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HomeMy WebLinkAbout07-3331Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 SCOTT M. COLEMAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. ELLEN M. COLEMAN, Defendant : CIVIL ACTION -DIVORCE NO. 07- 3'S31 C?v? 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 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, PA 17013 (717) 249-3166 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 SCOTT M. COLEMAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -CUSTODY ELLEN M. COLEMAN, Defendant NO. d 7- 333 j ?,?! tr.? COMPLAINT IN DIVORCE 1. Plaintiff is Scott M. Coleman, an adult individual residing at 195 Beagle Club Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Ellen M. Coleman, an adult individual residing at 779 Erford Road, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Both Plaintiff and 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 12, 1992 in Johnstown, Pennsylvania. 5. There are three (3) children who were born during this marriage being: Tyler R. Coleman (Born January 12, 1994); Drew M. Coleman (Born May 15, 1997); and Samantha N. Coleman (Born October 13, 1999). Issues of paternity exist relative to the youngest children. 6. The parties separated on May 4, 2007. 7. There have been no prior actions for divorce or annulment between the parties. 8. Neither Plaintiff nor 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. Plaintiff has been advised that counseling is available and that Plaintiff has the right to request that the court require the parties to participate in counseling. COUNT I - DIVORCE NO FAULT 10. 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, Plaintiff requests entry of a divorce decree in her favor in accordance with 3 3301 of the Pennsylvania Divorce Code. 2 FAULT INDIGNITIES 12. The averments in paragraphs 1 through 11, inclusive of Plaintiffs Complaint are incorporated herein by reference thereto. 13. Plaintiff is the innocent and injured party, and Defendant has offered such indignities to the person of the Plaintiff and has been mentally cruel to him so as to make his life burdensome and his condition intolerable, in violation of the marriage vows and of the laws of the Commonwealth. WHEREFORE, Plaintiff requests this Court to enter a decree in divorce in accordance with the Pennsylvania Divorce Code. FAULT ADULTERY 14. The averments in paragraphs 1 through 13, inclusive, of Plaintiffs Complaint are incorporated herein by reference thereto. 15. Defendant has committed adulterous acts in violation of the marriage vows and the laws of the Commonwealth of Pennsylvania. WHEREFORE, Plaintiff requests entry of a divorce decree in his favor in accordance with 3 3301 of the Pennsylvania Divorce Code. 3 WHEREFORE, Plaintiff, Scott M. Coleman, prays this Honorable Court to enter judgment: A. Awarding Plaintiff a decree in divorce; and B. Awarding other relief as the Court deems just and reasonable. Dated: June 4 .2007 Barbara Sumple-Sullivan, Esquire Attorney for Plaintiff 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 4 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 SCOTT M. COLEMAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. ELLEN M. COLEMAN, Defendant CIVIL ACTION - DIVORCE NO. 0-2 3 3 3 / &,?i 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. Dated: 6A0 SCOTT M. COLEMAN Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 SCOTT M. COLEMAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vi. : CIVIL ACTION - DIVORCE ELLEN M. COLEMAN, Defendant NO. VERIFICATION I, Scott M. Coleman, hereby certify that the facts set forth in the foregoing Pleading 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. Section 4904 relating to unsworn falsification to authorities. Dated: LlU SCOTT M. CO EMAN y '6a < O T1 ' ? D .p W 61 > 1. a Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 SCOTT M. COLEMAN, Plaintiff V. ELLEN M. COLEMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. 07 - 3331 - DIVORCE CIVIL ACTION 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. 7004 2890 0002 8468 8417, Return Receipt Requested, on the above-named Defendant, Ms. Ellen M. Coleman, on June 7, 2007 at Defendant's last known address: 779 Erford Road, Camp Hill, PA 17011. 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: June 8, 2007 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717)-774-1445 Supreme Court ID #32317 Attorney for Plaintiff r- Coverage Provided) (Domestic Mail Only; No Insurance co AL USE 7 CD Postage $ its, 7` 0070 p Certified Fee G Ij w? a ' Postmark \<<` ? Here . M Retum Receipt Fee #. _ ] He (EndorsementRequired) es' ' O Restricted pelNery Fee 4. I (Endorsement Required) 11? rLi Total Postage & Fees (J n. Gy,, O to - ---------- r1- ?treer. ApENo.; or PO Sox No. R.. - °r -- ---- ¦ c>WIVMe Mm 1, 2, and 3. Also complete bm 4 U RMbloted 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 malipiece, or on the front if space permits. A. Agent B-Flace)ved by (PNnted Nano) C. Date 01 DaMlrsiy 6 Ito? D. Is delivery address different ftom rem 1? ? Yet If YES, enter delvey address below: ? No 8. Sarvim Type O Carolled Mall O E>pm Melt E3 RegWood 13 Return Receipt for Mwdmd n ? kwjmd Md ? C.O.D. 4. Rtahlrftd DalMrarY? Oft FOO *Vw 2. Numbw aerr 7004 2890 0002 8468 8417 (lransfaV•born fcalabe? PS Form 3811, Febnwy 2004 Donweac Patum Racotlpt 1102598-02-A*t510 1. Mole Addressed to: ?S ?,11en M- L19- 'w4 y, f rJ;:?rA R xxLJ EXHIBIT "A" ?' ?-? ? c:? ?._. ?r`1 -r? u ` ' ? [' ,,,? _ry f f i c.,? .' ?M' ,? ?, i; -::' ' ?" C ? ` 7 r'r? . C? ? IN THE COURT OF COW-ON PLEAS OF CUMBMAND COUNTY, PENNSYLVANIA SCOTT M. COLEMAN Plaintiff ELLEN M. COLEMAN MOTION FOR APPOLN- M 'VT OF ?KASTM Scott M. Coleman (Plaintiff) ( moves the court to appoint a master with respect to the following claims: ( X) Divorce ( ) Distribution of Property VS. N0. 07-3331 19 ( ) Annulment ( ) Support ( } Alimony ( ) Counsel Fees ( ) Alimony Pendente Lite ( ) Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims(s) for which the appointment of a master is requested. (2) The defendant (has) *@§cWq4Mzppeared in the action (personally) 'ES ire). (3) The staturory ground(s) for divorce O (are)3301_(c), 3301"(d) 3301(a)(2) and 3301(a)(6) (4) Delete the inapplicable paragraph(s): (a) The action is not contested. (b) An agreement has been reached with respect to the following claims: None (c) The action is contested with respect to the following claims: Divorce (5) The action bmemz?c not involve) complex issues of law or fact. (6) The hearing is expected to take one (7) Additional information, it any. rem _) (days) . motion Date: August 21, 2007 _orney for (Plaintiff) ORDER APPO=MNG ?°L4STER Barbara Sumple-Sullivan, Esquire AND NOW Esquire,. Is appointed roster with respect to the following claims: By the Court: J -10 IN THE COURT OF COLON P4t QF 2D07 ,?,J CL'?ERLAND COUNTY, PENNS ?/ry SCOW M. COLEMAN Plaintiff VS. ELLEN M. COLEMAN NO. 07-3331 19 MOTION FOR AP?OLT = OF KLSSTER Scott M. Coleman (Plaintiff) (bt i moves the court to appoint a master with respect to the following claims: ( X) Divorce ( ) Distribution of Property ( ) Annulment ( ) Support ( } Alimony ( } Counsel Fees ( ) Alimony Pendente Lite ( ) Costs and Expenses and.in support of the motion states: (1) Discovery, is complete as to the claimsts) for which the appointment of a master is recruested. (2) The defendant (has) MWWqq0tmpeared i_a. the action (personally) ,Esqquuires). (3) The staturory ground.(s) for divorce ( ). (are)33D1_(c), 3301td) 3301(a)(2) and 3301(a)(6) (4) Delete the. inapplicable paragraph(s): (a) The action is not contested. (b) An agreement has been reached with respect to the following claims: None (c) The action is contested with respect to the following claims: Divorce (5) The action a)c(does not involve) complex issues of law or fact. (6) The hearing is expected to take one ) (days). (1) Additional information, it any. re;,41(var/ 1 t_ ,motion: Date: August 21, 2007 AND NOW is appointed the following claims: for (Plain.t'f) ) i Sumple-Sullivan, Esquire LUI r_ N ' t t ?Z I ZZ D ?X ` "li C C IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 4 SCOTT M. COLEMAN IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY VS. CIVIL ACTION-DIVORCE ELLEN M. COLEMAN. Defendant No. 07-3331 PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY (Domestic Relations): Please enter the appearance of the Family Law Clinic on behalf of the Defendant, ROBERT E. RAINS THOMAS M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH MEGAN RIESMEYER KATE CRAMER LAWRENCE Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 Telephone: (717) 243-2968 Fax: (717) 243-3639 ELLEN M. COLEMAN, in the above-captioned matter. © c,' ) _, 2007 1Nkw1V7rm.rM"jr"00 . G miftGAN M. MICHAEL Certified Legal Intern ."%L SCOTT M. COLEMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs.. CIVIL ACTION-LAW DIVORCE ELLEN M. COLEMAN, Defendant No. 07-3331 CERTIFICATE OF SERVICE I, Megan M. Michael, Certified Legal Intern, Family Law Clinic, hereby certify that I am serving a true and correct copy of the Praecipe to Enter Appearance on Barbara Sumple- Sullivan, Esquire, Attorney for Scott M. Coleman, at 549 Bridge Street, New Cumberland, Pennsylvania, 17070 by depositing a copy of the same in the United States mail, first class, postage prepaid on November 1, 2007. 