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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
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PENNA.
STATE OF
GINNY E. PENTZ,
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No.
00-8054
Plaintiff
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VERSUS
MICHAEL A. PENTZ,
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Defendant
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DECREE IN
DIVORCE
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, 2-6b2, IT IS ORDERED AND
AND NOW,
DECREED THAT
Ginnv E. Pentz
, PLAINTIFF,
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Michael A. Pentz
, DEFENDANT,
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ARE DIVORCED FROM THE BONDS OF MATRIMONY, The terms of the Marriage
Settlement Agreement entered into by the parties on February 5, 2002 are
in=rporated herein.
TH~ COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BE:EN ENTERED;
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KatWeen Carey Daley, Esquire
Counsel for Wife
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AGREEMENT
BETWEEN
GINNY E. PENTZ
AND
MICHAEL A. PENTZ
Carol J. Lindsay, Esquire
Counsel for Husband
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TABLE OF CONTENTS
SECTION 1:
Introduction ""...,....."""".",....""",..,.........."".,.,...,.. 3
SECTION II:
General Provisions .".............."",....,........".""",..."..,.,.." 4
SECTION III:
Alimony, Alimony Pendente Lite,
Custody and Child Support Provisions, . . . . . . , . . . . . . . . . . . . , , , , , . , , , . , , . . . . . . . . . . . 10
SECTION IV:
Property Distribution Provisions .""""",.......,...".,......,."""".", 11
SECTION V:
Closing Provisions and Execution .....,.......,.",...""",.".,......,.,.,., 15
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SECTION I
INTRODUCTION
THIS AGREEMENT made this ~ day of Ejbw~ 20oi, by and
between Ginny E. Pentz ("Wife") and Michael A. Pentz ("Husband").
WITNESSETH:
WHEREAS, Ginny E. Pentz, Social Security Number 184-48-8786, was born on Apri130,
1959, and currently resides at 236 Brindle Road, Mechanicsburg, Pennsylvania 17055,
WHEREAS, Michael A. Pentz, Social Security Number 166-46-3774, was born on June 10,
1955, and currently resides at 195 Woods Drive , Mechanicsburg, Pennsylvania
mmtt 17050.
WHEREAS, the parties hereto are Husband and WIfe, having been married on October 8,
1978, in Mechanicsburg, Cumberland County, Pennsylvania.
WHEREAS, the parties have two children, Jesse Michael Pentz, DOB 02/23/83, and Jordan
Lindsay Pentz, DOB 11/13/86.
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, the settling
of all matters between them relating to the ownership ofreal 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 mutual promises, set forth herein and for other
good and valuable considerations, Wife and Husband, each intending to be legally bound hereby
agrees as follows:
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SECTION II
GENERAL PROVISIONS
1. MUTUAL CONSENT DIVORCE
The parties intend to secure a mutual consent, no fault divorce pursuant to the provisions of
~3301(c) of the Divorce Code of 1980, as amended and will execute the documents necessary to
effectuate a divorce under those provisions concurrently with the execution of this Agreement,
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,
3. AGREEMENT TO BE INCORPORATED BUT NOT MERGED IN DIVORCE
DECREE
The provisions of this Agreement may be incorporated by reference but shall not be deemed
merged into any judgment or decree for divorce obtained by either party. This Agreement shall
survive any such final decree of divorce, shall be entirely independent thereof, and the parties intend
that all obligations contained herein shall retain their contractual nature in any enforcement
proceedings, whether enforcement is sought in an action on the contract itself or in any enforcement
action filed to the divorce complaint
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 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
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5. ADVICE OF COUNSEL
The provisions of this Agreement and their legal effect have been fully explained to Wife by
her attorney, KatWeen Carey Daley, Esquire, The provisions of this Agreement and their legal effect
have been fully explained to Michael A. Pentz by his attorney, Carol J, Lindsay, Esquire. The parties
acknowledge that they fully understand the facts and have been fully informed as to their legal rights
and obligations, and they acknowledge and accept that this Agreement is, in the circumstance, fair
and equitable and that it is being entered into freely and voluntarily, after having received such advice
and with such knowledge and that execution of this Agreement is not the result of any duress or
undue influence and that it is not the result of any collusion or improper or illegal agreement or
agreements.
6. TAX PROVISIONS
The parties believe and agree, and have been so advised by their respective attorneys, that the
division of property heretofore made by this Agreement is a non-taxable division of property between
co-owners rather than a taxable sale or exchange of such property, Each party promises not to take
any position with respect to the adjusted basis of the property assigned to him or her or with respect
to any other issue which is inconsistent with the position set forth in the preceding sentence on his
or her federal or state income tax returns.
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 indelll1lifY and hold harmless the other from and
against any loss or liability for any such tax 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.
7. PERSONAL RIGHTS
Wife and Husband may and shall, at all times hereafter, live separate and apart, They shall
be free from any contact, 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. Wife and Husband shall not molest, harass, disturb, or malign each other or the
respective families of each other nor compel or attempt to compel the other to cohabit or dwell by
any means whatsoever with him or her.
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8. MUTUAL RELEASES
Except as otherwise expressly provided by this Agreement:
A. Each party hereby absolutely and unconditionally releases and forever discharges the
other and the estate of the other for all purposes from any and all rights and obligations which either
may have, or at any time hereafter have for past, present or future support or maintenance, alimony
pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any other right or
obligation, economic or otherwise, whether arising out of the marital relationship or otherwise,
including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and
amendments, as well as under any other law of any other jurisdiction, except and only except all
rights, agreements and obligations of whatsoever nature arising or which may arise under this
Agreement or for the breach of any provision thereof Neither party shall have any obligation to the
other not expressly set forth herein,
B. Each party hereby absolutely and unconditionally releases and forever discharges the
other and his or her heirs, executors, administrations, assigns, property and estate from any and all
rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the
parties or otherwise, whether now existing or hereafter arising, The above release shall be effective
regardless of whether such claims arise out of any former or future acts, contracts, engagements or
liabilities or the other or by way of dower, courtesy, widow'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 Pennsylvania, any state,
connnonwealth or territory or the United States, or any other country, It is expressly understood,
however, that neither the provisions of this release nor the subsequent entry of a divorce decree are
intended to defeat the right of either party to receive any insurance proceeds at the death of the other
of which she or he is the named beneficiary (whether the beneficiary designation was made prior or
subsequent to execution hereof), nor to defeat the right of either party to receive any legacy, bequest
or residuary portion of the other's estate under his or her will, or to act as personal representative or
executor if so named by the will of the other, whether such will was executed prior or subsequent to
this Agreement.
