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HomeMy WebLinkAbout03-0402 PATRICE D. CRAIG, Plaintiff, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : 2003 - If 0 J... CIVIL TERM FOREST F. CRAIG, Defendant. : IN DIVORCE 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 warned that if you fail to do so, the case may proceed without you and a decree in 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 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. 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 1-800-990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. 7. The Plaintiff avers that she has been advised of the availability of counseling and that said party has the right to request that the court require the parties to participate in counseling. WHEREFORE, the Plaintiff respectfully requests judgment dissolving the marriage between the two parties. COUNT II ALIMONY, ALIMONY PENDENTE LITE AND COUNSEL FEES 8. The allegations of Paragraph one (1) through seven (7) of the Divorce Complaint are incorporated herein as if fully set forth above. 9. Plaintiff is unable to provide for, or afford her counsel fees, expenses and costs during the pendency of this divorce action, and through its resolution. 10. Plaintiff is without sufficient property and otherwise unable to financially support herself through appropriate employment. 11. Defendant is presently employed and receiving a substantial income and benefits an is able to pay for counsel fees, expenses and costs, as well as alimony, and alimony pendente lite for the Plaintiff. WHEREFORE, Plaintiff respectfully requests the Court to enter an order requiring Defendant to pay for Plaintiffs counsel fees, expenses and costs as well as providing for payment of an appropriate alimony and alimony pendente lite to Plaintiff. COUNT III - EQUITABLE DISTRIBUTION 1. The allegations of Paragraph 1 through 11 of the Divorce Complaint are incorporated herein as if fully set forth above. 2. The parties have been unable to determine and equitably dispose of their respective rights and interests in the marital property. 3. Plaintiff will, within 60 days after service of this Complaint upon Defendant, cause to be filed an inventory and appraisement of all property owned or possessed at the time this Complaint is filed. WHEREFORE, Defendant requests the Court to equitably divide, distribute and assign the marital property pursuant to the provisions of Section 3502 of the Divorce Code. Respectfully submitted, IRWIN, McKNIGHT & HUGHES By: Rebecca R. Hughes, Esquire Attorney for Plaintiff 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Supreme Court 1. D. No. 67212 Date: January ~, 2003 VERIFICATION The foregoing document is based upon information which has been gathered by my counsel and me in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. ~~~-/?~ ; PATRICED.CRAIG / Date: 'I C) 7 , 2003 ~ ~ ~(\ Jt - ~ ~\ W L..I ~ ...t) -{: c:::-- \ "J) "-J (f.., """ c:: 1(,)-1 t G:> t o C -:::.-'" ;-2;: ?l' .c (.r; ......,..>' r-" c- -~ ~":j:--" ?;~ -< c.' ,.....~; (', ~t... '. ....t"~ M~,.) C') @ "_.i :T) en . , "i:- _;,-l -< PATRICE D. CRAIG, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 2003 - 402 Civil Term FOREST F. CRAIG, : IN DIVORCE Defendant PRAECIPE TO WITHDRAW AND ENTER APPEARANCE TO THE PROTHONOTARY: Please withdraw my appearance for Defendant, Forest F. Craig, in the above- captioned matter. By: Date: 3 - I g - D1 Please enter my appearance for the Defendant, Forest F. Craig, in the above- captioned matter. Date: .3> -18' - 0 1 . ane Adams, Esquire / LD. No. 79465 36 South Pitt St. Carlisle, Pa. 17013 (717) 245-8508 r--'> = o:;.,;:l .;=- ::.;;t ::~'" :;o.-J co r:--? r" 0', C) -.n .-, :r: II P'r.= -0 ill -,"S? ('"5<. ) --4 -, :;1; :r-~ ':.=?.C~ ~5f'n ~::...\ -7' ..d PATRICE D. CRAIG Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. Defendant : CIVIL ACTION. LAW : 2003 .~ CIVIL TERM 'lOA : IN DIVORCE FOREST F. CRAIG PRAECIPE TO WITHDRAW APPEARANCE AND ENTER AN APPEARANCE PROTHONATARY: Philip H. Spare, Esquire, on behalf of the Plaintiff, Patrice D. Craig, in this matter. Please withdraw the appearance of Marcus A. McKnight, III, Esquire, and enter the appearance of Respectfully submitted, I-' July lL, 2004 IRWIN& ~ July '3D , 2004 SNELBAKER, BRENNEMAN & SPARE p~~; , ~.. ':' ~. ....., = = .;;:.- "'" c:: C;~) I 0' o -n :-1 _L-n rnf":': -Of-II T)\..J e"l ). :::~ :-';7~ .c-n f;::';? (~'') ,~j.rn :;:'~ ~'h -< -;:3 -",," -'~" .r;- Q"\ - ~ LAW OFFICES SNELBAKER 8: BRENNEMAN PATRICE D. CRAIG, Plaintiff v. FOREST F. CRAIG, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW :lC()3 - l.J 0 5l. ~eJ-403 CIVIL TERM IN DIVORCE PRAECIPE TO WITHDRAW AND ENTER APPEARANCE TO THE PROTHONOTARY: Please withdraw the appearance of Philip H. Spare, Esquire as attorney for Plaintiff 'atrice D. Craig in this matter. ate: <:Q~ CN '-',:J..oI>~ Please enter the appearance of Keith O. Brenneman, Esquire at attorney for Plaintiff atrice D. Craig in this matter. ate: December 30, 2004 SNELBAKER & BRENNEMAN, P. C. BY: ~L--- Keith O. Brenneman, Esquire 44 W. Main Stret~t Mechanicsburg, PA 17055 (717) 697-8528 ~ . . LAW OFFfCES SNELBAKER Be BRENNEMAN II II Ii CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date, aused a true and correct copy of the foregoing Praecipe to be served upon the person and in the anner indicated below: FIRST CLASS MAIL, POSTAGE PREP AID, ADDRESSED AS FOLLOWS: ate: De;;ember,:30, 2004' Jane Adams, Esquire 36 South Pitt Street Carlisle, PA 17013 SNELBAKER & BRENNEMAN, P.c. By: \~--... Keith O. Brenneman" Esquire 44 W. Main Street P. O. Box 318 Mechanicsburg, P A 17055 (717) 697-8528 Attorneys for Plainti1IPatrice D. Craig n ~:,; ".:-,,- ~"f~: I~~.: '-I ' ~ -/ . ..?--~ . -,....-.- I 1:f,. _-I' ~ ,,~. r:: .~~ ~-- cd ~;~~ z :<: t-> g c.n (.;.. v Z I W :?- ~ J r;.? o -11 .-1 :t:-n P'E -0 lJJ *0 \.r' (20 :r: :n 00 ::;: 1f1 o ___I ~ :-<: r.:- ~ PATRlCE D. CRAIG, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 2003 - 402 Civil Term FOREST F. CRAIG, : IN DIVORCE Defendant MOTION FOR APPOINTMENT OF MASTER Defendant (Plaintiff)(Defendant) moves this Court to appoint a master with respect to the following claims: ()o Divorce ( ) Annulment 0<) Alimony ( ) Alimony Pendente Lite ()(J Distribution of Property (X) Support ()o) Counsel fees W Costs and Expenses and in support of the motion states: (I) Discovery is complete as to the c1aim(s) for which the appointment of a master is requested. (2) The ~~has not) appeared in the action (personally)(by his attorney, ~~ ~'t'O 1'<\1\<> MU.M , Esquire). (3) The statutory ground(s) for divorce (is)(are) "3 ~o I L d") (4) Delete the inapplicable paragraph(s): (:1-) Tha as1i9R ii 1H"~t c<}tJt~!JteQ. (b) An agreement has been reached with respect to the following claims: n. 6'Xll.. ~ (c) The action is contested with respect to the following claims: (5) The action (involves)((foes not inv~ complex issues oflaw or fact. (6) The hearing is expected to take \ ~(hours). Date: (7) Additional information, if any, relevant to the motion: 6.~.o::;- L an Adams, Esquire A orney for (Plaintiff)(Defendant) ORDER APPOINTING MAS ER ~ AND NOW, this following claims: , 2005, Robert Elicker, Esquire, is appointed Master with respect to the BY THE COURT: 1. n c: "','. "'" = = <.n :z ~ -< I N ~ --l I-r, n1p :gm ~:?6 r..::':f1 ./"~)-- -",.l.J 1::-;f"M ~-:! "';.~ ::g ., "'..... -. -"'~ '2 .r:- 0' -- PATRICE D. CRAIG, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2003 - 401 CIVIL FORREST F. CRAIG, Defendant : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF SERVICE AND NOW, this September 22,2005, I, Jane Adams, Esquire, hereby certify that on or about July 13, 2005, via regular mail, and again on September 20, 2005, via certified mail, return receipt requested, a certified true copy of DEFENDANT'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS were served, addressed to: Keith Brenneman, Esquire Snelbaker & Brenneman 44 W. Main St. Mechanicsburg,Pa.I7055 DEFENDANT . Complete ~ems 1, 2, and 3. Also complete ~em 4 If Restricted Delivery is desired. . Print your name and address 6n the reverse _ so that we can return the card to you. . Attach this..,-d to the back of the mallplece, or on the f!$1t ~ space perm~. 1. Article Addressed to: ~..\k~ ~h~+ ,~ 4,+ w.~ .* ~~~..~f..- ~~ ~ l'l 3. Se!vlce Type A:r CertIfied Mall 0 Express Mall p D~eglstered 0 Return ReceIpt for Merchandise o Insured Moll 0 C.O.D. 4. Restricted DoIw.y'I (Extra Fee) D Ves 2. ArticIo Number ~""'" service label) PS Form 3811, February 2004 7003 1010 0004 7818 6961 Domestic Retum.ReceIpt 102595-02-M-1540 J Adams, Esquire .D No. 79465 outh Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF o G -qt-: 1"~"1 f -. :Zc ::.)~ -<..' r::::> . r-' = "'" en q N N ~<" \'-' ,">'1 ) 5(~~: 2':: -.; -<. -0 ::::;:: ~ ~~ :B\:? 06 :1.:~ ;:;~(') -:,-~(t1 g ?& 'i! v:> 0' PATRICE D. CRAIG, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2003 - ~ CIVIL truL : CIVIL ACTION - LAW : IN DIVORCE FORREST F. CRAIG, Defendant MOTION TO COMPEL DISCOVERY AND NOW COMES, the Defendant, Forrest F. Craig, by and through his Attorney, Jane Adams, Esquire, and moves this Honorable Court as follows: 1. Plaintiff, Patrice D. Craig, (hereinafter referred to as "Wife"), and Defendant, Forrest F. Craig, (hereinafter referred to as "Husband") were married on October 13, 1978. 2. The above-captioned action was initiated by Wife filing a Complaint in Divorce on January 27, 2003, which contained a claim for Equitable Distribution, Alimony, and Alimony Pendente Lite. 3. On May 2, 2005, a Motion to Appoint the Master in the above-captioned case was filed. 4. On May 19,2005, Wife's attorney signed a discovery certification indicating that it was anticipated that discovery would be complete within sixty (60) days. 5. Since that time Husband has received and responded to Wife's Interrogatories and Request for Production of Documents; Husband is not currently aware of any further discovery requested by Wife. 6. On July 13, 2005, after initially making an informal request for information, Husband forwarded his First Request for Production of Documents upon Wife. In this request, Husband asked for the following items: a. Wife's Federal Income Tax return for 2004 and all attachments. b. All bank statements in Wife's possession from January 2003 to present. c. Any and all investment account or account statements in Wife's possession from any firms other than Merrill Lynch, from January 2003 to the present. d. Any of Wife's IRA or Pension account statements from January 2003 to the present. 7. On September 20, 2005, Husband again requested the above information via a second copy of the Request for Production of Documents from Wife, which was sent via certified mail, return receipt requested. (Please see Exhibit A). 8. Wife's counsel never requested an extension of time to complete and return the Request for Production of Documents. 9. A pre-hearing conference is currently set before the Divorce Master for November 8,2005 regarding discovery. Husband is requesting that Wife's information be provided before this conference. Husband also wants Wife to list any experts that she plans on presenting at the hearing as well as information she will need from Husband to provide to such experts. 10. Husband previously provided Wife with extensive documentation of discovery regarding the parties' assets which included stock account statements for 28 months. Wife had already received 20 ofthese copies in duplicate from Merrill Lynch beginning August 2003. The time, effort, and expense expended by Husband in providing this documentation was extensive. The value of these assets fluctuates. If this matter is delayed further, Husband will be harmed because he will bear the burden of reproducing a second set of documents if the first set becomes stale. I I. Husband knows of no reasonable basis for Wife's delay in providing the requested information other than to delay the Divorce. 