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HomeMy WebLinkAbout00-05412 . . " " " " " " " " " " " " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY " PENNA, STATE OF " " " Mary M, Moran Plaintiff No. 00-5412 Civil Term " VERSUS Patrick T. Moran " Defendant " " " " DECREE IN DIVORCE " " " " ~ /,:Jf A.Nt. jolJ( , IT IS ORDERED AND " " 5~,1 AND NOW, " " " Mary M. Moran , PLAINTIFF, DECREED THAT " " " Patrick T. Moran , DEFENDANT, AND " ARE DIVORCED FROM THE BONDS OF MATRIMONY. " THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; " " " None The terms of the marital settlement agreement are " " incor orated but not " " " " ATTEST: J. ?'~~ d PROTHONOTARY " " " "" " " " !lI!I":'" ," ," ~-, ,.,' <".' ,- 'r - i " " " " " " " " " " " " " " " " " " " " ,~~ ~'"' ~". ~~- .....---u___;;;.;,.,;.~14-'W~"""'''''''''''_.~.''''iI.\.~lYS!I1:fifO!i.lllli&~.,_..,;;'''..~''''"'=~ - ~-' ~ ,> 4~ ~~ -.--"', , ,~_.". . -~~..."" ,01, & . /tJ..:J/ &/1.t// . , ,':.' f.l " .', t .,t..-~ w~.,,~.% 4~ 71~ ~ ~ ~ ~~4r,,~-> ., , -. . r MARY M. MORAN, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW PATRICK T. MORAN, Defendant. TillS AGREEMENT, made this No. 00-5412 Civil Term IN DIVORCE MARITAL SETTLEMENT AGREEMENT J-C\ II day of LfUftt- , 2001, by and between MARY M, MORAN of Mechanicsburg, Pennsylvania, (hereinafter "WIFE") and PATRICK T. MORAN of Mechanicsburg, Pennsylvania, (hereinafter "HUSBAND"); WITNESSETH: WHEREAS, the parties hereto were married on August 16, 1969, in Kenosha, Wisconsin; and WHEREAS, a divorce action was filed by WIFE on or about August 3, 2000, in the Cumberland County Court of Common Pleas at 00-5412 Civil Term; and WHEREAS, difficulties have arisen between the parties and it is therefore their intention to live separate and apart for the rest of their lives and the parties are desirous of settling completely the economic and other rights and obligations between each other, including but not limited to: the equitable distribution of the marital property; past, present, and future support; alimony, alimony pendente lite, and in general, any and all other claims and possible claims by one against the other or against their respective estates; and NOW THEREFORE, in consideration ofthe covenants and promises hereinafter to be kept and performed by each party and for other good and valuable consideration, the parties, Page 1 of 13 oj;.. -,;"--'" - --'--'-, "r.," " .' , intending to be legally bound hereby, the parties do h\:reby agreellS follows: 1. ADVICE OF COUNSEL. The provisions ohhis agreement and their legal effect have been fully explained to the parties by their respective counsel. WIFE is represented by Melissa Peel Greevy, Esquire. HUSBAND is represented by Jeanne' B, Costopoulos, Esquire. The parties further declare that each is executing the Agreement freely and voluntarily having either obtained sufficient knowledge and disclosure of their respective legal rights and obligations or, if counsel has not been consulted, expressly waiving the right to obtain such knowledge, The parties each acknowledge that this Agreement is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion. 2, DIVORCE ACTION. The parties acknowledge that their marriage is irretrievably broken and that they shall secure a mutual consent no fault divorce pursuant to g3301 (c) of the Divorce Code. The parties agree to execute Affidavits of Consent for divorce and Waiver of Notice ofIntention to Request Entry of a Divorce Decree concurrently with the execution of this Agreement. This Agreement shall remain in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. The parties agree that the terms of this agreement shall be incorporated into any Divorce Decree which may be entered with respect to them and specifically referenced in the Divorce Decree, This Agreement shall not merge with the divorce decree, but shall continue to have independent contractual significance, 3. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as Page 2 of 13 J ,:1 , II ii II iil '^~__ , 0-- "__', ,-,_" .,. ~ 1" 'C_' --~ , -" -:;"' -or. _ .,. ,. the date upon which it is executed by the parties if they have each 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 last party executing this Agreement. 4. MUTUAL RELEASES. Each party absolutely and unconditionally releases the other and the estate of the other from any and all rights and obligations which either may have for past, present, or future i , , I I , I 'j I obligations, arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, and amendments excepts as described herein. Each party absolutely and unconditionally releases the other and his or her heirs, executors and estate from any claims arising by virtue of the marital relationship of the parties. The above release shall be effective whether such claims arise by way of widow' s or widower's rights, family exemption, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a life time 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 Pennsylvania, any state, Commonwealth, or territory of the United States or any other country. Except for any cause of action for divorce which either party may have or claim to have, each party gives to the other by the execution of this Agreement an absolute and unconditional release from all claims whatsoever, in law or in equity which either party now has against the other. 5. FINANCIAL DISCLOSURE. The parties represent and warrant that the disclosures each have made are truthful, accurate and complete. The parties confirm that each has relied on the accuracy of the financial Page 3 of 13 'fl'qp' ''',''',,^. '''1,."" <. ~, I , ~, ". - ,., , - , "p".' . ,~ " disclosure of the other as an inducement to the execution ofthis Agreement. Each party understands that he/she had the right to obtain from the other party a complete inventory or list of all property that either or both parties owned at the time of separation or currently and that each party had the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have a right to have a court hold hearings and make decisions on the matters covered by this Agreement. Both parties hereby acknowledge that this Agreement is fair and equitable, and the terms adequately provide for his or her interests, and that this Agreement is not the result of fraud, duress, or undue influence exercised by either party upon the other or by any person or persons upon either party. 