C. Except for any cause of action for divorce which either party may have or claim to
have, and except for the obligations of the parties contained in this Agreement and such rights as are
expressly reserved herein, each party gives to the other by the execution of this Agreement an
absolute and unconditional release and discharge from all causes of action, claims, rights or demands
whatsoever, in law or in equity, which either party ever had or now has against the other.
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9. FINANCIAL DISCLOSURE
The parties have disclosed to each other and they are each aware of the extent of each other's
income, assets, liabilities, holdings and estate. Each of the parties acknowledges that he or she is
aware of his or her right to seek discovery including, but not limited to, written interrogatories,
motions for production of documents, depositions and all other means of discovery permitted under
the Pennsylvania Rules of Civil Procedure, Each party is satisfied that no additional information is
necessary for the execution of this Agreement,
10. PRESERVATION OF RECORDS
Each party will keep and preserve for a period offour (4) years from the date of their divorce
decree all financial records relating to the marital estate, and each party will allow the other party
access to those records in the event of tax audits.
11. 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 or any breach hereof or default hereunder shall be deemed a
waiver of any subsequent default of the same or similar nature.
12. RIJ:MEDIES IN THE EVENT OF A BREACH
Any party breaching this Agreement shall be liable to the other party for all costs, including
reasonable counsel fees incurred by the non breaching party to enforce his or her rights under the
provisions of this Agreement subsequent to the date of execution of this Agreement, regardless of
whether litigation is instituted. In the event of default of any of the provisions of this Agreement by
one of the parties, the remedies available to the other are cumulative and include all remedies at law
and in equity, including those for breach of contract, under theories or equity, under the Domestic
Relations Code as amended, including ~ 3105 of the Domestic Relations Code (which includes
contempt) as if this Agreement had been an Order of Court, and shall not be limited to those remedies
specifically referred to in this Agreement
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13. LAW OF PENNSYL VANIA APPLICABLE
This Agreement shall be construed in accordance with the laws of the Connnonwealth of
Pennsylvania.
14. AGREEMENT BINDING ON HEIRS
Except as may otherwise be provided, this Agreement shall be binding and shall inure to the
benefit of the parties hereto and their respective heirs, executors, administrators, successors, and
assigns,
15. INTEGRATION
This Agreement constitutes the entire understanding of the parties and supersedes any and all
prior agreements and negotiations between them, There are no representations or warranties other
than those expressly set forth herein.
16. OTHER DOCUMENTATION
Wife and Husband covenant and agree that they will forthwith (within ten (10) days at most
after demand thereof) execute any and all written instruments, assigmnents, releases, satisfactions,
deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of
this Agreement.
17. NO WAIVER OF DEFAULT
This Agreement shall remain in full force and effect unless and until terminated under and
pursuant to the terms of this Agreement, The failure of either party to insist upon strict performance
of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to
enforce the same, nor shall the waiver of any breach of any provision hereofbe construed as a waiver
of any subsequent default of the same or similar nature, nor shall the waiver of any breach of any
provision hereof be construed as a waiver of strict performance of any other obligations herein.
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18. SEVERABILITY AND INDEPENDENT AND SEPARATE COVENANTS
The parties agree that each separate obligation contained in this Agreement shall be deemed
to be II separate and independent covenant and agreement 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. Likewise, the
failure of any party to meet her or his obligations under anyone or more of the paragraphs herein,
with the exception of the satisfaction of any conditions' precedent, shall in no way avoid or alter the
remaining obligations of the parties.
19. MANNER OF GIVING NOTICE
Any notice required by this Agreement to be sent to Wife shall be sent by certified mail, return
receipt requested, to Ginny E. Pentz, 236 Brindle Road, Mechanicsburg, Pennsylvania 17055, or
counsel for Ginny E. Pentz, or such other address as Wife from time to time may designate in writing.
Any notice required by this Agreement to be sent to Husband shall be sent by certified mail,
return receipt requested, to Michael A Pentz,
Mechanicsburg, Pennsylvania 17055, or counsel for Michael A Pentz, or such other address as
Husband from time to time may designate in writing.
20. 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
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SECTION ill
ALlMONY, ALlMONY PENDENTE LITE,
CUSTODY AND CHILD SUPPORT PROVISIONS
1. ALlMONY/ALlMONY PENDENTE LITE
A Amount and Term of Alimonv - Husband shall pay to Wife the sum of Six Hundred
Fifty ($650.00) Dollars, per month, commencing on the first day of the first month immediately
following the Decree in Divorce, and ending the month that Jordan graduates from high school, which
is anticipated to be June 2006.
B. Modification of Alimonv - The parties agree that this award of alimony may be
modified by Husband only in the event he receives a substantial involuntary reduction in his income
or earning capacity. In the event Husband files for a decrease in the alimony payment, Wife may
immediately file a complaint for support with the Domestic Relations Office. The parties further
agree that payments shall terminate upon the death of Wife or the death of Husband. No other
condition shall be the basis for tennination of these payments.
C. Tax Treatment - These payments shall be income to Wife under Section 71 of the
Internal Revenue Code and deductible to Husband under Section 215 of the Internal Revenue Code.
2. CUSTODY
Jordan Lindsay Pentz shall continue in the primary physical custody of Wife. The parties shall
legal custody of this child and shall cooperate in important life decisions concerning this child.
Husband agrees to periods of partial custody of every other weekend, commencing Saturday
morning and ending Sunday afternoon with Jordan, Husband also agrees to a period of partial custody
one evening per week, the time and date of which shall be coordinated between the parties on a
weekly basis.
The parties also acknowledge that their son, Jesse Michael Pentz, is eighteen years of age and,
therefore, no longer a minor. However, to the extent feasible, the parties agree to cooperate in
encouraging and supporting Jesse to maintain regular contact with each of his parents,
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3. CHILD SUPPORT
The parties have agreed to the express contractual provisions set forth herein as a free and
voluntary act. In the event that wife would seek child support through a court action during the term
of this contract, the provisions of alimony as set forth herein would become null and void and Wife
would have no further claim for alimony.
