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HomeMy WebLinkAbout07-1287Sandra L. Meilton, Esquire DALEY ZUCKER MEITLON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 smeilton(&dzmmglaw. corn IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONNA KAY PEDERSEN, Plaintiff V. THOMAS SCOTT PEDERSEN, Defendant No. 200 - 7- J z F 7 t...? CIVIL ACTION - LAW 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 of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, High and Hanover Street, Carlisle, Pennsylvania. 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 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 DALEY ZUCKER MEILTON MINER & GINGRICH, LLC Date: - By: Sandra L. Meilton, Esquire Supreme Court ID # 32551 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Attorney for Plaintiff Sandra L. Wilton, Esquire DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Smeilton@dzmmglaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONNA KAY PEDERSEN, Plaintiff V. THOMAS SCOTT PEDERSEN, Defendant No. 2007- F 7 -7-,e,,,, CIVIL ACTION - LAW IN DIVORCE COMPLAINT UNDER SECTION 3301(c) or 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Donna Kay Pedersen, who currently resides at 9 Todd Road, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Thomas Scott Pedersen, who currently resides at 3109 N. Front Street, Harrisburg, Dauphin County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on October 14, 1989 at Carlisle, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available and that plaintiff may have the right to request that the court requires the parties to participate in counseling. 8. The causes of action and section of Divorce Code under which Plaintiff is proceeding are: A. Section 3301(c). The marriage of the parties is irretrievably broken. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an Affidavit. B. Section 3301(d). The marriage of the parties is irretrievably broken. The Plaintiff and Defendant separated on or about August 6, 2006. COUNT II: CLAIM FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER THE DIVORCE CODE Plaintiff and Defendant are the joint owners as tenants by the entireties of real estate which is subject to equitable distribution by this court. 2. Plaintiff and Defendant are the owners of various items of personal property, furniture and household furnishings acquired during their marriage which are subject to equitable distribution by this court. Plaintiff and Defendant are the owners of various motor vehicles, bank accounts insurance policies and retirement benefits acquired during their marriage which are subject to equitable distribution by this court. COUNT III CLAIM FOR ALIMONY UNDER THE DIVORCE CODE 1. Plaintiff has inadequate means of support for herself except as provided for by Defendant. 2. Plaintiff is unemployed and home schools the parties' children. Defendant is self-employed as an attorney earning annual gross income in excess of $60,000.00. COUNT IV CLAIM FOR ALIMONY PENDENTE LITE, COUNSEL FEES AND EXPENSES UNDER THE DIVORCE CODE 1. Plaintiff does not have sufficient funds to support herself and pay counsel fees and expenses incidental to this action. 2. Defendant is full well and able to pay Plaintiff Alimony, Alimony Pendente Lite, counsel fees and expenses incidental to this divorce action. WHEREFORE, Plaintiff requests this Honorable Court enter a Decree in Divorce from the bonds of matrimony; equitably distribute all property owned by the parties hereto; direct the Defendant to pay Alimony to the Plaintiff; direct the Defendant to pay Alimony Pendente Lite and Plaintiff's counsel fees and the cost of this proceeding; and grant such further relief as the Court may determine equitable and just. Respectfully submitted, DALEY ZUCKER MEILTON MINER & GINGRICH, LLC Date: 3" S By: Sandra L. Meilton, Es uire Supreme Court ID #32551 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Attorney for Plaintiff VERIFICATION I, Donna Kay Pedersen, verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. Date:`" 5 07 I Donna Kay Pedersen, Pla tiff CERTIFICATE OF SERVICE I, Jennifer L. Carl, Paralegal, hereby certify that on this 48 day of )ID Z, M , 2007, a certified copy of the Complaint in Divorce was placed in the United States Mail, Certified, Restricted Delivery, Postage Pre-paid, addressed as follows: Thomas Scott Pedersen 3109 N. Front Street Harrisburg, PA 17110 Defendant Respectfully submitted, DALEY ZUCKER MEILTON MINER & GINGRICH, LLC By: (je fer L. a , P egfal 1 29 9 Scenery Drive Harrisburg, Pennsylvania 17109 (717) 657-4795 N (7 r O d W r © ? T ?;s l oi ) ^{? t r 1 ? ? Steven Howell, Esquire Howell Law Firm 619 Bridge Street New Cumberland, PA 17070 (717) 770-1277 Supreme Court ID 62063 Attorney for Defendant DONNA K. PEDERSEN, Plaintiff VS. THOMAS S. PEDERSEN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007 - 1287 CIVIL TERM CIVIL ACTION - LAW DIVORCE AND CUSTODY ANSWER WITH COUNTERCLAIM FOR CUSTODY ANSWER 1 - 8. Pursuant to Pa. R.C.P. 1920.14, an Answer to allegations of an action for divorce is not required and such allegations are deemed denied by operation of law. COUNT II: EQUITABLE DISTRIBUTION 1. ADMITTED. 2. ADMITTED. 3. ADMITTED. COUNT III: ALIMONY 1. DENIED. Plaintiff could easily obtain employment as a teacher and does have the means to support herself during the pendency of the divorce and thereafter. Plaintiff holds a Pennsylvania certification and has a master's degree in education. 2. DENIED. Plaintiff is currently employed part time and could easily obtain full time employment. A 3. DENIED AS STATED. Defendant is self employed and is a licensed attorney, however, the bulk of his work concerns title insurance. It is expressly DENIED that Defendant's annual gross income exceeds $60,000.00 at this time. COUNT IV: ALIMONY PENDENTE LITE, COUNSEL FEES AND EXPENSES 1. DENIED. Plaintiff is capable of full time employment and paying for her own counsel fees and expenses. 2. DENIED. Defendant's financial circumstances do not permit him to pay alimony, alimony pendent lite, counsel fees or expenses. COUNT V: CUSTODY 1. The Petitioner is Thomas S. Pedersen, an adult individual residing at 3109 North Front Street, Dauphin County, Pennsylvania 17110. 2. The Respondent is Donna K. Pedersen, an adult individual residing at 9 Todd Drive, Carlisle, Cumberland County, Pennsylvania 17013. Plaintiff and Defendant were married on October 14, 1989. 4. Petitioner seeks shared legal and physical custody of KATHRYN R. PEDERSEN (DOB 2/27/96), THOMAS C. PEDERSEN (DOB 7/28/97) and ALEXANDER S. PEDERSEN (DOB 3/9/00). 5. The children have resided at the following addresses on and off again for the last several years: a. 9 Todd Drive, Carlisle, Pennsylvania 17013; and b. 3109 North Front Street, Harrisburg, 17110. 6. The Mother of the children is Plaintiff Donna K. Pedersen. 7. The Father of the children is Defendant Thomas S. Pedersen. 8. The relationship of the Defendant to the children is that of Father. 9. The relationship of the Plaintiff to the children is that of Mother. 10. Petitioner has not participated as a party or witness or in any other capacity in other litigation concerning the custody of the children in this or another court. 11. Petitioner has no information of a custody proceeding concerning the children pending in another court of this Commonwealth. 12. Petitioner does not know of a person not a party to the proceeding that has physical custody of the children or who claims to have custody or visitation rights to the children. 13. The best interest and permanent welfare of the children will be served by granting the relief requested because: a. Father and Mother have shared all aspects of parenting the children; b. Father does not seek to disturb the daily activities of the children or their schooling; and Mother's proposed custody schedule is chaotic and unworkable and the children will benefit by having a shared physical custody arrangement. 14. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. 15. The best interests of the children will be served by granting the requested relief. WHEREFORE, Father seeks an Order granting him shared legal and physical custody of the children. Respectfully submitted, By: Date: March 27, 2007 619 tsnage atreet New Cumberland, PA 17070 Supreme Court ID 62063 Attorney for Plaintiff VERIFICATION I/we verify that the statements made in the foregoing document are true and correct. I/we understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unworn falsification to authorities. BY: / Thomas S. Pedersen Date: ;-10- 3l0.7 . .? CERTIFICATE OF SERVICE I hereby certify that on the date set forth below a true and correct copy of the foregoing document was served upon the persons and in the manner indicated below which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure Service upon the Opposing Counsel by First Class, Postage Prepaid US, Mail Sandra L. Meilton, Esquire Daley, Zucker, Meilton, Miner & Gingrich 1029 Scenery Drive Harrisburg, PA 17108 Date: March 27, 2007 O ' ` _ 49. ) `? / J V _-r; 1. ^[? -4Z tq :,o " 1 r : DONNA K. PEDERSEN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 07-1287 CIVIL ACTION LAW THOMAS S. PEDERSEN IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Monday, April 02, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, April 24, 2007 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ jacqueline M. Verney, Esg_ Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites 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. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 0"v iw -V- `?v -c-P 9 /'?""N "'? co- r h 0- if-/I vl!N VIA- ]Hi JO j. DONNA K. PEDERSEN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 07-1287 CIVIL TERM THOMAS S. PEDERSEN, Defendant DIVORCE AND CUSTODY WITHDRAW OF APPEARANCE Kindly withdraw my appearance on behalf of the Plaintiff, DONNA K. PEDERSEN, in the above-captioned matter. DALEY ZUCKER MEILTON MINER & GINGRICH Sandra L. Meilton, Esquire 1029 Scenery Drive Harrisburg, PA 17109 717-657-4795 ENTRY OF APPEARANCE Kindly enter my appearance on behalf of the Plaintiff, DONNA K. PEDERSEN, in the above-captioned matter. SAIDIS, FLOWER & LINDSAY SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA Carol J. Lindsay, squire Supreme C No. 44693 26 West High Street Carlisle, PA 17013 717-243-6222 Dated: c 1/7/(7 ? M. CERTIFICATE OF SERVICE On this 'A' pO- day of I , 2007, I, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, FLOWER & LINDS , hereby certify that on this date a copy of the attached document was served on the following individual, via first class mail, postage prepaid, addressed as follows: Steven Howell, Esquire 619 Bridge Street New Cumberland, PA 17070 SAIDIS, FLOWER & LINDSAY Carol J. Linds re Supreme Cou No. 44693 26 West High Street Carlisle, PA 17013 717-243-6222 SAIDIS, MQVMR & LINDSAY ATIOMEM 26 West High Street Carlisle, PA N p tv DONNA K. PEDERSEN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 07-1287 CIVIL TERM THOMAS S. PEDERSEN, Defendant DIVORCE AND CUSTODY PETITION FOR EMERGENCY RELIEF AND NOW, comes, DONNA K. PEDERSEN, Plaintiff above, by and through her counsel, Saidis, Flower & Lindsay and petitions this Honorable Court as follows: 1. The parties hereto are husband and wife having been joined in marriage on October 14, 1989. 2. The parties separated in August 2006. 3. Since separation, Respondent, Thomas Scott Pedersen, has been coming to the marital home to visit with the parties' children. He has filed a Complaint for Custody and the conciliation on that issue is scheduled for May 1, 2007. 4. During his visits, from time to time, Respondent has removed items from the marital home and Petitioner has made no objection as the items he took were items she considered to be his. 5. On or about April 13, 2007, Respondent rifled through Petitioner's bureau SAIDIS, FLOWER & LPP DSAY nrro?.,v uw 26 West High Street Carlisle, PA drawers and removed therefrom all of her jewelry of any value including her engagement ring, a diamond wrap, diamond earrings, two diamond pendants, her pearls and a ruby and diamond bangle. 6. Since the parties' separation, Respondent has failed or refused to pay the mortgage on the marital home, collected rent for but not paid the mortgages on two rental properties and has not abided by an agreement through counsel to provide $2,000.00 per month for support of the Petitioner and the parties' three children. One of the rental properties is the subject of a Complaint in Foreclosure. 7. Petitioner believes and therefore avers that it is Respondent's intention to liquidate all marital assets, including her jewelry, for his own purposes. 8. Although counsel for Respondent has agreed on Respondent's behalf to sell the two rental properties in an attempt to avoid foreclosure, no affirmative steps have been taken by Respondent in this regard. 9. Petitioner believes and therefore avers that without an Order of Court, Respondent will dissipate all marital assets and she seeks the return of her jewelry, pending equitable distribution. 10. Respondent is represented by Steven Howell, Esquire who has been provided a copy of this Petition in advance of its filing and who does not agree with the relief requested. WHEREFORE, Petitioner prays this Honorable Court to issue an Order on Respondent to show cause why he should not be required to promptly list the two rental properties for sale, to return to Petitioner her jewelry pending equitable distribution, to leave at the marital home all items presently there pending an agreement of the parties or further Order of Court and to refrain from dissipating, alienating, spending, encumbering or otherwise invading any marital asset pending equitable distribution. Respectfully submitted, SAIDIS, FLOWER & LINDSAY SAIDIS, FLOWER &t L DS" 26 West High Street Carlisle, PA Carol J. Lind y 'Esquire Supreme C D No. 44693 26 West High Street Carlisle, PA 17013 717-243-6222 Dated: lf26-07 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsifications to authorities. Donna K. Pedersen Date: 4N U SAIDIS, FLOWER & L.LNDS" >aW 26 West High Street Carlisle, PA CERTIFICATE OF SERVICE On this 7,t7 day of April, 2007, I, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, FLOWER & LINDSAY, hereby certify that on this date a copy of the attached document was served on the following individual, via first class mail, postage prepaid, addressed as follows: Steven Howell, Esquire 619 Bridge Street New Cumberland, PA 17070 SAIDIS, FLOWER & LINDSAY CaroTJ. Lindsay Es uire o. 44693 Supreme Cou ?reet 26 West High Carlisle, PA 17013 717-243-6222 SAIDIS, FLOWER & LINDSAY nrroereisnruw 2G West High Street Carlisle, PA C) ? p CV ? -ri "77 tT? X? c-n C ) „ CSI Co "+[ DONNA K. PEDERSEN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 07-1287 CIVIL TERM THOMAS S. PEDERSEN, Defendant DIVORCE AND CUSTODY ORDER OF COURT w AND NOW, this J..5f? day of o r r- l , 2007, upon consideration of the within Petition, it is hereby ordered and directed that a Rule is issued upon Respondent Thomas Scott Pedersen to show cause why he should not be required to provide the relief Petitioner seeks. Rule returnable at a hearing set for the a r)d day of , 2007 in Courtroom of the Courthouse in Carlisle, Pennsylvania atTl? o'clock &M. Pending the hearing, neither party shall sell or dispose of any item of property, marital or nonmarital, and shall refrain from dissipating any marital asset or invading it pending further Order of this Court without the written agreement of both pa ies or their counsel. THss nPP ? Lcc? ??vc h ?-, c? c0.,ACC.C . BY THE COURT, SAIDIS, FIAWER & LINDSAY AnOW4M AT•IAW 26 West High Street Carlisle, PA ? Cl- h- ° V N MAY 0S2WA DONNA K. PEDERSEN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2007 -1287 CIVIL ACTION - LAW THOMAS S. PEDERSEN, : Defendant DIVORCE AND CUSTODY ORDER OF COURT AND NOW, this 9A day of 1/l/f 2007 it is hereby ORDERED that: 1. The Mother, Donna K. Pedersen and the Father, Thomas S. Pedersen, shall have shared legal custody of Kathryn R. Pedersen, born February 27, 1996, Thomas C. Pedersen, born July 28, 1997, Alexander S. Pedersen, March 9, 2000. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to medical, dental, religious or school records, the residence address of the child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 2. Mother and Father shall share primary physical custody of THOMAS C. PEDERSEN and ALEXANDER S. PEDERSEN. The parties shall share alternating weeks from Monday at 8:30 AM to the next Monday at 8:30 AM during the school year (1St day of school through last schedule day of classes). The party enjoying physical custody will ensure that the children arrive and are picked up at their school. a. Pending further Order of Court the children shall attend school and participate in extracurricular activities in South Middleton School District. This paragraph is not meant to exclude other activities such as ballet and boy scouts. l'C :Z N'd 8- AM LQOZ .?; ' 33Nl d0 b. During the school year, the non-custodial parent shall have the children from dismissal at school on Wednesdays through the return of the children to school on Thursday mornings. Up through May 31, 2007 it is agreed that Mother shall continue with the home schooling protocol for Alexander and Father shall drop Alexander off at his Mother's home at 8:30 AM during his custodial weeks. Up through May 31, 2007, Father shall pick up Alexander at his Mother's home at 3:15 PM during his custodial weeks. C. During the summer, the Wednesday visits will commence at 8:30 AM. and end on Thursday at 8:30 AM. d. This Order shall take effect on May 7, 2007 which shall be considered Father's first custodial week to be followed by Mother's period of partial custody on Wednesday, May 9, 2007. 3. Mother shall have primary physical custody of KATHRYN R. PEDERSEN with the child being in Father's physical custody on the same weekends as THOMAS C. PEDERSEN and ALEXANDER S. PEDERSEN. During times when KATHRYN R. PEDERSEN is not participating in Central Pennsylvania Youth Ballet or ballet classes and practices, then she shall be subject to the alternating weekly schedule set forth in Paragraph 2 of this Order. 4. Aside from the holiday schedule, in 2007 each party shall be entitled to two (2) ten (10) day vacations with thirty (30) days advance notice to other parent. This period shall not be consecutive to any other regularly scheduled period of partial physical custody. The holiday schedule shall take priority over a vacation period. Each parent is entitled to one (1) ten (10) day vacation with all three children during the month of August when Kathryn is not otherwise involved in ballet. Neither parent may remove Kathryn from ballet to exercise this vacation provision. 5. Effective immediately, the parties' exchange site shall be relocated to their respective primary residences unless school is in session in which case the school shall be the exchange site. This provision is expressly drafted to permit either party to bring a friend, family member or companion in their vehicle when entering the parking lot of the other party's primary residence. Any party or companion shall remain in the party's vehicle during the exchange. 6. Unless otherwise designated, the exchange times during the summer or vacations shall be Mondays at 6:00 PM. The party starting his/her period of physical custody shall go to the primary residence of the other party to pick up the child if school is not in session. 7. The parties shall abide by the following holiday schedule with holidays alternating as set forth below: Holiday Year Party Easter 2007 Mother Memorial Day 2007 Father July 4th 2007 Mother Labor Day 2007 Father Thanksgiving 2007 Mother Christmas "A" 2007 Father Christmas "B" 2007 Mother New Year's Eve/Day 2007-08 Mother a. Easter shall be defined as 5:00 PM on Good Friday to 9:00 PM on the Monday following Easter Sunday. b. Memorial Day, July 4th and Labor Day shall be defined as 9:00 AM to the start of school the next day or 6:00 PM in the event school is not in session. In the event one of these holidays falls immediately after a party's designated weekend, then the party having the weekend shall retain the child through Monday at 6:00 PM. c. Thanksgiving is defined as dismissal from school on Wednesday immediately prior to the holiday through 6:00 PM on Monday following the holiday. d. Christmas Segment "A" is defined as Noon on December 24th through 2:00 PM on December 25th (14 hours). After the youngest child attains the age of ten (10) on March 9, 2010 the Christmas holiday shall be defined as Noon on December 24th through Noon on December 261H Under this Order Christmas "A" is with Father in 2007 and 2009 while it is with Mother in 2008. e. Christmas Segment "B" is defined as 2:00 PM on December 25th through 4:00 PM on December 26th (14 hours). After the youngest child attains the age of ten (10) on March 9, 2010 the Christmas holiday shall be defined as Noon on December 24th through Noon on December 26th. Under this Order Christmas "B" is with Father in 2008 while it is with Mother in 2007 and 2009. f. Christmas Segments "A" and "B" shall be used until Alexander is 10 years old. On the Christmas following his 10th birthday, Christmas shall be defined as 12:00 noon on Christmas Eve to December 26 at 12:00 noon. The parties shall alternate this Christmas schedule from year to year. g. New Year's Eve/Day shall be defined as Noon on December 31St through 9:00 AM on January 2"d (if no school) or the start of the school day. h. The holiday schedule shall take priority over any other scheduled period of time. 8. Mother shall enjoy Mother's Day from Noon on the Saturday before the holiday to the start of school on the Monday following the holiday. 9. Father shall enjoy Father's Day from Noon on the Saturday before the holiday to 6:00 PM on the Monday following the holiday. 10. Both parties shall enjoy reasonable telephone contact with the child while in the care of the other parent. The parties shall not call their sons after 8:30 PM or their daughter after 9:30 PM. 11. Neither party shall consume alcohol or any controlled substance to the point of intoxication while the child is in their care, custody and control. 12. Neither party nor persons under their control shall make any remarks in the presence of the child which may estrange the child from or injure the opinion of the child as to the other party or the family of the other natural parent. 13. If a party removes the child overnight from Dauphin County or Cumberland County he/she shall notify the other parent in advance of the child's location and a telephone number at which he/she may be reached in an emergency. 14. The parties shall not utilize the children to carry messages. Communications between the parents shall be by telephone and e-mail. All e-mails shall enable the return receipt feature so the sender knows the e-mail has been read by the recipient. 15. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Another Custody Conciliation Conference is scheduled for Jul 3, 2007 at 8:30 a.m. before the Conciliator at the Cumberland County Courthouse, 4t Floor, Carlisle, Pennsylvania 17013. This conference may be cancelled my mutual agreement of the parties and/or counsel. BY THE COURT: J. cX of Lindsay, Esquire, Counsel for Mother aeven Howell, Esquire, Counsel for Father J DONNA K. PEDERSEN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007-1287 CIVIL ACTION - LAW THOMAS S. PEDERSEN, Defendant : IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr., J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Kathryn R. Pedersen February 27, 1996 Mother Thomas C. Pedersen July 28, 1997 Mother Alexander S. Pedersen March 9, 2000 Mother 2. A Conciliation Conference was held in this matter on May 1, 2007, with the following in attendance: The Mother, Donna K. Pedersen, with her counsel, Carol J. Lindsay, Esquire, and the Father, Thomas S. Pedersen, with his counsel, Steven Howell, Esquire. The parties agreed to an Order in the form as attached. -5?, '2, -61-7 - /? ?? Date acq ine M. Verney, Esquire Custody Conciliator Steven Howell, Esquire Howell Law Firm 619 Bridge Street New Cumberland, PA 17070 (717) 770-1277 Supreme Court ID 62063 Attorney for Defendant DONNA K. PEDERSEN, Plaintiff VS. THOMAS S. PEDERSEN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007 - 1287 CIVIL TERM CIVIL ACTION - LAW DIVORCE AND CUSTODY PETITION FOR SANCTIONS AGAINST PLAINTIFF 1. On May 7, 2007 the parties entered into an agreement memorialized in a Court Order attached hereto as Exhibit "A". 2. This Order clearly stated that Defendant Thomas Pedersen was entitled to a ten (10) day vacation which "shall not be consecutive to any other regularly scheduled period of partial physical custody. " See 14 of 5n107 Order. 3. Defendant Pedersen and the parties' boys (ages 9 and 7) are at the moment this Petition is being drafted en route to a house on Lake Ontario for vacation. 4. On June 8, 2007 the Plaintiff filed a Petition for Emergency Relief and Contempt of Court. A copy of this Petition was faxed at 1:34 PM on Thursday, June 7, 2007 to Defendant's counsel with notice that it would be "walked through" the courthouse at 9:00 AM on Friday, June 8, 2007. 5. This Petition for Emergency Relief is defective on its face and constitutes vexatious and frivolous conduct for the following reasons. 6. The Order precludes Mr. Pedersen from starting his ten (10) day vacation at the end of his regularly periods of physical custody. This is why the Order states that a vacation "shall not be consecutive" to any regularly scheduled time. 7. Under the normal rotation schedule in the Order, Mrs. Pedersen had the children from Wednesday, June 6th at 8:30 AM to Thursday, June 7th at the conclusion of the school day (one child is home schooled). See 12 b of 5/7/07 Order. 8. Mr. Pedersen is entitled to a vacation of ten (10) days after Mrs. Pedersen's period of partial custody ended at Noon on June 7th (last day of school). 9. Ten (10) twenty four (24) hour days commencing at Noon on June 7th ends at Noon on June 17, 2007. 10. The end of the ten (10) day vacation at Noon on June 17th happens to coincide with Father's Day Weekend. 11. Under Paragraph 9 of the 5/7/07 Order Mr. Pedersen has physical custody of the children from "Noon on the Saturday before the holiday to 6:00 PM on the Monday following the holiday" for Father's Day. 12. In effect, Mrs. Pedersen has filed a Petition for Contempt when Mr. Pedersen's first day of vacation is not consecutive to any other period of custody and his ten (10) day vacation ends at Noon on June 17'' which happens to coincide with his regular period of custody for Father's Day weekend. Father's Day weekend is defined from Noon on June 17th through 6:00 PM on Monday, June 18tH 13. This Honorable Court can sanction the Plaintiff in accordance with 42 Pa. C.S.A. §2503 for conduct which is obdurate, vexatious and dilatory. "Dilatory" is defined as "tending or having the intent to delay" while "vexatious" is "lacking justification and intended to harass" and "obdurate" as "resistant to persuasion or softening influences, inflexible, unyielding." Boyer v Hicks, 19 D. & C. 3d 300 at 305 (1981). A court may require a party to pay another party's counsel fees if that party's conduct was "dilatory, obdurate, or vexatious". Brenkle v Arblaster, 320 Pa. Super. 87, 466 A.2d 1075 at 1078 (1983). 14. In addition, 42 Pa. C.S.A. §2503 (9) has been interpreted to permit the recovery of counsel fees due to a "party's conduct in raising defenses" during litigation. White v. Redevelopment Authority, 69 Pa. Commw. 307, 451 A.2d 17 at 20 (1982). Counsel fees may also be jointly and severally assessed against a party's attorney of record under the holding of In re Estate ofLiscio, 432 Pa. Super. 440, 638 A.2d 1019,1022-1023 (1994), appeal denied, 539 Pa. 679, 652 A.2d 1324 (1995). Since §102 of the Judicial Code defines "participant" as "litigants, witnesses and their counsel" and a "party" as "include[ing] counsel for such a person" the Judicial Code permits the award of counsel fees against a party's attorney under 42 Pa. C.S.A. §2503. 15. In this matter, Plaintiff and her counsel filed a pleading knowing: (a) that the ten (10) day vacation from Noon on June 7th through Noon on June 17th was expressly permitted under the Order since the first day of vacation was not consecutive to "any other regularly scheduled period of partial custody" for Mr. Pedersen; and (b) the end of the ten (10) day vacation on June 17th coincides with the start of Mr. Pedersen's Father's Day Weekend which is defined as "Noon on the Saturday before the holiday [June 17th) to 6:00 PM on the Monday following the holiday [June 18th] 16. Plaintiff and her counsel should be jointly and severally responsible for Mr. Pedersen's legal fees calculated at $250.00 per hour with a minimum sanction of $1,000.00 which represents four (4) hours of time to review and respond to the frivolous Petition as well as appearing on June 8th for a "non-emergency". 17. The Honorable J. Wesley Oler has been previously assigned to this matter. 18. A copy of this Petition was faxed to opposing counsel with a request to concur. If this Petition is filed on June 8th it should be assumed opposing counsel did not concur with the requested relief. Respectfully submitted, BY: H ell Law Firm 19 Bridge Street New Cumberland, PA 17070 (717) 770-1277 Supreme Court ID 62063 Attorney for Defendant CERTIFICATE OF SERVICE I hereby certify that on the date set forth below a true and correct copy of the foregoing document was served upon the persons and in the manner indicated below which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure Service upon the Opposing Counsel by First Class, Postage Prepaid U.S. Mail Carol Lindsey, Esquire (Via Fax 243-6486) Saidis, Flower & Lindsey 26 West High Street Carlisle, PA 17013 B Date: June 7, 2007 VERIFICATION I/we verify that the statements made in the foregoing document are true and correct. I/we understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. This Verification is made upon information received from his client and/or others and is necessary since he was en route to Lake Ontario when the Plaintiff's filing was reviewed. BY: June 7, 2007 MAY o 2 7007 d? DONNA K. PEDERSEN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2007 -1287 CIVIL ACTION -LAW THOMAS S. PEDERSEN, : Defendant DIVORCE AND CUSTODY ORDER OF CO AND NOW, this M day of T 2007 it is hereby ORDERED that: 1. The Mother, Donna K. Pederse'h and the Father, Thomas S. Pedersen, shall have shared legal custody of Kathryn R. Pedersen, born February 27, 1996, Thomas C. Pedersen, born July 28, 1997, Alexander S. Pedersen, March 9, 2000. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to medical, dental, religious or school records, the residence address of the child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 2. Mother and Father shall share primary physical custody of THOMAS C. PEDERSEN and ALEXANDER S. PEDERSEN. The parties shall share alternating weeks from Monday at 8:30 AM to the next Monday at 8:30 AM during the school year (1 S` day of school through last schedule day of classes). The party enjoying physical custody will ensure that the children arrive and are picked up at their school. a. Pending further Order of Court the children shall attend school and participate in extracurricular activities in South Middleton School District. This paragraph is not meant to exclude other activities such as ballet and boy scouts. g EXHIBIT b. During the school year, the non-custodial parent shall have,the children from dismissal at school on Wednesdays through the return of the children to school on Thursday mornings. Up through May 31, 2007 it is agreed that Mother shall continue with the home schooling protocol for Alexander and Father shall drop Alexander off at his Mother's home at 8:30 AM during his custodial weeks. Up through May 31, 2007, Father shall pick up Alexander at his Mother's home at 3:15 PM during his custodial weeks. C. During the summer, the Wednesday visits will commence at 8:30 AM. and end on Thursday at 8:30 AM. d. This Order shall take effect on May 7, 2007 which shall be,considered Father's first custodial week to be followed by Mother's period of partial custody on Wednesday, May 9, 2007. 3. Mother shall have primary physical custody of KATHRYN R. PEDERSEN with the child being in Father's physical custody on the same weekends as THOMAS C. PEDERSEN and ALEXANDER S. PEDERSEN. During times when KATHRYN R. PEDERSEN is not participating in Central Pennsylvania Youth Ballet or ballet classes and practices, then she shall be subject to the alternating weekly schedule set forth in Paragraph 2 of this Order. 4. Aside from the holiday schedule, in 2007 each party shall be entitled to two (2) ten (10) day vacations with thirty (30) days advance notice to other parent. This period shall not be consecutive to any other regularly scheduled period of partial physical custody. The holiday schedule shall take priority over a vacation period. Each parent is entitled to one (1) ten (10) day vacation with all three children during the month of August when Kathryn is not otherwise involved in Mallet. Neither parent may remove Kathryn from ballet to exercise this vacation provision. 5. Effective immediately, the parties' exchange site shall be relocated to their respective primary residences unless school is in session in which case the school shall be the exchange site. This provision is expressly drafted to permit either party to bring a friend, family member or companion in their vehicle when entering the parking lot of the other party's primary residence. Any party or companion shall remain in the party's vehicle during the exchange. 6. Unless otherwise designated, the exchange times during the summer or vacations shall be Mondays at 6:00 PM. The party starting his/her period of physical custody shall go to the primary residence of the other party to pick up the child if school is not in session. 7. The parties shall abide by the following holiday schedule with holidays alternating as set forth below: Holiday Year Party Easter 2007 Mother Memorial Day 2007 Father July 4th 2007 Mother Labor Day 2007 Father Thanksgiving 2007 Mother Christmas "A" 2007 Father Christmas "B" 2007 Mother New Year's Eve/Day 2007-08 Mother a. Easter shall be defined as 5:00 PM on Good Friday to 9:00 PM on the Monday following Easter Sunday. b. Memorial Day, July 4th and Labor Day shall be defined as 9:00 AM to the start of school the next day or 6:00 PM in the event school is not in session. In the event one of these holidays falls immediately after a party's designated weekend, then the party having the weekend shall retain the child through Monday at 6:00 PM. c. Thanksgiving is defined as dismissal from school on Wednesday immediately prior to the holiday through 6:00 PM on Monday following the holiday. d. Christmas Segment "A" is defined as Noon on December 24th through 2:00 PM on December 251h (14 hours). After the youngest child attains the age of ten (10) on March 9, 2010 the Christmas holiday shall be defined as Noon on December 24th through Noon on December 261H Under this Order Christmas "A" is with Father in 2007 and 2009 while it is with Mother in 2008. Christmas Segment "B" is defined as 2:00 PM on December 25th through 4:00 PM on December 26th (14 hours). After the youngest child attains the age of ten (10) on March 9, 2010 the Christmas holiday shall be defined as Noon on December 24th through Noon on December 26`h. Under this Order Christmas "B" is with Father in 2008 while it is with Mother in 2007 and 2009. f. Christmas Segments "A" and "B" shall be used until Alexatider is 1 C years old. On the Christmas following his 10th birthday, Christmas shall be defined as 12:00 noon on Christmas Eve to December 26 at 12:00 noon. The parties shall alternate this Christmas schedule from year to year. g. New Year's Eve/Day shall be defined as Noon on December 31s' through 9:00 AM on January 2"d (if no school) or the start of the school day. h. The holiday schedule shall take priority over any other scheduled period of time. 8. Mother shall enjoy Mother's Day from Noon on the Saturday before the holiday to the start of school on the Monday following the holiday. 9. Father shall enjoy Father's Day from Noon on the Saturday before the holiday to 6:00 PM on the Monday following the holiday. 10. Both parties shall enjoy reasonable telephone contact with the child while in the care of the other parent. The parties shall not call their sons after 8:30 PM or their daughter after 9:30 PM. 11. Neither party shall consume alcohol or any controlled substance to the point of intoxication while the child is in their care, custody and control. 12. Neither party nor persons under their control shall make any remarks in the presence of the child which may estrange the child from or injure the opinion of the child as to the other party or the family of the other natural parent. 13. If a party removes the child overnight from Dauphin County or Cumberland County he/she shall notify the other parent in advance of the child's location and a telephone number at which he/she may be reached in an emergency. 14. The parties shall not utilize the children to carry messages. Communications between the parents shall be by telephone and e-mail. All e-mails shall enable the return receipt feature so the sender knows the e-mail has been read by the recipient. 15. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Another Custody Conciliation Conference is scheduled for Jul 3, 2007 at 8:30 a.m. before the Conciliator at the Cumberland County Courthouse, 4` Floor, Carlisle, Pennsylvania 17013. This conference may be cancelled my mutual agreement of the parties and/or counsel. / BY THE COURT: cc: Carol Lindsay, Esquire, Counsel for Mother Steven Howell, Esquire, Counsel for Father Wesley Oler, Jr., RAF ??fi*??s ? Te tirrr:, !1 t i Vclt' Aj ...,.. J. 4 1 J RECORD 'o set my hand 111,,de, Pa, , r DONNA K. PEDERSEN, : IN THE COURT OF COMMON,PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007-1287 CIVIL ACTION - LAW THOMAS S. PEDERSEN, Defendant : IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr., J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Kathryn R. Pedersen February 27, 1996 Mother Thomas C. Pedersen July 28, 1997 Mother Alexander S. Pedersen March 9, 2000 Mother 2. A Conciliation Conference was held in this matter on May 1, 2007, with the following in attendance: The Mother, Donna K. Pedersen, with her counsel, Carol J. Lindsay, Esquire, and the Father, Thomas S. Pedersen, with his counsel, Steven Howell, Esquire. 3. The parties agreed to an Order in the form as attached. S, 2 Date acq ine M. Verney, Esquire Custody Conciliator r-zo o CK) c Ir1 :? c n DONNA K. PEDERSEN, Plaintiff V. THOMAS S. PEDERSEN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-1287 CIVIL TERM DIVORCE AND CUSTODY PETITION FOR EMERGENCY RELIEF AND CONTEMPT OF COURT AND NOW, comes, DONNA K. PEDERSEN, Plaintiff above, by and through her counsel, Saidis, Flower & Lindsay and petitions this Honorable Court as follows: 1. The parties hereto are the parents of three children, Thomas E. Pedersen, born July 28, 1997, Alexander S. Pedersen, born March 9, 2000, and Katherine Pederson, born February 27, 1996. 2. Custody of said children is shared pursuant to the Court's Order of May 7, 2007, according to the terms of which, the parties alternate weeks of custody with each party reserving an overnight on Wednesday in the week of the other parent. 3. Pursuant to paragraph 4 of the Court's Order, each party is entitled to "two ten day vacations with thirty days advance notice to the other parent." However, "this period shall not be consecutive to any other regularly scheduled period of partial physical custody." 4. On May 8, 2007, Respondent provided notice of his intention to take two ten SAMIS FLOWER '& LINDS" 26 West High Street Carlisle, PA day vacations in the summer of 2007. In that notice, Respondent averred that he would be taking the children for a vacation from June 8 through June 18 and August 16 through August 26. A copy of the email from Respondent is attached hereto as Exhibit "B". 5. The week of June 11 through June 18 is Petitioner's week of custody as is the week of August 20 through 27. 6. On May 11, 2007, Petitioner emailed Respondent reminding him that he scheduled his vacation over her week of custody in violation of that portion of the Order which requires a vacation period not to "be consecutive to any other regularly scheduled period of partial physical custody." A copy of Petitioner's response is attached hereto as a part of Exhibit "B". 7. On June 1, 2007, having received no response from Respondent, Petitioner again emailed him that the week he had set aside for vacation was consecutive to his own week of custody and therefore in violation of the parties' Order. Petitioner received no response to her June 1 email. 8. On May 24, 2007, counsel for Petitioner faxed to Respondent's counsel a letter pointing out that in June and August, Respondent was planning his vacation in contravention of the Court Order. Counsel have been unable to resolve the matter. 9. If Respondent is permitted to take vacation during the week of June 11 through 18, Petitioner will not have custody of her children for a period of three weeks, with the exception of the Wednesday overnights permitted by the Court Order. This result contravenes the alternating week custodial pattern and violates paragraph 4 of the Court's Order of May 7, 2004. 10. Respondent is represented by Steven Howell, Esquire. He has received a SAIDIS, FLOWER & LINDSAY ATMFMF.AT uw 26 West High Street Carlisle, PA copy of this Petition and has been advised that it will be presented to the Court on Thursday, June 7, 2007. Mr. Howell does not agree with the purpose of the Petition. 10. Judge Oler has previously been assigned to this case. WHEREFORE, Petitioner prays this Honorable Court to enter an Order prohibiting Respondent from taking the children during Plaintiffs period of custody from June 11, 2007 through June 18, 2007 subject to Respondent's right to exercise custody of the children for Father's Day. Respectfully submitted, SAIDIS, FLOWER & LINDSAY Carol J. Lindsay Es uire Supreme Cou ID o. 44693 26 West High et Carlisle, PA 17013 717-243-6222 Dated: 61-71t2 7 SAIDIS, FWWER & LINDSAY ATToWWWATuw 26 West High Street Carlisle, PA MAY 0 $ 20011 p? DONNA K. PEDERSEN, Plaintiff VS. THOMAS S. PEDERSEN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007 1287 CIVIL ACTION - LAW DIVORCE AND CUSTODY ORDER,OF COURT AND NOW, this A day that: 2007 it is hereby ORDERED 1. The Mother, Donna K. Peders f and the Father, Thomas S. Pedersen, shall have shared legal custody of Kathryn R. Pedersen, born February 27, 1996, Thomas C. Pedersen, born July 28, 1997, Alexander S. Pedersen, March 9, 2000. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to medical, dental, religious or school records, the residence address of the child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and-evaluations with regard -to the minor children. ,Each parent shalt-be entitled to full- - - - and complete information from any physician, derttist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 2. Mother and Father shall share primary physical custody of THOMAS C. PEDERSEN and ALEXANDER S. PEDERSEN. The parties shall share alternating weeks from Monday at 8:30 AM to the next Monday at 8:30 AM during the school year (1St day of school through last schedule day of classes). The party enjoying physical custody will ensure that the children arrive and are picked up at their school. a. Pending further Order of Court the children shall attend school and participate in extracurricular activities in South Middleton School District. This paragraph is not meant to exclude other activities such as ballet and boy scouts. Al: b. During the school year, the non-custodial parent shall have the children from dismissal at school on Wednesdays through the return of the children to school on Thursday mornings. Up through May 31, 2007 it is agreed that Mother shall continue with the home schooling protocol for Alexander and Father shall drop Alexander off at his Mother's home at 8:30 AM during his custodial weeks. Up through May 31, 2007, Father shall pick up Alexander at his Mother's home at 3:15 PM during his custodial weeks. C. During the summer, the Wednesday visits will commence at 8:30 AM. and end on Thursday at 8:30 AM. d. This Order shall take effect on May 7, 2007 which shall be considered Father's first custodial week to be followed by Mother's period of partial custody on Wednesday, May 9, 2007. 3. Mother shall have primary physical custody of KATHRYN R. PEDERSEN with the child being in Father's physical custody on the same weekends as THOMAS C. PEDERSEN and ALEXANDER S. PEDERSEN. During times when KATHRYN R. PEDERSEN is not participating in Central Pennsylvania Youth Ballet or ballet classes and practices, then she shall be subject to the alternating weekly schedule set forth in Paragraph 2 of this Order. 4. Aside from the holiday schedule, in 2007 each party shall be entitled to two (2) ten (10) day vacations with thirty (30) days advance notice to other parent. This period shall not be consecutive to any other regularly scheduled period of partial physical custody. The holiday schedule shall take priority over a vacation period. Each parent is entitled to one (1) ten (10) day vacation with all three children during the month of August when Kathryn is not otherwise involved in ballet. Neither parent may remove Kathryn from ballet to exercise this vacation provision. 5. Effective immediately, the parties' exchange site shall be relocated to their respective primary residences unless school is in session in which case the school shall be the exchange site. This provision is expressly drafted to permit either party to bring a friend, family member or companion in their vehicle when entering the parking lot of the other party's primary residence. Any party or companion shall remain in the party's vehicle during the exchange. 6. Unless otherwise designated, the exchange times during the summer or vacations shall be Mondays at 6:00 PM. The parry starting his/her period of physical custody shall go to the primary residence of the other party to pick up the child if school is not in session. 7. The parties shall abide by the following holiday schedule with holidays alternating as set forth below: . c? Holiday Year Party Easter 2007 Mother Memorial Day 2007 Father July 4th 2007 Mother Labor Day 2007 Father Thanksgiving 2007 Mother Christmas "A" 2007 Father Christmas "B" 2007 Mother New Year's Eve/Day 2007-08 Mother a. Easter shall be defined as 5:00 PM on Good Friday to 9:00 PM on the Monday following Easter Sunday. b. Memorial Day, July 4th and Labor Day shall be defined as 9:00 AM to the start of school the next day or 6:00 PM in the event school is not in session. In the event one of these holidays falls immediately after a party's designated weekend, then the party having the weekend shall retain the child through Monday at 6:00 PM. c. Thanksgiving is defined as dismissal from school on Wednesday immediately prior to the holiday through 6:00 PM on Monday following the holiday. d. Christmas Segment "A" is defined as Noon on December 24th through 2:00 PM on December 25th (14 hours). After the youngest child attains the age of ten (10) on March 9, 2010 the Christmas holiday shall be defined as Noon on December 24th through Noon on December 261H Under this Order Christmas "A" is with Father in 2007 and 2009 while it is with Mother in 2008. e. Christmas Segment "B" is defined as 2:00 PM on December 25th through 4:00 PM on December 26th (14 hours). After the youngest child attains the age of ten (10) on March 9, 2010 the Christmas holiday shall be defined as Noon on December 24th through Noon on December 26th. Under this Order Christmas "B" is with Father in 2008 while it is with Mother in 2007 and 2009. f. Christmas Segments "A" and "B" shall be used until Alexander is 10 years old. On the Christmas following his 10th birthday, Christmas shall be defined as 12:00 noon on Christmas Eve to December 26 at 12:00 noon. The parties shall alternate this Christmas schedule from year to year. g. New Year's Eve/Day shall be defined as Noon on December 31St through 9:00 AM on January 2nd (if no school) or the start of the school day. a. W h. The holiday schedule shall take priority over any other scheduled period of time. 8. Mother shall enjoy Mother's Day from Noon on the Saturday before the holiday to the start of school on the Monday following the holiday. 9. Father shall enjoy Father's Day from Noon on the Saturday before the holiday to 6:00 PM on the Monday following the holiday. 10. Both parties shall enjoy reasonable telephone contact with the child while in the care of the other parent. The parties shall not call their sons after 8:30 PM or their daughter after 9:30 PM. 11. Neither party shall consume alcohol or any controlled substance to the point of intoxication while the child is in their care, custody and control. 12. Neither party nor persons under their control shall make any remarks in the presence of the child which may estrange the child from or injure the opinion of the child as to the other party or the family of the other natural parent. 13. If a party removes the child overnight from Dauphin County or Cumberland County he/she shall notify the other parent in advance of the child's location and a telephone number at which he/she may be reached in an emergency. 14. The parties shall not utilize the children to carry messages. Communications between the parents shall be by telephone and e-mail. All e-mails shall enable the return receipt feature so the sender knows the e-mail has been read by the recipient. 15. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Another Custody Conciliation Conference is scheduled for July 3, 2007 at 8:30 a.m. before the Conciliator at the Cumberland County Courthouse, 4' Floor, Carlisle, Pennsylvania 17013. This conference may be cancelled my mutual agreement of the parties and/or counsel. cc: Carol Lindsay, Esquire, Counsel for Mother Steven Howell, Esquire, Counsel for Father BY THE COU r J. esley Oler, Jr., AiL ?' 11. W-ItA RECORD In T tirr? ;yt my hand an t e sca ale, Pa. DONNA K. PEDERSEN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007-1287 CIVIL ACTION - LAW THOMAS S. PEDERSEN, Defendant : IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr., J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Kathryn R. Pedersen February 27, 1996 Mother Thomas C. Pedersen July 28, 1997 Mother Alexander S. Pedersen March 9, 2000 Mother 2. A Conciliation Conference was held in this matter on May 1, 2007, with the following in attendance: The Mother, Donna K. Pedersen, with her counsel, Carol J. Lindsay, Esquire, and the Father, Thomas S. Pedersen, with his counsel, Steven Howell, Esquire. 3. The parties agreed to an Order in the form as attached. Date acq ine M. Verney, Esquire Custody Conciliator Page 1 of 2 Carol J. Lindsay From: "Donna Pedersen" <dkp.angels@yahoo.com> To: <spedersen@obventio.com> Sent: Friday, May 11, 2007 4:55 PM Subject: Re: notice for Vacation Holiday Schedule Scott, I received the vacation schedule you are proposing for the children this summer. Sorry it has taken me a few days to get back to you. I wasn't sure if I had misunderstood our vacation agreement so I was waiting for a copy of the custody agreement from Carol before responding. You have 11 days scheduled for each time. I believe our ageement says 1.0 days consecutively. Also, "This period shall not be consecutive to any other regularly scheduled period of partial physical custody." I believe you have scheduled the June vacation over my week of 6/11-15. This would mean that you would have them from 6/4-6124 with the exception of the two Wed. eves. on 6/6 and 6/20. Again, in Aug. you have scheduled your vacation over my week with them from 8/20-26th. Again, this would mean. that you would have them from 8/1.3-9/2 with the exception of the two Wed. eves on 8/15 and 8/29. My understanding is that we would take the vacation time over the period which is our regular week plus a few days on either side. Neither of these vacations are within the terms of our agreement. Please reconsider and get back to me with the changes. Donna ----- Original Message ---- From: "spedersen@obventio.com" <spedersen@obventio.com> To: Donna Pedersen <dkp.angels@yahoo.com> Sent: Tuesday, May 8, 2007 1:42:16 PM Subject: notice for Vacation :Holiday Schedule Donna, Here is my notice to you pursuant to our custody order for the two ten day vacations set forth therein. I will look to take the kids, (just the boys since Katie is in Ballet in June) from June 8th through the 18th. I understand that the last day of school is the 7th and would be willing to take them from the 7th through the 17th, If it makes it possible for Katie to come. I will also be looking to take the kids (including Katie) from August 16th through the Page 2 of 2 Scott. 06/05/2007 Page 1 of 1 Carol J. Lindsay From: "Donna Pedersen" <dkp.angels@yahoo.com> To: <spedersen@obventio.com> Sent: Friday, June 01, 2007 2:45 PM Subject: vacation Scott, There seems to be a little confusion regarding the vacation time you requested. Apparantly you think you are asking for vacation time over your own week. Forgive me if i am confused, but I believe you have the children again starting next Mon. 6/4-10th. Then I have them again 6/11- the 16th at noon, which runs into father's day so you would have them on the 16th at noon- the 18th until 6:00 PM. If you are starting your vacation on 6/8 and taking 10 consecutive days that would take my entire week of 6/11-6/17th. You would have them again starting on the 18th for another entire week. Please change your vacation plans to take the children over your own week. I can't imagine that you would want the situation to be reversed where you wouldn't see them for 3 consecutive weeks. It's not what we agreed on. Donna TV dinner still cooling? Check out "Tonight's Picks" on Yahoo! TV. 06/05/2007 Page 1 of I Carol J. Lindsay From: "Donna Pedersen" <dkp.angels@yahoo.com> To: <spedersen@obventio.com> Sent: Monday, June 04, 2007 10:39 AM Subject: kid's vacation I forgot to ask... Did you get my email last week about changing your vacation week? If so, have you looked at the calendar to see who's week you are taking them on? Please let me know what you plan to do. Thanks, D Need a vacation? Get great deals to amazing places on Yahoo! Travel. 06/05/2007 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsifications to authorities. Donna K. Pedersen Date: SAIDIS, FLOWER & LEVDS" .A uW 26 West High Street Carlisle, PA CERTIFICATE OF SERVICE On this 9 day of June, 2007, I, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, FLOWER & LINDSAY, hereby certify that on this date a copy of the attached document was served on the following individual, via first class mail, postage prepaid, addressed as follows: Steven Howell, Esquire 619 Bridge Street New Cumberland, PA 17070 SAIDIS, FLOWER & LINDSAY Carol J.- Linds'gy,,Es trire Supreme Cou o. 44693 26 West High treet Carlisle, PA 17013 717-243-6222 SAIDIS, FLOWER & LINDSAY A W 26 West High Street Carlisle, PA r3 T Ir n DONNA K. PEDERSEN, Plaintiff V. THOMAS S. PEDERSEN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-1287 CIVIL TERM IN DIVORCE PETITION TO COMPEL DISCOVERY AND NOW, comes, DONNA K. PEDERSEN, Plaintiff above, by and through her counsel, Saidis, Flower & Lindsay and petitions this Honorable Court as follows: 1. The parties hereto are husband and wife having been joined in marriage on October 14, 1989. 2. A Complaint in Divorce was filed on or about March 27, 2007. 3. On April 25, 2007, Plaintiffs counsel served on Defendant a Request for Production of Documents - First Set and a set of Interrogatories. A copy of the discovery requests are attached hereto as Exhibit "A". 4. Thirty days have passed and the discovery has not been provided. 5. An extension has been provided to Defendant, but his counsel advises that the SA IDIS, FLOWER & LE14DS Y ATIUMa-MAT6 ?ww 26 West High Street Carlisle, PA discovery has not been given to him. 6. Defendant is represented by Steven Howell, Esquire who does not agree with the relief requested in this Petition. 7. The Honorable J. Wesley Oler, Jr. has been previously assigned to this case. f • T ? WHEREFORE, Petitioner prays this Honorable Court to issue a Rule upon the Respondent to show cause why he should not be ordered to provide the discovery requested on April 25, 2007. Respectfully submitted, SAIDIS, FLOWER & LINDSAY Carol J. Lindsa , squire Supreme Cou I No. 44693 26 West High Street Carlisle, PA 17013 717-243-6222 Dated: FLOWER ? LINDSAY ArroEWW's.AT tww 26 West High Street Carlisle, PA r ? VERIFICATION verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsifications to authorities. Donna K. Pedersen Date: SAMIS, FWWER & LINDSAY nrrox *'YS-AT- 26 West High Street Carlisle, PA CERTIFICATE OF SERVICE On this L$r day of June, 2007, I, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, FLOWER & LINDSAY, hereby certify that on this date a copy of the attached document was served on the following individual, via first class mail, postage prepaid, addressed as follows: Steven Howell, Esquire 619 Bridge Street New Cumberland, PA 17070 SAIDIS, FLOWER & LINDSAY CW6V, r G s squire ?- Supreme ID No. 44693 26 West Street Carlisle, PA 17013 717-243-6222 SAMIN FLOWER & LINDSAY ATIQM%''W-AT 1AW 26 West High Street Carlisle, PA DONNA K. PEDERSEN, Plaintiff V. THOMAS S. PEDERSEN, Defendant To: Thomas S. Pedersen c/o Steven Howell, Esquire 619 Bridge Street New Cumberland, PA 17070 1. INSTRUCTIONS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-1287 CIVIL TERM DIVORCE AND CUSTODY INTERROGATORIES You are directed to submit written answers under oath to each of the following questions, pursuant to Pa. R.C.P. 4005 and 4009. You must make reasonable efforts to obtain answers to any question as to which information may be available to you. If you gain information at some later time which causes you to know that your answers were incorrect when made or have become incorrect, you must supplement the answers you give in response to these questions, as provided in Pa. R.C.P. 4006. If you gain information at some later time respecting the identity of persons about whom a question is asked, you must supplement the answers you give in response to these questions, as provided in Pa. R.C.P. 4006. Within thirty (30) days, you must return the signed original of these interrogatories to SAWN, FLOWER & LINDSAY 26 West High Street Carlisle, PA Defendant's counsel. In answering these questions, assume that all words used have their ordinary meanings in normal English usage, except as provided below or where context requires other interpretation. ? k II. DEFINITIONS "Identify," when used in respect of a person, means to state that person's name, address, telephone number, job classification and such other information as would enable Defendant to locate the person, interview him or her, or serve a subpoena upon him or her. When used in respect of a document, the date of its making or execution, the identity of the person or persons who made or executed it, and the particular part, paragraph, or other subdivision thereof which is particularly relevant to the question; also state the place where it is kept and identify the person in whose custody it may be found, with such specificity as will enable Defendant to obtain the document through the use of a subpoena. When used in respect of a communication, it means to identify the parties to the communication, the means of communication, and the date and time thereof. "Person" means any natural or juridical person, group of persons, or association. "Communication" means any transmission or exchange of information or meaning between two or more persons in any form. "Document" means any writing, recording or other material substance having on it a representation of some information, whether in the form of magnetic impulses, printing, or any other medium in which information may be preserved. Ill. SPECIAL INSTRUCTIONS 1. If you do not answer an interrogatory, in whole or in part, because of a claim SAIDIS, FLowER & LINDSAY ATTORN s a:uw 26 West High Street Carlisle, PA or privilege, set forth the privilege claimed, identify the facts upon which you rely to support the claim of privilege; and identify all documents for which such privilege is claimed. In particular, if you refuse to identify a communication because of a claim of the attorney/client privilege, identify the speaker or author of the communication, the capacity in which the speaker or author was acting when he made the communication; the recipient of the communication, any persons present when the communication was made, and the subject or topics discussed in the communication. ¦ 2. Unless otherwise specified, each interrogatory requires a continuing answer. Each separate part of each interrogatory shall be separately answered. 3. Along with the answer to each numbered interrogatory, identify each person who participated in or supplied information with respect to the preparation of the response to such interrogatory, specifying whether each of such persons supplied relevant information, participated in the preparation of the response, or both. If the response to any interrogatory contains information supplied by more than one person, specify the particular information supplied by each such person. State whether he/she had first-hand information as to the matters contained in your answers, and if so, the manner in which he/she acquired such information, or if not, the basis for his/her participation or involvement. 