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HomeMy WebLinkAbout07-13300 Law Offices of Lee E. Oesterling & Associates, LLC 42 East Main Street Mechanicsburg, PA 17055 (717)-790-5400 IN THE COURT OF COMMON PLEAS OF THE 9" JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA DANIEL R. STEFANOWICH, JR. Plaintiff, No. D?? 133d G.?`?cC V. : Civil Action - Divorce BRENDA L. STEFANOWICH Defendant NOTICE TO DEFEND AND CLAIM OF RIGHTS YOU HAVE BEEN SITED 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. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 YN & COYN p(3 Lisa Marie Coyne,kq. -14 L Pa. Supreme Ct. No-1070 3901 Market Street®R SYNp Alva Camp Hill, PA 1701- (717) 737-0464 PETITIONER DANIEL R. STEFANOWICH, JR., Plaintiff VS. BRENDA L. STEFANOWICFI, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-1330 CIVIL TERM ACTION IN DIVORCE CERTIFICATE OF SERVICE I, Lisa Marie Coyne, Esquire, of Coyne & Coyne, P.C., hereby certify that a true copy of the Rule to Show Cause, dated December 30, 2011, was served this date upon the below- referenced individual at the below listed address by way of first class mail, postage pre-paid: Mrs. Brenda L. Stefanowich 4183 Grouse Court, Apt. 106 Mechanicsburg, PA 17050 COYNE & COYNE, P.C. Dated: 1 J12- BY: Lisa Marie Coyne, Esquire 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Pa. S. Ct. No. 53788 Petitioner DANIEL R. STEFANOWICH, JR., IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2007-1330 CIVIL TERM BRENDA L. STEFANOWICH, CIVIL ACTION -LAW Defendant/Respondent IN DIVORCE ORDER AND NOW this a? day of 2011, upon consideration of the Petition to Terminate Alimony, a hearing is scheduled on, a7 * urtroom No. &A4.,a a..,_ A 20/t? at 36)G, Co 01 Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT: DISTRIBUTION: Diane S. Baker, Esquire, P.O. Box 6443, Harrisburg, PA 17112-0443 ? Lisa Marie Coyne, Esquire, 3901 Market Street, Camp Hill, PA 17011-4227 v C-, x C" 37 t- nv rn - 'H7 r? Law Offices of Lee E. Oesterling & Associates, LLC 42 East Main Street Mechanicsburg, PA 17055 (717)-790-5400 IN THE COURT OF COMMON PLEAS OF THE 96 JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA DANIEL R. STEFANOWICH, AL Plaintiff, No. D `7 - 1 3 3 6 G? f -{ rCM. v. Civil Action - Divorce BRENDA L. STEFANOWICH Defendant COMPLAINT UNDER SECTION 3301(C) OR 3301(D) OF THE DIVORCE CODE 1. Plaintiff is Daniel R. Stefanowich, Jr., an adult individual, sui juris, who currently resides at 751 Manada Bottom Road, City of Harrisburg, County of Dauphin, Commonwealth of Pennsylvania 17112. 2. Defendant is Brenda L. Stefanowich, an adult individual, sui juris who currently resides at 4183 Grouse Court, Apt 106, City of Mechanicsburg, County of Cumberland, Commonwealth of Pennsylvania 17013. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for a period of more than six (6) months immediately preceding the filing of this complaint. 4. The parties were married on the 17th day of August 1985, County of Chemung, State of New York 5. Plaintiff is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 6. There has been 1 prior action for divorce or annulment instituted by Plaintiff which was dismissed for lack of venue. 7. For purposes of § 3301(d) of the Divorce Code, the parties have been living separate and apart since on or about April 1512001. 8. The marriage is irretrievably broken. 9. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. 10. Plaintiff intends to file an affidavit of consent after 90 days have elapsed from the date of service of the Complaint on the defendant and believes that defendant will also file such an affidavit. COUNTI REQUEST FOR A NO-FA ULT DIVORCE UNDER § 3301(c) OF THE DIVORCE CODE 11. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 12. The marriage of the parties is irretrievably broken. WHEREFORE, Plaintiff respectfully requests the Court to enter a decree of divorce pursuant to § 3301(c) of the Divorce Code. COUNT u PETITION FOR EQUITABLE DIVISION, DISTRIB U77ON AND ASSIGNMENT OF MARITAL PROPERTY 13. The averments of paragraphs 1 through 12 of Count I are incorporated herein by direct reference thereto as if set forth verbatim. 14. The parties are owners of various items of property which may qualify as marital property as defined in Section 401 of the 1980 Divorce Code. 15. More specifically the husband has a military pension which is all or in part marital in nature. 16. Said marital property is subject to equitable division, distribution and assignment by this Court. WHEREFORE, Plaintiff prays that this Honorable Court: (a) equitably divide, distribute and assign all the parties' marital property; (b) enjoin either party from transferring or encumbering any marital property during the pendency of this action. LAW OFFICES OF LEE E. OESTERLING & ASSOCIATES, LLC Lee E. OesterlMg,,j,j?.,#i-11 Attorney for Plaintiff 42 East Main Street Mechanicsburg, PA 17055 (717)790-5400 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: 2 DeT, 2U6 (`-' o o(? ? \ O ? r ? -? n ? ?? C- ?::? rJ - -: i ~J n "? .,? J? C'? { -'? ? ?• i D ? ? ,-J? ( 1 - :_ _ ??j -° tii A? ?? ?? c o" c t? -?.. Law Offices of Lee E. Oesterling, LLC 42 East Main Street Mechanicsburg, PA 17055 (717) 790-5400 IN THE COURT OF COMMON PLEAS OF THE 9th JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA DANIEL R. STEFANOWICH, JR Plaintiff, V. : No. 07-1330 Civil Term Civil Action - Divorce BRENDA L. STEFANOWICH Defendant PRAECIPE TO REINSTATE J REISSUE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate and mark reissued the Complaint in the above captioned matter in accordance with Pa.R.C.P. 401. Lee E. Oest-efts ;'Esc Attorney for Plaintiff C? Cj ? c? QJ ?1 AaalP/ /Q• Sz-'e'61-rwAllc h . ?r vs. SLc?ar?o wich In the Court of Common Pleas of Cumberland County, Pennsylvania Q ?7 /u 3a Civil. i?' 2aD'7 No. ,o4--,1A14,4 Y "ISS 414 r V 0 Cb y,00P.610L/ .' 7- / A-1 7i7'E -7060 UE CJ}PT/O??O V O C To Prothonotary ?- 2F! h9` 2Q°7 Attorney for Plaintiff ?? No. Term, 19 vs. PRAECIPE Filed ?q©'1 b .?IP-2 p ? -V e (? 00101 ii ?pp?/?V?INrYAWNN?3d ,kIN c),) ' Ffi r r yr €I :Z WJ LZ Inr LOOZ 19 Atty. IWI ONOHiOW M A0 rl)#da?H Law Offices of Lee E. Oesterling, LLC 42 East Main Street Mechanicsburg, PA 17055 (717)-790-5400 IN THE COURT OF COMMON PLEAS FOR THE NINTH JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA DANIEL R STEFANOWICH JR Plaintiff, : No. 07-1330 V. BRENDA L. STEFANOWICH Defendant Civil Action - Divorce SUPPLEMENTAL COMPLAINT AMENDING AS OF COURSE THE INITIAL COMPLAINT TO ADD COUNT UNDER 23 Pa.C.& 43301(D). AND NOW, Plaintiff, Daniel R. Stefanowich, Jr., in accordance with Pa.R.C.P. 1920.13, by and through counsel Lee Eric Oesterling, Esquire, amends as a matter of course the complaint in divorce docketed at the above captioned civil action to include the following: COUNT III REQUEST FOR A NO FAULT DIVORCE UNDER §3301(d) OF THE DIVORCE CODE 15. The prior paragraphs of the Complaint docketed at 07-1330 Civil Term, numbered 1 through 16 are incorporated by reference as if fully set forth herein. 16. The marriage is irretrievably broken and Plaintiff has filed an affidavit alleging that the parties have been living separate and apart for a period of greater than two (2) years. The unilateral affidavit is attached hereto as Exhibit "A" and incorporated by reference thereto. WHEREFORE, Plaintiff prays that this Honorable Court enter a decree in divorce pursuant to §3301(d) of?Divorce Code. 71320 42 East Main Street Mechanicsburg, PA 17055 (717) 790-5400 ?-) 74 W Law Offices of Lee E. Oesterling, LLC 42 East Main Street Mechanicsburg, PA 17055 (717) 790-5400 IN THE COURT OF COMMON PLEAS OF THE 9th JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA DANIEL R. STEFANOWICH, JR Plaintiff, No. 07-1330 Civil Term V. Civil Action - Divorce BRENDA L. STEFANOWICH Defendant NOTICE IF YOU WISH TO DENY ANY OF THE STATEMENTS SET FORTH IN THIS AFFIDAVIT, YOU MUST FILE A COUNTER AFFIDAVIT WITHIN TWENTY DAYS AFTER THIS AFFIDAVIT HAS BEEN SERVED ON YOU OR THE STATEMENTS WILL BE ADMITTED. AFFIDAVIT UNDER 23 P.S. § 3301 (D) OF THE DIVORCE CODE 1. The parties to this action separated on April 15, 2001 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: 4 V a x Law Off m of Lee E. Oesberlin& LLC 42 East Malin Street Mechanicsburg, PA 17055 (717) 790-5400 IN THE COURT OF COMM PLEAS OF TM 96 JUDICIAL DISTRICT CUMBERLAND COUNTY, PFNMYLVANTA DANIEL R. SI'EFANOWICIL JR. P V. BRENDA L STEFANOWICH Defendant : No. 07--1330 Civil Team . Civil Action. - Divorce PiLAECIPE TO RIPMATE / REISSUE COMPLAINT TO THE PROTHONOTARY: Kindly minatde and mark reissued dee Complsiat in the above captioned maker in awardmw wide Pa.R.C.P. 401. Lee E. Oeeaerll bas Attorney for Plaintiff C7 ? Q t wo COYNE & COYNE, P.C. Lisa Mane Coyne, Esquire Pa. Supreme Ct. No. 53788 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 DANIEL R. STEFANOWICH, JR., Plaintiff VS. BRENDA L. STEFANOWICH, Defendant Attorney for Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-1330 CIVIL TERM ACTION IN DIVORCE ANSWER AND COUNTER CLAIM AND NOW COMES, Defendant, BRENDA L. STEFANOWICH by and through her counsel, Lisa Marie Coyne, Esquire, of Coyne & Coyne, P.C., and files this Answer and Counterclaim: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted on information and belief. 6. Admitted. By way of further answer, complaint was dismissed for a lack of venue without any objection noted or filed by the Plaintiff. 7. Denied. The averments contained in Paragraph 7 are, in part, conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, Defendant is without sufficient knowledge or information to form belief as to the truth of the remaining averments of Paragraph 7 and the same are therefore denied and strict proof demanded at the time of trial. 1 P ,f 8. Denied. 9. Denied. After reasonable investigation, Defendant is without sufficient knowledge or information to form belief as to truth of the averments of Paragraph 9 and Defendant has no knowledge of what, if anything, the Plaintiff was advised and same is therefore denied and strict proof demanded at the time of trial. 10. Neither admitted nor denied, as this is a conclusion of law to which no response is required. WHEREAS, Plaintiff has failed to request any relief, Defendant respectfully requests this Honorable Court dismiss the request for entry of a No-Fault Divorce under Section 3301(d) of the Divorce Code. COUNTI 11. Paragraphs 1 through 10 are incorporated herein by reference. 12. Denied. By way of further response, the marriage has become damaged through the fault of the Plaintiff and his adulterous conduct, among other things, during the marriage. WHEREAS, Defendant respectfully requests this Honorable Court dismiss the request for entry of a No-Fault Divorce under Section 3301( c) of the Divorce Code. COUNT II 13. The averments of paragraphs 1 through 12 are incorporated herein by reference. 14. Admitted. 15. Admitted 16. Admitted 2 P COUNTERCLAIM: Count 1: REQUEST FOR ALIMONY, ALIMONY PENDENTE LITE, SUPPORT, ATTORNEY FEES, EXPENSES AND COSTS 17. Paragraphs 1 through 16 of this Answer are incorporated herein by reference. 18. Defendant lacks sufficient property to provide for her reasonable means and is unable to support herself and the parties children in the standard of living established during the marriage through appropriate employment. 19. Defendant has employed counsel, but is unable to pay the necessary and reasonable attorney's fees for said counsel. 20. Defendant is unable to sustain herself during the course of this litigation and will require alimony pendent elite in order to do so. 21. Defendant requires reasonable alimony to adequately maintain herself in accordance with the standard of living established during the marriage following the issuance of any decree in divorce. 22. Plaintiff has adequate earnings to provide for the Defendant's support and to pay her counsel fees, costs and expenses. WHEREFORE, Defendant, respectfully requests the Court to: (1) enter an award of Alimony Pendente Lite, interim counsel fees, costs and expenses, until final hearing and thereupon award such additional counsel fees, costs and expenses as deemed appropriate; (2) enter an award of alimony in her favor; and (3) all other relief deemed appropriate by this Honorable Court. 3 P r COUNT II: Request for Entry of Divorce Pursuant to 63301(a)(2). (a)(3) and/or (a)(6) of the Divorce Code 23. Paragraphs 1 through 22 are incorporated herein by reference. 24. During the marriage, Plaintiff has engaged in adulterous conduct which has resulted in the Plaintiff fathering a child outside of wedlock to the shock and embarrassment of the Defendant and Plaintiff continuing the course of an intimate adulterous relationship with a woman not his wife. 25. During the marriage, Plaintiff has engaged in a course of conduct to embarrass and cruely treat the Defendant. 26. Defendant is the innocent and injured spouse. 27. Plaintiff has offered such indignities to the Defendant, the innocent and injured spouse as to render Defendant's condition intolerable and life burdensome. WHEREAS, Defendant respectfully requests that this Honorable Court find the Plaintiff at fault for the dissolution of this marriage and enter a decree in divorce to Defendant pursuant to Sections 3301(a)(2)(3) and/or (6) of the Divorce Code. Respectfully submitted, Dated: 1 ? SC P 1 COYNE & COYNE, P.C. By: V13 MARIE COYNE ESQUIRE Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Pa. S. Ct. No. 53788 Attorney for Defendant 4 l The fads set forth in the foregoing are true and correct tQ the best of the undersigned's knowledge, infornmhon and belief and are verified subject to the penalties for unworn falsification to authorities under 18 Pa. C.S.A. §4904. Dated: r-0 7 5 CERTIFICATE OF SERVICE I, Lisa Marie Coyne, Esquire, of Coyne & Coyne, P.C., hereby certify that true copy of the foregoing Answer and Counter Claim was served this date upon the below-referenced individuals at the below listed address by way of first class mail, postage pre-paid: Lee E. Oesterling, Esquire 42 E. Main Street Mechanicsburg, PA 17055 Dated: 10 S u'P z?? e. sa MariCoyne, Esquire O1 et Street Camp ill, PA 17011-4227 (717) 737-0464 Pa. S. Ct. No. 53788 Attorney for Defendant 5 r? O C? 7 P A COYNE & COYNE, P.C. Lisa Marie Coyne, Esquire Pa. Supreme Ct. No. 53788 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 DANIEL R. STEFANOWICH, JR., Plaintiff VS. BRENDA L. STEFANOWICH, Defendant Attorney for Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07-1330 CIVIL TERM ACTION IN DIVORCE DEFENDANT'S PETITION FOR EQUITABLE DISTRIBUTION, ALIMONY PENDENTE LITE, COUNSEL FEES, COSTS AND EXPENSES AND ALIMONY AND NOW comes the Defendant/Petitioner, Brenda L. Stefanowich, who, by and through her attorneys, Lisa Marie Coyne, Esquire, files this Petition for Equitable Distribution, Alimony Pendente Lite, Counsel Fees, Costs and Expenses and Alimony, in which she avers that: 1. Defendant/Petitioner, Brenda L. Stefanowich, is an adult individual residing at 4183 Grouse Court, Apartment 106, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Plaintiff/Respondent, Daniel R. Stefanowich, is an adult individual residing at 751 Manada Bottom Road, Harrisburg, Dauphin County, Pennsylvania 17112. 3. Plaintiff/Respondent filed a Divorce Complaint in this matter on or about March 9, 2007; however, service of the Complaint was not made upon the Defendant until more than thirty (30) days after the Complaint was filed and Plaintiff/Respondent did not reissue the 4V complaint as required by the Pennsylvania Rules of Civil Procedure; but, instead, counsel for Plaintiff stuck the complaint in Defendant's screen door sometime during the evening hours of June 28, 2007. 4. On or about September 10, 2007, Defendant filed an Answer and Counterclaim to the Divorce Complaint. 5. Plaintiff/Respondent and Defendant/Petitioner have acquired property, both real and personal, during the marriage which constitutes marital property subject to equitable distribution under the Divorce Code. 6. Plaintiff/Respondent and Defendant/Petitioner each owned, prior to the marriage, personal property which has increased in value during the marriage, and/or which has been exchanged for other property which has increased in value during the marriage, all of which property is marital property, subject to equitable distribution under the Divorce Code. 7. Plaintiff/Respondent and Defendant/Petitioner have been unable to agree as to an equitable division of said property. 8. The parties are the parents of two minor children who reside with Defendant/Petitioner. 9. Defendant/Petitioner lacks sufficient property to provide for her reasonable means and is unable to support herself in the standard of living established during the marriage through appropriate employment. 10. Defendant/Petitioner has employed counsel, but is unable to pay the necessary and reasonable attorney's fees for said counsel. 11. Defendant/Petitioner is unable to sustain herself during the course of this litigation and will require alimony pendent elite, expenses, and costs in order to do so. 12. Defendant/Petitioner requires reasonable alimony to adequately maintain herself 2 in accordance with the standard of living established during the marriage. 13. Plaintiff/Respondent has adequate earnings and income and resources to provide for the Defendant's/Petitioner's support and to pay her counsel fees, costs and expenses. WHEREFORE, Defendant/Petitioner, Cheryl E. Merritt, respectfully requests the Court to: (1) divide all marital property equitably between the parties; (2) enter an award of Alimony Pendente Lite, interim counsel fees, costs and expenses, until final hearing and thereupon award such additional counsel fees, costs and expenses as deemed appropriate; and (3) enter an award of alimony in her favor. Dated: ?cz_ 1 -1 Respectfully submitted, COYNE & COYNE, P.C. By: ------ is Marie Coyne, E uire Pa. Supreme Court o. 53788 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Attorney for Defendant/Petitioner CERTIFICATE OF SERVICE I, Lisa Marie Coyne, Esquire, of Coyne & Coyne, P.C., hereby certify that true copy of the foregoing Petition for APL, etc. was served this date upon the below-referenced individuals at the below listed address by way of first class mail, postage pre-paid: Lee E. Oesterling, Esquire 42 E. Main Street Mechanicsburg, PA 17055 Dated: _(S _ Li M Ae Coyne, Esquire39 arket Street Camp Hill, PA 17011-4227 (717) 737-0464 Pa. S. Ct. No. 53788 Attorney for Defendant/Petitioner 4 ?? "+D tJ is y,. IN THE COURT OF COMMON PLEAS FOR THE NINTH JUDICIAL . DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA DANIEL R. STEFANOWICH JR. Plainta V. BRENDA L. STEFANOWICH Defendant : No. 07-1330 Civil Action - Divorce COUNTER- AFFIpAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. Check either (a) or (b): (a) I do not oppose the ezitry of a divorce decree. (b) I oppose the entry of a divorce decree because (Check (i), (ii) or both): r) The parties ,tyo this action have not lived separate and apart for a period of at /two years. .K/• q,0 oCoys A.u, t'/?ass?P rl v cei sp-? ?/ ? er C o?+?e ?« •''t' JeW (u) The marriage is not irretrievably broken. 2. Check either (a) or (b): ? (a) I do not wish to make any claims for economic relief. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or if I do not claim them before the divorce is granted. (b) I wish to claim economic relief which may include alimony, division of p?bperty, lawyer's fees or expenw or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the prothonotary in writing and serve them on the other party. If I fail to do so before the daft set forth on the Notice of Mention to Request Divorce Decree, the Divorce Decree may be entered without further delay. vil we 'r'le and 0001"- to unswolR 4904 reW _a f of 18 pa.C.S. § I veY mean aae obje fa?lsi`a to T enda y (W DIVOR+' D k YOU ?,roow SSTHEE ?O C R'ELIEF' no NOT ANY C u ?yOL "a 14 AN U yo DO NdT T4tN' A 'T- 40FJLD ,,or 5-0 rp y. DANIEL R. STEFANOWICH, JR., Plaintiff/Respondent VS. BRENDA L. STEFANOWICH, Defendant/Petitioner THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 07-1330 CIVIL TERM IN DIVORCE PACSES CASE NO: 741109452 ORDER OF COURT AND NOW, this 11th day of September, 2007, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R. J. Shadday on October 15.2007 at 10:30 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are finther ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.1 IC (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you If you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, Edgar B. Bayley, President Judge Copies mailed to: Petitioner Respondent Lisa M. Coyne, Esq. Date of Order: September 11. 2007 IJ4, jr1b J. S y, onference Officer YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 rp , r E DANIEL R. STEFANOWICH, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff /Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. BRENDA L. STEFANOWICH, Defendant/Petitioner CIVIL ACTION - DIVORCE NO. 07-1330 CIVIL TERM IN DIVORCE PACSES Case Number: 741109452 ORDER OF COURT - RESCHEDULE A CONFERENCE AND NOW, this 11th day of October 2007, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J. Shaddav on November 8. 2007 at 10:30 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. This date replaces the prior conference date of October 15, 2007. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11© (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you (6) IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, Edgar B. Bayley, President Judge Date of Order: October 11, 2007 Copies mailed to: Petitioner Respondent Lisa M. Coyne, Esq. Lee E. Oesterling, Esq. 4 .:9 t ft. J. S dday, onference Officer YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 -ri { €"['t yam. _._, „? ?1 .:. ??J . ? y DANIEL R. STEFANOWICH, JR,: Plaintiff/Respondent . VS. BRENDA L. STEFANOWICH, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 07-1330 CIVIL TERM IN DIVORCE PACSES Case No: 741109452 ORDER OF COURT AND NOW to wit, this 28th day of January 2008, it is hereby Ordered that the Petition for Alimony Pendente Lite of September 10, 2007 is dismissed, without prejudice, pursuant to the parties resolving the matter and the Respondent making direct payment to the Petitioner. This Order shall become final twenty (20) days after the mailing of the notice of the entry of the order to the parties unless either party files a written demand with the Domestic Relations Section for a hearing de novo before the Court. BY THE COURT: A K n A. Hess, J. DRO: R.J. Shadday xc: Petitioner Respondent Lisa A Coyne, Esq. Lee E. Oesterling, Esq. Form OE-001 Service Type: M Worker: 21005 f COYNE & COYNE, P.C. Lisa Marie Coyne, Esquire Pa. Supreme Ct. No. 53788 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Attorney for Defendant DANIEL R. STEFANOWICH, JR., Plaintiff VS. BRENDA L. STEFANOWICH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-1330 CIVIL TERM ACTION IN DIVORCE DEFENDANT'S PETITION FOR EQUITABLE DISTRIBUTION, ALIMONY PENDENTE LITE, INTERIM COUNSEL FEES, COSTS AND EXPENSES AND NOW comes the Defendant/Petitioner, Brenda L. Stefanowich, who, by and through her attorneys, Lisa Marie Coyne, Esquire, files this Petition for Equitable Distribution, Alimony Pendente Lite, Interim Counsel Fees, Costs and Expenses, in which she avers that: 1. Defendant/Petitioner, Brenda L. Stefanowich, is an adult individual residing at 4183 Grouse Court, Apartment 106, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Plaintiff/Respondent, Daniel R. Stefanowich, is an adult individual residing at 751 Manada Bottom Road, Harrisburg, Dauphin County, Pennsylvania 17112. 3. Plaintiff/Respondent filed a Divorce Complaint in this matter on or about March 9, 2007; however, service of the Complaint was not made upon the Defendant until more than thirty (30) days after the Complaint was filed and Plaintiff/Respondent did not reissue the complaint as required by the Pennsylvania Rules of Civil Procedure; but, instead, counsel for Plaintiff stuck the complaint in Defendant's screen door sometime during the evening hours of June 28, 2007. 4. On or about September 10, 2007, Defendant filed an Answer and Counterclaim to the Divorce Complaint. 5. Plaintiff/Respondent and Defendant/Petitioner have acquired property, both real and personal, during the marriage which constitutes marital property subject to equitable distribution under the Divorce Code. 6. Plaintiff/Respondent and Defendant/Petitioner each owned, prior to the marriage, personal property which has increased in value during the marriage, and/or which has been exchanged for other property which has increased in value during the marriage, all of which property is marital property, subject to equitable distribution under the Divorce Code. 7. Plaintiff/Respondent and Defendant/Petitioner have been unable to agree as to an equitable division of said property. 8. The parties are the parents of two minor children who reside with Defendant/Petitioner. 9. Defendant/Petitioner lacks sufficient property to provide for her reasonable means and is unable to support herself in the standard of living established during the marriage through appropriate employment. 10. Defendant/Petitioner has employed counsel, but is unable to pay the necessary and reasonable attorney's fees for said counsel. 11. Defendant/Petitioner is unable to sustain herself during the course of this litigation and will require alimony pendente lite, expenses, and costs in order to do so. 2 V 12. Defendant/Petitioner requires reasonable alimony to adequately maintain herself in accordance with the standard of living established during the marriage. 13. Plaintiff/Respondent has adequate earnings and income and resources to provide for the Defendant's/Petitioner's support and to pay her interim counsel fees, costs and expenses. WHEREFORE, Defendant/Petitioner, BRENDA L. STEFANOWICH, respectfully requests the Court to enter an award of Alimony Pendente Lite, interim counsel fees, costs and expenses, until final hearing and thereupon award such additional counsel fees, costs and expenses as deemed appropriate; and (3) enter an award of alimony in her favor. Respectfully submitted, COYNE & COYNE, P.C. Dated: By: is Marie Coyne, Es ire a Supreme Court N d. 53788 O1 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Attorney for Defendant/Petitioner 3 CERTIFICATE OF SERVICE I, Lisa Marie Coyne, Esquire, of Coyne & Coyne, P.C., hereby certify that true copy of the foregoing Petition for APL, etc. was served this date upon the below-referenced individuals at the below listed address by way of first class mail, postage pre-paid: Lee E. Oesterling, Esquire 42 E. Main Street Mechanicsburg, PA 17055 Dated: Lis Marie Coyne, Es f ire 3901 Market Street 9fimp Hill, PA 17011-4227 (717) 737-0464 Pa. S. Ct. No. 53788 Attorney for Defendant/Petitioner 4 C DANIEL R. STEFANOWICH, JR.,: THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE BRENDA L. STEFANOWICH, Defendant/Petitioner NO. 07-1330 CIVIL TERM IN DIVORCE PACSES NO: 741109452 ORDER OF COURT AND NOW, this 17th day of September, 2008, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R. J. Shadday on October 7. 2008 at 10:30 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11© (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you. If you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, Edgar B. Bayley, President Judge Copies mailed to: Petitioner Respondent Lisa M. Coyne, Esq. Lee E. Oesterling, Esq. f Date of Order: September 17, 2008 {< R. J. Sha y, Conference Officer / YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 0 cz: n.a C Q z; co gp++? DANIEL R. STEFANOWICH, Plaintiff/Respondent VS. BRENDA L. STEFANOWICH, Defendant/Petitioner THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 07-1330 CIVIL TERM IN DIVORCE PACSES CASE NO: 741109452 ORDER OF COURT - RESCHEDULE A CONFERENCE AND NOW, this 24th day of September 2008, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J. Shaddav on October 1. 2008 at 9:00 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. This date replaces the prior conference date of October 7, 2008 YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11© (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you (6) IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, Edgar B. Bayley, President Judge _ 4 Date of Order: September 24, 2008 J. S l- day, on erence Officer / Copies mailed to: Petitioner '`A Respondent Lisa M. Coyne, Esq. YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 ? ? ?? - ?, _- ? ?-- C..? - S i"a-t COYNE & COYNE, P.C. Lisa Marie Coyne, Esquire Pa. Supreme Ct. No. 53788 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 DANIEL R. STEFANOWICH, JR., Plaintiff VS. BRENDA L. STEFANOWICH, Defendant Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-1330 CIVIL TERM ACTION IN DIVORCE MOTION TO COMPEL DISCOVERY TO THE HONORABLE JUDGES OF SAID COURT: AND NOW COMES the Defendant, Brenda L. Stefanowich, by and through her attorney, Lisa Marie Coyne, Esquire, and moves this Honorable Court to grant his Motion to Compel Discovery and, in support thereof, respectfully represents the following: 1. On September 11, 2007, the Defendant's Counsel served Defendant's First Set of Interrogatories and Request for Production of Documents on Plaintiff's Counsel. 2. No objections or protective orders where sought by Plaintiff concerning the discovery propounded upon Plaintiff. 3. On October 23, 2007, Defendant's Counsel sent a letter to Plaintiff's Counsel that the response to the Discovery request was overdue and requested opposing counsel to immediately provide the requested discovery. (Exhibit A). 4. On November 29, 2007, Defendant's Counsel sent another letter to Plaintiff's Counsel requesting that he comply with the Discovery Request. Defendant's Counsel had attempted to resolve the issue via telephone on numerous occasions prior to this letter. (Exhibit B). 5. As of the date of this Motion, Plaintiff has not answered the discovery propounded upon the him and Defendant has not received any of the requested discovery materials as requested in Defendant's discovery requests. 6. Without the required discovery materials, Defendant cannot adequately prepare for trial. 7. Defendant is financially disadvantaged in comparison to Plaintiff who is a Colonel full-time in the Pennsylvania National Guard (AGR). 8. Defendant through counsel has attempted to resolve the discovery dispute short of filing this motion and the associated expenses caused to Defendant due to the Plaintiff's failure to comply with the discovery requests and the various extensions provided to Plaintiff. 9. The undersigned counsel has attempted to confer with opposing counsel via telephone and written correspondence; however, opposing counsel has been unresponsive and therefore, in accordance with the local rules of this court, it is believed that that opposing counsel opposes the relief sought in this motion. 10. No judge has previously been assigned to this case. WHEREFORE, for all of the foregoing reasons, the Defendant respectfully requests that this Honorable Court order the Plaintiff and Plaintiff's Counsel to (1) immediately provide the discovery materials requested in Defendant discovery and (2) to award Defendant reasonable attorney fees incurred by Defendant in pursuing Motion to Compel and which would not have been incurred if Plaintiff has complied with the reasonable discovery requests, and (3) all other relief deemed appropriate by this Honorable Court. Respectfully submitted: Dated: q Im! C8 COYNE & COYNE, P.C. By: ?