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HomeMy WebLinkAbout07-6890JAMES S. BRIDGES, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA 11 -1c8 6 V. NO. PATTI A. BRIDGES, Defendant CIVIL ACTION - DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE PROMPT ACTION. YOU ARE WARNED THAT IF YOU FAIL TO DO SO, THE CASE MAY PROCEED WITHOUT YOU AND A DECREE OF DIVORCE OR ANNULMENT MAY BE ENTERED AGAINST YOU 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 OR VISITATION OF YOUR CHILDREN. WHEN THE GROUND FOR THE DIVORCE IS INDIGNITIES OR IRRETRIEVABLE BREAKDOWN OF THE MARRIAGE, YOU MAY REQUEST MARRIAGE COUNSELING. A LIST OF MARRIAGE COUNSELORS IS AVAILABLE IN THE OFFICE OF THE PROTHONOTARY AT THE CUMBERLAND COUNTY COURTHOUSE, I COURTHOUSE SQUARE, CARLISLE, PA 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER=S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 JAMES S. BRIDGES, Plaintiff V. PATTI A. BRIDGES, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00'7- Z J J CIVIL ACTION - DIVORCE COMPLAINT COUNT I - DIVORCE UNDER 43301(c) or 43301(d) OF THE DIVORCE CODE 1. The Plaintiff is James S. Bridges, who currently resides at 331 Oak Flat Road, Newville, Cumberland County, Pennsylvania 17241. 2. The Defendant is Patti A. Bridges, who currently resides at 318 Sherman Avenue, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on August 1, 1987 in Hollidaysburg, Pennsylvania. 5. The parties are the parents of one (1) minor child: Hayden J. Bridges, born on August 9, 2000. 6. There have been no prior actions of divorce or for annulment between the parties. 7. Neither party is presently a member of the Armed Forces on active duty. 8. Plaintiff has been advised that counseling is available and that he may have the right to request that the court require the parties to participate in counseling. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a Divorce Decree being issued. 9. The cause of action and sections of the Divorce Code under which Plaintiff is proceeding are: (a) §3301(c). The marriage of the parties is irretrievably broken; and (b) §3301(d). The marriage of the parties is irretrievably broken and, at the appropriate time, Plaintiff will submit an affidavit stating that the parties have been living separate and apart for a period of at least two (2) years. 10. Plaintiff requests this Honorable Court enter a Decree of Divorce. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order dissolving the marriage between Plaintiff and Defendant. Respectfully submitted, WILEY, LENOX, COLGAN& MARZZACCO, P.C. Dated: 11-1-07 Timothy J. C1ol9an-,-Esqui&-1' 130 West Church Street Dillsburg, PA 17019 (717) 432-9666 I.D. #77944 VERIFICATION I, James S. Bridges, verify that the statements made in this Complaint 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. CS '4904, relating to unsworn falsification to authorities. Date: -+Pq- AA01 S. &;I, JAM S. BRIDGES i ff 0 'rs ?..1 (vt y-? n?a c? 0 -c .- N t? tJY 0 mm t? um ,TAMES S. BRIDGES, Plaintiff V. P,A,TTI A. BRIDGES, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. of _ X846 0, L ? . CIVIL ACTION - DIVORCE PTANC OF ERVICE 1, Patti A. Bridges, accept service of the Divorce Complaint in the above-captioned matter, which service satisfies the requirements of the Pennsylvania Rules of Civil procedure, Date: it A. Budges 318 Sherman Avenue Carlisle, PA 17013 r C) ' x I JAMES S. BRIDGES, Plaintiff V. PATTI A. BRIDGES, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-6890 Civil Term CIVIL ACTION - DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in Divorce under §3301(c) of the Divorce Code was filed on November 14, 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 service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. I Le S Date (4tsi S. Bridges ff 3zd V «F n JAMES S. BRIDGES, Plaintiff V. PAT)CI A. BRIDGES, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-6890 Civil Term CIVIL ACTION - DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. 1 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 made herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. & - /2; Date VsS. dges -7:Y CK' :37" rn ' tt } t MARITAL SETTLEMENT AGREEMENT Vmut6-r, THIS MARITAL SETTLEMENT AGREEMENT, made this day of 2007, by and between JAMES S. BRIDGES, of Newville, Cumberland County, Pennsylvania (hereinafter referred to as "HUSBAND") and PATTI A. BRIDGES, of Newville, Cumberland County, Pennsylvania (hereinafter referred to as "WIFE") WITNESSETH: WHEREAS, the parties were married on August 1, 1987 in Hollidaysburg, Pennsylvania; WHEREAS, HUSBAND and WIFE are the natural parents of one (1) minor child: Hayden J. Bridges, born August 9, 2000; WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of HUSBAND and WIFE to live separate and apart, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them in relation to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of WIFE by HUSBAND or of HUSBAND by WIFE; settling of custody matters and in general, the settling of any and all claims and possible claims by either party against the estate of the other party. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound hereby covenant and agree as follows: 1. INTERFERENCE: Each party shall be free from interference, authority, and contact by the other, as fully as though he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. G 2. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement e e shall not affect or bar the right of HUSBAND or WIFE to a divorce on lawful grounds or to any defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences. 3. SUBSEQUENT DIVORCE: The parties hereby acknowledge that HUSBAND will file a Complaint in Divorce in Cumberland County, Pennsylvania, claiming that the marriage is irretrievably broken under Section 3301(c) of the Pennsylvania Divorce Code and that the parties have lived separately and apart as required under Section 3301(d) of the Pennsylvania Divorce Code. The parties hereby express their agreement that the marriage is irretrievably broken and express their intent to execute any and all Affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) or 3301(d) of the Divorce Code. The parties hereby waive all rights to request court ordered counseling under the Divorce Code. It is further specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property of the parties are accepted by each party as a full and final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. Should a decree, judgment or order of divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by such separation or divorce; nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement. It is the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 4. INCORPORATION OF DIVORCE DECREE: It is further agreed, covenanted and stipulated that this Agreement, or the essential parts hereof, shall be incorporated in any decree hereinafter entered by any court of competent jurisdiction in any divorce proceedings that have been or may be instituted by the parties for the purpose of enforcing the contractual obligations of the parties. This agreement shall not be merged in any such decree but shall in all respects survive the same and be forever binding and conclusive upon the parties. 5. EFFECTIVE DATE: The effective date of this Agreement shall be the "date of execution" or "execution date," defined as the date upon which it is executed by the parties if they 2 have each executed this Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 6. DISTRIBUTION DATES: The transfer of property, funds and/or documents provided for herein, shall only take place on the "distribution" date, which shall be defined as the effective date of this Agreement, unless otherwise provided for herein, including any spousal support and/or alimony payments. 7. MUTUAL RELEASE: HUSBAND and WIFE each do hereby mutually remise, release, quit-claim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situated, which he or she now has or at any time hereafter may have against the other, the estate of such other or any part hereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or courtesy, or claims in the nature of dower or courtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as a testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any country or any rights which either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, division of property, costs or expenses, whether arising as a result of the marital relations or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. It is the intention of HUSBAND and WIFE to give each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is further agreed that this Agreement shall be and constitute a full and final 3 resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 8. REPRESENTATION BY COUNSEL: HUSBAND has been represented by Timothy J. Colgan, Esquire, and HUSBAND acknowledges that he has signed this Agreement freely and voluntarily after full consultation with his counsel. This Agreement has been prepared by Timothy J. Colgan, Esquire, counsel for HUSBAND. At the commencement of and at all stages during the negotiations of this Agreement, WIFE has been informed that Timothy J. Colgan, Esquire has acted solely as counsel for HUSBAND and has not advised nor represented WIFE in any manner whatsoever. WIFE, at the commencement of and at all stages during the negotiation of this Agreement, has been advised that she could be represented by counsel but at all times has elected not to be so represented. WIFE has read this Agreement carefully and thoroughly, fully understanding each of its provisions, and therefore signs it clearly and voluntarily. The parties acknowledge that this Agreement is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal agreement. The parties further acknowledge that they have each made to the other a full and complete disclosure of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purposes of this Agreement. 9. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 10. WARRANTY AS TO FUTURE OBLIGATIONS: HUSBAND and WIFE covenant, warrant, represent and agree that, with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold harmless the other party from and against any and all debts, charges and liabilities incurred by the other after the execution date of this 4 Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 11. CARE OF MINOR CHILD: The parties agree that both parents shall share in making decisions of importance in the life of their child, Hayden, including educational, medical and religious decisions. Both parents shall be entitled to equal access to the child's school, medical, dental and other important records. As soon as practicable after receipt by a party, copies of the child's school schedules, special events notifications, report cards and similar notices shall be provided to the other party. Each party shall notify the other of any medical, dental, optical and other appointments of the child with health care providers sufficiently in advance thereof so that the other party can attend. 12. PERSONAL PROPERTY: The parties agree to divide between them, to their mutual satisfaction, the personal effects, household furniture and furnishings, and all other articles of personal property which have heretofore been used by them in common. The parties shall have 180 days from the Effective Date of this Agreement to accomplish the actual distribution of said items of personalty. Thereafter, neither party will make any claim to any such items which are in the possession or under the control of the other. After the exchange of personalty, the parties hereby specifically waive, release, renounce and forever abandon whatever claim he or she may have with respect to any personal property which is in the possession of the other, and which shall become the sole and separate property of the other from the date of execution hereof. 13. DIVISION OF MARITAL RESIDENCE: The parties jointly own the marital residence situate at 331 Oak Flat Drive, Newville, Cumberland County, Pennsylvania. HUSBAND shall retain sole and exclusive ownership and possession of said residence. The parties stipulate and agree that the value of the home is $180,000.00. There is no mortgage on the home. HUSBAND shall make one cash payment to WIFE in the amount of $90,000.00 in satisfaction of her share of the equity in the home. Said payment shall be made contemporaneous with the signing of this Agreement. HUSBAND shall remain solely responsible for any and all payments related to real estate taxes, homeowner's insurance and maintenance of said property, and shall indemnify and hold WIFE harmless against any liability resulting from his failure to make payments thereupon. WIFE specifically waives her right to claim any equity which may exist in this property in consideration 5 of the various covenants and promises made herein. HUSBAND's counsel shall prepare a deed of conveyance from WIFE transferring all her right, title and interest in the marital residence to HUSBAND. WIFE agrees to execute same at the execution of this Agreement. 14. BANK ACCOUNTS: HUSBAND and WIFE have owned various accounts during their marriage in both their individual and joint names. It is acknowledged that they have divided the jointly held accounts to their mutual satisfaction and they hereby agree that each shall become sole owner of their respective accounts and they each hereby waive any interest in, or claim to, any funds held by the other in any accounts. To the extent that the joint savings and checking accounts at Members V Federal Credit Union have not been divided and closed as of the date of this Agreement, the parties agree that they shall equally divide the funds in said accounts as of the Effective Date of this Agreement. 15. MOTOR VEHICLES: The parties agree to divide the motor vehicles as follows: HUSBAND shall retain sole and exclusive possession of the 2002 Chevy Tahoe and the 2000 Chevy Impala. WIFE shall retain sole and exclusive possession of the 2005 Audi A6. Each party is responsible for the vehicles distributed to them, including the payment of any liens against said vehicles, insurance and maintenance, and each party agrees to indemnify and hold harmless the other party for failure to make payments thereon. Further, each party agrees to execute any and all documentation to give effect to this paragraph within ten (10) days of a request of the other party. 16. RETIREMENT ACCOUNTS: Each party is the owner of certain IRA and 401(k) accounts. Each party shall retain sole and exclusive ownership of the retirement accounts in their respective names and the other party hereby waives any right, claim or interest he or she may have to the retirement accounts retained by the other party. 17. CEDG. INC. BUSINESS INTEREST: HUSBAND has a minority ownership interest in CEDG, Inc. which the parties stipulate and agree has a value of $100,000.00. HUSBAND agrees to pay to WIFE the amount of $50,000.00 representing 50% of the value of his interest in CEDG, Inc.. HUSBAND shall make payment to WIFE contemporaneous with the signing of this Agreement. Further, HUSBAND and WIFE made a loan to the business in the amount of $65,000.00 with 6 a demand feature which earns interest at the rate of 9% per annum. HUSBAND agrees to pay the amount of $32,500.00 plus one half of the interest accrued (per the terms of the demand note) from the date of execution of the note until the date of payment by HUSBAND representing 50% of the value of the demand note. Upon WIFE's request for payment of her share of the demand note, HUSBAND shall demand same payment from CEDG, Inc.. HUSBAND shall make payment to WIFE immediately upon receipt of the funds from CEDG, Inc. 18. HEALTH INSURANCE: Each party shall be responsible for their own health insurance coverage from the Effective Date of this Agreement forward. 19. ALIMONY: Commencing on the Effective Date of this Agreement HUSBAND shall pay to WIFE as alimony the amount of $500.00 per pay. This amount is terminable upon the remarriage of WIFE, the cohabitation of WIFE with a member of the opposite sex not a member of her immediate family or the death of either party. Said amount shall also be modifiable based upon a change in circumstances of either party. The Alimony payments shall be deductible to HUSBAND and shall be income to WIFE. 20. AFTER-ACQUIRED PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes as though he or she were unmarried. 21. INCOME TAX: The parties have heretofore filed joint income tax returns. Both parties agree that in the event any deficiency in Federal, State or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 22. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS: The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall 7 be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act") specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfer and subject to the carry-over basis provisions of said Act. 23. EFFECT OF DIVORCE DECREE: The parties agree that, except as otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 24. BREACH: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 25. WAIVER OF CLAIMS: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she shall now have or hereafter acquire, under the present and future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and the right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of such interests, rights and claims. 26. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 27. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding on and shall inure to the benefits of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 8 28. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 29. VOID CLAUSES: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 30. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be separate and independent Agreement. 31. FINANCIAL DISCLOSURE: The parties confirm that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. The parties acknowledge that there has been no formal discovery conducted in their pending divorce action and that neither party has filed an inventory and appraisement as required by Section 3505(b) of the Pennsylvania Divorce Code. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other party in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement is expressly reserved. In the event that either party, at any time hereafter, discovers such an undisclosed asset, the party shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of said asset. The non-disclosing party shall be responsible for payment of counsel fees, costs or expenses incurred by the other party in seeking equitable distribution of said asset. Notwithstanding the foregoing this Agreement shall in all other respects remain in full force and effect. 32. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent defaults of the same or similar nature. 9 t, 33. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no affect whatsoever in determining the rights or obligations of the parties. 34. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 and any amendments thereto. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and year first above written. S_ S BRIDGES Timothy J-olgYn, Esquire A16L, G/ 10 t' COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF YORK On this, =141`_ day Of. I K)QU,y- , 2007, before me a Notary Public, personally appeared Patti Bridges, known to me to be the person whose name is subscribed to the within Marital Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal otary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal e L. rg Bo oils, Notary Public COMMONWEALTH OF PENNSYLVANIA Je Desb My Commission Expires Aug. 22, 2010 SS. COUNTY OF Member, Pennsylvania Association of Notaries On this, the 4)04 day of Alva -AP, , 2007, before me a Notary Public, personally appeared James Bridges, known to me to be the person whose name is subscribed to the within Marital Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEAL"`h OF PENNSYLVANIA Notary P b Notariw Seat Timothy J. Colgan, Notary Public DNlsburg Boro, York County My Commission Eoires Oct. 3, 2010 Member, Penn rOvania ARexlstktth of Notaries 11 Revised November 9, 2007 n F __k r ` 1 -Ti X ?. I? I JAMES S. BRIDGES, Plaintiff V. . PATTI A. BRIDGES, . Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-6890 Civil Term CIVIL ACTION - DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in Divorce under ' 3301(c) of the Divorce Code was filed on November 14, 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 service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. 14904 relating to unsworn falsification to authorities. , v A Date Patti A. Bridges Defendant ?T rya r-• ?? ?' '7.?. ?? ,..,?? ?? <_ , ' _` . , ,?, I? _'°"' _ ? f.. r' .. -? , ? ?. "l JAMES S. BRIDGES, Plaintiff V. PATTI A. BRIDGES, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-6890 Civil Term CIVIL ACTION - DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer=s fees, or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. 14904 relating to unsworn falsification to authorities. Dat Patti A. Bridges Defendant ? \ ? . - ( . t.,T s__.J Li, .,, r.? ;, v i ? ?i ?.... -_d , _.. i; - i i ?__ . ? i--- {? ter.. ..Y ?...,_.I ... r (. ., wf C.. ill JAMES S. BRIDGES, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-6890 Civil Term PATTI A. BRIDGES, Defendant CIVIL ACTION - 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. Grounds for Divorce: Irretrievable breakdown under Section 3301(c). 2. Date and manner of service of the Complaint: The Defendant Accented Service of the Complaint on December 7. 2007, said Acceptance of Service was filed with this Honorable Court on December 19, 2007. Complete either Paragraph (a) or (b): (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: By Plaintiff. March 7.2008; By Defendant: July 29, 2008. (b) (1) Date of execution of the Affidavit required by Section 3301(d) of the Divorce Code: N/A (2) Date of filing and service of the Plaintiffs Affidavit upon the Respondent: N/A. 4. Related claims pending: All related claims were settled by a Marital Settlement Agreement dated November 9, 2007, and is being filed simultaneously with the Praecipe to Transmit the Record. i 5. Complete either (a) or (b): (a) Date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, a copy of which is attached: (b) Date Plaintiff s Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: March 14.2008; Date Defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: Being filed simultaneously with the Praeciae to Transmit the Record Respectfully submitted, COLGAN MARZZACCO LLC By: Timothy J uire Attorney ID # 77944 130 West Church Street Suite 100 Dillsburg, PA 17019 Phone: (717) 502-5000 Dated: N(-©g Fax: (717) 502-5050 __ tifa ?' Y • ?......._ F7? --s t (xy ' ro--, IN THE COURT OF COMMON PLEAS 2007-6890 CIVIL TERM JAMES S. BRIDGES, Plaintiff VERSUS PATTI A. BRIDGES Defendant No. DECREE IN DIVORCE AND NOW, ?vgyS? ?D08, IT IS ORDERED AND OF CUMBERLAND COUNTY STATE OF PENNA. DECREED THAT AND JAMES S. BRIDGES PATTI A. BRIDGES 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; The terms and provisions of the Marital Settlement Agreement signed by the parties and dated November 9, 2007 are hereby incorporated but not merged in the Decree of Divorce and remain binding upon the parties. Ask BY THE COURT: ATTP-%T: A _ J. PR6THOF40-11ARY ???o.?s -??a -?`' s MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Email: mcognetti@cognettilaw.com Attorneys for Plaintiff JAMES S. BRIDGES, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007-6890 PATTI A. BRIDGES, CIVIL ACTION -LAW Defendant IN DIVORCE PETITION TO TERMINATE ALIMONY AND NOW, comes Plaintiff, James S. Bridges, by and through his attorney, Maria P. Cognetti, Esquire, and files this Petition to Terminate Alimony and in support thereof avers as follows: 1. Plaintiff is James S. Bridges (hereinafter "Husband"), an adult individual who resides at 331 Oak Flat Road, Newville, Cumberland County, Pennsylvania. 2. Defendant is Patti A. Bridges (hereinafter "Wife"), an adult individual who resides at 318 Sherman Avenue, Carlisle, Cumberland County, Pennsylvania. 3. Husband and Wife were married on August 1, 1987, and separated on or about January, 2006. 4. As a result of marital discord, the parties entered into a Marital Settlement Agreement on November 9, 2007. A copy of said agreement is attached hereto and marked as Exhibit "A." 5. Husband filed a Complaint in Divorce on November 14, 2007. 6. A Decree in Divorce was entered on August 5, 2008, which incorporated, but did not merge with, the aforementioned Marital Settlement Agreement. 7. Paragraph 19 of the parties' Marital Settlement Agreement requires Husband to make alimony payments to Wife in the sum of $500.00 per pay. Husband is paid bi-weekly. 8. Pursuant to the terms of paragraph 19 of the parties' agreement, Wife's alimony is terminable upon the cohabitation of Wife with a member of the opposite sex not a member of her immediate family. 9. Wife has been involved in an intimate relationship with Carl Davis since approximately August, 2005. 10. During Wife's custodial week, she and the parties' minor child, live at Mr. Davis' residence in King of Prussia. 11. During Wife's non-custodial week, with the exception of Wednesday evenings, she and Mr. Davis reside in his home in King of Prussia. 12. Wife spends very limited time at her home in Carlisle, Pennsylvania. 13. The relationship between Wife and Mr. Davis is akin to a marital relationship, in that they are financially, sexually and socially interdependent. 2 f 14. Husband believes, and therefore avers, that the relationship between Wife and Mr. Davis is sufficient to support a finding of cohabitation. 15. Husband believes, and therefore avers, that his alimony obligation should be terminated pursuant to the terms of the parties' agreement as a result of Wife's cohabitation with Mr. Davis. 16. The Honorable M. L. Ebert, Jr. signed the Decree in Divorce in this matter. The Honorable J. Wesley Oler, Jr. signed a temporary Custody Order in the companion custody action docketed to number 2009-2046. These parties have not appeared before any members of the judiciary in either action. 17. Wife's counsel does/does not concur with the filing of this Petition. WHEREFORE, Husband respectfully requests this Honorable Court terminate his alimony obligation consistent with the terms of the parties' Postnuptial Agreement. Respectfully submitted, MARIA P. COGNETTI & ASSOCIATES Dated: August 7, 2009 By: MARIA P. C9GT4ETTI, ESQUIRE Attorney I.D. TW. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff 3 VERIFICATION I, James S. Bridges, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to un-sworn falsification to authorities. DATE: 4 USIr S aw `( YJES - S. BRIDS CERTIFICATE OF SERVICE I, Maria P. Cognetti, Esquire, hereby certify that I served a true and correct copy of the foregoing Petition to Terminate Alimony at the address indicated below: John C. Howett, Jr., Esquire HOWETT KISSINGER & HOLST, PC 130 Walnut Street P O BOX 810 Harrisburg PA 17101 Melissa C. Prince, Esquire Kleinbard, Bell & Brecker, LLP One Liberty Place, 46th Floor 1650 Market Street Philadelphia PA 19103 Service bv• Personal service via hand delivery X Service by First Class, United States Mail, postage pre-paid, mailed at Camp Hill, Pennsylvania, addressed as indicated above Overnight delivery Facsimile service Certified/Registered Mail Date: August 7, 2009 By: MARIA P. COGNETTI & ASSOCIATES MARIA f. CO ETTI, ESQUIRE Attorney I.D. N&47914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff Fa ,. ? -1 H- j d 2GO9 AUG I I Al"; CC' 1 ?) a? ?ivt 3 s AUG 12 200967 JAMES S. BRIDGES, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007-6890 PATTI A. BRIDGES, CIVIL ACTION -LAW Defendant IN DIVORCE RULE TO SHOW CAUSE 1? AND NOW, to wit, this 1% day of Q v t, v?? 2009, upon consideration of Plaintiff's Petition to Terminate Alimony, a RULE is hereby issued upon Defendant to show cause, if any, why the relief requested should not be granted. RULE RETURNABLE WITHIN 4 DAYS OF SERVICE. Distribution: BY THE COURT: C. Howett, Jr., Esquire ?a P. Cognetti, Esquire HOWETT "SSINGER & HOLST, PC COGNETTI & ASSOCIATES 130 Walnut Street 210 Grandview Avenue, Suite 102 Harrisburg PA 17101 Camp Hill, PA 17011 2089 1,: 3 1 2 F't`'i 1 2` ?v?h .. ... v F 2 • -,, MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 10.2 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff JAMES S. BRIDGES, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. PATTI A. BRIDGES, Defendant NO. 2007-6890 CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT OF SERVICE I, MARIA P. COGNETTI9 ESQUIRE, do hereby certify that a true and correct copy of the Rule to Show Cause was served upon the Defendant by certified mail, return receipt requested, on the day of August, 2009. The original signed return receipt, number 7008 0150 0002 5356 2686 is attached hereto and made a part hereof. Date: August 20, 2009 By: MARIA P. C NETTI & ASSOCIATES MARIA PG CO?TTI, ESQUIRE Attorney I.D. N"7914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery Is desired. ¦ Print your name and address-on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece or on the front If space permits. 1. Article Addressed to, john ON t-bweA'+, Psg iw Wak nut . II- -5 PR InIol 49Agent e W tr., dW(PrlnWName) W1716 of livery r- L. s ff D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: 0 No 3. Type Certifled Mail 0 Express Mail 0 Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number 7008 0150 0002 5365 2686 (Pransfer from service label) i PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 Al END---"'C"FrC"E .E rF µt' 011 MY 2009 A UJ 21 F N 2: 4 7 CUl ;iv ?,? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES S. BRIDGES, ) Plaintiff ) NO. 2007-6890 V. PATTI A. BRIDGES, Defendant CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S ANSWER TO PLAINTIFF'S PETITION FOR TERMINATION OF ALIMONY AND DEFENDANT'S NEW MATTER TO INCREASE ALIMONY AND NOW, comes Defendant, Patti A. Bridges, by and through her counsel, Howett, Kissinger & Holst, P.C., who hereby files the instant Answer and New Matter to Plaintiff's Petition for Termination of Alimony and in support thereof states as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted in part, denied in part. It is admitted that the parties entered into a Marital Settlement Agreement, but it is denied that a copy of that Agreement was attached to Plaintiff's Petition. 5. Admitted. 6. Admitted. 7. Admitted. Admitted. 9. Admitted in part; denied in part. Wife admits that she has maintained a friendship with Carl Davis since approximately 19,98 through her employment with Crabtree Rohrbaugh, and then later with CEDG, Inc., but specifically denies that said relationship could be characterized as "intimate" until 2008. 10. Denied. The parties' current custody arrangement for their son, Hayden, is a shared 5-2-2-5 arrangement in which Wife always has Hayden on Monday and Tuesday, Husband always has Hayden on Wednesday and Thursday, and the parties alternate weekends with the Child. During Wife's custodial time, she and the parties' son, Hayden, reside primarily at 318 Sherman Avenue, Carlisle, PA. 11. Denied. By way of further response, Wife avers that although she traveled during the summer months, both with and without Hayden, to visit family and friends in various locations, including Mr. Davis in King of Prussia, she resides at the Sherman Avenue address, to which all her mail, including her bills and financial account statements, is delivered, and in which she maintains all of her worldly possessions, and those of Hayden. 12. Denied. By way of further response, Wife avers that she spent a portion of this past summer traveling, but during the school year, which has now commenced, Wife spends the vast majority of her time in Carlisle. 13. Denied. Wife's friendship with Mr. Davis could not be characterized as "akin to a marital relationship," by any stretch of the relevant facts because she is not financially, sexually and socially interdependent upon Mr. Davis. Indeed, Wife has received no form of financial support from Mr. Davis whatsoever, and both she and Mr. Davis maintain separate and distinct households and finances. 14. This averment states a conclusion of law to which no response is required. 15. This averment states a conclusion of law to which no response is required. 16. Admitted. 17. Defendant's counsel did not concur with the filing of Plaintiff's Petition to Terminate Alimony. NEW MATTER - PETITION FOR INCREASE IN ALIMONY 18. The prior paragraphs of Wife's Answer are incorporated herein by reference thereto as if set forth at length. 19. In Paragraph 19 of the Marital Settlement Agreement executed by the parties on November 9, 2007, the alimony due and owing from Husband to Wife of $500.00 per pay shall be "modifiable based upon a change in circumstance of either party." 20. Wife avers that since execution of the Marital Settlement Agreement in 2007, the circumstances of both parties have changed considerably in that: (a) After a total of nine (9) years employment, as Director of Finance with CEDG, Inc., (in which Husband has a 30% ownership interest), Wife's position was summarily "eliminated" shortly after the parties' divorce was finalized, without a severance package or even payment for her accrued vacation leave. At the time of her separation from CEDG, Inc., Wife was earning $67,500.00 in gross wages; she is now on unemployment, collecting approximately $1,900.00 net per month, which will terminate in mid-November of this year, she earns $1,000.00 net per month from a consulting job, and she collects alimony and child support from Husband. (b) At the time of her termination from CEDG, Inc., Wife's health insurance was also canceled and she is now responsible for the payment of same at the rate of $138.49 per month, which will increase in December of this year. (c) It is believed, and therefore averred, that during the same time frame that Wife's employment was being eliminated, Husband enjoyed an increase in his income, to approximately $110,000.00 per year, plus other income benefits. 21. Based on the changed circumstances of both parties, as delineated above, Wife asserts that the alimony to which she is entitled should be increased. WHEREFORE, Defendant respectfully requests this Honorable Court deny Plaintiff's request to terminate alimony. Defendant further requests this Honorable Court to grant Defendant's request to increase her alimony. Date: -?Q? Respectfully submitted, C? J C. Howett, Jr, Esquire HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street/P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Defendant, Patti A. Bridges VERIFICATION I, Patti A. Bridges, hereby swear and affirm that the facts contained in the foregoing I?fer?c7ant's Answer to Plaintiff's Petition for are true and correct to the best of my T m mticn of Aluncny and DefenOant's 1Lv Metter to Incase Almaly knowledge, information and belief and are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authori ' DATE PATTI A. BRIDGES IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES S. BRIDGES, Plaintiff ) NO. 2007-6890 V. ) PATTI A. BRIDGES, ) CIVIL ACTION - LAW Defendant ) IN DIVORCE CERTIFICATE OF SERVICE I, John C. Howett, Jr., Esquire, counsel for Patti A. Bridges, Defendant in the above- captioned action, hereby certify that a true and correct copy of the Foregoing Defendant's Answer to Plaintiff's Petition for Termination of Alimony and Defendant's New Matter to Increase Alimony was served upon Maria P. Cognetti, Esquire, counsel for Plaintiff, James S. Bridges, by depositing same in the United States mail, first class, on September 1, 2009, addressed as follows: Maria P. Cognetti, Esquire MARIA P. COGNETTI & ASSOCIATES 210 Grandview Avenue Suite 102 Camp Hill, PA 17011 Date: VWETTJoC. Ho wett, Jr, Esquir , KISSINGER & HOLST, P.C. 130 Walnut Street/P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Defendant, Patti A. Bridges CF THI ? ?? naY 2Oa9 5.' " 1 Pi' 3 1 2009 SEP 0 9 " ,5 John C. Howett, Jr., Esquire HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street, P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Defendant, Patti A. Bridges IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES S. BRIDGES, Plaintiff V. ) PATTI A. BRIDGES, ) Defendant ) NO. 2007-6890 CIVIL ACTION - LAW IN DIVORCE RULE TO SHOW CAUSE AND NOW, this 7 day of Sattt,* Llr , 200 1, upon consideration of Defendant's Answer to Plaintiff's Petition for Termination of Alimony and Defendant's New Matter to Increase Alimony, a RULE is hereby issued upon Plaintiff to show cause, if any, why the relief request should not be granted. RULE RETURNABLE WITHIN 10 DAYS OF SERVICE. BY THE COURT: Distrib?°n: ? Jo. C. Howett, Jr., Esquire, P.O. Box 810, Harrisburg, PA 17108, (717) 234-2616 .??1Vlana P. Cognetti, Esquire, 210 Grandview Avenue, Suite 102, Camp Hill, PA 17011, (717) 909-4060 eorles maL(, 4?a?vq OF THE PF- RY 2009 SLP -3 AM 8. 15 pr, MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Email: mcognetti@cognettilaw.com Attorneys for Plaintiff JAMES S. BRIDGES, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. PATTI A. BRIDGES, Defendant NO. 2007-6890 CIVIL ACTION -LAW IN DIVORCE REPLY TO NEW MATTER AND NOW, comes Plaintiff, James S. Bridges, by and through his attorney, Maria P. Cognetti, Esquire, and files this Reply to New Matter and in support thereof avers as follows: 18. Paragraphs 1 through 17 of Defendant's Petition are incorporated herein as if set forth at length. 19. DENIED. The Marital Settlement Agreement speaks for itself, and thus, the allegations of Paragraph 19 are denied to the extent that they are not wholly consistent with the terms thereof. 20. DENIED. The averments of Paragraph 20 are admitted and denied as follows: a) DENIED. It is specifically denied that Wife was employed by CEDG, Inc. for a total of 9 years. By way of further answer, Wife was employed at CEDG, Inc., for a period of five years, from January 1, 2004, to December 12, 2008. It is further denied that Wife's position was summarily eliminated. By way of further answer, Wife was laid-off due to lack of work resulting in declining financial conditions of the company suffered during the declining economy. Furthermore, Wife's immediate supervisor was her current paramour, Carl Davis. Wife would not show up for work for extended periods of time for which Mr. Davis would cover. Although an owner, due to his relationship with Wife, Husband took no part in the decision to terminate Wife's employment. It is admitted that Wife was earning $67,500.00 in gross wages at the time of her separation from CEDG, Inc., and that she now collects unemployment. As to Wife's unemployment benefits, their termination date, and the amount of her consulting income, Husband does not possess the information necessary to either admit or deny same. Therefore, strict proof thereof is demanded. b) ADMITTED IN PART. DENIED IN PART. It is specifically denied that Wife's health insurance was cancelled. Wife's health insurance benefits were to terminate as Husband's spouse in November, 2007, when the parties executed their Marital Settlement Agreement. Per the Marital Settlement Agreement, each party was responsible for their own health insurance benefits. By way of further answer, when Wife left CEDG, Inc., she was offered and took advantage of COBRA benefits, to which she is still entitled. This is not a change in circumstance which would warrant an adjustment to alimony, as Wife was aware and understood her obligation to provide her own health insurance at the time the parties' entered into the agreement for payment of alimony. 2 1.7 C) DENIED. It is specifically denied that during the same time frame that Wife's employment was being eliminated, Husband enjoyed an increase in his income, plus other income benefits. 21. The averments of Paragraph 21 are more properly a prayer for relief to which no responsive pleading is required. WHEREFORE, Husband respectfully requests this Honorable Court deny Wife's request for an increase in alimony. Respectfully submitted, MARIA P. COGNETTI & ASSOCIATES Dated: September 21, 2009 By: MARIA P! CO?TTI, ESQUIRE Attorney I.D. N&.---27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff 3 VERIFICATION I, James S. Bridges, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to un-sworn falsification to authorities. DATE:... / S t/sndov 4EJk S. BRIDS 41 CERTIFICATE OF SERVICE I, Maria P. Cognetti, Esquire, hereby certify that I served a true and correct copy of the foregoing Reply to New Matter at the address indicated below: John C. Howett, Jr., Esquire Howett, Kissinger & Holst, P.C. 130 Walnut Street P O Box 810 Harrisburg, PA 17108 Service by: Personal service via hand delivery X Service by First Class, United States Mail, postage pre-paid, mailed at Camp Hill, Pennsylvania, addressed as indicated above Overnight delivery Facsimile service Certified/Registered Mail MARIA P. COGNETTI & ASSOCIATES Date: September 21, 2009 By: MARIA P. COGNETTI, ESQUIRE Attorney I.D. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff 4 ,L.E!a '..l i OF TIFF 2H9Sty ` 22 i(w ?y _ t f? 4 ' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES S. BRIDGES, Plaintiff ) V. ) PATTI A. BRIDGES, ) Defendant ) NO. 2007-6890 CIVIL ACTION - LAW IN DIVORCE PRAECIPE FOR WITHDRAWAL OF NEW MATTER AND NOW, comes Defendant, Patti A. Bridges, by and through her counsel, Howett, Kissinger & Holst, P.C., who hereby withdraws and discontinues the claim raised within her Answer filed on September 1, 2009 to the above term and number under the heading "New Matter - Petition for Increase in Alimony" and instructs the Prothonotary to mark the same as withdrawn and discontinued. Respectfully submitted, Date: 0 `3 l Howett, Jr., Esq HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Defendant, Patti A. Bridges 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES S. BRIDGES, Plaintiff ) V. ) PATTI A. BRIDGES, ) Defendant ) NO. 2007-6890 CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, John C. Howett, Jr., Esquire, counsel for Patti A. Bridges, Defendant in the above- captioned action, hereby certify that a true and correct copy of the foregoing Praecipe for Withdrawal of New Matter was served upon Maria P. Cognetti, Esquire, counsel for James S. Bridges, Plaintiff, by depositing same in the United States mail, first class, on October 23, 2009, addressed as follows: Maria P. Cognetti, Esquire MARIA P. COGNETTI & ASSOCIATES 210 Grandview Avenue Suite 102 Camp Hill, PA 17011 Date: C) k -A f6? C/ C. Howett, Jr., Es'rjfiire HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street P.O. BOX 810 Harrisburg, PA 17108 Telephone: 717-234-2616 Counsel for Defendant, Patti A. Bridges flt OF THE PROTHONOTARY 2009 OCT 26 PH 3: 28 CU I . IN ty ODUNTY MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Email: moognetti@cognettilaw.com Attorneys for Plaintiff JAMES S. BRIDGES, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. PATTI A. BRIDGES, Defendant NO. 2007-6890 CIVIL ACTION -LAW IN DIVORCE MOTION TO SCHEDULE DISCOVERY CONFERENCE AND NOW, comes Plaintiff, James S. Bridges, by and through his attorney, Maria P. Cognetti, Esquire, and moves this Honorable Court to schedule a Discovery Conference, and in support thereof avers as follows: 1. Plaintiff is James S. Bridges (hereinafter "Husband"), an adult individual who resides at 331 Oak Flat Road, Newville, Cumberland County, Pennsylvania. 2. Defendant is Patti A. Bridges (hereinafter "Wife"), an adult individual who resides at 318 Sherman Avenue, Carlisle, Cumberland County, Pennsylvania. 3. On or about September 24, 2009, Husband served Interrogatories and a Request for Production of Documents upon Wife. . i i t 4. On or about October 27, 2009, Wife filed her responses to said discovery requests. Copies of Wife's responses are attached hereto, made a part hereof, and marked as Exhibits "A" and "B" respectively. 5. The vast majority of Wife's responses were in large part Objections on the ground of relevancy. 6. Husband attempted to discuss Wife's Objections to the discovery and asked that she reconsider same. 7. By letter dated November 24, 2009, Wife advised Husband that her Answers and Objections stood as stated. 8. One of the key elements in Husband's request to terminate alimony due to cohabitation is the fact that Wife is financially interdependent upon her paramour, Carl Davis. 9. The financial information and records sought by Husband's discovery go directly to that issue. 10. Husband believes and therefore avers that Wife's Objections to his discovery requests are unreasonable and unjustified. 11. Without the Court's involvement, the parties are at an impasse on this issue. 12. Husband believes and therefore avers that a conference with the Court is necessary to dispose of Wife's Objections to Husband's discovery. 13. The Honorable M.L. Ebert, Jr. signed the Decree in Divorce in this matter. The Honorable J. Wesley Oler, Jr. signed a temporary Custody Order in the companion custody action docketed to number 2009-2046. These parties have not appeared before any members of the judiciary in either action. 2 . . , , 14. Wife's counsel does/does not concur with the filing of this Petition. WHEREFORE, Husband respectfully requests this Honorable Court schedule a Discovery Conference to dispose of Wife's Objections in this matter. Respectfully submitted, MARIA P. COGNETTI & ASSOCIATES Dated: December 3, 2009 By: MARIA . C G ETTI, ESQUIRE Attorney I.D. W. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff 3 VERIFICATION I, James S. Bridges, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Date: I 3 _ cq- S Jam s S. Bridges i t I i John C. Howett, Jr., Esquire HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Defendant Patti A. Bridges IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES S. BRIDGES, Plaintiff ) V. ) PATTI A. BRIDGES, ) Defendant ) NO. 2007 - 6890 CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S RESPONSE TO PLAINTIFF'S INTERROGATORIES - FIRST SET To: James S. Bridges, Plaintiff c/o Maria P. Cognetti, Esquire MARIA P. COGNETTI & ASSOCIATES 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 AND NOW, comes Defendant, Patti A. Bridges by the undersigned attorneys, who hereby serves upon Plaintiff, James S. Bridges, the following Response to Interrogatories-First Set: . I . I What are the sources of your income, taxable and non-taxable (i.e., interest, dividends, rentals, investment income, inheritance, gifts, unemployment compensation, workers' compensation, Social Security, SSI, SSD, prize winnings, etc.), if any, other than your earned income from the employment listed above? Please indicate specifically each source of that income. ANSWER: All information requested above was previously provided to Plaintiff in conjunction with child support proceedings at 00401-S-2009, PACSES Case Number 083110863. . I 2. With respect to the other sources of income referenced in the previous interrogatory, please indicate the following: a. Is the income received on a regular basis, i.e., weekly, monthly, semi-annually, etc.? If so, what is the frequency of payment? If a one-time payment, please indicate the date received or to be received. ii. b. From whom received. ii. C. The amount received. i. ii. iii. ANSWER: All information requested above was previously provided to Plaintiff in conjunction with child support proceedings at 00401-S-2009, PACSES Case Number 083110863. ,? ,P 3. a. Do you maintain your financial records on a computer? If so, is your computer IBM compatible or Apple/Macintosh compatible? ANSWER: (See objection below) No. b. If so, do you use Quicken or a similar program to record your income and payables? ANSWER: No. C. Do you pay your bills through Quicken or a similar program? ANSWER: No. d. Where is your computer maintained? ANSWER: Home ANSWER: Objection. Defendant objects to the above Interrogatory on the basis that the request is so irrelevant that it is not reasonably calculated to lead to the discovery of admissible evidence and that the request creates unreasonable annoyance, oppression and burden upon Defendant. ? 4. Please complete the Income and Expense Statement attached as Schedule A. ANSWER: Objection. Defendant objects to the above Interrogatory on the basis that the request is so irrelevant that it is not reasonably calculated to lead to the discovery of admissible evidence and that the request creates unreasonable annoyance, oppression and burden upon Defendant. I ' r Are your total monthly living expenses at the time of answering these interrogatories the same as those listed on the Expense Statement? If not, list the differences and explain the reason(s). ANSWER: Objection. Defendant objects to the above Interrogatory on the basis that the request is so irrelevant that it is not reasonably calculated to lead to the discovery of admissible evidence and that the request creates unreasonable annoyance, oppression and burden upon Defendant. ' r r 6. Do these expenses include the support of any person other than yourself? ANSWER: None other than my son. If so, state the name of each such person and the specific monthly expenses attributable to such person. ANSWER: N/A. Which of your expenses do you consider to be out of the ordinary? ANSWER: Objection. Defendant objects to the above Interrogatory on the basis that the request is so irrelevant that it is not reasonably calculated to lead to the discovery of admissible evidence and that the request creates unreasonable annoyance, oppression and burden upon Defendant. ' ? ' , Does anyone contribute to your living expenses? If so, who, how often and how much. ANSWER: None other than Plaintiff. . . ? . I { 10. Have you had to borrow money from any source to pay your living expenses? If so, please provide details. ANSWER: Objection. Defendant objects to the above Interrogatory on the basis that the request is so irrelevant that it is not reasonably calculated to lead to the discovery of admissible evidence and that the request creates unreasonable annoyance, oppression and burden upon Defendant. 11. Designate which expenses listed in your budget sheet represent projected expenses rather than actual expenses. ANSWER: N/A. 12. Have you been the recipient of any inheritance or substantial gift within the past three (3) years? If so, please describe the amount of the gift or inheritance, and from whom received. ANSWER: Objection. Defendant objects to the above Interrogatory on the basis that the request is so irrelevant that it is not reasonably calculated to lead to the discovery of admissible evidence and that the request creates unreasonable annoyance, oppression and burden upon Defendant. ? •? r 13. List all of your creditors, indicating the amount of debt borrowed and the amount owed, when incurred, the amount of the periodic payment, and date the last payment was mde. ANSWER: Objection. Defendant objects to the above Interrogatory on the basis that the request is so irrelevant that it is not reasonably calculated to lead to the discovery of admissible evidence and that the request creates unreasonable annoyance, oppression and burden upon Defendant. .,1 ? 14. With regard to any vacations and/or trips you have taken between December 1, 2007, and the date of answering these Interrogatories, please provide the following information with regard to each such trip: a. Date(s) of the trip; b. Name of the place(s) you stayed; C. The destination; d. The names of all individuals with whom you traveled; e. The cost of the trip; and f. How you paid for the trip, or if not paid by you, who paid or partially paid for the trip. ANSWER: Objection. Defendant objects to the above Interrogatory on the basis that the request is so irrelevant that it is not reasonably calculated to lead to the discovery of admissible evidence and that the request creates unreasonable annoyance, oppression and burden upon Defendant. .,) .,I 15. List by date and location all social functions, including by way of example but. not limitation, parties, picnics, family gatherings, family dinners, etc. at which you and Carl Davis appeared together from December 1, 2007, through the present. ANSWER: None. .,r •`I 16. How long have you and Carl Davis been sexually intimate? ANSWER: Objection. Defendant objects to the above Interrogatory on the basis that the request is so irrelevant that it is not reasonably calculated to lead to the discovery of admissible evidence and that the request creates unreasonable annoyance, oppression and burden upon Defendant. . , ; . . , 17. State whether you and Carl Davis have been sexually exclusive with one another from December 1, 2007, through the present? ANSWER: Objection. Defendant objects to the above Interrogatory on the basis that the request is so irrelevant that it is not reasonably calculated to lead to the discovery of admissible evidence and that the request creates unreasonable annoyance, oppression and burden upon Defendant. Moreover, Defendant objects to the form of the question posed. . , 1 .. r 18. Have you ever spent an overnight at Carl Davis' home? If so, please provide the following information: a. The dates on which you spent an overnight between December 1, 2007, and the present; b. How often you have spent an overnight between each of the following time frames: i. July 1, 2009 and the present; ii. January 1, 2009 and June 30, 2009; iii. July 1, 2008 and December 31, 2008; iv. December 1, 2007 and June 30, 2008 ANSWER: Yes. a. Do not know the exact dates. b. See (a) above. ,,; .0 19. Please provide the following information on each and every bank and investment account on which your name appears: a. The name of the financial institution holding the account; b. The title holder(s) of the account; C. The account number; and d. The source of each and every deposit made between December 1, 2007, and the date of answering these interrogatories. ANSWER: Objection. Defendant objects to the above Interrogatory on the basis that the request is so irrelevant that it is not reasonably calculated to lead to the discovery of admissible evidence and that the request creates unreasonable annoyance, oppression and burden upon Defendant. , 1 . I 20. With respect to the accounts identified in the previous Interrogatory, please state whether Carl Davis has ever, by any means, including use of an ATM card, had access to the accounts for the period from December 1, 2007, through the present. If he has, list, by date, all occurrences when Mr. Davis accessed the accounts, the place from which the account(s) was (were) accessed and the purpose for which the accessed funds were used. ANSWER: No. 21. State whether you have ever, by any means, including use of an ATM card, accessed Carl Davis' checking, savings or other financial account(s) for the period from December 1, 2007, through the present. If the answer is yes, list, by date, all occurrences when you accessed Mr. Davis' account(s), the place from which the account(s) was (were) accessed and the purpose for which the accessed funds were used. ANSWER No. ., 1 .I / 22. Has Carl Davis ever given you any cash over the amount of $500.00? If so, on what date(s) and in what amount(s)? ANSWER: No. ..r 23. Do you have any account privileges for any credit card under Carl Davis' name or for which Carl Davis is financially responsible? If so, please provide the name(s) of the creditor and the account number(s) for all such accounts. ANSWER: No. 24. Do you keep any of the following items at Carl Davis' home? If so, indicate which items: a. Clothing; b. Toothbrush; C. Razor; d. Feminine Hygiene products; or e. Medications. ANSWER: No. 25. Does Carl Davis keep any of the following items at your home? If so, indicate which items: a. Clothing; b. Toothbrush; C. Razor; or d. Medications. ANSWER: No. On Objections: Date: 7 L ? 4? C. Howett, Jr., wire HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Defendant, Patti A. Bridges VRIECA'I'IDI Patti A_ Bridges, hereby swear and affura that the facts contained in the foregoing Defenda4t's Response to Plaintiff's Interrogatories - First Set are true and correct to the best of my L--loilctlge, -information snd belief and are made subject to the penalties 4f 13 Pe,.C>S, §4904 relating to unworn falsification to authorities. Date Patti A. Bridges .?t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES S. BRIDGES, ) Plaintiff ) NO. 2007-6890 V. ) PATTI A. BRIDGES, ) CIVIL ACTION - LAW Defendant ) IN DIVORCE CERTIFICATE OF SERVICE I, John C. Howett, Jr., Esquire, counsel for Patti A. Bridges, Defendant in the above- captioned action, hereby certify that a true and correct copy of the foregoing Defendant's Response to Plaintiff's First Set of Interrogatories - First Set was served upon Maria P. Cognetti, Esquire, counsel for James S. Bridges, Plaintiff, by depositing same in the United States mail, first class, on October 27, 2009, addressed as follows: Maria P. Cognetti, Esquire MARIA P. COGNETTI & ASSOCIATES 210 Grandview Avenue Suite 102 Camp Hill, PA 17011 Date: (1 0 L--1 (14? Is I- Jdhir'C. Howett, Jr., Esquire HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: 717-234-2616 Counsel for Defendant, Patti A. Bridges r .. ? "'10 d ..,,,oe 1e0310A03}1 S3!&3S OOD06 ? 0" i John C. Howett, Jr., Esquire HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Defendant Patti A. Bridges IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES S. BRIDGES, Plaintiff ) } V. ) PATTI A. BRIDGES, ) Defendant ) NO. 2007-6890 CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S RESPONSE TO PLAINTIFF'S REQUEST FOR . PRODUCTION OF DOCUMENTS - FIRST SET To: James S. Bridges, Plaintiff c/o Maria P. Cognetti, Esquire MARIA P. COGNETTI & ASSOCIATES 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 AND NOW, comes Defendant, Patti A. Bridges, by and through her counsel, Howett, Kissinger & Holst, P.C., who hereby provides the following Response to Plaintiff's Request for Production of Documents - First Set: .. s 6, I REQUESTS Federal and state individual/joint personal income tax returns, including W-2 Forms and all attached schedules, filed by you for tax year 2008. ANSWER: Objection. Defendant objects to the request on the basis that the request is so irrelevant that it is not reasonably calculated to lead to the discovery of admissible evidence and that the request creates unreasonable annoyance, oppression and burden upon Defendant. 2. If your 2008 tax returns are not yet filed, provide copies of any draft or proposed returns, all of your W-2 forms, K-1 forms, 1099 forms, and.any other documents that are being used to prepare your 2008 tax returns. ANSWER: Objection. Defendant objects to the request on the basis that the request is so irrelevant that it is not reasonably calculated to lead to the discovery of admissible evidence and that the request creates unreasonable annoyance, oppression and burden upon Defendant. 3. All financial statements prepared by you or on your behalf since December 1; 2007. ANSWER: After reasonable investigation, Defendant has determined . there are no documents responsive to this request. 4. Your income and earnings records, including but not limited to payroll stubs or wage statements, any commission statements, or any 1099s issued by any person or entity for which you have performed services for the past twelve months. ANSWER: After reasonable investigation, Defendant has determined there are no documents responsive to this request. All monthly statements issued by any bank, savings institution, or other financial institution in which you maintained an account from December 1, 2007, through the date of answering these requests. ANSWER: Objection. Defendant objects to the request on the basis that the request is so irrelevant that it is not reasonably calculated to lead to the discovery of admissible evidence and that the request creates unreasonable annoyance, oppression and burden upon Defendant. •.,0 a " ? 6. All cancelled checks for any and all checking accounts which you maintained from December 1, 2007, through the date of answering these requests. ANSWER: After reasonable investigation, Defendant has determined there are no documents responsive to this request. 7. All check registers, stubs or carbonated copies of checks for any and all checking accounts which you maintained from December 1, 2007, through the date of answering these requests. ANSWER: After reasonable investigation, Defendant has determined there are no documents responsive to this request. Copy of Quicken (or equivalent program) check register from December 1, 2007, through the date of answering these requests, both personal and business. ANSWER: After reasonable investigation, Defendant has determined there are no documents responsive to this request. 9. All monthly credit card statements and other charge account statements (Mastercard, Visa, American Express, Discover, department stores, oil and gas companies, etc.), and supporting information, the accounts of which were in your name individually or jointly with any other person, from December 1, 2007, through the date of answering these requests. ANSWER: After reasonable investigation, Defendant has determined there are no documents responsive to this request. 10. Copies of your utility bills, including cellular telephone bills, from December 1, 2007, through the date of answering these requests. ANSWER: After reasonable investigation, Defendant has determined there are no documents responsive to this request. 11. All documents indicative of tax-free income received by you between December 1 2007, and the date of answering these requests. ANSWER: After reasonable investigation, Defendant has determined there are on documents responsive to this request. 0 f • 1 12. All loan applications and loan documents, pertaining to any sums of money borrowed or to be borrowed by you, individually or jointly with any other person, or as guarantor, from December 1, 2007, through the present. ANSWER: After reasonable investigation, Defendant has determined there are no documents responsive to this request. 13. All brokerage statements, pertaining to any accounts in which you individually, or with others, had any interest, from December 1, 2007, through the present. ANSWER: After reasonable investigation, Defendant has determined there are no documents responsive to this request. 14. All mutual fund statements, pertaining to any accounts in which you individually, or with others, had any interest, from December 1, 2007, through the present. ANSWER: After reasonable investigation, Defendant has determined there are no documents responsive to this request. 15. All savings certificates or certificates of deposit, or other depository receipts presently owned or in which you had any interest, from December 1, 2007, through the present. ANSWER: Objection. Defendant objects to the request on the basis that the request is so irrelevant that it is not reasonably calculated to lead to the discovery of admissible evidence and that the request creates unreasonable annoyance, oppression and burden upon Defendant. 16. Please produce a copy of your fee agreement with Howett, Kissinger & Holst, P.C. ANSWER: Objection. Defendant objects to the request on the basis that the request is so irrelevant that it is not reasonably calculated to lead to the discovery of admissible evidence and that the request creates unreasonable annoyance, oppression and burden upon Defendant, and that the information is privileged. .- f * , ? 17. Please produce a copy of your fee agreement with Melissa C. Prince, Esquire, and Kleinbard, Bell & Becker. ANSWER: Objection. Defendant objects to the request on the basis that the request is so irrelevant that it is not reasonably calculated to lead to the discovery of admissible evidence and that the request creates unreasonable annoyance, oppression and burden upon Defendant, and that the information is privileged. 18. Please produce copies of your billing invoices from Howett, Kissinger & Holst, P.C., from the inception of their representation to the present. ANSWER: Objection. Defendant objects to the request on the basis that the request is so irrelevant that it is not reasonably calculated to lead to the discovery of admissible evidence and that the request creates unreasonable annoyance, oppression and burden upon Defendant, and that the information is privileged. 19. Please produce copies of your billing invoices from Melissa C. Prince, Esquire, and Kleinbard, Bell & Becker, from the inception of their representation to the present. ANSWER: Objection. Defendant objects to the request on the basis that the request is so irrelevant that it is not reasonably calculated to lead to the discovery of admissible evidence and that the request creates unreasonable annoyance, oppression and burden upon Defendant, and that the information is privileged. 20. Please produce documentation for all monies you have borrowed to assist you with the payment of your living expenses. ANSWER: After reasonable investigation, Defendant has determined there are no documents responsive to this request. On Ob-ections: C Date: 0 L-1 ICA C. Howett, Jr., quire HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street/P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Defendant, Patti A. Bridges .,,f 1, ,t VERIFICATJM Patti A. Bridges, hereby swear and affmn that the facts contained in the foregoing s Response to Plaintiff s Request for Production of Documents - First Set are true and correct io the hest of trey knowlad e, information and belief and aremade subject to the pew!lties of 18 P.C.S. §4904 relating to unsworn falsification to authorities. alti A. Bridges • • 1b ( J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES S. BRIDGES, Plaintiff V. PATTI A. BRIDGES, Defendant NO. 2007-6890 CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, John C. Howett, Jr., Esquire, counsel for Patti A. Bridges, Defendant in the above- captioned action, hereby certify that a true and correct copy of the foregoing Defendant's Response to Plaintiff s Request for Production of Documents - First Set was served upon Maria P. Cognetti, Esquire, counsel for James S. Bridges, Plaintiff, by depositing same in the United States mail, first class, on October 27, 2009, addressed as follows: Maria P. Cognetti, Esquire HOWETT, KISSINGER & HOLST, P.C. .130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Date: d Johk-C,.,Howett, Jr., Esquiff HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: 717-234-2616 Counsel for Defendant, Patti A. Bridges II t . yC CERTIFICATE OF SERVICE I, Maria P. Cognetti, Esquire, hereby certify that I served a true and correct copy of the foregoing Motion to Schedule Discovery Conference at the address indicated below: John C. Howett, Jr., Esquire HOWETT KISSINGER & HOLST, PC PO Box 810 Harrisburg, PA 17108 Service : Personal service via hand delivery X Service by First Class, United States Mail, postage pre-paid, mailed at Camp Hill, Pennsylvania, addressed as indicated above Overnight delivery Facsimile service Certified/Registered Mail MARIA P. COGNETTI & ASSOCIATES Date: December 3, 2009 By: MARIA If. C?ETTI, ESQUIRE Attorney I.D. 7914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff c:;- ?4 ' ? ? rt' ,? ,? ? "., f.? f W ?.. ?: ., J r _ 11 MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Email: mcognetti@cognettilaw.com Attorneys for Plaintiff JAMES S. BRIDGES, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. PATTI A. BRIDGES, Defendant NO. 2007-6890 CIVIL ACTION -LAW IN DIVORCE ORDER OF COURT S AND NOW, to wit, this Q? y of December, 2009 upon consideration of the foregoing Motion to Schedule Discovery Conference, it is hereby ORDERED and DECREED that said Motion is granted and a hearing is scheduled for the day of 2010 at m. in Courtroom No. -?. BY THE COURT: Distribution: aria P. Cognetti, Esquire, 210 Grandview Avenue, Suite 102, Camp Hill, PA 17011 ohn C. Howett, Jr., Esquire, P.O. Box 810, Harrisburg, PA 17108 CoP I'es m???. 14q/o? tzll fl-OFFICE OF THE PROTHONOTARY 2009 DEC -9 AM !0.2 7 PEN SYLVANA. MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney ID No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Email: mcognetti@cognettilaw.com Attorneys for Plaintiff JAMES S. BRIDGES, V. PATTI A. BRIDGES, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : DOCKET NO. 2007-6890 CIVIL ACTION -LAW IN DIVORCE Defendant PRAECIPE TO WITHDRAW PETITION TO TERMINATE ALIMONY TO THE PROTHONOTARY: Kindly withdraw and discontinue the Petition to Terminate Alimony filed by the Plaintiff, James S. Bridges, on or about August 11, 2009, and instruct the Prothonotary to mark same as withdrawn and discontinued. Respectfully submitted, P. COGNETTI & Date: December 22, 2009 By: v1 Maria P. Co etti Attorney ID #279 210 Grandview Avenue, Suite 102 Camp Hill, PA 17110 Telephone: (717) 909-4060 TES Attorney for Plaintiff a CERTIFICATE OF SERVICE I, Maria P. Cognetti, Esquire, hereby certify that I served a true and correct copy of the foregoing Praecipe to Withdraw Petition to Terminate Alimony at the address indicated below: John C. Howett, Jr., Esquire HOWETT KISSINGER & HOLST, PC PO Box 810 Harrisburg, PA 17108 Service by: Personal service via hand delivery X Service by First Class, United States Mail, postage pre-paid, mailed at Camp Hill, Pennsylvania, addressed as indicated above Overnight delivery Facsimile service Certified/Registered Mail MARIA P. COGNETTI & ASSOCIATES Date: December 22, 2009 By: MARIA(P. C_ G TTI, ESQUIRE Attorney I.D. o. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff AilRY ?009 DEC 23 F l : 39 11 MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney ID No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Email: mcognetti@cognettilaw.com Attorneys for Plaintiff JAMES S. BRIDGES, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. 2007-6890 PATTI A. BRIDGES, CIVIL ACTION - LAW Defendant IN DIVORCE PRAECIPE TO WITHDRAW MOTION TO SCHEDULE DISCOVERY CONFERENCE TO THE PROTHONOTARY: Kindly withdraw and discontinue the Motion to Schedule Discovery Conference filed by the Plaintiff, James S. Bridges, on December 4, 2009, and instruct the Prothonotary to mark same as withdrawn and discontinued. Respectfully submitted, MARIA P. COGNETTI & ASSOCIATES Date: December 22, 2009 By: / Maria P. gn( AttorneyC #2 210 Grandview Avenue, Suite 102 Camp Hill, PA 17110 Telephone: (717) 909-4060 Attorney for Plaintiff M n CERTIFICATE OF SERVICE I, Maria P. Cognetti, Esquire, hereby certify that I served a true and correct copy of the foregoing Praecipe to Withdraw Motion to Schedule Discovery Conference at the address indicated below: John C. Howett, Jr., Esquire HOWETT KISSINGER & HOLST, PC PO Box 810 Harrisburg, PA 17108 Service by: Personal service via hand delivery X Service by First Class, United States Mail, postage pre-paid, mailed at Camp Hill, Pennsylvania, addressed as indicated above Overnight delivery Facsimile service Certified/Registered Mail Date: December 22, 2009 By: MARIA P. COGNETTI & ASSOCIATES MARIA &CO/GN*TTI, ESQUIRE Attorney 7914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff 1t' T ?r , '?1iA RU 2009 DEC 23 Pi 1: 348