Loading...
HomeMy WebLinkAbout03-4018Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 ARTHUR J. GREENE, Plaintiff DIANE E. GREENE, Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : 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 anfiulment may be entered against you by the Court. A judgment may also 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 and visitation of your children. When the grounds for a divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Domestic Relations Office at the County Courthouse. 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 BAR ASSOCIATION 2 LIBERTY AVENUE Carlisle, Pennsylvania 17013 (717) 249-3166 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 ARTHUR J. GREENE, Plaintiff DIANE E. GREENE, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . No.l : CIVIL ACTION - LAW : IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is Arthur J. Greene, an adult individual residing at 5237 Terrace Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant is Diane E. Greene, an adult individual residing at 5237 Terrace Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Both Plaintiffand Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months prior to filing this complaint. 4. The Plaintiff and Defendant were married on September 17, 1977 at Camp Hill, Cumberland County, Pennsylvania. 5. There are two (2) children bom of this marriage: Renee Joell Greene, bom August 8, 1981; and Hillary Diane Greene, born October 22, 1984. The children are not minors. 6. The parties separated in November, 1998. 7. The Defendant previously filed for divorce on January 22, 1996 under Cumberland County Docket No. 1996-293. The action was subsequently purged. 8. Neither Plaintiffnor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 9. Plaintiffhas been advised that counseling is available and that Plaintiffhas the right to request that the court require the parties to participate in counseling. 10. COUNT I - DIVORCE NO FAULT The averments in paragraphs 1 through 9, inclusive, of Plaintiffs Complaint are incorporated herein by reference thereto. 11. The marriage is irretrievably broken and no possibility of reconciliation exists. WHEREFORE, Plaintiffrequests entry of a divorce decree in his favor in accordance with § 3301 of the Pennsylvania Divorce Code. 2 COUNT II EOUITABLE DISTRIBUTION 12. The averments in paragraphs 1 through 11 of Plaintiff's Complaint are incorporated herein by reference thereto. 13. The Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff requests this Court to equitably divide said property in accordance with Section 401 (d) of the Pennsylvania Divorce Code. WHEREFORE, Plaintiff, Arthur J. Greene, prays this Honorable Court to enter judgment: A. Awarding Plaintiff a decree in divorce; B. Equitably distributing the marital property; and C. Awarding other relief as the Court deems~ Dated: July 28, 2003 ~9 Barbara Sumple-Sullivan, Esquire Attorney for Plaintiff, 549 Bridge Street New Cumberland, PA 17070-193 l (717) 774-1445 Supreme Court I.D. No. 32317 3 Barbara Sumple-Sulhvan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland. PA 17070 (717) 774-1445 ARTHUR J. GREENE, Plaintiff DIANE E. GREENE, Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT REGARDING COUNSELING 1. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 2. I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 3. Being so advised, I do not require that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A Section 4904 relating to unsworn falsification to authorities. ~ Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 ARTHUR J. GREENE, Plaintiff DIANE E. GREENE, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. : CIVIL ACTION - LAW : IN DIVORCE VERIFICATION I, ARTHUR J. GREENE, hereby certify that the facts set forth in the foregoing COMPLAINT 1N DIVORCE are true and correct to the best of my knowledge, information and belie£ I understand that any false statemems made herein are subject to penalties of 18 Pa. CS.A. Section 4904 relating to unswom falsification to authorities. Dated: '~/~ ~/~ R~)UR~G ARTHUR J. GREENE, Plaintiff DIANE E. GREENE, Defendant · IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO: 2003- 04018 CIVIL ACTION - LAW : IN DIVORCE 'NOTICE TO D_BFENDANT If you wish to deny any of the statements set forth in this Affidavit, you must file a Counter- affidavit within TWENTY (20) DAYS after this affidavit has been served on you or the statements will be admitted. , PI~INTIFI~S AFFIDAVIT UNDER SECTION 3301 (D) OF THE DIVORCE CODE. 1. The parties to this action separated on or about November 19, 1998, and have continued to live separate and apart for a period of at least two (2) years. 2. The marriage is irretrievably broken. 3. I understand that I may lose fights concerning spousal support, alimony, division of marital property, attorneys' fees or expenses ifI do not claim them before a divorce is granted. I VERIlq( THAT THE STATEMENTS MADE IN TFIE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION, AND BELIEF. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA. C.S.A. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATED: ~ fl ,2003 / ARTHUR J. GREENE, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA DIANE E. GREENE, Defendant : NO: 2003- 04018 CIVIL ACTION - LAW : IN DIVORCE COUNTER-AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE. 1. Check either (a) or (b): _ (a) I do not oppose the entry of a divorce decree. _ (b) I oppose the entry of a divorce decree because (Check (I) (ii) or both): _ (I) The parties to this action have not lived separate and apart for a period of at least two years. _ (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): _ (a) I do not wish to make any claims for economic relie£ 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. _ (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file ail of my economic claims with the prothonotary in writing and serve them on the other party. IfI fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further notice to me, and I shall be unable thereal~er to file any economic claims. I verify that the statements made in this counter-affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Dated: Diane E. Greene, Defendant NOTICE: If you do not wish to oppose the entry of a divorce decree and you do not wish to make any claim for economic relief, you should not file this counter-affidavit. Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 ~ 774-1445 ARTHUR J. GREENE, Plaintiff V. DIANE E. GREENE, Defendant · IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-4018 · CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that I served a copy of the Complaint in Divorce in the above-captioned matter by United States Mail, Restricted Delivery, Certified No. 7000 0600 0028 3892 4209, Return Receipt Requested, on the above-named Defendant, Diane E. Greene, on August 23, 2003 at Defendant's last known address: 5237 Terrace Road, Mechanicsburg, PA 17055. The original receipt and return receipt card are attached hereto as Exhibit "A". Dated: August 26, 2003 I hereby certify that the facts set forth above are true and correct to the best of my knowledge, information and belie£ I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717)-774-1445 Supreme Court ID #32317 Attorney for Plaintiff ECH~HICSSURG PA 17055 Postage Certified Fee Return Receipt (Endorsement Required) Restricted Delivery Fee IEndorsernent Required) TOtal Post~ge & Fees 0070 O4 · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse mo that we can return the card to you. · Attach this card to the back of the mailpiece, o~ on the front if space permits, 1. A~tlcle Addressed to: A. Received by (Pleeae P/fnt ~ B. Date of Delh/my yaddress item 17 [] Yes If YES, enter delivery address below: [] No 3. Service Type RESTRll .c ,.ed Ma,,, [] [] Registered I Return Receipt for MerchIl¢#me [] insured Mail i-'l C.O.D. D£LIVER¥ 4. Iq~3~l r~ -~¢? ~.,~,a F~) A~tic[eNumber(Oopyfromse~icelabel) q~ ~ ~00 ~'~ 3 %C~'~ 3811, July 1~9 I~,,,~allc Return Recet~t 10~-0~ EXI-IIBIT "A" Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 ARTHUR J. GREENE, : 1N THE COURT OF COMMON PLEAS Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-4018 DIANE E. GREENE, Defendant : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that I served a copy of the Notice to Defendant and Plaintiff's Affidavit Under Section 3301(D) of the Divorce Code with attached Counter-Affidavit under Section 3301{D) of the Divorce Code in the above- captioned matter by United States Mail, Restricted Delivery, Certified No. 7000 0600 0028 3892 3943, Return Receipt Requested, on the above-named Defendant, Diane E. Greene, on August 23, 2003 at Defendant's last known address: 5237 Terrace Road, Mechanicsburg, PA 17055. The original receipt and return receipt card are attached hereto as Exhibit "A". I hereby certify that the facts set forth above are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Dated: August26,2003 ~~~ Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717)-774-1445 Supreme Court ID #32317 Attorney for Plaintiff · Comp~ I~eme 1, 2, and 3. Also complete ~ 4 if Restricted Delivery is desired. · Print your name and address on the reverse an that wecan return the card to you... ·Attesh this ~ to the bask of the maflp~ece, ~' on the front if space permits. -- Received by (P/eaea print clearty) Date of DOfNee/ If YES, enter delivery address below: r~ No ~ ~ t ~ In~ Mail ~ C.O.D. / EXHIBIT "A" ARTHUR J. GREENE, Plaintiff DIANE E. GREENE, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA : : NO: 2003-4018 : CIVIL ACTION - LAW : DIVORCE ENTRY OF APPEARANCE Please enter the appearance of the undersigned as counsel, for defendant, Diane E. Greene, in the above-capfionedmatter. Respectfully submitted, ABOM & KUTI~LAKIS, LLP Attor~y I.D. 77961 36 South Hanover Street Carlisle, PA 17013 Attorney for Defendant CERTIFICATE OF SERVICE AND NOW, this /t~ day of October 2003, I, John A. Abom, Esquire, o£ Abom& Kutulakis, L.L.P., hereby certify that I did serve a true and correct copy of the foregoing COUNTER AFFIDAVIT upon the £ollowing: Via First-Class Mail Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 Attorney for Plaintiff ABOM & KUTULAKIS, L.L.P. John A. A~m,// ~-_ 36 Sou, jl4q-tano ~er Street, Carlisle, PA 17013 Attorney for De~endant ARTHUR J. GREENE, Plaintiff DIANE E. GREENE, Defendant : IN THE COURT OF COMMON PI.EAS : CUMBERLAND COUNTY, : PENNSYLVANIA : : NO: 2003-4018 : CIVIL ACTION - lAW : IN DIVORCE COUNTER-AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE AND NOW, comes the defendant, Diane E. Greene, by and through ABOM & KUTULAKIS, L.L.P. and files this Counter-Affidavit as follows: 1. The Defendant opposes the entry of a divorce decree because: a. The Defendant wishes to claim econorrdc relief, which may include alimony, division of property, lawyer's fees or expenses or other important rights. 2. The Defendant understands that she must file her economic claims with the Prothonotary in writing and serve them on the other party. If the Defendant fails to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further notice to Defendant, and shall be unable thereafter to file any economic claims. WHEREFORE, based upon the Defendant s fili: g of this Affidavit and the fding of the Defendant's Claims for Economic Relief, the Defendant respectfully requests that the Plaintiff be precluded from obtaining a divorce decree. Respectft/lly Submitted, ABOM &r KUTULAI~S, L.LP. 5~tt. I.~;7961 ' e . 36 Sou~ Hanover S~eet Car~sle, PA 17013 A~om~ ~r D~ndant VERIFICATION 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. 