6. SEPARATION-INTERFERENCE. WIFE and HUSBAND may and shall, at all times hereafter, live separate and apart. They shall be free from any interference, direct or indirect, by the other in all respects as if 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. WIFE and HUSBAND shall not harass, disturb or malign each other or the respective families of each other. 7. REAL PROPERTY. The parties are joint owners of real property located at 73 White Oak Boulevard, Mechanicsburg, Cumberland County, Pennsylvania HUSBAND shall convey via a deed, drafted by his counsel and executed contemporaneously with.this Agreement, all of his right title and interest in said property to WIFE free of all encumbraIlces. The parties agree that this transfer of the Deed by HUSBAND shall be in partial satisfaction of WIFE'S equitable distribution in the Page 4 of 13 ~'J]',~~.~~ . -, --~ ~ ,. c' " , marital estate, The parties further stipulate and agree that the value of this property is $194,000. HUSBAND agrees to execute any and all documents to effect the transfer of his interest in said property pursuant to this paragraph. 8. DEBTS. HUSBAND represents and warrants to WIFE that since the filing of the Divorce he has not and in the future will not, contract or incur any debt or liability for which WIFE or her estate might be responsible, and he shall indemnify and save WIFE harmless from any and all claims and demands made against her by reason of such debts or obligations incurred by him since the date of said filing, except as otherwise set forth herein. WIFE represents and warrants to HUSBAND that since the filing of the Divorce she has not and in the future will not, contract or incur any debt or liability for which HUSBAND or his estate might be responsible, and she shall indemnify and save HUSBAND harmless from any and all claims and demands made against him by reason of such debts or obligations incurred by her since the date of said filing, except as otherwise set forth herein. The parties hereby agree to return any and all credit cards in their possession which bear the name of the other. The parties agree that any debts incurred on said credit cards following August 3, 2000 shall be the sole and exclusive responsibility of the party incurring the expense and shall save harmless the other from any obligations or institution of suit thereunder. 9. RETIREMENT BENEFITS AND INVESTMENTS. (a) HUSBAND and WIFE stipulate and agree that WIFE shall receive the following assets of pension, retirement, saving and investment v~hicles, all of which are marital in nature, SB Power Tool Company Savings Plan $ 11461.81 as of March 30, 2000 Page 5 of 13 . '~c' """'_ _,_". '_, ~, ."".,' ... -"'<' .. ~ . " PNC Roth IRA 61532935 PNC Roth IRA 61532848 North Shore IRA 016-5030305 $ 4287.66 as ofJune 30, 2000 $3709.65 as ofJune 30,2000 $23,883.05 as of October 13, 2000 (b) HUSBAND and WIFE stipulate and agree that HUSBAND shall receive the following assets of pension, retirement, saving and investment vehicles, all of which are marital in nature. MSDW IRA 508-114870 PNC Roth IRA 61534124 Stackpole 401 (K) PNC Roth IRA 6153421 I $6775.97 as of September 29, 2000 $31, 408.12 as of September 30, 2000 $21,214.00 as of September 20, 2000 $9481.12 as of September 30, 2000 (e) HUSBAND represents that the Morgan Stanley Dean Witter Online account had a balance of$357,109.40 as of October 2,2000. HUSBAND agrees to convey to WIFE the amount of $70,000 from his Morgan Stanley Dean Witter Online IRA Account to her PNC IRA account number 5738-2793. WIFE specifically acknowledges that she is entering this equitable distribution against the specific advice of her attorney. 10. ANNUITY. HUSBAND is the annuitant of a Prudential Group Annuity Contract GA-8988, which is marital property. HUSBAND and WIFE agree that the annuity benefit shall be divided via a Qualified Domestic Relations Order which shall specifY that the monthly benefit shall be paid 50% to HUSBAND and 50% to WIFE, to be effective November 1, 2011. HUSBAND shall bear the expense of the preparation of the Qualified Domestic Relations Order. 11. LlOUID MARITAL ASSETS. The parties were joint owners of a checking account which the parties previously divided Page 6 of 13 ~~ Ai.4<'~ ^" " ~. , equally with shall each having received $800.00 which represents one half of the balance. HUSBAND and WIFE each retained their individual checking accounts with each having retained $1000.00 in marital funds. 12. INCOME TAX RETURNS. The parties have heretofore filed certain joint income tax returns and the HUSBAND represents and warrants to the WIFE that he has heretofore duly paid, or, in the case of the 2000 return, will pay all income taxes due on such returns; that he does not owe any interest or penalties with respect thereto; that no tax deficiency is pending or threatened against him; and that no audit is pending with respect to any such return. 13. AUTOMOBILES. WIFE will retain the 2001 PT Cruiser, which is sole and separate property. HUSBAND will receive the 2000 300m Chrysler, which is marital property. WIFE agrees to transfer all of WIFE'S right, title and interest in and to that 300m Chrysler to HUSBAND, subject to the outstanding chattel mortgage which HUSBAND has agreed to assume and pay, The parties agree to maintain their vehicles and shall be solely responsible for all payments, maintenance, insurance and other costs or fees related to their respective vehicles, Each party agrees to indemnify and hold the other harmless for any and all liability related to their respective vehicles, and to execute any and all necessary documents to effect the transfer of the title of each vehicle as agreed above. 