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HomeMy WebLinkAbout04-2244 f:\Client Directol)'\Smith~B\Pleadings\Divorce Complaint.wpd May 14.20~ MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney LD. No. 27914 210 Grandview A venue, Suite 102 Camp Hill, PA 1701 ] Telephone No. (717) 909-4060 Attorneys for Plaintiff BETTY M. SMITH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, NO, 04 - ~I.jl{ ~iUl~~~~ RAY A. SMITH, Defendant CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action, You are warned that if you fail to do so, the case may proceed without you and a Decree of Divorce or 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. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request mamage counseling, A list ofmamage counselors is available in the office of the Prothonotary at the Franklin County Courthouse, 157 Lincoln Way East, Chambersburg, Pennsylvania 17201. 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. Pennsylvania Lawyer Referral Service Pennsylvania Bar Association 100 South Street, P.O, Box 186 Hamsburg, PA 17108 (800) 692-7375 I :\Client Directory\Smith-B\Pleadings\Divorce Complaint wpd May 14, 2004 MARIA P. COGNETTI & ASSOCIATES MARIA p, COGNETTI, ESQUIRE Attorney LD. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff BETTY M. SMITH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, NO. OI../-~LlY CIVIL ACTION - LAW IN DIVORCE C~~L'-r~ RAY A SMITH, Defendant COMPLAINT UNDER SECTION 330Hc) OF THE DIVORCE CODE 1, Plaintiff is Betty M, Smith, who has resided at 801 North Hanover Street, Carlisle, Cumberland County, Pennsylvania, for the last two (2) months, 2. Defendant is Ray A Smith, who has resided at 325 Wesley Drive, Mechanicsburg, Cumberland County, Pennsylvania, for the last twenty-one (21) months. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on October 8, 1955 in Easton, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties, 6, Neither of the parties in this action is presently a member ofthe Armed Forces. 7, The Plaintiff and Defendant are both citizens of the United States. I:\Client Directory\Smith~B\Pleadings\Djvorce Complaint.wpd May 14,2004 8. Plaintiff has been advised of the availability of marriage counseling and that she may have the right to request the Court to require the parties to participate in such counseling. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a divorce decree being handed down by the Court. 9. Plaintiff avers that there are no children of the parties under the age of eighteen (18). COUNT I - DIVORCE 10. The Plaintiff avers that the grounds on which the action is based are as follows: a. that Defendant has offered such indignities to the Plaintiff, the injured and innocent spouse, so as to make Plaintiffs condition burdensome and life intolerable; b. that the marriage is irretrievably broken. COUNT II - EQUITABLE DISTRIBUTION 11. During the marriage, Plaintiff and Defendant have acquired various items of marital property, both real and personal, which are subject to equitable distribution under Chapter 35 of the Divorce Code. COUNT III - ALIMONY, ALIMONY PENDENTE LITE, ATTORNEY'S FEES AND COSTS 12. Plaintiff lacks sufficient property to provide for her reasonable needs. ]3. Plaintiff is unable to sufficiently support herselfthrough appropriate employment. 14. Defendant has sufficient income and assets to provide continuing support for the I :\Client Directory\Smith.B\PJeadings\Divorce Complaint. wpd May 14,2004 Plaintiff. ]5. By reason of this action, Plaintiff will be put to considerable expense in the preparation of her case in the employment of counsel and the payment of costs. 16. The Plaintiff is without sufficient funds to support herself and to meet the costs and expenses of this litigation and is unable to appropriately maintain herself during the pendency of this action. 