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HomeMy WebLinkAbout08-6171MERICK NEUMANN, Plaintiff VS. REBECCA NEUMANN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08 - lpl?l CIVIL TERM IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you 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, Cumberland County Courthouse, Carlisle, Pennsylvania, 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, 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 PROVIDE YOU WITH INFORAMTION 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 Phone: (717) 249-3166 (800) 990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County, Pennsylvania, is required by law to comply with the Americans with Disabilities 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. MERICK NEUMANN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW REBECCA NEUMANN, NO. 08 - 4171 CIVIL TERM Defendant IN DIVORCE COMPLAINT COUNT I - DIVORCE PURSUANT TO SECTION 3301(c) OF THE DIVORCE CODE 1. Plaintiff is Merick Neumann, an adult individual, who resides at 16 Morning Glory Lane, Manheim, Pennsylvania, 17545. 2. Defendant is Rebecca Neumann, an adult individual, who resides at 1215 Georgetown Circle, Carlisle, Pennsylvania, 17013. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on September 28, 1996 in Carlisle, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 8. Plaintiff requests the Court to enter a Decree in Divorce. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a Decree in Divorce and such other Orders as may be just and appropriate. COUNT 2 -ALIMONY & ALIMONY PENDENTE LITE 9. Previous paragraphs are herein incorporated. 10. The parties separated on or around August 29, 2008 when Defendant left the marital residence. 11. Plaintiff lacks sufficient property and income to provide for his reasonable needs in accordance with the standard of living the parties established during the marriage. 12. Plaintiff has insufficient assets and income to pay for his counsel fees and costs regarding litigation in relation to the within matter. 13. Defendant enjoys a respectable income along with benefits from which she is able to contribute to the support and maintenance of Plaintiff as well as alimony in accordance with the Divorce Code. WHEREFORE, Plaintiff requests an Order to be entered awarding Plaintiff alimony pendente lite and permanent alimony in such sums as are reasonable and adequate to support and maintain Plaintiff with regard to litigation expenses and so that he may remain in the station of life to which he has become accustomed during the marriage. 1'(? Date: Respectfully submitted, BAYLEY & MANGAN L""A-- Mark F. Bayley, Esquire 17 West South St. Carlisle, PA 17013 (717) 241-2446 Supreme Court I.D. # 87663 Attorney for Plaintiff MERICK NEUMANN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW REBECCA NEUMANN, NO. 08 - CIVIL TERM Defendant IN DIVORCE VERIFICATION I, Merick Neumann, verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities. Date: 10-16 • zv Y?' Merick Neumann, Plaintiff "J ,Ilk r 4 V 4 R C ?i -a J ti MERICK NEUMANN, Plaintiff VS. REBECCA NEUMANN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08 - 6171 CIVIL TERM IN DIVORCE PETITION FOR ALIMONY PENDENTE LITE 1. Petitioner, Merick Neumann, is a competent adult individual, who resides at 16 Morning Glory Lane, Manheim, Lancaster County, Pennsylvania, 17545. 1548. 2. Petitioner's date of birth is 6/15/1970 and his social security number is: 194-46- 3. Respondent, Rebecca Neumann, is a competent adult individual, whose address is 1215 Georgetown Circle, Carlisle, Cumberland County, Pennsylvania, 17013. 4. Respondent's date of birth is 10/17/1973 and her social security number is: unknown. 5. A divorce complaint which contained claims for Divorce, Alimony and Alimony Pendente Lite was filed under the above-captioned docket number on October 16, 2008. A True and correct copy of the Divorce Complaint is attached to this petition. WHEREFORE, Petitioner requests that the Court Order Alimony Pendente Lite. Respectfully submitted, BAYLEY & MANGAN Date: IU-z°.-vim ? LN-AL( Mark F. Bayley, E quire 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court ID # 87663 MERICK NEUMANN, Plaintiff vs. REBECCA NEUMANN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08 - 6171 CIVIL TERM IN DIVORCE VERIFICATION Mark F. Bayley, Esquire, states that he is the attorney for Plaintiff in this action; that he makes this affidavit as attorney because he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. Pa. C.S. §4904, relating to unworn falsification to authorities. Date: I u Z() , 0("?'- 1 Mark F. Bayley, Esquire MERICK NEUMANN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW REBECCA NEUMANN, NO. 08 - 6171 CIVIL TERM Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, attorney for Plaintiff do hereby certify that I this day served a copy of the foregoing document upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Sheri D. Coover, Esquire 44 S. Hanover Street Carlisle, PA 17013 Dated: v - V Mark B. Bayley, Esquire S AZ) ?. ?' 177 MERICK NEUMANN, Plaintiff/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vi. CASE NO. 08-6171 REBECCA NEUMANN, : IN DIVORCE CIVIL TERM Defendant/Petitioner : PETITION FOR SPECIAL RELIEF 1. Petitioner/Defendant Rebecca Neumann is a competent adult individual who resides at 720 Old Mill Road, #C-1, Wyomissing, Pennsylvania 19610. 2. Respondent/Plaintiff Merick Neumann is a competent adult individual who resides at 16 Morning Glory Lane, Manheim, Lancaster County, Pennsylvania 17545. 3. Plaintiff and Defendant were married on September 28, 1996 in Carlisle, Cumberland County, Pennsylvania. 4. Respondent filed a divorce complaint on or around October 16, 2008 under Section 3301(c) of the Divorce Code. 5. On or around September 26, 2008, the parties sold their marital residence at 1113 Shannon Lane, Carlisle, Pennsylvania. 6. The proceeds from the sale of the marital residence were in excess of $29,000.00. 7. Prior to the sale of the marital property, the parties had charged debts to their credit cards in anticipation of the sale of the marital property, to pay tax obligations and for the purpose of setting up two separate households. 8. At the time that the cash advances were made, the parties had made an agreement that the proceeds from the sale of the marital residence would be used to repay the marital debts. 9. The proceeds from the sale of the marital property was made payable to both parties in the form of a check. 10. After the sale of the property, Respondent rescinded his promise to use the proceeds to pay the marital debts. 11. Petitioner and Respondent have had a consultation with a bankruptcy attorney and Respondent has indicated that he is contemplating filing for bankruptcy although Petitioner is adamantly opposed to the idea. 12. Payments on the marital debts are due and owing including payments toward the cash advances made on the credit cards that the Respondent agreed would be repaid from the proceeds of the sale of the marital residence. The marital debts include, but are not limited to the following: a. Citibank Credit card -- last four numbers 2972 - total due of over $22,000.00 (cash advance to pay taxes on house, cash advance for Respondent to get his apartment, last payment on mortgage, payment of the hospital co-pays, advance of $1,400.00 toward credit card number 4685) b. Citibank Card - last four numbers 4685 - total due of over $21,000.00 (Respondent's gambling debt) C. Members Credit Card - last four numbers 3250 - total due of over $19,000.00. d. Payments due for electric services, gas services and cable from services provided to the marital residence during the parties periods of occupancy. e. Members Automobile loan - around $5,200.00 due 13. In anticipation of filing for bankruptcy, the Respondent is not willing to make payments toward the marital debts or allocate any of the proceeds of the sale of the marital property toward the marital debts. 14. Petitioner is making all of the payments toward the marital debts on her own as she is not getting any assistance from the Respondent. 15. The proceeds of the sale of the marital property have been placed into the Petitioner's counsel's escrow account. 16. In light of the fact that a majority of the debts were incurred as a result of representations made by the Respondent that the debts could be paid out of the proceeds of the sale of the house, it is inequitable that the Petitioner be solely responsible for the payment of the debts or incur damage to her credit. 17. The Petitioner is seeking this Court to issue an Order which authorizes the release of the proceeds that are currently being held in the Petitioner's counsel's escrow account and to authorize that these proceeds be used to pay the marital debt as incurred. WHEREFORE, Petitioner seeks an Order authorizing the release of the proceeds of the sale of the marital residence and directs that these proceeds be paid toward the marital debt as previously agreed by the parties. Coover, Esquire ID 93285 44 S. Hanover Street Carlisle, PA 17013 MERICK NEUMANN, : IN THE COURT OF COMMON PLEAS Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA V CASE NO. 08-6171 REBECCA NEUMANN, : IN DIVORCE CIVIL TERM Defendant/Petitioner : VERIFICATION I, Rebecca Neumann, hereby certify that I have reviewed the foregoing PETITION FOR SPECIAL RELIEF and aver that all of the facts contained in the Petition are true and correct to the best of my information, knowledge and belief. I understand that I could be subjected to penalties both civilly and criminally under Pennsylvania and federal law for any false statements contained herein. w? ebecca Neumann MERICK NEUMANN, IN THE COURT OF COMMON PLEAS Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA V CASE NO. 08-6171 REBECCA NEUMANN, IN DIVORCE CIVIL TERM Defendant/Petitioner : CERTIFICATE OF SERVICE I, Sheri D. Coover, Esquire hereby certify that on this +'h day of November, 2008, I caused the foregoing PETITION FOR SPECIAL RELIEF to be served upon opposing counsel addressed as follows: Mark Bayley, Esquire 17 W. South Street Carlisle, PA 17013 S1)trFD. Coover, Esquire ttorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 MERICK NEUMANN, Plaintiff/Respondent vi. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CASE NO. 08-6171 REBECCA NEUMANN, IN DIVORCE CIVIL TERM Defendant/Petitioner : AMENDED PETITION FOR SPECIAL RELIEF 1. Petitioner/Defendant Rebecca Neumann is a competent adult individual who resides at 720 Old Mill Road, #C-1, Wyomissing, Pennsylvania 19610. 2. Respondent/Plaintiff Merick Neumann is a competent adult individual who resides at 16 Morning Glory Lane, Manheim, Lancaster County, Pennsylvania 17545. 3. Plaintiff and Defendant were married on September 28, 1996 in Carlisle, Cumberland County, Pennsylvania. 4. Respondent filed a divorce complaint on or around October 16, 2008 under Section 3301(c) of the Divorce Code. 5. On or around September 26, 2008, the parties sold their marital residence at It 13 Shannon Lane, Carlisle, Pennsylvania. 6. The proceeds from the sale of the marital residence were in excess of $29,000.00. 7. Prior to the sale of the marital property, the parties had charged debts to their credit cards in anticipation of the sale of the marital property and for the purpose of setting up two separate households. 8. At the time that the cash advances were made, the parties had made an agreement that the proceeds from the sale of the marital residence would be used to repay the marital debts. 9. The proceeds from the sale of the marital property was made payable to both parties in the form of a check. 10. After the sale of the property, Respondent rescinded his promise to use the proceeds to pay the marital debts. 11. Petitioner and Respondent have had a consultation with a bankruptcy attorney and Respondent has indicated that he is contemplating filing for bankruptcy although Petitioner is adamantly opposed to the idea. 12. Payments on the marital debts are due and owing including payments toward the case advances made on the credit cards that the Respondent agreed would be repaid from the proceeds of the sale of the marital residence. The marital debts include, but are not limited to the following: a. Citibank Credit card -- last four numbers 2972 - total due of over $22,000.00 (cash advance to pay taxes on house, cash advance for Respondent to get his apartment, last payment on mortgage, payment of the hospital co-pays, advance of $1,400.00 toward credit card number 4685) b. Citibank Card - last four numbers 4685 - total due of over $21,000.00 (Respondent's gambling debt) C. Members Credit Card - last four numbers 3250 - total due of over $21,853.00. d. Payments due for electric services, gas services and cable from services provided to the marital residence during the parties periods of occupancy. 13. In anticipation of filing for bankruptcy, the Respondent is not willing to make payments toward the marital debts. 14. Petitioner is making all of the payments toward the marital debts on her own as she is not getting any assistance from the Respondent. 15. The proceeds of the sale of the marital property have been placed into the Petitioner's counsel's escrow account. 16. In light of the fact that a majority of the debts were incurred as a result of representations made by the Respondent that the debts could be paid out of the proceeds of the sale of the house, it is inequitable that the Petitioner be solely responsible for the payment of the debts or incur damage to her credit. IT The Petitioner is seeking this Court to issue an Order which authorizes the release of the proceeds that are currently being held in the Petitioner's counsel's escrow account and to authorize that these proceeds be used to pay the marital debt as incurred. 18. There has been no previous Court Orders pertaining to this issue. 19. Petitioner's counsel left a telephone voice mail message for Respondent's counsel seeking his concurrence with the foregoing motion. Respondent's counsel did not respond. It is assumed that he does not concur in the foregoing motion. Further, previous statements made by Respondent's counsel prior to the filing of the instant Motion confirm that he does not concur in the relief sought by the Petitioner. WHEREFORE, Petitioner seeks an Order authorizing the release of the proceeds of the sale of the marital residence and directs that these proceeds be paid toward the marital debt as previously agreed by the parties. submitted, Nn D. Coover, Esquire ?Atthrney ID 93285 S. Hanover Street Carlisle, PA 17013 • MERICK NEUMANN, Plaintiff/Respondent V : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA REBECCA NEUMANN, CASE NO. 08-6171 IN DIVORCE CIVIL TERM Defendant/Petitioner : VERIFICATION C1 I, Rebecca Neumann, hereby certify that I have reviewed the foregoing PETITION FOR SPECIAL RELIEF and aver that all of the facts contained in the Petition are true and correct to the best of my information, knowledge and belief. I understand that I could be subjected to penalties both civilly and criminally under Pennsylvania and federal law for any false statements contained herein. n ?' '" AebL?Z. uman ? MERICK NEUMANN, Plaintiff/Respondent V : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA REBECCA NEUMANN, =CASE N0.08-6171 IN DIVORCE CIVIL TERM Defendant/Petitioner : CERTIFICATE OF SERVICE I, Sheri D. Coover, Esquire hereby certify that on this ) 3°nday of November, 2008, I caused the foregoing PETITION FOR SPECIAL RELIEF to be served upon opposing counsel addressed as follows: Mark Bayley, Esquire 17 W. South Street Carlisle, PA 17013 submitted, !hd D. Cooover, Esquire A rney ID 93285 44 S. Hanover Street Carlisle, PA 17013 _ cx, -? ? ?.?' ? ? ? --,n -r-a _ W ??i "? _F? ? ,,? 3 ?? r Cam} ? ?1.'i t.Y! {.l 7 .?+ '? f ?. In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION MERICK L. NEUMANN ) Docket Number 08-6171 CIVIL Plaintiff ) vs. ) PACSES Case Number 878110441 REBECCA NEUMANN ) Defendant ) Other State ID Number ORDER OF COURT You, MERICK L. NEUMANN plaintiff/defendant of 16 MORNING GLORY LN, MANHEIM, PA. 17545-1305-16 are ordered to appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 before a hearing officer of the Domestic Relations Section, on the DECEMBER 11, 2008 at 1:30PM for a hearing. You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income Statement and the appropriate Expense Statement, if required, attached to this order, completed as required by Rule 1910.11 (c). 4. verification of child care expenses, and 5. proof of medical coverage which you may have, or may have available to you 6. information relating to professional licenses 7. other: Service Type M Form CM-509 Rev. 1 Worker ID 21302 1 -•. NEUMANN v• NEUMANN PACSES Case Number: 878110441 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest and/or enter an interim support order. If paternity is an issue, the court shall enter an order establishing paternity. THE APPROPRIATE COURT OFFICER MAY ENTER AN ORDER AGAINST EITHER PARTY BASED UPON THE EVIDENCE PRESENTED WITHOUT REGARD TO WHICH PARTY INITIATED THE SUPPORT ACTION. BY THE COURT: Date of Order: I ? -( p -y ? :5?- A A4 JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE-HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, 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 PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 240-6225 . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Page 2 of 2 Form CM-509 Rev. Service Type M Worker ID 21302 .??? u?.._ ?, -C In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION MERICK L. NEUMANN vs. REBECCA NEUMANN ORDER OF COURT You, Docket Number 08-6171 CIVIL Plaintiff ) PACSES Case Number 878110441 ) Defendant ) Other State ID Number REBECCA NEUMANN plaintiff/defendant of PO BOX 1333, 1215 GEORGETOWN CIR, CARLISLE, PA. 17013-3549-15 are ordered to appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 before a hearing officer of the Domestic Relations Section, on the DECEMBER 11, 2008 at 1:30PM for a hearing. You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income Statement and the appropriate Expense Statement, if required, attached to this order, completed as required by Rule 1910.11 (c). 4. verification of child care expenses, and 5. proof of medical coverage which you may have, or may have available to you 6. information relating to professional licenses 7. other: Service Type M Form CM-509 Rev. 1 Worker ID 21302 _N NEUMANN v• NEUMANN PACSES Case Number: 878110441 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest and/or enter an interim support order. If paternity is an issue, the court shall enter an order establishing paternity. THE APPROPRIATE COURT OFFICER MAY ENTER AN ORDER AGAINST EITHER PARTY BASED UPON THE EVIDENCE PRESENTED WITHOUT REGARD TO WHICH PARTY INITIATED THE SUPPORT ACTION. BY THE COURT: Date of Order: - 10 U? JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE-HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, 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 PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 2 4 0 - 6 2 2 5 . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Service Type M Page 2 of 2 Form CM-509 Rev. 1 Worker ID 21302 3 .??