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HomeMy WebLinkAbout00-01822 . :f. Of. "':F.'" ;t; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. JOHN E. DesLAURIER, Plaintiff No. 2000-1822 CIVIL TERM CIVIL ACTION - LAW VERSUS IN DIVORCE MARIE V. DesLAURIER, . Defendant AND NOW, DECREE IN DIVORCE \; vQ, 19 2002 , IT IS ORDERED AND DECREED THAT JOHN E. DesLAURIER , PLAINTIFF, AND MARIE V. DesLAURIER , DEFENDANT, . ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; NONE . J. . Am'T' ~ ~ IJ!!liA - -"! P'OTHONOT AM ',", ., ~ , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i iWiiIliI"'~';"-'" JJ ~~,;~i-' j' - ~-_~~_cl._;' tft, 6- '0;2 '(J,) ~"~ ~,c..'"_ ~,-. , ,,,.,'.. ,. M.~~~4.~ '71~ ~~4~ JOHN E. DesLAURIER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2000-1822 CIVIL TERM MARIE V. DesLAURIER, Defendant 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: I. Ground for Divorce: Irretrievable breakdown under Section 330 I (c) of the Divorce Code. 2. Date and manner of service of complaint: A certified copy of the Complaint in Divorce was served upon the defendant, Marie V. DesLaurier, on April 4, 2000, by certified, restricted delivery mail, addressed to her at 445 Ponderosa Road, Carlisle, Pennsylvania 17013, with Return Receipt Number Z 013 331 676. 3, Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by plaintiff: June 4, 2002; by defendant: June 4, 2002 , (b)(I) Date of execution of the affidavit required by Section 3301(d) of the Divorce Code: (b)(2) Date of filing and service of the plaintiffs affidavit upon the defendant: 4, Related claims pending: NONE, 5. Complete either (a) or (b). (a) Date and manner of service of the Notice of Intention to file Praecipe to Transmit Record, a copy of which is attached: (b) Date plaintiffs Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: June 4, 2002. Date defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: June 4, 2002. '~-'- 'f,,-,,,.,-";,~ ""r""~_-r'_,","'___' - -~"f"_~-"''''~' W,o,', '~_""_',_ ."__;"'"',<';..";7';""'-';' '.,",',,_,._ -'.'." ~, ~--,,' - , ' .,- ~ ..... '<.. , ~ i " ~.~ ,> , " ~~?"~" ,~..."""'"~., . 0 0 0 C N ..,.., s: L- ~.~~ ""Om c: T ~f11 S!: :"lifIJ ::r.; u~' ZS; :0 ~ c, C--:J ~6 --l(. - > -....-r; ~ ::e i5" "'"7(") ",.0 ~O om )>c z: r:- ?i5 -< -< en -< 1lm-.,,~_~ .~I,!1I1I JOHN E. DeslAURIER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVil ACTION. DIVORCE NO. 00 - IP).~ CIVil TERM IN DIVORCE vs. MARIE V. DesLAURIER, Defendant NOTICE 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 wamed 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 at the Cumberland County Court House, Carlisle, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 FLOWER, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff By: Carol J. n 10#44 11 East High Street Carlisle, PA 17013 (717) 243-5513 Date: a/~/oo :i",-''''-' Deslaurier complaint in div tjb March 13, 2000 Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION. DIVORCE NO. 00. JF.22 CIVIL TERM IN DIVORCE JOHN E. DesLAURIER, Plaintiff vs. MARIE V. DesLAURIER, COMPLAINT JOHN E. DesLAURIER, Plaintiff, by his attorneys, FLOWER, FLOWER & LINDSAY, P.C" respectfully represents: 1, The Plaintiff is John E. DesLaurier, who currently resides at 445 Ponderosa Road, Carlisle, Cumberland County, Pennsylvania, where he has resided since December 1, 1988. 2. The Defendant is Marie V. DesLaurier, who currently resides at 445 Ponderosa Road, Cumberland County, Pennsylvania, where she has resided since November 1, 1998. 3. The Plaintiff and Defendant both have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4, The Plaintiff and Defendant were married on July 31, 1999, in Carlisle, Pennsylvania. 5. That there have been no prior actions of divorce or for annulment between the parties in this or in any other jurisdiction. 6. The Plaintiff avers that she/he is entitled to a divorce on the ground that the marriage is irretrievably broken and Plaintiff is proceeding under Sections 3301 (c) and/or (d) of the Divorce Code, Deslaurier complaint in div ljb March 13, 2000 7. Plaintiff has been advised of the availability of marriage counseling and of the right to request that the Court require the parties to participate in marriage counseling, and does not request counseling. WHEREFORE, Plaintiff requests the Court to enter a decree of divorce. Date: ;tttlA/dt U;;.2..t/IiJO C',;' ,'.~' . ,_",,:,.,.0"7'.'_,,7,'_ FLOWER, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff By: , r,.' ~c- ~_ .:"'" 'c'" Carol J. Li dsay, Esquire 10#446 11 East High Street Carlisle, PA 17013 (717) 243-5513 DesLaurier complaint in div ljb March 6, 2000 VERIFICATION I, the undersigned, hereby verify that the statements made herein are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa, C,S. S 4904, relating to unsworn falsification to authorities. 1t.J e:. A ) "'1~.(/.r.>/P-<-., (I John E. esLaurier Date: "-WA//.fl2J 1.3 j ,Jar}") )If" --~ , " " ,-" .~ - .... ~- -~,~ ,~ '"~ .' . .. -;"'" ~"?~-" '"' ~ _,~,"~"'l~"!'I'~'""'~ ~ ~'" . ~~,' o c $: -Or,C mfr' Z:u ZC;:' ,.,"oj .';'" ~:z :<0 :> ZO ,....0 )>c ~ " " <;:) Q o -11 :::= O"::l N ~:n ----::J!:n ~'"~)'v ,:;,~: (~) ,-'",; 26 orn c-l ;;;:; :< ~ o r::- ,f..- " . ~ ,-' -~~, ~~ "'r'!~'~' , ,~~~ Deslaurier complaint in div , , tjb April 10, 2000 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 00 - 1822 CIVIL TERM JOHN E. DesLAURIER, vs. MARIE V. DesLAURIER, Defendant IN DIVORCE AND now, this CERTIFICATE OF SERVICE J (J'ft.. . day of , 2000, I, CAROL J. LINDSAY, Esquire, of the law firm of FLOWER, FL.: WER & LINDSAY, Attorneys, hereby certify that I served the Defendant, MARIE V. DesLAURIER, on April 4, 2000 with the Complaint in Divorce by Certified Mail, Return Receipt Requested, Restricted Delivery, Addressee Only, addressed to: Marie V. DesLaurier 445 Ponderosa Road Carlisle, PA 17013 and proof thereof, the signed Return Receipt Card, is attached hereto. FLOWER, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff By arol J. Lindsay, Esquire D # 44693 11 East High Street Carlisle, PA 17013 (717) 243-5513 DesLaurier complai~l in diY, ljb April 1 0, 2000 JOHN E. DesLAURIER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - DIVORCE NO. 00 - 1822 CIVIL TERM MARIE V. DesLAURIER, Defendant IN DIVORCE PROOF OF SERVICE ,. I , tv l~r~_, 3;"4&; ~ 4b. "urn'amB-n adi:li'e_ss on the reverse of this formaD thai we can return this ~. mls form-to the front of the mailpiece, or on the backff spa~,doeS-not- ~;\\!lu,~~__lIle 0I1OWi1\g Salvi,",s (lor an extra fee): '1. tJ Addressee's Addrell$ . ,%J.201. Aest.<i!ictedO~~e~) , ,;t! '.' . ,.,.e:e I nsull postmaster r fee. 4e. Arti.le Number Bl L O'3"~:i~l L.-lv. i 4b. Service Type ? o Registered Et-C"" o ExpreSs Mall 0 Insu o Retum Recelptior Merchandise 0 cor 7.0aie .. % ~Retl;lm.-RspeJpt R~queSted. on',th$ ,~i1pleC8 bJloyi'tIl~, artlcts-nyrnb_er. . _Rlirt_um 'Receipt will show to wholtl'the- article was'defivered-and-th$-date lliIlivered. , cle Addressed 10: ~\~ '-( .'be5.6u.'Ie..( '\.\L\S~a~~~~ ~\\~\e.., '\JA. \l.O\~ ",. B. Addressee's Address (Only if request.'-'- ." and fee Is paid) . - i ; ,ll; ." j j j j j j j j} i f!\ Iii uu ~:' ' !lliilii.t-" i _c ilol.i!lldbl ~-,~ -. ~ -, ;;J; r:J) CJ ~ ;3$ ~Z i;d~ I~i /..i! ~, , j~~ ~,::..- :::> (,) ':~ '! ~ y 1.: JI: ;:) ::> --.-~"'~~' ~. '-'"" ,l. " ~ ii i !' ;;,j ~ , 11 'I ~i , , \~")TJ.{{{ <...t~ f- r,q \ I, P\'~ 0~ (\ 0 'J0 P,,( Co, ~ \., ,l ' ."r Ci \~,,:,::':---:'I:/ .-',;.',('-, (~{)<\ \~\,ri\(' Vli;!...-o'...." \\_f', ~\) V~ -.' . \ pt.~,lN~)'{\S f\N\A JOHN E. DES LAURIER, Plaintiff, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. . ,~ CIVIL ACTION - LAW No. 00 - 1822 CIVIL TERM " MARl V ANGI DES LAURIER, Defendant. IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT I. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on March 24, 2000. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3, I consent to the entry of a final decree in divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. -.:: I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa, C. S, Section 4904 relating to unsworn falsification to authorities. :1 I i'l ij I i 'I " il ,I , 1 !,j i " ,} :1 I i :1 " i'l " :'i I Date: (Qlqjo~ J1j~~JJA~c;~ t~~. DESLAURIE 'j 'j " 'J 'i ,.) 'j "1 '__c,.c_: 'J_""',,:~,',":~_'c ,,~, -,~1:_-.'fT;,-,'-'""",- <.d',. -',~,'-' -'- ~--- - . *,', ~ .,"',-- . ,~, ,-,'-- --~" -, ,,'" ~-'-'" ~~ .",,". ~, "" <', -.-'. _'7:,""':'/_":0,_'''_,,,*,",,,,,,,,.,,, --:'-~'t?"-~_., ,-',-"-- -~--:-;,.""~~ ,- 'I~n 0 C) ( ) C f~ -"1"1 S C_ 'l:J [X , c= 1""n ~r: '-',"" ~ ~ C0 " <..,~. (,9 ,~ ~ )~~ ~\) " _~k L~ (J t;.. p. 5~ -..j :J:l " , 0 -< "', -,,<. ."'~ .-' ,~J~~ JOHN E. DES LAURIER, Plaintiff, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : No. 00 -1822 CIVIL TERM MARl V ANGl DES LAURIER, , Defendant. : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUES'f ENTRY OF A DIVORCE DECREE UNDER SECTION 330Hc) OF THE DIVORCE CODE I. 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 med with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa, C,S. Section 4904 relating to unsworn falsification to authorities. Date: ,jl.j 10;. , r Jt./G:;)1iP/H//;... , ~HN E. DESLAURI Iaintiff II il Ii H l: ii f; " (' II I I i1 il ~ 1 il h ,1 If '-,< -,~. _,4." ,-:: -",?-~-,"f' -~- '._yo" "~,~,~-,-'"'-1;""-'_-!':_ "~'_' :,_;",-~_,____;_"_c""'_,,, "___'_~""__ ,"' , _ 'v,_,_~._, _", , -,-' . ill r>",_"__,.. '''''"' '""',,',...." "'.."......,..,"..,'..,,..'..' ,_.'-,i,'_ -\,_", ," .-,<~_~, '__,"_:'~~'_ . _~ _v<'''":'_~_:,'~~___ ',""",,- .. o ~.;: -Of'; : mf';-: ?~; L,_ CJ:I ,-. ~<~,. r:r ~f3 -- 1..-.- ~j -( .~ ..,-,"-- ,,,'" .....,._..'~"'I a h.) '- ~~ -Ci ~-;. ~~-. 'D =~(~ i, v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-1822 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE JOHN E. DES LAURIER, i 1 Plaintiff MARl VANGI DES LAURIER, Defendant DEFENDANT'S AFFIDAVIT OF CONSENT, ACCEPTANCE OF SERVICE AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301 (C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301 (c) of the Divorce Code was filed on March 24, 2000. 2. Defendant has acknowledged receipt and accepted service of the Complaint. 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4. I consent to the entry of a final decree in divorce without notice. 5. 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. 6. 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. 7. I have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: JaAl:lar:y ~g, 2602 '(v-, V. 3v/le. '1 ;zo.o 2.- , . Yr7o~ Th;~ Mari Vangi Des urier "_",_'. _00 -->,__ ~ __ ,.~,<. ~ h~ () (:::) (-) c f'....) "\) s::. '- -0 Ct '- nl r,-, ~ Z ~,' zc;:: (fJ ,', -<",: r:::C 'V '- :J.:;C~ ."",.' .~,-,~ /-,.~, S>C':~ ,-,~ ,-, :Z ~" ::2 <0 ~:g ", ,'," ~_e- .' ""~ .0 _ ~ "",~,', _,_~_~_,_'T~_'~,-' c" ""''''",,'', ~' ~~~4,,,~1 ~..,,~ ~~,.lM~~_~~ ~~ _.<,,~~ '", , "'..:~ ~ ~h~{ L1 JOHN E. DES LAURIER, Plaintiff IN THE COURT OF COMMON PLEA OF CUMBERLAND COUNTY, PENNSYLVANIA Vs. NO. 00 . 1822 CIVIL MARl VANGI DES LAURIER, Defendant IN DIVORCE THE MASTER: Today is Wednesday, January 30, 2002. This is the date set for a hearing to take testimony on the date of separation of the parties. The Master has been advised, however, that counsel and the parties have reached an agreement with respect to all of the outstanding economic issues and wish to proceed with a statement of the agreement on the record and ultimately conclude the divorce by the signing and filing of affidavits of consent and waivers of notice of intention to request entry of divorce decree. The divorce action was initiated by complaint filed on March 24, 2000. The complaint raised grounds for divorce of irretrievable breakdown of the marriage; no economic claims were raised in the complaint. On January 16, 2001, the Defendant filed a petition for alimony pendente lite; on October 8, 2001, the Plaintiff filed an amended complaint raising the economic claim of equitable distribution; on October 18, 2001 the Defendant filed a counterclaim raising the economic claim of alimony. No claims have been raised in the action for 1 "'-~ , F . counsel fees and costs. The parties were married by acknowledging a common.law marriage pursuant to an affidavit dated July 2, 1998, and signed by both parties. The affidavit was sworn to and subscribed before a notary public on July 2, 1998. Pursuant to the affidavit, the date of the affidavit is the date of the marriage of the parties. The affidavit is made a part of these proceedings. The affidavit is in the Master's file but has not been clocked in or filed with the Prothonotary. There was an issue that was raised at the conference on December 11, 2001, regarding the date of separation. Husband averred that the date of separation was November 5, 1999, and wife averred the date of separation was March 31, 2000. Counsel have indicated that they do not believe that it is necessary that we specifically arrive at a date of separation inasmuch as the economic issues have been resolved and the date of separation will not be relevant to determining valuations in the case. An agreement is going to be placed on the record in the presence of the parties. The agreement as stated on the record will be considered the substantive agreement of the parties not subject to any changes or modifications except for correction of typographical errors 2 . -- . ~- 'I," - which may be made during the transcription. The agreement as placed on the record will be transcribed and then will be sent to counsel and the parties to review for typographical errors, any corrections of typographical errors will be made, and then the agreement will be presented to the parties and counsel for signature. The purpose of signing the agreement will be to affirm the terms of settlement as stated on the record. It is specifically noted, however, that when the parties leave the hearing room today, even though there is not a subsequent signing by the parties to affirm the terms of settlement, they are bound by the terms of the agreement as stated on the record at this time. Upon receipt by the Master of the completed agreement from counsel, the Master will prepare an order vacating his appointment and counsel will then be in a position to file a praecipe transmitting the record to the Court requesting a final decree in divorce. As previously noted, the parties are going to obtain the divorce under Section 3301(c) of the Domestic Relations Code. Counsel are charged with filing the affidavits of consent and waivers of notice of intention to request entry of divorce decree within seven (7) days of today's date. Mr. Miller. MR. MILLER: 3 -~. , . 1. Plaintiff agrees to pay to Defendant a lump sum payment of $3,485.00 in consideration of equitable distribution claims. Said payment shall be made within seven (7) days from today's date. Payment will be made by check made payable to Defendant and delivered to Defendant's counsel within the specified time period. 2. Plaintiff shall pay COBRA benefits for Defendant for a period of 19 months. According to the Central Pennsylvania Teamster Health and Welfare Fund, the current rate is $303.00 per month. In the event Defendant, through her employment, is able to obtain insurance at no cost to her, Plaintiff's obligation to provide COBRA benefits shall end. Plaintiff's obligation to provide COBRA benefits shall not extend in any event beyond 19 months. To that end, Plaintiff agrees to provide coverage during the 19.month period even if said amount increases. The payment obligation and coverage shall commence the date that Plaintiff provides notice to his employer that the divorce has been finalized. 3. The parties agree to be responsible for any debts that are in their name and to that end, agree to indemnify and hold harmless the other party for any debts that they are responsible for. Specifically, husband agrees to be solely responsible for the home equity loan currently against the property at 445 Ponderosa Road, Carlisle, Pennsylvania, and hold Defendant harmless from any responsibility or obligations under that home equity loan. 4. form life The parties agree to waive any of pension or other retirement insurance in the other parties and all claims to any plans and any form of name. 5. Defendant agrees to waive any right, title or interest that she has to the real estate located at 445 Ponderosa Road, Carlisle, Pennsylvania, and any other real estate in Plaintiff's name. 6. The parties agree to cancel the current alimony pendente lite order through Domestic Relations effective February 1, 2002. In the event any payments are received by Defendant as a result of wage attachments after February 1, 2002, appropriate credit will be given to Plaintiff. 7. Defendant agrees to deliver to Plaintiff a military pistol currently in her possession but owned by Plaintiff. Plaintiff agrees to register said weapon. The parties have made arrangements for return of the item, which shall 4 :---<-""'~'r" .' ,., """"'1"'~ be done no later than ten (10) days from today's date. Other than the item referenced above, the parties waive any and all right, title and interest they have to any tangible personal property in the other person's possession. All tangible personal property in the possession of either party shall remain their property. 8. Defendant agrees to withdraw her claim for alimony in this action. 9. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. THE MASTER: I neglected, when we began the remarks on the record, to identify who was in the hearing room at the time that the agreement was to be placed on the record. Present are the Plaintiff, John E. Des Laurier, and his counsel Douglas G. Miller, and the Defendant, Mari Vangi Des Laurier, and her counsel Michael A. Scherer. Both parties were present when we began the statement of the agreement on the record and are still in the hearing and are going to be addressed on the record regarding their presence and their understanding of the agreement. Mr. Miller. 5 ". ,- -., ., -, - . . " . _._r MR. MILLER: Mr. Des Laurier, you've been present for the agreement as it was read on to the record? MR. DES LAURIER: Yes, sir. MR. MILLER: And do you understand the terms as they have been read on to the record? MR. DES LAURIER: Yes, sir. MR. MILLER: And do you agree with the terms and conditions as they have been read on to the record? MR. DES LAURIERi Yes, sir. MR. SCHERER: Marie, have you had an opportunity and enough time to consult with me in this divorce case before reaching this agreement today? MS. DES LAURIER: Yes, I did. MR. SCHERER: Have you been present throughout the dictation of the agreement this morning? MS. DES LAURIER: Yes, sir. MR. SCHERER: Did you understand the terms of the agreement as it has been dictated? MS. DES LAURIER: Yes, sir. MR. SCHERER: And is it your desire to enter into the agreement as dictated? MS. DES LAURIER: Yes, sir. 6 ~ ~ ~. MR. SCHERER: Has anybody forced you or coerced you to settle this case this morning? MS. DES LAURIER: No, sir. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: DATE: Douglas G. Miller Attorney for Plaintiff John E. Des Laurier Michael A. Scherer Attorney for Defendant Marie Vangi Des Laurier 7 ". ~ ~o_" ~_, 'pt _ _ "':--"" ~ >, 'J6*r4 t.~lAvi~ fktf1w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL ACTION - LAW vs. ~i V~j ~lMA~ NO. 00,;' I ~'Y'J..-CIVIL 19 IN DIVORCE STATUS SHEET DATE: ACTIVITIES: ~ - ~CU:~ Oo~ 6/10"D~ , ~ -,. ,.'/- ~~. ~~~,.. ~~ ~~.oM ~ ft:J~qrl.~, w..<.4~~ .