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Home My WebLink About01-03282IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. t? JOHN J. WELLS, JR., Plaintiff VERSUS LINDA L. WELLS Defendant No. 01-3282 Civil IN DIVORCE DECREE IN DIVORCE AND NOW, of L V -'MA, IT IS ORDERED AND DECREED THAT JOHN J. WELLS, JR. , PLAINTIFF, AND LINDA L. WELLS ARE DIVORCED FROM THE BONDS OF MATRIMONY. DEFENDANT, 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; Equitable distribution of marital property, alimony pendente lite attorney's fees and alimony. The Spousal Support Order docketed to X11056-5-96 PACSES Case No. 771000028, shall be converted to alimony pendente lite. BY THE COXIRT: ATTEST: J. PROTHONOTARY ------------------ w ae, 'Cap JOHN J. WELLS, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 01 - 3282 CIVIL LINDA L. WELLS, Defendant IN DIVORCE NOTICE OF PRE-HEARING CONFERENCE TO: Paul J. Esposito , Attorney for Plaintiff Robert L. O'Brien , 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 24th day of August 2005, 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: 6/22/05 E. Robert Elicker, II Divorce Master Paul J. Esposito, Esquire I.D. #25454 GOLDBERG KATZMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161; (717) 2344161 (facsimile) JOHN J. WELLS, JR., Plaintiff V. LINDA L. WELLS, Defendant IN THE T OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-3282 Civil Term IN DIVORCE PRE-TRIAL STATEMENT AND NOW COMES Plaintiff, JOHN J. WELLS, JR., by his attorneys, Goldberg Katzman, P.C., and Paul J. Esposito, Esquire, and files the following Pre-Trial Statement pursuant to Pennsylvania Rule of Civil Procedure 1920.33(a) and (b): 1. LIST OF MARITAL AND NON-MARITAL ASSETS. - See attached compilation of Marital Property of Plaintiff. 2. EXPERT WITNESSES. - None anticipated. OTHER WITNESSES. - Plaintiff anticipates no witnesses other than himself. 4. EXHIBITS - To be determined. INCOME STATEMENT. - Neither party has raised a claim for alimony, alimony pendente lite or counsel fees, costs and expenses, and therefore no Income and Expense Statement has been prepared or filed. 6. EXPENSE STATEMENT. - Neither party has raised a claim for alimony, alimony pendente lite or counsel fees, costs and expenses, and therefore no Income and Expense Statement has been prepared or filed. a PENSIONS. - Plaintiff has military retirement benefits, which are in pay status. His retirement has both marital and non-marital components. Plaintiff s retirement includes a survivor benefit. To the best of Plaintiff s knowledge, Defendant has a retirement benefit and 401k plan through her employment. 8. COUNSEL FEES. - No claim has been made by either party. 9. DISPUTED PERSONAL PROPERTY. - None anticipated, however Plaintiff does wish to retrieve certain items of personal property from the former marital residence. This will require a "walk-through" inasmuch as Plaintiff has not been in the home since 1996. 10. MARITAL DEBTS. - There is a mortgage against the former marital residence with a balance of $70,194.75 as of January, 2005. 11. RESOLUTION OF THE ECONOMIC ISSUES. - (a) The former marital residence shall be sold. Plaintiff shall be entitled to a portion of the net proceeds and the fair rental value of the home since separation in 1996. (b) Defendant shall retain the bulk of the household contents/personal property, savings bonds, her pension and 401K plan and Plaintiff will make no claim for the funds she retained from the parties' PNC checking account. (c) Plaintiff shall retain his military retirement and recover certain items of personal property from the marital residence, after inspection. (d) Defendant shall relinquish her claim to the survivor benefit component of Plaintiff s retirement. ::0DMATCD0CSID0CY10172117 2 -s (e) The parties shall waive and relinquish any claims either may have to alimony, alimony pendente lite, counsel fees, costs and expenses. (f) The spousal support order presently in effect shall be terminated as of the date of the issuance of a final Decree in Divorce. (g) The parties shall be divorced pursuant to §3301(c) or, in the alternative, 3301(d) of the Divorce Code, as amended. Respectfully submitted, GOLDBERG KATZMAN, P.C. 99;j Paul J. po o Attorney I. D. #25454 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 (717) 234-6808 (facsimile) Date: a 19 JQ S Attorney for Plaintiff :: ODMA I PCDOCS I DOC5110172 N F a a a F O O .ti G ? G ? G ? ?L d y ? ? O a t?tl x W ? ? a N N U F y O "V'+ d ~ W c C Q y G A ?L G ?F lL' ?G ?y O d 7 R z o ?a c O O m O b ? K O p 0 Y L O O ? O ?.•! O °O 4 ? O, ty 'O t? b u rn oo m . ?. rn ? o ti G b L H V] N O Q. K ? O y- ? ? L y ? _ U ss 0 0 d 0 a o •y is u y U E E E E E Q Q Q A Q Q H ? y x x 3 3 x 3 x ?o z O t9 U > O M O O L U vMi `u W ? .. o O ?" Q C N Pr N .?. C C y U Y. CL W Pi F, O C 'O °' z L 1 > ? C Pr ¢ ?f 'G' ?' C t m U o 0 0 M CERTIFICATE OF SERVICE On this 9? day of February, 2005, I certify that the original and one copy of the foregoing was served upon the following counsel of record for Plaintiff by placing the same in the United States mail, first class, postage prepaid, addressed as follows: Ms. Linda L. Wells 1004 Northfield Drive Carlisle, PA 17013 GOLDBERG KATZMAN, P.C. Paul J. o ' o Supreme Cd(trt ID #25454 Attorneys for Plaintiff r,, h? c; _. -„ - -„ :-? ?;?r ?_ P„,, ,, - ,^ -?> ,?„ .. =; , _ , __. ., ; ; , ` i?a i , n °_? c-r ;r 6..!.D :.. ;. / /-? ??? : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA JOHN J. WELLS, JR. : CIVIL ACTION -LAW LINDA L. WELLS NO. 01 - 3282 IN DIVORCE ORDER AND NOTICE SETTING HEARING TO: John J. Wells, Jr. Paul J. Esposito Linda L. Wells Plaintiff Counsel for Plaintiff 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 1 1 th North Hanover Street, Carlisle, Pennsylvania, on the April 2006 at 9:00 day of 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, Geo de. er, Pge Date of Order any2/21/05 Notice: By: Divorce Master IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET, CARLISLE, PA 17013 TELEPHONE (717) 249-3166 Goldberg Katzman A full-service law firm. March 22, 2006 Arthur L. Goldberg n 757-20001 Harry B. Goldberg (1961-1998' E. Robert Elicker, II, Esquire Divorce Master Ronald M. Katzman 9 North Hanover Street Rail J. Esposito Carlisle, PA 17011 Neil E. Hendershot 1. Jay Cooper Re: Wells v. Wells Thomas F. Brenner Docket No. 2001-3282 April L. Strang-Kutay Gny H. Brooks Dear Mr. Elicker: Jerry J. Russo Michad J. Grocenzi I enclose for your information a copy of Decree in Divorce, which was Thomas 1. weber issued in the above-referenced case on March 16, 2006. Steven E. Givbb Thank you for your attention to this matter. John LeLorenzo Ito?ece L. Morris Yours very truly, David Al. Steckel Joseph M. SembroC Heather L. Paterno Carly J. Wismer - Paul . $ posito Michael F. Socha PJE/sam couNSIj Enclosure Joshua D. Lod: cc: John Wells Arnold B. Kogan _ :: ODMA I PCDOCS I DOCSV 1108013 s30 Market Street, Strawberry Square I P.O. Box 12681 Harrisburg, PA 17108-1268 1717-234-4161 1717-234-6808 (fax) www.goldbergkatzman.com IN THE COURT OF COMMON PL OF CUMBERLAND COUNTY IVA STATE OF PENNA. 1? JOAN T. WELLS, JR., Plaintiff VERSUS LINDA L. WELLS. Defendant S No. 01-3282 Civil IN DIVORCE DECREE IN DIVORCE AND NOW, March 16 2006 , IT IS ORDERED AND DECREED THAT JOAN J. WELLS, JR. , PLAINTIFF, AND LINDA L. WELLS DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; Equitable distribution of marital property, alimony pendente lite, attorney's fees and alimony. The Spousal Support Order docketed to #1056-S-96 PACSES Case N2 k 171000028, shall be converted to alimony pendente lite. BY THE COURT: Edgar B. Bayley ATTEST: _ J. PROTHONOTARY Certified Copy Issued: M rch 16, 200 JOHN J. WELLS, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. N0. 01 - 3282 CIVIL LINDA L. WELLS, Defendant IN DIVORCE RE: Pre-Hearing Conference Memorandum DATE: Tuesday, December 20, 2005 Present for the Plaintiff, John J. Wells, Jr., is attorney Paul J. Esposito. Also present in the hearing room is the Defendant, Linda L. Wells. Her counsel, Robert L. O'Brien, withdrew pursuant to an order of court signed by Judge Bayley permitting him to withdraw as counsel. At this time Ms. Wells remains unrepresented. The parties were married on March 1, 1978, and separated September 29, 1996. They are the natural parents of one child who is emancipated. Husband currently resides in Rego Park, New York. His address is 98-09 65th Road, Apartment 1-D, Rego Park, New York 11374. Wife currently resides in the marital home at 1004 North Field Drive, Carlisle, Pennsylvania. We had conference in this matter on August 31, 2005, at which time we talked about having wife retain the house and husband's name removed from any liability as a condition of his signing over the house to wife pursuant to her refinancing. At this time, however, the parties apparently are willing to have the house listed for sale and Mr. Esposito is going to contact a realtor and present to Ms. Wells a listing agreement requesting her signature to have the house listed. Mr. Esposito should probably be able to accomplish the contact with the realtor within the next couple of days and then the realtor should perhaps be able to get a listing agreement out to the parties within the next week to ten days. Ms. Wells has given Mr. Esposito her e-mail address and phone number so they can be in touch with each other regarding issues that are needing to be resolved in this case. Husband has indicated that he wants to remove some tangible personal property from the house. Wife says that after nine years she has no idea what husband may be talking about but husband should provide, if possible, a 1 list of items that he would like to have wife give to him. Wife indicated that previously she had provided husband a number of items from the house which she set out on the lawn and husband and his attorney came by and removed. Husband is in pay status with a military pension and counsel for husband and wife need to determine what the marital portion of that pension is and then we need to try to determine what wife's monthly entitlement would be from that benefit. Wife has indicated that she wants to retain the survivor benefit option which according to the Master's notes from August 2005 costs $79.00 a month. The Master believes that the $79.00 is deducted monthly from the gross benefit before it is then distributed to husband. Wife has a 401(k), which on September 29, 1996, or thereabouts, had a value of $2,178.00. The Master has indicated that he would apply an interest factor to that value from the date of separation to determine a present value for distribution. Using the interest factor, would allow husband to benefit from the increase in value of the marital portion. Obviously we are not including any post-separation contributions that wife may have made to the 401(k). Wife has asked for a statement showing the length of active service of husband in the military. She is saying that the form is DD214. Mr. Esposito, using his own calculation, has determined that he believes the marital portion is around 83% to 84% of the pension. With respect to the claim for alimony, the Master has previously indicated that he thought perhaps he would like to leave the alimony claim alive but had no predisposition toward what, if any, the amount should be. In order to evaluate the alimony claim, the Master will have to know what kind of benefit wife is going to receive out of the pension and also to consider the factors that would apply with respect to alimony from the divorce code. I am going to ask Ms. Wells and Mr. Esposito to offer, on the record, any statements they wish to make regarding information they need to exchange or information that would help in the process of getting this matter resolved. Mr. Esposito indicated that he had previously, about two years ago, filed a petition for bifurcation which has not been acted upon. He also indicated that he recently filed a petition for special relief regarding the sale of the house but hopefully that matter will be resolved when the house gets listed for sale. Mr. Esposito. 2 MR. ESPOSITO: I would want verification from Ms. Wells concerning any pension or retirement that she has through her employment, asking basically for the same information that Mr. Wells is being asked to provide regarding his military pension. MS. WELLS: Well, then his retirement for his current job too? MR. ESPOSITO: No; that's all post-separation. THE MASTER: He is asking for pre-separation information. MS. WELLS: Well, it should -- it's like the 401(k). I wasn't full-time so it is hardly anything. That's fine. MR. ESPOSITO: Another question that I have with respect to Mr. Wells' military retirement is obviously the monthly amount that he received at the time of separation was much less than what he receives now, which figure are we dealing with? THE MASTER: Unless the increase is as a result of his active participation toward accumulating that increase, we would use the benefit now, the value now, which I expect is a result of passive accumulation and where there is a passive accumulation then wife is entitled to be included in the increase of the benefit. Anything else, Mr. 3 Esposito? MR. ESPOSITO: Clarification on what you said about responsibility for payment of the survivor benefit. THE MASTER: Off the record. (Whereupon, a discussion was held off the record.) THE MASTER: The Master attempted to respond to Mr. Esposito's inquiry off the record. Ms. Wells, do you have anything you want to place on the record as far as information you would like to have provided or assets that you think need to be considered? MS. WELLS: Not at this time. THE MASTER: A hearing is scheduled for Tuesday, April 11, 2006, at 9:00 a.m. Notices will be sent to counsel and the parties. cc: Paul J. Esposito Attorney for Plaintiff Linda L. Wells Defendant - Pro Se 4 p JOHN J. WELLS, JR. Plaintiff VS. DAL WEL,LS1 Y f?'1Y??? V? Defendant C?M1?2 'Ifs. 1?b? ? DATE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW N%1 -3282 CIVIL 19 IN DIVORCE STATUS SHEET /'pi/ IDlll?o? L .a A.v. LA?W 1.,. FA ? ?30 W f ,y - -1 o,l JOHN J. WELLS, JR., Plaintiff Vs. LINDA L. WELLS, Defendant TO: Paul J. Esposito Linda L. Wells THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01 - 3282 CIVIL IN DIVORCE Attorney for Plaintiff Defendant DATE: Monday, February 28, 2005 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. (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. Paul J. Esposito I.D. #25454 Goldberg Katzman, P.C. 320 Market Stuart, Strawberry Square Post Office Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 JOHN J. WELLS, JR., Plaintiff V. LINDA L. WELLS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-3282 Civil Tenn IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Personally appeared before me, a Notary Public, in and for said Commonwealth and County, PAUL J. ESPOSITO, ESQUIRE, who being duly sworn according to law deposes and says that on January 24, 2006, he sent a copy of the Notice of Intention to Request Entry of §3301(D) Divorce Decree by first class mail to Linda L. Wells, at 1004 Northfield Drive, Carlisle, Pennsylvania 17013, a copy of said mailing is attached hereto and made a part hereof. V 12( PAUL J S SITO, ESQUIRE Sworn to and subscribed before me this /S"`day of 2006. 'P" o -4 a ly A. Mars otary Publi My Commission Expires: 1 :: ODMAI PCD0CSID0CSi9793813 4 Copy Goldberg Katzman A full-service law firm. January 24, 2006 Arthur L. Goldberg (1951-2000) Harry B. Goldberg (1961-1998) Ronald 10. Katzman Paul J. Esposito Neil E. Hendershot 1. Jay Cooper Thomas E. Brenner April L. Strang-Kutay Guy H. Brooks Jerry 1. Russo Michael J. Crocenzi Thomas J. Weber Steven E. Grubb John DeLorenzo Royce L. Morris David M. Steckel Joseph M. Sembrot Heather L. Paterno Carly J. Wismer Michael F. Socha COUNSEL Joshua D. Lock Arnold B. Kogan Ms. Linda L. Wells 1004 Northfield Drive Carlisle, PA 17013 Re: Wells v. Wells Cumberland County Docket No. 01-3282 Dear Ms. Wells: Enclosed for service upon you is Notice of Intention to Request Entry of §3301(d) Divorce Decree in the above-referenced divorce proceeding. Yours very truly, Paul PJE/sam Enclosure ec: John J. Wells, Jr. ::ODMAI PCDOCSI DOCSV 0074215 320 Market Street, Strawberry Square P.O. Box 1268 Harrisburg, PA 17108-1268 717-234-4161 717-234-6808 (fax) www.goldhergkatzrnan.cont Paull. Esposito, Esquire I.D. #25454 GOLDBERG KATZMAN, P.C. 320 Market Sues P. O. Box 1268 Harrisburg, PA 17108-1268 (717)234.4161;(717)234-4161(facsimile) JOHN J. WELLS, JR., Plaintiff V. LINDA L. WELLS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBE COUNTY, PENNSYLVANIA CIVIL . RPOP NO. 01-3282 Civil Term IN DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF & 3301(d) DIVORCE DECREE TO: LINDA L. WELLS, DEFENDANT You have been sued in an action for divorce. You have failed to answer the complaint or file a counter-affidavit to the § 3301(d) affidavit. Therefore, on or after February 20, 2006, the other party can request the court to enter a final decree in divorce. If you do not file with the Prothonotary of the court an answer with your signature notarized or verified or a counter-affidavit by the above date, the court can enter a final decree in divorce. A counter-affidavit which you may file with the Prothonotary of the court is attached to this notice. Unless you have already filed with the court a written claim for economic relief, you must do so by the above date or the court may grant the divorce and you will lose forever the right to ask for economic relief. The filing of the form counter-affidavit alone does not protect your economic claims. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. PENNSYLVANIA LAWYER REFERRAL SERVICE Pennsylvania Bar Association P.O. Box 186 Harrisburg, PA 37108 Telephone: (800) 692-7375 JOHN J. WELLS, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. ION-LAW LINDA L. WELLS, li Defendant INDIVOR UU COUNTER AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE Check either (a) or (b): (a) I do not oppose the entry of a divorce decree. (b) I oppose the entry of a divorce decree because: (Check (i), (ii), or both): (i) The parties to this action have not lived separate and apart for a period of at least two years. (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): (a) I do not wish to make any claims for economic relief. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the Prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims. I verify that the statements made in this. Counter-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 unworn falsification to authorities. Date: Defendant NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU SHOULD NOT FILE THIS COUNTER-AFFIDAVIT. ::ODMAI PCDOCS000S113063311 l'col [rrrr: s. 3 i z o ON JOHN J. WELLS, JR., IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. LINDA L. WELLS, DEFENDANT 01-3282 CIVIL TERM ORDER OF COURT AND NOW, this ?zv' day of March, 2006, the request for the entry of a decree in divorce at this time, IS DENIED.' Byte-Court, i Edgar B. Bayley, J. /aul J. Esposito, Esquire For Plaintiff ,Ynda L. Wells, Pro se 1004 Northfield Drive Carlisle, PA 17013 :sal .0 0\1 ' The complaint and 3301(d) affidavit were filed on May 30, 2001, and served on defendant on June 11, 2001. On January 9, 2006, a Rule was made absolute providing that, "Upon presentation of the required documents, a bifurcated decree in divorce will be entered." On March 2, 2006, plaintiff filed a praecipe to transmit the record for the entry of a bifurcated decree on the ground of irretrievable break down under Section 3301(d) of the Divorce Code. Plaintiff, however, has not filed proof of service on defendant of a notice of intention to transmit the record for the entry of such a decree. That is a required document before this bifurcated decree can be entered. ? ^e9 ? 