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Home My WebLink About02-4937 SANDRA A. WOODWARD, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CNIL ACTION - LAW : NO. 61- 4137 ~~ WAYNE F. WOODWARD, Defendant : IN DNORCE 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 Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013-3387. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DNISION OF PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DNORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 800-990-9108 NOTICIA Le han demandado a usted en la corte. Si usted qui ere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion ypor cualquierqueja 0 alivio que es pedido en la peticion do demanda. U sted puede perder dinero 0 sus propiedades 0 otros derechos importanates para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE P AGAR TAL SERVICIO, VA Y A EN PERSONA 0 LLAME POR TELFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 800-990-9108 SANDRA A. WOODWARD, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff/Respondent v. WAYNE F. WOODWARD, CIVIL ACTION - DIVORCE NO. 202-4987 CIVIL TERM IN DIVORCE en P ACSES# 081107203 o 0.... (:':::0 .co "~J,... " ~:'1~"";;::: ::(f)m ~, :.~O ~.::~;-)o ~':::J .,., :.!...i::! , '" "',fl1 ~ Defendant/Petitioner ~ w <.n ".. :x: 1.':-, f! . c:::> ~ NOTICE OF APPEAL AND NOW. comes Sandra A. Woodward by and through her attorneys, Wix, Wenger & Weidner, and files this Notice of Appeal of the Order of Court from the 22nd of June, 2005. The Respondent appeals the Order of the Court and requests a de novo hearing regarding her appeal. Date: July 6, 2005 R squire Attorneys for Sandra A. Woodward SANDRA A. WOODWARD, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff/Respondent v. : CIVIL ACTION. DIVORCE WAYNE F. WOODWARD, NO. 202-4987 CIVIL TERM IN DIVORCE DefendanVPetitioner PACSES# 081107203 CERTIFICATE OF SERVICE I hereby certify that the foregoing Notice of Appeal was sent by certified mail this day to the following: Cindy S. Conley, Esquire Howell, Kissinger & Conley, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 WIX, WENGER ,Il.. WEIDNER Date: July 6, 2005 -::'C :'.."t r... c'<f:, Cl: <' s; ~ ~ e ,-- I 0"' ~ ~~ -om% -n c:>( ~::;i 0.0 /.~rn :'2t ~-:;. ~ -0 ::l" ;e- .. - rv - SANDRA A. WOODWARD, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL V ANlA CNIL ACTION - LAW v. NO. 0";" - t..{Cf3'7 WAYNEF. WOODWARD, Defendant : IN DNORCE COMPLAINT IN DIVORCE UNDER SECTIONS 3301(c) AND 3301(d) OF THE DIVORCE CODE AND NOW comes the above Plaintiff, Sandra A. Woodward, by her attorney, Cara A. Boyanowksi, Attorney at Law, and seeks to obtain a decree in divorce from the above-named Defendant, upon the grounds hereinafter set forth: I. The Plaintiff, Sandra A. Woodward, is an adult individual who resides at 1424 Y orktowne Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. The Defendant, Wayne F. Woodward, is an adult individual who resides at Apartment #101,4182 Elk Court, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. The Plaintiffhas been a bona fide resident ofthe Commonwealth of Pennsylvania for at least six (6) months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on November 22, 1980, in Mechanicsburg, Cumberland County, Pennsylvania. 5. The Plaintiff and Defendant are both citizens of the United States of America. 6. There have been no prior actions in divorce between the parties. 7. The Plaintiff and Defendant are not members of the Armed Services of the United States or any of its allies. 8. Plaintiffhas been advised ofthe availability of counseling and that she may have the right to request that the Court require the parties to participate in counseling. 9. The causes of action and sections of Divorce Code under which Plaintiff is proceeding are: A. Section 3301(c). The marriage ofthe parties is irretrievably broken. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an Affidavit. B. Section 3301(d). The marriage of the parties is irretrievably broken. The Plaintiff and Defendant separated on September 30, 2002. WHEREFORE, the Plaintiff prays your Honorable Court to enter a Decree in Divorce from the bonds of matrimony. I verifY that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. 94904 relating to unsworn falsification to authorities. By: ~k4 ~J~/~ 0/ Sandra A. Woodward, Plaintiff Date: /O/7/o~ . , ~ B Cara A. Boyanow i, Esquire Attorney No. 68736 1029 Scenery Drive Harrisburg, P A 17109 (717) 657-4795 Attorney for Plaintiff ~~) .~T' ~ ~ cN" ~ ~. ""i'<- ~ -, C) --. =0 V'r "'" c- ---- ~ R~ (\ c2~ -, DO r 'S'- .. 'cf' ~- ......,; n'tl'! ;-_:~ t. - ~~~'.'.. <C!-) pi~; ~~ "'- (') f:" 'J:?'- C:-::) "') -, t::'.. K:~ .r:- ::n -, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA SANDRA A. WOODWARD, Plaintiff v. ) ) NO. 02-4937 ) ) ) ) CNIL ACTION - LAW ) IN DNORCE WAYNE F. WOODWARD, Defendant PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the undersigned on behalf of the defendant, WAYNE F. WOODWARD. Date: I oD ec.. 03 Cindy S. Con , Esquire HOWETT, SSINGER & 130 Walnut Street P. O. Box 810 Harrisburg, P A 17108 Telephone: (717) 234-2616 Counsel for Wayne F. Woodward g 0 ~ w 0 ,~ !gJ '-" ,..~~ :!'J n i .'1,...- I ::;~ ~ w :J{ ~CS " ~~-r. i~ :J;: ';:5i!] -:;;.- ~ ~5m ;g .C- :n Co.) -<: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. ) ) NO. 02-4937 ) ) ) ) CIVIL ACTION - LAW ) IN DIVORCE SANDRA A. WOODWARD, Plaintiff WAYNEF. WOODWARD, Defendant CERTIFICATE OF SERVICE I, Cindy S. Conley, Esquire, counsel for Wayne F. Woodward, Defendant in the above- captioned action, hereby certify that a true and correct copy of the foregoing Praecipe to Enter Appearance was served upon Cara A. Boyanowski, Esquire, counsel for Plaintiff Sandra A. Woodward, by depositing same in the United States mail, first class, on December 1, 2003, addressed as follows: Cara A. Boyanowski DALEY LAW OFFICES 1029 Scenery Drive Harrisburg, PA 17109 Date: I J9.bC () 3 ~ Q ~ W 0 .-, ~a; fTl :r::n ("') rn L z~ I ""C,lm W '''g CI)..;. () ~..:. " .,...D -0 .'Y-: :Ii 18 ::x '-'j ca b~ c: ~ ~ ~ , w -< SANDRA A. WOODWARD, Plaintiff IN THE COUR1" OF COMMON PLEAS CUMBERLANtl COUNTY, PENNSYLVANIA v. NO. 4937 - 2002 Civil WAYNE F. WOODWARD, Defendant CIVIL ACTION.- LAW IN DIVORCE PRAECIPE To the Prothonotary: Please withdraw the appearance of Daley, Zucker & Gingrich, LLC and Cara A. Boyanowski, Esquire and enter the appearance of Wix, Wenger & Weidner and Stephen J. Dzuranin, Esquire on behalf of the Plaintiff in this proceeding. Date: 5-1~-oL./ DA'AY~ ~UCKER & GINGRICH, L ~ BY;Ufl11 U Cara A. Boyanow ki, Esquire Attorney ID No. 68736 1029 Scenery Drive Harrisburg, PA 17109 (717) 1357-4795 (.../ WIX, ~GZE &, B' i!-i\ l i~ J. Dzur in, uire ,Attorney ID No. 65 /508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 R F:\sjd\9504 Woodward, Sandra A\12848 Domestic ReJations\Oocuments\Praecipe to Substitute CounseJ.doc 0 ,..., c <= C' f"~ C::=O j ~, -=- -fj _."k ::;:! ;l;",. ffi:n -0: f-.- ~ -Orn \.0 -0(-) c..~ I :E .::-"-Ic> i~~1 ~; '- '" L~ -,I ::;:4 -< J:" ~... --'.; c..n -<';: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. ) ) ) ) ) ) ) NO. 2002-4937 CNIL TERM SANDRA A. WOODWARD, Plaintiff WAYNEF. WOODWARD, Defendant CNIL ACTION - LAW IN DNORCE PETITION RAISING MARITAL CLAIMS AND NOW, comes Defendant, Wayne F. Woodward, by and through his counsel, Howett, Kissinger and Conley, P.c., and files this Petition Raising Marital Claims and in support thereof states as follows: 1. Plaintiff is Sandra A. Woodward, an adult individual who currently resides at 1424 Yorktowne Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2. Defendant is Wayne F. Woodward, an adult individual who currently resides at 4182 Elk Court, Apartment #101, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 3. Plaintiff and Defendant were married on November 22, 1980. 4. A Complaint for Divorce was filed by Plaintiff on October 10, 2002 in Cumberland County, Pennsylvania. 5. Defendant hereby raises the following marital claims: COUNT I - EOUlTABLE DISTRIBUTION 6. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 7. Plaintiff and Defendant have legally and beneficially acquired property, both real and personal, during their marriage, which property is "'marital property." WHEREFORE, Plaintiffrequests the Court to equitably divide all marital property. COUNT II - ALIMONY AND ALIMONY PENDENTE LITE 8. The foregoing paragraphs of this Petition are incorporated herein as if set forth at length. 9. Defendant lacks sufficient property to provide for his reasonable means and is unable to support himself through appropriate employment and requires reasonable support to adequately maintain himself in accordance with the standard of living established during the marriage. 10. Defendant is unable to sustain himself dwing the course of this litigation. WHEREFORE, Defendant requests the Court to enter an award of reasonable temporary alimony until final hearing and permanently thereafter. COUNT III - COUNSEL FEES. EXPENSES AND COSTS OF SUIT II. The foregoing paragraphs of this Petition are incorporated herein as if set forth at length. 12. Defendant has retained an attorney to def(md him in this action and has agreed to pay her a reasonable fee. 13. Defendant has incurred and will incur costs and expenses in defending this action. 14. Defendant is not financially able to meet either the expenses and costs of defending this action or the fees to which his attorney will be entitled in this case. WHEREFORE, Defendant requests the Court to enter an award of interim counsel fees, costs and expenses until final hearing and thereupon award such additional counsel fees, costs and expenses as deemed appropriate. Respectfully submitted, Date: I 5 ::J..M-L () 'I .C:: Cindy S. Coni ,Esquire HOWETT, KISSINGER & CO 130 Walnut Street P.O. Box 810 Harrisburg, P A 17108 Telephone: (717) 234-2616 Counsel for Defendant Wayne F. Woodward VERIFICATION I, Wayne F. Woodward, hereby swear and affirm that the facts contained in the foregoing Petition Raising Marital Claims are true and correct to the best of my knowledge, information and belief and are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. Date: June 15, 2004 1/" , / " / ~ I.~ .... . ... ,/:. ~- (,).t-<ru: 12 Y:c" ?: { Wayne FtWoodward () ..--- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. ) ) ) ) ) ) ) NO. 2002-4937 CIVIL TERM SANDRA A. WOODWARD, Plaintiff WAYNEF. WOODWARD, Defendant CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVIC]~ I, Cindy S. Conley, Esquire, counsel for Wayne F. Woodward, Defendant in the above- captioned action, hereby certify that a true and correct copy of the foregoing Petition Raising Marital Claims was served upon Stephen J. Dzuranin, Esquire, counsel for Plaintiff Sandra A. Woodward, by depositing same in the United States mail, first class, on June 15,2004, addressed as follows: Stephen J. Dzuranin, Esquire WIX, WENGER & WEIDNER, fI.C. 508 North Second Street P.O. Box 845 Harrisburg, P A 17108-0845 Date: IS A. _ I t) If (f 7 l c-./~ Cindy S. Conley, E uire HOWETT, Kl~mER & CONLE 130 Walnut Street P.O. Box 810 Harrisburg, P A 17108 Telephone: (717) 234-2616 Counsel for Defendant Wayne F. Woodward A:J D #~ o ~ ~ ~ ...0 - ~ ,D o () ~w Jk r::. ~ r--> = = &' ,- o -n :J:i::!] n',_ "Tlrn :DY 0,,-> ~~~~ tjrn ~~ ::< ;?~ ...