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HomeMy WebLinkAbout01-7233FREDERICK L. CORNMAN, Plaintiff VS. DIANNA CORNMAN Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA NO. O! * '723,3 CIVIL TERM CIVIL ACTION-LAW NOTICE TO DEFEND AND CI.AIMS RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service 2 Liberty Street Carlisle, Pennsylvania 17013 (717) 249-3166 FREDERICK L. CORNMAN, Plaintiff VS. DIANNA CORNMAN Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA NO. O!- '7.9,a,~ CIVIL TERM CIVIL ACTION-LAW DIVORCE COMPLAINT 1. Plaintiff is Frederick L. Comman who currently resides at 614 North Middle Road, Newville, Cumberland County, Pennsylvania 17241. 2. Defendant is D/anna Comman, who currently resides at 302 Meadow Drive, Shippensburg, Cumberland County, Pennsylvania. 3. Frederick L. Comman has been a bona fide resident in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. 5. the parties. 6. 7. may have counseling. The Plaintiff and Defendant were married on February 4, 1963. There have been no prior actions of divorce or for annulment between The marriage is irretrievably broken. Plaintiff has been advised that counseling is available and that Plaintiff the right to request the court to require the parties to participate in Date: o Plaintiff requests the court to enter a decree of divorce. Respectfully submitted, Aborn & Kutulaka's, LL.P. J~son P. Kutulakis, Esquire AttomeyI.D. No. 80411 Suite 204 8 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff VERIFICATION I, Frederick L. Comman, hereby verify that the facts set forth in the foregoing Divorce Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 84904, relating to unswom falsification to authorities. Date: /o~ -/3, 2001 Frederick L. Comman FREDERICK L. CORNMAN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNA : vs. : NO. 61 ~ "/;~4~ CIVIL TERM . : CIVIL ACTION-LAW DIANNA CORNMAN Defendant NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN NAMI~.r} DEFENDANT You have been named as a Defendant in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with ~3302 (c) or (d) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce decree being handed down by the Court. A list of professional marriage counselors is available at the Cumberland County Courthouse, Cumberland County, Pennsylvania. You're advised that this list is kept as a convenience to you and you're not bound to choose a counselor from the list. All necessary arrangements and the cost of counsding sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. CERTIFICATE OF SERVICE I, Jason p. Kutulakis, Esquire, hereby certify that on this day of December, 2001, a true and correct copy of the within DIVORCE COMPZaallNTwas served upon counsel for Defendant by United States Mail, First Class, postage pre-paid, addressed as follows: Jerry A. Weigle, Esquire Weigle, Perkins & Associates 126 East K/ng Street Shippensburg, PA 17257-1397 FREDERICK L. CORNMAN, Plaintiff VS. DIANNA CORNMAN Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA NO. CIVIL TERM CIVIL ACTION-LAW ACCEPTANCE OF SERVICE I hereby accept service of the Complaint in Divorce and acknowledge receipt of said Complaint on behalf of the above-named Defendant. Weigle, Perkins & Associates Date: Jerry A. Weigle, Esquire 126 East King Street Shippensburg, PA 17257-1397 (717) 532-7388 FREDERICK L. CORNMAN, : Plaintiff : : V. DIANNA K. CORNMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-7233 CIVIL TERM CIVIL ACTION - LAW PRAECIPE FOR ENTRY OF APPEARANCE OF COUNSEL To the Prothonotary: Dated: Please enter my appearance on behalf of the Defendant, Dianna K. Comman. 126 East King ~t~eet / Shippensburg, PA 17257 (717)532-7388 WEIGLE, PERKINS & ASSOCIATES -- ATTORNEyS AT LAW -- 126 EAST KINg STREET -- SHIPPENSBURG' PA 17257-1397 FREDERICK L. CORNMAN, Plaintiff DIANNA IL CORNMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-7233 CIVIL TERM CIVIL ACTION - LAW NOTICE TO PLEAD To: FREDERICK L. CORNMAN You are hereby notified to file a written response to the enclosed Answer to Complaint in Divorce and Counterclaim within twenty (20) days from the service hereof or a judgment may be entered against you. By: WEIGLE & ASSOCIATES, P.~... Je~/A. Weigl~E~ q ' AttOrney for Defendant Attorney ID #01624 126 East King Street Shippensburg, PA 17257 717-532-7288 WEIGLE & ASSOCIATES, AC. -- ATTORNEYS AT LAW -- 126 EAST KING STREET -- SHIPPENSBUR{], PA 17257-~397 FREDERICK L. CORNMAN, Plaintiff Vw DIANNA K. CORNMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-7233 CIVIL TERM CIVIL ACTION - LAW ANSWER TO COMPLAINT IN DIVORCE AND COUNTERCLAIM AND NOW comes the Defendant, Dianna K. Cornman, by her counsel, Jerry A. Weigle, Esquire, and Weigle & Associates, P.C. who answers the Complaint and asserts a counter claim as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Denied as stated. Defendant has no way of knowing what advice the Plaintiff may have received, and strict proof thereof is demanded. Defendant joins in Plaintiff's request that the Court enter a decree 8. Admitted. of divorce. 10. COUNTERCLAIM COUNT II - EQUITABLE DISTRIBUTION Paragraphs 1 through 8 of Plaintiff's Complaint and Defendant's Answer thereto are incorporated herein by reference as if set forth in their full context. Plaintiff and Defendant have acquired property, both real and personal, during their marriage from February 4, 1963 until November 15, 2000, the date of separation. WEIGLE & ASSOCIATES, RE. -- ATTORNEYS AT LAW -- 126 EAST KING STF~EET -- SHIPPENSBURG, Pa 17257-1397 WHEREFORE, Defendant requests Your Honorable Court to determine what is marital property, to equitably divide all marital property, and to return all non-marital property that may belong to the Defendant to her. COUNT III - COUNSEL FEES, COSTS AND EXPENSES 11. Paragraphs 1 through 10 of Plaintiff's Complaint and Defendant's Answer thereto are incorporated herein by reference as if set forth in their full context. 12. Defendant has incurred and will continue to incur counsel fees, costs and expenses for her representation in this action that are substantial and continuing. 13. Plaintiff presently has exclusive control over the vast majority of the marital estate, thereby denying the Defendant an opportunity to help defray the costs of litigation. 14. Defendant, although employed, has a net weekly take-home pay of approximately $146.00 per week and, therefore, lacks sufficient funds, income or assets to pay for the expenses of litigation. 15. It is expected that Defendant will need to retain the services of an appraiser and other experts with respect to this action. 16. Plaintiff is financially able to help defray the above-referenced costs and expenses. WHEREFORE, Defendant requests Your Honorable Court to enter an award of interim counsel fees, costs and expenses until final heating and thereafter award such additional counsel fees, costs and expenses as may be deemed appropriate. COUNT IV - ALIMONY AND ALIMONY PENDENTE LITE 17. paragraphs 1 through 16 of Plaintiff's Complaint and Defendant's Answer thereto are incorporated herein by reference as if set forth in their full context. 18. Defendant lacks sufficient means of support at present to fully provide for her reasonable needs, despite the fact that she is employed. 19. Defendant requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. 