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Home My WebLink About02-5951 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PAULA J. TAYLOR, Plaintiff VS. VICTOR K. TAYLOR, Defendant CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgement 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 fights important to you, including custody or visitation of your children. When grounds 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 Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 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. 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PAULA J. TAYLOR, Plaintiff VICTOR K. TAYLOR, Defendant CIVIL ACTION - LAW NO. ~9~ - ~ ~¢~) CIVIL IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE AND NOW, comes the above named Plaintiff, Paula J. Taylor, by and through her attorneys, Weigle & Associates, P.C., and Richard L. Webber, Jr., Esquire, and seeks to obtain a Decree in Divorce from the above-named Defendant, upon the grounds hereinafter more fully set forth: Plaintiff, Paula J. Taylor, is an adult individual presently residing at 76 Carpenter Lane, Newburg, Cumberland County, Pennsylvania 17240, since 1988. Defendant, Victor K. Taylor, is an adult individual presently residing at 619 Glenn Street, Shippensburg, Cumberland County, Pennsylvania 17257, since November 8, 2002, with a mailing address of P.O. Box 13, Shippensburg, Pennsylvania 17257. ° The Plaintiff and Defendant are nationals and citizens of the United States of America, and both have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of the Complaint in Divorce. The Plaintiff and Defendant were married on August 13, 1988, in Mongul, Franklin County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. Plaintiff has been advised that cotmseling is available and the Plaintiff may have the right to request that the court require the parties to participate in counseling. 7. The marriage is irretrievably broken. 8. The parties have lived separate and apart since November 8, 2002. 9. The Plaintiff requests the court to enter a decree of divorce. WHEREFORE, the Plaintiff prays your Honorable Court to enter a Decree in Divorce from the bonds of matrimony and for such other and further relief to which Plaintiff shall be entitled. WEIGLE & ASSOCIATES, P.C. By: Richard L. Webber, Jr., Esquire Attorney for Plaintiff Attorney ID #49634 126 East King Street Shippensburg, PA 17257 Telephone 717-532-7388 VERIFICATION I verify that the statements made in the foregoing Complaint in Divorce 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. Paula J. Taylo/~, Plaintiff4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PAULA J. TAYLOR, Plaintiff VS. VICTOR K. TAYLOR, Defendant CIVIL ACTION - LAW NO. 02-5951 CIVIL IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA · COUNTY OF CUMBERLAND · SS Patricia L. Tome, being duly sworn according to law, deposes and says that on December 31, 2002, a true and attested copy of Complaint in Divorce with Notice to Defend and Claim Rights was served upon the Defendant, Victor K. Taylor. Manner of service: by mailing the same postage paid, certified mail, addressee only, and return receipt requested, at Shippensburg, Pennsylvania, addressed as follows: Victor K. Taylor PO Box 13 Shippensburg, PA 17257 The return receipt signed by the Defendant is evidence of delivery to him and is attached hereto as "Exhibit A." PATRICIA L. TOME Sworn to and subscribed before me this 2"d day of January, 2003. WEI~3LE ~{ ASSOCIATES.P-C.-- ATTORNEYS AT LAW -- 126 EAST KIN(~STREET -- SHIPPENSBURG, PA 17257-1397 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PAULA J. TAYLOR, Plaintiff VS. VICTOR K. TAYLOR, Defendant CIVIL ACTION - LAW NO. 02-5951 CIVIL IN DIVORCE PROOF OF DELIVERY U') Certified Fee $ 60.60 Return Receipt Fee (Endorsement Required) Restricted Delive~ Fee ~l~el~ (Endomement Required) Total Postage & Fees $ ~'~ g I E O287 Postm~ Hem fl/11/2002 Victor 1[. Taylor 725Z · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: l~. Victor K. Taylor ·OBox 13 ~ippensburg, PA 17257 A. Signature B. Received by [] Agent C. Date of D~ven/ /~/a,/~ z_' D. Is delivery address different from item 17 [] Yes If YES, enter delivery address below: [] No ESTRICTED 3. ~.~/ice Type ~ Certified Mail [] Express Mail [] Registered ]~Return Receipt for Memhandl~e [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) ~Yes 2. Article Number 7000-1530-0003-5403'1219 PS Form 3811, August 2001 Domestic Return Receipt 102595-01-M.2509 E~l~IBIT "A" WEIGLE & ASSOCIATES, RC. -- ATTORNEYS AT LAW -- 1:'6 EAST KING STRi=ET _ SHIPPENSBURG, PA 17;:)57_1397 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PAULA J. TAYLOR, Plaintiff VS. VICTOR K. TAYLOR, Defendant CIVIL ACTION - LAW NO. 02-5951 CIVIL IN DIVORCE NOTICE TO DEFEND To: Victor K. Taylor 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 judgement 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 fights important to you, including custody or visitation of your children. When grounds 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 Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYWER 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 A COUNT FOR ALIMONY PENDENTE LITE AND AI,IMONY IS INCLUDF~ .HEREIN AND A HEARING IS REQUESTED. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PAULA J. TAYLOR, Plaintiff VS. VICTOR K. TAYLOR, Defendant CIVIL ACTION - LAW NO. 02-5951 CIVIL IN DIVORCE PETITION FOR RELATED CLAIMS UNDER DIVORCE CODE NOW COMES, the Plaintiff, Paula J. Taylor, and avers as follows in support of her additional counts in divorce: COUNT I - ALIMONY Petitioner is Plaintiff above named who currently resides at 76 Carpenter Lane, Newburg, Cumberland County, Pennsylvania 17240, since 1988. Respondent is the Defendant above named who currently resides at 619 Glenn Street, Shippensburg, Cumberland County, Pennsylvania 17257, since November 8, 2002, with a mailing address of P.O. Box 13, Shippensburg, Pennsylvania 17257. Petitioner and Respondent were married on August 13, 1988, in Mongul, Franklin County, Pennsylvania. Petitioner has heretofore filed a complaint for divorce as of the above caption. Petitioner lacks sufficient property to provide for her reasonable means and is unable to support herself through appropriate employment. Petitioner requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. WHEREFORE, the Petitioner prays your Honorable Court to enter an award of alimony. COUNT II - ALIMONY PENDENTE LITE~ COUNSEL FEES~ COSTS AND EXPENSES Paragraphs 1 through 6 are incorporated herein by reference as though set forth in full. Petitioner has employed counsel, but is unable to pay the necessary and reasonable attorney's fees for said counsel. 9. Petitioner is unable to sustain herself during the course of this litigation. 10. Petitioner requests the Court to enter an award of Alimony Pendente Lite and to enter an award of Alimony in her favor. 12. Petitioner requests that this petition be heard by the Cumberland County Domestic Relations Office. WHEREFORE, the Defendant requests your Honornble Court to enter an award of alimony pendente lite, interim counsel fees, costs, and expenses, until final hearing and thereupon award such additional counsel fees, costs, and expenses as deemed appropriate. COUNT III - EQUITABLE DISTRIBUTION 13. Paragraphs 7 through 12 of Plaintiff's Complaint are incorporated herein by reference as though set forth in full. 14. Plaintiff and Defendant have legally and beneficially acquired property, both real and personal, during their marriage from August 13, 1988: until November 8, 2002, date of separation, all of which property is "marital property." 