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HomeMy WebLinkAbout00-08860 '",""'" "" -- ,. ~ I ,,';,-," ",'ci:, ;." -,"" " '- ',' '",j,;;;.i,i'-, ;~- 01;.-;", ,F,," ,",,,,,;,-/< ' :';oC" ";;j.;~;";,;;:",;,,, :,~ ~-,:: .,,,-':";, ""!lie "-""- - ~ : ~ -" :+:'f. 1Ii :+i . . . . . . . . . . .. :+: :fi:+: :fi .. .. . 1Ii:+i :+::+i:+i:fi:+::+::+::+::+i1li 1Ii:+i:+i:+i:+::+::+:~:+:1Ii 1Ii:+::+::+::+::+::+::fi:fi:fi:fi:+::+:'f.:+:+~ + + + + + + + + . + . . . . + + + + + . . . + . . . . . . . . . . . . . . . . . . . . . + + + . . . . . . . . . . . . . . + + . . . . + . + . + + . . . + and :fi . . . . . + . + . . . . + . . . . . + + + . + . . :+: :+::+::+::+::fi:+i:fi:+::+::fi~:fi :+:'f.~ IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY PEN NA. . . . . . . . . . . . . . . STATE OF SUSAN Y. BRUBAKER, P1Blntu:t 00-8860 Civil Tenn No. . VERSUS DARYL BRUBAKER, Def"'llUCllL . . . . . . . . . . . . DECREE IN DIVORCE . . . .;;r /O.'fJ' A · tfIf . y #-"1 . . . . . . . . . , . . . AND NOW, ,2003 , IT IS ORDERED AND Susan Y. Brubaker DECREED THAT , PLAI NTI FF, Daryl Brubaker , 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; . No cla:ims raised AND, FURTHERMORE, the Marital . executed by the parties hereto, is . . . . Settlement Agreement, dated August 2/, LUU1, incorpora ut not merged into, the . Decree In Divorce; , ,,''"', the parties are di 'th the provisions thereof. . . . . :fi 'f.:+::+:+:+: :+: :+::+::+::+::+::+:'f.+:fi :+::+::+::+:+ '" By . . . . . . ATTEST: . . . . . . PROTHONOTARY . . . . J. 1f'" .~. C2.3 '9'd=6CJ.3 ~, ""~~ """''',- ~".. , -;-- -', I '.-'-- ~,-""""""~ , -. ~"" ,~ .~ I"~ ~ "~. ~ = ~~, I ~ ~" , , .,,\, "j/I"'f" ,~-\, Ii " ~ ~ '.~q~~" ~ i7#,~' '11~ ~ ;~ df fM ,_lH!ill!!!~~"'_"I""I"i~~j~'@l'!\I~'\!jl;llm~~lli!fj~311'j;\!~mmOO_ffl'~!;%f~ki~,J;j~f'lI_ , ~"!' .~_il!~I' . ~~ .1 _I <. "..1&..",,,,," kil~~f .,.. " . . . IN THE COURT OF COMMON PLEA::; SUSAN Y. BRUBAKER, Plaintiff VS. CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DARYL BRUBAKER, Defendant NO. 00-8860 CIVIL TERM 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 S3301 (c) (Strike out inapplicable section), 2. Date and manner of service of the complaint: Complaint was served on December 30, 2000, by Certified Mail-Return Receipt Requested "Restricted Delivery" 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by S3301 (c) of the Divorce Code: by plaintiff August 9, 2003 ; by defendant July 29, 2003 (b) (1) Date of execution of the affidavit required by S3301 (d) of the Divorce Code: (2) Date of filing and service of the plaintiff's affidavit upon the respondent: 4. Related claims pending: No claims pending. 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file praecipe to transmit record 1 a copy of which is attached: (b) Date of plaintiff's Waiver of Notice in S3301 (c) Divorce was filed with the Prothonotary: AUCJUst 14, 2003 Date defendant's Waiver of Notice in S3301 (c) Divorce was filed with the Prothonotary: Auoust 14. 2003 BAWRIN & BATU IN Date: August 14, 2003 By: Harry M. Baturin, -' 1~ij,\llh'_lr,hl'ki;;;l'&-z~;,,,",-':-'",:",,,,,,, I,' -, '''-''~''''''' ! '~ "=~ ,H"_""',i'.;';,-";::.;'h,i,;Ci!;"';'i.i"J;'-~' <~ ,~" ~-- ~.~- ~ " 1':<""0,1 f~'-;";;%ii!>i,iilj""!&:"";'});lkh~~~_~l"I<~IiiJ.jJtUlI;'-W!il>;$..-~~!~~')';",,~~iiI;i~ -'~''''':,j ;r '... ~"~ "'0' ji..,. " , , .... <~,~ o c lJ2t rn,.,-.. zc.f' 2:[- (/}):- ;;$ ,', r:.t, ?,~- ~~. '- -.~! -< .. L~ :n ,,~ a <....1 :b- e:: :;-) o "T] :::.:J i''lI' -,--,:ITi ".-:H:.J ~'~1i:) ;::5 :ii -0-0 ~5 lT1 .:;! ~a -< -~~-, - - <- , . .d< . ",~~l. . '~i,:', ^ .. SUSAN y, BRUBAKER PLAINTIFF V, DARYL BRUBAKER DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA 00-8860 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 5th day of January, 2001, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39WestMainStreet,Mechanicsburg,PA 17055 on the 6th day of February ,2001, at 3:00 p.m. for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to defme and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order, FOR THE COURT, By: Isl Dawn S. Sunday. ES~ Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990, For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing, YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 " - J . '6< C:Jf ;-7f-t1/ / '~-IJ / 11 t1,ditl. i.l' " D i ..i!1.',:"r ..-r:\' r-' , - f!1 ~>l'<f r'l II, /;::<~- ",' ,~, .-'- ~. _,' .....'l,. ~I." .!~. ...,," I" ',II. '~y L:::~;:; 1,Lo" ',< \u \..AJl.;i \; I Pc;\)NSYLVi\N:i\ td.;t~~ #4~ ~ '71~ #t~ h ~ ~ ~ It; ~~h~ . i \',~~~~;;l~\!'Jl!;m)lIfA~~-i\.'i\lj,~}i';~I)1~~i~~~~~~i!iIlIl~_~"i'fl'~'!!''9,'''''',''!ffi~"';H~$\'i"jfl":"";i!:^'~!; ,;~,,,,,W",",-,,'ilrt""fi']'FMi:C",,,.!');.W'~B,;-''''''.:mf'''':);;I;',"I~<,,,,'!'''J~f''~~I!)f I-. ;'> ~ , / -" --" -- ""~ij SUSAN Y. BRUBAKER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. m. <?~{,{) CIVIL TERM DARYL BRUBAKER, Defendant : CIVIL ACTION - LAW : IN DIVORCE/CUSTODY 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 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, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. YOU SHOULD TAKE TmS 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, P A 17013 Telephone: (717) 249-3166 Date: 12/28/00 BATURIN &BATURIN~ By: 1vl 71 ~ Madelaine N. Baturin, Esquire (Attorney I.D. No. 68971) 717 North Second Street Harrisburg, P A 171 02 (717) 234-2427 . . ~, .;a -", . - .- "- '""'~- -,'" '. j".- , ',- ;:'", SUSAN Y. BRUBAKER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. iJ1J- J' J{.O CIVIL TERM DARYL BRUBAKER, Defendant : CIVIL ACTION - LAW : IN CUSTODYNISITATION ORDER OF COURT AND NOW, this_ day of ,2001, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before , the conciliator, at on the day of ,2001, at .m., for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference rnay provide grounds for entry of a temporary or permanent order. FOR THE COURT, By: Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled conference. 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, P A 17013 Telephone: (717) 249-3166 ~ -: 0-, , ; ."'" ,,-, .._,n_.",;', ". '0 ~,_ 0 '--~1i~; SUSAN Y. BRUBAKER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. ~-Uft,O CIVIL TERM DARYL BRUBAKER, Defendant : CIVIL ACTION - LAW : IN DIVORCE/CUSTODY COT TNT J COMPLAINT UNDER SECTION 3301 (J:;) OF THE DIVORCE CODE 1. The Plaintiff is SUSAN Y. BRUBAKER, an adult individual, sui juris, who currently resides at 531 Old Orchard Lane, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The Defendant is DARYL BRUBAKER, an adult individual, sui juris, who currently resides at 940 South 28th Street, Camp Hill, Cumberland County, Pennsylvania 17011. 3. The Plaintiff has been bona fide resident ofthe 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 December 4, 1976, in Akron, Summit County, Ohio. 5. There has been no prior action for divorce or annulment ofthe marriage between the parties hereto in this or any other jurisdiction. 6. Plaintiff avers that there is one (1) child of the parties under eighteen (18) years of age. 7. The Plaintiff and Defendant are both citizens of the United States of America, 8. The Defendant is not a member on active duty ofthe Armed Forces of the United ,~ ~~ - , c, c..:..J - ",' "~ - , ~,;; ,~" - < '"' , .. '. ".rE'" States of America nor any of its allies. 9. The Plaintiff avers that the grounds upon which this action is based is that the marriage is irretrievably broken. 10. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling, COT TNT II COMPLA TNT lJNDER SECTION 3301 (a)(6) OF THE DIVORCE CODE 11. All of the averments in Paragraphs 1 through 10 are incorporated herein as though each was set forth under Count II as in Count I. 12. In the alternative, Plaintiff avers that the Defendant hath offered such indignities to the person of the Plaintiff, the innocent and injured spouse so as to render her condition intolerable and life burdensome. WHEREFORE, Plaintiff requests the Court to enter a Decree in Divorce dissolving the marriage between the Plaintiff and Defendant and for such further relief as the Court may determine equitable and just COUNT III CLAIM FOR EQlITT ABLE DISTRIBUTION OF MARTT AL PROPERTY lJNDER SECTION 401 OF THE DTVORCE CODE 13. All of the averments in Paragraphs 1 through 12 are incorporated herein as though - -j'I' _,"C ,~< ':;'~'" oj ""'~~iJjlP' each was set forth under Count III as in Count I and Count II. 14. The Plaintiff and Defendant acquired real property and personal property during the marriage which needs to be equitably distributed. WHEREFORE, Plaintiff requests the Court to enter a Decree in Divorce: A. Dissolving the marriage between the Plaintiff and Defendant; B. Equitably distributing all marital property owned by the parties; and C. For such further relief as the Court may determine equitable and just. COUNT IV REQUEST FOR CHILD CUSTODY 15. All of the averments in Paragraphs 1 through 14 are incorporated herein as though each was set forth under Count IV as in Count I, Count II and Count II. 16. Plaintiff is Susan Y. Brubaker, an adult individual, residing at 531 Old Orchard Lane, Camp Hill, Cumberland County, Pennsylvania 17011. 17. Defendant is Daryl Brubaker, an adult individual, residing at 940 South 28th Street, Camp Hill, Cumberland County, Pennsylvania 17011. 18. The subject minor child, JULIE YVONNE BRUBAKER, was born of the Plaintiffs and Defendant's marriage, on July 3, 1983, being seventeen (17) years of age. 19. The relationship of the Plaintiff to the subject minor child is that of mother. 20. The relationship of the Defendant to the subject minor child is that of father. 21. The aforementioned child is presently in the physical custody of her father who - . " ,-" ~'"~>h1b~1i,<;;t currently resides at 940 South 28th Street, Camp Hill, Cumberland County, Pennsylvania. 22. Said minor child has resided at the following addresses since birth: ADDRESS DATE PERSONS RESIDED WITH 508 Ross Avenue New Cumberland, PA Since birth to 11/88 Mother and Father 531 Old Orchard Lane Camp Hill, P A 11188 - 10/28/00 Mother and Father 531 Old Orchard Lane Camp Hill, P A 010/28/00 - 12/21/00 Mother 940 South 28th Street Camp Hill, P A 12/21/00 - present Father 23. Plaintiff/natural mother seeks shared legal and primary physical custody of the subject minor child, Julie Yvonne Brubaker. 24. Plaintiff has not participated as a party or witness, or in another, capacity, in other litigation concerning the custody of the said minor child in this or another court. 25. Plaintiff has no information of a custody proceeding concerning the minor child pending in a court in this Commonwealth. 26. Plaintiff knows of no other person or party to the within proceeding who has physical custody of Julie Yvonne Brubaker or who claim to have custody or visitation rights with respect to said child. 