~ ~ I Ii I Ii Ii I I ri " :J I: ! l- I ,'T{t- , . --.. . JOHN E. DES LAURIER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff ,CIVIL ACTION - LAW vs. NO. 00 - 1822 CIVIL 19 MARl V ANGI DES LAURIER IN DIVORCE Defendant STATUS SHEET DATE: o'~ IV\ 1k , , N. ~1'fl ~,l)'51 '1-; /) {un '- ~ ?fr rb ~ ~rrAY10~ p. ~. foof ~~~ ~\Y,\~ ~ .11<<L\?;r"- " . ~ JOHN E. DES LAURIER, plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 00 - 1822 CIVIL MARl VANGI DES LAURIER, Defendant IN DIVORCE TO: Douglas G. Miller Attorney for Plaintiff Mari Vangi Des Laurier Defendant DATE: Wednesday, October 10, 2001 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. . (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. DATE COUNSEL FOR PLAINTIFF COUNSEL FOR DEFENDANT NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. . ", JOHN E. DES LAURIER, PLAINTIFF/PETITIONER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. MARl VANGI DES LAURIER, DEFENDANTIRESPONDENT 00-1822 CIVIL TERM ORDER OF COURT AND NOW, this b+---' day of May, 2002, upon consideration of the within Defendant/Respondent's answer to petition for special relief, and noting that the Divorce Master has been appointed by the court in this case and a conference has been scheduled in this matter for June 4, 2002, before the Divorce Master to address the matters raised in the within petition for special relief, the petition for special relief is hereby referred to the Divorce Master. The hearing scheduled before this court on May 22, 2002, at 3:00 p.m., IS CANCELLED. However, the part of the order of April 26, 2002, providing that all APL payments shall be placed in escrow shall remain in effect pending an order to be entered following consideration by the O' orce Master. Douglas G. Miller, Esquire For Plaintiff/Petitioner Michael A. Scherer, Esquire For Defendant/Respondent Domestic Relations Office Divorce Master :saa ~, LV. . -h.0 1~1'L ~6tJ-d ~ '], il II ,,--., ,- co, ,,~,__, .-'-, _"" "'l~' .'. . ,., - JOHN E. DES LAURIER, PLAINTIFF/PETITIONER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V, MARl VANGI DES LAURIER, DEFENDANDRESPONDENT 00-1822 CIVIL TERM ":' ORDER OF COURT AND NOW, this bY-- day of May, 2002, upon consideration of the within Defendant/Respondent's answer to petition for special relief, and noting that the Divorce Master has been appointed by the court in this case and a conference has been scheduled in this matter for June 4, 2002, before the Divorce Master to address the matters raised in the within petition for special relief, the petition for special relief is hereby referred to the Divorce Master. The hearing scheduled before this court on May 22,2002, at 3:00 p.m., IS CANCELLED. However, the part of the order of April 26, 2002, providing that all APL payments shall be placed in escrow shall remain in effect pending an order to be entered following consideration by the D' orce Master. , J. " Douglas G. Miller, Esquire For Plaintiff/Petitioner Michael A. Scherer, Esquire For Defendant/Respondent D7iC Relations Office /vorce Master :saa '7' T ~---~ JOHN E. DES LAURIER, PlaintifflPetitioner, v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW No. 00 -1822 CIVIL TERM MARl V ANGI DES LAURIER, Defendant/Respondent. IN DIVORCE ORDER OF COURT AND NOW, this e b day of ~, 2002, upon consideration of the within Petition for Special Relief, it is hereby ordered ami A~ th~t~ ~ ~b plrylllt:ul uf alhnully j)e;ntIt;nte lite ts }:)@:f:@Il?ont tiated February 26.2001 anti offil::J:RilQ ell J""e_ I*, Z.881, ~~ hLll~) LllLLinatea, 8f Hi tiK dll'-'H~,d~._ tl.1:iJ: tl:t€ eefttilllim.g A:PL f)B)'Tfleatg are ~d~Placed in escrow pending a Mila.], H~.:.Lli':'j, l'lftl.:. ~_ll!l. A hearing is scheduled for 'fJ14 Ja ,2002, at:) ',00 o'clock -,lL' m., in Courtroom # ~, Cumberland County Courthouse, Carlisle, Pennsylvania 17013. J. -- <'-r"" 11lIItu ~~- .. ". ". 5, _ ,j _~ " -~, '"'~ - --"' '. .........;.".~' O~ or: "\"CC ell. \:\'1-0'( '"\ ,\- "I \ >< ,,-' .,,\,\^;\~,:\\ ':\-\\~' ~,:::_\ ',i,.\ ; ,;,__",,'-~I.J I' r') ',cO ',/<:\ U... ~,,\ \\ ~... ~ ' ('",. \,:, (\\'1 \\). v ,_ ,.,.",1 \t,\"'rJ _, ,_,-" __"'," __ \ \ \ 'u\~\ i C\ ,\,:;>\..\.~" h\..~t.... ~/.y IjfJ\....."-.\.....;. \J,,'\1f ?C~'\\::'0 '{\} j"\N\i\ 1~ JOHN E. DES LAURIER, Plaintiff/Petitioner, v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW No. 00 -1822 CIVIL TERM MARl V ANGI DES LAURIER, Defendant/Respondent. IN DIVORCE PETITION FOR SPECIAL RELIEF AND NOW, this 24TH day of April, 2002, comes the Plaintiff/Petitioner, John E. Des Laurier, by and through his attorneys, Irwin, McKnight & Hughes, Esquires, and files this Petition for Special Relief making the following statements: 1. The Petitioner is John E. Des Laurier, an adult individual residing at 445 Ponderosa Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Respondent is Marie V. Des Laurier, an adult individual currently residing at 81 Wertz Run Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. On March 21, 2000, Petitioner filed a Complaint in Divorce. 4. On February 26, 2001, an Order of Court was issued directing that Petitioner pay to Respondent alimony pendente lite in the amount of $1,000.00 per month. A true and correct copy of said Order of Court is attached hereto and incorporated herein as Exhibit "A." i Ii 'i,._ hJ .,.~ "_.>~ ,~ ...-,-."'-_''''"; 'o~'''~'---'' - <'-~ --- -, -' '~,,...,,~ ',-"-<,,<, ", "'"dO .". ."" 5. Both parties raised issues in an appeal from said Order of Court and following a hearing before the Honorable Judge Hess, an Order of Court dated June 11, 2001 was issued affirming the earlier decision. A true and correct copy of said Order of Court dated June 11, 2001 is attached hereto and incorporated herein as Exhibit "B." 6. On October 8, 2001, Petitioner filed a Motion for Appointment of Master. 7. The Divorce Master scheduled a conference on December 11, 2001 with both the parties and their counsel present to discuss the outstanding economic issues and to determine if there was a basis for settlement of claims. 8. Settlement was not reached at said conference and a hearing was scheduled for January 30, 2002 before the Divorce Master: II II II " i! II I, ~ II I' II !! Ii il i~ i1 ![ 9. On January 30, 2002, prior to the commencement of the scheduled hearing, the parties reached a settlement agreement that was duly read onto the record. A true and correct copy of the Divorce Master's report and parties' agreement is attached hereto and incorporated herein as Exhibit "C." 10. Paragraph Six of the parties' agreement referenced as Exhibit "c" states that the current APL Order was to be cancelled effective February 1, 2002, and that any payments received through wage attachment after that date were to be appropriately credited to Petitioner. 2 :f' -,. -". 0'.,"'-'''0'_''_' '__~_'_.=_, _~-'_'_r"__'_ ,.,. .,.. ... - -- ,~- 11. Furthermore, on Page 3 of Exhibit "C," the Divorce Master specifically states that "It is specifically noted. . . that when the parties leave the hearing room today, even though there is not a subsequent signing by the parties to affirm the terms of settlement, they are bound by the terms of the agreement as stated on the record at this time." 12. After the agreement was reached on January 30, 2002, Petitioner and his counsel informed Domestic Relations of the parties' agreement as it related to the current APL Order. 13. Upon information and belief, initially Domestic Relations then began applying Plaintiff's wage attached sums to an arrearage existing as a result of the appeal of the original Order of Court attached as Exhibit "A." 14. The parties' agreement does not specifically mention any APL arrears and the parties were unable to reach an agreement as to the arrears. 15. As the APL arrears were being handled through the continuing wage attachments, however, Petitioner subsequently signed the agreement as indicated on Exhibit "C." 16. The agreement was then forwarded to Respondent's counsel for signature and fmalization of the divorce according to the other terms of the agreement. 17. Respondent, by and through her legal counsel, now refuses and continues to refuse to sign the parties' agreement. 3 -',~_7_ '"__~'_,__',__. ,".-. ':c~'~ _ '-"_~,' ,"".,J-'_'--- .,.,., .' -'--' '-'-'1' ." "-"~-' , - ">7'-"__,~_,_ _ __=7,' 18. The practical result of Respondent's refusal is that Domestic Relations has reinstated the APL order on the grounds that the agreement has not been signed, and furthermore, the divorce of the parties cannot be finalized despite Respondent's prior agreement of record. 19. Respondent has now requested a subsequent hearing before the Divorce Master, but due to the Divorce Master's schedule and Respondent's vacation to Colorado, that hearing could not be scheduled until June 4, 2002. 20. This delay is a considerable hardship to Petitioner in that the divorce action cannot be fmalized and Respondent will continue to receive APL payments despite the parties' agreement to the contrary. 21. Furthermore, it is doubtful that the issues can now be resolved by the Divorce Master as Respondent is refusing to sign the agreement already read onto the record before the Divorce Master, and any issues involving the APL arrears and subsequent payments is presumably not a matter of equitable distribution. 22. The interests of justice require that the Court grant the Petitioner's requests as set forth above. 4 , r -__:,,~"_ :_~, '" , -, ",-,--,,, ~~. '"', . l~"- -,<".._--, 'r""- ".0__, "',~ ("_" WHEREFORE, the Petitioner, John E. Des Launer, respectfully requests that this Honorable Court enter an Order of Court terminating the current Order for payment of alimony pendente lite to Respondent dated February 26, 2001, and affirmed on June 11,2001, or in the alternative direct that any and all future APL payments be placed in escrow pending a final resolution ofthese issues. Respectfully submitted, IRWIN, McKNIGHT & HUGHES By D~i'~jWL Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Plaintiff/Petitioner, John E. Des Laurier Date: April 24, 2002 5 . ,",' ,~-,p.- ~. ,,' - -," "",--. ,^--.".=,. ~. ., '.'.-,',. - 'i_'^'- .'~,._--_. " VERIFICATION The foregoing document is based upon information which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. ~.~~~~t~4~~A (/ JOHN E. DES \\.URIER Date: April 24 , 2002 ". ~ _c _" _,' . - _/'~ . __,*",__.,., _', _""c.__",\.">r""_",~__"",,_,,,_? __<'_, ".' ~ ".~, _ C_' __'~<_ c.", '0'0,' , "'" "., ".-;< '_""7"' _~_'_'____,,","~._" """ .'C, DR 30362 PACSES ID 765102987 JOHN E. DesLAURIER, Plaintiff/Respondent vs. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : DOMESTIC RELATIONS SECTION : CIVIL ACTION - LAW MARIE V. DesLAURIER Defendant/Petitioner : NO. 00-1822 CIVIL TERM ORDER OF COURT AND NOW, this 26lll day of February, 2001, based upon the Court's determination that Petitioner's monthly net income/earning capacity is $1,1 12.64 per month and Respondent's monthly net income/earning capacity is $4,233.18 per month, it is hereby Ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit, $1,000.00 per month payable weekly as follows; $230.77 per week for alimony pendente lite and $0.00 on arrears. First payment due with next pay date. Arrears set at $2,000.00 as of February 26, 2001. The effective date of the order is January 16, 2001. Husband is to report to the Domestic Relations Office with a payment plan for the retroactive arrears within five days upon receipt ofthis order. Failure to make each payment on time and in full will cause all arrears to become subjecllo 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 of the Respondent to prison for a period not to exceed six months. Said money to be turned over by the PA SCDU to: Marie V. DesLaurier. Payments must be made by check or money order. All checks and money orders must be made payable to PA SCDU and mailed to: P A SCDU P.O. Box 69110 Harrisburg, P A 17106-911 0 Payments must include the defendant's PACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. . . The Respondent is to provide medical insurance coverage.. 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 j iJ.()1 to: < ~ !P\1_, BY THE COURT, ~~~ . Petitioner Respondent Samuel Milkes, Esquire Douglas Miller, Esquire Edgar B. Bayley 1. vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION CIVIL ACTION - SUPPORT NO. 291 SUPPORT 2000 DR 29,560 ORDER MARIE V. DESLAURIER, Plaintiff JOHN E. DESLAURIER, Defendant AND NOW, this /1 .. day of June, 2001, it appearing that an order alimony pendente lite has been entered as between the parties, the captioned support action is DISMISSED. BY THE COURT, Samuel Milkes, Esquire For the Plaintiff 44 Douglas Miller, Esquire For the Defendant ~~~~nw~~ JUN 14 2001 DRO :rlm IRWIN, McKNIGHT & HUGHES ... ." ,- '7' , ( JOHN E. DES LAURIER, Plaintiff IN THE COURT OF CO~ION PLEA OF CUMBERLAND COUNTY, PENNSYLVANIA Vs. NO. 00 - 1822 CIVIL MARl VANGI DES LAURIER, Defendant IN DIVORCE ~E~py THE MASTER: Today is wednesday, January 30, 2002. This is the date set for a hearing to take testimony on the date of separation of the parties. The Master has been advised, however, that counsel and the parties have reached an agreement with respect to all of the outstanding economic issues and wish to proceed with a statement of the agreement on the record and ultimately conclude the divorce by the signing and filing of " Ii I; affidavits of consent and waivers of notice of intention to request entry of div9rce decree. The divorce action was initiated by complaint filed on March 24, 2000. The complaint raised grounds for I~ " divorce of irretrievable breakdown of the marriage; no '( il , ;1 economic claims were raised in the complaint. On January 16, 2001, the Defendant filed a " Ii . I J petition for alimony pendente lite; on October 8, 2001, the ! ~ :1 Plaintiff filed an amended complaint raising the economic ~ claim of equitable distribution; on October 18, 2001 the J , , i ~ i '1 :1 [] " , !i , ,I , ~ Defendant filed a counterclaim raising the economic claim of alimony. No claims have been raised in the action for 1 , ~ I ! , i I I i I , i i , , I I i I I , I I , i " , I , i 'i_. ." . - -~ counsel fees and costs. The parties were married by acknowledging a common-law marriage pursuant to an affidavit dated July 2, 1998, and signed by both parties. The affidavit was sworn to and subscribed before a notary public on July 2, 1998. Pursuant to the affidavit, the date of the affidavit is the date of the marriage of the parties. The affidavit is made a part of these proceedings. The affidavit is in the Master's file but has not been clocked in or filed with the Prothonotary. There was an issue that was raised at the conference on December 11, 2001, regarding the date of separation. Husband averred that the date of separation was November 5, 1999, and wife averred the date of separation was March 31, 2000. Counsel have indicated that they do not believe that it is necessary that we specifically arrive at a date of separation inasmuch as the economic issues have been resolved and the date of separation will not be relevant to determining valuations in the case. An agreement is going to be placed on the record in the presence of the parties. The agreement as stated on the record will be considered the substantive agreement of the parties not subject to any changes or modifications except for correction of typographical errors 2 -- -~ , . which may be made during the transcription. The agreement as placed on the record will be transcribed and then will be sent to counsel and the parties to review for typographical errors, any corrections of typographical errors will be made, and then the agreement will be presented to the parties and counsel for signature. The purpose of signing the agreement will be to affirm the terms of settlement as stated on the record. It is specifically noted, however, that when the parties leave the hearing room today, even though there is not a subsequent signing by the parties to affirm the terms of settlement, they are bound by the terms of the agreement as stated on the record at this time. Upon receipt by the Master of the completed agreement from counsel, the Master will prepare an order vacating his appointment and counsel will then be in a position to file a praecipe transmitting the record to the Court requesting a final decree in divorce. As previously noted, the parties are going to obtain the divorce under Section 330l(c) of the Domestic Relations Code. Counsel are charged with filing the affidavits of consent and waivers of notice of intention to request entry of divorce decree within seven (7) days of today's date. Mr. Miller. MR. MILLER: 3 "~""-,, - -~ -. , . " " 1. plaintiff agrees to pay to Defendant a lump sum payment of $3,485.00 in consideration of equitable distribution claims. Said payment shall be made within seven (7) days from today's date. Payment will be made by check made payable to Defendant and delivered to Defendant's counsel within the specified time period. 2. plaintiff shall pay COBRA benefits for Defendant for a period of 19 months. According to the Central Pennsylvania Teamster Health and Welfare Fund, the current rate is $303.00 per month. In the event Defendant, through her employment, is able to obtain insurance at no cost to her, Plaintiff's obligation to provide COBRA benefits shall end. Plaintiff's obligation to provide COBRA benefits shall not extend in any event beyond 19 months. To that end, Plaintiff agrees to provide coverage during the 19-month period even if said amount increases. The payment obligation and coverage shall commence the date that plaintiff provides notice to his employer that the divorce has been finalized. 3. The parties agree to be responsible for any debts that are in their name and to that end, agree to indemnify and hold harmless the other party for any debts that they are responsible for. Specifically, husband agrees to be solely responsible for the home equity loan currently against the property at 445 ponderosa Road, Carlisle, pennsylvania, and hold Defendant harmless from any responsibility or obligations under that home equity loan. 4. fom life The parties agree to waive any of pension or other retirement insurance in the other parties and all claims to any plans and any fom of name. 5. Defendant agrees to waive any right, title or interest that she has to the real estate located at 445 Ponderosa Road, Carlisle, Pennsylvania, and any other real estate in Plaintiff's name. 6. The parties agree to cancel the current alimony pendente lite order through Domestic Relations effective February 1, 2002. In the event any payments are received by Defendant as a result of wage attachments after February 1, 2002, appropriate credit will be given to Plaintiff. 7. Defendant agrees to deliver to Plaintiff a military pistol currently in her possession but owned by Plaintiff. Plaintiff agrees to register said weapon. The parties have made arrangements for return of the item, which shall 4 , .~ ,.,., be done no later than ten (10) days from today's date. Other than the item referenced above, the parties waive any and all right, title and interest they have to any tangible personal property in the other person's possession. All tangible personal property in the possession of either party shall remain their property. 8. Defendant agrees to withdraw her claim for alimony in this action. 9. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acqui,-e under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. THE MA9TER: I neglected, when we began the remarks on the record, to identify who was in the hearing room at the time that the agreement was to be placed on the record. Present are the Plaintiff, John E. Des Laurier, and his counsel Douglas G. Miller, and the Defendant, Mari Vangi Des Laurier, and her counsel Michael A. Scherer. Both parties were present when we began the statement of the agreement on the record and are still in the hearing and are going to be addressed on the record regarding their presence and their understanding of the agreement. Mr. Miller. 