~- cr. --''"1 ~ .J;.:- SANDRA A. WOODWARD, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND !COUNTY, PENNSYLVANIA v. NO. 4937 - 2002 Civil WAYNE F. WOODWARD, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE Cara A. Boyanowski, Esquire, being duly sworn according to law, deposes and says that she is an attorney at law duly authorized to practice law in the County of Cumberland, Commonwealth of Pennsylvania that on or about October 11, 2002, she sent a true and correct copy of the Complaint in Divorce, properly endorsed, to Defendant, Wayne Woodward, by Certified Mail, No. 7000 15300003 2206 2948, postage prepaid, restricted delivery, return receipt requested, to 4182 Elk Court, Apt. 101, Mechanicsburg, Pennsylvania, 17050, the Defendant's last known address. The Defendant received the Complaint in Divorce on October 12, 2002, as evidenced by the return receipt card that is attached hereto and marked Exhibit A and the United States Postal Service Track/Confirm -Intranet Item Inquiry form attached hereto and marked Exhibit B. DALEY, ZUCKER & GINGRICH, LLC B~~~li Attorney ID No. 68736 1029 Scenl3ry Drive Harrisburg, PA 17109 (717) 657-4795 Sworn to and subscribed before me this /7+-", day of June, 2004. ~rn.~ Notary Public My Commission Expires: 101'210" (SEAL) 900Z '~llOO 88l!dx3 ~ 4'i ~1JN!n8O~JO~ 0IPl'Id MI40N 'N09OOH 'W NWnS "MIS 1VllJ\I.l.ON .7 (- . Complete ftems 1, 2, and 3. Also ............. ftem 4 If RestrIcted Delivery is desired. . Print your name and eddress on the reverse so that we can return the card to you. . Attach this card to the back of the mellpiece, or on the front If space permits. 1. ArtIcle AddfesHd to: tA'( I V'hLrN \I\lcai~d 4\62. E-I k 0:Ju.At 6r~t \0 \ ~c}oj\ \cD buJg, ~s :wco -\530-0C03-'R..<Olr;cQI-t6 2. Article Number IT"""''''' from service label) PS Form 3811 , August 2001 ?A \ ':fd:D o Addressee 8, Recelved by ( Printed Name) lfr'O!Ile of Delivery D. Is delivery address different from item 1? 0 Yes If YES. enter delivery address below: 0 No 3. Service Type ~ertifled Mail 0 Express Mail o Registerecl 0 Return Receipt for Merchandise o Insured Mall 0 C.O.D. 4. Restricted OEtlivery? (Extra Fee) ~Rotum _ 1 Q2595-Q2-M-1 035 . EXHIBIT A FROM: Direct Query Restore. Intranet. "Extensive" Searcll FAX NO. : 7177957896 Jun. ~9 2~~4 1~:25AM Pi rage I oIl -,....,-I.....'Jlltl,,11..(.\ /"" /') _ ], '} '\,/'1 < II Trac:klConflnn . Intranet Item In~luiry II The item you qull'led is summarized below. If you would like to I'lIqUltst . delivery nicard Check me boX in the 'Selm" column to the I1gh! of tile It1Im (if awl/able). i...." more about .B~. ' DlItIIU am ArchIVed 7UIIDl5300lIlISU062148 Origin De8l1n8llon Firm IIeclpienl EvoImII.gge InlD' Oola Tim. S.'ecl R_re 17050 DaIV,"ftl!D 10nl/2OD2 15:49 ~ Pencllng -. enter Request Type anclltem Nur"!)er: Quick Search /!l extensive Sealrch, E) rq-:',~_"'''''''''' ~. _"~^__A -, ----.-- _ . - - . ~ ~ ~ - 1.Bm Numb...: , '. i ~,~D!;j Inquil'll on multlpll! ItemB. Go to the Product Tracking SyStem Hn;"A PRoe. EXHIBIT B http://Pts.uSPSoJ\ov/netdata-c1)/db2WWW/cbd_242.d2w/RESTORE?l:::AMEFROM,,,OK&strTrackNu... 6/9/2004 (') c ,....., (:=J C;::) ...- '- c::: ;"l~::: o -n .:::l :1--n nl-" r- -OfT! :.~y ()6 :~'i~! ,.j .-~') " ::-..(~ f=S fl'l ~-~ :.0 -< f',> N " :::::: r;-:> (J1 -J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. ) ) ) ) ) ) ) No. 2002-4937 Civil Term SANDRA A. WOODWARD, Plaintiff WAYNE F. WOODWARD, Defendant Civil Action - Law In Divorce MOTION FOR APPOINTMENT OF MASTER Wayne F. Woodward, Defendant, moves the court to appoint a master with respect to the following claims: (X) ( ) (X) (X) Divorce Annulment Alimony Alimony Pendente Lite (X) ( ) (X) (X) Distribution of Property Support Counsel Fees Costs and Expenses and in support of the motion states: 1. requested. Discovery is complete as to the claims for which the appointment of a master is 2. The plaintiff has appeared in this action by her attorney, Stephen J. Dzuranin, Esquire. 3. The statutory grounds for divorce are S3301(c). 4. The action is contested with respect to all claims listed above. 5. The action does not involve complex issues oflaw or fact. 6. The hearing is expected to take 1 day. Date: 7. Additional information, if any, relevant to the motion: 3iYltur-1. ;005- 7 p I CL/ Cindy S. ConI , Esquire / HOWETT, KISSINGER & CONLEY, P.C. 130 Walnut Street, P.O. Box 810 Harrisburg, PAl 7108 Telephone: (717) 234-2616 Counsel for Defendant Wayne F. Woodward AND NOW, ,2005, master with respect to the following claims: , Esquire is appointed BY THE COURT: J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. ) ) ) ) ) ) ) No. 2002-4937 Civil Term SANDRA A. WOODWARD, Plaintiff WAYNE F . WOODWARD, Defendant Civil Action - Law In Divorce CERTIFICATE OF SERVICE I, Cindy S. Conley, Esquire, counsel for Wayne F. Woodward, Defendant in the above-captioned action, hereby certify that a true and correct copy of the foregoing Motion for Appointment of Master was served upon Stephen J. Dzuranin, Esquire, counsel for Sandra A. Woodward, Plaintiff, by depositing same in the United States mail, first class, on March 3, 2005, addressed as follows: Stephen J. Dzuranin, Esquire WIX, WENGER & WEIDNER 508 North Second Street P.O. Box 845 Harrisburg, P A 17108-0845 -} Date: :J~.A .).cvs- Cindy S. Conley, sIre HOWETT, KISSINGER & CONI:; 130 Walnut Street P.O. Box 810 Harrisburg, P A 17108 Telephone: 717-234-2616 Counsel for Defendant, Wayne F. Woodward f~~ ,'-'" :!i: ~ , ".~ ~. -rJ o -n ::;J.", rn~~ ~'-'- -;:jl_J ;:~')I~\~) -";_~. --'1, ',:~,~ c...,) N '~;~1 ,.,->., ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA SANDRA A. WOODWARD, Plaintiff v. ) ) ) ) ) ) ) NO. 2002-4937 CIVIL TERM WAYNEF. WOODWARD, Defendant CIVIL ACTION - LAW IN DIVORCE PETITION FOR ALIMONY PENDENTE LITE TO THE HONORABLE, THE JUDGES OF SAID COURT: The Petitioner respectfully represents that: I. The Petitioner, Wayne F. Woodward, an individual residing at 4182 Elk Court, Apartment #101, Mechanicsburg, Cumberland County, Pennsylvania, 17050, is the Defendant in the underlying Divorce Action, and pleads the issue of alimony pendente lite in this Petition for Alimony Pendente Lite. 2. The Respondent, Sandra A. Woodward, an individual residing at 1424 Y orktowne Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050, is the Plaintiff in the underlying Divorce Action. 3. The Petitioner and Respondent were married on November 22, 1980 and separated on September 30, 2002. 4. The Respondent has not sufficiently provided support for the Petitioner. 5. The Respondent is employed at Highmark, Inc. and earns $101,768.22 gross per year. The Respondent's social security number is 210-44-6563. 6. The Petitioner is unemployed. Petitioner's social security number 168-48-2645. 7. The Petitioner is not receiving public assistance. 8. The amount asked by the Petitioner for Alimony Pendente Lite is the maximum amount allowable by law. WHEREFORE, Petitioner prays that the Court enter an Order of Alimony Pendente Lite against the Respondent, as well as require the Respondent to provide medical support for the Petitioner, if appropriate. Respectfully submitted, Date: 31Jl~ ;)cJdS- ....-' ,// ) Cindy S. Conley" qUIre HOWETT, KISSINGER & CO 130 Walnut Street, P.O. Box 810 Harrisburg, P A 17108 Telephone: (717) 234-2616 Counsel for Defendant Wayne F. Woodward . -' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. ) ) ) ) ) ) ) NO. 2002-4937 CIVIL TERM SANDRA A. WOODWARD, Plaintiff WAYNE F, WOODWARD, Defendant CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Cindy S. Conley, Esquire, counsel for Wayne F. Woodward, Defendant in the above- captioned action, hereby certify that a true and correct copy of the foregoing Petition for Alimony Pendente Lite was served upon Stephen J. Dzuranin, Esquire, counsel for Sandra A. Woodward, Plaintiff by depositing same in the United States mail, first class, on March 3, 2005, addressed as follows: Stephen J. Dzuranin, Esquire WIX, WENGER & WEIDNER 508 North Second Street P.O. Box 845 Harrisburg, PAl 71 08-0845 ------/-j Date: 3tJ1~ ;Jo,lj'~ ~i mdy S. n ey, E uire HOWETT, KIS GER & CONLEY, P.c. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: 717-234-2616 Counsel for Defendant, Wayne F. Woodward . .,- VERIFICATION I, Wayne F. Woodward, hereby swear and affirm that the facts contained in the foregoing Petition for Alimony Pendente Lite are true and correct to the best of my knowledge, information and belief and are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. Date: 3/3/05 i J , .: I i l /._ i ( /'-'> ~~yne ~~~o~d;ar/" I / .\ (r - /' ( .- -.S': ~ ..."."" ~ " "... ~ ~ " '-, ~ , .~_/ ,"" .-, ~-:\ , " v 1. VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV ANIA CIVIL ACTION - DIVORCE i I NO. 2002-4937 CIVIL TE~ IN DIVORCE I PACSES # 081107203 SANDRAA. WOODWARD, Plaintiff/Respondent WAYNE F. WOODWARD, Defendant/Petitioner ORDER OF COURT AND NOW, this I" day of April, 2005, upon consideration of the attached I' ition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respec ive counsel appear before RJ. Shaddav on Avril 20.2005 at 10:30 A.M. for a conference, at 13 N. Hano er St., Carlisle, P A 17013, aller which the conference officer may recommend that an Order for Alimony endente 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 r quired by Rule 1910.11<1;) (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available t you IF you fail to appear for the conference or bring the required documents, the ourt may issue a warrant for your arrest. BY THE COURT, George E. Hoffer, Pres dent Judge Mail copies on 4-1-05 to: Petitioner < Respondent Stephen Dzuranin, Esquire Cindy Conley, Esquire ~ ;:J~~ adday, Confere ce Offic~~---f.J Date of Order: April!. 2005 R.J. YOU HAVE THE RIGHT TO A LAWYER, WHO MA Y ATTEND THE CONF RENCE AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFF RD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHER YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOClA nON 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 CC361 -----~----- c -~\ ::.~, ' .,-'-.' () " - In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION WAYNE F. WOODWARD ) Docket Number 02-4937 CIVIL Plaintiff ) VS. ) PACSES Case Number 081107203 SANDRA A. WOODWARD ) Defendant ) Other State ID Number Order AND NOW to wit, this APRIL 20, 2005 it is hereby Ordered that: THAT THE DEFENDANT, SANDRA A. WOODWARD, WILL OBTAIN AND MAINTAIN MEDICAL AND DENTAL INSURANCE COVERAGE FOR PLAINTIFF, WAYNE F. WOODWARD AS PROVIDED BY THROUGH HER EMPLOYMENT. BY~~~ JUDGE Service Type M Form OE-520 Worker ID 21005 0, -.\' -':.': ,<.j' ORDER/NOTICE TO WITHHOLD INCOME fOR SUPPORT Iwealth of Pennsylvania f CUMBERLAND Jotice 06/22/05 ~ee Addendum for case summary) @Original Order/Notice o Amended OrderlNotice o Terminate Order/Notice RE: WOODWARD, SANDRA A. Employee/Obligor's Name (Last, First, MI) 210-44-6563 Employee/Obligor's Social Security Number 5755101258 Employee/Obligor's Case Identifier ($ee Addendum for plaintiff........ associamd with cases on attachment) Custodial Parent's Name (last, First, MI) ~rs Federal EIN Number t] INC rl: PAYROLL Bl'ER ST 11 PA 17011-1702 j);i o?Pt)).