17. Plaintiffs income is not sufficient to provide for her reasonable needs and pay her attorney's fees and the costs of this litigation. 18. Defendant has adequate earnings to provide for the Plaintiffs support and to pay her counsel fees, costs and expenses. COUNT IV - INJUNCTIVE RELIEF 19. Plaintiff believes that Defendant has, or intends to remove from this jurisdiction, dispose of, alienate, encumber and/or dissipate such marital assets for the purpose of and/or with the intent of defeating Plaintiff's right as prayed for hereinabove, all of which would irreparably harm Plaintiff. 20. The removal from this jurisdiction, disposal of, alienation, encumbering and/or dissipation of said marital assets by Defendant has been and will be detrimental to the rights of Plaintiff and would defeat the purposes of the Divorce Code, all of which would irreparably harm Plaintiff. I:\Client Directory\Smith~B\Pleadings\Divorce Complaint.wpd May 14, 2004 WHEREFORE, Plaintiff requests this Honorable Court: a, enter a decree in divorce; b. equitably distribute all property, both personal and real, owned by the parties; c. compel the Defendant to pay alimony pendente lite to Plaintiff; d. grant Plaintiffs attorney's fees and costs; e. compel the Defendant to pay alimony to Plaintiff; f. freeze all non-essential marital assets; g. grant such further relief as the Court may deem equitable and just. Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES Date: May 17, 2004 By: 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff VERIFICATION I, Betty M. Smith, hereby verifY and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S,A. ~4904 relating to unsworn verification to authorities. /3~M, 4~ BETTY M. SMITH, Plaintiff DATE: 5/11 toLl ( ~ -(Q. (J ~ ~ - t ~ G- ...0 f-:. C> C', D )J - € - frt t. ~ ..c:: Ci () ~ ~ () D- ,. .c -.() \ 0 ~Vv \~ ,'-i J-~ C.'I r' ~ MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney J.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff BETTY M. SMITH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-2244 RAY A. SMITH, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE; I, TODD C. HOUGH, ESQUIRE, do hereby certifY that a true and correct copy of the Divorce Complaint was served upon the Defendant by certifiedl mail, return receipt requested, on the 24th day of May, 2004. The original signed return receipt, number 7000153000025776 1367, is attached hereto and made a part hereof. MARIA P. COGNETTI & ASSOCIATES Date: May 27,2004 By: T D C. HOUGH, ESQUIRE Attorney LD. No. 91060 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff ... SEHDE:R: I . Complete Items 1 and/or 2 for additional services. j . Complete items 3, 4a, and 4b. I . Prtnt your name and address on the reverse 01 this form so that we can return this card to you. . Attach this form to the front of the mailpiece, or on the back if space does not penn;!. . Write "Return Receipt Requested" on the mailpiace below the article number. · . The Retum Recerpt will show to whom the article was delivered and Ihe dale :ti delivered. g 3. Article Addressed to: I fir+y II. 0rn'nI- .g;fj Wet.q&VE- tnallflN/C!S8l1/l4, 84 /1000 I also wish to receive the fOllowing services (for an extra fee); 1. 0 Addressee's Address 2. ~ Restricted Delivery Consult postmaster for fee. 4a. Article Number '()()() /5 4b. Service Type o Register o Exp ~R 7. D 11 i 102595.98-8-0229 Domestic Retum ~ipt o c: .,.. ~~; u:' .-~~ -<- ". l.<::cj ~~i [~ ";-.'C- ~ "-' c::;. ~.. _~J .