12. After his numerous requests, Husband still has not been provided the requested information and knows of no other alternative than to request that the Court Order Discovery of this information. WHEREFORE, Husband respectfully moves this Honorable Court for the entry of an Order Compeling Discovery in the above-captioned matter as well as any other relief, such as Attorney's Fees, that this Honorable Court may deem necessary. Date: lot /1 (05- B ane Adams, Esquire 4 South Hanover St. Carlisle, Pa. 17013 (717) 245-8508 I.D. No. 79465 Attorney for Defendant PATRICE D. CRAIG, Plaintiff V. (") c ., : IN THE COURT OF COMMON PLEAS OF ;;; : CUMBERLAND COUNTY, PENNSYL V ANti\- : N N :P: w W 0"'. : NO. 2003 - 403 CIVIL ~:: (. FORREST F. CRAIG, Defendant : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF SERVICE AND NOW, this September 22, 2005, I, Jane Adams, Esquire, hereby certify that on or about July 13, 2005, via regular mail, and again on September 20, 2005, via certified mail, return receipt requested, a certified true copy of DEFENDANT'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS were served, addressed to: Keith Brenneman, Esquire Snelbaker & Brenneman 44 W. Main St. Mechanicsburg, Pa. 17055 DEFENDANT SENDER: COMPLETE THIS SECTION . . . ..... = c."O> c.n V? r2J co o "Tl :r! n1;Z: -om ":o,? C?o '.rJ,; i'"'):!J -'7(") arTl -I :i5 -< . Complete Items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address 6n the reverse ~. so that we can return the card to you. . Attach this :card to the back of the mailplece, or on the front If space permits. 1. ArtIcle Addressed to: x B. \ D. 8 delivery address different m 1? If YES. enter delivery address low: ~..\k~ ~h~+ ,~ 4~ W.~ .* ~~la-I.u....e. ..~f\- -- ~ l'l 7003 1010 0004 7818 6961 o Agent o Addressee C. Date of Delivery ',,;-0 3. Service Type ~ Certified Mall 0 Express Man p d~.eglstered 0 Return Receipt for MerchandIse o Insured Mall 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 2. Article Number (rransfer from service rabel) PS Form 3811, February 2004 Domestic Return'F=lecelpt Adams, Esquire '.D No. 79465 outh Pitt Street Carlisle, Pa. 170 I 3 (717) 245-8508 ATTORNEY FOR PLAINTIFF c::.)( Itlf$ II (^, DVes 102595-02-M-154Q VERIFICA TON I verify that the facts contained herein 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: fA) { )D [OS- ~ Forrest F. Craig, Defen ,..., 0(":.':> L..::> en Cl (--') () -1'1 .--\ ~.~?~ -DC=: . :. j <~,,_. N 1 ::r: ;::4 .r=- 55 N .-<: .J<=', ~.V' PATRICE D. CRAIG, Plaintiff V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2003 - 4t11 CIVIL L{{:'" : CIVIL ACTION - LAW : IN DIVORCE fy FORREST F. CRAIG, Defendant RECEIVED OCT 13 20~ MOTION TO COMPEL DISCOVERY AND NOW, this t q ~ Day of 0 L1 ,2005, upon consideration ofPlaintitI's Motion to Compel Discovery and Petition for Special Relief filed herein: A RULE IS HEREBY ISSUED on Plaintiff, Patrice D. Craig, to show cause, if any she has, why the relief requested therein should not be granted. RULE RETURNABLE 2 0 days from service. BY THE COURT: ti/- ~,rP \\),\ Zr:/ 1),1 111 1'10Cn1!Z .... . ~, '...I "~...., ::;Ul,; AtfvI0!\;:..);{U,:;:;Jd 3H1 .:10 3~ji:J,~iC)"{J:~jl!J PATRICE D. CRAIG, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2003 - 40~CIVIL FORREST F. CRAIG, Defendant : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF SERVICE AND NOW, this October 18, 2005, I, Jane Adams, Esquire, hereby certify that on October 14, 2005, via certified mail, return receipt requested, a copy of Defendant's Motion to Compel Discovery was served upon: Keith Brenneman, Esquire Snelbaker & Brenneman 44 W. Main St. Mechanicsburg,Pa.I7055 DEFENDANT . Complete items 1, 2, and 3. Also complete ~em 4 ~ Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: '<..<i!.~4r.. :Bre.n"~...." E S .. &, l-\.....\kl........c.r t: Br..,,~ . n<!lr"^'t ~~10.~\'I\, ~ M.. >=4-4"", c.s "'......:!. ?\\ I "lOS, D. Is delivery address different from lt9"'lli-B~ n VES, en'er delivery address"""~._~. ~ ~~> ,,, "/ \i5' \",), \r5l .... \(jl, ~.. ( ~ I",i ,,\ . ; V)' ,'--- } .."..."1 3. Service Type .litCertlfled Mall o Registered o Insured Mall D Express Mlll! o Return Receipt for Merchandise DC.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. ArtIcle Number (Tl1IIlSferfrom_/ebeQ l PS Form 3811. February 2004 7003 1010 0004 781!t .l:r893 Domestic Return Receipt 102595-()2-M-1540 Respectfully Submitted: e Adams, Esquire I.D. No. 79465 64 South Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF r-:) c) 0-? 4'1 6J, o c-) _\ ~~ '" - (,p _. PATRICE D. CRAIG, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2003 - 402 CIVIL FORREST F. CRAIG, Defendant : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF SERVICE AND NOW, this October 20,2005, I, Jane Adams, Esquire, hereby certify that on October 19, 2005, via certified mail, return receipt requested, a copy of the Rule to Show Cause regarding Defendant's Motion to Compel Discovery was served upon: Keith Brenneman, Esquire SneIbaker & Brenneman 44 W. Main St. Mechanicsburg, Pa. 17055 DEFENDANT . Complete items 1, 2, and 3. Also complete ~em 4 if Restricted Delivery Is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mellplece, or on the front if space permits. 1. Article Addressed to: \~~ ~~ ~b.,.~~.,.A 4l.\. W ,,~ ~ ~~l~tt \ \'10 2. Art1c1e Number (1hu1sfer from service label) PS Form 3811, February 2D04 . ServiceType "~PS--''''''I') 'Iii Certified Mall D Express Mall . <_...~. b ~Registered 0 Return Receipt for Merchandise D Insured Mall 0 C.O.D. 4. Restricted Delivery? (Extra Fee) DYes 7003 1010 0004 7818 6916 102595-Q2-M-15040 Domestic Return Receipt Adams, Esquire . No. 79465 64 South Pitt Street Carlisle, Pa. 170 I 3 (717) 245-8508 ATTORNEY FOR PLAINTIFF ,..., 0:;."::' i".n ',.J -1'1 -' C) \,:-j _0; I") Ci o PATRICE D. CRAIG, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2003-40i CIVIL ~ FOREST F. CRAIG Defendant CIVIL ACTION ~ LAW IN DIVORCE PLAINTIFF'S RESPONSE TO DEFENDANT'S MOTION TO COMPEL DISCOVERY Plaintiff Patrice D. Craig by her attorneys, Snelbaker & Brenneman, P. c., submits this Response to Defendant's Motion to Compel Discovery as follows: I. Admitted. 2. Admitted. 3. Admitted with the qualification that the Motion For Appointment of Master was filed by the Defendant on May 2, 2005. In that Motion Defendant specifically represented that discovery was complete as to the claims for which the appointment of a Master was requested. A true and correct copy of Defendant's Motion For Appointment of Master is attached hereto and incorporated by reference herein as "Exhibit A". 4. Admitted, to the extent relevant. 5. Admitted with the qualification that additional discovery may be necessary. 6. Admitted with the qualification that Defendant specifically represented to the Court in is Motion For Appointment of Master that discovery in the matter was complete. In addition, on May 16, 2005 Defendant further certified to the Divorce Master that discovery is complete as to the claims for which the Master had been appointed and in response to a request to outline LAW OFFICES SNELBAKER & BRENNEMAN, P,C. what information was required that was not complete in order to prepare their case for trial and further indicate whether there were any outstanding interrogatories or discovery motions. LAW OFFICES SNEL.BAKER & BRENNEMAN, P.C. L_ efendant responded by stating "none". A true and correct copy of Defendant's Certification filed with the Divorce Master dated May 16, 2005 is attached hereto and incorporated by eference herein as "Exhibit B". Defendant misrepresented to the Divorce Master that discovery was completed on May 2, 005 and May 16,2005 when in fact Defendant on July 13,2005 served the "First Request For roduction of Documents" upon the Plaintiff. 7. Admitted. 8. Admitted. 9. Denied. It is denied for the reasons set forth above that Defendant is entitled to any iscovery &1 this time. 10. It is admitted only that Defendant provided Plaintiff with documents responsive to laintiffs Request For Production of Documents. It is denied that any time spent by Defendant 'n providing documentation was "extensive" and that Defendant will be harmed in any way by earing the burden of reproducing a second set of documents that he would need to produce in .y event in preparation for or as exhibits to be used in the hearing. II.' Denied. As noted above, even if Defendant is seeking discovery for a legitimate urpose, he has misrepresented the status of the case in his Motion For Appointment of Master nd Certification to the Divorce Master by indicating in May 2005 that discovery was complete S to the claims for which the Divorce Master has been appointed. 12. Denied as being an unreasonable conclusion of law to which no response is required y this parry. -2- LAW OFFICES SNELBAKER & BRENNEMAN, P.c. WHEREFORE, Plaintiff requests this Court to deny Defendant's Motion to Compel iscovery. SNELBAKER & BRENNEMAN, P. C. 1IWVL--- ate: November 2, 2005 BY: Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PAl 7055 (717) 697-8528 Attorneys for Plaintiff -3- PATRICE D. CRAIG, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 2003 ~ 402 Civil Term FOREST F. CRAIG, : IN DIVORCE Defendant MOTION FOR APPOINTMENT OF MASTER Defendant (Plaintiff)(Defendant) moves this Court to appoint a master with respect to the following claims: ()o Divorce ( ) Annulment (X) Alimony ( ) Alimony Pendente Lite (Xl Distribution of Property (X) Support ()<)) Counsel fees W Costs and Expenses "> = = <on :Jl: ~. -< I 1'0 o ." =.r~ rn~ <- Tim ~'5n ~' T '-c ::::J_~ i~I-:d "'.?C) tsrn c-l ~ () r; and in support of the motion states: <Jf q:: (1) Discovery is complete as to the claim(s) for which the appointment of a master is reqmc~fj,'Q. (2) The ~~has not) appeared in the action (personally)(by his attorney, ,~( ~~ ~1J'QA"W\"'N-/JtN\ , Esquire). f;,Cd (3) The statutory ground(s) for divorce (is)(are) "330 led") ~ """ :r. S' ./:.- 0'0 (4) Delete the inapplicable paragraph(s): (..) Tile .ctig" i, Jlgt "PJlt.,to~. (b) An agreement has been reached with respect to the following claims: Y1 5'Ul.. ~ (c) The action is contested with respect to the following claims:__ (5) The action (involves)(<foes not invo~ complex issues oflaw or fact. (6) The hearing is expected to take \ ~(hours). Date: 5.'~. 05 an Adams, Esquire A orney for (Plaintiff)(Defendant) ORDER APPOINTING MASTER (7) Additional information, if any, relevant to the motion: AND NOW, this following claims: ,2005, Robert Elicker, Esquire, is appointed Master with respect to the BY THE COURT: 1. EXH1BIT A PATRICE D. CRAIG, Plaintiff THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 03 - 402 CIVIL FOREST F. CRAIG, Defendant IN DIVORCE TO: Keith O. Brenneman , Attorney for Plaintiff Jane Adams , Attorney for Defendant DATE: Wednesday, May 11, 2005 CERTIFICATION [ J<:] 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. NDIV€-, EXHlIHT II (b) Provide approximate date when discovery will be complete and indicate what action is being takE:n to complete discovery. flNl;J {)isCtJver-~ cov/d be Un.fle--kd LVitklV) 30 dayS. s-/ /&1 OJ 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. CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have on the below date, aused a true and correct copy of the foregoing Response to be served upon the person and in the anner indicated below: FIRST CLASS MAIL. POSTAGE PREPAID. ADDRESSED AS FOLLOWS: Jane Adams, Esquire 64 South Pitt Street Carlisle, P A ] 7013 l~ Keith O. Brenneman, Esquire SNELBAKER & BRENNEMAN, P. C. 44 W. Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff Patrice D. Craig ate: November 2, 2005 LAW OFFICES SNELBAKER & BRENNEMAN, p.e. n ~- r-> c:> ~ ~ ':;2. \ N I q, '"'" ~ r:-? 1. niF -c1c::l, ~..... <......1 ;~y~~ ':2. ".7 'E. C1 (J. PATRICE D. CRAIG, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2003-403 CIVIL FORREST F. CRAIG, Defendant CIVIL ACTION - LA W IN DIVORCE PLAINTIFF'S PETITION FOR SPECIAL RELIEF PURSUANT TO Pa.R.C.P. I920.43(a) Petitioner Patrice D. Craig, by her attorneys, Snelbaker & Brenneman, P. C. submits this Petitioner For Special Relief and in support thereof avers the following: 1. action. 2. action. 3. 4. 2003. Petitioner herein is Patrice D. Craig, the Plaintiff in the above-captioned divorce Respondent herein is Forrest F. Craig, Defendant in the above-captioned divorce This divorce action was initiated by Petitioner by Complaint filed January 27. 2003. The parties in this action were married October 13, 1978 and separated on August 18, 5. During the parties' marriage and prior to their separation, Respondent made application to Jefferson-Pilot Life Insurance Company in May 1990, as a result of which Respondent obtained a life insurance policy on his life having a base coverage amount of $200,000.00 and named Petitioner herein the primary beneficiary of such policy. 6. Attached hereto and incorporated by reference herein as "Exhibit A" is a statement from Respondent's life insurance company describing the coverage, amount and beneficiary LAW OfFICES SNELBAKER & BRENNEMAN, P.C. designation ofthe above-referenced life insurance policy as of November 8, 2004. 