20. Plaintiff is financially able to provide for the reasonable needs of the Defendant. WHEREFORE, Defendant requests Your Honorable Court to enter an award of alimony pendente lite until final heating and thereupon to order a permanent award of alimony. Respectfully submitted, Date: WEIGLE, PERKINS & ASSOCI A/aomey fgJ Defendant Attorney ID #01624 126 East King Street Shippensburg, PA 17257 (717)532-7388 ITES WEI~iLE & ASSOCIATES, I:~C. -- ATTORNEYS AT LAW -- 126 EAST KINO STREET -- SHIPPENSBURG, PA 17257-1397 VERIFICATION I verify that the statements made in the foregoing Answer to Complaint in Divorce Counterclaim are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unswom falsification to authorities. DIANNA K. CORNMAN FREDERICKL. CORNMAN, PLAINTIFF V. DIANNA K. CORNMAN, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-7233 CIVIL TERM ORDER OF COURT AND NOW, this ~"~' day of May, 2002, plaintiff may amend its complaint to state a count in divorce based on fault to reflect newly discovered evidence. Edgar B. Bayley,v~l. Jason P. Kutulakis, Esquire For Plaintiff Jerry A. Weigle, Esquire For Defendant FREDERICK L. CORNMAN, Plaintiff VS. DIANNA K. CORNMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA NO. 01-7233 CIVIL TERM CIVIL ACTION-LAW TO THE HONORABLE JUDGES OF SAID COURT: AMENDED DIVORCE COMPLAINT AND NOW, this~day of~,, 2002, comes the plaintiff, Frederick L. Cornman, by and through his atto~ey, Jason P. K~squire, of ABOM & KUTULAKIS, L.L.P. and files this Amended Divorce Complaint as follows: 1. Plaintiffs original Divorce Complaint is incorporated herein by reference as if set forth in its full text. 2. Plaintiff is Frederick L. Comman who currently resides at 614 North Middle Road, Newville, Cumberland County, Pennsylvania 17241. 3. Defendant is Dianna K. Comman, who currently resides at 302 Meadow Drive, Shippensburg, Cumberland County, Pennsylvania, 17257. 4. Plaintiff filed the original Divorce Complaint in this case on December 28, 2001. 5. Upon learning of the Defendant's adulterous relations at a Support Hearing on April 17, 2002, the Plaintiff filed a Petition for Leave to Amend Divorce Complaint on April 29, 2002. 6. This Honorable Court granted the Petition for Leave to Amend on May 1, 2002. COUNT II: FAULT BASED GROUNDS FOR DIVORCE~ 23 PA.C.S. § 3301(a) 7. Paragraphs one (1) through six (6) are incorporated herein by reference. 8. The Plaintiff requests this Court to enter a Fault Based Decree of Divorce based upon the Support Master's Findings of Fact from the April 17, 2002, Support Hearing. Relevant findings of fact are as follows: a. The Defendant left the marital residence before the Plaintiff returned home from work on November 15, 2000, left a note stating that she was going away for awhile "to get her head straight", and gave the Plaintiff no indication of if or when she would be returning b. The Defendant did not inform the Plaintiff of her intention to leave the marital residence prior to that date. c. The Defendant left the marital residence and went to the residence of Clarence Myers, the person she was having adulterous relations with, to stay. d. The Defendant lived with Clarence Myers in Pennsylvania from November 15, 2000 until December 26, 2000, lived with him in Florida from early January 2001 until late February 2001 and also lived with him in Florida from January 2002 until March 2002. e. The Plaintiff never consented to the Defendant leaving the marital residence. f. The Defendant began a sexual relationship with Mr. Myers in late 2000 or early 2001. Sexual relations occurred on average two times per month and continue today. (Support Master's Findings of Fact attached as Exhibit A) 9. Plalntifftherefore avers that the Defendant has (a) committed willful and malicious desertion without reasonable cause for a period of one or more years and (b) has committed adultery. 10. Plaintiff is an innocent and injured spouse. WHEREFORE, the Plaintiff requests this Court to enter a Divorce Decree based on grounds of fault, pursuant to 23 Pa.C.S. § 3301(a). COUNT III: ATTORNEYS FEES~ ALIMONY AND ALIMONY PENDENTE LITE 11. Paragraphs one (1) through ten (10) are incorporated herein by reference. 12. Plaintiff has incurred and will continue to incur counsel fees, cost and expenses for his representation in this matter that are substantial and continuing. 13. Plaintiff lacks sufficient means of support at present to fully provide for his reasonable needs, despite the fact that he is employed. 14. Plaintiff requires reasonable support to adequately maintain himself in accordance with the standard of living established during the marriage. WHEREFORE, the Plaintiff respectfully requests that this Honorable Court to enter an award of Attorneys Fees including costs and expenses, an award of Alimony Pendente Lite, and a final award of Alimony after final hearing. Respectfully submitted, Aborn & Kutulakis, L.L.P. JasOn P. Kumlakis, Esquire Att/~mey I.D. No. 80411 Suite 204 8 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff DIANNA KAY CORNMAN, Plaintiff V. FREDERICK LEE CORNMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION PACSES NO. 150103935 NO. 863 SUPPORT 2001 SUPPORT MASTER'S REPORT AND RECOMMENDATION Following a hearing held before the undersigned Support Master on April 17, 2002, the following report and recommendation are made: FINDINGS OF FACT 1. The Plaintiff is Dianna Kay Cornman, who resides at 302 Meadow Drive, Shippensburg, Pennsylvania. 2. The Defendant is Frederick Lee Comman, who resides at 614 North Middle Road, Newville, Pennsylvania. 3. The parties are husband and wife having married on February 4, 1963. 4. The parties'separated on November 15, 2000, when the Plaintiff left the marital residence. 5. The Defendant had slapped the Plaintiff over a petty matter in August, 2000. 6. The parties had been arguing in November, 2000. 7. In November, 2000, the Defendant made a comment to the Plaintiff that he was considering "ending everything." 8. The Plaintiff left the marital residence before the Defendant returned home from work on November 15, 2000. 9. The Plaintiff did not inform the Defendant of her intention to leave prior to that date. 10. The Plaintiff left the Defendant a note stating that she was going away for awhile "to get her head straight." 11. The Plaintiff gave the Defendant no indication if or when she would be returning. Exhibit "A" 12. The Plaintiff went to the residence of Clarence Myers to stay· 13. Mr. Myers is an elderly gentleman for whom the Plaintiff had performed nurse's aide services earlier in the year. 14. The Plaintiff stayed with Mr. Myers in his home from November 15, 2000, until December 26, 2000, when Mr. Myers left for Florida. 15. 16. 17. 18. The Plaintiff relocated to the home of a girlfriend on December 26, 2000. In early January, 2001, Mr. Myers contacted the Plaintiff and suggested that she come to Florida to stay with him in his motor home. The Plaintiff went to Florida, stayed with Mr. Myers, and retumed to Pennsylvania with him in late February, 2001. Upon returning to Pennsylvania the Plaintiff stayed at Mr. Myers' home for approximately ten days before moving to an apartment. 19. In January, 2002, the Plaintiff accompanied Mr. Myers to Florida where they resided together in his motor home until March, 2002. 20. The Plaintiff began a sexual relationship with Mr. Myers in late 2000 or early 2001 .~ 21 · Shortly after November 15, 2000, the Defendant boxed up the Plaintiff's clothing and personal effects and put them on the porch of the residence. 22. The Plaintiff gave the Defendant her keys to the marital residence in March, 2001. 23. The Defendant did no consent to the Plaintiff's leaving the marital residence in November, 2000, but he has not asked her to return. 24. The Plaintiff filed a complaint for spousal support on October 17, 2001. DISCUSSION The facts of this case raise two legal issues. First, did the Plaintiff have adequate legal cause for leaving the marital residence such that she is entitled to receive spousal support? Second, has the Plaintiff, through her post-separation ] The Plaintiff injtiolly testified on direct examination that she never had been se~m~!!y involved with Mr. Myers but subsequently changed her testimony. She admitted that she and Mr. Myers engaged in sexual relations from late 2000 or early 2001 on average two times per month. conduct, given the Defendant grounds for a fault divorce thereby forfeiting her entitlement to support? A wife who seeks spousal support following a voluntary, nonconsensual departure from the marital home has the burden of proving that her husband's conduct gave her adequate legal cause to leave the marital home..McKolanis v. McKolanis, 644 A.2d. 1256 (Pa. Super. 