1= t ny Al Paul J. Esposito, Esquire I.D. #25454 GOLDBERG KATZMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161; (717) 234-4161 (facsimile) JOHN J. WELLS, JR., Plaintiff v LINDA L. WELLS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-3282 Civil Term IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under § 3301(d) of the Divorce Code. 2. Date and manner of service of the Complaint: June 11, 2001, via certified mail - return receipt signed for by Defendant; Affidavit of Service filed June 22, 2001. (a) Date of execution of the affidavit of consent required by § 3301(c) of the Divorce Code: by Plaintiff on ; by Defendant on (b) (1) Date of execution of the Affidavit required by § 3301(d) of the Divorce Code: May 7, 2001 (2) Date of filing and service of Plaintiffs Affidavit upon the Defendant: Filed, May 30, 2001; Served on Defendant June 11, 2001, via certified mail, return receipt. 4. Related claims pending: Equitable distribution of marital property, alimony pendente lite, attorney's fees and alimony. 5. (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: January 24, 2006, via first class mail. (b) Date Plaintiffs Waiver of Notice in § 3301(c) Divorce was filed with the prothonotary: Date Defendant's Waiver of Notice in § 3301(c) Divorce was filed with the prothonotary: Attorney for O -? r a r ? , ..Es (? T7 Tom:, c. c::) G Paul J. Esposito, Esquire I.D. #25454 GOLDBERG KATZMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717)234-4161;(717)234-4161 (facsimile) JOHN J. WELLS, JR., Plaintiff v LINDA L. WELLS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-3282 Civil Tenn IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: Ground for divorce: irretrievable breakdown under § 3301(d) of the Divorce Code. 2. Date and manner of service of the Complaint: June 11, 2001, via certified mail - return receipt signed for by Defendant; Affidavit of Service filed June 22, 2001. (a) Date of execution of the affidavit of consent required by § 3301(c) of the Divorce Code: by Plaintiff on ; by Defendant on (b) (1) Date of execution of the Affidavit required by § 3301(d) of the Divorce Code: May 7, 2001 (2) Date of filing and service of Plaintiffs Affidavit upon the Defendant: Filed, May 30, 2001; Served on Defendant June 11, 2001, via certified mail, return receipt. 4. Related claims pending: Equitable distribution of marital property, alimony nendente lite, attorney's fees and alimony. (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date Plaintiffs Waiver of Notice in § 3301(c) Divorce was filed with the prothonotary: Date Defendant's Waiver of Notice in § 3301(c) Divorce was filed with the prothonotary: f+1 i "? ?? • _ J =i5 i , .? ? , - ,l _ , v _,-J ?: _... ; {^.J -i- h-[. _.? ?;l - . ? p?? /? GOLDBERG, KATZMAN S SHIPMAN, P.C. PAUL J. EsP smo - I.D. #25454 ATTORNEYS FOR PLAINTIFF 320 MARKET STREET STRAWBERRY SQUARE P.D. Box 1 268 HARRISBURG, PA 1 7 1 08- 1 268 (71 7) 234-4 16 1 I JOHN J. WELLS, JR., PLAINTIFF V. LINDA L. WELLS, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DEFENDANT CIVIL ACTION - LAW NO. Q1- 3-?, obra"", IN DIVORCE 6-0"-(?? 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 50, THE CASE MAY PROCEED WITHOUT YOU AND A DECREE OF DIVORCE OR ANNULMENT MAY BE ENTERED AGAINST YOU BY THE COURT. A JUDGMENT MAY AL50 BE ENTERED AGAINST YOU FOR ANY OTHER CLAIM OR RELIEF REQUESTED IN THESE PAPERS BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU, INCLUDING CUSTODY OR VISITATION OF YOUR CHILDREN. WHEN THE GROUND FOR 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, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 1 7013 (71 7) 249-3166 GOLDBERG, KATZMAN & SHIPMAN, P.C. PAUL J. ESPOSITO - I.D. #25454 ATTORNEYS FOR PLAINTIFF 320 MARKET ST., P.O. BOX 1 268 HARRISBURG, PA 17 1 08- 1 268 (7 17) 234-4 1 6 1 JOHN J. WELLS, JR., PLAINTIFF V. LINDA L. WELLS, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW/? r? NO. IN DIVORCE NOTICE IF YOU WISH TO DENY ANY OF THE STATEMENTS SET FORTH IN THIS AFFIDAVIT, YOU MUST FILE A COUNTER-AFFIDAVIT WITHIN TWENTY DAYS AFTER THI5 AFFIDAVIT HAS BEEN SERVED ON YOU OR THE STATEMENTS WILL BE ADMITTED. AFFIDAVIT UNDER SECTION 330 1 (D) OF THE DIVORCE CODE I . THE PARTIES TO THIS ACTION SEPARATED ON OR ABOUT JUNE 20, 1996, AND HAVE CONTINUED TO LIVE SEPARATE AND APART FOR A PERIOD OF AT LEAST TWO YEARS. 2. THE MARRIAGE 15 IRRETRIEVABLY BROKEN. 3. 1 UNDERSTAND THAT I MAY LOSE RIGHTS CONCERNING ALIMONY. DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES IF I DO NOT CLAIM THEM BEFORE A DIVORCE 15 GRANTED. I VERIFY THAT THE STATEMENTS MADE IN THIS AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: 6171®I OHN W JR. GOLDBERG. KATZMAN S SHIPMAN, P.C. PAUL J. EsP sITo - I.D. #25454 ATTORNEYS FOR PLAINTIFF 320E MARKET STREET STRAWBERRY SQUARE P.O. Box 1 268 HARRISBURG, PA 1 7 108-1 268 (7 1 7) 234-4 16 1 JOHN J. WELLS, JR., IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAWOo?? " LINDA L. WELLS, NO. ?? 32f L t?c? C T? DEFENDANT IN DIVORCE COMPLAINT IN DIVORCE I . JOHN J. WELLS, JR., IS AN ADULT INDIVIDUAL, WHO CURRENTLY RESIDES AT 98-09 65," ROAD, APARTMENT I -D, REGO PARK, NEW YORK. 2. DEFENDANT, LINDA L. WELLS, IS AN ADULT INDIVIDUAL WHO CURRENTLY RESIDES AT 1 004 NORTHFIELD DRIVE, CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA. 3. PLAINTIFF AVERS THAT DEFENDANT HAS BEEN A BONA FIDE RESIDENT IN THE COMMONWEALTH OF PENNSYLVANIA FOR A PERIOD OF AT LEAST SIX (6) MONTHS PREVIOUS TO THE FILING OF THIS COMPLAINT. 4. THE PARTIES WERE MARRIED ON MARCH 1, 1 978, IN CUYAHOGA COUNTY, OHIO. S. THERE HAVE BEEN NO PRIOR ACTIONS OF DIVORCE OR ANNULMENT FILED BY EITHER OF THE PARTIES HERETO, WITH THE EXCEPTION OF AN ACTION IN DIVORCE FILED ON SEPTEMBER 25, 1996, TO NO. 96-53 19 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA. SAID ACTION WAS DISMISSED PURSUANT TO PA. R:J. S. NO. 190 1 (C) BY ORDER OF THE HONORABLE J. WESLEY OILER, JR., ON NOVEMBER 8, 2000. 6. PLAINTIFF HAS BEEN ADVISED OF THE AVAILABILITY OF COUNSELING AND THAT PLAINTIFF HAS THE RIGHT TO REQUEST THAT THE COURT REQUIRE THE PARTIES TO PARTICIPATE IN COUNSELING. 7. THE DEFENDANT IN THI5 ACTION 15 NOT PRESENTLY A MEMBER OF THE UNITED STATES ARMED FORCES OR OF ANY OF ITS ALLIES. 8. PLAINTIFF REQUESTS THE COURT TO ENTER A DECREE OF DIVORCE. COUNT I 9. THE AVERMENTS OF PARAGRAPHS I THROUGH 8 HEREIN ARE HEREBY INCORPORATED BY REFERENCE THERETO. 10. THE MARRIAGE 15 IRRETRIEVABLY BROKEN. COUNT II II. THE AVERMENTS OF PARAGRAPHS I THROUGH 10 HEREIN ARE HEREBY INCORPORATED BY REFERENCE THERETO. 1 2. THE PARTIES HAVE LIVED SEPARATE AND APART FOR A PERIOD IN EXCESS OF TWO YEARS. COUNT III 13. THE AVERMENTS OF PARAGRAPHS I THROUGH 12 HEREIN ARE HEREBY INCORPORATED BY REFERENCE THERETO. 1 4. PLAINTIFF AND DEFENDANT HAVE ACQUIRED PROPERTY, DURING THEIR MARRIAGE UNTIL THE DATE OF THEIR SEPARATION, WHICH PROPERTY 15 MARITAL. 1 5. PLAINTIFF REQUESTS THIS COURT TO PRESERVE HER RIGHT TO HAVE ALL MARITAL PROPERTY OF THE PARTIES EQUITABLY DISTRIBUTED. WHEREFORE, PLAINTIFF PRAYS YOUR HONORABLE COURT TO: (A) ENTER A DECREE IN DIVORCE, DIVORCING THE PLAINTIFF FROM THE BONDS OF MATRIMONY HERETOFORE EXISTING BETWEEN PLAINTIFF AND DEFENDANT; (B) ORDER EQUITABLE DISTRIBUTION OF MARITAL PROPERTY; AND (C) ORDER SUCH OTHER RELIEF AS THE COURT DEEMS JUST AND REASONABLE. RESPECTFULLY SUBMITTED, GOLDBERGKf/Aj7-ZMAN,& SHHHIIIPeMAN, P.C BY PAUL. E!rOSITO, ESQUIRE 320 MARKET STREET POST OFFICE BOX 1 268 HARRISBURG, PA 1701 8- 1 268 SUPREME COURT ID '25454 ATTORNEYS FOR PLAINTIFF VERIFICATION I VERIFY THAT THE STATEMENTS CONTAINED IN THE FOREGOING COMPLAINT IN DIVORCE ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF. I UNDERSTAND THAT FALSE STATEMENTS CONTAINED HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 16 PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. 0 10, del DATE: XZ - JOHN VVELLS, JR. h N1Q5.15]AEV. Sa] COMMONWEALTH OF PENNSYLVANIA DEPAR ENT OF HEALTH VITAL RECORDS RECORD OF cCuWTY DIVORCE OR ANNULMENT Cumberland ® (CHECK ONE) ? i STATE FILE NUMBER STATE FILE DATE HUSBAND John Jacob Wells Jr. BIRTH October 6 1958 3. RESIDENCE Street or R.D. City, Bmo. or Two. County State 4. PLACE (State or Foreign County) -09 65th Rd., Apt. 1-D Rego Park, New York 11374 BIRTH Ohio 5. NUMBER 6. RACE 7. USUALOCCUPAT ION OF THIS WHITE BLACK OTHER (Specify) MARRIAGE 1 ® ? Production manager ss 4296-66-5790 WIFE 1C 8. MAIDEN NAME (Finn) (Middle) X-V 9. DATE (Month) (Day) (Year) Linda Lee Curtis BIRTH June 6 1960 10. RESIDENCE SheetorR.D. City, Bono or Top. County State 11. PLACE (State or Foreign County) 04 Northfi eld Dr Carlisle PA Cumberland Co Ohio F ., , ., TH BIIR 12. NUMBER 13. RACE 14. USUAL OCCUPATION OF THIS WHITE BLACK OTHER (Specify) MARRIAGE 1 ® ? ? Human Resources 15. PLACE OF (County) (State a• Foreign County) 16. DATE OF (Month) (Day) (Year) THIS MARRIAGE Cu ahoga County, Ohio THIS MARRIAGE March 1, 1978 17A. NUMBER OF 7B. NUMBER OF DEPENDENT 18. PLAINTIFF 9. DECREE GRANTED TO CHILDREN THIS CHILDREN U NDER 18. HUSBAND WIFE OTHER (Specify) HUSBAND WIFE OTHER (Specify) MARRIAGE ? ? 1-l ? ? ?C-I 20. NUMBEROF HUSBAND WIFE SPLITCUSTODY OTHER(Specify) 21. LEGAL GROUNDS FOR CHILDREN TO CUSODYOF F-1 ? ? ? N/A DIVORCE O@ ANNULMENT Irretrievable breakdown 1 22. DATE OF DECREE (Month) (Day) tyearl 21 DATE REPORT S ENT rMrmMt inn„ I W -A TO VITAL RECORDS 24. SIGNATURE OF TRANSCRIBING CLERK >l Goldberg, Katzman & Shipman, P.C. Paul J. Esposito, Esquire - I.D. #25454 320 Market Street Post Office Box 1268 Harrisburg, PA 17108-1268 Attorneys for Plaintiff JOHN J. WELLS, JR., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-3282 Civil Term LINDA L. WELLS, CIVIL ACTION - LAW Defendant IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF DAUPHIN ) Personally appeared before me, a Notary Public, in and for said Commonwealth and County, PAUL J. ESPOSITO, ESQUIRE, who being duly sworn according to law deposes and says that on June 1, 2001, he sent a certified copy of a Complaint in Divorce by certified mail, return receipt requested, restricted delivery, to Linda L. Wells, 1004 Northfield Drive, Carlisle, PA 17013, and the return receipt card signed by Linda L. Wells, and shown as being delivered June 11, 2001, is attached hereto and made a part hereof. GGG??' PAUL J SP ITO, ESQUIRE Sworn to and subscribed before me this 18th day pf Yune, 2001. Notary My Commission Expires N Victoria Y. C otarialhambersSeal, Notary Public Harrisburg, Dauphin County My Commission Expires Apr. 7, 2003 Jv % 1 ¦ Complete items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: V,\: S. r?cG L. 1?rt\s 1? ?rktc?,?d fir. ?:Grits\cr F V-7 13 ?. Article Number (Copy from service label) &q 4 ---Y-ruo-=QL PS'Fdrin 3811, July 1999 S. 13 C1.0/ Is delive =different different from item 1?' LJ Yet If YES, ent r delivery address below: ? No 3. Service Type Certified Mail ? Express Mail ? Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 14. Restricted Delivery? (Extra Fee) es I-7?3 Return Receipt 21 1. I ;p n ? c - S C _. `- Q Y CL .. JOHN J. WELLS, JR., IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. LINDA L. WELLS, DEFENDANT 01-3282 CIVIL TERM *t-%- ORDER OF COURT AND NOW, this day of January, 2006, plaintiff's motion to make a Rule absolute issued to show cause why a bifurcated decree in divorce should not be entered, IS MADE ABSOLUTE. Upon presentation of the required documents, a bifurcated decree in divorce will be entered. maul J. Esposito, Esquire For Plaintiff Linda L. Wells, Pro se 1004 Northfield Drive Carlisle, PA 17013 :sal S 4 ,1A-e-r8 ?ia?Zrna? By the Court, Edgar B. ?'' ?0 00 D\ CIQ y. J' L.{ G . k?l i ..n r ? O N C? ??t IAN 0 5 ZUUe Paul J. Esposito, Esquire I.D. 925454 GOLDBERG KATZMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717)234-4161;(717)234-4161 (facsimile) JOHN J. WELLS, JR., Plaintiff V. LINDA L. WELLS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-3282 Civil Term IN DIVORCE PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE AND NOW, comes the Plaintiff, John J. Wells, Jr., by his attorneys, Paul J. Esposito, Esquire, and Goldberg Katzman, P.C., and states the following: By Order of the Honorable, Edgar B. Bayley, of September 11, 2003, a Rule was issued directing Defendant to show cause why Plaintiffs Petition for Bifurcation should not be granted. A copy of said Petition for Bifurcation is attached hereto, made a part hereof and marked Exhibit "A." 2. Said Rule was returnable fifteen (15) days from the date of service. A copy of said Rule is attached hereto, made a part hereof and marked Exhibit "B." 3. The Rule was served on Defendant, who was not represented by counsel at that time, via personal service on November 3, 2003. 4. Defendant did not file an answer to the Rule but did respond in the form of a letter to Plaintiffs counsel dated November 11, 2003. A copy of said letter is attached hereto, made a part hereof and marked Exhibit "C." 5. On February 11, 2005, E. Robert Flicker, Esquire, was appointed Master with respect to the claims raised by the parties, namely, equitable distribution of marital property, alimony pendent lite, attorney's fees and alimony. 6. On August 31, 2005, a Pre-hearing Conference was held. In attendance were the Divorce Master and counsel for the parties. 7. The issue of Defendant's delinquency with respect to the mortgage payments on the parties' former marital residence was discussed at the Pre-hearing Conference. As a result of those discussions, the Divorce Master issued a directive to Defendant's counsel to respond, within one (1) week, with an indication of Defendant's intentions regarding the house and mortgage. 8. On October 4, 2005, Defendant's attorney, Robert L. O'Brien, Esquire, informed the undersigned that his client had failed to respond to his communications and he intended to seek the withdrawal of his appearance in Defendant's behalf. 9. Attorney O'Brien has filed a Motion to Withdraw as Counsel which remains pending at this time. 10. The Divorce Master has scheduled another conference with counsel and the parties for December 20, 2005. 11. The final resolution of the economic issues in this matter is not likely to occur for several more months and, given Defendant's lack of responsiveness and the amount of time which has already passed since the filing of the Petition for Bifurcation, it is reasonable to request that the Rule issued on September 11, 2003, be made absolute and that Plaintiff be permitted to immediately seek the dissolution of the parties' marriage. ::0DMATCD0CS00CS1J28012U 2 WHEREFORE, Plaintiff requests that this Honorable Court enter an Order making the Rule issued on September 11, 2003, absolute. GOLDB?TZMAN, P.C. Paul J. sp to Attorney I. D. #25454 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Date: tm/1'l//tW fS 9? 05- Attorney for Plaintiff :: ODhIA I PCDOCSI DOCSV 28012V Paul J. Esposito, Esquire I.D. #25454 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108.1268 (717) 234-4161; (717) 2344161 (facsimile) R., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA. V. : CIVIL ACTION - LAW LINDA L. WELLS, . NO. 01-3282 Civil Term Defendant . IN DIVORCE PETITION FOR BIFURCATION Petitioner, John J. Wells, Jr., by and through his counsel, Goldberg, Katzman & Shipman, P.C., and Paul J. Esposito, Esquire, respectfully requests that this Honorable Court grant his Petition for Bifurcation, and in support thereof avers as follows: 1. Petitioner is John J. Wells, Jr., Plaintiff in the above-captioned divorce action. 2. Respondent is Linda L. Wells, Defendant in the above-captioned divorce action. 3. Petitioner and Respondent were married on March 1, 1978, at Cuyahoga County, Ohio. 4. The parties have one child, Timothy Lee Wells, born January 1, 1978. On May 30, 2001, Petitioner commenced a divorce action by filing a Complaint in Divorce to the above docket number seeking a dissolution of the parties' marriage and the equitable distribution of their marital property. Petitioner also filed an Affidavit Under Section 3301(d) of the Divorce Code alleging, inter alia, that the parties separated on or about June 20, 1996, have continued to live separate and apart for at least two (2) years and the marriage is irretrievably broken. 6: Respondent has not filed a Counter Affidavit challenging Petitioner's allegations regarding the date of separation or the irretrievable breakdown of the parties' marriage. On September 24, 1996, Respondent filed a Complaint against Petitioner seeking spousal support. 8. Pursuant to Respondent's filing, an Order for spousal support was issued by the Court of Common Pleas of Cumberland County on December 13, 1996, which Order was modified by subsequent Order dated July 12, 2001. The latter Order remains in full force and effect. 9. The spousal support Order of July 12, 2001, provides, inter alia, that Petitioner pay to Respondent the sum of $388 per month, plus $100 per month on arrears. 10. The parties file separate tax returns. 11. The parties have their own separate health insurance coverage. 12. The parties have maintained an economic status quo during their separation that Petitioner has no intention of disturbing, 13. Bifurcation would not disturb that economic status quo. 14. Petitioner believes and avers that the advantages of bifurcation of this divorce action are substantially greater than any disadvantages for the following reasons: a. A speedy resolution of the divorce issue would allow the parties to restructure their personal lives; b. Bifurcation will accelerate the dissolution of the parties' marriage, which has been acknowledged by both parties to be irretrievably broken; C. Bifurcation will further the policy underlying Pennsylvania's Divorce Code in making the legal dissolution of marriage effective for dealing with the reality of matrimonial experience; ::ODAIA IPCDOCSIDOCS1997031 / d. Bifurcation of this divorce action will separate the dissolution of the marriage from the distribution of property so that the marriage and each party's personal lives are not held hostage to economic demands; e. Bifurcation of this divorce action will in no way prejudice, diminish or impair Respondent's economic claims under the Divorce Code. WHEREFORE, Petitioner respectfully requests that this Court grant his Petition for Bifurcation, reserving jurisdiction on the economic claims raised by the parties. Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. Paul J. Esposits Attorney I.D.- 5454 Goldberg, Katzman & Shipman 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 (717) 234-6808 (facsimile) Date: JJcp ?7m tta 3, -Z 000 Attorney for Petitioner ::ODMAIPCDOCSIDOCSI997041 / VERIFICATION I verify that the statements contained in the foregoing PETITION FOR BIFURCATION are true and correct to the best of my knowledge, information and belief. I understand that false statements contained herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities. Date: 2003 to (.,? 1 CJ_(( I JOHN J. WEL S, JR. CJ CERTIFICATE OF SERVICE On this J' `{ day of September 2003, I certify that the original and one copy of the foregoing was served upon the following counsel of record for Plaintiff by placing the same in the United States mail, first class, postage prepaid, addressed as follows: Ms. Linda L.. Wells 1004 Northfield Drive Carlisle, PA 17013 GOLDBERG, KATZMAN & SHIPMAN, P.C. Paul J. E' pas' o Supreme Ctfurt ID 425454 Attorneys for Defendant Paul 1. Esposito, Esquire I.D. #25454 GOLDBE.RG, KA7ZMAN & SHIPMAN, P.C. 320 Market Street P. O. Box 1268 HarrisUurg, PA 17108.1268 (717) 234-4161; (717) 2344161 (facsimile) , : IN THE COURT OF COMMON PLEAS OF Plaintiff , CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW LINDA L. WELLS, : NO. 01-3282 Civil Term Defendant . IN DIVORCE RULE TO SHOW CAUSE AND NOW, this _day 0f4 003, upon consideration of Plaintiff s Petition for Bifurcation, a Rule is hereby entered upon the Respondent, to show cause why the relief requested should not be granted. RULE RETURNABLE- DAYS FROM SERVICE HEREOF. Date: BY THE COURT: /s AAA r J. TRUE COPY FROM RECORD In Te )mony whereof// I here unto set mf hand and seal of said Qo(it at darlisle,, Pa.' 11 November 2003 Goldberg, Katzman & Shipman, PC Attn: Paul I Esposito 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Re: Wells v. Wells Cumberland County Docket No. 01-3282 Mr. Esposito, I write to acknowledge that I received Petition for Bifurcation on 3 November 2003. I have no objections to the terms of the petition other then any that may involve my current financial status. Sincerely, Linda Lee Wells t` CERTIFICATE OF SERVICE On this t6p day of November, 2005, I certify that a copy of the foregoing was served upon the following parry of record by delivering same in the manner indicated, addressed as follows: VL4 FIRST CLASS MAIL Ms. Linda L. Wells 1004 Northfield Drive Carlisle, PA 17013 Defendant Robert L. O'Brien, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, PA 17013 Counsel for Defendant GOLDBERG KATZMAN, P.C. aj - Paul J. spos' o Supreme Court ID #25454 Attorneys for Plaintiff (7 N __ ? ?,? r ? 