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Home My WebLink About09-5738JAMES O. WIAN, H, Plaintiff V. ELIZABETH A. WIAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW. : NO. 09 - 5 7 ?> CIVIL TERM : IN DIVORCE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. 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. 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 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. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. JAMES O. WIAN, H, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW ELIZABETH A. WIAN, : NO. 09 - 6'7 3 ? CIVIL TERM Defendant : IN DIVORCE COMPLAINT UNDER SECTION 3301(c) AND 3301(d) OF THE DIVORCE CODE 1. Plaintiff is James O. Wian, II, an adult individual, who resides at 601 Wilhelm Road, #110A, Harrisburg, Dauphin County, Pennsylvania 17111, and whom maintains his domiciles at; 36 Greenfield Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Elizabeth A. Wian, an adult individual, who resides at 36 Greenfield Drive, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff and Defendant have both been bona fide residents in the Commonwealth for at least six months immediately previous to filing of this Complaint. 4. Plaintiff and Defendant were married on May 21, 1998, 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. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 9. Wife has refused to take her husband in or care for him in his ailing health. 10. 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 11 EQUITABLE DISTRIBUTION 11. Paragraphs 1 through 10 are incorporated herein by reference as if set forth in their full text. 12. Plaintiff and Defendant are joint owners of various items of real and personal property, furniture and household furnishings acquired during their marriage, which are subject to equitable distribution. 13. Plaintiff and Defendant have incurred debts and obligations during their marriage, which are subject to equitable distribution. WHEREFORE, Plaintiff requests your Honorable Court to enter a decree equitably dividing the parties' property and equitably apportioning the debts incurred by the parties. Respectfully submitted, Rominger & Associates Date: ?r l K . Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court I.D. # 81924 Attorney for Plaintiff s VERIFICATION I 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 unsworn falsification to authorities. Date: U t o Z G d D?ARY 2009 Aut 19 P;N i, Cult.0 -` v,; r X33 ?. So ai-G . o u ? ?fitib1? 3(? y` 'd pdwr JAMES O. WIAN, H, Plaintiff V. ELIZABETH A. WIAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 09 - S-7 3 CIVIL TERM : IN DIVORCE MOTION FOR SPECIAL RELIEF AND RELATED REQUEST FOR BIFURCATION AND NOW, comes Plaintiff, James O. Wian, II, by and through his attorney, Karl E. Rominger, Esquire and in support of his Motion for Special Relief and Related Request for Bifurcation avers as follows: 1. Plaintiff is approximately 83 years of age having been born on May 1, 1926. 2. Plaintiff has filed a Complaint in Divorce at this docket number at previous to him filing the same his wife had filed for spousal support in Cumberland County alleging that the parties were separated. 3. Petitioner is an assisted living facility because he is unable to care for himself due to medical conditions and problems complicated by his advanced age. 4. Petitioner wishes to protect his assets in the marriage and dissolve the marriage in question. 5. Because of Petitioner's advanced age and medical conditions, rapidly untangling the property issues is necessary if he is to leave a legacy to his children. 6. The primary asset of the marriage is a home located at 36 Greenfield Drive, Carlisle, Pennsylvania brought to the marriage by Petitioner and deeded subsequent to marriage to Petitioner and Respondent as husband and wife. 7. Should Petitioner expire by operation of law this asset would become the sole property of wife, and this divorce action would abate. 8. Petitioner therefore requests that this Court grant a bifurcation pursuant to 23 Pa.C.S. 3323 and enter an order doing so, and preserving the property issues so that Petitioner and Petitioner's Estate may continue forward and they litigation of the property which would not abate. 