15. Plaintiff and/or Defendant have acquired, prior to th,: marriage or subsequent thereto, "non-marital property" which has increased in value since the date of the marriage and or subsequent to its acquisition during the marriage, which increase in value a marital property. 16. Plaintiff and Defendant have been unable to agree as to an equitable division of said property to the date of the filing of this Complaint and substantial portions of said property are in the exclusive control of Defendant. 17. Plaintiff requests the Court to equitably divide all marital property. WHEREFORE, Plaintiff requests the Court to equitably divide all marital property and to Plaintiff and Defendant from the removal, dispositiom alienation, or encumbering of all enjoin real and personal property of the parties. Respectfully submitted, WEIGLE & ASSOCIATES, P.C. Richard L. Webber, Jr., Esquif6' Attorney for Plaintiff/Petitioner Attorney liD No. 49634 126 East King Street Shippensburg, PA 17257 717-532-7388 VERIFICATION I verify that the statements made in the foregoing Petition for Related Claims Under Divorce Code are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unswom falsification to authorities. Dated: PAULA J. TAYLOR, Plaintiff/Petitioner VS. VICTOR K. TAYLOR, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 2002-5951 CIVIL TERM IN DIVORCE Pacses# 712105730 ORDER OF COURT AND NOW, this 27th day of August, 2003, based upon the Court's determination that Petitioner's monthly net income/earning capacity is $1,334.03 and Respondent's monthly net income/earning capacity is $2,690.64, it is hereby Ordered that the Respondent Pay to the Pennsylvania State Collection and Disbursement Unit, $219.00 per month payable monthly as follows; $219.00 for alimony pendente lite and $0.00 on arrears. First payment due in accordance with Defendant's pay schedule. Arrears set at $219.00 as of August 27, 2003. The effective date of the order is August 22, 2003. 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 heating, 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.' Paula J. Taylor. Payments must be made by check or money order. All checks and money orders must be made payable to PA SCDU and mailed to: PA SCDU P.O. Box 69110 Harrisburg, PA 17106-9110 Payments must include the defendant's PACSES Member Number .or Social Security Number in order to be processed. Do not send cash by mail. Respondent 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 8-28-03 to: < Petitioner Respondent Richard Webber, Jr., Esquire Marylou Matas, Esquire BY THE COURT, Kevi . : ORDER/NOTICE TO WITHHOLD ~NCOME FOR SUPPORT State Commonwealth of pennsylvania Co./City/Dist. of cUMBERLAND Date of Order/Notice 08/27/03 Tribunal/Case Numbe~: (See Addendum for case summary) Empioyer~Vithholder's Federal EIN Number AMERIGAS 922 YORK RD DILLSBURG PA 17019-9401 (~) Original Order/Notice O Amended Order/Notice O Terminate Order/Notice RE: TAYLOR, VICTOR K. Employee/Obligor's Name (Last, First, MI) 160-48-8881 ' ~mpioyee/Obligor's Social Security Number 8318101184 Employee/Obligor's Case Identifier (See A~ndum for plaintiff names a~odated with cases ~ a~achment) Form EN-028 Worker ID $IATT OMB No.: 0970-0154 Service Type M 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 CUMBERLAiqD 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. $ 545. oo per month in current support $ 22. oo per month in past-due support Arrears 12 weeks or greater? Oyes (~) no $ 0. oo per month in medical support $ - 0. oo per month for genetic test costs $ per month in other (specify) for a total of $ 56"/. 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: $ _ 130.85per weekly pay period. $ 261.69.per biweekly pay period (every two weeks). $ 283.50. Per semimonthly pay period (twice a month). $ __ 567.00 per monthly pay period. REMITTANCE INFORMATION: YOU must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #10 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 ID (shown 4L SECURITY NUMBER IN ORDER TO BE PROCESSED. above as the Employee/Obligor's C,~asa~ I~j~ ~1, Do NOT SEND CAS. BY MA,L. Date of Order' i{~J~ 2 8 ~.i~J~ .______.,~_._ -- -- iNFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ADDITIONAL ~f"o"r em,flo,,ee works in a state that, is [] If hecked you are required, toprovi~ea opyofthisformtoyour, m ioyee, y ~, 7 · · di~erent from the state that issued this oro~eCr, a copy must be prov,~e~O~O your em~¥~yee even f the box ,s not checked. 1. We appreciate the voluntary compliance of Federally recognized indian tribes, tribally-owned businesses, and Indian-owned businesses located on a reservation that choose to withhold in accordance with this notice. 2. Priority: Withholding under this Order/Notice has priority over any other legal process nnder 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. 3. 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 ot the single payment that is a~ributable to each employee/obligor. ,4 - , ~t ...... ' ' ' ' ~i~ ~h~ ~t ~s ecttO the time pe~vage~ You must comply w,th the [aw of the state of the employee s/obligor s pnnc~pal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 5.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to withhold Income for Support against this employee/obEgor 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 #10 below) 6. 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: 8260100183 EMPLOYEE'S/OBLIGOR'S NAME: ~,AyT,OR~ ~TTC?OR ~. EMPLOYEE'S CASE IDENTIFIER: 83~.8~.0~18~ ~ DATE OF SEI'ARATION: LAST KNOWN HOME ADDRESS: - NEW EMPLOYER'S NAME/ADDRESS: 7. 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. §. Liability: ff 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. 9. Anti-discrimination: You are subiect to a fine determined under State law for dischar§ing 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. 10.* 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. 11. Additional Info: __ *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. If you or your employee/obligor have any questions, Submitted By: DOMESTIC RELATIONS SECTION 1~3 N. HANOVER ST P.O. BOX 320 ~CARLISLE PA 17013 contact WAGE ATTACHMENT UNIT by telephone at ~717) 240,-6225 or by FAX at ~.~} 240-6248 or by intemet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Worker ID ST~.~"~ Service Type ~4 OMB No: 0970-0154 ADDEN~DUM,. Su_~mmary ~f Cases on Attachment Defendant/Obligor: TAYI~OR, VICTOR K. PACSES Case Number 905105638 PACSES Case Number 712105730 Plaintiff Name D o~cket. Attachment Amount 02-5951 CIVIL $ 219.00 Child(renys Name(s): DOB ~laintiff Name Docket Attachment Amount 00~7 S 9003 $ 348.00 Child(ren)'s Name{s): DOB cked, ou are required to enro the child(ren) [] f che Y · r e availab e ., ..,._,~ ~k~,,~ n any health insurance cove ag through the employee s/obhgor s employment. PACSES Case Numb~ Plaintiff Name Docket Attachment Amount. $ o.oo Child(ren)'s Name(s): DOB checked, you are required to enro the child(ren) []If .... ' ~n" health nsurance coverage available ident TleCi above n d y through the employee's/ob igor s employment· PA~CSES Case Nu__mber Pla_ intiff Name Attachment Amount Docket $ 0.00 Child(ren)'s Name(s): DOB []If checked, you are required to enro the child ten) dent f ed above in any, hea th i.n, surance coverage available through the emp oyee s/obligor s employment _PACSES Case Number pi.. aintiff N an3__e Docket Att__~achment Amount -- ' $ o .oo Chiid(ren)'s Name(s): DOB [] If checked, you are required to enroll the child(ren) · ent fled above n any health insurance covera§e available itdhrough the employee's/obligor s employment. PA~CSES Case Number Plaintiff Name Docket Attachment Amount -- $ o .oo Chi[d(ren)'s Name(s): DOB [] If checked, you are required to enro the child ten) ident f ed above in any hea th insurance coverage available through the employee's/obligor's employment. Service Type [] If checked, you are required to enroll the child ren) ident f ed above n any health insurance coverage available through the emp oyee s/obligor s employment. Form EN-028 Addendum Worker ID SZATT OMB NO.: 0970~)154 PAULA J. TAYLOR, Plaintiff/Petitioner VICTOR K. TAYLOR, : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO.~) :2 .- ~,, q'.~ t/ CIVIL TERM Defendant/Respondent: IN DIVORCE NOTICE TO PLEAD You are hereby notified to file a written response to the within New Matter within twenty (20) days from service hereof or a judgment may be entered against you. PAULA J. TAYLOR, Plaintiff/Petitioner VICTOR K. TAYLOR, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. o-~ -~'q'.~-/ CIVIL TERM IN DIVORCE ANSWER TO PETITION AND NEW MATTER COUNT I - ALIMONY 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. Denied. It is denied that Petitioner lack's sufficient property to provide her reasonable means and it is denied that she is unable to support herself through appropriate employment. Denied. It is denied that Petitioner requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. WHEREFORE, Respondent prays your Honorable Court to deny Petitioners request for an award of alimony. COUNT II - ALIMONY PENDENTE LITE, COUNSEL FEES, COSTS AND EXPENSES Respondent's answers to paragraphs 1 through 6 of Petitioner's Petition are incorporated herein as if set forth in their full text. Admitted in part, denied in part. It is admitted tha~~. Petitioner has employed counsel. It is denied that Petitioner is unable to pay the necessary and reasonable attorney's fees for said counsel. Denied. It is denied that Petitioner is unable to sustain herself during the course of this litigation. 10. Admitted in part and denied in part. It is admitted that Petitioner requests the Court to enter an award of alimony pendente lite and to enter an award of alimony in her favor. It is denied that Petitioner is entitled to receive either alimony pendente lite or alimony. 11. (12.) Admitted in part and denied in part. It is admitted that Petitioner requests that this petition be heard by the Cumberland County Dome:~tic Relations Office. It is denied that Petitioner is entitled to have this petition heard by the Cumberland County Domestic Relations Office. WHEREFORE, Respondent requests your Honorable Court to deny Petitioner's, referred to as Defendant in her petition, request for entry of an award of alimony pendente lite, interim counsel fees, costs and expenses until a final hearing and deny Petitioner's request for additional counsel fees, costs and expenses to be awarded at the final hearing. COUNT III - EQUITABLE DISTRIBUTION 12. (13.) Respondent's Answers to Paragraphs 1 through 11 (12) of Petitioner's Petition are incorporated herein as if set forth in their full text. 13. (14.) Admitted. 14. (15.) Admitted. 15. (16.) Admitted. 16. (17.) Admitted. WHEREFORE, Respondent requests your Honorable Court to equitably divide all marital property and to enjoin the parties from the removal, disposition, alienation, or encumbering of all real and personal property of the parties. NEW MATTER COUNT IV - ADULTERY, 17. Paragraphs 1 through 16 are incorporated herein by reference as if set forth in their full text. 18. Plaintiff has committed adultery by having sexual relations with a man individual contrary to her wedding vows and the Defendant is the innocent and injured spouse. WHEREFORE, Defendant requests your Honorable Cc,urt to enter a divorce pursuant to 23 P.S. Section 3301 (a) (2). 19. COUNT V - COUNSEL FEES, COSTS AND EXPENSES Paragraphs 1 through 18 are incorporated herein by reference as if set forth in their full text. 20. Defendant is unable to provide for, or afford his counsel fees, expenses and costs during the pendency of this divorce action, and through its resolution. 20. Defendant is without sufficient property and otherwise unable to financially support himself through appropriate employment. 21. Plaintiff is presently employed and receiving a substantial income and benefits and is able to pay for counsel fees, costs and expenses for the Defendant. WHEREFORE, Defendant requests your Honorable Court to enter an Order requiring Plaintiff to pay for Defendant's counsel fees, expenses, and costs as well as providing for payment of an appropriate alimony and alimony pendente lite to Plaintiff. Respectfully submitted, Maryl'em ~atas, Esqu~ire Attorney foP Defer, fdant/Resl~ondent GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsifications to authorities. DATE: v~ ~ ~~ VICTOR K. TAYLOR, D~qendant/Respondent PAULA J. TAYLOR, Plaintiff VICTOR K. TAYLOR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-5951 CIVIL TERM : IN DIVORCE CERTIFICATE OF SERVICE I, Marylou Matas, Esquire, hereby certify that I did, the 2,~'faday of September, 2003, cause a copy of Defendant/Respondent's Answer to Plaintiff/Petitioner's Petition for Related Claims and New Matter to be served upon Plaintiff/Petitioner's attorney of record first class mail, postage prepaid at the following address: Richard L. Webber, Jr., Esquire Weigle & Associates, PC 126 East King Street Shippensburg, PA 17257 DATE: Mary atas, Esquire [ary'k~at; Attorney.for Defendant/Respondent GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717)243-5551 (800)347-5552 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PAULA J. TAYLOR, Plaintiff VICTOR K. TAYLOR, Defendant CIVIL ACTION - LAW NO. 02-5951 CIVIL IN DIVORCE ACCEPTANCE OF SERVICE I accept service of thc Notice to Defend and Petition for Related Claims Under Divorce Code, in the above referenced matter on behalf of Victor K. Taylor and certify that I am authorized to do so. Mar~/t~f[atas, Esq~uire Attome3~for Defendant PAULA J. TAYLOR, Plaintiff VICTOR K. TAYLOR, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 02-5951 CIVIL TERM : IN DIVORCE DEFENDANT'S MOTION TO COMPEL ANSWERS, TO INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS AND NOW, comes Petitioner, Victor K. Taylor, by and tl~trough her counsel, Marylou Matas, Esquire, and the law finn of Griffie & Associates and petitions the Court as follows: 1. Your Petitioner is the above-named Defendant, Victor 1~. Taylor, an adult individual whose current mailing address is P.O. Box 13 Shippensburg, Pennsylvania. 2. Your Respondent is the above-named Plaintiff, Paula J. Taylor, an adult individual currently residing at 76 Carpenter Lane, Newburg, Cumberland County, Pennsylvania, and who is represented in these proceedings by Richard J. Webber, Jr., Esquire. 