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HomeMy WebLinkAbout02-2576CHRISTOPHER B. CONA, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. MELODY A. CONA, CIVIL ACTION - LAW Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the office of the Prothonotary, Cumberland County Courhouse, 1 Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. .YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR Cumberland County Courthouse 4th Floor, Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6200 CHRISTOPHER B. CONA, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v NO. - eGJ /L ` 4(I - MELODY A. CONA, CIVIL ACTION - LAW Defendant IN DIVORCE COMPLAINT IN DIVORCE COUNT NO. 1 23 PA. C.S.A. §3301(c)or(d) 1. The Plaintiff is Christopher B. Cona, an adult individual who currently resides at 21 East Wood Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant is Melody A. Cona, an adult individual who currently resides at 21 East Wood Drive, Carlisle County, Pennsylvania 17013. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant are both citizens of the United States of America. 5. The Defendant is not a member of the Armed Services of the United States or any of its allies. 6. The Plaintiff and Defendant were married on April 27, 1999, in St. Thomas US Virgin Islands. 7. There have been no prior actions of divorce or annulment between the parties. 8. The marriage is irretrievably broken. 9. Plaintiff has been advised of the availability of counseling and that the Plaintiff may have the right to request that the Court require the parties to participate in counseling. COUNT NO. 2 23 Pa.C.S.A. 3301(a)(6) 10. Averments one (1) through (9) above are herein incorporated by reference thereto and made a part of this Count. DIVORCE INFORMATION SHEET Pursuant to Act 2001- 82 , Vital Statistic Forms are not required effective January 1, 2002 . However , the Prothonotary is required to provide the following information, in lieu of the Vital Statistics Form. Please complete the appropriate information and file with the Prothonotary. MARRIAGE DATE: APRIL 27, 1999 at St. Thomas US Virgin Islands Docket Number n 7 - -? t r7/ 0,,.: Plaintiffs Name Plaintiffs Social Security Number Defendant's Name Defendant's Social Security Number Years Married Christopher B. Cona 106-68-6612 Mn1nd4, Ann rnn.. I W-- ?Z- 491 1 • XX <5 ; 15-19; 20-24; 5-9; 10-14; 25-29; 30+ Divome lnfon Lion Sheet l/1/02 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 penalty of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. th,fistopher B Con Plaintiff } r- yy ?- !lJ ? J 4. :V1 i s ,`' ? i .J (!? L Cti ? .. ! ??J ?? ? Li_ ?_ ..J _, <? ? ? ' d !? ? ? V ^` \ X ?1 CHRISTOPHER B. CONA, VS. MELODY A. CONA, IN THE COURT O COMMON PLEAS CUMBERLAND C UNTY, PENNSYLVANIA Plaintiff, Defendant. NO. 02-2576 CIVIL ACTION - CIVIL ACTION - TERM) W YOU HAVE BEEN SUED IN COURT. If you wish to defend a in the following pages, you must take prompt action. You are warned tl case may proceed without you and a decree of divorce or annulment ma by the court. A judgment may also be entered against you for any other in these papers by the plaintiff. You may lose money or property or oth you, including custody or visitation of your children. ainst the claims set forth t if you fail to do so, the be entered against you laim or relief requested rights important to When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at 1 Courthouse Square, Cumberland County Courthouse, Carlisle, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DI) LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER A NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN ( CUMBERLAND COUNTY BAR ASS 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 OF PROPERTY, LMENT IS GRANTED, ONCE. IF YOU DO ELEPHONE THE ;T LEGAL HELP. CHRISTOPHER B. CONA, IN THE COURT CUMBERLAND Plaintiff, VS. NO. 02-2576 MELODY A. CONA, CIVIL ACTION - Defendant. ACTION IN DIV( ANSWER WITH COUNTERCLAIM ANSWER NOW COMES Defendant, Melody A. Cona, by and through he & KORANDA, P.C., and files this Answer with Counterclaim, averrin, 1. Admitted. 2. Admitted in part; denied in part. It is admitted that the ] Cona, an adult individual. However, it is denied that the Defendant re: Drive, Carlisle County, Pennsylvania 17013. By way of further respor address is 21 East Wood Drive, Carlisle, Cumberland County, Pennsyl 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Denied. The averments in paragraph 8 of the Complain which no response is required. To the extent that a response is require COMMON PLEAS LINTY, PENNSYLVANIA TERM) W TOMASKO °,ndant is Melody A. s at 21 East Wood the Defendant's actual is 17013. ire legal conclusions to Defendant specifically denies that the marriage is irretrievably broken. To the extent that the marriage is irretrievably broken, the Defendant avers that she, rather than the Plaintiff, is the injured and innocent spouse for purposes of 23 Pa. C.S. § 3301(a)(6). 9. No response required. 10. Each and every preceding paragraph is incorporated fully set forth at length below. 11. Denied. It is denied that Defendant has offended such so as to render his condition intolerable and life burdensome, or that injured spouse. To the contrary, it is Plaintiff who has offended such inc the innocent and injured spouse, as to render her condition intolerable ar way of further response, Plaintiff abandoned Defendant, both physically her that he desired his freedom from the responsibilities of marriage and 12. No response required. WHEREFORE, Defendant, Melody A. Cona, requests your dismiss Plaintiff's Complaint. COUNTERCLAIM Defendant, Melody A. Cona further says that she has a cause of named Plaintiff of the following nature and character: Count I -- Equitable Distribution 13. Each and every preceding paragraph is incorporated fully set forth at length below. 14. Plaintiff and Defendant have acquired property, both i by reference as though ignities to the Plaintiff ntiff is the innocent and ignities to Defendant, d life burdensome. By and emotionally, telling fatherhood. gable Court deny and against the above- by reference as though and personal, during the -2- marriage and prior to separation. 15. Plaintiff and Defendant have been unable to agree as to an equitable division of said property. WHEREFORE, Defendant, Melody A. Cona, requests your divide all marital property. Count II -- Alimony and Alimony Pendente 16. Each and every preceding paragraph is incorporated fully set forth at length below. 17. Defendant lacks sufficient property to provide for her Court to equitably by reference as though means and is unable to support herself through appropriate employment. 18. Defendant requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. 19. Defendant lacks sufficient financial resources to pursue 20. Defendant requires alimony pendente lite to meet her re divorce proceedings. WHEREFORE, Defendant, Melody A. Cona, requests your ] award of alimony and alimony pendente lite. Count III -- Counsel Fees and Costs 21. Each and every preceding paragraph is incorporated fully set forth at length below. 22. Defendant lacks sufficient property to defend against the unable to pay counsel fees and costs incurred in this action. instant action. needs during the Court to enter an n by reference as though action and is -3- 23. Defendant requires reasonable counsel fees and costs to adequately defend against the instant action. WHEREFORE, Defendant, Melody A. Cona, requests your Hon rable Court to enter an award of counsel fees and costs. Re TC 21! Ha Tel By 1 06/14/2002 07:49 7172386190 TOMA9KO&KORANDA PACE 07 VERInCAUDN I verify that the statements made in the attached ANSWER WITH are true and correct to the best of my knowledge, information and belief. I statements herein are made subject to penalties of 18 Pa. C.S. §4904 relatin falsification to authorities. 1 /q JOa__ DATED: 6 A. COMA that false to unworn CERTIFICATE OF SERVICE AND NOW, this 19 day of 64/e I , 2002, I, Michael A. Koranda, Esquire, attorney for the Defendant, hereby certi?y that I served the within ANSWER WITH COUNTERCLAIM this day by: U.S. Mail, first class, postage prepaid, addressed to: James B. Pannebaker, Esquire PANNEBAKER AND JONES, P.C. Four Thousand Vine Street Middletown, PA 17057-3596 TOMASKO & By: P.C. A. -1 ;rl U ? 4 ,l-^ El' Z._ 19 C c\I n i?IG CHRISTOPHER B. CONA, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v NO. 02-2576 (CIVIL TERM) c' MELODY A. CONA, CIVIL ACTION - LAW 2 E L Defendant IN DIVORCE -0U' n F 7 ANSWER TO DEFENDANT'S COUNTERCLAIM Count I - Equitable Distribution 13. The averment incorporates previous averments and responses and therefore requires no further answer. 14. Admitted. 15. Admitted. Wherefore, Plaintiff, Christopher B. Cona requests this Honorable Court to equitably divide all marital property. Count II - Alimony and Alimony Pendente Lite 16. The averment incorporates previous averments and responses and therefore requires no further answer. 17. Denied. Plaintiff specifically denies that Defendant lacks sufficient property to provide for her reasonable means and is unable to support herself through appropriate employment. Proof is demanded. 18. Denied. Plaintiff specifically denies that Defendant requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. Proof is demanded. 19. Denied. Plaintiff specifically denies that Defendant lacks sufficient financial resources to pursue the instant action. Proof is demanded. 20. Denied. Plaintiff specifically denies that Defendant requires alimony pendente lite to meet her reasonable needs during the divorce proceedings. Proof is demanded. Wherefore, Plaintiff, Christopher B. Cora requests this Honorable Court to dismiss Count II of Defendant's Counterclaim. Count III - Counsel Fees and Cost 21. The averment incorporates previous averments and responses and therefore requires no further answer. 22. Denied. The Plaintiff specifically denies that Defendant lacks sufficient property to defend against the instant action and is unable to pay counsel fees and costs incurred in this action. Proof is demanded. 2 23. Denied. The Plaintiff specifically denies that Defendant requires reasonable counsel fees and costs to adequately defend the instant action. Proof is demanded. Wherefore, Plaintiff, Christopher B. Cora requests this Honorable Court to dismiss Count III of Defendant's Counterclaim. Respectfully submitted, James a nebaker, Esquire Attorney for Plaintiff Pannebaker & Jones, P.C. 4000 Vine Street Middletown, PA 17057 (717) 944-1333 :jkf:ansdefcounter062702:17447 3 CERTIFICATE OF SERVICE A copy of the foregoing Answer to Defendant's counterclaim has been served by sending a copy of record to the attorneys for the Defendant: Michael A. Koranda, Esq. Tomasko & Koranda, P.C. 219 State Street Harrisburg, Pa 17101 by depositing same in the United States mail, postage prepaid, in Middletown, Pennsylvania, this ,0A day of Ju , 2001. PANNEBAKER AND JONES, P.C. Attorneys for Plaintiff By: Esquire James W.annebaker,.. 4000 Vine Street Middletown PA 17057 (717) 944-1333 :jkf:ansdefcounter062702:17447 2 VERIFICATION I verify that the statements made in this Answer to Defendant's Counterclaim are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. 4 C) Q O 1 C? 1 -Tj F L„ Q.J ICJ ? -?? y? ?Ii CHRISTOPHER B. CONA, Plaintiff, V. MELODY ANN CONA, Defendant. * IN THE COURT OF COMMON PLEAS * CUMBERLAND COUNTY, * PENNSYLVANIA * * NO. 2002-2576 * * CIVIL ACTION - LAW * CUSTODY PETITION TO PREVENT DISSIPATION OF MARITAL ASSETS Petitioner, Husband, by and through his Attorney, Jennifer L. Frechette, Esquire, files this Petition for Injunctive Relief, and in support thereof, avers as follows: Petitioner is the Plaintiff in the above-captioned divorce action. 2. Respondent is the Defendant in the above-captioned divorce action. 3. Husband and Wife had been living together in the marital residence after Husband had filed the Complaint in Divorce on May 28, 2002 and after Wife responded with an Answer with Counterclaim adding additional counts of Equitable Distribution, Alimony, and Alimony Pendente Lite on June 19, 2002; however, on November 12, 2002, Wife left the marital residence, removing many items of marital property. 4. Husband believes that Wife may sell, transfer, dissipate, damage, destroy, alienate or encumber marital property of the parties. 5. Section 3323(f) of the Divorce Code provides in relevant part: "In all matrimonial causes, the Court shall have full equity power and jurisdiction and may issue injunctions or other orders which are necessary to protect the interests of the parties or to effectuate the purposes of this act, and may grant such other relief or remedy as equity and justice require against either party..." 9. Section 3505(a) of the Code provided: "Where it appears to the Court that a party is about to remove himself or herself or his or her property from the jurisdiction of the Court or is about to dispose of, alienate, or encumber property in order to defeat alimony pendente lite, alimony, child and spousal support, or similar award, an injunction may issue to prevent such removal or disposition and such property may be attached as provided by the Rules of Civil Procedure." 10. At any time after the filing of the complaint, on petition setting forth the facts entitling the party to relief, the court may, upon such terms and conditions as it deems just, including the filing of security, (1) issue preliminary or special injunctions necessary to prevent the removal, disposition, alienation or encumbering of real or personal property in accord (2) (3) -ice with Rule 153 1 (a),(c),(d) and (e); or order the seizure or attach- t f grant other appropriate relief or personal property; or WHEREFORE, Petitioner Husband, respectfully requests that this Honorable Court grant the within Petition for Injunctive Relief and mutually enjoin and restrain Husband and Wife from selling, transferring, encumbering, dissipating, selling, damaging, destroying or otherwise alienating any and all marital or premarital assets of the parties pending further Order in this matter. Respectfully submitted, Date: GZ / a 4ONorth LFrechette, Esquire Third Street Harrisburg, PA 17110 (717) 238-2200 ID#87445 en o real ATTORNEY FOR PLAINTIFF VERIFICATION I, Christopher B. Cona, verify that the statements made in this Petition to Prevent Dissipation of Marital Assets are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: L// istophe:r B. Con , laintiff C 7 r... , C t. .. ?; C"^.' ` ??? ; f? T' ?:_. M-j \._l `? ?? ,, i'( 'I v?:-a CHRISTOPHER B. CONA * ' IN THE COURT OF COMMON PLEAS Plaintiff, * CUMBERLAND COUNTY, * PENNSYLVANIA * V. * NO. 2002-2576 MELODY ANN CONA, * Defendant. * CIVIL ACTION -LAW CUSTODY ORDER AND NOW, this -26g day of No U _, 2002, upon consideration of the within Plaintiff Petition to Prevent Dissipation of Marital Assets, it is hereby ORDERED and DECREED that Plaintiff, Christopher B. Cona, and Defendant, Melody Ann Cona, are hereby mutually enjoined and restrained from transferring, encumbering, dissipating, selling, damaging, destroying or otherwise alienating any and all marital '-w ?l assets under the control of either, without mutual written agreement or a further Order of this Court. A / / rl^I C 1g 2111 G c i c,? ?C c cl 1 e? S?, aJ b ? ?tc ca ?s ?cuN,t ??c ?s Sc ?eci? C c?