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HomeMy WebLinkAbout05-0432COUNT I. REQUEST FOR A NO-FAULT DIVORCE UNDER §3301(C) OF THE DIVORCE CODE 9. The prior paragraphs of this Complaint are incorporated herein by reference. 10. The marriage of the parties is irretrievably broken. 11. After ninety (90) days have elapsed from the date of filing of this Complaint, Plaintiff intends to file an affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. WHEREFORE, if both parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the date of filing of this Complaint, Plaintiff respectfully requests the Court enter a Decree of Divorce pursuant to Section 3301(c) of the Divorce Code. COUNT II. REQUEST FOR A NO-FAULT DIVORCE UNDER §33010 OF THE DIVORCE CODE 12. The prior paragraphs of this Complaint are incorporated herein by reference. 11 The marriage of the parties is irretrievably broken. 14. The parties are living separate and apart, and at the appropriate time, Plaintiff will submit an affidavit alleging that the parties have lived separate and apart for at least two years as specified in Section 3301(d) of the Divorce Code. WHEREFORE, Plaintiff respectfully requests the Court to enter a Decree of Divorce pursuant to Section 3301(d) of the Divorce Code. COUNT III. REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER §3323, §3501, §3502 AND §3503 OF THE DIVORCE CODE 15. The prior paragraphs of this Complaint are incorporated herein by reference. 16. Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties without regard to marital misconduct in such a proportion as the Court deems just after a consideration of all relevant factors. WHEREFORE, Plaintiff respectfully requests the Court to enter an Order of equitable distribution of marital property pursuant to Sections 3323, 3501, 3502 and 3503 of the Divorce Code. COUNT IV. REQUEST FOR APPROVAL OF ANY SETTLEMENT AGREEMENT AND INCORPORATION THEREOF IN DIVORCE DECREE UNDER §3104 OF THE DIVORCE CODE 17. The prior paragraphs of this Complaint are incorporated herein by reference. 18. The public policy of the Commonwealth of Pennsylvania encourages parties to a marital dispute to negotiate a settlement of their differences. 19. To the extent that a written settlement agreement might be entered into between the parties prior to the time of hearing on this Complaint, Plaintiff desires that such written agreement be approved by the Court and incorporated in any divorce decree which may be entered dissolving the marriage between the parties. WHEREFORE, if a written settlement agreement is reached between the parties prior to the time of hearing on this Complaint, Plaintiff respectfully requests that, pursuant to Section 3104 of the Divorce Code, the Court approve and incorporate such agreement in the final divorce decree. COUNT V. CUSTODY 20. Plaintiff is Martin L. Cook, who currently resides at 3803 Chippenham Road, Mechanicsburg, Pennsylvania. 21. Defendant is Karen J. Cook, who currently resides at 3803 Chippenham Road, Mechanicsburg, Pennsylvania. 22. Plaintiff seeks shared legal and physical custody of the following children: Name Present Residence Date of Birth Jason A. Cook 3803 Chippenham Road 9/24/91 Jenna C. Cook 3803 Chippenham Road 1/21/93 Aaron M.G. Cook 3803 Chippenham Road 8/22/98 Madison A. Cook 3803 Chippenham Road 8113/00 The children were not born out of wedlock 23. The children are presently in the custody of both parents, whom reside at 3803 Chippenham Road, Mechanicsburg, Pennsylvania. During the past five years, the children have resided with the following persons and at the following addresses: Persons Residence Dates Martin and Karen Cook Society Hill Apts., Camp Hill, PA 5/98 - 6/00 Martin and Karen Cook 3803 Chippenham Road, Mechanicsburg 6/00 - 1/05 24. The mother of the children is Karen J. Cook, currently residing at 3803 Chippenham Road, Mechanicsburg, Pennsylvania. She is married. The father of the children is Martin L. Cook, currently residing at 3803 Chippenham Road, Mechanicsburg, Pennsylvania. He is married. 25. The relationship of the plaintiff to the children is that of Father. The plaintiff currently lives with the following persons: Karen Cook Jason Cook Jenna Cook Aaron Cook Madison Cook 26. 27 28. The relationship of the defendant to the children is that of Mother. The defendant currently resides with the following persons: Martin Cook Jason Cook Jenna Cook Aaron Cook Madison Cook Plaintiff has not participated as a party or witness or in any other capacity concerning litigation of the custody of these children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in another court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings that has physical custody of the children or claims to have custody or visitation rights with respect to the children. The best interests and permanent welfare of the children will be served by granting the relief requested because Plaintiff has been a primary caretaker for the children. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff respectfully requests that this Honorable Court grant him shared legal and physical custody of the children. Respectfully Submitted, Date: I `1 0 S BY: f ! y P? ?7Vi Heather L. Harbaugh, Esquire Foulkrod Harbaugh 2843 North Front Street Third Floor Harrisburg, PA 17110 ID #83997 ATTORNEY FOR PLAINTIFF VERIFICATION I, Martin L. Cook, hereby swear and affirm that the facts contained in the foregoing Divorce and Custody Complaint are true and correct and are made subject to the penalties of 18 Pa. C.S.A. Sec. 4904 relating to unworn falsification to authorities. Date: 111110"r- Martin L. Cook TJ ? b -? O O J' r= cam. ?f r Jr „ T; =ri MARTIN L. COOK IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 05-432 CIVIL ACTION LAW KAREN J. COOK IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, January 27, 2005 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. the conciliator, at DJ Manlove's 1901 State St., Camp Hill, PA 170_11_ on Friday, March 04, 2005 at 1:30 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By; !s! Melissa P. Greevr. PES l Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabiiites 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 howl prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ?i11i4.•aC - 01 -ui 4,, H fMMOZ MARTIN L. COOK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 05-432 KAREN J. COOK, : CIVIL ACTION -LAW Defendant : CUSTODY/DIVORCE NOTICE TO PLEAD TO: Martin L. Cook C/o Heather Harbaugh, Esquire 2843 North Front Street, Third Floor Harrisburg, PA 17110 You are hereby notified to file a written response to the enclosed Defendant's Answer to Plaintiff s Complaint Under Section 3301 of the Divorce Code and Counterclaim within twenty (20) days from service hereof or a judgment may be entered against you. /` /?- -1) Attorney for Karen J. Cook Harrisburg, PA 17112 (717) 671-1500 ID No. 57911 MARTIN L. COOK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 05-432 KAREN J. COOK, : CIVIL ACTION - LAW Defendant : CUSTODY/DIVORCE DEFENDANT'S ANSWER TO PLAINTIFF'S COMPLAINT UNDER SECTION 3301 OF THE DIVORCE CODE AND COUNTERCLAIM 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to form a belief as to the truth of this averment, and therefore it is denied. 8. Admitted. COUNTI REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE 9. No responsive pleading is necessary. 10. Admitted. 11. As this averment represents a statement of future intention, no responsive pleading is necessary. COUNT II REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301(d) OF THE DIVORCE CODE 12. No responsive pleading is necessary. 13. Admitted. 14. It is admitted that the parties are living separate and apart within the same household. No responsive pleading is necessary as to the remaining part of the averment as it represents a future intention. COUNT III REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3323, SECTION 3501, SECTION 3502 AND SECTION 3503 OF THE DIVORCE CODE 15. No responsive pleading is necessary. 16. Admitted. COUNT IV REQUEST FOR APPROVAL OF ANY SETTLEMENT AGREEMENT AND INCORPORATION THEREOF IN DIVORCE DECREE UNDER SECTION 3104 OF THE DIVORCE CODE 17. No responsive pleading is necessary. 18. Admitted. 19. Admitted. COUNT V CUSTODY 20. Admitted. 21. Admitted. 22. It is admitted that the children were not born out of wedlock. No responsive pleading is required as the remainder of the averment as it represents a prayer for relief. 23. Admitted. 24. Admitted. 25. Admitted. 26. Admitted. 27. Admitted. 28. Denied. It is denied that the best interests and permanent welfare of the children will be served by granting the relief requested because Plaintiff has been a primary caretaker for the children. To the contrary, during the pendency of the marriage, Defendant has acted as the primary caretaker of the parties' four children. It is admitted that each parent and the person who has physical custody of the children have been named as parties to this action. COUNTERCLAIM COUNTI ALIMONY 29. Paragraphs one through twenty-eight are incorporated herein by reference. 30. Defendant lacks sufficient property to provide for her reasonable needs. 31. Defendant is unable to sufficiently support herself through appropriate employment. 32. Plaintiff has sufficient income and assets to provide continuing and indefinite support for the Defendant. WHEREFORE, Defendant requests this Honorable Court compel the Plaintiff to pay alimony to the Defendant. COUNT II ALIMONY PENDENTE LITE, COUNSEL FEES, COSTS AND EXPENSES 33. Paragraphs one through thirty-two are incorporated herein by reference. 34. By reason of the institution of the action to the above term and number, Defendant will be and has been put to considerable expense in the preparation of her case, in the employment of counsel, and the payment of costs. 35. Defendant is without sufficient funds to support herself and to meet the costs and expenses of this litigation and is unable to appropriately maintain herself during the pendency of this action. 36. The Defendant's income is not sufficient to provide for her reasonable needs and pay her attorney's fees and the costs of this litigation. 37. The Plaintiff has adequate earnings to provide support for the Defendant and to pay her counsel fees, costs and expenses. WHEREFORE, Defendant respectfully requests this Honorable Court compel the Plaintiff to pay alimony pendente lite as well as pay the Defendant's counsel fees, costs and expenses. Date: ' Respectfully submitted, THE LAW OFFI ES OF SILLIKER & REOLI 'Kristin RC. Reinhold, Esc 5922 Linglestown Road Harrisburg, PA 17112 (717) 671-1500 I.D. No. 57911 Attorney for Karen J. Cook MARTIN L. COOK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 05-432 KAREN J. COOK, : CIVIL ACTION-LAW Defendant : CUSTODY/DIVORCE CERTIFICATE OF SERVICE The undersigned, Renee Dreisbach, hereby certifies that a copy of an Answer to Plaintiff's Complaint Under Section 3301 of the Divorce Code as well as Counterclaim was mailed to Plaintiff's attorney, Heather L. Harbaugh, Esquire on 2005, by first-class mail, addressed as follows: Heather L. Har augh, Esquire 2843 North Front Street, Third Floor Harrisburg, PA 17110 I hereby certify that the aforegoing is 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. §4904 relating to unsworn falsification to authorities. Date: _ Renee Dreisbach AFFIDAVIT I, f?ar-Cn CDDk , hereby certify that the aforegoing is 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. 4909 relating to unsworn falsifications to authorities. Dated: 2LL J N t? o 1 I?- p j=EB 2 8 2f1i?5 MARTIN L. COOK, Plaintiff V. KAREN J. COOK, Defendant IN CUSTODY ORDER TO RELINQUISH JURISDICTION AND NOW, this 23rd day of February, 2005, because counsel for the parties have indicated to the Conciliator that the parties continue to reside together, the Pre-Hearing Custody Conference presently scheduled for March 4, 2005 at 1:30 p.m. is hereby cancelled. The matter may be rescheduled for a conciliation conference after the parties are separated. Until that time, the Conciliator relinquishes jurisdiction of the above captioned matter. FOR THE CO? ??)1ze' &:?:q Melissa Peel Greevy, Custody Conciliator Dist: Heather L. Harbaugh, Esquire, 2843 N. Front Street, 3m Floor, Harrisburg, PA 17110 Kristin R. Reinhold, Esquire, 5922 Linglestown Road, Harrisburg, PA 17112 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-432 CIVIL TERM CIVIL ACTION - LAW :245534 MARTIN L. COOK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-432 KAREN J. COOK, : CIVIL ACTION -LAW Defendant : CUSTODY/DIVORCE ACCEPTANCE OF SERVICE I, Heather Harbaugh, Esquire, attorney for Martin L. Cook, Plaintiff, hereby certify that I accept service on his behalf of Defendant's Answer to Plaintiff s Complaint Under Section 3301 of the Divorce Code and Counterclaim in the above- captioned matter on or about X\ O-y(. (o , 2005, by first-class mail, postage prepaid. I hereby certify that the aforegoing is 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. §4904 relating to unswom falsification to authorities. Date: ?IBI D5 zZ V Heat er Iarbaugh, Esquire n v' G c' 1t _ i Ln i. l MARTIN L. COOK, Plaintiff V. KAREN J. COOK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-432 CIVIL ACTION - LAW CUSTODY/DIVORCIE DEFENDANT'S MOTION TO COMPEL PLAINTIFF'S PRODUCTION OF DOCUMENTS AND ANSWERS TO INTERROGATORIES AND NOW comes the Defendant, Karen J. Cook, by and through her attorneys, the Law Offices of Silliker and Reinhold, by Kristin R. Reinhold, Esquire, and respectfully requests this Honorable Court compel the Plaintiff, Martin L. Cook, to answer her Interrogatories and Request for Production of Documents, and in support thereof, avers the following: 1. The above-captioned matter is an action in divorce and custody. Procedurally, Plaintiff filed a Complaint under Section 3301 of the Divorce Code on or about January 25, 2005. Defendant filed an Answer and Counterclaim on or about February 28, 2005. 2. In order to properly evaluate the marital estate, Defendant served a Request for Production of Documents and First Set of Interrogatories to Plaintiff s counsel of record, Heather Harbaugh, Esquire, on or about February 24, 2005. A copy of Defendant's Interrogatories and Request for Production of Documents, along with incurred attorney's fees in the preparation of this Motion and will incur additional fees in her counsel's attendance at the time of the hearing disposing of the same. WHEREFORE, Defendant respectfully requests this Honorable Court: a. Enter an Order compelling Plaintiff to produce all documents requested in Defendant's Request for Production of Documents; b. Compel Plaintiff to answer all Interrogatories set forth in her First Set of Interrogatories from Defendant to Plaintiff; c. Compel Plaintiff to pay Defendant's reasonable attorney's fees relating to the filing of this Motion to Compel; d. Preclude Plaintiff from introducing in evidence designated documents, things, or testimony at the time of a Master's Hearing; e. Any other relief this Court deems reasonable and just. Date: 0 Respectfully submitted, THE LAW OFFI ES OF SILLIKER & RFJNHQ-LJ Kristil,. Reinhbld, Esquire 5922 L/inglestown Road Harrisburg, PA 17112 (717) 671-1500 I.D. No. 57911 Attorney for Karen J. Cook SILLIKER & REINHOLD LAW OFFICES 5922 LINGLESTOWN ROAD HARRISBURG, PENNSYLVANIA '17112 MARK T. SILLIKER KRISTIN R. REINHOLD February 24, 2005 Heather Harbaugh, Esquire 2843 North Front Street, Third Floor Harrisburg, PA 17110 Re: Cook v. Cook No. 05-432 PHONE: (7171671-1500 FAX: (7171671-8968 Enclosed please find my client's Answer and Counterclaim relative to the Divorce Complaint which you filed on behalf of Mr. Cook, which I will be filing by mail on this date. Once I receive a time-stamped copy from the Court, I will forward it to you with an Acceptance of Service form. If for some reason you are unable to accept service on behalf of your client, please contact me. I am enclosing Interrogatories and a Request for Production of Documents. Although I usually try to avoid engaging in formal discovery, I believe this case warrants it due to the fact your client is self-employed and has not filed federal or state income tax returns for an indefinite number of years. As well, Ms. Cook was a homemaker throughout the marriage up until two years ago and has little knowledge of tl,ie parties' finances. I will anticipate your client's answers to our Interrogatories and Request for Production of Documents within approximately 30 days. Should you have any questions regarding this matter, please do not hesitate to contact me. Sincerely, Reinhold KRRJrsd Enclosures Cc: Karen Cook In Re: The marriage of MARTIN L. COOK, Plaintiff V. KAREN J. COOK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-432 CIVIL ACTION - LAW IN DIVORCE REQUEST FOR PRODUCTION OF DOCUMENTS TO: MARTIN L. COOK C/o Heather Harbaugh, Esquire 2843 North Front Street, Third Floor Harrisburg, PA 17110 Kindly produce at the offices of Silliker & Reinhold located at 5922 Linglestown Road, Harrisburg, Pennsylvania, within thirty (30) days of this Request, the following documents: 1. Copies of the federal and state income tax returns filed by you, together with accompanying worksheets, schedules, W-2 forms, 1099s and like documents for tax years 2000, 2001, 2002, 2003, and 2004. 2. All personal financial statements prepared by you or on your behalf since January 1, 2000. 3. Statements from any and all accounts held in your name, your name jointly with another person or entity, or in your name as trustee for any other person, issued by any bank, savings institution, or other financial institution from January I, 2000, through the present. 4. AIl loan applications and loan documents pertaining to any sums of money borrowed or to be borrowed by you, individuaIly or jointly with any other person, or as guarantor, from January I, 2000 through the present. 5. Records that relate to any secured or unsecured personal loan made to you from January 1,2000, to present, whether from a member of your family, a banking institution or any individual or entity. 6. AIl records pertaining to real estate in which you have acquired or may have acquired an interest during the period of your marriage, and during your separation including any leases or mortgages related thereto (including monthly payments and present outstanding balance of principal and interest) together with any evidence showing all contributions in cash or otherwise made by you to the acquisition of such real estate. 7. Copies of all sales agreements and/or options for any real estate owned by you and those held by you in your name or in your name jointly with any other person or in your name in trust or in your name as guardian for any other person. 8. All brokerage statements pertaining to any accounts in which you individually, or jointly with any other person, have or had any interest from January I, 2000 to the present. .. " 9. All securities in which you individually, or jointly with any other person, have or had any interest from January 1,2000 to the present. 10. All stock certificates in which you individually, or jointly with any other person, have or had any interest as of January I, 2000 to the present. 11. All mutual fund statements from January I, 2000 to present for accounts in which you individually or with any other person had any interest during that same time frame. 12. AIl treasury notes, treasury bills, U.S. Savings Bonds, corporate bonds, and municipal bonds presently owned or in which you, individually or with any other person, have or had any interest from January I, 2000 1:0 present. 13. All savings certificates or certificates of deposit or other depository receipts presently owned or in which you have or had any interest from January I, 2000 to the present. 14. All documents or statements for, including, but not limited to, any individual retirement account, pension or profit sharing plan, savings plan, Keogh, 401 (k) Plan, annuity benefits, retirement plan, stock bonus plan, stock option plan, thrift plan (excluding social security benefits), with your present employer, or any previous employer, or regarding any other retirement benefits in which you, individually or with others, have or had any interest with benefits stilI due, including the summary plan description, and other such information regarding the terms of the retirement plan, from January I, 2000 to present. 15. All statements or documents from January 1, 2000 to the present referring to any deferred compensation plan, to which you were entitled by reason of any present or past employment. 16. Your income and earnings records, including but not limited to payroll stubs or wage statements, any commission statements issued by any employer, or any 1099's issued by any person or entity for which you have performed services for the past twelve months. 17. Documentation verifying the sale by you of any asset having a value in excess of $500 from January 1, 2000 to present. 18. Copies of all credit card statements received by you from January 1, 2000 to the present for accounts on which your name appears, on which you have signature authority, and/or on which you have made charges or purchases. 19. All documentation or written instruments evidencing any debt obligation referred to in response to Questions Number 7 & 8 of Interrogatories First Set from Plaintiff to Defendant. 20. All documents relating to the purchase of a motor vehicle(s) presently owned by you, or in which you had an interest during the past five (5) years, including a copy of the title to the vehicles(s). 21. All life insurance policies in which you have any interest as an owner, insured, or beneficiary, including any change of beneficiary forms executed by you within the last four (4) years and any statements indicating cash surrender value as of January 1, 2000, and presently. 22. Documentation verifying the non-marital status of the assets identified in Interrogatory Number 19. 