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HomeMy WebLinkAbout07-0195REBECCA S. RUNK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007 - /q? CIVIL TERM LARRY J. RUNK, II, CIVIL ACTION-LAW Defendant 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 action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone: (717) 249-3166 REBECCA S. RUNK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2007 - CIVIL TERM LARRY J. RUNK, II, CIVIL ACTION-LAW Defendant DIVORCE COMPLAINT 1. Plaintiff, Rebecca S. Runk, is an adult individual residing at 42 Clay Road, Carlisle, Cumberland County, Pennsylvania, 17015-9415. 2. Defendant, Larry J. Runk, II, is an adult individual residing at 32 George Brown Road, Millerstown, Perry County, Pennsylvania, 17062-8709. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on April 5, 1992 in Millerstown, Perry County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. The Plaintiff has been advised of the availability of counseling and that she may have the right to request that the court require the parties to participate in counseling. 8. In the alternative to the no-fault grounds, Plaintiff alleges that in violation of his marriage vows, Defendant has over a period, in Cumberland County and other places, offered such indignities to the person of the Plaintiff as to render her condition intolerable and life burdensome. 9. This action in divorce is not conclusive. WHEREFORE, the Plaintiff requests the court to enter a decree of divorce in favor of the Plaintiff and against the Defendant. COUNT II -EQUITABLE DISTRIBUTION 10. Plaintiff hereby incorporates by reference paragraphs 1 through 9 above. 11. The parties have acquired real estate, personal property, including automobiles, bank accounts and other items of miscellaneous property during the course of their marriage, some of which is marital property. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a decree which effects an equitable distribution of marital property. COUNT III - ALIMONY and ALIMONY PENDENTE LITE 12. Plaintiff hereby incorporates by reference paragraphs 1 through 11 above. 13. Plaintiff lacks sufficient property to provide for her reasonable needs in accordance with the standard of living of the parties established during the marriage. 14. Plaintiff is unable to support herself in accordance with the standard of living of the parties established during the marriage through appropriate employment. 15. The Defendant is employed and enjoys a substantial income from which he is able to contribute to the support and maintenance of Plaintiff and to pay her alimony in accordance with the Divorce Code of Pennsylvania. 16. Plaintiff is without sufficient income to support and maintain herself during the pendency of this action. 17. Defendant enjoys a substantial income and is well able to contribute to the support and maintenance of Plaintiff during the course of this action. WHEREFORE, Plaintiff requests that the Court award her alimony and alimony pendente lite. COUNT IV - COUNSEL FEES AND EXPENSES 18. Plaintiff hereby incorporates by reference paragraphs 1 through 18 above. 19. Plaintiff is without sufficient funds to retain counsel to represent her in this matter. 20. Without competent counsel, Plaintiff cannot adequately prosecute her claims against Defendant and cannot adequately litigate her rights in this matter. 21. Defendant enjoys a substantial income and is well able to bear the expense of Plaintiffs attorney and the expenses of this litigation. WHEREFORE, Plaintiff requests your Honorable Court to enter an award of alimony pendente lite and to further award such additional counsel fees, costs and expenses as are deemed appropriate. Respectfully submitted, O'BRIEN, BARIC & SCHERER O?L?6 Michael A. Scherer, Esquire I.D. # 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff i REBECCA S. RUNK, Plaintiff V. LARRY J. RUNK, II, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 200, CIVIL TERM CIVIL ACTION-LAW VERIFICATION I verify that the statements made in this Divorce Complaint 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. Date: December 2006 Ax_zL_w Rebecca S. Runk Q N .zz ril -? rr ,,ABom & LITULAKIS Jason P. Kutulakis, Esquire Atty 1. D. #: 80411 36 South Hanover Street Carlisle, PA 17013 REBECCA S. RUNK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. NO. 2007-195 CIVIL TERM LARRY J. RUNK, II, CIVIL ACTION - LAW Defendant IN DIVORCE DEFENDANT'S AN MR AND O INTFRC'I AIM TOP AINTIFF'S DIVORCE OM I AINT AND NOW this 1" day of February, 2007, comes the Defendant, Larry J. Runk, II, by and through his undersigned counsel, Jason P. Kutulakis, of Abom & Kutulakis, L.L.P., and respectfully sets forth the following Answer to Plaintij's Divorce Complaint and avers the following: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Denied. It is specifically denied that the marriage is irretrievably broken. Defendant believes that Plaintiff is an alcoholic and currently without treatment. Defendant also believes that Plaintiff suffers from untreated mental disorder issues. Defendant believes that the marriage can be preserved if Plaintiff receives appropriate counseling and treatment. Defendant denies that Section 3301(c) is the only ground applicable for divorce under the Pennsylvania Divorce Code. 7. Denied. Defendant is unable to answer to what Plaintiff has been advised of regarding the issue of the availability of counseling for herself or that Plaintiff can request counseling by the Court for both parties. 8. Denied. It is denied that Defendant has, over a period, in Cumberland County and other places, offered such indignities to the Plaintiff as to render her condition intolerable and life burdensome. 9. Admitted. 10. No Answer is required. 11. Admitted in part and denied in part. The Defendant does admit that the parties have acquired property that is subject to equitable distribution; however he denies that this list is conclusive. 12. No Answer is required. 2 13. Denied. It is denied that Plaintiff lacks sufficient property to provide for her reasonable needs in accordance with the standard of living that was established by the parties during their marriage. 14. Denied. It is denied that Plaintiff is unable to support herself in accordance with the standard of living that was established by the parties during their marriage. Plaintiff was employed prior to the marriage and up through the first nine (9) months of marriage, until Plaintiff decided to enroll at Harrisburg Area Community College (HACC). Plaintiff initially enrolled to be a registered nurse. Then Plaintiff met a gentleman who is employed at the Hershey Medical Center as a lab technician. Thereafter plaintiff caused her graduation date to be extended as she changed her curriculum to lab technician. By way of further answer, Defendant has experienced financial losses in his business in 2005 and 2006. Furthermore, Defendant has a serious heart condition which requires approximately $500 in monthly medications. Defendant has three herniated disks which require treatment but cannot be treated due to his heart condition. 15. Admitted in part and denied in part. It is admitted that Defendant is employed; however, it is denied that Defendant enjoys a substantial income that would allow him to contribute to the support and maintenance of the Plaintiff. By way of further answer, it is further denied that Defendant is 3 i able to pay the Plaintiff alimony in accordance with the Divorce Code of Pennsylvania. 16. Denied. It is denied that Plaintiff is unable to support and maintain herself during the pendency of this action. 17. Denied. It is denied that Defendant enjoys a substantial income and is well able to contribute to the support and maintenance of Plaintiff during the course of this pending action. 18. No Answer is required. 19. Denied. It is denied that Plaintiff is without sufficient funds to retain counsel to represent herself in this pending action. By way of further answer, Plaintiff was previously represented by Pro Bono Counsel. 20. Admitted in part and denied in part. It is admitted that without competent counsel Plaintiff cannot represent herself; however, it is vigorously denied that Plaintiff is unable to find competent counsel in which to represent her within her means since she has retained the law firm of O'Brien, Baric & Scherer to represent her in this pending action. By way of further answer, Plaintiff was previously represented by Pro Bono Counsel. 21. Denied. It is denied that Defendant enjoys a substantial income and is well able to bear the expense of Plaintiffs attorney and the expenses of this pending action. 4 22. The Answers in paragraphs one (1) through twenty-one (21) are herein incorporated by reference. 23. Defendant is seeking a fault-based divorce pursuant to the provision of the Pennsylvania Divorce Code, §3301(a) in that: a. Defendant believes and therefore avers that Plaintiff offered such indignities to the innocent and injured Defendant spouse as to render the Defendant spouse's condition intolerable and life burdensome. 