-?It-7v? o7! 30 BY THE COURT: J. .2w l 1 G i All MV IASN d e s :Z Wd s z AGN ZO ?,; _ 3?Ij !L, ??' CHRISTOPHER B. CONA, Plaintiff, V. MELODY ANN CONA, Defendant. * IN THE COURT OF COMMON PLEAS * CUMBERLAND COUNTY, * PENNSYLVANIA * * NO. 2002-2576 * * CIVIL ACTION - LAW * CUSTODY AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN ss. AND NOW, this 3rd day of December 2002 personally appeared before me, a Notary Public in and for the aforesaid Commonwealth and County, Misty D. Lehman, who being duly sworn according to law, deposes and says that on November 23, 2002, she mailed a certified copy of the Order of Court scheduling a Custody Conciliation Conference, by certified mail, return receipt requested, to Melody Cona, 220 South Second Street, Wormleysburg, PA 17104, and the same was received by her on November 27, 2002 as indicated by the return receipt card which is attached hereto. Mis D. Lehman Sworn to and subscribed before me or. this 3 °? day of,Qp (y m6 eL - > 2?ez. n Notary Public _ v Notarlal Seal Sharon L. Re: rotary Public Ha. r sLw y. ?aujjnin County My Commission Expires Jan. 18, 2004 Member, Pennsylvania Association a ¦ Complefe 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 mailpiece, or on the front if space permits. 1. Article Addressed to: o21104j a © ?ft PA 2. Article Number (Ilansfer from service label) PS Form 3811, August 2001 A. X ? Agent B. Received by (Riled Name) C. Date of Delivery Yea Is delivery address dif erent from item I? ? ? D. If YES, enter delivery address below: ? No I3. Serv' TYPe fled Mail ? Express Mail ? Registered EWeturn Receipt r I ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) =58"1-M-2509 (? Q 1•.i ?rtrn c-. Csl ?i) tf? `? CHRISTOPHER B. CONA, Plaintiff V. MELODY ANN CONA, Defendant IN THE COURTOF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002-2576 CIVIL TERM IN DIVORCE DEFENDANT'S ANSWER TO PLAINTIFF'S PETITION TO PREVENT DISSIPATION OF MARITAL ASSETS AND COUNTER-PETITION AND NOW, comes Defendant, Melody Ann Cona, by and through her counsR tstrec&d, Marylou Matas, Esquire and Griffie & Associates, and answers Plaintiff's Petition as!€eIows , 1. Admitted. D 2. Admitted. 3. Admitted in part and denied in part. It is admitted that Husband and Wife continued to reside in the formal marital residence following the filing of Husband's Complaint in Divorce and Wife's Answer with Counterclaim. It is denied that Wife left the marital residence on November 12, 2002. By way of further answer, Wife left the marital residence on November 14, 2002. 4. The averments in paragraph four are conclusions that require no response. 5. The averments in paragraph six are conclusions of law that require no response. 6. Paragraph 6 is mislabeled as paragraph 9. The averments in Plaintiff's paragraph 9 are conclusions of law that require no response. 7. Paragraph 7 is mislabeled as paragraph 10. The averments in Plaintiff's paragraph 10 are conclusions of law that require no response. WHEREFORE, Wife requests your Honorable Court to grant the Petition to Prevent Dissipation of marital Assets, mutually enjoining Husband and Wife from selling, transferring, encumbering, dissipating, selling, damaging, destroying or otherwise alienating any and all marital or premarital assets of the parties pending further Order in this matter. COUNTI 8. Defendant's answers to paragraphs 1 through 7 are incorporated herein by reference as if set forth in their full text. 9. On or about September 14, 2002, Defendant discovered her diamond necklace and camcorder missing from the former marital residence. 10. On or about November 13, 2002, Defendant discovered that Plaintiff made deposits into the business checking account in September and October, totaling $9,068.00, an amount approximately equal to the appraised value of the necklace and camcorder. 11. Defendant believes that Plaintiff sold those items of marital property. 12. On November 13, 2002, Defendant came home to discover that Plaintiff had removed most of the kitchen small appliances, cookware and utensils from the former marital residence. 13. Defendant believed that Plaintiff was continuing his conduct of removing, selling, transferring or damaging items of marital property. 14. On November 14, 2002, Defendant's removed several items of marital property from the former marital residence, placing the same in storage or her control, in an attempt to protect the remaining items from being removed, sold, transferred or damaged by Plaintiff. 15. Prior to separation, Defendant requested that Plaintiff come to a comprehensive agreement with her regarding the division of personal property, but Plaintiff refused. 16. Defendant demands that the value of the items removed, sold, transferred, damaged, destroyed, or otherwise restrained to Plaintiff's physical control be accounted for, with the values incorporated into the marital estate. WHEREFORE, Defendant requests your Honorable Court to enter an Order to order an accounting of the marital property removed, sold, transferred, damaged, destroyed, or otherwise restrained to Plaintiff's or Defendant's physical control. COUNT II 17. Paragraphs 1 through 16 are incorporated herein by reference as if set forth in their full text. 18. Plaintiff and Defendant are the joint owners of real estate located at 21 Eastwood Drive, Carlisle, Cumberland County, Pennsylvania. 19. The aforesaid real estate is encumbered with a first mortgage due and owing to Washington Mutual financial institution, requiring the monthly payment of approximately $1,153.00. 20. Prior to separation, Plaintiff and Defendant agreed to sell the aforesaid real estate. 21. Prior to separation, Plaintiff and Defendant signed all documents necessary to list the home for sale through Century 21 Pictionary Real Estate Agency. 22. Defendant moved from the aforesaid residence on November 14, 2002. 23. Plaintiff has verified that he continues to reside in the aforesaid residence. 24. On or about November 18, 2002, Plaintiff contacted Defendant and requested that she remove her name from the deed to the real estate. 25. On or about November 18, 2002, Plaintiff indicated to Defendant that he intended to maintain responsibility for the mortgage due and owing to Washington Mutual. 26. After November 18, 2002, Defendant discovered that Plaintiff contacted Washington Mutual financial institution to inquire about transferring the mortgage encumbering the parties' real estate to his name individually. 27. Defendant subsequently discovered that Plaintiff contacted the real estate agency and withdrew his consent to the sale of the aforesaid real estate. 28. Mortgage payments for November and December have not been paid by Plaintiff. 29. Defendant fears that the mortgage company will institute foreclosure proceedings imminently. 30. Defendant consents to the sale of the former marital residence. 31. A hearing on Plaintiffs Petition to Prevent the Dissipation of Marital Assets has been scheduled for February 12, 2003, at 2:30 p.m., by Order of Court, dated November 20, 2002. WHEREFORE, Defendant requests your Honorable Court enter an Order requiring Plaintiff to maintain responsibility for all payments associated with real estate located at 21 Eastwood Drive, Carlisle, Cumberland County until a final agreement regarding the disposition of the real estate or further Order of Court. Respectfully submitted, Marylou-N? *s, Esquire GRIFFIE &-ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. DATE: --m o d C 6 MELODY A CONA, Defendant > - p, CT. _ C J IO ° -' C1 U ;uepua33(j`vmo? qmd Agola w .................... ) Io0 21,/ 6 •alva •s2puogjnz oI suotlUoiU!sjs3 uiomsun of SuplalQl`v06t, uoijoaS 'S'D'td 81 3o saijjsuad aqp ol;oafgns apem on, utajaq swotua;la;s osjej Iugj puelsiopun I •13azTo3 pue ono are juaumoop Sutogonj oql ut apeut sluau101e1s aq; IMP AJuaA I NOIJLVVJIAIHHA MELODY A. CONA, Plaintiff V. CHRISTOPHER B. CONA, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2576 CIVIL TERM : CIVIL ACTION LAW : CIVIL ACTION --DIVORCE PRAECIPE TO THE PROTHONOTARY: WITHDRAWAL OF APPEARANCE Please withdraw my appearance on behalf of the Plaintiff.' in the above-captioned matter. Respectfully submitted, Date: Michael A. Koranda, Esquire TOMASKO & KORANDO, P.C. 219 State Street Harrisburg, PA 17101 ENTRY OF APPEARANCE Please enter my appearance on behalf of the Plaintiff in the above-captioned matter. Respectfully submitted, Date: 11 z O Z a? M atas, Esq ' e GRIFFI & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 9 c? <- rv C CO J- i 1 tir + CASE NO: 2002-02576 p SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CONA CHRISTOPHER B VS CONA MELODY A CPL. TIMOTHY REITZ Sheriff or Deputy Sheriff of Cumberland County,pennsylvania who being duly sworn according to law, says, the within PETITION TO PREVENT was served upon CONA MELODY A PETITIONER at 140 HOURS, on the 20th da the at YOUR CROWNING GLORY Y of November 2002 220 SOUTH SECOND STREET WORMLEYSBURG, PA 17043 MELODY A -O-.,A- by handing to a true and attested copy of PETITION TO PREVENT DISSIPATION OF MARITAL ASSETS together with and at the same time directing Her attention to the contents thereof. Sheriff's costs. Docketing So Answers: Service 18.00 Affidavit 1035 00 Surcharge . 10.00 R Thomas Kline -0_ 38.35 11/21/2002 EDWARD WEINTRAUB Sworn and Subscribed to before me this By. -L? day of ?f? {t?•, ???? Dep t Sherif s A.D. rothonotary CHRISTOPHER B. CONA, Plaintiff, V. MELODY ANN CONA, Defendant. * IN THE COURT OF COMMON PLEAS * CUMBERLAND COUNTY, * PENNSYLVANIA * * NO. 2002-2576 * * CIVIL ACTION - LAW * CUSTODY ACCEPTANCE OF SERVICE I hereby accept service of the Order of Court dated November 20, 2002 and Petition to Prevent Dissipation of Marital Assets on behalf of my client:, Melody Ann Cona, to the above referenced term and number, and verify that I am authorized to do so. Dated: J? /? - U 2-- Ma tas, Es ire 02 DEC 1 8 20 n ? `-) C CY„ ? ._-{ -? ?V.,,.? ' 7 ?f .,r ..._ C? ? ( ?' ?? ? ? t, - `i? . ? - y mow! ?_ •? ___ ?' ? "'? CHRISTOPHER B. CONA, Plaintiff V. MELODY A. CONA, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-2576 CIVIL TERM IN RE: DEFENDANT'S ANSWER TO PLAINTIFF'S PETITION TO PREVENT DISSIPATION OF MARITAL ASSETS AND COUNTER-PETITION ORDER OF COURT AND NOW, this 23rd day of December, 2002, upon consideration of Defendant's Answer to Plaintiff's Petition To Prevent Dissipation of Marital Assets and Counter- Petition, a conference call between the attorneys for the parties and the undersigned judge is scheduled for Thursday, January 2, 2003, at 1:30 p.m. to address the matters raised in Defendant's Counter-Petition. The order of court dated November 20, 2002, shall remain in full force and effect. BY THE COURT, esley Oler, r., J. /Jennifer L. Frechette, Esq. 2650 North Third Street Harrisburg, PA 17110 Attorney for Plaintiff ? Marylou Matas, Esq. 200 North Hanover Street Carlisle, PA 17013 Attorney for Defendant Dvcz ,2-Q3 ^oa qno }jN" F 12 1 } j, CHRISTOPHER B. CONA, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW MELODY A. CONA, Defendant NO. 02-2576 CIVIL TERM ORDER OF COURT AND NOW, this 3rd day of January, 2003, upon consideration of Defendant's Answer to Plaintiff's Petition To Prevent Dissipation of Marital Assets and Counter- Petition, and following a conference call on January 2, 2003, in which Jennifer L. Frechette, Esq., represented the Plaintiff and Marylou Matas, Esq., represented the defendant, and it being indicated by counsel that the parties have signed a listing agreement for sale of the marital home and that a mortgage foreclosure is foreseeable but not imminent, the issues raised in Defendant's counter-petition are relegated to the hearing on Plaintiff's Petition To Prevent Dissipation of Marital Assets already scheduled for Wednesday, February 12, 2003, at 2:30 p.m. J Jennifer L. Frechette, Esq. 2650 North Third Street Harrisburg, PA 17110 Attorney for Plaintiff V/Marylou Matas, Esq. 200 North Hanover Street Carlisle, PA 17013 Attorney for Defendant RX-5 of-o?-o3 :rc BY THE COURT, CHRISTOPHER B. CONA, Plaintiff, * IN THE COURT OF COMMON PLEAS * CUT ILAND COUNTY, * PENNSYLVANIA NO. 2002-2576 V. * CIVIL ACTION - LAW MELODY ANN CONA, * DIVORCE Defendant. 11, [ -AN-CE R ^IpF FOR WITHD $01 F A P Please withdraw my appearance on behalf of Plaintiff, Christopher B. Cona, in the above captioned matter without prejudice. / 03 Peter R.. Henninger, Esquir Date: ?? T? Gti-rFR AP??? a earance on behalf of Plaintiff, Christopher B. Cona, in Please enter my pp the above captioned matter. r f ,? pnifer. Frechette, Esquire Date: ? `? -0 r •._ ?=+ ?' Li` y CHRISTOPHER B. CONA, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW MELODY A. CONA, Defendant NO. 02-2576 CIVIL TERM ORDER OF COURT AND NOW, this 12`h day of February, 2003, upon consideration of Plaintiff's Petition To Prevent Dissipation of Martial Assets and Defendant's Answer and Counter- Petition, upon agreement of counsel, it is ordered and directed as follows: 1. Plaintiff will maintain all responsibility for and will continue to make payments on a Commerce loan and an SBA loan associated with the parties' business All About Shredding. 2. Defendant shall be solely responsible for making any and all decisions associated with the sale of the parties' real estate located at 21 Eastwood Drive, Carlisle, Pennsylvania. 