1994). Although the phrase "adequate legal cause" is not subject to an exact definition, the conduct need not rise to such a level as to constitute grounds for a divorce. Rock v. Rock, 560 A.2d. 199 (Pa. Super. 1989). The conduct must be more than a mere allegation that the husband has made marital life unbearable without providing supporting facts. Martin v. Martin, 423 A.2d. 6 (Pa. Super. 1980). In this case the Plaintiff gave uncontradicted testimony that the Defendant slapped her on one occasion in August, 2000, three months before her departure, that the couple had been arguing in November prior to her departure, and that the Defendant had said he was considering "ending everything." This testimony, without more, is insufficient to establish adequate legal cause for leaving. However, immediately following the Plaintiff's initial departure from the home, the Defendant packed up her clothing and personal belongings (the Plaintiff had taken only three days change of clothing with her when she left the home) and put them on the porch of the residence. Assuming ar.quendo that this action on the part of the Defendant gave the Plaintiff adequate legal cause to remain out of the home, we must next determine whether the Plaintiff forfeited her entitlement to support by her own conduct. A dependent spouse is entitled to support until it is proven that conduct on the part of the dependent spouse constitutes grounds for a fault divorce. Crawford v. Crawford, 633 A.2d. 155 (Pa. Super. 1993). Adultery is a ground for a fault divorce. 23 Pa. C.S. Section 3301(a)(2). Although proof of adultery must be by clear and convincing evidence, Levitz v. Levitz, 185 A.2d. 620 (Pa. Super. 1962), here the Plaintiff admitted to having had a sexual relationship with another man beginning shortly after the separation and continuing to the present. This conduct, even if the Plaintiff had adequate legal cause to leave the marital residence, defeats her entitlement to an award of spousal support. RECOMMENDATION The Plaintiff's claim for spousal support is denied and her complaint is dismissed. Michael R. Rundle Support Master FREDERICK L. CORNMAN, Plaintiff VS. DIANNA K. CORNMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA NO. 01-7233 CIVIL TERM CIVIL ACTION-LAW CERTIFICATE OF SERVICE AND NOW, this I~day of May, 2002, I, Jason P. Kutulakis, Esquire, of Abom& Kutulakis, L.L.P., hereby certify that I did serve a tree and correct copy of the foregoing Amended Divorce Complaint upon Jerry A. Weigle, Esquire, Attorney for Defendant, by mail at the following: WEIGLE & ASSOCIATES, P.C. Jerry A. Weigle, Esquire 126 East King Street Shippensburg, PA 17257 Respectfully submitted, Aborn & Kutulakis, L.L.P. Suite 204 8 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff FREDERICK L. CORNMAN, Plaintiff/Respondent VS. DIANNA lC CORNMAN, Defendon*JPetitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 2001=7233 CIVIL T~RM IN DIVORCE DR0 31664 Pacses~ 333104468 ORDER OF COURT NOTICE OF RESCHEDULED CONFERENC AND NOW, this 2 l't day of June, 2002, upon consideration of the Petitk n for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.L Shaddav onAugu~t 6, 2002 at 9:00 A.M. for a conference, at 13 N. Hanove~ 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, inchidiflg 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 documentsl the Court may issue a warrant for your arrest. BY THE COURT, i George E. Holler, President Judge Moil copies on 6-21-02 to: Petitioner Respondent Jerry Weigle, Esquire Jason Kumlakis, Esquire Date of Order: June 21, 2002 Shadday, Col fference Officer~ YOU HAVE THg~ RIGHT TO A LAWYER, WHO MAY ATTEND TIlE C REPRESENT YOU. H~ YOU DO NOT HAVE A LAWYER OR CANNOT OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT ~ LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 DNFERENCE AND AFFORD ONE, GO TO HERE YOU MAY GET ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./CiW/Dist. of C~ER~ ~ ~/~ Date of Order/Notice 08/06/02 Cou~Case Numar (See Addendum for case summary) EmpioyerANithhoider's Federal EIN Number SOCIAL SECURITY ADMINISTRATION Employer/VVithholder's Name C/O MR. HEWITT EmployerANithholder's Address MINVERVA M/T,T.,~ BLDG 401 E LOUT~{ER ST CARLISLE PA 17013-2657 Q]) Original Order/Notice O Amended Order/Notice O Terminate Order/Notice RE:CORIqMAN, FREDERICK L. Employe~Obligor'sName(Last, First, MI) 172-32-0389 Employee/Obligor's Social Securit7 Number 5329100866 £mployee/Obli§or's Case identifier (See Addendum for plaintiff names associated with cases on attachment) Custcdial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 191. oo per month in current support $ 9. oo per month in past-due support Arrears 12 weeks or greater? (~)yes O no $' o. 00 per month in medical support $ o. oo per month for genetic test costs $ per month in other (specify) for a total of $ 200.00 per month to be forwarded to payee below. You do not ha~e to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 46.15 per weekly pay period. $ 92.31 per biweekly pay period (every two weeks). $ 100. oo per semimonthly pay period (twice a month). $ 2oo. oo per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the the allowable amount. The total withheld amount, and your fee, cannot exceed .55% of the employee's/obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on pg. 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. Date of Order: Service Type OMB No.: 0970-0154 ~=~nL'ation Date: 12/31/00 BY THE COURT: Form EN-028 Worker ID $o'rNc ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS [] If checked you am required to provide a copy of this form to your employee. 1. Priority: Withholding under th s Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. Comb nih Payments' You can comb ne withheld amounts from more than one employee/obligor's income !n a si.ngle payment 2. . ....... ~,g, Jcti,~o wJt~'holdin~ You must, however, separately identify the portion of the single payment that ~s attributable to to each ,,~,,,~y ,~,~u~.....~, each employee/obligor. _..~_.-,~ ....· ..... ~ _,~ ....... ~ ........~,_~ ............ ~-,~ ~ .... ~ ..... ' .............. You must comply with the law of the s~te of the employee's/obligor's principal place of employment with respe~ to the time perils within which you must implement the withholding o~er and fo~a~ the suppo~ payments. 4.* Employe~Obligor with Multiple Suppo~ Holdings: If there is more than one OrdedNotice to Withhold Income for Suppo~ against this employe~obligor and you are unable to honor all suppo~ O~edNotices due to F~eral or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all O~erdNotices to the greatest extent possible. Cee ~9 below) 5. Termination Notification: You must promptly noti~ the Requesting Agency when the employe~obligor is no longer working for you. Please provide the info~ation request~ and return a copy of this O~edNotice to the Agenw identified below. WITHHOLDER'S ID: 838~00092 EMPLOYEE'S/OBLIGOR'S NAME: CO~ EMPLOYEE'S CASE IDENTIFIER: 5329~00866 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to mpo~ and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, conta~ the pe~on or authoriW below. 7. Liabili~: If you fail to withhold income as the OrdedNotice dire~s, you am liable for both the accumulated amount you should have withheld from the employ~obligor's income and other penalties set by Pennsylvania State law. P~nsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employ~ governs. 