1/i4alK 17? , IN "L Mean M. Michael Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 .tai t-.... .. '' PQ 1 ? SCOTT M. COLEMAN, Plaintiff vs. ELLEN M COLEMAN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE No. 07-3331 PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow ELLEN M. COLEMAN, Defendant, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Respectfully submitted, Date - el) MMe96 M. Mich el Certified Legal Intern ROBERT E. RAINS THOMAS M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH MEGAN RIESMEYER KATE CRAMER LAWRENCE Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 . SCOTT M. COLEMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION-DIVORCE ELLEN M. COLEMAN, Defendant NO. 07-3331 CERTIFICATE OF SERVICE I, Megan M. Michael, Certified Legal Intern, Family Law Clinic, hereby certify that I am serving a true and correct copy of Defendant's Praecipe to Proceed In Forma Pauperis on Barbara Sumple-Sullivan, Esquire, Attorney for Scott M. Coleman, at 549 Bridge Street, New Cumberland, Pennsylvania, 17070 in the United States mail, first class, postage prepaid on November 1, 2007. 1 1 Megan. Mi hae Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 l ) '`-J `..`?".' ?^-? '?J ?? --?-' ?:;:;; ? t i -7' ?__:._ i_; ,_ _. ?? «.. ,.: 1 i .? '': t - ?:i t-?7 -. . ;° _.., .,. , - .. •• j ?? y? ?? C+ 6 .? "'? It SCOTT M. COLEMAN, Plaintiff/Respondent V. ELLEN M. COLEMAN, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DIVORCE NO. 07-3331 PETITION FOR EQUITABLE DISTRIBUTION AND NOW comes Ellen M. Coleman, the Defendant in the above-captioned divorce action, by and through her attorneys, the Family Law Clinic, and sets forth the following petition for equitable distribution, pursuant to Pa.R.C.P. No. 1920.15(b): 1. Petitioner is Ellen M. Coleman, an adult individual who currently resides at 779 Erford Road, Camp Hill, Cumberland County, Pennsylvania, 17011. 2. Respondent is Scott M. Coleman, an adult individual who currently resides at 195 Beagle Club Road, Carlisle, Cumberland County, 17013. 3. Petitioner and Respondent have been bona fide residents of the Commonwealth for at least six months immediately preceding the filing of this Petition. 4. Petitioner and Respondent were married on September 12, 1992 in Johnstown, Pennsylvania. 5. On June 5, 2007, Respondent filed a Complaint in Divorce, which is filed to the above- captioned docket. 6. During the course of the marriage, the parties acquired marital assets and debts subject to equitable distribution under Section 3502 of the Divorce Code, including but not limited to the following: a. Respondent's retirement and/or stock plan with United Parcel Service b. Checking Accounts c. Savings Accounts d. Vehicles e. Personal Property f. Credit Card Debt g. Utility debt h. Vehicle loans WHEREFORE, Petitioner requests that this Court equitably divide the marital property and debts between the parties and grant such other relief as the Court deems just. Date l0-3t` Respectfully submitted, Megan M. Michael Certified Legal Intern v4T?7 RO ERT E. RAINS THOMAS M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH MEGAN RIESMEYER KATE CRAMER LAWRENCE Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 Telephone: (717) 243-2968 Fax: (717) 243-3639 VERIFICATION I verify that the statements made in this Petition for Equitable Distribution are true and correct to the best of my personal knowledge, information and belief. 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: ` 0 en M. Coleman, Petitioner SCOTT M. COLEMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW DIVORCE ELLEN M. COLEMAN, Defendant NO. 07-3331 CERTIFICATE OF SERVICE I, Megan M. Michael, Certified Legal Intern, Family Law Clinic, hereby certify that I am serving a true and correct copy of Defendant's Petition for Equitable Distribution on Barbara Sumple -Sullivan, Esquire, Attorney for Scott M. Coleman, at 549 Bridge Street, New Cumberland, Pennsylvania, 17070 by depositing a copy of the same in the United States mail, certified, First Class, prepaid postage on November 1, 2007 . 1 M an. Micl ael Certified Legal Inter FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 1 r Z7 SCOTT M. COLEMAN, Plaintiff V. ELLEN M. COLEMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DIVORCE NO. 07-3331 AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on June 5, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) 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 resolution of my claim for equitable distribution of marital property. 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 ) 0 3 l Alen Ct:Lzlm? M. Coleman Defendant C\i f i C:7?\ 1 ' w {V 4.,,J SCOTT M. COLEMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW DIVORCE ELLEN M. COLEMAN, Defendant NO. 07-3331 WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice after resolution of my claim for equitable distribution of marital property. 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 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 unworn falsification to authorities. Date: 1 1 Icn ? k, L?? P41--n M. Coleman Defendant r CD SCOTT M. COLEMAN, Plaintiff V. ELLEN M. COLEMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DIVORCE NO. 07-3331 CERTIFICATE OF SERVICE I, Megan M. Michael, Certified Legal Intern, Family Law Clinic, hereby certify that I am serving a true and correct copy of Defendant's Affidavit of Consent and Waiver of Notice on Attorney Barbara Sumple-Sullivan, Esquire, Attorney for Plaintiff, at 549 Bridge Street, New Cumberland, Pennsylvania, 17070 by depositing a copy of the same in the United States mail, first class, postage prepaid on November 1, 2007. M gad M. Mic el Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 LD t _ F..:.S - Wr. 1 ? f t""' ? nl Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 SCOTT M. COLEMAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - DIVORCE ELLEN M. COLEMAN, Defendant NO. 07 - 3331 AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on June 5, 2007. 2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since the 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. 4. 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. 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. C.S.A. Section 4904 relating to unsworn falsification to authorities. DATE: !/ L 07 , 2007 ?L?v a-617? SCOTT M. COLEMAN E C -n HIM r ` N 4 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 SCOTT M. -- W,vL,r 1v1AN, Plaintiff V. ELLEN M. COLEMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - DIVORCE NO. 07 - 3331 WAIVER OF NOTICE OF INTENTION TO RE UEST ENTRY OF A DIVORCE DECREE UNDER 3301(c) OF THE DIVORCE CO-- 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. 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 affidavit are true and correct. I understand that false statement herein are made subject to the penalties of 18 Pa.C.S. 34904 relating to unsworn falsification to authorities. DATE: 1 i 2> 07 , 2007 SCOTT M. LEMAN C7 ^' Q -n s r - Ml Z SCOTT M. COLEMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL TERM - DIVORCE ELLEN M. COLEMAN, Defendant : NO. 07-3331 PETITION FOR LEAVE TO WITHDRAW Petitioner, The Family Law Clinic, hereby petitions for leave to withdraw from further representation of Ellen Coleman, pursuant to Pa.R.P.C. 1.16(b)(5) and Pa.R.C.P. 1012(c), and in support therefore avers the following: 1. The Family Law Clinic entered an appearance in the above captioned matter on behalf of Ellen Coleman on November 1, 2007. 2. On November 1, 2007, the Family Law Clinic filed a Petition for Equitable Distribution, Affidavit of Consent, and Waiver of Notice on behalf of Ellen Coleman. 3. On April 15, 2008, a Divorce Master Hearing was rescheduled for July 24, 2008. 4. On April 23, 2008, the Family Law Clinic notified Ms. Coleman by letter that the Divorce Master's Hearing had been rescheduled for July 24, 2008. 5. The Family Law Clinic sent letters to Ms. Coleman, requesting that she contact the Family Law Clinic to discuss her Divorce, on June 11, 2008, June 18, 2008, June 27, 2008, and July 9, 2008. 6. . Certified Legal Intern Angel Bradley attempted to reach Ms. Coleman by telephone on June 24, 2008 and June 26, 2008 at the contact numbers she provided the clinic. Ms. Bradley left messages both times. 7. In the letter sent July 9, 2008, the Family Law Clinic gave Ms. Coleman the deadline of close of business on July 14, 2008 to respond to the letters and phone messages or the Family Law Clinic would petition for leave to withdraw. Ms. Coleman has not responded. 8. The Family Law Clinic has sent all correspondence to Ms. Coleman addressed to 779 Erford Road, Camphill, PA 17011, the address she provided the Family Law Clinic. None of the letters the Family Law Clinic sent Ms. Coleman were returned by the United States Post Office as undeliverable. The Family Law Clinic has attempted to reach Ms. Coleman by telephone at various numbers she has provided. None of these telephone lines have been disconnected. 9. The Family Law Clinic does not believe it can adequately represent Ms. Coleman as she has failed to maintain contact with her attorneys. 10. Pursuant to C.C.R.P. 208.2(d), the Family Law Clinic sought concurrence from opposing counsel to this petition by leaving a message with her office on July 15, 2008 at approximately 11:00 a.m.. At the time of filing, opposing counsel has not contacted the Family Law Clinic. 