HomeMy WebLinkAbout01-2267 FX
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
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PENNA.
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STATE OF
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TERRIE A. McCOLLUM
Plaintiff
No.
01-2267 Civil Term
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THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED; \)o~
The terms of the Marital Settlement Agreement executed by the
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VERSUS
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JEFFREY L. McCOLLUM,
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Defendant
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DECREE IN
DIVORCE
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AND NOW,
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TERRIE A. McCOLLUM
DECREED THAT
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AND
JEFFREY L. McCOLLUM
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ARE DIVORCED FROM THE BONDS OF MATRIMONY.
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parties on 10-13-05 are incorporated
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with this Decree.
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By THE COURT:
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, IT IS ORDERED AND
PLAI NTI FF,
DEFEN DANT,
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PROTHONOTARY
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MARITAL SETTLEMENT AGREEMENT
THIS AGREEMENT, made this /3 ~ day of a:.J..t .6e...-
between Terrie A. McCollum, (hereinafter "WIFE") and Jeffrey
(hereinafter "HUSBAND");
2005, by and
1. McCollum,
WIT N E SSE T H:
WHEREAS, the parties hereto were married on October 31, 1987, in
Hummelstown, Dauphin County, Pennsylvania; and separated on 4-19-2001, and
WHEREAS, the parties have two children of this marriage; Travis J.
McCollum born on 6-15-1988 and Erin C. McCollum born on 6-8-1991; and
WHEREAS, difficulties have arisen between the parties and it is therefore
their intention to live separate and apart for the rest of their lives and the parties are
desirous of settling completely the economic and other rights and obligations
between each other, including, but not limited to: the equitable distribution of the
marital property; past, present and future support; alimony, alimony pendente lite;
and, in general, any and all other claims and possible claims by one against the other
or against their respective estates; and
NOW THEREFORE, in consideration of the covenants and promises
hereinafter to be kept and performed by each party and intending to be legally
bound hereby, the parties do hereby agree adollows:
1. ADVICE OF COUNSEL.
The provisions of this Agreement and their legal effect have been fully
explained to the parties by their respective counsel. WIFE is represented by Joanne
Harrison Clough, Esquire. HUSBAND is represented by Richard C. Rupp, Esquire.
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The parties further declare that each is executing the Agreement freely and
voluntarily having either obtained sufficient knowledge and disclosure of their
respective legal rights and obligations, or if counsel has not been consulter.,
expressly. waiving the right to obtain such knowledge. The parties each
acknowledge that this Agreement is fair and equita1?le and is not the result of any
fraud, coercion, duress, undue influence or collusion.
2. DIVORCE ACTION.
The parties acknowledge that their marriage is irretrievably broken and that
they shall secure a mutual consent no fault divorce pursuant to !l 3301(c) of the
Divorce Code. A divorce action was filed by WIFE with the Court of Common
Pleas of Cumberland County, Pennsylvania at Civil Action No. 01-2267 on April 18,
2001. The parties agree to execute Affidavits of Consent for divorce and Waivers of
Notice of Intention to Request Entry of a Divorce Decree concurrently with the
execution of this Agreement.
This Agreement shall remain in full force and effect after such time as a final
decree in divorce may be entered with respect to the parties. The parties agree that
the terms of this Agreement shall be incorporated into any Divorce Decree which
may be entered with respect to them and specifically referenced in the Divorce
Decree. This Agreement shall not merge with the divorce decree, but shall continue
to have independent contractual significance.
3. DATE OF EXECUTION.
The "date of execution" and "execution date" of this Agreement shall be
defined as the date upon which it is executed by the parties if they have each
executed the Agreement on the same date. Otherwise, the "date of execution" or
"execution date" of this Agreement shall be defined as the date of execution by the
party last executing this Agreement.
4. MUTUAL RELEASES.
Each party absolutely and unconditionally release the other and the estate of
the other from any and all rights and obligations which either may have for past,
present, or future obligations, arising out of the marital relationship or otherwise,
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including all rights and benefits under the Pennsylvania Divorce Code of 1980, and
amendments except as described herein.
Each party absolutely and unconditionally releases the other and his or h~r
heirs, ex~cutors, and estate from any claims arising by virtue of the marital
relationship of the parties. The above release shall bji! effective whether such claims
arise by way of widow's or widower's rights, family exemption, or under the
intestate laws, or the right to take against the spouse's will, or the right to treat a
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 the United States, or any
other country.
Except for any cause of action for divorce which either party may have or
claim to have, each party gives to the other by the execution of this Agreement an
absolute and unconditional release from all claims whatsoever, in law or in equity
which either party now has against the other.
5. FINANCIAL AND PROCEDURAL DISCLOSURE.
The parties confirm that each has relied on the accuracy of the financial
disclosure of the other as an inducement to the execution of this Agreement. Each
party understands that he/she had the right to obtain from the other party a
complete inventory or list of all property that either or both parties owned at the
time of separation or currently and that each party had the right to have all such
property valued by means of appraisals or otherwise. Both parties understand that
they have right to have a court hold hearings and make decisions on the matters
covered by this Agreement. Both parties hereby acknowledge that this Agreement is
fair and equitable, and that the terms adequately provide for his or her interests, and
that this Agreement is not a result of fraud, duress or undue influence exercised by
either party upon the other or by any personor persons upon either party.
6. SEP ARATION(NON-INTERFERENCE.
WIFE and HUSBAND may and shall, at all times hereafter, live separate and
apart. They shall be free from any interference, direct or indirect, by the other in all
respects as fully as if they were unmarried. Each may, for his or her separate use or
benefit, conduct, carryon and engage in any business, occupation, profession or
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employment which to him or her may seem advisable. WIFE and HUSBAND shall
not harass, disturb, or malign each other or the respective families of each other.
7. REAL PROPERTY.
The parties are the joint owners of real property located at 99 Millers Gap
Road, Enola, Cumberland County,PA 17025. HUSJ3AND and WIFE agree that in
consideration of the other property transfers set forth in this Agreement and in
consideration of a cash payment WIFE shall tender to HUSBAND in the amount of
Thirty Five Thousand Seven Dollars and 43/100 ($ 35,007.43) from settlement
proceeds at closing to be distributed by the Settlement Officer in accordance with
any mandatory waiting periods, HUSBAND agrees to transfer to WIFE by deed
tendered by HUSBAND to WIFE at time of real estate closing, any and all right, title,
claim and interest he has in said real property to WIFE. WIFE further agrees to pay
the balance due on the specific loans referenced in Paragraph 8 here below, and
remove HUSBAND as an obligor thereon as set forth in Paragraph 8 of this
Agreement.
a. HUSBAND's rights and obligations while continuing to reside in
marital residence: The parties specifically agree that HUSBAND shall vacate the
marital residence on or before 30 days from the date WIFE tenders said cash
payment of $35,007.43. From October 1, 2005 until the date HUSBAND actually
vacates the martial residence, HUSBAND and WIFE agree that HUSBAND shall pay
50% of all utilities at the marital residence including but not limited to electric,
telephone, sewer, AOL, and satellite television. Both parties agree to cooperate in
transferring all of the utilities accounts from HUSBAND's name to WIFE's name.
b. In event WIFE does not obtain mortgage: If WIFE is unable to obtain
a mortgage loan commitment letter in her name alone on 99 Millers Gap Road,
Enola, P A within sufficient to pay her financial obligations as set forth in this
Agreement, within two months from the date of execution of this Agreement, then
the parties agree to list the marital residence for sale and sell said residence. In the
event of such sale, HUSBAND shall be paid the sum of $ 37,007.43 from the sale
proceeds and WIFE shall receive the balance of the sale proceeds as her sole and
separate property, which proceeds are still subject to the terms of this Agreement.
8. DEBTS.
If a party has acquired debt, the parties agree that each shall assume full and
complete responsibility for his or her own debts.
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HUSBAND represents and warrants to WIFE that since the separation he has
not, and in the future he will not, contract or incur any debt or liability for which
WIFE or her estate might be responsible, and he shall indemnify and save WIFE
harmless from any and all claims or demands made against her by reason of such
debts or ,obligations incurred by him since the date of said separation, except as
otherwise set forth herein.
WIFE represents and warrants to HUSBAND that since the separation she has
not, and in the future she will not, contract or incur any debt or liability for which
HUSBAND or his estate might be responsible, and she shall indemnify and save
HUSBAND harmless from any and all claims or demands made against him by
reason of such debts or obligations incurred by her since the date of said separation,
except as otherwise set forth herein. '
a. Husband's sole obligations: HUSBAND and WIFE agree that
HUSBAND shall be solely responsible for and inderrmify and hold WIFE harmless
on the dentist bill with a current balance of for WIFE at $ 2,461.00. HUSBAND shall
pay said bill in full, whether in lump sum or monthly until said obligation is paid in
full.
b. Wife's sole obligations: HUSBAND and WIFE agree that WIFE shall
be solely responsible for and indemnify and hold HUSBAND harmless on the
following debts:
1. Lowes charge account
2. Members l'tloan for counsel fees current balance $2,447.79.
HUSBAND and WIFE specifically acknowledge that if said loan is in joint names, the
loan shall be paid in full by WIFE at time of settlement of the refinancing of the
marital residence. In the event the loan is in HUSBAND's sole name, then WIFE
shall pay husband the current loan balance of $ 2,447.79 in full directly from the
proceeds of the real estate refinancing and HUSBAND shall be solely liable for
paying the balance of the loan in full or monthly at his sole discretion.
3. Members 1 st loan balance from loan for Marcus. WIFE shall pay
the current balance in full of $ 3,411.72 at the time of the real estate refinancing
settlement.
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9. RETIREMENT BENEFITS.
a; Husband's thrift plan: HUSBAND is the owner of a Thrift plan
through his retirement with DISA at Mechanicsburg Naval Depot which had a
separation balance value of $ 41,250.39, HUSBAND and WIFE agree that in
consider'ltion of WIFE retaining the equity in the marital residence and other
property transfers, set forth in this Agreement, WIFE ,agrees to waive any right; title,
claim or interest in said Thift Plan and it shall be the sole and exclusive property of
HUSBAND.
b. Husband's CSRS defined benefit pension: HUSBAND also
participates in the Civil Service Retirement System (CSRS) defined benefit pension
plan through his employment with DISA/Mechanicsburg Naval Depot. HUSBAND
and WIFE agree that WIFE shall receive 50 % of the marital portion of HUSBAND's
defined benefit pension plan throu-gh the Civil Service Retirement System via a
Qualified Domestic Relations Order less the social security offset. HUSBAND shall
select a 100% survivor option and WIFE shall receive the marital portion of said
survivor option. The parties further agree that Harry Leister shall prepare the
QDRO order at HUSBAND's expense to transfer to WIFE 50% of the marital portion
of his CSRS pension.
c. Wife has no retirement: HUSBAND and WIFE acknowledge
that WIFE has no retirement, IRA, 401K or other pension of any kind.
10. BANK ACCOUNTS.
The parties acknowledge that they have divided the marital bank accounts to
their satisfaction. The bank accounts held solely in individual names shall become
the sole and separate property of the party in whose name it is registered. Each
party does hereby specifically waive and release his/her right, title and interest in
the other party's respective accounts.
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11. LIFE INSURANCE.
a. Term life insurance: HUSBAND has a term life insurance
policy through his employer.
b. Husband shall designate children as beneficiaries:
HUSBAND agrees to designate the children as irreyocable beneficiaries of his life
insurance policy through his employer which shall be payable upon his death to his
children in trust, through his Trustee, in accordance with the terms standard for a
parental trust. HUSBAND shall have the sole right to select the trustee.
HUSBAND shall provide proof of beneficiary designation for said life insurance
policy to WIFE or her legal counsel within thirty (30) days of the date of execution of
this Agreement and annually thereafter until the trust for his children is terminated.
12. PERSONAL PROPERTY.
a. Except as set forth here below, the parties hereto mutually agree that
they have divided all furniture, household furnishings and personal property
between them in a manner agreeable to both parties.
b. The parties mutually agree that each party shall from and after the
date of this Agreement be the sole and separate owner of all tangible
personal property in his or her possession.
c. All of the personal property located at the residence at 99 Millers Gap
Road shall be the sole and exclusive property of WIFE except as set
forth here below:
HUSBAND shall receive the following items of personal property:
The parties specifically agree the lawn mower, garden and lawn tools are be the sole
property of WIFE.
1. Pine dining room set
2. Husband's desk
3. TV located in the bedroom
4. Husband's bed
5. Husband's dresser
6. Husband's work bench
7. Chest of drawers in the garage
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8. Tools except WIFE shall retain basic tools at a minimum; hammer
assorted screw drivers and some wrenches,
9. Husband's books
10. Husband's bookcase
11, Husband's hunting gear including guns
12. Hu~band' s fishing gear including fishiI1g rods
13. Saw horses
14. Any duplicate lawn tools as agreed by parties
15. Any duplicate garden tools as agreed by parties
13. VEHICLES.
The parties own a 1992 Toyota Camry. Said vehicle is titled in HUSBAND's
name. The parties own a red Chevrolet pick up truck titled in HUSBAND's name.
HUSBAND and WIFE agree that HUSBAND shall transfer any and all right, title
claim or interest in the Camry to WIFE. HUSBAND shall retain the Chevy truck as
his sole property. Neither vehicle is encumbered by a loan.
14. CHILDREN'S ACCOUNTS/SAVINGS BONDS/BERGER FUNDS
HUSBAND and WIFE agree that Erin and Travis each have his or her own
bank account and Berger funds and these accounts are non marital property and are
in fact the property of the children and shall remain the children's sole and separate
property. The parties agree that the children shall also retain as their sole and
separate property the United States Savings bonds HUSBAND and WIFE purchased
during the marriage.
15. BANKRUPTCY OR REORGANIZATION PROCEEDINGS.
In the event that either party becomes a debtor in any bankruptcy or financial
reorganization proceedings of any kind while any obligations remain to be
performed by that party for the benefit of the other party pursuant to the provisions
of this Agreement, the debtor spouse hereby waives, releases and relinquishes any
right to claim any exemption (whether granted under State or Federal law) to any
property remaining in the debtor as a defense to any claim made pursuant hereto by
the creditor-spouse as set forth herein, including all attorney fees and costs incurred
in the enforcement of this paragraph or any other provision of this Agreement. No
obligation created by this Agreement shall be discharged or dischargeable,
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regardless of Federal or State law to the contrary, and each party waives any and all
right to assert that obligation hereunder is discharged or dischargeable.
The parties mutually agree that in the event of bankruptcy or financ~~l
reorganiz;ation proceedings by either party in the future, any monies to be paid to
the other party, or to a third party, pursuant to the terms of this Agreement shall
constitute support and maintenance and shall not be discharged in bankruptcy.
16. ALIMONY, SUPPORT, AND ALIMONY PENDENTE LITE.
A. Alimony: HUSBAND and WIFE specifically agree that HUSBAND
shall pay to WIFE the sum of One Thousand Two Hundred Twenty Four Dollars
($ 1,224.92) a month in alimony commencing October 1, 2005. The parties expressly
agreed to use the figures calculated by the Domestic Relations Conference Officer at
the 5-9-2005 support conference as the alimony amount in this case. In the event the
divorce is not finalized on or before October 1, 2005, then said payments shall be
made as alimony pendente lite until the divorce is entered. Said alimony payments
shall continue until HUSBAND is 62 years old or retires which ever later occurs.
Said alimony order shall be reduced to a Court Order and HUSBAND shall be wage
attached and the alimony shall be collected by Domestic Relations.
B. Child support: The parties also expressly agreed to use the child
support figures calculated by the Domestic Relations Conference Officer on 5-9-2005
as the child support obligation HUSBAND is to pay to WIFE for the support of the
parties' minor children in the amount of One Thousand Four Hundred Forty Three
Dollars a month ($ 1,443.00). Said support obl~gation shall be reduced to court order,
and HUSBAND shall be wage attached and the support shall be collected by
Domestic Relations. The effective date of the support obligation shall be October 1,
2005.
C. Claiming children for federal income tax purposes: HUSBAND shall
have the right to claim Travis asa dependent for Federal Income Tax purposes.
HUSBAND shall have the option to claim Erin as a dependent for Federal Income
Tax purposes provided he agrees to tender to WIFE the amount of additional tax
liability she would incur as a result of WIFE not claiming Erin as a dependent for
Federal Income Tax purposes. WIFE shall submit to HUSBAND by March 1, of
each calendar year her proposed income tax filing showing her federal income tax
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liability if she claims Erin and her income tax liability if she does not claim Erin as a
dependent. HUSBAND, at his sole option shall have the right to claim one or both
children on his federal income taxe's provided he tenders to WIFE a payment in full
of the difference in tax liability she will incur if he claims one or both children. SaJd
payment .shall be tendered to WIFE at HUSBAND's option at the time WIFE signs
any necessary IRS form to permit HUSBAND to claim said child or children.
D. Waiver: Except as provided herein, the parties hereby expressly
waive, release, discharge and give up any and all rights or claims which either may
now or hereafter for spousal support, alimony pendente lite, alimony, or
maintenance except as set forth in this Agreement. The parties further release any
rights that they may have to seek modification of the terms of this Agreement in a
court of law or equity, with the understanding that this Agreement constitutes a final
determination for all time of either party's obligations to contribute to the support or
maintenance of the other.
17. ATTORNEY FEES, COURT COSTS.
Each party hereby agrees to be solely responsible for his or her own counsel
fees, costs and expenses. Neither shall seek any contribution thereto from the other
except as otherwise expressly provided in this Agreement.
18. ATTORNEYS' FEES FOR ENFORCEMENT.
In the event that either party breaches any provision of this Agreement and
the other party retains counsel to assist in enforcing the terms thereof, the breaching
party will pay all reasonable attorneys' fees, court costs and expenses (including
interest and travel costs, if applicable) which are incurred by the other party in
enforcing the Agreement, whether enforcement is ultimately achieved by litigation
or by amicable resolution. It is the specific Agreement and intent of the parties that a
breaching or wrongdoing party shall bear the obligation of any and all costs,
expenses and reasonable counsel fees incurred by the nonbreaching party in
protecting and enforcing his or her rights under this Agreement.
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19. WAIVER OF RIGHTS.
Both parties hereby waive the following procedural rights:
(a.) The right to obtain an inventory and the appraisement of all
marital and non-marital property;
(b.) The right to obtain an income and expense statement of either
party;
(c.) The right to have all property identified and appraised;
(d.) The right to discovery as provided by the Pennsylvania Rules
of Civil Procedure; and
(e.) The right to have the court make all determinations regarding
marital and non-marital property, equitable distribution,
spousal support, alimony pendente lite, alimony, counselfees
and costs and expenses.
20. MUTUAL COOPERATION.
WIFE and HUSBAND shall mutually cooperate with each other in order to
carry through the terms of this Agreement, including but not limited to, the signing
of documents.
21. VOID CLAUSES.
If any term, condition, clause or provIsIOn of this Agreement shall be
determined or declared to be void or invalid in law or otherwise, then only that
term, condition, clause or provision shall be stricken from this Agreement, and in all
other respects this Agreement shall be valid and continue in full force, effect and
operation.
22. APPLICABLE LAW.
This Agreement shall be construed under the laws of the Commonwealth of
Pennsylvania.
23. ENTIRE AGREEMENT.
This Agreement contains the entire understanding of the parties, and there
are no representations, warranties, covenants or undertakings other than those
expressly set forth herein.
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24. CONTRACT INTERPRETATION.
For purposes of contract interpretation and for the purpose in resolving any
ambiguity herein, the parties agree that this Agreement was prepared jointly by the
parties.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals of
the day first above written.
Witness
This Agreement is executed in duplicate, and in counterparts. WIFE and
ND acknowledge receipt of a duly executed copy hereof.
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Terrie A. McCollum
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ef ey 1. McCollum
Witness
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COMMONWEALTH OF PENNSYLVANIA
:55.
COUNTY OF CUMBERLAND
On the 11l-h day of . UJ.D~ , 2005, before me, a
Notary Public in and for the Commonwealth of Pennsylvania, the undersigned
officer, personally appeared Terrie A. McCollum, known to me (or satisfactory
proven) to be one of the parties executing the foregoing instrument, and she
acknowledges the foregoing instrument to be her free act and deed.
IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the
day and year first above written.
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
~ M. Loper, Notaly Public
CamP Hrn BolO, Cumberland County
My Commlssioo Expires Oct. 27, 2007
Member, Pennsylvania ASSOCiation Of Notanes
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Notary Puo ic
My Commission Expires: Oc..,\:cbllr ;;lj, ;;lex:::.--,
COMMONWEALTH OF PENNSYLVANIA
:55.
COUNTY OF CUMBERLAND
On the /.7"'" day of O~be' .2005, before me, a
Notary Public in and for the Commonwealth of Pennsylvania, the undersigned
officer, personally appeared Jeffrey 1. McCollum, known to me (or satisfactory
proven) to be on of the parties executing the foregoing instrument, and he
acknowledges the foregoing instrument to be his free act and deed.
IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the
day and year first above written.
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Notary Public
My Commission Expires:
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Notarial Seal
Donna L. Piebig. Notary Public
Camp Hill Boro, Cumberland County
My Commission Expires July 30. 2006
Member, PennSvlvanla Associationof Notaries
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TERRIE A. McCOLLUM,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 01-2267 Civil Term
JEFFREY L. McCOLLUM,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
UNDER ~ 3301 (c) OF THE DIVORCE CODE
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 ~ 330 I (c) of the Divorce Code.
2. Date and manner of service of the Complaint:
(a) Date of service:
April 20,2001
(b) Manner of service: United States Mail. Affidavit of Service filed:
simultaneously with this praecipe
3. Date of execution ofthe Affidavit of Consent required by ~ 3301 (c) of the Divorce
Code:
(a) By the Plaintiff: September 25,2002
Filed on: Septemeber 26, 2002
(b) By the Defendant: September 26, 2002
Filed on: September 27, 2002
4. Date of execution of Waiver of Notice of Intention to File Praecipe to Transmit
Record:
(a) By the Plaintiff:
November I, 2005 filed simultaneously with this
praecipe
(b) By the Defendant:: October 28, 2005 filed simultaneously with this praecipe
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5. The was an Order of the Court dated October 21, 2005 vacating the appointment of
the Master
6. Related claims pending: NONE
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DATED: \~_ 1- ~O~
Joanne arrison Clough Es uire
Attorney ill No, 36461
24 N. 32nd Street
CampHiII,PA I7011
(717) 737-5890
Attorney for Plaintiff
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: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:NO. 01- ;),;;;'1..7 Cu;l 'j~
TERRIE A. MCCOLLUM,
Plaintiff
JEFFREY L. MCCOLLUM,
Defendant
: CML ACTION - LAW
: IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in Court. If you wish to defend against the claims set forth in the
following pages, you must take prompt action. You are warned that if you fail to do so, the case
may proceed without you and a Decree of Divorce or annulment may be entered against you
by the Court. A judgment may also be entered against you for any other claim or relief
requested in these papers by the Plaintiff. You may lose money or property or other rights
important to you.
When the ground for divorce is indignities or irretrievable breakdown of the marriage,
you may request marriage counseling. A list of marriage counselors is available in the office of
the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DMSION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS
GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LA WYERAT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
717-249-3166
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: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:NO. D/- ;),';2(_7 c.wu I~
TERRIE A. MCCOLLUM,
Plaintiff
JEFFREY L. MCCOLLUM,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
COMPLAINT UNDER SECTION 3301(c)
OF THE DIVORCE CODE
1. Plaintiff is Terrie A. McCollum, an adult individual who resides at 99 Millers Gap
Road, Enola, Cumberland County, Pennsylvania 17025.
2. Defendant is Jeffrey L. McCollum, an adult individual who resides at 99 Millers Gap
Road, Enola, Cumberland County, Pennsylvania 17025.
3. Plaintiff and Defendant have been bona fide residents 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 October 31, 1987 Hummelstown,
Pennsylvania.
5. There have been no prior actions of divorce or for annulment between the parties.
6, Neither of the parties in this action is presently a member of the Armed Forces.
7. The Plaintiff and Defendant are both citizens of the United States.
8. Plaintiff has been advised of the availability of marriage counseling and that she may
have the right to request the Court to require the parties to participate in such counseling. Being
so advised, Plaintiff does not request that the Court require the parties to participate in
counseling prior to a divorce decree being handed down by the Court.
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9, Plaintiff avers that there are two (2) children of the parties under the age of eighteen
(18) namely: Travis J. McCollum, date of birth June 15, 1988; and Erin C. McCollum, date
of birth June 8, 1991.
COUNT I - DIVORCE
10. The Plaintiff avers that the grounds on which the action is based are as follows:
a, the marriage is irretrievably broken; and
b. Defendant has offered such indignities to the Plaintiff, the injured and
innocent spouse, so as to make Plaintiff's condition burdensome and life intolerable.
WHEREFORE, Plaintiff requests the Court enter a decree in divorce.
COUNT 11- EQUITABLE DISTRIBUTION
11. During the marriage, Plaintiff and Defendant have acquired various items of marital
property, both real and personal, which are subject to equitable distribution under Chapter 35
ofthe Divorce Code.
WHEREFORE, Plaintiff respectfully requests this Honorable Court to equitably divide
all marital property and debt.
COUNT ill - ALIMONY, ALIMONY PENDENTE LITE,
ATTORNEY'S FEES AND COSTS
12. Plaintiff lacks sufficient property to provide for her reasonable needs.
13. Plaintiff is unable to sufficiently support herself through appropriate employment.
14. Defendant has sufficient income and assets to provide continuing support for the
Plaintiff.
15. By reason of this action, Plaintiff will be put to considerable expense in the
preparation of her case in the employment of counsel and the payment of costs.
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16, The Plaintiff is without sufficient funds to support herself and to meet the costs and.
expenses of this litigation and is unable to appropriately maintain herself during the pendency
of this action.
17. Plaintiff's income is not sufficient to provide for her reasonable needs and pay her
attorney's fees and the costs of this litigation.
18. Defendant has adequate earnings to provide for the Plaintiff's support and to pay her
counsel fees, costs and expenses.
WHEREFORE, Plaintiff respectfully requests this Honorable Court to award alimony
pendente lite, alimony and attorney's fees and costs.
Respectfully submitted,
REAGER & ADLER, PC
Date:Jj -I 2.... - 0 I
By:
Joa e Harrison Clo
ID #36461
2331 Market Street
Camp Hill, P A 17011
717-763-1383
Attorneys for Plaintiff
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VERIFICATION
I, Terrie A. McCollum, verify that the statements made in the foregoing Complaint in
Divorce are true and correct to the best of my knowledge, information and belief.
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.