8. Anti~iscrimination: You are subje~ to a fine determined under State law for discha~ing an employee/obligor from employment, refusing to employ, or taking disciplina~ a~ion against any employe~obligor because of a suppo~ withholding. Pennsylvania State law governs unless the obligor is employ~ in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold mom than the lesser off I) the amounts allow~ by the Federal Consumer Cr~it Prote~ion A~ (15 U.S.C. ~1673 (b)l; or 2) the amounts allow~ by the State of the employee'~obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income le~ after making mandato~ dedu~ions such as: State, F~eraJ, local t~es; Social Securi~ taxes; and Medicare taxes. 10. *NOTE: If you or your a§ent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. Requesting Agency: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 by FAX at ~or by Internet @ or Service Type Page 2 of 2 OM8 No.: 0970~)154 Expiration Date: 12/31 Form EN-028 Worker ID $OTNC ADDENDUM Summary of Cases on Attachment Defendant/Obligor: CORNMAN, FREDERICK 1',. PACSES Case Number 333104468 Z~/~/-/ Plaintiff Name /--- ~ DIANNA K. CORNMAN Docket Attachment Amount 01-7233 CIVIL $ 200.00 Child(ren)'s Name(s): DOB [] If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB [] If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB [] If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): DOB [-'1If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.0o Child(ren)'s Name(s): DOB [] If checked, you are required to enroll the child(ten) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.0o Child(ren)'s Name(s): DOB [] If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. Service Type M Addendum OMB NO,: 0970~0154 Expiration Date: 12/31/00 Form EN-028 Worker ID $OINC FREDERICK L. CORNMAN, Plaintiff/Respondent VS. DIANNA K. CORNMAN, Def~dantfPetitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 2001-7233 CIVIL TERM IN DIVORCE DR~ 31664 Pacses# 333104468 ORDER OF COURT AND NOW, this 6t~ day of August, 2002, based upon the Court's determination that Petitioner's monthly net income/earning capacity is $901.51 and Respondent's monthly net income/earning capacity is $1,378.37, it is hereby Ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit, $200.00 per month payable monthly as follows; $191.00 for alimony pendente lite and $9.00 on arrears. First payment due within five days from this date. Arrears set at $764.00 as of August 6, 2002. The effective date of the order is April 17, 2002. Husband is to make a direct payment to wife for the month of August 2002 and wife to report to DRO that she received said payment to credit the account. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa.C.S.§ 3703. Further, if the Court finds, a_~er hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and its discretion make an appropriate Order, including, but not limited to, commitment of the Respondent to prison for a period not to exceed six months. Said money to be turned over by the PA SCDU to: Dianna K. Cornman. Payments must be made by check or money order. All checks and money orders must be made payable to PA SCDU and mailed to: PA SCDU P.O. Box 69110 Harrisburg, PA 17106-9110 Payments must include the defendant's PACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. Unreimbursed medical expenses that exceed $250.00 annually are to be paid 0% by the respondent and 100% by petitioner. The petitioner is responsible to pay the first $250.00 annually in unreimbursed medical expenses. Neither party to provide medical insurance coverage. This Order shall become final ten days after the mailing of the notice of the ent~ of the Order to the parties unless either party files a written demand with the Prothonotary for a heating de novo before the Court. DRO: R. J. Shadday Petitioner Respondent Jerry Weigle, Esquire Jason Kutulakis, Esquire BY THE COURT, Kevin A. Hess J. ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania /~. Co./City/Dist. of COIV~ER~ Date of Order/Notice 08/28/02 Court/Case Number (See Addendum for case summary) (~) Original Order/Notice C) Amended Order/Notice C) Terminate Order/Notice EmployerANithholder's Federal EIN Number PRESBYTERIAN HOMES INC Em ployer/Withholder's Name 1217 SLATE HILL RD E mployerA, Vithholder's Address CAMP HILL PA 17011-8012 RE: CORNMAN, FREDERICK L. Employee/Obligor's Name (Last, First, MI) 172-32-0389 Employee/Obligor's Social Security Number 5329100866 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. C)RD£R INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 191.00 per month in current support $ 9. oo per month in past-due support Arrears 12 weeks or greater? (~yes C) no $ 0. oo per month in medical support $ 0. oo per month for genetic test costs $ per month in other (specify) for a total of $ 200. oo per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 46.15 per weekly pay period. $ 92.31 per biweekly pay period (every two weeks). $ 100. oo per semimonthly pay period (twice a month). $ 200. oo per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on pg. 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PA YMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MALL. OMB NO,: 097043154 Expiration Date: 12/31/00 Date of Order: ilkU(3 g ed ~'092. BY THE COURT: Service Type M Form EN-028 Worker ID $IATT · ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WlTHHOLDERS [] If checked you are required to provide a copy of this form to your employee. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. ~, ...... ,,-,, ,,,,,,,,~,,, ,,o~ ,,,,,,,,=,,~ ,,,~,,, ,,,= =,,,~,,,,y== ~ ,~,,,s=~. You must comy with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. WITHHOLDER'S ID: EMPLOYEE'S/OBLIGOR'S NAME: (2OR_N'I~z~ ~'R.'R.D'~.i~TCK T.. EMPLOYEE'S CASE IDENTIFIER: 5329100866 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold mOre than the lesser Of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.C. § 1673 (b)l; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. 10. *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. Requesting Agency: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717~ 240-6225 by FAX at ~ or by Internet @ or Service Type Page 2 of 2 OMB NO.: 0970-0154 Expiration Date: 12/31/00 Form EN-028 Worker ID Defendant/Obligor: PACSES Case Number 333104468/~-~ Plaintiff Name DIAN]CA K. CORN-MAN Docket Attachment Amount 01-7233 CIVIL $ 200.00 Child(ren)'s Name(s): ADDENDUM Summary of Cases on Attachment CORNMAN, DOB FREDERICK L. PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): DOB [] If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. '[--[ If checked, you are required to enroll the child(ren) identified above in any health insurance coverage availab e through the employee's/obligor's emploYment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): DOB [] If checked, you are required to enroll the child(ten) identified above in any health insurance coverage available through the employee's/obligor's employment. [] If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo ChiJd(ren)'s Name(s): DOB [] If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. [] If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. Service Type M Addendum OMB NO.: 0970-0154 Expiration Date: 12/31/00 Form EN-028 Worker ID STATT ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania ,~C~'~ Co./Ci~/Dist. of Date of Order/Notice ~0/08/02 Tribunal/Case Number (S~ Addendum for case summary) EmployerA,Vithholder's Federal EIN Number PRESBYTERIAN HOMES INC 1217 SLATE HILL RD CAMP HILL PA 17011-8012 RE: CORNMAN, O Original Order/Notice O Amended Order/Notice {~) Terminate Order/Notice FREDERICK L. Employee/Obligor'sName(Last, First, MI) 172-32-0389 Employee/Obligor's Social Securib/Number 5329100866 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent,s Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 0.00 per month in current support $ 0.00 per month in past-due support Arrears 12 weeks or greater? Oyes (~) no $ 0. oo per month in medical support $ o. oo per month for genetic test costs $ per month in other (specify) for a total of $ 0.