23. Any documentation otherwise identified in your Answers to interrogatories. Date: C? Respectfully submitted, THE LAW OFFICES OF SILLIKER & RJEINHOLL 5922 Linglestowrt Road Harrisburg, PA 17112 (717) 671-1500 I.D. No. 57911 Attorney for Defendant CERTIFICATE OF SERVICE I, Kristin R. Reinhold, Esquire, Attorney for Defendant herein, do hereby certify that on this date I served the foregoing Request for Production of Documents, to Defendant's attorney, Heather Harbaugh, Esquire, by depositing a true and exact copy thereof in the United States mail, first class, postage prepaid. addressed as follows: Heather Harbaugh, Esquire 2843 North Front Street, Third Floor Harrisburg, PA 17110 I hereby certify that the aforegoing is 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. §4904 relating to unworn falsification to authorities. Date: ?? j 0 5 T-T In Re: The marriage of MARTIN L. COOK, Plaintiff V. KAREN J. COOK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-432 CIVIL ACTION - LAW IN DIVORCE FIRST SET OF INTERROGATORIES FROM DEFENDANT TO PLAINTIFF Demand is hereby made by the Defendant to the Plaintiff for answers, under oath or certification, to the following interrogatories within the time and in the manner prescribed by the rules of this Court. You are required to file answers to the following interrogatories within thirty (30) days after service upon you pursuant to PA.R.C.P. 1920.22(b) and 4005. Pursuant to Pa. R.C.P. 4005 and 4006, service hereof is made in duplicate. You are notified that your Answers, duly executed and sworn, must be entered after the corresponding numbered Interrogatory or part thereof, attaching such additional pages as may be required for complete answers. Defendant further requests Plaintiff to produce certain documents as set forth herein for purposes of inspection or copying pursuant to Pa.R.C.P. 4009, and upon consent of Plaintiff. These Interrogatories are ongoing in nature. If the responses to the questions change or the Plaintiff becomes aware of new information, there is an obligation to supplement the responses. Failure to do so may result in the imposition of sanctions. NOTE: Questions concerning the marriage, children and marital offenses are with relation to other party to this suit, unless otherwise indicated. Date: L Respectfully Kristin. Reinhold, Esquire 5922 Linglestown Road Harrisburg, PA 17112 (717) 671-1500 I.D. No. 57911 Attorney for Defendant INSTRUCTION AND DEFINITIONS Answer every interrogatory. No question is to be left blank. If the answer to an interrogatory is "none" or "unknown", such statement must be written in the answer. If the question is inapplicable, "NIA" must be written in the answer. Whenever a date, amount or other computation or figure is requested, the exact date, amount, computation or figure is to be given, unless it is unknown. If so, give the best estimate or approximation thereof and note that such answer is an estimate or approximation. Whenever the word "identify or "identity" is used in reference to a person, corporation, or other entity, this means to state, if appropriate, his, her, or its full name, present address, and business affiliation. I . State whether you presently own or have any interest in, or during the past five years have owned or had any interest in any real estate properties, including, but not limited to the marital residence. If so, for each property, state: (a) The date the property was acquired; (b) How the property is titled; (c) The purchase price and the amount and source of the down payment; (d) The amount of the mortgage(s) at the present time and who has been paying it since your date of separation; (e) The present market value of the property; (f) The nature and dollar amount of any liens and/or encumbrances on the property not indicated in a previous manner; and (g) The current assessed valuation assigned to the property for real estate taxation purposes. ANSWER As to each real estate interest identified in the preceding interrogatory, state whether you derive, directly or indirectly, any income, benefit, or other consideration of whatever kind (e.g., income from rental or lease of such property, use of another property or other benefit in exchange for the use of said property), if so, explain. ANSWER 4. If you have owned during the past five (5) years, any stocks, bonds or other securities of any kind in any government body, company, entity, firm or business, whether joint or individually, state: (a) The name and address of the entity issuing said securities; (b) The serial number of each bond, share, or certificate or other security document and the number of bonds, shares, certificates or other security documents represented by each serial number; (c) The date and method of acquisition (by purchase, gift, inheritance or otherwise); and (d) The amount of dividends received from each entity for each of the past five (5) years and the present value. ANSWER 5. State whether you presently own or have any interest in, or during the past five (5) years have owned or had any interest in, any life insurance or annuity. If so, for each state: (a) Name and address of the insurance company; (b) Number of the policy, type of policy, date of issuance and amount of coverage; (c) Amount of premium, how frequently paid and whether payments are current; (d) Name and address of each beneficiary named in the policy on the date of separation and at present; (e) Date of assignment of the policy and the name of the assignee, if the policy has been assigned; (f) Amount and date of each loan made on the policy, if any; (g) Present cash surrender value of the policy; and (h) The date of separation cash surrender value of the policy. ANSWER 6. For each vehicle (e.g., car, van, boat, airplane, motorcycle, etc.) in which you have any interest individually or with another (including; your spouse) state: (a) Make, model, VIN, and year; (b) How the vehicles are titled; (c) The value at date of separation and currently and the reason for your opinion of value; (d) If any such vehicle has been disposed of since separation, state the manner of such disposition (including, e.g., price or consideration received, value received if traded in, name of purchaser, date, disposition or proceeds, etc.); and (e) The amount of any debt on said vehicle at separation and currently, name of any co-debtor, and the parry currently being paid the debt. ANSWER List each debt on which you (individually or with another including your spouse) are obligated, stating the name of the creditor, the amount of obligation as of the date of separation and currently, the purpose for incurring such obligation, and the party who has paid such obligation since separation. ANSWER With regard to all credit accounts on which your name appears, on which you have signature authority or on which you made chargers, for each charge provide the following: (a) Identity of person who made charge; and (b) Identity of person who paid charge. ANSWER 9. Employment: (a) Are you presently employed? (b) If your answer is in the affirmative, state fully for each employment: (1) The name, address and telephone number of your employer; (2) (3) (4) (5) immediate superior; and The date you commenced your employment; Your job title or position; Your payroll number; The name, address and telephone number of your (6) The name and address of each bookkeeper, payroll clerk or other person who has custody of records of salaries, commissions, bonuses, allowances, expenses, or any other sums of money paid to you by your present employer(s) during the term of your employment. (c) Do you have any written or other employment contracts with your present employer(s)? ANSWER 10. Income from salary: (a) From your employment(s), as answered in the preceding interrogatory, are or were you compensated on a salary basis? (b) If your answer is in the affirmative, state fully: (1) Your gross salary per hour, week or month; (2) The number of hours per week that you normally work; (3) Whether you receive additional compensation for overtime work, and if so, the rate of pay received for overtime work and the average number of overtime hours you work per week or month; (4) The dates on which you are paid for both regular and overtime work; (5) The amount of your gross earnings to date from this source during the calendar years of 1995, 1996, 1997, 1998, 1999, and 2000; (6) List all bonuses earned by you :For each of the past five (5) years, including the date the bonus was paid and the gross and net amount thereof, (7) Whether during the past five (5) years you lost any time in excess of two (2) weeks as a result of any of the following (state the approximate amount of time and salary lost for each cause); (a) Labor disputes; (b) Illness; (c) Disciplinary action; (d) Inclement weather; (e) Seasonal layoffs; and ( fl Absences for personal reasons other than illness (explain reasons). ANSWER 1 I. Income or return of capital from corporations in which you own five (5%) percent or more of outstanding stock: Have you at any time within the past five (5) years received any income, dividends, or return of capital from any corporation (closed or professional) in which you have a five (5) or more ownership interest? If so, identify each such corporation and describe your interest therein. ANSWER 12. Are you the beneficiary of any estate currently in probate or any estate which has been probated within the last five (5) years? If so, please identify the estate, including the place of probate, and describe your interest in such estate. ANSWER 13. Do you have any interest, vested or otherwise, in any pension plan, profit sharing plan, IRA, Keogh or other retirement plan? If so, state fully for each such plan: (a) The name of the plan; (b) The name and address of the plan administrator and/or the plan trustee; (c) The type of plan(s) established for your benefit; (d) Whether your employer contributes to the plan and, if so, on what basis; (e) The date the first contribution was made by you or on your behalf to the plan; and (f) The value of your interest of you interest in the plan(s) as of this date and the date of separation, and how you determined the value. ANSWER 14. Estimate the current market value of the household contents including, but not limited to, furnishings, personal effects or other personal property (excluding jewelry), which are currently in your possession or your wife's possession. ANSWER 15. Do you have any ownership or interest in any furs, gold, artwork, diamonds or other precious gems or metals or jewelry, having a value of $300.00 or more for each item? If so, please describe each item and state its current market value. ANSWER 16, Have you, or has anyone on your behalf, filed or prepared a financial statement or loan application at any time within the past five (5) years? If so, please state the purpose for which such document was prepared or submitted, the date of each such document and to whom it was submitted, and, if pertaining to any loan or credit arrangement, set forth the details thereof. ANSWER 17. State the name, address and phone number of your personal accountant and the accountant (if different) for any business in which you are involved. ANSWER 18. List any asset or other thing of value in which you believe you have any interest, individually or with another person including your spouse, not otherwise specifically identified in these interrogatories. ANSWER 19. If you contend that any asset or any other thing of value inquired about or identified in response to these interrogatories is non-marital, in whole or in part, identify each such asset or thing and state the reason for your contention. ANSWER 20. Has any person, before or after separation, rendered any opinion of value as to anything in which you have an interest (such as an item or items of household goods, antiques, art, pension or retirement plans, real estate, business entity, etc.)? If so, state: (a) The identity of each such person; (b) The asset or item valued; (c) The value asserted by such person; (d) The date for which such value is applicable; and (e) The purpose of such valuation. ANSWER 21. Identify (including address) all witnesses you intend to call at a Master's hearing and set forth the substance of the expected testimony of each witness and whether or not that individual is testifying as an expert. ANSWER VERIFICATION I, Martin L. Cook, the within named Plaintiff. do verify that the facts contained in the foregoing Answers to Defendant's First Set of Interrogatories 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. Section 4909 relating to unworn falsification to authorities. Date: Martin L. Cook, Plaintiff CERTIFICATE OF SERVICE I hereby certify that I today served the original of the foregoing Plaintiff's First Set of Interrogatories Addressed to Defendant, by placing the same in the U.S. mail, postage prepaid, addressed to: Heather Harbaugh, Esquire 2843 North Front Street, Third Floor Harrisburg, PA 17110 Date: ?? INCOME AND EXPENSE STATEMENT OF MARTIN L. COOK MARTIN L. COOK, Plaintiff V. KAREN J. COOK, Defendant INCOME: Employer: Address: Type of Work: Payroll Number: Pay Period (weekly, bi-weekly, etc.): Gross pay per pay period: Itemized Payroll Deductions: Federal Withholding: Social Security: Local Wage Tax: State Income Tax: Retirement: $ Savings Bonds: $ Credit Union: $ Life Insurance: $ SUI Other (specify): Medicare Domestic Relations Net Pay per pay period: L? Date: Exhibit "A" OTHER INCOME: WEEK MONTH YEAR INTEREST Dividends Pension Annuity Social Security Rents Royalties Expense Account Child & Spousal Support Unemployment Compensation Workmen's Compensation Totals: Total Income: EXPENSES: Weekly Monthly Yearly (Fill in appropriate column) Home Mortgage/Rent Second Mortgage Maintenance Utilities- Electric Gas Oil Telephone Refuse Water, Sewer Furniture Employment Public Transportation Lunch Taxes Real Estate Personal Property EXPENSES: Loans: Weekly Monthly Yearly (fill in appropriate column) Credit Union Miscellaneous: Household help Child Care Papers/Books Magazines Entertainment Pay Television Vacation Gifts Legal Fees Charitable Contributions Other Child Support Alimony payment Other: Totals: TOTAL EXPENSES: AFFIDAVIT I, Martin L. Cook, hereby certify that the aforegoing is 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. 4909 relating to unsworn falsification to authorities. Dated: Martin L. Cook SILLIKER & REINHOLD LAW OFFICES 5922 LINGLESTOWN ROAD HARRISBURG, PENNSYLVANIA 17112 MARK T. SILLIKER KRISTIN R. REINHOLD May 19, 2005 Heather Harbaugh, Esquire 17 West South Street Carlisle, PA 17013 Re: Cook v. Cook No. 05-432 Dear Attorney Harbaugh: PHONE: (717) 671-1500 FAX: (717) 671-8968 I sent to you Interrogatories and a Request for Production of Documents on February 24, 2005, relative to the above-captioned divorce. Your client's Answers were due approximately six weeks ago. To date, I have not received any response. Please accept this letter as my formal intention to file a Motion for Sanctions if your client does not respond to discovery within 30 days of the date of this letter. If I do not receive a response from you, I will be seeking sanctions including attorney's fees, monetary fine, and a request to preclude your client from presenting evidence at a Master's Hearing. I look forward to receiving your client's answers to our Interrogatories and Request for Production of Documents. Sinc `Kris KRR/rsd Cc: Karen Cook EXHIBIT (( tit N Crl c._ =-? ?.. n J _ ? C1? r? --, ? i 'r-i ` ??; c? c ' _? ' 1 ? ?< 3?ECEIVEU JUL 15 2005 MARTIN L. COOK, Plaintiff V. KAREN J. COOK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-432 CIVIL ACTION - LAW CUSTODY/DIVORCE RULE TO SHOW CAUSE AND NOW, this /8' day of 4,. 2005, upon consideration of the attached Motion to Compel Production of Documents and Answers to Interrogatories, IT IS HEREBY ORDERED AND DECREED that a Rule is issued upon the Plaintiff to show cause, if any, why the relief requested herein should not be Ordered. Rule returnable 20 days after service. t u BY THE COURT: I Z .4 b=Rd 9 ! l?f J16Ol .»yL 20 1?L-0-cill'i MARTIN L. COOK, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY. PENNSYLVANIA V. : NO. 05-432 KAREN J. COOK, : CIVIL ACTION -LAW Defendant : CUSTODY/DIVORCE DEFENDANT'S MOTION TO MAKE RULE ABSOLUTE AND NOW comes the Defendant, Karen J. Gook, by and through her attorneys, the Law Offices of Silliker and Reinhold, by Kristin R. Reinhold, Esquire, and respectfully requests this Honorable Court issue an Order making its Rule to Show Cause dated July 18, 2005, absolute, and in support thereof, avers the following: 1. Defendant served a Request for Production of Documents and First Set of Interrogatories to Plaintiff's counsel of record, Heather Harbaugh, Esquire, on or about February 24, 2005. 2. To date, Defendant has not received Answers to her Interrogatories or Request for Production of Documents. As well, Plaintiff has failed to file any objection to Defendant's discovery and has failed to contact Defendant's counsel in any manner whatsoever. 3. Defendant filed a Motion to Compel Plaintiff's Production of Documents and Answers to Interrogatories on or about July 14, 2005. 4. On or about July 18, 2005, the Honorable Kevin A. Hess entered a Rule to Show Cause, returnable 20 days after service. A copy of the Rule, marked Exhibit "A" is attached hereto and incorporated herein. 5. Defendant served a copy of the Rule to Show Cause by Certificate of Mailing upon Plaintiff's counsel, Heather Harbaugh, Esquire, on or about July 20, 2005. Additionally, Defendant served a copy of the Rule to Show Cause upon Plaintiff's counsel by Certified Mail, Return Receipt requested on July 20, 2005. 6. Defendant's counsel received the Domestic Return Receipt which was delivered to Plaintiff's counsel on August 8, 2005. Although the Domestic Return Receipt was signed by Plaintiff s counsel, the date of delivery was not entered by the United States Post Office. However, Defendant attaches the Track & Confirm Search Results, marked Exhibit "B", from the United States Post Office indicating that the Rule to Show Cause was delivered upon opposing counsel on August 8, 2005, at 12:40 p.m. The Domestic Return Receipt and Track & Confirm Search Results are attached hereto and incorporated herein. Additionally, the Rule to Show Cause which was served on Plaintiff s counsel with a Certificate of Mailing on or about July 20, 2005, has never been returned. 7. In excess of 20 days have elapsed since the Rule to Show Cause was served upon opposing counsel. 8. Plaintiff has failed to file any response to the Rule to Show Cause and has failed to answer Defendant's discovery to date. WHEREFORE, Defendant Karen J. Cook respectfully requests this Honorable Court issue an Order making her Rule Absolute and enter the following relief: a. Compel Plaintiff to produce all documents requested in Defendant's Request for Production of Documents; b. Compel Plaintiff to answer all Interrogatories set forth in her First Set of Interrogatories from Defendant to Plaintiff; c. Compel Plaintiff to pay Defendant's reasonable attorney's fees related to the filing of this Motion to Compel in the amount of $500. d. Preclude Plaintiff from introducing in evidence any documents, things, or testimony at the time of a Master's Hearing; e. and, any other relief this Court deems reasonable and just. Date: J a ? 10-5 Respectfully submitted, THE LAW OFF ES OF SILLIKER & RIJINHOLI Kristin . einh d, Esc 5922 L' glestown Road Harrisburg, PA 17112 (717) 671-1500 I.D. No. 57911 Attorney for Karen J. Cook k ' ,00 HERE FV'TH T -` THE WITHIN IS.A TRUEANO COR RECT.COPY OF SHE. ORIGINAL ILEO IN THIS ACTION.J??' ATTORNEY :'alga RECEIVED JUL 0 IDU5 MARTIN L. COOK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COIAVTY, PENNSYLVANIA : NO. 05-432 V. KAREN J. COOK, CIVIL ACTION - LAW Defendant CUSTODY/DIVORCE; RULE TO SHOW CAUSE AND NOW> this day of 1 / 2005, upon ?- - consideration of the attached Motion to Compel Productio of Documents and Answers to Interrogatories, IT IS HEREBY ORDERED AND DECREED that a Rule is issued upon the Plaintiff to show cause, if any, why the relief requested herein should not be Ordered. Rule returnable 0 days after service. BY THE COURT: I -?-ra unto seI mY In T timony ''Nr. rt at Ca 's1e, Pa. and 't e ? J?of said C7 EXHIBIT Prot onotarY ((A u apd TRJE C,17Py Fv)' ?' RECORD USPS - Track & Confirm Page I of 1 Home I Help Trapir-4 Co fifirm Track & Confirm Search Results Label/Receipt Number: 7001 1940 0006 24891125 Detailed Results: • Delivered, August 08, 2005,12:40 pm, BELLEFONTE, PA 16623 • Forwarded, August 04,2006,11:24 pm, NEWPORT, PA • Forwarded, July 22, 2005,10:36 am, CARLISLE, PA • Acceptance, July 20, 2005, 5:22 pm, HARRISBURG, PA 17112 i'<s?aclt` 1 t??treM @71/$°.C0A1 HOA10 J 1 tlptim Track & Cpttttrnl Enter Label/Receipt Number. r Track & Confirm by email Get current event information or updates for your item sent to you or others by email. 6= ® POSTAL INSPECTORS site map contact us government services jobs National & Premier Accounts Preserving the Trust Copyright ©1999-2004 USPS. All Rights Reserved. Terms of Use Privacy Policy ?/ n l ) http://trkcnfrml.smi.usps.com/PTSIntemetWeb/InterLabelDetail.do 08/15/2005 •. Complete items 1, 2, and 3. Also complete item 4 If Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mallpiece, or on the fron% if space permits. 1, Artlcie Addressed to: h Agent Addreew X Q S. Received by (Printed NW*) . Date of D*4wy D. Is delivery addrM Merent from item 19 0 Yes N YES, enter deliv?ery address below: 0 No 37-z ?-_ e7lslr,.,p S? be-ve&'ti?L, A4 l c- 3. Ice TypeM I? CMiaed ail 0 Express Met Registered O Return Receipt for MerclwWise 0 insured Mali 0 C.O.O. 4. Restricted DeWery? (Extra Fee) 0 yea 2. Article Number 7001 1940 0006 2469 11125 (TmsNr trom service lebei) Ps Form 3811, August 2wi Domestic; Rob" Receipt 111111111"(W. IT,, lli ? r, . " ` ?--? - C" i1 u v .? M? G'; _ ? ? ..? ? j _) ?1 ,_ ? i ?' C. 4.a [.? ?_? i ,nECEIVED SEP 0 2005 MARTIN L. COOK, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 05-432 KAREN J. COOK, : CIVIL ACTION -LAW Defendant : CUSTODY/DIVORCE ORDER OF COURT AND NOW, this 9 day of 2005, upon consideration of Defendant's Motion to Make Rule Absolute, IT IS HEREBY ORDERED AND DECREED that the Rule issued July 18, 2005, is hereby made absolute and the following relief requested is hereby ordered: a. Plaintiff is ordered to produce all documents requested in Defendant's Request for Production of Documents; b. Plaintiff is ordered to answer all Interrogatories set forth in her First Set of Interrogatories from Defendant to Plaintiff; c. Plaintiff is ordered to pay Defendant's reasonable attorney's fees related to the filing of this Motion to Compel in the amount of $500 within 30 days of the date of this Order. d. Plaintiff is precluded from introducing into evidence any documents, things, or testimony at the time of a Master's Hearing. o??a BY THE COURT: 4 t1 ?f, I I? il? HEATHER L. HARBAUGH, ESQUIRE Pa. Supreme Court I.D. No. 83997 320 East Bishop Street Bellefonte, Pennsylvania 16823 MARTIN L. COOK Plaintiff V. KAREN J. COOK Defendant Attorney for Plaintiff Martin L. Cook JN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.05-432 CIVIL ACTION - LAW TN DIVORCE PRACIPE FOR WITHDRAW OF APPEARANCE Please withdraw my appearance on behalf of Plaintiff, Martin L. Cook, in the above captioned matter without prejudice. Date I oy Heather L. Harbaugh, Esquire PRACIPE FOR ENTRY OF APPEARANCE Please enter my appearance on behalf of Plaintiff, Martin L. Cook, in the above captioned matter. Date o S Do as . Miller, squire ?' ?? ? ; o - r- c» ?, ? ? -r1 <?) {11 _? ?? 4 7 ?, -;3 , ? _. _ ¢?? N i r MARTIN L. COOK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 05-432 KAREN J. COOK, : CIVIL ACTION -LAW Defendant : CUSTODY/DIVORCE CERTIFICATE OF SERVICE The undersigned, Renee Dreisbach, hereby certifies that a copy of an Order of Court dated September 9, 2005, and signed by the Honorable Kevin A. Hess was mailed to Martin L. Cook, Plaintiff, as well as Heather Harbaugh, Esquire, counsel for Plaintiff, on October 5, 2005, by first-class mail, addressed as follows: Martin L. Cook 3803 Chippenham Road Mechanicsburg, PA 17050 Martin L. Cook 3912 Market Street, Suite 102 Camp Hill, PA 17011 Heather Harbaugh, Esquire 320 East Bishop Street Bellefonte, PA 16823 I hereby certify that the aforegoing is 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. §4904 relating to unsworn falsification to authorities. Date: 1r,It?( Renee Dreisbach .-? ? ,-, <> ? _„ C" ? F -ri ?? ,,,-t!.: ! a '>, , i t`; ?r?? {' ? t:: _? n ? ?? K MARTIN L. COOK, Plaintiff, V. KAREN J. COOK, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005 - 432 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S PETITION TO OPEN OR VACATE ORDER OF COURT AND NOW this T day of October, 2005, comes Plaintiff, MARTIN L. COOK, by and through his attorneys, Irwin & McKnight, and respectfully petitions this Court to open or vacate the Order of Court against Plaintiff on September 9, 2005, which in part orders payment of Defendant's reasonable attorney fees and precludes the introduction of evidence at the time of a Master's Hearing, and in support thereof aver as follows: 1. Plaintiff commenced this divorce action against Defendant on or about January 25, 2005 by Complaint. 