Date: If~ /0- 0/
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TERRI A. McCOLLUM,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 01-2267 Civil Term
JEFFREY L. McCOLLUM,
Defendant
CIVIL ACTION - LAW
: IN DIVORCE
AFFIDA VII OF CONSENT
1. A Complaint in Divorce under Section 330l(c) ofthe Divorce Code was
filed on April 18, 2001.
2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety
(90) days have elapsed from the date of the filing and service ofthe Complaint.
3. I consent to the entry of a final decree of divorce after service of notice of
intention to request entry of the decree.
I verify that the statements made in this affidavit are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904
relating to unsworn falsification to authorities.
Date: (:).J5~. d-OOd-....
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TERRIE A. MCCOLLUM
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
JEFFERY L. MCCOLLUM
Defendant
: NO. 01-2267 CIVIL TERM
: CIVIL ACTION-LAW
: IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was
filed on April 12, 2001.
2. The marriage of Plaintiff and Defendant is irretrievably broken and
ninety (90) days have elapsed from the date of filing the Complaint.
3. I consent to the entry of a final decree of divorce after service of notice
of intention to request entry of the decree.
I verify that the statements made in this affidavit are true and correct. I
understand that false statements herein are made subject to the penalties of 18
Pa.C.S. Section 4904 relating to unsworn falsification to authorities.
Date:----9-! A h I ::to();)
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TERRIE A. McCOLLUM,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
vi.
JEFFREY L. McCOLLUM,
Defendant
: NO. 01-2267 Civil Term
: CIVIL ACTION - LAW
: IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY
OF DIVORCE DECREE UNDER
~ 3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final Decree of Divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if! 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. ~ 4904 relating
to unsworn falsification to authorities.
DATE: /1-0/ - oS
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TERRIE A. McCOLLUM,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
VI.
JEFFREY 1. McCOLLUM,
Defendant
: NO. 01-2267 Civil Term
: CIVIL ACTION - LAW
: IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY
OF DIVORCE DECREE UNDER
~ 3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final Decree of Divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if! do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a Divorce Decree is entered by
the Court and that a copy ofthe Decree will be sent to me immediately after it is filed
with the Prothonotary.
I verify that the statements made in this affidavit are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa.C.S. S 4904 relating
to unsworn falsification to authorities.
DATE: 10/ J.fj (OS"
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TERRIE A. McCOLLUM,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO.
01 - 2267 Civil Term
JEFFREY L. McCOLLUM,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
AFFIDAVIT OF ACCEPTANCE OF SERVICE
I, Jeffrey L. McCollum acknowledge that I received a true and correct copy ofa
time stamped Complaint in Divorce filed on April 18, 2001 in the above captioned
action by first class mail on the 20th day of April, 2001.
Date: l.f! ""-0/6 I
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TERRIE A. McCOLLUM,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 01-2267 Civil Term
JEFFREY L. McCOLLUM,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
SOCIAL SECURITY INFORMATION SHEET
I hereby certify that the Social Security Numbers of the parties are:
Terrie A. McCollum: 162-48-1444
Jeffrey L. McCollum: 184-48-8386
DATE: \l/' 1- -'<0)"
Joanne arrison Clough Es uire
24 N. 32nd Street
Camp Hill, PA 17011
717.737.5890
Attorney for Plaintiff
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TERRIE A. McCOLLUM
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
v.
JEFFREY L. McCOLLUM
: NO.
01 - 2267
: IN DIVORCE
ORDER AND NOTICE SETTING HEARING
TO: Terrie A. McCollum
Joanne Harrison Clough
, Plaintiff
, Counsel for Plaintiff
Jeffrey L. McCollum
Richard C. Rupp
, 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
North Hanover Street, Carlisle, Pennsylvania, on the 1 st day of
Februarv 2005 at 9:00 a.m., at which place
and time you will be given the opportunity to present witnesses and exhibits in support
of your case.
By the Court,
Date of Order and
Notice: 10/1 ?/O4
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
32 SOUTH BEDFORD STREET, CARLISLE, PA 17013
TELEPHONE (717) 249-3166
* TESTIMONY WILL BE LIMITED TO MARITAL MISCONDUCT AND THE EARNING
CAPACITY OF WIFE.
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TERRI A. McCOLLUM,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
CIVIL ACTION - LAW
NO. 01 - 2267 CIVIL
JEFFREY L. McCOLLUM,
Defendant
IN DIVORCE
NOTICE OF PRE-HEARING CONFERENCE
TO:
Joanne Harrison Clough
, Attorney for Plaintiff
Richard C. Rupp
, 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 12th day of October, 2004, 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: 8/9/04
E. Robert Elicker, II
Divorce Master
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TERRIE A. MCCOLLUM,
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 01/2267
.
.
JEFFREY L. MCCOLLUM
Defendont
: CIVIL ACTION - LAW
: IN DIVORCE
DEFENDANT'S PRE-TRIAL STATEMENT
AND NOW comes JEFFREY L. MCCOLLUM, Defendant, by and through
his Attorney, RICHARD C. RUPP, ESQ., and files this PRE-TRIAL STATEMENT as
follows:
1. The Defendant, Jeffrey L. McCollum, currently resides at the marital
residence at 99 Millers Gap Road, Enola, Cumberland County,
Pennsylvania.
2. The Plaintiff, Terrie A. McCollum, an adult individual who currently
resides ot the marital residence at 99 Millers Gap Road, Enola,
Cumberland County, Pennsylvania.
3. The Plaintiff filed a divorce action against Defendant on April 18, 2001.
4. The parties have been living separate and apart in the marital
residence at 99 Millers Gap Road, Enola, Cumberland County,
Pennsylvania.
5. The Defendant believes that the date of separation was on or about
April 12, 2001.
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6. The parties own the marital residence at 99 Millers Gap Road, Enola, ,
PA 17025, which is a single family residence having an approximate
value of $130,000. There are two mortgages against this property, the
first one is with Bank of America which has an outstanding balance of
approximately $7,000 against it and a second mortgage with Members
First Federal Credit Union having an approximate unpaid balance of
$15,000 against it. The estimated equity in the marital residence is
$107,000 if the marital residence is not sold.
1. The parties own a 1992 Toyota Camry with an estimated value of
$2,565.00 which is believed to be unencumbered at this time.
8. The parties also own a 1989 Ford F150 truck with an estimated value
of $1,575.00 and which is unencumbered.
9. At this time, Defendant desires to maintain the marital residence for
himself and believes that the Plaintiff is unable to afford the marital
residence. One of the reasons the Defendant desires to retain the
marital residence is that he intends to seek primary physical custody of
both or at least one of the parties' minor children, the parties have two
minor children - a boy and a girl.
10. The parties have maintained small values in their checking accounts.
2
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11. The Defendant is employed by the federal government in the computer
field and his title is a Supervisory Computer Specialist. He earns
approximately $3,000 bi-weekly gross.
12. Plaintiff is not employed but Defendant believes that Plaintiff is
employable but chooses not to work, which has been a source of
discontent in the marriage.
13. Plaintiff is believed to have an earning capacity of at least $10/hour
and has not been certified as disabled in any capacity nor does
Plaintiff receive any disability income whatsoever.
14. There are credit card unpaid balances which Defendant has been
paying on those which are in joint names and Defendant believes that
Plaintiff has credit card unpaid balances for cards in her own name but
is not aware of the amounts that she owes or their status.
1 S. The parties own savings bonds for the children and they are in the
possession of the Plaintiff and Defendant has no current information at
this time for the savings bonds.
16. The parties also own Berger accounts for the children and their
amounts or status are not known by Defendant.
11. The Defendant's proposed equitable distribution is attached hereto.
3
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18. The Defendant's proposed equitable distribution is based on the
following:
19. The Defendant has been the primary provider for the latter part of the
marriage.
20. The Plaintiff is definitely employable but chooses not to work.
21. The Plaintiff has an earning capacity of at least $10/hour.
22. The Defendant intends to seek primary physical custody of both
children upon separation and therefore believes that the parties
should split the equity on a 50/50 basis and provide no alimony to
Plaintiff.
23. Defendant has been both the primary breadwinner as well as the
homemaker in the family, as he helped to raise the children and take
care of the house.
24. Because the Defendant has been the primary breadwinner and has
been also acting as a homemaker for the children, raising the children
and taking care of the household and because Plaintiff has refused to
work outside the home despite the fact that the children are in school,
has severely restricted the ability of the parties to acquire assets.
25. In addition, Plaintiff has been a spendthrift and has incurred debt
either in joint names or in her name alone to the detriment of the
parties marriage.
4
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26. The Defendant reserves the right to modify this and any other
proposed settlement offer and reserves the right to address any other
issues that may be presented by Plaintiff. Said proposed Schedule of
Distribution is for the purposes of settlement only. There is no
outstanding discovery request at this time but Defendant reserves the
right to seek additional discovery in this process.
Respectfully submitted,
B;;Q
Richard C. Rupp
Sup. Court I.D. No.: 34832
355 North 21 st Street, Suite 205
Camp Hill, PA 17011
(717) 761-3459
Attorney for Defendant
5
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SCHEDULE OF DISTRIBUTION
The marital equities and the assets should be split SO/50.
In addition, the Defendant's pension should be treated separately such
that it be made subject to a QDRO that Plaintiff receives 50% of the monthly
check upon his retirement, if Defendant has stopped working on April 12,
2001, which is the date of separation.
The Plaintiff should receive the parties' Toyota Camry and the
Defendant should receive the parties' Ford 150 truck.
6
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CERTIFICATE OF SERVICE
AND NOW, thiS~ ~ July, 2004, I hereby certify that I have
served a copy of the within document on the following by depositing a true
and correct copy of the same in the U. S. Mail at Harrisburg, Pennsylvania,
postage prepaid, addressed to:
Joanne Harrison Clough, Esquire
Reager & Adler, P.C.
2331 Market Street
Camp Hill, PA 17011
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Terrie A. McCollum,
Plaintiff
NO. 01-2267
V,
CIVIL ACTION - LAW
IN DIVORCE
PACSES NO. 777103347
Jeffrey L. McCollum,
Defendant
DRS ATTACHMENT FOR APL PROCEEDINGS
NAME Terrie A. McColllUIl
ADDRESS 24 Millers Gap Road, Enola, PA 17025
BIRTH DATE 7-13-54
SOCIAL SECURITY NUMBER 162-48-1444
HOME PHONE (717)691-3564
WORK PHONE N/A
EMPLOYER NAME Unemployed
EMPLOYER ADDRESS N/A
JOB TITLE/POSITION N/A
DATE EMPLOYMENT N/A
COMMENCED
GROSS PAY N/A
NET PAY N/A
OTHER INCOME None
ATTORNEY'S NAME Joanne Harrison Clough
ATTORNEY'S ADDRESS 2331 Market Street, Camp Hill, PA 17011
ATTORNEY'S PHONE NUMBER (717) 763-1383
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NAME
ADDRESS
BIRTH DATE
SOCIAL SECURITY NUMBER
HOME PHONE
WORK PHONE
EMPLOYER NAME
EMPLOYER ADDRESS
JOB TITLEIPOSITION
DATE EMPLOYMENT
COMMENCED
GROSS PAY
NET PAY
OTHER INCOME
ATIORNEY'S NAME
ATIORNEY'S ADDRESS
ATIORNEY'S PHONE NUMBER
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Jeffrey L. McCollum
99 Millers Gap Road, Enola, P A 17025
5-13-56
184-48-8386
(717) 697-2014
(717) 605-7768
Defense Information Systems Agency DECC -Mech
PO Box 2045, 5450 Carlisle Pike, Mechanicsburg, P A 17055
Supervisatory Computer Specialist
8/1n8
$5,772. 80/month
$4,605.40/month
Overtime ( varies)
Richard C. Rupp
355 N. 21" Street, Suite 205, Camp Hill, PA 17011
(717) 761-3459
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DATE OF MARRIAGE 10-31-87
PLACE OF MARRIAGE Hunnnelstown, P A
DATE OF SEPARATION 9-27-02
ADDRESS OF LAST MARITAL 99 Millers Gap Road, Eno1a, PA 17025
HOME
DESCRIPTION OF DOCUMENT Divorce Complaint
RAISING APL CLAIM
DATEAPL DOCUMENT FILED 4-18-01
Respectfully submitted,
DATED: ~/ ~ 0 /\) l....-. By:
Joe Harrison C10ug
I.D, No. 36461
2331 Market Street
Camp Hill, PA 17011
(717) 763-1383
Attorneys for Plaintiff
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TERRIE A. McCOLLUM
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 01-2267
JEFFREY L. McCOLLUM,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
PLAINTIFF'S PRE-TRIAL STATEMENT
Terrie A. McCollum, the Plaintiff, by and through her counsel, Joanne
Harrison Clough, Esquire, of Reager & Adler, P.C., 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, Counsel Fees and Costs
8, Expert Witnesses
9, Non-Expert Witnesses
10. Listing of Proposed Exhibits
11. Proposed Resolution
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1. BACKGROUND INFORMATION
1. PARTIES
HUSBAND
NAME Jeffrey L. McCollum
ADDRESS 99 Millers Gap Road, Enola, Pa
AGE 48
DATE OF BIRTH May 13,1956
PLACE OF BIRTH Harrisburg, Dauphin County, Pa
SOCIAL SECURITY NUMBER 184-48-8386
HEALTH Good
EMPLOYER DISA (Army)
OCCUPATION GS 13 Computer Supervisor
LENGTH OF RESIDENCY IN P A Life
EDUCATIONAL BACKGROUND Highschool graduate
WIFE
NAME Terrie A. McCollum
ADDRESS 99 Millers Gap Road, Enola, Pa
AGE 50
DATE OF BIRTH July 13, 1954
PLACE OF BIRTH Carlisle, Cumberland County, Pa
SOCIAL SECURITY NUMBER 162-48-1444
HEALTH Fair/poor - fibromyalgia
EMPLOYER Unemployed
OCCUPATION Homemaker
LENGTH OF RESIDENCY IN P A Life
EDUCATIONAL BACKGROUND Highschool graduate
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2. CHILDREN
NAME AGE DATE OF BIRTH CUSTODIAN
Travis J. McCollum 16 June 15,1988
Erin C. McCollum 13 June 8, 1991
3. MARRIAGE INFORMATION
DATE OF MARRIAGE October 31, 1987
PLACE OF MARRIAGE Hummelstown, Dauphin County, Pa
DATE OF SEPARATION Apri118, 2001
CIRCUMSTANCES OF SEPARATION Wife filed Divorce Complaint
4. PRIOR MARRIAGE
One
IWWE
HUSBAND
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5. CHILDREN OF OTHER RELATIONSHIPSIMARRIAGES
IWWE
HUSBAND
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None
6, PROCEEDINGS INFORMATION
DATE ACTION COMMENCED April 18,2001
DATE OF SERVICE OF COMPLAINT To be stipulated.
MANNER OF SERVICE OF
COMPLAINT By Stipulation
ISSUES RAISED IN DIVORCE Equitable distribution; alimony; APL;
COMPLAINT attorney's fees, costs and expense,
DATE AMENDED COMPLAINT
FILED
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AND/OR COUNTERCLAIM
ISSUES RAISED IN COUNTERCLAIM
BIFURCATION
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PREVIOUSLY RESOLVED ISSUES Consent filcd by Wife on 9/26/02;
Consent filed by Husband on 9/27/02
II. MARITAL ASSETS AND DEBTS
The following is a listing ofthe marital assets and debts of the parties:
ITEM DESCRIPTION TOTAL HUSBAND'S WIFE'S COMMENTS
NO. VALUE POSSESSION POSSESSION
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1.A 99 Millers Gap $132,000.00 No mortgage.
Road, Enola, Pa
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2.A 1992 Toyota Camry X Minimal value,
2.B 1987 Chevy Truck X Minimal value.
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3.A Thrift Savings Plan $42,532.38 X 9/23/02
3.B Members First
Savings .. 2 accounts
3.C Members First
Checking Account
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4.A Federal Pension $177,342 X
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III. LISTING OF PERSONAL PROPERTY
ITEMS RETAINED BY WIFE
DESCRIPTION VALUE
To be determined.
ITEMS RET AINEDBY HUSBAND
DESCRIPTION VALUE
IV. LISTING OF NON-MARITAL PROPERTY
The following is a listing of the non-marital assets of the parties:
No, Description Basis of Exc1usion Owner
L Berger Funds Children Children
2,
3
22. PENSIONS
The following is a listing of the pensions of the parties:
PARTY DESCRIPTION
Husband Federal Pension total value $382, I 00
Marital portion $177,342
Wife
VI. INCOME AND EXPENSES
The following is a listing of the income and expenses of the parties:
PARTY DESCRIPTION AMOUNT
Husband
Annual $78,000
Wife
Gross Monthly Income Unemployed homemaker
Net Monthly Income
MontWy Expenses
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VII. COUNSEL FEES
The following is a listing of the counsel fees and expenses incurred, or to be incurred by
the parties:
PARTY DESCRIPTION DATES AMOUNT
Husband
Counsel Fees
Costs
Anticipated Fees and Costs
Wife
Counsel Fees To be $5,000 plus
determined
Costs
Anticipated Fees and Costs
VIII. EXPERT WITNESSES
The following is a listing of the anticipated experts who will be called to testify in this
case:
NAME SUBJECT TO TESTIMONY
A Real Estate Appraiser To be determined
A Pension Appraiser Harry Leister Pension Valuation*
Personal Property Appraiser To be determined
* It is anticipated that the parties will stipulate to the value of Husband's pension and agree to
introduce Harry Leister's pension valuation as an exhibit in lieu of his testimony.
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Additional experts who may be called to testifY are not known at this time. If such
additional experts are retained, the Plaintiff reserves the right to call them as witnesses upon
proper notification to the Defendant.
IX. NON-EXPERT WITNESSES
NAME SUBJECT TO TESTIMONY
Terrie A. McCollum History ofthe marriage; identification and
valuation of marital assets; other relevant
testimony relating to the factors set forth in the
Divorce Code.
Jeffrey L. McCollum,as of cross History of the marriage; identification and
valuation of marital assets; 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, the Plaintiff reserves the right to call them as witnesses upon
proper notification to the Defendant.
24, 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 Plaintiffs Income and Expense Statement
2 Plaintiffs Counsel Fees Statements
3 Harry Leister's Pension Valuation
4 Defendant's Thrift Plan Statements
5 Defendant's Bank Account Statements
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NO, DESCRIPTION
6 Additional Exhibits to be determined
7
8
9
10
If additional exhibits are identified, Plaintiff reserves the right to submit
additional exhibits upon proper notification to Defendant.
XI. PROPOSED RESOLUTION
1. EQUITABLE DISTRIBUTION
Wife is to receive marital home and an amount of Thrift Savings and/or pension
to equal 50% of marital estate.
2. ALIMONY
Wife will require alimony for life in the amount of$I,OOO per month,
3. COUNSEL FEES AND COSTS
Husband is to pay one-half (1/2) of Wife's counsel fees and costs and expenses,
Respectfully submitted,
D," 1/ J0\91
Jo . on Clough,
Atto ey ill # 36461
2331 Market Street
Camp Hill, P A 17011
(717) 763-1383
Counsel for Plaintiff Terri A. McCollum
CERTIFICATE OF SERVICE
I hereby certify that on the date set forth below a true and correct copy of the
foregoing document was served on the following individuals via United States First Class
Mail, postage prepaid as follows:
Richard C. Rupp, Esquire
Rupp and Meikle
355 N. 215t Street, Suite 205
Camp Hill, PA 17011
E. Robert Elicker, Esquire
Office of the Divorce Master
9, N. Hanover Street
Carlisle, PA 17013
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State Commonwealth of Pennsylvania
Co.lCity/Dist.of CUMBERLAND
Date of Order/Notice 10/27/05
Case Number (See Addendum for case summary)
ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT
538104925
01-2267 CIVIL
Employer/Withholder's Federal EIN Number
777103347
294 S 2001
RE: MC COLLUM, JEFFREY L.
Employee/Obligor's Name (Last, First, MI)
o Original Order/Notice
@ Amended Order/Notice
o Terminate OrderlNotice
DFAS CLEVElJ\ND CENTER"
C/O DFAS CODE L
GARNISHMENT OPS
PO BOX 998002
CLEVElJ\ND OH 44199-8002
184-48-8386
Employee/Obligor's Social Security Number
5336100750
Employee/Obligor's Case Identifier
ISe. Addendum for plainliff names
associated with cases on attachment)
Custodial Parent's Name (Last, First Mil
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 CUMBERlJ\ND County, Commonwealth of Pennsylvania. By law, you are required to deduct these
amounts from the above-named employee'sfobligor's income until further notice even if the Order/Notice is not
issued by your State.
$ 2,667.00 per month in current support
$ 0.00 per month in past-due support Arrears 12 weeks or greater? Oyes (j9 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 $ 2,667.00 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:
$ 615.46 per weekly pay period.
$ 1.230.92 per biweekly pay period (every two weeks).
$ 1,333.50 per semimonthly pay period (twice a month).
$ 2,667.00 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 paydateldate 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'sf 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: OCT 2 8 2005
...Jfflge
Form -028
Worker ID $IATT
DRO: R.J. Shadday
Service Type M
OMS No.: 0970--0154
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ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS
D If checked you are required to prpvide a copy of this form to your employee, If your employee works in.a state that is
different 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 Order/Notice has priority over any other legal process under State law against the same income:
Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies In effect please contact the requesting
agency listed below.
2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to
each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable.!o each
employee/obligor.
3, * Rc:.....Ull;H5 tile faydatelDate o(\Val,Lold;lIg. YOu IlIUst lepolt tLc l-'ayJdt:elddle of vviLl,l,vIJ:1l5 vvLell :;elldihg tin:; l-'aYlllclll. Tile
.....<1yJate/date of vv;tl,l,vld;II&;;:I tIll:; date 0.. vvl.ld, alllUUlll VV(l::' vval.llelJ (.0111 tlll:; C:II1.....lvyee's vvages. You must comply with the law of the
state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the
withholding order and forward the support payments.
4. * Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against
this employee/obligor and you are unable to honor all support 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: 2491016300
EMPLOYEE'S/OBLlGOR'S NAME: MC COLLUM, JEFFREY L.
EMPLOYEE'S CASE IDENTIFIER: 5336100750 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)1; or 2) the amounts allowed by the State olthe 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 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 (7171 240-6248 or
CARLISLE PA 17013 by internet www.childsupport.state.pa.us
Page 2 of 2
Form EN-028
Worker 10 $IATT
Servi ce Type M
OMB No.; 0970-0154
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ADDENDUM
Summary of Cases on Attachment
Defendant/Obligor: MC COLLUM, JEFFREY L.
PACSES Case Number 538104925
Plaintiff Name
TERRIE A. MC COLLUM
Docket Attachment Amount
01-2267 CIVIL$ 1,224.00
Child(ren)'s Name(s):
DOB
dl?~h~~~~d:~~~:;:r~~~i;~~;~enroll the child(ren)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DOB
D If checked, you are required to enroll the child(ren)
identified above in any, health insurance coverage available
through the employee's/obligor's employment.
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DOB
..B;i~~~~~;~: ~~~.'.~~;:~2i;~:~~~;~II;~~.~~;I~i;~~;'.....'..."..\...,...',...
identified above in any health insurance coverage available
through the employee's/obligor's employment.
PACSES Case Number 777103347
Plaintiff Name
TERRIE A. MC COLLUM
Docket Attachment Amount
00294 S 2001 $ 1,443.00
Child(ren)'s Name(s):
~~t~:ii~rilg~E~tilIi
'ali~~~~t:~:~~~~;:;:~2;~..;;:~:~:I;~~~~;I~i;:~Ji...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
D If checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DOB
...d.li~~;~~~:~~~..~~'..~~2i~~;~~~:~II;~;~~;I~i;:~i.t}....'/','
identified above in any health insurance coverage available
through the employee's/obligor's employment.
Service Type M
OMB No.: 0970-0154
Addendum
Form EN-028
Worker ID $IATT
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TERRIE A. McCOLLUM,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 01 - 2267 CIVIL
JEFFREY L. McCOLLUM,
Defendant
IN DIVORCE
ORDER OF COURT
AND NOW, this
cJlpf
day of
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2005, the economic claims raised in the proceedings having been
resolved in accordance with a marital settlement agreement
dated October 13, 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,
. J.
cc:
~anne Harrison Clough
Attorney for Plaintiff
, 21chard C. Rupp
V'Attorney for Defendant
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MARITAL SETTLEMENT AGREEMENT
THIS AGREEMENT, made this /3-/1.. day of Ock b ~ 2005, by and
between Terrie A. McCollum, (hereinafter "WIFE") and Jeffrey L. McCollum,
(hereinafter "HUSBAND");
WIT N E SSE T H:
WHEREAS, the parties hereto were married on October 31, 1987, in
Hummelstown, Dauphin County, Pennsylvania; and separated on 4-19-2001, and
WHEREAS, the parties have two children of this marriage; Travis J.
McCollum born on 6-15-1988 and Erin C. McCollum born on 6-8-1991; and
WHEREAS, difficulties have arisen between the parties and it is therefore
their intention to live separate and apart for the rest of their lives and the parties are
desirous of settling completely the economic and other rights and obligations
between each other, including, but not limited to: the equitable distribution of the
marital property; past, present and future support; alimony, alimony pendente lite;
and, in general, any and all other claims and possible claims by one against the other
or against their respective estates; and
NOW THEREFORE, in consideration of the covenants and promises
hereinafter to be kept and performed by each party and intending to be legally
bound hereby, the parties do hereby agree asJollows:
1. ADVICE OF COUNSEL.
The provisions of this Agreement and their legal effect have been fully
explained to the parties by their respective counsel. WIFE is represented by Joanne
Harrison Clough, Esquire. HUSBAND is represented by Richard C. Rupp, Esquire.
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The parties further declare that each is executing the Agreement freely and
voluntarily having either obtained sufficient knowledge and disclosure of their
respective legal rights and obligations, or if counsel has not been consulteq,
expressly, waiving the right to obtain such knowledge. The parties each
acknowledge that this Agreement is fair and equitable and is not the result of any
fraud, coercion, duress, undue influence or collusion.
2. DIVORCE ACTION.
The parties acknowledge that their marriage is irretrievably broken and that
they shall secure a mutual consent no fault divorce pursuant to S 3301(c) of the
Divorce Code. A divorce action was filed by WIFE with the Court of Common
Pleas of Cumberland County, Pennsylvania at Civil Action No. 01-2267 on April 18,
2001. The parties agree to execute Affidavits of Consent for divorce and Waivers of
Notice of Intention to Request Entry of a Divorce Decree concurrently with the
execution of this Agreement.
This Agreement shall remain in full force and effect after such time as a final
decree in divorce may be entered with respect to the parties. The parties agree that
the terms of this Agreement shall be incorporated into any Divorce Decree which
may be entered with respect to them and specifically referenced in the Divorce
Decree. This Agreement shall not merge with the divorce decree, but shall continue
to have independent contractual significance.
3. DATE OF EXECUTION.
The "date of execution" and "execution date" of this Agreement shall be
defined as the date upon which it is executed by the parties if they have each
executed the Agreement on the same date. Otherwise, the "date of execution" or
"execution date" of this Agreement shall be defined as the date of execution by the
party last executing this Agreement.
4. MUTUAL RELEASES.
Each party absolutely and unconditionally release the other and the estate of
the other from any and all rights and obligations which either may have for past,
present, or future obligations, arising out of the marital relationship or otherwise,
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including all rights and benefits under the Pennsylvania Divorce Code of 1980, and
amendments except as described herein.
Each party absolutely and unconditionally releases the other and his or her
heirs, executors, and estate from any claims arising by virtue of the marital
relationship of the parties. The above release shall b~ effective whether such claims
arise by way of widow's or widower's rights, family exemption, or under the
intestate laws, or the right to take against the spouse's will, or the right to treat a
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 the United States, or any
other country.
Except for any cause of action for divorce which either party may have or
claim to have, each party gives to the other by the execution of this Agreement an
absolute and unconditional release from all claims whatsoever, in law or in equity
which either party now has against the other.
5. FINANCIAL AND PROCEDURAL DISCLOSURE.
The parties confirm that each has relied on the accuracy of the financial
disclosure of the other as an inducement to the execution of this Agreement. Each
party understands that he/ she had the right to obtain from the other party a
complete inventory or list of all property that either or both parties owned at the
time of separation or currently and that each party had the right to have all such
property valued by means of appraisals or otherwise. Both parties understand that
they have right to have a court hold hearings and make decisions on the matters
covered by this Agreement. Both parties hereby acknowledge that this Agreement is
fair and equitable, and that the terms adequately provide for his or her interests, and
that this Agreement is not a result of fraud, duress or undue influence exercised by
either party upon the other or by any person or persons upon either party.
6. SEP ARATIONjNON-INTERFERENCE.
WIFE and HUSBAND may and shall, at all times hereafter, live separate and
apart. They shall be free from any interference, direct or indirect, by the other in all
respects as fully as if they were unmarried. Each may, for his or her separate use or
benefit, conduct, carry on and engage in any business, occupation, profession or
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employment which to him or her may seem advisable. WIFE and HUSBAND shall
not harass, disturb, or malign each other or the respective families of each other.
7. REAL PROPERTY.
'fl1e parties are the joint owners of real property located at 99 Millers Gap
Road, Enola, Cumberland County,PA 17025. HUSBAND and WIFE agree that in
consideration of the other property transfers set forth in this Agreement and in
consideration of a cash payment WIFE shall tender to HUSBAND in the amount of
Thirty Five Thousand Seven Dollars and 43/100 ($ 35,007.43) from settlement
proceeds at closing to be distributed by the Settlement Officer in accordance with
any mandatory waiting periods, HUSBAND agrees to transfer to WIFE by deed
tendered by HUSBAND to WIFE at time of real estate closing, any and all right, title,
claim and interest he has in said real property to WIFE. WIFE further agrees to pay
the balance due on the specific loans referenced in Paragraph 8 here below, and
remove HUSBAND as an obligor thereon as set forth in Paragraph 8 of this
Agreement.
a. HUSBAND's rights and obligations while continuing to reside in
marital residence: The parties specifically agree that HUSBAND shall vacate the
marital residence on or before 30 days from the date WIFE tenders said cash
payment of $35,007.43. From October 1, 2005 until the date HUSBAND actually
vacates the martial residence, HUSBAND and WIFE agree that HUSBAND shall pay
50% of all utilities at the marital residence including but not limited to electric,
telephone, sewer, AOL, and satellite television. Both parties agree to cooperate in
transferring all of the utilities accounts from HUSBAND's name to WIFE's name.
b. In event WIFE does not obtain mortg:ag:e: If WIFE is unable to obtain
a mortgage loan commitment letter in her name alone on 99 Millers Gap Road,
Enola, P A within sufficient to pay her financial obligations as set forth in this
Agreement, within two months from the date of execution of this Agreement, then
the parties agree to list the marital residence for sale and sell said residence. In the
event of such sale, HUSBAND shall be paid the sum of $ 37,007.43 from the sale
proceeds and WIFE shall receive the balance of the sale proceeds as her sole and
separate property, which proceeds are still subject to the terms of this Agreement.
8. DEBTS.
If a party has acquired debt, the parties agree that each shall assume full and
complete responsibility for his or her own debts.
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HUSBAND represents and warrants to WIFE that since the separation he has
not, and in the future he will not, contract or incur any debt or liability for which
WIFE or her estate might be responsible, and he shall indemnify and save WIFE
harmless from any and all claims or demands made against her by reason of such
debts or ,obligations incurred by him since the date of said separation, except as
otherwise set forth herein.
WIFE represents and warrants to HUSBAND that since the separation she has
not, and in the future she will not, contract or incur any debt or liability for which
HUSBAND or his estate might be responsible, and she shall indemnify and save
HUSBAND harmless from any and all claims or demands made against him by
reason of such debts or obligations incurred by her since the date of said separation,
except as otherwise set forth herein.
a. Husband's sole obligations: HUSBAND and WIFE agree that
HUSBAND shall be solely responsible for and indemnify and hold WIFE harmless
on the dentist bill with a current balance of for WIFE at $ 2,461.00. HUSBAND shall
pay said bill in full, whether in lump sum or monthly until said obligation is paid in
full.
b, Wife's sole obligations: HUSBAND and WIFE agree that WIFE shall
be solely responsible for and indemnify and hold HUSBAND harmless on the
following debts:
1. Lowes charge account
2. Members 1st loan for counsel fees current balance $2,447.79.
HUSBAND and WIFE specifically acknowledge that if said loan is in joint names, the
loan shall be paid in full by WIFE at time of settlement of the refinancing of the
marital residence. In the event the loan is in HUSBAND's sole name, then WIFE
shall pay husband the current loan balance of $ 2,447.79 in full directly from the
proceeds of the real estate refinancing and HUSBAND shall be solely liable for
paying the balance of the loan in full or monthly at his sole discretion.
3. Members 1st loan balance from loan for Marcus. WIFE shall pay
the current balance in full of $ 3,411.72 at the time of the real estate refinancing
settlement.
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9. RETIREMENT BENEFITS.
a: Husband's thrift plan: HUSBAND is the owner of a Thrift plan
through his retirement with DISA at Mechanicsburg Naval Depot which had a
separation balance value of $ 41,250.39. HUSBAND and WIFE agree that in
consideration of WIFE retaining the equity in the marital residence and other
property transfers set forth in this Agreement, WIFE ;agrees to waive any right, title,
claim or interest in said Thift Plan and it shall be the sole and exclusive property of
HUSBAND.
b. Husband's CSRS defined benefit pension: HUSBAND also
participates in the Civil Service Retirement System (CSRS) defined benefit pension
plan through his employment with DISA/Mechanicsburg Naval Depot. HUSBAND
and WIFE agree that WIFE shall receive 50 % of the marital portion of HUSBAND's
defined benefit pension plan through the Civil Service Retirement System via a
Qualified Domestic Relations Order less the social security offset. HUSBAND shall
select a 100% survivor option and WIFE shall receive the marital portion of said
survivor option. The parties further agree that Harry Leister shall prepare the
QDRO order at HUSBAND's expense to transfer to WIFE 50% of the marital portion
of his CSRS pension.
c. Wife has no retirement: HUSBAND and WIFE acknowledge
that WIFE has no retirement, IRA, 401K or other pension of any kind.
10, BANK ACCOUNTS.
The parties acknowledge that they have divided the marital bank accounts to
their satisfaction. The bank accounts held solely in individual names shall become
the sole and separate property of the party in whose name it is registered. Each
party does hereby specifically waive and release his/her right, title and interest in
the other party's respective accounts.
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11. LIFE INSURANCE.
a. Term life insurance: HUSBAND has a term life insurance
policy through his employer.
b. Husband shall designate children as beneficiaries:
HUSBAND agrees to designate the children as irrevocable beneficiaries of his life
insurance policy through his employer which shall be payable upon his death to his
children in trust, through his Trustee, in accordance with the terms standard for a
parental trust. HUSBAND shall have the sole right to select the trustee.
HUSBAND shall provide proof of beneficiary designation for said life insurance
policy to WIFE or her legal counsel within thirty (30) days of the date of execution of
this Agreement and annually thereafter until the trust for his children is terminated.
12. PERSONAL PROPERTY,
a. Except as set forth here below, the parties hereto mutually agree that
they have divided all furniture, household furnishings and personal property
between them in a manner agreeable to both parties.
b. The parties mutually agree that each party shall from and after the
date of this Agreement be the sole and separate owner of all tangible
personal property in his or her possession.
c. All of the personal property located at the residence at 99 Millers Gap
Road shall be the sole and exclusive property of WIFE except as set
forth here below:
HUSBAND shall receive the following items of personal property:
The parties specifically agree the lawn mower, garden and lawn tools are be the sole
property of WIFE.
1. Pine dining room set
2. Husband's desk
3. TV located in the bedroom
4. Husband's bed
5. Husband's dresser
6. Husband's work bench
7. Chest of drawers in the garage
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8. Tools except WIFE shall retain basic tools at a minimum; hammer
assorted screw drivers and some wrenches.
9. Husband's books
10, Husband's bookcase
11, Husband's hunting gear including guns
12. Hu~band' s fishing gear including fishing rods
13, Saw horses
14. Any duplicate lawn tools as agreed by parties
15. Any duplicate garden tools as agreed by parties
13. VEHICLES.
The parties own a 1992 Toyota Camry. Said vehicle is titled in HUSBAND's
name. The parties own a red Chevrolet pick up truck titled in HUSBAND's name.
HUSBAND and WIFE agree that HUSBAND shall transfer any and all right, title
claim or interest in the Camry to WIFE. HUSBAND shall retain the Chevy truck as
his sole property. Neither vehicle is encumbered by a loan.
14. CHILDREN'S ACCOUNTS/SAVINGS BONDS/BERGER FUNDS
HUSBAND and WIFE agree that Erin and Travis each have his or her own
bank account and Berger funds and these accounts are non marital property and are
in fact the property of the children and shall remain the children's sole and separate
property. The parties agree that the children shall also retain as their sole and
separate property the United States Savings bonds HUSBAND and WIFE purchased
during the marriage.
15. BANKRUPTCY OR REORGANIZATION PROCEEDINGS.
In the event that either party becomes a debtor in any bankruptcy or financial
reorganization proceedings of any kind while any obligations remain to be
performed by that party for the benefit of the other party pursuant to the provisions
of this Agreement, the debtor spouse hereby waives, releases and relinquishes any
right to claim any exemption (whether granted under State or Federal law) to any
property remaining in the debtor as a defense to any claim made pursuant hereto by
the creditor-spouse as set forth herein, including all attorney fees and costs incurred
in the enforcement of this paragraph or any other provision of this Agreement. No
obligation created by this Agreement shall be discharged or dischargeable,
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regardless of Federal or State law to the contrary, and each party waives any and all
right to assert that obligation hereunder is discharged or dischargeable.
The parties mutually agree that in the event of bankruptcy or financial
reorganiz,ation proceedings by either party in the future, any monies to be paid to
the other party, or to a third party, pursuant to the terms of this Agreement shall
constitute support and maintenance and shall not be discharged in bankruptcy.
16. ALIMONY( SUPPORT, AND ALIMONY PENDENTE LITE.
A. Alimony: HUSBAND and WIFE specifically agree that HUSBAND
shall pay to WIFE the sum of One Thousand Two Hundred Twenty Four Dollars
($ 1,224.92) a month in alimony commencing October 1, 2005. The parties expressly
agreed to use the figures calculated by the Domestic Relations Conference Officer at
the 5-9-2005 support conference as the alimony amount in this case. In the event the
divorce is not finalized on or before October 1, 2005, then said payments shall be
made as alimony pendente lite until the divorce is entered. Said alimony payments
shall continue until HUSBAND is 62 years old or retires which ever later occurs.
Said alimony order shall be reduced to a Court Order and HUSBAND shall be wage
attached and the alimony shall be collected by Domestic Relations.
B. Child support: The parties also expressly agreed to use the child
support figures calculated by the Domestic Relations Conference Officer on 5-9-2005
as the child support obligation HUSBAND is to pay to WIFE for the support of the
parties' minor children in the amount of One Thousand Four Hundred Forty Three
Dollars a month ($ 1,443.00). Said support obligation shall be reduced to court order,
and HUSBAND shall be wage attached and the support shall be collected by
Domestic Relations. The effective date of the support obligation shall be October l,
2005.
C. Claiming children for federal income tax purposes: HUSBAND shall
have the right to claim Travis asa dependentJor Federal Income Tax purposes.
HUSBAND shall have the option to claim Erin as a dependent for Federal Income
Tax purposes provided he agrees to tender to WIFE the amount of additional tax
liability she would incur as a result of WIFE not claiming Erin as a dependent for
Federal Income Tax purposes. WIFE shall submit to HUSBAND by March 1, of
each calendar year her proposed income tax filing showing her federal income tax
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liability if she claims Erin and her income tax liability if she does not claim Erin as a
dependent. HUSBAND, at his sole option shall have the right to claim one or both
children on his federal income taxes provided he tenders to WIFE a payment in full
of the difference in tax liability she will incur if he claims one or both children. Said
payment .shall be tendered to WIFE, at HUSBAND's option at the time WIFE signs
any necessary IRS form to permit HUSBAND to claim said child or children.
D. Waiver: Except as provided herein, the parties hereby expressly
waive, release, discharge and give up any and all rights or claims which either may
now or hereafter for spousal support, alimony pendente lite, alimony, or
maintenance except as set forth in this Agreement. The parties further release any
rights that they may have to seek modification of the terms of this Agreement in a
court of law or equity, with the understanding that this Agreement constitutes a final
determination for all time of either party's obligations to contribute to the support or
maintenance of the other.
17. ATTORNEY FEES, COURT COSTS.
Each party hereby agrees to be solely responsible for his or her own counsel
fees, costs and expenses. Neither shall seek any contribution thereto from the other
except as otherwise expressly provided in this Agreement.
18. ATTORNEYS' FEES FOR ENFORCEMENT.
In the event that either party breaches any provision of this Agreement and
the other party retains counsel to assist in enforcing the terms thereof, the breaching
party will pay all reasonable attorneys' fees, court costs and expenses (including
interest and travel costs, if applicable) which are incurred by the other party in
enforcing the Agreement, whether enforcement is ultimately achieved by litigation
or by amicable resolution. It is the specific Agreement and intent of the parties that a
breaching or wrongdoing party shall bear the obligation of any and all costs,
expenses and reasonable counsel fees incurred by the nonbreaching party in
protecting and enforcing his or her rights under :this Agreement.
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19. WAIVER OF RIGHTS,
Both parties hereby waive the following procedural rights:
(a.) The right to obtain an inventory and the appraisement of all
marital and non-marital property;
(b.) The right to obtain an income and expense statement of either
party;
(c.) The right to have all property identified and appraised;
(d.) The right to discovery as provided by the Pennsylvania Rules
of Civil Procedure; and
(e.) The right to have the court make all determinations regarding
marital and non-marital property, equitable distribution,
spousal support, alimony pendente lite, alimony, counsel, fees
and costs and expenses.
20. MUTUAL COOPERATION.
WIFE and HUSBAND shall mutually cooperate with each other in order to
carry through the terms of this Agreement, including but not limited to, the signing
of documents.
21. VOID CLAUSES.
If any term, condition, clause or prOVISIOn of this Agreement shall be
determined or declared to be void or invalid in law or otherwise, then only that
term, condition, clause or provision shall be stricken from this Agreement, and in all
other respects this Agreement shall be valid and continue in full force, effect and
operation.
22. APPLICABLE LAW.
This Agreement shall be construed under the laws of the Commonwealth of
Pennsylvania.
23. ENTIRE AGREEMENT.
This Agreement contains the entire understanding of the parties, and there
are no representations, warranties, covenants or undertakings other than those
expressly set forth herein.
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24, CONTRACT INTERPRETATION.
For purposes of contract interpretation and for the purpose in resolving any
ambiguity herein, the parties agree that this Agreement was prepared jointly by the
parties,
IN WITNESS WHEREOF, the parties hereto have set their hands and seals of
the day first above written.
This Agreement is exec
,HUSB ND acknowledge
Witness
in duplicate, and in counterparts. WIFE and
t of a duly executed copy hereof.
~"J)'1L.du~
Terrie A. McCollum
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ef ey . McCollum
Witness
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COMMONWEALTH OF PENN5YL VANIA
:55.
COUNTY OF CUMBERLAND
On the II\+. day of .Ot..\::obor- .2005, beforeine, a
Notary Public in and for the Commonwealth of Pennsylvania, the undersigned
officer, personally appeared Terrie A. McCollum, known to me (or satisfactory
proven) to be one of the parties executing the foregoing instrument, and she
acknowledges the foregoing instrument to be her free act and deed.
IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the
day and year first above written.
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Mary M. Loper, Notary Public
Camp HiU BolO, Cumberland County
My Commission Expires Oct. 27, 2007
Member. pennsylvania Association Of Notaries
1'Yb"J -rll. ~'^
Notary Pu Ie
My Commission Expires: Cx:.l:ob<<.- bli, ~cxYl
COMMONWEALTH OF PENN5YL VANIA
:55,
COUNTY OF CUMBERLAND
On the I ~+It. day of @c.-1-o6er .2005, before me, a
Notary Public in and for the Commonwealth of Pennsylvania, the undersigned
officer, personally appeared Jeffrey 1. McCollum, known to me (or satisfactory
proven) to be on of the parties executing the foregoing instrument, and he
acknowledges the foregoing instrument to be his free act and deed.
IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the
day and year first above written.
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Notary Public
My Commission Expires:
Notarial Seal
Doono L. FiebiJ!. NOIaty Public
Camp Ilill BolO, Cwnberland County
My Commission Il:tpires July 30, 2006
Memoor,Pennsylvania AsslltlalionofNotaries
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TERRIE A. McCOLLUM,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 01-2267 CIVIL TE~~
JEFFREY L. McCOLLUM,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
ORDER OF COURT
AND NOW, this 20th day of May, 2004, by agreement
of the parties, the holding of the Defendant in contempt is
vacated, and hearing on this matter is continued generally, to be
relisted at the request of either party.
Edward E. Guido, J.
Joanne Harrison Clough,
For t,r;h(pat~ift
, ^ N\ Q - \Z."'-r 1'" u..' rt:-
\I\~v TbQmris D. Gould, Esquire
For the Defendant
Esquire
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TERRIE A. MCCOLLUM,
PlaintiH
v.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 01/2267
()
.
.
MAY 2 6 2004~
JEFFREY L. MCCOLLUM
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
ORDER OF COURT
AND NOW, this
day of May, 2004, upon Answer to Petition of
Richard C. Rupp of Rupp and Meikle, to Petition for Contempt, said Rule
entered on May 11, 2004 is hereby opened and the Petition of
PlaintiH/Petitioner is dismissed.
BY THE COURT:
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TERRIE A. MCCOLLUM,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 01/2267
JEFFREY L. MCCOLLUM
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
ANSWER TO PETITION FOR CONTEMPT
AND NOW, this day of May, 2004, comes Richard C. Rupp, attorney for
Defendant Jeffrey L. McCollum, who files this Answer to Petition for Contempt
and in support thereof avers as follows:
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted.
6. Admitted.
7. Admitted in part and denied in part. It is admitted that Atty. Clough
asked on at least two occasions for the pension report. One time was
by telephone and it is believed that the pension report was not
received at that point. Another time was in person in the Cumberland
County Courthouse when the parties were present for another hearing.
It is also admitted that the portion of the prior Order requiring
Defendant to assist Plaintiff in securing a $5,000 loan was completed
and is no longer at issue. Then recently Richard C. Rupp, Esquire,
attorney for Defendant and Respondent, informed Atty. Joanne
Harrison Clough, attorney for Plaintiff, that Rupp and meikle had
received the pension evaluation from Harry Leister and Atty. Richard
Rupp stated that although he had not reviewed it nor reviewed it with
his client yet, he would be providing it shortly to counsel. Both counsel
then discussed the divorce case and agreed that we should then start
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to review the assets and discuss settlement. Counsel meeting at the
Courthouse on this other client matter was very amicable in nature
regarding the McCollums.
8. As this matter is governed by the divorce rules of Cumberland County,
no answer is required but it is believed that the Plaintiff could list this
for a Master's hearing at this time. Atty. Richard Rupp has been
involved in other divorce actions before the Master and said actions
have been listed, even though no pension evaluation had even been
requested at that point.
9. Denied. It is believed that the Defendant is not delaying Plaintiff's
ability to move this matter toward a Master's trial as it was supposedly
discussed to discuss settlement first in any event.
10. Denied. It is denied that Defendant's behavior is violating this Court
Order of December 9, 2003 and caused Plaintiff to incur additional
counsel fees and costs and expenses. To the contrary, Atty. Clough,
having had this discussion with Atty. Rupp did not make any other
effort to obtain the pension evaluation other than by petitioning this
Court. By reason of the amicable discourse which had occurred in the
Cumberland County Courthouse, the firm believes before filing the
Petition seems to have been in order or at least the attorney should
have first corresponded to indicate that any prior agreements of
cooperating and obtaining the report and discussing settlement were
now revoked before filing this Petition. believe that the attorney should
have first corresponded to indicate that any prior agreements to
cooperate in obtaining the report and discussing settlement were now
revoked before filing this Petition. As such, her Petition is opposed. In
the interim, it has been discovered that the Harry Leister pension
report has been inadvertently misplaced and a second copy is being
requested at this time.
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WHEREFORE, it is respectfully requested that this Honorable Court
dismiss the PlaintiWs Petition for Contempt.
RESPECTFULLY SUBMITTED,
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VERIFICATION
I, RICHARD C. RUPP, am familiar with the facts, is making this Verification
on behalf of the Defendant as Defendat's verification could not be obtained in
time within the Court's jurisdiction to file this pleading of record and verify that
the statements in the foregoing document are true and correct to the best of my
knowledge, information and belief. I understand that false statements herein
are made subject to penalties of 18 Pa. C.S. Ii 4904 relating to unsworn
falsification to authorities.
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CERTIFICATE OF SERVICE
AND NOW, thi/tlt:; of May, 2004, I hereby certify that I have
served a copy of the within document on the following person by telefaxing
and by depositing a true and correct copy of the same in the U. S. Mail at
Harrisburg, Pennsylvania, postage prepaid, addressed to:
Joanne Harrison Clough, Esquire
Reager & Adler, P.C.
2331 Market Street
Camp Hill, PA 17011
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TERRIE A. MCCOLLUM,
PlaintifflPetitioner
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v,
: NO. 01-2267
JEFFREY L. MCCOLLUM,
Defendant/Respondent
, : CIVIL ACTION - LAW
: IN DIVORCE
AND NOW, this
RULE TO SHOW CAUSE
:J./ d day of /tPIt,' L ,2004, in review of the attached
Petition for Contempt, a rule is hereby issued against Respondent Jeffrey McCollum to show
cause, if any, why he should not be found in contempt of this Court's Order of December 9,2003,
and why he should not be directed to provide the pension valuation as Ordered by this Court to
Petitioner's counsel within 14 days and why he should not be directed to reimburse Petitioner all
reasonable counsel fees and costs and expenses she has incurred as a result of his breach of this
Court's Order.
Rule returnable within
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days of date of service.
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TERRIE A. MCCOLLUM,
Plaintiffi'Petitioner
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v,
: NO. 01-2267
JEFFREY L. MCCOLLUM,
Defendant/Respondent
: CNIL ACTION - LAW
: IN DNORCE
PETITION FOR CONTEMPT
AND NOW, this ~ day of ~ ' 2004 comes Terri McCollum by and
through her counsel Joanne Harrison Clough, Esquire and Reager & Adler, PC, and files this
Petition for Contempt and in support thereof avers as follows:
I. Petitioner Terri McCollum is an adult individual currently residing at 99 Millers
Gap Road, Enola, Cumberland County, Pennsylvania.
2. Respondent Jeffrey L. McCollum, husband of Petitioner, is an adult individual
currently residing at 99 Millers Gap Road, Enola, Cumberland County, Pennsylvania. He is
represented by Richard Rupp, Esquire.
3, Petitioner filed a divorce action against Respondent on April 18, 200 I.
4. Petitioner filed a Petition for Interim Counsel Fees and Costs and Expense Award
in September 2003,
5. A hearing on Petition for Interim Counsel Fees and Costs and Expenses was held
before Judge Guido on December I, 2003.
6. An Order of Court was issued on December 9, 2003 specifically directing in part
that Respondent forward monies to Harry Leister at Conrad Seigel to obtain a valuation of
the marital portion of Respondent's pension. A true and correct copy of said Court Order is
attached hereto and made part of and incorporated by reference as Petitioner's Exhibit "A."
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7. Despite repeated requested by Petitioner to respond to counsel, no pension
valuation has been provided.
8. Petitioner cannot list this matter for a Master's hearing until she receives a copy
of the pension valuation Respondent was ordered by this Court to obtain,
9. Respondent's actions are delaying the Petitioner's ability to move this matter
towards a Master's trial and final conclusion.
10. Respondent's behavior is violating this Court Order of December 9, 2003 and is
causing Petitioner to incur additional counsel fees and costs and expenses.
WHEREFORE, it is respectfully requested that this Honorable Court finds Respondent in
contempt of the Court Order dated December 9,2003 and direct Respondent to obtain and
provide the pension valuation to Petitioner within 14 days and further direct Respondent to
reimburse all of the reasonable counsel fees and costs and expenses incurred as a result of
Respondent's violation of this Court's Order of December 9, 2003 and grant any further
relief this Court deems appropriate.
Respectfully submitted,
Date: \\.... 11-~~
Jo Harrison Clough,
Attorney ill No.: 36461
2331 Market Street
Camp Hill, P A 17011
(717) 763-1383
Counsel for P1aintifffl'etitioner Terri McCollum
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VERIFICATION
I, T em McCollum, verify that the statements made in the foregoing document are true
and correct to the best of my knowledge, information and belief.
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.
Date: l1- l~ ~O Y
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TE MCCOLLUM "
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CERTIFICATE OF SERVICE
I hereby certifY that on the date set forth below a true and correct copy of the foregoing
Petition for Contempt was served on the following individuals via United States First Class Mail,
postage prepaid as follows:
Richard C. Rupp, Esquire
Rupp and Meikle
355 N. 21 st Street, Suite 205
Camp Hill, P A 17011
Dated:
~/ 12~01
Joanne Harrison Clough, Esquir
AttomeyIDNo.: 36461
2331 Market Street
Camp Hill, P A 17011
(717)763-1383
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COMMONWEALTH OF PENNSYL VANIA
COUNTY OF CUMBERLAND SS:
TERRIE A. MCCOLLUM,
PlaintifflPetitioner
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 01-2267
JEFFREY L. MCCOLLUM,
Defendant/Respondent
: CIVIL ACTION - LAW
: IN DIVORCE
MOTION FOR APPOINTMENT OF MASTER
Q"t'L
AND NOW, this..J..L day of June, 2004, comes the undersigned attorney for the plaintiff and certifies to
the Court that the above action in Divorce is at issue; that no issue has been directed by the Court to be tried by jury,
and therefore respectfully moves the Court for appointment of a Master. The following matters are at issue between
the plaintiff and the defendant:
( ) Grounds for divorce; (X) Alimony Pendente lite,
( ) Support; Counsel fees;
(X) Alimony; ( ) Paternity;
(X) Eqnitable distribution of ( ) Cnstody;
property; ( ) Other
Service of the Complaint was made on the above named Defendant on
by to be determined.
An appearance on behalf of the defendant has been entered by Richard C. Rupp, Esquire, The following
attorneys have been interested in other matters arising between the Plaintiff and Defendant:
Contest
indicated.
Date: ~ - '0. O(
I
2004, fZ~~ ,
Esq., is hereby appointed aster in this proceeding to hear the testimony and return the record and a transcript to the
Court together with report and reconunendation,
Joanne Harrison Clough,
Attorney for Plaintiff
AND NOW,
BY THE COURT:
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TERRIE A. MCCOLLUM,
PlaintiH
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 01/2267
JEFFREY L. MCCOLLUM
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
ORDER OF COURT
A
AND NOW, this If day of November, 2003, upon Petition of
Richard C. Rupp, Esquire, on behalf of Defendant JeHrey L. McCollum, with
consent by Atty. Joanne Harrison Clough, counsel for PlaintiH Terrie A.
McCollum,
IT IS HEREBY ORDERED:
That the Hearing scheduled for November 18, 2003 is hereby
continued until , r1\ deiyof ~ . 2003, in
Courtroom No. ..s-- at ~:()O
J.
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TERRIE A. MCCOLLUM,
PlaintiH
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 01/2267
:
JEFFREY L. MCCOLLUM
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
PETITION FOR CONTINUANCE
AND NOW, this 14'h day of November, 2003, your Petitioner, Richard C.
Rupp, Esquire, on behalf of JeHrey L. McCollum, Defendant, being authorized
to do so, hereby Petitions this Honorable Court as follows:
1. JeHrey L. McCollum is the Defendant in the above-captioned divorce
action and is represented by Atty. Richard C. Rupp.
2. Terrie A. McCollum is the PlaintiH in the above-captioned divorce
action and is represented by Atty. Joanne Harrison-Clough.
3. The PlaintiH has filed a Petition for Interim Counsel Fees, Costs and
Expenses.
4. Upon a Rule to Show Cause, the Honorable Judge Edward E. Guido
scheduled a hearing on Atty. Clough's Petition for Tuesday, November
14, 2003, at9:00 a.m.
5. The Defendant is a federal employee and is out of state for federal
service training and is unavailable for said hearing.
6. Further, Defendant's counsel, Richard C. Rupp, is scheduled before the
Pennsylvania Superior Court Argument in another ma"er on the same
date as the scheduled hearing and is unavailable for said McCollum
hearing.
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7. Atty. Joanne Harrison-Clough has consented to the Defendant's
requested continuance of this matter.
WHEREFORE, your Petitioner on behalf of the Defendant, JeHrey L.
McCollum, respectfully requests this Honorable Court to continue this matter
from November 14, 2003, to another date which will be more convenient to
the parties.
RESPECTFULLY SUBMlnED,
By:
Richard C. Rupp
Atty. I.D. No. 34832
355 N 21"' St., Ste. 205
Camp Hill, PA 17011
717-761-3459
2
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VERIFICATION
I, RICHARD C. RUPP, hereby verify that the statements made in the
foregoing document are true and correct to the best of my knowledge,
information and belief. I understand that false statements herein are made
subject to penalties of 18 Pa. C.S. Sect. 4904 relating to unsworn falsification
to authorities.
RICHARD C. RUPP, ESQUIRE
Date: l~h"-P3
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CERTIFICATE OF SERVICE
AND NOW, this ~ay of November, 2003, I hereby certify that I
have served a copy of the within document on the following by depositing a
true and correct copy of the same in the U. S. Mail at Harrisburg,
Pennsylvania, postage prepaid, addressed to:
Joanne Harrison Clough, Esquire
Reager & Adler, P.C.
2331 Market Street
Camp Hill, PA 17011
R chard C. Rupp, Esqui
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TERRIE A. MCCOLLUM,
PlaintiH
v.
: NO. 01/2267
JEFFREY L.. MCCOLLUM
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
ORDER OF COURT
A
AND NOW, this If day of November, 2003, upon Petition of
Richard C. Rupp, Esquire, on behalf of Defendant Jeffrey L. McCollum, with
consent by Atty. Joanne Harrison Clough, counsel for Plaintiff Terrie A.
McCollum,
IT IS HEREBY ORDERED:
That the Hearing scheduled for November 18, 2003 is hereby
continued until , r1\ day of ~ .2003, in
Courtroom No...s-- at ~:()O
J.
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TERRIE A. MCCOLLUM,
PlaintifflPetitioner
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL VANIA
v,
: NO. 01.2267
JEFFREY 1. MCCOLLUM,
Defendant/Respondent
: CIVIL ACTION - LAW
: IN DIVORCE
ORDER
AND NOW, thisA9~y of IJdtJIJeA.. ,2003, upon review of the attached
Petition For Continuance, IT IS HEREBY ORDERED AND DECREED that the hearing on
Plaintiffs Petition For Interim Counsel Fees, Costs, and Expenses Award be rescheduled from
October 30, 2003 tolrt6.y of Aldv~ 20cJat ~
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TERRIE A. MCCOLLUM,
Plaintiff/Petitioner
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v,
: NO. 01-2267
JEFFREY L. MCCOLLUM,
Defendant/Respondent
: CIVIL ACTION - LAW
: IN DIVORCE
PETITION FOR CONTINUANCE
AND NOW, this ~ day of October, 2003, comes the Petitioner/Plaintiff,
Terrie A. McCollum, by and through her attorneys, Joanne Harrison Clough, Esquire, of
Reager & Adler, P.e., and respectfully files this Petition For Continuance, and in support
thereof avers as follows:
I, Petitioner Terrie A, Mccoji~mi;"~n~adult l~dividual who currently resides
at the marital residence at 99 Millers Gap Road, Enola, Cumberland County,
Pennsylvania.
2. Respondent Jeffrey L. McCollum, husband of Petitioner, is an adult
individual who currently resides at the marital residence at 99 Millers Gap Road, Enola,
Cumberland County, Pennsylvania.
3. A hearing on Plaintiffs Petition For Interim Counsel Fees, Costs, and
Expenses Award is scheduled for October 30,2003 at 8:30 a.ill.
4. Plaintiff is scheduled to be a chaperone for Bible Baptist School on a school
trip to Williamsburg, Virginia on said date and is unavailable to appear at said time,
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5. Defendant previously requested this matter be rescheduled from a prior date
and said request was granted.
6. Petitioner does not anticipate Defendant would oppose the rescheduling of
WHEREFORE, Petitioner respectfully requests this Honorable Court reschedule
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this matter. Rescheduling this hearing does not prejudice Defendant.
this matter, currently scheduled for October 30, 2003, to a new date.
DATE:
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Respectfully submitted,
REAGlj:R & ADLER, PC
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JOA
LD, No. 36461
2331 Market Street
Camp Hill, P A 17011
(717) 763-1383
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AND NOW, this
day of October, 2003, I hereby verify that I have caused a
true and correct copy of the foregoing PETITION FOR CONTINUANCE by first class mail,
postage prepaid and addressed as follows:
Jeffrey L. McCollum
c/o Richard C. Rupp, Esquire
Rupp and Meikle
355 N. 21" Street, Suite 205
Camp Hill, P A 170 II
Date:
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TERRIE A. McCOLLUM,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
01-2267 CIVIL TERM
JEFFREY L. McCOLLUM,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
ORDER OF COURT
AND NOW, this 1st day of December, 2003, after
hearing, the Petition For Interim Counsel Fees and expenses is
denied insofar as the Master shall determine the appropriateness
of the award of counsel fees and expenses.
Provided however, that husband is directed to
make arrangements with Harry Leister to have his pension
evaluated. Said arrangements shall be made within 10 days of
today's date. Husband shall pay the costs involved in obtaining
said evaluation, and the Master shall decide on the proper
allocation of those costs.
Provided further, that husband shall cooperate
with wife in signing any papers necessary to allow her to borrow
up to $5,000.00 from Members 1st so that she can finance the
balance of her own legal fees and costs in this matter. The
Master shall then determine the appropriate allocation of that
debt.
J.
v.foanne Harrison Clough, Esquire
Attorney for Plaintiff
vRichard C. Rupp, Esquire
Attorney for Defendant
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TERRIE A. MCCOLLUM,
PlaintiH
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
.
.
v.
: NO. 01/2267
JEFFREY L. MCCOLLUM
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
ORDER OF COURT
AND NOW, this
f" day of October, 2003, upon Petition of Richard
C. Rupp, Esquire, on behalf of Defendant JeHrey L. McCollum, with consent by
Atty. Joanne Harrison Clough, counsel for PlaintiH Terrie A. McCollum,
IT IS HEREBY ORDERED:
That the Hearing scheduled for October 9, 2003 is hereby
continued until 3.1ft day of 0 ~ . 2003, in
Courtroom No. S- at 8':l' 0' . m.
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TERRIE A. MCCOLLUM,
PlaintiH
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
.
.
v.
: NO. 01/2267
JEFFREY L. MCCOLLUM
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
PETITION FOR CONTINUANCE
AND NOW, this 6th day of October, 2003, your Petitioner, Richard C.
Rupp, Esquire, on behalf of JeHrey L. McCollum, Defendant, being authorized
to do so, hereby Petitions this Honorable Court as follows:
1. JeHrey L. McCollum is the Defendant in the above-captioned divorce
action and is represented by Atty. Richard C. Rupp.
2. Terrie A. McCollum is the PlaintiH in the above-captioned divorce
action and is represented by Atty. Joanne Harrison-Clough.
3. The PlaintiH has filed a Petition for Interim Counsel Fees, Costs and
Expenses.
4. Upon a Rule to Show Cause, the Honorable Judge Edward E. Guido
scheduled a hearing on Atty. Clough's Petition for Thursday, October 9,
2003, at 1 :00 p.m.
5. The Defendant is a federal employee and is in Oklahoma the entire
week of October 6 - October 10 and is unavailable for said hearing.
6. Atty. Joanne Harrison-Clough has consented to the Defendant's
requested continuance of this matter.
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WHEREFORE, your Petitioner on behalf of the Defendant, JeHrey L.
McCollum, respectfully requests this Honorable Court to continue this matter
from October 9, 2003, to another date which will be more convenient to the
parties.
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RESPECTFULLY SUBMlnED,
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Richard C. upp
Atty. I.D. No. 34832
355 N 21"' St., Ste. 205
Camp Hill, PA 17011
717-761-3459
.
VERIFICATION
I, RICHARD C. RUPP, hereby verify that the statements made in the
foregoing document are true and correct to the best of my knowledge,
information and belief. I understand that false statements herein are made
subject to penalties of 18 Pa. C.S. Sect. 4904 relating to unsworn falsification
to authorities.
Date: ();,J"., , ,u-...l
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RICHARD C. RUPP, ESQUIRE
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CERTIFICATE OF SERVICE
AND NOW, this ~day of October, 2003, Ilhereby certify that I
have served a copy of the within document on the following by depositing a
true and correct copy of the same in the U. S. Mail at Harrisburg,
Pennsylvania, postage prepaid, addressed to:
Joanne Harrison Clough, Esquire
Reager & Adler, P.C.
2331 Market Street
Camp Hill, PA 17011
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In the Court of Common Pleas of CUMBERLAND County, Pennsylvania
DOMESTIC RELATIONS SECTION
TERRIE A. MC COLLUM ) Docket Nwnber 01-2267 CIVIL
Plaintiff )
vs. ) PACSES Case Number 538104925/D32128
JEFFREY L. MC COLLUM )
Defendant ) Other State ID Nwnber
ORDER
AND NOW, to wit on this 21ST DAY OF NOVEMBER, 2002
IT IS HEREBY
ORDERED that the 0 Complaint for Support or 0 Petition to Modify or GY Other
A~L CONFERENCE REQUEST
fIled on OCTOBER 4, 2002
in the above captioned
matter is dismissed without prejudice due to:
THE PLAINTIFF WITHDRAWING HER REQUEST FOR AN ALIMONY PENDENTE LITE CONFERENCE.
o The Complaint or Petition may be reinstated upon written application of the plaintiff
petitioner.
BY THE COURT:
DRO: RJ Shadday
xc: plaintiff
defendant
Joanne Clough, Esquire
Richard Rupp, Esquire
JUDGE
IiIAlL1!JeJ
Ir"d.C;-(j;)-
Service Type M
Form OE.506
Worker ID 21005
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Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL VANIA
TERRIE A. MCCOLLUM,
v.
: NO. 01-2267
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
JEFFREY 1. MCCOLLUM,
RULE TO SHOW CAUSE
AND NOW, this
2-'3~
day of ~ 0-....0.,
,2003, upon review of
the attached Motion, a Rule is hereby issued against Respondent Jeffrey 1. McCollum, to show
cause, if any, why Movant Terrie A. McCollum's Motion to Compel Discovery Responses
should not be granted.
Rule returnable within ~ days of date of service.
BY THE COURT:
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Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL VANIA
TERRIE A. MCCOLLUM,
v,
: NO. 01-2267
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
JEFFREY L. MCCOLLUM,
ORDER
AND NOW, upon consideration of the attached Motion To Compel Discovery
Responses, the Respondent, Jeffrey L. McCollum, is hereby ORDERED to file Defendant's
Responses to Plaintiffs Request for Production of Documents and Defendant's Answers to
Plaintiffs First Set ofInterrogatories within fifteen (15) days of the date of this Order.
BY THE COURT:
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Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
TERRIE A. MCCOLLUM,
v.
: NO. 01-2267
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
JEFFREY 1. MCCOLLUM,
MOTION TO COMPEL DISCOVERY RESPONSES
AND NOW comes Plaintiff, Terrie A. McCollum, by and through her counsel, Reager &
Adler, P.C., and moves this Court to compel discovery responses as follows:
1. Movant is Terrie A. McCollum, an adult individual residing at 99 Millers Gap
Road, Enola, Cumberland County, Pennsylvania 17025.
2. Respondent is Jeffrey 1. McCollum, an adult individual residing at 99 Millers
Gap Road, Enola, Cumberland County, Pennsylvania 17025.
3. The parties are husband and wife having been married on October 31,1987.
4. A complaint in this matter was filed on April 18, 2001 by Respondent raising an
issue of equitable distribution of marital property, Alimony, Alimony Pendente Lite and counsel
fees, costs and expenses.
5. Movant raised the issues of equitable distribution, alimony, alimony pendente
lite and attorney fees and costs in this action.
6. On November 20,2002, Movant issued Request for Production of Documents
and Interrogatories upon Respondent. A copy of the Request for Production of Documents and
Interrogatories are attached hereto as Exhibit "A."
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7. Respondent's counsel has been reminded that his discovery answers remained
outstanding.
8. Pursuant to the Rules of <:;ivil Procedure, Respondent had 30 days in which to
reply to said discovery responses.
9. To date, Respondent has failed to respond to Movant's discovery requests.
WHEREFORE, Movant requests this Honorable Court to compel Respondent to file an
answer to her discovery requests within 15 days of the filing of this Motion.
Respectfully submitted,
REAGER & ADLER, PC
JOANNE HARRISON C
I.D. No. 36461
2331 Market Street
Camp Hill, P A 17011
(717) 763-1383
DATED: \~2--\-'03
By:
Attorneys for Plaintiff
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CERTIFICATE OF SERVICE
AND NOW, this '1-1 ,;>r day of January, 2003, I hereby verify that I have caused a true
and correct copy of Movant's Motion to Compel Discovery Responses, to be placed in the D.S,
mail, first class, postage prepaid and addressed as follows:
Richard C. Rupp, Esquire
Rupp and Meikle
355 N. 21" Street, Suite 205
Camp Hill, PA 17011
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TERRIE A. McCOLLUM,
PlaintifflPetitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
CIVIL ACTION - DIVORCE
JEFFREY L. McCOLLUM,
Defendant!Respondent
NO.2001-2267 CIVIL TERM
IN DIVORCE
DR# 32128
PacseS# 538104925
ORDER OF COURT
AND NOW, this 2200 day .of Octaber, 2002, upon ~onsideration of the attached Petition far
Alimany Pendente Lite and/ar counsel fees, it is hereby directed that the parties and their respective
counsel appear befare &.1.. Shaddav an November 21. 2002 at 10:30 A.M. . fora conference, at 13 N.
Hanover St., Carlisle, PA 17013, after which the conference .officer may recommend that an Order far
Alimany Pendente Lite be entered,
YOU are further .ordered ta bring ta the conference:
(I) a true copy afyaur mast recent Federal Incame Tax Return, including W-2's as filed
(2) yaur pay stubs farthe preceding six (6) manths
(3) the Income and Expense Statement attached to this .order, completed as required by Rule
1910.11@
(4) verificatian of child care expenses
(5) proof .of medical coverage which yau may have, .or may have available ta yau
IF you fail ta appear far the conference .or bring the required documents, the Caurt may issue a
warrant far yaur arrest.
. BY THE COURT,
George E. Haffer, President Judge
Mail capies an Petitianer
10-22-02 to: < Respondent
Jaanne Claugh, Esquire
Richard Rupp, Esquire
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Date .of Order: October 22, 2002
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YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND
REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO
OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET
LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVE.
CARLISLE, PENNSYLVANIA 17013
(717) 249-3166
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND SS:
Terrie A. McCollum
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
Plaintiff
v.
Jeffrev L. McCollum
NO. 01-2267
Defendant
MOTION FOR APPOINTMENT OF MASTER
AND NOW, this _ day of November, 2002, comes the undersigned attorney for the plaintiff, Terrie A,
McCollum and certifies to the Court that the above action in Divorce is at issue; that no issue has been directed by
the Court to be tried by jury, and therefore respectfully moves the Court for appointment of a Master. The following
matters are at issue between the plaintiff and the defendant:
(x) Grounds for divorce; (x) Alimony Pendente lite,
(x) Support; Counsel fees;
(x) Alimony; ( ) Paternity;
(x) Equitable distribution of ( ) Custody;
property; ( ) Other
Service of the complaint was made on the above named defendant on
by to be determined
(personal service, publication, etc.)
An appearance on behalf of the defendant has been entered by Richard C. RUDD_ ESQuire. The following
attorneys have been interested in other matters arising between the plaintiff and defendant: NE.
/
,
Contest
indicated.
AND NOW, ':;3......, -~~_"') ,;Z;;z.. ,2002_,
, Esq" is hereby appointed Master in this proceeding to rlear the test
and a transcript to the Court together with report and recommendation.
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Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
TERRIE A. MCCOLLUM,
v.
: NO. 01-2267
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
JEFFREY L. MCCOLLUM,
PRAECIPE
Please discontinue our request for a conference on Petitioner Terri A. McCollum's
Request for Alimony Pendente Lite.
Respectfully Submitted,
GER & ADLER,
Dated: \\ v LA.v - 0 1/
Jo arrison Clou ,
Attorneys for Plaintiff
Attorney LD. No.: 3646
2331 Market Street
Camp Hill, P A 17011
717-763-1383
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: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL VANIA
TERRIE A. MCCOLLUM,
v.
: NO. 01-2267
JEFFREY 1. MCCOLLUM,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
CERTIFICATE OF SERVICE
I, Joanne Harrison Clough, Esquire ofREAGER & ADLER, P.C. do hereby certify that I
served a copy of the Praecipe on Richard Rupp, Esquire, counsel for Defendant, Jeffrey 1.
McCollum, on the 2it!!:day of November, 2002. Said Praecipe was mailed to Defendant by
depositing a true and exact copy thereof in the United States mail, first class, addressed as
follows:
Richard C. Rupp, Esquire
Rupp and Meikle
355 N. 21" Street, Suite 205
Camp Hill, PA 17011
Date: \\. -w ~ o'J/
Joa e Harrison Clough, s
REAGER & ADLER, P.C.
2331 Market Street
Camp Hill, PA 17011-4642
Telephone No. (717) 763-1383
Atty. Id. No. 36461
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Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
TERRIE A. MCCOLLUM,
v.
: NO. 01-2267
JEFFREY 1. MCCOLLUM, : CIVIL ACTION - LAW
Defendant : IN DIVORCE
ORDER
AND NOW, this / ~ t:A day of July, 2002, upon review of the attached Petition to
Reschedule Hearing on Petition for Special Relief, IT IS HEREBY ORDERED AND DECREED
that the hearing previously scheduled for April 11, 2002 shall now be scheduled for the
~t/. day oJllY-LnJvc. 2002, at fl : 30~. in Courtroom No.5.
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: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
TERRIE A. MCCOLLUM,
v.
: NO. 01-2267
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
JEFFREY 1. MCCOLLUM,
PETITION TO RESCHEDULE HEARING ON PETITION FOR SPECIAL RELIEF
AND NOW, this C( {I/\ day of July, 2002, comes the Petitioner Plaintiff Terrie A.
.
McCollum by and through her attorneys Joanne Harrison Clough, Esquire and Reager & Adler, P.C.
and respectfully avers as follows:
I. On March 22, 2002, Petitioner Terrie A. McCollum, through her previous attorney,
filed a Petition for Special Relief requesting the Court grant her exclusive possession of the marital
residence during the pendency of the parties divorce action. A true and correct copy of said Petition
is attached hereto, made part of and incorporated by reference as Exhibit I.
2. On March 27,2002, the Court entered an Order scheduling this matter for a hearing
before the Court on April II , 2002 before the Honorable Edward E. Guido. A true and correct copy
of said Order is attached hereto, made part of and incorporated by reference as Exhibit 2.
3, On or about April 10, 2002, the parties agreed to generally continue the scheduled
hearing in an attempt to resolve this matter by agreement.
4, On April 15, 2002, the Court entered an Order generally continuing the April 10,
2002 scheduled hearing. A true and correct copy of said Order is attached hereto, made part of and
incorporated by reference as Exhibit 3.
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5. The parties have not been able to reach an amicable agreement regarding this issue
and therefore Petitioner Terrie A. McCollum respectfully requests the Court reschedule her Petition
for Special Relief.
WHEREFORE, Petitioner Terrie A. McCollum respectfully requests this Honorable Court
to reschedule a hearing on the Petition for Special Relief and further requests that after a hearing on
this matter she be granted exclusive possession of the marital residence pending the resolution of the
parties divorce action,
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Date:~
Respectfully submitted,
REAfER & ADLER, ~
By:
Joanne Hamson Clough, Es uire
ID #36461
2331 Market Street
Camp Hill, P A 17011
717-763-1383
Attorneys for Plaintiff
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TERRIE A. MCCOLLUM,
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND C@UNTY, PENNSYLVANIA
v.
NO. 01 - 2267 CIVIL TERM
JEFFREY L. MCCOLLUM,
DEFENDANT
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AND NOW comes the Petitioner, Terrie A. McColl~ br.
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through her attorney, Thomas D. Gould, and files this Petltlon
IN DIVORCE
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PETITION FOR SPECIAL RELIEF
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for
Special Relief pursuant to Pa. R.C.P. Section 1920.43 to grant her
exclusive possession of the marital home.
1. The Petitioner is Terrie A. McCollum, who is residing in
the marital home at 99 Millers Gap Road, Enola, Cumberland County,
Pennsylvania 17025 which is jointly owned by the parties.
2. The Respondent is Jeffrey L. McCollum, who resides at 99
Millers Gap Road, Enola, Cumberland County, pennsylvania 17025.
3 . Petitioner and Respondent have two children, Travis
Jeffrey McCollum, DOB 6/15/88, and Erin Katherine McCollum, DOB
6/8191-
4. Petitioner has been the primary care giver for the
children throughout their lives.
5. The Petitioner and Respondent were married on October 31,
1987.
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6. The Petitioner filed a complaint in divorce under section
3301(c) on April 12, 2001.
7. In her complaint the Petitioner alleges that respondent
subjected her to indignities and requested support, APL and
alimony.
8. Respondent has subjected Petitioner and the children to
physical and emotional abuse.
9. In April 2001 Petitioner sought the assistance of Legal
Services for Respondent's abusive actions.
10. Legal Services sent Respondent a ~Warning" letter
advising him to stop his abusive and inappropriate behavior.
11. Following receipt of the ~Warning" letter Respondent
promised to seek counseling.
12. Respondent has failed to seek or attend counseling.
13. Although Respondent has not physically assaulted
Petitioner or the children since April 2001, he has relapsed into
his other inappropriate conduct.
14. Due to significant medical problems, Petitioner has been
unable to work full time for a number of years.
15. An APL hearing was scheduled for November 8, 2001.
16. The APL hearing was continued with the understanding that
Respondent would remove himself from the marital home and pay a
mutually agreeable amount in support/APL.
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17. Discussions following the continued APL hearing have not
resulted in Respondent leaving the marital home or the payment of
APL.
18. The tension within the marital home has risen to an
unhealthy level for Petitioner and the children.
19. Respondent has alternative housing available from family
members.
20. Petitioner
and the
children have
no
reasonable
alternative housing available.
21. Respondent is represented by attorney Richard Rupp.
22. Petitioner's counsel has contacted attorney Rupp's
office, but Mr. Rupp has not responded.
WHEREFORE, Petitioner requests that this honorable court grant
her exclusive possession of the marital home.
Respectfully submitted,
Thomas D. Gould
Attorney for Petitioner
1.D. # 36508
2 East Main Street
Shiremanstown, PA 17011
(717) 731-1461
Fax 761-1974
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VERIFICATION
I verify that the statements made in this Petition For Special
Relief are true and correct. I understand that false statements
herein are made subject to the penalties of 18 Pa. C.S.
4904,
relating to unsworn falsification to authorities.
Date:qQ,/makll..,LqDO;l., ~_ 7I2(l~
L Terrie ~. {~~conum '-""
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TERRIE A. MCCOLLUM,
, PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
:
v.
NO. 01 - 2267 CIVIL TERM
JEFFREY L. MCCOLLUM,
. DEFENDANT
:
IN DIVORCE
ORDER
AND
NOW
this
~ 7-tA day of mAAc.A
,
2002,
upon
consideration of the foregoing petition, it is hereby ordered that:
d . -"'.'~'1.~q' A-rule. is".'.issuedupon the respondent to'show cause why.
the petitioner is not entitled to the re~ief_req~ested;
2. The respondent shall file an . answer, to the petition
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6. Notice of the entry of this order shall be provided to
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: IN THE COURT OF COMMON PLEAS
: CUMBERlAND COUNlY, PENNSYLVANIA
: NO. 01-2267 CIVIL TERM
TERRIE A. MCCOLLUM,
Plaintiff
IEFFIlEY L MCCOLLUM,
Defendant
. IN DIVGR€C
ORDER OF COURT
And now this 15 ~ day of April 2002, upon agreement of counsel for both
parties, IT IS HEREBY ORDERED that the heoring. previously scheduled for April 11,
2002 ot 11 :30 a.m. is generally continued.
Said hearing may be rescheduled upon request of either party at any time
hereafter.
Edward E. Guido, J.
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VERIFICATION
I, Terrie A. McCollum, verify that the statements made in the foregoing document are
true and correct to the best of my knowledge, information and belief.
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.
Date: 7 JI /02-
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Terrie A. McCollum ~
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CERTIFICATE OF SERVICE
AND NOW, this q~ dayof
, 2002, I hereby verifY that I have
caused a true and correct copy of the foregoing PETIT N TO RESCHEDULE HEARING ON
PETITION FOR SPECIAL RELIEF by first class mail, postage prepaid and addressed as follows:
Jeffrey 1. McCollum
c/o Richard C. Rupp, Esquire
Rupp and Meikle
355 N. 21st Street, Suite 205
Camp Hill, PA l701l
, ESQUIRE
Date:] -7 - Q L--
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: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 01-2267 CIVil TERM
TERRIE A MCCOllUM,
Plaintiff
JEFFREY L. MCCOLLUM,
Defendant
: IN DIVORCE
ORDER OF COURT
~
And now this I~ day of April 2002, upon agreement of counsel for both
parties, IT IS HEREBY ORDERED that the hearing previously scheduled for April 11 ,
2002 at 11 :30 (I.m. is generally continued.
Said hearing may be rescheduled upon request of either party at any time
hereafter.
Edward E. Guido, J.
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LAW OFFICES
RUPP AND MEIKLE
HERBERT G. RUPP, JR.
RICHARD C, RUPP
A PROFESSIONAL CORPORATION
356 NORTH 21ST STREET, SUITE 205
CAMP HILL, PA 17011
(717) 761-3469
E-MAIL: RUPPLAW1@AOL.COM
MAILING ADDRESS
P.O. BOX 896
CAMP HILL, PA 17001.0896
ANN MEIKLE ERIKSSON (1964-82)
April 1 0, 2002
TELEFAX: (717) 780-0214
The Honorable Edward E. Guido
Court of Common Pleas Judge
Court of Common Pleas of Cumberland County
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
Re: Terrie A. McCollum. Plaintiff v.
Jeffrey L. McCollum. Defendant
In the Court of Common Pleas,
Cumberland County, PA
No. 01-2267 Civil Term - In Divorce
General Continuance
Dear Judge Guido:
Per consent of both legal counsel for the parties, Terrie McCollum, Plaintiff,
and Jeffrey McCollum, Defendant, the parties have agreed to a general continuance
of this Honorable Court's Order scheduling a hearing on a Petition for Special Relief
filed by Plaintiff.
The continuance is to allow the parties to attempt to resolve their marital
differences amicably and by agreement. As such, we are requesting that the matter
could be rescheduled by either party's request at any time_
Both Mr. Gould and myself appreciate the Court's assistance in this matter.
Please find enclosed a proposed Court Order to generally continue the matter.
(Richard C. Rupp
Thank you.
RCRllin
cc: Thomas D. Gould, Esquire
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TERRIE A_ MCCOLLUM,
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 01 - 2267 CIVIL TERM
JEFFREY L. MCCOLLUM,
DEFENDANT
IN DIVORCE
TO THE PROTHONOTARY:
WITHDRAHAL OF APPEARANCE
Please withdrawal my appearance in the above captioned matter.
Date:
t - S-~ 0 L
1J.z-,.C?~. J'tJt9'&t.~~
Thomas D. Gould, Esquire
1. D. # 36508
2 East Main Street
Shiremanstown, PA 17011
ENTRY OF APPEARANCE
Joanne Harrison Clou
1. D. # 36461
2331 Market Street
Camp Hill, PA 17011
(717) 763-1383
Terrie
Please enter my appearance on behal
A. McCollum, in the above captioned matt
Date:
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TERRIE A. MCCOLLUM,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 01-2267 CIVIL TERM
JEFFREY L. MCCOLLUM,
Defendant
IN DIVORCE
DEFENDANT'S ANSWER TO PETITION FOR SPECIAL RELIEF
AND NOW comes the Respondent, Jeffrey L. McCollum, Defendant in the
above captioned divorce action, by and through his attorney, Richard C. Rupp, and
files this Answer to Petition for Special Relief.
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted in part and denied in part. It is admitted that Petitioner has been
one of the primary care givers for the parties' children. It is denied that
Petitioner has been the sole primary care giver for their children. To the
contrary, both Petitioner and Respondent have been the primary care givers
for their children throughout their lives.
5. Admitted.
6. Admitted.
7. Admitted.
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8. Denied. It is denied the Respondent has subjected Petitioner and their
children to physical and emotional abuse. To the contrary, it has been the
Petitioner who has subjected the Respondent to physical and emotional abuse
and who has subjected the children to emotianal abuse.
9. Admitted in part and denied in part. It is admitted that in April 2001 Petitioner
may have contacted Legal Services. It is denied that Respondent engaged in
any abusive actions toward Petitioner. To the contrary, Respondent has only
ever defended himself and has never been abusive toward his wife, the
Petitioner.
10. Admitted in part and denied in part. It is admitted that Legal Services, based
on the report of the Petitioner, sent the Respondent some form of "warning"
letter. It is denied that Respondent has been engaged in abusive and
inappropriate behavior. To the contrary, Respondent has always been good to
his wife, the Petitioner, and has not engaged in abusive or inappropriate
behaviors.
11. Denied. It is denied that following the receipt of the "warning" letter
Respondent promised to seek counseling. To the contrary, Respondent
suggested to Petitioner that the parties together seek marital counseling which
the Petitioner rejected as she did not want the marriage to continue and
disagreed with marital counseling. Petitioner agreed to consider counseling
generally but previously in connection with keeping the marriage going. The
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Petitioner rejected keeping the marriage going and Respondent determined
that counseling was not needed or appropriate.
12. Admitted in part and denied in part. It is admitted that Respondent did not go
to counseling. It is denied that Respondent needed counseling. To the
contrary, Respondent believes he did not need counseling for himself.
13. Admitted in part and denied in part. It is admitted that Respondent has not
physically assaulted Petitioner or their children since Apri12001. It is admitted
that Respondent has not physically assaulted the Petitioner or their children
before April 2001. It is denied that Respondent has relapsed into his other
inappropriate conduct. To the contrary, this allegation is completely vague
and cannot be responded to, and, therefore, it is denied. In the alternative,
Respondent denies whatever inappropriate conduct is alleged by this vague
allegation.
14. Denied. It is denied that due to significant medical problems Petitioner has
been unable to work full time for a number of years. To the contrary,
Petitioner is able to work and she has been working part-time in a physically
active job of performing cleaning services. Further, Petitioner has been telling
Respondent she would obtain full time employment.
15. Denied. It is denied that an APL hearing was scheduled for November 8,
2001. To the contrary, it is believed that it was a spousal support hearing
which was scheduled for November 8, 2001.
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16. Denied. It is denied that an APL hearing was continued that Respondent
would remove himself from the marital home and pay a mutual agreeable
amount in support/APL. To the contrary, no APL hearing was continued. It is
believed that a spousal support hearing was continued because Respondent
was still living in the household and supporting the household by paying the
household bills. Separately, there had been discussion between Respondent
and Petitioner that the parties would begin discussions to resolve the divorce
proceeding which if resolved would lead to Respondent separating from
Petitioner. But, on that regard, it had no relationship to the continuance for
the spousal support hearing, nor had Respondent agreed to pay the Petitioner
support or APL. To the contrary, Respondent does not beli~ve he should have
to pay spousal support or APL to Petitioner and intends to contest any such
demand by Petitioner. Furthermore, it is believed that it is the support issue
which is driving the Petition for Special Relief not any form of protection for the
Petitioner or the parties' children.
17. Admitted in part and denied in part. It is admitted that discussions following
the continued hearing have not resulted in Respondent leaving the marital
home or the payment of APL. It is denied that there were any serious
discussions whatsoever following the continued hearing. To the contrary, the
parties have been simply cohabitating while living separately within the
marital home. Further, it is denied that the discussions related to the
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continuance of the hearing. To the contrary, these discussions did not relate
to the continuation of the hearing.
18. Denied. It is denied that the tension in the marital home has risen to an
unhealthy level for Petitioner and their children. To the contrary, Respondent
does not cause any tension to Petitioner nor their children. The Respondent
enjoys a very loving relationship with his children. It is the Petitioner who may
have some mental difficulties and is perceiving her own tension or is causing
her own tension.
19. Denied. The averment in Paragraph 19 is irrelevant and is therefore denied.
20. After reasonable investigation Respondent is without sufficient knowledge to
make an answer to this averment and, therefore, it is denied and strict proof
at trial is required.
21. Admitted.
22. Admitted in part and denied in part. It is admitted that Petitioner's counsel
contacted Attorney Rupp in early March with respect to the continuation of the
support conference. Both legal counsel realized that the support conference
was going to be dismissed because no further action had occurred whereby
neither party had relinquished the marital residence and, therefore, since
Respondent was still in the marital residence, still supporting the marital
residence, still paying the bills that operated the marital residence, the support
conference was moot and could not proceed and, therefore, to the chagrin of
the Petitioner the support conference was going to be dismissed from the
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docket. When Petitioner's counsel initially contacted Attorney Rupp's office,
Petitioner's counsel did not make it known that it was for agreement or
disagreement with a proposed Petition for Special Relief. It is the belief of the
Respondent that this matter is based upon Petitioner's desire to solely have
Respondent out of the marital residence in order that she may receive both
child support and spousal support and that is the sole driving issue in this
case.
WHEREFORE, Respondent requests that this honorable court deny Petitioner's
Petition for Special Relief and dismiss it with prejudice.
Respectfully submitted
By:
Ric C. Rupp, Esquire
Attorney 1.0. No.: 34832
355 North 21" Street, Suite 205
Camp Hill, PA 17011
(717)761-3459
Attorney for Defendant/Respondent
Date: April 9, 2002
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VERIFICATION
I, JEFFREY L. McCOLLUM, verify that the statements in the foregoing Answer to
Petition for Special Relief are true and correct to the best of my knowledge, information
and belief. I understand that false statements herein are made subject to penalties of
18 Pa. C.S. 94904 relating to unsworn falsification to authorities.
~d.n1~~~.
F McCOLLUM
Date: &of I 'if ;j,OD )..
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CERTIFICATE OF SERVICE
I, Richard C. Rupp, Esquire, do hereby certify that I am serving a true and correct
copy of the foregoing Answer to Petition for Special Relief upon the person(s) named
below by placing the same in the United States Mail, First Class, Postage Prepaid on the
date stated below.
Thomas D. Gould, Esquire
2 East Main Street
Shiremanstown, PA
Richard C. Rupp Esquire
Attorney 1.0.# 34832
355 North 21st Street, Suite 205
Camp Hill, Pennsylvania 17011
(71 7) 761 -3459
Dated: April 9, 2002
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MAY 06 2004 Y
TERRIE A. MCCOLLUM,
P1aintiffi'Petitioner
; IN THE COURT OF COMMON PLEAS
; CUMBERLAND COUNTY, PENNSYLVANIA
v.
; NO. 01-2267
JEFFREY L. MCCOLLUM,
DefendantJRespondent
; CIVIL ACTION - LAW
: IN DIVORCE
RULE ABSOLUTE
AND NOW, this II J/A.. day Of~, 2004, upon review of the attached
Petition To Make R.ule Absolute, and upon a finding that the Defendant Respondent Jeffrey L.
McCollum failed to file a timely response to this Court's Rule To Show Cause issued on Apri121,
2004, said Rule to Show Cause is made absolute and Defendant Jeffrey L. McCollum is held to be
in Contempt of this Court's Order of December 1, 2003. "" c::r
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TERRlE A. MCCOLLUM,
Plaintiff/Petitioner
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 01-2267
JEFFREY L. MCCOLLUM,
DefendantJRespondent
: CNIL ACTION - LAW
: IN DIVORCE
PETITION TO MAKE RULE ABSOLUTE
AND NOW, this 111 day of May, 2004 comes Terri McCollum by and through her
counsel Joanne Harrison Clough, Esquire and Reager & Adler, PC, and files this Petition to
make Rule Absolute and in support thereof avers as follows:
1. Petitioner Terri McCollum is an adult individual currently residing at 99 Millers
Gap Road, Enola, Cumberland County, Pennsylvania.
2. Respondent Jeffrey L. McCollum, husband of Petitioner, is an adult individual
currently residing at 99 Millers Gap Road, Enola, Cumberland County, Pennsylvania. He is
represented by Richard Rupp, Esquire.
3. Petitioner filed a divorce action against Respondent on April 18, 2001.
4. Petitioner filed a Petition for Interim Counsel Fees and Costs and Expense Award
in September 2003.
5, A hearing on Petition for Interim Counsel Fees and Costs and Expenses was held
before Judge Guido on December 1,2003,
6. An Order of Court was issued on December I, 2003 specifically directing in part
that Respondent forward monies to Harry Leister at Conrad Seigel to obtain a valuation of
the marital portion of Respondent's pension. A true and correct copy of said Court Order is
attached hereto and made part of and incorporated by reference as Petitioner's Exhibit "A."
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7. Despite repeated requested by Petitioner to respond to counsel, no pension
valuation has been provided,
8. Petitioner cannot list this matter for a Master's hearing until she receives a copy
of the pension valuation Respondent was ordered by this Court to obtain.
9. Petitioner filed a Petition For Contempt on April 15, 2004 for Defendant's failure
to provide the pension valuation as directed in the December 1, 2003 Order.
10. A Rule to Show Cause was issued by the Court on April 21 s" 2004 directing the
Defendant Respondent Jeffrey L. McCollum to show cause, if any, why he should
not be found in Contempt of the December 1, 2003 Court Order and why he
should not be directed to provide the pension valuation to Petitioner's counsel
within 14 days and to show cause why he should not be directed to reimburse
Petitioner for all her reasonable counsel fees, costs and expenses incurred as a
result of his breach of the December 1, 2003 Court Order. A true and correct
copy ofthe Petition for Contempt and Rule To Show Cause are attached hereto as
Petitioner's Exhibit B. Said Rule was returnable within ten days of date of
service.
11. Said Rule to Show Cause was served on the Defendant by the Prothonotary of
Cumberland County mailing said Rule to Defendant at his attorney's office in the
preaddressed stamped envelope provided at the time of the filing of the Petition
For Contempt.
12. More than ten days have elapsed since the service of said Rule on Defendant and
no response been filed with the Court and Defendant's counsel has forwarded no
pension valuation to Plaintiffs counsel.
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WHEREFORE, Petitioner Plaintiff Terrie A. McCollum requests this Honorable
Court enter an Order making the April 21, 2004 Rule to Show Cause Absolute, and
declare the Defendant Jeffrey L. McCollum 'to be in Contempt of Court and direct him to
provide the pension valuation within 14 days and further direct him to reimburse
Petitioner Plaintiff all reasonable counsel fees, costs and expenses she incurred as a result
of his breach of the December 1, 2003 Court Order and grant any further relief this Court
deems appropriate.
Respectfully submitted,
Date:
S-l{- O~
Joann arrison Clough, Esqu' e
Attorney ill No.: 36461
2331 Market Street
Camp Hill, P A 17011
(717) 763-1383
Counsel for P1aintiffi'Petitioner Terri A. McCollum
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VERIFICATION
I, Joanne Harrison Clough, verify that the statements made in the foregoing document are
true and correct to the best of my knowledge, information and belief.
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.
Date:
5' ~4/ O~
JO
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v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
01-2267 CIVIL TERM
TERRIE A. McCOLLUM,
Plaintiff
JEFFREY L. McCOLLUM,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
ORDER OF COURT
AND NOW, this 1st day of December, 2003, after
hearing, the Petition For Interim Counsel Fees and expenses is
denied insofar as the Master shall determine the appropriateness
of the award of counsel fees and expenses.
Provided however, that husband is directed to
make arrangements with Harry Leister to have his pension
evaluated. Said arrangements shall be made within 10 days of
today's date. Husband shall pay the costs involved in obtaining
said evaluation, and the Master shall decide on the proper
allocation of those costs.
Provided further, that husband shall cooperate
with wife in signing any papers necessary to allow her to borrow
up to $5,000.00 from Members 1st so that she can finance the
balance of her own legal fees and costs in this matter. The
Master shall then determine the appropriate allocation of that
debt.
By the Court
~anne Harrison Clough, Esquire
Attorney for Plaintiff
Richard C. Rupp, Esquire
Attorney for Defendant
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TERRlE A. MCCOLLUM,
PlaintiffiPetitioner
: IN THE COURT OF COM}dON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 01:2267
: CIVIL ACTION - LAW
: IN DIVORCE
JEFFREY L. MCCOLLUM,
Defendant/Respondent
AND NOW, this
RULETO SHOW CAUSE
;J.jS7 day ofl1lk, . L ,2004, in review of the attached
Petition for Contempt, a rule is hereby issued against Respondent Jeffrey McCollum to show
cause, if any, why he should not be found in contempt of this Court's Order of December 9, 2003,
and why he should not be directed to provide the pension valuation as Ordered by this Court to
Petitioner's counsel within 14 days and why he should not be directed to reimburse petitioner all
reasonable coUnsel fees and costs and expenses she has incurred as a result of his breach of this
Court's Order.
Rule retumable within
It>
days of date of service.
J.
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TERRIE A. MCCOLLUM,
Plaintiffi'Petitioner
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 01-2267
JEFFREY L. MCCOLLUM,
Defendant/Respondent
:, CIVIL ACTION - LAW
: IN DIVORCE
PETITION FOR CONTEMPT
AND NOW, this ~ day of ~, 2004 comes Terri McCollum by and
through her counsel Joanne Harrison Clough, Esquire and Reager & Adler, PC, and files this
Petition for Contempt and in support thereof avers as follows:
1. Petitioner Terri McCollum is an adult individual currently residing at 99 Millers
Gap Road, Enola, Cumberland County, Pennsylvania. Q @,
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Respondent Jeffrey L. McCollum, husband of Petitioner, is an adult ~1Yid~
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currently residing at 99 Millers Gap Road, Enola, Cumberland County, Pennsylv~ H~s
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Petitioner filed a divorce action against Respondent ort April 18, 2001.
2.
represented by Richard Rupp, Esquire.
3.
4. Petitioner filed a Petition for Interim Counsel Fees and Costs and Expense Award
in September 2003.
5. A hearing on Petition for Interim Counsel Fees and Costs and Expenses was held
before Judge Guido on December 1, 2003.
6. An Order of Court was issued on December 9, 2003 specifically directing in part
that Respondent forward monies to Harry Leister at Conrad Seigel to obtain a valuation of
the marital portion of Respondent's pension. A true and correct copy of said Court Order is
attached hereto and made part of and incorporated by reference as Petitioner's Exhibit "A."
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7. Despite repeated requested by Petitioner to respond to counsel, no pension
valuation has been provided,
8. Petitioner cannot list this matterJor a Master's hearing until she receives a copy
of the pension valuation Respondent was ordered by this Court to obtain.
9. Respondent's actions are delaying the Petitioner's ability to move this matter
towards a Master' s trial and final conclusion.
10. Respondent's behavior is violating this Court Order of December 9, 2003 and is
causing Petitioner to incur additional counsel fees and costs and expenses.
WHEREFORE, it is respectfully requested that this Honorable Court finds Respondent in
contempt of the Court Order dated December 9, 2003 and direct Respondent to obtain and
provide the pension valuation to Petitioner within 14 days and further direct Respondent to
reimburse all ofthe reasonable counsel fees and costs and expenses incurred as a result of
Respondent's violation of this Court's Order of December 9, 2003 and grant any further
relief this Court deems appropriate.
Respectfully submitted,
Date: 'ut,.. i1-- ~ov\
Io Harrison Clough,
Attorney ill No.: 36461
2331 Market Street
Camp Hill, P A 17011
(717) 763-1383
Counsel for P1aintiff/Petitioner Terri McCollum
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VERIFICATION
I, Terri McCollum, verify that the statements made in the foregoing document are true
and correct to the best of my knowledge, information and belief.
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.
Date: G( _ ]'~ ----0 y
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TE MCCOLLUM
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CERTIFICATE OF SERVICE
I hereby certify that on the date set forth below a true and correct copy of the foregoing
Petition for Contempt was served on the following individuals via United States First Class Mail,
postage prepaid as follows:
Richard C. Rupp, Esquire
Rupp and Meikle
355 N. 21st Street, Suite 205
Camp Hill, P A 17011
Dated:
t.{--- 12~01
Joanne Harrison Clough, Esquir
AttomeyID No,; 36461
2331 Market Street
Camp Hill,P A 17011
(717) 763-1383
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CERTIFICATE OF SERVICE
I hereby certify that on the date set forth below a true and correct copy of the foregoing
Petition To Make Rule Absolute was served on the following individuals via United States First
Class Mail, postage prepaid as follows:
Richard C. Rupp, Esquire
Rupp and Meikle
355 N. 21 sl Street, Suite 205
Camp Hill, P A 17011
Dated:
f)''''S-D'f
Joanne arrison Clough, Esqrnr
Attorney ID No,: 36461
2331 Market Street
Camp Hill, PA 17011
(717)763-1383
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TERRIE A. MCCOLLUM,
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 01 - 2267 CIVIL TERM
JEFFREY L. MCCOLLUM,
DEFENDANT
IN DIVORCE
ORDER
AND NOW this
~ 1-tA day
of /'11A,(c.A
2002,
upon
consideration of the foregoing petition, it is hereby ordered that:
1. A rule is issued upon the respondent to show cause why
the petitioner is not entitled to the relief requested;
2. The respondent shall file an answer to the petition
~
within t-.iBlll:! (/0) days of service upon the resE~~:::!:=~: J
(3-) , 4t~ ~ l:* ~ ~ ~ ~t.) ~ ct.
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6. Notice of the entry of this order shall be provided to
r all parties by the petitioner.
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TERRIE A. MCCOLLUM,
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 01 - 2267 CIVIL TERM
JEFFREY L. MCCOLLUM,
DEFENDANT
IN DIVORCE
PETITION FOR SPECIAL RELIEF
AND NOW comes the Petitioner, Terrie A. McCollum, by and
through her attorney, Thomas D. Gould, and files this Petition for
Special Relief pursuant to Pa. R.C.P. Section 1920.43 to grant her
exclusive possession of the marital home.
1. The Petitioner is Terrie A. McCollum, who is residing in
the marital home at 99 Millers Gap Road, Enola, Cumberland County,
Pennsylvania 17025 which is jointly owned by the parties.
2. The Respondent is Jeffrey L. McCollum, who resides at 99
Millers Gap Road, Enola, Cumberland County, Pennsylvania 17025.
3. Peti tioner and Respondent have two children, Travis
Jeffrey McCollum, DOB 6/15/88, and Erin Katherine McCollum, DOB
6/8/91.
4. Peti tioner has been the primary care giver for the
children throughout their lives.
5. The Petitioner and Respondent were married on October 31,
1987.
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6. The Petitioner filed a complaint in divorce under section
3301(c) on April 12, 2001.
7. In her complaint the Petitioner alleges that respondent
subjected her to indignities and requested support, APL and
alimony.
8. Respondent has subjected Petitioner and the children to
physical and emotional abuse.
9. In April 2001 Petitioner sought the assistance of Legal
Services for Respondent's abusive actions.
10. Legal Services sent Respondent a "Warning" letter
advising him to stop his abusive and inappropriate behavior.
11. Following receipt of the "Warning" letter Respondent
promised to seek counseling.
12. Respondent has failed to seek or attend counseling.
13. Al though Respondent has not physically assaulted
Petitioner or the children since April 2001, he has relapsed into
his other inappropriate conduct.
14. Due to significant medical problems, Petitioner has been
unable to work full time for a number of years.
15. An APL hearing was scheduled for November 8, 2001.
16. The APL hearing was continued with the understanding that
Respondent would remove himself from the marital home and pay a
mutually agreeable amount in support/APL.
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17. Discussions following the continued APL hearing have not
resulted in Respondent leaving the marital home or the payment of
APL.
18. The tension within the marital home has risen to an
unhealthy level for Petitioner and the children.
19. Respondent has alternative housing available from family
members.
20. Petitioner
and the
children have
no
reasonable
alternative housing available.
21. Respondent is represented by attorney Richard Rupp.
22. Petitioner's counsel has contacted attorney Rupp's
office, but Mr. Rupp has not responded.
WHEREFORE, Petitioner requests that this honorable court grant
her exclusive possession of the marital home.
Respectfully submitted,
~~D.~
Thomas D. Gould
Attorney for Petitioner
I. D. # 36508
2 East Main Street
Shiremanstown, PA 17011
(717) 731-1461
Fax 761-1974
~N
VERIFICATION
I verify that the statements made in this Petition For Special
Relief 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.
Oace, Qid tr{1lh.'~6(DD:J, ~- ~(}~-f1
Terrie A. McCollum ~
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TERRIE A. McCOLLUM,
Plaintiff
,.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 01-2267 CIVIL TERM
JEFFREY L. McCOLLUM,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
ORDER OF COURT
AND NOW, this 20th day of May, 2004, by agreement
of the parties, the holding of the Defendant in contempt is
vacated, and hearing on this matter is continued generally, to be
relisted at the request of either party.
E. Guido, J.
vd6anne Harrison Clough, Esquire
For the Plaintiff
~omas D. Gould, Esquire ~
For the Defendant
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TERRIE A. McCOLLUM,
Plaintiff
THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 01 - 2267 CIVIL
JEFFREY L. McCOLLUM,
Defendant
IN DIVORCE
TO:
Joanne Harrison Clough
, Attorney for Plaintiff
Richard C. Rupp , Attorney for Defendant
DATE: Monday, June 21, 2004
CERTIFICATION
I certify that discovery is complete as to the claims
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.
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(b) Provide approximate date when discovery will be
complete and indicate what action is being taken
to complete discovery.
1~~---~
DATE
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.
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Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
TERRIE A. MCCOLLUM,
v.
: NO. 01-2267
Defendant
: CNIL ACTION - LAW
: IN DNORCE
JEFFREY 1. MCCOLLUM,
PRAECIPE
TO THE PROTHONOTARY:
Please withdraw the Petition For Contempt I filed on behalf of Plaintiff Terrie McCollum
on April15, 2004, The parties have resolved the issues raised in said Petition.
Respectfully Submitted,
REAGER & ADLER, PC
Dated: August, 18,2004
Joanne Harrison Clough,
Attorneys for Plaintiff
AttorneyLD. No.: 36461
2331 Market Street
Camp Hill, P A 17011
717-763-1383
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CERTIFICATE OF SERVICE
I hereby certifY that on the date set forth below a true and correct copy of the
foregoing document was served on the following individuals via United States First Class
Mail, postage prepaid as follows:
Richard C. Rupp, Esquire
Rupp & Meikle
355 N. 2151 Street, Suite 105
Camp Hill, PA 17011
Honorable Edward Guido
1 Courthouse Square
Carlisle, PA 17013-3387
Date: August 18, 2004
Joanne H 'son Clough, Es e
Attorney ill No, 36461
2331 Market Street
Camp Hill, PA 17011
(717) 763-1383
Attorney Terri A. McCollum
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TERRIE A. McCOLLUM,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
01-2267 CIVIL TERM
JEFFREY L. McCOLLUM,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
TRANSCRIPT OF PROCEEDINGS
IN RE: PETITION FOR SPECIAL RELIEF
Proceedings held before the
HONORABLE EDWARD E. GUIDO, J.
Cumberland County Courthouse, Carlisle, Pennsylvania
on Wednesday, September 25, 2002,
in Courtroom No. 5
APPEARANCES:
JOANNE HARRISON CLOUGH, Esquire
Attorney for Plaintiff
RICHARD C. RUPP, Esquire
Attorney for Defendant
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THE COURT: Good morning. I understand that
you have ~eached an agreement of sorts.
MS. CLOUGH: Yes, Your Honor. Mrs. McCollum
will agree to withdraw her Petition for Exclusive Possession
of the Ma~ital Residence provided that both Mr. McCollum and
Mrs. McCollum execute and file with the Court consents to
divorce by this Friday, September 27th, and that the parties
further agree that no divorce shall be finalized until
there's either a comprehensive settlement agreement executed
by both parties or the Divorce Master process has taken place
and it has gone through the court system and a Court Decree
issued.
THE COURT: Is that agreeable to you~
client, M~. Rupp?
MR. RUPP: Yes, it is, Your Honor.
THE COURT: Okay. Then that agreement will
be incorporated as an Order of this Court. Good luck to both
of you.
MS. CLOUGH: Thank you, Your Honor.
MR. RUPP: Thank you, Your Honor.
(The proceeding was concluded.)
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CERTIFICATION
I hereby certify that the proceedings are
contained fully and accurately in the notes taken by me on
the above cause and that this is a correct transcript of
same.
kf?,-& ~
/Susan Rice Stoner
Official Stenographer
-----------------------
The foregoing record of the proceedings on the
hearing of the within matter is hereby approved and directed
to be filed.
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Date
Edward E. Guido, J.
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TERRIE A. MCCOLLUM : IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
JEFFREY 1. MCCOLLUM : NO. 2001-2267 CIVIL TERM
ORDER OF COURT
AND NOW, this 24TH day of SEPTEMBER, 2003, a hearing on Plaintiffs
Petition for Interim Counsel Fees is scheduled for THURSDAY. OCTOBER 9. 2003. at
1:00 p.m. in Courtroom # 5 of the Cumberland County Courthouse, Carlisle, Pa.
Edward E. Guido, 1.
Joanne Harrison Clough, Esquire
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TERRIE A. MCCOLLUM, : IN THE COURT OF COMMON PLEAS
Plaintiff /Respondent : CUMBERLAND COUNTY, PENNSYLVANIA
v,
: NO, 01-2267
JEFFREY L. MCCOLLUM,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
RULE TO SHOW CAUSE
AND NOW, this ~ day of September, 2003, upon review of the attached Petition, a
Rule is hereby issued against Respondent, Jeffrey L. McCollum, show cause, if any, why
Petitioner, Terrie A. McCollum, should not be granted an interim counsel fees, costs and
expenses award and Respondent, Jeffrey L. McCollum, should not be ordered to tender to
Petitioner the sum of $7,000.00 for interim counsel fees, costs and expenses,
Rule returnable within days of date of service,
BY THE COURT:
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TERRIE A. MCCOLLUM,
Plaintiff/Petitioner
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
; NO. 01-2267
JEFFREY L. MCCOLLUM,
Defendant/Respondent
; CIVIL ACTION - LAW
; IN DNORCE
ORDER
AND NOW, this
day of
,2003, upon review of the
attached Petition For Interim Counsel Fees, Costs and Expenses Award, IT IS HEREBY
ORDERED AND DECREED that the interim counsel fees, costs and expenses award is granted
to Petitioner, Respondent Jeffrey L. McCollum is directed to provide to Petitioner Terrie A.
McCollum the amount of $7,000.00 within
days of this Order.
BY THE COURT:
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TERRIE A. MCCOLLUM,
Plaintiff/Petitioner
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL VANIA
v.
: NO. 01-2267
JEFFREY L. MCCOLLUM,
Defendant/Respondent
: CIVIL ACTION - LAW
: IN DIVORCE
PETITION FOR INTERIM COUNSEL FEES,
COSTS AND EXPENSES AWARD
AND NOW, this ~y of September, 2003, comes the Petitioner/Plaintiff,
Terrie A. McCollum, by and through her attorneys, Joanne Harrison Clough, Esquire, of
Reager & Adler, P.C., and respectfully files this Petition For Interim Counsel Fees, Costs
and Expenses Award, and in support thereof avers as follows:
1. Petitioner Terrie A. McCollum is an adult individual who currently resides
at the marital residence at 99 Millers Gap Road, Enola, Cumberland County,
Pennsylvania.
2. Respondent Jeffrey 1. McCollum, husband of Petitioner, is an adult
individual who currently resides at the marital residence at 99 Millers Gap Road, Enola,
Cumberland County, Pennsylvania.
3. Petitioner filed a divorce action against Respondent on April 18, 2001, but
has not been able to afford to move from the marital residence. The parties are presently
living separate and apart in the marital residence at 99 Millers Gap Road, Enola,
Cumberland County, Pennsylvania.
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4. Petitioner has not been able to hold any gainful employment for the past
two (2) years as she suffers from fibromyalgia and a herniated disc. Plaintiff is, therefore,
without sufficient funds to support herself and to meet the costs and expenses of this
litigation and is unable to continue to maintain her client Fee Agreement with her
attorneys for her attorneys' fees, costs and expenses.
5. Respondent has adequate earnings to provide for the Plaintiffs counsel
fees, costs and expenses during the pendency of this divorce action. Respondent earns at
least $77,376.00 per year in his employment at a Supervisory Computer Specialist at
Defense Inforrnation Services. He is a GS-13 Step 6.
6. Respondent presently gives Petitioner only $50.00 per week towards
expenses for herself and the parties' two (2) minor children, and will not give her access
to any other funds or marital assets.
7.
Petitioner Terrie A. McCollum is unable to move this divorce matter
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forward to trial without an Interim Counsel Fees, Costs and Expenses award.
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WHEREFORE, Petitioner respectfully requests this Honorable Court issue an
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Interim Counsel Fees, Costs and Expenses award in the amount of$ 7,000.00 and direct
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Respondent to provide said sum to Petitioner so that she may move this matter forward to
hearing to resolve this divorce case.
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Respectfully submitted,
REAGER ADLER,PC
VERIFICATION
I, Terrie McCollum, hereby verify that the statements made in the foregoing document
are true and correct to the best of my knowledge, information and belief.
I understand that false statements herein are made subject to the penalties of 18 Pa.
C.S.A. 94904, relating to unsworn falsification to authorities.
Date: ~ - 1.-'1..-0.3>
,,~~~
TERRIE McCOLLU
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CERTIFICATE OF SERVICE
AND NOW, thisOf- rl"'D;f;I; of September, 2003, I hereby verifY that I have caused
a true and correct copy of the foregoing PETITION FOR INTERIM COUNSEL FEES, COSTS
AND EXPENSES AWARD by first class mail, postage prepaid and addressed as follows:
Jeffrey 1. McCollum
c/o Richard C. Rupp, Esquire
Rupp and Meikle
355 N. 21" Street, Suite 205
Camp Hill, PA 17011
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TERRIE A. McCOLLUM,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 01 - 2267 CIVIL
JEFFREY L. McCOLLUM,
Defendant
IN DIVORCE
ORDER OF COURT
AND NOW, this
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day
of I)()~ 1
, ,
2003, both counsel having failed to return the certification
document to the Master's office which was dated December 4,
2002, certifying the status of discovery, the appointment of
the Master is vacated.
BY THE COURT,
cc: ~oanne Harrison Clough
Attorney for plaintiff
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v'Richard C. Rupp
Attorney for Defendant
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TERRIE A. MCCOLLUM,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
If
v.
: NO. 01/2267
JEFFREY L. MCCOLLUM
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
MAY 2 6 2004 f
ORDER OF COURT
AND NOW, this
day of May, 2004, upon Motion of
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Richard C. Rupp of Rupp and Meikle, to Petition for Contempt, said Rule
entered on May 11, 2004 is hereby opened and the Petition of
Plaintiff/Petitioner is dismissed.
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: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 01/2267
TERRIE A. MCCOLLUM,
Plaintiff
JEFFREY L. MCCOLLUM
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
MOTION TO OPEN RULE ABSOLUTE
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AND NOW, this 14th day of May, 2004, comes Richard C. Rupp,
attorney for Defendant Jeffrey L. McCollum, your Movant, who files this
Motion and in support thereof avers as follows:
1. Your Movant, Richard C. Rupp, Esquire, attorney for Defendant,
believes that the last date for responding to the Petition for Contempt
response was this date, May 14, 2004, as Rupp and Meikle had
marked May 4, 2004 as the date of service at Rupp and Meikle.
2. The pension evaluation report of Harry Leister has been completed per
the Judge's Order, and it was received by Rupp and Meikle in its
offices. Unfortunately, at this time, said report has been temporarily,
inadvertently misplaced.
3. A gmy of said pension evaluation report is being requested from the
pension evaluator Harry Leister and will be provided within five days
of receipt from Mr. Leister to Atty. Clough.
4. As such, we request this Honorable Court to open the Order to make
the Rule Absolute and allow the law offices of Rupp and Meikle to
provide Atty. Clough the Harry Leister report.
5. Further, any problem in delivering the Harry Leister pension
evaluation report was responsibility of Rupp and Meikle, and Richard
C. Rupp, and not the Defendant. Further, the report was reported to
Atty. Clough for Plaintiff and there was no intentional or deliberate
attempt not to comply with this Honorable Court's Order. In fact,
during amicable discussions in the Courthouse, Atty. Richard Rupp
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informed Atty. Clough that it had been received and would be
forwarded to her and at the same time both counsel agreed to engage
in sefflement discussions as that would be a much beffer and feasible
process for this type of divorce, even with some of the practical
problems that were mentioned at that time. Richard C. Rupp and Rupp
and Meikle very much regret having not provided the report by the
date that Atty. Clough filed her Petition and further, must report to the
Court that this report is temporarily, at this time, inadvertently
misplaced and will be replaced by a second copy from Harry Leister
and provided to Atty. Clough within five days of its being received by
the offices of Rupp and Meikle.
WHEREFORE, your Movant respectfully requests this Honorable Court to
open its Rule Absolute for the above reasons stated in the Motion.
RESPECTFULLY sUBMlnED,
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Richard C. pp
Atty. I.D. No. 34832
355 N 21st St., ste. 205
Camp Hill, PA 17011
717-761-3459
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VERIFICATION
I, RICHARD C. RUPP, verify that the statements in the foregoing document
are true and correclto the best of my knowledge, information and belief. I
understand that false statements herein are made subject to penalties of 18 Pa.
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CERTIFICATE OF SERVICE
AND NOW, this If{ay of May, 2004, I hereby certify that I have
served a copy of the within document on the following person by telexfaxing
and by depositing a true and correct copy of the same in the U. S. Mail at
Harrisburg, Pennsylvania, postage prepaid, and via facsimile, addressed to:
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Joanne Harrison Clough, Esquire
Reager & Adler, P.C.
2331 Market Street
Camp Hill, PA 17011
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TERRIE A. McCOLLUM
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
CIVIL ACTION - LAW
vs.
NO . 01 - 2267
CIVIL
19
IN DIVORCE
JEFFREY 1. McCOLLUM
Defendant
STATUS SHEET
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ACTIVITIES,
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TERRIE A. McCOLLUM,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 01 - 2267 CIVIL
JEFFREY L. McCOLLUM,
Defendant
IN DIVORCE
TO: Joanne Harrison Clough
, Attorney for Plaintiff
Richard C. Rupp , Attorney for Defendant
DATE: Wednesday, December 4, 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.
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(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.
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CijMBERLAND COUNTY, PENNSYLVANIA
r
CIVIL ACTION - LAW
VS.
Plaintiff
:
NO.
IN. DIV<9kct267
CIVIL
19
JEFFREY 1. MCCOLLUM
Defendant
STATUS SHEET
DATE:
ACTIVITIES:
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TERRIE A. McCOLLUM,
Plaintiff
THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 01 - 2267 CIVIL
JEfFREY L. McCOLLUM,
Defendant
IN DIVORCE
TO:
Joanne Harrison Clough
, Attorney for Plaintiff
Richard C. Rupp , Attorney for Defendant
DATE: Monday, June 21, 2004
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.
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(b)
Provide approximate date when discovery will be
complete and indicate what action is being taken
to complete discovery.
NOTE:
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DATE
COUNSEL FOR PLAINTIFF
COUNSEL FOR DEFENDANT
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.
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JOANNE HARRISON CLOUGH, PC
ATTORNEY AND COUNSELOR AT LAW
24 N. 32" STREET
CAMP HILL, PENNSYLVANIA 17011
717-737-5890
TELEFAX 717-737-5892
Joanne Harrison Clouah Esauire
Email: ihcoc@verizon.net
July 29, 2005
Robert Elicker, II - Divorce Master
9 N. Hanover Street
Harrisburg, PA 17013
Richard C. Rupp, Esquire
Rupp and Meikle
355 N. 21st Street, Suite 205
Camp Hill, PA 17011
RE: McCoHum v. McCoHum
Civil Action No. 01-2267
Request to immediately schedule Master's Hearing
Dear Master Elicker and Attorney Rupp:
I am writing this letter to, request that the Master's hearing be immediately rescheduled in
the above referenced case. The parties reached settlement at the Master's office on February I,
2005. I prepared a comprehensive marital settlement agreement which I forwarded to opposing
counsel several months ago. To date, we have not received a signed agreement or even a
response to the agreement which simply memorialized the agreement the parties reached at the
Divorce Master's office.
Domestic Relations has repeatedly called to try to implement the support and alimony
portions of the agreement and CANNOT do so due to the failure of Attorney Rupp and his client
to follow through with this matter. At this juncture, I ask that this matter be immediately listed
for trial. My client may lose her lending package to refinance the home as a result of this undue
delay caused by Attorney Rupp and his client.
Sincer ly,
JHC/pc
Cc: Terrie MccCollum
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REAGER & ADLER, PC
ATTORNEYS AND COUNSELORS AT LAW
2331 MARKET STREET
CAMP Hill, PENNSYLVANIA 17011-4642
717-763-1383
TELEFAX 717-730-7366
WEBSITE: ReagerAdlerPC.com
THEODORE A. ADLER +
DAVID W. REAGER
CHARLES E. ZALESKI
LINUS E. FENICLE
DEBRA DENISON CANTOR
THOMAS O. WILLIAMS
SUSAN J. SMITH
SUSAN H. CONFAIR
JOANNE HARRISON CLOUGH
THOMAS J. ROZMAN
TIFFANY M. CARTWRIGHT
PETER R. WILSON
+Certified Civil Trial Specialist
Writer's E-Mail Address:JClough@ReagerAdlerPC.com
August 23, 2004
Honorable Edward Guido
I Courthouse Square
Carlisle, PA 17013-3387
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Dear Judge Guido:
Enclosed for your information please find the following document:
Praecipe to withdraw the Petition For Contempt.
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For your review.
For your signature.
Kindly return ASAP.
Kindly remit payment.
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Please call upon receipt ASAP
Per your request.
Call for an appointment.
Copies for your file.
Sincerely,
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Enclosure
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TERRIE A. MCCOLLUM,
Plainti ff
v.
JEFFREY L. MCCOLLUM,
Defendant
TO THE PROTHONOTARY:
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 01-2267
: CIVIL ACTION - LAW
: IN DIVORCE
PRAECIPE
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Please withdraw the Petition For Contempt I filed on behalf of Plaintiff Terrie McCollum
on April 15, 2004. The parties have resolved the issues raised in said Petition.
Dated: August, 18,2004
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Respectfully Submitted,
REAGER & ADLER, PC
Joanne Harrison Clough,
Attorneys for Plaintiff
Attorney LD. No.: 36461
2331 Market Street
Camp Hill, PA 17011
717-763-1383
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CERTIFICATE OF SERVICE
I hereby certify that on the date set forth below a true and correct copy ofthe
foregoing document was served on the following individuals via United States First Class
Mail, postage prepaid as follows:
Richard C. Rupp, Esquire
Rupp & Meikle
355 N. 21st Street, Suite 105
Camp Hill, P A 17011
Honorable Edward Guido
1 Courthouse Square
Carlisle, PA 17013-3387
Date: August 18, 2004
Joanne Hm 'son Clough, Es
Attomcy ill No, 36461
2331 Market Street
CampHill,PA 17011
(717) 763-1383
Attorney Terri A. McCollum
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JOANNE HARRISON CLOUGH, PC
ATTORNEY AND COUNSELOR AT LAW
24 N. 32". STREET
CAMP Hill, PENNSYLVANIA 17011
717-737-5890
TElEFAX 717-737-5892
Joanne Harrison Clouah Esauire
Email: ihcot..ollverizon.net
October 14,2005
Robert E. Elicker, II, Esquire
9 North Hanover Street
Carlisle, P A 17013
RE: McCollum v. McCollum
Docket No. 01-2267
Dear Special Master Elicker:
Please be advised that the McCollum v. McCollum divorce case has been settled. I am enclosing
two copies of the Marital Settlement Agreement executed by the parties. Please vacate your
appointment as Master so we can petition to finalize the divorce.
I thank you for your prompt attention to this matter.
JHC/psr
cc: Richard C. Rupp, Esquire w/o enclosures
Terrie A. McCollum w/o enclosures
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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
West Shore
697-0371 Ex!. 6535
Traci Jo Colyer
Office Manager/Reporter
July 12, 2004
Joanne Harrison Clough
Attorney at Law
REAGER & ADLER, P.C.
2331 Market Street
Camp Hill, PA 17011
Richard C. Rupp
Attorney at Law
355 North 21 st Street
Suite 205
Camp Hill, PA 17011
RE: Terrie A. McCollum vs. Jeffrey 1. McCollum
No. 01 - 2267 Civil
In Divorce
Dear Ms. Clough and Mr. Rupp:
Attorney Clough has certified that discovery is complete; the file also indicates in
a document filed by Mr. Rupp that the pension information has been obtained.
Consequently, I am going to move forward with the directive for pretrial statements.
A complaint in divorce was filed on April 18, 200 I, raising grounds for divorce of
irretrievable breakdown ofthe marriage and indignities. I am going to assume that the
parties will sign affidavits of consent and waivers of notice of intention to request entry
of divorce decree so that the divorce can be concluded under Section 3301(c) ofthe
Domestic Relations Code. The complaint also raised claims of equitable distribution,
alimony, alimony pendente lite, and counsel fees and expenses.
In accordance with P.R.C.P. 1920.33(b) I am directing each counsel to file a
pretrial statement on or before Friday, July 30, 2004. Upon receipt of the pretrial
,m"'~,~c~":jl__, o-;~ "-'-''7<'"_'.' '-'^'_"'c~,f('~,~"",._-". "'.L.'<' '~~',". eo_ -', . "':'.--."..'f--,'"'U-.
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Ms. Clough and Mr. Rupp, Attorneys at Law
12 July 2004
Page 2
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.
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JOANNE HARRISON CLOUGH, PC
ATTORNEY AND COUNSELOR AT LAW
24 N. 32"' STREET
CAMP Hill. PENNSYlVANIA 17011
717-737-5890
TElEFAX 717-737-5892
J.)anne Harrison Clouah. E~auire
Email: ihcoclB>verizon.net
Pam S. Rudy, legal Assistant
Email: oamihcccl8.lverizon.oet
October 14,2004
Robert Elicker, II - Divorce Master
9 N. Hanover Street
lIarrisburg,Pi\ 17013
Richard C. Rupp, Esquire
Rupp and Meikle
355 N. 21" Street, Suite 205
Camp Hill, PA 17011
RE: McCollum v. McCollum
Civil i\ction No. 01-2267
Summary of Pre-Hearing Conference
Dear Master Elicker and Attorney Rupp:
I am writing this letter at the direction of the Divorce Master to provide a summary of the
pre-hearing conference held on October 12, 2004 in the above reference matter. More
specifically, I appeared in person at the Divorce Master's office at 9:30 a.m. and i\ttorney Rupp.
participated by speaker phone.
A general discussion was held with the Divorce Master regarding the status of this case
and the Divorce Master scheduled a hearing to take place on February 1, 2005 to address the
following two (2) specific issues: 1. Marital misconduct as alleged by wife; and 2. the issue of
wife's earnings capacity. Special Divorce Master Elicker will take testimony at the February 1,
2005 hearing regarding these two specific issues. Attorney Clough was directed to provide any
medical information she has regarding wife's medical condition, disability and/or illnesses to
husbands counsel. Husbands counsel indicated he would be retaining an economist to testifY
regarding wife's earnings capacity. Attorney Clough indicated she intended to retain Andrew
Capporelli of Anderson and Associates for her vocational evaluation expert regarding wife's
earnings capacity.
The parties stipulated that the date of separation was i\prilI2, 2001 which is the date
Harry Leister used to prepare the pension valuation to determine the marital portion of husband's
pension. The divorce action was in fact filed by wife on i\prilI8, 2001. Both parties counsel
agreed touse the April 12, 2001 date as a separation date. The Divorce MasterspecificaUy
directed husband's counsel, Richard Rupp, to obtain information from husband's current
employer on the COBRA cost for wife to purchase health insurance post divorce. The Special
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Special Divorce Master Robert Elicker, II and Attorney Richard Rupp
October 13, 2004
Page 2
Master also directed husband's counsel to have Harry Leister determine the cost of the Survivor
Benefit option for husband's retirement. The Special Master also directed the parties to
exchange witness lists at a reasonable time prior to the February 1 hearing. I suggest the parties
exchange witness lists on or before January 15,2005.
The Divorce Master also directed both parties to prepare a spreadsheet to bring to the
hearing specifically listing the assets and liabilities of the parties so that the parties and their
counsel could meet with the Divorce Master after the conclusion of testimony to discuss possible
equitaple distribution sett1em~tissues to determine if a subs~uent heariljgwouJd need to. be
scheduled on the economic issues. He also asked the parties to include in the spreadsheet each
parties proposal regarding how to divide the personal property at the marital residence. The
Divorce Master further indicated that this was not a 50/50 distribution case and that he believed
it was an alimony case and he asked husband's counsel to have husband make a plan for where
he intends to reside should the Master award the marital residence to wife. The Divorce Master
advised husband's counsel that he should be prepared to discuss this plan at the conclusion of the
hearing on February 1,2005. Both counsel agreed that the major assets in the case consist of the
marital residence with a value of approximately $130,000.00, the marital portion of husband's
Thrift Plan and the marital portion of husband' s pension and the personal property at the
residence.
I believe the above information accurately summarizes the major points addressed at the
pre-hearing conference. If either of you wish to make a correction or addition to the letter please
notify me.
Sincerely,
j~
Joanne Harrison CI u
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Cc: Terri MccCollum
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REAGER & ADLER, PC
ATTORNEYS AND COUNSELORS AT LAW
2331 MARKET STREET
CAMP HILL. PENNSYLVANIA 17011-4642
717-763-1383
TELEFAX 717-730-7366
WEBSITE: ReagerAdlerPC.com
THEODORE A. ADLER +
DAVID W. REAGER
CHARLES E. ZALESKI
LINUS E. FENICLE
DEBRA DENISON CANTOR
THOMAS O. WILLIAMS
SUSAN J. SMITH
SUSAN H. CONFAIR
JOANNE HARRISON CLOUGH
THOMAS J. ROZMAN
TIFFANY M. CARTWRIGHT
PETER R. WILSON
+Certified Civil Trial Specialist
Writer's E-Mail Address:JClough@ReagerAdlerPC.com
July 7,2004
E. Robert Elicker, Divorce Master
Office of the Divorce Master
9 N. Hanover Street
Carlisle, P A 17013
RE: McCollum v. McCollum
Docket No.: 01-2267 Civil
OUf File No.: 01-275
Dear Mr. Elicker:
Enclosed please find a copy of the completed Certification in the above-
referenced divorce action.
JHC/drb
Enclosure
Cc: Richard Rupp, Esq.
Terri McCollum
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ATTORNEYS AND COUNSELORS AT LAW
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2331 MARKET STREET
CAMP Hill. PENNSYLVANIA 17011-4642
717-763.1383
TElEFAX 717-730-7366
WEBSITE: ReagerAdlerPC.com
THEODORE A. ADLER +
DAVID W. REAGER
CHARLES E. ZALESKI
LINUS E. FENIClE
DEBRA DENISON CANTOR
THOMAS O. WilLIAMS
SUSAN H. CONFAIR
JOANNE HARRISON CLOUGH
PETER l. lEONE
Writer's E~Maj\ Address: jclough@epix.net
April 4, 2001
Terrie A. McCollum
99 Millers Gap' Road
Enola, P A 17025
Re: Domestic Matter
Dear Terrie:
It was a pleasure to speak with you. Thank you very much for your confidence in retaining us
to represent you with respect to your current domestic situation. We look forward to working with you.
The purpose of this letter is to set forth, in writing, the arrangements concerning our fee so that
we may avoid any misunderstandings. As we discussed, your bill will be based upon our hourly rates
for all time devoted to your case at the hourly rates for the attorney performing the service and the
periods during which services were performed based upon intervals oftenth(s) of an hour. We try to
have the work done at the level which will be most efficient in terms of rates and costs to you. The time
charged includes not only meeting with you and court appearances, but also drafting and reviewing
pleadings and correspondence, telephone conversations with you, your spouse's attorney and other
parties, time spent with witnesses, legal research, and travel. Please understand that all hourly rates
charged to our clients may be increased from time to time by our firm, which is usually done each year
or so. As we discussed, my rate for this case initially will be $150.00 per hour.
In addition to the charges for professional services, you will be responsible for timely reimbursing
us for all of our own out -of-pocket disbursements, such as charges for long distance telephone calls, filing
fees paid to the court,. expert, appraisal, investigative and witness fees, travel expenses, messengers,
transcripts of depositions, faxes and photocopies.
We will be sending you monthly statements as your case proceeds containing a description of
how we have been spending our time on your behalf. We reserve the right to charge interest and/ or to
terminate our attorney-client relationship if you do not pay our fees and disbursements within thirty days
of bi1ling.
PLAINTIFPS
EXHIBIT
I
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April 4, 2001
Page 2
As we discussed, we will require a retainer, which we have set at $2,000.00, which is an advance
deposit to be applied toward payment of your future bills. It is not, however, a minimum or maximum
fee. Thus, ifwe conclude your case before the total hourly charges equal the amount of the retainer, you
will receive a refund of the difference. On the other hand, if the total hourly charges exceed the amount
of the retainer before our work is completed, you will be required to provide a new. retainer.
Unfortunately, it is virtually impossible to estimate for you the total amount of time that will have
to be devoted to your case. That will depend upon a variety of factors, including but not limited to
whether hearings or a trial will be necessary, the time and effort required, the nature and complexity of
the issues involved and the degree of cooperation afforded by your spouse and your spouse's attorney.
Similarly, we obviously cannot guarantee the results that will be obtained, particularly since no one can
predict what a court may do in a particular case.
Cases of this kind require that your attorney be as familiar as possible with all of the facts bearing
on the issues, regardless of how trivial or potentially embarrassing you may believe them to be.
Therefore, it is essential that you share all even remotely relevant facts with us.
We will, of course, keep you closely advised of the progress of your case and provide you with
copies of all correspondence, pleadings and any other relevant documents. You should never hesitate
to ask us questions, which we always welcome.
We understand that in matters of this nature, urgent circumstances may arise which may
necessitate your talking to us immediately. We therefore make a strong commitment to respond to all
of your inquiries as soon as possible. However, understandably there are occasions when we are not
immediately available because of commitments to other cases. In such instances, my secretary is given
instructions as to how to reach us.
If this letter correctly conforms with your understanding of our arrangement concerning fees and
costs, we would appreciate your signing the enclosed copy of this letter in the space indicated and
returning it to me together with your check payable to Reager & Adler, PC in the amount of $2,000.00
for our retainer. Of course, should you have any questions or comments about this letter or the
arrangements discussed above, please do not hesitate to give me a call.
I look forward to meeting with you next week and working with you to resolve this matter for
you.
Sincerely,
JHC/ak
dtnme-++CWd 1;'
Joanne Harrison Clough O'!~
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I HAVE READ THE ABOVE RETAINER LETTER AND IT CORRECTLY SETS
FORTH MY UNDERSTANDING IN REGARD TO MY FEE ARRANGEMENT AND
REPRESENTATION BY REAGER & ADLER, PC.
DATED:
~~Q'~~A1--
TERRIE A. MCCO UM
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Attorneys and Counselors at
2331 Market Street
Camp Hill PA 17011
717-763-1383
Law
Terrie A. McCollum
99 Millers Gap Road
Enola PA 17025
Page: 1
November 10, 2003
Client Number 1275-000J
Statement No: 26958
Family Law
Joanne H. Clough
Hours
0.20 30.00
0.20 30.00
0.20 30.00
0.20 30.00
0.20 30.00
0.20 30.00
0.20 30.00
0.20 30.00
1. 60 240.00
1. 60 240.00
0.74
0.74
240.74
$1,789.S7
$2,030.61
10/06/03 Telephone call from client
Telephone call with opposing counsel
regarding continuance
10/07/03 Telephone call with opposing counsel
Review Motion
10/08/03 Telephone conference regarding status of
hearing on October 9
10/09/03 Telephone conference with client
10/13/03 Correspondence to client
10/31/03 Review Order of new hearing date
For Current Services Rendered
Postage
Total Expenses
Total Current Work
Previous Balance
Balance Due
PLAINTIFPS
EXHIBIT
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MAY 2 6 7C(1If
TERRIE A. MCCOLLUM,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 01/2267
: CIVIL ACTION - LAW
: IN DIVORCE
JEFFREY L. MCCOLLUM
Defendant
ORDER OF COURT
AND NOW, this
day of May, 2004, upon Motion of
Richard C. Rupp of Rupp and Meikle, to Petition for Contempt, said Rule
entered on May 11, 2004 is hereby opened and the Petition of
Plaintiff/Petitioner is dismissed.
BY THE COURT:
J.
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TERRIE A. MCCOLLUM,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
JEFFREY L. MCCOLLUM
Defendant
: CIVIL ACTION. LAW
: IN DIVORCE
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: NO. 01/2267
MOTION TO OPEN RULE ABSOLUTE
AND NOW, this 14th day of May, 2004, comes Richard C. Rupp,
attorney for Defendant Jeffrey L. McCollum, your Movant, who files this
Motion and in support thereof avers as follows:
1. Your Movant, Richard C. Rupp, Esquire, attorney for Defendant,
believes that the last date for responding to the Petition for Contempt
response was this date, May 14, 2004, as Rupp and Meikle had
marked May 4, 2004 as the date of service at Rupp and Meikle.
2. The pension evaluation report of Harry Leister has been completed per
the Judge's Order, and it was received by Rupp and Meikle in its
offices. Unfortunately, at this time, said report has been temporarily,
inadvertently misplaced.
3. A ~ of said pension evaluation report is being requested from the
pension evaluator Harry Leister and will be provided within five days
of receipt from Mr. Leister to Atty. Clough.
4. As such, we request this Honorable Court to open the Order to make
the Rule Absolute and allow the law offices of Rupp and Meikle to
provide Atty. Clough the Harry Leister report.
5. Further, any problem in delivering the Harry Leister pension
evalu(ltion report was responsibility of Rupp and Meikle, and Richard
C. Rupp, and not the Defendant. Further, the report was reported to
Atty. Clough for Plaintiff and there was no intentional or deliberate
attempt not to comply with this Honorable Court's Order. In fact,
during amicable discussions in the Courthouse, Atty. Richard Rupp
. O_""",,,,,"~, ",o_~^",-.. _ '" ~_ __~~.... <~ 'fo' _".,~'._ -~"f.'..'~""; " , '.' ..~~.. ,,_",~."" ~'~', _'~.~_~'_ l^--., ~__ ,.
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informed Atty. Clough that it had been received and would be
forwarded to her and at the same time both counsel agreed to engage
in settlement discussions as that would be a much better and feasible
process for this type of divorce, even with some of the practical
problems that were mentioned at that time. Richard C. Rupp and Rupp
and Meikle very much regret having not provided the report by the
date that Atty. Clough filed her Petition and further, must report to the
Court that this report is temporarily, at this time, inadvertently
misplaced and will be replaced by a second copy from Harry Leister
and provided to Atty. Clough within five days of its being received by
the offices of Rupp and Meikle.
WHEREFORE, your Movant respectfully requests this Honorable Court to
open its Rule Absolute for the above reasons stated in the Motion.
RESPECTFULLY SUBMITTED,
B
Richard C. pp
Atty. I.D. No. 34832
355 N 21 st St., 5te. 205
Camp Hill, PA 17011
717-761-3459
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VERIFICATION
I, RICHARD C. RUPP, verify that the statements in the foregoing document
are true and correclto the best of my knowledge, information and belief. I
understand that false statements herein are made subjeclto penalties of 18 Pa.
C.S. i 4904 relating to unsworn falsification to authorities.
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CERTIFICATE OF SERVICE
AND NOW, this If'{ay of May, 2004, I hereby certify that I have
served a copy of the within document on the following person by telexfaxing
and by depositing a true and correct copy of the same in the U. S. Mail at
Harrisburg, Pennsylvania, postage prepaid, and via facsimile, addressed to:
Joanne Harrison Clough, Esquire
Reager & Adler, P.C.
2331 Market Street
Camp Hill, PA 17011
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TERRIE A. MCCOLLUM,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
.
.
v.
: NO. 01/2267
JEFFREY L. MCCOLLUM
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
ORDER OF COURT
AND NOW, this
day of May, 2004, upon Motion of
Richard C. Rupp of Rupp and Meikle, to Petition for Contempt, said Rule
entered on May 11,2004 is hereby opened and the Petition of
Plaintiff/Petitioner is dismissed.
BY THE COURT:
J.
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TERRIE A. MCCOLLUM,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
JEFFREY L. MCCOLLUM
Defendant
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AND NOW, this 14th day of May, 2004, comes Richard C. Rupp,
attorney for Defendant Jeffrey L. McCollum, your Movant, who files this
Motion and in support thereof avers as follows:
1. Your Movant, Richard C. Rupp, Esquire, attorney for Defendant,
believes that the last date for responding to the Petition for Contempt
response was this date, May 14, 2004, as Rupp and Meikle had
marked May 4, 2004 as the date of service at Rupp and Meikle.
The pension evaluation report of Harry Leister has been completed per
the Judge's Order, and it was received by Rupp and Meikle in its
offices. Unfortunately, at this time, said report has been temporarily,
inadvertently misplaced.
A ~ of said pension evaluation report is being requested from the
pension evaluator Harry Leister and will be provided within five days
of receipt from Mr. Leister to Atty. Clough.
As such, we request this Honorable Court to open the Order to make
the Rule Absolute and allow the law offices of Rupp and Meikle to
provide Atty. Clough the Harry Leister report.
Further, any problem in delivering the Harry Leister pension
evaluation report was responsibility of Rupp and Meikle, and Richard
C. Rupp, and not the Defendant. Further, the report was reported to
Atty. Clough for Plaintiff and there was no intentional or deliberate
attempt not to comply with this Honorable Court's Order. In fact,
during amicable discussions in the Courthouse, Atty. Richard Rupp
: CIVIL ACTION - LAW
: IN DIVORCE
v.
: NO. 01/2267
MOTION TO OPEN RULE ABSOLUTE
2.
3.
4.
5.
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informed Atty. Clough that it had been received and would be
forwarded to her and at the same time both counsel agreed to engage
in settlement discussions as that would be a much better and feasible
process for this type of divorce, even with some of the practical
problems that were mentioned at that time. Richard C. Rupp and Rupp
and Meikle very much regret having not provided the report by the
date that Atty. Clough filed her Petition and further, must report to the
Court that this report is temporarily, at this time, inadvertently
misplaced and will be replaced by a second copy from Harry Leister
and provided to Atty. Clough within five days of its being received by
the offices of Rupp and Meikle.
WHEREFORE, your Movant respectfully requests this Honorable Court to
open its Rule Absolute for the above reasons stated in the Motion.
RESPECTFULLY SUBMITTED,
B
Richard C. pp
Atty. I.D. No. 34832
355 N 21st St., Ste. 205
Camp Hill, PA 17011
717-761-3459
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VERIFICATION
I, RICHARD C. RUPP, verify that the statements in the foregoing document
are true and correct to the best of my knowledge, information and belief. I
understand that false statements herein are made subject to penalties of 18 Pa.
C.S. ti 4904 relating to unsworn falsification to authorities.
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CERTIFICATE OF SERVICE
AND NOW, this /f/!{ay of May, 2004, I hereby certify that I have
served a copy of the within document on the following person by telexfaxing
and by depositing a true and correct copy of the same in the U. S. Mail at
Harrisburg, PennsylvaniCl, postage prepaid, and via facsimile, addressed to:
Joanne Harrison Clough, Esquire
Reager & Adler, P.C.
2331 Market Street
Camp Hill, PA 17011
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MAY 2 6 2004
TERRIE A. MCCOLLUM,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 01/2267
JEFFREY L. MCCOLLUM
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
ORDER OF COURT
\
AND NOW, this
day of May, 2004, upon Answer to Petition of
Richard C. Rupp of Rupp and Meikle, to Petition for Contempt, said Rule
entered on May 11, 2004 is hereby opened and the Petition of
Plaintiff/Petitioner is dismissed.
BY THE COURT:
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TERRIE A. MCCOllUM,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
. .
.
v.
: NO. 01/2267
.
.
JEFFREY l. MCCOllUM
Defendant
: CIVil ACTION - LAW
: IN DIVORCE
ANSWER TO PETITION FOR CONTEMPT
AND NOW, this day of May, 2004, comes Richard C. Rupp, attorney for
Defendant Jeffrey l. McCollum, who files this Answer to Petition for Contempt
and in support thereof avers as follows: 2 g ~
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2.
3.
4.
5.
6.
7.
Admitted.
Admitted.
Admitted in part and denied in part. It is admitted that Atty. Clough
asked on at leastlwo occasions for the pension report. One time was
by telephone and it is believed that the pension report was not
received at that point. Another time was in person in the Cumberland
County Courthouse when the parties were present for another hearing.
It is also admitted that the portion of the prior Order requiring
Defendant to assist Plaintiff in securing a $5,000 loan was completed
and is no longer at issue. Then recently Richard C. Rupp, Esquire,
attorney for Defendant and Respondent, informed Atty. Joanne
Harrison Clough, attorney for Plaintiff, that Rupp and meikle had
received the pension evaluation from Harry Leister and Atty. Richard
Rupp stated that although he had not reviewed it nor reviewed it with
his client yet, he would be providing it shortly to counsel. Both counsel
then discussed the divorce case and agreed that we should then start
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to review the assets and discuss settlement. Counsel meeting at the
Courthouse on this other client matter was very amicable in nature
regarding the McCollums.
8. As this matter is governed by the divorce rules of Cumberland County,
no answer is required but it is believed that the Plaintiff could list this
for a Master's hearing at this time. Atty. Richard Rupp has been
involved in other divorce actions before the Master and said actions
have been listed, even though no pension evaluation had even been
requested at that point.
9. Denied. It is believed that the Defendant is not delaying Plaintiff's
ability to move this matter toward a Master's trial as it was supposedly
discussed to discuss settlement first in any event.
10. Denied. It is denied that Defendant's behavior is violating this Court
Order of December 9, 2003 and caused Plaintiff to incur additional
counsel fees and costs and expenses. To the contrary, Atty. Clough,
having had this discussion with Atty. Rupp did not make any other
effort to obtain the pension evaluation other than by petitioning this
Court. By reason of the amicable discourse which had occurred in the
Cumberland County Courthouse, the firm believes before filing the
Petition seems to have been in order or at least the attorney should
have first cOl"responded to indicate that any prior agreements of
cooperating and obtaining the report and discussing settlement were
now revoked before filing this Petition. believe that the attorney should
have first corresponded to indicate that any prior agreements to
cooperate in obtaining the report and discussing settlement were now
revoked before filing this Petition. As such, her Petition is opposed. In
the interim, it has been discovered that the Harry Leister pension
report has been Inadvertently misplaced and a second copy is being
requested at this time.
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WHEREFORE, it is respectfully requested that this Honorable Court
dismiss the PlaintiWs Petition for Contempt.
RESPECTFULLY SUBMITTED,
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VERIFICATION
I, RICHARD C. RUPP, am familiar with the facts, is making this Verification
on behalf of the Defendant as Defendat's verification could not be obtained in
time within the Court's jurisdiction to file this pleading of record and verify that
the statements in the foregoing document are true and correct to the best of my
knowledge, information and belief. I understand that false statements herein
are made subject to penalties of 18 Pa. C.S. i 4904 relating to unsworn
falsification to authorities.
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CERTIFICATE OF SERVICE
AND NOW, thi/"t:; of May, 2004, I hereby certify that I have
served a copy of the within document on the following person by telefaxing
and by depositing a true and correct copy of the same in the U. S. Mail at
Harrisburg, Pennsylvania, postage prepaid, addressed to:
Joanne Harrison Clough, Esquire
Reager & Adler, P.C.
2331 Market Street
Camp Hill, PA 17011
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MAY 26 2004
TERRIE A. MCCOLLUM,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 01/2267
.
.
JEFFREY L. MCCOLLUM
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
ORDER OF COURT
AND NOW, this
day of May, 2004, upon Answer to Petition of
Richard C. Rupp of Rupp and Meikle, to Petition for Contempt, said Rule
entered on May 11, 2004 is hereby opened and the Petition of
Plaintiff/Petitioner is dismissed.
BY THE COURT:
J.
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TERRIE A. MCCOLLUM,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
.
.
v.
: NO. 01/2267
:
JEFFREY L. MCCOLLUM
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
ANSWER TO PETITION FOR CONTEMPT
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AND NOW, this day of May, 2004, comes Richard C. Rupp, attorney for
Defendant Jeffrey L. McCollum, who files this Answer to Petition for Contempt
and in support thereof avers as follows:
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted.
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6.
7.
Admitted.
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Admitted in part and denied in part. It is admitted that A~c~lo~ i5:B
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asked on at least two occasions for the pension report. One t~e ~s ~rn
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by telephone and it is believed that the pension report was not .. .<
received at that point. Another time was in person in the Cumberland
County Courthouse when the parties were present for another hearing.
It is also admitted that the portion of the prior Order requiring
Defendant to assist Plaintiff in securing a $5,000 loan was completed
and is no longer at issue. Then recently Richard C. Rupp, Esquire,
attorney for Defendant and Respondent, informed Atty. Joanne
Harrison Clough, attorney for Plaintiff, that Rupp and meikle had
received the pension evaluation from Harry Leister and Atty. Richard
Rupp stated that although he had not reviewed it nor reviewed it with
his client yet, he would be providing it shortly to counsel. Both counsel
then discussed the divorce case and agreed that we should then start
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to review the assets and discuss settlement. Counsel meeting at the
Courthouse on this other client matter was very amicable in nature
regarding the McCollums.
8. As this matter is governed by the divorce rules of Cumberland County,
no answer is required but it is believed that the Plaintiff could list this
for a Master's hearing at this time. Atty. Richard Rupp has been
involved in other divorce actions before the Master and said actions
have been listed, even though no pension evaluation had even been
requested at that point.
9. Denied. It is believed that the Defendant is not delaying Plaintiff's
ability to move this matter toward a Master's trial as it was supposedly
discussed to discuss settlement first in any event.
10. Denied. It is denied that Defendant's behavior is violating this Court
Order of December 9, 2003 and caused Plaintiff to incur additional
counsel fees and costs and expenses. To the contrary, Atty. Clough,
having had this discussion with Atty. Rupp did not make any other
effort to obtain the pension evaluation other than by petitioning this
Court. By reason of the amicable discourse which had occurred in the
Cumberland County Courthouse, the firm believes before filing the
Petition seems to have been in order or at least the attorney should
have first corresponded to indicate that any prior agreements of
cooperating and obtaining the report and discussing settlement were
now revoked before filing this Petition. believe that the attorney should
have first corresponded to indicate that any prior agreements to
cooperate in obtaining the report and discussing settlement were now
revoked before filing this Petition. As such, her Petition is opposed. In
the interim, it has been discovered that the Harry Leister pension
report has been inadvertently misplaced and a second copy is being
requested at this time.
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WHEREFORE, it is respectfully requested that this Honorable Court
dismiss the PlaintiWs Petition for Contempt.
RESPECTFULLY SUBMITTED,
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VERIFICATION
I, RICHARD C. RUPP, am familiar with the facts, is making this Verification
on behalf of the Defendant as Defendat's verification could not be obtained in
time within the Court's jurisdiction to file this pleading of record and verify that
the statements in the foregoing document are true and correct to the best of my
knowledge, information and belief. I understand that false statements herein
are made subject to penalties of 18 Pa. C.S. Ii 4904 relating to unsworn
falsification to authorities.
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CERTIFICATE OF SERVICE
AND NOW, thi/"t; of May, 2004, I hereby certify that I have
served a copy of the within document on the following person by telefaxing
and by depositing a true and correct copy of the same in the U. S. Mail at
Harrisburg, Pennsylvania, postage prepaid, addressed to:
Joanne Harrison Clough, Esquire
Reager & Adler, P.C.
2331 Market Street
Camp Hill, PA 17011
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State Commonwealth of Pennsvlvania
Co.lCity/Dist. of CUMBERLAND
Date of Order/Notice 06/26/06
Case Number (See Addendum for case summary)
ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT
538104925
01-2267 CIVIL
777103347
294 S 2001
o Original Order/Notice
o Amended Order/Notice
o Terminate Order/Notice
DFAS CLEVELAND CENTER'
C/O DFAS CODE L
GARNISHMENT OPS
PO BOX 998002
CLEVELAND OH 44199-8002
RE'MCCOLLUM, JEFFREY L.
Employee/Obligor's Name (Last, First, Mil
184-48-8386
Employee/Obligor's Social Security Number
5336100750
Employee/Obligor's Case Identifier
(See Addendum for plaintiff names
associated with cases on attachment)
Custodial Parentis Name (Last, First, Ml)
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.
$ 1,940.00 per month in current support
$ 0 . 00 per month in past-due support Arrears 12 weeks or greater? 0 yes (jQ 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 $ 1, 940.00 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:
$ 447.69 per weekly pay period.
$ 895.38 per biweekly pay period (every two weeks).
$ 970.00 per semimonthly pay period (twice a month).
$ 1.940.00 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 paydateldate 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 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 C
Date of Order: JUN 2 7 2006
DRO: R.J. Shadday
Service Type M
OM8 No.; 0970-0154
!~fi,~_. '."Xf '" _n ~_~ __ " d
0"1_ ,,',
t- ..
ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS
D If ~hecked you are required to provide a copy of this form to your. employee. If your employe~ 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 Order/Notice has priority over any other legal process under State law against the same income.
Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting
agency listed below.
2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to
each agency requesting withholding. You must, however. separately identify the portion ofthe single payment that is attributable to each
employee/obligor.
3.* Repolt;h5ll.t; F'aydatelDate of W;llII lold;llg. You IlIu::illt;~v.llllt; pa.yddteldatl:: vf vv;1I.lloldiIl5 HI.t;1I :'Jl:lld;llg tilt; .....ay.Jll:lll. Tile
.....ayJdtddate of vv;1IILvIJ;1I0 ;;,lIre datI: VII HI.;\...ll a.1I0urlt vva5 vv;llll,l:ld flVlllll.e ellll-'lvyt;t's vvage5. 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: 2491016300
EMPLOYEE'S/OBLlGOR'S NAME: MCCOLLUM. JEFFREY L.
EMPLOYEE'S CASE IDENTIFIER: 5336100750 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. Pennsyivania 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.5.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. 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:
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 www.childsupport.state.pa.us
Page 2 of 2
Form EN-028
Worker ID $IATT
Service Type M
OMB No.: 0970-0154
'1;i!%!lI!l"_,~~___, .r.c
.-~
-~
""I, ~
,--
..
ADDENDUM
Summary of Cases on Attachment
Defendant/Obligor: MCCOLLUM, JEFFREY L.
PACSES Case Number 538104925
Plaintiff Name
TERRIE A. MCCOLLUM
Docket Attachment Amount
01-2267 CIVIL$ 1,224.00
Child(ren)'s Name(s):
DaB
you are required to enroll 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):
DaB
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):
DaB
If checked, you are required to enroll the chiid(ren)
above in any health insurance coverage available
the employee's/obligor's employment.
Service Type M
OMB No.: 0970-0154
'-;i~_'l!. ~ 'F""~~"~~~!~"-"-"'""' _ ~_
.~, '"
, '._ , ,~'- f'~
'~r
PACSES Case Number 777103347
Plaintiff Name
TERRIE A. MCCOLLUM
Docket Attachment Amount
00294 S 2001 $ 716.00
Child(ren)'s Name(s):
DaB
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):
DaB
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):
DaB
if checked, you are required to enroll the child(ren)
above in any health insurance coverage available
the employee'slobligor's employment.
Addendum
Form EN-028
Worker ID $IATT
1 ,,_
~.
.
ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT
538104925
01-2267 CIVIL
EmployerlWithholder's Federal EIN Number
777103347
294 S 2001
RE: MCCOLLUM, JEFFREY L.
Employee/Obligor's Name (Last, First, MI)
o Original Order/Notice
o Amended Order/Notice
o Terminate Order/Notice
State Commonwealth of pennsl'lvania
Co./City/Dist. of CUMBERLAND
Date of Order/Notice 08/01/06
Case Number (See Addendum for case summary)
DFAS CLEVELAND CENTER-
C/O DFAS CODE L
GARNISHMENT OPS
PO BOX 998002
CLEVELAND OH 44199-8002
184-48-8386
Employee/Obligor's Social Security Number
5336100750
Employee/Obligor's Case Identifier
(See Addendum for plaintiff names
associated with cases on attachment)
Custodial Parentis Name (last, First, MI)
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.
$ 1,911.00 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 current and past-due medical support
$ 0 . 00 per month for genetic test costs
$ per month in other (specify)
for a total of $ 1 , 911 . 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:
$ 441. 00 per weekly pay period.
$ 882.00 per biweekly pay period (every two weeks).
$ 955.50 per semimonthly pay period (twice a month).
$ 1.911.00 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 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 10 (shown
above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED.
DO NOT SEND CASH BY MAIL.
Date of Order: AUG 0 2 2006
Judge
Form EN-028
Worker ID $IATT
DRO: R.J. Shadday
Service Type M
OMBNo.:0970-o1S4
d '!~,~ 't'~, "
'~,~'-" ~, -,'_ "_.'"t_
'1" _r.
, ,.,
,..
~~ ~
ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS
D If checked you are required to provide a copy of this form to YOUe employee. If your employe~ works in.a state that is
different 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 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 Federai 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, separateiy identify the portion of the single payment that is attributabie to each
employee/obligor.
3.* R~"l-Jv,l;lIg tile raydatdDate ",lWitlllluld;llg. You lou;:,l u::tJo,lllle paydah:ldate of vv;tI.Lvld;lIg vvlu;:;"Il :Jclld;h15 tilt:: tJdYlllellt. Tile:
I-'Clyddtefdatt vf vvalllloldill5;;:I lilt:: date 011 nl,;",I. ,unOUtl! VVC1:l vvallllelJ {,Oil I tIle: clI!f)loyt::t::':I vvages. You must comply with the law of the
state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the
withholding order and forward the support payments.
4. * Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against
this employee/obligor and you are unable to honor all support 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: 2491016300
EMPLOYEE'S/OBLlGOR'S NAME: MCCOLLUM. JEFFREY L.
EMPLOYEE'S CASE IDENTIFIER: 5336100750 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 (1 5 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. 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:
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 www.childsupport.state.pa.us
Page 2 of 2
Form EN-028
Worker ID $IATT
Service Type M
OMS No.: 097Q-Q154
i>"'".~ ',.' ,-. -- ~-~ -
,
-~. I r- ~
"'
,<
.~~,
^ '"
ADDENDUM
Summary of Cases on Attachment
Defendant/Obligor: MCCOLLUM, JEFFREY L.
PACSES Case Number 538104925
Plaintiff Name
TERRIE A. MCCOLLUM
Docket Attachment Amount
01-2267 CIVIL$ 1,224.00
Child(ren)'s Name(s):
DOB
PACSES Case Number 777103347
Plaintiff Name
TERRIE A. MCCOLLUM
Docket Attachment Amount
00294 S 2001 $ 687.00
Child(ren)'s Name(s):
ERIl!..K.....M<;:CO'...LUM... .
DOB
. ...q~(P8191
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
[]lf~~~~k~:;o~~;;;e~uireJ t;~~;OII;h~.~~il~;;;~;. .....
identified above In any health insurance coverage available
through the employee's/obligor's employment.
.. .... ... .
.. . . . . . ....
-, ................... ..'.'..........
... ...... ... .. ......
. .... ... .... .. ......
... ... ...... .... ....
[j If ~heck~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
OMB No.: 0970-0154
~ 'f"" 'eo","," " .,
'"' ~ - ".^
,01
JUN/08/2012/FRI 09:08 AM FAX No, P. 002/003
06/08/2012 08;38 7172406248 CUMBERLANDCTYDRO PAGE 03/03
No. or- aato-7 C'('v
Date Of COUNW DOlV1UTIC RM A 110,NS
ofAppIication. Request for Support Record Seareh
Name-
.Address: E? _`n r
Social Security Number:
Domestic Relations Case Nun
Party Requesting Information:
L
00 ?
73? ?? W
(Telephone umt n \ ,( )
4b?-- 19 .0?q) r, 1,,, 11 )
(Fax Number) (S
A, Twenty Dollar (S2o.o0) Fee is Due per Social Security Number
lbfake check or money order payable to: DRS/Uen Searcb -'
INITIAL REQUEST
r
Has no Record in Domestic Relations as of,
Support Arrears as ofEnd ofMouth Prior to Date of Application: $ D O rv
Monthly Total Support Obligation: S I d a ?,/ , Do
The Amount shown above is r4acted in the Domestic Relations Section Office of
Cumberland County, Pennsylvania. M s-m tr
b 533 I o0 '7S-0
Domestic Relations Case Number.` 5 $ a
Signed:
(Lien Seamh Coordinator) (D)
BRING-DOWN REQUEST
Support Arrears: $ As Of
(Date)
Signed:
(Lien Coordinatw)
(Date)
f.
* * * Lien Satisfisfaction Receipt Available Upon, Request* * *
CC720
INCOME WITHHOLDING FOR SUPPORT
Q ORIGINAL INCOME WITHHOLDING ORDER/NOTICE FOR SUPPORT(IWO) /1 - C/o/
Q AMENDED IWO �4 0 !y
Q ONE-TIMEORDER/NOTICE FOR LUMP SUM PAYMENT
Q TERMINATION OF IWO Date: 04/15113
❑ Child Support Enforcement(CSE)Agency ® Court ❑ Attorney ❑ Private Individuat/Entity(Check One)
NOTE:This IWO must be regular on its face. Under certain circumstances you must reject this IWO and return it to the sender(see IWO
instructions http://www.acf.hhs.ciov/programs/cse/newhire/employer/publication/publication.htm-forms). If you receive this document from
someone Other than a State or Tribal CSE agency or a Court, a copy of the underlying order must be attached.
State/Tribe/Territory Commonwealth of Pennsylvania Remittance Identifier(include w/payment): 5336100750
City/County/Dist./Tribe CUMBERLAND Order Identifier: (See Addendum for orderfdocket informaiton)
Private Individual/Entity CSE Agency Case Identifier: (See Addendum for case summary)
RE: MCCOLLUM,JEFFREY L.
DEPT OF DEFENSE CIVILIANS Employee/Obligor's Name(Last,First,Middle)
184-48-8386
Sent Electronically Employee/Obligor's Social Security Number
I
(See Addendum for plaintiff names
DO NOT M A!L
associated with cases on attachment)
Custodial Party/Obligee's Name(Last,First,
Middle)
Employer/Income Withholder's FEIN 311575142 NOTE:This iWO must be regular on its face.
Under certain circumstances you must reject
Child(ren)'s Name(s)(Last,First,Middle) Child(ren)'s Birth Date(s) this iWO and return it to the sender(see IWO
instructions
htti):16vww.acf.hhs.gov/r)rograms/cse/newhire
emi)toyer/publication/publication.htm-forms},if
you receive this document from someone other
than a State or Tribal CSE agency or a Court,a
copy of the underlying order must be attached.
3115751420
C.
See Addendum for dependent names and birth dates associated with cases on attachmentc7
ORDER INFORMATION: This document is based on the support or withholding order from CU�LRi�D CbFunty,
Commonwealth of Pennsylvania (State/Tribe). You are required by law to deduct these amounta'O'M' th�empl ,yee/
obligor's income until further notice. ~-
$ 0.00 per month in current child support
$ 0.00 per month in past-due child support-Arrears 12 weeks or greater? O y.e c--,O
$ 0.00 per month in current cash medical support '~
$ 0.00 per month in past-due cash medical support
$ 1,224.00 per month in current spousal support CTt
$ 0.00 per month in past-due spousal support
$ 0.00 permonth in other(must specify)
for a Total Amount to Withhold of$ 1,224.00 per month.
AMOUNTS TO WITHHOLD: You do not have to vary your pay cycle to be in compliance with the Order information.
If your pay cycle does not match the ordered payment cycle,withhold one of the following amount:
$ 281.69 per weekly pay period. $ 612.00 per semimonthly pay period (twice a month)
$ 563.38 per biweekly pay period (every two weeks) $ 1,224.00 per monthly pay period.
$ Lump Sum Payment: Do not stop any existing IWO unless you receive a termination order.
REMITTANCE INFORMATION: If the employee/obligor's principal place of employment is within the Commonwealth
of Pennsylvania (State/Tribe), you must begin withholding no later than the first pay period that occurs ten 10
working days after the date of this Order/Notice. Send payment within seven 7 working days of the pay date. If
you cannot withhold the full amount of support for any or all orders for this employee/obligor, withhold up to 55% of
disposable income for all orders. if the employee/obligor's principal place of employment is not within the
Commonwealth of Pennsylvania (StatelTribe), the employer can obtain withholding limitations, time requirements,
and any allowable employer fees at http://www.acf.hhs.gov/programs/cse/newhire/employer/contacts/contact map.
htm for the employee/obligor's principal place of employment.
Document Tracking Identifier
OMB No.:0970-0154 Form EN-428 06/12
Service Type M Worker ID $IATT
R Return Sender[Completed by Employer/income ° ~
accordance with 42 USC§666(b)(5)and (b)(6)or Tribal Payee(see Payments to SDU below). If payment is not
directed to an SDU/Tribal Payee or this IWO is not regular on its face, you must check this box and return the IWO to
the sender.
Signature of Judge/Issuing Official (if required by State or Tribal law): KEVIN A HESS
Print Name of Judge/Issuing Official:
Title of Judge/Issuing Official:
Date of Signature: APRIL 15,2013
If the for a Tribe that is different from the State or Tribe that issued this order,a copy cf this|VVO
[�
If checked,the employer/income withholder must provide a copy of this form to the employee/obligor,
ADDITIONAL INFORMATION FOR EA8PLOYERVINC«]A8EgVITHHOLDER0
Pennsylvania law(23 PAC.S.§4374(b))requires remittance by an electronic payment method ifmu employer|aordered
to withhold income from more than one employee and employs IS or more persons,or if am employer has a history of
two or more returned checks due tonpnouffic|entfunds. Please call the Pennsylvania State Collections and
Disbursement Unit(PA SCD#)Employer Customer Service mt1~o77-676^9588 for instructions. PAFIPS CODE 42 00040
Make Remittance Payable to- PA SCDU
Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112
IN ADDITION,PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID(shown above as
the Employeel0bligor's Casw&dentifter)OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT
SEND CASH BY MAIL.
State-specific contact and withholding information can be found on the Federal Employer Services website located at:
Priority:Withholding for support has priority over any other legal process under State law against the same income(USC 42
§6GG(b)(7)). |fm Federal tax levy iuin effect, please notify the sender.
Combining Payments: When remitting payments 0oanSOOor Tribal CSE agency,you may combine withheld amounts from
more than one employee/obligor's income in a single payment. You must, however, separately identify each employee/
obligor's portion of the payment.
Payments To SDU: You must send child support payments payable by income withholding to the appropriate SDU or to a
Tribal CSE agency. If this IWO instructs you to send a payment to an entity other than an SDU(e.g., payable to the custodial
party, court, or attorney), you must check the box above and return this notice to the sender. Exception: If this IWO was sent
by a Court,Attorney, or Private Individual/Entity and the initial order was entered before January 1, 1994 or the order was
issued bya Tribal CSE agency, you must follow the"Remit payment to"instructions on this form.
Reporting the Pay Date: You must report the pay date when sending the payment.The pay date iu the date on which the
amount was withheld from the emp|oyee/ob|igur'e wages.You must comply with the law nf the State(or Tribal law if
applicable)of the employee/obligor's principal place of employment regarding time periods within which you must implement
the withholding and forward the support payments.
Multiple |VV0w: |f there is more than one |VVO against this employee/obligor andyouonaunab|ebnfu(|yhonoraU |VVOodueVu
Federal, State, or Tribal withholding limits, you must honor all IWOs to the greatest extent possible,giving priority to current
support before payment of any past-due support. Follow the State or Tribal law/procedure of the omp|oyee/nb|igo/mprincipal
place uf employment ho determine the appropriate allocation method.
Lump Sum Payments: Youmayberequ|red1onoUfyoStabaorThba|C8Eagencyofupcuming| m sum payments tothis
employee/obligor such as bonuses, commissions, or severance pay, Contact the sender to determine if you are required to
report and/or withhold lump sum payments.
Liability* |f you have any doubts about the validity of this |VVO. contact the sender. |f you fail Vo withhold income from the
employee/obligor's income as the IWO directs, you are liable for both the accumulated amount you should have withheld and
any penalties set by State or Tribal |aw/pnooaduna.
Anti-d iscrim I nation: You are subject to a fine determined under State or Tribal law for discharging an employee/obligor from
employment, refusing to employ,or taking disciplinary action against an employee/obligor because of this IWO.
OMB Expiration Date-05m`oo`4.The OMB Expiration Date has"o bearing o"the termination date m the mm;o identifies the version m the form currently muse.
Form EN-428DO/12
Service Type K8 Page 2cf3 Worker |[} $|ATT
. ~
Employer's Name: DEPT OF DEFENSE CIVILIANS Employer FEIN:
Employee/Obligor's Nome: MCCOLLUM,JEFFREY L. 5336100750
CSE Agency Case Identifier: Order Identifier:(See Addendum for orderldocket information)
Withholding Limits:You may not withhold more than the lesser of: 1)the amounts allowed by the Federal Consumer Credit Protection
Act(CCRA)(15U3.C. 1573(b));or2)the amounts allowed by the State or Tribe of the omp|oyombb|iQor's principal place of
employment(see REMITTANCE INFORMATION). Disposable income is the net income left after making mandatory deductions such
as:State, Federal,local taxes;Social Security taxes;statutory pension contributions;and Medicare taxes.The Federal limit is 50%of
the disposable income if the obligor is supporting another family and 60%of the disposable income if the obligor is not supporting
another family. However,those limits increase 5%-to 55%and 65%-if the arrears are greater than 12 weeks. If permitted by the State
or Tribe,you may deduct afee for administrative costs.The combined support amount and fee may not exceed the limit indicated in
this section.
For Tribal orders,you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers/income
withholders who receive a State IWO,you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which
the employer/income withholder is located or the maximum amount permitted under section 303(d)of the OCPA(15U.S.C. 1G73(b)).
Depending upon applicable State or Tribal law,you may need to also consider the amounts paid for health care premiums in
determining disposable income and applying appropriate withholding limits.
Arrears greater than 12 weeks?If the Order Information does not indicate that the arrears are greater than 12 weeks,then the
Employer should calculate the CCPA limit using the lower percentage.
Additional Information:
NOTIFICATION OF EMPLOYMENT TERMINATION OR INCOME STATUS: If this employee/obligor never worked for you or you are
no longer withholding income for this employee/obligor, an employer must promptly notify the CS E agency and/or the sender by
returning this form to the address listed in the Contact Information below: 3115751420
0 This person has never worked for this employer nor received periodic income.
0 This person no longer works for this employer nor receives periodic income.
Please provide the following information for the employee/obligor:
Termination date: Last known phone number:
Last known address:
Final Payment Date To SDU/Tribal Payee: Final Payment Amount:
New Employers Name:
New Employer's Address:
CONTACT INFORMATION:
To Employer/Income Withholder: |f you have any questions,contact WAGE ATTACHMENT UNIT(Issuer name)
by phone et . by fax at . by email orvvebmibnat: .
Send termination/income status notice and other correspondence to: DOMESTIC RELATIONS SECTION, 13 N. HANOVER ST.
P.O. BOX 320, CARLISLE. PA. 17013(Issuer address).
To Employee/ObUggrl|f the employee/obligor has questions, contact WAGE ATTACHMENT UNIT(Issuer name)
by phone at . by fax a1 . by email orwebo\haat .
IMPORTANT:The person completing this form is advised that the information may Ue shared with the ompbyee/oWignc
OMB^m'exm1o* Form EN-428OG/12
Service Type M Page 3 of 3 Worker ID $IATT
ADDENDUM
Summary of Cases on Attachment
Defendant/Obligor: MCCOLLUM, JEFFREY L.
PACSES Case Number 538104925 PACSES Case Number
Plain-tiff Name Plaintiff Name
TERRIE A. MCCOLLUM
Docket Attachment Amount Docket Attachment Amount
01-M7 CIVIL $ 1,224.00 $ 0.00
Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB
PACSES Case Number PACSES Case Number
.Plaintiff Name Plaintiff Name
Docket Attachment Amount Docket Attachment Amount
$ 0.00 $ 0.00
Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB
PACSES Case Number PACSES Case Number
Plaintiff Name Plaintiff Name
Docket Attachment Amount Docket Attachment Amount
$ 0.00 $ 0.00
Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB
Addendum Form EN-428 06112
Service Type M OMB No.:0970-0154 Worker ID $IATT
~ ^
INCOME WITHHOLDING FOR SUPPORT ��`�� /A/L(� �/�
�] ��« ' ~-7 /^��
D ORIGINAL INCOME WITHHOLDING onoEmmonns FOR SUPPORT(I«wO) 01 _ ~7'7b_7 /T1111
(J ows'r/wconosn/wor/os FOR LUMP SUM PAYMENT
(j) TERMINATION opuwo mum:
[D Child Support Enforcement(CSE)Agency N Court E] Attorney 0 Private Individual/Entity(Check One)
NOTE:This IWO must be regular on its face, Under certain circumstances you must reject this IWO and return it to the sender(see IWO
instructions http://�\vvw.acf.hhs,-qov/pLograms/cse/newhire/emolover/publication/publication.htm-forms). If you receive this docurnentfrom
someone other than a State or Tribal CSE agency or a Court, a copy of the underlying order must be attached.
StaterrriberTerritory Commonwealth of Pennsylvania Remittance Identifier(include w/payment): 5336100750
City/CountyIDist.fTribe CUMBERLAND Order Identifier: (See Addendum for orderldocket Informaiton)
Private Individual/Entity CSE Agency Case Identifier: (See Addendum for case summary)
RE: MCCOLLUM,JEFFREY L.
DEPT OF DEFENSE CIVILIANS Employee/Obligor's Name(Last,First,Middle)
Sent Electronically Employee/Obligors Social Security Number
(See Addendum thr plaintiff names
DO NOT MAIL associated with cases on attachment)
Custodial Party/Obligee's Name(Last,First,
Employer/income Withholder's FEIN 311575142 NOTE:This IWO must be regular on its face.
Under certain circumstances you must reject
Child(ren)'s Name(s)(Last, First,Middle) Child(ren)'s Birth Date(s) this IWO and return it to the sender(see IWO
instructions
you receive this document from someone other
than a State or Tribal CSE agency or a Court,a
copy of the underlying order must be attached.
See Addendum for dependent names and birth dates associated with cases on attachment.
ORDER INFORMATION: This document io based on the support or withholding order from CUMBERLAND County,
Commonwealth of Pennsylvania (State/Tribe), You are required by law to deduct these amounts from the employee/
obligor's income until further notice. c-) -F;
$ Der month in current child support
per month in pamt+duech\|d support- Arreans 12 weeks or greater? { v�-n�Mz� 4��
rn��
% per�lOD1�incurnentuaohmmdicm|muppo�
$ 0.00 per Month in past-due cash medical support
$ 0.00 per month in current spousal support
$ 0.00 per month in past-due spousal support
$ o.00 per month in other(must specify)
for oTotal Amount to Withhold mf$ 0,00 per month.
o`
`
AMOUNTS TO WITHHOLD: You do not have to vary your pay cycle tobmin compliance with the Order Information,
If your pay cycle does not match the ordered payment cycle, withhold one of the following amount:
$ 0.00 per weekly pay period, $ o.00 per semimonthly pay period(twice omonth)
$ O.00 per biweekly pay period(every two weeks) $ o.00 per monthly pay period,
$ Lump Sum Payment: Do not stop any existing you receive o termination order.
REMITTANCE INFORMATION: If the empioyee/obligor's principal place of employment is within the Commonwealth
of Pennsylvania (Shato/Thba). you must begin withholding no later than the first pay period that occurs ten (10)
wq[!ft days after the date of . Send payment within working days of the pay date, If
you cannot withhold the full amount of support for any or all orders for this employee/obligor,withhold up to 55% of
disposable income for all orders. If the employee/obligor's principal place of employment is not within the
Commonwealth of Pennsylvania (8tate/7ribe), the employer can obtain withholding limihaUonn, time naquirmmantm,
and any allowable employer fees at http://www.acf.hhs.gov/proarams/ese/newhire/employer/contacts/contact map.
h1DI for the employee/obligor's principal place of employment.
Document Tracking Identifier
OMB No.:oymm,o*
Form EN-428 00/12
Service Type M . Worker|[} G|ATT
5
❑ Return to Sender [Completed by Employer/Income Withholder]. Payment must be directed to an SDU in
accordance with 42 USC §666(b)(5)and (b)(6) or Tribal Payee (see Payments to SDU below). If payment is not
directed to an SDU/Tribal Payee or this IWO is not regular on its face, you must check this box and return the IWO to
the sender.
Signature of Judge/Issuing Official (if required by State or Tribal law): KEVIN A HESS
Print Name of Judge/Issuing Official:
Title of Judge/Issuing Official:
Date of Signature: APRIL 12,2013
If the employee/obligor works in a State or for a Tribe that is different from the State or Tribe that issued this order,a copy of this IWO
must be provided to the employee/obligor.
❑ If checked,the employer/income withholder must provide a copy of this form to the employee/obligor.
ADDITIONAL INFORMATION FOR EMPLOYERS/INCOME WITHHOLDERS
Pennsylvania law(23 PA C.S.§4374(b))requires remittance by an electronic payment method if an employer is ordered
to withhold income from more than one employee and employs 15 or more persons,or if an employer has a history of
two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections and
Disbursement Unit(PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00
Make Remittance Payable to: PA SCDU
Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112
IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER/D(shown above as
the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT
SEND CASH BY MAIL.
State-specific contact and withholding information can be found on the Federal Employer Services website located at:
http//www acf hhs gov/programs/cse/newhire/employer/contacts/contact map htm
Priority:Withholding for support has priority over any other legal process under State law against the same income(USC 42
§666(b)(7)). If a Federal tax levy is in effect, please notify the sender.
Combining Payments: When remitting payments to an SDU or Tribal CSE agency, you may combine withheld amounts from
more than one employee/obligor's income in a single payment.You must, however, separately identify each employee/
obligor's portion of the payment.
Payments To SDU: You must send child support payments payable by income withholding to the appropriate SDU or to a
Tribal CSE agency. If this IWO instructs you to send a payment to an entity other than an SDU (e.g., payable to the custodial
party, court, or attorney), you must check the box above and return this notice to the sender. Exception: If this IWO was sent
by a Court, Attorney, or Private Individual/Entity and the initial order was entered before January 1, 1994 or the order was
issued by a Tribal CSE agency, you must follow the"Remit payment to" instructions on this form.
Reporting the Pay Date: You must report the pay date when sending the payment.The pay date is the date on which the
amount was withheld from the employee/obligor's wages.You must comply with the law of the State(or Tribal law if
applicable)of the employee/obligor's principal place of employment regarding time periods within which you must implement
the withholding and forward the support payments.
Multiple IWOs: If there is more than one IWO against this employee/obligor and you are unable to fully honor all IWOs due to
Federal, State, or Tribal withholding limits, you must honor all IWOs to the greatest extent possible, giving priority to current
support before payment of any past-due support. Follow the State or Tribal law/procedure of the employee/obligor's principal
place of employment to determine the appropriate allocation method.
Lump Sum Payments: You may be required to notify a State or Tribal CSE agency of upcoming lump sum payments to this
employee/obligor such as bonuses, commissions, or severance pay. Contact the sender to determine if you are required to
report and/or withhold lump sum payments.
Liability: If you have any doubts about the validity of this IWO, contact the sender. If you fail to withhold income from the
employee/obligor's income as the IWO directs, you are liable for both the accumulated amount you should have withheld and
any penalties set by State or Tribal law/procedure.
Anti-discrimination: You are subject to a fine determined under State or Tribal law for discharging an employee/obligor from
employment, refusing to employ, or taking disciplinary action against an employee/obligor because of this IWO.
OMB Expiration Date-05/31/2014.The OMB Expiration Date has no bearing on the termination date of the IWO;it identifies the version of the form currently in use.
Form EN-428 06/12
Service Type M Page 2 of 3 • Worker ID $IATT
� ~
Employer's Name: DEPT OF DEFENSE CIVILIANS Employer FEIN:
Employoo/Obigor'sNamo: MCCOLLUM,JEFFREY L. - 5336100750
CSE Agency Case Identifier: Order Identifier:(—See Addendum fo orderldocket information
Withholding Limits:You may not withhold more than the lesser of: 1)the amounts allowed by the Federal Consumer Credit Protection
Az (CCPA)(15 U.S.C. 1673(b));or 2)the amounts allowed by the State or Tribe of the employee/obligor's principal place of
employment(see REMITTANCE INFORMATION). Disposable income is the net income left after making mandatory deductions such
as:State, Federal,local taxes;Social Security taxes;statutory pension contributions;and Medicare taxes.The Federal limit is 50%of
the disposable income if the obligor is supporting another family and 60%of the disposable income if the obligor is not supporting
another family.However,those limits increase 5%-to 55%and 65%-if the arrears are greater than 12 weeks. If permitted by the State
or Tribe,you may deduct a fee for administrative costs.The combined support amount and fee may not exceed the limit indicated in
this section.
ForThba/undena.youmayno1withho|dmnradhonMheamountoeUowodundortbe|awoftheioxuinDThbn. FnrThbo|mmp\uyers/inoome
withholders who receive a State IWO,you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which
the employer/income withholder is located or the maximum amount permitted under section 303(d)of the CCPA(115 U.S.C. 1673(b)).
Depending upon applicable State or Tribal law,you may need to also consider the amounts paid for health care premiums in
determining disposable income and applying appropriate withholding limits.
Arrears greater than 12 weeks?If the Order Information does not indicate that the arrears are greater than 12 weeks,then the
Employer should calculate the CCPA limit using the lower percentage.
Additional Information:
NOTIFICATION OF EMPLOYMENT TERMINATION OR INCOME STATUS: If this employee/obligor never worked for you or you are
no longer withholding income for this employee/obligor,an employer must promptly notify the CSE agency and/or the sender by
returning this form to the address listed in the Contact Information below: 3115751420
0 This person has never worked for this employer nor received periodic income.
0 This person no longer works for this employer nor receives periodic income.
Please provide the following information for the employee/obligor-,
Termination date: Last known phone number:
Last known address:
Final Payment Date To SDU/Tribal Payee: Final Payment Amount:
New Employer's Name:
New Employer's Address:
CONTACT INFORMATION:
To Employer/Income Withholder: |f you have any questions, contact WAGE ATTACHMENT UNIT(Issuer name)
by phone at . by fax at . by email nrvveboikaat: .
Send termination/income status notice and other correspondence to: DOMESTIC RELATIONS SECTION, 13 N. HANOVER ST,
P.O. BOX 320, CARLISLE, PA. 17013(Issuer address).
To Employee/OblLgor. |f the employee/obligor has questions,contact WAGE ATTACHMENT UNIT(Issuer name)
by phone nt by fax ot . by email orwmbaUoat www.childsupport.state.pa.us.
IMPORTANT:The person completing this form is advised that the information may be shared with the employee/obligor.
OMB wo'oym-01o^ Form EN-428OG/12
Service Type K8 Page 3of3 Worker |D $|ATT
ADDENDUM
Summary of Cases on Attachment
Defendant/Obligor: MCCOLLUM, JEFFREY L.
PACSES Case Number 538104925 PACSES Case Numbe
Plaintiff Name Plaintiff Name
TERRIE A. MCCOLLUM
Docke t Attachment Amount Docke Attachment Amount
01-2267 CIVIL $ 0.00 $ 0.00
Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB
PACSES Case Nurnber PACSES Case Number
Plaintiff Name Plaints Name
Docket Attachment Amount Docket Attachment Amount
$ 0.00 $ 0.00
Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB
PACSES Case Number PACSES Case Number
Plaintiff Name Plaintiff Name
Do ke Attachment Amount b c et Attachment Amount
$ 0.00 $ 0.00
Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB
Addendum Fora EN-428 0$/12
Service Type M OMB No.:0970-0154 Worker ID $IATT