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 0.00 per weekly pay period. $ o. 00 per biweekly pay period (every two weeks). $ 0.00 per semimonthly pay period (twice a month). $ o. oo per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the emplOYee's/obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #10 on pg. 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SC DU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: Date of Order: OCT 8 ~ J OMB NO.: 0970-0154 Service Type M Form EN-028 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS [] If checked you are required to prpvide acopy of th s form to your emoloyee. If your employee works in a state thatis different from the state that issubcl this order, a copy must be provided to your employee even if the box is not checked. 1. We appreciate the voluntary compliance of Federally recognized Indian tribes, tribally-owned businesses, and Indian-owned businesses located on a reservation that choose to withhold in accordance with this notice. 2. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 3. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. ~'"y ........................s ..................... Yo ply ith the I of th ,,,,,,~,~,,, ,,a= ,,,L,,,,~,,~ ,,~,,,, L,,~ ~,,,~,,~,~, v,,~. u must com w aw e state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 5.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of emPloyment. You must honor all Orders/Notices to the greatest extent possible. (See #10 below) 6. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. WITHHOLDER'S ID: 231381~0~0 EMPLOYEE'S/OBLIGOR'S NAME: CORNMAN, FREDERICK L. EMPLOYEE'S CASE IDENTIFIER:. 5329~.00866 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 7. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. §. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligOr's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs Unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/°bligo~ from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withho d rig. Pennsylvania State .law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 10.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection ACt (15 U.S.C. §1673 (b)l; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. 11. Additional Info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. Submitted By: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at ~ or by internet www.childsupport.state.pa, us Service Type M Page 2 of 2 OMB NO.: 0970-0154 Form EN-028 Worker ID $IATT FREDERICK L. CORNMAN, Plaintiff, V. DIANNA K. CORNMAN, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA _. : CML ACTION - LAW : 01-7233 CIVIL TERM : : IN DIVORCE NOTICE 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 in divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DMSION 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, Pennsylvania 17013 717-249-3166 1-800-990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. FREDERICK L. CORNMAN, Plaintiff, V. DIANNA K. CORNMAN, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA .. : CIVIL ACTION - LAW : 01-7233 CIVIL TERM : : IN DIVORCE AMENDED COMPLAINT IN DIVORCE AND NOW, comes the Plaintiff, Frederick L. Comman, by and through his attorneys, IRWIN, McKNIGHT & HUGHES, Esquires, and files this Amended Complaint in Divorce against the Defendant upon the cause of action hereinafter set forth: COUNT I - EQUITABLE DISTRIBUTION 1. The allegations of Paragraph 1 through 8 of the Divorce Complaint are incorporated herein as if fully set forth above. 2. The parties have been unable to determine and equitably dispose of their respective rights and interests in the marital property. 3. Defendant will, within 60 days after service of this Amended Complaint upon Plaintiff, cause to be filed an inventory and appraisement of all property owned or possessed at the time this Amended Complaint is filed. WHEREFORE, Defendant requests the Court to equitably divide, distribute and assign the marital property pursuant to the provisions of Section 3502 of the Divorce Code. Date: January 0 [ ,2003 By: Respectfully submitted, IRWIN, McKNIGHT & HUGHES Rebecca R. Hughes, E~4ui~/ Attorney for Plaintiff t~/ 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Supreme Court I. D. No. 67212 CERTIFICATE OF SERVICE I the undersigned hereby certify that on this 21st day of January, 2003, a copy of the foregoing document was served by first-class, postage prepaid United States mail in Carlisle, Pennsylvania upon the following: Jerry Weigle, Esquire Weigle & Associates, P.C. 126 East King Street Shippensburg, PA 17257-1397 IRWIN, McKNIGHT & HUGHES Traci D. Smith ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 01/26/04 Tribunal/Case Number (S~Addendum for case C) Original Order/Notice C) Amended Order/Notice (~) Terminate Order/Notice EmployerANithholder's Federal EIN Number BOCIA~ SECURITY ADMINISTRATION C/O BETH GRONINGER MINVERVA MILLS BLDG 401 E LOUTHER ST CARLISLE PA 17013-2657 RE: CORNMAN, FREDERICK L. Employee/Obligor's Name (Last, First, MI) 172-32-0389 Employee/Obligor's Social Security Number 5329100866 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 0.00 per month in current support $ o. 0o per month in past-due support Arrears 12 weeks or greated C)yes (~) no $ o. 0o per month in medical support $ o. g0 per month for genetic test costs $ per month in other (specify) for a total of $ 0. O0 per month to be forwarded to payee below~ You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ o. oo per weekly pay period. $ o. oo per biweekly pay period (every two weeks). $ o. 0o per semimonthly pay period (twice a month). $ 0. oo per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed $5% of the employee's/obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #10 on pg. 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877~676-9580 for instructions. Make Remittance Payable to: PA $CDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obllgor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. Date of Order: JAN 2 7 200/, .' Form ~ Service Type M OMB No.: 0070~S, Worker lB $OINC ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS [] I~ ghecke~l you are required to provide a ~:opy of this form to your~mployee. If yogr empJoye~.works in a state that;is di~Terent trom the state that issued this oreer, a copy must be proviaed to your employee even it the box is not checked. 1. We appreciate the voluntary compliance of Federally recognized Indian tribes, tribally-owned businesses, and Indian-owned businesses located on a reservation that choose to withhold in accordance with this notice. 2. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 3. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. ~,oy,,o,~,,,o,~ ,,, ,,,,,,,,,,,,~,,,~ ,: ,,,~ ,~,,,~ ,,,, ,,,,.~,, ,~,,,u-,,~ ,,o~ ,,,,,,,,~,,~ ..~,,, ~,,~ ~,-e,'~y~ ~ ,,ose:. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. $.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #10 below) 6. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. WITHHOLDER'S ID: 8384100092 EMPLOYEE'S/OBLIGOR'S NAME: CORNMAN, FREDERICK L. EMPLOYEE'S CASE IDENTIFIER:. 5399100866 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 7. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 8. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania Slate law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 10.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.C. §1673 (b)l; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. 