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HomeMy WebLinkAbout04-4809KjELL I. ENGE, Plaintiff V. PILAR MARTINEZ-ENGE, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 6/- CIVIL ACTION -LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you 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, Pennsylvania. 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 32 South Bedford Street Carlisle PA 17013 (717) 249-3166 Le ban demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (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 pueda entrar una orden contra usted sin previo aviso o notificacion y per cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DI ECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL 32 South Bedford Street Carlisle PA 17013 (717) 249-3166 KJELL I. ENGE, Plaintiff V. PILAR MARTINEZ-ENGE, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. O`/- 4FoI : CIVIL ACTION -LAW IN DIVORCE COMPLAINT FOR DIVORCE UNDER SECTION 3301(C) OR 3301(D) OF THE DIVORCE CODE AND NOW, comes the above-named Plaintiff, Kjell I. Enge, by his attorney, Mark A. Mateya, Esquire, and seeks to obtain a Decree in Divorce from the above-named Defendant upon the grounds hereinafter more fully set forth. Plaintiff is Kjell I. Enge, an adult individual who currently resides at 333 York Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. All legal papers maybe served on Plaintiff by service on his Attorney, Mark A. Mateya, Esquire with a mailing address of P.O. Box 127, Boiling Springs, PA 17007. 3. Defendant is Pilar Martinez-Enge, an adult individual who currently resides at 333 York Road, Carlisle, Cumberland County, PA 17013. 4. Defendant is not a natural citizen of the United States, but is an alien/Spanish citizen. Plaintiff and Defendant are bona fide residents of the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. The parties continue to live together in a platonic relationship. 6. The Plaintiff and Defendant were married on January 2, 1981, in Boston, Massachusetts. There have been no prior actions of divorce or for annulment of marriage between the Parties in this or any other jurisdiction. 8. The parties are not the parents of any children as a result of this marriage. 9. The marriage is irretrievably broken. 10. Neither the Plaintiff nor the Defendant are members of the armed services of the United States or any of its allies. 11. Plaintiff has been advised that counseling is available and that plaintiff may have the right to request that the court require the parties to participate in counseling. Plaintiff requests the Court to enter a Decree of Divorce. 12. Respectfully submitted, By: L?L - Mark A. Mateya T Attorney I.D. No. 78931 P.O. Box 127 Dated a/z(?6q Boiling Springs, PA 17007 (717) 241-6500 Attorney for Plaintiff VERIFICATION I, Kjell I. Enge, verify that the facts set forth in the foregoing Complaint for Divorce are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are subject to the penalties of 18 Pa.C.S. § 4904, relating to unworn falsification to authorities. DATED: opv p I ZO 1 F (ae V Kjel I. nge 9J A C-Z F KJELL I. ENGE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04-4809 PILAR MARTINEZ-ENGE, : CIVIL ACTION -LAW Defendant : IN DIVORCE; AFFIDAVIT OF SERVICE AND NOW, this 29th day of September, 2004, comes Mark A. Mateya, Esquire, Attorney for Plaintiff, who, being duly sworn according to law, deposes and says that: 1. A Complaint for Divorce was filed to the above term and number on September 23, 2004. 2. On September 24, 2004, a certified copy of the Complaint in Divorce was sent to the Defendant via certified mail, restricted delivery, return receipt requested pursuant to Pa. R.C.P. 1920.4. 3. On September 24, 2004, a certified copy of the Complaint was set to the Defendant via first class mail, postage prepaid. A copy of the Certificate of ]Mailing is attached hereto as Exhibit `A' and is incorporated herein by reference. 4. On or about September 28, 2004, undersigned counsel for Plaintiffreceived the return receipt card signed by the Defendant on September 27, 2004. Said receipt is attached hereto as Exhibit "B" and is incorporated herein by reference. Respectfully submitted, Mark A. Mateya, Es uire Attorney I.D. No. 78931 P.O. Box 127 Boiling Springs, PA 17007 (717)241.-6500 (717) 241-3099 Fax Attorney for Plaintiff PROVIDE FOR INSURANCE - ""vni ivrvA? MAIL, DOES NOT POSTMASTER Received Frpm: AYA ESQ c ?Iy _ /" D. ?oX ??'I n One piece of ordinary mtil atldressed to a ?/ p (y?y?? p y . I c ? kn. oO N r C O ?DN 333 - nle ?1 Q/Q? W ?c.o NJ caorn.+v A4 Q ' (n m / / 7 - v a PS Form 3817, Mar. 1989 '- EXHIBIT C3 M1 •, ru m ' "A ru m a r F a „ postage $ ?_ Q R7 :; o M Certified Fee $2.3 30. . ? , X5007 J M GO (Endorser ¢q Requite) 31.?7 ? y r?? O o Res acted Delivery Fee (Endorsement Required) I r 3' ( •' j AHer lS.r m Total Postage B Fees $ 04<76X?90 l h e / LA e ----- A471A)E 7 2. i, PS rvmrua+-r-rrTeormry-zaw -wmwWrHmm f ra `F= SI .? :: ?T? ?? ? ? ? v CJ ? a??. ?? ' ? ??? -? ? <> C.J y - ? ? , ;'. Sri , C C y _. ? ? ?' 1 KJELL I. ENGE, Plaintiff V. PILAR MARTINEZ-ENGE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 20044809 CIVIL TERM CIVIL ACTION -- LAW IN DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE To Curtis R. Long, Prothonotary: Please enter my appearance on behalf of the defendant, PILAR MARTINEZ-ENGE, in the above captioned case. Respectfully submitted, IRWIN & By: Marcus A. McK¢i,o III, Esquire 60 West Pomfret reet Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for defendant Date: October 6, 2004 KJELL I. ENGE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 20044809 CIVIL TERM PILAR MARTINEZ-ENGE, CIVIL ACTION -- LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached Praecipe for Entry of Appearance was served upon the followin€; by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Mark A. Mataya, Esq. P. O. Box 127 Boiling Springs, PA 17007 IRWIN & McKNIGHT By: Marls A. McKni II) Es 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Supreme Court I.D. No. 25476 Date: October 6, 2004 Q'7 a? IN THE COURT OF COMPON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA e it I, Plaintiff vs, 0 d ?? CCS a s l N0. t4 l c I MOTION FOR AP° INT`-+,.." VT OF MASTER 1i' ! ! 1 Plaintif (Defendant), moves the court to appoint a suer with res p t to the following claims: Divorce Distribution of Property Annulment ( ) Support ( ) Alimony ( ) Counsel Fees ( ) Alimony Pendente Lite ( ) Costs and Expenses and in support or the motion states: (1) Discovery is complete as to the claims(s) for which the appointment of a master is requested. (2) The defendant (has) 'as not appeared in the action ersonally) (by hips attorney, Esquire). (3) The staturoryi ground(,s1 for divorce (is) (are) (&) Delete the inapplicable/paragraph(s): (a) The action is not contested. An agre the I (c) The action is contested with ?yjespect to the follow/?n claim: IV1lc? o OV-u GUl-)ta;r .O1 f rery?