14. HOUSEHOLD GOODS AND PERSONAL PROPERTY. The parties agree that they have distributed and are currently in possession of the household goods and personal property which has been divided between them in a satisfactory Page 7 of 13 ;hj -" , . , ~_ _ n~ ~ _ ~_ . and equitable manner. HUSBAND has provided a list household goods and personal property in his possession, which he will retain as provided in the attached list. 15. ALIMONY. The HUSBAND will pay to the WIFE, as nonmodifiable alimony, the snm of /jJJ. IJ//. 0tM $1300 (one thousand three hundred dollars) each and every month, beginning with the month following the date of this Agreement, payable by wage attachment, biweekly to terminate Octo.l2.er 31, 2011, The alimony payments due from HUSBAND to WIFE shall terminate only %'$' ~ upon the death of either party, WIFE'S cohabitation or remarriage. In addition, HUSBAND will pay to WIFE 33% of the gross amount of any bonus received through his employment, due and payable at the time that they are paid, HUSBAND agrees, as security for said payments to maintain life insurance, insuring the life of HUSBAND with WIFE as full beneficiary in the amount of $1 00,000 until HUSBAND'S age 65 or until the satisfaction of all payments due f1I' f/I (}f711 under Paragraph 15, which ever event is last. For purposes of this Agreement, "cohabitation" is defmed as financial, social and sexual interdependence where the WIFE and the person with whom she is living actually reside together in the manner of spouses, assuming the rights and duties generally associated with a marriage relationship. This definition is derived from Miller v, Miller, 352 Pa. Super, 432, 508 A. 2d 550 (1986), and shall be controlling on the parties regardless of changes in the statutory or case law of Pennsylvania. 16, TAX CONSEOUENCES. It is the intention of the parties that timely payments made under the terms of Paragraph 15 of this Agreement be treated as taxable income to WIFE, and deductible to HUSBAND. The payments by the HUSBAND to the WIFE under Paragraph Page 8 of 13 ",,,,,,,,, . 15 of this Agreement shall be treated as alimony for.taxpurposes only if made during the year when due, Payments made in advance or in arrears shall not be taxable to WIFE or deductible to HUSBAND. The parties agree that they shall file, in each year, tax returns which are consistent with the terms of this Agreement. 17. COOPERATION. WIFE and HUSBAND shall mutually cooperate with each other in order to carry through the terms of the Agreement, including but not limited to the signing of doclUUents. Contemporaneously with the execution of this Agreement, the parties will promptly sign Affidavits of Consent, Affidavits Waiving Marriage Counseling, and Waivers of Notice oflntent to Request Entry of A Divorce Decree, and all necessary doclUUents to effectuate the transfer of the assets as described in this Agreement. 18. BANKRUPTCY OR REORGANIZATION PROCEEDINGS. In the event that either party becomes a debtor in any bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under Federal or State law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor-spouse as set forth herein, including all attorney fees and costs incurred in the enforcement of this paragraph or any other provisions of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of Federal or State law to the contrary, and each party waives any and all right to asset that obligation hereunder is discharged or dischargeable. Page 9 of 13 -,,~-~ > < e_"_. ____~_~o ~ ~ ~-.' ,,~ ~?__,,_ ., ~., ~ 'c_. The parties mutually agree that in the event of bankruptcy or financial reorganization proceedings by either party in the future, any monies to be paid to the other party, or to a third party, pursuant to the terms of this Agreement shall constitute support and maintenance and shall not be discharged in bankruptcy. 19. ATTORNEY FEES. COURT COSTS. Each party hereby agrees to be solely responsible for his or her own counsel fees, costs and expenses. Neither shall seek contribution thereto from the other party except as otherwise expressly provided herein. 20. ATTORNEYS' FEES FOR ENFORCEMENT. In the event that either party breaches any provisions of this Agreement and the other party retains counsel to assist in enforcing the terms thereof, the breaching party will pay all reasonable attorneys' fees, court costs and expenses (including interest and travel costs, if applicable) which are incurred by the other party in enforcing the Agreement, whether enforcement is ultimately achieved by litigation or by amicable resolution. It is the specific Agreement and intent of the parties that a breaching or wrongdoing party shall bear the obligation of any and all costs, expenses and reasonable counsel fees incurred by the nonbreaching party in protecting and enforcing his or her rights under this Agreement. 21. WAIVER OF RIGHTS. Both parties hereby waive the following procedural rights: (a) The right to obtain an inventory and the appraisement of all marital and non-marital property; (b) The right to obtain and income and expense statement of either party; Page 10 of 13 " ~ ~ '- - < _.~ - - ._~ " - " , .".. ~, - - '-~~"'- . (c) The right to have all property identified and appraised; (d) The right to discovery as provided by the Pennsylvania Ru1es of Civil Procedure; (e) The right to have the court make all determinations regarding marital and non-marital property, equitable distribution, spousal support; alimony pendente lite, alimony, counsel fees and costs and expenses. 22. VOID CLAUSES. If any term, condition, clause or provision of this Agreement, shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 23. APPLICABLE LAW. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 24, ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertakings other than those expressly set for herein. 