27. The best interest and welfare of the said minor child will be served by granting the relief requested because: - , , ;c" '~I'*i." a. Plaintiff/mother is well able to adequately provide for the continuing health, educational needs and general welfare of the child; b. Plaintiff/mother is well able to adequately provide the said child with a proper and wholesome environment, physically, emotionally, psychologically and socially, within which to live; c. Plaintiff/mother is able to provide said child with a stable environment; d. It is in the best interest of the said child generally that primary physical and legal custody be granted to the natural mother, Susan Y. Brubaker, Plaintiff herein. WHEREFORE, Plaintiff, SUSAN y, BRUBAKER, respectfully requests that this Honorable Court enter a Decree In Divorce: A. Dissolving the marriage between the Plaintiff and Defendant; B. Grant Plaintiff shared legal and primary physical custody of the subject minor child; C. Equitably distributing all marital property owned by the parties; and, D. For such further relief as the Court may determine equitable and just. COTJNT V REQl JEST FOR ALIMONY, ALIMONY PENDENTE IHE, AND COlJNSEL FEES 28. All of the averments in Paragraphs 1 through 27 are incorporated herein as though - 1,. J ~"~ ., .. ,-~ ' .Ii' ~~ '~."!!iIi~., each was set forth under Count IV as in Count I, Count II and Count II. 29. The Plaintifflacks sufficient property to pay for the expenses of this action, including her reasonable counsel fees, nor to provide for her maintenance and support. WHEREFORE, Plaintiff, SUSAN Y. BRUBAKER, respectfully requests that this Honorable Court enter: A. A Decree In Divorce Dissolving the marriage between the Plaintiff and Defendant; B. Grant Plaintiff shared legal and primary physical custody of the subject minor child; C. Equitably distributing all marital property owned by the parties; and, E. Granting Alimony, Alimony Pendente Lite, and, Counsel Fees; and D. Order further relief as the Court may determine equitable and just. Respectfully submitted, BATURIN & BATURIN J'Z vk By: /M Madelain'e N. Baturin, Esquire Attorney I.D. No. 68971 (Attorney for the Plaintiff) 717 North Second Street Harrisburg, P A 17102 (717) 234-2427 DATED: December 28,2000 , ~ ~ ~- '. ,- -. - ,,;.;.~,~- '-"- --. .-.,' --- ~ ~j, , , . VERIFICATION I VERIFY THAT THE STATEMENTS MADE IN THIS COMPLAINT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, BELIEF AND INFORMATION, I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA. C.S. 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATED: 1.2...18 . f)f) }1'./IaAJ ~(SEAL) . SUSAN Y. B AKER "" ,~-" ~- >"~."".. I., '" ''-'- '~,>~,-, 1'j "liiIllll~!;,;1 ,> . t,,~; ....." '.i ,~ , .~ ... . M THIS AGREEMENT, made this~ of August, 2001, by and between: SUSAN Y. BRUBAKER, of Camp Hill, Cumberland County, Pennsylvania, hereinafter referred to as "Wife"; *AND* DARYL BRUBAKER, Camp Hill, Cumberland County, Pennsylvania, hereinafter referred to as "Husband". , WIINESSEIH: WHEREAS, the parties hereto are Husband and Wife, having been lawfully joined in marriage on December 4, 1976, in, Summit County, Ohio; and WHEREAS, divers unhappy differences, disputes, misunderstandings and difficulties have arisen between the parties as a result of which the parties are separated and are no longer living together as husband and wife; and . WHEREAS, a complaint in divorce, docket number 00-8860, has been filed in the Cumberland County Courthouse, Carlisle, Pennsylvania; and WHEREAS, the parties desire to confirm their separation and make arrange- ments therewith, including the division of their marital property and other rights and obligations growing out of their marriage. NOW, THEREFORE, in consideration of the covenants and promises hereinafter to be mutually kept and performed by each party, as well as for other good and valuable consideration and intending to be legally bound, it is agreed as follows: 1 ... -:~_.~- - ~w .. , ~ ; ~ _ii"",;,l!;;l':;':, . L \. (~' . ~ . . 1. MUTUAL RELEASE: Except as herein otherwise provided, each party hereby forever releases the other and his or her heirs, legal representatives, executors, administrators and assigns, from any and all claims, demands or actions, past, present or future and discharge the other of and from all causes of action, claims, rights or demands whatsoever in law or equity, which either of the parties ever had or now has against the other, except a cause or causes of action for divorce or all causes of action for breach of any provisions of this Agreement. Further each party, subject to the provisions contained in this Agreement, releases and forever discharges the other from any and all claims one may have against the other arising out of this matrimonial action, including, but not limited to, equitable distribution, counsel fees, costs and expenses, except as expressed herein. 2. CONSIDERATION: The consideration for THIS AGREEMENT shall be the mutual promises and agFeements contained herein. 3. NO INTERFERENCE: Each party shall hereafter be free from interference, authority and control, direct or indirect, by the other as fully as if he or she were single and unmarried. Neither of the parties shall molest the other, or compel the other to reside at such place or places as he or she may select. Each may for his or her separate use and benefit, conduct, carry on and engage in any business, profession or employment which he or she may prefer or deem advisable. 4. REAL PROPERTY: Husband shall, upon the signing of this Agreement, immediately seek and obtain refinancing of the marital home located at 531 Old 2 l,'i____"" _ -d- '" ,~ " j"--' . ~~~~" , f, (,- . . . Orchard Lane, Camp Hill, Cumberland County, Pennsylvania, solely in his name for the 1~a:;, .,.,..- amount of $ .:l-'10, eGo.QQ. If Husband is able to secure refinancing of the marital home as aforementioned in the time allotted, then upon such refinancing, Husband shall become solely responsible for any and all mortgages in connection with the marital home and all obligations connected therewith. Husband further agrees to indemnify and save harmless Wife from any loss she may sustain as a result of any default in f:).b :~ , payment by Husband. Husband will pay for all costs related to Husband's refinancing. nced amount by the Husband will first be used to payoff any existi mortgages on the marital home and reim ents to or advance oil and sewar payments. The remainder of the pro arital home and between the exchange for Wife's release of all claims to the transfer of the Deed to the marital home to Husband. I n no event, sho Wife :Jivt111 receive an amount less than $ 32, 000.00 from said refinancing. Until the time of said refinancing, Wife shall maintain sole and exclusive residence of the marital home while Husband completes the refinancing of the residence in his name. Upon the aforementioned refinancing, Wife shall move out of the marital home and furnish Husband with sole possession of sameJ by ::5e.rtember l ~OtJ/, In the event Husband is not able to secure the aforementioned refinancing, the )06 - ~~ "'" marital home shall immediately be listed for sale. Further, if the home is put up for sale, Husband and Wife agree that they will accept an offer that reasonably approximates the fair market value of the house. Upon the sale of the marital home, the proceeds will 3 ... " . " -- "'- -. , ,;.',- - ",-.,'", -.- -, .......~'iH.h~..<-' . ... , (, first be used to payoff the existing mortgages on the marital home. The remainder of the proceeds shall be divided in equal shares between Husband and Wife with each party receiving their share upon closing. In addition, in the event the marital home is sold, neither party shall act in any manner to impede or delay the sale of the marital home. 5. DIVISION OF PERSONAL PROPERTY AND PERSONAL ACCOUNTS: The parties agree that all other items of personal property have been or will be divided satisfactorily by and between the parties as referenced in the attached exhibit "A" as prepared and agreed to by the parties. 6. MOTOR VEHICLES: The motor vehicles shall be divided as follow a) The 1985 Chevrolet Monte Carlo automobile shall be retained by Husband and is to be transferred and titled into Husband's name alone. b) The 1990 Honda automobile shall be retained by Husband, and is to be transferred and titled into Husband's name alone. c) The 1995 Pontiac automobile shall be retained by Wife, and is to be transferred and titled into Wife's name alone. The costs of said auto title transfers shall be borne equally between the parties. Furthermore, each party shall be solely responsible for his/her respective vehicles titled in his or her name and all expenses incidental to ownership thereof including, but not limited to, insurance costs. 4 "'- , - =--- ,,,',- " t (~ I 7. PENSION PLANS: Husband shall make full disclosure of his pension(s), 401 (k), IRA, and/or any other pension accounts to Wife before the signing of the Agreement and the information and documentation related to same shall be sent to Pension Appraisers, Inc. to be appraised within thirty (30) days of the signing of this Agreement. Upon full disclosure of Huspand's pension accounts and appraisals of .}he-mar/k/ j)/)/I:;;O/1 #f ~tu'd same, l!I1l or "aiEl ft:tll pension accounts will be divided equally between the parties, 50% to each party, as of their value on the date of the signing of this Agreement and the interest in same will be divided equally between the parties. For a period of fifteen (15) days after the signing of this Agreement or at any other time agreed upon by Wife, Husband will have the option of buying out Wife's interest in its entirety for whatever the value of her interest is at the time of the signing of the Agreement. In the event Husband elects to buyout Wife's interest, Husband shall make full payment within flo.te- thirty (30) days of thiS decision. If Husband elects not to buyout Wife's interest, Wife ~r/b1/ flb/lh'tm shall be entitled to half of-aH-of Husband's pension accounts as aforementioned. Husband will be responsible for disclosing the full value of all of his pension accounts as aforementioned to Wife and Husband shall be responsible for preparing a Qualified Domestic Relations Order within thirty (30) days of the signing of this Agreement reflecting the above-referenced terms and obtaining his employer's and the Court's approval of same. Husband and Wife agree that Husband's pension will be evaluated by Pension Appraisers, Inc. and Husband will be solely responsible for the costs of same and will provide a copy of same to Wife. Husband and Wife will divide Husband's 5 '"" -r'""'~Mlt'> . , ~~ ~tJ .." , ~-, ~-' '-'.n _"0, ;'''"-!