+n7 %4tt (5) The acti (in lves) does not involve complex issues " law or fat. (6) The hearing is expected to take ? (hours) (days). (7) Additional information, if any. relevant to the motion: Date: ORDER APPOINTING ;ASTER AND NOW ,19_, Esquire, is appointed master with respect to the following claims: By the Court: S 1 7 r - co (J i7 f_J KJELL I. ENGE, Plaintiff V. PILAR MARTINEZ-ENGE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-4809 : CIVIL ACTION -LAW IN DIVORCE PLAINTIFF'S MOTION TO COMPEL PRODUCTION OF DOCUMENTS AND ANSWER TO INTERROGATORIES TO THE HONORABLE JUDGES OF THE SAID COURT: Plaintiff, Kjell I. Enge, by and through his attorney, Mark A. Mateya, respectfully represent the following: 1. Plaintiff is Kjell I. Enge, who currently resides at 28 South Pitt Street, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defendant is Pilar Martinez-Enge, who currently resides at 335 York Road, Carlisle, Cumberland County, Pennsylvania, 17013. 3. In accordance with Pa. R. Civ. P. 4009, on March 9, 200.5, Plaintiff served Interrogatories and a Request for Production of Documents upon Defendant's attorney. 4. Plaintiffs Interrogatories sought information regarding Defendant's employment, any ownership in real estate, any and all assets, as well as any other financial information, to be provided within thirty (30) days of the date of service. 5. Plaintiff's Request for Production of Documents sought any and all documents relied upon in answering the Interrogatories, to be produced within thirty (30) days of the date of service. 6. As of September 9, 2005, today's date, Plaintiffs Interrogatories and Request for Production of Documents have not been answered. 7. Despite having filed the request on March 9, 2005, and despite repeated follow-up telephone calls requesting said information, Defendant's attorney has failed and refused to provide the requested information. WHEItEFORE plaintiffmoves this Honorable court to enter an order as follows: a. directing Defendant to answer Plaintiffs Interrogatories Order; within ten days of this Courts b, directing Defendant to produce an u pon :in answering the Interrogatories so that Plaintiffs attornoe ments relied u c. ordering Defendant to attorney may review said items; Pay Plaintiffs reasonable attorneys fees, costs and expenses in obtaining this order. Date: September 9, 2005 4 0? Respectfully submitted, Mark A. Matye Esquire Attorney I.D. No. 789.31 P.O. Box 127 Boiling Springs, PA 17007 (717) 241-6500 (717) 241-3099 Fax Counsel for Plaintiff CERTIFICATE OF SE RVICE I, Mark A. Mate Ya. Esquire, hereby certif to Compel Production Y that Ihave served a co of Doc pY ofthe Plaintiff uments and Answer to s Motion depositing a true Interrogatories, on the at folio and correct copy of the same in the United wirrg person(s) by Boiling Springs Cumberl States Mail and CountX first class, postage prepaid Pennsylvania addressed to: MARCUS A MCKNIGHT III ES IRWIN 60 & C IGIIT Q CARLISLE P POA4FR STREET A 17013 >ATED: 2 Q Mark A. M re P.0• Box 127 Boiling Springs, PA 17007 (717) 241-6500 Attorney for Defendant CIO T -., rn KJELL I. ENGE, Plaintiff V. PILAR MARTINEZ-ENGE, : Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-4809 CIVIL TERM ORDER OF COURT AND NOW, this 15th day of September, 2005, upon consideration of Plaintiff's Motion To Compel Production of Documents and Answer to Interrogatories, a Rule is hereby issued upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. BY THE COURT, r I I esl 4, J. Mark A. Mateya, Esq. P.O. Box 127 Boiling Springs, PA 17007 Attorney for Plaintiff Marcus A. McKnight, Esq. 60 West Pomfret Street Carlisle, PA 17013 Attorney for Defendant ife?cre :rc M'WASNN3d A3Ndc r1?vP:a 09 : I I WV 91 d3S SOR AbKO Nu; i0ir'd 3W. 3O KJELL I. ENGE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04-4809 PILAR MARTINEZ-ENGE, : CIVIL ACTION -LAW Defendant : IN DIVORCE MOTION TO MAKE RULE ABSOLUTE AND NOW, comes Plaintiff, Kjell I. Enge, by and through his attorney, Mark A. Mateya, Esquire, and respectfully represents: 1. That on March 9, 2005, Plaintiff's counsel served Interrogatories and Request for Production of Documents on Defendant's counsel. 2. As of September 9, 2005, Plaintiff's Interrogatories and Request for Production of Documents have not been responded to by opposing counsel. 3. Plaintiff's counsel filed Motion to Compel Production of Documents with this Court on September 12, 2005. 4. A Rule to Show Cause was issued upon Defendant's counsel on September 15, 2005, to show why the relief requested should not be granted. 5. No response to the Rule was filed and the requisite twenty (20) days has passed in which Defendant's counsel could respond to same. WHEREFORE, Petitioner respectfully requests that this ]Honorable Court issue an Order granting the relief requested as follows: a. Directing Defendant to answer Plaintiff's Interrogatories within ten days of this Court's Order; b. Directing Defendant to produce any documents relied upon in answering the Interrogatories so that Plaintiff's counsel may review said items; and c. Ordering Defendant to pay Plaintiff's reasonable attorneys fees, costs and expenses incurred in obtaining this Order in the amount of $510.00. d. Such other relief as this Honorable Court deems appropriate. Respectfully submitted, - W Mark A. Mateya, E ire P.O. Box 127 Boiling Springs, PA 17007 (717) 241-6500 (717) 241-3099 Fax Attorney for Plaintiff Dated: L( U? CERTIFICATE OF SERVICE I, Mark A. Mateya, Esquire, hereby certify that I have served a copy of the MOTION TO MAKE RULE ABSOLUTE on the following person(s) by depositing a true and correct copy of the same in the United States Mail, first class, postage prepaid, at Boiling Springs, Cumberland County, Pennsylvania addressed to: MARCUS A MCKNIGHT III ESQ IRWIN & MCKNIGHT 60 WEST POMFRET STREET CARLISLE PA 17013 Mark A. Mate , Esquire P.O. Box 127 Boiling Springs, PA 17007 (717) 241-6500 (717) 241-3099 Fax Attorney for Plaintiff DATED: OS CD c .a n: ` > y- i C > ?' [A J rn v • : Cfi °A KJELL L ENGE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW PILAR MARTINEZ-ENGE, : Defendant NO. 04-4909 CIVIL TERM ORDER OF COURT AND NOW, this 14`h day of October, 2005, upon consideration of Plaintiff's Motion To Make Rule Absolute, the motion is granted. It is hereby ordered and directed that within 30 days of the date of this order: 1. Defendant is ordered to answer Plaintiff's Interrogatories; and 2. Defendant is ordered to produce any documents relied upon in answering the interrogatories so that Plaintiff's counsel may review said items. BY THE COURT, '-Mark A. Mateya, Esq. P.O. Box 127 Boiling Springs, PA 17007 Attorney for Plaintiff ,,Macus A. McKnight, Esq. 60 West Pomfret Street Carlisle, PA 17013 Attorney for Defendant /ry\, . nl rc .