-~9?7(!t/ !19tKfs O? 1/ D7d-tJ3 ,ee/dendum for dependent names and birth dates associated with cases on attachment. ~RlvION: This is an Order/Notice to Withhold Income for Support based upon an order for support uMf:wwo County, Commonwealth of Pennsylvania. By law, you are required to deduct these ,the,ve-named employee'sfobligor's income until further notice even if the Order/Notice is not Jr St, ~onth in current support ~onth in past-due support Arrears 12 weeks or greater? @yes 0 no ..9 .Olhonth in current and past-due medical support ~onth for genetic test costs ~ )nth in other (specify) Df $ _D. 00 per month to be forwarded to payee below. t have to lur pay cycle to be in compliance with the support order. If your pay cycle does not match :d supportnt cycle. use the following to determine how much to withhold: ~P'ly pay period. ~'" 9 . UPJdY pay period (every two weeks). .1.70.O.ll.P onthly pay period (twice a month). ~O. O.ll.pe I pay period. NeE INfOR begin wi~h later than the first pay period occurring ten (10) working days after the date of this tice. se~ ~'\hin seven (7) working days of the paydate/date of withholding. You are entitled to 'ee to de ralhrvithholding. Refer to the laws governing the work state of your employee for the a~oun\)\e w~eld amount, and your fee. cannot exceed 55% of the employee'sf obligor's d.sposa nag~gs. for the purpose of the limitation on withholding, the following information is eell90n y "',En/ED\'\ ~~'. at 1_87-nnsylvania State Collections and Disbursement Unit (SCDU) Employer Sel'J.ce for instructions. pa mittance \ SCDU k to' penns ~c . fN1U, P.O. Box 69112r Harrisburg, Pa 17106-9112 IONr P1:^:eIOIlJDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown ~~~~~H BY >Dr;r) .9.,R ~OCIAL SECU~ IN ORDER TO Bf PROCESSED. ""-JtiN 2 ;3~' on"'\~~~~ Eo(,1')e 8. I!J/IVl.GY \nJb&~ Form EN-028 Worker ID $IATT e 1'1 OMS No.: 0970-0154 ORDERlNOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsvlvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 06/22/05 Case Number (See Addendum for case summary) o Original Order/Notice o Amended Order/Notice o Terminate OrdedNotice HIGHMlIRK INC C/O ATTN: PAYROLL ],800 CENTER ST CAMP HILL PA ],70],],-],702 ])/t! o{oo).-'/9netl /1?&;[S O?ll/ ()7d-() 3 RE: WOODWARD, SANDRA A. Employee/Obligor's Name (last, First, MI) 2],0-44-6563 Employee/Obligor's Social Security Number 5755101258 Employee/Obligor's Case Identifier (See Addendum for p/aintiH nam~s associated with cases on attachment) Custodial Parent's Name (last, First, MI) EmployerM'ithholder's Federal EIN Number See Addendum for dependent names and birth dates associat.!tJ with cases on attachment. ORDER INFORMA TlON: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's!obligor's income until further notice even if the Order/Notice is not issued by your State. $ 405.00 per month in current support $ 135. Doper month in past-due support Arrears 12 weeks or greater? @yes 0 no $ 0.00 per month in current and past-due medical support $ 0 . 00 per month for genetic test costs $ per month in other (specify) for a total of $ 540.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ ],24.62 per weekly pay period. $ 249.23 per biweekly pay period (every two weeks). $ 270.00 per semimonthly pay period (twice a month). $ 540.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydateJdate of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's! obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCOU Send check to: Pennsylvania SCOUr P.O. Box 69112r Harrisburg, Pa 17106.9112 IN ADDITION, PA YMENTS MUST INCLUDE THE DEFENDANTrS NAME AND THE PACSES MEMBER 10 (shown above as the Employee/Obligorrs Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. ~I~..~;~, ~ ~2?2 =-_ ~.-1.':J-tJS- BYTHEC tT:, \'A Date of Order:--4I-H -. ,{'-'" \ 0.",\ ~ "\ JUI~ ;; .3 ZUU!) Eot:R!te. e. &Yt.GY (7VLll'c~ Form EN-028 Service Type M OMBNo,,097lJ.0154 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS o If ,hecked you are required to prpvide a (Copy of this form to your employee. If your employee works in a state that is difterent from the state that issued this order, a copy must be provided to your employee even if the box is not checked. 1. Priority: Withhoiding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priarity. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/abligo,. 3.* Repv,l;"5ll,e F"~yJClldDatt o(Vlal.llvIJ;1I5' YOu 11Iu;,llepo,l lIf'C paydateldatG v( vvitl,llvld;1I5 nllell selld;1I5 lIle paYIII'l:;flt. Tile paydatelddk vf vval,I ,old;1I5 ;:lll,e dale 011 vvl,;\..I. cilllVl,.IIIl neB vv;a.l.dJ flU", tile 611..,loycc';) vvc\iifs. You must comply with the law of the state ofthe employee'slobligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4. * EmployeelObligor with Multiple Support Holdings: If there is more than one OrderlNotice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, yau must follaw the law of the state of employee'slobligor's principal place of employment. You must hanor all Orders/Notices to the greatest extent possible. (See #9 below) S. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 2312947230 EMPLOYEE'SIOBLlGOR'S NAME: WOODWARD, SANDRA A. EMPLOYEE'S CASE IDENTIFIER: 575510125B DATE OF SEI'ARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is emplayed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, ,efusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligar is employed in another State, in which case the law of the State in which he or she is employed govems. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allawed by the Federal Consumer Credit Protection Act (15 U.S.c. 91673 (b)1; or 2) the amounts allowed by the State of the employee'slobligor's principal place af employment. The Federal limit applies to the aggregate disposable weekly eamings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. For tribal arders, you may not withhold more than the amounts allowed under the law of the issuing tribe. For tribal employers who receive a state order, you may nat withhald more than the amounts allowed under the law of the state that issued the oroer. 10. Additionallnfo: * NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Submitted By: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE P A 17013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at {71ll 240-6225 or by FAX at lZ1ZL240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Worker ID $IATT Service Type M OMBNO.:097().{)154 ADDENDUM Summary of Cases on Attachment Defendant/Obligor: WOODWARD, SANDRA A. PACSES Case Number 081107203 Plaintiff Name WAYNE F. WOODWARD Docket Attachment Amount 02=493'7CIVIL$ 540.00 Child(ren)'s Name(s): PACSES Cas., Number Plaintiff Name D08 Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB D If checked, you are required ta enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. you a'e required to enroll the child(ren) in any health insurance coverage available employee's/obligor's employment. PACSES Case Number Plaintiff Name PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): D08 Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): D08 D If checked, you are ,equired to enrall the child(ren) identified above in any health Insurance coverage available through the employee's/abligor's emplayment. yau are required to enroll the child(ren) in any health insurance coverage available employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): D08 PACSES Case Number Plaintiff Nam'~ Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): D08 D If checked, yau are required ta enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's emplayment. '" """',','-""""""""-'-.".........".- -'.-' """" -- - -"-"",.'..,..,,, ..'-'..',.-.--....""",.......-...0..0.'."." .._.._...._..".,"',.,._...._._._._,'.'"""._.._._."."""" .........'..-.... .'........-.. .-.....-"',.._...._.....-....-..-.',.""............ .....-.."".".....-...-...-..,'.,,-,'..,.... '" .,., "., """ - ",',,'" - "" -, - ,-..... ..',:'.'"-"-"-",-,",.,',.....,.""-,,,-,.-,,,,,,.'_'c,'.','"',,,',",""",,'.,,',',",',,"""" """"""""',"",'" D If check~l, you are required to enroll th~ ~hild(ren) identified above in any health insurance coverage available through the employee's/abligor's employment. Addendum Form EN-028 Worker ID $IATT Service Type M OMB No.: 097()..{J154 '.::. .~ s), \q i.) ~ .(~.,." r"",___ (-\ c:. c~ 1" ,; -:J, ~... q, ?'" f\'\~ -:llQ '''),() (r",\",,,,,, '~A~~ ~7 :,~ v' " U' ~ ~ SANDRA A. WOODWARD, PlaintifflRespondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE WAYNE F. WOODWARD, Defendant/Petitioner NO. 202-4937 CIVIL TERM IN DIVORCE PACSES# 081107203 ORDER OF COURT AND NOW, this nod day of June, 200, based upon the Court's det,:rmination that Petitioner's monthly net income/earning capacity is $2,555.51 and Respondent's monthly net income/earning capacity is $6,343.99, it is hereby Ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit, $540.00 per month payable monthly as follows; $405.00 for alimony pendente lite and $135.00 on arrears. First payment due next pay date. Arrears set at $1,620.00 as of June 22, 2005. The effective date of the order is March 3, 2005. The Respondent, Sandra A. Woodward, will obtain and maintain medical and dental insurance coverage for Petitioner, Wayne F. Woodward as provided by and through her employment. Respondent is to make direct payment of six percent (6%) of any alld all net bonuses within five days upon receipt of said bonus and to provide verification of the net bonus to Petitioner within the same five days. This order is based upon rule 1910.14-4 (e), pursuant to husband having an obligation for child support for the two children that are in the care and custody of wife. Failure to make each payment on time and in full will cause all arrl~ars to become subject to immediate collection by all of the means as provided by 23 Pa.C.S.g 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 ofthe Respondent to prison for a period not to exceed six months. Said money to be turned over by the P A SCDU to: Wayne F. Woodwad. Payments must be made by check or money order. All checks and money orders must be made payable to P A SCDU and mailed to: PA SCDU P.O. Box 69110 Harrisburg, P A 17106-911 0 Payments must include the defendant's P ACSES Member Number or Social Security Number in order to be processed. Do not send cash by maiL Unreimbursed medical expenses that exceed $250.00 annually are to be paid as follows: 0% by Respondent and 100% by Petitioner. The Petitioner is responsible to pay the first $250.00 annually in unreimbursed medical expenses. Respondent to provide medical insurance coverage. Within thirty (30) days after the entry of this Order, the Respondent shall submit to Petitioner written proof that medical insurance coverage has been obtained or that application fc)f coverage has been made. Proof of coverage shall consist, at minimum, of: I) 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. This Order shall become final ten days 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. DRO: R. J. Shadday Mailed copies on 6-27-05: < Petitioner Respondent Stephen Dzuranin, Esquire Cindy Conley, Esquire BY THE COURT, ~7J'^I~ Edgar B. Bayley J. ''--j,'''" C) (~ ,..., = ,0=> en (-- C,: f'.1 0::> ~-:- <~ / ", -n ~ ..... :r:...,., rnp -(1 CD -DU ()/., -::..j'-" ;"~:t~ ..-\ ?n ,< '-? e- N SANDRA A. WOODWARD, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 4937 - 2002 Civil WAYNE F. WOODWARD, Defendant CIVIL ACTION - L.AW IN DIVORCE PRAECIPE To the Prothonotary: Please withdraw the appearance of Wix, Wenger & Weidner and Stephen J. Dzuranin, Esquire and enter the appearance of Charles Rector, Esquire on behalf of the Plaintiff in this proceeding. ? BY~ ,--b--- les Rec r, Attorney 10 o. :.? 'f I..!f 1104 Femwood Avenue Camp Hill, PA 17011-6902 (717) 761--8101 Date: ?//,j"r , F:\sjd\9504 Woodward, Sandra A. (Domestic Relations)\12848 Domestic Relations\Oocumen1s\Praecipe to Substitute Counsel.2.doc (') s:,:; ...> = '5'< 'c. - , - c:> ,'~ ~ -' -;:t:.-q 01 r:: -CrD ,,-,0 ~.>,:~ \ ~,,,)O ~::;~ .:~.