9. In the alternative Petitioner would ask that this' Court invoke its powers under 23 Pa.C.S. §35020 to grant special relief as to the primary asset and order equitable distribution of the home between the two parties, and award each husband and wife one-half the value of the home less any mortgage it is encumbered by and direct the parties to sell the same with a professional realtor immediately. WHEREFORE, Petitioner respectfully requests that this Honorable Court grant the relief requested. Respectfully submitted, Rominger & Associates Date: August 19, 2009 Karl E. Rominger, Esquire 15 5 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Petitioner/Plaintiff JAMES O. WIAN, H, Plaintiff V. ELIZABETH A. WIAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 09 - CIVIL TERM : IN DIVORCE CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Petitioner/Plaintiff, do hereby certify that I this day served a copy of the Motion for Special Relief and Related Request for Bifurcation upon the following via hand delivery, addressed as follows: John F. King, Esquire 19 South Hanover Street, Suite 103 Carlisle, Pennsylvania 17013 Respectfully submitted, Rominger & Associates Date: August 19, 2009 Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Petitioner/Plaintiff Tl-,"c- PRO' 2009 AUG 19 Pry 3• SYf - ., fJ S a AUG 2 0 20094 JAMES O. WIAN, H, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL, ACTION - LAW ELIZABETH A. WIAN, : NO. 09 - 5-7 3 ?' CIVIL TERM Defendant : IN DIVORCE ORDER OF COURT AND NOW, this 04day of , 2009, in consideration of the within Motion for Special Relief and Related Request for Bifurcation, a hearing is scheduled for / day of 2009, at 44I0b o'clock 4- M. in Courtroom number and the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court: ` Distribution: ? Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 John F. King, Esquire 19 South Hanover Street, Suite 103 Carlisle, Pennsylvania 17013 yes rn?L LL OF THE PIR-)l I ,?.4r ?t;,?{y 2009 AUG 24 hi 2 ;3 JAMES O. WIAN, H v. ELIZABETH A. WIAN IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNT`, PENNSYLVANIA CIVIL ACTION - LAW NO. 09-5738 IN DIVORCE Defendant. NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA. 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 INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 By: M11h Ming, Esquire 19 S. Hanover Street Suite 103 Carlisle, PA 17013 (717) 258-4343 JOHN F. KING LAW, P.C. John F. King, Esq. 19 S. Hanover Street, Suite 103 Carlisle, PA 17013 (717) 258-4343 FAX (717) 422-5526 j ohnfkinglaw&a ?amai l . com JAMES O. WIAN, II Plaintiff V. Attorney for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ELIZABETH A. WIAN NO. 09-5738 Defendant. IN DIVORCE ANSWER AND COUNTERCLAIM TO COMPLAINT UNDER SECTION 3301(c) and (d) OF THE DIVORCE CODE 1.-13. An answer to these averments is not required, pursuant to Pa.R.C.P. 1920.14 and the averments are, thereunder, generally denied. WHEREFORE, Defendant respectfully requests this Honorable Court to deny the relief sought by the Plaintiff. COUNTERCLAIM COUNT III REQUEST FOR ALIMONY PENDENTE LITE UNDER SECTION 3702 OF THE DIVORCE CODE 14. The prior response to paragraphs 1 through 13 of this Complaint are incorporated herein by reference hereto. 15. Defendant lacks sufficient property or income to provide for her reasonable needs and legal expenses during the course of this litigation. 16. The Court has the authority to enter an award of alimony pendente lite until final hearing, pursuant to Section 3702 of the Divorce Code. WHEREFORE, the Defendant respectfully requests the Court to enter an award of alimony pendente lite, until final hearing, pursuant to Section 3702 of the Divorce Code. Dated: August 1, 2009 Carlisle, PA 17013 (717) 258-4343 (717) 422-5526 FAX johnfkin Ig_aw&gmail.com 19 S. Hanover Street, Suite 103 CERTIFICATE OF SERVICE I hereby certify that I am this a6 day of & 6( _ serving the foregoing answer and counterclaim upon the person and in the manner indicated below which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure. Service by First Class Mail addressed as follows: Karl Rominger, Esq. 155 S. Hanover