7. In July 2005 it was learned through answers to Interrogatories directed to Respondent that Respondent had changed the beneficiary of the above-referenced life insurance policy to the parties' surviving children. 8. The change in beneficiary from Petitioner to the parties' children was done by Respondent without notice to Petitioner or Petitioner's counselor with the consent of the Petitioner. 9. The parties' divorce action is proceeding and is presently before the Divorce Master, although pre-trial statements have not been filed by the parties and a hearing has not been scheduled. 10. The parties have substantial marital assets which will be subject to equitable distribution. Accordingly, maintaining the Jefferson-Pilot life insurance policy for the benefit of the Petitioner is critical pending resolution of the parties' economic issues before the Divorce Master. 11. Counsel for Petitioner has requested counsel for Respondent to provide evidence that the beneficiary of the Jefferson-Pilot life insurance policy has been changed back to Petitioner. 12. Respondent has failed or refused to change the beneficiary of the life insurance policy back to Petitioner. WHEREFORE, Petitioner requests this Court is issue an Order: (a) directing that Respondent immediately designate Petitioner as beneficiary under the Jefferson-Pilot Universal Life Insurance Policy No. JP4164674; and L.AW OFFICES SNElBAKER & BRENNEMAN, P.C. -2- LAW OFFICES SNELBAKER & BRENNEMAN, P.c. (b) grant such other and additional relief as the Court in its discretion deems just and appropriate. Date: November 22,2005 Respectfully submitted, SNELBAKER & BRENNEMAN, P. C. [4~ BY: Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PAl 7055 (717) 697-8528 Attorneys for Petitioner Patrice D. Craig -3- . U1 . .... -., . -, . .. --...- --- -. J~IIt:'::iUII ,UUl rUldlll,.;ldlllt::'Uldlll..t: vUllltJdllY PO Box 21 D08 Greensboro, NC 27420-1008 JEFFERSON PILOT FINANCIAL bus: 800-487-1485 ...I..............h....... tlQ ')n()A I "V',,,''',,,''''''', \,IV, ............ l::'f""\OCC:CT t=oc:t: rO^I~ 1.......'...1-...... ,.,....................,'-" 301 QUEENS DALE DR APT E YORK PA 17403-4375 RE: Policy #JP4164674 Forrest Free Craig, Insured Dear Mr. Forrest Free Craig: This letter is in response to a request we received from you for the policy values for 1-21-03 and 8-18-03. Type of Coverage: Rider(s) & Benefil(s): Universal Life Accidental Death Waiver of Premium Base Plan Coverage: Status: Issued: $200,000.00 Active 05/14/1990 Smoking Status: Non-Smoker Billing Type: Billing Frequency: Premium: Billed To: Individual Bill (Direct) Monthly $100.00 12/14/04 Accumulated Value: Surrender Charge: As of 11/14/2004 $16,130.47 As of 11/14/2004 $880.00 Net Cash Surrender Value: As of 11/14/2004 $15,250.47 Beneficiary Designation: PATRICE DAWN CRAIG, WIFE, if living, otherwise, Insured's surviving children born of his marriage to said wife, share and share alike. ,.... .....-..-.-:---.-------''') The policy values requested are: 1/21/2003,Accumulated Value $14,446.59, surrender charge, $1,760.00 and net surrend value $12,686.59. / 8/18/2003 Accumulated Value $15,052.12, surrender charge $880.00 and net cash surr nder $14,172.12. ..' EXHIBIT A LAW OFFICES SNELBAKER & BRENNEMAN, P.C. VERIFICATION I verify that the statements made in the foregoing Petition 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. VZ1VL--- --..., Keith O. Brenneman Date: November 22, 2005 CERTIFICATE OF SERVIC~ I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have on the below date, caused a true and correct copy of the foregoing Petition to be served upon the person and in the manner indicated below: FIRST CLASS MAIL. POSTAGE PREPAID. ADDRESSED AS FOLLOWS: Jane Adams, Esquire 64 South Pitt Street Carlisle, PA 17013 0~ Keith O. Brenneman, Esquire SNELBAKER & BRENNEMAN, P. C. 44 W. Main Street P. O. Box 318 Mechanicsburg, P A 17055 (717) 697-8528 Attorneys for Plaintiff Patrice D. Craig Date: November 23, 2005 lAW OFFICES SNELBAKER & BRENNEMAN, P.c. '. ~.., ~~] jll i",:' c,.> (.I] C~ . LAW OFFICES SNELBAKER & BRENNEMAN, P.C. II PATRICE D. CRAIG, Plaintiff v. FORREST F. CRAIG, Defendant AND NOW, this tst day of rIiT':'C;,.... I I NO V ? fl LOO':! , ~ ' " i BY:~ ~c~'''''~=''c~c=,J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA 41>2, NO. 2003-~CIVIL CIVIL ACTION - LAW IN DIVORCE ORDER 1>C'~ <. , 2005, upon consideration of the foregoing Petition of Patrice D. Craig For Special Relief~ a RULE is hereby issued upon Respondent Forrest F. Craig to show cause, if any he should have, why the relief requested in the attached Petition should not be granted. RULE RETURNABLE within 2.0 upon counsel for Respondent Forrest F. Craig. v ^h'cP f}:(Y , days of service of this Order and Petition BY THE COURT: / r;;jJi [l/~ C. , J. : .", ;>- ,:",.J i \,.1'-" :.'j ----------- ... v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA '{iJ).. NO. 2003-4&3 CIVIL PATRICE D. CRAIG, Plaintiff FORREST F. CRAIG, Defendant CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S PETITION FOR SPECIAL RELIEF PURSUANT TO Pa.R.C.P. 1920.43(a) Petitioner Patrice D. Craig, by her attorneys, Snelbaker & Brenneman, P. C. submits this Petitioner For Special Relief and in support thereof avers the following: 1. action. 2. action. 3. 4. 2003. Petitioner herein is Patrice D. Craig, the Plaintiff in the above-captioned divorce Respondent herein is Forrest F. Craig, Defendant in the above-captioned divorce This divorce action was initiated by Petitioner by Complaint filed January 27, 2003. The parties in this action were married October 13, 1978 and separated on August 18, 5. During the parties' marriage and prior to their separation, Respondent made application to Jefferson-Pilot Life Insurance Company in May 1990, as a result of which Respondent obtained a life insurance policy on his life having a base coverage amount of $200,000.00 and named Petitioner herein the primary beneficiary of such policy. 6. Attached hereto and incorporated by reference herein as "Exhibit A" is a statement from Respondent's life insurance company describing the coverage, amount and beneficiary LAW OFFICES SNELBAKER & BRENNEMAN, P.C. .... LAW OFFICES SNELBAKER 8: BRENNEMAN, P,C. designation of the above-referenced life insurance policy as of November 8, 2004. 7. In July 2005 it was learned through answers to Interrogatories directed to Respondent that Respondent had changed the beneficiary of the above-referenced life insurance policy to the parties' surviving children. 8. The change in beneficiary from Petitioner to the parties' children was done by Respondent without notice to Petitioner or Petitioner's cOllnsel or with the consent of the Petitioner. 9. The parties' divorce action is proceeding and is presently before the Divorce Master, although pre-trial statements have not been filed by the parties and a hearing has not been scheduled. 10. The parties have substantial marital assets which will be subject to equitable distribution. Accordingly, maintaining the Jefferson-Pilot life insurance policy for the benef1t of the Petitioner is critical pending resolution of the parties' economic isslles before the Divorce Master. I I. Counsel for Petitioner has requested counsel for Respondent to provide evidence that the beneficiary of the Jefferson-Pilot life insurance policy has been changed back to Petitioner. 12. Respondent has failed or refused to change the benef1ciary of the life insurance policy back to Petitioner. WHEREFORE, Petitioner requests this Court is issue an Order: (a) directing that Respondent immediately designate Petitioner as beneficiary under the Jefferson-Pilot Universal Life Insurance Policy No. JP4164674; and -2- . . . LAW OFFICES SNElBAKER & BRENNEMAN, P.C. (b) grant such other and additional relief as the Court in its discretion deems just and appropriate. Date: November 22, 2005 Respectfully submitted, SNELBAKER & BRENNEMAN, P. C. BY' ld~-- Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, P A 17055 (717) 697-8528 Attorneys for Petitioner Patrice D. Craig -3- . . . III . .. -.. ,_. . ... ,... --... ,Jt::!IIt:tI~U'l ,nUL rUldlll,;ldllll>:>Uldlll.oC vUIII~dlIY PO Box 21008 Greensboro. NC 27420-1008 JEFFERSON PILOT FINANCIAL bus:800-487~1485 fl.l.....,..........h""... OQ ')nnA ''"''''''.....,.....",. ....v, ,,-vv. cnOOC:CT [:DI::I:: rO^If:: , ...........0-...., ,...__.... ...,.vo...... 301 QUEENSDALE DR APT E YORK PA 17403-4375 RE: Policy #JP4164674 Forrest Free Craig, Insured Dear Mr. Forrest Free Craig: This letter is in response to a request we received from you for the policy values for 1-21-03 and 8-18-03. Type of Coverage: Rider(s) & Benefit(s): Universal Life Accidental Death Waiver of Premium Base Plan Coverage: Status: Issued: $200,000.00 Active 05/14/1990 Smoking Status: Non-Smoker Billing Type: Billing Frequency: Premium: Billed To: Individual Bill (Direct) Monthly $100.00 12/14/04 Accumulate.d Value: Surrender Charge: As of 11/14/2004 $16,130.47 As of 11/14/2004 $880.00 Net Cash Surrender Value: As of 11/14/2004 $15,250.47 Beneficiary Designation: PATRICE DAWN CRAIG, WIFE, if living, otherwise, Insured's surviving children born of his marriage to said wife, share and share alike. ~~~ ~~~G~~ue~~~i~~~:1u:r;~ 4,446.59, surrender charge, $1,760.00 and net surrend va~~-:~:86.~9. -) 8/18/2003 Accumulated Value $15,052.12, surrender charge $880.00 and net cash surr nder $14,172.12. . EXHIBIT A " . ~ lAW OFFICES SNELBAKER & BRENNEMAN, P.C. VERIFICATION I verify that the statements made in the foregoing Petition 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. VZ1YL---.. Keith O. Brenneman Date: November 22, 2005 CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have on the below date, caused a true and correct copy of the foregoing Petition to be served upon the person and in the manner indicated below: FIRST CLASS MAIL. POSTAGE PREPAID. ADDRESSED AS FOLLOWS: Jane Adams, Esquire 64 South Pitt Street Carlisle, PAl 70 13 0~-- Keith O. Brenneman, Esquire SNELBAKER & BRENNEMAN, P. C. 44 W. Main Street P. O. Box 318 Mechanicsburg, P A 17055 (717) 697-8528 Attorneys for Plaintiff Patrice D. Craig Date: November 23, 2005 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. ''', ~, ( (~~ c-, ~ PATRICE D. CRAIG, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2003 - 402 CIVIL FORREST F. CRAIG, Defendant : CIVIL ACTION - LAW : IN DIVORCE DEFENDANT'S RESPONSE TO PLAINTIFF'S PETITION FOR SPECIAL RELIEF. AND NOW COMES, the Defendant, Forrest F. Craig, by and through his Attorney, Jane Adams, Esquire, and provides the following response to Plaintiffs Petition for Special Relief: 1. Admitted; Petitioner is Patrice D. Craig, Plaintiff in the above-captioned divorce action. 2. Admitted; Respondent is Forrest F. Craig, Defendant in the above-captioned divorce action. 3. Admitted. 4. Denied. The parties were married October 13, 1978 and started living in separate residences on August 18,2003. However, the divorce complaint was filed on January 23, 2003. 23 Pa.C.S.A. ~3 103 provides that: "in the event a complaint in divorce is filed and served, it shall be presumed that the parties commenced to live separate and apart not later than the date the complaint was served. " Therefore, Husband maintains that the parties began living separate and apart on January 23, 2003. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted in part; pre-trial statements are to be submitted to the Divorce Master on December 29'h, 2005. A hearing date has not yet been scheduled. '. ro. Denied. The parties do have substantial marital assets which will be subject to equitable distribution. It is denied that the Jefferson-Pilot life insurance policy for the benefit of Petitioner is critical pending resolution of the parties' economic issues before the Master. Husband also has a life insurance as part of his employee benefit package. Wife is listed as beneficiary of this group life insurance policy which currently has coverage of of $13 I ,000. There is also a supplemental life insurance policy with coverage of$88,000.00, which exceeds the coverage provided by the Jefferson-Pilot insurance policy. I I. Admitted; Counsel for Petitioner has requested such evidence. 