25. CONTRACT INTERPRETATION. For purposes of contact interpretation and for the purpose of resolving any ambiguity herein, the parties agree that this Agreement was prepared jointly by the parties. IN WITNESS WHEREOF, the parties hereto, have set their hands and seals of the day first written above, Page 11 of 13 --= This Agreement is executed in duplicate and in counterparts. WIFE and HUSBAND "'7;;;7;fO::'-OOPYh~f Witness ~(~ Witne~ ~~{-t~ ~ h 1YIl1'-e~ Patrick T, Moran . J .~ I I I I j I I :\ ,.1 .I ! i '1 :1 " ,I i , i , ::i I ~ ii +,.,.v ,'-, ~- ,- _"Hn","~_ <" ,_.__,,"~__" " ,-' t., ',,- Page 12 of 13 ~'--"', :- '-~~ --, I ., _ , ~- COMMONWEALTH OF PENNSYLVANIA :ss. COUNTY OF CUMBERLAND On the No It..-day of 2001, before me, a Notary Public in and for the Commonwealth of Pennsylvania, the dersigned officer, personally appeared Mary M. Moran, known to me ( or satisfactorily prov to be one of the parties executing the foregoing instrument, and she acknowledges the foregoing instrument to be her free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand an notarial seal the day and year first above written. COMMONWEALTH OF PENNSYLVANIA ());~~amt Notary Public My Co . NOT RIALSEAL HEIDI L. KASTEL, Notary Public East Pennsboro Twp" Cumberland Co, My Commission Expires June 9, 2003 COUNTY O~ PTf'):l<\. . On the II~ day of ~ rV~ ,2001, before me, a Notary Public in and for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared Patrick T. Moran, known to me ( or satisfactorily proven) to be one of the parties executing the foregoing instrument, and he acknowledges the foregoing instrument to be his free act and deed. :ss. IN WITNESS WHEREOF, I have hereunto set my hand an notarial seal the day and year first above written. ~~~~( ,~-v Notary Public My Commission Expires: Notarial Seal Sharon L. Relslnger, Notary Publlo Harrisburg, Dauphin County My Commlssloil Expires Jan. 19, 2004 em r, "nsy "IS SSOCia ar 9S Page 13 of 13 ;il"",_,,,,,,,_,,~_~ ~ ~- ~ " - ,-" . -~ ie'ii ,-~.--,~+ - - =._~'-~'''''" . / ..,... ~"._^' _"_~U~ N +' ""-',,, '< If.l.'!l-m: ",__. A~~ "^ (') c: vf~ nil"' ~,~ ~'" ~- r::=:c; ~Q -'C Pc: 2: ~ .' . <' ..-. "'~mr'T" c:' (:- -" s~_ '- --''P -- " ',,'rl ':CJ ;r.-".. -~. U) (J1 '-.J _.~, ,"-, ~~I!IIIItIlMI""'__ ,_e< ~ _ ,_ ~" <' < MARY M. MORAN, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA v. CIVIL ACTION - LAW PATRICK T. MORAN, Defendant, No. 00-5412 Civil Term IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Kindly transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under S 3301(4) of the Divorce Code 2. Date and manner of service of the Complaint: August 12, 2000 via United States mail, postage prepaid and United States mail Certified Mail, Delivery Restricted to Addressee only. 3. (a) Date of execution of the affidavit of consent required by S 3301(c) of the Divorce Code: by Plaintiff May 16, 2001, (b) Date of execution of the affidavit of consent required by S 3301(c) of the Divorce Code: by Defendant June 11,2001. 4. Related claims pending: none. The Marital Settlement Agreement dated June 11, 200 1 and filed with the court resolved all claims. 5. (a) Date plaintiffs Waiver of Notice in S 3301(c) Divorce was filed with the Prothonotary: June 14, 2001. - ~ ," , i"'--- (b) Date Defendant's Waiver of Notice in ~3301(c) Divorce was filed with the Prothonotary: June 14, 2001. 6. (a) Defendant's social security number is: 391-42-4250. (b) Plaintiffs social security number is: 391-44-1836. Respectfully submitted, Date: ~//3IOJ LJl.g~ LD, No. 77950 214 Senate Avenue Suite 105 Camp Hill, PA 17011-2336 (717) 763-8995 Attorney for the Plaintiff "''', ~ , . -,- l<M ~ ~ ",- "CC " '" ", . ,.,- -,. > - ~ .~< , . ~. ."" ""~'-- "~, ",. "-"" "'-""",,,~ '-,C,, ".c~ ',,-;,,''',,''''",-'' ""';,".~~. "L '-IT-";;:iii:'i~~[~~"I~tyjf'lT(;;nry.i<-lllf>it~tli (") C >- ""025 III [T~ ~~j 0>-.,', rs:~:.._ :5':0 ~C) 5>22 :Z ~ C',) ~) .- '- .:;;:::; -,.-'" -",. < ;,..l. '-"..,j LO -:...., <0 c t~~~ ,e, X -< ~,~l~~~!i1l1rrl!l~~~""._ .~ ~ ." .'.,~ll'Of' , ( MARY M. MORAN, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. PATRICK T. MORAN, Defendant. CIVIL ACTION -LAW C' . L~ 00- ~I..fl~ tut l~ No. Civil 2000 IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the foregoing pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree in divorce or annulment may be entered against you by the court, A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or other property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling, A list of marriage counselors is available in the Office of the Prothonotary at: Office of the Prothonotary Cumberland County Court House Carlisle, Pennsylvania 17013 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 ~.~, " ~~. .' .. . , MARY M. MORAN, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW PATRICK T. MORAN, Defendant, No,{J().S'1J.v Civil 2000 IN DIVORCE NOTICE OF A V AlLABILlTY OF COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302(d) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. ,i .. ;1 " i ,i I ') , '-~'. , .,.,,~"' , "~"f-:' , , ,:; ~ ,il 'i! 'I 'I ,I :1l -,'I ~i hj '1 :1 ,;' ,;j <{ d cl .J ijl :~! ] ,-~ ::r: ']1 { -,~ " < MARY M. MORAN, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. PATRICK T. MORAN, Defendant, CML ACTION - LAW S'II ;v No.p(}o Civil 2000 IN DIVORCE COMPLAINT IN DIVORCE UNDER ~ 3301 (c) or ~ 3301(d) OF THE DIVORCE CODE Plaintiff, by and through her attorney, Melissa Peel Greevy, respectfully represents: 1. Plaintiff is Mary M. Moran, who currently resides at 73 White Oak Boulevard, Mechanicsburg, Cumberland County, Pennsylvania, since December 7,1997, 2, Plaintiff's Social Security Number is 391-44-1836, 3. Defendant is Patrick T. Moran, who currently resides at 73 White Oak Boulevard, Mechanicsburg, Cumberland County, Pennsylvania, since December 7,1997, 4. Defendant's Social Security Number is 391-42-4250. 