11. The Honorable Edgar B. Bayley has previously ruled in this case. WHEREFORE, pursuant to Pa.R.P.C. 1.16(b)(5), the Family Law Clinic respectfully requests leave to withdraw from this action because Defendant has repeatedly failed to fulfill obligations and has been given reasonable warning that the Family Law Clinic will withdraw if those obligations were not fulfilled. Respectfully Submitted, Date: 7?5?a8' V . --T Nicole Berman Certified Legal Intern i Megan'esmeyer Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 SCOTT M. COLEMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL TERM -DIVORCE ELLEN M. COLEMAN, Defendant : NO. 07 - 3331 CERTIFICATE OF SERVICE I, Nicole Berman, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Petition for Leave to Withdraw on Ellen Coleman by depositing a copy of the same in the United States mail, postage prepaid addressed to 779 Erford Road, Camp Hill, Pennsylvania 17011 on July 15, 2008. Nicole Berman Certified Legal Intern Megan 'esmeyer Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 SCOTT M. COLEMAN, Plaintiff V. ELLEN M. COLEMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL TERM -DIVORCE NO. 07 - 3331 CERTIFICATE OF SERVICE I, Nicole Berman, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Petition for Leave to Withdraw on Scott Coleman, through his attorney, Barbara Sumple-Sullivan, by depositing a copy of the same in the United States mail, postage prepaid address to Barbara Sumple-Sullivan, 549 Bridge Street, New Cumberland, Pennsylvania 17070 on July 15, 2008. Nicole Berman Certified Legal Intern Meg 'esmeyer Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 ? ? m ? ('?. ? c? _ a ?'1 F ?' ", ?.."? ?? ; C' ?' t.4 r t _?' ( j =? =f ? ? ' --„ -t w 'JUL 15 2008 SCOTT M. COLEMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL TERM - DIVORCE ELLEN M. COLEMAN, Defendant : NO. 07-3331 ORDER F COURT AND NOW, this day of 08, upon consideration of the foregoing petition, it is hereby ordered that: 1. The Family Law Clinic's Petition for Leave to Withdraw from further representation of Ellen Coleman is granted. 2. Notice of the entry of this order shall be provided to all parties by the r- B/Y?'I'HE COURT ,? J / E . ??rr, a; ?'?? f?t,?,F?? ????€1`J d?-?''$' ?' ` - - ? ? :? ? ?a ? ?l,f 8??1? ,;,, .? SCOTT M. COLEMAN, Plaintiff VS. ELLEN M. COLEMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07 - 3331 CIVIL IN DIVORCE NOTICE OF FILING OF MASTER'S REPORT The report of the Master has been filed this date and copies have been sent with this notice to counsel of record and the parties. In accordance with P.R.C.P. 1920.55 within ten (10) days after the mailing of this notice and report exceptions may be filed to the report by any party. If no exceptions are filed within the ten (10) day period, the Court shall receive the report, and if approved, shall enter a final decree in accordance with the recommendations contained in the report. "Lls, ?-, Date: 7/25/08 E. Robert Elicker, II Divorce Master NOTE: If exceptions are filed, file the original with the Prothonotary and a copy with the Master's office. At that time, the party filing the exceptions should notify the court reporter in the Master's office so arrangements can be made for a transcript. Upon completion of the transcript and receipt of payment, the entire file will be returned to the Prothonotary's office for transmittal to the Court at time of argument on the exceptions. If no exceptions are filed, counsel shall prepare an order of Court consistent with the recommendations and provide a proposed order of Court to the Master. Counsel shall also prepare and provide with the proposed order of Court a praecipe* to the d? S" Prothonotary directing the Prothonotary to submit the case to the Court for final disposition. The Master will then transfer the file with the proposed order of Court and praecipe to the Prothonotary's Office for docketing and transmittal by the Prothonotary to the Court. * Form available in the Prothonotary's office and the Master's office. (NOT the praecipe to transmit the record form as set out in P.R.C.P. 1920.73(b).) C5 r'- ?`\} lij C-n CD SCOTT M. COLEMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VS. NO. 07 - 3331 CIVIL ELLEN M. COLEMAN, Defendant IN DIVORCE MASTER'S REPORT Proceedings held before E. Robert Elicker, II, Divorce Master 9 North Hanover Street, Carlisle, PA 17013 proceedings held on July 24, 2008 commencing at 9:00 a.m. APPEARANCES: Barbara Sumple-Sullivan Attorney for Plaintiff Ellen M. Coleman Defendant SCOTT M. COLEMAN, Plaintiff VS. ELLEN M. COLEMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07 - 3331 CIVIL IN DIVORCE THE MASTER: Today is Thursday, July 24, 2008. This is the date set for a hearing in the above-captioned divorce proceedings. Present in the hearing room are the Plaintiff, Scott M. Coleman, and his counsel Barbara Sumple-Sullivan, and the Defendant, Ellen M. Coleman, who is currently unrepresented. She had counsel but pursuant to an order of Judge Bayley, her counsel, the Family Law Clinic, was permitted to withdraw from the case on July 15, 2008. This action was commenced by the filing of a complaint in divorce on June 5, 2007. The complaint raised grounds for divorce of irretrievable breakdown of the marriage, indignities, and adultery. The Master has received from both parties affidavits of consent and waivers of notice of intention to request entry of divorce decree which have been signed by the parties and filed with the Prothonotary. Husband's affidavit and waiver were signed on November 21, 2007, and filed on November 21, 2007. Wife's affidavit and waiver were signed on October 31, 2007, and filed with the Prothonotary on November 1, 2007. 1 Consequently, there is no issue with respect to grounds for divorce and the parties will be able to conclude the divorce under Section 3301(c) of the Domestic Relations Code. The complaint as filed did not raise any economic claims; however, on November 1, 2007, the Defendant filed a request for equitable distribution. We are here today to resolve that issue. Neither of the parties have filed a claim for counsel fees or alimony. After discussion this morning and a previous conference, at which time the wife was represented, there was considerable discussion about two assets and their value. Attorney Sumple-Sullivan is going to go on the record and state her understanding of how the value of these assets was derived using, according to the Master's understanding, numbers that were presented and stipulated to by wife and her counsel at the time of the previous conference. Attorney Sumple-Sullivan, would you please identify the assets that we are talking about and then state how the values for those assets were derived. Additionally, would you also state on the record how we propose to distribute the UPS pension which would be done pursuant to a coverture formula and deferred distribution to wife of the benefit when husband retires. MS. SUMPLE-SULLIVAN: I'll address the pension first. Husband has secured a defined benefit plan 2 through the United Parcel Service during the course of the marriage. That benefit earned up until the date of separation will be divided between the parties based on the applicable coverture fraction and be payable at the time of husband's election for retirement date. Wife shall be responsible for drafting the QDRO necessary to make the division of the United Parcel Service pension. Wife shall be entitled to receive 50% of the marital portion of the monthly benefit which benefit was earned through the date of separation on May 4, 2007. The second category of asset is personal property. Incident to the case, husband had determined an estimated value of the personal property to be $15,275.00 and wife had agreed to $4,634.00. The other asset is a Saturn vehicle which husband has in his possession, a 2001 Saturn, which is encumbered by a loan due and payable to Wells Fargo, account No. 5023759506870-9001. The wife has indicated a net value pursuant to a stipulation of her counsel of $1,353.53 for said property. That was an estimated value of $5,545.00 less $4,191.47 due to the Wells Fargo loan. Husband had estimated the value of the Saturn to be $4,512.50 less the $4,191.47 loan due to Wells Fargo and an estimated value of $321.03. Based on acceptance of wife's numbers for the 3 personalty and the net value of the vehicle, it is requested that husband be assigned and receive the title to the Saturn. Husband is willing at this point to accept the responsibility for payment of the balance of the Wells Fargo account and will indemnify and hold wife harmless against that remaining balance in exchange for wife executing the title to the Saturn and releasing any ownership or possession claim for that vehicle. In exchange for husband's receipt of the Saturn, husband will waive all rights, title and claims for ownership of the marital personal property which is in the possession of wife, which property is valued at least at $4,634.00 by wife and $15,275.00 by husband. THE MASTER: CONCLUSION OF LAW The parties are entitled to a divorce under Section 3301(c) of the Domestic Relations Code based on the affidavits and waivers that have been signed and filed with the Prothonotary's office indicating consent to the divorce under Section 3301(c) of the Domestic Relations Code. DISCUSSION The Master has taken into account the statement of attorney Sumple-Sullivan with respect to the value of the assets which have been based on stipulations provided previously by wife, and the Master accepts those 4 statements as representative of the value of the assets that are to be distributed, namely, the household tangible personal property and the 2001 Saturn vehicle. RECOMMENDATIONS Husband shall receive the 2001 Saturn vehicle and wife shall execute any documents necessary to transfer title to said vehicle within thirty (30) days of today's date or when the vehicle title is available for signature which may be after the loan has been paid. With respect to the loan with Wells Fargo, husband has agreed to make the monthly payments on said vehicle which