12. Denied. As of this date, Husband has not changed the beneficiary on the life insurance policy back to Petitioner. However, he maintains he would do so if the parties were able to enter into a suitable agreement. WHEREFORE, Respondent request this Court to set a hearing regarding the Petition for Special Relief. Date: \ cl \ (1 \ 0 5 e Adams, Esquire South Hanover St. lisle, Pa. 17013 (717) 245-8508 I.D. No. 79465 Attorney for Defendant c - VERIFICATON I verify that the facts contained herein 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: \1.\\10 \o~ -, ~-l-? C1~v oITestF.Craig,Defundan~ (") r~ "-..-.. -u(~_ q:rt' v ,- ~<"~ ~ (,::, \. ~-.(".: J..-~~; ./.-- -=2 ...., => C~ cr. c:::> ...., ("") ~ ..... ::t:.." rn- hi !'.1CJ ~J~ -.- -r, !~~.-~ .:::~ 'J-> ~,....., =< u:> ::z ~ 0" .. y ., .., OEe 2 1 2005J y!,1 PATRICE D. CRAIG, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2003 - 402 CIVIL FORREST F. CRAIG, Defendant : CIVIL ACTION - LAW : IN DIVORCE ORDER AND NOW, this 2..2-'7J day of :VeL day of (~ ,2005, a hearing hereon is scheduled for the 6ft 200~, at /.'.3,( A.~ in Courtroom No. I of the Cumberland County Courthouse in Carlisle, Pennsylvania regarding the Petition for Special Relief. J. ,~~ cc: ..., Keith Brenneman, EsqUire; Jane Adams, Esquire I) ")S ~S ,/Y l_~~ 'M; ,) .-""''-' ~: '.: k) c I :01' !'I. Qu' 7 "qQ' ,i'f'Z ~, ,.,_ v ',,_., ~~u PATRICE D. CRAIG, Plaintiff V. FORREST F. CRAIG, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2003 - 402 CIVIL : CIVIL ACTION - LA W : IN DIVORCE 1. Defendant, Forrest F. Craig, ifhe has not already done so, shall name Plaintiff sole primary beneficiary of his Group Life Insurance and supplemental group life insurance policies provided through Defendant's Employer, WellSpan Health. 2. Defendant, Forrest F. Craig will provide evidence of Plaintiffs designation as beneficiary of the above policies within twenty (20) days of the date of this Order. 3. Defendant, Forrest F. Craig, shall not terminate such policies, reduce the benefits payable, or change the beneficiary designation of the above policies until further Order of Court or agreement of the parties. cc: ~ith Brenneman, Esquire ~e Adams, Esquire J. -l 1'\\\\1 ~"J\} ,) ,'\\ 'y . (\ ,,\\> L'-./ \ PATRICE D. CRAIG, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : '1/)).. : NO. 2003-4eJ CIVIL TERM CIVIL ACTION - LAW : IN DIVORCE v. FORREST F. CRAIG, Defendant DEFENDANT'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(c) ofthe Divorce Code was filed on January 27,2003. 2. The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety (90) days have elapsed from the date ofthe 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. 4. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. ~ 4904, relating to unsworn falsification to authorities. Date s\ lDl D40 \. ~-J.?~r ForrestF.Craig,DefE9Bant LAW OFFICES SNElBAKER & BRENNEMAN, P.C. () c S. -ocu n""lf'" __',71 '.' ~.. ~~; -(-" .,,;....~ ~."- ~: r- ~:'t Zt i?c z :2 ~ c;:;) cr- ::t: :P" -<. N ~ ~ rrle -om -f) t? S?;9 :rs-'ci c_ 0 Zrn 9 ~ -0 - ...;&" - N -J LAW OFFICES SNELBAKER & BRENNEMAN. P.C. PATRICE D. CRAIG, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA '11>.11. : NO. 2003-463 CIVIL TERM Plaintiff v. FORREST F. CRAIG, Defendant : CIVIL ACTION - LAW : IN DIVORCE DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary . 4. 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. 9 4904 relating to unsworn falsification to authorities. Date:.s/{O/OG ~~~~ rrest F. Cra1g, Defend 0 '" 0 c;;:) c C;;:;) .." -:;,.l" C7"> ,- ~ fr :3t ;D.. m:D -< -ubi N :I;1 0 -< .-,) l. r- ~:--ICl :.:; -0 ;r:: :r; :~ " - ~~("5 c. -'to. Om ~ N ~ =< -.J -< PATRICE D. CRAIG, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 4Od. : NO. 2003~ CIVIL TERM v. FORREST F. CRAIG, Defendant : CIVIL ACTION - LAW : IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on January 27,2003. 2. The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the 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 ofthe decree. 4. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. ~ 4904, relating to unsworn falsification to authorities. Date: ~(t" / ~f,. ./J ,. Patrice D. Craig, Plaintiff LAW OFFICES SNELBAKER & BRENNEMAN, P.C. () r:;~ -of" 11- I-~': --7 .~' ~ ~6: ~t:~. ~(~., Pc -7 ~"':j -<:. ,..", <= = 0"' :It: ::I> -< o 11 -I -r m:D "hi [3~ ::-1 ;! ..C -r! 0-- :;.:>'0 Om ?E -< N -0 :J:: N Q'") Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 40J. : NO. 20034ffl' CIVIL TERM PATRICE D. CRAIG, v. FORREST F. CRAIG, Defendant : CIVIL ACTION - LAW : IN DIVORCE PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. 4. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~ 4904 relating to unsworn falsification to authorities. Date: ~ flf)!f) 16 L i)~ ~ Patrice D. Craig, Plaintiff / LAW OFFICES SNELBAKER & BRENNEMAN, P.C. (') r-...) c:::> ~ C c:::> ;? c::n -0 -~~". :x :r rTl~{ :bo n,:!:I 2:.:2,' -.: ~I". Fn ~r:; ."'. !.. ;Be;; (f.l)' N -<'""u ~;=: 00 -0 :.:;:I.., :;;; ?3-n ~''''~ -"C 0 ~ -I N ?5 -....J -< PATRICIA D. CRAIG, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 03 - 402 CIVIL FORREST F. CRAIG, Defendant IN DIVORCE ORDER OF COURT AND NOW, this ISU day of 'fYt~ 2006, the economic claims raised in the proceedings having been resolved in accordance with a marriage settlement agreement dated May 10, 2006, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, ~1~ Edgar B. Bayley, P.J. \ cc: ~ith O. Brenneman Attorney for Plaintiff ~ne Adams Attorney for Defendant '" ~,D~ ~\ o ~ 0 ;::: tn 8 z l-" ;3~. ~~ %: .J ~;\:: rr:~ < ~~ t.n 3~~ ",.J' eJ) >- Jd; tcif <: ;".ICb %: ..~~G_ "'" ~ = ::J = U ..... V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2003 - 402 CIVIL PATRICE D. CRAIG, Plaintiff FORREST F. CRAIG, Defendant : CIVIL ACTION - LAW : IN DIVORCE MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT, made this I O~ day of --rn~ ,2006, by and between, PATRICE D. CRAIG, of Mechanics burg, Cumberland Count)\..J>e~ylvania, hereinafter referred to as "WIFE", and FORREST F. CRAIG, of York, York County, Pennsylvania, hereinafter referred to as "HUSBAND". WITNESSETH: WHEREAS, Husband and Wife were lawfully married on October 13, 1978, NOW THEREFORE, Wife and Husband, each intending to be legally bound, hereby covenant and agree as follows: 1. FULL DISCLOSURE OF ASSETS. Each party warrants that he or she has made a full and fair disclosure of income, assets, and their valuation prior to the execution of this Agreement. 2. ADVICE OF COUNSEL. Husband has employed Jane Adams, Esquire, as his attorney. Wife has employed Keith Brenneman, Esquire, as her attorney. Each party has carefully and completely read this agreement and has been advised and is completely aware not only of its contents but of its legal effect. 3. MUTUAL RELEASE OF ALL CLAIMS. Other than as provided in this agreement, each party may dispose 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 ofthe 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. 1 ~PC 7t FC 4. WARRANTY OF DEBTS AND FUTURE OBLIGATIONS. Each party warrants that they have not contracted any debt or liability for the other or which the estate of the other party may be responsible or liable, and except only for the rights arising out of this agreement, neither party will hereafter incur any liability whatsoever for which the other party or the estate of the other party, will be liable. Each party agrees to indemnify or hold harmless from the other and against all future obligations of every kind incurred by them, including those for necessities. 5. EQUITABLE DIVISION OF MARITAL PROPERTY. The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in 23 Pa.C.S.A. s350I et. seq. 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 the marital rights of the parties. As such the parties have agreed as follows: The parties shall divide the following assets, with Husband to receive 45% of each asset and Wife to receive 55% of each asset: The Merrill Lynch Lord Abbott Account The Merrill Lynch Beyond Banking Account Husband's American Express/Ameriprlse IRA. Husband's 403(b) account, as of May I, 2003, with wife to receive all appreciation or interest on her 55%, since May I, 2003. The Merrill Lynch Lord Abbott Account and the Merrill Lynch Beyond Banking Account will be frozen as of the date of this agreement, and the parties shall complete all paperwork to divide these accounts within seven (7) days. The parties shall allocate any interest, dividends, and gains which result from these joint accounts equally. Husband shall retain the following assets and Wife shall waive her interest in the following assets: The Member's First checking account, which had value of $26,000.00 The Wellspan FCU account. Husband shall retain ownership of the The Jefferson Pilot Life Insurance Policy. For the purpose of this settlement, it is agreed that the Jefferson Pilot Life Insurance Policy had a value of $13,376.00 at the date of separation. Wife shall retain the following assets and Husband shall waive his interest in the following assets: Funds removed in the amount of $12,000 from the parties' Member's First checking account. 2 Ie.- PC It!- FC Wife's Roth IRA. The escrow account containing the proceeds from sale of the marital home shall be divided. Husband shall receive 45% of the escrow account, and Wife shall receive 55% of the escrow account. Husband agrees to pay WIfe at the time of the division of the escrow account the amount of $15,200 from his 45% portion of the escrow account. 6. PERSONAL PROPERTY. Husband and Wife acknowledge that they have previously divided all their tangible personal property. Wife agrees that all of the property of Husband or in his possession shall be the sole and separate property of Husband; and Husband agrees that all of the property of Wife or in her possession shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce, and forever abandon whatever claim, if any, he or she may have with respect to the above items which shall become the sole and separate property of the other. 7. MOTOR VEHICLES. With respect to the motor vehicles, owned by one or both of the parties, they agree as follows: (a) The 1995 Pontiac Grand Am shall be and remain the sole and exclusive property of Wife. (b) The 1993 Oldsmobile shall be and remain the sole and exclusive property of Husband. 8. MUTUAL WAIVER OF EMPLOYMENT BENEFITS. Other than as provided herein, the parties agree to waive any and all rights they have in and to each other's employment benefits, including but not limited to both parties pensions and retirement plans and Incentive Savings Plans. The parties agree never to assume any claim to such benefits of the other at any time in the future. Other than as provided within, Wife waives all right to Husband's Wellspan Pension and Wellspan 403(b) account. However, Wife shall receive 55% of the marital portion of the Wellspan Account. The date of separation for these purposes shall be deemed to be May 1,2003. Husband waives all right to Wife's Roth IRA. Husband American Express IRA shall be divided into separate accounts, with 55% ofthe value to be distributed into a separate account for Wife's benefit and 45% of the value to remain in Husband's account. The parties will cooperate in the preparation of Qualified Domestic Relations Orders, and any other documentation, if necessary, to effectuate these transfers. 3 t~ PC ~FC . 9. ALIMONY, ALIMONY PENDENTE LITE and LEGAL FEES. Other than as provided in this agreement, each party hereby waives any right to spousal support, alimony, or alimony pendente lite, and each party agrees to be responsible for his or her own legal fees and expenses. As of the date of the final Divorce Decree, the parties agree that Husband will pay Wife the amount of $1600 per month alimony upon entry of a Divorce Decree. Alimony will be paid bi-weekly and shall continue to be deducted from Husband's pay in the same frequency and manner as has been paid through Domestic Relations in the past. Alimony shall be modifiable upon a substantial change of circumstances and shall continue for an indefmite term. All alimony to be paid under this agreement shall terminate upon either party's death, the recipient's remarriage or the recipient's cohabitation with a person of the opposite sex. Husband shall name Wife as beneficiary of a life insurance policy which will provide $200,000.00 payable to Wife upon Husband's death. Husband shall provide proof of coverage upon Wife's request. Husband shall pay for this policy and continuously maintain it for the benefit of Wife until his alimony payments are discontinued by further agreement or court order. 