84904 relating to unsworn falsification to authorities. Date: / ~Y///¢~/) ~ ~,~ Diane E. Greene, Defendant CERTIFICATE OF SERVICE AND NOW, this [6 ~day of October 2003, ], John A. Aborn, Esquire, of Aborn & Kumlakis, L.L.P., hereby certify that I did serve a true and correct copy of the foregoing COUNTER AFFIDAVIT upon the following: Via First-Class Mail Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 .41torn~ for Plain/iff ABOM & KUTULAKIS, L.L.P. 36 Soffth Hanover Street, Carlisle, PA 170l 3 ~4ttorne_y for Defendant ARTHUR J. GREENE, Plaintiff DIANE E. GREENE, Defendant : IN THE COURT OF COMMON PI.F~AS : CUMBERLAND COUNTY, : PENNSYLVANIA : : NO: 2003-4018 : CIVIL ACTION - I.AW : IN DIVORCE DEFENDANT'S CLAIMS FOR ECONOMIC RELIEF AND NOW, comes the defendant, Diane E. Greene, by and through ABOM & KUTULAKIS, L.L.P. and files these Claims for Economic Relief as follows: CLIAM I - EQUITAB!.F. DIVISION OF MARITAL PROPERTY 1. Plaintiff and Defendant have acquired properr7, both real and personal, during their marriage from September 17, 1977 until present.. WHEREFORE: Defendant requests Your Honorable Court to determine what is marital property, to equitably divide all marital property, and to remm all non- marital property that may belong to the Plaintiff to her. CLAIM II - ALIMONY PENDENTE LITE, AND ALIMONY 2. Paragraph one (1) is incorporated herein by reference as though set forth in full. 3. Defendant requires reasonable support to maintain herself adequately in accordance with the standard of living established during the marriage. WHEREFORE, Defendant requests this Honorable Court to enter an award of alimony pendente lite until final hearing and thereafter to enter an award for alimony. CLAIM III - COUNSEL FEES AND COSTS 4. Paragraphs one (1) through three (3) are incorporated herein by reference as though set forth in full. 5. Defendant has retained the law offices ofABoM& KUTULAKIS, LL.P., but is unable to pay the necessary and reasonable attorney's fees for said counsel. 6. Defendant may need to hire experts to appraise the marital property but she lacks ftmds to pay the necessary and reasonable fees. WHEREFORE, Defendant requests this Hono:mble Court to enter an award of interim counsel fees, costs and expenses and to order such additional sums hereafter as may be deemed necessary and appropriate, and at final hearing to award such additional counsel fees, costs and expenses as are deemed necessary and appropriate. Respectfully submitted, 7<~~L.L.P. ID }4o. 77961 36 South Hanover Street Carlisle, PA 17013 (717) 249-{)900 Attome_y for Defendant CERTIFICATE OF SERV'ICF~ AND NOW, th/s /0 day of October 2003, I, John A. Aborn, Esquire, of Abom& Kutulakis, L.L.P., hereby certify that I did serve a true and correct copy of the foregoing DEFENDANT'S CLAIMS FOR ECONOMIC RELIEF upon the following: Via First-Class Mail Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 ~4ttorney for Plaintiff ABOM & KUTULAKIS, L.L.P. 36/~outh Hanox~er Street, Carlisle, PA 17013 Altomff for Defendant ARTHUR j. GREENE, Plaintiff DIANE E. GREENE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO:2003-4018 CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S INCOME AND EXPENSE STATEMENT I, DIANE E. GREEN, verify that the statements made in this Income and Expense Statement 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 / 'l / INCOME: Employer: Address: Type of Work: Payroll Number: Commerce Bank - Harrrisburg 100 Senate Ave Camp Hill, PA 17011 Pay Period: (biweekly) Gross Pay per Pay Period: Itemized Payroll Deductions: Federal Withholding Social Security Local Wage Tax State Income Tax Retirement Savings Bonds Credit Union Life Insurance Health Insurance Other (specify) Net Pay per Pay Period: $850.00 $850.00 OTHER INCOME: Interest Dividends Pension Annuitly Social Security Rents Royalties Expense Account Gifts Unemployment Compensation Worker's Compensation Other: Weekly Monthly Yearly Total $0.00 $0.00 $0.00 EXPENSES: Home: Mortgage/Rent Maintenance Utilities: Electric Gas Oil Telephone Water Sewer Employment: Public Transportation Lunch Taxes: Real Estate Personal Property Income Insurance: Homeowners Automobile Life Accident Health Other Automobile: Payments Fuel Repairs Medical: Doctor: Dentisti Orthodontist Hospital Medicine Special Needs: Eye glasses Braces Orthopedic Devices Education: Private School Parochial School College Weekly Monthly 450.00 50.00 50.00 50.00 50.00 Yearly 100.00 Religious Personal: Clothing Food Barber/Hairdresser Credit Payments Credit Card Charge Account Memberships Loans: Credit Union Other: 100.00 80.00 15.00 250.00 Miscellaneous: Household Help Child Care Subscriptions Entertainment Pay TV Vacation Gifts Legal Fees Charitable Contributions Child Support Payments Alimony Payments Qther: TOTAL EXPENSES: PROPERTY OWNED: Checking Accounts Savings Accounts Credit Union Stocks/Bonds RealEstate Other 25.00 540.00 5,000.00 2,500.00 $225.00 Description Commerce Commerce Members 1st Pa Cent. FCU $895.00 Value $200.00 $3,500.00 $250.00 $250,00 $8~140.00 H W X X X X C TOTAL $4,200.00 INSURANCE: Hospital Blue Cross Other Medical Blue Shield Other Health/Accident Disability Income Dental Other Company NO. H X W C * H = Husband; W = Wife; J = Joint; C = Child ARTHUR j. GREENE, Plaintiff DIANE E. GREENE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO:2003-4018 CIVIL ACTION - LAW IN DIVORCE INVENTORY OF DEFENDANT DIANE E. GREEN, Defendant, fries the folloxving inventory of all property oxvned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. I, DIANE E. GREEN, Defendant, verify that the statements made in this inventory are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa CS ¢ 4904, relating to unswom falsification to authorities. ASSETS OF THE PARTIES Defendant marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. (x) 1. Real Property (x) 2. Motor vehicles (x) 3. Stocks, bonds, securities and options () 4. Certificates of deposit (x) 5. Checking accounts, cash (x) 6. Savings accounts, money market and savings certificates (x) 7. Contents of safe deposit boxes 8. Trusts 9. Life insurance policies (indicate face value, cash surrender value, and current beneficiaries) 10. Annuities (x) 11.Gifts () 12. Inheritances () 13. Patents, copyrights, inventions, royalties () 14. Personal property outside the home () 15. Business (list all oxvners, including percentage of ownership, and officer/director positions held by a party with company) () 16. Employment termination benefits--severance pay, worker's compensation claim/award () 17. Profit sharing plans () 18. Pension plans (indicate employee contribution and date plan vests) (x) 19.Retirement plans, IndMdual Retirement Accounts () 20. Disability payments () 21. Litigation claims (matured and unmatured) () 22. Military/V.A. benefits () 23. Education benefits (x) 24.Debts due, including loans, mortgages held () 25. Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute) () 26. Other MARITAL PROPERTY Defendant lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced: ITEM NUMBER 1 2 2 7 DESCRIPTION OF PROPERTY 5237 Terrace Road, Mechanicsburg, PA 1995 Mazda MX-6 1989 Toyota Camry Safe deposit box at M&T Bank NAMES OF A~ J. OWNERS Arthur and Diane Greene Arthur and Diane Greene Arthur and Diane Greene Arthur and Diane Greene NON-MARITAL PROPERTY Defendant lists all property in which a spouse has a legal or equitable interest which is claimed to be excluded from marital property: ITEM NUMBER 11 11 3 19 DESCRIPTION OF PROPERTY Artwork - 3 oil paintings and 1 print Oriental rugs Commerce stock (21 shares) 401K account REASON FOR EXCLUSION Gifts from father Anniversary gift from husband Obtained through work after date of separation Obtained through work after date of separation ARTHUR J. GREENE, Plaintiff DIANE E. GREENE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO: 2003-4018 CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S PRE-TRIAL STATEMENT The Defendant, Diane Greene, files the following Pre-Trial Statement. LIST OF ASSETS - MARITAL AND NON-MARITAL The Defendant, Diane Greene, request a stipulation that the date of final separation was November, 1998. The inventory is supplemented ~vith the values of the marital and non-marital property on the attached charts: EXPERT WITNESSES None. Defendant reserves the right to call expert witnesses if necessary. OTHER WITNESSES Diane Greene, defendant. Arthur Greene, as on cross. Defendant reserves the right to call other witnesses if necessary. EXHIBITS 2003 W-2, 401K Statement, most recent paystub. DEFENDANT'S GROSS INCOME $20,483.62 (2003 W-2). PENSION AND RETIREMENT 401K valued at $2,000.00 COUNSEL FEES Counsel fees to date total $873.80. It is anticipated that there will be additional counsel fees in this matter. PERSONAL PROPERTY The parties currently reside at the same residence, but do anticipate an amicable dMsion of the marital personal property. MARITAL DEBTS The Defendant is aware of a Visa credit card that currently has a balance of approximately $5,000.00. PROPOSED RESOLUTION OF ECONOMIC ISSUES The Defendant is willing to negotiate an amicable resolution. Respectfully submitted, ABOM & KUTULAKIS, L.L.P 36 South Hanover STreet Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for Defendant ID #86914 VERIFICATION I, DIANE E. GREEN, verify that the statements made in the foregoing Pre- Trial Statement 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. I~NE E. GREEN CERTIFICATE OF SERVICE AND NOW, this _~of March, 2004, I, Kara W. Haggerty, Esquire, of ABOM & KUTULAICdS, LLP, hereby certify that I did serve a true and correct copy of the foregoing Defendant's Pre-Trial Statement by depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to the following: Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 E. Robert Elicker, II Divorce Master 9 North Hanover Carlisle, PA 17013 Respectfully submitted, ABOM & KUTULAKIS, LLP Carlisle, PA 170~3 (717) 249-0900 ID No. 86914 Attorney for Defendant Jul 27. 2004 2:33PM No.6601 P. 2 Barbara Sumple-Sullivan, Esquin~ S~lprenle (201111 ~2317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 ARTHI~ J. GRg. RN'E, : IN 'tHE COURT OF COMMON PLEAS Plaint/ff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2003-4018 DIANE E. GREEHE, : CIVIL ACTION - LAW Defendant : IN DIVORCE .AI~I~AVlT OF CONSENT 1. A Complaint in Divorce under Section 3301(0. of the Divorce Code was filed on August 15, 2003. 2. The marriage of the Plaintiff and Defendant is irrctfievably broken. Ninety days have elapsed since the filing and service of the Complaint. 3. I consent to the entry ora final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose fights concerning s2timony, division ofprnpeny, lawyer's fees or expenses ifI do not claim them before a divorce is grated. 5. I verify that the statements made in this affidavit are tree and correct. I understand that false statements are made subject to the penalties of 18 Pa. C,S.A. Section 4904 relating to unsworn falsification to authorities. DATE: ,~u,,27. 2004 2:33PM ~!o.660l P. 3 Barbara Sumple-Sulllvan, Esquu'e Supreme Court #32317 549 Bridge Stxeet New Cumberl~d, PA 17070 (717) 774-1445 ~THURJ. G~E~, IN THE COL~T OF COMMON PLEAS Plaintiff V. DIANE E. OREENE, Defendant CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-4018 CIVIL ACTION - LAW IN CUSTODY/DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUE~ ENTRy OF A DIVORCE DECREE UNDFn .~.3301(c) OF ]'HE DIVORCE CODE l. 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, awyer s fees or expenses ffI 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 thc Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonota~. I verifid that the statements made in this affidavit are true and correct, i understand that false statement herein arc made subject to the penalties of 18 Pa. C. S, §4904 relating to uosworn falsification to authorities. DATE: E. Glreene 2004 2:33P~ ~.6601 P. 4 B~bara Sumple-$uJlJvan. Esquire Supreme Court #32317 349 Bridge SU~eet Hew Cumberland. PA 17070 (717) 774-1445 ARTHUR $. GREENE, Plaintiff DIANE E. GREENE, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLA]~K) COUNTy, PENNSYLVANIA : NO. 2003-40]8 : CIVIL ACTION . LAW ' 1NDWORCE AFFI. I)AVIT OF CONSEN~T l, A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on August 15, 2003. 2 The marriage of the Plaintiffand Defendant is inctfievably broken. Ninety days have elapsed since the filing and service of the Complaint. 