2. At the time of the commencement of this action, Plaintiff was represented by Heather L. Harbaugh, Esquire, of the law firm of Foulkrod Harbaugh, 2843 North Front Street, Third Floor, Harrisburg, Pennsylvania, 17110. 3. Sometime in March 2005, Plaintiff received from Attorney Harbaugh copies of Interrogatories and Request for Production of Documents prepared by legal counsel for Defendant. 4. Sometime in July 2005, Attorney Harbaugh informed Plaintiff that she was leaving the firm of Foulkrod Harbaugh, but that she desired to continue representing Plaintiff at least through October 2005. 5. Attorney Harbaugh provided Plaintiff with a new mailing address of 320 East Bishop Street, Bellefonte, Pennsylvania, 16823, along with new contact information in order to reach her. 6. Plaintiff subsequently prepared draft answers to the Interrogatories and provided various documents to Attorney Harbaugh in order for formal answers to be prepared in response to Defendant's requests. 7. Plaintiff requested that Attorney Harbaugh finalize and file the necessary answers to the previous Interrogatories and Request for Production of Documents. 8. Attorney Harbaugh agreed to complete the pending issue of the discovery answers, but recommended that Plaintiff seek new local counsel. 9. At that time and through August 2005, Plaintiff began searching for new legal counsel in the area in order to assume responsibility for his representation in this action. 10. Plaintiff subsequently made numerous attempts to contact Attorney Harbaugh by both telephone and email, but did not receive responses to his inquiries. 11. Plaintiff also contacted Attorney Harbaugh's former partner in Harrisburg, S. W. Foulkrod, IV, and was informed that he was also having difficulty reaching Attorney Harbaugh and did not have any other method of contacting her. 12. In September 2005, Plaintiff again attempted to contact Attorney Harbaugh to inform her that he had retained new local counsel, the undersigned law firm of Irwin & McKnight. 13. Plaintiff did not receive a direct response from Attorney Harbaugh. 14. On September 17, 2005, however, the undersigned counsel received correspondence from Attorney Harbaugh which included a signed Praecipe to Withdraw her appearance, correspondence between legal counsel in February and March 2005, and the answers to Interrogatories drafted by the Plaintiff. A true and correct copy of the correspondence from Attorney Harbaugh received on September 17, 2005, is attached hereto and incorporated herein as Exhibit "A." 15. At no time did Attorney Harbaugh inform Plaintiff or the undersigned attorney that Defendant had filed a Motion to Compel answers to the outstanding discovery, that a Rule to Show Cause dated July 18a' had been issued, that a Motion to Make Rule Absolute was filed on August 31", or that an Order of Court making the rule absolute was signed on September 9, 2005. 16. At no time did Attorney Harbaugh provide Plaintiff or the undersigned attorney with a copy of the above-referenced pleadings or Orders relating to Defendant's outstanding discovery requests. 17. Plaintiff was first informed of the existence of the subject Order of Court on Friday, October 7, 2005, when he received a copy of the Order that was mailed to his place of business by Defendant's legal counsel, Attorney Kristin Reinhold. 18. On that date, the undersigned then obtained copies of the recent pleadings and Orders referenced above from the Cumberland County Office of the Prothonotary. 19. The undersigned legal counsel has finalized the Answers to Interrogatories previously provided by Plaintiff to Attorney Harbaugh, with the exception of the Income and Expense Statement which was mailed to her and not returned as part of the file. A true and correct copy of Plaintiffs Answers to Interrogatories are attached hereto and incorporated herein as Exhibit "B." 20. Plaintiff is unable to provide the Income and Expense Statement and other requested documents at this time as many of them continue to be in the possession of Attorney Harbaugh. 21. Plaintiffs complete lack of notice of the recent filings and proceedings with regard to the answers to discovery now prejudices his ability to proceed with the divorce proceedings. 22. Furthermore, Defendant herself has continued to reside in the marital residence and retains access to most of the parties' financial dealings and circumstances. 23. Plaintiff has paid and continues to pay the majority of the expenses related to the use and occupancy of the marital residence still used by both parties, and therefore Defendant has not been prejudiced by any delay in receipt of answers to discovery. 24. Upon information and belief, Defendant's legal counsel has also been unable to directly reach Attorney Harbaugh, and has not received responses to several telephone calls and written letters. 25. Upon information and belief, it is for this reason that Defendant's legal counsel provided Plaintiff with a copy of the recent Order of Court. 26. In light of the above, the rights and interests of the Plaintiff have been unfairly prejudiced and unreasonably inconvenienced for reasons beyond his knowledge or control. 27. Accordingly, Plaintiff requests that the Order of Court dated September 9, 2005, be opened or stricken, and that he be provided with a reasonable time in which to provide the remaining answers to Defendant's discovery. WHEREFORE, Plaintiff Martin L. Cook respectfully requests that this Honorable Court open or vacate the Order of Court dated September 9, 2005, and that Plaintiff be permitted a reasonable period of time in which to provide the remaining answers to discovery, and that Defendant be precluded from proceeding with any Petition for Contempt or other attempt to enforce the prior Order of Court, in light of the issues raised herein. Respectfully Submitted, IRWIN & McKNIGHT By: Douglas k. Miller, Esquire Supreme Court ID # 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Dated: October 11, 2005 Attorney for Plaintiff Heather L. Harbaugh Attorney at Law 320 East Bishop Street Bellefonte, Pennsylvania 16823 (717) 204-1043 (717) 275-1043 fax hlharbauahC4 comcost. net MEMORANDUM TO: Douglas Miller, Esquire FROM: Heather L. Harbaugh, Esquire RE: Cook v. Cook DATE: September 7, 2005 S?-? 1 i 2005 I have been informed by Martin Cook that he has retained you to represent him in his pending divorce and custody actions. Accordingly, I have been instructed by Martin to relinquish the enclosed file to you. He has likewise instructed me to defer to you in all communications with his wife's counsel. Please sign and file the enclosed pracipae to enter your appearance with the court. Thank you for your attention to these matters. Cc: Marty Cook via email) In Re: The marriage of MARTIN L. COOK, Plaintiff V. KAREN J. COOK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-432 CIVIL ACTION - LAW IN DIVORCE FIRST SET OF INTERROGATORIES FROM DEFENDANT TO PLAINTIFF Demand is hereby made by the Defendant to the Plaintiff for answers, under oath or certification, to the following interrogatories within the time and in the manner prescribed by the rules of this Court. You are required to file answers to the following interrogatories within thirty (30) days after service upon you pursuant to PA.R.C.P. 1920.22(b) and 4005. Pursuant to Pa. R.C.P. 4005 and 4006, service hereof is made in duplicate. You are notified that your Answers, duly executed and sworn, must be entered after the corresponding numbered Interrogatory or part thereof, attaching such additional pages as may be required for complete answers. Defendant further requests Plaintiff to produce certain documents as set forth herein for purposes of inspection or copying pursuant to Pa.R.C.P. 4009, and upon consent of Plaintiff. These Interrogatories are ongoing in nature. If the responses to the questions change or the Plaintiff becomes aware of new information, there is an obligation to supplement the responses. Failure to do so may result in the imposition of sanctions. NOTE: Questions concerning the marriage, children and marital offenses are with relation to other party to this suit, unless otherwise indicated. Date: 1 / ! Respectfully r / kristin . Reinhold, Esquire 5922 inglestown Road Harrisburg, PA 17112 (717) 671-1500 I.D. No. 57911 Attorney for Defendant INSTRUCTION AND DEFINITIONS Answer every interrogatory. No question is to be left blank. If the answer to an Interrogatory is "none" or "unknown", such statement must be written in the answer. If the question is inapplicable, "N/A" must be written in the answer. Whenever a date, amount or other computation or figure is requested, the exact date, amount, computation or figure is to be given, unless it is unknown. If so, give the best estimate or approximation thereof and note that such answer is an estimate or approximation. Whenever the word "identify or "identity" is used in reference to a person, corporation, or other entity, this means to state, if appropriate, his, her, or its full name, present address, and business affiliation. I . State whether you presently own or have any interest in, or during the past five years have owned or had any interest in any real estate properties, including, but not limited to the marital residence. If so, for each property, state: (a) The date the property was acquired; (b) How the property is titled; (c) The purchase price and the amount and source of the down payment; (d) The amount of the mortgage(s) at the present time and who has been paying it since your date of separation; (e) The present market value of the property; (f) The nature and dollar amount of any liens and/or encumbrances on the property not indicated in a previous manner; and (g) The current assessed valuation assigned to the property for real estate taxation purposes. ANSWER The marital residence was purchased by the parties in June 2000 and is titled in their joint names. Defendant has maintained the documentation for this transaction. The parties also own three jointly titled rental properties on Market Street in Harrisburg. These properties were sold in January 2001 at a slight loss. A small personal loan of between $3,000.00 and $4,000.00 was still owed after the sale and is now in default. Plaintiff owned 8 other rental properties which were all foreclosed upon between 2001 and 2002. 2. As to each real estate interest identified in the preceding interrogatory, state whether you derive, directly or indirectly, any income, benefit, or other consideration of whatever kind (e.g., income from rental or lease of such property, use of another property or other benefit in exchange for the use of said property), if so, explain. ANSWER None. 3. If you have maintained during the past five (5) years, any certificates of deposit, money market investments or any checking or savings accounts in banking, savings and loan or similar institutions, whether jointly or individually, state: (a) The name and address of the institution holding each account; (b) The owner, account number and present balance of each account; and (c) The amount in each account as of the date of separation. ANSWER The parties held two jointly titled accounts during the past 5 years at Members 1st Federal Credit Union. Plaintiff ceased using one of the accounts (11186722) because Defendant began using the same account for direct deposit. Plaintiff is unaware as to the current status of this account. The other joint account was closed by Plaintiff during the summer of 2004 as it was no longer being used. The balance at the time of closing was $25.00. As of January 17, 2005, Plaintiff maintained the following personal and business accounts with corresponding values: Members 1st FCU Account Number - 227210 - $8,925.00 248865 - 89.12 257580 - 2,525.00 Diocesan Savings & Loan Account Number - 06-60679 - $2,009.68 4. If you have owned during the past five (5) years, any stocks, bonds or other securities of any kind in any government body, company, entity, firm or business, whether joint or individually, state: (a) The name and address of the entity issuing said securities; (b) The serial number of each bond, share, or certificate or other security document and the number of bonds, shares, certificates or other security documents represented by each serial number; (c) The date and method of acquisition (by purchase, gift, inheritance or otherwise); and (d) The amount of dividends received from each entity for each of the past five (5) years and the present value. ANSWER None. 5. State whether you presently own or have any interest in, or during the past five (5) years have owned or had any interest in, any life insurance or annuity. If so, for each state: (a) Name and address of the insurance company; (b) Number of the policy, type of policy, date of issuance and amount of coverage; (c) Amount of premium, how frequently paid and whether payments are current; (d) Name and address of each beneficiary named in the policy on the date of separation and at present; (e) Date of assignment of the policy and the name of the assignee, if the policy has been assigned; (f) Amount and date of each loan made on the policy, if any; (g) Present cash surrender value of the policy; and (h) The date of separation cash surrender value of the policy. ANSWER (a) Erie Insurance Group, (b) Policy Number 0406582; Term Policy; Issued August 26, 1996; $250,000.00 (c) Premium payments are $553.35 paid every 6 months (d) The parties four children (e) N/A (f) N/A (g) N/A (h) N/A 6. For each vehicle (e.g., car, van, boat, airplane, motorcycle, etc.) in which you have any interest individually or with another (including your spouse) state: (a) Make, model, VIN, and year; (b) How the vehicles are titled; (c) The value at date of separation and currently and the reason for your opinion of value; (d) If any such vehicle has been disposed of since separation, state the manner of such disposition (including, e.g., price or consideration received, value received if traded in, name of purchaser, date, disposition or proceeds, etc.); and (e) The amount of any debt on said vehicle at separation and currently, name of any co-debtor, and the party currently being paid the debt. ANSWER _, ,, . 2000 Mercury Villager 1986 Pontiac Bonneville Titled individually in Titled individually in Defendants name as of 1/17/05 Plaintiffs name as of 1/17/05 Value: $9,500.00 Value: $100.00 Vehicle has been respossessed. Vehicle has been traded in Debt remaining: Approximately $14,000.00. 2000 Ford Windstar. Titled individually in Plaintiff°s name alone. Purchased April 2005 Both the value and the current lien on the vehicle are approximately $17,000.00 7. List each debt on which you (individually or with another including your spouse) are obligated, stating the name of the creditor, the amount of obligation as of the date of separation and currently, the purpose for incurring such obligation, and the party who has paid such obligation since separation. ANSWER Mortgage to Sovereign Bank in both parties name and corresponding note in Defendant's name alone. Payments per month are approximately $1,909.00 and the amount of the obligation is $185,000.00. Home Depot charge card in Plaintiff's name. The balance is approximately $350.00 with payments ranging from $15.00 to $13.00 per month. Loan to Ford Motor Credit in Plaintiff's name. The balance is approximately $17,000.00 with monthly payments of $349.00. Plaintiff pays all household operating expenses, including but not limited to all of the debts itemized above as well as the following: Water $70.00 per month average Sewer/Trash 35.00 per month average Gas 140.00 per month average Electric 120.00 per month average Phone 65.00 per month average Cable 85.00 per month average HOA dues 100.00 per year Auto Ins. 113.50 per month (all vehicles) Groceries 1,000.00 per month average 8. With regard to all credit accounts on which your name appears, on which you have signature authority or on which you made charges, for each charge provide the following: (a) Identity of person who made charge; and (b) Identity of person who paid charge. ANSWER The only credit account of which Plaintiff is aware his name appears is the Home Depot charge identified in the Answer to Interrogatory V. 9. Employment: (a) Are you presently employed? (b) if your answer is in the affirmative, state fully for each employment: (1) The name, address and telephone number of your employer; (2) The date you commenced your employment; (3) Your job title or position; (4) Your payroll number; (5) The name, address and telephone number of your immediate superior; and (6) The name and address of each bookkeeper, payroll clerk or other person who has custody of records of salaries, commissions, bonuses, allowances, expenses, or any other sums of money paid to you by your present employer(s) during the term of your employment. (c) Do you have any written or other employment contracts with your present employer(s)? ANSWER (a) Yes. (b) (1) Blue Comet Concepts, Inc. (2) January 30, 2003 (3) Owner/President (4) Three (5) N/A (6) Paychex (c) No. 10. Income from salary: (a) From your employment(s), as answered in the preceding Interrogatory, are or were you compensated on a salary basis? (b) If your answer is in the affirmative, state fully: (1) Your gross salary per hour, week or month; (2) The number of hours per week that you normally work; (3) Whether you receive additional compensation for overtime work, and if so, the rate of pay received for overtime work and the average number of overtime hours you work per week or month; (4) The dates on which you are paid for both regular and overtime work; (5) The amount of your gross earnings to date from this source during the calendar years of 1995, 1996, 1997, 1998, 1999, and 2000; (6) List all bonuses earned by you for each of the past five (5) years, including the date the bonus was paid and the gross and net amount thereof; (7) Whether during the past five (5) years you lost any time in excess of two (2) weeks as a result of any of the following (state the approximate amount of time and salary lost for each cause); (a) Labor disputes; (b) Illness; (c) Disciplinary action; (d) Inclement weather; (e) Seasonal layoffs; and (f) Absences for personal reasons other than illness (explain reasons). ANSWER (a) Salary is paid when funds are available. (b)(1). Gross salary is approximately $1,000.00 every two weeks. (2) 50 hours per week (3) N/A (4) N/A (5) Plaintiff believes that he will be able to obtain W-2's for all of the requested years which will be provided to Defendant's legal rgunsel as part of the responses to the Request for Production of Documents. (6) None. (7) None through the date of separation. 1 1. Income or return of capital from corporations in which you own five (5%) percent or more of outstanding stock: Have you at any time within the past five (5) years received any income, dividends, or return of capital from any corporation (closed or professional) in which you have a five (5) or more ownership interest? If so, identify each such corporation and describe your interest therein. ANSWER See Answer to Interrogatory Number 9. The only other distributions that Plaintiff has received from the corporation as outlined in the answer to the previous Interrogatory has been distributions for payment of taxes. I'), Are you the beneficiary of any estate currently in probate or any estate which has been probated within the last five (5) years? If so, please identify the estate, including the place of probate, and describe your interest in such estate. ANSWER None. 13. Do you have any interest, vested or otherwise, in any pension plan, profit sharing plan, IRA, Keogh or other retirement plan? If so, state fully for each such plan: (a) The name of the plan; (b) The name and address of the plan administrator and/or the plan trustee; (c) The type of plan(s) established for your benefit; (d) Whether your employer contributes to the plan and, if so, on what basis; (e) The date the first contribution was made by you or on your behalf to the plan; and (f) The value of your interest of you interest in the plan(s) as of this date and the date of separation, and how you determined the value. ANSWER None. 14. Estimate the current market value of the household contents including, but not limited to, furnishings, personal effects or other personal property (excluding jewelry), which are currently in your possession or your wife's possession. ANSWER Approximately $2,000.00. 15. Do you have any ownership or interest in any furs, gold, artwork, diamonds or other precious gems or metals or jewelry, having a value of $300.00 or more for each item? If so, please describe each item and state its current market value. ANSWER None other than the diamond engagement ring, diamond ring, diamond earrings and necklace, bracelet with multiple stones, all of which are in the possession of Defendant. 16. Have you, or has anyone on your behalf, filed or prepared a financial statement or loan application at any time within the past five (5) years? If so, please state the purpose for which such document was prepared or submitted, the date of each such document and to whom it was submitted, and, if pertaining to any loan or credit arrangement, set forth the details thereof. ANSWER Two applications for automobile loans for the Mercury Villager and Ford Windstar were prepared using "stated income". 17. State the name, address and phone number of your personal accountant and the accountant (if different) for any business in which you are involved. ANSWER Abe Bert Wagonner, Frutiger & Daub 5006 East Trindle Road Mechanicsburg, PA 17055 Phone Number: 761--1222 18. List any asset or other thing of value in which you believe you have any interest, individually or with another person including your spouse, not otherwise specifically identified in these interrogatories. ANSWER None. 19. If you contend that any asset or any other thing of value inquired about or identified in response to these interrogatories is non-marital, in whole or in part, identify each such asset or thing and state the reason for your contention. ANSWER Other than those assets acquired after the parties' separation or otherwise, Plaintiff inherited a dining room suite, and other family heirlooms, including but not limited to a mantel clock all of which were owned by Plaintiff prior to the marriage. 20. Has any person, before or after separation, rendered any opinion of value as to anything in which you have an interest (such as an item or items of household goods, antiques, art, pension or retirement plans, real estate, business entity, etc.)? If so, state: (a) The identity of each such person; (b) The asset or item valued; (c) The value asserted by such person; (d) The date for which such value is applicable; and (e) The purpose of such valuation. ANSWER No. 21. Identify (including address) all witnesses you intend to call at a Master's hearing and set forth the substance of the expected testimony of each witness and whether or not that individual is testifying as an expert. ANSWER At this time Plaintiff has not identified any witnesses. expert or otherwise, which he intends to call at a Masters hearing. At such time as any such witnesses are identified legal counsel for' Defendant will be promptly notified. 