17 _ y ?;; r (_) -? . _.._r ?J C'a C?' ? ?? til { ?:+ °6 A>"?'?? l CEC 1 6 2005 JOHN J. WELLS, JR., Plaintiff V. LINDA L. WELLS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO.01-3282 Civil Term IN DIVORCE ,nn ORDER AND NOW, this day of-y?OJM, 2005, upon consideration of the within Motion, the Rule issued on November 22, 2005, is hereby made Absolute. It is further ORDERED that the real estate known as 1004 Northfield Drive, Carlisle, Cumberland County, Pennsylvania shall be immediately listed for sale and the parties are directed to extend their full cooperation in order to achieve a prompt sale of the property. BY THE COURT: i 5 EDGAR B ' AYLEY, J. Goldberg Katzman A full-service law firm. October 5, 2005 lai-rr ii. Goldberg ""`" 's°h' E. Robert Elicker, II, Esquire Divorce Master l_; r,1. K!rznsn 9 North Hanover Street i.lsposflo Carlisle, PA 17011 ..? aendershot . Re: Wells v. Wells a? j_ ?,R1e1 ? Docket No. 2001-3282 I_u2,-rutay !hooks Dear Mr. Elicker: ern i. Russo Sri-] 1,,, ] - 0ee111; On August 31, 2005, counsel for John and Linda Wells met with you for a . ., ehe1. Pre-hearing Conference., At that time you asked Attorney O'Brien to discuss with t . " r: <- d h his client, Linda Wells, her intentions regarding the disposition of the marital . : i separation. This residence of which she has had sole possession since the parties' iol,,, Del ?,i mzo . ? was prompted by the information I provided regarding Ms. Wells' history of Ro, ?z - Morris ' delinquency with regard to the mortgage payments. Mr. O'Brien was to speak Y\ id .1. steckc] with Ms. Wells and get back to you the following week with some indication of nh ; i. Parerno her position. When more than a week passed, I contacted Mr. O'Brien who informed O" w,ri me that he had not heard from his client. I did not hear from Mr. O'Brien again o,hu?l !? Loa< until October 4, 2005, at which time he informed me that his client had never a r; la h. Kogan responded to any of his telephone calls or correspondence. Consequently, he expressed his intention to withdraw his appearance in Ms. Wells' behalf. I indicated to him that I understood and would have no objection to his motion to withdraw. At this time, I am asking that this matter not be allowed to languish any longer. I believe it would be appropriate to schedule a conference for counsel or, if Ms. Wells prefers, she may appear in her own behalf. I do believe that given the lengthy separation of the parties and Ms. Wells' clear intention to drag this matter out as long.as she can, the conference should be scheduled as promptly as possible. : -OLIMAIPCDOCSIDOM2108012 5- _;1vhe1 ' SoIiale I'.;}. 1,ok 1268 1 Harrisburg, Pfd 17108-1268 1717 -234-4161 717-234-6808 tivlvtv.?oldberl?aizrlsan.com John J. Wells, Jr. Page 2 October 5, 2005 Thank you for your consideration in this matter. Yours very truly, Paul J. osito PJE/sam cc: Robert L. O'Brien, Esquire John Wells ::ODMA\PCDOCS\DOCS\121080\2 JOHN J. WELLS, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 01 - 3282 CIVIL LINDA L. WELLS, Defendant IN DIVORCE CONFERENCE WITH COUNSEL AND THE PARTIES TO: Paul J. Esposito , Counsel for Plaintiff John J. Wells, Jr. , Plaintiff Robert L. O'Brien Counsel for Defendant Linda L. Wells Defendant A conference has been scheduled at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 20th day of December 2005, at 2:00 p.m., with counsel and the parties to discuss the outstanding economic issues to determine if there is a basis of settlement of claims. If issues remain after the conference, a hearing will be scheduled at another date. Very truly yours, Date of Notice: E. Robert Elicker, II October 11, 2005 Divorce Master JOHN J. WELLS, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 01 - 3282 CIVIL LINDA L. WELLS, Defendant IN DIVORCE RESCHEDULED PRE-HEARING CONFERENCE TO: Paul J. Esposito , Attorney for Plaintiff Robert L. O'Brien , 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 31st day of August 2005, at 9:30 a.m., to review the status of discovery and identify issues and witnesses preparatory to a directive for the filing of pretrial statements. Very truly yours, Date of Notice: 8/23/05 E. Robert Elicker, II Divorce Master JOHN J. WELLS, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW LINDA L. WELLS, NO. 2001 - 3282 CIVIL Defendant IN DIVORCE PRETRIAL STATEMENT 1, Background: The parties married in 1978 and separated in 1996. Mr. Wells had been in the United States Army prior to the marriage and retired shortly before they separated. When Mr. Wells left, his wife was employed at the Carlisle Barracks, where she continues to be employed. The money in the joint checking account was utilized by Mrs. Wells to pay the parties joint obligations, and was soon depleted. She fell behind on the mortgage payment and eventually borrowed money from the PaHFA to bring the mortgage current. The mortgages have payoffs of approximately $70,194 and $3,334. Mr. Wells filed bankruptcy in 2001 and subsequent to that time and with the earlier missed mortgage payments, Mrs. Wells is unable to borrow. She is uncertain as to which of the discharged debts she may be responsible for. 2. Marital Property; The marital estate consists of the residence, Mr. Wells retirement and a 401 k plan that Mrs. Wells had accumulated prior to the separation. The home has not been appraised but the 2004 County assessment values the home at $102,860. The gross monthly retirement benefit amounts to $1,220 and the SPB is $79.59. Mrs. Wells is seeking verification of the value of her 401 k, which her husband valued at $2,178. She is also obtaining copies of her credit reports to determine which joint obligations she remains liable on. 3. Parties Income and Expenses: The DRO office recently recalculated the spousal support obligation and the paperwork submitted is attached. Mrs. Wells is making a claim for alimony, counsel fees and APL. These claims will be considered in the context of the property division. 4. Experts: None expected 5. Witnesses: Mrs. Wells will call her son to testify as to the difficulties he and his mother faced when Mr. Wells left the home. 6. Resolution: Given the fact that Mr. Wells has a much higher earning capacity and is attending college, the uncertainty with Mrs. Wells' continued employment in the context of the ongoing BRAC process and the length of the marriage, a larger share of the marital estate should be awarded to Mrs. Wells. Whether that will offset entirely or partially, the alimony claim, will have to be considered by the Court. Respectfully submitted, O'BRIEN, BARIC & SCHERER By: Robert L. O'Brien, Esquire Attorney for Petitioner I.D. # 28351 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Page 1 of 1 Detailed Results for Parcel 06-18-1373-060. in the 2004 Tax Assessment Database DistrictNo 6 Parcel ID 06-18-1373-060. MapSuffix HouseNo 1004 Direction Street NORTHFIELD DRIVE Ownerl WELLS, JOHN J JR Owner2 & LINDA LEE WELLS PropType R PropDesc LivArea 1344 CurLandVal' 21350 CurImpVal 81510 CurTotVal 102860 CurPrefVal Acreage 0.09 CIGrnStat TaxEx I SaleAmt 82900 SaleMo 12 SaleDa 2 SaleCe 19 SaleYr 92 DeedBkPage 0036A-00266 YearBlt 1984 HF File Date 10/29/2004 HF_Approval_Status A http://taxdb.cepa.net/details.asp?id=06-18-1373-060.&dbselect=l 5/9/2005 =..tl:. hwowl Wkhh*W 04 W-2 and EARNINGS SUMMARY 20 48728.83 7 7676.00 ] 9aaW.ocw16w,2.. <•aawrawavr+awfNirld TLITfhtufEamYpsWwwauy.sofa,rkkh>d6dwMt,y6txw.ato tlftp Itl66fa petdgtKtn aeon d9My. 5 Medwre wN«ntltlp { MNbrelrtnMll•1• 'TIN ff1N[aa 4111# pgfMfd lt116ti1gtlDa t11?74w ppY 418?$fp11?IM- t tl Th N 14f I t si W 'N 11 P u 14 a b hi 13w tl i s • Iw .. Uspl. vrp. qr ue . e ] Ia IMp u o 0 ty a l p 2 1 •1inlradNl•6ri6a te11b r Wy a 6Md5YYYde4laxlbyM. 00 Oor M 47154.62 ? Beaalq 2687.06 NY. M.e? klo44t1f Tax ?286.64 % ewpbyw'. .m., add er. .n4 aP ql• 6 8017dW2 r &,K 4 of W-2 I LOGISTICS MANAGEMENT d W2 61'20 0014 - RESOURCES INC PN.Ilooee 705.00 Ib Tm W".54 4300 CROSSINGS BLVD Tax Whhhold Wwdwm Llal2 01 W-2 6aa4d W.2 PRINCE GEORGE VA 235750455 Batch #01238 LY"Grose P•YWUA NRWmto6owetopmdu yow W28ta1.m.11L - WaBe• other alwlb A obft Wa MY " T11,11 b E.PIOY.r tl . W ? T . g , , 170272 S4 64.83 aml3of W4 90th 6 of Ws Box /f of W 2 7 aec W 111,. .•cvM a Ne•owe , I Atyenn D[ IvYw,N to O.PwNlw11 P.re ew,Nvl. Gmat Pry 47,154.52 47, 134.52 47,154.52 47, 154.52 Lees Other Cale 125 427.00 427.69 427." 427.89 11 Nw IN In.ffuutlo,l. mr 12 Reported W-2 111419es •48,726.83 46,726.87 48,728.83 ",726.88 14 011wr 12c - 31.20 SDI ) wr - - eeEmPlm.'.n.w..4dr.....tlarw4. - JOHN J WELLS 98.09 65TH RD APT. t-D REGO PARK NY 11374 3. Employee W4 Pro01e. To chow, your Employee W4 Pro61e Intormatlon, file a raw W-4 wtth your payroll dept 15 atw E.*Aww. Mw 1p f¢ Is alMe w'•v«. W.• .Ic NY -1102724 416726.83 - 17 s blcaw• to Lmd w.p.ti 11p, do JOHN J WELLS Social Samrily Numbw:272#4314 _ 2266.66 98-09 65TH RD Taxable Named Stabu: SINGLE to Lawl inoam.W 11..1. APT. 1-D Exempfons/AllmarIms; NY 11374 FEDERAL: 0 REGO PARK tees , STATE: 0 FASTI Uw at 111ejmww. En to eAnnce Copxy Wage and Tax W. 4 20 7 9 ,.$totoment eW o Y "TIC wTA P%INQ 1W. I Wp«,ig4 oNN Egep, b1.ow.lax I 1 Wpw.dp..Wufe«p 2 FWMM bwole•W WM 1 W.2N.1 atlwr coop 2 .w• neaw la 46726.33 7635.00 46726.83 7836.60 46725.83 7935.00 3 aoWla«ufNywp.a 4 f.d•1.ec,elry MwYNrN ' 3 a wwcuftwp 4 fedY VwMlre¢wsNW4 ] b•cW «cudry wN« 4 {w:Ll..a•t!/tax wNhlwM 46726.83 2897.06 "726.83 2897.06 "726.83 2697.06 5 Mrsc•nw.6 .mvp• • M.d•c.f.t•.wW1WW 6 M.tllc.n wpn mdvlw { Mwao•swwtld w 5 MNk.n w.•«.,14 tlp. 6 M.4cvw waNMM 46726.83 677.54 "726.83 677.54 46726.83 677.54 • e2nbdxul.bw alp Iw • Conbal NHal6w OWL a-uw- Fui? Is - DW Canted NUwbw DWL qp. iR er•l e•e 001254 ONWSJ 006210 A 262 001254 VwWSJ 003210 A 262 001254 1)S SJ 008210 A 262 c ErPI +i. n•w,•ddfwa.•M DP POde I o ewployeY.fuwe, •dflr.•., •11d DPfab ? a G•tMWer. n•w,.db.•.,.M aP m4• LOGISTICS MANAGEMENT ' LOGISTICS MANAGEMENT ' LOGISTICS MANAGEMENT RESOURCES INC RESOURCES INC I RESOURCES INC 4300 CROSSINGS BLVD 4300 CROSSINGS BLVD 4300 CROSSINGS BLVD PRINCE GEORGE VA 23875.1455 PRINCE GEORGE VA 23875.1455 PRINCE GEORGE VA 23575.1455 i qw.r b 54.17021!24 2 64-6314 . 1 1702724 b •64.6314 Er •1702724 2 64.6314 7 11«14.e.urlly 9" a All C tl,. I 7 asalY...."III* • 7 3a.{•l rcwmy up t Aff..wd Sp. Atlv.,w pryweM la Drywwb,llewe bwl.M• 1 v MN•nc+EPC p.yw•M f0 a•t• 1 t Adv.noe MC p.YnwM t• wre b•n.rlla t e,NryYKwtl Pon. 1b a« 121 If Nwqu• 1 tl Hofqu•IaIW Pluw )L tt W,af i]b 14 pN,w 12b 14 plwf )2D 31 20 SDI IY 31 20 NY SDI Ix 31 20 NY SDI 1sc . .. pd _ . 1d . - 124 is •+w Mar n u..w wN I.f a0 EnPlaye•'• w,... tldrw •b ar ood. M F.nploy..'. n.nw,.ddrw..n w . M EmP4cYw . nr«..ddr....,,d JOHN J WELLS JOHN J WELLS JOHN J WELLS 98.09 65TH RD ( 95-09 65TH RD 98-09 65TH RD APT. 1-0 w APT. 1-D APT. 1-D REGO PARK,NY 11374 2 REGO PARK,NY 11374 REGO PARK,NY 11374 16 We 1eMoYw •M.1. 1w I{ a1•r wpw, 1114 I] 1/1Ne E n 1.1. wape., tim t5 state Male NY 4.1702724 "726.83 a - I d4. NY -1702724 22116-64 n •Nplnco w 2269.94 1 s L? w.po, 17 st vfnpow.t.rt 16 rr.pu, .)c. 20 Lew6ly. se I6 fowl Yrmrel•x 2v u.4tI, It Lacylncor U e era Filing o /e?d ? Waga and Tax W a b a erenoe o W-2 Wwpe and Tax KV.Stato Fit n9 op WZ 1Nega and 5x#07 1 7- Im.-;? `w Statement R G Statement N., amS F 1 over«wr ?v++ -h•..r1..r/ arLiYwY aNYirr7r 21.0.5.5 St6 rr`Ir.frtw Department of me 7mesury - internal Revenun "aeMCe Labe! Your nHl name m, u. name •• ?? ••v ^ • ^^ (see k,stmcuans.) John - J Wells, Jr 272-64-6314 If a Joint bhan, sp%Mes first name MI Lost name - tlpoesa'aso" mea tDr uummar use the IRS label. Otherwise, cams adareas (meter and sireeD. It you have a P.D. box, see inslrucdom- Apsnmant ro, ] Important! please print or type. 98-09 65th Rd 1-D You must enter your social city, ben or post oraoe. it you rx„re a foreign address. :.nn instrucuorrs, state ZIP Code security number(s) above. Presidential e o Park NY 11374 Election Campaign You Spouse ur tax or reduce your refund. not changa yo , Note: Checking `Yes` wil E ? ' (see iM.bueaons') w Dint return ant $3 to o to this Do u, or our use f Olin a i Yes 5 I No es No fund? ..... , , Y , . Filing Status 9 1 Single 4 Head of household (with qualifying person). (See N 2 Marred filing jointly (even d only one had income) instructions.) if the qualifying person is a child but not your dependent, enter this child's Check only 3 Married filing separately. Enter spouse's SSN above & full n name here . ? one box. name here . , 5 I Qualifying widower) with dependent child (see instructions) Exemptions 6a Yourself. If someone can claim you as a dependent, do not check box 6a Dom ila ww?, 1 W b 5 use .............................................. ....•,........,,......,.... ea.af chudren (2)pependent's (3) Dependent's (4) if on ac who; 8 e Dependents; social security relationship 11"d lihing tld W ""• number to you Wccmdl 4 did net 1 First name Last name fie imtrs) INa wd yo u rea dueto orae ("a mass) ... If more than pepetft o of an G four dependents ameba Rbove - , see instructions. iaa= haw. d Total number of exemptions claimed ....... ........... ..... e..... ?{ .................... .............. abov11 1 7 Wages, salaries, tips, etc. Attach Form(s) W-2 ....... . ...... . ........ . . . . ..... . . ....... 7 Income 8a Taxable interest. Attach Schedule S if required ......... ... , ...... Be Attach F s Is Tax-exempt interest. Do not include on line Be . . . . . . ....... . 8 b 9a Ordinary dividends. Attach Schedule B if required ... . . ....... . . .......... . ..... . . ...... . 9a W-2h Also attaehforma W20 and 1099•R lo age d- 1 9b .' .................' 10 Taxable refunds, credits, or oHsals of state and local income taxes (see instructions) ...... . . . . ..... .•• . 10 if tax waswithhefd. 11 Alimony received ..................................................... If did M 12 Business income or (loss). Attach Schedule C Or C•EZ . . . ....... . ...................... . 12 you n get a Wd, 13 Capital gain or (loss). Att Sch D it regd. if not negd, ck here ....... . .................. ? [] 13 Sea instructions. 14 Other gains or (losses). Attach Form 4797 ............................................. 14 15a IRA distributions '...... , , ... "al 1 b Taxable amount (see instrs) IN 162 Pensions and annuities . , 16a 13, 32 6. b Taxable amount (see instrs) . , 16t 17 Rental real estate, royalties, partnerships, S corporations, trusts, etc. Attach Schedule E .. 17 Enclose, but do 18 Farm income or (foss), Attach Schedule F . ....... . . ..:.. . ................ . . . ...... . .... 18 not attach, any payment Also 19 Unemployment compensation ... ........ ......... .............. . ................' .. 19 , please use 19 a Social security II b benefits L Taxable amount (See instrs) .. 2Dk Form 10404 21 Other income 21 23 Educator expenses (sec instructions) .... . . . .... . . . ...... . . . 23 Adjusted 24 Certain business expenses of reservists, performing artists, and fee-basis Gross government officials, Attach Form 2106 or 7106.EZ . , ....... , ,......,,. zit Income 25 IRA deduction (see instructions) 26 Student loan interest deduction (see Instructions) , ..... , , , ... 26 27 Tuition and fees deduction (see instructions 28 Health savings account deduction, Attach Form SWE; .... , , .. 28 29 Moving expenses, Attach Form 3903 ................ 30 One-half of self-employment tax. Attach Schedule SE........ 30 ? .. 31 Self-employed health insurance deduction (see instrs) ....... 31 32 Self-employed SEP, SIMPLE, and qualified plans ...... • , 33 Penalty on early withdrawal of savings ..,.,....,,,,,--.,,,, 33 34aAlimonypard bReelpieid'sSSN..., X296-66-5790 34a 6 322. ` 35 Add lines 23 through 34 ....................................... ..... ...................... 35 RAA For Disclosure, Privacy Act, and Paperwork Reduction Act Notice, see instructions. FDIADI12 1111M s Form 1040 272-64-633.4 Pace2 rw,m ,vw, evw wwau ,. .......... .... _,... .. 37 Amount from line 36 (adjusted gross income) . . .. . . ....................... . ....... . .... 37 43.892. Tax and Credits 38a Check _L B You were born before January 2, 1940, e Blind. Total boxes f; L Spouse was born before January 2,1940 , Blind. checked 01 38a Standard b If your spouse itemb ans on a separate return, or you were a dual-status Deduction , alien, see instructions and check here . . . ............. . ..................... ? 386 ? 39 Itemized deductions (from Schedule A) or your standard deduction (sec left margin) ........ . ......... . . . :o p 8 050. eople who checked any box 40 Subtract line 39 from line 37 ................................. . ........................ 40 38,959. on line 38a or or who can 41 If line 37 is $107,025 or less multiply $3,100 by the total number of exemptions Claimed on line 6d. It line 37 is over 107,025, see the worksheet in the Instructions.. ...... . ' 41 - 3,100. be be claimed a dependent, see 42 Taxable income. Subtract line 41 from line 40. ...................................................... enter .0 . If line 41 is more than line 40 42 35,8.59. Instructions. , . 43 Tax (see imps). Check if any tax is from: a ?Fonn(s) 8814 Is ? Form 4972 ........................ 43 5,706. e All others: 44 Altema&e minimum tax (see instructions). Attach Form 6251 ....... . . . . .......... . ... . . 44 Single or Marred 45 Add lines 43 and 44 ................................................................ ? 4s 5,706. filing separately, $4 850 48 Foreign tax credit, Attach Form 1116 N required ............. 46 " '- 47 Credit for child and dependent care expenses. Attach form 2441 .......... 47 Married filing or Mara 48 Credit for the elder or the disabled, Attach Schedule R ..... 48 : puali(y ing 49 Education credits, Attach Form 8863 , , ...... , ... 49 _.: •. widow(er), $9 700 50 Retirement savings contributions credit, Attach Form 8880 , . , 58 , 51 Child tax credit (sea Instructions) .......................... 51 :. Head of household 52 Adoption credit. Attach Form 8839 ......................... 52 ^ `•' , $7,150 53 Credits from: a ? Form 5396 to ? Form 8859 ................. 53 54 Other credits. Check applicable box(es): a ? Form 30 .. b ? Farm c []SP* 55 _ Add tins 46 through 54. These are your total credits ........ ..... ...................... 55 56 Subtract line 55 from line 45. If line 55 is more than line 45enter -0• .................. ? 56 5,706. 57 Self-employment tax. Attach Schedule SE ...................................................... 57 Other 58 Social security aid Medicare tax on Up income not reported to employer, Attach Form 4137 ................ . . 5e Taxes 59 Additional tax on IRAs, other qualified retirement plans, at. Attach Form 5329 if required ....... . ........... 59 60 Advance earned Income credit payments from Form(s) W-2 . . . .... . .... . . . . . . ...... . . . .. 6o 61 Household employment taxes. Attach Schedule H ................... . ..... . ............. 61 62 Add lines 56.61, This is your total tax ........ . ............................................. ? 62 5,706. Payments 63 Federal income tax withheld from Forms W-2 and 1099 ...... 63 10 635. If you eve a 64 2W4 estimated tax payments and amount applied from 21103 return ........ - 64 quald34rtg - 65a Earned Income credit (EIC) ................. . . .. . . . .... . ... " 65a :'. , attach (? b Nontaxable wrn6et pay election , , -... ?1 65 bl R Schedule EIC. 66 Excess social security and ter 1 RRTA tax withheld (see instructions) ..... , . 66 . 67 Additional child tax credit. Attach Form 8812 . . .. . . . .... . . . . . 