3. I consent to the entry ora final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ill do not claim them before a divorce is granted. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. CSA. Section 4904 relating to unswom falsification to authorities. , . , CX,~ 2004 2:34PM No.680) P, 5 Barbara SUmple-$ullivaa, Esquire Supreme Cott~ #32317 549 Bridge Stx~ New Cumberland, PA 17070 (717) 774-]445 ARTHUR J, GREENE, Plaintiff DIANE E. GREENE, Defendant : CUMBERL,~dXID COUNTY, PENNSYLVANIA : NO, 2003-4018 : CIVIL ACTION - LAW : IN CUSTODY/DIVORCE WAIVER OF NOTICE OF 13/TENTION TO REOUES'r ENTRY OF A DIVORCE DECI~'~E UNDE]~ ~3301(c) OF Tile 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 properly, lawyer's fees or expenses itl do not claim them before a divorce is granted. 3. I understand that I will not be divorced umil 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 affidavit are true and correct. I understand that false statement herein ate made subject to the penalties of 18 Pa.G.S. §4904 relating to unswom falsification to authorities. A~hur $. ¢~ree~e / - ARTHUR J. GREENE, Plaintiff VS. DIANE E. GREENE, Defendant IN THE COURT CF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03 - 4018 CIVIL IN DIVORCE AND NOW, this 2004, the parties and counsel and stipulation resolving the the date set for a Master's hearing, stipulation having been transcribed, the parties and counsel, vacated and counsel can ORDER OF COURT day of~~L~ , having entered into an agreement economic issues on July 27, 2004, the agreement and and subsequently signed by the appointment of the Master is conclude the proceedings by the filing of a praecipe to transmit the record with the affidavits of consent of the parties so that a final decree in divorce can be entered. cc: ~arbara Sumple-Sullivan Attorney for Plaintiff ~ra W. Haggerty Attorney for Defendant BY THE COURT, ARTHUR J. GREENE, Plaintiff VS. DIANE E. GREENE~ Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03 - 4018 CIVIL IN DIVORCE THE MASTER: Today is Tuesday, July 27, 2004. This is the date set for a Master's hearing in the above captioned divorce proceedings. Present. in the hearing room are the Plaintiff, Arthur J. Greene, and his counsel Barbara Sumple-Sullivan and the Defendant, Diane E. Greene, and her counsel Kara W. Haggerty. This action was commenced by the filing of a complaint in divorce on August 15, 2003, raising grounds for divorce of irretrievable breakdown of the marriage. Although an affidavit under Section 3301(d) was filed on August 22, 2003, the parties are going to sign affidavits of consent and waivers of notice of intention to request entry of divorce decree today so that the divorce can be concluded under Section 330i(c) of the Domestic Relations Code. The Master's office, upon receipt of the affidavits and waivers, will file the documents with the Prothonotary. The complaint also raised the economic claim of equitable distribution. On her own behalf, wife filed a petition on October 16, 2003, raising a claim for equitable distribution and claims for alimony, alimony pendente lite, and counsel fees and costs. After extensive negotiations today and previously at a conference in the Master's office, the parties have reached a settlement with respect to the outstanding issues. The agreement is going to be placed on the record in the presence of the parties. The agreement as placed on the record will be considered the substantive agreement of the parties not subject tc any changes or modifications except for Correction of typographical errors which may be made during the transcription. After the agreement has been transcribed and reviewed for typographical errors, the parties will be asked to sign the document affirming the terms of settlement as stated on the record. However, it is understood that even though the agreement is not subsequently signed by the parties affirming the terms of settlement, nevertheless, they are bound by the terms of settlement when they leave the hearing room today. Upon receipt by the Maste£ of a completed agreement, he will prepare an order vacating his appointment and counsel can then conclude the proceedings by the filing of a praecipe to transmit the record. The parties were married on September 17, 1977, and separated November 19, 1998. They are the natural parents of two children, both of whom are emancipated. Road, Both parties currently reside at 5237 Terrace Mechanicsburg, Pennsylvania. Ms. Sumple-Sullivan. MS. SUMPLE-SULLIVAN: 1. During the marriage the parties acquired real estate which is known as 5237 Terrace Road, Hampden Township, Cumberland County, Pennsylvania. The parties have agreed that wife shall have full ownership provided that she shall pay and satisfy the following debts: Wife shall pay in full the M&T Bank home equity line of credit which Account No. is 000116023300001. She shall also pay and refinance the Waypoint Mortgage which Account No. is 000075019738 (dictated on the record as MLAXX019738). Wife shall pay and refinance the M&T home equity line of credit which has a current balance of $26,464.49. Wife shall also pay and refinance the Waypoint mortgage which has a current balance of $18,330.06. Wife shall have t0 days from the (/ate of this agreement to secure a commitment for refinancing of these sums. Wife shall also secure commitment to pay to husband the additional sum of $15,000.00. Settlement on the refinance of the M&T home equity loan, the Waypoint mortgage and payment of husband of $15,000.00 shall occur within 45 days of the date of this agreement. Husband shall execute a deed transferring all of his right, title and interest in the real estate to wife which shall be released for recording upon wife's successful refinance of the Waypoint ~grtgage and M&T home equity loan and payment to husband of~ sum of..