24. It is believed and therefore averred that Plaintiff verbally and emotional abused Defendant. For example, two days after Defendant's heart surgery, Plaintiff punched Defendant in his chest. 25. It is believed and therefore averred that Plaintiff continues to do so, even though she is no longer residing in the marital home, by using their minor children as a means for such abuse. Plaintiff refuses to permit any contact whatsoever between Defendant and his two children. Defendant has not been permitted any contact with the children since October 2006. 26. It is believed and therefore averred that Plaintiff has a drinking problem. 27. It is believed and therefore averred that Plaintiff suffers from bi-polar disorder. 5 28. It is believed and therefore averred that the family physician, Dr. Robert Michelini, believes that Plaintiff self-medicates herself with alcohol as a way to medicate herself for the bi-polar disorder. 29. Dr. Albert Hook, of Hershey Medical Center, has provided counseling to Plaintiff and Defendant. Dr. Hook provided a consistent opinion with Dr. Michelin. WHEREFORE, the Defendant prays that This Honorable Court find the Plaintiff at fault and to enter a Decree of Divorce under §3301(a) of the Pennsylvania Divorce Code in his favor. Respectfully submitted, DATE I j ABOM & KUTULA"S, L.L.P. *J?asnnu akis Supreme Court ID 80411 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for Defendant G I, LARRY J. RUNK, II, verify that the statements made in my Answer and Counterclaim to Plaintiffs Divorce Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ? 4904 relating to unsworn falsification to authorities. Date - ?? q-1-2P LARRY J. RUNK, II 7 AND NOW, this 1" day of February, 2007, I, Jason P. Kutulakis, Esquire, of Abom & Kutulakis, L.L.P, hereby certify that I did serve a true and correct copy of the foregoing Defendant's Answer and Counterclaim to Plaintiff's Divorce Complaint, by depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to the following: Michael Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, PA 17013 Attorney for Defendant Respectfully submitted, Abom & Kutulakrs, L.L.P. Jafon P. Kutulakis Supreme Court ID 80411 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney forPlaintf 8 f? C:) rT-l ioJ --jo rv -< or 's REBECCA S. RUNK, Plaintiff V. LARRY J. RUNK, 11, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-195 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE PETITION FOR ALIMONY PENDENTE LITE AND NOW, comes Michael A. Scherer, Esquire, Attorney for the Plaintiff, Rebecca S. Runk and respectfully represents as follows: 1. On or about January 11, 2007, Rebecca S. Runk filed a Complaint For Divorce raising a request for the payment of alimony pendente lite. 2. The Plaintiff would like a hearing scheduled relative to her request at this time. Respectfully submitted, Date: Z+0-1 O'BRIEN, BARIC & SCHERER Michael A. S herer, Esquire I.D. 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 mas.dir/domestic/runk/alimonypendentelite.pet .. CERTIFICATE OF SERVICE hereby certify that on February , 2007, I, Jennifer S. Lindsay, secretary to Michael A. Scherer, Esquire, did serve a copy of the Petition For Alimony Pendente Lite, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Jason P. Kutulakis, Esquire Abom & Kutulakis 36 South Hanover Street Carlisle, Pennsylvania 17013 !' ? r? - Y'- - -:? C'"i ? ? -""? r-" . `? ? t ?;i ?; '.? ; ?+ " -,- ; ? ;? .?_' t. ('''`. ?? {?..) .ill REBECCA S. RUNK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. NO. 2007-195 CIVIL TERM LARRY J. RUNK, II, CIVIL ACTION - LAW Defendant IN DIVORCE ACCEPTANCE OF SERVICE AND NOW, this 31St day of January, 2007, I, Jason P. Kutulakis, Esquire, attorney for Larry J. Runk, II, accept service of the Divorce Complaint in the above-captioned case. h,?C P. Kutulakis ? ,-, '? ?; =r? C ?-?' .--? (' :"'S ;"7't ?? ?'? ' ' ;- t ti _; t-? ? C.-+ REBECCA S. RUNK, THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 07-195 CIVIL TERM LARRY J. RUNK, H, IN DIVORCE Defendant/Respondent PACSES CASE NO: 895108976 ORDER OF COURT AND NOW, this 20th day of February, 2007, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J. Shaddav on March 15, 2007 at 10:30 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11© (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you. If you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, Edgar B. Bayley, President Judge Copies mailed to: Petitioner Respondent Michael A. Scherer, Esq. Jason P. Kutulakis, Esq. Date of Order: Februaa 20, 2007 v ' R. J. S dday, Conference Officer YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 S r? REBECCA S. RUNK, THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 07-195 CIVIL TERM LARRY J. RUNK, II, IN DIVORCE Defendant/Respondent PACSES CASE NO: 895108976 ORDER OF COURT AND NOW, this 29th day of March, 2007, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J. Shadday on April 23, 2007 at 9:00 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11© (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you. If you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, Edgar B. Bayley, President Judge Copies mailed to: Petitioner Respondent Michael A. Scherer, Esq. Jason P. Kutulakis, Esq. Date of Order: March 29, 2007 + ...it 4-r J. S day, o erence Officer YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 ? C? c ? ?' C_? `? S f ? .`.?.?..a 1 ?? ? ,. 1M ? w .r )f+???...% L.«} _Y (+,. ? ? }??i .?' ? ? -?' „?,?? ABom & KftuLAKis Jason P. Kutulakis, Esquire Atty 1. D. #: 80411 36 South Hanover Street Carlisle, PA 17013 REBECCA S. RUNK, Plaintiff V. LARRY J. RUNK, II, Defendant :IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 2007-195 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE TO THE HONORABLE JUDGES OF SAID COURT: MOTION TO DISMISS PLAINTIFFS' PETITION FOR ALIMONY PENDENTE LITE AND NOW, this 4 t day of April 2007, comes the Defendant, by and through his counsel, Jason P. Kutulakis, Esquire, of Abom & Kutulakis, LLP, and respectfully moves this Honorable Court to Dismiss and Strike Plaintiff's Motion for Alimony Pendente Lite, and in support thereof avers the following: 1. On or about February 8, 2007, Plaintiff filed a Petition for Alimony Pendente Lite. 2. Defendant has been under the care and treatment of Dr. Robert Michilini. 3. On April 18, 2007, Dr. Michilini executed the Physician's Request wherein he indicated the Defendant is disabled and is not expected to return to work. 4. It is believed and therefore averred that as a consequence, Plaintiff is not entitled to Alimony Pendente Lite. WHEREFORE, Defendant prays this Honorable Court to Dismiss the Plaintiff's Petition for Alimony Pendente Lite. Respectfully submitted, I a Cc?c lZ Date: r i Z0 ?? - Jason P. Kutulakis, Eseri 36 South Hanover StrCarlisle, PA 17013 (717) 249-0900 Attorney ID No. 80411 CERTIFICATE OF SERVICE AND NOW, I, Jason P. Kutulakis, Esquire of ABOM & KUTULAKIS, LLP, hereby certify that I did serve or cause to be served a true and correct copy of the foregoing document via first class mail, postage prepaid addressed as follows: Michael ?S'cherer, Esquire 01BHe4 B4ic & Scherer 19 West South Sb-eet Cc rE* PA 17013 DATE i `T 2-V 0 ? ` t? ? ? -r _ ? ?ra u ; ,;T` :? p , _ , ??', .:.,: ? ?- ? ?? -- _:? ,? ABOM & KtftULAKIS Jason P. Kutulakis, Esquire Atty I.D. #: 80411 36 South Hanover Street Carlisle, PA 17013 REBECCA S. RUNK, Plaintiff V. LARRY J. RUNK, II, Defendant :IN THE COURT OF COMMON PLEAS . CUMBERLAND COUNTY, PA : NO. 2007-195 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE TO THE HONORABLE JUDGES OF SAID COURT: MOTION FOR LEAVE TO AMEND DEFENDANT'S COUNTERCLAIM IN DIVORCE - TO ADD ADDITIONAL FAULT GROUND 1. On or about January 11, 2007 the Plaintiff in the above-captioned matter filed a Complaint in Divorce. 2. On February 2, 2007 the above-captioned Defendant filed Defendant's Answer and Counterclaim to Plaintiff's Divorce Complaint. 3. Defendant's Answer contained a Counterclaim which set forth grounds for Fault-based divorce pursuant to the Pennsylvania Divorce Code Section 3301(a). 4. Since the filing of the Divorce, Defendant has learned of information which gives rise to additional fault-based grounds for adultery. 