3. Petitioner served Defendant's Interrogatories and Defendant's Interrogatories and Request for Production of Documents, Second Set, upon Respondent, through counsel, by correspondence dated June 8, 2004. More than thirty (30) days has passed since service of the aforesaid discovery. Respondent has not moved this Honorable Court to enter a Protective Order pursuant to Pennsylvania Rules of Civil Procedure 4012, nor has slhe made objections thereunder. Respondent has not moved this Honorable Court for an extension of time of the discovery requests. Respondent has failed and refused to provide the information requested in the formal discovery that has been served upon her in the time period required by the Pennsylvania Rules of Civil Procedure. Respondent's conduct in failing to answer the discovery requests is an ongoing effort on her part to purposely create additional cost and expense for Petitioner and to thwart his efforts to advance the within divorce proceedings. The only means available to Petitioner to secure the necessary information that will allow him to advance the divorce case is through the instant formal discovery. WHEREFORE, Petitioner requests your Honorable Court to enter an Order compelling Respondent to fully and completely respond to the Interrogatories and Request for Production of Documents within twenty (20) days or suffer an Order being against Respondent for sanctions and such other relief as the Court deems just and proper. Respectfully submitS:ed, Mar~/~atas, EsOt"ire AttorneySCdr Defendant/Petitioner GRIFFIE & ASSOCIATES 200 North Hanover :Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsifications to authorities. VICTOR K. TAYLOR, Defendant/Petitioner PAULA J. TAYLOR, Plaintiff VICTOR K. TAYLOR, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 02-5951 CIVIL TERM : IN DIVORCE CERTIFICATE OF SERVICE I, Marylou Matas, Esquire, hereby certify that I did, the ~7~ day of _J, ~ ,2004, cause a copy of Defendant's Motion to Compel Answers to Interrogatories and Request for Production of Documents to be served upon Plaintiff's attorney by first class mail, postage prepaid at the following addresses: Richard L. Webber, Jr., Esquire Weigle & Associates, PC 126 East King Street Shippensburg, PA 17257 DATE:_ '~,/'~7/0 4 MaYylo~Aatas, Es~tuire Attorngy~br Defendant/Petitioner GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717)243-5551 (800)347-5552 PAULA J. TAYLOR, Plaintiff VICTOR K. TAYLOR, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 02-5951 CIVIL TERM : IN DIVORCE ORDER OF COURT AND NOW, this ~'"~ day of . ~F,~~'' ., 2004, upon presentation and consideration of the within Motion to Compel Answers to Defendant's Interrogatories and Request for Production of Documents directed to Plaintiff, IT IS HEREBY ORDERED AND DECREED that Plaintiff/Respondent shall file responses to the Interrogatories and Request for Production of Documents within 50 days after service of the within Order by first-class mail, postage prepaid upon counsel of record for Plaintiff/Respondent, or suffer further Order of Court and sanctions against Plaintiff/Respondent. Cc~ By the Court, Marylou Matas, Esquire A ttorneyfor Defendant/Petitioner Richard L. Webber, Jr., Esquire Attorney for Plaintiff/Respondent ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsvlvanla Co./City/Dist. of CUMBERLAND Date of OrdeffNotice 07/30/04 Tribunal/Case Number (See Addendum for case summary) (~) Original Order/Notice C) Amended Order/Notice C) Terminate Order/Notice £mployer/VVithbolder's Federal EIN Number THE BEISTLE COMPANY PO BOX 10 SHIPPENSBURG PA 17257-0010 RE: TAYLOR, VICTOR K. Employee/Obli§or's Name (Last, First, MI) 160-48-8881 Employee/Obligor's Social Security Number 8318101184 Employee/Obli§or's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associat~l with cases on attachment. ORD£R 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. $ 545. oo per month in current support $ 22.00 per month in past-due support Arrears 12 weeks or greater? C)yes (~) no $ o. 00 per month in medical support $ 0. oo per month for genetic test costs $ per month in other (specify) for a total of $ 567.00 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: $ 130.8 ~ per weekly pay period. $ 261.69 per biweekly pay period (every two weeks). $ 283.50 per semimonthly pay period (twice a month). $ 567. or) per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed ,55% of the employee's/obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #10 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 ID (shown above as the Employee/Obllgor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: Date of Order: AU~ ' 2 200~ Form EN-028 Service Type M OM. No.;09704)154 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS [] If checked you are required to provide acopy of this form to your emnloyee. If your employee works in a state tha s different from the state that issuedthis order, a copy must be provided to your empioyee even if the box is not che~tked. 1. We appreciate the voluntary compliance of Federally recognized Indian tribes, tribally-owned businesses, and Indian-owned businesses located on a reservation that choose to withhold in accordance with this notice. 2. 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. 3. 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 em ployee/obligor. ~"~Y ........................~s ,* ,h~ d ........ h,,.', .................. hh~:d f,,,, h ..... ~,',,W~'~ ~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. S.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #10 below) 6. 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: 2303960500 EMPLOYEE'S/OBLIGOR'S NAME: ~2AyT.O1% ~'TC'20~, ~:. EMPLOYEE'S CASE IDENTIFIER: 8318~.011.84 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 7. 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. 8. 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. 9. 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. 10.* 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. 11. Additional Info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. Submitted By: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 32O CARLISLE PA 1 7013 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 www.childsupport.state.pa, us Page 2 of 2 Form EN-028 Service Type OMB NO'~ 0970q}154 Worker ID ADDENDUM Summary of Cases on Attachment Defendant/Obligor: TAYLOR, VICTOR K. PACSES Case Number 712105730 Plaintiff Name PAULA J. TAYLOR Docket Attachment Amount 02-5951 CIVIL $ 219.00 Child(ren)'s Name(s): DOB PACSES Case Number 905105638 Plaintiff Name PAULA J. TAYLOR Docket Attachment Amount 00617 S 2003 $ 348.00 Child(ren)'s Name(s): VICTOR KYLE TAYLOR DOB [] If checked, you are required to enro I the child ren) identified above in any health nsurance coverage available through the employee's/obligor's employment. J-hr checked, you are required to enroll the child(ten) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB r-llf checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. I'-Jlf checked you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obJigor's employment. PACSES Case Number Plaintiff Name Docket .Attachment Amount $ o.oo Child(ren)'s Name(s): PACSES Case Number Plaintiff Name DOB Docket .Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB [] If checked, you are required to enroll the child(ten) identified above in any health insurance coverage available through the employee's/obligor's employment. []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. Addendum Form EN-028 Service Type M OMB NO: 097~0154 Worker ID $ IATT ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dist of CUMBERLAND Date of Order/Notice 07/30/04 Tribunal/Case Number (See Addendum for case summary) C) Original Order/Notice C) Amended Order/Notice (~ Terminate Order/Notice Employer/%Vithholder's Federal l.IN Number AMERIGAS 922 YORK RD DILLSBURG PA 17019-9401 RE: TAYLOR, VICTOR K. S F~/O~-~ ~ Employee/Obligor's Social Securi~ Number Employee/Obligor,s Name (Last, First, MI) _/60-48-8881 8318101184 IEmployee/Obligor,s Case Identifier (See Adder~um for plaintiff names a~sociated with cases on attachment) Custodia~ Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associat~,d 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. oo per month in current support $ o. oo per month in past-due support Arrears 12 weeks or greater? C)yes (~) no $ o. 09 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: $ o, 00 per weekly pay period. $ o, oQ per biweekly pay period (every two weeks). $ o. 00.0 per semimonthly pay period (twice a month). $ o. 00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #10 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 ID (shown above as the Employee/Ohli~or,s Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: OMB No,: 0970-9154 Date of Orde~Y~ Service Type Form EN-028 Worker iD $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS [] Ifchecked you are required to provide a copy of this form to yourem~loyee, if your employee works in a state that is different from the state that issued this order, a copy must be provided to your employee even if the box is not checked. 