Husband agrees to continue to provide health insurance for the children for so long as he
rernains eligible for that coverage through his employer In the vent that Wife can provide health
coverage for the children at no or minimal cost, she agrees to provide medical coverage for the
children.
All medical expenses for the minor child after the $250 deductible and the reimbursement of
insurance coverage shall be allocated 67 percent to Husband and 33 percent to Wife.
SECTION IV
PROPERTY DISTRIBUTION PROVISIONS
1. PERSONAL PROPERTY
Husband and Wife do hereby acknowledge that they have previously 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. Wife agrees that all of the property in the possession of Husband shall be the sole and
separate property of Husband; and Husband agrees that all of the property in the possession of Wife
shall be the sole and separate property of Wife. The parties do hereby specifically waive, release,
renounce and forever, abandon any claims which either may have with respect to the above items,
which shall thereafter be the sole and exclusive property of the other,
2. RETIREMENT BENEFITS
Each party has acquired retirement benefits during the course of this marriage. Husband and
Wife agree that they have received full disclosure of any and all information necessary to value these
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retirement benefits for the purposes of a divorce. The parties specifically waive and release any claim
of any nature to the retirement benefit of the other wheresoever situate, This shall include employer
provided benefits as well as individual retirement plans and other self-funded retirement benefits,
The following shall be Husband's property free of any claim of Wife:
A) Ahold Pension and 401(k) plan for Hourly Associates, and
B) Husband's Prudential IRA Account
The following shall be Wife's property free from any claim of Husband:
A) PSERS Pension,
B) Wife's Prudential IRA Account
3. BANK ACCOUNTS
The parties agree that all bank accounts shall be the sole and separate property of the party
in whose name said account is Registered, Hereinafter, all accounts in Husband's name shall be his
sole and separate property, free from any claim of any nature of Wife, and any bank accounts in
Wife's name shall be her sole and separate property, free from any claims from Husband,
The parties specifically agree that they had a savings account with Harris Savings at the time
of separation and that this account was split equally between the parties.
4. AUTOMOBILES/VEIDCLES/BOA TS
The 1992 Dodge Caravan owned by the parties shall be the sole and separate property of
Wife. Husband agrees to execute any documents necessary to transfer this vehicle to Wife's name.
Husband shall be the sole and separate owner of the 1984 Chevrolet Blazer and the 1982 boat
owned by the parties as marital property. Wife shall execute any documents necessary to effectuate
the transfer of these vehicleslboats upon the request of Husband,
5. CURRENTLMBaITIES
The parties agree and acknowledge that with the exception of the liabilities that are detailed
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in paragraph 9, regarding the real estate, that all other joint liabilities have been satisfied, Each party
agrees that any liability that he or she has accumulated since separation shall be the sole and separate
obligation of the party who has incurred the liability, Each party shall indemnifY and hold the other
harmless from any liability related to these outstanding debts.
6. PAYMENT OF LEGAL FEES
Husband agrees to pay to pay to Wife the sum of Seven Hundred ($700.00) Dollars toward
her legal fee expense, This payment shall be made to Wife from the proceeds that Husband will
receive from the sale of the marital home,
7. AFTER-ACOUIRED PROPERTY
Each of the parties shall hereafter own and enjoy, independently of any claim or right of the
other, all items of property, be they real, personal or mixed, tangible or intangible, which are acquired
by him or her after execution of this Agreement, with full power in him or her to dispose of the same
as fully and effectively, in all respects and for all purposes, as through he or she were unmarried.
Husband agrees that the real property purchased by Wife, known as 236 Brindle Road,
Mechanicsburg, Cumberland County, Pennsylvania, is and shall remain the sole and separate property
of Wife, Husband acknowledges that he has no legal or equitable interest in this property,
Wife agrees that the real property purchased by Husband, known as 195 Wooo.s Drive,
Meehan; cRhllrg, PFmn"y1",m;" 170<;0 , is and shall remain the sole and separate
property of Husband. Wife acknowledges that she has no legal or equitable interest in this property.
8. MUTUAL FUND ACCOUNT
Husband and Wife agree and acknowledge that they were the owners of a joint mutual fund
account with Prudential prior to separation. The parties agree that this account has been liquidated
and all proceeds were distributed to Wife. The parties further agree that there were capital gains
which arose as the result of the sale of this property and that they shall cooperate in the filing of tax
returns and the payment of all tax obligations related to these assets. The parties acknowledge that
an escrow of $4,000 has been set aside to cover the tax liability on this obligation. The parties agree
that they shall file their 2001 tax returns in the most advantageous manner so as to pay the least
amount of tax. The costs of the tax preparation shall be paid from the escrow. In the event a balance
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remains in the escrow account after the tax liability is satisfied, the parties agree that said balance shall
be equally divided between Husband and Wife.
9. REAL ESTATE
The parties acknowledge that they are the owners of certain real property known as 295
South Locust Point Road, Mechanicsburg, Pennsylvania 17055, The parties further agree and
acknowledge that this home is under a contract of sale. The parties have agreed that the proceeds of
the sale of said house shall be distributed as follows:
(1) The outstanding home equity loans, which have pennitted Husband to
purchase a property since separation and have resulted in Wife purchasing a home
since separation shall be paid in full. It is anticipated that the outstanding amounts due
and owing on these home equity loans are approximately equal,
(2) All costs of sales shall be deducted from the balance, This shall include
repairs to the septic system that were necessitated in order to convey this property.
(3) Four Thousand ($4,000) Dollars shall beheld in a joint escrow account
for the benefit of the parties, These funds shall be used to pay any tax liability related
to the liquidation of stock that occurred incident to the separation, Any amounts not
expended in the payment of this tax liability shall be split equally between the parties.
The amounts held in escrow shall also be used for the costs related in tax preparation
and the parties agree to use the same tax preparer and to cooperate in the filing of the
returns so as to minimize the total tax liability.
