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HomeMy WebLinkAbout08-4535 Divorce Complaint Prepared By: Diane G. Radcliff, Esquire 3448 Trindle Road, Camp Hill, PA 17011 Supreme Court ID # 32112 Phone: 717-737-0100 • Fax: 717-975-0697 • Email: dianeradcliff @comcast.net Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DENISE CULLEY, Plaintiff NO. Og - j4555 C'ivi { Ie m v. KEVIN P. CULLEY, CIVIL ACTION - LAW : DIVORCE Defendant 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 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, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDER YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone No. (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DENISE CULLEY, Plaintiff NO. V. : CIVIL ACTION - LAW KEVIN P. CULLEY, DIVORCE Defendant COMPLAINT Plaintiff, Denise Culley by her attorney, Diane G. Radcliff, Esquire, and files this Complaint in Divorce of which the following is a statement: COUNT I DIVORCE 1. The Plaintiff is Denise Culley, an adult individual residing at 6977 Wertzville Road, Enola, Cumberland County, Pennsylvania since 1995. 2. The Defendant is Kevin P. Culley, an adult individual residing at 6977 Wertzville Road, Enola, Cumberland County, Pennsylvania since 1995. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on August 1, 1987 in Gallitzin, PA 16641. 5. Plaintiff avers that there are two (2) children under the age of eighteen (18) born of the marriage, namely, to wit: Brooke Culley born August 28, 1994 and Justin Culley born August 26, 1998. 6. There was a prior divorce action filed by Plaintiff in Cumberland, County, PA and docketed to No. 02-1791, which action was withdrawal based upon an attempted reconciliation of the parties. 7. Plaintiff has been advised that counseling is available and that Plaintiff may have the right -1- to request that the Court require the parties to participate in counseling. 8. Defendant is not a member of the Armed Services of the United States or any of its Allies. 9. Plaintiff avers that the grounds on which the action is based are: A. Section 3301(c) Mutual Consent No-Fault: The marriage is irretrievably broken; B. Section 3301(d) Non-Consent No-Fault: The marriage is irretrievably broken and the parties are now living separate and apart. Once the parties have lived separate and apart for a period of two years, Plaintiff will submit an Affidavit alleging that the parties have lived separate and apart for at least two (2) years and that the marriage is irretrievably broken. C. Section 3301(a)(2) Adultery: Defendant has committed adultery. D. Section 3301 (a)(6) Indignities: Defendant has offered such indignities to the person of the Plaintiff, the innocent and injured spouse, as to render her condition intolerable and life burdensome, and that this action is not collusive. 10. Plaintiff requests the Court to enter a decree of divorce. WHEREFORE, Plaintiff requests this Honorable Court to enter a decree in divorce, divorcing the Plaintiff and Defendant. COUNT II EQUITABLE DISTRIBUTION 11. Paragraphs 1 through 10 are incorporated by reference hereto as fully as though the same were set forth at length. 12. Plaintiff and Defendant have acquired property, both real and personal, and incurred debts during their marriage from the date of their marriage until the date of their separation, all of which are "marital property" or "marital debts". 13. Plaintiff and/or Defendant have acquired, prior to the marriage or subsequent thereto, "non-marital property" which has increased in value since the date of marriage and/or subsequent to its acquisition during the marriage, which increase in value is "marital property". -2- 14. Plaintiff and Defendant have been unable to agree as to an equitable division of the marital property and marital debts as of the date of the filing of this Complaint. WHEREFORE, Plaintiff requests this Honorable Court to equitably divide all marital property and debts of the parties. COUNT III ALIMONY PENDENTE LITE, ALIMONY 15. Paragraphs 1 through 10 are incorporated by reference hereto as fully as though the same were set forth at length. 16. Plaintiff lacks sufficient property to provide for her reasonable means and is unable to support herself through appropriate employment. 17. Plaintiff requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. WHEREFORE, Plaintiff requests this Honorable Court to enter an award of alimony pendente lite until final hearing and hereafter enter an award of alimony permanently thereafter. COUNT IV COUNSEL FEES, COSTS AND EXPENSES 18. Paragraphs 1 through 10 are incorporated by reference hereto as fully as though the same were set forth at length. 19. Plaintiff has employed legal counsel in this case, but is unable to pay the necessary and reasonable attorney's fees for said counsel. 20. Plaintiff has or will incur costs in this action including, but not limited to, costs for various experts to appraise the parties' marital assets, and does not have the funds to pay the necessary and reasonable fees , costs and expenses. WHEREFORE, Plaintiff requests this Honorable Court to enter an award of interim counsel fees, costs and expenses and to order such additional sums hereafter as may be deemed -3- necessary and appropriate and at final hearing to further award such additional counsel fees, costs and expenses as are deemed necessary and appropriate. Respectful submitted, ?. DCLIFF, ESQUIRE 3448 T ' e Road Camp Hill, PA 17011 Phone: (717) 737-0100 Supreme Court ID # 32112 Attorney for Plaintiff -4- VERIFICATION Denise Culley verifies that the statements m ide in this Complaint are true and correct. Denise Culley understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Deni e Culley Date: -7 /v E -6- ?? ,. ?? ? ? ;? X ..5 ?,'w (,?(?,? 7?r '? .. ? .? {' .? '4" }. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DENISE CULLEY, V. KEVIN P. CULLEY, Plaintiff NO. Defendant : CIVIL ACTION - LAW : DIVORCE RE: PETITION FOR SPECIAL RELIEF - INJUNCTION AND ATTORNEYS FEES 1. The Petitioner is Denise Culley, (hereafter referred to as "Wife"), an adult individual residing at 6977 Wertzville Road, Enola, Cumberland County, Pennsylvania, and is the Plaintiff in the above captioned divorce action. 1. The Respondent is Kevin P. Culley, (hereafter referred to as "Husband") an adult individual residing at 6977 Wertzville Road, Enola, Cumberland County, Pennsylvania, and is the Defendant in the above captioned divorce action. 2. The parties are husband and wife. They were married on August 1, 1987 and separated (in house) on July 1, 2008. 3. This is a 1't marriage for both parties. 4. Wife is employed at Kohls in Customer Service and earns approximately $15,000 to $17,000 per year. 5. Husband employment history is as follows: A. He was employed by Ahold Corporation (Giant) for approximately 7 to 8 years. When he quit in 1997 the position he held was that of a construction foreman for that company earning approximately $100,000 per year. B. Husband took a year off from work. C. During the period from 1998 through 2004, husband was employed by Westra Construction as a construction foreman earning approximately $126,000 per year. Husband quit that job in 2004. D., During the period from 2004 until April 2008 Husband was a self employed construction contractor operating as Culley's Construction, LLC. 1 E. Husband terminated his self employment in April 2008 allegedly because of an arm injury, but has never received any doctor's instructions not to work and has not applied for any construction manager positions which do not require physical labor on his part. He has remained unemployed since April 2008. 6. Wife believes that Husband intends on remaining unemployed during the pendency of these proceedings to avoid any obligation he may have to support her and to obtain a greater share of the parties' marital assets. 7. Wife initiated this action by the filing of a Divorce Complaint immediately prior to the filing of this Petition. 8. In Wife's Divorce Complaint, Wife raised a claim for equitable distribution of the parties' marital property. 