represent approximately one year of additional payments and husband will indemnify and save wife harmless on account of claims by Wells Fargo against wife on account of the loan. As noted, after the loan is paid, it is perhaps at that time that wife will be requested to sign the required documents to transfer the title when the title is available. Husband's attorney has also suggested that rather than waiting until the 12 months have passed, that she will prepare a power of attorney for wife's signature to allow the transfer to occur at the appropriate time when the title is available. Upon presentation to wife of a power of attorney, she will cooperate in executing said power of attorney before a notary. With respect to the household tangible 5 personal property, wife shall retain said property, free of any claims by husband, as her sole and separate property. Currently the household tangible property is in the possession of wife so there will be no need to make a transfer of said property at this time. Husband's pension with UPS shall be distributed pursuant to a QDRO using the coverture formula reflecting the marital portion. Wife shall be entitled to 50% of the monthly benefit based on the coverture formula at the time of husband's retirement. Wife shall be responsible for preparing the QDRO to effectuate distribution of the benefit to which she is entitled. The parties have indicated that there is some issue with regard to debt but the Master is going to leave the parties where they are with respect to the debt since the Master in any event cannot bind creditors. The debt that the Master is speaking of is in regard to credit cards. The parties are liable to the creditors for those debts but the Master has not been provided any information that the creditors are making any current claims for payment or have filed any lawsuits for collection of those debts. Husband has indicated that he did pay the Capital One PPL card in the amount of $356.81 which represents a compromise payment. With respect to the other debt as noted, which consists of a Capital One card, Drew's hospital bill, 6 and three other credit cards with Fingerhut, Target, and HSBC, husband has no knowledge of their existence. Further, no date of separation balances have been provided. It is believed that those last three accounts are in wife's name alone. The parties, therefore, are liable to the creditors as the creditors may make claims against them for this debt. The Master is not going to do any allocation with respect to the debt, and has no evidence of payments on account of the debt or the balances, and specifically, the Master is not aware of any current lawsuits pending on these obligations or that any payments have been made or if there is any deficiency or compromise on these debts. Respectfully submitted, &4-4-te?A E. Robert Elicker, II Divorce Master 7 ?? y ---i ' ~ X--? ?. -t'i 'r N _ ` `- v, % c?.j . .w,x _ . ?- -. } -n _??a r f1 ?. I . SCOTT M. COLEMAN Plaintiff V. ELLEN M. COLEMAN Defendant Dear Sir/Madam: E Y :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL LAW- DIVORCE :DOCKET NO. 07-3331 -icy M CDmmema-bons I am filing for exceptions in the Divorce Master's Ruling and Recommendations dated July 25, 2008. The exceptions are as follows: A. The Husband should be made to sell the Saturn and divide the proceeds with Wife, as she also has an interest in the Saturn, based on the fact that her name is on the loan that is financed through Wells Fargo on this vehicle. And the Court must take into consideration that even though Husband agrees to continue to pay the loan on a timely basis and will indemnify and hold Wife harmless against that remaining balance, the Court cannot bind creditors. Since the court cannot guarantee that Husband will not default on this loan, and cannot stop the bank from proceeding with legal action against the Wife since her name is on the loan, the only options the Court has is to Order the Saturn to be sold and the proceeds divided equally among the parties. B. The Master did not give Wife the chance to provide information that the Credit Cards that were in question were indeed acquired during the marriage and that they have been set for legal action against the parties. These Credit Cards were used to purchase dinners, gas for cars, and several other items that the parties both enjoyed or benefitted from during their marriage and should both be equally responsible for the bill on each card. There was also no consideration or allowance by the Master for the payments made on these bills after the separation. C. The Wife had suggested that there be a public sell for all items, including the Saturn and the proceeds be divided, to ensure that all outstanding debts be satisfied. There was a major difference of the value of the personal property owned by the parties, at the time of their separation. The fact that the Master did not take into consideration was what the Husband claimed as personal property at the time of separation. The items that Husband itemized were mostly disposable property, such as laundry detergent which would have no real value. The Court must take into consideration that these are divorce proceedings not an over inflated itemized bill for an insurance company after a loss. Husband has itemized the personal property as such. i 1% D. The Court must also take into consideration the Master's own admittance that he cannot legally bind creditors to any obligations in which both parties have an interest in a bill or loan due to the creditor, and because of this admittance by the Master the Court must not allow Husband to retain the Saturn since this is the only real property that is owned jointly by the parties. It must be Ordered that the Saturn be sold and the proceeds be divided after the loan to the creditor is paid in full, legally closing the account and no longer showing a balance in which either party can be held liable for. E. In regards to the UPS pension since the parties are still legally married, the pension proceeds should be taken to the date when the final divorce decree is entered with the Court. This means that instead of the pension proceeds to the Wife stopping at the date of the parties separation, it should be continued up until a final divorce decree is entered by the Court, which would extend the amount of the pension due to the Wife, by over a year. F. The Court must also take into consideration that Husband may become eligible for his pension sooner than presented by the Husband to the Master, since this is true Husband should be made to take a buy out to Wife and pay her up front the full amount due to her. G. The Court must also look at the fact that if the Wife is presented with a Power of Attorney by Husband for the Saturn at the present time, there is no guarantee that the Husband will continue to pay the loan on the vehicle which in financed in both parties names and Husband could potentially sell the Saturn and benefit from the proceeds while still leaving Wife liable for the outstanding debt due on the loan since the Court cannot bind creditors. B'D ""-/D g-q-o& Cy { _. ? CID Sl -f , v'?J Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 SCOTT M. COLEMAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-DIVORCE ELLEN M. COLEMAN, Defendant NO. 07-3331 MOTION TO STRIKE DEFENDANT'S EXCEPTIONS TO DIVORCE MASTER' S RULING AND RECOMMENDATION This Motion to Strike is filed by Plaintiff, Scott M. Coleman, and asserts as follows: On July 25, 2008, after a hearing in this matter, a Master's Report was filed by E. Robert Elicker, II, Divorce Master. A true and correct copy of same is attached hereto as Exhibit A. 2. Said Master's Report set forth Recommendations as to the division of certain marital assets. 3. Thereafter, Defendant filed Exceptions to the Divorce Master's Ruling and Recommendation on or about August 4, 2008. 4. By way of local procedure, the matter was automatically listed for argument court on September 3, 2008. 5. Pursuant to C.C.R.C.P. 1028(c)(5) briefs are due to be filed with the Court Administrator before argument. The party seeking the order shall furnish the brief and serve a copy of the brief upon the opposing counsel twelve days before the date set for argument. 6. Defendant's brief was due to be filed and served on or before Friday, August 22, 2008. 7. To date, no brief has been filed or served upon Plaintiff by Defendant. 8. Argument may be denied to any party who fails to comply with the filing requirements for brief for argument court pursuant to C.C.R.C.P. 1028(c)(5). Further, this rule provides that if the party seeking the order has not filed a timely brief, the court may deny the relief sought on that basis alone. 9. Plaintiff requests that Defendant's Exceptions to Divorce Master's Ruling and Recommendation be denied and the argument court scheduled for September 3, 2008 be cancelled. 2 10. It is noted that throughout these proceedings, Defendant has filed exceptions or other request for reconsideration to every Order entered in this or related matters. Specifically, Defendant filed: a. Exceptions to the August 8, 2007 Support Order; b. Exceptions to the December 31, 2007 Support Order; and c. Motion for Reconsideration of the March 27, 2008 Custody Order. 11. All exceptions and requests for reconsideration have been denied. 12. Plaintiff believes and therefore avers that this pattern of behavior by Defendant is meant to harass Plaintiff and increase his counsel fees and costs so as to make his pursuit of custody impossible. 13. Defendant has been represented by Mid Penn Legal Services and the Dickenson Law School Clinic. Both counsel have sought court approval to withdraw. 