5 -.- - ~ MR. MILLER: Mr. Des Laurier, you've been present for the agreement as it was read on to the record? MR. DES LAURIER: Yes, sir. MR. MILLER: And do you understand the terms as they have been read on to the record? MR. DES LAURIER: Yes, sir. MR. MILLER: And do you agree with the terms and conditions as they have been read on to the record? MR. DES LAURIER: Yes, sir. MR. SCHERER: Marie, have you had an opportunity and enough time to consult with me in this divorce case before reaching this agreement today? MS. DES LAURIER: Yes, 1 did. MR. SCHERER: Have you been present throughout the dictation of the agreement this morning? MS. DES LAURIER: Yes, sir. MR. SCHERER: Did you understand the terms of the agreement as it has been dictated? MS. DES LAURIER: Yes, sir. MR. SCHERER: And is it your desire to enter into the agreement as dictated? MS. DES LAURIER: Yes, sir. 6 ''l'. "" ~ MR. SCHERER: Has anybody forced you or coerced you to settle this case this morning? MS. DES LAURIER: No, sir. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: DATE: I S G. Miller ey for Plaintiff JflS/{)3, J# ,t;:)/Lo'icm/'}4 > 'I John:JE. Des Laurler Michael A. Scherer Attorney for Defendant Marie Vangi Des Laurier 7 ~,- f_ CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: Michael A. Scherer O'Brien, Baric & Scherer 17 West South Street Carlisle, P A 17013 Attorney for Defendant/Respondent IRWIN, McKNIGHT & HUGHES By: Douglas Supreme urt I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Plaintiff/Petitioner, John E. Des Laurier Date: April 24, 2002 c" c_,~ '^'~ ..C_.,'. - ~,-. '0.," '<'_='_"_' ',.-,;,'_ "-""" .-,- ,'," ~ Ii" ,,- '. ,". ""'l'", .., ";" "" . > ,-.;, ~," ~_1Wf17""' ,~ '._< ,~ .. .. ...,'"=.-.= -~ ~-,,--,~-,,'~',',., ""i "_ r\,~_ ~_,~ ~ llIll'T "_ -7 ~ '"".'" - ~J -, -1'1 -',;'!-1 " ~----1 .,. C....l -q --'1 ~r?' ::D -< (::) _~'l'~__ 'f~ "e, ._ , JOHN E. DES LAURIER, Plaintiff IN THE COURT OF COMMON PLEA OF CUMBERLAND COUNTY, PENNSYLVANIA Vs. NO. 00 - 1822 CIVIL MARl VANGI DES LAURIER, Defendant IN DIVORCE THE MASTER: Today is Wednesday, January 30, 2002. This is the date set for a hearing to take testimony on the date of separation of the parties. The Master has been advised, however, that counsel and the parties have reached an agreement with respect to all of the outstanding economic issues and wish to proceed with a statement of the agreement on the record and ultimately conclude the divorce by the signing and filing of affidavits of consent and waivers of notice of intention to request entry of divorce decree. The divorce action was initiated by complaint filed on March 24, 2000. The complaint raised grounds for divorce of irretrievable breakdown of the marriage; no economic claims were raised in the complaint. On January 16, 2001, the Defendant filed a petition for alimony pendente lite; on October 8, 2001, the Plaintiff filed an amended complaint raising the economic claim of equitable distribution; on October 18, 2001 the Defendant filed a counterclaim raising the economic claim of alimony. No claims have been raised in the action for 1 -" ~', --- counsel fees and costs. The parties were married by acknowledging a common-law marriage pursuant to an affidavit dated July 2, 1998, and signed by both parties. The affidavit was sworn to and subscribed before a notary public on July 2, 1998. Pursuant to the affidavit, the date of the affidavit is the date of the marriage of the parties. The affidavit is made a part of these proceedings. The affidavit is in the Master's file but has not been clocked in or filed with the Prothonotary. There was an issue that was raised at the conference on December 11, 2001, regarding the date of separation. Husband averred that the date of separation was November 5, 1999, and wife averred the date of separation was March 31, 2000. Counsel have indicated that they do not believe that it is necessary that we specifically arrive at a date of separation inasmuch as the economic issues have been resolved and the date of separation will not be relevant to determining valuations in the case. An agreement is going to be placed on the record in the presence of the parties. The agreement as stated on the record will be considered the substantive agreement of the parties not subject to any changes or modifications except for correction of typographical errors 2 :"D -'. ~. which may be made during the transcription. The agreement as placed on the record will be transcribed and then will be sent to counsel and the parties to review for typographical errors, any corrections of typographical errors will be made, and then the agreement will be presented to the parties and counsel for signature. The purpose of signing the agreement will be to affirm the terms of settlement as stated on the record. It is specifically noted, however, that when the parties leave the hearing room today, even though there is not a subsequent signing by the parties to affirm the terms of settlement, they are bound by the terms of the agreement as stated on the record at this time. Upon receipt by the Master of the completed agreement from counsel, the Master will prepare an order vacating his appointment and counsel will then be in a position to file a praecipe transmitting the record to the Court requesting a final decree in divorce. As previously noted, the parties are going to obtain the divorce under Section 3301(c) of the Domestic Relations Code. Counsel are charged with filing the affidavits of consent and waivers of notice of intention to request entry of divorce decree within seven (7) days of today's date. Mr. Miller. MR. MILLER: 3 1. plaintiff agrees to pay to Defendant a lump sum payment of $3,485.00 in consideration of equitable distribution claims. Said payment shall be made within seven (7) days from today's date. Payment will be made by check made payable to Defendant and delivered to Defendant's counsel within the specified time period. 2. Plaintiff shall pay COBRA benefits for Defendant for a period of 19 months. According to the Central Pennsylvania Teamster Health and Welfare Fund, the current rate is $303.00 per month. In the event Defendant, through her employment, is able to obtain insurance at no cost to her, Plaintiff's obligation to provide COBRA benefits shall end. plaintiff's obligation to provide COBRA benefits shall not extend in any event beyond 19 months. To that end, Plaintiff agrees to provide coverage during the 19-month period even if said amount increases. The payment obligation and coverage shall commence the date that Plaintiff provides notice to his employer that the divorce has been finalized. il II II II il II ii 'I ,I " 'I II :1 I il 3. The parties agree to be responsible for any debts that are in their name and to that end, agree to indemnify and hold harmless the other party for any debts that they are responsible for. Specifically, husband agrees to be solely responsible for the home equity loan currently against the property at 445 ponderosa Road, Carlisle, Pennsylvania, and hold Defendant harmless from any responsibility or obligations under that home equity loan. 4. form life The parties agree to waive any and all claims to any of pension or other retirement plans and any form of insurance in the other parties name. 5. Defendant agrees to waive any right, title or interest that she has to the real estate located at 445 ponderosa Road, Carlisle, Pennsylvania, and any other real estate in Plaintiff's name. 6. The parties agree to cancel the current alimony pendente lite order through Domestic Relations effective February 1, 2002. In the event any payments are received by Defendant as a result of wage attachments after February 1, 2002, appropriate credit will be given to Plaintiff. 7. Defendant agrees to deliver to Plaintiff a military pistol currently in her possession but owned by Plaintiff. Plaintiff agrees to register said weapon. The parties have made arrangements for return of the item, which shall 4 -, " ~.- , be done no later than ten (10) days from today's date. Other than the item referenced above, the parties waive any and all right, title and interest they have to any tangible personal property in the other person's possession. All tangible personal property in the possession of either party shall remain their property. 8. Defendant agrees to withdraw her claim for alimony in this action. 9. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. THE MASTER: I neglected, when we began the remarks on the record, to! identify who was in the hearing record. Present I that thelagreement I are the ~laintiff, , was to be placed on the room at the time John E. Des Laurier, and his counsel Douglas G, Miller, and the Defendant, Mari Vangi Des Laurier, and het counsel Michael A. Scherer. Both parties were present I when we began the statement of , the agreement on the recotd and are still in the hearing ! i and are going to be addressed on the record regarding their ! presence and their unders~anding of the agreement. Mr. Miller. 5 MR. MILLER: Mr. Des Laurier, you've been present for the agreement as it was read on to the record? MR. DES LAURIER: Yes, sir. MR. MILLER: And do you understand the terms as they have been read on to the record? MR. DES LAURIER: Yes, sir. MR. MILLER: And do you agree with the terms and conditions as they have been read on to the record? MR. DES LAURIER: Yes, sir. MR. SCHERER: Marie, have you had an opportunity and enough time to consult with me in this divorce case before reaching this agreement today? MS. DES LAURIER: Yes, I did. MR. SCHERER: Have you been present throughout the dictation of the agreement this morning? MS. DES LAURIER: Yes, sir. MR. SCHERER: Did you understand the terms of the agreement as it has been dictated? MS. DES LAURIER: Yes, sir. MR. SCHERER: And is it your desire to enter into the agreement as dictated? MS. DES LAURIER: Yes, sir. 6 , - 5- ~ 1" MR. SCHERER: Has anybody forced you or coerced you to settle this case this morning? MS. DES LAURIER: No, sir. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: DATE: Douglas G. Miller Attorney for Plaintiff John E. Des Laurier Michael A. Scherer Attorney for Defendant Marie Vangi Des Laurier 7 I". " . ,~ OFFICE OF DIVORCE MASTER CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 North Hanover Street Carlisle, PA 17013 (717) 240-6535 E. Robert Elicker, II Divorce Master Traci .10 Colyer Office Manager/Reporter West Shore 697-0371 Ex!. 6535 January 31, 2002 Douglas G. Miller, Esquire IRWIN, McKNIGHT & HUGHES 60 West Pomfret Street Carlisle, PA 17013 Michael A. Scherer, Esquire O'BRIEN, BARIC & SCHERER 17 West South Street Carlisle, PA 17013 RE: John E. Des Laurier vs. Marie Vangi Des Laurier No. 00 - 1822 Civil In Divorce Dear Mr. Miller and Mr. Scherer: Enclosed is a draft of the agreement which you put on the record on January 30, 2002. Please review the draft for any corrections with the understanding that no substantive changes can be made. After you have reviewed the draft, give us a call so we can make appropriate corrections. We will send the corrected original to the Plaintiff's attorney for signature who then can transmit the original to the Defendant's attorney for signature. When I receive a signed copy of the document, I will then obtain a Court order vacating my appointment. Thank you for your continuing cooperation in bringing this matter to settlement. Very truly yours, E. Robert Elicker, II Divorce Master '''''''''9 ~,_ ",,_,_ c . . .~- ." - .^ ,. ~- ,m."_",_~ "-- -- - < -'--~ ".<-, ~,~ - ~-,- ~" 0"., ~, -,' JOHN E. DES LAURIER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 00 - 1822 CIVIL MARl VANGI DES LAURIER, Defendant IN DIVORCE RESCHEDULED CONFERENCE WITH COUNSEL AND THE PARTIES TO: Douglas G. Miller John E. Des Laurier , Counsel for Plaintiff , Plaintiff Michael A. Scherer Mari Vangi Des Laurier , Counsel for Defendant , Defendant A conference has been scheduled at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 4th day of June 2002, at 9:00 a.m., with counsel and the parties to discuss the outstanding economic issues to determine if there is a basis of settlement of claims. If issues remain after the conference, a hearing will be scheduled at another date. Very truly yours, Date of Notice: March 27, 2002 E. Robert Elicker, II Divorce Master JOHN E. DES LAURlER Plaintiff V5. MARl V ANGI DES LAURIER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 00 - 1822 CIVIL IN DIVORCE STATUS SHEET ACTIVITIES: 1~/b7r YYVN~ 11> DATE: . ~ <.,,~" ~~~n - 19 q:O~IM' JOHN E. DES LAURIER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 00 - 1822 CIVIL MARl VANGI DES LAURIER, Defendant IN DIVORCE CONFERENCE WITH COUNSEL AND THE PARTIES TO: Douglas G. Miller John E. Des Laurier , Counsel for Plaintiff , Plaintiff Michael A. Scherer Mari Vangi Des Laurier , Counsel for Defendant , Defendant A conference has been scheduled at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 25th day of April 2002, at 9:00 a.m., with counsel and the parties to discuss the outstanding economic issues to determine if there is a basis of settlement of claims. If issues remain after the conference, a hearing will be scheduled at another date. Very truly yours, Date of Notice: March 18, 2002 E. Robert Elicker, II Divorce Master ;r ,- '-- ~~~~"! LAW OFFICES IRWIN McKNIGHT & HUGHES ROGER B. IRWIN MARCUS A. McKNIGHT, III JAMESD. HUGHES REBECCA R. HUGHES MARK D. SCHWARTZ DOUGLAS G. MlUER WEST POMFRET PROFESSIONAL BUILDING 60 WEST POMFRET STREET CARLISLE, PENNSYL VANIA 17013-3222 (717) 249-2363 FAX (717) 249-6354 E-MAIL.IMHLAW@SUPERNET.COM HAROLDS./RWIN (1925-1977) HAJ!,OLDS.lRW/N, JR. (1954-1986) IRWIN, IRWIN & IRWIN (1956-1986) IRWIN, IRWIN &McKNIGlIT (1986.1994) IRWIN, McKN/GHT&HUGHES (1994- ) March 14,2002 E. ROBERT ELICKER, II, ESQUIRE DIVORCE MASTER 9 NORTH HANOVER STREET CARLISLE, P A 17013 RE: DES LAURlER v. DES LAURlER No. 00 - 1822, In Divorce Dear Mr. Elicker: I have instructed my client to execute the Agreement dictated in your office on January 30, 2002, and will then be forwarding the same to Attorney Scherer for his client's signature. In response to ,his correspondence dated February 22, 2002, there is a dispute between the parties as to AJ.>L,aqears aiid whether orIiot they were affected by the agreement of the parties. However, Ibeliey.e.fuat the issue of APL arrears must be handled through Domestic Relations. Therefore, I belieVe 'that scheduling another hearing in this matter is not necessary where the parties have reached an agreement as to all issues before you. I have also enclosed payment to Traci Colyer in the amount of $12.50, to cover my client's portion of the transcription fee. In the event you have any questions or concerns with regard to the above, please do not hesitate to contact the undersigned. Very truly yours, IRWIN, McKNIGHT & HUGHES ~jA~ 4, ~ ~;;a;. ~iller DGM:tds.. ." Enclo~ures . ., . cc:. . John E. Des Laurier (w/enclosure) Michael A. Scherer, Esquire 'I',i J'- r::'-<> ,-' '.' .." '", ,- ~-->- --,. ,~'''''''''''.,. ..,. '",-'-C,- - 'l. ~_ _ . - ~_ .__ , , -';'."- .-, Law Offices O'BRIEN, BARIC & SCHERER 17 West South Street Carlisle, Pennsylvania 17013 Robert L. O'Brien David A. Baric Michael A. Scherer (717) 249-6873 Fax (717) 249-5755 E-mail: obs@obslaw.com direct: mscherer@obslaw.com March 15, 2002 E. Robert Elicker, II, Esquire Divorce Master 9 North Hanover Street Carlisle, Pennsylvania 17013 RE: Des Laurier v. Des Laurier Dear Mr. Elicker: Mr. Des Laurier has indicated that it was his understanding that the APL arrears of approximately $3,000.00 were to be satisfied as a result of the Agreement we attempted to reach in your office on January 30, 2002. My client did not intend to forgive the arrears by virtue of the attempted Agreement. Since Mr. Des Laurier is relying on the Agreement to satisfy the arrears, obviously the Agreement is lacking in an essential term and therefore the Agreement is unenforceable. As such, I believe a new hearing should be scheduled in your office to proceed with this case. Mr. Des Laurier has not paid the $3,485.00 required by paragraph 1 of the Agreement and this has delayed my client's plans. I don't believe Mr. Des Laurier can expect the Agreement to be enforceable when he has not complied with it. Further, it is inconceivable to me that my client would have negotiated to receive a $3,485.00 payment from Mr. Des Laurier under paragraph 1 of the Agreement when that was the approximate amount of the APL arrears and that is what she would have been entitled to without negotiating for anything. The present dispute is going to require additional court intervention and the passage of time is going to further complicate the attempted Agreement and it is my position that its unfair to try hold my client accountable for some terms of the Agreement while Mr. Des Laurier hasn't complied with other terms of the Agreement. <~<-.~J ".. "--.", ., - .~ ,., h." ,~-. - ~,,' ,.~- "'-" . . _"~c ,,_. _ ,_ -'.-, ,-' _~_ ''F" _ J E. Robert Elicker, II, Esq. 03/15/02 letter page 2 Please accept this letter as my request to reschedule a hearing in your office at your convenience. Very truly yours, O'BRIEN, BARIC & SCHERER /4fu#z- Michael A. Scherer MAS/jl cc: Douglas Miller, Esq. Marie Vangi File mas.dir/ietters/vangi7.itr '.,'" ~--"", . - .,' '. - ~, ,,,"'~,-,'-- - '. "d'_.. ---" ,,', .. ",.- Law Offices O'BRIEN, BARIC & SCHERER 17 West South Street Carlisle, Pennsylvania 17013 Robert L. O'Brien David A. Baric Michael A. Scherer (717) 249-6873 Fax (717) 249-5755 E-mail: obs@obslaw.com direct: mscherer@obslaw,com March 25, 2002 E. Robert Elicker, II, Esquire Divorce Master 9 North Hanover Street Carlisle, Pennsylvania 17013 RE: Des Laurier v. Des Laurier Dear Mr. Elicker: My client has advised me that she will be in Colorado from April 1 S, 2002 until May 10, 2002. Would it be possible to reschedule the conference set for April 25, 2002 at 9:00 a.m. in your office? Thank you for your cooperation. Very truly yours, O'BRIEN, BARIC & SCHERER ~ Michael A. Scherer MAS/jl cc: Marie Vangi Douglas Miller, Esq. File mas.dirlletterslvangi9.ltr ,-~.,. ":':'''',",",,\_'''>' ',__i<"",,"~ _",_~,__ <,_.,~ JOHN E. DesLAURIER, Plaintiffi'Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE MARIE V. DesLAURIER, Defendant/Petitioner NO. 00-1822 CIVIL TERM IN DIVORCE DR# 30,362 PacseS# 765102987 ORDER OF COURT NOTICE OF RESCHEDULED CONFERENCE AND NOW, this I "day of February, 2001, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J. Shaddav on Februarv 26.2001 at 10:30 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (I) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 191O.11@ (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, George E. Hoffer, President Judge :Wai\,,,apt~S61!i 2''%'o'lto: ," < Petitioner Respondent Samuel Milkes, Esquire Douglas Miller, Esquire ~ 1.' \.~L ,fR. J. SHadday, Conference Officer YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. Date of Order: February I, 2001 CUMBERLAND COUNTY BAR ASSOCIA nON 2 LffiERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 - . ~.~~ . """'~, ..,..^~ < .~ ......~ '.~~~'YO" -,. "'~ '. o c: "'oS:: nCD ('IfF Z::ci 65S~ -<2' r:: C) $;-, Z~ )>U c: :z ~ -,~.' '0 <-', ,,_,'_.> '," o """, ,,, CO I t-'-) , ,-iI~ Y'Fl ~~~ C,rn ~ :X) -< ~ r- l'-> .. _~ 'I'~_"~" "!'