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HomeMy WebLinkAbout07-2527C WESLEY J. GARMAN, Plaintiff VS. CARLA J. GARMAN, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 0 7- a? S'2 7 G4-,-,( 7 7. CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 South Bedford Street Carlisle PA 17013 (717) 249-3166 Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y pueda entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 South Bedford Street Carlisle PA 17013 (717) 249-3166 WESLEY J. GARMAN, : IN THE COURT OF COMMON. PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. :NO. 6 7- .2 SJ 7 C L- T CARLA J. GARMAN, : CIVIL ACTION - LAW Defendant : IN DIVORCE COUNTI COMPLAINT FOR DIVORCE UNDER SECTION 3301(C) OR 3301(D) OF THE DIVORCE CODE AND NOW, comes the above-named Plaintiff, Wesley J. Garman, by his attorney, Mark A. Mateya, Esquire, and seeks to obtain a Decree in Divorce from the above-named Defendant upon the grounds hereinafter more fully set forth. 1. Plaintiff is Wesley J. Garman, an adult individual who currently resides at 1038 Alexander Spring Road, Carlisle, Cumberland County, Pennsylvania 17015. 2. All legal papers may be served on Plaintiff by service on his Attorney, Mark A. Mateya, Esquire with a mailing address of P.O. Box 127, Boiling Springs, PA 17007. ` 3. Defendant is Carla J. Garman, an adult individual who currently resides at 1038 Alexander Spring Road, Carlisle, Cumberland County, Pennsylvania 17015. 4. Plaintiff and Defendant are bona fide residents of the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. I 5. The Plaintiff and Defendant were married on November 9, 1996, in Carlisle, Cumberland County, Pennsylvania. 6. There have been no prior actions of divorce or for annulment of marriage between the Parties in this or any other jurisdiction. 7. The marriage is irretrievably broken. 8. Neither the Plaintiff nor the Defendant are members of the armed services of the United States or any of its allies. 9. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. 10. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant will also file such an Affidavit. COUNT II CLAIM FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER THE DIVORCE CODE 11. Plaintiff and Defendant are the owners of various items of real property, personal property, furniture and household furnishings that may be subject to equitable distribution by this Court. 12. Plaintiff and Defendant are the owners of various motor vehicles, bank accounts, investments, insurance policies and retirement benefits which may be subject to equitable distribution by this Court. WHEREFORE, Plaintiff requests the Court to enter a Decree: a. Dissolving the marriage between Plaintiff and Defendant; b. Equitably distributing all property owned by the parties hereto; C. In the event that a written Separation Agreement is reached between the parties hereto prior to the time of hearing on this Complaint, Plaintiff respectfully requests that pursuant to §304(a)(1) and (4) and §401(b) of the Divorce Code the Court approve and incorporate, but not merge such Agreement in the Final Divorce Decree; d. For such further relief as the Court may determine equitable and just. Respectfully submitted, Dated t By: Mark A. Mateya Attorney I.D. No. 78931 P.O. Box 127 Boiling Springs, PA 17007 (717) 241-6500 Attorney for Plaintiff rl C ,Z, -) M1 S F ? ? U1 a E rv C7 Mr 1 -? d "? WESLEY J. GARMAN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. CARLA J. GARMAN, : CIVIL ACTION - LAW Defendant : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 South Bedford Street Carlisle PA 17013 (717) 249-3166 Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demands y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y pueda entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 South Bedford Street Carlisle PA 17013 (717) 249-3166 WESLEY J. GARMAN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. G 7- -R3 -2 '1 .( T-11. CARLA J. GARMAN, : CIVIL ACTION - LAW Defendant : IN DIVORCE COMPLAINT FOR CUSTODY AND NOW, comes Petitioner, Wesley J. Garman, by and through his attorney, Mark A. Mateya, and respectfully represents: 1. The Plaintiff is Wesley J. Garman, who presently resides at 1038 Alexander Spring Road, Carlisle, Cumberland County, Pennsylvania 17015. 2. The Defendant is Carla J. Garman, presently residing at 1038 Alexander Spring Road, Carlisle, Cumberland County, Pennsylvania 17015. 3. Plaintiff seeks custody of the following children: Name Present Residence Age, D/O/B McKennah I. Garman 1038 Alexander Spring Road 9 Yrs. 4/23/98 Carlisle PA 17015 Marissa P. Garman 1038 Alexander Spring Road 5 Yrs. 10/16/01 Carlisle, PA 17015 4. The children were not born out of wedlock. 5. The children are presently in the custody of Wesley J. Garman who presently resides at 1038 Alexander Spring Road, Carlisle, Cumberland County, Pennsylvania and Carla J. Garman who presently resides at 1038 Alexander Spring Road, Carlisle, Cumberland County, Pennsylvania. 6. During the past five (5) years the children have resided with the following persons at the following addresses: a. With Plaintiff and Defendant at 1038 Alexander Spring Road, Carlisle, Cumberland County, Pennsylvania. 7. The Father ofthe children, Wesley J. Garman, is currently residing at 1038 Alexander Spring Road, Carlisle, Cumberland County, Pennsylvania, and he is married. 8. The Mother of the children is Carla J. Garman, who is currently residing at 1038 Alexander Spring Road, Carlisle, Cumberland County, Pennsylvania, and she is married. 9. The relationship of the Plaintiff to the children is that of natural father. The Plaintiff currently resides with the children. 10. The relationship of the Defendant to the children is that of natural mother. The defendant currently resides with the children. 11. The Plaintiff has not participated as a parry or witness, or in another capacity in other litigation concerning the custody of the children in this or any other Court. 12. Plaintiff has no information of a custody proceeding concerning the children pending in any Court of this Commonwealth or any other state. 13. Plaintiff does not know of a person not a party to the proceeding who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 14. The best interest and permanent welfare of the children will be served by granting a shared physical and legal custody arrangement because: a. Plaintiff is the natural father of the children; b. Plaintiff has been a primary caregiver of the children from the time of the children's birth to the present; C. Plaintiff is able to provide a stable home for the children. -2- d. Both Paternal and Maternal Grandparents show great love and affection for the children. Plaintiff is able to financially provide for the children. WHEREFORE, Plaintiffrequests this Honorable Court to schedule a custody conciliation at the Court's convenience. Respectfully submitted, Uk. ? MarA. Mateya Attorney I.D. No. 78931 P.O. Box 127 Boiling Springs PA 17007 (717) 241-6500 Attorney for Plaintiff Dated: (?;- ( ( ( 0--7 -3- ,t VERIFICATION J I, WESLEY GARMAN, verify that the facts set forth in the foregoing COMPLAINT FOR CUSTODY are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. W SLEY ARMAN DATED: -4- C? N C7 ca Q -T7 rn 1 -'y ?L`l te'a' - T 'T3 CD m ?1 1k F: \FILES\DATAFILE\General\Current\9452\9452.3. cuspra\tde Revised: 5/7/07 4:02PM Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 17512 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant WESLEY J. GARMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-2527 CIVIL ACTION - LAW CARLA J. GARMAN, : Defendant IN CUSTODY PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Enter the appearance of MARTSON LAW OFFICES on behalf of Defendant in the above matter. MARTS LAW OFFICES By ? X-,V1 u - JTnnif? t Spears, Esquire T n E t igh Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Dated: May 7, 2007 J? CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Mark A. Mateya, Esquire P.O. Box 127 Boiling Springs, PA 17007 MARTSON LAW OFFICES T+ic'ia D. Eckenroad Ten East High Street Aisle, PA 17013 (717) 243-3341 Dated: May 7, 2007 C7 rv 0 17? riles co C a y rT1 WESLEY J. GARMAN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. CARLA J. GARMAN DEFENDANT 07-2527 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, May 09, 2007 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, June 12, 2007 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ ac ueline M. Verne Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 C'41V kp -v- /Ovv? ?0' ,?vra,r ?(9J "? LO y i' ; xno LO :41111A] 6- P41-1 ZOQZ I WESLEY J. GARMAN, Plaintiff VS. CARLA J. GARMAN, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-2527 : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF SERVICE AND NOW, this 25th day of Mav, 2007, comes Mark A. Mateya, Esquire, Attorney for Plaintiff, who, being duly sworn according to law, deposes and says that: 1. A Complaint for Divorce and Custody was filed to the above term and number on May 2, 2007. 2. On or about May 2, 2007, a certified copy of the Complaint in Divorce and Custody was mailed to the Defendant, via Certified Mail, Restricted Delivery, Return Receipt Requested. The Return Receipt was received by Plaintiff s counsel, Mark A. Mateya, Esquire on or about May 25, 2007 and was signed for by the Defendant on May 24, 2007. A copy of the Return Receipt is attached hereto as Exhibit "A" and is incorporated herein by reference. D 3. A certified copy of the Complaint was mailed to the Defendant via first class mail, postage prepaid on May 2, 2007. The Certificate of Mailing is attached hereto as Exhibit "B" and is incorporated herein by reference. Respectfully submitted, AFT - Mark A. Mateya, Es ire Attorney I.D. No. 78931 P.O. Box 127 Boiling Springs, PA 17007 (717) 241-6500 (717) 241-3099 Fax Attorney for Plaintiff • • . r CERTIFIED o (Domestic tr F d li b it t i i i i f or e very www.usps.come. s e a ormat on v s t our we n Ln lk- M nJ Postage $ 1700 C3 Certified Fee 4 Q C3 Retum Reclept Fee (Endorsement Required) Pr?stma 0 Restricted Delivery Fee :5 . ! i- Z C3 (Endorsement Required) dr Total Postage & Fees $ M TIA 0 t d?1?.,Z.A ?• ? l?ly1/?J? ... _ ............... A 6.. ............................ r` Sneer, r. Fk -- orFoBoxIVo. p 3 0415Ee SP,e I,?G 1QD ---- ------1 -------------------------- --------------------------?..:.---- --- M state. A kJ- jsLC AA4 PI .5 PS Form 3800, June .2002 See Reverse for Instructions ¦ Complete items 1. 2, and 3. Also complete lbein 4 If Restricted Delivery Is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, ott, on the front I space permits. 1. Attkfe Addressed to: X 03 8 ?4?x A QDF2 SAD;. , e,AkJ-?sLE PA 0015- /? a Ollipiture X 17?„D,, ?o A Agft .N. D. Is delivery address different from kern 1? ? Yes If YES, enter delivery address below: 13 No 3. type CerMW Mail 13 Etgaees Mail O Registered O Return ReoeiPt for Mercitsrrdwe ? Insured Mail ? C.O.D. 4. ReWlet d Delivery? (Extra Fee) jyyes 2- ArrideNwnber MW"f8rftm8WVftftW 7003 0502 0004 2325 9017 PS Form 3811, February 2004 Domestic Retum Receipt 14A-1540 • • U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: `7` A ?? . D, 1 '7 3o? L iN PA 70©7 ONkkA ce of ordinary mail addre/s?ed to: Y (?f4 2?'YI x}A? 103f AMETuA uDa .5he iAJ& Q O r O P y O M O o ?p ? h m 0 0 C3 3 C D C cn 33 Ln. CNO0 + ? ONO W ?? J?CtC11 Wc.rl M V) m M PS Form 3817, Mar. 1989 Billing Attu - none C:) G; -n W _, 3 V 9 `\ 7r l JUN 13 2007 O" WESLEY J. GARMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007-2527 CIVIL ACTION - LAW CARLA J. GARMAN, : IN CUSTODY Defendant ORDER OF COURT AND NOW, this ( $ day of 3'Lu, c.- , 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Wesley J. Garman and the Mother, Carla J. Garman, shall have shared legal custody of McKennah I. Garman, born April 23, 1998 and Marissa P. Garman, born October 16, 2001. Each party shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each party shall be entitled to all records and information pertaining to the children including, but not limited to medical, dental, religious or school records, and the residence address of the children and the other parent. To the extent one party has possession of any such records or information, that party shall be required to share the same, or copies thereof, with the other party within such reasonable time as to make the records and information of reasonable use to the other party. All parties shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each party shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parties including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each party shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 2. Mother shall have primary physical custody of the children. 