5. Defendant seeks to amend his Counterclaim for Divorce to add a Count based upon Adultery pursuant to the Pennsylvania Divorce Code 3.301(a) (2). WHEREFORE, it is respectfully prayed that this Honorable Court grant Defendant's request for Leave to Amend his Counterclaim against the Plaintiff. Respectfully submitted, ABOM & KUTULAKIS, LLP Date: fly Jason P. Kutulakis E ' e 36 South Hanover eet Carlisle, PA 17013 (717) 249-0900 Attorney ID No. 80411 CERTIFICATE OF SERVICE AND NOW, I, Jason P. Kutulakis, Esquire of ABOM & KUTULAKIS, LLP, hereby certify that I did serve or cause to be served a true and correct copy of the foregoing document via first class mail, postage prepaid addressed as follows: Michael Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, PA 17013 DATE Jason P. Kutulakis, s /? ^j r'J " L :7 -TI t?71 `? C:j REBECCA S. RUNK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 07-195 CIVIL LARRY J. RUNK, II, Defendant IN DIVORCE IN RE: MOTION FOR LEAVE TO AMEND DEFENDANT'S COUNTERCLAIM IN DIVORCE - TO ADD ADDITIONAL FAULT GROUND ORDER AND NOW, this 2 S' day of April, 2007, a rule is issued on the plaintiff to show cause why the relief requested in the within motion ought not to be granted. This rule returnable twenty (20) days after service. BY THE COURT, Kevin A/Hess, J. ,??? =?Or 01 :11 Wd SZ M LQOZ 3HI do 4 REBECCA S. RUNK, Plaintiff/Petitioner VS. LARRY J. RUNK, II, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 07-195 CIVIL TERM IN DIVORCE PACSES Case Number 895108976 ORDER OF COURT AND NOW, this 26th day of April, 2007, based upon the Court's determination that Petitioner's monthly net income/earning capacity is $0 and Respondent's monthly net income/earning capacity is $3034.35, it is hereby Ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit, $656.00 per month payable as follows: $606.00 per month for alimony pendente lite and $50.00 per month on arrears. First payment due: within 10 days in the amount of $606.00. Arrears set at $1610.47 as of April 26, 2007. The effective date of the order is February 9, 2007. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa.C.S.§ 3703. Further, if the Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and its discretion make an appropriate Order, including, but not limited to, commitment of the Respondent to prison for a period not to exceed six months. Said money to be turned over by the PA SCDU to: Rebecca S. Runk. Payments must be made by check or money order. All checks and money orders must be made payable to PA SCDU and mailed to: PA SCDU P.O. Box 69110 Harrisburg, PA 17106-9110 Payments must include the Respondent's PACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. cc360 The monthly support obligation includes cash medical support in the amount of $250.00 annually for unreimbursed medical expenses incurred for each spouse. Unreimbursed medical expenses of the oblige that exceeds $250.00 annually shall be allocated between the parties. The party seeking allocation of unreimbursed medical expenses must provide documentation of expenses to the other party no later than March 31St of the year following the calendar year in which the final medical bill to be allocated was received. The unreimbursed medical expenses are to be paid as follows: 0% by Respondent and 100% by Petitioner. (X) Respondent () Petitioner () Neither party to provide medical insurance coverage. Within thirty (30) days after the entry of this Order, the (X) Respondent () Petitioner shall submit written proof that medical insurance coverage has been obtained or that application for coverage has been made. Proof of coverage shall consist, at minimum, of. 1) the name of the health care coverage provider(s); 2) any applicable identification numbers; 3) any cards evidencing coverage; 4) the address to which claims should be made; 5) a description of any restrictions on usage, such as prior approval for hospital admissions, and the manner of obtaining approval; 6) a copy of the benefit booklet or coverage contract; 7) a description of all deductibles and co-payments; and 8) five copies of any claim forms. The Respondent is to make a payment of $606.00 within ten (10) days of this date and is to be made payable to PA SCDU, P.O. Box 69110, Harrisburg, PA 17106-9110. Thereafter, the Order is to be paid on or before the 10th day of each month with the additional sum of $50.00 per month for the retroactive arrears. This Order shall become final twenty (20) after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Prothonotary for a hearing de novo before the Court. Consented: Petitioner Respondent Petitioner's Attorney Respondent's Attorney BY THE COURT, Kev' . Hess, J. Mailed copies on: Auril 27, 2007 to: Petitioner Respondent Michael A. Scherer, Esq. Jason P. Kutulakis, Esq. DRO: R.J. Shadday rv ? - r rV r; f'F'7 a ? ! "? REBEC vs. LARRY are or( DOMES'. before JUNE ? You at Service n the Court of Common Pleas of CUMBERLAND County, P nnsylvania DOMESTIC RELATIONS SECTION ?A S. RUNK ) Docket Number 07-195 CIVIL Plaintiff ) PACKS Case Number 895108976 J. RUNK II ) Defendant ) Other State ID Number i ORDER OF COURT You, REBECCA S. RUNK plaintiff/d fendant of lered to appear at DOMESTIC RELATIONS HEARING RM i 'IC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-30 4-13 a hearing officer of the Domestic Relations Section, on the :, 2007 at 8: 3 0AM for a hearing. e further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as Filed, 2. your pay stubs for the preceding six (6) months, 3. the Income Statement and the appropriate Expense Statement, if required, attach to this order, completed as required by Rule 1910.11 (c). 4. verification of child care expenses, and 5. proof of medical coverage which you may have, or may have available to you 6. information relating to professional licenses 7. other: o rm CM-509 Rev. 1 F ype M orker ID 21302 ? k RUNK V. RUNK PACSES Case N If you fail to appear for the conference/hearing or to bring the requin court may issue a warrant for your arrest and/or enter an interim support ord an issue, the court shall enter an order establishing paternity. THE APPROPRIATE COURT OFFICER MAY ENTER AN O EITHER PARTY BASED UPON THE EVIDENCE PRESENTED WITHO 895108976 documents, the . If paternity is AGAINST REGARD TO WHICH PARTY INITIATED THE SUPPORT ACTION. BY THE COURT: Date of Order: S__:3 -v-1 JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE-HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGE? OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A RED1 FEE. CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is comply with the Americans with Disabilities Act of 1990. For informati( facilities and reasonable accommodations available to disabled individua before the court, please contact our office at: (717) 240-6225 . All am made at least 72 hours prior to any hearing or business before the court. Y scheduled hearing. Service Type M Page 2 of 2 CE MAY BE THAT MAY FEE OR NO required by law to ,n about accessible s having business ngements must be ou must attend the CM-509 Rev. 1 ;r ID 21302 C"'1 REBEC( VS. LARRY are ora DOMES9 before JUNE 4 You ar Service " i the Court of Common Fleas of CUMBERLAND County, ennsylvania DOMESTIC RELATIONS SECTION .A S. RUNK ) Docket Number 0 7-195 CIVIL Plaintiff ) PACSES Case Number 8 95108976 J. RUNK II ) Defendant ) Other State ID Number ORDER OF COURT You, LARRY J. RUNK II plaintiff/d fendant of ered to appear at DOMESTIC RELATIONS HEARING RM 'IC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-30 4-13 a hearing officer of the Domestic Relations Section, on the , 2007 at 8:3OAM for a hearing. e further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as f led, 2. your pay stubs for the preceding six (6) months, 3. the Income Statement and the appropriate Expense Statement, if required, attache d to this order, completed as required by Rule 1910.11 (c). 4. verification of child care expenses, and 5. proof of medical coverage which you may have, or may have available to you 6. information relating to professional licenses 7. other: Fo CM-509 Rev. 1 'ype m W o ker ID 213 02 RUNK V • RUNK PACSES Case If you fail to appear for the conference/hearing or to bring the requ court may issue a warrant for your arrest and/or enter an interim support an issue, the court shall enter an order establishing paternity. THE APPROPRIATE COURT OFFICER MAY ENTER AN 0 EITHER PARTY BASED UPON THE EVIDENCE PRESENTED WITHOI TO WHICH PARTY INITIATED THE SUPPORT ACTION. BY THE COURT: Date of Order: E 1-91 895108976 documents, the . If paternity is AGAINST REGARD JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE-HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS O ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENC] OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUC FEE. CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is comply with the Americans with Disabilities Act of 1990. For informatio facilities and reasonable accommodations available to disabled individual before the court, please contact our office at: (717) 2 4 0 - 6 2 2 s . All arra made at least 72 hours prior to any hearing or business before the court. Y scheduled hearing. Service Type M Page 2 of 2 CE MAY BE THAT MAY FEE OR NO Iuired by law to about accessible having business ;ements must be . must attend the CM-509 Rev. I ;r ID 21302 0 C:' o 'st `' - Xr? -n m Y co REBECCA S. RUNK, Plaintiff V. LARRY J. RUNK, II, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-195 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE MOTION TO QUASH SUBPOENA 1. Rebecca S. Runk ("Mother'), is represented in this action by Michael A. Scherer, Esquire. 2. Larry J. Runk, II ("Father'), is represented in this action by Jason P. Kutulakis, Esquire. 3. Father caused the children who are the subject of this case to be subpoenaed to the emergency custody hearing on Wednesday, August 15, 2007 at 2:30 p.m. 4. The children are Sarah Runk, born February 20, 1993 and Larry J. Runk, III, born July 4, 1994. 5. The children should not be involved in an emergency custody hearing as it is not a full hearing on the merits. 