Street Carlisle, PA 17013 &? ai-" SharrySemans FILED--Csi -iCE (f THE P'Prji ``,'NARY 2009 AUG 26 Pis 12: 38 r JOHN F. KING LAW, P.C. John F. King, Esq. ID 61919 19 S. Hanover Street, Suite 103 Carlisle, PA 17013 (717) 258-4343 FAX (717) 422-5526 j ohnfking-law&sunail. com JAMES O. WIAN, II Plaintiff V. Attorney for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ELIZABETH A. WIAN NO. 09-5738 Defendant. IN DIVORCE ANSWER TO MOTION FOR SPECIAL RELIEF AND RELATED REQUEST FOR BIFURCATION AND NOW comes the Defendant, Elizabeth A. Wian, by and through her attorney, John F. King, Esq., and in response to the Plaintiff's Motion for Special Relief and Related Request for Bifurcation, avers as follows: I . Admitted. By way of further answer, it is averred that the Defendant is 81 years of age. 2. Admitted. By way of further answer, it is averred that Defendant filed an action for spousal support after Plaintiff Husband unexpectedly departed the marital residence, and after the Defendant was informed that the Plaintiff Husband would no longer reside at the marital residence. 3. The Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment contained in paragraph 3, and the averment is therefore denied, with proof therefore demanded. 4. The Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment contained in paragraph 4, and the averment is therefore denied, with proof therefore demanded. 5. The Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment contained in paragraph 5, and the averment is therefore denied, with proof therefore demanded. 6. It is admitted that the primary asset of the marriage is the marital residence located at 36 Greenfield Drive, Carlisle, Pennsylvania. It is denied that the marital residence was brought to the marriage by Petitioner, and proof thereof is demanded. 7. The averment contained in paragraph 7 of the Plaintiff's Motion is not an averment of fact, but rather an averment of law, and no response is therefore required. 8. Any averment on the part of Petitioner that 23 Pa.C.S.A. §3323 authorizes a bifurcation of the divorce proceeding initiated by Plaintiff by way of his filing on August 19, 2009, is denied, and proof therefore is demanded. 9. Any averment on the part of the Petitioner that 23 Pa.C.S.A. §3502(f) allows for the entry of an Order by this Honorable Court to equitably divide the sole marital asset with value and to require the parties to sell the marital residence, thereby rendering the Defendant homeless, is denied, and proof therefore is demanded. WHEREFORE, the Defendant respectfully request that this Honorable Court deny the relief requested by Plaintiff. Dated: August, 2009 LAS, R,2F. King, Esq. 61919 X19 S. Hanover Street, Suite Carlisle, PA 17013 (717) 258-4343 (717) 422-5526 FAX johnfkin law ,gmail.com CERTIFICATE OF SERVICE I hereby certify that I am this C? day of serving the foregoing answer to motion for special relief upon the person and in the manner indicated below which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure. Service by First Class Mail addressed as follows: Karl Rominger, Esq. 155 S. Hanover Street Carlisle, PA 17013 1?& /? A)?? J S arry Semans n'-- THE 2009 AUG 26 H 4: 19 JAMES O. WIAN, II, Plaintiff V. ELIZABETH A. WIAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 09 - 5738 CIVIL TERM : IN DIVORCE MOTION FOR STIPULATION IN LIEU OF SPECIAL RELIEF AND NOW, comes the parties and avers as follows: 1. A hearing on special relief was scheduled for September 17, 2009, at which time the parties reached an agreement. 2. The parties have signed a stipulation effecting agreement, and the same is attached hereto as an exhibit, and incorporated herein as if fully set out. 3. The parties desire that this Court enter an Order adopting the stipulation as an Order of Court. WHEREFORE, the parties as evinced by the attached stipulation as for an Order of Court as attached, and respectfully request that this Honorable Court grant the relief requested. Respectfully submitted, Rominger & Associates Date: October 12, 2009 Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Petitioner/Plaintiff JAMES O. WIAN, Il, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW ELIZABETH A. WIAN, : NO. 09 CIVIL TERM Defendant : IN DIVORCE STIPULATION AS TO EQUITABLE DISTRIBUTION OF THE MARITAL RESIDENCE The parties intending to be bound, enter into the following stipulation and agreement as follows: 1. The parties agree that the marital residence located at 36 Greenfield Drive, Carlisle, Cumberland County, Pennsylvania 17013 is the major tangible asset of the marriage, and the sole real property of the parties. 