~~_~"""R'-'!Ei"~'~jf.lII~m!lli<f~~""il~~l;;mp~~!OOI1!$~~ I':' ........., ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT M ODjl/{chJ. (l/f//L State Commonwealth of Pennsvlvania ;Ok~r) 7(-S'/t);;<.9f?7 Co./City/Dist. of CUMBERLAND U' Date of Order/Notice 02/26/01 hI( d 02& (} Court/Case Number (See Addendum for case summary) @Original Order/Notice o Amended Order/Notice o Terminate Order/Notice ) RE; DESLAURIER, JOHN E. ) Employee/Obligor's Name (last, First, MI) ) 008-32-3490 ) Employee/Obligor's Social Security Number ) 8642100528 ) Employee/Obligor's Case Identifier ) (See Addendum for pJaintiH names associated with cases on attachmenV ) Custodial Parent's Name (Last, First, MI) ) EmployerlWithholder's Federal EIN Number ABF FREIGHT SYSTEM INC EmployerlWithholder's Name C/O ATTN: PAYROLL EmployerlWithholder's Address pd BOX 1925 NEW KINGSTOWN PA 17072-1925 See Addendum for dependent names and birth dates assodated 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. $ 1,000.00 per month in current support $ 0.00 per month in past-due support Arrears 12 weeks or greater? o yes @ no $ 0.00 per month in medical support $ 0.00 per month for genetic test costs $ per month in other (specify) for a total of $ 1, 000 .00 per month to be forwarded to payee below. Vou 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: $ 230.77 per weekly pay period. $ 461 54 per biweekly pay period (every two weeks). $ 500.00 per semimonthly pay period (twice a month). $ 1.000.00 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 'Yithholding. Refer to the laws governing the work state of your employee for the 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 pg. 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 SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PA YMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER 10 (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY I DRO: RJ Shadday xc: defendant Edgar B. Bayley .JU]X;E Form EN-028 Worker 10 $IATT Date of Order: Service Type M OMBNo.:0970-0154 Expiration Date: 12/31/00 i~ o~ "n ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS o If checked you are required to provide a copy of this form to your employee. 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 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/obligor. 3. * R....puJ til,S ti,e Payda.re}Oate of'Nitl,I,Oldil,g. You IlIust lepolt ti,e payJal\dJi!..te of vvitl,l,oIJil'5 vvl Ie" schdihg ti,L pcl.ylllclrt. TIle paydate/date of vvitLLoldihg is tLe date 01. vvl,;.....L Qlllu..mt vvaS vv itl.I,eld ft011l tl Ie elllployee's vvages. 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 the withholding order and forward 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 ail support Order/Notices due to Federal or State withho'lding 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 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. WITHHOLDER'S ID: 7407000045 EMPLOYEE'S/OBLlGOR'S NAME: DESLAURIER, JOHN E. EMPLOYEE'S CASE IDENTIFIER: 8642100528 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 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 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 subject 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 she is employed governs. 9,* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (1 5 U.S.c. 91673 (b)1; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. 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 Security taxes; and Medicare taxes. 10. "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. Requesting Agency: DOMESTIC RELATIONS SECTION 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 @ Page 2 of 2 Form EN-028 Worker ID $IATT Service Type M OMB No.: 0970..{l154 Expiration Date: 12/31/00 ADDENDUM Summary of Cases on Attachment Defendant/Obligor: DESLAURIER, JOHN E. PACSES Case Number 765102987~';;' Plaintiff Name I '" MARIE VANGIDESLAURIER Docket Attachment Amount 00.1822 CIVIL$ 1,000.00 Child(ren)'s Name(s): DaB .. ...... .... 0....... ...... ......................., . ... .... ...... ..... ............ ...,.........,......... .......... ...... tJ il~j,~~k~d, 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 Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DaB .".......,.,...,.. ....,..,......... ...............................................,.,..,.,.....'...'...'...'.,....'. .. ........ ,.... ..," ....., n", ........................... ......... .,.,..,..,.,.,....,.......,............................................................,...'....'.......'.......'....'..'.' ...... ..0..... .". . ....... ...... ................. ............ . dl;~;;~~k~d,y~~ ~;~r~~~ir~d;~~~;~ilth~~hildi;~n) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DaB o II 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 SeNice Type M OMBNo.:0970-0154 Expiration Date: 12/31/00 \~~ . . PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DaB II checked, you are required to enroll the child(ren) above in any health insurance coverage available the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DaB ..dl;~~~~~~~,~~~;;:..r:~~i;:~;~:~;~;I;~::~il~;;:~;............... ". . identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DaB bl;~h:~~~~,.~~.~...~;:;:~~i;:~;~:~;~II;~::~i Id(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. Form EN-028 Worker ID $IATT , - '"~~o," ,~,_~~"' _. , ::-'.II~ 0 0 0 c: ?' -0 ;:gt:? :::;: :c.... zO::; ::;0 ::-!) .~ ,- ZS:; ~nfil (t) ," W ~~~~ ? -<";.... r;: 'c3 -0 ~--!(.,.) ,~ '"^I~-'l ~;;O ~~-<-~ i:j;D ~- ~<"~i "7'.} J>.C: ::- u-_m C) Z ':::> ~ -, :D -< \D -< "I!iIlli~Rl-,""",,~'"'-'ll!!I~!!lil ~~=T'" ~_, """'F""~,,..,.L~~it~'!'i'-?l1!G,'f"~""~~'!i-~"',~~!ll'!t_"~~It>"'lF1""'_~ ,~';''''''1iI!!!'!!'~~1!mJl'!lI1fIi!' .I JOHN E. DesLAURIER Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY PENNSYL VANIA v. : CIVIL ACTION - DIVORCE MARJE V. DesLAURIER Defendant : NO. 00-1822 CIVIL TERM : IN DIVORCE CERTIFICATE OF SERVICE I, Shelley Eichelberger, hereby certify that a certified copy of the Petition for Alimony Pendente Lite in the above captioned matter was duly served upon the Plaintiffs Attorney, Carol Lindsay, Esquire, by depositing a copy of the same in the U.S. Mail, on the 16th day of January, 2001, addressed as follows: Carol Lindsay, Esquire Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle,PA 17013 I hereby verify that the statements made in the foregoing are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. DATE: II/&/DI i31~erg~JJL/)JkL >J ,~" '~""" _,"" ,- - '-"-,-',P,' .-' ".'~ '1'-' N_~ .~. _ __ ,'r,'Pf"_ ,-' " , ... , , I ',.c _ ".~ '~.- ""'1~'! "".,- ~ -, '0-' ,.~n...,::",., ~ (') C> 0 c: "Tl ;;: ,- ::-:1 "'Oro "'" r--f1T! mgj Z ZJ zr'" N ..Jl:P CIJ~ w ,~ -......"- ,":)A !;;::CJ ;po ~~~ ~o :;g; ii>8 ;SrTl ::::.{ Z 55 ~ -.I -< ,. .- '""'-'l''r.'"-'''''"'-1~_ _~!llJl , -.i\'Jj JOHN E. DesLAURIER, Plaintiffi'Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE MARIE V. DesLAURIER, Defendant/Petitioner NO. 00-1822 CIVIL TERM IN DIVORCE DR# 30362 Pacses# 765102987 ORDER OF COURT AND NOW, this 18th day of January, 200 I, upon consideration ofthe attached Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J. Shaddav on Februarv 8, 2001 at 9:00 A.M. for a conference, at 13 N. Hanover St., Carlisle, P A 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. yOU are further ordered to bring to the conference: (I) a true copy of your most recent Federal Income Tax Return, including W-2's as med (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11@ (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, George E. Hoffer, President Judge Petitioner < Respondent Samuel Milkes, Esquire Carol Lindsay, Esquire Date of Order: January 18, 2001 YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 - - "- " ~g ~~ .@JW:jlii!~I!l~~j\;~.lifOH!lJ~i!llkL41.~li.~~iii;.a!l..l..nii~IMil:JtiI-~.~...-."~~U:.lil-~ '>1"1"""",,"'0," ~'Th ll\!lilllllil t:!" . FiLED-GfFiCE OF '!-'''' DI.Y'"w"i IOT'BY , .-1,.. 1 I .".,IlI 1'..)1\ 11"\, 01 JAN 18 PM 4: 24 CUM~D COUNTY PENNsYLVANIA '!!'!~.< ~ ~-~ ~'" ~~ 'H . - JOHN E. DesLAURIER , Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY PENNSYLVANIA v. : CIVIL ACTION - DIVORCE MARIE V. DesLAURIER, Defendant : NO. 00-1822 : IN DIVORCE CIVIL TERM NO'l'TC;F. '1'0 OF.FF.NO 1\ NO C;T.I\ TM RT~H'I'S 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, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. 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. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. 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, PA 17013 (717) 249-3166 . ~" - JOHN E. DesLAURIER Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY PENNSYLVANIA v. : CIVIL ACTION - DIVORCE MARIE V. DesLAURIER, Defendant : NO. 00-1822 : IN DIVORCE CIVIL TERM PF,'I'T'I'JON (<,OF AT.TMONY PRNDEN'I'R TT1'R , COMES NOW, the Defendant in the above referenced action, by her attorney, Samuel W. Milkes, Esq., Jacobsen & Milkes, and formally petitions for the following relief under the Divorce Code: alimony pendente lite. In support of this Petition, Defendant, MARIE DesLAURIER asserts as follows: 1. The Petitioner is employed as a secretary/receptionist at a chiropractor office. Her net yearly income is approximately $9,500.00. 2. The Plaintiff in this matter, John E. DesLauruier, is currently employed as at ABF Freight System, Inc. His income is believed to be approximately 45,000.00 per year. 3. The Petitioner is unable to support herself in the lifestyle which she has been accustomed to during the marriage of the parties. 4. The Petitioner is in need of alimony pendente lite in order to support herself. 5. The Respondent is capable of supporting the Petitioner. 6. As a result of the Respondent's prior petition, the Respondent was forced to rnove out of the marital home, causing her additional expense. . . "'r WHEREFORE, for the above reasons, Petitioner, Marie V. DesLaurier respectfully requests this Honorable Court award her; a. Alimony pendente lite; b. Grant such further relief as the Court shall deem proper and just. DATE:J.] \-'\ O( Respectfully submitted, ~. BY: 'Samuel W. Milkes, Esq. JACOBSEN & MILKES 52 E. High Street Carlisle, PA 17013 (717) 249-6427 Attorney No. 30130 TRUE COpy t:ROMRECOAO ill r ootlmooV 1Moor~f. lll<<\l Ui'ltc ~ I!llf Itaoo &00 !he aNI oi" ~iC c~;:. . . ~. !~--&-#~ " #f-I.. /"~",MLL ~' ). ~ Pioti'10!1citl! I hereby verify that the statements made in the foregoing 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. Dated:ul )-.l), I / / /J7)~ 7J . ';iD..b2 i{p.vi-rYA MARIE V. DesLAURIER i~~ l' - JOHN E. DesLAURIER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW MARIE V. DesLAURIER, : Defendant NO. 00-1822 CIVIL TERM ORDER OF COURT AND NOW, this 17th day of July, 2000, upon consideration of the attached letter from Carol J. Lindsay, Esq., attorney for Plaintiff, the hearing scheduled for July 26, 2000, is cancelled. BY THE COURT, Carol J. Lindsay, Esq. 11 East High Street Carlisle, PA 17013 Attorney for Plaintiff Johnna Deily, Esq. 26 West High Street Carlisle, PA 17013 Attorney for Defendant ~ esley r., . L~l'OI) -f1\~ 7-lg-oo ~~ :rc ^- ,';;~ . '-~:1 " ..,....,.,.-'-, >,- ~~iid ~ .-"'-.......-.. ........~j...~~!IllW~!>iJ,~ll~"""-~ . ~ ~ ~ ~ ~.~p'_ (';;-\ ~~ n j r~ f,i ',' In. r: i, v....' '--.', (.. '''' hil IJ' .1-.: C'IJ!,jc;,:"c, ",,, ~ .i'j,-,,~jllh,'lL/ \,,;'..JdN1Y PENNSYI.VANIA . - LAW OFFICES FLOWER, FLOWER &. LINDSAY A PROFESSIONAL CORPORATION 11 EAST HIGH STREET CARLISLE, PENNSYLVANIA 17013-3016 JAMES D. FLOWER JAMES D. FWWER, JR. CAROLJ.UNDSAY moMAS E. FLOWER (717) 243.55U FAx. (717) 243-6510 FFLEsq@aoLcom July 13, 2000 The Honorable Wesley J. Oler One Courthouse Square Carlisle, PA 17013 RE: DeslAURIER VS. DesLAURIER Dear Judge Oler: A Petition for Exclusive Possession is set for a hearing in your Court on the 26th of July at 3:00 p.m. inthe captioned case. Mrs. Deslaurier has removed from the marital home and the hearing set for that time will no longer be necessary. Thank you very much for your consideration in this matter. Very truly yours, & LINDSAY, P.C. CJl:ln ce. Johnna Deily, Esquire John Deslaurier vl// <,. I 1" ? <'000 - -~ f , .. JOHN E. DesLAURIER Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY PENNSYLVANIA v. : CIVIL ACTION - DIVORCE MARIE V. DesLAURIER , Defendant : NO. 00-1822 : IN DIVORCE CIVIL TERM WITHDRAWAL OF APPEARANCE Please withdraw my appearance as counsel for Defendant, MARIE V. DesLAURIER, in the above captioned case. Dated: / - / I -0 I Johrm opeck /' Saidis, Shuff, ower & Lindsay 26 West High Street Carlisle, P A 17013 (717) 243-6222 Attorney No. ENTRY OF APPEARANCE To the Prothonotary: Please enter my appearance as counsel for Defendant, MARIE V. DesLAURIER, in the above captioned case. Dated: ~ Samue . Milkes, Esq. JACOBSEN & MILKES 52 E. High Street Carlisle, P A 17013 (717) 249-6427 Attorney No. 30130 ~"~"'~""?,~~,_,, ,";,_"'__ .-, _ -, -, r f~ , "'" , ~ I~ ',,' _o..?.;"'"." .~I1~lIll ".' ,,--. ,,< - - ,~'.".. . "1 ~".~'. JAN , , 2000 o ~; -011:'. r-n,y" 2::<, ::?...'.'[ 0:)~:: ...,.- ---: ~i=i .c:::., =:;:. ,~,1IIft CJ '."~l't C,"', ~.' 1""0 , , -....... .,[:- ~~ ~ -, l~,",lt"l .J1,4J(Ji Dill II DesLaurier petition for special rei L ijb May 8. 2000 , ' , , Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 00 - 1822 CIVIL TERM JOHN E. DesLAURIER, vs. MARIE V. DesLAURIER, Defendant IN DIVORCE AND NOW, this . ORDER OF COURT r 'OiL day of May, 2000, upon consideration of the within Petition for Special Relief, a Rule is issued on the Respondent to show cause why she should not be By the Court, vi{ (~ 5- J ;{-OO RK.3 c- '" (,.) ~J -1'/IVU D 5/II-,D !tV ~. 'Ii - DesLaurier petition for special rei tjb May 8, 2000 , ' . . Plaintiff IN THE dPURT OF COMMON PLEAS OF CUMBE~LAND COUNTY, PENNSYLVANIA CIVil AOTION - DIVORCE , NO. 00 ~ 1822 CIVil TERM IN DIVO~CE JOHN E. DesLAURIER, vs. MARIE V. DesLAURIER, Defendant PETITION FOR SPECIAL RELIEF ! Now comes John E. Deslaurier, by and through his counsel, Flower, Flower & Lindsay, and petitions this Honorable Court as follows: 1. The parties hereto are husband and wife h$ving been joined in marriage on July 31, 1999. 2. The parties separated on November 5, 19~9, although they continued to reside in the same house. 3. On March 21, 2000, Petitioner filed a ComRlaint in Divorce. 4. The parties reside at 445 Ponderosa! Road, Carlisle, Cumberland County, Pennsylvania, a home purchased prior to marriage by P~titioner. 5. Since the parties' separation, Respondent ,has refused to remove from the marital home, although she has removed therefrom marital property, and Petitioner's own separate property. Respondent has removed $3,000.00 from the: parties' joint savings account and set it aside for her own purpose. She has taken the entire federal income tax refund of approximately $2,600.00 and segregated it, refusing to advise the Petiti0ner of its location. \>< Deslaurier complaint in div tjb May 5, 2000 6. On April 10, 2000, given the difficulty residing with Respondent in the marital home, Petitioner requested that she leave Petitioner's home by May 1, 2000. 7. Petitioner avers that she will not leave his home without an Order of Court. WHEREFORE, Petitioner prays this Honorable Court to enter an Order ordering Respondent to remove herself from Petitioner's home. FLOWER, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff By: ar I J. Lindsay, E ~uire 10 1:14693 1 East High Street Carlisle, PA 17013 (717) 243-5513 ,~ DesLaurier complaint in div tjb May 5, 2000 VERIFICATION I, the undersigned, hereby 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. ~ 4904, relating to unsworn falsification to authorities. :It ; ~ r;:)L\~/4/~ {j .' John E. DesLaurie Date: "71t<7/ ~ a/)t?O DesLaurier complaint in div tjb May 5, 2000 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION. DIVORCE NO. 00. 1822 CIVIL TERM JOHN E. DesLAURIER, vs. MARIE V. DesLAURIER, Defendant IN DIVORCE CERTIFICATE OF SERVICE AND now, this t . day o.!- ~ ' 2000, I, Carol J. Lindsay, Esquire, of the law firm of FLOWER, FLOWER & LINDSAY, P.C., Attorneys, hereby certify that I served the within Petition for Special Relief this day by depositing same in the United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to: Johnna J. Deily, Esquire SAIDIS, SHUFF & MASLAND 26 West High Street Carlisle, PA 17013 FLOWER, FLOWER & LINDSAY Attorneys for Plaintiff By: Carol J. L say, Esquire ID # 44693 11 East High Street Carlisle, PA 17013 (717) 243-5513 .~ , ~ ~ ~, ~ , ""'. "':" "', ",. -~-~ ,",' ~IJ~ ",_~~,' " ',I"~_,~" ~'''''''''''''-r'~ ~ . o c:: s: -ntr {"111''('': Z:::u :;;::: c,~~, U],:o:.,,- ~<f--i ~~'- ZC) ~-:..O ;t;c: 6 -<: ",!, C> o :.~ ,"\~,3 :::'-.e I CD ~"''''N, -- "~-'. 1"ur..I, ~ ~~~ :~ , ,'1:JJ ..,.h ,", c;J <S\t> :.'c"'\ (s::Q ~.,,(J L-rn ~ ~ -- - e.<'1 ,p 1II1! 'I ~ !I I .. JOHN E. DES LAURIER, Plaintiff v. MARl VANGI DES LAURIER, Defendant -- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-1822 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE NOTICE TO PLEAD TO: John E. Des Laurier c/o Douglas G. Miller, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, Pennsylvania 17013 You are hereby notified that you have twenty (20) days in which to plead to the enclosed Answer and Counterclaim To Amended Complaint or a Default Judgment may be entered against you. Date: /o.n.or ,~ '. ,-I ",--?:,,~,;,~~,,~-,<c~-"~,..,_ _,"!""_~" ,,_ ~'__ ._.<'". ~~_~.. O'_'_-p' _~ Respectfully submitted, O'BRIEN, BARIC & SCHERER ~~ Michael A. Scherer, Esquire I.D. # 61974 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 - II - , v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-1822 CIVIL TERM JOHN E. DES LAURIER, Plaintiff MARl VANGI DES LAURIER, Defendant CIVIL ACTION-LAW IN DIVORCE ANSWER AND COUNTERCLAIM TO AMENDED COMPLAINT AND NOW, comes the Defendant, Mari Vangi Des Laurier by and through her attorney, Michael A. Scherer, Esquire and represents as follows: 1.-9. Admitted. :', :i , COUNTERCLAIM 10. The Defendant will be unable to adequately support herself on her income alone after a Decree In Divorce is entered. 11. The Defendant will require alimony from the Plaintiff in order to provide for her basic needs following the divorce, including the cost of health insurance. 12. The Plaintiff has an income which is substantially higher than the Defendant's and he is able to provide alimony to the Defendant. WHEREFORE, the Defendant respectfully requests that this Honorable Court enter an award of alimony in her favor following the divorce. Respectfully submitted, O'BRIEN, BARIC & SCHERER ~4_5~ Michael A. Scherer, squire I.D. # 61974 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 - .' I - , CERTIFICATE OF SERVICE I hereby certify that on October 11 ,2001, I, Jennifer S. Lindsay, secretary to Michael A. Scherer, Esquire, did serve a copy of the Answer and Counterclaim To Amended Complaint, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Douglas G. Miller, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, Pennsylvania 17013 ~iJfJ~~ ~.., '- _~""',"_'_'_',"~,__""~,, , _' _~,'_ _, "_~",, 0 "'.'_. "_' -'"__0_"_'. -~- - ,-~ ,-,- , ~. - " i . " _m~1!I ~'"". ',-,' ,~ .. -"~-' ~~m~~~ . '. ?2 0 0 7'n <;. 0 -00:; ~~, m" " ~. zLp -l , z-" C/)~ , ", 2"" en . , c;.' ", ...