6. Sarah Runk is being treated for an eating disorder and her doctor and therapist do not believe she should testify. See attached "Exhibit A." 7. Father is not considering the best interest of the children in subpoenaing them to the hearing. 8. Father's counsel refuses to withdraw the subpoenas despite Dr. Levine and Dr. Gershenson's opinions. WHEREFORE, Mother requests this Honorable Court quash the subpoenas issued to the children. Respectfully submitted, O'BRIEN, BARIC & SCHERER Mi el A. Scherer, Esquire I.D. 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 mas.dirldomesticirunklquashsubpoena.mot 43 AEI PENNSTATE IUton S. Hershey Medical Center College of Medlchiee August 14, 2007 RE; Sarah Runk D.O.B. 2/20/1993 P, 10- ,002' Eating Disorders Progrmn 905 W. Governor Road, Suite 250 Hershey, PA 17033 Phone (717) 531-7235 Fax (717) 531-0067 It is the opinion of her treatment team that Sarah Runk should not be asked to testify for or agaix?st either of her parents, or brought into any dispute between her parents. To ask her to take sides or favor one parent over the other would place an undue stress on. Sarah. Her history and present status suggest that this type of stress would be uniquely distressing and potentially damagiXig to Sarah. Sarah has a history recurrent major depressive episodes and eating disorder behaviors. She has a well-documented history of responding to stress with restricted eating, purging (self- induced vomiting), self mutilation (cutting), threatening suicide, and attempting suicide. Sarah entered treatment with the Eating Disorders Program in September 2004. She has had four inpatient psychiatric admissions, the first in September 2004 for her eating disorder. In October 2004, April 2005, and May of 2006 Sarah was admitted for worseuiug of symptoms -- including suicidal thoughts and intent. She has improved since this time, but continues to struggle with depression and eating disorder behaviors. As part of her treatment team we are highly concerned that she could relapse or regress under significant stress. It is our opinion that to become f u-ther involved in the conflict between her parents by testifying would place undue pressure and stress on this child. For Sarah's well-being it is our recommendation that she not be asked to testify in proceedings involving her parents. Sincerely, 6?f;z Richard L. Levine, M.D. Professor of Pediatrics and Psychiatry Chief, Division of Adolescent Me icine and Eating Disorders Barbara A. Oershenson, Ph.D. Licensed Clinical Psychologist "EXHIBIT A" . , CERTIFICATE OF SERVICE I hereby certify that on August 14, 2007, I, Jennifer S. Lindsay, secretary to Michael A. Scherer, Esquire, did serve a copy of the Motion To Quash Subpoena, via facsimile to the party listed below, as follows: (717) 249-3344 Jason P. Kutulakis, Esquire Abom & Kutulakis 36 South Hanover Street Carlisle, Pennsylvania 17013 (77) j (? ni F= i i ° s ti '+r OM & KUTULAKIS Jason P. Kutulakis, Esquire Atty I.D. #: 80411 36 South Hanover Street Carlisle, PA 17013 REBECCA S. RUNK, Plaintiff V. LARRY J. RUNK, II, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 2007-195 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE OBJECTIONS TO SUBPOENA FOR CARLISLE TIRE & WHEEL 1099s ISSUED TO BILL'S MECHANICAL AND WELDING day of August, 2007, comes Defendant, Larry J. Runk, II, by and through AND NOW, this 4- his counsel, Jason P. Kutulakis, Esquire, of Abom & Kutulakis, LLP, and files the within objections to the proposed Subpoena that is attached to these objections for the following reasons: 1. The parties were married on April 5, 1992. 2. The parties fully executed a Prenuptial Agreement on April 1, 1992. A copy of said Prenuptial Agreement is attached hereto as Exhibit A. 3. The property at issue in the attached Subpoena is located at 500 East North Street, Carlisle, Pennsylvania. This property was purchased by Defendant's business known as Bill's Welding Shop. 4. Paragraph 3 of Exhibit A to the Prenuptial Agreement indicates that the property situated in the Borough of Carlisle known as Bill's Welding Shop is precluded as marital property. 5. It is believed and therefore averred that the sought after discovery through issuance of the Subpoena is irrelevant and intended to be burdensome and harassing in nature and will not lead to any admissible discovery. WHEREFORE, Defendant objects to the issuance of the Subpoena. Respectfully submitted, Date: ABOM & KUTULAKIS, LLP Jas n P. Kutulakis, Esquire 36 outh Hanover Street Carlisle, PA 17013 (717) 249-0900 ID #80411 CERTIFICATE OF SERVICE AND NOW, this day of August, 2007, I, Jason P. Kutulakis, Esquire of ABOM & KUTULAKIS, LLP, hereby certify that I did serve or cause to be served a true and correct copy of the foregoing OBJECTIONS TO SUBPOENA PURSUANT TO 4009.21 by First Class U.S. Mail addressed to the following: Michael A. Scherer, Esquire 19 West South Street Carlisle, PA 17013 P. Kutulakis -n -Ti REBECCA S. RUNK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 07-195 CIVIL LARRY J. RUNK, II, Defendant IN DIVORCE IN RE: OBJECTIONS TO SUBPOENA ORDER AND NOW, this Z I ` day of August, 2007, a brief argument on the within objections to subpoena is set for Thursday, August 30, 2007, at 4:00 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, 'x/', /`/ Kevin A.Hess, J. Michael Scherer, Esquire For the Plaintiff /son Kutulakis, Esqui For the Defendant :rlm k :Z d (,V L09Z AOL REBECCA S. RUNK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 07-195 CIVIL LARRY J. RUNK, II, Defendant IN DIVORCE IN RE: OBJECTIONS TO SUBPOENA ORDER AND NOW, this z 4 ` day of August, 2007, argument on the within objections to subpoena set for August 30, 2007, is continued to Thursday, October 4, 2007, at 2:00 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, Michael Scherer, Esquire For the Plaintiff vJ'rason Kutulakis, Esquire For the Defendant Am V v NNIAIASN?r 4'1-4 10 0 Wd R OAV LOOZ KdViQNu"H. GU 3HI 30 371:11. ``: --CI3`{!3 -I REBECCA S. RUNK, Plaintiff V. LARRY J. RUNK, II, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 07-195 IN DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of Larry Runk, the Defendant in this matter: Joseph D. Buckley, Esquire Supreme Court I. D. # 38444 1237 Holly Pike Carlisle, PA 17013 (717) 249-2448 Thank you. Date: January 31, 2008 C c? rr* V rn n5 -arn 4. _: "a , rn ; A `"w CERTIFICATE OF SERVICE I, Joseph D. Buckley, Esquire, do hereby verify that I have served a copy of the foregoing Praecipe For Entry Of Appearance upon the persons indicated below, which service satisfies the requirement of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, first-class postage prepaid as follows: Jason P. Kutulakis, Esquire Abom & Kutulakis, LLP 36 S. Hanover Street Carlisle, PA 17013 Michael Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, PA 17013 c: Date: L C) ? -rt IS , ` fn -"' _ REBECCA S. RUNK, Plaintiff V. LARRY J. RUNK, II, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-195 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE PETITION TO COMPEL DISCOVERY AND NOW, comes Michael A. Scherer, Esquire, Attorney for the Plaintiff, Rebecca S. Runk and respectfully represents as follows: 1. Rebecca S. Runk (hereinafter "Wife") is an adult individual who resides with her parents and her two children at 42 Clay Road, Carlisle, Pennsylvania 17015. 2. Larry J. Runk, II is an adult individual who resides at 32 George Brown Road, Millerstown, Perry County, Pennsylvania, 17062-8709. 3. On or about January 11, 2007, Wife filed a Complaint For Divorce raising a claim for equitable distribution martial property, alimony, counsel fees, costs and expenses. 4. The parties were married on April 5, 1992 and have been separated since October 21, 2005, when mother moved herself and the children from the marital residence to mother's parents house. 5. Wife would like to conclude the divorce and economic issues at this time but husband is in possession and control of certain assets which need evaluated in order to identify the value of marital and non-marital property. 6. Undersigned counsel wrote to husband's counsel, Joseph Buckley, Esquire, on April 13, 2009 requesting that the parties began the process of evaluating the marital and non-marital property in this case. 7. Attorney Buckley replied that his client needed more time prior to engaging in this process. 8. On August 27, 2009, undersigned counsel wrote to attorney Buckley again and renewed the request that discovery commence. Attorney Buckley did not reply to undersigned counsel following this inquiry. 9. Wife is statutorily entitled to a divorce at this time and the economic issues must be resolved in connection with the divorce. 10. The marital and non-marital property is required to be evaluated in order to resolve the economic issues. 11. The Honorable Kevin A. Hess has previously issued an Order in this matter.. WHEREFORE, Wife respectfully requests that this Honorable Court issue a Rule upon husband directing him to show cause why the following relief should not be ordered: 1. That husband give access to a real estate appraiser to the real estate and improvements thereon for the purposes of obtaining a real estate appraisal for the following properties, which are either in husband's name alone or in the joint names of the parties: a. 32 George Brown Road, Millerstown, Pennsylvania, 17062-8709; b. 500 E. North Street, Carlisle, Pennsylvania; c. 254 E. North Street, Carlisle, Pennsylvania; d. cabin located on Dever Hollow Road, Millerstown, Pennsylvania. 