11. Additional Info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. Submitted By: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 If you or your employee/obligor have any questions, contact WAGE A~I-ACHMENT UNiT by telephone at (717) 240.6225 or by FAX at (71 71 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Service Type M O~A[~NO.:0970~)154 Worker ID $OINC ADDENDUM Summary of Cases on Attachment Defendant/Obligor: CORNMAN, FREDERICK T,. PACSES Case Number 333104468 Plaintiff Name DIAlfNA K. CORNMAN Docket Attachment Amount 01-7233 CIVIL $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): DOB [] f checked, you are required to enroll the child(ren) identified above in any health insurance coverage ava lable through the employee's/obligor's employment. [] If checked, you are required to enroll the chiJd(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number PiaintiffName Docket Attachment Amount $ o.oo Child(ren)'s Name(s): DOB [] If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available throu§h the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB i ii!iliiiiiiiiiiiiiiiiii!iiiiiiiiiiiiiiiiiiiiiiiiiiii i ii iii iii iii i li iii i il iii i!i i il iii i il iii iii iii iii iii i i i iii i ii,ii i~~i~ii~~i~iiii~iiiiiiiiiiiiii~~i!i~~~i!~i~~~i~iiiii~i~iiii~iiiiiiii~iiiiii~i!iii~i~ii~iii~~~iiiiiiiiiiiiiiiiiiiiii~iii~i~iii~i~i~~ ~i~i~~!iiiiiiiiii!iii~i~i~i~ii~i~!i~~~~i~iiiii~ii~iiiiiiiii~iiiii~i~ii~i!!ii~iiiiiiiiiiiiiiiiiiii?iiii~i~iii~i!i~iiii~i i i i iii iii iii iii iii i i il il iii iii iii iii i il iii i li iii iii iii i!i i il i iiiiiiiiiiiiiiii!iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii!iiiiiiiiiiii [] If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.o0 Child(ren)'s Name(s): DOB il ii i?iiiii!iliiiiii!ii!iiiiiiiiiiiiiiiiii?iiii ii~ iii i il ili iil iil ili li!ili iii iiiiiiiiiiiiiii iii i ii ili iil iii iil ili!i! iil ili iii iii iii iii iii iii iii ili iii iil iii iil iii iil iii iii iil iii iii iii ili iii iii ili i!i iii ili iil iil iil iii i!i iil ili ill iii ill iii :. []If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo ChiJd(ren)'s Name(s): DOB [] If checked, you are required to enroll the child(ten) identified above in any health insurance coverage available through the empioyee's/obligor's employment. Addendum Form EN-028 Worker ID $O'rNC Service Type M OMB NO.: 0970~154 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION DIANNA K. CORNMAN Plaintiff vs. FREDERICK L. CORNMAN Defendant ) Docket Number ) ) PACSES Case Number ) ) Other State ID Number 01-7233 CIVIL 333104468 ORDER AND NOW, to wit, on this 26TH DAY OF JANUARY, 2004 IT IS HEREBY ORDERED that the support order in this case be (~ Vacated or (~ Suspended or (~) Terminated without prejudice or (~ Terminated and Vacated, effective JANUARY 1, 2004 , due to: THE PARTIES' MARRIAGE SETTLEMENT AGREEMENT. THERE IS A REMAINING BALANCE OF $35.49 OWED TO THE pLAINTIFF TH3kT IS TO BE PAID IN FULL, EITHER BY THE NEXT WAGE ATTACHED pAYMENT OR BY THE DEFENDAIqT IF THE ATTACH3tENT IS TERMINATED BEFORE THE NEXT PAY DATE. DRO: RJ Shadday xc: plaintiff defendarit Jerry Weigle, Esquire Jason Kutulakis, Esquire Keiv~ A. Hesl JUDGE Form OE-504 Service Type M Worker ID 21005 FREDERICK L. CORNMAN, Plaintiff, DIANNA K. CORNMAN, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 01-7233 CIVIL TERM IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on December 28, 2001. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. I consent to the entry of a final decree in divorce. 4. 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. I verify that the statements made in this affidavit are tree and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Date: FREDERICK L. CORNMAN Plaintiff FREDERICK L. CORNMAN, : IN THK COURT OF COMMON PLEAS OF Plaintiff, DIANNA K. CORNMAN, Defendant. : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : 01-7233 CIVIL TERM : : IN DIVORCE 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 of 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 made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. FREDERICK L. CORNMAN Plaintiff FREDERICK L. CORNMAN, Plaintiff, DIANNA K. CORNMAN, Defendant. : IN THE COURT 'OF COMMON PLEAS OF : CUMBERLAND ~COUNTY, PENNSYLVANIA : CIVIL ACTION .. LAW : 01-7233 CIVIL TERM : : IN DIVORCE ACCEPTANCE OF SERVICE I, Jerry A. Weigle, Esquire, attorney for the Defendant, Dianna K. Comman, in the above-captioned matter, hereby accept service of the Complaint which was filed on December 28, 2001. Date: January 5, 2002 ('-~' J~ /~, ~. W~'gle, Esquire ' /]tttorney for Defendant Dianna K. Comman FREDERICK L. CORNMAN, Plaintiff, DIANNA K. CORNMAN, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : 01-7233 CIVIL TERM : : IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on December 28, 2001. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. I consent to the entry of a final decree in divorce. 4. 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 divome is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 ]?a. C. S. Section 4904 relating to unsworn falsification to authorities. Date: DIANNA K. CORNMAN Defendant FREDERICK L. CORNMAN, : IN 'I'HE COURT OF COMMON PLEAS OF Plaintiff, DIANNA K. CORNMAN, Defendant. : CUMBERLAND COUNTY, PENNSYLVANIA ; : CIVIL ACTION - LAW : 01-7233 CIVIL TERM : : IN DIVORCE 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 of 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. ! verify that the statements made in this affidavit are tree and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: DIANNA K. CORNMAN Defendant FREDERICK L. CORNMAN, Plaintiff vs. DIANNA K. CORNMAN, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01 - 7233 CIVIL IN DIVORCE ORDER OF COURT 2004, the AND NOW, this /~ r~ day of , economic claims raised in the proceedings having been resolved in accordance with a marriage settlement agreement dated January 21, 2004, the appointment vacated and counsel can file a praecipe to the Court requesting a final decree in of the Master is transmitting the record divorce. BY THE COURT, cc: Douglas G. Miller Attorney for Plaintiff Jerry A. Weigle Attorney for Defendant Geo: MARRIA GE SETTLEMENT AGREEMENT THIS AGREEMENT made this~d~_ day of ...-/~! L(("{.,,,((_~, 20 , by and between DIANNA K. CORNMAN, (hereinafter referred to as "WIFE") and FREDERICK L. CORNMAN, (hereinafter referred to as "HUSBAND"). WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully mmxied on February 4, 1963; and WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of HUSBAND and WIFE to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property fights and obligations as between each other, including, but not limited to the settling of all matters between them relating to the ownership and equitable distribution of real and personal property, the settling of all claims and possible claims by one against the other or against their respective estates, and the equitable distribution of property and alimony for each party. The parties hereto agree and covenant as follows: The parties intend to maintain separate and permanent ,domiciles and to live apart from each other. It is the intent and purpose of this Agreement to set forth the respective fights and duties of the parties while they continue to live apart from each other. The parties have attempted to divide their matrimonial property in a manner which conforms to a just and right standard, with due regard to the rights of each party. It is the intent of the parties that such division shall be final and shall forever determine their respective rights. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. Further, the parties agree to continue living separately and apart from the other at any place or places that he or she may select as they have heretofore been doing. Neither party shall molest, harass, annoy, injure, threaten or interfere with the other party in any matter whatsoever. Each party may carry on and engage in any employment, profession, business or other activity as he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere with the uses, ownership, enjoyment or disposition of any property now owned and not specified herein or property hereafter acquired by the other. The consideration for this contract and agreement is the mutual benefit to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. Each party to the Agreement acknowledges and declares that he or she, respectively: (1) Is represented by counsel of his or her own choosing, or if not represented by counsel, understands that he or she has the right to counsel: HUSBAND is represented by Douglas G. Miller, Esquire of Irwin & McKnight; WIFE is represented by Jerry A. Weigle, Esquire of Weigle & Associates, P.C.; (2) Is fully and completely informed of the facts relating to the subject matter of this Agreement and of the rights and liabilities of the parties; (3) Is entering into this Agreement voluntarily after receiving the advice of counsel or after choosing not to consult an attorney; (4) Has given careful and mature thought to the making of this Agreement; (5) Has carefully read each provision of this Agreement; and (6) Fully and completely understands each provision of this Agreement, both as to the subject matter and legal effect of each provision. This Agreement shall become effective immediately as of the date of execution. It is the purpose and intent of this Agreement to settle f0re/,er and completely the interest and obligations of the parties in all property that they own separately, and all property that would qualify as marital property under the Pennsylvania Divorce Code, Title 23, Section 401(e), and that is referred to in this Agreement as "Marital Property", as between themselves, their heirs and assigns. The parties have attempted to divide their Marital Property in a manner that conforms to a just and fair standard, with due regard to-the rights of each party. The division of existing Marital Property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting a part of the marital estate. It is the further purpose of this Agreement to settle forever and completely any obligation under the Pennsylvania Divorce Code relating to spousal support or alimony. Each party represents and warrants that he or she has made a full and fair disclosure to the other of all of his or her property interests of any nature, including any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any property is subject. Each 3 party further represents that he or she has made a full and fair disclosure of all debts and obligations of any nature for which he or she is currently liable or may become liable. Each further represents and warrants that he or she has not made any gifts or transfers for inadequate consideration of Marital Property without the prior consent of the other. Each Party acknowledges that, to the extent desired, he or she has had access to all joint and separate State and Federal Tax Returns filed by or on behalf of either or both Parties during marriage. REAL ESTATE: WIFE agrees to transfer all right, title and interest which she may have in thai marital property located at 614 North Middle Ro.~td, Newville, Cumberland County County, Pennsylvania, 17241 and any improvements thereon to HUSBAND and releases all claims which she may have regarding said real estate in accordance with this paragraph. HUSBAND agrees to pay any outstanding payments on any mortgages on said property, as well as all real estate taxes, insurance, and any maintenance artd repair costs, and hold WIFE harmless from any obligations on said payments and indemni£y her if any claim is made against her. In furtherance of the transfer of all right, title and interest in said real estate, WIFE hereby agrees to execute a Deed conveying her interest in the property to HUSBAND. HUSBAND further agrees to pay WIFE the sum of Twenty Thousand and 00/100 ($20,000.00) Dollars. The payment of this amount to WIFE is conditional upon her signature of this Agreement as well as her payment in full of the outstanding Sears Mastercard bill as referenced in Paragraph 11 below. If WIFE should fail to pay the outstanding credit card balance HUSBAND will deduct the amount due to Sears Mastercard from the Twenty Thousand and 00/100 ($20,000.00) Dollars to satisfy the outstanding balance and pay the remainder of said sum to WIFE. 4 SUPPORT: Following the execution of this Agreement, it is the mutual desire of the parties that HUSBAND will not be required to pay spousal support, alimony, alimony pendente lite, or any other financial support to WIFE, and that WIFE will not be required to pay spousal support, alimony, alimony pendente lite, or any other financial support to HUSBAND. It is recognized that HUSBAND is currently paying alimony pendente lite to WIFE through an order with the Cumberland County Domestic Relations Office. The parties agree that HUSBAND shall remain responsible for the payment to WIFE of any support amounts including any arrearages existing on December 31, 2003i Any charges or withholdings from HUSBAND occurring after December 31, 2003 shall either be credited to ,,;aid amounts existing on December 31, 2003, or, in the event there is no arrearage amount, refunded to HUSBAND. PERSONAL PROPERTY: The parties agree that the personal property has been divided to the parties' mutual satisfaction. WIFE hereby waives all fight, title and interest which she may have in any personal property of the HUSBAND. HUSBAND likewise waives any fight, title and interest which he has in the personal property of WIFE. Henceforth, each of the parties shall own, have and enjoy independently of any claim or right of the other party, all items of personal property of every kind, nature and descriptie~n and wherever situated, which are then owned or held by or which may hereafter belong to HUSBAND or WIFE with full power to HUSBAND or WIFE to dispose of the same as fully and effectually, in all respects and for all purposes as if he or she were unmarried. 10. AUTOMOBILES: WIFE hereby waives all right, title and interest in any vehicle that HUSBAND currently owns or may own in the future, and within thirty (30) days of this Agreement agrees to execute all documents necessary to transfer title of any jointly titled vehicles that HUSBAND may have in his possession. HUSBAND shall hold WIFE harmless for any and all liability associated with the use and purchase of any vehicle he may own, and shall be solely responsible for all insurance and other financial :responsibility associated with said vehicle. HUSBAND hereby waives all right, title and interest in any vehicle that WIFE currently owns or may own in the future. HUSBAND hereby waives all right, title and interest in any vehicle that WIFE currently owns or may own in the future, and within thirty (30) days of this Agreement agrees to execute all documents necessary to transfer title of any jointly titled vehicles that WIFE may have in her possession. WIFE shall hold HUSBAND harmless for any and all liability associated with the use and purchase of any vehicle she may own, and shall be solely responsible for all insurance and other financial responsibility associated with said vehicle. 