5. Plaintiff and Defendant have both been bona fide residents of the Commonwealth of Pennsylvania for a period of more than six months immediately preceding the filing of this complaint, 6 The parties were married on August 16, 1969 in Kenosha, Wisconsin. 7. There are no minor children of the marriage. 8. Neither Plaintiff nor Defendant 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. (Xli "-~ J J:. . ' 9. There have been no prior actions of divorce or armulment between the parties. 10. The marriage is irretrievably broken. 11. Plaintiff has been advised that counseling is available and the Plaintiff may have the right to request the court require the parties to participate in counseling. 12. Plaintiff requests the court to enter a decree of divorce, 13. The parties may enter into a written agreement with regard to economic issues, In the event that such an agreement is executed by the parties, the agreement may be incorporated by the Court into the final Decree of Divorce. WHEREFORE, Plaintiff requests that your Honorable Court to enter a Decree in Divorce, divorcing Plaintiff and Defendant. COUNT II 14. Paragraphs I through 13 of the Complaint are incorporated herein by reference as though set forth at length. 15, Plaintiff avers that she is the innocent and injured spouse, and that Defendant has offered such indignities to the Plaintiff so as to render her condition intolerable and life burdensome. 16. This action is not collusive, WHEREFORE, Plaintiff requests that your Honorable Court to enter a Decree in Divorce, divorcing Plaintiff and Defendant. COUNT III EQUITABLE DISTRIBUTION 17. Paragraphs 1 through 16 of this Complaint are incorporated herein by reference as though set forth at length. '<;,-- -," . ,. -- I" --. ~. -T_~~ ~ jJ , , . . . 18, Plaintiff and Defendant have acquired property, both real and personal, during their marriage. WHEREFORE, Plaintiff requests that your Honorable Court to equitably divide all marital property, COUNT IV ALIMONY 19. Paragraphs 1 through 18 of this Complaint are incorporated by reference as if set forth at length. 20. Plaintiff is employed as a part time sales clerk at Kohl's Department Store earning approximately $6000 per year, 21. Defendant is employed at Stackpole Books earning a gross income in excess of $80,000 per year, 22, Plaintiff has insufficient income and assets to provide for her reasonable needs during the course ofthis litigation, 23. Plaintiff requires reasonable support to adequately maintain herself in accordance with the standard ofliving established during the marriage. WHEREFORE, Plaintiff requests that Your Honorable Court enter an order of alimony. COUNT V ALIMONY PENDENTE LITE/COUNSEL FEES AND EXPENSES UNDER ~ 3702 OF THE DIVORCE CODE 24. Paragraphs I through 23 of this Complaint are incorporated by reference as if set forth at length. 25. Plaintiff does not have sufficient funds to support herself and pay counsel fees and expenses incidental to this action, . >-, ~, " '_ I L 26. Defendant is full and well able to pay Plaintiff counsel fees and expenses incidental to this divorce action, WHEREFORE, Plaintiff requests that Your Honorable Court enter an order for alimony pendente lite, counsel fees, costs and expenses, Plaintiff verifies that the statements made in this Complaint are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. S 4904, relating to unsworn falsification to authorities. Date: 1....J / . (j() ~l~ntiff Date: 1.;j 1- a cJ '-~~~~ w- Me Issa Peel Greevy, EsqUlre LD. No. 77950 214 Senate Avenue Suite 105 Camp Hill, PA 17011-2336 (717) 763-8995 Counsel for Plaintiff 7 "'1'i!,., . ~~- ~ ~ ,,' . , MARY M. MORAN, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW P ATRlCK T. MORAN, Defendant. No. 00-5412 Civil 2000 IN DIVORCE RETURN OF SERVICE United States Mail The undersigned makes the following return of service: The Complaint was mailed to Patrick T. Moran on August 9, 2000 at 214 Senate Avenue Camp Hill, P A 17011. The signed receipt, indicating service was made on August 12, 2000, is attached. SIGNATURE AND AFFIDAVIT I, Melissa Peel Greevy, Esquire, certify that I am a competent adult not a party to the action. I verify that the statements made in this affidavit and return of service are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. '4904 rel""'g'9 =-~..., ~Ui.~ /2, ~ Date: C;' - ~ ~\ -I - c2 Of) 7J Melissa Peel Greevy, Esquire Supreme Court I .D. 77950 214 Senate Avenue Suite 105 Camp Hill, PA 17011-2336 (717) 763-8995 Counsel for Plaintiff . ii.'i%<_ ~ _< . , MARY M. MORAN, Plaintiff, v. PATRICK T. MORAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 00-5412 Civil 2000 IN DIVORCE ~'~i f . Complete Items 1 and/or 2 iar additional services. U) . CQmplete items 3, 4a, and 4b. m . Print your name and address on the reverse of this form so that w:a.can return this ~ card to you. ~-~- ~,_ . Attac~ this form to the front of the mailpiece, or on the back jf space does not : permIt. , . . Write MRetum Re~ipt. Requested" on the mal!piece below the article number. .G: . The Return Receipt will show to whom the article was delivered and the date ~ delivered. ,i 3'~~~KseT: Mor~ '} ,,'13 wA tk- M ']/vd Meefr:wldbbj'9 lit L" d /1();;w 5, Received By: (Print Name) nt) 1,,'# !I! PS Form 31111, December 1994 - .. .,; " ~ " <Jl a 0& M II: c ,~ 1ii II: '", c '.. ::l ~ o .:woo ~ if requested :' c .. .c I- 1 02595-9B-B"()229 Domestic Return Receipt <r "i '!'i",~~_~~__~_" ...."'_,.1f~tlf - """'~..~'"~~. ,"'J~~~~",,,,,,,,_ ~--=~ "-~,-""-"~,"",,*,,-~>,,,",,,-,,,.,,,,;~,, "'" "~,"'" -~ () - ~~ ( ] ! rr. 1 2~ oJ (:~ . -~ r" .. j ~ ,-,- "- C:=) > c: c: ~ ,:., I" '~J[Jf"Tl'lfnJi;r hlm1M!I(~ I!.!!!f!A!~,~~f'1,w.;v~~~~';>:1l\]!'~il':I(m'if-;f.ll~!ffliftl~IPM~~l!li!i!l!l ,>-,", -, ,-,-.- - - ,- - "',:' :I'T Illi - - ~"-= !I~.-,-< MARY M. MORAN, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW PATRICK T. MORAN, Defendant. No. 00-5412 Civil Term IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on August 3, 2000. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3, I consent to the entry of a final decree of divorce after service of intention to request entry ofthe decree. 