~ :"2rc':-'~ -=:{;rn ,~, -,~ 7f1 :...0::. -" :J>~ <:-? - 0"' ,,"!IT In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION WAYNE F. WOODWARD ) Docket Number 02-4937 CIVIL Plaintiff ) vs. ) PACSES Case Number 081107203 SANDRA A. WOODWARD ) Defendant ) Other State ID Number ORDER OF COURT You, WAYNE F. WOODWARD plaintiff/defendant of 4182 ELK CT #I 101, MECHANICSBURG, PA. 17050-7658-26 are ordered to appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 before a hearing officer of the Domestic Relations Section, on the SEPTEMBER 13, 2005 at 9: OOAM for a hearing. You are 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. verification of child care expenses, and 4. proof of medical coverage which you may have, or may have available to you 5. information relating to professional licenses 6. other: Service Type M Form CM-509 Worker ID 213 02 WOODWARD V. WOODWARD PACSES Case Number: 081107203 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest or enter an order in your absence. If paternity is an issue, the court may enter an order establishing paternity. The appropriate court officer may enter an order against either party based upon the evidence presented without regard to which party initiated the support action. BY THE COURT: Date of Order: J ~;} 0.:..0 (' ~"'1~ JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATI'END THE HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. 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 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 required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 240 - 6225. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Page 2 of2 Form CM-509 Worker ID 21302 Service Type M C) C ~~," .--' "'" ~\ '-- c:; ie- 1" o ~" \..':,\\ o -0 .-' .-..:....,..-.. 0"\ f~:O. ~n(::r\ -;:'1'-1. ~:"\S,"'.l :. ..-:.~ - .J -;"-"~l ,<.-(0 '~:~ '0 ::4 -<) ~::" --~ ~.:; ..... cP - In the Court of Common Pleas of CUMBERLANI) County, Pennsylvania DOMESTIC RELATIONS SECTION WAYNE F. WOODWARD ) Docket Number 02-4937 CIVIL Plaintiff ) vs. ) PACSES Case Number 081107203 SANDRA A. WOODWARD ) Defendant ) Other State ID Number ORDER OF COURT You, SANDRA ANN WOODWARD plaintiff/defendant of 1424 YORKTOWNE RD, MECHANICSBURG, PA. 17050-1950-24 are ordered to appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 before a hearing officer of the Domestic Relations Section, on the SEPTEMBER 13, 2005 at 9: OOAM for a hearing. You are 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. verification of child care expenses, and 4. proof of medical coverage which you may have, or may have available to you 5. information relating to professional licenses 6. other: Service Type M Form CM-509 Worker ID 21302 WOODWARD v. WOODWARD PACSES Case Number: 081107203 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest or enter an order in your absence. If paternity is an issue, the court may enter an order establishing paternity. The appropriate court officer may enter an order against either party based upon the evidence presented without regard to which party initiated the support action. BY THE COURT: Date of Order: I-~\l--'G) JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY A'ITEND THE HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. 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 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 required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 240-6225. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Service Type M Page 2 of2 Form CM-S09 Worker ID 213 02 (} ~~- ~ c:-" v' <e I- I') o " ~~~ ...~, ":.{. -, ~ ..-\ :"- .,.., 0"'"'f::; 'Jt!) (:.':\1;~;" -"[) ":<. 'C:~:f-f', -, "FL ::1 <-P. :;- c:> In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION WAYNE F. WOODWARD ) Docket Number 02-4937 CIVIL Plaintiff ) vs. ) PACSES Case Number 081107203 SANDRA A. WOODWARD ) Defendant ) Other State ID Number ORDER OF COURT - RESCHEDULE A HEARING You, WAYNE F. WOODWARD of 4182 ELK CT # 101, MECHANICS BURG , PA. 17050-7658-26 are ordered to appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 on the 13TH DAY OF OCTOBER, 2005 at 1: 30PM for a hearing. This date replaces the prior hearing date of SEPTEMBER 13, 2005. I. a true copy of your most recent Federal Income Tax Return, including W -2s,:a ~- 2. your pay stubs for the preceding six (6) months, '5~~ 3. the Income and Expense Statement attached to this order as required by Rule~ 4. verification of child care expenses, and ~2:;"" 5. proof of medical coverage which you may have, or may have available to yoU( ~ 6. infonnation relating to professional licenses 7. other: You are further required to bring to the hearing: Service Type M Form CM-514 Worker 10 21302 WOODWARD v. WOODWARD PACSES Case Number; 081107203 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest or enter an order in your absence. If paternity is an issue, the court may enter an order establishing paternity. The appropriate court officer may enter an order against either party based upon the evidence presented without regard to which party initiated the support action. BY THE COURT: Date of Order: q'~ () A;~\ JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY A'ITEND THE HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. TillS 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 CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE FA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For infonnation about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 240-6225. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Service Type M Page 2 of2 Form CM-S14 Worker 10 21302 r--,' c::::> CJ .:.:-;"1 ::;-3 rii I Co") (,-\ (,) <.11 C-." In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION WAYNE F. WOODWARD ) Docket Number 02-4937 CIVIL Plaintiff ) vs. ) PACSES Case Number 081107203 SANDRA A. WOODWARD ) Defendant ) Other State ID Number ORDER OF COURT - RESCHEDULE A HEARING You, SANDRA ANN WOODWARD of 1424 YORKTOWNE RD. MECHANICSBURG, PA. 17050-1950-24 are ordered to appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 on the 13TH DAY OF OCTOBER, 2005 at 1 : 3 0 PM for a hearing. This date replaces the prior hearing date of SEPTEMBER 13, 2005. You are further required to bring to the hearing: I. 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 and Expense Statement attached to this order as required by Rule 19\0.11 (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: Service Type M Form CM-5I4 Worker ID 21302 WOODWARD V. WOODWARD PACSES Case Number: 081107203 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest or enter an order in your absence. If paternity is an issue, the court may enter an order establishing paternity. The appropriate court officer may enter an order against either party based upon the evidence presented without regard to which party initiated the support action. BY THE COURT: Date of Order: q - 'j<; -~\ JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. 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 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 required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 240-6225. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Page 2 of2 FormCM-S14 Worker ID 21302 Service Type M Q --1 r..n c..0 '" ~, c:':."} (;_:"'J ~. C) .","J :~ C0 --:-~ c.) SANDRA A. WOODWARD, Plaintiff THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 02 - 4937 CIVIL WAYNE F. WOODWARD, Defendant IN DIVORCE ORDER OF COURT AND NOW, this /"?() ~ >0 . ;{~ day of ct, tituv 2004, the economic claims raised in the proceedings having been resolved in accordance with a marriage settlement agreement dated October 24, 2005, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, .J. cc: ~rles Rector Attorney for Plaintiff vefndy S. Attorney Conley for Defenda~~t '.. ~..~\. \J J ~~J-: ~~ ~..(jJ , I\.D \ Od"' } ] ~ ".. (', . .. .. NUUUTALSETTLEMENTAGREEMENT BY AND BETWEEN SANDRA A. WOODWARD AND WAYNE F. WOODWARD Cindy S. Conley, Esquire HOWETT, KISSINGER. CONLEY & HOLST, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Wayne F. Woodward Charles A. Rector, Esquire Suite 203 1104 Fernwood Avenue Camp Hill, P A17011 Telephone: (717) 761-8101 Counsel for SandraA. Woodward 'O/.7Vlfr W I~~.r ~6e! ";~" ; . . MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT is made this d.1- day of &- ~ , 2005, by and between SANDRA A. WOODWARD, of Cumberland County, Pennsylvania, and WAYNE F. WOODWARD, of Cumberland County, Pennsylvania; WITNESSETH: WHEREAS, Sandra A. Woodward (hereinafter referred to as "Wife"), social security number 210-44-6563, was born on December 21, 1957, and currently resides at 1424 Y orktowne Road, Mechanicsburg, Cumberland County, Pennsylvania 17050; WHEREAS, Wayne F. Woodward (hereinafter referred to as "Husband"), social security number 168-48-2645, was born on September 16, 1955, and presently resides at 4182 Elk Court, # I 01, Mechanicsburg, Cumberland County, Pennsylvania 17050; WHEREAS, the parties hereto are husband and wife, having been lawfully married on November 22, 1980 in Mechanicsburg, Pennsylvania; WHEREAS, the parties have lived separate and apart since approximately September of 2002; WHEREAS, three children were born of the marriage, namely Eric F. Woodward, born May 27,1981 who is emancipated, Garrett M. Woodward, born November 2,1987 and Jessica 1. Woodward, born December 19,1993; WHEREAS, the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership of real and personal property, 2 IO/;yJr t.iv /"',h~.r A. ..~ (O,_,.h,," . L . the support and maintenance of one another and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of these premises, and of the mutual promises, covenants and undertakings hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. ADVICE OF COUNSEL. Each party acknowledges that he or she has had the opportunity to receive independent legal advice from counsel of his or her selection (Cindy S. Conley, Esquire for Husband and Charles A. Rector, Esquire for Wife). 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 costs oflitigation 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 3 ;, f.1rf/?-tP /pfl~hr,A. . . order affecting the respective parties' rights to alimony, alimony pendente lite, support and maintenance, equitable distribution, counsel fees and costs oflitigation. 2. DISCLOSURE 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, motions for production of documents, the taking of oral depositions, the 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 enumeration 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 4 /t'/tltf#r tJr) /p//?/p :;-~,' . . action of contention, direct or indirect, and allege therein that there was a denial of any rights to full disclosure, or that there was any fraud, duress, undue influence or that there was a failure to have available full, proper and independent representation by legal counsel. 3. PERSONAL RIGHTS. Husband and Wife may, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference and authority, direct or indirect, by the other. Each may reside at such place or places as he or she may select. Each may, for his or her separate use or benefit, conduct, carry on or engage in any business, occupation, profession or employment which to him or her may seem advisable. Husband and Wife shall not molest, harass, disturb or malign each other or the respective families of each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereafter acquired by the other. 