1. We appreciate the voluntary compliance of Federally recognized Indian tribes, tribally-owned businesses, and Indian-owned businesses located on a reservation that choose to withhold in accordance with this notice. 2. 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 th is order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 3. 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. ........ '~ ........................................ p,ur ....... ~. 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. 5.* EmployeeJObligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #I0 below) 6. 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: 8260100183 EMPLOYEE'S/OBLIGOR'S NAME: TAYLOR, VICTOR K. EMPLOYEE'S CASE IDENTIFIER: 8318101184 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 7. 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 o~' authority below. 8. 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. 9. 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. 10.* 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. 1 t. Additional Info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. Submitted By: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at I[Z~ZL2~=~__ or by internet www.childsupportstate.pa.us Page 2 of 2 Form EN-028 Service Type M OMB NO.: 097~0154 Worker ID $ IATT PAULA J. TAYLOR, Plaintiff VICTOR K. TAYLOR, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 02-5951 CIVIL TERM : IN DIVORCE CERTIFICATE OF SERVICE I, Marylou Matas, Esquire, hereby certify that I did, the _!~Rt-- day of August, 2004, cause a copy of Defendant/Petitioner's Motion to Compel Answer to Interrogatories and related Order of Court dated August 2, 2004, to be served upon Plaintiff's attorney of record by first class mail, postage prepaid at the following address: Richard L. Webber, Jr., Esquire Weigle & Associates, PC 126 East King Street Shippensburg, PA 17257 DATE: Marylo-~IV~tas, Esquire Attorney for Defendant/Petitioner GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717)243-5551 (800)347-5552 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania PAULA J. TAYLOR, Plaintiff vs. VICTOR K. TAYLOR, Defendant Docket Number 2002-5951 PACSE$ Case NUn~r 712105730 Other State ID Number PE'ITYION FOR MODIFICATION OF AN EXISTING SUPPORT ORDi.ER The petition of Victor K. Taylor represents that on August 27, 2003 , ail Order of Court was entered for the support of Paula J. Taylor A true and correct copy of the order is attached to this petition. Service Type Form OM-501 Worker IX} TAYLOR v. TAYLOR PACSES Case Number: 712105730 2. Petitioner is entitled to C) increase ~ decrease O termination O reinstatement C) other of this Order because of the following material and substantial change(s) in circumstance: Change tn Employment WB~REFORE, Petitioner requests that the Court modify the existing order for support. Petitioner tierney for Petitioner Marylou Matas, Esquire GRIFFIE & ASSOCIATES I verify that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date Petitioner Victor K. Lylor Service Type Page 2 of 2 Form OM-501 Worker ID PAULA J. TAYLOR, Plaintiff/Petitioner VS. VICTOR K. TAYLOR, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 2002-5951 CIVIL TERM IN DIVORCE Pacses# 712105730 ORDER OFCOURT AND NOW, this 27th day of August, 2003, based upon the Court's determination that Petitioner's monthly net income/earning capacity is $1,334.03 and Respondent's monthly net income/earning capacity is $2,690.64, it is hereby Ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit, $219.00 per month payable monthly as follows; $219.00 for alimony pendente lite and $0.00 on arrears. First payment due in accordance with Defendant's pay schedule. Arrears set at $219.00 as of August 27, 2003. The effective date of the order is August 22, 2003. 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 heating, 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: Paula J. Taylor. Payments must be made by check or money order. All checks and money orders must be made payable to PA SCDU and mailed to: PA SCDU P.O. Box 69110 Harrisburg, PA 17106-9110 Payments must include the defendant's PACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. Respondent 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 8-28-03 to: < Petitioncr Respondem Richm'dWebber, Jr., Esquire MarylouMatas, Esquire BY THE COURT, evin A. Hess PAULAJ. TAYLOR, plakntiff/Petkioner VS. vICTOR ~L TAYLOR, Defendant/Respondent IN THE cOURT OF cOMMON PLEAS OF cUMBERLAND coUNTY, PENNSYLVANIA CIVIL ACTION -' SUPPORT NO. 2002-5951CIiVIL Pacses# 712105730 _OORD_ER OF COURT AND NOW, this 14~h dayof September, 2004,, IT IS HEREBY ORDERED that the AlimonyPendente Lite Order in this case be terminated without prejudice effective September 14, 2004, due to an agreement of the parties on this date and the parties further agree to remit the balance of $229.99. BYTHE COURT, DRO: RJ Shadday xc: petitioner respondem Mxrytou Matas, Esquire Richard Weber, Esquire SEPARATION AND PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT made this ittt~ day of ~'6~, ks-, be/- ,2004, by and between PAULA J. TAYLOR, of 76 Carpenter Lane, Newburg, Cumberland County, Pennsylvania, party of the first part, hereinafter referred to as "}Fife," AND VICTOR K. TAYLOR, of 619 Glenn Street, Shippensburg, Cumberland County, Pennsylvania, party of the second part, hereinafter referred to as "Husband," WlTNESSETH: WHEREAS, Husband and Wife were married on August 13, 1988, in Cumberland County, Pennsylvania; and WHEREAS, Husband and Wife are residents of the Commonwealth of Pennsylvania and have been so for at least the past six months; WHEREAS, certain differences have arisen between the parties hereto which have made them desirous of living separate and apart from one another; and WHEREAS, Husband and Wife desire to settle and determine certain of their marital rights and obligations, and make an equitable distribution of their marital property, determine their rights to alimony and support and any other matters which may be considered under the Divorce Code; and WHEREAS, it is the intention and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other and to settle all financial and property rights between them; and --Page 1 of 16-- WHEREAS, the parties hereto have mutually entered into an agreement for the division of their jointly owned assets, the provisions for the liabilities they owe, and provisions for the resolution of their mutual differences, after both have had full .and ample opportunity to consult with attorneys of their respective choice, the parties now wish to have that agreement reduced to writing. NOW, THEREFORE, the parties hereto in consideration of the mutually made and to be kept promises set forth hereinafter and for other good and valuable consideration, and intending to be legally bound and to legally bind their heirs, suc. cessors, assigns, and personal