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Home My WebLink About10-1828 0 Patricia J. Romano, Esquire 4711 Locust Lane Harrisburg, PA 17109 717-657-0632 Id. No. 88161 Attorney for Plaintiff -,r F1 LE 1)-Q ?" "' troy 2010 AIR 12 1'` C5 CHERI D. FORTENBERRY, Plaintiff V. LEE M. FORTENBERRY, SR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA :NO. 10- CIVIL ?V{ 7er-w. 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, 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, 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 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 2 Liberty Avenue Carlisle, PA 17013 *431.CC> Qa A nY (717) 249-3166 W-W 144 e-M IP& a add?? NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion do demanda. Usted puede perder dinero o sus propiedades o otros derechos importanates para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (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 assessable facilities and reasonable accommodations available to disable individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled conference or hearing. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 2 Patricia J. Romano, Esquire 4711 Locust Lane Harrisburg, PA 17109 717-657-0632 Id. No. 88161 Attorney for Plaintiff CHERI D. FORTENBERRY, Plaintiff V. LEE M. FORTENBERRY, SR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(() OR SECTION 3301(d) OF THE DIVORCE CODE AND NOW comes the above Plaintiff, Cheri D. Fortenberry, by and through her attorney, Patricia J. Romano, Esquire, and seeks to obtain a decree in divorce from the above- named Defendant, upon the grounds hereinafter set forth: 1. The Plaintiff, Cheri D. Fortenberry, is an adult individual whose current mailing address is 5474 Poverty Hollow Road, Fort Lawn, South Carolina, 29714. 2. The Defendant, Lee M. Fortenberry, Sr., is an adult individual who resides at 115 Hillside Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 3. The Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least six (6) months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on 8/23/86. 3 5. Plaintiff avers that there are two children to the parties, who are emancipated. 6. The Plaintiff and Defendant are both citizens of the United States of America. 7. There have been no prior actions in divorce between the parties. 8. The Plaintiff and Defendant are not members of the Armed Services of the United States or any of its allies. 9. Plaintiff has been advised of the availability of counseling and that she may have the right to request that the Court require the parties to participate in counseling. 10. The causes of action and sections of Divorce Code under which Plaintiff is proceeding are: A. Section 3301(c). The marriage of the parties is irretrievably broken. After ninety (90) days have elapsed from the date of the service of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an Affidavit. B. Section 3301(d). The marriage of the parties is irretrievably broken. The Plaintiff and Defendant separated on 9/13/09. COUNTI CLAIM FOR ALIMONY PENDENTE LITE UNDER SECTION 3702 OF THE DIVORCE CODE 11. Plaintiff hereby incorporates by reference all of the averments contained in paragraphs 1 through 10 of this Complaint. 4 12. Plaintiff does not have sufficient funds to support herself during the pendency of this action. 13. Defendant is well able to pay support to Plaintiff. 14. Plaintiff requests this Court to grant her alimony pendente lite. COUNT II CLAIM FOR COUNSEL FEES COSTS AND EXPENSES UNDER SECTION 3702 OF THE DIVORCE CODE 15. Plaintiff hereby incorporates by reference all the averments contained in paragraphs 1 through 14 of this Complaint. 16. Plaintiff does not have sufficient funds to pay the counsel fees, costs and expenses incidental to this action. 17. Defendant is well able to pay Plaintiffs counsel fees, costs and expenses incidental to this matter. 18. Plaintiff requests this Court to grant her counsel fees, costs and expenses incidental to this action. COUNT III CLAIM FOR ALIMONY UNDER SECTION 3701 OF THE DIVORCE CODE 19. Plaintiff hereby incorporates by reference all of the averments contained in paragraphs 1 through 18 of this Complaint. 5 20. Plaintiff does not have a sufficient source of income or earning capacity at the present time to maintain the standard of living enjoyed by the parties during their marriage. 21. Defendant does have a sufficient source of income and earning capacity to aid Plaintiff in maintaining the standard of living enjoyed by the parties during their marriage. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a Decree: a. dissolving the marriage between the Plaintiff and Defendant; and b. directing the Defendant to pay alimony pendente lite to Plaintiff, and c. directing the Defendant to pay Plaintiffs counsel fees and expenses incidental to this divorce action; and d. granting alimony to Plaintiff; and e. for such further relief as the Court may determine to be equitable and just. Dated: 6 Harrisburg, PA 17109 (717) 657-0632 Id. No. 88161 • VERIFICATION I verify that the statements made in the foregoing are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. By: Cheri D. Fortenberry Date: 3-10-to nlD-mr CE TARY ?Hc ncrIry0"'0 Patricia J. Romano, Esquire 4711 Locust Lane Harrisburg, PA 17109 717-657-0632 Id. No. 88161 Attorney for Plaintiff 2050 N,i;t 22 5'1. 3. 5 I ,r l' CJ, CHERI D. FORTENBERRY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 10-1828 LEE M. FORTENBERRY, SR.,: CIVIL ACTION - LAW Defendant : IN DIVORCE DEMAND FOR APL HEARING AND NOW, comes the Plaintiff, Cheri D. Fortenberry, by and through her attorney, Patricia J. Romano, Esquire, and respectfully files the following Demand for APL Hearing and in support thereof avers as follows: 1. The Plaintiff, Cheri D. Fortenberry, is an adult individual whose current mailing address is 5474 Poverty Hollow Road, Fort Lawn, South Carolina, 29714. 2. The Defendant, Lee M. Fortenberry, Sr., is an adult individual who resides at 115 Hillside Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 3. On March 12, 2010, Plaintiff filed a Complaint in Divorce, which included, inter alia, a count for Alimony Pendente Lite Under Section 3702 of the Divorce Code (See attached Exhibit A). WHEREFORE, Plaintiff respectfully requests that this Honorable Court schedule a hearing with the Court of Common Pleas Domestic Relations Section. Respectfully Submitted, c Patricia J. Ro o, Esquire 4711 Locust L e Harrisburg, PAI 17109 717-657-0632 Id. No. 88161 Dated: 3 VERIFICATION I verify that the statements made in the foregoing are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. By:_Chz-uL Cheri D. Fortenberry Date: EXHIBIT A ?-a -,? _ _+ r Patricia J. Romano, Esquire 4711 Locust Lane -t --' Harrisburg, PA 17109 717-657-0632 Id. No. 88161 Attorney for Plaintiff CHERI D. FORTENBERRY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. 10 - (SA Ir-r'N% LEE M. FORTENBERRY, SR., : CIVIL ACTION - LAW Defendant : 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 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, 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 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 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion do demanda. Usted puede perder dinero o sus propiedades o otros derechos importanates para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (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 assessable facilities and reasonable accommodations available to disable individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled conference or hearing. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 2 Patricia J. Romano, Esquire 4711 Locust Lane Harrisburg, PA 17109 717-657-0632 Id. No. 88161 Attorney for Plaintiff CHERI D. FORTENBERRY, Plaintiff V. LEE M. FORTENBERRY, SR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . NO. : CIVIL ACTION - LAW : IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OR SECTION 3301(4) OF THE DIVORCE CODE AND NOW comes the above Plaintiff, Cheri D. Fortenberry, by and through her attorney, Patricia J. Romano, Esquire, and seeks to obtain a decree in divorce from the above- named Defendant, upon the grounds hereinafter set forth: 1. The Plaintiff, Cheri D. Fortenberry, is an adult individual whose current mailing address is 5474 Poverty Hollow Road, Fort Lawn, South Carolina, 29714. 2. The Defendant, Lee M. Fortenberry, Sr., is an adult individual who resides at 115 Hillside Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 3. The Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least six (6) months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on 8/23/86. 3 7 5. Plaintiff avers that there are two children to the parties, who are emancipated. 6. The Plaintiff and Defendant are both citizens of the United States of America. 7. There have been no prior actions in divorce between the parties. 8. The Plaintiff and Defendant are not members of the Armed Services of the United States or any of its allies. 9. Plaintiff has been advised of the availability of counseling and that she may have the right to request that the Court require the parties to participate in counseling. 10. The causes of action and sections of Divorce Code under which Plaintiff is proceeding are: A. Section 3301(c). The marriage of the parties is irretrievably broken. After ninety (90) days have elapsed from the date of the service of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an Affidavit. B. Section 3301(d). The marriage of the parties is irretrievably broken. The Plaintiff and Defendant separated on 9/13/09: COUNT I CLAIM FOR ALIMONY PENDENTE LITE UNDER SECTION 3702 OF THE DIVORCE CODE 11. Plaintiff hereby incorporates by reference all of the averments contained in paragraphs 1 through 10 of this Complaint. 4 s 12. Plaintiff does not have sufficient funds to support herself during the pendency of this action. 13. Defendant is well able to pay support to Plaintiff. 14. Plaintiff requests this Court to grant her alimony pendente lite. COUNT II CLAIM FOR COUNSEL FEES COSTS AND EXPENSES UNDER SECTION 3702 OF THE DIVORCE CODE 15. Plaintiff hereby incorporates by reference all the averments contained in paragraphs 1 through 14 of this Complaint. 16. Plaintiff does not have sufficient funds to pay the counsel fees, costs and expenses incidental to this action. 17. Defendant is well able to pay Plaintiffs counsel fees, costs and expenses incidental to this matter. 18. Plaintiff requests this Court to grant her counsel fees, costs and expenses incidental to this action. COUNT III CLAIM FOR ALIMONY UNDER SECTION 3701 OF THE DIVORCE CODE 19. Plaintiff hereby incorporates by reference all of the averments contained in paragraphs 1 through 18 of this Complaint. 5 0 20. Plaintiff does not have a sufficient source of income or earning capacity at the present time to maintain the standard of living enjoyed by the parties during their marriage. 21. Defendant does have a sufficient source of income and earning capacity to aid Plaintiff in maintaining the standard of living enjoyed by the parties during their marriage. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a Decree: a. dissolving the marriage between the Plaintiff and Defendant; and b. directing the Defendant to pay alimony pendente lite to Plaintiff; and c. directing the Defendant to pay Plaintiff s counsel fees and expenses incidental to this divorce action; and d. granting alimony to Plaintiff; and e. for such further relief as the Court may determine to be equitable and just. S c Dated: U Pdtricia J. Rom , Esquire 4711 Locust L 7'e Harrisburg, PA 17109 (717) 657-0632 Id. No. 88161 6 1 0 VERIFICATION I verify that the statements made in the foregoing are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. By C L-I - (0 ayt4l--Ef A Cheri D. Fortenberry Date: ?! v?? CERTIFICATE OF SERVICE AND NOW, this J V day of 4-C11- 2010, I, Katherine A. Frey, Secretary to Patricia J. Romano, Esquire, Attorney for the Plaintiff, hereby certify that a copy of the within document has been served, by depositing a copy of the same in the United States mail, first class, postage prepaid, delivery at Harrisburg, Pennsylvania, to the following addressee: Lee M. Fortenberry, Sr. 115 Hillside Road Mechanicsburg, PA 17050 Defendant By _. - I A atherine A. Frey CHERI D. FORTENBERRY, THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION -DIVORCE NO. 10-1828 CIVIL TERM LEE M. FORTENBERRY, SR., IN DIVORCE ,,.,, Defendant/Respondent : ~ ~° PACSES NO: 409111544 z ~ ~ ~ L ~ < ~-` ~ --+ ORDER OF COURT ~~ AND NOW, this 24th day of March, 2010, upon consideration of the Petition for Alimony P~+dent~,ite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R. J. Shadday on Aaril 15, 2010 at 1:30 P.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 1910.11© (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 Patricia J. Romano, Esq. Date of Order: March 24, 2010 BY THE COURT, M. L. Ebert, Jr.., J ge 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) 249-31 tib cc361 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION CHERI D . FORTENBERRY ) Docket Number 10 -1828 CIVIL Plaintiff ) vs. ) PACSES Case Number 409111544 LEE M. FORTENBERRY ) Defendant ) Other State ID Number ORDER TO CREDIT ARREARS AND NOW, on this 14TH DAY of MAY, 201o IT IS HEREBY ORDERED that credit be given on the above captioned case in the amount of $ 3 ,164.00 There ®is ~ is not an agreement of the parties to the credit. This credit is for: ® Direct Payments. ® Purchases made or services performed by the Defendant on behalf of the Plaintiff or children. ^ Time children resided with the Defendant as agreed upon by parties, or addressed in a partial custody order for the following time periods: From to From to c ° Q From to ~ t ^ Other: Plaintiff Defendant 14TH DAY OF MAY, 2010 Date Service Type M BY THE COURT: ~°~. ~ ,,a;_ f ~' ._ '~ K.. 