~$15,000.00. in the even5 %hat wife is successful in securing the refinance and cash payment to husband, the following terms shall additionally be part of the parties' marital settlement agreement: (a) Wife shall also be the owner of the parties' 1995 Mazda vehicle which vehicle is presently unencumbered. Husband shall become the owner of the parties' 1989 Toyota Camry which vehicle is presently unencumbered. Both parties agree to cooperate with each other to execute the titles to transfer sole ownership to the respeotive parties. (b) Husband shall become the sole owu~er of certain retirement and pension accounts which were in existence at Raymond James & Associates at the time of separation. Said account consisted of an IRA at Account No. 73457818 and had the approximate value of $53,372.41 and tax Account No. 81540013 which held an IRA from the Homestead Group which had an approximate value at separation of $15,869.23. The parties acknowledge that sums were liquidated from these retirement accounts, some of whicln sums were used by husband to buy equipment and to purchase a business known as Internet Photos, Inc. and to pay for college education of the children and other expenses. Husband waives any claim against wife for reimbursement of any of the college expenses or other distributions made from this retirement account~ Wife waives any and all claims against any ecuiDment or assets or other items incident to the Internet P~ot~ business which husband purchased as a result of liquidation of this pension account. Any post-separation accumulations in husband's pension accounts shall be the sole and separate property of husband snd wife waives any and all claims thereto. (c) The parties had additionally accum~ulated certain personal property. It is specifically agreed between them that three oil paintings shall become the sole and separate property of wife and husband waives any and all claims thereto. Husband shall become the sole and separate owner of the dining room suite which was provided by his family and wife waives any and all claims the].et · The parties had acquired an Oriental rug which had an appraised value of $5,000.00. That rug shall become the sole and separate property of wife. All other items of ]personal property shall be divided between the parties a~ they shall mutually agree in as equal value as is possible. (d) At the time of separation the parties had certain credit cards which were in existence in joint and/or individual names, it is specifically the intention of the parties that wife shall become solely responsible for the Visa which is and has been payable to the Pennsylvania Central Federal Credit Union, Account No. 4471240000004840 which has a current balance of approximately $5,718.00. Wife shall indemnify and hold harmless husband for said balance and shall further agree to pay any and all costs incurred by him incident to her nonpayment of this obligation. These costs shall include reimbursement of reasonable attorney fees regarding any claim made against him in regards to this Visa account. Wife shall take reasonable efforts to have husband's name removed from that Visa account. Husband had refinanced certain marital debt onto a Chase card which had a date of separation value of approximately $5,324.00. This Account No. is 402DO30 as listed on the credit report. Husband shall be solely responsible for said card and shall agree to indemnify and save wife harmless from any liability or costs related to this obligation- Husband shall also reimburse and save wife harmless and pay all costS, including zeasonable attorney fees for any claim brought against her as a result of husband's nonpayment of this card. However, husband does note that said Chase card is individually titled at this time in his name alone. (e) Husband also agrees to pay wife the sum of $120.00 per ~ as a~m~nY- This sum shall be Den-modifiable in mo~ ~ ...... amount except in the event of disability of husband. This amount shall be due and payable by husband to wife on the first day of the month and shall be payable for a period not to exceed seven years from the date of this agreement unless terminated earlier due to the remarriage, co-habitation, death of wife or death of husband. The term of this payment is also non-modifiable- This sum shall be paid directly by husband to wife at an address designated by wife. (f) Each party waives any claim to ceunsel fees and costs against the other party. 2. The parties specifically recognize that the above referenced agreement is specifically contingent on wife timely securing the refinance of the M&T home equity, the Waypoint mortgage and the $15,000.00 cash payment to husband. In the event that wife does not secure a commitment in 10 days or if a commitment is received but settlement does not occur within 45 days of the date of this agreement, the parties agree that the following shall constitute their agreement for resolution of their issues of ,'-' '¥-,+'-n and alimony: equitable ~sErt~l~ (a) If the commitment letter is not received within 10 days from the date of this agreement or, if a commitment is received but settlement does not occur within 45 days of the ~ate of this agreement, the property shall be immediately listed for sale with the Homestead Group of which husband is an employee. The sale price shall be set by mutual agreement of the parties in consultation with a real estate agent employed by Homestead. Upon the sale of the house, the costs of sale shall be deducted from the gross proceeds realized from the sale and the net proceeds shall then be divided 45% to husband and 55% to wife. HoWever, from the monies which are realized by wife, she shall pay to husband the sum of $16,120.75 in satisfaction of the marital credit which he has pursuant to these proceedings. Said sum shall be paid directly to husband in addition to his marital percentage at the time of the real estate settlement. (b) Wife shall be the sole owner of the parties' 1995 Mazda. Husband shall be the sole owner of the 1989 Toyota Camry. Each party shall be cooperative with the other to transfer sole title and ownership of