4. As specified by the Pennsylvania Rules of Civil Procedure, you are required reasonably to supplement or amend your responses to these interrogatories based upon any and all information obtained after filing such responses. IV. SPECIAL INSTRUCTIONS AS TO ORAL COMMUNICATIONS AND WRITTEN COMMUNICATIONS 1. With respect to any interrogatory in which reference is made to this special instruction, set forth with regard to each oral communication the following: A. The name, company or other affiliation, title or other identifying feature of the individual who made the oral communication. B. State the name(s) of each individual to whom such oral communication was SA MILS, ET?OWER Sz LINDSAY AMRNI -Artnw 26 West High Street Carlisle, PA made, including such description of those individuals as to enable Defendant to identify those individuals as to their affiliation, title or responsibility. C. State the date upon which such oral communication was made. D. State the place where such oral communication was made. 1?' 11 . E. State the name and identification of each individual who heard the oral communication if different or in addition to those individuals to whom such oral communication was made. F. State in detail the nature of the words communicated during such oral communication repeating the actual words used to the extent possible and, when not possible, paraphrasing those words. G. State if any individual to whom such oral communication was made, made any statements in response to said communication, and if so, identify such responses in sufficient detail by quoting the precise words used or by otherwise phrasing those words. H. State if said oral communication(s) was/were ever memorialized in any document or set forth a copy of same. 1. If response to any interrogatory refers to a written communication, set forth the following: (a) a copy of such written communication; or (b) a detailed identification of such written document, including at least the following: (i) the date of the document; (ii) the name of the party who wrote the document; (iii) the name of the party to who such documents were sent and the date upon which such documents were sent; SAIDIS, FLOWER & LINDSAY AMRNnS-ATuW 26 West High Street Cathsle, PA (iv) the date upon which such document was received by the recipient; if known; (v) a full description of the contents of the document; (vi) if any response to said document was received and, if so, identify said response in sufficient detail so as to include the same information indicated in the preceding subparts of this instruction. INTERROGATORIES 1. If you are living separate and apart from your spouse, please state what you consider to be the date of separation. ANSWER: SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA 2. State the name and relationship of each person residing with you. ANSWER: a. Is that individual(s) employed? If so, by whom, and state that amount of his/her annual income. b. Does that individual have any other source of income? If so, how much on an annual basis, and from what source. C. Does that individual(s) contribute to the household expenses? ANSWER: SA]DIS, FLOWER & LINDSAY ,a-no?•xruw 26 West High Street Carlisle, PA 3. Are you presently employed? (Full and part-time employment included) ANSWER: A. If your answer is in the affirmative, state fully for each employment: 1. The full name, address and telephone number of your place of employment; 2. The date you commenced your employment; 3. Your job title or position. ANSWER: B. Do you have any written or oral employment contracts with your present employer? ANSWER: SAMIS, FLOWER & LINDSAY J=JU*'YS•AT 1AW 26 West High Street Carlisle, PA 4. Have you received or are you entitled to receive any bonuses during the past three (3) years? If so, state the amount of bonus received or amount you are entitled to receive, and detail when each was received or when you expect to receive the bonus. Summarize the terms of the bonus arrangement, including how the bonus was calculated. ANSWER: SAMIS, LINDSAY 26 West High Street Carlisle, PA 5. Does the business or individual or other entity owe you any money, whether resulting from loan, undistributed profit, dividend or other form of credit, to which you are now entitled or will be entitled in the future? ANSWER: SAIDIS, FLOWER & LINDSAY errosiaM-AT-uw 26 West High Street Carlisle, PA 6. Are you the owner, individually or with others, or any interest in any securities, or in any mutual fund, including but not limited to, stock funds, money market funds, bonds, municipal bond funds, gold funds, etc.? If so, please list the names of said securities or funds. ANSWER: SAIDIS, FLOWER & LINDSAY AMPNM Hr uw 26 West High Street Carlisle, PA 7. Do you own, individually or jointly with another, any certificates of deposit, treasury notes, or other depository receipt of any kind? ANSWER: SAIDIS, FLOWER & LINDSAY fi= NM-AT L?W 26 West High Street Carlisle, PA 8. Do you now or have you at any time since the date of marriage, maintained or had access to a safe deposit box? If so, please detail the contents at the time opened, and the date of separation? ANSWER: SAIDIS, FLOWER & LINDSAY t RNEVS-AT IAW 26 West High Street Carlisle, PA 9. Since the date of marriage, have there been accounts at a savings or commercial banking institution, brokerage firm, or any other type of financial institution, on which your name did not appear but in which you deposited any funds? If so, please designate by account number and name of financial institution, and indicate the name(s) under which the account is listed. ANSWER: SAIDIS, FLOWER & LINDSAY =MM-AT-LAW 26 West High Street Carlisle, PA 10. State whether you have during the past three years made any gift to any person other than your spouse, in cash or in kind, having a value of $500.00 or greater. ANSWER: SA]DIS, ROWER & LINDSAY ATTORNEYS-AT-JAW 26 West High Street Carlisle, PA 11. A. If you have any interest in any qualified or unqualified deferred compensation arrangement or retirement program, including, but not limited to, IRA, Keogh Plan, 401(x) Plan, Savings Plan, annuity benefits, retirement plan, pension plan, profit- sharing plan, stock bonus plan, stock option plan, or thrift plan (excluding social security benefits) with your present employer, or any previous employer, please designate and indicate the name and type of the retirement plan: 6. Have you elected to receive or have you received proceeds from any retirement benefit plan(s) as set forth in 11 (A) above in the period of six months prior to the date of separation, to the present? ANSWER: SAmIS, FLOWER & LINDSAY ATIOR-NEYS&AT uw 26 West High Street Carlisle, PA 12. Have you filed a financial statement or loan application with any lending or credit institution during the past five years? If so, please name the lending or credit institution, and attach all such financial statements or loan applications to your Answers to these Interrogatories, and state the amount, term(s) and purpose(s) of such loan(s). ANSWER: SAMIS, FLOWER & LINDSAY AMRN%'Vs,U:uw 26 West High Street Carlisle, PA 13. List all outstanding debts which you are obligated to pay, having a balance in excess of $300.00 for each debt. ANSWER: SAIDIS, FLOWER & LINDSAY AMRN es AT-IAw 26 West High Street Carlisle, PA 14. Please estimate the current market value of your household contents including, but not limited to, furnishings, personal effects or other personal property (excluding jewelry). ANSWER: SAMIS, FLOWER & LINDSAY nnon14e¢sAT- 26 West High Street Carlisle, PA 15. Do you have an ownership in any furs, gold, diamonds or other precious gems or metals or jewelry, having a value of $300.00 or more for each item? If so, please describe each item and state its current market value. ANSWER: SAIDIS, FLOWER & LINDSAY anon uw 26 West High Street Carlisle, PA 16. Do you receive, or have you received, during the past three (3) years, any gifts, contributions, gratuities, benefits, services, fringe benefits or perquisites from any source, business or otherwise, including family members, for any of the following expenses? Detail the source, the dates and amounts of payments or goods or services and the purpose of the payment or goods or services: A. Living accommodations, including utilities and related expenses; B. Food, household products and sundries; C. Clothing; D. Recreation and entertainment (e.g., club memberships, dues, etc.); E. Vacation or travel; F. Education; G. Automobile or other vehicle; H. Expense account or reimbursement; 1. Company credit cards; J. Use of company facilities (boat, cottage, condominium, etc.); K. Company loans and salary or advance account; L. Company product discounts; M. Life, health, disability or automobile insurance; or N. Other (specify). ANSWER: SAMIS, BLOWER & LENDSM A=RNMr l uw 26 West High Street Carlisle, PA 17. Do you own or have any interest in any property (real or personal), contract right, patent, chose in action, or expectancy of any kind, including an interest or right titled or held in the name of another, not previously identified in your Answers to the preceding Interrogatories? If so, describe in detail the property, contract right, patent, chose in action, or expectancy, and state: A. The identity of the person you share such interest with; B. The date you acquired your interest; C. The value at acquisition; D. Present value and how determined. ANSWER: SAMIS, FLOWER & LEVDSAY AMPNM "-LAW 26 West High Street Carlisle, PA 18. Are you presently, or have you been during the past two years, the beneficiary of any trust? ANSWER: FLOWER ? LINDSAY MTOMMB er uw 26 West High Street Carlisle, PA 19. Please refer to Schedule A (attached hereto). Do you now, or did you at any time within three years before your separation, have any interest in any of the items listed on Schedule A? If so, please so designate by placing an "X" in the parentheses provided next to the items and or each designated item on Schedule A; please provide the information requested on Schedule A immediately below the designated items. Please answer on attached Schedule A. SCHEDULE A EXPLANATION OF TERMS: Date of Acquisition: The date the item was acquired. Please be as specific as possible. Value of Acquisition: The purchase price or value of the item which it was acquired. Separation Value: The value of the times as of the date you can determine to be the date of separation. Current Value: The current and/or present value of the time as of the date of answering these Interrogatories. () A. STOCK OPTIONS 1. Please state the name of the grantor and a description of the option, including the date of acquisition and option price. a) b) C) d) e) 2. Current value of stock. SAIDIS, FIAWER ? LINDSAY ATTORNEYS nrlAW 26 West High Street Carlisle, PA a) b) C) d) e) () B. FINANCIAL INSTITUTIONS, CHECKING ACCOUNTS, SAVINGS ACCOUNTS, ETC. 1. Please state the name of the financial institutions, and addresses thereof, as well as your account number, and the current balance. a) b) C) SAIDIS, FLOWER & LINDSAY ATMRNEYS-AT iAW 26 West High Street Carlisle, PA d) e) 2. Balance of account at the date of separation. a) b) C) d) e) ( ) C. PATENTS, COPYRIGHTS, INVENTIONS, ROYALTIES Are you the owner of, or have you applied for any patents, copyrights, inventions, or royalties? If so, please provide a complete description, including the date granted. ANSWER: ( ) D. LIFE INSURANCE POLICIES 1. Name and address of insurance company and type of policy (ordinary life, term, annuity, etc.) and identifying number. a) b) C) d) e) 2. Face value, and current cash surrender value: a) b) C) d) e) 3. Indicate loans against each policy, including date, amount, and purpose of loan. a) b) d) e) 4. Name of owner and name of insured. a) b) C) d) e) 5. Name, address and relationship, if any, of beneficiary. a) b) C) d) e) 6. Annual premium. a) b) C) d) e) 7. Has your interest in any insurance policy been canceled, allowed to lapse, liquidated or otherwise been terminated in the last five years? ANSWER: 8. Designate any change or transfer of beneficiary designation as to any policy listed in (D) above, over the past five years. ANSWER: () E. INHERITANCES AND EXPECTANCIES (TRUSTS, ESTATES, ETC.) Please state from whom you have received or expect to receive an inheritance and/or expectancy, and in what form (cash, property, etc.) and when you expect to receive same. If part of an Estate or trust, please designate name, address, and telephone number of the Executor, Administrator, or Trustee. Provide a copy of the Will or Trust instrument in which you are names as beneficiary. ANSWER: SA MILS, FLOWER & LINDSM 26 West High Street Carlisle, PA () F. MISCELLANEOUS INVESTMENTS (REAL ESTATE, MINERAL, OIL, GAS, COAL OR OTHER SUCH INVESTMENTS) 1. Please name and/or describe each, and the date of acquisition, and in whose name the assets are listed. a) b) C) d) e) ? s 1 2. Please state the amount of your total investment in each of the above, and amount of any future obligations, and payment dates thereof. a) b) C) d) e) 3. Attach a copy of the prospectus for each such investment. 4. Have any of the investments been challenged by the Internal Revenue Service? If so, which investments, and for which tax years? Attach copies of any notices or correspondence received form the Internal Revenue Service. ANSWER: SAIDIS, FLOWER & LINDSAY Carol J. Lindsfa#, fjsquire Supreme C94rt 9 No. 44693 26 West Hi reet Carlisle, PA 17013 717-243-6222 Dated: SAIDIS, FLOWER & LINDSAY ATMRNM-AT IAW 26 West High Street Carlisle, PA CERTIFICATE OF SERVICE On this 25ti' day of April, 2007, I, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, FLOWER & LINDSAY, hereby certify that on this date a copy of the attached document was served on the following individual, via first class mail, postage prepaid, addressed as follows: Steven Howell, Esquire 619 Bridge Street New Cumberland, PA 17070 SAIDIS, FLOWER & LINDSAY J Carol J. Lindsay, Eq Are,, Supreme Court IDfN . 44693 26 West High Str Carlisle, PA 17013 717-243-6222 SAIDIS, FLOWER & LNDSAY AT-rowNEYs AT- Aw 26 West High Street Carlisle, PA DONNA K. PEDERSEN, Plaintiff V. THOMAS S. PEDERSEN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-1287 CIVIL TERM DIVORCE AND CUSTODY REQUEST FOR PRODUCTION OF DOCUMENTS - FIRST SET SAWIS, "WER & LINDSAY A MW%"ryATUW 26 West High Street Carlisle, PA To: Thomas S. Pedersen c/o Steven Howell, Esquire 619 Bridge Street New Cumberland, PA 17070 PLEASE TAKE NOTICE THAT pursuant to Pa. R.C.P. 4003.3 and 4009, you are required to furnish at our office, on or before thirty (30) days after service hereof, a photostatic copy or like reproduction of the materials concerning this action or its subject matter which are in your possession, custody or control and which are not protected by the attorney/client privilege; or, in the alternative, produce the said matter at said time to permit inspection and copying thereof: 1. A copy of your 2006 U.S. Individual income tax return, or if such a return has not been filed, copies of all W-2s, 1099s or K-1s which will be used in preparation of such return and a copy of the request for an extension for filing. 2. Copies of all returns for any entity in which you have an interest from 2002 through 2006 including, but not limited to, American Home Settlement, LLC, Liberty Settlement Service, Inc., Service First Settlement Agency, LLC, OBVIENTO, Inc., Abstract Settlement, Exchequer and Crown Settlement Agency. Attach to each income tax return all the K-1 s for shareholders or partners. 3. Copies of all partnership agreements for any entity in which you have had an interest from January 1, 2002 through December 31, 2006 including, but not limited to, the entities listed in Request 2 above. 4. All statements for all depository accounts including, but not limited to, checking accounts, savings accounts and money market accounts, in your name individually or in your name with any other person or entity from January 1, 2005 to the present. For each such account, provide the check register for January 1, 2005 to the present. 5. If you claim marital debt, provide documentary evidence of the amount of that debt from August 2006 and presently. 6. Statements for any investment account in which you have an interest, individually or with any other person or entity, from January 1, 2006 to the present. 7. Copies of all settlement sheets for the purchase of any real estate acquired from January 1, 1996 to the present. 8. All correspondence between you and any agent or employee of Old Republic Title Insurance Company from January 1, 2005 to the present. Also provide any notes or agreements which you signed in favor of Old Republic National Title Insurance Company or with Old Republic National Title Insurance Company. SAIDIS, FLOWER & LINDSAY Carol J. Lindsay ' /Es ire Supreme Court "D N . 44693 26 West High Str Carlisle, PA 17013 717-243-6222 Dated: April 25, 2007 FLOWER ? LINDSAY arrotwEWs artaw 26 West High Street Carlisle, PA r CERTIFICATE OF SERVICE On this 25th day of April, 2007, 1, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, FLOWER & LINDSAY, hereby certify that on this date a copy of the attached document was served on the following individual, via first class mail, postage prepaid, addressed as follows: Steven Howell, Esquire 619 Bridge Street New Cumberland, PA 17070 SAIDIS, FLOWER & LINDSAY Carol J. Lindsay, Es e Supreme CourtI o. 44693 26 West High Street Carlisle, PA 17013 717-243-6222 SAWN, FLOWER & LINDSAY ATIORNMAT IAW 26 West High Street Carlisle, PA 7' ` - t o co } fi i? ' 1, DONNA K. PEDERSEN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW THOMAS S. PEDERSEN, : Defendant NO. 07-1287 CIVIL TERM ORDER OF COURT AND NOW, this 13th day of June, 2007, upon consideration of Plaintiff's Petition for Emergency Relief and Contempt of Court, and Defendant's Petition for Sanctions Against Plaintiff, these matters are referred to the custody conciliation process pursuant to C.C.R.P. 1915.12-1, and the Court Administrator is requested to facilitate this referral. BY THE COURT, A aof J. Lindsay, Esq. 26 West High Street Carlisle, PA 17013 Attorney for Plaintiff /even Howell, Esq. 619 Bridge Street New Cumberland, PA 17070 14 Attorney for Defendant Court Administrator :rc :01 V S I LOOZ dQ c-l DONNA K. PEDERSEN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW THOMAS S. PEDERSEN, : Defendant NO. 07-1287 CIVIL TERM ORDER OF COURT AND NOW, this 19th day of June, 2007, upon consideration of Plaintiff's Petition To Compel Discovery, a discovery conference is scheduled for Thursday, June 28, 2007, at 3:30 p.m., in chambers of the undersigned judge. BY THE COURT, J. arol J. Lindsay, Esq. 26 West High Street Carlisle, PA 17013 Attorney for Plaintiff teven Howell, Esq. 619 Bridge Street New Cumberland, PA 17070 Attorney for Defendant :rc t? t^'tl 1',?/ 6 Z :11' 1V 61 !'°-;f' i0Ol :]Hi jo ,y, ;` Valli DONNA K. PEDERSEN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW THOMAS S. PEDERSEN, Defendant 07-1287 CIVIL TERM IN RE: DISCOVERY CONFERENCE ORDER OF COURT AND NOW, this 28th day of June, 2007, upon consideration of Plaintiff's Petition To Compel Discovery, and following a conference held in the chambers of the undersigned judge, in which Plaintiff was represented by Carol J. Lindsay, Esquire, and Defendant was represented by Steven Howell, Esquire, and pursuant to an agreement of counsel, Defendant shall serve upon Plaintiff's counsel on or before July 16, 2007, without objection, responses to Plaintiff's Request for Production of Documents - First Set, and Plaintiff's Interrogatories. j?arol J. Lindsay, Esquire 26 West High Street Carlisle, PA 17013 For Plaintiff teven Howell, Esquire J 619 Bridge Street New Cumberland, PA 17070 For Defendant :mae By the Court, k I U.J 4 CD `:va !( cn y. C\j LIJ 1.L C' ?? MJ JUL 0 5 2007py DONNA K. PEDERSEN, Plaintiff V. THOMAS S. PEDERSEN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2007-1287 : IN CUSTODY ORDER OF COURT CIVIL ACTION - LAW AND NOW, this day of I 'U -1 , 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room No. 1 , of the Cumberland County Court House, on the 2°d day of August, 2007, at9' 3D o'clock, - M., at which time testimony will be taken. For purposes of this Hearing, the Mother shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the prior Order of Court dated May 7, 2007, as amended, shall remain in full force and effect. 3. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. cc: Carol J. Lindsay, Esquire, counsel for NMtl Steven Howell, Esquire, counsel for Father 9. ii-o7 4 BY THE COURT, i f !, r I f no OZ :Z 1,18 o l 7C ZCDZ JUL 0 3 2DD7 DONNA K. PEDERSEN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007-1287 CIVIL ACTION - LAW THOMAS S. PEDERSEN, Defendant : IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr., J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Kathryn R. Pedersen February 27, 1996 Mother Thomas C. Pedersen July 28, 1997 shared Alexander S. Pedersen March 9, 2000 shared 2. A Conciliation Conference was held July 3, 2007 with the following individuals in attendance: The Mother, Donna K. Pedersen, with her counsel, Carol J. Lindsay, Esquire, and the Father, Thomas S. Pedersen, with his counsel, Steven Howell, Esquire. 3. The Honorable J. Wesley Oler, Jr. previously entered an Order of Court dated May 7, 2007 providing for shared legal custody, Mother having primary physical custody of Kathryn R. Pedersen, Father having alternating weekends and the parties having shared physical custody of the other two children week on/week off with the non- custodial parent having Wednesdays overnight. 4. Mother has filed a Petition for Special Relief and Contempt of Court; Father has filed a Petition for Sanctions against Plaintiff. A hearing is scheduled for August 2, 2007. 5. Mother's position for Special Relief and Contempt arises out of paragraph 4 of the Court Order dated May 7, 2007 providing as follows: "...each party shall be entitled to two (2) ten (10) day vacations with thirty (30) days advance notice to other parent. This period shall not be consecutive to any other regularly scheduled period of partial physical custody." Mother's position is that Father took the children on vacation from June 7 to June 20, more than the allowable 10 consecutive days. Father has also advised Mother that he intends to take the children from August 16 to 26, a period of 11 days. Mother seeks to prevent what she views as another violation of the Court Order. Mother opposes the imposition of Sanctions. 6. Father's position on the Petition for Special Relief and Contempt is that the June vacation coincided with Father's Day and that time should not be included in the consecutive language. Father does not believe that the August vacation schedule violates the Order. Father's position on Sanctions is that he is not in violation of the Order of Court and Mother's filing for Special Relief and Contempt was vexatious and frivolous. Father is seeking reimbursement of legal fees at least in the amount of $1,000.00. 7. The Conciliator recommends an Order in the form as attached. 7 - 3 -v -7 Date cq ne M. Verney, Esquire c? Custody Conciliator DONNA K. PEDERSEN, Plaintiff V. THOMAS S. PEDERSEN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-1287 CIVIL TERM DIVORCE AND CUSTODY AMENDED PETITION FOR EMERGENCY RELIEF AND NOW, comes, DONNA K. PEDERSEN, Plaintiff above, by and through her counsel, Saidis, Flower & Lindsay and petitions this Honorable Court as follows: 1. The parties hereto are husband and wife having been joined in marriage on October 14, 1989. 2. The parties separated in August 2006. 3. Since separation, Respondent, Thomas Scott Pedersen, has been coming to the marital home to visit with the parties' children. He has filed a Complaint for Custody and the conciliation on that issue is scheduled for May 1, 2007. 4. During his visits, from time to time, Respondent has removed items from the marital home and Petitioner has made no objection as the items he took were items she considered to be his. 5. On or about April 13, 2007, Respondent rifled through Petitioner's bureau SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA drawers and removed therefrom all of her jewelry of any value including her engagement ring, a diamond wrap, diamond earrings, two diamond pendants, her pearls and a ruby and diamond bangle. 6. Since the parties' separation, Respondent has failed or refused to pay the mortgage on the marital home, collected rent for but not paid the mortgages on two rental properties and has not abided by an agreement through counsel to provide $2,000.00 per month for support of the Petitioner and the parties' three children. One of the rental properties is the subject of a Complaint in Foreclosure. 7. The parties are owners of a fourth property, 3109 North Front Street, Harrisburg, Dauphin County, Pennsylvania, which is Respondent's office and also his home. The building is jointly titled and liened in favor of Pennsylvania State Bank. As of June 4, 2007, the past due amount on the Pennsylvania State Bank mortgage was $5,518.76. A copy of the Notice from Pennsylvania State Bank is attached hereto as Exhibit "A". 8. Petitioner believes and therefore avers that it is Respondent's intention to liquidate all marital assets, including her jewelry, for his own purposes. 9. Although counsel for Respondent has agreed on Respondent's behalf to sell the two rental properties in an attempt to avoid foreclosure, no affirmative steps have been taken by Respondent in this regard. 10. Petitioner believes and therefore avers that without an Order of Court, Respondent will dissipate all marital assets and she seeks the return of her jewelry, pending equitable distribution. 11. Respondent is represented by Steven Howell, Esquire who has been SAIDIS, FLOWER & L NDS" 26 West High Street Carlisle, PA provided a copy of this Petition in advance of its filing and who does not agree with the relief requested. WHEREFORE, Petitioner prays this Honorable Court to issue an Order on Respondent to show cause why he should not be required to promptly list the two rental properties for sale, to return to Petitioner her jewelry pending equitable distribution, to leave at the marital home all items presently there pending an agreement of the parties or further Order of Court and to refrain from dissipating, alienating, spending, encumbering or otherwise invading any marital asset pending equitable distribution. Respectfully submitted, SAIDIS, FLOWER & LINDSAY Carol J. Lindsay, E uire Supreme Cou o. 44693 26 West High Street Carlisle, PA 17013 717-243-6222 Dated: SAIDIS, FLOWER & LINDSAY ATIORT 26 West High Street Carlisle, PA Ad9fthh1bb Pennsylvania State Bank THOMAS S PEDERSEN DONNA K PEDERSEN 9 TODD ROAD CARLISLE, PA 17013 6/04/07 SUBJECT:PAST DUE LOAN #000063000251 PAST DUE DATE: 5/01/07 PAST DUE AMOUNT: $5518.76 Dear Customer, Your loan remains past due for the above referenced payment. Please remit this payment immediately. This is the second notice I have been obliged to send you since you did not respond to the first notice. The importance of paying your payments promptly cannot be over emphasized. I would therefore urge you to either remit the full past due amount or contact me to discuss other arrangements. If your payment has already been remitted, please disregard this notice. Your cooperation is greatly appreciated. incerely,(\?\ Angie rostle 717-73 5715 FEDERAL LAW REQUIRES US TO NOTIFY YOU THAT WE MAY REPORT INFORMATION ABOUT YOUR ACCOUNT TO CREDIT BUREAUS. LATE PAYMENTS, MISSED PAYMENTS, OR OTHER DEFAULTS ON YOUR ACCOUNT MAY BE REFLECTED IN YOUR CREDIT REPORT. VERIFICATION I, Carol J. Lindsay, attorney for Donna K. Pedersen, verify that the statements made in the foregoing document are true and correct and certify that I am authorized to do so, and that the person's having knowledge of matters alleged in this pleadings are outside the jurisdiction of the Court and her Verification cannot be obtained within the time allowed for filing the pleading. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Carol J. Lindsa , E?gsre, Donna K. Pe rsed SAIDIS, FLOWER & LINDSAY A ATM-IA 26 West High Street Carlisle, PA CERTIFICATE OF SERVICE On this ? 3 (-d-- day of July, 2007, I, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, FLOWER & LINDSAY, hereby certify that on this date a copy of the attached document was served on the following individual, via first class mail, postage prepaid, addressed as follows: Steven Howell, Esquire 619 Bridge Street New Cumberland, PA 17070 SAIDIS, FLOWER & LINDSAY C1 arol J. Lindsay, Esquire Supreme Court ID No. 44693 26 West High Street Carlisle, PA 17013 717-243-6222 SAIDIS, FLOWER & LINDSAY ?•uw 26 West High Street Carlisle, PA r-? "' c-a (ti7 <,..._ i:.-.: ? ? 1 T? 7t? - 'afs _ '_ 1 ,J... ?? - w DONNA K. PEDERSEN, Plaintiff V. THOMAS S. PEDERSEN, Defendant IN DIVORCE ANSWER TO DEFENDANT'S PETITION FOR SANCTIONS AGAINST PLAINTIFF 1. Admitted in part and denied in part. The parties entered into an agreement at a conciliation on May 1, 2007. Counsel for Defendant provided to the conciliator a proposed memorialization of that agreement. A copy of the proposal was provided to counsel on the afternoon of May 1, shortly before 4:00 PM. On May 2, the Order, signed by the conciliator, was forwarded to the Court Administrator's office, as evidenced by the Court Administrators' time stamp, and ultimately signed by the Court on May 7, 2007. With regard to summer vacation, the parties' agreement was that each party would have ten days vacation not to be taken consecutively and not to be taken over the other party's week of primary custody. Admitted that Exhibit "A" is the Court Order entered on May 7, 2007. 2. Admitted. 3. After reasonable investigation, Plaintiff is without information sufficient to form a SAMIS, FLOWER & LMDSM ,+tuw 26 West High Street Carlisle, PA belief as to the truth of the averment in paragraph 3. 4. Admitted. 5. Denied that the Petition for Emergency Relief is either defective on its face or constitutes vexatious and frivolous conduct. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-1287 CIVIL TERM 'I 6. Denied. The Court Order says, apropos of the ten day vacation, that it "shall not be consecutive to any other regularly scheduled period of partial physical custody." 7. Admitted. By way of further answer, the week of June 4 through June 11, 2007 was Mr. Pedersen's week of physical custody. 8. Denied. Mr. Pedersen was not entitled to commence his vacation after his week of partial custody pursuant to the Court Order. 9. Admitted. 10. Admitted. 11. Admitted. By way of further answer, Mr. Pedersen did not return the children to Ms. Pedersen on June 18, but rather held them until June 19, the beginning of his next week of primary custody of the children. In essence, even if his argument were accepted that he is entitled to ten days as he took them, he took eleven days and is therefore in contempt of the Court's Order. 12. Denied. Mr. Pedersen took his vacation concurrent to his period of partial custody beginning June 19. 13. Admitted. By way of further answer, it would be error to find Plaintiffs objection to Mr. Pedersen's contemptuous behavior, obdurate, vexatious or dilatory. 14. Admitted. By way of further answer, no improper defenses were made by the SAMIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA undersigned counsel. 15. Denied. The argument set out in paragraph 15 has been made above and answered above. 