'V r: _~' ~ ,e? ,-_ `~ ~- tV Date Date `;; ~; ~ r-~ E`~- -~ m ~s`cf- er=r JUDGE Form FI-002 Rev.l Worker ID 21205 Patricia J. Romano, Esquire 4711 Locust Lane Harrisburg, PA 17109 717-657-0632 Id. No. 88161 Attorney for Plaintiff r ;~ y ii f~ ~ r T ~ r - - ~5.1-i `~ 2~! ~ ~ Jr~~ ~6 aN9 I~ 26 ~LJ~:aP .....I:\ ty Y, CHERI D. FORTENBERRY, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 10-1828 LEE M. FORTENBERRY, SR., :CIVIL ACTION -LAW Defendant : IN DIVORCE PRAECIPE TO ADD COUNT TO DIVORCE COMPLAINT TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Kindly add a Count for Equitable Distribution under Section 3502 of the Divorce Code to the Divorce Complaint that was filed on Mazch 12, 2010. Respectfully Submitted, c Dated: ~ 21 Patricia J. Romano quire 4711 Locust Lane Harrisburg, PA 17 09 (717) 657-0632 Id. No. 88161 ~ 3A .so Pu A-r,-~ ~`~ ~a~ ~,~ d~s~80 1 ~ lax ~:-; . -~ ,.~-.:., - _. :f:. L~ C~ t :..~ U~` ~"~ r t_~' ~ v .Ld~O ~~ l'I 19/11 8.~ r ,. v~ _ _ ., _~°~~i~~ ., ~ .. CHERI D. FORTENBERRY, Plaintiff vs. LEE M. FORTENBERRY, SR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 2010-1828 CIVIL TERM IN DIVORCE ORDER OF COURT AND NOW this ~ 6~` day of Q ugJS~ , 2010, upon consideration of the attached Petition to Dismiss, a Rule is hereby issued upon the Plaintiff to show cause, if any she has, why the relief requested in the Petition shall not be granted and this action shall not be dismissed if she fails to file her Affidavit of Consent with this Court within twenty (20) days of the date of service of this Order. The Rule shall be served upon Plaintiff s counsel of record and shall be returnable 'l~ ~ days from date of service. BY THE COURT, ~~ DISTRIBUTION: Patricia J. Romano, Esquire (Attorney for Plainti 4711 Locust Lane, Harrisburg, PA 17109 ,/ Samuel L. Andes, Esquire Attorne for Defendant ( Y ) 525 North 12~' Street, P.O. Box 168, Lemoyne, PA 17043 g~~i~~~ P Patricia J. Romano, Esquire 4711 Locust Lane Harrisburg, PA 17109 717-657-0632 Id. No. 88161 Attorney for Plaintiff ALED-0IE ^c T p ^'•^RY lu ftV&_DJ PAA,A OWBEFh..AN (;JUNTY PENNSYLVANIA CHERI D. FORTENBERRY, Plaintiff V. LEE M. FORTENBERRY, SR., Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 10-1828 : CIVIL ACTION - LAW : IN DIVORCE COUNTER-AFFIDAVIT UNDER SECTION 3301(C) OF THE DIVORCE CODE I wish to claim economic relief which may include alimony, division. of property, lawyer's fees or expenses or other important rights. I have filed my economic claims with the Prothonotary in writing and served them on the other party. I verify that the statements made in this Counter-Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: ? _ (,) Ar-t-1 i, Cheri D. Fortenberry J 1?v NOTICE: IF YOU DO NOT WISH TO CLAIM ECONOMIC RELIEF, YOU SHOULD NOT FILE THIS COUNTER-AFFIDAVIT. CERTIFICATE OF SERVICE AND NOW, thisa_ day of 2010, I, Katherine A. Frey, Secretary to Patricia J. Romano, Esquire, Attorney for the Plaintiff, hereby certify that a copy of the within document has been served, by depositing a copy of the same in the United States mail, first class, postage prepaid, delivery at Harrisburg, Pennsylvania, to the following addressee: Samuel L. Andes, Esquire 525 North Twelfth Street P.O. Box 168 Lemoyne, PA 17043 Attorney for Defendant Katherine A. Frey FILFl}{)?E n? T ?-- f " -- . MApy Patricia J. Romano, Esquire 4711 Locust Lane Harrisburg, PA 17109 717-657-0632 Id. No. 88161 Attorney for Plaintiff 3: CUMBE:."L'*ki"4Lb ?CUNW PENNSYLVANIA CHERI D. FORTENBERRY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. 10-1828 LEE M. FORTENBERRY, SR., : CIVIL ACTION - LAW Defendant : IN DIVORCE PLAINTIFF'S ANSWER TO DEFENDANT'S PETITION TO DISMISS 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Denied. It is denied that Plaintiff has done nothing to advance this case or its resolution. To the contrary, on July 26, 2010, Plaintiff added a count for Equitable Distribution to the Divorce Complaint. Pa. R.C.P 1920.33(a) gives the parties ninety days from filing to file an Inventory. Further, the Divorce Complaint of March 12, 2010, includes counts for alimony and counsel fees, neither of which have been addressed; therefore, Plaintiff can not execute an Affidavit of Consent, waiving her rights to these claims. Further, Defendant manages and controls all the major marital assets, and Plaintiff will rely primarily on his Inventory and valuation documentation. Defendant has not yet provided Plaintiff all the information she has requested to complete discovery; therefore, a request for a Master is premature. 6. Admitted in part and denied in part. Plaintiff admits that Defendant's counsel requested execution of the waiver, but denies that declining to waive her rights to economic claims in any way impedes the resolution of the economic issues and conclusion of the divorce. Plaintiff knows of no rule that requires her to waive her economic claims in order for a master to be appointed. 7. Denied. It is denied that under the law of Pennsylvania, a party seeking or receiving alimony pendente lite in a divorce action may not be permitted to withhold her consent to the divorce so it can proceed to resolution. Defendant misinterprets the holding in Hoffman. In Hoffman, a Master's Hearing had been conducted and the economic claims resolved before the parry receiving alimony pendent lite was required to sign an Affidavit of Consent. Hoffman v. Hoffman, 504 A.2d 356, 357 (Pa. Super. 1986). See also Teribery v. Teribe , 316 A.2d 33, 34 (Pa. Super 1986) (economic claims resolved by Master prior to requirement of consent to divorce). 8. Admitted in part and denied in part. Plaintiff admits that she is receiving alimony pendente lite, but denies that her refusal to be coerced into waiving her economic 2 claims prevents resolution of this case. On the contrary, Plaintiff has attempted to cooperate with Defendant toward settlement of these claims so that the divorce may be concluded. 9. Admitted. 10. Admitted. WHEREFORE, Plaintiff, files a Counter-Affidavit, preserving her economic claims, and requests that this Honorable Court deny Defendant's Petition to Dismiss, and allow this matter to proceed in accordance with the laws of Pennsylvania and the Pennsylvania Rules of Civil Procedure. Respectfully Submitted, Id. No. 88161 Dated: 31?4`jo 3 Harrisburg, PA 17109 717-657-0632 CERTIFICATE OF SERVICE AND NOW, this Irday of Atrj? , 2010, I, Katherine A. Frey, Secretary to Patricia J. Romano, Esquire, Attorney for the Plaintiff, hereby certify that a copy of the within document has been served, by depositing a copy of the same in the United States mail, first class, postage prepaid, delivery at Harrisburg, Pennsylvania, to the following addressee: Samuel L. Andes, Esquire 525 North Twelfth Street P.O. Box 168 Lemoyne, PA 17043 Attorney for Defendant r 1 By: therine A. Frey -r j ,D 5fF I ,,Q-M I I ul PaiNS:YLVAN A CHERI D. FORTENBERRY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. LEE M. FORTENBERRY, SR., Defendant CIVIL ACTION - LAW NO. 10-1828 IN DIVORCE DEFENDANT'S MOTION FOR HEARING AND NOW comes the above-named Defendant, by his attorney, Samuel L. Andes, and moves the court for a hearing on his Petition to Dismiss the Complaint in this matter, based upon 'i the following: 1. The moving party herein is the Defendant. The responding party herein is the Plaintiff. 2. Defendant filed a Petition to Dismiss this action on the basis that Plaintiff, after receiving an order for alimony pendente lite, has declined to sign and file a Consent or otherwise proceed with the divorce action. 3. This court issued a Rule to Show Cause on Defendant's Petition to Dismissed, the Rule was served upon Plaintiff's counsel, and Plaintiff has now filed an Answer to the Petition to Dismiss. 4. The pleadings with regard to Defendant's Petition to Dismiss are closed and neither party has requested or suggested any discovery. The matter is ripe for decision by this court. 5. Prior orders in the case have been entered by the Honorable M.L. Ebert, Judge. 6. Plaintiff has advised Defendant, through Plaintiffs counsel, that she does not concur in Defendant's request for a hearing on his Petition to Dismiss. WHEREFORE, Defendant moves this court to schedule a hearing on his Petition to Dismiss and, after hearing, to determine and decide the issues raised 'in that Petition. - ) - ?470 cr, Samuel-L. Andes Attorney for Defendant Supreme Court ID # 17225 525 North 12th Street P.O. Box 168 Lemoyne, Pa 17043 (717) 761-5361 li CERTIFICATE OF SERVICE i ! I hereby certify that I served an original of the foregoing document upon counsel for the Plaintiff herein by regular mail, postage prepaid, addressed as follows: Patricia J. Romano, Esquire 4711 Locust Lane Harrisburg, PA 17109 Date: 7 September 2010 Amy arkins cretary for Samuel L. Andes 44 SEP 161010 20Ms?-N 17 Pm r CUMBERIAN 0-VIKX PENN;. CHERI D. FORTENBERRY, Plaintiff vs. LEE M. FORTENBERRY, SR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 10-1828 IN DIVORCE ORDER OF COURT AND NOW this day of )L4,? , 2010, a hearing is hereby scheduled, to be held before the undersigned in Court Room No. of the Cumberland County Courthouse in Carlisle, Pennsylvania, commencing at c2.90 o'clock m. on the S day of ?6le,&--r 2010 on Defendant's Petition to Dismiss. BY THE COURT, J. Distribution: ? Patricia J. Romano, Esquire (Attorney for Plaintiff) 4711 Locust Lane, Harrisburg, PA 17109 Samuel L. Andes, Esquire (Attorney for Defendant) 525 North 12 th Street, P.O. Box 168, Lemoyne, Pa 17043 ~a~ ~~ -~F~IC~. Gr P'~U ~'F~u~ ~~0"10~A~ Patricia J. Romano, Esquire 4711 Locust Lane Harrisburg, PA 17109 717-657-0632 Id. No. 88161 Attorney for Plaintiff 214 5~~' 2~ P 3. ~ 4 L;UI~irP~21SYLVAN p TY CHERI D. FORTENBERRY, Plaintiff v. LEE M. FORTENBERRY, SR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-1828 CIVIL ACTION -LAW IN DIVORCE PLAINTIFF'S PRELIMINARY OBJECTIONS TO DEFENDANT'S MOTION FOR HEARING TO: Samuel L. Andes, Esquire 525 North Twelfth Street P.O. Box 168 Lemoyne, PA 17043 Attorney for Defendant NOTICE TO PLEAD YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED PRELIMINARY OBJECTIONS WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. AND NOW, comes the Plaintiff, Cheri D. Fortenberry, by and through her attorney, Patricia J. Romano, Esquire, and preliminarily objects to Defendant's Motion for Hearing on Defendant's Petition to Dismiss the Complaint in Divorce as follows: 1. On March 12, 2010, Plaintiff filed a Complaint in Divorce that included counts for alimony and counsel fees (Exhibit A). 2. On July 26, 2010, Plaintiff filed a Praecipe to Add a Count for Equitable Distribution (Exhibit B). 3. These economic issues have not been settled between the parties. 4. Plaintiff has declined to sign an Affidavit of Consent and Waiver of Notice of Intention to Request Entry of a Divorce Decree until the economic issues between the parties are resolved. 5. Defendant seeks to have the Complaint in Divorce dismissed after hearing (Exhibit C). 6. Defendant has stated no claim upon which he can be granted the relief he seeks. There is no Pennsylvania Statute, Rule of Civil Procedure, or case law that would enable a court to dismiss a Divorce Complaint because a party will not consent to the divorce prior to a determination of the economic issues. 7. Defendant has also failed to exercise the statutory remedy of filing a Motion for Appointment of a Master, in accordance with Pa. R.C.P. 1920.51, to refer the economic issues to a Divorce Master for resolution. 8. A hearing before a Divorce Master would serve to advance this case to conclusion, Defendant's stated objective. 2 9. A heazing before this Honorable Court will serve only to delay the process. A dismissal of the Complaint will necessitate the judicial and economic inefficiency of refiling of the Complaint, including the unresolved economic counts. WHEREFORE, Plaintiff requests that Defendant's Motion for Hearing be denied, and this matter be allowed to proceed in accordance with Pennsylvania Statutes and Rules of Civil Procedure. Respectfully Submitted, . ~ Patricia J. Rom 4711 Locust L~ Harrisburg, PA ir7109 717-657-0632 Id. No. 88161 Dated: 3 . I ~~.,~ F/m~ 1 ( ~ ~1 _~ - ~ ~_° Patricia J. Romano, Esquire - - rv -~- ~.' 4711 Locust Lane -_ - ` ~'-='_- Harrisburg, PA 17109 ~-' - - 717-657-0632 '` - - '-r-' ` +~` - ~-' -, Id. No. 88161 ~ r=' ° cr: Attorney for Plaintiff CHERI D. FORTENBERRY, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA LEE M. FORTENBERRY, SR, :CIVIL ACTION -LAW Defendant : 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 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, Carlisle, PA. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE OR ANl~T[JLMENT 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 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 . ~,. NOTICIA ~~ Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted nose defiende, la corte tomara medidas y puede entrar una Orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion do demanda. Usted puede perder dinero o sus propiedades o otros derechos importanates para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARR AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (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 assessable facilities and reasonable accommodations available to disable individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled conference or hearing. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 2 ~' Patricia J. Romano, Esquire 4711 Locust Lane Hamsburg, PA 17109 717-657-0632 Id. No. 88161 Attorney for Plaintiff CHERI D. FORTENBERRY, Plaintiff v. LEE M. FORTENBERRY, SR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION -LAW IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c~ OR SECTION 3301{dl OF THE DIVORCE CODE AND NOW comes the above Plaintiff, Cheri D. Fortenberry, by and through her attorney, Patricia J. Romano, Esquire, and seeks to obtain a decree in divorce from the above- named Defendant, upon the grounds hereinafter set forth: 1. The Plaintiff, Cheri D. Fortenberry, is an adult individual whose current mailing address is 5474 Poverty Hollow Road, Fort Lawn, South Carolina, 29714. 2. The Defendant, Lee M. Fortenberry, Sr., is an adult individual who resides at 115 Hillside Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 3. The Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least six (6) months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on 8/23/86. 3 ' /"~'° 5. Plaintiff avers that there are two children to the parties, who are emancipated. 6. The Plaintiff and Defendant are both citizens of the United States of America. 7. There have been no prior actions in divorce between the parties. 8. The Plaintiff and Defendant are not members of the Armed Services of the United States or any of its allies. 9. Plaintiff has been advised of the availability of counseling and that she may have the right to request that the Court require the parties to participate in counseling. 10. The causes of action and sections of Divorce Code under which Plaintiff is proceeding are: A. Section 3301(c). The marriage of the parties is irretrievably broken. After ninety (90) days have elapsed from the date of the service of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an Affidavit. B. Section 3301(d). The marriage of the parties is irretrievably broken. The Plaintiff and Defendant separated on 9/13/09 COUNTI CLAIM FOR ALIMONY PENDENTE LITE UNDER SECTION 3702 OF THE DIVORCE CODE 11. Plaintiff hereby incorporates by reference all of the averments contained in paragraphs 1 through 10 of this Complaint. 4 ~~~ 12. Plaintiff does not have sufficient funds to support herself during the pendency of this action. 13. Defendant is well able to pay support to Plaintiff. 14. Plaintiff requests this Court to grant her alimony pendente lite. COUNT II CLAIM FOR COUNSEL FEES. COSTS AND EXPENSES UNDER SECTION 3702 OF THE DIVORCE CODE 15. Plaintiff hereby incorporates by reference all the averments contained in paragraphs 1 through 14 of this Complaint. 16. Plaintiff does not have sufficient funds to pay the counsel fees, costs and expenses incidental to this action. 17. Defendant is well able to pay Plaintiffs counsel fees, costs and expenses incidental to this matter. 18. Plaintiff requests this Court to grant her counsel fees, costs and expenses incidental to this action. COUNT III CLAIM FOR ALIMONY UNDER SECTION 3701 OF THE DIVORCE CODE 19. Plaintiff hereby incorporates by reference all of the averments contained in paragraphs 1 through 18 of this Complaint. 5 20. Plaintiff does not have a sufficient source of income or earning capacity at the present time to maintain the standard of living enjoyed by the parties during their marriage. 21. Defendant does.have a sufficient source of income and earning capacity to aid Plaintiff in maintaining the standard of living enjoyed by the parties during their marriage. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a Decree: a. dissolving the marriage between the Plaintiff and Defendant; and b. directing the Defendant to pay alimony pendente lite to Plaintiff; and c. directing the Defendant to pay Plaintiff s counsel fees and expenses incidental to this divorce action; and d, granting alimony to Plaintiff; and e. for such further relief as the Court may determine to be equitable and just. l~ Dated: <v 6 Harrisburg, PA 17109 (717) 657-0632 Id. No. 88161 - ' r l VERIFICATION ~~ I verify that the statements made in the foregoing are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. By: Cheri D. Fortenberry Date: .~ ~~~ ~~~ EXHIBIT B ~, Patricia J. Romano, Esquire 4711 Locust Lane Harrisburg, PA 17109 717-657-0632 Id. No. 88161 Attorney for Plaintiff CHERI D. FORTENBERRY, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-1828 c ., ~-.~ c- LEE M. FORTENBERRY, SR., :CIVIL ACTION -LAW _ == ~' .~ Defendant : IN DIVORCE ,~ PRAECIPE TO ADD COUNT TO DIVORCE COMPLAINT "~ r~.; c:~ ~ ~._ TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: °'` Kindly add a Count for Equitable Distribution under Section 3502 of the Divorce Code to the Divorce Complaint that was filed on March 12, 2010. Respectfully Submitted, _. ~ Dated: ~ ~ i Patricia J. Romano quire 4711 Locust Lane Harrisburg, PA 17 09 (717) 657-0632 Id. No. 88161 ~ ~ ~~ ~' ~~' CHERI D. FORTENBERRY, Plaintiff vs. LEE M. FOR'i'ENBERRY, SR., Defendant IN TIC COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVA1~iIA CIVIL ACTION -LAW NO. 10-1828 IN DIVORCE ORDER OF COURT AND NOW this day of , 2010, a hearing is hereby scheduled, to be held before the undersigned in Court Room No. of the Cumberland County Courthouse in Carlisle, Pennsylvania, commencing at o'clock .m. on the day of 2010 on Defendant's Petition to Dismiss. BY THE COURT, J. Distribution: Patricia J. Romano, Esquire (Attorney for Plaintiff) 4711 Locust Lane, Harrisburg, PA 17109 Samuel L. Andes, Esquire (Attorney for Defendant) 525 North 12~' Street, P.O. Box 168, Lemoyne, Pa 17043 II ` _w/ .~7 CHERI D. FORTENBERRY, Plaintiff vs. ° LEE M. FORTENBERRY, SR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 10-1828 IN DIVORCE DEFENDANT'S MOTION FOR HEARING AND NOW comes the above-named Defendant, by his attorney, Samuel L. Andes, and moves the court for a hearing on his Petition to Dismiss the Complaint in this matter, based upon the following: 1. The moving party herein is the Defendant. The responding party herein is the Plaintiff. 2. Defendant filed a Petition to Dismiss this action on the basis that Plaintiff, after receiving an order for alimony pendente lite, has declined to sign and file a Consent or.otherwise proceed with the divorce action. 3. This court issued a Rule to Show Cause on Defendant's Petition to Dismissed, the Rule was served upon Plaintiff's counsel, and Plaintiff has now filed an Answer to the Petition to Dismiss. 4. The pleadings with regard to Defendant's Petition to Dismiss are closed and neither party has requested or suggested any discovery. The matter is ripe for decision by this court. 5. Prior orders in the case have been entered by the Honorable M.L. Ebert, Judge. 6. Plaintiff has advised Defendant, through Plaintiff s counsel, that she does not concur in Defendant's request for a hearing on his Petition to Dismiss. WHEREFORE, Defendant moves this court to schedule a hearing on his Petition to Dismiss and, after hearing, to determine and decide the issues raised in that Petition. Samue .Andes Attorney for Defendant Supreme Court ID # 17225 525 North 12~' Street P.O. Box 168 Lemoyne, Pa 17043 (717) 761-5361 7 CERTIFICATE OF SERVICE I hereby certify that I served an original of the foregoing document upon counsel for the Plaintiff herein by regular mail, postage prepaid, addressed as follows: Patricia J. Romano, Esquire 4711 Locust Lane Harrisburg, PA 17109 Date: 7 September 2010 , Amy arlcins cretary for Samuel L. Andes CERTIFICATE OF SERVICE () ~~ AND NOW, this P" day of 2010, I, Katherine A. Frey, Secretary to Patricia J. Romano, Esquire, Attorney for the Plaintiff, hereby certify that a copy of Plaintiff s Preliminary Objections to Defendant's Motion for Hearing has been served, by depositing a copy of the same in the United States mail, first class, postage prepaid, delivery at Harrisburg, Pennsylvania, to the following addressee: Samuel L. Andes, Esquire 525 North Twelfth Street P.O. Box 168 Lemoyne, PA 17043 Attorney for Defendant By: r atherine A. Frey CHERI D. FORTENBERRY, Plaintiff vs. LEE M. FORTENBERRY, SR., Defendant TO PLAINTIFF NAMED HEREIN: IN THE COURT ( Ow6 -; PLEAS OF CUMBERL Dt?; COUNTY, PENNSYLVANIA' CIVIL ACTION - LAW NO. 10-1828 IN DIVORCE NOTICE YOU ARE HEREBY NOTIFIED TO RESPOND TO THE ENCLOSED ANSWER AND NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. Date: 24 September 2010 Samuel L. Andes Attorney for Defendant Supreme Court ID 17225 525 North 12th Street P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 CHERI D. FORTENBERRY, Plaintiff vs. LEE M. FORTENBERRY, SR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 10-1828 IN DIVORCE DEFENDANT'S ANSWER TO PLAINTIFF'S PRELIMINARY OBJECTIONS TO DEFENDANT'S MOTION FOR HEARING AND NOW comes the above-named Defendant, and makes the following Answer to Plaintiff's Preliminary Objections: I through 4. Admitted. 5. It is admitted that Defendant seeks to have the divorce action dismissed because Plaintiff, who is receiving a substantial benefit from the divorce action in the form of alimony pendente lite, has refused to proceed with the action or to file her consent so that Defendant can proceed with the action. The document attached to Plaintiff's Preliminary Objection, however, is not the Petition to Dismiss which Defendant filed but is simply a copy of the Motion for a Hearing Defendant filed after Plaintiff had filed her Answer to his Petition to Dismiss. 6. Denied. Appellate case law in Pennsylvania makes it clear that a plaintiff who is receiving benefit from a divorce action, such as receiving alimony pendente lite, must proceed with the divorce action and, when they fail to do so, the defendant has the right to have the divorce action dismissed. Hoffman vs. Hoffman, 504 A2d 356 (Pa. Super; 1986). 7. Denied. Defendant cannot seek the appointment of a master until the grounds for divorce have accrued and, because Plaintiff has refused to file an Affidavit of Consent and the parties have not been separated for two years or more, the grounds have not approved. Moreover, Plaintiff, who initiated this action and who is receiving substantial benefit from it in the form of alimony pendente lite, has not requested the appointment of a master. Until Plaintiff files her Consent, the matter cannot proceed before the master. 8. A hearing before the master would advance the case but the master's proceedings take as much as a year and Plaintiff has already delayed the conclusion of this case by her refusal to file a Consent so the case can proceed. At this point, Defendant's objective is to have the case dismissed because of Plaintiff's conduct. 9. Denied. Defendant is entitled to have this case dismissed so that the alimony pendente lite payment can cease. Forcing Defendant to pay alimony pendente lite in the amount of $5,400.00 per month, while Plaintiff delays the resolution of the case by her conduct, is unjust and is contrary to both the spirit and letter of the divorce Code and the appellate law of Pennsylvania. Plaintiff, who has been residing with her boyfriend, has forfeited her right to alimony after the divorce is final and her intention and purpose now is to delay the resolution of this case as long as possible so that she can continue to receive alimony pendente lite while she delays the case. The most beneficial and efficient use of judicial time is for the court to schedule a hearing on Defendant's Petition to Dismiss so these matters can be resolved properly and Plaintiff's unreasonable delay terminated. WHEREFORE, Defendant prays this court to deny Plaintiff s Preliminary Objections and schedule a hearing on Defendant's Petition to Dismiss. NEW MATTER By way of further answer to Plaintiffs Preliminary Objections, Defendant sets out the following New Matter: 10. Pa. R.C.P. 1028 sets forth the grounds for Preliminary Objections and expressly states that Preliminary Objections are limited to those grounds. 11. Plaintiffs Preliminary Objections do not state any of the grounds, or state any facts which would support any of the grounds, for Preliminary Objections listed in Pa. R.C.P. 1028. 12. Pa. R.C.P. 1028 does not set forth any ground for the court to deny a parry a hearing. The grounds listed in said Rule apply only to procedural matters and not to matters of substance that can be resolved at a hearing. 13. As a result of the above, Plaintiff's Preliminary Objections are invalid and should be stricken so this matter can proceed on Defendant's Petition to Dismiss. Samuel L. Andes Attorney for Defendant Supreme Court ID # 17225 525 North 12t' Street P.O. Box 168 Lemoyne, Pa 17043 (717) 761-5361 CERTIFICATE OF SERVICE I hereby certify that I served an original of the foregoing document upon counsel for the Plaintiff herein by regular mail, postage prepaid, addressed as follows: Patricia J. Romano, Esquire 4711 Locust Lane Harrisburg, PA 17109 Date: 24 September 2010 Amy arkins cretary for Samuel L. Andes 2 ORDER OF COURT AND NOW, this ~~- day of 2010, upon review ofthe attached Patricia J. Romano, Esquire 4711 Locust Lane Harrisburg, PA 17109 717-657-0632 Id. No. 88161 Attorney for Plaintiff OCT' 0 4,2~9tQ CHERI D. FORTENBERRY, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 10-1828 LEE M. FORTENBERRY, SR., :CIVIL ACTION -LAW Defendant : IN DIVORCE Motion for Continuance, it is hereby ORDERED that the October 15, 2010 hearing shall be rescheduled to the ~o D`'~Clay of ~~?,~ , 2010 at 3 ~~P9 ~ o'clock ~.