(? t?I fj b. ?' ".1 TJ i - KJELL I. ENGE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 04-4809 PILAR MARTINEZ-ENGE, CIVIL ACTION -LAW Defendant IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Kjell I. Enge, Plaintiff, by and through his attorney, Mark A. Mateya, Esquire, moves This Honorable Court appoint a master with respect to the following claims: (X) Divorce ( ) Annulment (X) Alimony ( ) Alimony Pendente Lite (X) Distribution of Property O Support ( ) Counsel Fees ( ) Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims for which the appointment of a master is required; (2) Defendant, Pilar Marttinez-Enge is represented in this action by Marcus McKnight, Esquire. (3) The statutory grounds for divorce are 23 Pa.C.S. section 3301(d). (4) The action is contested with respect to the following claims: divorce, equitable distribution of the parties' marital property, alimony, and distribution of property. (5) The action involves complex issues of fact. (6) The hearing is expected to take one day. (7) Plaintiff, Kjell L Enge, filed a complaint in divorce on September 23, 2004. For a period of twenty (20) months, the parties have negotiated in an attempt to amicably resolve the claims at issue. Said negotiations have proven unsuccessful. WHEREFORE, Plaintiff, Kjell I. Enge, respectfully requests that This Honorable Court appoint a master with respect to his claim for divorce, equitable distribution of the parties' marital property, alimony, and distribution of property. Respectfully submitted, k?, k -U Mark A. Mateya, E quire P.O. Box 127 Boiling Springs, PA 17007 (717) 241-6500 (717) 241-3099 Fax Attorney for Plaintiff 00? Date: VERIFICATION MARK A. MATEYA, ESQUIRE, verifies that he is the attorney and agent for the Plaintiff herein, that the Plaintiffs verification cannot be obtained within the time allowed for the filing of this pleading, that as attorney for the Plaintiff, he has sufficient knowledge and information concerning the contents of the within document and that the facts set forth in the foregoing are true and correct to the best of his knowledge, information and belief. He understands that false statements made therein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. LUVIC MARK A. MATE O, ESQUIRE Dated: V ?/l? CERTIFICATE OF SERVICE I, Mark A. Mateya, Esquire, hereby certify that I have served a copy of the foregoing Motion for Appointment of Divorce Master on the following person(s) by depositing a true and correct copy of the same in the United States Mail, first class, postage prepaid, at Boiling Springs, Cumberland County, Pennsylvania addressed to: Marcus McKnight, Esq. 60 West Pomfret St. Carlisle, Pa 17013 Dated: 3 b 6 "A- l Mark A. Mateya, squire P.O. Box 127 Boiling Springs, PA 17007 (717) 241-6500 (717) 241-3099 Fax ?' KJELL I. ENGE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04-4809 PILAR MARTINEZ-ENGE, : CIVIL ACTION - LAW Defendant : IN DIVORCE ORDER APPOINTMENT MASTER AND NOW, this 0"day of I , 2006, a4rd &61i? J?t' , Esq. is appointed master with respect to the following claims: 1. Equitable Distribution; 2. Granting of Divorce Decree 3. Alimony 4. Distribution of Property BY TH OURT: C J. 3 i % KJELL I. ENGE, Plaintiff/Respondent V. PILAR MARTINEZ-ENGE, Defendant/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 20044809 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PETITION FOR ECONOMIC RELIEF AND NOW, this 7th day of November 2006, comes the Defendant/Petitioner, Pilar Martinez-Enge, by her attorneys, IRWIN & McKNIGHT, and makes the following Petition for Economic Relief against the Plaintiff/Respondent, Kjell I. Enge, as follows: 1. The Petitioner is Pilar Martinez-Enge who is the Defendant in a divorce action filed at in Cumberland County, Pennsylvania. Her address is 335 York Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Respondent is Kjell I. Enge who is the Plaintiff in this divorce action. His address is 28 South Pitt Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. The petitioner seeks the following relief from the Court: a. Equitable distribution of the marital assets; b. Alimony; C. Costs and expenses; and d. Counsel fees. WHEREFORE, the Petitioner, Pilar Martinez-Enge, requests the relief set forth above. Respectfully submitted, IRWIN & McKNIGHT By: Marcu A. ight, , Esq. 60' es P fret Street Carlisle, A 17013 717-249-2 Supreme Court I.D. No: 25476 Attorney for the Petitioner, Pilar Martinez-Enge Date: November 7, 2006 2 VERIFICATION The foregoing document is based upon information which has been gathered by counsel and us in the preparation of this action. We have read the statements made in this document and they are true and correct to the best of our knowledge, information and belief. We understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unworn falsification to authorities. A L Qa T7 /v ?/ PILAR MARTINEZ- NGE Date: November 7, 2006 r ?1 KJELL I. ENGE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04-4809 PILAR MARTINEZ-ENGE, : CIVIL ACTION - LAW Defendant : IN DIVORCE PETITIONER'S PRETRIAL STATEMENT FOR DIVORCE MASTER Petitioner, Kjell I. Enge, by and through his counsel, Mark A. Mateya, Esquire, files this Pretrial Statement, as required by Pennsylvania Rule of Civil Procedure 1920.33 and by direction of the duly appointed Divorce Master and avers the following: 1. ASSETS: item # Marital Property Value Date of Non-marital liens or valuation portion encumbrances 1. Residence 335 68,000 05/18/04 Mortgages York Road 2. Proceeds from 188,366 8/1/06 sale of real estate located at 333 York Road 3. Savings account H 25.00 Members 1 St FCU #37 4. Members 1St H S-25.57 FCU #902 CK- Savings, 15,236.00 Checking, MM - Money Market 1,172.85 5. 1986 Volswagen H 600.00 Golf 6. Ford Ranger H 1 4225.00 Pickup Trust 7. Fidelity H 114,616.00 12/6/05 Retirement Accts 8. Investments, H 122,024.00 12/6/05 tiaa-cref 9. Miscellaneous W 9/20/06 Personal Property 10. 1/4 ownership W 32,890.00 of house in Collado Mediano, Spain 11. Santander W 7,460.00 Central Hispano Checking Acct 12. Santander W 35,482.00 Central Hispano CD's 13. Wachovia - W 8,774.00 Time Deposit 14. Wachovia - W 25,130.00 High Performance 15. Wachovia W 5,047.00 Crown Classic BKG II. EXPERT WITNESS: None known at this time. Plaintiff reserves the right to call any experts deemed necessary. III. FACT WITNESSES: None known at this time. Plaintiff reserves the right to supplement this witness list. IV. EXHIBITS, MARKED AS PETITIONER'S EXHIBITS Plaintiff's exhibits are presently marked to correspond to the asset chart, Paragraph I above. V. INCOME INFORMATION See Plaintiff's Exhibit listed above and attached hereto. VI. EXPENSE INFORMATION See Plaintiff's Exhibit attached hereto. VII. PENSION INFORMATION: See Plaintiff's Exhibits 7 & 8 listed above and attached hereto. VIII. CLAIM FOR COUNSEL FEES: Defendant makes no claim for counsel fees. IX. DISPUTED ITEMS: X. MARITAL DEBTS: XI. PROPOSED RESOLUTION OF ECONOMIC ISSUES: a. Drafting the appropriate Qualified Domestic Relations Order which grants Defendant fifty (50%) percent of Plaintiff's pension; b. Fifty (50%) percent division of any remaining marital debts; Fifty (50%) percent division of the remaining proceeds from the sale of the real estate located at 333 York Road, Carlisle, Pennsylvania. d. Fifty (50%) percent division of the equity in the real estate located at 335 York Road, Carlisle, Pennsylvania. XII. ADDITIONAL ISSUES: None Respectfully submitted, d - Mark A. Mateya, 1315411ire Attorney I.D. 78931 P.O. Box 127 Boiling Springs, PA 17007 (717) 241-6500 (717) 241-3099 Fax r Counsel for Plaintiff Date: t CERTIFICATE OF SERVICE I, Mark A. Mateya, Esquire, hereby certify that I have served a copy of the foregoing Petitioner's Pretrial Statement for Divorce Master on the following person(s) by depositing a true and correct copy of the same in the United States Mail, first class, postage prepaid, at Boiling Springs, Cumberland County, Pennsylvania addressed to: Marcus McKnight, Esq. 60 West Pomfret St. Carlisle, Pa 17013 Office of Cumberland County Divorce Master 9 North Hanover Street Carlisle PA 17013 uk-K??