3. Father shall have periods of,partial physical custody as follows: A. In the summer: 1. Every Wednesday overnight from 4:30 p.m. to Thursday at 6:45 a.m. 2. Three consecutive weekends out of every four weekends. Beginning Friday, June 15, 2007, three consecutive weekends from Friday at 4:30 to Monday morning at 6:45 a.m. Mother ti LS :6 V 61 HIP LOOT 2-Hi ?O shall then have the fourth weekend and weekends shall alternate thereafter on a 3/1 schedule. B. During the school year: 1. Every Wednesday overnight from 4:30 p.m. to Thursday at 6:45 a.m. 2. On the off week, alternating Tuesdays overnight from 4:30 p.m. to Wednesday at 6:45 a.m. 3. Alternating weekends from Friday at 4:30 p.m. to Monday at 6:45 a.m. 4. Each party shall have one full week of physical custody in the summer provided they give 30 days prior notice to the other party and are going away on vacation. 5. Holidays: a. Thanksgiving shall be shared with Father always having physical custody of the children from 9:00 a.m. to 3:00 p.m. and Mother always having physical custody of the children from 3:00 p.m. to 9:00 p.m. b. Christmas shall be divided into two Blocks. Block A shall be from 12:00 noon on Christmas Eve to 12:00 noon on Christmas Day. Block B shall be from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Father shall have Block A in odd numbered years and Block B in even numbered years. Mother shall have Block A in even numbered years and Block B in odd numbered years. c. Easter shall be shared such that Mother shall always have physical custody of the children from 9:00 a.m. to 3:00 p.m. and Father shall always have physical custody of the children from 3:00 p.m. to 9:00 p.m. d. Mother shall always have physical custody of the children on Mother's Day and Father shall always have physical custody of the children on Father's Day, both at times as agreed. 6. The parties shall cooperate in obtaining counseling for the children. 7. Father shall be responsible for all transportation. 8. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control BY THE COU T J WESLEY J. GARMAN, Plaintiff V. CARLA J. GARMAN, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2007-2527 CIVIL ACTION - LAW : IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF McKennah 1. Garman April 23, 1998 Mother Marissa P. Garman October 16, 2001 Mother 2. A Conciliation Conference was held in this matter on June 12, 2007 with the following in attendance: The Father, Wesley J. Garman, with his counsel, Mark A. Mateya, Esquire, and the Mother, Carla J. Garman, with her counsel, Jennifer Spears, Esquire. 3. The parties agreed to an Order in the form as attached. &-/a`D7 Date A( t6t"?' ac eline M. Verney, Esquire 47 Custody Conciliator J. GARMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2007-2527 CIVIL TERM k J. GARMAN, Defendant CIVIL ACTION -LAW IN DIVORCE PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: Please withdraw the appearance of Jennifer L. Spears, Esquire as attorney for Defendant arla J. Garman in the above-cautioned action. Jenne . Spears, Esquire PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Keith O. Brenneman, Esquire and Snelbaker & Brenneman, P. C. as attorneys for Defendant Carla J. Garman in the above-captioned action. SNELBAKER & BRENNEMAN, P. C. 0 6461 h'il 5 2 as 7 Date: BY: ` Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date, a true and correct copy of the foregoing Praecipe be served upon the persons and in the indicated below: FIRST CLASS MAIL. POSTAGE PREPAID, ADDRESSED AS FOLLOWS: Jennifer L. Spears, Esquire Martson Law Office 10 East High Street Carlisle, PA 17013 Mark A. Mateya, Esquire P. O. Box 127 Boiling Springs, PA 17007 SNELBAKER & BRENNEMAN, P.C. By: Keith O. Brenneman, Esquire 44 W. Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Defendant Carla J. Garman Date: October 5, 2007 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. C .) na iE1 c L? ?:. WESLEY J. GARMAN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 07-2527 CARLA J. GARMAN, : CIVIL ACTION - LAW Defendant : IN DIVORCE PRAECIPE FOR WITHDRAWAL OF APPEARANCE Please withdraw my appearance in the above-captioned matter on behalf of the Plaintiff, Wesley J. Garman. Respectfully submitted, "A. Mark A. Mateya, Es ire Attorney I.D. No. 78931 P.O. Box 127 Boiling Springs, PA 17007 ?? (717) 241-6500 Dated: PRAECIPE FOR ENTRY OF APPEARANCE Please enter my appearance in the above-captioned matter on behalf of Plaintiff, Wesley J. Garman. Respectfully submitted, Michael O. Palermo,, sq. Rominger Law 155 South Hanover Street Carlisle, PA 17013 3 (717) 241-6070 Date: o a -?v r ... . .?"' ? .w-:; ?= = --o ? ?w 1 ? ? ?" G `+ i '? 4` ?r'i W ?\ .., ':? .. • wt WESLEY GARMAN, Plaintiff V. CARLA GARMAN, Defendant TO THE PROTHONOTARY: W ? 6,/ 01 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION : NO. 07-2527 : IN DIVORCE ENTRY OF APPEARANCE Please enter my appearance on behalf of the Plaintiff, Wesley Garman in the above captioned divorce action. Respectfully submitted, ROMINGER & ASSOCIATES Michael O. Palermo, r., squire 155 South Hanover Street Carlisle, Pennsylvania (717) 241-6070 Supreme Court I.D.# 93334 WITHDRAWAL OF APPEARANCE Please withdraw my appearance on behalf of the Plaintiff, Wesley Garman in the above captioned divorce action. 1 Mark A. Mateya, quire P.O. Box 127 Boiling Springs, PA 17007 (717) 241-6500 CJ +v rr 'n ai ?Y J. GARMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-2527 CIVIL TERM % J. GARMAN, Defendant CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S PETITION FOR SPECIAL RELIEF PURSUANT TO Pa.R.C.P. 1920.43 Defendant Carla J. Garman, by her attorneys, Snelbaker & Brenneman, P. C., submits s Petition For Special Relief and in support thereof avers the following: 1. Petitioner Carla J. Garman is an adult individual residing at 1038 Alexander Spring Carlisle, Pennsylvania 17015. 2. Respondent Wesley J. Garman is an adult individual residing at 15 Shea Court, Pennsylvania 17015. 3. On May 2, 2007 Respondent filed a Complaint in Divorce docketed to the above ber. 4. On May 1, 2007 Respondent voluntarily vacated 1038 Alexander Spring Road, where Petitioner continues to reside with the parties' two children. 5. On and prior to December 31, 2007 Respondent entered the garage and the residence at 1038 Alexander Spring Road without any notice to or knowledge of Petitioner and removed a large amount of marital property in the form of personal property, tools and equipment. 6. By letter dated January 4, 2008 Petitioner's attorney requested Respondent's attorney LAW OFFICES SNELBAKER & BRENNEMAN, P.C. to provide an inventory of those items that Respondent had taken from the garage and residence in 2007. 7. Despite demand by Petitioner's counsel for an inventory of items taken from the marital residence, Respondent has failed and refused to provide such an inventory. 9. Petitioner is concerned that Respondent will come and go from the marital residence he pleases and continue to take and remove marital property therefrom. 10. Given that Respondent has not provided an inventory of the items he has taken from marital residence after having been given the opportunity to do so, Petitioner is concerned Respondent will dispose of the property he has taken from the marital residence and thereby inish the marital estate thereby affecting Petitioner's rights in the equitable division of marital 11. Respondent's attorney does not consent to the relief requested by Petitioner herein. WHEREFORE, Petitioner requests this Court to order and direct Respondent to: (a) Prepare and submit an inventory of all items of personal property taken from the marital residence by Respondent, whether alone or with another or others in 2007; (b) make available to Petitioner all items of personal property taken by Respondent and others in 2007 so that Petitioner may have same appraised; (c) direct that Respondent shall not enter the marital residence without first giving prior notice of at least 48 hours to Petitioner and then only upon providing Petitioner with an explanation as to why he needs to be at the marital residence; (d) direct that Respondent shall not dispose of, convey or destroy any items of personal property taken from the marital residence; and -2- LAW OFFICES SNELBAKER & BRENNEMAN, P.C. (e) grant Petitioner such other relief as this Court in its discretion deems just and appropriate. SNELBAKER & BRENNEMAP , P. C. BY: Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 February 8, 2008 Attorneys for Petitioner Carla J. Garman LAW OFFICES SNELBAKER 8C -? BRENNEMAN,P.G. VERIFICATION I verify that the statements made in the foregoing Petition are t e and correct. I stand that false statements herein are made subject to the penalti s of 18 Pa.C.S. Section relating to unsworn falsification to authorities. (,(-"a - --- Carla J. Garman : February 8, 2008 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date, caused a true and correct copy of the foregoing Petition served upon the persons and in the manner indicated below: FIRST CLASS MAIL, POSTAGE PREPAID, ADDRESSED AS FOLLOWS: Michael J. Palumbo, Esquire Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 By: Date: February 8, 2008 SNELBAKER & BRENNEMAN, P.C. Keith O. Brenneman, Esquire 44 W. Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Petitioner Carla J. Garman LAW OFFICES SNELBAKER & BRENNEMAN, P.C. ra ;. -Tt ? _ , C1 r -Y J. GARMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-2527 CIVIL TERM k J. GARMAN, Defendant CIVIL ACTION - LAW IN DIVORCE AMENDMENT TO DEFENDANT'S PETITION FOR SPECIAL RELIEF PURSUANT TO Pa.R.C.P. 1920.43 Defendant Carla J. Garman, by her attorneys, Snelbaker & Brenneman, P. C., submits Amendment to the Petition For Special Relief dated and filed February 8, 2008 in the above as follows: 1. Concurrence of Respondent's counsel was sought and Respondent's counsel does not consent to the Petition. 2. The Honorable A. Wesley Oler, Jr. has ruled in this case by issuing an Order that was pursuant to an agreement of the parties with respect to custody of the parties' children. SNELBAKER & BRENNEMAN, P. C. jDate: February 13, 2008 I? BY: Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Petitioner Carla J. Garman LAW 0MCES SNELBAKER & BRENNEMAN, P.C. VERIFICATION I verify that the statements made in the foregoing Amendment to Petition For Special are true and correct. I understand that false statements herein are made subject to the of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Keith O. Brenneman February 13, 2008 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date, a true and correct copy of the foregoing Amendment to Petition For Special Relief served the person and in the manner indicated below: FIRST CLASS MAIL POSTAGE PREPAID ADDRESSED AS FOLLOWS: By: /r f"e4 wz y It( 2voe Michael J. Palermo, Esquire Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 SNELBAKER & BRENNEMAN, P.C. Keith O. Brenneman, Esquire 44 W. Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Petitioner Carla J. Garman LAW OFFICES SNELBAKER & BRENNEMAN. F.C. Qi .-4 S Fol rtt FEB 1 12008 ry ?Y J. GARMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-2527 CIVIL TERM k J. GARMAN, : Defendant CIVIL ACTION - LAW IN DIVORCE ORDER I AND NOW, this 16 ` day of f Q4 , , 2008 upon consideration of ant's Petition for Special Relief is it hereby ORDERED that a Rule is issued upon dent Wesley J. Garman to show cause, if any he should have, why the relief requested in ant's Petition for Special Relief should not be granted. RULE RETURNABLE within ( ?, days of service of this Order and the Petition Respondent's counsel. Tie LAW OFFICES SNELBAKER & BRENNEMAN. P.C. By the Court: L,5:? ZI .y 1 48 OZ 83J 860Z Ati 1U nl.,,; .j 1H.i do, L IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA WESLEY J.GARMAN Plaintiff V. CARLA J. GARMAN Defendant :CIVIL ACTION - LAW NO. 07-2527 :In Divorce DEFENDANT'S ANSWER TO RULE TO SHOW CAUSE 1. On February 16, 2008 the Honorable J. Wesley Oler, Jr., entered a Rule upon Plaintiff to show cause why Defendants Motion for Special Relief should not be granted. 