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT: M.L. Ebert, Jr., Judge Distribution: ~~, `~ ' _. ~, ~-"~ -~j --~ '~ Patricia J. Romano, Esq., 4711 Locust Lane, Harrisburg, PA 17109 ' '_4 C:::d .~,. i 'l =-~- =J P~ C -~ ~. ~~ ~ ~ ~ / Lee M. Fortenberry, Sr., 115 Hillside Road, Mechanicsburg, PA 17050 '':~~ ' +=~ b ._; Patricia J. Romano, Esquire 4711 Locust Lane Harrisburg, PA 17109 717-657-0632 Id. No. 88161 Attorney for Plaintiff FILED OFFK'E OF TNI; PRoTHoll~orrR-Y o~o1D OCT !I . ~ ~a b~ CHERI D. FORTENBERRY, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 10-1828 LEE M. FORTENBERRY, SR., :CIVIL ACTION -LAW Defendant : IN DIVORCE PLAINTIFF'S ANSWER TO DEFENDANT'S NEW MATTER 10. Averment of law to which no response is required; therefore, denied. 11. Denied. It is denied that Plaintiffls Preliminary Objections do not state any of the grounds, or state any facts which would support any of the grounds, for Preliminary Objections listed in Pa.R.C.P. 1028.. Byway of further explanation: (a} Pa. R.C.P. 1028(a)(3) states that Preliminary Objections maybe filed for legal insufficiency of a pleading. The facts that Defendant avers do not support the legal remedy he requests the Court to grant. There is no Pennsylvania Statute, Rule of Civil Procedure, or case law (the case law Defendant cites does not support his position) that permits the Court to dismiss a Complaint for Divorce because a party will not sign a Consent prior to settling the economic issues. .. 1 (b) Pa. R.C.P. 1028(a)(7) states that Preliminary Objections may be filed for failure to exercise or exhaust a statutory remedy. Pa. R.C.P 1920.51(a)(1) provides for the appointment of a Master upon motion of either party. If Defendant is dissatisfied with the progress of the parties in resolving the economic issues,'the appropriate statutory remedy is to file a motion for the appointment of a Master. 12. Plaintiff filed a Praecipe to Amend Pleading to clarify this averment. 13. No response is required and therefore denied. WHEREFORE, Plaintiffrespectfully requests this Honorable Court deny Defendant's Petition to Dismiss based upon the Preliminary Objections that Plaintiff has raised. Respectful) u itt d, ~ ~ G ~~ ~~ ~ '~ Dated: Pa~xicia J. Romano, E qui 4711 Locust Lane r Harrisburg, PA 17 9 717-657-0632 Id. No. 88161 2 CHERI ~'ORTENBERRY, Plaintiff ~I LEE M. FORTENBERRY, SR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . 10-1828 CIVIL TERM ~~ ~ C ..g ~ ~ IN DIVORCE mry~- ~~ ~ cn~° yv :~F n IN RE: PETITION TO DISMISS ~> ~ ~? ~, ~ t,~ ORDER OF COURT~"~ `'" ~,; w AND NOW, this 20th day of October, 2010, upon considl~ration of the defendant's Petition to Dismiss and after '-t --~s E i~ .~~ ~~ `~" ~ -~ ~~ --i r~-r oral a~'gument in chambers with counsel, IT IS HEREBY ORDERED AND I~ DIRECT~D that the defendant's Petition to Dismiss is denied. IT IS FURTHER ORDERED AND DIRECTED that the Divorce Master is hereby appointed to hear this case. It is directed that the hearing in this matter be held within six months of today'i~ date. IT IS FURTHER ORDERED AND DIRECTED that at the time of the presentation of this matter to the Divorce Master, the plaintiff shall file the Affidavit of Consent necessary to proceed in this matter. Both counsel are advised that should any delay occur in the resolution of the economic disputes in regard to this divorce, this court will entertain a Petition for Special Relief. By the Court, M. L. ert, Jr., Patric~la Romano, Esquire For th Plaintiff - (~~lNd-~e,~iY~ered to~a~~lo SamuelllL. Andes, Esquire For the Defendant~~ !~~-r-d~ del;Ver~ IdI~O~I~ Divorce Master :mtf v Patricia,(. Komano, l~:s~uire ~? 1.1 l.,crcust I.,ane Harrisburg, PA 1.7109 717-b>~-or.~< 1cf. ~o. sxltsl ;lttorney fc~r Plaintiff FILE~-Q~FlC~ 0~ TF~~ ~'~~~Tf~Ot~OT~RY 201fl 0~ E ~6 ~ l2~ 53 CCltr~ ~l_~'4!t~ CO1J~~TY ~'~.r~i~S`1'L~'r,~lA CHF..RI D. F()RTENBERRY, :1N THE CUtJRT t)F COM:'~ION PLEAS Ptaintiff : CGIVIBERLAND CO[NTY, PENNSYLYANtA y, : NO. 10-1.828 LEE 'l~1. FORTENBERRY, S~R., : CIVIL ACTION - i,AW Defendant : 1N DI`'ORCE INVENTORY UNDER R[LE 1920.33 Ptaintitf, Cheri U. F'ortenberry, files the follgwing inventory ofall property owned+~r possessed by either party at the time this action was commenced and all property transferred within the preceding three years. Plaintiff verities that the; statements made in this inventory are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 491)4 relatint; to uns~w•arn falsitication to authorities. ,,,,ll C 1 LJrJ ~/~- f.)ate: ~~ ~~ GtJ tiy~: Cheri I). Fortenberry ASSETS OF PARTIES PLAINTIFF MARKS ON THE LIST BELOW THOSE ITEMS APPLICABLE TO THE CASE AT BAR AND ITEMIZES THE ASSETS ON THE FOLLOWING PAGES. (X) 1. Real Property (X) 2. Motor Vehicles (X) 3. Stocks, bonds, securities and options () 4. Certificates of Deposit (X) 5. Checking accounts, cash (X) 6. Savings accounts, money mazket and savings certificates () 7. Contents of safe deposit box(s) () 8. Trusts (X) 9. Life insurance policies (indicate face value, cash surrender value and current beneficiazies) () 10. Annuities () 11. Gifts () 12. Inheritances () 13. Patents, copyrights, inventions, royalties () 14. Personal property outside the home () 15. Businesses (list all owners, including percentage of ownership, and officer/director positions held by a party with company) () 16. Employment termination benefits -severance pay, worker's compensation claim/award () 17. Profit sharing plans (X) 18. Pension plans (indicate employee contribution and date plan vests) (X) 19. Retirement plans, Individual Retirement Accounts () 20. Disability payments () 21. Litigation claims (matured and unmatured) () 22. Military/V.A. benefits () 23. Education benefits (X) 24. Debts due, including loans, mortgages held () 25. Household furnishings and personalty (include as a total category and attach itemized list if distri- bution of such assets is in dispute) () 26. Other MARITAL PROPERTY PLAINTIFF LISTS ALL MARITAL PROPERTY IN WHICH EITHER OR BOTH SPOUSES HAVE A LEGAL OR EQUITABLE INTEREST INDIVIDUALLY OR WITH ANY OTHER PERSONAS OF THE DATE OF THE SEPARATION OF THE PARTIES: ITEM NUMBER DESCRIPTION OF PROPERTY NAMES OF ALL OWNERS 1. 1. 2. 2. 3. 5. 5. 5. 9. 9. 18. 19. 115 Hillside Road Mechanicsburg, PA Marriott Timeshares 2002 Lincoln Continental Lincoln Navigator Krispy Kreme Stock PNC Bank Account Wachovia Account Wachovia Account Life Insurance Life Insurance Pension Retirement Husband & Wife Husband & Wife Wife Husband Husband & Wife Husband & Wife Wife Wife, Courtney Fortenberry and Gene Dixon Wife Husband NON-MARITAL PROPERTY PLAINTIFF LISTS ALL PROPERTY IN WHICH A SPOUSE HAS A LEGAL OR EQUITABLE INTEREST WHICH IS CLAIMED TO BE EXCLUDED FROM MARITAL PROPERTY: ITEM NUMBER DESCR~PTIQN REASON FOR QF PROPERTY EXCLUSION PROPERTY TRANSFERRED PLAINTIFF LISTS ALL MARITAL PROPERTY IN WHICH EITHER OR BOTH SPOUSES HAD A LEGAL OR EQUITABLE INTEREST INDIVIDUALLY OR WITH ANY OTHER PERSON AND WHICH HAS BEEN TRANSFERRED WITHIN THE PRECEDING THREE YEARS: ITEM DESCRIPTION ATE F CONSIDER- PERSON TO NUMBER OF PROPERTY TRANSFER ATI N WHOM TRANSFERRED LI~,BILITIES PLAINTIFF LISTS ALL LIABILITIES OF EITHER OR BOTH SPOUSES ALONE OR WITH ANY PERSON AS OF THE DATE OF SEPARATION: ITEM DESCRIPTION NUMBER OF PROPERTY 24. College for Courtney Fortenberry NAMES OF NAMES OF ALL ALL CREDITORS DEBTORS Husband & Wife CERTIFICATE OF SERVICE AND NOW, this c~ ~ day of ~ ~ ~~_ , 2010, I, Katherine A. Frey, Secretary to Patricia J. Romano, Esquire, Attorney for the Plaintiff, hereby certify that a copy of the within document has been served, by depositing a copy of the same in the United States mail, first class, postage prepaid, delivery at Harrisburg, Pennsylvania, to the following addressee: Samuel L. Andes, Esquire 525 North Twelfth Street P.O. Box 168 Lemoyne, PA 17043 Attorney for Defendant ___-- By: 1 Katherine A. Frey Patricia J. lLan~ancr, L.squire 4' i. I I_ti~cust I.,ane 1-larrishttrg, PA 1X09 %t?-~~-0~~.~2 Id.'vo. H$ifit Attorney for PI<tintiff FILET?-OFFICE GF Tt~E ~~~OTI-~O'dOT~1RY a~i~ CST 25 F'~~ 12~ 53 CU~aOL~L~,) COE1e~TY ~~~E'I`~~~'L.4'~+~IIA CHERI D. FORTENBERRY, : IN "I'tiE COURT OF COMMON PLF..AS Plaintiff : CUMBERLAND COUNTY, PENNSYLY:3NIA v. : NO. 10-i.$28 LEE M. FORTENl3ER.RY, SR., :CIVIL ACTION -LAW Defendant : IN DIVORCE PLAINTIFF'S INCOME AND EXPENSE STATEMENT I~DEK RULE 1920.31 l hereby file the Statement of tncame and Expenses required under Rule 1920.31 and verify that the infarmation Therein contained is true and correct to the best of my knawledge, information and belief. 1 understand that false statements herein are made subject to the penalties of I8 Pa. C.S.A. 4904, relating to unsworn falsificatiart to autharitiE:s. / ~ Date: V'~~~U ~ ~ ~"`'' ~- .~L~..___.---._....._.-------..... _ ~. Cheri U. Fartenberry INCOME AND EXPENSE STATEMENT OF CHERID.FORTENBERRY Employer: Office Team Address: 2613 Camino Ramon, San Ramon, CA 94583 Type of Work: Receptionist Payroll Number: 1.01E+09 Pay Period (weekly, bi-weekly, etc): Weekly Gross Pay Per Pay Period: $253.13 Itemized Payroll Deductions: Federal Withholding -$6.66 Social Security -$7.00 Local Wage Tax State Income Tax Unemployment Medicare Tax -$3.67 Retirement (401 k) Fed OASDI/EE -$15.69 Credit Union Life Insurance Health Insurance Pension Contribution Net Pay Per Pay Period: $220.11 Other Income: Monthly Yearly Interest - CD & Bonds Dividends Pension Annuity Social Security Rents 1 , Royalties Expense Account Unemployment Compensaion Workmen's Comp. Gifts Child Support Spousal Support/Alimony TAXES: TOTAL HOME: Mortgage/Rent Maintenance & Lawn Utilities: Electric Gas Oil Sewer Telephone Cell Phone Water Refuse City EMPLOYMENT: Public Transportation $5,500.00 -$820.00 $5,634.00 EXPENSES Monthly $857.00 $100.00 $50.00 $67,608.00 Yearly $10,284.00 $1,200.00 $600.00 $0.00 $0.00 $0.00 $0.00 1 ' Lunch $0.00 TAXES: Real Estate $0.00 Personal Property $0.00 INSURANCE: Homeowners $20.00 $240.00 Automobile(s) $150.00 $1,800.00 Life/Long Term Care $1,034.37 $12,412.44 Accident Health (post-divorce) $700.00 $8,400.00 Other AUTOMOBILES: Payments Fuel (all vehicles) $250.00 $3,000.00 Repairs $200.00 $2,400.00 MEDICAL: Doctor Dentist Orthodontist Hospital Medicine $20.00 $240.00 Special Needs (glasses braces, etc.) EDUCATION: Private School Parochial School College $480.00 $5,760.00 Religious PERSONAL: Clothing $50.00 $600.00 Food $200.00 $2,400.00 Barber/Hair Dresser $70.00 $840.00 Credit Payments Credit Card Charge Accounts Memberships LOANS: Credit Union Line of Credit MISCELLANEOUS: Child Care/Babysitting Papers/Books/Magazines Entertainment Pay TV Vacation Gifts Legal Fees $750.00 $9,000.00 Charitable Contributions Child Support Alimony/Spousal Support Tax Preparation Other TOTAL EXPENSES x4,931.37 559,176.44 CERTIFICATE OF SERVICE AND NOW, this ~~ day of ~C~ ~R-~/~.~ , 2010, I, Katherine A. Frey, Secretary to Patricia J. Romano, Esquire, Attorney for the Plaintiff, hereby certify that a copy of the within document has been served, by depositing a copy of the same in the United States mail, first class, postage prepaid, delivery at Harrisburg, Pennsylvania, to the following addressee: Samuel L. Andes, Esquire 525 North Twelfth Street P.O. Box 168 Lemoyne, PA 17043 Attorney for Defendant _ ~ By Katherine A. Frey b Patricia J. Romano, Esquire 4711 Locust Lane Harrisburg, PA 17109 717-657-0632 Id. No. 88161 Attorney for Plaintiff FILED-U. FiCiE TP?E PR0Tf h)NDi`t `, 2010 DEC 20 PM 1: 59 CUMBERLAND CCUINT'?' PENNSYLVANIA CHERI D. FORTENBERRY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 10-1828 LEE M. FORTENBERRY, SR., : CIVIL ACTION - LAW Defendant : IN DIVORCE PLAINTIFF'S PRETRIAL STATEMENT On behalf of the Plaintiff, Cheri D. Fortenberry, in the above-captioned action, Patricia J. Romano, Esquire does hereby file the following Pretrial Statement for consideration of the Court: BACKGROUND: This was a marriage of twenty-four years that produced two, now emancipated, offspring. Throughout the marriage, Wife was a homemaker. Husband began an affair in 2006 that is continuing at present. As a result of this liaison, Wife left the marriage in September of 2009, and now resides in South Carolina. She is involved in a romantic relationship, but is not cohabiting, as defined by Pennsylvania case law. Wife is currently attending nursing school in order to enable her to support herself in the future. Her main source of income has been alimony pendente lite ASSETS: Attached hereto, please find a listing of the marital assets. There are no assets that Wife believes are non-marital. Because Husband maintained control of the records pertaining to the marital assets, Wife had to rely on him to provide data. Discovery was proceeding informally, and at the suggestion of Husband's counsel, Husband provided information regarding the marital estate directly to Wife; however the information is not complete, and Defendant declines to provide the requested information. Wife hopes that a formal discovery request is not needed, which would delay these proceedings. The attached exhibit notes undocumented valuations and liens. Wife is particularly concerned about the home mortgage. The parties had a conventional home mortgage until, at the suggestion of Husband's paramour, Husband converted the mortgage to a home equity line of credit, over which he exercised sole control. Wife is concerned that monies may have been dispersed to benefit Husband's paramour. Husband has declined to provide data to document mortgage information. EXPERT WITNESSES: Wife does not anticipate calling any expert witnesses at this time, but reserves the right to amend this filing. WITNESSES: Wife expects that only the parties will testify, but may call Husband's paramour, Tina Gunter, to discuss their financial interactions. 