-- L s arie Coyne, Esq re P . S. Ct. No. 53788 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Attorney for Defendant C OYNE & C OYNE A PROFESSIONAL CORPORATION ATTORNEYS AT LAW Henry F. Coyne 3901 Market Street 717-737-0464 Lisa Marie Coyne Camp Hill, Pennsylvania Fax: 717-737-5161 17011-4227 October 23, 2007 Lee E. Oesterling, Esquire 42 E. Main Street Mechanicsburg, PA 17055 Re: Stefanowich v. Stefanowich Dear Attorney Oesterling: When we spoke on October 8, 2007, I granted your request for continuance of the Support Conference. I understand that the conference is rescheduled to November 8, 2007. Additionally, on September 11, 2007, we served our initial discovery request upon you and your client. The discovery was due October 10, 2007 and it is now overdue. Please provide the requested responses to our discovery no later than November 1, 2007. If not received by then, we will have to take a more formal step to seek compliance with the discovery requests. If you have any questions, please contact me. LMC/amd Cc: Mrs. Brenda Stefanowich Very truly yours, COYNE & COYNE, P.C. P is arie Coyne -r " 'E'X x t- COYNE & COYNE A PROFESSIONAL CORPORATION ATTORNEYS AT LAW Henry F. Coyne 3901 Market Street Lisa Marie Coyne Camp Hill, Pennsylvania 717-737-0464 Fax: 717-737-5161 17011-4227 November 29, 2007 Lee E. Oesterling, Esquire 42 E. Main Street Mechanicsburg, PA 17055 Re: Stefanowich v. Stefanowich Dear Attorney Oesterling: I have attempted to reach you via telephone and left messages at your office requesting that you contact me. However, I have not received any communication from you or your office despite my messages requesting same. The purpose of this memo is to, again, advise you that the discovery is past due. It was due on October 10, 2007, however, I granted you an extension to November 1, 2007 to comply with the discovery replies. The initial deadline and the extension were ignored. Please be advised that if discovery is not provided to this office by close of business Thursday, December 13, 2007, I will file a Motion to Compel and seek award of attorney fees and other appropri ate relief. If you have any questions, please contact me. Very truly yours, COYNE & COYNE, P.C. Li arie Coyne LMC/amd Cc_._- ...Mrs.--Brenda _Stefanowich__.._ CERTIFICATE OF SERVICE I, Lisa Marie Coyne, Esquire, of Coyne & Coyne, P.C., hereby certify that true copy of the foregoing Motion to Compel was served this date upon the below-referenced individuals at the below listed address by way of first class mail, postage pre-paid: Lee E. Oesterling, Esquire 42 E. Main Street Mechanicsburg, PA 17055 Dated: 01 2 H d 40arket Coyne, Esquire Street Camp Hill, PA 17011-4227 (717) 737-0464 Pa. S. Ct. No. 53788 Attorney for Defendant ,5 ?y ? SFP 2 6 2008 A COYNE & COYNE, P.C. Lisa Marie Coyne, Esquire Pa. Supreme Ct. No. 53788 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Attorney for Defendant DANIEL R. STEFANOWICH, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 07-1330 CIVIL TERM BRENDA L. STEFANOWICH, Defendant : ACTION IN DIVORCE ORDER OF COURT AND NOW, this /.A-6 day of I 2008, upon Q,- d,., consideration of Defendant's Motion to Compel Discovery, is scheduled for the ?o day of 2008 at c2,* 3 U o'clock 16-1.m. in Courtroom No. of the Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, Cf. Lee E. Oesterline, Esq. For Plaintiff lo- o 1--o V Lisa Marie Coyne, Esq. For Defendant C*l C cj `? `= 21 © r?a_ i'^1 C= '?../ zV COYNE & COYNE, P.C. Lisa Marie Coyne, Esquire Pa. Supreme Ct. No. 53788 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Attorney for Defendant DANIEL R. STEFANOWICH, JR., Plaintiff VS. BRENDA L. STEFANOWICH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-1330 CIVIL TERM ACTION IN DIVORCE : PACSES Case No.: 741109452 PRAECIPE TO WITHDRAW DEFENDANT'S PETITION FOR APL and ATTORNEY FEES AND SCHEDULING A HEARING To the Prothonotary: Defendant withdraws, without prejudice, her Petition for APL and Attorney Fees and Request for a Conference for said Petition and her Petition for Child Support. Respectfully submitted, COYNE & COYNE, P.C. 2 OCT 09 Dated: °? BY: L' a arie Coyne, Esq ire Pa. Supreme Court No. 53788 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Attorney for Defendant k d m 0 C-3 <„ p y- 7 C.:--' DANIEL R. STEFANOWICH, JR.: IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V CIVIL ACTION - LAW BRENDA L. STEFANOWICH, NO. 07-1330 CIVIL TERM Defendant ACTION IN DIVORCE IN RE: MOTION TO COMPEL DISCOVERY ORDER OF COURT AND NOW, this 6th day of November, 2008, this matter having been called for argument, the defendant's motion to compel discovery is granted, and the plaintiff is given forty-five days within which to respond. Upon his failure to do so, sanctions will be imposed. By the Court, /Lee E. Oesterling, Esquire For the Plaintiff ? Lisa Marie Coyne, Esquire For the Defendant :bg n , 1.4 Of- S ?n? c LCL P f7/os tzyl .. C",-? _ ? "may '"" ? ` -Y+? ? ?. DANIEL R. STEFANOWICH, JR., Plaintiff V. BRENDA L. STEFANOWICH, Defendant No. 07-1330 CIVIL TERM ACTION IN DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE To the Prothonotary: Please ENTER the Appearance of Audrey L. Buglione, Esquire on behalf of Plaintiff, Daniel R. Stefanowich, Jr., in the above captioned matter and designate the address listed below as the place where papers, process and noticjps may be served. Date: BY: Audrey L. qugliorW, Esquire Attorney I.D. No. 206587 4075 Linglestown Road, #207 Harrisburg, PA 17112 Telephone: (717) 798-8529 Counsel for Plaintiff PRAECIPE FOR WITHDRAWAL OF APPEARANCE To the Prothonotary: Please WITHDRAWAL the appearance of Lee E. Oesterling, Esquire on behalf of Plaintiff, Daniel R. Stefanowich, Jr. Date: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CERTIFICATE OF SERVICE The undersigned hereby certifies that on the 22nd day of December 2008, a true and correct copy of the foregoing document was served by first-class mail, postage prepaid, upon the following: Lisa Marie Coyne, Esquire 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Attorney for Defendant Dated:-2 )0? Audrey L. Bu ione, Es ire 4075 Linglestown Road, #207 Harrisburg, PA 17112 (717) 798-8529 Attorney I.D. No. 206587 Attorney for Plaintiff C,", !.,.a ?w • ?? : ? - { . - _ ?a ? ?:r .?", Y? DANIEL R. STEFANOWICH, JR., Plaintiff V. BRENDA L. STEFANOWICH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07-1330 CIVIL TERM ACTION IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Daniel R. Stefanowich, Jr. Plaintiff, moves the court to appoint a master with respect to the following claims: X Divorce Annulment X Alimony Alimony Pendente Lite and in support of the motion states: X Distribution of Property Support X Counsel Fees X Costs and Expenses (1) Discovery is complete as to the claim(s) for which the appointment of a master is requested. (2) The defendant has appeared in the action by her attorney, Lisa Marie Coyne, Esquire. (3) The alleged Statutory ground(s) for divorce are: §3301(a)(2),(a)(3),(a)(6),(c),(d) (4) Delete the inapplicable paragraph(s): a) b) c) The action is contested with respect to the following claims: divorce, alimony, distribution of property, counsel fees, costs and expenses. (5) The action does not involve complex issue of law or fact. (6) The hearing is expected to take 4 hours. (7) Additional information, if any, relevant to the motion: The parties have been separated since approximately Ap M1 Date: 3/10/09 Attome for Plai iff, Da iel Stefanowich, Jr. Audrey L. Buglione, Esquire ORDER APPOINTING MASTER AND NOW, , 200_, , Esquire is appointed master with respect to the following claims: By the Court: J. Distribution: Audrey L. Buglione, Esq; 4075 Linglestown Rd. #207, Harrisburg, PA 17112 (for Plaintiff) Lisa Marie Coyne, Esq. X901 Market Stmt, Camp Hill, PA 17011-4227 (for Defendant) r r-. .-N C-% DANIEL R. STEFANOWICH, JR., Plaintiff V. BRENDA L. STEFANOWICH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA No. 07-1330 CIVIL TERM ACTION IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Daniel R. Stefanowich, Jr. Plaintiff, 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 Alimony Pendente Lite X Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claim(s) for which the appointment of a master is requested. (2) The defendant has appeared in the action by her attorney, Lisa Marie Coyne, Esquire. (3) The alleged Statutory ground(s) for divorce are: §3301(a)(2),(a)(3),(a)(6),(c),(d) (4) Delete the inapplicable paragraph(s): a) The aetien is net eentested-. b) c) The action is contested with respect to the following claims: divorce, alimony, distribution of property, counsel fees, costs and expenses. (5) The action does not involve complex issue of law or fact. (6) The hearing is expected to take 4 hours. (7) Additional information, if any, relevant to the motion: The parties have been separated since approximately Ap 20 1. Date: 3/10/09 IAI? Attome for Plai iff, Da iel Stefanowich, Jr. Audrey L. Bugiione, Esquire AND NOW, IWAAe iC- 00 2004 . ? -4-11 , Esquire is appoints d master with respect to the following claims: By ourt: J. Distribution: L. Buglione, Esq. 4075 Li Rd. #207, Harrisburg, PA 17112 Plaintiff Marie Croy 3901 Marl Carnp Hill, PA 17011-4227 (for Defendant) o'0 3?? I-T ±„ cr- Oct r {r ? ? T r .r y Ll- Q cv ,. ! , 2 m ?fpjS »?X DANIEL R. STEFANOWICH, JR., Plaintiff V. BRENDA L. STEFANOWICH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07-1330 CIVIL TERM ACTION IN DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE To the Prothonotary: Please ENTER the Appearance of 6"9,4-* t/- , Esquire on behalf of Plaintiff, Daniel R. Stefanowich, Jr., in the above captioned matter and designate the address listed below as the place where papers, process and notices may be served. Date: q11 q10 I BY. (? I.D. No. 53200 27 S. Arlene Street P.O. Box 6443 Harrisburg, PA 17112-0443 (717) 671-9600 BakerLawOffice@aol.com PRAECIPE FOR WITHDRAWAL OF APPEARANCE To the Prothonotary: Please WITHDRAWAL the appearance Audrey L. Buglione, Esquirg on behalf of Plaintiff, Daniel R. Stefanowich, Jr. /1 7 Date: N 7 109 rey 2009 APR 15 Pit 3* 00 # "i NT, y DANIEL R. STEFANOWICH, JR., Plaintiff V. BRENDA L. STEFANOWICH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-1330 CIVIL ACTION -LAW IN DIVORCE PLAINTIFF'S PRE-TRIAL STATEMENT AND NOW comes the Plaintiff, Daniel R. Stefanowich, Jr., by and through his attorney, Diane S. Baker, Esquire, and files this Pre-Trial Statement pursuant to Rule 1920.33 as follows: 1. Husband's Inventory and Appraisement was filed at the same time as this Pre-Trial Statement and sets forth all known marital and non-marital assets and liabilities. 2. Husband does not anticipate that expert testimony will be required. The only potential for expert testimony would be with regards to Husband's military retirement; however, as this is the only asset of any significance, it is presumed that the retirement will be subject to a QDRO. In the event that the retirement does require valuation, then Husband will utilize the services of Harry Leister or Jonathan Cramer of Conrad Siegel. 3. Witnesses: a. Husband will testify on his own behalf as to all issues before the Court; b. Wife, as on cross. 4. Husband anticipates the following exhibits: a. Trade-in documentation for Wife's 1998 van. b. Miscellaneous documents and summary plan information regarding Husband's retirement. Husband reserves the right to amend his exhibit list. 5. Husband's Income and Expense Statement was filed contemporaneously with this Pre-Trial Statement and sets forth his income from all sources. 6. Husband's Income and Expense Statement was filed contemporaneously with this Pre-Trial Statement and sets forth his expenses. 7. Husband was employed during the marriage by the Army National Guard and as such is the title owner of a FERS Retirement Account, the value of which has not been determined. 8. Husband has made no claim for counsel fees. 9. There is no anticipated dispute concerning personal property. 10. Husband assumed responsibility for all miscellaneous debts as of the date of separation, the specifics for which have not yet been determined. 11. The parties to this action were married on August 19, 1985, and separated on or about April 15, 2001. There were two children born of marriage, Aaron M. Stefanowich, age 18; and Nicholas J. Stefanowich, age 14. Nicholas is in the primary care of Mother, with Father having periods of regular visitation. Father has been employed throughout the marriage by the Army National Guard. He served in a full-time capacity until April of 2008, when he then transferred to civilian status for the Department of Defense and assumed part-time status with the Army National Guard. Husband anticipates that he will be subject to mandatory retirement sometime between February of 2010 and May of 2012, with the understanding that May, 2012, is his latest possible mandatory retirement date. He has no firm plans for any employment or any employment options once he retires from the military. Wife's employment information is minimal. During the marriage she served as the primary caretaker for the family. For the last nine years since separation she has taken college classes and pursued various part-time employments, but has apparently made no effort to obtain permanent employment or improve her job skills through appropriate training. By agreement of the parties, Husband pays $3,350.00 for child and spousal support. In addition, Husband provides support for a younger child born outside of the marriage to Husband's paramour (Nancy Wallish), with whom he currently resides. Most of the marital assets have already been divided in a matter agreed upon by the parties. The only remaining issues include distribution of Husband's retirement and alimony. Husband proposes that he pay alimony in the amount of $1,500.00 per month until such time as he retires. Husband further proposes that the marital share of his military retirement be equally divided between the parties. Respectfully submi By 3rrane-S. Baker, Esquire I.D. No. 53200 27 South Arlene Street P.O. Box 6443 Harrisburg, PA 17112-0443 (717) 671-9600 BakerLawOffice@aol.com DATE: '7/-7,-?,/0 1 CERTIFICATE OF SERVICE I hereby certify that on this 22nd day of July, 2009, a true and correct copy of the aforementioned document was served on the following person by United States Mail, postage prepaid, addressed as follows: Lisa Marie Coyne, Esquire COYNE & COYNE, P.C. 3901 Market Street Camp Hill, PA 17011-4227 and E. Robert Elicker, Esquire Cumberland County Divorce Master 9 N. Hanover Street Carlisle, PA 17013 Resp 11y e , D' S. aker, Esquire Supreme Court ID 53200 27 South Arlene Street Post Office Box 6443 Harrisburg, PA 17112-0443 (717) 671-9600 OF THE ;0,T'-!Cf:0T/T.Y 2009 JUL 23 AM I l : 44 ;E:? lS '°""it ` Diane S. Baker, Esquire Supreme Court ID #53200 27 South Arlene Street Post Office Box 6443 Harrisburg, PA 17112-0443 (717) 671-9600 DANIEL R. STEFANOWICH, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, : PENNSYLVANIA V. : N 0 7 /3 BRENDA L. STEFANOWICH, CIVIL ACTION - LAW Defendant, INVENTORY OF PLAINTIFF DANIEL R. STEFANOWICH Plaintiff files the following inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. Plaintiff verifies that the statements made in this inventory are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsificario-n ASSETS OF PARTIES Plaintiff on the list below those items applicable to the case at bar and itemizes the assets on the following pages: (X) 1. Real property (X) 2. Motor vehicles ( ) 3. Stocks, bonds, securities and options ( ) 4. Certificates of deposit (X) 5. Checking accounts, cash ( ) 6. Savings accounts, money market and savings certificates ( ) 7. Contents of safe deposit boxes ( ) 8. Trusts (X) 9. Life insurance policies ( ) 10. Annuities ( ) 11. Gifts ( ) 12. Inheritances ( ) 13. Patents, copyrights, inventions, royalties ( ) 14. Personal property outside the home ( ) 15. Business ( ) 16. Employment termination benefits-severance pay, worker's compensation claim/award ( ) 17. Profit sharing plans ( ) 18. Pension plans (X) 19. Retirement plans, Individual Retirement Accounts ( ) 20. Disability payments ( ) 21. Litigation claims ( ) 22. MilitaryN.A. benefits ( ) 23. Education benefits ( ) 24. Debts due, including loans, mortgages held ( ) 25. Household furnishings and personalty ( ) 26. Other MARITAL PROPERTY Plaintiff lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced: Item Description of PropertyNalue if known Names of All Owners Number 5. PSECU checking/savings Husband and Wife Wife received the proceeds from this account at the time of separation. All information is in Wife's possession 9. American Fidelity Life insurance policy Husband and Aaron Stefanowich Marital value: to be determined 19. FERS Retirement account Title owner: Husband Marital value: to be determined NON-MARITAL PROPERTY 1. Post-separation retirement contributions Husband Value: TBD 2. Post Separation bank accounts Husband Approximate value: less than $1,000 3. Post Separation investment account- Ameritrade- Husband Approximate value: less than $50.00 4. Post-separation residence Owners: 751 Manada Bottom Road, Harrisburg Husband/Nancy Wallish Value: unknown Liens: CitiMortgage- $160,000 HSBC Mtg Svc. - $ 70,000 5. 1995 Ford truck Purchased August, 2002 6. Century Tractor Purchased: April, 2007 Lien: Agricredit- $ 16,000 PROPERTY TRANSFERRED 1. The marital residence was sold in approximately 2001. The proceeds from the sale, were retained by Wife after payment of various marital debts. All documentation pertaining to the sale is in Wife's possession. 2a. 1998 Van- retained by Wife and then traded in on a subsequent vehicle, trade in value to be determined. 2b. 1992 Ford Pick-up truck. Sold by Husband, post separation, for approximately $1500 LIABILITIES Husband assumed responsibility for all marital debts at the time of separation, the specifics of which have not yet been determined. CERTIFICATE OF SERVICE I hereby certify that on this 22nd day of July, 2009, a true and correct copy of the foregoing document was served on the following persons by United States Mail, postage prepaid, addressed as follows: Lisa Marie Coyne, Esquire 3901 Market Street Camp Hill, PA 17011-4227 Respectfully submitted, iane . Baker Supreme Court ID #53200 27 South Arlene Street P.O. Box 6443 Harrisburg, PA 17112-0443 (717) 671-9600 OF THEE PF"" ", STAR, • 2099 J'IUL 23 Ail H : 44' Cu?? _F C. - u?ti lY Diane S. Baker, Esquire Supreme Court ID #53200 27 South Arlene Street Post Office Box 6443 Harrisburg, PA 17112-0443 (717) 671-9600 DANIEL R. STEFANOWICH, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, : PENNSYLVANIA V. Q'.-/ 3315 . NO. BRENDA L. STEFANOWICH, CIVIL ACTION -LAW Defendant, INCOME AND EXPENSE STATEMENT OF PLAINTIFF DANIEL R. STEFANOWICH Plaintiff files the following Income and Expense Statement and verifies that the statements made herein are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. INCOME: Employer: U.S. Army/PA Army National Guard Address: Dept of Military and Veterans Affairs Ft. Indiantown Gap Annville, PA 17003-5002 Type of Work: Brigade Commander Payroll Number: 206-48-6919 Pay Period (Weekly, Biweekly, etc.): Semi-monthly Gross Pay per Pay Period: $5,966. Year-to-date pay stub and tax return attached. Itemized Payroll Deduction per pay period: Federal Withholding $ 378 Social Security 372 State Income Tax 164 Life Insurance 41 Other (specify) Debt (Dental) 60 Net pay per period 4,951 Net pay per month 9,902 MONTHLY EXPENSES: Home Mortgages (with escrows) 2500 Maintenance 160 Insurance 130 Utilities Telephone 120 Trash 18 Taxes Personal 25 Automobile Insurance 235 Fuel 200 Repairs, inspections, fees 100 Payment (tractor) 400 Medical Doctor /Medicine 75 Glasses 35 Personal Clothing 300 Food 500 Miscellaneous household and Personal supplies 100 Pet Care 25 Barber 20 Entertainment 350 Gifts 200 Legal fees 500 Vacation 200 Child/spousal support 3,350 Charitable contributions 10 TOTAL MONTHLY EXPENSES 9,553 CERTIFICATE OF SERVICE I hereby certify that on this 22nd day of July, 2009, a true and correct copy of the foregoing document was served on the following persons by United States Mail, postage prepaid, addressed as follows: Lisa Marie Coyne, Esquire 3901 Market Street Camp Hill, PA 17011-4227 Respectfully submitted, (2 , X?- Diane S. Baker Supreme Court ID #53200 27 South Arlene Street P.O. Box 6443 Harrisburg, PA 17112-0443 (717) 671-9600 . DEFENSE FINANCE AND ACCOUNTING SERVICE MILITARY LEAVE AND EARNINGS STATEMENT • NAME (Last, First,MI) SOC. SEC. NO. GRADE PAY DATE YRS SVC ETS BRANCH ADSN/DSSN PERIOD COVERED 7 ID STEFANOWICH DANIEL R -6919 006 800425 29 0 ARNG 5570 CHK DT 090701 ENTITLEMENTS DEDUCTIONS ALLOTMENTS SUMMARY Type Amount Type Amount Type Amount +Amt Fwd A BASIC PAY 4858.35 FED INC TAX 377.81 +Tot Ent 5965.87 B SUBSISTENCE ALWS 111.52 FICA TAX 371.66 C BAH 996.00 STATE INC TAX 149.10 -Tot Ded 913.57 D E ADDTL SITW 15.00 -Tot Allt F =Net Amt 5052.30 G H -Cr Fwd I =EOM Pay J K L M N O TOTAL 5965.87 913.57 BF Bal Ernd Used Cr Bal ETS Bal Lv Lost Lv Paid Use/Lose FED Wage Period Wage YTD M/S Ex Add9 Tax Tax YTD LEAVE 19.5 2.5 0 22.0 .0 .0 43.0 TAXES 4858.35 58624.09 M 06 .00 4746.50 FICA Wage Period Soc Wage YTD Soc Tax YTD Med Wage YTD Mad Tax YTD STATE St Wage Period 1 Wage YTD M/S Ex Tax YTD TAXES 4858.35 58624.09 3634.69 58624.09 850.05 1 TAXES PA 4858.35 58624.09 S 00 1900.06 PAY BAQ Type BAQ Depn VHA Zip Rent Amt Share Stat JFTR Depns 2D JFTR BAS Type Charity YT TPC PACIDN DATA W DEP SPOUSE 17112 A THRIFT Base Pay Rate Base Pay Current Spec Pay Rate Spec Pay Current Inc Pay Current Inc Pay Current Bonus Pay Rate Bonus Pay Current SAVINGS 0 .00 0 .00 0 .00 0 .00 PLAN (TSP) TSP YTD Deductions Deferred Exempt .00 .00 .00 REMARKS: YTD ENTITLE 73367.86 YTD DEDUCT 12390.59 YOUR CHECK WAS SENT TO: PENNSYLVANIA STATE EMPLOYEE 231381116 HARRISBURG PA 17110-29 AMOUNT: $5,052.30 ACCOUNT NUMBER: 206486919 ACCOUNT TYPE: CHECKING COMPANY CODE: C04285 DIRECT DEPOSIT DATE: 07/01/09 AS OF 17 APR 08, 000 HIGH TEMPO DEPLOYMENT DAYS ACCRUED SINCE 1 OCT 00 (OR SINCE ENTERING MILITARY SERVICE) TOTAL PERFORMANCE FY 09: UTA 00 AFTP 00 ET 00 ATA 00 JPT 00 AAUTA 00 AANT 00 RMA 00 SUP (DT TNG 00 MCOFT 00 RMAM 00 AT/ADT 271 FHDA 000 ACTIVE DUTY (AD) FOR TRAINING: 16 JUN 09 TO 30 JUN 09 YOUR CURRENT STATE CLAIMED IS: PENNSYLVANIA SERVICEMEMBER GROUP LIFE INSURANCE COVERAGE: $400,000 YOUR SGLI DEDUCTION INCLUDES TRAUMATIC INJURY PROTECTION (TSGLI) SPOUSE SGLI COVERAGE: $100,000 -30 SEP 091S THE LAST DAY TO USE LEAVE IN EXCESS OF 75 DAYS TO AVOID LOST LEAVE, UNLESS SPECIAL LEAVE ACCRUAL APPLIES. -IN NEED OF CRISIS INTERVENTION AND SUPPORT? DO YOU OR SOMEONE YOU KNOW NEED HELP? CALL MILITARY ONESOURCE AT 1-800-342-9647 OR OUTREACH CENTER AT 1-800-966-1020. WWLQ.DFAS.MIL DFAS Form 702, Jan 02 Departlent of the Treasury - Internal Revenue Service A/ R Form 1040 U.S. Individual Income Tax Return 2008 (99) IRS Use Only- Do not write or staple in this For the vear Jan 1 - Dec 31. 2008, or other tax vear beoinnina . 2008, endino .20 1 OMB No. 1545-00 Label (See instructions.) Use the IRS label. Otherwise, please print or type. Presidential Election Campaign Your first name MI Last name Your social security number Daniel R Stefanowich, Jr. 206-48-6919 If a joint return, spouse's first name ml Last name Spouse's social security number Brenda L Stefanowich 130-56-3936 Home address (number and street). If you have a P.O. box, see instructions. Apartment no. You must enter your 751 Manada Bottom Road social security number(s) above. City, town or post office. If you have a foreign address, see instructions. Stale ZIP code Checking a box below will not Harrisburg PA 17112-0000 change your tax or refund. Check here if you, or your spouse if filing jointly, want $3 to go to this fund? (see instructions). . . . . . . . . . ? X? You spouse Filing Status Married filing jointly (even if only one had income) instructions.) If the qualifying person is a child ' but not your dependent, enter this child s Married filing separately. Enter spouse's SSN above & full name here ? name here. ? 5 F] Qualifying widow(er) with dependent child (see instructions) Yourself. If someone can claim ou as a de endent, do not check box 6a. . . . . . . aoxes checked y P ? on 6a and 6b . 2 . . . . . . . . . . . . . . . . . . . $ ouse . i : . . . . . . . . . . . . . . . . . . . No. of children on 6c who: 1 I I Single 4 U Head of household (with qualifying person). (See 2 3 Check only one box. Exemptions If more than four dependents, see instructions. 6a X b X (2) Dependent (3) Dependents g4' c Dependents: social security relationship li • lived number to you child for r child with you 1 First name Last name tax credit • did (see instrs) live with Mitchell I Wallish 186-80-5692 Son duto r :,pa X o Nicholas J Stefanowich 166-76-1540 Son X (see ins Depend on6cn entered Add nu 1 not you divorce ration trs) . 1 ants of above. tubers on Tines .............................. . d Total number of exemptions claimed . above . . . 0* 4 7 Wages, salaries, tips, etc. Attach Form(s) W-2 . . . . . . . . . . . . . . . . . . . . . . . 7 151,665. Income 8 a Taxable interest. Attach Schedule B if required . . . . . . . 8 a 38. b Tax-exempt interest. Do not include on line 8a . . . . . . . . L 8 bi Attach Form(s) 9 a Ordinary dividends. Attach Schedule B if required . . . . . . . . . . . . . . . . . . . . . 9a W-2 here. Also b Qualified dividends (see instrs) . . . . . . . . . . . . . . . . . . . ( 9 b i attach Forms W-2G and 1099•R 10 Taxable refunds, credits, or offsets of state and local income taxes (see instructions) . . . . . . . . . . . . . 10 if tax was withheld. 11 Alimony received . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 12 Business income or (loss). Attach Schedule C or C-EZ . . . . . . . . . . . . . . . . . 12 get a you W-did2 not 13 Capital gain or (loss). Att Sch D if re9d• If not re9d, ck here . . . . . . . . . . . . . . . ? 11 g 13 , see instructions. 14 Other gains or (losses). Attach Form 4797 . . . . . . . . . . . . . . . . . . . . . . . . 14 15a IRA distributions . . . . . . 15a b Taxable amount (see instrs) 15b 16a Pensions and annuities . . 16a _ b Taxable amount (see instrs) 16b 17 Rental real estate, royalties, partnerships, S corporations, trusts, etc. Attach Schedule E . . . . 17 Enclose, but do 18 Farm income or (loss). Attach Schedule F . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 not attach, any 19 Unemployment compensation . . . . . . . . . . . . . . . . . . . . . . . . . 19 660. payment. Also, please use 20a Social security benefits.. . . J 20 al I b Taxable amount (see instrs) 20b Form 10404. 21 Other income ------------------------------------- 21 22 Add the amounts in the far ri ht column for lines 7 throw h 21. This is our total income . ? 22 152 , 3 6 3 . 23 Educator expenses (see instructions) . . . . . . . . . . . . . 23 Adjusted 24 Certain business expenses of reservists, performing artists, and fee-basis Gross government officials. Attach Form 2106 or 2106-EZ . . . . . . . . . . . 24 1,207. Income 25 Health savings account deduction. Attach Form 8889 . . . . . 25 26 Moving expenses. Attach Form 3903 . . . . . . . . . . . . . . 26 27 One-half of self-employment tax. Attach Schedule SE . . . . . 27 28 Self-employed SEP, SIMPLE, and qualified plans . . . . . . 28 29 Self-employed health insurance deduction (see instructions) . . . . . . . 29 30 Penalty on early withdrawal of savings . . . . . . . . . . . . 30 31 a Alimony paid b Recipient's SSN . . . ? . 31 a 32 IRA deduction (see instructions) . . . . . . . . . . . . . . . 32 33 Student loan interest deduction (see instructions) . . . . . . . 33 34 Tuition and fees deduction. Attach Form 8917 . . . . . . . . . 34 35 Domestic production activities deduction. Attach Form 8903. . . . . . . . 35 _ 36 Add lines 23. 31a and 32 - 35 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 1,207. 37 Subtract line 36 from line 22. This is your adjusted gross incom e . . ? 37 151,156. BAA For Disclosure, Privacy Act, and Paperwork Reduction Act Notice, see Instructions. FDIA0112 10/13/08 Form 1040 (2008) Cnrm 1nAn/9nnat rn.ni of P gfcfannrei n}n ,Tr F_ Prcanr9a T. qt-o-fArnwir-h 2n,--R-r,919 Pane2 d 38 Amount from line 37 (adjusted gross income) . . . . . . . . . . . . . . . . . . T 38 151,156. ax an Credits 39a Check _r e You were born before January 2, 1944, e Blind. Total boxes if: _ L Spouse was bom before January 2, 1944, Blind. checked ? 39a b If your spouse itemizes on a separate return, or you were a dual-status alien, see instrs and ck here ? 39b Standard Deduction c Check if standard deduction includes real estate taxes or disaster loss (see instructions) . . . . . ? 39c for - 40 Itemized deductions (from Schedule A) or your standard deduction (see left margin) . . . . . . . . . . . . 40 30,333. 0 People who 41 Subtract line 40 from line 38 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 120,823. checked any box on line 39a, 39b, 42 If line 38 is over $119,975, or you provided housing to a Midwestern displaced individual, see instructions. or 39c or who Otherwise, multiply $3,500 by the total number of exemptions claimed on line 6d . . . . . . . . . . . . . . . 42 14,000. can be claimed 43 Taxable income. Subtract line 42 from line 41. 3 as a dependent, If line 42 is more than line 41, enter -0. . . . . . . . . . . . . . . . . . . . . . • . . . . . . 43 . 106,82 see instructions. 44 Tax (see instrs). Check if any tax is from: a Form(s) 8814 • All others: b 8 Form 4972 . . . . . . . . . . . . . . . . 44 9,393. 45 Alternative minimum tax (see instructions). Attach Form 6251 . . . . . . . . . . . . . . . . 45 Married Single li f t l 46 Add lines 44 and 45 ' . . . . . . . . . . ? 46 19 3 93 . i ng separa e y, $5,450 47 Foreign tax credit. Attach Form 1116 if required . . . . . . . . 47 ied filin M 48 Credit for child and dependent care expenses. Attach Form 2441 . . . . . 48 g arr jointly or 49 Credit for the elderly or the disabled. Attach Schedule R . . . . 49 i Qualifying 50 Education credits. Attach Form 8863 . . . . . . . . . . • . • . 50 widow(er) , $10 900 51 Retirement savings contributions credit. Attach Form 8880 . . . 51 , 52 Child tax credit (see instructions). Attach Form 8901 if required . . . . . . 52 Head of household 53 Credits from Form: a E] 8396 b [] 8839 c [] 5695 53 , $8,000 54 Other crs from Farm: a [] 3800 b [] 8801 c [] 54 55 Add lines 47 through 54. These are your total credits . . . . . . . . . . . . . . . . . . . . . 55 56 Subtract line 55 from line 46. If line 55 is more than line 46, enter -0- . . ? 56 19,393. 57 Self-employment tax. Attach Schedule SE . . . . . . . . . . . . . . . . . . . . . . . . 57 Other 58 Unreported social security and Medicare tax from Form: a 11 4137 b ? 8919 . . . . . . . . . . . . . 58 Taxes 59 Additional tax on IRAs, other qualified retirement tans, etc. Attach Form 5329 if required . . . . . . . . . . . 59 60 Additional taxes: a ? AEIC payments b Household employment taxes. Attach Schedule H . . . . . . 