2. Plaintiff, through undersigned counsel compiled a list of property removed from the marital residence and provided a copy of the same to counsel for Plaintiff in this matter on or about February 29, 2008. 3. In that same letter, undersigned counsel assured Plaintiff and her respective counsel that said items would not be sold and would be maintained as a marital asset pending equitable distribution in the above captioned divorce matter. (Attached as Exhibit "A") 4. Defendant in this case has on other occasion advised opposing counsel that Defendant had been advised he must maintain all assets removed from the residence pending equitable distribution or a marital property settlement in the above captioned divorce matter. 5. Defendant hereby submits this Answer prior to March 1, 2008 - the date the Rule would have been returnable. 6. In compliance with Cumberland County Local Rule 208.3(a)(2), the Honorable J. Wesley Oler, Jr. had previously signed a Stipulated Custody Order at the above docket in addition to the before mentioned Rule upon Plaintiff returnable on March 1, 2008. WHEREFORE Plaintiff respectfully avers that this Answer has shown cause why the relief requested by Defendant should not be granted and deemed moot. Dated: February 28, 2008 Respectfully submitted, ROMINGER & ASSOCIATES Mi ael O. Palermo, Jr., Esq ' e 155 S. Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 (717) 241-6878 (fax) Counsel for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA WESLEY J.GARMAN :CIVIL ACTION - LAW Plaintiff : NO. 07-2527 V. CARLA J. GARMAN Defendant : In Divorce CERTIFICATE OF SERVICE I, Michael O. Palermo, Jr., Esquire, attorney for Plaintiff, do hereby certify that on February 28, 2008 I caused to be served a true and correct copy of the foregoing document entitled Answer to Rule on the following by depositing the same in the U.S. Mail, postage pre-paid at Carlisle, Pennsylvania addressed as follows: Keith O. Brenneman, Esquire Attorney for Defendant 44 W. Main Street P.O. Box 3.18 Mechanicsburg, Pennsylvania 17055 Respectfully submitted, ROMINGER & ASSOCIATES ael O. Palermo, Jr., Esquire PA Supreme Court ID #93334 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Attorney for Plaintiff ROMINGER & ASSOCIATES Attorneys at Law Karl E. Rominger Michael 0. Palermo, Jr. Vincent Monfredo February 28, 2008 Keith O. Brenneman, Esquire 44 W. Main Street P. O. Box 318 Mechanicsburg, PA 17055 RE: GARMAN v. GARMAN DOCKET NO. 07-2527 Dear Attorney Brenneman: In regards to your Petition for Special Relief and the subsequent Rule issued upon Mr. Garman, concerning items removed from the marital residence, I have listed the items below and have instructed my client to remain in possession of the same pending equitable distribution in this matter. 1). A tool box with Mr. Garman's hand tools 2). Snowmobile(s) with Trailer and the Dale Jr. Dragster 3). A track that my client needed to ride the same in the snow 4). Miscellaneous "air tools" powered by a compressor which was also removed. 5).McKennah and Marrisa's four wheelers, 6). Eton scooter. Lastly, I have simultaneously responded to the Rule issued upon Mr. Garman and have enclosed a copy of the same. It is anticipated that this accounting will satisfy your client's request and there will be no need for a hearing regarding this issue. If the hearing is discontinued kindly contact my office so I may adjust my schedule accordingly. Truly, Mic ael O. Palerm , r. MOP:Ijj cc. Wesley Garman 155 South Hanover Street, Carlisle, Pennsylvania 17013 • Tel: (717) 241-6070 • Fax: (717) 241-6878 www.romingerlaw.com ADVOCACY - ADVICE - ANSWERS 7 h? CX) J. GARMAN, Plaintiff V. J. GARMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-2527 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE PETITION FOR MODIFICATION OF CUSTODY ORDER Defendant Carla J. Garman, by her attorneys, Snelbaker & Brenneman, P. C., submits ition to modify the parties' June 18, 2007 custody Order as follows: 1. An Order of Court dated June 18, 2007 was issued in this matter establishing the rights of the parties hereto with respect to their two children, McKennah I. Garman, born 3, 1998 and Marissa P. Garman, born October 16, 2001. A true and correct copy of the s, 2007, Order is attached hereto and incorporated by reference herein as "Exhibit A". 2. The Order dated June 18, 2007 should be modified for the following reasons, among a. The current custody Order provides that Petitioner would have custody of the parties' children during the summer one weekend in every four weekends. That arrangement was agreed to at that time because Petitioner was not working; however, it was understood that if Petitioner would work, this summer weekend arrangement would be modified. Petitioner desires to modify the summer custody schedule to alternating weekends since she is working and due to the issues identified in 2.b., below. b. The current custody Order does not provide for a reciprocal right of first refusal. LAW OFFICES SNELBAKER & Plaintiff/Respondent has on most occasions failed to spend time with the parties' BRENNEMAN, P.C. children during his periods of custody although he takes custody of them. Respondent/Plaintiff works overtime when he has custody and pursues activities personal to him and not his children, many times leaving his children in the custody of their paternal grandmother or Respondent's sister. Petitioner desires to modify the current Order to provide for a reciprocal right of first refusal based upon a three (3) hour period. c. Third parties, namely Respondent's mother, is actively engaging in disciplining the parties' children when such actions are and should be the responsibility of Respondent. Petitioner desires to modify the current Order to require the parties not to delegate or allow any discipline of the parties' children to be given to third persons and to preclude certain methods of physical discipline that Respondent utilizes. d. Respondent and Respondent's mother, with whom Respondent resides, fail to allow I the parties' children to have liberal telephone contact with Plaintiff when Respondent has physical custody of the children. Petitioner desires to modify the Order to allow liberal telephone contact by the children with the non-custodial parent and to preclude third parties from interfering with such contact. 3. For the reasons set forth above, Petitioner requests this Court to modify the June 18, 2007 custody Order. 4. Consent to the relief requested in this Petition was sought from Respondent and Respondent does not consent to the relief requested 5. This matter has been assigned to the Honorable J. Wesley Oler, Jr., who issued the -2- LAW OFFICES SNELBAKER & BRENNEMAN, P.C. Order of June 18, 2007. SNELBAKER & BRENNEMAN, P. C. BY: I/h/-L" Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 April 11, 2008 Attorneys for Petitioner Carla J. Garman LAW OFFICES SNELBAKER 8, _ BRENNEMAN, P.C. -? VERIFICATION I verify that the statements made in the foregoing Petition are true and correct. I that false statements herein are made subject to the penalties of 18 Pa.C.S. Section r?lating to unsworn falsification to authorities. r-? J . G1?...ma..? Carla J. Garman April 11, 2008 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. JUN 1 3 2007p"Y WESLEY CARLA consiaei follows: J. GARMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007-2527 CIVIL ACTION - LAW GARMAN, IN CUSTODY Defendant ORDER OF OURT NOW, this day of , 2007, upon n of the attached Custody Conciliation Report, it is ordered and directed as 1. The Father, Wesley J. Garman and the Mother, Carla J. Garman, shall have shared legal custody of McKennah 1. Garman, born April 23, 1998 and Marissa P. Garman, born October 16, 2001. Each party shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children' general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each party shall bee titled to all records and information pertaining to the children including, but not limited to medical, dental, religious or school records, and the residence address of the children and the other parent. To the extent one party has possession of any such records or information, that party shall be required to share the same, or copies thereof, with the other party within such reasonable time as to make the records and information of reasonable use to the other party. All parties shall be entitled to frill participation in all education 1 and medical/treatment planning meetings and evaluations with regard to the minor child. Each party shall be entitled to frill and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parties including, but not limited to: medical records, birth certificates, school or educational attendanc records or report cards. Additionally, each party shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. Mother shall have primary physical custody of the children. Father shall have periods of partial physical custody as follows: - A. In the summer: 1. Every Wednesday overnight from 4:30 p.m. to Thursday at 6:45 a.m. 2. Three consecutive weekends out of every four weekends. Beginning Friday, June 15, 2007, three consecutive weekends from Friday at 4:30 to Monday morning at 6:45 a.m. Mother EXHIBIT A shall then have the fourth weekend and weekends shall alternate thereafter on a 3/1 schedule. B. During the school year: 1. Every Wednesday overnight from 4:30 p.m. to Thursday at 6:45 a.m. 2. On the off week, alternating Tuesdays overnight from 4:30 p.m. to Wednesday at 6:45 a.m. 3. Alternating weekends from Friday at 4:30 p.m. to Monday at 6:45 a.m. 4. Each party shall have one full week of physical custody in the summer provided t ey give 30 days prior notice to the other party and are going away on vacation. Holidays: a. Thanksgiving shall be shared with Father always having physical custody of the children from 9:00 a.m. to 3:00 p.m. and Mother always having physical custody of the children from 3:00 p.m. to 9:00 p.m. b. Christmas shall be divided into two Blocks. Block A shall be from 12:00 noon on Christmas Eve to 12:00 noon on Christmas Day. Block B shall be from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Father shall have Block A in odd numbered years and Block B in even numbered years. Mother shall have Block A in even numbered years and Block B in odd numbered years. c. Easter shall be shared such that Mother shall always have physical custody of the children from 9:00 a.m. to 3:00 p.m. and Father shall always have physical custody of the children from 3:00 p.m. to 9:00 p.m. d. Mother shall always have physical custody of the children on Mother's Day and Father shall always have physical custody of the children on Father's Day, both at times as agreed. 6. The parties shall cooperate in obtaining counseling for the children. 7. Father shall be responsible for all transportation. 8. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. I the absence of mutual consent, the terms of this Order shall control BY THE C U T J. cc: ?1ark : . Matey a, Esquire. Counsel for Father s r! RD Jennife Spears. Esquire, Counsel for Mother my hailc 4dh Pa. _......... 6 2 honotary WESLEY J. GARMAN, Plaintiff V. CARLA J. GARMAN, Defendant PRIOR, E: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-2527 CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT PROCE report: ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL URE 1915.3-8, the undersigned Custody Conciliator submits the following 1 The pertinent information concerning the Children who are the subject of this litiv, tion is as follows: AME DATE OF BIRTH CURRENTLY IN CUSTODY OF McKenn h I. Garman April 23, 1998 Mother Marissa . Garman October 16, 2001 Mother 2 A Conciliation Conference was held in this matter on June 12, 2007 with the folio -ing in attendance: The Father, Wesley J. Garman, with his counsel, Mark A. Mateya, squire, and the Mother, Carla J. Garman, with her counsel, Jennifer Spears, Esquire. 