67 ' 68 Amount paid with request for extension to file (see instructions) .......... 68 69 Other parts from: a ? Form 2439 6 ? Form 4138 c ? Farm 8885 69 , 70 =636 61, eye, and as rmougn 59. ur total issirments ................................... ...... ................... ? 70 10, 635. Refund 71 If line 70 is more than line 62, subtract line 62from line 7O.This Istleamount youoverpaid ,,,,,,,,,,,,,,,, 71 4,929. Direct deposit? 72a Amount of line 71 you wa nt refunded to Lou ...................................... . . . ? 72a 41929, See instructions - b Routing number ........ , ? o Type'. R1 Checking ? Savings and flan in 72b, ? it Account number .. , ... . 72c, and 722dd. . 73 Amount of line 71 want applied to your 2005 estimated tax ........ ? 73 ' ,. . ': •• Amount 74 Amount you owe. Subtract line 70 from line 62. For details on how to pay, see instructions , ,, , ,, , , , , , , , , , ? 74 You Owe 75 Estimated tax enal see Instructions 75 '" `' " ' ""- '• • ' <;.: . uo YOU Want t0 dIIOW another person to disCUSS this return with the IRS (see Instructions)? .......... Yes. Complete the following. X No Th V Party slenccs ? phone' Parsonal id mUfioation DeS19r1E4: name na ? number M ? Sin WMr:r ppnnnarbos of verlwy, I declare that I have examined this ietum and accompanying sahedutes and atatemenh, and to am best of mir brov4adge and 9 Ml ef. d ey are true, correct, end complete. ueclaratlon or preparer tether than taxpayer) L% based on all inhrmalion of which pmparvr has airy knowledge. Here Your signature D"Itn Your occupation Da me a manner Joint return? ru o^0n See instructions- Com titer Su ort Tech Keep a copy Spmree's signature. rf a iutnt return, both m, sl sign. [late saawa'% accupaaon for your records. o. cal. Prrparors 85N or PTIN ^ Paid Prepareer Use Only Form 1040 (2004) FbIA0t12 11rlor04 nepartmont of the Treneery - in Onnal Revenue service For the year Jan I - Dec 31, 2003, or Dthar IN Year beginning , zm, ensrng , cv van M. ragavwn Label Your lllzt name MI IAA cane Your exrelat SaauTltl TA~ (See Instructions.) John J Wells Jr 272-64-6314 it a joint return, swuse's first name MI Lest name spougrg sww Security number Usethe IRS label. Otherwise, Home eadreee (number ona street). If you have g P.O. box, age Instrvcoons, Apartment no. A Important! A please print or type, 98-09 65th Rd I- D You must enter your social city, town or Dost once. it you nave a ft) elon accurate, am Irelructims. State ?JP cone security number(s) above. Presidential Re o Park NY 11374 Election Campaign You Spouse Note: Checking 'Yes' will not change your tax or reduce your refund. ('go Inahucllpng.) Do ou, or ours use if flli a joint rerun, want $3 to o to this fund? ........... Yes X No Yes No Fills Status 9 1 X Single 4 Head of household (with qualifying person). (See f hil 2 - Married filing jointly (even if only one had income) ying person is a c instructions,) If the quali d but not your dependent, enter this child's Check only 3 Married filing separately. Enter spouse's SSN above & full name here . 1" one box. name here.. 1? 5 Ouali 'n wid er with dependent child. (Sea Instructions.) 6a X Yourself. If your parent (or someone else) can claim you as a dependent on his or Not. or boxes Exemptions her tax return, do not check box be ............ ................................ d oh , , , 1 b n Soouse ..................................... .................................... No, of If more than five dependents, see instructions. cDependents: (2JDependent's it (3)Dependerres l i hl (4) If m&d a6r ?n i secur y re at on; It gev y eAld . Ifved em rgr number to you tax cmdlt ? Ya p) First name Last nano (sea Instre) • point IWe Mtli dueWe (a (eK M e m n emered Add tun u iyual nurnucr ur exernpuun5 cianrieci ........................................ 7 Wages, salaries, Ups, etc. Attach Form(s) W2 ......................................... Income 8a Taxable Interest. Attach Schedule B if required ......................................... b Tax-exempt interest. Do not include on line 8a .............. I Bbl Attach Forms 9a Ordinary dividends. Attach Schedule B if required ............... . . ..................... . W-2 and W-20 It 4wltd 1i1 9b (tee la rs here. Also attach Form(s) 1099.R if ............. ........................... TO Taxable refunds, credits, or offsets of state and local income taxes (see instructions) ...................... tax was withheld. 11'. Alimony received ..................................................... . ............. . 12 Business income or (loss), Attach Schedule C or C•FZ .............. . .. . .. . . ............ If you did not 13a Capital gain or (loss). Ad Sch 0 if regd. If not reqd, ck here ................... . . . . . . . ? get a W2, see bow s saceplie''ax 13bl .eal..? lava ............ .................... ..... instructions, 14 Other gains or (losses). Attach Form 4797 ............................................. 15a IRA distributions ........... 150It Taxable amount (see instrs) 160 Pensions and annuities .. 16a 13, 057. b Taxable amount (see instrs) .. 17 Rental real estate, royalties, partnerships, S corporations, trusts, etc. Attach Schedule E .. Enclose, but do 18 Farm income or (loss). Attach Schedule F .............................................. not attach, any 19 Unemployment compensation .......................... . payment. Also, please use 4 .. ......................... 203 Social secure benefits . , ....... 20al _J d b Taxable amount (see instrs) .. Form 10 0-V, 21 Other income 23 Educator expenses (see instructions),,,,,,,,,,,,,,,,,,,,,,, 23 55. Gross 24 Gross IRA deduction (see instructions) ....... . ...... . . ... , . , , , , , , 24 Income 25 Student loan interest deduction (see instructions) ............ 25 715. 26 Tuition and fees deduction (see instructions) ................ 26 736. , 27 Moving expenses. Attach Form 3903 ,,,,,,,,,,,,,,,,,,,,,,, 27 28 One-half of self-employment tax. Attach Schedule SE........ 28 29 Self-employed health insurance deduction (see instrs) .... , .. 29 30 Self-employed SEP, SIMPLE, and qualified plans ............ 30 :. 31 Penalty on early withdrawal of savings . . . ...:............. 31 - 32aAllmanypaid bRecipient'sSSN.... o' 296-66-5790 ., 32a 6,147. 33 Add lines 23 through 32a ........................................ ........ .................. 34 Subtract line .11 from line 22. This is our ad lusted gross income ,,,, , , , , , , , , , , , SAA For Disclosure, Privacy Act, and Paperwork Reduction Act Notice, see instructions. ,,,,, , FDIA01 t 2 01116104 W A.. N YOU afte Nlan !rdt d Above. their r- Form 1046 003 John J Wells Jr LI l Q ... . ....... . ... . m line 34 (adjusted gross income) nt fr 5 A L p as T-pJ;T rL CL 38,111. Tax ....... .. mou o and 3 Tax 36a Yet were born before January 2, 1939, Blind. Total boxes Credits Chock 10 e L Spouse was born before January 2, 1939, Blind, checked 0, 36a if: Standard It If you are married filing separately and your spouse itemizes deductions, Deduction or you were a dual-status alien, see Instructions and cheek here . ............. 36b 11 for- 37 itemized deductions (from Schedule A) or your standard deduction (sea left margin) ..................... . 37 50. • People who checked any box 36 Subtract line 37 from line 35 ................. . . ...... . ...... . ...................... . .. 36 33.36.1. on line 36a or 36b or who can 39 If line 35 is $104,625 or less multiplyy $3,050 by the total number of exemptions claimed 625, see the worksheet in the instructions .............. . If line 35 is over 1104 on line 6d 39 3,050. be claimed as a see dependent, , . 411 Taxable Income. Subtract line 39 from fire 38. ............... .......... ... Carter -0. than line 38 If lin 39 is mo 40 30, 311. . instructions ........................ . e re , Check if any tax Is from a Q Form(s) 8814 b Q Form 4972 .................... . . . 41 Tax (see insbs) 41 4,391. • All others: . 42 Alternative minimum tax (see instructions). Attach Form 6251 ............... . . ........ 42 Single or Married filin separately ? 43 Add lines 41 and 42 ............ ..................................... 43 4 391 . t , $4,7b0 44 Foreign tax credit. Attach Form 1116 if required ... ....... . .. 44 Married filing 45 Credit for child and dependent care expenses. Athol Fonn 2441 .......... 45 •`° jointly or 46 Credit for the elderly or the disabled. Attach Schedule R ..... 46 Qualifying widow(er), 47 Education credits. Attach Form 8863 ... . ..... . . ............ 47 .. $9,500 48 Retirement savings contributions credit, Attach Form 8880. , 48 Head of 49 Child tax credit (see Instructions) ........................ . . 49 household, 000 50 Adoption credit. Attach Form 8839 ........................ so $7, 51 Credits from: a Q Form 8396 b Q Form 8859 ... . .... 51 t 52 Other credits. Check applicable box(es): a Q Form 3300 F orm a Specify b 52 8801 53 Add lines 44 through 52. These are your total credits P 54 Subtract line 53 from line 43. If line 53 is more than line 43, enter •O• .......... . . ..... 54 4,391. 55 Self-employment tax. Attach Schedule SR ............. . . . ........... . .......................... 55 Other 56 Social security and Medicare tax 40 tip income not reported to employer. Attach Form 4137 ..... . ..... . ...... 56 Taxes 57 Tax on qualified plans, including IRAs, and other taxdlaxamd accounts. Attach Form 5329 if required ........... 57 58 Advance earned income credit payments from Form(s) W2 ....... . .. . .......... . ....... 58 59 Household employment taxes. Attach Schedule H ................... ....... 59 ......-,,..-..? 6o Ado lines 54.59,1% is your totiitax' . ................ ................ ..... 66 4 3 1. Payments 61 Federal income tax withheld from Forms W2 and 1099 ...... 61 10,65.7. ou have a 62 2003 estimated tax payments and amount applied from 20 return . ... , If 62 y qualifying 63 Earned Income credit (EIC) ... . ..... . ............ . ...... . .. 63 child, attach {` 64 Excess social munte and tier 1 RRTA tax withheld (sea instructions) ....... 64 Schedule EIC. I 65 Additional child tax credit. Attach Form 8812 ......... . . ..... 65 66 Amount paid with request for extension to file (see instructions) .......... 66 67 Other pmts from: a ? Form 2438 b E] Form 4136 c C] Form 8885 67 68 Add lines 61 through 67. These are your total payments ................ ..... .................... ? 68 10,657, Refund 69 It line 68 is more than line 60, subtract lisle 60 from line 68. This Is the amount you overpaid ................ 69 6 266 . Direct deposit? 70a Amount of line 69 you want refunded to ou . ...... . . ..... . . ................. .. . . ?' 70s 6,266. See instructions ? b Routing number. , ...... 021000021 ? e T pe: nX Checking Savings and fill in 701 . d Account number ....... 109002593065 70c, and 70d. 71 Amount of line 69 you went spoiled to Your 2004 estimated tax .. , , , ? 71 Amount 72 Amount you owe. Subtract line 68 from fine 60. For details on how to pay, see instructions ............... ? 72 I vu Uwe 73 Estimated tax penalty (See instructions) ... . ....... . ......? 73 L Third Party Do you went to allow another person to discuss this return with the IRS (see Instructions)? .............. . ............................... . .... . . . .... . . Q Yes. Complete the following. ONO Designee Degigme's - Phone Forsar181 idenrmco ice new.. no. * number (PIW Under p?annaloes b penury, I decum that 1 have examined this return and aocanpanying oGhedulm and statements. and to ere best of my know and Sign III Il,lry are euc. tarred, one camptele. Drcleralian of preparer (oilier thin laxoayer) is eased on all vAartnslto of which Dfepucr me arty knowledge. Here Your signaawe Dale Your, occ"p'+hun Daytime Kahn number Joint return? , - p See instructions. CSSAMO Keep a copy spouse's signature. its Joint return. both must sign. Date spouse's occupation for your records. )? I. Paid Preparer's Use Only Form 1040 FDAdi12 0111Wda Income and Expense Statement PACSES Case Number 771000028 Section III: Expealles Instructions: Only show extraordinary expenses in ails section unless you filled out Section Ii on page M. The categories in BOLD FONT are especially important for ealouladu ehrild support. If you are requesting Spousal Support/APL or if you assert your case cannot be determined according to the guideline grids or formula, thin section must be fully comploted. ?l a ?.1" o? (pill in Appropriate Column) EXPENSES WEEK MONTH YEAR Home MortgageA ut $ $ LO $ Maintemnee Utilities Electric $ e iv-t" s Gras Oil Telephone Water Sewer Employment Public Transport. S $ $ Lunch 110 TOM Real estate $ $ $ Personal Property Insurance Homeowner's $ $ $ Automobile tife Accident Health Other Automobile Payments $ $ a. $ Fuel M-eaw Aocwr $ $ Dentist Orthodontist Hospital Medial" et7b tgla?, braces, I venfy titat the statements made in this Income and Expense. Statement stn ents herein are subject to the criminal penalties of 18 Pa. C.S. § D ! Pla(ndff JP EXPENSES (Flt in Appropriate Column) (continued) WEEK MONTH YEAR AMU Private School $ $ S Parochial School College i(,(J Religious P"80021 cletwng $ $ 0l0.ct1 s Food W Barber/ Hairdmawr r Credit Payments Credit Card Charge Membersh' s a credit union $ S $ Mis aueous Household Help $ $ $ Child care Pape , ooks e azirte d Bntettainmcra Pay TV Vacation, Gins Legal fees : W uh rumble OdrqCltil AFtrooAy ?. GI/ Other rL(/ s is Is I Total WEEK MO rl Eatses $ $ -453 Service Type M Cotreot. I u erstand that false to unsrpo wification to authorities, ea WrT pus Porm IN-008 WorkerlD 21205 Control Number RAS0082457 STATEMENT EFFECTIVE DATE NEW PAY DUE AS OP SSN DEC 02, 2004 TAN 03, 2005 272 64 6314 PLEASE REMEMBER TO NOTIFY DFAS IF YOUR ADDRESS CHANGES DEFENSE FINANCE AND ACCOUNTING SERVICE US MILITARY RETfREMENT PAY PO SOX 7130 LONDON KY 40743-0130 SFC JOAN JACOB WET, LS JR USA P.ET COMMERCIAL (216) $23-3955 98-09 65TH RD - -- - - TOLL FREE 1-800'121-1010 TOLL FREE FAX 1-900-469-6559 APT 1D REGO PARK NY 11374-3501 wyP'y hnpillmyPsyAr",mll y 1-977-361-3677 - mr=_ GROSS PAY 1,188.00 N44 1,220.00 ADDL FITW - 250.00 25D.DU SEB COSTS 77.50 79.59 SITW. 50.00 5n.nn TAXABLE INCOME 1,110.50 1,140.41 GARNISHMENT LED 526.82 546.26 PAYMENT AQUITFE55 NET PAY 283.68 294.15 TAXABLE INCOME: 13,326.00 FEDEP.A? INCOME TAX WITHHELD: - 3,000.00 DTRErT DEPOSIT STATE TAX WITHHELD FOR NEW YORK: 600.00 STATE CODE: NY STATE INCOME TAX WITHHELD: 50.00 ADDITIONAL FITW: 250.00 ONLY ADDITIONAL FEDERAL INCOME TAX WITHHOLDING IS BEING DEDUCTED FROM YOUR RETIRED PAY. SBP COVERAGE TYPE: SPOUSE ONLY ANNUITY BASE AMOUNT: 1,224.43 SPOUSE ONLY COST: - 79.59 559 ANNUITY AMOUNT: _ 673.46 35% ANNUITY AMOUNT: 428.55 SPOUSE DOB: JUN 06, 1960 THE ANNUITY PAYABLE IS 55% OF YOUR ANNUITY BASE AMOUNT UNTIL YOUR SPOUSE REACHES AGE 62. AT AGE 62, THE ANNUITY MAY BE REDUCED DUE TO SOCIAL SECURITY OFFSET, OR UNDER THE TWO-TIER FORMULA. THAT REDUCTION MAY RESULT IN AN ANNUITY THAT RANGES BETWEEN 35% ($ 428.55) AND 559 ($ 673.46) OF THE ANNUITY BASE AMOUNT. THE COMBINATION OF THE SBP ANNUITY AND THE SOCIAL SECURITY BENEFITS WILL PROVIDE TOTAL PAYMENTS FROM DFAS AND THE SOCIAL SECURITY ADMINISTRATION OF AT LEAST 558 OF YOUR BASE AMOUNT. THE ACTUAL ANNUITY PAYABLE IS DEPENDENT ON FACTORS IN EFFECT WHEN THE ANNUITY IS ESTABLISHED. DFAS-CL 7220/148 (REV 03-01) WELLS 6314 W r•n.e ff:4. 41.wa _ RI?ni4 rw. upx _. tt2a Earnings Statement ARM LOGISTICS MANAGEMENT RESOURCES, INC. Period Ending: 0110212005 PH. 804.541.6193 Pay Date: 01107/2005 4451 CROSSINGS BLVD PRINCE GEORGE, VA 23875 Taxable Marital Status: Single JOHN J WELLS ExemplionslAllowances: 98.09 65TH RD Federal: 0 APT. 1-D State: 0 REGO PARIC,NY 11374 Social Security Number: 27284-6314 Eaminas raw boom this period year to dab Regular 1816.96 1,816.86 ?, i* rush 1,816.96 Deductions Statutory Federal Income Tax -299.92 299.92 Social Security Tax -111.62 111.62 Medicare Tax -26.11 26.11 NY State Income Tax -89.68 89.68 NY SUIISDI Tax -1.20 1.20 Other Checking -1.271.87 Dental -1.32' 1.32 Medical -15.24' 15.24 • Excluded from federal taxable wages Your federal taxable wages this period are $1,800.40 LOGISTICS MANAGEMENT RESOURCES , INC PH. 604-541.6193 4451 CROSSINGS BLVD PRINCE GEORGE , VA 23875 JOHN J WELLS ios- Advice number, 00000010342 Pay dat 01/0712005 109002593065 0210 0002 $1,271.87 kt_ k NON-NEGOTIABLE Cc' Linda- Wells In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION 13 N. HANOVER Sr; P.O. BOX 320, CAni.ME, PA. 17013 Phone: (717) 240-6225 APRIL 20, 2005 O'BRIEN ROBERT L C/O OBRIEN, BARIC & SCHERER 19 W SOUTH ST CARLISLE PA 17013-3444 Distribution Cover Letter Plaintiff Name: LINDA L. WELLS Defendant Name: soHN J. WELLS PACSES Case Number: 771000028 Fax: (717) 240-6248 Please note: AD correspondence must include the PACSES Case Number. Dear O'BRIEN ROBERT L Please note the attached, document and/or correspondence. This information is being sent to update you on the above captioned case. Sincerely, v J. lSHADDAY Service Type M Form CM-520 Worker ID 0 q 41 /,A 06 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION LINDA L. WELLS ) Order Number 1056 S 96 Plaintiff ) VS. ) PACSES Case Number 771000028 JOHN J. WELLS ) Docket Number 1056 S 96 Defendant ) Other State ID Number ORDER OF COURT Q Final ® Interim O Modified AND NOW, 20TH DAY OF APRIL, 2005 based upon the Court's determination that the Payee's monthly net income is $ 2,033.79 and the Payor's monthly net income is $ 3,676.60 , it is hereby ordered that the Payor pay to the Pennsylvania State Collection and Disbursement Unit SEVEN HUNDRED FIFTY SEVEN AND XX/100 Dollars ($ 757.00 ) a month payable MONTHLY as follows: first payment due ON OR MAY 1, 20050 The effective date of the order is 03/16/05 . Arrears set at $ 5157.63 as of APRIL 20, 2oo5 are due in full IMMEDIATELY. All terms of this Order are subject to collection and/or enforcement by contempt proceedings, credit bureau reporting, tax refund offset certification, driver's license revocation, and the freeze and seize of financial assets. These enforcement/collection mechanisms will not be initiated as long as obligor does not owe overdue support. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all the means listed above. For the Support of: Name Birth Date LINDA L. WELLS 06106160 FormOE Service Type M -518 Worker ID 21005 WELLS V. WELLS PACSES Case Number: 771000029 The defendant owes a total of $ 757.00 per month payable MONTHLY ; $ 657.00 for current support and $ lao. oo for arrears. The defendant must also pay fees/costs as indicated below. This order is allocated and monies are to be applied as follows: Frequency Codes: Payrnent Amount/ $657.00 /M $ 0.00 / $ 0.00 / $ 0.00 / $ 0.00 / $ 0.00 / $ 0.00 / $ 0.00 / $ 0.00 / $ 0.00 / $ 0.00 / $ 0.00 / $ 0.00 / $ 0.00 / $ 0.00 / $ 0.00 / $ 0.00 / $ 0.00 / $ 0.00 / $ 0.00 / 1 =One Time B =BiWeekly 2 =Bi-Monthly M =Monthly Q = Quarterly 5 =Semi-Annually S =Semi-Monthly A =Annually W =Weekly Debt I= DesLTinllon SPOUSAL SUPPORT LINDA L. WELLS Said money to be turned over by the Pa SCDU to: LINDA L. WELLS Payments must be made by check or money order. All checks and money orders must be made payable to Pa SCDU and mailed to: Pa SCDU P.O. Box 69110 Harrisburg, Pa 17106-9110 Payments must include the defendant's PACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. Page 2 of 4 Form OE-518 Service Type M Worker ID 21005 WELLS V. WELLS PACSES Case Number: 771000028 Unreimbursed medical expenses that exceed $250.00 annually per child and/or spouse are to be paid as follows: o % by defendant and loo % by plaintiff. The plaintiff is responsible to pay the first $250.00 annually (per child and/or spouse) in unreimbursed medical expenses. O Defendant (j) Plaintiff O Neither party to provide medical insurance coverage. Within thirty (30) days after the entry of this order, the ®Plaintiff O Defendant shall submit to the person having custody of the child(ren) written proof that medical insurance coverage has been obtained or that application for coverage has been made. Proof of coverage shall consist, at a minimum, of : 1) the name of the health care coverage provider(s); 2) any applicable identification numbers; 3) any cards evidencing coverage; 4) the address to which claims should be made; 5) a description of any restrictions on usage, such as prior approval for hospital admissions, and the manner of obtaining approval; 6) a copy of the benefit booklet or coverage contract; 7) a description of all deductibles and co-payments; and 8) five copies of any claim forms. Other Conditions: Defendant shall pay the following fees: Fee Total $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 Fee Description for JUDICIAL COMPUTER FEE for COLLECTION FEE for COURT COSTS for for la=W Frequency Payable at $ 0.00 per ONE TIME Payable at $ 0.00 peryEAR Payable at $ 0.00 per ONE TIME Payable at $ 0.0 0 per Payable at $ 0.00 per Page 3 of 4 Form OE-518 Service Type M WorkerlD 21005 WELLS V. WELLS PACSES Case Number: 771000028 EWPORTANT LEGAL NOTICE PARTIES MUST WITHIN SEVEN DAYS INFORM THE DOMESTIC RELATIONS SECTION AND THE OTHER PARTIES, IN WRITING, OF ANY MATERIAL CHANGE IN CIRCUMSTANCES RELEVANT TO THE LEVEL OF SUPPORT OR THE ADMINISTRATION OF THE SUPPORT ORDER, INCLUDING, BUT NOT LIMITED TO, LOSS OR CHANGE OF INCOME OR EMPLOYMENT AND CHANGE OF PERSONAL ADDRESS OR CHANGE OF ADDRESS OF ANY CHILD RECEIVING SUPPORT. A PARTY WHO WILLFULLY FAILS TO REPORT A MATERIAL CHANGE IN CIRCUMSTANCES MAY BE ADJUDGED IN CONTEMPT OF COURT, AND MAYBE FINED OR IMPRISONED. PENNSYLVANIA LAW PROVIDES THAT ALL SUPPORT ORDERS SHALL BE REVIEWED AT LEAST ONCE EVERY THREE (3); YEARS IF SUCH REVIEW IS REQUESTED BY ONE OF THE PARTIES. IF YOU WISH TO REQUEST A REVIEW AND ADJUSTMENT OF YOUR ORDER, YOU MUST DO THE FOLLOWING: CALL YOUR ATTORNEY. AN UNREPRESENTED PERSON WHO WANTS TO MODIFY (ADJUST) A SUPPORT ORDER SHOULD CONTACT THE DOMESTIC RELATIONS SECTION. ALL CHARGING ORDERS FOR SPOUSAL SUPPORT AND ALIMONY PENDENTE LITE, INCLUDING UNALLOCATED ORDERS FOR CHILD AND SPOUSAL SUPPORT OR CHILD SUPPORT AND ALIMONY PENDENTE LITE, SHALL TERMINATE UPON DEATH OF THE PAYEE. A MANDATORY INCOME ATTACHMENT WILL ISSUE UNLESS THE DEFENDANT IS NOT IN ARREARS IN PAYMENT IN AN AMOUNT EQUAL TO OR GREATER THAN ONE MONTH'S SUPPORT OBLIGATION AND (1) THE COURT FINDS THAT THERE IS GOOD CAUSE NOT TO REQUIRE IMMEDIATE INCOME WITHHOLDING; OR (2) A WRITTEN AGREEMENT IS REACHED BETWEEN THE PARTIES WHICH PROVIDES FOR AN ALTERNATE ARRANGEMENT. UNPAID ARREARAGE BALANCES MAY BE REPORTED TO CREDIT AGENCIES. ON AND AFTER THE DATE IT IS DUE, EACH UNPAID SUPPORT PAYMENT SHALL CONSTITUTE, BY OPERATION OF LAW, A JUDGMENT AGAINST YOU, AS WELL AS A LIEN AGAINST REAL PROPERTY. IT IS FURTHER ORDERED that, upon payor's failure to comply with this order, payor may be arrested and brought before the Court for a Contempt hearing; payor's wages, salary, commissions, and/or income may be attached in accordance with law; this Order will be increased without further hearing by o % a month until all arrearages are paid in full. Payor is responsible for court costs and fees. Copies delivered to parties Date Consented: Plaintiff Plaintiff's Attorney Defendant DRO: RJ Shadday xC: plaintiff defendant Robert O'Brien, Esquire Paul Esposito, Esquire Defendant's Attorney BY Edgar B. Bayley 1 Page 4 of 4 Form OE-518 Service Type M Worker ID 21005 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION PACSES Case Number: 771000028 Docket Number: 1056 S 96 Other State ID Number: Please note: An correspondea must htclude the PACSES Case Number. APRIL 20, 2005 SUMMARY OF TRIER OF FACT Plaintiff Information Defendant Information LINDA L. WELLS JOHN J. WELLS Address: 1004 NORTHFIELD DR CARLISLE PA 17013-1386 Address: 98-09 65TH RD APT 1D REGO PARK NY 11374-3501 Employer: Employer: ARMY & AIR FORCE EXCHANGE SVC LOGISTICS MANAGEMENT C/O FA-C PR RESOURCES INC PO BOX 660202 4300 CROSSINGS BLVD DALLAS TX 75266-0202 PRINCE GEORGE, VA 23875-1455 Attorney: Attorney: O'BRIEN ROBERT L PAUL J ESPOSITO, ESQUIRE ? Complaint for Support. ® Petition for Modification Filed 03/16/05 ? Other Reason for Conference: PLTF FILED FOR AN INCREASE OF SPOUSAL SUPPORT. Dependent(s) Current Order: $388.00 / Der month 07/12/01 ORDER W/ 100/M OOA Service Type M Form CM-022 Worker ID 21005 WELLS V. WELLS PACSES Case Number: 771000028 Plaintiff Information Defendant Information Current Income: $31,165.99/A GROSS 2004 W2 WAGES $810.00/M NET MILITARY RETIREMENT $2,033.79/M $1816.00/B GROSS $3676.60/M NET Tax Return: P-1 P-1 Medical Coverage: HAS HER OWN COVERAGE HAS HIS OWN COVERAGE. Child Care/Tuition: Additional Obligations: ESCROWED MORTGAGE= $855/M Other Information: PARTIES ARE STILL MARRIED AND THE PLAINTIFF STILL RESIDES IN THE JOINTLY OWNED MARITAL RESIDENCE. PLTF LIVE ALONE. - -DEF RESIDES WITH ANOTHER PERSON. DRO ERRORED IN THE CALCULATION OF THE MORTGAGE PAYMENT DURING THE SUPPORT CONFERENCE. THERE COULD BE AN ADDITIONAL $91.00 PER MONTH ADDED TO THE SPOUSAL SUPPORT OBLIGATION. DRO DOES NOT CONSIDER AT THIS TIME AS THE ORDER HAS INCREASED CONSIDERABLY SINCE THE LAST ORDER OF COURT AND DEF IS TO CONTINUE TO PAY $100/M FOR ARREARS. Page 2 of 3 Form CM-022 Service Type M Worker ID 21005 WELLS V. WELLS PACSES Case Number: 771000028 Other information (continued): Facts Agreed Upon: PARTIES ARE REQUESTING THE DIVORCE MASTER BE APPOINTED AND THERE IS NO HEARING DATE. Facts in Dispute and Contentions with Respect to Facts in Dispute: Guideline Amount: $ 748.26 / MONTH DRS Recommended Amount: $ 657.00 /MONTH DRS Recommended Order Effective Date: 03/16/05 Parties to be Covered by Recommended Order Amount: Guideline Deviation: O YES or ONO Reason for Deviation: BASIC SUPPORT IS $657/M, THERE COULD BE AN ADDITIONAL $91/M FOR MORTGAGE Submitted by: R. J. SHADDAY Date Prepared: APRIL 20, 2005 Page 3 of 3 Form CM-022 Service Type M Worker ID 21005 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMEMC RELATIONS SEMON- 13 N. nmovER Sr, P.O. Box 32o, CARLISLE, PA. 17013 Phone: (717) 240-6225 Fax: (717) 240-6248 Plaintiff Name: LINDA L. WELLS Defendant Name: soHN s. WELLS Docket Number: 1056 s 96 PACSES Case Number: 771000028 Other State ID Number: ph = nm: An eonupondeuee must mu& the PACSES Cue Number. Spousal So" Guideline Calculation with Dependent Children 1. Obligor's Monthly Net Income 2. Less All Other Support 3. Less Obligee's Monthly Net Income 4. Difference 5. Less Child Obligation for Current Action 6. Income Available for Spousal 7. Multiply by 30 % 8. Amount of Basic Spousal Support 9. Adjustment for Mortgage 10.Total Monthly Spousal Support S $ 30t S S S S 11 S iS poort Guideline Calculation without Dependent Children 1. Obligor's Monthly Net Income 2. Less All Other Support 3. Less Obligee's Monthly Net Income 4. Difference 5. Multiply by 40 % 6. Amount of Basic Spousal Support 7. Adjustment for Other Expenses 8. Total Monthly Spousal Support Service Type M $ 3,676.60 $ 0.00 $ 2.033.79 $ 1,642.81 40t $ 657.12 $ 91.14 $ 748.26 Form OE-523 Worker ID 21005 A SNAUO?wt 0420105 0937 Func: GMG1 Mortgage Expenses Summary CASE ID: 77'000020 - - -- - LINDA--i.. WELLS - -V. --JOHN A WELLS SEQ NO: ® Sol: N Active: N Worker. 21005 Date: 0420!05 Plaintiffs Net Income: 2033.79 Plaintiff Paid Expenses: Support due Plaintiff. 857.12 Defendant Paid Expenses: Plaintif's Total Income: 2090.91 Total Mortgage Expenses: 25 % Pit Total Income: Mortgage Amount in Excess of 25 % of Plaintiffs Total Income: Mortgage Support Limit: Mortgage Support Limit - Defendant Paid Expenses: Plnt Seq /Def NO -------- -- Description - - P 1 MORTG, TAX, & INSURANCE 855.00 0.00 855.00 872.73 102.27 91.14 91.14 Monthly Amount 855.00 BACK PREV NEXT In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION LINDA L. WELLS ) Docket Number Plaintiff ) VS. ) PACSES Case Number JOHN J. WELLS ) Defendant ) Other State ID Number NOTICE OF RIGHT TO REQUEST A HEARING 1056 S 96 771000028 The parties are hereby advised that they have until APRIL 30, 2005 hearing de novo before the Court. File requests in person at: DOMESTIC RELATIONS SECTION 13 NORTH HANOVER STREET CARLISLE PA 17013 or mail to: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 Service Type N to request a d Form OE-522 Worker ID 21205 4 OFFICE OF DIVORCE MASTER CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 North Hanover Street Carlisle, PA 17013 (717) 240-6535 E. Robert Elicker, 11 Divorce Master Traci Jo Colyer Office Manager/Reporter April 26, 2005 Paul J. Esposito Attorney at Law GOLDBERG, KATZMAN & SHIPMAN 320E Market Street, P.O. Box 1268 Harrisburg, PA 17108-1268 Robert L. O'Brien West Shore 697-0371 Ext. 6535 Attorney at Law O'BRIEN, BARIC & SCHERER 19 West South Street Carlisle, PA 17013 RE: John J. Wells, Jr. vs. Linda L. Wells No. 01- 3282 Civil In Divorce Dear Mr. Esposito and Mr. O'Brien: Mr. Esposito has indicated that he believes that he has provided information requested by Mr. O'Brien to complete discovery. Mr. Esposito did file a pretrial statement in this matter on February 11, 2005. The complaint in divorce was filed on May 30, 2001, raising grounds for divorce of irretrievable breakdown of the marriage and the economic claim of equitable distribution. Mr. O'Brien filed a claim for alimony, alimony pendente lite, and counsel fees on March 14, 2005. I am directing Mr. O'Brien to file a pretrial statement in accordance with P.R.C.P. 1920.33(b) on or before Monday, May 9, 2005. I also note that although Mr. Esposito filed a pretrial statement, there was no indication as to how the pension payment should be handled inasmuch as those payments are subject to equitable distribution. Mr. Esposito did note that the pension is in pay status. Consequently, I would like to have counsel address how they intend to distribute the pension specifically and how they intend to deal with the value or the payment for the survivor benefit. Obviously, the survivor benefit option is important to wife; however, there is most likely a cost deducted from each monthly benefit payment for the survivor benefit option. Mr. Esposito and Mr. O'Brien, Attorneys at Law 26 April 2005 Page 2 Upon receipt of Mr. O' Brien's pretrial statement, I will schedule a pre-hearing conference with counsel. Mr. Esposito can, of course, file a supplemental pretrial statement if he chooses. Very truly yours, E. Robert Elicker, H 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. Goldberg Katzman A full-service law firm. April 22, 2005 VOIL11- L. Goldberg (1951 2000) Harry B. Goldberg E. Robert Elicker, II, Esquire (19('1 1998) Divorce Master a North Hanover Street Ronald M. Katzman Carlisle, PA 17011 Paul J. Esposito Neil Hendershot Re: Wells v. Wells T. Jap Cooper Docket No. 2001-3282 Thomas L. Brenner April L. StrangKutay Dear Mr. Elicker: Gu) 1-1.Brooks Jerry J. Russo On Wednesday, April 20, 2005, a support conference was held in the Michael J. Crocenzi above-referenced parties' case. At that proceeding I provided Attorney O'Brien Thomas J. weber with the information he had indicated to you was needed in order to have the Steven F. Grubb Master's proceeding go forward. I believe Mr. O'Brien is satisfied with the Joh„ DCLorenzo information I provided, at least to the extent that it would be appropriate to Rm,c L. Nlorris schedule a pre-hearing conference. Accordingly, I would ask that you schedule a t>avid M. Steckel pre-hearing conference in this matter for the first available date. heather L. Paterno iierniamin D. Andreozzi Thank you for your consideration in this matter. Yours very truly, Cocnock Joshua 1). Lock Arnold B_ Kogan Paul . E osito PJE/sam cc: Robert L. O'Brien, Esquire John Wells :: ODMA I PCDOCSI DOCSI12108011 Nlarkei Street, Strawberry Square I P.O. Boa 1268 1 Harrisburg, PA 17108-12681 717-234-4161 1 717-234-6808 (fax) wrew.goldbergkatzman.com Law Offices O'BRIEN, BARIC & SCHERER 19 West South Street Carlisle, Pennsylvania 17013 Robert L. O'Brien David A. Baric Michael A. Scherer March 8, 2005 E. Robert Elicker, II, Esquire Divorce Master 9 North Hanover Street Carlisle, Pennsylvania 17013 RE: Wells V. Wells In Divorce No. 2001 - 3282 Dear Attorney Elicker: (717) 249-6873 Fax (717) 249-5755 E-mail: obs@obslaw.com I just recently met with Linda Wells, the defendant in the above-captioned action. She has not had any counsel involved in her case, and the paperwork she brought to me indicated that an application has been made and you have been appointed divorce master. I would note that while Mr. Esposito sees no need for any discovery, I believe'that I will need some opportunity to collect information from Mr. Esposito's client in order to proceed with defending this matter. Additionally, I am preparing a motion for alimony to be considered in the context of the divorce proceeding. Very truly yours, O'BRIEN, BARIC & SCHERER Robert L. O'Brien, Esquire RLO/ta cc: Ms. Linda L. Wells File rlolDomesticlWells, Li ndaLlel i cker.ltr Goldberg Katzman A full-service law firm. March 3, 2005 Arthur L. Goldberg (N31 ?000) Harry B. Goldberg , 196i-1998) E. Robert Elicker, 11, Esquire Divorce Master Ronald M. Katzman 9 North Hanover Street Paul J. Fsposito Carlisle, PA 17011 N cil 1 end e-sho t J. Jay Cooper Re: Wells v. Wells hhoin,t5 h. Brenner \pnI L. Strand-Kutay Dear Mr. Elicker: Gut "-1. RI ooks Ierr'7 J. Russo Enclosed is the original signed Certification, which certifies that discovery ieIichad 1. Crocenzi is complete in the above-referenced matter. 'rhr>n,as J. weber ?tecen I!.. Grubb Thank you. John Uei.orenzo Yours very truly, Rowe t.. Morns Oavid N'. `iteckel leather L. Patcrno ', ?niamin D, fuadreozzi Paul . E OSltO CocNy 1t1 PJE/Sam Joshua D. Lock Enclosure Arnold B. Kogan cc: Linda L. Wells (w/enc. ) John J. Wells (w/enc.) :: ODMA I PCDOCSI DOCSU 15557V \ia-I ci Street, Strawberry Square I P.O. Box 1268 1 Harrisburg, PA 17108-1268 1 717-234-4161 1 717-234-6808 (fax) vww.goldbergkaizman.com ?f i ?, b6e?' JOHN J. WELLS, JR., THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 01 - 3282 CIVIL LINDA L. WELLS, Defendant IN DIVORCE TO: Paul J. Esposito Attorney for Plaintiff Linda L. Wells Defendant DATE: Monday, February 28, 2005 CERTIFICATION j[ Y ] I certify that discovery is complete as to the claims fo 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. (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. DATE COUNSEL R AINTIFF ()C) COUNSEL FOR EFENDANT ( ) 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. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW LINDA L. WELLS, NO, 01-3282 Civil Term Defendant IN DIVORCE MOTION FOR APPOINTMENT OF MASTER JOHN J. WELLS, JR., Plaintiff, moves the Court to appoint a Master with respect to the following claims: ( X) Divorce ( ) Annulment ( ) Alimony ( ) Alimony Pendente Lite ( X) Distribution of Property ( ) Support ( ) Counsel Fees ( ) Costs and Expenses and in support of the Motion states: Discovery is complete as to the claim(s) for which the appointment of a Master is requested. 2. The Defendant has appeared in the action. The statutory ground(s) for divorce are: Irretrievable breakdown- 3301(c) or (d). 4. Check the applicable paragraph(s): ( ) The action is not contested. ( ) An agreement has been reached with respect to the above-referenced claims. ( X) The action is contested with respect to the above-referenced claims. The action does not involve complex issues of law or fact. 6. The hearing is expected to take 1 day. 7. Additional information, if any, relevant to the Motion: Date: ??I9?OS ?7 Paul J. po o Attorney for Plaintiff AND NOW, 2005, Esquire, is appointed Mater with respect to the followin claims: divorce and distribution of property. THE BY U T AA^ WE I it 1 p J. C:,;f f'I 1; n is +t T ?+rvl a n JOHN J. WELLS, JR., IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW LINDA L. WELLS, NO. U1''3'?ool cl."I DEFENDANT IN DIVORCE WAIVER OF COUNSELING JOHN J. WELLS, JR., BEING DULY SWORN ACCORDING TO LAW, DEPOSES AND SAYS: I HAVE BEEN ADVISED OF THE AVAILABILITY OF MARRIAGE COUNSELING AND UNDERSTAND THAT I MAY REQUEST THAT THE COURT REQUIRE MY SPOUSE AND I TO PARTICIPATE IN COUNSELING. 2. 1 UNDERSTAND THAT THE COURT MAINTAINS A LIST OF MARRIAGE COUNSELORS IN THE OFFICE OF THE PROTHONOTARY, WHICH LIST IS AVAILABLE TO ME UPON REQUEST. 3. BEING 50 ADVISED, I DO NOT REQUEST THAT THE COURT REQUIRE THAT MY SPOUSE AND I PARTICIPATE IN COUNSELING PRIOR TO A DIVORCE DECREE BEING HANDED DOWN BY THE COURT. I VERIFY THAT THE STATEMENTS MADE IN THIS WAIVER ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: ? 17-2 '- I JOH J. W LS, JR. o 9 -i F T j_ G °Q ?'C- Cal 7?T3 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION 13 N. HANOVER Sr, P.O. BOX 320, CARLISLE, PA. 17013 Phone: (717) 240-6225 APRIL 1, 2005 Fax: (717) 740.6248 Plaintiff Name: LnmA L. WELLS Defendant Name: JOHN s. wELLs Docket Number: 1056 S 96 PACSES Case Number: 771000028 Other State ID Number: Pkan note; All correspondence must iadude the PACSES Case Number. Income and E14gense Statement THIS FORM MUST BE FILLED OUT (If you are self-employed or if you are salaried by a business of which you are owner in whole or part, you must also fill out the Supplemental Income Statement which appears on page two of this income and expense statement.) INCOME STATEMENT OF LA/P 4 ZZ:-E Section I: Income and Insurance INCOME: Employer 14 n )L Address '-511 M ?I P S 1 e, Type of Work = 7h / Payroll No. Gross Pay per Pay Period $ /61 Ql? , -VO Pay Period (wkly., bi wkly., etc.) Itemized Payroll Deductions: Federal Wiftoldin $ .t.3 F7C S . L? Loeal Wa Tax S 1948 State Income Tax $ .att. 15- Retire vent S 14 C rt S Credit Union $ -+ Life Insurance S , r Health Insurance S 4$ ^!1 $ c k ?- r S 3..5 e Other Deductions (specify) tt L. 'A N S kl?c C S. A .Z Net Pay per Pay Period $ r7/7941 OTHER (Fill in Appropriate Column) INCOME WEEK MONTH YEAR Interest $ $ $ Dividends Pension Annuity Social Security Rents Royalties Expense Account Gifts Unemployment Workmen's Compensation Other r-1- other TOTAL I s I s TOTAL INCOME $ Service Type M PROPERTY Ownership " OWNED DESCRIPTION VALUE H W J Checking Accounts C[yjj h<7 $ 1y. Savings Accounts Credit Union StockslBonds Real Estate #0/X*' Boo div, Lo Other &A C1c4 /?c= e?. ?TOTALIS go;k9o, " H=Husband; W -Wife; 7 =Joint Form IN-008 Worker ID 21205 WO, Income and Expense Statement PACSES Case Number 771000028 Section M: Expenses Instructions: Only show extraordinary expenses in this section unless you filled out Section H on page two. The categories in BOLD FONT are especially important for calculating child support. If you are requesting Spousal Support/APL or if you assert your case cannot be determined according to the guideline grids or formula, this section must be fully completed. (Fill in Appropriate Column) EXPENSES -- WEEK MONTH YEAR Home Mortgage/Rent a a 9,ir a Maintenance U ' ities Electric $ s L' is Gas Oil Telephone R $ Water attyl, -? Sewer EmolooYmint Public Transport. S •? $ S Lunch ?'CI Taxes Real estate S S S Personal Property Insurance Homeowner's $ $ -- $ Automobile Life 1 '71 AY Accident Health M3. . / ?L Other Automobile Payments S 5.,45¢; S Fuel ke - Repairs Medical. Doctor S $ -- $ Dentist Orthodontist Hospital Medlci? apecau Wasw, braces, EXPENSES (Fill in Appropriate Column) (continued) WEEK MONTH YEAR Education Private School $ $ ?-? $ Parochial School •? College Religious Personal Clotting S $ tV " $ Food Barber/ Hairdresser Payments Credit Card Charge Memberships Loans Credit Union $ $ S rS:.? ot2f 5 Miscellaneous Household Help. $ $ $ Child care Papets/books Magazines t Entertainment Q --' Pay TV - Vacadon ' i -• Gifts Legal fees ''70 -- -CEan e .d r ny Other $ S S Total WEEK WEER $ I Ex ttges• I leaWI,? 