2 EXHIBITS: 1. Tuition bills and account statements from Philadelphia University where the parties daughter attended school. 2. Wife's pay stub to establish her present earnings. 3. Statements showing that loans taken against Husband's insurance policy are non-marital. Wife reserves the right to amend this list as data pertaining to the mortgage becomes available. PROPOSED RESOLUTION: Without documentation of the actual value of the marital estate, it is difficult to propose a distribution scheme; however, as a dependent spouse with limited earning capacity, Wife believes she should be awarded 60% of the marital estate and alimony, if the assets are not enough to sustain her in the future. Respectfully Submitted, '6 Patricia J. Ro ano; Z, 4711 Locust pane Harrisburg, A 17109 717-657-0632 Id. No. 88161 Dated: 4- If-[ I 3 F ? w w a A a'' U Ed"' o 0 0 00 NO C? N N N ~ "Cy N 6-S? ?Q z z G o gS g z w ? of 0 0 0 4 0 ° o U ° a a . ?z ?a o 0 0 0 0 0 a w C 0 0 0 0 0 0 p.-. W 0 N 0 N C N Q N 0 N 0 N A n o to ? d d d d d d W p o C) 0 0 cp u U U U U cad .- r. 1 0 1S O O c am' 3 3 d 9? 14 o .? o o ..: ; -d am Cd ? ? ci?x? HUB F?U? F? P F? H W ? Oa 0 z z z z z z z 0 0 z o 0 o ..? Z z z z z z dUCi? z ?z b 0 0 0 0 0 0 0 ? o °o Eo ? o° °o o °0 0 a b z ° o 0 O o o O N O N C N 00 O N I? O N O 4) N Q ? ? ? coy A C4 ? ? N A 00 c, o o °o=d 00 0 ,.a 0 W) tn r- ?' ?.c o vi ? o 0 O al d ? Vim) O 6s N 6?9 N ? M 6q O c? O O N N 69 69 ? i 69 x 69 ?? ? ? a ? ? cd to W Cie) 3 o 3 '? rn a 3 a?i V 4 a? a??i z y rn ti U. N o 0 d z _ Z 0 z' U -4 o o ° o' °o c o c N ??i d z A d x A x C/) N y ti z ? N x pro HZ W c? ? o? c! El pa . O °?M O o o 6s 6 ? z 3 z 0 0 z CA a ° O 0 M a a z z ?o o o a o C C o a G4 C o 0 0 0-4 p H O N N N W o o ° o 0 0 Cf) N N o IL) O 01 V M F- O 6R 69 69 b O ai O bD 421 0 'b O + C6 U2 Q cj 0 0 'V 0 " 0 rW y .d 0. COD U U C .b 0 a N to 0 3 O 5 ?' to 2x ?+0'b o CERTIFICATE OF SERVICE AND NOW, this 0""- day of ?)eNjah' 2010, I, Katherine A. Frey, Secretary to Patricia J. Romano, Esquire, Attorney for the Plaintiff, hereby certify that a copy of the within document has been served, by depositing a copy of the same in the United States mail, first class, postage prepaid, delivery at Harrisburg, Pennsylvania, to the following addressees: E. Robert Elicker, II, Esquire Samuel L. Andes, Esquire Office of the Divorce Master 525 North Twelfth Street 9 North Hanover Street P.O. Box 168 Carlisle, PA 17013 Lemoyne, PA 17043 Divorce Master Attorney for Defendant ByU?? Ka erine A. Frey FILL„ r,..- 6 x,11 FEB 14 AM c?: 42 CHERI D. FORTENBERRY, ) Plaintiff ) vs. ) LEE M. FORTENBERRY, SR., ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2010-1828 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on 12 March 2010 and served upon the Defendant within thirty days thereafter. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of both the filing and service of the complaint. 3. I consent to the entry of a final decree in divorce after service of a Notice of Intention to Request Entry of the Decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Dated: C LEE M. FORTENBERRY, SR. 1L,E0:-0FF1CF `"`?xE PROTHONOTARY U ? CHERID.FORTENBERRY, Plaintiff vs. 2011 FEB 23 AM 11: 34 CUPENNSYLUVANIATY } IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 10-1828 CIVIL TERM LEE M. FORTENBERRY, SR., ) Defendant ) IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on 12 March 2010 and served upon the Defendant within thirty days thereafter. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of both the filing and service of the complaint. I consent to the entry of a final decree in divorce after service of a Notice of Intention to Request Entry of the Decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Dated: CHERI D. FOR -. Patricia J. Romano, Esquire 4711 Locust Lane Harrisburg, PA 17109 717-657-0632 Id. No. 88161 Attorney for Plaintiff i 0M1d0TAP` FI1A --Z P? 3: 33 :ti'sENNSYLVAN11\ GINTY P CHERI D. FORTENBERRY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 10-1828 LEE M. FORTENBERRY, SR.,: CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF SERVICE Patricia J. Romano, Esquire, being duly sworn according to law, deposes and says that she is an attorney at law duly authorized to practice in the Commonwealth of Pennsylvania, and that on the 10th day of March 2010, she did serve upon, Lee M. Fortenberry, Sr., Defendant in the foregoing case, a true and correct copy of the Complaint in Divorce by sending a copy by First Class Mail, postage pre-paid, certified/restricted delivery to the Defendant. The "green card" is attached to this Affidavit of Service. 0 Said copy of the Complaint was duly endorsed with notice to Defendant to appear and answer within twenty (20) days from the date of service or the matter would proceed without him. By. 1 Patricia J. Romano, 4711 Locust Lane Harrisburg, PA 17: (717) 657-0632 Id. No. 88161 Sworn to and subscribed before me this-.-;q4*-day of 2011. o ary Public WCOW MW SUTUM2 514 EZMD • • Paddcted 2 complete DMhwy desk ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if apace permits. 1. Article Addressed to: A. 9f O"Y Received =Otql 1'ftf D. Is delivery address diQerent from Rem 1? Yee If YES, enter delivery address below: ? No Lee M. Fortenberry, Sr. 115 Hillside Road Mechanicsburg, PA 17050 RESTRICTED 3. rt 7ylxY w w r! !. 001 % ¦ %4ortillied Mail ? Express Mail 13 Repist«ed 13 Retum Receipt for Merchamdes 13 Insured MaA ? C.O.D. 2 Alf b Number (ftnLtraomeerV 7009 0080 0001 1703 4130 Pe Fan 3811. February 2w4 Domestic Return Receipt 102595-02444-ta10 0 Patricia J. Romano, Esquire 4711 Locust Lane Harrisburg, PA 17109 717-657-0632 Id. No. 88161 Attorney for Plaintiff E -OFFICE '1C t iOTHONOTAR' LOI I MAR -2 PM 3: 34 'UMBERLANO COUNTY ''ENNSYLVANIA CHERI D. FORTENBERRY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 10-1828 LEE M. FORTENBERRY, SR.,: CIVIL ACTION - LAW Defendant : IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint:_Certified/Restricted Delivery, 3/10/10. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by Plaintiff, 2/21/11 ; by Defendant, 2/11/11 (b)(1) Date of execution of the affidavit required by Section 3301(d) of the Divorce Code: N/A. (2) Date of filing and service of the affidavit upon the respondent: N/A. 4. Related claims pending: All outstanding claims were settled pursuant to the Marriage Settlement Agreement executed by the parties on February 10, 2011 5. Complete either (a) or (b). (a) Date and manner of service of the Notice of Intention to file Praecipe to Transmit Record, a copy of which is attached: N/A. (b) Date Plaintiff's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: 2/23/11 Date Defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: 2/14/11 C By: Patricia J. Romano, h 4711 Locust Lane f / Harrisburg, PA 1710( (717) 657-0632 Id. No. 88161 Attorney for Plaintiff Dated: OTA'i , s ?' BON i ViMBERLAN- 0 COUNTY a E;! iSyLVP N1.N PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this day of , 2011, is by and between: LEE M. FORTENBERRY of 115 Hillside Road in Mechanicsburg, Cumberland County, Pennsylvania, hereinafter referred to as "Husband"; and CHERI D. FORTENBERRY of 9345 Blue House Road, Apt. 14108 in Ladson, South Carolina, 29456, hereinafter referred to as "Wife." WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on 23 August 1986 and are the parents of two adult children, Courtney D. Fortenberry, age 23, and Lee M. Fortenberry, Jr., age 20. WHEREAS, certain difficulties have arisen between the parties hereto which have made them desirous of living separate and apart from one another and Wife has initiated an action in divorce filed to No. 2010-1828 before the Court of Common Pleas of Cumberland County, Pennsylvania; WHEREAS, the parties hereto, Wife being represented by Patricia Romano, Esquire, and Husband by Samuel L. Andes, Esquire, have each exchanged full and complete information as to the property, assets, and liabilities owned and owed by each and have disclosed to each other and to their respective attorneys full information as to the financial status of both parties hereto; and NOW, THEREFORE, the parties hereto, in consideration of the above recitals, the mutually made and to be kept promises set forth hereinafter, and for other good and valuable considerations, and intending to be legally bound and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant, promise, and agree as follows: 1. RESIDENCE. The parties will dispose of the residence at 115 Hillside Drive in Mechanicsburg, Cumberland County, Pennsylvania, which they currently own as tenants bythe entirties, as follows: A. The parties will retain joint ownership of that following the decree in divorce to be entered between them. They will hold the property as tenants in common and neither of them will, from the date of this Agreement until such time as they transfer the ?I property, create or allow any other party to create any lien or encumbrance against the property without the prior written consent of the other party. They will continue to hold it as tenants in common until such time as they transfer it in accordance with this paragraph. Page 1 of 12 I B. Husband shall be responsible to pay, in accordance with its terms, the debt owed to Chase Mortgage Company, which is secured by a first mortgage against the property which has a balance at this time of approximately $238,000.00. Husband shall further be responsible to pay all real estate taxes, to maintain insurance on the property, and to pay all other utilities, maintenance, and other expenses arising out of his ownership of the property. Husband shall provide Wife annually of confirmation that he has made these payments. C. The parties will lease the property on the most favorable lease terms they can obtain. Husband is hereby authorized to take all action necessary to lease the property, collect rents, and apply the rents paid to pay the expenses of the property. If requested to do so by husband, will sign a limited power of attorney to evidence her authorization to him to handle all matters relating to the leasing, occupancy, maintenance and other care of the property so long as the parties own it as tenants in common pursuant to this Paragraph. D. The parties agree that, before they sell the property or make any effort to transfer its ownership, they will offer it for sale to their son, Lee M. Fortenberry, Jr., for the price or consideration for which they intend to sell or transfer it. They will notify their son of their intention to sell the property and the offer price for it and he shall have sixty (60) days in which to respond. If the son elects to purchase the property he must notify Husband and Wife, in writing, within the sixty (60) days of their notice to him and, if he so elects, Husband and Wife will cooperate with their son to arrange the sale and transfer of the property to him within sixty (60) days of his written notice to him. In the event that the son does not so elect, or does not make any written response to the notice from Husband and Wife of their intention to sell the property, and their proposed sale price, the parties will be free to sell or transfer the property as'they see fit, free of any further obligation to their son to sell or transfer the property to him. The parties agree that their son may, at any time he chooses to do so, waive his rights under this Sub Paragraph and notify the parents that he has no interest in purchasing the property, in which event Husband and Wife shall be free to dispose of the property thereafter as they see fit. Page 2 of 12 E. Upon the sale of the property, to the parties' son or any other person or entity, the proceeds of such sale shall be applied, paid, and distributed as follows: (1) To pay the costs of sale including, if appropriate, a reasonable real estate sales commission. (2) To pay any income tax resulting from the sale of the property, including federal, state, and local taxes. (3) To pay the balance owed on any mortgage or other lien which encumbers the property at the time of sale. (4) To pay and distribute to the parties' son Lee M. Fortenberry, Jr. the sum of $115,000.00. (5) Any remaining proceeds shall be divided equally between Husband and Wife. The parties agree that they shall cooperate with each other, their counsel, and any other person necessary to fully implement the terms and provisions of this Paragraph regarding the marital residence 2. TIMESHARE PROPERTIES. The parties acknowledge that they own the following timeshare units: A. Two units in the Marriott Williamsburg Project, on which the parties owe no debt. B. One unit in the Marriott Aruba Project on which the parties owe a loan of approximately $22,000.00. C. One unit in the Marriott Scottsdale Project on which the parties owe a loan of approximately $6,000.00. D. One unit in the Marriott Doral in Miami project on which the parties owe approximately $6,000.00 at this time. The parties agree that the time share units shall be transferred to Husband's sole ownership and that after such transfer Husband shall be solely responsible to pay the debts owed against those units and all fees, dues, and other expenses arising out of the ownership or use of those units. Husband shall have II the sole and exclusive right of use and ownership of the time share units and all of the benefits associated therewith. The parties agree that they shall cooperate to execute, acknowledge, and deliver any and all documents necessary to implement the terms and provisions of this Paragraph and transfer Page 3 of 12 the properties to Husband promptly after the execution of this Agreement. The parties agree that, for purposes of this Agreement, the time shares have a total aggregate value of approximately $80,000.00 and a current debt of approximately $34,000.00. Notwithstanding the above, Husband shall transfer one of the time share units to each of the parties' children, either by gift during his lifetime or pursuant to the provisions of his Will. The time share units transferred to the children shall be free of any debt at the time of transfer. 