4. MUTUAL CONSENT DIVORCE. It is the intention of the parties, and the parties agree, that by this Agreement they have resolved all ancillary economic issues related to the dissolution of their marriage and thus any divorce action with respect to these parties shall be limited to a claim for divorce only. The parties acknowledge that Wife filed a Complaint for Divorce on October 10, 2002 in the Cumberland County Court of Common Pleas docketed to No. 02-4937. The parties acknowledge that the ninety (90) day period required by ~3301(c) of the Divorce Code has now expired. Accordingly, simultaneously with the execution of this Agreement, each party will execute an Affidavit of Consent and a Waiver of Notice ofIntent to Request Entry of Divorce Decree and deliver said documents to Wife's counsel who shall file 5 N/;Y!if fJI (~PI.A~-Li:lCl;,~! . them with the court along with all other necessary documents to precipitate the prompt entry of a divorce decree. 5. EOUlTABLE DISTRIBUTION. (a) Marital Residence. The parties acknowledge that they are the titled owners, as tenants by the entireties of that certain house and lot and all improvements thereupon situated at 1424 Y orktowne, Mechanicsburg, Cumberland County, Pennsylvania 17050 (hereinafter referred to as the "Marital Residence"). The parties agree as follows with respect to the Marital Residence: (1) Wife shall become the sole and exclusive owner of the Marital Residence and shall be permitted to take any action with respect thereto that she deems appropriate. Husband hereby waives, relinquishes and releases any and all past, present or future right, title, claim and interest he may have in and to the Marital Residence. Husband shall, at Wife's request, execute a deed transferring all of his right, title and interest in the Marital Residence to Wife. (2) Husband agrees that as the date of execution of this Agreement, any and all title policies and any other policies of insurance with respect to the Marital Residence shall be deemed to be endorsed to reflect Wife as sole owner thereof and further agrees that Wife shall be entitled to receive any payments now or hereafter due under any such insurance policies. (3) Commencing on the execution date of this Agreement, Wife shall be solely responsible for all costs, expenses and liabilities associated with or attributable to the Marital Residence, including, but not limited to, any mortgages, any and all home equity loans or lines of credit, taxes, insurance premiums, utilities, maintenance and repairs, and Wife shall keep 6 14.;;v/4.s- ~ /~F.l~- ~i'~i . Husband and his successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, cost or expense, including actual attorneys fees, which may be incurred in connection with such liabilities and expenses or resulting from Husband's ownership interest in the Marital Residence. Moreover, Wife shall, within sixty (60) days of the date of the execution of this Agreement, take all steps necessary, including, but not limited to, refinancing, to fully release Husband from any liability on any liens and/or mortgages associated with the Marital Residence. (b) Fumishinl!:s and Personaltv. (1) The parties agree that they have divided by agreement between themselves all furnishings and personalty located in the Marital Residence, including all furniture, furnishings, antiques, jewelry, rugs, carpets, household appliances and equipment. (2) Except as otherwise set forth herein, Wife shall retain, as her sole and separate property, free of any and all right, title, claim or interest of Husband, all of the personalty and furnishings remaining in the Marital Residence. Notwithstanding the foregoing, the parties agree that Wife shall transfer to Husband, who shall receive as his sole and separate property, the following items located at the Marital Residence: (a) Large, medium, small paintings and frames located in the dining room; (b) Husband's mother's genuine silver-silverware; (c) Black-handled large carving knife and matching fork (Christmas gift from Husband to his father); (d) Drill Doctor; 7 N(.)Y/(r f./W /"?~~S- ~# . (e) Band Saw; (f) Shotgun shell reloader and supplies; (g) Shotgun clay pigeons; (h) A few of the crafts and art projects the children made for them especially things made specifically for Husband; (i) Duplicate copies offarnily photographs; (j) Originals of family videotapes; and (k) Other items that Wife believes Husband may desire from the Marital Residence. Wife shall gather all such items of personalty property to be transferred to Husband and notifY Husband that she has done so. Thereafter, the parties shall select a mutually agreeable time for Husband to appear at the Marital Residence to obtain such items. The parties acknowledge, however, that in regard to the crafts and art projects, that Wife may come across . some of these items after the exchange has occurred. Accordingly, to that extent, Wife will advise Husband and make them available to him from time to time. (3) Except as otherwise set forth herein, Husband shall retain, as his sole and separate property, free of any and all right, title, claim and/or interest of Wife, all of the personalty and furnishings currently in his possession and those he obtains in accordance with paragraph (b )(2) above. (c) Motor Vehicles. (1) Husband agrees that Wife shall retain possession of and receive as her sole and separate property the 1995 Acura automobile currently titled in the Wife's name, along with all 8 r) 1,1.1v!drt) /~~I"AJ'"0~ " rights under any insurance policies thereon and with all responsibility for payment of any outstanding indebtedness pertaining thereto and insurance thereon, free of any and all right, title, claim or interest of Husband. Wife shall indemnify and hold Husband and his property harmless from any and all liability, cost or expense, including actual attorney's fees, incurred in connection with any vehicle belonging to Wife by virtue of this subparagraph. (2) Wife agrees that Husband shall retain possession of and receive as his sole and separate property the 1995 Mitsubishi automobile, currently titled in joint names, along with all rights under any insurance policies thereon and with all responsibility for payment of any outstanding indebtedness pertaining thereto and insurance thereon, free of any and all right, title, claim or interest of Wife. Husband shall indemnify and hold Wife and her property harmless from any and all liability, cost or expense, including actual attorney's fees, incurred in connection with any vehicle belonging to Husband by virtue of this subparagraph. The parties shall cooperate in transferring title of said vehicle to Husband without delay. (d) Life Insurance. The parties acknowledge and agree that each shall retain as his/her sole and separate property, any and all life insurance policies in hislher name, free of any right, title and interest of the other party. Accordingly, the parties specifically acknowledge that Wife shall retain as her sole and separate property, free of any and all right, title, claim and/or interest of Husband her MetLife Policy and that Husband shall retain as his sole and separate property, free of any and all right, title, claim and/or interest of Wife his Lincoln Financial Life Insurance Policy and his Mony Life Insurance Policy. Each of the parties shall be free to name the beneficiary or beneficiaries of their choice in regard to said policies. 9 10/.1'(/r.r W /d/ft/'ftJ- ~ i;;,:.., . (e) Pension and Retirement Benefits. Except as specifically set forth below, Wife and Husband each hereby specifically releases and waives any and all right, title, claim or interest that he or she may have in and to any and all retirement benefits (including but not limited to pension or profit sharing benefits, deferred compensation plans, 40 I (k) plans, employee savings and thrift plans, individual retirement accounts or other similar benefits) of the other party, specifically to include a waiver of any spousal armuity benefits and/or beneficiary designations thereunder, The parties agree that they shall execute any documents pursuant to the Retirement Equity Act or any similar act that may be required from time to time to accomplish the purposes of this subparagraph. Notwithstanding the above, the parties specifically agree that Wife shall remain the sole and exclusive owner of her Highmark Defined Benefit Plan, free of any and all right, title, claim and/or interest of Husband. Husband shall remain the sole and exclusive owner of his Dentsply ESOP, his Blue Cross/Blue Shield 401(K), his Knowledge Planet 401(K) Plan, his MSC 401(K), his Member's First Individual Retirement Account, and his MSC Stock and Stock Options. In regard to Wife's Highmark 401 (K) Plan, the parties agree that Wife shall take all steps necessary to, as soon as practicable after execution of this Agreement, roll over to Husband's Member's First Individual Retirement Account, the sum of$114,447.00 plus any proportionate increases from March 31, 2005 to the date of rollover. Wife shall be solely responsible for all costs associated with the preparation of the documents necessary for said rollover. However, the parties acknowledge that this is meant to be a tax-free rollover. After the rollover has occurred, Wife shall retain any remainder of the Highmark 401(K) Plan as her sole and separate property, 10 la/;}'1"r~ /",~"A~-~ . free of any and all right, title, claim and/or interest of Husband. However, until said rollover occurs, Wife will maintain Husband as beneficiary of the 401(K) Plan equal to his equitable distribution entitlement thereto. (I) Financial Accounts. The parties acknowledge that they have distributed any and all marital financial accounts to their mutual satisfaction. Specifically, the parties agree that Wife shall receive as her sole and separate property, free of any and all right, title, claim and/or interest of Husband, the Strong Fund, the Janus Fund, and the cash that she placed into an account with her mother and that Husband shall retain as his sole and separate property, free of any and all right, title, claim and/or interest of Wife, the Quick and Reilly Account. (g) Equitable Distribution Payment. Wife shall pay to Husband as and for equitable distribution within sixty (60) days of the date of execution of this Agreement, the sum of Fifty-six Thousand Dollars ($56,000.00). (h) Miscellaneous Property. As of the execution date of this Agreement, any and all property not specifically addressed herein shall 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. (i) Property to Wife. The parties agree that Wife shall own, possess, and enjoy, free from any claim of husband, the property awarded to her by the terms of this Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. this Agreement shall constitute a 11 L_ /O!2yj,r lJ() /u..#"0 r .../~"' , sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife. G) Property to Husband. The parties agree that Husband shall own, possess, and enjoy, free from any claim of Wife, the property awarded to him by the terms of this Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property, and waives and relinquishes any and all rights thereto, 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. (k) Liability not Listed. Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than those described in this Agreement, on which the other party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and such party agrees to pay it as the same shall become due, and to indemnifY and hold the other party and his or her property harmless from any and all debts, obligations and liabilities. (I) Indemnification of Wife. If any claim, action or proceeding is hereafter initiated seeking to hold Wife liable for the debts or obligations assumed by Husband under this Agreement, Husband will, at his sole expense, defend Wife against any such claim, action or proceeding, whether or not well-founded, and indemnifY her and her property against any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorney's fees incurred by Wife in connection therewith. 