(4) The balance shall be distributed such that each party shall receive 50
percent of the marital estate, The following asset values shall be used in the
detennination of this calculation:
a.) Mutual Funds $86,071
b) IRA (Husband) $36,330
c) IRA (Wife) $ 2,128
d) Ahold Pension $11,000
e) 401(k) (Husband) $30,532
t) Wife's Pension $ 5,000
g) Sale Proceeds ofMR $63,361
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Wife shall be credited with the receipt of the stock, her IRA, her pension, and
a cash payment in the amount of $24,017,00 from the sale proceeds of the Marital
Residence. This distribution shall provide Wife with fifty (50%) percent of the total
marital estate, Husband shall be credited with his IRA, his Ahold pension, his 40 1 (k),
and a cash payment of$39,344,00 from the sale proceeds of the Marital Residence,
This distribution shall provide Husband with fifty (50%) percent of the total marital
estate.
SECTION V
CLOSING PROVISIONS AND EXECUTION
Each of the parties has carefully read and fully considered this Agreement and all of the
statements, terms, conditions, and provisions thereof prior to signing below.
IN WITNESS WHEREOF, intending to be legally bound hereby, the parties hereto have
set their hands and seals on the date indicated below,
: J.d/h~ C~
GINNYR P Z
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DATE
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MICHAEL A. PENTZ
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DATE
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GINNY E. PENTZ,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v,
: NO, 00-8054
MICHAEL A PENTZ,
Defendant
: IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record together with the following information, to the court for entry of a
divorce decree:
1. Ground for divorce: irretrievable breakdown under g3301(c) of the Divorce Code,
2, Date and manner of service of the complaint: November 17, 2000; certified mail,
restricted delivery,
3, (Complete either paragraph (a) or (b),)
(a) Date of execution ofthe affidavit of consent required by g3301(c) of
the Divorce Code: by Plaintiff: May 17, 2002; by Defendant: May 17, 2002,
(b)(l) Date of execution of the affidavit required byg3301(d) oftheDivorce.
Code: N/ A; (2) Date of filing and service of the Plaintiffs Affidavit upon the
respondent: N/ A,
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4. Related claims pending: None,
5, (Cornplete either (a) or (b).)
1!II.'1',;::)
(a) Date and manner of service of the notice of intention to file praecipe to
transmit record; a copy of which is attached: N/A.
(b) Date Plaintiff's Waiver of Notice in S3301( c) Divorce was filed with the
Prothonotary: May 24, 2002,
Date Defendant's Waiver of Notice in S3301(c) Divorce was filed with
the Prothonotary: May 24, 2002,
athleen Carey Daley, Es
Attorney No, 30078 i
1029 Scenery Drive
Harrisburg, P A 17109
(717) 657-4795
Attorney for Plaintiff
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GINNY E PENTZ,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 00 - cPO ';)1-/
(?,u~L'-r~
v.
MICHAEL A. PENTZ,
Defendant
: IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
YOU HAVE BEEN SUED IN COURT, If you wish to defend against the claims set forth .
in the following pages, you must take prompt action. You are warned that if you fail to do so, the
case may proceed without you and a decree of divorce or annuhnent may be entered against you by
the Court, A judgment may also be entered against you for any other claim or relief requested in
these papers by the Plaintiff. You may lose money or property or other rights important to you,
including custody or visitation of your children.
When the ground for the divorce is indignities or irretrievable breakdown of the marriage,
you may request marriage counseling. A list of marriage counselors is available in the office of the
Prothonotary, Cumberland County Courthouse, 1 Courthouse Square, 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 Legal Services, Inc,
8 Irvine Row
Carlisle, Pennsylvania 17013
(717) 243-9400
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Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas
expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la
demanda y la notificacion, U sted debe presentar una apariencia escrita 0 en persona 0 por abogado
y archivar en la corte en
forma escrita sus defensas 0 sus objeciones a las demandas en contra de su persona. Sea avisado que
si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo
aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion do demanda. Usted
puede perder dinero 0 sus propiedades 0 otros derechos importanates para usted.
LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE
ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE P AGAR TAL SERVICIO, VA Y A
EN PERSONA 0 LLAME POR TELFONO A LA OFICINA CUY A DIRECC10N SE
ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR
ASISTENCIA LEGAL
Cumberland County Legal Services, Inc.
8 Irvine Row
Carlisle, Pennsylvania 17013
(717) 243-9400
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GINNY E. PENTZ,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
v,
/U ""', /? . :0 ...,-~
: NO. VlJ. 60S.. ~ 1..1.
MICHAEL A. PENTZ,
Defendant
: IN DIVORCE
COMPLAINT IN DIVORCE UNDER
SECTION 3301(c) OR SECTION 3301(d)
OF THE DIVORCE CODE
AND NOW comes the above Plaintiff, Ginny E. Pentz, by her attorney, Kathleen Carey
Daley, Attorney at Law, and seeks to obtain a decree in divorce from the above-named Defendant,
upon the grounds hereinafter set forth:
1. The Plaintiff, Ginny E, Pentz, is an adult individual who resides at 295 South Locust
Point Road, Mechanicsburg, Cumberland County, Pennsylvania 17055,
2. The Defendant, Michael A. Pentz, is an adult individual who resides at 295 South
Locust Point Road, Mechanicsburg, Cumberland County, Pennsylvania 17055.
3. The Plaintiffhas been a bona fide resident of the Commonwealth of Pennsylvania for
at least six (6) months immediately prior to the filing of this Complaint
4, The Plaintiff and Defendant were married on October 8, 1978, in Mechanicsburg,
Pennsylvania.
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5. The Plaintiff and Defendant are both citizens of the United States of America.
6. There have been no prior actions in divorce between the parties.
7, The Plaintiff and Defendant are not rnernbers of the Armed Services of the United
States or any of its allies,
8. Plaintiff has been advised of the availability of counseling and that she rnay have the
right to request that the Court require the parties to participate in counseling.
9, The causes of action and sections of Divorce Code under which Plaintiff is
proceeding are:
A. Section 3301(c), The rnarriage of the parties is irretrievably broken,
After ninety (90) days have elapsed from the date of the filing of this Complaint,
Plaintiff intends to file an Affidavit consenting to a divorce, Plaintiff believes that
Defendant may also file such an Affidavit
B. Section 3301(d). The marriage of the parties is irretrievably broken,
The Plaintiff and Defendant separated on October 9, 2000.
WHEREFORE, the Plaintiff prays your Honorable Court to enter a Decree in Divorce from
the bonds of matrimony.