3. Neither party will file bankruptcy on any joint debt until after June 30, 2003. THIS ORDER shall be in effect until further order of court or agreement of the parties. By virtue of this agreed-upon order, the hearing scheduled for February 12, 2003, is cancelled. Jennifer L. Frechette, Esq. 2650 North Third Street Harrisburg, PA 17110 `l Attorney for Plaintiff z- R V TNP f nT TR T l, AcN,t m I LG Ah _ r? Marylou Matas, Esq. 200 North Hanover Street Carlisle, PA 17013 Attorney for Defendant :rc CHRISTOPHER B. CONA, Plaintiff V. MELODY A. CONA, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 02-2576, Civil Term IN DIVORCE NOTICE TO THE PLAINTIFF If you wish to deny any of the statements set forth in this affidavit, you must file a counteraffidavit within twenty days after this affidavit has been served on you or the statements will be admitted. DEFENDANT'S AFFIDAVIT UNDER SECTION 33010 OF THE DIVORCE CODE 1. The parties to this action separated on November 14, 2002, and have continued to live 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, lawyers' 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: otv MELODY A. ONA, Defendant ?, - ? ? . , ;- ?,.- -' ,, ;; ? , , , , ., ?_ -?, -. ,,.? r,, •_ ? CHRISTOPHER B. CONA, Plaintiff V. MELODY A. CONA, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 02-2576, Civil Term : IN DIVORCE CERTIFICATE OF SERVICE; cad I, CONSTANCE P. BRUNT, ESQUIRE, do hereby certify that on the day of ?)(Dt ? 2004, I served a true and correct copy of the Defendant's Affidavit Under Section 3301(d) Of The Divorce Code by depositing same in the United States Mail, first-class postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS & OTTO 10 E. High Street Carlisle, PA 17013 Attorney for Plaintiff CONSTANCE P. -BRUNT, ESQUIRE Supreme Court ID # 29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110-3339 (717) 232-7200 Attorney for Defendant C7 rla czz t t':1 G7 '?-- t% }. Co -Z u c- cD _-j CO .-< CHRISTOPHER B. CONA, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION -LAW V. NO. 02-2576 CIVIL TERM MELODY A. CONA, Defendant IN DIVORCE DEFENDANT'S PETITION FOR CONTEMPT AND NOW, comes the Defendant, MELODY A. CONA, by her counsel, CONSTANCE P. BRUNT, ESQUIRE, and petitions this Honorable Court as follows: 1. The above-captioned action was initiated by Plaintiff's filing of a Complaint In Divorce on May 28, 2002. 2. On June 19, 2002, the Defendant filed an Answer And Counterclaim, raising claims for equitable distribution of marital property, alimony, alimony pendente lite, counsel fees and costs. 3. During the marriage of the parties, Plaintiff, CHRISTOPHER B. CONA, commenced operation of a business known as All About Shredding. 4. In order to purchase the equipment and commercial vehicle for the operation of the aforesaid business, Plaintiff, CHRISTOPHER B. CONA, obtained loans from Commerce Bank and the United States Small Business Administration, for which Defendant was required to execute personal guarantees. 5. An Order was entered in this matter on February 12, 2003, by The Honorable J. Wesley Oler, Jr., providing that Plaintiff, CHRISTOPHER B. CONA, was to maintain all responsibility for and to continue to make all payments on the said Commerce and SBA loans pending further Order of Court or agreement of the parties. A true and correct copy of the said Order of Court is attached hereto and made a part hereof. 6. Despite the aforesaid Order of Court, Defendant has received numerous default notices from Commerce Bank, indicating that Plaintiff has failed to make payments as due. She further believes and therefore avers that Plaintiff has recently ceased making any payments whatsoever on the loans. 7. Although Plaintiff remains in full and exclusive possession of the commercial vehicle and all equipment associated with the said business, he has stated to Defendant and her attorney that he is no longer operating the business and is therefore presumably not generating any revenues from the business. 8. At the end of November, 2004, Plaintiff voluntarily left employment with SYSCO Corporation, where he had been employed for numerous years, after receiving notice of the termination of his existing position and of the offer to him of alternate employment on a different shift and at a different rate of pay. 9. Plaintiff has stated to Defendant and her counsel that he does not intend to seek or return to any other employment, preferring instead to be a "stay-at-home dad". 10. Because Plaintiff has voluntarily relinquished all employment and apparently has no source of income, Defendant believes and therefore avers that he will continue to default on the aforesaid business-related loans in willful violation of the Order entered in this matter on February 12, 2003. -2- 11. Although Plaintiff is not operating the aforesaid business, to Defendant's knowledge he has taken no action to sell the business or to otherwise liquidate its assets for satisfaction of the outstanding loan obligations, despite Defendant's notice to Plaintiff of her willingness to cooperate in any reasonable fashion to do so. 12. Because of the personal guarantees which Defendant was required to execute, her credit is being badly damaged and she is at substantial risk for loss of her property.. 13. Defendant seeks the entry of an Order following hearing, adjudicating Plaintiff in contempt of the Court's Order of Court dated February 12, 2003, and further directing that the commercial vehicle and all equipment and other assets related to the All About Shredding business be immediately delivered to the exclusive control of Defendant. 14. Defendant also seeks the entry of an Order authorizing and empowering her to sell, transfer and liquidate all assets of the aforesaid business, with any proceeds to be applied against the Commerce Bank and SBA loans. 15. Defendant has been required to incur considerable expense in counsel fees and costs as a result of Plaintiff's willful contempt of the aforesaid Order of Court and therefore requests that Plaintiff be ordered to pay her actual counsel fees and costs incurred in connection with the filing of this Petition and related proceedings. WHEREFORE, Defendant, MELODY A. CONA, petitions this Honorable Court for the entry of a rule upon the Plaintiff, CHRISTOPHER B. CONA, to show cause, if any he has, why an Order should not be entered following hearing, providing as follows: -3- a. Adjudicating Plaintiff, CHRISTOPHER B. CONA, in contempt for willful failure to comply with the provisions of the Order of Court entered herein on February 12, 2003; b. Directing that the commercial vehicle and all equipment and assets of any nature associated with or used in the All About Shredding business be immediately delivered to the exclusive control and possession of Plaintiff; C. Authorizing and empowering Defendant, MELODY A. CONA, to sell, transfer and liquidate all assets of the business known as All About Shredding, all proceeds thereof to be applied to payment of the balance due on the Commerce Bank and SBA loans; d. Directing Plaintiff to pay all actual counsel fees and costs incurred by Defendant in preparation, filing, and litigation of the instant Petition; and e. Granting such other further relief as the Court deems to be appropriate. Respectfully submitted, '?JIX4 CONSTANCE P. BRUNT, ESQUIRE Supreme Court ID# 29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110-3339 (717) 232-7200 Attorney for Defendant -4- VERIFICATION I verify that the statements made in the foregoing Defendant's Petition for Contempt are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities. DATED: //r 014 ? _ l _ 6-hcn MELODY A. ON A, Defendant CERTIFICATE OF SERVICE I, CONSTANCE P. BRUNT, ESQUIRE, do hereby certify that on the /'?k, day of 2005, I served a true and correct copy of the Defendant's Petition For Contempt, by first class mail, postage prepaid, addressed as follows: Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS & OTTO 10 E. High Street Carlisle, PA 17013 Attorneys for Plaintiff e?:4 CONSTANCE P. BRUNT, ESQUIRE Supreme Court ID# 29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110-3339 (717) 232-7200 Attorney for Defendant CHRISTOPHER B. CONA, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW MELODY A. CONA, Defendant NO. 02-2576 CIVIL TERM ORDER OF COURT AND NOW, this 12`t' day of February, 2003, upon consideration of Plaintiff's Petition To Prevent Dissipation of Martial Assets and Defendant's Answer and Counter- Petition, upon agreement of counsel, it is ordered and directed as follows: 1. Plaintiff will maintain all responsibility for and will continue to make payments on a Commerce loan and an SBA loan associated with the parties' business All About Shredding. 2. Defendant shall be solely responsible for making any and all decisions associated with the sale of the parties' real estate located at 21 Eastwood Drive, Carlisle, Pennsylvania. 3. Neither party will file bankruptcy on any joint debt until after June 30, 2003. THIS ORDER shall be in effect until further order of court or agreement of the parties. By virtue of this agreed-upon order, the hearing scheduled for February 12, 2003, is cancelled. Jennifer L. Frechette, Esq. 2650 North Third Street Harrisburg, PA 17110 Attorney for Plaintiff BY THE COURTV.,J. J. 0ey Ole Marylou Matas, Esq. 200 North Hanover Street Carlisle, PA 17013 Attorney for Defendant :rc = vy 'ri 711 In V11 ? .'t F.\FILFS\DATAFILC\Cenenl\Cwran\11'_99 1 mnmenOldm9? Crewed' 12`9/04 11'. 14AM Revised 12/29101 138NM Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant CHRISTOPHER B. CONA, Plaintiff V. MELODY A. CONA, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-2576 CIVIL ACTION - LAW JURY TRIAL :DEMANDED COUNTER-AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. Check either (a) or (b): (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 wish 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. (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. 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 are made subj ect to the penalties of 18 Pa.C. S. §4904 relating to unsworn falsification to authorities. Date: (l 1405 ristgpher B. Cona, Plaintif 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. ?, C? C.7 l 5?' (=- -.j+1 ' (?! _) J " -;i CJ C? J JAN 1 3 :005 CHRISTOPHER B. CONA, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION -LAW V. NO. 02-2576 CIVIL TERM MELODY A. CONA, Defendant IN DIVORCE RULE TO SHOW CAUSE AND NOW, this _L L day of y , 2005, upon consideration of the Defendant's Petition For Contempt filed herein, A RULE IS HEREBY ISSUED on Plaintiff, CHRISTOPHER B. CONA, to show cause, if any he has, why the relief requested therein should not be granted. RULE RETURNABLE at a hearing to be held on the 2 /,a day of _?A1 2005, at j,'30 o'clock o.m. in Courtroom J// y?D,J /i-c-?, BY THE COURT: Constance P. Brunt, Esquire Supreme Court ID #29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110 (717) 232-7200 cpbrunt@paouline.com CHRISTOPHER B. CONA, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION •- LAW V. MELODY A. CONA, : NO. 02-2576 CIVIL TERM Defendant : IN DIVORCE DEFENDANT'S MOTION TO COMPEL DISCOVERY AND NOW, comes the Defendant, MELODY A. CONA, by her attorney, CONSTANCE P. BRUNT, ESQUIRE, and moves this Honorable Court as follows: 1. The above-captioned action in divorce was filed by Plaintiff on May 28, 2002. 2. On June 19, 2002, the Defendant filed an Answer and Counterclaim, raising claims for equitable distribution of marital property, alimony, alimony pendente lite, counsel fees and costs. 3. Pursuant to Pa.R.C.P. 1920.22(b) and Pa.R.C.P. 4005, Defendant's Interrogatories to Plaintiff - First Set were served on Plaintiffs counsel of record, JENNIFER L. FRECHETTE (now SPEARS), ESQUIRE, by first class mail sent on December 11, 2002. True and correct copies of said Interrogatories to Plaintiff - First Set and Certificate of Service are attached hereto and made a part hereof as Exhibit "A". 4. After Defendant retained new counsel, the Defendant's First Request For Production Of Documents To Plaintiff were served on Plaintiffs aforesaid counsel on December 22, 2004. A true and correct copy of the said First Request For Production Of Documents To Plaintiff is attached hereto as Exhibit "B". 5. In her cover letter to Plaintiff's counsel with the First Request For Production Of Documents To Plaintiff, Defendant's counsel demanded that Plaintiff, CHRISTOPHER B. CONA, provide his answers to the aforesaid Interrogatories and Request For Production Of Documents within 30 days from December 22, 2004. A true and correct copy of the said letter is attached hereto as Exhibit "C". 6. When Plaintiff failed to respond to the aforesaid Interrogatories and Request For Production Of Documents within 30 days, Defendant's counsel notified Plaintiff's counsel by letter dated February 16, 2005, that Defendant would be filing a Motion To Compel Discovery if Plaintiff failed to serve full and complete responses to the discovery by the end of February 2005. A true and correct copy of the said letter is attached hereto as Exhibit "D". 7. To date, Plaintiff, CHRISTOPHER B. CONA, has failed to provide any responses whatsoever to the discovery, as required by Pa.R.C.P. 4006. 8. The parties have been separated well in excess of two years and Defendant wishes to request the appointment of a Master to hear and determine the economic claims of the parties as soon as possible. 9. Until such time as Defendant is able to receive the information sought in the Interrogatories and Request For Production Of Documents, which information is in the sole and exclusive possession and control of Plaintiff, CHRISTOPHER B. CONA, she is severely prejudiced in preparing and litigating the claims for economic relief raised in her Answer and Counterclaim. 10. Defendant believes and therefore avers that the Plaintiff will continue to ignore the discovery requests served upon him unless he is ordered and directed by this Honorable Court to provide full and complete answers to Interrogatories and responses to Request For Production Of Documents within a specified period of time or suffer sanctions for failure to do so. 11. Defendant has been caused to incur otherwise urmecessary counsel fees for preparation of the within Motion and related proceedings, for which Plaintiff, CHRISTOPHER B. CONA, should be held responsible. 12. Also pending before the Court at this time is Defendant's Petition For Contempt, filed as a result of Plaintiff's failure to comply with the Order of Court entered herein on February 12, 2003, by the Honorable J. Wesley Oler, Jr., requiring him to maintain responsibility for and make all payments on certain business loans in the joint names of the parties. 