` Cif 1`- w ? %^? ? ?. (? .? .r ? MERICK NEUMANN, : IN THE COURT OF COMMON PLEAS Plaintiff/Respondent : CUMBERLAND COUNTY, : PENNSYLVANIA V. CASE NO. 08-6171 REBECCA NEUMANN, IN DIVORCE Defendant/Petitioner : MOTION TO CONTINUE HEARING 1. On or around November 17, 2008, this Court issued an Order which scheduled a hearing on the Petition for Special Relief on November 24, 2008 at 10:00 a.m. 2. Undersigned counsel is presently attached in the York County Court of Common Pleas before the Honorable Penny Blackwell on a criminal matter on that date. 3. Undersigned counsel contacted the office of Mark Bayley, Esquire and spoke to his staff who acknowledged that Attorney Bayley would concur in the motion to reschedule a hearing as he has a conflict as well. WHEREFORE, this Court is hereby requested to reschedule the hearing on the Petition for Special Relief submitted, §Yeri D. Coover, Esquire Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 MERICK NEUMANN, : IN THE COURT OF COMMON PLEAS Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA V. CASE NO. 08-6171 REBECCA NEUMANN, : IN DIVORCE Defendant/Petitioner CERTIFICATE OF CONCURRENCE I, Sheri D. Coover, Esquire hereby certify that on this 18'b day of November, 2008, I contacted the office of Attorney Mark Bayley and obtained concurrence in this motion from his office staff who indicated that Attorney Bayley also had a conflict on that date. submitted, h D. Coover, Esquire A$forney 93285 44 S. Hanover Street Carlisle, PA 17013 MERICK NEUMANN, Plaintiff/Respondent vi. REBECCA NEUMANN, Defendant/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CASE NO. 08-6171 IN DIVORCE CERTIFICATE OF SERVICE I, Sheri D. Coover, Esquire hereby certify that on this 180' day of November, 2008, I caused the foregoing MOTION FOR CONTINUANCE to be served upon Respondent's counsel via United States first class mail addressed as follows: Mark Bayley, Esquire 17 W. South Street Carlisle, PA 17013 submitted, D. Coover, Esquire Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 G ? Co a ~s ) { J ti 5 a wF MERICK NEUMANN, Plaintiff/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V : CASE NO. 08-6171 REBECCA NEUMANN, : IN DIVORCE CIVIL TERM Defendant/Petitioner : ORDER OF COURT AND NOW, this day of 2008, upon consideration of the within Petition for Special Relief, a hearing is set for the #14/ *day of P 2008 at 10 : 0 V R .M. in Courtroom NO- 0 of the Cumberland County Courthouse, Carlisle, Pennsylvania to determine whether the proceeds of the sale of the marital residence should be released and ordered toward the payment of the marital debt. cc. Sheri D. Coover, Esquire (Counsel for Defendant/Petitioner) 44 S. Hanover Street, Carlisle, Pennsylvania /Mark Bayley, Esquire (Counsel for Plaintiff/ Respondent) 17 W. South Street, Carlisle, Pennsylvania Cp?? ES rTQt 6-L ` ?t t 2 D ? l 6C •£ Wd L 1 AON BOQZ KdViONOHiObd 3HI JO gofd.40-0311 I MERICK NEUMANN, Plaintiff/Respondent V. REBECCA NEUMANN, Defendant/Petitioner : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA : CASE NO. 08-6171 : IN DIVORCE MMNDED MOTION TO CONTINUE HEARING 1. On or around November 17, 2008, this Court issued an Order which scheduled a hearing on the Petition for Special Relief on November 24, 2008 at 10:00 a.m. (See copy of Order dated November 17, 2008). 2. Undersigned counsel is presently attached in the York County Court of Common Pleas before the Honorable Penny Blackwell on a criminal matter on that date. 3. Undersigned counsel contacted the office of Mark Bayley, Esquire and spoke to his staff who acknowledged that Attorney Bayley would concur in the motion to reschedule a hearing as he has a conflict as well. WHEREFORE, this Court is hereby requested to reschedule the hearing on the Petition for Special Relief. submitted, S ri 13. Coover, Esquire ttorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 MERICK NEUMANN, : IN THE COURT OF COMMON PLEAS Plaintiff/Respondent : CUMBERLAND COUNTY, : PENNSYLVANIA V. : CASE NO. 08-6171 REBECCA NEUMANN, : IN DIVORCE Defendant/Petitioner : CERTIFICATE OF CONCURRENCE I, Sheri D. Coover, Esquire hereby certify that on this 2e day of November, 2008, I contacted the office of Attorney Mark Bayley and obtained concurrence in this motion from his office staff who indicated that Attorney Bayley also had a conflict on that date. submitted, S D. Coover, Esquire ttorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 MERICK NEUMANN, Plaintiff/Respondent vi. REBECCA NEUMANN, Defendant/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CASE NO. 08-6171 : IN DIVORCE CERTIFICATE OF SERVICE I, Sheri D. Coover, Esquire hereby certify that on this 2e day of November, 2008, I caused the foregoing MOTION FOR CONTINUANCE to be served upon Respondent's counsel via United States first class mail addressed as follows: Mark Bayley, Esquire 17 W. South Street Carlisle, PA 17013 submitted, he D. Conover, Esquire ,fi rney ID 93285 44 S. Hanover Street Carlisle, PA 17013 ti a MERICK NEUMANN, : IN THE COURT OF COMMON PLEAS Plaintiff/Respondent : CUMBERLAND COUNTY, : PENNSYLVANIA V CASE NO. 08-6171 REBECCA NEUMANN, IN DIVORCE CIVIL TERM Defendant/Petitioner : ORDER OF COURT AND NOW, this day of p 2008, upon consideration of the within Petition for Special Relief, a hearing is set for the ol day of P) 2008 at _ 10:0 V h.M. in Courtroom No. of the Cumberland County Courthouse, Carlisle, Pennsylvania to determine whether the proceeds of the sale of the marital residence should be released and ordered toward the payment of the marital debt. J. CC. Sheri D. Coover, Esquire (Counsel for Defendant/Petitioner) 44 S. Hanover Street, Carlisle, Pennsylvania Mark Bayley, Esquire (Counsel for Plaintiff/Respondent) 17 W. South Street, Carlisle, Pennsylvania r.? Q "= - Fn c , ra r MERICK NEUMANN, Plaintiff/Respondent : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. CASE NO. 08-6171 REBECCA NEUMANN, IN DIVORCE CIVIL TERM Defendant/Petitioner : 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 Defendant. 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 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 Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 2 -3166 eri D. Co over, Esquire Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 MERICK NEUMANN, IN THE COURT OF COMMON PLEAS Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA V. CASE NO. 08-6171 REBECCA NEUMANN, IN DIVORCE CIVIL TERM Defendant/Petitioner : ANSWER TO PLAINTIFF'S COMPLAINT AND COUNTERCLAIM AND NOW comes Defendant Rebecca Neumann by and through her attorney, Sheri D. Coover, Esquire, in response to Plaintiff s Complaint avers as follows: 1. Admitted. 2. Denied. It is admitted that the Defendant is an adult individual. It is denied that she resides at 1215 Georgetown Circle, Carlisle, Pennsylvania 17013. Her address is 720 Old Mill Road, Wyomissing, Pennsylvania. 3. -6. Admitted. 7. Denied. Defendant is without information or knowledge to form a belief as to the truthfulness of this statement, so the averments contained in this statement are denied. 8. Admitted. WHEREFORE, Defendant respectfully requests this Honorable Court to enter a Decree in Divorce and grant such other relief as is just and appropriate. COUNT 2- ALIMONY & ALIMONY PENDENTE LITE 9. Responding defendant incorporates all of the averments contained in paragraphs 1 through 8 contained herein. 10. Admitted. 11. Denied. The Plaintiff has sufficient property and income from which he as a single individual can provide for his reasonable needs. 12. Denied. The Plaintiff has sufficient property and income from which he can pay counsel fees and costs regarding litigation in relation to the within matter. 13. Denied. Although Defendant does have a job that provides income and benefits, this income is allocated to providing for the needs of herself and her children and she is not able to contribute to the support and maintenance of the Plaintiff. COUNTERCLAIM Defendant/Counter-claim Plaintiff avers by way of counterclaim the following: COUNT 1 EQUITABLE DISTRIBUTION 14. Paragraphs 1 through 13 are incorporated by reference in there entirety herein. 15. Marital property and debts accumulated during the marriage. 16. Plaintiff/Counter-claim Defendant and Defendant/Counter-claim Plaintiff are each entitled to a portion of the marital assets and each responsible for the marital debts. WHEREFORE, Defendant/Counter-claim plaintiff requests the Court to equitably divide, distribute and/or assign the marital property and liabilities of the parties. Respectfully submitted, By: Sh D. Coover, Esquire Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 (717) 960-0075 (telephone) (717) 960-0074 (facsimile) MERICK NEUMANN, Plaintiff/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. REBECCA NEUMANN, CASE NO. 08-6171 IN DIVORCE CIVIL TERM Defendant/Petitioner VERIFICATION I, Sheri D. Coover, Esquire hereby execute this attorney verification and aver that the statements made in this Complaint have been obtained from my client and are true and correct to the best of my knowledge and belief. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities. Date: submitted, >SfIieri D. Coover, Esquire Attorney ID 93285 44 S. Hanover Street. Carlisle, PA 17013 (717) 960-0075 (telephone) (717) 960-0074 (facsimile) MERICK NEUMANN, Plaintiff/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. CASE NO. 08-6171 REBECCA NEUMANN, IN DIVORCE CIVIL TERM Defendant/Petitioner : CERTIFICATE OF SERVICE I, Sheri D. Coover, Esquire, attorney for Defendant/Counter-claim Plaintiff, do hereby certify that on this day I served a copy of the foregoing document upon the following by depositing a copy in the United States mail postage prepaid addressed as follows: Mark F. Bayley, Esquire 17 W. South Street Carlisle, PA 17013 submitted, By: SW D: Coover, Esquire ttorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 (717) 960-0075 (telephone) (717) 960-0074 (facsimile) xi ?ti ? R MERICK NEUMANN, Plaintiff/Respondent V. REBECCA NEUMANN, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-6171 CIVIL TERM IN DIVORCE IN RE: PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 24th day of November, 2008, by agreement of the parties, it is hereby ordered as follows: 1. Wife's attorney shall disburse $15,000.00 against the marital debt as directed by wife. 2. Wife's attorney shall disburse $1,000.00 to each party. 3. The parties shall make a good faith effort to reach an agreement with regard to the disposition of the remaining amount in escrow. If the parties are unable to reach an agreement, we will schedule another hearing at the request of either party. Edward E. Guido, J. Sheri D. Coover, Esquire 44 South Hanover Street Carlisle, PA 17013 Attorney for Defendant/Petitioner Mark F. Bayley, Esquire 17 West South Street Carlisle, PA 17013 Attorney for Plaintiff/Respondent srs i.1 .. ?i ' C r?:'??' ? V li ? G? REBECCA NEUMANN, Plaintiff V. MERICK L. NEUMANN, Defendant MERICK L. NEUMANN, Plaintiff V. REBECCA NEUMANN, Defendant 110441 6171 CIVIL TERM : IN THE COURT CUMBERLAND DOMESTIC REL PACSES NO. 15' DOCKET NO. 8( F COMMON PLEAS OF OUNTY, PENNSYLVANIA TIONS SECTION 102844 i SUPPORT 2008 IN THE COURT "F COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC TIONS SECTION PACSES NO. DOCKET NO RDER O AND NOW, this 16`h day of December, 2008, U )on consideration of the Support Master's Report and Recommendation, a copy of which s attached hereto as Exhibit "A", it is ordered and decreed as follows: A. For the period of September 26, 2008 through O ober 28, 2008 the Husband shall pay to the Pennsylvania State Collection and Disbursement Unit as support for his children, Elizabeth Neumann, born March 10, 1999, and Logan Neumann, born October 21, 2000, the sum of $587.00 per month. B. Effective October 29, 2008 the Husband shall pa to the Pennsylvania State Collection and Disbursement Unit as support for said children the sum of $230.00 per month. C. The Husband shall pay to the Pennsylvania State Collection and Disbursement Unit the additional sum of $40.00 per month on rrearages. D. The Wife shall provide health insurance coveragfor the benefit of said children as is available through employment or other group coverage at a reasonable cost. E. The Husband shall provide dental insurance cov age for the benefit of said children as is available through employment or o her group coverage at a reasonable cost. F. The monthly support obligation includes cash mi $250.00 annually for unreimbursed medical exp( Unreimbursed medical expenses of the children i al support in the amount of s incurred for each child. exceed $250.00 annually shall be allocated between the parties. The party unreimbursed medical expenses must provide do4 other party no later than March 31 S` of the year fc which the final medical bill to be allocated was r( medical expenses are to be paid as follows: 48% G. Because the Wife's obligation to pay alimony Husband's child support obligation, PACSES closed. IMPORTANT L PARTIES MUST WITHIN SEVEN DAYS INF RELATIONS SECTION AND THE OTHER PARTIE MATERIAL CHANGE IN CIRCUMSTANCES RELE SUPPORT OR THE ADMINISTRATION OF THE S INCLUDING, BUT NOT LIMITED TO, LOSS OR CI, EMPLOYMENT AND CHANGE OF PERSONAL AC ADDRESS OF ANY CHILD RECEIVING SUPPORT WILLFULLY FAILS TO REPORT A MATERIAL CHI MAY BE ADJUDGED IN CONTEMPT OF COURT, IMPRISONED. king allocation of ientation of expenses to the ,ving the calendar year in ved. The unreimbursed Husband and 52% by Wife. ,nte lite is set off against the No. 878110441 shall be NOTICE >RM THE DOMESTIC , IN WRITING, OF ANY 'ANT TO THE LEVEL OF PPORT ORDER, NNGE OF INCOME OR )RESS OR CHANGE OF A PARTY WHO NGE IN CIRCUMSTANCES ?ND MAY BE FINED OR PENNSYLVANIA LAW PROVIDES THAT A L SUPPORT ORDERS SHALL BE REVIEWED AT LEAST ONCE EVERY THREE (3) YEARS IF SUCH REVIEW IS REQUESTED BY ONE OF THE PART ES. IF YOU WISH TO REQUEST A REVIEW AND ADJUSTMENT OF YO UR ORDER, YOU MUST DO THE FOLLOWING: CALL YOUR ATTORNEY. AN UNREPRESENTED PERSON WHO WANTS TO MODIFY (ADJUST) A SUPPORT ORDER SHOULD CONTACT THE DOMESTIC RELATIONS SECTIO . ALL CHARGING ORDERS FOR SPOUSAL SUPPORT AND ALIMO NY PENDENTE LITE, INCLUDING UNALLOCATED ORDERS FOR CHIT AND SPOUSAL SUPPORT OR CHILD SUPPORT AND ALIMONY PENDENT LITE, SHALL TERMINATE UPON DEATH OF THE PAYEE. A MANDATORY INCOME ATTACHMENT V DEFENDANT IS NOT IN ARREARS IN PAYMENT OR GREATER THAN ONE MONTH'S SUPPORT ( COURT FINDS THAT THERE IS GOOD CAUSE t IMMEDIATE INCOME WITHHOLDING; OR (2) A V REACHED BETWEEN THE PARTIES WHICH PR( ALTERNATE ARRANGEMENT. UNPAID ARREARAGE BALANCES MAY BI AGENCIES. ON AND AFTER THE DATE IT IS Dl PAYMENT SHALL CONSTITUTE, BY OPERATIOI ILL ISSUE UNLESS THE N AN AMOUNT EQUAL TO BLIGATION AND (1) THE DT TO REQUIRE RITTEN AGREEMENT IS VIDES FOR AN REPORTED TO CREDIT E, EACH UNPAID SUPPORT OF LAW, A JUDGMENT AGAINST YOU, AS WELL AS A LIEN AGAINST RE FURTHER ORDERED THAT, UPON PAYOR'S FAI THIS ORDER, PAYOR MAY BE ARRESTED AND COURT FOR A CONTEMPT HEARING; PAYOR'S COMMISSIONS, AND/OR INCOME MAY BE ATTA WITH LAW. PAYOR IS RESPONSIBLE FOR COU The parties are hereby advised that they may file Support Master's Report and Recommendation within b Exceptions shall conform with the requirements of Rule exceptions are filed by any party, the other party may fil days of the date of service of the original exceptions. If twenty (20) days of this interim order, this order shall th By the NL PROPERTY. IT IS URE TO COMPLY WITH ROUGHT BEFORE THE VAGES, SALARY, #HED IN ACCORDANCE ;T COSTS AND FEES. vritten exceptions to the ;nty (20) days of this order. 910.120, Pa. R.C.P. If written exceptions within twenty (20) o exceptions are filed within i constitute a final order. Kevin A. Cc: Rebecca Neumann Merick L. Neumann Sheri D. Coover, Esquire For the Plaintiff Mark F. Bayley, Esquire For the Defendant J. DRO REBECCA NEUMANN, IN THE COURT PF COMMON PLEAS OF Plaintiff CUMBERLAND ICOUNTY, PENNSYLVANIA V. DOMESTIC RE TIONS SECTION MERICK L. NEUMANN, PACSES NO. 15 102844 Defendant DOCKET NO. 8(5 SUPPORT 2008 MERICK L. NEUMANN, IN THE COURT F COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOMESTIC RELATIONS SECTION REBECCA NEUMANN, PACSES NO. 87 110441 Defendant DOCKET NO.0 -6171 CIVIL TERM 'S REPORT AND RECOMMENDATION Following a hearing held before the undersigned upport Master on December 11, 2008, the following report and recommen ation are made: FIND 1. The Plaintiff in the above captioned support actio is Rebecca Neumann, who resides at 720 Old Mill Road, Apartment C-1, Wyomissing, Pennsylvania; she will hereafter be referred to as "the Wife." 2. The Defendant in the support action is Merick L. Neumann, who resides at 16 Morning Glory Lane, Manheim, Pennsylvania he will hereafter be referred to as "the Husband." 3. The parties were married on September 28, 1996. 4. The parties separated on August 30, 2008. 5. The parties are the parents of two minor children, Elizabeth Neumann, born March 10, 1999, and Logan Neumann, born Octo er 21, 2000, both of whom reside with the Wife. 6. On September 26, 2008 the Wife filed a Complai*t for spousal and child support. 7. On October 16, 2008 the Husband filed a Complaint for divorce. 8. On October 29, 2008 the Husband filed a petitionlfor alimony pendente lite. EXHIBIT "A" 9. The Wife is employed as an insurance agent. 10. The Wife works out of offices in Wyomissing, Pennsylvania and Mt. Laurel, New Jersey. 11. The Wife is paid wages and commissions. 12. Through the pay period ending November 16, in wages and $4,730.89 in commissions. 13. The Wife pays $164.41 bi-weekly for health 14. The Wife's tax filing status for 2008 will be children as dependency exemptions. 15. The Husband has been employed as a forklift Carlisle and Camp Hill, the Wife has earned $38,769.18 coverage on the family. and she will claim both for the past four years. 16. Through the pay period ending December 7, 200 the Husband has earned $32,654.55 which includes a one-time bonus of $ ,000.00. 17. The Husband pays $11.24 bi-weekly for dental i 18. The Husband's tax filing status is married/ 19. Both parties incur extraordinary travel expenses 20. The Husband has a bachelor's degree in finance coverage on the family. to their employment. LaSalle University. 21. The Husband worked for K-Mart and Giant food tores utilizing his degree several years ago. 22. The Husband's highest annual income was $38,477.00 which he earned in 2001. 23. The parties mutually agreed that the Husband would make a career change for family reasons. DISCUSSION Both parents have an obligation to support their c ildren in accordance with their relative incomes and ability to pay. Depp v. Holland, 63 A.2d 204 (Pa. Super. 1994). The Wife has average gross monthly income of $4,098.00. With a tax filing status of married/sep, dependency exemptions, her net monthly income for ' See Exhibit "A" for the tax deductions from gross income. idering her wages and commissions and two children claimed as ort purposes is $3,393.00.1 2 The Husband has average gross monthly income f $2,743.00. Filing his federal income return as married/separate results in net monthly ncome of $2,153.00.2 With combined net monthly income of $5,546.00 the basic requirement for the support of two children is $1,273.00 per month.3 The Husband's proportionate share of that amount is $494.00. After adjustments for the health insurance premiums paid by both parties, the Husband's child support obligation is $587.0 per month.4 Because the Wife's income exceeds that of her Husband, the Wife is not entitled to an award of spousal support.5 The Wife argues that the Husband should be than his actual earnings. In determining a parent's abilil focus is on earning capacity, not on actual earnings. Mc Super. 