9. During their marriage, the parties acquired certain marital assets which are listed on the Martial Analysis Table attached to this Complaint as Exhibit "A" and made a part hereof. 10. Husband has controlled and continues to control most of the marital assets listed on the Marital Analysis Table attached as Exhibit "A". 11. Recently, Husband has been withdrawing funds from the various marital accounts and Certificates of Deposit. 12. Plaintiff believes and fears that Defendant will remove, transfer, convey, dispose, alienate or encumber the marital assets listed on Exhibit "A" , which will defeat or diminish her rights in equitable distribution, a claim for which has been raised in this Complaint. 13. During the marriage, to the extent there are, or have been retirement plans or other assets which contained provisions for the designation of death beneficiaries or survivors benefits, the parties designated each other as the death benefit beneficiary or survivor entitled to such death/survivors benefits. These plans would include, but not be limited to: A. Husband's Charles Schwab R/0 IRA; B. Wife's Kohl's 401(k) 14. Plaintiff believes and fears that Defendant will change the death/survivors 2 benefits beneficiary designation, which will defeat or diminish her rights in equitable distribution. 15. Immediately prior to the filing of the Divorce Complaint and this Petition, Husband provided medical (health, prescription, vision and dental) insurance coverage for Wife and the parties' children. 16. Wife needs to have the insurance coverage continue until all economic claims are resolved. 17. Wife has limited income and needs funds to pay her attorney and to pay for the necessary appraisals of the parties' marital assets. 18. No judge has been assigned to this case prior to the filing of this Claim. 19. Husband has not been contacted prior to the filing of this Petition as it is feared that he will dispose of marital property if he knew of the intended filing. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter an Order that pending equitable distribution of the parties' marital assets and further Order of this Court, the parties, or each of them, be: A. Enjoined and prohibited from the removing, transferring, conveyancing, disposing, alienating or encumbering of any of the following marital assets of the parties, except as hereafter provided: No Description of Property or Liability for Which an Injunction Is Sought Estimated Net Value 1 6977 Wertzville Rd, Enola, PA (A) 241,000.00 2 2200 Derry St, Harrisburg, PA (A) 93,000.00 3 Husband's 1/2 interest in 209 Beech Street, Cresson, PA 13,950.00 4 Joint 2005 Chevy Trailblazer (Jt - Wife's Use) 20,000.00 5 Husband's 2000 Harley Davidson Motorcycle (H) 25,000.00 6 Husband's Boat TBD 7 A. Charles Schwab CD #7799 34,000.00 8 A. Member's 15` #233 15 mo CD 10/15/08 maturity 45,000.00 9 A. Member's Vt #233 11 mo CD 8/19/08 Maturity 15,600.00 10 Husband's Member's 1S` Money Mgmt #334 Unknown 11 Culley Construction 2007 Suburban 40,000.00 12 Culley Construction 1996 or 97 Chevy Utility Van 20,000.00 3 No Description of Property or Liability for Which an Injunction Is Sought Estimated Net Value 13 Culley Construction Tools and Equipment TBD 14 Husband's Member's 1St Traditional IRA # 27815 TBD 15 Husband's Member's 1't 15 IRA CD 4,000.00 16 Husband's Charles Schwab R/0 IRA 130,000.00 17 Wife's Kohl's 401 K 8,300.00 18 Total 689,850.00 B. Required to designate the other party/spouse as the beneficiary of the death benefits or survivors benefits for any retirement plan or any other asset having such designation. C. Required to have the current, or equivalent, medical (health, prescription, vision and dental) insurance coverage on the parties and the parties' children continue in full force and effect. D. Directed to cash in the parties' A. Member's 1't #233 11 month CD, having an estimated value of $15,600.00, upon its maturity on 8/19/08 and equally divide the proceeds derived therefrom between the parties as an advancement on equitable distribution so that each party will have initial funds to pay for his or her attorney and secure any appraisals that may deem appropriate. Respectfully Submitted, --1 (7--- -1 D G. RADCLI ) ESQUIRE (, ttorney Registrat n No 32112) 34 , Camp Hill, PA 17011 Email: dianeradctiff@comcast.net Phone: (717) 737-0100 • Fax: (717) 975-0697 Counsel for Plaintiff, Denise C. Culley Dated: July 24, 2008 4 VERIFICATION verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Mja?L Denise C. Culley r Date: ?jr 5 EXHIBIT "A" MARITAL ESTATE TABLE PRELIMINARY MARITAL ESTATE ANALYSIS Denise Culley vs Kevin Culley DOM: 8/111987 DOS: 7/112008 (Length of Marriage: 21 years) Prepared: July 14, 2008 No Description of Property or Liability Net Calculation Value Marital Distribution Value 1 6977 Wertzville Rd, Enola, PA (Jt) 300,000.00 711111 2 Susquehanna Bank @ 7/08 (37, 755.29) 3 Est. Cost of Sale @ 7% (21,000.00) 4 Net Equity (Sale) 241,244.71 241,244.71 5 6 2200 Derry St, Harrisburg, PA (Jt) 100,000.00 7 Est. Cost of Sale @ 7% (7,000.00) 8 Net Equity (Sale) 93,000.00 93,000.00 9 10 209 Beech Street, Cresson, PA 1/2 interest 15,000.00 11 Est. Cost of Sale @ 7% (1,050.00) 12 Net Equity (Sale) 13,950.00 13,950.00 13 14 2005 Chevy Trailblazer (Jt - Wife's Use) 20,000.00 20,000.00 15 16 2000 Harley Davidson Motorcycle (H) 25,000.00 25,000.00 17 18 ll Boat 25,000.00 25,000.00 19 20 Charles Schwab CD #7799 (Jt) @ 4/08 34,280.91 34,280.91 21 22 Member's 1" #233 15 mo CD (Jt) 10/15/08 maturity 45,196.35 23 Member's 1s` #233 11 mo CD (Jt) 8/19/08 Maturity 15,617.80 24 Total Member's 15` CDs @ 7.8.08 60,814.15 60,814.15 25 26 Member's 15` Jt Checking #233 @ 7.8.08 443.84 27 Member's 1" Jt. Savings #233 @ 7.8.08 249.00 28 Total Member's 1s` #233 @ 7.8.08 692.84 692.84 29 30 1" National Bank #4141 (H) TB D TB D PRELIMINARY MARITAL ESTATE ANALYSIS Denise Culley vs Kevin Culley DOM: 81111987 DOS: 71112008 (Length of Marriage: 21 years) Prepared: July 14, 2008 No Description of Property or Liability Net Calculation Value Marital Distribution Value 31 32 Americhoice # ? (H) Phone 909-0460 TB D TB D 33 34 Member's 1" Money Mgmt #334 (H) TB D TB D 35 36 Culley Construction Services LLC OF/ 37 Member's 1" Business Account #421 TBD 38 2007 Suburban 40,000.00 39 1996 or 97 Chevy Utility Van 20,000.00 40 Tools and Equipment TBD 41 Total Culley Construction 60,000.00 60,000.00 42 43 Member's 1" Traditional IRA # 27815 (H) TB D TB D 44 45 Member's 15` 15 IRA CD (H) @ 7.8.08 4,263.10 4,263.10 46 47 Charles Schwab R/0 IRA (H) @ 5.21.08 130,219.43 130,219.43 48 49 Kohl's 401 K (W) @3.21.08 13,371.93 50 W's Hardship loan (5,000.00) OF/ 51 Net Kohl's IRA 8,371.93 8,371.93 52 53 TOTALS 54 Estimated Total of Assets and Liabilities 716,837.07 6 11 8 8 1008 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DENISE CULLEY, CytS - *& Plaintiff NO. V. CIVIL ACTION - LAW KEVIN P. CULLEY, DIVORCE Defendant RULE AND TEMPORARY INJUNCTION AND NOW, this day of , 2008, upon consideration of the within Petition, IT IS HEREBY ORDERED th : A Rule is entered upon the Defendant to show cause why the relief requested in the within petitio should not be granted. Rule Returnable at a hearing scheduled for the 6-a day of , 2008 at //;Da o'clock -a-.m. in Courtroom 4 of the Cumberland Cou ty Courthouse, Carlisle, Pennsylvania. The parties shall appear at that date and time and give testimony and argument on the issues raised in the within Petition. AND IT IS FURTHER ORDERED that pending the hearing and further Order of Court, but without prejudice to either party, the parties are enjoined and prohibited from the removing, transferring, canceling, conveyancing, disposing, alienating, encumbering , taking out any loans against, or otherwise taking any action that would diminish the value of any of the following marital assets: No Description of Property or Liability to Which the Injunction Applies Estimated Net Value 1 6977 Wertzville Rd, Enola, PA (A) 241,000.00 2 2200 Derry St, Harrisburg, PA (Jt) 93,000.00 3 Husband's %z interest in 209 Beech Street, Cresson, PA 13,950.00 4 Joint 2005 Chevy Trailblazer (Jt - Wife's Use) 20,000.00 5 Husband's 2000 Harley Davidson Motorcycle (H) 25,000.00 6 Husband's Boat TBD 7 A. Charles Schwab CD #7799 34,000.00 8 A. Member's 1St #233 15 mo CD 10/15/08 maturity 45,000.00 9 A. Member's 1St #233 11 mo CD 8/19/08 Maturity 15,600.00 10 Husband's Member's 1St Money Mgmt #334 Unknown No Description of Property or Liability to Which the Injunction Applies Estimated Net Value 11 Culley Construction 2007 Suburban 40,000.00 12 Culley Construction 1996 or 97 Chevy Utility Van 20,000.00 13 Culley Construction Tools and Equipment TBD 14 Husband's Member's 15` Traditional IRA # 27815 TBD 15 Husband's Member's 1St 15 IRA CD 4,000.00 16 Husband's Charles Schwab R/0 IRA 130,000.00 17 Wife's Kohl's 401 K 8,300.00 18 Total 689,850.00 BY THE COURT: DISTRIBUTION TO: Attorney for Plaintiff: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 dianeradcliffC comcast. net Phone: (717) 737-0100 Fax: 717-975-0697 /.t? -& atz? ? 