22. Please complete the Income and Expense Statement attached as Schedule A. Plaintiff provided a completed draft of the Income and Expense Statement to Attorney Harbaugh which document is still in her possession and has not been either returned to Plaintiff or forwarded to Plaintiff's new legal counsel. Plaintiff is attempting to complete another draft of the Income and Expense Statement, which document will be reviewed and promptly forwarded to Defendant's legal counsel. CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: Kristin R. Reinhold, Esquire Silliker & Reinhold 5922 Linglestown Road Harrisburg, PA 17112 Date: October 11, 2005 IRWIN & McKNIGHT Dougl G. Willer, Esquire Supreme Court ID No 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Plaintiff ?-.s R7 i ? - C7 _ 1 i c W MARTIN L. COOK, Plaintiff, V. KAREN J. COOK, Defendant. AND NOW, this RECEIV T 22005 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005 - 432 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE RULE TO SHOW CAUSE 13' day of it*- , 2005, upon consideration of the attached Petition to Open or Vacate the Order of Court dated September 9, 2005, it is hereby ORDERED that a Rule is issued upon Defendant to show cause, if any, why the relief herein should not be granted. Rule returnable 2 a days after service. 5 BY THE COURT, 91 :9 !'` "7 1 .1"].3 S0 1171 ID, MARTIN L. COOK, Plaintiff V. KAREN J. COOK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-432 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S ANSWER TO PLAINTIFF'S PETITION TO OPEN OR VACATE ORDER OF COURT AND NOW comes the Defendant, Karen J. Cook, by and through her attorneys, The Law Office of Silliker and Reinhold, by Kristin R. Reinhold, Esquire, and respectfully presents her Answer to Plaintiff's Petition to Open or Vacate Order of Court as follows: 1. Admitted. 2. Admitted. 3. Denied. After reasonable investigation, the Defendant is without sufficient knowledge to determine the truth of this averment, and therefore, it is denied. By way of further answer, Defendant's counsel served a copy of Defendant's Answer and Counterclaim, along with Defendant's First Set of Interrogatories and Request for Production of Documents on February 24, 2005. A copy of Defendant's cover letter dated February 24, 2005, marked Exhibit "A", is attached hereto and incorporated herein. 4. Denied. After reasonable investigation, the Defendant is without sufficient knowledge to determine the truth of this averment, and therefore, it is denied. 5. Denied. After reasonable investigation, the Defendant is without sufficient knowledge to determine the truth of this averment, and therefore, it is denied. 6. Denied. After reasonable investigation, the Defendant is without sufficient knowledge to determine the truth of this averment, and therefore, it is denied. 7. Denied. It is specifically denied that Plaintiff requested that his attorney finalize and file the necessary Answers to the Interrogatories and Request for Production of Documents. Plaintiff told Defendant on one occasion when he first received the Interrogatories and on a second occasion in September that he had no intention of providing any information to Defendant's counsel in response to her discovery. 8. Denied. After reasonable investigation, the Defendant is without sufficient knowledge to determine the truth of this averment, and therefore, it is denied. 9. Denied. After reasonable investigation, the Defendant is without sufficient knowledge to determine the truth of this averment, and therefore, it is denied. 10. Denied. After reasonable investigation, the Defendant is without sufficient knowledge to determine the truth of this averment, and therefore, it is denied. 11. Denied. After reasonable investigation, the Defendant is without sufficient knowledge to determine the truth of this averment, and therefore, it is denied. 12. Denied. After reasonable investigation, the Defendant is without sufficient knowledge to determine the truth of this averment, and therefore, it is denied. 13. Denied. After reasonable investigation, the Defendant is without sufficient knowledge to determine the truth of this averment, and therefore, it is denied. 14. Denied. After reasonable investigation, the Defendant is without sufficient knowledge to determine the truth of this averment, and therefore, it is denied. By way of further answer, Defendant's counsel was first contacted by Plaintiffs new counsel on October 7, 2005, and therefore almost one month had passed from the time Attorney Harbaugh provided a Praecipe to Withdraw until the time new counsel informed Defendant's counsel that he was now representing Plaintiff. This has further acted to unnecessarily delay the progress of this divorce action. 15. Denied. After reasonable investigation, the Defendant is without sufficient knowledge to determine the troth of this averment, and therefore, it is denied. 16. Denied. After reasonable investigation, the Defendant is without sufficient knowledge to determine the truth of this averment, and therefore, it is denied. 17. Denied. After reasonable investigation, the Defendant is without sufficient knowledge to determine the truth of this averment, and therefore, it is denied. 18. Denied. After reasonable investigation, the Defendant is without sufficient knowledge to determine the truth of this averment, and therefore, it is denied. 19. Admitted in part. Denied in part. It is admitted that Plaintiff has failed to finalize the Income and Expense Statement which was served upon Plaintiff as part of Defendant's First Set of Interrogatories to Plaintiff. It is denied that Plaintiff has finalized the Answers to the Interrogatories which were attached to Plaintiff s Petition to Open or Vacate Order of Court. Specifically, Plaintiff has failed to answer numerous questions fully and has failed to disclose any information regarding Plaintiff s business with the exception of the cursory information provided in his answer to Interrogatory 9, regarding Plaintiffs employment. 20. Denied. It is denied that Plaintiff is unable to provide the Income and Expense Statement which was attached to Defendant's Interrogatories to Plaintiff. Said Statement could have easily been obtained when Plaintiffs counsel obtained copies of the recent Pleadings and Orders from the Cumberland County Prothonotary, as it was attached to Defendant's Motion to Compel. As well, Plaintiff could easily have been able to answer all information required by an Income and Expense Statement without any specific documentation which he may or may not have provided to his prior counsel months earlier. It is believed and therefore averred that Plaintiff s failure to provide the Income and Expense Statement to Defendant is simply another attempt by Plaintiff to prevent Defendant from receiving any information concerning his income and his business. 21. Denied. It is specifically denied that Plaintiff s lack of notice of recent filings and proceedings now prejudices his ability to proceed with the divorce proceedings. Plaintiff admits to receiving Defendant's discovery in March of 2005. Said discovery sets forth on the first page of each document that Answers are to be filed within 30 days of service. Additionally, Plaintiff would have received Defendant's counsel's letter dated May 19, 2005, wherein Plaintiff was put on notice that Defendant would file a Motion for Sanctions if he did not respond within 30 days of the date of this letter. Plaintiff alleges difficulties in communications with his prior counsel in August of 2005 in his Petition to Open or Vacate Order of Court. Therefore, Plaintiff should have known that Defendant would take action seeking sanctions when he had not responded to discovery served at least six months earlier. 22. Admitted in part. Denied in part. It is admitted that the Defendant has continued to reside in the marital residence. It is denied that she retains access to most of the parties' financial dealings and circumstances. To the contrary, Defendant was a stay-at-home mom throughout the marriage, until approximately two years ago when she began working in order to provide the parties and their children with medical insurance. Plaintiff on the other hand is self-employed and controls all of the parties financial dealings to which Defendant has no access. 23. Admitted in part. Denied in part. It is admitted that the Plaintiff has paid and continues to pay a majority of the expenses related to the use and occupancy of the marital residence still used by both parties. It is adamantly denied that Defendant has not been prejudice by any delay in the receipt of Answers to discovery. Defendant desired to move out of the marital residence or have Plaintiff move out the marital residence when he filed for divorce in January of 2005. As Defendant's income is minimal, she did not have the financial means to acquire separate living quarters for her and the parties' four children. In order for her to move out, she would need to receive child and spousal support from Plaintiff. Due to the fact that Plaintiff has kept all of his financial information concerning his business hidden from her, she served formal discovery in February, 2005 to determine his income, as well as the extent of the marital estate. After contacting an accountant with regard to prior years' tax returns, Defendant discovered that Plaintiff has not filed any Federal, State, or Local Tax Returns since 1993. As well, Defendant believes and therefore avers that despite the fact Plaintiff is owner of a corporation, namely Blue Comet Inc., he has failed to file any corporate tax returns. Due to this complete lack of information concerning the parties' finances, Defendant has been forced to remain in the marital household under intolerable conditions because without financial data from Plaintiff, she cannot determine whether she would receive enough support to afford an apartment or house on her own. Additionally, Defendant has been prejudiced by Plaintiff's willful failure to answer discovery by incurring excessive legal fees in attempting to acquire Plaintiffs answers to her formal discovery. To date, Plaintiff has failed to provide any answers to her Request for Production of Documents which Plaintiff himself would have received over eight months ago in early March, 2005, and only partial answers to her Interrogatories which were received with Plaintiff s Petition to Open or Vacate Order in October, 2005. Defendant has been further prejudiced because Plaintiff s willful failure to answer discovery has prevented the parties' divorce case from proceeding forward as no action can occur until Plaintiff has information concerning the parties' marital assets, debts, and Plaintiff s income. This has resulted in further financial prejudice to the Defendant in that she is a participant in a defined benefit plan as a State employee, and therefore, is accruing a marital asset which Plaintiff could potentially be entitled to a portion of from the time of his filing until the entry of a Divorce Decree in light of Act 175. 24. Admitted. 25. Admitted. Byway of further answer, Defendant's counsel anticipated that Plaintiff would blame Attorney Harbaugh for his failure to answer discovery. However, it is believed and therefore averred that Plaintiff told his prior counsel that he did not want to pursue the divorce action at this time and did not want to answer discovery because he was attempting to fortify a case against the Defendant in custody in the interim. 26. Denied. It is specifically denied that Plaintiff has been unfairly prejudiced and unreasonably inconvenienced. Plaintiff has admitted to receiving Defendant's discovery in March of 2005. Plaintiff also knew from correspondence dated May 2005, that Defendant intended to file to a Motion for Sanctions in the event that she did not receive answers to discovery. Therefore, Plaintiff should have taken whatever steps were necessary to answer the discovery whether or not he was having difficulties with his counsel. At any time, Plaintiff could have hired different counsel if his prior counsel was not returning phone calls or updating him regarding his case. If Plaintiff has been prejudiced by his counsel, his remedy is an action in malpractice against her. It believed and therefore averred that Plaintiff deliberately did not answer discovery as he does not want to go forward with the divorce at this time, and does not want to provide Defendant with any of his financial documentation concerning his income and business. Plaintiff s track record in being forthcoming with income information is evidenced in his failure to file Federal, State, and Local Income Tax Returns for the past 11 years and his failure to file any corporate tax returns since he formed his business, Blue Comet Inc. 27. No affirmative pleading is required as this averment represents a request for relief. In the event an answer is required, it is denied that Plaintiff should be entitled to the Order of Court dated September 9, 2005, being opened or stricken and that he be provided reasonable time to provide the remaining answers to Defendant's discovery. WHEREFORE, Defendant Karen J. Cook respectfully requests this Honorable Court deny Plaintiff s Petition to Open or Vacate the Order of Court dated September 9, 2005, and award Defendant all attorney's fees incurred from the time Defendant served her formal discovery until time of hearing relative to this matter. Date: / Respectfully The Lal Office of Silliker and Reinhold, by Kris in R. Reinhold, Esquire 5922 Linglestown Road Harrisburg, PA 17112 717) 671-1500 ID No. 5791 t Attorney for Defendant, Karen J. Cook AFFIDAVIT hereby certify that the aforegoing is 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. 4909 relating to unsworn falsifications to authorities. Dated: I i D •_> ?' ?? C? -n u~ -_? rw ?'r= -n rn i h? '? ? i -t - _? ? --'f I71 . E_` ? ? ? f?? ? 4? MARTIN L. COOK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 2005-432 CIVIL KAREN J. COOK, Defendant IN DIVORCE IN RE: PETITION TO OPEN OR VACATE ORDER OF COURT ORDER AND NOW, this day of November, 2005, argument on the within petition to open or vacate order of court is set for Wednesday, January 11, 2006, at 3:00 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, d"ouglas G. Miller, Esquire For the Plaintiff )"ristin R. Reinhold, Esquire v For the Defendant Am V _? , ., ? ,?,? ;?ar,? r:,?.,?" lw? Q?rJ>^'1C?,41Z ' ;;`v ,.? ;?1 ,. l?t'? ?;-,? , i ? r ii j l`-?1 MARTIN L. COOK, Plaintiff V. KAREN J. COOK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-432 CIVIL ACTION - LAW CUSTODY/DIVORCE PETITION FOR FINDING OF CONTEMPT AND REQUEST FOR ATTORNEY'S FEES AND NOW comes the Defendant, Karen J. Cook, by and through her attorneys, the Law Offices of Silliker and Reinhold, by Kristin R. Reinhold, Esquire, and respectfully presents her Petition for Finding of Contempt and Request for Attorney's Fees, and in support thereof avers the following: 1. By way of procedural background, Defendant served discovery on the Plaintiff, Martin L, Cook, on or about February 24, 2005, which he failed to answer. Defendant filed a Motion to Compel on or about July 14, 2005, to which Plaintiff failed to respond. Defendant filed a Motion to Make Rule Absolute and an Order was issued on September 9, 2005, by the Honorable Kevin A. Hess. 2. According to the Court's Order of September 9, 2005, Plaintiff was ordered to produce all documents requested in Defendant's Request for Production of Documents, to answer all Interrogatories set forth in her First Set of Interrogatories from Defendant to Plaintiff, to pay Defendant's reasonable attorney's fees related to the filing of the Motion to Compel in the amount of $500 within in 30 days of date of the Order, and Plaintiff is precluded from introducing into evidence any documents, things or testimony at the time of a Master's Hearing. A copy of the Court's Order dated September 9, 2005, is attached hereto and incorporated herein. 3. To date, Plaintiff has still not produced any documents requested in Defendant's Request for Production of Documents. 4. To date, Plaintiff has only partially answered some of the Interrogatories served on Plaintiff from Defendant, and most notably did not provide any information concerning Plaintiff s solely owned corporation, Blue Comet, Inc. 5. To date, Plaintiff has failed to pay Defendant's reasonable attorney's fees related to the filing of the Motion to Compel in the amount of $500. 6. Although Plaintiff filed a Petition to Open or Vacate the Order of Court dated September 9, 2005, no subsequent Order was issued absolving him of his responsibility to comply with the Order dated September 9, 2005, issued by this Court. 7. Defendant believes and therefore avers that Plaintiff has willfully failed to answer Defendant's discovery because he is attempting to fortify a case against the Defendant in custody in the interim. Additionally, Defendant believes and therefore avers that Plaintiff is attempting to delay this matter because he has failed to file personal Federal, State, and Local Income Tax Returns as well as corporate returns for 1 I years and does not want to provide information concerning his business to the Defendant before he involves an accountant to "put things in order". 8. Defendant believes and therefore avers that Plaintiff has petitioned the Court to Open or Vacate the Order of Court dated September 9, 2005, in bad faith in order to further delay this matter. 9. Plaintiff is in contempt of this Court's Order of September 9, 2005, by failing to provide the documents requested in Defendant's Request for Production of Documents, by failing to fully answer the Interrogatories set forth in her First Set of Interrogatories from Defendant to Plaintiff, and by failing to pay Defendant's attorney's fees incurred in the filing of the Motion to Compel in the amount of $500 within 30 days of the date of the Order. 10. Since Defendant's filing of her Motion to Compel in August, 2005, she has incurred significant legal fees relating to Plaintiff's Petition to Open or Vacate the Order of Court and the filing of this Petition for Finding of Contempt. WHEREFORE Defendant Karen J. Cook respectfully requests this Honorable Court: a. Find the Plaintiff in contempt of this Court's Order of September 9, 2005; b. Order Plaintiff to pay all of Defendant's attorney's fees incurred since the filing of her Motion to Compel; c. Order Plaintiff to pay any fines and/or impose any sanctions this Court deems reasonable and just; d. Order Plaintiff to immediately comply with all of the relief ordered in this Court's Order of September 9, 2005. /,-? /-) 1 7 5 16 Respectfully sub itt , r , J ristin einYol , Esquire 5922 nglestown Road Harrisburg, PA 17112 (717) 671-1500 ID No. 57911 Attorney for Karen J. Cook DF..C-2E-05 11:40 W1 'd1LL1KEA MARTIN L. COOK. Plaintiff V. KAREN 1, COOK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PF.NNSYLVANEA NO. 05-432 CIVIL ACTION - I AW CUSTODY01VORCb AFFIDAVIT 1. -Z c r' J 6 C , hereby certify that the aforegoing is true and caceet to the best of my knowledge, information and belief. 1 understand that fa'.,e statements herein are made subject to the penalties of 18 Pa, C, 5.4909 relatins to unswern falsifications to authorities. Dated: _ /), b Karen 3 ok F'.@? ..•__. ._.._..._.__ .._. _.._.-____. .,___.....ATTORNEYS AT LAW _._..,_.. _.._...__....._._.._... _. ... ..._._.... 5922 UNGLESTOWN ROAD HARRISBURG, PENNSYLVAMA 17112 - - TELEPHONE (7177 671-JSOO - - -SIR ECE Y E D MARTIN L. COOK. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 05-432 KAREN J. COOK, : CIVIL ACTION -LAW Defendant : CUSTODY/DIVORCE ORDER OF COURT AND NOW, this y day of Js4J-4.lv 2005, upon - 1 consideration of Defendant's Motion to Make Rule Absolute, IT IS HEREBY ORDERED AND DECREED that the Rule issued July 18, 2005, is hereby made absolute and the following relief requested is hereby ordered: a. Plaintiff is ordered to produce all documents requested in Defendant's Request for Production of Documents; b. Plaintiff is ordered to answer all Interrogatories set forth in her First Set of Interrogatories from Defendant to Plaintiff; c. Plaintiff is ordered to pay Defendant's reasonable attorney's fees related to the filing of this Motion to Compel in the amount of $500 within 30 days of the date of this Order. d. Plaintiff is precluded from introducing into evidence any documents, things, or testimony at the time of a Master's Hearing. BY THE COURT: s, 7 - / G T` The on< "TRUE ?Cot whereof, I PYFROM haru/n?torseCm^yyh®a O 4:iv YI?f1 VrS?1 V{{ D1 J'u?ij iJ(!J Carliste, • a Kevin A. Hess MARTIN L. COOK, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY. PENNSYLVANIA V. : NO. 05-432 KAREN J. COOK, : CIVIL ACTION - LAW Defendant : CUSTODY/DIVORCE CERTIFICATE OF SERVICE The undersigned, Renee Dreisbach, hereby certifies that a copy of a Petition for Finding of Contempt and Request for Attorney's Fees was mailed to Douglas G. Miller, Esquire, attorney for Plaintiff, on December 21, 2005, by first-class mail, addressed as follows: Douglas G. Miller, Esquire 60 West Pomfret Street Carlisle, PA 17013 I hereby certify that the aforegoing is 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. §4904 relating to unsworn falsification to authorities. Date: Renee Dreisbach r-? ? ) ?" l? l [?.. . . C-1 ._t 1 .1 ??? _, C 1 i ?: ' --.J f,) __ `:1 t'.} { MARTIN L. COOK, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 05-432 KAREN J. COOK, : CIVIL ACTION - LAW Defendant : CUSTODY/DWORCE ORDER AND NOW, this 9 ' day of , 2006 upon consideration of Defendant's Petition for Finding of Contempt and Request for Attorney's Fees, it is hereby ORDERED AND DECREED that a hw*iag shall be held on this matter contemporaneously with the Argument currently scheduled before this Court on Plaintiff s Petition to Open or Vacate Order of Court, scheduled for January 11, 2006, at 3:00 p.m. BY THE COURT: ?/of- The norable Kevin A. Hess ,? ?> P ?- ?, MARTIN L. COOK, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 05-432 KAREN J. COOK, : CIVIL ACTION - LAW Defendant : CUSTODY/DIVORCE ORDER AND NOW, this day of 2006, upon consideration of Defendant's Petition for Finding of Contempt and Request for Attorney's Fees, it is hereby ORDERED AND DECREED as follows: a. Plaintiff is found in contempt of this Court's Order of September 9, 2005; b. Plaintiff shall pay all of Defendant's attorney's fees incurred since the filing of her Motion to Compel; c. Plaintiff shall pay any fines and/or sanctions this Court deems reasonable and just; d. Plaintiff shall immediately comply with all of the relief ordered in this Court's Order of September 9, 2005. BY THE COURT: The Honorable Kevin A. Hess MARTIN L. COOK, Plaintiff V. KAREN J. COOK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-432 CIVIL ACTION - LAW CUSTODY/DIVORCE PETITION FOR FINDING OF CONTEMPT AND REQUEST FOR ATTORNEY'S FEES AND NOW comes the Defendant, Karen .1. Cook, by and through her attorneys, the Law Offices of Silliker and Reinhold, by Kristin R. Reinhold, Esquire, and respectfully presents her Petition for Finding of Contempt and Request for Attorney's Fees, and in support thereof avers the following: 1. By way of procedural background, Defendant served discovery on the Plaintiff, Martin L. Cook, on or about February 24, 2005, which he failed to answer. Defendant filed a Motion to Compel on or about July 14, 2005, to which Plaintiff failed to respond. Defendant filed a Motion to Make Rule Absolute and an Order was issued on September 9, 2005, by the Honorable Kevin A. Hess. 2. According to the Court's Order of September 9, 2005, Plaintiff was ordered to produce all documents requested in Defendant's Request for Production of Documents, to answer all Interrogatories set forth in her First Set of Interrogatories from Defendant to Plaintiff, to pay Defendant's reasonable attorney's fees related to the filing of the Motion to Compel in the amount of $500 within in 30 days of date of the Order, and Plaintiff is precluded from introducing into evidence any documents, things or testimony at the time of a Master's Hearing. A copy of the Court's Order dated September 9, 2005, is attached hereto and incorporated herein. 