12 /o!21{/~ (,JV /(7//";ft.s-~ (m) Indemnification of Husband. If any claim, action or proceeding is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife under this Agreement, Wife will, at her sole expense, defend Husband against any such claim, action or proceeding, whether or not well-founded, and indemnifY him and his property against any damages or loss resulting therefrom, including, but not limited to costs of court and actual attorney's fees incurred by Husband in connection therewith. (n) Warranty as to Future Obli2ations. Husband and Wife each represents and warrants to the other that he or she will not at any time in the future incur or contract any debt, charge or liability for which the other, the other's legal representatives, property or estate may be responsible. Prom the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. Each party hereby agrees to indemnifY, save and hold the other and his or her property harmless from any liability, loss, cost or expense whatsoever, including actual attorneys fees, incurred in the event of breach hereof. 6. ALIMONY. ALIMONY PENDENTE UTE. SPOUSAL SUPPORT. The parties acknowledge that Husband is currently receiving the sum of $405.00 per month as and for alimony pendente lite pursuant to an Order docketed in the Court of Common Pleas of Cumberland County Domestic Relations Section at No. 02-4937, 1128S2003 and PASCES Case No. 081107203. The parties agree that said alimony pendente lite shall continue until Wife has paid to Husband the lump sum payment due him pursuant paragraph 5(g) of this Agreement at which point the alimony pendente lite Order shall terminate as shall the wage attachment 13 lo/:1'(/~Vr,J /p~r?fi~- _~f! associated with the order and any amount received via said wage attachment after the date of termination of the order shall be returned to Wife and not credited against the arrearages. The parties further agree that the arrearage due on the date the order is terminated shall be paid to Husband by Wife on or before January 20, 2005. Finally, Husband agrees that he will subordinate his entitlement to collect the arrearages to the lender/mortgagee that is refinancing the debt associated with the Marital Residence into Wife's name alone. Except as provided for herein, Husband and Wife hereby expressly waive, discharge and release any and all rights and claims which he or she may have now or hereafter by reason of the parties' marriage to alimony, alimony pendente lite, spousal support and/or maintenance or other like benefits resulting from the parties' status as husband and wife. The parties further release and waive any rights they may have to seek modification of the terms of this paragraph in a court of law or equity, it being understood that the foregoing constitutes a final determination for all time of either party's obligation to contribute to the support and maintenance of the other. 7. WAIVER OF CHILD SUPPORT. The parties acknowledge that their two minor children are currently in Wife's primary physical custody. The parties further acknowledge that it is their intent that, given Husband's waiver of alimony herein, Wife will, unless she suffers an involuntary substantial reduction in income, not pursue child support against Husband. Wife acknowledges that she is financially able and willing to meet the children's financial needs while in her physical custody without financial contributions from Husband. If Wife ever pursues, contrary to this Agreement, and as a result receives child support from Husband, then Wife shall be liable to Husband for non-deductible alimony in an amount 14 IO/Jytd.J ~ ./,Ar)ln.- ~ . ' and term equal to the child support ordered. Moreover, Wife will be responsible for reimbursing Husband for all actual attorney's fees and costs incurred in defending against said child support action, 8. CUSTODY. Husband and Wife agree as follows regarding custody of their minor children, Garrett M. Woodward, bom November 2, 1987 and Jessica 1. Woodward, born December 19, 1993: A. Le2al Custodv. Legal custody of the minor children will be shared equally. Major decisions concerning their children, including, but not limited, to the children's health, welfare, education, religious training and upbringing shall be made by them jointly after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the children's best interest. Neither party shall impair the other party's rights to share legal custody of the children. Neither party shall attempt to alienate the affections of the children from the other party. Each party shall notifY the other of any activity or circumstance concerning their children that could reasonably be expected to be of concern to the other. Day-to-day decisions shall be the responsibility of the party then having physical custody. With regard to any emergency decisions which must be made, the party having physical custody of the children at the time of the emergency shall be permitted to make an immediate decisions necessitated thereby. However, the party shall inform the other of the emergency and consult with him or her as soon as possible. Each party shall be entitled to full and complete information from any doctor, dentist, teacher, daycare provider, professional or authority and to have copies of any reports given to either party as a parent pursuant to 23 15 la/.(crur eJcJ /~r/*.r~ be shared equally. M~or decisions conceming their children, including, but not limited, to the children's health, welfare, education, religious training and upbringing shall be made by them jointly after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the children's best interest. Neither party shall impair the other party's rights to share legal custody of the children. Neither party shall attempt to alienate the affections of the children from the other party. Each party shall notify the other of any activity or circumstance concerning their children that could reasonably be expected to be of concern to the other. Day-to-day decisions shall be the responsibility of the party then having physical custody. With regard to any emergency decisions which must be made, the party having physical custody of the children at the time of the emergency shall be permitted to make an immediate decisions necessitated thereby. However, the party shall inform the other of the emergency and consult with him or her as soon as possible. Each party shall be entitled to full and complete information from any doctor, dentist, teacher, daycare provider, professional or authority and to have copies of any reports given to either party as a parent pursuant to 23 Pa.C.S.A. 95309. B. Phvsical Custodv. Wife will maintain majority physical custody of the minor children and Husband will continue to have liberal rights of partial physical custody with the minor children which, at the very least will include every other weekend and every other holiday and two weeks in the summer. The parties will continue to share Christmas as they have in the past. C. Anti-Alienation. Neither party will disparage the other party in 16 /O!~'fj6S~ Wt/ /&//F.A..r/~ ~,'J;\'':_ the presence of the children and to the extent possible, will prohibit third parties in their presence from doing so. D. Subsequent Order. This custody paragraph is intended to be binding upon the parties and the parties agree that it may, at the request of either party, be incorporated into a custody order to be entered by the Court of Common Pleas of Cumberland County, Pennsylvania. 9. MEDICAL INSURANCE COVERAGE FOR HUSBAND. The parties acknowledge that Wife is currently providing medical insurance for Husband through her place of employment. Wife agrees to continue to provide said coverage until such time as a Divorce Decree is entered at which time her obligation to provide said coverage shall terminate. However, she shall cooperate in any way necessary should Husband choose to, at his own cost, elect COBRA coverage through said employer. 10. COUNSEL FEES, COSTS AND EXPENSES. Each party shall be solely' responsible for his or her own legal fees, costs and expenses incurred in connection with their separation and/or the dissolution of their marriage, and the preparation and execution of this Agreement. 11. WAIVER OF INHERITANCE RIGHTS. Unless otherwise specifically provided in this Agreement, as of the execution date of this Agreement, Husband and Wife each waives all rights of inheritance in the estate of the other, any right to elect to take against the will or any trust of the other or in which the other has an interest, and each of the parties waives any additional rights which said party has or may have by reason of their marriage, except the rights 17 I~/':;y/~ ~ /fJ"hA-JT./,h<) . . saved or created by the terms of this Agreement. This waiver shall be construed generally and shall include, but not be limited to, a waiver of all rights provided under the laws of Pennsylvania, or any other jurisdiction. 12. WAIVER OF BENEFICIARY DESIGNA TIaNo Unless otherwise specifically set forth in this Agreement, each party hereto specifically waives any and all beneficiary rights and any and all rights as a surviving spouse in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final pay checks or any other post-death distribution scheme, and each party expressly states that it is his and her intention to revoke by the terms of this Agreement any beneficiary designations naming the other which are in effect as of the date of execution of this Agreement. If and in the event the other party continues to be named as beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party. 13. RELEASE OF CLAIMS. (a) Wife and Husband acknowledge and agree that the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to ~3502 of the Divorce Code, and Wife and Husband hereby waive any right to division of their property except as provided for in this Agreement. Furthermore, except as otherwise provided for in this Agreement, each of the parties hereby specifically waives, releases, renounces and forever abandons any claim, right, title or interest whatsoever he or she may have in property transferred 18 I . AJ/.7yn,r- ~ /o/f.r;G. ./~ , to the other party pursuant to this Agreement or identified in this Agreement as belonging to the other party, and each party agrees never to assert any claim to said property or proceeds in the future. However, neither party is released or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. Husband and Wife shall hereafter own and enjoy independently of any claim or right of the other, all items of personal property, tangible or intangible, acquired by him or her from the execution date of this Agreement with full power in him or her to dispose of the same fully and effectively for all purposes. (b) Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either party may have or at any time hereafter has for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses, and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights and obligations arising under this Agreement or for the breach of any of its provisions. Neither party shall have any obligation to the other not expressly set forth herein. (c) Except as set forth in this Agreement, each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or 19 /of.z'(/~ tvtJ _c/,~pj:A!:.