12k? ,C'6 & "Ile Defendant: Kevin P. Culley 6977 Wertzville Road, Enola, Pennsylvania 17025 Cell: 514-5977 off 9,2 9- t'?(? ^?s g;?`? ?Cr ?;?sn l1 Lt !.fix ?i 11 f ;I Mai aL ?a.i i "? - ; ;:;?t_l ...,?. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DENISE CULLEY, Plaintiff . NO. 08-4535 V. : CIVIL ACTION - LAW KEVIN P. CULLEY, DIVORCE Defendant AFFIDAVIT OF SERVICE 1, the undersigned, being duly sworn/affirmed according to law, deposes and says: 1. I am over 18 years of age and am not related to either party to this action. 2. 1 served a true and correct copy of the Complaint in Divorce, properly endorsed with a Notice to Plead, and Petition for Special Relief - Injunction and Attorneys Fees and Rule and Temporary Injunction upon the Defendant, Kevin P. Culley, on 7. //. 3a 4 L-- by handing a copy to Defendant at Cad 77 WC-4s Vw P' '5K-('L.' ,r,.¢ (Signat re) t c- 41CD (Printed name) Sworn to and subscribed before me a Notary Public in and for Cumberland County, Pennsylvania this Z!?day of t , 200Y. NOTARY PUBLIC My commission expires: COMMONWEALTH OF PENNSYL\IANIA Notarial Seal Deborah L DoNey, Notary Public Camp Hiq Boro, Cumberland Cotr?ty My Cwin*sion E)ires Sept. 23, 2011 Member, Pennsylvania Association of Notaries 7-,-< a• s 4 ORIGINAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DENISE CULLEY, Plaintiff . NO. 08-4535 CIVIL TERM V. CIVIL ACTION - LAW KEVIN P. CULLEY, : DIVORCE Defendant ORDER OF COURT AND NOW, this b' day of 14 48, k , 2008, upon consideration of the within Stipulation of the parties, IT IS HEREBY ORDERED that: 1. Except upon mutual agreement or sale to the neighboring landowner without the use of a realtor, the parties' jointly owned marital home located at 2200 Derry Street, Harrisburg, PA shall be listed for sale with a mutually agreeable real estate broker on or before August 31, 2008. The parties shall thereafter market and sell the Derry Street real estate at the best price obtainable, the parties further agreeing to follow all reasonable advice as to listing and sales price suggested by their real estate broker. Upon the sale and settlement of the Derry Street real estate, the net proceeds derived, after payment of the mortgage and any other liens and all other normal and reasonable settlement costs, shall be signed over to and held in escrow by the parties' attorneys. 2. The parties are enjoined and prohibited from the removing, transferring, canceling, conveyancing, disposing, alienating, encumbering, taking out any loans against, or otherwise taking any action that would diminish the value of the following assets, except upon mutual agreement and joint signatures of the parties: A. Wife's Kohl's Department Store, Inc., Retirement Program; B. Husband's Westra Construction , Inc., Retirement Plan; C. Husband's Member's 1St Traditional IRA, Account # 27815; D. Husband's Member's 1" 15 month IRA CD, Account # 0000138233; E. Husband's Charles Schwab R/0 IRA, Account #2620-7809; F. The jointly owned Charles Schwab account, Account #2620-7799; C%j O Z C-N G. Member's 1' Account # 0000138233 15 month Certificate of Deposit in the amount of $45,000 +/- (10/15/08 maturity date). The foregoing notwithstanding, when the CD matures, the proceeds shall be deposited into a joint interest bearing account from which $5,000 shall be paid to each party's attorney on account of attorneys fees incurred or to be incurred in this case, which shall be treated as an advance payment of each party's share in equitable distribution. Otherwise, this new account shall be under and subject to the injunctive terms set forth above; H. Member's Vt Account # 0000138233 11 month Certificate of Deposit in the amount of $15,617 +/- (8/19/08 maturity date). The foregoing notwithstanding, when the CD matures, the proceeds shall be deposited into a joint interest bearing account under and subject to the injunctive terms set forth above. 3. Each party shall designate the other party/spouse as the beneficiary of the death benefits or survivors benefits for any retirement plan or any other asset having such designation. 4. The current, or equivalent, medical (health, prescription, vision and dental) insurance coverage on the parties and the parties' children continue in full force and effect. 5. This Order shall supercede and replace the Temporary Injunction Order entered by this Court on July 29, 2008. BY THE COURT: DISTRIBUTION TO: _,Attorney for Plaintiff: Attorney for Defendant: lane G. Radcliff, Esquire VLfohn R. Fenstermacher, Esquire 3448 Trindle Road, Camp Hill, PA 17011 5115 East Trindle Road, Mechanicsburg, PA 17055 dianeradcliff@comcast.net Phone: 691-5400 • Fax: 691-5441 Phone: (717) 737-0100 • Fax: 717-975-0697 N -. 10 f ? Prepared By: Diane G. Radcliff, Esquire 3448 Trindle Road, Camp Hilt, PA 17011 Supreme Court ID # 32112 Phone: 717-737-0100 • Fax: 717-975-0697 • Email: dianeradcliff ecomcast.net Attorney for Plaintiff, Denise Cultey IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DENISE CULLEY, Plaintiff : NO. 08-4535 CIVIL TERM V. : CIVIL ACTION - LAW KEVIN P. CULLEY, : DIVORCE Defendant STIPULATION AND NOW, this 'bay of &171,1? -, 2008, the parties, Denise Culley and Kevin P. Cultey, hereby stipulate and agree that the foregoing Order, incorporated by reference hereto, shatt be entered by the Court. The parties further acknowledge that the only judge assigned to this case is the Honorable Kevin A. Hess, who entered the Rule and Temporary Injunction on July 29, 2008. IN WITNESS WHEREOF, the parties hereto, together with their legal counsel, have set their hands and seals the day and year below w.ntten. T_ ? a? ? 4 D f, Esq - ire Dated: b n .)R. Fenstermacher, Esquire 0 (SEAL) Denise Culley Dated: -C/,- d, - 0 &Lg.L, " ed: U (SEAL) Kevin P. Culley Dated: W r 1? Prepared By: Diane G. Radcliff, Esquire 3448 Trindle Road, Camp Hill, PA 17011 Supreme Court ID # 32112 Phone: 717-737-0100 • Fax: 717-975-0697 • Email: dianeradcliff @comcast.net Attorney for Plaintiff, Denise Culley IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DENISE CULLEY, Plaintiff NO. 08-4535 CIVIL TERM V. : CIVIL ACTION - LAW KEVIN P. CULLEY, DIVORCE Defendant STIPULATION AND NOW, this f. r day of y 2008, the parties, Denise Culley and Kevin P. Culley, hereby stipulate and agree that the foregoing Order, incorporated by reference hereto, shall be entered by the Court. The parties further acknowledge that the only judge assigned to this case is the Honorable Kevin A. Hess, who entered the Rule and Temporary Injunction on July 29, 2008. IN WITNESS WHEREOF, the parties hereto, together with their legal counsel, have set their hands and seals the day and year below written. 