2. The parties agree that in the event of the death of one or both of the parties, the value of the marital residence shall remain a marital asset subject to distribution to the survivor and the decedent's estate. The parties further agree that they shall seek an Order of Court, pursuant to Pa.R.C.P 1920.43 and Pa.C.S.A 3323(f), to incorporate the terms of the agreement contained herein. To the extent that the Court is unable or unwilling to issue said Order, the parties do hereby bind themselves and their estates, heirs and assigns to the terms of the agreement contained herein. 3. The parties agree to immediately list and endeavor to sell the marital residence at a reasonable amount, to be determined in conjunction with a licensed real estate agent / broker from Cumberland County. Further should the parties be unable to agree upon a price after consultation with the listing realtor, they shall use the list price determined by the realtor. The parties further agree the proceeds of sale will be placed in escrow until the divorce is finalized or further order of court is issued, except that Wife shall have the right to withdraw, without prejudice to either's ultimate claim to said proceeds, an amount (or amounts) which is no greater than 40% of the total amount escrowed. 4. Husband will continue to pay the carrying costs of the real estate, which include the PNC, UGI gas, electric, Cable/phone, sewer/water/trash, property tax, and homeowner's insurance payments, and wife may remain in the home until 15 days prior to the settlement of sale. 5. The parties further agree that should they be unable to reach an accord, the Master shall be fully empowered to ultimately distribute the aforementioned proceeds pursuant to the law(s) of equitable distribution, in addition to, and in consideration of, any other assets which may be determined to be distributable. 6. Husband agrees to withdraw his existent Petition for special relief and bifurcation, and agrees to file no other Court actions seeking similar relief. Date: Se tember 0? ?, 2009 ?T F. King, Esq. Date: September 1 r, 2009 Karl E. Rominger, Esq- Elizabeth A. Wian JAMES O. WIAN, II, Plaintiff V. ELIZABETH A. WIAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 09 - CIVIL TERM : IN DIVORCE CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Petitioner/Plaintiff, do hereby certify that I this day served a copy of the Motion upon the following via hand delivery, addressed as follows: John F. King, Esquire 19 South Hanover Street, Suite 103 Carlisle, Pennsylvania 17013 Respectfully submitted, Rominger & Associates Date: October 12, 2009 Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Petitioner/Plaintiff OF TV" ; ^r",?Y 2007 OCT 12 Phi 09 JAMES O. WIAN, II, Plaintiff V. ELIZABETH A. WIAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 09 - 5738 CIVIL TERM : IN DIVORCE ORDER OF COURT AND NOW, this 1 Y-day of OEJ-arm , 2009, in consideration of the within Motion and Attached Stipulation of the Parties, the same is made an Order of Court, and is incorporated herein but not merged with this Order, and all of said stipulation shall be binding upon both parties, further granting specifically the request that neither party's interest in the Marital Residence shall abate upon death. By the Court: Distribution: ? Karl E. Rominger, Esquire 155 South Hanover Street C?JoF. rlisle, Pennsylvania 17013 King, Esquire 19 South Hanover Street, Suite 103 Carlisle, Pennsylvania 17013 Co?LEs rn?tL?L. I ?C_)l/41f 4r `1 J e 4 )TARY 2009 OCT 14 ;'H 3: 4 3 ~• JAMES O. WIAN, II v. JUL 16 [u~u :IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA ELIZABETH A. WIAN Defendant. :CIVIL ACTION -LAW :NO.09-5738 :IN DIVORCE ORDER Yh AND NOW, this ~~c day of July, 2010, the Court having determined that both parties are desirous of executing a certain sales agreement dated July 23, 2010, presented by Steven Barrett, it is hereby ORDERED that the parties execute the sales agreement immediately. BY THE COURT: Hon. M. L. Ebert, Jr. w ! ~f.S' Ml'l.e`1. C~ //~~~~~ r ~r ~. I~MI~Jr~y~_ ~~~?