10. WAIVER OR MODIFICATION TO BE IN WRITING. No modification or waiver of any of the terms hereof 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. 11. MUTUAL COOPERATION. Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge, and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 12. APPLICABLE LAW. The Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement. 13. INTEGRATION. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements or negotiations between them. There are no representations or warranties other than those expressly set forth herein. 4 &'-PC lGc .. . 14. NO WAIVER OF DEFAULT. This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any default or breach of any provision hereof by construed as a waiver of any subsequent default or breach of the same or similar nature, not shall it be construed as a waiver or strict performance of any other obligations herein. 15. BREACH. If either party breaches any provisions of this agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek other remedies or relief as may be available to him or her, and the party breaching this contract should be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this agreement. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written: WITNESS: Ihrv---. ~ -L) . - Keith Brenneman, Esquire 44 W. Main St. Mechanicsburg, Pa. 17055 Attorney for Wife //It> /1 , Date: !:> Patrice D. Craig, Wife Date: ~ff1I(j6 ~ Fz~t~~ Adams, Esquire 64 . Pitt St. C lisle, Pa. 17013 ttorney for Husband Date: S liD loG, 5 (}, PC :1Cpc , PATRICE D. CRAIG, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2003 - 402 CNIL FORREST F. CRAIG, Defendant : CNIL ACTION - LAW : IN DNORCE MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT, made this I c:> fJ... day of ,u1 "''I , 2006, by and between, PATRICE D. CRAIG, of Mechanics burg, Cumberland County, Pennsylvania, hereinafter referred to as "WIFE", and FORREST F. CRAIG, of York, York County, Pennsylvania, hereinafter referred to as "HUSBAND". WITNESSETH: WHEREAS, Husband and Wife were lawfully married on October 13, 1978, NOW THEREFORE, Wife and Husband, each intending to be legally bound, hereby covenant and agree as follows: 1. FULL DISCLOSURE OF ASSETS. Each party warrants that he or she has made a full and fair disclosure of income, assets, and their valuation prior to the execution of this Agreement. 2. ADVICE OF COUNSEL. Husband has employed Jane Adams, Esquire, as his attorney. Wife has employed Keith Brenneman, Esquire, as her attorney. Each party has carefully and completely read this agreement and has been advised and is completely aware not only of its contents but of its legal effect. 3. MUTUAL RELEASE OF ALL CLAIMS. Other than as provided in this agreement, each party may dispose 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. 1 pc-- PC 7c! FC 4. WARRANTY OF DEBTS AND FUTURE OBLIGATIONS. Each party warrants that they have not contracted any debt or liability for the other or which the estate of the other party may be responsible or liable, and except only for the rights arising out of this agreement, neither party will hereafter incur any liability whatsoever for which the other party or the estate ofthe other party, will be liable. Each party agrees to indemnify or hold harmless from the other and against all future obligations of every kind incurred by them, including those for necessities. 5. EQUITABLE DIVISION OF MARITAL PROPERTY. The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in 23 Pa.C.S.A. s3501 et. seq. 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 the marital rights of the parties. As such the parties have agreed as follows: The parties shall divide the following assets, with Husband to receive 45% of each asset and Wife to receive 55% of each asset: The Merrill Lynch Lord Abbott Account The Merrill Lynch Beyond Banking Account Husband's American Express/Ameriprise IRA. Husband's 403(b) account, as of May 1, 2003, with wife to receive all appreciation or interest on her 55%, since May 1, 2003. The Merrill Lynch Lord Abbott Account and the Merrill Lynch Beyond Banking Account will be frozen as of the date of this agreement, and the parties shall complete all paperwork to divide these accounts within seven (7) days. The parties shall allocate any interest, dividends, and gains which result from these joint accounts equally. Husband shall retain the following assets and Wife shall waive her interest in the following assets: The Member's First checking account, which had value of $26,000.00 The Wellspan FCU account. Husband shall retain ownership of the The Jefferson Pilot Life Insurance Policy. For the purpose of this settlement, it is agreed that the Jefferson Pilot Life Insurance Policy had a value of $13,376.00 at the date of separation. Wife shall retain the following assets and Husband shall waive his interest In the following assets: Funds removed in the amount of $12,000 from the parties' Member's First checking account. 2 ~c PC 7t!... FC "" Wife's Roth IRA. The escrow account containing the proceeds from sale of the marital home shall be divided. Husband shall receIve 45% of the escrow account, and Wife shall receive 55% of the escrow account. Husband agrees to pay Wife at the time of the division of the escrow account the amount of $15,200 from his 45% portion of the escrow account. 6. PERSONAL PROPERTY. Husband and Wife acknowledge that they have previously divided all their tangible personal property. Wife agrees that all of the property of Husband or in his possession shall be the sole and separate property of Husband; and Husband agrees that all ofthe property of Wife or in her possession shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce, and forever abandon whatever claim, if any, he or she may have with respect to the above items which shall become the sole and separate property of the other. 7. MOTOR VEmCLES. With respect to the motor vehicles, owned by one or both of the parties, they agree as follows: (a) The 1995 Pontiac Grand Am shall be and remain the sole and exclusive property of Wife. (b) The 1993 Oldsmobile shall be and remain the sole and exclusive property of Husband. 8. MUTUAL WAIVER OF EMPLOYMENT BENEFITS. Other than as provided herein, the parties agree to waive any and all rights they have in and to each other's employment benefits, including but not limited to both parties pensions and retirement plans and Incentive Savings Plans. The parties agree never to assume any claim to such benefits of the other at any time in the future. Other than as provided within, Wife waives all right to Husband's Wellspan Pension and Wellspan 403(b) account. However, Wife shall receive 55% ofthe marital portion of the Wellspan Account. The date of separation for these purposes shall be deemed to be May 1, 2003. Husband waives all right to Wife's Roth IRA. Husband American Express IRA shall be divIded into separate accounts, with 55% of the value to be distributed into a separate account for Wife's benefit and 45% of the value to remain in Husband's account. The parties will cooperate in the preparation of Qualified Domestic Relations Orders, and any other documentation, if necessary, to effectuate these transfers. 3 ~v PC -lC-. FC . 9. ALIMONY, ALIMONY PENDENTE LITE and LEGAL FEES. Other than as provided in this agreement, each party hereby waives any right to spousal support, alimony, or alimony pendente lite, and each party agrees to be responsible for his or her own legal fees and expenses. As of the date of the fmaI Divorce Decree, the parties agree that Husband will pay Wife the amount of $1600 per month alimony upon entry of a Divorce Decree. Alimony will be paid bI-weekly and shall continue to be deducted from Husband's pay in the same frequency and manner as has been paid through Domestic Relations in the past. Alimony shall be modifiable upon a substantial change of circumstances and shall continue for an indefinite term. All alimony to be paid under this agreement shall terminate upon either party's death, the recipient's remarriage or the recipient's cohabitation with a person ofthe opposIte sex. Husband shall name Wife as beneficiary of a life insurance policy which will provide $200,000.00 payable to Wife upon Husband's death. Husband shall provide proof of coverage upon Wife's request. Husband shall pay for this policy and continuously maintain it for the benefit of Wife until hIs alimony payments are discontinued by further agreement or court order. 10. WAIVER OR MODIFICATION TO BE IN WRITING. No modification or waiver of any of the terms hereof 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. 11. MUTUAL COOPERATION. Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge, and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 12. APPLICABLE LAW. The Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement. 13. INTEGRATION. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements or negotiations between them. There are no representations or warranties other than those expressly set forth herein. 4 f~PC ~/FC # 14. NO WAIVER OF DEFAULT. This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any default or breach of any provision hereof by construed as a waiver of any subsequent default or breach of the same or similar nature, not shall it be construed as a waiver or strict performance of any other obligations herein. 15. BREACH. If either party breaches any provisions of this agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek other remedies or relief as may be available to him or her, and the party breaching this contract should be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this agreement. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written: WITNESS: V~ Keith Brenneman, Esquire 44 W. Main St. Mechanicsburg, Pa. 17055 Attorney for Wife Date: 6" (I. ( 0 " ~~-LJ~ Patrice D. Craig, Wife ,/ / Date: .!>-/~ -tJ6 F06~4e~ J e Adams, Esquire 64 . Pitt St. lisle, Pa. 17013 Attorney for Husband Date: 5//6 ~ h 5 ~PC ~FC . g; ,1"> ~ ""'- N 'is ~~>:? uJ., - 0"-"' ""L- , CCs,;.;- ""' "~~- 'lQ CO r D_ WO- ,.... etcu ~f. ~ :0:: cr> ::'J u_ = 0 <=-, 0 <--' v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . 1..//)'). : NO. 2003-4il CIVIL PATRICED. CRAIG, Plaintiff FORREST F. CRAIG, Defendant : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO: Prothonotary of Cumberland County: Please transmit the record, together with the following information, to the Court for en y of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 330I(c) of the Divorce Code. 2. Date and manner of service of Complaint: by certified mail, restricted delivery on Defendant on January 31,2003 (see Affidavit of Service filed February 13, 2003). 3. Date of execution of the Affidavit of Consent required by Section 330l(c) of the Divorce Code: by the Plaintiff: May 10, 2006; by the Defendant: May 10, 2006. 4. Date of execution of Waiver of Notice in Section 330I(c) Divorce: by the Plaintiff: May 10, 2006; by the Defendant: May 10, 2006. 5. Related pending claims: None. SNELBAKER & BRENNEMAN, P. C. Date: Ih" 18, 2-00 C By: W~ Attorneys for Plaintiff LAW OFFICES SNELBAKER & BRENNEMAN. P.C. (") c -qB~ Dlrl' or:::" ._~ ::;;-. :}'; _c' r.:: ~~~ ~ "" = = o~ ::!l: :> -: o .." ~ m:!l r -om -0;9 9,6 ::'J: :r; 0" "0(') om -I 5; -< ex:> ""'0 ~ 1>? o. I' ... PATRICE D. CRAIG, Plaintiff, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : -/0'). : 2003 - ~ CIVIL TERM : IN DIVORCE FOREST F. CRAIG, Defendant. AFFIDAVIT OF SERVICE OF COMPLAINT COMMONWEALTH OF PENNSYLVANIA I : SS: COUNTY OF CUMBERLAND o ~,.) ..." f'"' c;l o ;:~ -1', ()..'. 1-11r::' \"'7 -, 0?";,. ~C- ~C:. 5- ~C, 7:. -" -( state: NOW, Rebecca R. Hughes, Esquire, being duly sworn according to law, does depose and I. That she is a competent adult and attorney for the Plaintiff in the captioned action. 2. That a certified copy of the Complaint was served upon the Defendant, Forest F. Craig on January 31, 2003 by certified mail, return receipt requested, addressed to 56 Bourbon Red Drive, Mechanicsburg, Pennsylvania 17050, with return receipt number 70012510000928284470. 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. IRWIN, McKNIGHT & HUGHES Date: February 3,2003 By: Rebecca R. Hughes, Esquire Supreme Court Id # 67212 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Attorney for Plaintiff Patrice Craig -i0 n '-' --~ t .::J - vJ -CJ - - s:" .I -.. E:J '" ::r ::r Postage $ Certified Fee ,~o \ ' 7 c: ~. '3, ~o ~, IS' Postmark He.. '" ru '" ru a- E:J E:J E:J E:J .