16. Denied. Any award of attorney's fees would be improper in the captioned case as the Petition for Contempt was properly brought and in light of the economic circumstances of the case. 17. Admitted. 18. Admitted. Respectfully submitted, SAIDIS, FLOWER & LINDSAY (:',a'rol J. Linds y, q§--ire I Supreme Cou ,J2 No. 44693 26 West High Street Carlisle, PA 17013 717-243-6222 SAIDIS, FLOWER & LINDSAY ,T, -M1AW 26 West High Street Carlisle, PA Dated: August 1, 2007 CERTIFICATE OF SERVICE I hereby certify that on the date set forth below a true and correct copy of the foregoing document was served upon the persons and in the manner indicated below which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure. Service upon the Opposing Counsel by First Class, Postage Prepaid U. S. Mail and Facsimile to 717-770-1278. Steven Howell, Esquire 619 Bridge Street New Cumberland, PA 17070 SAIDIS, FLOWER & LINDSAY 'IT Carol J. Lind ?ay, 9gLire Supreme C urt No. 44693 26 West High Street Carlisle, PA 17013 717-243-6222 Dated: August 1, 2007 SAIDIS, FLOWER 4SL LINDSAY 26 West High Street Carlisle, PA Xh. - A C j n A A } DONNA K. PEDERSEN, Plaintiff v THOMAS S. PEDERSEN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 07-1287 CIVIL TERM IN RE: AGREEMENT OF THE PARTIES ORDER OF COURT AND NOW, this 2nd day of August, 2007, upon consideration of the various divorce and custody issues scheduled for a hearing at this time, and pursuant to an agreement reached between the parties in open court with their respective counsel, Carol J. Lindsay, Esquire, on behalf of the Plaintiff, and Steven Howell, Esquire, on behalf of the Defendant, it is ordered and directed as follows: 1. The property located on Front Street in Harrisburg, Pennsylvania, will be brought current by husband as to its mortgage by August 15th, 2007. In the event that husband does not bring it current by August 15th, 2007, the property will be sold pursuant to an agreement of the parties as to the terms. By August 17th husband will provide to wife evidence that the mortgage is current on that property. Thereafter husband will make the mortgage payments on the Front Street property each and every month as they become due in their full amount. 2. The parties agree to authorize Scott Pedersen to have a 60 day exclusive listing contract on their properties at 147 South College Street in Carlisle, and 32 Hope Terrace in Carlisle. Any real estate commission earned on the sale by Mr. Pedersen, who is a real estate agent, will be escrowed. From the proceeds of sale, any costs for his listing and sale up to $500 shall be deemed reasonable, and will be reimbursed to 6C :I! WV c- 5 v Looz 3HI JO 3OL C-Q.31H 4 Mr. Pedersen at the time of final settlement, upon provision of receipts. 3. In the event 147 South College Street does not have a contract for sale pending on October 3rd, 2007, then Jan Verow's listing contract will take effect. That listing contract has already been signed by the parties. 4. In the event 32 Hope Terrace does not have a contract for sale pending on October the 3rd, 2007, then the parties will select another realtor, excluding Jan Verow/Remax, and Mike Adler/Sterling Remax Associates. Within 10 days of this order, Mr. Pedersen will provide a signed listing agreement for Hope Terrace on the same terms as that provided by Jan Verow, effective October 3rd, 2007, including a 25 percent referral fee if he can negotiate one. In the event he cannot, he will provide the signed listing agreement within 10 days with the same terms as the Verow agreement. 5. Scott Pedersen has executed in advance Jan Verow's listing contract. Donna Pedersen will execute in return a listing contract as set forth in paragraph 3 above within 10 days of its provision to her. This listing contract will utilize the same terms as the listing contract prepared by Jan Verow. 6. Paragraph 4 of the Court's order of May 7, 2007, pertaining to custody shall be amended as follows: Commencing 2008, aside from the holiday schedule, each party shall be entitled to two 11 day vacations with 30 days advance notice to the other parent, which period shall not be exercised over the other parent's week of primary physical custody, as sat out in paragraph 2 of the order. Each 11 day vacation period shall include all days with vacationing parent's week of primary custody, and shall extend into the other parties custodial time by 4 days. For 2007, mother may exercise one additional 11 day period over father's week of primary custody, not to include a week in August. Father may take his already planned vacation from August 16th to August 26th, 2007. 7. Mrs. Pedersen withdraws, with prejudice, her Petition for Contempt of the Custody Order and for Special Relief and the Amended Petition. Mr. Pedersen withdraws, with prejudice, his Petition for Sanctions. 8. Husband will provide to wife for her review and signature all offers for the purchase of the subject properties and any lease agreements which he proposes to have signed by tenants. By the Court, Carol J. Lindsay, Esquire 26 West High Street Carlisle, PA 17013 For Plaintiff Steven Howell, Esquire 619 Bridge Street New Cumberland, PA 17070 For Defendant ?a??'es n???C ?l3 f07 :mae DONNA K. PEDERSEN, Plaintiff V. THOMAS S. PEDERSEN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-1287 CIVIL TERM IN DIVORCE MOTION FOR SANCTIONS NOW COMES Donna K. Pedersen, Plaintiff above, by and through her counsel, Saidis, Flower & Lindsay and moves this Honorable Court as follows: 1. The parties hereto are husband and wife, having been joined in marriage on October 14, 1989. 2. On March 8, 2007, Plaintiff filed a Complaint in Divorce seeking equitable distribution and other economic relief including counsel fees and expenses. 3. Plaintiff served Interrogatories and a Request for Production of Documents: First Set on the Defendant on April 27, 2007. 4. Responses to neither discovery requests having been provided, on June 8, 2007, Plaintiff filed a Motion to Compel Discovery. A copy of that Motion without attachments is attached hereto as Exhibit "X. 5. On June 28, 2007, this Honorable Court held a conference in chambers with SAIDIS, FLOWER & LINDSAY .?ruw 26 West High Street Carlisle, PA regard to Plaintiffs Motion to Compel Discovery after which an Order of Court was issued requiring Defendant to "serve upon Plaintiffs counsel on or before July 16, 2007, without objection, responses to Plaintiffs Request for Production of Documents: First Set and Plaintiffs Interrogatories." A copy of the Court's Order of June 28, 2007 is attached hereto as Exhibit "B". 6. On July 16, 2007, Defendant served on Plaintiff two documents: a. Defendant's Response to Request for Production of Documents: First Set, a copy of which, without attachments, is attached hereto as Exhibit "C" and b. Defendant's Response to First Set of Interrogatories, a copy of which is attached hereto as Exhibit "D" 7. The Response to Request for Production of Documents is defective by virtue of being incomplete in the following particulars: a. The spreadsheet attached is not responsive to the various documents requested, but only provides documents for request numbers 2, 4 and 7. b. With regard to the documents provided, pursuant to requests 2, 4 and 7, there are substantial missing documents. C. Additionally, Defendant failed to provide any documents requested in requests 1, 3, 5, 6, 7 and 8, as more particularly set out below, according to the number of the request: (1) No 2006 Federal income tax return or, if one was not tiled, all W- 2s, 1099s or K-1s, together with a copy of the request for an extension for filing were provided. Plaintiff has the most immediate need for a copy of these documents. On August 14, 2007, the initial support conference is scheduled for the Office of Domestic Relations. (3) No partnership agreements were included although tax returns SAIDIS, FLOWER & LINDSAY A7 IAW 26 West High Street Carlisle, PA indicate Defendant is a partner in several. (5) No documentation of marital debt was provided although in the Interrogatory answer number 13, Defendant lists 14 items of marital debt. (6) No statements of investment accounts from January 1, 2006 to the present were provided although the most recent tax return of the parties, that from 2005, indicate that there were dividends received in 2005. (7) No copies of settlement sheets for the purchase any real estate from January 1, 1996 was provided even though the parties are owners of four I pieces of realty and Defendant is a real estate lawyer. (8) No correspondence between the Defendant and any agent or employee of Old Republic Title Insurance Company from January 1, 2005 to the present was provided nor was any notes or agreements signed in favor of Old Republic National Title Insurance Company despite the answer to Interrogatory number 13 that Defendant considers as marital debt an obligation to Old Republic National Title in the amount of $370,000.00. 8. The Response to Request for Production of Documents was also inadequate because all documents requested were not provided. Documents requested in the following paragraphs were only partially provided: (2) a. American Home: 2002, 2003, 2004 and 2006 (2005 was provided). b. Liberty Settlement: 2002, 2003, 2006 (2004 and 2005 were provided). SAMIS, FLOWER & LINDSAY muw 26 West High Street Carlisle, PA C. Service First: 2002, 2005, 2006 (2003 and 2004 were provided). d. Obviento, Inc.: 2002, 2005 and 2006 were not provided although 2003 and 2004 were provided and a copy of an extension for 2005 was provided. e. Abstract Settlement: 2002, 2003, 2005 and 2006 (the return for 2004 was provided). f. Exchequer: None provided. g. Crown Settlement: None provided. h. Premiere: 2002, 2003, 2005 and 2006 (2004 was provided). (4) Plaintiff sought all statements for all depository accounts in Defendant's name individually or with any other person or entity from January 1, 2005 to the present. In addition, the check register for each account was requested. No check registers were provided and few statements were provided as follows: a. Capital Trust Settlement Solutions trust account: May 1, 2002 through September 30, 2002. Such request was nonresponsive as the dates requested were January 1, 2005 to the present. b. Capital Trust Settlement Solutions trust account: November 30, 2003, January 31, 2004, August 31, 2006, October 31, 2006 and November 30, 2006. C. Liberty Settlement Services trust account at Citizens Bank from October 17, 2003 to May 31, 2004. Such request was nonresponsive as the documents requested were from January 1, 2005 to the present. d. Service First Settlement Agency at M&T Bank from March 1, 2005 to November 30, 2005. e. Service First Settlement Agency at Citizens Bank for December SAIDIS, FLOWER & LINDSAY NEWAT-IAW 26 West High Street Carlisle, PA 1, 2003. 9. The Interrogatory answers were deficient in the following particulars: a. Question 5 refers to tax returns when the 2006 tax information was not provided. b. Question 9 refers to the documents provided pursuant to request number 4 although, as more fully set out above, the account statements were not provided there. 10. Movant believes and therefore avers that Respondent violated the Court's Order of June 28, 2007 and seeks sanctions pursuant to Pa. R.C.P. 4019(a)(1)(i) and (viii) 11. Movant requests that it sanction Respondent pursuant to Pa. R.C.P. 4019(g)(1) in the form of reasonable attorney's fees of the Plaintiff incurred in filing both the Petition to Compel Discovery and the within Petition for Sanctions. WHEREFORE, Movant prays this Honorable Court to issue a Rule upon the Respondent to show cause why he should not promptly provide the documents requested and why he should not pay the reasonable attorney's fees of the Plaintiff in obtaining discovery. Respectfully submitted, SAIDIS, FLOWER & LINDSAY Carol J. Lindsay, Esq Supreme Court ID Nc 26 West High Str4W Carlisle, PA 17013 717-243-6222 Dated: August ? , 2007 SAIDIS, FLOWER & LINDSAY ATIOMIMM. 26 West High Street Carlisle, PA DONNA K. PEDERSEN, Plaintiff V. THOMAS S. PEDERSEN, Defendant CIVIL ACTION - LAW NO. 07-1287 CIVIL TERM IN DIVORCE PETITION TO COMPEL DISCOVERY AND NOW, comes, DONNA K. PEDERSEN, Plaintiff above, by and through her counsel, Saidis, Flower & Lindsay and petitions this Honorable Court as follows: 1. The parties hereto are husband and wife having been joined in marriage on October 14, 1989. 2. A Complaint in Divorce was filed on or about March 27, 2007. 3. On April 25, 2007, Plaintiff's counsel served on Defendant a Request for Production of Documents - First Set and a set of Interrogatories. A copy of the discovery requests are attached hereto as Exhibit "A". 4. Thirty days have passed and the discovery has not been provided. 5. An extension has been provided to Defendant, but his counsel advises that the discovery has not been given to him. 6. Defendant is represented by Steven Howell, Esquire who does not agree with the SAIDIS, FLOWER & LPND AY ermmM-AT-UP 26 West High Street Carlisle, PA relief requested in this Petition. 7. The Honorable J. Wesley Oler, Jr. has been previously assigned to this case. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WHEREFORE, Petitioner prays this Honorable Court to issue a Rule upon the Respondent to show cause why he should not be ordered to provide the discovery requested on April 25, 2007. Respectfully submitted SAIDIS, F L SAY Carol J. Lindsay, Esquire Supreme.Court ID No. 44693 26 West High Street Carlisle, PA 17013 717-243-6222 Dated: SAIDIS, FLOWER & LINDSAY ATIUMI&M AT uw 26 West High Street Carlisle, PA DONNA K. PEDERSEN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW THOMAS S. PEDERSEN, Defendant 07-1287 CIVIL TERM IN RE: DISCOVERY CONFERENCE ORDER OF COURT AND NOW, this 28th day of June, 2007, upon consideration of Plaintiff's Petition To Compel Discovery, and following a conference held in the chambers of the undersigned judge, in which plaintiff was represented by Carol J. Lindsay, Esquire, and Defendant was represented by Steven Howell, Esquire, and pursuant to an agreement of' counsel, Defendant shall serve upon Plaintiff's counsel on or before July 16, 2007, without objection, responses to Plaintiff's Request for Production of Documents - First Set, and Plaintiff's Interrogatories. By the Court, Cool J. Lindsay, Esquire x'26 West High Street Carlisle, PA 17013 For Plaintiff Steven Howell, Esquire 619 Bridge Street New Cumberland, PA 17070 For Defendant :mae DONNA K. PEDERSON Plaintiff V. THOMAS S. PEDERSEN Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 07-1287 CIVIL TERM DIVORCE AND CUSTODY DEFENDANT'S RESPONSE TO REQUEST FOR PRODUCTION OF DOCUMENTS: FIRST SET To: Plaintiff Donna K. Pedersen c/o Carol Lindsey, Esquire Saidis, Flower & Lindsey 26 West High Street Carlisle, PA 17013 AND NOW, this 16th day of July 2007 pursuant to Pa. R.C.P. 4009.1 and 4009.11, as amended, the Defendant, by and through his attorney, Steven Howell, Esquire of 619 Bridge Street, New Cumberland, Pennsylvania 17070, hereby responds to the First Set of Interrogatories dated April 25, 2007. Defendant's Responses to First Set of Production of Documents Request: 1. See attached Spread Sheet for specific responses to Plaintiff's request for Production of Documents. Respectfully submitted, By: Xwell Law Firm 619 Bridge Street New Cumberland, PA 17070 Supreme Court ID 62063 Attorney for Defendant Date: July 16, 2007 CERTIFICATE OF SERVICE I hereby certify that on the date set forth below a true and correct copy of the foregoing document was served upon the persons and in the manner indicated below which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure: Service upon Counsel by Hand Delivery. Carol J Lindsay, Esquire Saidis, Flower & Lindsay 26 West High Street Carlisle, PA 17013 By: Date: / l b 10!9 EXHIBIT# DESCRIPTION OF DOCUMENT DEFENDANT'S RESPONSE TO PLAINTIFF'S REQUEST QUESTION FOR PRODUCTION OF DOCUMENTS 1 2005 LOCAL, STATE AND FEDERAL TAX RETURNS FOR THOMAS AND DONNA PEDERSEN 2 2004 STATE AND FEDERAL TAX RETURNS FOR 2 ABSTRACT SETTLEMENT AGENCY 3 2004 STATE AND FEDERAL TAX RETURNS FOR 2 PREMIER SETTLEMENT AGENCY LLC 4 2005 EXTENSION TO FILE FEDERAL TAX 2 OBVENTIO INC 5 2004 STATE AND FEDERAL TAX RETURNS FOR 2 OBVENTIOINC 6 + 2004 STATE AND FEDERAL-TAX RETURNS FOR 2 OBVENTIO INC 7 2003 STATE AND FEDERAL TAX RETURNS FOR 2 OBVENTIO INC 8 2003 STATE AND FEDERAL TAX RETURNS FOR 2 SERVICE FIRST SETTLEMENT AGENCY LLC 9 2004 STATE AND FEDERAL TAX RETURNS FOR 2 SERVICE FIRST SETTLEMENT AGENCY LLC 10 2004 STATE AND FEDERAL TAX RETURNS FOR 2 LIBERTY SETTLEMENT SERVICES 11 2005 STATE AND FEDERAL TAX RETURNS FOR 2 AMERICAN HOME SETTLEMENTS 12 2005 PARTNERSHIP DECLARATION TAX FILINGS 2 AMERICAN HOME SETTLEMENTS 13 2005 STATE AND FEDERAL TAX RETURNS FOR 2 LIBERTY SETTLEMENT SERVICES 14 CITIZENS BANK RECORDS FOR LIBERTY SETTLEMENT SVCS LLC TRUST ACCOUNT FROM 10-17-03 TO 5-31-04 15 M & T BANK RECORDS FOR SERVICE FIRST SETTLEMENT 4 '- AGENCY LLC MAIN ACCOUNT FROM 3-1-05 TO 7-31-05 16 COMMEREC BANK RECORDS FOR CAPITOL SETTLEMENT 4 SOLUTIONS INC TRUST ACCOUNT FROM 1-31-05 TO 11-30-05 17 COMMEREC BANK RECORDS FOR CAPITOL SETTLEMENT 4 SOLUTIONS INC TRUST ACCOUNT FOR THE MONTHS OF 8-31-06, 10-31-06 AND 11-30-06 18 COMMEREC BANK RECORDS FOR CAPITOL SETTLEMENT SOLUTIONS INC TRUST ACCOUNT FOR THE MONTH OF 11-30-03, 19 COMMEREC BANK RECORDS FOR CAPITOL SETTLEMENT 4 SOLUTIONS INC TRUST ACCOUNT FOR THE MONTH OF 1/31/2005, DESCRIPTION OF DOCUMENT DEFENDANT'S RESPONSE TO PLAINTIFF'S REQUEST QUESTION FOR PRODUCTION OF DOCUMENTS 20 ALLFIRST BANK RECORDS FOR CAPITOL SETTLEMENT SOLUTIONS INC TRUST ACCOUNT FOR THE MONTH OF 5/1/2002 21 ALLFIRST BANK RECORDS FOR CAPITOL SETTLEMENT SOLUTIONS INC TRUST ACCOUNT FOR THE MONTH OF 6/1/2002 22 ALLFIRST BANK RECORDS FOR CAPITOL SETTLEMENT SOLUTIONS INC TRUST ACCOUNT FOR THE MONTH OF 7/1/2002 23 CITIZENS BANK RECORDS FOR SERVICE FIRST SETTLEMENT AGENCY INC TRUST ACCOUNT FOR THE MONTH OF 12/1/2003 24 ALLFIRST BANK RECORDS FOR CAPITOL SETTLEMENT SOLUTIONS INC TRUST ACCOUNT FOR THE MONTH OF 8/1/2002 25 ALLFIRST BANK RECORDS FOR CAPITOL SETTLEMENT SOLUTIONS INC TRUST ACCOUNT FOR THE MONTH OF 9/1/2002 27 APPRAISAL OF REAL PROPERTY FOR LOCATION 32 HOPE 7 TERRACE, CARLISLE PA 17013 - 26 APPRAISAL OF REAL PROPERTY FOR LOCATION 9 TODD 7 ROAD, CARLISLE PA 17013 28 APPRAISAL OF REAL PROPERTY FOR LOCATION 147 SOUTH 7 COLLEGE STREET, CARLISLE PA 17013 VERIFICATION I/we verify that the statements made in the foregoing document are true and correct. I/we understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unworn falsification to authorities. BY Thomas S. Pedersen Date: DONNA K. PEDERSON IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 07-1287 CIVIL TERM THOMAS S. PEDERSEN Defendant DIVORCE AND CUSTODY DEFENDANT'S RESPONSE TO FIRST SET OF INTERROGATORIES To: Plaintiff Donna K. Pedersen c/o Carol Lindsey, Esquire Saidis, Flower & Lindsey 26 West High Street Carlisle, PA 17013 AND NOW, this 16th day of July 2007 pursuant to Pa. R.C.P. 4009.1 and 4009.11, as amended, the Defendant, by and through his attorney, Steven Howell, Esquire of 619 Bridge Street, New Cumberland, Pennsylvania 17070, hereby responds to the First Set of Interrogatories dated April 25, 2007. GENERAL OBJECTIONS 1. Defendant objects to these Interrogatories to the extent that they see information not relevant to the subject matter of this litigation and not reasonably calculated to lead to the discovery of admissible evidence. 2. Defendant objects to the Interrogatories to the extent that they contain vague and or ambiguous terms. 3. Defendant objects to the Interrogatories to the extent that they are overbroad, unreasonable in scope, unduly burdensome, oppressive and or require unreasonable expense. 4. Defendant hereby incorporate each of the preceding General Objections into each of the following Answers as if set forth fully herein. CERTIFICATE OF SERVICE I hereby certify that on the date set forth below a true and correct copy of the foregoing document was served upon the persons and in the manner indicated below which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure: Service upon Counsel by Hand Delivery. Carol J Lindsay, Esquire Saidis, Flower & Lindsay 26 West High Street Carlisle, PA 17013 B Date: 1-7 bb,krj Defendants Responses to First Set of Interrogatories: 1. Objection. This interrogatory is objectionable in form, and calls for speculation as to the plaintiff's definition of the separation of marriage. Further objecting, this interrogatory is vague, ambiguous and calls for a legal conclusion which this defendant is not capable of making. In addition, this interrogatory improperly seeks to place burden of proof on the answering defendant. Without waiving said objection, the date of last separation is February 2006. As discovery is ongoing, the defendant reserves the right to supplement this answer. 2. Objection. This interrogatory is objectionable in form, and calls for speculation as to the plaintiff's definition of residing. Further objecting, this interrogatory is vague, ambiguous and calls for a legal conclusion which this defendant is not capable of making. In addition, this interrogatory improperly seeks to place burden of proof on the answering defendant. Without waiving said objection, defendant acknowledges that defendant's children Kathryn Rachel Pedersen, Daughter; Thomas Christopher Pedersen, Son; and Alexander Scott Pedersen, Son; all have the residential address of the defendant at 3109 North Front Street, Harrisburg PA 17110. As discovery is ongoing, the defendant reserves the right to supplement this answer. A. Objection. To the extent that this interrogatory is vague, ambiguous, overbroad, unduly burdensome and seeks information that is equally available to the Plaintiff. Without Waiving said objection, defendant acknowledges that defendant's children Kathryn, Thomas and Alexander are not employed. As discovery is ongoing, the defendant reserves the right to supplement this answer. B. Objection. To the extent that this interrogatory is vague, ambiguous, overbroad, unduly burdensome and seeks information that is equally available to the Plaintiff. Without Waiving said objection, defendant has no knowledge of any other source of income from defendant's children Kathryn, Thomas and Alexander. As discovery is ongoing, the defendant reserves the right to supplement this answer. C. Objection. To the extent that this interrogatory is vague, ambiguous, overbroad, unduly burdensome and seeks information that is equally available to the Plaintiff. Without Waiving said objection, defendant acknowledges that defendant's children Kathryn, Thomas and Alexander do not contribute to the household expenses. As discovery is ongoing, the defendant reserves the right to supplement this answer. 3. Defendant is a self employed attorney focusing on real estate issues located at 3109 North Front Street, Harrisburg PA 17110. As discovery is ongoing, the defendant reserves the right to supplement this answer. 4. Objection. To the extent that this interrogatory is vague, ambiguous, overbroad, unduly burdensome and seeks information that is equally available to the Plaintiff from other source such as the Tax Returns. Without waiving said objection, the defendant has received no bonuses during the past three (3) years. As discovery is ongoing, the defendant reserves the right to supplement this answer. 5. Objection. This interrogatory is objectionable in form, and calls for speculation as to the plaintiff's definition of money. Further objecting, this interrogatory is vague, ambiguous. In addition, this interrogatory improperly seeks to place burden of proof on the answering defendant. See Tax Returns attached to the defendant's response to the production of documents. As discovery is ongoing, the defendant reserves the right to supplement this answer. 6. Objection. This interrogatory is objectionable in form, and calls for speculation as to the plaintiff's definition of securities and or mutual funds. Further objecting, this interrogatory is vague, ambiguous. In addition, this interrogatory improperly seeks to place burden of proof on the answering defendant. Without waiving said objection, defendant has no knowledge of any present interest in any securities or any mutual fund. As discovery is ongoing, the defendant reserves the right to supplement this answer. 7. Defendant has no knowledge of owning individually or jointly any certificates of deposit, treasury notes or other depository receipt of any kind. As discovery is ongoing, the defendant reserves the right to supplement this answer. 8. Objection. To the extent that this interrogatory is vague, ambiguous, overbroad, unduly burdensome and seeks information that is equally available to the Plaintiff. Without Waiving said objection, defendant has no knowledge of maintaining a safe deposit box since the date of marriage to present. As discovery is ongoing, the defendant reserves the right to supplement this answer. 9. Objection. To the extent that this interrogatory is vague, ambiguous, overbroad, unduly burdensome and seeks information that is equally available to the Plaintiff from other sources that are unavailable to the defendant for the defendant to give a response to Interrogatory question 9. As to accounts, see defendant's response to production of documents. As discovery is ongoing, the defendant reserves the right to supplement this answer. 10. Objection. To the extent that this interrogatory is vague, ambiguous, overbroad with respect to the term "gift". Without waiving said objections, defendant has in the past three years made donations of time and money to charitable organizations and candidates for elective office. As discovery is ongoing, the defendant reserves the right to supplement this answer. 11. A. Objection. To the extent that this interrogatory is vague, ambiguous, overbroad, unduly burdensome and seeks information that is equally available to the Plaintiff from other source such as the Tax Returns. Without waiving said objection, the defendant has no present or past employer which the defendant has participated in any type of retirement plan. As discovery is ongoing, the defendant reserves the right to supplement this answer. B. Objection. To the extent that this interrogatory is vague, ambiguous, overbroad, unduly burdensome and seeks information that is equally available to the Plaintiff from other source such as the Tax Returns. Without waiving said objection, the defendant has no present or past employer which the defendant has elected to receive or received proceeds from a retirement plan (s) in the period of six months prior to the date of separation. As discovery is ongoing, the defendant reserves the right to supplement this answer. 12. Objection. To the extent that this interrogatory is vague, ambiguous, overbroad, unduly burdensome and seeks information that is equally available to the Plaintiff from other sources that are unavailable to the defendant for the defendant to give a response to Interrogatory question 12. Without waiving said objection, defendant does not have any copies of financial statements or loan applications. In terms of lending or credit institutions, Plaintiff is directed to the holders of recorded mortgages in Cumberland and Dauphin Counties and Volvo Finance. See Answers to Interrogatory #13. As discovery is ongoing, the defendant reserves the right to supplement this answer. 13. Objection. To the extent that this interrogatory is vague, ambiguous, overbroad, unduly burdensome. Without waiving said objection, the defendant acknowledges the following debts in excess of $ 300.00: 1. Mortgage Debts: A. 9 Todd $ uncertain; B. 32 Hope $ uncertain, C. 146 S. College $ uncertain; D. 3109 N. Front $ uncertain. 2. Volvo Finance $ 32,000.00 3. MBNA (Bar Association) $ 12,000.00 4. Citizens Bank $ 80,000.00 5. Old Republic National Title: $ 370,000.00 6. Core First $ 40,000.00 7. Darling LLC $ 30,000.00 8. Kirsten Szustak $ 30,000.00 9. Verizon Wireless $ 900.00 10. CTSI $ 450.00 11. Robert Bolash Appraisal Works $ 750.00 12. Dauphin County Tax (Real Estate) $ 15,000.00 13. Harrisburg School Tax $ 15,000.00 14. Business Expenses on a recurring and nonrecurring basis As discovery is ongoing, the defendant reserves the right to supplement this answer 14. Objection. To the extent that this interrogatory is vague, ambiguous, overbroad. Without waiving said objection, defendant estimate market value of his household contents is well under $ 5,000. As discovery is ongoing, the defendant reserves the right to supplement this answer. 15. Objection. To the extent that this interrogatory is vague, ambiguous, overbroad. Without waiving said objection, defendant to his knowledge has no ownership in any furs, gold, diamonds or other precious gems or metals or jewelry that has a value of $ 300.00 or more for each item. As discovery is ongoing, the defendant reserves the right to supplement this answer. 16. Objection. To the extent that this interrogatory is vague, ambiguous, overbroad, unduly burdensome with the respect to the following terms "gifts", "contributions", gratuities", "benefits", "services", "fringe benefits", "perquisites" and the following phrase from Interrogatory Question 16, "....from any source, business or otherwise, including family members....' Without waiving said objection, the defendant will respond to Interrogatory 16 when Plaintiff clearly restates the question so said defendant can clearly understand the question. By way of further answer, defendant has received presents for birthdays and Christmas but they have not exceeded $ 200.00 in value per item. As discovery is ongoing, the defendant reserves the right to supplement this answer. 17. Objection. To the extent that this interrogatory is vague, ambiguous, overbroad, unduly burdensome with respect to the following terms "property", contract right", "patent", "chose in action", "expectancy". Without waiving said objection, the defendant acknowledges an interest in Obventio Inc. a company that is currently insolvent. Real property identified in answer to Interrogatory 13. As discovery is ongoing, the defendant reserves the right to supplement this answer. 18. Defendant is not a beneficiary of any trust for the past two years. As discovery is ongoing, the defendant reserves the right to supplement this answer. 