2. That husband furnish bank payoffs for any mortgages against the properties listed in paragraph 1. above. 3. That husband make available to an appraiser or other experienced person wife chooses to inspect and appraise the parties' power boat. 4. That husband identify and release information regarding any banking or investment account in his name or the names of he and others. 5. That husband allow an appraiser access to the marital residence located at 32 George Brown Road, Millerstown, Pennsylvania , 254 E. North Street, Carlisle and 500 E. North Street, Carlisle, for the purpose of appraising all personal property, tools and vehicles at those locations, including garages and outbuildings at all locations. 6. That husband furnish his 2008 income tax return to Wife. Respectfully submitted, O'BRIEN, BARIC & SCHERER Date: 0 h Michael A. Scherer, Esquire I.D. 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 mas.dirldomesticlrunklalimonypendentelite.pet VERIFICATION I verify that the statements made in the foregoing Petition to Compel Discovery 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. Date: I C- ate - Uq ?a??JLk Rebecca S. Runk CERTIFICATE OF SERVICE hereby certify that on October , 2009, 1, Andrea M. Ramos, secretary to Michael A. Scherer, Esquire, did serve a copy of the Petition to Compel Discovery, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Joseph D. Buckley, Esquire 1237 Holly Pike Carlisle, Pennsylvania 17013 Andrea M. Ra os MARY 2 0 0 9 CCo T .20 F :? ?: ? ? I, REBECCA S. RUNK, Plaintiff V. LARRY J. RUNK, II, Defendant hUV U 4 LUUy4?; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-195 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE ORDER OF COURT AND NOW, this day of Rbv , 2009, upon consideration of the attached Petition to Compel Discovery, a Rule is issued upon Defendant to show cause, if any there be, why the relief requested in the Petition to Compel Discovery should not be granted. Said Rule returnable within days of service. BY THE COURT, Michael A. Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, Pennsylvania 17013 Joseph D. Buckley, Esquire 1237 Holly Pike Carlisle, Pennsylvania 17013 Caries: FILED-0,?: lCF OF THc PR07HOINIMARY 2009 NOV -3 AH 11:29 4; REBECCA S. RUNK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 07-195 CIVIL LARRY J. RUNK, II, Defendant IN DIVORCE IN RE: PETITION TO COMPEL DISCOVERY ORDER AND NOW, this 9 day of November, 2009, our order of November 3, 2009, is amended to reflect that the rule issued shall be returnable twenty (20) days after service. ./Michael Scherer, Esquire For the Plaintiff .4'o'seph Buckley, Esquire For the Defendant :rlm BY THE COURT, RLEG-C?FiCC THE PIP. IT ,W)TAPY 2009 PLOY 10 Fir 1 '. 4 4 REBECCA S. RUNK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2007-195 CIVIL TERM 0 ? o -OW LARRY J. RUNK, 11, CIVIL ACTION-LAW ? Defendant IN DIVORCE v? ? cn PETITION TO MAKE RULE ABSO Mrs ? LUTE . ' . c.a AND NOW, comes Michael A. Scherer, Esquire, Attorney for the Plaintiff, Rebecca S. Runk and respectfully represents as follows: 1. Rebecca S. Runk (hereinafter "Wife") is an adult individual who resides with her parents and her two children at 42 Clay Road, Carlisle, Pennsylvania 17015. 2. Larry J. Runk, II is an adult individual who resides at 32 George Brown Road, Millerstown, Perry County, Pennsylvania, 17062-8709. 3. On or about January 11, 2007, Wife filed a Complaint For Divorce raising a claim for equitable distribution martial property, alimony, counsel fees, costs and expenses. 4. The parties were married on April 5, 1992 and have been separated since October 21, 2005, when mother moved herself and the children from the marital residence to mother's parents house. 5. Husband is represented by Joseph Buckley, Esquire. 6. On or about November 2, 2009, undersigned counsel filed a petition to compel discovery, seeking a Court Order to permit real estate appraisals, an appraisal of personal property and to compel Husband to furnish certain documents. 7. On November 3, 2009, this Honorable Court issued a rule on Husband to show cause why the discovery should not be allowed/furnished. 8. On November 17, 2009, undersigned counsel served the Rule on Joseph Buckley, Esquire. 9. Husband has not replied to the Rule. 10. Wife hereby requests that the Rule be made absolute. 11. The Honorable Kevin A. Hess has previously issued an Order in this matter. WHEREFORE, Wife respectfully requests that this Honorable Court enter an Order as follows: 1. That husband give access to a real estate appraiser to the real estate and improvements thereon for the purposes of obtaining a real estate appraisal for the following properties, which are either in husband's name alone or in the joint names of the parties: a. 32 George Brown Road, Millerstown, Pennsylvania; b. 500 East North Street, Carlisle, Pennsylvania; C. 254 East North Street, Carlisle, Pennsylvania; d. cabin located on Dever Hollow Road, Millerstown, Pennsylvania. 2. That husband furnish bank payoffs for any mortgages against the properties listed in paragraph 1. above. 3. That husband make available to an appraiser or other experienced person wife chooses to inspect and appraise the parties' power boat. 4. That husband identify and release information regarding any banking or investment account in his name or the names of he and others. 5. That husband allow an appraiser access to the marital residence located at 32 George Brown Road, Millerstown, Pennsylvania , 254 E. North Street, Carlisle and 500 E. North Street, Carlisle, for the purpose of appraising all personal property, tools and vehicles at those locations, including garages and outbuildings at all locations. 6. That husband furnish his 2008 income tax return to Wife. Respectfully submitted, BARIC SCHERER Date: Mi el A. S herer, Esquire I.D. 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 mas.dir/domestic/runk/ru leabsolute.pet CERTIFICATE OF SERVICE I hereby certify that on February V 2010, I, Andrea M. Ramos, secretary to Michael A. Scherer, Esquire, did serve a copy of the Petition To Make Rule Absolute, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Joseph D. Buckley, Esquire 1237 Holly Pike Carlisle, Pennsylvania 17013 L LLA , 44 Andr M. Ramos FEB 0 8 2010 REBECCA S. RUNK, IN THE COURT OF COMMON PLEAS F p q Plaintiff CUMBERLAND COUNTY, PENNSY ,NI/R V. NO. 2007-195 CIVIL TERM ` LARRY J. RUNK, II, CIVIL ACTION-LAW rrn Defendant IN DIVORCE A •- a ORDER OF COURT AND NOW, this r day of & , 2010, upon consideration of the attached Petition, the Rule issued in this case on November 3, 2009 to compel discovery, is hereby made ABSOLUTE. IT IS HEREBY ORDERED THAT: 1. Husband shall give a real estate appraiser selected by Wife access to the real estate and improvements thereon for the purposes of obtaining a real estate appraisal for the following properties, which are either in husband's name alone or in the joint names of the parties: a. 32 George Brown Road, Millerstown, Pennsylvania; b. 500 East North Street, Carlisle, Pennsylvania; C. 254 East North Street, Carlisle, Pennsylvania; d. cabin located on Dever Hollow Road, Millerstown, Pennsylvania. 2. Husband shall furnish bank payoffs for any mortgages against the properties listed in paragraph 1. above within twenty days hereof. 3. Husband shall make available to an appraiser or other experienced person wife chooses to inspect and appraise the parties' power boat. 4. Husband shall identify and release information to Wife regarding any banking or investment account in his name or the names of he and others within twenty days hereof. 5. Husband shall allow an appraiser access to the marital residence located at 32 George Brown Road, Millerstown, Pennsylvania , 254 East North Street, Carlisle and 500 East North Street, Carlisle, for the purpose of appraising all personal property, tools and vehicles at those locations, including garages and outbuildings at all locations. 6. Husband shall furnish his 2008 income tax return to Wife within twenty days hereof. ichael A. Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, Pennsylvania 17013 Joseph D. Buckley, Esquire 1237 Holly Pike Carlisle, Pennsylvania 17013 eo??ES rA?aLLCCL I a f 4 /10 BY THE COURT, REBECCA S. RUNK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2007-195 CIVIL TERM LARRY J. RUNK, II, CIVIL ACTION-LAW Defendant IN DIVORCE -?? .ll i'' --c MOTION FOR APPOINTMENT OF MASTER -rz T..1 ?- 4..'