31 Date The parties agreed to an Order in the form as attached. facqueline M. Verney, Esquire Custody Conciliator J CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date, a true and correct copy of the foregoing Petition to be served upon the person and in the indicated below: FIRST CLASS MAIL, POSTAGE PREPAID, ADDRESSED AS FOLLOWS: Michael O. Palermo, Esquire Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 SNELBAKER & BRENNEMAN, P.C. By: Keith O. Brenneman, Esquire 44 W. Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Petition Carla J. Garman Date: April 11, 2008 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. Jr, WESLEY J. GARMAN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. CARLA J. GARMAN DF.FF.NDANT 2007-2527 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, _ Tuesday, April 15, 2008 ,, upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, May 08, 2008 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custodv orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By; /s/ , facguellne M. Verney, Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 OF RI 20Ei8 F 16 It- 2.5 i cofy 'yl! 410 co Py ?c 7 MAY 0 8 2008 WESLEY J. GARMAN, Plaintiff V. CARLA J. GARMAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2007-2527 : IN CUSTODY ORDER OF COURT CIVIL ACTION - LAW AND NOW, this t L day of Jam, 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: I . The prior Order of Court dated June 18, 2007 shall remain in full force and effect with the following modifications and additions. 2. Paragraph 3A is deleted. The summer schedule shall be identical to the school year schedule listed in the prior Order of Court dated June 18, 2007. During the summer, however, Father shall drop off the children at Mother's home at 6:45 a.m. already dressed and fed. 3. In the event that either parent is in need of a babysitter for more than 3 hours, the custodial parent shall contact the non-custodial parent and offer said time to the non-custodial parent. 4. No third party may physically discipline the children. The parents are prohibited from inappropriate physical discipline of the children. 5. The parties shall have liberal telephone contact with the children without interference from third parties. 6. The custodial parent shall insure that the children are transported to their school and extracurricular activities. 7. Father shall be responsible for all transportation except for the holiday schedule. The parties shall share transportation with the receiving party transporting for the holiday schedule. 8. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Either party may contact the Conciliator within 90 days of this Order of Court to schedule a telephone conference on the babysitting clause issue only. L I .Z wd £ # IN 8001 AbVION iiOdd 3a JO 30?4"c- C[ "ly cc: Keith O. BrennemanEsquire Counsel for Mother Michael O. Palermo, Jr., Esquire, Counsel for Father l:0Ptk-T rri*atLL A 110 L3 BY THE COURT. MAY O 9200g? WESLEY J. GARMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007-2527 CIVIL ACTION - LAW CARLA J. GARMAN, : IN CUSTODY Defendant PRIOR JUDGE: J. Wesley Oler, Jr., J CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF McKennah 1. Garman April 23, 1998 Mother Marissa P. Garman October 16, 2001 Mother 2. A Conciliation Conference was held in this matter on May 8, 2008 with the following in attendance: The Mother, Carla J. Garman, with her counsel, Keith O. Brenneman, Esquire, and the Father, Wesley J. Garman, with his counsel, Michael O. Palermo, Jr., Esquire. 3. The Honorable J. Wesley Oler, Jr. previously entered an Order of Court dated June 18, 2007 providing for shared legal custody, Mother having primary physical custody with Father having periods of partial physical custody on alternating weekends, every Wednesday overnight and on the off week Tuesdays overnight. 4. The parties agreed to an Order in the form as attached. Date acq line M. Verney, Esquire Custody Conciliator WESLEY J. GARMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007-2527 CIVIL ACTION - LAW CARLA J. GARMAN, . Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 14th day of September, 2009, neither party having requested another conciliation conference and ninety days having passed since the last conference, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, Jac ueline M. Verney, Esquir , Custody Conciliator QI OF THE P,-,r) F;' : ,?Tkqy 2009 SEP IS A,1 9: 24 a rt ,- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA WESLEY J. GARMAN Plaintiff : CIVIL ACTION - LAW : NO. 07-2527 V. CARLA J. GARMAN Defendant In Divorce MOTION FOR APPOINTMENT OF MASTER Wesley J. Garman , Plaintiff, moves the Court to appoint a Master with respect to the following claims: ( X ) Divorce ( X ) Distribution of Property ( ) Annulment ( ) Support ( ) Alimony ( ) Counsel Fees ( ) Alimony Pendente Lite ( X ) Costs and Expenses and in support of the Motion states: 1. Discovery is complete as to the claim(s) for which the appointment of a Master is requested. 2. The Plaintiff has appeared in the action by his attorney, Michael O. Palermo, Jr., Esquire. 3. The statutory ground(s) for divorce are: (a) the marriage is irretrievably broken 4. The action is contested with respect to the following claims: Equitable Distritbution. 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take several hours. 7. Additional) information, if any, relevant to the Motion: Non . Date: V1? Michael O. Palerm , Jr, Esquire Attorney for Plaintiff OF n9EUM6w MNOV 17 M 315Q OAWWMW? y ?. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA WESLEY J.GARMAN Plaintiff V. CARLA J. GARMAN Defendant :CIVIL ACTION - LAW NO. 07-2527 :In Divorce ORDER APPOINTING MASTER 1 AND NOW, this -L??-day of 2009, , Jz Esquire, is appointed Master with respect to the following claims: 1. Divorce 2. Distribution of Property 3. Costs and Expenses Distribution: Xichael O. Palermo, Jr., Esquire 4 Xeith O. Brenneman, Esquire By the Court: „ 7PCALl J . lk-? FILED-OFFICE OF THE PROTHOINOTARY 2009 NOV 19 AM 11: 16 CLWB I iL. l -vli. WUNTY PENNSYLVANIA r JR j Keith O. Brenneman, Esquire Snelbaker & Brenneman, P.C. 44 West Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Defendant r. ? .n _VX 4r} ? CD ?.7 77 WESLEY J. GARMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 07-2527 CIVIL TERM CARLA J. GARMAN, CIVIL ACTION - LAW Defendant IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY ORDE_R_ AND FOR ORDER FOR CONTEMPT OF COURT Defendant Carla J. Garman by her attorneys, Snelbaker & Brenneman, P. C., submits this Petition to modify the parties' May 12, 2008 custody Order and for contempt of Court as follows: 1. An Order of Court dated May 12, 2008 was issued in this matter which Order, together with a previous Order of June 18, 2007, establishes the custody rights of the parties hereto with respect to their children, McKennah 1. Garman, born April 23, 1998, and Marissa P. Garman, born October 16, 2001. True and correct copies of the May 12, 2008 Order and June 18, 2007 Order are attached hereto and incorporated by reference herein collectively as "Exhibit A." 2. Wesley J. Garman has violated the terms of the Order of Court of May 12, 2008 in the LAW OFFICES SNELBAKER SC BRENNEMAN, P.C. following respects: a. On July 6, 201 1 Wesley J. Garman struck McKennah, knocking her to the driveway. The action by Wesley J. Garman was done in the presence of the parties' daughter, Marissa. This action by Wesley J. Garman is consistent with one or more previous acts by him when, for example, he had previous caused physical contact with McKennah with such force as to cause her hand to swell. These actions as described above by Wesley J. Garman are in direct violation and in contempt of this Court's Order of May 12, 2008, specifically paragraph 4 thereof, which provides that the parents are prohibited from inappropriate physical discipline of the children. b. Plaintiff Wesley J. Garman on July 6, 2011 refused timely to take his daughter McKennah to soccer practice and then indicated that he would not be taking her to soccer practice on Friday, July 8, 2011 during the time when he has custody of McKennah. The actions by Wesley J. Garman as described above are in contempt of the Court's Order of May 12, 2008, specifically paragraph 6 thereof, which requires the custodial parent to ensure that the children are transported to their school and extra-curricular activities. Wesley J. Garman has claimed repeatedly that he has been advised by counsel that he has no obligation to take McKennah to soccer practice when he has custody of McKennah. c. On July 6, 2011 Wesley J. Garman told McKennah that if he ever saw the cellular phone from Defendant's home again that he would crush it underneath a truck tire, indicating that that was a "promise". This action by Wesley J. Garman, among previous statements of a similar nature, notes his intent to interfere with the requirement of the May 12, 2008 Order, specifically paragraph 5 thereof, which provides that the parties shall have liberal telephone contact with the children. Wesley J. Garman continues to engage in a course of conduct whereby he makes disparaging comments in front of the parties' children concerning Defendant Carla J. Garman by calling her such names as a "dumb ass", among others. 4. For the reasons set forth above, Petitioner Carla J. Garman requests this Court to hold Wesley J. Garman in contempt of this Court's Order of May 12, 2008. 5. For the reasons set forth above, Petitioner Carla J. Garman requests this Court to modify the June 18, 2007 Custody Order and the May 12, 2008 Custody Order and address the -2- LAW OFFICES SNELBAKER 8C BRENNEMAN, P.C. actions of the Plaintiff for the benefit and wellbeing of the parties' daughters. 6. Consent to the relief requested in this Petition was sought from Respondent and Respondent does not consent to the relief requested. 7. This matter has been assigned to the Honorable Wesley J. Oler who issued the 'custody orders of June 18, 2007 and May 12, 2008. SNELBAKER & BRENNEMAN, P. C. By: Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Defendant Carla J. Garman Date: uG? ?, k/ LAW OFFICES SNELBAKER& BRENNEMAN, P.C. ', -3- VERIFICATION I verify that the statements made in the foregoing Petition are true and correct based upon personal knowledge, information and/or belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4909 relating to unsworn falsification to authorities. ( A f I ? C 01 , I --- arla J. Garman Date: q' q -I JUN 1s zooa?? WESLEY J. GARMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007-2527 CIVIL ACTION - LAW CARLA J. GARMAN, : IN CUSTODY Defendant ORDER OF kOURT AND NOW, this day of . -'-7007, upon consideration of the attached Custody Conciliation Report, ordered and directed as follo%vs: 1. The Father, Wesley J. Garman and the Mother, Carla J. Garman. shall have shared 1e al custody of Mchennah I. Garman, born April ?3, 1998 and N'larissa P. Garman, torn October 16, 2001. Each party shall have an equal right, to be exercised jointly Nvith the other parent, to make all major non-emergency decisions affect:,,,, the, Children's Leneral well-beinz includinc„ but not limited to. all decisions reuardin<z their heal-,h, education and rellaaion. Pursuant to the terms of 23 Pa'.C.S. §5309. each party shall be entitled to all records and information pertaining to the children including. but no-. limited to medical, dental, religious or school records, and the residence address of tii -- children and the other parent. To the extent one party has possession of any such records or information, that party shall be required to share the same, or copies thereof, with the other party within such reasonable time as to make the records and information of reasonable use to the other party. All parties shall be entitled to full participation in all t l l ?itlOlilll "i1d i-ned'cal treatnnellt pl3nniI1` nleetln Ts and e? aluatlorls v, iti1 re a- to the minor child. E ac'.