- ~ . obligations arising out of or by virtue of the marital relationship of the parties whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, courtesy, widow's or widower's rights, family exemption or similar allowance, or under the intestate laws or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country. (d) Except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever in law or in equity, which either party ever had or now has against the other. 14. PRESERV A nON OF RECORDS. Each party will keep and preserve for a period offour (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. 15. MODIFICATION. No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 16. SEVERABILITY. If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof 20 1~/.1'{/95"" /JU /o.~,//r'4r~, ',. ,,',. ...,,,.... shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 17. BREACH. If either party hereto breaches any provision hereof, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her. The non-breaching party shall be entitled to recover from the breaching party all costs, expenses and legal fees actually incurred in the enforcement of the rights of the non-breaching party. 18. WAIVER OF BREACH. The waiver by one party of any breach of this Agreement by the other party will not be deemed a waiver of any other breach or any provision of this Agreement. 19. NOTICE. Any notice to be given under this Agreement by either party to the other shall be in writing and may be effected by registered or certified mail, return receipt requested. Notice to Husband will be sufficient if made or addressed to the following: Wayne F. Woodward 4182 Elk Court #101 Mechanicsburg, P A 17050 and to Wife, if made or addressed to the following: Sandra A. Woodward 1424 Yorktowne Road Mechanicsburg, Pennsylvania 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. 21 /p/~r /6/fr)'d4 - ~ . ,'* 20. APPLICABLE LAW. All acts contemplated by this Agreement shall be construed and enforced under the substantive laws of the Commonwealth of Pennsylvania (without regard to the conflict oflaw rules applicable in Pennsylvania) in effect as of the date of execution of this Agreement. 21. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed 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. 22. EFFECTIVE DATE. This Agreement shall become effective and binding upon both parties on the execution date. 23. EFFECT OF RECONCILIATION. COHABITATION OR DIVORCE. This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect a reconciliation, cohabit as husband and wife or attempt to effect a reconciliation. This Agreement also shall continue in full force and effect in the event of the parties' divorce. There shall be no modification or waiver of any of the terms hereof unless the parties in writing execute a statement declaring this Agreement or any term of this Agreement to be null and void. 24. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the several paragraphs and subparagraphs hereof 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. 25. AGREEMENT BINDING ON PARTIES AND HEIRS. This Agreement shall 22 lo/.7v/d""" W /'PrftC../hd " ' ind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties. 26. ENTIRE AGREEMENT. Each party acknowledges that he or she has carefully read this Agreement; that he or she has discussed its provisions with an attorney of his or her own choice, and has executed it voluntarily and in reliance upon his or her own attorney; and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover and supersedes any and all prior agreements between the parties. This Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties. 27. MUTUAL COOPERATION. Each party shall, on demand, execute and deliver to the other any deeds, bills of sale, assignments, consents to change of 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 putposes 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. 28. AGREEMENT NOT TO BE MERGED. This Agreement may be incorporated into a decree of divorce for putposes 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 23 /4/.1v1lr ~ -<0, A,r/,.l r ~ .. . ~_ ,J. , not waived or released. IN WITNESS WHEREOF, the parties hereto set their hands and seals on the dates of /. /c,;.,~ _ -tL~ Cc:?!",J ,Q/ SANDRAA.WOODWARD WITNESS 24 .;\U:t'.,.,-,.- 1()1r1'1/.4~ tvt/ .",.,.Vj,fffii/~//Y~J.- J.w '.' .: J: COMMONWEALTH OF PENNSYLVANIA ) ) COUNTY OF CUMBERLAND ) BEFORE ME, the undersigned authority, on this day personally appeared SANDRA A. WOODWARD known to me to be the person who executed the foregoing instrument, and who acknowledged to me that he executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this J t' day of o c:teb0 ,2005. ~ Notary Public i Commonweal of Pennsylvania Typed or printed name of Notary: - Iarnrny S. ftllfS-f My commission expires: 7/6/0& NOTARIAL SEAL TAMMY S, FAUST, NolaJy Public Lower Allen Twp., Cumberland County My Commission Expires July 5, 2006 25 Ie f.7r/IS- IJ/ , /~ hrh,,- ....0..../" .' . . ~ .. COMMONWEALTH OF PENNSYLVANIA COUNTY OF-:J}l IIp-,l II ) ) ) BEFORE ME, the undersigned authority, on this day personally appeared WAYNE F. WOODWARD known to me to be the person who executed the foregoing instrument, and who acknowledged to me that she executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE thisdLj'!-i) day of (). -kJhc.-l... ,2005. ~~~~-s Commonwealth of Pennsylvania Typed or printed name of Notary: Gin~f-r L, ~i' My commission expires: :lHOfPEllMS'ft! IIOTARIAl SEAL GINGER t.. COMTZ. MGlARY PUBUC CITY OF HARRISBURG. DAUPHIN COUNIY MY COMMISSION EXPIRES MAY 11. 2008 /C/.<l{/4r W /v /'I'ft!,.- ~ SANDRA A. WOODWARD, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 02-4937 WAYNE F. WOODWARD, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on October 10. 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 in divorce after service of notice of intention to request entry of the decree. 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 herein 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. i~~&~rO Date: Jo,/.r;frt!'o- 'a < "tJo1 rnc,\ ~~~2.. -'.-.< r:" I.: ': ,<:, - ~;c ",--,---,. ::;;v C z: ::;!. ....---- .....' = = "-'" :;r: ~ I ~ 'P. o c:P ~ :T;! ron:!] :gfii '::i' ~:;1~\ ()?J ".7'-J r')iTl "::".::., 'r.- ::0 ~ - V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4937 SANDRA A. WOODWARD, Plaintiff WAYNE F. WOODWARD, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on October 10, 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 in divorce after service of notice of intention to request entry of the decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (c) OF THE DIVORCE CODE 1, consent to the entry of a final decree of divorce without notice, 2. I understand that' 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 herein 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. .q{cL.... d /dh10-0ce~ Sandra A. Woodward Date: /a)d'/o5' I' " a c;:. z_ oJ '""<;9" ''', \.~ . ~ ~~T' (;2:.; ;:-;. ~~- :y; C':, '~("': y~ :2 ....' ~ <-~ -;;r:. ~ \ Q. ~~ 1:;Q L',<~Q, ~.-:,' '...:; 'I ?'(") ...,.~. ~::;::. rf' :i~ b --\ ~ -R o CJ> ------ SANDRA A. WOODWARD, Plaintiff THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 02 - 4937 CIVIL WAYNE F. WOODWARD, Defendant IN DIVORCE ORDER OF COURT AND NOW, this ;':;1..z-, . day of /~')lituu 2004, the economic claims raised in the proceedings having been resolved in accordance with a marriage settlement agreement dated October 24, 2005, the appointment of the Master is vacated and counsel can file a praecipe transrnitting the record to the Court requesting a final decree in divorce. BY THE COURT, cc: ~rles Rector Attorney for Plaintiff ~,{j,/...,,,\ HI 1'$ . ; Hoffer, .P. J. vefndy S. Attorney Conley [oe oefOOdO~~~~ LA\~~ r-;rP \O'~ } :'1 SANDRA A. WOODWARD, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V, NO. 02-4937 WAYNE F. WOODWARD, Defendant 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 a divorce: irretrievable breakdown under Section 3301 (c) of the Divorce Code. 2, Date and manner of service of the Complaint: Affidavit of Service of certified mail to Defendant filed June 22, 2004. 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: by the Plaintiff 10/18/05, by the Defendant 10/24/05. (b) (1) Date of execution of the plaintiff's affidavit required by Section 3301(d) of the Divorce Code: (2) Date of service of the plaintiffs affidavit upon the Defendant: 4. Related claim pending: Settled - see Marital Settlement Aqreement. 5. Complete either (a) or (b) (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached, if the decree is to be entered under section 3301 (d) of the Divorce Code: (b) Date Plaintiffs Waiver of Notice in ~ 3301 (c) Divorce was filed with the Prothonotary 11/01/05. Date Defendant's Waiver of Notice in ~ 3301 (c) was filed with the Prothonotary 11/01/05. C' )AD A 1P~ ?::iff" Charles Rector, Esquire Attorney for the Plaintiff Date: 11/02/05 r--.> 0 c:~ = -n en - =? -- 0 rn~ -.{O;:: I 'Tln1 eel)'!' -l"'" f."""l '-.- ~:;J~t; -u '\;! ~S r;:: '-.;)?'l ":;! c..') ~.a C1' .< ;f'f.:+::+::+::f.:+: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . '+'f."'''':f :+::+:~:+: ~:f.:+::+:~:f.~ ~:+: :+:~ :f;t.;;t.;:f.:+::+::!;~ ;t.;~:+':f:+: :f.~:+:"'~~:f:+::+:~:+::+::+::+::+::+::f:+::+::+::+: :+::+':+::f~:+:~:+::+:~ . . . . . . . . . . IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA. SJ>.NDRJ>. J>. WOODWARD No. O?_4'n7 VERSUS WJ>.YNF. F. WOOnWJ>.Rn DECREE IN DIVORCE AND NOW, ~x .- "~~ IT IS ORDERED AND DECREED THAT Sandra A. Wnndwarn , PLAI NTI FF, AND , DEFENDANT, Wayne F, Woodward ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; None The Marital Settlement Agreement dated October 24, 2005, eXPl'llt.pd hy tnp prlyt;P~r ;~ rlTT::!l(""non nerotr\ -q-nA inC'QrporSltQd into this decree for enforcement purpos, es/~lY pursuant to Section 3105 of the Pennsylvania Divo~e/ ode. ,..~-A ~ .. ATTEST: PROTHONOTARY :+: :+: Of. :+::+: ~ :+: ~:+::+::+:;+:;+: :+::+: '+:+: '" '4' '4':f'l':f"''+';+::f'''''':f'4'+:+::f:+':+::+:'t.:+::+:~ '4'+'1' '+ ,+;+:'1' :+::+:;+::+: 'l'0f. +;+: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J. . . . . . . . . . . . H ~/ fI:': ~ -,r ~/. sa. M/~ ~ Jrv 1- /'tf"",,,'.6.l f'fJ '71 ),rJ -!. ,.. .. ~ ." ' ------ In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION WAYNE F. WOODWARD ) Docket Number 02-4937 CIVIL Plaintiff ) vs. ) PACSES Case Number 081107203 SANDRA A. WOODWARD ) Defendant ) Other State ID Number ORDER AND NOW, to wit, on this 22ND DAY OF NOVEMBER, 2005 IT IS HEREBY ORDERED that the support order in this case be 0 Vacated or 0 Suspended or W Terminated without prejudice or 0 Terminated and Vacated, effective NOVEMBER 21, 2005 , due to: THE PARTIES' MARITAL SETTLEMENT AGREEMENT OF OCTOBER 24, 2005. THERE IS A REMAINING BALANCE OF $990.60 THAT IS TO BE PAID ACCORDING TO THE PARTIES' AGREEMENT. BY CA1~ 'JUDGE Service Type M Form OE-504 Worker ID 21005 C) c () -)-, ::ej L, :-0 Co.) '",:' c,n c::> ~ ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsvlvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 11/22/05 Case Number (See Addendum for case summary) 02-4937 CIVIL 081107203 o Original ()rdpl-JNot"lcP o Amended Order/Notice o Terminate Order/Notice HIGHMARK INC C/O ATTN: PAYROLL 1800 CENTER ST CAMP HILL PA 17011-1702 RE: WOODWARD, SANDRA A. Employee/Obligor's Name (I as!, hrsL MI) 210-44-6563 fmployee/Obligor's Social Security Number 5755101258 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) (ustodiJI f\1rent's N,lme (l.ast, First, MI) Fmployer^Vilhholder's Federal EIN Number See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMA TlON: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 0.00 per month in current support $ 0.00 per month in past-due support Arrears 12 weeks or grmter? Oyes @ no $ 0.00 per month in current and past-due medical support $ 0.00 per month for genetic test costs $ per month in other (specify) for a total of $ 0 . 