-C', ~,) s.. . -0 ,~ P zO -- (_:5 .',", ~. ,f.I~ )>0 ,,'-, c "".' z -< =< -r:-..; (;0 ::0 -< . ~"-~~"~~!l-'~A""""'~-r" __~1Ii JOHN E. DES LAURIER, Plaintiff, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW No. 00 - 1822 CIVIL TERM MARl V ANGI DES LAURIER, Defendant. IN DIVORCE PLAINTIFF'S AMENDED COMPLAINT IN DIVORCE PURSUANT TO SECTIONS 3301(c) and 3301(d) OF THE DIVORCE CODE AND EOUlTABLE DISTRIBUTION AND. NOW comes the Plaintiff, John E. Des Laurier, by and through his attorneys, Irwin, McKnight & Hughes, and files this Amended Complaint in divorce against the Defendant, Marie Vangi Des Laurier, averring as follows: COUNT I - DIVORCE 1. - 7. The averments set forth paragraphs one (l) through seven (7) of Plaintiff's Complaint are incorporated herein as if fully set forth. COUNT II - EOUlT ABLE DISTRIBUTION 8. Plaintiff and Defendant have acquired property, both real and personal, during their marriage. '.- ..^ -,--'~ , 0_<",,__ "'__,',_ ~_,"'-<""'_"_"'~ ';'C--__J_ ,Y''''., ~~r. _, _~ _ _~^" ,_C,"_~ _," ~ ' , - -~--- 9. Defendant requests the Court to equitably divide, distribute or assign the marital property between the parties in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff respectfully requests the Court to enter an Order equitably distributing the parties' marital property pursuant to Section 3502(d) of the Divorce Code and for such further relief as the Court may deem equitable and just. Respectfully submitted, IRWIN, McKNIGHT & HUGHES By: I Miller, Esquire Supreme ourt I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Plaintiff, John E. Des Laurier Date: October 8,2001 . - ~''',.c'-,.,,, .,. ., ~. - i ?,"",,_ . ---~ - ~,"- ..-,-,:, ,",p- VERIFICATION The foregoing document is based upon information which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. )/_. ~--::J~_~'AU~ -' 1 JOHN E. DES L URIER Date: OCTOBER 8 ,2001 ,-." ,,, ~- , .'-, '--""'C',,'" ,- .~, -,-.,,"-:.< '_." 'co, ~. JOHN E. DES LAURIER, Plaintiff, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW No. 00 - 1822 CIVIL TERM MARl V ANGI DES LAURIER, Defendant. IN DIVORCE CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by Certified Mail, Restricted Delivery, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: Mari Vangi Des Laurier 81 Wertz Run Road Carlisle,PA 17013 Date: October 8, 2001 IRWIN, McKNIGHT & HUGHES DO*tSq~ Supreme Court LD. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Plaintiff, John E. Des Laurier i.. i " ", ,"'-' ,"0' > _ , - ^." ,,_" U _,w_e__._ ~_,' e_ _ -~- -,,;'" ., ~ -~ -^,' ~,<- ;' c_ ~ '" >, ," " n c C) f; '1 0 ._-, ~ - ~~-'-' ~''') ~ U --i =i:::: ~ I .~~ I ~ 0 (I~\ (C;:) - 0 '. :::'-': -- '>1...) ~ ..., -~; ,- :.'.:_~ C) .."b -o-J ~ ~-'r--, ::;."~: "-- ..r::. - :2 ~ (' ~ -,r ::..0 :___u -< (:::J A< :::0 C\ '. '7 -~"7'-_ 0.: J, 'J ,:~~ ~----- ,-' ",~-":",- --'l !I'd JOHN E. DesLAURIER , Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY PENNSYLVANIA v. : CIVIL ACTION - DIVORCE MARIE V. DesLAURIER, Defendant : NO. 00-1822 : IN DIVORCE CIVIL TERM l'TO'T'Tr.R 'T'O DRFRND AND r.T.A TM RTr..H'T'!": 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, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. 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. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. 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, PA 17013 (717) 249-3166 r'''''~r ..,. ~'.,~ ",-"-"' - _?_,-~ d_ _ ",'"..- _ _ """"'YT_ .-",,,-" .-",- . . r ~~ .__,-_"_ , -,' _ . '0' ,,"~ ~ . .,',-" ,--,~. JOHN E. DesLAURIER , Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY PENNSYLVANIA v. : CIVIL ACTION - DIVORCE MARIE V. DesLAURIER, Defendant : NO. 00-1822 : IN DIVORCE CIVIL TERM ORnF.R OF r,OTTRT AND NOW, this day of January, 2001, a hearing is set in this matter for , 2001, at _ o'clock _. m., in Court Room No. -, of the Cumberland County Courthouse, Carlisle, Pennsylvania on the Defendant's Petition for Alimony Pendente Lite. By the Court, (J) [":,'c : ~ ~ - _"H ~,' ' c. v,_ . _', ,,"___ _'_';Y,'__' . _ _. _ " _T,_~ , . JOHN E. DesLAURIER , Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY PENNSYLVANIA v. : CIVIL ACTION - DIVORCE MARIE V. DesLAURIER , Defendant : NO. 00-1822 : IN DIVORCE CIVIL TERM p~'I'T'I'TnN l?nR AT .TMnNV p~NnRN'I'~ T .T'I'~, COMES NOW, the Defendant in the above referenced action, by her attorney, Samuel W. Milkes, Esq., Jacobsen & Milkes, and formally petitions for the following relief under the Divorce Code: alimony pendente lite. In support of this Petition, Defendant, MARIE DesLAURIER asserts as follows: 1. The Petitioner is employed as a secretary/receptionist at a chiropractor office. Her net yearly income is approximately $9,500.00. 2. The Plaintiff in this matter, John E. DesLauruier, is currently employed as at ABF Freight System, Inc. His income is believed to be approximately 45,000.00 per year. 3. The Petitioner is unable to support herself in the lifestyle which she has been accustomed to during the marriage of the parties. 4. The Petitioner is in need of alimony pendente lite in order to support herself. 5. The Respondent is capable of supporting the Petitioner. 6. As a result of the Respondent's prior petition, the Respondent was forced to move out of the marital home, causing her additional expense. " _ -'_"___,_ __"""'~C,"1~c~_:':' '.'-' -y",o',' _~~) c" _,~., .".",_H,'"CC _~_ -'o(~ -_' "~-- - ,,"","~ .,- ~. ~.-" ,. -~ "'-. . ' . . .' WHEREFORE, for the above reasons, Petitioner, Marie V. DesLaurier respectfully requests this Honorable Court award her: a. Alimony pendente lite; b. Grant such further relief as the Court shall deem proper and just. DATE:1l \"( 01 Respectfully submitted, ~ BY: Samuel W. MIlkes, Esq. JACOBSEN & MILKES 52 E. High Street Carlisle,PA 17013 (717) 249-6427 Attorney No. 30130 I hereby verify that the statements made in the foregoing 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. Dated:OI f.:l}, / / ' /P)~ 7JV~~ MARIE V. DesLAURIER _ r~,_,=_ __ . ,_ ^_ ___,^r__.~ _"",-,,__~,," .,~_ , ',~ - ,- ", "- . ,~- '" i: ,.- ,',...,., ~"'~, ~, ".., ~.", ~!"M;!IlI!'l . ., " 0 c",__ s:; -0 \;:.. rn ~~ '_'::C: ~, C'-'- en ~, ~' ~'~.1 ':.~~: .'- ?~ _.,1 ~ '-:::j :;"" ~~ ""-. -' . ....,-, -'~: :..'2. ~_. -, "r."""",.....".. ',lll ~ , ",m' JOHN E. DES LAURIER, Plaintiff, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW No. 00 - 1822 CIVIL TERM MARl V ANGI DES LAURIER, Defendant. IN DIVORCE AFFIDAVIT OF SERVICE OF PLAINTIFF'S AMENDED COMPLAINT IN DIVORCE PURSUANT TO SECTIONS 3301(c) AND 3301(d) OF THE DIVORCE CODE AND EOUITABLE DISTRIBUTION COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND NOW, Douglas G. Miller, Esquire, being duly sworn according to law, does depose and state: 1. That he is a competent adult and attorney for the Plaintiff, John E. Des Laurier, in the above- captioned action. 2. That a certified copy of Plaintiffs Amended Complaint was served upon Defendant, Marl Vangi Des Laurier, on October 10, 2001, by certified mail, restricted delivery, addressed to her at 81 Wertz Run Road, Carlisle, Pennsylvania 17013, Return Receipt No. 7000 1530000246936400. 3. That the said receipt for certified mail is signed and attached hereto and made a part hereof. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities Date: DECEMBER 4, 2001 LAS G. MILLER, Esquire Attor ey for Plaintiff, John E. Des Laurier -. ".-.."'"-. - '. ,0,1' __,..' OFFICIAL ,57 'd-,\D \,~o 3, ;\6 $ (,01 :3 :r ..D m lI'" ..D :r Postage $ Certified Fee Pos1mark H... 1::1 m U1 Se~t To ..... ~__!~!!LP.~1i.__MllllI~___.._....................._...._..._. c street, Apt. HOo; or PO Box No. Wl 81 WERTZ IllJN ROAD 1::1 ...-------.----.-------------------------.----..-...-...........-.-......--...-....... I"'- ~~~. ,X~ 17013 ,N Retum Receipt Fee C (Endorsement Required) 1::1 1::1 estrIctedDellvery (Endorsement Required) 1bta1 ge a Fees Complete items 1, 2, arId '5: A1s0 comp'lete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach,1l1is card to the back of the mailpiece, or on _;, front if space permits. 1. Articl~ ddressed to: it ~GI DES LADnER ~~1>2. - 'TZ RUllI ROAD .:....lILE. PA 17013 ; D. Is delivery address different from item 1? If YES, enter delivery address below: 3. ~ice type ~ertmed Mail 0 Express Mail : Registered 0 Return Receipt for Merchanli:lise o Insured Mail 0 C.O.D. 4. Restricted Deliveiy? (Extra Fee) IX Yes 2, 1!IrII~iJ;I!lIJ",1m (C<l,oy fram _Ie. label) . .. ~.~l;;~ (l~i ~3~4QO i1i~Fo"" '11, July 1m '. ,nq."'''''"'' Pleturn ~.ceipt _ I , " ~. f . I 1 [ , ; " , , , I , ' " '1 .,_M ~ ~', ,,,,>~-'- -~: ".., . '0',,>,"" ,,' _ "~r. " . '~." . '.', ,.-". -~ .,__ ,_ 0" _ .,. r_' ., ~~ -- ., 1 02595'OO-M"{}~52 ,_. ,""",j,1Tc"'",:"1'_,,,_ ,- -~-=". ~ ,--- ,>;- ~~"' ." r.' .1" () a 0 ~ - --n <:::> -- -, -u Ceo: i'1, " m I:; C') -=: .~ ---n "'-~ ::?: l~ , , " (n ~ -. ::::i -< :~;; 1":' C -,'") ~. C -, j 2 .......1--. -.- C) :5> 0 (.,) C) ;-q c: ~ :::> ::;,::! ,;:;: ~] CJ1 -< ~.... - ,~" ~~-: "..,...".,.,. ~~~ ... , . DR 30362 PACSES ID 765102987 JOHN E. DesLAURIER, Plaintiff/Respondent : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA VS. DOMESTIC RELATIONS SECTION CIVIL ACTION - LAW MARIE V. DesLAURIER Defendant/Petitioner NO. 00-1822 CIVIL TERM ORDER OF COURT AND NOW, this 26th day of February, 2001, based upon the Court's determination that Petitioner's monthly net income/earning capacity is $1,112.64 per month and Respondent's monthly net income/eaming capacity is $4,233.18 per month, it is hereby Ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit, $1,000.00 per month payable weekly as follows; $230.77 per week for alimony pendente lite and $0.00 on arrears. First payment due with next pay date. Arrears set at $2,000.00 as of February 26,2001. The effective date ofthe order is January 16,2001. Husband is to report to the Domestic Relations Office with a payment plan for the retroactive arrears within five days upon receipt of this order. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa.C.S.~ 3703. Further, if the Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and its discretion make an appropriate Order, including, but not limited to, commitment of the Respondent to prison for a period not to exceed six months. Said money to be turned over by the P A SCDU to: Marie V. DesLaurier. 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, PA 17106-9110 Payments must include the defendant's PACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. o;d '-"lll_ -, , ". The Respondent is to provide medical insurance coverage.. This Order shall become final ten days after the mailing of the notice ofthe 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 o .!+{)/ to: < !J!i Petitioner Respondent Samuel Milkes, Esquire Douglas Miller, Esquire BY THE COURT, ~'1~ . Edgar B. Bayley J. . . ~ F: -~, "_~ .n_ ~~11l1w.:__mlliNll_'!I"F~~' ,,~~,.,-~ 1IIlf!i~~"'R1,*m!!l~",Jl'!Wrnwoo"""" " ,.i " 0 D 0 C ''1'' :?-: ::E: .,.j -0(.[, ""'" ~iil~ rnm ~ 2;n "~-lCn &it;:.; c...:> J~"'r' -<::?' ~.::!O ~C) -0 :~:B :f:'n :Jf: 20 20 .c- Om j;>c ~ ~ ~- ,:::> :D -' -< \0 -< r~",_ _"IIIl!mfIIII""",_ .' ,..,.r~' ,./. ",: STATE OF I~ OF 8J f'r1her /CVb/ COpy ss: sO'" .) ~~~ ~ COUNTY AFFIDAVIT BY PARTIES TO COMMON LAW MARRIAGE WE, THE UNDERSIGNED, hereby certify, depose, swear and say that we are married by virtue of the Rules of Common Law and cohabit pursuant to what is known as a "common law marriage" and make this affidavit to induce the Central pennsylvania Teamsters Health and Welfare Fund to provide Benefit Coverage to the spouse of the undersigned Member pursuant to the Rules and Regulations of the Fund. We acknowledge that the spouse of the undersigned Member could not receive Benefit Coverage from the Fund as a Dependent of the Member unless that person were a spouse of the Member. We further un~a~stu~d ~hat by making this certifi~~ti~n and d3positiont we a~e acknowledging that our common law marriag~ i:: ~ m~=rio.ge fot" all purposes and that such marriage can only be dissolved by death or divorce. We further understand that Benefit Coverage for Central Pennsylvania Teamsters Health and Welfare Fund purposes shall commence on, and not before, the date that the within certification, in notarized form, is received at the office of the Fund. Finally, we certify that our names, social security numbers, relationship to the Fund, and signatures are true and correct. SSII C() <;j ~-j;)-. 5'l9J (Member's ~na ure) 7J12A ':.P '(;7:741'.. .~.A-- (~ember's Spouse'~Signature) SSII/4cY=-Jv - f2~J y Dated: 7-- :J. - q t SWORN and subscribed to before me this;;2 day of--:JU/y 199{ NOTARY PUBLIC NOTARIAL SEAL DAWN M. SHUGHART. Notary Public Carlisle. Cumbertand County My Commissloc expires Nov. 28. 1998 CMNLAW/HWFORMS ,~ - . ..q<c IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN E. DES LAURIER v. NO. 00-1822 MARl V ANGI DES LAURIER CIVIL ACTION .. LAW IN DIVORCE ORDER AND NOTICE SETTING HEARING TO: John E. Des Laurier Plaintiff Douglas G. Miller Counsel for Plaintiff Mari Vangi Des Laurier Defendant Michael A. Scherer Counsel for Defendant You are directed to appear for a hearing to take * testimony on the outstanding issues in the above captioned divorce proceedings at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania on the __.lOth..._,___.__ day c" January , 2002 at 9:00 C. :"1:., at \-,llJ i.ch place and time you will be given the opportunity to present witnesses and exhibits in support of your case. By' er~ rge E. Hoffer, President Judge Date of Order and Notice: 12/11/01 By: Divorce Master 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 8AR ASSOCIATION 2 LIBERTY !,VENUE CAllLlSLF, Ph 170]3 Tl.:I.EP]-l()hlF (:))) )4~)-3]C)() * TESTIMONY WILL BE LIMITED TO THE DATE OF SEPARATION ISSUE. -,'--'.'- " ~ - ~ . ~ r" IRE COURT OF COMMON PLEAS 0: CUHBERL-\NU COUNTY, PENNSYLVANU .TOHN R nR~ T .AlTR'lR'R Plaintiff vs. MAn VANGI DES LAURIER, NO. 00-1822 CIVIL TERM JOHN E. DES LADRIER a master with respect to the (X) Divorce ( ) Annulment ( ) AliJnony ( ) Alimony Pendente ~lOTION FOR APPO:ornJ:::NT OF M....STER (Plaintiff) ('_~~nt), rollow~g claims: moves the court to appoint Lite (X) ( ) ( ) ( ) Distribution or Property Support Counsel Fees Costs and L~enses and in support of the motion states: (1) Discovery is comp.lete as to the claiJns(s) for which the appointment or a master is requested. (2) The defendant (has) attorney, AND 3301 (JY) OF m 1>\;'b1Jfc'k~olllrnA (~LfQ.L.ti;i,v.Ql1J<e .. (4) Delete the inapplicable paragraph(s) : (a) The action is not contested. (b) An agreement has been reached with respect to the follmd.ng claims: NONE (c) The action is contested with respect to the following claims: DATE OF SEPARATION, DISTRIBUTION OF PROPERTY (5) The action (involves). appeared in the action (personally) ,Esquire). (are) (by his 3301(c) comple~ issues of law or fact. (6) The hearing is ~ected to take ONE (7) Additional infor.narion, ~r any. relevant to the motion: DEFENDANT ALLEGES COMMON LAW MARRIAGE PRIOR TO DATE OF MARRIAGE . At~~~t~SG' ~~&fp~~~~)ESQUIRE n r-! ORDER APPOI"TTIlG :.1...STEPov> J . Ai.'ID NOW (l!(IJ~ .8 , 2001 , [. l'to-I..eJ- UdUv Esquire, is a-ppointed m,astar r..n.th respect to the follo\Jing clai.:ils: o"L.L. (day Date: n~TnRRR ft 1001 MILLER, ~ ~. C IO-1-~ By t:he Court: (0, J !Mj':iiit;~.htiidb.:.IIAml:"'liiiIIkOOiII~MIiI~!lijjIlll~'''r1liJ)liI'~~''''''':''~''"-'I" .~ i';. 0.[-'"[ ',.ill ,-""f .~ .-. I.:' , Y!l.,HY "..u P';--t ." ..., ,i' ,'i '" I I,' ~ " , ' " " -'.". . vL,iV,t\;:,:i..LrJ\i:) ().JUNTY Pi='I"'''i' \ '" 'I" , _.l~i\'.)l L'i/\I\',;-.. ".I ('- F= -7 ~ ~~~' fit ....-- i~ -Ct) ~~..- ~. .,...0 :/fz.t ~;;:::: ::::-) C1 ;.::) """"~ l_l"~ ~ . '. , " -~ -.~' t,' \ " ..,~ , . " i " ,1~ -:, '~>"""." " 0-, -. . / ~~w;m;;;; JOHN E. DES LAURIER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 00 - 1822 CIVIL MARl VANGI DES LAURIER, Defendant IN DIVORCE CONFERENCE WITH COUNSEL AND PARTIES TO: Douglas G. Miller John E. Des Laurier Counsel for Plaintiff , Plaintiff Michael A. Scherer Mari Vangi Des Laurier , Counsel for Defendant , Defendant A conference has been scheduled at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 11th day of December, 2001, at 9:30 a.m., with counsel and the parties to discuss the outstanding economic issues to determine if there is a basis of settlement of claims. If issues remain after the conference, a hearing will be scheduled at another date. Very truly yours, Date of Notice: 11/27/01 E. Robert Elicker, II Divorce Master t .-- . _ _ 0_" _ ',_ ~" LAW OFFICES IRWIN McKNIGHT & HUGHES ROGER B. IRWIN MARCUS A. McKNIGHT, HI JAMES D. HUGHES REBECCA R. HUGHES MARKD. SCHWARTZ DOUGLAS G. MIILER WEST POMFRET PROFESSIONAL BUILDING 60 WEST POMFRET STREET CARLISLE, PENNSYLVANIA 17013.3222 (717) 249-2353 FAX (717) 249-6354 E-MAIL: IMHLAW@SUPERNET.COM HAROLDS. IRWIN (1925-1977) HAROLDS.IRWIN. JR. (1954-1986) IRWIN, IRWIN & IRWIN (1956-1986) IRWIN, IRWiN & McKNIGHT (1986.1994) IRWlN,McKNIGHT&HUGHES (1994- ) November 20,2001 E. ROBERT ELICKER, II, ESQUIRE DIVORCE MASTER 9 NORTH HANOVER STREET CARLISLE, P A 17013 RE: DES LAURIER v. DES LAURIER No. 00 -1822, In Divorce Dear Mr. Elicker: After discussing the matter with my client, he is willing to concede the validity of the Common Law Marriage Affidavit signed by the parties on July 2, 1998, and agree to use that date as the commencement of the marriage relationship. I have enclosed a copy of the document for your reference. I wouia' therefore request that we proceed with addressing the date of separation issue and economic claims.' . I have sent a copy of this correspondence to Attorney Scherer and trust that he does not have an objection to this proposal. I look forward to your office's reply. Very truly yours, IRWIN, McKNIGHT & HUGHES \ I}.~ Douglas Ikam Enclosure cc: . John E. Des Laurier Mi6haelA..Scherer,Esquire (w/ enclosure) I",c'---- . ,-'-' ,,~."~ .",e,'"", ~_, . '-"',,'1'1"'-, " - ,.~":;:,,~~-,,,,_.,~~-p-,:,~-._-~.?--., '"~ ~"~----,_\ ':' " ~-' "-~- - . . __ -., "-"'0'" :-<,~;~__,_, ,,""1 OFFICE OF DIVORCE MASTER CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 North Hanover Street Carlisle, PA 17013 (717) 240-6535 E. Robert Elicker, II Divorce Master Traci do Colyer Office Manager/Reporter West Shore 697-0371 Ex!. 6535 November 1,2001 Douglas G. Miller, Esquire IRWIN, McKNIGHT & HUGHES 60 West Pomfret Street Carlisle, P A 17013 Michael A. Scherer, Esquire O'BRIEN, BARIC & SCHERER 17 West South Street Carlisle, P A 17013 RE: John E. Des Laurier vs. Mari Vangi Des Laurier No. 00 - 1822 Civil In Divorce Dear Mr. Miller and Mr. Scherer: 1 received a letter from Mr. Scherer dated October 22, 2001, in response to my letter to counsel of October 19,2001. Although Mr. Scherer's response essentially deals with the request that he needs more time to review the file with his client, nevertheless, Mr. Miller has not responded. If counsel review my letter of October 19, 2001, they will see that my inquiry basically dealt with how we are going to proceed with the common- law marriage issue if that issue is to be litigated. Consequently, I am writing to request that counsel direct their response to me regarding the common-law marriage issue and procedure. Once that matter has been resolved, either through agreement or hearing, then we will decide how we will proceed with regard to the pending economic claims, pretrial statements, conferences, etc. Very truly yours, E. Robert Elicker, II Divorce Master -'--,-'fr, \.. OFFICE OF DIVORCE MASTER CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 North Hanover Street Carlisle, PA 17013 (717) 240-6535 E. Robert Elicker, II Divorce Master Traci .10 Colyer Office Manager/Reporter West Shore 697-0371 Ex!. 6535 October 19, 2001 Douglas G. Miller, Esquire IRWIN, McKNIGHT ft HUGHES 60 West Pomfret Street Carlisle, PA 17013 Michael A. Scherer, Esquire O'BRIEN, BARIC ft SCHERER 17 West South Street Carlisle, PA 17013 RE: John E. Des Laurier vs. Mari Vangi Des Laurier No. 00 . 