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I veriry 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,A. ~4904 relating to unsworn
falsification to authorities,
BY:~fl1~ C~~~
Ginny K Pentz, aintiff
Date: /1- 9-00
By:
athleen Carey Daley,
ttorney No, 30078
1029 Scenery Drive
Harrisburg, PA 17109
(717) 657-4795
Attorney for Plaintiff
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GINNY E, PENTZ,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
: NO, 00-8054
MICHAEL A. PENTZ,
Defendant
: IN DIVORCE
AFFIDAVIT OF SERVICE
Kathleen Carey Daley, Esquire, being duly sworn according to law, deposes and says that
she is an attorney at law duly authorized to practice in the Commonwealth of Pennsylvania, and that
on the 17th day of November, 2000, she did serve upon Michael A, Pentz, the Defendant in the
foregoing case, a true and correct copy of the Complaint in Divorce by sending to him, by certified
mail, restricted delivery, to 295 South Locust Point Road, Mechanicsburg, PA 17055, The receipt
for said Complaint is attached,
Said copy of the Complaint was duly endorsed with notice to Defendant to appear and answer
or the matter would proceed without him,
sw~ to and subscribed before me this
~day of 2002
By:
athleen Carey Daley, Es
ttorney No. 30078
1029 Scenery Drive
Harrisburg, P A 17109
(717) 657-4795
Attorney for Plaintiff
NOTARIAL SEAL
PATAICIAA, PATTON. Notary Public
Lower Paxton Twp,. Dauphin County
M Commission Expires June 20, 2002
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GINNY E. PENTZ,
Plaintiff
: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
v,
: NO. 00-8054
MICHAEL A. PENTZ,
Defendant
: IN DIVORCE
WAIVER OF NOTICE OF INTENTION
TO REQUEST ENTRY OF A DIVORCE DECREE
UNDER S330HC) OF THE DIVORCE CODE
1, I consent to the entry of a final decree of divorce without notice,
2, I understand that! rnay 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 with 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,A. g4904 relating to unsworn
falsification to authorities,
Date:
5/1-1 It? Z-
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GINNY E PENTZ,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
: NO. 00-8054
MICHAEL A PENTZ,
Defendant
: IN DIVORCE
AFFIDAVIT OF CONSENT
L A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
November 14, 2000,
2, The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have
elapsed from the date of filing and service of the Complaint
3, I consent to the entry of a final decree of divorce after service of notice of intention to
request entry of the decree,
I verifY that the statements. made in this Affidavit are true and correct I understand that false
statements herein are made subject to the penalties of 18 Pa,C's,A 9490.4 relating to unsworn
falsification to authorities,
Michael A Pentz, Defendant
Social Security No./{,& - lib - 3"7r4
Date: S / 1'7 It! Z-
/ I
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Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
v.
: NO, 00-8054
MICHAEL A PENTZ,
Defendant
: IN DIVORCE
WANER 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 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 with 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.A. 94904 relating to unsworn
falsification to authorities.
Date: S- /7- CD
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GINNY E, PENTZ,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v,
: NO. 00-8054
MICHAEL A. PENTZ,
Defendant
: IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
November 14, 2000.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have
elapsed from the date of filing and service of the Complaint.
3, I consent to the entry of a fmal decree of divorce after service of notice of intention to
request entry of the decree,
I verifY that the statements made in this Mfidavit are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa,C,S,A. 94904 relating to unsworn
falsification to authorities,
Date: 5 ~ /7- (f;>.
By: {~:X2~~
Ginny E, Pentz, laintiff
Social SecurityNoJ~7" 'IP f7J'"
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GINNY R PENTZ,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL V ANlA
CIVIL ACTION - LAW
v,
NO. 00-8054 CIVIL TERM
MICHAEL A PENTZ,
Defendant
IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
YOU HA VB BEEN SUED IN COURT. If you wish to defend against the claims set forth
in the following pages, you must take prompt action. You are warned that if you fail to do so, the
case may proceed without you and a decree of divorce or annulment may be entered against you by
the Court. A judgment may also be entered against you for any other claim or relief requested in
these papers by the Plaintiff. You may lose money or property or other rights important to you,
including custody or visitation of your children.
When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you
may request marriage counseling. A list of marriage counselors is available in the office of the
Prothonotary, Cumberland County Courthouse, 1 Courthouse Square, 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 LA WYER AT ONCE, IF YOU DO NOT
HA VB 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 Legal Services, Inc.
8 Irvine Row
Carlisle, P A 17013
(717) 243-9400
.~ - ~" ~,=~. .,".- '" ""..-,.-~- ,':," ,'~ ',"--, -.", ,..,-.;o,.'~:i
NOTIClA
Le han demandado a usted en la corte, Si usted quiere defenderse de estas demandas
expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la
demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado
y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su
persona, Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden
contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion
do demanda, Usted puede perder dinero 0 sus propiedades 0 otros derechos importanates para usted.
LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE
ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, V AY A
EN PERSONA 0 LLAME POR TELFONO A LA OFICINA CUY A DIRECCION SE
ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR
ASISTENCIA LEGAL.
Cumberland County Legal Services, Inc.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
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GINNY E, PENTZ,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
: NO. 00-8054 CIVIL TERM
MICHAEL A PENTZ,
Defendant
: IN DIVORCE
AMENDED COMPLAINT IN DIVORCE UNDER
SECTIONS 3301(c) OR 3301(d)
OF THE DIVORCE CODE
AND NOW, comes the Plaintiff, Ginny E. Pentz, by her attorney, KatWeen Carey Daley,
Esquire, and files this Amended Complaint in Divorce seeking to obtain a decree in divorce from the
above-referenced Defendant pursuant to Sections 3301(c) or 3301(d) of the Divorce Code and sets
forth the following:
COUNT I
EQUITABLE DISTRIBUTION
1. Paragraphs 1 through 9 of the original Complaint in Divorce filed November 14, 2000,
is incorporated herein by reference thereto.
2. Plaintiff and Defendant have acquired property, both real and personal during their
marriage from the date of their marriage until the date of their separation.
3. Plaintiff and Defendant have been unable to agree as to an equitable division of said
property.