7?? - ? "I (SEAL) Dia adc Esq ire Denise Culley ?j Dated: g `{" d Dated: j'yy/ ?0?04 John R. Fenstermacher, Esquire Kevin P. Culley Dated: Dated: (SEAL) 1 Johnson, Duffle, Stewart & Weidner By: Melissa Peel Greevy, Esquire I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 DENISE CULLEY, Plaintiff V. KEVIN P. CULLEY, Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-4535 CIVIL TERM Defendant CIVIL ACTION - LAW PRAECIPE TO WITHDRAW/ENTER APPEARANCE TO THE PROTHONOTARY: AND NOW, this day of September, 2008, kindly withdraw the appearance of JOHN R. FENSTERMACHER, Esquire, on behalf of the Defendant. f By: CJhn R. F enstermacher, Esquire ney I.D. AND NOW, this day of September, 2008, enter the appearance of MELISSA PEEL GREEVY, Esquire on behalf of Defendant in the above captioned matter. JOHNSON, DUFFIE, STEWART & WEIDNER ByMe issa Peel Greevy, Esquire Attorney t.D. No. 77950 :343346 Coe) CD w Qw Johnson, Duffie, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Defendant DENISE CULLEY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 08-4535 V. CIVIL ACTION - LAW KEVIN P. CULLEY, Defendant PETITION TO RAISE DEFENDANT'S CLAIM FOR CUSTODY AND PETITION NE EXEAT AND NOW, this qb`" day of November, 2008, comes Defendant, KEVIN P. CULLEY, by and through his undersigned attorneys, Johnson, Duffie, Stewart & Weidner, and files this Petition to Raise Defendant's Claim for Custody and Petition Ne Exeat, and in support thereof avers as follows: 1. The Defendant is KEVIN P. CULLEY, hereinafter referred to as FATHER, currently residing at 1646 Airport Drive, Mechanicsburg, Cumberland County, Pennsylvania. 2. The Plaintiff is DENISE CULLEY, hereinafter referred to as MOTHER, who currently resides at 6977 Wertzville Road, Enola, Cumberland County, Pennsylvania 17025. 3. FATHER seeks custody of the following children: BROOKE CULLEY, age 14, whose date of birth is August 28, 1994 and JUSTIN CULLEY, age 10, whose date of birth is August 26, 1998. 4. The children were born in wedlock. 5. The children are presently in the custody of MOTHER AND FATHER as no order has been entered. 6. During the past five (5) years, the children have resided with the following persons at the following addresses: A. For the period from birth to October 17, 2008 with MOTHER and FATHER at 6977 Wertzville Road, Enola, Cumberland County, Pennsylvania. B. From October 17, 2008 with MOTHER at 6977 Wertzville Road, Enola, Cumberland County, Pennsylvania. 7. The FATHER of the children is the Defendant. He is married to the MOTHER. 8. The MOTHER of the children is the Plaintiff. She is married to the FATHER. 9. The relationship of Defendant to the children is that of FATHER. The Defendant currently resides with his sister Diane Bradley. 10. The relationship of Plaintiff to the children is that of MOTHER. The Plaintiff currently resides with the children and Joshua Culley, age 19, in the marital home. 11. FATHER has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. 12. FATHER does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 13. The best interest and permanent welfare of the children will be served by granting the relief requested for the following reasons: A. The children report that MOTHER is planning to move them to Gallitzin, Cambria County, Pennsylvania, which they do not want to do. B. The children need frequent and continuing contact with both parents, who have been a daily part of their lives. C. FATHER has been denied partial custody of the children by MOTHER who left the 2 younger children over the weekend of October 25-27, 2008, with an older sibling who is ill, rather than arrange for the children to be with their FATHER. D. MOTHER has been discussing the divorce with the children, placing them in the middle of the adult's issues. E. MOTHER has not been cooperative in FATHER'S efforts to arrange much needed mental healthcare for the parties' daughter who has been struggling with her mood and declining academic performance. 13. Each parent whose parental rights to the children have not been terminated, and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, Defendant prays this Honorable Court to grant him shared legal and physical custodial rights, enter an Order enjoining Mother from relocating with the children, and other such relief as the Court may deem appropriate. Respectfully submitted, JOHNS OF , STEWART & WEIDNER Melissa Peel Greevy VERIFICATION I, KEVIN P. CULLEY, verify that the statements made in this Complaint For Custody and Petition Ne Exeat are true and correct to the best of my knowledge, information and belief. understand that false statements made herein are made subject to the penalties of 18 Pa. C.S.A §4904, relating to unsworn falsification to authorities. Date: )) 610 g KEVIN P. CULLEY 348769 CERTIFICATE OF SERVICE AND NOW, this 2?ay of November, 2008, the undersigned does hereby certify that he did this date serve a copy of the foregoing Petition To Raise Defendant's Claim For Custody and Petition Ne Exeat upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Diane G. Radcliff, Esqurie 3448 Trindle Road Camp Hill, PA 17011 JOHNS N, DU IE, STEWART & WEIDNER By: Melissa Peel Greevy, Esquire DENISE CULLEY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-4535 CIVIL ACTION LAW KEVIN P. CULLEY IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, November 13, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at_ 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, December 17, 2008 at 10:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunda ES Q. i1o Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 M NIVAUSNN3d ,UNno-,, 4"rAno h s :1 lid h ! AON DOZ ?&IQN) UQUd i4l ?O a J L L 2 41 2008 y\ 3 1V. , / DENISE CULLEY IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2008-4535 CIVIL ACTION LAW KEVIN P. CULLEY : Defendant IN CUSTODY ORDER OF COURT AND NOW, this Z'pk day of 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Kevin P. Culley, and the Mother, Denise Culley, shall have shared legal custody of Brooke Culley, born August 28, 1994, and Justin Culley, born August 26, 1998. Major decisions concerning the Children including, but not necessarily limited to, their health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in each Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Children. Neither party shall attempt to alienate the affections of the Children from the other party. Each party shall notify the other of any activity or circumstance concerning the Children that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 2. The parties shall share having physical custody of the Children, with the specific arrangements to be made by agreement between the parties. 3. Neither party shall relocate the residence of the Children without the prior consent of the other party or Court approval. In the event either party seeks to relocate with the Children, that parent shall notify the other parent at least sixty (60) days in advance to enable the parties to make any necessary changes to the custodial schedule or resolve the issues through the legal process. 4. Within six (6) months of the date of this Order, counsel for either party may contact the conciliator to either schedule a conference call with counsel or an additional custody conciliation conference, if necessary. 5. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. 6. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual c?- the absence of mutual consent, the terms of this Order shall control. / BY Z cc: e lissa P. Greevy, Esquire - Counsel for Father Zmiane G. Radcliff, Esquire - Counsel for Mother COUR' l ?p6P3 LL I Id.'J.4/Dg c?`= ?? ?:', ' ` 4.".J - ?.J ,.? Z? ?? f ?? L? a cc7 C:i -?? ? ?? 1 DENISE CULLEY vs. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2008-4535 CIVIL ACTION LAW KEVIN P. CULLEY Defendant IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Brooke Culley August 28, 1994 Mother/Father Justin Culley August 26, 1998 Mother/Father 2. A custody conciliation conference was held on December 22, 2008, with the following individuals in attendance: the Mother, Denise Culley, with her counsel, Diane G. Radcliff, Esquire, and the Father, Kevin P. Culley, with his counsel, Melissa P. Greevy, Esquire. 3. The parties agreed to entry of an Order in the form as attached. X-2 3? 