.,- V Rebecca S. Runk, moves the court to appoint a master with r Oct tg Plaintiff ?.l , the following claims: (x) Divorce (x) Distribution of Property Suppor(10 Annulment O ` () Alimony () Counsel Fees () Alimony Pendente Lite () Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims for which the appointment of a master is requested. (2) The Defendant, Larry J. Runk, II, is represented by Joseph D. Buckley, Esquire in this matter. (3) The statutory grounds for divorce are: 3301(c) (4) The action is contested with respect to the following claims: divorce and equitable distribution (5) The action does involve complex issues of law or fact. (6) The hearing is expected to take one (1) day. (7) Additional information, if any relevant to the motion: not applicable DATE: May 13, 2010 1A Mic a I cherer, Esquire ORDER APPOINTING MASTER AND NOW, this day of , 2010, E. Robert Elicker, II, Esquire is appointed master with respect to the following claims: divorce and equitable distribution. BY THE COURT, J. Y REBECCA S. RUNK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2007-195 CIVIL TERM LARRY J. RUNK, II, CIVIL ACTION-LAW Defendant IN DIVORCE `77 MOTION FOR APPOINTMENT OF MASTER Plaintiff, Rebecca S. Runk, moves the court to appoint a master with r-'*ect t? c`M1 the following claims: (x) Divorce (x) Distribution of Property -c? vj () Annulment () Support O Alimony O Counsel Fees () Alimony Pendente Lite () Costs and Expenses Um and in support of the motion states: (1) Discovery is complete as to the claims for which the appointment of a master is requested. (2) The Defendant, Larry J. Runk, II, is represented by Joseph D. Buckley, Esquire in this matter. (3) The statutory grounds for divorce are: 3301(c) (4) The action is contested with respect to the following claims: divorce and equitable distribution (5) The action does involve complex issues of law or fact. (6) The hearing is expected to take one (1) day. (7) Additional information, if any relevant to the motion: not applicable DATE: May 13, 2010 1/ II414-1--l Mic 1 cherer, Esquire ORDER APPOINTING MASTER AND NOW, this / ??4 day of 1?'l , 2010, E. Robert Elicker, II, Esquire is appointed master with respect to th following claims: divorce and equitable distribution. BY THE COURT, n 2 y % J. Sl! 2`? REBECCA S. RUNK, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 07-195 CIVIL TERM LARRY J. RUNK, II, IN DIVORCE Defendant/Respondent PACSES CASE: 895108976 ORDER OF COURT AND NOW to wit, this 13th day of August, 2010, it is hereby Ordered that the Order for Alimony Pendente Lite in the amount of $150.00 per month, is terminated, without prejudice, effective June 22, 2010, pursuant to the parties' incomes and the Respondent's child support obligation for the parties' two children. The credit balance in the amount of -$196.75 is directed to the child support account under PACSES Case #064108971 The Respondent is to maintain medical insurance coverage on the Petitioner until the Petitioner can obtain and maintain coverage for herself at a reasonable cost. This Order shall become final twenty (20) days after the mailing of the notices of the entry of the Order to the parties unless either party files a written demand with the Office of the Prothonotary for a hearing de novo before the Court. BY THE COURT: Edward E: Guido, J. DRO: R.J. Shadday >?_•'''' xc: Petitioner o) Respondent 7 r 1 1 f.- , f a° Samuel L. Andes, Esq l 1 Hubert X. Gilroy, Esq. F Service Type: M Form OE-001 Worker: 21005 T FILED-OFFICE -OFFICE (? Hojlgrt rte 2010 DEC -9 4M 8. C6 CUMBERLAND CQU,,,1-y PENNSYLVANIA REBECCA S. RUNK, Plaintiff V. LARRY J. RUNK, II, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2007 -195 CIVIL TERM IN DIVORCE DEFENDANT'S MARRIAGE COUNSELING AFFIDAVIT The defendant, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: L)- - 'J - to LARRY J. RUNK, II Defendant f lL?.l?- F=,CE C`;= THE' PRO I H0?"O 2014 DEC -9 AM 8: C 6 CUMBERLAND COUNT-,, PENNSYLVANIA REBECCA S. RUNK, Plaintiff V. LARRY J. RUNK, II, Defendant IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2007 -195 CIVIL TERM IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on January 11, 2007. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. I consent to the entry of a final decree in divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. ?_ Date: I ?- WLJJ x -J 14 -?41 REBECCA S. RUNK Plaintiff FILED-OEEICE OF THE °PDTHCN'0T'O., 1010 DEC -9 AM 8: e6 CUMBERLAND 0 0l1[;I ,lr PENNSYLVANIA REBECCA S. RUNK, Plaintiff V. LARRY J. RUNK, II, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2007 -195 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: t Z=` `? 1L} t N' LARRY J. RUNK, II Plaintiff ii OF 1 HELP D -OFFICE 2010 DEC -9 AM 8: P CUMBERLAND COUNTY PENNSYt.V N!A REBECCA S. RUNK, Plaintiff V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2007 -195 CIVIL TERM LARRY J. RUNK, II, Defendant IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on January 11, 2007. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. I consent to the entry of a final decree in divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Date: LARRY J. RUNK, II Defendant FILED-OFFICE CF THE PROTHONOTAP'' 21310 DEC -9 AM 8: 06 CUMBERLAND COUNTY PENNSYLVANIA REBECCA S. RUNK, Plaintiff V. LARRY J. RUNK, II, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2007 -195 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: 0 ?edxeL10 REBECCA S. RUNK Defendant REBECCA S. RUNK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVAN IAt VS. NO. 07 - 195 CIVIL - Ca ? M? LARRY J. RUNK, II, x p -,r-- : Defendant IN DIVORCE -(A --or, ca ORDER OF COURT zb 3 j, Z , C) M t -q -•C trr AND NOW, this L-30 day of ,(/ , 2011, counsel and the parties having entered into an agreement and stipulation resolving the economic issues on March 29, 2011, the date set for a Master's hearing, the agreement and stipulation having been transcribed and signed by the parties, the appointment of the Master is vacated and counsel can conclude the proceedings by the filing of a praecipe to transmit the record with the affidavits of consent and waivers of the parties so that a final decree in divorce can be entered. BY THE COURT, cc: ? Michael A. Scherer Attorney for Plaintiff Marcus A. McKnight, III Attorney for Defendant ieA M • fed REBECCA S. RUNK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 07 - 195 CIVIL LARRY J. RUNK, II, Defendant IN DIVORCE THE MASTER: Today is Tuesday, March 29, 2011. This is the date set for a Master's hearing in the above-captioned divorce proceedings. Present in the hearing room are the Plaintiff, Rebecca S. Runk, and her counsel Michael A. Scherer, and the Defendant, Larry J. Runk, II, and his counsel Marcus A. McKnight, III. This action was commenced by the filing of a complaint in divorce on January 11, 2007, raising grounds for divorce of irretrievable breakdown of the marriage. With respect to grounds for divorce, both parties have signed affidavits of consent and waivers of notice of intention to request entry of divorce decree on December 3, 2010. The affidavits and waivers were filed by the Master's office with the Prothonotary on December 9, 2010. The divorce can, therefore, conclude under Section 3301(c) of the Domestic Relations Code. The complaint in divorce also raised economic issues of equitable distribution, alimony, alimony pendente lite, and counsel fees and expenses. Mr. Runk filed a counterclaim to the divorce 1 complaint on February 2, 2007. The counterclaim did not address specifically any economic issues that have been previously raised in the complaint. The Master has been advised that after discussion and negotiations, the parties have reached an agreement with respect to the economic issues. The agreement is going to be placed on the record in the presence of the parties. The agreement as placed on the record will be considered the substantive agreement of the parties, not subject to any changes or modifications except for correction of typographical errors which may be made during the transcription. Therefore, when the parties leave the hearing room today, even though there is no signing of the agreement, they are bound by the terms of the agreement. However, the parties are going to be asked to return later today to review the agreement for typographical errors, make any correction of typographical errors, if any, and then sign the agreement affirming the terms of settlement as stated on the record. The Master, upon receipt of the completed agreement will prepare an order vacating his appointment and counsel can then file a praceipe transmitting the record to the Court requesting a final decree in divorce. The parties were married on April 5, 1992, and separated October 21, 2005. The parties are the natural 2 parents of two children; the younger child is living with the mother and the older child is emancipated. Mr. Scherer. MR. SCHERER: Thank you. 1. Wife withdraws her claim for alimony. 2. Wife withdraws her claim for counsel fees, costs, and expenses. 3. The items of the possession of and the items of possession of the property. Neither property which is tangible personal property presently in wife shall become wife's personal property tangible personal property presently in the husband shall become husband's personal party shall make a claim to any personal in the other parties' possession. The parties have discussed the possibility that husband does have certain items of wife's that he will return. 