1822 Civil In Divorce Dear Mr. Miller and Mr. Scherer: Although there is some issue between counsel about how much time is needed to complete discovery, nevertheless, I think we have an issue that needs to be addressed first and that is the existence of the aLLeged common- law marriage. Consequently, I am addressing that issue in this letter to ask counsel to determine whether they want to have the matter of the common- law marriage heard by one of the judges; (that was recently done by Judge Guido, I believe), or whether you want to have the matter heard here in the Master's proceedings. I have heard common-law marriage issues previously and on occasion I believe, a judge has heard the issue. I would request that counsel address the procedure that they want to foLLow with regard to the common-law marriage issue. If the matter is to be heard by me, then we need to schedule a hearing on that issue before we get into any economic issues in the case. I would ask that you contact me regarding your intentions as to how to proceed. If we are going to proceed in this office, I would require that you each provide me a list of witnesses that you are going to present and that list also should be shared with opposing counsel. ~-~:-"-~~' -- _ _ "7. ~;~_ " "..- - '_ _ _~ '"~'__-" ~_ ,- , . '-' ~~. ... Mr. Miller and Mr. Scherer, Attorneys at Law 19 October 2001 Page 2 I will look forward to hearing from counsel regarding the common-law marriage issue promptly so we know how we should proceed. After the common-law marriage issue has been resolved either with me or one of the judges, we will then begin to address the economic claim pending. Very truly yours, E. Robert Elicker, II Divorce Master . . - -~- ~- .~, Law Offices O'BRIEN, BARIC & SCHERER 17 West South Street Carlisle, Pennsylvania 17013 Robert L. O'Brien DllIIid A. Baric Michael A. Scherer (717) 249-6873 Fax: (717) 249-5755 E-mail: obs@obslaw.com direct: mscherer@obslaw.com October 22, 2001 Douglas G. Miller, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, Pennsylvania 17013 ~. Robert Elicker, II, Esquire Divorce Master 9 North Hanover Street Carlisle, Pennsylvania 17013 RE: Des Laurier v. Des Laurier No. 2000-1822 Civil Term In Divorce Dear Messrs Miller and Elicker: I am in receipt of Douglas' October 18, 2001 letter. Prior counsel may have discussed the issues of the date of separation, existence of common law marriage and assets and liabilities, but I am not familiar with all of these issues. My client reported to me when I met with her that the date of separation was approximately March 31, 2000. This means she would not be forced to consent to a divorce prior to March 31, 2002. As such, I don't believe the time I have requested to get familiar with the case is unreasonable. My client's former attorney, Sam Milkes, left the private practice of law and as such, my client was forced to hire new counsel. Therefore, she is not intentionally delaying the case. Very truly yours, O'BRIEN, BARIC & SCHERER ~ Michael A. Scherer MAS/jl cc: Marie Vangi File mas.dirlletterslvangi7.ltr 't~"l!Ii_ - "~ " - Law Offices O'BRIEN, BARIC & SCHERER 17 West South Street Carlisle, Pennsylvania 17013 Robert L. O'Brien David A. Baric Michael A. Scherer (717) 249-6873 Fax (717) 249-5755 E-mail: obs@obslaw.com direct: mscherer@obslaw.com October 15, 2001 E. Robert Elicker, II, Esquire Divorce Master 9 North Hanover Street Carlisle, Pennsylvania 17013 RE: Des Laurier v. Des Laurier No. 00-1822 Civil Term In Divorce Dear Mr. Elicker: Enclosed please find my Certification regarding discovery in the above-captioned matter. I am attempting to locate Sam Milkes' mailing address so that he can sign a Withdraw of Appearance. I will review the case in the coming weeks to determine what, if any, discovery I may need. I am also preparing an Answer and Counterclaim wherein I will be making a request for the defendant to receive alimony. Please contact me if you have any questions or concerns. Very truly yours, O'BRIEN, BARIC & SCHERER ~A~ Michael A. Scherer MAS/jl Ene. cc: Douglas Miller, Esq. Mari Vangi File mas.dirlletters/vangi4.1tr >-: '~-, -,- _c~' ~- " -" . -- "" , "_.'""~,,, _~-" n," .~ " ___ - ,_~ __p .__,___~ ~ _ ' __~ , . .~c,_,__ ._-~.. -,'" "-~. -,~-- -" , ,-,,, -- -" '-'. LAW OFFICES IRWIN McKNIGHT & HUGHES ROGER B.IRWIN MARCUS A. McKNIGHT. /II JAMES D. HUGHES REBECCA R. HUGHES MARK D. SCHWARTZ DOUGLAS G. MILLER WEST POMFRET PROFESSIONAL BUILDING 60 WEST POMFRET STREET CARLISLE, PENNSYLVANIA 17013.3222 (717) 249-2353 FAX (717) 249-6354 E-MAIL IMHLAW@SUPERNET.COM HAROLD S. IRWIN (1925-1977) HAROLD S. IRWIN, JR. (1954-1986) IRWIN, IRWIN & IRWIN (1956-1986) IRWIN, IRWIN &McKNIGHT (1986~1994) IRWlN,McKNIGHT&HUGHES (1994- ) October 18, 2001 E. ROBERT ELICKER, II, ESQUIRE DIVORCE MASTER 9 NORTH HANOVER STREET CARLISLE, P A 17013 RE: DES LAURlER v. DES LAURIER No. 00 - 1822, In Divorce Dear Mr. Elicker: Enclosed herewith please fmd the requested certification executed on behalf of the Plaintiff in the above-referenced matter. In response to the statements provided by the Defendant's new legal counsel, Michael A. Scherer, Esquire, I would dispute that this matter needs to be delayed until December 15,2001. While certainly time should be given for Attorney Scherer to obtain and review the file, I would submit that the respective positions of the parties with regard to date of separation, existence of common law marriage, and assets and liabilities have already been discussed between prior counsel for both parties. I believe that further delay is therefore unnecessary and will only serve to increase the APL being paid to Defendant. I would therefore request that pretrial matters be scheduled as soon as possible. Very truly yours, IRWIN, McKNIGHT & HUGHES ;{-~ Ikam Enclosure cc: John E. Des Laurier Michael A. Scherer, Esquire I "., n - - ~~ ""-"P "-v' n, - ,.. , . ,., ,.,: '- - ,"Co ~- -, ':'."- ,.,.~- - ---,",~ ~~," '" ,~,', "-, ',J~. _"1," - -, .. '. ." , JOHN E. DES LAURIER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 00 - 1822 CIVIL MARl VANGI DES LAURIER, Defendant IN DIVORCE TO: Douglas G. Miller Attorney for Plaintiff Mari Vangi Des Laurier Defendant DATE: Wednesday, October 10, 2001 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. I W4J r-e-""" ,'^ c.,( .."" 10 In/o, . .54- ~,'Il~ '. l-'t. I fh",r "t.l-e"'~, I w,'JI tv~ 1...d-~_ ~ lA-K +- d.c- f-.e.r f"k I'M.. ,'f il /,f(....,.,,~l ,./' Mc..-t-JJ"41j ~ ' '"' ... ',c,. ~ (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. /7.. /6".'" , 117. / b. r;7 , DATE ~/1.~ COUNSEL FOR PLAINTIFF ( ) COUNSEL FOR DEFENDANT ()f) NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. - JOHN E. DES LAURIER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 00 - 1822 CIVIL MARl VANGI DES LAURIER, Defendant IN DIVORCE TO: Douglas G. Miller Attorney for Plaintiff Mari Vangi Des Laurier Defendant DATE: Wednesday, October 10, 2001 CERTIFICATION / I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. ,"~- ~ (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. /aI/Kin . ( DATE NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. I ('" ,~ "~ - -~ ~ " ~ . .,. ,,' '_'_" r .., ",,,,'~'.' "", . . ~~~~uw~~ OCT 1 2 2001 IRWIN, McKN\GHl & HUGHES ._._'J'~~]~II1j;t~~!)lI!Ii!lll'!!!,.,~.,...., . ~ !!I'!i~"'III!l1!l!fl\llJJ ~ ,_ _,~~" -I'" ~ ,I JOHN E. DES LAURIER, Plaintiff '. ..It '1" v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-1822 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE MARl VANGI DES LAURIER, Defendant PRAECIPE FOR WITHDRAWAL OF COUNSEL AND APPEARANCE OF COUNSEL TO THE PROTHONOTARY: Please note my withdrawal as counsel for Mari Vangi Des Laurier, Defendant in the above matter. Dated: /0.1'.0/ ~/7 ~~/ 0/ Sa el . Milkes, ES:ire BY: Kindly enter our appearance on behalf of Mari Vangi Des Laurier, Defendant in the above matter. Dated: /0.'"7.0/ BY: O'BRIEN, BARIC AND SCHERER ~~ . ichael A. Scherer, Esquire Pa 1.0.: 61974 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 i :" ;" JI, ,,~, ,_ '.,_ "', re..,-_" ~, _",', ''''',,"00 "'-',';i'~ ."~,""".' .-_",_,_,>" _ __~"",_. - ., _' ,,_, < . ,,~_~_,_"'''-<.__ '''c_ ,,",',.0 ~ ,,- -- ~ E., ~~'X' . ~!11Il1~~ ,~ ~",",'.-,"'u''''"~ """~~,', ',I" ".~ ...... __Ik (") 0 0 c: " ? C) -, va:; C") ~! mm -l Z-,-, :Q;2j -'...- zy (I)~ CO '~~ ~r-'7c; v ;< _0 Pc :x ,')~- z .' ,~~::~ --0 O. >c c-l z 55 =< 0"> -< "" """"', 1:.1Il'I, .0,,,.,,..1'JI!I!II ,,"~ JOHN E. DESLAURIER, Plaintiff/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. DOMESTIC RELATIONS SECTION CIVIL ACTION - LAW MARIE V. DESLAURIER, Defendant/Petitioner 00-1822 CIVIL ORDER AND NOW, this II'" day of June, 2001, following hearing, the order of court dated February 26, 2001, is AFFIRMED in its entirety. BY THE COURT, Douglas Miller, Esquire For the Plaintiffi'Respondent l~fG~ Samuel Milkes, Esquire For the Defendant/Petitioner :r1m :;1.7-- ~, ,~-' < _';<"" . - ,.'. "_. -r- , _ ., iIIi""''::'' &'~JtiWij' "~.BmiIfII'l'lllI !1iIIW''''' lii:k..-~ ":' .;.-.,,, ~ "= M"" t- " OF t!!;~F':R:c5ICE ".... """"(()ivO!1if{Y 0/ JfJN 12 .411 9: it 3 CUr.~~~~AffdUN7Y . JOHN E. J>esLAURIER, Plaintifti'Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CML ACTION - DIVORCE MARIE V. DesLAURIER, DefendantIPetitioner NO. 00-1822 CML TERM IN DIVORCE DR# 30362 Pacses# 765102987 DEMAND FOR HEARING DATE OF ORDER: February 26, 2001 AMOUNT: $1,000.00 per month FOR: Alimony Pendente Lite REASON(S): Petitioner, Marie V. DesLaurier, does not need in order to support herself or her lifestyle. alimony pendente lite In addition, Respondentis income has been reduced as a result of the lack of availability of of overtime from his employer. Respondent therefore respectfully requests a de noVO hearing in the above-referenced matter. PARTY FILING DEMAND FOR HEARING: ~lf ;f)A1flA Signature Douglas . Hiller, Esquire Attorney for Plaintiff/Respondent March 20, 2001 Date :w,. - ., . ~. -. ~~ .- .~~. ...!lIIl~ , -"1 , 'J ~~, .~- C) C) CJ c: ~:.1 $: ::;t; -nCO ~'ll l-i~;D rnrn :;0 Z:D ;"J -,-,hl Z"- ~?~ <:::> ~~6 r::::C\ )>(~ --0 ;~-i'~ :-d;: :::~,~ (") L:..c5 r- C) JTl :l>c: Z :;;! ; ;:;2 ~ - PVI"'!",=;!~ffl1J'~>~lj~IloIl/;'~J'):"""1IJi!'!1~W:"'~~~~!iIllpIII!Illl,!,+. ~"":"'~!!'!l ., JOHN E. DesLAURIER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-1822 CIVIL TERM IN DIVORCE DR# 30362 PACSES CASE # 765102987 MARIE V. DesLAURIER, Defendant PRAECIPE TO WITHDRAW APPEARANCE To Curtis R. Long, Prothonotary: Please withdraw my appearance from this case on behalf of the Plaintiff, John E. DesLaurier. Respectfully submitted, SAIDIS SHUFF, FLOWER & LINDSAY 'L i- ; , , \ /' By: Date: March MOOl Carol J. 26 West Carlisle, 013 (717) 243-6222 PRAECIPE TO ENTER APPEARANCE To Curtis R. Long, Prothonotary: Please enter my appearance on behalf of the Plaintiff, John E. DesLaurier. Respectfully Submitted:' IRWIN, McKNIGHT & HUGHES Date March l, 2001 By: ~~)~. /lflt^ Dougla G. Miller, :tsq. 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 1.':-\- --..",-'''.'.' " .-- ..,,",. "'=" ,~" ~~ " .-. . ~ .-~, ,-~ ~ "~ -, C) 0 0 c: " ;;:: 3: ;:Rff, ;t>> , :.D ::;0 ~gt5- Z::c z~- N en",; gb 20 -0 ".,J'Ti <: ;~~) :.0 ~() - -"",0 >8 S'.? c3n1 ~ z w :D :< c..) -< _ __ ,_. l~."" I!!IIII~~- "_ --'. ,~" ~ )"~~ Law Offices O'BRIEN, BARlC & SCHERER 17 West South Street Carlisle, Pennsylvania 17013 Robert L O'Brien David A, Baric Michael A, Scherer (717) 249-6873 Fax (717) 249-5755 E-mail: obs@obslaw.com direct: mscherer@obslaw,com February 4, 2002 E. Robert Elicker, II Divorce Master 9 North Hanover Street Carlisle, Pennsylvania 17013 RE: Des Laurier v, Des Laurier Dear Mr. Elicker: I have reviewed the transcription of the Agreement you forwarded to me recently in the above-captioned matter. The only matter which the Agreement does not address are alimony pendente lite arrears which my client informs me exist in this case, Although paragraph 6 states that the APL Order is to terminate February 1, 2002, my understanding would be that any arrears on that obligation would continue to be collected until paid in full. Otherwise, the Agreement appears acceptable to me and I will have my client sign it when forwarded to me. Also enclosed is Traci's payment in the amount of $12,50, Very truly yours, O'BRIEN, BARIC & SCHERER # Michael A. Scherer MAS/jl cc: Douglas Miller, Esq, Marie Vangi File mas.dirlletterslvangi13.ltr Law Offices O'BRIEN, BARlC & SCHERER 17 West South Street Carlisle, Pennsylvania 17013 Robert L O'Brien David A, Baric Michael A, Scherer (717) 249-6873 Fax (717) 249-5755 E-mail: obs@obslaw.com direct: mscherer@obslaw,com February 22, 2002 E Robert Elicker, II, Esquire 9 North Hanover Street Carlisle, Pennsylvania 17013 RE: Des Laurier v, Des Laurier No, 00-1822 Civil Dear Mr. Elicker: I am waiting for a response from Douglas Miller, Esquire on a matter relating to the Agreement dictated in your office on January 30, 2002. In the meantime, my client would request that a hearing be set on the date of separation to avoid further delays if the parties are unable to resolve the matter in controversy. Very truly yours, O'BRIEN, BARIC & SCHERER ~dd Michael A Scherer MAS/jl cc: Douglas Miller, Esq, Marie Vangi File mas.dirlletterslvangi4.1tr . ~ , =,' '~", ,I>.,.?,o' .-' .','_,_~"_,, "--,--- _~ ,'c,..,""' _, '.~, , LAW OFFICES IRWIN McKNIGHT & HUGHES ROGER B. IRWIN MARCUS A. McKNIGHT, 1Il JAMES D. HUGHES REBECCA R. HUGHES MARK D. SCHWARTZ DOUGLAS G. MILLER WEST POMFRET PROFESSIONAL BUILDING 60 WEST POMFRET STREET CARLISLE, PENNSYL VANIA t 70t 3-3222 (717) 249-2353 FAX 1717) 249-6354 E-MAIL: IMHLAW@SUPERNET.COM HAROLD S./RWIN (1925MI977) HAROLDS.IRWIN,JR. (/954-1986) IRWIN. IRWIN & IRWIN (1956-1986) IRWIN, IRWIN &McKNlGHT (1986-1994) IRWIN, McKNIGHT & HUGHES (1994- ) March 19,2002 MICHAEL A. SCHERER, ESQUIRE O'BRIEN, BARIC & SCHERER 17 WEST SOUTH STREET CARLISLE, PA 17013 RJJ:: DESLAURIER v. DESLAURIER No. 00 - 1822, In Divorce a OA J... Dear Michael: Enclosed please find the original agreement from the Divorce Master conference, which has been executed by my client. Please have your client execute the agreement and forward the original to the Divorce Master's office and a copy of the executed agreement to my attention. Please also either file your client's affidavits and consents or forward the same to me for recording. Once I am in receipt of the agreement and either the original affidavits and consents or notice .of their filing, I will forward the check in the amount of $3,485.00 to your attention, Please advise as to whom I should make the check payable, I am also recently in receipt of your correspondence to the Divorce Master dated March 15,2002, I certainly disagree with you as to the need for another hearing before the Divorce Master. As we have already discussed, my client is willing to attempt to resolve the arrearage issue, potentially by making a second lump sum payment, if your client will be reasonable in working out a settlement. To that end, I believe we should determine both the amount of funds being held by Domestic Relations since February 1, 2002 and the exact arrearage amount In the event your client is not willing to be reasonable in this matter, it is my opinion that this is a matter to be addressed by Domestic Relations and not the Divorce Master, ' In the event you have any questions or concerns with the above, or in the event your client is willing to offer a resolution to this matter, please contact me, Otherwise, I trust you will be forwarding the documents as requested above, Please note that I am forwarding a copy of this correspondence to the Divorce Master for his reference. Very truly yours, IRWIN, McKNIGHT & HUGHES x/.~ DGM:tds Enclosure cc: John E. DesLaurier E. Robert Elicker, II, Esquire 1- ~ , " . I,~ JOHN E. DES LAURIER, plaintiff IN THE COURT OF COMMON PLEA OF CUMBERLAND COUNTY, PENNSYLVANIA Vs. NO. 00 - 1822 CIVIL MARl VANGI DES LAURIER, Defendant CO,oy IN DIVORCE THE MASTER: Today is Wednesday, January 30, 2002. This is the date set for a hearing to take testimony on the date of separation of the parties. The Master has been advised, however, that counsel and the parties have reached an agreement with respect to all of the outstanding economic issues and wish to proceed with a statement of the agreement on the record and ultimately conclude the divorce by the signing and filing of affidavits of consent and waivers of notice of intention to request entry of divorce decree. The divorce action was initiated by complaint filed on March 24, 2000. The complaint raised grounds for divorce of irretrievable breakdown of the marriage; no economic claims were raised in the complaint. On January 16, 2001, the Defendant filed a petition for alimony pendente lite; on October 8, 2001, the Plaintiff filed an amended complaint raising the economic claim of equitable distribution; on October 18, 2001 the Defendant filed a counterclaim raising the economic claim of alimony. No claims have been raised in the action for 1 " .. counsel fees and costs. The parties were married by acknowledging a common-law marriage pursuant to an affidavit dated July 2, 1998, and signed by both parties. The affidavit was sworn to and subscribed before a notary public on July 2, 1998. Pursuant to the affidavit, the date of the affidavit is the date of the marriage of the parties. The affidavit is made a part of these proceedings. The affidavit is in the Master's file but has not been clocked in or filed with the Prothonotary. There was an issue that was raised at the conference on December 11, 2001, regarding the date of separation. Husband averred that the date of separation was November 5, 1999, and wife averred the date of separation was Marc~ 31, 2000. Counsel have indicated that they do not believe that it is necessary that we specifically arrive at a date of separation inasmuch as the economic issues have been resolved and the date of separation will not be relevant to determining valuations in the case. An agreement is going to be placed on the record in the presence of the parties. The agreement as stated on the record will be considered the substantive agreement of the parties not subject to any changes or modifications except for correction of typographical errors 2 -~,~ ~ which may be made during the transcription. The agreement as placed on the record will be transcribed and then will be sent to counsel and the parties to review for typographical errors, any corrections of typographical errors will be made, and then the agreement will be presented to the parties and counsel for signature. The purpose of signing the agreement will be to affirm the terms of settlement as stated on the record. It is specificallY noted, however, that when the parties leave the hearing room today, even though there is not a subsequent signing by the parties to affirm the terms of settlement, they are bound by the terms of the agreement as stated on the record at this time. Upon receipt by the Master of the completed agreement from counsel, the Master will prepare an order, vacating his appointment and counsel will then be in a position to file a praecipe transmitting the record to the Court requesting a final decree in divorce. As previously noted, the parties are going to obtain the divorce under Section 330l(c) of the Domestic Relations Code. Counsel are charged with filing the affidavits of consent and waivers of notice of intention to request entry of divorce decree within seven (7) days of today's date. Mr. Miller. MR. MILLER: ." - ----. " 3 . 