2001). A party's earning capacity is that amount expected to earn under the circumstances considering hi mental condition, education and training. Riley v. Fole} The Husband is a college graduate with a degree worked for several years for K-Mart and Giant food stor annually. Four years ago, while the marriage was intact Husband chose to obtain employment as a forklift opera more time to spend with the family. The Husband did n avoid his support obligation. The decision to change cat Wife. Consequently a recommendation is made that the based upon his current actual earnings rather than an ear ited with an earning capacity higher to support his or her children, the ney v. Doutt, 766 A.2d 1271 (Pa. ie or she can realistically be or her age, health, physical and 783 A.2d 807 (Pa. Super. 2001). finance. During the marriage he earning in excess of $38,000.00 id the parties resided together, the .. This was done to allow him voluntarily reduce his income to x paths was jointly made with the usband's support obligation be ig capacity. The Husband has filed a petition for alim ny pendente lite in the divorce action. In Clouse v. Clouse, 50 Cumberland L.J. 167, 17 (2001) the Honorable J. Wesley Oler discussed the law of Pennsylvania as it re ates to the subject of alimony pendente lite wherein he stated: The determination of whether to a` traditionally been a matter within the soun Litmans v. Litmans, 449 Pa. Superior Ct. (citing Murphy v. Murphy, 410 Pa. Superi appeal denied, 530 Pa. 633, 606 A.2d 902 113 S.Ct. 196, 121 L.Ed. 2d 139 (1992)). spouse to have the financial resources to p Litmans, supra at 222, 763 A.2d at 388. T needed to adequately preserve his or her ri Sutliff, 326 Pa. Superior Ct. 496, 500, 474 other rounds, Rosen v. Rosen, 520 Pa. IS regard, the Pennsylvania Superior Court h z See Exhibit "A" for the tax deductions from gross income. 3 See Pa. R.C.P. 1910.16-3. 4 See Exhibit "B" for the guideline calculation. s See Pa. R.C.P. 1910.16-4(a). vard alimony pendente lite has d discretion of the trial court. !09, 222, 673 A.2d 382, 388 (1996) c)r Ct. 146, 599 A.2d 647 (1991), (1992), cert. denied, 506 U.S. 868, APL is based on the need of one arsue or defend a divorce action. he claimant must show that APL is ghts in the litigation. Sutliff v. A.2d 599, 600 (1984), overruled on , 549 A.2d 561 (1988). In this is stated that "a spouse seeking alimony pendente lite who has sufficient sets to meet the needs of the pending litigation and who is equally situ ed with the other spouse to maintain or defend the action, will not be warded alimony pendente lite." Powers v. Powers, 419 Pa. Superior Ct. 46 4, 467, 615 A.2d 459, 460 (1992). In adjudicating a claim for alimon pendente lite, a court should consider the following factors: "the ability of the other party to pay; the separate estate and income of the petitions g party; and the character, situation, and surroundings of the parties." Litmans, supra. at 224, 673 A.2d at 389. Once entitlement to an award of alimony pendente lite is amount of the award is made pursuant to the support gui( Cumberland L.J. 131 (1998). After consideration of the factors set forth above, is recommended. In the present case, however, an award result in payments made by the Wife to him. Rather the alimony pendente lite will be set off against the Husband reduce the monthly amount payable by the Husband. Th set forth in Pa. R.C.P. 1910.16-4(e). A four-step procedi spousal support or APL obligation of the custodial paren calculated based upon the relative net incomes and no de results in an obligation of $496.00 per month. In the sec Husband's income and deducted from the Wife's incom( $2,897.00 for the Wife and $2,649.00 for the Husband. support obligation is calculated using the adjusted incorr, $726.00 per month.6 In the fourth and final step, the spo was set off against the child support obligation in the fin awarded to the Wife as child support. A. For the period of September 26, 2008 through Oc pay to the Pennsylvania State Collection and Dis children, Elizabeth Neumann, born March 10, 19 October 21, 2000, the sum of $587.00 per month the calculation of the Little v. Little, 47 an award of alimony pendente lite of APL to the Husband will not obligation of the wife to pay s child support obligation and will methodology for the calculation is re is employed. In the first step the to the non-custodial parent is )endent children. This calculation end step the $496.00 is added to the resulting in adjusted incomes of n the third step the Husband's child ;s. This results in an obligation of isal obligation from the first step l step. The difference of $230.00 is ber 28, 2008 the Husband shall rsement Unit as support for his , and Logan Neumann, born B. Effective October 29, 2008 the Husband shall pa to the Pennsylvania State Collection and Disbursement Unit as support for said children the sum of $230.00 per month. C. The Husband shall pay to the Pennsylvania State Collection and Disbursement Unit the additional sum of $40.00 per month on arre ges. 6 See Exhibit "C" for the calculation. 4 D. The Wife shall provide health insurance cove available through employment or other group E. The Husband shall provide dental insurance as is available through employment or other F. The monthly support obligation includes cash mf $250.00 annually for unreimbursed medical expe Unreimbursed medical expenses of the children t allocated between the parties. The party seeking expenses must provide documentation of expense March 31" of the year following the calendar yez be allocated was received. The unreimbursed mf follows: 48% by Husband and 52% by Wife. G. Because the Wife's obligation to pay alimony pc Husband's child support obligation, PACSES C, Date Michael R. Support M, for the benefit of said children as is at a reasonable cost. age for the benefit of said children coverage at a reasonable cost. ical support in the amount of ses incurred for each child. A exceed $250.00 annually shall be (location of unreimbursed medical to the other party no later than in which the final medical bill to ical expenses are to be paid as ente lite is set off against the No. 878110441 shall be closed. 5 In the Court of Common Pleas of Cumberlond County, Pennsylvania Plaintiff Name: Rebecca Neumann Defendant Name: Merick L. Neumann Docket Number: 865 S 2008 PACSES Case Number: 159102844 Other State ID Number: Tax Year: Current: 2008 Defendant Plaintiff 1. Tax Method 1040 ES 1040 ES 2. Fling Status Married Filing Separately Married Filing Separately 3. Who Claims the Exemptions Obligee 4. Number of Exemptions 1 3 5. Monthly Taxable Income $2,743.40 $4,097.80 6. Deductions Method 7. Deduction Amount $454.17 $454.17 8. Exemption Amount $291.67 $875.01 9. Income MINUS Deductions and Exemptions $1,997.56 $2,768.62 10. Tax on Income $266.20 $387.47 11. Child Tax Credit - $166.66 12. Manual Adjustments to Taxes - - 13. Federal Income Taxes $266.20 $220.81 13 a. Earned Income Credit - - 14. State Income Taxes $86.69 $129.49 15. FICA Payments $209.87 $313.48 16. City Where Taxes Apply 17. Local Income Taxes $27.43 $40.98 TOTAL Taxes $590.19 $704.76 SupportCak 2007 EXHIBIT "A" In the Court of Common Pleas of Cumberland County, Pennsylvania Support.ouidel Defendant Name: Merick L. Neumann Docket N PACSES Plaintiff Name: Rebecca Neumann Other Cas tuber: 865 S 2008 Case Number: 159102844 e ID Number: D fencant aintiff 1. Number of Dependents in this Case 2 2. Total Gross Month/ Income $2,743.40 $4,097.80 3. Less Month/ Deductions $590.19 $704.76 4. Monthly Net Income Line 2 minus Line 3 $2,153.21 $3,393.04 5. Combined Total Monthly Net Income Amounts on Line 4 Combined $5,546.25 '; 6. Plus Child's Month/ Soc. Sec. Retirement or Disability Derivative Be efit. - 7. Adjusted Combined Total Month/ Net Income - 8. PRELIMINARY Child Support Obligation based on Adjusted Income ine 7 - ` 9. Less Child's Monthly Social Security Retirement or Disability Derivat Benefit Line 6 a l) =h"`' 10. Basic Child Support Obligation From Rule 1910.16-3 Basic Child Support Schedule Table Rev. 1120 6 F- fit' $1,273.00 11. Net Income as a Percentage of Combined Amount 38.82 61.18 12. Each Parent's Month/ Share of the Child Support Obligation $494.18 $778.82 13. Adjustment for Shared Custody Rule 1910.16-4 c # of Overnights: - - 14. Adjustment for Child Care Expenses Rule 1910.16-6 a - 15. Adjustment for Health Insurance Premiums Rule 1910.16-6 b $92.53 16. Adjustment for Unreimbursed Medical Expenses Rule 1910.16-6 c - 17. Adjustment for Additional Expenses Rule 1910.16-6 d - 18. Total Obligation with Adjustments Line 8 minus Line 9, plus Lines 10, $586.71 19. Less Split Custody Counterclaim Rule 1910.16-4 d - 20. Obligor's Support Obligation Line 14 minus Line 15 $586.71 Prepared by: mrr Date: 12/12/2008 Summa Report S1. PACSES Multiple Family Adjustment - S2. Spousal Support Award - S3. Adjustment for Excess Mortgage Payments (If Applicable) - S4. Custodial Parent Spousal Support Obligation (if Applicable) (-) - S5. Adjusted Support Obligation Line 16 (or S1, if applicable) plus Line S2 and S3 minus S4 (if applicable) Monthly: $586.71 Weekly: $135.03 TAX