11. MARITAL DEBTS: It is further mutually agreed by and between the parties that WIFE shall assume all liability for and pay and indemnify the HUSBAND against all debts incurred by WIFE after the date of separation. WIFE represents and warrants to HUSBAND that since the parties' marital separation she has not contracted or incurred any debt or liability for which HUSBAND or his estate might be responsible and WIFE further represents and warrants to HUSBAND that she will not contract or incur any debt or liability after the execution of this Agreement, for which HUSBAND or his estate might be responsible. WIFE shall indemnify and save HUSBAND harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. In particular, WIFE hereby agrees to assume all liability for and pay and indemnify HUSBAND against the outstanding bill owed on the Sears Mastercard in the approximate amount of $1,115.77, together with all accrued charges, interest, and late charges, and shall ensure that HUSBAND'S name is not associated with said account, including, if necessary to cancel said credit card. 6 HUSBAND shall assume all liability for and pay and indemnify the WIFE against all debts incurred by HUSBAND after the date of separation. HUSBAND represents and warrants to WIFE that since the parties' marital separation he has not contracted or incurred any debt or liability for which WIFE or her estate might be responsible trod HUSBAND further represents and warrants to WIFE that he will not contract or incur any debt or liability after the execution of this Agreement, for which WIFE or her estate might be responsible. HUSBAND shall indemnify and save WIFE harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. 12. INSURANCE AND EMPLOYEE BENEFITS: The parties agree that any life insurance policies on the life of HUSBAND Or WIFE or any other employee benefits, including but not limited to retirement, profit sharing or medical benefits of either party, shall be their own. 13. BENEFITS, STOCK AND BANK ACCOUNTS: WIFE agrees to waive all right, title and interest which she may have in the savings or checking or any other bank accounts of HUSBAND and likewise HUSBAND agrees to waive all right, title and interest which he may have in the savings or checking or any other bank accounts of WIFE. 14. DIVORCE: The parties both agree to cooperate with each other in obtaining a final divorce of the marriage. It is agreed that the parties will execute and file the consents necessary to obtain the divorce. Any party who fails to cooperate with obtaining the Divorce shall pay all the costs and legal fees of the party who is seeking the divorce. 7 15. BREACH: If either party breaches any provisions of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party broaching this contract shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. 16. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments [hat may be reasonably required to give full force and effect to the provisions of this Agreement. 17. VOLUNTARY EXECUTION: The provisions of thais Agreement and their legal effect have been fully explained to the parties by their respective counsel, are fully understood by both parties, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any daress or undue influence. It is the parties' intent that this Agreement does not merge with the Divorce Decree, but rather shall continue to have independent contractual significance. ]Each party maintains his or her contractual remedies or any other remedies provided by law or statute. Those remedies shall include, but not be limited to, damages resulting from breach of this Agreement, specific enforcement of this Agreement and remedies pertaining to failure to comply with an order of court or agreement pertaining to equitable distribution, alimony, alimony pendente lite, counsel fees and costs as set forth in the Pennsylvania Divorce Code or other similar statutes now in effect and as amended or hereafter enacted. 18. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. APPLICABLE LAW: Commonwealth of Pennsylvania. 19. This Agreement shall be construed under the Laws of the 20. PRIOR AGREEMENTS: It is understood and agreed that any and all property settlement agreements which may or have been executed prior tO the date and time of this Agreement are null and void and of no effect. 21. PAYMENT OF COSTS: Each party shall be responsible for their own attorneys fees and costs incurred in the settlement of the divorce and economic issues surrounding this divorce. 22. WAIVER OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, courtesy, 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, 9 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. IN WITNESS WHEREOF, the parties hereunto have: set their hands and seals the day and year first above written. WITNESSES: ~/ ~_'J~.~. X. (~!.4-~?-,, (SEAL) DIANNA K. CORNMAN FREDERICK L. CORNMAN (SEAL) lO STATE OF fZ ~ [~' t Q/~ : : SS: COUNTY OF .~'A~-~'cc, : ~ PERSONALLY APPEARED BEFORE ME, this _2,!,c~ day of L/~o*-~I , ¢ 200t(, a Notary Public, DIANNA K. CORNMAN, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. :~ i~I¥ COMMIsSiON # DD ~ 18452 ~*~ EXPIRES: May 16 2~ // -~Notary Public COMMONWEALTH OF PENNSYLVANIA : : SS: COUNTY OF CUMBERLAND : PERSONALLY APPEARED BEFORE ME, this ,0/~ t~ day of Cp,."/qlytt~ ~ 200~, a Notary Public, FREDERICK L. CORNMAN, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. ~iotaryUffublic ~ 11 FREDERICK L. CORNMAN, Plaintiff, DIANNA K. CORNMAN, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION .- LAW : 01-7233 CIVIL TERM : : IN DIVORCE PRAECIPE TO WITHDRAW APPEARANCE To Curtis R. Long, Prothonotary: Please withdraw the appearance of Jason Kutulakis, Esquire on behalf of the Plaintiff, Frederick L. Comman, in the above captioned case. Respectfully Submitted, Dated: q ~ ~ -' ,2004 K~,t//UTULAKIS JasoO Kutulakis, Esquire SuprEme Court I.D. No. 36 South Hanover Street · Carlisle, Pennsylvania 17013 (717) 249-0900 PRAECIPE TO ENTER APPEARANCE To Curtis R. Long, Prothonotary: Please enter my appearance on behalf of the Plaintiff, Frederick L. Comman, in the above captioned case. Respectfully Submitted, Date: ~ q ,2004 IRWIN & McKNIGHT DoUglas ~.'~Iill~r, Esquir~ ' Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 CERTIFICATE OF SERVICE I the undersigned hereby certify that on this 5th day of May, 2004, a copy of the foregoing document was served by first-class, postage prepaid United States mail in Carlisle, Pennsylvania upon the following: Jerry Weigle, Esquire Weigle & Associates, P.C. 126 East King Street Shippensburg, PA 17257-1397 IRWIN & McKNIGHT ~'lYaci D. Smith, Secr~-tary to Douglas G. Miller, Esquire FREDERICK L. CORNMAN, Plaintiff, V. DIANNA K. CORNMAN, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 01-7233 CIVIL TERM IN DIVORCE To the Prothonotary: PRAECIPE TO TRANSMIT RECORD Transmit the record, together with the following infom~ation, 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 complaint: A certified copy of the Complaint in Divorce was served upon the defendant, Dianna K. Comman on December 28, 2001. An Affidavit of Service was filed with the Prothonotary's Office on March 29, 2004. 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: March 18, 2004; by defendant: March 26, 2004 (b)(1) Date of execution of the affidavit required by Section 3301 (d) of the Divorce Code: (b)(2) Date of filing and service of the plaintiffs affidavit upon the defendant: 4. Related claims pending: NONE. 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: (b) Date plaintiffs Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: March 29, 2004. Date defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: March 29, 2004 Oouglas~., Miller, Esquir~ Attorney for Plaintiff Date: March 29, 2004 FREDERICK L. CORtOiAN Plaintiff VERSUS DIANNA K. CORe,AN, INTHE COURT Of COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~~, PENNA. No. 01-7233 Civil DECREE IN DIVORCE AND NOW, DECREED THAT ]?P-F'lr)ERTCK L. AND DI~ K. ARE DIVORCED FROM THE BONDS OF MATRIMONY. ~O~~, 1T IS ORDERED AND , PLAINTIFF, , DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HaVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The Marriage Settlement Agreement dn~d Januar~ 21, 2004, and signed by the parties is hereby incorporated into this decree but not merged. BY The COURT: ,/ Atte/~/~ /~ PROTHONOTARY