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WHEREFORE, Plaintiff requests your Honorable Court to equitably divide all marital
property
COUNT II
ALIMONY
4. Paragraphs 1 through 9 of the original Complaint in Divorce filed November 14, 2000,
is incorporated herein by reference thereto.
5. Plaintiff lacks sufficient property to provide for her reasonable means and is unable
to support herself through appropriate employment.
6. Plaintiffrequires reasonable support to adequately maintain herselfin accordance with
the standard ofliving established during the marriage.
WHEREFORE, Plaintiff requests your Honorable Court to enter an award of alimony in
favor.
COUNT ill
ALIMONY PENDENTE LITE, COUNSEL FEES, COSTS
AND EXPENSES
7. Paragraphs 1 through 9 of the original Complaint in Divorce filed November 14, 2000,
is incorporated herein by reference thereto.
8. Defendant earns in excess of$35,000.00 gross per year and has assets which have not
yet been ascertained.
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9. Plaintiff has employed counsel, but is unable to pay the necessary and reasonable
attorney's fees for said counsel.
1 o. Plaintiff is unable to sustain herself during the course of this litigation.
WHEREFORE, Plaintiff requests your Honorable 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.
I verifY that the statements made in this Amended Complaint in Divorce are true and correct.
I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. ~4904
relating to unsworn falsification to authorities.
Date:
1-{ /?J! 01
I J
By: (1dfP~ C Y&:is
Ginny E. PetW:
By:
KlI Ween Carey Daley, E q.
Attorney No, 30078
1029 Scenery Drive
Harrisburg, PA 17109
(717) 657-4795
Attorney for Plaintiff
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GINNY K PENTZ,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
v,
: NO, 00-8054
MICHAEL A. PENTZ,
Defendant
: IN DIVORCE
PRAECIPE
TO THE PROTHONOTARY:
Please withdraw Count I, Equitable Distribution, Count II, Alimony, and Count ill, Alimony
Pendente Lite, Counsel Fees, Costs and Expenses, from Plaintiff s Amended Complaint in Divorce,
Respectfully submitted,
thleen Carey Daley, Es
ttorney No. 30078
1029 Scenery Drive
Harrisburg, P A 17109
(717) 657-4795
A W OFFICES
Date:
Jjddl{i~
By:
Attorney for Plaintiff
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GINNY E, PENTZ,
PlaintiffJpetitioner
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
NO. 00-8054 CIVIL TERM
MICHAEL A PENTZ,
Defendant/Respondent
IN DIVORCE
pft(5;'Z-!Z Sa.SID33l/7
J\.e- 3167 if
PETITION TO HEAR ALIMONY PENDENTE LITE CLAIM
AND NOW, comes Plaintiff, Ginny E. Pentz, by and through her attorney, KatWeen Carey
Daley, Esquire, and sets forth the following:
1. The Petitioner is Ginny E. Pentz, an adult individual who currently resides at 236
Brindle Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. Her date of birth is April
30, 1959 and her Social Security Number is 184-48-8786.
2. The Respondent is Michael A Pentz, an adult individual who currently resides at 295
South Locust Point Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. His date of
birth is June 10, 1955 and his Social Security Number is 166-46-3774,
3. An amended complaint in divorce was filed on April 3, 2001, raising the economic
claims of equitable distribution, alimony, alimony pendente lite, counsel fees and costs and expenses.
4. The Petitioner requests that the Cumberland County Domestic Relations Office
schedule a hearing on the issue of alimony pendente lite.
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WHEREFORE, Petitioner prays this Honorable Court to schedule a hearing on the issue of
alimony pendente lite.
Respectfully submitted,
DALEY LAW OFFICES
K tWeen Carey Daley, Esq I
Attorney No. 30078
1029 Scenery Drive
Harrisburg, P A 17109
(717) 657-4795
Attorney for Petitioner
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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.
Court Administrator
Fourth Floor
Cumberland County Courthouse
Carlisle, PA 17013
(717) 240-6200
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilities Act of 1990, For information about accessible facilities and reasonable
accommodations available to disable individuals having business before the Court, please contact our
office. All arrangements must be made at least 72 hours prior to any hearing or business before the
Court. You must attend the scheduled conference or hearing,
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P ACSES In 525103347
GINNY E. PENTZ,
Plaintiff/Petitioner
vs.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: DOMESTIC RELATIONS SECTION
: CIVIL ACTION - LAW
MICHAEL A. PENTZ,
Defendant/Respondent
: NO. 00-8054 CIVIL TERM
ORDER OF COURT
AND NOW, this 7th day of May, 2001, based upon the Court's determination that Petitioner's
monthly net income/earning capacity is $1,025.72 per month and Respondent's monthly net
income/earning capacity is $2,491.67 per month, it is hereby Ordered that the Respondent pay to the
Pennsylvania State Collection and Disbursement Unit, $230.00 per month payable monthly as
follows; $207.00 per month for alimony pendente lite and $23.00 per month on arrears. Arrears set at
$414,00 as of May 7th, 2001. The effective date of the order is April 3, 2001.
This order is based upon the conference scheduled on April 3, 2001 before Conference Officer
David Hatch and Wife withdrawing her complaint for spousal support.
Failure to make each payment on time and in full will cause all arrears to become subject to
immediate collection by all of the means as provided by 23 Pa.C.S.g 3703. Further, if the Court
finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare
the Respondent in civil contempt of Court and its discretion make an appropriate Order, including,
but not limited to, commitment of the Respondent to prison for a period not to exceed six months,
Said money to be turned over by the P A SCDU to: Ginny E. Pentz. Payments must be made
by check or money order. All checks and money orders rnust be made payable to P A SCDU and
mailed to:
P A SCDU
P.O, Box 69110
Harrisburg, PA 17106-9110
Payments must include the defendant's P ACSES Member Number or Social Security Number in
order to be processed. Do not send cash by mail.