13. The aforesaid Petition For Contempt is scheduled for a hearing before the Honorable J. Wesley Oler, Jr., on March 31, 2005, at 9:30 a.m. Defendant respectfully requests that a Rule To Show Cause be issued on Plaintiff in connection with the within Motion To Compel Discovery, returnable at a hearing to be held on March 31, 2005, at 9:30 a.m., simultaneously with the hearing on the Defendant's Petition For Contempt. WHEREFORE, Defendant, MELODY A. CONA, respectfully moves this Honorable Court for the entry of an Rule To Show Cause on Plaintiff, CHRISTOPHER B. CONA, to show cause, if any he has, why an Order should not be entered directing him to file full and complete answers to the Interrogatories and Request For Production Of Documents heretofore served upon him within ten days following the date of said Order or suffer sanctions pursuant to Pa. R.C.P. 4019 upon failure to do so, and further, providing for payment by Plaintiff of Defendant's reasonable counsel fees incurred. Respectfully submitted, CONSTANCE P. BRUNT, ESQUIRE Supreme Court I.D. No. 29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110-3339 (717) 232-7200 Attorney for Defendant CERTIFICATE OF SERVICE I, CONSTANCE P. BRUNT, ESQUIRE, do hereby certify that on the ? -, day of /&j,, , 2005, I served true and correct: copies of the Defendant's Motion To Compel, by first class mail, postage prepaid, addressed as follows: Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS &; OTTO 10 E. High Street Carlisle, PA 17013 Attorneys of record for Plaintiff Copy also sent to: Debra R. Mehaffie, Esquire LAW OFFICES OF ROBERT S. MIRIN 2515 North Front Street Harrisburg, PA 17110 ?7* CONSTANCE P. BRUNT, ESQUIRE Supreme Court ID# 29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110-3339 (717) 232-7200 Attorney for Defendant CHRISTOPHER B. CONA, Plaintiff v. MELODY ANN CONA, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002-2576 CIVIL TERM IN DIVORCE DEFENDANT'S INTERROGATORIES TO PLAINTIFF - First Set TO: Christopher B. Cona c/o Jennifer L. Frechette, Esquire 2650 North Third Street Harrisburg, PA 17110 Pursuant to Pennsylvania Rules of Civil Procedure 1920.5(b) and 4005, Defendant propounds the following Interrogatories to Plaintiff, which must be answered fully, under oath, within thirty (30) days of service hereof. INSTRUCTIONS 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 and note such answer is an estimate or approximation. Whenever the work "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. If any answer requires more space than follows the interrogatory, attach the Answer(s) as addendum hereto. These interrogatories shall be deemed to be continuing so as to require supplemental Answers under oath if the above-named Plaintiff obtains further information contained in the Answers to the following Interrogatories between the time the Answers are served and the time of trial. INTERROGATORIES 1. Please state what you consider to he the date of separation bctwecn the parties. Answer: 2. Do you presently maintain any credit cards for your personal or business use? If so, for each card state: a. The name of the issuer; b. The card number; C. To whom the card is issued; d. The name and address of each person who may use the card; and e. The present balance of the account. Also, for each card, attach a copy of statements you have received for the last twelve months. Answer: 3. a. Attach proof of earnings from each employm cni (e.g., payroll stubs) for the past six months. b. Please state the number of hours per week or mrnrth that you normally wort: at each place of employment. If in excess of forty hours per week, state your hourly rate for overtime compensation, and state the number of overtime hours you have worked in the past twelve months. Indicate how much overtime you are currently averaging per month. Answer: 4. Does any business or individual or other entity owe you any money, whether resulting from loan, undistributed profit, dividend, services rendered or other form of credit, to which you are now entitled or will be entitled in the future? If so, identify the business, individual or entity which owes you money, and the amount owed. Answer: 5. a. List all banks, savings and loans, credit unions, and financial institutions in which you individually, or jointly with another, have or had, commencing from two years prior to separation to the present, an account in which funds are held. b. For each account, attach proof of the account, to include the account number, balance as of the date of separation, balance as of six months prior to separation, and any co- owners listed on the account. 6. State whether you have during the past three years made any gift to any person other than your spouse, in cash or in kind, having a value of $100.00 or greater. 7. a. If you are self-employed or engaged in a business or a profession as a sole proprietor, partner, or as a principal in a closely held corporation, please state the name of the entity, and the form of the entity, i.e., sole proprietorship, partnership, corporation, and the date upon which you acquired an interest in that entity. b. For each business or profession listed in your Answer to Interrogatory #7, attach proof of income received, from January 1998 to the present. 8. a. If you have any interest in any qualified or unqualified deferred compensation arrangement or retirement program, including, but not limited to, IRA, Keogh Plan, 401(k) Plan, military retirement, savings plan, annuity benefits, retirement plan, pension plan, profit sharing plan, stock bonus plan, stock option plan, or thrift plan (excluding; social security benefits), with your present employer, or any previous employer, or any self-employed business with which you are involved, please designate and indicate the name and type of retirement plan. b. Have you elected to receive or have you received proceeds from any retirement benefit plan(s) as set forth in 8(a) above in the period of twelve months prior to the date of separation, to the present? C. Have you borrowed against any of the aforementioned retirement plans? If so, identify the date and amount borrowed, and the reason for borrowing? d. For each plan listed in your Answer to interrogatory #8, please identify the balance in each plan account as of the date of separation and six months prior, attaching proof of such balance in the form of a statement for the plan. 9. Have you filed a financial statement or loan application with any lending or credit institution during the past five years? If so, please name the lending or credit institution, and attach all such financial statements or loan applications to your answers to these Interrogatories, and state the amount, tom(s), and purpose(s) of loan. Answer: 10. List all outstanding debts you are obligated to pay, having a balance in excess of $300.00 for each debt, including unpaid federal, state, and local income and real estate taxes, and which have had an outstanding balance for more than 30 days. Answer: 11. Please itemize your household contents including, but not limited to, furnishings, personal effects, or other personal property (including jewelry), and estimate the current market value thereof. Answer: 12, Do you claim that there is property in existence, whether owned individually or with another person, that is your separate property, and not marital property, as defined in the Pennsylvania Divorce Code? If so, for each and every item of such property, state: a. Description of the property; b. Present location and the name and address of person in possession and the basis for such right of possession; C. Basis for your contention that it is not marital property; d. What you contend to be the present fair market value of the property and basis of your answer. Answer: 13. Identify eac(t and every asset, wilethei marital ornon-marital, which you have removed from the martial residence within the last twelve months, and state the present location of the asset. Answer: 14. Identify the factual basis for your contention that Defendant offended such indignities to the Plaintiff so as to render his condition intolerable and life burdensome, and that Plaintiff is the innocent and injured spouse. Answer: 15. Identify all of your sexual partners (excluding Defendant) within the last twelve months, and for each such partner, identify the date(s) when you had sexual relations. Answer: 16. Please refer to Schedule A (attached to this document). Do you now, or did you at any time within three years before your separation, have any interest in any of the items listed on Schedule A? If so, please designate by placing an "x" in the parentheses provided next to the items, and for each designated item on Schedule A, please provide the information requested on Schedule A immediately below the designated item. Please answer on attached Schedule A. Respectfully submitted, ?c? tart )1('L-6'j Maryloil'.Matas, Esquire Attorney for Defendant GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 SCHEDULE A EXPLANATION OF TERMS Date of Acquisition: The date the item was acquired. Please be as specific as possible. Value at Acquisition: The purchase price or value of the item when it was acquired. Separation Value: The value of the items as of the date you deem to be the date of separation. Current Value: The current and/or present value of the item as of the date of answering these Interrogatories. ( ) A. REAL PROPERTY 1. Please provide the address and/or a brief description of each piece of real estate. 2. Date of acquisition. 3. Cost at acquisition. 4. Tax basis of real estate. 5. Current value. 6. The ownership and identity of each person having an ownership in the real estate. 7. Value of the real estate at date of separation. 8. Has any real property referred to in this Interrogatory been sold or otherwise transferred during the past three yews? 9. If the answer to 8 is affirmative, provide the fcllowing information: a. Description of real estate conveyed b. Name of grantee c. Date of transfer d. Amount of consideration received e. Financing arrangements, if any 10. Has the property been put on the market for sale? If so, on what date, and at what listing price? Have there been any offers to purchase? 11. Have there been any threats of foreclosure against the property? ( ) B. MOTOR VEHICLES, BOATS, AIRPLANES, ETC. If any of the motor vehicles listed in this Section B have been appraised, please provide copies of such appraisal(s). 1. Please state the make, model, and year of each vehicle, boat, motor bike, airplane, etc. owned by you. a. b. C. 2. Date of acquisition, cost at acquisition, and from whom purchased. a. h. c. 3. Value of the vehicle at separation, its current value, and basis for such valuation. a. b. C. 4. Mileage at date of separation. a. b. C. 5. Have any of the motor vehicles, boats, airplanes, etc. been sold or transferred during the past three years? a. b. C. ( ) C. STOCK OPTIONS 1. Please state the name of the grantor and a description of the option, including the date of acquisition and option price. a. b. C. 2. State the date upon which the option expires. a. b. C. 3. Current value of stock. a. b. C. ( ) D. FINANCIAL INSTITUTIONS, CHECKING ACCOUNTS, SAVINGS ACCOUNTS, ETC. 1. Please state the name of the financial institutions, and their addresses, as well as your account number and current balance. a. b. C. d. e. 2. Balance of account at the date of separation. a. b. C. d. e. ( ) E. PATENTS, COPYRIGHTS, INVENTIONS, ROYALTIES Are you the owner of, or have you applied for, any patents, copyrights, inventions, or royalties? If so, please provide a complete description, including the date granted. Answer: ( ) F. LIFE INSURANCE POLICIES As to any insurance policy or annuity in which you now have or had in the past five years an interest, whether as owner of the policy, insured, or beneficiary, for each policy please provide: 1. Name and address of insurance company and type of policy (ordinary life, term, annuity, etc.) and identifying number. a. b. G. d. e. 2. Face value, and current cash surrender value: a. b. C. d. e. 3. Indicate loans against each policy, including date, amount, and purpose of loan. a. b. C. d. e. 4. Name of owner and name of insured. a. v. e. d. C. 5. Name, address, and relationship, if any, of beneficiary. a. b. C. d. e- 6. Amoral premium. a. b. C. d. e. 7. Has your interest in any insurance policy been canceled, allowed to lapse, liquidated, or otherwise been terminated in the last five years? Answer: 8. Designate any change or transfer of beneficiary designation as to any policy listed in (F) above, over the past five years. Answer: ( ) G. INHERITANCES & EXPECTANCIES (TRUSTS, ESTATES, ETC.) Please state from whom you have received or expect to receive an inheritance and/or expectancy, and in what form (cash, property, etc.) and when you expect to receive it. If part of an Estate or Trust, please designate name, address, and telephone number of the Executor, Administrator, or Trustee. Provide a copy of the Will or Trust instrument in which you are named as the beneficiary. Answer: ( ) H. MISCELLANEOUS INVESTMENTS (REAL ESTATE, MINERAL, OIL, GAS, COAL, OR OTHER SUCH INVESTMENTS) 1. Please naive and/or describe each, and the date of acquisition, and in whose name(s) the assets are listed. a. b. C. d. e. 2. Please state the amount of your total investment in each of the above, and amount of any further obligations, and payment dates. a. b. C. d. C. 3. Attach a copy of the prospectus for each such investment. 