10 Date Dawn S. Sunday, Esquire Custody Conciliator Johnson, Duffie, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 Attorneys for Plaintiff 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 DENISE CULLEY, Plaintiff v. KEVIN P. CULLEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-4535 CIVIL ACTION - LAW PETITION FOR LEAVE TO WITHDRAW APPEARANCE AND NOW, comes the law firm of Johnson Duffie Stewart & Weidner and respectfully represents as follows: 1. Your Petitioner currently represents the Defendant, Kevin P. Culley, in the within action. 2. Certain circumstances have arisen between Defendant and your Petitioner which make termination of the relationship mutually beneficial. 3. In correspondence dated March 12, 2009, your Petitioner provided Defendant with notice of intention to present a Petition to Withdraw as counsel if he did not obtain new counsel by March 27, 2009. 4. There are no other matters currently schedule before this Court which would cause prejudice to Defendant if this Petition is granted. 5. The Honorable Kevin A. Hess was previously assigned to this case regarding a Petition for An Injunction. WHEREFORE, it is respectfully requested that this Honorable court grant Petitioner's request for leave to withdraw. JOHNSON<WFFIE, STEWART & WEIDNER Melissa Peel Greevy CERTIFICATE OF SERVICE AND NOW, this day of Avir I , 2009, the undersigned does hereby certify that she did this date serve a copy of the foregoing Petition for Leave to Withdraw upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Diane Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 Kevin P. Culley PO Box 179 Enola, PA 17025 JOHNS , D FIE, STEWART & WEIDNER i B 'i Melissa Peel Greevy 362137 F LE 2099 APR -3 AM i s 20 t v4 1 f f APR 0 9 2a G, Johnson, Duffle, Stewart & Weidner By: Melissa Peel Greevy I. D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff DENISE CULLEY, Plaintiff V. KEVIN P. CULLEY, Defendant RULE TO SHOW CAUSE NO. 08-4535 CIVIL ACTION - LAW AND NOW, this is- day of April, 2009, a Rule upon consideration of the foregoing Petition for Leave to Withdraw Appearance, a Rule is issued upon the Defendant, Kevin P. Culley, to show cause, if any he has why the relief prayed for therein should not be granted. Defendant, Kevin P. Culley, is directed to file an Answer to the within Petition for Leave to Withdraw Appearance and rule within ten (10) days after service of the Petition and this Rule. A hearing shall be conducted off 2009 -at , BY THE COURT, J. Distribution: Counsel for Plaintiff -bA! riane G. Radcliff, 3448 Trindle R /ad, Camp Hill, PA 17011 Defendant /vin P. Cuiley, PO Box 179, Enola, PA 17025 :362151 ,,j(\eli55a Peel Greevy'? ,( ?, \ n IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA C)N oj_ U"y . 4 LIJ ? ? Li. ? ?yI '??? 44+ p C U N Johnson, Duffie, Stewart & Weidner By: Melissa Peel Greevy, Esquire I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 DENISE CULLEY, ; V. KEVIN P. CULLEY, Plaintiff Defendant Attorneys for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-4535 CIVIL ACTION - LAW MOTION FOR RULE ABSOLUTE AND NOW, this 5th day of MAY , 2009, comes the law firm of Johnson, Duffie, Stewart & Weidner, and moves for Rule Absolute in support of which they aver the following: 1. Petitioner currently represents the Defendant, Kevin P. Culley. 2. Petitioner filed Petition for Leave to Withdraw Appearance with the Court on April 8th, 2009. 3. The Petition was served on Defendant and Plaintiff's Counsel on April 8th, 2009. 4. On April 21, 2009, Petitioner served upon Defendant, Kevin P. Culley a Rule to Show Cause to Answer Petitioner's Petition, within ten (10) days from the date of service. 5. To date, the Petitioner has received no pleading from Defendant with regard to the Petition for Leave to Withdraw Appearance, or the Rule to Show Cause. 6. More than ten (10) days have elapsed since the service of the Rule to Show Cause. 7. Defendant's counsel did not find an Answer on the Cumberland County Laser fiche Weblink as of May 5, 2009. 8. In the absence of a response from the Defendant, Petitioner is entitled to the relief prayed for in their Motion filed April 81h, 2009. WHEREFORE, Petitioner moves for Rule Absolute. Respectfully JOHNSOO, DUFFIO, STEWART & WEIDNER Wissa Peel Greevy, Esquire 301 Market Street P.O. Box 109 / Lemoyne, PA 17043 (717) 761-4540 CERTIFICATE OF SERVICE AND NOW, this 6th day of May, 2009, the undersigned does hereby certify that she did this date serve a copy of the foregoing Motion upon the Defendant by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Kevin P. Culley PO Box 179 Enola, PA 17025 JOHNSON, P-U\FIE, STEWART & WEIDNER Greevy, Esquire 365171 FLED-OHNGE OF T H E F'rROnl l4 llrj) kPY 2009 MAY -7 1'1112: 4 U Johnson, Duffie, Stewart & Weidner By: Melissa Peel Greevy, Esquire I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 DENISE CULLEY, V. KEVIN P. CULLEY, Plaintiff Defendant Attorneys for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-4535 CIVIL ACTION - LAW AMENDED MOTION FOR RULE ABSOLUTE AND NOW, this 12th day of MAY , 2009, comes the law firm of Johnson, Duffie, Stewart & Weidner, and moves for Rule Absolute in support of which they aver the following: 1. Petitioner currently represents the Defendant, Kevin P. Culley. 2. Petitioner filed Petition for Leave to Withdraw Appearance with the Court on April 8th, 2009. 3. The Petition was served on Defendant and Plaintiff's Counsel on April 8th, 2009. 4. On April 21, 2009, Petitioner served upon Defendant, Kevin P. Culley a Rule to Show Cause to Answer Petitioner's Petition, within ten (10) days from the date of service. 5. To date, the Petitioner has received no pleading from Defendant with regard to the Petition for Leave to Withdraw Appearance, or the Rule to Show Cause. 6. More than ten (10) days have elapsed since the service of the Rule to Show Cause. 7. Defendant's counsel did not find an Answer on the Cumberland County Laser fiche Weblink as of May 12, 2009. s' , 8. In the absence of a response from the Defendant, Petitioner is entitled to the relief prayed for in their Motion filed April 8th, 2009. 9. The Honorable Kevin A. Hess signed the Rule to Show Cause on April 15, 2009. 10. Plaintiff's counsel is aware of this Motion and has not made the undersigned aware of any objections to the granting of the motion. WHEREFORE, Petitioner moves for Rule Absolute. Respectfully submitted, JOHNSO U IE, STEWART & WEIDNER Melissa Peel Greevy, Esquire 301 Market Street P.O. Box 109 Lemoyne, PA 17043 (717) 761-4540 -4 CERTIFICATE OF SERVICE AND NOW, this 12th day of May, 2009, the undersigned does hereby certify that she did this date serve a copy of the foregoing Motion upon the Defendant by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Kevin P. Culley PO Box 179 Enola, PA 17025 Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 FFIE, STEWART & WEIDNER Peel Greevy, Esquire :365925 OF THE r ,TA??Y 2009 to I1 13 F t' if L' j - it r Johnson, Duffie, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 78243 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 DENISE CULLEY, Plaintiff v. KEVIN P. CULLEY, Defendant ORDER OF COURT NO. 08-4535 CIVIL ACTION - LAW AND NOW, this 'sday of )'h± , 2009, upon review of the Petition for Leave to Withdraw filed by Defendant's counsel, and in the absence of an Answer by Defendant, the Petition for Leave to Withdraw is GRANTED, for Defendant's Counsel. Dist elissa P. Greevy, Esquire, P. O. Box 109 Lemoyne. PA 17043 Dom' ne G. Radcliff, Esquire, 3448 Trindle Road, Camp Hill, PA 17011 ./Kevin P. Culley, P.O. Box 179, Enola, PA 17025 CTI,es M.V I LCL s/?s fo9 MAY 14 2009G Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA H :%~i xld S ! A5'4 booz 'ILI ii li3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNS~LV~NI~ rn~ DENISE CULLE~~ ~ -~ ~~~ , Plaintiff NO. 08-4535 ~~ ~ ~~ .~?~ t7r v. CIVIL ACTION - LA.W ~a a ~~ z~ . cs at ~, ~; x- KEVIN P. CLILLF:Y, ~ DIVORCE ~~ © fir'' Defendant _~ cxa . ~ STATEMENT OF INTENTION TO PROCEED TO THE COURT: Plaintiff, Denise Gulley, intends to roceed with the above captioned matter. _ -~ a,,,P~ ;at,P-rte Sign Name:.~ Print N.,.,~_ _ ..-.