representatives, do hereby covenant, promise and agree as follows: ARTICLE I SEPAP,.4 TION 1.1 It shall be lawful for Husband and Wife at all times hereafter to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit free from any control, restraint, or interference, direct or indirect, by each other. Neither party shall molest the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The fbregoing provisions shall not be taken to be an admission on the part of either Husband or Wife. of the lawfulness of the causes leading to them living separate and apart. --Page 2 of 16-- AR TIC£E H DIVORCE 2.1 This Agreement is not predicated on divorce. It is specifically understood and agreed by and between the parties hereto that each of the said parties doe~,; hereby warrant and represent to the other that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non- defense of any action for divorce; provided, however, that notl~ting contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; not to prevent either party from defending any such action which has been, may, or shall be instituted by the other party, or from making any just or proper defense thereto. It is warranted, covenanted, and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant, and representation is made for the specific purpose of inducing Husband and Wife to execute the Agreement. Husband and Wife each knowingly and understandingly hereby waive any and all possible claims that this Agreement is, for any reason, illegal, or for any reason whatsoever of public policy, unenforceable in whole or in part. Husband and Wife do each hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. 2.2 It is further specifically understood and agreed that the provision of this Agreement relating to the equitable distribution of property of the parties are accepted by each party as a --Page 3 of 16-- final settlement for all purposes whatsoever. Should either of the parties obtain a decree, judgment or order of separation or divorce in any other state, country, or jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement and all its covenants shall not be affected in any way by any such separation and divorce. Z3 This Agreement shall survive any decree in divorce and shall be forever binding and conclusive on the parties. It is understood by and between the parties that this Agreement shall be incorporated into any decree, divorce or separation, but it shall not be deemed merged in such decree. ARTICLE III EQUITABLE DISTRIBUTION OF MARITAL PROPERTY 3.1 The parties have attempted to divide their marital property in a manner which conforms to the criteria set forth in thc Pennsylvania Divorce Code, and taking into account the following considerations: the length of the marriage; thc prior marriages of the parties; the age, health, station, amount and sources of income, vocational skills, cmp]loyability; estate, liabilities, and needs for each of the parties; thc contribution of one party to the education, training or increased earning power to the other party; thc opportunity of each party for future acquisition of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each part in the acquisition, preservation, depreciation, or appreciation of marital property, including the contribution of a party as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during their marriage; thc economic circumstances of --Page 4 of 16-- each party, including federal, state and local tax ramifications, at the time of the division of the property is to become effective; and whether the parties will be serving as the custodian of any dependent minor children. 3.2 The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all rights of equitable distribution of the parties. 3.3 Personal Property. The parties acknowledge that they have divided their personal property, tangible and intangible, to their mutual satisfaction. The parties further acknowledge that they have the cash, accounts, or other tangible and intangilble property in their possession that they wish to have and neither will make any claim whatsoever against the other patty for any other items of personal property or assets that are in the other party's possession. 3.4 Li[e Insurance. Each party agrees that the other party shall have sole ownership and possession of any life insurance policies owned by the other. Each party agrees to sign any documents necessary to waive, relinquish, or transfer any fights on such policies to the respective party who presently owns such policies. 3.5 Subsequently Acquired Property. Husband and Wife agree to waive and relinquish any and all right that he or she may now have or hereafter acquire i[n any real or tangible personal --Page 5 of 16-- property subsequently acquired by the other party. Husband and Wife specifically agree to waive and relinquish any fight in such property that may arise as a result of the marriage relationship. 3.6 Pension, Retirement, ProtTt-Sharin£. Wife agrees to waive, relinquish or transfer any and all of her fight, title and interest she has or may have in Husband's pension through his present or prior employment. This specifically includes a waiver of Wife's interest in Husband's AmefiGas retirement savings plan and his NI Source retirement savings plan. Wife hereby waives, relinquishes and transfers any and all fight, title and interest she has in any present retirement account, as well as other accounts that Husband may have in his individual name or may have secured through his present or prior employment. Husband agrees to waive, relinquish or transfer any and all of his fight, title and interest he has or may have in Wife's pension through her present or prior employment. Husband hereby waives, relinquishes and transfers any and all fight, title and interest he has in any present retirement account, as well as other accounts that Wife may have in her individual name or may have secured through her present or prior employment. 3.7 Vehicles. The parties acknowledge that Husband has and shall retain sole and exclusive ownership and possession of a certain 1987 Toyota pick-up truck, a 1993 Dodge pick- up truck and a 1994 Harley Davidson motorcycle, which are titled in Husband's name individually. Wife shall make no claim whatsoever relative to access to or use of the aforesaid --Page 6 of 16-- vehicles and shall make no ownership claims of any nature whatsoever to the aforesaid vehicles from the date of execution of this Agreement forward. The parties acknowledge that Wife has and shall retain sole and exclusive ownership and possession of a certain 1990 Honda Civic and a 1996 Suzuki motorcycle which are titled in Wife's name individually. Husband shall make no claim whatsoever relative to access to or use of the aforesaid vehicle and shall make no ownership claims of any nature whatsoever to the aforesaid vehicle from the date of execution of this Agreement forward. 