5 YEAR I I verify that the statements made in this Income and Expense Statement are true and correct: I understand that false statements herein are subject to the criminal penalties of 18 Pa. C.S. § 49 , relating m unswo'u falsification m authorities. Date d or Defrnda Page 3 of 3 Form IN-008 Service Type M Worker lD 21205 Income and Expense Statement PACSES Case Number 771000028 Coverage • INSURANCE COMPANY POLICY N H W C )_IC Blue Blue Cross n >4 ? Other r Medical Slue Shield TWA [= Other Health/Accident Disability Income Dental 7NA Other • H=Husband; W=Wife; C=Child Section II: Sunolemental Income Statement a. This form is to be filled out by a person ? (1) who operates a business or practices a profession, or ? (2) who is a member of a partnership or joint venture, or ? (3) who is a shareholder in and is salaried by a closed corporation or similar amity. b. Attach to this statement a copy of the following documents relating to the partnership, joint venture, business, profession, corporation or similar entity: (1) the most recent Federal Income Tax Return, and (2) the most recent profit ud Loss Statement C. Name of business: Address and telephone number: d. Nature o busmen (check one) ? (1) partnership ? (2) joint venture ? (3) profession ? (4) closed corporation ? (S) other e. Name of accountant, controller or other person in charge of financial records: f. Annual income from business: (1) How often is income received? (2) Gross income per pay period: (3) Net income per pay period: (4) Specified deductions, if any: Page 2 of 3 Form IN-008 Service Type M Worlrer ID 21205 1 Employee Self Service I Associate Connection { NR Hom``ee? I home. 1 W2 Forms, L:.I feedback LINDA LEE WELLS Select tax year for W-2 2004 View NOTE: rcu have multiple forms in a specific year. The year without an asterisk is the final one. OMB No. 1545-0008 Control number t Wages, Ups, other compensation Federal income tax withheld REISSUED 31,165.99 4,416.67 Social security tips Social security wages Social security tax withheld 0.00 32,821.67 2,034.94 Allocated Ups Medicare wages and tips Medicare tax withheld 32,821.67 475.91 Advance EIC payment 10 Dependent care benefits 11 Nonqualified plans 0.00 Employer's name, address, and ZIP code 12a See instructions for box 12 ARMY AND AIR FORCE EXCHANGE SERVICE D 1,655.68 3911 SOUTH WALTON WALKER BLVD 12b P.O. BOX 660659 ATTN. FA-C/PR DALLAS, TX. 75236-0659 12C Employer's identification number Employee's social security numbs 2d 75-1232789 296-66-5790 Employee's name, address, and ZIP code 13 Statutory Retirement Third-party WELLS, LINDA LEE employee Plan sick pay 1004 NORTHFIELD DR X CARLISLE PA 17013-1386 4 other SAL REDI 1,389.96 OPT 10.00 t5 state Employer's state to No 6 State wages, Ups. etc 17 state income tax 2004 PA 1891182 32,821.67 983.77 W-2 Wage and Tax 18 Local wages, tips, etc 19 Local income tax 0 Locality name Statement Copy B To Be Filed With Employee's 32,821.67 525.17 N MIDDL EDERAL Tax Return 16-0331690 Department of the Treasury-Internal Revenue Service This information is being furnished to the Internal Revenue Service Paragraph 1-24a, AR 60-21IAFJMAN 34-218, Exchange Service Personnel Policies Any employee who, for the purpose of concealing or misrepresenting a material fact, willfully or unlawfully alters, falsifies, or destroys, or causes to be altered, falsified, or destroyed official AAFES or other Government documents, records, or files, regardless of motive, is subject to separation for cause or other disciplinary action. https://timon.aafes.com/self-service/money_jnatters/w2form.asp 4/19/2005 Employee Self Service I Associate Connection I HR Home I home. Paycheck Stubs feedback LINDA LEE WELLS please select pay period end 08 APR 2005 View Stub dw ??• LINDA LEE WELLS SSN 296-66-5790 1004 NORTHFIELD DR PAY PERIOD 08 APR 2005 • CARLISLE, PA. 17013-1386 FACILITY NUMBER 1965-0553-00 BASE HOURLY RATE 16.23 . CURRENT EARNINGS HOURS AMOUNT LEAVE INFORMATION ACCRUED YTD BALANCE YTO USED REGULAR PAY 1ST 32.0 519.36 VACATION LEAVE 6.0 102.2 66.5 ANNUAL LEAVE 1ST 48.0 779.04 SICK LEAVE 4.0 821.1 24.0 GROSS PAY 1.298.40 TAX INFORMATION STATUS & EXEMPTIONS ADDITIONAL AMOUNT CURRENT DEDUCTIONS AMOUNT FEDERAL SINGLE 15.00 STATE PA SINGLE FEDERAL WITHHOLDING TAX 162.63 CITY SINGLE FICA 77.05 MEDICARE 18.03 INSURANCE INFORMATION STATE WITHHOLDING TAX 38.15 GROUP HEALTH OPEN CHOICE(PPO) SINGLE COVERAGE RETIREMENT CONTRIBUTIONS 10.39 BASIC LIFE $68,000 401(K) CONTRIBUTION 64.92 PERSONAL ACCIDENT SINGLE-$300,000 REPAY 401(x) LOAN 64.92 CITE WITHHOLDING TAX 19.88 YEAR TO DATE INFORMATION YTO AMOUNT MEDICAL AETNA 48 .28 GROSS PAY SUBJECT TO FEDERAL TAX 10,423.20 BASIC ASIC LI FE/AO&DlDISB INSR B 7 .14 FEDERAL TAX WITHHELD 1,545.79 DENTAL INSURANCE 3.28 STATE TAX WITHHELD 344.73 PERSONAL ACCIDENT INSUR 4.32 CITY TAX WITHHELD 169.91 FICA WITHHELD 678.44 TOTAL DEDUCTIONS 518.99 MEDICARE WITHHELD 158.67 NET PAY 779.41 RETIREMENT CONTRIBUTIONS 83.12 SALARY REDIRECTION 442.88 EXCLUDED FROM WAGES SUBJECT T O FEDERAL STATE & FICA TAX 401K CONTRIBUTIONS 519.36 EXCLUDED FROM WAGES SUBJECT TO FEDERAL & STATE TAX DIRECT DEPOSIT BANKING INFORMATION DEPOSIT AMOUNT ACCOUNT NUMBER FINANCIAL INSTITUTION $654.41 XXX238736 031301846 $125.00 XXX034904 031301846 https://timon.aafes.com/self-service/Money_matters/stabs-asp 4/18/2005 Department of the Treasury - Internal Revenue Service For the year Jan 1 - Dec 31, 2004, or other tax year beginning , 2004, ending .20 able No. 1545-0074 Label Your first name xn Last name Your social seventy number (See instructions) LINDA LEE WELLS 296-66-5790 Use the If a joint return, spouse's first name N Last name Spouse's social saeurity manber IRS label. Othenwse, i l t Home address (number and streen. If you have a P.O. box. see instructions. Apartment no. A Important! ease pr n p or type. 1004 NORTHFIELD DR You must enter your social City, town or post office. If you have a foreign address, see instructions. State ZIP code security number(s) above. Presidential CARLISLE PA 17013 Election Campaign You Note; Checking 'Yes' will not change yolx tax or reduce your refund. Spouse (see instructions,) Do you, or ourspouse if filin a 'oint return, want $3 to o to this fund? ........... " RI Yes No Yes No Filing Status 1 Single 4 Head of household (with qualifying person). (See 2 Married filing jointly (even if only one had income) instructions.) If the qualifying person is a child ' but not your dependent, enter this child s Check only 3 Married filing separately. Enter spouse's SSN above 8 full name here. 0* one box, name here.. ? :A -1.1 (-' `f (d 3 14 5 [1 Qualifying wd%Ker) with dependent child (see instructions) Exemptions X 6a Yourself. If someone can claim you as a dependent, do not check box 6a ............ Barters rRed 1 It Souse ................................... ........ ........................... _ "of c ildran c Dependents: (2)De?endent's (?Dependerlt's (4)d on6`"^1O` 0 void ir i socia sectuity relationship y rg ual am Of d number ou to y it it • a; &e n fa I tax credit edd ot If more than f d t d n at naeradabro our epen en s, see instructions. ^ I I Add numbers onions d Total number of exemptions claimed .............................. . . . .. .. . . . . . . . . ........... above ..... ai? 1 7 Wages, salaries, tips, etc. Attach Form(s) W-2 ......................................... 7 31,166. Income 8a Taxable interest. Attach Schedule B if required ......................................... 8a b Tax-exempt interest. Do not include on line Be .... . ......... 8b Attach Font(s) 9a Ordinary dividends. Attach Schedule B if required ....................................... 9a W-2 here. Also b Qualyd divs 9bI attach Fenns (see instrs) .................... . ......... i.c................ . W-2G and 1099-R 10 Taxable refunds, credits, or offsets of state and lout nome taxes (see instructions) ...................... 10 if tax was withheld. 11 Alimony received .......................... _ _ ...................................... 11 6, 32Z. 12 Business income or (loss). Attach Schedule C or C-FS .................................. i 12 If you d d not get o W-2 13 Capital gain or (loss). Att Sch D if reqd. If not rood, ck here .......................... ll? ? 13 see instructions. 14 Other gains or (losses). Attach Form 4797 ............................................. 14 15a IRA distributions ........... 154 b Taxable amount (see instrs) .. 15b 16a Pensions and annuities .. 16a b Taxable amount (see instrs) .. 16b 17 Rental real estate, royalties, partnerships, S corporations, trusts, etc. Attach Schedule E .. 17 Enclose, but do 18 Farm income or (loss). Attach Schedule F .............................................. 18 not atlaoh, any 19 Unemployment compensation .............................. . .......................... t Al 19 paymen so, 20a Social security benefits ........ please use 20al b Taxable amount (see instrs) .. ZOb Form 104114. 21 Other income 21 22 Add the amounts in the far right column for lines 7 throuah 21. This is vour total income. ? 22 37.488. 23 Educator expenses (see instructions) ....................... 23 Adjusted 24 Certain business expenses of reservists, performing artists, and fee-basis Gross government officials. Attach Form 2106 or 2106-FZ .................... 24 Income 25 IRA deduction (see instructions) ........................... 25 26 Student loan interest deduction (see instructions) ............ 26 27 Tuition and fees deduction (see instructions) ................ 27 28 Health savings account deduction. Attach Form 8889 ........ 28 29 Moving expenses. Attach Form 3903 ....................... 29 30 One-half of self-employment tax. Attach Schedule SE ........ 30 31 Self-employed health insurance deduction (see instrs) ....... 31 32 Self-employed SEP, SIMPLE, and qualified plans ............ 32 33 Penalty on early withdrawal of savings ...................... 33 34a Alimony paid b Recipients SSN .... 34a 35 Add lines 23 through 34a .............. _ _ ..................... ..... ...................... 35 36 Subtract line 35 from line 22. This is our adjusted gross inco me .. ................... ? 36 37 488 - SAA For Disclosure, Privacy Act, and Paperwork Reduction Act Notice, see instructions. FDIA0112 11/01(04 Form 1040 (2004) $CHEDULE A I d D ti i d OMS No. 1545.0074 uc ons tem ze e ?a? loao? 204 im ..;, ant of the Treasury Infernal Revenue Service (99) Attach to Form 1040. ? See Instructions for Schedule A (Form 1040). 07 Neme(s) slw on Form 1040 Your sociu woolly onebw LINDA LEE WELLS 296-66-5790 Medical Caution. Do not include expenses reimbursed or paid by others. and 1 Medical and dental expenses (see instructions) ....... . .................. 1 Dental Expenses 2 Enter amount from Form 1040, line 37 ... 2 .. 3 Multiply line 2 by 7.5% (.075) ................................. 3 4 Subtract line 3 from line 1. If line 3 is more than line 1, enter -0 .. ................ ....... 4 5 State and local (check only one box): a X Income taxes, or ............ 5 1,509. Taxes You b B General sales taxes (see instructions) _ Paid 6 Real estate taxes (see instructions) ............................ 6 1,753. (See 7 Personal property taxes ...................................... 7 instructions.) 8 Other taxes. List type and amount ? --- 9 --------------------- ------- Add lines 5 through 8 ......................................... ...... .......... ........... 9 3,262. Interest 10, tome mtg interest and points reported to you on Form 1096 ................ 10 6,507. You Paid 11 Home mortgage interest not reported to you on Form 1098. If paid to the person from whom you bought the dome, see instructions and show that person's name, identifying number, and address (See - instructions.) ------- ----------------------- ------------------------------- Note. ------------------------------- __ ___ ___ _ _ it Personal 12 _ ___ __ rte_ PoinLS not repod to you on Form 1058. See instrs fior spd rules .. 12 interest is not 13 Investment interest. Attach Form 4952 if required. deductible. (Seeinstrs.) ................................................... 13 14 Add lines 10 through 13 ....................................... ..... ........... ........... 14 6,507. Gifts to 15 Gifts by cash or check. If you made any gift of $250 or more, Charity see instructions .............................................. 15 If you made 16 Other than by cash or check. If any gift of $250 or and a gift more, see instructions. You must attach Form 8283 if got a benefit over $500 16 for it see ............................................... , instructions. 17 Carryover from prior year ..................................... 17 18 Add lines 15 through 17 ....................................... ..... ........... ........... 18 Casualty and Theft Losses 19 Casual or theft loss es). Attach Form 4684. (See instructions.) .. ................ ........... 19 Job Expenses and Most 20 Unreimbursed employee expenses - job travel, union dues, Other job education, etc. Attach Form 2106 or 2106•FZ if Miscellaneous required. (See instructions.) Deductions "------------- - --- --------------------------- ----------------------------- 20 21 -- Tax preparation fees .......................................... 21 (See 22 Other expenses - investment, safe deposit box, etc. List instructions.) type and amount ? ---------------- ---- ------------------------------- 22 23 Add lines 20 through 22 ....................................... 23 24 Enter amount from Form 1040, line 37 ... 24 Z5 Multiply line 24 by 2% (.02) ................................... 25 26 Subtract line 25 from line 23. If line 25 is more than line 23, enter -0- .. ........... ........... 26 Other 27 Other - from list in the instructions. List type and amount ? Miscellaneous -- '------- ----- Deductions ------------------------------- -------- ----- 27 Total 28 Is Form 1040, line 37, over $142,700 (over $71,350 if li Itamaed Deductions Q No. Your deduction i5 not limited. Add the amounts in the tar right column for lines 4 through 27. Also, enter this amount on Form 1 - 040, line 39. 28 9,769. 1 Yes. Your deduction may he limited. See instructions for the amnrrrd t. ontar F _ _ .... s. =.:.i BAA For Paperwork Reduction Act Notice, see Form 1040 instructions. FD1A0901 11102104 Schedule A (Form 1040) 2004 Fnrm1040!20041 T,TNnA C.F.F. WF.T.T..q 296-66-5790 Paan2 Tax and 37 Amount from line 36 (adjusted gross income) ................................. 37 37 488 Credits. 38a Check r BYou were born before January 2, 1940, 8 Blind. Total boxes if: Spouse was born before January 2, 1940, Blind. checked 38a standard b If your spouse itemizes on a separate return, or you were a dual-status (Deduction alien, see Instructions and check here ..................................... 38b • People who 39 Itemized deductions (fmm Schedule A) er Your standard deduction (see left margin) ................. T 7 6 9 . checked any box 40 Subtract line 39 from line 37 .................................................... 27 719. on line 380 or be 38b or claimed who as can a 41 If line 37 is $107,025 or less multiply $3100 h the total number of exemptions claime on line 6d. If line 37 1s over 107.025, see the worksheet in the instructions ............... 41 3,100. dependent, see instructions 42 Taxable income. Subtract line 41 from line 40 If line 41 is more than line 40, enter -0 . ....................................................... 42 24 619. . 43 Tax (see instrs). Check if arty tax is from: a ? Form(s) 8814 b E] Form 4972 ........................ 43 3,336. e All others: 44 Alternative minimum tax (see instructions). Attach Form 6251 ........................... 44 Single or Married 45 Add lines 43 and 44 ................................................................ 45 3,336. filing separately, 850 $4 46 Foreign tax credit. Attach Form 1116 if required ............. 46 . 47 Credit for child and dependent pre expenses. Attach Form 2441 .......... 47 Married filing t 48 Credit for the elderly or the disabled. Attach Schedule R ..... Y 48 ldying Qua 49 Education credits. Attach Form 8863 ....................... 49 widow(er), 700 $9 50 Retirement savings contributions credit. Attach Form 8880 ... so , 51 Child tax credit (see instructions) .......................... 51 Head of household 52 Adoption credit. Attach form 8839 ......................... 52 , $7,150 53 Credits from: a []Form 83% to Q Form 8859 ................. 53 54 Other credits. Check applicable box(es): a ? Form 380D F ri e FISpecify b Q 54 55 Add lines 46 through 54. These are your total credits ........ ..... ...................... 55 56 Subtract line 55 from line 45. If line 55 is more than line 45, enter -0- .................. ? 56 3,336, 57 Self-employment tax. Attach Schedule SE ...................................................... 57 Other 58 Social security and Medicare tax on tip income not reported to employer. Attach Form 4137 .................. 58 Taxes 59 Additional tax on IRAs, other qualified retirement plans, eta A#xb Form 5329 if required ................... 59 60 Advance earned income credit payments from Form(s) VV-2 ............................. 60 61 Household employment taxes. Attach Schedule H ....................................... 61 62 Add lines 56.61. This is our total tax ...................................................... 1? 62 3,336. Payments 63 Federal income tax withheld from Forms W-2 and 1099 ...... 63 4,417. If you have a 64 2004 estimated tax payments and amount applied from 20M return ........ 64 qualifying 65a Earned income credit (EIC) . . . . . . . . . . ........ . . . . . . . . . . . . 650 child, attach Schedule EIC. b Nontaxable combat pay election ..... ',' 65b 66 Excess social security and tier 1 RRTA tax withheld (see instructions) ....... 66 67 Additional child tax credit. Attach Form 8812 ................ 67 68 Amount paid with request for extension to file (see instructions) .......... 68 69 Other pmts from: a ? Form 2439 b [] Form 4136 c ? Form 8865 69 70 Add lines 63. 64, 65a. and 66 through 69. These are your total paymoft ................................... ...... ................... ? 70 4,417. Refund 71 it line 70 is more than line 62, subtract line 62 from line 70. This is the amount you overpaid ................ 71 1,081. Direct deposit? 72a Amount of line 71 you want refunded to ou ......................................... ? 72a 1,081. See instructions ? bRouting number ........ 031301846 ? c T e: X Checking Savings and fill in 72b, . d Account number ....... 536238736 72c, and 72d. 73 Amount of line 71 you want applied to our 2005 estimated tax ........ 1' 73 Amount 74 Amount you owe. Subtract line 70 from line 62. For defafls ayee instructions ............... w p , s h ' 74 You Owe 75 Estimated tax penalty see instructions) ....... .. 75 7. !7 . ... . Third Party Do you want to allow another person to discuss this return with the IRS (see instructions)? .......... U Yes. Complete the following. WHO Designee Desinee's name Phone . PeTso?na tfi al en . declar Sign bele f, they rue hue, correct, and ccwnp thatl I ban . Decaaralion prreeparer coaster Here Your na, r Joint return? _f see instructions. ? y, 1 111.4 10 lj? Q// Keep a c0 Spo 'S nature. If a joi re ,both must sign I for our records. Paid signature Preparees Fan's name (or yours a Use Only sent-employe Your occupation enIM P1Vmver nos any momeage. Daytime Oxme number Preparefs SSN or Mal rd EIN Phone no. Form 1040 FDIA0112 11103M R JOHN J. WELLS, JR., Plaintiff V. LINDA L. WELLS, Defendant n RECEIVED OCT 0 6 2005..., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001 - 3282 CIVIL IN DIVORCE RULE TO SHOW CAUSE AND NOW, this t day of _Joe 2005, upon consideration of the Motion To Withdraw As Counsel, a rule is issued upon Plaintiff and Defendant to show cause, if any there be, why the relief requested in the Motion should not be granted. Rule returnable ?7_ days from service. 1o,% u U t r?lqk JOHN J. WELLS, JR., Plaintiff V. LINDA L. WELLS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001 - 3282 CIVIL IN DIVORCE MOTION TO WITHDRAW AS COUNSEL 1. Movant is Robert L. O'Brien, Esquire, counsel of record for the Defendant, Linda L. Wells. 2. The client is refusing to communicate with Movant. 3. The client's refusal to communicate precludes Movant from continuing his representation. WHEREFORE, Movant respectfully requests that he be permitted to withdraw as counsel. Respectfully submitted, O'BRIEN, BARIC & SCHERER Robert L. O'Brien, Esquire Attorney for Defendant I.D. # 28351 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 rlo.d it/dom/wel Is/with d raw. mot .4 . a RECEIVED OCT 0 6 Iffi gyp" CERTIFICATE OF SERVICE I hereby certify that on October_S 2005, I, Robert L. O'Brien, Esquire of O'Brien, Baric & Scherer, did serve a copy of the Motion To Withdraw As Counsel, by first class U.S. mail, postage prepaid, to the parties listed below, as follows: Goldberg Katzman Paul J. Esposito, Esquire 320 Market Street PO Box 1268 Harrisburg, PA 17108-1268 Linda L. Wells 1004 Northfield Drive Carlisle, PA 17013 Robert L. O'Brien , Esquire .e c? ? c> r k, NOV 2.2 2005 JOHN J. WELLS, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW LINDA L. WELLS, NO. 2001 - 3282 CIVIL Defendant IN DIVORCE ORDER And now this. day of November, 2005, upon application of Robert L. O'Brien, Esquire to withdraw as counsel, the same is approved and the Prothonotary is directed to remove Robert L. O'Brien, Esquire as counsel of record and to note that the Defendant, Linda L. Wells, appears Pro Se. te -??-" P! i`` Lf_. r _ ?l j ._ Y JOHN J. WELLS, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. LINDA L. WELLS, Defendant CIVIL ACTION - LAW NO. 2001 - 3282 CIVIL IN DIVORCE MOTION TO MAKE RULE ABSOLUTE 1. Movant is Robert L. O'Brien, Esquire. Movant had filed a request to withdraw as counsel. The Rule to Show Cause issued by the court has not been responded to by the Plaintiff or Defendant. 2. Movant requests that the Court issue an Order allowing his withdrawal as counsel in the above captioned action. Respectfully submitted, O'BRIEN, BARIC & SCHERER Robert L. O'Brien, Esquire Attorney for Defendant I.D. # 28351 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 I n ? ? _q Y CERTIFICATE OF SERVICE I hereby certify that on November-, 2005, I, Robert L. O'Brien, Esquire of O'Brien, Baric & Scherer, did serve a copy of the Motion To Make Rule Absolute, by first class U.S. mail, postage prepaid, to the persons listed below, as follows: Goldberg Katzman Paul J. Esposito, Esquire 320 Market Street PO Box 1268 Harrisburg, PA 17108-1268 Linda L. Wells 1004 Northfield Drive Carlisle, PA 17013 Robert L. O'Brien , Esquire h] C? ? (? rn T =\ cn 0 Paul L Esposito, Esquire I.D. #25454 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161; (717) 234-4161 Gaesinsle) Counsel for Plaintiff JOHN J. WELLS, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW LINDA L. WELLS, NO. 01-3282 Civil Term Defendant IN DIVORCE RULE TO SHOW CAUSE AND NOW, this day of , 2003, upon consideration of Plaintiff's Petition for Bifurcation, a Rule is hereby entered upon the Respondent, to show cause why the relief requested should not be granted. RULE RETURNABLE DAYS FROM SERVICE HERE( BY THE COURT: i Date: J. \ 4 r 0!-/S-03 t I Paul I Esposito, Esquire I.D. #25454 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161; (717) 234-4161 (facsimile) JOHN J. WELLS, JR., Plaintiff V. LINDA L. WELLS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-3282 Civil Term IN DIVORCE PETITION FOR BIFURCATION Petitioner, John J. Wells, Jr., by and through his counsel, Goldberg, Katzman & Shipman, P.C., and Paul J. Esposito, Esquire, respectfully requests that this Honorable Court grant his Petition for Bifurcation, and in support thereof avers as follows: Petitioner is John J. Wells, Jr., Plaintiff in the above-captioned divorce action. 2. Respondent is Linda L. Wells, Defendant in the above-captioned divorce action. Petitioner and Respondent were married on March 1, 1978, at Cuyahoga County, Ohio. 4. The parties have one child, Timothy Lee Wells, born January 1, 1978. On May 30, 2001, Petitioner commenced a divorce action by filing a Complaint in Divorce to the above docket number seeking a dissolution of the parties' marriage and the equitable distribution of their marital property. Petitioner also filed an Affidavit Under Section 3301(d) of the Divorce Code alleging, inter alia, that the parties separated on or about June 20, 1996, have continued to live separate and apart for at least two (2) years and the marriage is irretrievably broken. Respondent has not filed a Counter Affidavit challenging Petitioner's allegations regarding the date of separation or the irretrievable breakdown of the parties' marriage. 7. On September 24, 1996, Respondent filed a Complaint against Petitioner seeking spousal support. 8. Pursuant to Respondent's filing, an Order for spousal support was issued by the Court of Common Pleas of Cumberland County on December 13, 1996, which Order was modified by subsequent Order dated July 12, 2001. The latter Order remains in full force and effect. 9. The spousal support Order of July 12, 2001, provides, inter alia, that Petitioner pay to Respondent the sum of $388 per month, plus $100 per month on arrears. 10. The parties file separate tax returns. 11. The parties have their own separate health insurance coverage. 12. The parties have maintained an economic status quo during their separation that Petitioner has no intention of disturbing. 13. Bifurcation would not disturb that economic status quo. 14. Petitioner believes and avers that the advantages of bifurcation of this divorce action are substantially greater than any disadvantages for the following reasons: a. A speedy resolution of the divorce issue would allow the parties to restructure their personal lives; Bifurcation will accelerate the dissolution of the parties' marriage, which has been acknowledged by both parties to be irretrievably broken; C. Bifurcation will further the policy underlying Pennsylvania's Divorce Code in making the legal dissolution of marriage effective for dealing with the reality of matrimonial experience; :: ODMA I PCDOCS I D OCS 1997041 d. Bifurcation of this divorce action will separate the dissolution of the marriage from the distribution of property so that the marriage and each party's personal lives are not held hostage to economic demands; e. Bifurcation of this divorce action will in no way prejudice, diminish or impair Respondent's economic claims under the Divorce Code. WHEREFORE, Petitioner respectfully requests that this Court grant his Petition for Bifurcation, reserving jurisdiction on the economic claims raised by the parties. Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. G?GL,t% G Paul J. eE y I.Ds. i Attorn 25454 Goldberg, Katzman & Shipman 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 (717) 234-6808 (facsimile) Date: JCP tox e 13, X00.3 Attorney for Petitioner ODMAI PCDOCSIDOCS19970411 VERIFICATION I verify that the statements contained in the foregoing PETITION FOR BIFURCATION are true and correct to the best of my knowledge, information and belief. I understand that false statements contained herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities. Date: CZ 2003 CERTIFICATE OF SERVICE On this ? ="t day of September 2003, I certify that the original and one copy of the foregoing was served upon the following counsel of record for Plaintiff by placing the same in the United States mail, first class, postage prepaid, addressed as follows: Ms. Linda L. Wells 1004 Northfield Drive Carlisle, PA 17013 GOLDBERG, KATZMAN & SHIPMAN, P.C. Paul J. po 0 Supreme C urt ID #25454 Attorneys for Defendant ??? ry :.. ?' ? _r?t" ? n-?, -? . _ , - ` t r=i :. 4+ ... r`? .- "; _ _ vr? , cn , 0 NOV + 7 2005 JOHN J. WELLS, JR., Plaintiff V. LINDA L. WELLS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-3282 Civil Term IN DIVORCE RULE TO SHOW CAUSE AND NOW, this ?- day of /L-005, upon consideration of the within Petition, a Rule is hereby entered upon the Respondent, to show cause, if any she has, why the relief requested should not be granted. RULE RETURNABLE t 7 DAYS FROM SERVICE HEREOF. 11 JL& 9- J i All, Paul J. Esposito, Esquire LD.#25454 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P. 0. Box 1268 Harrisburg, PA 17108-1268 (717)234-4161;(717) 2344161 (facsimile) JOHN J. WELLS, JR., Plaintiff V. LINDA L. WELLS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW NO. 01-3282 Civil Term IN DIVORCE PETITION FOR SPECIAL RELIEF AS TO THE SALE OF MARITAL RESIDENCE TO PREVENT FORECLOSURE Petitioner, John J. Wells, Jr., by and through his counsel, Goldberg Katzman, P.C., and Paul J. Esposito, Esquire, respectfully requests that this Honorable Court grant his Petition for Special Relief as to the Sale of Marital Residence to Prevent Foreclosure, and in support thereof avers as follows: Petitioner is John J. Wells, Jr., Plaintiff in the above-captioned divorce action. 2. Respondent is Linda L. Wells, Defendant in the above-captioned divorce action. 3. The parties were married on March 1, 1978; and separated in 1996. 4. On November 30, 1992, the parties acquired a residence at 1004 Northfield Drive, Carlisle, Cumberland County, Pennsylvania. 5. Since separation, Respondent has occupied and had exclusive possession of the former marital residence. :ODMAI PCDOCSIDOCSI71807411 6. A series of Support Orders have been entered between the parties wherein Petitioner has made contributions to the mortgage on the residence as a component of most of those Orders. Respondent, despite being employed full time and earning in excess of $30,000 per year, and the support Petitioner has provided, has failed to make the mortgage payments in a full and timely manner. 8. As a result, the mortgage is in default. 9. On August 11, 2005, a Complaint in Foreclosure was filed in the Court of Common Pleas of Cumberland County, Pennsylvania against the parties. Said Complaint was reinstated on September 9, 2005. 10. According to the aforementioned Complaint, the mortgage is in default because monthly payments of principal and interest due March 1, 2005 and each month thereafter, are due and unpaid. 11. The Divorce Master has been appointed in this case, however, Petitioner does not believe that a final order of equitable distribution will be entered so as to avoid foreclosure and Sheriff Sale of the residence. 12. The residence is a significant marital asset of the parties and, in order to protect the marital estate, the residence must be sold before foreclosure occurs. 13. The marital residence should be listed for sale immediately with the parties being directed to extend their full and immediate cooperation to accomplish the sale as promptly as possible. :: ODMA I PCDOCSI DOCSI72801411 14. The net proceeds of the sale should be placed in escrow pending the final equitable distribution of the parties' marital assets. 15. There are various items of personal property located in the marital residence which Plaintiff wishes to recover without prejudice to the claims of either party in the final equitable distribution of their marital assets. 16. This Court is authorized to grant the relief sought herein by virtue of 23 P.S. §§3323(f) and 3502(f) of the Divorce Code, as amended. 17. Section 3502(f), which was made effective January 28, 2005, specifically authorizes the Court to enter an order providing for an interim partial distribution of marital property at any stage of the proceedings. WHEREFORE, Petitioner respectfully requests that this Honorable Court enter an order granting the relief sought herein, specifically directing that the marital residence of the parties be immediately listed for sale in order to avoid the imminent foreclosure and loss of this significant marital asset. Respectfully submitted, GOLDBERG KATZMAN, P.C. Paul J. po ' o Attorney I.D. #25454 Goldberg, Katzman & Shipman 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 (717) 234-6808 (facsimile) Date: ?• Sad U 5 Attorney for Petitioner ::0DMAWCD0CSID0CSV28014V 4 VERIFICATION I verify that the statements contained in the foregoing PETITION FOR SPECIAL RELIEF AS TO THE SALE OF MARITAL RESIDENCE TO PREVENT FORECLOSURE are true and correct to the best of my knowledge, information and belief. I understand that false statements contained herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities. Date: 111o6'2005 JO J. S, JR. CERTIFICATE OF SERVICE On this 151'9 day of November, 2005, I certify that a copy of the foregoing was served upon the following parry of record by delivering same in the manner indicated, addressed as follows: VL4 FIRST CLASS MAIL Ms. Linda L. Wells 1004 Northfield Drive Carlisle, PA 17013 Defendant Robert L. O'Brien, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, PA 17013 Counselfor Defendant GOLDBERG KATZMAN, P.C. 9t A Paul J. sp ito Supreme C urt ID #25454 Attorneys for Defendant (,) ns - c'-a - O _ ?., -n - c:'i ?"? •«` i'ri '0,-1 .'` Cl 'r7 :?? r -? ` t i 2?? --? r- C± ''7 _ e? •? ?y?? ???????? ,? DEC 16 2005 JOHN J V. JR., Plaintiff LINDA L. WELLS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-3282 Civil Term IN DIVORCE ORDER AND NOW, this -?? day of 2005, upon consideration of the within Motion, the Rule issued on November 22, 2005, is hereby made Absolute. It is further ORDERED that the real estate known as 1004 Northfield Drive, Carlisle, Cumberland County, Pennsylvania shall be immediately listed for sale and the parties are directed to extend their full cooperation in order to achieve a prompt sale BY TI-IF' COURT: BA J. ? tom` C ?:F} LL. L 1 F. L'1 =77 fl "?l Paul J. Esposito, Esquire I.D. #25454 GOLDBERG KATZMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 171084268 (717)234-4161;(717)234-4161 (facsimile) JOHN J. WELLS, JR., Plaintiff V. LINDA L. WELLS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-3282 Civil Tenn IN DIVORCE PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE AND NOW, comes the Plaintiff, John J. Wells, Jr., by his attorneys, Paul J. Esposito, Esquire, and Goldberg Katzman, P.C., and states the following: By Order of the Honorable, Edgar B. Bayley, dated November 22, 2005, a Rule to Show Cause was issued directing Defendant to show cause why Plaintiff s Petition for Special Relief as to the Sale of Marital Residence to Prevent Foreclosure should not be granted. A copy of said Petition is attached hereto, made a part hereof and marked Exhibit "A." 2. Said Rule was made returnable fifteen (15) days from the date of service. A copy of said Rule is attached hereto, made a part hereof and marked Exhibit "B." The Petition and Rule were sent to Defendant by the Prothonotary's office on or about November 22, 2005. 4. Defendant has not filed any response to the Rule to Show Cause. Since the issuance of the Rule to Show Cause, Plaintiff has received notice that judgment has been entered against the property as a part of the foreclosure action. WHEREFORE, Plaintiff requests that this Honorable Court enter an Order making the Rule issued on November 22, 2005, absolute and granting the relief sought in the Petition for Special Relief. GOLDBERG -ATZMAN, P.C. 46CM4(Z - Paul J sp ito Attorney I.D. #25454 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 99 (717) 234-4161 Date: I 3 1300-5- Attorney for Plaintiff :: ODMAI PCDOCYDOCY 12801212 Paul J. Esposito, Esquire I.D.#25454 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 2344161; (717) 2344161 (facsimile) JOHN J. WELLS, JR., Plaintiff V. LINDA L. WELLS, Defendant IN THE COURT OF COMMON CUMBERLAND COUNTY, PEI CIVIL ACTION - LAW NO. 01-3282 Civil Term IN DIVORCE (7 n? ci+ OO p n Yf JAW PETITION FOR SPECIAL RELIEF AS TO THE SALE OF MARITAL RESIDENCE TO PREVENT FORECLOSURE Petitioner, John J. Wells, Jr., by and through his counsel, Goldberg Katzman, P.C., and Paul J. Esposito, Esquire, respectfully requests that this Honorable Court grant his Petition for Special Relief as to the Sale of Marital Residence to Prevent Foreclosure, and in support thereof avers as follows: 1. Petitioner is John J. Wells, Jr., Plaintiff in the above-captioned divorce action. 2. Respondent is Linda L. Wells, Defendant in the above-captioned divorce action. 3. The parties were married on March 1, 1978; and separated in 1996. 4. On November 30, 1992, the parties acquired a residence at 1004 Northfield Drive, Carlisle, Cumberland County, Pennsylvania. 5. Since separation, Respondent has occupied and had exclusive possession of the former marital residence. ::ODMAI PCDOCSIUOCSV 2801411 2 6. A series of Support Orders have been entered between the parties wherein Petitioner has made contributions to the mortgage on the residence as a component of most of those Orders. 7. Respondent, despite being employed full time and earning in excess of $30,000 per year, and the support Petitioner has provided, has failed to make the mortgage payments in a full and timely manner. As a result, the mortgage is in default. On August 11, 2005, a Complaint in Foreclosure was filed in the Court of Common Pleas of Cumberland County, Pennsylvania against the parties. Said Complaint was reinstated on September 9, 2005. 10. According to the aforementioned Complaint, the mortgage is in default because monthly payments of principal and interest due March 1, 2005 and each month thereafter, are due and unpaid. 11. The Divorce Master has been appointed in this case, however, Petitioner does not believe that a final order of equitable distribution will be entered. so as to avoid foreclosure and Sheriff Sale of the residence. 12. The residence is a significant marital asset of the parties and, in order to protect the marital estate, the residence must be sold before foreclosure occurs. 13. The marital residence should be listed for sale immediately with the parties being directed to extend their full and immediate cooperation to accomplish the sale as promptly as possible. :: ODhWPCDOCStDOCSV 8801411 14. The net proceeds of the sale should be placed in escrow pending the final equitable distribution of the parties' marital assets. 15. There are various items of personal property located in the marital residence which Plaintiff wishes to recover without prejudice to the claims of either parry in the final equitable distribution of their marital assets. 16. This Court is authorized to grant the relief sought herein by virtue of 23 P.S. §§3323(f) and 3502(f) of the Divorce Code, as amended. 17. Section 3502(f), which was made effective January 28, 2005, specifically authorizes the Court to enter an order providing for an interim partial distribution of marital property at any stage of the proceedings. WHEREFORE, Petitioner respectfully requests that this Honorable Court enter an order granting the relief sought herein, specifically directing that the marital residence of the parties be immediately listed for sale in order to avoid the imminent foreclosure and loss of this significant marital asset. Respectfully submitted, GOLDBERG KATZMAN, P.C. 411144Y Paul J. F/po Attorney I.D. #25454 Goldberg, Katzman & Shipman 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 (717) 234-6808 (facsimile) Date: SU Attorney for Petitioner ::0DMATCD0CS00CSI128014U 4 VERIFICATION I verify that the statements contained in the foregoing PETITION FOR SPECIAL RELIEF AS TO THE SALE OF MARITAL RESIDENCE TO PREVENT FORECLOSURE are true and correct to the best of my knowledge, information and belief. I understand that false statements contained herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. Date: l1 ?Q(o 2005 L JOE J. S, JR. t CERTIFICATE OF SERVICE On this 15 14 day of November, 2005, I certify that a copy of the foregoing was served upon the following parry of record by delivering same in the manner indicated, addressed as follows: VLI FIRST CLASS MAIL Ms. Linda L. Wells 1004 Northfield Drive Carlisle, PA 17013 Defendant Robert L. O'Brien, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, PA 17013 Counsel for Defendant GOLDBERG KATZMAN, P.C. aV4 Paul 1. sp rto Supreme Curt ID #25454 Attorneys for Defendant 0 q 7 2005 JOHN J. WELLS, JR., Plaintiff V. LINDA L. WELLS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-3282 Civil Term IN DIVORCE RULE TO SHOW CAUSE AND NOW, this day of l& 1i1L(ihn 12005, upon consideration of the within Petition, a Rule is hereby entered upon the Respondent, to show cause, if any she has, why the relief requested should not be granted. RULE RETURNABLE hs-? DAYS FROM SERVICE HEREOF. BY THE COURT: ?St tvt_. J. Bad FRom '. I here U ac2ei-:- CERTIFICATE OF SERVICE On this (3 ? day of December, 2005, I certify that a copy of the foregoing was served upon the following parry of record by delivering same in the manner indicated, addressed as follows: VL4 FIRST CLASS MAIL Ms. Linda L. Wells 1004 Northfield Drive Carlisle, PA 17013 Defendant GOLDBERG KATZMAN, P.C. 90//? Paul J. lA pos' Supreme Court ID 425454 Attorneys for Plaintiff - i-T c. a c_z Paul J. Esposito, Esquire LD.