3. To date, Plaintiff has still not produced any documents requested in Defendant's Request for Production of Documents. 4. To date, Plaintiff has only partially answered some of the Interrogatories served on Plaintiff from Defendant, and most notably did not provide any information concerning Plaintiff's solely owned corporation, Blue Comet, Inc. 5. To date, Plaintiff has failed to pay Defendant's reasonable attorney's fees related to the filing of the Motion to Compel in the amount of $500. 6. Although Plaintiff filed a Petition to Open or Vacate the Order of Court dated September 9, 2005, no subsequent Order was issued absolving him of his responsibility to comply with the Order dated September 9, 2005, issued by this Court. 7. Defendant believes and therefore avers that Plaintiff has willfully failed to answer Defendant's discovery because he is attempting to fortify a case against the Defendant in custody in the interim. Additionally, Defendant believes and therefore avers that Plaintiff is attempting to delay this matter because he has failed to file personal Federal, State, and Local Income Tax Returns as well as corporate returns for I I years and does not want to provide information concerning his business to the Defendant before he involves an accountant to "put things in order". 8. Defendant believes and therefore avers that Plaintiff has petitioned the Court to Open or Vacate the Order of Court dated September 9, 2005, in bad faith in order to further delay this matter. 9. Plaintiff is in contempt of this Court's Order of September 9, 2005, by failing to provide the documents requested in Defendant's Request for Production of Documents, by failing to fully answer the Interrogatories set forth in her First Set of Interrogatories from Defendant to Plaintiff, and by failing to pay Defendant's attorney's fees incurred in the filing of the Motion to Compel in the amount of $500 within 30 days of the date of the Order. 10. Since Defendant's filing of her Motion to Compel in August, 2005, she has incurred significant legal fees relating to Plaintiff s Petition to Open or Vacate the Order of Court and the filing of this Petition for Finding of Contempt. WHEREFORE Defendant Karen J. Cook respectfully requests this Honorable Court: a. Find the Plaintiff in contempt of this Court's Order of September 9, 2005; b. Order Plaintiff to pay all of Defendant's attorney's fees incurred since the filing of her Motion to Compel; c. Order Plaintiff to pay any fines and/or impose any sanctions this Court deems reasonable and just; d. Order Plaintiff to immediately comply with all of the relief ordered in this Court's Order of September 9, 2005. /,4/ 1 /6-5 Respectfully sub itt , /ein ofEsc 592stown Road Harrisburg, PA 17112 (717) 671-1500 ID No. 57911 Attorney for Karen J. Cook DFC-20--09 11-:40 NM `=ILLIKER VARTN L. COOK:. Plaintiff V. KAREN J. COOK, Defendant N THE COURT Of COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-432 CIVIL ACTION -1AW CUSTODY;DIVORCE AFFIDAVIT hereby certify that the aforegoing is true and cor ect 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. 5, 4909 relatint to unswern falsifications to authorities. Dated: _ /cZ "- x / CS?? Karen J Cook - P .L. _.AITORNEYSATLAW ___._ .......--_.. _. ?.. .. ._ _, .-_..__... 5922 LINGLESTOWN ROAD _ „ - :HARRISBURG, PENNSYLVANIA 17112 - TELEPHONE (717) 671-1500 LiVE, MARTIN L. COOK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO, 05-432 KAREN J. COOK, CIVIL ACTION - LAW Defendant CUSTODY/DIVORCE ORDER OF COURT AND NOW, this 9 day of -yak4 .w 2005, upon consideration of Defendant's Motion to Make Rule Absolute, IT IS HEREBY ORDERED AND DECREED that the Rule issued July 18, 2005, is hereby made absolute and the following relief requested is hereby ordered: a. Plaintiff is ordered to produce all documents requested in Defendant's Request for Production of Documents; b. Plaintiff is ordered to answer all Interrogatories set forth in her First Set of Interrogatories from Defendant to Plaintiff, c. Plaintiff is ordered to pay Defendant's reasonable attorney's fees related to the filing of this Motion to Compel in the amount of $500 within 30 days of the date of this Order. d. Plaintiff is precluded from introducing into evidence any documents, things, or testimony at the time of a Master's Hearing. BY THE COURT: ,- - , The one TRUE ?t,QP o , I h®e ntto seCmy ha M iha saLl ©t satl Ccu at Carllsie, Pa _ Kevin A. Hess MARTIN L. COOK, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 05-432 KAREN J. COOK, : CIVIL ACTION - LAW Defendant : CUSTODY/DIVORCE CERTIFICATE OF SERVICE The undersigned, Renee Dreisbach, hereby certifies that a copy of a Petition for Finding of Contempt and Request for Attorney's Fees was mailed to Douglas G. Miller, Esquire, attorney for Plaintiff, on December 21, 2005, by first-class mail, addressed as follows: Douglas G. Miller, Esquire 60 West Pomfret Street Carlisle, PA 17013 I hereby certify that the aforegoing is 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. §4904 relating to unsworn falsification to authorities. Date: L?s W.1 Renee Dreisbach C -j n N r_0 MARTIN L. COOK, Plaintiff, V. KAREN J. COOK, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005 - 432 CIVIL TERM : CIVIL ACTION -LAW : IN DIVORCE PLAINTIFF'S ANSWER TO DEFENDANT'S PETITION FOR FINDING OF CONTEMPT AND REQUEST FOR ATTORNEY'S FEES AND NOW this 10th day of January, 2005, comes the Plaintiff, Martin L. Cook, by and through his attorneys, Irwin & McKnight, and respectfully files this Answer to Petition for Finding of Contempt and Request for Attorney's Fees, and in support thereof aver as follows: The averments contained in paragraph one (1) of the Petition are denied as stated. The procedural matters are admitted, any inference that Plaintiff was aware of the filing of the f Motion to Compel, Motion to Make Rule Absolute, and subsequent Order of Court until long after they were filed is specifically denied and strict proof thereof is demanded at trial. 2. The averments contained in paragraph two (2) of the Petition are denied as stated. Promptly upon learning of the Court's Order dated September 9, 2005, Plaintiff, through his new legal counsel, promptly filed a Petition to Open or Vacate said Order. 3. The averments contained in paragraph three (3) of the Petition are specifically denied and strict proof thereof is demanded at trial. By way of further answer, Plaintiff has provided Defendant with his responses, including copies of his W-2's, corporate tax returns, bank statements, credit card statements, and life insurance documentation. 4. The averments contained in paragraph four (4) of the Petition are specifically denied and strict proof thereof is demanded at trial. By way of further answer, Plaintiff did provide answers to the best of his ability as well as to provide Defendant with copies of all filed corporate tax returns. 5. The averments contained in paragraph five (5) of the Petition are denied as stated. It is admitted that Plaintiff has not paid any of Defendant's attorney's fees, but Plaintiff, through his new legal counsel, did promptly file a Petition to Vacate or Open the prior Order of Court. 6. The averments contained in paragraph six (6) of the Petition are admitted. 7. The averments contained in paragraph seven (7) of the Petition are conclusions of law to which no response is required. To the extent a response is required the averments are specifically denied and strict proof thereof is demanded at trial. By way of further answer, Plaintiff has filed all required corporate tax returns and has provided copies of the same to Defendant. 8. The averments contained in paragraph eight (8) of the Petition are conclusions of law to which no response is required. To the extent a response is required the averments are specificallv denied and strict proof thereof is demanded at trial. By way of further answer, Plaintiff was not aware of the Defendant's Motion to Compel and other legal proceedings for the reasons stated in his Petition and there is a valid basis for filing said Petition. 9. The averments contained in paragraph nine (9) of the Petition are conclusions of law to which no response is required. To the extent a response is required the averments are specifically denied and strict proof thereof is demanded at trial. 10. After reasonable investigation Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph ten (10) of the Petition. To the extent a response is required the averments are specifically denied and strict proof thereof is demanded at trial. By way of further answer, Defendant and Plaintiff continue to reside in the marital residence together and Defendant in fact has significant access to the financial information of the Plaintiff as well as the costs and expenses involved in maintaining the marital residence. WHEREFORE, Plaintiff, Martin L. Cook, respectfully requests this Honorable Court to enter an Order denying the Defendant's Petition for Finding of Contempt and awarding Plaintiff the relief requested in his Petition to Open or Vacate the Order of Court dated September 9, 2005. Respectfully Submitted, IRWIN & McKNIGHT Dated: January 10, 2006 By: Dougla G. Mi ler, Esquire Supreme Court ID # 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Plaintiff VERIFICATION The foregoing document is based upon information which has been gathered by my 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 unsworn falsification to authorities. MA TIN L. COOK Date: January 9, 2006 CERTIFICATE OF SERVICE 1, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by facsimile and regular United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: Kristin R. Reinhold, Esquire 5922 Linglestown Road Harrisburg, PA 17112 Date: January 10, 2006 IRWIN & McKNIGHT :D%k??&A Doug as G filler, Esquire Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Plaintiff MARTIN L. COOK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V CIVIL ACTION - LAW KAREN J. COOK, NO. 2005-0432 Defendant CUSTODY/DIVORCE IN RE: PETITION TO OPEN OR VACATE ORDER OF COURT AND NOW, this 11th day of January, 2006, after argument hereon, paragraph (d) of our order of September 9, 2005, precluding the plaintiff from testifying in this case is vacated. All other terms and conditions of said order shall remain in full force and effect. By the Court, XV" uglas G. Miller, Esquire For the Plaintiff -,<ristin R. Reinhold, Esquire For the Defendant : b g J oe-% 0\ MARTIN L. COOK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 2005-432 CIVIL KAREN J. COOK, Defendant IN DIVORCE IN RE: PETITION FOR FINDING OF CONTEMPT AND REQUEST FOR ATTORNEY'S FEES ORDER AND NOW, this 3 day of January, 2006, hearing on the within petition is set for Thursday, March 30, 2006, at 9:30 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. Douglas G. Miller, Esquire For the Plaintiff ,,,Kristin R. Reinhold, Esquire For the Defendant v Am 0 BY THE COURT, r r' 7,::r -, t?Ig MARTIN L. COOK, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 05-432 KAREN J. COOK, : CIVIL ACTION - LAW Defendant : CUSTODY/DIVORCE ORDER AND NOW, this day of 200, upon consideration of Defendant's Petition for Finding of Contempt and Request for Attorney's Fees, it is hereby ORDERED AND DECREED that a Bearing shalt be held on this matter contemporaneously with the Argument currently scheduled before this Court on Plaintiff's Petition to Open or Vacate Order of Court, scheduled for January 11, 2006, at 3:00 p.m. BY THE COURT: he Honorable Kevin A. Hess t ?t saki ; ;;t t`«lt, ika. lhi day Prothonofer MARTIN L. COOK, Plaintiff/Petitioner, V. KAREN J. COOK, Defendant/Respondent. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005 - 432 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE EMERGENCY PETITION FOR SPECIAL RELIEF AND NOW, this 19THday of January 2007, comes the Petitioner, Martin L. Cook, by and through his attorneys, Irwin & McKnight, and pursuant to Rule 1920.43 makes the following Petition for Special Relief against the Respondent, Karen J. Cook, averring as follows: 1. Petitioner is Martin L. Cook, an adult individual who resides at 3803 Chippenham Road, Mechanicsburg, Cumberland County, Pennsylvania, the marital residence of the parties. 2. Respondent is Karen J. Cook, an adult individual who resides in Enola, Pennsylvania 4172 Antelope Drive, Apartment #118, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. Petitioner and Respondent are husband and wife, having been married on September 18, 1982. 4. On or about January 25, 2005, Petitioner instituted the above-captioned divorce action. 5. On or about May 5, 2006, Respondent chose to move from the marital residence. 6. Since that date, the parties' four (4) minor children have continued to reside with the Petitioner in the marital home. 7. Even after the Respondent moved out of the marital residence, the Petitioner had not requested or filed for child support contributions from the Respondent. 8. Both prior to and subsequent to her moving out of the marital residence, Respondent has been employed as an assistant manager by the Liquor Control Board of the Commonwealth of Pennsylvania. 9. Since 2004, Respondent has provided health insurance coverage for herself, Petitioner, and the parties' children through her employment with the Commonwealth of Pennsylvania. 10. This health insurance coverage includes prescription drug coverage for Petitioner and the minor children. 11. Upon information and belief, health insurance and prescription drug coverage is provided through employment with the Commonwealth of Pennsylvania at no additional cost to Respondent. 12. Respondent has unilaterally removed Petitioner, or by her actions has caused Petitioner's removal, from the health insurance and prescription drug coverage provided through her employment. 13. Neither Respondent nor her legal counsel informed Petitioner or the undersigned in advance that he was being removed from the employer provided health insurance and prescription drug coverage. 14. Petitioner only became of aware of Respondent's actions when he attempted to have his regular prescriptions filled for his diabetes and other medical conditions. 15. Upon learning that his prescription drug card was no longer valid, Petitioner contacted a representative of the insurance company and was informed that he was removed from coverage effective on or about January 1, 2007. 16. In the past, Petitioner has paid all required insurance co-payments for himself and for the minor children when they have received medical treatment while in his care. 17. Petitioner does not have other health insurance or prescription drug coverage available except at considerable expense, as he is essentially self-employed. 18. Immediate and irreparable harm is being caused by Respondent's removal of Petitioner from the health insurance coverage, and Petitioner does not otherwise have an adequate remedy at law. 2 19. The undersigned attempted to remedy the actions of Respondent by notifying her legal counsel of record of the removal of insurance coverage, but was subsequently informed that Respondent has obtained new legal counsel, although no entry of appearance has been filed to the knowledge of the undersigned. 20. Accordingly, written notice was sent both to Respondent's legal counsel of record, and the name of Respondent's new legal counsel provided to the undersigned. A true and correct copy of the letter of January 16, 2007, from the undersigned to Attorney Kristen Reinhold, as well as a confirmation fax cover sheet to Attorney Marlin Markley, are attached hereto and incorporated herein as Exhibit "A." 21. The removal of Petitioner's health insurance coverage is particularly egregious in this matter as Petitioner has serious medical conditions which require regular medications and prescriptions, Petitioner resides at the marital residence with the minor children, Petitioner was not informed of Respondent's actions in advance, and Petitioner does not otherwise have insurance coverage available except at considerable expense. 22. Petitioner is therefore entitled to and requests the award of reasonable attorney fees from Respondent. WHEREFORE, the Petitioner, Martin L. Cook, respectfully requests this Honorable Court to enter an Order directing Respondent to return Petitioner to her insurance coverage during the pendency of the divorce, as well as payment of reasonable attorney fees and any costs incurred by Petitioner as a result of the absence of health insurance coverage. Respectfully submitted, IRWIN & McKNIGHT By: )y - A Douglas . Mi ler, Esquire Supreme Court I.D. No. 83776 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 717-249-2353 Date: January 22, 2007 Attorney for Plaintiff/Petitioner 3 EXHIBIT "A" LAW OFFICES IR WIN & McKNI GHT WEST POMFRET PROFESSIONAL BUILDING 60 WEST POMFRET STREET HAROLD S. IRWIN (1925-1977) ROGER B. IRWIN CARLISLE, PENNSYLVANIA 17013-3222 HAROLD S. IRWIN, JR. (1954-1986) MARCUS A. MCKNIGHT, III IRWIN, IRWIN & IRWIN (1956-1986) DOUGLAS G. MILLER (717) 249-2353 IRWIN. IRWIN & McKNIGHT (1986-1994) MATTHEW A. McKNIGHT FAX (717) 249-6354 IRWIN, McKNIGHT & HUGHES (1994-2003) WWW IMHLAW. COM January 16, 2007 VIA FACSIMILE (717) 671-8968 and U.S. MAIL KRISTIN REINHOLD, ESQUIRE SILLIKER & REINHOLD 5922 LINGLESTOWN ROAD HARRISBURG, PA 17112 RE: COOK v. COOK NO. 2005 - 432, In Divorce Dear Attorney Reinhold: After several messages to your office, I have not yet received a response from you. The reason for my attempts to contact you is that my client, Mr. Cook, has recently discovered that he was removed from the health insurance coverage available to your client through her employment. Mr. Cook was not notified in advance of these actions before they were taken. He only discovered the lack of coverage when he could not obtain his prescription refills. It is our understanding that Mrs. Cook receives insurance coverage as a fully paid benefit from her employer. In addition, my client has paid all of the co-pays and other medical expenses not covered by insurance for both himself and the children. I therefore do not understand your client's actions in unilaterally removing Mr. Cook from the insurance coverage. This situation is made even more urgent by the fact that Mr. Cook has diabetes and other medical conditions which require regular prescription medication. Accordingly, unless your client immediately restores for Mr. Cook the insurance coverage available to her, I will be forced to recommend that Mr. Cook file an emergency petition for special relief with the court. It is imperative that I hear from you before 1:00 p.m. on Friday, January 19`h. Otherwise I will be proceeding as outlined. I appreciate your immediate attention to this matter. Very truly yours, IRWIN & McKNIGHT Dougl G. Miller DGM: tds cc: Marty Cook K4EAAORY TRANSMI SS I ON REPORT TIME JAN-18-2007 11:42AM TEL NUMBER +7172496354 NAME IRWIN & Mc KNIGHT LAW OFFICES FILE NUMBER 537 DATE JAN-18 11:41AM TO 7634247 DOCUMENT PAGES 002 START TIME JAN-18 11:41AM END TIME JAN-18 11:42AM SENT PAGES 002 STATUS OK FILE NUMBER 537 *** SUCCESSFUL TX NOT ICE *** L^VV OFFICaS IRWIN ?se McIQVIGHT WEST POMFRET PROFESS/ONAL QV/LO/NGa? 60 WEST POMFAET STREET /1N¢OLO S IRWIN (7925-/OTJ) ROGL°R Q. IRW/N e- Si-- -WA^11.4 AfAltCUS A. A/cIl/VlCNT, /// /K w1N /RWJN ?/RW/N (/030./Y?.M) DOUGLAS O. M/JJ.ER (77.1j 2449-2353 /RW/N, IRW/N i .NCKN/Q/? (J9QC-100x) /ItAT7 f/6W A. McKNJCXT FAX (717J 24.9-6364 /RW/N..WOA7?/OffJ' ? fJLCN?i9 (JOws-?p031 WWW./MHL.HW COM /Kw/N A MaICN/CI5IT' (2U0.Y- Facsi m i le Cover Sheet To: Marlin Markley, Esquire Company: Pttoric: (717)763 -1800 Fax: (717) 763-4247 From: pOUC3ml AS G_ MILLER, Esq. PI-xone: (717) 249-2353 Fax: (717) 249-6354 Date: January 18, 2007 Pages ixzclxxding oils cover page: 2 COMN?NTS: RE. Cook v_ Cools It is >my nader9tmL"cling that you arc now representing Karen Coolc In sward to the about-captioned matter- Attached please i3rid our recent letter to her counsel or record, Krfstia Reinhold. NQXgL' ZJ'yort did not rwcsive all of Ilse pager, or cryort !save arsy prolrlerrs with the ctartey ojthirfar please doll ttr at the Rar/sber listed on rlre letter/sead 7*AA1vrC YOU!! CONFlDENTIA X"Ir NO TICI£. 7'hss facsimile crrrztai"s corafidonNal lr{for-maKon which rrsay also be legally prYvttsred It fm intended only Jor the rose of the address(s) named above- Cryoa are nos the intended recipient, or the em"jw oyee or oge.¦t respons:bl r jor dilive"PA& it co sha irsterad`d rWclple"4 yo" a~ lse-e&y ",MAVfed tleot any stisresissnatton or copysrsg of shte facssrrssle rrr the raz"ws oftstsy attlois in rsrltarrce on the comrersts of this eeLecopsed irornaatina may be sisterly prohibited ;j•yoa have received this facsiirtile srs error, please not#& as inarnedsasely by eelsphons arsd re9"VW the antire facrtnstle az she' above ssddress at our cost vast the F-7 N. Possal Servtca TWAAW YOU! ! VERIFICATION The foregoing document is based upon information which has been gathered by my 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 unsworn falsification to authorities. P9 • Qo MARTI L. COOK Date: January 19, 2007 MARTIN L. COOK, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2005 - 432 CIVIL TERM KAREN I COOK9 CIVIL ACTION -LAW Defendant. IN DIVORCE CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, hereby certify that a copy of attached Petition for Special Relief 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: Kristen R. Reinhold, Esquire Silliker & Reinhold 5922 Linglestown Road Harrisburg, PA 17112 Marlin Markley, Esquire 2109 Market Street Camp Hill, PA 17011 IRWIN & McKNIGHT v A Douglas (V Miller, Esquire Supreme Court I.D. No. 83776 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Attorney for Plaintiff/Petitioner Date: January 22, 2007 n i ? 3 ` . DlIN83a0?r MARTIN L. COOK, : IN THE COURT OF COMMON PLEAS OF PlaintifVPetitioner, : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2005 - 432 CIVIL TERM KAREN J. COOK, CIVIL ACTION -LAW Defendant/Respondent. IN DIVORCE ORDER OF COURT AND NOW, this aL59 day of 9"-,U,41jVy,, 2007, upon consideration of the attached Defendant's Emergency Petition for Special Relief, a hearing is hereby scheduled for vG? 2007, in Courtroom No. at c-.2! 3 o'clock Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. / BY THE COURT, J. ?b E ! c :c9 TY 9 Nd.P Lu3Z n'J MARTIN L. COOK, Plaintiff vs. KAREN J. COOK, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLANDCOUNTY, PENNSYLVANIA :.No. 05-432 CIVIL ACTION- AT LAW DIVORCE/CUSTODY Please withdraw the appearance of Kristin Reinhold, Esquire, in the above-captioned action as Marlin L. Markley, Esquire is entering his appearance for the Defendant. Respectfully KristinJRei(ihold! LsquWe Sillik & Reinhold 5922 Linglestown Road Harrisburg, PA 17112 Date: b ID# 57991. Tel. (717) 671-1500 PRARCIPF, TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Marlin L. Markley, Esquire in the above-captioned action. Respectfully miffed d Z M in L. arkley, squire Law Offices of Patrick F. Lauer, Jr., LLC 2108 Market Street, Aztec Building Date: ID# 84745 Tel. (717) 763-1800 ? ?? ?