~ljij>i; ,. , " . pension in equal shares, 50% to each, as more specifically described in the Qualified .. , Domestic Relations Order. If Husband should predecease his retirement, Husband's Estate will assume responsibility in connection with the above. 5ee-{;jJ)/'b/ 1- 'I f3 ~~ 11.. " 1'(1 u('fJd~d h/,~,//7 by r.elv-//l~' I!:J 8. HUSBAND'S DEBTS: Husband represents and warrants to Wife that as of .S.J- the date of the separation, he has not incurred, and in the future he will not contract or incur, any debt or liability for which Wife or her estate might be responsible and shall indemnify and save harmless Wife from' any and all claims or demands made against her by reason of debts or obligations incurred by him. Any and all loans, including charge accounts, presently in Husband's name alone shall be Husband's sole and separate responsibility for payment. Husband agrees to indemnify and save harmless Wife from any loss she may sustain as a result of any default in payment by Husband. 9. WIFE'S DEBTS: Wife represents and warrants to Husband that as of the date of the separation she has not incurred, and in the future she will not contract or incur, any debt or liability for which Husband or his estate might be responsible and shall indemnify and save harmless Husband from any and all claims or demands made against him by reason of debts or obligations incurred by her. Any and all loans, including charge accounts, presently in Wife's name alone shall be Wife's sole and separate responsibility for payment. Wife agrees to indemnify and save harmless Husband from any loss he may sustain as a result of any default in payment by Wife. 10. WARRANTY AS TO FUTURE OBLIGATIONS: Husband and Wife each covenant, warrant, represent and agree that with the exception of the obligations set 6 ~- , . --- - " ..~ ":_'-'>-'~>w.l_,"",-, " , , , . .. ,. , It , forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold harmless the other party for and against any and all debts, charges and liabilities incurred by the other after the date of execution of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 11. AFTER ACQUIRED PERSONAL PROPERTY: Each of the parties hereto shall hereafter own and enjoy, independent of any claims or right of the other, all items of personal property, tangible or intangible, hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 12. TAX ON PROPERTY DIVISION: Husband hereby agrees to pay all income taxes assessed against him, if any, as a result of the division of the property of the parties hereunder. VVife'hereby agrees to pay all income taxes assessed against her, if any, as a result of the division of the property of the parties hereunder. However, the parties do not intend there to be any tax consequences from this Agreement. 13. TAX ON NON-MARITAL PROPERTY: The parties hereby agree that Wife will take the mortgage interest deduction on her 2001 individual tax retum. 14. MUTUAL RELEASE: Both Husband and Wife agree to execute in a timely fashion an Affidavit consenting to the entry of a Final Decree in Divorce to the divorce action now pending in Dauphin County, Pennsylvania. Except as provided otherwise herein, Husband and Wife, each does hereby forever relinquish, release, discharge and 7 . .1, ~-, '-_.J ,~ "-'--'~h>'~ I, I) I I) I .. " ! I, , waive, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, relinquish, release, direct and derivative claims, rights or demands whatsoever, in law or in equity, which either of the parties might have against the other by virtue of their marriage to each other, except those addressed in this Agreement. This mutual release shall include any claim to any property or of or concerning any property whatsoever which may be or does become a part of the estate of the other or which is transferred by reason of the death of the other. Specifically included in this Agreement shall be a Release of all rights which either party hereto has, by intestate law or any other law of inheritance in the Commonwealth of Pennsylvania or any other state of the United States, against the estate of the other, or any rights which either party has to take against the last Will and Testament of the other. 15. IMPLEMENTATION: Each party shall execute promptly any and all documents necessary and desirable to effectuate the terms set forth herein and the transfer and distribution of property in accordance herewith. Each party shall sign promptly, upon request, any documents necessary to permit the other party to transfer or dispose of his or her individual property of whatever nature. 16. VOLUNTARY EXECUTION: The parties hereto declare that each of them fully understands the covenants and provisions contained in this Agreement. The parties both acknowledge that this Agreement is a fair agreement and not the result of fraud, duress, or undue influence exercised by either party upon the other, or by any 8 ~ " -~ ~ ~ "- =- ^ 2'M!Oii>.illh"Y' .. 'I . , " < . ", , " other person or persons upon either party. Each party has retained the services of counsel and advice from an attorney of his or her choice regarding all of his or her legal rights, duties, obligations and liabilities in connection with, or resulting from this Agreement. Each party has executed this Agreement freely and voluntarily. This Agreement is not in any way intended to facilitate any divorce proceeding instituted by either of the parties hereto, nor are any of the provisions contained herein collusive with , respect to any divorce proceeding now pending or hereinafter instituted by either party. 17. MODIFICATION: This Agreement constitutes the entire understanding of the parties and supersedes and supplants any and all prior agreements and negotiations, verbal or otherwise, between them. There are no representations or warranties other than those expressly set forth herein. No modification or waiver of any of the terms of this Agreement shall be valid unless in writing and executed by both parties with the same formality as this Agreement. 18. INTENDED TAX RESULT: By this Agreement, the parties have, in effect, equally divided their marital property. The parties have determined that such equal division conforms to an equitable and just standard with regard to the rights of each party. The division of the existing marital property is not, except as may be otherwise expressly provided herein, intended by the parties to constitute in any way a sale or exchange of assets. 19. FULL DISCLOSURE: Husband and Wife both warrant that they have made a full and complete disclosure of all the real and personal property of whatsoever nature 9 "I ~~ .,~ ." ~ iWrJ--i-t: I. " I . " .- ," , " and wherever located belonging in any way to each of them, of all debts and encumbrances incurred in any manner whatsoever by each of them, of all sources and amounts of income received or receivable by each party, and of every other fact relating in any way to the subject matter of this Agreement. These disclosures are part of the consideration made by each party for entering into this Agreement. 20. BANKRUPTCY: The parties hereby agree that the provisions of this , Agreement shall not be dischargeable in bankruptcy and expressly agree to reaffirm any and all obligations contained herein in a timely fashion. 21. HEALTH/MEDICAL INSURANCE: Until the Decree in Divorce is entered, Husband shall be responsible for Wife's medical insurance, Upon the divorce becoming final, each of the parties hereto shall be responsible for their respective health/medical insurance and neither shall look to the other for coverage in any form. 22. COURT.ORDERED DETERMINATION: Husband and Wife both voluntarily and knowingly relinquish any right to seek a Court-ordered determination and distribution of marital property. but nothing herein contained shall constitute a waiver by either party of any right to seek the relief of any Court for the purpose of enforcing the provisions of this Agreement. 23. ALIMONY/SUPPORT: Husband shall pay alimony to Wife in an amount equivalent to Wife's obligation to pay child support of the parties' daughter for a time period equivalent to the time period of Wife's obligation to play child support. In light of the length of the marriage of the parties', Wife's contributions to the marriage, financially 10 ,,, " . , , I . I l \ , and otherwise, as well as the lengthy duration of the marriage, among other factors, then as long as Wife is legally obligated to pay child support, Husband shall pay alimony to Wife in an amount equivalent to Wife's obligation to pay child support of the parties' daughter for a time period equivalent to the time period of Wife's obligation to play child support and costs related thereto. The parties agree that immediately upon the signing of the Marital Settlement Agreement, Husband will move to remove and terminate the current child support Order which has been entered through Cumberland County Domestic Relations and Wife shall do same. Upon the termination of the above-referenced Child Support Order, and so long as same has not been re-filed, Husband's alimony obligation will be offset. In the event that this clause is unenforceable or the either of the above-referenced amounts are unascertainable, Husband shall pay to Wife alimony in the amount of $ 500.00 per month, from the time of the signing of this Agraement, and retroactive to same if applicable, for a period of two (2) years. 24. 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 subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 11 ., ~-,,"'.t> . " " ~, ""fI;.!i; '. . I . , , , , , . " 25. BREACH: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue in law or in equity to enforce any rights and remedies which the party may have, or by an action of contempt, and the party breaching this Agreement shall be responsible for the reasonable legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. 26. APPLICABLE LAW: This Agreement shall be construed in accordance with, and governed by, the laws of the Commonwealth of Pennsylvania. 27. SEVERABILITY: 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 provisions shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 28. 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 forth herein. 29. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 30. INDEPENDENT SEPARATE COVENANTS: It is speCifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 12 ,,~' ~ ~ .~" I, ~~ ,-, , 'IJlj~M,;,c , . . , , , , . r _ L ~ 31. VOID CLAUSES: If any term, condition, clause or provisions 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, except as agreed to in Paragraph 4. 