~- t.,. ,'" ( < 'Y I:\Client Directory\Smith-Betty\pleadings\Petition for Hearing and Ex Parte lnjunction.wpd May 28, 2004 JUN 0 1 2004 ~ BETTY M. SMITH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 04-2244 RAY A. SMITH, Defendant CIVIL ACTION - LAW IN DIVORCE ORDER OF COURT AND NOW, to wit, this / d day of 4' AI R , 2004, upon consideration of the foregoing Petition for Hearing and Ex Parle Temporary Injunctive Order, filed on behalf of Petitioner, indicating that immediate and irreparable harm would result before the matter would be heard on motion, it is hereby ORDERED and DECREED that a temporary preliminary injunction be issued upon Respondent. Respondent is hereby enjoined and restrained from disposing, transferring, withdrawing, cashing, surrendering or in any other way disturbing any property and any monies and securities that constitute marital assets until further order of this Court. Any and all nonessential assets of the parties are hereby frozen. A hearing is set for the 1(P~ dayof ~ ,2004,at/o:t?) o'clock A L.M., in Courtroom No. '-! located in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. BY THE COURT: .Ai J. ~i: ti ~ ?f Z ~ ~~f ~ ALED-oFFlCE OF THE: PROn-!ONOTMY 2004 JUN - J AI1 JO: 0 J CUM'.':"" " " "("'\l7'I' :o~,;.:L""ii{~ C~'UI'l1 ( PENNSYLVANIA l\Client Directory\Smith-Betty\pleadings\Petition for Hearing and Ex Parte Injunction.wpd May 28. 2004 MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney J.D. No. 27914 210 Grandview A venue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff/Petitioner BETTY M. SMITH, Plaintiff /Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-2244 RAY A. SMITH, Defendant/Respondent CIVIL ACTION - LAW IN DIVORCE PETITION FOR HEARING AND EX PARTE TEMPORARY INJUNCTIVE ORDER AND NOW comes Betty M. Smith, Petitioner, by her attorney, Maria P. Cognetti, Esquire, and brings the following Petition for Hearing and Ex Parte Temporary Injunctive Order and respectfully represents the following: I. Petitioner is Betty M. Smith, who currently resides at SOl North Hanover Street, Carlisle, Pennsylvania. 2. Respondent is Ray A. Smith, who currently resides at 325 Wesley Drive, Mechanicsburg, Pennsylvania. 3. Petitioner and Respondent were married on October S, 1955 in Easton, Pennsylvania. 4. A Complaint in Divorce was filed to the above term and number on May IS, 2004. Said Complaint in Divorce filed on behalf of Petitioner, c:ontained claims for equitable distribution, alimony, alimony pendent lite, attorney fees and costs, and injunctive relief. I:\Client Directory\Smith-Betty\pleadings\Petition for Hearing and Ex Parte Injunction.wpd May 28, 2004 5. On May 24,2004, said Complaint in Divorce was served upon Respondent by certified mail, postage pre-paid. 6. During the course of their marriage, the parties acquired assets, including real and personal property, which constitute marital property within the meaning and intent of the Pennsylvania Divorce Code and which are subject to equitable distribution. 7. Petitioner believes and therefore avers that Respondent is not of sound mind and will dispose of, encumber or alienate the parties' marital property without regard to Petitioner's interest therein or her claim for equitable distribution. 8. Respondent's abandonment of Petitioner is clear evidence of his mental problems. On March 8, 2004, without reason or need, Respondent took Pfttitioner to Holy Spirit Hospital and left her in the care of the Hospital. Petitioner was released by the hospital on March 10, 2004, however, when Respondent was contacted about arranging for Petitioner's transportation home, he responded angrily and made threats to Petitioner's well-being, refusing to allow her back in their home. 9. Petitioner has been a resident of the Church of God Nursing Home in Carlisle, PA since March 10, 2004, and has incurred, and continues to incur, considerable expense for her care. 10. Petitioner has no means of support for herself beyond her monthly pension, Social Security entitlement, and what remains of the parties' accumulated savings. 