-, party shall be entitled to full and completc inforrna'Ion fro ? al; dentist, teacher or authority and copies of any reports given tO then. as parties in_ItuJing_ but not limited to: ;medical records. birth certiplcates, school or educational -I,dal,:c eeords or report cards. Additionally, each party shall be entitled to receive "-,'Merl Come from school with reward to school ,?I 'tilreS. ?: l '.LIIc__.,,. I tl:s, C11rC11 ti .?artles. n;'as_cal pl' Sel:tatl ?ns_ ta:i \lothcr shall have 7:ririarv physical custo dv of tl,:e childrel:. Father shall have periods of partial physical custody as ?ollows: A. In the summer: 1. Every Wednesday overnight from 4:30 p.,n. to Thursday at 6:45 a. m. ?. Three consecutive %veekends out of everv four %vee'-ends. Be,-Yinninu Friday, June 15. 2007. three corisccative wee;,: ends from Fridav at 4:30 to 1vlondav mornin at 6:45 a.m. "'vL'ther EXHIBIT A shall then have the fourth weekend and weekends shaI alternate thereafter on a 3/1 schedule. B. During the school year: I - Every Wednesday overnight from 4:30 p.m. to Thursdav at 6:45 a. m. 2. On the off week, alternating Tuesdays overnight from 4:30 P.M. to Wednesday at 6:45 a.m. 3. Alternating weekends from Friday at 4:30 p.m. to Monday at 6:45 a.m. 4. Each party shall have one full week of physical custody in the summer provided they give 30 days prior notice to the other party and are going away on vacation. ` 5. Holidays: a. Thanksgiving shall be shared with Father always having physical custody of the children from 9:00 a.m, to 3:00 p.m. and Mother always having physical custody of the children from 3:00 p.nj. to 9:00 p.m. b. Christmas shall be divided into two Blocks. Block A shall :?e ;=corn 12:00 noon on Christmas Eve to 12:00 noon or, Christmas Da,,. Block B shall be From Christmas Day at 12:00 noon to Dcc.,-mbe:- ?h at 12:00 noon. Father shall have Block A in odd numbered Fears and Bloc. B in even numbered years. -Nlother shall have Block -? in even numbered vears and Block B in odd numbered years. c. Easter- shall be shared such that Mother shall always have physical custody of the children from 9:00 a.m, to 3:00 p.m. and Father shall always have physical custody of the children fi?on. 300 P.M, to C):00 p.m. d- Mother shall always have pl-_ysical custody of the ehi!dren on ;Alother's Dav and Father shall always have physical custod,, o.'the children on Father's Dav,. bot;I at times as ac7reed. The parties shall cooperate in obtaining counselir,;, for `he clradren. FatiZCr steal! be responsi',?le for a':1 tr nsp "ration. Order is eltfr-CI pul-„L ant t an a_rcenicnt ofln L'1` t7dy L?? 1?111ion ?liL l'enCe. Th parties nla? mo, the p1'UV1slOn-> OfIll!s "' Order b, mutaal co.? e.,t. In the absen:e ofmtrtual consent. the .e:-rns of this Order shall control BY THE CQL RT. :k 'vlate% a. "squire, Counsel for Father i ?. .lennir:°r Spears. Esquire, Counsel iorNlu_?:er . / na -1a /' ? eaaeo..%?i,•'M,e°;? ..awa ?:'?,_.P --11 fr?.1 ?.b ^? °.1„?,?:,..f',?.;e a ! ?^- r Probonotary MAY 4 9 200 8 WESLEY J. GARMAN, Plaintiff V. CARLA J. GARMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-2527 IN CUSTODY ORDER OF COURT CIVIL ACTION - LAW AND NO`TE', this / day of 2008, upon consideration of the attached Custody Conciliation eport, it is ordered and directed as follows: 1. The prior Order of Court dated June 18, 2007 shall remain in frill force and effect with the followin- modifications and additions. Paragraph 3A is deleted. The summer schedule shall be identical to the school year schedule listed in the prior Order of Court dated June 18, 2007. Durin?T the summer. However, father shall drop off the children at Mother's home at 6:45 a.m. already dressed and fed. In the event that either parent is in need of a babysitter for more than 3 ]lours. the custodial parent shall contact the non-custodial parent and offer said time to the non-custodial parent. 4. No third party may physically discipline the children. The parents are prohibited from inappropriate physical discipline of the children. The parties shall have liberal telephone contact with the children without interference iirom third parties. 6. The custodial parent shalt insure that the children are transported to their s: hoc?l and Cytl-acLLrTieular activities. Father shall be responsible for all transportation except for the holiday schedule. The parties shall share transportation with the receiving party transporting for the holiday schedule. 8. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Either party may contact the Conciliator within 90 days of this Order of Court to schedule a telephone conference on the babysitting clause issue only. BY THE COURT, J. esley Oler, Jr. J. cc: Kei*h O. Brenneman, Esquire, Counsel for Mother Vicii iel O. Palermo, Jr., Esquire, Counsel for Father I her i, '-' t e z", coult I CERTIFICATE OF SERVICE i I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date, caused a true and correct copy of the foregoing Petition to be served upon the person and in the manner indicated below: FIRST CLASS MAIL, POSTAGE PREPAID ADDRESSED AS FOLLOWS: Eric R. David, Esquire Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 SNELBAKER & BRENNEMAN, P.C. By: 1 Keith O. Brenneman, Esquire 44 W. Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717)697-8528 Attorneys for Defendant Carla J. Garman Yil Date: LAW OFFICES SNELBAKEF & BRENNEMAN. P.C. WESLEY J. GARMAN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA '7 na ? V. M 2007-2527 CIVIL ACTION LAW xrr*I c M 'r?u r r -vm CARLA J. GARMAN -CD _ ? o? = IN CUSTODY C -ri DF,FENDANT C ; 6 C-) ORDER OF COURT AND NOW, Friday, July 15, 2011 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, August 10, 2011 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, t By: /s/ ac ueline M. Verne Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street C 1" 1 P 1 ' 17013 Mat 1?d( ar ?s e, ennsy vama ?/?°/?J?j VIO Telephone (717) 249-3166 fern l? C ?C WESLEY J. GARMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007-2527 CIVIL ACTION - LAW n cam. a -rp CARLA J. GARMAN, : IN CUSTODY MLQ cry -?'-; Defendant '' r*i -V `ter' -u O rrlf CD r ORDER OF COURT ' r r AND NOW, this day of 2011, upon consideration of the attached Custody Conciliati n Report, it is ordered and directed a" follows: 1. Mother hereby withdraws her allegations of contempt. 2. The prior Orders of Court dated June 18, 2007 and May 12, 2008 shall remain in full force and effect with the following modifications and additions. 3. Father's overnights shall be suspended. His weekday periods of partial physical custody shall be from 4:30 p.m. to 8:00 p.m. His weekend periods of partial physical custody shall be from 10:00 a.m. to 8:00 p.m. 4. Father shall participate in anger management/parenting counseling. 5. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Another Conciliation Conference is scheduled for Tuesday, November 15, 2011 at 9:30 a.m. c Keith O. Brenneman, Esquire, Counsel for Mother Eric David, Esquire, Counsel for Father tvi ajjj RV T14 C'(-)T TV T WESLEY J. GARMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007-2527 CIVIL ACTION - LAW CARLA J. GARMAN, : IN CUSTODY Defendant PRIOR JUDGE: J. Wesley Oler, Jr., J CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF McKennah I. Garman April 23, 1998 Mother Marissa P. Garman October 16, 2001 Mother 2. A Conciliation Conference was held in this matter on September 14, 2011 with the following in attendance: The Mother, Carla J. Garman, with her counsel, Keith 0. Brenneman, Esquire, and the Father, Wesley J. Garman, with his counsel, Eric David, Esquire. 3. The Honorable J. Wesley Oler, Jr. previously entered Orders of Court dated June 18, 2007 and May 12, 2008 providing for shared legal custody, Mother having primary physical custody with Father having periods of partial physical custody on alternating weekends, every Wednesday overnight and on the off week Tuesdays overnight. Mother filed a Petition for Contempt and Modification. 4. The parties agreed to an Order in the form as attached. Date a Verney, Esquire Custody Conciliator WESLEY J. GARMAN, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. NO: 07-2527 CIVIL TERM CIVIL ACTION -LAW CARLA J. GARMAN, Defendant. IN DIVORCE PRAECIPE TO THE PROTHONOTARY: Q C" -o N ?r Please withdraw the appearance of th counsel for the Plaintiff, Wesley J. Garman, in the above-captioned action. *W^". Michael O. Palermo, A, Esquire I.D. #93334 155 S. Hanover Street Date: Carlisle, PA 17013 f0.2!• ? ? Please enter the appearance of the undersigned as unsel for the Plaintiff, Wesley J. Garman, in the above-captioned action. V. Richar, agner, Esquire .D.#23103 2233 North Front Street Harrisburg, PA 17110 (717) 234-7051 Attorneys for Plaintiff Date: ? rr- 07 I 1. P. Richard Wagner, Esquire I.D. # 23103 2233 North Front Street Harrisburg, PA 17110 (717) 234-7051 F?A I WESLEY J. GARMAN, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, CIVIL ACTION - LAW V. : NO: 07-2527 IN DIVORCE CARLA J. GARMAN, Defendant. INVENTORY OF Wesley J. Garman, Plaintiff, files the following inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. chard Wagner, Esquire ID #23103 2233 North Front Street Harrisburg, PA 17110 (717) 234-7051 Attorney for Plaintiff Date: j////J/ ASSETS AND LIABILITIES OF PARTIES marks on the list below those items applicable to the case at bar and itemizes the assets and debts on the following pages: (X) I . Real property and Real Estate Mortgages (X) 2. Motor vehicles and Vehicle Liens () 3. Stocks, bonds, securities and options () 4. Certificates of Deposit (X) 5. Checking accounts, cash (X) 6. Savings accounts, money market and savings certificates () 7. Contents of safe deposit boxes O 8. Trusts (X) 9. Life Insurance policies O 10. Annuities (X) 11. Gifts O 12. Inheritances () 13. Patents, copyrights, inventions, royalties (X) 14. Personal property outside the home () 15. Business () 16. Employment termination benefits-severance pay, worker's compensation (X) 17. Profit sharing plans () 18. Pension Plans (indicate employee contribution and date plan vests) () 19. Retirement plans, Individual Retirement Accounts O 20. Disability payments () 21. Litigation claims (matured and unmatured) () 22. MilitaryN.A. benefits () 23. Education benefits (X) 24. Debts due, including loans, mortgages held (X) 25. Household furnishings and personalty (X) 26. Other assets (X) 27. Loans, Credit Cards and other Debts SECTION 1 MARITAL ASSETS AND DEBTS THE FOLLOWING IS A LISTING OF THE MARITAL ASSETS AND DEBTS OF THE PARTIES: INVENTORY #1 REAL ESTATE AND REAL ESTATE MORTGAGES DESCRIPTION OF PROPERTY OR LIABILITY DATE OF VALUE VALUE OF ASSET OR LIABILITY NET VALUE PROPOSED DISTRIBUTION TO HUSBAND PROPOSED DISTRIBUTION TO WIFE ITEM - REAL. ESTATE d1 Value $150,000 1"t Mortgage $67,490 2nd Mortgage $26,600 Net Equity $55,010 Comments: INVENTORY #2 MOTOR VEHICLE AND VEHICLE LIENS DESCRIPTION OF PROPERTY OR LIABILITY DATE OF VALUE VALUE OF ASSET OR LIABILITY NET VALUE PROPOSED DISTRIBUTION TO HUSBAND PROPOSED DISTRIBUTION TO WIFE 1997 Ford F250 4 x 4 Husband & Wife's Vehicle Loan Net Value 1 10-11-11 $2,700.00 Comments: 1997 Chevy Tahoe 4 x 4 (traded for car) Husband' & Wife's Vehicle Loan Net Value $2,300.00 INVENTORY #3 S #4 STOCKS, SECURITIES, INVESTMENTS & CERTIFICATES OF DEPOSIT DESCRIPTION OF PROPERTY OR LIABILITY DATE OF VALUE VALUE OF ASSET OR LIABILITY NET VALUE PROPOSED DISTRIBUTION TO HUSBAND PROPOSED DISTRIBUTION TO WIFE NOW Comments: INVENTORY #5 S #6 CASH, CHECKING ACCOUNTS AND SAVINGS ACCOUNTS DESCRIPTION OF DATE OF VALUE OF NET VALUE PROPOSED PROPOSED PROPERTY OR VALUE ASSET OR DISTRIBUTION DISTRIBUTION LIABILITY LIABILITY TO HUSBAND TO WIFE Swk*WChmklnWJoInt Accounts 05-07-07 $31.95; $393.89; $27.00 Comments: INVENTORY #7 CONTENTS OF SAFETY DEPOSIT BOXES DESCRIPTION OF PROPERTY OR LIABILITY DATE OF VALUE VALUE OF ASSET OR LIABILITY NET VALUE PROPOSED DISTRIBUTION TO HUSBAND PROPOSED DISTRIBUTION TO WIFE NOW Comments: INVENTORY #8 TRUSTS DESCRIPTION OF PROPERTY OR LIABILITY DATE OF VALUE VALUE OF ASSET OR LIABILITY NET VALUE PROPOSED DISTRIBUTION TO HUSBAND PROPOSED DISTRIBUTION TO WIFE NONE Comments: INVENTORY #9 LIFE INSURANCE POLICIES DESCRIPTION OF DATE OF VALUE OF NET VALUE PROPOSED PROPOSED PROPERTY OR VALUE ASSET OR DISTRIBUTION DISTRIBUTION LIABILITY LIABILITY TO HUSBAND TO WIFE Husband and WWs $500,000 H $250,000 W Comments: Wife has documents. INVENTORY #10 ANNUITIES DESCRIPTION OF PROPERTY OR LIABILITY DATE OF VALUE VALUE OF ASSET OR LIABILITY NET VALUE PROPOSED DISTRIBUTION TO