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. S 4904 relating to unsworn falsification to authorities. O~T~ Date: ~ /1. ;u,oJ Patrick T. Moran Defendant "'.....".". '-""- ,~- ~ - -.'-" ill r.,~,~"""," -'.' .',T.' '0,'"""" . .,.""., -." .. ..~._.." ,., ,\!Il"...[III!p " ,_ ~__," b ,~__",r~fJlfit~~Il!!\1IIl'l . o c Z -0 ijj mE.;' z_u 2~ 5Q~~ , !;2C ?C) 20 >c ~ ~11 , ..' .. ....... N ..........~.... C) ~ ..,;;:.... ".r-- rTI c:i -";.iG; ;-,:2~J ~:'=;,rrl ~ "D "< ;;:~:': ~,. '-..0 U1 0::> >l1'~1'!.!I!fQ!llJilllQ!1IlJII!_r ~ " "~__,'_ T','" _ C , MARY M. MORAN, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW PATRICK T. MORAN, Defendant. No, 00-5412 Civil Term IN DIVORCE W AlYER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~ 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 1 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 by the prothonotary. 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, S 4904 relating to unsworn falsification to authorities, Q~7/H_L Patrick T. Moran Defendant Date: I)~ /~ 2-00) {/ ",'. - -, !lll ~~ ~~- '-~ ,-~~ -~:-. '-<'(: -,.' ." '0," " ",., ,~ ~. _ "c, , .,~~ ~ -. ""","'W" . .""' l"liit"~r~'" 0 <=> () C -'r! 5': ~ ..J 'ueS' c:: filn-, ~ ?::r.:: " "J ~~? .J:"" i.::~ ::";~d :;:::c :;'{';l-", ~;f~ )"c' -, ~" 2::-d '.0 );~c: :z: U1 5;" =< :0 <:0 -< iQlIII'<!_"\!l<"~~~,,,,,,,,, -~~~ ~--''':'~ ^_,.,__,n!llll!l_,;,,_,~~ 7'~ ~ _...rRl!if"lII"~~ !"~ ~- -~ - ~ MARY M. MORAN, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA v. CIVIL ACTION - LAW PATRICK T. MORAN, Defendant. No, 00-5412 Civil Term IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in divorce under Section 3301(c) ofthe Divorce Code was filed on August 3, 2000. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3, I consent to the entry of a final decree of divorce after service of intention to request entry ofthe decree. 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. S 4904 relating to unsworn falsification to authorities. Date: ..j-/t-jj ~lrf::J Plaintiff '! ilJi __ -~ - -~ .'''','-- ~, ~~-"" -" --^ ,,--- !!If ".". "~'"I .", ".".,' "".. ".~"_.", ,.,.,' " ...,'.""""..."...'. ^ - ,>~.. ~--~ ,', .'.e.' -'-,U=:',C.,'> " "'~~. - .. '~E-'i_"-m'~-/rY..---T'.:-'Ll-trk'.Tr--f_' ,_, ,_ tI!i~_ ~ _'",:' ~~""'"~., c (') Cl c:: (), ?' '1 "'V -.~_. L rh(~q ., ~if ""- """, .cr ,- C' --~ ;"'c; c:; ~Cj J:::... --i ~~) :s T 7C) :J;: ~t~? ').;:0 -c-- ':9 ...::..:;: ~ ~ =< 'C/1 :t>: 0:> ::n -< ..9', _~~~,_ I!I"""">J", , , , , MARY M. MORAN, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW PATRICK T. MORAN, Defendant. No. 00-5412 Civil Term IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~ 3301(c) OF THE DIVORCE CODE 1. 1 consent to the entry of a fmal decree of divorce without notice. 2. 1 understand that 1 may lose rights concerning alimony, division of property, lawyer's fees or expenses in 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 ofthe decree will be sent to me immediately after it is filed by the prothonotary. 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, S 4904 relating to unsworn falsification to authorities. Date: 5-/(prtJJ ~~ Plaintiff -il""'.... '~;- ._~,<_, .,'~<_ _"__e."._, _ ~___'~ _v,~ eo- ,^' ~-' l'il ~c ~.~""",.<,~'",,' " " ~ ,. , -',' ,",.- ~,~ .".~ __~ ''''ro_ < ""~~ .- ~," ~:., :""'~~!~~ . ,-,,,,"""'~"'-" ..", . ". . """""liiiir H'""'II',rnrt'''''''' (') C ;{? fr~; z:c, :Zl~~ CD ...--::' -<.e:.,: f-C' ~ ./ - C ~r--) >c ~ "!"",,, c:.' .,~, \.:; ~.::: ;:;;:.;: rJ r:: '-~~ ::ll; ~? (J1 00 , :~(i) .:,(~ --H ';CO ".;,,,.--;-i '-..I ::;:;! :;) -':'" JIlI_~"_~,. _' ,I. C''< State Commonwealth of Pennsvlvania Co.lCity/Dist. of CUMBERLAND Date of Order/Notice 08/14/01 Court/Case Number (See Addendum for case summary) ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT lJiZ, CrY -5'(//,;1- {l/0L. ;J;J(!.!:[C; 09 ;}j () -3 & 7 ~ ))1<- sot? ( o Original Order/Notice o Amended Order/Notice o Terminate Order/Notice ) RE: MORAN, PATRICK T. ) Employee/Obligor's Name (Last, First, MI) ) 391-42-4250 ) Employee/Obligor's Social Security Number ) 9839100817 ) Employee/Obligor's Case Identifier ) (See Addendum for plaintiff names associated with cases on attachment) ) Custodial Parent's Name (Last, First, MI) ) EmployerlWithholder's Federal EIN Number STACKPOLE BOOKS INC EmployerlWithholder's Name C/O KATHY BACHIK EmployerlWithholder's Address 5067 RITTER RD MECHANICSBURG PA 17055-6921 See Addendum for dependent names and birth dates associated with cases on attachment. ORDER /NFORMA T/ON: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 1,300.00 per month in current support $ 0.00 per month in past-due support Arrears 12 weeks or greater? Oyes @ no $ 0.00 per month in medical support $ 0.00 per month for genetic test costs $ per month in other (specify) for a total of $ 1,300 . 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: $ 300.00 per weekly pay period. $ 600.00 per biweekly pay period (every two weeks). $ 650 00 per semimonthly pay period (twice a month), $ 1,300.00 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 the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on pg. 2), If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PA YMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER JD (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT Sf NO CASH BY MAIL. BY THE COURT: Date of Order: AUG 1 Ii ?IIOl E)JttY!/(!> c - "'"v '13 Form EN-028 Worker 10 $IATT ServiceType M ~ f1 OMBNo.:0970-0154 Expiration Date: 12/31/00 '~~r.;![j~ ,=_ . \!i,~ " ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS o If checked you are required to provide a copy of this form to your employee, 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below, 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* R;~I-"_'ltil,g tilt::; Paydate/Date of\\'::tl.l.oldihg. You !lItiS! lepvll tIle payJate/dah::: vi vvitLLvlJihg vv I 11:;1 I sehdill5 tile 1'8.1111(.111. TLc: tJaydateldatt of vvillllr61dihg is tile dati:., vII vvl.i....L a.IIIQUllt vMS vvitl,l,dd h01l1 lIle eh1t-'lvyee's vva[!