14. Defendant's behavior is vexatious and oppressive. 15. The Honorable Judge Edgar B. Bayley was assigned to the motion for withdrawal of Defendant's counsel for the divorce action on the eve of the Master's Hearing. The Honorable Judge Kevin A. Hess was previously assigned to the custody matter and The Honorable Judge M.L. Ebert and 3 Judge Edward E. Guido were both previously assigned to the support action between the parties. WHEREFORE, Petitioner requests that Defendant's Exceptions to Divorce Master's Ruling and Recommendation be denied and the argument court scheduled for September 3, 2007 be cancelled. DATE: August 28, 2008 ?cuvaaa aumpie-aulllvan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 Attorney for Petitioner 4 Respectfully submitted, Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 SCOTT M. COLEMAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-DIVORCE ELLEN M. COLEMAN, Defendant NO. 07-3331 CERTIFICATE OF SERVICE I, BARBARA SUMPLE-SULLIVAN, ESQUIRE, do hereby certify that on this date, I served a true and correct copy of the Petition for Denial, in the above-captioned matter upon the following individual(s), by via United States first-class mail, postage prepaid, addressed as follows: Ms. Ellen M. Coleman 779 Erford Road Camp Hill, PA 17011 DATE: August 28, 2008 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 Attorney for Petitioner 5 SCOTT M. COLEMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 07-3331 CIVIL ELLEN M. COLEMAN, Defendant IN DIVORCE IN RE: DEFENDANT'S EXCEPTIONS TO DIVORCE MASTER'S RULING AND RECOMMENDATION BEFORE HESS, OLER AND EBERT, J.J. ORDER AND NOW, this 14` day of September, 2008, following scheduled argument at which the defendant neither appeared nor filed a brief, the court finding that the exceptions of the defendant are, in any event, without merit, the exceptions of the defendant to the Divorce Master's Ruling and Recommendation are DENIED. BY THE COURT, A. Hess, J. ?Barbara Sumple-Sullivan, Esquire For the Plaintiff Z Ellen Coleman, Pro Se Defendant :rlm v_ "vAl,-kS?o;N -Ijd Q? Vv ZZ S E 3Hi 40 Barbara Sumple-Sullivan, Esquire OCT p ?.LUUd? Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 SCOTT M. COLEMAN, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - DIVORCE ELLEN M. COLEMAN, ; Defendant NO. 07 - 3331 ORDER AND NOW, 6tz/? G- , 2008, the appointment of E. Robert Elicker,11, Esquire as Divorce Master in the above captioned matter is hereby revoked pursuant to his Report dated July 25, 2008. BY THE COURT: Distribution: toAarbara Sumple-Sullivan, Esquire, 549 Bridge Street, New Cumberland, PA 17070 j,Xs. Ellen M. Coleman, 29 East Locust Street, Mechanicsburg, PA 17055 `3df1J 90 ?h Wd 9-130 sooz 6 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 SCOTT M. COLEMAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION -DIVORCE ELLEN M. COLEMAN, Defendant NO. 07 - 3331 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: Certified Mail Restricted Delivery on June 7, 2007. 3. Date of execution of the Affidavit of Consent required by § 3301(c) of the Divorce Code: by Plaintiff: November 21, 2007; by Defendant: October 31, 2007. 4. Related claims pending: None. 5. Date Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with Prothonotary: November 21, 2007. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with Prothonotary: November 1, 2007. Dated: September 23, 2008 Soy tindge street New Cumberland, PA 17070-1931 (717)-774-1445 Supreme Court ID #32317 Attorney for Plaintiff Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 SCOTT M. COLEMAN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA. V. : CIVIL ACTION -DIVORCE ELLEN M. COLEMAN, Defendant : NO. 07 - 3331 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: Certified Mail Restricted Delivery on June 7, 2007. 3. Date of execution of the Affidavit of Consent required by § 3301(c) of the Divorce Code: by Plaintiff: November 21, 2007; by Defendant: October 31, 2007. 4. Related claims pending: None. 5. Date Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with Prothonotary: November 21, 2007. Date Defendant's Waiver of Notice in §33 ) Divorce was filed with Prothonotary: November 1, 2007. Dated: September 23, 2008 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717)-774-1445 Supreme Court ID #32317 Attorney for Plaintiff Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 SCOTT M. COLEMAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vi. : CIVIL ACTION -DIVORCE ELLEN M. COLEMAN, Defendant : NO. 07 - 3331 CERTIFICATE OF SERVICE I, BARBARA SUMPLE-SULLIVAN, ESQUIRE, do hereby certify that on this date, I served Praecipe to Transmit, in the above-captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: Ms. Ellen M. Coleman 29 East Locust Street Mechanicsburg, PA 17055 DATE: September 23, 2008 Jrbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 Attorney for Plaintiff Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 SCOTT M. COLEMAN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vi. : CIVIL ACTION -DIVORCE ELLEN M. COLEMAN, : Defendant NO. 07 - 3331 AMENDED CERTIFICATE OF SERVICE I, BARBARA SUMPLE-SULLIVAN, ESQUIRE, do hereby certify that on this date, I served Praecipe to Transmit, in the above-captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: Ms. Ellen M. Coleman 29 East Locust Street Mechanicsburg, PA 17055 DATE: October 24, 2008 (717) 774-1445 Supreme Court I.D. 32317 Attorney for Plaintiff a-T7 1311U,,V ?7uGGL New Cumberland, PA 17070-1931 L ° " E • n L? S IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. SCOTT M. COLEMAN, Plaintiff VERSUS ELLEN M. COLEMAN, Defendant 07 - 3331 No. DECREE IN DIVORCE AND NOW, 0"'h"' Z-?,- Scott M. Coleman DECREED THAT Ellen M. Coleman AND ARE DIVORCED FROM THE BONDS OF MATRIMONY. , 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; None. PROTHONOTARY 2008 , IT IS ORDERED AND -? ? ?? ??"?' ?,: ,,;t?. ?,*, Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 SCOTT M. COLEMAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - DIVORCE ELLEN M. COLEMAN, Defendant NO. 07-3331 PETITION FOR ENFORCEMENT Petitioner is Plaintiff, Scott M. Coleman, an individual residing at 195 Beagle Club Road, Carlisle, Cumberland County, Pennsylvania. 2. Respondent is Defendant, Ellen M. Coleman, an individual residing at 29 Locust Street Mechanicsburg, Cumberland County, Pennsylvania. 3. The parties were married on September 12, 1990 and separated May 4, 2007. 4. On July 24, 2008, a hearing was held before E. Robert Elicker, II, Divorce Master, regarding the claims of the above captioned divorce. Following the hearing, Divorce Master Elicker entered Recommendations, which resolved all issues surrounding the parties' divorce issues and resulted in the Divorce Decree entered on October 29, 2008. True and correct copies of same are attached hereto as Exhibit A. 6. Page 5 of Divorce Master Elicker's Recommendation provides specifically: Husband shall receive the 2001 Saturn vehicle and wife shall execute any documents necessary to transfer title to said vehicle within thirty (30) days of today's date or when the vehicle title is available for signature which may be after the loan has been paid... Husband's attorney has also suggested that rather than waiting until the 12 months have passed, that she will prepare a power of attorney for wife's signature to allow the transfer to occur at the appropriate time when the title is available. Upon presentation to wife of a power of attorney, she will cooperate in executing said power of attorney before a notary. 7. On September 12, 2008, October 24, 2008 and December 5, 2008, Respondent has been personally presented with the proposed power of attorney by counsel for Petitioner when she appeared for custody related issues. A true and correct copy of the proposed power of attorney is attached hereto as Exhibit B. 8. Respondent continues to refuse to sign the required power of attorney. 9. Petitioner requests enforcement of the agreement an a award of counsel fees in accordance with Sections 3105(a) and 3502(e) of the Divorce Code of 1980. 10. Petitioner requests this Honorable Court enter an Order requiring Respondent to immediately execute the proposed power of attorney attached hereto as Exhibit B. 2 11. Petitioner also requests this Honorable Court enter judgment against Respondent for Petitioner's counsel fees in the amount of $300.00 incurred in the preparation, filing, and hearing of this Petition. 12. The Honorable Judge Kevin A. Hess was previously assigned to the custody matter and entered the Divorce Decree. 