HUSBAND PROPOSED DISTRIBUTION TO WIFE NONE -- T Comments: INVENTORY #11 GIFTS (INCREASE IN VALUE ONLY? DESCRIPTION OF PROPERTY OR LIABILITY DATE OF VALUE VALUE OF ASSET OR LIABILITY NET VALUE PROPOSED DISTRIBUTION TO HUSBAND PROPOSED DISTRIBUTION TO WIFE P, m c wo aw Mom.wft in boxes -T - Comments: INVENTORY #12 INHERITANCE (INCREASE IN VALUE ONLY1 DESCRIPTION OF DATE OF VALUE OF NET VALUE PROPOSED PROPOSED PROPERTY OR VALUE ASSET OR DISTRIBUTION DISTRIBUTION LIABILITY LIABILITY TO HUSBAND TO WIFE NONE Comments: INVENTORY #13 PATENTS, COPYRIGHTS, INVENTIONS S ROYALTIES DESCRIPTION OF PROPERTY OR LIABILITY DATE OF VALUE VALUE OF ASSET OR LIABILITY NET VALUE PROPOSED DISTRIBUTION TO HUSBAND PROPOSED DISTRIBUTION TO WIFE NOW Comments: INVENTORY #14 PERSONAL PROPERTY OUTSIDE HOME DESCRIPTION OF PROPERTY OR LIABILITY DATE OF VALUE VALUE OF ASSET OR LIABILITY NET VALUE PROPOSED DISTRIBUTION TO HUSBAND PROPOSED DISTRIBUTION TO WIFE Cvnbi i s $1,500.00 Comments: INVENTORY #15 BUSINESSES DESCRIPTION OF PROPERTY OR LIABILITY DATE OF VALUE VALUE OF ASSET OR LIABILITY NET VALUE PROPOSED DISTRIBUTION TO HUSBAND PROPOSED DISTRIBUTION TO WIFE NONE L Comments: INVENTORY #16 EMPLOYMENT TERMINATION BENEFITS DESCRIPTION OF PROPERTY OR LIABILITY DATE OF VALUE VALUE OF ASSET OR LIABILITY NET VALUE PROPOSED DISTRIBUTION TO HUSBAND PROPOSED DISTRIBUTION TO WIFE NONE Comments: INVENTORY #17 PROFIT SHARING PLANS DESCRIPTION OF PROPERTY OR LIABILITY =AF VALUE OF ASSET OR LIABILITY NET VALUE PROPOSED DISTRIBUTION TO HUSBAND PROPOSED DISTRIBUTION TO WIFE ITEM Comments: INVENTORY #18 & #19 PENSION AND RETIREMENT PLANS DESCRIPTION OF PROPERTY OR LIABILITY DATE OF VALUE VALUE OF ASSET OR LIABILITY NET VALUE 7T PROPOSED DISTRIBUTION TO HUSBAND PROPOSED DISTRIBUTION TO WIFE 401(k) 09-30-11 $65,819.72 Comments: INVENTORY #20 DISABILITY PAYMENTS DESCRIPTION OF PROPERTY OR LIABILITY DATE OF VALUE VALUE OF ASSET OR LIABILITY NET VALUE PROPOSED DISTRIBUTION TO HUSBAND PROPOSED DISTRIBUTION TO WIFE Ncw -- T F Comments: INVENTORY #21 LITIGATION CLAIMS alp ? , ,. INVENTORY #22 MILITARY/VA BENEFITS Comments: INVENTORY #23 EDUCATION BENEFITS Comments: INVENTORY #24 DEBTS DUE PARTIES INCLUDING LOANS AND MORTGAGES HELD INVENTORY #25 HOUSEHOLD GOODS, FURNISHINGS, TOOLS, PERSONAL EFFECTS, ETC. (5) TV's (2) Computers Surround Sound Kitchen Appliances Furniture INVENTORY #26 OTHER ASSETS 2W Haub"* Trasr paid $5,200 $3,500.00 Comments: IM Lair M Conpsr paid $4,000 $2,500.00 Comments: At house. 1998 Jr DragM r paid $3,000 $3,000.00 Comments: 2904 Stet Doo as paid $5,000 52,000.00 Comments: 20033 SW Doo W= 900 paid $1,500 $800.00 Comments: Motor blown, parts sled. INVENTORY #27 LOANS CREDIT CARDS AND OTHER DEBTS Comments: Total of Assets and Liabilities Totals from Above Percentage of Total Totals from Above Amount Due in 50/50 Division Adjustment Figure for 50150 Total from above Amount Due in 45/55 Division Adjustment Figure for 45/55 Totals from above Amount Due in 40/60 Division Adjustment Figure for 40/60 NOTES: 1. The adjustment figures are for illustration purposes only and are not to be deemed a representation on the part of the Plaintiff/Defendant as to whether an adjustment should be made or the amount of the adjustment, if appropriate. SECTION 11. LISTING OF HOUSEHOLD GOODS AND CONTENTS AND OTHER PERSONAL PROPERTY THE FOLLOWING IS A LISTING OF THE HOUSEHOLD GOODS AND CONTENTS AND OTHER PERSONAL PROPERTY OF THE PARTIES: (Note: Exclusion from marital property include property acquired before marriage, property acquired after separation, or property acquired during marriage by way of gift or inheritance from third party not a spouse. For gifts and inheritance also specify the source person). HOUSEHOLD GOODS AND CONTENTS AND OTHER PERSONAL PROPERTY DESCRIPTION OWNER POSSESSOR VALUE BASIS FOR EXCLUSION IF CLAIMED TO BE NON-MARITAL METHOD OF VALUATION AND SUPPORTING DOCUMENTATIO N Sri Both My Mother COMMENTS: Bought to keep personal papers in. Tool Box Husband South Mountain Drag Strip COMMENTS: Won for championship. Living ft0M FWnRms Both Her Mother COMMENTS: Bsgh n oin FIN'S Both Her Mother COMMENTS: I TEN COMMENTS: SECTION 111. NON-MARITAL ASSETS AND DEBTS THE FOLLOWING IS A LISTING OF THE NON-MARITAL ASSETS AND DEBTS OF THE PARTIES: (Note: Exclusion from marital property include property acquired before marriage, property acquired after separation, or property acquired during marriage by way of gift or inheritance from third party not a spouse. For gifts and inheritance also specify the source person). NON-MARITAL PROPERTY AND DEBTS DESCRIPTION OWNER POSSESSOR VALUE BASIS FOR EXCLUSION IF CLAIMED TO BE NON-MARITAL METHOD OF VALUATION AND SUPPORTING DOCUMENTATIO N ITEM COMMENTS: ITEM COMMENTS: ITEM COMMENTS: ITEM COMMENTS: ITEM COMMENTS: SECTION IV. PROPERTY TRANSFERRED The following is a listing of all property which was transferred within 3 years of the date of the commencement of this action or was transferred since the date of separation: M 0 1 DESCRIPTION TRANSFER CONSIDERATION TRANSFEREE COMMENTS OF PROPERTY DATE ITEM COMMENTS: ITEM COMMENTS: ITEM COMMENTS: ITEM COMMENTS: VERIFICATION Plaintiff verifies that the statements made in this inventory are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. WESLEY J. GARMAN, Plaintiff, V. CARLA J. GARMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 07-2527 CIVIL ACTION - LAW IN DIVORCE INCOME AND EXPENSE STATEMENT SUBMITTED BY: Full Name of Plaintiff: Wesley James Garman Age: 41 Present Address: 15 Shea Court Telephone No. (717) 249-7563 Carlisle. PA 17015 Status of Plaintiffs Health (Be Specific) Name and Address of Plaintiffs Employer: Length of Service With This Employer: Allen Distribution 670 Allen Road Carlisle, PA 17015 Gross Earned Income II see attached Gross Unearned Income Total Gross Income Deductions: Federal State Inc. Tax F.I.C.A. Hosp/Med. Ins. XtKtK Dividends Rent Royalties Expense Account Gifts Unemployment Compensation: Current Expenses: Home: Mortgage $888.00 Maintenance Utilities: Electric Gas Oil Telephone $60.00 Water Sewer Employment: Public Transportation Lunch $100.00 Taxes: Real Estate $2,141.00 mono Y Income Insurance Home Owners $48.00 Automobile $75.00 Life $86.00 Accident Health $200.00 Other Automobile: Payment Fuel $250.00 Repairs Medical: Doctor Dentist Orthodontist Hospital Special Needs (Glasses, Braces) Education: Private School Parochial School College Religious Personal: Clothing $20.00 Food $100.00 Monte Y Credit Payments Credit Cards $50.00 Charge Accounts Memberships $5.00 Loans $500.00 Credit Union line of credit 2"d Mortgage $350.00 Miscellaneous Household help Child Care Papers/Books/Magazine s $2.00 Entertainment Pa TV Vacation Gifts Le aI Fees Charitable Contributions Other Child Su ort Alimony Payme TOTAL EXPENSES: $ $ 3,084.00 is VERIFICATION Plaintiff verifies that the statements made in this foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. cro0xw?d hr- 0 0 tij F-I HOHt7? ° ' H'Z, H 5 z 0 1 O zCCzI]`?rHz WLA zo ~z o Lriro H (WA 'A o p H tij I zz x H H OD W N ci i G) OOlJI000 U] C7'00000 N? vl p 00 ON 't' 0 N 0 00 ao I-' `P1A cnOOooo0) : 0 OD OD W Ul NOln0000 HO u?1roC H yA ' N N ~ C N 0 -3 O r w C I CJ] yy 'fj N N .P m 0c) -3 w HH OINNH 00H W NtIt7 1P'Wl01PO1Pd NC1 W O O W O1o O W N Z tX. O:+ J i a, v i l'1?bdt<7ron]'=i ro H 0 O Ct[rJHU)o(A(D H(D H N 0 K P) ?>? C W Lam] ?] rZ? NN N N ~H tnH H ti] C7 (xD ?O %.o 0 m H ro ?c!\ x z x H ?A O xHx ro O m 0 O OD N) 1PN0-)Ln W O 00 oow, ornNwwJOOH \ W ol-'oooOlw?PwJO? Hz N OJOOOOJOOJO W tj p H F N ?P N F' Ol rP ?O dl N N U1 rn 00 W NOIOIh'O W W NJJHH U1 Jwomo uiJkokomtj J lo H*_jOOJUIW JF- ;;- hP mmwooFPU' ooFW r m Go I 0 z OD X 'N (D WESLEY J. GARMAN, Plaintiff V. CARLA J. GARMAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2007-2527 : IN CUSTODY ORDER OF COURT Cl rv CIVIL ACTION - ICAW= a Ss C1 a -I AND NOW, this day ofa?--- , 2011, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room No. , of the Cumberland County Court House, on the -? I W day of , 2012 , at ? : y S! o'clock, A. M., at which time testimony will be taken. r purposes of this Hearing, the Mother shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least five days prior to the Hearing date. 2. The Orders of Court of the Honorable J. Wesley Oler, Jr. dated June 18, 2007, May 12, 2008 and September 18, 2011 shall remain in full force and effect. 3. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, J. Keith O. Brenneman, Esquire, counsel for Mother P. Richard Wagner, Esquire, Counsel for Father M II 11 ?? ?M -+ca CD --n 3> ?i 5 WESLEY J. GARMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007-2527 CIVIL ACTION - LAW CARLA J. GARMAN, : IN CUSTODY Defendant PRIOR JUDGE: J. Wesley Oler, Jr., J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF McKennah I. Garman April 23, 1998 Mother Marissa P. Garman October 16, 2001 Mother 2. A Conciliation Conference was held in this matter on November 15, 2011 with the following in attendance: The Mother, Carla J. Garman, with her counsel, Keith 0. Brenneman, Esquire, and the Father, Wesley J. Garman, with his counsel, P. Richard Wagner, Esquire. 3. The Honorable J. Wesley Oler, Jr. previously entered Orders of Court dated June 18, 2007, May 12, 2008 and September 18, 2011 providing most recently for shared legal custody, Mother having primary physical custody and Father having his overnight periods suspended as a result of Mother's Petition for Modification. 4. Mother's position on custody is as follows: Mother seeks shared legal custody and primary physical custody with Father having periods of partial physical custody, but not overnights. Mother alleges an incident where Father slapped the older child and various other incidents where Father and his parents with whom he resides have called her derogatory names. Mother indicates that the children do not want to visit with Father due to his behaviors. Mother suggested therapeutic family counseling but cannot afford the cost thereof. Mother asks the Court to appoint a Guardian ad litem for the children. 5. Father's position on custody is as follows: Father seeks shared legal custody, with Mother having primary physical custody and Father having alternating weekends Friday to Monday, every Wednesday overnight and Tuesday overnight on the off week. He suggests that the children may be telling Mother what they perceive Mother wants to hear. He denies any derogatory comments to the children. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and maintaining the status quo as indicated in the Order of Court dated September 18, 2011. It is expected that the Hearing will require one-half day. A L1.,a1L? Date ac eline M. Verney, Esquire Custody Conciliator 0 Cl") co .---+ c? 0 N WESLEY J. GARMAN, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. CARLA J. GARMAN, DEFENDANT 07-2527 CIVIL TERM ORDER OF COURT AND NOW, this 21St day of February, 2012, the hearing scheduled for this date is continued to Thursday, April 26, 2012 at 1:30 p.m., to enable the parties to commence family therapeutic counseling with Alternative Behavior Consultants (ABC). The parties shall contact ABC within 3 days of this order to schedule initial sessions. By the Court, Albert H. Masland, J. P. Richard Wagner, Esquire W For Plaintiff Keith O. Brenneman, Esquire For Defendant :saa n c ra E: MW ? rn rn Z= M co t- -um = cnr- N .... ?' r-Z <? ?° Xq x• C )m WESLEY J. GARMAN, PLAINTIFF V. CARLA J. GARMAN, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 07-2527 CIVIL TERM ORDER OF COURT AND NOW, this day of April, 2012, upon request of counsel for Defendant, unopposed by counsel for Plaintiff, the hearing scheduled for April 26, 2012, is cancelled and rescheduled to commence at 1:00 p.m., Thursday, June 14, 2012, in Courtroom Number 1, Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, Albert H. Masland, J. ? P. Richard Wagner, Esquire For Plaintiff Esquire Brenneman Keith O cr) M -V !