their respective vehicle to the other. (c) In the event of sale of the house, wife shall receive a roll over from husband's retirement plan with Raymond James & Associates in the amount of $27,479.25. Husband shall secure all necessary paperwork to effectuate the roll over to wife on a tax-free basis. (d) Husband shall continue to receive the proceeds that existed at the time of separation in the Raymond James & Associates account, ID No. 73457818, and the Raymond James Homestead account, Account No. 81540013;. Husband shall also be the sole owner of the Internet Photo business, the equipment acquired therefrom or any other derivative asset which was used from the Raymond James accounts liquidated after the time of separation. Husband shall also be the sole owner of any additional amounts that may remain in the Raymond James account presently after the $27,479.25 roll over to wife. Wife waives any and all claims to said additional pension value. (e) Personal property shall be divided by the mutual agreement of the parties except that wife shall be the sole owner of the oil paintings and husband shall be the sole owner of the dining room suite. Wife :shall also be the sole owner of the Oriental carpet. (f) Husband shall be obligated to pay to wife the sum of $200.00 per month in alimony. This s~m shall be payable on the first day of each month and shall be payable directly to wife. This sum shall be non-modifiable in amount except in the event of the disability of husband. This payment shall continue for a period not to exceed seven years and shall terminate on the seventh anniversary of this agreement unless it is terminated earlier through the remarriage, cohabitation, death of wife, death of husband. (g) Each party waives any and all claims to reimbursement of counsel fees and costs. (h) The parties confirm that wife shall be solely responsible for the Pennsylvania Central Federal Credit Union Visa account and shall indemnify and hold husband harmless for said liability. Wife shall also indemnify husband against all costs which he may incur as a result of her nonpayment of this debt including reimbursement of reasonable counsel fees related to her non-performance. Wife shall take whatever reasonable efforts to have husband's name removed from that account. Husband shall be solely responsible for the obligation existing on the Chase card. Husband confirms that he will indemnify and hold wife harmless for any costs on said eb~iga~ien a~md will indenvnify her for all costs that she may .... r result of his nonpayment of the Chase card, this shall include reimbursement of reasonable counsel fees. However, husband does note that said Chase card is individually titled at this time in his name alone. 3. Husband agrees to vacate the home within thirty days of the date that he receives his $15,000.00 cash payment from wife or upon settlement of the sale of the home. 4. 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 may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which ]nay be necessary or advisable to carry into effect this mutual waiver and relinquislnment of all such interest, rights, and claims. MS. SUMPLE-SULLIVAN: Mr. Greene, you have been in this room and have heard me dictate into the record what the terms of your agreement which were negotiated with your wife; is that correct? MR. GREENE: That's correct. MS. SUMPLE-SULLIVAN: [)id you understand the this terms of the agreement as I dictated them today? MR. GREENE: Yes. MS. SUMPLE-SULLIVAN: Are you entering into agreement voluntarily? MR. GREENE: Yes. MS. SUMPLE-SULLIVAN: questions about the terms of the agreement the ~greement on yo~? MR. GREENE: No. Do you have any or the impact of MS. HAGGERTY: Ms. Green, you have been present in this room while the agreement for property distribution has been dictated by attorney Sumple-Sullivan; is that correct? MS. GREENE: Yes. MS. HAGGERTY: Do you have any questions regarding the nature and impact of that agreement on you -- do you understand all of the terms of '5he agreement? MS. GREENE: Yes. MS. HAGGERTY: Are you entering into this agreement voluntarily? MS. GREENE: Yes. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. .~ .... f ~' __~= - ~ Sullivan ~%t~~ J~reene ~ra W.':ag~tY : ~ane E. G eene Attorney fo~efen~nt Barbara Sumple-Sullivan. Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 ARTHUR J. GREENE, Plaintiff DIANE E. GREENE, Defendant : IN THE COURT OF COM/VlON PLEAS : CUlVlBERLAND COUNTY, PENNSYLVANIA : NO. 03-4018 : CIVIL ACTION' - LAW : 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 §3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: via Certified Mail Restricted Delivery on August 23, 2003. 3. Date of execution of the affidavit of consent required by § 3301(c) of the Divorce Code: by Plaintiff: July 27, 2004; by Defendant: July 27, 2004. 4. Related claims pending: All matters have been resolved between the parties pursuant to an Agreement of record reached on July 27, 2004 and incorporated, but not merged into the Decree. 5. Date Plaintiffs Waiver of Notice in §3301 (c) Divor~i~w4filed with Prothonotary: July 28, 2004. Date Defendant's Waiver of Notice in §330i(c) D~f~or, goe'~s filed with Prothonotary: July 28, 2004 Dated: September 8, 2004 / b-' 549 Bridge Street New Cumberland, PA 17070-1931 (717)-774-.1445 Supreme C. ourt ID #32317 Attorney fbr Plaintiff Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 ARTHUR J. GREENE, Plaintiff 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 03-4018 DIANE E. GREENE, Defendant : CIVIL ACTION - LAW : 1N DIVORCE CERTIFICATE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I sen, ed a true and correct copy of the foregoing Plaintiffs Praecipe to Transmit Record, in the above- captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: DATED: September 8, 2004 Kara W. Haggerty, Esquire Abom& Kumlakis 36 South Hanover Street Carlisle, PA 17013~ ~ .