4. Have any of the investments been challenged by the Internal Revenue Service? If so, which investments, and for which tax years? Attach copies of any notices or correspondence received from the Internal Revenue Service. Answer: 5. What was the am-ual cash flow income for each such investment during the past five years? Answer: CHRISTOPHER B. CONA, Plaintiff V. MELODY ANN CONA, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002-2576 CIVIL TERM IN DIVORCE CERTIFICATE OF SERVICE; I certify that I sent a true and correct copy of the Defendant's Interrogatories to Plaintiff ?b? at the following address by first class mail, postage prepaid on December )) , 2002. CHRISTOPHER B. CONA c/o Jennifer L. Frechette, Esquire 2650 North Third Street Harrisburg, PA 17110 Date: / Z - / / - C! Z ex, Marylo a s, Esquire Attorney for efendant GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 CHRISTOPHER B. CONA, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW MELODY A. CONA, : NO. 02-2576 CIVIL TERM Defendant IN DIVORCE FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO PLAINTIFF TO: Christopher B. Cona, and Jennifer L. Spears, Esquire, Attorney for Plaintiff Pursuant to Pa. R.C.P. 1930.5(b) and 4009.1 et. seq., please produce the following documents within thirty (30) days of the date of service by providing copies thereof to counsel for Defendant or by making the originals available for a reasonable; period of time for copying by counsel: Complete copies of your federal and all state tax returns for 2001, 2003, and 2004 upon completion, including all W-2 forms, schedules and attachments. 2. All paycheck stubs or other documents evidencing wages earned or payments made to you for services of any nature issued by any employer or other person or entity from 1/1/04 to the present. All 1099 forms and W-2 forms issued to you for 2002, 2003 and 2004. Any written employment contracts, correspondence, employee handbooks or other documents of any nature evidencing the terms and conditions of your employment with any person or entity, including without limitation the wages, benefits or other payments to which you are or were entitled, for any time from 1/1/02 to the present. Any appraisals performed or other statements of value made by you or anyone else at any time to the present for any item of personal property of any nature you or Defendant now own or possess, or owned or possessed at any time from 1/1/02 to the present, including without limitation any insurance documents or policy declarations. 6. Any bills of sale or other documents of any nature evidencing the sale, trade, loss or other disposition of any items of real or personal property of any nature since 1/1/02, including specifically without limitation the sale or other disposition of Defendant's diamond necklace. Loan documents, promissory notes, credit agreements, and statements issued during the period from 1/1/02 to the present on all credit card accounts, loan accounts, or other credit accounts of any nature in any name you or Defendant have used, individually or jointly with any other person, or in the name of any entity operated under a fictitious or corporate name in which you or Defendant have or had any interest, including specifically without limitation any documentation of any debts you assert to be marital debts and the balances on 11/14/02, and currently. 8. All net worth statements, loan or other credit applications or any other documents prepared by you or Defendant or on your behalf or on her behalf, or by or on behalf of any entity operated under a fictitious or corporate name in which you or Defendant have or had any interest, since 1/1/02, listing assets and liabilities and income and expenses. -z- 9. Statements issued during the period from 1/1/02 to the present on all bank, credit union, brokerage, mutual fund, or other depository accounts of any nature in any name you or Defendant have used, individually or jointly with any other person, or in the name of any entity operating under a fictitious or corporate name in which you or Defendant have some interest at any time. 10. Statements issued during the period from 12/31/01 to the present or other documents relating to any defined benefit or defined contribution pension or other retirement account of any nature, employee savings or stock accounts, 401(k) plans, 403(b) plans, Individual Retirement Accounts, SEP-IRA'S, KEOGH plans, annuities, or other plans or accounts of similar nature in which you or Defendant have participated or in which you or Defendant had any interest. 11. Certificates, bonds, statements or other documents of any nature relating to any domestic or foreign stocks, bonds, U.S. Savings Bonds, mutual funds, corporate or governmental debentures or other similar investments which you, or any entity operating under a fictitious or corporate name in which you or Defendant have or had some interest, have owned or have had any legal or beneficial interest in at any time from 111102 to the present. 12. Titles, lien documents or other documents of any nature relating to any vehicles or titled recreational vehicles or equipment which you, Defendant, or any entity operating under a fictitious or corporate name in which you or Defendant have or had some interest, have owned or had possession of at any time from 1/1/02 to the present. 13 A completed form (attached) for each vehicle or titled recreational vehicle or equipment in your possession. -3- 14. All policies, declaration sheets, statements of value, surrender documents, receipts, or other documents of any nature evidencing and relating to any policy of insurance insuring your life, the life of Defendant, or the life of any other person on which you or Defendant are now or were formerly the owner at any time from l/ 1/02 to the present, including specifically, without limitation, documents relating to any terminations, surrenders, or loans against policy value during that time. 15. Titles, statements, certificates or other documents of any nature evidencing the identity, ownership, and value of any other asset of any nature which you, Defendant, or any entity operating under a fictitious or corporate name in which you or Defendant have or had some interest, have owned or have been in possession of at any time since 1/1/02. 16. Documents of any nature, including, without limitation, bank records, statements of account, etc., evidencing any assets of any nature which you owned at the date of your marriage to Defendant. 17. Documents of any nature, including, without limitation, credit card statements and mortgage or loan documents, evidencing any debts of any type owed by you at the date of your marriage to Defendant. 18. The most recent Estimate of Benefits issued to you by the Social Security Administration, reflecting your earnings history and estimated benefits. 19. Income Tax Returns, K-1 forms, and all attachments and schedules for any corporation, partnership, sole proprietorship, or other business entity of any nature in which you have held any legal or equitable ownership interest at any time from 1/1/02 to the present. -a- 20. The following documents for the calendar years 2002 through the present inclusive for all corporation, partnerships, sole proprietorships, or other business entities of any nature in which you have held any legal or equitable interest from 1/1/02 to the present: a. Financial Statements. b. Payroll Tax Returns. C. Forms W-2 and W-3. d. Forms 1099 and 1098. e. Sales tax returns. f. Pension plan tax reports. g. Depreciation schedules. h. Incorporation documents and By-laws. 1. Corporate minute book with Shareholder and Director's minutes. j. Shareholder lists showing the ownership interest of each. k. Copies of all leases, including: Business facilities Real property Equipment Automobiles Other personal property 1. Copies of all loan agreements, including: All current loans outstanding Loans paid within the period from 1/1/02 to the present Lines of credit Mortgages Capital asset financing contracts Security agreements and financing statements in. Copies of all customer contracts for the provisions of any product or service. -5- n. Copies of all employment contracts, including: Current employees Employees terminated during the period from 1/1/02 to the present o. Copies of all Buy-Sell agreements, including: Current agreements Agreements in force during the period from 1/1/02 to the present p. Copies of all insurance contracts, including: Life insurance Disability and health insurance Fire and casualty insurance Liability insurance Property insurance Other insurance q. Copies of all contracts of any nature with shareholders and/or related parties. r. List of major customers or clients. S. Copies of promotional sales literature. t. Copies of price lists. U. List of all major competitors. V. Copies of licenses and certificates issued by regulatory agencies. W. Copies of prior offers to purchase the business. X. Agreements affecting the transfer of stock. Y. Accounts receivable schedule, with aging. Z. Notes receivable schedule, with aging. aa. Fixed asset schedule with descriptions, dates acquired, and costs. bb. Accounts payable schedule. CC. Notes payable schedule. dd. Liabilities schedule. -6- ee. Copies of all prior asset appraisals. ff. Copies of bank statements and cancelled checks for the period from 1/1/02 to present. gg. Personnel list with job titles. hh. Copies of profit sharing or pension plan documents. ii. Schedule of life insurance policies on key personnel. 21. All correspondence or documents of any nature relating to any demotion, promotion, change in job duties or wages and benefits, or termination of employment which you have experienced at any time since 11/14/02, including specifically documents evidencing the terms and conditions of any substitute employment offered to you upon any such demotion or termination of a specific position. Respectfully submitted, N CONSTANCE P. BRUNT, ESQUIRE Supreme Court ID # 29'933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110-3339 (717) 232-7200 Attorney for Defendant -7- VERIFICATION I verify that the statements made in the foregoing Responses To First Request For Production Of Documents To Plaintiff are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities. DATED: CHRISTOPHER B. CONA, Plaintiff -8- CERTIFICATE OF SERVICE I, CONSTANCE P. BRUNT, ESQUIRE, do hereby certify that on the L4= ka-day of 2004, I served a true and correct copy of the foregoing First Request For Production Of Documents To Plaintiff by depositing same in the United States Mail, first- class postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS & OTTO 10 E. High Street Carlisle, PA 17013 Attorney for Plaintiff CONSTANCE P. BRUNT, ESQUIRE Supreme Court ID # 29933 Beaufort Professional Center 1820 Linglestown Road. Harrisburg, PA 17110-3339 (717) 232-7200 Attorney for Defendant CONSTANCE P. BRUNT ATTORNEY AT LAW BEAUFORT PROFESSIONAL CENTER • 1820 LINGLESTowN ROAD • HARRISBURG, PA 17110-3339 • (717) 232-7200 • FAX (717) 232-0255 File No. 1792-1 December 22, 2004 Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS & OTTO 10 E. High Street Carlisle, PA 17013 In Re: Christopher Cona v. Melody A. Cona No. 02-2576 Civil Term In Divorce Dear Jeri: As we discussed briefly the other day, Melody Cona intends to move the pending divorce action to a conclusion as soon as possible. In order for us to do so, however, Mr. Cona must provide responses to the Interrogatories which were served on him many months ago. In addition, I am enclosing a First Request For Production Of Documents to Plaintiff for Mr. Cona's response. This matter has been delayed for far too long, to the detriment of both parties. I therefore will expect to receive Mr. Cona's responses within the 30-day period provided by the Rules of Civil Procedure. Thank you for your anticipated cooperation. Very truly yours, CONSTANCE, P. BRUNT CPB/tsd Enclosure cc: Melody A. Cona CONSTANCE P. BRUNT ATTORNEY AT LAW BEAUFORT PROFESSIONAL CENTER • 1820 LINGLESTOWN ROAD • HARRISBURG, PA 17110-3339 • (717)232-7200- FAX (717) 232-0255 File No. 1792-1 February 16, 2005 ALSO SENT VIA TELEFAX (243-1850) Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS & OTTO 10 E. High Street Carlisle, PA 17013 In Re: Cona Dear Jenn: In your e-mail to me of February 3, you indicated that you were having difficulty communicating with Mr. Cona and obtaining his cooperation in responding to the outstanding discovery. I hope that situation has remedied itself by now, but I have not yet received the discovery responses. Please inform Mr. Cana that if full and complete responses are not received by the end of this month, I will be filing a Motion To Compel Discovery, asking that it be heard simultaneously with the Petition For Contempt on March 31. Of course, we will also be seeking his payment of Melody's counsel fees for that as well. Please assure Mr. Cona that Melody does indeed want to finalize this case. It is his failure to respond and provide the information that we need to do so that is preventing that from happening. I hope that he can be made to recognize that his cooperation in that respect will be far more productive than continued litigation. Thank you for your anticipated cooperation. Very truly yours, CONSTANCE P. BRUNT CPB/tsd cc: Melody A. Cona CHRISTOPHER B. CONA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, NO. 2002-2576 V. CIVIL ACTION -LAW MELODY ANN CONA, : IN DIVORCE Defendant. PRAECIPE Kindly withdraw Vhe appearance of Jennifer L. Spears, Esquire as attorney for Plaintiff, Christopher B. Cona in the above captioned matter. 2' ??? .dS Date Jennif r L. pears Kindly enter the appearance of Debra R. Mehaffie, Esquire as attorney for Plaintiff, Christopher B. Cona in the above captioned matter. \J kl, Date e R. Mehaffie Respectfully submitted, R. Mehaffie, Esquire No. 90951 2515 N. Front Street Harrisburg, PA 17110 717-909-9900 ,._, ' ;-, _:. , ;_: ? :>> _, "T ^c t.? _ ,:L '? rJ ?":, t.. CHRISTOPHER B. CONA, Plaintiff V. MELODY A. CONA, Defendant: : IN THE COURT OF COMMON PLEAS, : CUMBERLAND COUNTY, PENNSYLVANIA No. 02-2576 Civil MOTION TO QUASH SUBPOENA AND NOW, comes Chasity Deitch, by and through her attorneys, Purcell, Krug and Haller, and files the following motion to Quash: 1. Movant is Chasity Deitch (hereinafter "Deitch"). 2. Respondent is Melody A. Cona (hereinafter "Cona"), Defendant in the above captioned action. 3. On March 9, 2005, Cona issued a subpoena directing Deitch to attend and produce certain documents at a hearing on Cona's Petition for Contempt scheduled to occur on March 31, 2005 before the Honorable Wesley Oler. A true and correct copy of the subpoena is attached hereto and made part hereof as Exhibit "A" 4. The subpoena requires Deitch to produce client lists and a variety of financial and proprietary information pertaining to her business, "All About Shreddin "', and the former "All About Shredding" 5. Cona is not entitled to the information requested as it pertains to All About Shreddin'. Deitch respectfully requests the Court to quash the subpoena to prevent unreasonable annoyance, embarrassment, oppression, burden and expense to her. 6. In late 2004, the business known as "All About Shredding", owned by Christopher Cona, Plaintiff in the above referenced action, failed. As the name suggests, All About Shredding performed document shredding functions for various businesses. 