^ . _ , . For Defendant :saa , is rka . %d f 9l/:? ' - WESLEY J. GARMAN, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. CARLA J. GARMAN, ; DEFENDANT 07-2527 CIVIL TERM ORDER OF COURT AND NOW, this day of June, 2012, upon agreement of counsel, the hearing scheduled for June 14, 2012, is cancelled and rescheduled to commence at 1:00 p.m., Monday, September 10, 2012, in Courtroom Number 1, Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, Albert H. Masland, J. ? P. Richard Wagner, Esquire For Plaintiff ? Keith O. Brenneman, Esquire For Defendant :saa L?Dp;es m4 led , cn WESLEY J. GARMAN, IN THE COURT OF COMMON PLEAS Plaintiff COUNTY, PENNSYLVANIA v. NO. 2007-2527 CARLA J. GARMAN, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on May 2, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: W4jWESLEAN, Plaintiff WESLEY J. GARMAN, IN THE COURT OF COMMON PLEAS Plaintiff COUNTY, PENNSYLVANIA v. NO. 2007-2527 CARLA J. GARMAN, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) AND § 3301(d) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division ofproperty, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: 4/144'6/(/°/47/ A G7 f`J GA.) WESLEY J. GARMAN, IN THE COURT OF COMMON PLEAS Plaintiff COUNTY, PENNSYLVANIA v. NO. 2007-2527 CARLA J. GARMAN, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on May 2, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: c CARLA J. GARMAN, Defendant WESLEY J. GARMAN, IN THE COURT OF COMMON PLEAS Plaintiff COUNTY, PENNSYLVANIA v. NO. 2007-2527 CARLA J. GARMAN, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) AND § 3301(d) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: // d20/54 J - 6-aAn-, CARLA J. GARMAN, Defendant WESLEY J. GARMAN, Plaintiff vs. CARLA J. GARMAN, Defendant . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07 - 2527 CIVIL . IN DIVORCE ORDER OF COURT AND NOW, this p2 61 day of 2014, the economic claims raised in the proceedings having been resolved in accordance with a marital settlement agreement dated August 11, 2014, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. CC: Hubert X. Attorney ✓ Keith O. Attorney Gilroy for Plaintiff Brenneman for Defendant BY THE COURT, 4 L in A. Hess, ess, P.J. C 71 F: FILESTlients\15752 Gorman \15752.I.NlaritalSettlementAgreement.wpd Hubert X. Gilroy, Esquire I.D. 29943 MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (717) 243-3341 THE PROTHONOTARY 2V1 AUG 29 11 CUMBERLAND COUNTY PENNSYLVANIA WESLEY J. GARMAN, Plaintiff : IN THE COURT OF COMMON PLEAS : COUNTY, PENNSYLVANIA v. : NO. 2007-2527 CARLA J. GARMAN, Defendant ; IN DIVORCE MARITAL SETTLEMENT AGREEMENT THIS MARITAL SETTLEMENT AGREEMENT, made this if day of August, 2014, by and between Wesley J. Garman, of Carlisle, Cumberland County, Pennsylvania (hereinafter referred to as "Husband") and Carla J. Garman, of Carlisle, Cumberland County, Pennsylvania (hereinafter referred to as "Wife"): WITNESSETH: WHEREAS, the parties were married on November 9, 1996, in Pennsylvania; WHEREAS, two children have been born of the marriage of the parties; WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them in relation to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; and in general, the settling of any and all claims and possible claims by either party against the estate of the other party. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby covenant and agree as follows: 1. INTERFERENCE: Each party shall be free from interference, authority, and contact by the other, as fully as though he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 2. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not affect or bar the right of Husband or Wife to a divorce on lawful grounds or to any defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences. 3. SUBSEQUENT DIVORCE: The parties hereby acknowledge that Husband filed a Complaint in Divorce in Cumberland County, Pennsylvania at the above captioned docket, claiming that the marriage is irretrievably broken under Section 3301(c) of the Pennsylvania Divorce Code. The parties hereby express their agreement that the marriage is irretrievably broken and express their intent to execute any and all Affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code. The parties hereby waive all rights to request court ordered counseling under the Divorce Code. It is further specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property of the parties are accepted by each party as a full and final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. Should a decree, judgment or order of divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties shall remarry. It is the specific intent of the parties to pei mit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 2 4. INCORPORATION OF DIVORCE DECREE: It is further agreed, covenanted and stipulated that this Agreement, or the essential parts hereof, shall be incorporated in any decree hereinafter entered by any court of competent jurisdiction in any divorce proceedings that have been or may be instituted by the parties for the purpose of enforcing the contractual obligations of the parties. This agreement shall not be merged in any such decree but shall in all respects survive the same and be forever binding and conclusive upon the parties. 5. EFFECTIVE DATE: The effective date of this Agreement shall be the "date of execution" or "execution date," defined as the date upon which it is executed by the parties if they have each executed this Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 6. DISTRIBUTION DATE: The transfer of property, funds and/or documents provided for herein, shall only take place on the "distribution" date which shall be defined as the date of execution of this Agreement unless otherwise specified herein. However, the support and/or alimony payments, if any, provided for in this Agreement shall take effect as set forth in this Agreement. 7. MUTUAL RELEASE: Husband and Wife each do hereby mutually remise, release, quit-claim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situated, which he or she now has or at any time hereafter may have against the other, the estate of such other or any part hereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or courtesy, or claims in the nature of dower or courtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as a testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any country or any rights which either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, division of property, costs or 3 expenses, whether arising as a result of the marital relations or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. It is the intention of Husband and Wife to give each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 8. REPRESENTATION BY COUNSEL: The provisions of this Agreement and their legal effect has been fully explained to the parties by their respective counsel, Hubert X. Gilroy, Esquire, counsel for Husband and Keith O. Brenneman, Esquire, counsel for Wife. The parties acknowledge that each has received independent legal advice from counsel of his or her own selection, that each has fully disclosed his or her respective financial situations to the other, including his or her property, estate, assets, liabilities, income and expenses, that each is familiar with and fully understands the facts, including the property, estate, assets, earnings and income of the other, and that each has been fully informed as to his or her legal rights and obligations. Each of the parties acknowledges and agrees that, after having received such advice and with such knowledge, this agreement is, in the circumstances, fair, reasonable and equitable, that it is being entered into freely, voluntarily, and in good faith and that the execution of this agreement is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal agreement. The parties further acknowledge that they have each made to the other a full and complete disclosure of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purposes of this agreement. 9. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this 4 Agreement. Each party agrees to indemnify and hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 10. WARRANTY AS TO FUTURE OBLIGATIONS: Husband and Wife covenant, warrant, represent and agree that, with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold harmless the other party from and against any and all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 11. PERSONAL PROPERTY: Except as otherwise provided herein, the parties have divided between them, to their mutual satisfaction, the personal effects, household furniture and furnishings, and all other articles of personal property which have heretofore been used by them in common, and neither party will make any claim to any such items which are now in the possession or under the control of the other. By these presents, each of the parties hereby specifically waives, releases, renounces and forever abandons whatever claims he or she may have with respect to any personal property which is in the possession of the other, and which shall become the sole and separate property of the other from the date of execution hereof. The parties agree that the attached list of personal property, minus the camper, shall be the sole property of Husband. Remaining personal property in the home, including the camper, shall be the sole property of Wife. 12. DIVISION OF REAL PROPERTY: The parties jointly own real estate located at 1038 Alexander Spring Road Carlisle, Pennsylvania (the "Real Estate"). Wife agrees to execute a deed conveying her interest in the real estate to Husband. Husband agrees to achieve a refinancing of the existing mortgage and line of credit on the Real Estate such that Wife's name is removed from said mortgage and line of credit such that Husband shall pay to Wife from monies available to Husband, the sum of $30,000.00. $20,000.00 of the $30,000.00 payment shall be paid Wife at time Husband concludes the refinancing, and the remaining $10,000.00 shall be held in the escrow account of Martson Law Offices and paid to Wife as set forth below. 5 Wife agrees to vacate the Real Estate on or before the 31' day of October, 2014. Upon such time as Wife vacates the Real Estate, counsel for Husband shall pay the additional $10,000.00 held in the escrow account referenced above to Wife's attorney on behalf of Wife. 13. SUPPORT: During the parties separation, Husband has been paying the mortgage payments on the Real Estate in lieu of paying child support or spousal support. Husband agrees to continue making the mortgage payment until the date that the refinancing as contemplated in paragraph 12 above is finalized. Upon such time as the refinancing is finalized and Wife vacates the real estate, Wife may file with the Cumberland County Domestic Relations Office a support against Husband for the support of the parties two minor children, McKennah I. Garman, born April 23, 1998, and Marissa P. Garman, born October 16, 2001. The parties agree that child support for the two minor children shall be calculated as per normal guidelines and procedures through the Cumberland County Domestic Relations Office. The support amount shall be subject to modification in accordance with applicable Pennsylvania Law. Upon the minor child McKennah I. Garman turning eighteen years of age or graduating from Hugh School, whichever should be later, any support obligation Husband has with respect said minor child McKennah 1. Garman shall terminate. At said time and assuming Wife still maintains primary physical custody of Marissa P. Garman, born October 16, 2001, Husband agrees to continue to pay child support for the minor child Marissa P. Garman in accordance appropriate guidelines of Cumberland County Domestic Relations Office and applicable Pennsylvania Law. Additionally, at such time as Husband's obligation for the minor child McKennah has terminated as a result of her reaching the age of eighteen years or graduating from high school, whichever date would be later, Husband shall begin to make monthly payments of alimony to Wife in the amount of $400.00 per month. Said alimony shall be fixed at said $400.00 per month for a period of five years from the date of commencement as set forth herein. Said alimony shall terminate upon the death of Husband, or the death of Wife, but is otherwise non -modifiable. 