11. Recently, Respondent has opened a checking account in his own name and has transferred what is believed by Plaintiff to be in excess of $30,000.00 from the parties' joint I:\Client Directory\Smith-Betty\pleadings\Petition for Hearing and Ex Parte Jnjunction.wpd May 28, 2004 savings account into his own account. 12. Respondent has used marital assets to buy vehicles for his friends and has on numerous occasions given away between $2,000.00 and $ I 0,000.00 to various acquaintances. Respondent has indicated in the memo field of these checks, "to good people." 13. Petitioner and Respondent will be receiving a large amount of money imminently, as a return of the parties' deposit on a retirement cottage at th,: Bethany Village Retirement Center. This deposit will be provided to the parties upon Respondent leaving the cottage and moving into a new residence. 14. Petitioner fears that Respondent will squander this deposit and deprive her of the means to support herself, leaving her impoverished. 15. Petitioner believes and therefore avers that the deposit reimbursement from Bethany Village Retirement Center should be placed in ajoint escrow account which can only be accessed with the consent of both parties. 16. Petitioner believes and therefore avers that the remainder of the parties' marital assets are in danger of being squandered away by Respondent and, therefore, should be frozen by the Court, with the sole exception of those assets deemed necessary to pay for the parties' essential living expenses. 17. Pursuant to Section 3323(f) of the Divorce Code, the Court has ". . . full equity power and jurisdiction and may issue injunctions or other orders which are necessary to protect the interests of the parties or to effectuate the purposes of this part, and may grant such other relief or remedy as equity and justice require. . ." If Respondent is allowed to dissipate assets, l\Client Directory\Smith.Betty\pleadings\Petition for Hearing and Ex Parte Injunction.wpd May 28,2004 Petitioner believes she will suffer irreparable harm and lose forever her rights to equitable distribution of marital property unless Respondent is enjoined from dissipating marital assets within his control. IS. The relief sought by Petitioner is necessary to protect her interests in the marital assets, effectuate the purpose of the Divorce Code, and is requiired by equity and justice. 19. Petitioner has no adequate remedy at law. 20. Pursuant to Section 3505(a) of the Divorce Cod,e, "[w]here it appears to the court that a party. . . is about to remove property of that party from the jurisdiction of the court or is about to dispose of, alienate or encumber property in order to defeat equitable distribution, alimony pendente lite, alimony. . . or similar award, an injunction may [be] issue[d] to prevent the removal or disposition and the property may be attached as prescribed by general rules." WHEREFORE, Petitioner respectfully prays this Honorable Court, based on the foregoing Petition for Hearing and Ex Parte Temporary Injunctive Order, enter an Order: a. setting this matter for a hearing; b. temporarily el1ioining and restraining Respondent from encumbering, dissipating, selling or otherwise alienating any and all marital assets of the parties; and, I:\Client Directory\Smith.Setty\pleadings\Petition for Hearing and Ex Parte Injunction.wpd May 28. 2004 c. freezing any and all non-essential assets of the parties. Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES Date: May 28, 2004 By: 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for PlailltifflPetitioner VERIFICATION I, Betty M. Smith, hereby verifY and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of IS Pa. C.S.A. ~4904 relating to unsworn verification to authorities. DATE: 5/j)tJOtj /l~_-r{1lL(/S~ BETTY M. SMITH, Plaintiff I:\Client Directory\Smith-Betty\pleadings\Petition for Hearing and Ex Parte Injunction.wpd May 28, 2004 CERTIFICATE OF SERVICE I, Maria P. Cognetti, Esquire, Attorney for Plaintiff/Petitioner herein, do hereby certifY that on this date I served the foregoing Petition for Hearing and Ex Parte Temporary Injunctive Order, by depositing a true and exact copy thereof in the Unite:d States mail, first class, postage prepaid, addressed as follows: Mr. Ray A. Smith 325 Wesley Drive Mechanicsburg, P A 17055 MARIA P. COGNETTI & ASSOCIATES Date: May 28, 2004 210 Grandview A venue, Suite 102 Camp Hill, PAl 70 11 Telephone No. (7:17) 909-4060 Attorney for Plaintiff/Petitioner (") ~:; ~/F:'-i, JO.. ;!1 c' . ;t:. ~r. 1:.tl.'--: z :.2. g q. \t~i ~.... -l~' 6~j .0..0 (:sin -< -,.'>," o ";-),'J (.I.) .<. !:. ~. co BETTY M. SMITH, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW 04-2244 CIVIL RAY A. SMITH, DefendantJRespondent IN DIVORCE IN RE: PETITION FOR HEARING AND EX PARTE TEMPORARY INJUNCTIVE ORDER ORDER AND NOW, this Ib' day of June, 2004, on agreement of the parties, it is hereby ordered and decreed that the following assets of the parties, and any other assets solely in the name of Ray A. Smith, are frozen: 1. ING Goldenselect Premium Plus (Deferred Variabk Annuities), Account Nos. I088984-0W, I090505-0W, and I088983-0W; 2. Charles Schwab Brokerage Account, Account No. 8286-9898; 3. Husband's portion of the funds currently held by the: Bethany Village Retirement Center as a deposit on the parties' cottage; 4. Prudential Life Insurance Policies Policy Nos. 20293136, 24732116,63715225,73086091,80868765, 064700160, and account ending in -0662; 5. TastyKake stock and the dividends earned thereon; lmd 6. All Wachovia Bank accounts held in the name of Ray A. Smith. Furthermore, Respondent is hereby ordered to restore Petitioner as the beneficiary on all of the above accounts. It is ordered that the above accounts are frozen until such time as a decree in divorce is entered that includes an award of equitable distribution of the parties' marital assets ~ - -.. Ill\' ,.,.// \l,~('~ :,I:'.! ':kl lJ.Ni1lr/; (1'';;'i',;;1'-;:/'''1'' r >_..','..'., ,....,."...1J! J 00 :~ Hd 91 ~mnooz AtNLOi~OHlOUd 3H1 :JO 3::J1:J:lO-0311::1 or until further order of this court, or request by counsel for Respondent for an evidentiary hearing on this matter. v1<1aria Cognetti, Esquire For the Petitioners ...--Ray A. Smith, Pro Se 325 Wesley Drive Mechanicsburg, PAl 7055 :rlm BY THE COURT, / 01.. - /1.. -0/ 4.d Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA BETTY M. SMITH, v. : NO. 04-2244 RAY A. SMITH, : CIVIL ACTlON- LAW : IN DIVORCE Defendant PRAECIPE TO ENTER APPEARA.NCE TO THE PROTHONOTARY: Please enter my appearance as counsel of record for the Defendant in the above captioned matter. Respectfully Submitted, T Paul Brad r 0 , E 50 East High Stret:t Carlisle, PA 17013 (717) 258-8558 Supreme Court ID # 71786 ~h'5( 04 '.' . ,.....,,'" - -. -. () "" c = 0 <'" .,. - ..c- -n !-~- <- -1 s= :c ..,,-r1 ~ ~F,; N u: :::00 ::;6 ;~, -T.-l-; (j:;g --...C, I ,:::. s"? om --, j;; -:!. ~ ::D -.J '-< BETfY M. SMITH, Plainlilf : IN THE COURT OF COMMON PLEAS : CllMBERIAND Co( TNTY, PENNSYLVANIA v. : CIVIL ACTION.. LAW : IN DIVORCE RAY A SMITH, DclCndanl : NO. 04-2~H4 MOTION TO SET ASIDE PRELIMINARY INJUNCTION I. Motion is hereby made on behalf of the Defendan~ Ray A. Smith to set aside the Preliminary Injunction in this matter entered June 1, 2004. II. That this order has denied the Defendant access to all funds necessary to retain counsel. III. That the order is overbroad and unjustified under the circumstances. IV. That Counsel for the Defendant has tried repeatedly to seek cooperation from counsel for the Plaintiff to no aval. Resp<:ctfully Submitted, G ~ 'i€?