32. ENTRY AS PART OF DECREE: It is the intention of the parties that this Agreement shall survive any action for aivorce which may be instituted or prosecuted by either party and no order, judgment or decree of divorce, temporary, interlocutory, final or permanent, shall affect or modify the financial terms of this Agreement. This Agreement shall be embodied in, and made part of, any such judgment or decree of final divorce. Both parties agree to have the terms of this Marital Settlement Agreement incorporated in the final decree or divorce, for the purpose of enforcement, but not merged therein. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, and to so bind their respective heirs, personal representatives and assigns, have signed and sealed this Agreement the day and year first above written. WITNESS:, ~' ~~ @u& S~~~;'~ B~&E'~JrJuv f)a;JD~ DARYL BRUBAKER (SEAL) (SEAL) 13 :o...'t~-~' - '-, .="~" ....~"1U.>lli""-;.:iV) 'I , " . . , , . , 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS: Before me, a Notary Public, in and for said County and Commonwealth, personally appeared SUSAN Y. BRUBAKER who, in due form of law, acknowledged the above Agreement to be her act and deed and desire that the same be recorded as such. 'l-h Witness my hand and official seal this J 1 day of August, 2001. Notarial Seal Valerie S. Stacknick, Notary Public Hampden Twp" Cumberiand County My Commission Expires Nov. 30, 2004 Member, Pennsylvania ASSocIatIon of Notaries "-1r aJ.JJvi /J ll()JiVVlieJl NOTARY PUBLIC (SEAL) My Commission Expires: **************************************************************************************************** COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF DAUPHIN Before me, a Notary Public, in and for said County and Commonwealth, personally appeared DARYL BRUBAKER, who, in due form of law, acknowledged the above Agreement to be his act and deed and desire that the same be recorded as such. Witness my hand and official seal 2001. --' (SEAL) My Commission Expires: NOTAIIIAl. SEAl. IlIANE M. IIUI'ICH, Nolory PvbIc IIanlobufe. Dauphin County, "I. "" eo.._ I!xpiNs feb. 2$, 2Q02 ",~"1 -- ~ ^ , , -" ~ . , . j " , ".. PERSONAL PROPERTY TO BE RETAINED BY SnSAN BRUBAKER Living Room Furniture Hutch (Dining Room) Hutch (Kitchen) Bedroom Furniture Porch Glider Beach Chairs 20" TV Rocking Chair China Crystal Silver Exercise Equipment Piano Living Room Trees Lamps Step Ladder Q~~~-*,~- - " , {',,",'- .. ~ ~ " ~, . ~~>:!!Jii.'imillJt-;" . 1 , , ,. ~ t . ..' .. . . 1 . I -" I I PERSON AI. PROPERTY TO BE RET ATNED BY DARYl, BRUBAKER WasherlDryer Clock Radio Refrigerator Iron Pan Dishwasher Tools Gas Gill Y2 Christmas Ornaments Lawn Mower Christmas Tree Camper Julie's Bedroom Furniture Drapes Folding Table Camping Supplies Ladder Dining Room Table Pots/Pans Computer Many Kitchen Dishes/Silver Computer Desk Utility Dehumidifier Console TV VCR Living Room Air Conditioner Julie's Room Air Conditioner Microwave Corelle Honda & Monte Carlo Downstairs Furniture Most Outdoor Furniture Shed ~iMl';j . . t . , . , f . . . i ...... .. Wife and Husband hereby acknowledge that one half of the marital portion of her pensions, 401 K's, IRA's, and all other employment or personal retirement accounts, with L.B. Smith and/or Highmark or Capital Blue Cross, and any and all other employers of Wife's throughout the marriage, shall be offset against Wife's share of Husband's pension through his employer. Wife shall provide all information prior to preparation of a Qualified Domestic Relations Order and prior to Husband's decision to pay Wife her share in a lump sum. If Wife avers that she has no 401 K, IRA, pension, etc. or any other employment related or personal accounts providing for her retirement, she shall so state in writing, through her attorney. EXHIBIT "B" :.',;,;,,-,-'.-- '--,' ~j~J1it~~~_&i.k~if.a:it.t~~~imnflj.W-j;;JIf.~"b"h_-"K~'il']'~_~~~ ~"" lI:'~'- .' .:....';.;..,,--tU'~:ilftli.lM-~;...~1.l~~~~~~~lr- . ' ~" ;J' Co 2'f' ~." j;.'5~1 C ~,~ IL .1' rc --( """," , . . ~ -," 'l' _ c) -n ~-~ ---I ~- ".") ..-' -"-;1 ---I I") j" -=-:-!C) ~c .:-r, -"\_!l f:j~ :)5 -<; 2::.. :'11 .... --......~" ' .... SUSAN y, BRUBAKER, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA PlaintifI VS. : NO. 00-8860 Civil Term DARYL BRUBAKER, : CIVIL ACTION - LAW ; IN DIVORCE/CUSTODY Defendant CERTTFICA TE OF SERVICE I, Madelaine N. Baturin, Esquire, of the law firm ofBaturin & Baturin, attorneys for the Plaintiff in the above captioned matter, do hereby certify that on December 29, 2000, I deposited in the United States Mail, at the United States Post Office, Federal Square Station, Harrisburg, Pennsylvania, an article of Certified Mail, Return Receipt Requested, marked "Restricted Delivery", a certified copy of the Complaint in Divorce and Notice to Defend and Claim Rights attached thereto, bearing Article No. 7099-3400-0013-3603-5865, addressed to: Daryl Brubaker, 940 South 28th Street, Camp Hill, P A 170 11, The said article of Certified Mail, as shown by the Postal Return Receipt Card was received by the Defendant herein on December 30, 2000, and according to same, was signed by him, to wit: Daryl Brubaker, wich card is attached hereto and marked as Exhibit "A", along with the deposit slip dated December 29, 2000, for said article of Certified Mail aforementioned. BATURIN & BATURIN By: 1Jlr/ 4 Madelaine N. Baturin, Esquire Attorney J.D. 68971 717 North Second Street Harrisburg, PA 17102 (717) 234-2427 (Attorneys for Plaintiff) Dated: January 3, 2000 ~...- ~if; ~ l. -,-- , ,',1I Ii, , ,,-,-...'t - - U'J .JJ <0 U'J Postage $ .55 \11fj8~ Certified Fee 4~~' 1.40 (~ a -?" ,qeturn Receipt Fee 1.25 ~~~\ (Endorsernent Required) 0; It'" Restricted Delivery Fee ~' ~:?/ (Endorsement Required) 2.75 "~. it'/l ";.--,,,,- '/" ~1''O<;' Total Postage & Fees $ 5.95 ~~.'" m o ...ll m m ,.." o o :0 o ;;;!" rn Nama (Please Print Clearly) (to be completed by mailer) IT" -St~~pil~7JJo-B~~haker-------.m-----.'n--m._---____._-----_.---- ~ 940, South 28th Street t:I -Qt;:Staie,.zip;4-------n----.----n------nnn.---n--..--nnn-___nn__________ ~ Hill, PA 17011 .. C6m'piete item;; 1.2. ~nd 3. Ais~ complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that' we can return ,the card to you. . Attach this card to the back of the mail piece, or on the front if space permits. 1. Article Addressed to: D! Is ,delivery address different from item 1? If YES, enter delivery address below: Mr. nary 1 Brubaker 940 South 28th Street Camp Hill, PA 17011 3. Service Type Xl Certified Mail 0 Express Mail o Registered 0 Return Receipt for Merchandise o Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 5(1 Yes 2. Article Number (Copy frol1J service JabeQ 7099r~Q9G O~3-36Q3-5865 . -- - - -. "SF""" , 11,Ju " ,a" r ; Rt1~i~ Fl~r~ ~,ceiP,t ," '.,<; , 102595-OO-M-{)952 EXHIBIT "A" L, "" ' ~~llM~~""'"~,, ... SUSAN Y. BRUBAKER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 00-8860 Civil Term DARYL BRUBAKER, Defendant : CIVIL ACTION - LAW : IN DIVORCE/CUSTODY AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on December 29,2000. 2. The marriage of the 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 in Divorce after service of notice of intention to request entry of the Decree. I VERIFY THAT THE STATEMENTS MADE IN TillS AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA,C,S. ~4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: 7:/ c; /0"3 , , ~~. ~ (SEAL) SUSAN Y. BR illR ;'!"7';0",''&l.;j.j'J,,-.,'t~ffii:''i.Ul'if1i:1.t''~l!li~;%.\i,~....~,",,iI;,mw~, " (") ,;:; -06:: mr!~ Z:c zr (/)' -<. :" G-.. )>. ~t aY" :2 r'J._ ~1iilIiiJR:'., o L.3 o -n """ r- i:;-) -["; ",-,('f"i ,~36 i- "" :.::.-n ~:#~ :.11 --l _>M'i ?D -< . }~ .~; ~ 1 j " ' . ~!ti& il SUSAN y, BRUBAKER, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff VS, : NO. 00-8860 Civil Term DARYL BRUBAKER, : CIVIL ACTION - LAW : IN DIVORCE/CUSTODY Defendant WAIVER OF NOTICE OF INTENTION TO REQITRST, ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (.f',) OF THE DIVORCE CODE I. 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 and expenses if! do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I VERIFY THAT THE STATEMENTS MADE IN THIS AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE TO THE PENALTIES OF 18 PA.C.S. ~4904 TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: "l/1/03 = ~~.-L~ (SEAL) S SANY,BR .. R jj...._~."'" f" ~dI:~w'j!~~:U~~m;w,&!i<;:"'k1l:~;;.~~"~'&!,",r..~I#if!~iWt~Jlt!k~',!fi;"iMi~t:,,i-ii1';'~,"i!"*(~:"'''!;:",,,,'~,~:iri!l!l!l,~t',o-'WljU'- .., - iil~~"l m_ '"~-~'~"\ITlr~~=-;~~- i. ~ 1" g" '- -_,J~ '1 II 0 t:::~ 0 c .;.., " <" ". -ofr nlr' c ----n z=:- ~,:;J z,- rTl ~~~: .r:h Q '-'c ~-j '< ':>;-2'1 :Ec.. ,-' ~H :::-C, 'C-;:(~ p ~- ;~;;::m ~- ...J ...., ;:"1 :.n "':-:'; :D -< ...J -< "",,;'~ . '0 I...., T " ,."", .,~",~-.~ '-""""~~~- 11~1ll!lmc SUSAN Y. BRUBAKER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA vs. NO. 00-8860 CIVIL TERM DARYL BRUBAKER, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on December 29, 2000. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service ofthe Complaint. 3. I consent to the entry of a final Decree in Divorceafter service of notice of intention to request entry ofthe decree, WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE I. I consent to the entry of a final Decree in Divorce without notice. 2, I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ,if I do net claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary, I verify that the statements made in this Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa, C.S, ~4904 relating to unsworn falsification to authorities. f)~,\6~ Daryl Brubaker, Derendam Date: 7.1 '2.. 9 /63 _~~l' ~k'i~~-mrllia'i'.'lIIf~~~@!~)~~-;Wiil\!~-&l .-.lM!i~-~ '''''trli.1'~ "'.--.. ,- "."".,"; L~t ~," ;-, "' ~;, "' ~ ""'.;- () C ~:'" vti Ql~:! Zj [;; ~;- -<~"- ~C )-,.,. ..- -<..." ..c..,,:: 5>"-, C. z: -. -< "., (::J L~) o -ll .-::--j .-il~~T "" , "i.':} ),.:-- _:'J~) ~;J~ :.-~,nl ,~ ~ b 5:) -< ~ i~~ ..c- ;;~ (.J'j ...,J ,...t . , ~- ,I ~.. :0.; c -- " ~ - iw'J,.;ti -"~ -' DR 30460 P ACSES ID 321103086 SUSAN Y. BRUBAKER, Plaintiff/Petitioner vs. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUN1Y, PENNSYLVANIA : DOMESTIC RELATIONS SECTION : CIVIL ACTION - LAW DARYL BRUBAKER, Defendant/Respondent : NO. 00-8860 CIVIL TERM ORDER OF COURT AND NOW, this 20th day of March, 2001, based upon the Court's determination that Petitioner's monthly net income/earning capacity is $1,776.06 per month and Respondent's monthly net income/earning capacity is $2,996.77 per month, it is hereby Ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit, $185.00 per month payable bi-weekly as follows; $78.46 bi-weekly for alimony pendente lite and $6.92 bi-weekly on arrears. First payment due on Respondent's next pay date. Arrears set at $510,00 as of March 20, 2001. The effective date of the order is December 29, 2000, This order includes $85.00 per month for consideration of the mortgage payment being paid by the plaintiff, 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.s 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: Susan Brubaker. Payments must be made by check or money order. All checks and money orders must be made payable to P A SCDU and mailed to: PA8CDU 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. ; ~ ~ _..~ - i ~" .co , ' , j I,' i. _, -,.__" '._.';" I"C"~ "~~4g@t Respondent to provide medical insurance coverage for wife, This Order shall become final 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 J, Shadday ~, ai~~~<m '''',.~,i ",', to: < BY THE COURT, Petitioner Respondent Madelaine Baturin, Esquire Diane Rupich, Esquire ~ Edward E. Guido J. lJiIilW~l;1ir.~L"~'~il1j'&~Ji!li!f'!1;.i!1'ili@i,~~Ij~AA'itM;-J'\:L~_'.,,-,";,ig0f.;.llri!i!i-8J,J@",..!"i\ti-'ii%jj1~.w.~tmsJlIi.~Ilnl__~ilti!riil!a:ilrlt!r._!i1lIIiI!liIII,,,,,,,," ~" ~~t~.il:ll "' !1 !,~ I ,~ ,I il II ~ I II I II I I I I '.'; 0 0 9, e -? ::!t :> -1\ -(l l"~: .,:n :::0 --,," O)~'; n ,t;.- "-~" N -, zc , --'( ~ ~:~~~'. ~i", -.: --~ Cl._) '-0 ~:~~ ~~\ :p;c :JL: "'-0 r. ...._J 5c' .. ..-I " z_ - :q --', 0 -<. --<. ~ ~ .' I ~ ~'-- " .k,d~ , ''',"0. Iiim~- !.... .. ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT lXL ()(). ~fto (!ttllL State Commonwealth of Pennsvlvania f'JfI&-S ,361 ff 03{) "t, Co./City/Disl. of CUMBERLAND 0 ( Date of Order/Notice 03/20/01 j);e c3o<-/{pO Court/Case Number (See Addendum for case summary) @ Original Order/Notice o Amended Order/Notice o Tenninate Order/Notice ) RE: BRUBAKER, DARYL C. ) Employee/Obligor's Name (Last, First, MI) ) ) ) ) ) ) ) 181-42-9249 Employee/Obligor's Social Security Number 1019100674 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachrment) Custodial Parent's Name (Last, First, Mil Employer/Withholder's Federal EIN Number DFAS CLEVELAND CENTER EmployerlWithholder's Name C/O DFAS CODE L EmployerlWithholder's Address PO BOX 998002 CLEVELAND OH 44199-8002 See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMA nON: This is an Order/Notice to Withhold Income for Support based upon an order for suppon: from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/ob/igor's income until further notice even if the Order/Notice is not issued by your State. $ 170.00 per month in current support $ 15. 00 per month in past-due support Arrears 12 weeks or greater? @yes 0 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 $ 185.00 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: $ 42.69 per weekly pay period. $ 85.38 per biweekly pay period (every two weeks). $ 92.50 per semimonthly pay period (twice a month). $ 18~ 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 seou Send check to: Pennsylvania seou, 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 PROCESSECJ. DO NOT SEND CASH BY MAIL. If'~~~ ED ' , ;ll g;.;;.;! ~ ~...-. ~"!.: '- J~~7~() J; BY THE COURT: DRO: RJSSMdday xc: defendant Edward E. Guido ~ .JU]X;E Form EN-028 Worker ID $IAT1: Date of Order: March 21, 2001 Service Type M OMB No.: 0970-0154 Expiration Date: 12/31/00 ~~. , ~ -. ,I, J-'--,-,-, " '''- "liiiw. ~ 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 iegal process under State law against the same incame. 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 empioyee/obligor. 3. * R<:;f.1oltiJ 19 tile P-aydatefDatt of'llitllllvldil,g. Vuu Iflust Icpurlllle pa)Jcib'daoc. of vv;1l,LoldiI15 vvLeh seIIJ;"g tile payl.,eJ,t. -the- paydaWdate of vvillllluldihg is tll>;:; date oil vvLicl. AI.,obl,t vvcH vvitllL>;:;IJ flD11l tl.6 eJllp/oye.:/;:o vvages. 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 OrderlNotices due to Federal or State withholding limits, you must follow the law of the state of employee'slobligor'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 ollhis Order/Notice to the Agency identified below. WITHHOLDER'S ID: 2491016300 EMPLOYEE'S/OBlIGOR'S NAME: BRUBAKER, DARYL C. EMPLOYEE'S CASE IDENTIFIER: 1019100674 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 fall 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. ~ 1673 (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 taxesi Social Security taxesi 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 resped to these items. If you or your employee/obligor have any questions, contad WAGE ATTACHMENT UNIT by telephone at (71 7) 240-6225 or by FAX at (717) 240-6248 or by Internet @ Requesting Agency: DOMESTIC RELATIONS SECTION P.O. BOX 320 CARLISLE PA 17013 Page 2 of 2 Form EN-028 Worker ID $U.TT Service Type M OMB No.: 0970-0154 Expiration Date: 12131/00 --" ~ . ~'"" , '1_ ~J ~ '. " ~, - I ,~ ';m:' ADDENDUM Summary of Cases on Attachment DARYL C. Defendant/Obligor: BRUBAKER, 321103086~~&D PACSES Case Number Plaintiff Name SUSAN Y. BRUBAKER Docket Attachment Amount 00-8860 CIVIL$ 185.00 Child(ren)'s Name(s): DOB 'lj;;~~~~~~d;;~~~;~;~~~J;~~;~;~;~:i;~~~~;I~i;~~;i.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 o 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 If checked, you are required to enroll the child(ren) above in any health insurance coverage available employee's/obligor's employment. Addendum SelVice Type M OMS No.: 0970.0154 El'Piratip~ p~~e: 12131/00 PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB tlli~~~~~:~:;~~;;;~~~~i;~~;~~~;~li;~~~hild(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 o 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 o 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. Form EN-028 Worker ID ~:IATT ~-i~",*i,";<-,ill:t1'!,j-~i>.;;;;"";""'''.A~iliti\lj;a;,-ilii/!llii>l1",:'i0w.;.',<_"-,,,.,,,,,;,,,,,,rZ,,".'!;i""'-ffi;'4i""f'''-'Yil,''''ljj4N''Jl~$oJ!iJa>ii!~~~~~~1 J ~e'ttf$'- ~iili,'iWI:i o ~; "UCc; 111r:::; Z:J:-' ~~. pc'.' z-! .;'-CJ .....".C: 2: -; -. """~ o o "T'l Z :J~ ;:;0 1'0 ......; 'TJ ,-- :il _J CJ ~-:~;C) ):=-n .;- ;~ .~~ C) (5rn :::::; :n -< ~ -~..", ;;- Cl . j:J 1'1 II ;'i! Ui .'1 ~il :'~ ~jl nl ~il Ii! ,I ~I [Ii , '!J - ~~] '~ ,., :, ;',' l~ ", Iii ,il 'Ii Ii ) v-._~"- I I J , .~I!i?: .~ /:)(2.. 3oLj,ffJO C '(' -/ f'/j{d{ kK.. j~esLd 1<-, /VI ~r(V] . ~-.)t ~tcA-'- CUMBERLAND COUNTY DOMESTIC RELATIONS -- (J-' 8/14/01 Request for Support Record Search No, 00 - ~ttoo Date of Application: Name: RRllRl\KF.R DARYL (Last) (First) Address: 531 OLD ORCHARD RD., CAMP HILL, PA Social Security Number: 181-42-9249 Domestic Relations Case Number if Known: Party Requesting Information: COFNEF~'1'nI\lE r,l\l\ln TRANSFER, INC. (Print Name of Firm Name) C. (M!) 17011 D.O.B.: ,J;.:i_,..,I717JnO.,.9&64 (Telephone Number) ~ (717) 730-9665 (Fax Number) 4705 E. TRINDLE ROAD,MECHANICSBURG, .1'A. 17050 (Address) ~j}~ (Signature) x A Twenty Dollar ($20.00) Fee is Due per Social Security Number Make check or money order payable to: DRS/Lien Search I INITIAL REQUEST. , I Has no Record in Domestic Relations as of: (Date) Support Arrears as of End of Month PriOr to Date of Application: $ S6(~/,11o Monthly Total Support Obligation: $ /70.00 / fYlnnif.. " / The Amount shoWn above is reflected in the Domestic Relations Section Office of Cumberland County, Pennsylvania. (Y)Wlblf .,j!::./O/q/ OOlo7Lf Domestic Relations Case Number: J f'l C 5 Q'" 4F 3 .;lll 0 3 0 8" to Signed: (U.il.i~?/J, ~~ g.-lIP -01 -u(Llen Search Coordmator) (Date) BRING-DOWN REQUEST Support Arrears: $ As Of: (Date) Signed: (Lien Coordinator) (Date) *** Lien Satisfisfaction Receipt Available Upon Request*** ., .I" ". , "'d' ' ~~~~H~t~:Mi!:m.._Bti!W;W,ili2,;;;';'ift:,''''i!lillii&,~~'\I~!~~:i!Ii~liWitlt~'~"'ll '''-'"' - ~ c..,,;~,I"lIIl1i" Li'I" ~ JJl~~i~~ 0 0 0 C ~11 5.: "" ---i <J a:: c:: -1: " m fr G") . 11 z:x- f= ~2 ('";\ v' ." C) '_,i (1, r; :S .J'~ ::r:: :'5 " 6~"'-: (") )> c c,,) i~) en Z -.; en ::> ::<! ::D (11 -< >,,",",, ., ~ '-'h ii, !f1 P ~ ,-,,~_.^ ." ..:.~ ...- . ~ --' .-""='...' ,....... g,;~. -- , State Commonwealth of Pennsvlvania Co.lCity/Dist. of CUMBERLAND Date of Order/Notice 09/14/01 Court/Case Number (See Addendum for case summary) ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT lJd, 00 - ~O (J /' (// C- ;Me,e.s 3;;l/fu 3D$'''- /)~ 30 t,<(ocJ o Original Order/Notice @ Amended Order/Notice o Terminate Order/Notice ) RE: BRUBAKER, DARYL C. ) Employee/Obligor's Name (Last, First, MI) ) 181-42-9249 ) Employee/Obligor's Social Security Number ) 1019100674 ) Employee/Obligor's Case Identifier ) (See Addendum for plaintiff names associated with cases on attach.rnenV ) Custodial Parent's Name (last, First, MI) ) EmployerlWithholder's Federal EIN Number DFAS CLEVELAND CENTER* EmployerlWithholder's Name C/O DFAS CODE L EmployerlWithholder's Address PO BOX 998002 CLEVELAND OH 44199-8002 See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMA TlON: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania, 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. $ 170.00 per month in current support $ 0.00 per month in past-due support Arrears 12 weeks or greater? o yes <ID 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 $ 170 . 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: $ 39.23 per weekly pay period. $ 78.46 per biweekly pay period (every two weeks). $ 85.00 per semimonthly pay period (twice a month). $ 170.00 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 employe,e'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 INCWDETHE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED!. DO NOT SEND CASH BY MAIL. BY THE COURT: &Jtu~ b JV ("C Form EN-028 Worker 10 $IAT~' SEP 1 7 2001 Date of Order: Service Type M ~OM'NO':0970_0154 --J? -0 Expiration Date: 12/31/00 ,--~"~ .~. ." , ~ ~ L ~_r', '~_. ~, ~-"'~i,L -, , 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 iegal 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 empioyee/obiigor'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( Rep61l:115 tile PayJate/Dah.. v{ 'Nitl,l,oldihg. Yot. '"U:lt !epolt tile paydahdJate of nitllholdilrg vvl,eh oS':"! ,dillg tIle pClYlllellt. the-- payda.~/JClte of vval,l,oldilrg i:l tLe dateo VII VVllidl d.IIIOUht mB nitlll,eld (lOin tile llllj...luyee's ndgeS. 