- Mark A. Mateya, Esqu' P.O. Box 127 Boiling Springs, PA 17007 (717) 241-6500 (717) 241-3099 Fax Dated: Z 1 N { OD KJELL I. ENGE, Plaintiff V. PILAR MARTINEZ-ENGE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 20044809 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE MOTION OF DEFENDANT TO COMPEL ANSWERS TO DISCOVERY AND FOR SANCTIONS AND NOW, this 15th day of August 2007, comes the Defendant, Pilar Martinez-Enge, by her attorneys, IRWIN & McKNIGHT, pursuant to Rules 4009.1, 4009.11 and 4019 of the Pennsylvania Rules of Civil Procedure, to file this Motion to Compel Answers to Discovery and for Sanctions. In support thereof, the Defendant avers as follows: 1. The Defendant is Pilar Martinez-Enge who is the Defendant in a divorce action filed at in Cumberland County, Pennsylvania. Her address is 335 York Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Plaintiff is Kjell I. Enge who is the Plaintiff in this divorce action. His address is 28 South Pitt Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. The Defendant served Plaintiff with Interrogatories pursuant to Pa. R. Civ. P. 4009, on November 21, 2005. 2 4. Despite repeated letters and telephone calls requesting discovery necessary to proceed with the equitable distribution of the parties, the Plaintiff has failed and refused to provide the information requested. 5. The discovery information requested by the Defendant, but not provided by the Plaintiff are the year-end statements for 2003 and 2004 for the following retirement and investment accounts: A. Retirement Saving Accounts: 1. TIAA Traditional 2. CREF Stock 3. CREF Money Market B. Investments: 1. Population Council - Account #69577 2. Dickinson College Emeritii - Account #66640 3. Dickinson College - Account #56444 6. The Plaintiff has failed and refused to provide the information requested regarding his payroll deductions for the year 2004. 7. The Plaintiff has failed and refused to provide the information requested regarding the Plaintiff's complete 2006 income tax return. 3 8. The Plaintiff has failed and refused to provide the information requested regarding the Plaintiffs credit card information as indicated in paragraph twenty-seven (27 ) of the Defendant's Interrogatories to the Plaintiff 9. More than thirty (30) days have passed since service of the original request for Answers to Interrogatories in violation of Pennsylvania Rule of Civil Procedure 4009.12, which requires production of the requested documents or service of objections within thirty (30) days of service. 10. Despite being fully informed of his obligations pursuant to the Pennsylvania Rules of Civil Procedure, the Plaintiff failed to request a reasonable extension, timely serve respones and/or timely object to Defendant's request for Answers to Interrogatories. 11. As the requested Answers are now out of time, Defendant hereby requests this Honorable Court order the Plaintiff and his counsel to provide the Answers to the Interrogatories within ten (10) calendar days of the date of entry of the said Order. 12. The Defendant requests that said Order specify that no objections shall be permitted as any objections are out of time. 13. The Defendant further requests that all proceedings be stayed until the documents are provided and the Defendant is able to review said documents. 4 14. The Defendant also requests that attorney fees in the amount of $1,000.00 be paid to compensate the Defendant for costs incurred by Defendant in trying to obtain the above mentioned document and for the unjustified delay in responding to properly propounded discovery. WHEREFORE, for the reasons set for above, the Defendant, Pilar Martinez-Enge, respectfully requests that her Motion to Compel Answers to Discovery and for Sanctions in the form of attorney fees be granted.. Respectfully submitted, IRWIN & McKNIGHT By: 6 est Pomfret Street C lisle, PA 17013 717- -2353 Esq. Supreme 25476 Attorney for the Defendant, Pilar Martinez-Enge Date: August 15, 2007 5 VERIFICATION The foregoing document is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unworn falsification to authorities. PILAR MARTINEZ-EN E Date: August 15, 2007 6 KJELL I. ENGE, Plaintiff V. PILAR MARTINEZ-ENGE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-4809 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of the Motion of Defendant to Compel Answers to Discovery and for Santions was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: MARK A. MATEYA, ESQUIRE P. O. BOX 127 BOILING SPRINGS, PA 17007-0127 IRWIN & McKNIGHT Date: August 15, 2007 By: Marcus A. Mc fight, I s 60 West PomfrStreet Carlisle, PA 170 (717) 249-2353 Supreme Court I.D. No. 25476 7 ? p • Fri 7n ? -rt _ G.? { i m _? fb KJELL I. ENGE, Plaintiff V. PILAR MARTINEZ-ENGE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-4809 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AMENDED MOTION OF DEFENDANT TO COMPEL ANSWERS TO DISCOVERY AND FOR SANCTIONS AND NOW, this 20th day of August 2007, comes the Defendant, Pilar Martinez-Enge, by her attorneys, IRWIN & McKNIGHT, pursuant to Rules 4009.1, 4009.11 and 4019 of the Pennsylvania Rules of Civil Procedure, to file this Amended Motion to Compel Answers to Discovery and for Sanctions. In support thereof, the Defendant avers as follows: 1. The Defendant is Kjell I. Enge who is the Plaintiff in this divorce action. His address is 28 South Pitt Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Honorable Edgar B. Bayley has ruled in matters relating to the above-captioned case. 3. The opposing counsel, Mark A. Mateya, Esq., has not concurred with the filing of the Motion of Defendant to Compel Answers to Discovery and for Sanctions. WHEREFORE, for the reasons set for above, the Defendant, Pilar Martinez-Enge, respectfully requests that her Motion to Compel Answers to Discovery and for Sanctions in the form of attorney fees be granted. By: Date: August 20, 2007 Marcus OL: McKnig , , 60 West Pomfret Str Carlisle, PA 17013 717-249-2353 Supreme Court I.D. No: 25476 Attorney for the Defendant, Pilar Martinez-Enge Respectfully submitted, ?, `' --q tea ?; {,? c, ?{- - c? , .._. ° - .,? -; -` -r ?' -? ) C, ,- , ,_,,. ;? i ?' ? ? KJELL I. ENGE, Plaintiff V. PILAR MARTINEZ-ENGE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 20044809 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on September 23, 2004. 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 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. Date: ?Ie-2167 KJELL I. GE Plaintiff J rT KJELL I. ENGE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 20044809 CIVIL TERM PILAR MARTINEZ-ENGE, CIVIL ACTION - LAW Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301fc1 OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 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 unworn falsification to authorities. Date: )2z, 07 1 2 J"'I" KJELL I. NGE Plaintiff N KJELL I. ENGE, Plaintiff V. PILAR MARTINEZ-ENGE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 20044809 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on September 23, 2004. 