/..S. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments, 4. * Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you, Please provide the information requested and return a copy of this Order/Notice to the Agency identified below, WITHHOLDER'S ID: 2317025790 EMPLOYEE'S/OBLlGOR'S NAME: MORAN , PATRICK T. EMPLOYEE'S CASE IDENTIFIER: 9839100817 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7, Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law, Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Ahti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs, 9.' Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U's,c. 91673 (b)1; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE), ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. 10, 'NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. Requesting Agency: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 If you or your employee/obligor have any questions, contad WAGE ATTACHMENT UNIT by telephone at (717) 240.6225 or by FAX at (717) 240-6248 or by Internet @ Page 2 of 2 Form EN-028 Worker 10 $IATT Service Type M OMB No.: 0970-0154 Expiration Date: 12/31/00 '~"-,-, ." PACSES Case Number Plaintiff Name MARY M. MORAN Docket Attachment Amount 00::s4'i2 CIVIL$ 1,300.00 Child(ren)'s Name(s): Defendant/Obligor: 09210367~~t1(71 ADDENDUM Summary of Cases on Attachment MORAN, PATRICK T. PACSES Case Number Plaintiff Name DOB Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB D If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. D If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB D If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. D If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0,00 Child(ren)'s Name(s): DOB Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB bl~~~~~~~d,;~~:;~;~~~ir~~~;~~;~II;~~~hild(r:~). ,.' ,',.. .'.. ....,,' identified above in any health insurance coverage available through the employee's/obligor's employment. · dlf~~~~~:d:;~u~r~;:~~ired;~~~;ollt~~:~il~(ren) > ::(", identified above in any health insurance coverage available through the employee's/obligor's employment. Addendum Form EN-028 Worker ID $IATT SelVice Type M OMB No.: 097Q-0154 Expiration Date: 12/31/00 ;~n ,'<'~, ", - ~-"- . ill . ~.. ~-.-- ~ - - -" "" .w,",. ,.~~~~~.,.~ -""~~ '~'-'''I '''.", " 0 Cl C s: ~ ~, ,.1 CJ.:) f1l rr- GO , . Z :-L. :~~~ ~, l ". CD -_J -< f:::.. , -. , r' '-~ ~...,.-;. ",', )> .- ~- -ri C) ~ / () ~ .,- ("-, :11 )> ~.' :~.') ,_/ .",., ~ .,.. '1> ~lJ (]) -< h~-.._~~ r<""_~~i1i~~l~~. r.,. ~_~,M!f""'~~1\'!l~~~~'l!~""X"!li~!)~W'l~ll<!?EH""j,'1',,"f'<;W""""'\"%<P')""!"':"W'<'""~!"~D'!'~'!''':Ifl!i!_ffiilel3'''l!:ll'~'\'IWo'I'~Jll!'1rt''._, c>~. ."" ".~ " .. .. ." MARYM MORAN, plaintiff : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, : No, 00-5412 PATRICK T. MORAN, Defendant : CIVIL ACTION - AT LAW : DNORCE q.lT A T .nmm DOMESTIC' RET.A TIONS OR'Q)tR IT IS HEREBY ORDERED AS FOLLOWS: 1. Pursuant to Section 414(p) of the Internal Revenue Code, as added by Public Law 98-397 (Retirement Equity Act of 1984) an amount equal to fifty percent (50%) of the value of Defendant Patrick T. Moran's accrued vested interest in the Western Pension Plan for Salaried Employees (the "Plan") as of November 1, 2011, shall be assigned to Plaintiff Mary M, Moran. Name and Address of Participant: Patrick T. Moran 301 Chestnut Street Apt, #1714 Harrisburg, P A 17101 Date of Birth: October 22, 1946 Social Security Number: 391-42-4250 Name and Address of Alternate Payee: Mary M. Moran 73 White Oak Blvd, Mechanicsburg, P A 17055 Date of Birth: April 12, 1948 Social Security Number: 391-44-1836 The Participant and Alternate Payee have been married for more than one year, '!.1 .',~"'-, ""'~ ,., . . . , . . ' . . Percentage of Participant's Accrued Vested Benefit To Alternate Payee: An amount equal to fifty percent (50%) of the Defendant Patrick T. Moran's accrued vested interest in the Western Pension Plan for Salaried Employees. Period of Payments Pursuant: Lifetime ofthe alternate Payee, to commence on December 1, 2011 as per the agreement of the parties. Earliest Retirement Age: 55 years of age. Description of Plan to Which Order Will Apply: Western Pension Plan for Salaried Employees The judgment of the court incorporating this section shall constitute a Qualified Domestic Relations Order (the "Order") within the meaning of Section 401 (a)(13) and 414(p) of the Internal Revenue Code, 2, rOVF,NFNTS a, This Order does not require the Plan to provide any type or form of benefits, or any option, not otherwise provided under the Plan, and b, This Order does not require the Plan to provide increased benefits (determined on the basis of actuarial value), and c. This Order does not require the payment of benefits to the Alternate Payee under another Order previously determined to be a Qualified Domestic Relations Order. 3. DEAffiOF AT,TFRNATE PAYF.E- PROVTSTONFOR DFsmNATTONOF RENFFWTARY a. The Participant and Alternate Payee may designate a beneficiary with respect to their retirement benefits created and assigned herein prior to the benefits being in pay ']i.:",",. ~". ~ ~ , . I'R,"~. E' , . , . . . status, If not designated, the beneficiaries shall be the estates of Patrick Moran and Mary M. Moran, respectively. However, once the benefits are in pay status, the parties' entitlement to payments under the annuity ends upon their deaths. 4, TNTFNT)FD TAX TRFA'TMFNT OF mSTRTRlTTTONS OR P A VMFNTS a. The Alternate Payee shall include all of the taxable portion of said benefits if, as and when received in her gross income. For purposes of Sections 72 and 402(a)(9) of the Code, the Alternate Payee shall be treated as the distributee of any distribution or payment made to said Alternate Payee under this Order. Said benefits, when paid to the Alternate Payee, shall not be taxable income to the Participant or a deduction on the Participant's income tax return. 