--: ?? "'t ?; ? ._.; ?-r- 4?;`? ? :a,:_+ ? ? { _, P3 y?bi 4 ? ti: a.J _ ? ??? MARTIN L. COOK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLANDCOUNTY, PENNSYLVANIA VS. : No. 2005 - 432 KAREN J. COOK, CIVIL ACTION - AT LAW Defendant DIVORCE/CUSTODY NOTICE TO THE PLAINTIFF IF YOU WISH TO DENY ANY OF THE STATEMENTS SET FORTH IN THIS AFFIDAVIT, YOU MUST FILE A COUNTER-AFFIDAVIT WITHIN TWENTY (20) DAYS AFTER THIS AFFIDAVIT HAS BEEN SERVED ON YOU OR THE STATEMENTS WILL BE ADMITTED. AFFIDAVIT UNDER § 3301(d) OF THE DIVORCE CODE 1. Defendant was served a copy of the Divorce Complaint in January of 2005 and the parties have not reconciled and therefore have lived separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. 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 are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: 6,? Q J. Cook, Defendant c? "? - ?, cy ? ? ??_ ?_ ` ,. ?t y ? ? 2.?'-= ?; ? aD "a N MARTIN L. COOK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 2005-432 CIVIL KAREN J. COOK, Defendant IN DIVORCE IN RE: PLAINTIFF'S EMERGENCY PETITION FOR SPECIAL RELIEF ORDER AND NOW, this day of February, 2007, at the request of counsel for the plaintiff, hearing in the above-captioned matter is continued generally. BY THE COURT, '?&' /? .04L i A. Hess, J. /ouglas G. Miller, Esquire For the Plaintiff Marlin Markley, Jr., E? For the Defendant :rim A Vj jVA-VSNN3d fez :1 t wv h l 4 CZ ?4A MARTIN L. COOK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 2005 - 432 KAREN J. COOK, CIVIL ACTION - AT LAW Defendant DIVORCE/CUSTODY ACCEPTANCE OF SERVICE I, Douglas G. Miller, Esquire, attorney for the Plaintiff in the above-captioned matter, accept service of DEFENDANT'S AFFIDAVIT UNDER § 3301(d) OF THE DIVORCE CODE pursuant to Pennsylvania Rule of Civil Procedure, Rule 1930.4(d). I certify that I am authorized to accept service on behalf of the Plaintiff. r Douglas Miller, Esquire Date: a /'evep/ {? ? ?.. ? ?? t w r ?cv -- -- „ , ?? ?? ?f? \.? 1 .. - ?._..s s? ? ?? d..?7 f . a MARTIN L. COOK, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner, : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2005 - 432 CIVIL TERM KAREN J. COOK, : CIVIL ACTION -LAW Defendant/Respondent. : IN DIVORCE COUNTER-AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. Check either (a) or (b): X (a) I do not oppose the entry of a divorce decree. (b) I oppose the entry of a divorce decree because (Check (i), (ii) or both): (i) The parties to this action have not lived separate and apart for a period of at least two years. (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): (a) I do not with to make any claims for economic relief. 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. X (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights pursuant to Count III of the Divorce Complaint filed on my behalf. I understand that in addition to checking (b) above, I must also file all of my economic claims with the Prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further delay. I verify that the statements made in this counter-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. MAR N L. COOK Plaintiff Date. 7 , 2007 NOTICE IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU SHOULD NOT FILE THIS COUNTER-AFFIDAVIT. rv -- Z7 C?l CD G MARTIN L. COOK, Plaintiff VS. KAREN J. COOK, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :NO. 2005-432 CIVIL TERM CIVIL ACTION AT LAW-IN DIVORCE AND NOW COMES, the defendant, Karen J. Cook, by and through her attorneys, The Law Offices of Patrick F. Lauer, Jr., LLC, and moves the Court to appoint a Master with respect to the following claims: (X) Divorce ( ) Annulment (X) Alimony ( ) Alimony Pendente Lite and in support of the Motion states: (X) Distribution of Property ( ) Support (X) Counsel Fees (X) Costs and Expenses 1. Discovery is complete as to the claims for which the appointment of a master is requested. 2. The Defendant has appeared in the action by counsel Douglas G. Miller, Esquire. 3. The statutory grounds for divorce are 3301(c) and 3301 (d). 4. The action is contested with respect to Alimony, Distribution of Property and Counsel Fees and Costs and Expenses. 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take half of a day. Respectfully Marlin L. P 2108 MarkefStreet Aztec Building Camp Hill, Pe lvania 17011-4706 Date: July 5, 2007 ID# 84745 T/.. (717) 763-1800 MARTIN L. COOK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. :NO. 2005-432 CIVIL TERM KAREN J. COOK, : CIVIL ACTION Defendant : AT LAW-IN DIVORCE I, Marlin L. Markley, Esquire, hereby certify that on the below-noted date, served a true and correct copy of the foregoing Motion for Appointment of Master upon the following named counsel by depositing same, postage prepaid, in the United States Mail, addressed as follows: Douglas G. Miller, Esquire 60 West Pomfret Street Carlisle, PA 17013 Date: July 5, 2007 Marlin L. Markley, Esquire 2108 Market S et, Aztec Building Camp Hill, Pe Sylvania 17011-4706 ID# 84745 Tel. (717) 763-1800 ? C ? v S f:, 17 -o r't _ t ~ BY THE G, J. Distribution: -Marlin L. Markley, Esq., 2108 Market St., Camp Hill, PA 17011 4?' tad 0, 9,6 -Douglas G. Miller, Esq., 60 West Pomfret St., Carlisle, PA 17013 MARTIN L. COOK, Plaintiff vs. KAREN J. COOK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :NO. 2005-432 CIVIL TERM CIVIL ACTION AT LAW-IN DIVORCE AND NOW, this day of , 2007, E. ROBERT ELICKER, 11, is hereby appointed Master in givorce. N MARTIN L. COOK, Plaintiff V. KAREN J. COOK, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005 - 432 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 January 25, 2005. 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: - L- ti•./ T L. COO Plaintiff q D MARTIN L. COOK, Plaintiff/Petitioner, V. KAREN J. COOK, Defendant/Respondent. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005 - 432 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. 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: r - Q? I 31-N L. COO Plaintiff P n f MARTIN L. COOK, Plaintiff/Petitioner, V. KAREN J. COOK, Defendant/Respondent. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005 - 432 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 January 25, 2005. 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 v,14 r",4 KARIN J. OOK Defendant -CR crx ..? MARTIN L. COOK, Plaintiff/Petitioner, V. KAREN J. COOK, Defendant/Respondent. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2005 - 432 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. 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: _ ?C,,?4/ r(nwt_? KAREN J. COO Defendant C ° c= -rt Mai -11 M MARTIN L. COOK, Plaintiff VS. KAREN J. COOK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05 - 432 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this day of 2008, counsel and the parties having entered to an agreement and stipulation resolving the economic issues on June 12, 2008, the date set for a Master's hearing, 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 consistent with Paragraph 9 of the agreement. BY THE COURT, Q." Edgar B. Bayley, P.J. cc: Douglas G. Miller Attorney for Plaintiff Marlin L. Markley Attorney for Defendant ?£S mat tl?XL t" a r cm LLJ =i G 1 ° CJ tart ? MARTIN L. COOK, Plaintiff VS. KAREN J. COOK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05 - 932 CIVIL IN DIVORCE THE MASTER: This is the date set for a hearing in the above-caption divorce proceedings. Present in the hearing room are the Plaintiff, Martin L. Cook, and his counsel Douglas G. Miller, and the Defendant, Karen J. Cook, and her counsel Marlin L. Markley. This action was commenced by the filing of a complaint in divorce on January 25, 2005, raising grounds of irretrievable breakdown of the marriage. The complaint also raised a claim for equitable distribution. On February 28, 2005, wife filed a counterclaim raising additional economic claims of alimony, alimony pendente lite, and counsel fees and costs. With respect to the grounds for divorce, affidavit of consents and waivers of notice of intention to request entry of divorce decree have been signed today by the parties and will be filed by the Master with the Prothonotary. The divorce will be able to be concluded Section 3301(c) of the Domestic Relations Code. It is noted that an affidavit under Section 3301(d) was filed on February 13, 2007, and a counter-affidavit was filed in 1 response. However, the parties are going to proceed under the 3301(c) mutual consent section of the divorce code. The agreement as placed on the record today 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. Subsequently, when the parties leave the hearing room today they are bound by the terms of the agreement as set forth on the record. The parties and counsel are going to return later this morning to review the draft of the agreement, make any correction of typographical errors as necessary, and then sign the agreement affirming the terms of settlement as stated on the record. The parties were married on September 18, 1982, and separated on January 25, 2005, the date of the filing of the divorce complaint. The parties are the natural parents of four children, all whom are minors and reside with husband. Mr. Cook resides at 3803 Chippenham Road, Mechanicsburg, Pennsylvania, 17050 and Mrs. Cook resides at 4172 Antelope Court, Apartment 118, Mechanicsburg, Pennsylvania 17050. The Master has been advised that the parties do not wish to finally conclude the divorce with a decree until December 1, 2008. Consequently, the agreement will provide that although the Master is going to vacate his 2 V appointment and file the agreement with the Court the divorce decree cannot be entered until after December 1, 2008, at which time the praecipe to transmit the record can be filed with the Prothonotary. Mr. Miller. MR. MILLER: 1. The marital residence of the parties is located at 3803 Chippenham Road, Mechanicsburg, PA 17050. Wife previously vacated the marital residence and agrees that husband shall have sole and exclusive possession of the marital residence. In addition, wife agrees to sign a deed within thirty (30) days of today's date transferring all right, title and interest in the marital residence to husband. Said deed is to be prepared by husband's attorney and upon signing of the deed by wife is to be held in escrow with the firm of Irwin and McKnight pending refinance or assumption by husband of the mortgage secured against the marital residence. Husband shall have until June 30, 2010, in which to refinance or assume the existing mortgage against the marital residence. The mortgage is currently in favor of Sovereign Bank, and husband agrees to continue to pay all monthly payments due under the terms of the mortgage and hold harmless and indemnify wife for the mortgage. If husband fails to secure financing in his name for the marital residence, on or before June 30, 2010, then both parties agree to immediately list the property for sale and cooperate with the sale of the marital residence for fair market value. In addition, the parties agree that if husband fails to make three payments, the parties agree to cooperate to list the real estate for sale. In the event that the property is listed for sale, any proceeds from the sale of the marital residence shall be husbands. 2. The parties specifically acknowledge the existence of certain judgments filed against them. In particular, an action in favor of the estate of Eric H. Witte vs. both parties and docketed in the Prothonotary's office of the Court of Common Pleas of Cumberland County, at docket No. 2001 - 640, an action in favor of the Pennsylvania State 3 Employees Credit Union vs. both of the parties filed in the Prothonotary's Office of the Court of Common Pleas at docket No. 2003 - 903; and judgment in favor of Ford Motor Credit Company filed against both of the parties and docketed in the Prothonotary's Office at the Court of Common Pleas at docket No. 2006 - 2618. Husband agrees to assume sole responsibility for and to hold wife harmless from any liability that may arise with regard to the judgment in favor of the Eric H. Witte estate and the Pennsylvania State Employees Credit Union, those being the first two judgments identified above. Husband shall satisfy those judgments upon refinancing the mortgage secured by the marital residence, unless husband otherwise is able to satisfy those judgments prior to refinancing. With regard to the third judgment of Ford Motor Credit Company, the parties acknowledge that this is a marital debt and that they shall remain equally responsible for that obligation. The parties further agree to indemnify and hold each other harmless for the other side's 1/2 of the Ford Motor Credit judgment. It is the intent of the parties that upon refinance of the marital residence by husband that the obligation to Ford Motor Credit will be satisfied and that the parties agree to cooperate in paying that obligation. 3. The parties agree to indemnify and hold each other harmless for any individual debts or liabilities incurred after the separation of the parties. It is the understanding currently of the parties that other than the debts listed above that there are no other joint debts or joint obligations. 4. The parties have already divided the tangible personal property to their mutual satisfaction. Each party hereby waives all right, title and interest to any personal property in the possession of the other. Wife has certain items of tangible personal property remaining in the marital residence. Wife is going to prepare a list and provide to husband and his attorney. If agreeable then she will have thirty (30) days from the date of the assent to the list to pick up the items that have been identified. 5. The parties agree that any pensions or retirement accounts in their individual names shall become the sole and separate assets of the party in whose name they were titled. This includes, but is not limited to, pensions, individual retirement accounts, 401(k) accounts and any similar such assets. Each party hereby relinquishes any right, title or interest that they may have in the retirement assets of the other. 4 6. In addition, each party has certain bank accounts, in their individual names, each party hereby waives any right, title or interest that they may have in the accounts of the other party. In the event that there are any joint accounts remaining that the parties have not previously addressed, the parties agree to divide any funds in those accounts equally and have them closed within thirty (30) days. 7. Husband is the sole shareholder of Blue Comet Concepts Incorporated. Wife hereby waives any right, title, and interest in said corporation and any assets or fictitious names that it controls. In addition, wife hereby waives any right, title or interest in any future corporations or business ventures of husband. 8. The parties agree that in consideration of the terms made herein, that they waive and relinquish any and all claims and demands that they may now have or hereafter have against the other for alimony, alimony pendente lite, spousal support, counsel fees, and court costs. 9. The parties also agree that following the execution of this agreement and the subsequent order vacating the appointment of the Master, neither party will file the necessary praecipe to transmit until on or after December 1, 2008. Nevertheless, husband's attorney shall file the praecipe to transmit no later than December 15, 2008, so that the divorce decree can be entered prior to December 31, 2008. The intent of the parties is to delay the finalization of the divorce in order to permit husband time to secure separate health insurance coverage. 10. The parties agree to cooperate with the terms of this agreement and execute any and all additional written documents or instruments which may be necessary or desirable for the implementation of the terms of this agreement. 11. 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 allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as 5 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. MILLER: Mr. Cook, have you had the opportunity to listen to this agreement as read on the record? MR. COOK: Yes. MR. MILLER: And do you understand the terms of the agreement as they have been read on the record? MR. COOK: Yes. MR. MILLER: Do you agree to the terms that have been read on to the record today? MR. COOK: Yes. MR. MILLER: Do you have any questions? MR. COOK: I can't think of any. MR. MARKLEY: Ms. Cook, did you hear the terms read to the stenographer? MS. COOK: Yes. MR. MARKLEY: Do you have any questions regarding any of those terms? MS. COOK: No. MR. MARKLEY: Do you understand those terms? MS. COOK: Yes. MR. MARKLEY: And you and I discussed those 6 terms prior to coming in here, correct? MS. COOK: Correct. MR. MARKLEY: And you are in agreement with those? MS. COOK: Yes. THE MASTER: Thank you. 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: DATE: h-t i.-aV Doug as . Attornev -t-or Plaintiff ?Iarl-f-rL. Markley Attor ey for Defendant G ?z op ?a Martin 'L. Cook - 'z Karen J Cook 7 MARTIN L. COOK, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner, : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2005 - 432 CIVIL TERM KAREN J. COOK, : CIVIL ACTION -LAW Defendant/Respondent. : 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) 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, Karen J. Cook on or about June 12, 2008. 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: June 12, 2008 by defendant: June 12, 2008 (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 plaintiff s Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: June 12, 2008 Date defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: June 12, 2008 Douglas G filler, Esquire Attorney f 1r Plaintiff Date: March 10, 2008 r''v O t ta rz es Fr r `£y e n c o Martin L. Cook V. Karen J. Cook IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-432 DIVORCE DECREE AND NOW, Mr-" If 7oc ; it is ordered and decreed that Martin L. Cook plaintiff, and Karen J. Cook , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (if no claims remain indicate "None.") The Marriage Settlement Agreement dated June 18, 2008 and signed by the pa es is ere y incorporated into is ecree u no merged. By the Court, _A/ Atte t: J. Prothonotary v3w*v--% oe? *4we 7kw w I MARTIN L. COOK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 2005-432 KAREN J. COOK, CIVIL ACTION - AT LAW - CUSTODY Defendant COMPLAINT FOR CUSTODY The Defendant, Karen J. Cook, by and through her attorneys, the Law Offices of Patrick F. Lauer, Jr., L.L.C., seeks to obtain shared custody of her minor children and makes the following averments in support thereof 1. The Plaintiff is "Father", Martin L. Cook, and is an adult individual who currently resides at 3803 Chippenham Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. The Defendant is "Mother", Karen J. Cook, and is an adult individual who currently resides at 4172 Antelope Court #118, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. There are four dependent children, namely, Jason Cook, born September 24, 1991 (age 17), Jenna Cook, born January 21, 1993 (age 16), Aaron Cook, born August 22, 1998 (age 10), Madison Cook born August 13, 2000 (age 8). The children were not born out of wedlock. 4. The Defendant seeks shared physical custody of the children. 5 The minor children are presently in the custody of the Defendant every other week, who resides at 4172 Antelope Court # 118, Mechanicsburg, Cumberland County, Pennsylvania 17050 and in the custody of the Plaintiff every other week, who resides at 3803 Chippenham Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. c ? 6. During the past five years, the children have resided at the following address with the following persons: Dates: Addresses: List All Persons: July 2000 - May 2005 3803 Chippenham Road Mother, Karen J. Cook Mechanicsburg, PA 17050 Father, Martin L. Cook May 2005 - Present 3803 Chippenham Road Father, Martin L. Cook Mechanicsburg, PA 17050 Every other week May 2005 - Present 4172 Antelope Court #118 Mother, Karen J. Cook Mechanicsburg, PA 17050 Every other week 7. The relationship of Plaintiff to the children is that of natural father. He currently resides with the children every other week. 8. The relationship of Defendant to the children is that of natural mother. She currently resides with the children every other week. 9. The Defendant has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 10. The Defendant has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 11. The Defendant does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 12. The best interest and permanent welfare of the children will be served by granting the relief requested, because: a. Defendant can provide the children with adequate moral, emotional, and physical surroundings as required to meet the children's needs; b. Defendant is willing to continue custody of the child. C. Defendant continues to exercise parental duties and enjoys the love and affection of the children. 13. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children has been named as parties to this action. No other persons are known to have or claim a right to custody or visitation, and therefore no notice will be given of the pendency of this action and the right to intervene, save as to the Plaintiff. WHEREFORE, The Defendant respectfully requests this Honorable Court approve any settlement reached between the parties; or, in the event they are unable to reach a settlement, grant the Plaintiff rights of legal and physical custody. Date: 2 2? MarKfi L. arkley, Esquire Law Of es of Patrick F. Lauer, Jr., L.L.C. 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 84745 Tel. (717) 763-1800 Respectfully submitted, MARTIN L. COOK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : No. 2005-432 KAREN J. COOK, CIVIL ACTION - AT LAW - CUSTODY Defendant VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. Date: Yy6ren J. Cook -` CTI f 4. ry `_? 3J 1 MARTIN L. COOK IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2005-432 CIVIL ACTION LAW KAREN J. COOK IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, April 01, 2009 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, May 05, 2009 _ at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: _/s/ ohn . Man an r. Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites 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. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 OF ? ?MURY 1N9 APR -1 M1 2t 43 couta'Y € WOLVAMA MARTIN L. COOK, Plaintiff VS. KAREN J. COOK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 2005-432 : CIVIL ACTION - AT LAW - CUSTODY PRAECIPE TO WITHDRAW AS COUNSEL Kindly withdraw my appearance as counsel for Karen J. Cook, Defendant with regard to the above-captioned matter. Date: .4- (7-2do 'Marlin-C tarkley, Esquire Law Offices of Patrick F. Lauer, Jr., L.L.C. 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 84745 Tel. (717) 763-1800 Attorney Withdrawing PRAECIPE TO ENTER APPEARANCE AS COUNSEL Kindly enter my appearance on behalf of Karen J. Cook, Defendant with regard to the above captioned matter. Date: 4-17.2oo? arlin L. Markley, Esquire Attorney I.D. No. 84745 112 Market Street, 6 h Floor Harrisburg, PA 17101 Telephone (717) 236-9391 Facsimile (717) 236-6602 Attorney Entering Appearance FILE D-O >>F P 2009 APR 21 N . 