4. Husband will pay wife $160,000.00 for her claim for equitable distribution. Husband shall pay wife $35,000.00 towards this sum within thirty (30) days of today's date. Husband shall pay the balance of $125,000.00 to wife by December 31, 2011. Husband's obligation to pay wife under this paragraph shall be secured by a judgment note prepared by wife's counsel which memorializes husband's obligation to pay wife under this paragraph. The judgment note may be recorded by wife with any Prothonotary she chooses. In the event that the sum owed by husband to wife under this paragraph is not paid in full by December 31, 2011, interest shall accrue on the balance thereafter at the :Legal rate and wife shall be entitled to be reimbursed for collection costs and counsel fees. Husband may elect to sell 254 East North Street, Carlisle, Pennsylvania, a cabin in Millerstown and/or a boat which the parties own. To the extent husband sells any of these assets, he shall apply any proceeds therefrom first to the obligation to pay wife under this paragraph. 5. Neither party has any lien obligating the other party and will indemnify them from any debt or lien that they have incurred since the date of separation. 6. 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 3 future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. MR. SCHERER: Would you identify yourself, please, for the record? MS. RUNK: My name is Rebecca Sue Runk. MR. SCHERER: And you've been present this morning for the dictation of the agreement between you and Larry; is that correct? MS. RUNK: Yes, I have. MR. SCHERER: And were you able to hear it? MS. RUNK: Yes, and I understand it. MR. SCHERER: Okay. That was my next question. You understand that if we had not reached that agreement, that you had the right to have Mr. Elicker conduct a hearing and have him make a decision on your case? MS. RUNK: Yes. I understand that. MR. SCHERER: And do you think it is in your best interest to enter into this agreement this morning? MS. RUNK: Yes, I do. MR. SCHERER: And knowing that, it is your desire to enter into the agreement? 4 MS. RUNK: Yes. THE MASTER: Do you understand that when you leave the hearing room that you are bound by the agreement even though it hasn't been signed? MS. RUNK: Yes. MR. McKNIGHT: Would you state your full name for the record? MR. RUNK: Larry James Runk, II. MR. McKNIGHT: And we have been here since 9:00 a.m. and it is now a quarter to eleven and we have negotiated the terms of this settlement, you were a party to that and you have heard the terms; is that correct? MR. RUNK: Yes. MR. McKNIGHT: Are you willing to accept these terms and abide by those? MR. RUNK: Yes. MR. McKNIGHT: And you feel this settlement is in your best interest? MR. RUNK: Yes. MR. McKNIGHT: And you are satisfied with your representation by myself at this hearing? MR. RUNK: Yes. THE MASTER: And you understand, Mr. Runk, as I asked your wife, that when you leave the room today you are bound by the agreement? 5 MR. RUNK: I understand that. THE MASTER: Thank you. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: A'd J/J 14 Mi ha 1 Scherer Attorne for Plaintiff DATE: 3.2?• ? ? Rebecca S. Runk Y /?l .6 r- If 411 a cus A. cKnight, III A torney f Tr Defendant 6 REBECCA S. RUNK, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 2007 - 195 CIVIL TERM LARRY J. RUNK, II, Defendant IN DIVORCE _ rnGo z -0r r -<> w n r o ? PRAECIPE FOR WITHDRAWAL OF APPEARANCE , s To the Prothonotary: xo > C03 z=- .- t'i't Please withdraw my appearance on behalf of the defendant, LARRY J. RUNK?11,-?m thF above captioned case. submitted, By: J634K D. Buckley' s-q. 1237 Holly Pike Carlisle, Pennsylvania 17013 Date: ? y 3 o 2,&0 REBECCA S. RUNK, : IN THE COURT OF COMMON PLEAS OF C, Plaintiff c-, C:; -*M CUMBERLAND COUNTY, PENNSjV;0iI,?=-n r"rn © ' ? V. aO CIVIL ACTION -LAW ? ' 2007 -195 CIVIL TERM r v = n LARRY J. RUNK, II, o . Defendant IN DIVORCE 'y PRAECIPE FOR WITHDRAWAL OF APPEARANCE To the Prothonotary: Please withdraw my appearance on behalf of the defendant, LARRY J. RUNK, II, in the above captioned case. Respectfully submitted, By: Jas P. Kutulakis, Esq. 2 W t High Street Carlisle, Pennsylvania 17013 Date:' ' O? REBECCA S. RUNK, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 2007 -195 CIVIL TERM LARRY J. RUNK, II, Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Jason P. Kutulakis, Esq., hereby certify that a copy of attached Praecipe for Withdrawal of Appearance was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Marcus A. McKnight, III, Esq. Irwin & McKnight, P.C. 60 West Pomfret Street Carlisle, PA 17013 Respectfully submitted, By: P. Kutulakis, Esq. High Street e, Pennsylvania 17013 Date: Z -J/ -// REBECCA S. RUNK, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYL VANIA v. C" CIVIL ACTION - LAW c N o n -t ' ? ? a = rn 2007 -195 CIVIL TER11q? r LARRY J. RUNK, II, .<> w o 0 Defendant IN DIVORCE Zt--- . =-n za 0 s acs C-- ca o CERTIFICATE OF SERVICE I, Joseph D. Buckley, Esquire, hereby certify that a copy of attached Praecipe for Withdrawal of Appearance was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Marcus A. McKnight, III, Esq. Irwin & McKnight, P.C. 60 West Pomfret Street Carlisle, PA 17013 submitted, Joseph D. Bucl ey, Esq. 1237 Holly Pike Carlisle, Pennsylvania 17013 Date: 3' 3 1 - f REBECCA S. RUNK, Plaintiff Vs. LARRY J. RUNK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2007-195 IN DIVORCE Cl) -O 3 r*t? x? t-? sa• PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: -r, N ru s r- -urn MM xrn C:)-n Z: C:) rn Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Acceptance of Service was signed on January 31, 2007 by Jason P. Kutulakis, Esquire 3. (complete either paragraph (a) or (b).) A. Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by Plaintiff on March 29, 2011; and Defendant on December 3, 2010. B. (1) date of execution of the Plaintiffs Affidavit required by Section 3301(d) of the Divorce Code: N/A (2) date of service of the Plaintiffs Affidavit upon the Defendant: N/A 4. Related claims pending: Parties Marital Settlement Agreement dated March 29, 2011 is incorporated but not merged herein as a final order of court. 5. Indicate date and manner of service of the notice of intention to file praecipe to transmit record, and attach a copy of said notice under section 3301(d)(1)(i) of the Divorce Code: None served as the parties signed the Waiver of Notice. Defendant on December 3, 2010 and Plaintiff on March 29, 2011. Respectfully submitted, Micha A. c erer, Esquire IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA REBECCA S. RUNK V. LARRY J. RUNK No. 2007-195 DIVORCE DECREE AND NOW, 11 2 0 f , it is ordered and decreed that REBECCA S. RUNK plaintiff, and LARRY J. RUNK , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") Parties Marital Settlement Agreement dated March 29, 2011 is incorporated but not merged herein as a final order of court. By the Court, - W4oe ? Copy ry,c c46 atbq REBECCA S. RUNK, Plaintiff V. LARRY J. RUNK, II, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-195 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE ORDER OF COURT AND NOW, this 2 7' day of March, 2012, upon consideration of the attached Petition To Enforce Marital Settlement Agreement, a Rule is issued upon Larry N J. Runk, II, to show cause, if any there be, why the relief requested in the Petition should not be granted. SAID RULE RETURNABLE within twenty days of service upon counsel for husband. c z e Cd, CL, _, J.J a ? Michael A. Scherer, Esquire Baric Scherer LLC 19 West South Street Carlisle, Pennsylvania 17013 Marcus McKnight, Esquire Irwin & McKnight 60 West Pomfret Street Carlisle, Pennsylvania 17013°' ,ew c, BY THE COURT, FILr_[1-(lr r 1'G- ,_0s- s `1 K, "' k' C?LAY lJk,A[N THE COURT OF COMMON PLEAS OF REBECCA S. RUN Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 2007 - 195 CIVIL TERM LARRY J. RUNK, II, Defendant IN DIVORCE NOTICE TO PLEAD TO: REBECCA S. RUNK, Defendant and her attorney, Michael A. Scherer, Esq. Baric Scherer LLC 19 West South Street Carlisle, PA 17013 YOU ARE HEREBY NOTIFIED that you must responsively plead to the within Answer to Petition Enforce Marital Settlement Agreement with New Matter pursuant to Pa. R.C.P. 2252(d) within twenty (20) days after service, or a default judgment may be entered against you. By: IRWIN & McKNIGHT, P.C. McyAft III, Esquire 60 Wesk Pomfr tVtreet Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Supreme Court ID. No. 25476 Attorney for Defendant Date: April 26, 2012 REBECCA S. RUNK, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 2007 - 195 CIVIL TERM LARRY J. RUNK, II, Defendant IN DIVORCE ANSWER TO PETITION TO ENFORCE MARITAL SETTLEMENT AGREEMEN WITH NEW MATTER AND NOW comes the Defendant, Larry J. Runk, II, by and through his attorneys, Irwin & McKnight, P.C., and makes the following Answer to Petition to Enforce Marital Settlement Agreement filed by the Plaintiff, Rebecca S. Runk, as follows: 1. The Averments of Fact contained in Paragraph One (1) of the Petition are admitted. 2. The Averments of Fact contained in Paragraph Two (2) of the Petition are admitted. 3. The Averments of Fact contained in Paragraph Three (3) of the Petition are admitted. 