~ /~Barbara Su~h'~l'fZ~ullivan, Esquire /./~49 Bridge Street New Cumberland, PA 17070 (717) 774-1445 Supreme Ceurt I.D. No. 32317 Attorney for' Plaintiff IN THE COURT OF COMMON PLEAS ARTHUR J. GREf~E, Plaintiff VERSUS Defe~a~t OFCUMBERLANDCOUNTY STATI=' OF PENNA. NO. 03-4018 DECREE IN DIVORCE AND NOW, DECREED THAT AND ARE DIVORCED FROM THE BONDS OF MATRIMONY. 2004 __~, IT IS ORDERED AND , PLAINTIFF, , DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; All matters have been resolved between the parties pursuant to an Agreement of record reached on July 27, 2004 aD~ incorporated, but not merged, into the BY THE COURT: ATTEST J ARTHUR J. GREENE, Plaintiff : IN THE COURT OF COMMON pI.EAS : CUMBERLAND COUNTY, : PENNSYLVANIA V. : : NO: 2003-4018 DIANE E. GREENE, : CIVIL ACTION - LAW Defendant : IN DIVORCE PETITION TO WITHDRAW AS COUNSEL AND NOW, comes the petitioner, Kara W. HaggetW, Esquire of ABOM & KUTULAKIS, LLP, counsel for Defendant in the above matter, and petitions This Honorable Court to grant the within Motion to Withdraw as Counsel for the above- named Defendant and, in support thereof, respectfully avers the following: 1. On or about October 14, 2003, the above-named defendant retained petitioner as private counsel to secure a divorce from plaintiff. 2. A Divorce Complaint was filed on August 1.5, 2003, and served upon the defendant thereafter. 3. The undersigned counsel drafted various pleadings in relation to the above-referenced divorce matter, as well as engaged in correspondence with opposing counsel to discuss the potential for settlement of outstanding property distribution issues. 4. The parties, with their respective counsel, appeared before Divorce Master Elicker on july 27, 2004, at which t/me a property settlement agreement was reached and all outstanding paperwork for the divorce was signed. 6. that has not been satisfied to date. 7. The defendant has corresponded with Aborn & Kumlakis, L.L.P., indicating that she does not intend to satisfy her outstanding balance for legal services provided by the law firm. 8. The defendant has expressed that she no longer desires undersigned counsel to represent her in her legal proceedings. 9. Therefore, it is respectfully requested that This Honorable Court grant the undersigned counsel's Motion to Withdraw. WHEREFORE, the Petitioner, Kara W. Hagger~3,, respectfully requests that This Honorable Court grant the Motion to Withdraw as Counsel. . The parties' divorce was final on September 16, 2004. The defendant has an outstanding balance due for legal services provided Respectfully submitted, A.BOM & KUTULAKIS, LLp Kara W. Haggelty,~ire ~ ~ Attorney ID# 8691~' - 36 South Hanover Street Carlisle, PA 17013 (717) 24%0900 Attorne_y for Defendant CERTIFICATE OF SERVICE AND NOW, this 7th day of October, 2004, I, Kara W. Haggerty, Esquire, hereby certify that I did serve a-true and correct copy of the foregoing PETITION TO WITHDRAW AS COUNSEL upon the following in the rnanner indicated: BY CERTIFIED AND FIRST CLASS M_AI1._. Diane Greene 5237 Terrace Road Mechanicsburg, PA 17055 BY FIRST CLASS MAIL: Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 ARTHUR J. GREENE, Plaintiff VS. DIANE E. GREENE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 03-4018 CIVIL IN DIVORCE IN RE: PETITION TO WITHDRAW AS COUNSEl, ORDER AND NOW, this [~ ~t day of October, 2004, a Rule is issued on the parties hereto to show cause why the relief requested in the within Petition to Withdraw as Counsel should not be granted. RULE RETURNABLE within 20 days of service. BY THE COURT, ~/arbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 For the Plaintiff ,,,~ara W. Haggerty, Esquire 36 South Hanover Street Carlisle, PA 17013 For the Defendant f~tw y Ol~r, ~., J. / :rlm ARTHUR J. GREENE, Plaintiff DIANE E. GREENE, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA Civil Action - Law 03-4018 IN DIVORCE TO THE HONORABLE J. WESLEY OLER, JR., JUDGE OF SAID COURT: PETITION TO MAKE RULE ABSOLUTE AND NOW, comes the Petitioner, Kara W. Haggerty, Esquire of ABOM & KUTULAKIS, L.L.P, and files this Petition to Make Rule Absolute, and in support thereof, avers the following: 1. On October 18, 2004, a Rule to Show Cause, returnable twenty (20) days from date of issuance, was issued upon the parties to show cause why the relief requested, the undersigned counsel's Petition to Withdraw as Counsel, should not be granted. 2. To date, there has been no response to the Rule, although the time for response has passed. WHEREFORE, the Petitioner prays This Honorable Court to make the above Rule absolute and grant the Petitioner's Petition to Withdraw as Counsel. Respectfully submitted, uru ,s, Kara W. Haggerty, F_7S~re Attorney ID # 86914 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 CERTIFICATE OF SERVICE AND NOW, this ~F~ay of November, 2004, I, Kara W. Haggerty, Esquire, hereby certify that I did serve a true and correct copy of the foregoing PETITION TO MAKE RULE ABSOLUTE as follows: Diane Greene 5237 Terrace Road Mechanicsburg, PA 17055 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 Kara W. Hagge"y, E~~ ~ ARTHUR J. GREENE, Plaintiff DIANE E. GREENE, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA Civil Action - Law 03-4018 IN DIVORCE ORDER OF COURT AND NOW, this ~l~ay of November, 2004, upon consideration of the Petition to Make Rule Absolute, and upon the failure of the parties to file a timely response to the Rule, IT IS HEREBY ORDERED AND DECREED THAT the Rule is hereby made absolute and the Counsel's Petition to Withdraw is granted. BY THE COURT: Distribution: ,/Kara W. Haggerty, Esquire 36 South Hanover Street Carlisle, PA 17013 ,~Diane Greene 5237 Terrace Road Mechanicsburg, PA 17055 v~arbara Sumple-Sullivan, *Esquire 549 Bddge Street New Cumberland, PA 17070 tl- O-OJ CERTIFICATE OF SERVICE AND NOW, this ~J~ay of November, 2004, I, Kara W. Haggerty, Esquire, hereby certify that I did serve a true and correct copy of the foregoing PETITION TO MAKE RULE ABSOLUTE as follows: Diane Greene 5237 Terrace Road Mechanicsburg, PA 17055 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070