-'l U'l Sent To ru ...!:'!-?E~.':'_~n_F. Craig g -=:;~~;;::~;'~:_E~i~~:::::::::::::::::::::::::::::::::-.."no.. '" TotIII Postage & Fees $ -"'7~--~-'-'-~"'-'"-'-"'"""",,,~,""'--- __~__......,..-__.----",.---.,..c.__.__._..._-.~._---_.c:-_.,..-,_.._.. -------..-----,.....-1 , I I .cofnpleleltems1 ,i'2,.nd 3.'Aii1ll-CcimpIOte"'f\'" ttem H ,Restrict8d Delivery IS d8$lred. . . . Print your neme and eddras. on the rev""", .. 1'0 that we can return the card to ,you. :a.. . Attach this card to. the back of the mailpiece, or on the front ~ space permits.. 1. Arllcle Addressed to: Forest F.Craig 56 Bourbon Red ..Drive "-" "'-. Ml!chanicsburg. FA 17050 j .MIl31. .!'ll!l':'!'i.~ - CJ Express Mail !Xl Return ReceIpt for Merchandise 3. ~ . I] Yes 2. Article Number (Copy from service label) , If! 7001 2510 0009 2828 4470 PS Form 3811, July 1999 Domestic Return ReceI~ .~. 102595-99-M-1789 .,__....--......:....1 + + + + + + + + + + + + + + + + + + + + + ~++++++++++++++++++++++++++++++++++++++++++++++ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + . + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + . + + + :+::+..,:+ +:+: +:+:+:+:+::+:+:+ + +:+:+ +:+:+ + '+' +:+:+:+ + 1':+:+ -1':+ "" + + +. + + + +~t' + + + + +. +. + +:+ + + ++ ,..,"'++ +++:+: +:+: ++ + +++ +:+: ++ +:+: ++ + +:+: ++:+: + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY PENNA. STATE OF PATRICE D. CRAIG, Plaintiff No. 2003~401 CIVIL VERSUS FORREST F. CRAIG, Defendant DECREE IN DIVORCE AND NOW, (\tL~\ 2,-/ 2..tJCb, IT IS ORDERED AND PATRICE D. CRAIG , PLAINTIFF, DECREED THAT AND FORREST F. r.RATr. , 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 + + VET BEEN ENTERED; + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + ++:+: + None. The parties' Marriage Settlement Agreement dated May 10, 2006 IS incorporated but not merged into this Decree. ATT By THE 172 d~ r ~ jrPROTHONOTARY ~ +:+: ++ J "'-"i<fPp #"?J' ~ /fl',m-7? 7~,?t, ,f}r;i"{J[-5' --r?n"?-;ru-~ j:.p ~ /fl'lm'if ~;J 1->1;.) u-a. 0[.-;7 t...., ... " " . " . --: .",. ;y/ PATRICE D. CRAIG, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2003 - 402 CIVIL FORREST F. CRAIG, Defendant : CIVIL ACTION - LAW : IN DIVORCE ORDER FOR PAYMENT OF ALIMONY AND NOW, this \"3 ~l Day of :r ..u,~ 2006, upon the joint Motion of Plaintiff and Defendant, and to implement a provision of the Agreement of the Parties, entered on May 10,2006, before the Divorce Master, it is hereby Ordered and Decreed as follows: I. Plaintiff, Patrice D. Craig, has and address of 715 S. Market St., Mechanicsburg, Cumberland County, Pennsylvania, 17055. . 2. Defendant, Forrest F. Craig, has an address of30I E. Quec!hsdale Drive, York, York County, Pennsylvania, 17403. 3. There is currently a support case open in Cumberland County, Pennsylvania, which has a Docket No. of 138 S 2004, and a Pacses No. of939I06I 71. 4. Defendant, Forrest F. Craig, shall pay Plaintiff, Patrice D. Craig, alimony as follows: A. Upon the date of the entry of a final Decree in Divorce, spousal support shall cease and Husband shall pay to Wife the amount of$1600.00 per month alimony. B. The alimony shall continue for an indefinite term. Alimony shall terminate upon the death of either party, Wife's remarriage, or Wife's cohabitation with a man not her spouse. Either party shall be able to petition for a change in the alimony upon a substantial change of circumstances. C. The payments made pursuant to this Order shall be treated by both parties as alimony whereby Husband deducts the payments from his income for tax purposes and Wife includes them in her income for tax purposes. D. The alimony payment shall be made directly by Husband's employer to the Pennsylvania State Collection and Disbursement Unit (PA SCDU) at Pennsylvania SCDU, P.O. Box 69110, Harrisburg, Pennsylvania, 17106-9110. Payments shall continue to be forwarded as before, on a bi-weekly basis on :W'.ino A1Nn;:'~;":,' \ E :5 liV III rllir 9UOl '''''iU';'; ,...(.:: :'," , '0 ^QV,-,>- 1;'_',. __,j'-~.i -lnJ. :!. -,~, ,"'. "l-jllJ :h)I::i~y,,}-i,-.::l :J ,."". -- Husband's pay day. E. The alimony payments due under this Order shall commence as directed on Husband's first pay day after entry of this Order and the Order shall be retroactive to the date of the Divorce Decree. F. This Order shall be implemented as soon as administratively possible, and the parties shall cooperate in making any modifications necesssary to carry out the intent of this agreement. 5. The parties have indicated their agreement to such terms by signature of their attorneys, as follows: ~ J e Adams, Esquire 6 S. Pitt St. arlisIe, Pa. 17013 (717) 245-8508 Attorney for Husband Keith Brenneman, Esquire 44 W. Main St. Mechanicsburg, Pa. 17055 (7 I 7) 697-8528 Attorney for Wife ORDERED and DECREED this \~\\o day of J.u.~ ,2006 BY THE COURT: 1. cc: ~ith Brenneman, Esquire Jane Adams, Esquire J ir}\~ .\ D'" . " State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 06/14/06 Case Number (See Addendum for case summary) ORDERlNOTICE TO WITHHOLD INCOME FOR SUPPORT 939106171 138 S 2004 03-402 CIVIL o Original Order/Notice @ Amended Order/Notice o Terminate Order/Notice YORK HOSPITAL C/O C/O WELLSPAN FINANCE PO BOX 2767 YORK PA 17405-2767 RE: CRAIG, FORREST F. Employee/Obligor's Name (last, First, MI) 191-46-7389 Employee/Obligor's Social Security Number 92301D1295 Employee/Obligor's Case Identifier (SH Addendum for p/aintiH names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) EmployerM'ithholder's Federal EIN Number See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMA TlON: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. 8y 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. $ 1,600.00 per month in current support $ 0.00 per month in past-due support Arrears 12 weeks or greater? Oyes @ no $ 0.00 per month in current and past-due medical support $ 0 . 00 per month for genetic test costs $ per month in other (specify) for a total of $ 1. 600 . 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: $ 369.23 per weekly pay period. $ 738.46 per biweekly pay period (every two weeks). $ 800.00 per semimonthly pay period (twice a month). $ 1. GOD. 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 paydateldate of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's! obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service atl-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. @ BY T COURT: ~ Date of Order: JUN 1 5 2006 " '-f \s'&~ ~ Edgar B. BaYle~, '\fudge Form EN-028 Worker ID $IATT DRO. R.J. Shadday Service Type M OMB No.: 0970-0154 , .. ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS o If checked you are required to provide a copy of this form to your employee. If your employee works in a state that is differenffrom the state that issued this order, a copy must be provided to your employee even if the box is not checked. 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: Vou can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. Vou must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* RCJ.1u,t;hg tl,~ rdyJgttdDCllc: v(Wal,llold;1I5' '{VI.' IlIujl u;:;;tJv,l Un:: J.1c1yJa.ldda.lc: v{ yv:tI,I,old;lIg vvl,ell ::I1;;;lnl;1I5lll'l;; paYIlIt::IIl. Tln::- paydaleldall: vf vv;U.I.vIJ;1I5;5 ti,e date 011 vvl,;\"'I. QllIVUlIl vvoS yy;tl.l.dd flVll1 t1,oc; clIltJlvyee's vvc\ge::l. 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 fOlWard the support payments. 4.' Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. Vou must honor all OrdersINotices to the greatest extent possible. (See #9 below) 5. Termination Notification: Vou must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 2313522220 EMPLOYEE'S/OBLlGOR'S NAME: CRAIG , FORREST F. EMPLOYEE'S CASE IDENTIFIER: 9230101295 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: Vou 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 govems. 9.' Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (1 S U.S.c. 91673 (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. For tribal orders, you may not withhold more than the amounts allowed under the law of the issuing tribe. For tribal employers who receive a state order, you may not withhold more than the amounts allowed under the law of the state that issued the order. , O. Additional Info: 'NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Submitted By: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by fAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 form EN-028 Worker ID $IATT Service Type M OMB No.: 0970-0154 , ... ADDENDUM Summary of Cases on Attachment Defendant/Obligor: CRAIG. FORREST F. PACSES Case Number 939106171 Plaintiff Name PATRICE D. CRAIG Docket Attachment Amount 00138 S 2004 $ 1,600.00 Child(ren)'s Name(s): PACSES Case Number Plaintiff Name DOB Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB you are required to enroll the child(ren) in any health insurance coverage available through the employee's/obligor's employment. If checked, you are required to enroll the child(ren) in any health insurance coverage available employee's/obligor's employment. PACSES Case Number Plaintiff Name PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB you are required to enroll the child(ren) in any health insurance coverage available employee's/obligor's employment. If checked, you are required to enroll the child(ren) in any health insurance coverage available employee's/obligor's employment. PACSES Case Number Plaintiff Name PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB you are required to enroll the child(ren) in any health insurance coverage available employee's/obligor's employment. If If checked, you are required to enroll the child(ren) in any health insurance coverage available employee's/obligor's employment. Addendum Form EN-028 Worker 10 $IATT Service Type M OMB No.: 0970-0154 , r-' ,-:::~') \.:;J cr' ,- c.. .~ :~::. - Ul ~, :;;: o ~-f'~ --' ~:o c:::, (\ --c ...- , ~.../ ;.'J1::), - .........~ 1:'''-:'' .~.}\;l -;;::-- ~ r.f! 0-' ,,,) , ~ , PATRICE D. CRAIG, Plaintiff V. FORREST F. CRAIG, Defendant AND NOW, this Prudential QDRO.wpd : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2003 - 402 CIVIL : CIVIL ACTION - LAW : IN DIVORCE tK ORDER day of :r u t 1 , 2006, the attached Stipulation to Enter Domestic Relations Order is entered as an Order of Court. cc: ~th. Brenneman, Esquire ~~ Adams, Esquire ~ ~rOlp ~,t) D .[ Q(' IJ '..... : iJ I L ~. ~-... .~<.. :"'\ .4 PATRICE D. CRAIG, V. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVNIrA, : NO. 2003 - 402 Civil Term FORREST F. CRAIG, : CIVIL ACTION - LAW Defendant : IN DIVORCE CD CI -4 330 PETITION TO TERMINATE ALIMONY AND NOW COMES, Defendant, Forrest F. Craig, by and through his Attorney, Jane Adams, Esquire, and hereby files his request to terminate alimony and in support thereof, avers as follows: 1. Defendant, is Forrest F. Craig, (hereinafter "Husband"), who lives at 186 Dew Drop Road, York, Pennsylvania, 17402. 2. Plaintiff is Patrice D. Craig, (hereinafter "Wife"), who lives at 715 S. Market Street, Mechanicsburg, Pennsylvania, 17055. 3. On May 10, 2006, the parties signed a marriage settlement agreement which provided that Husband would pay Wife the sum of $1600 per month in alimony, upon entry of the Divorce Decree. Said alimony was modifiable upon a substantial change of circumstances and was to continue for an indefinite term. 4. Said alimony was modifiable upon a substantial chance of circumstances, or was to terminate upon either party's death, the recipient's remarriage or cohabitation with another party. 5. .The parties divorce decree was entered on May 24, 2006, and Husband has been paying alimony since that time. 6. Husband is asking for termination of alimony for the following reasons: (a) Husband is now sixty (60) years old and he is suffering from a serious health condition which has caused him to retire in September 2014. -n • N, (b)Husband's income has been immediately drastically reduced due to his unforseen circumstance. (c)Wife has independent financial resources to be able to support herself. (d)Wife purchased a home in 2008 jointly with her boyfriend, and they own said property as joint tenants with a right of survivorship. It is believed that the Parties have been co-habitating in the residence since before that date. 7. The Divorce Decree was entered by Judge Oler. 8. It is assumed that Wife will not agree to said requested relief. 