1. Plaintiff agrees to pay to Defendant a lump sum payment of $3,485.00 in consideration of equitable distribution claims. Said payment shall be made within seven (7) days from today's date. Payment will be made by check made payable to Defendant and delivered to Defendant's counsel within the specified time period. 2. plaintiff shall pay COBRA benefits for Defendant for a period of 19 months. According to the Central Pennsylvania Teamster Health and Welfare Fund, the current rate is $303.00 per month. In the event Defendant, through her employment, is able to obtain insurance at no cost to her, Plaintiff's obligation to provide COBRA benefits shall end. Plaintiff's obligation to provide COBRA benefits shall not extend in any event beyond 19 months. To that end, plaintiff agrees to provide coverage during the 19-month period even if said amount increases. The payment obligation and coverage shall commence the date that plaintiff provides notice to his employer that the divorce has been finalized. 3. The parties agree to be responsible for any debts that are in their name and to that end, agree to indemnify and hold harmless the other party for any debts that they are responsible for. Specifically, husband agrees to be solely responsible for the home equity loan currently against the property at 445 ponderosa Road, Carlisle, Pennsylvania, and hold Defendant harm~ess from any responsibility or obligations under that home equity loan. 4. form life The parties agree to waive any of pension or other retirement insurance in the other parties and all claims to any plans and any form of name. 5. Defendant agrees to waive any right, title or interest that she has to the real estate located at 445 Ponderosa Road, Carlisle, Pennsylvania, and any other real estate in Plaintiff's name. 6. The parties agree to cancel the current alimony pendente lite order through Domestic Relations effective February 1, 2002. In the event any payments are received by Defendant as a result of wage attachments after February 1, 2002, appropriate credit will be given to Plaintiff. 7. Defendant agrees to deliver to plaintiff a military pistol currently in her possession but owned by Plaintiff. plaintiff agrees to register said weapon. The parties have made arrangements for return of the item, which shall 4 -,flit ~-- be done no later than ten (10) days from today's date. Other than the item referenced above, the parties waive any and all right, title and interest they have to any tangible personal property in the other person's possession. All tangible personal property in the possession of either party shall remain their property. 8. Defendant agrees to withdraw her claim for alimony in this action. 9. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims, THE MASTER: I neglected, when we began the remarks on the record, to identify who was In the hearing room at the time that the agreement was to be placed on the record. Present are the Plaintiff, John E. Des Laurier, and his counsel Douglas G. Miller, and the Defendant, Mari Vangi Des Laurier, and her counsel Michael A. Scherer. Both parties were present when we began the statement of the agreement on the record and are still in the hearing and are going to be addressed on the record regarding their presence and their understanding of the agreement. Mr. Miller. 5 i~~,,_~ _ , - - - ~-, MR. MILLER: Mr. Des Laurier, you've been present for the agreement as it was read on to the record? MR. DES LAURIER: Yes, sir. MR. MILLER: And do you understand the terms as they have been read on to the record? MR. DES LAURIER: Yes, sir. MR. MILLER: And do you agree with the terms and conditions as they have been read on to the record? MR. DES LAURIER: Yes, sir. MR. SCHERER: Marie, have you had an opportunity and enough time to consult with me in this divorce case before reaching this agreement today? MS. DES LAURIER: Yes, I did. MR. SCHERER: Have you been present throughout the dictation of the, agreement this morning? MS. DES LAURIER: Yes, sir. MR. SCHERER: Did you understand the terms of the agreement as it has been dictated? MS. DES LAURIER: Yes, sir. MR. SCHERER: And is it your desire to enter into the agreement as dictated? MS. DES LAURIER: Yes, sir. 6 ~~ , ~ MR. SCHERER: Has anybody forced you or coerced you to settle this case this morning? MS. DES LAURIER: No, sir. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: DATE: l S G. Miller ey for Plaintiff Jhs/t)J, J# .M4//~,'k ; 'I Johr(/E. Des Laurler Michael A. Scherer Attorney for Defendant Marie Vangi Des Laurier 7 ,111_)_ , ~ .., ;i OROER/NOTlCE TO WITHHOLD INCOME FOR SUPPORT .])Jd:, 6<f!JOD -/ ? iF;} {! I [// L State ,Co~monwealth of Penns~lvania ,1?(1A rC5 71- '::-/D "" ""/'] CoJClty/Dlst of CUMBERLAND rt-Jt;-x' (PJ,;)-7 2r / Date of Order/Notice 03/18/02 ]){ ~/ Cou'rt/Case Number (See Addendum for case summary) @Original Order/Notice o Amended OrdeJlNotice -0 Terminate Order/Notice ) RE, DES LAURIER, JOHN E. ) EmployeelObligor's Name (Last, ~irst, Ml) ) 008-32-3490 ) ~mployeeJObligor's Social5ecurity Nu'mber ) 8642100528 ) EmployeeJObligor's Case Identifier ) (See Addendum for plaintiff names associated with cases on attachment) ) Custodial Parent's Name (last, First, Ml) ) EmployerNVithholder's Federal EIN Number ABF FREIGHT SYSTEMS EmployerANithholder's Name PO BOX 10048 EmployerNVithholder's Address 3801 OLD GREENWOODRD 729 FORT SMITH AR 72917-0048 See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMA nON: 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 unti I further notice even if the Order/Notice is not issued by your State. $ 1,000.00 per month in current support $ 0.00 per month in past-due support Arrears 12 weeks or greater? @yes 0 no $ 0.00 per month in medical support $ 0.00 per month lor genetic test costs $ per month in other (specify) for a total of $ 1,000.00 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 CY, c1e, u~e the fOll,OWing to deter,mine how much to with~, !?:,' ,'::g(),',. '._..,':.~, ",' ','.. $ 230,77 per weekly pay period, ~.~:::~=-'_~'~-_ -__ ' " ~ :~~: ~~ ~:~ ~~~~~~~t~f: ~:~i~~r~~~e(~\~~ aW~:~h), " ,,~,1J~1:--"" -- n__ $ L 000.00 per monthly pay period, .,--, /it ,-- - 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 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 pg, 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 SCDU, 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. 8Y THE COURT: E})/uMb 5: JVJGt::: Form EN.028 Worker 10 $R640 Date of Order: MAR 1 9 200Z Servi ce Type M ~; OMB No.; 097D-Q1S4 -" .,. - E' e: 12131100 _ ~-/7"C7J- I _ ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS D If checked you are required to provide a copy of this form to your employee, 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 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/obligor, 3,* Reporti"g t1,e Pa,date/Dare ufV.'itl,l,oldi"g, ','ou In"st !epOltll,( pa,d~,'date of ,,;tl,l,oldil,g ,,1,01, s("ding t1,o pa,lnent TI,. pa,date/dare of "ill,l,oldi"g is th. d.t~ 01, "I,ich '",O""t "as "itl,\,.ld 110n, Ih. ",,,plo,ee's "ag"" 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 the withholding order and forward the support payments, 4, * Employee/Obligor with Muitiple Support Holdings: l!there is more than one Order/Notice to Withhold Income for Support against this empioyee/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 the greatest extent 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 and return a copy of this Order/Notice to the Agency identified below, WITHHOLDER'S iD: 7102494440 EMPLOYEE'S/OBLlGOR'S NAME: DES LAURIER. JOlIN E. EMPLOYEE'S CASE IDENTIFIER: 8642100528 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 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 employed in another State, in which case the law of the State in which he or she is employed governs, 8, Anti-<liscrimination: You are subject 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 she is employed 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)l; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment 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 taxesi Social Security taxes; and Medicare taxes. 10. *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, Requesting Agency: 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 (71 7) 240-6248 or by Internet @ Page 2 of 2 Form EN-028 Worker ID $R640 Service Type M OMB No.: 0970-0'54 Expiration Date: 12/31/00 '''f'fI''I'l" --,"" , , ~ . - ADDENDUM Summary of Cases on Attachment Defendant/Obligor: DES LAURIER, JOHN E. PACSES Case Number 765102987 /303t.;>'>' Plaintiff Name '/ ~ MARIE V. DES LAURIER Docket Attachment Amount 00-1822 CIVIL$ 1,000.00 Child(ren)'s Name(s): DOB t5li~~~~.~~~:~~~~;~;~~~;;:J;~~~~:I;~:~~i;~;~~;i............ ......... identified above in any health insurance coverage available through the empioyee's/obligor's employment PACSES Case Number Plaintiff Name 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 PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0,00 Child(ren)'s Name(s): DOB ...tl;i~~:~~:d;~~~~;~..;:~i;;;~:~;~;lt~: .~~i,di;~~;i......... ..... identified above in any health insurance coverage available through the employee's/obligor's employment Service Type M PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0,00 Child(ren)'s Name(s): DOB b;i~~~~~:d:;~.~...~;:;~~~i;~d;g~~;;;I;~:.~~ild~;;~;.....i.ii identified above in any health insurance coverage available through the employee's/obligor's employment PACSES Case Number Plaintiff Name 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 PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ...dli~~~~~~:..~g.~..~;;;;~~i;:d;g.:~;~:I;~:..~~il~i;~~;..i........... ....... .. identified above in any health insurance coverage available through the employee's/obligor's employment Addendum Form EN-028 Worker ID $R640 OMB No.: 0970-()154 Expiration Date: 12131/00 ,"""'"""'''''''' ,~~~ - ~ .,. . ~ ~-~, ~ ~ ""~, ~. ~, ~" " O' ,'-, , "' "J ';' ,-,,- I",. ., "',~,.~ " "._"C"_,_<I.~_,,"" -,~ M"'~ .=~ -~,- ...,... ',,.. (') C) 0 ~ I"'",:, I 1 <'- 3: ""T) ,-, , fTI ~-,:~ -;..- :c::' <- ~,. ,"0 '::s (n C, ~: -.:: i r:~ I "" " C) --- ~^D I , c"'::: ~.::' -- - "-P :~ , , ('5 c: ::? C) n) :':J :-1 in c_ ::0 -', ( .n ---( - ,.,..~.~T!I/;1llp_!lmml!I~~._?__"""~_O'_T~","~,lfl'{l ~ . 'W In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION MARIE V. DES LAURIER ) Docket Number 00-1822 CIVIL ....'-~ Plaintiff ) 765102987/303&;;l-- VS, ) PACSES Case Nwnber JOHN E. DES LAURIER ) Defendant ) Other State ID Nwnber PETITION FOR MODIFICATION OF AN EXISTING SUPPORT ORDER ~.~.....- -.0 m~~ 1. The petition of JOHN E. DES LAURIER respectfully represents that on FEBRUARY 26, 2001 , an Order of Court was entered for ALIMONY PENDENTE LITE MARIE VANGI DES LAURIER '" i-,-n A true and correct copy of the order is attached to this petition, Service Type M Form OM-501 Worker ID 21205 i. ~.="~~ . .; DES LAURIER v, DES LAURIER PACSES Case Number: 765102987 2. Petitioner is entitled to 0 increase 0 decrease @ termination 0 reinstatement o other of this Order because of the following material and substantial change(s) in circumstance: (Please complete this section by listing the reasons for your request.) SEE ATTACHED. WHEREFORE, Petitioner requests that the Court modify the existing order for support. Petitioner I verify that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~ 4904 relating to unsworn falsification to authorities. APRIL 22. 2002 Date ':!_ ,t ~.,.~ "h'I~_ ... ~ner Service Type M Page 2 of 2 Form OM-50l Worker ID 21205 ,- MARIE V. DES LAURlER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. DOMESTIC RELATIONS SECTION DOCKET NO. 00-1822 CIVIL PACSES CASE NO. 765102987 JOHN E. DES LAURlER, Defendant ATTACHMENT Plaintiff and Defendant reached an agreement on January 30, 2002, at a Divorce Master's Hearing scheduled in the above referenced action, The parties specifically agreed, as noted in Paragraph 6 of the Master's Report, to cancel the current APL Order as of February I, 2002. The Master's Report on page 3 further states that: "It is specifically noted, however, that when the parties leave the hearing room today, even though there is not a subsequent signing by the parties to affirm the terms of settlement, they are bound by the terms of the agreement as stated on the record at this time." The agreement has been signed by Defendant and forwarded to Plaintiff who has failed and refused to sign the same, Plaintiff has requested another hearing before the Divorce Master which is not scheduled until June 4, 2002, because of the Master's schedule and Plaintiffs vacation to Colorado, This delay will be a considerable hardship for Defendant and will delay fmalization of the divorce as well as allow Mrs. DeLaurier to continue to receive APL payments despite their agreement to the contrary, , L~,. - ~ c c' - ,.",. ,. -' _ '-"""-" ,-<.~""--~ ..-"-~""",,,,",.~~~. ,. ~"",--" .,~ - -', ~-'^.< ,~"'- ~~, "., ,~-~~, ,.,~" ". . . = - DR 30362 PACSES ID 765102987 JOHN E. DesLAURIER, Plaintiff/Respondent vs. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : DOMESTIC RELATIONS SECTION ; CIVIL ACTION - LAW MARIE V. DesLAURIER Defendant/Petitioner ; NO. 00-1822 CIVIL TERM ORDER OF COURT AND NOW, this 26th day of February, 2001, based upon the Court's determination that Petitioner's monthly net income/earning capacity is $1,112.64 per month and Respondent's monthly net income/earning capacity is $4,233.18 per month, it is hereby Ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit, $1,000.00 per month payable weekly as follows; $230.77 per week for alimony pendente lite and $0.00 on arrears. First payment due with next pay date. Arrears set at $2,000,00 as of February 26, 2001. The effective date of the order is January 16,2001. Husband is to report to the Domestic Relations Office with a payment plan for the retroactive arrears within five days upon receipt ofthis order. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa.C.S,s 3703. Further, if the Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and its discretion make an appropriate Order, including, but not limited to, commitment of the Respondent to prison for a period not to exceed six months, Said money to be turned over by the P A SCDU to: Marie V. DesLaurier. 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: P A SCDU P.O. Box 69110 Harrisburg, PA 17106-9110 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. ',~rol The Respondent is to provide medical insurance coverage.. 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. ], Shadday Mailed copies on 3 idOl to: < ~ Petitioner Respondent Samuel Milkes, Esquire Douglas Miller, Esquire BY THE COURT, ~'1~ , J. Edgar B. Bayley -,' ,= ~._" ~~ '" i ~ , .= ~ ~~ ~=r~ ~" _U-~ , _~,~~""'~""""~"'=~ ~ ~~ .~~~,~JrlJ ~'''''''''''''"",,",''~' "'" ."Q'~~ ~ ~"~ .- 0 cC> ,- ,j c: ['.) '"i'l ?~ ~ -'1 l~-: ,J nl " :::0 ...!..J -? , - tf.,,,~ '--,-. L._ . '" u.; .- -~, .' ';-,') r:::C' :r-~(-.. ~"D '. ~'"," , " Z " ~~ ) n :'( ~" '.-.-' i" I " (~ '_..r'" Z ~, ~n ,.-. ---I =0 -< en -< - !!QI!III""~"'I ,_,~ ~...,~t"!lIff! __f'='~~ .- JOHN E DES LAURIER, PLAINTIFF/PETITIONER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V, MARl VANGI DES LAURIER, DEFENDANTIRESPONDENT 00-1822 CIVIL TERM ORDER OF COURT AND NOW, this /:}/- day of May, 2002, upon consideration of the within Defendant/Respondent's answer to petition for special relief, and noting that the Divorce Master has been appointed by the court in this case and a conference has been scheduled in this matter for June 4, 2002, before the Divorce Master to address the matters raised in the within petition for special relief, the petition for special relief is hereby referred to the Divorce Master. The hearing scheduled before this court on May 22, 2002, at 3:00 p.m" IS CANCELLED. However, the part of the order of April 26, 2002, providing that all APL payments shall be placed in escrow shall remain in effect pending an order to be entered following consideration by the D' orce Master. Douglas G, Miller, Esquire ~ For Plaintiff/Petitioner Michael A Scherer, Esquire For Defendant/Respondent _ ~ ~ ti/7/lP:L. ~,1f. Domestic Relations Office Divorce Master :saa ;~.. , - -1. - ,'~_ , 1- . ,c,.- ,:',.Lj!d;i~(0"",."a<:.>."" ";';-'."" '1'- ~",J "w.', ,-lii:m~~iii'J~~~~""'-'~~. c"., 11~,J f~f;'J \f ~.... I;t: r _.'...."""""" 'U' )~~';';-,. ...... ,:""" '::;~}7.A/1V -6 FI,] ? ,-}: ~R '" CUfVJjL:(j'i..,_'~!\-{ J ." ',r_ PE'\j!\\''''L'' C,U,I'\ITV "'--\]fi1"Il~1 ~Idl . ~I/\!\:A W~~ ,0, "' ".~_ JJ;,t~'~- ,~- ~ I lO.i ~~- ~ JOHN E DES LAURIER, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, NO, 00-1822 CIVIL TERM MARl VANGI DES LAURIER, DefendanURespondent CIVIL ACTION-LAW IN DIVORCE DEFENDANT/RESPONDENT'S ANSWER TO PETITION FOR SPECIAL RELIEF AND NOW, comes the DefendanURespondent, Marie Vangi Des Laurier, by and through her attorney, Michael A Scherer, Esquire, and respectfully represents as follows: 1,-8. Admitted, 9, Admitted in part and denied in part, The parties reached what they believed was an Agreement at the January 30, 2002 conference, but it was later determined that an essential element was not addressed in the Agreement and therefore the Agreement is incomplete. 10.-19, Admitted. 20, Denied, The delay in this matter has been caused by the Petitioner and it has resulted in a hardship to the Respondent as well as the Petitioner. 21, Denied, It is believed that the matters at issued can be resolved before the Divorce Master. 22, Denied, '1""'" . ,'C_ -,":,n'_,. -,--'_Jc-_,..,.""",>-,_".",,~_"..,-,:-<-_r4",)=__ ..,-"",-" -,I,", '~_'~_"'_'_ _'~"~_>__'_-"<__ ,_~!_ ,-...., ~,r:._ '_'_'_'"'"'."" ."<_=_,_,,,,_ _ '_ __ ., __~ __~,_ I ~~ NEW MATTER 23, After the parties attempted to reach an Agreement on January 30, 2002, it came to undersigned counsel's attention that the Petitioner owed the Respondent approximately $3,000,00 in APL arrears, which the Agreement does not address. 24, Undersigned counsel promptly contacted counsel for the Petitioner to make certain that it was Petitioner's understanding that the support arrears would be paid in full by Petitioner through a wage attachment in addition to the other obligations set forth in the Agreement the parties attempted to reach, 25, Petitioner's counsel informed undersigned counsel that Petitioner did not intend to pay the support arrears in addition to the other obligations in the Agreement, which is set forth in a letter from Petitioner's counsel dated February 15, 2002, and is attached as "Exhibit A" 26, Undersigned counsel then learned that Petitioner had directed the Domestic Relations Office to stop charging the Respondent for APL and further to discontinue the wage attachment against Petitioner. Without the wage attachment against Petitioner, Respondent would not be in a position to collect the APL arrears which she believes are due her. 27, Undersigned counsel thereafter contacted Domestic Relations and indicated that undersigned counsel does not believe that there is a complete Agreement and that Respondent therefore refused to sign the written Agreement and thereafter Domestic Relations began re-charging Petitioner for APL and re-initiated the wage attachment against Petitioner. "---~-'''' . .', _'._. ~. R"'_--,,-..,<<:,,_-~..--. , _"_._,,, " ~~ ,< ",-, 28, In late March or April, 2002, Petitioner's counsel advised undersigned counsel that Petitioner now took the position that he is agreeable to pay the support arrears but he wants the payments made since January 30, 2002, to be applied to APL arrears only and not actual APL despite the fact that the parties have remained married during the period in question and despite the fact of Petitioner's initial refusal to agree to pay the arrears was what caused this delay, 29, Had Petitioner simply agreed to pay the arrears which he owed Respondent on January 30, 2002, this delay would not have occurred and since Petitioner is now agreeing that he will be responsible to pay the arrears, the delay occasioned by Petitioner's actions have caused the damages Petitioner cites in his Petition For Special Relief. 