14. BANK ACCOUNTS, CERTIFICATES OF DEPOSIT AND LIFE INSURANCE: Husband and Wife acknowledge that all joint bank accounts have been closed and divided to their mutual satisfaction. They hereby agree that each shall become sole owner of their individual bank 6 accounts, certificates of deposit and life insurance policies, and they each hereby waive any interest in, or claim to, any funds held by the other in any bank accounts, certificates of deposit and the cash value of the other's life insurance policies. 15. MOTOR VEHICLES: Husband and Wife agree that each will retain the vehicle in their possession as their own property and shall indemnify the other as to any liabilities, maintenance and insurance payments regarding their respective vehicles. The parties agree to execute any necessary documents to transfer title to their respective vehicles. 16. AFTER-ACQUIRED PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes as though he or she were unmarried. 17. INCOME TAX: Husband and Wife agree to file separate tax returns for the tax year 2014. For any tax returns filed jointly in the past, both parties agree that in the event any deficiency in Federal, State or Local Income Tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 18. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS: The parties hereby agree: and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act"), specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfer and subject to the carry-over basis provisions of said Act. 7 19. PENSIONS / RETIREMENT/ INVESTMENT ACCOUNTS: Husband has a 401K account through his employment at Allen Distribution. As ofJune 30, 2014, the account had a balance of $109, 611.00 and the parties agree that 40% of the pension account is marital property. Husband agrees to transfer 55% f the marital portion of the said 401k account to Wife, and said transfer shall be accomplished by virtue of a transfer of $25,320.00, plus any interest accruing thereon in said account from July 1, 2014, until date of transfer, to Wife pursuant to a Qualified Domestic Relations Order (QDRO). Said QDRO shall be prepared by Husband's counsel and, after review and approval by Wife's counsel, shall be filed with the Court in order to accomplish the transfer of said pension. Except as set forth above, each party hereby waives any other claims they may have with respect to any pension or retirement accounts of the other party. 20. MARITAL DEBT: Except as set forth below, all marital debt has been paid off or divided to mutual satisfaction. Each party shall indemnify, defend, and hold the other harmless from and against any claims, demands suits, actions or liabilities relating to or arising out of any debt in that party's name. Wife shall pay off the Sears Mastercard and Capitol One credit card debts, and Wife shall indemnify and hold Husband harmless with respect to said debts. 21. HEALTH INSURANCE: Each party is responsible for their own health insurance and uninsured medical expenses. 22. EFFECT OF DIVORCE DECREE: The parties agree that, except as otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 23. BREACH: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 24. WAIVER OF CLAIMS: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she shall now have or hereafter acquire, under the present and future laws of any 8 jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and the right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of such interests, rights and claims. 25. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 26. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding on and shall inure to the benefits of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 27. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 28. VOID CLAUSES: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 29. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be separate and independent Agreement. 30. FINANCIAL DISCLOSURE: The parties confirm that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. 31. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent defaults of the same or similar nature. 9 32. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no affect whatsoever in determining the rights or obligations of the parties. 33. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 and any amendments thereto. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and year first above written. WESLEY . ARMAN CAA,yy-lan CARLA J. GARMAN COMMONWEALTH OF PENNSYLVANIA : : SS COUNTY OF (SEAL) (SEAL) On this, 1/ day of L- , 2014, before me a Notary Public, personally appeared Wesley J. Garman, know to me to be thep erson whose name is subscribed to the within Marital Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my d and of cial seal. COMMONWEALTHriOI SePENNSYLVANIA NotaShelly Taylor, Notary Public Carlisle Boro, Cumberland County Fly Commission Expires Aug. 5, 2017 11.cC, f isyLVANIA Assoaaflou of NamCOMM RWEALTH OF PENNSYLVANIA : SS COUNTY OF 1r otary P On this, the '1 day of 1 i r , 2014, before me, a Notary Public, personally appeared Carla J. Garman, knew o me to be the person whose name is subscribed to the within Marital Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set COMMONWEALTH OF PENNSYLVANIA Notarial Seal Shelly Taylor, Notary Public Carlisle 8oro, Cumberland County my Commission Expires Aug. 5, 2017 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES y hand ad official seal. Notary 10 F:\FILES\Clients\15752 Garman\ 15752.1.PraecipeToTransmit.wpd Created: 6/1/06 8:50AM Revised: 8/8/14 4:59PM Hubert X. Gilroy, Esquire I.D. 29943 MARTSON DEARDORFF WILLIAMS MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff pOTHOHO^ iTEai V t4 SEP --3 Mill: 113 CUMBERLAND LCO OTTO GILROY & FALLER PE WESLEY J. GARMAN, Plaintiff v. CARLA J. GARMAN, Defendant : IN THE COURT OF COMMON PLEAS : COUNTY, PENNSYLVANIA : NO. 2007-2527 : IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) or 3301 (d)(1) of the Divorce Code. 2. Date and manner of service of the complaint: via certified mail restricted delivery. Affidavit of Service filed with the Court May 31, 2007. 3. (Complete either paragraph (a) or (b). (a) Date of execution of the Plaintiff s affidavit of consent required by Section 3301 (c) of the Divorce Code; August 11 , 2014; by the Defendant; August ) I , 2014. (b)(i) Date of execution of the Plaintiffs affidavit required by § 3301(d) of the Divorce code: (b)(ii) Date of filing and service of the Plaintiff's affidavit upon the respondent: 4. Related claims pending: NONE. il 5. Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached, if the decree is to be entered under Section 3301(d)(1)(i) of the Divorce Code: (Complete either (a) or (b).) (a) Date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, a copy of which is attached: (b) Date Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: August 1 1 , 2014. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: August I1 , 2014. Date: August MARTSON LAW •FFICES By Hubert X. Gilro Esquire Ten East High treet Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA WESLEY J. GARMAN • V. • CARLA J. GARMAN : NO. 2007-2527 DIVORCE DECREE AND NOW, a / d, (4 , it is ordered and decreed that WESLEY J. GARMAN , plaintiff, and CARLA J. GARMAN , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") Marital Settlement Agreement dated August 11, 2014,is incorporated into this Order. By the Court, 00007 Attest: J. /. - _ Prothonotary cera Coir 1 rnai t a+k ei Irby Notice 4- ep91 mai led -4o a j Brenneman • led '1/"! F:\FILES\Clients\15752 Garman\15752.1.gdro2 10.28.2014.wpd Hubert X. Gilroy, Esquire Katie J. Maxwell, Esquire I.D. Nos 29943 and 206018 MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (717) 243-3341 WESLEY J. GARMAN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. CARLA J. GARMAN, Defendant and : NO. 2007-2527 : IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER WHEREAS, this Court has jurisdiction over the parties and the subject matter of this Order; WHEREAS, the parties and the Court intend that this Order shall be a Qualified Domestic Relations Order (hereinafter referred to as a "QDRO") as defined in Section 206(d)(3) of the Employee Retirement Income Security Act of 1974, as amended ("ERISA") and Section 414(p) of the Internal Revenue Code of 1986, as amended; and, WHEREAS, pursuant to the referenced statutes, the Plan Administrator shall make a determination of the qualified status of this Order; and WHEREAS, following approval by the Plan Administrator, this Order shall constitute a Qualified Domestic Relations order; and WHEREAS, the parties have stipulated that this Court enter this Order. NOW, THEREFORE, pursuant to this Commonwealth's Domestic Relations Laws, IT IS HEREBY ORDERED BY THE COURT as follows: 1. As used in this Order, the following terms shall apply: (a) "Participant" shall mean Wesley Garman, whose current address is 15 Shea Court, Carlisle, PA 17015; (b) "Alternate Payee" shall mean Carla Garman, whose address as of November 1, 2014, is 120 East Penn Street, Carlisle, PA 17013; (c) "Plan" shall mean Allen Distribution 401(K) and Profit Sharing Plan. 1 2. The Order relates to marital property rights. 3. The date of marriage was November 9, 1996. 4. The date of legal separation is May 7, 2007. 5. The Alternate Payee is the former spouse of the Participant. 6. With respect to marital property, alimony and spousal awards, Participant and the Alternate Payee were married for federal tax income purposes. 7. The "Valuation Date" shall be July 1, 2014. 8. The Alternate Payee's interest in the Plan shall be $25,320.00 of the Participant's total vested account balance under the Plan as of the Valuation Date. 9. The Alternate Payee's award is entitled to earnings (dividends, interest, gains and losses) from the Valuation Date to the date that the award is segregated from the Participant's account. From and after the date of segregation, the Alternate Payee's award shall be held in an account under the Plan and shall be entitled to all earnings attributable to the investments therein. 10. In the event there is an outstanding loan balance as of the Valuation Date, the loan balance will not be included for purposes of calculating the account balance to be divided. 11. The Alternate Payee's award will be paid proportionately from all standard plan investment options in which the Participant's account is invested as of the date of account segregation. 12. The Alternate Payee's interest in the Plan shall be transferred into a qualified account in the Alternate Payee's name. The Alternate Payee shall initiate the distribution in accordance with the terms of the Plan and the administrative procedures that have been established by the Plan Administrator. The amount distributed to the Alternate Payee will be based on the value of the Alternate Payee's account on the date the distribution is processed. 13. The Alternate Payee will have the right to designate a beneficiary. In the event that the Alternate Payee dies without designating a beneficiary, or if the beneficiary predeceases the Alternate Payee, the Alternate Payee's award will be distributed pursuant to the administrative procedures established for the Plan. However, all beneficiary designations must be made after qualification of the Order and segregation of a separate account for the Alternate Payee pursuant to 2 14. Neither Party shall accept any benefits from the Plan which are the property of the other Party. In the event that the Plan Administrator inadvertently pays to the Participant any benefits that are assigned to the Alternate Payee pursuant to the terms of this Order, the Participant shall forthwith return such benefits to the Plan. In the event that the Plan Administrator inadvertently pays to the Alternate Payee any benefits that are not assigned to the Alternate Payee pursuant to the terms of this Order, the Alternate Payee shall forthwith return such benefits to the Plan. 15. This Court shall retain jurisdiction of this matter for purposes of amending, modifying or enforcing this Order or any subsequent amendment thereto. DATE: ///3/(/ Hubert X. Gilro „ Esquire Attorney for -esley Garman, Participant DATE: f f 117�(y Keith O. Brenneman, Esquire Attorney for Carla Garman, Alternate Payee DATE: Wesley J. Garmn, rticipant aAiaLZ Carla 4. Garman, Alternate Payee J. !Alice,/ ,/ � i Arta%. ee`, ,G,S iit4/1 /2_6/ c../ 3 je//G '. C7 �r" T rrtiGJ = 2j Q, 0 m (A r-- N c