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 implementthe 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: 2491016300 EMPLOYEE'S/OBLlGOR'S NAME: BRUBAKER, DARYL C. EMPLOYEE'S CASE IDENTIFIER: 1019100674 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--discrirnination: 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, ONOTE: 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 resped 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, con tad by telephone at (71 7) 240-6225 or by FAX at (717) 240-6248 or by Internet @ Page 2 of 2 Form EN-028 Worker 10 $I'p',TT Service Type M OMBNo.:0970-0154 Expiration Date: 12/31/00 ADDENDUM Summary of Cases on Attachment Defendant/Obligor: BRUBAKER, DARYL C. PACSES Case Number 321103080/'309'&0 Plaintiff Name SUSAN Y. BRUBAKER Docket Attachment Amount 00-8860 CIVIL$ 170.00 Child(ren)'s Name(s): ~ -= ~~~ - . DOB '.I5;;~~~~'~~~:;~~:;~;~~~i;~~:;~~;~I't~~~~i,~(;~~;"" identified above in any health insurance coverage available through the employee'sfobligor'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 empioyee'sfobligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB 'tJli~~~~~~~:';~'~";;~".;~~~i;~~::~~;~II:~~.'~~i;~(;~~;"".""""'/".'" .,.. identified above in any health insurance coverage available through the employee'sfobligor's employment. Addendum Service Type M OMB No.: 0970-0t54 Expiration Date: 12131/00 " "' ' I." ~ . h",~ ,~" ,. 'a'" ! ~ ~ PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ..".,.........'...'.'......,............... , .,.,......... ,.".... "..,..,...'::.',....."."...:..;..,.;...;..'... [jlf~h~~k~d:;~~~re 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'sfobligor'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'sfobligor's employment. Form EN-028 Worker 10 $IATT Ji: i I l I 1 I i I I I I I 1 ... ~"~ "W1lJl!!!l~~__~~~~fi~ 0 0 C) C -'?", 3:. t/) 92 ff~ C71 u '""1". '"0 -/ ,-~ ,., IT', ~~I:: cO '.' ,-~-, r::c '-,:'''' ~ "0 -,'I , zC: ~. :..;:--, l' --0 w >) ,n >-c .::.:: ;;-= '" 'J--> :;2 ::0 0 ~: 2'~",.." ~,"' ...,-~-JJ^ ~~pl"!)mf';"'l"",~"'_t!&"':f~<\,'~_'li'~J"i'-P'-;;l'n,:"",pJ'i-"~-#1';,'!'1'f1~f.':!','iI:JIW~~;?';@r,;i''r{~1J'~i'i)l~,,"'\l_~I~~~ ~, - LIEN SATISFACTION Name: Daryl Brubaker Social Security Number: 181-42-9249 Judgment Lien Satisfied as of: September 5. 2001 Amount Paid: $ 506.96 Signed: 9jJft /)7, ~, (Lien Coordinator) -~-'""'"~~- " Pacses# 321103086 No. 00-8860 Civil DR# 30460 q-;27-rJl (Date) .,;.-- -".;" ,;,_.~-<: ~iiirc' S,;:.,-:.-_,,-, lii~l'<M~"d("-";d""';i"-"'>';';""~''''-'",,~<i.,tkMiljJjM1id';~-''''.i&.,,~w"&S,illJlI!Jii".!;e;M~~,t~",,!<t"''l11<L~!_ll1l1'idgiiil~ii'iim!li!W~~~~-~..Mi!_- C) ,~~~: ~e~,~' ,- ;i: ,~~ -...,....--- ..-~ r-. ~ ::::: --< , :, - ~ ~~ ~ f,) ~~ ~, c::: C) "1') U) fI1 -0 ," CD ,"1:, ,~ i'-q Q (~) ,;.25 ~!~? .~>(') ~~:'T" 2:;! -", -< :7'! , , ~ M ._-. . LL < i "'~ .~. --- -,'- -,-- r'" '~, , '1'7_ h~o/,{,> In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION SUSAN Y. BRUBAKER ) Docket Number 00-8860 CIVIL Plaintiff ) vs, ) PACSES Case Number 321103086/D30460 DARYL C. BRUBAKER ) Defendant ) Other State ID Number ORDER AND NOW, to wit, on this 24TH DAY OF JANUARY, 2002 IT IS HEREBY ORDERED that the support order in this case be 0 Vacated or OSuspended or ~Terminated without prejudice or 0 Terminated and Vacated, effective AUGUST 27, 2001 , due to: THE PARTIES MARITAL AGREEMENT. THE ACCOUNT IS' CLOSED WITH A CREDIT OF $895.55. DRO: RJ Shadday xc: plaintiff defendant Madelaine Baturin, Esquire Diane Rupich, Esquire BY THE COURT: JUDGE MWO Service Type M Form OE-504 Worker ID 21005 lll-"-- ~,j"'';''''~''''a~!,*..~'>i~jN;,;!-.Dii;':I'_U~~~~'l1mM,illif.@'1~-~;j,;!i!!i!fu~l""illl~iit!i~c4~M~~;$'fi~I~~" '~-~~l1Il_~~~- ,r:j ,-, I' I' fJ " "I I: ii i' i: ,I Ii i, if ii ~ n 0 0 0 c: N '1 s:: '- ~~:! ""tJ'OJ "'" fnrrl Z l~n~1 2:1:, zr N :::sCS end.': <.0 -<:..,;:::, C.),:, ~r:} ---I' ;":>0 -U q~ - Zo >C I:- bm ~ ,:::> s;! ::D -< CJ1 -< - .~" " ~ ~ . j"'~""""'~tE,,_, .'/ ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT ))!(/-, O2POtJ ~ ~f't€O {]I t// L State Commonwealth of Pennsylvania tAdf: I 3:J.-/1 () 1 () Y(# Co./City/Dist. of CUMBERLAND ' " Date of Order/Notice 01/24/02 hf:-.3 () Y&CJ Court/Case Number (See Addendum for case summary) o Original Order/Notice o Amended Order/Notice @ Terminate OrderlNotice ) RE, BRUBAKER, DARYL C. ) Employee/Obligor's Name (Last, First, Mil ) ) ) ) ) ) ) 181-42.9249 Employee/Obligor's Social Security Number 1019100674 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, Mil EmployerlWithholder's Federal ErN Number DFAS CLEVELAND CENTER* EmployerlWithholder's Name C/O DFAS CODE L EmployerlWithholder's Address GARNISHMENT OPS PO BOX 998002 CLEVELAND OH 44199-8002 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 sUPP0l1 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 the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee'sl 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 EFTIEDI, please call Pennsylvania State Collections and Disbursement Unit (SeDU) 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 PROCESSEl). DO NOT SEND CASH BY MAtL. BY THE COURT: Service Type M t2>u.);1 eo [;. ~O"0970-0154 1-,,~5' -() r:T c' "-'I Date: 12/31/00 W}){,;;{3 Form EN-028 Worker 10 2100S Date of Order: ,IAN 2 5 2002 --., ',,1,-"-- 'L' 'H ml1i.RJ'..~;",{ 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. * RepOlhlllS tll<:; rayaate/Ddte o('l.tithlloldillg. You II lUSt kpOlt tile pdydcde/Jate of ""itlllloldihg ""IICII 5clldillg tLf.. Pay II ,el It.-f-he- paydClb'dak vf vvitllLvldillg is tllO::: date vii ",,11;...11 ahl6UI,t vva5 vv;ll.l.elJ FIOI" tIlL. LIHployee's VVCl5ES. 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: 2491016300 EMPLOYEE'S/OB L1GOR'S NAME: BRUBAKER , DARYL C. EMPLOYEE'S CASE IDENTIFIER: 1019100674 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. B. 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 taxesi 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-&225 or by FAX at (717) 240-6248 or by Internet @ Page 2 of 2 Form EN-028 Worker ID 21005 Service Type M OMB No.: 0970-0154 ExplrationDate: 12/31/00 ,,~~ . .. <" " '~~~"",,,-,: PACSES Case Number Plaintiff Name SUSAN Y. BRUBAKER Docket Attachment Amount 00-8860 CIVIL$ 0.00 Child(ren)'s Name(s): Defendant/Obligor: BRUBAKER, 321103086/30%0 ADDENDUM Summarv of Cases on Attachment DARYL C. PACSES Case Number Plaintiff Name DOB Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Ou checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. "t:J;f '~~~~~~~,'~~~'ar~r~~ui r~~ t~e~r~II;~e'~hild(r~n) ," 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 o 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, o 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 .....',....,.,'..., ..,."., ,......... , .'...',. ""... ......... . o 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. [j I;ch~ck~d,y~~~;~requir~d to~nr;llthechild(re~)' , identified above in any health insurance coverage available through the employee's/obligor's employment. Addendum Form EN-0l8 Worker ID 21005 Service Type JIll OMBNo.:0970-o154 Expiration Date: 12/31/00 ~i!'tiilf<t~f),i<~Wh1M.~8-~i;;!lhili;!oW*"ll~1l;',lI~nri'';;M;j,:j",j~>>'->;ci'H''ll-''!''''i\>'il!;.~';;;-ill<t&;t;t,~)rl1(,~~tl'1Ii!dlll'~i1,~,,_.j,J!lP.il!lili:'=~ -'--l!iC'ifiilI!i~!!I:\IIlf~m~~~li-l -~ " . C) r..:: -0 if! fl1." :;s :J:; 03S~ ~~- ~::::C; ;ZCI ,-_r-) J.>.'~ c- 2: ::? ..=~~ '::;, (,1) '1liI!i~- , i . I i , Ie! "j , i , i :,! ::-i 'OJ " to,: " " , " il , I; , :: I " [, ;:j " Ii 'I II I, II ,I II II , II il II II ,- 0:5 C1 -r1 :,:} ->i?! ":!N ;'::<'t:1 ,~}Q r)7--.:. -"', .) is'''' :}";! ::0 -<; '- ,:::-'~ ---c_,<> ~'"- i'\.) \.0 .~ c, ~:: J::- -il.".- .I~ ~ ~ ~-" . .. -''-0' llI>III' '- ,~ ~ - "I!i~ ... SUSAN Y. BRUBAKER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA VS, : NO. 00-8860 Civil Term DARYL BRUBAKER, Defendant : CIVIL ACTION - LAW : IN CUSTODY CERTIFICATE OF SERVICE I, Madelaine N. Baturin, Esquire, of the law firm of Baturin & Baturin, attorneys for the Plaintiff in the above captioned matter, do hereby certify that on January ,2001, I deposited in the United States Mail, at the United States Post Office, Harrisburg, Pennsylvania, an article of Certified Mail, Return Receipt Requested, a certified copy of the Order of Court bearing Article No. 7099-3400-0013-3603-5858, addressed to: Daryl Brubaker, 940 South 28th Street, Camp Hill, PA 17011. The said article of Certified Mail, as shown by the Postal Return Receipt Card was received by the Defendant herein on January 10, 2001, and according to same, was signed for and which card is attached hereto and marked as Exhibit" A", along with the deposit slip dated January ,2001, for said article of Certified Mail aforementioned. BATURIN &BATURIN By: ('Y\ n Madelaine N. Baturin, Esquire Attorney J.D. 68971 717 North Second Street Harrisburg, P A 171 02 (717) 234-2427 (Attorneys for Plaintiff) Dated: January 11,2001 L " .2.'~ ~ Ij,,-'- '-'!1!<-, . <0 U'J <0 U'J Daryl Brubaker Postage $ . 3~ ; ; ,." c:J .JJ rT1 Certified Fee 1.90 1.50 Postmark He,. rT1 ..., c:J c:J Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) c:J CJ Total Postage & Fees $ 3.74 ::r- rrt Name (Please Print C/ear/y) (to be completed by mailer) g: -Si"~Wl~~~t-----'---------------------'-'--------------- ~ -CJ~Z/1fiii:---PA------------i70ii---------------------------------- <', 5Et40ER: ~ . Complete items 1 and/or' 2 for additional services. tI1 . Complete items 3, 4a, and 4b. m . Print your name and address on the reverse of this form so that we can return this ... card to you. !!! . Attach this form to the front of the mailpiece, or on the back if space does not G) permit. ... . Write "Return Receipt Requested" on the mailpiece below the article number. ~ . The RetuOl-Receipt will show to whom the article was delivered and the date - delivered. a 3. Article A!:idressed to: 'C ~ C. E o u .Camp Hill PA 17011 I a]so wish to receive the following services (for an extra fee): cD 1, 0 Addressee1s Address .~ 2, D Restricted Delivery ill Consult postm~~r for fee. a 4a. Article Number "8 7099 3400 0013 >~03 5858 &!. c 3 1ii 0: 01 C 'lii ~ ~ o ~ ~ o '" "" " .. .c I- 4b. Service Type D Registered o Express Mail D Retum Receipt tor Merchandise 7. Date of Delivery _ I 1-/0-0 8. Addressee's Address (Only if requested and fee is paid) p(certified D Insured D COD IJMm, BRUBAKER 940 S. 28th Street Q Q o;l 102595-98-8-0229 Domestic Return Receipt Exhibit "A" ~ "~I -." -'-" '-' ., - r ~--~ ~ [ "~--,, - , " SUSAN Y. BRUBAKER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. . NO. 00-8860 CIVIL TERM . . . DARYL BRUBAKER, . CIVIL ACTION - LAW . Defendant . IN CUSTODY . ORDER OF COlJRT AND fOIl, this 11 day of upon =nsideration of the attached CUstody ordered and directed as follows: ~ ,2001, Conciliation\ Report, it is 1. The Mother, Susan Y. Brubaker, and the Father, Daryl Brubaker, shall have shared legal custody of Julie Yvonne Brubaker, born July 3, 1983. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. 2. The Father shall have primary physical custody of the Child. 