19. Objection. To the extent that this interrogatory is vague, ambiguous, overbroad, unduly burdensome. Without waiving said objection, the defendant acknowledges the following: A. Stock Options: Not Applicable B. Financial Institutions, Checking Accounts, Savings Account: PSECU, Commerce Bank and Citizens Bank. This information is equally available to the Plaintiff. C. Patents, Copyrights, Inventions, Royalties: Not Applicable D. Life Insurance Policies: 1 Million dollar Whole Life Policy. Loan was taken out to pay for premium and the named insured is Thomas S. Pedersen. The beneficiaries are the children of the defendant. The annual premium is $ 12,000. D. 7. Due to the failure of Plaintiff to pay the premium of the Fidelity Life Policy the policy was is no longer in effect. D. 8. The defendant's children are now the primary beneficiaries. E. Defendant objects to this interrogatory on the grounds that the Defendant has exceeded the limit of 40 interrogatories permitted by Local Rule 4005-1. F. Defendant objects to this interrogatory on the grounds that the Defendant has exceeded the limit of 40 interrogatories permitted by Local Rule 4005-1. F. 4. Defendant objects to this interrogatory on the grounds that the Defendant has exceeded the limit of 40 interrogatories permitted by Local Rule 4005-1. As discovery is ongoing, the defendant reserves the right to supplement this answer. VERIFICATION I/we verify that the statements made in the foregoing document are true and correct. I/we understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unworn falsification to authorities. BY: Thomas S. Pedersen Date: VERIFICATION I, Carol J. Lindsay, attorney for Donna K. Pedersen, verify that the statements made in the foregoing document are true and correct and certify that I am authorized to do so, and that the person's having knowledge of matters alleged in this pleadings are outside the jurisdiction of the Court and her Verification cannot be obtained within the time allowed for filing the pleading. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. SAMIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA Carol J. Lindsay Donna K. Peden CERTIFICATE OF SERVICE I hereby certify that on the date set forth below a true and correct copy of the foregoing document was served upon the persons and in the manner indicated below which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure. Service upon the Opposing Counsel by First Class, Postage Prepaid U. S. Mail and Facsimile to 717-770-1278. Steven Howell, Esquire 619 Bridge Street New Cumberland, PA 17070 SAIDIS, FLOWER & LINDSAY G Carol J. Lindsay/, E quire l Supreme Cou o. 44693 i 26 West High Street Carlisle, PA 17013 717-243-6222 Dated: August ? , 2007 FLOWER & LINDSAY 26 West High Street Carlisle, PA (.^ C ?l -- . 7 . J? `t`3 .. i 1: 1 `- ? f' ? ti ? (T1 j;. :..- ?? . ?.- 1_?Z !.? ?} "' ?`?.? ?? AUG 0 9 2007 `tom SAIDIS, FLOWER & LUNIDSAY 26 West High Street Carlisle, PA DONNA K. PEDERSEN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 07-1287 CIVIL TERM THOMAS S. PEDERSEN, Defendant IN DIVORCE ORDER OF COURT AND NOW, this 12Aay of , upon consideration of the within Petition, a Rule is issued upon the Respondent to show cause why the relief requested should not be granted. Rule returnable at a hearing set for the day of 2007, at the courthouse in Carlisle, Cumberland County, Pennsylvania at -3C) I&M. nv rt,r n^i inr ?e' tT %"' ? ? ' ?: ?. -'? ;` ;i- ? ? ?,. , , f , r -? ? ? - r Steven Howell, Esquire Howell Law Firm 619 Bridge Street New Cumberland, PA 17070 (717) 770-1277 Supreme Court ID 62063 Attorney for Defendant DONNA K. PEDERSEN, Plaintiff VS. THOMAS S. PEDERSEN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007 - 1287 CIVIL TERM CIVIL ACTION - LAW DIVORCE AND CUSTODY MOTION FOR A CONTINUANCE WITH CONCURRENCE OF OPPOSING COUNSEL 1. Plaintiff is represented by Carol Lindsey, Esquire 2. Defendant is represented by Steven Howell, Esquire. 3. A hearing is scheduled for November 19, 2007 at 9:30 AM on a discovery issue. 4. Defendant's counsel will be out of the country at the time of this hearing and he has requested Plaintiff's counsel's consent to request a continuance. 5. This is the first request for a continuance by Defendant's counsel on this matter. 6. Counsel conferred via telephone last week and Plaintiff's counsel verbally consented to the request so long as an issue regarding a listing contract was resolved. 7. On Friday, October 5, 2007 this issue was resolved. 8. A copy of this Motion was faxed to opposing counsel on October 8, 2007 with notice that it would be presented with her consent on October 9, 2007. Counsel spoke on October 8, 2007 and this motion is unopposed. Respectfully submitted, BY: St Ken HoVll, 41owell Law Fi 619 Bridge Street New Cumberland, PA 17070 (717) 770-1277 Supreme Court ID 62063 Attorney for Defendant CERTIFICATE OF SERVICE I hereby certify that on the date set forth below a true and correct copy of the foregoing document was served upon the persons and in the manner indicated below which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure Service upon the Opposing Counsel by First Class, Postage Prepaid U.S. Mail Carol Lindsey, Esquire (Via Fax 243-6486) Saidis, Flower & Lindsey 26 West High Street Carlisle, PA 17013 Date: October 9, 2007 E v a tt r rn y l V OCT 1! 2007 DONNA K. PEDERSEN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2007 -1287 CIVIL TERM THOMAS S. PEDERSEN, CIVIL ACTION - LAW Defendant DIVORCE AND CUSTODY I ORDER OF COURT AND NOW, this 6 day of 0 LL , 2007 it is hereby ORDERED that Defendant's request for a continuance is granted and the hearing scheduled for November 19, 2007 at 9:30 AM is rescheduled to 6.44, 200 17 at q:,-b M. in Courtroom Number --_L of the Cumberland County Courthouse. BY THE COURT: Wesley Old Jr., Judge Certified Copies To: even Howell, Esquire (619 Bridge Street, New Cumberland, PA 17070) ,Pd l Lindsey, Esquire (26 West High Street, Carlisle, PA 17013) .r_ --' C_ ? N DONNA K. PEDERSEN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 07-1287 CIVIL TERM THOMAS S. PEDERSEN, Defendant IN DIVORCE PETITION FOR SPECIAL RELIEF AND NOW, comes Donna K. Pedersen, by and through her counsel, Saidis, Flower & Lindsay, and petitions this Honorable Court as follows: 1. The parties hereto are husband and wife having been joined in marriage on October 14, 1989. 2. At the time of their separation in August 2006, the parties were owners of four properties: the marital home in which Petitioner resides and is paying the mortgage, two rental properties in Cumberland County and the building at 3109 North Front Street in Harrisburg, which is Respondent's office, home and site of a rental unit. 3. The mortgage on the marital home is current because Petitioner pays it. FLOWER SL LINDSAY METINOW-M 26 West High Street Carlisle, PA However, the two Cumberland County rental properties were the subject of mortgage foreclosure actions. One of the properties was sold and the other is listed for sale pursuant to the parties' agreement and an Order of August 2, 2007 on a previous Petition for Special Relief. 4. The Court's Order of August 2, 2007 provided in pertinent part, "The property located on Front Street in Harrisburg, Pennsylvania will be brought current by Husband as to its mortgage by August 15, 2007. In the event that Husband does not bring it current by August 15, 2007, the property will be sold pursuant to an agreement of the parties as to the terms. By August 17, Husband will provide to Wife evidence that the mortgage is current on that property. Thereafter, Husband will make the mortgage payments on the Front Street property each and every month as they become due in their full amount." A copy of the Court's Order of August 2, 2007 is attached hereto as Exhibit "A". 5. At a support conference held on August 14, 2007, Husband averred that he had brought the mortgage on the Front Street property current. 6. At a hearing before the Support Master on November 13, 2007, Husband admitted that the mortgage on the Front Street property was in arrears. 7. On November 6, 2007, the lender on the Front Street property filed an action in mortgage foreclosure. 8. Respondent is in violation of the Court's Order of August 2, 2007. 9. The parties hereto are set for a hearing before this Honorable Court on Petitioner's Petition to Compel Discovery. A hearing on that case has been set for December 27, 2007 at 9:30 AM. 10. Petitioner, on November 19, 2007, offered Respondent the opportunity to sell the Front Street property if he could do so by December 27, 2007. However, since the offer was made, there has been no listing agreement forwarded to Petitioner for her review. Upon information and belief, Respondent has taken no action to save the equity in the Front Street property by listing it for sale. 11. Petitioner believes and therefore avers that unless the Front Street property is FLOWER & LINDSAY 26 West High Street Carlisle, PA immediately sold, all of its equity will be lost. 12. Petitioner believes and therefore avers that Respondent will not attempt to vigorously sell the property or price it properly because it is both his home and his office and that the only way to recovery any equity in the property is to list it for sale with a disinterested real estate agent. 13. Respondent does not agree with the relief requested in this Petition. 14. The Honorable J. Wesley Oler, Jr. has previously heard this case. WHEREFORE, Petitioner prays this Honorable Court to join the instant Petition with the Petition to Compel Discovery for a hearing on December 27, 2007 and, after a hearing, to order that the property at 3109 North Front Street, Harrisburg, Pennsylvania be immediately listed for sale by a real estate agent selected by Petitioner and for a finding that Husband is in contempt of the Court's Order of August 2, 2007 by failing to keep the mortgage current and for attorney's fees reasonably incurred to enforce the Order of August 2, 2007. Respectfully submitted, SAIDIS, FLOWER & LINDSAY Carol J. Lindsay, B Supreme Court I 26 West High Stre Carlisle, PA 17013 717-243-6222 Dated: December 10, 2007 SAIDIS, FILONV'ER & MgDS" 26 West High Street Carlisle, PA EXHIBIT "A" a • r r DONNA K. PEDERSEN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW THOMAS S. PEDERSEN, Defendant 07-1287 CIVIL TERM IN RE: AGREEMENT OF THE PARTIES ORDER OF COURT AND NOW, this 2nd day of August, 2007, upon consideration of the various divorce and custody issues scheduled for a hearing at this time, and pursuant to an agreement reached between the parties in open court with their respective counsel, Carol J. Lindsay, Esquire, on behalf of the Plaintiff, and Steven Howell, Esquire, on behalf of the Defendant, it is ordered and directed as follows: 1. The property located on Front Street in Harrisburg, Pennsylvania, will be brought current by husband as to its mortgage by August 15th, 2007. In the event that husband does not bring it current by August 15th, 2007, the property will be sold pursuant to an agreement of the parties as to the terms. By August 17th husband will provide to wife evidence that the mortgage is current on that property. Thereafter husband will make the mortgage payments on the Front Street property each and every month as they become due in their full amount. 2. The parties agree to authorize Scott Pedersen to have a 60 day exclusive listing contract on their properties at 147 South College Street in Carlisle, and 32 Hope Terrace in Carlisle. Any real estate commission earned on the sale by Mr. Pedersen, who is a real estate agent, will be escrowed. From the proceeds of sale, any costs for his listing and sale up to $500 shall be deemed reasonable, and will be reimbursed to Mr. Pedersen at the time of final settlement, upon provision of receipts. 3. In the event 147 South College Street does not have a contract for sale pending on October 3rd, 2007, then Jan Verow's listing contract will take effect. That listing contract has already been signed by the parties. 4. In the event 32 Hope Terrace does not have a contract for sale pending on October the 3rd, 2007, then the parties will select another realtor, excluding Jan Verow/Remax, and Mike Adler/Sterling Remax Associates. Within 10 days of this order, Mr. Pedersen will provide a signed listing agreement for Hope Terrace on the same terms as that provided by Jan Verow, effective October 3rd, 2007, including a 25 percent referral fee if he can negotiate one. In the event he cannot, he will provide the signed listing agreement within 10 days with the same terms as the Verow agreement. 5. Scott Pedersen has executed in advance Jan Verow's listing contract. Donna Pedersen will execute in return a listing contract as set forth in paragraph 3 above within 10 days of its provision to her. This listing contract will utilize the same terms as the listing contract prepared by Jan Verow. 6. Paragraph 4 of the Court's order of May 7, 2007, pertaining to custody shall be amended as follows: Commencing 2008, aside from the holiday schedule, each party shall be entitled to two 11 day vacations with 30 days advance notice to the other parent, which period shall not be exercised over the other parent's week of primary physical custody, as sat out in paragraph 2 of the order. Each 11 day vacation period shall include all days with vacationing z r r n parent's week of primary custody, and shall extend into the other parties custodial time by 4 days. For 2007, mother may exercise one additional 11 day period over father's week of primary custody, not to include a week in August. Father may take his already planned vacation from August 16th to August 26th, 2007. 7. Mrs. Pedersen withdraws, with prejudice, her Petition for Contempt of the Custody Order and for Special Relief and the Amended Petition. Mr. Pedersen withdraws, with prejudice, his Petition for Sanctions. 8. Husband will provide to wife for her review and signature all offers for the purchase of the subject properties and any lease agreements which he proposes to have signed by tenants. rol J. Lindsay, Esquire 6 West High Street Carlisle, PA 17013 For Plaintiff By the Court, Steven Howell, Esquire 619 Bridge Street New Cumberland, PA 17070 For Defendant mae I flu t,n Testimn . N e tsrt?w sO$ my h2n.. CmI at Gard, ELM LID- CrM.,n. ;w CERTIFICATE OF SERVICE I hereby certify that on the date set forth below a true and correct copy of the foregoing document was served upon the persons and in the manner indicated below which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure. Service upon the Opposing Counsel by First Class, Postage Prepaid U. S. Mail and Facsimile to 797-770-1278. Steven Howell, Esquire 619 Bridge Street New Cumberland, PA 17070 SAIDIS, FLOWER & LINDSAY Carol J. Lindsay, Esquire Supreme Court ID No. 44693 26 West High Street Carlisle, PA 17013 717-243-6222 Dated: December 11, 2007 IS, ? ?WERR & LINDSAY MIMMISM 26 West High Street Carlisle, PA f j ? r} ? Fz ^ 177 t t ?1 i ' ¦ DEC 122DD7A DONNA K. PEDERSEN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 07-1287 CIVIL TERM THOMAS S. PEDERSEN, Defendant IN DIVORCE I V1 ORDER OF COURT AND NOW, this t 7f L day of December, 2007, upon consideration of the within Petition, a Rule is issued on the Respondent to show cause why the relief requested should not be granted. Rule returnable at the hearing set for December 27, 2007 at 9:30 AM in Court Room Number 1 of the Courthouse in Carlisle, Pennsylvania. BY THE COURT, SAMISt FLOWER & LINDSAY 26 West High Street Carlisle, PA a U.t C) r ^ ` CJ h°r - C?J DONNA K. PEDERSEN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW THOMAS S. PEDERSEN, Defendant 07-1287 CIVIL TERM IN RE: MOTION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 27th day of December, 2007, upon consideration of Plaintiff's Motion for Special Relief, and following a conference in chambers in which Plaintiff was represented by Dean E. Reynosa, Esquire, and Defendant was represented by Steven Howell, Esquire, and pursuant to an agreement of counsel, it is ordered and directed as follows: 1. Within 30 days of today's date Defendant shall bring the mortgage involved in this matter current; and 2. In the event that Defendant does not do so, the parties shall execute a listing agreement for sale of the property within 40 days of the date of this order, in accordance with the prior order. Dean E. Reynosa, Esquire 26 West High Street Carlisle, PA 17013 For Plaintiff Steven Howell, Esquire 619 Bridge Street New Cumberland, PA 17070 For Defendant By the Court, Cc 1 0 I £S /n..1a t Ls-c l?z?/off mae >- m ' ?- cx.: rka ? . t tea _j C\j LIJ ? t:l s ?- %i c Lt- C"i V DONNA K. PEDERSEN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW THOMAS S. PEDERSEN, Defendant 07-1287 CIVIL TERM IN RE: MOTION FOR SANCTIONS ORDER OF COURT AND NOW, this 27th day of December, 2007, upon consideration of Plaintiff's Motion for Sanctions in the above-captioned matter, and following a conference held in chambers of the undersigned Judge, in which Plaintiff was represented by Dean E. Reynosa, Esquire, and Defendant was represented by Steven Howell, Esquire, and pursuant to an agreement of counsel, it is ordered and directed that Defendant, within 45 days of the date of this order, supply to Plaintiff's counsel in verified form the following: 1. Copies of all corporate and individual 2006 tax returns, or a statement that such returns have not been filed; to the extent that 2006 tax returns have not been filed by either party, a copy of the return which is filed shall be simultaneously transmitted to the other party's counsel; 2. Documentation itemizing all personal investments of the Defendant during the year 2002 to the present date; 3. Copies of settlement sheets respecting jointly-owned property from January 1, 1996, to the present; 4. Copies of documents and correspondence relating to the alleged debt of Defendant and/or the parties to old Republic; 5. Copies of bank statements and check registers >. c LL J L0 + ' U- 0- 121 N from 2002 to the present relating to American Home, Liberty Settlement, Service First, Obviento, Inc., Abstract Settlement, Exchequer, Crown Settlement, and Premiere, and copies of tax returns of those companies from 2002 to the present; 6. Answers to any interrogatories objected to by Defendant following the Court's prior order in this case directing responses without objections; and 7. Copies of any partnership agreements involving the Defendant as a partner, past or present. To the extent that the items required to be provided by Defendant are not in his possession, he shall execute and deliver to Plaintiff's counsel releases for such information, and responsibility for the costs of production thereof may be the subject of a further motion by either party. Without agreement by counsel, Plaintiff's request for attorneys fees is denied. By the Court, Dean E. Reynosa, Esquire 26 West High Street Carlisle, PA 17013 For Plaintiff Steven Howell, Esquire 619 Bridge Street New Cumberland, PA 17070 For Defendant 124x1-er /Ytzt ILL 1 /A/29d7 LDrl :mae t 1. DONNA K. PEDERSEN, Plaintiff V. THOMAS S. PEDERSEN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-1287 CIVIL TERM DIVORCE AND CUSTODY PRAECIPE Please enter judgment in accordance with the Certification of Arrearage in favor of the Plaintiff and against the Defendant in the amount of $17,831.54. A true and correct copy of the Certification of Arrearage is attached hereto and made a part hereof. SAIDIS, FLOWER & LINDSAY SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA Dated: If q' 0 Carol J. Lind y, squire Supreme CcbAfD No. 44693 26 West High Street Carlisle, PA 17013 717-243-6222 M 1 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION 13 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA. 17013 Phone: (717) 240-6225 Fax: (717) 240-6248 DECEMBER 20, 2007 Plaintiff Name: DONNA K. PEDERSEN Defendant Name: THOMAS S. PEDERSEN Docket Number: 00232 S 2006 PACSES Case Number: 877108134 Other State ID Number: Please note: All correspondence must include the PACSES Case Number. Certification of Arrearage I, Todd Moul , hereby certify that arrearages on the above case as of DECEMBER 20, 2007 total $ 17, 831.54 DEC 2 0 Date Signature A`W COPY F MF tn Thy whwo haVe unto ad M'W' and to 06,of add C^W at CA MOT PA Tli ? a - o y of? W07 - d#0 State Form # Form EN-003 Service Type M Worker ID 217 01 CERTIFICATE OF SERVICE On this 4`h day of January, 2008, I, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, FLOWER & LINDSAY, hereby certify that on this date a copy of the attached document was served on the following individual, via first class mail, postage prepaid, addressed as follows: Steven Howell, Esquire 619 Bridge Street New Cumberland, PA 17070 SAIDIS, FLOWER & LINDSAY -__ Carol J. Lindsay, Esquire Supreme Court ID No. 44693 26 West High Street Carlisle, PA 17013 717-243-6222 SAIDIS, FLOWER & LIlVDSM ATMMMSAMAW 26 West High Street Carlisle, PA z w E`1 b ? ' v DONNA K. PEDERSEN, Plaintiff v. THOMAS S. PEDERSEN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2,9 -S 200 67 - 0a 7 DIVORCE AND CUSTODY PRAECIPE TO SATISFY TO THE PROTHONOTARY: Please mark the judgment in the captioned case satisfied. SAIDIS, FLOWER & LINDSAY SAIDIS, FLOWER & LINDSAY nrromvers,v uw 26 West High Street Carlisle, PA Dated: l(p?Ur? Carol J. Lindsay, t-quire Supreme Court No. 44693 26 West High Street Carlisle, PA 17013 717-243-6222 CERTIFICATE OF SERVICE On this day of April, 2008, I, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, FLOWER & LINDSAY, hereby certify that on this date a copy of the attached document was served on the following individual, via first class mail, postage prepaid, addressed as follows: Steven Howell, Esquire 619 Bridge Street New Cumberland, PA 17070 SAIDIS, FLOWER & LINDSAY Carol J. Lind y esquire Supreme CPurV`D No. 44693 26 West Hig Street Carlisle, PA 17013 717-243-6222 SAIDIS, FLOWER & LINDSAY ATT0M ets aruw 26 West High Street Carlisle, PA ?} t"'j ?. ,:. .?_ti? r?3i?_ : "? y -:•< < ?' ? t_j t _ t` ?.?° hy ?? ^? DONNA K. PEDERSEN, Plaintiff V. THOMAS S. PEDERSEN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-1287 IN DIVORCE PETITION FOR CONTEMPT OF A COURT ORDER AND NOW, comes Donna K. Pedersen by and through her counsel, Saidis, Flower & Lindsay, and petitions this Honorable Court as follows: 1. The parties hereto are husband and wife having been joined in marriage on October 14, 1989 and having separated on or about August 2006. 2. At the time of the parties' separation in August 2006, the parties were owners of four properties: the marital home in which Petitioner resides and for which she is paying the mortgage, two rental properties in Cumberland County and the building at 3109 North Front Street in Harrisburg, Pennsylvania which is Respondent's office, home and the site of a rental unit. 3. The mortgage on the marital home is current because Petitioner pays it. FLOWER ? LMDS" enoMvs•.-ruw 26 West High Street Carlisle, PA However, the two Cumberland County rental properties have been the subject of mortgage foreclosure actions. Both have been sold prior to foreclosure sale, pursuant to Court Order entered on Plaintiff's Petition for Special Relief. 4. On August 2, 2007, this Honorable Court issued an Order which provided in pertinent part, "The property located on Front Street in Harrisburg, Pennsylvania, will be brought current by husband as to its mortgage by August 15, 2007. In the event that husband does not bring it current by August 15, 2007, the property will be sold pursuant to an agreement of the parties as to the terms. By August 17th husband will provide to wife evidence that the mortgage is current on that properties. Thereafter, husband will make the mortgage payments on the Front Street property each and every month as they become due in their full amount." A copy of the Court's Order of August 2, 2007 is attached hereto as Exhibit "A". 5. At a hearing before the Support Master on November 13, 2007, Respondent acknowledged that he had not maintained the mortgage payments on the Front Street property. 6. On November 6, 2007, the lender on the Front Street property filed an action in mortgage foreclosure. 7. On December 11, 2007, Petitioner filed a Petition for Special Relief seeking the sale of the Front Street property to protect its equity. That Petition was set for a hearing on December 27, 2007. 8. On December 27, 2007, this Honorable Court issued an Order on the Motion for Special Relief requiring the Respondent within thirty (30) days to bring the mortgage current and, in the event he did not do so, to execute a listing agreement within forty (40) days. A copy of the Court's Order of December 27, 2007 is attached hereto as Exhibit "B". 9. Respondent did not bring current the mortgage. Judgment by default was SAMIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA taken on the Front Street property on June 17, 2008, but the judgment was stricken on September 15, 2008. Nevertheless, although Respondent has required a trial on the matter, the mortgage on the Front Street property remains in default and Respondent has failed or refused to comply with the Court's Order of August 2, 2007 and December 27, 2007. 10. On September 11, 2008, Petitioner requested the property on Front Street be listed for sale by Jan Verow, the real estate agent who had assisted the parties in the sale of the two Cumberland County rental properties. Ms. Verow requested entry to the Front Street property to properly prepare a listing agreement. 11. On September 24, 2008, Respondent refused to permit the listing. A copy of his email message to Ms. Verow is attached hereto as Exhibit "C". 12. The parties are before this Honorable Court on October 31, 2008 at 9:00 AM on a Petition filed by the Office of Domestic Relations to hold Respondent in contempt of his child support obligation. 13. Petitioner has incurred substantial attorney's fees to protect marital equity and to enforce the Court's Orders of August 2, 2007 and December 27, 2007. 14. Petitioner believes that judicial economic would be served by joining for hearing at the same time and place the instant Petition for Contempt of Court. WHEREFORE, Petitioner prays this Honorable Court to issue a Rule upon the Respondent to show cause why he should not be held in contempt of Court for refusing to bring the mortgage payments on the property at 3109 North Front Street, Harrisburg, Pennsylvania current and to maintain the payments on said property and why he should not be held in contempt of Court for refusing to list the property for sale to avoid a loss in foreclosure and why he should not pay attorney's fees incurred by Petitioner to obtain and enforce Court Orders. SAIDIS, FLOWER & LINDSAY FLOWER ? T EVDS" M7607M T uw 26 West High Street Carlisle, PA Dated: 6 Carol J-Lin"ds ire I- Supreme CArtM No. 44693 26 West HI Street Carlisle, PA 17013 717-243-6222 DONNA K. PEDERSEN, Plaintiff v THOMAS S. PEDERSEN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 07-1287 CIVIL TERM IN RE: AGREEMENT OF THE PARTIES ORDER OF COURT AND NOW, this 2nd day of August, 2007, upon consideration of the various divorce and custody issues scheduled for a hearing at this time, and pursuant to an agreement reached between the parties in open court with their respective counsel, Carol J. Lindsay, Esquire, on behalf of the Plaintiff, and Steven Howell, Esquire, on behalf of the Defendant, it is ordered and directed as follows: 1. The property located on Front Street in Harrisburg, Pennsylvania, will be brought current by husband as to its mortgage by August 15th, 2007. In the event that husband does not bring it current by August 15th, 2007, the property will be sold pursuant to an agreement of the parties as to the terms. By August 17th husband will provide to wife evidence that the mortgage is current on that property. Thereafter husband will make the mortgage payments on the Front Street property each and every month as they become due in their full amount. 2. The parties agree to authorize Scott Pedersen to have a 60 day exclusive listing contract on their properties at 147 South College Street in Carlisle, and 32 Hope Terrace in Carlisle. Any real estate commission earned on the sale by Mr. Pedersen, who is a real estate agent, will be escrowed. From the proceeds of sale, any costs for his listing and to $500 shall be deemed reasonable, and will be reimburs Mr. Pedersen at the time of final settlement, upon provision of receipts. 3. In the event 147 South College Street does not have a contract for sale pending on October 3rd, 2007, then Jan Verow's listing contract will take effect. That listing contract has already been signed by the parties. 4. In the event 32 Hope Terrace does not have a contract for sale pending on October the 3rd, 2007, then the parties will select another realtor, excluding Jan Verow/Remax, and Mike Adler/Sterling Remax Associates. Within 10 days of this order, Mr. Pedersen will provide a signed listing agreement for Hope Terrace on the same terms as that provided by Jan Verow, effective October 3rd, 2007, including a 25 percent referral fee if he can negotiate one. In the event he cannot, he will provide the signed listing agreement within 10 days with the same terms as the Verow agreement. 5. Scott Pedersen has executed in advance Jan Verow's listing contract. Donna Pedersen will execute in return a listing contract as set forth in paragraph 3 above within 10 days of its provision to her. This listing contract will utilize the same terms as the listing contract prepared by Jan Verow. 6. Paragraph 4 of the Court's order of May 7, 2007, pertaining to custody shall be amended as follows: Commencing 2008, aside from the holiday schedule, each party shall be entitled to two 11 day vacations with 30 days advance notice to the other parent, which period shall not be exercised over the other parent's week of primary physical custody, as sat out in paragraph 2 of the order. Each 11 day vacation period shall include all days with vacationing parent's week of primary custody, and shall extend into the other parties custodial time by 4 days. For 2007, mother may exercise one additional 11 day period over father's week of primary custody, not to include a week in August. Father may take his already planned vacation from August 16th to August 26th, 2007. 7. Mrs. Pedersen withdraws, with prejudice, her Petition for Contempt of the Custody Order and for Special Relief and the Amended Petition. Mr. Pedersen withdraws, with prejudice, his Petition for Sanctions. 