13. No concurrence has been received from Respondent. WHEREFORE, Petitioner requests this Honorable Court enter an Order requiring Respondent to immediately execute the proposed power of attorney attached to this Petition for Enforcement as Exhibit B and enter judgment against Respondent for Petitioner's counsel fees in the amount of $300.00 incurred in the preparation, filing, and hearing of this Petition. y DATE: December 12, 2008 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 Attorney for Petitioner 3 Exhibit A SCOTT M. COLEMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VS. NO. 07 - 3331 CIVIL ELLEN M. COLEMAN, Defendant IN DIVORCE rr MASTER'S REPORT ^r, L, Proceedings held before E. Robert Elicker, II, Divorce Master 9 North Hanover Street, Carlisle, PA 17013 proceedings held on July 24, 2008 commencing at 9:00 a.m. APPEARANCES: Barbara Sumple-Sullivan Attorney for Plaintiff Ellen M. Coleman Defendant SCOTT M. COLEMAN, Plaintiff VS. ELLEN M. COLEMAN, . Defendant THE MASTER: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07 - 3331 CIVIL IN DIVORCE Today is Thursday, July 24, 2008. This is the date set for a hearing in the above-captioned divorce proceedings. Present in the hearing room are the Plaintiff, Scott M. Coleman, and his counsel Barbara Sumple-Sullivan, and the Defendant, Ellen M. Coleman, who is currently unrepresented. She had counsel but pursuant to an order of Judge Bayley, her counsel, the Family Law Clinic, was permitted to withdraw from the case on July 15, 2008. This action was commenced by the filing of a complaint in divorce on June 5, 2007. The complaint raised grounds for divorce of irretrievable breakdown of the marriage, indignities, and adultery. The Master has received from both parties affidavits of consent and waivers of notice of intention to request entry of divorce decree which have been signed by the parties and filed with the Prothonotary. Husband's affidavit and waiver were signed on November 21, 2007, and filed on November 21, 2007. Wife's affidavit and waiver were signed on October 31, 2007, and filed with the Prothonotary on November 1, 2007. 1 Consequently, there is no issue with respect to grounds for divorce and the parties will be able to conclude the divorce under Section 3301(c) of the Domestic Relations Code. The complaint as filed did not raise any economic claims; however, on November 1, 2007, the Defendant filed a request for equitable distribution. We are here today to resolve that issue. Neither of the parties have filed a claim for counsel fees or alimony. After discussion this morning and a previous conference, at which time the wife was represented, there was considerable discussion about two assets and their value. Attorney Sumple-Sullivan is going to go on the record and state her understanding of how the value of these assets was derived using, according to the Master's understanding,.numbers that were presented and stipulated to by wife and her counsel at the time of the previous conference. Attorney Sumple-Sullivan, would you please identify the assets that we are talking about and then state how the values for those assets were derived. Additionally, would you also state on the record how we propose to distribute the UPS pension which would be done pursuant to a coverture formula and deferred distribution to wife of the benefit when husband retires. MS. SUMPLE-SULLIVAN: I'll address the pension first. Husband has secured a defined benefit plan 2 through the United Parcel Service during the course of the marriage. That benefit earned up until the date of separation will be divided between the parties based on the applicable coverture fraction and be payable at the time of husband's election for retirement date. Wife shall be responsible for drafting the QDRO necessary to make the division of the United Parcel Service pension. Wife shall be entitled to receive 500 of the marital portion of the monthly benefit which benefit was earned through the date of separation on May 4, 2007. The second category of asset is personal property. Incident to the case, husband had determined an estimated value of the personal property to be $15,275.00 and wife had agreed to $4,634.00. The other asset is a Saturn vehicle which husband has in his possession, a 2001 Saturn, which is encumbered by a loan due and payable to Wells Fargo, account No. 5023759506870-9001. The wife has indicated a net value pursuant to a stipulation of her counsel of $1,353.53 for said property. That was an estimated value of $5,545.00 less $4,191.47 due to the Wells Fargo loan. Husband had estimated the value of the Saturn to be $4,512.50 less the $4,191.47 loan due to Wells Fargo and an estimated value of $321.03. Based on acceptance of wife's numbers for the 3 personalty and the net value of the vehicle, it is requested that husband be assigned and receive the title to the Saturn. Husband is willing at this point to accept the responsibility for payment of the balance of the Wells Fargo account and will indemnify and hold wife harmless against that remaining balance in exchange for wife executing the title to the Saturn and releasing any ownership or possession claim for that vehicle. In exchange for husband's receipt of the Saturn, husband will waive all rights, title and claims for ownership of.the marital personal property which is in the possession of wife, which property is valued at least at $4,634.00 by wife and $15,275.00 by husband. THE MASTER: CONCLUSION OF LAW The parties are entitled to a divorce under Section 3301(c) of the Domestic Relations Code based on the affidavits and waivers that have been signed and filed with the Prothonotary's office indicating consent to the divorce under Section 3301(c) of the Domestic Relations Code. DISCUSSION The Master has taken into account the statement of attorney Sumple-Sullivan with respect to the value of the assets which have been based on stipulations provided previously by wife, and the Master accepts those 4 statements as representative of the value of the assets that are to be distributed, namely, the household tangible personal property and the 2001 Saturn vehicle. RECOMMMMAATIONS Husband shall receive the 2001 Saturn vehicle and wife shall execute any documents necessary to transfer title to said vehicle within thirty (30) days of today's date or when the vehicle title is available for signature which may be after the loan has been paid. With respect to the loan with Wells Fargo, husband has agreed to make the monthly payments on said vehicle which represent approximately one year of additional payments and husband will indemnify and save wife harmless on account of claims by Wells Fargo against wife on account of the loan. As noted, after the loan is paid, it is perhaps at that time that wife will be requested to sign the required documents to transfer the title when the title is available. Husband's attorney has also suggested that rather than waiting until the 12 months have passed, that she will prepare a power of attorney for wife's signature to allow the transfer to occur at the appropriate time when the title is available. Upon presentation to wife of a power of attorney, she will cooperate in executing said power of attorney before a notary. With respect to the household tangible 5 personal property, wife shall retain said property, free of any claims by husband, as her sole and separate property. Currently the household tangible property is in the possession of wife so there will be no need to make a transfer of said property at this time. Husband's pension with UPS shall be distributed pursuant to a QDRO using the coverture formula reflecting the marital portion. Wife shall be entitled to 50% of the monthly benefit based on the coverture formula at the time of husband's retirement. Wife shall be responsible for preparing the QDRO to effectuate distribution of the benefit to which she is entitled. The parties have indicated that there is some issue with regard to debt but the Master is going to leave the parties where they are with respect to the debt since the Master in any event cannot bind creditors. The debt that the Master is speaking of is in regard to credit cards. The parties are liable to the creditors for those debts but the Master has not been provided any information that the creditors are making any current claims for payment or have filed any lawsuits for collection of those debts. Husband has indicated that he did pay the Capital One PPL card in the amount of $356.81 which represents a compromise payment. With respect to the other debt as noted, which consists of a Capital One card, Drew's hospital bill, 6 and three other credit cards with Fingerhut, Target, and HSBC, husband has no knowledge of their existence. Further, no date of separation balances have been provided. It is believed that those last three accounts are in wife's name alone. The parties, therefore., are liable to the creditors as the creditors may make claims against them for this debt. The Master is not going to do any allocation with respect to the debt, and has no evidence of payments on account of the debt or the balances, and specifically, the Master is not aware of any current lawsuits pending on these obligations or that any payments have been made or if there is any deficiency or compromise on these debts. Respectfully submitted, E. Robert Elicker, II Divorce Master 7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. SCOTT M. COLEMAN, ?? ?° Plaintiff VERSUS ELLEN M. COLEMAN, - > . 