3. The Mother shall have partial physical custody of the Child, at a minimum, on alternating weekends from Friday after school through Sunday evening. During the Mother's weekend periods of custody, the Father may pick up the Child for church on Sunday morning and return the Child after church. The parties may establish additional periods of partial custody for the Mother and Child by agreement. The Mother's periods of weekend custody shall begin immediately following the first counseling session, as provided in the following provision. Nothing in this provision shall serve as a basis for a contempt petition. 4. The Mother and the Child shall attend counseling with a professional selected by agreement of the parties. The purpose of the counseling shall be to address problems which have arisen in the Mother-Daughter relationship. The parties shall follow the recommendations of the counselor with respect to the duration and frequency of the counseling. The Father shall also follow the recommendations of the counselor with respect to his participation, if appropriate, in the counseling sessions. The parties shall equally share all costs of the counseling which are not covered by insurance. The parties shall select the counselor and contact the counselor's office within 1 week of the Custody Conciliation Conference in order to schedule the first counseling session. 5. Counsel for either party may contact the Conciliator to schedule -,', ,;;, - - . ... ,,' ,. _:.,,_."~----' "' '--~ ~ - an additional CUstody Conciliation Conference, if necessary. 6. This Order is entered pursuant to an agreement of the parties at a CUstody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. / BY THfCOURT, \q ~, cc: Harry Baturin, Esquire - Counsel for Mother Diane Rupich, Esquire - Counsel for Father '7 f\:;) ~ -^~ D \ l.6Y' '): \~~ o ~\\ J. -", ..'-~;; . 1\ I~ i ,~, ,'.'> - ~ ' --,,~ ^ ~ ,"^"~"",,,,""^,r',,"., II' C- / '" ~ I"/:" , ,,~ 1"'\ '(j I ,-Y;. l-/Z..;:< :"'-'/" A'-""'"~, (';V;;~\ lyS' ,,' . )(/;I:...L . ii!/'.1 "',. 1 <'''j 1,'1 'IV '><C ,~.- '''' ~ ..~ .~_' r,'<. - '~'I .~"' ~. ,-" ~, " "..'~ "<-'~r~<1<Il"--'-"~"=""'. I.:,.y , ".jf'}).__ ,--'. ,. -'j V J,JJIIl!!" "I ~,'~, _, j !W~~~,.,'ifjli!W"'-'N'~_'h.~,,,,~~',f""-'"'N_~''f':l1(~!1t\,;I>~'''?lifF'~{\~!it'~~~~~,~_~ "JR~ - ~ ,J},.-- d ~--~1 ._" '0'-"'-": - SUSAN Y. BRUBAKER, : IN THE OJURT OF OJMMON PLEAS OF Plaintiff : CUMBERLAND OJUNTY, PENNSYLVANIA : vs. . NO. 00-8860 CIVIL TERM . . . DARYL BRUBAKER, . CIVIL ACTION - LAW . Defendant . IN CUSTODY . CUSTODY CXI'ICILIATIOO SUMMARY REPCRr IN ACCORDANCE WITH CDMBERLAND COONTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned CUstody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Julie Yvonne Brubaker July 3, 1983 Father 2. A Conciliation COnference was held on February 6, 2001, with the following individuals in attendance: The Mother, Susan Y. Brubaker, with her counsel, Harry Baturin, Esquire, and the Father, Daryl Brubaker, with his counsel, Diane Rupich, Esquire. The parties' 17 year old daughter, Julie, also participated in a portion of the COnference. 3. The parties agreed to entry of an Order in the fom as attached. ~ (~, Dawn S. Sunday, Esquire 7 CUstody Conciliator 7. rl-em I , " ,~ .1" - -~,,', iIIl J.~~ ~ SUSAN Y. BRUBAKER, Plaintitli'Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE DARYL BRUBAKER, Defendant/Respondent NO. 00-8860 CIVIL TERM IN DIVORCE DR# 30460 Pacses# 321103086 ORDER OF COURT AND NOW, this 6th day of February, 2001, upon consideration of the attached Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J. Shaddav on March 20. 2001 at 9:00 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (I) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 191O.1W (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, George E, Hoffer, President Judge Mail copies on 3-6-01 to: Petitioner < Respondent Madelaine Baturin, Esquire Diane Rupich, Esquire ~ /11.J '- ,. ~'. Shadday'~Onference Officer Date of Order: March 6, 2001 YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LffiERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717)249-3166 r ~~ . "' ~ -' 'I I II I 'I II I, I! " I I I I I, !i II II " , Ij I ,i i'l ;.'i I I i I I I i"i "'-~ . ,~ "1Ri~'\~,,O~""""~ t"ll~~:l~.ll1P1~~llI\'M ~ Ii '- ~ . 1'1 \1 i',:'"\J, 1/1 t I ,".-/', I i _J d,) I L"ji'\J,,~ ~ - I ," " ,- ,'~'T_", '. ~~i!"'~:i!~-0'-7~(''''~''f~,,~~r'--';fi'''G'''''CC?:;- ".---;;;r-*1l1W?~~~~1'*~,;"W.",,,(,,-,,,-ili^""-;"4!FWlii\i:'il!~ ,~" , I ~ -. .l "'" ,_^_ _".'_,~ ',,,;;':; ',-;<j'" 'c,,,,j_~_ t- "-_~_",,,-_ ~-,' - ..;.q~ , . . .~ '" .' . SUSAN Y. BRUBAKER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Defendant : NO, 6J(J - ~~b() CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE/CUSTODY c; <::.;: (~' . vs. DARYL BRUBAKER, NOTICE TO DEFEND AND CLAIM RIGHTS ;::" ~. ---, 1 .<- ~ , (",:.' \.:...- YOU HAVE BEEN SUED IN COURT. If you wish to defend against the clatr!!'s set ", forth in the fo !lowing pages, you must take prompt action. You are warned that if yo~faH to :gp so, the case may proceed without you and a decree of divorce or annulment may be en'f~d "':? against you by the Court. A judgment may also be entered against you for any other claltp. 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, Carlisle, Pennsylvania, IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office, All arrangements must be made at least 72 hours prior to any hearing or business before the Court. YOU 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, P A 17013 Telephone: (717) 249-3166 Date: 12/28/00 BAT~IN&BATURIN k By: 'f'v{ II" r-/ J Madelaine N. Baturin, Esquire (Attorney J.D. No. 68971) 717 North Second Street Harrisburg, P A 17102 (717) 234-2427 .....- ~ " cL_ '~ '~ " ,i" '. ' { " ";-,. '",' , '~"""";l .' . . ,- SUSAN Y. BRUBAKER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA ~ NO, 00 - ??tGO CIVIL TERM vs. DARYL BRUBAKER, Defendant : CIVIL ACTION - LAW : IN DIVORCE/CUSTODY C01 )NT T COMPLAINTTJNDER SECTION 330] (c) OF THE mVORCE CODE I. The Plaintiff is SUSAN y, BRUBAKER, an adult individual, sui juris, who currently resides at 531 Old Orchard Lane, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The Defendant is DARYL BRUBAKER, an adult individual, sui juris, who currently resides at 940 South 28th Street, Camp Hill, Cumberland County, Pennsylvania 17011, 3, The Plaintiffhas been 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 December 4, 1976, in Akron, Summit County, Ohio. 5. There has been no prior action for divorce or annulment of the marriage between the parties hereto in this or any other jurisdiction. 6. Plaintiff avers that there is one (1) child of the parties under eighteen (18) years of age. 7. The Plaintiff and Defendant are both citizens of the United States of America, 8. The Defendant is not a member on active duty of the Armed Forces of the United ,,,: , , <c . d , ~ ~h _,cO<" l.\ii!' " States of America nor any of its allies. 9. The Plaintiff avers that the grounds upon which this action is based is that the marriage is irretrievably broken. 10. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. COT TNT TT COMPY ,ATNT UNDER SECTION 3301 (a)(6) OF THE DIVORCE CODE 11. All of the averments in Paragraphs 1 through 10 are incorporated herein as though each was set forth under Count II as in Count 1. 12, In the alternative, Plaintiff avers that the Defendant hath offered such indignities to the person of the Plaintiff, the iunocent and injured spouse so as to render her condition intolerable and life burdensome. WHEREFORE, Plaintiff requests the Court to enter a Decree in Divorce dissolving the marriage between the Plaintiff and Defendant and for such further relief as the Court may determine equitable and just COUNT Tn CLAIM FOR EQTJTTABLE DISTRTBTJTTON OF MARTTAL PROPERTY UNDFR SF.CTTON 401 OF THE DIVORCF CODF 13. All of the averments in Paragraphs I through 12 are incorporated herein as though , L~, '-" , i "",,' ~', ,,0;_'"-'''--' ',. . ';c_ ....~~ ~.~ ~~ " each was set forth under Count III as in Count I and Count II. 14. The Plaintiff and Defendant acquired real property and personal property during the marriage which needs to be equitably distributed. WHEREFORE, Plaintiff requests the Court to enter a Decree in Divorce: A. Dissolving the marriage between the Plaintiff and Defendant; B. Equitably distributing all marital property owned by the parties; and C, For such further relief as the Court may determine equitable and just. COUNT IV RFQTTFST FOR CHILD CUSTODY 15. All of the averments in Paragraphs I through 14 are incorporated herein as though each was set forth under Count IV as in Count I, Count II and Count II. 16, Plaintiff is Susan y, Brubaker, an adult individual, residing at 531 Old Orchard Lane, Camp Hill, Cumberland County, Pennsylvania 17011. 17. Defendant is Daryl Brubaker, an adult individual, residing at 940 South 28th Street, Camp Hill, Cumberland County, Pennsylvania 17011. 18. The subject minor child, JULIE YVONNE BRUBAKER, was born of the Plaintiffs and Defendant's marriage, on July 3,1983, being seventeen (17) years of age. 19. The relationship of the Plaintiff to the subject minor child is that of mother. 20. The relationship of the Defendant to the subject minor child is that of father. 21. The aforementioned child is presently in the physical custody of her father who -'~. ,. '. . "-- ~_ e " _, , . ,; ,~_;, ,__~ _ F'_~_"_>'_'_ -_, (~ . "-": ",-~~ " currently resides at 940 South 28th Street, Camp Hill, Cumberland County, Pennsylvania. 22. Said minor child has resided at the following addresses since birth: ADDRF,SS DATR PRRSONS RRSTnRD WITH 508 Ross Avenue New Cumberland, P A Since birth to 11/88 Mother and Father 531 Old Orchard Lane Camp Hill, P A 11/88 - 10/28/00 Mother and Father 531 Old Orchard Lane Camp Hill, P A 010/28/00 - 12/21/00 Mother 940 South 28th Street Camp Hill, P A 12/21/00 - present Father 23. Plaintiff/natural mother seeks shared legal and primary physical custody of the subject minor child, Julie Yvonne Brubaker. 24. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the said minor child in this or another court. 25. Plaintiff has no information of a custody proceeding concerning the minor child pending in a court in this Commonwealth, 26. Plaintiff knows of no other person or party to the within proceeding who has physical custody of Julie Yvonne Brubaker or who claim to have custody or visitation rights with respect to said child. 27, The best interest and welfare of the said minor child will be served by granting the relief requested because: - ~ '" .