30, The Divorce Master has been appointed in this matter. 31, The appointment of the Divorce Master in this matter has not been vacated, 32, The Divorce Master has convened a conference for June 4, 2002 to address the exact matter raised in Petitioner's Petition For Special Relief. 33, Respondent is willing to sign the Agreement in question provided Petitioner agrees to continue to pay the full amount of the arrears owed as is indicated at the Domestic Relations Office through a wage attachment. ~?'". . <"-->. - - '- ,~" ,_ --. ' ". ~'^' , .-,., _ _ c ,,,-- -~, .'."-. -~. WHEREFORE, undersigned counsel respectfully requests that this matter be referred to the Divorce Master who has jurisdiction over this case, Respectfully submitted, O'BRIEN, BARIC & SCHERER :;::JU~t1M ~ - Michael A Scherer, Esquire LD. # 61974 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 mas.dir/domestic/divorcelvangi2.ans l;;%,,,"~ ~~,- <- '> "~,-,, c,,,,,__,,~,-,.,, _, ~_,.__ __~"__,_____:__ _~_,,'_ ,< c,_,',c~,'__,__,,"__or-.,=, " ".._ VERIFICATION I verify that the statements made in the foregoing DefendanURespondent's Answer To Petition For Special Relief are true and correct to the best of my knowledge, information and belief, I understand that false statements herein are made subject to the penalties of 18 Pa, C,S, 9 4904, relating to unsworn falsification to authorities, ~~ Michael A Scherer DATED: '1. 2 '1. r.P 1-- , i,,_~,,_ -"<'.'. oO,1__~,,_, -" '''~'~_ J"'--7-_~" ."=~,,.~ '__'.'__"'"'~ '" _ '~_"_'^ '.' , -~.- - . ~ , LAW OFFICES IRWIN McKNIGHT & HUGHES ROGERRIRWIN MARCUS A, McKNIGHT. III JAMES D. HUGHES REBECCA It HUGHES MARK D, SCHWAR7Z DOUGLAS G. MlUeR WEST POMFRET PROFESSIONAL BUILDiNG 60 WEST POMFRET STREET CARLISLE. PENNSYLVANIA 17013-3222 (717) 249-2353 FAX (717) 249-6354 E-MAIL.IMHLAW@SUPERNET.COM HAROLDS,IRWIN (19ZH977) HAROLDS, IRWIN. J/t 119$4-1986) IRW/N.IRWIN&.IRWiN (/956-1986) IRWIN, IRWIN&. McKNIGHT (1986-1994) JRWlN.McKNIGH1'&HUGHES (1994- ) , February 15, 2002 MICHAEL A. SCHERER, ESQUIRE O'BRIEN, BARIC & SCHERER 17 WEST SOUTH STREET CARLISLE, PA 17013 RE: DESLAURIER v. DESLAURIER No. 00 - 1822, In Divorce Dear Michael: . In response to your correspondence of February 14, 2002, my recollection is that during our discussions we had referenced the issue regarding when the APL award should have started and how that issue was not explicitly addressed by Judge Hess. Furthermore, the draft agreement through the Divorce Master states that the APL order through Domestic Relations would be cancelled effective February I, 2002. As this was to be a comprehensive settlement of the issues, it was my understanding that any arrearage was being waived, It is my further understanding that this was part of the reason for Mr. Des Laurier's agreement to provide an initial lump sum payment. I do not believe he would have agreed to pay $3,485.00 up front and then agree to pay the arrearage on top of that as well. I will be contacting my client to further discuss this matter, but I do not believe that your client's position that she is entitled to both figures will be acceptable. As I had also mentioned to you, I am holding my client's payment of $3,485.00. Please contact me in the event you have any questions with regard to the above, or in the event your client has another proposal. Very truly yours, IRWIN, McKNIGHT & HUGHES ~!~ 1 DGM:tds cc: John E. DesLaurier ee: Marie Vangi 02/20/02 "EXHIBIT A" ~Je~ '.l,~ -;; . CERTIFICATE OF SERVICE I hereby certify that on April L. 2002, I, Jennifer S, Lindsay, secretary to Michael A Scherer, Esquire, did serve a copy of the Defendant/Respondent's Answer , To Petition For Special Relief, by first class U,S. mail, postage prepaid, to the party listed below, as follows: Douglas G. Miller, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, Pennsylvania 17013 ~s~ r~, ~ , '<HT, _-.~ " _,~ _ _, _ _ _~,. ,. , ,,'~'_ J ._ _ _ - ,'" 1 '. < ,- -,~ y. ,~. . . -. ,,-, " ,_,c "' ,,-'J." ~ ~ --~--.~' '.h'o .~,' ij..,-^ - ,~.,,,,~,~!f~1I!I . ,. -.-~'" " ~ '~''''''' -,;!' ~~_ " ". ,,0'""-' (") C' ("") C f"-.,) ~n ~~ :;::JI;> I ri:-i ~:.-. ~-f' - Jd .';'Co 1" :~'0 ,'". N - ;" , , \..0 ::1 i..,..J " (~) ..-. , - ~.;:~ ',", -"- " ,,:',-, C';, ::'1.': ,--... (j i'- c: "" (-') -n ~. S ..:::\ L ,:',,) )"': -j :XI -< r V -< ~ ...,....,..,.,~~,- ''''',<-,P'_ ,=-;""_, ,e ,< .~.-_"___,,,,";\IIi JOHN E. DES LAURIER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 00 - 1822 CIVIL MARl VANGI DES LAURIER, Defendant IN DIVORCE ORDER OF COURT AND NOW, this r~ (1.1"'.1 !) day of ,~u, U entered into an addendum dated 2002, the parties and counsel June 4, 2002, to the agreement and stipulation entered on the record on January 30, 2002. The original agreement and stipulation and addendum have been transcribed, and signed by the parties and counsel. The appointment of the Master is vacated and counsel can conclude the proceedings by the filing of a praecipe to transmit the record with the affidavits of consent of the parties so that a final decree in divorce can be entered. BY THE COURT, IMichael A. Scherer Attorney for Defendant fer &-5-0& .J. cc: I'DOuglas G. Miller Attorney for Plaintiff ::._)J . -, , "'.. -liIIlIllilEliI <>>'''''''>'' llllilllil.il.mlijdlitill"!NW.,;Mj!r,i!fi~l.a "<'- .. .'< C;'. I'': ",j' t~,\:_17P~:;~~'_-~,C\~'~'.~\flt\liY f''I I'I\! .,,5 do.. .,,1...,1.. '" ,\. "/d~ ~"tli i . ,,'" > '_'" ;"'('1\Jt,.rrv ~u"-<"-'-.'- ',".,',\i" ,,',. l-.l. '" 'l',!,),~",,-, )\J-'., ~...,. -.-'- v ";::E=.'~" 'sy, \liiNIA \:"' \ '1\ 'l l l_~, ., -i1i' \ \~: ( " i-~ JOHN E. DES LAURIER, Plaintiff IN THE COURT OF COMMON PLEA OF CUMBERLAND COUNTY, PENNSYLVANIA Vs. NO. 00 - 1822 CIVIL MARl VANGI DES LAURIER, Defendant IN DIVORCE THE MASTER: Today is Wednesday, January 30, 2002. This is the date set for a hearing to take testimony on the date of separation of the parties. The Master has been advised, however, that counsel and the parties have reached an agreement with respect to all of the outstanding economic issues and wish to proceed with a statement of the agreement on the record and ultimately conclude the divorce by the signing and filing of affidavits of consent and waivers of notice of intention to request entry of divorce decree. The divorce action was initiated by complaint filed on March 24, 2000. The complaint raised grounds for divorce of irretrievable breakdown of the marriage; no economic claims were raised in the complaint. On January 16, 2001, the Defendant filed a petition for alimony pendente lite; on October 8, 2001, the plaintiff filed an amended complaint raising the economic claim of equitable distribution; on October 18, 2001 the Defendant filed a counterclaim raising the economic claim of alimony. No claims have been raised in the action for 1 , ~ , , ~~ I I ~ ~ counsel fees and costs. The parties were married by acknowledging a common-law marriage pursuant to an affidavit dated July 2, 1998, and signed by both parties. The affidavit was sworn to and subscribed before a notary public on July 2, 1998. Pursuant to the affidavit, the date of the affidavit is the date of the marriage of the parties. The affidavit is made a part of these proceedings. The affidavit is in the Master's file but has not been clocked in or filed with the Prothonotary. There was an issue that was raised at the conference on December 11, 2001, regarding the date of separation. Husband averred that the date of separation was November 5, 1999, and wife averred the date of separation was March 31, 2000. Counsel have indicated that they do not believe that it is necessary that we specifically arrive at a date of separation inasmuch as the economic issues have been resolved and the date of separation will not be relevant to determining valuations in the case. An agreement is going to be placed on the record in the presence of the parties. The agreement as stated on the record will be considered the substantive agreement of the parties not subject to any changes or modifications except for correction of typographical errors 2 . . ~.~ which may be made during the transcription. The agreement as placed on the record will be transcribed and then will be sent to counsel and the parties to review for typographical errors, any corrections of typographical errors will be made, and then the agreement will be presented to the parties and counsel for signature. The purpose of signing the agreement will be to affirm the terms of settlement as stated on the record. It is specifically noted, however, that when the parties leave the hearing room today, even though there is not a subsequent signing by the parties to affirm the terms of settlement, they are bound by the terms of the agreement as stated on the record at this time. Upon receipt by the Master of the completed agreement from counsel, the Master will prepare an order vacating his appointment and counsel will then be in a position to file a praecipe transmitting the record to the Court requesting a final decree in divorce. As previously noted, the parties are going to obtain the divorce under Section 3301(c) of the Domestic Relations Code. Counsel are charged with filing the affidavits of consent and waivers of notice of intention to request entry of divorce decree within seven (7) days of today's date. Mr. Miller. MR. MILLER: ~!! "," . ' 3 .- 1. Plaintiff agrees to pay to Defendant a lump sum payment of $3,485.00 in consideration of equitable distribution claims. Said payment shall be made within seven (7) days from today's date. Payment will be made by check made payable to Defendant and delivered to Defendant's counsel within the specified time period. 2. Plaintiff shall pay COBRA benefits for Defendant for a period of 19 months. According to the Central Pennsylvania Teamster Health and Welfare Fund, the current rate is $303.00 per month. In the event Defendant, through her employment, is able to obtain insurance at no cost to her, Plaintiff's obligation to provide COBRA benefits shall end. Plaintiff's obligation to provide COBRA benefits shall not extend in any event beyond 19 months. To that end, Plaintiff agrees to provide coverage during the 19-month period even if said amount increases. The payment obligation and coverage shall commence the date that Plaintiff provides notice to his employer that the divorce has been finalized. 3. The parties agree to be responsible for any debts that are in their name and to that end, agree to indemnify and hold harmless the other party for any debts that they are responsible for. Specifically, husband agrees to be solely responsible for the home equity loan currently against the property at 445 Ponderosa Road, Carlisle, Pennsylvania, and hold Defendant harmless from any responsibility or obligations under that home equity loan. 4. form life The parties agree to waive any of pension or other retirement insurance in the other parties and all claims to any plans and any form of name. 5. Defendant agrees to waive any right, title or interest that she has to the real estate located at 445 ponderosa Road, Carlisle, Pennsylvania, and any other real estate in Plaintiff's name. 6. The parties agree to cancel the current alimony pendente lite order through Domestic Relations effective February 1, 2002. In the event any payments are received by Defendant as a result of wage attachments after February 1, 2002, appropriate credit will be given to Plaintiff. 7. Defendant agrees to deliver to plaintiff a military pistol currently in her possession but owned by Plaintiff. Plaintiff agrees to register said weapon. The parties have made arrangements for return of the item, which shall 4 '.~:!,. ~~ '-, , be done no later than ten (10) days from today's date. Other than the item referenced above, the parties waive any and all right, title and interest they have to any tangible personal property in the other person's possession. All tangible personal property in the possession of either party shall remain their property. 8. Defendant agrees to withdraw her claim for alimony in this action. 9. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. THE MASTER: I neglected, when we began the remarks on the record, to identify who was in the hearing room at the time that the agreement was to be placed on the record. Present are the Plaintiff, John E. Des Laurier, and his counsel Douglas G. Miller, and the Defendant, Mari Vangi Des Laurier, and her counsel Michael A. Scherer. Both parties were present when we began the statement of the agreement on the record and are still in the hearing and are going to be addressed on the record regarding their presence and their understanding of the agreement. Mr. Miller. 5 ~~~~ ~ ' - " _, -T - t ~ MR. MILLER: Mr. Des Laurier, you've been present for the agreement as it was read on to the record? MR. DES LAURIER: Yes, sir. MR. MILLER: And do you understand the terms as they have been read on to the record? MR. DES LAURIER: Yes, sir. MR. MILLER: And do you agree with the terms and conditions as they have been read on to the record? MR. DES LAURIER: Yes, sir. MR. SCHERER: Marie, have you had an opportunity and enough time to consult with me in this divorce case before reaching this agreement today? MS. DES LAURIER: Yes, I did. MR. SCHERER: Have you been present throughout the dictation of the agreement this morning? MS. DES LAURIER: Yes, sir. MR. SCHERER: Did you understand the terms of the agreement as it has been dictated? MS. DES LAURIER: Yes, sir. MR. SCHERER: And is it your desire to enter into the agreement as dictated? MS. DES LAURIER: Yes, sir. 6 ~ . ,.', ~ r - . , "C" MR. SCHERER: Has anybody forced you or coerced you to settle this case this morning? MS. DES LAURIER: No, sir. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: DATE: 3115/1)3, ;JAL '?;:)~JP>~~ ~ 'I Johr(/E. Des Laur~er I Dougl s G. Miller Attor ey for Plaintiff 1!!t44 ~ Michael A. cherer Attorney for Defendant t/'1/02- -m~ ~ Marie Vangi Des Laur er 7 ~ J .... ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT ~RI omoo-/~;>-~ (!('C//L State Commonwealth of Pennsvlvania AJdAg f' (J 76>6/0;;z9 tf 7 CoJCity/Dist of CUMBERLAND / 1'---' ~ Date of Order/Notice 08/05/02 ole. 3t'8f,;,J). Court/Case Number (See Addendum for case summary) o Original Order/Notice o Amended Order/Notice @'TerminateOrder/Notice ) RE: DES LAURIER, JOlIN E. ) Employee/Obligor's Name (last, First, MI) ) 008-32-3490 ) Employee/Obligor's Social Security Number ) 8642100528 ) Employee/Obligor's Case Identifier ) (See Addendum for pJaintiH names associated with cases on attachment) ) Custodial Parent's Name (last, First, MI) ) Employer/Withholder's Federal EIN Number ABF FREIGHT SYSTEMS EmployerMlithholder's Name PO BOX 10048 l:~ployer^"ithholder's Address 3801 OLD GREENWOOD RD 729 FORT SMITH AR 72917-0048 See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: 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 currentsupport ' $ 0.00 per month in past-due support Arrears 12 weeks or greater? Oyes Q9 no $ 0.00 per month in 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 laterthanthe first pay period occurring ten(10) working days after the date ofthis 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 the allowable amount The total withheld amount, and your fee, cannot exceed SS%'ofthe employee's! obligor's aggregate disposable weekly earnings, For the purpose of the limitation on withholding, the following information is needed (See #9 on pg, 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 SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER lD(shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: -7U &'c Form EN-028 Worker ID $IATT Date of Order: AUG. 6 2002 Service Type M ~ G)wMb EM""'" r)1i/~ - ,', ~ " . - OMBNo.:0970..Q154 : - 1'1 '-ation Date: 12/31/00 -~~ ./ ',. ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS D If checked you are required to provide a copy of this form to your employee, 1, Priority: Withholding underthis 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 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/obligor, 3,' Repo,ti, ,g the PaydMdDaoc &f Witl ,I ,oldil ,g. You n ,ust lepolt the paydate'daoc of "itl ,holding "l.en sending the payment The paydate/Jitte (of "al,I,(oldi"g is d,e date 0" "I,iel. a",(lunt "as "ithheld .01" tl,c el"pl(lyee's "ages. You must comply with the law ofthe state of the employee's/obligor'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,' Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice/a 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 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 infonnation requested and return a copy of this Order/Notice to the Agency identified below, WITHHOLDER'S ID: 7102494440 EMPLOYEE'S/OBLlGOR'S NAME: DES LAURIER, JOHN E. EMPLOYEE'S CASE IDENTIFIER: 8642100528 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6, Lump Sum P~yments: 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 employed in another State, in which case the law of the State in which he or she is employed governs, B, Anti-<liscrimination: You are subject to a fine determined under State law for discharging an employee/obligorfrom 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 she is employed 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)l; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment 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 Security taxes; and Medicare taxes, 10, '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, Requesting Agency: 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 (71 7) 240-6225 or by FAX at Inn 240-6248 or by Internet @ Page 2 of 2 Form EN-028 Worker ID $IATT Service Type M OMB No.: 097().()154 Expiration Date: 12/31/00 "~'\"""f." ~""""", ~ ..~.;' "-. 0 -~ " '-" ---,.1 c: 1'0 ~n g ~ c"- --0 -co rnr;:-: G'i ,-I ~ -;:.>-- -:,:P3 .<--.-'-' I ZC cn2:.. 0) ~:,2 (L.) -<.,:'~ r;:C:; I ,.,~ ~ 'i-" 'I >'{" '3: f';?r5 Z .) ._-=:(1 m .-=; ~ n :J>C C/ .--1 ~ ?D .-J -< :-'--~, ,~ ,\~ ,. ~~. _~~'\i''''''''''''''''___'~""~ ~~_, _."~_~~~lW.t;!'T,~;Y"":~"t11"'1!l!~_,~l!fj;r,n'~~m!jilj!_~'*tf!JJB'Uft!lN'_ll!Il'!l!l [I;'l~nw: In the Court of Common Pleas of CUMBERLAND County, Peunsylvania DOMESTIC RELATIONS SECTION JOHN E. DesLAURIER, ) Docket Number 00-1822 CIVIL Plaintiff /Respondent ) VS, ) PACSES Case Number 765102987/D30362 MARIE V. DesLAURIER, ) Defendant/Petitioner ) Other State 10 Number ORDER AND NOW, to wit, on this 26TH DAY OF AUGUST, 2002 IT IS HEREBY ORDERED that the support order in this case be 0 Vacated or OSuspended or G) Terminated without prejudice or 0 Terminated and Vacated, effective JUNE 4, 2002 , due to: THE PARTIES' AGREEMENT BEFORE THE DIVORCE MASTER ON JUNE 4, 2002. DRO: RJ Shadday XC: plaintiff defendant Lbuglas Miller, Esquire Michael Scherer, Esquire BY THE COURT: OOIlcr "-(.'1 vn r.. /JU -or Edward E.. Guido JUDGE Service Type M Form 0E-504 Worker 10 21005 :,~-~, - OUw , r ~ ~ ~ -_4 . i 1\ :'-'0_. _ ~ , ~ .~ " ~'~~ ,'~ . ~ /".' .1 It. '." .,-" (') 0 0 ~ N -n "'" --, ~fB c: A;:n en . , ~, N --0 PI ZC ."s: -J ..'"-, ~4 UCJ ~ ~, ..-::i-ri <::::'---""- -0 :;-h;-,:u ?Z:c :x ~D -0 ~ OfT! );>c: ;"I ~ ':J'I ~ ct:J ~ ~- ~~_~~j;;if\'mj;!",il'W81!;<!$R1"~iIfF!;o!l;{"'~__ -~"-1 ,'"S" ~1W