7. In early 2003, Christopher Cona enlisted the assistance of Deitch to help him manage All About Shredding. 8. From early 2003 until the business failed, Deitch assisted with billing, answered the telephone, handled client inquiries, arranged advertising and did some shredding. 9. From virtually the beginning of her involvement, the business was in financial trouble. Deitch began to make significant personal financial contributions to help keep the business afloat. 10. In or about November 2004, she informed Mr. Cona that she would no longer provide financial assistance to his business. Without it, he was unable to continue operations and notified customers that he was closing All About Shredding. 11. Shortly thereafter, Deitch commenced her own shredding business }mown as "All about. Shreddin'" 12. Deitch is not in possession of any of the business assets of All About Shredding. With the sole exception of a truck, all of the equipment used by Deitch in her operation of 2 All About Shreddin' was purchased by her, with no contribution from All About Shredding or Christopher Cana. 13. Deitch used the All About Shredding truck for a few months until she purchased her own. She made the monthly payments due on the truck to compensate Mr. Cana for her use of it. 14. Deitch has not received any income to which Christopher Cana or All About Shredding is entitled. In fact, the financial contributions she made when attempting to salvage All About Shredding have never been repaid. 15. Cana has not alleged that Deitch is in possession of any income or asset of Christopher Cana or All About Shredding. 16. None of the financial documents, client lists and other proprietary information of All About Shreddin' have any bearing on Mr. Cana's alleged failure to pay certain marital debts. 17. Compliance with the subpoena would result in an undue invasion of Ms. Deitch's privacy. Furthermore, the continued operation of All About Shreddin' would be in jeopardy to the extent Cana uses any of the information acquired to contact clients or restart operation of All About Shredding. 18. All information with respect to All About Shredding was retained by Mr. Cana and is available to Ms. Cana through him. 3 WHEREFORE, Chasity Deitch respectfully requests this Honorable Court to quash the attached subpoena. PURCELL, KRUG S HALLER. is By _--.- Ijichole M. Staley O Gorman, Esquire ID 479866 1719 North Front Street Harrisburg, PA 17102 717 234-4178 Attorney for Chasity Deitch Date: 2 ' 4 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ' S. N. V ((L'.'?M File No. 02, -u 7e SUBPOENA TO ATTEND AND TESTIFY TO: Chasity Deitch 86 Arnold Road 2. Enola, PA 17025 You are ordered by the court to come to Cumberland County Courthouse, Courtroom No. 1, One Courthouse Square, Carlisle, PA 17013 (Specify Courtroom or other place) at Carlisle Cumberland County, Pennsylvania, on March 31, 2005 at 9:30 o'clock, A .M,. to testify on behalf of Melody A. Cona in the above case, and to remain until excused. And bring with you the following: See attached list. If' you fail to attend or to produce the documents or things required by this subpoena, you may be subject to the sanctions authorized by Rule 234.5 of the Pennsylvania Rules of Civil Procedure, including but not limited to costs, attorney fees and imprisonment. REQUESTED BY A PARTY/ATTORNEY IN COMPLIANCE WITH Pa.R.C.P.No.234.2(a): Name: Constance P. Brunt, Esquire Address: 182U Linglestown xoaa Harrisburg, PA 17110-3339 Telephone: (717) 232-7200 Supreme court ID # 29933 Date:&fi/Llifi Seal of the Court Official Note: This form of subpoena shall be used whenever a subpoena is issuable, including hearings in connection with depositions and before arbitrators, masters, commissioners, etc. in compliance with Pa. R.C.P.No.234.1. If a subpoena fora cords or 7/97) things is desired, complete paragraph 2. 1 "y BY THE COURT: DOCUMENTS TO BE PRODUCED Bring with you all of the following documents related to the businesses known as "All About Shreddin"' and "All About Shredding" for the period from 11/1/02 to the present: Agreements or documents of any nature for your purchase or acquisition of the above businesses or any of their assets 2. Customer contracts and all invoices issued General Ledger Detail 4. Income Statements or Profit & Loss Statements `i. Account Receivable records 6. Sales tax returns Fixed asset schedule with descriptions, dates acquired, and costs Titles, registration forms, or other documents evidencing ownership of any vehicles or equipment used in the above businesses 4. Statements and cancelled checks for all bank or other depository accounts 10. Copies of all leases, including: Business facilities Real property Equipment Automobiles Other personal property 11. Copies of all loan agreements, including: All current loans outstanding Loans paid within the period from 1 I/1/02 to the present Lines of credit Mortgages Capital asset financing contracts Security agreements and financing statements 12. List of all clients or customers 13. Copies of price lists 14. Personnel list with job titles CERTIFICATE OF SERVICE I, ANGELA S. SHAFFER, an employee for the law firm of Purcell, Krug & Haller, counsel for Plaintiffs, hereby certify that service of the MOTION TO QUASH was made on the following via regular mail on March 24, 2005: Constance P. Brunt, Esquire 1820 Linglestown Road Harrisburg, PA 17110 Deborah Mehaffie, Esquire 2515 North Front Street Harrisburg, PA 17110 ",A - A Angel . Shaffer ?,? n _ U !? ' -n rr r` 7 PJ t'.),?j C.) -, '? r?? ii ? i- u . 1 CHRISTOPHER B. CONA, Plaintiff V. MELODY A. CONA, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-2576 CIVIL TERM ORDER OF COURT AND NOW, this 15`h day of March, 2005, upon consideration of Defendant's Motion To Compel Discovery, a Rule is hereby issued upon Plaintiff to show cause why the relief should not be granted. RULE RETURNABLE within 20 days of service. BY THE COURT, C 'L I ' esley Oler, Jr., J. t:fennifer L. Spears, Esq. 10 E. High Street Carlisle, PA 17013 Attorney for Plaintiff L.?onstance P. Brunt, Esq. 1820 Linglestown Road Harrisburg, PA 17110-3339 Attorney for Defendant Courtesy Copy: 'Debra R. Mehaffie, Esq. Law Offices of Robert S. Mirin 2515 North Front Street Harrisburg, PA 17110 :rc 1 r Melody A. Cona, IN THE COURT OF COMMON Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 02-2576 CIVIL TERM Christopher B. Cona, Defendant CIVIL ACTION-IN EQUITY SUGGESTION OF BANKRUPTCY To the Prothonotary: Please file in the above captioned case the Suggestion of Bankruptcy as Evidence Defendant, Christopher B. Cona, in this case has filed for bankruptcy protection under Ch United States Bankruptcy Code on March 24, 2005 at Docket No. 1-05-01793-MDF. METZGER WICKERS$IAM KNAUSS & ERB, P By Dated: Steven P. Miner, Esquire I.D. #: 38901 3211 N. Front Street PO Box 5300 Harrisburg, PA 17110-0300 the 7 of the 324132-1 9 Melody A. Cona, IN THE COURT OF COMMO Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 02-2576 CIVIL TERM Christopher B. Cona, Defendant CIVIL ACTION-IN EQUITY CERTIFICATE OF SERVICE AND NOW, this 240' day of March, 2005, I, Steven P. Miner, Esquire, of Metzge Knauss & Erb, P.C., attorneys for Defendant, hereby certify that I served the foregoing Bankruptcy this day by deposifing the same in the United States mail, postage prepaid, Pennsylvania, addressed to: Constance P. Brunt, Esquire Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110-3339 By: Steven P. Miner, Esquire PLEAS Wickersham, Suggestion of .n Harrisburg, 324132-1 ,,: -; E. =?.:. T : ?. •-.l, CHRISTOPHER B. CONA, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. MELODY A. CONA, Defendant CIVIL ACTION- LAW NO. 02-2576 CIVIL TERM ORDER OF COURT AND NOW, this 301h day of March, 2005, upon consideration of Quash Subpoena filed on behalf of Chasity Deitch, the motion is prejudice to the moving party's right to object to the disclosure of information at the time of the hearing on March 31, 2005. bra R. Mehaffie, Esq. Law Offices of Robert S. Mirin 2515 North Front Street Harrisburg, PA 17110 Attorney for Plaintiff .Zonstance P. Brunt, Esq. 1820 Linglestown Road Harrisburg, PA 17110-3339 Attorney for Defendant cole M. Staley O'Gorman, Esq. 1719 North Front Street Harrisburg, PA 17102 Attorney for Chasity Deitch G 4 Ct 0J n L? Motion To without items and :rc BY THE COURT, c no 1 CHRISTOPHER B. CONA, Plaintiff V. MELODY A. CONA, Defendant IN THE COURT OF COMMON PLEA) OF CUMBERLAND COUNTY, PENNSYL ANIA CIVIL ACTION - LAW NO. 02-2576 CIVIL TERM ORDER OF COURT AND NOW, this 30`h day of March, 2005, upon consideration of the from Constance P. Brunt, Esq., attorney for Defendant, the hearing for March 31, 2005, is continued generally. COUNSEL ARE directed to notify the court if a hearing is settlement is reached in this matter. ,/llebra R. Mehaffie, Esq. Law Offices of Robert S. Mirin 2515 North Front Street Harrisburg, PA 17110 Attorney for Plaintiff stance P. Brunt, Esq. 1820 Linglestown Road Harrisburg, PA 17110-3339 Attorney for Defendant Xicole M. Staley O'Gorman, Esq. 1719 North Front Street Harrisburg, PA 17102 Attorney for Chasity Deitch 1 x,3-31-05 letter scheduled or if a :rc RV THE C(-TiRT ol?' :J! !?! 1? sIdZ -, I. I ?'! i- lj? ? BR.UNTLAWOFFICES I PAGE 02 03/30/2005 11:59 7172320255 CONSTANCE F. BRUNT ATTORNEY AT LAW BLAUFOATPROpefetoNAL C.RMRx • t M7p LIIUCCtLTOmtu ROAD • tlARUSBVRG. rA 17110.}?*9 • (Tl? 2.12.7200 ALSO SEMI' VIA TELEFAX (240-6462) The Honorable J. Wesley Oler, Jr. Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 March 30, 2005 In Re: Christopher B. Cana v. Melody A. Conn No 02-2576 Civil Tim In Divorce Dear Judge Oler: Ft=Mv. 1792-1 I am writing to confirm my conversation with your assistant regarding the contiruauce of a hearing scheduled fur 9:30 a.m. tomorrow, March 3 V, in the above matter on Defendant s Peritio For Contempt. The parties have reached a tentative settlement of all issues in this case and hope to execu ' a on For comprehensive Marital Settlement Agreement shortly. Assuming that they do sq, the Peti Contempt will be withdrawn. Attorney Debra Mehaffie, representing the Plaintiff; and I therefore request that the hearin be indefinitely continued, subject to being rescheduled upon request of counsel if the settlement (cannot b consummated. We appreciate the Court's consideration in this matter. Plcasc advise me if anything fluth is required from counsel. very tall yours, CONSTANCE P. BRUNT CPB/tsd cc: Debra R. Mehaffie, Esquire (also via telefax) Nichole M. Staley-O'Gorman, Esquire (also via telefax) Melody A. Cona CHRISTOPHER B. CONA Plaintiff, V. MELODY ANN CONA, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-2576 CIVIL ACTION - LAW IN DIVORCE MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this 42coC day of l 2005, by and between Christopher B. Cona, hereinafter referred to as sband," and Melody A. Cona, hereinafter referred to as "Wife." WITNESSETH: WHEREAS, Husband, social security number 106-68-6612, was born on July 18, 1968, and currently resides at 86 Arnold Road, Cumberland County, Enola, Pennsylvania 17025. WHEREAS, Wife, s ocial s ecurity number 188-62-4811, w as b orn on M arch 3, 1967, and currently resides at 129 Stanford Court, Cumberland County, Mechanicsburg, Pennsylvania 17050. WHEREAS, certain differences arose between the parties as a result of which they separated on or about November 14, 2002, and now live separate and apart from one another, and are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them relating to the past, present and future support and/or maintenance of Wife by Husband or of Husband by Wife; and in general the settling of any and all claims and possible claims by one against the other or against their respective estates for equitable distribution of all marital property; and a resolution of all mutual responsibilities and rights growing out of the marriage relationship any provisions of prior agreement between them to the contrary notwithstanding; and WHEREAS, the parties hereto, after being properly advised by their respective counsel, Husband, by his attorney, Debra R. Mehaffie, Esquire, and Wife, by her attorney, Constance Brunt, Esquire, have come to the following agreement. NOW THEREFORE, in consideration of the above recitals and the following covenants and promises mutually made and mutually to be kept, the parties heretofore, intending to be legally bound and to legally bind their heirs, successors and assigns thereby, covenant, promise and agree as follows: t - P III C (Initiials) (Initials) 1. ADVICE OF COUNSEL: Each party acknowledges that he or she has had the opportunity to receive legal advice from counsel or his or her selection. Wife has employed and had the benefit of counsel of CONSTANCE P. BRUNT, ESQUIRE, as her attorney. Husband has employed and had the benefit of counsel of DEBRA R. MEHAFFIE, ESQUIRE, as his attorney. Each party fully understands the facts and his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, and that the execution of this Agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. In addition, each party understands the impact of the Pennsylvania Divorce Code, whereby the Court has the right and duty to determine all marital rights of the parties including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and cost of litigation and, fully knowing the same, each party hereto still desires to execute this Agreement, acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties and waives his and her respective right to have the Court of Common Pleas of Cumberland County or any other Court of competent jurisdiction, make any determination or order effecting the respective parties' right to alimony, alimony pendente lite, support and maintenance, equitable distribution, counsel fees and cost of litigation. 