~ ~IC ard R. Gan, 're Law Offices of Paul Bradford Orr 50 East High Street Carlislie, P A 17013 BETTY M. SMITH, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA RA Y A SMITH, Defendant : CIVIL ACTION - LA W : IN DIVORCE : NO. 04-2244 CERTIFICATE OF SERVICE I hereby certifY that on this 11th day of August, 2004, I mailed a true copy of the foregoing Motion to Set Aside Preliminary Injunction to the following p,:rson at the following address by First Class U.S. Mail, delivered to addressee only: Maria P. Cognetti, Esquire 210 Grandview Avenue Suite 102 Camp Hill, PA 17011 Honorable Judge Hess Cumberland County Courthous,: Carlisle, PAl 7013 (By Hand De 'yery) - ....~ c,:::> C.:::J ..;:- )"~~ C':'" c) -~., rv o 'l\ :::J rn:c r- :-rJL!J, , ) I...~" ;;(~; i \~'l':. \ " :J,; 1" C"l {.~ AUG 1 3 2004 V BETTY M. SMITH, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN DIVORCE RA Y A SMITH, Defendant : NO. 04-2244 ORDER OF COURT AND NOW, this IS-r;1 day of 0.1..1 F.L ,2004, upon consideration of the Defendant's Motion to Set Aside Preliminary Injunction, it is hereby ORDERED that an emergency hearing take place on the /20 tI day of r:u.'.l ~ ' 2004, at 10; 30 o'c1ock'a-.m. in Courtroom Number 4 of the Cumberland County Courthouse. BY THE COURT: ~~ard R. Gan, Esquire ~ Cognetti, Esquire 210 Grandview Avenue Suite 102 Camp Hill, PA 17011 /J ~ 10.1 vin A. Hess,:K ( . / ~ 0'8 -/3 -() L( t/ay Smith ('\['> .c. CG .0.... '" rl . ,'J ._ fiCOl ::;'C BETTY M. SMITH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW 04-2244 CIVIL RAY A. SMITH, Defendant IN DIVORCE IN RE: MOTION TO SET ASIDE PRELIMINARY INJUNCTION ORDER AND NOW, this Z'" day of August, 2004, upon consideration of the defendant's motion to set aside preliminary injunction, it is hereby ordered that the motion to set aside preliminary injunction is GRANTED, in part, as follows: 1. The defendant is authorized to immediately withdraw from his IRA account, Number 10905050W, the sum of $5,000.00 for his full use and benefit; and 2. Commencing with September of 2004, the defendant is authorized to withdraw the sum of $1 ,000.00 per month from the foregoing IRA account. BY THE COURT, Maria Cognetti, Esquire For the Plaintiff . rJ J.- Richard R. Gan, Esquire For the Defendant ~~ r-).. 7- 0'1 q-, :r1m 'tlNV^1ASNN3c! ""n"') n~ i\-/-' "'~('\Ino 1\.1..1'1 lI..A,:i'h ltijt!~ 'i J +j r : I !4d 9Z snv ~ooz Atl'!lONOHI08d 3111 :10 301:!..'10-0311:1 BETTY M. SMITH, Plaintiff/Petitioner V. RAY A. SMITH, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-2244 CIVIL TERM ORDER OF COURT AND NOW, this 20th day of August, 2004, this matter having been called for hearing, the Plaintiff is given the opportunity to respond to the requests of the Defendant in writing; counsel to correspond with the Court prior to the close of business on August 25, 2004. The Defendant shall be given a reasonable opportunity to respond to said correspondence. Maria P. Cognetti, Esquire For the Plaintiff Richard R. Gan, Esquire For the Defendant :lfh By the Court, ./1J . Hess, J. Cj- q -tJ<( 1,.., ^L~;(':t" 07 -III"} 'OJ "ilt:,o I n~ 'OI'Z _ - O:::J olUJ AUVJCi+JHJ.C:-::d ~Hl :10 :DH~(}-(EllH MARIA P. COGNETTI & ASSOCIATES MARIA P, COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, P A 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff BETTY M. SMITH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-2244 RAY A. SMITH, Defendant CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO DISCONTINUE To the Prothonotary: Please withdraw counts I through N of the Complaint in Divorce filed on May 18, 2004 and mark the above-referenced divorce action discontinued and dismissed. Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES Date: October 26, 2006 By: 210 Grandview Avenue, Suite 102 Camp Hill, P A 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff Q c_ <' -ort n"l n . :.-.;>> ''',it L- ,- -7f U;~.J.. e 1;C ,,-.( , $C:: Z ~ r--.> c::::::> = 0" C) (J --i W o () -n -:! I-n fl1r= -0 P=1 ',:; ~-;-' C)O =5~~ 610 .-! J:.- ~ -0 3: W ..