9. Husband requests that all alimony be terminated immediately. WHEREFORE Husband requests this Honorable Court terminate alimony. Date: liobq Respectfully submitted, e Adams, Esquire 7 W. South St. Carlisle, Pa. 17013 (717) 245-8508 I.D. No. 79465 Attorney for Defendant VERIFICATION I verify that the statements made in this PETITION are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: q/ orrest F. Craig, e ioner ~ INCOME WITHHOLDING FOR SUPPORT O ORIGINAL INCOME WITHHOLDING ORDER/NOTICE FOR SUPPORT (mvo) O AMswosoxwo O ONE-TIMEORDER/NOTICE FOR LUMP SUM PAYMENT @} TERMINATION OF IWO D�] \�J'\-7/ 7~/'/'���»' '/ 0�� -^J�~/)= �� `� /\Ui( v� 10/22/14 O ChiId Suport Enforcement (CSE) Agency Z Court Ommrney 0 Private Individual/Entity (Check One) NOTE: This IWO must be regularonUsfaoe Urider certain circumstances you must reject this IWO and return it to the sender(see IWO instructions htty:Vvmww.aof.hho mo/cmo/formo/0MB'O87O'O154 instructions.df). If you receive this document from someone other than a State or Tribal CSE agency or a Court, a copy of the underlying order must be attached. State/Tribe/Territory Commonwealth of Pennsylvania Private Individual/Entit CUMBERLAND Remittance Identifier (include w/payment): 9230012e Order Identifier: for order/docket informafion) CSE Agency Case Identifier: (See Addendum for case summary) YORK HOSPITAL C/O WELLSPAN FINANCE POBOX 2787 YORK PA 17405-2767 Empioyer/income Withholders FEIN 231352222 Child(ren)'s Name(s) (Last, First, Middle) Child(ren)'s Birth Date(s) RE: CRAIG, FORREST F. Employee/Obligor's Name (Last, First, Middle) 191-46-7389 Employee/Obligor's Social Security Number (See Addendum for plaintiff names associated with cases on attachment) Custodial Party/Obiigees Name (Last, First, Middle) NOTE: This IWO must be regular on its face. Under certain circumstarices you must this IWO and return it to the sender (see IWO instructions htto:xw°ww.amhhogov/pmgramotvonnnms/ OwB'0970'0154_inst,vchvnoodf).Vyou receive this document from someonother than a State or Tribal CSE agenor a Court, a copy of the underlying order must be attached. 2313522220 q Cz> See Addendum for dependent names and birth dates associated with cases on attachment. z -n CZ) ��-7 I ORDER INFORMATION: This document is based on the support or withholding order from CUK4 Commonwealth of Pennsylvania be). You are required by law to deduct these amounts f e isznpl '�_ L." '�_ obligors income until further notice. r - <o ��� 0.00 per month |ncurrent chUd support..._>c-) 0 .00 per month in past -due child support - Arrears 12 weeks or greater? 0 ye :.-?...- -_-_- 0l0p�m�hin�na�c�hm�i�|��� �~�� '^� -� > 0.00 in past -due . medical support no nu 0.00 per month in current spousal support 0.00 per month in past -due spousal support 0.00 per month in other (must specify) for a Total Amount to Withhold of $ 0.00 per month. AMOUNTS TO WITHHOLD: You do not have to vary your pay cycle to be in compliance with the Order Information. If your pay cycle does not match the ordered payment cycle, withhold one of the following amount: � 0.00 per weekly pay period. 0.00 per semimonthly pay period (twice a month) 8 0.00 per biweekly pay period (every two weeks) $ 0.00 per monthly pay period. � Lump Sum Payment: Do not stop any existing IWO unless you receive a termination order. REMITTANCE INFORMATION: If the employee/obligor's principal place of employment is within the Commonwealth of Pennsylvania (State/Tribe), you must begin withholding no later than the first pay period that occurs ten (10) workinq days after the date of this Order/Notice. Send payment within seven (7) working days of the pay date. If you cannot withhold the full amount of support for any or all orders for this employee/obligor, withhold up to 55% of disposable income for all orders. If the employee/obligor's principal place of employment is not within the Commonwealth of Pennsylvania (State/Tribe), the employer can obtain withholding |imiteUons. time requiremento, and any allowable employer fees at http://wvm*.ocf.hha.gov/onogromm/coo/newhire/emp|oyar/contaotm/contoot map. b.trn for the employee/obligors principal place of employment. Document Tracking Identifier OMB No,: 0970-0154 Service Type MWorker ID $1ATT Form EN -028 11/13 Return to Sender [Completed by Employer/Income Withholder]. Payment must be directed to an SDU in accordance with 42 USC §666(b)(5) and (b)(6) or Tribal Payee (see Payments to SDU below). If payment is not directed to an SDUfTribal Payee or this IWO is not regular on its face, you must check this box and return the IWO to the sender. Signature of Judge/Issuing Official (if required by State or Tribal law): Print Name of Judge/Issuing Official: M.L. Ebert. Jr Title of Judge/Issuing Official: rt r. = Date of Signature: OCT 2 3 2014 If the employee/obligor works in a State or for a Tribe that is different from the State or Tribe that issued this order, a copy of this IWO must.be provided to the employee/obligor. ❑ If checked, the employer/income withholder must provide a copy of this form to the employee/obligor. ADDITIONAL INFORMATION FOR EMPLOYERS/INCOME WITHHOLDERS Pennsylvania law (23 PA C.S. § 4374(b)) requires remittance by an electronic payment method if an employer is ordered to withhold income from more than one employee and employs 15 or more persons, or if an employer has a history of two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 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/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. State -specific contact and withholding information can be found on the Federal Employer Services website located at: http://www.acf.hhs.gov/programs/cse/newhire/employer/contacts/contact map.htm Priority: Withholding for support has priority over any other legal prodess under State law against the same income (USC 42 §666(b)(7)). If a Federal tax levy is in effect, please notify the sender. Combining Payments: When remitting payments to an SDU or Tribal CSE agency, you may combine withheld amounts from more than one employee/obligor's income in a single payment. You must, however, separately identify each employee/ obligor's portion of the:payment. Payments To SDU: You must send child support payments payable by income withholding to the appropriate SDU or to a Tribal CSE agency. If this IWO instructs you to send a payment to an entity other than an SDU (e.g., payable to the custodial party, court, or attorney), you must check the box above and return this notice to the sender. Exception: If this IWO was sent by a Court, Attorney, or Private Individual/Entity and the initial order was entered before January 1, 1994 or the order was issued by a Tribal CSE agency, you must follow the "Remit payment to" instructions on this form. Reporting the Pay Date: You must report the pay date when sending the payment. The pay date is the date on which the amount was withheld from the employee/obligor's wages. You must comply with the law of the State (or Tribal law if applicable) of the employee/obligor's principal place of employment regarding time periods within which you must implement, the withholding and forward the support payments. Multiple IWOs: If there is more than one IWO against this employee/obligor and you are unable to fully honor all IWOs due to Federal, State, or Tribal withholding limits, you must honor all IWOs to the greatest extent possible, giving priority to current support before payment of any past -due support. Follow the State or Tribal law/procedure of the employee/obligor's principal place of employment to determine the appropriate allocation method. Lump Sum Payments: You may be required to notify a State or Tribal CSE agency of upcoming lump sum payments to this employee/obligor such as bonuses, commissions, or severance pay. Contact the sender to determine if you are required to report and/or withhold lump sum payments. Liability: If you have any doubts about the validity of this IWO, contact the sender. If you fail to withhold income from the employee/obligor's income as the IWO directs, you are liable for both the accumulated amount you should have withheld and any penalties set by State or Tribal law/procedure. Anti -discrimination: You are subject to a fine determined under State or Tribal law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against an employee/obligor because of this IWO. OMB Expiration Date — 05/31/2014. The OMB Expiration Date has no bearing on the termination date of the IWO; it identifies the version of the form currently in use. Form EN -028 11/13 Service Type M Page 2 of 3 Worker ID $IATT i Employer's Name: YORK HOSPITAL Employer FEIN: 231352222 Employee/Obligor's Name: CRAIG, FORREST F. 9230101295 CSE Agency Case Identifier: (See Addendum for case summary) Order Identifier: (See Addendum for order/docket information) Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) (15 U.S.C. 1673(b)); or 2) the amounts allowed by the State or Tribe of the employee/obligor's principal place of employment (see REMITTANCE INFORMATION). Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; statutory pension contributions; and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family. However, those limits increase 5% - to 55% and 65% - if the arrears are greater than 12 weeks. If permitted by the State or Tribe, you may deduct a fee for administrative costs. The combined support amount and fee may not exceed the limit indicated in this section. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers/income withholders who receive a State IWO, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer/income withholder is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State or Tribal law, you may need to also consider the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. Arrears greater than 12 weeks? If the Order Information does not indicate that the arrears are greater than 12 weeks, then the Employer should calculate the CCPA limit using the lower percentage. Additional Information: NOTIFICATION OF EMPLOYMENT TERMINATION OR INCOME STATUS: If this employee/obligor never worked for you or you are no longer withholding income for this employee/obligor, an employer must promptly notify the CSE agency and/or the sender by returning this form to the address listed in the Contact Information below: 2313522220 Q This person has never worked for this employer nor received periodic income. 0 This person no longer works for this employer nor receives periodic income. Please provide the following information for the employee/obligor: Termination date: Last known phone number: Last known address: Final Payment Date To SDU/Tribal Payee: Final Payment Amount: New Employer's Name: New Employer's Address: CONTACT INFORMATION: To Employer/Income Withholder: If you have any questions, contact WAGE ATTACHMENT UNIT (Issuer name) by phone at (717) 240-6225, by fax at (717) 240-6248, by email or website at: www.childsupport.state.pa.us. Send termination/income status notice and other correspondence to: DOMESTIC RELATIONS SECTION, 13 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA. 17013 (Issuer address). To Employee/Obligor: If the employee/obligor has questions, contact WAGE ATTACHMENT UNIT (Issuer name) by phone at (717) 240-6225, by fax at (717) 240-6248, by email or website at www.childsuoport.state.pa.us. IMPORTANT: The person completing this form is advised that the information may be shared with the employee/obligor. OMB No.: 0970-0154 Service Type M Page 3 of 3 Form EN -028 11 /13 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: CRAIG, FORREST F. PACSES Case Number 939106171 Plaintiff Name PATRICE D. CRAIG Docket Attachment Amount 2003-402 CV $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number PACSES Case Number Plaintiff Name Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number PACSES Case Number Plaintiff Name Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Service Type M Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Addendum OMB No.; 0970-0154 Form EN -028 11/13 Worker ID $IATT PATRICE D. CRAIG, Plaintiff v. FORREST F. CRAIG, Defendant !LEO-Of-FICE: CF HE PR8THQN°4TAi, '1' 2014OCT 23 AM 8: ?I CUMBERLAND COUNTY PENNSYLVANIA Comp of @Cumberlanb IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT 2003- 402 CIVIL TERM IN RE: PETITION TO TERMINATE ALIMONY ORDER OF COURT AND NOW, this 22"d day of October 2014, upon consideration of Defendant's Petition to Terminate Alimony, a RULE is issued upon Plaintiff to show cause the requested relief should not be granted. DEFENDANT shall effectuate service of this Order of Court upon Plaintiff and shall file proof of service. Plaintiff SHALL include a proposed Order with any response. RULE RETURNABLE twenty (20) days from the date of service. BY THE COURT Thomas A. Placey C.P.J. DJstribution List: trice D. Craig ane Adams, Esq. ,y. Keith O. Brenneman, Esquire Snelbaker & Brenneman, P.C. 44 West Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff Patrice D. Craig THE THONO FAR `y' 2014 OCT 3D fl 12: 21 CUMBERLAND CCU PENNSYLVANIA Y PATRICE D. CRAIG, v. FORREST F. CRAIG, Plaintiff Defendant TO: Forrest F. Craig, Defendant and Jame Adams, Esquire 17 W. South Street Carlisle, PA 17013 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2003 — 402 CIVIL TERM : CIVIL ACTION — LAW : IN DIVORCE NOTICE TO PLEAD You are hereby notified that you have twenty (20) days in which to plead to the enclosed New Matter or a Default Judgment may be entered against you. Date: October 30, 2014 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. SNELBAKER & BRENNEMAN, P. C. By: Keith O. Brenneman, Esquire 44 West Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff Patrice D. Craig LAW OFFICES SNELBAKER & BRENNEMAN, P.C. Keith O. Brenneman, Esquire Snelbaker & Brenneman, P.C. 44 West Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorney ID No. 47077 Attorneys for Plaintiff Patrice D. Craig PATRICE D. CRAIG, Plaintiff v. FORREST F. CRAIG, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2003 — 402 CIVIL TERM : CIVIL ACTION — LAW : IN DIVORCE ANSWER WITH NEW MATTER TO PETITION TO TERMINATE ALIMONY Plaintiff Patrice D. Craig, by her attorneys, Snelbaker & Brenneman, P. C. submits this Answer With New Matter to Petition to Terminate Alimony as follows: 1. Admitted upon information and belief. 