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 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. Date: Z 2 200.GLt,C GKI`= PILAR MARTI EZ-ENG Defendant L' 1/ na ? _ V a nw?t? KJELL I. ENGE, Plaintiff V. PILAR MARTINEZ-ENGE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 20044809 CIVIL TERM CIVIL ACTION - LAW 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. 1 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 unworn falsification to authorities. Date: VZZ 240 PILAR MART EZ- E Defendant _ xmwP ? ? KJELL I. ENGE, Plaintiff VS. PILAR MARTINEZ-ENGE, Defendant ORDER OF COURT r-d- day of , AND NOW, this CIA ou4uok 2007, the parties and counsel having entered into in agreement and stipulation resolving the economic issues on August 22, 2007, the date set for a conference, the agreement and stipulation having been transcribed, the appointment of the Master is vacated and counsel can conclude the proceedings by the filing of a praecipe to transmit the record with the affidavits of consent of the parties so that a final decree in divorce can be entered. cc: a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04 - 4809 CIVIL IN DIVORCE /ark A. Mateya Attorney for Plaintiff _$/arcus A. McKnight, III Attorney for Defendant BY TH URT, 1 0A 4at'\ Edgar B. Bayley, P.J. ?1 LL3 mo w.. L„ J C-4 KJELL I. ENGE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 04 - 4809 CIVIL PILAR MARTINEZ-ENGE, Defendant IN DIVORCE THE MASTER: Today is Wednesday, August 22, 2007. This is the date set for a conference with counsel. and the parties. Present in the hearing room are the Plaintiff, Kjell I. Enge, and his counsel Mark A. Mateya, and the Defendant, Pilar Martinez-Enge, and her counsel Marcus A. McKnight, III. This action was commenced by the filing of a complaint in divorce on September 23, 2004, raising grounds for divorce of irretrievable breakdown of the marriage. No economic claims were raised in the complaint. With respect to the grounds for divorce, counsel have indicated that the parties are going to sign and give to the Master later today affidavits of consents and waivers of notice of intention to request entry of divorce decree so that the divorce can be concluded under Section 3301(c) of the Domestic Relations Code. The Master's office will file the affidavits and waivers with the Prothonotary. On November 8, 2006, a petition for economic relief was filed by wife's counsel raising economic claims of equitable distribution, alimony, and counsel fees and 1 r costs and expenses. The parties were married on January 2, 1981. The parties have a disagreement with respect to the date of separation. Wife claims the parties separated December 6, 2004, and husband avers that the parties separated March 13, 1996. However, with respect to the agreement which the parties have reached, counsel and the parties have agreed that the date of separation will not be an issue with respect to the resolution of the economic claims raised. There are no children of this marriage. The Master has been advised by counsel and the parties that after negotiations that they have reached an agreement with respect to the economic claims. The agreement is going to be placed on the record and the agreement as stated on the record will be considered the substantive agreement of the parties, not subject to any changes or modifications except for correction of typographical errors which may be made during the transcription. The agreement is going to be transcribed and the parties and counsel are going to return later today to review the agreement for typographical errors and make any correction of typographical errors as necessary. However, it is specifically understood that there will be no substantive changes to the agreement and that the parties are bound by the terms of the agreement when they leave the 2 i hearing room today even though they have not signed the agreement. The subsequent signing of the agreement by the parties is an affirmation of the terms of the agreement as stated on the record. The Master, upon receipt of the signed and completed agreement, which is contemplated to be finished today, will prepare an order vacating his appointment and counsel can then file a praecipe transmitting the record to the Court requesting a final decree in divorce. Mr. McKnight. MR. McKNIGHT: There are four major assets that the parties are going to be distributing as part of this settlement. 1. There is a house and real estate located at 335 York Road, South Middleton Township, Cumberland County, Pennsylvania, and that will become the asset of wife. The real estate at 335 York Road has already been conveyed to wife and she is the sole owner and occupant of that property. 2. There are two retirement accounts of husband, a Fidelity retirement account and a TIA-CREF account. From the TIA-CREF retirement account there will be a QDRO prepared by Harry Leister. The cost of the QDRO will be split equally between the parties. From the TIA-CREF account will be distributed $100,000.00 after all expenses to wife. The understanding of the parties is that the distribution from the TIA-CREF account will be rolled into an IRA account of the wife's or some other retirement account that she will designate. Therefore, it is contemplated that there will be no tax consequences or penalities as a result of the transfer of funds from this retirement account. 3. There is a second retirement account of husband with Fidelity and those funds will be husband's sole retirement 3 i account and he will be able to use those at his own discretion as he sees fit. 4. The escrow account is currently held at America Home Bank, account No. 000110981. From that escrow account husband will be receiving the sum of $20,000.00. The balance of the escrow funds will be distributed to the wife. The total balance as of August 15, 2007, is $183,667.12. For tax purposes, the interest will be split equally for the 2007 year by the parties. 5. All other personal property and finance accounts will remain in the sole title and possession of the party currently having those assets. 6. In addition, the parties own three cats currently in the custody of the wife. They are the husband's cats. He will have 90 days to decide what to do with them. He does agree, however, to pay for the prior vet bills and any current medication and food for the three cats until he takes possession of them. 7. Finally the alimony pendente lite award currently received by wife in the amount of $3,060.00 per month will be reduced as of September 1, 2007, to the sum of $2,500.00 per month. Husband agrees to pay all arrears on the current award on or before that date. This will continue to be paid through the Domestic Relations Office. It would be modifiable only in the event of a substantial change of circumstances, upon the death of either of the parties, remarriage of wife or cohabitation of wife with a person of the opposite sex. 8. Both parties will cooperate with the other in signing all documents necessary to transfer retirement accounts as described above and if either party refuses to sign any reasonable documents necessary, the party that is considered breaching the agreement will pay legal fees of the other. 9. The claim for counsel fees is hereby waived. All other issues that are outstanding, including discovery issues are also waived. 10. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation, statutory 4 allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. MR. McKNIGHT: We have described the settlement that we have negotiated this morning, Pilar, are you satisfied that this is a fair settlement? MS. MARTINEZ-ENGE: I agree. MR. McKNIGHT: And you agree with it? MS. MARTINEZ-ENGE: I agree with it. MR. McKNIGHT: And you are satisfied with my representation of your interest? MS. MARTINEZ-ENGE: Yes. MR. MATEYA: Kjell, you've heard the agreement that we have gone through and you've been part of the negotations, are you comfortable -- do you agree that this represents the agreement that we have reached? MR. ENGE: I agree. MR. MATEYA: Are you happy with my representation? 5 i 3 MR. ENGE: Yes, I am. THE MASTER: And you both understand that you are bound by this agreement even though you don't sign the agreement? MS. MARTINEZ-ENGE: Yes. MR. ENGE: Yes. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: UA- C - Mark A. MateyZaintiff Attorney for ii L M?rcus AKr?ght Aittornev,.)for De en DATE: Kj l I. Enge III Pilar Martinez-Enge dan 6 KJELL I. ENGE, Plaintiff V. PILAR MARTINEZ-ENGE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-4809 CIVIL TERM IN RE: DEFENDANT'S AMENDED MOTION TO COMPEL ANSWERS TO DISCOVERY AND FOR SANCTIONS BEFORE OLER, J. ORDER OF COURT AND NOW, this 27d' day of August, 2007, upon consideration of Defendant's Motion To Compel Answers to Discovery and for Sanctions (as amended), a Rule is hereby issued upon Plaintiff to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. BY THE COURT, ,,0ark A. Mateya, Esq. P.O. Box 127 Boiling Springs, PA 17007-0127 Attorney for Plaintiff Marcus A. McKnight, Esq. 60 West Pomfret Street Carlisle, PA 17013 Attorney for Defendant :rc C _n i r' f yr` eEAA p /+y! p t i W l * FJ r KJELL I. ENGE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2004-4809 CIVIL TERM PILAR MARTINEZ-ENGE, CIVIL ACTION - LAW Defendant IN DIVORCE To the Prothonotary: PRAECIPE TO TRANSMIT RECORD 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) and or (d) 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, Pilar Martinez-Enge, on or about September 27, 2004, by certified, restricted delivery mail, addressed to her at 333 York Road, Carlisle, Pennsylvania, 17013, with Return Receipt Number 7003 0500 0004 2325. 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: August 22, 2007; by defendant: August 22, 2007. (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: August 22, 2007. Date defendant's Waiver of Notice in Section 3301(c) pl"r7pled with the Prothonotary: August 22, 2007. / Plaintiff Esquire Date: -September 4, 2007 Ca o 0 Cam. -n ;?rtF rn n :r:jc;? rn Q A KJELL I. ENGE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 04 - 4809 CIVIL PILAR MARTINEZ-ENGE, Defendant IN DIVORCE THE MASTER: Today is Wednesday, August 22, 2007. This is the date set for a conference with counsel and the parties. Present in the hearing room are the Plaintiff, Kjell I. Enge, and his counsel Mark A. Mateya, and the Defendant, Pilar Martinez-Enge, and her counsel Marcus A. McKnight, III. This action was commenced by the filing of a complaint in divorce on September 23, 2004, raising grounds for divorce of irretrievable breakdown of the marriage. Nc economic claims were raised in the complaint. With respect to the grounds for divorce, counsel have indicated that the parties are going to sign and give to the Master later today affidavits of consents and waivers of notice of intention to request entry of divorce decree so that the divorce can be concluded under Section 3301(c) of the Domestic Relations Code. The Master's office will file the affidavits and waivers with the Prothonotary. On November 8, 2006, a petition for economic relief was filed by wife's counsel raising economic claims of equitable distribution, alimony, and counsel fees and 1 go costs and expenses. The parties were married on January 2, 1981. The parties have a disagreement with respect to the date of separation. Wife claims the parties separated December 6, 2004, and husband avers that the parties separated March 13, 1996. However, with respect to the agreement which the parties have reached, counsel and the parties have agreed that the date of separation will not be an issue with respect to the resolution of the economic claims raised. There are no children of this marriage. The Master has been advised by counsel and the parties that after negotiations that they have reached an agreement with respect to the economic claims. The agreement is going to be placed on the record and the agreement as stated on the record will be considered the substantive agreement of the parties, not subject to any changes or modifications except for correction of typographical errors which may be made during the transcription. The agreement is going to be transcribed and the parties and counsel are going to return later today to review the agreement for typographical errors and make any correction of typographical errors as necessary. However, it is specifically understood that there will be no substantive changes to the agreement and that the parties are bound by the terms of the agreement when they leave the 2 hearing room today even though they have not signed the agreement. The subsequent signing of the agreement by the parties is an affirmation of the terms of the agreement as stated on the record. The Master, upon receipt of the signed and completed agreement, which is contemplated to be finished today, will prepare an order vacating his appointment and counsel can then file a praecipe transmitting the record to the Court requesting a final decree in divorce. Mr. McKnight. MR. McKNIGHT: There are four major assets that the parties are going to be distributing as part of this settlement. 1. There is a house and real estate located at 335 York Road, South Middleton Township, Cumberland County, Pennsylvania, and that will become the asset of wife. The real estate at 335 York Road has already been conveyed to wife and she is the sole owner and occupant of that property. 2. There are two retirement accounts of husband, a Fidelity retirement account and a TIA-CREF account. From the TIA-CREF retirement account there will be a QDRO prepared by Harry Leister. The cost of the QDRO will be split equally between the parties. From the TIA-CREF account will be distributed $100,000.00 after all expenses to wife. The understanding of the parties is that the distribution from the TIA-CREF account will be rolled into an IRA account of the wife's or some other retirement account that she will designate. Therefore, it is contemplated that there will be no tax consequences or penalities as a result of the transfer of funds from this retirement account. 3. There is a second retirement account of husband with Fidelity and those funds will be husband's sole retirement 3 a. • account and he will be able to use those at his own discretion as he sees fit. 4. The escrow account is currently held at America Home Bank, account No. 000110981. From that escrow account husband will be receiving the sum of $20,000.00. The balance of the escrow funds will be distributed to the wife. The total balance as of August 15, 2007, is $183,667.12. For tax purposes, the interest will be split equally for the 2007 year by the parties. 