INFORMATION Tax Method Filin Status Exemptions S6. Defendant 1040 ES Married Fi n Se aratel 1 S7. Plaintiff 1040 ES Married Fi n Se aratel 3 S8. Total Support Amount if Deviating from Guidelines Calculation Monthly: Weekly: S9. Justification for Deviating from Guidelines Calculation and/or Othe r Case Comments: SupportCak 2008 EXHIBIT "B" In the Court of Common Pleas of Cumberland County, Pennsylvania Support.Guideline,Works hide 19??7. t6-1. ek &:, eet Defendant Name: Merick L. Neuman Docket N PACSES Plaintiff Name: Rebecca Neuman Other Ca _ tuber: 865 S 2008 Case Number: 159102844 a ID Number: Defendant _ Plaintiff 1. Number of De endents in this Case 2 2. Total Gross Month/ Income $2,649.00 _ $2,897.00 3. Less Month/ Deductions - - 4. Monthly Net Income Line 2 minus Line 3 $2,649.00 $2,897.00 5. Combined Total Monthly Net Income Amounts on Line 4 Combined $5,546.00 6. Plus Child's Month/ Soc. Sec. Retirement or Disability Derivative Be nefit. - 7. Adjusted Combined Total Month/ Net Income - 3 8. PRELIMINARY Child Support Obligation based on Adjusted Income ine 7 - 9. Less Child's Monthly Social Security Retirement or Disability Derivat Benefit Line 6 ve (} r - 10. Basic Child Support Obligation From Rule 1910.16-3 Basic Child Support Schedule Table Rev. 11200 6) $1,273.00 11. Net Income as a Percentage of Combined Amount 47.76 52.24 12. Each Parent's Month/ Share of the Child Support Obligation $607.98 $665.02 13. Adjustment for Shared Custody Rule 1910.16-4 c # of Overnights: - - 14. Adjustment for Child Care Expenses Rule 1910.16-6 a - 15. Adjustment for Health Insurance Premiums Rule 1910.16-6 b $118.05 16. Adjustment for Unreimbursed Medical Expenses Rule 1910.16-6 c - 17. Adjustment for Additional Expenses Rule 1910.16-6 d - 18. Total Obligation with Adjustments Line 8 minus Line 9, plus Lines 10, $726.03 19. Less Split Custody Counterclaim Rule 1910.16-4 d - 20. Obligor's Support Obligation Line 14 minus Line 15 $726.03 Prepared by: mrr Date: 12/15/2008 Summa Re rt S1. PACSES Multiple Family Adjustment - S2. Spousal Support Award - S3. Adjustment for Excess Mortgage Payments (If Applicable) - S4. Custodial Parent Spousal Support Obligation (if Applicable) (-} S5. Adjusted Support Obligation Line 16 (or S1, if applicable) plus Line S2 and S3 minus S4 (if applicable) Monthly: $726.03 Weekly: $167.10 TAX INFORMATION Tax Method Filin Status Exemptions S6. Defendant Manual S n le 1 S7. Plaintiff Manual S n le 3 Sal 8TotSupport Amount if Deviating from Guidelines Calculation Monthly: Weekly: S9. Justification for Deviating from Guidelines Calculation and/or Othe Case Comments: SupportCak 2008 EXHIBIT "C" ra cr.?.a C'„„'? ?- ? ?.1 _ f"`) . ,., ,-" ...., , r ?? . ?.. SJ REBECCA NEUMANN, Plaintiff V. MERICK L. NEUMANN, Defendant MERICK L. NEUMANN, Plaintiff V. REBECCA NEUMANN, Defendant IN THE COURT F COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC REL TIONS SECTION PACSES NO. 15 102844 DOCKET NO. 865 SUPPORT 2008 IN THE COURT F COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION PACSES NO. 87110441 DOCKET NO. 0 -6171 CIVIL TERM INDEX OF EXHIBITS Plaintiff's Exhibit No. 1 - Earnings statement Plaintiff's Exhibit No. 2 - 2007 Form 2106-EZ Plaintiff's Exhibit No. 3 - Social Security statement for I Defendant's Exhibit No. 1 - Earnings statement PJ C j 3 CFDv i 5 i 4 iZ t! t. _ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA REBECCA NEUMANN, FAMILY COURT DIVISION Plaintiff PACSES NO. 159102844 V. DOCKET NO. 865 SUPPORT 2008 MERICK NEUMANN, Defendant MERICK NEUMANN, FAMILY COURT DIVISION Plaintiff V. PACSES NO. 878110441 DOCKET NO. 08-6171 REBECCA NEUMANN, Defendant EXCEPTIONS TO THE SUPPORT MASTER'S REPORT AND RECOMMENDATION AND NOW, comes Rebecca Neumann and files the following exceptions to the Support Master's Report and Recommendation dated December 16, 2008 and in support of those exceptions avers as follows: 1. The amount of income calculated for Wife, Rebecca Neumann was not calculated correctly. The actual amount of income for Wife for the year 2008 is less than that calculated by the master. The actual monthly income for Rebecca Neumann should have been $3,923.00 and not $4,098.00. This would proportionately decrease her net monthly income for support purposes after tax deductions. 2. The support master erred in failing to assign an imputed income to Merick Neumann. Although Merick currently is employed as a forklift operator, he has a bachelor's degree in finance and has previously has worked for both K-Mart and Giant 0 Food Stores utilizing his degree. He had an annual salary of $38,477.00 in 2001. The Findings of Fact by the Master stated that Merick left his employment as a forklift operator to allow him to spend more time with his family and that this decision was jointly made with Wife (Rebecca Neumann). Rebecca Neumann disputes the accuracy of this statement. Nevertheless, Merick's earning capacity is higher than his actual earnings at this time and it was error to fail to impute Merick with a higher earning capacity. 3. Husband was awarded alimony pendent elite in the divorce action. It was not established that Husband lacked the financial resources to pursue or defendant a divorce action and that such an award was necessary to preserve Husband's rights through litigation. In consideration of the situation of the parties, an award of alimony pendent elite is not appropriate. It was error for the Master to recommend an award of alimony pendente lite for Husband. WHEREFORE, in consideration of the Exceptions filed to the December 16, 2008 Recommendation of the Support Master, Rebecca Neumann hereby requests that this Court reconsider the Findings of Fact of the Support Master and enter an appropriate Order in accordance with these Exceptions. Respectfully submitted, 1 Qeri D. Coover, Esquire Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA REBECCA NEUMANN, FAMILY COURT DIVISION Plaintiff PACSES NO. 159102844 V. DOCKET NO. 865 SUPPORT 2008 MERICK NEUMANN, Defendant MERICK NEUMANN, FAMILY COURT DIVISION Plaintiff PACSES NO. 878110441 V. DOCKET NO. 08-6171 REBECCA NEUMANN, Defendant CERTIFICATE OF SERVICE I, Sheri D. Coover, Esquire hereby certify that on this 2"d day of January, 2009, I caused the foregoing EXCEPTIONS TO THE SUPPORT MASTER'S REPORT AND RECOMMENDATION to be served upon the counsel for the opposing party via U.S. First Class Mail addressed as follows: Mark Bayley, Esquire Bayley and Mangan 17 W. South Street Carlisle, PA 17013 submitted, Shed D: Coover, Esquire ARdirtey ID 93285 44 S. Hanover Street Carlisle, PA 17013 ??? .?; _ r ?" ^ ` ?; 7 .,? i ?7 ?•? a3 „,? MERICK NEUMANN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. REBECCA NEUMANN NO. 08 - 6171 CIVIL TERM PACKS # 878110441 ORDER OF COURT AND NOW, this 15TH day of JANUARY, 2009, Rebecca Neumann having filed exceptions to the Support Master's Report and Recommendation, it is hereby ordered as follows, pursuant to Rule 1910.12, C.C.R.P.: 1. The stenographer for the Support Master shall transcribe and file the notes of testimony, and Ms. Neumann shall bear the cost of the original transcript. 2. Ms. Neumann shall file a brief, in these chambers, in support of the exceptions not later than FEBRUARY 19, 2009. 3. The Defendant shall file a reply brief, in these chambers, not later than MARCH 9, 2009. 4. Argument shall be before the undersigned on THURSDAY, MARCH 12, 2009, at 11:15 a.m. in Courtroom # 3. Mark F. Bayley, Esquire 0-6P•ES Sheri D. Coover, Esquire Support Master G4?_cL / `!0 v (El DRO ic,?o9 I 1 9 1 Nvr 60oz :11 IL MERICK MEUMANN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNS YLVANIA Plaintiff VS. REBECCA NEUMANN NO. 08-6171 2008 Defendant MOTION FOR APPOINTMENT OF MASTER _ Defendant moves the court to appoint a master with respect to the following claims: ZX Divorce ? Distribution of Property ? Annulment ? Support QX Alimony ? Counsel Fees ?X Alimony Pendente Lite ? Costs and Expenses and in support of the motion states: 1. Discovery is complete as to the claims (s) for which the appointment of a master is requested. 2. The defendant has appeared in the action (personally) (by his attorney,_ Sheri D. Coover, Esquire Es tre)? 3. The staturory ground (s) for divorce -c? 'Z -< r_n ,n 3301 (c) 4. Delete the inapplicable paragraph (s): A ? BE] C ? r a. The action is not contested. rrl b. An agreement has been reached with respect to the following claims.- c. The action is contested with respect to the following claims: Division of the time share property and obligation to pay marital debts. Defendant's obligation to pay alimony pendente lite to Plaintiff. 5. The action does not involve complex issues of law or fact. h. The hearing is expected to take 3 hours 7. Additional information, if any, relevant to the motion: Date: " `) l"1 I Z o 1 ` ) I f DO ;ert"-T+ . - Print Name ORDER APPOINTING MASTER AND NOW 20 Esquire, is appointed master with respect to the following claims: By the Court, J. SEP 15 2010 7 MERICK MEUMANN : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. REBECCA NEUMANN : NO. 08-6171 2008 Defendant MOTION FOR APPOINTMENT OF MASTER Defendant , moves the court to appoint a master with respect to the following claims: © Divorce ® Distribution of Property ? Annulment ? Support ?X Alimony ? Counsel Fees ?X Alimony Pendente Lite ? Costs and Expenses and in support of the motion states: 1. Discovery is complete as to the claims (s) for which the appointment of a master is requested. 2. The defendant has appeared in the action (personally) (by his attorney,_ C-) .YJ Sheri D. Coover, Esquire , Es ire ) 3. The statutory ground (s) for divorce LM mm Z 'T' . 3301(c) t?.. ,.. 4. Delete the inapplicable paragraph (s): A ? BE] C ? a. The action is not contested. W b. An aereement has been reached with remeet to the followina claims: W c. The action is contested with respect to the following claims: Division of the time share property and obligation to pay marital debts. Defendant's obligation to pay alimony pendente lite to Plaintiff. 5. The action does not involve 6. The hearing is expected to take 3 7. Additional information, if any, relevant to the d cc? CA O Date: `I f 1" 1 )2O I `f De?erctar++ Print Name ORDER APPOINTING MASTER AND NOW el"& . /s 201 ?? ?.. (?f.G.?C,,?/,.(///.2r Esquire, is appointed master with respect to the following claims: r? z &i-Y ?c . 3ZPyLIE complex issues of law or fact. hours By the Court, ?-;? 4 -t- ?n ?rn 4rd ??oy k, MERICK NEUMANN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW REBECCA NEUMANN, NO. 08 - 6171 CIVIL TERM Defendant IN DIVORCE PETITION FOR ALIMONY PENDENTE LITE 1. Petitioner, Merick Neumann, is a competent adult individual, who resides at 850 Carsonia Ave., Apt. F-307, Reading, Berks County, Pennsylvania, 19606. 2. Petitioner's date of birth is 6/15/1970; the Domestic Relations Office is already in possession of his social security number. 3. Respondent, Rebecca Neumann, is a competent adult individual, whose address is 1215 Georgetown Circle, Carlisle, Cumberland County, Pennsylvania, 17013. 4. Respondent's date of birth is 10/17/1973 and the Domestic Relations Office is already in possession of her social security number. 5. A divorce complaint which contained claims for Divorce, Alimony and Alimony Pendente Lite was filed under the above-captioned docket number on October 16, 2008. A true and correct copy of the Divorce Complaint is attached to this petition. WHEREFORE, Petitioner requests that the Court Order an award for Alimony Pendente Lite. Date: Respectfully submitted, BAYLEY & MANGAN M t UA? 'T 'i a vi Mark F. Bayley, Es ire 17 West South Street - Carlisle, PA 17013 ` (717) 241-2446 c ' Supreme Court ID # 87663 =+ w MERICK NEUMANN, Plaintiff VS. REBECCA NEUMANN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08 - 6171 CIVIL TERM IN DIVORCE VERIFICATION Mark F. Bayley, Esquire, states that he is the attorney for Plaintiff in this action; that he makes this affidavit as attorney because he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. 'Z ? ? Date: 11 /r1--) Mark F. Bayley, Esquiyt' MERICK NEUMANN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW REBECCA NEUMANN, NO. 08 - 6171 CIVIL TERM Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, attorney for Plaintiff do hereby certify that I this day served a copy of the foregoing document upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Sheri D. Coover, Esquire 44 S. Hanover Street Carlisle, PA 17013 Dated: Z ? ? l L) Af - Mark B. Bayley, Esquire MERICK NUEMANN, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE `:F NO. 08-6171 CIVIL TERM REBECCA NEUMANN, IN DIVORCES - _ ' Defendant/Respondent PACSES CASE: 159102844 ORDER OF COURT a' r -D AND NOW, this 14th day of February, 2011, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby ordered that the parties and their respective counsel appear before R. J. Shadday on March 17, 2011 at 10:30 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.110 (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you. If you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. Copies mailed to: Petitioner Respondent Mark F. Bayley, Esq. Sheri D. Coover, Esq. Date of Order: February 14, 2011 BY THE COURT, gr 000, Albert H. Masland., Judge YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 MERICK L. NEUMANN, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 08-6171 CIVIL TERM 4= REBECCA S. NEUMANN, IN DIVORCE w - _..., Defendant/Respondent PACSES CASE: 878110441 a m ni -<> ; ORDER OF COURT C-) C -T _ =F- AND NOW to wit, this 17th day of March, 2011, it is hereby Ordered that the Petition for Alimony Pendente Lite is dismissed, without prejudice, pursuant to the calculated Alimony Pendente Lite is used to offset the Petitioner's child support obligation under PACSE Case #159102844 and docketed at 865 S 2008. This Order shall become final twenty (20) days after the mailing of the notices of the entry of the Order to the parties unless either party files a written demand with the Office of the Prothonotary for a hearing de novo before the Court. BY THE COURT: Albert H. Masland, J. DRO: R.J. Shadday xc: Petitioner Respondent Mark F. Bayley, Esq. Sheri D. Coover, Esq. Form OE-001 Service Type: M Worker: 21005 BAYLEY & MANGAN Mark F. Bayley, Esquire Attomey I.D. #: 87663 17 West South Street Carlisle, PA 17013 (717) 241-2446 FILED-OFFICE OF THE PROTHONOTARY 2011 APR -8 PM 1: 57 CUMBERLAND COUNT PENNSYLVANIA C1/phi 7,/ru MERICK NEUMANN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. REBECCA NEUMANN, Defendant PACSES CASE: 878110441 NO. 08 - 6171 CIVIL TERM IN DIVORCE REQUEST FOR A HEARING DE NOVO To the Prothonotary/Domestic Relations: Plaintiff, Merick Neumann, has requested a hearing De Novo regarding an Alimony Pendente Lite determination made on March 17, 2011. Said request was memorialized in writing to the Domestic Relations Office by letter dated April 1, 2011 attached as "Exhibit A." Date: Respectfully s itted, AY EY ANGAN ark F. ayle ,Esquire 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court ID # 87663 Bayley & Mangan ATTORNEYS AT LAW 17 West South Street Carlisle, Pa 17013 Mark F. Bayley, Esquire John J. Mangan, III, Esquire Telephone: (717) 241-2446 _____________ Fax: (717) 241-2456 Julie M. Good, Paralegal April 1, 2011 Domestic Relations Section 13 N. Hanover St P.O. Box 320 Carlisle, PA 17013 VIA FACSIMILE 240-6248 AND FIRST CLASS MAIL Re: Merick Neumann v. Rebecca Neumann No. 08-6171 Civil Term - In Divorce PACSES No. 878110441 (APL) Rebecca Neumann v. Merick Neumann PACSES No. 159102844/Docket No. 865 S 2008 (Child support) To Domestic Relations: Recommendations/determinations were made with regard to both of the above captioned matters on March 17, 2011. By and through the within letter Merick Neumann hereby gives notice that he appeals both recommendations/determinations and requests a hearing with the support master. Sincerely, VFark. Bayley, Esquire ID # 87663 MFB/jmg/ C- X 1", ), 4 a MERICK NEUMANN, Plaintiff vs. REBECCA NEUMANN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : PACSES CASE: 878110441 NO. 08 - 6171 CIVIL TERM IN DIVORCE CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, attorney for Plaintiff do hereby certify that I this day served a copy of the foregoing document upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Sheri D. Coover, Esquire 44 S. Hanover Street Carlisle, PA 17013 Dated: k B. Bayl y, Esquire In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION MERICK L. NEUMANN, ) Plaintiff/Petitioner ) vs. ) REBECCA S. NEUMANN, ) Defendant/Respondent ) Docket Number PACSES Case Number Other State ID Number 08-6171 CIVI °- --t rn M rn 1- 878110441 --4 C) ORDER OF COURT You, REBECCA S. B. NEUMANN, of 505 Carmist Circle, Reading, Pennsylvania 19608-8111-05 are ordered to appear at the DOMESTIC RELATIONS hearing room, c/o Hearing Room, DOMESTIC RELATIONS OFFICE, 13 North Hanover Street, Carlisle, Pennsylvania 17013 on the 23`d of May, 2011, at 8:30 a.m. for a hearing. You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income Statement and the appropriate Expense Statement, if required, attached to this order, completed as required by Rule 1910.11(c), 4. verification of child care expenses and, 5. proof of medical coverage which you may have, or may have available to you, 6. information relating to professional licenses, 7. other: NEUMANN V. NEUMANN PACSES Case Number 878110441 If you fail to appear for the hearing or to bring the required documents, the court may issue a warrant for your arrest and/or enter an interim Support order. THE APPROPRIATE COURT OFFICER MAY ENTER AN ORDER AGAINST EITHER PARTY BASED UPON THE EVIDENCE PRESENTED WITHOUT REGARD TO WHICH PARTY INITIATED THE SUPPORT ACTION. BY THE COURT: Date of Order: Albert H. Masland, JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, 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 PROVIDE 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 Bedford Street Carlisle, PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office at (717)240-6225. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. CM-509 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION MERICK L. NEUMANN, ) Plaintiff/Petitioner ) vs. ) REBECCA S. NEUMANN, ) Defendant/Respondent ) Docket Number 08-6171 CIVLE = y 878110441=? = ~ - U) r- - 0 ?Uo a r- , = y - C)-n N PACSES Case Number Other State ID Number ORDER OF COURT You, MERICK L. NEUMANN, of 850 Carsonia Avenue, Apartment F-307, Reading, Pennsylvania 19606-1262-67 are ordered to appear at the DOMESTIC RELATIONS hearing room, c/o Hearing Room, DOMESTIC RELATIONS OFFICE, 13 North Hanover Street, Carlisle, Pennsylvania 17013 on the 23rd of May, 2011, at 8:30 a.m. for a hearing. You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income Statement and the appropriate Expense Statement, if required, attached to this order, completed as required by Rule 1910.11(c), 4. verification of child care expenses and, 5. proof of medical coverage which you may have, or may have available to you, 6. information relating to professional licenses, 7. other: NEUMANN V. NEUMANN PACSES Case Number 878110441 If you fail to appear for the hearing or to bring the required documents, the court may issue a warrant for your arrest and/or enter an interim Support order. THE APPROPRIATE COURT OFFICER MAY ENTER AN ORDER AGAINST EITHER PARTY BASED UPON THE EVIDENCE PRESENTED WITHOUT REGARD TO WHICH PARTY INITIATED THE SUPPORT ACTION. BY THE COURT: Date of Order: - II- Albert H. Masland, JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, 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 PROVIDE 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 Bedford Street Carlisle, PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office at (717)240-6225. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. CM-509 Merick Neumann, V. Rebecca Neumann, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-6171 Defendant IN DIVORCE WAIVER OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301(C) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 1V CIVIL fl 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 THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. 3 z9 pia Dat MERICK NEUMANN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA c--? V. CIVIL ACTION AT LAW CASE NO. 08-61.71 p- ;:D ` j REBECCA NEUMANN, mew -?"`= Defendant IN DIVORCE w " "' r..,- (*V 'tea c t' i AFFIDAVIT OF CONSENT 1. A complaint in divorce under §3301(c ) of the Divorce Code was filed on October 16, 2008. 2. Service of the complaint was made upon Defendant. 3. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 4. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities 2-,W-/,L- - &iw, 'y -'? - --?Vx"' Date Defendant Rebecca Neumann MERICK NEUMANN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA =. c1 v. CIVIL ACTION AT LAW ?r' -" CASE NO. 08-6171 REBECCA NEUMANN, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(C) OF THE DIVORCE CODE 1. 1 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. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.§ 4903 relating to unsworn falsification to authorities. /?,?YA T T Date Defendant Rebecca Neumann Merick Neumann, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLV ANIA V. CIVIL ACTION - LAW" =A NO. 08-6171 CIVIL Rebecca Neumann ' =M° m , Defendant IN DIVORCE -, W?c AFFIDAVIT OF CONSENT 1. A complaint in Divorce under §3301(c) of the Divorce Code was filed on October ICS' 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of the final Decree in Divorce after service of Notice of Intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. D Ate MERICK NEUMANN, Plaintiff VS. . REBECCA NEUMANN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08 - 6171 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this ?. day of , 2012, counsel and the parties having entered into an agreement and stipulation resolving the economic issues on March 29, 2012, the date set for a conference, the agreement and stipulation having been transcribed and signed by the parties, the appointment of the Master is vacated and counsel can conclude the proceedings by the filing of a praecipe to transmit the record with the affidavits of consent and waivers of the parties so that a final decree in divorce can be entered. BY THE COURT, Kevi A. Hess, P. J.--- cc: ? Mark F. Bayley 7.M Attorney for Plaintiff CD Sheri D. Coover ? CD Attorney for Defendant s - c::) copes rv:l?af .? 3/?z F*41- r . MERICK NEUMANN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 08 - 6171 CIVIL REBECCA NEUMANN, Defendant IN DIVORCE THE MASTER: Today is Thursday, March 29, 2012. This is the date set for a conference in the above-captioned divorce proceedings. Present in the hearing room are the Plaintiff, Merick Neumann, and his counsel Mark F. Bayley, and the Defendant, Rebecca Neumann, and her counsel Sheri D. Coover. This action was commenced by a complaint in divorce filed on October 16, 2008, raising grounds for divorce of irretrievable breakdown of the marriage. Counsel advised the Master that they will have their clients sign affidavits of consent and waivers of notice of intention to request entry of divorce decree within the next couple of days and will file the affidavits and waivers with the Prothonotary's office. The divorce can, therefore, conclude under Section 3301(c) of the Domestic Relations Code. The complaint raised a claim on behalf of husband for alimony and alimony pendente lite. Wife filed a counterclaim on November 24, 2008, raising a claim for equitable distribution. Neither party failed any claims for a k v 1 counsel fees and costs. The Master has been advised that the parties, after considerable negotiation with their counsel today, have reached an agreement. The agreement is going to be placed on the record in the presence of the parties. The agreement as placed on the record will be considered the substantive agreement of the parties, not subject to any changes or modifications except for correction of typographical errors which may be made during the transcription. Therefore, when the parties leave the hearing room today they are bound by the terms of the agreement even though they have not signed the agreement affirming the terms of settlement. However, the Master's office is going to prepare the draft of the agreement and send it to counsel for review for typographical errors. After any corrections are made as necessary, counsel will be asked to obtain their client's signature affirming the terms of settlement as stated on the record. Upon receipt by the Master of a completed agreement, the Master will prepare an order vacating his appointment and counsel can then file a praecipe transmitting the record to the Court requesting a final decree in divorce. The parties separated in August 2008, and the parties have two minor children. Mr. Bayley. MR. BAYLEY: 2 1. Husband agrees to assume responsibility for the remaining debt in relation to the parties' Member's 1st credit card. Principal on said card currently stands at approximately $10,149.31. Husband shall maintain that account in good standing until the principal balance is paid in full. Husband indemnifies and holds wife harmless with regard to any claims in relation to said account. 2. Husband shall provide a cash payment to wife in the amount $397.50 on or before April 6, 2012. This payment represents half the balance on the time-share and when payment is made in April, an additional $25.00 late fee may be assessed which the parties will divide. Wife shall assume full ownership of the time-share and full responsibility for payments and husband shall sign any documents necessary to transfer ownership to wife. 3. Both parties waive any right to pursue alimony. This agreement is in full satisfaction of the equitable distribution of the marital estate. 4. Any modifications within the agreement shall be in writing. 5. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. THE MASTER: Mr. Neumann, you heard the agreement as stated on the record. Do you have any questions? MR. NEUMANN: No, sir. THE MASTER: You understand what the 3 agreement is? MR. NEUMANN: Yes. THE MASTER: And you understand that you are bound by this agreement when you leave the hearing room today but you are going to be asked later on to sign an agreement affirming the settlement? MR. NEUMANN: Correct. THE MASTER: Mrs. Neumann, do you understand the agreement? MS. NEUMANN: I do. THE MASTER: And do you have any questions about it? MS. THE are bound today by there is no signin, MS. THE NEUMANN: MASTER: the term today? NEUMANN: MASTER: No, I do not. And you also understand that you s of the agreement even though Yes. Thank you. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to 4 f the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: DATE: iceik Neum nn A-JjQ ?- 1(e r-- ,i , Mark F. ayley Attorney for Plaintiff Sheri D. Coover Attorney for Defendant Rebecca Neumann 5 MERICK NEUMANN, Plaintiff VS. REBECCA NEUMANN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08 - 6171 CIVIL TERM IN DIVORCE ACCEPTANCE OF SERVICE I, SHERI D. COOVER, Esquire hereby accept service of the Complaint in Divorce on behalf of the Defendant, REBECCA NEUMANN, in the above-captioned action and I certify that I am authorized to do so. Date rat w BY: :5c:7 o CooverniD.er, Esquire x ; :;. BAYLEY & MANGAN Mark F. Bayley, Esquire Attorney I.D. #: 87663 17 West South Street Carlisle, PA 17013 (717) 241-2446 MERICK NEUMANN Plaintiff VS. REBECCA NEUMANN, Defendant 2012 MAY -7 PM 3 54 CUMEf LAND COUNTY PE'NNSYLVANiA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-6171 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 § 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Filed on October 16, 2008 and Defendant accepted service through her attorney on October 17, 2008 (Defendant's original acceptance of service is attached). 3. Date of execution of the affidavit of consent required by § 3301(c) of The Divorce Code: by the Plaintiff on March 29, 2012 (filed of record 3/30/12); by the Defendant on March 29, 2012 (filed of record 3/30/12). 4 5 Related claims pending: None Date Plaintiff s Waiver of Notice in §3301(c) Divorce was filed of record: March 30, 2012. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed of record: March 30, 2012. Date: ?? I I k F. Bayley, Esqui BAYLEY & MANGAN 17 W. South St. Carlisle, PA 17013 717) 241-2446 Supreme Court I.D. # 87663 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Merick Neumann V. Rebecca Neumann : NO. 08-6171 DIVORCE DECREE AND NOW, X'-012- , it is ordered and decreed that Merick Neumann , plaintiff, and Rebecca Neumann bonds of matrimony. , defendant, are divorced from the Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") None By the Court, Attest: J. rothonotary S'• q • ??. C'e??. copy m:v, z ?cr ? A? ?o7 y/ey A/ rovvee' A/VO ce -?<oey /y'aiG