2 0 t , MARTIN L. COOK, Plaintiff, V. KAREN J. COOK, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005 - 432 CIVIL TERM CIVIL ACTION -LAW IN CUSTODY PLAINTIFF'S ANSWER TO DEFENDANT'S COMPLAINT FOR CUSTODY AND NOW this 1St day of May, 2009, comes the Plaintiff, MARTIN L. COOK, by and through his attorneys, Irwin & McKnight, P.C., and respectfully files this Answer to the Defendant's Complaint for Custody, and in support thereof avers as follows: 1. The averments of fact contained in paragraph one (1) of the Complaint are admitted. 2. The averments of fact contained in paragraph two (2) are admitted. 3. The averments of fact contained in paragraph three (3) are admitted. 4. After reasonable investigation Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph four (4) of the Complaint. To the extent a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. By way of further answer, since approximately November 2002, it has been the Plaintiff Father that has provided the majority of the day-to-day care and custody of the minor children. 5. The averments contained in paragraph five (5) are denied as stated. It is admitted that in the past the parties' attempted an alternating weekly schedule and that the parties' teenage son still essentially follows that schedule. However, the remaining three children reside primarily with Plaintiff Father, and he provides all transportation and financial expenses with regard to the support of the children. The remaining averments in paragraph five (5) are specifically denied and strict proof thereof is demanded at trial. 6. The averments contained in paragraph six (6) are denied as stated. It is admitted that in the past the parties' attempted an alternating weekly schedule and that the parties' teenage son still essentially follows that schedule. However, such a schedule was not attempted by the parties until approximately June 2008, not May 2005 as alleged by Defendant Mother. The remaining three children have resided primarily with Plaintiff Father, both currently and for the majority of that time since November 2002. The remaining averments in paragraph six (6) are specifically denied and strict proof thereof is demanded at trial. 7. The averments in paragraph seven (7) are denied as stated. It is admitted that the Plaintiff is the natural father, but the remainder of the averments in paragraph seven (7) are specifically denied and strict proof thereof is demanded at trial. 8. The averments contained in paragraph eight (8) are denied as stated. It is admitted that the Defendant is the natural mother, but the remainder of the averments in paragraph eight (8) are specifically denied and strict proof thereof is demanded at trial. 9. After reasonable investigation Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph nine (9) of the Complaint. To the extent a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. 10. The averments contained in paragraph ten (10) are conclusions of law to which no response is required. To the extent that a response is required, Plaintiff is not aware of any other pending custody proceedings. 11. The averments contained in paragraph eleven (11) are conclusions of law to which no response is required. To the extent that a response is required, Plaintiff is not aware of any other necessary parties to the proceeding. 12. The averments of fact contained in paragraph twelve (12) are specifically denied and strict proof thereof is demanded at trial. By way of further answer, Defendant Mother has not consistently been involved in the lives of the minor children, and has a serious dependency 2 upon and addiction to alcohol. She often drinks in front of the children, and habitually passes out when at home in the evenings, even when the minor children are in her custody. Plaintiff Father has regularly attended therapy sessions in order to be able to improve his relationship with Mother and attempt to maintain a normal atmosphere for the children. Mother has regularly rebuffed Father's attempts to co-parent the children and maintain a unified front on issues such as discipline and responsibility. Father is almost exclusively responsible for ensuring that the children attend extracurricular activities, doctor visits, church, and family outings, as well as providing the expenses associated with all such school, family, and private events. Father most assuredly does not believe that the best interests and permanent welfare of the children will be served by granting Mother's requests. 13. The averments contained in paragraph thirteen (13) are conclusions of law to which no response is required. To the extent that a response is required, Plaintiff is not aware of any other necessary parties to the proceeding. WHEREFORE, the Plaintiff, Martin L. Cook, respectfully requests that this Honorable Court deny the Defendant's Complaint for Custody, along with such other and further relief as this Court deems just. Respectfully submitted, IRWIN & McKNIGHT, P.C. By. AA- DoWas . Miller, squire Supreme Court I.D. No. 83776 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Plaintiff, Date: May 1, 2009 Martin L. Cook 3 VERIFICATION The foregoing document is based upon information which has been gathered by my 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. MARTEN L. COOK Date: 5-1-09 CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below both by facsimile and by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: Marlin L. Markley, Jr., Esquire Foreman, Foreman & Caraciolo, P.C. 112 Market Street, 6th Floor High Harrisburg, PA 17101 Date: May 1, 2009 IRWIN & McKNIGHT, P.C. - SIA. Douglas Miller, Esquire Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Plaintiff filet} i ;'r4 =i E: OF THE 2009 HAy - i C''ii J: C6 MAY 12 2008 e MARTIN L. COOK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 05-432 CIVIL ACTION LAW KAREN J. COOK, IN CUSTODY Defendant ORDER OF COURT AND NOW this I t? day of May 2009, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. Legal Custody: The Father, Martin Cook, and the Mother, Karen Cook, shall have shared legal custody of Jason Cook, born 09/24/1991, Jenna Cook, born 01/21/1993, Aaron Cook, born 08/22/1998 and Madison Cook, born 08/13/2000. The parties shall have an equal right to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody: Father shall have primary physical custody of the Children subject to Mother's physical custody as follows: a. In regard to Jason, the parties shall arrange physical custody as mutually agreed. b. In regard to Jenna, Aaron and Madison, Mother shall have physical custody every other weekend commencing 5/14/09 from Thursday 6:00 pm until Sunday 10:00 am. Father shall transport the Children to religious services and have custody on Sunday from 10:00 am until 12:00 pm. Father shall then transport the Children back to Mother and Mother shall have custody from 12:00 pm until 6:00 pm on Sunday. C. Father shall provide all transportation for the custodial exchanges. d. Mother shall have physical custody of the Children at such other times as the parties may mutually agree. 3. Counseling: Mother has agreed, and is directed, to schedule a drug and alcohol evaluation within two (2) weeks of this Order. Mother shall follow the recommendations of said evaluation. Both parties are directed to sign releases for the release of information/ consent for communication for either parent and their attorneys. Both parties have agreed, and are directed, to engage in therapeutic family counseling (to address co-parenting) with a mutually- agreed upon professional. The cost of said counseling, after appropriate payment through insurance, shall be split equally between the parties. C?] C) 4. The non-custodial parent shall have liberal telephone contact with the Children on a reasonable basis. M 5. Holidays: The parents shall arrange a holiday schedule as mutually agreed upon. 6. Each parent shall have one week (seven consecutive days) of vacation with the Children per year. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand this vacation time by mutual agreement. 7. In the event the custodial parent should take the Children out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 8. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Children. 9. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 10. During any periods of custody or visitation, the parties shall not possess or use controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 11. A status update conciliation conference with the assigned conciliator is hereby scheduled for August 3, 2009 at 9:00 am at the Court of Common Pleas, Carlisle, PA. 12. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. By the Court, J. Distribution: IMarlin ouglas Miller, Esquire Markley, Jr., Esquire John J. Mangan, Esquire 0--0 t fS ,,a.t (, L, ??1?g t{ ? MARTIN L. COOK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 05-432 CIVIL ACTION LAW KAREN J. COOK, IN CUSTODY Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the Children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Jason Cook 09/24/1991 Primary Father Jenna Cook 01/21/1993 Primary Father Aaron Cook 08/22/1998 Primary Father Madison Cook 08/13/2000 Primary Father 2. A Conciliation Conference was held with regard to this matter on May 05, 2009 with the following individuals in attendance: The Mother, Karen Cook, with her counsel, Marlin Markley, Esq. The Father, Martin Cook, with his counsel, Douglas Miller, Esq. 3. The parties agreed to the entry of an Order in the form as attached. Date John , Esquire Custody Conciliator A,G,ozoo96 v MARTIN L. COOK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 05-432 CIVIL ACTION LAW KAREN J. COOK, IN CUSTODY Defendant Prior Judge: M. L. Ebert, Jr., J. ORDER OF COURT AND NOW this 11? day of August 2009, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. All prior Orders are hereby VACATED and replaced with the instant Order. 2. Legal Custody: The Father, Martin Cook, and the Mother, Karen Cook, shall have shared legal custody of Jason Cook, born 09/24/1991, Jenna Cook, born 01/21/1993, Aaron Cook, born 08/22/1998 and Madison Cook, born 08/13/2000. The parties shall have an equal right to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody: Father shall have primary physical custody of the Children subject to Mother's physical custody as follows: a. In regard to Jason, the parties shall arrange physical custody as mutually agreed. b. In regard to Jenna, Aaron and Madison, Mother shall have physical custody every other weekend commencing 5/14/09 from Thursday 6:00 pm until Sunday 10:00 am. Father shall transport the Children to religious services and have custody on Sunday from 10:00 am until 12:00 pm. Father shall then transport the Children back to Mother and Mother shall have custody from 12:00 pm until 6:00 pm on Sunday. The parties have agreed to this schedule to be in effect as long as maternal grandmother is staying with Mother for Mother's periods of custody. The parties may continue this arrangement after maternal grandmother leaves Mother's residence pursuant to mutual agreement. C. Father shall provide all transportation for the custodial exchanges. d. Mother shall have physical custody of the Children at such other times as the parties may mutually agree. 4. Counseling: Mother has agreed, and is directed, to continue with her counseling until successfully discharged. Mother shall follow the recommendations of said counseling. Both parties are directed to sign releases for the release of information/ consent for communication for either parent and their attorneys. Both parties have agreed, and are directed, to engage in therapeutic family counseling (to address co-parenting) with a mutually-agreed upon professional. The parties have further agreed to continue with the Children's counseling with Lori Pittman. The cost of said counseling, after appropriate payment through insurance, shall be split equally between the parties. 5. The non-custodial parent shall have liberal telephone contact with the Children on a reasonable basis. 6. Holidays: The parents shall arrange a holiday schedule as mutually agreed upon. 7. Each parent shall have one week (seven consecutive days) of vacation with the Children per year. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand this vacation time by mutual agreement. 8. In the event the custodial parent should take the Children out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 9. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Children. 10. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 11. During any periods of custody or visitation, the parties shall not possess or use controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. Mother has agreed, and shall not consume any alcohol immediately prior to, or during, her periods of custody with the Children. Mother has further agreed, and shall not, possess any alcohol in her residence. 12. If the parties can not mutually agree to an appropriate custody situation after maternal grandmother is no longer at Mother's residence, the parties, or their counsel may contact the assigned conciliator to schedule a conference at the Courthouse or via telephone conference. 13. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. By the Court, a J. ? 4 Distribution: ,ouglas Miller, Esquire .duce Foreman, Esquire ?ohn J. Mangan, Esquire MARTIN L. COOK, Plaintiff V. KAREN J. COOK, Defendant Prior Judge: M. L. Ebert, Jr., J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 05-432 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Jason Cook 09/24/1991 Primary Father Jenna Cook 01/21/1993 Primary Father Aaron Cook 08/22/1998 Primary Father Madison Cook 08/13/2000 Primary Father 2. A Conciliation Conference was held with regard to this matter on May 05, 2009, an Order issued May 14, 2009 and a conciliation conference was held August 3, 2009 with the following individuals in attendance: The Mother, Karen Cook, with her counsel, Bruce Foreman, Esq. The Father, Martin Cook, with his counsel, Douglas Miller, Esq. 3. The parties agreed to the entry of an Order in the form as attached. g? A67 Date John J. M squire Custody o iliator 7 FUQ-OFFICE OF THE FRfln<V,,`fARY AUG 13 AM 11 : 51 MARTIN L. COOK, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYbVA,NIA:, c cz ? V. NO. 2005 - 432 CIVIL TERM, KAREN J. COOK, r t CIVIL ACTION -LAW Ct .? Defendant. : IN DIVORCE --- PLAINTIFF'S ANSWE R TO DEFENDANT'S MOTION TO COMPa AND NOW this 7th day of June, 2010, comes the Plaintiff, Martin L. Cook, by and through his attorneys, Irwin & McKnight, P.C., and respectfully files this Answer to Defendant's Motion to Compel, and in support thereof aver as follows: 1. The averments contained in paragraph one (1) of the Defendant's Motion to Compel are admitted. 2. The averments contained in paragraph two (2) are admitted upon information and belief. 3. The averments contained in paragraph three (3) are admitted. 4. The Agreement of the parties dated June 12, 2008, as referenced by Defendant in paragraph four (4) and identified as Exhibit "A," speaks for itself and therefore no response is required. To the extent that a response is required, the averments in paragraph four (4) are conclusions of law, and furthermore those averments that misrepresent the terms of the Agreement and assert that the property must be listed for sale "actively and jointly with Defendant" are specifically denied and strict proof thereof is demanded at trial. 5. The Agreement of the parties dated June 12, 2008, as referenced by Defendant in paragraph five (5) and identified as Exhibit "A," speaks for itself and therefore no response is required. To the extent that a response is required, any implications by Defendant that misrepresent the terms of the Agreement and assert that the property must be listed for sale "actively and jointly with Defendant" are specifically denied and strict proof thereof is demanded at trial. 6. The Divorce Decree in this matter as referenced by Defendant in paragraph six (6) and identified as Exhibit "B," speaks for itself and therefore no response is required. To the extent that a response is required, any implications by Defendant that misrepresent the terms of the Agreement of the parties and assert that the property must be listed for sale "actively and jointly with Defendant" are specifically denied and strict proof thereof is demanded at trial. T The averments contained in paragraph seven (7) are conclusions of law to which no response is required. To the extent a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. By way of further answer, the Agreement of the parties does not require a joint listing of the property as asserted by Defendant through her legal counsel. In fact, as already conveyed to Defendant's legal counsel, the former marital residence was listed for sale with a realtor after the Agreement of the parties was signed, which listing expired without any satisfactory offers to purchase being received by Plaintiff. Plaintiff has also recently signed a new listing agreement with the Jack Gaughen Realtor office located in Camp Hill for the sale of the property. Progress on that listing was recently delayed when the violent storm on or about Thursday, May 26, 2011, caused significant tree damage to the property. Plaintiff has continued to make payments toward the mortgage secured by the property, and despite the terrible state of the real estate market, he continues to be willing to accept reasonable purchase offers for the property. 2 WHEREFORE, Plaintiff, Martin L. Cook, respectfully requests this Honorable Court to enter an Order denying the Defendant's Motion to Compel and instead permitting Plaintiff to continue to list the property for sale. Respectfully Submitted, IRWIN & McKNIGHT, P.C. Dated: June 7, 2011 By: "' )U4^4-4f4AA N A Douglas iller, squire Supreme Vo-urt ID # 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Plaintiff 3 VERIFICATION The foregoing document is based upon information which has been gathered by my 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 unsworn falsification to authorities. MARTIN L. COOK Date: 6/7/11 CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by regular United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: BRUCE D. FOREMAN, ESQUIRE 112 MARKET STREET SIXTH FLOOR HARRISBURG, PA 17101 Date: June 7, 2011 IRWIN & McKNIGHT, P.C. Douglas Miller, Esquire Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Plaintiff 4 MARTIN L. COOK, V. KAREN J. COOK, Plaintiff Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2005-432 CIVIL ACTION - LAW ORDER OF COURT AND NOW, this boa day of _, 2011, based upon Defendant's Motion for A-1-j,- 9." ?-9414 Hearing, the Motion is hereby GRANTED and aJwWasg is scheduled for the day of 2011 at CI; is 0 in. in Courtroom T of the Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT: 41.1 Distribution: :?- Bruce D. Foreman, Esquire (Attorney for Defendant) _ ,1 e1 / 112 Market Street, 6th Floor, Harrisburg, PA 17101 019pix- 1 oDouglas G. Miller, Esquire (Attorney for Plaints ? I?'Qrb 60 West Pomfret Street, Carlisle, PA 17013 - ::D - rrr C ) r- , C CD C rn. p? ? 3 J 1 0 F;1...70-OFFICE .y.� i{� X' � n ?�M` Oi i Hl.PRU i iO�iOTP,R i Bruce D.Foreman,Esquire N13 NOV 2 1 PM 1: }0 Attorney ID No.21193 Foreman&Caraciolo,P.C. CUMBERLAND GOUTY 112 Market Street,6`h Floor +' VA N I A Harrisburg,PA 17101�� v (717)236-9391 Telephone (717)236-6602 Facsimile bruce @FFClaw.net Attorney for Defendant MARTIN L. COOK, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA v. : No. 2005-432 • KAREN J. COOK, Defendant • CIVIL ACTION-LAW DEFENDANT'S MOTION TO COMPEL AND NOW, comes the Defendant, Karen J. Cook, by and through her attorneys, Foreman & Caraciolo,P.C. and filed the instant Motion to Compel,and in support thereof,avers as follows: 1. Plaintiff is Martin L. Cook, husband in the underlying divorce action, an adult individual who presently resides at 3803 Chippenham Road,Mechanicsburg,PA 17050. 2. Defendant is Karen J. Cook, wife in the underlying divorce action, an adult individual who presently resides at 1266 Timber View Drive,Mechanicsburg,PA 17050. 3. A divorce action was filed to the above captioned term and number in January of 2005. 4. On June 12, 2008, the parties entered into an agreement whereby Plaintiff agreed to accept sole responsibility for the mortgage on the marital home at 3803 Chippenham Road, Mechancisburg, PA 17050 and to actively and jointly with Defendant, market and sell the house if, on or before June 30,2010,Plaintiff could not remove Defendant's name from the mortgage. 5. Paragraph 1 of that agreement, as memorialized by Plaintiff's attorney in a transcript of a Master's Hearing held June 12,2008,attached hereto,labeled Exhibit"A",and made a part hereof, states: "The marital residence of the parties is located at 3803 Chippenham Road, Mechanicsburg, PA 17050. Wife previously vacated the marital residence and agrees that husband shall have sole and exclusive possession of the marital residence. In addition,wife agrees to sign a deed within thirty(30) days of today's date transferring all right,title and interest in the marital residence to husband. Said deed is to be prepared by husband's attorney and upon signing of the deed by wife is to be held in escrow with the firm of Irwin.and McKnight pending refinance or assumption by husband of the mortgage secured against the marital residence." "Husband shall have until June 30, 2010, in which to refinance or assume the existing mortgage against the marital residence. The mortgage is currently in favor of Sovereign Bank, and husband agrees to continue to pay all monthly payments due under - the terms of the mortgage and hold harmless and indemnify wife for the mortgage." "If husband fails to secure financing in his name for the marital residence, on or before June 30, 2010,then both parties agree to immediately list the property for sale and cooperate with the sale of the marital residence for fair market value." "In addition, the parties agree that if husband fails to make three payments, the parties agree to cooperate to list the real estate for sale. In the event that the property is listed for sale,any proceeds from the sale of the marital residence shall be husbands." 6. A Decree in Divorce, incorporating the Marriage Settlement Agreement, was issued March 18, 2009 by the Honorable Kevin A. Hess, Judge of the Cumberland County Court of Common Pleas. A true and correct copy of the said Decree in Divorce is attached hereto, labeled Exhibit"B", and made a part hereof. 7. Despite the fact that the time within which Plaintiff was mandated and agreed to remove Defendant's name from the mortgage and obligation of lien on the marital house has expired and despite repeated requests from Defendant through her counsel, Plaintiff has failed to remove the lien and obligation of mortgage from Defendant's name and has refused and failed to abide by the agreement to immediately and jointly with Defendant list the real estate for sale. 8. Defendant has been advised that the mortgage Plaintiff agreed to keep current and which Plaintiff agreed to have Defendant removed by June 30, 2010, is now in default, delinquent and mortgage foreclosure has been threatened. A true and correct copy of a Notice of Residential Mortgage Foreclosure is attached hereto, labeled Exhibit"C", and made a part hereof. 