00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 0.00 per weekly pay period. $ 0.00 per biweekly pay period (every two weeks). $ 0.00 per semimonthly pay period (twice a month). $ 0 .00 per monthly pay period, REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice, Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings, For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCOU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PA YMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. Date of Order: NOV 2 ~'. 2005 J ge Form EN-028 Worker 10 $IATT Service Type M O!\lB No.: O'170-()1 c,.~ ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS o If checked you are required to provide a copy of this form to your employee. If your employee.works in d state that is different from the state that issued this order, a copy must be provided to your employee even it the hox is not C"hecketi. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in d single payment to each agency requesting withholding. You must, however, separately identify the portion of the single paympnt that is attributable to each emploype/obligor. 3.' Reporting the Paydate/Date of Withholding: You must report thepaydate/date of withholding when sending the payment. The paydatefdate of withholding is the date on which amount was.withhetd from the employee's wages. You must comply with the law of the state of the employee/s/obligor's principal place of employment with respect to the time periods within which you must implement thp withholding order and for..,vard the support payments. 4. * Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor/s principal place of employment. You must honor all Orders/Notices to thp greatest f'xtent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested dnd return a copy of this Order/Notice to the Agenry identified below. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 2312947230 EMPLOYEE'SIOBlIGOR'S NAME: WOODWARD. SANDRA A. EMPLOYEE'S CASE IDENTIFIER: 5755101258 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payment; such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable (or both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subiect to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or silt' is emploYf'd governs. 9. * Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.c. ~ 1673 (b) 1; or 2) the amounts allowed by the State of the employee's/obligor's principal place of t>mployment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Securi1y taxes; and Medicare taxes. For tribal orders, you may not withhold more than the amounts allowed under the law of the issuing tribe. For tribal employers who receivp a state order, you may not withhold more than the amounts allowed under the law of the state that issued the order. 10. Additional Info: 'NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Submitted By: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Worker 10 $IATT Service Type M ()1\-1B No.,O')70.(}lS.j ADDENDUM Summary of Cases on Attachment Defendant/Obligor: WOODWARD, SANDRA A. PACSES Case Number 081107203 Plaintiff Name WAYNE F. WOODWARD Docket Attachment Amount 02-4937 CIVIL$ 0.00 Child(ren)', Name(s): PACSES Case Number Plaintiff Name DOB Dockpt Altachment Amount $ 0.00 Child(ren)'s Name(s): DOB o If checked, you are required to enroll the child!ren) identified above in any health insurance coverage available through the employee's/obligor's employment. o If checked, you are required to enroll the child(ren) identified above in any health insurance cow'rage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child!ren)'s Name!s): DOB Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB o If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. o If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name!s): DOB Docket Attachment Amount $ 0.00 Child!ren)'s Name!s): DOB Olf checked, you are required to enroll the child!ren) identified above in any health insurance coverage available through the employee's/obligor's employment. Dlf checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. Addendum Form EN-028 Worker ID $IATT Service Type M OMB No.: O"70-()154 C) ,,' r"') C) ,...,' CF' -(1 v....,"" :::t <.::') h;~ !'.) 'T_~ GO : , ~", c.) ,".; en I:.... ___i C) -< ------------ it-- JAN 0 I) Z006 cf Sandra A. Woodward IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW Wavne F. Woodward NO. 02-4937 QUALIFIED DOMESTIC RELATIONS ORDER Identification of Parties: 1. The name, social security number, address and birth date ofthe Participant is as follows: Sandra A. Woodward 1424 Yorktowne Road Mechanicsburg, PA 17050 Social Security No.: 210-44-6563 Date of Birth: December 21, 1957 2. The name, social security number, address and birth date of the Alternate Payee is as follows: Wayne F. Woodward 4182 Elk Court, #101 Mecharricsburg,PA 17050 Social Security No.: 168-48-2645 Date of Birth: September 16, 1955 Name of PIan to which this Order Applies: Hil!hmark Investment Plan (the "Plan") Plan Sponsor: Plan Administrator: Highmark, Inc. Mr. Rich Little Highmark, Inc. 1800 Center Street P.O. Box 890089 Camp Hill, PA 17089 QDRO Page 2 Award to Alternate Payee: 1. Alternate Payee will obtain $114,447 of the value of the Participant's vested account balance under the PIan determined as of March 31,2005. Such amount shall be taken first from the Participant's "before tax" vested account balance and then, to the extent necessary, from the Participant's "company match" vested account balance. 2, The determined amount will either be increased or decreased to reflect its share of any investment earnings or losses credited to the Participant's account between March 31, 2005, and the date of assignment of the calculated award to a separate account in the Alternate Payee's name under the Plan. 3. The calculated award determined above shall be transferred to a separate account under the PIan in the name of the Alternate Payee as soon as administratively feasible. The income, accruals, gains, and losses experienced by such account maintained for the Alternate Payee are to accrue to such account. The Alternat,c Payee shan have investment management rights pursuant to the provisions of the Plan for his account under the Plan. The Alternate Payee may elect to receive distribution from his separate account in accordance with the terms of the Plan without reference to the Participant's attainment of "earliest retirement age," as defined in Section 414(p)(4)(B) of the Internal Revenue Code of 1986, as amended. The assigned amount shall remain in the separate account in the Alternate Payee's name under the Plan until such time as the Alternate Payee elects a distribution in accordance with the terms of the Plan. In addition, the Alternate Payee may name a beneficiary or beneficiaries to receive any amount payable from his account under the Plan as a result of his death. 4. Mter assignment of the calculated award to the Alternate Payee's account under the Plan, the Participant shall be awarded all right, title and interest in and to the Participant's account balance, as reduced above, under the PIan free and clear of any interest of the Alternate Payee. 5, In the event of the Participant's death, there will be no effect on the payment of the benefit assigned to the Alternate Payee hereunder. With respect to the Participant's account balance under the PIan not assigned to the Alternate Payee under this order, the Alternate Payee will not be entitled to any survivor benefits. 6. In the event of the Alternate Payee's death before receipt of the assigned benefit, such benefit shall be payable to the designated beneficiary of the Alternate Payee or, if there is no designated beneficiary, to the Alternate Payee's (a) spouse or, if none, (b) living children or, if none, (c) living parents or, if none, (d) living brothers and sisters or, if none, (e) estate; provided, however, that once benefits have commenced to the Alternate Payee, the form of benefit elected shall determine if any additional amounts shall be paid upon the Alternate Payee's death. QDRO Page 3 Compliance with the Provisions of the Law: It is this Court's intention that the provisions of the Order operate as an effective assignment of said interest under both state and federallaw, for all purposes, and constitute a "Qualified Domestic Relations Order," in compliance with Section 414(p) of the Internal Revenue Code of 1986, as amended and Section 206(d)(3) of the Employee Retirement Income Security Act of 1974, as amended. This QDRO is granted in accordance with 23 Pa.C.S.A. S3502, which relate to marital property rights, child support, and/or spousal support between spouses and former spouses in matrimonial actions. In the event that it is subsequently determined by the PIan Administrator for the Plan, by a court of competent jurisdiction, or otherwise, that the provisions of this Order fail to meet the requirements of a "Qualified Domestic Relations Order," both parties shall cooperate fully and shall execute any and all documents necessary to obtain an Amended Judgment and Decree containing an Order of this Court, meeting all requirements of a "Qualified Domestic Relations Order," and this Court expressly reserves jurisdiction over the Participant's benefits in the above named Plan as of the date of entry of the Judgment and Decree, in order to effectuate the assignment of benefits ordered above. This Order supersedes all previously filed Orders in this matter relating to this subject. Savings Clause: This order is not intended, and shall not be construed in such a manner as, to require the Plan: a. to provide any type or form of benefit option not otherwise provided under the terms of the PIan; b. to increased benefits, other than through the accumulation of earnings, c. to require the payment of any benefits to the Alternate Payee which are required to be paid to another Alternate Payee under another order which was previously deemed to be a QDRO. PIan AdministrationlRecovery of Excess Amounts: 1. The Alternate Payee is ordered to report any retirement payments received on any applicable income tax return. The Plan Trustee is authorized to issue a form 1099-R on any direct payments made to the Alternate Payee. 2. The Alternate Payee shall keep Highmark, Inc. informed of his current address. Notice of change of address shall be made in writing, witnessed by a Notary, and mailed to: Ameriprise Trust Company Attn: QDRO Administrator 1344 Ameriprise Financial Center Minneapolis, MN 55474 QDRO Page 4 3. In the event that the PIan Trustee inadvertently pays to the Participant any benefits that are assigned to the Alternate Payee pursuant to the terms of this order, the Participant shall immediately reimburse the Alternate Payee to the extent that she has received such benefit payment and shaH forthwith pay such amount so r{,ceived directly to the Alternate Payee within ten (10) days of receipt. 4. The Participant and the Alternate Payee shaH hold the Plan, Highmark, Inc., and any fiduciary harmless from any liabilities, which arise from this domestic relations order, including aH reasonable attorney's fees which may be incurred in connection with any claims which are asserted because the PIan honors this order. ~ / a/J <<~j/ ;/ Participant ///ol .9 /o,r / Date Judge //(0/00 , Date \ t Lol Ob Date . (p / 0,0 ( C\' \ , LIJ ~~J- j:.:..: t,t~ Cl 0: ;- o Cl 0;.; -") 'i...L-. '--'-, (:;:-, C~_; ",,", ~---) U .- ---..- .----