5. MTSrm.T ,A NPOTTS pROVTSTONS a. The Court retains jurisdiction to amend this Order, but only for the purposes of establishing or maintaining its qualifications as a Qualified Domestic Relations Order under the Retirement Equity Act; provided that no such amendment shall require the Plan to provide any type or form of benefit, or any option, not otherwise provided under the Plan, and further provided that no such amendment or the right of the Court to amend will invalidate this Order as "qualified" under the Act. b. A true! certified copy of this Order shall be served upon the Plan Administrator forthwith. The Order shall take effect immediately and remain in effect until further order of the Court. c. The Court further retains jurisdiction to supervise and enforce the payment of retirement benefits, as provided herein. -",- ,~~" "L . . APPROVED AS TO FORM: Ie . Costopoulos Att ey for par:Cir;t Dated: I 1. !J. Me . ssa eel Greevy Attorney fOlf!!5te Payee Dated: 7 ~ ';/7/6 ,.. 1. ~ ~ b a:u:,. ~ < Q. i1.J;j-'-. 4- _. .""MII" ,_ ~.,..,..,,!II!lI!! . - r---'-,"- '-,,,,,,>.., "~~;b~ """'iAbi;tI~~~_i;;;J:fl~'l!Ik~lli,~ilOi;~OZ".",-""ili>l~~~)j,'~i~~I<*i<it~~_~"" ~>- 0:: ~ ,''', " -"-;-:,' &~~='~ I, l,~ ,__ C)t.--_- j (", I.".,...".. _:,:: i !, p (",.1 C) m .~.,~d'ry'~0-'1'%'_' ~."-.,~,,,, r,~ '."M"'~ ,""'-. ~,_~ _~ ',- "'7' "'-. ~ ~" "~, ~ ,~. -' " ",,""'" -'~~"'-~~"--'-"-'rll.1J ~> ~.' OF ';', (~TAF1Y 0', Fr-" '7 ''" '\"- '_J MllI: S'< , ~ 0' '"E''''''' , l;1"":;~"\Uii\D CQlI~IT,( I"ENNS',LVAN/ ' '" ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 10/01/04 Tribunal/Case Number (See Addendum for case summary) RE: MORAN, PATRICK T. Employee/Obligor's Name (last, First, MI) o Original Order/Notice o Amended Order/Notke (8) Terminate Order/Notice Employeri\Vithholder's Federal EIN Number IJiI. .;1(tJ() -5Y1a- ~1/ jJ~ts. ~90J..1~ ~7S- 391-42-4250 Employee/Obligor's Social Security Number 9839100817 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (last, First MI) STACKPOLE BOOKS INC 5067 RITTER RD MECHANICSBURG PA 17055-6921 See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 0.00 per month in current support $ 0.00 per month in past-due support Arrears 12 weeks or greater? Oyes @ no $ 0.00 per month in medical support $ 0 . 00 per month for genetic test costs $ per month in other (specify) for a total of $ 0 . 00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 0 . 00 per weekly pay period. $ 0.00 per biweekly pay period (every two weeks). $ 0.00 per semimonthly pay period (twice a month). $ 0.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's! obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #10 on pg. 2). If remitting by EFl/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PA YMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAil. ",",I!!rl"";"i~-'~ I"~,:' ";1 ")" 'g I, [:".111 THE COURT: 2onf. i.",,);,. ,,,,,,,,,,..,",,' &,'".. OCi - .1,uu,-"7iJ"'::'" -or ,. et)uJJtfte/j G Date of Order: Service Type M OMB No.: 0970-0154 Form EN.028 Worker ID $IATT ~'i~ 1lJ!IlIl. " ADDITIONAL INfORMATION TO EMPLOYERS AND OTHER WITHHOLDERS D If .;;hecked you are required to provide a copy of this form to your, employee, If your employee works in,a state that is ditterent from the state that issued this order, a copy must be provided to your employee even If the box IS not checked. 1, We appreciate the voluntary compliance of Federally recognized indian tribes, tribally.owned businesses, and Indian-owned businesses located on a reseNation that choose to withhold in accordance with this notice. 2. Priotity: Withholding under this Order/Notice has priority over any other legal process under State law against the same income, Federal tax levies in effect before receipt of this order have priority. Ifthere are Federal tax levies in effect please contact the requesting agency listed below, 3, Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 4.' RepOlti"g the f'a,dat<liDate ofWilI,hold;"g, )'0" ,lwst ,""d,t II,,, pa,dal..'date of "itI,l,eoldi"8 "I,." sel,d;"g tl,. pay",,,,!. TI,c payda:t~/dat-.;;:; of nitlll.oleJihg i~ t1.{. da~ 0.1. nl.;..::!. 31Mh:lht nM nitl.I.'C:lJ flChll lLe elllplOyeof'S YYdge5. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments, 5.' Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligo, and you are unable to hono, 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 #1 0 below) 6. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and retum a copy of this Order/Notice to the Agency identified below. WITHHOLDER'S ID: 2317025790 EMPLOYEE'S/OBLlGOR'S NAME: EMPLOYEE'S CASE IDENTIFIER: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: MORAN, PATRICK T. 9839100817 DATE OF SEPARATION: 7. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 8. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs, 9. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 10,' Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.5.c. ~ 1673 (b)l; or 2) the amounts allowed by the State of the employee's1obligor's principal place of employment The Federal limit applies to the aggregate disposable weekly earnings (ADWE), ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. 11. Additional Info: 'NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. Submitted By: If you or your employee/obligor have any questions, DOMESTIC RELATIONS SECTION contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST by telephone at (717) 240-6225 or P.O. BOX 320 by FAX at (717) 240-6248 or CARLISLE PA 17013 by internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Worker ID $IATT Service Type M OMBNo.:0970-G154 ;'i""'",",~ ,~~ ,~ ~ ,~ 'C ifi 11, ~ 1l!_ll",~~,~~ ~" ". ,-- ""~ ~ '~3t'~i!1~~,t~1!; lJ1, A> ~~' ~ ':If ::I:::.. '~"~' ='''''''''r"''!I''1'''-'lJ'''"''';'~:\d.~I'tir'' - "'~ 'f'- 3\ ;:;:;- ~ ~. ~ "'" ~ ~, ;3, <:,>, ~ ~:~ <::::::0 ~, ~ ~. .,. <......\. '_"'....n~tIIJ!"l~~1~"~ 1i\'I!l.l~;-J\I!mI!ll~'_~iMffl<"1i"1imj"pyl~1'I'_'';-Oi~\i~~~~ff!!'!ll!ilmjfiill~~: