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Home My WebLink About01-0161 FX '-1., ,~",,-' - , , , , :t: :+; :t: :t: :t':t: . , . , , , , IN THE COURT OF COMMON PLEAS . OF CUMBERLAND COUNTY . PENNA. , STATE OF . . Joseph O'Donnell . 01-161 No. . . , . VERSUS . , Connie O'Donnell . . . . DECREE IN DIVORCE . . . . . . . . ~( 2D 2006 AND NOW, , IT IS ORDERED AND . . . . , . . . . . . . , , . . DECREED THAT Jospeh O'Donnell , PLAINTIFF, Connie O'Donnell AND , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. . , IHE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; NONE The terms, provisions and conditions of the Marital Settlement Agreement, attached hereto, are hereby incorporated into this Decree in Divorce by . . . . . . . . . . , . . . . , . . . . reference as though fully set forth herein. merge with but shall survive this Decree in Said Agreemen~ shall not Divorce. J. . . . . , . . . . . . '. . /!9; PROTHONOTARY . . . . '-""1,' ", 1- 1 -' --~ 'I . . . . . , . , , , . . . . . , . . . . , . . . , , . . . . . , , . , . . . . , . . . . , , . , . . . . , . , , . ~ppt-~' ~I< ~p'7-~ ~-~?l . " . ~, .,.r '\ , . 'i";~." t. i i I I I I I - ,~ . , "/O'Sz::':/7 ;?V'-se .1/ ~ a~.'_= .,=__.. 'U~'~v'_"" "~,~~."<",,,_~ ="" <~"~ ~~~, ~~--'".,,' L'lO""__",.~ ~"" ~'" 'H,__!I'I~=._...."..",,,,~._~.j!I!J'l"'~~~~~'IW;!iIIi!i1~~""'~."""""~~I_ -:~",jlIl~Il!Ill!i!ll~ 'i)," ~.- ~":"""",,'~-- , ,'" _,ok', JOSEPH P. O'DONNELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01 - 161 CIVIL CONNIE EBY O'DONNELL, Defendant IN DIVORCE ORDER OF COURT AND NOW, this ~~ 4A~d.. day of )~~j, 2005, the economic claims raised in the proceedings having been resolved in accordance with a marital settlement agreement dated August 8, 2005, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, Geo cc: Jordan D. Cunningham Attorney for Plaintiff fl-)). -D~ ~~ 71115 Samuel L. Andes Attorney for Defendant . _,_<_"" _,'" , ____, ~ I, ",. _" <'''', r~_r___ c,l,' ,,-- ---, ~- ,~ , ~ " -~-. "" -," - .--" -~- ",or- ~ ,:-",!!., ,~<,=~~. \r.r'..,NI\\,\SNi-L=jd A1N~\C('" .r~,-..: . :::-:',~,~.':f\~n8 L'1 :()\ ~{~ 22 tiG\'! ~uUZ },t!\;fl0NCkllCdd :1H1 :10 ~r" J ,,' "-'11:1 :iJcdJ'-_d ~ .,~ -, ^ -~ """.,""," .' ,""'.' t/7 1;[ '-"^,' ,~~~J ,,"'~-' -. ,-. '~",,'" .-. >"""~"'-'^ -.., ~"""~"1t't:'lr'-~' !,' -''''''~-,,-.''':!_,~-~~, ~i""'_ - , r~~:' iQi' '~, . .; . ' , .y,'~.~.~ ~~ " ~ -" .......,"""1:1"0'" 0'"'' ....,,,,,:1,,, , r Ul:.j.j:Utl p.m. UtI-Uo-:t'UUo MARITAL SETTLEMENT AGREEMENT BY AND BETWEEN JOSEPH O'DONNELL AND CONNIE O'DONNELL Jordan D. Cunningham, Esquire Cunningham & Chemicoff, P.e. 2320 North Second Street p, O. Box 6045'7 Harrisburg, PA 17106-0457 (Attorney for Joseph O'Donnell) Samuel 1. Andes, Esquire 525 North Twelfth Street Lemoyne, P A 17043 (Attorney for Connie O'Donnell) 2/21 ,\< - ",",' / " / /-t ~Yi__ , " .......u ..-uv" " , Ie"" _ 4 ,'. , .....UIIl!lI'Y'IClrlt ClllU I..,tlell1l U1 :33:13 p_m. 08-05-2005 TABLE OF CONTENTS HEADINGS PAGE 1. ADVICE OF COUNSEL ............................. 2. DISCLOSURE OF ASSETS .......................... 3. EQUITABLE DISTRIBUTION ........................ (a) Real Property ............................ (b) Furnishings and Personal Property ........ (c) Motor Vehicles ........................... (d) Pennsylvania State Employees Retirement System Defined Benefit Retirement Plan.................................. (e) Pastuka Defined Benefit Pension Retirement Plan.................. (f) Miscellaneous Property.......................... (g) Property to Wife ......................... (h) Property to Husband ...................... (i) Capital Gains Taxes ................ (j) Business lnterest.............. 4. ALIMONY....................... 5. LIABILITIES............... ........ 6. COUNSEL FEES .................................. 11 7. WANER OF BENEFICIARY DESIGNATIONS ............ 11 ii , ,- 3/27 2 3 4 4 4 4 4 5 6 6 6 7 7 7 8 ,I ,~ ~>~ U1 :::S::S:l1 p.m. Otl-Oh-200t> VU'''''''1:!'''''''' ","U ....."l;;:ll" TABLE OF CONTENTS (Continued) HEADlNGS PAGE 8. RELEASE OF CLAIMS ............................. 9. APPROVAL OF MARITAL SETTLEMENT AGREEMENT BY THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA AS A CONDITION OF EFFECTIVENESS...................... 10. PRESERVATION OF RECORD ........................ 11. MODIFICATION ................................. 12. SEVERABiliTY ................................. 13. BREACH ....................................... 14. WAIVER OF BREACH ............................. 15. NOTICE ....................................... 16. APPLICABLE LAW ............................... 17. AGREEMENT BINDING OR PARTIES AND HEIRS ....... 18. ENTIRE AGREEMENT ............................. 19. PRIOR AGREEMENTS ............................ 20. lNCORPORATION OF DOCUMENTS ................... 21. MUTUAL COOPERATION ........................... 22. DATE OF EXECUTION ............................ 23. EFFECTIVE DATE ............................... 24. AGREEMENT NOT TO BE MERGED ................... 25. EFFECT OF RECONCILIATION iii ."J.. 1 "' -~ '-I" r "~I~ .1 4/27 12 12 14 15 15 15 15 15 16 16 16 16 17 17 17 17 17 . " l,,_~. ;p---- , " €.vV -.uv", .....UI\l11l1\:lllGlIII GlI1U .....Ilerlll 01 :33:29 p,m, 08~05-2005 5/27 " RECONCILIATION ATTEMPT .................. TABLE OF CONTENTS (Continued) 18 HEADINGS PAGE 26. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS................ 27. CONTRACT INTERPRETATION....................... 28. ENFORCEMENT................... 29. HEADINGS NOT PART OF AGREEMENT ............... 30. COUNTERPARTS ................................. 18 19 19 19 19 iv ~':; tJ "' I" - - I - - '1'- " , - ~~,~ ~~...~ It' L..JU 9-UV:1 .....Ul1llll1gllClfll CIllO \...-nerm 01 :33:34 p.m. 08-05-2005 6/27 f' . . MARITAL SETTLEMENT AGREEMENT TIllS AGREEMENT made this _ day of August, 2005 by and between JOSEPH O'DONNEll.. of Mechanics burg, Cumberland County, Pennsylvania (hereinafter referred to as "HUSBAND"), and CONNIE O'DONNELL of Mechanics burg, Cumberland County, Pennsylvania (hereinafter referred to as "WIFE"), WITNESSETH: WHEREAS, WIFE was born on September 4,1951, and currently resides at 4193 Nantucket Drive, Mechanicsburg, Cumberland County, Pennsylvania; WHEREAS, HUSBAND was born on July 19, 1954, and currently resides at 1402 Timber Chase Drive, Mechanicsburg, Cumberland County, Pennsylvania; WHEREAS, the parties hereto are husband and wife, having been married on December 19, 1993, in New Cumberland, Cumberland County, Pennsylvania; WHEREAS, the parties hereto are desirous of settling fully and [mally their respective financial and property rights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership of real and personal property, the support and maintenance of one another, and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of these premises, and of the mutual promises, covenants, and undertakings hereinafter set forth, and for other good and valuable consideration, receipt and sufficiency of which is hereby acknowledged by each of the parties hereto, 1 --"i\,.'''tr'...~ I' '-1 ^" I II .t:JO <tOV:1 vU!l!llngrmfn ana .......nerm 01 :3~:4{ p.m. 08-00-2005 7127 HUSBAND and WIFE, each intending to be legally bound hereby, covenant and agree as follows: 1. ADVICE OF COUNSEL: The provisions of this Agreement and their legal effect have been fully explained to WIFE by her counsel, Samuel L. Andes, Esquire, and to HUSBAND by his counsel, Jordan D. Cunningham, Esquire. Each party acknowledges that he or she has had the opportunity to receive independent legal counsel of his or her selection, and that each fully understands the facts and his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, and that execution of this Agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. In addition, each party hereby acknowledges that he or she is aware of the impact of the Pennsylvania Divorce Code, 23 Pa. C.S.A. 93101, et ~., whereby the Court has the right and duty to detennine all martial rights of the parties including divorce, alimony, alimony oendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs oflitigation and, fully knowing the same, and being fully advised of his or her rights thereunder, each party hereto still desires to execute this Agreement, acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his and her respective right to have the Court of Common Pleas of Cumberland County, or any other court of competent jurisdiction, make any detennination or order affecting the respective parties' rights to alimony, alimony oendente lite. equitable distribution of all marital property, counsel fees and costs of litigation, or any other right arising from the parties' marriage. 2 ":<'i!lJ\, ~ ^ -",.. 1--1 - ~-~ I ! , L.)O 40V1::j vunmngnam ana l..nernl 01 ~34:01 p_m_ 08-05-2005 8/27 2. DISCLOSURE OF ASSETS: Each of the parties hereto acknowledges that he or she is aware of his or her right to engage in discovery, including but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories, and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure and each of the parties specifically waives his or ller right to engage in any further discovery. Each of the parties further acknowledges that he or she is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the Courts of this Commonwealth or any other Court or competent jurisdiction. The respective parties do hereby warrant that there has been full and fair disclosure to the other of his or her income, assets and liabilities, and each party agrees that any right to further disclosure, valuation, enumeration or statement thereof in this Agreement is hereby specifically waives, and the parties do not wish to make or append hereto any further enumeration or statement. The parties hereby acknowledge and agree that, based upon the warrants of disclosure, the division of the marital assets as set forth in this Agreement is considered fair, reasonable and equitable, and is satisfactory to them. Each of the parties hereto further covenant and agree for himself and herself and his or her heirs, executors, administrators or assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators or assigns in any action of contention, direct or indirect, and allege therein that there was any duress, undue influence, or that there was a failure to have available full, proper and independent representation by legal counsel. 3 --.' 1- '"'" ,",""" _,~ ~ ~,' ~__ -1 ~ -,-^ ."'-'r ~"~ ,~., ~ , It L.oJV"OV:::O '" --.- VUIHlII1W1011l t1IIU \..o-nerm 01 :34:1 b p.m. 08-05-2005 9 f27 3. EOUITABLE DISTRIBUTION: (a) Real Property: The parties acknowledge that HUSBAND and WIFE are . the owners of a parcel of real property known and numbered as: (i) 4193 Nantucket Drive. Mechanicsburl!. Cumberland County. Pennsvlvania. The parties agree that HUSBAND transfers to WIFE all ofbis right, title and interest in the above referenced property and shall execute a Special Warranty deed in recordable fonn to extinguish all claims thereto. WIFE shall be solely responsible for all costs, expenses and liabilities associated with or attributable to her interest in the above described parcel of real estate, including but not limited to any mortgages, taxes, insurance premiums, utilities, maintenance and repairs. (b.) Furnishings and Personal Prooerty: As of the effective date of this Agreement, HUSBAND sets over, transfers and assigns to WIFE all of his right, title, claim and interest in and to all items of personality in WIFE'S possession. Effective as of the date oftbis Agreement, WIFE shall set over, transfer and assign to HUSBAND all of her right, title, claim and interest in all items of personality in HUSBAND'S possession. (c.) Motor Vehicles: (i.) WIFE shaH retain possession of and receive as her sole and separate property a 1998 Audi. 4 I ~I , ' ~=~.~" ~ <I' , " LVV -.UVV ,.,.~~ vu'''''''y"a," a"U ,-,"e,'" U I :.j4:Ll:) p.m. Utj-Ub-ZUUo 1UrV (ii) HUSBAND and WIFE agree to execute, acknowledge and deliver, within thirty (30) days of HUSBAND'S or WIFE'S request, any and all instruments or documents necessary to effectuate the transfer of the vehicles pursuant to the tenns of this subparagraph. (iii) The parties agree to indemnify and hold each other and their property harmless from any liability, cost OT expense, including attorney's fees, incurred in connection with the vehicle(s) awarded to them by the terms of this subparagraph. (d.) Pennsvlvania State Emplovees Retirement SYStem Defined Benefit Retirement Plan: The parties agree that HUSBAND shall be awarded one hundred percent (100%) of the marital portion of HUSBAND'S pension benefit nnder the Pennsylvania State Employees Retirement System Defined Benefit Retirement Plan. WIFE waives any interest she may have had in HUSBAND'S Pennsylvania State Employees Retirement Defined Benefit Pension Retirement Plan. WIFE shall execute any documents required by the Plan Administrator to effect a waiver tberein. (e) Pastuka Defined Benefit Pension Retirement Plan HUSBAND waives any interest he may have had in WIFE'S Pastuka Defmed Benefit Pension Retirement Plan. HUSBAND shall execute any documents required by the Plan Administrator to effect a waiver therein. 5 , 1'1' "" _...".1',.""""""",,!,,.~ ""n.~'"__, . ~ :-- ....u,"""\:I"a'" a"u ...."<::,," Ul :.54:.5{ p.m. 1J/j-1J~-LUU~ Cf) Miscellaneous Property: All property not specifically addressed herein shall be hereafter owned by the party to whom the property is titled; and if untitled, the party in possession. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from each to the other. (g) Prooerty to Wife: The parties agree that WIFE shall own, possess, and enjoy, free from any claim of HUSBAND, the property awarded to her by the terms of this Agreement. HUSBAND hereby quitclaims, assigns and conveys to WIFE all such property, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from HUSBAND to WIFE. (h) Prooertv to Husband: '-~ The parties agree that HUSBAND shall own, possess, and enjoy, free from any claim of WIFE, the property awarded to her by the terms of this Agreement. WIFE hereby quitclaims, assigns and conveys to HUSBAND all such property, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from WIFE to HUSBAND. 6 I': 11/'2.1 ~-~ --., P.< II f .!.jtl40Ubl \....-unnlOgham and C;herni 01 :34A8 p,m, 08.05.2005 12/27 (i) CaoitaI Gains Taxes WIFE shall be responsible for any Capital Gains Taxes that may result from the sale and/or transfer of the property known and numbered as 4193 Nantucket Drive, Mechanicsburg, Pennsylvania. G) Business Interest( s) HUSBAND's interest in the corporation and shares of the corporation known as Pro Deck Seal, Inc. shall belong solely to HUSBAND. 4. ALIMONY HUSBAND shall pay to WIFE the sum of $400.00 per month, as alimony, payable monthly on the 15th day of each successive month for a period of 12 months commencing August 15,2005 and tenninating on August 15, 2006, with the last payment being made on July 15,2006. During the same twelve (12) months which alimony is being paid, HUSBAND shall not pay any of WIFE's wrreimbursed medical expenses. The provisions of this Paragraph are non-modifiable and not subject to change due to a change in circustances with the following exceptions: WIFE'S or HUSBAND'S death, in that event, HUSBAND's duty to pay alimony shall tenninate as of the date of WIFE's death. The parties agree that the entire amount being paid to WIFE pursuant to this Paragraph is a separate maintenance periodic payment, included and intended to be included with the income of the WIFE within the meaning and intent of Section 71 of the United States Internal Revenue Code of 1954 and deductible from the HUSBAND's gross income pursuant to the provisions of Section 215 of the United States Internal Revenue Code of 1954. WIFE agrees that all said payments shall be included as income of the WIFE in her applicable tax returns and that 7 <'"-'""'I' ~ - 1 ,-~ 'I ' - ," - . -1-1 1" ~~ ( II L':'O 40U\;I <,~Il'll\l"~, ~ vunmngnam and Cnerni 0135,00 pm, 08.05.2005 she shall pay such taxes as may be required by reason of such inclusion. WIFE shall notify the Cumberland County Office of Domestic Relations and modify the current Order to direct that spousal support be terminated. 5. LIABILITIES (a) HUSBAND shall pay the following liability heretobefore incurred by, HUSBAND pursuant to the Bankruptcy Plan of Reorganization filed by HUSBAND docketed in the Bankruptcy Court for the Middle District of Pennsylvania at docket number 1-03-0B89. (b) HUSBAND shall be solely responsible for all debt he has incurred in his name alone, including, but not limited to, obligations to issuers of credit cards in his name, and HUSBAND further agrees that he will indelTll1ify and hold WIFE and her property harmless from any liability, cost or expense, including attorney's fees, associated with these obligations. Specifically, HUSBAND shall be responsible for the repayment of employee trust fund taxes owed to the United States of America. (c) WIFE agrees that she shall pay the mortgage debt owed to GMACMortgage Corporation; be solely responsible for all debt she has incurred in her name alone, including, but not limited to, obligations to issuers of credit cards in her name and WIFE further agrees that she will indemnify and hold HUSBAND and his property harmless from any liability, cost or expense, including attorney's fees, associated with these obligations. In relation to the B ,~- " I-I 'I' 13127 , ' .-,,"-_A~ f1 f :l3~ 4t!09 :-'~", Cunningham and Cherni 01 :35:12 p.m. 08-05-2005 mortgage debt owed to GMAC Mortgage Corporation, WIFE shall either pay the debt in full within six (6) months of the date of this Agreement or WIFE shall seek to refinance the mortgage debt every successive six (6) months and fmance the entire then existing balance of the mortgage debt owed to GMAC Mortgage Corporation. WIFE shall not obtain a second mortgage or any financing utilizing the real estate transferred to WIFE pursuant to Paragraph 3( a )(i) of this Agreement as collateral for any future loans or advances of money until the mortgage owed to GMAC Mortgage Corporation is satisfied in full. (d) Unless otherwise provided herein, each party hereby assumes the debts, encumbrances, taxes (past and future) and liens on all the property each will hold subsequent to the date of this Agreement, and each party agrees to indemnify and hold hannless the other party and his or her property from any claim or liability, cost or expense, including actual attorney's fees, that the other party will suffer or may be required to pay because of such debts, encumbrances or liens. (e) Liability Not Listed: Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than those described in this Agreement, on which the other party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and each party agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all such debts, obligations and liabilities. 9 .j' , I-I 14/27 ,~ I I' "-:00 <fOVt;'I """'I 'vunmngnam ana l..-nernr 01 :35:25 p,m, 08-05-2005 (f) Indemnification of Wife: If any claim, action or proceeding is hereafter initiated seeking to hold WIFE liable for the marital and business debts or obligations assumed by HUSBAND under this Agreement as a result of his default in the payment of the said marital or business debts, HUSBAND shall, at his sole expense, defend WIFE against any such claim, action or proceeding, whether or not well-founded, and indenmify her and her property against any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorney's fees incurred by WIFE in connection therewith. (g) Indemnification of Husband: If any claim, action or proceeding is hereafter initiated seeking to hold HUSBAND liable for the debts or obligations assumed by WIFE under this Agreement, WIFE shall, at her sole expense, defend HUSBAND against any such claim, action or proceeding, whether or not well-founded, and indemnify him and his property against any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorney's fees incurred by HUSBAND in connection therewith. (h) Warranty as to Future Obligations: HUSBAND and WIFE shall take all steps necessary to assure that no credit cards or similar accounts or obligations exist which provide for joint liability. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and 10 "-!'" ~ 1- '~ I ,r" 15/27 ~, , ~ lI>:',,"~ I II ~..Jo "tau:" ......uIllIlTlgm:lfTT ana ......nerm 01:35:36 p.m. 08-05-2005 the parties agree to cooperate in closing any and all accounts on which joint liability may be incurred. HUSBAND and WIFE each represents and warrants to the other that he or she will not at any time in the future incur or contract any debt, charge or liability for which the other, the other's legal representatives, property or estate may be responsible. Each party hereby agrees to indemnifY, save and hold the other and his or her property harmless from any liability, loss, cost or expense whatsoever, including attorney's fees, incurred in the event of breach hereof. 6. COUNSEL FEES: HUSBAND and WIFE shall each be solely responsible for their respective counsel fees, costs and expenses which each of the parties may incur in connection with the negotiation and execution of this Agreement and the dissolution of their marriage. 7. WAIVER OF BENEFICIARY DESIGNATIONS: Unless as otherwise specifically set forth in this Agreement, each party hereto specifically waives any and all beneficiary rights in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the tenns of this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, fmal paychecks or any other post-death distribution scheme, and each party expressly states that it is his and her intention to revoke by the terms of this Agreement any beneficiary designations naming the other which are in effect as of the date of execution of this Agreement. If and in the event the other party continues to be names as a beneficiary and no alternate beneficiary is 11 'o"""ll.. t 1- 16127 I'~~> , ~~".," "'~ '" L.JO <+OVtl 'vUllmngnam ano vnerm 01 :35:50 p,m. 08-05-2005 17/27 otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party. Notwithstanding the foregoing, however, in the event that either party hereto specifically designates the other party as a beneficiary of any asset after the date of execution of this Agreement, then this waiver provision shall not bar that party from qualifying as such beneficiary. 8. RELEASE OF CLAIMS: (a) HUSBAND and WIFE acknowledge and agree that the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to Section 3502 of the Divorce Code and HUSBAND and WIFE hereby waive any right to division of their property except as otherwise provided for in this Agreement. Furthermore, except as otherwise provided for in this Agreement, each of the parties hereby specifically waives, releases, renounces and forever abandons any claim, right, title or interest whatsoever he or she may have in or to property transferred to the other party pursuant to this Agreement or identified in this Agreement as belonging to the other party, and each party agrees never to assert any claim to said property or proceeds in the future. However, neither party is released or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. HUSBAND and WIFE shall hereafter own and enjoy independently of any claim or right of the other, acquired by him or her from the date of execution of this Agreement with full power in him or her to dispose of the same fully and effectively for all purpose. 12 -.~~ , ~- - II ~. I I I ~JO "I-OVtl 'uunmngnam ana \...-nerm 01,36,02 p,m, 08-05-2005 (b) Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either party may have or at any time hereafter has for past, present or future support or maintenance, alimony oendente lite. alimony, equitable distribution, counsel fees, costs, expenses and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980 its supplements and amendments, as well as any other law of any other jurisdiction, except and only except all rights and obligations arising under this Agreement or for the breach of any of its provisions. (c) Except as otherwise provided herein, each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, curtesy, widow's or widower's rights, family exemption or similar allowance, or under the intestate laws or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of 13 -I r 18127 ~ ~~ ~".....,,~ (1 ( ~.jb 4bUY r....unmngham and Cherni 01 :36:15 p.m. 08-05-2005 19127 the United States, or any other country. 9. APPROVAL OF MARITAL SETTLEMENT AGREEMENT BY THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA AS A CONDITION OF EFFICTIVENESS This Agreement is expressly condition upon the approval of the United States Bankruptcy Court for the Middle District of Pennsylvania as a condition subsequent to contract fonnation. In the event the Court fails to approve the provisions of this Agreement and fails to issue an Order transferring the real estate referred to in Paragraph 3(a)(i) of this Agreement free and clear of all liens and claims of creditors, then this Agreement shall be null and void as if it had not been entered into by the parties without prejudice to either of them. I o. PRESERVATION OF RECORDS: Each party will keep and preserve for a period of three (3) years from the date of divorce all [mancial records relating to the marital estate, and each party will allow the other party access to those records in the event of tax audit. II. MODIFICATION: No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 12. SEVERABILITY: If any provisions of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force effect without being impaired or invalidated in any way. 14 =~ II I ~ '"-I ~ " {l { L~{j 4tlU~ lvunmngham and Chem] 01 :36:27 p.m. 08-05-2005 13. BREACH: If either party hereto breaches any provision hereof, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her. The non-breaching party shall be entitled to recover from the breaching party all costs, expenses and legal fees actually incurred in the enforcement of the rights of the non-breaching party. 14. WAIVER OF BREACH: The waiver by one party of any breach of this Agreement by the other party will not be deemed a waiver of any other breach or any provision of this Agreement. 15. NOTICE: Any notice to be given under this Agreement by either party to the other shan be in writing and may be effective by registered or certified mail, return receipt requested. Notice to WIFE, will be sufficient if made or addressed to the following: Connie O'Donnell 4193 Nantucket Drive Mechanicsburg, P A 17052 and to HUSBAND, if made or addressed to the fonowing: Joseph O'Donnell 1402 Timber Chase Drive Mechanicshurg, P A 17055 Each party may change the address for notice to him or her by giving notice of that change in accordance with the provisions of this paragraph. 16. APPLICABLE LAW: 15 .,..~,~ ~, I , 11 20/27 .~- ~ III l:.:HJ41:mSl cunnlngnam and r.;nernl Ul::ib::il p.m. Utf-U:J~lUU:J L'l III All acts contemplated by this Agreement shall be construed and enforced under the laws of the Commonwealth of Pennsylvania in effect as of the date of execution of this Agreement. 17. AGREEMENT BINDING OR PARTIES AND HEms: This Agreement, except as otherwise expressly provided herein, shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties. 18. ENTIRE AGREEMENT: Each party acknowledges that he or she has carefully read this Agreement, including all other documents to which it refers; that he or she has had the opportunity to discuss its provisions with an attorney of his or her own choice, and has executed it voluntarily; and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover. This Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties. 19. PRIOR AGREE.MENTS: The parties specifically agree that this Agreement shall supersede and any and all prior agreements between the parties. 20. INCORPORATION OF DOCUMENTS: All documents and other instruments referred to in this Agreement are incorporated into this Agreement as completely as if they were copied verbatim in the body ofit. 2!. MUTUAL COOPERATION: Each party shall on demand execute and deliver to the other any deeds, bills of 16 , ,~ ~- , "~ .. II . ~ f !, /-00 "l-OU~ \...unmngnam ana \...nen11 01 :30:49 p.m. 08-01>-2001> sale, assignments, consents to change of beneficiaries of insurance policies or other benefits or assets, tax returns, and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on demand to comply with these provisions, that party shall pay to the other party all attorney's fees, costs, and other expenses actually incurred as a result of such failure. 22. DATE OF EXECUTION: The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they each have executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defmed as the date of execution by the party last executing this Agreement. 23. EFFECTIVE DATE: This Agreement is effective and binding upon both parties as of August 15,2005. 24. AGREEMENT NOT TO BE MERGED: The parties agree that this Agreement shall continue in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. Upon entry of the decree, the provisions of this Agreement may be incorporated by reference or in substance, but they shall not be deemed merged into such decree. The Agreement shall survive any such decree in divorce, shall be independent thereof, and the parties intend that all obligations contained in this Agreement shall retain their contractual nature in any enforcement proceedings, whether enforcement is sought in an action on the contract itself at law or in equity, or in any enforcement action filed to the divorce caption, including ~3105 of the Divorce Code. 17 O,\~~,_ II ~ I' 22/27 -, .~~ . > ~". ~"~, VU'''''''lJ''OI'' O"U v"t::"" Ul:Jf:UL p.m_ U~~U:J~:lUU:J '[.jIU ,. 25. EFFECT OF RECONCILIATION OR RECONCILIATION ATTEMPT: This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect a reconciliation, cohabit as husband and wife or attempt to effect a reconciliation. This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties in writing execute a statement declaring this Agreement or any term of this Agreement to be null and void. 26. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS This Agreement shall no be considered to bar the right of WIFE or HUSBAND to a divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party of any act on the part of the other party which has caused the disputes which or which has occurred prior to or which may occur subsequent to the date hereof. The HUSBAND and WIFE intend to secure a mutual consent, no- fault divorce pursuant to the provisions of Section 330 I (c) of the Pennsylvania Divorce Code of 1980 and each will execute all documents necessary to secure an Order of Divorce. 27. CONTRACT INTERPRETATION For purposes of contract interpretation and for the purpose of resolving any ambiguity herein, the parties agree that this Agreement was prepared jointly by their respective attorneys. 28. ENFORCEMENT It is expressly stipulated that if either party fails in the due performance of any of his or her material obligations under this Agreement, the other party shall have the right, at his or 18 ',.!li__,..n , , I': I ,~ 1- "="",,,,, 1 " t;.JU "'-UV:1 \_AJIlIHngnam ana vnerm 01:37:16 p.m. 08-05-2005 24127 ~, . I her election, to sue for damages for breach thereot: to sue for specific perfonnance, to rescind this Agreement, or to seek any other legal remedies as may be available, and the defaulting party shall reimburse the nondefaulting party for any legal fees and expenses for any services incurred in any action or proceeding to compel perfonnance hereunder. 29. HEADINGS NOT PART OF AGREEMENT: Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 30. COUNTERPARTS: This Agreement may be executed in counterparts, each of which will be an original and which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the dates of their acknowledgments. WITNESS: 19 \._~ Ii r'" ~- ~, "..,,=-- I II L-JO 9-0V1:1 :1 I , , \...-unmngnam ana t..nerm ('.g. 6:5 ~~17'-()S- " = 1-: 01:37:24 p.m, 08-05-2005 25127 L 0- /{kuJt CONNIE O'DONNELL OSEPH O'DONNELL 20 CERTIFICATE OF SERVICE I do hereby state that on the Way of April, 2006, I served a true and correct copy of the foregoing in the captioned matter, by placing the same in the United States mail, first-class, postage prepaid, in Harrisburg, Pennsylvania, addressed to: Samuel L. Andes, Esquire 525 North Twelfth Street Lemoyne, PA 17043 gela L. Hewitt Legal Secretary !',"' ,"' ",'C"" 1-'1_ I' " i!l<Ill~ - -,- , ~~ ~:: ~ ~" ,~~'~ ~,~-..,.]-1'jI >~~-~~ "-~. ""0""" ",-.-__ h~", ""_~'"_" ~l r-'=' o ~? c -'I" '",,-, "-, "" ~:g Q--, o ." ....., :r: f!1,JJ ~j~; -'1'1 -.- Coo; ,._);"','1 "' ~3 -< .):;>;. -~=1 :;::;->, N """-; '":'? r'J i"-..) !l~~_1l1)"!Ml';;'i:c"'f\:"WP~'~-A~_I\!!II"'!~Wll!;~~~i~'It:iW~'~_ Y"l ~! .. ...., " Jordan D. Cunningham, Esquire Pa. Supreme Court LD. 23144 Cunningham & Chemicoff, P.C. 2320 North 2"" Street P.O. Box 60457 Harrisburg, P A 17106-0457 Telephone: 717-238-6570 Facsimile: 717-238-4809 Attorneys for Plaintiff JOSEPH O'DONNELL, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vi. : NO. 01-161 CONNIE O'DONNELL, Defendant : CNIL ACTION -LAW : IN DNORCE 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 ~3301(c) or JJ01{d)(1) of the Divorce Code. (Strike out inapplicable section.) 2. Date and manner of service of the Complaint: June 21. 2001. as evidenced bv Defendant's counsel. Samuel L. Andes. Esquire. execution of Praecipe acknowledging acceptance of service of the Comolaint and Amended Comolaint on behalf of the Defendant. docketed Amil 7. 2006. . '''''- ','V,^"[ "-I'!' .-1 ~ , .. . 3. (Complete either Paragraph (a) or (b)). (a) Date of execution of the Affidavit of Consent required by ~3301(c) of the Divorce Code: by Plaintiff: March 27. 2006 Defendant: March 14.2006 (b) (I) Date of execution of the Affidavit required by ~3301(d) of the Divorce Code: N/A (2) Date of filing and service of the Plaintiffs Affidavit upon the respondent: N/ A 4. Related claims pending: N/A 5. (Complete either Paragraph (a) or (b)). (a) Date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, a copy of which is attached: N/A (b) Date Plaintiff's Waiver of Notice in ~3301(c) Divorce was filed with the Prothonotary: March 28. 2006 Date Defendant's Waiver of Notice in ~3301(c) Divorce was filed with the Prothonotary: March 28. 2006 Respectfully submitted, J.D. 23 44 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 Telephone: (717) 238-6570 Dated: AorillO. 2006 F:IHOMElAHEWITI\DOCS\O-P\ODONNEUlDNORCElPRAETRAN.WPD 2 ;; ""-,~ 1:-1 r ;. '" "-~""" -~q~, -~. "~, , ~,- ~~ ~ . (') "" => 0 c::: = Tl cr- "' """ '-1 F,~; -" :r:" (1"1- :::v , \1 fTl N ;!.:;9 c::.~ .::..:l-,- -- r\-r1 , ~ ( -':-. ~='"':() c- r:y QrT1 ~ 5"': ." N ::u '-, ", -< !lf1!ll!~~Ii!'l:'1~~;;;lI~O'"'''''''''';..~''~-4c''<"S;fflf.F",-,:r'''ii).;r.;i'''l1fCJ''li~'ilI''',,"li"J,1i~J~',"i"i~r.-,,~'Y,-,-li;l'(~""fli'~1iW"'IWiJl!'11~~~ ...,.,.;; JOSEPH P. O'DONNELL, Plaintiff VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. b 1- 1(,./ ~ /p.- Defendant CIVIL ACTION - FAMILY DIVISION - DIVORCE CONNIE EBBY, 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 for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Courthouse Square, Carlisle, PA. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Court Administrator, 4th Floor Cumberland County Courthouse Courthouse Square Carlisle, PA 17013-3387 (717) 240-6200 o;~_~ , ,~_~ I.: I I JOSEPH P. O'DONNELL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 01- /1,1 ~ I~ CONNIE EBBY, CIVIL ACTION - DIVORCE Defendant TO THE HONORABLE JUDGES OF SAID COURT: AND NOW, comes Plaintiff, Joseph P. O'Donnell, by his attorney, Scott Alan Bly, Esquire, and files this complaint in Divorce, and in support thereof avers the following: COUNT I SECTION 3301 (c) OF THE DIVORCE CODE 1. Plaintiff is Joseph P. O'Donnell, who currently resides at 1402 Timber Chase Drive, Mechanicsburg, Cumberland County, Pennsylvania and has resided there since on or about July 1, 2000. 2. Defendant is Connie Ebby, who currently resides at 4193 Nantucket Drive, Mechanicsburg, Cumberland County, Pennsylvania, since on or about June 1992. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on December, 19, 1993 at New Cumberland, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. - r: "T ~~~f-' 7. 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. 8. Plaintiff avers that neither Plaintiff nor Defendant is in the military service. 9. Plaintiff avers that there are no children of the parties under the age of 18. WHEREFORE, Plaintiff requests the court to enter a decree of divorce. COUNT II COMPLAINT UNDER SECTION 3301 (d) OF THE DIVORCE CODE (Alternative to Count I) 10. Plaintiff incorporates the allegations of every paragraph enumerated above of this Complaint as if said paragraphs were fully set forth here at length. WHEREFORE, Plaintiff requests the court to enter a decree of divorce. COUNT III EQUITABLE DISTRIBUTION 11. Plaintiff incorporates the allegations of every paragraph enumerated above of this Complaint as if said paragraphs were fully set forth here at length. WHEREFORE, Plaintiff requests the court to allocate equitable distribution between Plaintiff and Defendant. ""i",~___,_ _ _,. ~. , ., ~I~"" I . I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa C.S. 4904, relating to unsworn falsification to authorities. 1, Plaintiff Date: 1l1\.Q.1 Respectfully Submitted, "c~~;I!b Attorney for Plaintiff I.D. #71887 P.O. Box 341 Hershey, PA 17033 (717) 533-8315 , -~, ,~, ~~, ;,- . 1-' . . PROOF OF SERVICE The undersigned certifies that a copy of the foregoing instrument was served upon the attorneys of record of all parties to the above cause, or parties of record if not represented by attorneys, by mailing same to them at their respective addresses as disclosed by the pleadi~~s of record herein with postage fully prepaid thereon on the 1 day of ~A~~ , 2001. I declare that the statements above are true to the best of my knowledge, information and belief. Respectfully submitted, By: ~tf-lYux ~ Scott Alan Bl Attorney at Law P.O. Box 341 Hershey, PA 17033 (717) 533-8315 ~~" '"0'.' _. ,,' ,_. :~" ""'-" , I! I .... JOSEPH O'DONNELL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-161 CONNIE O'DONNELL, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE The undersigned does hereby verify that he served true and correct copy of the Counter-Affidavit Under ~3301(d) ofthe Divorce Code to the Defendant in the above captioned matter by place the aforesaid documents in the United States mail, first class, postage prepaid, in Harrisburg, PA addressed to Defendant's counsel addressed as follows: Samuel 1. Andes, Esquire 525 North Twelfth Street Lemoyne, P A 17043 Respectfully submitted" ~ C .rCHERNICOFF, P.c. .' ,', By: Jor . unnin P LD. No. 23144 2320 North Second Street Harrisburg, PA 17110 (717) 238-6570 Attorneys for Plaintiff Dated: March 1.3, 2005 F:\HOME\AHEWlTI\DOCSIO-PIODONNEUlDNORCElAFFSERVC.WPD/file no. 411004 ";-"""'~ ~',,'" ~ " 1< JORDAN D. CUNNJNGHAM ROBERT E. CHERNICOFF MARCW. WTIZlG BRUCEJ. WARSHAWSKY JOHNM. HYAMS KELLY M. KNIGHT CUNNINGHAM & CHERNICOFF, P.c. ATIORNEYS AT LAW P.O. BOX 60457 HARRISBURG, PENNSYLVANIA 17106-0457 HERSHEY TELEPHONE (717) 534-2833 IRS NO. 23-2274135 TELEPHONE (717) 238-6570 FAX (717) 238-4809 Street Add.....: 2320 N. 2nd Street Harrisburg, PA 17110 March 13, 2006 S3IDueIL.i\ndes,Esqurre 525 North Twelfth Street Lemoyne,PA 17043 ------. ~@fPJV Re: O'DonneD v. O'DolllneD (Divorce) Our File No. 411004 Dear Sam: Enclosed is a Counter-Affidavit under ~3301(d) of the Divorce Code. Please have your client sign and date this document as soon as possible. Once it is executed, please return the document to me for filing. If you have any questions, please do not hesitate to contact me. IDC/l1lh enclosure cc: Joseph O'Donnell F:\H0ME\AHEwrrnDOCSIO-FIODONNEU\LE1TERS\L031306A.WPD ,~ ~ L_, --< I-r -, "] "' _C'-, JOSEPH O'DONNELL, Plaintiff . . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-161 CIVIL ACTION - LAW IN DIVORCE v. CONNIE O'DONNELL, Defendant . . COUNTER-AFFIDAVIT UNDER fi3301(d) OF THE DIVORCE CODE 1. Check either (a) or (b): (a) I do not oppose the entry ofa divorce decree. (b) I oppose the entry of a divorce decree because (check (i), (ii), or both): (i) The parties to this action have not lived separate and apart for a period of at lest two years. (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): (a) I do not wish to make any claims for economic relief. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. Connie O'Donnell Dated: NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELmF, YOU SHOULD NOT FILE TInS COUNTER-AFFIDAVIT. F:\HOMl!lAHEwrmIlOCSIO-PIODONNElJ'l)IVORCJ!ICOUNAFFD.WPDlfiIc no. 411004 +!"7,1Wfl'f""-"""""'l..... .,-- ,~ . IT -p , , ,-~ ~ " CUNNINGHAM & CHERNlCOFF, P.c. ATTORNEYS AT LAW P.O. BOX 60457 HARRISBURG, PENNSYLVANIA 17106-0457 j',- (-- I, \, ~, j' ~ 3 \\ --\-- ,: SAMUEL L. ANDES, ESQUIRE 525 NORTH TWELFfH STREET LEMOYNE, P A 17043 1".111.,1111",,1.,1,,11,,1,1.1 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND PROVIDE FOR INSURANCE POSTM~~i~~NAT10NAl MAIL, DOES NOT Received From: ,< PS Form 3817, Msr. 1989 -""~b-.. 1f"P~"1 "r- ..."'- ~ ;r~ ~ f~ ~1 '" '" w o '" '0 ~ = c C) j.n '(N ~ "' CD J;! .!~---g ,,~, -" 1:';1,!>1 " CERTIFICATE OF SERVICE I do hereby state that on the a day of March, 2006, I served a true and correct copy of the foregoing in the captioned matter, by placing the same in the United States mail, first-class, postage prepaid, in Harrisburg, Pennsylvania, addressed to: Samuel 1. Andes, Esquire 525 North Twelfth Street Lemoyne, PA 17043 ~ Legal Secretary ~ ;_""'~:1l'~ I . ~ I ".H , -~- , , . , ,...~ . ,_. ~" - Ify~ -~~ .. n N> C """ 0 <:::> ~.,.^ 0-. -n ~ }f? :x: :i! :x:.. z?' ;:0 m::!J r- ei) 3> :88 ;.$ :::' CJ'1 ,,:;:c 96 e.c, -0 5'! :rj -"'0 :x: ~-' Sc: <;:> c5?;? 2: :;;t ::< :0 -.J -< ,..,.~~""!""" - -- , , <~W!W1il-"k'~.!~fiffiR~~~~~~.",!W",. .~___ ,"";.'1 I, JOSEPH O'DONNELL, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 01-161 CONNIE O'DONNELL, Defendant : CIVIL ACTION -LAW : IN DIVORCE NOTICE If you wish to deny any of the statements set forth in this affidavit, you must file a counter-affidavit within twenty days after this affidavit has been served on you or the statements will be admitted. AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on June 15.2000 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 94904 relating to unsworn falsification to authorities. Date: '3-10-0<0 ~~~~Z F:\HOME\AHEWI'(f\DOCS\Q..P\ODONNEI.J\DIVORCE\AFF3301 D. WPD '. \ CERTIFICATE OF SERVICE I do hereby state that on the J3.. day of March, 2006, I served a true and correct copy of the foregoing in the captioned matter, by placing the same in the United States mail, first-class, postage prepaid, in Harrisburg, Pennsylvania, addressed to: Samuel L. Andes, Esquire 525 North Twelfth Street Lemoyne, P A 17043 ~) a . ewitt Legal Secretary ------ ' '~, I ,~ !:I ~ [i " i-I I.; " II fi 'I I, II I! I't II II ;' I: , I:: " l I 1,1 II 'I " 'I I, " H ~ -: (:1 :-; I,:i '" ~_! ~l " <__ ,,___ .JIlL ,,~_ _~,_ , ( 0 r--:o ~ = C <=> $': er- -uo.:' ;:lI: ~..,.. mrn ".. r:nFn Z;:A:' :;;0 ZC -00 ~J" en :06 C<:: 0. ,<C' --..,..' -0 :c -ri )>,... ::J: 0'(5 zc' z 5>c' c;: om ~ N ~, -< N !~ji"~,~,!,,,,\'W.:~;!~!~~~~~'l$i!i~~~W~~~)~~~~~ Jordan D. Cunningham, Esquire Supreme Court J.D. 23144 Cunningham & Chernicoff, P.C. 2320 North 2nd Street P.O. Box 60457 Harrisburg, PA 17106-0457 Telephone: 717-238-6570 Facsimile: 717-238-4809 Attorneys for Plaintiff JOSEPH O'DONNELL, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 01-161 CONNIE O'DONNELL, Defendant : CNIL ACTION -LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under ~3301(c) of the Divorce Code was filed on February 2, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry ofa Final Decree of Divorce after service of Notice of Intention to Request Entry of the Decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. , J sepli O'Donnell Dated: o-a'l-6I-..(L ,,, -," rl - () ....., 0 = c: c::,) -n ::1:' c;~ ::.E: -l ~;~;~: -, ~t~;- ~ j~:O :;;0 ,- ~1 .i:- N :~~~~ 00 ':::::~O , ~~~ ',.~ -V ;2: , ....;;.. 5> l_ c: y.) -I 4"':::: ~ ----1 .,u -<, \.0 -< ,y. /01'e ## .~ ~- " ~- 'li!!I\P'~r~...,~ ~ iflJ~1fJ.~~~"" "":e,"':'-"'o*p,,'!"'""_:I~~:ynW,,~.!;~/;!>\~~~n.i,j"';lf;',,,",i"'~~'~i~~:!j[,,;;l)F1\lI'a-'_i%~! Jordan D. Cunningham, Esquire Supreme CourtLD. 23144 Cunningham & Chernicoff, P.C. 2320 North 2nd Street P.O. Box 60457 Harrisburg, PA 17106-0457 Telephone: 717-238-6570 Facsimile: 717-238-4809 Attorneys for Plaintiff JOSEPH O'DONNELL, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 01-161 CONNIE O'DONNELL, Defendant : CIVIL ACTION -LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 63301(c) OF THE DIVORCE CODE 1. I consent to the entry of a fmal decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is fmalized. 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 subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. Dated: 3-8'l-GLQ J seph O'Donnell "\' .''''''''"'f''''''''''''!1" 1 'I f:": -1J,{B ;,1 ::i' r:'O_" > --~~ ~ ,"",,",~"~,l1I'!i,~~.,....,~. _ll1~_,"_ "0;- <'.i .,-~-~p 0 r--.> 0 = ~- c=J 'T! '.-- C' ." -l -,'" ,-,'- ~~ C~ "T-n !': " :"':P mrd z:;} ;:;;0 \, --r; fl"; ~~, ~;:) (;; '>' Q:) <:.:' ('....j r:: , .,~~' .. ,,, " ."'...... --:;:;i ~2~l ";;> :;;:;::-, .... .....:1',. ~rn ~~, , ~~, ~.' .-'l ?Xi .-< \,0 -:.: ~OL ~~ ",,,,,m!""-'m;''''0'''1ri'!''''Wf1lil!''1j)\Ijt~rEWI\f@~~i~!!WRil~'!\lmFf'~IIJIll'I'',,,,,,,, ''''''''''~''-!,~-:1'''~ II vs. ) ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOSEPH P. O'DONNELL, Plain tiff CIVIL ACTION - LAW NO. 2001-161 CIVIL TERM CONNIE EBBY O'DONNELL, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 ( c) of theDivorce Code was filed on 2 February 2001 and served on the Defendant on 9 February 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of both the filing and service of the complaint. 3. I consent to the entry of a final decree in divorce after service of a Notice of Intention to Request Entry of the Decree. WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that Imay ~~se rig~ts co~c:rnin~ aliIn~ny '..divi~iofl_ ofproperty~,. lawyer's fees, or expenses if 1 do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. , $'/'1-00 Dated: '/I 1te.t CONNIE EBBY 0' {O~ ELL t, ',' '_,__, '.' -."' ,'" :>-""",:"J :t"< ";'c"~i, __ '-0 ,""-",,'1c_'.'-~-~'_~"1 , ~ ,~- I~ I' :: I I [I d :1 ~!I t "! I:t! ,!l l4 " r~ 1','1.',", ,)1 I'i',: I" i: ~ '1.,:,.,.,1 !i I" I':: ;' ::, II! !:,;_:j ,',,',J "'1 "'1 1-:;,," ~-~ -~~ ".' ~ :::6~ ,,-, ,.",...."~'",~ .,-, ...., , .<,~ - , "',M o ;~,'~; c~;~~.- :=;:,",:-' 5f~~, 2: "'"" -( ~ - \0 "" gg "" " :::J.~~ o -,., """" =r: /"11:::0 /,f ~ ~ ~"'. ~~ "'::J f'..) Co S' ~ H,r""'!,"-j!i!"'~;j!#*KI!ffi"""%~M',~,j${l"1f-llj",~J;F~fIll!!'Ylij''''i~ifm'1l':r;J!I\'ll~ifIi'~.~ ~ SAMUEL L. ANDES ATTORNEY .A:t' LAW 525 NORTH TWELFTH STREET Po Q. BOX 166 LEMOYNE,PENNSYLVANIA17043 TELEPHONE (717) 761-5361 17 November 2005 FAX (717) 761-1435 Mr. E. Robert Elicker, 11 Office of the Divorce Master 9 North Hanover Street Carlisle, Pa 17013 RE: Joseph P. O'Donnell vs. Connie Eby O'Donnell No. 01-161 Civil Term Dear Mr. Elicker: More than two years ago you were appointed Master in the above case. The case was delayed because Mr. O'Donnell changed attorneys and later filed bankruptcy. The parties recently reached an agreement and that agreement has now been cleared through the bankruptcy court. I write to request that you vacate your appointment so that the divorce can be concluded prior to the end of the year. I enclose a copy of the Property Settlement Agreement signed by the parties. Please let me know if you need anything else to vacate your appointment. Thank you for your cooperation. Sincerely, ~'-A.~ Samuel 1. Andes etA- amh / Enclosure cc: Ms. Connie Eby O'Donnell Jordan D. Cunningham, Esquire -~~ 0_ ,-- ,. 1- -"'- ,",..---,,-'. 1'- -, -,'-', 11 -:4'f;v- JOSEPH P. O'DONNELL : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW VB. NO.oI - 161 CIVIL 19 CONNIE EBY O'DONNELL : IN DIVORCE Defendant STATUS SHEET tr! DATE: . ACTIV!TIES:, ~ ~~ - ~~~D~ .,,#!- '-W /0::) ~ f/t(i)'~ O~ ~d~ ~ -. . L ... , . '-,.., -.', ,"',,':'; ,"~I'. ,,:,:i>,:-:,:,::.;,;;',;j, ";'(:',-:'.o',:"":,,:;,,,,;,;:;,;,:~;<<,"',':,'~'"';;;';- "'''1''' "" ",.' , , I 11:1 X' \ , JOSEPH P. O'DONNELL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW VS. NO.Ol - 161 CIVIL 19 CONNIE E: O'DONNELL f~ C>r0l1l tv It, t;iJ-~ Defendant IN DIVORCE STATUS SHEET Dh TE: hCTIVITIES: c; ( Lf (6 .:, ./11, I ~r.l1lb?- (fi 11.' 0 't ql ;Pyat 10 l)' }II Pift-. \J~ k ,() V\ tl', "'0 a .('1. ~~ . " 9"~,~(~f" .b'~ "IJb>- JJ.",,1~~''''7 ~'..<..A""'t..<.JU':, ,.~dtif- w... -1 ~ A2.AlG;:R,. (___,~ ~ 0 ~2tA ~ (J,."{.JC"-,, ()II..AA ,",.'~4ui:> j.. ,t..~ .."1.01(./",, L I.J k,., -< . .7l:..,", ~ r"~" '.-.:....~.fI"'~.~.' l~,cnc.M....,Ji1 j'vr'"{~ ~ ~~! PPJJD11M6lMi \ryw h 1(,...- ~'~.ft1A t\~ro '~iY~t',,,' ~~\~" ~A If'l~,bi. , ' ' G (ltt: ~;AS 'tM. f'l<t. ' f ; ,) d'("'" ~/1-~/Or-' - ~/l\)/U~ C-'""!I, <<''',_,_, '-1 "'J1"" " .1. . ' 'F'~ _..",..." " JOSEPH P. O'DONNELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01 - 161 CIVIL CONNIE E. O'DONNELL, a/k/a: CONNIE E. EBY, Defendant IN DIVORCE TO: Scott Alan Bly , Attorney for plaintiff Samuel L. Andes , Attorney for Defendant DATE: Thursday, October 17, 2002 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. < ",c", "_:' ^ ""'___'i_,~o_""_':'-,--F-'-'- ,-" . ~ , 1-' I " < (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. DATE COUNSEL FOR PLAINTIFF COUNSEL FOR DEFENDANT NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. I ~ ~- "-- _"'oo ,t" _"._ Y-' _", '" r 0 _ ~. 1" 'I I " I 717-761-1435 SAM ANDES 447 P01/01 AUG 29 '03 10;27 SAMUEL L. ANDES ATTORNE.y AT LA.W DZ~ NQRTH TWBUTH STRBlCT P. O. JJox 168 LEMOYNJ::, PENNSYLVANIA 11043 TJ!:UI"HONIS (7J") t6HI.aGI 29 August 2003 ..~ 'TIT) 7(11.143& E. Robert Elicker, " Office of the Divorce Master 9 North Hanover Street Carlisle, PA 17013 RE: Joseph P. O'Donnell V$. Connie E. O'DonnBII No. 01-161 Civil Term Dear Mr, Elicker: You have scheduled a heering for 4 September 2003 to take testimony on my client's claim of marital misconduct by the Plaintiff. Since that hearing was scheduled, Mr. O'Donnell has retained new counsel, Nathan Wolf, Esquire. and we are trying to resolve many of the issues in this case by compromise and agreement rather than litigation. I write to request that the hearing you have scheduled for 4 September 2003 be canceled to give us more time to work these matters out. If you will Indulge all of us, we would like to hold a four-party settlement conference, in your office, on the morning of 4 September 2003, commencing lit 9:30 a.m, We hope, at that conference, to resolve many of the procedural problems in the case so that we can either negotiate a final settlement or be prepared to litigate the economic issues without further delay or distraction, If what we request is satisfactory, please have Tracy call Nathan's office and mine to confirm that it is satisfactory with you, We will then meet at your office at 9:30 a,m. that morning to try to work things out. Thank you for your attention to this matter. Sincerely, ~IR~ Samuel L. Andes ~ amh cc: Nathan C. Wolf, Esquire (via fax) Connie E. O'oonnell P.S. This is to confirm that you have advised me that the above change is satisfactory, Nathan and I and our clients will be at your office at 9:30 a.m, for our conference. Thank you for your assistance. "",.,.,-=,. -.' " t , 1 . HP LaserJ et 3330 HP LASERJET 3330 Aug-29-2003 I Fax Call Report Job Date Time 11: 16 172 8/29/2003 11:15:20 C'", " Type Identification Pages Duration Receive 717 761 1435 1 0:39 717-761-1435 5Ff1flNDES 447FElVEll AlJG29 'l!lJ 10:27 SA.MUEL L. ANDES A1TOlINI:'l'AT L"'" naNl>llTK....Itt:/OTn_T....lIlr ._0. IJOX 'u 1.1!I"OYNZ,PBlOt5YLVIoll"r.r,I~ T......"O~& (7"'.8.......' 29 Auguat 2003 -, f'''',,,,,,,,. E. Robl!lrtflicker, II Oftlcaot\heOivOIceMllster 9 North Hanoller Strllet Carlisle, PA 17013 AE: Joseph P. O'Donnt/J ilL ConnhI E. O'IJtJmwH No. 0'-761 Civil T6fnI DelrMr.Ellcker: You hive scheduled a hallrill9 for 4 Septembtlr 2003 to take testimony 011 mv client's claim of marital misconduct bV the Plaintiff. Since that Maring was schedultd, Mr. O'Donnell has retained new counsel, Nathan Wolf. Esquire, &nd we are trying to resolve many of the IIlSU8$ in this eas.e by CClmt)fomise 8I\d llg1"ee-manllatheJ than litigation. I write to request that the hearing YOU halle scheduled for.4 September 2003 be cancelad to gille us more time to work these matters oui.lf you will indulge all of us, we WOuldllke10holdafOur-partysetllemantconference,lnyouroffh:a,onlhemornlngof4 September 2003, commencing at 9:30 a.m, We hope, at that conference, to resollle many of the procedutill problel11s In the caae so that we can ellher negotia tll a flnel settJement or bapreparedloJltigatetheeconomiclssueswithoutlurtherdelayor distracTion, If what we request Is sati$faclOry, pleasa halle Tracy call N!lthen's office and mine to confirm that It is aatisfilctory with you. We will then meet at your office al 9:30 a.m. that mOlrling to Ify to work things oUl. Thank you lor your ettention ro this ma1tlr, ,mh Sincerely, ~ I? /J.Nll.v Saml,lel L. Andes oJ- cc; NathanC.Wolf,Esquire/llia1axl ConnieE. O'Donnell P.S. This is to confirm that you nalle ad'llud m'il that \he i!lbo\le change is utlsfactory. Nathan and land our clients wlJlblll at your oflice at 9:30 a.m. for our conflrenc:e, Thank you for yourslIsistanclI. [B@ i n V e n t Result OK . . v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 02 - 161 JOSEPH P. O'DONNELL CONNIE EBY O'DONNELL : NO. : IN DIVORCE ''''~FrRIJIJ.LE'.Q;z,[j;J;;i1!t~1';~Ji;!", ORDER AND NOTICE SET'TIN'Gl1I<:ARING TO: Joseph P. O'Donnell Scott Alan Bly , Plaintiff , Counsel for Plaintiff Connie Eby O'Donnell Samuel L. Andes , Defendant , Counsel for Defendant '.'!i!i;;,;,'fA""" You are directed to appear for a hearing to take testimony on the outstanding issues in the above captioned divorce proceedings at the Office ofthe Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 4th day of S t b 2003 9:00 ep em er at a.m., at which place and time you will be given the opportunity to present witnesses and exhibits in support of your case. (. . George E. Hoffer, President Judge Date ofOrder,aud Notice: 7/21/03 By: Divorce Master 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 ESTIMONY WILL BE LIMITED TO THE FACTOR OF MARITAL MISCONDUCT AS HAT FACTOR MAY AFFECT WIFE'S ALMONY CLAIM. - " JOSEPH P. O'DONNELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Vs. NO. 01 - 161 CIVIL CONNIE EBY O'DONNELL, Defendant IN DIVORCE RE: Pre-Hearing Conference Memorandum DATE: Monday, June 30, 2003 Present for the Plaintiff, Joseph P. O'Donnell, is attorney Scott Alan Bly, and present for the Defendant, Connie Eby O'Donnell, is attorney Samuel L. Andes. The parties were married on December 19, 1993, and separated July 1, 2000. Both parties have two children to prior marriages; husband pays support for his children and wife's children are emancipated. Husband filed a complaint on January 9, 2001, raising grounds for divorce of irretrievable breakdown of the marriage and the economic claim of equitable distribution. An amended complaint was filed on February 2, 2001, adding a count for divorce of indignities. The parties have been separated in excess of two years so if the parties do not sign mutual affidavits and waivers, Mr. Andes can file an affidavit under Section 3301(d) of the Domestic Relations Code. On June 27, 2001, wife filed a petition for alimony, alimony pendente lite, and counsel fees and costs. Husband is 48 years of age and resides at 1402 Timber Chase Drive, Mechanicsburg, Pennsylvania. Mr. Andes has suggested that perhaps that is the address of husband's business partner in the business known as Pro Deck Sealing, Inc. Husband has an Associates degree and is currently employed with the Pennsylvania Department of Transportation as a pilot. He has filed an income and expense statement in 2001; husband is directed to file a current income statement. By agreement, husband is paying wife $400.00 per month as alimony pendente lite. This sum of money apparently was agreed upon considering that wife needed some assistance with making the mortgage payment of the marital home. Husband has not raised any health issues. Wife is 51 years of age and resides at 4193 Nantucket Drive, Mechanicsburg, Pennsylvania. This was a residence which she owned prior to the marriage. The real -1 .,. "'-"" , ~-~ ~ ,-- , :1 't'& . estate was placed in joint names after the marriage and was refinanced. Currently there is a mortgage in favor of GMAC in the approximate amount of $120,000.00. We need to get a recent payoff for that mortgage but also have to consider the value of the property that wife contributed to the marriage as a factor in equitable distribution since the property was in her name prior to the marriage. Wife works as a dental hygienist and has a Bachelor's degree. Her income, according to the statement attached to Mr. Andes' pretrial, is around $2,300.00 net per month. She has not raised any health issues. Husband is a shareholder in Pro Deck Sealing, Inc. and Mr. Andes has been unable to confirm whether or not the company has any assets of value and whether or not husband is earning any income from this venture. Mr. Andes will address as part of his statement on the record what he needs to have Mr. O'Donnell provide in order to complete discovery. The parties own vehicles and each party has pension interests, husband with the Commonwealth of Pennsylvania and wife with Baird/Northwestern Mutual. Counsel also need to address how they intend to deal with values relating to household tangible personal property. We have been advised today that husband has filed a bankruptcy proceeding through attorney Patrick O'Connor and he has listed wife as a creditor. This listing comes about as a result of monies which husband retained from insurance payments which were made on account of wife's medical costs which were to be reimbursed to wife. Husband apparently retained the money and has now listed wife as a creditor to discharge her claim. Mr. Andes is going to relate what he intends to do with respect to the bankruptcy proceedings and particularly to determine whether or not there is an automatic stay on these proceedings currently pending and whether or not we need to have an order from the bankruptcy court lifting the stay to allow the divorce case to proceed. In the meantime Mr. Andes has advised the Master that there will be testimony on marital misconduct. Until the Master is presented with an order showing that the divorce proceedings are stayed (or until Mr. Andes determines that we need an order lifting the stay), the Master is going to schedule a hearing for the purpose of taking testimony on the factor of marital misconduct as that factor may affect wife's alimony claim. Also, after discussion with attorney Bly, he : '--'~'l!r r' ",. .,<-,-"' , 1-" ".- "I -_. - ./ has indicated that because of the current status of the nonpayment of his fees, because he is potentially a creditor who may be discharged in Mr. O'Donnell's bankruptcy proceedings, he may determine that it is in his best interest to ask the Court for permission to withdraw from the case since the prospects of him getting payment for his fees may be transitory. I am going to ask both counsel if they wish to make statements on the record with respect to what needs to be done to move this case forward. Mr. O'Donnell essentially has got to comply with certain discovery requests that Mr. Andes has made and Mr. Bly is in the position at this point of trying to determine whether or not he can honor the requirements that Mr. Andes has imposed in order to complete discovery. Obviously if Mr. Bly withdraws from the case, Mr. O'Donnell is then left as a pro se party and will be subject to whatever would be imposed by the Court for his failure to comply with the requirements of discovery as imposed by this directive and also by any order which Judge Oler may enter in these proceedings relating to a petition filed by Mr. Andes for the Plaintiff to answer interrogatories and produce documents. Mr. Andes, would you like to go on the record first in order to relate matters which you think are relevant to proceeding. MR. ANDES: Yes, if I may. First of all with regard to bankruptcy, Mr. O'Donnell filed for protection under Chapter 13 of the bankruptcy act, as I understand, in April and the proof of claim that my client is intending to submit is due by the end of July. I am looking into, with frankly the suggestion and the guidance of the Master, what we may have to do beyond that to preserve my client's claims and rights. She has claims arising out of the marriage which I do not believe will be discharged by bankruptcy but we will look into that into the extent as necessary to file an adversarial action. In the meantime, we have several outstanding H' , "' ;_ , .." - t I ~ , I discovery requests; some of them dating back to May of 2001 and more recently February of 2003 and I have filed a petition to compel. It was assigned to Judge Oler. He issued a rule to show cause and the answer to that rule was due today. Mr. B1y has advised me that he will be meeting with Mr. O'Donnell tomorrow and I assume that he will either file a response to the rule or make Mr. O'Donnell aware of his obligation to do that and that his time ,for doing so is already expired. Without that discovery, I am not able to prepare very adequately for some of the issues at the hearing and we are going to have to have some of that information prior to the hearing or we are going to have to have the Court impose sanctions to prevent Mr. O'Donnell from disputing information that my client may produce. Finally on the subject of marital misconduct, our contention is that Mr. O'Donnell was romantically and sexually involved with another person prior to the parties' separation. We believe that that person was a woman named Nichole Peterson who is involved in this Pro Deck Sealing, Inc., with Mr. O'Donnell but what we want him to do is acknowledge that he was romantically and sexually involved or one of the two, with another person prior to their separation. And if he will, we are satisfied with that, if not, we will have to produce evidence of that at the hearing. THE MASTER: You had mentioned in our -"'"' , <-, "~? ~- ?~ 1'-- "1 , ~ . ",. [,"=~- ."-, - ~ ~ -, . . ~- prerecord discussion about the possibility of having the deposition taken of Mr. O'Donnell, do you want to comment on that? MR. ANDES: Well, assuming that the bankruptcy does not prohibit that by staying these proceedings, and after the discovery proceedings before Judge Oler, so I know what documents I am going to have, I would like to take his deposition because I think that may be the only way I can ferret out some of this information without waiting interminably. I would like to do that prior to the time the hearing is scheduled. I will have to check with my client -- honestly, if these proceedings are stayed by the bankruptcy, my client is going to have to determine if she wants to pay the fees and the costs incurred to go into the bankruptcy proceeding and get that stay lifted because sooner or later it will automatically be lifted either by the dismissal of the bankruptcy, if Mr. O'Donnell shows the diligence in that action that he has in this action, or by the adoption of a plan. THE MASTER: Mr. Bly, would you like to make any comments on the record? MR. BLY: The only comment that I want to make is that I have made Mr. O'Donnell aware of the interrogatories, production of documents and tried to have contact with him. He has been out of town with his employment for the course of two << " , ~- 1-' .........1 . . weeks, which is why we are meeting tomorrow because this will be the first day that he will be back in town since I have received the Court's request for production of documents and interrogatories. THE MASTER: Mr. O'Donnell is directed to advise Mr. Andes through counselor directly, if he is not represented by counsel, by Monday, July 21, as to whether or not he will acknowledge the facts relating to the allegation of marital misconduct as stated in this memorandum. If he will not acknowledge the allegation of the extra-marital relationship, then we going to proceed with a hearing which will be scheduled for Thursday, August 7, 2003 at 9:00 a.m. Notices will be sent to counsel and the parties. Further, Mr. Andes has indicated that he intends to subpoena Nichole Peterson to present testimony at that hearing in the event that an acknowledgement of the relationship has not been previously made and stipulated to for the record. cc: Scot Alan Bly Attorney for Plaintiff Samuel L. Andes Attorney for Defendant ! " . ~ . -I ~ , OFFICE OF DIVORCE MASTER CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 North Hanover Street Carlisle, PA 17013 (717) 240-6535 E. Robert Elicker, II Divorce Master Traci Jo Colyer Office Manager/Reporter West Shore 697-0371 Ex\, 6535 December 6, 2002 Scott Alan Bly, Esquire P.O. Box 341 Hershey, PA 17033 Samuel L. Andes, Esquire 525 North Twelfth Street P.O. Box 168 Lemoyne, PA 17043 RE: Joseph P. O'Donnell vs. Connie E. O'Donnell ajkja Connie E. Eby No. 01 - 161 Civil In Divorce Dear Mr. Bly and Mr. Andes: ;\ Mr. Bly certified that discovery was complete on October 30, 2002; Mr. Andes has not certified the status of discovery. However, in view of the amount of time that has passed since the certification documents were sent by our office, I am going to proceed on the basis that there are no outstanding discovery issues and that we can move this case forward. iii ~} :! ;1 < A divorce complaint was filed on January 9,2001, raising grounds for divorce of irretrievable breakdown of the marriage. A count was raised also for the economic claim of equitable distribution. An amended complaint was filed on February 2,2001, raising additional grounds for divorce of indignities. :1: " '," 1", I: Defendant filed a claim by petition for equitable distribution, alimony, alimony pendente lite, and counsel fees and costs on June 27, 2001. I am going to proceed on the basis that there is no issue with respect to grounds for divorce and that the parties will sign and file affidavits of consent or have been separated for a period in excess of two '""'- "~, , '.,"'=. -~ :~.,~" "', ~, 1", '''' ~. ",' "..-i !-'."~~' ~I"~"~' "~,I"- c.' ',1 , , " of, ," . , ", '-<.' -'~ , --> . Mr. Bly and Mr. Andes, Attorneys at Law 6 December 2002 Page 2 years. If that is not correct, please advise and I will schedule a hearing on the alternative grounds of indignities. In accordance with P.R.C.P. 1920.33(b) I am directing each counsel to file a pretrial statement on or before Friday, December 27,2002. Upon receipt of the pretrial statements, I will immediately schedule a pre-hearing conference with counsel to discuss the issues and, if necessary, schedule a hearing. Very truly yours, E. Robert Elicker, II Divorce Master NOTE: Sanctions for failure to file the pretrial statements are set forth in subdivision (c) and (d) of Rule 1920.33. THE ORIGINAL PRETRIAL STATEMENT SHOULD BE FILED IN THE MASTER'S OFFICE AND A COPY SENT DIRECTLY TO OPPOSING COUNSEL. FAILURE TO FILE PRETRIAL STATEMENTS AS DIRECTED BY THE MASTER MAY RESULT IN THE MASTER'S APPOINTMENT BEING VACATED. " 0-:',:-..' ' .' ~~" -' ,~-, 1 )'- I' 'I v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION - LAW 02 - 161 : NO. JOSEPH P. O'DONNELL CONNIE EBY O'DONNELL : IN DIVORCE ORDER AND NOTICE SETTING HEARING TO: Joseph P. O'Donnell Scott Alan Bly , Plaintiff , Counsel for Plaintiff Connie Eby O'Donnell Samuel L. Andes , Defendant , Counsel for Defendant * You are directed to appear for a hearing to take testimony on the outstanding issues in the above captioned divorce proceedings at the Office of the Divorce Master, 9 7th North Hanover Street, Carlisle, Pennsylvania, on the day of August 2003 9:00 at a.m., at which place and time you will be given the opportunity to present witnesses and exhibits in support of your case. . George E. Hoffer, President Judge Dat~ of Ord9itw8 NotIce: By: Divorce Master IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE, CARLISLE, PA 17013 TELEPHONE (717) 249-3166 * TESTIMONY WILL BE LIMITED TO THE FACTOR OF MARITAL MISCONDUCT AS THAT F ACTOR MAY AFFECT WIFE'S ALMONY CLAIM. ,~ r ,... , "',~ '-, --~ ',~'~' L. '. I.'!", F' :.',"1,;',"'" I '-.1 ';"\ r_ ." .r,,' , ~''': SAMUEL L. ANDES ATTORNEY AT LAW 525 NORTH TWELFTH STREET P. O. BOX 168 LEMOYNE, PENNSYLVANIA 17043 TELEPHONE (717) 761-5361 11 July 2003 FAX (717) 761-1435 E. Robert Elicker, II Office of the Divorce Master 9 North Hanover Street Carlisle, PA 17013 RE: Joseph P. O'Donnell vs. Connie E. O'Donnell No. 02-161 Civil Term Dear Mr. Elicker: You recently issued an order scheduling a hearing in the above case for 7 August 2003. Unfortunately, I have a conflict at that time and must request that your hearing be postponed. I sit on a committee of the Pennsylvania Disciplinary Board and we are scheduled to conduct a hearing that day. The hearing has been scheduled for several months and, under the Rules of the Disciplinary Board, those hearings take precedence over all other court matters. I apologize for the inconvenience and request that you reschedule the hearing for a later date. Sincerely, a~ S . Andes amh cc: Scott Alan Sly, Esquire Connie E. O'Donnell ii, '.- ~ r ' .~-, ,,~.,--. -'. '. I 1'- :1" '", .", ~. SAMUEL L. ANDES ATTORNEY AT LAW 525 NORTH TWELFTH STREET P. O. BOX 168 LEMOYNE, PENNSYLVANIA 17043 TELEPHONE (717) 761-5361 1 2 February 2003 FAX (717) 761-1433 E. Robert Elicker, II Office of the Divorce Master 9 North Hanover Street Carlisle, PA 17013 RE: Joseph P. O'Donnell vs. Connie E. O'Donnell No. 01-161 Civil Term Dear Mr. Elicker: Enclosed is the Defendant's Pre-Trial Statement in the above matter. The discovery in this matter is far from complete. I need a good bit of information about assets controlled by Mr. O'Donnell, including his SERS pension benefits and the benefits he may have earned with another former employer. I have not yet received a copy of the Pre-Trial Statement filed by the Plaintiff and it is possible that, when I get that, I will have the information I need. If not, I will file some formal discovery request to get the information necessary to prepare this case for a proper hearing before you. I expect the discovery issues may be resolved informally with your guidance at the pre-hearing conference. If not, the court will have to order what discovery is required. Either way, I do not think we need to postpone the pre-trial conference pending the discovery. Accordingly, I request that you schedule a pre-trial conference at your convenience while counsel tries to work out the discovery matters themselves. Sincerely, ~ Samuel L. Andes amh / Enclosure cc: Scott Alan Bly, Esquire Connie E. O'Donnell ""'1 ] . '" ~,--,,,, ~,L, ". -, , .'1" --I '-'" , ;-'1 ., SAMUEL L. ANDES ATTORNEY AT LAW 525 NORTH TWELFTH STREET P. O. BOX 168 LEMOYNE,PENNSYLVANIA 17043 TE1.EPHONE (717) 761-5361 13 December 2002 FAX (717) 761-1435 E. Robert Elicker, II Office of the Divorce Master 9 North Hanover Street Carlisle, PA 17013 RE: Joseph P. O'Donnell VS. Connie E. O'Donnell No. 01.161 Civil Term Dear Mr. Elicker: You have directed the parties to file pre-trial statements on or before Friday, 27 December 2002. Unfortunately, because of some prior commitments on my calendar, I will not be able to meet that deadline. I write to request that you give me an additional three weeks to file a pre-trial statement in this matter. Sincerely, ~es amh cc: Scott Alan Sly, Esquire [< "'1 _c<,_ "',~~' '" - ^' -- .c", ,. _ I" ," " , "1"",-' ^ -I "1 ' SAMUEL L. ANDES ATTORNEY AT LAW 525 NORTH TWELFTH STREET P. O. BOX 168 LEMQYNE,PENNSYLVANIA 17043 TELEPHONE (717) 761.5361 29 August 2003 FAX (717) 761-1435 E. Robert Elicker, II Office of the Divorce Master 9 North Hanover Street Carlisle, PA 17013 RE: Joseph P. O'Donnell vs. Connie E. O'Donnell No. 07-161 Civil Term Dear Mr. Elicker: You have scheduled a hearing for 4 September 2003 to take testimony on my client's claim of marital misconduct by the Plaintiff. Since that hearing was scheduled, Mr. O'Donnell has retained new counsel, Nathan Wolf, Esquire, and we are trying to resolve many of the issues in this case by compromise and agreement rather than litigation. I write to request that the hearing you have scheduled for 4 September 2003 be canceled to give us more time to work these matters out. If you will indulge all of us, we would like to hold a four-party settlement conference, in your office, on the morning of 4 September 2003, commencing at 9:30 a.m. We hope, at that conference, to resolve many of the procedural problems in the case so that we can either negotiate a final settlement or be prepared to litigate the economic issues without further delay or distraction. If what we request is satisfactory, please have Tracy call Nathan's office and mine to confirm that it is satisfactory with you. We will then meet at your office at 9:30 a.m. that morning to try to work things out. Thank you for your attention to this matter. Sincerely, ~ ~ w'\f'luJ Samuel L. Andes oJ.... amh cc: Nathan C. Wolf, Esquire (via fax) Connie E. O'Donnell P.S. This is to confirm that you have advised me that the above change is satisfactory. Nathan and I and our clients will be at your office at 9:30 a.m. for our conference. Thank you for your assistance. :"C,.. I" I "'"" JOSEPH P. O'DONNELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 01 - 161 CIVIL CONNIE E. O'DONNELL, a/k/a,: CONNIE E. EBY, Defendant IN DIVORCE NOTICE OF PRE-HEARING CONFERENCE TO: Scott Alan Bly , Attorney for Plaintiff Samuel L. Andes , Attorney for Defendant A pre-hearing conference has been scheduled at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 30th day of June 2003, at 9:30 a.m., at which time we will review the pre-trial statements previously filed by counsel, define issues, identify witnesses, explore the possibility of settlement and, if necessary, schedule a hearing. Very truly yours, Date of Notice: 2/20/03 E. Robert Elicker, II Divorce Master "" " 0" _ Oq".- _ _ " . -.'~ , -l. r I?' '_,I " .,.~, " ,-~ .' . " JOSEPH P. O'DONNELL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 01-161 Civil Term Defendant CIVIL ACTION - FAMILY DIVISION - DIVORCE CONNIE EBBY, 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 for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Courthouse Square, Carlisle, PA. : ~ IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Court Administrator, 4th Floor Cumberland County Courthouse Courthouse Square Carlisle, PA 17013-3387 (717) 240-6200 , -'i, ~1~ _~, . _, r'[_,_" I'" ('- - ,"I ". .. JOSEPH P. O'DONNELL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 01-161 Civil Term CONNIE EBBY, CIVIL ACTION - DIVORCE Defendant AMENDED COMPLAINT IN DIVORCE TO THE HONORABLE JUDGES OF SAID COURT: AND NOW, comes Plaintiff, Joseph P. O'Donnell, by his attorney, Scott Alan Bly, Esquire, and files this amended complaint in Divorce, and in support thereof avers the following: COUNT I SECTION 3301(c) OF THE DIVORCE CODE 1. Plaintiff is Joseph P. O'Donnell, who currently resides at 1402 Timber Chase Drive, Mechanicsburg, Cumberland County, Pennsylvania and has resided there since on or about July 1, 2000. 2. Defendant is Connie Ebby, who currently resides at 4193 Nantucket Drive, Mechanicsburg, Cumberland County, Pennsylvania, since on or about June 1992. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on December 19, 1993 at New Cumberland, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. '-', 'I 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 8. Plaintiff avers that neither Plaintiff nor Defendant is in the military service. 9. Plaintiff avers that there are no children of the parties under the age of 18. WHEREFORE, Plaintiff requests the court to enter a decree of divorce. COUNT II COMPLAINT UNDER SECTION 3301(d) OF THE DIVORCE CODE (Alternative to Count I) 10. Plaintiff incorporates the allegations of every paragraph enumerated above of this Complaint as if said paragraphs were fully set forth here at length. WHEREFORE, Plaintiff requests the court to enter a decree of divorce. COUNT III SECTION 3301(a) OF THE DIVORCE CODE (Alternative to Counts I and II) 11. Plaintiff is Joseph P. O'Donnell and Defendant is Connie Ebby and neither party is a minor or incompetent. 12. Plaintiff currently resides at 1402 Timber Chase Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 13. Nantucket 17055 and Defendant is Connie Ebby, who currently resides at 4193 Drive, Mechanicsburg, Cumberland County, Pennsylvania has resided there since on or about June, 1992. 14. Plaintiff has been a bona fide resident in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 15. The Plaintiff and Defendant were married on December 19, 1993 at New Cumberland, Cumberland County, Pennsylvania. 16. This action is based on Fault Grounds 3301(a) (3) Cruel and barbarous treatment, in that such cruel and barbarous treatment has endangered the life or health of the injured and innocent spouse (Plaintiff) . 17. There have been no prior actions of divorce or for annulment between the parties. 18. 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. 19. Plaintiff avers that neither Plaintiff nor Defendant is in the military service. 20. Plaintiff avers that there are no children of the parties under the age of 18. WHEREFORE, Plaintiff requests the court to enter a decree of divorce. COUNT IV SECTION 3301(a) OF THE DIVORCE CODE (Alternative to Counts I, II, and III) 21. Plaintiff is Joseph P. O'Donnell and Defendant is Connie Ebby and neither party is a minor or incompetent. 22. Plaintiff currently resides at 1402 Timber Chase Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 23. Nantucket 17055 and Defendant is Connie Ebby, who currently resides at 4193 Drive, Mechanicsburg, Cumberland County, Pennsylvania has resided there since on or about June, 1992. 24. Plaintiff has been a bona fide resident in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 25. The Plaintiff and Defendant were married on December 19, 1993 at New Cumberland, Cumberland County, Pennsylvania. 26. This action is based on Fault Grounds 3301(a){6) :.-1ip", .1 'I - Indignities, in that there are such indignities to the innocent and injured spouse (Plaintiff) as to render Plaintiff's condition intolerable and life burdensome. 27. There have been no prior actions of divorce or for annulment between the parties. 28. 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. 29. Plaintiff avers that neither Plaintiff nor Defendant is in the military service. 30. Plaintiff avers that there are no children of the parties under the age of 18. WHEREFORE, Plaintiff requests the court to enter a decree of divorce. COUNT V EQUITABLE DISTRIBUTION 31. Plaintiff incorporates the allegations of every paragraph enumerated above of this Complaint as if said paragraphs were fully set forth here at length. WHEREFORE, Plaintiff requests the court to allocate equitable distribution between Plaintiff and Defendant. o , _ , ~' r,' '" r"~ "I c' ", I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa C.S. 4904, relating to unsworn falsification to authorities. seph P. O'Donn 1 , Plaintiff Date: 11~.( Respectfully Submitted, sco~t~~ll;J Attorney for Plaintiff I.D. #71887 P.O. Box 341 Hershey, PA 17033 (717) 533-8315 -""1"'r -, .'~ "' ~ c. PROOF OF SERVICE The undersigned certifies that a copy of the foregoing instrument was served upon the attorneys of record of all parties to the above cause, or parties of record if not represented by attorneys, by mailing same to them at their respective addresses as disclosed by the pleadi~~ of record ~rein with postage fully prepaid thereon on the \V' day of ~AtJt , 2001. I declare that the statements above are true to the best of my knowledge, information and belief. Respectfully submitted, By: ~~\}~ Scot Alan B y Attorney at Law P.O. Box 341 Hershey, PA 17033 (717) 533-8315 7'" . '. .' , JOSEPH P. O'DONNELL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLANl! COUNTY, PENNSYLVANIA VS. NO. 01-161 Civil Term CONNIE EBBY O'DONNELL, Defendant CIVIL ACTION - FAMILY DIVISION - DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Courthouse Square, Carlisle, PA. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Court Administrator, 4th Floor Cumberland County Courthouse Courthouse Square Carlisle, PA 17013-3387 (717) 240-6200 1..,,,,,",,, "'-"'" 1","-' . -I - , , JOSEPH P. O'DONNELL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 01-161 Civil Term CONNIE EBBY O'DONNELL, Defendant CIVIL ACTION - DIVORCE AMENDED COMPLAINT IN DIVORCE TO THE HONORABLE JUDGES OF SAID COURT: AND NOW, comes Plaintiff, Joseph P. O'Donnell, by his attorney, Scott Alan Bly, Esquire, and files this amended complaint in Divorce, and in support thereof avers the following: COUNT I SECTION 3301(c) OF THE DIVORCE CODE 1. Plaintiff is Joseph P. O'Donnell, who currently resides at 1402 Timber Chase Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050, and has resided there since on or about July 1, 2000. 2. resides County, Defendant is Connie Ebby O'Donnell, who currently at 4193 Nantucket Drive, Mechanicsburg, Cumberland Pennsylvania 17055, since on or about June 1992. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on December 19, 1993 at New Cumberland, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. !--? ~~, ~~, ., ~ I''T'' , , 6. The marriage is irretrievably broken., 7. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 8. Plaintiff avers that neither Plaintiff nor Defendant is in the military service. 9. Plaintiff avers that there are no children of the parties under the age of 18. WHEREFORE, Plaintiff requests the court to enter a decree of divorce. COUNT II COMPLAINT UNDER SECTION 3301(d) OF THE DIVORCE CODE (Alternative to Count I) 10. Plaintiff incorporates the allegations of every paragraph enumerated above of this Complaint as if said paragraphs were fully set forth here at length. WHEREFORE, Plaintiff requests the court to enter a decree of divorce. COUNT I II SECTION 3301 (a) OF THE DIVORCE CODE (Alternative to Counts I and II) 11. Plaintiff is Joseph P. O'Donnell and Defendant is Connie Ebby O'Donnell and neither party is a minor or incompetent. 12. Plaintiff currently resides at 1402 Timber Chase Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 13. Defendant is Connie Ebby O'Donnell, who currently resides at 4193 Nantucket Drive,Mechanicsburg, Cumberland County, Pennsylvania 17055 and has resided there since on or about June, 1992. 14. Plaintiff has been a bona fide resident in the ,--"",-"c' - ,." 1"- Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 15. The Plaintiff and Defendant were married on December 19, 1993 at New Cumberland, Cumberland County, Pennsylvania. 16. This action is based on Fault Grounds 3301 (a) (3) Cruel and barbarous treatment, in that such cruel and barbarous treatment has endangered the life or health of the injured and innocent spouse (Plaintiff) . 17. There have been no prior actions of divorce or for annulment between the parties. 18. 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. 19. Plaintiff avers that neither Plaintiff nor Defendant is in the military service. 20. Plaintiff avers that there are no children of the parties under the age of 18. WHEREFORE, Plaintiff requests the court to enter a decree of divorce. COUNT IV SECTION 3301 (a) OF THE DIVORCE CODE (Alternative to Counts I, II, and III) 21. Plaintiff is Joseph P. O'Donnell and Defendant is Connie Ebby O'Donnell and neither party is a minor or incompetent. 22. Plaintiff currently resides at 1402 Timber Chase Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 23. Defendant is Connie Ebby O'Donnell, who currently resides at 4193 Nantucket Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055 and has resided there since on or about June, 1992. 24. Plaintiff has been a bona fide resident in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. ,;'~~.fII[,! , ~, '1 . 0_ - 1"'7' 25. The Plaintiff and Defendant were married on December 19, 1993 at New Cumberland, Cumberland County, Pennsylvania. 26. This action is based on Fault Grounds 3301(a) (6) Indignities, in that there are such indignities to the innocent and injured spouse (Plaintiff) as to render Plaintiff's condition intoleroble and life burdensome. 27. There have been no prior actions of divorce or for annulment between the parties. 28. 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. 29. Plaintiff avers that neither Plaintiff nor Defendant is in the military service. 30. Plaintiff avers that there are no children of the parties under the age of 18. WHEREFORE, Plaintiff requests the court to enter a decree of divorce. COUNT V EQUITABLE DISTRIBUTION 31. Plaintiff incorporates the allegations of every paragraph enumerated above of this Complaint as if said paragraphs were fully set forth here at length. WHEREFORE, Plointiff requests the court to ollocate equitable distribution between Plaintiff and Defendant. <.,;!j , . ~ " '~n<" ., "'-" " 1-1'~ , . I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made sUbject to the penalties of 18 Pa C.S. 4904, relating to unsworn falsification to authorities. J seph P. O'Donn 1 , Plaintiff Date; II$( /DI I I Respectfully Submitted, ~h' ~ Sco Alan~y' Attorney for Plaintiff I.D. #71887 P.O. Box 341 Hershey, PA 17033 (717) 533-8315 ;:i, "1 '. ,- ," . I. ; . PROOF OF SERVICE The undersigned certifies that a copy of the foregoing instrument was served upon the attorneys of record of all parties to the above cause, or parties of record if not represented by attorneys, by mailing same to them at their respective addresses as disclosed by the pleadings of record herein with postage fully prepaid thereon on the ~no day of ___~~~ 2001. I declare that the statements above are true to the best of my knowledge, information and belief. Respectfully submitted, By: ~~ g~ Sco AHm'f B Attorney at Law P.O. Box 341 Hershey, PA 17033 (717) 533-8315 'fii", '1 1 ,^ r,j<,.."~' T , 'I ~-~ '! ... . , . . vs. ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOSEPH P. O'DONNELL, Plaintiff CIVIL ACTION - LAW CONNIE EBBY O'DONNELL, Defendant NO. 01-161 CIVIL TERM IN DIVORCE DEFENDANT'S PETITION FOR ECONOMIC RELIEF AND NOW comes the above-named Defendant, by her attorney, Samuel L. Andes, and makes the following Petition for Economic Relief: 1. The Petitioner herein is the Defendant. The Respondent is the Plaintiff. COUNT I - EQUITABLE DISTRIBUTION 2. During the course of the marriage, the parties have acquired numerous items of property, both real and personal, which are held in joint names and in the individual names of each of the parties hereto. WHEREFORE, Defendant prays this Honorable Court, after requiring full disclosure by the Plaintiff, to equitably divide the property, both real and personal, owned by the parties hereto as marital property. COUNT II - ALIMONY 3. Defendant lacks sufficient property to provide for her reasonable needs in accordance with the standard of living of the parties established during the marriage. 4. Defendant is unable to support herself in accordance with the standard of living of the parties established during the marriage through appropriate employment. 1 - '. ... , . 5. The Plaintiff is employed and enjoys a substantial income from which he is able to contribute to the support and maintenance of Defendant and to pay her alimony in accordance with the Divorce Code of Pennsylvania. WHEREFORE, Defendant prays this Honorable Court to enter an Order awarding Defendant from Plaintiff permanent alimony in such sums as are reasonable and adequate to support and maintain Defendant in the station of life to which she has become accustomed during the marriage. COUNT III - ALIMONY PENDENTE LITE 6. Defendant is without sufficient income to support and maintain herself during the pendency of this action. 7. Plaintiff enjoys a substantial income and is well able to contribute to the support and maintenance of Defendant during the course of this action. WHEREFORE, Defendant prays this Honorable Court to order Plaintiff to pay her reasonable alimony pendente lite during the pendency of this action. COUNT IV - COUNSEL FEES AND EXPENSES 8. Defendant is without sufficient funds to retain counsel to represent her in this matter. 9. Without competent counsel, Defendant cannot adequately prosecute her claims against Plaintiff and cannot adequately litigate her rights in this matter. 10. Plaintiff enjoys a substantial income and is well able to bear the expense of Defendant's attorney and the expenses of this litigation. 2 !1 WHEREFORE, Defendant prays this Honorable Court to order Plaintiff to pay the legal fees and expenses incurred by Defendant in the litigation of this action. \:) \\ n~ ~ Attorney for Defendant Supreme Court ID 17225 525 North 12th Street Lemoyne, PA 17043 I verify that the statements made in this Petition for Economic Relief are true and correct. I understand that any false statements in this Petition are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). DATE: \ 2-:J IAN t. 1..00\ tl~ 3 . JOSEPH P. O'DONNELL, Plaintifl7Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE CONNIE EBBY O'DONNELL, DefendantlPetitioner NO. 01-161 CIVlL TERM IN DIVORCE DR# 30,798 Pacses# 723103605 ORDER OF COURT AND NOW, thisJ" day of July, 2001, upon consideration.ofthe.attached.Petitioafor.Alimony"""., Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J. Shaddav on AUf!ust 13.1001 at 10:30 A.M. for a conference, at 13 N. Hanover St., Carlisle, P A 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.11@ (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, George E. Hoffer, President Judge Mail copies on 7-3-01 to: Petitioner < Respondent SronuelAndes,Esquire Scott Bly, Esquire fl. ,.;;JL Date of Order: July 3, 200 I YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013' (717) 249-3166 I , ! ~,,~ ,0' !I " vs. ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOSEPH P. O'DONNELL, Plaintiff CIVIL ACTION - LAW CONNIE EBBY O'DONNELL, Defendant NO. 01-161 CIVIL TERM IN DIVORCE MOTION FOR HEARING AND NOW comes the above-named Defendant, by her attorney, Samuel L. Andes, and moves the Court for a conference before the Domestic Relations Office and, if necessary, a hearing before the Court on her request for alimony pendente lite, as set out in her Petition for Economic Relief, a copy of which is attached hereto. ~~ Attorney for Plaintiff Supreme Court ID 17225 525 North 12th Street Lemoyne, PA 17043. (717) 761-5361 JOSEPH P. O'DONNELL, Plaintiff vs. ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CONNIE EBBY O'DONNELL, Defendant NO. 01-161 CIVIL TERM IN DIVORCE DEFENDANT'S PETITION FOR ECONOMIC RELIEF AND NOW comes the above.named Defendant, by her attorney, Samuel L. Andes, and makes the following Petition for Economic Relief: 1. The Petitioner herein is the Defendant. The Respondent is the Plaintiff. COUNT I - EQUITABLE DISTRIBUTION 2. During the course of the marriage, the parties have acquired numerous items of property, both real and personal, which are held in joint names and in the individual names of each of the parties hereto. WHEREFORE, Defendant prays this Honorable Court, after requiring full disclosure by the Plaintiff, to equitably divide the property, both real and personal, owned by the parties hereto as marital property. COUNT II - ALIMONY 3. Defendant lacks sufficient property to provide for her reasonable needs in accordance with the standard of living of the parties established during the marriage. 4. Defendant is unable to support herself in accordance with the standard of living of the parties established during the marriage through appropriate employment. 1 '--" ~, ~..,.,.~- I,. . ""r!ft~, Ii II Ii I 5. The Plaintiff is employed and enjoys a substantial income from which he is able to contribute to the support and maintenance of Defendant and to pay her alimony in accordance with the Divorce Code of Pennsylvania. WHEREFORE, Defendant prays this Honorable Court to enter an Order awarding Defendant from Plaintiff permanent alimony in such sums as are reasonable and adequate to support and maintain Defendant in the station of life to which she has become accustomed during the marriage. COUNT III - ALIMONY PENDENTE LITE 6. Defendant is without sufficient income to support and maintain herself during the pendency of this action. 7. Plaintiff enjoys a substantial income and is well able to contribute to the support and maintenance of Defendant during the course of this action. WHEREFORE, Defendant prays this Honorable Court to order Plaintiff to pay her reasonable alimony pendente lite during the pendency of this action. COUNT IV - COUNSEL FEES AND EXPENSES 8. Defendant is without sufficient funds to retain counsel to represent her in this matter. 9. Without competent counsel, Defendant cannot adequately prosecute her claims against Plaintiff and cannot adequately litigate her rights in this matter. 10. Plaintiff enjoys a substantial income and is well able to bear the expense of Defendant's attorney and the expenses of this litigation. 2 ,r<,'. " ,~ > , WHEREFORE, Defendant prays this Honorable Court to order Plaintiff to pay the legal fees and expenses incurred by Defendant in the litigation of this action. '='. u n~ ~ Attorney for Defendant Supreme Court ID 17225 525 North 12th Street Lemoyne, PA 17043 I verify that the statements made in this Petition for Economic Relief are true and correct. I understand that any false statements in this Petition are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). DATE: \ '2..:J \AN e" L.;oD\ ~ CONNIE EBBY O'DONNELL ocUu~~ 3 < '!""~~, '"~,"",~,,,,,-,,, ~ If , ~ <--~ '" , DR 30798 PACSES In 723103605 JOSEPH P. O'DONNELL, Plaintiff/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. DOMESTIC RELATIONS SECTION CIVIL ACTION - LAW CONNIE EBBY O'DONNELL, Defendant/Petitioner : NO. 01-161 CIVIL TERM ORDER OF COURT AND NOW, this 5th day of October, 2001, based upon the Court's determination that Petitioner's monthly net income/earning capacity is $N/A and Respondent's monthly net income/earning capacity is $N/ A, it is hereby Ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit, $400.00 per month payable monthly as follows; $400.00 per month for alimony pendente lite and $0.00 on arrears. First payment due on or before the lOth day of each month. Arrears set at $400.00 as of October 4,2001. The effective date of the order is October 1,2001. This order is based upon an agreement of the parties. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa.C.S.g 3703. Further, if the Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and its discretion make an appropriate Order, including, but not limited to, commitment of the Respondent to prison for a period not to exceed six months. Said money to be turned over by the PA SCDU to: Connie O'Donnell. 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: P A SCDU P.O. Box 69110 Harrisburg, PA 17106-9110 Payments must include the defendant's PACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. . "- -' "'~I ... Respondent to provide medical insurance coverage. 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 Mailed copies on 1040-01 to: < BY THE COURT, Petitioner Respondent Samuel Andes, Esquire Scott Bly, Esquire J. "1 ~ AGREEMENT THIS AGREEMENT is made this. Jz...Q'day of September 2001, between: JOSEPH P. O'DONNELL (hereinafter "Husband"); and r CONNIE E. O'DONNELL (hereinafter "Wife"). WHEREAS, the parties hereby agree that Husband shall pay to Wife, through the Domestic Relations Office of Cumberland County and pursuant to an attachment of his wages from the Commonwealth of Pennsylvania to be administered through that office, the sum of $400.00 per month, effective on the first day of OtrcJ($t.<. 2001. The parties agree that the said Domestic Relations Office shall enter such order pursuant to this agreement requiring those payments and further agree that such order shall remain in full force and effect until either of the parties requests that the order be modified or amended, or until the parties are divorced from the bonds of matrimony. In addition, Husband shall pay to Wife, through the Domestic Relations Otftce, the amount of $ -0 ,.... ~_ per month on any arrearages owed on the order after giving Husband credit in the amount of $400,00 for a payment he made directly to Wife in late August of 200 1. IN WITNESS WHEREOF the parties have set their hands and seals to this Agreement the day and year first above written. J seph . O'Donnell Wit~ ~'k~ g) ~Q1 Witnes ~rJ~~ Connie E. O'Donnell ""-=......--< , <~' ",,;,-,- > ",'. 1-- , ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT h:/ doc/-lIP/ (lrtJIL State Commonwealth of pennsylvania IJ4(!>[) /c;r3/t/jU:, cb' Co./City/Disl. of CUMBERLAND Date of Order/Notice 04/04/02 ~ 3079':;; Court/Case Number (See Addendum for case summary) o Original Order/Notice @ Amended Order/Notice o Terminate Order/Notice ) RE: 0' DONNELL, JOSEPH P. ) Employee/Obligor's Name (Last, First, MI) ) 484-58-2407 ) Employee/Obligor's Social Security Number ) 5697000033 } Employee/Obligor's Case Identifier ) (See Addendum for plaintiff names associated with cases on attachment) ) Custodial Parent's Name (Last, First, MI) ) Employer/withholder's Federal EIN Number COMMONWEAt.TH OF PA EmployerlWithholder's Name C/O PAYROLL OPERATIONS EmployerlWithholder's Address ATTACHMENTS RESEARCH UNIT PO BOX 8006 HARRISBURG PA 17105-8006 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 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. $ 400.00 per month in current support $ 200.00 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 $ 600.00 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: $ 138.46 per weekly pay period. $ 276.92 per biweekly pay period (every two weeks). $ 300.00 per semimonthly pay period (twice a month). $ 600.00 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/ obiigor's aggregate disposable weekly earnings. For the purpose of the iimitation on withholding, the following information is needed (See #9 on pg. 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PA YMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER 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: ~ ~ OMS No 0970-0154 . /) ration Date 12/31/00 IiL Date of Order: APR 4 2002 Service Type M oJ VO&c Form EN-028 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS D 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 piease contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3. * R~pOltil,g tile PaydatrdDate of'vY;t1.I,oldil,g. You IlIU5t lepolt the (Jaydateldate of nitl.l.oldil,g vvLGh sel,elil,g tL[ pay I f1ent. Tile pa,datt/d"l. 6f ..itl,l,aldil,g is II,. date a" ..I,;d, .,,,au,,t..as ..ill,l,tld flal,' th. ""pla,ee', ..age,. 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 ernployee'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: 2321722990 EMPLOYEE'S/OBLlGOR'S NAME: 0' DONNELL. JOSEPH P. EMPLOYEE'S CASE IDENTIFIER: 5697000033 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.' Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.c. ~1673 (b)l; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. 10. 'NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. Requesting Agency: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (7171 240-6248 or by Internet @ Page 2 of 2 Form EN-028 Worker ID $IATT Service Type M OMB No.: 0970-0154 Expiration Date: 12/31/00 ]? . \ ADDENDUM Summary of Cases on Attachment Defendant/Obligor: O'DONNELL, JOSEPH P. 723103605 -;3 o7QCj PACSES Case Number I to. Plaintiff Name PACSES Case Number Plaintiff Name CONNIE E. O'DONNELL Docket Attachment Amount 01::J:6l"CIVIL $ 600.00 Child(ren)'s Name(s): DOB you are required to enroil the child(ren) 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) in any health insurance coverage available employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB If you are required to enroll the child(ren) in any health insurance coverage available employee's/obligor's employment. Service Type M OMB No.: 0970-0154 Expiration Dale: 12/31/00 1:'::-"'''''1 -',., --1 - ," Attachment Amount $ 0.00 Child(ren)'s Name(s): Docket DOB If checked, you are required to enroll the child(ren) in any health insurance coverage available 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) in any health insurance coverage available employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB you are required to enroll the child(ren) in any health insurance coverage available employee's/obligor's employment. Addendum Form EN-028 Worker ID $IATT . ~ <" ~ " ,.~,MlIII'.""~,_~,~,,iIjiIjl~ "' ~ , ~""" Jf -. - . ~ '~'""'""....-",~ "" ,- ~" "r~''''''"'''. "'''''''''-'''''''''~~~'. " ,"" 'q~. # (') <::) -0 c r'V ? -,., "'TJtD :t>o :::::! [1l fT; -U Z.:J,"J ::0 hl~ z- enS:: '-rJ-!1'l r;: ,2: a ='.'JCJ '-'c ,~ -0 "::'':1 ) f~~} ::z ~~! I':'i' z - ;;;! --. -< Ul :IJ -< ""i~I!"l!:;,-';;""",,,,",:"',wrF'1"'!"'1",~}:"1R,,->,,~,,'!',;t!;!','i''9''-0!~ml~"r,~l'1!fi''''!Wl\'l~\1?!~"1\{:'~~'~!iI'",ffIH"~f'li'!W~~'1 "'~'>r""''''" .. In the Court of Common Pleas of CUMBERLANtl County, Pennsylvania DOMESTIC RELATIONS SECTION 13 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA. 17013 Phone: (717) 240-6225 Fax: (717) 240-6248 JULY 3, 2001 Plaintiff Name: CONNIE E. 0' DONNELL Defendant Name: JOSEPH P. 0' DONNELL Docket Number: 01-161 CIVIL PACSES Case Number: 7231036050071f Other State ID Number: 7 > 8 R, ~ 2"" V'> --t -oil} rT1 ~r cp [!"; ~"O i_','.',' 2,.'. ~-_..-) t . ,j tiS ~ ,.0 ~,::~? ~tj -;:} ';~~~ ~ c~:' :3:: '-:"2;-) . .... . THIS FORM MUST REFILLED OUT. :;;: i::' w csfn -.7 .. ~ (If you are self-employed or if you are salaried by a business of which you are owner in whole or p~, YO!Unust~ also fill out the Supplemental Income Statement which appears on page two of this income and expense statement. ) Please Dote: AU correspondence must include the PACSES Ca'ie Number. Income and Expense Statement INCOME STATEMENT OF ~~h.~ D I ~a"""~ 1\ ~ Section I: Income and Insurance INCOME: Employer Address Type of Work ., a Payroll No. 'In S'B'y Gross Pay per Pay Period $ ~ II . S\:) _ _ Itemized PayroIl Deductions: Federal WithhOlding $ '7..1 S'~ Social Security $"-" ~ Local Wage Tax $ 1lJ.11. State Income Tax $ S'<D ~ Retirement $W' Savine-s Bonds $ 0 Credit Union $ loo.a Life Insurance $ ( , Health Insurance $ 0 Other Deductions (specify) $ $ $ $ Net Pay per Pay Period $ ~ l/S' OTHER (Fill in Appropriate Column) INCOME WEEK MONTH YEAR Interest $ 0 $ C> . $ C) Dividends b 0 0 Pension 0 . t:l U Annuitv ( C 0 Social Security C :> () ( Rents r' <- Royalties r"l c:.. Expense Account ) f'"\ ( ...... Gifts l"\ ce C UnelDDlovment f') '" U Workmen's Compensation C C> 0 Other 0 ,~ Q) Other r-\ a u TOTAL $ ~ $ C) $ '0 TOTAL INCOME $ 0 0 ca Ownership * PROPERTY OWNED DESCRIPTION VALUE H W J Checking Accounts $ "I-. Savings Accounts Credit Union Stocks/Bonds Real Estate Other TOTAL $/ '-/0 ()d:j * H=Husband; W=Wife; J=Joint Service Type M Form IN-D08 Worker ID 21205 ," 'I ~ ~ , ,,! , , Income and Expense Statement PACSES Case Number 723103605 Coverage * INSURANCE COMPANY POLICY # H W C Hospital Blue Cross Other Medical Blue Shield Other Health! Accident See... ero!)ss ~S Disability Income Den"'!' Other * H~Husband; W=Wife; C~Child Section II: SUDDlemental Income Statement a. This form is to be tilled out by a person ~ (1) who operates a business or practices a protession, or o (2) who is a member of a partnership or joint venture, or D (3) who is a shareholder in and is salaried by a closed corporation or similar entity. b. Attach to this statement a copy of the fOllowing documents relating to the partnership. joint venture, business, profession, corporation or similar entity: (1) the most recent Federal Income Tax Return, and (2) the most recent Profit and Loss Statement Name nfhusiness: Pro+e'i. S 1'':) At:!. \ ~e..t..'t:. Address and telephone nomber: 4 C) C) 'L G:lr-11'sl~ (..J(k.. ;Y/-e..c..M..".-~, b~ A4 '70lrO Nature of business (check one) ( c. S<L\1""Q. Tv\<... I :# 278' \ 717"')32. S"OlZ d. D D D (3) protession E!3'" (4) closed corporation D (5) other Name of accountant, controller or other person in charge of tinancial records: ~hcw.... Elks (1) partnership (2) joint venture e. C. a'l' o ~ e... Afu~~~ ~e.c.ks f. Annual income from business: (1) How often is income received? IJA- (2) Gross income per pay period: rJA- (3) Net income per pay period: ,oft (4) Specified deductions, if any: tJ~ Page 2 of3 Form IN-OOS Worker ID 21205 Service Type M '-''''^''f''~'''''~'o ~""'~~..... ." rot Income and Expense Statement Section ill: Exnenses PACSES Case Number 723103605 Instructions: Only show extraordinary expen.'ies in this section unless you tilled out Section II on page two. The" categories in BOLD FONT are especially important for calcnJating child support. If you are requesting Spousal Support! APL or if you assert your case cannot be determined according to the guideline grids or formula, thi'i section must be fully completed. (Fill in Appropriate Column) EXPENSES WEEK MONTH YEAR Hol11e Mortgage/Rent $ $ 7" S $ "M~ip~lliIJ1~. _<-",c, ."c.","'._. .(.to. "",-, .,.", >,.,..<C Utilities Electric $ $ (,,<;"' $ Gas 0 Oil 0 Telephone I') Water "1.~ Sewer 33 Emfllovment Public Transport. $ $ () $ LUllCh 10. eo. Taxes Real estate $ $ 0 $ Personal Property 0 Insurance Homeowner's $ $ lInt:> $ Automohile 0 Life II~.I\;) Accident " He!lllh 1"1 Other n Autnmobile ~ Payments $ $ C) $ Fuel I,^ Repairs 0 Medical .Cl Dottor $ $.%11\ . $ Dentist -Q.O Ortllodontist 'A.N"\ . Hospital 1"1 Medicine :1.' ::;. ~~_ needs ~~ 0'5"1'0 (_es, braces, ortbOnedic devices I Total I WE, EK Expenses: $ EXPENSES (continued) (Fill in Appropriate Column) WEEK MONTH YEAR Education Private School $ Parochial School College Religious Personal Clothing $ Food BarberI H';'dresser Credit Payments Credit Card Charge Memberships Loans Credit Union $ $ 0 $ U o ~> . $ :"it) $ '75 2, ~<:I Ism' hl'Vl P:{.. ~ee.. A-tt-. () o $ () $ Miscellaneous Household Help $ $ 0 $ Child care 0 Papers/books 0 Mauazinp.s Entertainment IOU Pay TV '34 Vacation :lS" Gifts "2.F\ Legal fees 100 Chantable 2<"' Con',;h,,!;nn, Uther CbiId ICiOO"'" <"..nRri Alimony I '-I Of) ?" Pavments Other Ch;IA~(...s $ $/00 $ c..t.. ttul\ e.+ L ~- , "'t')i,,~ "'...'" ('31.{ 1"!J + 1 r,-{ $ MONTH $ L/f1q3 I verify that the statements made in this Income and Expense Statement are true and correct. I understand that false stateOlent'il herein are subject to the criminal penalties of 18 Pa. e.s. ~ 49~4. relating to unswom falsification to authorities. x- ,-'$ t. 0 f Date Service Type M "''''''''.'''l'''..qr , " I' YEAR Fonn IN-DOS Worker ID 21205 I' / .----t PEBTF Pennsylvania Employees Benefit Trust Fund COPAYIIEHT: GREATER OF $8.00 OR 15% UP TO 125.00 NATIONAL PRESCRIPTION ADMINISTRATORS SPC>lSOR. NPA GENERIC IlEIII8URSEMENT PLAN '-I 0013 ~'582407 01 O'DONNE J. .. .,,"""', ~..':: NAN "--- - - ..--"~-._---,-- ., PEBTl: BlueCross. BlueShield. JOSEPH P 0 DONNELL PREcarnAeAlKlII _.- QBD484 58 2407 Idl.r.... ~ . HumbIIr 9400000OO ....- 865 361 as ~ Be Plan PEtMSY1.VANIA EMPLOYEES BENEFIT TRUST RIND Gnlup- PAECERTlFlCA lION CUSTOMER SEIMCE 1..00....-3163 UNITED ....AY1ORAL HEALTH 1-100-,14-0105 PRECERTIFlCATICN 1~1OO.441-%338 PEBTF Pennsylvania Employees Benefit Trust Fund VISION IIIEHTlFlCATION CARD H..ht Soluli,,"~ Client ID Number: Amount Due: Date Due: Amount Debited: If you send an amount different from the Amount Due please indicate how you would like these funds disbursed on the reverse of this payment stub. 484582407 $1,497.00 8/1612001 . ' ,,\ I '/ ..,., ".' ~ , "l f " 111011111111 O'Donnell, Joseph 1402 Timber Chase Drive Mechanicsburg, PA 17050 Retum this portion with your payment. Make Cashie(s Check or Money Order payable to Profina Debt Solutions and mail to: 1",111",111""1,1,11,"1,,.11 Profina Debt Solutions PO Box 618247 Ortando, FL 32861-8247 1"II",I,II"lllllllllll"I,"I,I,IIlIIIllII,I"1 C Check box if your address has changed and complete reverse side To recejye Drooer credit. detach and return too cortion of statement to the above address onlv, ------------------------------------------ A great use for your tax refund check would be to use it towards paying down your debt. STATEMENT Statement Closing Date: 811/2001 Dale Activity Payments Received 7/2412001 Payment - Thank you Contribution: Payments to Creditors 7/27/2001 Pennsylvania Slate Credit Unio (541416) 712712001 CitibanklChoice (FL64) (401042) 7/2712001 Providian (414244) 712712001 Discover Card (401061) 7/2712001 Fleet Loans (Installment) (403815) 712712001 Pennsylvania Slate Credit Unio (541416) 7/2712001 First USA (401017) 712712001 Us Airways Federal Credit Unio (545372) 7/2712001 MBNA America Bank, NA (401025) 7/2712001 Us Airways Federal Credit Unio (545372) ACCOUNT ACTIVITY FOR PAST 30 DAYS Account Amount ($1,497.00) $35,00 484-58-2407L9 4128-0035-7982-0328 4428-<3709-8033-2734 6011-0022-7026-8808 75889694500001 484-58-2407L 1 . 5417.1267-9351-0156 4845-6240-7 5490-9925-7200-1836 4845-6240-7 $28.00 $96.00 $97.00 $124,00 $129.00 $135.00 $175.00 $186.00 $230.00 $262.00 Your next E-Pay payment will be made automatically on 8/16/2001 in the amount of $1,497.00 Client 10 Number: PIN: 484582407 828806 Payments made outside the E-pay system must be made by certified check. cashie(s check or money order. No business checks or third party checks are accepted. Profjna Debt Solutions also accepts Western Union Quick Collect. The Quick Collect Code is: Profina and the Slate is: FL '-rn;~ Is ell 6t O'-lr 6€.6+ S;"c:.~ ~ lJJ'e.r~ Mer('\~ (:te c'S;"sufl\-t~ ,+ ell , Inquirie$ Only: 1768 Park Center Drive, Suite 280 - Orlando, FL 32835 (888) 734-6229 - Fax {407} 291-4505 OM.' '~~ _ ',.=~ .!lij'~~'~.~",J '^'" ""''', "'~' ~~ ~-. 1ft - ~Iill . , (') C) (') C N " "?' {/) .-1 _::0.- -0 p"l ~., FE -n cp(f -U f= ",----..' i ;)~~~ Z S-~ (/) '..0 -<:.: C) ~~ -0 .- ,'~'~ ""tl -l:2 , , -, .~;''') (', ~ ::...,) IT! .J--'- ~~ --, en :.> ::( tv :;0 -< H..[...Jf%$','j,Hlf;W!'''dC"",'j!F''i,,",,,,,:,"''-il''~'''''''''jr!">,--_~,,,}f~~9!N,!N~,"'!I!~}1i";.j"jlf)~!~f'~!~~; JOSEPH P. O'DONNELL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 01-161 CIVIL TERM CONNIE E. O'DONNELL Defendant CIVIL ACTION - DIVORCE INVENTORY OF PLAINTIFF Plaintiff files the following amended inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. Plaintiff verifies that the statements made in this amended inventory are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904 relating to unsworn falsification to authorities. '{,.-" ."7 'C.":",,_ ~ ,\.. -- , 'I ,.' ''": . }J? , ," ,.., ' -- " ASSETS OF PARTIES Plaintiff marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. (x) 1. (x) 2. ( ) 3. ( ) 4. (x) 5. (x) 6. ( ) 7. ( ) 8. ( ) 9. ). 10. ) II. ) 12. ) 13. ( ) 14. (x) 15. 16. 17. 18. (x) 19. ( ) 20. ( ) 2I. ( ) 22. ( ) 23. (x) 24. (x) 25. . (x) 26. ,D rnW-ffi, ~", " --",' Real property Motor vehicles stocks, bonds, securities and options Certificates of deposit Checking accounts, cash Savings accounts, money market and savings certificates Contents of safe deposit boxes Trusts Life insurance policies (indicate face value, cas~ surrender value and current beneficiaries) Annuities Gifts Inheritances Patents, copyrights, inventions, royalties Personal property outside the home Business (list all owners, including percentage of ownership, and officer/director positions held by a party with company) Employment termination benefits-severance pay, worker's compensation claim/award Profit sharing plans Pension plans (indicate employee contribution and date plan vests) Retirement plans, Individual Retirement Accounts Disability payments Litigation claims (matured and unmatured) Military/V.A. benefits Education benefits Debts due, including loans, mortgages held Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute) Other -1'1' -'I 11 " MARITAL PROPERTY Plaintiff lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced: Item -Number Description Names of of Property All Owners 1. Primary Residence H & W 4193 Nantucket Drive Mechanicsburg, PA 17055 Appraisal Pending 2. 1995 Audi W Value as of 7/01/00 $14,000.00 3. 1987 Plymouth Minivan H Value as of 7/01/00 $1,200.00 4. state Employees Retirement H Account No. 484-58-2407 Value as of 6/22/00 $26,860.34 5. Robert W. Baird & Co. W Retirement Account Account No. 6369-6379 Value as of December 31, 2000 $19,023.47 6. state Employees Credit Union H Checking & Savings Account Account No. 484582407 Value as of May 31, 2002 is $441.77 7. Mid Penn Bank Checking & Savings Account Value as of 7/1/00 is $2,200 w 8 . Household Furnishings [See attached Exhibits A and B (itemized lists)] 9. Erie Insurance Company Term Life Insurance No value , H , --~. " ~ ^'_O"'," I. I , NON-MARITAL PROPERTY Plaintiff lists all property in which a spouse has a legal or equitable interest which is claimed to be excluded from marital property: Item Description Reason for Number of Property Exclusion 10. Professional Deck Husband has 50% Sealing, Inc. ownership in corp. which has no value ll. Sofa Pre-marital asset 12. Bed Pre-marital asset 13. Cedar Chest Pre-marital asset 14. Kitchen Table Pre-marital asset 15. Easel Pre-marital asset o - - , - - ''',' _ t~,=,,, . -,' I ."'" ", c. , . '1_ _ 'I Item Number NONE I!,' _ ~^"J ,,,-, __ ",,~, _ .",'c Description of Property " PROPERTY TRANSFERRED Date of Transfer I' ~', Consid- eration 0& Person to whom Transferred "" Item Number 16. 17. " 18. 19. 20. 21. .~2 .' 23. 24. 25. ;'7. ,~ I',' <e,,_ . ,,' " LIABILITIES Description of Property Names of All Creditors Names of All Debtors Mortgage on 4193 GMAC Mortgage Nantucket Drive, Mechanicsburg, PA H & W Balance as of 5/16/01 is $119,775.07 Credit Card First USA Balance as of 1/29/01 is $8,717 H Credit Card MBNA America Bank, N.A. H Balance as of 1/29/01 is $9,180 Credit Card Providian Financial H Balance as of 1/29/01 is $4,813 Credit Card Discover Card Balance as of 1/29/01 is $4,945 H Credit Card Citibank/Choice Balance as of 1/29/01 is $4,352 H Credit Card PA State Credit Union Balance as of 1/29/01 is $10,000 H Unsecured Loan US Airways Federal Credit Union Balance as of 1/29/01 is $11,000 H Unsecured Loan US Airways Federal Credit Union Balance as of 1/29/01 is $7,000 H Audi PA State Credit Union Balance as of 7/1/00 is $10,000 H & W ~ 1 ~ -I 26. 27." '"-' ""~'-~'" ~"'~, \..,0,.,'1- <if s' o .', i!ti . '. .-. Credit Card . PA state Credit Union Balance as of 7/1/00 is $2,000 Unsecured Loan Fleet Balance as of 1/29/01 is $4,500 -, <-I .",' - 'I H & W H , . . ., 1) 2) 3) 4) 5) 6) 7) '8) 9) 10) 11) 12) 13) 14) 15) 16) 17) 18) . 19) 20) .;:', " ""'i ,,_,~ ,. '.:", EXHIBIT A HOUSEHOLD FURNISHINGS ITEMS 4 Beds . 2 Sofas Dining Room Suite Chairs Port~ble Fireplace Sony TV 2 VCRs Gas Grill Picnic Wicker Set Kitchen Set Entertainment Center Work Benches Washer & Dryer Kitchen Appliances Over-Stuffed Chairs Coffee Tables End Tables Water Softener System Dishes, Pots & Pans Chest of Drawers "I . VALUE $3,000 $2,500 $5,000 $200 $1,000 $500 $300 $150 $250 $250 $150 $300 $500 $250 $2,000 $1,000 $500 $2,000 $450 $350 . . '.'""~'-' -. '0,- .>C~,- ~',. __~~..'~ . ,""~~~"""~~~ ~"'''''''~ , ~'" ,~-,. "'-'!" >>" '''''L,','-"o'",''''~"-' '''^"~'.~=",. ~w,"""',~'I--"""""""'J-ori.I~_~I=_"""""'--"__ -''''ll''Jtr ~ (") 0 () C "...., -rl ~ ::,~. (n ,~ v l'I' ,.,., 0'1 :3..1 r1"1 4:: -':1 I 7 rc ~> r"-- , m (-{; - '.0 Y =-< . . .- ~:~ (~) r,"::': \....J -- () +1 :.> (") t- --)" j> co) (3 rn :.n ::;J --', :.0 ~: -< ..,., ."'" _ -~l~~~Kl.;'!!l'~W~'A"','O\.,,<,,',m'f"'y!t"fT\!O'r~i'C-;.jJ~I"";S;;m:~~ji"l";j~!"Wl~~"~~~ JOSEPH P. O'DONNELL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 01-161 CIVIL TERM CONNIE E. O'DONNELL a/k/a CONNIE E. EBY CIVIL ACTION - DIVORCE Defendant ORDER APPOINTING MASTER AND NOW, CMh~/o , 2002, &~"h..-~ ' Esquire, is appointed master with respect tb the following claims: Divorce, Distribution of Property, Support, Alimony, Alimony pendete Lite and Cost and Expenses. BY THE COURT: (;J/ ~~ r~\()"~ ~ ,J. \0'. <9" ~~. rv~ -~, " ",-, ", ~, 'I ," !'" " -I ~ - " " " ~,'OC ^'" -''-I''.' .,:","" -<'- ,,'-' I";; '",~-.. ",. ,",' "~'C',"Q"'"'''' to"~, 'l{j'f "~'Cf"i\f ~""'~ff:m~'h:~ln~IW'[~ "ij ':,:,~', ~ ~ ~;""i" '1 g \iI!\'\!;\l,\SNt{Jd , '\ r' 'n;','"' riI' :,r::~::j:=1:!'1f"O l\J.\ll U,,-J ",e .,--"," 92: II !,!'1 0 \ 1:30 ?O ttJl.iJ ,,\:,"',"':; .,':."," ^O\ lJl",-!, !....-'~,- '-,' ~ . 38\:HC--(,Er:b "._.........'~,,-, ~>"'.,l.. <, ~~~,fflIWtW\'!'l1'-"'''''''';~mrn~iI!flIll'!jl~~~~~-!-~~~~~ . ..I ORDER/NOTICE l? 0 ,w, WITHHOLD INC. OME W. R SUPPORT f)/(f. ~o()l-/bl L'I(/IL State Commonwealth of Penn~lvania IAt5t<; ?.;l~/~.J~ Co.lCity/Dist. of CUMBERLAND .1 '79 d Date of Order/Notice 09/24/02-9R ~I).I Tribunal/Case Number (See Addendum for case summary) o Original OrderlNotice @ Amended Order/Notice o Terminate Order/Notice COMMONWEALTH OF PA C/O PAYROLL OPERATIONS ATTACHMENTS RESEARCH UNIT PO BOX 8006 HARRISBURG PA 17105-8006 RE: 0' DONNELL, JOSEPH P. Employee/Obligor's Name (Last, First, MI) 484-58-2407 Employee/Obligor's Social Security Number 5697000033 Employee/Obligor1s, Case Identifier (See Addendum for plaintiff names associated with cases "on attachment) Custodial Parent's Name (Lastl First, MI) EmployeriWithholder's Federal EIN Number 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 deductthese amounts from the above-named employee's1obligor's income until further notice even if the Order/Notice is not issued by your State. $ 400.00 per month in current support $ 0.00 per month in past-due support Arrears 12 weeks or greater? Oyes QQ 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 $ 400 . 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: $ 92.31 per weekly pay period. $ 184.62 per biweekly pay period (every two weeks). $ 200. 00 per semimonthly pay period (twice a month). $ 400.00 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 daysof the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's1obligor's . aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #10 on pg. 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PA YMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER 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. Date of Order: ---srp 2 4 ZOIlZ ~~~~:~~ Service Type M _ _ __ ~.. OMB No.: 097().()154 '''''-"~-II\,"",",,,,~ ,~" ,,~~, . Il'lII!I ~'f"""'1 ~I D~. ~ " 1 '"_";>'""or< -,-, , , ~ >~_,'..~,'""""-,,,,-'>F""_. ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS o If !;;hecked you are required to prPllide a copy of this form to your. employee. If your employee "forks in.a state that is ditterent from the state that issued this order, a copy must be provided to your employee even If the box IS not checked. 1. We appreciate the voluntary compliance of Federally recognized Indian tribes, tribally..()wned businesses, and Indian..()wned businesses located on a reservation that choose to withhold in accordance with this notice. 2. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federai 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. 3. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. . 4.* Rep",tij,ll 11,. ra,date/Date ofWill,l,oldij,g. You n,us! leport tl,e pa,datefdate of "itl,I",1dij,g ..I,el. '''j,dij,g ILt parn,e"t. TI,e . p.,d,n"ldatc of ..id,l,olding;' 11,. date oj, "I,lel, amOUI,t ,,0; "al,l,eld 1.01" d,e cl"plo,ee', "a~'. You must comply with the law of the state of the employee'slobligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 5. * Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/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'slobligor's principal place of employment. You must honor all OrderslNotices to the greatest extent possible. (See #10 below) 6. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the infonnation requested and return a copy of this Order/Notice to the Agency identified below. WITHHOLDER'S 10: 2321722990 EMPLOYEE'S/OBLlGOR'S NAME: EMPLOYEE'S CASE IDENTIFIER: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: O'DONNELL. JOSEPH P. 5697000033 DATE OF SEPARATION: 7. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 8. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9. Anti-discrimination: You are subject to a fine detennined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 10. * Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 US.c. ~ 1673 (b)1; or 2) the amounts allowed by the State of the employee'slobligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. . 11. Additionallnfo: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. Submitted By: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet Page 2 of 2 Form EN-028 Worker ID 21205 Servi ce Type M OMB No.: 097()'()154 ;"j'~>m1C~'~ ~ - ~ - . , " ." > ." ~,' , ADDENDUM Summary of Cases on Attachment Defendant/Obligor: 0' DONNELL, JOSEPH P. PACSES Case Number 723103605/~ nqr Plaintiff Name CONNIE E. O'DONNELL Docket Attachment Amount 01-161 CIVIL $ 400.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB d:~~~~~t::;~~~;~;;;~~i~:~~~;;;I;~~~~il~'i;~~i'rtr' identified above in any health insurance coverage available through the employee's/obligor's employment. t5ii~~~~t~~:~~~~;;;~~~~~~;~~~;;iii~;~~\'I~i;.;~; 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 ;.::'...:,.,.:-:..:.:':.,.:;.:.:;.:.,;.:.:.;.:.:;.:';.;.:,:;..:,:.,.:.:.'.:;.'.:.:.'.:,:,',:,:.',:,:.',:.:.'.:':':':':':'.':'::':"':':'.':':":':":':":':'::':",:,:,:,.,:,:,;,::,.,::,.,:,:,:,:,::".::.:.:.:.;.:.:.:.:.:.:.:.:.;.:.: .'.DI~'~~:~:;:~~~:;~.:~~;;:;~~~;~;I;~;~~:I~;;~.~;..... identified above in any health insurance coverage available through the employee's/obligor's employment. ::}:~:~:::::~:':::~:'{:::::~::{;'{:'::'~:'::::::::::;:: i::::::::::::;':;:::::::j::::::::::::::::::::::::::::::;:::::::::::::,:::;~;?::::';?';:':;}?::::;\::;i:?~:}~:::;~::;::;.:::::,:::.:,:.:.., ...... .. D If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): 006 Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB B,~~~~~t:d;~~~~;:~~:~~:~~~;~ii;~'~~:i~i;:;' identified above in any health insurance coverage available through the employee's/obligor's employment. d;~~~!~~:~:~~~~;;;~~~;;~';~:~;~i;;;;:~~i'i~i;~;"n identified above in any health insurance coverage available through the employee's/obligor's employment. Addendum Form EN-028 Worker ID 21205 Service Type M OMS No.: 097().()154 "-"'~l"M~--"?-_"" " " ~ n~~~ .,-,,"'. ~ ~.,~~.~ <.~~ ......"""...,,-'" " ~ ,~."" _~PJ!!'_"'_ ..,..- ~ >,~ CfP ~,' J ",'<'_" ,~^'''''''',"~' -- ''''-'" ...~'~' ".~," "W' , ,.0 .0 ~ '0' .~" (") 0 0 c '" .1 "'" en --; -oa.1 ,,, -T:_ OJC'.1 " "j,J] ...:- .~,; . Z,-- '" :;~t9 ~Z O''t r"'; L r::"""' "=iC) <'-' '"'" .T.....' ::''>0 ::IL: i-"',,:D ~~ :;,;:C") '-;-? C,m ~ ,;:) ~: ~- -<: li!llIW!!~'I'~~~l'IRI~~iI!!Wl!. ,~~.tiili'''''"",~W'l'''f''"F~^_''''"''''';~~'''o/'''~'''!;;''''''-'''l'''';'''''l"'i":<1~>F"''''~,101''""'J'''{''''linh'I'''l'I'-i1!'<~f!!!~Iffii~~ 1 ,J .. ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsvlvania q-,) 3/ i) ., It! 0';-- Co./City/Dist. of CUMBERLAND OJ -Ivl ~(u \-"" Date 01 Order/Notice 10/28/02 q Tribunal/Case Number (See Addendum for case summary) D 3P1- S o Original Order/Notice o Amended Order/Nntice o Terminate Order/Notice COMMONWEALTH OF PA C/o PAYROLL OPERATIONS ATTACHMENTS RESEARCH UNIT PO BOX 8006 HARRISBURG PA 17105-8006 ~:O'DONNELL, JOSEPH P. Employee/Obligor's Name (last, First, MI) 484-58-2407 Employee/Obl.igor's Social Security Number 5697000033 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (last, First, MI) ErnployerlWithholder's Federal EIN Number 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 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. $ 400.00 per month in current support $ 0.00 per month in past-due support Arrears 12 weeks or greater? Oyes (X) no $ 0.00 per month in medical support $ 0 . ooper month for genetic test costs $ per month in other(specify) for a total of $ 400.00 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: $ 92 .31 per weekly pay period. .. $ .184 . 62 per biweekly pay period (every two weeks). $ 200. ooper semimonthly pay period (twice a month). $ 400. ooper monthly pay period. REMITTANCElNFORMA nON: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate!date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee; cannot eXCeed 55% oftheemployee'sI obligor's aggregate disposable, weekly earnings. For the purpose of the limitation on withholding, the following informiltion is needed (See #10 on pg. 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement L!nit(SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PA YMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITYNUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. Service Type M OMB No.: 0970-015 Date of Order: OCT 2 9. . :" .- " I ''F'" ,'I -~,~, ~ I" ,~,,~ ..~ ,- ~, "~ - ,',~ ~," ~ '"""',,",,,,=',"?r;,.,o,o'," ,,,..b' "'" ~ ',.~', ,-","-J 'w', ',' 'w'.' ," '~<^"..",~,.". ,""'=""k',""",-!.;"j'<;\W-iJ"'''''''-' %' ."", ~"r" '-Tl"tl ~ VINVA1ASNN3d ! 1~.lrl{'\I'"l ,~-..\ !"i')"I~'(!'!I!(lO 1\.:"1 '.~. ,\. /', , "!\,' :I'::;,:j ~'j ~r 1\ ZU :11 " " IT'~d I - liON 2:0 ll~,;\/jf.':i'""~",, '_'~' ;,: ~J~J::.1::1o---Cj~!:1 .10 "T ,/ . "",i!llIlllff.lllll!l'!l~j:~~~,.,~~",, ~, , - (l!!!l!:~ 'Wi'>W$!M"W~i"'Y'"'~'~IfI":~1"",~c, ",-",<'(-: .''''''''Oj~''~i("~~~''''!liW't'lW!ij'I.w.'''',1~'''.'''''i!''f'I'WL'J!1'~~~""",, ,~T 'X'""'iC",;,,,,"",'n-' '," ''''" '~'0 ", ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS o If Qhecked you are required to provide a ~opy ofthis folm to your. employee. If yoVr empioye~ works in.a state that is ditterent.from the state'that issued this order, a copy must be provided to your employee even If the box IS not-checked. 1. We appreciate the voluntary compliance of Federally recognized Indian tribes, tribally-owned businesses, and Indian-owned businesses locat~d on a reservation that choose to withhold in accordance with this notice. 2. 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. . .' ' 3. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify'the portion ofthe single payment that is attributable to each employee/obligor. 4. * Rep6ltihg tl,e Pa,dol.!Dale ofWithhe-ld;',g. )ie-un,u.t 'epM tl,e pa,date/d.de of ..itl,1,6lding ..I,." '.hdit,g II,. pa,,,,.,,t. TI,e pa,doleldat, of ..itl,l,olding ;, II" dale <>I, ..I,ich o,,,&U' ,t ..as ..itl,I,.ld f,o", II" .,"plo,..'. ..ag". You must compiy with the law ofthe 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 fOlWard the support payments. 5. * Employee/Obligor with Multiple Support Holdings: If there is more than one' Order/Notice to Withhold :Income for Support against this employee/obligor and you are unable.to honor all support Order/Notices due to Federai or Statewithholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all ()rders/Notices to the greatest exteni possibie.(See #1 0 below) . ' 6. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and returna coPy of this Order/Notice to theAgency identified below. WITHHOLDER'S ID: 2321722990 ' ., EMPLOYEE'S/OBlIGOR'S NAME: 0' DONNELL, JOSEPH P. EMPLOYEE'S CASEIOENTIFIER: 5697000033 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 7. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 8. Liability: If you fail to withhold income as the Order/Notice directs, you are liable forboththeaccumulated 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 ofthe State in which he or she is employed governs. 9. Anti-discrimination: You are subject to a fine determined u,,'derState law for discharging an employee/obligor froll1 employment, refusing to employ, Of taking disciplinary action against any employee/obligor because of a support'withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 10. * Withholding timits:You inay not withhold more than thelesser of: 1) the amounis allowed by theFederalConsuiner Credit Protection Act (1 5 U .5.c. 91673 (b)l; 0(2) the amounts allowed by the State of the employee's/obligor's principal plaCe of employment. The Federallimitapplies to the aggregate disposabie weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. 11. Additional Info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. Subm itted By: DOMESTIC RELATiONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA17013 if you or your employee/obligor have any questions, contact. . WA.GE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or . by internet www.chUdsupport.state.pa.us Page 2 of 2 Form EN-028 WorkeriD $IATT ServiCe Type M OMS No,;,097(}"{)154 :"':j!,,:,~; .... " , , " ~, < ". " . '~'~_,..w,..,., - , , ADDENDUM Summary of Cases on Attachment Defendant/Obligor: 0' DONNELL, JOSEPH P. PACSES Case Number 723103605 Plaintiff Name CONNIE E. O'DONNELL Docket Attachment Amount 01=-i61CIVIL $ 400.00 Child(ren)'s Name(s): PACSES Case Number Plaintiff Name DOB Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ..,.."...'.'. ........,..,0:.".. >.::., '.". ....,..'.:....::..::.:':....::..:'.,:..,.:..,:',.,.,.:.,'..,",.."""...,.", ....'......'-'". 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 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 PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ..,.. ..,....... .".:,'."".,.,.:.....:'..::...:,'::,'.,'.<<... . [j If ~heck~d, ;~~ ~;~;equired to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment ..........,......................... ,.." ............,.... ... ......,... ..... ..... .........,,'.. ..... . .... ........, Dlfch~~k~d,you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment Addendum Form EN-028 Worker ID $IATT Service Type M' QMB No., 097Q.0154 4', JOSEHP P. O'DONNELL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 01-161 CIVIL TERM CONNIE E. O'DONNELL, Defendant CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S PRE-TRIAL STATEMENT JOSEPH P. O'DONNELL, the Plaintiff, by and through his attorney, Scott Alan Bly, Esquire, files the following Pre-Trial statement: TABLE OF CONTENTS 1. Background Information 2. Listing of Marital Assets and Debts 3. Listing of Personal Property 4. Listing of Non-Marital Assets 5. Pensions 6. Income and Expenses 7 . Expert Witnesses 8 . Non-Expert Witnesses 9. Listing of Proposed Exhibits 10. Proposed Resolution DATED: 11.l7J03 Respectfully Submitted, ~ A~ t~ Scott Alan Bly, Esquire Attorney for Plaintiff - I.D. #71887 P.O. Box 341 Hershey, PA 17033 (717) 533-8315 1 . BACKGROUND INFORMATION A. PARTIES HUSBAND NAME Joseph P. O'Donnell ADDRESS 1402 Timber Chase Drive Mechanicsburg, PA 17050 AGE 48 DATE OF BIRTH July 19, 1954 PLACE OF BIRTH San Diego, California SOCIAL SECURITY NUMBER 484-58-2407 HEALTH Good EMPLOYER PA Department of Transportation OCCUPATION Pilot LENGTH OF RESIDENCY IN PA Since 1976 EDUCATIONAL BACKGROUND Associates Degree WIFE NAME Connie E. O'Donnell ADDRESS 4103 Nantucket Drive Mechanicsburg, PA 17055 Hurnmelstown, PA 17036 AGE 51 DATE OF BIRTH September 4, 1951 PLACE OF BIRTH Phillisburg, PA SOCIAL SECURITY NUMBER 177-44-3778 HEALTH Good EMPLOYER Dr. Pastucka '''-'''' " I' ~ e .~. ~~ OCCUPATION Dental Hygienist LENGTH OF RESIDENCY IN PA Since birth EDUCATIONAL BACKGROUND Bachelor's Degree B. CHILDREN NAME AGE DATE OF BIRTH CUSTODIAN C. MARRIAGE INFORMATION DATE OF MARRIAGE December 19, 1993 PLACE OF MARRIAGE New Cumberland, PA DATE OF SEPARATION Jul Y 1, 2000 . Irretrievable Breakdown CIRCUMSTANCES OF SEPARATION , D. PRIOR MARRIAGE I WIFE I::: HUSBAND E. CHILDREN OF OTHER RELATIONSHIPS/MARRIAGES WIFE Shana Slossberg Gretta Slossberg HUSBAND Claire O'Donnell Ashley O'Donnell . F. PROCEEDINGS INFORMATION DATE ACTION COMMENCED January 9, 2001 DATE OF SERVICE OF COMPLAINT February 9, 2001 MANNER OF SERVICE OF COMPLAINT Certified Mail ISSUES RAISED IN Equitable Distribution DIVORCE COMPLAINT DATE PETITION FOR CLAIMS FILED October 8, 2002 ,~,~ ~ , ": ~ " I~" ~I" 'I ISSUES RAISED IN PETITION Equitable Distribution Alimony Support BIFURCATION None PREVIOUSLY RESOLVED ISSUES None 2. MARITAL ASSETS AND DEBTS The following is a listing of the marital assets and debts of the parties: ITEM NO. DESCRIP- TOTAL HUSBAND'S WIFE'S COMMENTS TION VALUE POSSES- POSSES- SION SION 1. REAL ESTATE 1.A 4193 Appraisal XX Defendant Nantucket Pending to buy Drive, Plain- tiff's Mechanics half burg, PA 17055 2. VEHICLES 2.A. 1995 $14,000 XX Wife to Audi buyout Husband's 1/2 interest. 2.B. 1987 $1,200 XX Husband Plymouth to buy Minivan out wife' 1/2 interest. 3. BANK ACCOUNTS '5:, T, '- '. " ,",~- , I, ITEM NO. DESCRIP- TOTAL HUSBAND'S WIFE'S COMMENTS TION VALUE POSSES- POSSES- SION SION 3.A. State $441.77 XX Husband Employees to retain Credit Union 3.B. Mid Penn $2,200.00 XX Wife to Bank retain. PENSIONS 4. 4.A. State $26,860 XX Husband Employee to Retire- retain. ment 4.B. Robert $19,023 XX Wife to Baird retain Retire- ment ITEM NO. DESCRIP- TOTAL HUSBAND'S WIFE'S COMMENTS TION VALUE POSSES- POSSES- SION SION " 5. LIFE INSURANCE POLICIES 5.A. Erie Term No value XX Life Insurance 6. HOUSEHOLD GOODS 6.A Miscell- $20,150 XX To be aneous divided household equally goods 6.B. Miscell- $250 XX pre- aneous marital household assets of good, husband 7. MISCELL- ANEOUS DESCRIP- TOTAL HUSBAND'S WIFE'S COMMENTS ITEM NO. TION VALUE POSSES- POSSES- SION SION 8. DEBTS 8.A GMAC $119,775 Husband Mortgage (as of and wife mortgage 5/16/01) obligated on 4193 on Nantuck- mortgage et Drive, Mechan- icsburg, PA 8.B. First $8,717 In USA, (as of husband's credit 1/29/01 ) name card '" ~' I 8.C. MBNA $9,180 In America (as of husband's Bank, 1/29/01) name credit card 8.D. Provid- $4,813 In ian husband's Financ- name ial, credit card 8.E. Discover $4,945 In Credit (as of husband's card 1/29/01) name 8.F. Citibank $4,352 In Choice, (as of husband's credit 1/29/01) name card 8.G. PA state $10,000 In Credit (as of husband's Union, 1/29/01 ) name credit card 8.H. US $11,000 In Airways (as of husband's Federal 1/29/01 ) name Credit Union, unsecur- ed loan 8. I. US $7,000 In Airways (as of husband's Federal 1/29/01) name Credit Union, unsecur- ed loan 8.J. PA State $10,000 In Credit (as of husband's Union, 7/1/00) and secured wife's loan for name Audi "f.t..,.,.~ ',' ,,". " ,0':1'''''",---.. ^' ~,. 8.K. PA state $2,000 In Credit (as of husband's Union, 7/1/00) and credit wife's card name 8.L. Fleet, $4,500 In unsecur- (as of husband's ed loan 1/29/01) name 3. LISTING OF PERSONAL PROPERTY ITEMS RETAINED BY WIFE DESCRIPTION VALUE 1995 Audi $14,000 All household furnishing $20,150 Real property located at 4193 Unknown, appraisal pending Nantucket Drive, Mechanicsburg, PA ITEMS RETAINED BY HUSBAND DESCRIPTION VALUE 1987 Plymouth Minivan $1,200.00 Pre-marital assets: bed, $250.00 easel, sofa, cedar chest, kitchen table 4. LISTING OF NON-MARITAL PROPERTY The following is a listing of the non-marital assets of the parties: ITEM NO. DESCRIPTION BASIS OF OWNER EXCLUSION i>'! , ,~ . , I ~,'l -'1 " 1. Professional Husband has Husband Deck Sealing, 50% ownership Inc. in a corporation which has no value 2. Sofa pre-marital Husband asset 3. Bed pre-marital Husband asset 4. Cedar Chest pre-marital Husband asset 5. Kitchen Table pre-marital Husband asset 6. Easel pre-marital Husband asset 5. PENSIONS The following is a listing of pensions of the parties: PARTY DESCRIPTION HUSBAND State Employees Retirement Account ,~,~ To"" .,,~ -", , WIFE Robert W. Baird & Co. Retirement Account 6. INCOME AND EXPENSES The following is a listing of the income and expenses of the parties: PARTY DESCRIPTION AMOUNT HUSBAND GROSS MONTHLY INCOME Unknown NET MONTHLY INCOME Unknown MONTHLY EXPENSES Unknown PARTY DESCRIPTION AMOUNT WIFE GROSS MONTHLY INCOME $4,358.25 . $3,097.14 . NET MONTHLY INCOME MONTHLY EXPENSES $4,993.00 7. EXPERT WITNESSES Any experts who may be called to testify are not known at this time. If additional experts are retained, Plaintiff reserves the right to call them as witnesses upon proper notification to Defendant. None at this time. B. NON-EXPERT WITNESSES I NAME I SUBJECT TO TESTIMONY ,"~ ,~ "-~ . . I ~, ^';'",.,,~. . Joseph O'Donnell History of marriage; identification and valuation of marital assets and debts; other relevant testimony relating to the factors set forth in the Divorce Code. Connie O'Donnell, as of cross History of marriage; identification and valuation of marital assets and debts; other relevant testimony relating to the factors set forth in the Divorce Code. Additional witnesses who may be called to testify are not known at this time. If such additional witnesses are identified, Plaintiff reserves the right to call them as witnesses upon proper notification to Defendant. 9. LISTING OF PROPOSED EXHIBITS The following is a listing of Exhibits which are anticipated to be submitted at the hearing in this case: NO. DESCRIPTION 1. Plaintiff's Income and Expense statement 2. Plaintiff's Inventory and Appraisement If additional exhibits are identified, Plaintiff reserves the right to submit additional Exhibits upon proper notification to Defendant. 7t.t~~. I,. -1, ' -, . 10. PROPOSED RESOLUTION A. EQUITABLE DISTRIBUTION Plaintiff proposes a 50/50 division of assets. B. ALIMONY Plaintiff proposes that no award for alimony be allocated. C. COUNSEL FEES AND COSTS Plaintiff proposes that each party is responsible for their own counsel fees. ''0'~ , ,~ ,',", ", "',~, "1' 1 , )1 ,~" ,,' n ~ < .~ ~f' , ,~~ ~~ 'n:, ',; -"'"f"'~'fr"': :~thr 'f,i~~t'-:r-' "t(l~r,m:;'l~)j;L "'Ytrl"itltL~iL.': <t~'~";"" 'tfW: $ () C ->. ': , 7 ~~ -c CJ (",J "'--,'" -~ ~'J' '::::.:) ~D () -Ij ~ ~:J -r-'~ :U ~: , "~,. ,,_ ".,.,._ ,__!i!lf'~~,*O!~~;',."fc"!I:'1\i':lijl';fl-','-"'R!"'\,:\,""''''''~~~~~~~,~~~I~iftl~,~',~,' JOSEPH P. O'DONNELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 01-161 CIVIL TERM CONNIE EBBY O'DONNELL, Defendant IN DIVORCE DEFENDANT'S PRE-TRIAL STATEMENT Defendant, by her attorney, Samuel L. Andes, files this Pre-Trial Statement in accordance with Pa. R.C.P. 1920.33(b): 1. ASSETS. Attached hereto and marked as Schedule A is a list of the marital assets as known to Defendant/Wife. There has been a woeful lack of formal discovery and informal disclosure of assets and all of the assets have not been properly identified or valued up to now. Schedule A is the best information Wife can provide at this time. 2. EXPERT WITNESSES. Wife anticipates that, unless the parties can agree on the value of marital assets otherwise, the following expert witnesses will be required to testify at the hearing: A. A real estate appraiser, if necessary, to establish the reasonable value of the marital residence. B. A competent business appraiser to establish the value of Husband's interest in Professional Deck Sealing, Inc. C. A certified public accountant or other qualified expert to trace and determine the disposition made of the funds realized when Wife's pre-marital home was refinanced during the marriage. D. An actuary or other qualified expert to value Husband's interest in his pension with the Pennsylvania State Employees Retirement System and, if appropriate, the increase in value of his pre-marital pension benefits with US Air or any other retirement asset held by Husband. Wife retains the right to call additional witnesses as may be necessary to respond to Plaintiff's case in chief. Page 1 of 5 3. FACT WITNESSES. At this point Wife intends to call only herself as a fact witness. She reserves the right, however, to call witnesses to testify about the marital misconduct prior to separation of the Plaintiff/Husband and further reserves the right to call such additional witnesses as may be necessary to respond to Plaintiff's case in chief. 4. EXHIBITS. At the hearing Wife intends to introduce the following exhibits: A. Documents relating to the refinancing of her pre-marital residence. B. Tax returns for the parties and for Husband's corporation. C. Copies of statements showing the balance in financial accounts and assets. D. Documents relating to Husband's SERS pension. E. Paycheck stubs, expense statements, and other documents relating to her living expenses and income. F. Documents relating to any debts owed by the parties. Wife reserves the right to offer into evidence such additional exhibits as may be necessary to respond to Husband's case in chief. 5. INCOME STATEMENT. Attached hereto and marked as Schedule B is an Income and Expense Statement for Wife. 6. EXPENSE STATEMENT. Attached hereto and marked as Schedule B is an Income and Expense Statement for Wife. 7. PENSION INFORMATION. Wife's only retirement asset is the Baird IRA. She will establish the value of that by providing copies of statements showing the balance in the account at appropriate times. Husband has a retirement benefit with the State Employees Retirement System and Wife will call an expert witness, if necessary, to establish the value of the marital portion of that account. Wife also believes that Husband has a pre-marital retirement account with his former employer, US Air and, if she can obtain the information she needs to value the increase in that asset during the marriage, will call an expert witness to establish that value as well. Finally, Wife believes that Husband may have an account within the Commonwealth of Pennsylvania Deferred Compensation Plan and, if he does, will establish the value of that by introducing into evidence statements showing the balance in the account at various dates. Page 2 of 5 8. COUNSEL FEES. Wife has incurred substantial counsel fees and, at the hearing, will present testimony about the extent of those fees and the balance she owes on them. 9. PERSONAL PROPERTY. Wife believes that the parties have previously divided their personal property. To the extent that is not the case and Husband wishes to receive additional items in Wife's possession, or vice versa, she proposes to have the disputed items appraised and establish their value in that fashion. 1 O. MARITAL DEBTS. Other than the mortgage owed on the marital residence and the loan owed on her vehicle, Wife is not aware of any marital debts owed by the parties. 11. PROPOSED RESOLUTION OF ECONOMIC ISSUES. Wife proposes that she be awarded her pension, the residence on Nantucket Drive, the Audi automobile, the personal property and bank accounts and other assets currently in her possession, and a payment of $40,000.00 from Husband. She further proposes that Husband pay $500.00 per month alimony for an indefinite term and that she be awarded 50% of her counsel fees. Husband would retain his pension, his deferred compensation plan, his interest in Professional Deck Sealing, Inc., and any other marital assets in his possession which have been disclosed up to now. s~ Attorney for Defendant Supreme Court ID 17225 525 North 12th Street Lemoyne, PA 17043 (717) 761-5361 Page 3 of 5 SCHEDULE A - MARITAL PROPERTY DATE OF MARITAL AMOUNT ASSET VALUE VALUATION PORTION LIENS OF LIEN Residence at 4193 Nantucket $150,000.00 June 2000 See Notes Mort9age $120,000.00 Drive in Hampden Township owed to GMAC Mortgage Husband's 50% interest in Unknown June 2000 100% Unknown Unknown Professional Deck Sealing, Inc. Husband's benefits with Unknown February 2002 100% Unknown Unknown Pennsylvania State Employees Retirement System Husband's interest in Unknown June 2000 Only increase Unknown Unknown retirement plan or similar during marriage retirement benefit with US Air is marital property Wife's rollover IRA with $16,750.00 April 2001 Approximately No liens Baird/Northwestern Mutual three quarters of known this is marital and the rest was funded prior to the date of marriage Husband's account in Unknown June 2000 100% (if it No liens Commonwealth of exists) known Pennsylvania Deferred Compensation Plan Wife's 1998 Audi automobile $8,000.00 June 2000 100% Loan to $7,000.00 as PSECU of June 2000 Miscellaneous items of Unknown June 2000 50% No liens household furnishings known Notes: 1. Wife owned the residence on Nantucket Drive prior to the date of marriage and had substantial equity in it at that time. During the marriage, the parties refinanced the property and, at that time, placed it into joint names. The net proceeds of that refinancing, after paying the cost of the refinancing and the balance owed on the prior mortgage were used and expended by Husband. Wife has no knowledge of what came of those funds and believed that they were diverted to pay Husband's pre-marital debts, invest in his deck business, or otherwise were applied for his sole benefit. Page 4 of 5 '''~ , ..1 ~"" . 2. Wife believes that there may be other assets, particularly in the form of investment accounts or financial assets, which were obtained by the parties during the marriage, but are under Husband's control. Formal discovery in the case has not been useful in producin9 complete information about those assets and so she is not able to determine what assets exist or what value they have. She believes more discovery, or at least informal disclosure, is required to properly identify all of the assets. 3. Husband's interest in the corporation he owns with another person has not been valued to date and there is not, as yet at least, adequate financial information with which that asset can be valued. Wife is aware that the business owns substantial assets, including the motor vehicle that Husband operates for his personal use, and generates income to the other owner and, perhaps, to Husband. Again, far more discovery or voluntary disclosure is required to obtain information from with which that asset can be valued. Page 5 of 5 i,~. ~~ " 0 ~'-I' " II " .1 JOSEPH P. O'DONNELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 01-161 CIVIL TERM CONNIE EBBY O'DONNELL, Defendant IN DIVORCE INCOME AND EXPENSE STATEMENT OF CONNIE EBBY O'DONNELL INCOME Defendant is employed by Martin J. Pastucka as a dental assistant and hygienist. Her earnings from that employment, every two weeks, are as follows: Gross Earnings $1,284.00 Less: Federal Income Tax FICA Medicare Tax Pennsylvania Income Tax Local Income Tax Retirement $110.00 $79.61 $18.62 $35.95 $12.84 $25.00 Total Deductions ($282.02) Pay net of taxes and deductions $1,001.98 That averages $2,170.96 per month. Attached hereto and marked as Exhibit A is a copy of a recent paycheck stub confirming the above information. ~ ,,~ , , T.T - , T EXPENSE Attached hereto and marked as Exhibit B is a list of Defendant/Wife average monthly living expenses. I understand that false statements herein are made subject to the penalties of 1 8 Pa. C.S. 4904, relating to unsworn falsification to authorities. Date: CONNIE EBBY O'DONNELL ',Jj , ~, I," ,~'''I ." MWIN J. PASTueKA.. ' Dial AMAIITIN:J. pASlU(:KA!lbs PAYROLL MCOUNl PEftl0DElIlOING. . EMP. NAME REGUlA!! HOURS . ..0000l)ME HllUIlS@ Ii .-~= .It" _ "~ EXPENSE STATEMENT WORKSHEET EXPENSES MONTH HOME Mortgage / Rent 1115.00 Maintenance 50.00 Electric 60.00 Gas 80.00 Telephone 44.00 Water 40.00 Sewer 37.00 EMPLOYMENT Lunch 70.00 . INSURANCE Automobile 62.00 AUTOMOBILE Fuel 60.00 Repairs 50.00 MEDICAL Doctor 25.00 Medicine 68.00 Special needs (glasses, braces, orthopedic 25.00 devises) PERSONAL Clothing 100.00 Food 250.00 Barber / Hairdresser 20.00 Credit Payments: Credit Card 100.00 Charge Account Household Supplies 100.00 ""''''''''!'''' .,c, " ~~~ - . 0 . MISCELLANEOUS Papers / Books / Magazines 20.00 Entertainment 120.00 I Pay TV 36.00 . Vacation 100.00 Gifts 50.00 Legal Fees 50.00 TOTAL EXPENSES $2.732.00 , , , '~\c"1[ "j ~ . - I' ,. m . , JOSEPH P. O'DONNELL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 01-161 CIVIL TERM CONNIE E. O'DONNELL Defendant ((B'f) CIVIL ACTION - DIVORCE MOTION FOR APPOINTMENT OF MASTER Joseph P. O'Donnell, Plaintiff, moves the court to appoint a master with respect to the following claims: (x) Divorce () Annulment (x) Alimony (x) Alimony Pendente Lite (x) Distribution of Property (x) Support () Counsel Fees (x) Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claim(s) for which the appointment of a master is requested. (2) The Plaintiff has appeared in the action by his attorney, Scott Alan Bly, Esquire. (3) The statutory grounds for divorce are Section 3301(c) and in the alternate Section 3301(d) of the Divorce Code. (4) The action is contested with respect to the following claims: Spousal Support Alimony Alimony Pendete Lite Distribution of Retirement Accounts Distribution of Personal Property Values of household items Distribution of Real Property Value and Equity in Real Property (5) The action does not involve complex issues of law or fact. (6) The hearing is expected to take 0.5 days. '-f1~-", ^"-, ,.- -'~ 1,0, '__I "n" - f; (7) Additional information, if any, relevant to the motion: None Date: ----0Cfc6(p... f- l).<;4lr -"_.~ 'I' I - ~ At~~y~~8b Plaintiff Scott Alan Bly I.D. 71887 P.O. Box 341 Hershey, PA 7033 (717) 533-8315 fax (717) 533-0255 ~ , ~ ,~, ~",~ ~--, ~' , , ,~ J!.Ikf ~ . ,"~ ~~, " """,~!'7 ,~ ,,~I ~-""".....,_. ,,' . '~' "~~h' - ~~,," ,_,,,,,,,"-'""..1",", _,;' ~ :''^'' ',," ';'-!~,~ 'It illn':<~":' '". ~<Y,"fi''jlfit('if;';;;'fij't'tr<~I1trnr'"''''''',''~,. }''''I~! o <;;:; ''Om rnfT'i :::-::::.1..; [j;~;~' ~;~ ..J''''c "7 :(I "" , C:) f'..;> () --q o C) -.. I C') --,I -,:;:;:T" '1= -C,!~ )~~ ~~,i "',.... -< :::::J1' --r:" C. -_1 ,"1" ~~:'~''ilI'f;;l10w'':V''-'''';'M;oW!;;::p1",''-J''''1'!.''m;;'''nl!~lf~l1fl~~~~~~~1Rr....,..,.",!I![lIf<<!!!i[J "'~ .,,,,'~ - JOSEPH P. O'DONNELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01 - 161 CIVIL CONNIE E. O'DONNELL, a/k/a: CONNIE E. EBY, Defendant IN DIVORCE TO: Scott Alan Bly , Attorney for plaintiff Samuel L. Andes , Attorney for Defendant DATE: Thursday, October 17, 2002 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. "1__0" , ,"""""1" ,~~>w" ': ' I:" /"', ~'-) . , . '~,'~ ,'," , (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. l\)13~ i><v DATE ~ke COUNSEL FOR PLAI TIFF ()(j COUNSEL FOR DEFENDANT ( ) NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. , I "1'< , r~ " ~-- ,~ -- , " ~ ~,~', , ~ ,,'"'-~: ~ ~' _~. '"" _""C,' .,_.~~,,, '-'~_".d-"'.~"~" ~ o C ? ~~f (/~, '" ',-- ,..-' t'c) co I"~~ i. -' -"-'1 f'" ["'" :?'"' r5 L,; { ~, ; . '~ '-,,''''-',,- ..-' """..'~"", . _,"""",~1J'"~~$'W~~__ "nJJ,J.JJ~:!J~nllf!i1lllif,ii:I':~!tJiJ~~~~ ~",!'i t 1\ ~ JOSEPH P. O'DONNELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW ( NO. 01-161 CIVIL TERM CONNIE EBBY O'DONNELL, Defendant IN DIVORCE CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant, Connie Ebby O'Donnell, certifies that: 1. A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty (20) days prior to the date on which the subpoena is sought to be serve. 2. A copy of the notice of intent, including the proposed subpoena, is attached to this certificate. 3. No objection to the subpoena has been received. 4. The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DA TE: 2 Rp"a 2.ro3. -~~ Sam el L. Andes Attorney for Defendant Supreme Court ID # 17225 525 North 12th Street Lemoyne, PA 17043 (717) 761-5361 JOSEPH P. O'DONNELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION. LAW NO. 01-161 CIVIL TERM CONNIE EBBY O'DONNELL, Defendant IN DIVORCE NOTICE TO: Custodian of Records Commonwealth of Pennsylvania State Employees' Retirement System 30 North 3rd Street, Room 31 9 Harrisburg, PA 17101 You are required to complete the following Certificate of Compliance when producing documents or things pursuant to the Subpoena: CERTIFICATE OF COMPLIANCE WITH SUBPOENA TO PRODUCE DOCUMENTS OR THINGS PURSUANT TO RULE 4009.23 I, , certify to the best of my knowledge, information and belief, that all documents or things required to be produced pursuant to the subpoena issued on have been produced. DATE: -,,, , . 1" COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NO. 01-161 CIVIL TERM JOSEPH P. O'DONNELL, Plaintiff CONNIE EBBY O'DONNELL, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records Commonwealth of Pennsylvania State Employees' Retirement System 30 North 3rd Street, Room 31 g Harrisburg, PA 17101 Within twenty (20) days after service of this subpoena, you are ordered by the Court to produce the following documents or things: copies of annual benefit statements for Joseph P. O'Donnell rSSN: 484-58-2407) for the calendar years 1999,2000,2001, and 2002 at: the law office of Samuel L. Andes at 525 North 12th Street, Lemoyne, Pennsylvania. You may deliver or mail legible copies of the documents or things requested by this subpoena together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies of producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Samuel L. Andes, Esquire 525 N. 12th Street, Lemoyne, PA 17043 (717) 761-5361 BY THE COURT, . 1 DATE: IJ?l t!/L[A' k .2~7g Seal of the Court /..j/} L/.: ~C ,/u1v. l' .:(~ _ p~ thonotary ., J' ./;"/1 a-/,..;- -.1 I~ ~ji"'u,.. A1 //",<Al'~' ~/) ~- , ,. T' Ii , ~~" " ~, ^ " '~~,~ , "'0 ~~~' ," :"",'.'. , ?,'".",' ,<- r" " ""~'ilijlJ'iii'if'jjf'I"'"'' ,','" ''It'''''rtililfll'rmr''IflrUlnn lTltrT \i (') c C) c c.) -r; .. -::r.. -0 C,U ~'n , ~~ ,-'J' ~:'J , 1-'- -7\' i?~; ....J --~:'~ i-) -Tl " 0 () ..c.-C.> m >c:: (..oJ -/" " =i CJ :e:O -<: ..- :< . "', ~ ~ ~~ _ ,~,ilI1Il'fWt1illM",~'''t''F1P'lV~",J",~",,-,,';;iWj''"i~'I<M'!!~It~W!]jlSll!W'l!Wj;ffi!i!lj~l'flfI~'~f!lIIl ~H \ JOSEPH P. O'DONNELL, : Plaintiff v. CONNIE EBBY O'DONNELL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW NO. 01-161 CML TERM ORDER OF COURT AND NOW, this 9th day of June, 2003, upon consideration of Plaintiffs [Defendant's] Motion To Compel, a Rule is hereby issued upon Plaintiff to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. ~tt Alan Bly, Esq. P.O. Box 341 Hershey, PA 17033 Attomey for Plaintiff A:muel L. Andes, Esq. P.O. Box 525 Lemoyne, P A 17043 Attorney for Defendant :rc 'i)'I~A" .1;1.=.. ",W',~,~,~__ "~" ~c~ "" '~" BY THE COURT, f1~ . > L- -0:' ~-P :3- 0,0 D"\ '-. ,,' '" ~~~;~, 4' \fINv/\lAS,\JN:Jd ) ! r. !f!'-".-" f;;. "J"]' I~-:::'-' I \~.I\~ II,),." ',,':'.';,.' '~I:'i,::jV'!n:) 9'" ." .. . c,'c, Hd h - i~nr fO AtI\lW,\iC: Lu,~, :10 j~)i+~:O 'G:ri!~ ~'!"~ .'~ '-~,~'" "<,'''".',\~'',~,''^>< '-0' ""'"'(n" I'~'''' "f"JrY::::' "ft:'ifr~~ '_J~~~,~' ''''1' I ,,,,,IMIIl~'~f!l'~!ffi".!!';~if!':!~~~~ilJl~'IJ'!'i;1'1~~'fffl1!~lltllQIm ~J!ll'If.1n H . I r vs. ) ) ) ) ) ) I ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOSEPH P. O'DONNELL, Plaintiff CIVIL ACTION - LAW CONNIE EBBY O'DONNELL, Defendant NO. 01-161 CIVIL TERM IN DIVORCE ORDER OF COURT AND NOW this day of , 2003, upon consideration of the attached Motion to Compel, the Plaintiff, Joseph P. O'Donnell, is hereby ordered and directed to file answers to Defendant's Interrogatories and Defendant's Request for Production of Documents within days from the service of this Order. BY THE COURT, J. Distribution: Scott Alan Bly, Attorney for Plaintiff, P.O. Box 341, Hershey, PA 17033 Samuel L. Andes, Attorney for Defendant, P.O. Box 525, Lemoyne, PA 17043 II f , vs. ) ) ) I ) ) ) I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOSEPH P. O'DONNELL, Plaintiff CIVIL ACTION - LAW CONNIE EBBY O'DONNELL, Defendant NO. 01-161 CIVIL TERM IN DIVORCE PLAINTIFF'S MOTION TO COMPEL AND NOW comes the above-named Defendant, by her attorney, Samuel L. Andes, and moves the Court to compel the Plaintiff to answer Defendant's discovery in this matter, based upon the following: 1. The moving party herein is the Defendant. The responding party is the Plaintiff. 2. The parties were married in 1993 and separated in about 2000. During the time they were married they acquired marital assets. 3. This action was commenced in 2001 by Plaintiff. Since the commencement of the action, Defendant has been attempting to obtain information about the financial assets of the parties so that she can prepare this case for negotiation or litigation. Defendant's efforts to gain that information informally have not been successful. 4. In February of 2003, Defendant served upon Plaintiff formal discovery requests which consisted of the following: A. Plaintiff's Interrogatories to Defendant. A copy of those Interrogatories is attached hereto and marked as Exhibit A. 1';, f r B. A Request for Production of Documents and Things, a copy of which is attached hereto and marked as Exhibit B. 5. The discovery requests were served upon Plaintiff's counsel of record on or about 27 February 2003. 6. To date, Plaintiff and his attorney have made no response and filed no objections to Defendant's discovery requests. 7. The case is currently scheduled for a pre-trial conference with the Master at the end of June. Defendant needs the information requested in her discovery requests prior to that time so that she can properly prepare for the pre-trial conference and any later hearing. Without that information, Defendant is being unfairly prejudiced. WHEREFORE, Defendant moves this Court to enter an order directing Plaintiff to answer her Interrogatories and her Request for Production of Documents immediately upon service of the Court's order. I verify that the statements made in this Motion to Compel are true and correct. I understand that any false statements in this Petition are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). -ii?d!P f2Q Attorney for Defendant Supreme Court ID 17225 525 North 12th Street Lemoyne, PA 17043 (717) 761-5361 .... Il f CERTIFICATE OF SERVICE I hereby certify that I served the foregoing Motion to Compel upon counsel for Plaintiff herein by U.S. Mail, postage prepaid, return receipt requested: Scott Alan Bly, Esquire P.O. Box 341 Hershey, PA 17033 DATE: 28 May 2003 \S~~t~Q~ Attorney for Defendant ,.. .' JOSEPH P. O'DONNELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 01-161 CIVIL TERM CONNIE EBBY O'DONNELL, Defendant IN DIVORCE PLAINTIFF'S INTERROGATORIES TO DEFENDANT TO: Joseph P. O'Donnell c/o Scott Alan Bly, Esquire P.O. Box 341 Hershey, Pa 17033 PLEASE TAKE NOTICE that you are required, pursuant to Pa. R.C.P. 4005 and 4006, to file the original with the Court and serve a copy on the undersigned, of your Answers to the within Interrogatories within thirty (30) days after service of same. Each Interrogatory shall be answered fully and completely, in writing and under oath. If there is insufficient space to answer an interrogatory, the remainder of the answer shall follow on a supplernental sheet. These Interrogatories shall be continuing in nature. If, at any time subsequent to the filing of your original answers, you or anyone acting on your behalf should learn or be made aware of additional information requested but not contained in your original answers, then you shall promptly file a Supplemental Answer containing the same. DATE: 27 February 2003 s.~ Attorney for Defendant Supreme Court ID # 17225 Post Office Box 168 Lemoyne, PA 17043 (717) 761-5361 ExhibIt ....i- -',~t'lml 'l~. . 'I ~'.'"I~' INSTRUCTIONS AND DEFINITIONS The following Instructions and Definitions form an integral part of these Interrogatories, and the Interrogatories are to be read and answered in accordance with these Instructions and Definitions. I. DOCUMENT The term "document" means any written, printed, typed, or other graphic matter of any kind or nature, however produced or reproduced, whether sent or received or neither, including drafts and copies bearing notations or marks not found on the original, and includes, but is not limited to: (a) All contracts, agreements, representations, warranties, certificates, opinions; (b) All letters or other forms of correspondence or communication, including envelopes, notes, telegrams, cables, telex messages, messages (including reports, notes, notations, and memoranda of or relating to telephone conversations or conferences); (c) All memoranda, reports, financial statements or reports, notes, transcripts, tabulations, studies, analyses, evaluations, projections, work papers, corporate records or copies thereof, lists, comparisons, questionnaires, surveys, charts, graphs, summaries, extracts, statistical records, compilations; (d) All desk calendars, appointment books, diaries; (el All books, articles, press releases, magazines, newspapers, booklets, circulars, bulletins, notices, instructions, manuals; (fl All minutes or transcripts of all meetings; and (g) All photographs, microfilms, phonographs, tapes or other records, punch cards, magnetic tapes, disks, datacells, drums, printouts, and other data compilations from which information can be obtained. II. COMMUNICATION The term "communication" means not only oral communications, representations, or warranties, but also any documents (as such term is defined in Section I above), whether or not such document or the information contained therein was transmitted by its author to any other person. ---^,'-<ll~_, ~ -,-~ .' " III. IDENTIFY; IDENTITY; IDENTIFICATION When used in reference to a natural person, the terms "identify", "identity", or "identification", mean provide the following: (a) Full name; (b) Present or last known business and residence addresses; (c) Present or last known business affiliation; and (d) Present or last known business position (including job functions, duties, and responsibilitiesl. When used with reference to any entity other than a natural person state: (a) Its full name; (b) The address of its principal place of business; (c) The identity of all individuals who acted and/or who authorized another to act on its behalf in connection with the matters referred to; (d) In the case of a corporation, the names of its directors and principal officers; and (e) In the case of an entity other than a corporation, the identities of its partners or principals or all individuals who acted or who authorized another to act on its behalf in connection with the matters referred to. When used in reference to a document, the terms "identify", "identity", or "identification" mean provide the following: (a) The nature of the document (e.g. letter, contract, memorandum) and any other information (i.e. its title, index, or file number) which would facilitate in the identification thereof; (b) Its date of preparation; (c) Its present location and the identity (as defined previously herein) of its present custodian or, if its present location and custodian are not known, a description of its last known disposition; 'C~"'!',""" Ii' - ~~ . , " " (d) Its subject matter and substance or, in lieu thereof, annex a legible copy of the document to the answers of these Interrogatories; (e) The identity (as defined previously herein) of each person who performed any function or had any role in connection thereof (i.e. author, contributor of information, recipient, etc.) or who has any knowledge, thereof together with a description of each'such person's function, role, or knowledge; and (fl If the document has been destroyed or is otherwise no longer in existence or cannot be found, the reason why such document no longer exists, the identity (as defined previously herein) of the people responsible for the document no longer being in existence and of its last custodian. When used in connection with an oral communication, the terms "identify", "identity" or "identification" mean provide the following information: (a) General nature (i.e. conference, telephonic communication, etc.); (b) The time and place of its occurrence; (c) Its subject matter and substance; (d) The identity (as defined previously herein) of each person who performed any function or had any role in connection therewith or who has any knowledge thereof together with a description of each such person's function, role, or knowledge; (e) The identity (as defined previously herein) of each document which refers thereto or which was used, referenced to, or prepared in the course or as a result thereof; and IV. DESCRIBE; DESCRIPTION When used with respect to any act, action, accounting, activity, audit, practice, process, occurrence, occasion, course of conduct, happening, negotiation, relationship, scheme, transaction, instance, incident or event, the terms "describe" or "description" mean provide the following information: (a) Its general nature; (b) The time and place thereof; ;_~_,,_./''Ir,I!llD~ ., - . ~ t " ~.,' " ~ (c) A chronological account setting forth each element thereof, what such element consisted of, and what transpired as part thereof; (d) The identity (as defined previously herein) of each person who performed any function or had any role in connection therewith or who has any knowledge thereof together with a description of each such person's function, role, or knowledge; (e) The identity (as defined previously herein) of each document which refers thereto or which was used, referenced to, or prepared in the course or as a result thereof; and (f) The identity (as defined previously herein) of each oral communication which was a part thereof or referenced thereto. When used in connection with any calculation or computation, the terms "describe" or "description" mean provide the following information: (a) An explanation of its meaning; (b\ An explanation of the manner in which it was derived; (c) The identity (as defined previously herein) of each person who performed any function with respect thereto and a description of his function; (d) The identity of each document (as defined previously herein) which refers thereto or which was used, referenced to, or prepared in the course or as a result thereof; and (e) The identity (as defined previously hereinl of each oral communication which occurred in the course of the preparation thereof or which referred thereto. V. FACTUAL BASIS The term "factual basis" means: (a) Set forth each item of information upon which the allegation, contention, claim, or demand to which it pertains is based; and (bl With respect to each such item of information, identify each person having knowledge thereof and identify and describe (as defined previously herein) each source thereof. .~'~''llIji___,u..,... I-'~. . . ~~.. , VI. RELATES TO; THERETO The terms "relates to", "relating to", or "thereto" when used in connection with any act, action, activity, account, practice, process, occurrence, occasion, course of conduct, contractual provision or document, happening, relationship, scheme, conference, discussion, development, service, instance, incident, event, means used or occurring or referred to in the preparation therefor, or in the course thereof, or as a consequence thereof, or referring thereto. VII. PERSON The term "person" means all natural persons, corporations, partnerships, or other business associations, public authorities, municipal corporations, state governments, local governments, all governmental bodies, and all other legal entities. -''''-'.. d~_ . ,.,.~ "~ ~r'" " INTERROGATORIES 1. Please identify all pension plans, retirement plans, or similar benefits in which you are enrolled or have been enrolled at any time in the past or for which you are due, now or at any time in the future, payments or benefits. For each such entity, please provide the name and address of the administrator of such plan. '''I'-~.r'-' ~.!Il'!lftI'lI!Il "1 rl ~-~, ." .. . 2. Are you now or have you ever been a participant in or beneficiary of the deferred compensation plan offered by the Commonwealth of Pennsylvania? If you have been, please provide the dates during which you were such a participant or beneficiary. :~~,.".., .. I ~ ~-. ~ I , ~~-~, .. . . 3. Please identify what portion of the business Professional Deck Sealing, Inc. you owned as of 31 May 2000 and what portion of that business you currently own. Please provide the names and addresses, and the percentage of ownership, of all other persons owning an interest in such business on both of those dates. ^''''''''f~< _~_ . " , "I ~ 4. Please specifically identify what disbursements or expenditures you made, or were made by you and the Defendant or anyone on your behalf, from the proceeds of the refinancing of the residence at 4193 Nantucket Drive which was done sometime after the date of your marriage and prior to the date of your separation. Please specifically identify all bank accounts from which such disbursement or payments were made. ^"~~~'-~" , --' - ~I II - -~" ~~~~~ . COMMONWEALTH OF PENNSYLVANIA ) ( SS.: ) COUNTY OF Personally appeared before me, the undersigned, a Notary Public in and for the Commonwealth and County aforesaid, deponent, who being duly sworn according to law, deposes and says that the answers contained in the foregoing Interrogatories are true and correct to the best of his knowledge, information and belief. Joseph P. O'Donnell Sworn and subscribed to before me this of day ,2003. Notary Public ," -iIi:~~ ,1 . -1 '"' l' . f' CERTIFICATE OF SERVICE I hereby certify that I served an original and two copies of the foregoing Interrogatories upon counsel for Plaintiff herein by certified mail, postage prepaid, return receipt requested: Scott Alan Bly, Esquire P.O. Box 341 Hershey, Pa 17033 DATE: 27 February 2003 ~ ' \411 .It-ku.//) Il I0 Amy M. larklns Secretary for Samuel L. Andes '~;'~~--,--- ", -, , , ., ~~ . " . " " '. . JOSEPH P. O'DONNELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW CONNIE EBBY O'DONNELL, Defendant NO. 01-161 CIVIL TERM IN DIVORCE REQUEST FOR PRODUCTION OF DOCUMENTS AND THINGS TO: Joseph P. O'Donnell c/o Scott Alan Bly, Esquire P.O. Box 341 Hershey, Pa 17033 You are requested, in accordance with Pa. R.C.P. 4009, to deliver to the office of the undersigned at 525 North 12th Street, Lemoyne, Pennsylvania, or otherwise make arrangements reasonably satisfactory to the undersigned, for his inspection or examination, copies of the following documents, articles, and things, within twenty (20) days of the date of this Request. For purposes of this Request, all computer records and information available on computer records or within computer programs, should be included within the Request for Production. That is, this Request is not limited to documents or "hard copies" of records, but should include computer records, tapes, disks, and other media as well as paper documents. 1. Copies of statements of benefits for the years 1999, 2000, 2001, and 2002 for your benefits within the State Employees Retirement System or any other pension or retirement benefit you have at this time or in which you had an interest in June of 2000. 2. Copies of statements showing the balance in the deferred compensation account, or any similar tax-deferred benefit you have as a result of your employment showing the balance in or value of such account as of 30 June 2000 and as of the most recent date available. ,'i,~iI!l;1II l\~~ ~'}-~ " ~ ., ._-~ 11II- , . " . . , .. . . 3. Copies of federal and state income tax returns for Professional Deck Sealing, Inc. for 2001 and 2002. 4. A copy of your federal and state income tax return for 2002 when they are filed and, if they have not yet been filed, copies of W-2 Statements, 1099 Statements, K-1 Schedules, and all other documents you have which reflect income you received in tax year 2002. 5. Copies of your last four paycheck stubs. 6. All documents in your possession reflecting any retirement benefits you have with US Air or any similar entity for which you worked in the past. 7. Copies of statements showing the balance in or value of any other bank, credit union, mutual fund, or other financial account held for you or by you as of 31 December 2002. c ~--~~ Sam L. Andes Attorney for Defendant Supreme Court ID 17225 525 North 12th Street Lemoyne, PA 17043 (717) 761-5361 ;'!"'~>,~ro_,_""",_' ~ ~, " - ~-"' (~ . " . .. . . , . CERTIFICATE OF SERVICE I hereby certify that I served an original of the foregoing Request for Production of Documents and Things upon counsel for the Plaintiff herein by regular mail, postage prepaid, addressed as follows: Scott Alan Bly, Esquire P,O. Box 341 Hershey, Pa 17033 Date: 27 February 2003 ~ \JnWiru.t1n&lL Amy M. arkins Secretary for Samuel L, Andes "'"""'1~"'~"- ~~ ;j)- . . , .. ~ , "-'''-''-, ~ ."""~",,,,*~j--,~ ,,-, .'-<P.' "Ill . . c" ,.\",", . ,c'...;.'" -;Ow" .'.", '.,,",;;,-'~'{o"-," "'F~":' h_' '''''4-I"fT,('~-' /:',"V-""''''''I''','E~"r''n'j l~ttrh 'if'" ~'( , . . 0 Cl 0 C W .'r: s__ L- ~-l IJ tT: ,".-' n: " n ::z;;::: "Jl M''''''' ~::~ ~~- .----:; 0, ("',,~ , ~~'=':; - "J>- ---i Z~".:~ cS )>c: '" !-n '-'-,.r -,r ~ :.,.) -.J =_~"",""",."'-~!'!I""1Wllv.;_"'fP:,,,,F''''''''''''~''';''.-!'''~:'~'"!''''''~I!i>'~t<;~~il:j!iw.1iil!iWWJlWl;I~m~lIl' _~ "~;3} Jif DR 30798 PACSES ID 723103605 JOSEPH P. O'DONNELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW DOMESTIC RELATIONS SECTION CONNIE EBBY O'DONNELL, Defendant NO. 01-161 CIVIL TERM DEFENDANT'S PETITION TO MODIFY ORDER FOR ALIMONY PENDENTE LITE AND NOW comes the above-named Defendant, by her attorney, Samuel LAndes, and petitions the court to modify its order of alimony pendente lite, dated 5 October 2001, based upon the following: 1. The Petitioner herein is the Defendant. The Respondent herein is the Plaintiff. 2. On 5 October 2001 this court, upon the agreement of the parties, entered an order which requires the Plaintiff to pay the Defendant alimony pendente lite. A copy of that order is attached hereto and marked as Exhibit A. 3. Since the entry of that order, the financial circumstances between the parties have changed significantly. Specifically, Plaintiff without prior notice, has terminated the medical insurance coverage on Defendant provided by Plaintiff's employer. That change will require Defendant to obtain her own insurance coverage, at a significant additional expense. In addition, Defendant believes that Plaintiff's income has increased significantly since the order was entered. 4. Based upon the change in circumstances, Defendant requests that the order for alimony pendente lite be reviewed, modified, and increased and be further modified to include a provision requiring Plaintiff to maintain health insurance on Defendant during the existence of this order. WHEREFORlE, Defendant prays this court to amend and modify the order of alimony pendente lite consistent with this petition. Sa uel L. A s Attorney for Defendant Supreme Court ID 17225 525 North 12th Street Lemoyne, PA 17043 (717) 761-5361 VERIFICATION I verify that the statements made in this Petition are true and correct. I understand that any false statements in this Petition are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: fp/f91jtJ3 3uAd~' ~ (!)~~ CONNIE EBBY O'DONNe CERTIFICATE OF SERVICE I hereby certify that I served an original of the foregoing Petition upon counsel for the Plaintiff herein by regular mail, postage prepaid, addressed as follows: Scott Alan Bly, Esquire 42 East Main Street Mechanicsburg, PA 17055 Date: 27 June 2003 fun.u \fu.\k\<\ili nJ.0 Amy M~arkins Secretary for Samuel L. Andes - .- ,'",~- ,- , DR 30798 PACSES In 723103605 vs. IN THE COURT Of COMMON PLEAS CUMBERLAND COUNI'Y, PENNSYLVANIA DOMESTIC RELATIONS SECTION : CIVIL ACTION - LAW JOSEPH P. O'DONNELL, Plaintiff/Respondent CONNIE EBBY O'DONNELL, Defendant/Petitioner : NO. 01-161 CIVIL TERM ORDER OF COURT AND NOW, this 5th day of October, 2001, based upon the Court's determination that Petitioner's monthly net income/earning capacity is $N/A and Respondent's montWy net income/earning capacity is $N/ A, it is hereby Ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit, $400.00 per month payable monthly as follows; $400.00 per month for alimony pendente lite and $0.00 on arrears. First payment due on or before the loth day of each month. Arrears set at $400.00 as of October 4,2001. The effective date of the order is October 1,2001. This order is based upon an agreement of the parties. 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: Connie O'Donnell. Payments must be made by check or money order. All checks and money orders must be made payable to PA SCDU and mailed to: PASCDU P.O. Box 69110 Harrisburg, PAl 7 I 06-911 0 Payments must include the defendant's PACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. -"""'''T''''''''''''''-1lIII'l - 1-. '"I ~~ Respondent to provide medical insurance coverage. 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 Mailed copies on /{i~/O.O/ to: < BY THE COURT, Petitioner Respondent Samuel Andes, Esquire Scott Bly, Esquire 1. "''''''f''"'''''''-~~~''' 1 ' ~ ~ " AGREEMENT THIS AGREEMENT is made this!.~ day of September 200 I, between: JOSEPH P. O'DONNELL (hereinafter "Husband"); and c CONNIE E. O'DONNELL (hereinafter "Wife"), WHEREAS, the parties hereby agree that Husband shall pay to Wife, through the Domestic Relations Oftice of Cumberland County and pursuant to an attachment of his wages from the Commonwealth of Pennsylvania to be administered through that office, the sum of $400.00 per month, effective on the first day of. GOcJGH 2001. The parties agree that the said Domestic Relations Office shall enter such order pursuant to this agreement requiring those payments and further agree that such order shall remain in full force and effect until either of the pariies requests that the order be modi tied or amended, or until the parties are divorced from the bonds of matrimony, In addition, Husband shall pay to Wife, through the Domestic Relations Oflice, the amount of $ -0 '.- ..... per month on any arrearages owed on the order after giving Husband credit in the amount of$400,00 for a payment he made directly to Wife in late August of 200 1. IN WITNESS WHEREOF the parties have set their hands and seals to this Agreement the day and year tirst above written. ~ i\k!r_6\ Witness 4 .-o~_ w~ J seph P O'Donnell r?~ o~ce Connie E O'Donnell /~"""r-.. I ~ 1" . , .. ~'"._.." n~__ .=~ .~-~~~<,=~~-~.T!:rrl!n:'IIlJ! "~--. ~';,",-,~'.' M,-~i,"" 0..'".-. ",;". "":' 'titJiijj' 'rhil' "(;"k'.'(-'fd~i~6~'ff>t7iIJf::lii,;,oiffM;I.~': ~i);~-;' Y:":C 4f' r;, ~ ---..:::- r -1- +- o o ~ ," (') 0 0 C W ,'OJ ~ ::.:.' -00.' c:= rl'1r,' z '" -n Z:J,' r- Z " c,j m Uj J;;. 0 ~~J'Q --, , 2': c :;:~ ~::jQ "- ;r>, C ....:1~ ~~~ ~15 L c:: >- c \.0 cSrn Z -4 ::> )> =< ;:,3 00 -< "" Jill! r;'lf !l;.lff.llp,~~~"lfii:;",",-"""",~!,,!,,~,.,%",'}\"~"'H;~", ';"~-"''''''ll1''O;''''''''''!!!W'f''!!''"''''"~~''''~%-h'~''1'ml'-lW\\~~~1 JOSEPH P. O'DONNELL, Plaintiffi'Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE CONNIE E. O'DONNELL, Defendant/Petitioner NO. 2001-161 CIVIL TERM IN DIVORCE Pacses# 7231036t>5"" ORDER OF COURT AND NOW, this 10th day of July, 2003, 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 Au,,"st 8.1003 atlO:30 A.M. for a conference, at 13 N. Hanover St., Carlisle, P A 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 ofyaur mast recent Federal Income Tax Return, including W.2's as filed (2) your pay stubs far the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11@ (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required docmnents, the Court may issue a warrant for your arrest. BY THE COURT, George E. Hoffer, President Judge Mail copies on 7-10-03 to: Petitioner < Respondent Samuel Andes, Esquire K ..f!!!::~~ Date of Order: Julv 10. 2003 R. J. YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY A VB. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 CC361 of! I G _WI J1 ':"'lI!!h - ~. ~~~ , _~ ~~!I!lll;~nil~;*--_~~ "-'-'" >"<.-. -'" "~,,,,,' i..', 'ii,,,,/-' ~"[((,&O(t.l ~ '~'tmJ'" -'kifjilJt~_ 'Lfft:"k'dffi ':1[ n- <'(~" () C .,.. >. -0'-" .-rl t1~' (U.',' z::r_; Z'- (/J\ -/...~:: c;'.c zc be :p,~' -;;' ::::) -', o 0-1 o -n - ,- ~ .-; (;::' 'l:C-:::: ;~;~? '<~~~.), :iA~~ '::::.i '> '::0 -'C ."'" ,~",~ ,..::.'. :::> ()l r=o,.,."", -,~~~f'i~~_;;0>!C'~''''''''' -;'''n'''_"''''F'_''''C''fi''F0r''''r_''l1'F,:,~''"""",''',W~1J''''~'Wjg""?!!;'ODlf"'m:<"j'IDl!f8~~ ," ~ll'!"!!IWd . In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION CONNIE E. O'DONNELL ) Docket Number 01-161 CIVIL Plaintiff ) va. ) PACSES Case Number 723103605 JOSEPH P. O'DONNELL ) Defendant ) Other State ID Number ORDER OF COURT. APPEAR AT A MODIFICATION CONFERENCE o Initial Conference @ Rescheduled Conference You, JOSEPH P. O'DONNELL , Respondent have been sued in Court to modify an existing support order. You, 13 NORTH HANOVER STREET, CARLISLE, PA. 17013 ,..., ~ Respondent, and Y ou, '2:'~ B ':'1::.0..." ~ :::0>_ ~ Petitioner, are ordered to {~in ~on ",_ .P :'_,,(,)0 ;;;':;:0;;', -0 n~"2i '27<" ~~\~ <.~.... - U1 r:;> tJ' co JOSEPH P. O'DONNELL CONNIE E. O'DONNELL at CUMBERLAND CO DRS on the 28TH DAY OF AUGUST, 2003 at 10: 30AM for a conference and remain until dismissed by the Court. If the Petitioner of this action fails to appear as provided in this Order, this petition may be dismissed. If the Respondent of this action fails to appear as provided in this Order, an Order for Modification may be entered against the Respondent. You are further required to bring to the conference: I. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income and Expense Statement attached to this order as required by Rule 1910.11 ( c). 4. verification of child care expenses, and 5. proof of medical coverage which you may have, or may have available to you, Service Type M Form OM-503 Worker ID 21205 ~'1 1. ,-= .,....,......,.,. ",- ." :7 O'DONNELL V. O'DONNELL PACSES Case Number: 723103605 THE APPROPRIATE COURT OFFICER MAY MODIFY OR TERMINATE THE EXISTING ORDER IN ANY MANNER BASED UPON THE EVIDENCE PRESENTED. If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest or enter an order in your absence. If paternity is an issue, the court may enter an order establishing paternity. An appropriate order may be entered against either party based upon the evidence presented without regard to which party initiated the support action. BY THE COURT: Date of Order: --.JUL 2 4 2003. JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATIEND 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 co BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 240-6225. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the schedul1 confer:nce. C ~ . . K~;~tl~)7~ Service Type M Page 2 of 2 Form OM-503 Worker ID 21205 <"~'"""~, ,~o~, _ , - ,._~, ., I" -1- ~ , ~ W!hllJ~"~"~",_,____ ~ 04' "N~'~' '""'-.~ ~''''~''-)I .~, :,...,' ',1""- ~ 0 0 G C w -n So , -,", "'00: <= iT :TI S2rc' r T1~ ~" w ?~e3 zc (/) .d::':'~ C) -<:...:- ':)c:, ~c_: "T.> --.1:0; ~c ~~ :~~ C' 5>"" Cf! ~ S:::;;. ".~ <L (}l ~ -; ~ -c 0:> -< t",~ _~""'!!II'lfIIlII!!~~~_""""'~~'I-'=,""",~I[Jfm.-,,,ll;"Wim,,,g"'E'''''''j',!f''~_''''_''''i']''"""")l""'ffi~~3'l'\'J\I~'_'1I1"'1i!W!lI!!"',"'m'1~'llII\'lrmwm!i!l'!l""" ,) Jul-24-03 04:59P Irwin Law Office 717+243+9200 P.02 NA'fHAKC. WOLI',ElIQUIRE ATJOIlI!IIl'l' III NO. 87380 PJI..,T 1I10H,.TUIlT eA1ILl.~'.I!'H7013 17tT}~ ATTO....EY,FOR DEFENDA"" .JOSEPH P. O'DONNELL, I IN THE COURTIilF COMMON PLEAS OF Plaintiff I CUMBERLAND"eOUNTY, PENNSYLVANIA va. I CIVIL ACTION. LAW CONNIE E. O'DONNELL, I 2001-1111 CIVIL TERM Defendant I IN DIVORCE PRAECIPE FOR WITHDRAW AND ENTRY OF APPEARANCE OF COUNSEL OF RECORD TO THE PROTHONOTARY: Please withdraw the appearance of SCOTT A. BL Y, ESQUIRE. as attomey of record for the defendant in this matter. July dk, 2003 """ ~'co\{ ~~ g~ SCOTT A. BL Y, ESQUIR P.O. Box 341 Hershey, PA 17033 717-533-8315 Please enter the appearance of NATHAN C. WOLF, ESQUIRE. as attorney for the defendant in this matter. N C. WOLF, ESQUIRE _ ast High Street , Carlisle, PA 17013 717-243.6090 SUPREME COURT ID #87380 JUlY!. 2003 cc: Samuel L. Andes. Esquire -' ,', ., ~ ._-."" ,."..",,",',:.. ""'>>.". ~ '"'~ ",,',''';''.'>, _, h,~ ~.~.. _~,';'--"",.~ ':'~'~,..~ .''- ,x" '_'. ~.,,"'P' .~_..."',<""~'"".'~'-' _.-c'",-=",,"~_~_r 'fJ""'-T~,~ 0 "" c, . , . - ,.,,~.... }I' '_I '0" . III - "" ~~ ~ ~~ IlIllll!IIf''ili N' :.,,", ,'- """-Y'fj''''lii":t 'rlt,i,~ "". -n- _'W_ -j~' -"YY;i'jjlf."~t~f-~-~~~:'(ti \r;'~~'o" ~~;~+ ;J (") 0 C) C W ., :;:::: -00:-' - (TJrT' - Z:r. zr C0 (1)];:': -<",~'. "',() ~C,. ,;-r; '.::; -,., ~n >~~~ C' )>c': ~ :=:i Z W :-;;;-'" :;l :J:J CP -< :~"- ~ "'" ,~ Hl:JIIII_,""""",,~ ~ ~_~liil1;~,!,re\~':;fW;;l!i'.-"!:'WJ'W&i'"''';t'''I''''jMIT;~!'',:W:!l'~","@!Il!1!!!ili'~~ii1~--l~~:ID,,_ , _I''\: '. . JOSEPH P. O'DONNELL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 01-161 CIVIL TERM CONNIE EBBY O'DONNELL, Defendant CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO WITHDRAW I, Scott Alan Bly, Esquire, file this Praecipe to Withdraw as counsel for the Plaintiff in the above-captioned matter. \~\ ~ \'J) . \ Date: Respectfully submitted, \'\~ ~\~~ i\ Scott Alan Bly ~ Attorney for Defendant I.D. #71887 P.O. Box 341 Hershey, PA 17033 (717) 533-8315 "i,.,'-~ - ., , I -,. " - '.,' " ill .. -~. # ~, ~ . -, ~'-'" ~",.""" _~, ...,c "-,,,~, ~. ,-c,- . ,-~-, -, <.- ~',' (["1'1 "':""'n'('~j(j'd';;:"'-'{'-'ii"-. t~;:t",~:f!::-';:;-]"rr' '_~" . (") "" = 0 ,- = .1 ~ '-'" ',) Vi; CJ ~ [;} fI'} m::D co , /: "" -c,m C] (".f"'i :;"-'Y 00 >- c: ~-r; ~;- -;~ - ( - o:D :'--, 7(") .)> -,-" (5n1 C ~) Z --i );:>- -, 0 IJ -< <:.oJ -< ~"..",.,~lj!j!_~~'~~~Jil\OiWIt','*~m:m>rni~~!~~lll!~~~ ~ ,l". ^ ,T' In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION CONNIE E. O'DONNELL ) Docket Number 01-161 CIVIL Plaintiff ) VS. ) PACSES Case Number 723103605 JOSEPH P. O'DONNELL ) Defendant ) Other State ID Number ORDER AND NOW, to wit on this 28TH DAY OF AUGUST, 2003 IT IS HEREBY ORDERED that the 0 Complaint for Support or G9 Petition to Modify or 0 Other filed on JULY 02, 2003 in the above captioned matter is dismissed without prejudice due to: THE PLAINTIFF WITHDRAWING HER PETITION FOR MODIFICATION. o The Complaint or Petition may be reinstated upon written application of the plaintiff petitioner. BY THE COURT: RJ Shadday xc plaintiff defendant Nathan Wolf, Esquire Sarruel Andes, Esquire "u,~:~iL~~ 9-.3 4/3 JUDGE Service Type M Form OE-506 Worker ID 21005 ~'~,-,. , ~ ,.;~, ',}' ~ , ~ '0_ ~ ~ ~~~"""""'!Wfj"l!!.,, ~.~~. ",!1"m""'II!l!lI'!I_t1!l-,...~~ "0 ^, '."'..".~ ",;."" '- ,,;..,;' . "'r:![~"-'-'W ~"'" <"'i:' Yl'f:'f'''''ft~,'1~~'f o'c.~.;\;<"\ti'i61liY~ln>;;'\:n ',. ;;,': '~i~ j~?~; () c s: -Cf-O:,: ~"., ~~. e,.-. Zz.-' Pc: "7 =;J -, o w V> p-, '.0 I .r;'" o " "" r~ .,,~l F!:i '" :J:: -~:f ~> .,,:,;+j .~~~ ::0 -< ::::> .~,~-, ~ M~!IIl~"o\tl...'~",_;".,. ~ ~.~""1T1~'-f,T,o;!P'''-I''''''~i(h'iiW~$!;''C'''''!Vr:,E'''",,";!',WFf,'~;Wi111>~'W",'!!jl~li!~!i,'I'!;~!1,",#E<fJ~lIm!~!1l!'JJIR] n". 0" J BRADLEY S. WHISTLER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, .PENNSYLVANIA Vs. NO~ 00 - 4655 CIVIL KRISTINA M. WHISTLER, Defendant IN DIVORCE ORDER OF COURT AND NOW, this 1{)/4-- day of ~bU, 2003, the parties having previously been divorced by decree entered May 19, 2003, and the parties and counsel having entered into agreements and stipulations resolving the economic issues on July 10, 2003, and September 9, 2003, the agreements and stipulations having been transcribed and subsequently signed by the parties and counsel, the appointment of the Master is vacated. BY THE COURT, G'~J Cc: Lisa M. Greason Attorney for Plaintiff Andrew C. Sheely Attorney for Defendant "~r"ff"."""\1fI'<;l,!",~_,,",,"~~I~~~ ...,~_ ~, .~ ,.. P'.' ,~". ~_" ',"' ._~, ~ ~ ^~, ,~,. ,~__,",,~, "'_"'~"'~'1'<<"1~'''7., ",~ ,1"''''''''''~'- J ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of pennsylvania Co.lCity/Dist. of CUMBERLAND Date of Order/Notice 12/21/04 Case Number (See Addendum for case summary) o Original Order/Notice @ Amended Order/Notice o Terminate Order/Notice COMMONWEALTH OF PA C/O PAYROLL OPERATIONS ATTACHMENTS RESEARCH UNIT PO BOX 8006 HARRISBURG PA 17105-8006 .M/--; JjJ~/-/~1 ~{I'IL 1/ff5&S 1).!>/03(POS' RE: 0' DONNELL, JOSEPH P. Employee/Obligor's Name (last, First, MI) 484-58-2407 Employee/Obligor's Social Security Number S697000033 EmployeeJObligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (last, First, MI) EmployerJWithholder's Federal E1N Number 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. $ 400.00 per month in current support $ 0.00 per month in past-due support Arrears 12 weeks or greater? Oyes 0 no $ 0.00 per month in current and past-due medical support $ 0 . 00 per month for genetic test costs $ per month in other (specify) for a total of $ 400.00 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: $ 92.31 per weekly pay period. $ 184.62 per biweekly pay period (every two weeks). $ 200.00 per semimonthly pay period (twice a month). $ 400.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's! obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 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 SCOU Send check to: Pennsylvania SCOU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PA YMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. Date of Order: DEe 2 2 2e3~ t;; Form EN-028 Worker ID $IATT Service Type M OMBNo.:097Q.0154 1'!"'" 'r ( ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS o If ~hecked you are required to prpvide a copy olthis form to your. employee. If YOVr employee works in.a state that is ditterent from the state that issued this order, a copy must be provIded to your employee even If the box IS not checked. 1. Priority: Withholding under this OrderlNotice has priority over any other legal process under Stale law against the same income: Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies In effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to ~ach agency requesting withholding. You must. however, separately identify the portion of the single payment that is attributable to each ~mployee/obligor. 3,* RctJO,ti'15 ~IC r oydabdDdt.\:: ufVJ;llllloIJ;"g. Yvu IlIu;:jll~tJVll tile tJayJate!date of n;U,IIOldiI15 yyllell be"J;"g tl,'l;; pAYlllelll. Tilt:: paydotefdatt: of vv:LI.I,Vld;"g is lite date 011 VVll;\...I. dlllUUllt VVd.;) vvitl.ln:;;ld {'VIII tile ellltJloyee'$ VVCl&es, 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. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 2321722990 EMPLOYEE'S/OBLlGOR'S NAME: 0' DONNELL, JOSEPH P. EMPLOYEE'S CASE IDENTIFIER: 5697000033 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligorfrom employment, refusing to employ, ortaking 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)l; or 2) the amounts allowed by the State 01 the empioyee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly eamings (ADWE). ADWE is the net income left after making mandatory deductions, such as: State, Federal, local taxes; Social Security taxesi and Medicare taxes. for tribal orders, you may not withhold more than the amounts allowed under the law of the issuing tribe. For tribal employers who receive a state order, you may not withhold more than the amounts allowed under the law of the state that issued the order. 10. Additional Info: 'NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11.Submitted By: If you or your employee/obligor have any questions, DOMESTIC RELATIONS SECTION contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST by telephone at (717) 240-6225 or P.O. BOX 320 by FAX at (717) 240-624R or CARLISLE PA 17013 by internet www.childsupport.state.pa.us Page 2 of 2 Form EN-Ol8 Worker ID $IATT Service Type M OMS No,: 0970-0154 ~, ~- ,~ . . .. ADDENDUM Summary of Cases on Attachment Defendant/Obligor: 0' DONNELL, JOSEPH P. PACSES Case Number 723103605 Plaintiff Name CONNIE E. O'DONNELL Docket Attachment Amount 01-161 CIVIL $ 400.00 Child(ren)'s Name(s): DOB .tjl~.~~~~~~~;;~~..:~..;~~:i;~~;~~~;~II;~~~~;:~)~~;{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 .. ". ".'. .... .,",.,:.,.:,' ,:"::":,,':::,::,",,,::,,,;,,::"':::"::':":'::':'::':,:::",\::::.,:,:,::=:::,':::,:),:::::/,:: ::::::(:::::\::::::":::::\\,:::::::}(\:i:;'}::} 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 t5Jj~~~~~~~:~~~i~;~;:~~.i;:~;~~~~:;;~~~~;,~;;:;ri identified above in any health insurance coverage available through the employee'sJobligor's employment. Service Type M OMB No.: 0970-0154 '~~I' ~-"- " ~1- .., PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB tjli~~:~~~~;;~~~~;;~~i;::~:~;~;I;~:~~ild~;:~)(t.....i.. identified above in any health insurance coverage available through the employee's/ob/igor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB d:~~~:~t:~,~~~~;:;;~~i;;~:~:~;;ll:~;~~;ld);:~;{} 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): OOB :,::.::'::::':::':X::.::::,::::.::.;:.::,::::::':::::":'::::=<./:::\}.:::':.::'...... .tj.li~,,;;k~,;~~~;;,;~~i~;~;~;~i1;;;~~hj'cJ(;;,~; ......................... identified above in any health insurance coverage available through the employee'sJobligor's employment. Addendum Form EN-028 Worker /D $IATT , III -~, , --.., ~-~~ ~,"I:,~.._~ .~,' ';",'';'^' '-~' '~."'~."""'M~""-""'_~' - "iidt"'illll~'''f'"if\''',.!;:f.'<:jft 'r-k' . ... (") ~ c:: f;? -v$:: ..,.. ....'. n-rrH g 5:' .2:T' Zr.=.' ("') nl.:JJ S9~:, '" r- ~c:- co lJl!3 O' ~c' ~ ",,0 """~f' <';ci Q:ri 5>c - ...~ .2: ~~ oi1;{ :::.:! ~I '" 35 co -'" -'-' ct'f: r1e ,I!II!~.~__,", ~~..~,~"",""''''''-'~'''lf!I!,i'?';-<'1'''wrr~(*"o,\~,~j)W1<*"l\OI~~~l~~'''JlII!IJ!l!IIII!Ilh; ~~",",,~5 ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsvlvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 07/30/04 Tribunal/Case Number (See Addendum for case summary) o Original Order/Notice @ Amended Order/Notice o Terminate OrderlNotice COMMONWEALTH OF PA C/O PAYROLL OPERATIONS ATTACHMENTS RESEARCH UNIT PO BOX 8006 HARRISBURG PA 17105-8006 ])}I ~/-I(ple{/ j)1l-t:./E" 7)"!2.lo3{p RE: O'DONNELL, JOSEPH P. Employee/Obligor's Name (last, First, Ml) 484-58-2407 Employee/Obligor's Social Security Number 5697000033 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachmenV Custodial Parent's Name (Last. First, MI) EmployerM'ithholder's Federal EIN Number See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 400.00 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 $ 400.00 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: $ 92 . 31 per weekly pay period. $ 184.62 per biweekly pay period (every two weeks). $ 200.00 per semimonthly pay period (twice a month). $ 400.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's! obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #10 on pg. 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PA YMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER 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. r>~~. v" E ,:C' ,/~_ THE COURT: AUG- 2 2004 -3-() Date of Order: . C:::V.lJu; Form EN-028 Worker ID $IATT Service Type M OMBNo.:097Q-015 'iJ;;:~~~ "I "' " ..- ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS o If ~hecked you are required to provide a copy of this form to your. employee. If your empioyeefworkbs in.. statehthat iSd different from the state that issuoo this order, a copy must be provIded to your employee even, the ox IS not c ecke . 1. We appreciate the voluntary compliance of Federally recognized Indian tribes, tribally-owned businesses, and Indian-owned businesses located on a reselVation that choose to withhold in accordance with this notice. 2. 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. 3. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each empioyee/obligor. 4. * Repo, t;[lg the Payddt-elDatt: of 'Nitl.l.oldihg. '.'OUH1U5t lepolt tile payddtc/e1ate of vv;tl,Lold;l,g vvllel, sehclil,g tLe paymel,t. Tile pa,dale/daie of "itl,h"ldilog;' II,e daoo 011 "I,id, ",,"Ulot ,,", "itl,l,eld Me"" t1,e el"pl",,,'" "age,. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 5. * Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/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'sJobligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #10 below) 6. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. WITHHOLDER'S ID: 2321722990 EMPLOYEE'S/OBLlGOR'S NAME: EMPLOYEE'S CASE IDENTIFIER: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: O'DONNELL. JOSEPH P. 5697000033 DATE OF SEPARATION: 7. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 8. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 10.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (1 5 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 ~ecurity taxes; and Medicare taxes. 11. Additional Info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. Submitted By: If you or your employee/obligor have any questions, DOMESTIC RELATIONS SECTION contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST by telephone at (717) 240-6225 or P.O. BOX 320 by FAX at (7171 240-6248 or CARLISLE PA 17013 by internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Worker 10 $IATT Service Type M OMS No.: 0970-0154 '~,stSf~~llU-,~llrl.~ ~~"" -" , FI - . . . ADDENDUM Summary of Cases on Attachment Defendant/Obligor: 0' DONNELL, JOSEPH P. PACSES Case Number 723103605 Plaintiff Name CONNIE E. O'DONNELL Docket Attachment Amount 01-161 CIVIL $ 400.00 Child(ren)'s Name(s): DOB ... ..... " ....:..,..,...'....:.. .... "... ... . .... . ,..... .. o Ii ~hecked,You are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's1obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB !' " ii' :1 o If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's1obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB .. ...... .... . .... ... .. .: '"'.'::" :..;;. ", ............ .. Offchecked, you are required to enroll the child(ren)" identified above in any health insurance coverage available through the employee's/obligor's employment. Addendum Service Type M OMB No.: 0970-0154 '~- , , 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's1obligor'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 "N'. '. . 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 $IATT ~,=~ - ~ >.<"'0"";' ",';',.., ~~ ~ . - ~~". .~ .- . ~'O ",.""' ,,'>'.".' %, ",'.;,. ''jf'"~ Co"' 0;_""'-' rr',J""--13H~if'~Fi:J'i'i::)-~~d;,::,"~~ij:""'-liTIft':'t1~~'i;:' n'i~~~?hJ{im~ . ~"" . ,...., (,) () = c,o -n C .r" ..... ~;~.I P" :.t:-n c: ri1C r; en -::JI11- I -oy <.J1 t:>u ~:t :t\ -:; C)~""~ "~"," _.-<;:.-( ) -" .'.'fT1 t~: 0 (~? ,-< :F" .y ~ ::0 "" '-'... U) " ~_,_~~""_'W"",,~..~.~lill~~'l'iI>I~"~~""'''~!t~in'1''!!W!;'~l~~~''fif0'''''''!l'llffl<llll;.''!\l'l!:'1l~!W'1'lIl!I"l!iI!~~!Ij;I1:-!1'l'!"I~~'P!I!~,'lI:!!'l'f!k' -.,-~ ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT , ( State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 09/10/04 Tribunal/Case Number (See Addendum for case summary) o Original Order/Notice @ Amended Order/Notice o Terminate Order/Notice COMMONWEALTH OF PA C/O PAYROLL OPERATIONS ATTACHMENTS RESEARCH UNIT PO BOX 8006 HARRISBURG PA 17105-8006 1~} )"U5 (t;~ ill ~I ,i ",,\ JOSEPH P. Employee/Obligor's Name (Last, First, MIl 484"58"2407 Employee/Obligor's Social Security Number 5691.000033 Employee/Obligor's Ca~e Identifier (See Adrkndum for plaintiff names associated with cases on attachment) Custodial' Parent's Name' (Last, First, Ml) EmployerM'ithholder's Federal EIN Number RE: 0' DONNELL, See Addendum fordependimt names and birth datesassdciii:ted MthCi1$eSon 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. $ 400.00 per month in current support $ 200.00 per month in past-due support $ 0 . 00 per month in medical support $ 0 . 00 per month for genetic test costs $ per month in other (specify) for a tot<11 of $ .600 ,00 per month to \Ie forwardeli to p<1yee 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: $ 138.46 per weekly pay period. $ 276.92 per biweekly pay period (every two weeks). $ 300.00 per semimonthly pay period (twice a month). $ 600.00 per monthly pay period. REMITTANCE INFORMATION: You mlJst 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 governingthe work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exce~d 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #10 on pg. 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Arrears 12 weeks or greater? Oyes <19 no "2'1~,~,:'::"J~:7 'i'~3~J f' ,--::'j~\. ~ilt'-'~Al(:':~,':"", t.:l f/,l'''' :'~,Y:).) ~',cT5":flf'~'~' ....... ~_." Make Remittance Payable to: PA SCOU Send check to: Pennsylvania SCOU, P.O, Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PA YMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. Servi ce Type M OMB No,: 0970{)1 4 Form EN-028 Worker 10 $IATT Date of Order: DRO: R.J. SHADDAY ~. 13. ,~ " ~1lI!9" .,'^'~ ~.., .. - ~ . ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS [J If ~hecked you are required to prpvide a copy of this form to your employee. If your employe~fwhorkbs in.a state hthat is ditterent from the state that issued this order, a copy must be provided to your employee even I t e ox IS not c ecked. 1. We appreciate the voluntary compliance of Federally recognized Indian tribes, tribally-owned businesses, and Indian-owned businesses located on a reselVation that choose to withhold in accordance with this notice. 2. 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 Older have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 3. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 4. * Repolti. ,g tn. Pardate/Dare of W;U ,I ,oldil ,g. You n ,u;lleport t""paydale/date of ,,;t1 ,1,,,lding "I ,en sendi"g Ih. payment. TI,e pardateldal" of "anl,oldi"g;s II,,, date "n "I,kn a",ounl "a' "ill,I,,,lo fro.o II,,, ","ploy",,', "age'. You musl comply with the /awofthe 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. S. * Employee/Obligor with ~!Iltiple S!lpport Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor '!nd you are unable tp honor all support Order/Noticesdueto Federal.orStatewithholdinglimils,you must follow the law of the stateofempfoyee's/obllgor's principafplace of employment. You must honor allOrders/Noticestothe greaiest extent possible. (See #10 below) 6. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the informalion requested and return a copy ofthis Order/Notice to the Agency identified below. WITHHOLDER'S ID: 2~21722990 EMPLOYEE'S/OBLlGOR'S NAME: EMPLOYEE'S CASE IDENTIFIER: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: O'DONNELL, JOSEPH P. 5697000033 DATE OF SEPARATION: 7. Lump Sum Payments:. You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authorily'below. . 8. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9. Anti-discrimination: You are subject to a fine detennined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 10.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 u.s.c. 91673 (b)l; or 2lthe 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. 11. Additional Info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. Submitted By: If you or your employee/obligor have any questions, DOMESTIC RELATIONS SECTION contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST by telephone at (717) 240-6225 or P.O. BOX 320 by FAX at (717) 240-6248 . or CARLISLE PA 17013 by internet www.childsupport.state.pa.us Page 2 of 2 Form E N-028 Worker ID $IATT Servi ce Type M QMB No.: 0970-0154 ~"'~~-~ , ~ ,"" -" , ADDENDUM Summary of Cases on Attachment Defendant/Obligor: 0' DONNELL, JOSEPH P. ~ PACSES Case Number 723103605 Plaintiff Name CONNIE E. O'DONNELL Docket Attachment Amount 01=161CIVIL $ 600.00 Childrren)'s Name(s): DOB ..... . tN checked, you are required to enroll, the childrren) iderltified 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 Olfchecked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee'sfobllgor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Childrren)'s Name(s): DOB dlf~~~~~~:~~~:re required to enroll the childrren) Identified above In any health insurance coverage available through the employee'sfobligor's employment. Addendum Servi ce Type M OMB No.: 0970.0154 ~~4! [I PACSES Case Number Plairltiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB dli~h~~I<~d, y~~~;";';~~I;~cl~~~~r~li ;li~~l1ild(;~~). .... identified above in any health insurance coverage available through the employee'sfobligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Childrren)'s Namers): DOB o 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 Bli~hecked, you are reqUire~;~ enroll the~hild(ren) identified above in any health insurance coverage available through the employee'sfobligor's employment. Form EN-028 Worker ID $IATT ~~~ - '" (/7 \ ~1 I"~". .' ,. .m .~" .-~.- :::~ !'-j 1"'" !CC~' f'-', " _~!!!Ii,,;r: nu~ ~~. ~ [' ~,' . - ",. ,,~-, 1'eo -;.""-~,~,' o~ nilitiliilr '''.' ;;i(' lLii'jj[fFt:,.:r.-'d::ti\il(;iJ~rrl'Mf'Ojl",/]-i';"I"~~"f':[f"l'~ ...... " C) "" ~~; c:;. 0 <.0> :~,:"- -""' " ,.,-- v, --I (-:', '. ~.' ; ;'. '" :r: 'T' ."2-: 1 -0 nlj=::: U] U"l ;88 c::: ""'j' =16 ,j;:: -0' -,- ~Ti ":::t---r"'i "~~ .- :1l: :::20 j> , c: c..~ ;Sfn --,.. "'- ;:,::,1 -.. r- .e> -~~. :0 , N -< ~..".,~!m'''''''';l'4"":'n'~f'''-I.."''^'''.''',.l![<1I!:!~~K~~r,, Il_@: 7172384809 Cunningham and Cherni 03:4356 pm, 03-17-2006 3/3 JOSEPH O'DONNELL, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA V. : NO. 01-161 CONNIE O'DONNELL, Defendant : CNIL ACTION -LAW : IN DIVORCE PRAECIPE TO WITHDRAW DEFENDANT'S PETITION FOR ECONOMIC RELIEF TO THE PROTHONOTARY: Please withdraw Defendant's Petition for Economic Relief filed in the above captioned matter. Respectfully submitted, Dated: '20 M~ck 2Q)b By: ~ Samuel L. Andes, squire PA ID No. 17255 525 North 12th Street Lemoyne, P A 17043 (717) 761-5361 Attorney for Defendant F:\HOMEIAHEWITI\DOCS\Q.PIODONNELl\DNORCE'l>raeecrI. wpd -."'....'" - . , . ,,' '", '" %,fs - ~ 1, ,_ , ,"" '"" ." ~, "- ;",,",'" ,. "',- "',;..,,,. ':"'~B< "<'j "[jilii'd" ""iiitt"b'-to'~t :i1r:T,"~"'~~Y";;>S"itlili,.~ll;"1i\~,Jl~\i'rff':t{'\{~,;ft ') tft>l ~,. ,..,-" Q "'" = 0 ~: = Tl 0' c.' -- -' rn 7.:"'" ~~11 2~ :;:;:! "r 2:F- l'.., :q in (.-') ~ ... C; c:;; -'-' ~~ ~~~ :> -1] .r:::::' -- :J: r:)___ 7-0 )> C.:: w BfT1 Z --. ---f )> -< :r; u:> -< .~i~~~r,.~~~~~~~.,..,~.III~, ~ RESPONDENT I S PETITION FOR TERMINATION March 23,2006 MAR 2 7 2006 Angela Ryan Domestic Relations Office 13 North Hanover Street P.O. Box 320 Carlisle, P A 17013 RE: Docket Number 01-161 Civil P ACSES Case Number 723103605 O'Donnell vs. O'Donnell Dear Angela, As per your instructions, I have enclosed a copy of my marital settlement agreement. I've tagged the page that pertains to my APL stop date. Please feel free to contact me if you have any further questions. Moreover, please advise me when I can expect the wage attachment to end. I would rather send her a check each month to insure there is no overlapping come July 15, 2006. Thank you again for your expeditious responses to my emails. Sincerely, F:-:U\~.A\ ~. \..J~J\ Jqseph P. O'Donnell,\ . .""'1" ~ . , ".' ,.,.,.",..., . JORDAN D. CUNNINGHAM ROBERT E. CHERNICOFF MARC W. WITZIG BRUCEj. WARSHAWSKY JOHN M. HYAMS KELLY M. KNIGHT CUNNINGHAM & CHERNICOFE P.e. ATTORNEYS AT LAW P.O. BOX 60457 HARRISBURG, PENNSYLVANIA 17106-0457 TELEPHONE (717) 238-6570 FAJ< (717) 238-4809 November 30, 2005 Joseph O'Donnell 1402 Timber Cha..~ Drive Mechanicsburg, PA 17055 Re: O'Donnell v. O'Donnell (Divorce) Our File No. 411004 Dear Joe: HERSHEY TELEFO"lE (717) 534-28?' IRS NO. 23-2274:,5 Street Addresoc 2320 N. 2nd 51:",",' Harrisburg, PA :__~O Enclosed is an Order signed by Judge Hoffer setting the stage for this matter to be concluded. I am iso enclosing a copy of the Marital Settlement Agreement signed in August. As soon as I have =eived the information from Attorney Andes, I will process the divorce in this matter. Very truly YOIlIS, CUNNINGHAM & C / . . / / ~~' . gham JDC/alh enclosure F:\HOMElAHEWlTI'J)()G"O-PlOOONNEU\LETIERS\L113005.wpd "~ I ~ 0 1 - <" "I ""- COFF, P.C. JOSEPH P. O'DONNELL, Plaintiff IN THE COURT OF COMMC- PLEAS OF CUMBERLAND COUNTY, PE~~SYLVANIA vs. NO. 01 - 161 CIVIL CONNIE EBY O'DONNELL, Defendant IN DIVORCE C:'DER OF COURT AND NOW, Eis "'... /2 ,oJ. A~ d day of ') rJI.-!...4Il a..u j , 2005, the economic clairrs raised in the proceeding~ having been resolved in accordance .ith a marital settlement a;reement dated August 8, 2005, t~~ appointment of the Master is vacated and counsel can file a ;:raecipe transmitting the E::ord to the Court requesting a fina~ decree in divorce. BY THE COURT, Geo cc: Jordan D. Cunni~~ham Attorney for Pl:intiff Samuel L. Andes Attorney for De=:ndant TRUE (,()Py FROM RECORD ~ T.estImony whereof, I hEce unto sat my hanct I'~ the seal of 5aI(l COO" I/Slt, Pa.. :hv~ ~ "', I ."~~~"'... "!-II 1,< -'I [-1-' ,. w '-~1 0_'< ~'I OJ) ,..D:Uts p.:n. V~ V:'-.WU:> L ~ MARITAL SETTLEMENT AGREEMENT BY AND BETWEEN JOSEPH O'DONNELL AND CONNIE O'DONNELL Jordan D. Cunningham, Esquire Cunningham & Chemicoff, P.C. 2320 North Second Street P. O. Box 60457 Harrisburg,P A l7I 06-04 57 (Attorney for Joseph O'Donnell) Samuel L. Andes, Esquire 525 North Twelfth Street Lemoyne, P A ] 7043 (Attorney for Connie O'Donnell) ."'1'.' 1'__1 -lImT'~" . ' 4. 5. 6. 7. 'I -,1 J _"'e' .-"= 1J1 3:5' 13 J ., 08-05-2005 3/27 TABLE OF CONTENTS HEADINGS PAGE 1. ADVICE OF COUNSEL ..___....................... 2 2. DISCLOSURE OF ASSETS .......................... 3 3. EQUITABLE DISTRlBUT:ON ........................ (a) Real Property ........_................ 4 4 (b) Furnishings and Pemmal Property ........ 4 (c) Motor Vehicles ......_................. 4 (d) Pennsylvania State Enployees Retirement System Defined Benefit Reti:=ent Plan.................................. 4 (e) Pastuka Defined Ben:iit Pension Retirement Plan.................. 5 (t) Miscellaneous Proper;y.......................... 6 (g) Property to Wife ......._............... (h) Property to Husband ._................... 6 6 (i) Capital Gains Taxes ............... 7 (j) Business Interest........_... 7 ALIMONY....................... 7 LIABILITIES....................... 8 COUNSEL FEES ................................. II WANER OF BENEFICIARY JESIGNATIONS ............ 11 ii ._" T,".,>",,_ .,,' , - >, iTlr - V. ....-' 4' ).J TABLE OF CONTENTS (ClIltlnued) HEADINQS 10. 11. 12. 13. 14. IS. 16. 17. 18. 19. 20. :-! 21. 22. 23. 24. 25. .~ ""', "''1'",--" 8. RELEASE OF CLAIMS ............................. 9. APPROVAL OF MARITAL SETILEMENT AGREEMENT BY THE UNITED STATES BANKRUPTCY CmRTFOR TIlE MIDDLE DISTRICT OF PENNSYLVANIA A5 A CONDmDN OF EFFECTIVENESS...................... PRESER\'ATION OF RECORD ........................ MODIFIC.\TION ................................. SEVERABILITY ................................. BREACH ....,.................................. WAIVER OF BREACH ............................. NOTICE ...................................... APPUCAELE LAW............................... AORE~ BINDING OR PARTIES AND HEW....... ENTIRE AGREEMENT ............................. PRIOR AGREEMENTS ............................ INCORPCMTION OF DOCUMENTS ................... MUTUAL COOPERATION ........................... DATE OF 3XECUTION ............................ EFFEcm3 DATE ............................... AGREEMENT NOT TO BE MERGED ................... EFFECT OF RECONCll1ATION iii I ~ - . . j- -,,"~ ~. ,- I ~, ,< , ,- - VO-VO-LUV:J PAGE 12 12 14 IS IS IS IS IS 16 16 16 16 17 17 17 17 17 . " ,...."'u "UV':; v-UlllllllYlldtll dllU \...11l::l1111 1)1 .J:';,ZY p,m :.J:- .,>2005 5 i27 RECONCillATION ATTEMPT _................ TABLE OF CONTENTS (Continued) 18 HEADINGS PAGE 26. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS................ 27. CONTRACT INTERPRETATIOO....................... 28. ENFORCEMENT................... 29. HEADINGS NOT PART OF AGREEMENT ............... 30. COUNTERPARTS ....................-......... 18 19 19 19 19 iv , 0",- . I,'" ~~~ I ,"I --._.. ~,'.... '-" 10::' '" 01 :33:34 p_m. 08-05- 2005 MARITAL SEmEMENT AGREEMENT 1;11 '- - III TIllS AGREEMENT made this ~day of August, 2C()5 by and between JOSEPH O'DONNELL ciMechanicsburg, Cumberland County, Pennsylvania (hereinafter referred to as "HUSBAND"), lI1d CONNIE O'DONNELL of Mechanics burg, Cumberland County, Pennsylvania (btreinafter referred to as "WlFE''), WITNE&'ETH: WHEREJ,S, WIFE was born on September 4,1951, aM cUIrelltly resides at 4193 Nantucket Drive, Mechanicsburg, Cumberland County, Penm:ivania; WHEREf.s, HUSBAND was born on July 19, 1954, aM cUIrelltly resides at 1402 Timber Chase D::ve, Mechanicsburg, Cumberland County, Pe::nsylvania; WHERE.L.s, the parties hereto are husband and wife, hiving been married on December 19, 1993, in New :umberland, Cumberland County, Pennsylva:ria; w:HEREP3, the parties hereto are desirous of settling ftllyand finally their respective financial and proP=ty rights and obligations as between each ooer, including, without limitation, the settling of all r:alters between them relating to the ownershitl of real and personal property, the support and mUntenance of one another, and in general, the settling of any and all claims and possible claims by JOe against the other or against their respecti;-e estates. NOW, TlEREFORE, in consideration of these premises, and of the mutual promises, covenants, and und:rtakings hereinafter set forth, and for other good and valuable consideration, receipt and sufficiccy of which is hereby acknowledged by each of the parties hereto, 1 ~ ,.,F c- " I ~ I. ,,' -'lIT V l ..)..}.'41 l-'.rl1. UCl-y>,,':'05 7/27 HUSBAND and WIFE, each intending to be legally bOlJ!ld!1ereby, covf;Jlantand agree as . :allows: I. ADVICE OF COUNSEL: T":1e provisions of this Agreement and their legal effect Jave been fuliy explained to WIFE by her anmsel, Samuel L. Andes, Esquire, and to HUSBA!~D JY his counsel, Jordan D. Cunningham, Esquire. Each party acknowledges that he or she has had ~e opportunity to receive independent legal counsel of his or her selection, and that each fully mderstands the facts and his or her legal rights and obligations, and each party acknowledges md accepts that this Agreement is, in the cin:umstances, fair and equitable, and that it is being mtered into freely and voluntarily, and that aecution of this Agreement is not the result of any :mess or undue influence, and that it is not rl:e result of any improper or illegal agreement or IgI"eements. In addition, each party hereby acknowledges that he or she is aware of the impact of :re Pennsylvania Divorce Code, 23 Pa. C.S.A. ~3101, et .$.!lQ., whereby the Court has the right md duty to detennine all martial rights of the parties inCluding divorce, alimony, alimony :endente ~ equitable distribution of all marital property or property owned or possessed ::dividually by the other, counsel fees and costs of litigation and, fully knowing the same, and teing fully advised of his or her rights themcder, each party hereto still desires to execute this ,l.greemenl, acknowledging that the terms and conditions set forth herein are fair, just and c;uitable to each of the parties, and waives his and her respective right to have the Court of wmmon Pleas of Cumberland County, or any other court of competent jurisdiction, make any d=ermination or order affecting the respective parties' rights to alimony, alimony nendentc ~ eg:Iitable distribution of all marital property, CllUI1Sel fees and costs of litigation, or any other r~t arising from the parties' marriage. 2 ',;l~...." I' .,,~ - ,0 ~"I 'rl . " "--.JU ...u....'" l..,unOlngnam and \..-n\2- :. 3401 p,m. 06-05-2005 6/27 2. DlSCLOSURE OF ASSETS: Each of the parties her:ro acknowledges that he or she is aware of his or her right to engage in discovery, including but ::ot limited to, written interrogatories, motions fur production of documents, the taking of::cal depositions, the filing of inventories, and all other means of discovery permitted under the P=syIvania Divorce Code or the Pennsylvania Rules of Civil Procedure and each of the parties sp:ci1'ically waives his or her right to' engage in any funher discovery. Each of the parties further !Cinowledges that he or she is aware ofhisor her right to have the real and/or personal property, Sate and assets, earnings and income of the other assessed or evaluated by the Courts of this Clmmonwealth or any other Court or competent jurisdiction. The respective parties do hereby Wirr.I!lt that there has been full and fair disclosure to the olher of his or her income, assets and liabiliies, and each party agrees that any right to further disclosure, valuation, enumeration or statemc::1 thereof in this Agreement is hereby specifically wah;s, and the parties do not wish to make or z;:pend hereto any further enumeration or statement. The parties hereby acknowledge and agree that, based upon the warrants of disclosure, the division of the marital assets as set forth ~ :his A~ent is considered fair, reasonable and equitable, and is satisfactory to them. Each of the parties hereto further covenant and agree for himself and herself and his or her heirs, :xecutors, administrators or assigns,. that be or she ",ill never at' any time hereafter sue the other party or his or her heirs, executors, administrators or assigns in any action of contention, direct or indirect, and allege therein that there was any d:lress, undue influence, or that there was a :3ilure to have available filII. proper and independent representation by legal counsel. 3 " , -'" I""''' . ',~" r--' T , " '!J - - ~" UIIIIIn ~"...... ","u ...."l:::IlU 01 :34" t> p.m. 08.05-20~-: 9/27 3. EOUITABLEDISTRIBUTION: (a) Real Propertv: The partie; acknowledge thatlIDSBAND and WIFE Ire the owners of a parcel of real property known and numbered as: (i) 4193 Nantucket Drive. Mechanicsbul'2. Cumberland County. PennsYlvania. The parties agree that HUSBAND transfers to WIFE all ofbis right, title and interest in the above referenced property and sln!l execute a Special Warranty deed in recordable fonn to extinguish all claims thereto. WIFE shall be solely responsible fur all costs, expenses and liabilities associated with or attributable:o her interest in the above described parcel of real estate, includir;g but not limited to any mortgages, taxes, insurance premiums, utilities, maintenance and repairs. (b.) Fumishinn and Personal Prooertv: As of the effective date oftl:is Agreement, HUSBAND sets over, transf:rs and assigns to WIFE all of his right, title, claim and interest in and to all items c: personality in WIFE'S possession. Effective as of the date of this Agreement, WIFE sball set over, transfer and assign to HUSBAND all of her right, title, clai::! and interest in all items of personality in HUSBAND'S possession. (c.) Motor Vehicles: (L) WIFE shall retain possession of and receive as her sole and separate property a 1998 Audi 4 '''-'il~'~ ~..,._ ,'- .'''" "" (ii) HUSBAND and WIFE agree to execute, acknowledge and deliver, within thirty (30) days of HUSBAND'S or WIFE'S request, any and all instrume::lts or documents necessary to effectuate the transfer of the vehicles :mrsuant to the tenus of this subparagraph. (iii) Tne parties agree to indemnify and hold each other and their property Jarmless from any liability, cost or expense, including attorney's fees, im:um:d in connection with the vehicle(s) awarded to them by me terms of this subparagraph. (d.) Pennsylvania State Emplovees Retirement Svstem Defined Benefit Retirement Plan: The parti:s agree that HUSBAND shall be awarded one hundred ~t (100"10) of the marital portion of HUSBAND'S pension benefit under the Pennsylvania State Employees Retirement System Defined Benefit Retiremett Plan. WIFE waives any interest she may have had in HUSBAKD'S Pennsylvania State Employees Retirement Defined Benefit Pension Retirement Plan. WIFE shall execute any documents required by the Plan Administra,tor to effect a waiver therein. (e) Pastulca Defined Benefit Pension Retirement Plan HUSBAh1> waives any interest he may have bad in WIFE'S Pastuka Defined &nefit Pension Retirement Plan. HUSBAND shall execute any documents required by the Plan Adminisll'lltor to effect a waiver ~erein. 5 ""'1 ' .----.w- '''1- -'-1 -I " '-' ..... '" . ~. """ "', " '......" ""JIlt U1 :~4:.)f p.m. UtI-Utl-lUUtl 11/"-1 (t) Miscellaneous ProDerty: All property not specifically addressed herein shall be hereafter owned by the party to whom the property is titled; and if untitled, the party in possession. This Agreement shall constitute a sufficiClt bill of sale to evidence the transfer of any and all rights in such property from each to the other. (g) ProneIt\' to Wife; The parties agree that WIFE shall own, possess, and enjoy, free from any claim of HUSBAND, the property awarded to her by the terms of this Agreement HUSBAND hereby quitclaims, assigns and conveys to WIFE all such property, together with any insur.mce policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from HUSBAND to WIFE. (h) Prouertv to Husband: , The parties agree that HUSBAND shall own, possess, and enjoy, free from any claim of WIFE, the property awanled to her by the terms of this Agreement. WIFE hereby quitclaims, assigns and conveys to HUSBAND all such property, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a rufficient bill of sale to evidence the transfa of any and all rights in such property iom WIFE to HUSBAND. 6 " ",. . "Ii'?" ,",~ ~" ,,' ,-,1,JIl!1Hll~lldI1l dUO L..nernl 01:34:48:- -: 08-05-2005 12/27 (i) Canital Gains Taxes WIFE shall be responsible for any Capital Gains Taxes that may result from the sale and/or transfer of the property known and numbl:red as 4193 Nantucket Drive, Mechanicsburg, Pennsylvania. (j) Business Inll:rest( s) HUSBAND's interest in the cOlporation and shares of:he corporation known as Pro Deck Seal. Inc. shall belong solely to HUSBAl-ill. 4. ALIMONY HUSBAND shall pay to WlFE the sum of $400.00 per month, as alimony, payable monthly on the 15th day of each successive month for a period of 12 I:lOnths commencing August 15,2005 and terminating on August 15,2006, with the last payment being made on July 15,2006. During the same twelve (12) months which alimony is being paid, HUSBAND shall not pay any of WIFE's unreimbursed medical expenses. The provisions of this Paragraph are non-modifiable and not subject to change due to a change in circustances with :he following ellceptions: WIFE'S or HUSBAND'S death, in that event, HUSBAND's duty:o pay alimony sball tenninate as of the date of WIFE's death. The parties agree that the entire amount being paid to WIFE pmsuant to this Paragraph is a separate maintenance periodic payment, included and intended to be included with the income of the WIFE within the meaning and intent of Section 71 of the Un:ted States Intemal Revenue Code of 1954 and deductible from the HUSBAND's gross income pu:lSIIant to the provisions of Section 215 of the United States Intemal Revenue Code of 1954. WIFE agrees that all said payments shall be included as income of the WIFE in her applicable tax returns and that 7 -"..,1'1"'11" ". --- " ~ ,,.' "I ' ! 1 I' '.11 L...>U "'VU"," I",,;un.,.-,~nam ana L.llernl 0' 35000 p.m. 08-05-2005 13/27 she shall pay such taxes as may be required by reason of such inclusion, . WIFE shall notifY the Cumberland County Offce of Domestic Relations and modify the current Order to direct that spousal support be termina:ed. S. LIABILITIES (a) HUSBAND shall pay the foUong liability heretobefore incurred by, HUSBAND pursuant to the Bankruptcy Plan of Reorganization filed by HUSBAND docketed in the Bankruptcy Court for the Middle District of Pennsylvania at docket number 1-03-01389. (b) HUSBAND shall be solely respoosible for all debt he has incurred in his name alone, including, but not limited to, obligations to issuers of credit cards in his name, and HUSBAND further agrees that he will indemnify and hold WIFE and her property bannless from any liabi::ity, cost or expense, including attorney's fees, associated with these obligations. Specifically, HUSBAND shall be responsible for the repayment of employee trust fund taxes owed tll the United Slates of America. (c) WIFE agrees that she shall pay the mortgage debt owed to GMACMortgage Corporation; be solely r.:sponsible for all debt she has incurred in her name alone, including, but not limi::d to, obligations to issuers of credit cards in her name and WIFE further agrees that she will indemnify and hold HUSBAND and his property hannless from any liability, cost or expense, including attorney's fees, associated with tese obligations. In relation tll the 8 '"e ~ " " e,_, , c'" ',,-, - ,~ ,~ ,-('- I,' "~ - ;'!- ,'I - ." ~,'~ .~ I ;,' ~..;>= ~QU~ .,,,,,~1'-~''''~ ,,.,., P"~ ,'", l;unnil1gham ,and Cherni 01 :35: 12 p,m, 08-05-2005 14127 mortgage debt owed to GMAC Mortgage Corporation, WIFE shall either pay the debt in full within six (6) months of the date oflhis Agreement or WIFE shall seek to refinance the mortgage debt every successive six (6) months and finance the entire then existing balance of the mortgage debt owed to GMAC Mortgage Corporation. WIFE shall not obtain a second mortgage or any fin""cing utilizing the real estate transferred to WIFE pursuant to Paragraph 3(aXi) of this Agreement as collateral for any future loans or advances of money until the mortgage owed to GMAC Mortgage Corporation is satisfied in full. (d) Unless otherwise provided herein, each party hereby assumes the debts, encumbrances, taxes (past and future) and liens on all the property each will hold subsequent to the date of this Agreement, and each party agrees to indemnify and hold hannless the other party and his or her property from any claim or liability, cost or expense, including actual attorney's fees, that the other partywill suffer or may be required to pay because of such debts, encumbrances or liens. (e) Liability Not Listed: Each party rep11=SeIlts and warrants to the other that he or she has not' incurred any debt, obligation or other liability, other than those described in this Agreement, on which the other party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and each party agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all such debts, obligations and liabilities. 9 "-'1"1 '>.'....,,"..y'.d..' "'.oJ '."lltHIll 01:35:25 p.m. 08-05-2005 15 .~: (t) Indemnification of Wife: If any claim, action or proceeding is hereafter initiated seeking to hold WlFE liable for the marital and business debts or obligations assumed by HUSBAND under this Agreement as a result of his default in the payment of the said marital or business debts, HUSBAND shall, at his sole expense, defend WlFE against any such claim, action or proceeding, whether or not welI.founded, and indemni1Y her and her property against any damages or loss resulting therefiom, including, but not limited to, costs of court and actual attorney's fees incumd by WIFE in connection therewitl1. (g) Indemnification of Husband: If any claim, action or proceeding is hereafter initiated seeking to hold HUSBAND liable for the debts or obligations assumed by WIFE under this Agreement, WIFE shall, at her sole expense, defend HUSBAND against any such claim, action or proceeding, whether or not well-founded, and indemnify hirn and his property against any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorney's fees incurred by HUSBAND in connedion therewith. (h) Warranty as to Future Oblil!ations: HUSBAND and WIFE shall take all steps necessary to assure that no credit cards or similar accounts or obligations exist which provide for joint liability. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and 10 ;~""""f-~~ """~, I ,,", ~ r. "11 L.)U ..0...."" vl.J'lllll1Y'li:lIR ana vnerm 01: 35:36 p.rn, 06-:5-2005 16/27 the parties agree to coopera in closing any -and all aceounts on wbich joint- liability may be incurred. mJSBAND and WIFE each represents and warrants to the other that he or she will not at any time in the future incur or contract any debt, charge or liability for which the other, the other's legal representatives, property or estate may be responsible. Each party hereby agrees to indemnify, save and hold tile other and his or her property bannless from any liability, loss, cost or expcIISC whatsoever, including attorney's fees, incurred in the event of breach hereof. 6. COUNSEL FEES: HUSBAND and WIFE shall each be solely responsible for their respective :cunsel fees, costs and expenses which each of the parties may incur in connection with the ::c:gotiation and execution of this Agreemect and the dissolution of their mamage. 7. W AIVEROF BENEFICL\RY DESIGNATIONS: Unless as otherwise specifically set forth in this Agreement, each party hereto s;lecifically waives any liIld all beneficiary r.ghts in and to any asset, benefit or like program cmying a beneficiary designation which belongs to the other party under the terms of tIris .~ent, including, but not limited to, pemions and retirement plans of any sort or nalUre, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, f:lal paychecks or any other post-death distrJ:mtion scheme, and each party expressly SlllIes that it is his and her intention to revoke by the tcmls of this Agreement any beneficiary designations mming the other which are in effect as of the date of execution of this Agreement If and in the e>~t the other party continues to be names lIS a beneficiary and no alternate beneficiary is 11 :". . I ~ ~l ,,' ~ - r-, < ,- "' I "I L....U "OV1:1 .....ulllllngnam a;-.::: _.lerm 01 :3550 p,m, 08-05-2005 17/27 otherwise designatJ:d, the beneficiary shall be deemed to be the $ate of the deceased party. Notwithstanding the i1regoing, however, in the event that either party hereto specifically designates the other ;arty as a beneficiary of any asset after the chte of execution of this Agreement, then this waiver provision shall not bar that party from qualifying as such beneficiary. 8. RELEASE OF CLAIMS: (a) HUSBAND and WIFE acknowledge and agree that the property disposi:ions provided for herein constitute an equilable distributioD of their assets and liallilities pursuant to Section 3502 of the Divcrce Code and HUSBAND and WIFE iereby waive any right to division of their p.:operty except as otherwise providm for in this Agreement Furthermore, except as otherwise provided for in this A~ment, each of the parties hereby specifically waives, releases, renoumes and forever abandons any claim, right, ti:le or interest whatsoever he or she lUi have in or to property transferred to the ot:er party pursuant to this Agre=t or identified in this Agreement as belo~g to the other party, and each. pa:ty agrees never to assert any claim to said p.:operty or proceeds in the future. However, neither party is released ordiscbatged from any obligation undec lhs Agreement or any instrument or doCUDlCllt executed pursuant to this Agreem:nt. HUSBAND and WIFE shall hereafter own and enjoy independently of any Cairn or right of the other, acquired by him or her from the date of executim of this Agreement with full power in him :Jr her to dispose of the same fully and effectively for all purpose. 12 ,~ ~,"1'~~ r . l.'C,,~ ,." . ~ ., ' 1-" -,- .' - I ; , CJO ..ov~ ;i,~ I --"T. ......lJ1fl1ngnam ana ....neml 01 :36:02 p.m. 08-05-1005 '8/27 (b) Each party herebY atisofutely and unCOIlClitioliaUy releases and f=er discharges the other and the es:ate of the other for all purposes from any lEld all rights and obligations which ci:her party may have or at any time hereaf'ter bas for past, present or future support or main!l:llance, alimony Dendente lite. alimmy, equitable distribution, counsel fees, costs, expenses and any other right or obligation, economic or otherwise, whether arising out of the marital re1atonship or otherwise, including all rights and benefits under the Pennsylvania Diviirce Code of 1980 its supplements md amimdmenu, as wen as any other law of any other jurisdiction, except and ooly except all rights and obligations arising under this Agreement or for the breaci1 of any of its provisions. (c) Except as otherwise prcvided herein, each party hereby absolutely md unconditionally releases and fc;:ever discharges the c;ther and his or her h=, executors, administrators, assig:xs, property and estate from any and all rig:rs, claims, demands or obligations msing out of or by virtue of the marital relationship of the parties whetl:er nc;w existing or hereafter arising. The a.:ove release shall be effective regardless c;f whether such claims arise out of an)" former or future acts, contracts, engagements or liabilities of the other or by way of dower, curtesy, widow's or widower's rights, family exemption or similar allowance, or under the intestate Jaws or the right to take against the spouse'; will, or the right to treat a lifetime conveyance by the other as testamentary or an other rights of a surviving spouse to participate in a deceased! spouse's estate, whc!her arising under the laws ofPenns):vania, any state, commonwealth or temtoIY of :'3 cl" ." ,'I " t' l.)d 4C1U:.l lA6mlngham and Cherni 01 ;..: 15 p,m. 08-05-2005 19127 the United States, or any other country. 9. APPROVAL OF MARITAL SETTLEMENT AGREEMENT BY THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA AS A CONDITION OF EFFICTIVENESS This Agreement is expressly condition upon the approval of the United States Bankruptcy Court for the Middle District of Pennsylvania as a condition subsequent to contract formation. In the event the Court fails to approve the provisions of this Agreement and fails to issue an Order transferring the real estate referred to in Paragraph 3( a)(i) of this Agreement free . and clear of all liens and claims of creditors, then this Agreement shall be null and void as if it had not been entered into by the parties without prejudice to either of them. 10. PRESERVATION OF RECORDS: Each party will keep and preserve for a period of three (3) years from the date of divorce all financial records relating to the marital estate, and each party will allow the other party access to those records in the event of tax audit II. MODIFICATION: No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 12. SEVERABILITY: If any provisions of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable. the remaining provisions hereof shall nevertheless survive and continue in full force effect without being impaired or invalidated in any way. 14 "~'", ""., ';c_ "',,""'1 '~ - -I 1'1 f 11 L':'O 40U'd '....unnlnqnam and Lhemi 01:36:27 p,m. 08-05-200:' 20/27 13. BREACH: If either party hereto breaches anyprovision hereof, the other party shall have :he rigln. it his or her election, to sue for damages f:r such breach, or seek such other remedies :r relic::IS may be available to him or her. The na:-breacmng party shall be entitled to recover from:he breaching party all costs, expenses and:'egal fees actually incurred in the enforcemcn of the ~ts of the non-breaching party. 14. WAIVER OF BREACH; The waiver by one party of any br.ach oftbis Agreement by the other party w::I not 11: deemed a waiver of any other breach or arJf provision of this Agreement. IS. NOTICE: Any notice to be given under this Agreement by either party to the other shall :e in wr:::ng and may be effective by registered or :::rtified mail, return receipt requested. Notie: to WIFE will be sufficient if made or addressed to ~ following: Connie O'Donnell 4193 Nantucket Drive Mechanicsburg, P A 17052 and t(: HUSBAND, if made or addressed to the fuJowing; Joseph O'Donnell 1402 Timber Chase Drive Mechanicsburg, P A 17055 Each party may change the address for nOlJ:e to him or her by giving notice of that chang: in accordance with the provisions of this pmigraph. 16. APPLICABLE LAW: 15 '""'I - 'I" '1 ." i~' .l;j~ 4t5UY l,.;unom9ham ana l.,;l'leml U1:;1b:;J1 ~ ., U::l~U:>-LOU:> l1 III All acts contemphted by this Agreement shall be constrUed IIIlli enforced under the laws of the Commonwealth of pennsylvania in effect as of the date of execution of this Agreement. 17. AGREEMENT BINDING OR PARTIES AND HEIRS: This Agreement, exeept as otherwise expressly provided herein, shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives; assigns, and successors in any interest ofllle parties. 18. ENTIRE AGREEMENT: Each party acknowledges that he or she has carefully read this Agreement, including all other documents to which it refers; that he or she has had the opportunity to discuss its provisions with an attorney of!lis or her own choice, and has executed it \"Oluntarily; and that this instrument expresses the enli:e agreement between the parties concerning the subjects it purports to cover. This Agreemcrt should be interpreted fairly and simply, and not strictly for or against either of the parties. 19. . PRIOR AGREE.\IENTS: The parties specifcally agree that this Agreement shall supersede and any and all prior agreements between the panies. 20. INCORPORATION OF DOCUMENTS: All documents and other instruments referred to in this Agreement are incorporated into this Agreement as completely as if they were copied verbatim in the body of it. 21. MUTUAL COOPERATION: Each party shall on demand execute and deliver to the other any deeds, bills of 16 .~'i'f!~; I'," "'I -- '-" rl - -, I I.' .l'>O 40UbI l...-I6lTlr":gnam ana l..nerm Ul:ati:49 p.m. 08.0tt-200~ 22/27 sale, assigmnents, consents to change ofbeneficiari~ 6f insllI3i1i:e policies or other benefits or assets, tax returns, and other documents, and sball do or cause to be done every other act or thinE that may be necessary or desirable to effectuate the p:ovisions and purposes of this Agreement If either patty unreasonably fails on demand to comp.y with these provisions, that party shall pay to the otbcrparty all attorney's fees, costs, and other apenses actually incurred as a result of sue! failure. 22 DATE OF EXECUTION: The "date of execution" or "execution date" of this Agreement shall be defined as the date 11pOII which it is executed by the parties if th:y each bave executed the Agreement on th: same date. Otherwise, the "date of execution" or "=tion date" of this Agreement shall be defined as lliedate of execution by the party last exCClting this Agreement 23. EFFECTIVE DATE: This Agreement is effective and bindil:g upon both parties as of August IS, 2005. 24. AGREEMENT NOT TO BE MERGr.n: The parties agree that this Agreement s:aI1 continue in full force and effect after such time as a final ~ in divorce may be entered vith respect to the parties. Upon entry of the decree, the provisions of this Agreement may be in:orporated by reference or in substance, but they shall Dot be deemed merged into such decree. The Agreement shaIl survive any such decree in divorce, sba1l be independent thereof, and th: parties intend that all obligations contained in Ibis Agreement shall retain their con!ractlal nature in any enforcement proceedings, whether ~t is sought in an action on the COll1:3Ct itself at law or in equity, or in any enforcement action filed to the divorce caption, incIudi::g ~3105 of the Divorce Code. 17 >O"'r .."'- 1'~ , " ~~.... -'U"''' '-'UJII"U\:I"CII'" "'..U....'n:::11I1 Vl:"':UL p'_ V~-l).:).:lUU:> :l::Sfll 25. EFmi'.(T OF RECONCILIATION OR RECONClLIATID."f ATTEMPT: This Agreement shill remain in full force and effect and shalloot be abrogated even if the parties effect a reconciiation, cohabit as husband and wife or attempt to effect a reconciliation. This Agreement slall continue in full force and effect and there shall be no modification or waiver of any of De terms hereof unless the parties in writing execute a statell1ent declaring this Agreemctt or any term of this Agreement to be null and void. 26. AG]In;~F.MRNT NOT A BAR TO DIVORCE PROCEEDI;\'lGS This Agreement shill no be considered to bar the right of WIFE or HUSBAND to a divorce on lawful grounds if suQ grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation an tht part of either party of any act on the part of the other party which bas caused the disputes wln:h or which has occurred prior to or which may occur subsequent to the date hereof. 'Th: HUSBAND and WIFE intend to secure a mutual consent, no- fault divorce pursuant to the pro~.Jions of Section 3301(c) of the Pennsylvania Divorce Code of 1980 and each will execute alldoc:m1ents necessary to secure an Order of Divorce. 27. CONTRACT IN'IERPRETATION For purposes of comact interpretation and for the purpose of resolving any ambiguity herein. the parties agree:bat this Agreement was prepared jointly by their respective attorneys. 28. ENFORCEMENT It is expressly stipuhted that if either party fails in the due perfonnance of any of his or her material obligations undl:r this Agreement, the other party shall have me tight, at his or 18 '~I ~ t. -', T, ',p"", _ II , 1.1 L.JIU "-UVtf ....U1l1UII91l,an ano I.,..nerm 01,37,,6 p.m. 08-05-2005 :"-1127 her election, to IlIC for damages for breach thereof: to sue fer specific performance, to rescind this Agreement, ill" to seek any other legal remedies as may be available, and the defaulting party shall reimburse ::te nondefaulting party for any legal fees ard expenses for any services incurred in any action or proceeding to compel performance hereunder. 29. HEADINGS NOT PART OF AGREEM:E.n': Any headings preceding the text of the seve:ol paragraphs and subparagraphs hereof are insertal solely for convenience of reference and sball not constitute a part of this Agreement nor siIal1 they affect its meaning, construction lr effect 30. COUNTERPARTS: This Agreement may be executed in counterparts, each of which will be an original and which together shall constitut: one and the same instrument. IN Wl'Il'ESS WHEREOF, the parties hereto have set their hands and seals on the dates of their acknowle:lgments. WITNESS; 19 ~'- ~,^" ',d,~~ _ ~,' 'I ]!I' , . ,'L..JU "OV':l' \"l.mmgnarn ana .....neml (.g-6'5 ~~17---()S- , ~, I"""'" ~\r ' ~I' '. rl " 01 :37:24 p.m. 08-:5-2005 25/27 ~ (j';l~ CONNIE O'DONNELL .... OSEPH O'DONNELL 20 i' " .~ I ~, J >! :1 H :'i <1 , , , i , :1 il , %' % ':;] ~: :,.1 , ., ~~, ~-- ~4L () :X? .~1i :E -E_. -"i.- ::~ ~~ "" C.::;. t;;;;) "', ~ ~ li? 3:J rT"1;;g ~y(~ ('/1 /'..) r,,) CO ....,-,; '" ..,i:--, i~~ J~~? 8 ~.;.-,.. :.0 "" ~",~wJ'l;~J:'J.?!'Jr:mlf::q,'!i'1"'4:j'-"'lWF"""P~~W",@'.~~_'l!i~!!MI"I, In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION CONNIE E. O'DONNELL ) Docket Number 01-161 CIVIL Plaintiff ) vs. ) PACSES Case Number 723103605 JOSEPH P. O'DONNELL ) Defendant ) Other State lD Number ORDER AND NOW, to wit, on this 27TH DAY OF MARCH, 2006 IT IS HEREBY ORDERED that the support order in this case be 0 Vacated or OSuspended or o Terminated without prejudice or (i) Terminated and Vacated, effective AUGUST 15, 2005 . due to: THE ORDER OF NOVEMBER 22, 2005 AND THE PARTIES' MARITAL SETTLEMENT AGREEMENT OF AUGUST 17, 2005. THE ALIMONY PENDENTE LITE ACCOUNT IS CLOSED WITH A CREDIT OF $2,957.95. THE DOMESTIC RELATIONS SECTION DISMISSES THEIR INTEREST IN THE ALIMONY MATTER AS THERE IS NO PROVISION FOR THE ALIMONY TO BE MADE PAYABLE THROUGH THE DOMESTIC RELATIONS SECTION. DRO: R.J. Shadday Service Type M JUDGE Form OE-504 Worker ID 21005 "i""""4''''''"' ~ ~ 5ff '<? ". ~-~~~ ...,.,.,,,,,,,,,,,, ~~, ~ ',~ , "~, ~'" "'lX"~, ,~. ',' , ~ *'"" ' "c'~ ,_. ..... .. ~""~ ~ ,....,..""_~"'~~j~'T'J'-B"1JIt _ ",,~~llm~!rJ!l~l~~ "11""I~;;;'''''''''j~p,"'''; ""W'" ~L "'It,j"'~',-"t, ,,_l '.~-~ ~'v. 'l, "."",.",~,;",,<'''' ,...11 'i~!>iJ~ 0 ...., 0 = c: = .... ~ "'"' ::e: -t t:.1C.-C' ~:D :~!)Lr' ;b, ;:;0 r- ':;::':' i~"" -0 f11 W -uO '-'--" a 06 -' ~~; i :::I" -0 -.l."'t 2:..:(- ::x (.")0 "'-':::';"" 2m s;~; r;y 0' -I ::::1 .J:'"' 55 .~( w -< "'ffl'i~"{Il"'J'"illF"f'"jijl'!.~1I!,! ,'f~P"",;j.~,WW"'':f~":Xi!'i<f!lPlW{'''i\", , "C,~ ':..-~ ",(' J ... ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT 723103605 State Commonwealth of Pennsvlvania 01-161 CIVIL Co./City/Dist. of CUMBERLJ\ND Date of Order/Notice 03/27/06 Case Number (See Addendum for case summary) o Original Order/Notice o Amended Order/Notice @ Terminate Order/Notice BUREAU OF COMMONWEALTH C/O PAYROLL OPERATIONS ATTACHMENTS RESEARCH UNIT PO BOX 8006 HARRISBURG PA 17105-8006 RE: O'DONNELL, JOSEPH P. Employee/Obligor's Name (Last, First, MI) 484-58-2407 Employee/Obligor's Social Security Number 5697000033 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (last, First, MI) EmployerlWithholder's Federal EIN Number 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. $ 0.00 per month in current support $ 0.00 per month in past-due support Arrears 12 weeks or greater? Oyes <R) no $ 0.00 per month in current and past-due medical support $ 0 . 00 per month for genetic test costs $ per month in other (specify) for a total of $ 0.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 0.00 per weekly pay period. $ 0.00 per biweekly pay period (every two weeks). $ 0.00 per semimonthly pay period (twice a month). $ 0.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's! obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 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 SCOU Send check to: Pennsylvania SCOU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PA YMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. ltV1~, {. L~ ')0 <>(, DRO: R.J. Shadday Service Type M OMBNo.:097Q..01S4 Judge Form E N-028 Worker ID $IATT Date of Order: <~~_'!'S< ~ ~1 ~ , --," , ~,'"- or ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS o If.~hecked you are required to provi(ie a copy of this form to your. employee. If your employee works in.. statehthatkisd dltterent from the state that issued thiS order, a copy must be provided to your employee even If the box IS not c ec e . 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 b~fore 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,* RCjJOllillg tll~ raydatelDate u(W;t1llloldiIl5. Yvu Illust lepull LIre; tJd.ydald'JdOO of vvitLLlJlJ;lIg yvlI\:aI ::'CllJ;lIg till::: l-'aYlllclIl. Tile l-'ayJate!dah:: uf vval,llold;lIg i~ till::: Jate 0.. nl,;,-I, (1I110uhl YVO:> vvitl.l.eld (IUIII lln: elllpluycc':) vvages. You must comply with the law ofthe 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. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 2321722990 EMPLOYEE'S/OBLlGOR'S NAME: 0' DONNELL, JOSEPH P. EMPLOYEE'S CASE IDENTIFIER: 5697000033 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9. * Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.s.c. 91673 (b)l; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, federal, local taxes; Social Security taxes; and Medicare taxes. Fortribal orders, you may not withhold more than the amounts allowed under the law of the issuing tribe. For tribal employers who receive a state order, you may not withhold more than the amounts allowed under the law of the state that issued the order. 10. Additional Info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. ll.Submitted By: If you or your employee/obligor have any questions, DOMESTIC RELATIONS SECTION contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST by telephone at (717) 240-6225 or P.O. BOX 320 by FAX at (717) 240-6248 or CARLISLE PA 17013 by internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Worker ID $IATT Service Type M OMS No.: 097()..{l154 ',,"'1!"1""''''''''1'''''''''''''1', !I " "'....-, <II ADDENDUM Summary of Cases on Attachment Defendant/Obligor: 0' DONNELL, JOSEPH P. PACSES Case Number 723103605 Plaintiff Name CONNIE E. O'DONNELL Docket Attachment Amount 01-161 CIVIL $ 0.00 Child(ren)'s Name(s): PACSES Case Number Plaintiff Name DOB Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB D If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. D If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB D If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. D If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB 6Iic~~~k~,;~u~;er~~~i;e~ t~ ~~r~lIth~c~i1~(r~n) .... ........... identified above in any health insurance coverage available through the employee's/obligor's employment. .. ..... ...... ,.,... . .. ......... ....... .. .. ......... ......." . .. ....... ... .. 6;c;'e~k~d,;~u;;e required to enroll the ~hild(ren) identified above in any health Insurance coverage available through the employee's/obligor's employment. . Addendum Form EN-02B Worker ID $IATT Service Type M OMS No.: 0970-0154 ,,-,~"-~",," ~~-I ~t ~,,~ ~ -<\ - ~ '<5" -'" ~- ~,~ "~ ~""1 ".....,.._1 ~~~-~ '" ~~~. f~l "">'""",~,.",^'~~ -.."" , $,. ~' ^ ~ 11, '.. -- ~',~"~,^,,,,',,"-.V..l",,,,)'" ',t';,,~."",,- c~ _'ITi'1fI~ ~ . ~. () "'" = 0 C = -n . cr> cuF =:1J: -l :.:~ ::r: -r, ;;:0 III F ::'7 , ~" -crr' fh ::rJy " 0 Oc> C~: \.- ~-ri ~ -0 ;~?~ ~~ -,~ ~. .. \....-: ~ ~)cn 5; ~- N :::., ':;! "'- .]:"' ~D (.".) -< 'i!\':~.r">::-"">"""""';;''''''"1f'~1'''''''I:'''',*,~JJI!li'!'~~~m1l:l~~~wm~",.,,, 1,1~~~? ,t, ',~j 7' 23e 4809 Cunningham and Cherni 04:25:07 p,m. 03.29.2006 2/2 JOSEPH O'DONNELL, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 01-161 CONNIE O'DONNELL, Defendant : CIVIL ACTION -LAW : IN DIVORCE TO THE PROTHONOTARY: PRAECIPE The undersigned, Defendant's counsel, Samuel L. Andes, Esquire, hereby acknowledges he llCcepted service of the Complaint in Divorce and Amended Complaint in Divorce in the above captioned matter on behalfofthe Defendant, Connie O'Donnell, on June 21,2001 and certifies he was authorized to do so. Respectfully submitted, Dated: 30 M.a.td.. 2a:>f:, By: ~~ PA ID No. 17255 525 North 12'" Street Lemoyne, PA 17043 (717) 761-5361 Attorney for Defendant F:\HOMElAHEWlTIiDOCSIO-PIODONNEUlDIVORCEIPRAESAM. WPD ':'.1!~~~!llI!'l!"I I,. , "1 . , ,"I . ,%~ n ~r ':" ~ " ~,_~~, "~', ~ e<!, ~JfJIIII;lfIi,,,,.,,,,"._,~., ~.. , --^ '.~;, '~, , """.11I' '"" """~~"~I'I"I'I'''I'I'. ".UM~I"." "_,v~~' ,y,^'-~', J,_,",".~',-', ;'+";"''''''C-'', "'~'d'~"",~""'~' II . I ,._.. .1".IIIl!1I._'I..'" __.... >> -~ .. ~. 0 ....., = 0 ~ = " 0-. --4 '=-'Cr:: :>>- :r: u " rn ::n .,,"" ;:;v r- t~ I ,;m :,'J'r" -.J ;~C, - ""-~ '- ,--,', v -::t::;-q .., ~~. -.,.,... 'C;;O -"'" :t:" ~m Z ~ "~~ 0 :n Ui --< ~( - _ "'IJ!PIJJt ,~_".""._'l!',l['_IDl!P~;r"'~';{,"I-"""~!l,~'f'1r<<~'r~''''',,,",1W'i~~~~~,