8. Husband will provide to wife for her review and signature all offers for the purchase of the subject properties and any lease agreements which he proposes to have signed by tenants. rol J. Lindsay, Esquire 6 West High Street Carlisle, PA 17013 For Plaintiff By the Court, Steven Howell, Esquire 619 Bridge Street New Cumberland, PA 17070 For Defendant :mae TRUE C®V a ?n Teg r n,? . - h-prse, Nam. EorrA:c- set my #an, Sol ;' feu at adi*, ft ! tIAL DONNA K. PEDERSEN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW THOMAS S. PEDERSEN, Defendant 07-1287 CIVIL TERM IN RE: MOTION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 27th day of December, 2007, upon consideration of Plaintiff's Motion for Special Relief, and following a conference in chambers in which Plaintiff was represented by Dean E. Reynosa, Esquire, and Defendant was represented by Steven Howell, Esquire, and pursuant to an agreement of counsel, it is ordered and directed as follows: 1. Within 30 days of today's date Defendant shall bring the mortgage involved in this matter current; and 2. In the event that Defendant does not do so, the parties shall execute a listing agreement for sale of the property within 40 days of the date of this order, in accordance with the prior order. Dean E. Reynosa, Esquire 26 West High Street Carlisle, PA 17013 For Plaintiff Steven Howell, Esquire 619 Bridge Street New Cumberland, PA 17070 For Defendant :mae By the Court, (26 J its, /h& L t sc 1 N LW O C co N U:LLi C..a i ca Z c LL o ° 0 cj Page 1 of '2 Carol J. Lindsay From: "Jan Verow" <janverow@remax.net> To: "Barb Steel" <bsteel@sfl-law.com>; "Carol Lindsay" <clindsay@sfl-law.com> Cc: "Donna Pedersen" <dkp.angeis@yahoo.com> Sent: Wednesday, September 24, 2008 12:39 PM Subject: Fw: Re: 3109 Front St/Scott's reply I'll be in the wings, waiting for further instructions. ,Tan Verow RE/MAX 1 st Advantage 6375 Mercury Drive Mechanicsburg, PA 17050 717-591-5555 Office 717-385-3060 Cell 866-839-9100 Toll Free 717-591-7273 Fax www.mylstadvantaize.com janverow@remax netnet --- On Wed, 9/24/08, spedersen@obventio.com <spedersen@obventio.com> wrote: From: spedersen@obventio.com <spedersen@obventio.com> Subject: Re: 3109 Front St To: janverow@remax.net Date: Wednesday, September 24, 2008, 11:46 AM Hi Jan, I know that Carole had asked you to contact me but the property is not for sale. I would hold off on setting up any time to work up a listing agreement. But Thank you for the willingness and thought. very truly yours, Scott --- Original Message --- From: Jan Verow To: Scott Pedersen Sent: Wednesday, September 24, 2008 11:22 AM Subject: 3109 Front St Hi Scott, I have been asked to prepare a listing agreement for your property on at 3109 Front St in Harrisburg. I would like to meet with you, at your convenience, to take a look at the building and discuss the particulars. What day and time would work for you? ,Tan Verow RE/MAX 1st Advantage 6375 Mercury Drive Mechanicsburg, PA 17050 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsifications to authorities. Donna K. Pedersen Date: lb-13 -0 S SAMIS, FLOWER & LINDSAY AT[ORIEYS.A AW 26 West High Street Carlisle, PA CERTIFICATE OF SERVICE On this / 9 day of October, 2008, I, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, FLOWER & LINDSAY, hereby certify that on this date a copy of the attached document was served on the following individual, via first class mail, postage prepaid, addressed as follows: Steven Howell, Esquire 619 Bridge Street New Cumberland, PA 17070 SAIDIS, FLOW-ER & LINDSAY Carol J-Unds , Es uire Supreme Cou o. 44693 26 West High Street Carlisle, PA 17013 717-243-6222 SAIDIS, FLOWER & LINDSAY V15FW •AT-UW 26 West High Street Carlisle, PA a?r?,r.? ?? -- r .? ? ..' ?:` ?,? * ,? ?, . '' .c- -. ?? {x ? ? C,} ?? --? DONNA K. PEDERSEN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW THOMAS S. PEDERSEN, : Defendant NO. 07-1287 CIVIL TERM ORDER OF COURT AND NOW, this 15th day of October, 2008, upon consideration of Plaintiff's Petition for Contempt of a Court Order, a hearing is scheduled for Monday, December 15, 2008, at 3:00 p.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. ?ol J. Lindsay, Esq. 26 West High Street Carlisle, PA 17013 Attorney for Plaintiff J b" ven Howell, Esq. 619 Bridge Street New Cumberland, PA 17070 Attorney for Defendant :rc BY THE COURT, P 91=E bid 91 130 BDQZ 1?idlJrivUd 3Hl JO K40- MY DONNA K. PEDERSON IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 07-1287 CIVIL TERM THOMAS S. PEDERSEN Defendant DIVORCE AND CUSTODY MOTION FOR APPOINTMENT OF MASTER Thomas S. Pedersen (Plai#i€f) (Defendant), moves the court to appoint a master with respect to the following claims: (X) Divorce (X) Distribution of Property ( ) Annulment ( ) Support (X) Alimony (X) Counsel Fees (X) Alimony Pendente Lite (X) Costs and Expenses and in support of the motion states: (1) Discovery (is) (is not) complete as to the claim(s) for which the appointment of a master is required. (2) The defendant (has) (has no ) appeared in the action (persenally) (by his attorney, Steven Howell, Esquire). (3) The statutory ground(s) for divorce (is) (are) 3301 (c) 3301 (d). (4) Delete the inapplicable paragraph(s): (a) The aefien is not . (b) An agreement has been reached with respect to the following claims: None. (c) The action is contested with respect to the following claims: All. (5) The action (invelves) (does not involve) complex issues of law or fact. (6) The hearing is expected to take 1 (hems) (days). (7) Additional Information, if any relevant to the motion: c' Date: l D Z34& Attorm-? for (PlakAi€I) (Defendant) Howell, Esquire ORDER APPOINTING MASTER AND NOW 52008, , Esquire is appointed master with respect to the following claims: Divorce, Alimony, Alimony Pendente Lite, Property Distribution, Counsel Fees, Costs and Expenses. By the Court: i. . ?"? `T"I , . x °-°{ J ?.: ? s-?s _?:? ?.}} NOV 0 4 2000 &, DONNA K. PEDERSON IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 07-1287 CIVIL TERM THOMAS S. PEDERSEN Defendant DIVORCE AND CUSTODY MOTION FOR APPOINTMENT OF MASTER Thomas S. Pedersen (Plaimi ) (Defendant), moves the court to appoint a master with respect to the following claims: ( X) Divorce ( ) Annulment (X) Alimony ( X ) Alimony Pendente Lite (X) Distribution of Property ( ) Support (X) Counsel Fees (X) Costs and Expenses and in support of the motion states: (1) Discovery (is) (is not) complete as to the claim(s) for which the appointment of a master is required. (2) The defendant (has) (has-Het) appeared in the action (pefsei ) (by his attorney, Steven Howell, Esquire). (3) The statutory ground(s) for divorce (is) (are) 3301 (c) 3301 (d). (4) Delete the inapplicable paragraph(s): (a) The aefien is net eentested. (b) An agreement has been reached with respect to the following claims: None. (c) The action is contested with respect to the following claims: All. (5) The action (ifivehvs) (does not involve) complex issues of law or fact. (6) The hearing is expected to take 1 (hems) (days). (7) Additional Information, if any relevant to the motion: Date: j 0 a' .y for (Aa4A4M (Defendant) Howell, Esquire ORDER APPOINTING MASTER AND NOW 2008, 0 A, Esquire is appointed master with respect to the following claims: Divorce, Alimony, Alimony Pendente Lite, Property Distribution, Counsel Fees Costs and Expenses sJ I'* "7 ,? J•, W r y • ri ?-u ?A 6 . 1 DEC 2 2 ZOO/ DONNA K. PEDERSEN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 0 7-/a B 7 Cu u-e?i THOMAS S. PEDERSEN, Defendant DIVORCE AND CUSTODY ORDER OF COURT ENTERED ON THE STIPULATION OF THE PARTIES AND NOW, this day of December, 2008, upon consideration of the Agreement of the Parties, it is hereby ordered and directed as follows: 1. A hearing on Plaintiffs Petition for Contempt of a Court Order filed on October 14, 2008 is hereby continued to the ItL day of X?' A4tJ-----' , 200J _ at i-I OCR o'clock A--M in Courtroom Number 1 at the Courthouse in Carlisle, Pennsylvania. In the event that Defendant complies with the terms of this Court Order, Plaintiff will agree to a further continuance of the hearing on her Petition for Contempt and will withdraw such Petition when the property at 3109 North Front Street in Harrisburg, Pennsylvania is sold provided there has been no violation by Defendant of the terms of this Order. 2. Within twenty-four (24) hours of request by Plaintiff, Defendant will permit any SAIDIS, FLOWER. & LR* DSA Y ATIUMNEVS•M.1A 26 West High St •eet Carlisle, PA real estate agents requested by Plaintiff to enter 3109 North Front Street in Harrisburg, Pennsylvania for an inspection and the preparation of listing agreements. 3. Plaintiff will choose the listing agent. Defendant will sign any listing agreement by the real estate agent chosen by Wife to list the property within forty-eight (48) hours of presentation of the listing agreement and he will, at the same time, complete any disclosure and provide any other information required by the listing agent. 4. Defendant will maintain the property in good order for showing and cooperate with any reasonable request for showing made by the listing agent so long as the agent provides twelve (12) hours advance notice. Defendant will accept any offer for sale of the property that Plaintiff finds acceptable, subject to terms of a letter between counsel of December 15, 2008. No lockbox shall be placed on the property. 5. Within ten (10) days of the date of this Agreement, Defendant will pay to Plaintiff's counsel One Thousand Dollars ($1,000.00) on account of attorney's fees. 6. Any violation of the terms set out in paragraphs 2 through 5, shall be deemed a contempt of court for which one sanction shall be that Defendant shall remove himself and his practice and all his possessions from 3109 North Front Street, Harrisburg, Pennsylvania. BY THE COURT, JIJ SAM] '31, FLOWE t& LENDS W MUGMEYS-Al W 26 West High treet Carlisle, I Concurrence Thomas S. Pedersen Donna K. Pedersen Date Date Q?, - 15 - O'j-!? 1 i_ .1 Steven Howell, Esquire Howell Law Firm 619 Bridge Street New Cumberland, PA 17070 (717) 770-1277 Supreme Court ID 62063 Attorney for Defendant DONNA K. PEDERSON Plaintiff V. THOMAS S. PEDERSEN Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-1287 CIVIL TERM DIVORCE AND CUSTODY MOTION TO COMPEL PRODUCTION OF DOCUMENTS AND DISCOVERY FROM THE PLAINTIFF 1. On October 31, 2008 the Defendant by and through his counsel served Plaintiff's Counsel with a request for Production of Documents: Second Set, which is attached hereto as Exhibit "A", by mail and fax. 2. United States Postal Form 152 bearing a mailing date of October 31, 2008 appears on the fifth page of Exhibit "A" showing service by mail. 3. Plaintiff's counsel received this package as shown on Exhibit "B" on November 3, 2008. 4. Fax confirmation dated October 31, 2008 shows that the fax was sent to Plaintiff's Counsel and appears on the last page of Exhibit "A". 5. The thirty (30) days to respond to the Defendant's Production of Documents: Second Set expired on December 3, 2008. 6. Pennsylvania Rule of Civil Procedure 4009.12 (a) requires a party to "serve an answer including objections to each numbered paragraph in the request... within thirty days after service of the request [for production of documents and interrogatories]". 7. Plaintiff's failure to respond to the original requests for production within 30 days constitutes a waiver to object to the production at this time. Our Supreme Court in Nissley v PA. R.R. Co., 435 Pa. 503, 259 A.2d 451 (1969) would not allow a party to object to interrogatories outside the time limits prescribed by the rules. A party's failure to timely object to discovery constitutes a waiver. See Mountain View Condominium Owners'Association v Mountain View Associates, 9 Pa. D. & C. 2d 487 (1965), Burda v. Cesare, 50 Pa. D. & C. 3d 354 at 357 (1988), Bonk v Block, 12 Pa. D. & C. 3d 749 (1980), Frank v Pennsylvania, 38 Pa. D. & C. 2d 487 (1965), and Construction of Vine Street Extension, 18 Pa. D. & C. 2d 115 (1959). In 1991 the Chester County Court of Common Pleas summarized the rule as: "[W]e hold that an objection to interrogatories or other discovery or an application for a protective order must be filed before the party seeking discovery has filed a motion for sanctions, or other motion seeking to enforce compliance with the discovery request, or else such objection or the grounds upon which the protective order is sought shall be waived. " 9 Pa. D. & C. 4th at 83. 8. Since Plaintiff has waived any objections by not responding in any fashion to the discovery request, she is required to provide full and complete responses to each document request. Furthermore, Plaintiff is not entitled to object at this time to any of the requested documents because the objection is untimely. 9. This discovery matter has not been assigned to a Judge. Prior proceedings have been heard by the Honorable J. Wesley Oler. 10. Plaintiff's counsel was asked to concur with the requested relief following her receipt of the Motion to Compel by fax on December 30, 2008. Any response is attached as Exhibit "C". In the event of no response by January 2, 2009 it should be assumed Plaintiff opposes the requested relief. WHEREFORE, Defendant requests this Honorable Court to direct the Plaintiff to provide the documents set forth in the Request for Production within thirty (30) days and ward counsel fees and a sanction against Plaintiff. Respectfully submitted, BY: ; WWell Law Firm I 619 Bridge Street New Cumberland, PA 17070 (717) 770-1277 Supreme Court ID 62063 Attorney for Defendant CERTIFICATE OF SERVICE I hereby certify that on the date set forth below one true and correct copy of the foregoing document was served upon the persons and in the manner indicated below which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure. Service upon opposing Counsel by First Class, Postage Prepaid US. Mail. Carol Lindsay, Esquire Sadis, Flower & Lindsey 26 West High Street Carlisle, PA 17013 By: Date: January 2, 2009 VERIFICATION I/we verify that the statements made in the foregoing document are true and correct. I/we understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unswornialsification to authorities. By: StevenXwelJ?Esq Date: January 2, 2009 HOWELL LAW FIRM 619 Bridge Street, New Cumberland, Pennsylvania 17070 Telephone 717-770-1277 Fax 717-770-1278 TO: ?A( \ L?nc?.s Es ?P FAX NUMBER: 1 3 6 y Y6 FROM: Vl STEVEN HOWELL, ESQUIRE DATE: W 13A J QS TIME: 3 3 d pot &S 7 TOTAL PAGES: (o (INCLUDING COVER PAGE) SUBJECT: Q??ersen "ecLa-P4 4- IMPORTANT NOTICE This information contained in this message is confidential and may be attorney client privileged and it is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination or distribution of this communication to anyone other than the intended recipient is strictly prohibited. If you have received this communication in error, please notify us by telephone immediately and return the original message to us at the above address via the United States Mail. If you have any questions regarding this transmission please telephone (717)770.1277 between 8:00 AM and 4:00 PM Eastern Standard Time. Thank you. DONNA K. PEDERSEN IN THE COURT OF COMMON PLEAS PLAINTIFF OF CUMBERLAND COUNTY PENNSYLVANIA VS. CIVIL ACTION - LAW THOMAS S. PEDERSEN DEFENDANT NO. 07-1287 CIVIL TERM DEFENDANT'S REQUEST FOR PRODUCTION OF DOCUMENTS: SECOND SET To: Plaintiff Donna K. Pedersen c/o Carol J. Lindsay, Esquire 26 West High Street Carlisle, PA 17013 AND NOW, the 31TH day of October 2008 pursuant to Pa. R.C.P. 4009.1 and 4009.11, as amended, the Defendant, by and through his attorney, Steven Howell, Esquire of 619 Bridge Street, New Cumberland, Pennsylvania 17070, hereby request that Plaintiff make the following original documents available for inspection and copying within thirty (30) days after service of this Request at the Howell Law Firm, 619 Bridge Street, New Cumberland, Pennsylvania 17070. The term document includes the definition set forth in Pa. R.C.P. 4009.1 as amended. Specific Requests: Produce all documents generated, prepared, transmitted, delivered, stored, possessed and/or maintained by the Plaintiff, his counsel or anyone acting under his control or upon his behalf related to the following matters: Plaintiff's 2006 and 2007 (when filed) individual Federal Income Tax Return with all supporting schedule and forms including but not limited to schedules "A","B","C" and all depreciation forms. 2. Provide copies of all 1099s and W-2s from any payor or employer for 2005, 2006 and 2007. Copy of year to date pay stub for 2008. 4. Copies of all 401 (k) statements (monthly/quarterly/yearly) from January 1, 2002 to present in which Plaintiff has any legal or equitable ownership interest. This request specifically includes any documentation showing any loans against the 401 (k) plans 5. Copies of all individual retirement account (IRA) statements from January 1, 2002 to present in which Plaintiff has any legal or equitable ownership interest. 6. Copies of the beneficiary designation page for each term and universal life insurance policy naming the Plaintiff, Defendant or either child as the insured or beneficiary in your possession. Provide copies of the latest monthly or quarterly account statements for any bank, credit union, or other financial institution in which the Plaintiff is an owner or co- owner. (This request covers active or inactive / closed accounts between January 1, 2005 and present). Provide copies of any psychological or psychiatric evaluations of the Plaintiff. 9. Provide copies of any documents you intend to introduce at the trial of this matter. 10. Copies of all inventories submitted to any insurance company since January 1, 2001 for personal property in which the Plaintiff claims to own any legal or equitable interest. 11. Copies of any insurance claims made by Plaintiff from December 21, 2007 to present. 12. Copies of all loan applications submitted by the Plaintiff to any lender (bank, savings bank, credit union, mortgage broker or other financial institution) from January 1, 2002 to present. 13. Copies of all private investigator reports in Plaintiff's possession or that of his counsel. 14. Copies of any employment contracts with Plaintiff's employers since January 1, 2002 to present. 15. Copies of any documents showing marital debt for which the Plaintiff intends to assert an equitable distribution claim since December 21, 2007 Plaintiff s response to Defendants Production of Documents First Set Request. 16. Copies of any documents showing payments of marital debt for which the Plaintiff intends to assert an equitable distribution claim since December 21, 2007 Plaintiff's response to Defendants Production of Documents First Set Request. 17. Copies of any correspondence between Plaintiff, Plaintiff's counsel and the Internal Revenue Service or any other regulatory or licensing authority concerning the Defendant. Respectfully submitted, BY: ,R6well Law Firm 619 Bridge Street New Cumberland, PA 17070 (717) 770-1277 Supreme Court ID 62063 Attorney for Defendant CERTIFICATE OF SERVICE I hereby certify that on the date set forth below a true and correct copy of the foregoing document was served upon the persons and in the manner indicated below which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure: Service upon Counsel by First Class, Postage Prepaid U.S. Mail. Carol J. Lindsay 26 West High Street Carlisle, PA 17013 Date: _ 4i / b C? U.S. Postal Service DellverY C0nfiM8ddReceipt _, p~ and Del" CatrB -dw fees mud be Dead before maft S M& Sint To: M be oo *ftd h?1 M804 .. s Gl'A f?OL ?/IUtaUfy ?f'?r?at C3 t76t3 PMAL CURT ER. ° ?. .. this race( inquires: ° r i OCT 1 \ ` irMn* • at > ° m 31 livwusps.com for qii 1-800-222-1811 C3 20(}? ON E(POSTAL MoNn C3 ?FM-cuss M?ParC0 ° 0Psc mV SW*" P9MM PS r-«m 162, My/ 2002 R"'a'0f VERIFICATION Uwe verify that the statements made in the foregoing document are true and correct. Uwe understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. BY: Donna K. Pedersen Date: TRANSMISSION VERIFICATION REPORT TIME 10/31/2008 15:25 NAME HOWELL LAW FIRM FAX 7177701278 TEL SERA 000A6J528632 DATE DIME FAX NO./NAME 10/31 15:23 DURATION 2436486 PAGE(S) 00:01:59 RESULT OK MODE STANDARD ECM . USPS - Track & Confirm Track Confirm Page 1 of 1 ° Search flesultt Label/Receipt Number: 0308 0730 0000 6071 4414 Status: Delivered ? trek & Conte Enter Label/Receipt Number. Your item was delivered at 10:55 AM on November 3, 2008 in CARLISLE, PA 17013. 0 ttet'a?ts > R i? ?t$P84+ Nr?+»®?? ? 3, { O Site Mao Contact Us Forms Gov't services Jobs Privacy Policy Terms of Use National & Premier Account3 Copyright01999-2007 USPS. All Rights Reserved. No FEAR Act EEO Data FOIA 40?f p http://trkenfrml .smi.usps.com/PTSIntemetWeb/InterLabelInquiry.do 12/30/2008 Track & Confirm r c,-I r DONNA K. PEDERSON : Plaintiff V. THOMAS S. PEDERSEN Defendant JAN 0 a2009 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-1287 CIVIL TERM DIVORCE AND CUSTODY RULE TO SHOW CAUSE AND NOW, this _?Zlay of 2009 it is hereby ORDERED that r the Plaintiff shall show cause if any she might have why the relief requested in the foregoing Motion to Compel should not be granted. Rule returnable within ? days of service by postage prepaid, first class United States Mail upon the Plaintiff's counsel. BY THE COURT: Certified Copies to: ,/ Steven Howell, Esquire (Defendant's Counsel) Howell Law Firm 619 Bridge Street New Cumberland, PA 17070 ? Carol Lindsay, Esquire Sadis, Flower & Lindsey 26 West High Street Carlisle, PA 17013 nl?? 11cc-L r L N S CL- } 1 F s C LU L.IJLU W. 1 t? G? rr t y DONNA K. PEDERSEN, Plaintiff V. THOMAS S. PEDERSEN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-1287 CIVIL TERM DIVORCE AND CUSTODY PLAINTIFF'S RESPONSE TO DEFENDANT'S REQUEST FOR PRODUCTION OF DOCUMENTS: SECOND SET SAMIS, FLONVER &-- LINDSAY 26 West High Street Carlisle, PA To: Thomas S. Pedersen Go Steven Howell, Esquire 619 Bridge Street New Cumberland, PA 17070 2006. 1. Attached is the 2007 individual Federal income tax return. None was filed for 2. Attached is the 2007 W2 and 1099. Plaintiff does not have any of those documents for 2005 or 2006. 3. Attached is a year-to-date pay stub for 2008. 4. No documents in Plaintiff's possession. 5. No documents in Plaintiff's possession. 6. No documents in Plaintiff's possession. 7. Attached are statements for the Plaintiff's PSECU checking account, PSECU savings account and Commerce Bank checking from January 12, 2001. 8. No documents in Plaintiff's possession. 9. Plaintiff has not identified the documents she intends to introduce at trial in this matter and they will be provided at the appropriate time. 10. No documents in Plaintiff's possession. 11. No documents in Plaintiffs possession. 12. No documents in Plaintiff's possession. 13. No documents in Plaintiff's possession. 14. No documents in Plaintiff's possession. 15. Plaintiff is not aware of any documents which evidence an equitable distribution claim but as discovery is ongoing, she reserves the right to present such documents in advance of trial. 16. Plaintiff has not identified claims for payment of marital debt since December 21, 2007, but she reserves the right to make such a claim and will provide the documents as soon as they are identified. 17. Attached is a request for relief from joint liability filed by the Plaintiff with the Internal Revenue Service. SAIDIS, FLOWER & LINDSAY C U? 4 A, d C in sa , quire Supr ourt ID No. 44693 26 West High Street Carlisle, PA 17013 717-243-6222 Dated: I -A p - 0 ° SAIDIS, FLOWER & LIlVDS" 26 West High Street Carlisle, PA :TURN BY APRIL 15, 2008 TO: ?PITAL TAX COLLECTION BUREAU e back of "Taxpayer's Copy" of return f dresses, phone numbers, and office urs. A separate sheet of self-stick address els are enclosed for mailing your retum. LOCAL EARNED INCOME TAXI` RETURN (FORM 531-SMSD)i;r SOUTH MIDDLETON SCHOOL DISTRICT 2007 www.cal)tax.com CONSTITUTE bROOF OF FILING, THE TAXPAYER'S COPY NIutS.l I LIDATED BY THE BUREAU. TO HAVE YOUR COPY VALIDATED BY " TURN BOTH THE BUREAU'S AND TAXPAYER'S COPIES ALONG WITH A SE DRESSED STAMPED ENVELOPE. J ??ry W-2 EARNINGS (From attached W-2's) 1 EMPLOYEE BUSINESS EXPENSES (Attached Federal Forrr&f06 & State Schedule UE) 2 TAXABLE W-2 EARNINGS LESS EBEs (Subtract Line 2 from Line 1) 3 OTHER TAXABLE EARNED INCOME (NO INTEREST OR DIVIDENDS) LIST TYPE: 4 TOTAL TAXABLE EARNED INCOME (Add Lines 3 and 4) 5 NET PROFIT(S) FROM BUSINESS, PROFESSION OR FARM (Attach Federal and State Schedules C, F and/or K 1(1065)) 6 / / 7 ,7 NET LOSS(ES) FROM BUSINESS, PROFESSION or FARM (Attach Federal and State Schedule C, F and/or K-1 (1065)) 7 Subtract Line 7 from Line 6 (IF LESS THAN ZERO, ENTER ZERO). 8 J 7 S REQUIRED FOR INFORMATI P - . y; ''Lfi r'tVet Subchal5ter S`Corporation pakr=thru Net Profit(s)/Loss(es) as re rted-on yo?Lr_,Fir ) raturtl 9 TOTAL TAXABLE EARNED INCOME AND NET PROFITS (Add Lines 5 and 8) 11 SOUTH MIDDLETON SCHOOL DISTRICT TAX RATE 12 0.011 0,011 TAX LIABILITY: Multiply Line 11 by Line 12 13 77 TOTAL LOCAL INCOME TAXES WITHHELD, EXCEPT PHILADELPHIA INCOME TAX (Oomplete "Chart A" on the reverse side of the "Bureau's Copy of the return to determine the correct entry/entries for this line. Also attach a copy of the W-2 form provided by each of your employers.) 14 _,. QUARTERLY PAYMENTS AND/OR LAST YEAR'S OVERPAYMENT CREDITED TO THIS YEAR 15 CREDITS FOR TAXES PAID TO PHILADELPHIA AND/OR STATES OTHER THAN PA (ATTACH SCH. G) 17 TOTAL WITHHOLDINGS & PAYMENTS (Add Lines 14, 15 and 17) 19 OVERPAYMENT (Subtract Line 13 from Line 19) IF LESS THAN ZERO, ENTER ZERO 20 OVERPAYMENT TO BE REFUNDED 21 Taxpayer "A", "B", or "BOTH" Savings or Checking Acct. ROUTING NO. ACCOUNT NO. "• OVERPAYMENT TO BE CREDITED TO NEXT YEAR'S TAX 22 OVERPAYMENT TO BE CREDITED TO SPOUSE'S BALANCE DUE FOR THIS FILING YEAR 23 TAX BALANCE DUE (Subtract Line 19 from Line 13) PAYMENT NOT NECESSARY IF LESS THAN $1.00 24 INTEREST & PENALTY (See Instructions) 25 TOTAL BALANCE DUE (Add Lines 24 and 25) Make check payable to "CTCB" •• YOUR RESIDENT MUNICIPALITY DAYTIME PHONE NUMBER (TOWNSHIP, BOROUGH, OR CITY) UTH MIDDLETON TWP (SD FILING ONLY) 1201 7/7 24-q-4 26 Z YOUR CTCB ACCOUNT F t_ p YOUR NAME • is ' NUMBER (IF KNOWN) A - s.- ... P E- r (LAST, FIRST. MI) SPOUSE'S CTCB ACCOUNT SPOUSE'S NAME NUMBER (IF KNOWN) (LAST, FIRST MI) VE YOU MOVED FROM THE ? YES If YES, you mull complete a single R L GINNING OF THE TAX FILING Schedule P and a separele final return F 531 f h CTCB WIME A a AR TO PRESENT? orm ) or eac ( municipality in ? ND ADDRESS i h L 4 F- A 1 which you reelde curing the tax year. UNDER AND STATEMENTS. a ANDTOTHEBES-fOF MY • UR SIGNATURE DATE Yount Zg ? ? ?C ,?-Z DUSE'S SIGNATURE (ONLY IF ALSO FILING ON THIS FORM) DATE SPOUSE'S OCCUPA71tN1(ONLY IF ALSO FILING ON THIS FORM) NAME (OR 070011001,8 R PA-40 2007 (09-07) Pennsylvania Income Tax Return PA Department of Revenue, Harrisburg, PA 17129 OFF-ICiA[_ ,37 f;.; PLEASE PRINT IN BLACK INK. ENTER ONE LETTER OR NUMBER IN EACH BOX. FILL IN OVALS COMPLETELY. Your Social Security Number Spouse's Social Security Number (if filing jointly) .°... Extension. See the instructions. L . Z J 2- j C I ?••1 Amended Return. See the instructions. Residency Status. Fill in only one oval. Last Name Silffix ' R Pennsylvania Resident C f? A J N Nonresident P Part-Year Resident from Your First Name ml . r._- 12007 to 12007 . V ` ti4A IL tj o i, - •; Filing Status. Fill in only one oval. I 1__ S Si l Spouse's First Name MI - -, _ _ ng e J Married, Filing Jointly t11111111W M Married, Filing Separately Spouse's Last Name - Only if different from Last Name above SuffFX T_- F Final Return. Indicate reason: First Line of Address 00D Second Line of Address 044 .City or Post Office State ZIP Code Daytime Telephone Number School Code .? 5"' ' ?_, 26 2 l3 1 a. Gross Compensation. Do not include exempt income, such as combat zone pay and qualifying retirement benefits. See the instructions. la. 1b. Unreimbursed Employee Business Expenses . ................................. 1b. 1c. Net Compensation. Subtract Line 1b from Line 1a .......... . .................... 1c. 2. Interest Income. Complete PA Schedule A if required. 2. 3. Dividend and Capital Gains Distributions Income. Complete PA Schedule B if required... 3- 4. Net Income or Loss from the Operation of a Business, Profession, or Farm. ... "` 4. 5. Net Gain or Loss from the Sale, Exchange, or Disposition of Property. ....... "'- 5. O$$ 6. Net Income or Loss from Rents, Royalties, Patents, or Copyrights. .......... _ 6. 7. Estate or Trust Income. Complete and submit PA Schedule J . .................... 7. 9. e 07. 0 ! -/26• 8. Gambling and Lottery Winnings. Complete and submit PA Schedule T. 8. 9. Total PA Taxable Income. Add only the positive income amounts from Lines 1c, 2, 3, 4, 5, 6, 7, and 8. DO NOT ADD any losses reported on Lines 4. 5, or 6 .............. 9. 70 10. Other Deductions. Enter the appropriate code for the type of deduction. See the instructions for additional information. 10. 11, Adjusted PA Taxable Income. Subtract Line 10 from Line 9. ..................... 11. j 0 Side 1 EC OFFICIAL USE ONLY FC 0700110018 0700110018 D Deceased. Date of death _ /_, /2007 Identification Label Change. . Fill in this oval if the label is not completely correct. Discard the incorrect label. Fill in this oval if you did not file a 2006 PA tax return. z Farmers. Fill in this oval if at least two-thirds of your gross income is i from farming. Name of school district where you lived J f on 12/31/2007 Your occupation Spouse`s occupation n7no220a15 PA-40 2007 Social Security Number (shown first) _/?Ji _ - - 2 V 2 92- .s -3 i ? Name(s) DQ.0Vv?..L doa4. /"b ?t? 12. PA Tax Liability. Multiply Line 11 by 3.07 percent (0.0307) ...................... 12. / • 13. Total PA Tax Withheld. See the instructions. .................... ........... 13. 6 14. Credit from your 2006 PA Income Tax return. ................................. 14. • 15. 2007 Estimated Installment Payments. ........:............................. 15. 16.2007 Extension Payment ........ ..................... .,................... 16. 17. Nonresident Tax Withheld from your PA Schedule(s) NRK-1. (Nonresidents only) .... 17. • 18. Total Estimated Payments and Credits. Add Lines 14. 15, 16, and 17 ............. 18.• Tax Forgiveness Credit, submit PA Schedule SP Dependents, Part 8, Line 2, 19a. Filing Status: Unmarried or Married Deceased 19b. PA Schedule SP........... . Separated 20. Total Eligibility Income from Part C, Line 11, PA Schedule SP. 21. Tax Forgiveness Credit from Part D, Line 16, PA Schedule SP. ,21. 22. Resident Credit. Submit your PA Schedule(s) G-R with your PA Schedule(s) G-S, .G-L, and/or RK-1 .................................... 22. • 23. Total Other Credits. Submit your PA Schedule OC.•.. . ........................ 23. 24. TOTAL PAYMENTS and CREDITS. Add Lines 13, 18, 21, 22, and 23. 24. 25. TAX DUE. If Line 12 is more than Line 24, enter the difference here. . ........ 25. 7 • 26. Penalties and Interest. See the instructions for additional information. Fill in oval if including Form REV-1630. .... 26. - 27. TOTAL PAYMENT. Add Lines 25 and 26 . .................................... 27. 28.. OVERPAYMENT. If Line 24 is more than the total of Line 12 and Line 26, enter the difference here ............................................ .......... 28. The total of Lines 29 through 35 must equal Line 28. 29. Refund - Amount of Line 28 you want as a check mailed to you......... REFUND 29. • 30. Credit - Amount of Line 28 you want as a credit to your 2008 estimated account. .... 30. • 31. Amount of Line 28 you want to donate to the Wild Resource Conservation Fund.... 31. 32. Amount of Line 28 you want to donate to the Military Family Relief Assistance Program. ................................................ 32. 33. Amount of Line 28 you want to donate to the Governor Robert P. Casey Memorial Organ and Tissue Donation Awareness Trust Fund . ......................... 33. 34. Amount of Line 28 you want to donate to the Juvenile (Type 1)'Diabetes Cure Research Fund ............. ........................................ 34. 35. Amount of Line 28 you want to donate to the Breast and Cervical Cancer Research Fund ......................................................... 