5. All other personal property and finance accounts will remain in the sole title and possession of the party currently having those assets. 6. In addition, the parties own three cats currently in the custody of the wife. They are the husband's cats. He will have 90 days to decide what to do with them. He does agree, however, to pay for the prior vet bills and any current medication and food for the three cats until he takes possession of them. 7. Finally the alimony pendente lite award currently received by wife in the amount of $3,060.00 per month will be reduced as of September 1, 2007, to the sum of $2,500.00 per month. Husband agrees to pay all arrears on the current award on or before that date. This will continue to be paid through the Domestic Relations Office. It would be modifiable only in the event of a substantial change of circumstances, upon the death of either of the parties, remarriage of wife or cohabitation of wife with a person of the opposite sex. 8. Both parties will cooperate with the other in signing all documents necessary to transfer retirement accounts as described above and if either party refuses to sign any reasonable documents necessary, the party that is considered breaching the agreement will pay legal fees of the other. 9. The claim for counsel fees is hereby waived. All other issues that are outstanding, including discovery issues are also waived. 10. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation, statutory 4 • a allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. MR. McKNIGHT: We have described the settlement that we have negotiated this morning, Pilar, are you satisfied that this is a fair settlement? MS. MARTINEZ-ENGE: I agree. MR. McKNIGHT: And you agree with it? MS. MARTINEZ-ENGE: I agree with it. MR. McKNIGHT: And you are satisfied with my representation of your interest? MS. MARTINEZ-ENGE: Yes. MR. MATEYA: Kjell, you've heard the agreement that we have gone through and you've been part of the negotations, are you comfortable -- do you agree that this represents the agreement that we have reached? MR. ENGE: I agree. MR. MATEYA: Are you happy with my representation? 5 . 1% MR. ENGE: Yes, I am. THE MASTER: And you both understand that you are bound by this agreement even though you don't sign the agreement? MS. MARTINEZ-ENGE: Yes. MR. ENGE: Yes. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: t's A- , a Mark A. Mateya Attorney for Plaintiff DATE: 4 11 '0 ) (?? Kje 1 I. Enge AP7 arcus A. McKnight, I Pilar Martine -En ge ttorney or Defendan 6 _ ~t"Y ,.. 0 KJELL I. ENGE, Plaintiff V. PILAR MARTINEZ-ENGE, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-4809 : CIVIL ACTION -LAW : 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: By certified mail on September 27, 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 August 22, 2007 ; by Defendant August 22, 2007 (b)(1) Date of execution of the Plaintiffs affidavit required by Section 3301(d) of the Divorce Code: (2) Date of service of the Plaintiffs affidavit upon the Defendant: 4. Related claims pending: None 5. (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 §3301(c) Divorce was filed with the prothonotary: August 22, 2007. Date defendant's Waiver of Notice in §3301(c) Divorce was filed with the prothonotary: August 22, 2007. Each party has filed a Waiver of the Notice of Intention to Request Entry of A Divorce Decree. Mark A. Mateya, Es re P.O. Box 127 Boiling Springs, PA 17007 (717) 241-6500 Attorney for Plaintiff ?_. --.? , _.?.) y m F Y. __ ^A 4 y ' DTI ....?._. ?r? ?.. ,r f f ?? _ ..?.: , „ ;: - ? ?.. -{ A KJELL I. ENGE, Plaintiff V. PILAR MARTINEZ-ENGE, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-4809 : CIVIL ACTION -LAW : IN DIVORCE PETITION TO AMEND DIVORCE DECREE AND NOW comes Plaintiff, Kjell I. Enge, by and through his counsel, Mark A. Mateya, Esquire and in support avers the following: 1. Plaintiff herein filed a Complaint for Divorce to the above term and number on September 23, 2004. 2. Negotiations relating to the equitable distribution of the marital assets broke down thereby requiring the assistance of a Divorce Master. 3. The parties herein and there counsel met with the Divorce Master on or about August 22, 2007, and were able to come to an agreement regarding the economic claims. The parties entered into an Agreement on August 22, 2007. 4. Plaintiff, by and through his counsel, filed the Praecipe to Transmit Record and Divorce Decree which incorporated the Marriage Settlement Agreement into the Divorce Decree on or about August 29, 2007. 5. Defendant, by and through her counsel, Marcus McKnight, filed a Divorce Decree which does not include the language to incorporate the Marriage Settlement Agreement entered into by and between the parties on August 22, 2007. 6. On September 7, 2007, the Honorable Judge Oler signed the Divorce Decree submitted by Defendant's counsel which does not incorporate the Marriage Settlement Agreement. 7. Plaintiff s counsel has sought concurrence from Attorney Marcus McKnight in the filing of this Petition. Attorney McKnight has given his concurrence in the filing of the Petition and Amendment of the Divorce Decree. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the Divorce Decree to include the language set forth in Plaintiff's Divorce Decree which has been properly filed with the Court which states in relevant part, "The Court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. The Marriage Settlement Agreement entered into by and between the parties is incorporated but not merged into the Divorce Decree." Date: o Respectfully submitted, ak -6?;- - Mark A. Mateya, Es ire Attorney ID No. 78931 P.O. Box 127 Boiling Springs, PA 17007 (717) 241-6500 (717) 241-3099 Fax CERTIFICATE OF SERVICE I, Mark A. Mateya, Esquire, hereby certify that I have served a copy of the foregoing Petition to Amend Divorce Decree on the following person(s) by depositing a true and correct copy of the same in the United States Mail, first class, postage prepaid, at Boiling Springs, Cumberland County, Pennsylvania addressed to: Marcus McKnight, Esq. 60 West Pomfret St. Carlisle, Pa 17013 Mark A. Mateya, Es P.O. Box 127 Boiling Springs, PA 17007 (717) 241-6500 (717) 241-3099 Fax Dated: r-x Qn c? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. KJELL I. ENGE, PLAINTIFF No. NQ- 9004_4804 CIIIII, TERM VERSUS PILAR MARTINEZ-ENGE, DEFENDANT DECREE IN DIVORCE AND NOW, ! Z IT IS ORDERED AND DECREED THAT KJELL I. ENGE , PLAINTIFF, AND PILAR MARTINEZ-ENGE , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. 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; NONE. Oej"? k 0 ?- c. 0- 41,-ow ?o -,q? La - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. KJELL I. ENGE - No. 4809 2004 VERSUS PILAR MARTINEZ-ENGE DEE IN DIVORCE AND NOW, s?IDA, 1 2-ao , IT IS ORDERED AND DECREED THAT KJELL I. ENGE , PLAINTIFF, AND PILAR MARTINEZ-ENGE DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. 