9. On information received, Defendant believes and therefore avers that Plaintiff as of June 17, 2013, has a principal balance due and owing of$168,101.52 interest from February 1, 2012 through June 17, 2013 of $20,823.81, late charges of $1,599.08, property inspections fees of $155.25, non- sufficient fund charges of$30.00 and an escrow deficit of$2,359.67 for a total due of$194,569.33 as of June 17,2013. and continuing. 10. Defendant believes and therefore avers that Defendant's credit has been materially hurt by Plaintiff's failure to comply with the agreement aforesaid. 11. Defendant has been advised and therefore avers that in addition to the mortgage foreclosure, Sovereign Bank, mortgage holder,may assert judgment against Defendant for which Plaintiff has agreed to indemnify but has failed to make the payments required. 12. Defendant has incurred necessary and reasonable costs attempting to enforce this action in an amount not less than$1,500.00 which fees are reasonable and necessary. WHEREFORE,Defendant respectfully requests that Plaintiff be ordered and compelled to satisfy the mortgage, immediately list and sell the marital residence or transfer the marital residence to Defendant to allow Defendant to sell the marital residence and Plaintiff be required to pay all court costs and fees incurred by Defendant in enforcing this action and/or that Defendant be appointed as agent for Plaintiff to sell the said real property. . Respectfully Submitted, FOREMAN&CARACIOLO,P.C. jr24 %'- _ Date Bruce D.Fo I an,Esquire Attorney for Defendant Attorney ID No. 21193 112 Market Street,Sixth Floor Harrisburg,PA 17101 Telephone(717)236-9391 Facsimile(717)236-6602 • MARTIN L. COOK, • IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA v. • No. 2005-432 • KAREN J. COOK, Defendant • CIVIL ACTION-LAW VERIFICATION I, KAREN J. COOK, verify that the statements made in foregoing document are true and correct to the best of my knowledge, information and belief. To the extent that any of the averments are based upon an understanding or application of law,I have relied upon counsel in making this Verification. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904,relating to unsworn falsification to authorities. Date: // Karen Cook ( Ela-A11317T " MARTIN L. COOK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs . NO. 05 432 CIVIL KAREN J. COOK, Defendant IN DIVORCE THE MASTER: This is the date set for a hearing in the above-caption divorce proceedings . Present in the hearing room are the Plaintiff, Martin L. Cook, and his counsel Douglas G. Miller, and the Defendant, Karen J. Cook, and her counsel Marlin L. Markley. This action was commenced by the filing of a complaint in divorce on January 25, 2005, raising grounds of irretrievable breakdown of the marriage. The complaint also raised a claim for equitable distribution. On February 28, 2005, wife filed a counterclaim raising additional economic claims of alimony, alimony pendente lite, and counsel fees and costs . With respect to the grounds for divorce, affidavit of consents and waivers of notice of intention-to request entry of divorce decree have been signed today by the parties and will be filed by the Master with the Prothonotary. The divorce will be able to be concluded Section 3301 (c) of the Domestic Relations Code . It is noted that an affidavit under Section 3301 (d) was filed on February 13, 2007 , and a counter-affidavit was filed in 1 response. However, the parties are going to proceed under the 3301 (c) mutual consent section of the divorce code . The agreement as placed on the record today 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. Subsequently, when the parties leave the hearing room today they are bound by the terms of the agreement as set forth on the record. The parties and counsel are going to return later this morning to review the draft of the agreement, make any correction of typographical errors as necessary, and then sign the agreement affirming the terms of settlement as stated on the record. The parties were married on September 18, 1982, and separated on January 25, 2005, the date of the filing of the divorce complaint. The parties are the natural parents of four children, all whom are minors and reside with husband. Mr. Cook resides at 3803 Chippenham Road, Mechanicsburg, Pennsylvania, 17050 and Mrs . Cook resides at 4172 Antelope Court, Apartment 118, Mechanicsburg, Pennsylvania 17050 . The Master has been advised that the parties do not wish to finally conclude the divorce with a decree until December 1, 2008 . Consequently, the agreement will provide that although the Master is going to vacate his 2 appointment and file the agreement with the Court the divorce decree cannot be entered until after December 1, 2008, at which time the praecipe to transmit the record can be filed with the Prothonotary. Mr. Miller. MR. MILLER: 1 . The marital residence of the parties is located at 3803 Chippenham Road, Mechanicsburg, PA 17050 . Wife previously vacated the marital residence and agrees that husband shall have sole and exclusive possession of the marital residence. In addition, wife agrees to sign a deed within thirty (30) days of today's date transferring all right, title and interest in the marital residence to husband. Said deed is to be prepared by husband' s attorney and upon signing of the deed by wife is to be held in escrow with the firm of Irwin and McKnight pending refinance or assumption by husband of the mortgage secured against the marital residence. Husband shall have until June 30, 2010, in which to refinance or assume the existing mortgage against the marital residence. The mortgage is currently in favor of Sovereign Bank, and husband agrees to continue to pay all monthly payments due under the terms of the mortgage and hold harmless and indemnify wife for the mortgage. If husband fails to secure financing in his name for the marital residence, on or before June 30, 2010, then both parties agree to immediately list the property for sale and cooperate with the sale of the marital residence for fair market value. In addition, the parties agree that if husband fails to make three payments, the parties agree to cooperate to list the real estate for sale. In the event that the property is listed for sale, any proceeds from the sale of the marital residence shall be husbands. 2 . The parties specifically acknowledge the existence of certain judgments filed against them. In particular, an action in favor of the estate of Eric H. Witte vs . both parties and docketed in the Prothonotary' s office of the Court of Common Pleas of Cumberland County, at docket No. 2001 - 640, an action in favor of the Pennsylvania State 3 Employees Credit Union vs. both of the parties filed in the Prothonotary' s Office of the Court of Common Pleas at docket No. 2003 - 903; and judgment in favor of Ford Motor Credit Company filed against both of the parties and docketed in the Prothonotary ' s Office at the Court of Common Pleas at docket No. 2006 - 2618 . Husband agrees to assume sole responsibility for and to hold wife harmless from any liability that may .arise . with regard to the judgment in favor of the Eric H. Witte estate and the Pennsylvania State Employees Credit Union, those being the first two judgments identified above . Husband shall satisfy those judgments upon refinancing the mortgage secured by the marital residence, unless husband otherwise is able to satisfy those judgments prior to refinancing. With regard to the third judgment of Ford Motor Credit Company, the parties acknowledge that this is a marital debt and that they shall remain equally responsible for that obligation. The parties further agree to indemnify and hold each other harmless for the other side' s 1/2 of the Ford Motor Credit judgment . It is the intent of the parties that upon refinance of the marital residence by husband that the obligation to Ford Motor Credit will be satisfied and that the parties agree to cooperate in paying that obligation. 3 . The parties agree to indemnify and hold each other harmless for any individual debts or liabilities incurred after the separation of the parties. It is the understanding currently of the parties that other than the debts listed above that there are no other joint debts or joint obligations . 4 . The parties have already divided the tangible personal property to their mutual satisfaction. Each party hereby waives all right, title and interest to any personal property in the possession of the other. Wife has certain items of tangible personal property remaining in the marital residence. Wife is going to prepare a list and provide to husband and his attorney. If agreeable then she will have thirty (30) days from the date of the assent to the list to pick up the items that have been identified. 5 . The parties agree that any pensions or retirement accounts in their individual names shall become the sole and separate assets of the party in whose name they were titled. This includes, but is not limited to, pensions, individual retirement accounts, 401 (k) accounts and any similar such assets . Each party hereby relinquishes any right, title or interest that they may have in the retirement assets of the other. 4 6. In addition, each party has certain bank accounts, in their individual names, each party hereby waives any right, title or interest that they may have in the accounts of the other party. In the event that there are any joint accounts remaining that the parties have not previously addressed, the parties agree to divide any funds in those accounts equally and have them closed within thirty (30) days . 7 . Husband is the sole shareholder of Blue Comet Concepts Incorporated. Wife hereby waives any right, title, and interest in said corporation and any assets or fictitious names that it controls. In addition, wife hereby waives any right, title or interest in any future corporations or business ventures of husband. 8 . The parties agree that in consideration of the terms made herein, that they waive and relinquish any and all claims and demands that they may now have or hereafter have against the other for alimony, alimony pendente lite, spousal support, counsel fees, and court costs . 9. The parties also agree that following the execution of this agreement and the subsequent: order vacating the appointment of the Master, neither party will file the necessary praecipe to transmit until on or after December 1, 2008 . Nevertheless, husband' s attorney shall file the praecipe to transmit no later than December 15, 2008, so that the divorce decree can be entered prior to December 31, 2008 . The intent of the parties is to delay the finalization of the divorce in order to permit husband time to secure separate health insurance coverage . 10. The parties agree to cooperate with the terms of this agreement and execute any and all additional written documents or instruments which may be necessary or desirable for the implementation of the terms of this agreement. 11 . 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 allowance, widow' s allowance, right of intestacy, right to take against the will of the other, and right to act as 5 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. MILLER: Mr. Cook, have you had the opportunity to listen to this agreement as read on the record? MR. COOK: Yes. MR. MILLER: And do you understand the terms of the agreement as they have been read on the record? MR. COOK: Yes. MR. MILLER: Do you agree to the terms that have been read on to the record today? MR. COOK: Yes. MR. MILLER: Do you have any questions? MR. COOK: I can' t think of any. MR. MARKLEY: Ms . Cook, did you hear the terms read to the stenographer? MS. COOK: Yes. MR. MARKLEY: Do you have any questions regarding any of those terms? MS. COOK: No. MR. MARKLEY: Do you understand those terms? MS. COOK: Yes. MR. MARKLEY: And you and I discussed those 6 terms prior to coming in here, correct? • MS. COOK: Correct . MR. MARKLEY: And you are in agreement with those? • MS. COOK: Yes : THE MASTER: . Thank you. 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: DATE: olefrt 4 4A1/4 . ' 40 Douglas: G. Miller Martin L. Cook Attor ey for Plaintiff //v< :///e//2,e-L77 arl - rkley Kar-n J./Cook Attor-ey for Defendant 7 Ela-1-10T "V," : IN THE COURT OF COMMON PLEAS OF Martin L. Cook : CUMBERLAND COUNTY, PENNSYLVANIA • V. • Karen J. Cook NO. 2005-432 DIVORCE DECREE AND NOW, Au ?.ea ff it is ordered and decreed that Martin L. Cook , plaintiff, and Karen J. Cook , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: Of no claims remain indicate "None.") • The Marriage Settlement Agreement dated June 18, 2008 and signed by the parties is hereby incorporated into this Decree but not merged. By the Court, Atte-t: J. r/ -ice whilit Prothonotary EX 1-00 10/25/2013 ' 13:17. 7310483 PLCB PAGE 01 IN'r.t E COURT OF COMMON PLEAS SOVERGiGN}SANK,N.A, OF Ct.iMi3ERLAND COUNTY.PENNSYLVANIA Plaintift0) • vs. KAREN J. COOK MAR'T'IN L.COOK Defendant(s) Giv+i NOTICE OF RESIPENTIA.L MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home, If you own and live in the residential property which is the subject of this foreclosure action,you may be able to participate in a count-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer,you must talce the following steps to be eligible for a conciliation conference. Mrst,within twenty.(24)days of your receipt of this notice,you must contact Mid'enn Legal services at(717)243-9400 extension 2510 or(800) 822-5288 extension 2510 and request appointment of a legal representative at no charge to you, . Once you have been appointed a legal representative,you must promptly meet with that legal representative within twenty(20)days of the appointment date,During that meeting,you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto,the legal representative will prepare and a Request far Conciliation Conference with the Court,which must he filed with the Court within sixty(60)days of the service upon you of the foreclosure complaint. If you do 3o and a conciliation conference is scheduled,you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer,you and your lawyer must take the following steps to be eligible for a conciliation conference.It is not necessary- for you to contact Mid emn Legal Service for the appointment of a legal representative.However,you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf,If you and your lawyer complete a financial worksheet in the format attached hereto,your lawyer will prepare and file a Request for Conciliation Conference with the Court,which must be filed within sixty(60)days of the service upon you of the foreclosure complaint.If you do so and a conciliation conference is scheduled,you will have an opportunity tomeet with a representative of your tender in an attempt to work out reasonable arguments with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME,YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FKEE, . Respectfully submitted: • .40011111M OP- Date .. Z.c -`., on,Esq.,Id. s .309519 Attorney for Plaintiff • 10/26/2013 13:17" 7310433 PLCE PAGE 02 • • 1. Plaintiff is SOV.ERIAGN BANK.N.A. 824 NORTI I MARKET STRl; f SUITE 100 Wl1..lv1IN000N,DE 1P801 2 The name(s)and last known addresses)or tin t)cfendtutt;t)tire: KAREN J.COOK MARTIN L.COOK 3803 CHIPPENHAM ROAD MECHANICSBURG,PA 17050-9127 who is/are the mortgagor(s)and/or real owncr(xl of the property hereinafter described, 3. On 06/06/2000 KAREN.1.COOK made,executed and delivered a mortgage upon the premises hereinafter described to FIRST UNITED MORTGAGE SERVICES,INC. which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County,in Mortgage Book 1617,Page 232. 13y Assigruncnt of Mortgage recorded 06/07/2000 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book 645,Page 108R.The mortgage and assignment(s),if any, arc matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g);which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents•+re of public record. 4, Sovereign Bank is now known as SOVEREIGN BANK,N.A. 5. The premises subject to said mortgage is described as attached. • 6, The mortgage is in default because monthly payments of principal and interest upon said mortgage due 03/01/2012 and each month thereafter are due and unpaid,and by the terms of said mortgage,upon failure of Mortgagor to make such payments alter a date specified "rile If: 312357 10/7_5/2013 '13:18. 7310483 PLCB PAGE 01 by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. 7. The following amounts are due on the mortgage as of 06/17;2013: Principal 13alance $168.101.52 .interest $20,823.81 02/01/2012 thro ugh 06/17/20 I 3 Late Charges $2,599.0 Property Inspections $155.25 Non Sufficient Funds Charge 530.00 Escrow Deficit $2,859.67 TOTAL $194,569,33 8. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in.the Action;however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendants) has/have received a discharge of personal liability in a bankruptcy proceeding,this Action of Mortgage Foreclosure is in no way au attempt to reestablish such personal liability discharged in bankruptcy,but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974,Notice of Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in 2008, and/or. Notice of Default as required by the mortgage document,as applicable,have been sent to the Defendant(s)on the dates) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency,or has/have been denied assistance by the Pennsylvania Housing Finance Agency. File H: 312357 10/25/2013 '13:18' 7310483 PLCE PAGE 02 WHEREFORE,Plaintiff demands an in rem judgment against the Defendant(s)in the sum of. $194,569.33,together with interest, costs, fees, and charges collectible under the mortgage including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. PH ELAN HA". P By: r Y �':'� '�tcker. ,Esq.,Id.No.309519 torn-.y for Pl '• tiff • Ric#: 312357 • 10%25/2013 13:15' 7310493 PLCB PAGE 03 • • - LEGAL DESCRIPTION ALL THAT CERTAIN lot of land situate in Hampden Township, Cumberland County, Pennsylvania,being Lot 4208, Kingswood,Phase 11, as recorded in Cumberland County Plan Book 55,Page 93,more particularly bounded and described as follows, to wit: BEGINNING at a point on the West side of Chippenham Road, said point also being a distance of five hundred ninety-four and forty-four one-hundredths(594.44)feet West of the intersection of the North side of Dorset Drive and the West side of Chippenharzt.Road; thence by the line of Lot No. 209 South forty-three degrees zero minutes West(S 43°00' W) a distance of one hundred forty-nine and forty-two one-hundredths(149.42)feet to a point at line of Lot No. 202; thence by same and Lot No. 203 North forty-nine degrees twenty-seven minutes forty seconds West(N 49°27' 40"seconds W) a distance of one hundred eighty-one and thirty-nine one- hundredths(181.39) feet to a point in?P&L Co. Right-of-Way;thence by same North sixty-five degrees thirty-two minutes twenty seconds East(N 65° 32' 20"E)a distance of one hundred eight-four and thirty-eight one-hundredths(184.38)feet to a point on the West side of Chippenham Road; thence South thirty-si.N degrees thirty-seven minutes fifty-four seconds East (S 36°37' 54"E) a distance of thirty-three and seventy-one one-hundredths(33.71)feet to a point at a curve;thence by same and a curve to the left having a radius of four hundred thirty- duet and zero one-hundredths(433,00) feet an arc length of seventy-seven and eighty-one one- hundredths(77.81)feet to the place of.BEGINNING. CONTAINING 23,206.06 square feet and being known and numbered as 3803 Chippenham Road. File u; 312357 10/2B/2013 ' 13:18. 7310423 FLOE PAGE 04 • t.JNUI R AND SUBJECT,NEVERTHFT.,FS•S to Declarations of Covenant, Easements, Restrictions,Equitable Servitudes, Charges and Liens dated November 9, 1988 and recorded November 10, 1988 in Cumberland County Miscellaneous Book 356, Page 1095. UNDER AND SUBJECT,also, to all easements and restrictions of record and as set,forth on recorded plan described above, UNDER AND SUBJECT,also to a fifty (50') foot right of way to PP&L Company as more fully appears on the above-referenced plan. • The access easement for the Homeowners Association between Lot No. 220 and Lot No.221 as Shown on said plan has been eliminated in favor of a 10 foot(10')bike.path easement to• Hampden Township centered On the lot line between Lot No.220 and Lot No. 221. The Recreation Area shown on the Final Plan of Kingswood,Phase II,as recorded in Cumberland County Plan Book 55,Page 93,will be eliminated and developed as building lot. BEING the same premises which David S. Lohr and Katie Jo Lohr,by deed dated November 24, 1997,and recorded December 1, 1997,in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 166,Page 770, granted and conveyed unto Michael I.Muul and Amy F. Muul,husband and wife. PROPERTY ADDRESS: 3803 CHJI'PENHAM ROAD,MECHANICSBURG,PA 17050- 9127 PARCEL# 10-16-1056-166. r•Jcl{: U2357 10/26/2013 ' 13:18. 7310483 FLCB V1RIFICATION 1 9, AO 1 - hereby states that he/she is rP rG v) 05 u.r J of SOVEREIGN f}dn is+-ra-i-or BANE,NA,Plaintiff in this matter, that he/she is authorized to make this Verification,and verify that the statements rxiade in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec.4904 relating to ttnswomn falsification to authorities. `� N ''l e: te. -h =° r °f 4 DATE: q Title: Fred s ure A url i'r I 5-41-7L-1-o. Y' SOVEREIGN BANK,N.A File#: 312357 Name: COOK • File it: 3 12357 • • MARTIN L. COOK, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA v. :. No. 2005-432 KAREN J. COOK, Defendant • CIVIL ACTION-LAW CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Motion upon the person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure,by depositing a copy in the United States first class mail, addressed as follows: Douglas M.Miller,Esquire West Pomfret Professional Building 60 West Pomfret Street Carlisle,PA 17013-3222 Respectfully Submitted, FOREMAN&CARACIOLO,P.C. I Z1 1)3 , �,�� Date Jennifer 4 right, -:al Assistant Foreman&Caraci4lo,P.C. 112 Market Street, Sixth Floor Harrisburg,PA 17101 Telephone(717) 236-9391 Facsimile(717)236-6602 • r r MARTIN L. COOK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY,PENNSYLVANIA V. No. 2005-432 KAREN J. COOK, Defendant CIVIL ACTION-LAW ORDER ll�� AND NOW,this y� day of ��� 2013, on Defendant's Motion to Compel, a hearing is scheduled on the y day of -t ,204 at a• m in Courtroom of the Cumberland County Courthouse, Carlisle,Pennsylvania. J. Distribution: Douglas Miller,Esquire(Attorney for Plaintiff) y . 60 West Pomfret Street,Carlisle,PA 17013 Bruce D. Foreman, Esquire(Attorney for Defendant) 112 Market Street, 6"'Floor,Harrisburg,PA 17101 Cori e5 pled ,e/G li MARTIN L. COOK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2005-432 KAREN J. COOK, Defendant : CIVIL ACTION — LAW : IN CUSTODY / DIVORCE PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: (..T1 Kindly withdraw the appearance of Bruce D. Foreman, Esquire as counsel for Defendant, Karen J. Cook in the above -captioned matter, per her requ Date: 10/4 Bruce D. Foreman, Esquire I.D. No. 21193 112 Market Street, Sixth Floor Harrisburg, PA 17101 Tele: (717) 236-9391 Fax: (717) 236-6602 PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of Debra R. Mehaffie, Esquire as counsel for Defendant, Karen J. Cook in the above -captioned matter, per her request. Date: 0i !�•ra.. M-haffie, Esquire 1 No.90951 Al I N. 3rd Street rrisburg, PA 17110 Tele: (717) 774-1357 Fax: (717) 774-0788 Debm@hynumlaw.com