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Respondent to provide medical insurance coverage
This Order shall become fmal ten days after the mailing of the notice of the entry of the Order
to the parties unless either party files a written demand with the Prothonotary for a hearing de novo
before the Court,
DRO: R. 1. Shadday
Mailed copies on
8-((-01 to: <
riJ
BY THE COURT,
Petitioner
Respondent
Kathleen Carey Daley, Esquire
Carol Lindsay, Esquire
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ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT
lSb;"';;~;'.;\.$?6$1t(]-('P'Ai-
State Cnmmonwealth of Pennsylvania ~/!a<;f'> c 6-;tl5/D33rl? o Original Order/Notice
Co./City/Dist of CUMBERLAND j)/C.' .3 m-? JY . Q Amended Order/Notice
Date of Order/Notice 05/04/01 ]ji !C)/ $cJ/!)V! n Terminate OrderlNotice
Court/Case Number (See Addendum for case summary) /J/JeC;'ZS 9Q'1llJd 63 r;
61L30l/XE
) RE: PENTZ, MICHAEL A. I
) Employee/Obligor's Name (Last, First, MI)
)
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EmployerlWithholder's Federal EIN Number
GIANT ~OOD STORE LLC *
Employer/Withholder's Name
C/O PAYROLL DEPT
Employer/Withholder's Address
PO BOX 249
CARLISLE PA 17013-0249
, ~ ,~
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166-46-3774
Employee/Obligor's Social Security Number
5088100691
Employee/Obligor's Case Identifier
(See Addendum for plaintiff names associated with cases on attachment)
Custodial Parent's Name (last, First, MI)
See Addendum for dependent names and birth dates associated with cases on attachment.
ORDER INFORMA TlON: This is an Order/Noti<:e to Withhold In<:ome 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 in<:ome until further notice even if the Order/Notice is not
issued by your State,
$ 491.00 per month in current support
$ 45. 00 per month in past,duesupport Arrears 12 weeks or greater? Qyes @ no
$ 0.00 per month in medical support
$ 0.00 per month for genetic test <:osts
$ per month in other (specify)
for a total of $ 536.00 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:
$ 123.69 per weekly pay period,
$ 247.38 per biweekly pay period (every two weeks),
$ 268.00 per semimonthly pay period (twice a month),
$ 536.00 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 lim itation 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,
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 10 (shown
above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED.
DO NOT SEND CASH BY MAIL.
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Make Remittance Payable to: PA SCDU
DRO: RJ Shadday
xc: deferrlant
Date of Order:
May 7. 2001
Service Type M
BY THE COURT:
JUJX;E
Form EN-028
Worker 10 $IATT
OMB No.: 0970.0154
Expiration Date: 12131/00
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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 OrderINotice 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.:1( Repoltillg tl.e Paydcite}Dare of \\fitl.l.oldL 15. You Ilrb'3llepolt tll'= paydatc/Ja.l,= of vvitllllvlJilrg vvllel. '3elldillg tl.,= poyhlCI.t. TI.e
pAyJahddaK of YY;t1.1.0Idii'5 is tLe dAt<:;; 01. vvL;d. alllOUJlt m\'3 vvitLLdJ hU1I1 tilt':. c.lllpluyee's vv.tg'C'3. 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)
S, 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: 2518690110
EMPLOYEE'S/OBUCOR'S NAME: PENTZ. MICHAEL A.
EMPLOYEE'S CASE IDENTIFIER: 5088100691 DATE OF SEPARATION:
LAST KNOWN HOME ADDRESS:
NEW EMPLOYER'S NAME/ADDRESS:
6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or
severance pay. If you have any questions about lump sum payments, contact the person or authority below.
7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should
have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs
unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs.
8. Anti-discrimination: 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)l; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment.
The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory
deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes.
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,
If you or your employee/obligor have any questions,
contact WAGE ATTACHMENT UNIT
by telephone at (717) 24G-6225 or
by FAX at (7171 240,6248 or
by Internet @
Requesting Agency:
DOMESTIC RELATIONS SECTION
PO, BOX 320
CARLISLE PA 17013
Page 2 of 2
Form EN-028
Worker ID $IATT
Service Type M
OMBNo.:0970.0154
Expiration Date; 12/31/00
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ADDENDUM
Summary of Cases on Attachment
PACSES Case Number
Plaintiff Name
GINNY E. PENTZ
Docket Attachment Amount
OO=a054CIVIL$ 230.00
Child(ren)'s Name(s):
Defendant/Obligor: PENTZ, MICHAEL A,
52510334713?!71sY PACSES Case Number 849103034 g[) Y'XI
'( ~ Plaintiff Name '/:.
GINNY E. PENTZ
Docket Attachment Amount
00121 S 2001 $ 306.00
Child(ren)'s Name(s):
,jO~])#1L. PElIT.Z
DOB
..bl;~~~~~~~;~~~;;~;~~~i;~~...;;~~;~II;~~'~~il~i;~~;'...........>................
identified above in any health insurance coverage available
through the employee's/obligor's employment.
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DOB
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............,........................." ........ .....................................................
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bli~h;~k;d,;~~~;;;;~~i;;d;;;~;~llthe~hild(;en) .. ..... ..
identified above in any health insurance coverage available
through the employee's/obligor's employment.
PACSES Case Number
Plaintiff Name
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.
Addendum
Service Type M
OMB No.: 0970-0154
Expiration Date: 12/31/00
bli~~:~~:~:~~'~"~;~;~~~i;~~;~~~;~rl;~~~~il~g~~;}"'"............
identified above in any health insurance coverage available
through the employee's/obligor's employment.
PACSES Case Number
Plaintiff Name
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
PACSES Case Number
Plaintiff Name
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 ernployee's/obligor's employment.
Form EN-028
Worker ID $IATT
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GINNY E. PENTZ,
Plaintiffi'petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
CIVIL ACTION - DIVORCE
06- J'65':1
NO. CIVIL TERM
IN DIVORCE
DR# 30,578
Pacses# 525103347
MICHAEL A. PENTZ,
Defendant/Respondent
DEMAND FOR HEARING
DATE OF ORDER: May 7, 2001
AMOUNT: $207,00 per month plus $23.00 per month on arrearages
FOR: Alimony Pendente Lite
REASON(S):
The Order of $207.00 per month in spousal support is
contrary to the facts and contrary to Law.
PARTY FILING DEMAND FOR HEARING:
":5//rtJ/
Date/
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SAlOIS
SHUFF, FLOWER
& LINDSAY
AITORNEYS'AT'LAW
26 W, High Street
Carlisle, P A
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GINNY E. PENTZ,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - DIVORCE
: NO. 00-8054 CIVIL TERM
: DR # 30,578
: PACSES # 525103347
Plaintiff
vs.