60 ............................ . 61 Add lines 56-60. This is our total tax 0- 61 19,393. Payments 62 Federal income tax withheld from Forms W-2 and 1099 . . . . 62 18,565. If you have a 63 2008 estimated tax payments and amount applied from 2007 return . . . . 63 qualifying 64a Earned income credit (EIC). . . . . . . . . . . . . 64a child, attach b Nontaxable combat pay election . . . ? 64 b Schedule EIC. 65 Excess social security and tier 1 RRTA tax withheld (see instructions) 65 2,489. 66 Additional child tax credit. Attach Form 8812 . . .. . . . . . . 66 67 Amount paid with request for extension to file (see instructions) . . . . 67 68 Credits from Form: a E12439 b [] 4136 c [] 8801 d [] 8885 68 69 First-time homebuyer credit. Attach Form 5405. . . . . . . . 69 70 Recovery rebate credit (see worksheet) . . . . . . . . . . . . 70 1,420. 71 Add lines 62 through 70. These are our total payments . . ? 71 22,474. Refund 72 If line 71 is more than line 61, subtract line 61 from line 71. This is the amount you overpaid . . . . . . . . 72 3,081. Direct deposit? 73a Amount of line 72 you want refunded to you. If Form 8888 is attached, check here . . ? [] 73a 3, 081. See instructions ? b Routing number . . . . . 2 31381116 ? c Type: X Checking El Savings _ and fill in 73b, 73c, and 73d or P- d Account number . . . . 0450468178 Form 8888. 74 Amount of line 72 you want applied to our 2009 estimated tax . ? 74 Amount 75 Amount you owe. Subtract line 71 from line 61. For details on how to pay, see instructions . . . . . . . . 0- 75 You Owe 76 Estimated tax Denaltv (see instructions) . . . . . . . . . . . . 1 76 1 Third Party Do you want to allow another person to discuss this return with the IRS (see instructions)? . . . . Yes. Complete the following. 0 No Designee's Phone Personal identification ? Designee name ? no. ? number (PIN) Under penalties of perjury, I declare that I have examined this return and accompanying schedules and statements, and to the best of my knowledge and Sign belief, they are true, correct, and complete. Declaration of preparer (other than taxpayer) is based on all information of which preparer has any knowledge. Here Your signature Data Your occupation Daytime phone number Joint return? See instructions. / Commander Keep a copy Spouse's signature. If a joint return, both must sign. Date Spouse's occupation for your records. UnemiDloved Date Preparer's SSN or PTIN Preparei s Paid signature 1 Check if self-employed Preparer's Firm's name Self-Prepared Only (or ours if Use Onl sett employed), 1 EIN address, and ZIP code Phone no. Form 1040 (2008) FDIA0112 10/13/08 SCHEDULE A OMB No. 1545-0074 Itemized Deductions (Form 1040) 2008 Department of the Treasury intern al Revenue Service (99) ' Attach to Form 1040. ? See Instructions for Schedule A (Form 1040). Attachment v Sequence N0. 07 Name(s) shown on Form 1040 1 Your social security number Daniel R S tefanowich, Jr. & Brenda L Stefanowich 206-48-6919 Medical Caution. Do not include expenses reimbursed or paid by others. and 1 Medical and dental expenses (see instructions) . . . . . . . . . . 1 Dental Expenses 2 Enter amount from Form 1040, line 38 • 2 3 Multiply line 2 by 7.5% (.075). . • . • • • • • • • • • • • . • • • • 3 4 ................. Subtract line 3 from line 1. If line 3 is more than line 1, enter -0- 4 Taxes You 5 State and local (check oni one box): Paid at Income taxes, or X b ? General sales taxes . . • • • • • • • • • • • • • • 5 5,706. 6 _ Real estate taxes (see instructions) . . . . . . . . . . . . . . . . 6 4,448. 7 Personal property taxes • . • . • • • • • • • • • • • • • • • • • • 7 (See instructions.) 8 Other taxes. List type and amount ? ------------- 8 9 _____ ____ _ Add lines 5 throu h 8 _____ _____ 9 10,154. Interest 10 Home mtg interest and points reported to you on Form 1098 . . . . . . . 10 17,007. You Paid 11 Home mortgage interest not reported to you on Form 1098. If paid to the person from whom you bought the home, see instructions and show that person's name, identifying number, and address ? ------------------------------- - --------------- --------------- ------------------------------- 11 12 --------------- --------------- Points not reported to you on Form 1098. See instrs for spcl rules 12 Note. Personal 13 Qualified mortgage insurance premiums (see instructions) . . . . . 13 interest is not 14 Investment interest. Attach Form 4952 if required. deductible. (See instrs.) . . . . . . . . . • . • • • • • • • • • • • • • • • • 14 15 Add lines 10 through 14 . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . 15 17,007. Gifts to 16 Gifts by cash or check. If you made any gift of $250 or Charity more, see instrs . . . . . • . . • . • • • • • • • • • • • • • • 16 824. If you made 17 Other than by cash or check. If any gift of $250 or a gift and got a benefit more, see instructions. You must attach Form 8283 if for it see over $500 . . . . . . . . . . . • . • • • • • • • • • • • • • • 17 614. , instructions. 18 Carryover from prior year . . . . . . . . . . . . . . . . . . . 18 19 Add lines 16 through 18 . 19, 1,438. Casualty and Theft Losses 20 ................ . Casualty or theft loss(es). Attach Form 4684. See instructions. 20 21 Unreimbursed employee expenses - job travel, union dues, job education, etc. Attach Form 2106 or 2106 EZ if - required. (See instructions.) ? - - - - - - - See Statement ----------------1,228_ 21 1,228. 1 22 Tax preparation fees . . . . . . . . . . . . . . . . . . . . . . . . 22 129. (See 23 Other expenses - investment, safe deposit box, etc. List instructions.) type and amount ? ___________________ _ _________ 3,400 S eeStatement _ - 23 3,400. 1 24 ____ _ _ _ Add lines 21 through 23 . . _ _ . 24 4,757. 25 Enter amount from Form 1040, line 38 . . 25 I L_ 151, 15 6 . 26 . . Multiply line 25 by 2% (.02) . . . . . . . . . . . . . . . . . 26 3,023. 27 Subtract line 26 from line 24. If line 26 is more than line 24, enter -0- . . 27 1,734. Other 28 Other - from list in the instructions. List type and amount ? -- -------- ------ Miscellaneous Deductions ------------------------------- -------- ----- 28 Total 29 Is Form 1040, line 38, over $159,950 (over $79,975 if Itemized married filing separately)? Deductions M No. Your deduction is not limited. Add the amounts in the far right column for lines 4 through 28. Also, enter this amount on Form 1040, line 40. ? 29 30,333. MV- Vni it rlori-finn mw he limifcrl Coo inctri icfinnQ fnr tho mm ni inf to ontor 30 If you elect to itemize deductions even though they are less than your standard deduction, check here ' ? BAA For Paperwork Reduction Act Notice, see Form 1040 instructions. FDIA0301 11/10/08 Schedule A (Form 1040) 2008 Form 2106-EZ Department of the Treasury Intern al Revenue Service I Your name Unreimbursed Employee Business Expenses ? Attach to Form 1040 or Form 1040NR. Occupation in which you incurred expenses OMB No. 1545-0074 2008 Attachment Sequence No. 1 29A Social security number Daniel R Stefanowich, Jr. Aviation -Brigade Commander 1206 48 6919 You May Use This Form Only If All of the Following Apply. • You are an employee deducting ordinary and necessary expenses attributable to yourjob. An ordinary expense is one that is common and accepted in your field of trade, business, or profession. A necessary expense is one that is helpful and appropriate for your business. An expense does not have to be required to be considered necessary. • You do not get reimbursed by your employer for any expenses (amounts your employer included in box 1 of your Form W-2 are not considered reimbursements for this purpose). • If you are claiming vehicle expense, you are using the standard mileage rate for 2008. Caution: You can use the standard mileage rate for 2008 only if, (a) you owned the vehicle and used the standard mileage rate for the first year you placed the vehicle in service, or (b) you leased the vehicle and used the standard mileage rate for the portion of the lease period after 1997. Part I Figure Your Expenses 1 Vehicle expense using the standard mileage rate. Complete Part II and then go to line la below.. . . . . . . . . . a Multiply business miles driven before July 1, 2008, by 50.5 ¢ (.505). . . . . . . . . I la b Multiply business miles driven after June 30, 2008, by 58.5 x (.585). . . . . . . . . c Add lines 1a and 1b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Parking fees, tolls, and transportation, including train, bus, etc, that did not involve overnight travel or commuting to and from work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Travel expense while away from home overnight, including lodging, airplane, car rental, etc. Do not include meals and entertainment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Business expenses not included on lines 1c through 3. Do not include meals and entertainment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1,207 1,228. 5 Meals and entertainment expenses: $ x 5 0 % ( . 5 0 ) (Employees subject to Department of Transportation (DOT) hours of service limits: Multiply meal expenses incurred while away from home on business by 80% (.80) instead of 50%. For details, see instructions.) . . . . . . . . . . . . . . . . . 5 6 Total expenses. Add lines 1c through 5. Enter here and on Schedule A (Form 1040), line 21 (or on Schedule A (Form 1040NR, line 9)). (Armed Forces reservists, fee-basis state or local government officials, qualified performing artists, and individuals with disabilities: See the instructions for special rules on where to enter this amount. 6 2,435. Part ll Information on Your Vehicle. Complete this part only if you are claiming vehicle expense on line 1. 7 When did you place your vehicle in service for business use? (month, day, year) . . . . . . . . . . . . . . . . . . . . . . . . ? 8 Of the total number of miles you drove your vehicle during 2008, enter the number of miles you used your vehicle for: a Business _ _ _ _ _ _ _ _ _ _ _ _ _ _ bCommuting (see instr _______________ cOther 9 Was your vehicle available for personal use during off-duty hours? . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Yes 1-1 No 10 Do you (or your spouse) have another vehicle available for personal use? . . . . . . . . . . . . . . . . . . . . . . [_1 Yes F? No 11 a Do you have evidence to support your deduction? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ? Yes ? No b If 'Yes,' is the evidence written? F Yes F] No BAA For Paperwork Reduction Act Notice, see separate Instructions. Form 2106-EZ (2008) FDIA7501 11/08/08 Form 8283 Noncash Charitable Contributions (Rev December 2006) ? Attach to your tax return if you claimed a total deduction Department of the Treasury of over $500 for all contributed property. Internal Revenue Service ? See separate instructions. OMB No. 1545-0908 155 Name(s) shown on your income tax return Identifying number Daniel R Stefanowich, Jr. & Brenda L Stefanowich 1206-48-6919 Note: Figure the amount of your contribution deduction before completing this form. See your tax return instructions. Section A. Donated Property of $5,000 or Less and Certain Publicly Traded Securities - List in this section only items (or groups of similar items) for which you claimed a deduction of $5,000 or less. Also, list certain publicly traded securities even if the deduction is more than $5,000 (see instructions). Part I Infnrmatinn nn rinnatad Prnnartv - if vnu need mnre snare. attach a statement. 1 of the (a) Name address d (b) Description of donated property donee organization (For a donated vehicle, enter the year, make, model, condition, and mileage, and attach Form 1098-C if required.) Good Will Clothing, Footwear, Accessories & A 5420 Jonestown Road Household items Harrisburg PA 17112 Good Will Clothing, Footwear, Accessories & B 5420 Jonestown Road Household items Harrisburg PA 17112 C D E - 1 1 IJn*e• If +6. --f .,- rI.i-.A .¢ n A.A.-tine fnr nn item is (P.Snn nr lace vnu rin not haves in rmmniate nnhimns (d). (e). and (f). (C) Date of the contribution (d) Date acquired by donor (mo., yr) (e) How acquired by donor (f) Donor's cost or adjusted basis (9) Fair market value (see instructions) (h) Method used to determine the fair market value A 05/15/2008 325. Comparative sales B 09/03/2008 289. Comparative sales C D E Part a j Partial interests and Restricted use Property - Complete lines 2a through 2e if you gave less than an entire interest in a property listed in Part I. Complete lines 3a through 3c if conditions were placed on a contribution listed in Part I; also attach the required statement (see instructions). 2 a Enter the letter from Part I that identifies the property for which you gave less than an entire interest . . . . . . . . . . . . . . . ? If Part II applies to more than one property, attach a separate statement. b Total amount claimed as a deduction for the property listed in Part I: (1) For this tax year . . . . . . . . . . ? (2) For any prior tax years . . . . . . . ? c Name and address of each organization to which any such contribution was made in a prior year (complete only if different from the donee organization above): Name of charitable organization (donee) Address (number, street, and room or suite no.) City or town d For tangible property, enter the place where the property is located or kept ? e Name of any person, other than donee organization, having actual possession of the property ? 3 a Is there a restriction, either temporary or permanent, on the donee's right to use or dispose of the donated property? . . . . . b Did you give to anyone (other than the donee organization or another organization participating with the donee organi- zation in cooperative fundraising) the right to the income from the donated property or to the possession of the property, including the right to vote donated securities, to acquire the property by purchase or otherwise, or to designate the person having such income, possession, or right to acquire? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I th t i-4; I; ;+; th d at d rt IF art' ul u ') State ZIP code c s ere a res , on iml Ing a on a grope y or a p Ic ar se . . . , , BAA For Paperwork Reduction Act Notice, see separate instructions. FOIZ1812 01105107 Form 8283 (Rev 12-2006+) Schedule A Miscellaneous Itemized Deductions Statement 2008 Lines 21, 23, 28 ? Attach to return (after all IRS forms) Statement Name(s) Shown on Return Social Security Number Daniel R Stefanowich, Jr. & Brenda L Stefanowich 206-48-6919 Employee Business Expenses - Subject to 2% Limitation 1 Deductible expenses from Form 2106, line 10 less deductions for performing artists and handicapped employees claimed elsewhere.. . . .. .. 1 1,228.00 2a Qualified Educator Expenses (from Educator Expenses Worksheet) . . . . . . . 2a b Educator Expense Deduction (from 1040, line 23) ... . .. .. . . .. . . ... 2b c Excess Educator Expenses (line 2a less line 2b) .. .. . . .... . .. . . . . . 2c 3 Union and professional dues . . ... . . .... ... . ....... .. .. . .. 3 4 Professional subscriptions . . . .. . .... ... . ... .... . ... . .. .. 4 5 Uniforms and protective clothing ........ . ......... ... . . . . . . 5 6 Job search costs .. . . . . . . . . . .... . ... ....... . ....... .. 6 7 Other: 7 8 Combine lines 1 through 7 (to Schedule A, line 21) . . ... ... . .. . . . . .. 8 1,228.00 Miscellaneous Expenses - Subject to 2% Limitation Investment Check the box in investment column if an investment expense expense i 9 Depreciation and amortization deductions ... ....... . . ... . . .. . X 9 10 Casualty/theft losses of property used in services as an employee . . . .. 10 11 REMIC expenses, from Schedule E . . . . . ....... .. . ..... . . . X 11 12 Investment expenses related to interest and dividend income . ... . . . . . X 12 13 Expenses related to portfolio income, from Schedule(s) K-1 . . ... . . .. . X 13 14 Miscellaneous deductions, from Schedule(s) K-1 .. ... . . ... . .. .. 14 15 Excess deductions on termination, from Schedule(s) K-1 . . .... . . .. 15 16 Investment counsel and advisory fees . . . ....... . . . .... .. .. . X 16 17 Certain attorney and accounting fees . .......... . . ... . .. . . . X 17 3,400.00 18 Safe deposit box rental fees . . ......... ... . ... ...... ... X 18 19 IRA custodial fees .. .. . . . . . .. ....... . .. . ........ .. . X 19 20 Loss incurred from total distribution of all traditional IRAs . .... . .. . . 20 21 Loss incurred from total distribution of all Roth IRAs ..... .... . . .. 21 22 Hobby expense (limited to hobby income) . ....... .. . . ... .. .. . 22 23 Other: 23 24 Combine lines 9 through 23 (to Schedule A, line 23) .. . . .... . . .. .... . 24 3,400.00 Other Miscellaneous Deductions - Not Subject to 2% Limitation 25 Expenses related to portfolio income, from Schedule(s) K-1 .... . . . . . .0 25 26 Federal estate tax paid on decedent's income reported on this return . . . . . . 26 27 Impairment-related expenses of a handicapped employee, from Form 2106. . . 27 28 Amortizable bond premiums on bonds acquired before 10/23/86 . . . ... . . . 28 29 Gambling losses . . . . . . .. . . .. . . .... . .. . . . . . . . . . . . . . . . 29 30 Casualty/theft losses of income-producing property .. . ... . . ... . . . . . 30 31 Other: 31 32 Combine lines 25 through- 31 (to Schedule A, line 28) ...... . .. . . . . .. 32 R LED' :'E THE r,?q , t1 2069 JU 23 AH 11: 4 4 ?cY z ...,J?.f?l f I 0 COYNE & COYNE, P.C. Lisa Marie Coyne, Esquire Pa. Supreme Ct. No. 53788 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 DANIEL R. STEFANOWICH, JR., Plaintiff VS. BRENDA L. STEFANOWICH, Defendant Attorney for Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07-1330 CIVIL TERM ACTION IN DIVORCE DEFENDANT'S PETITION FOR ALIMONY PENDENTE LITE, COUNSEL FEES, COSTS AND EXPENSES AND ALIMONY AND NOW comes the Defendant/Petitioner, Brenda L. Stefanowich, who, by and through her attorneys, Lisa Marie Coyne, Esquire, files this Petition for Equitable Distribution, Alimony Pendente Lite, Counsel Fees, Costs and Expenses and Alimony, in which she avers that: 1. Defendant/Petitioner, Brenda L. Stefanowich, is an adult individual residing at 4183 Grouse Court, Apartment 106, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Plaintiff/Respondent, Daniel R. Stefanowich, is an adult individual residing at 751 Manada Bottom Road, Harrisburg, Dauphin County, Pennsylvania 17112. 3. Plaintiff/Respondent filed a Divorce Complaint in this matter on or about March 9, 2007; however, service of the Complaint was not made upon the Defendant until more than thirty (30) days after the Complaint was filed and Plaintiff/Respondent did not reissue the complaint as required by the Pennsylvania Rules of Civil Procedure; but, instead, counsel for Plaintiff stuck the complaint in Defendant's screen door sometime during the evening hours of June 28, 2007. 4. On or about September 10, 2007, Defendant filed an Answer and Counterclaim to the Divorce Complaint. 5. Plaintiff/Respondent and Defendant/Petitioner have acquired property, both real and personal, during the marriage which constitutes marital property subject to equitable distribution under the Divorce Code. 6. Plaintiff/Respondent and Defendant/Petitioner each owned, prior to the marriage, personal property which has increased in value during the marriage, and/or which has been exchanged for other property which has increased in value during the marriage, all of which property is marital property, subject to equitable distribution under the Divorce Code. 7. Plaintiff/Respondent and Defendant/Petitioner have been unable to agree as to an equitable division of said property. 8. The parties are the parents of two children who reside with Defendant/Petitioner. 9. Defendant/Petitioner lacks sufficient property to provide for her reasonable means and is unable to support herself in the standard of living established during the marriage through appropriate employment. 10. Defendant/Petitioner has employed counsel, but is unable to pay the necessary and reasonable attorney's fees for said counsel. 11. Defendant/Petitioner is unable to sustain herself during the course of this litigation and will require alimony pendent elite, expenses, and costs in order to do so. 2 12. Defendant/Petitioner requires reasonable alimony to adequately maintain herself in accordance with the standard of living established during the marriage. 13. Plaintiff/Respondent has adequate earnings and income and resources to provide for the Defendant's/Petitioner's support and to pay her counsel fees, costs and expenses. WHEREFORE, Defendant/Petitioner, BRENDA L. STEFANOWICH, respectfully requests the Court to: (1) divide all marital property equitably between the parties; (2) enter an award of Alimony Pendente Lite, interim counsel fees, costs and expenses, until final hearing and thereupon award such additional counsel fees, costs and expenses as deemed appropriate; and (3) enter an award of alimony in her favor. Respectfully submitted, COYNE & COYNE, P.C. Dated: -712.6101 By: Pal Supreme Court No/53788 Ol Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Attorney for DefendantJPetitioner 3 VERIFICATION The facts set forth in the foregoing are true and correct to the best of the undersigned's knowledge, information and belief and are verified subject to the penalties for unsworn falsification to authorities under 18 Pa. C.S.A. § 4904. Dated: 71??? IV - CERTIFICATE OF SERVICE I, Lisa Marie Coyne, Esquire, of Coyne & Coyne, P.C., hereby certify that true copy of the foregoing Petition for APL, etc. was served this date upon the below-referenced individuals at the below listed address by way of first class mail, postage pre-paid: Diane S. Baker, Esq. 27 S. Arlene Street P.O. Box 6443 Harrisburg, PA 17112-0443 Dated: Z 8 0 C Lis Marie Coyne, Esquire I 3901 Market Street C p Hill, PA 17011-4227 17)737-0464 Pa. S. Ct. No. 53788 Attorney for Defendant/Petitioner 4 nr TNT j ,Two 2v99 JUG 29 Ali P ! : CUr a w UNTY DANIEL R. STEFANOWICH, JR.,: Plaintiff VS. BRENDA L. STEFANOWICH, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07 - 1330 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this IV* day ofG1' 2011, the economic claims raised in the proceedings having been resolved in accordance with a marital settlement agreement dated March 17, 2011, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, xz'?- 41?04 Kevi A. Hess, P.J. cc: 'Diane Sommers Baker Attorney for Plaintiff Lisa Marie Coyne led Attorney for Defendant copf If 31 lei DKS CM co -D MARITAL SETTLEMENT AGREEMENT ? AGREEMENT, made this 17 day of 2&4 _J , 2011, by and between BRENDA STEFANOWICH, hereinafter referred to as "Wife", and DANIEL STEFANOWICH, JR., hereinafter referred to as "Husband". WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on August 17, 1985, and there are two children born of the marriage, Aaron Stefanowich, age 20, and Nicholas Stefanowich, age 16; WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties, and it is the intention of Wife and Husband to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them relating to the ownership of real and personal property, the equitable distribution of such property; the settling of all matters between them relating to the past, present and future support and/or maintenance of Wife by Husband or of Husband by Wife; and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable considerations, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: g05 AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS. This Agreement shall not be considered to affect or bar the right of Wife or Husband to a divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed a condonation on the part of either party hereto of any act or acts on the part of the other parry which have occurred prior to or which may occur subsequent to the date hereof. 2. EFFECT OF DIVORCE DECREE. The parties agree that, unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. It is the intent of the parties hereto that this Agreement shall create contractual rights and obligations entirely independent of any Court Order and that this Agreement may be enforced by contract remedies in addition to any other remedies which may be available pursuant to the terms of this Agreement or otherwise under law or equity. This agreement shall be incorporated and not merged in any divorce decree. 3. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE. The parties agree that the terms of this Agreement shall be incorporated, but not merged, into any divorce decree which may be entered with respect to them. The parties further agree that the Court of Common Pleas which may enter such divorce decree shall retain continuing jurisdiction over the parties and the subject matter of the Agreement for the sole purpose of enforcement of any of the provisions thereof and not for modification of the Agreement. 4. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each 2 o executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 5. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to Husband by his attorney, Diane S. Baker, Esquire, and to Wife by her attorney, Lisa M. Coyne, Esquire. 6. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS. Each party understands that he or she has the right to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation, and that each party has the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have the right to have a court hold hearings and make decisions on the matters covered by this Agreement. Both parties understand that a court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Each party hereby acknowledges that this Agreement is fair and equitable, that it adequately provides for his or her needs and is in his or her best interests, and that the Agreement is not the result of any fraud, duress, or undue influence exercised by either party upon the other or by any other person or persons upon either party. Both parties hereby waive the following procedural rights or acknowledge that they have been satisfactorily afforded said procedural rights: a. The right to obtain an inventory and appraisement of all marital and non- marital property as defined by the Pennsylvania Divorce Code. 3 A0 b. The right to obtain an income and expense statement of the other party as provided by the Pennsylvania Divorce Code. C. The right to have property identified and appraised. d. The right to discovery as provided by the Pennsylvania Rules of Civil Procedure. e. The right to have the court determine which property is marital and which is non-marital, and equitably distribute between the parties that property which the court determines to be marital, and to set aside to either party that property which the court determines to be the parties' non-marital property. f. The right to have the court decide any other rights, remedies, privileges, or obligations covered by this Agreement and/or arising out of the marital relationship, including but not limited to possible claims for divorce, child or spousal support, alimony, alimony pendente lite (temporary alimony), equitable distribution, debt allocation, and counsel fees, costs and expenses. 7. PERSONAL RIGHTS. Wife and Husband, at all times hereafter, may and shall live separate and apart. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. 8. SUBSEQUENT RECONCILIATION. The parties agree that the terms of this Agreement shall not be affected by their subsequent co-habitation or resumption of marital relations, unless the parties otherwise specifically agree in writing. 4 ats 9. MUTUAL RELEASES. Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of the other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interests, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature or wheresoever situate, which he or she now has or at any time hereafter may have against the other, the estate of the other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of the other or by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any other country, or any rights which either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, property division, costs or expenses, whether arising as a result of the marital relation or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is further agreed that 5 gLS this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 10. RETIREMENT ACCOUNTS AND PENSION PLANS. Husband was employed during the marriage by the Pennsylvania Army National Guard (PAARNG) and as a result of said employment is the title owner of a retirement account through the Military Retirement System. The parties agree that Wife is entitled to 60.0% of Husband's military retired pay calculated at the time of retirement, multiplied by a coverture fraction, which shall have a numerator equal to 5,287 retirement points and a denominator equal to Husband's total retirement points at the time he enters pay status. Wife's 60% marital share shall be calculated on the retired pay after it is reduced for the monthly cost for the Survivor Benefit Plan awarded to Wife below. Thus, the parties agree that they are dividing the net pension after deduction for SBP costs. If Husband waives a portion of his military retired pay to receive Veteran's disability pay ("VA Waiver"), his disposable retired pay will be reduced. In this case, Wife's awarded percentage of the disposable retired pay shall be increased so that she receives the same dollar amount of monthly income had Husband not elected a VA Waiver. To the extent Husband receives retired pay before the Military Retirement Domestic Relations Order may be amended to adjust Wife's awarded percentage and/or before such adjusted award percentage is implemented by DFAS, he shall make direct payments to Wife so as to neutralize her from the impact of such VA Waiver. Wife shall also receive 60% of the marital share (using the coverture fraction as defined above) of any cost-of-living adjustments made to Husband's retired pay. At retirement, 6 P, L,5 or at such earlier time as the Military Retirement System may permit, Husband must elect a Survivor Benefit Plan with Wife named as the survivor annuitant. The base amount (the monthly pension amount to which the 55% survivor benefit percentage applies) shall be equal to the gross retired pay, thus awarding Wife with the maximum possible survivor benefit. Husband understands that this will preclude him from electing a Survivor Benefit Plan for a subsequent spouse. In the event Wife dies before Husband, her share of the pension shall revert to the Husband, as is required by the Military Retirement System. Upon retirement, Husband shall provide to Wife proof of election of survivor benefit percentages as required in this agreement. It is intended by the parties that this provision for transfer of retirement benefits shall be approved by the court as a separate order, which shall conform to the Military Retirement System requirements. Said Order(s) shall be prepared by Jonathan Cramer of Conrad Siegel, Inc. Husband shall be responsible for providing the necessary information to Mr. Cramer and shall do so within 15 days of the date of execution of this Agreement. The costs of p>L5 3117A (Q (preparation of the Ord shall be paid by Husband. Both parties agree to execute all documents necessary to effectuate the transfer upon request including a Stipulation for the Order pursuant to the governing federal requirements or any similar Act that may be required from time to time to accomplish the purpose of this Paragraph. Except as specifically provided for in this Agreement, Wife and Husband hereby release and waive any and all interest, claim, or right that she or he may have to any and all retirement benefits (including pension or profit sharing benefits) or other similar benefits of the other party. Specifically Wife waives any claim she may have to Husband's Federal Civilian Employment retirement account(s) and acknowledges that said account(s) were accrued post-separation and do not constitute marital property. 7 11. PERSONAL PROPERTY. Husband and Wife do hereby acknowledge that they have divided their tangible personal property, including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and other personal property in as equitable a manner as possible. All such property currently in possession of Wife shall become the sole and exclusive property of Wife. All such property currently in possession of Husband shall become the sole and exclusive property of Husband. The parties do hereby specifically waive, release, renounce and forever abandon whatever claim, if any, he or she may have with respect to the above items which shall become the sole and separate property of the other. 12. AFTER-ACQUIRED PERSONAL PROPERTY Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible or intangible, hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were4unmarried. 13. AUTOMOBILES. The parties agree that all jointly owned vehicles have already been divided to the satisfaction of the parties and they have no remaining jointly owned vehicles. Any individually owned vehicles shall become the sole and separate property of the party in whose name the vehicle is currently titled and both parties waive any rights they may have to the vehicles or boats of the other. Any debts owed on said vehicles shall become the sole and separate responsibility of the named party and they shall indemnify and hold the other party harmless therefrom. 8 Ac,5 14. BANK ACCOUNTS. The parties agree that they have no remaining joint bank accounts and all such accounts have been equitably divided between the parties. Any individual accounts owned by the parties shall become the sole and separate property of the party in whose name the account is currently titled and both parties waive any rights they may have to the bank account(s) of the other. 15. LIABILITIES. The parties agree that they have no joint liabilities. All remaining debts accumulated during the marriage or post-separation are in the sole and separate name of the individual parties (including all credit card debt and student loan debt) and shall become the sole and separate responsibility of the named party. Each party agrees to defend, indemnify and hold the other party harmless for and against any and all such individual debts, liabilities or obligations. 16. WARRANTY AS TO EXISTING OBLIGATIONS. Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligations for which the estate of the other party may be responsible or liable, except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless for and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 17. WARRANTY AS TO FUTURE OBLIGATIONS. Wife and Husband each covenant, warrant, represent and agree that, with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold harmless the other party for and 9 against any and all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 18. GI BILL EDUCATION BENEFIT As a result of his employment with the PAARNG, Husband is entitled to receive GI Benefits which may be designated for use by his children. Husband agrees that he shall divide the benefits equally between his three (3) sons, Aaron Stefanowich, Nicholas Stefanowich, and Mitchell Wallish. Upon execution of this agreement Husband shall promptly take whatever steps are necessary to implement the terms of this paragraph such that Aaron's share of the benefits are made immediately available to him as promptly as possible. 19. LIFE INSURANCE. The parties are the joint owners of a whole life insurance policy through American Fidelity Life Insurance Company, Policy number 694864, believed to be valued at approximately $6,000. The parties agree that said policy shall be cashed in and the proceeds used towards Aaron Stefanowich's tuition expense for the 2010-2011 school year at the Art Institute of York. The tax consequences of this withdrawal, if any, shall be the responsibility of Aaron and shall not be the responsibility of Husband nor Wife. Husband is also the owner of a term life insurance policy through his employer with a death benefit of $400,000. For so long as Husband is employed and said policy is available to him through his employer, Husband agrees that he shall designate his beneficiaries such that in the event of his death Wife, Aron Stefanowich, and Nicholas Stefanowich, shall each receive the sum of $100,000 from the policy. Wife and Aaron Stefanowich's benefit shall be paid to them directly and Nicholas's benefit shall be paid to Wife as Trustee for Nicholas. The remaining 10 portion of the policy may be designated by Husband at his sole discretion. At such time as Husband retires and/or said $400,000 life insurance policy is no longer available to him, Husband shall instead be required to maintain at Husband's expense a $100,000 life insurance policy on himself for the benefit of Wife. It is acknowledged that the provisions of this paragraph requiring Husband to maintain life insurance on himself for the benefit of Wife have been agreed upon for the purpose of insuring Wife's alimony benefit as set forth in Paragraph 25 of this Agreement and thus Husband's obligation to maintain life insurance shall be subject to review and modification contemporaneously with the review of the Husband's alimony obligation. 20. REAL ESTATE. During the marriage the parties were the owners of a residence located at 510 Glutz's Hole Road, Duncannon, Perry County, Pennsylvania. The property was sold in 2001 and the proceeds were divided between the parties after payment of marital debt. 21. HEALTHCARE COVERAGE. Both parties acknowledge that, effective the date of entry of a Decree in Divorce, it shall be their individual responsibility to provide their own medical insurance coverage. To the extent medical insurance coverage is affected by marital status, it shall be the individual responsibility of Husband and Wife to immediately notify his or her employer of the change in marital status. Husband shall notify Wife within five (5) days of any change in his employment status. 22. PAST DUE TAXES. The parties have heretofore filed joint Federal and state tax returns. Both parties agree that in the event any deficiency in Federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax 11 6.5 deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. In the event the delinquency is the result of a good faith clerical or accounting error, the liability shall be shared equally between the parties. It is acknowledged that the parties have filed a joint 2010 tax return and are anticipating a refund of approximately $10,500. It is agreed that said refund shall be divided such that Husband will receive the amount he would have received had filed as head of household, believed to be approximately $7,300. Wife will receive the balance of the refund, believed to be approximately $3,200. Husband shall provide to Wife a copy of the joint tax return upon request. 23. BANKRUPTCY. It is hereby understood and agreed by and between the parties that their obligations pursuant to this agreement shall not be affected by any bankruptcy proceeding and shall not be deemed to constitute or be a dischargeable debt of a bankruptcy. Both parties warrant that he/she has not heretofore instituted any proceedings pursuant to the bankruptcy laws nor are there any such proceedings pending with respect to him/her that have been initiated by others. 24. PAYMENT OF LEGAL FEES. Wife shall be responsible for payment of her legal fees and Husband shall be responsible for payment of his legal fees. 25. ALIMONY. ALIMONY PENDENTE LITE AND SPOUSAL SUPPORT Effective April 1, 2011, Husband agrees to pay to Wife alimony for her separate support and maintenance in the amount of $2200 per month. The parties agree that the alimony amount being 12 paid to Wife pursuant to this Paragraph is a separate maintenance periodic payment, included and intended to be included with the income of Wife and deductible from Husband's gross income pursuant to the meaning and intent of Section 71 of the United States Internal Revenue Code. Alimony due and payable pursuant to this paragraph shall immediately terminate in the event that Wife dies, cohabitates or remarries. For the purpose of this Agreement, it is the intention of the parties that cohabitation shall be defined in accordance with prevailing law at the time. Payments shall be made through the Cumberland County Office of Domestic Relations or other court of competent jurisdiction for wage attachment and enforcement purposes. The current alimony pendente lite/spousal support order docketed to Cumberland County Domestic Relations PACSES Number 741109452 shall terminate effective March 31, 2011. It is the intention of the parties that as of April 1, 2011, Husband shall owe no arrearages nor be entitled to any credit on -ORS a31 [-?„4,2oJ( his prior oupport obligation through the Office of the Domestic Relations Office. The child support portion of said order shall remain in effect. The parties agree that the aforesaid provisions for alimony may be subject to modification upon Husband's retirement from his current position with PAARNG and resultant eligibility to receive his retirement benefits, or October 1, 2012, whichever occurs first. It is acknowledged that the following factors were considered when arriving at the aforesaid alimony provisions and will be considered in any modification of alimony: a. Husband's marital misconduct during the marriage including his acknowledgement of a child conceived outside of the marriage and that said child currently resides with Husband; b. The relative earnings and earning capacities of the parties given Husband's education 13 and professional training namely Husband's monthly net income of $7,421 and Wife's assigned net earning capacity of $1,108; c. Wife's continuing responsibility to serve as primary custodian for the minor child Nicholas; and, the extent to which the earning power, expenses or financial obligations of Wife will be affected by reason of serving as the custodian of Nicholas; d. The duration of the marriage and the length of time Husband paid spousal support/alimony pendente lite to Wife pursuant to the support guidelines; e. The ages and the physical, mental and emotional conditions of the parties; f. The sources of income of both parties, including but not limited, medical, retirement, insurance or other benefits; g. The expectancies and inheritances of the parties; h. The contribution by Wife to the education, training or increased earning power of the Husband; i. The standard of living of the parties established during the marriage ; j. The relative education of the parties and the time and cost necessary to acquire sufficient education or training to enable the Wife to find appropriate employment; k. Wife's expenses including her obligation as obligor for student loans for herself and children of the marriage; 1. The contribution of a Wife as a homemaker; in. The relative needs of the parties; n. The Federal, State and local tax ramifications of the alimony award; o. Whether the party seeking alimony lacks sufficient property, including, but not 14 6P limited to, property distributed under Chapter 35 (relating to property rights), to provide for the party's reasonable needs. 26. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS. The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 hereinafter the "Act"), specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfers and subject to the carry-over basis provisions of the said Act. In the event that there is a transfer tax assessed then said tax shall be the responsibility of the party receiving the property. 27. MUTUAL CONSENT DIVORCE. The parties agree and acknowledge that their marriage is irretrievably broken, that they do not desire additional marital counseling, and that they both consent to the entry of a decree in divorce pursuant to Section 3301(c) of the Pennsylvania Divorce Code, Act 26 of 1980, as may be amended (herein referred to as the Code). Accordingly, both parties agree to execute such consents, affidavits, or other documents and to direct their respective attorneys to immediately file such consents, affidavits, or other documents as may be necessary to promptly proceed to obtain a divorce pursuant to said Section 3301(c) of The Code. Upon request, to the extent permitted by the law and the applicable Rules of Civil Procedure, the named defendant in such divorce action shall execute any waivers of notice or other waivers necessary to expedite such divorce. 15 Op 28. WAIVER OR MODIFICATION TO BE IN WRITING. No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties, and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 29. MUTUAL COOPERATION. Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 30. LAWS OF PENNSYLVANIA APPLICABLE. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement. 31. AGREEMENT BINDING HEIRS. This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 32. OTHER DOCUMENTATION. Wife and Husband covenant and agree that they will forthwith (and within at least ten (10) days after demand therefor) execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 33. NO WAIVER OF DEFAULT. This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall 16 ??5 in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any default or breach of any provision hereof be construed as a waiver of any subsequent default or breach of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 34. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertakings other that those expressly set forth herein. The parties further acknowledge that any previous agreements between them are incorporated herein. 35. ENFORCEMENT OF AGREEMENT. If either party breaches any provision of this Agreement, the other party shall have the right, at his or her selection, to sue for damages for such breach or to require specific performance. The party breaching this Agreement shall be responsible for payment of legal fees and costs incurred by the other party in enforcing their rights under this Agreement or for seeking such other remedies of relief as may be available to him or her. 36. SEVERABILITY. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and, in all other respects, this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet her or his obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall, in no way, void or alter the remaining obligations of the parties. 17 bL1 37. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement, nor shall they affect its meaning, construction or effect. IN WITNESS WHEREOF, the parties hereto have set their hands and seal the day and year first above written. AAft WI NESS TNESS BRENDA STEFAN CH DANIEL STEF WICH, JR. 18 DANIEL R. STEFANOWICH, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 07 - 1330 CIVIL ? = =i-BRENDA L. STEFANOWICH, Defendant IN DIVORCE e' - AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 9, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of the final Decree in Divorce after service of notice of intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORTIES. 17 MAmi I DATE: DANIEL R. STEFANOWICH, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 07 - 1330 CIVIL =..i BRENDA L. STEFANOWICH, `- Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORTIES. ?-l H 2ott DATE: DANIEL R. STEFANOWICH, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 07 - 1330 CIVIL BRENDA L. STEFANOWICH, Defendant IN DIVORCE AFFIDAVIT OF CONSENT co ' _^i 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code Was a° `' .- filed on March 9, 2007. d 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of the final Decree in Divorce after service of notice of intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORTIES. 31/7/ DATE: BRENDA LS WICH DANIEL R. STEFANOWICH, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 07 - 1330 CIVIL BRENDA L. STEFANOWICH, Defendant IN DIVORCE ::z -'-, WAIVER OF NOTICE OF INTENTION TO REOUEST r :r ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE t 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORTIES. .31(71// _ DATE: BRENDA L. STEFAN CH COYNE & COYNE, P.C. Lisa Marie Coyne, Esquire Pa. Supreme Ct. No. 53788 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 FILED-OFFICE OF THE PROTHONOTARY 2011 APR -1 PM 3: 28 CU pENNSY?.VAN#A Ty Attorney for Defendant DANIEL R. STEFANOWICH, JR., Plaintiff VS. BRENDA L. STEFANOWICH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-1330 CIVIL TERM ACTION IN DIVORCE ACCEPTANCE OF SERVICE OF COMPLAINT I, Brenda L. Stefanowich, acknowledge receipt of Complaint in Divorce on or about June 28, 2007. RENDA L. STEFANO H 1 DANIEL R. STEFANOWICH, JR. vs. BRENDA L. STEFANOWICH IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-1330 PRAECIPE TO TRANSMIT RECORD To the Prothonotary: ?"?'1 m 3s M Transmit the record, together with the following information, to the court for entry of a &iuce --Ml decree: 1 C' - v 1. Ground for divorce: Zp 3 Irretrievable breakdown under § (3301(c)) and 3> z w (3301(d)(1)) of the Piyaree Ge4e. (Strike out inapplicable section.) Co 2. Date and manner of service of the complaint: June 28, 2007 by personal service 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by § 3301(c) of the Divorce code: by plaintiff 3/17/2011 ; by defendant 3/17/2011 (b) (1) Date of execution of the affidavit required by § 3301(d) of the Divorce Code: (2) Date of filing and service of the plaintiff's § 3301(d) affidavit upon the respondent opposing party: 4. Related claims pending: None. 5. Complete either (a) or (b) (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date plaintiff's Waiver of Notice 3/17/2011 was filed with the Prothonotary: Date defendant's Waiver of Notice was filed with the Prothonotary: 3/17/2011 c A mey for Plaintiff/ efe CIVIL DIVISION CIVIL TERM c r*t ? C: ^-f4 = c? ? C3 n ? f1 ' I Daniel R Stefanowich, Jr. Plaintiff VS. Brenda L. Stefanowich Defendant G) IN THE COURT OF COMMON qjFAS? PEN CUMBERLAND COUNTY rte-. I , - r NO. 07-1330; CIVIL ACTION - LAW v c : , IN DIVORCE " r-0 DOMESTIC RELATIONS ORDER 1. This Domestic Relations Order ("DRO") creates and recognizes the existence of the Alternate Payee's right to receive a portion of the benefits payable with respect to the Participant. It is intended to constitute a Qualifying Court Order under the Uniformed Services Former Spouse's Protection Act, 10 U.S.C. Section 1408 and following. 2. This DRO is entered pursuant to authority granted under the applicable domestic relations laws of the State of Pennsylvania. 3. This DRO applies to the Military Retirement System ("Plan") and any successor thereto. Daniel R. Stefanowich, Jr. ("Participant") is a Participant in the Plan. Brenda L. Stefanowich ("Alternate Payee"), the former spouse, is the Alternate Payee for the purpose of this DRO. 4. The Participant's name, mailing address, Social Security number and date of birth are: Daniel R. Stefanowich, Jr. 751 Manada Bottom Road Harrisburg, PA 17112 Social Security No.: See Addendum Date of Birth: See Addendum 5. The Alternate Payee's name, mailing address, Social Security number and date of birth are: Brenda L. Stefanowich 4183 Grouse Court, Apt. 106 Mechanicsburg, PA 17050 Social Security No.: See Addendum Date of Birth: See Addendum 6. The Participant assigns to the Alternate Payee an interest in the Participant's disposable military retired pay. The Alternate Payee is entitled to a direct payment in the amount specified below and shall receive payments at the same time as the Participant. K-y DRO Page 2 7. The Alternate Payee is awarded a percentage of the Member's gross disposable military retirement pay, to be computed by multiplying 60% times a marital share fraction (less than 1.0), the numerator of which is the number of retirement points earned during the marriage (which shall be defined as 5,287 points), divided by the Participant's total number of retirement points earned as of his date of retirement. The Alternate Payee shall also receive 60% times the marital share fraction of any post-retirement cost-of-living adjustments made to the Participant's benefits. 8. The monthly payments under Paragraph 7 shall commence to the Alternate Payee as soon as administratively feasible following the commencement of Participant's retirement benefits and shall continue until the earlier of the death of the Participant or the Alternate Payee; and to the extent permitted under law, irrespective of the future marital status of either of them. The benefits payable to the Alternate Payee shall terminate upon the death of either the Participant or the Alternate Payee. 9. The Participant and Alternate Payee agree the Alternate Payee will be named as the irrevocable beneficiary under the Survivor Benefit Plan ("SBP"). The Participant shall make the necessary elections and paperwork in a timely manner to effectuate the SBP coverage for the Alternate Payee. The base amount to which the SBP applies shall be the Participant's gross retirement pay, the maximum amount permitted by law. The Alternate Payee recognizes that SBP payments to her may be suspended by law in the event she remarries prior to attainment of a specific age (currently age 55). 10. The Participant's rights under the Soldiers' and Sailors' Civil Relief Act of 1940 (50 U.S.C. §521) were observed by the Court as evidenced by his affirmative signature on the divorce decree and/or separation agreement. 11. The jurisdictional requirements of 10 U.S.C. Section 1408 have been complied with, and this Order has not be amended, superseded, or set aside by any subsequent order. This court has the authority to divide the Member's military retired pay under the USFSPA's C-4 jurisdictional requirement since the Member consents to the jurisdiction of this court. 12. The Participant and the Alternate Payee acknowledge that they were married for a period of more than ten years during which time the Participant performed more than ten years of creditable military service. Attached is a copy of the Marriage Certificate and Divorce Decree. 13. The Alternate Payee agrees that any future overpayments to her are recoverable and subject to involuntary collection from her or her estate. 14. The Alternate Payee agrees to notify DFAS about any changes in the Domestic Relations Order or the order affecting these provisions of it, or in the eligibility of any recipient receiving benefits pursuant to it. 15. The Participant agrees to cooperate with the Alternate Payee to prepare an application for direct payment to the Alternate Payee from the Participant's retired or retainer pay pursuant to 10 U.S.C. Section 1408. The Participant agrees to execute all documents that the United States Army may require to certify that the disposable military retired pay can be provided to the Alternate Payee. a, 5 DRO Page 3 16. The Participant agrees not to merge the Participant's disposable military retired pay with any other pension and not to pursue any course of action that would defeat the Alternate Payee's right to receive a portion of the disposable military retired pay of the Participant. The Participant agrees not to take any action by merger of the military retirement pension so as to cause a limitation in the amount of the total retired pay in which the Participant has a vested interest and, therefore, the Participant will not cause a limitation of the Alternate Payee's monthly payments as set forth above. The Participant agrees to indemnify the Alternate Payee for any breach of this Paragraph 16 as follows: If the Participant becomes employed or otherwise has his military pension merged, which employment or other condition causes a merger of the Participant's disposable military retired pay, the Participant will pay to the Alternate Payee directly the monthly amount provided in Paragraph 7 under the same terms and conditions as if those payments were made pursuant to the terms of this Order, until such time as this Domestic Relations Order may be amended to preserve the Alternate Payee's intended award. 17. If, in any month, direct payment is not made to the Alternate Payee by DFAS (or the appropriate military pay center) pursuant to the terms of this Order, Participant shall pay the amounts called-for above directly to Alternate Payee by the fifth day of each month in which the military pay center fails to do so, beginning on the date that Alternate Payee would have otherwise been entitled to commence her payments, until such time as this Domestic Relations Order may be amended to preserve the Alternate Payee's intended award. This includes any amounts received by the Participant in lieu of disposable retired pay, including but not limited to, any amounts waived by Participant in order to receive Veterans Administration (i.e., disability) benefits or any amounts received by Participant as a result of an early-out provision, such as VSI or SSB benefits. In the event DFAS withholds payment to the Alternate Payee and does not transfer said payments to the Participant or on Participant's behalf, then the Participant has no obligation to repay the Alternate Payee for funds which he did not receive. 18. If the Participant takes any action that prevents, decreases, or limits the collection by the Alternate Payee of the sums to be paid hereunder, he shall make payments to the Alternate Payee directly in the amount sufficient to neutralize, as to the Alternate Payee, the effects of the actions taken by the Participant. 19. The Participant hereby waives any privacy or other rights as may be required for the Alternate Payee to obtain information relating to the Participant's date and time of retirement, last unit assignment, final rank, grade and pay, present or past retired pay, or other information as may be required to enforce the award made herein, or required to revise this Order so as to make it enforceable. 20. The Participant shall be required to notify the Alternate Payee, in writing, within thirty (30) days prior to Participant's actual date of retirement. Such notice shall indicate his intentions to retire and elect benefit commencement date. The notice shall be sent via regular first-class mail. For this purpose, the Alternate Payee shall notify the Participant of any changes in her mailing address. 21. The Alternate Payee shall be liable for any federal, state or local income taxes associated with her assigned share of the disposable military retired pay. 22. The parties acknowledge that the following items must be sent by the Alternate Payee to DFAS-HGA/CL, Garnishment Operations, P.O. Box 998002, Cleveland, OH 44199-8002 and Ali .. DRO Page 4 DFAS, U.S. Military Retirement Pay, P.O. Box 7130, London, KY 40742-7130. The Participant agrees to provide any of this information to the Alternate Payee at the Alternate Payee's request and to make all necessary efforts to obtain any of this information that the Alternate Payee is unable to obtain. a. A certified copy of the Divorce Decree. b. A certified copy of this Domestic Relations Order. C. A copy of the Marriage Certificate of Mr. and Mrs. Stefanowich. d. An executed copy of DD Form 2656-10. e. An executed copy of DD Form 2293. 23. The Court shall retain jurisdiction to enter such further orders as are necessary to enforce the award to the Alternate Payee of the military retirement benefits awarded herein. EXECUTED this S'day of /402 " ! CONSENT TO ORDER: Participant Sam S. ,. O*ia M L-11 ? Ie& Mimeo 00 e , F 90 BY THE COURT ?::, -,14 Judg e DefendanVAlternat ayee Date h Att rney for Defendant/ Date Al rnate Payee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DANIEL R. STEFANOWICH, JR. : V. BRENDA L. STEFANOWICH : NO. 07-1330 CIVIL TERM DIVORCE DECREE AND NOW, A» * l /Y , Z° f / , it is ordered and decreed that DANIEL R. STEFANOWICH, JR. , plaintiff, and BRENDA L. STEFANOWICH , 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.") NONE. The Marital Settlement Agreement, dated March 17, 2011 is incorporated, but not merged into this Decree. By the Court, Nahee + Sopy rnaie ? abti{ acyne ORDERMOTICE TO WITHHOLD INCOME FOR SUPPORT State Comm wealth of Pennsylvania 1`7 31 D2 32-7 Co./City/Dist. o CUMBERLAND 51q`3 ? _191GNn Date of Order/ otice 04/21 /11 Case Number See Addendum for case summary) Federal EIN Number Sent Electronically DO NOT MAIL 8544100094 Employee/Obligors Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFOR MATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBER LAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above named employee's/obligor's income until further notice even if the Order/Notice is not issued by pur State. C ) C: -? $ 1 1 06.00 per month in current child support MM - r $ 0.00 per month in past-due child support Arrears 12 weeks or greater? C?ap v Z? no $ 0.00 per month in current medical support -< > ? CCD $ 0.00 per month in past-due medical support r $ 2,2 00.00 per month in current spousal support C-, °--ri $ 0.00 per month in past-due spousal support cp $ 0.00 per month for genetic test costs $ 0.00 per month in other (specify) r.? :xr $ one-time lump sum payment for a total of $ I 3,306.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 760.83 per weekly pay period. $ 1,653.00 per semimonthly pay period (twice a month). $ 1 521 67 per biweekly pay period (every two weeks). $ 3,306.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee' obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). Pennsylvania law (23 PA C.S. § 4374(b)) requires remittance by an electronic payment method if an employer is ordered to withhold income from more than one employee and employs 15 or more persons, or if an employe has a history of two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-958 for instructions. PA FIPS CODE 42 000 00 Make Remi ance Payable to: PA SCDU Send chec to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown abov as the Emp/oyeelObligor's Case /dentirler) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE KEVIN A HESS D-7- I33o C,v i?_ Original Order/Notice 0 Amended Order/Notice 0 Terminate Order/Notice 0 One-Time Lump Sum/Notice RE: STEFANOWICH, DANIEL R. JR Employee/Obligors Name (Last, First, MI) 206-48-6919 mp oyee/Ob igo s Social ecunty um r OMB No.: 0970-0154 Form EN-428 Service type M Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS 0 If heckedd you are required to provide a cop of this form to your employee. If our employee ,?r orks in a state that is di?Ferent frFom the state that issued this order, a copy must be provided to your gmployee even i the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies i effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/ obligor. 3.* Reporting the aydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of wit holding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the em loyee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding ord r and forward the support payments. 4.* Employee/Obli or with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this emplo ee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination N tification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provi a the information requested and return a copy of this Order/Notice to the Agency identified below. 3115751420 THE PERSON HA NEVER WORKED FOR THIS EMPLOYER: O THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: O EMPLOY:-E'S/OBLIGOR'S NAME: STEFANOWICH, DANIEL R. JR EMPLOY E'S CASE IDENTIFIER: 8544100094 DATE OF SEPARATION: LAST KN WN HOME ADDRESS: LAST KN WN PHONE NUMBER: FINAL PAYMENT AMOUNT: NEW EM LOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If u have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimin t!on: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refus ng to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed gove is. 9.* Withholding L mits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (CC A) (15 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security tax s, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporti g another family and 60% of the disposable income if the obligor is not supporting another family. However, that 50% limit is increa ed to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a be for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater t an 12 weeks : If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the employer should c Iculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the aw of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by t e law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premi ms in determining disposable income and applying appropriate withholding limits. 10. Additional inf : *NOTE: If you or y ur agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued t is order with respect to these items. 11. Send Termination Notice and other correspondence to: If you or your employee/obligor have any questions, DOMESTIC RELATIONS SECTION contact WAGE ATTACHMENT UNIT 13 N. HAN VER ST by telephone at (717) 240-6225 or P.O. BOX 320 by FAX at (717) 240-6248 or CARLISLE A 17013 by Internet www.childsupDOrt.state.Da.us OMB No.: 0970-0154 Form EN-428 Service type M Page 2 of 2 Worker ID $IATT A. ADDENDUM Summary of Cases on Attachment Defendant/Obligor: STEFANOWICH, DANIEL R. JR PACSES Case Nur ber 273108387 Plaintiff Name BRENDA L. STEF NOWICH Docket achment Amount 00525 S 2006 1,106.00 Child(ren)'s Name s): DOB NICHOLAS J. STE ANOWICH 01/12/95 Plaintiff Name Docket Attachment 1 0.00 Child(ren)'s Name(s): DOB Plaintiff Name Docket Child(ren)'s Name(s): DOB Service type M PACKS Case Number 741109452 Plaintiff Name BRENDA L. STEFANOWICH Docket Attachment Amount 07-1330 CIVIL $ 2,200.00 Child(ren)'s Name(s): DOB PACKS Case Number Plaintiff Name PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Addendum OMB No.: 0970-0154 Form EN-428 Worker ID $IATT DANIEL R. STEFANOWICH, JR., IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLV$TI1=_'- - , • r ? ? iTmm V. NO. 2007-1330 CIVIL TERM BRENDA L. STEFANOWICH, CIVIL ACTION -LAW Defendant/Respondent IN DIVORCE PETITION TO TERMINATE ALIMONY "' . AND NOW comes the Plaintiff/Petitioner, Daniel R. Stefanowich, Jr., by and through his attorney, Diane S. Baker, Esquire, and avers as follows: Plaintiff/Petitioner, Daniel R. Stefanowich, Jr., is an adult individual residing at 751 Manada Bottom Road, Harrisburg, Pennsylvania 17112. 2. Defendant/Respondent, Brenda L. Stefanowich, is an adult individual residing at 4183 Grouse Court, Apartment 106, Mechanicsburg, Pennsylvania 17050. Respondent is represented by Lisa Coyne, Esquire. 3. The parties to this action were married on August 19, 1985, separated on April 15, 2001, and divorced on April 14, 2011. 4. In September, 2010, with the assistance of the Divorce Master, E. Robert Elicker, Esquire, the parties reached an agreement for resolution of their divorce financial matters. At that time the agreement was to be reduced to writing and circulated for distribution. Although the agreement was made in September, the Marital Settlement Agreement was not actually signed until March 17, 2011. 5. Pursuant to the terms of the Marital Settlement Agreement, Plaintiff, Daniel R. Stefanowich, Jr., was directed to pay alimony in the amount of $2,200.00 per month until such time as he became eligible to receive his retirement benefit or October 1, 2012, whichever occurs first. At the time of the agreement, Plaintiff anticipated retirement from Pennsylvania Army National Guard in the near future but was unsure of an exact date, thus the parties agreed that the alimony would be subject to modification once the retirement date was known. The Marital Settlement Agreement further acknowledges factors that were considered when arriving at the aforesaid alimony provisions. Said factors are set forth at paragraph 25 of the Marital Settlement Agreement, a copy of which is attached hereto, marked Exhibit A, and incorporated herein. 6. Plaintiff has been notified that he is subject to mandatory retirement effective December 31, 2011. The Retirement Order dated December 3, 2011, is attached hereto marked Exhibit B, and incorporated here by reference. 7. The aforementioned Marital Settlement Agreement also provides at paragraph 19 that Husband would provide life insurance on himself for the benefit of Wife, subject to review and modification contemporaneously with the review of Husband's alimony obligation. 8. Plaintiff seeks termination of the Alimony Order due to the change of circumstances as follows: (a) Effective December 31, 2011, Plaintiff will be unemployed. At that time Defendant will also begin to receive her marital share of Plaintiff's retirement income. (b) The parties to this action separated on April 15, 2001, and as such Plaintiff has paid significant spousal support/alimony pendente lite or alimony for a period of approximately eleven years, almost two-thirds the length of the 16 year marriage. (c) Defendant is employable and has an earning capacity, however, has failed to seek adequate employment. The funds she will receive from Plaintiff s retirement, along with her earning capacity, is sufficient to provide for her reasonable needs. 9. This matter has been previously assigned to Judge Kevin A. Hess. 10. Opposing counsel does not concur with this Motion. On December 1.2, 2011, opposing counsel was notified that this Motion would be filed and concurrence was requested. As of the filing of this Petition no response to the concurrence request has been received. WHEREFORE, Petitioner requests this Honorable Court to schedule a hearing to terminate Plaintiffs alimony obligation and to terminate the life insurance requirements set forth in the Marital Settlement Agreement that were also subject to modification upon his retirement from military service. Respectfully submitted, aker, Esquire I.D. No. 53200 27 South Arlene Street P.O. Box 6443 Harrisburg, PA 17112-0443 (717) 671-9600 BakerLawOffice@aol.com DATE: VERIFICATION I, DANIEL R. STEFANOWICH, JR., verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities. DANIEL R. ST F WICH, JR. CERTIFICATE OF SERVICE I hereby certify that on December f ) 2011, a true and correct copy of the aforementioned document was served on the following person by United States Mail, postage prepaid, addressed as follows: Lisa Marie Coyne, Esquire COYNE & COYNE 3901 Market Street Camp Hill, PA 17011-4227 Respectfully submitted, 27 South Arlene Street Post Office Box 6443 Harrisburg, PA 17112-0443 (717) 671-9600 MARITAL SETTLEMENT AGREEMENT 141, AGREEMENT, made this 11 day of 2011, by and between BRENDA STEFANOWICH, hereinafter referred to as "Wife", and DANIEL STEFANOWICH, JR., hereinafter referred to as "Husband". WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on August 17, 1985, and there are two children born of the marriage, Aaron Stefanowich, age 20, and Nicholas Stefanowich, age 16; WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties, and it is the intention of Wife and Husband to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them relating to the ownership of real and personal property, the equitable distribution of such property; the settling of all matters between them relating to the past, present and future support and/or maintenance of Wife by Husband or of Husband by Wife; and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable considerations, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: EXHIBIT A 1. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS. This Agreement shall not be considered to affect or bar the right of Wife or Husband to a divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed a condonation on the part of either party hereto of any act or acts on the part of the other party which have occurred prior to or which may occur subsequent to the date hereof. 2. EFFECT OF DIVORCE DECREE. The parties agree that, unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. It is the intent of the parties hereto that this Agreement shall create contractual rights and obligations entirely independent of any Court Order and that this Agreement may be enforced by contract remedies in addition to any other remedies which may be available pursuant to the terms of this Agreement or otherwise under law or equity. This agreement shall be incorporated and not merged in any divorce decree. 3. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE. The parties agree that the terms of this Agreement shall be incorporated, but not merged, into any divorce decree which may be entered with respect to them. The parties further agree that the Court of Common Pleas which may enter such divorce decree shall retain continuing jurisdiction over the parties and the subject matter of the Agreement for the sole purpose of enforcement of any of the provisions thereof and not for modification of the Agreement. 4. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each 2 executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 5. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to Husband by his attorney, Diane S. Baker, Esquire, and to Wife by her attorney, Lisa M. Coyne, Esquire. 6. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS. Each party understands that he or she has the right to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation, and that each party has the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have the right to have a court hold hearings and make decisions on the matters covered by this Agreement. Both parties understand that a court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Each party hereby acknowledges that this Agreement is fair and equitable, that it adequately provides for his or her needs and is in his or her best interests, and that the Agreement is not the result of any fraud, duress, or undue influence exercised by either party upon the other or by any other person or persons upon either party. Both parties hereby waive the following procedural rights or acknowledge that they have been satisfactorily afforded said procedural rights: a. The right to obtain an inventory and appraisement of all marital and non- marital property as defined by the Pennsylvania Divorce Code. 3 b. The right to obtain an income and expense statement of the other party as provided by the Pennsylvania Divorce Code. C. The right to have property identified and appraised. d. The right to discovery as provided by the Pennsylvania Rules of Civil Procedure. e. The right to have the court determine which property is marital and which is non-marital, and equitably distribute between the parties that property which the court determines to be marital, and to set aside to either party that property which the court determines to be the parties' non-marital property. f. The right to have the court decide any other rights, remedies, privileges, or obligations covered by this Agreement and/or arising out of the marital relationship, including but not limited to possible claims for divorce, child or spousal support, alimony, alimony pendente lite (temporary alimony), equitable distribution, debt allocation, and counsel fees, costs and expenses. 7. PERSONAL RIGHTS. Wife and Husband, at all times hereafter, may and shall live separate and apart. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. 8. SUBSEOUENT RECONCILIATION. The parties agree that the terms of this Agreement shall not be affected by their subsequent co-habitation or resumption of marital relations, unless the parties otherwise specifically agree in writing. 4 9. MUTUAL RELEASES. Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of the other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interests, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature or wheresoever situate, which he or she now has or at any time hereafter may have against the other, the estate of the other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of the other or by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any other country, or any rights which either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, property division, costs or expenses, whether arising as a result of the marital relation or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is further agreed that 5 this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 10. RETIREMENT ACCOUNTS AND PENSION PLANS. Husband was employed during the marriage by the Pennsylvania Army National Guard (PAARNG) and as a result of said employment is the title owner of a retirement account through the Military Retirement System. The parties agree that Wife is entitled to 60.0% of Husband's military retired pay calculated at the time of retirement, multiplied by a coverture fraction, which shall have a numerator equal to 5,287 retirement points and a denominator equal to Husband's total retirement points at the time he enters pay status. Wife's 60% marital share shall be calculated on the retired pay after it is reduced for the monthly cost for the Survivor Benefit Plan awarded to Wife below. Thus, the parties agree that they are dividing the net pension after deduction for SBP costs. If Husband waives a portion of his military retired pay to receive Veteran's disability pay ("VA Waiver"), his disposable retired pay will be reduced. In this case, Wife's awarded percentage of the disposable retired pay shall be increased so that she receives the same dollar amount of monthly income had Husband not elected a VA Waiver. To the extent Husband receives retired pay before the Military Retirement Domestic Relations Order may be amended to adjust Wife's awarded percentage and/or before such adjusted award percentage is implemented by DFAS, he shall make direct payments to Wife so as to neutralize her from the impact of such VA Waiver. Wife shall also receive 60% of the marital share (using the coverture fraction as defined above) of any cost-of-living adjustments made to Husband's retired pay. At retirement, 6 or at such earlier time as the Military Retirement System may permit, Husband must elect a Survivor Benefit Plan with Wife named as the survivor annuitant. The base amount (the monthly pension amount to which the 55% survivor benefit percentage applies) shall be equal to the gross retired pay, thus awarding Wife with the maximum possible survivor benefit. Husband understands that this will preclude him from electing a Survivor Benefit Plan for a subsequent spouse. In the event Wife dies before Husband, her share of the pension shall revert to the Husband, as is required by the Military Retirement System. Upon retirement, Husband shall provide to Wife proof of election of survivor benefit percentages as required in this agreement. It is intended by the parties that this provision for transfer of retirement benefits shall be approved by the court as a separate order, which shall conform to the Military Retirement System requirements. Said Order(s) shall be prepared by Jonathan Cramer of Conrad Siegel, Inc. Husband shall be responsible for providing the necessary information to Mr. Cramer and shall do so within 15 days of the date of execution of this Agreement. The costs of _Di? et5 317/« N r4A%%\ preparation of the Order shall be paid by Husband. Both parties agree to execute all documents necessary to effectuate the transfer upon request including a Stipulation for the Order pursuant to the governing federal requirements or any similar Act that may be required from time to time to accomplish the purpose of this Paragraph. Except as specifically provided for in this Agreement, Wife and Husband hereby release and waive any and all interest, claim, or right that she or he may have to any and all retirement benefits (including pension or profit sharing benefits) or other similar benefits of the other party. Specifically Wife waives any claim she may have to Husband's Federal Civilian Employment retirement account(s) and acknowledges that said account(s) were accrued post-separation and do not constitute marital property. 7 11. PERSONAL PROPERTY. Husband and Wife do hereby acknowledge that they have divided their tangible personal property, including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and other personal property in as equitable a manner as possible. All such property currently in possession of Wife shall become the sole and exclusive property of Wife. All such property currently in possession of Husband shall become the sole and exclusive property of Husband. The parties do hereby specifically waive, release, renounce and forever abandon whatever claim, if any, he or she may have with respect to the above items which shall become the sole and separate property of the other. 12. AFTER-ACQUIRED PERSONAL PROPERTY. Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible or intangible, hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were4unmarried. 13. AUTOMOBILES. The parties agree that all jointly owned vehicles have already been divided to the satisfaction of the parties and they have no remaining jointly owned vehicles. Any individually owned vehicles shall become the sole and separate property of the party in whose name the vehicle is currently titled and both parties waive any rights they may have to the vehicles or boats of the other. Any debts owed on said vehicles shall become the sole and separate responsibility of the named party and they shall indemnify and hold the other party harmless therefrom. 8 14. BANK ACCOUNTS. The parties agree that they have no remaining joint bank accounts and all such accounts have been equitably divided between the parties. Any individual accounts owned by the parties shall become the sole and separate property of the party in whose name the account is currently titled and both parties waive any rights they may have to the bank account(s) of the other. 15. LIABILITIES. The parties agree that they have no joint liabilities. All remaining debts accumulated during the marriage or post-separation are in the sole and separate name of the individual parties (including all credit card debt and student loan debt) and shall become the sole and separate responsibility of the named party. Each party agrees to defend, indemnify and hold the other party harmless for and against any and all such individual debts, liabilities or obligations. 16. WARRANTY AS TO EXISTING OBLIGATIONS. Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligations for which the estate of the other party may be responsible or liable, except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless for and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 17. WARRANTY AS TO FUTURE OBLIGATIONS. Wife and Husband each covenant, warrant, represent and agree that, with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold harmless the other party for and 9 against any and all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 18. GI BILL EDUCATION BENEFIT As a result of his employment with the PAARNG, Husband is entitled to receive GI Benefits which may be designated for use by his children. Husband agrees that he shall divide the benefits equally between his three (3) sons, Aaron Stefanowich, Nicholas Stefanowich, and Mitchell Wallish. Upon execution of this agreement Husband shall promptly take whatever steps are necessary to implement the terms of this paragraph such that Aaron's share of the benefits are made immediately available to him as promptly as possible. 19. LIFE INSURANCE. The parties are the joint owners of a whole life insurance policy through American Fidelity Life Insurance Company, Policy number 694864, believed to be valued at approximately $6,000. The parties agree that said policy shall be cashed in and the proceeds used towards Aaron Stefanowich's tuition expense for the 2010-2011 school year at the Art Institute of York. The tax consequences of this withdrawal, if any, shall be the responsibility of Aaron and shall not be the responsibility of Husband nor Wife. Husband is also the owner of a term life insurance policy through his employer with a death benefit of $400,000. For so long as Husband is employed and said policy is available to him through his employer, Husband agrees that he shall designate his beneficiaries such that in the event of his death Wife, Aron Stefanowich, and Nicholas Stefanowich, shall each receive the sum of $100,000 from the policy. Wife and Aaron Stefanowich's benefit shall be paid to them directly and Nicholas's benefit shall be paid to Wife as Trustee for Nicholas. The remaining 10 portion of the policy may be designated by Husband at his sole discretion. At such time as Husband retires and/or said $400,000 life insurance policy is no longer available to him, Husband shall instead be required to maintain at Husband's expense a $100,000 life insurance policy on himself for the benefit of Wife. It is acknowledged that the provisions of this paragraph requiring Husband to maintain life insurance on himself for the benefit of Wife have been agreed upon for the purpose of insuring Wife's alimony benefit as set forth in Paragraph 25 of this Agreement and thus Husband's obligation to maintain life insurance shall be subject to review and modification contemporaneously with the review of the Husband's alimony obligation. 20. REAL ESTATE. During the marriage the parties were the owners of a residence located at 510 Glutz's Hole Road, Duncannon, Perry County, Pennsylvania. The property was sold in 2001 and the proceeds were divided between the parties after payment of marital debt. 21. HEALTHCARE COVERAGE. Both parties acknowledge that, effective the date of entry of a Decree in Divorce, it shall be their individual responsibility to provide their own medical insurance coverage. To the extent medical insurance coverage is affected by marital status, it shall be the individual responsibility of Husband and Wife to immediately notify his or her employer of the change in marital status. Husband shall notify Wife within five (5) days of any change in his employment status. 22. PAST DUE TAXES. The parties have heretofore filed joint Federal and state tax returns. Both parties agree that in the event any deficiency in Federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax 11 deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. In the event the delinquency is the result of a good faith clerical or accounting error, the liability shall be shared equally between the parties. It is acknowledged that the parties have filed a joint 2010 tax return and are anticipating a refund of approximately $10,500. It is agreed that said refund shall be divided such that Husband will receive the amount he would have received had filed as head of household, believed to be approximately $7,300. Wife will receive the balance of the refund, believed to be approximately $3,200. Husband shall provide to Wife a copy of the joint tax return upon request. 23. BANKRUPTCY. It is hereby understood and agreed by and between the parties that their obligations pursuant to this agreement shall not be affected by any bankruptcy proceeding and shall not be deemed to constitute or be a dischargeable debt of a bankruptcy. Both parties warrant that he/she has not heretofore instituted any proceedings pursuant to the bankruptcy laws nor are there any such proceedings pending with respect to him/her that have been initiated by others. 24. PAYMENT OF LEGAL FEES. Wife shall be responsible for payment of her legal fees and Husband shall be responsible for payment of his legal fees. 25. ALIMONY, ALIMONY PENDENTE LITE AND SPOUSAL SUPPORT. Effective April 1, 2011, Husband agrees to pay to Wife alimony for her separate support and maintenance in the amount of $2200 per month. The parties agree that the alimony amount being 12 paid to Wife pursuant to this Paragraph is a separate maintenance periodic payment, included and intended to be included with the income of Wife and deductible from Husband's gross income pursuant to the meaning and intent of Section 71 of the United States Internal Revenue Code. Alimony due and payable pursuant to this paragraph shall immediately terminate in the event that Wife dies, cohabitates or remarries. For the purpose of this Agreement, it is the intention of the parties that cohabitation shall be defined in accordance with prevailing law at the time. Payments shall be made through the Cumberland County Office of Domestic Relations or other court of competent jurisdiction for wage attachment and enforcement purposes. The current alimony pendente lite/spousal support order docketed to Cumberland County Domestic Relations PACSES Number 741109452 shall terminate effective March 31, 2011. It is the intention of the parties that as of April 1, 2011, Husband shall owe no arrearages nor be entitled to any credit on ? l his prioritsupport obligation through the Office of the Domestic Relations Office. The child support portion of said order shall remain in effect. The parties agree that the aforesaid provisions for alimony may be subject to modification upon Husband's retirement from his current position with PAARNG and resultant eligibility to receive his retirement benefits, or October 1, 2012, whichever occurs first. It is acknowledged that the following factors were considered when arriving at the aforesaid alimony provisions and will be considered in any modification of alimony: a. Husband's marital misconduct during the marriage including his acknowledgement of a child conceived outside of the marriage and that said child currently resides with Husband; b. The relative earnings and earning capacities of the parties given Husband's education 13 and professional training namely Husband's monthly net income of $7,421 and Wife's assigned net earning capacity of $1,108; c. Wife's continuing responsibility to serve as primary custodian for the minor child Nicholas; and, the extent to which the earning power, expenses or financial obligations of Wife will be affected by reason of serving as the custodian of Nicholas; d. The duration of the marriage and the length of time Husband paid spousal support/alimony pendente lite to Wife pursuant to the support guidelines; e. The ages and the physical, mental and emotional conditions of the parties; f. The sources of income of both parties, including but not limited, medical, retirement, insurance or other benefits; g. The expectancies and inheritances of the parties; h. The contribution by Wife to the education, training or increased earning power of the Husband; i. The standard of living of the parties established during the marriage ; j. The relative education of the parties and the time and cost necessary to acquire sufficient education or training to enable the Wife to find appropriate employment; k. Wife's expenses including her obligation as obligor for student loans for herself and children of the marriage; 1. The contribution of a Wife as a homemaker; m. The relative needs of the parties; n. The Federal, State and local tax ramifications of the alimony award; o. Whether the party seeking alimony lacks sufficient property, including, but not 14 limited to, property distributed under Chapter 35 (relating to property rights), to provide for the party's reasonable needs. 26. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS. The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 hereinafter the "Act"), specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfers and subject to the carry-over basis provisions of the said Act. In the event that there is a transfer tax assessed then said tax shall be the responsibility of the party receiving the property. 27. MUTUAL CONSENT DIVORCE. The parties agree and acknowledge that their marriage is irretrievably broken, that they do not desire additional marital counseling, and that they both consent to the entry of a decree in divorce pursuant to Section 3301(c) of the Pennsylvania Divorce Code, Act 26 of 1980, as may be amended (herein referred to as the Code). Accordingly, both parties agree to execute such consents, affidavits, or other documents and to direct their respective attorneys to immediately file such consents, affidavits, or other documents as may be necessary to promptly proceed to obtain a divorce pursuant to said Section 3301(c) of The Code. Upon request, to the extent permitted by the law and the applicable Rules of Civil Procedure, the named defendant in such divorce action shall execute any waivers of notice or other waivers necessary to expedite such divorce. 15 28. WAIVER OR MODIFICATION TO BE IN WRITING. No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties, and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 29. MUTUAL COOPERATION. Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 30. LAWS OF PENNSYLVANIA APPLICABLE. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement. 31. AGREEMENT BINDING HEIRS. This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 32. OTHER DOCUMENTATION. Wife and Husband covenant and agree that they will forthwith (and within at least ten (10) days after demand therefor) execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 33. NO WAIVER OF DEFAULT. This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall 16 in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any default or breach of any provision hereof be construed as a waiver of any subsequent default or breach of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 34. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertakings other that those expressly set forth herein. The parties further acknowledge that any previous agreements between them are incorporated herein. 35. ENFORCEMENT OF AGREEMENT. If either party breaches any provision of this Agreement, the other party shall have the right, at his or her selection, to sue for damages for such breach or to require specific performance. The party breaching this Agreement shall be responsible for payment of legal fees and costs incurred by the other party in enforcing their rights under this Agreement or for seeking such other remedies of relief as may be available to him or her. 36. SEVERABILITY. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and, in all other respects, this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet her or his obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall, in no way, void or alter the remaining obligations of the parties. 17 37. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement, nor shall they affect its meaning, construction or effect. IN WITNESS WHEREOF, the parties hereto have set their hands and seal the day and year first above written. ESS SS /se4 ' BRENDA STEFAN CH DANIEL STIVFANOWICH, J R. 18 r] COMWNWEALTH OF PENNSYLVANIA DEPARTMENT OF MILITARY AND VETERANS AFFAIRS THE ADJUTANT GENERAL ANNVILLE, PA 17003-5002 ORDERS 337-1022 03 December 2011 STEFANOWICH DANIEL RAYMOND, 206-48-6919, COL, PAARNG ELEMENT JF HO (8BAAA-100), FORT INDIANTORN GAP, ANNVILLE, PA 17003-5002 AVIATION You are separated from the Army National Guard on date indicated and assigned as indicated on date immediately following. Effective date: 31 December 2011 Type of separation: HONORABLE (A) Relieved from: DUTY POSITION: PENDING RETIREMENT MOS/SSI: O1A00 PARAGRAPH-LINE: 998F-01 Transferred to: The Retired Reserve, 1600 Spearhead Division Avenue, Dept 420, Ft. Knox, KY 40122-5402 Additional instructions: Assignment/Loss Code: SC Current Organization Identification Code: USAR CONTROL GROUP (RETIRED) (V) FOR ARMY USE Authority: Paragraph 5&(22), NOR 635-100 HOR: 751 MANADA BOTTOM ROAD, HARRISBURG, PA 17112 Format: 570 BY ORDER OF THE GOVERNOR: / MARC FERRARO / / COL, GS, PAARNG / / Chief of staff / DISTRIBUTION: Special EXHIBIT B COYNE & COYNE, P. c". Lisa Marie Coyne, Esq. Pa. Supreme Ct. No. 53788 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 FILED-OFFICE OF THE PROTHONOTARY 2411 DEC 27 PM 2: 33 CUMBERLAND COUNTY PENNSYLVANIA PETITIONER DANIEL R. STEFANOWICH, JR., Plaintiff VS. BRENDA L. STEFANOV? ICH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-1330 CIVIL TERM ACTION IN DIVORCE FOR TO THE HONORABLE, JUDGES OF SAID COURT: AND NOW comes Lisa Marie Coyne, Esquire, counsel for Defendant and avers the following in support of her (request for permission to withdraw from representation of Defendant in this matter. 1. On or about' February 23, 2004, the Defendant, Brenda L. Stefanowich, engaged the professional services o?undersigned legal counsel in representing her in the Divorce Action. 2. There are irreconcilable differences between the Petitioner and the Defendant. 3. The Divorce has concluded. 4. Defendant case. 5. The Petiti Defendant in this matter. 6. Judge Kev not be prejudiced if Petitioner is allowed to withdraw from the requests Court permission to withdraw from representation of A. Hess has prior involvement with this underlying divorce action. WHEREFORE, the Petitioner, Lisa Marie Coyne, Esquire, to withdrawal as legal counsel of record for the D Dated Respectfully submitted: COYNE & COYNE, P.C. By: sa Marie Coyne, Esq re 3901 Market Street Camp Hill, PA 17011 (717) 737-0464 Pa. Supreme Ct. No. 53788 Petitioner i CERTIFICATE OF SERVICE I, Lisa Marie Coyn?, Esquire, of Coyne & Coyne, P.C., hereby certify that true copy of the foregoing Petition to V ithdraw as Counsel was served this date upon the below-referenced individual at the below listed address by way of first class mail, postage pre-paid: Mrs. Brenda L. 4183 Grouse Court, Apt. 1( Mechanicsburg, PA 17050 Dated: t C Li a e Coyne, Esquire 390 arket Street Camp Hill, PA 17011-4227 (717) 737-0464 Pa. S. Ct. No. 53788 Petitioner DANIEL R. STEFANOWICH, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 07-1330 CIVIL TERM BRENDA L. STEFANOWICH, Defendant : ACTION IN DIVORCE RULE TO SHOW CAUSE AND NOW this 36` day of 1? .?> ;•- 2011, upon consideration of Petitioner, Lisa Marie Coyne, Esquire's Petition to Withdraw as Counsel for Defendant, a Rule is issued upon the Defendant to show cause why the Petition should not be granted. This Rule is Returnable 2 a days after Service upon the Defendant. By the Court: Cf.- ? Lisa Marie Coyne, Esq. Petitioner ? Brenda L. Stefanowich Respondent ll?? 000 ? l 2m r??7 z; r-- n -vim o .? CD -v' rte-, x c? iv ©rM za THE PPOT,1-10NOTA"'" COYNE & COYNE, P.C. Lisa Marie Coyne, Esq. Pa. Supreme Ct. No. 53788 3901 Market Street Camp H ill, PA 17011-4227 (717) 737-0464 2012 FEB - I P 1: 5-1 C,UMBERLANO COU14T' PENNSYLVANIA PETITIONER DANIEL R. STEFANOWICH, JR., Plaintiff VS. BRENDA, L. STEFANOWICH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-1330 CIVIL TERM ACTION IN DIVORCE PREACIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: Pursuant to the Order of Court, kindly withdraw my appearance in this matter for Defendant, Brenda L. Stefanowich. COYNE & COYNE, P.C. Dated: - a L By: 01- -?sa Marie Coyne, +uire 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Pa. S. Ct. No. 53788 CERTIFICATE OF SERVICE I, Lisa Marie Coyne, Esquire, of Coyne & Coyne, P.C., hereby certify that true copy of the foregoing Petitioner's Preacipe to Withdraw was served this date upon the below-referenced individuals at the below listed address by way of first class mail, postage pre-paid: Mrs. Brenda L. Stefanowich 4183 Groi ise Court, Apt. 106 Mechanicsburg, PA 17050 Dated: ?- 3o-tZ 4=4rket rie Coyne, Esquire aStreet Camp Hill, PA 17011-4227 (717) 737-0464 Pa. S. Ct. No. 53788 Petitioner DANIEL R. STEFANOVICH, JR Plaintiff vs. BRENDA STEFANOVICH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-1330 CIVIL IN RE: PETITION TO TERMINATE ALIMONY ORDER AND NOW, this day of February, 2012, at the request of counsel for the parties, hearing in this matter set for February 2, 2012, is continued generally pending receipt of an agreement. BY THE COURT, Diane S. Baker, Esquire P. O. Box 6443 Harrisburg, PA 17112-0443 For the Plaintiff Cindy Villanella, Esquire 875 Market Street, Suite 200 Lemoyne, PA 17043 For the Defendant :rlm C Ft?; ; $V t. l e4 '21; Ad, 6? -- ?.J 0F T1 !"LPRO 1!'i C. .1 M`i7iY 'iy if ?AY _2 h A 1 4 i. ? 4 1L. • C lJ CUMBERLAND COUNT Y PENNSYLVANIA DANIEL R. STEFANOWICH, JR. : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNSYLVANIA V. 07-1330 CIVIL ACTION-LAW BRENDA L. STEFANOWICH, Defendant, ORDER OF COURT AND NOW, this .? 00' day of t r)i , 2012, after presentation and consideration of the attached Addendum to Marital Settlement Agreement, it is hereby ORDERED AND DECREED that said Addendum shall be incorporated into and made a part of the Marital Settlement Agreement dated March 17, 2011, and the hearing scheduled for February 2, 2012, on Plaintiff s Motion to Terminate Alimony shall be canceled.. BY THE COURT, e -!?9rv?m er5 8a ker C; `n ")- Aa h t ltq l?S c.oF;?? v?1.G.:1?d s?fa??a ;P?c Daniel R. Stefanowich, Jr. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVAN. VS. NO. 07-1330 CIVIL ACTION -LAW Brenda L. Stefanowich IN DIVORCE Defendant DOMESTIC RELATIONS ORDER 1. This Domestic Relations Order ("DRO") creates and recognizes the existence of the Alternate Payee's right to receive a portion of'the benefits payable with respect to the Particil It is intended to constitute a Qualifying Court Order under the Uniformed Services Former Spouse's Protection Act, 10 U.S.C. Section 1408 and following. This Order amends and supersedes the Order entered by the Court on~. This Order provides an exact percentage of disposable retired pay awarded to the Alternate Payee, in a formula intended tc satisfy the requirements of Defense Finance Accounting Service ("DFAS"). 2. This DRO is entered pursuant to authority granted under the applicable domestic relations laws of the State of Pennsylvania. t. 3. This DRO applies to the Military Retirement System ("Plan") and any successor thereto. Daniel R. Stefanowich, Jr. ("Participant") is a Participant in the Plan. Brenda L. Stefanowich ("Alternate Payee"), the former spouse, is the Alternate Payee for the purpose o this DRO. 4. The Participant's name, mailing address, Social Security number and date of birth) are: Daniel R. Stefanowich, Jr. 751 Manada Bottom Road Harrisburg, PA 17112 Social Security No.: See Addendum Date of Birth: See Addendum 5. The Alternate Payee's name, mailing address, Social Security number and date of are: Brenda L. Stefanowich 4183 Grouse Court, Apt. 106 Mechanicsburg, PA 17050 Social Security No.: See Addendum Date of Birth: See Addendum 6. The Participant assigns to the Alternate Payee an interest in the Participant's disposable military retired pay. The Alternate Payee is entitled to a direct payment in the amount specified below and shall receive payments at the same time as the Participant. DRO Page 2 7. This Order assigns to the Alternate payee an amount equal to 34.19% of the Participant's disposable military retired pay under the Plan. The Alternate Payee shall also receive 34.19% of any post-retirement cost-of-living adjustments made to the Participant's benefits. 8. Payments to the Alternate Payee shall commence as soon as administratively following the date this Order is approved by the appropriate Military Pay Center. 9. Payments shall continue to the Alternate Payee for the remainder of the Participa is lifetime. If the Alternate Payee dies before the Participant, the Alternate Payee's share of th Participant's disposable military retired pay shall revert to the Participant. 10. The Participant agrees to elect to make the Alternate Payee (and such Alternate Payee shall be deemed) the irrevocable beneficiary under the Survivor Benefit Plan ("SBP"), to the extent survivor benefits were previously elected under the Survivor Benefit Plan. The Partic pant shall make the necessary election in a timely manner to convert the SBP to Former Spouse coverage and shall execute such paperwork as is required. 11. The Participant's rights under the Soldiers' and Sailors' Civil Relief Act of 1940 (5( U.S.C. §521) were observed by the Court as evidenced by his affirmative signature on the div decree and/or separation agreement. This court has the authority to divide the Participant's military retired pay under the USFSPA's C-4 jurisdictional requirement since the Participan consents to the jurisdiction of this court. 12. The Participant and the Alternate Payee acknowledge that they were married for period of more than ten years during which time the Participant performed more than ten ye rs of creditable military service. Attached is a copy of the Marriage Certificate and Divorce Decre . 13. The Alternate Payee agrees that any future overpayments to her are recoverable subject to involuntary collection from her or her estate. 14. The Alternate Payee agrees to notify DFAS about any changes in the Domestic Relations Order or the order affecting these provisions of it, or in the eligibility of any reci receiving benefits pursuant to it. 15. The Participant agrees to cooperate with the Alternate Payee to prepare an applic for direct payment to the Alternate Payee from the Participant's retired or retainer pay purs to 10 U.S.C. Section 1408. The Participant agrees to execute all documents that the United Army may require to certify that the disposable military retired pay can be provided to the Alternate Payee. 16. The Participant agrees not to merge the Participant's disposable military retired ;. with any other pension and not to pursue any course of action that would defeat the Alterna Payee's right to receive a portion of the disposable military retired pay of the Participant. T Participant agrees not to take any action by merger of the military retirement pension so as cause a limitation in the amount of the total retired pay in which the Participant has a vestE interest and, therefore, the Participant will not cause a limitation of the Alternate Payee's monthly payments as set forth above. The Participant agrees to indemnify the Alternate Pa for any breach of this Paragraph 16 as follows: If the Participant becomes employed or other DRO Page 3 has his military pension merged, which employment or other condition causes a merger of th~ Participant's disposable military retired pay, the Participant will pay to the Alternate Payee directly the monthly amount provided in Paragraph 7 under the same terms and conditions a if those payments were made pursuant to the terms of this Order, until such time as this Dom tic Relations Order may be amended to preserve the Alternate Payee's intended award. 17. If, in any month, direct payment is not made to the Alternate Payee by DFAS (or t e appropriate military pay center) pursuant to the terms of this Order, Participant shall pay t amounts called-for above directly to Alternate Payee by the fifth day of each month in which he military pay center fails to do so, beginning on the date that Alternate Payee would have otherwise been entitled to commence her payments, until such time as this Domestic Relatio s Order may be amended to preserve the Alternate Payee's intended award. This includes any amounts received by the Participant in lieu of disposable retired pay, including but not limit to, any amounts waived by Participant in order to receive Veterans Administration (i.e., disabili y) benefits or any amounts received by Participant as a result of an early-out provision, such as SI or SSB benefits. In the event DFAS withholds payment to the Alternate Payee and does not transfer said payments to the Participant or on Participant's behalf, then the Participant ha no obligation to repay the Alternate Payee for funds which he did not receive. 18. If the Participant takes any action that prevents, decreases, or limits the collectio by the Alternate Payee of the sums to be paid hereunder, he shall make payments to the Altern to Payee directly in the amount sufficient to neutralize, as to the Alternate Payee, the effects of the actions taken by the Participant. 19. The Participant hereby waives any privacy or other rights as may be required for e Alternate Payee to obtain information relating to the Participant's date and time of retireme t, last unit assignment, final rank, grade and pay, present or past retired pay, or other informa is as may be required to enforce the award made herein, or required to revise this Order so as t make it enforceable. 20. The Alternate Payee shall be liable for any federal, state or local income taxes associated with her assigned share of the disposable military retired pay. 21. The parties acknowledge that the following items must be sent by the Alternate l to DFAS-HGA/CL, Garnishment Operations, P.O. Box 998002, Cleveland, OH 44199-8002 ; DFAS, U.S. Military Retirement Pay, P.O. Box 7130, London, KY 40742-7130. The Partici~ agrees to provide any of this information to the Alternate Payee at the Alternate Payee's rei and to make all necessary efforts to obtain any of this information that the Alternate Payee unable to obtain. a. A certified copy of the Divorce Decree. b. A certified copy of this Domestic Relations Order. c. A copy of the Marriage Certificate of Mr. and Mrs. Stefanowich. d. An executed copy of DD Form 2656-1. An executed copy of DD Form 2293. JUN-14-2012 TH'J 1049 Ah CONRAD SIEGE]_ ACTUARIES ~A:x: `C, 7" 15~~2".C~ ?, ~2 DRC Page 4 23. The Court sl~,all retain jurisdiction to enter such further orders as are necessa~ to enforce the award to the Alternate Ps~'ee of the mi.l.itary retirement benefits awarded her in. EXECUTED this j 3 ~ dad of ~ w.'' z a iz BY TIDE COURT Budge CONSENT TO ORDER: ~' ____.____~-.~,~ II s ~z PlsintifflParticip` t Date Defendarit/Alternate Pay Date ~~~/.~ orn far Plaintiffl Date o e Defend t/ ate Participant Al .rn Pavaa ~C~C~~~uco(~ . > r-..~ ~. =.,~' '* , ~ i" /a `n ~ ~ c:~: .. ~,,, n ~~ I ~r,,,`Y ~.,~ ~ ~ a 3 r`~~. ~ ' F, _ ~;., C:- N I'~i INCOME WITHHOLDING FOR SUPPORT 7I - 1 1 bq45Q� 0 ORIGINAL INCOME WITHHOLDING ORDERINOTICE FOR SUPPORT(IWO) jr 0 AMENDED IWO - 13�C) 0 ONE-TIMEORDERINOTICE FOR LUMP SUM PAYMENT 0 TERMINATION OF IWO Date: 05/01/13 ❑ Child Support Enforcement(CSE)Agency 0 Court ❑ Attorney ❑ Private Individual/Entity(Check One) NOTE-This IWO must be regular on its face.Under certain circumstances you must reject this IWO and return it to the sender(see IWO instructions hftp://www,gcf,hhs.ciov/programs/`ese/newhire/­`employer/publication/publication.htm-forms). If you receive this document from someone other than a State or Tribal CSE agency or a Court,a copy of the underlying order must be attached. State/Tribe/Territory Commonwealth of Pennsylvania Remittance Identifier(include w/payment): $544100094 City/County/Dist./Tribe CUMBERLAND Order Identifier: (See Addendum for order/docket informaiton) Private Individual/Entity CSE Agency Case Identifier: (See Addendum for case summary) RE: STEFANOWICH, DANIEL R.JR DEPT OF DEFENSE CIVILIANS Employee/Obligors Name(Last,First,Middle) 206-48-6919 Sent Electronically Employee/Obligor's Social Security Number (See Addendum for plaintiff names DO NOT MAIL associated with cases on attachment) Custodial Party/Obligee's Name(Last,First, Middle) Employer/Income Withholder's FEIN 311575142 NOTE:This IWO must be regular on its face. Under certain circumstances you must reject Child(ren)'s Name(s)(Last,First,Middle) Child(ren)'s Birth Date(s) this IWO and return it to the sender(see IWO instructions htti):Uwww.acf.hhs.gov/proarams/cse/newhire/ employer/publiotion/publication.htm-forms.If you receive this document from someone other than a State or Tribal CSE agency or a Court,a copy of the underlying order must be attached. 3115751420 See Addendum for dependent names and birth dates associated with cases on attachment ORDER INFORMATION: This document is based on the support or withholding order from CUMBERLAND County, Commonwealth of Pennsylvania (State/Tribe). You are required by law to deduct these amounts froraft-o"l-le ftplc Vie/ obligor's income until further notice. -0: M $ 0.00 per month in current child support -C -;t n6< -or'r i $ 0.00 per month in past-due child support- Arrears 12 weeks or greater? 0 yez; $ 0.00 per month in current cash medical support C:) $ 0.00 per month in past-due cash medical support *> C� $ 2,200.00 per month in current spousal support C:> $ 0.00 per month in past-due spousal support 0,00 per month in other(must specify) c. cn for a Total Amount to Withhold of$ 2,200.00 per month. AMOUNTS TO WITHHOLD: You do not have to vary your pay cycle to be in compliance with the Order Information. If your pay cycle does not match the ordered payment cycle, withhold one of the following amount: $ 506.30 per weekly pay period. $ 1,100.00 per semimonthly pay period(twice a month) $ 1,012 per biweekly pay period (every two weeks) $ 2,200.00 per monthly pay period. $ Lump Sum Payment: Do not stop any existing IWO unless you receive a termination order. REMITTANCE INFORMATION: If the employee/obligor's principal place of employment is within the Commonwealth of Pennsylvania"(State/Tribe), you must begin withholding no later than the first pay period that occurs ten (10) working days after the date of this Order/Notice. Send payment within seven (7)working days of the pay date. If you cannot withhold the full amount of support for any or all orders for this employee/obligor,withhold up to 55%of disposable income for all orders. If the employee/obligor's principal place of employment is not within the Commonwealth of Pennsylvania (State/Tribe), the employer can obtain withholding limitations, time requirements, and any allowable employer fees at http://www.acf.hhs.gov/proarams/cse/newhire/employer/contacts/contact map. htm for the employee/obligor's principal place of employment. Document Tracking Identifier OMB No.;0970-0154 Form EN-428 06/12 Service Type M Worker ID$IATT Return to Sender[Completed by Employer/Income Withholder]. Payment must be directed to an SDU irs/ n accordance with 42 USC §666(b)(5)and (b)(6)or Tribal Payee(see Payments to SDU below). If payment is not directed to an SDU/Tribal Payee or this IWO is not regular on its face, you must check this box and return the IWO to the sender. Signature of Judge/Issuing Official (if required by State or Tribal law): KEVIN A HESS Print Name of Judge/Issuing Official: Title of Judge/Issuing Official: Date of Signature: MAY 1 2013 If the employee/obligor works in a State or for a Tribe that is different from the State or Tribe that issued this order, a copy of this IWO must be provided to the employee/obligor. F! If checked,the employer/income withholder must provide a copy of this form to the employee/obligor. ADDITIONAL INFORMATION FOR EMPLOYERS/INCOME WITHHOLDERS Pennsylvania law(23 PA C.S.§4374(b))requires remittance by an electronic payment method if an employer is ordered to withhold income from more than one employee and employs 15 or more persons,or if an employer has a history of two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections and Disbursement Unit(PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PA CSES MEMBER ID(shown above as the Employee/Obligor's Case Identifier)OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. State-specific contact and withholding information can be found on the Federal Employer Services website located at: Ihtp•//www acf hhs.gov/programs/ese/newhire/employer/contacts/contact_map htm Priority: Withholding for support has priority over any other legal process under State law against the same income(USC 42 §666(b)(7)). If a Federal tax levy is in effect, please notify the sender. Combining Payments: When remitting payments to an SDU or Tribal CSE agency, you may combine withheld amounts from more than one employee/obligor's income in a single payment.You must, however, separately identify each employee/ obligor's portion of.the payment. Payments To SDU: You must send child support payments payable by income withholding to the appropriate SDU or to a Tribal CSE agency. If this IWO instructs you to send a payment to an entity other than an SDU(e.g., payable to the custodial party, court, or attorney),you must check the box above and return this notice to the sender. Exception: If this IWO was sent by a Court,Attorney,'or Private Individual/Entity and the initial order was entered before January 1, 1994 or the order was issued by a Tribal CSE agency, you must follow the"Remit payment to" instructions on this form. Reporting the.Pay Date: You must report the pay date when sending the payment.The pay date is the date on which the amount was withheld from the employee/obligor's wages.You must comply with the law of the State(or Tribal law if applicable)of the employee/obligor's principal place of employment regarding time periods within which you must implement the withholding and forward the support payments. Multiple IWOs: If there is more than one IWO against this employee/obligor and you are unable to fully honor all IWOS due to Federal, State, or Tribal withholding limits,you must honor all IWOs to the greatest extent possible, giving priority to current support before payment of any past-due support. Follow the State or Tribal law/procedure of the employee/obligor's principal place of employment to determine the appropriate allocation method. Lump Sum Payments: You may be required to notify a State or Tribal CSE agency of upcoming lump sum payments to this employee/obligor such as bonuses, commissions,or severance pay. Contact the sender to determine if you are required to report and/or withhold lump sum payments. Liability: If you have any doubts about the validity of this IWO, contact-the sender. If you fail to withhold income from the employee/obligor's income as the IWO directs, you are liable for both the accumulated amount you should have withheld and any penalties set by State or Tribal law/procedure. Anti-discrimination: You are subject to a fine determined under State or Tribal law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against an employee/obligor because of this IWO. OMB Expiration Date—05/31/2014.The OMB Expiration Date has no bearing on the termination date of the IWO;it identifies the version of the form currently in use. Form EN-428 06/12 Service Type M Page 2 of 3 Worker ID $IATT Employers Name: DEPT OF DEFENSE CIVILIANS Employer FEIN: 311575142 Employee/Obligor's Name: STEFANOWICH, DANIEL R.JR 8544100094 CSE Agency Case Identifier:(See Addendum for case summary) Order Identifier:(—See Addendum for order/docket`information Withholding Limits:You may not withhold more than the lesser of: 1)the amounts allowed by the Federal Consumer Credit Protection Act(CCPA)(15 U.S.C. 1673(b));or 2)the amounts allowed by the State or Tribe of the employee/obligor's principal place of employment(see REMITTANCE INFORMATION). Disposable income is the net income left after making mandatory deductions such as:State, Federal, local taxes;Social Security taxes; statutory pension contributions; and Medicare taxes.The Federal limit is 50%of the disposable income if the obligor is supporting another family and 60%of the disposable income if the obligor is not supporting another family. However,those limits increase 5%-to 55%and 65%-if the arrears are greater than 12 weeks. If permitted by the State or Tribe,you may deduct a fee for administrative costs.The combined support amount and fee may not exceed the limit indicated in this section. For Tribal orders,you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers/income withholders who receive a State IWO,you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer/income withholder is located or the maximum amount permitted under section 303(d)of the CCPA(15 U.S.C. 1673(b)). Depending upon applicable State or Tribal law,you may need to also consider the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. Arrears greater than 12 weeks?If the Order Information does not indicate that the arrears are greater than 12 weeks,then the Employer should calculate the CCPA limit using the lower percentage. Additional Information: NOTIFICATION OF EMPLOYMENT TERMINATION OR INCOME STATUS: If this employee/obligor never worked for you or you are no longer withholding income for this employee/obligor,an employer must promptly notify the CSE agency and/or the sender by returning this form to the address listed in the Contact Information below: 3115751420 0 This person has never worked for this employer nor received periodic income. 0 This person no longer works for this employer nor receives periodic income. Please provide the following information for the employee/obligor: Termination date: Last known phone number: Last known address: Final Payment Date To SDU/Tribal Payee: Final Payment Amount: New Employees Name: New Employees Address: I CONTACT INFORMATION: To Employer/Income Withholder: If you have any questions, contact WAGE ATTACHMENT UNIT(Issuer name) by phone at(717)240-6225, by fax at(717)240-6248, by email or website at:www.chiIdsupport.sWte.pa.ua. Send termination/income status notice and other correspondence to:DOMESTIC RELATIONS SECTION, 13 N. HANOVER$T, P.O. BOX 320, CARLISLE, PA. 17013(Issuer address), To Emplftee/Obligor: If the employee/obligor has questions, contact WAGE ATTACHMENT UNIT(Issuer name) by phone at(717)240-6225, by fax at(717)240-6248, by email or website at www.childsupport.state.pama. IMPORTANT:The person completing this form is advised that the information may be shared with the employee/obligor. OMB No.:0970-0154 Form EN-428 06/12 Service Type M Page 3 of 3 Worker ID$IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: STEFANOWICH, DANIEL R. JR PACSES Case Number 741109452 PACSES Case Number Plaintiff Name Plaintiff Name BRENDA L.STEFANOWICH Docket Attachment Amount Docket Attachment Amount 07-1330 CIVIL $ 2,200.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB PACSES Case Number PACSES Case Number P.laintiff Name Plaintiff Name Docket Attachment Amount Docke Attachment Amount $ 0.00 $ 0.00 thild(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB PACSES Case Number PACSES Case Number Plaintiff Name Plaintiff Name Docket Attachment Amount Docket Attachment Amount $ 0.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB Addendum Form EN-42$06/12 Service Type M OMB No.:0970-0154 Worker ID $IATT 04 ar INCOME WITHHOLDING FOR SUPPORT '74,L I I b9+'-!;,- 0 ORIGINAL INCOME WITHHOLDING ORDERINOTICE FOR SUPPORT(IWO) 0 AMENDED IWO 0-7- ) 3 -3,0 bvil 0 ONE-TIMEORDER/NOTICE FOR LUMP SUM PAYMENT @ TERMINATION OF IWO Date: 05/02/13 171 Child Support Enforcement(CSE)Agency S Court ❑ Attorney ❑ Private Individual/Entity(Check One) NOTE:This IWO must be regular on its face. Under certain circumstances you must reject this IWO and return it to the sender(see IWO instructions http://www.acf.hhs.gov/proarams/cse/newhire/emi)loyer/publication/publiCation.htm-forms). If you receive this document from someone other than a State or Tribal CSE agency or a Court,a copy of the underlying order must be attached. Staterrribefferntory Commonwealth of Pennsylvania Remittance Identifier(include w/payment): 8544100094 City/County/Dist,[Tribe CUMBERLAND Order Identifier: (See Addendum for orderldocket informaiton) Private Individual/Entity CSE Agency Case Identifier: (See Addendum for case summary) RE: STEFANOWICH,DANIEL R.JR DEPT OF DEFENSE CIVILIANS Employee/Obligor's Name(Last,First,Middle) 206-48-6919 Sent Electronically Employee/Obligor's Social Security Number (See Addendum for plaintiff names DONOT MAIL associated with cases on attachment) Custodial Party/Obligee's Name(Last, First, Middle) Employer/Income Withholder's FEIN 311575142 NOTE:This IWO must be regular on its face, Under certain circumstances you must reject Child(ren)'s Name(s)(Last,First,Middle) Child(ren)'s Birth Date(s) this IWO and return it to the sender(see IWO instructions http://www.acf,hhs.ciov/programs/cse/newhire/ emr)loyer/publication/publication.htm-form4.If you receive this document from someone other than a State or Tribal CSE agency or a Court,a copy of the underlying order must be attached. 3115751420 See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION. This document is based on the support or withholding order from CUMBERLAND County, Commonwealth of Pennsylvania (State/Tribe). You are required by law to deduct these amounts from the employee/ obligor's income until further notice. $ 0.00 per month in current child support $ 0.06 per month.in past-due child support- Arrears 12 weeks or greater? 0- 0 $ 0.00 per month in current cash medical support rn 3� $ 0.00 per month in past-due cash medical support (/.)r— _01"n is $ 0.00 Per month.in current spousal support CA) CZ) $ 0.00 per month in past-due spousal support $ 0.00 per month in other(must specify) for a Total Amount to Withhold of$ 0.00 per month. > zr 4 AMOUNTS TO WITHHOLD: You do not have to vary your pay cycle to be in compliance with ther�Oraenr lnf!�`�'mation, If your pay cycle does not match the ordered payment cycle,withhold one of the following amount: $ 0.00 per weekly pay period. $ 0.00 per semimonthly pay period (twice a month) $ 0.00 per biweekly pay period(every two weeks) $ 0.00 per monthly pay period. $ Lump Sum Payment: Do not stop any existing IWO unless you receive a termination order. REMITTANCE INFORMATION. If the employee/obligor's principal place of employment is within the Commonwealth of Pennsylvania (State/Tribe), you must begin withholding no later than the first pay period that occurs ten (10) working days after the date of this Order/Notice. Send payment within seven (7)working days of the pay date. If you cannot withhold the full amount of support for any or all orders for this employee/obligor, withhold up to 55% of disposable income for all orders. If the employee/obligor's principal place of employment is not within the Commonwealth of Pennsylvania (State/Tribe), the employer can obtain withholding limitations, time requirements, and any allowable employer fees at http://www.acf.hhs.gov/procirams/cse/newhire/employer/contacts/contact map htm for the employee/obligor's principal place of employment. Document Tracking Identifier OMB No.:0970-0154 Form EN-428 06/12 Service Type M Worker ID$IATT ❑ Return to Sender [Completed by Employer/Income Withholder]. Payment must be directed to an SDU in accordance with 42 USC §666(b)(5)and (b)(6)or Tribal Payee(see Payments to SDU below). If payment is not directed to an SDU/Tribal Payee or this IWO is not regular on its face, you must check this box and return the IWO to the sender. Signature of Judge/Issuing Official (if required by State or Tribal law): KEVIN A HESS Print Name of Judge/Issuing Official: Title of Judge/Issuing Official: Date of Signature: MAY 2 2013 If the employee/obligor works in a State or for a Tribe that is different from the State or Tribe that issued this order, a copy of this IWO must be provided to the employee/obligor. ❑ If checked,the employer/income withholder must provide a copy of this form to the employee/obligor. ADDITIONAL INFORMATION FOR EMPLOYERS/INCOME WITHHOLDERS Pennsylvania law(23 PA C.S.§4374(b)) requires remittance by an electronic payment method if an employer is ordered to withhold income from more than one employee and employs 15 or more persons, or if an employer has a history of two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections and Disbursement Unit(PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID(shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. State-specific contact and withholding information can be found on the Federal Employer Services website located at: http://www.aef,hhs.ciov/programs/cse/newhire/employer/contacts/contact map.htm Priority: Withholding for support has priority over any other legal process under State law against the same income(USC 42 §666(b)(7)). If a Federal tax levy is in effect, please notify the sender. Combining Payments: When remitting payments to an SDU or Tribal CSE agency, you may combine withheld amounts from more than one employee/obligor's income in a single payment.You must, however, separately identify each employee/ obligor's portion of the payment. Payments To SDU: You must send child support payments payable by income withholding to the appropriate SDU or to a Tribal CSE agency. If this IWO instructs you to send a payment to an entity other than an SDU (e.g., payable to the custodial party, court, or attorney), you must check the box above and return this notice to the sender. Exception: If this IWO was sent by a Court,Attorney, or Private Individual/Entity and the initial order was entered before January 1, 1994 or the order was issued by a Tribal CSE agency, you must follow the"Remit payment to" instructions on this form. Reporting the Pay Date: You must report the pay date when sending the payment.The pay date is the date on which the amount was withheld from the employee/obligor's wages.You must comply with the law of the State(or Tribal law if applicable)of the employee/obligor's principal place of employment regarding time periods within which you must implement the withholding and forward the support payments. Multiple IWOs: If there is more than one IWO against this employee/obligor and you are unable to fully honor all IWOs due to Federal, State, or Tribal withholding limits, you must honor all IWOs to the greatest extent possible, giving priority to current support before payment of any past-due support. Follow the State or Tribal law/procedure of the employee/obligor's principal place of employment to determine the appropriate allocation method. Lump Sum Payments: You may be required to notify a State or Tribal CSE agency of upcoming lump sum payments to this employee/obligor such as bonuses, commissions, or severance pay. Contact the sender to determine if you are required to report and/or withhold lump sum payments. Liability: If you have any doubts about the validity of this IWO, contact the sender. If you fail to withhold income from the employee/obligor's income as the IWO directs, you are liable for both the accumulated amount you should have withheld and any penalties set by State or Tribal law/procedure. Anti-discrimination: You are subject to a fine determined under State or Tribal law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against an employee/obligor because of this IWO. OMB Expiration Dale—05/31/2014.The OMB Expiration Date has no bearing on the termination date of the IWO;it identifies the version of the form currently in use. Form EN-428 06/12 Service Type M Page 2 of 3 Worker ID $IATT Employer's Name: DEPT OF DEFENSE CIVILIANS Employer FEIN: 311575142 Employee/Obligor's Name: STEFANOWICH, DANIEL R.JR 8544100094 CSE Agency Case Identifier:(See Addendum for case summary Order Identifier:(See Addendum for orderidocket Information Withholding Limits:You may not withhold more than the lesser of: 1)the amounts allowed by the Federal Consumer Credit Protection Act(CCPA)(15 U.S.C. 1673(b));or 2)the amounts allowed by the State or Tribe of the employee/obligor's principal place of employment(see REMITTANCE INFORMATION). Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; statutory pension contributions; and Medicare taxes.The Federal limit is 50%of the disposable income if the obligor is supporting another family and 60%of the disposable income if the obligor is not supporting another family. However,those limits increase 5%-to 55%and 65%-if the arrears are greater than 12 weeks. If permitted by the State or Tribe,you may deduct a fee for administrative costs.The combined support amount and fee may not exceed the limit indicated in this section, For Tribal orders,you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers/income withholders who receive a State IWO,you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer/income withholder is located or the maximum amount permitted under section 303(d)of the CCPA(115 U.S.C. 1673(b)). Depending upon applicable State or Tribal law, you may need to also consider the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. Arrears greater than 12 weeks?If the Order Information does not indicate that the arrears are greater than 12 weeks,then the Employer should calculate the CCPA limit using the lower percentage. Additional Information: NOTIFICATION OF EMPLOYMENT TERMINATION OR INCOME STATUS: If this employee/obligor never worked for you or you are no longer withholding income for this employee/obligor,an employer must promptly notify the CSE agency and/or the sender by returning this form to the address listed in the Contact Information below: 3115751420 0 This person has never worked for this employer nor received periodic income. 0 This person no longer works for this employer nor receives periodic income. Please provide the following information for the employee/obligor: Termination date: Last known phone number: Last known address: Final Payment Date To SDLI/Tribal Payee: Final Payment Amount: New Employer's Name: New Employer's Address: I CONTACT INFORMATION: To Employer Income Withholder: If you have any questions, contact WAGE ATTACHMENT UNIT(Issuer name) by phone at(717)240-6225, by fax at(717)240-6248, by email or website at:www.childsupport.state.pa.us. Send termination/income status notice and other correspondence to: DOMESTIC RELATIONS SECTION, 13 N. HANOVER ST. P.O. BOX 320. CARLISLE, PA. 17013(Issuer address). To Employee/Obligor: If the employee/obligor has questions, contact WAGE ATTACHMENT UNIT(Issuer name) by phone at(717)240-6225, by fax at(717)240-6248, by email or website at www.chi Idsu pport.state.pa,us. IMPORTANT:The person completing this form is advised that the information may be shared with the employee/obligor. OMB No.:0970-0154 Form EN-428 06/12 Service Type M Page 3 of 3 Worker ID $IATT ti ADDENDUM Summary of Cases on Attachment Defendant/Obligor: STEFANOWICH, DANIEL R. JR PACSES Case Number 741109452 PACSES Case Number Plaintiff Name Plaintiff Name BkENDA L. STEFANOWICH Docke Attachment Amount Docket Attachment Amount 07-1330 CIVIL $ 0.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB PACSES Case Number PACSES Case Number Plaintiff Name Plaintiff Name Docket Attachment Amount Docke Attachment Amount $ 0.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB PACSES Case Number PACSES Case Number Plaintiff Name Plaintiff Name Docket Attachment Amount Docket Attachment Amount $ 0.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB Addendum Form EN-428 06/12 Service Type M OMB No.:0970-0154 Worker ID $IATT • INCOME WITHHOLDING FOR SUPPORT —14-1 I Dc14S ® ORIGINAL INCOME WITHHOLDING ORDER/NOTICE FOR SUPPORT(IWO) Q AMENDED IWO Q ONE-TIMEORDER/NOTICE FOR LUMP SUM PAYMENT Q TERMINATION OF IWO Date: 12/02/13 ❑ Child Support Enforcement(CSE)Agency ® Court ❑ Attorney ❑ Private Individual/Entity(Check One) NOTE:This IWO must be regular on its face. Under certain circumstances you must reject this IWO and return it to the sender(see IWO instructions httD://www.acf.hhs.gov/programs/cse/forms/OMB-0970-0154_instructions.pdf). If you receive this document from someone other than a State or Tribal CSE agency or a Court, a copy of the underlying order must be attached. State/Tribe/Territory Commonwealth of Pennsylvania Remittance Identifier(include w/payment): 8544100094 City/County/Dist./Tribe CUMBERLAND Order Identifier: (See Addendum for order/docket information) Private Individual/Entity CSE Agency Case Identifier: (See Addendum for case summary) RE: STEFANOWICH, DANIEL R.JR DEPT OF DEFENSE CIVILIANS Employee/Obligor's Name(Last, First,Middle) 206-48-6919 Sent Electronically Employee/Obligor's Social Security Number DO NOT MAIL (See Addendum for plaintiff names associated with cases on attachment) Custodial Party/Obligee's Name(Last, First, Middle) Employer/Income Withholder's FEIN 311575142 NOTE:This IWO must be regular on its face. Under certain circumstances you must reject Child(ren)'s Name(s)(Last,First,Middle) Child(ren)'s Birth Date(s) this IWO and return it to the sender(see IWO instructions htto://www.acf.hhs.gov/programs/cse/forms/ OMB-0970-0154 instructions.pdt).If you receive this document from someone other than a State or Tribal CSE agency or a Court,a copy of the underlying order must be attached. 3115751420 See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This document is based on the support or withholding order from CUMBERLAND County, Commonwealth of Pennsylvania (State/Tribe). You are required by law to deduct these amounts from the employee/ obligor's income until further notice. $ 0.00 per month,in current child support $ 0.00 per month in past-due child support- Arrears 12 weeks or greater? 0 yes O no $ 0.00 per month in current cash medical support $ 0.00 per month in past-due cash medical support - = w $ 2,200.00 per month in current spousal support $ 0.00 per month in past-due spousal support c-'; . cn t :. $ 0.00 per month in other(must specify) I-‹> c,• c ;' for a Total Amount to Withhold of$ 2,200.00 P er month. ; AMOUNTS TO WITHHOLD: You do not have to vary your pay cycle to be in compliance with the—Mierdeor!eV eon. If your pay cycle does not match the ordered payment cycle, withhold one of the following amount: , $ 506.30 per weekly pay period. $ 1,100.00 per semimonthly pay period (twice a'month) $ 1,012.60 per biweekly pay period (every two weeks) $ 2,200.00 per monthly pay period. $ Lump Sum Payment: Do not stop any existing IWO unless you receive a termination order. REMITTANCE INFORMATION: If the employee/obligor's principal place of employment is within the Commonwealth of Pennsylvania (State/Tribe), you must begin withholding no later than the first pay period that occurs ten (10) working days after the date of this Order/Notice. Send payment within seven (7)working days of the pay date. If you cannot withhold the full amount of support for any or all orders for this employee/obligor,withhold up to 55% of disposable income for all orders. If the employee/obligor's principal place of employment is not within the Commonwealth of Pennsylvania (State/Tribe), the employer can obtain withholding limitations, time requirements, and any allowable employer fees at http://www.acf.hhs.gov/programs/cse/newhire/employer/contacts/contact_map. htm for the employee/obligor's principal place of employment. Document Tracking Identifier OMB No.:0970-0154 Form EN-428 11/13 Service Type M Worker ID $IATT ❑ Return to Sender[Completed by Employer/Income Withholder]. Payment must be directed to an SDU in • accordance with 42 USC§666(b)(5)and (b)(6)or Tribal Payee(see Payments to SDU below). If payment is not directed to an SDU/Tribal Payee or this IWO is not regular on its face, you must check this box and return the IWO to the sender. Signature of Judge/Issuing Official (if required by State or Tribal law): KEVIN A HESS Print Name of Judge/Issuing Official: Title of Judge/Issuing Official: Date of Signature: DECEMBER 2,2013 If the employee/obligor works in a State or for a Tribe that is different from the State or Tribe that issued this order,a copy of this IWO must be provided to the employee/obligor. ❑ If checked,the employer/income withholder must provide a copy of this form to the employee/obligor. ADDITIONAL INFORMATION FOR EMPLOYERS/INCOME WITHHOLDERS Pennsylvania law(23 PA C.S.§4374(b))requires remittance by an electronic payment method if an employer is ordered to withhold income from more than one employee and employs 15 or more persons, or if an employer has a history of two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections and Disbursement Unit(PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANTS NAME AND THE PACSES MEMBER ID(shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. State-specific contact and withholding information can be found on the Federal Employer Services website located at: http://www.acf.hhs.gov/programs/cse/newhire/employerr/contacts/contact_map.htm Priority: Withholding for support has priority over any other legal process under State law against the same income(USC 42 §666(b)(7)). If a Federal tax levy is in effect, please notify the sender. Combining Payments: When remitting payments to an SDU or Tribal CSE agency, you may combine withheld amounts from more than one employee/obligor's income in a single payment. You must, however, separately identify each employee/ obligor's portion of the payment. Payments To SDU: You must send child support payments payable by income withholding to the appropriate SDU or to a Tribal CSE agency. If this IWO instructs you to send a payment to an entity other than an SDU (e.g., payable to the custodial party, court, or attorney), you must check the box above and return this notice to the sender. Exception: If this IWO was sent by a Court, Attorney, or Private Individual/Entity and the initial order was entered before January 1, 1994 or the order was issued by a Tribal CSE agency, you must follow the"Remit payment to"instructions on this form. Reporting the Pay Date: You must report the pay date when sending the payment. The pay date is the date on which the amount was withheld from the employee/obligor's wages. You must comply with the law of the State(or Tribal law if applicable)of the employee/obligor's principal place of employment regarding time periods within which you must implement the withholding and forward the support payments. Multiple IWOs: If there is more than one IWO against this employee/obligor and you are unable to fully honor all IWOs due to Federal, State, or Tribal withholding limits, you must honor all IWOs to the greatest extent possible, giving priority to current support before payment of any past-due support. Follow the State or Tribal law/procedure of the employee/obligor's principal place of employment to determine the appropriate allocation method. Lump Sum Payments: You may be required to notify a State or Tribal CSE agency of upcoming lump sum payments to this employee/obligor such as bonuses, commissions, or severance pay. Contact the sender to determine if you are required to report and/or withhold lump sum payments. Liability: If you have any doubts about the validity of this IWO, contact the sender. If you fail to withhold income from the employee/obligor's income as the IWO directs, you are liable for both the accumulated amount you should have withheld and any penalties set by State or Tribal law/procedure. Anti-discrimination: You are subject to a fine determined under State or Tribal law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against an employee/obligor because of this IWO. OMB Expiration Date—05/31/2014.The OMB Expiration Date has no bearing on the termination date of the IWO;it identifies the version of the form currently in use. Form EN-428 11/13 Service Type M Page 2 of 3 Worker ID $IATT Employer's Name: DEPT OF DEFENSE CIVILIANS Employer FEIN: 311575142 Employee/Obligor's Name: STEFANOWICH, DANIEL R.JR 8544100094 CSE Agency Case Identifier:(See Addendum for case summary) Order Identifier:(See Addendum for order/docket information) Withholding Limits:You may not withhold more than the lesser of: 1)the amounts allowed by the Federal Consumer Credit Protection Act(CCPA)(15 U.S.C. 1673(b)); or 2)the amounts allowed by the State or Tribe of the employee/obligor's principal place of employment(see REMITTANCE INFORMATION). Disposable income is the net income left after making mandatory deductions such as:State, Federal, local taxes;Social Security taxes;statutory pension contributions;and Medicare taxes.The Federal limit is 50%of the disposable income if the obligor is supporting another family and 60%of the disposable income if the obligor is not supporting another family. However,those limits increase 5%-to 55%and 65%-if the arrears are greater than 12 weeks. If permitted by the State or Tribe,you may deduct a fee for administrative costs.The combined support amount and fee may not exceed the limit indicated in this section. For Tribal orders,you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers/income withholders who receive a State IWO,you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer/income withholder is located or the maximum amount permitted under section 303(d)of the CCPA(15 U.S.C. 1673(b)). Depending upon applicable State or Tribal law,you may need to also consider the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. Arrears greater than 12 weeks?If the Order Information does not indicate that the arrears are greater than 12 weeks,then the Employer should calculate the CCPA limit using the lower percentage. Additional Information: NOTIFICATION OF EMPLOYMENT TERMINATION OR INCOME STATUS: If this employee/obligor never worked for you or you are no longer withholding income for this employee/obligor,an employer must promptly notify the CSE agency and/or the sender by returning this form to the address listed in the Contact Information below: 3115751420 Q This person has never worked for this employer nor received periodic income. Q This person no longer works for this employer nor receives periodic income. Please provide the following information for the employee/obligor: Termination date: Last known phone number: Last known address: Final Payment Date To SDU/Tribal Payee: Final Payment Amount: New Employer's Name: New Employer's Address: CONTACT INFORMATION: To Employer/Income Withholder: If you have any questions, contact WAGE ATTACHMENT UNIT(Issuer name) by phone at(717)240-6225, by fax at(717)240-6248, by email or website at:www.childsupport.state.pa.us. Send termination/income status notice and other correspondence to: DOMESTIC RELATIONS SECTION, 13 N. HANOVER ST. P.O. BOX 320. CARLISLE. PA. 17013(Issuer address). To Employee/Obligor: If the employee/obligor has questions, contact WAGE ATTACHMENT UNIT (Issuer name) by phone at(717)240-6225, by fax at(717)240-6248, by email or website at www.childsupport.state.pa.us. IMPORTANT:The person completing this form is advised that the information may be shared with the employee/obligor. OMB No.:0970-0154 Form EN-428 11/13 Service Type M Page 3 of 3 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: STEFANOWICH, DANIEL R. JR PACSES Case Number 741109452 PACSES Case Number Plaintiff Name Plaintiff Name BRENDA L. STEFANOWICH Docket Attachment Amount Docket Attachment Amount 07-1330 CIVIL $ 2,200.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB PACSES Case Number PACSES Case Number Plaintiff Name Plaintiff Name Docket Attachment Amount Docket Attachment Amount $ 0.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB PACSES Case Number PACSES Case Number Plaintiff Name Plaintiff Name Docket Attachment Amount Docket Attachment Amount $ 0.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB Addendum Form EN-428 11/13 Service Type M OMBNo.:0970-0154 Worker ID $IATT INCOME WITHHOLDING FOR SUPPORT -14- I \ D R 4 62 ® ORIGINAL INCOME WITHHOLDING ORDER/NOTICE FOR SUPPORT(IWO) Q AMENDED IWO Q ONE-TIMEORDER/NOTICE FOR LUMP SUM PAYMENT Q TERMINATION OF IWO Date: 12102/13 ❑ Child Support Enforcement(CSE)Agency ® Court ❑ Attorney ❑ Private Individual/Entity(Check One) NOTE:This IWO must be regular on its face. Under certain circumstances you must reject this IWO and return it to the sender(see IWO instructions http://www.acf.hhs.gov/programs/cse/forms/OMB-0970-0154instructions.Ddf). If you receive this document from someone other than a State or Tribal CSE agency or a Court,a copy of the underlying order must be attached. State/Tribe/Territory Commonwealth of Pennsylvania Remittance Identifier(include w/payment): 8544100094 City/County/Dist./Tribe CUMBERLAND Order Identifier: (See Addendum for order/docket Information) Private Individual/Entity CSE Agency Case Identifier: (See Addendum for case summary) RE: STEFANOWICH, DANIEL R.JR DFAS RETIRED MILITARY Employee/Obligor's Name(Last,First,Middle) 206-48-6919 Sent Electronically Employee/Obligor's Social Security Number D O NOT MAIL (See Addendum for plaintiff names associated with cases on attachment) Custodial Party/Obligee's Name(Last, First, Middle) Employer/Income Withholder's FEIN 340727612 NOTE:This IWO must be regular on its face. Under certain circumstances you must reject Child(ren)'s Name(s)(Last,First,Middle) Child(ren)'s Birth Date(s) this IWO and return it to the sender(see IWO instructions htto://www.acf.hhs.gov/orograms/cse/forms/ OMB-0970-0154 instructions.odt).If you receive this document from someone other than a State or Tribal CSE agency or a Court,a copy of the underlying order must be attached. 3407276120 See Addendum for dependent names and birth dates associated with cases on attachment. mow, ORDER INFORMATION: This document is based on the support or withholding order from CUMBEANLOCounty, Commonwealth of Pennsylvania (State/Tribe). You are required by law to deduct these amounts ff g'heRpkiiieel obligor's income until further notice. $ 0.00 per month in current child support mo> $ 0.00 per month in past-due child support- Arrears 12 weeks or greater? 0 yes~040 r $ 0.00 per month in current cash medical support er _ $ 0.00 per month in past-due cash medical support $ 2,200.00 per month in current spousal support $ 0.00 per month in past-due spousal support $ 0.00 per month in other(must specify) for a Total Amount to Withhold of$ 2,200.00 per month. AMOUNTS TO WITHHOLD: You do not have to vary your pay cycle to be in compliance with the Order Information. If your pay cycle does not match the ordered payment cycle, withhold one of the following amount: $ 506.30 per weekly pay period. $ 1,100.00 per semimonthly pay period(twice a month) $ 1,012.60 per biweekly pay period (every two weeks) $ 2,200.00 per monthly pay period. $ Lump Sum Payment: Do not stop any existing IWO unless you receive a termination order. REMITTANCE INFORMATION: If the employee/obligor's principal place of employment is within the Commonwealth of Pennsylvania (State/Tribe), you must begin withholding no later than the first pay period that occurs ten (10) working days after the date of this Order/Notice. Send payment within seven(7)working days of the pay date. If you cannot withhold the full amount of support for any or all orders for this employee/obligor, withhold up to 55%of disposable income for all orders. If the employee/obligor's principal place of employment is not within the Commonwealth of Pennsylvania (State/Tribe), the employer can obtain withholding limitations, time requirements, and any allowable employer fees at http://www.acf.hhs.gov/programs/cse/newhire/employer/contacts/contact_map. htm for the employee/obligor's principal place of employment. Document Tracking Identifier OMB No.:0970-0154 Form EN-428 11/13 Service Type M Worker ID $IATT ❑ Return to Sender[Completed by Employer/Income Withholder]. Payment must be directed to an SDU in accordance with 42 USC§666(b)(5) and (b)(6)or Tribal Payee(see Payments to SDU below). If payment is not directed to an SDU/Tribal Payee or this IWO is not regular on its face, you must check this box and return the IWO to the sender. Signature of Judge/Issuing Official (if required by State or Tribal law): KEVIN A HESS Print Name of Judge/Issuing Official: Title of Judge/Issuing Official: Date of Signature: DECEMBER 2,2013 If the employee/obligor works in a State or for a Tribe that is different from the State or Tribe that issued this order, a copy of this IWO must be provided to the employee/obligor. ❑ If checked,the employer/income withholder must provide a copy of this form to the employee/obligor. ADDITIONAL INFORMATION FOR EMPLOYERS/INCOME WITHHOLDERS Pennsylvania law(23 PA C.S. §4374(b))requires remittance by an electronic payment method if an employer is ordered to withhold income from more than one employee and employs 15 or more persons, or if an employer has a history of two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections and Disbursement Unit(PA SCDU)Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID(shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. State-specific contact and withholding information can be found on the Federal Employer Services website located at: http://www.acf,hhs,gov/programs/cse/newhire/employer/contacts/contact map.htm Priority: Withholding for support has priority over any other legal process under State law against the same income(USC 42 §666(b)(7)). If a Federal tax levy is in effect, please notify the sender. Combining Payments: When remitting payments to an SDU or Tribal CSE agency,you may combine withheld amounts from more than one employee/obligor's income in a single payment. You must, however, separately identify each employee/ obligor's portion of the payment. Payments To SDU: You must send child support payments payable by income withholding to the appropriate SDU or to a Tribal CSE agency. If this IWO instructs you to send a payment to an entity other than an SDU (e.g., payable to the custodial party, court, or attorney),you must check the box above and return this notice to the sender. Exception: If this IWO was sent by a Court,Attorney, or Private Individual/Entity and the initial order was entered before January 1, 1994 or the order was issued by a Tribal CSE agency, you must follow the "Remit payment to"instructions on this form. Reporting the Pay Date: You must report the pay date when sending the payment.The pay date is the date on which the amount was withheld from the employee/obligor's wages. You must comply with the law of the State(or Tribal law if applicable)of the employee/obligor's principal place of employment regarding time periods within which you must implement the withholding and forward the support payments. Multiple IWOs: If there is more than one IWO against this employee/obligor and you are unable to fully honor all IWOs due to Federal, State, or Tribal withholding limits, you must honor all IWOs to the greatest extent possible, giving priority to current support before payment of any past-due support. Follow the State or Tribal law/procedure of the employee/obligor's principal place of employment to determine the appropriate allocation method. Lump Sum Payments: You may be required to notify a State or Tribal CSE agency of upcoming lump sum payments to this employee/obligor such as bonuses, commissions, or severance pay. Contact the sender to determine if you are required to report and/or withhold lump sum payments. Liability: If you have any doubts about the validity of this IWO, contact the sender. If you fail to withhold income from the employee/obligor's income as the IWO directs, you are liable for both the accumulated amount you should have withheld and any penalties set by State or Tribal law/procedure. Anti-discrimination: You are subject to a fine determined under State or Tribal law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against an employee/obligor because of this IWO. OMB Expiration Date—05/31/2014.The OMB Expiration Date has no bearing on the termination date of the IWO;it identifies the version of the form currently in use. Form EN-428 11/13 Service Type M Page 2 of 3 Worker ID$IATT . ._ . Employer's Name: DFAS RETIRED MILITARY Employer FEIN: 340727612 Employee/Obligor's Name: STEFANOWICH, DANIEL R.JR 8544100094 CSE Agency Case Identifier:(See Addendum for case summary) Order Identifier:(See Addendum for order/docket information) Withholding Limits:You may not withhold more than the lesser of: 1)the amounts allowed by the Federal Consumer Credit Protection Act(CCPA)(15 U.S.C. 1673(b)); or 2)the amounts allowed by the State or Tribe of the employee/obligor's principal place of employment(see REMITTANCE INFORMATION). Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes;Social Security taxes; statutory pension contributions; and Medicare taxes.The Federal limit is 50%of the disposable income if the obligor is supporting another family and 60%of the disposable income if the obligor is not supporting another family. However,those limits increase 5%-to 55%and 65%-if the arrears are greater than 12 weeks. If permitted by the State or Tribe,you may deduct a fee for administrative costs.The combined support amount and fee may not exceed the limit indicated in this section. For Tribal orders,you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers/income withholders who receive a State IWO,you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer/income withholder is located or the maximum amount permitted under section 303(d)of the CCPA(15 U.S.C. 1673(b)). Depending upon applicable State or Tribal law,you may need to also consider the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. Arrears greater than 12 weeks?If the Order Information does not indicate that the arrears are greater than 12 weeks,then the Employer should calculate the CCPA limit using the lower percentage. Additional Information: NOTIFICATION OF EMPLOYMENT TERMINATION OR INCOME STATUS: If this employee/obligor never worked for you or you are no longer withholding income for this employee/obligor, an employer must promptly notify the CSE agency and/or the sender by returning this form to the address listed in the Contact Information below: 3407276120 Q This person has never worked for this employer nor received periodic income. O This person no longer works for this employer nor receives periodic income. Please provide the following information for the employee/obligor: Termination date: Last known phone number: Last known address: Final Payment Date To SDU/Tribal Payee: Final Payment Amount: New Employer's Name: New Employer's Address: CONTACT INFORMATION: To Employer/Income Withholder: If you have any questions, contact WAGE ATTACHMENT UNIT(Issuer name) by phone at(717)240-6225, by fax at(717)240-6248, by email or website at:www.childsupport.state.pa.us. Send termination/income status notice and other correspondence to: DOMESTIC RELATIONS SECTION, 13 N. HANOVER ST. P.O, BOX 320, CARLISLE. PA. 17013(Issuer address). To Employee/Obligor: If the employee/obligor has questions, contact WAGE ATTACHMENT UNIT(Issuer name) by phone at(717)240-6225, by fax at(717)240-6248, by email or website at www.childsuoport.state.pa.us. IMPORTANT:The person completing this form is advised that the information may be shared with the employee/obligor. OMB No.:0970-0154 Form EN-428 11/13 Service Type M Page 3 of 3 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: STEFANOWICH, DANIEL R. JR PACSES Case Number 741109452 PACSES Case Number Plaintiff Name Plaintiff Name BRENDA L. STEFANOWICH Docket Attachment Amount Docket Attachment Amount 07-1330 CIVIL $ 2,200.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB PACSES Case Number PACSES Case Number Plaintiff Name Plaintiff Name Docket Attachment Amount Docket Attachment Amount $ 0.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB PACSES Case Number PACSES Case Number Plaintiff Name Plaintiff Name Docket Attachment Amount Docket Attachment Amount $ 0.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB Addendum Form EN-428 11/13 Service Type M OMB No.:0970-0154 Worker ID$IATT In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION 13 N.HANOVER ST,P.O.BOX 320,CARLISLE,PA. 17013 rn co Defendant Name: DANIEL R. STEFANOWICH JR - r,Member ID Number: 8544100094 �-<, w `; tn Please note:All correspondence must include the Member ID Number. —p ORDER OF ATTACHMENT OF UNEMPLOYMENT COMPENSATION B JEFfTS`L Financial Break Down of Multiple Cases on Attachment PACSES Docket Attachment Amount/FreouencX Plaintiff Name Case Number Number BRENDA L.STEFANOWICH 741109452 2,200.00 / MONTH $ / TOTAL ATTACHMENT AMOUNT: $ 2,200.00 Now, by Order of this Court, the Department of Labor and Industry, Office of Unemployment Compensation Benefits (OUCB), is hereby directed to attach the lesser of$506.30 per week, or 50%, of the Unemployment Compensation benefits otherwise payable to the Defendant, DANIEL R. STEFANOWICH JR Social Security Number XXX-XX-6919, Member ID Number 8544100094. OUCB is ordered to remit the amount attached to the Department of Public Welfare (DPW). DPW shall forward the amount received from OUCB to the Domestic Relations Section of this Court for support and/or support arrearages. If the Defendant's Unemployment Compensation benefits are attached by another Court or Courts for support and/or support arrearages, DPW may reduce the amount attached under this Order so that the total amount attached does not exceed the maximum amount subject to garnishment pursuant to 15 U.S.C. § 1673(b)(2)and 23 Pa. C.S.A. § 4348 (g). This Order shall be effective upon receipt of the notice of the Order by the OUCB and shall remain in effect until the Defendant's entitlement to Unemployment Compensation benefits, under the Application for Benefits dated JANUARY 22, 2012 is exhausted, expired or deferred. OUCB shall comply with this Order, unless it is amended or vacated by subsequent Order of this Court. All questions, challenges or obligations to this Order shall be directed to the Domestic Relations Section of this Court. BY THE COURT Date of Order: DEC 0 3 2013 H. Masland JUDGE Form EN-530 Service Type M Worker ID$IATT INCOME WITHHOLDING FOR SUPPORT -71-1-1 1 09145,92 O ORIGINAL INCOME WITHHOLDING ORDER/NOTICE FOR SUPPORT(IWO) 07 - 3C) C) V' Q AMENDED IWO V O ONE-TIMEORDER/NOTICE FOR LUMP SUM PAYMENT Q TERMINATION OF IWO Date: 12/11/13 ❑ Child Support Enforcement(CSE)Agency ® Court ❑ Attorney ❑ Private Individual/Entity(Check One) NOTE:This IWO must be regular on its face. Under certain circumstances you must reject this IWO and return it to the sender(see IWO instructions htto://www.acf.hhs.gov/programs/cse/forms/OMB-0970-0154 instructions.pdf). If you receive this document from someone other than a State or Tribal CSE agency or a Court, a copy of the underlying order must be attached. State/Tribe/Territory Commonwealth of Pennsylvania Remittance Identifier(include w/payment): 8544100094 CitylCounty/Dist./Tribe CUMBERLAND Order Identifier: (See Addendum for order/docket information) Private Individual/Entity CSE Agency Case Identifier: (See Addendum for case summary) RE: STEFANOWICH, DANIEL R.JR DEPT OF DEFENSE CIVILIANS Employee/Obligor's Name(Last,First,Middle) .. , . .,_ ".. .....„ 206-48-6919 Sent Electronically Employee/Obligor's Social Security Number DO NOT MAIL (See Addendum for plaintiff names associated with cases on attachment) Custodial Party/Obligee's Name(Last,First, __ Middle) Employer/Income Withholder's FEIN 311575142 NOTE:This IWO must be regular on its face. Under certain circumstances you must reject Child(ren)'s Name(s)(Last, First, Middle) Child(ren)'s Birth Date(s) this IWO and return it to the sender(see IWO instructions http://www.acf.hhs.gov/programs/cse/forms/ OMB-0970-0154_instructions.pdf).If you receive this document from someone other than a State or Tribal CSE agency or a Court,a copy of the underlying order must be attached. 3115751420 See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This document is based on the support or withholding order from CUMBERLAND County, Commonwealth of Pennsylvania (State/Tribe). You are required by law to deduct these amounts from the employee/ obligor's income until further notice. t) r, . $ 0.00 per month in current child support = $ 0.00 per month in past-due child support- Arrears 12 weeks or greater? 0 yer&o rmo -,.t;, rat $ 0.00 per month in current cash medical support c°) -.;;r $ 0.00 per month in past-due cash medical support err- --- ;;r- $ 0.00 per month in current spousal support r= c`' C; $ 0.00 per month in past-due spousal support - z rr� $ 0.00 per month in other(must specify) . Z�-, ;r; for a Total Amount to Withhold of$ 0.00 per month. ._.. AMOUNTS TO WITHHOLD: You do not have to vary your pay cycle to be in compliance with the Order Information. If your pay cycle does not match the ordered payment cycle,withhold one of the following amount: $ 0.00 per weekly pay period. $ 0.00 per semimonthly pay period(twice a month) $ 0.00 per biweekly pay period(every two weeks) $ 0.00 per monthly pay period. $ Lump Sum Payment: Do not stop any existing IWO unless you receive a termination order. REMITTANCE INFORMATION: If the employee/obligor's principal place of employment is within the Commonwealth of Pennsylvania (State/Tribe), you must begin withholding no later than the first pay period that occurs ten (10) working days after the date of this Order/Notice. Send payment within seven (7)working days of the pay date. If you cannot withhold the full amount of support for any or all orders for this employee/obligor, withhold up to 55°!0 of disposable income for all orders. If the employee/obligor's principal place of employment is not within the Commonwealth of Pennsylvania (State/Tribe), the employer can obtain withholding limitations, time requirements, and any allowable employer fees at http://www.acf.hhs.gov/programs/cse/newhire/employer/contacts/contact map. htm for the employee/obligor's principal place of employment. Document Tracking Identifier OMB No.:0970-0154 Form EN-428 11/13 Service Type M Worker ID 21205 ❑ Return to Sender[Completed by Employer/Income Withholder]. Payment must be directed to an SDU in accordance with 42 USC §666(b)(5)and (b)(6)or Tribal Payee (see Payments to SDU below). If payment is not directed to an SDU/Tribal Payee or this IWO is not regular on its face, you must check this box and return the IWO to the sender. • Signature of Judge/Issuing Official (if required by State or Tribal law): KEVIN A HESS Print Name of Judge/Issuing Official: Title of Judge/Issuing Official: Date of Signature: DECEMBER 11,2013 If the employee/obligor works in a State or for a Tribe that is different from the State or Tribe that issued this order,a copy of this IWO must be provided to the employee/obligor. ❑ If checked,the employer/income withholder must provide a copy of this form to the employee/obligor. ADDITIONAL INFORMATION FOR EMPLOYERS/INCOME WITHHOLDERS Pennsylvania law(23 PA C.S.§4374(b))requires remittance by an electronic payment method if an employer is ordered to withhold income from more than one employee and employs 15 or more persons,or if an employer has a history of two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections and Disbursement Unit(PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID(shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. State-specific contact and withholding information can be found on the Federal Employer Services website located at: http://www.acf.hhs.gov/programs/cse/newhire/employer/contacts/contact map.htm Priority: Withholding for support has priority over any other legal process under State law against the same income(USC 42 §666(b)(7)). If a Federal tax levy is in effect, please notify the sender. Combining Payments: When remitting payments to an SDU or Tribal CSE agency, you may combine withheld amounts from more than one employee/obligor's income in a single payment.You must, however, separately identify each employee/ obligor's portion of the payment. Payments To SDU: You must send child support payments payable by income withholding to the appropriate SDU or to a Tribal CSE agency. If this IWO instructs you to send a payment to an entity other than an SDU (e.g., payable to the custodial party, court, or attorney), you must check the box above and return this notice to the sender. Exception: If this IWO was sent by a Court, Attorney, or Private Individual/Entity and the initial order was entered before January 1, 1994 or the order was issued by a Tribal CSE agency, you must follow the"Remit payment to" instructions on this form. Reporting the Pay Date: You must report the pay date when sending the payment.The pay date is the date on which the amount was withheld from the employee/obligor's wages. You must comply with the law of the State(or Tribal law if applicable)of the employee/obligor's principal place of employment regarding time periods within which you must implement the withholding and forward the support payments. Multiple IWOs: If there is more than one IWO against this employee/obligor and you are unable to fully honor all IWOs due to Federal, State, or Tribal withholding limits, you must honor all IWOs to the greatest extent possible, giving priority to current support before payment of any past-due support. Follow the State or Tribal law/procedure of the employee/obligor's principal place of employment to determine the appropriate allocation method. Lump Sum Payments: You may be required to notify a State or Tribal CSE agency of upcoming lump sum payments to this employee/obligor such as bonuses, commissions, or severance pay. Contact the sender to determine if you are required to report and/or withhold lump sum payments. Liability: If you have any doubts about the validity of this IWO, contact the sender. If you fail to withhold income from the employee/obligor's income as the IWO directs, you are liable for both the accumulated amount you should have withheld and any penalties set by State or Tribal law/procedure. Anti-discrimination: You are subject to a fine determined under State or Tribal law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against an employee/obligor because of this IWO. OMB Expiration Date—05/31/2014.The OMB Expiration Date has no bearing on the termination date of the IWO;it identifies the version of the form currently in use. Form EN-428 11/13 Service Type M Page 2 of 3 Worker ID 21205 .r c Employer's Name: DEPT OF DEFENSE CIVILIANS Employer FEIN: 311575142 Employee/Obligor's Name: STEFANOWICH, DANIEL R.JR 8544100094 CSE Agency Case Identifier:(See Addendum for case summary) Order Identifier:(See Addendum for order/docket information) Withholding Limits:You may not withhold more than the lesser of: 1)the amounts allowed by the Federal Consumer Credit Protection Act(CCPA)(15 U.S.C. 1673(b)); or 2)the amounts allowed by the State or Tribe of the employee/obligor's principal place of employment(see REMITTANCE INFORMATION). Disposable income is the net income left after making mandatory deductions such as:State, Federal, local taxes;Social Security taxes;statutory pension contributions; and Medicare taxes.The Federal limit is 50%of the disposable income if the obligor is supporting another family and 60%of the disposable income if the obligor is not supporting another family. However,those limits increase 5%-to 55%and 65%-if the arrears are greater than 12 weeks. If permitted by the State or Tribe,you may deduct a fee for administrative costs.The combined support amount and fee may not exceed the limit indicated in this section. For Tribal orders,you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers/income withholders who receive a State IWO,you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer/income withholder is located or the maximum amount permitted under section 303(d)of the CCPA(15 U.S.C. 1673(b)). Depending upon applicable State or Tribal law,you may need to also consider the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. Arrears greater than 12 weeks?If the Order Information does not indicate that the arrears are greater than 12 weeks,then the Employer should calculate the CCPA limit using the lower percentage. Additional Information: NOTIFICATION OF EMPLOYMENT TERMINATION OR INCOME STATUS: If this employee/obligor never worked for you or you are no longer withholding income for this employee/obligor, an employer must promptly notify the CSE agency and/or the sender by returning this form to the address listed in the Contact Information below: 3115751420 Q This person has never worked for this employer nor received periodic income. Q This person no longer works for this employer nor receives periodic income. Please provide the following information for the employee/obligor: Termination date: Last known phone number: Last known address: Final Payment Date To SDU/Tribal Payee: Final Payment Amount: New Employer's Name: New Employer's Address: CONTACT INFORMATION: To Employer/Income Withholder: If you have any questions, contact WAGE ATTACHMENT UNIT(Issuer name) by phone at(717)240-6225, by fax at(717)240-6248, by email or website at:www.childsupport.state.pa.us. Send termination/income status notice and other correspondence to:DOMESTIC RELATIONS SECTION, 13 N. HANOVER ST, P.O. BOX 320. CARLISLE, PA. 17013(Issuer address). To Employee/Obligor: If the employee/obligor has questions, contact WAGE ATTACHMENT UNIT(Issuer name) by phone at(717)240-6225, by fax at(717)240-6248, by email or website at www.childsupoort.state.pa.us. IMPORTANT:The person completing this form is advised that the information may be shared with the employee/obligor. OMB No.:0970-0154 Form EN-428 11/13 Service Type M Page 3 of 3 Worker ID 21205 nwk ADDENDUM Summary of Cases on Attachment Defendant/Obligor: STEFANOWICH, DANIEL R. JR PACSES Case Number 741109452 PACSES Case Number Plaintiff Name Plaintiff Name BRENDA L. STEFANOWICH Docket Attachment Amount Docket Attachment Amount 07-1330 CIVIL $ 0.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB PACSES Case Number PACSES Case Number Plaintiff Name Plaintiff Name Docket Attachment Amount Docket Attachment Amount $ 0.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB PACSES Case Number PACSES Case Number Plaintiff Name Plaintiff Name Docket Attachment Amount Docket Attachment Amount $ 0.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB Addendum Form EN-428 11/13 Service Type M OMB No.:0970-0154 Worker ID 21205 INCOME WITHHOLDING FOR SUPPORT '7+1 1 (DC(t-. S a ORIGINAL INCOME WITHHOLDING ORDER/NOTICE FOR SUPPORT(IWO) 1330_ CI V/1 I O AMENDED IWO O ONE-TIMEORDER/NOTICE FOR LUMP SUM PAYMENT TERMINATION OF IWO Date: 12/11/13 ❑ Child Support Enforcement(CSE)Agency ® Court ❑ Attorney ❑ Private Individual/Entity(Check One) NOTE:This IWO must be regular on its face. Under certain circumstances you must reject this IWO and return it to the sender(see IWO instructions http://www.acf.hhs.gov/programs/cse/forms/OMB-0970-0154_instructions.pdf). If you receive this document from someone other than a State or Tribal CSE agency or a Court, a copy of the underlying order must be attached. State/Tribe/Territory Commonwealth of Pennsylvania Remittance Identifier(include w/payment): 8544100094 City/County/Dist./Tribe CUMBERLAND Order Identifier: (See Addendum for order/docket information) Private Individual/Entity CSE Agency Case Identifier: (See Addendum for case summary) RE: STEFANOWICH, DANIEL R.JR DFAS RETIRED MILITARY Employee/Obligor's Name(Last, First,Middle) ... ..._ __ 206-48-6919 Sent Electronically Employee/Obligor's Social Security Number ( (See Addendum for plaintiff names DO NOT MAIL attachment) associated with cases on Custodial Party/Obligee's Name aFirst, First, Middle) Employer/Income Withholder's FEIN 340727612 NOTE:This IWO must be regular on its face. Under certain circumstances you must reject Child(ren)'s Name(s)(Last,First,Middle) Child(ren)'s Birth Date(s) this IWO and return it to the sender(see IWO instructions htto://www.acf.hhs.gov/programs/cse/forms/ OMB-0970-0154 instructions.odt).If you receive this document from someone other than a State or Tribal CSE agency or a Court,a copy of the underlying order must be attached. 3407276120 See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This document is based on the support or withholding order from CUMBERLAND County, Commonwealth of Pennsylvania (State/Tribe). You are required by law to deduct these amounts from the employee/ obligor's income until further notice. $ 0.00 per month in current child support c $ 0.00 per month in past-due child support- Arrears 12 weeks or greater? 0 y O - $ 0.00 per month in current cash medical support = r` _` t" $ 0.00 per month in past-due cash medical support c� ��+ $ 0.00 per month in current spousal support -< ' co $ 0.00 per month in past-due spousal support $ 0.00 per month in other(must specify) (--) - = . for a Total Amount to Withhold of$ 0.00 per month. AMOUNTS TO WITHHOLD: You do not have to vary your pay cycle to be in compliance with the-OrdeHnfofination. If your pay cycle does not match the ordered payment cycle, withhold one of the following amount: $ 0.00 per weekly pay period. $ 0.00 per semimonthly pay period(twice a month) $ 0.00 per biweekly pay period(every two weeks) $ 0.00 per monthly pay period. $ Lump Sum Payment: Do not stop any existing IWO unless you receive a termination order. REMITTANCE INFORMATION: If the employee/obligor's principal place of employment is within the Commonwealth of Pennsylvania (State/Tribe), you must begin withholding no later than the first pay period that occurs ten (10) working days after the date of this Order/Notice. Send payment within seven (7)working days of the pay date. If you cannot withhold the full amount of support for any or all orders for this employee/obligor, withhold up to 55% of disposable income for all orders. If the employee/obligor's principal place of employment is not within the Commonwealth of Pennsylvania (State/Tribe), the employer can obtain withholding limitations, time requirements, and any allowable employer fees at http://www.acf.hhs.gov/programs/cse/newhire/employer/contacts/contact map., htm for the employee/obligor's principal place of employment. Document Tracking Identifier OMB No.:0970-0154 Form EN-428 11/13 Service Type M Worker ID 21205 ❑ Return to Sender[Completed by Employer/Income Withholder]. Payment must be directed to an SDU in *. accordance with 42 USC §666(b)(5)and (b)(6)or Tribal Payee(see Payments to SDU below). If payment is not directed to an SDU/Tribal Payee or this IWO is not regular on its face, you must check this box and return the IWO to the sender. Signature of Judge/Issuing Official (if required by State or Tribal law): KEVIN A HESS Print Name of Judge/Issuing Official: Title of Judge/Issuing Official: Date of Signature: DECEMBER 11, 2013 If the employee/obligor works in a State or fora Tribe that is different from the State or Tribe that issued this order, a copy of this IWO must be provided to the employee/obligor. ❑ If checked,the employer/income withholder must provide a copy of this form to the employee/obligor. ADDITIONAL INFORMATION FOR EMPLOYERS/INCOME WITHHOLDERS Pennsylvania law(23 PA C.S.§4374(b)) requires remittance by an electronic payment method if an employer is ordered to withhold income from more than one employee and employs 15 or more persons, or if an employer has a history of two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections and Disbursement Unit(PA SCDU)Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION,PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID(shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. State-specific contact and withholding information can be found on the Federal Employer Services website located at: http://www.acf.hhs.gov/programs/cse/newhire/employer/contacts/contact map.htm Priority: Withholding for support has priority over any other legal process under State law against the same income(USC 42 §666(b)(7)). If a Federal tax levy is in effect, please notify the sender. Combining Payments: When remitting payments to an SDU or Tribal CSE agency, you may combine withheld amounts from more than one employee/obligor's income in a single payment. You must, however, separately identify each employee/ obligor's portion of the payment. Payments To SDU: You must send child support payments payable by income withholding to the appropriate SDU or to a Tribal CSE agency. If this IWO instructs you to send a payment to an entity other than an SDU (e.g., payable to the custodial party, court,or attorney), you must check the box above and return this notice to the sender. Exception: If this IWO was sent by a Court, Attorney, or Private Individual/Entity and the initial order was entered before January 1, 1994 or the order was issued by a Tribal CSE agency, you must follow the"Remit payment to" instructions on this form. Reporting the Pay Date: You must report the pay date when sending the payment. The pay date is the date on which the amount was withheld from the employee/obligor's wages.You must comply with the law of the State(or Tribal law if applicable)of the employee/obligor's principal place of employment regarding time periods within which you must implement the withholding and forward the support payments. Multiple IWOs: If there is more than one IWO against this employee/obligor and you are unable to fully honor all IWOs due to Federal, State, or Tribal withholding limits, you must honor all IWOs to the greatest extent possible, giving priority to current support before payment of any past-due support. Follow the State or Tribal law/procedure of the employee/obligor's principal place of employment to determine the appropriate allocation method. Lump Sum Payments: You may be required to notify a State or Tribal CSE agency of upcoming lump sum payments to this employee/obligor such as bonuses, commissions, or severance pay. Contact the sender to determine if you are required to report and/or withhold lump sum payments. Liability: If you have any doubts about the validity of this IWO, contact the sender. If you fail to withhold income from the employee/obligor's income as the IWO directs,you are liable for both the accumulated amount you should have withheld and any penalties set by State or Tribal law/procedure. Anti-discrimination: You are subject to a fine determined under State or Tribal law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against an employee/obligor because of this IWO. OMB Expiration Date—05/31/2014.The OMB Expiration Date has no bearing on the termination date of the IWO;it identifies the version of the form currently in use. Form EN-428 11/13 Service Type M Page 2 of 3 Worker ID 21205 Employer's Name: DFAS RETIRED MILITARY Employer FEIN: 340727612 Employee/Obligor's Name: STEFANOWICH, DANIEL R.JR 8544100094 CSE Agency Case Identifier:(See Addendum for case summary) Order Identifier:(See Addendum for order/docket information) Withholding Limits:You may not withhold more than the lesser of: 1)the amounts allowed by the Federal Consumer Credit Protection Act(CCPA)(15 U.S.C. 1673(b)); or 2)the amounts allowed by the State or Tribe of the employee/obligor's principal place of employment(see REMITTANCE INFORMATION). Disposable income is the net income left after making mandatory deductions such as:State, Federal,local taxes;Social Security taxes;statutory pension contributions; and Medicare taxes.The Federal limit is 50%of the disposable income if the obligor is supporting another family and 60%of the disposable income if the obligor is not supporting another family. However,those limits increase 5%-to 55%and 65%-if the arrears are greater than 12 weeks. If permitted by the State or Tribe, you may deduct a fee for administrative costs.The combined support amount and fee may not exceed the limit indicated in this section. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers/income withholders who receive a State IWO,you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer/income withholder is located or the maximum amount permitted under section 303(d)of the CCPA(15 U.S.C. 1673(b)). Depending upon applicable State or Tribal law, you may need to also consider the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. Arrears greater than 12 weeks?If the Order Information does not indicate that the arrears are greater than 12 weeks,then the Employer should calculate the CCPA limit using the lower percentage. Additional Information: NOTIFICATION OF EMPLOYMENT TERMINATION OR INCOME STATUS: If this employee/obligor never worked for you or you are no longer withholding income for this employee/obligor, an employer must promptly notify the CSE agency and/or the sender by returning this form to the address listed in the Contact Information below: 3407276120 Q This person has never worked for this employer nor received periodic income. Q This person no longer works for this employer nor receives periodic income. Please provide the following information for the employee/obligor: Termination date: Last known phone number: Last known address: Final Payment Date To SDU/Tribal Payee: Final Payment Amount: New Employer's Name: New Employer's Address: CONTACT INFORMATION: To Employer/Income Withholder: If you have any questions, contact WAGE ATTACHMENT UNIT(Issuer name) by phone at(717)240-6225, by fax at(717)240-6248, by email or website at:www.childsupport.state.pa.us. Send termination/income status notice and other correspondence to:DOMESTIC RELATIONS SECTION, 13 N. HANOVER ST, P.O. BOX 320. CARLISLE, PA. 17013(Issuer address). To Employee/Obligor: If the employee/obligor has questions,contact WAGE ATTACHMENT UNIT(Issuer name) by phone at(717)240-6225, by fax at(717)240-6248, by email or website at www.childsupport.state.pa.us. IMPORTANT:The person completing this form is advised that the information may be shared with the employee/obligor. OMB No.:0970-0154 Form EN-428 11/13 Service Type M Page 3 of 3 Worker ID 21205 ADDENDUM Summary of Cases on Attachment Defendant/Obligor: STEFANOWICH, DANIEL R. JR PACSES Case Number 741109452 PACSES Case Number Plaintiff Name Plaintiff Name BRENDA L. STEFANOWICH Docket • Attachment Amount Docket Attachment Amount 07-1330 CIVIL $ 0.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB PACSES Case Number PACSES Case Number Plaintiff Name Plaintiff Name Docket Attachment Amount Docket Attachment Amount $ 0.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB PACSES Case Number PACSES Case Number Plaintiff.Name Plaintiff Name Docket Attachment Amount Docket Attachment Amount $ 0.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB Addendum Form EN-428 11/13 Service Type M OMB No.:0970-0154 Worker ID 21205 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 Defendant Name: DANIEL R. STEFANOWICH JR Member ID Number: 8544100094 r; Please note:All correspondence must Include the Member ID Number. C"7 --a 1-11 7> Ci g ORDER TO VACATE ATTACHMENT OF UNEMPLOYMENT BENS - !. -x; Financial Break Down of Multiple Cases on Attachment PACSES Docket Attachment Amount/Frequency Plaintiff Name Case Number Number BRENDA L.STEFANOWICH 741109452 07-1330 CIVIL 2,200.00 / MONTH $ / TOTAL ATTACHMENT AMOUNT: $ 2,200.00 The prior Order of this Court directing the Department of Labor and Industry, Office of Unemployment Compensation Benefits (OUCB), to attach$506.30 or 50% per week of the Unemployment Compensation benefits of DANIEL R. STEFANOWICH JR, Social Security Number XXX-XX-6919, Member ID Number 8544100094 is hereby vacated. This Order to Vacate shall be effective upon receipt of the notice of the Order by the Department and shall remain in effect until a further Order of the Court is filed. BY THE COURT Date of Order: DEC i 1 2013 Aiibert„kt a land ....JUDGE Form EN-035 Service Type M Worker ID 21205 DANIEL STEFANOWICH, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION -DIVORCE NO. 07-1330 CIVIL TERM BRENDA STEFANOWICH, IN DIVORCE -- 1C Defendant/Petitioner PACSES Case No: 741109452 z rn ORDER OF COURT ; try ' AND NOW to wit, on this 11th day of December, 2013, it is hereby Ordered that pursuant the Parties'Marital Settlement Agreement of March 17, 2011 and the Petitioner receiving direct payment from the Respondent's retirement effect November 1, 2013, the Domestic Relations Section dismisses their interest in the above captioned Alimony matter. This Order shall become final twenty (20) days after the mailing of the notices of the entry of the Order to the parties unless either party files a written demand with the Office of the Prothonotary for a hearing de novo before the Court. BY THE COURT: Albert H. Masland, J. DRO: R.J. Shadday xc: Petitioner Respondent . Lisa M. Coyne, Esq. Diane S. Baker, Esq. Form 0E-001 Service Type:M Worker:21005 Cumberland County Domestic Relations DEC 1 1 2013, To whom it may concern: I have now started receiving my portion of my ex-husband Daniel R. Stefanowich's retirement pay from the military. This started as of November 1, 2013. Everything is now active and I am receiving everything correctly. I am requesting that the case concerning this matter, case#741109452, be closed. I am enclosing a copy of the marital settlement agreement and the addendum to the agreement that I was instructed to provide as proof that this was to be the process once I started to receive my funds directly through the military. If there are any questions please contact me at(717) 728-3558. Thank you for your attention to this matter I appreciate it. Sincerely, Brenda Stefanowich