2. DISCLOSURES OF ASSETS: Each of the parties hereto acknowledges that he or she is aware of his or her right to seek discovery, including but not limited to, written interrogatories, motion for production of documents, the taking of oral depositions, filing of inventories, and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or she has had the opportunity to discuss with counsel the concept of marital property under Pennsylvania law, and each is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the Courts of this Commonwealth or any other Court of competent jurisdiction. The parties do hereby acknowledge that there has been full and fair disclosure to the other of his or her respective income, assets and liabilities, whether such are held jointly or in the name of one party alone. Each party agrees that any right to further disclosure, valuation, enumeration or statement thereof in this Agreement is hereby specifically waived and the parties do not wish to make or append hereto any further enumerations or statement. Each party warrants that he or she is not aware of any marital asset which is not identified in this Agreement. The parties hereby acknowledge and agree that the division of assets as set forth in this Agreement is fair, reasonable and equitable, and is satisfactory to them. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators or assigns in any action of contention, direct or indirect, and 4/ 2 - 0? m, a.c (Initials) (Initials) alleged therein that there was a denial of any rights to full disclosures, or that there was any fraud, duress, undue influence, or that there was a failure to have a available full, proper and independent representation by legal counsel. 3. SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other at such place or places as he or she may from time to time choose or deem fit. 4. INTERFERENCE: Each party shall be free from interference, authority and contact by the other, as fully as if he or she was single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall harass the other nor endeavor to molest the other, nor compel the other to cohabit with the other nor in any way malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other in all respects as if he or she were single and unmarried. 5. WIFE'S DEBT: Wife represents and warrants to Husband that since November 14, 2002, she has not, and in the future, she will not, contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. Wife shall be solely responsible for any debts or liabilities incurred in her individual name at any time, and shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of such debts or obligations. 6. HUSBAND'S DEBT: Husband represents and warrants to Wife that since November 4, 2002, he has not, and in the future he will not, contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. Husband shall be solely responsible for any debts or liabilities incurred in his individual name at any time, and shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of such debts or obligations. 7. MUTUAL RELEASE: Except as provided in this Agreement, each party waives his or her right to alimony and any further distribution of property because both agree that this Agreement provides for an equitable distribution of their marital property in accordance with the Divorce Code of 1980. Subject to the provisions of this Agreement, each party has 3 in. a (Initials) (Initials) released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights or demands whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all causes of causes of action for divorce and except in any or all causes of action for breach of any provisions of this Agreement. Each party also waives his or her right to request marital counseling pursuant to 23 Pa. C.S.A. § 3302. 8. EQUITABLE DISTRIBUTION PAYMENT: A. Consideration Husband agrees that he shall pay to wife as and for equitable distribution the sum of $2,500.00. Said $2,500.00 shall be paid to Wife upon execution of this Agreement. B. Contents of Wife's Residence As of the date of the execution of this Agreement, the parties have equitably divided their personal property. Husband relinquishes his right, title, claim and interest in and to the furniture, fixtures, goods, appliances, equipment and personal items in the possession of Wife with the exception of Husband's high school diploma, passport, social security card and birth certificate, which Wife will give to Husband within twenty (20) days of this Agreement. C. Contents of Husband's Residence Wife relinquishes her right, title, claim and interest in and to the furniture, fixtures, goods, appliances, equipment and personal items in the possession of Husband, with the exception of the Wife's pictures, which Husband will give to Wife within twenty (20) day of this Agreement. D. Motor Vehicles With respect to the motor vehicles owned by one or both of the parties, they agree as follows: (1) Husband shall retain the Dodge Ram and 1982 motorcycle; (2) Wife shall retain the 1999 Pontiac Grand Am; (3) All automobile titles and insurance policies will be corrected to reflect the ownership of each vehicle. A/ 4 (Initials) (Initials) E. Individual Retirement Accounts, Pensions and Employment Benefits: Each party shall retain sole ownership and control of their own IRA's, Pensions and Employment benefits and will be solely responsible for any loans against those accounts or benefits. F. Husband's Shredding Business Husband represents and warrants that the business known as "All About Shredding," a sole proprietorship, operated solely by Husband during the marriage, is no longer operating. Wife waives and relinquishes any and all interest she may have had in All About Shredding and any successors. Wife further waives any interest that she may have had in any of the said business assets, with the exception of a 1996 International truck (PA Title #56811942501 AL / VIN # IHTSCAAM3TH248677) and shredding equipment or any other business asset subject to a security interest by Commerce Bank, the U.S. Small Business Administration, or any other lender for payment of any debt on which Wife is a joint obligor or guarantor. Wife will sign any and all documents necessary upon request by H usband to r emove herself as an o wner o f the s ole proprietorship known as All About Shredding or to relinquish any interest she may have had in the said sole proprietorship, or in any successors or assigns, and its assets, including without limitation, all vehicles, equipment, real estate, fixtures, accounts receivable, financial accounts, client data, business supplies, advertising space, web addresses, the name "All About Shredding", and all other assets of any kind, except as set forth herein. Except as set forth herein, Husband shall be the owner of all remaining property, if any, of the said business. G. Joint Bank and Charge Accounts All joint bank and charge accounts, credit card accounts and any other joint accounts shall be terminated and each party shall take those steps necessary to have the other removed as a responsible party from any such account. Wife shall retain all of the current balances in her current savings and checking accounts. Husband shall retain all of the current balances in his current savings and checking accounts. Each party shall retain all funds previously withdrawn or used from any account in their individual or joint names. H. Property to Wife The parties agree that wife shall own, possess, and enjoy free from any claims of Husband, the property awarded to her by the terms of this Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband and wife. 5 fn.A c (Ini 'als) (Initials) I. Property to Husband The parties agree that Husband shall own, possess, and enjoy free from any claims of Wife, the property awarded to him by the terms of this Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband. J. Miscellaneous Property All property not specifically addressed herein shall hereafter be owned by the party to whom the property is titled, and if untitled, the party in possession. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from each to the other. K Tax Liability The parties believe and agree that the division of property heretofore made by this Agreement is a non-taxable division of property between co-owners rather than a taxable sale or exchange of such property. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her with respect to any other issue which is inconsistent with the position set forth in the preceding sentence on his or her Federal or State income tax returns. The parties acknowledge that they have filed various joint income tax returns during the course of their marriage. In filing each such return, each party has relied exclusively upon the other party to provide truthful and accurate information relating to the other party's employment income, business income or deductions, or income from any other source. In the event that any additional taxes, penalties or interest are assessed as a result of any joint return, the party responsible for under-reporting income or claiming any improper deduction shall indemnify and save the other party harmless from such tax liability, penalties, interest, attorney fees or a accountant's fees. 9. LIFE INSURANCE: Each party shall continue to own any life insurance policies currently in effect, without restriction as to the designation of beneficiaries. 10. ALIMONY: Both parties mutually waive all support, alimony and maintenance of any kind from the other party. Wife acknowledges and agrees that the provisions of this Agreement providing for the waiver of alimony to her by her Husband are fair, adequate, 6 M. Ig nitials) (Initials) (I and satisfactory to her and are based upon her actual need, her Husband's ability to pay, the duration of the parties' marriage and other relevant factors which have been taken into consideration by the parties. Although the approval of this Agreement by a court of competent j urisdiction in connection with this action in divorce or annulment filed by Husband or Wife shall be deemed an order of the court and may be enforced as provided in 12 Pa. C.S.A. §3701, as amended, this Agreement, insofar as it pertains only to support for Wife and the payment of alimony following the entry of a final Decree in Divorce between the parties, may not be modified, suspended, terminated, or reinstated at the instance of request of the Wife or Husband, or subject to further order of any court upon changed circumstances of the Wife or Husband of a substantial or continuing nature, or for any reason claims by Wife whatsoever. Upon that condition, Wife hereby accepts the provisions of this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that she may now or hereafter have against Husband or her support and maintenance of herself for alimony, and Husband and Wife further voluntarily and intelligently waives and relinquishes any right to seek a modification, suspension, termination, reinstitution, or other court order with respect to the terms of this Agreement pertaining to the payment of support to Wife or the payment of alimony by Husband. Husband acknowledges and agrees that the provisions of this Agreement providing for the waiver of alimony to him by his Wife are fair, adequate, and satisfactory to him and are based upon his actual need, his Wife's ability to pay, the duration of the parties' marriage and other relevant factors which have been taken into consideration by the parties. Although the approval of this Agreement by a court of competent jurisdiction in connection with this action in divorce or annulment filed by Husband or Wife shall be deemed an order of the court and may be enforced as provided in 12 Pa. C.S.A. §3701, as amended, this Agreement, insofar as it pertains only to support for Husband and the payment of alimony following the entry of a final Decree in Divorce between the parties, may not be modified, suspended, terminated, or reinstated at the instance of request of the Wife or Husband, or subject to further order of any court upon changed circumstances of the Wife or Husband of a substantial or continuing nature, or for any reason claims by Wife whatsoever. Upon that condition, Husband hereby accepts the provisions of this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that he may now or hereafter have against Wife for his support and maintenance of himself for alimony, and Husband and Wife further voluntarily and intelligently waives and relinquishes any right to seek a modification, suspension, termination, reinstitution, or other court order with respect to the terms of this Agreement pertaining to the payment of support to Husband or the payment of alimony by Wife. 11. HEALTH INSURANCE Except as may be applicable under Pennsylvania child support guidelines now or hereinafter in effect, neither party shall be obligated to provide or pay for medical or dental insurance for the other party. ti 7 (Initials) (Initials) 12. ALMONY PENDENTE LITE, COUNSEL FEES AND EXPENSES Husband and Wife acknowledge and agree that the provisions of this Agreement providing for the equitable distribution of marital property of the parties are fair, adequate and satisfactory to them. Both parties agree to accept the provisions set forth in this Agreement and lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the o ther for a limony p endent elite, counsel fees or expenses or any other provision for their support and maintenance before, during and after the commencement of the proceedings for divorce or annulment between the parties. Notwithstanding the foregoing, Wife expressly reserves her claims for payment on any arrearages as have accrued prior to the date of execution of this Agreement pursuant to an Order of Court entered by the Domestic Relations Section of Cumberland Count, which are attributable to spousal support or alimony pendente lite, as well as to child support. 13. INCOME TAX RETURNS: The parties shall file separately in 2005 and thereafter. Wife shall be entitled to claim the parties' minor child on her tax returns. 14. WAIVERS OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtsey, statutory allowance, widow's allowance, right to take intestacy, right to take against the will of the other, and right to act as administrator or executor of the other's estate. Each will, at the request of the other, execute, acknowledge and deliver any and all instruments which maybe necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims and both parties will revoke prior wills or testamentary documents. 