35. SIGNATURE(S). Under penalties of perjury, I (we) declare that I (we) have examined this return, including all accompanying schedules and statements, and to the beat of my (our) belief, they are true, correct, and complete. , `'Cur 9yr.21 u-e ;Laic VreDa(er? c:1P•! ;..?Ti:?i _ ---1 2 2 Q filing ioinUy !,Jame am- ie!eprione, tum&4 PLEASE DO NOT CP.LL.nDOUT YOU? REFUND UNTIL -:K-';H-f WEEKS AFTER YOU i 11.7. Side 2 0700220015 0700220015 J J 0701510026 PA SCHEDULE C-F. PA-40 Schedule C-F (09-07) (1) 2007 OFFICIAL USE ONLY - If you need more space, you may photocopy. Adjusting Taxable Income for Pennsylvania Income Tax Pu ses Name of business owner Social Security Number (shown first) DONNA K PEDERSEN I 202-52-3315 Business Name I EIN, if applicable Business Address Telephone Number PA Sales Tax License No., if applicable General Information, Pennsylvania Personal Income Tax law and the Internal Revenue Code contain many differences that affect the amount of your reportable income. You should complete and submit a PA Schedule C or PA Schedule F using the books and records you maintain for PA income tax purposes. However, you may use this schedule to make the adjustments to your federal schedule that PA law requires. See the Department's instructions. 1. Gross Income from Federal Schedule C or Federal Schedule F . . . ...... . ................ . . . .................. 1. 1726 2. Total Expenses from Federal Schedule C or Federal Schedule F . ..................................... . ...... 2. 3. Net Profit/Loss from Federal Schedule C or Federal Schedule F. ...(If a net loss, check the box). LOSS o 3. 1726 Increase your PA taxable income for differences between PA Income tax and federal income tax taws. 4. Advance receipts for goods and services that you did not report for federal purposes . .......................... 4. 5. Working capital interest and dividend income that you reported on another federal schedule ..................... S. 6. Gains from sales of business assets that you reported on a federal schedule. . . . . . .... . ..... . . . 6. 7. Gains from tike-kind exchanges that you did not report for federal purposes ..................................... 7. 8. Gains on involuntary conversions (IRC Section 1033) . ................. . . . ...... . . . .... . . . . . . ................. 8. 9. Gains from sales of business property where PA basis is different than federal basis. ......... . .... . . ........... 9. 10. Income taxes you paid that you deducted for federal purposes. .. _ .. _ .. ............ 10. 11. Bonus depreciation. PA law does not allow any federal bonus depreciation. See the instructions. . ............... 11. 12. Other depreciation expenses deducted for federal purposes that PA does not allow ............................. 12. 13. Income from cancellation of debt that PA treats differently from federal rules . ....................... . .......... 13. 14. Increases in income resulting from spread associated with IRC Section 481(a) adjustments . ----- .............. 14. 15. Income from obligations of other states and organizations that is exempt for federal purposes, but not exempt for PA purposes .................................................... ......_................... 15. 16. Payments for owner pension, profit-staring or deferred income plans. ..... . . .. . ........ . ......... . ............ . 16. 17. Percentage depletion .................................................................. _ ...................... 17. 18. Direct expensing of amortization for federal purposes_ ......................................................... 18. 19. Other increases for PA income tax purposes - itemize: 19. 20. Total Adjusted PA Income. Add Lines 3 through 19. ........................ .. 20. 1726 21. Decreases for PA income tax purposes -itemize: ........ 21. 22. Net PA Taxable incomefL.oss from the Operation of a Business, Profession, or Farm. _ Subtract Line 21 from Line 20. Include on Line 4 of your PA-40...... (if a net loss, check the box). LOSS U i 22. 17261 1 0701510026 0701510026 ?....1 0701910028 PA SCHEDULE W-2S WAGE STATEMENT SUMMARY PA-40 W-2S (09-07) (1) 2007 OFFICIAL USE ONLY Summary of PA Taxable Employee, Non-employee, and Miscellaneous Compensation Name shown first on the PA-40 (if filing jointly) Social Security Number (shown first) DONNA PEDERSEN 202-52-3315 Use this schedule to list and calculate your total PA taxable compensation and PA tax withheld from all sources. Part A Instructions: List each Federal Form W2 for you and your spouse, if married, received from your employer(s). In the first column enter T for the taxpayer's Social Security Number that appears first on the PA tax return and enter S for the second or spouse SSN. From the Fom?s W-2, enter each employer's Federal Employer Identification Number (EIN). Enter the amounts from the Forms W-2 in each coiumlMPORTANT: You do not have to submit a copy@f your Form W-2 if you earned all your income in Pennsylvania and your employer reported your PA wages correctly and withheld the correct amount of PA income tax. Youmust submit a copy of your Form W-2 in certain circumstances. See the PA Schedule W-2S instructions for a list of when a copy of a W-2 is required. Part B Instructions: List each source of income received during the taxable year on a form or statement other than a Federal Form W-2. Enter each payers name. List the payment type that most closely describes the source of your non-empioyee compensation. Enter the amount of other compensation that you earned. If the form or statement does not have separately stated amounts, enter the amount shown in both Federal and PA columns. IMPORTANT: You must submit a copy of each form and statement that you list in Part B, whether or not the payer withheld any PA income tax and. regardless of whether or not the income was taxable in PACAUTION: The federal and Pennsylvania (state) wages may be different in Part A and Part B. If you need more space, you may Photocopv this schedule or make vour own schedules in this format: Part A - Federal Forms W-2 T/S Employer EIN from box b Federal wages from box 1 Medicare wages from box 5 PA compensation from box 16 PA income tax withheld from box 17 T 23-2938247 63 . 63 63 2 1931 1931 1931 59 T 25-1730538 514 514 514 16 T 23-2220135 466 466 466 14 T 23-6005268 1101 1190 1101 37 T 23-6004229 1105 1105 1105 34 Tota l Part A - Add the Pennsylvania columns 5180 162 Part B - Miscellaneous and Non-employee Compensation from Federal Forms 1099R, 1099MISC, and other statements YOU MUST SUBMIT COPIES OF EACH FORM OR STATEMENT LISTED IN THIS PART A. T/S B. Type C. Payer Name D. 1099R Code E. Total Federal amount F. Adjusted Plan Basis G. PA compensation H. PA tax withheld T H SCOTT PEDERSE 6000 6000 Total Part B- Add the Pennsylvania columns 600 0 0 TOTAL -Add the totals from Parts A and B 111801 16 Enter the TOTALS on your PA tax return on: Line 1a Line 13 Payment A. Executor fee B. Jury duty pay C. Directors fee D. Expert witness fee type: E. Honorarium F. Covenant not to compete G. Damages or settlement for lost wages, other than personal injury H. Other nonemployee compensation. Describe: REAL ESTATE COMMI S I ON 1. Distribution from employer sponsored retirement, pension, or qualified deferred compensation plan. J. Distribution from IRA (Traditional or Roth) K. Distribution from Life Insurance, Annuity or Endowment Contracts L Distribution from Charitable Gift Annuities L 0701910028 0701910028 0701910010 PA SCHEDULE w-2S Wage Statement Summary PA-40 W-2$ (09.07) 2007 OFFICIAL USE ONLY Summa of PA Taxable Employee, Non-employee, and Miscellaneous Compensation Name gholwn first on the PA-40 {if fil' g joinuy) , Social Security Number (shown first) Use this schedule to list and calculate your total PA taxable compensation and A tax withheld from all sources. Part A Instructions: List each Federal Form W-2 for you and your spouse, if married, received from your employer(s). in the first column enter T for the taxpayer's Social Security Number that appears first on the PA tax return and enter S for the second or spouse SSN. From the Forms W-2, enter each employer's Federal Employer identification Number (EIN). Enter the amounts from the Forms W-2 in each column. IMPORTANT. You do not have to submit a copy of your Form W-2 if you earned all your income in Pennsylvania and your employer reported your PA wages correctly and withheld the correct amount of PA income tax. You must submit a copy of your Form W-2 in certain circumstances. See the PA Schedule W-2S Instructions for a list of when a copy of a W-2 is required. Part B Instructions: List each source of income received during the taxable year on a form or statement other than a Federal Form W-2. Enter each payer's name.' List the payment type that most closely describes the source of your non-employee compensation. -Enter the amount of other compensation that you earned. If the form or statement does not have separately stated amounts, enter the amount shown in both Federal and PA columns. IMPORTANT: You must submit a copy of each form and statement that you list in Part 8, whether or not the. payer withheld any PA income tax and regardless of whether or not the income was taxable in PA. CAUTION: The federal and Pennsylvania (state) wages may be difiarent in Part A and Part B. If you need more space, you may photocopy this schedule or make your own schedules In this format. Part A - Federal Forms W-2 T/S Employer EIN from box b Federal wages from box 1 Medicare wages from box 5 PA compensation from box 16 PA income tax withheld from box 17 25/ '7' AIAZ n 141 2- Z 3 0 9Z? a';z 0 2 D Z'.3 7-73" tf2 Total Part A- Add the Pennsylvania columns Part B - Miscellaneous and Non-employee Compensation from Federal Forms 1099R, 1099MISC, and other statements YOU MUST SUBMIT COPIES OF EACH FORM OR STATEMENT LISTED IN THIS PART A. T/S B. Type C. Payer name D. 1099R E. Total federal F. Adjusted plan G. PA compensation H. PA tax withheld code amount basis Total Part B -Add the Pennsylvania columns TOTAL - Add the totals from Parts A and B Enter the TOTALS on your PA tax return on: Line 1a Line 13 Payment type: A. Executor fee B. Jury duty pay C. Director's fee D. Expert witness fee E. Honorarium F. Covenant not to compete G. Damages or settlement for lost wages, other than personal injury H. Other nonemployee compensation. Describe: 1. Distribution from employer sponsored retirement, pension, or qualified deferred compensation plan J. Distribution from IRA (Traditional or Roth) K. Distribution from Life Insurance, Annuity or Endowment Contracts L. Distribution from Charitable Gift Annuities 1 0701910010 0701910010 1 RECIPIF..NTS/LENDEKJ name, anoress, aio .r.ryuv..= saw..v=. CH,4,SE HOME FINANCE LLC 3415 VISION DRIVE COLUMBUS OH 43219 1-1300-848-9136 Caatioar: Ibeamarn a semay?mt 03,113 No. . &?,gdadaarbl?dy? I imitrbamdon 1545-0901 Mortgage the loan amaust. d 11zou mn and tdbof the mi ?? #- ,krs, n Interest may M-b nif Mk,.. t m t}K e dent u 2 V aar va:mrd ly va-_* °?'aal!yyFa? bJ'.r 6 andawraminnulbyonotbvpaseni. Potm toes Statement RECIPIENTS federal ideas cation no. YER'S social security number A 1 1 ?vto?rgespterest received from payer(s)/ COPY B ?l l1 B 103-54-0851 20-1897196 $2 669'7 9 PAYER'S/BORROVVERS name, street address (mcludmgapt, no.), city, stass, an P Md. For Payer 2 Points paid on purchase of pnnapal residence The information in boxes I #BWNKHCR $0.0 1, 2, 3, and 4 is #3131590320317015# important tax information 3 Refund of overpaid interest and is being famished to die ?a III allflail 111111111i0fit ,Ittltlall 11111 tt111ittt66t11ttJ am? $0.00 if y now file a negf 58189 Y02 Z001080- PROS FN30 nction 4 Mortgage insurance ptemiunu or other sanction penalty or other ` THOMAS S. PEDERSEN may be imposed on you if DONNA K. PEDERSEN $0.00 the IRSdetemLnesthat an underpayment of tax results ° ?c 9 TODD RD 5. Rral estate taxes paid bemuse you overstated a ffw? CARLISLE PA 17013.4401 deduction for this mortgage ` 37 interest or for these points $2 226 , . or because you did not repo this refund of a arr» inn[ t on gouc oemim. r 1590320317 Form 1098 (fteep for your records) Department of the Treasury - Internal Revenue Service Notice: Section 329 of the Cranston-Gonzalez National Affordab le Housing Act re uires that mort a e corn lnies q g g pa shall annuall rovid l itt di hi h y p e a wr en sc osure statement w c describes the requirements the customer must fulfill to accomplish prepayment of the mortgage and to prevent accrual of any interest after the date of prepayment. The following nonce advises you of your right to prepay. If you do not wish to prepay your mortgage, you do not need to respond. THE AMOUNT PROVIDED IN THE NOTICE IS 51 TBJECT TO FURTHER ACCQUNTING ADWMdE TS Annual Disclosure Notice to Mortgagor . Mortgagor: THOMAS S. PEDERSEN Date: January 01, 2008 DONNA K. PEDERSEN Address: 32 HOPE TER Loan #: 1590320317 CARLISLE, PA 17013 FHA #: 4416756342703 This notice is to advise you of requirements that must be followed to accomplish a pre ayment of your mortgage, and to advise you of requirements you must fulfill upon prepayment to prevent accrual Pof any interest after the date of prepayment. -- The amount-fitted -lieldw is the amount outstanding for prepayrmient u the iridebtednegs due under, our nlure- :Ige: --- This amount is good through February 1, 2008. Any mortgage payments received or advances made by us beVe the Stated expiration date will change the prepayment amount. Payoff Amount $106,335.81 You may prepay your mortgage at any time without penalty. However, in order to avoid the accrual of interest on any prepayment after the date of the prepayment, the prepayment must be received on the installment due date. Otherwise, you may be required to pay interest on the amount prepaid through the end of the month. If you have any questions regarding this notice, please contact our Customer Care Department at 1-800-848-9136. Chase Home Finance LLC J CORRECTED (if checked) FM RECIPIENT'S/LENDER'S name, address, and telephone number SUNTRUST MORTGAGE, INC. P 0 BOX 26149 RICHMOND VA 23260-6149 Phone No. 1-800-634-7928 Recipient's Tax ID No. 54-0259290 PAYER'SIBORROWER'S name, address, and ZIP code Mortgage interest received from payer(s)fborrower(s)' Points paid on purchase of residence (See Box 2 on b Refund of overpaid interest (See Box 3 on back.) taxes OMB No. 1545-0901 $10, 7 7 3 . 0 2 ' caution: The amount atwMm may not be fully deductible by $0 06 you. Lib based on the loan . amount and the cost and value of the secured property may $0.00 aWy may yO11 e xtent n ere st to the $0 00 VMS incurred by you. actually . paid by you, and not reimbursed by another person. $3,704.79 782098/260700A THOMAS S PEDERSEN DONNA K PEDERSEN 9 TODD RD CARLISLE PA 17013-4401 II11I11 111 111 111111 11 11 11 11 1 11 1 1 1 11 111 111111 1111 111 1 1 1 11 11 1111 ccount No. (See Instructions) Payees SN For Payer 0133158402 103-54 0851 The iformation in boxes t, 2, 3.4 and s is important tax information and is being r i n c i p a l R e c o n c i l i a t i o n furnished to the Infernal Principal Applied 12,268.78 R*~ue Service" If you are Ending Balance 158,707.03 n.ow?ge? penalty ror other - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - swoollonmay be imposed an you if the IRS determines that an underpayment of tax results because you overstabd a deduction for this mortgage interest or for these points or because you did not report this refund of interest on your return. INTEREST WILL BE REPORTED ON THE SOCIAL SECURITY NUMBER FOR THE PRIMARY BORROWER ABOVE. SHOULD YOU HAVE QUESTIONS, PLEASE CALL IN RICHMOND (804) 291-0740 AND ALL OTHER AREAS DIAL TOLL FREE 1-800-634-7928. DETAILS ON REVERSE SIDE. instructions forRecpien# ^ Account number: May, show:amaccountorother unique number -the class REMIC. If you file' Form 1040, you may deduct these-expenses on'the payeraasigned(lodistinquish youraccount. "Other expenses" line of Schedule A (Form 1040)'subject to the 2% .limit. Box 1.. Shows fixable interest;paid o,you:duiing the calendar yearby; the This amount is-included in:box l_ payer:.Tltis?oesfiotincludeMtarostshown&I'b6x-3. Mey:elso-A bw! th6tolal' • -' Box.Bi=Shows: foreign tax pai&;You may!be',able,:to Maim .tFiis - tax•as a amount-of the; credttsfrom'clean, raneweble:energy-bonds;and'Gulftex-credit - ' -deduction or a credit on your. Form 1040,'See your Form 1040-Instnictioni;,: bonds'ttlet tltusrpe;lncludedy(r(? tntgreat {Icorrm Thpaq arnotlMs were , _ , r ltox B,,S?low§ tax-exempt.intereet, includirgg exempt interest (ltv)dends Item treetgtl s paid to you durlhg:1007 on the creditelbwarlct3;tlates-((Nafeh 15 = a mutual fund orother`regulated: investmenf corilparly,.patli'to you during the June,:15„$.epternber,16, and' Decembm,JS)r.For more.informetion, see Form: calandecyearby the payer: Reportthis..amount on lire 8b of Form1040;or 8912; Clem'Rert&w8ble-EnergyrBon"itd Golf TaxCredWsonds.- - Fonn 104OA: This amdittitmay-be subject to backup W1thKdIdin4. See b6k.4. ; Box !2. Shows Interest or principal iorfelted because of .early withdrawal of Box 9. Shows .tax-exempt Interest subject. to the altemative minimum tax. time savings. You -may:-deduct this -amount to figure your adjusted gross This amount : is included _in box 8. See the Instructions for Form 6251, income on your income tax return. See the Instructions for Form 1040 to see Aftemative-Minimum Tax=individuals: :where to take ther deduction. Nominees., this:form'includes.amounts:belonging to another.person(s),.you Box: 3. Shows Interest :on,U.S. Savings Bonds, Treasury bills, Treasury are considered:: anominee.recipierit: Complete a-Form 10994NT•for each:of bonds, and Treasury;notes.:T.his mayor, may notsbe..afiAaxable. See Pub.' the ofher,owners showing:the-income allocable to each. File CopyA of tha : - 55D, Irlvsstment•income and.,Expenses: TMs interest is exempt from- state form with the IRS. Fumish Copy B to.each owner. List yourself as the payer" and local Income taxes. Thissinterest is not included in box 1. and the other owner(s).-as the:"recipient:" Fite Form(s)1099-1NT with Form 8ox.4. Shows backup.-withholding., Generally, a payer must backup withhold 1096, Annual-Summary and Transmittal of U.S. Information Returns with at a 28% rate ff;yo.u did;notfumish'your taxpayeridentiflcation number„(TIN) the Internal -Revenue Service :Center.rfor your -.area. On Form 1096 list , or you did,notftsnish the- correeT- -to.the:payec See Form W-9; Request. - yourself :as the "filer." A husband ortwife..is:.not. required to file a: nominee for Taxpayer , identification .'.Number.. and Certification,. for..information on return to show amounts owned by the other. .backup withholding::Indlude-this -amount on your-income tax return as:tax withheld. Box 3. Any. amount shown is-your share of investment expenses of a single- PAYERS name, street address; dty, state, ZIP code and telephone no. -lwa WfwwmMEMO" Ne1, COMMERCE 'BANK/HARRISBURG, N . A . -- kwanidMhselewdfYwrre 8erka tl twwn"NOW W No a _2007 IF YOU HAVE ANY OUESTIONSABOUT THIS -.PO... BOX- -4S9-_Ct":_ . - - - - - - - - ..-. _.... - _, ;. - - --r.erti sOe,.- - - - - - - - - FORM 1099aNT STATEMENT--YOU MA•Y•WRFrE - HARRISBURG,.;, PA 17111' s.aetle"M igwl.l!+n tlu ?? o I Copy B, . US AT THE ADDRESS TO THE LEFT OR TELEPHONE US AT (88-8). 937-000 4 ? mddo RS ?*• For. Recipient THE NUMBER LISTED AT.THE LEFT. ... .: .CODE .:_ :. - • AgCOUNTNUb1aER _ :- ... . -. ...: :. ,.. 'DESDAIPTION" - "I Interest-Income net. InelulNdInboz:3 .. 2'.Earlyawlthdr,.I Penney 31ntenaton:U:S: SYrIhYsBonds'snd no . 4Federebineoma -'- '1>x withhold :'. .., U .•T Ono 000000102397 TIME DEPOSIT 128.46 5.. inwsrrerd Fxperaes .. .. 6. Foreign tax.peld a : i :... TOTALS r. : 14 : PAYERS Federal idendlicafipri number RECIPIENTS Identfication number _-4.6 7. 12 T 7:FOreign country or U,S,pcossession 8 Tax -exampl interest 9. Specified private,activi(y bond interest , 23-23:2473.0 .10=3540.851 .....: VOID 0 Corrected 2nd TIN Notice ''; ASTZ¢L'' Z IND'SAY"?ESQ;• ?y u PAGE 1 OF ] OMB No. 1545-0112 Or ?LIrAND' 17A`' 17:07.0 STATEMENT FOR RECIPIENTS OF INTEREST INCOME 1 099 I NT ? k -e f s-en ?- S c rv.? " 1%. LAW OFFICES JOHN E. SLIKE ROBERT C. SAIDIS JAMES D. FLOWER, )R CAROL J. LINDSAY JOHN B. LAMP] MICHAEL L. SOLOMON GEORGE F. DOUGLAS, III DEAN E. REYNOSA THOMAS E. FLOWER MARYLOU MATAS SUZANNE C. HIXENBAUGH SAIDIS, FLOWER & LINDSAY A PROFESSIONAL CORPORATION 26 WEST HIGH STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 243-6222 - FACSIMILE: (717) 243-6486 EMAIL: attorney@s£1-law.com www.st-law.com January 25, 2008 Steven Howell, Esquire 619 Bridge Street New Cumberland, PA 17070 Re: Pedersen v. Pedersen Dear Steve: CAMP HILL OFFICE: 2109 MARKET STREET CAMP HILL, PA 17011 TELEPHONE: (717)737-,W.5 FACSIMILE: (717)737-3407 REPLY TO CARLISLE I am instructing my client to report one-half of the interest income for the escrow account pursuant to our agreement. Would you please advise Scott Pedersen to report the other half? Very truly yours, SAIDIS, FLOWER & LINDSAY Carol J. Lindsay, Esquire CJ L/bes Enclosure cc: Donna Pedersen US I Child Tax Credit, Federal Extension Payment, and Carryovers Worksheet 2007 .Name: DONNA K PEDERSEN SSN: 202-52-'_;315 Child Tax Credit (CTC) 1 $1,000 X 1 qualifying children .................................................. 2 Modified AGI Is AGI plus excluded income from Forms 2555 (EZ) and 4563, and excluded income from Puerto Rico .............................................. 3 Modified AG1 limitation $110,000 married filing jointly; $55,000 married filing separately; all others $75,000 ................ ...................... ......... -.................... 4 Subtract line 3 from line 2. If -0-, go to line 7 .......... . ... . ....... . ................ . 5 Round up to next $1,000 ............................... 6 Multiply line 5 by 5% ..... ......... ................................ ................. 7 Maximum child tax credit.Subtract line 6 from line 1. You cannot take the credit if this amount is -0- ...................................... 8 Amount from Form 1040, line 46, Form 1040A, line 28, or Form 1040NR, line 43........ 9 Credits for foreign tax, dependent care, elderly, education, retirement savings, adoption, mortgage interest, DC first-time homebuyers and residential energy ................... . 12, 8"t'1 _ 75, 000. CTC Worksheet for Forms 8396, Mortgage Interest Credit, Form 8839, Adoption Credit, Form 8859, DC First time Homebuyers Credit, and Form 5895, Residential Energy Credits 1 Foreign tax credit + dependent care credit + aid" credit + education credit + retirement savings credit + residential energy credits ............................. 2 Amount from line 7 above .................................................... 3 Social security or RR tier 1 + Medicare .................. ............. 4 Form 1040, line 27 + line 59; or Form 104DNR, fine 54 + uncollected social security and Medicare taxes listed on W2 ...................................... 5 Add lines 3 and 4 ................. •---•-----•...,.............. ---•--- 6 Earned income credit and excess FICAlRRTA ................................. . 7 Subtract line 6from line 5 ..................... 8 Maximum child tax credit, fine 7 above, minus the larger of line 7 of this worksheet or Form 8812, line 6. This is the child tax credit for the purpose of figuring Forms 5695, 8396, 8839 and 8859. Use this amount in place of the child tax credit amount asked for on these forms 9 Total of adoption credit, mortgage interest credit DC fast-time homebuyer credit, and residential energy credits as refigured ................................ 10 Add lines 1 and 9 ---------------------------- --------- ------- --- --- -- -' 10 Subtract line 9 from line 8 .............. --.. 11 Child tax credit ................................. ......... - -................................................. Amount paid with Federal extension (Form 4868 or 2350; ......... ........................ ........................... ) Carryovers from 2007 to 2008 1 Section 179 expense disallowed, Form 4562, accumuiaWe total ....................... .................. . 2 Net operating loss from 2007 only, Form 1045 .................... . .................. Amt. carried forward from 2006. Usted on Form 1040, tine 21, or Form 1040NR, fine 21 3 2007 charitable contributions. Organization limit: Cash or other property Capital Gain 50% 30% 30% 20% 4 Investment interest expense, Form 4952, accumulative total ......................................................... . 5 Foreign tax credit from 2007 only, Form 1116. Enter amount carried back, if any ........ 6 Adoption credit, Form 8839 2003 2004 2005 2006 2007 7 Mortgage interest credit, Form 8396 2005 1 2006 I 2007 8 General business credits for 2007 only, Form 3800 ................................................................ . 9 Form 8844, for 2007 only. Enter amount carried back ..................................I 10 DC first-time homebuyer credit, Form 8859, cumulative total .................................................... . 11 Prior year minimum tax credit, Form 8801, cumulative total .................................... . 12 AMT limited qualified electric vehicle credit from 2007 only ......................................................... 13 Nonrecaptured net section 1231 losses ............................................................................. 2003 2004 2005 2006 2007 Copyright loan software on)y, 2007 Universal Tax Systems, Inc. All rights reserved. USW 10403 Form,'8812 Additional Child Tax Credit 1040A 41•- 1040NR 8812 Departmentof the Treasury Internal Revenue Service Corr Name(s) shown on return DONNA K PEDERSEN Mete and attach to Form 1040, Form 1040A, or Form 1040NR. 7 ® All Filers 1 Enter the amount from line 1 of your Child Tax Credit Worksheet from the Form 1040 instructions, from the Form 1040A instructions, or from the Form 1040NR instructions. If you used Pub. 972, enter the amount from line 8 of the worksheet of the publication .......................................................................... 1 2 Enter the amount from Form 1040, line 52, Form 1040A, line 32, or Form 1040NR, line 47 ....................... ? 2 3 Subtract line 2 from line 1. If zero,stop; you cannot take this credit ........... . 4 a Enter our total earned income see instructions ....... 4e 6,784. b Nontaxable combat pay (see instructions) 41b 5 Is the amount on line 4a more than $11,750? 8 No. Leave line 5 blank and enter -0- on line 6. Yes. Subtract $11,750 from the amount on line 4a. Enter the result .......... 5 6 Multiply the amount on line 5 by 15% (.15) and enter the result .............................................. . Next. Do you have three or more qualifying children? ® No. If line 6 is zero, stop; you cannot take this credit. Otherwise, skip Part II and enter the smaller of line 3 or line 6 on line 13. a Yes. If line 6 is equal to or more than line 3, skip Part II and enter the amount from line 3 on line 13. Otherwise, go to line 7. Certain Filers Who Have Three or More Qualifying Children T Withheld social security and Medicare taxes from Form(s) W-2, boxes 4 and 6. If married filing jointly, include your spouse's amounts with yours. If you worked for a railroad, see the instructions ................................................ 8 1040 filers: Enter the total of the amounts from Form 1040, lines 27 and 59, plus any taxes that you identified using code "UT"and entered on the dotted line next to line 63. 1040A filers: Enter -0-. 1040NR filers: Enter the total of the amounts from Form 1040NR, line 54, plus any taxes that you identified using code "UT"and entered on the dotted line next to line 58. 9 Add lines 7 and 8 ................................................................ 10 1040 filers: Enter the total of the amounts from Form 1040, lines 66a and 67. 1040A filers: Enter the total of the amount from Form 1040A, line 40a, plus any excess social security and tier 1 RRTA taxes withheld that you entered to the left of line 42 (see the instructions). 104ONR filers: Enter the amount from Form 1040NR, line 61. Your social security number 202-52-3315 A OMB No. 1545-0074 2007 Attachment Sequence No. 47 11000. 3 1,000. 81 i .., .f ? 101 1 11 Subtract line 10 from line 9. If zero or less, enter -0 - ............... . ......... 11 12 Enter the larger of line 6 or line 11 .......................................................................... enter the smaller of line 3 or line 12 on line 13. 121 Additional Child Tax Credit 13 This is your additional child tax credit .................................................................. . 1040 1040A 1040NR For Paperwork Reduction Act Notice, see instructions. BCA Copyright form software only, 2007 Universal Tax Systems, Inc. All rights reserved. US8812$1 Rev. 1 Enter this amount on Form 1040, line 68, Form 1040A, line 41, or Form 1040NR, line 62. Form 8812 (2007) Snt1TR MTbDLETON SD - 4 FORGE RD - BOILING' SPRINGS, PA 11UVi J v v i 00035167 PEDER:'!EN, !>>U[;. I< 1. '26/2008 Reg 4Hr .OT; Hrsp : ?a?ys %.. Oth$r ria'rtal Exempts Tc?',Sa'1`azy ;.otIour1Y Total, ;Gross; 0.00 180.00 os w' e zdk S¢' fv Tam it ?: ° St , ?c + ,aX z m . F _ _ Pay 180.00 0.00 11.16 2.61 5.53 0.11 YTD 5,367.50 200.61 332.79 77.86 164.81 3.23 Pay 157.71 2.8!8 0.00 0.00 0.00 0.00 YTD 85.95 0.00 0.00 10.00 0.00 **** HAPPY HOLIDAYS **** SEE YOU IN 2009 Voluntary Deducta o-ns Wa to°i Reg. OT Fctr RateType Reg. OT Fctr 1.00 0.00 1.50 90.00 DAY 1.00 0.00 1.50 Rate Type 90.00 DAY ` I Employee Name PEDERSEN, DONNA K Check Date 00091916 T 12/23/2008 Reg Hrs OT Hrs Days 'Other Marrtid[Exempts Tot Salary Tot Hourly Total Gross 0.00 0.00 5.00 0.00 Single 2 0.00 450.00 450.00 Gross Pay Federal Tax Soc Sec.Tax Medicare .fax State :Tax -Tinemp Tax Pay 450.00 4.50 27.90 6.53 13.82 0.27 YTD 11,218.24 735.22 695.52 162.70 344.42 6.70 Net Pa Local Tax Retirement Advanced EIC OPT/LST Deductions Pay 356.03 7.20 33.75 0.00 0.00 0.00 YTD 179.49 841.41 0.00 10.00 0.00 **** HAVE A SAFE AND HAPPY HOLIDAY! **** Voluntarv"Deductions Wage Detail Reg. OT Fctr Rate Type 5.00 0.00 90.00 DAY I r v m n S C Na $ n.og m ?`O f?'Z ? Y7'? b H i5 ax O4 0 '7'1 A.p-ti ? r?..'o t?i+T'? ? 'dry ?. ? m ° Nm • Q H t7 ? 9 -I r r ? m N SE a TM G y r .,? >¢ s7 N? ?^ Y?OG T ?iD O 1 Y /J9 Gf N m G? 3. C x O? A c $ 3 G N G rrm O p W 9 N ro $ m w T ?C m? Npg9 3 3 °o D p r%s+ a t7 H NO ° Y (d `m '1 ~ LA N r O° LD _ m Y .': Y< X N c ¢ ? 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' moo m w m. 3 s oo`? m N m O m OI 01 m k" U, w N m {71 l/1 a X N N S w _ n m 3 ? m n o N 0 c M2 ? w N O m 5 0 w o m m O v m m w x o c 3 m = w o m o m ? ':mZ N u Y w o 'r m n ^ M w m Na o m z e o 0 w m S S n w p + to np N " W m f a"3 O o W" p m'n' N w ?,' 0 3 m w tl ' wm H° w y; " is v ' fD m r G 94m °? `gy'm v Ln wa om CD N .°° ro m o a r JC to m m 19 ro ~ }i G m ? r o ro° r %a N y wRi Z 00 3 y o to a m W O Z• p m w m ^ m o m ? w v D r 3 a, Ch $ w r S ti w m 31 ? n CD 0 CD 0 CD O ° to e N m ° F W 2 00 ID ° y F a 0 N m m N ? m ? I m v m o S S9D P m A A N ? b m' O Sr ? Ei rn N n ? N ? ? cr n m? > p1 ? ?' N ? W m C F+ m r 3 t, m_ m p m m a rn °° `? a . w z ? m n d N x c a b 3 i 0 m _ m3 H d < S % m `a" mo m m Sx1 0 x N 3 ? m a F S a x F 3 m a ? " r $ x cc??1 4 ?XXii 0 0 0 ? o m N m ? dm N •• m 7 . G 3 m y c K n os? oW» ? rDn o = L 0 O ^ C 9 o n Q m m 6 O Q m m w m m ?b ? X a W O c . m' w 5 O ? m f0 m ?m O m -2a` m o w o ti m a m C m Z 0 Qr t rn to a ?p o t0 m 0 m m m 0 0 K O .o = c m' {p o o N V- O °p l D y m 3 N ID .2 m ',V H W iPW z l ^' m 0 r` ~ s at H 3 m ?' li O H ` i O e? " o O to N 8 H v y d v O 3 . O N p"i 1p `wG ' m 0 + ro F W w " N w in O m n^ a 10 d L?tl 3 a cr N r' b ? ° s ? ''? 