3. MOTOR VEHICLES. The parties shall divide and distribute their motor vehicles as follows: A. Husband shall retain the 2007 Ford Navigator currently titled in his name and in his possession. B. Wife shall retain the 2002 Lincoln Continental currently titled in her name and in her possession. Each of the parties will be responsible to pay any debts which encumber the title to either vehicle and to pay all costs to maintain, insure, and operate the vehicle and, further, each of the parties shall indemnify and save the other harmless from any loss, cost, or expense caused to the other party by a failure to make payment of such matters when due. 4. RETIREMENT ACCOUNTS. The parties acknowledge that, as a result of his employment by Northwestern Mutual Life Insurance Company and its related entities, Husband has accrued benefits in the following retirement plans: (1) His account in the Northwestern Mutual Life Insurance Company Agents PFGF Retirement account. (2) His account in the Northwestern Mutual Life Insurance Company Deferred Compensation Account No. 1. (3) His account in the Northwestern Mutual Life Insurance Company Deferred Compensation Account No. 2. The parties further acknowledge that Husband has a small account within the Federal Thrift Savings Plan, which arises from his time in the military reserves. Wife represents that she has no retirement benefit- whatsoever. With regard to these retirement accounts and benefits, the parties agree as follows: A. Husband shall transfer to Wife, as a tax-free rollover into a tax-deferred account in Wife's name alone, assets having a value of Eighty Seven Thousand Page 4 of 12 ($87,000.00) Dollars as of the date of this Agreement. The transfer shall be made from the retirement account selected by Husband. B. The transfer shall be made pursuant to a Qualified Domestic Relations Order to be entered by the Court in the divorce action now pending between the parties. The parties will cooperate to obtain the Qualified Domestic Relations Order and any other document required to effect the transfer required by this Paragraph and shall share the cost of preparing, obtaining, and implementing such order or other documents. C. After the transfer into Wife's tax-deferred account required by Sub Paragraphs A and B hereof, Husband shall be the sole owner of the other accounts and benefits described above, free of any further claim by Wife. The parties will make, execute, acknowledge and deliver all documents necessary to confirm Wife's waiver of further interest in those accounts or benefits and to confirm them to be the sole and separate property of Husband. 5. KRISPY KREME STOCK. The parties acknowledge that, during the marriage, they acquired 200 shares of common stock in Krispy Kreme Corporation. The parties agree that the stock shall be sold and the total net proceeds of sale, after paying the costs of sale, and any income tax resulting from the sale, shall be paid and distributed to Wife and be her sole and separate property thereafter, free of any further claim by Husband. 6. LIFE INSURANCE POLICIES. The parties acknowledge that, during the marriage, they acquired the interest in various policies of insurance. They have agreed to dispose of those policies as follows: A. Wife will retain sole and exclusive ownership of the following policies issued by Northwestern Mutual Life Insurance Company, free of any further claim by Husband: (1) Policy No. 18-180-204 on the life of Wife which has a cash value at this time of approximately $3,500.00; (2) Policy No. 17-451-466 on the life of Wife which has a cash value at this time of approximately $6,000.00; (3) Policy No. 15-793-801 on the life of Wife which has a cash value at this time of approximately $14,200.00; (4) Policy No. 13-663-863 on the life of Wife which has a cash value at this time of approximately $675.00, but which is subject to a loan on which the balance is approximately $2,275.00; Page 5 of 12 (5) Policy No. 15-852-183 which insures the life of Husband and which has no cash value because it is a term policy. (6) Policy No. 15-878-075 which is a long term care policy for the benefit of Wife and which has no cash value. (7) Policy No. 18-658-479 which is a life insurance policy owned by Wife which insures the life of the parties' daughter, Courtney. Wife takes those policies subject to the loans against the cash value of each policy. Husband shall pay, subject to the provisions of Paragraph 9 hereof, the premiums on the policies listed above, until Husband attains the age of 65 years. Husband shall make the premium payments directly to Northwestern Mutual Life Insurance and shall provide proof to Wife, at least annually, that those premiums have been timely paid. Husband shall acquire no ownership interest in those policies, however, by making the premium payments as required by this Paragraph. B. Husband and Wife will continue to own jointly Northwester Mutual Life Insurance Company Policy No. 14-283-372, which insures the life of their daughter Courtney, and Policy No. 14-283-350, which insures the life of their son, Lee M. Fortenberry, Jr. Husband shall pay, subject to the provisions of Paragraph 9 hereof, the premiums on those two policies until Husband attains the age of 65 years. Husband shall make the premium payments directly to Northwestern Mutual Life Insurance and provide proof to Wife, at least annually, that those premiums have been time!y paid. The parties shall continue to own the policies, and any cash value in the policies, jointly and equally and Husband shall acquire no greater interest in those policies than Wife has by making the premium payments required by this sub-paragraph. C. Husband will retain sole and exclusive ownership of the following policies issued by Northwestern Mutual Life Insurance, free of any further claim by Wife: (1) Policy No. 19-017-251 the life of Husband which has a cash value at this time of approximately $335.00; II (2) Policy No. 18-630-846 on the life of Husband which has a cash value at this time of approximately $3,250.00; Page 6 of 12 (3) Policy No. 17-448-594 on the life of Husband which has a cash value at this time of approximately $565.00, net of a policy loan on which the present balance is approximately $7,400.00; (4) Policy No. 16-816-949 on the life of Husband which has a cash value at this time of approximately $1,550.00, net of a policy loan on which the present balance is approximately $13,250.00; (5) Policy No. 16-469-218 on the life of Husband which has a cash value at this time of approximately $1,680.00, net of a policy loan on which the present balance is approximately $16,875.00; (6) Policy No. 19-017-655 which insures the life of the parties daughter Courtney, and which has a net cash value of approximately $4.00; (7) Policy No. D1-415-289, which is a disability income insurance policy which has no cash value. Husband takes the policies subject to the loans against the cash value of the policies Husband shall be responsible to maintain the policies as he chooses to do so. The parties shall cooperate with each other and their respective counsel and Northwestern Mutual Life Insurance Company, and any other person or entity required, to complete the division and distribution of the life insurance policies in accordance with this Paragraph as promptly after the execution of this Agreement as possible. 7. COLLEGE LOAN FOR COURTNEY. The parties acknowledge that their daughter Courtney and the parties have incurred debt for the college or other post-high school education of Courtney and that the balance owed on that debt currently stands at approximately $115,000.00. Subject to the limitations of Paragraph 9 hereof, Husband agrees that he shall pay those debts, in accordance with their installment terms, until such time as those debts have been satisfied in full. 8. PERSONAL PROPERTY. Each of the parties shall retain all items of jewelry and personal ornament currently in their possession and each of the parties waives:any claim to such items now in the possession of the other. Further, the parties shall meet at a time convenient to both of them, within sixty (60) days of the date of this Agreement, to divide the household furnishings and appliances at the marital residence at 115 Hillside Drive. Upon the division of those items, the parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, Page 7 of 12 appliances, and other household and personal property between them and they mutually agree that each party shall, from and after the date hereof, be the sole and separate owner of all such tangible personal property presently in his or her possession, whether said property was heretofore owned jointly or individually by the parties hereto, and this agreement shall have the effect of an assignment or receipt from each party to the other for such property as may be in the individual possessions of each of the parties hereto, the effective date of said bill of sale to be contemporaneous with the final decree in divorce entered in the action contemplated to be filed herein. 9. LIMITATION ON HUSBAND'S DUTY TO PAY CERTAIN OBLIGATIONS. _Husband's obligation to pay premiums on the policies of insurance owned by Wife and to pay the parties' daughter's college loans is contingent upon his continued employment by Northwestern Mutual Life Insurance Company, or one of its corporate subsidiaries, and on his earning, from such employment, annual income in excess of $250,000.00. In the event that Husband shall be involuntarily separated from that company, or in the event that his income falls below $250,000.00 per year, Husband's obligations to pay the premiums on Wife's insurance policies and to pay their daughter's college loans, shall terminate absolutely and Husband shall have no further obligation to make payment of those items. Husband's income falling below $250,000.00 per year will, in no way, obligate Wife to pay these debts or expenses. 10. HEALTH INSURANCE. Husband shall, at his expense, maintain health insurance for Wife's benefit, through his employment or through the COBRA program, through 31 December 2013. After that date, Husband shall have no further obligation to provide health insurance on Wife or to contribute in any way to the cost of her health care. Further, Husband shall have no obligation to pay any of Wife's health or medical bills beyond that paid by the insurance through the end of 2013. Further, Husband shall continue health insurance coverage on the parties' daughter Courtney as long as he is eligible to provide such insurance for her on the family plan now provided by his employer. When insurance is no longer available under that plan, Husband shall have no further obligation to provide or contribute to the cost of health insurance for Courtney. 11. ALIMONY PENDENTE LITE. The parties acknowledge that they are currently subject to an order entered by the Court of Common Pleas of Cumberland County in the divorce action now pending between them which obligates Husband to pay alimony pendente lite in the amount of $5,400.00 per II month. The parties agree that they shall dispose of Husband's obligation to pay alimony, alimony pendente lite, or spousal support to or for Wife, as follows: Page 8 of 12 A. The order for alimony pendente lite shall be terminated on or before 31 January 2011. Husband shall make all payments required by the order up to that date. B. Wife will notify the Domestic Relations Office of the Court of Common Pleas of Cumberland Count,/ that the order is to be terminated effective 31 January 2011 and shall make, execute, acknowledge and deliver any documents, or cause her attorney to do the same, to terminate the order on that date. C. Husband shall have no further obligation to pay or contribute to the financial support of Wife, whether in the form of spousal support, alimony pendente lite, or alimony after the termination of the alimony pendente lite order pursuant to this Paragraph. Wife, being aware of her rights under the law of Pennsylvania, does hereby waive, release, relinquish, discharge, and terminate absolutely and forever any further claim against Husband for spousal support, alimony, or alimony pendente lite. 12. WAIVER OF EQUITABLE DISTRIBUTION. The parties acknowledge that each of them have had a full and ample opportunity to consult with counsel of their choice regarding their claims arising out of the marriage and divorce and that they have specifically reviewed their rights to the equitable distribution of marital property, including rights of discovery, the right to compel a filing of an inventory and Appraisement, and the right to have the court review the assets and claims of the parties and decide them as part of the divorce action. Being aware of those rights, and being aware of the marital property owned by each of the parties, the parties hereto, in consideration of the other terms and provisions of this agreement, do hereby waive, release and quitclaim any further right to have a court or any other tribunal equitably distribute or divide their marital property and do hereby further waive, release and quitclaim any and all claim against or interest in assets now currently in the possession or held in the name of the other, it being their intention to accept the terms and provisions of this agreement in full satisfaction of all of their claims to the marital property of the parties and the equitable distribution of the same. 13. WAIVER OF FURTHER PROCEEDINGS BEFORE COURT. The parties hereby represent that they have agreed to the foregoing division or distribution of property in an effort to resolve all disputes relating to their marital property and obligations and to make an equitable distribution of their marital i? property as contemplated by the Divorce Code of Pennsylvania. The parties acknowledge that they have the right to ask a court of appropriate jurisdiction to make equitable distribution of their marital property and to engage in formal litigation to have the court do so. Because of the division or Page 9 of 12 distribution of marital property to which they have agreed, as provided for in this Property Settlement Agreement, and knowing their rights to have the court equitably distribute or divide their marital property following litigation by the parties, the parties hereto do hereby waive and release any right to have the court make such equitable distribution or for them to litigate any claims relating to equitable distribution in the divorce action contemplated by the parties. 