4. The Averments of Fact contained in Paragraph Four (4) of the Petition are admitted. 5. The Averments of Fact contained in Paragraph Five (5) of the Petition are admitted in part and denied in part. The Averments of facts contained in paragraph 4 regarding the Marital Settlement Agreement are admitted. It is denied that Defendant agreed to place a lien on all his properties or to sell anything other than 254 East North Street, Carlisle, PA, a cabin near Millerstown, and a boat owned by the parties. 6. The Averments of Fact contained in Paragraph Six (6) of the Petition are admitted. 7. The Averments of Fact contained in Paragraph Seven (7) of the Petition are admitted in part and denied in part. It is admitted that the $7,000.00 was not paid as soon as was initially promised. It is denied that the Defendant has not been attempting to raise the money necessary to pay Plaintiff. 8. The Averments of Fact contained in Paragraph Eight (8) of the Petition are admitted. 9. The Averments of Fact contained in Paragraph Nine (9) of the Petition are admitted in part and denied in part. It is admitted that counsel has discussed the payment of the balance due. The Defendant is attempting to sell the assets specified in the Agreement, but the economic conditions and his health have had an impact on the funds he has been able to raise. 10. The Averments of Fact contained in Paragraph Ten (10) of the Petition are admitted in part and denied in part. It is admitted that counsel sent a letter on November 14, 2011. It is denied that the Defendant has failed to honor the Agreement. The Defendant did make a payment on December 30, 2011, and is prepared to pay interest on the balance due of 6% per annum until the balance is paid. 11. The Averments of Fact contained in Paragraph Eleven (11) of the Petition are admitted in part and denied in part. It is admitted that the Defendant owes the Plaintiff the sum of $125,000.00 plus interest at the legal rate of 6% per annum since January 1, 2012. It is specifically denied that there are any costs to be paid by the Defendant. 12. The Averments of Fact contained in Paragraph Twelve (12) of the Petition are admitted in part and denied in part. It is admitted that the Defendant owns four (4) separate real estate properties. It is denied that the Defendant is able to secure a mortgage on any of them since due to serious back injuries and heart difficulties, he is unable.to perform gainful employment. 13. The Averments of Fact contained in Paragraph Thirteen (13) of the Petition are admitted in part and denied in part. It is admitted that Defendant owns 500 East North Street, Carlisle, which is a commercial property. It is denied that he is able to secure a mortgage on the property since he does now have sufficient income to pay a mortgage. 14. The Averments of Fact contained in Paragraph Fourteen (14) of the Petition are admitted. WHEREFORE, the Defendant, Larry J. Runk, 11, respectfully requests that this Honorable Court dismiss the Petition to Enforce Marital Settlement Agreement and award the Defendant reasonable costs and attorney fees, and such other and further relief as this Court deems just. NEW MATTER AND NOW comes the Defendant, Larry J. Runk, Il, by and through his attorneys, Irwin & McKnight, P.C., and makes the following New Matter against the Plaintiff, Rebecca S. Runk: 15. The averments of fact contained in the Answers to Plaintiff's Petition to Enforce Marital Settlement Agreement One (1) through Fourteen (14) are incorporated by reference and are made a part of this New Matter. 16. Since the settlement was reached by the parties, the Defendant's health has declined and he is no longer able to engage in his welding and fabrication business. 17. The Defendant has been actively seeking to sell the assets pledged to be sold as well as other assets. He believes that the Plaintiff will be paid the balance she is owed with interest on or before December 31, 2012. 18. The relief sought by the Plaintiff is not realistic since the Defendant cannot secure a mortgage without income. Commercial real estate is selling very slowly if it can be sold at all. WHEREFORE, the Defendant, Larry J. Runk, 11, respectfully requests that this Honorable Court dismiss the Petition to Enforce Marital Settlement Agreement and award the Defendant reasonable costs and attorney fees, and such other and further relief as this Court deems just if a hearing is required. Respectfully submitted, IRWIN & )*KNIGMT, P.C. By: Marcus X. Mc night, , Esquire Supreme Court 6 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Attorney for the Defendant Date: April 26, 2012 VERIFICATION The foregoing document is based upon information which has been gathered by my counsel and me in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to autl Date: q- 2-6 , 2012 REBECCA S. RUNK, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 2007 - 195 CIVIL TERM LARRY J. RUNK, II, Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached document was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Michael A. Scherer, Esq. Baric Scherer, LLC 19 West South Street Carlisle, PA 17013 IRWIN & McKNIGHT, P.C. By: Marcus A. cK 'ght III, Esquire 60 West Pomfret Stre Carlisle, PA 1701 (717) 249-2353 Supreme Court I.D. No. 25476 Date: April 26, 2012 (01 REBECCA S. RUNK, Plaintiff V. LARRY J. RUNK, II, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-195 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE ORDER OF COURT AND NOW, this l? day of Yt-e-- , 2012, upon consideration of the attached Petition To Schedule Hearing, a hearing is set in this matter for the <r? day of , 209, at I0 a.m.r in ,30 . e 61 Courtroom No. _ of the Cumberland County Courthouse, Carlisle, Pennsylvania. ?Michael A. Scherer, Esquire Baric Scherer LLC 19 West South Street Carlisle, Pennsylvania 17013 Marcus McKnight, Esquire Irwin & McKnight 60 West Pomfret Street Carlisle, Pennsylvania 17013 I-ed 4111)_ )e'K t BY THE COURT, REBECCA S. RUNK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 07-195 CIVIL LARRY J. RUNK, II, ; Defendant IN DIVORCE IN RE: PETITION TO ENFORCE ORDER AND NOW, this 17 t day of July, 2012, hearing in the above-captioned matter set for July 18, 2012, is continued to Wednesday, August 15, 2012, at 10:30 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, 141 Kevin A ess, J. c C= T ' ? Michael Scherer, Esquire z c r- For the Plaintiff ,z„rr-- '_ r a c-, v Marcus McKnight, III, Esquire A C-) a• '' co For the Defendant t t= A T r :rlm ?..r 69p; es ",/Pd '7// 31' f T REBECCA S. RUNK, Plaintiff V . LARRY J. RUNK, II, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2007-0195 CIVIL TERM IN DIVORCE IN RE: PETITION TO ENFORCE MARITAL SETTLEMENT AGREEMENT ORDER OF COURT AND NOW, this 15th day of August, 2012, this matter having been called for hearing on the plaintiff's Petition to Enforce Marital Settlement Agreement, and on agreement o the parties, IT IS HEREBY ORDERED AND DECREED THAT: 1. Judgment is entered in favor of Rebecca S. Runk and against Larry J. Runk, II, in the amount of $125,000.00 2. The judgment set forth in paragraph one of this order shall accrue interest at 6% per annum beginning January 1, 2012, until paid in full. 3. Marcus McKnight, Esquire, is directed to communicate all Social Security Administration decisions regarding the disability claim of Larry J. Runk, II, to Michael A. Scherer, Esquire, and there shall be no distribution of Social Security Disability Benefits to La J. Runk, II, without further order of this court. 4. A to Z Tax Services, Inc., 321 Second Street, New Cumberland, Pennsylvania, is hereby directed to release Larry J. Runk's, II, federal income tax return, including all schedules and 1099's, to Michael A. Scherer, Esquire, within thirty days of the date of this order. 5. Members 1st Credit Union and Orrstown Bank, N.A., shall release to Michael A. Scherer, Esquire, within thirty days of the date of this order any and all customer ~ ~- r NO. 207-0195 CIVIL TERM information in their possession regarding Larry J. Runk, II, of 32 George Brown Road, Millerstown Pennsylvania, 17062. This order is entered without prejudice to the plaintiff to seek an order of court directing payment by t defendant of her counsel fees. By the Court, ~/~ Hess, P.J. sf Michael A. Scherer, Esquire For the Plaintiff ~ Marcus McKnight, Esquire For the Defendant :bg i ~S lit. ~ ~l'PG~ ~~/lt f /~ c~°~ -~ ~~ ss ~ ~ :}~ .. ~ w -,~ -.1 T, t-~ -- Y '' --~ c ~~ ~~ _ _ __ '~, REBECCA S. RUNK, IN THE COURT OF COMMON PLEAS OF t ~~~ Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA I, I v. NO. 2007-195 CIVIL TERM ', I' LARRY J. RUNK, II, CIVIL ACTION-LAW ~ Defendant IN DIVORCE i 1 ', PRAECIPE TO THE PROTHONOTARY: Kindly enter judgment for the Plaintiff, Rebecca S. Runk against the Defendant, ~~,' Larry J. Runk, II for $125,000.00 pursuant to the August 15, 2012 Court Order signed l n id this case. ~ ~_.~-~ Respectfully submitted,-~ ~~-" :U ::::. BARK SCHERER LLC ~~~ ~ w ..c~' ,~; ~'_ ~~ c ~~-f~_ _ ~ Mic ael A. Scherer, Esquire ~~- I.D. # 61974 Date: August 21, 2012 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 i /~ -Sa~~~ ~/ z~ /~' ash .~ 7 ~ >~-