3.8 Intangible Personal Property. The parties agree that Husband has and shall retain sole and exclusive ownership and possession of the funds held in Husband's Patriot Federal Credit Union checking and savings accounts. In addition, Husband has and shall retain sole exclusive ownership and possession of the funds held in the Delaware Investment savings account owned in Husband's name individually. The pasties agree that Wife has and shall retain sole and exclusive ownership and possession of the funds held in Wife's Patriot Federal Credit Union checking and savings accounts. The parties have already transferred or waived rights and interest in other intangible personal property, including their various bank accounts, credit union accounts, and the like. Each party agrees to sign any documents necessary to close any joint accounts within fifteen (15) days of signing this Agreement. Neither party shall make any claim of any nature whatsoever against the other party relative to the financial accounts or other investments or intangible personal property that have already been retained by that party as described herein. --Page 7 of 16-- 3.9 Real Estate. The parties were the joint owners of real estate located at 76 Carpenter Lane, Newburg, Cumberland County, Pennsylvania. The aforesaid real property was sold, with settlement held on or about June 17, 2004. The settlement netted proceeds of FIFTY-SIX THOUSAND FIVE HUNDRED EIGHTY-FOUR AND 14/100 ($56,584.14) DOLLARS. These proceeds have been held in escrow at Griffie & Associates. Fe,r his interest in the property, and in consideration of other agreements made herein, Husband shall receive TWENTY THOUSAND TWO HUNDRED THIRTY-SEVEN AND 00/100 ($20,237.00) DOLLARS at the time of execution of this Agreement by both parties. For her interest in the property, and in consideration of other agreements made herein, Wife shall receive THIRTY-SIX THOUSAND THREE HUNDRED FORTY-SEVEN AND 14/100 ($36,347.14) DOLLARS at the time of execution of this Agreement by both parties. ARTICLE IV DEBTS OF THE PARTIES 4.1 The parties acknowledge that Wife has outstanding debts or liabilities due and owing in her name individually to various credit card and other unsecured[ debt accounts. From the date of execution of this Agreement forward, Wife shall maintain sole and exclusive responsibility and obligation for the repayment of the aforesaid debts listed in her name individually. Wife shall indemnify Husband and hold him harmless from and against any and all demands for payment or collection activity of any nature whatsoever relative to any debts, listed in her name individually. Husband maintains that he is not responsible for payment of any debts at this time either individually or jointly with Wife. Husband and Wife have maintained that there are no joint --Page 8 of 16-- debts which may exist from the time of separation to the present. In the event it is discovered later that the parties are obligated jointly for the repayment of some credit card debt or other unsecured debt, the parties agree that Wife shall maintain responsibility for those debts. Husband made payment for property taxes due for the jointly owned real estate referenced in paragraph 3.9 above, in the amount of THREE HUNDRED FORTY-NINE AND 00/100 ($349.00) DOLLARS. Husband has received proper credit for this payment through his receipt of the funds from the proceeds of settlement, as set forth in paragraph 3.9 above. 4.2 Each party represents to the other that except as is otherwise set forth in this Agreement, and more particularly as set forth in subparagraph 4.1 above, there are no major outstanding obligations of the parties; that since the separation neither part2? has contracted or any debts for which the other will be responsible and each party indemnifies and holds harmless the other for all obligations separately incurred or assumed under this Agreement. ARTICLE V ALIMONY, APL~ SPOUSAL SUPPORT AND MAINTENANCE 5.1 Thc panics herein agree that they have each secured and maintained substantial and adequate funds with which to provide themselves with sufficient resources to provide for their own comfort, maintenance and support in the station in which they are accustomed. Husband and Wife do hereby waive, release and give up any rights they may have respectably against the other for alimony, alimony pendent lite, spousal support, and raaintcnancc except as otherwise provided for herein. --Page 9 of 16-- 5.2 Husband and Wife specifically waive, release and give up any rights for alimony, alimony pendent lite, and spousal support pursuant to Chapter 37 of the Domestic Relations Code. ARTICLE VI TAXES 6.1 The parties acknowledge that they have filed various joint income tax returns during the course of their marriage. In the event that any additional taxes, penalties, or interests are assessed as a result of any such joint return, the parties shall share all such expenses that have been fraud or intentional misrepresentation and shall inderanify and save the other party harmless from all tax liability, penalties, interest, counsel fees, accountant fees and costs. 6.2 The parties agree to alternate the minor child, namely, Victor Kyle Taylor, born February 20, 1992 (hereinafter referred to as "child"), as a dependant on their tax returns on a yearly basis with Wife claiming the child as a dependant in odd numbered years and Husband claiming the child as a dependant in even numbered years. ARTICLE VII MISCELLANEOUS PROVISIONS 7.1 Advice of Counsel. The parties acknowledge that they have either received independent legal advice from counsel of their own selection, that they fully understand the facts and have been fully informed as to their legal rights an obligation or otherwise understand those legal --Page 10 of 16-- rights and obligations. They acknowledge and accept that this Agreement is, in the cimumstances, fair and equitable, that it is being entered into fi'eely and voluntarily, after having received such advice and with such knowledge that execution of this Agreement is not the result of any duress or undue influence, and further that it is not the result of any collusion or improper or illegal agreement or agreements. 7.2 Mutual Release. Husband and Wife each do hereby m'atually remise, release, quitclaim, and forever discharge the other and the estate of such other, for all times to come and for all purposes whatsoever, of and from any and all fight, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situa~te, which he or she now has or at any time hereafter may have against such other, the estate of such other, or any part thereof, whether arising out of any former acts, contracts, engagements, or liabilities of such other as by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption, or similar allowance, or under the intestate laws, or the right to take against the spouse's Will; or the fight to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any state, commonwealth or territory of the United States, or (c) any other country, or any rights which either party may have or at any time hereafter have for past, present, or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a :result of the marital relation or otherwise, except and only except, all rights and agreements and obligations of whatsoever --Page 11 of 16-- nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give to each other by execution of this Agreement a full, complete, and general release with respect to any and all property of any kind or nature, real or personal, not mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. 7.3 Bankruptcy,. The parties agree that any and all financial obligations assumed herein shall not be subject to discharge through bankruptcy proceedings. This includes, but is not limited to, all financial obligations assumed under Paragraph 3.7 and 4.1 of this Agreement. In the event either party attempts to avoid financial obligations described herein through bankruptcy proceedings the other party shall have an independent claim against the party claiming bankruptcy for any and all sums that the other party assumes or is required to pay due to the actions of the party claiming bankruptcy. Further, all rights available to the other party provided for in Paragraph 6.14 hereinafter shall be available to the party not filing bankruptcy. 