7d d Z L" o 0 Yn rol7 0 _ c Q ~ ? w r H ti! ? ? ? o x ° H gym ? Q m D N N v W N x o V) 'li N w , U) a C ? d ? a °' ? O i M ? N w n w a ? m a n 3 m CL o F+ J f m W " " m J N O w m O J m O W ~ N M m 0 W m C p N v m p s iJ •+ •? ?p O? A N C N o v a 51 0 c 0 m 0p y O. a -n 01. E m m CL m a m $ m m m 0 0 "fir m m n j co Fi 3 0 g x ?. 3 0 V m 3 m N » m x m W N m x u ? y W m a £ E O W o ? x x m ? n W N 0 _? o w m. 3 0 0 N m o m? ?m „m 0 y W. m ? S nm o L ^ -- o ^c ?m S $?C m- N _n x o c m m m 0 w. m o 0 n? m m r in ro m 'b m o v ? '° ?o C m ° o m 3 3 17 3 , m Ln Y•ta to H 7 N ? m O x 4D m O N •c CD m ro CD 0 m n m , b m a i m Z a ro 00 ° ? r o v i a , b 0 W z 0 O L J x ' r 7C d m c m - o m $ H a W N 'v N h1 +? O '?9 f' to a w cQn - m N m m a 0 n to n o $ fi m ?m n m , m w m n lp N y f+ ?D °. w N O w W.7 O f O o 0 5 o G 0 co O m 0 O O m p O w 0 n p ?p W 3 N U7 ? ? o n ,o H ? N m p? A N N p r Q ?' uS v rn n O m e (? S O m O m n m B O 3 ' y•? d n m ? S m A L o m _ m 3 ° a a O o d 3 47 = 3 ?? z.) m r N 1 w 3 (D N ?? t0 C z A x 01 CD 0, F, O D 'Z cn ro fn p 9o p 0 '? c a m N g n ow N m ? < 49 tC '" ap a ty o p 3 m c oo 0 t ?O X N Nw n p IWO m a N vn O NI O O -J m N OD - co n ? O ? H 'd ? N N O w 9 w a ?, m N i ? N W 1• N fD 3 n o ? G Y ? o ? 3 0 m O O C) s 3 W ? ro ? a m v K N a c W d tT N 9 ? N W C w ? w N 3 N ? ?. N V' ?X? by • Ci a ? °,oot o ?y eaonN Nw ?, d m ?, c+ T„ ta - ro 3 ? ¢ :: Q w w N .. CD K N N < < Mary Y Account History Account Statement is available. Date i1 Transaction Description Balance ChecWMisc. Amount 12/13/2008 WITHDRAWAL 092 11 -$22.50 $4 4 N.H RD STREET HARRISBURG PA , . CHECK 001075 TRACE: 0121170872 12/15/2008 PROCESSED CHECK - UGI UTILITIES TYPE: UTIL PMT ID: -$79.09 $4,013.02 001075 231174060 12/15/2008 CHECK 001071 TRACE: 0006220096 -$25.00! $3,988.02 001071 12/15/2008; CHECK 001073 TRACE: 0005130152 -$139.63 $3,848.39 001073 WITHDRAWAL CHECK CARD 12/15/2008 JAY SHREE SAHAJANANQ39 CARLISLE PA DATE 12/13/08 -$26.00 $3 822.39' 2461043PD03TWZRVK 5542 , Auto CHECK 001072 TRACE: 0104255022 1211612008 PROCESSED CHECK - LBX_ST_MORTGAGE TYPE: -$1,990.03 $1,832.36 001072 PAYMENT ID: 9GBLBX1009 WITHDRAWAL CHECK CARD 12/17/2008 CIC*TRIPLE ADVANTAGE 877-4816825 CA DATE 12/16/08 _$14.95 $1 817 41 2435178PG5XE8MR7Y 7321 , . Misc WITHDRAWAL #86000068 12/18/2008 POS USPS 41 3487001 3 66 W LOUTHER ST CARLISLE PA -$11.44 $1,805.97 Point of Sale WITHDRAWAL #00827404 . 12/19/2008 POS HESS 38358 602 EAST HIGH ST. CARLISLE PA -$24.41 $1,781.56 Point of Sale WITHDRAWAL #14147228 12/19/2008 POS GIANT FOOD #11255 S SPRING GARDE CARLISLE PA -$6.74; $1,774.82 Point of Sale WITHDRAWAL CHECK CARD _ 12/22/2008 HESS 38424 HARRISBURG PA DATE 12/20/08 2442733PLLM7RXA2Z 5542 -$12.20 $1,762.62 Auto WITHDRAWAL #00054793 12/23/2008 POS NELL'S - WALNUT BOTTOM 950 WALNUT BOTTOM CARLISLE PA _$19.97 $1,742.65 Point of Sale WITHDRAWAL #14041595 12/24/2008 POS GIANT FOOD #11255 S SPRING GARDE CARLISLE PA -$6.19 $1,736.46 Point of Sale WITHDRAWAL #00315245 1212412008 POS FOOD LION #0994 4170 PHILADELPHIA CHAMBERSBURG PA -$4,38 $1,732.08 Point of Sale WITHDRAWAL CHECK CARD SHEETZ 00001784 CHAMBERSBURG PA DATE 12124108 12/25/2008 2416407PPEGGBYG6G 5542 -$18.11 $1,713.97 Auto 12/26/2008 CHECK 001076 TRACE: 0005270153 -$36.00 ! $1,677.97'. 001076 https://homebank.psecu.com/History/History.aspx 1/12/2009 y 11LJ6V1 V Date A Transaction Description -tl- ... - Amount Balance Check/Misc. WITHDRAWAL #25877052 12/27/2008 ! POS WAL-MART SUPER CENTER 2574 WAL-SAMS CARLISLE PA -$33.45 $1,644.52 Point of Sale 12/30)20081 CHECK 001077 TRACE: 0005800118 -$25.00 $1,619.52 001077 DEPOSIT DIVIDEND 0.250% 12/31/2008 %% APY EARNED 0.25% 12/01/08 TO 12/31/08 %% APYE $0.51. $1,620.03 AVG DAILY BAL 2,408.25 WITHDRAWAL #29453673 01/01/2009 POS WAL-MART SUPER CENTER 2574 WAL-SAMS CARLISLE PA -$9.47 $1,610,56 Point of Sale WITHDRAWAL CHECK CARD_ 01/01/2009 SHEETZ 00001784 CHAMBERSBURG PA DATE 12/31/08 ' 2416407PYEGH8LTBG 5542 -$12.55 $1,598.01 Auto 01/02/2009 WITHDRAWAL GOLD'S GYM - CAR ' TYPE: CLUB DUES ID: 1521407387 CO: GOLD'S GYM - CAR -$29.99 $1,568.02 01/02/2009 WITHDRAWAL HOME BANKING TRANSFER TO LOAN 09 -$45.59: $1,522.43 DEPOSIT AT ATM #00005747/W43007 01/03/2009 ATM MEMBERS 1ST FC 1166 WALNUT BOTTOM CARLISLE $2,909.18; $4,431.61 PA WITHDRAWAL CHECK CARD 01/0512009 SHEETZ 00001784 CHAMBERSBURG PA DATE 01/04/09 241640704EGHR6DSG 5542 -$25.35 $4,406.26 Auto WITHDRAWAL #00581648 01/06/2009 POS NELL'S - WALNUT BOTTOM 950 WALNUT BOTTOM CARLISLE PA -$76,65 $4,329.61 Point of Sale 01/07/2009 CHECK 001082 TRACE: 0005060086 -$83.81 $4,245.80 001082 CHECK 001079 TRACE: 0021442140 01/08/2009 PROCESSED CHECK - VZ WIRELESS ARC TYPE: ARC ID: -$81.15 $4,164.65 001079 2005091202 WITHDRAWAL #00683762 01/08/2009 POS WAL-MART #2574 60 NOBLE BLVD CARLISLE PA -$80.62, $4,084.03 Point of Sale CHECK 001081 TRACE: 0124602321 01/0912009 PROCESSED CHECK - UGI UTILITIES TYPE: UTIL PMT ID: -$165.68' $3,918.35 001081 231174060 01/0912009 CHECK 001078 TRACE: 0005970031 -$47.43 $3,870.92 001078 WITHDRAWAL #00814987 01/10/2009 POS WAL-MART #2574 60 NOBLE BLVD CARLISLE PA -$45.55 $3,825.37 Point of Sale WITHDRAWAL #00016834 01/10/2009 POS TARGET T2099 CARLISLE 226 WESTMINSTER DR CARLISLE PA -$35.80 $3,789.57 Point of Sale WITHDRAWAL #00783432 01/11/2009 POS NELL'S - WALNUT BOTTOM 950 WALNUT BOTTOM CARLISLE PA -$21.53 $3,768.04 Point of Sale https://homebank.psecu.com/History/History.aspx 1/12/2009 11ra tVl Y i .. ?? Date A Transaction Description Amount Balance Check/Misc. WITHDRAWAL #00074559 01/11/2009 POS WALNUT BOTTOM 920 WALNUT BOTTOM CARLISLE -$27.00 $3,741.04 Point of Sale WITHDRAWAL CHECK CARD 01/11/2009 SMARTSTYLE CARLISLE PA DATE 01/08/09 ' 247170509L2NDPFZ4 7230 -$8.97 $3,732.07 Misc https,./Ihomebank,pocau.com/14istory/14istory,aspx 1/12/2009 Account History Account Statement is available r agv i ul i Amount Balance Check/Misc. Date Transaction Description DEPOSIT DIVIDEND 1.240% 12/31/2008 %% APY EARNED 1.25% 12/01/08 TO 12/31/08 %% APYE AVG $5.99 $5,696.55 DAILY BAL 5,690.56 01/01/2009 DEPOSIT ATM REBATE $2.50 $5,699.05 DECEMBER TRACE: 0025000250002500000000110608000001 https://homebank.psecu.com/History/History.aspx 1/12/2009 Eppic Client Portal - wD_ - - - MasterCard@ Electronic Transaction Activity Requested Activity: 12/01/2008 - 12/31/2008 7M The Pennsyivania EPPZCard Debit MastwCard Card Name: PEDERSEN, K DONNA Address: 9 TODD RD City, State, Zip: CARLISLE, PA, 170134401 FOR CUSTOMER SERVICE Call 1-800-304-1669. OPEN 24 HOURS A DAY, 7 DAYS A WEEK. I Date Range : 12/01/2008 N 12/31/2008 1 Starting Balance Credits Debits Ending Balance Card Number : 511197XXXXXX7639 Date Posted Retailer Merchant/ ATM Location/ Confirmation Number 12/01/2008 MDS BORDERS - 0455 Camp Hill 12/02/2008 12/03/2008 MDS 12/04/2008 MDS 12/04/2008 MDS 12/06/2008 12/06/2008 12/06/2008 12/08/2008 12/08/2008 12/15/2008 12/16/2008 12/18/2008 12/18/2008 12/19/2008 12/19/2008 12/19/2008 12/20/2008 12/20/2008 MDS MDS MDS MDS MDS MDS MDS MDS MDS MDS MDS MDS MDS MDS 12/20/2008 MDS 12/20/2008 MDS 12/20/2008 MDS 12/21/2008 MDS 12/21/2008 MDS 12/21/2008 MDS 12/21/2008 MDS $12,045.28 $3,252.00 $2,598.39 $12,698.89 Trans.Type Charges Credits CASH PURCHASE $99.52 DEPOSIT FROM $3,252.00 STATE 60 NOBLE BLVD CARLISLE CASH PURCHASE $30.62 SAIDIS,FLOWER & LINDSA Carlisle CASH PURCHASE $800.00 WHITAKER CENTER-E-TI CASH PURCHASE $114.00 HARRISBURG BODY & SOLE SALON AND CARLISLE CASH PURCHASE $97.50 2574 WAL-SAMS CARLISLE CASH PURCHASE $16.03 TJ MAXX CARLISLE CASH PURCHASE $164.66 106 Camp Hill Mall Camp Hill CASH PURCHASE $16.10 106 Camp Hill Mali Camp Hill CASH PURCHASE $13.76 226 WESTMINSTER DRIVE CARLISLE CASH PURCHASE $41.27 2574 WAL-SAMS CARLISLE CASH PURCHASE $157.50 360 Dance Fitters LLC Carlisle CASH PURCHASE $40.00 226 WESTMINSTER DRIVE CARLISLE CASH PURCHASE $84.67 100 NOBLE BLVD BLDG 4 CARLISLE CASH PURCHASE $94.88 TJ MAXX CARLISLE CASH PURCHASE $49.80 2574 WAL-SAMS CARLISLE CASH PURCHASE $31.37 46 OUTLET SQAURE HERSHEY CASH PURCHASE $52.98 124 OUTLET SQUARE HERSHEY CASH PURCHASE $49.83 HILTON GARDEN INN HRSY CASH PURCHASE $164.73 HUMMELSTOWN PIZZA HUT LOUISVILLE CASH PURCHASE $13.23 HERSHEY HOULIHANS HERSHEY CASH PURCHASE $50.56 HERSHEY CHOCOLATE WORL CASH PURCHASE $15.85 HERSHEY HERSHEY'S CHOCOLATE WO CASH PURCHASE $7.09 HERSHEY 124 OUTLET SQUARE HERSHEY CASH PURCHASE $25.74 THE DISNEY STORE *957 HERSHEY CASH PURCHASE $63.04 t,++"o- iiAxnxnx, P.nnirard.com/t)aedcclient/balancelnquiry.recip 1/12/2009 12/24/2008 MDS 12/24/2008 MDS 12/24/2008 MDS 12/24/2008 MDS 12/24/2008 MDS 12/26/2008 MDS 12/28/2008 MDS 12/28/2008 MDS 12/30/2008 MDS 12/31/2008 MDS TJ MAXX #859 CARLISLE CASH PURCHASE $42.39 TJ MAXX CARLISLE CASH PURCHASE $32.08 60 NOBLE BLVD CARLISLE CASH PURCHASE $62.29 226 WESTMINSTER DRIVE CARLISLE CASH PURCHASE $13.23 321 YORK RD CARLISLE CASH PURCHASE $40.98 CARLISLE DINER CARLSIE CASH PURCHASE $14.36 THE SHOE DEPT 0626 CHAMBERSBURG CASH PURCHASE $19.98 1149 WALDENBKS CHAMBERSBURG CASH PURCHASE $43.40 950 WALNUT BOTTOM BUS CARLISLE CASH PURCHASE $21.18 950 WALNUT BOTTOM BUS CARLISLE CASH PURCHASE $13.77 Total Charges and Credits/ Deposits : $2,598.39 $3,252.00 Current Balance as of 01/12/2009 13:29: $15,950.89 If you find transactions you believe to be in error, or you wish to dispute a specific transaction, please contact the Customer Service Center immediately. Refer to your Comerica Issuer Disclosure Statement, which defines your rights and responsibilities as a cardholder. https://www.eppicard.com/paedcclient/balancelnquiry.recip 1/12/2009 - --a- - -- - Balances Pending Transactions History Statements Nicknames Change Access ID Change PIN Change icons Privacy & Security Zia- Amuift Account History ? TOTALLY FREE CKING TOTALLY FREE CKING 538204967 Show me Last 10 Days V My Current Statement My Previous Statement r-. This Date Range From To 1/12/2009 Helpful Hints All Available History (Current & Previous Statements) f Get History .1 ? Account Detail What Account History can be viewed? What is a Power Search? What is an Available Balance? What are Pending Transactions? Did POW You SEARCH int 18 mor,a,Ira of your Checking, Money Market AND Savings Statements online! Account Name TOTALLY FREE CKING Account Number 538204967 Previous Statement Date 12/26/2008 Today's Beginning Balance $12,065.41 Interest Rate 0.000% Pending Transactions Total $0.00 YTD Interest $0.00 Available Balance $12,065.41 _Power Search Please select one. History To sort by a column, click on its heading. No History Returned 1-800-204-0541 Live Customer Service 2417 1-800-YES-2003 Telephone Banking Service Copyright G 2003-2008 Pennsylvania Commerce Bancorp, Inc. i i 12/2009 1-800-204-0541 1 Locations I Send a Message I Logoff ? ????, PA 8857 , Request for Relief from Joint Liability L (11-02) • (innocent Spouse Relief, Separation of Liability and Equitable Relief) PA Department of Revenue ? Do not file with your tax return. ? See Instructions. Your name: Your Social Security Number. : J Your current address: NN'' Apt. no. Lt City, town or post office, state, and ZIP code. If a foreign address, see instructions Daytime phone no. -FA' + 7 Q E ( -71 -7 ) c!)?5L-1- 1..:? L • -You may not claim ihnoc:ent spouse relief, separation of liability or equitable relief unless you filed a joint return with your spouse during the year for which you are claiming relief. • Do not file this form if you filed a joint return showing an overpayment of tax and all or part of the overpayment was (or is expected to be) applied against your spouse's past-due Pennsylvania Personal Income Tax or child support liability(ies). Instead, file Form PA 8379, Injured Spouse Claim and Allocation, to have your share of the overpayment refunded to you. fIP The Department can help you with your request. if you are working with a Revenue employee, you can ask that employee for assistance, or you can call 717-772-9347. If you have been a victim of domestic abuse and fear that filing a claim for relief from joint liability ? will result in retaliation, check here .................................................:................. . Part I 1 Enter the year(s) for which you are requesting relief from liability of tax .................. 111. -31-0015 ......._ See Spousal Notification on page 3. 2 Information about your spouse (or former spouse) with whom you filed a joint return for the tax year(s) listed on Line 1. Na Social Security Number F ??Yti ?' r i-n t 03 ;5 ; 0815 Current home address (number and street). If a P.O. box, we instructions. Apt. no. City, tam or post office, state, and ZIP code. If a foreign address, see instructions. Daytime phone no. (if known) Hc??r risb r? , t?A 1--7110 (11-7) 3155 3 Do you have an UndersWerlhent of Tax (that is, the Department of Revenue has determined there is a difference between the tax shown on your return and the tax that should have been shown)? N Yes. Go to Part II. No. Go to Part IV. Part I) 4 Are you divorced from the person listed on line 2 (or has that person died)? Yes. Go to Line 7. ® No. Go to Line 5. 5 Are you legally separated from the person listed on Line 2? 0 Yes. Go to Line 7. 1 No. Go to Line 6. 6 Have you lived apart from the person listed on line 2 at all times during the 12-month period prior to filing this form? Yes. Go to Line 7. No. Go to Part lil. 7 If Line 4, 5, or 6 is Yes, you may request Separation of Liability by attaching a statement (see page 3). Check here and go to Part III below. Part III 8 Is the understatement of tax due to the Erroneous items of your spouse (see page 4)? ® Yes. You may request Innocent Spouse No. You may request Equitable Relief for Relief by attaching a statement (see the understatement of tax. Check Yes in page 2). Go to Part IV below. Part IV below. Part IV 9 Do you have an Underpayment of Tax (that is, tax that is property shown on your return but not paid) or another tax liability that qualifies for Equitable Relief (see page 4)? ® Yes. You may request Equitable Relief El No. You cannot file this form unless Line 3 by attaching a statement (see page 4). is Yes. Under penalties of perjury, I declare that I have examined this form and any ecxompanft schedules and ataternerft, and to the best of my WwAodge and belief, they are true, conect and complete. Declaration of preparer (other then taxpayer) is based on all information of which preparer has any knowledge. Sign Here Your signature Dale Keep a copy 8 CCe i of this form for Your records ?._ 4' l fJ r y 1 1 a o Id13 013 Paid Preparer's , Date Check If Preparer's SSN or PTIN Preparer's signature self-employed Firm's name (or yours EIN Use, only ployed)and address ZIP code Page 1 PA 8857 (11-02) corm PA 12510 QUESTIONNAIRE FOR SPOUSAL RELIEF FROM JOINT LIABILITY FOR REQUESTING SPOUSE (11.021 (Used in conjunction with Form PA 8857, Spousal Relief from Joint Liability) Your Name: Your Social Security Number: Purpose for this information Depending on the nature of your claim for relief for joint liability, we must evaluate many factors including: • Your marital status; • Whether the items that created the liability are yours; • Whether you believed that your spouse paid, or was going to pay, the tax due that you reported on your return; • Your current financial situation; and • Considering all the facts, is it fair to hold you responsible for the liability? The Department recognizes that some of the questions below involve sensitive subjects; however, the Department needs this information to evaluate the circumstances of your case and properly determine whether you qualify for relief. Instructions The questionnaire is divided into 5 parts. All parts may not apply to you. Please read the instructions for each part to see if it applies to you. If so, answer all the questions for that part. If more space is needed, you may attach additional pages. Attach any documents you have that support your answers. PART I - Complete this part for all requests for relief (innocent spouse relief, separation of liabilities or, equitable relief). 1 a. Are you crediting an overpayment to a prior year tax liability or the execution of a lien against your property requesting a refund for any payment you made individually? ? Yes ?2(No 1 b. Identify the date and amount of these payments. Provide any documentation you may have to prove you made these payments such as correspondence from the Department and copies of the front and back of cancelled checks or money orders. -- --., 2. What is the current marital status between you and the (ex)spouse with whom you filed the joint return(s) for the year(s) you are requesting relief? M Married and living together ? Married, living apart Provide date (month, day, year) ? Legally Separated Provide date (month, day, year) / I ? Divorced Provide date (month, day, year) ? Widowed Provide date (month, day, year) (Enclose a complete copy of the separation agreement, divorce decree, or death certificate. If you are stilt married but living apart, provide documentation to verity the date of your separation, such as copies of your lease agreement or utility bills in your individual name.) 3. Why did you file a joint return(s) instead of your own separate return(s)? i ?4 i 1 ?1 =? tlt ` 1C it, I' 1 f ? 4. What was your involvement in the preparation of the return(s)? N c3n? - . 1 li?.?l.`t-'??r_i L?l`1 t,?. '?L?C C'`}-;'l-E.v". -?- ?+C?t`11-t- •`` ` ?' 1,- 1`??Tl ? ? .. }C? 5. Did you review the tax return(s) before signing? ? Yes No If no, explain why not. - y_ I lrr? t i `tu I-) 1-r'0(-V r S ,` I - }???Iu???ct y.. .(' 1vr?V '?I'1rY'1'PXi ?u i -( r 1 t c. ; <1 t ?, ?cnth n#r f?` r Pagel of 1?..)? NA-?. ??t+ ? rm PA 72510 6. If your (ex)spouse was self employed, did you assist him/her with the business? ? Yes No If yes, what were your responsibilities? 7a. During the year(s) in question, did you have your own separate bank account? Q Yes ? No If yes, indicate the type of account(s), the financial institution and account number(s). i?E:; C?.. t'- l.? i-C4?t LJG•-tea 't ?:.:{CCU ? ?? t,il??????I ?'-"-" 4_?;' -i S )E"? S- ? ?- ?l?' 1 C `l 7b. What funds were deposited to the account(s)? 7c. What bills were paid out of the account(s)? ?- ??:! ill :` ?• ? >`: . _ ?c c 1 ?..?t f ? iA l Qv'? 'o 0_ C. ?431 8a. During the year(s) in question, did you and your (ex)spouse have any joint bank accounts? Yes ? No If yes, indicate the type of account(s), the financial institution and account number(s). \{ `41\ -C)Zrj} Il E C?l_t. c 3?05 CI -tt 8b. What access did you have to the account(s)? G_v (?ri «_? i_+ _ {-u- lek c_ Cf,c k„-F C t.t-c C . 8c. What funds were deposited to the account(s)? t 15.:1•" . '? ?'\,: 5 °? r-1'f GC C- '^U_ ?i?;?' ? r ?1•?. CI.E: - .,' =?v4?-t i1 ??t? ' ?lli fY1 ? ?. 5 ? ??? t;.t: c a:=;l.: !, 8d. Who made t i deposits? 1111". ?G? , , Y? 1Ci.c"' G ?_'.??'C??'• L ?5 , 8e. What bills were paid out of the account(s)? '`?t.L.?C,{ vi.a.?' G^-F- ?t? ? 5 t'_??C.?Jt'lC ? G.c ?:..c?l.i? ?' C i`.? i c C'f' } ?J ? l ?:? ??' C"? }" ?Zc ' ? 1 Y 1?t YL CS-?" 1*-S c5 1•~?C? t:"} t tic _v s?. Ci- tom: 5 ". K X ?.: Ci C' ?? ? -_? C A I-?- 8f. Who wrote the checks? CC` E:- C -'?f- 8g. Did, you review the monthly bank statement? , j_ ff'Yes ? No 8h. Did you balance the checkbook to the bank statement? ? Yes )"No's 4 \ tF? ?, -A 4 f e,.« L ?r.??`t? k`?,-?-C??t1 t k?? ?C? ??tf ? c ? 4 r ? 1 ? i {'• l l?'.C '1 L Y : I' 1 JC'A CL -L- Ll 9. Did u pick up and open the household mail? 4 Yes ? No 10. Identify any periods of separation between you and your (ex)spouse during the year(s) in question. 11 jh 1v ..`1: k. (.+E .' ?.c'.s`S Cr 1l? ? t?`?_i•c_. flC:? --x ?'tt.e'Ct??'_c{. i-a? `} t? -t i j 1Y?j ?Jc'r?: t Mly: ?:L c1 rl??li l '?,li.: r_-r. "( c__K r L> Lk , ; l } 1 c<_ t L ?c? ; L ?[tr 1 k.:?_.<. Form PA 12510 Page 2 of 4 PART 3 - Complete this part If you are requesting relief for additional tax as a result of a Department examination. ia. At the time of ?Igning, were you concerned about any item(s) omitted from or reported on the return(s)? p Yes M No 1 b. If yes, which item(s) did you inquire about and what responses did you get? V N(71- 1c. At that time, describe how much you knew about each of the incorrect item(s). 2. At that time of signing, if you were not concerned about any item(s), when and how did you first become aware of the incorrect item(s)? _ Lr... ry ?.E?C'? f "? t...?i ti C C.. ! ?^-?._ K ..tr?? CA-) r`: r ?-, t?„ 4 -1,l PART 4 - If you completed PART 2, complete this part. If you completed PART 3,'completing this part is optional. However, doing so now may expedite consideration of your claim. We need the information below to determine whether paying the tax liability would leave you unable to meet basic liv- ing expenses. We base this on your current average monthly household income and expenses. Household includes a spouse or another person living with you. Average Monthly Household Income and Expenses Total number of people in household Total number of dependents in household Income Amount Expenses Amount * Wages W Rent or Mortgage , 0 - C" * Pensions - Food C" * Unemployment Utilities _Q1 0-) * Social Security Telephone * State, Local and Federal Support --- Auto Payments Alimony Auto Insurance Child Support Auto - Gasoline & Repairs Self-Employment Medical - Insurance & Other Rental Income Life Insurance Interest and Dividends Clothing Other Child Care *Net of withholding for taxes Public Transportation Other ------- PART 5 - Complete this part for all requests for relief. Under penalties of perjury, I declare that I have examined this statement and to the best of my knowledge, it is true, correct, and complete. Signature: Date signed: Daytime phone number: Hest time to call: cl% r'i !` j c`, (? Yfi I For Privacy Act Information, please refer to Notice 609 or Form 8857. Form PA 12510 Page 4 at 4 11.`If you were abused by your (ex)spouse during the year(s) at issue, please describe the nature and extent of the abuse. Provide documentation such as police reports, doctor's statements, or an affidavit from someone aware of the abuse. 12. What was your highest level of education during the year(s) you are requesting relief? Note any business or tax-related courses you completed by that time. 13. What was your (ex)spouse's highest level of education during the year(s) you are requesting relief? Note any business or tax-related courses he or she completed by that time. 14 What business experience did you have during the year(s) you are requesting relief? ?_ ?_ S 0- ?.C, , )?t??:_ C? ti:-- V, i Lam' -cam 15. Have any assets been transferred from your (ex)spouse to you? ? Yes No If yes, list the assets and the date of transfer. Explain why they were transferred to you. 16. How was the extra money from the unpaid taxes spent? NO ? 1?1O 17. Explain any other factors you feel should be considered for granting relief. r?s y, r\C) C_ V raj 6 LA A 0-, 1 oL`c C.4c I1 CA 4-ckI , I 'f1C"'? ? ?! PART 2 - Complete this part if you are requesting relief for a balance due shown on your return when filed, but not paid.1' ><' 1 a. At the time you signed the retum(s) did you know there was a balance due? Ef"Yes ? No 1 b. If no, explain why you did not know. I 1R,- 1 c. If yes, explain when and how you thought it would be paid. -?_._ C < ;? ._.. ?.? r?l•-?? 11"?Y'. `??G _?':? ?? v :;c.:' . ? ?..?_?s?; ? c',? i xt,,? l.? ?_ ?'k .• 1 `=> lA { 7? 1 li t?-1 Y 2. Describe what funds were available at the time to pay the balance due. S lb\C'_±t) S 3. At the time you signed the return, did you know about any financial problems you and your (ex)spouse were having such as a bankruptcy, high credit card debt, or difficulty in paying monthly living expenses? [U Yes ? No If yes, please describe them. v_XC4 1W,_ii"\ v. : ?' \i v il_?vK-t ??C ?![t 1? t s ?I lY j ,)a ?U'ZI $ I y? ? '? -5 11 o-4 4. After the return(s) was filed, what efforts were made by ou and your (ex)spouse to pay the tax? 0Y) _L {?- ` -?> ?E ?1. ? 6 ?•_-t i-??e ?? ,{- ?._.:?_?? ??:ttc {JJ X1;11"? 1? , ?c'1 .L ??. r. ? ?•lt t?<*-? l t a4 x. `' t 1 i` V 1L , k i f-? C? l t v A,.' ?° i i?_ Porm PA 12507 (3-03) 1 INNOCENT SPOUSE STATEMENT Purpose of form: You can use this form to provide additional information to the PA Department of Revenue to consider in determining relief of joint and several liability for the tax year(s) at issue in the letter you received with this form. NOTE: You can use the back of this page or attach additional pages if you need more space. My Name Social Security Number Daytime Telephone Number Best Time to call INNOCENT SPOUSE STATEMENT residing at {J __t ac 0614 11sic `7 C? 13 make the following statement to be used in the determination of innocent spouse relief for Mr. `,Mrs s € sILI iiy+ ra'O?aeh?, 2A ?.{iU. fi C ...?:???A? -- --F ?12 ??Y712 C _4 )11 r?lii '1t:::?I 1 11 11 P Under penalties of perjury, I declare that I have examined this statement, and to the best -- of my knowledge and belief, it is true, correct and complete. Signature www revenue.state.12a.us Date PA Department of Revenue \A 4-kc.. 4 F , F•!, c )' ? 1r ii ! (_i? f C I i ?L ' C I ?i ) licii?????? : Laf .. e i h^\ e'j + ",*dr tji T "y i . ? . 't K.? ` .-.. F i ?r' 1 1 /._.)t'"?. •. r ?? ?:6„J? ????'.alr' tF:'.F?A? It _4°` !,-.. ?? ?: ?•-.. -,? ?..'?, _..d ti :..W ...,, 1 !{I a. ? i?1•i- -.-• i ?'_,€^ ?' sir? ? ,®? P? ?i ? ? r ?? ? ; < r' ?. Y ?,i-,` 1 .?.. `.••. , ::, ?c'?-... ? ? t'-? _ }" ? ;-?;( t:. r OL LA on v t it I r - ? f O)i 4 L) L, T VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsifications to authorities. Donna K. Pedersen Date: J -a o 09 FLOWERR & LIlVDSAY 26 West High Street Carlisle, PA I A CERTIFICATE OF SERVICE On this 'A Ufh day of January, 2009, I, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, FLOWER & LINDSAY, hereby certify that on this date a copy of the attached document was served on the following individual, via first class mail, postage prepaid, addressed as follows: Steven Howell, Esquire 619 Bridge Street New Cumberland, PA 17070 SAIDIS, FLOWER & LINDSAY Cir/_ Lindsay, Esq I Supreme Court ID No. 44693 26 West High Street Carlisle, PA 17013 717-243-6222 SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA J _? - ? ? T? ? .? f'..? C. '. f r 1 ::,.p .! ?? 03/03/2009 12:54 7172436510 SAIDIS FLOWER & LIND PAGE 05/05 w SAWIS 4ANVER pL U DS" 26 Wcar High Street Carlisle, rA DONNA K. PEDERSEN, IN THE COURT OF COMMdN PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW i NO. 07-1287 THOMAS S. PEDERSEN, Defendant DIVORCE AND CUSTODY ORDER OF COURT AND NOW, this day of March, 2009, upon consideralon of the letter of Plaintiffs counsel, and upon consideration of this Court's Order of Deceinber 24, 2008, the hearing set for March 4, 2009 at 11:00 AM is hereby continued to the day of 2009 at o'clock A. M in Courtroom Number 1 at the Courthouse in Carlisle, Pennsylvania on the Petition for Contempt filed;by the Plaintiff on October 14, 2008. ?enla 4< C4>p 3?Y?o3 Mr ??.?:. *11 M84Ar -40 1 11 I DONNA K. PEDERSEN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 07-1287 THOMAS S. PEDERSEN, Defendant DIVORCE AND CUSTODY ORDER OF COURT AND NOW, this -,Liday of May, 2009, upon consideration of the letter of Plaintiff's counsel, and upon consideration of this Court's Order of December 24, 2008, the hearing set for May 27, 2009 at 9:30 AM is hereby continued to the ,a?24ek, day of 2009 at b _ o'clock _M in Courtroom Number 1 at the Courthouse in Carlisle, Pennsylvania on the Petition for Contempt filed by the Plaintiff on October 14, 2008. SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA BY THE COURT, el.. I t F`V ! Z ? V 6 002 LAW OFFICES l JOHN E. SLIKE ROBERT C. SAIDIS JAMES D. FLOWER, JR CAROL J. LINDSAY JOHN B. LAMPI DANIEL L. SULLIVAN DEAN E. REYNOSA THOMAS E. FLOWER MARYLOU MATAS JASON E. KELSO SAIDIS, FLOWER & LINDSAY A PROFESSIONAL CORPORATION 26 WEST HIGH STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 243-6222 - FACSIMILE: (717) 243-6486 EMAIL: attorney@sfl-law.com www.sfl4aw.com May 22, 2009 Via Facsimile: (717) 240-6462 The Honorable J. Wesley Oler, Jr. Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Re: Pedersen v. Pedersen No. 07-1287 Dear Judge Oler: CAMP HILL OFFICE: 2109 MARKET STREET CAMP HILL, PA 17011 TELEPHONE: (717)737-3405 FACSIMILE: (717)737-3407 REPLY TO CARLISLE Counsel and I have agreed that the hearing scheduled for Wednesday, May 27, 2009 at 9:30 AM can be continued for a period of approximately three months. Enclosed please find a proposed Order. Thank you for your help. Very truly yours, SAIDIS, FLOWER & LINDSAY C4w Carol J. Lindsay, Esquire U h? CJL/bes Enclosure cc: Donna Pedersen Steven Howell, Esquire (via facsimile: 770-1278) . a DONNA K. PEDERSEN, Plaintiff V. THOMAS S. PEDERSEN, : Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-1287 CIVIL TERM IN RE: PLAINTIFF'S PETITION FOR CONTEMPT ORDER OF COURT AND NOW, this 27`h day of August, 2009, upon consideration of the attached letter from Carol J. Lindsay, Esq., Attorney for Plaintiff, the hearing scheduled for August 27, 2009, is continued to Wednesday, December 9, 2009, at 1:30 p.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, I.,"-Wesley Old, Jr., J. Carol J. Lindsay, Esq. 26 West High Street Carlisle, PA 17013 Attorney for Plaintiff Steven Howell, Esq. 619 Bridge Street New Cumberland, PA 17070 Attorney for Defendant :rc OF THE ?o -PRY 2009 AUG 27 PI" 2: 55 DONNA K. PEDERSEN, Plaintiff V. THOMAS S. PEDERSEN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-1287 DIVORCE AND CUSTODY ORDER OF COURT AND NOW, this _ day of December, 2009, upon consideration of the agreement of counsel, the hearing set for December 9, 2009 at 1:30 PM is hereby continued to the day of , 2010 at '3© o'clock ?, _M in Courtroom Number 1 at the Courthouse in Carlisle, Pennsylvania. BY THE COURT, J s ey Oler, ., SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA ._ ? FILED-OFFICE OF THE FROTW TARP 2009 DEC 10 PM 3: 2 2 DONNA K. PEDERSEN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 07-1287 THOMAS S. PEDERSEN, Defendant DIVORCE AND CUSTODY ORDER OF COURT AND NOW this day of March, 2010, upon consideration of the agreement of 7SAMIS,, LE'4DSAY Monruw 26 West High Street Carlisle, PA counsel, the hearing set for March 24, 2010 at 1:30 PM is hereby continued to the 3 jo(i day of , 2010 at 3,ey o'clock -EM in Courtroom Number 1 at the Courthouse in Carlisle, Pennsylvania. N -1? a.L 194 31!9/16 01/ -ruc !'1'11 ITT r 7 IN THE COURT OF COMMON PLEAS OF DONNA K. PEDERSEN :CUMBERLAND COUNTY, PENNSYLVANIA V. THOMAS S. PEDERSEN NO. 07-1287 DIVORCE DECREE AND NOW, ~~cy ~ ~ ,Z ° I D , it is ordered and decreed that DONNA K. PEDERSEN ,plaintiff, and THOMAS S. PEDERSEN ,defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") The terms of the attached Marital Settlement Agreement, dated January 22, 2010, are incorporated but not merged into this Decree in Divorce. Prothonotary By the Court, C9.3o • (O CQ.r~..~-. Cod c~ rna~ fed ~ • 30 - l Ca ~k~; cs~ n~t.~ (e~ -to .k c~ A+ha Cam' r~dso.~ , ~De~1-.