~rv ~~ G -`~ _ ~ ~ - - r-- ; ~ ; r__ -.,! _ .r -- ~ ~` ~~ ~ C,. - A JAMES O. WIAN, II, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. r} ~.~, CIVIL ACTION -LAW `~ `~ ~~ ELIZABETH A. WIAN, NO. 09 - 5738 CIVIL TERM °_ --~ Defendant IN DIVORCE u ~ " `= r ~ .. ~_ ~;~~ __ c., MOTION TO COMPEL ~ ~~~ c t:. __ a AND NOW, comes Plaintiff, James O. Wian, II, by and through his attorney, Kar13E~ri` Rominger, Esquire and in support of his Motion to Compel avers as follows: 1. The Plaintiff and Defendant along with there respective counsel attended a four way sit down conference on or about September 4, 2009, to try to resolve the divorce amicably. 2. At said conference Plaintiff agreed to provide Defendant with his 401(k) annual statements from 2000 through 2009 and Defendant agreed to provide Plaintiff with her bank statements from 2000 through 2009. 3. Plaintiff provided to Defendant his 401(k) annual statements from 200 through 2009 on or about November 30, 2009. 4. Defendant provided to Plaintiff bank statements only from December 10, 2008, through August 7, 2009, on or about November 19, 2009. 5. On or about February 11, 2010, Plaintiff requested again in writing Defendant's bank statements from 2000 through 2008. 6. On or about February 12, 2010, Defendant provided to Plaintiff an October 2020, 2004, and 2006, bank statement. 7. Defendant has refused to provide the requested documentation on more then one occasion and has provided bits and pieces of the requested documentation. 8. An anticipated real estate settlement date is scheduled for September 15, 2010, of the marital home and the requested bank statements are needed prior to the anticipated real estate settlement date. WHEREFORE, Plaintiff respectfully requests that this Honorable Court grant the relief requested, and order Defendant to provide the requested bank statements prior to September 1 S, 2010. Respectfully submitted, Rominger & Associates Date: August 18, 2010 Karl E ominger, Esquire 155 outh Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Petitioner/Plaintiff J JAMES O. WIAN, II, Plaintiff v. ELIZABETH A. WIAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 09 - 5738 CIVIL TERM IN DIVORCE CERTIFICATE OF SERVICE I, Kazl E. Rominger, Esquire, attorney for Petitioner/Plaintiff, do hereby certify that I this day served a copy of the Motion to Compel upon the following by depositing the same in the United States Mail, postage pre-paid, via first class, at Cazlisle, Pennsylvania, addressed as follows: John F. King, Esquire 4076 Mazket Street Camp Hill, PA 17011 Respectfully submitted, Rominger & Associates Date: August 18, 2010 Kazl ominger, Esquire 155 outh Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Petitioner/Plaintiff JAMES O. WIAN, II, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. ELIZABETH A. WIAN, DEFENDANT NO. 09-5738 CIVIL IN RE: PLAINTIFF'S MOTION TO COMPEL ORDER OF COURT AND NOW, this 19th day of August, 2010, upon consideration of the Plaintiffs Motion to Compel, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before August 30, 2010; 3. The Prothonotary is directed to forward said Answer to this Court. 4. A hearing on this matter will be held on Thursday, September 9, 2010, at 8:30 a.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. ?Karl E. Rominger, Esquire Attorney for Plaintiff John F. King, Esquire Attorney for Defendant eon ,'es mtz,tFd_. e/14% By the Court, NO., M. L. Ebert, Jr., J. 0 a=: a 3 w. t., David -D. Buel Frothonotary Office of the Prothonotary Cum6errand County, 1�'- ennsy[vania rkS. Sohonage, ESQ Solicitor £Y .5 3 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28Th DAY OF OCTOBER, 2014, AFTER MAILING NOTICE OF INTENTION TO PROCEED.AND RECEIVING NO RESPONSE—THE ABOVE • CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P.230.2. BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square ® Suite100 0 CariuCe, P.A 0 (Phone 717 240-6195 0 Ea;, 71 7 240-6573