7.4 Warranties. Each party represents that they have not l~teretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable, except as may be provided for in this Agreement. Each party agrees to indemnify or hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind, including those for necessities, except for the obligations arising out of this Agreement. Husband and Wife each warrant, covenant, represent and agree that each will, now --Page 12 of 16-- and at all times hereafter, save harmless and keep the other indemnified from all debts, charges, and liabilities incurred by the other after the execution date of this Agreement, except as is otherwise specifically provided for by the terms of this Agreement and that neither of them hereafter incur any liability whatsoever for which the estate of the other may be liable. 7.5 No waiver or modification of any of the terms of this Agreement shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 7.6 Husband and Wife covenant and agree that they will fox~thwith execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper implementation of this Agreement, and as their respective counsel shall mutually agree should be so executed in order ~Io carry fully and effectively the terms of this Agreement. 7.7 This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of the execution of this Agreement. 7.8 This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. --Page 13 of 16-- 7.9 This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 7.10 Severability. If any term, condition, clause, section, or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and in all other respects, this Agreement shall be valid and continue in full force, effi:ct, and operation. Likewise, the failure of any party to meet his or her obligation under any one or more of the articles and sections herein shall in no way void or alter the remaining obligations of the parties. 7.11 It is specifically understood and agreed that this Agreement constitutes the equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife, or either of them, during the marriage as contemplated by the Divorce Code of the Commonwealth of Pennsylvania. 7.12 Disclosure. The parties each warrant and represent to ~Ihe other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which party has an interest, of the sources, and amount of the income of such party of every type whatsoever, and all other facts relating to the subject matter of this Agreement. --Page 14 of 16-- 7.13 Enforceabilit~ and Consideration. This Agreement shall survive any action for divorce and decree of divorce and shall forever be binding and conclusive on the parties; and any independent action may be brought, either at law or in eqnity, to enforce the terms of the Agreement by either Husband or Wife until it shall have been fully satisfied and performed. The consideration for this contract and agreement is the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each cf the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. In the event either party breaches the aforesaid Agreement and it is determined tlu:ough appropriate legal action that the alleged party has so breached the Agreement, the breaching party shall be responsible for any and all attorney's fees as well as costs and expenses associated with litigation incurred by the non-breaching party to enforce this Agreement against the breaching party. In the event of breach, the non-breaching party shall have the right, at his or her election, to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her including equitable enforcement of this Agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. WITNESSED BY: Date Date VICTOR K. TAYLOR PAULA TA~0R~ --Page 15 of 16-- COMMONWEALTH OF PENNSYLVANIA COUNTY OF On this day of , 2004, before me, the undersigned officer, personally appeared VICTOR K. TAYLOR, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public COMMONWEALTH OF PENNSYLVANIA COUNTY OF On this day of , 2004, before me, the undersigned officer, personally appeared PAULA TAYLOR, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public --Page 16 of 16-- PAULA J. TAYLOR, Plaintiff VICTOR K. TAYLOR, Defendant' : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTIG,N - LAW : : NO. 02-5951 CIVIL TERM : IN DIVORCE AFFIDAVIT OF CONSENT 1. A. Complaint in Divorce under §3301 (c) of the Divorce Code was filed on December 16, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree of Diivorce after service of notice of intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE 1N THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: U£A-J. TA~OiR, Plai~n ' PAULA J. TAYLOR, Plaintiff VICTOR K. TAYLOR, Defendant' : IN THE COURT OF COMMON PLEAS OF CUMBERLA~ND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 02-5951 : IN DIVORCE CIVIL TERM WAIVER OF NOTICE OF INTENTION TO REQUEST THE ENTRY OF A DIVORCE iDECREE UNDER §3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorce 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 files with the Prothonotary. I VERIFY THAT THE STATEMENTS MADE IN ']?HE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. PAULA J. TAYLOR, Plaintiff VICTOR K. TAYLOR, Defendant' : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 02-5951 CIVIL TERM : IN DIVORCE AFFIDAVIT OF CONSENT 1. A. Complaint in Divome under §3301 (c) of' the Divorce Code was filed on December 16, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree of Divorce after service of notice of intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN ]7HE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: VICTOR K. TAYLOR,/Defendant PAULA J. TAYLOR, Plaintiff VICTOR K. TAYLOR, Defendant' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 02-5951 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST THE ENTRY OF A DIVORCE DECREE UNDER §3301(e) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorce until a divorce decree is entered by the Court and that a copy of the decree will be sent to me irmnediately after it is files with the Prothonotary. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT EALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: VICTOR K. TAYL01~,, Defendant PAULA J. TAYLOR, Plaintiff VICTOR K. TAYLOR, Defendant' : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 02-5951 CIVIL TERM : IN DIVORCE PRAECIPE TO TRANSMrr RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under §3301(c) (Strike out inapplicable section). 2. Date and manner of service of the Complaint: Acceptance of Service by attorney for Defendant on or about September 26, 2003. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent required by §3301 (c) of the Divorce Code: by Plaintiff: September 14, 2004 by Defendant: September 14, 2004 (b) (1) Date of execution of the affidavit required by §3301 (d) of the Divorce Code: (2) Date of filing and service of the plaintiff's affidavit upon the respondent: 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 of plaintiff's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: September 16, 2004 Date defendant's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: September 16, 2004 Mary~u ]~tas, Esquire GKIFFIE & ASSOCIATES Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF .~. PeNNA. PAULA J. TAYLOR, Plaintiff VErsUS VICTOR K. TAYLOR, NO. _O2-5951 CIVIL TERM DECREE IN DIVORCE AN D NOW, DECREED THAT Paula J. Taylor ~, IT IS ORDERED AND , PLAINTIFF, AND Victor K. Taylor , 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; The parties' Separation and Property Settlement A~reement dated September 14, 2004, is incorporated herein, but not merged. BY THE ~,04JRT: PROTHONOTARY