07 - 3331 No. Defendant DECREE IN DIVORCE October 29 2008 AND NOW, IT IS ORDERED AND Scott M. Coleman DECREED THAT PLAINTIFF, Ellen M. Coleman AND DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY 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; None. BY THE COURT: Kevin A. Hess ATTEST: J PROTHONOTARY Certified Copy Issued: ?tober 29, 008 Exhibit B LIMITED POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That I, Ellen M. Coleman of Cumberland County, Pennsylvania, have made, constituted, and appointed, and by these presents do make, constitute and appoint, Scott M. Coleman, my true and lawful Attorney-in-fact, with regard to the 2001 Saturn (VIN: I G8JU52F6 I Y520465) for me and in my name and on my behalf, generally to perform all matters and things, make, execute and acknowledge all writings and instruments which may be requisite or proper to transfer title of said vehicle to himself or any other person he deems appropriate, with the same powers, and to all intents and purposes with the same validity as I could, if personally present; hereby confirming whatever my attorney-in-fact shall do by virtue of the powers granted in this instrument. IN WITNESS WHEREOF, I have hereon to set my hand and seal this day of 92008. ELLEN M. COLEMAN COMMONWEALTH OF PENNSYLVANIA ) ) SS. COUNTY OF ) Before me, the undersigned officer, personally appeared Ellen M. Coleman, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Limited contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARY PUBLIC Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 SCOTT M. COLEMAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - DIVORCE ELLEN M. COLEMAN, Defendant NO. 07-3331 VERIFICATION I, Barbara Sumple-Sullivan, Esquire, am the attorney for Scott M. Coleman, from whom verification cannot be obtained within the time allowed for filing of this Petition. Therefore, I hereby make this verification and believe that I have sufficient knowledge or information and belief as Attorney for Scott M. Coleman to make this Verification and that the facts set forth in the foregoing Petition are true and correct to the best of my knowledge, information and belief. Dated: December 12, 2008 Attorney for Plaintiff 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 Supreme Court I.D. No. 32317 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 o..vi 1 iv1. I,VLLMAN, Plaintiff V. ELLEN M. COLEMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -DIVORCE NO. 07-3331 CERTIFICATE OF SERVICE I, BARBARA SUMPLE-SULLIVAN, ESQUIRE, do hereby certify that on this date, I served a true and correct copy of the Petition for Enforcement, in the above-captioned matter upon the following individual(s), by via facsimile and United States first-class mail, postage prepaid, addressed as follows: Ms. Ellen M. Coleman 29 Locust Street Mechanicsburg, PA 17011 DATE: December 12, 2008 ?a Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 Attorney for Petitioner ' ? ` °? ? f - =?? ? -?- i _ '. ? _? _?. -?? ?: ??? ?si ?.?. ,? ?? _ " , -- ri ,,,'., . . ?-J .. .:? ?.:, ..?. Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 SCOTT M. COLEMAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - DIVORCE ELLEN M. COLEMAN, Defendant NO. 07-3331 RULE AND NOW, this /8' day of , 2008, it is Ordered and Decreed that Respondent shall file a Rule returnable within (_go ) days of the date of this Order to show cause why Petitioner's Petition for Enforcement should not be granted. Failure to timely file said Rule will result in Petitioner's Petition for Enforcement to be GRANTED. (OR) A hearing is hereby scheduled to be held before the undersigned, in Court Room No. of the Cumberland County Courthouse in Carlisle, Pennsylvania, commencing at _m. on the day of , 200 BY THE COURT: J. Kevin )A. Hess stribution: ? s. Ellen M. Coleman, 29 Locust Street, Mechanicsburg, PA 17011 Barbara Sumple-Sullivan, Esquire, 549 Bridge Street, New Cumberland, PA 17070 c6p ieS m?14ZL ra/rS?oB TLt.? °a ?,f'sl ?4J Z •06 81 330 90OZ SCOTT M. COLEMAN Plaintiff V. ELLEN M. COLEMAN Defendant :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - DIVORCE :NO. 07-3331 RESPONDENT'S ANSWER TO PETITIONER'S PETITION FOR ENFORCEMENT 1. Respondent is Defendant, Ellen M. Coleman, an individual residing at 29 East Locust Street, Mechanicsburg, Cumberland County, Pennsylvania. 2. Petitioner is Plaintiff, Scott M. Coleman, an individual residing at 195 Beagle Club Road, Carlisle, Cumberland County,. Pennsylvania. 3. The parties were married on September 12, 1992 and separated May 4, 2007. 4. On July 24, 2008, a hearing was held before E. Robert Elicker, Il, Divorce Master, regarding the claims of the above captioned divorce. 5. Following the hearing Divorce Master Elicker entered Recommendations, which resolved all issues surrounding the parties' divorce issues and resulted in the Divorce Decree entered on October 29, 2008. True and correct copies of same are attached here to as Exhibit A. 6. Page 5 of Divorce Master Elicker's Recommendations provides specifically: Husband shall receive the 2001 Saturn vehicle and wife shall execute any documents necessary to transfer title to said vehicle within thirty(30) days of today's date or when the vehicle title is available for signature which may be after loan has been paid; Husband's attorney has also suggested that rather than waiting until the 12 months have passed, that she will prepare a power of attorney for wife's signature to allow the transfer to occur oat the appropriate time when the title is available. Upon presentation to wife of a power of attorney, she will cooperate in executing said power of attorney before a notary. 7. It is furthermore, specifically stated on page 4 of the Master's Recommendations that: Husband is willing at this point to accept the responsibility for the payment of the balance of the Wells Fargo account and will indemnify and hold wife harmless against that remaining balance in exchange for wife executing the title to the Saturn and releasing any ownership or possession claim for that Vehicle. 8. It is also stated by the Master, himself, on page 6 of his Recommendations that: The parties have indicated that there is some issue with regard to debt but the Master is going to leave the parties' where they are with respect to the debt since the Master in any event cannot bind creditors. The parties' are liable to the creditors for those debts. 9. Respondent refuses to sign the required power of attorney as long as her name is listed on the loan in which is on the Saturn through Wells Fargo. 10. Respondent requests that the Petitioner be required to pay the Wells Fargo loan in full, before signing any documents foregoing any rights to the vehicle. 11. Respondent also requests that the attorney fee's for the Defendant be paid solely by him as he chooses to have private counsel represent him. 12. The Honorable Judge Kevin A. Hess has entered the Divorce Decree. 13. Since neither the Master, nor the Court can guarantee that the Petitioner will not default on said loan of the Saturn, vehicle, nor bind the creditors not to hold Respondent responsible for the loan if the loan is defaulted on leaving the Respondent more or less stuck paying for a vehicle in which she no longer has claim to therefore, leaving her no choice but to also default on the loan, therefore causing her a hardship, the Court must not force Respondent to sign off on property in which she is entitled to should the Petitioner default on the loan. 14. The Court can overrule the Master and Order the Vehicle to be sold for the book value and allow the Petitioner to pay off the loan and keep the remaining proceeds, therefore, insuring that the loan cannot be defaulted on and the Respondent be responsible for a Vehicle in which she has no claim to. WHEREFORE, Respondent requests this Honorable Court deny the Petitioner's Petition for Enforcement as well as deny the Petitioner any counsel fees in any amount. December 26, 2008 Respectfully Submitted, 6( Hen Coleman Pro Se 29 East Locust Street Mechanicsburg, PA 17055 SCOTT M. COLEMAN :IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - DIVORCE ELLEN M. COLEMAN :NO. 07-3331 Defendant VERIFICATION I, Ellen Coleman hereby verify that the information contained in the Respondent's Answer to the Petitioner's Petition for Enforcement is true to the best of my knowledge and belief. I - I--, Ellen Coleman A SCOTT M. COLEMAN :IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :CIVIL ACTION - DIVORCE ELLEN M. COLEMAN :NO. 07-3331 Defendant CERTIFICATE OF SERVICE I, ELLEN COLEMAN, do hereby certify that on this date, I served a true copy and correct copy of the Respondent's Answer, in the above captioned matter upon the following individual by United States first-class mail, postage prepaid, addressed as follows: Barbara Sumple Sullivan 549 Bridge Street New Cumberland, PA 17070 December 26, 2008 El kColeman" ?, ?.?:, ?,? ? ? ?..? i \ ?.+w! .. ` ?t ? k .. SCOTT M. COLEMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 07-3331 CIVIL ELLEN M. COLEMAN, Defendant IN CUSTODY ORDER AND NOW, this 2 7' day of March, 2009, in consideration of the within petition and answer filed thereto, and it appearing that, while the husband assumed responsibility for the payment of the balance of the Wells Fargo account, there was no requirement that he pay the loan in full prior to the wife's signing a power of attorney for the purpose of effecting transfer of title of their 2001 Saturn vehicle, the respondent, Ellen M. Coleman, is directed to comply with the Divorce Master's recommendation and execute the power of attorney attached to the Petition for Enforcement as Exhibit B and return same to petitioner's counsel within ten (10) days of this order. BY THE COURT, Kevin X Hess, J. a bara Sumple-Sullivan, Esquire For the Plaintiff ?en M. Coleman, Pro Se Defendant :rlm F?LEU-0;:FI E OF THE 2089 FEAR 27 AM CO. 3 7 y f 3?}} 3 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 SCOTT M. COLEMAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION -DIVORCE ELLEN M. COLEMAN, Defendant NO. 07-3331 PETITION FOR CONTEMPT 1. Petitioner is Plaintiff, Scott M. Coleman, an individual residing at 195 Beagle Club Road, Carlisle, Cumberland County, Pennsylvania. 2. Respondent is Defendant, Ellen M. Coleman, an individual residing at 29 Locust Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. On December 15, 2008, Petitioner filed a Petition to require that Respondent execute a Power of Attorney pursuant to the Master's order. 4. On March 27, 2009, The Honorable Kevin A. Hess, after issuance of a Rule and response by the Respondent thereto, ordered that Respondent execute the Power of Attorney. A copy of the Order is attached hereto as Exhibit "A." 5. The Power of Attorney was to be signed ten (10) days after the issuance of the March 27, 1 2009 Order. 6. Respondent failed to respond. 7. Anticipating Respondent's "excuse", Petitioner's counsel forwarded another copy of the Power of Attorney to Respondent on April 9, 2009. A copy of the letter of transmittal and Power of Attorney are attached hereto as Exhibit "B." 8. Respondent has even failed to return the executed Power of Attorney within ten (10)days of the counsel's letter of April 9, 2009. 9. Respondent is in contempt of the Court Order. 10. Respondent continues to act knowingly, intentionally and willingly to violate Orders of this Court. 11. Petitioner requests that Respondent be ordered to execute the Power of Attorney. 12. Petitioner requests that Respondent be ordered to pay counsel fees of $750.00. 13. Petitioner requests that Respondent be cited for contempt and sanctions be entered against her of additional fines and/or incarceration as the Court shall deem appropriate. 2 WHEREFORE, Petitioner requests this Honorable Court enter an Order: Holding Respondent in contempt of the various orders and fine and/or otherwise incarcerate Respondent for said contempt; ii. Requiring immediate compliance with the March 27, 2009 Court Order; iii. Respondent is immediately required to sign and return the Power of Attorney; and iv. Any other relief the court deems equitable. DATE: April 28, 2009 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 Attorney for Petitioner 3 EXHIBIT "A" SCOTT M. COLEMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 07-3331 CIVIL ELLEN M. COLEMAN, Defendant IN CUSTODY ORDER AND NOW, this 2 7' day of March, 2009, in consideration of the within petition and answer filed thereto, and it appearing that, while the husband assumed responsibility for the payment of the balance of the Wells Fargo account, there was no requirement that he pay the loan in full prior to the wife's signing a power of attorney for the purpose of effecting transfer of title of their 2001 Saturn vehicle, the respondent, Ellen M. Coleman, is directed to comply with the Divorce Master's recommendation and execute the power of attorney attached to the Petition for Enforcement as Exhibit B and return same to petitioner's counsel within ten (10) days of this order. BY THE COURT, --? - 4,? Kevin X. Hess, J. Barbara Sumple-Sullivan, Esquire For the Plaintiff Ellen M. Coleman, Pro Se Defendant :rlm EXHIBIT `B„ LAW OFFICES BARBARA SUMPLE-SULLIVAN 549 .BRIDGE STREET NEW CUMBERLAND, PENNSYLVANIA 17070-1931 PHONE (717) 774-1445 FAX (717) 774-7059 I .. Ms. Ellen M. Coleman 29 Locust Street Mechanicsburg, PA 17055 April 9, 2009 Re: Scott M. Coleman v. Ellen M. Coleman Dear Ms. Coleman: Pursuant to Court order, you were to return the Power of Attorney by April 6, 2009. As I expect you will indicate that you no longer have a copy of same, I am providing a duplicate for your execution prior to referring the matter back to Judge Hess. Please have same notarized and return to me no later than Monday, April 20, 2009. Thank you. BSS/le Enclosure cc: Mr. Scott M. Coleman (w/ U.S. POSTAL SERVICE CERTIFICATE OF MAILING &Y Afl ' Received From: Ba Aara .?t!lfpa{e-.Slt? PO 549 Bridge St yew- unr One Piaea of ordinary mail raasad to: /'0 qdd 1 l ? S. Gt I MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOEI FORINSURANCE - POSTMASTER PS FORM 3$17 tt U.S.G.P.O.: 190 MAY 1976 1 Z. m N 3= 3 v COP-A :K ? W ? -0 CD 0o : a C) m = o Barbara Sumple-Sullivan ' LIMITED POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That I, Ellen M. Coleman of Cumberland County, Pennsylvania, have made, constituted, and appointed, and by these presents do make, constitute and appoint, Scott M. Coleman, my true and lawful Attorney-in-fact, with regard to the 2001 Saturn (VIN: IG8JU52F61Y520465) for me and in my name and on my behalf, generally to perform all matters and things, make, execute and acknowledge all writings and instruments which may be requisite or proper to transfer title of said vehicle to himself or any other person he deems appropriate, with the same powers, and to all intents and purposes with the same validity as I could, if personally present; hereby confirming whatever my attorney-in-fact shall do by virtue of the powers granted in this instrument. IN WITNESS WHEREOF, I have hereon to set my hand and seal this day of , 2009. ELLEN M. COLEMAN COMMONWEALTH OF PENNSYLVANIA ) ) SS. COUNTY OF } Before me, the undersigned officer, personally appeared Ellen M. Coleman, known to me (or satisfactorily proven) to be the person whose name. is subscribed to the within Limited Power of Attorney and acknowledged that she has executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARY PUBLIC Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 SCOTT M. COLEMAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. ELLEN M. COLEMAN, Defendant : CIVIL ACTION -DIVORCE : NO. 07-3331 VERIFICATION I, Barbara Sumple-Sullivan, Esquire, am the attorney for Scott M. Coleman, from whom verification cannot be obtained within the time allowed for filing of this Petition. Therefore, I hereby make this verification and believe that I have sufficient knowledge or information and belief as Attorney for Scott M. Coleman to make this Verification and that the facts set forth in the foregoing Petition are true and correct to the best of my knode, information and belief. Dated: April 28, 2009 Barbara Sumple-Sullivan, Esquire Attorney for Plaintiff 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 Supreme Court I.D. No. 32317 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 SCOTT M. COLEMAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. ELLEN M. COLEMAN, Defendant : CIVIL ACTION -DIVORCE NO. 07-3331 CERTIFICATE OF SERVICE I, BARBARA SUMPLE-SULLIVAN, ESQUIRE, do hereby certify that on this date, I served a true and correct copy of the Petition for Contempt, in the above-captioned matter upon the following individual(s), by via facsimile and United States first-class mail, postage prepaid, addressed as follows: DATE: April 28, 2009 Ms. Ellen M. Coleman 29 Locust Street Mechanicsburg, PA 17011 Barbara Simple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 Attorney for Petitioner OF 11HL rii r r`ARy SCOTT M. COLEMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 07-3331 CIVIL ELLEN M. COLEMAN, Defendant IN CUSTODY ORDER AND NOW, this /Z ` day of May, 2009, a rule is issued on the defendant to show cause why a contempt citation should not issue. This rule returnable and to be heard on Friday, May 22, 2009, at 11:00 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. , Barbara Sumple-Sullivan, Esquire For the Plaintiff Ellen M. Coleman 29 Locust Street Mechanicsburg, PA 17011 Defendant :rlm ? I1-:nno ! ;F s rn ? l BY THE COURT, Kevin ess, J. s/r 3 loy --;s tom. N fl= 5 U- 71 ?-- .> Ca SCOTT M. COLEMAN, Plaintiff V. ELLEN M. COLEMAN, Defendant IN RE: PETITION IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 07-3331 CIVIL TERM FOR CONTEMPT OF COURT ORDER OF COURT AND NOW, this 22nd day of May, 2009, the court being satisfied that the defendant is in violation of earlier orders of court, she is cited in contempt. She is ordered and directed to appear for a hearing to show cause why she should not be adjudicated in contempt on Friday, June 5, 2009, at 2:00 p.m. At that time and place the court will consider sanctions, including a fine and/or imprisonment, and will consider also the question of counsel fees. In the event that the defendant fails to appear, a bench warrant will be issued for her arrest. Service of this order will be made by mail. It is also directed that service of this order be made by the Sheriff of Cumberland County. By the Court, Hess, J. arbara Sumple-Sullivan, Esquire For the Plaintiff Mr. Scott M. Coleman 195 Beagle Club Road Carlisle, PA ?S. Ellen M. Coleman 29 Locust Street Mechanicsburg, PA 17070 'Aeriff :bg F`?J ? C.? , ..j _ ?? y ? _ r'°i'; w r _ n ...... .u::a. .' ._ ,? Sheriffs Office of Cumberland County R Thomas Kline j ti4? ct 4gauLr 1 Edward LSchorop Sheriff Ronny R Anderson Jody S Smith Chief Deputy F?t E P -1E 5-RIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 05/29/2009 03:51 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on May 29, 2009 at 1551 hours, he served a true copy of the within Petition for Contempt of Court, upon the within named defendant, to wit: Ellen M. Coleman, by making known unto herself personally, defendant at 29 East Locust Street Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. June 01, 2009 SO ANSWERS, A R THOMAS KLINE, SHERIFF ty Sherif 2007-3331 Scott A. V Ellen M. Coleman Coleman SCOTT M. COLEMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - DIVORCE ELLEN M. COLEMAN, NO. 07-3331 CIVIL TERM Defendant IN RE: ADJUDICATION PETITION DEFERRED ORDER OF COURT AND NOW, this 5th day of June, 2009, it appearing that the defendant is willing to purge herself of contempt in this case, action on the adjudication petition is deferred until Monday, June 8, 2009, at 11:00 a.m. If the title has not been executed or signed prior thereto, the defendant is ordered and directed to appear for further proceedings. In the event that the title has been signed and further hearing is not requested in this matter, the adjudication in contempt will be dismissed without prejudice to the plaintiff to assert a claim for counsel fees. A hearing thereon to be scheduled at a later date. By the Court, Hess, J, Mr. Scott M. Coleman 195 Beagle Club Road Carlisle, PA MS. Ellen M. Coleman 29 Locust Street Mechanicsburg, PA 17070 :bg L? sICY -13 rY--' c_. ? t J? 6n ?y _? i