MICHAEL A. PENTZ,
Defendant
CERTIFICATE OF SERVICE
AND now, this /11'-'
day of 711 ~
2001, Carol J, Lindsay, Esquire, of the law firm of SAIDIS, SHUFF, FLOWER &
LINDSAY, P,C" Attorneys, hereby certify that I served the within Demand for Hearing
this day by depositing same in the United States Mail, First Class, Postage Prepaid, in
Carlisle, Pennsylvania, addressed to:
Kathleen Carey Daley, Esquire
1 029 Scenery Drive
Harrisburg, PA 17109
SAIDIS, SHUFF, FLOWER & LINDSAY, P.C.
Attorneys for Plaintiff
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OROf<<lNOTlCf TO WIIl:l~, ,-.lD_,lNcOM.EJ'PR SUPPORT
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State Commonwealth of Pennsvlvania 1)~5 ?,,<5"/C33V7
CoJCity/Dist. of CUMBERLAND J)Je 30?/g'
Date of Order/Notice 07jHj02 J)~" (;;'/2 c2tJi{)/
Court/Case Number (See Addendum for case summary) j?/9CJS'E.5 8tf9 /C-'303 r
/)^- 3 ()Jf XI
l RE: PENTZ, MICHAEL A.
) Employee/Obligor's Name (Last, First, MI)
l H6-46-3774
) Employee/Obligor's Social Security Number
) 50Sn00691
) Employee/Obligor's Case Identifier
) (See Addendum for plaintiff names associated with cases on attachment)
) Custodial Parent's Name (Last, First Mil
)
o Original OrderlNotice
o Amended Order/Notice
@ Terminate Order/Notice
EmployerlVVithholder's Federal EIN Number
GIANT FOOD STORE LLC *
EmployerMlithholder's Name
C/O PAYROLL DEPT
Employerf\Nithholder's Address
PO BOX 249
CARLISLE PA 17013-0249
See Addendum for dependent names and birth dates associated with cases on attachment.
ORDER INFORMA TlON: This is an Order/Notice to Withhold Income for Support based upon an order for support
from CUMBERLlIND 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 o'r greater? Oyes Q9 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 alter the date of this
Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding, You are entitied 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 D,isbursement 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 THEPACSES MEMBER ID (shown
above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED.
DO NOT SEND CASH BY MAIL.
BY THE COURT:
Service Type M
":';17T ~ ~'i'1\' ~n
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' ;?t:;:;Ud: OMBNo.:0970-01$4
7 ~ c:.xpiration Date: 12/31/00
JODto<2
Form EN-028
Worker 10 21005
JUL 2 2 2002
Date of Order:
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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 OrderlNotice 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 paymentthat is attributable to
each employee/obligor,
3. * R~po,l;"A tile raydatelDate of \;Vitl II ,oldil ,g. YOtlllllt~llet-'ort tile pa)'datefdaffi of nalllloldh,g nllel, !lEI,dil,g t11~ pa)'lllent. Tile
paydatelda~ of Hal,I,,,ldilog is tl,a date 0" Hhich a",,,",,t Ha, Hitl,l,ald It"," tha a'"ploy,",,', "age,. You must comply with the law of the
state of the employee's1obligor'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 OrderlNotice to Withhold Income for Support
against this employee/obligor and you are unable to honor all support OrderlNotices due to Federal or State withholding limits, you must
follow the law of the state of employee's1obligor'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: 2518690110
EMPLOYEE'S/OBLlGOR'S NAME: PENTZ. MICHAEL A.
EMPLOYEE'S CASE IDENTIFIER: 5088100691 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 OrderlNotice directs, you are liable for both the accumulated amount you should
have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law, Pennsylvania State law governs
unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs,
8, Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligorfrom
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 ofthe 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 ~ 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,
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,
contact WAGE ATTACHMENT UNIT
by telephone at (717) 240-6225 or
by FAX at (71 7J 240-6248 or
by Internet @
Page 2 of 2
Form EN-028
Worker ID 21005
Service Type M
OMB No.: 0970-0154
Expiration Date: 12131/00
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ADDENDUM
Summary of Cases on Attachment
Defendant/Obligor: PENTZ, MICHAEL A.
PACSES Case Number 525103347
Plaintiff Name
GINNY E. PENTZ
Docket Attachment Amount
00-8054 CIVIL$ 0.00
Child(ren)'s Name(s):
DaB
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identified above in any health insurance coverage available
through the employee's/obligor's employment
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0,00
Child(ren)'s Name(s):
DaB
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
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DaB
t3;;~~;~~~~:;~~;;;;:~i;:;~:~;~ii;~;~~ii~:;~;i'
identified above in any health insurance coverage available
through the employee's/obligor's employment
Service Type M
PACSES Case Number 849103034
Plaintiff Name
GINNY E. PENTZ
Docket Attachment Amount
00121 S 2001 $ 0,00
Child(ren)'s Name(s): DaB
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PACSES Case Number
Plaintiff Name
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
PACSES Case Number
Plaintiff Name
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
Addendum
Form EN-028
Worker ID 21005
OMB No.: 097Q.,0154
Expiration Dale: 12/31/00
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In the Court of Common Pleas of CUMBERLAND County, Pennsylvania
DOMESTIC RELATIONS SECTION
GINNY E. PENTZ ) Docket Number 00'8054 CIVIL
Plaintiff )
vs. ) PACSES Case Number 525103347/D30578
MICHAEL A. PENTZ )
Defendant ) Other State ID Number
ORDER
AND NOW, to wit, on this
31ST DAY OF JULY, 2002
IT IS HEREBY
ORDERED that the APL order in this case be 0 Vacated or OSuspended or
o Terminated without prejudice or 0 Terminated and Vacated,
effective
JUNE 1, 2002
, due to:
THE PARTIES' MARITAL SETTLEMENT AGREEMENT. THE ALIMONY PENDENTE LITE ACCOUNT
IS CLOSED WITH A CREDIT OF $392.32.
BY THE COURT:
DRO: RJ Shadday
xc: plaintiff
defendant
Carol Lindsay, Esquire
Kathleen Daley, Esquire
JUDGE
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Service Type M
Form OE-504
Worker ID 21005
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