~ ~ Date: September 10, 2012 Attorney for Plaintiff, Denise Culle~~ Explanatory Comment I. Rules of Civil Procedure New Rule' of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases with :n the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases fior inactivity was previously.govenied by Rule of Judicial Administration1901 and. local rules promulgated pursuant to it. New Rule 2230.2 is taillored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice.. preempting local rules. This role was romulgated in response to the decision of the Supreme Courtin Shop ~~~. Eagle, 551 Pa. 360, 710 A2d 1104 (1998~in which the Court held that "prejudice to the defendant as a result o1 delay in prosecution is required before a case ma}~ be dismissed pursuant to ~ocal rules implementing Rule of .h.idicial~ Administration 190 l .'' Rule of Judicial Administration 1901(b) has been amended to accommodate the new mile of civil.procedure. The ,general policti~ of the prompt dispositiari of matters set foi7th in subdivision (a) of that rule continues to be applicable. IL [nactive Cases The pur ose of Rule :2302 is to eliminate inactive cases from the judicial system. T]Ie process is initiated by the Court. Ater givingg notice of intent to terminate an action for inactivity, the course of the procedure is with the parties. If the parties do not wish to pursue the case they will take no action and "the Prothonotary shall enter an order as of course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she will file a Notice of Intention to Proceed and the action shall continue. a. Where the action has been terminated If the action is terminated when a arty believes that it should not have been terminated, the party may proceed under rule 230(d~ for relief ~rom the order of termination. An example of such occurrence might be the termination of a viable action when the ag sieved party did not receive the notice of intent to terminate and thus did not timely filed a notice of inten~ion to proceed. The time of the filing of the petition to reinstate the action is important. If the petition is filed within thirty (30) days of the entry of the order of termination on the docket, subdivision (d) to provides that the Court must grant the Petition and reinstate the action. If the Petition us filed later thhan the thirty L30) day period, subdivision D3 requires that the Plaintiff must show make a showing to the Court that the YPetition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice ot~ intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the Petition within the 30 day period under subdivision ]D(2). b. Where the action has not been terminated. An action which is not been terminated, but which continues upon the filing ofthe notice of intention to proceed may have been the subject of inordinate delay.. In such instance, the aggrieved pparty mayy pursue a remedy oFcommon law of non pros which exists independently of termination under E~ii1e~230.Z. C7 ' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNT =-; PENNSYLVANIA ' r .' FAMILY LAW DIVISION -<> N DENISE CULLEY, NO. 08-4535 >c✓ ~, > Plaintiff CIVIL ACTION - LAW V. ; ' IN DIVORCE KEVIN P. CULLEY, Defendant Assigned Judge, J. Wesley Oler, Jr., S.J. MOTION TO CONTINUE AND RESCHEDULE THE HEARING SCHEDULED FOR APRIL 25, 2013 AT 9:30 A.M. Re: Petition for Contempt for Disobedience of an Order of Court, Filed by Kevin P. Culley; and Cross Petition for Special Relief, Filed by Denise Culley TO THE HONORABLE J. WESLEY OLER, JR., S.J., JUDGE OF THE SAID COURT: AND NOW, this 18th day of March, 2013, Diane G. Radcliff, Esquire, Attorney for Petitioner, Denise Culley, moves this Honorable Court to continue the hearing scheduled for April 25, 2013 at 9:30 a.m. regarding the above referenced Petition for Contempt and Cross Petition for Special Relief in that Petitioner's attorney, Diane G. Radcliff, Esquire,will be out of the county from April 20, 2013 through April 29, 2013 and is not available to attend a hearing during that time period. WHEREFORE, Diane G. Radcliff, Esquire, respectfully requests this Honorable Court to continue and reschedule the April 25, 2013 hearing. Dated: March 18, 2013 Respectfully submitted, DCLIFEN=0QUIRE e Road Camp Hill, PA 17011 Telephone: (717) 737-0100 Supreme Court ID #32112 Attorney for Petitioner, Denise Culley 2 CERTIFICATE OF SERVICE I, Diane G. Radcliff, Esquire, hereby certify that on this date 1 am serving a copy of the foregoing document, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure: Service by First Class Mail, Postage Prepaid and Addressed as Follows: Kevin P. Culley 6977 Wertzville Road Enola, PA 17025 (Defendant, Pro Se) Dated: March 18, 2013 AN DCL QUIRE Su re ourt ID #32112 3448 Trindle Road, Camp Hill, PA 17011 Telephone: (717) 737-0100 Attorney for Petitioner-Plaintiff 3 { M IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff: • c� � t DENISE C. CULLEY NO: 08-4535 Mw rnr= ::0 v v,r V. : CIVIL ACTION - LAW acs Cn z Defendant: c KEVIN P. CULLEY cp Defendants Motion For Summary Judement In RE: Petition for Contempt and Plaintiff's Answers to Petition for Contempt Order with New Matter and Cross Petition for Special Relief Submitted By Kevin P. Culley, Defendant , PRO SE PREVIOUSLY ASSIGNED JUDGE The Honorable Kevin A. Hess ATTORNEY FOR PLAINTIFF DEFENDANT, PRO SE Diane G. Radcliff Kevin P. Culley 3448 Trindle Rd 6977 Wertzville Rd Camp Hill, PA 17011 Enola, PA 17025 PH: 717-737-0100 717-514-5977 Email:dianeradcliff @comcast.net Email: culleyccs @msn.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff Denise C. Culley NO: 08-4535 V. : CIVIL ACTION- LAW Defendant: Kevin P. Culley MOTION FOR SUMMARY JUDGMENT IN RE: PETITION FOR DISOBEDIENCE OF A COURT ORDER . FILED BY KEVIN CULLEY AND CROSS PETITION FOR SPECIAL RELIEF, FILED BY DENISE C. CULLEY AND NOW, comes Kevin P. Culley, Defendant who respectfully avers as follows: 1. On January 25, 2013, Kevin P. Culley, Husband, filed a Petition for Contempt for Disobedience of an Order of Court with this Honorable Court against Denise C. Culley, Wife. 2. On February 1, 2013, The Honorable Judge Kevin Hess issued a Rule To Show Cause to Denise C. Culley, Wife. 3. On February 27, 2013, Diane G. Radcliff, Wife's Counsel, filed Plaintiff's Answer to Defendants Petition for Contempt Order with New Matters and Defenses and Cross Petition for Special Relief. 4. On March 12, 2013, Kevin P. Culley filed Defendants Response to Plaintiff's Answers to Petition for Contempt Order with New Matter and Cross Petition for Special Relief. In this Response, the Husband provided solid proof and exhibits to Counter Wife's/Counsels egregious false and groundless allegations and accusations contained in their February 27, 2013 filing. 5. Counsel was granted one continuance . The March 27, 2013 9:15 am Hearing in Courtroom#4 was cancelled. By Order of Court on March 14, 2013, The Honorable Judge Wesley Oler Jr., Vacated Judge Kevin Hess's February 1, 2013, Rule to Show Cause and Directed and Ordered a new hearing date of April 25, 2013, at 9:30 am in Courtroom#4. 6. Now comes Wife's Counsel on March 18,2013, with a request for a second continuance. 7. Defendant, Kevin P. Culley stated in his March 12, 2013 filing that he would be agreeable to a short continuance on the first request. I further stated that the Honorable Court schedule it as close as possible to the original Date so as to allow a speedy hearing. The length of time Counsel and wife have dragged out this Divorce,4 '/z yrs has allowed the Wife to dissipate a considerable amount of assets against a Court Order. I fear the latest cash withdrawals may dissipate if a quick hearing or Summary Judgment is not Ordered. 8. Therefore pursuant to Pa. Rules of Civil Procedure, Rule 1035.2,there is no genuine issue of any material fact as to a necessary element of the cause of action or defense which could be established by additional discovery or expert report. WHEREFORE, Husband, Kevin P. Culley respectfully requests this Honorable Court to Grant him all Relief Requested In the January 25, 2013 Petition and the March 12, 2013 Response to Plaintiff's Answers I Respectfully submit that all of the foregoing statements and responses are true and correct to the best of my knowledge and belief. I understand that any false statements are herein subject to 18 PA C S 18 §4904 relating to unsworn falsification to authorities. By Defendant: 4"., Date: ,3 v;P /3 Kevin P. Culley, O SE 6977 Wertzville Rd. Enola, PA. 17025 (717)514-5977 CC: Attorney for Defendant Diane G. Radcliff 3448 Trindle Rd Camp Hill, PA 17011 Certificate Of Service AND NOW,on this fi&day of M aAa In the Year �/3 , I, Kevin P. Culley, has served the foregoing Request For Summary Judgment,by regular U.S. first class mail addressed as follows: Attorney For Defendant Diane G. Radcliff, Esq. 3448 Trindle Rd Camp Hill, PA 17011 w By: )10 p co��' Kevin P. Culley Defendant, Pro Se 6977 Wertzville Rd Enola, PA. 17025 (717)514-5977 DENISE CULLEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION—LAW KEVIN P. CULLEY, : Defendant NO. 08-4535 CIVIL TERM IN RE: MOTION TO CONTINUE AND RESCHEDULE THE HEARING SCHEDULED FOR APRIL 25 2013 AT 9:30 A.M. ORDER OF COURT AND NOW, this 2nd day of April, 2013, upon consideration of Plaintiff's above- captioned motion, the hearing previously scheduled in the above matter for April 25, 2013, is rescheduled to Wednesday, May 8, 2013, at 9:30 a.m., in Courtroom No. 4, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, Vesley OV, Jr., '� J. /Diane G. Radcliff, Esq. '- 3448 Trindle Road _ - <._; r Camp Hill, PA 17011 _-- Attorney for Plaintiff w V Kevin P. Culley 6977 Wertzville Road Enola, PA 17025 Defendant, pro Se :rc 1 �a�'L DENISE CULLEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA iV V. : CIVIL ACTION DIVORCE -°CZ7 rn KEVIN P. CULLEY, -<> cam , Defendant : NO. 08-4535 CIVIL TERM <c� `- c-7 IN RE: DEFENDANT'S PETITION FOR CONTEMPT and> PLAINTIFF'S CROSS PETITION FOR SPECIAL RELIEF -< BEFORE OLER, S.J. ORDER OF COURT AND NOW, this l D tL day of May, 2013, upon consideration of Defendant's Petition for Contempt for Disobedience of an Order of Court, and of Plaintiff's Cross Petition for Special Relief, and following a hearing held on May 8, 2013, it is ordered and directed as follows: 1. Plaintiff' is adjudicated in contempt as a consequence of her withdrawal of funds in 2011 from a 401 K account arising out of her employment with Kohl's Department Store and her withdrawal of funds in 2012 from the parties'joint savings account at Members First (Account No. 138233). The sanction for the contempt is that, within 90 days of the date of this order, she place the sum of (a) the cash proceeds (excluding credit on an earlier $5000.00 loan and deductions for taxes and penalties) which she received on the 401 K withdrawal and(b) the total amount of the said withdrawals from the joint savings account in a savings account in a bank or savings and loan association, insured by a federal governmental agency, in the parties' joint names, with a restriction on the account that withdrawals and encumbrances may not be made without the signatures of both parties. 2. Defendant is adjudicated in contempt as a consequence of his failure to cooperate in the sale of the parties' property at 2200 Derry Street, Harrisburg, Pennsylvania, and his withdrawal of funds from the parties' joint savings account at Members First (Account No. 138233) on or after August 6, 2008. The sanction for the contempt is that he forthwith cooperate in the sale of the said property in accordance with the terms of the order of court dated August 6, 2008, and that within 90 days of the date of this order, he place an amount equal to the total of the said withdrawals from the joint savings account in a savings account in a bank or savings and loan association, insured by a federal governmental agency, in the parties' joint names, with a restriction on the account that withdrawals and encumbrances may not be made without the signatures of both parties. 3. Proof of deposit shall be filed by each party. 4. Nothing herein is intended to represent an opinion as to the proper ultimate equitable distribution of the parties' marital property. 5. Both parties are directed to fully comply with the terms of the order of court dated August 6, 2008. 6. No other relief is afforded to either party. BY THE COURT, c.� Wesley er, Jr., S.J. c/ Diane G. RadcK Esq. C-) 3448 Trindle Road Camp Hill, PA 17011 ,,, . �- Attorney for Plaintiff mac) o ./ Kevin P. Culley ° 3>c-) =9 c=; 6977 Wertzville Road ° c„a CD i Enola, PA 17025 Defendant, pro Se (2 E*S ty&-L I �..:(r) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff: DENISE C. CULLEY NO: 08-4535 V. : CIVIL ACTION- LAW Defendant: KEVIN P. CULLEY Motion To Reconsider and Vacate Part of the Order of Court Dated May 10, 2013, Paragraph 2, Ruled Against Defendant Submitted By Kevin P. Culley, Defendant , PRO SE PREVIOUSLY ASSIGNED JUDGE The Honorable Senior Judge Wesley Oler Jr. ATTORNEY FOR PLAINTIFF Diane G. Radcliff DEFENDANT, PRO SE 3448 Trindle Rd Kevin P. Culley Camp Hill, PA 17011 6977 Wertzville Rd PH: 717-737-0100 Enola, PA 17025 Email:dianeradcliff @comcast.net 717-514-5977 Email: culleyccsna msn com May 22, 2013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff MW =K DENISE C. CULLEY NO: 08-4535 cur V. CIVIL ACTION-LAW Defendant: KEVIN P. CULLEY MOTION TO RECONSIDER AND VACATE PART OF THE ORDER OF COURT DATED MAY 10, 2013, CONTAINED IN PARAGRAPH 2, RULED AGAINST DEFENDANT, KEVIN P. CULLEY AND NOW, comes Kevin P. Culley, Defendant who respectfully avers as follows: I. On May 8, 2013, at 9:30 am, a hearing was held regarding Defendants Petition for Contempt of a Court Order against the Plaintiff. The hearing was also scheduled to hear Plaintiffs Answer to Defendants Petition for Contempt of Court Order with New Matter and Defenses and Cross Petition for Special Relief. 2. On May 14, 2013 Defendant received the Ruling from the Honorable Judge Wesley Oler Jr. The Envelope was postmarked by the Courthouse postal meter on May 13, 2013. 3. During this hearing testimony and exhibits were taken from both parties. 4. During Defendants questioning of Plaintiff, Plaintiff stated that she believes that paying the mortgage is/was a joint and mutual responsibility. 5. While Defendant testified that he did make monthly withdrawals from the joint account, 138233, he provide a complete accounting by way of ledger and every bank statement since August 2008, by way of exhibit#7 6. Defendant showed concrete proof that every dollar removed from this account was for the joint and mutual obligations of Defendant and Plaintiff, to wit; mortgage payments, daughters tuition, houses taxes and insurance. These obligations were joint and mutual. 7. None of the Defendants withdrawals were for personal or selfish uses as the Plaintiffs withdrawals were. 8. It was testified and shown during the hearing by both parties that there were no other joint and mutual funds available to make aforementioned joint and mutual obligations. 9. Failure to pay the mortgage, taxes and insurance would have encumbered the marital home,possibly causing default on the mortgage, liability from no insurance and problems with the various taxing agencies. 10. Ruling that the Defendant must solely replace these funds is an unfair burden that does not represent a joint and mutual responsibility of these obligations by the Plaintiff and Defendant. This ruling represents that the Defendant should have solely paid the joint mortgage with his personal and private funds 11. Defendant is disabled and has a limited income and numerous medical bills. Any assets acquired by either party after the date of separation is exempt from"marital property"per 23 PA CS § 3501(a)(4). 12. The ruling that the Defendant replace the funds from account 138233 used to pay the mortgage and other mutual obligations is equivalent to ordering an inequitable distribution of marital assets, as the Defendant would have to pay the entire cost of the mutual obligations during that period. WHEREAS,the Defendant, Kevin P. Culley, respectfully request this Honorable Court To grant a Reconsideration Hearing to Vacate Part of Paragraph 2, Ruled Against The Defendant on May 10, 2013. Defendant requests that these funds withdrawn were withdrawn by Defendant by necessity and for joint and mutual obligations. I verify that the statements made in the Motion For Reconsideration are true and correct to the best of my knowledge. I understand that false statements herein are made subject to the penalties of 18 PA § 4904 relating to unsworn falsification to authorities. Respectfully Submitted, By Plaintiff. Date:S3P113 Kevin P. C&ey 6977 Wertzville Rd. Enola,PA. 17025 (717)514-5977 CC: Attorney for Defendant Diane G. Radcliff 3448 Trindle Rd Camp Hill, PA 17011 J. WESLEY OLER, JR. U.S.POSTAGE>>PITNEY BOWES SENIOR JUDGE 1 COURTHOUSE SQUARE RM 301 _q. ZIP 17013 $ 000.460 CARLISLE PA 17013 02 IVY 0001368848MAY 13 2013 Kevin P. Culley 6977 Wertzville Road Enola, PA 17025 liq)l ij i'j i j Ill"Illyp lip hild 111111 Certificate Of Service AND NOW, on this 22th day of May 2013, I, Kevin P. Culley, hereby certify that I have served the foregoing Motion for Reconsideration , by regular U.S. mail and Certified U.S. mail addressed as follows: Attorney For Defendant Diane G. Radcliff, Esq. 3448 Trindle Rd Camp Hill, PA 17011 By: Kevin P. Cul;ey L/ Plaintiff 6977 Wertzville Rd Enola, PA. 17025 (717)514-5977 DENISE C. CULLEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008-04535 CIVIL TERM KEVIN P. CULLEY, Defendant IN RE: DEFENDANT'S MOTION FOR RECONSIDERATION ORDER OF COURT AND NOW, this 30`h day of May, 2013, upon consideration of the pro se "Motion to Reconsider and Vacate Part of the Order of Court Dated May 10, 2013, Contained in . Paragraph 2, Ruled Against Defendant, Kevin P. Culley,"the motion is denied. BY THE COURT, J. esley O , Jr. S.J. ZDiane G. Radcliff Es q.Q 3448 Trindle Road Camp Hill, PA 17011 Attorney for Plaintiff � Kevin P. Culley, 6977 Wertzville Road Enola, PA 17025 Defendant, Pro Se ' CD 0 AOM & ULAKIS `3 °- Michelle L.Sommer,Esquire CL Attorney l.D.#: 93034 rrt�, i �1;JEi 2 West High Street PENNSYLVt,N IA Carlisle,PA 17013 1 t (717)249-0900 DEA)ISC jJLLEY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PA v. NO. 08-4535 K V'Al CULLEY, : CIVIL ACTION - LAW Defendant : IN DIVORCE ENTRY OF APPEARANCE Please enter my appearance on behalf of the Defendant, Kevin P. Culley, in the above- captioned matter. Respectfully submitted, ABOM &KUTULAKIS, L.L.P. I 1 Date �2�1 ,it 1i',rijkaltki Michelle L. Som er, Esquire 2 West High Street Carlisle, PA 17013 (717) 249-0900 Attorney ID No. 93034 CERTIFICATE OF SERVICE AND NOW, this 10th day of December, 2013, I, Michelle L. Sommer, Esquire, of Abom & Kutulakis, L.L.P., hereby certify that I did serve a true and correct copy of the foregoing Entry of Appearance, upon Counsel for Plaintiff by depositing, or causing to be deposited, same in the United States Mail, postage prepaid addressed to the following: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 Attorney for the Plaintiff Respectfully submitted, Abom & Kutulakis,L.L.P. univ Michelle L. Som r, Esquire Attorney ID No.: 93034 2 West High Street Carlisle, PA 17013 (717) 249-0900 R., SA M 14 PH 2: 1 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DENISE CULLEY, ; Plaintiff NO. 08-4535 CIVIL TERM V. CIVIL ACTION - LAW KEVIN P. CULLEY, DIVORCE Defendant PRAECIPE TO WITHDRAW APPEARANCE OF LEGAL COUNSEL TO THE PROTHONOTARY: Please withdraw the appearance of Diane G. Radcliff, Esquire, as Attorney for Plaintiff, Denise Culley. Dated: D NE G. RADCLIF , ESQUIRE PRAECIPE TO ENTER APPEARANCE OF DEFENDANT PRO SE TO THE PROTHONOTARY: Please enter the appearance of the Plaintiff, Denise Culley, Pro Se. Legal papers may be served at the address set forth below. Dated: I �k Denise Culley 6977 Wentzville Road Enola, PA 17043 Telephone: 717-514-3763 DENISE CULLEY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. NO. 08-4535 •- �!� ; r-rF--- r° KEVIN CULLEY, CIVIL ACTION -LAW � r'i Defendant IN DIVORCEC D{ C:) r-, TO THE PROTHONOTARY OF SAID COURT: PRAECIPE TO WITHDRAW APPEARANCE Pursuant to Pa.R.C.P. 1930.8,please withdraw my appearance on behalf of the Defendant, Kevin Culley,in the above-captioned matter. Respectfully submitted, ABom&KUTULAus,L.L.P. D kTE Michelle L. Sommer, squire 2 West High Street - Carlisle,PA 17013 (717) 2491-0900 Attorney ID # 93034 PRAECIPE OF ENTRY OF APPEARANCE Please enter my appearance on behalf of the Defendant, Kevin Culley,in the above- captioned matter. Respectfully submitted, ly DATE � I r�� I evin Culley 6977 Wertzville Road Enola,PA 17025 (717) 514-5977 Pro Se Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : DENISE C. CULLEY : NO: 08-4535 �' w —i• -o rrk 1- V. : CIVIL ACTION - LAWcfi 7, ` r' � s' Defendant: c") KEVIN P. CULLEY _.c MOTION TO APPOINT A DIVORCE MASTER AND NOW, comes Kevin P. Culley, Defendant who respectfully avers as follows: 1. On July 31, 2008, The Defendant was served with Divorce Complaint papers. The filing was dated July 29, 2008 2. Accompanying the Divorce Complaint was a Rule and Temporary Injunction freezing the parties assets, this was dated July 29, 2008 as well and setting a Court date of August 5, 2008 at 11:00 AM. 3. The Defendant had two business days to acquire an Attorney to properly defend my rights. Attempts to acquire a proper Divorce Attorney on such short notice failed. The Defendant acquired the temporary services of an acquaintance, Attorney John Fenstermacher . Attorney Fenstermacher having no time to prepare, worked out a Stipulation agreement with the Plaintiffs Attorney, Diane Radcliff, to avoid being unprepared for the Court hearing. This Stipulation was intended to be a temporary and short term instrument. The Stipulation was executed on August 4&5, 2008 by the parties. The Stipulation is still in force today and has caused great difficulties. 0{ 1 4. The Defendant had subsequently hired and paid for two Attorney's after Mr. Fenstermachers temporary help. Neither Attorney would comply with my wishes to get the asset distribution completed in front of a Divorce Master, yet would bill for innate items and use up my retainer. The Divorce is uncontested. 5. It is the Defendants wish to finalize this divorce proceeding after the 6 years since the Plaintiff filed, as the Plaintiff has made no motions to finalize the Divorce. 6. A deposit of $250.00 was made for the Master fee in 2008. WHEREAS, the Defendant, Kevin P. Culley, respectfully request this Honorable Court To grant the appointment of a Divorce Master to facilitate the distribution of assets and finalization of this Divorce I verify that the statements made in the Motion For Appointment of a Divorce Master are true and correct to the best of my knowledge. I understand that false statements herein are made subject to the penalties of 18 PA § 4904 relating to unsworn falsification to authorities. Respectfully Submitted, By Plaintiff: CC: Attorney for Defendant Diane G. Radcliff 3448 Trindle Rd Camp Hill, PA 17011 Plaintiff Denise C. Culley 6977 Wertzville Rd. Enola, PA 17025 Kevin P. Cull.. "RO SE 6977 Wertzville Rd. Enola, PA. 17025 (717)514-5977 Date: F/24 Certificate Of Service AND NOW, on this 29th day of August 2014, I, Kevin P. Culley, hereby certify that I have served the foregoing Motion for Appointment of a Divorce Master, by U.S. first class mail addressed as follows: By: Attorney For Defendant Diane G. Radcliff, Esq. 3448 Trindle Rd Camp Hill, PA 17011 Plaintiff Denise C. Culley 6977 Wertzville Rd Enola, PA 17025 Defendant, ' 0 SE Kevin P. Culley 6977 Wertzville Rd Enola, PA. 17025 (717)514-5977 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : DENISE C. CULLEY : NO: 08-4535 V. Defendant: KEVIN P. CULLEY : CIVIL ACTION - LAW In RE: Motion To Appoint a Divorce Master AND NOW, this Day of ORDER OF COURT 20/1/ , upon consideration of Defendants Motion to have a Divorce Master Appointed, the Motion is granted . CC: Attorney for Plaintiff Diane G. Radcliff 3448 Trindle Rd Camp Hill, PA 17011 BY THE COURT, endant, Pro Se Plaintiff Kevin P. Culley •/ Denise C. Culley 6977 Wertzville Rd. 6977 Wertzville Rd Enola, PA 17025 P• Enola, PA 17025 I'€ //ct