2. Admitted. 3. Admitted with the qualification that the Marriage Settlement Agreement of 2006 being in writing, speaks for itself. 4. Denied. On the contrary, the parties' Marriage Settlement Agreement provided the following with respect to modification of alimony and the termination of alimony: Alimony shall be modifiable upon a substantial change in circumstances and shall continue for an indefinite term. All alimony to be paid under this Agreement shall be terminate under either party's death, the recipient's remarriage LAW OFFICES SNELBAKER & BRENNEMAN, P.C. or the recipient's cohabitation with a person of the opposite sex. 5. Admitted with the qualification that Defendant has been paying alimony since the parties' divorce. 6. Admitted in part; denied in part. It is admitted that Defendant is asking for termination of alimony as noted in his Petition. With respect to paragraphs (a) through (d), Plaintiff responds as follows: (a) Although it is admitted that Defendant is 60 years of age, after reasonable investigation, Plaintiff lacks sufficient information to form a belief as to a medical condition or serious health condition Defendant is suffering from or that any such condition has caused Defendant to retire in September 2014; accordingly, such allegations are denied and strict proof thereof demanded. (b) Denied. Plaintiff is without sufficient information to form a belief as to the truth of the averments contained in Paragraph 6(b) of Defendant's Petition; therefore, same are denied. (c) Denied. It is denied that Wife has independent financial resources in order to support herself; on the contrary, Plaintiff relies on the alimony paid by Defendant in order to support herself. (d) Denied. It is denied that Plaintiff purchased a home in 2008 jointly with another individual. On the contrary, Plaintiff owns the property at 713 South Market Street, Mechanicsburg as a joint tenant with another individual, which property is used for commercial purposes. Plaintiff is the sole owner of 715 Market Street, Mechanicsburg, which property is used as her residence. It is -2- LAW OFFICES SNELBAKER & BRENNEMAN, P.C. denied that Plaintiff has been co-habitating in her residence at any time with a person of the opposite sex. 7. Admitted. 8. Admitted. 9. It is admitted that Paragraph 9 sets forth Defendant's request; it is denied that such relief should be granted. WHEREFORE, Plaintiff requests this Court to deny Defendant's Petition to either terminate or modify Defendant's alimony obligation. NEW MATTER 10. It is believed that Defendant has other assets or sources of income from which his alimony obligation can be paid. 11. Plaintiff lacks independent financial resources and is unable to support herself. 12. Plaintiff has never co-habitated since the time of her divorce with any person of the opposite sex. 13. Plaintiff has health issues that prevent her from doing certain work which she had performed in the past. 14. There is no basis by which alimony should be terminated pursuant to the terms of the parties' Marriage Settlement Agreement. 15. Plaintiff has not remarried, neither party to this action has died and Plaintiff has not co-habitated with a person of the opposite sex. -3- WHEREFORE, Plaintiff requests this Court to deny Defendant's Petition to either terminate or modify Defendant's alimony obligation. Date: October 30, 2014 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. SNELBAKER & BRENNEMAN, P.C. By: 1 Keith O. Brenneman, Esquire 44 West Main Street Mechanicsburg, PA 17055-0318 (717) 697-8528 Attorneys for Plaintiff Patrice D. Craig -4- VERIFICATION I verify that the statements made in the foregoing Answer With New Matter 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: October 30, 2014 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. 6----,,;; Patrice D. Craig CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date, caused a true and correct copy of the foregoing' Answer With New Matter to be served upon the person and in the manner indicated below: FIRST CLASS MAIL, POSTAGE PREPAID, ADDRESSED AS FOLLOWS: Date: October 30, 2014 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. Jane Adams, Esquire 17 W. South Street Carlisle, PA 17013 SNELBAKER & BRENNEMAN, P.C. By: Keith O. Brenneman, Esquire 44 W. Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717)697-8528 Attorneys for Plaintiff Patrice D. Craig ;LED- iii_. � r r I 1 .! Plata E ��� v �i � � J 2014 DEC -S PM 3: 35 PATRICE D. CRACI'd1BERLAND COUNT 'PENNSYLVANIA Plaintiff v. Ctountp of tnmbertonb IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT FORREST F. CRAIG, Defendant 2003- 402 CIVIL TERM IN RE: PLAINTIFF'S NEW MATTER ORDER OF COURT AND NOW, this 8th day of December 2014, upon consideration Plaintiff's New Matter, a RULE is issued upon Plaintiff to show cause the requested relief should not be granted. PLAINTIFF shall effectuate service of this Order of Court upon Defendant and shall file proof of service. Defendant SHALL include a proposed Order with any response. The Prothonotary is DIRECTED to deliver the file upon the filing of any response to this Order with the Court. Furthermore, a HEARING on the Petition to Terminate Alimony and Plaintiffs New Matter shall be held on 23 January 2015 at 11:00 a.m. in Courtroom Number Six of the Cumberland County Courthouse. RULE RETURNABLE twenty (20) days from the date of service. BY THE COURT, Thomas A. Placey C.P.J. tribution List: with O. Brenneman, Esq. —Jane Adams, Esq; ES /12.44, 1serk...) ��- g//Y LAW OFFICES SNELBAKER & BRENNEMAN, P.C. Keith O. Brenneman, Esquire Snelbaker & Brenneman, P.C. 44 West Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorney ID No. 47077 Attorneys for Plaintiff Patrice D. Craig ?t61'i DEC 16 PM 1. 22 C!l1BERLA•s1U CDUHTY PENNSYLVANIA, PATRICE D. CRAIG, Plaintiff v. FORREST F. CRAIG, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2003 — 402 CIVIL TERM : CIVIL ACTION — LAW : IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA : SS. COUNTY OF CUMBERLAND I, KEITH O. BRENNEMAN, Esquire, being duly sworn according to law depose and say: that on December 15, 2014 Plaintiff, through her undersigned counsel, did effectuate service of the Court's Order dated December 8, 2014 upon Defendant by mailing a copy of same to Defendant's attorney of record, Jane Adams, Esquire, by first class mail, postage prepaid. A true and correct copy of the letter serving the Court's Order of December 8, 2014 upon Defendant's attorney is attached hereto and incorporated by reference herein as "Exhibit A". Date: December 15, 2014 Sworn to and subscribed before me this 15th day of December, 2014. Notary Public Keith O. Brenneman, Esquire COMMONWEALTH OF PENNSYLVANIA Notarial Seal Susan L. Matrazi, Notary Public Mechanicsburg Boro, Cumberland County My Commission Expires Nov. 24, 2015 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES SNELBAKER 8 BRENNEMAN, P.C. A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 44 WEST MAIN STREET MECHANICSBURG, PENNSYLVANIA 17055 KEITH O. BRENNEMAN P. O. BOX 318 RICHARD C. SNELBAKER- OF COUNSEL Jane Adams, Esquire 17 West South Street Carlisle, PA 17013 717-697-8528 FACSIMILE (717) 697-7681 December 15, 2014 Re: Craig v. Craig No. 2003-402, C.C.P., Cumberland County Dear Ms. Adams: Enclosed please find a copy of the Order issued by Judge Placey which, among other things, schedules a hearing in the above matter to take place on January 23, 2015 at 11:00 o'clock a.m. It appears that there is an error in the Order since it issues a Rule upon the Plaintiff, Patrice D. Craig, to show cause why the relief requested should not be granted. This Order was issued as a result of the New Matter I filed on behalf of Patrice. I believe that the Rule should be issued upon your client to show cause. Please give me a call to discuss this matter. KOB/sm CC: Patrice Craig Yours truly, Keith O. Brenneman EXHIBIT A PATRICE D. CRAIG, V. E Pr` t T HC;t-iu L015 JAN -5 PtI 1: 22 : IN THE COURT OF Ci)1 r' •tt Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2003 - 402 Civil Term FORREST F. CRAIG, : CIVIL ACTION - LAW Defendant : IN DIVORCE ANSWER TO PLAINTIFF'S NEW MATTER AND NOW COMES, Defendant Forrest F. Craig, by and through his Attorney, Jane Adams, Esquire, and hereby responds to Plaintiff's New Matter, which was filed in response to Defendant/Petitioner's request to terminate alimony, and in support thereof, hereby avers as follows: 1. Defendant does have retirement and investment assets, some of which are post -marital and some which are set aside for his retirement, and he denies that he should have to pay Plaintiff alimony from such funds. 2. Defendant has no knowledge as to Plaintiffs personal independent financial resources or her ability to support herself. The parties were divorced in 2006 and he has paid alimony in the amount of $1600 per month since that time. 3. Plaintiff has remained in a relationship with her paramour since the time of the parties divorce, a period of at least approximately ten (10) years. Defendant is aware of facts which would reasonably lead him to believe that Plaintiff is cohabitating with her paramour due to her long-term extensive daily contact with him, and joint purchase of real estate. 4. Defendant has no knowledge of Plaintiffs health issues. Strict proof is demanded. 5. Denied; the agreement between the parties provided that alimony was modifiable upon "a substantial change of circumstances" and said alimony would also terminate upon Wife's cohabitation. There has been a substantial change of circumstances in Husband's health, employment, and income as well as in Wife's living circumstances. 6. It is admitted that neither party has remarried or died. Defendant has knowledge of facts, such as Plaintiffs co -ownership of real property with her paramour as joint tenants with right of survivorship, which reasonably have led him to believe that she is co-habitating and living in a relationship like husband and wife with her boyfriend of over ten (10) years. WHEREFORE Defendant Husband requests this Honorable Court terminate alimony. Respectfully submitted, Date: \\\\ By: Adams, Esquire . South St. rlisle, Pa. 17013 17) 245-8508 I.D. No. 79465 Attorney for Defendant Forrest F. Craig CERTIFICATE OF SERVICE AND NOW, this January 5, 2015, I, Jane Adams, Attorney for Forrest F. Craig, Defendant, in the above -captioned matter, hereby certify that a copy of this ANSWER has been forwarded to the following parties, via first class mail, addressed to: Keith Brenneman, Esquire 44 W. Main Street Mechanicsburg, Pa. 17055 ATTORNEY PLAINTIFF Date: Adams, Esquire No. 79465 W. South St. arlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR DEFENDANT