~ , '- j _'L_ -2,'_''-'--' - -',,-'.: '~i . " a. PlaintiWmother is well able to adequately provide for the continuing health, educational needs and general welfare of the child; b. Plaintiffi'mother is well able to adequately provide the said child with a proper and wholesome environment, physically, emotionally, psychologically and socially, within which to live; c. PlaintiWmother is able to provide said child with a stable environment; d. It is in the best interest ofthe said child generally that primary physical and legal custody be granted to the natural mother, Susan Y. Brubaker, Plaintiff herein. WHEREFORE, Plaintiff, SUSAN Y. BRUBAKER, respectfully requests that this Honorable Court enter a Decree In Divorce: A. Dissolving the marriage between the Plaintiff and Defendant; B. Grant Plaintiff shared legal and primary physical custody of the subject minor child; C. Equitably distributing all marital property owned by the parties; and, D. For such further relief as the Court may determine equitable and just. COTJNT V REQTJESTFOR ALIMONY, ALTMONY PENDENTE LITE, AND Cot JNSEL FEES 28. All of the averments in Paragraphs 1 through 27 are incorporated herein as though " ~ - ,',-- '. "-;'''0''-" -",," "',',- -<.- "~-~'~'-lW., . . . each was set forth under Count IV as in Count I, Count II and Count II. 29, The Plaintifflacks sufficient property to pay for the expenses of this action, including her reasonable counsel fees, nor to provide for her maintenance and support. WHEREFORE, Plaintiff, SUSAN Y. BRUBAKER, respectfully requests that this Honorable Court enter: A. A Decree In Divorce Dissolving the rnarriage between the Plaintiff and Defendant; B. Grant Plaintiff shared legal and primary physical custody of the subject minor child; C. Equitably distributing all rnarital property owned by the parties; and, E. Granting Alimony, Alimony Pendente Lite, and, Counsel Fees; and D, Order further relief as the Court may determine equitable and just. Respectfully submitted, BATURIN & BATURIN ')'1 A-. J/ J~) /~ if t^'-/ \ By: Madelaine N, Baturin, Esquire Attorney I.D, No. 68971 (Attorney for the Plaintiff) 717 North Second Street Harrisburg, PA 17102 (717) 234-2427 DATED: December 28,2000 ~" ,- ~- ',- '~-, -, ,,- j "~t - >- . 'i~ "---'~~'1""""" " ";"",' -, '~"~i . , VRRTFTCATTON 1 VERIFY THAT THE STATEMENTS MADE IN THIS COMPLAINT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, BELIEF AND INFORMATION, I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA. C.S, 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES, DATED: /2..).8'1)/) ,,&UJtlA.J ~~J(SEAL) SUSAN y. B AKER -;~-",,,,-.Q'"~""'-"" r - -~ , ..J "~. 'I ..J~" -, -""""'~l'-i=~~' _""'"~ -, 'ii~'-'~~~ . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA APR 2 5 2003 t, SUSAN Y. BRUBAKER, Plaintiff No, 00-8860 CIVIL TERM DARYL BRUBAKER, Defendant ~ ORDER . AND NOW, this d~ day of ~ Stipulation and Agreement dated ~ 11 case is incorporated, but not merged, into this Order of Court. , 2003, the attached of the parties in this 1. ATTEST: ~-'''-i c , " ,~ _ "'''~'''<''_ H ~;',' .,_. ,_, ' ", _, '" ,',~" ~'~ I ' OF l::lL_TE:;~"~.i~:~),R~)TARY ~ - ,-,,, I' U-J'-' "tDP t' H J-q ,j: 't H; I' ...., " CU' j-"'" """'UNT"I( pi t5-C::ilJ~_,\'..,J 0l/ , Ii PENNSYLVANIA . '''' ",,-"" "."_"',",_~ "_h "'.-,<~ "_ ~~~ .-. cJ "\ S ~ , ':I- ~ 4\ J ~ \~ . ~ ~ j-I ,'"- - t';'I'~:W#'%='''''''''';' . _ _ _ _~~,~!lJ'!'IA1l~m_.~ < "~~~ ..!~~ -, '~""7-' W!F!fff~"'i!:''''J<~,.,.,. ,~ 'otqN''''',4,' f;"?'lW;!lF)f"i.F.""!:"'.J~'"IJ'1N"~'\<;_ ,'TIe; ,~~~~ ;,'1'<' -.= " , , j" ' '-~~~,~~,m" .' IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA SUSAN Y. BRUBAKER, Plaintiff No, 00-8860 CIVIL TERM DARYL BRUBAKER, Defendant STIPULATION FOR THE ENTRY OF "DOMESTIC RELATIONS ORDER" AND NOW, this 17#..-dayof ~ ,2003, the parties SUSAN Y. BRUBAKER, Plaintiff, and DARYL BRUBAKER, Defendant, do hereby Agree and Stipulate as follows: 1. The Defendant, DARYL BRUBAKER, hereinafter referred to as ("Member") is a member of the Civil Service Retirement System (hereinafter referred to as "CSRS"). 2, CSRS, as a creature of statute, is controlled by the United States Code, 5 U.S,C, Sections 8341-46, ~ -- -~- "" L" -, ~.' ..L...l'i"~'"'''''-b\ 3. Member's date of birth is July 17,1949, and his Social Security number is 181-42-9249. 4. The Plaintiff, SUSAN Y. BRUBAKER, (hereinafter referred to as "Alternate Payee") is the former spouse of Member, Alternate Payee's date of birth is 12/18/55, and her Social Security number is 299-58-1925, 5, Member's last known address is: 531 Old Orchard Lane Camp Hill, P A 17011 6, Alternate Payee's current mailing address is: 1929 Aborfield Court Virginia Beach, VA. 23464 It is the responsibility of Alternate Payee to keep a current mailing address on file with U.S, Office of Personnel Management at all times. 7. The Alternate Payee's share of the Member's retirement benefit IS $34,553,24. 8. Member's retirement benefit is determined as all monies paid to or on behalf of Member by CSRS, including any lump sum withdrawals or scheduled or ad hoc increases, but excluding the disability portion of any disability annuities paid to Member by CSRS. The equitable distribution portion of the marital property component of Member's retirement benefit, as set forth in Paragraph (7), shall be payable to Alternate Payee and shall 2 _~,'~O'" ". ," .. -, ,i Jl ~"- , -'::nJiiMll!:~* commence as soon as administratively feasible on or about the date the Member actually enters pay status and CSRS approves a Domestic Relations Order incorporating this Stipulation and Agreement, whichever is later. 9. Member hereby nominates Alternate Payee as an irrevocable beneficiary to the equitable distribution portion only for any death benefits payable by CSRS upon the death of the Member. This nomination shall become effective upon approval by the U.S. Office of Personnel Management, or his authorized representative, of any Domestic Relations Order incorporating this Stipulation and Agreement. The balance of any death benefit remaining after the allocation of Alternate Payee's equitable distribution portion ("Balance") shall be paid to the beneficiaries named by Member on the last Nomination of Beneficiaries Form filed with the U.S, Office of Personnel Management prior to Member's death, (a) If the last Nomination of Beneficiaries Form filed by Member prior to Member's death (a) predates any approved Domestic Relations Order incorporating this Stipulation and Agreement, and (b) names Alternate Payee as a beneficiary, then: (1) the terms of the Domestic Relations Order shall alone govern Alternate Payee's share of any death benefit, and (2) for purpose of paying the Balance via the last Nomination of Beneficiaries Form filed with the U.S, Office of Personnel Management prior to Member's death, Alternate Payee shall be treated as if Alternate 3 ~~. , I ~ .~'" ~~~!8" Payee predeceased Member. No portion of the Balance shall be payable to Alternate Payee's estate. (b) In addition, Member shall execute and deliver to Alternate Payee an authorization, in a form acceptable to CSRS, which will authorize CSRS to release to Alternate Payee all relevant information concerning Member's retirement account. Alternate Payee shall deliver the authorization to CSRS, which will allow the Alternate Payee to check that she has been and continues to be properly nominated under this paragraph. 10, The term and amounts of Member's retirement benefits payable to the Alternate Payee after CSRS approves a Domestic Relations Order incorporating this Stipulation and Agreement shall be payable in monthly payments. 11, Alternate Payee may not exercise any right, privilege or option offered by CSRS. CSRS shall issue individual tax forms to Member and Alternate Payee for amounts paid to each. 12. In the event of the death of Alternate Payee prior to receipt of all of his payments payable to her from CSRS under this Order, any death benefit or retirement benefit payable to Alternate Payee by CSRS shall revert to Alternate Payee's Estate, 4 JLj)] - -~ . .i _ _ ~" , ~""'.~~M'! 13. In no event shall Alternate Payee have greater benefits or rights other than those, which are available to Member, Alternate Payee is not entitled to any benefit not otherwise provided by CSRS, The Alternate Payee is only entitled to the specific benefits offered by CSRS as provided in this Order. All other rights, privileges and options offered by CSRS not granted to Alternate Payee by this Order are preserved for Member, 14. It is specifically intended and agreed by the parties hereto that this Order: (a) Does not require CSRS to provide any type of benefit, or any option, not otherwise provided under the Retirement Code; (b) Does not require CSRS to provide increased benefits (determined on the basis of actuarial value) unless increased benefits are paid to Member based upon cost of living or increase based on other than actuarial values, 15. The parties intend and agree that the terms of this Stipulation and Agreement shall be approved, adopted, and entered as a Domestic Relations Order. 16. The Court of Common Pleas of Cumberland County, Pennsylvania, shall retain jurisdiction to amend any Domestic Relations Order incorporating this Stipulation and Agreement, but only for the purpose of establishing it or 5 ':r~ ~ = "~ 'j . ,~'=-'~.' !Ji!li,J!i\lil!ili!'k)' maintaining it as a Domestic Relations Order; provided, however, that no such amendment shall require CSRS to provide any type or form of benefit, or any option not otherwise provided by CSRS, and further provided that no such amendment or right of the Court to so amend will invalidate this existing Order. 17. Upon entry as a Domestic Relations Order, a certified copy of the Domestic Relations Order and this Stipulation and Agreement and any attendant documents shall be served upon CSRS immediately. The Domestic Relations Order shall take effect immediately upon CSRS approval and CSRS approval of any attendant documents and then shall remain in effect until further Order of Court. WHEREFORE, the parties, intending to be legally bound by the terms of this Stipulation and Agreement, do hereto place their hands and seals. f)~ C u3~ Defendant/Member, Daryl Brubaker fendant/Member, Diane M. Dils, Esquire A ~'J tii {lu.J~uJ Plaintiff/ Alterna ayee, Susan Y. Brubaker ~ laintiff/ Alternate Payee, Harry M, Baturin, Esquire 6 ~~.~ii"'.1i:,;;-,,,,:njj_*,~~.;;!,;,,!~,,;,r,;iMMi'i<i;';';'ii(....'0,':i';'L' 'f~>",t1",,,,'5)'~:;i~h'ill...,"C-7,~"'""1,:,<J~~~lfilll!I .",.~=",-,,~ ""~: l1~!!i-~'-""""~~iliiil\r~- '~.!)_l\t:HlM ~ (') c: -o~~ n1rn -:;? ~-,., ""--'-. 2C:- ~"",:;:. k'C7 ~O >() (: -7 :~ " ___. ., ,~u ,-~~ '_' ,~,,' -~-,_ - >'~"'_ "" - I _ ~ '- , ""_ ~" , " q, ,--_ , .u'''''''~''~LU "" - -,~ ,- ~:i ,I II II I I o r",:). o -n -~ "" ;:;c; "" ..,,,' ~ ~ '! ?:J ~bd ~~;s q[) "''''''rn ;:::l 55 -< .r-:- ~ v :::r r:-? <n .._~'O _ "~~_,~ ^ 0-'_'