15. AGREEMENT NOT PREDICATED ON DIVORCE: It is specifically understood and agreed by and between the parties hereto and each of the said parties does hereby warrant and represent to the other, that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non-defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting an action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; nor to prevent either party from defending any such action which has been, may or shall be instituted by the other party, or from making any just or proper defense thereto. It is warranted, covenanted and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant L 8 M, 1?^C (Initials) (Initials) and representation is made for the specific purpose of inducing Husband and Wife to execute this Agreement. Husband and Wife each knowingly and understandingly hereby waives any and all possible claims that this Agreement is, for any reason illegal or for any reason whatsoever, unenforceable in whole or in part. Husband and Wife each do hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever be stopped from asserting any illegality or unenforceability as to all or any part of this Agreement. 16. SUBSEQUENT DIVORCE: Husband at his cost by his counsel has filed an action for divorce under Section 3301(c) and (d) of the Divorce Code. Simultaneously with the execution of this Agreement, both parties will execute Affidavits of consent and Waivers of Notice to enable counsel for Husband to proceed with a no-fault divorce as soon as possible, providing counsel for Wife with a duplicate decree. The parties further agree that each of them shall be responsible for their own attorney's fees. The parties shall be bound by the terms of this Agreement, which shall be incorporated by reference into the Divorce Decree, shall not be merged in such Decree, but shall in all respects survive the same and be further binding as an enforceable contract, conclusive upon the parties. 17. BREACH AND ENFORCEMENT: If either party breaches any provision of this Agreement, the other party shall have the right at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be responsible for payment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. Reasonable interest shall a assessed from the date of breach. A. This Agreement may be specifically enforced by either Husband or Wife in Equity, and the parties hereto agree that if an action to enforce this Agreement is brought in Equity by either party, the other party will make no objection on the alleged ground of lack of jurisdiction of said Court on the ground that there is an adequate remedy at law. The parties do not intend or purport hereby to improperly confer jurisdiction on a Court in Equity by this Agreement, but they agree as provided herein for the forum of equity in mutual recognition of the present state of the law, and in recognition of the general jurisdiction of Courts in Equity over agreement such as this one. B. Notwithstanding anything to the contrary herein, Husband and wife may also proceed with an action at law for redress of his or her rights under the terms of this Agreement, and in such event it is specifically understood and agreed that for and in specific consideration of the other provisions and covenants of this Agreement, each shall ti 9 (Initials) (Initials) waive any right to a jury trial so as to expedite the hearing and disposition of such case and so as to avoid undue delay. C. Each party further hereby agrees to pay and to save and hold harmless the other party from any and all attorney's fees and costs of litigation that either may sustain, or incur or become liable for, in any way whatsoever, or shall pay upon, or in terms or provisions of this Agreement by reason of any terns or provisions of this Agreement by reason of which either party shall be obliged to retain or engage counsel to initiate or maintain o r d efend p roceedings a gainst t he o ther a t l aw o r equity or b orb i n a ny w ay whatsoever, provided that the party who seeks to recover such attorney's fees, and costs of litigation must first be successful in whole or in part, before there would be any liability for attorney's fees and costs of litigation. It is the specific agreement and intent of the parties that a breaching or wrongdoing party shall bear the burden and obligation of any and all costs and expenses and counsel fees incurred by himself or herself as well as the other party in endeavoring to protect and enforce his or her rights under this Agreement. If it is determined by the Court in any action alleging breach of any of the terms of this Agreement that the defending party who did not initiate the enforcement action did not breach this Agreement, then the party initiating the action will be responsible for the reasonable attorney fees and all costs by the defending party. 18. ADDITIONAL INSTRUMENT: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 19. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the distribution and divisions of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by and any court of competent jurisdiction pursuant to 23 Pa. C.S.A. §3501 et. seq. or any other laws. Husband and wife each voluntarily and intelligently waive and relinquish any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. t 10 (Initials) (Initials) 20. DISCLOSURE: Husband and Wife represent and warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which either party has an interest, the sources and amount of the income of such party of every type whatsoever and of all other relevant and material facts relating to the subject matter of this Agreement. 21. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance on any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 22. PRIOR AGREEMENT: It is understood and agreed that any and all property settlement agreements, which may or have been executed prior to the date and time of this Agreement are null and void and have no effect. 23. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They have no effect whatsoever in determining the rights or obligations of the parties. 24. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 25. APPLICABLE LAW: This agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 26. PRESERVATION OF RECORD: Each party will keep and preserve for a period of four (4) years from the date of their Divorce Decree all financial records relating to the marital estate and each party will allow the other party access to those records in the event of tax audits. 2i 11 - M10- L (Initials) (Initials) 27. NOTICE: Any notice to be given under this Agreement by either party to the other shall be in writing and made effective by registered or certified mail, return receipt requested. Notice to Husband will be sufficient if made or addressed to the following: 86 Arnold Road, Cumberland County, Enola, PA 17025, and to Wife if made or addressed to the following: 129 Stanford Court, Cumberland County, Mechanicsburg, PA 17050. Notice shall be deemed to have occurred upon the date received by the recipient. Each party may change the address for notice to him or her by giving notice of that change in accordance with the provisions of this paragraph. 28. DATE OF EXECUTION: The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties sign the Agreement if they do so on the same date, or if not on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. 29. HEADINGS NOT PART OF THE AGREEMENT: Any headings preceding the text of several paragraphs and subparagraphs are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 30. MUTUAL COOPERATION: Each party shall, on demand, execute and deliver to the other any deeds, bills or sale, assignments, consents to change beneficiary designations, tax returns, and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on demand to comply with these provisions, that party shall pay to the other party all attorney's fees, costs, and other expenses actually incurred as a result of such failure. 31. VOID CLAUSES: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 32. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. v 12 ( M,A-? (Initials) (Initials) 33. AGREEMENT NOT TO BE MERGED: This Agreement may be incorporated into a divorce for purposes of enforcement only, but otherwise shall not be merged into said decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or released. IN WITNESS WHEREOF, the parties hereto have set their Hands and Seals the day and year-first above written. ,k?2 ?/ (Seal) `Mk. -bdu fF - C? Y? (Seal) Christophe na Melody A. Co Witness Witness T L 13 ?_ /Yl. A -C (initials) (Initials) COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN ss. BEFORE ME, the undersigned authority, on this /94kday of 2005, personally appeared Christopher B. Cona, known to me to be the per on who executed the foregoing instrument, and who acknowledged to me that he/she executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS/7'I day of t ( 12005. Notanal seal N ry Public in and for the Joann M. Potteiger, Notary Public Commonwealth of Pennsylvania City Of Harrisburg, Dauphin County My Commission Expires July 23, 2006 member, Pennsylvania Association Df Nolenes 14 COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN ss. BEFORE ME, the undersigned authority, on this 41i4day of - /C7 2005, personally appeared Melody A. Cona, known to me to be the perso who executed the foregoing instrument, and who acknowledged to me that he/she executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS g6kday of 17 ' 2005. Notary Public in and for the Commonwealth of Pennsylvania Notarial Seal otary Constance P. Burnt, N Public Susquehanna 1Wp., Dauphin County My Commission Expires Oct. 7A, 2005 15 Debra R. Mehaffie, Esquire I.D. No. 90951 LAW OFFICES OF ROBERT S. MIRIN 2515 N. Front Street Harrisburg, PA 17110 717-909-9900 SUSQUEHANNA@comcast.net CHRISTOPHER B. CONA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, NO. 2002-2576 V. CIVIL ACTION -LAW MELODY ANN CONA, IN DIVORCE Defendant. AFFIDAVIT OF CONSENT A complaint in divorce under §3301(c) of the Divorce Code was filed on May 28, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of Notice of Intention to Request Entry of the Decree. 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: Q) 1 yuS GZ? G?_ - Christopher B. Cona - ;,, .? Debra R. Mehaffie, Esquire I.D. No. 90951 LAW OFFICES OF ROBERT S. MIRIN 2515 N. Front Street Harrisburg, PA 17110 717-909-9900 SUSQUEHANNA@eomeast.net CHRISTOPHER B. CONA Plaintiff, V. MELODY ANN CONA, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-2576 : CIVIL ACTION -LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 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 are made subject to the penalties of IS Pa.C.S. §4904 relating to unworn falsification to authorities. Date: B. Cona t Debra R. Mehaffie, Esquire I.D. No. 90951 LAW OFFICES OF ROBERT S. MIRIN 2515 N. Front Street Harrisburg, PA 17110 717-909-9900 SUSQUEHANNA@eomeast.net CHRISTOPHER B. CONA : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, : NO. 2002-2576 V. CIVIL ACTION - LAW MELODY ANN CONA, : IN DIVORCE Defendant. AFFIDAVIT OF CONSENT May 28, 2002. A complaint in divorce under §3301(c) of the Divorce Code was filed on The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of Notice of Intention to Request Entry of the Decree. 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 unworn falsification to authorities. Date: r r ?J Melody Ann C na Debra R. Mehaffie, Esquire I.D. No. 90951 LAW OFFICES OF ROBERT S. MIRIN 2515 N. Front Street Harrisburg, PA 17110 717-909-9900 SUSQUEHANNA@comcast.net CHRISTOPHER B. CONA : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, NO, 2002-2576 V. CIVIL ACTION - LAW MELODY ANN CONA, : IN DIVORCE Defendant. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 3301(c) OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. 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 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: 04 a " --T)R j L n Melody Ann Co a =,,. M1; t Debra R. Mehaffie, Esquire I.D. No. 90951 LAW OFFICES OF ROBERT S. MIRIN 2515 N. Front Street Harrisburg, PA 17110 717-909-9900 SUSQUEHANNA@eomeast.net CHRISTOPHER B. CONA Plaintiff, V. MELODY ANN CONA, Defendant. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-2576 CIVIL ACTION -LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under §3301(c) of the Divorce Code: 2. Date and manner of service of Complaint: on November 20, 2002 by the Sheriff. 3. Date of execution of the affidavit of consent required by §3301(c) of the Divorce Code: by Plaintiff May 18, 2005; by Defendant May 23, 2005. 4. Related pending claims: none. 5. Date Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: May 25, 2005. _4 Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: May 25, 2005. 6. Plaintiffs Social Security number: 106-68-6612; Defendant's Social Security number: 188-62-4811. Date: May 25, 2005 Debra R. Mehaffie ,. _ , ? Constance P. Brunt, Esquire Supreme Court ID #29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110 (717) 232-7200 CHRISTOPHER B. CONA, V. MELODY A. CONA, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 02-2576, Civil Term IN DIVORCE PRAECIPE TO WITHDRAW DEFENDANT'S PETITION FOR CONTEMPT TO: Curtis Long, Prothonotary Please mark as withdrawn and discontinued the Defendant's Petition For Contempt filed herein on January 12, 2005. DATE: 4-04 CONSTANCE P. BRUNT, ESQUIRE Supreme Court I.D. No. 29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110-3339 (717) 232-7200 Attorney for Defendant CERTIFICATE OF SERVICE I, CONSTANCE P. BRUNT, ESQUIRE, do hereby certify that on the -, S /" day of /1*1? , 2005, 1 served a true and correct copy of the Foregoing Praecipe To Withdraw Defendant's Petition For Contempt, by first class mail, postage prepaid, addressed as follows: Debra R. Mehaffie, Esquire LAW OFFICES OF ROBERT S. MIRIN 2515 North Front Street Harrisburg, PA 17110 Attorneys for Plaintiff CONSTANCE P. BRUNT, ESQUIRE Supreme Court ID# 29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110-3339 (717) 232-7200 Attorney for Defendant ,?? _? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. CHRISTOPHER B. CONA VERSUS MELODY ANN CONA No. 2002 957A DECREE IN DIVORCE AND NOW, V smr- , -Logs, IT IS ORDERED AND DECREED THAT CHRISTOPHER B. CONA AND MELODY ANN CONA ARE DIVORCED FROM THE BONDS OF MATRIMONY. , PLAINTIFF, ,DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The attached Marital Settlement Agreement is incorporated but not merged to the Decree in Divorce. BY THE CQUR J. A7`'t'EST: (/ 4ROTHONOTARY • 50- '?t s