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 court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered The Marriage Settlement Agreement entered into by and between the parties is incorporated but not merged into the Divorce Decree. E KJELL I. ENGE, Plaintiff V. PILAR MARTINEZ-ENGE, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-4809 CIVIL ACTION -LAW IN DIVORCE ORDER AND NOW this 14day of September, 2007, upon consideration of the foregoing Petition to Amend Divorce Decree, IT IS HEREBY ORDERED AND DECREED that the Divorce Decree issued on September 7, 2007, is amended to include the following: "The Court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. The Marriage Settlement Agreement entered into by and between the parties is incorporated but not merged into the Divorce Decree." 0 BY THE COURT: I I N <t f ? V N y J C w KJELL I. ENGE, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 04-4809 CIVIL TERM PILAR MARTINEZ-ENGE, IN DIVORCE Defendant/Petitioner PACSES Case No: 644107443 ORDER OF COURT AND NOW to wit, this 15th day of October 2007, it is hereby Ordered that pursuant to the parties' agreement before the Divorce Master on August 22, 2007, the Alimony Pendente Lite is decreased to $2500.00 per month effective September 1, 2007. The Alimony Pendente Lite is terminated effective September 7, 2007 with a credit of $2264.72, pursuant to the Amended Decree in Divorce and an Alimony account being established through the Domestic Relations Section for payment. The credit of $2264.72 on the APL account will be directed to the Alimony account. BY THE COURT: DRO: R.J. Shadday xc: Petitioner Respondent Mark A. Mateya, Esq. Marcus A. McKnight, 111, Esq. Form OE-001 Service Type: M Worker: 21005 Cam` t !: rT". C j tl KJELL I. ENGE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04-4809 PILAR MARTINEZ-ENGE, : CIVIL ACTION - LAW Defendant : IN DIVORCE STIPULATION In accordance with the Settlement Agreement of the Parties incorporated into the Divorce Decree entered in the above-captioned case, the undersigned attorneys of record for the parties agree to the entry by the Court of a Qualified Domestic Relations Order in the form as attached hereto. Attorney for Plaintiff/Participant: LL A. Mark A. Mateya, Esq. /5- Lo ii? Date Mark A. Mateya, Esq. Mateya Law Firm, PC PO Box 127 Boiling Springs, PA 17007 (717) 241-6500 Attorney for Defendant/Alternate Payee: T Esq. Date Taylor P. Andrews, Esq. Andrews & Johnson 78 W Pomfret Street Carlisle PA 17013 (717) 243-0123 °- +? ?' kJ .. _ ? s ? .a, `YJ KJELL I. ENGE, Plaintiff VS. PILAR MARTINEZ-ENGE, Defendant To the Prothonotary: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 2004-4809 CIVIL TERM CIVIL ACTION - LAW : IN DIVORCE PRAECIPE Please enter my appearance on behalf of the defendant, Pilar Martinez-Enge, in the above captioned action. Respectfully submitted, To the Prothonotary: ANDREWS & JO Taylo ndrews, Esquire 78 W Pomfret Street Carlisle, PA 17013 (717) 243-0123 Please withdraw my appearance on behalf of the defendant, Pilar Martinez-Enge, in the above captioned action. Respectfully submitted, IRWIN, M Esquire 60 West Po 1 Carlisle, PA 1 (717) 249-2353 cc: Mark A. Mateya, Esquire Attorney for Plainitff ? a ? w WH 1 s ass Kjell I Enge IN THE COMMON PLEAS COURT OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW - IN DIVORCE Pilar Martinez-E ge NO. 04-4809 Defendant QUALIFIED DOMESTIC RELATIONS ORDER (QDRO) AND NOW, this 1 day of -3 uhc , 20-", it appears to the Court as follows: 1. The parties hereto were husband and wife, seek this Order in conjunction with a Decree of Divorce dated '?- 7 - Z"7 2. Kjell I. Enge, Social Security No. 016-32-8370, hereinafter referred to as "Participant" is a participant in the Teachers Insurance and Annuity Association - College Retirement Equities Fund, hereinafter "TIAA-CREF" and has the following annuity: CREF Q5344133 Kjell I. Enge's current and last known mailing address is 28 South Pitt Street, Carlisle, PA 17013 and his daytime phone number is (717) 386-1010. 3. The Alternate Payee is Pilar Martinez-Enge, whose current and last known mailing address is 335 York Road, Carlisle, PA 17013. The Alternate Payee's Social Security No. is 474- 90-7888. Her date of birth is July 23, 1949, and her daytime phone number is (717) 241-5518. 4. To accommodate the marital property distribution between the parties IT IS ORDERED, ADJUDICATED AND DECREED AS FOLLOWS: A. That the TIAA-CREF annuity previously referenced is marital property. B. Upon finalization of this Order and pursuant to the terms of said annuity, the current value as of the valuation date of the Participant's CREF annuity accumulation for the marital portion defined below shall be awarded as the Alternate Payee's sole and exclusive property to be applied to the CREF annuity subject to the terms and limitations of said annuity: $100,000.00 of the accumulation under CREF Q5344133 as of the date the transfer is recorded by TIAA-CREF. C. Conditions of division of annuity contracts: i. All ownership and interest in the balance of the accumulations not transferred in all annuities issued to the Participant by TIAA-CREF will belong to the Participant. 4ttv LA/ZZ VVINVAIASWd go o wd 9 ! Nn oooz ^'- Ao-mli--I n t. A QDRO Page 2 ii. All ownership rights in the newly issued annuities will belong to the Alternate Payee. iii. The beneficiary designation of the Alternate Payee's annuities will be her estate, unless a beneficiary designation is submitted pursuant to the provisions of the contracts and accepted by TIAA-CREF. The Alternate Payee must review the contracts at issuance for accuracy and inform TIAA-CREF of any change of address. iv. The Alternate Payee's annuities will be issued with the same investment allocation as the Participant's applied pro rata. The Alternate Payee may change the investment allocation once her annuities are issued in accordance with the contributing employer's plan. D. Termination of Alternate Payee's status as beneficiary of record for all annuity contracts or individual life insurance funded through TIAA-CREF on the life of the Participant. i. As of the date of TIAA-CREF's receipt of the QDRO, all TIAA-CREF benefits otherwise payable to the Alternate Payee as beneficiary are payable to the estate of the Participant. The Participant retains the right to change the designation. E. TIAA Traditional Retirement Annuities (RAs) do not allow single-sum withdrawals or transfers to alternate carriers. For other TIAA-CREF annuities, the Alternate Payee's right to receive a single-sum withdrawal and/or transfer all or a part of the accumulation to an alternate carrier may be limited in accordance with the contributing employer's plan. F. The parties are directed to submit to TIAA-CREF all documents and releases (if required by TIAA-CREF) to finalize this Order within 30 days of the request for same. 5. This Order: A. Does not require any plan to provide any type of form of benefit, or any options not otherwise provided under the plan; and B. Does not require TIAA-CREF to provide increased benefits; and C. Does not require the payment of benefits to an Alternate Payee which are required to be paid to another Alternate Payee under another Order previously determined to be a Qualified Domestic Relations Order. D. If any portion of this Order is rendered invalid, the balance of the Order will remain fully enforceable. QDRO Page 3 6. This Court reserves jurisdiction to issue further orders as needed to execute this Order. By the Court C/ Date - C "CD? S Participant ' Date t Alternate Payee G' ?!/'7 !ten? Date CJ V