14. WAIVER OF PROPERTY CLAIMS AND ESTATE CLAIMS. Except as herein otherwise provided, each party hereto may dispose of his or her property in any way, and each party hereby expressly 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, the right to equitable division of marital property, alimony, alimony pendente lite, and counsel fees, except as provided for otherwise in this Agreement, dower, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the will of the other, and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights, and claims. 15. WAIVER OF ATTORNEYS FEES. The parties shall each be responsible to pay all attorneys fees and litigation costs incurred by each of them in the divorce action now pending between them and all matters relating thereto. Each party hereby waives, releases, and relinquishes any claim to attorneys fees, costs, or other reimbursements from the other party for the cost of litigation. 16. CONCLUSION OF DIVORCE. The parties shall make, execute, acknowledge and deliver, contemporaneously with the execution of this Agreement, consents, waivers, praecipes withdrawing economic claims, and all other documents required to conclude the divorce action pending between the parties, with full release of all further claims in that action. A failure of either party to deliver such documents within that time shall be considered a substantial breach of this Agreement and shall entitle the non-breaching party to all remedies available to him or her under the law. 17. BREACH. In the event that any of the provis;gins of this agreement are breached or violated by either of the parties, the other party shall be entitled to enforce this agreement by an appropriate action in law or in equity or to take any other action to which they are lawfully entitled to enforce this agreement or otherwise protect their rights. In the event that such action is commenced by one of the parties and the other party is found to have breached or violated any of the terms and provisions of this Page 10 of 12 agreement, the party having so violated or breached the agreement, shall be responsible for and shall promptly pay upon demand the reasonable attorney's fees incurred by the other party to enforce their rights hereunder. 18. CHOICE OF LAW. This Agreement shall be interpreted, applied and enforced in accordance with the laws of, and by the courts of, the Commonwealth of Pennsylvania. 19. SEVERABILITY. If for any reason whatsoever any part of this Agreement shall be declared void or invalid, only such part shall be deemed void and in all other respects this Agreement shall remain valid and fully enforceable. 20. NON-WAIVER. The waiver of any term, condition, clause, or provision of this Agreement shall in no way be deemed or considered a waiver of any other term, condition, clause or provision of this Agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. amim. Uk4L*Aj-1 Witne Witness CHERI D. FORTENBERRY Page 11 of 12 COMMONWEALTH OF PENNSYLVANIA ( 55.: COUNTY OF CUMBERLAND ) On this, the day of AL LA Ajgj==, , 2011, before me, the undersigned officer, personally appeared LEE M. ORTENBERRY kn n to me (or satisfactorily proven) to be the person whose name is subscribed to the within instru ent, and acknowledged that said person executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL AMY M. HARKINS, Notary Public [,,LLeemoyne hero., Cumberland County _._',??Fehruary 4, 2013 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND y Com i sion Expires: (SS.: } On this, the /b ? day of ,e,?n-«.r,? , 2011, before me, the undersigned officer, personally appeared CHERI D. FORTENBE Y known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that said person executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. O?A?"Z- ?? ?`?+n?+mFaglnn ?xr±Ires F?rt.?l.ry 19, 24'19 My Commission Expires: Page 12 of 12 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHERI D. FORTENBERRY, V. LEE M. FORTENBERRY, SR. DIVORCE DECREE AND NOW, M 4-* 3N % , 1611 , it is ordered and decreed that CHERI D. FORTENBERRY, , plaintiff, and LEE M. FORTENBERRY, SR. , defendant, are divorced from the bonds of matrimony. 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.") The attached Property Settlement Agreement dated February 10, 2011 is hereby incorporated but not merged with this Decree in Divorce. By the Court, NO. 10-1828 Attest: J p =p p. lain- LLiI Prothonota 4811,- 061. y maAsd to 1amano I1 v4ice * Copy nut;W O THE FILED-OFFICE PR HON TI' Ry 2011. DEC 22 PH 12: C 1 CUMBERLAND couNTY PENNSYLVANIA CHERI D. FORT Plaintiff vs. Y, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 10-1828 CIVIL TERM LEE M. FORTENBERR?, SR., Defendant IN DIVORCE AND NOW comes the above-named Defendant, by his attorney, Samuel L. Andes, and moves the court to enter attached Qualified Domestic Relations Order to implement one of the provisions of the part' s' Property Settlement Agreement. Prior orders in this case have been entered by the Honorable. L. Ebert, Jr.. Both parties have consented to the entry of this order as evidenced by their sign ture of the order. Sam el L. Andes Attorney for Defendant Supreme Court ID # 17225 525 North 12t' Street P.O. Box 168 Lemoyne, Pa 17043 (717) 761-5361 r _ . . STATE OF PENNSYLVANIA COMMON PLEAS COURT CUMBERLAND COUNTY In re the marriage of. Petitioner VS. Respondent QUALIFIED DOMESTIC RELATIONS ORDER RE THE NORTHWESTERN MUTUAL LIFE INSURANCE COMPANY AGENTS PERSISTENCY FEE GUARANTEE FUND CASE NO. 10-1828 WHEREAS, the Court ntered the Divorce Decree on the day of , 2C ; and WHEREAS, this Ordez; as been issued pursuant to the domestic relations law of the State of Pennsylvania to recognize rital property rights of the Alternate Payee; and WHEREAS, it is intend that this Order will qualify as a Qualified Domestic Relations Order under Internal Revenue ode section 414(p) and section 206(d)(3) of the Employee Retirement Income Security A? of 1974, as amended, and this Order shall be administered and interpreted in conformity withl, aid laws. NOW, THEREFORE, IT?IS HEREBY ORDERED AS FOLLOWS: (1) Name, last known Participant: Date of Birth: Social Security No., Alternate Payee: Date of Birth: Social Security No.:, (2) Name of Plan to v Company Agents Persistency 1 Company, 720 East Wisconsin The Plan Administrator is the Mutual Life Insurance Compa. address, date of birth and Social Security number of. Lee M. Fortenberry 115 Hillside Road Mechanicsburg, PA 17050 See Addendum See Addendum Cheri D. Fortenberrv P.O. Box 262 Daleville, VA 24083 See Addendum See Addendum h this Order applies: The Northwestern Mutual Life Insurance Guarantee Fund. The Northwestern Mutual Life Insurance enue, Milwaukee, WI 53202-4797 is the sponsor of the Plan. e President - Field Services and Support of The Northwestern (3) The Plan Adminis, payment to the Alternate Pay' determination by the Plan Adih under Internal Revenue Code ? Income Security Act of 1974, aj account balance in the Plan of the Plan Valuation Date coinci, earnings or losses on the amok Plan Valuation Date specified i distribution to the Alternate P? Participant's account during 0 the date of making such single] Payee's designated beneficiary! Payee's estate. The payment ck account in the Plan and the Pap reduced by the amount of mono extent possible, the reduction s: Participant has in the Plan. (4) Except as set forth! Participant are awarded to thq rator is directed to cause the Plan to make a single sum cash as soon as administratively practicable following the inistrator that this Order is a Qualified Domestic Relations Order :ction 414(p) and section 206(d)(3) of the Employee Retirement amended, of an amount of money equal to (i) 100% of the vested he Participant based on the values in the Participant's account on ent with or next preceding December 31, 2010, adjusted for (ii) t described in clause (i) during the period from the day after the t clause (i) through the Plan Valuation Date preceding the date of Jee at the same rate of return as actually credited to the t period. In the event that the Alternate Payee should die prior to um payment, such payment shall be made instead to the Alternate r, in the absence of a beneficiary designation, to the Alternate 'pled for by this paragraph shall be taken from the Participant's icipant's account balance in the Plan shall be permanently paid to the Alternate Payee pursuant to this paragraph. To the all be made pro rata among each of the subaccounts which the all rights and benefits under the Plan with respect to the (5) It is intended that, his Order will qualify as a Qualified Domestic Relations Order under Internal Revenue Code a ction 414(p) and section 206(d)(3) of the Employee Retirement Income Security Act of 1974, a mended, and this Order shall be administered and interpreted in conformity with those laws. (6) The Court retains maintaining its qualification a Code section 414(p) and sectioi as amended, provided that no of benefit, or any option, not of amendment or the right of the laws. (7) A true copy of this counsel for Alternate Payee. T further order of the Court. isdiction to amend this Order, for the purpose of establishing or Qualified Domestic Relations Order under Internal Revenue )6(d)(3) of the Employee Retirement Income Security Act of 1974 z amendment shall require the Plan to provide any type or form wise provided under the Plan, and further provided that no such art to amend will invalidate this Order as "qualified" under those ler shall be served upon the Plan Administrator forthwith by Order shall take effect immediately and remain in effect until (8) The Court further retains jurisdiction to supervise and enforce the payment of retirement benefits, as provide herein. DATED at this day of BY THE COURT: T, A -- APPROVED Petitioner Atto ey for Re ondent Due to the Federal Privacy public records to prevent i? information sheet to North) certified copy of the Domes Participant Information Name: Lee M. Fortenberry Address: 115 Hillside RI :t, many state courts prohibit the inclusion of personal data in City theft. Therefore, please forward the following Stern Mutual Life Insurance Co. when submitting the court Relations Order. Do NOT file the Addendum with the court. Alternate Payee Information Name: Cheri D. Fortenberry Address: 9345 Blue Horse Rd., Apt. 14108 Ladson, SC 29456-4129 SSN: 264-89-2780 Date of Birth: January 12, 1966 Mechanicsburg PA 17050 SSN: 252-33-9436 Date of Birth: February 20:1964 Partici ant Attorne s Information Name: Samuel L. Andes, quire Address: 525 North Twg fth Street P.O. Box 168 Lemoyne, PA 7043 Phone Number: (717) 761- 361 The court certified copy of 1 to: Alternate Payee Attorney's Information Name: Address: None Phone Number: Domestic Relations Order and this Addendum should be sent rthwestern Mutual Life Insurance Co. Attn: Steve Reszczynski 720 E. Wisconsin Avenue - N14EC Milwaukee, WI 53202 CHERI D. FORT Plaintiff tY VS. LEE M. FORTENBERR , SR., Defendant i FILED-OFFICE, OF THE PROTHONO,R 1 DEC 22 PM 12= 00 C NN?YI VANIA? Y t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 10-1828 CIVIL TERM IN DIVORCE AND NOW comet he above-named Defendant, by his attorney, Samuel L. Andes, and moves the court to enter th attached Qualified Domestic Relations Order to implement one of the provisions of the parti ' Property Settlement Agreement. Prior orders in this case have been entered by the Honorable M.L. Ebert, Jr.. Both parties have consented to the entry of this order as evidenced by their sign ture of the order. Sam 1 L. Ande Attorney for Defendant Supreme Court ID # 17225 525 North 120' Street P.O. Box 168 Lemoyne, Pa 17043 (717) 761-5361 STATE OF PENNSYLVANIA In re the marriage of: Cheri D. Fortenberry Petitioner VS. Lee M. Fortenberry Respondent WHEREAS, the Court 20 ;and IT IS HEREBY ORDER (1) Name, last known n Participant: Date of Birth: Social Security No., Alternate Payee: Date of Birth: Social Security No.: (2) Name of Plan to N Compensation Plan. The Nor Avenue, Milwaukee, WI 5320 Plan's Administration Commi (3) The Plan Admini (i) To create a sd as of February 11, 2011, with aj $12,268.19 under Agreement # credit such separate accounts interest is credited to other pax shall be allocated thereto. The COMMON PLEAS COURT CUMBERLAND COUNTY DOMESTIC RELATIONS ORDER RE THE NORTHWESTERN MUTUAL DEFERRED COMPENSATION PLAN CASE NO. 10-1828 the judgment of divorce on the day of AS FOLLOWS: address, date of birth and Social Security number of. Lee M. Fortenberry 115 Hillside Road Mechanicsburg, PA 17050 See Addendum See Addendum Cheri D. Fortenberrv P.O. Box 262 Daleville, VA 24083 See Addendum See Addendum ich this Order applies: The Northwestern Mutual Deferred western Mutual Life Insurance Company, 720 East Wisconsin 1797 is the sponsor of the Plan. The Plan Administrator is the is directed: rate account on the records of the Plan for the Alternate Payee arting account balance of $49,148.32 under Agreement #1 and )5-1. Further, the Plan Administrator is directed to thereafter :i the interest in the same manner and at the same time as ipant account balances in the Plan, but no additional deferrals ternate Payee shall have the right to designate a beneficiary or beneficiaries with respect to dea benefits attributable to such separate accounts. The value of benefits payable to, or with resp?ct to, each of the parties shall not be affected by the death of the other„ (ii) To make distribution of the value of such separate accounts for the Alternate Payee in a single payment as sq n as administratively practicable. (iii) To reduce tho 2011, by the amount credited tq Participant's different plan accC and (b) $12,268.19 under Agree (4) Except as set forth) Participant are awarded to the ;icipant's accounts on the records of the Plan as of February 11, Alternate Payee in (i) above. The reductions to the shall be made as follows: (a) $49,148.32 under Agreement#1, t #2005-1. all rights and benefits under the Plan with respect to the (5) A true copy of this rder shall be served upon the Plan Administrator forthwith by counsel for Alternate Payee. S d Order shall take effect immediately and remain in effect until further order of the Court. (6) The Court further i benefits as provided herein. DATED at APPROVED jurisdiction to supervise and enforce the payment of the this day of BY THE COURT: Judge ry-?Q, "?%t VN? Tilt -ti o y for spo de t Cheri D. Fortenberry Petitioner 7fll Ded M.Tortenberry Respondent Due to the Federal Privacy Act, many state courts prohibit the inclusion of personal data in public records to prevent ids tity theft. Therefore, please forward the following information sheet to Northv stern Mutual Life Insurance Co. when submitting the court certified copy of the Domestb Relations Order. Do NOT file the Addendum with the court. Participant Information Alternate Payee Information Name: Lee M. Fortenberry' Name: Cheri D. Fortenberry Address: 115 Hillside Rc?ad Address: 9345 Blue Horse Rd., Apt. 14108 Mechanicsburg' PA 17050 Ladson, SC 29456-4129 SSN: 252-33-9436 SSN: 264-89-2780 Date of Birth: February 20 964 Date of Birth: January 12, 1966 Participant Attorne s Info Name: Samuel L. Andes, E Address: 525 North Tweli P.O. Box 168 Lemoyne, PA Phone Number: (717) 761-6 cation Alternate Payee Attorney's Information juire Name: h Street Address: 043 None 61 Phone Number: The court certified copy oft e Domestic Relations Order and this Addendum should be sent to: Northwestern Mutual Life Insurance Co. Attn: Barb Kurcharski 70 E. Wisconsin Avenue, Room 5143 Milwaukee, WI 53202-4797 STATE OF PENNSYLVANIA In re the marriage of: Cheri D. Fortenberry Petitioner VS. Lee M. Fortenberry Respondent DOMESTIC RELATIONS ORDER RE THE NORTHWESTERN MUTUAL DEFERRED COMPENSATION PLAN CASE NO. 10-1828 1 16, WHEREAS, the Court entered the judgment of divorce on the day of Tt4u, , , 20 k\ ;and IT IS HEREBY ORDERED AS FOLLOWS: (1) Name, last known mailing address, date of birth and Social Security number of. Participant: Date of Birth: Social Security No.: Alternate Payee: Date of Birth: Social Security No COMMON PLEAS COURT CUMBERLAND COUNTY Lee M. Fortenberry 115 Hillside Road Mechanicsburg, PA 17050 See Addendum See Addendum Cheri D. Fortenberrv P.O. Box 262 Daleville, VA 24083 See Addendum See Addendum (2) Name of Plan to which this Order applies: The Northwestern Mutual Deferred Compensation Plan. The Northwestern Mutual Life Insurance Company, 720 East Wisconsin Avenue, Milwaukee, WI 53202-4797 is the sponsor of the Plan. The Plan Administrator is the Plan's Administration Committee. (3) The Plan Administrator is directed: (i) To create a separate account on the records of the Plan for the Alternate Payee as of February 11, 2011, with a starting account balance of $49,148.32 under Agreement #1 and $12,268.19 under Agreement #2005-1. Further, the Plan Administrator is directed to thereafter credit such separate accounts with the interest in the same manner and at the same time as interest is credited to other participant account balances in the Plan, but no additional deferrals shall be allocated thereto. The Alternate Payee shall have the right to designate a beneficiary or beneficiaries with respect to death benefits attributable to such separate accounts. The value of benefits payable to, or with respect to, each of the parties shall not be affected by the death of the other. (ii) To make distribution of the value of such separate accounts for the Alternate Payee in a single payment as soon as administratively practicable. (iii) To reduce the Participant's accounts on the records of the Plan as of February 11, 2011, by the amount credited to the Alternate Payee in (i) above. The reductions to the Participant's different plan accounts shall be made as follows: (a) $49,148.32 under Agreement#1, and (b) $12,268.19 under Agreement #2005-1. (4) Except as set forth herein, all rights and benefits under the Plan with respect to the Participant are awarded to the Participant. (5) A true copy of this Order shall be served upon the Plan Administrator forthwith by counsel for Alternate Payee. Said Order shall take effect immediately and remain in effect until further order of the Court. (6) The Court further retains jurisdiction to supervise and enforce the payment of the benefits as provided herein. DATED at -SIN %? 3 11011, BY THE COURT: Judge APPROVED c-a c -, m M- z' & -'o M VY for spo de t r/ -? c;0 ° , rv C Cheri D. Fortenberry Petitioner ?G Respondent ADDENDUM TO DOMESTIC RELATIONS ORDER For Submission to Northwestern Mutual Life Insurance Co. Only Due to the Federal Privacy Act, many state courts prohibit the inclusion of personal data in public records to prevent identity theft. Therefore, please forward the following information sheet to Northwestern Mutual Life Insurance Co. when submitting the court certified copy of the Domestic Relations Order. Do NOT file the Addendum with the court. Participant Information Name: Lee M. Fortenberry Address: 115 Hillside Road Mechanicsburg, PA 17050 SSN: 252--33-9436 Date of Birth: February 20, 1964 Alternate Payee Information Name: Cheri D. Fortenberry Address: 9345 Blue Horse Rd., Apt. 14108 Ladson, SC 29456-4129 SSN: 264-89-2780 Date,tof Birth: January 12, 1966 Participant Attorney's Information Name: Samuel L. Andes, Esquire Address: 525 North Twelfth Street P.O. Box 168 Lemoyne, PA 17043 Phone Number: (717) 761-5361 Alternate Payee Attorney's Information Name: Address: Phone Number: None The court certified copy of the Domestic Relations Order and this Addendum should be sent to: Northwestern Mutual Life Insurance Co. Attn: Barb Kurcharski 720 E. Wisconsin Avenue, Room S143 Milwaukee, WI 53202-4797 t STATE OF PENNSYLVANIA In re the marriage of: Cheri D Fortenberry Petitioner VS. Lee M Fortenberrv Respondent QUALIFIED DOMESTIC RELATIONS ORDER RE THE NORTHWESTERN MUTUAL LIFE INSURANCE COMPANY AGENTS PERSISTENCY FEE GUARANTEE FUND CASE NO. 10-1828 WHEREAS, the Court entered the Divorce Decree on the day of 7Y1 u. , 20 i ; and WHEREAS, this Order has been issued pursuant to the domestic relations law of the State of Pennsylvania to recognize marital property rights of the Alternate Payee; and WHEREAS, it is intended that this Order will qualify as a Qualified Domestic Relations Order under Internal Revenue Code section 414(p) and section 206(d)(3) of the Employee Retirement Income Security Act of 1974, as amended, and this Order shall be administered and interpreted in conformity with said laws. NOW, THEREFORE, IT IS HEREBY ORDERED AS FOLLOWS: (1) Name, last known mailing address, date of birth and Social Security number of: Participant: Date of Birth: Social Security No. Alternate Payee Date of Birth: Social Security No.: COMMON PLEAS COURT CUMBERLAND COUNTY Lee M. Fortenberry 115 Hillside Road Mechanicsburg, PA 17050 See Addendum See Addendum Cheri D. Fortenberry P.O. Box 262 Daleville, VA 24083 See Addendum See Addendum (2) Name of Plan to which this Order applies: The Northwestern Mutual Life Insurance Company Agents Persistency Fee Guarantee Fund. The Northwestern Mutual Life Insurance Company, 720 East Wisconsin Avenue, Milwaukee, WI 53202-4797 is the sponsor of the Plan. The Plan Administrator is the Vice President - Field Services and Support of The Northwestern Mutual Life Insurance Company. (3) The Plan Administrator is directed to cause the Plan to make a single sum cash payment to the Alternate Payee as soon as administratively practicable following the determination by the Plan Administrator that this Order is a Qualified Domestic Relations Order under Internal Revenue Code section 414(p) and section 206(d)(3) of the Employee Retirement Income Security Act of 1974, as amended, of an amount of money equal to (i) 100% of the vested account balance in the Plan of the Participant based on the values in the Participant's account on the Plan Valuation Date coincident with or next preceding December 31, 2010, adjusted for (ii) earnings or losses on the amount described in clause (i) during the period from the day after the Plan Valuation Date specified in clause (i) through the Plan Valuation Date preceding the date of distribution to the Alternate Payee at the same rate of return as actually credited to the Participant's account during that period. In the event that the Alternate Payee should die prior to the date of making such single sum payment, such payment shall be made instead to the Alternate Payee's designated beneficiary or, in the absence of a beneficiary designation, to the Alternate Payee's estate. The payment called for by this paragraph shall be taken from the Participant's account in the Plan and the Participant's account balance in the Plan shall be permanently reduced by the amount of money paid to the Alternate Payee pursuant to this paragraph. To the extent possible, the reduction shall be made pro rata among each of the subaccounts which the Participant has in the Plan. (4) Except as set forth herein, all rights and benefits under the Plan with respect to the Participant are awarded to the Participant. (5) It is intended that this Order will qualify as a Qualified Domestic Relations Order under Internal Revenue Code section 414(p) and section 206(d)(3) of the Employee Retirement Income Security Act of 1974, as amended, and this Order shall be administered and interpreted in conformity with those laws. (6) The Court retains jurisdiction to amend this Order, for the purpose of establishing or maintaining its qualification as a Qualified Domestic Relations Order under Internal Revenue Code section 414(p) and section 206(d)(3) of the Employee Retirement Income Security Act of 1974 as amended, provided that no such amendment shall require the Plan to provide any type or form of benefit, or any option, not otherwise provided under the Plan, and further provided that no such amendment or the right of the Court to amend will invalidate this Order as "qualified" under those laws. (7) A true copy of this Order shall be served upon the Plan Administrator forthwith by counsel for Alternate Payee. This Order shall take effect immediately and remain in effect until further order of the Court. (8) The Court further retains jurisdiction to supervise and enforce the payment of retirement benefits, as provided herein. DATED at I A N I, 10? APPROVED V Petitioner C'opees rr?u.'l?a J3?la P')?t Atto ey for Re ndent C.) C= ' C: Mca c. v3? ? c' ma , -0 CD -n A2r;F Z C) N CD , rntr IYTTTLM nnTTUm. ADDENDUM TO DOMESTIC RELATIONS ORDER For Submission to Northwestern Mutual Life Insurance Co. Onlv Due to the Federal Privacy Act, many state courts prohibit the inclusion of personal data in public records to prevent identity theft. Therefore, please forward the following information sheet to Northwestern Mutual Life Insurance Co. when submitting the court certified copy of the Domestic Relations Order. Do NOT file the Addendum with the court. Participant Information Name: Lee M. Fortenberry Address: 115 Hillside Road Mechanicsburg, PA 17050 SSN: 252-33-9436 Date of Birth: February 20, 1964 Alternate Payee Information Name: Cheri D. Fortenberry Address: 9345 Blue Horse Rd., Apt. 14108 Ladson, SC 29456-4129 SSN: 264-89-2780 Date of Birth: January 12, 1966 Participant Attorney's Information Name: Samuel L. Andes, Esquire Address: 525 North Twelfth Street P.O. Box 168 Lemoyne, PA 17043 Phone Number: (717) 761-5361 Alternate Payee Attorney's Information Name: Address: None Phone Number: The court certified copy of the Domestic Relations Order and this Addendum should be sent to: Northwestern Mutual Life Insurance Co. Attn: Steve Reszczynski 720 E. Wisconsin Avenue - N14EC Milwaukee, WI 53202