#25454 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17105-1268 (717) 234-4161; (717) 234-4161 (facsimile) JOHN J. WELLS, JR., Plaintiff V. LINDA L. WELLS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-3282 Civil Tenn IN DIVORCE SOCIAL SECURITY INFORMATION SHEET Plaintiff's Name Plaintiffs Social Security Number Defendant's Name Plaintiff's Social Security Number Years Married JOHN J. WELLS. JR. 272-64-6314 LINDA L. WELLS 296-66-5790 <5; 5-9; 10-14; 15-19; 20-24; XX 25-30; 30+ L ' JOHN J. WELLS, JR., Plaintiff V. LINDA L. WELLS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001 - 3282 CIVIL IN DIVORCE PETITION FOR ALIMONY PENDENTE LITE, ATTORNEY'S FEES AND AWARD OF ALIMONY SUBSEQUENT TO THE DIVORCE ACTION 1. Petitioner is Linda L. Wells, the Defendant in the above-captioned divorce action. 2. Respondent is John J. Wells, Jr., the Plaintiff in the above-captioned divorce action. 3. Respondent filed the divorce action on or about May 30, 2001. 4. This divorce matter has been referred to the Cumberland County Divorce Master for disposition. 5. Petitioner requests that her claims for alimony pendente lite, permanent alimony and attorney's fees be considered by the court in conjunction with the granting of the divorce action. WHEREFORE, Petitioner respectfully requests that claims in reference to alimony, alimony pendente lite and attorney's fees be considered in conjunction with the granting of divorce in this action. Respectfully submitted, O'BRIEN, BARIC & SCHERER By: -_Za0_(2_) &kkv? Robert L. O'Brien, Esquire Attorney for Petitioner I.D. # 28351 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 JOHN J. WELLS, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW LINDA L. WELLS, NO. 2001 - 3282 CIVIL Defendant IN DIVORCE VERIFICATION I verify that the statements made in the foregoing Petition For Alimony Pendente Lite, Attorney's Fees and Award of Alimony Subsequent To The Divorce Action 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. March -A-, 2005 Gi Linda L. ells R ' t JOHN J. WELLS, JR., Plaintiff V. LINDA L. WELLS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001 - 3282 CIVIL IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that on March _II , 2005, I, Robert L. O'Brien, Esquire of O'Brien, Baric & Scherer, did serve a copy of the Petition For Alimony Pendente Lite, Attorney's Fees And Award Of Alimony Subsequent To The Divorce Action, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Paul J. Esposito, Esquire 320 Market Street Strawberry Square P.O. Box 1268 Harrisburg, Pennsylvania 17108 - 1268 Robert L. O'Brien, Esquire 1 MMQJ ` 0 y: (n cry +:n 7 LIJ 1n ? z 1 ?XL- °?} r1 `i JOHN J. WELLS, JR., Plaintiff/Respondent VS. LINDA L. WELLS, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 01-3282 CIVIL TERM IN DIVORCE PACSES # 069108131 ORDER OF COURT AND NOW, this 23rd day of March, 2006, based upon the Court's determination that Petitioner's monthly net income/earning capacity is $0.00 and Respondent's monthly net income/earning capacity is $0.00, it is hereby Ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit, $657.00 per month payable as follows: $657.00 for alimony pendente lite and $0.00 on arrears. First payment due next pay date. Arrears set at $657.00 as of March 23, 2006. The effective date of the order is March 16, 2006. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa.C.S.§ 3703. Further, if the Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and its discretion make an appropriate Order, including, but not limited to, commitment of the Respondent to prison for a period not to exceed six months. Said money to be turned over by the PA SCDU to: Linda L. Wells. Payments must be made by check or money order. All checks and money orders must be made payable to PA SCDU and mailed to: PA SCDU P.O. Box 69110 Harrisburg, PA 17106-9110 Payments must include the Respondent's PACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. cc360 Unreimbursed medical expenses that exceed $250.00 annually are to be paid as follows 0% by Respondent and 100% by Petitioner. The Petitioner is responsible to pay the first $250.00 annually in unreimbursed medical expenses. Petitioner is to provide medical insurance coverage. Within thirty (30) days after the entry of this Order, the Respondent shall submit to Petitioner written proof that medical insurance coverage has been obtained or that application for coverage has been made. Proof of coverage shall consist, at minimum, o£ 1) the name of the health care coverage provider(s); 2) any applicable identification numbers; 3) any cards evidencing coverage; 4) the address to which claims should be made; 5) a description of any restrictions on usage, such as prior approval for hospital admissions, and the manner of obtaining approval; 6) a copy of the benefit booklet or coverage contract; 7) a description of all deductibles and co-payments; and 8) five copies of any claim forms. This order is based upon the parties' agreement and the Divorce Order of March 16, 2006. Petitioner will maintain her own medical insurance. This Order shall become final ten days after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Prothonotary for a hearing de novo before the Court. Consented: Petitioner Petitioner's Attorney Respondent Respondent's Attorney DRO: R. I %hadday BY THE COURT, Mailed copies on: Petitioner March 23, 2006 Respondent Robert L. O'Brien, Esq. Paul Esposito, Esq. r Edgar B. Bayley, J. o N3 -em ,- C .q• r t? k6 ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Date of order/Notice 03/23/06 Case Number (See Addendum for case summary) 069108131 01-3282 CIVIL 771000028 1056 S 96 O Original Order/Notice O Amended Order/Notice O Terminate Order/Notice Employer/Withholder's Federal EIN Number DEFENSE FINANCE & ACCOUNTING CLEVELAND CENTER CODE L PO BOX 998002 CLEVELAND OH 44199-8002 272-64-6314 Employee/Obligor's Social Security Number 6160000025 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER 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. $ 657.00 per month in current support $ 100.00 per month in past-due support Arrears 12 weeks or greater? (Dyes Q 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 $ 757.00 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: $ 174.69 per weekly pay period. $ 349.38 per biweekly pay period (every two weeks). $ 378. s0 per semimonthly pay period (twice a month). $ 757.00 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, PAYMENTS 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 iRT: Date of Order: MAR 2 4 2006 ? ,r ? Gvl Edgar B. Bayley, Judge DRO: R.J. Shadday Form EN-028 Service Type m OMB No: 0970-0154 Worker I D $OINC RE: WELLS, JOHN J. Employee/Obligor's Name (Last, First, MI) ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? Ifeh ecV you are required to provide a opy of this form to your employee. If your employee works in a state that is diff box is not checked. rent from the state that issued this or?er, a copy must be provided to your employee even if the 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 employeelobligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* You must comply with the law of the paydate/date oUvvithhotding is tire date on ??Z*li ??u vZwithhelcl lion, the employee's "ag 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: 5483100093 EMPLOYEE'S/OBLIGOR'S NAME: WELLS, JOHN J. EMPLOYEE'S CASE IDENTIFIER: 6160000025 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 employeelobligor'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. Antidiscrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.C. §1673 (b)1; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local 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 Service Type M 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 OMB No, 0970-0154 Form EN-028 Worker ID $OINC ADDENDUM Summary of Cases on Attachment Defendant/Obligor: WELLS, JOHN J. PACSES Case Number 069108131 Plaintiff Name LINDA L. WELLS Docket Attachment Amount 01-3282 CIVIL$ 657.00 Child(ren)'s Name(s): DOB PACSES Case Number 771000028 Plaintiff Name LINDA L. WELLS - Docket Attachment Amount 1056 S 96 $ 100.00 Child(ren)'s Name(s): DOB ? 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. ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. ? 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. f '' C C...1 66 I_ nc-asmr svz ,n:z zrrmq:.srm?«w?wu?reai:?..n. ... JOHN J. WELLS, JR. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Vs. NO. 01 - 3282 CIVIL LINDA L. WELLS, Defendant IN DIVORCE ORDER OF COURT AND NOW, this ?a day of 2006, the parties having previously been divorced by decree entered March 16, 2006, and the parties and counsel having entered into an agreement and stipulation resolving the economic issues on April 11, 2006, the date set for a Master's hearing, the agreement and stipulation having been transcribed and subsequently signed by the parties and counsel, the appointment of the Master is vacated. BY T RT, Edgar B. Bayley, P.J. cc: aul J. Esposito Attorney for Plaintiff ,Zinda L. Wells Defendant 1-1 \r ?p CA\ , U A JOHN J. WELLS, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 01 - 3282 CIVIL LINDA L. WELLS, Defendant IN DIVORCE THE MASTER Today is Tuesday, April 11, 2006. This is the date set for a hearing in the above-captioned divorce proceedings. We previously had a conference on December 20, 2005, with the Plaintiff's attorney and the Defendant present. A memo was placed on the record at that time. Present today are the Plaintiff, John J. Wells, Jr., and his counsel Paul J. Esposito, and the Defendant, Linda L. Wells, who is not represented by counsel. A decree in divorce was entered by Judge Bayley on March 16, 2006. The decree specifically preserved for further consideration the claims of equitable distribution, alimony, alimony pendente lite, and counsel fees. The spousal support order entered in the Cumberland County Domestic Relation's Office was converted to an alimony pendente lite order. The Master has been advised that after considerable discussion, the parties have reached an agreement with respect to the outstanding economic issues. 1 WWI I I,,! o" I 'Row The agreement is going to be placed on the record in the presence of the parties. Mr. Esposito is going to outline the agreement and the agreement will be transcribed. The agreement as stated on the record will be considered the substantive agreement of the parties not subject to any changes or modifications except for correction of typographical errors which may be made during the transcription. The parties and counsel for husband are going to return later this morning to review the draft, make any corrections of typographical errors as necessary, and then affirm the agreement by affixing their signatures. It is specifically understood that the agreement will be binding on the parties when the parties leave the hearing room whether or not it is signed later today. Upon receipt by the Master of the completed agreement, the Master will prepare an order vacating his appointment. The vacation of the Master's appointment and the completion of the agreement will resolve all outstanding issues in this case pending before the Court. It is specifically noted, however, that there are certain terms of the agreement which are going to be prospective in nature and will have to be carried out following today's date. The parties are bound to complete the terms of the agreement that are to be carried out in accordance with the agreement following the statement of the 2 agreement on the record in accordance with the time frame set in the agreement. Mr. Esposito. MR. ESPOSITO: 1. The marital real estate located at 1004 Northfield Drive, Carlisle, Pennsylvania, is presently under contract for sale with closing scheduled for May 26, 2006. The parties agree that the property shall be sold pursuant to the aforementioned contract. The net proceeds shall be divided equally; however, Plaintiff shall be reimbursed from Defendant's share of the proceeds the sum of $5,228.19 and one-half of the marital portion of the Defendant's 401(k) account and retirement less the arrears owed on the alimony pendente lite order as of May 26, 2006. The parties acknowledge that the marital portion of Defendant's 401(k) account and retirement will be increased by an interest factor post-separation compounded annually but not to include any post-separation contributions. Defendant shall promptly provide the information regarding the return on the investment for the 401(k) account and current information regarding her pension in order to have the actuary calculate the marital portion so the aforementioned offset can be made. Defendant shall provide this information so that the calculations can be performed prior to May 26, 2006, and all adjustments to wife's portion of the proceeds from the sale of the house will be made at the time of settlement of the house so that each party will receive the appropriate net proceeds in accordance with the computations set forth in this agreement. 2. Defendant shall receive one-half of the marital portion of Plaintiff's disposable retired pay. 3. Defendant shall pay the premium for the survivor benefit component of Plaintiff's military retirement. Defendant shall be entitled to any cost of living increases to the pension following today's date. 4. The parties shall retain as their sole and separate property any other assets in their respective possession with the exception that Plaintiff or his designee shall on May 26, 2006, retrieve any of Plaintiff's personal property still at the marital residence. 5. Effective May 26, 2006, Plaintiff shall pay to Defendant as indefinite alimony the sum of $200.00 per 3 month. The amount of alimony shall not be subject to modification by way of increase or decrease. In any event, Plaintiff's obligation to pay alimony to Defendant shall terminate upon the first to occur of any of the following: the death of either party, Defendant's co-habitation with an unrelated male, or Defendant's remarriage. Defendant shall have the duty to inform Plaintiff or his attorney when she has either remarried or commenced co-habitation. The alimony pendente lite order presently in effect shall terminate May 26, 2006. Payments following thereafter shall continue to be paid through the Cumberland County Domestic Relations office by way of attachment of Plaintiff's military retirement pay. 6. The fees of the actuary incurred for the calculation of the marital portion of Defendant's 401(k) and retirement and the preparation of any orders distributing Plaintiff's military retirement shall be paid equally by the parties from the proceeds from the marital residence. 7. The parties hereby waive and relinquish any claims either may have against the other arising out of their marriage or otherwise except any action which may be necessary to enforce the terms of this agreement. 8. Any claims raised in these proceedings for counsel fees are withdrawn and waived. THE MASTER: Mrs. Wells, have you heard the statement of the agreement on the record? MS. WELLS: Yes, I have. THE MASTER: Do you understand it? MS. WELLS: Yes, I do. THE MASTER: And are you in agreement to accept those terms as a final resolution of all the economic claims in the divorce proceedings? MS. WELLS: I am. MR. ESPOSITO: Mr. Wells, have you heard me 4 r recite the terms of the agreement? MR. WELLS: Yes. MR. ESPOSITO: Have you heard the additions or modifications that were made by Mr. Elicker? MR. WELLS: Yes. MR. ESPOSITO: Do you understand everything that you heard? MR. WELLS: Yes. MR. ESPOSITO: Is it your intention to agree to all of the terms as recited? MR. WELLS: Yes. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: DATE: ff 5 1116, ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 05/26/06 Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number DEFENSE FINANCE & ACCOUNTING CLEVELAND CENTER CODE L PO BOX 998002 CLEVELAND OH 44199-8002 069108131 0 Original Order/Notice 01-3282 CIVIL Q Amended Order/Notice O Terminate Order/Notice 771000028 1056 S 96 RE: WELLS, JOHN J. Employee/Obligor's Name (Last, First, MI) 272-64-6314 Employee/Obligor's Social Security Number 6160000025 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER 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. $ Zoo. oo per month in current support $ 100.00 per month in past-due support Arrears 12 weeks or greater? ®yes Q 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 $ 300.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 69.23 per weekly pay period. $ 138.46 per biweekly pay period (every two weeks). $ 150.00 per semimonthly pay period (twice a month). $ 300.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the 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 i 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, PAYMENTS 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 gURT Date of Order: MAV -j() ?()06 C* Edgar B. Bayley, Jud DRO: R.J. Shadday Form EN-028 Service Type m OMB No, 0970-0154 Worker ID $IATT ;_. ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? If hecke? you are required to provide a opy of this form to your em loyee. If your employee orks in a state that is di fferent from the state that issued this order, a copy must be providecpto your employee even if t? e 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 to each employee/obligor. 3fi rtmm. iiie 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 employeelobligor 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: 5483100053 EMPLOYEE'S/OBLIGOR'S NAME: WELLS, JOHN J. EMPLOYEE'S CASE IDENTIFIER: 6160000025 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 employeelobligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of. 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.C. §1673 (b)1; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local 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 underthe law of the state that issued the order. 10. Additional Info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Submitted By: If you or your employee/obligor have any questions, DOMESTIC RELATIONS SECTION contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST by telephone at (717) 240-6225 or P.O. BOX 320 by FAX at (717) 240-6248 or CARLISLE PA 17013 by internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Service Type M OMB No.: 09760154 Worker ID $TA.TT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: WELLS, JOHN J. PACSES Case Number 069108131 Plaintiff Name LINDA L. WELLS Docket Attachment Amount 01-3282 CIVIL$ 200.00 Child(ren)'s Name(s): DOB PACKS Case Number 771000028 Plaintiff Name LINDA L. WELLS Docket Attachment Amount 1056 S 96 $ 100.00 Child(ren)'s Name(s): DOB ?lf checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. ? 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. .................................... ? 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. ? 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 5erviceType M Worker ID $IATT OMB No.: 0970-0154 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION JOHN J. WELLS ) Docket Number 01-3282 CIVIL Plaintiff /Respondent ) vs. ) PACSES Case Number 069108131 LINDA L. WELLS ) Defendant /Petitioner ) Other State ID Number ORDER AND NOW, to wit, on this 17TH DAY OF MAY, 2006 IT IS HEREBY ORDERED that the APL . order in this case be Q Vacated or 0Suspended or ® Terminated without prejudice or Q Terminated and Vacated, effective MAY 26, 2006 , due to: THE PARTIES' SETTLEMENT AGREEMENT AS ENTERED BEFORE THE DIVORCE MASTER ON APRIL 11, 2006 AND THAT AN ALIMONY AWARD WILL COMMENCE ON MAY 26, 2006. THE REMAINING BALANCE ON THE ALIMONY PENDENTE LITE ACCOUNT WILL BE SATISFIED AT THE CLOSING ON THE SALE OF THE PARTIES' FORMER MARITAL RESIDENCE. BY T T; 1 Edgar B. Bayley, JUDGE DRO: R.J. Shadday Form OE-504 Service Type M Worker ID 21005 ? ? c5 z m o0 05/25/2006 14:24 FAH 717 234 6808 GOLDBERG KATZMAN 12 003/003 1110-25.08 12:03 FROM-Cumberland County Domestic Relations +17172408248 T-829 11.008/006 F-963 No. Of- 3252. C1'?? l CUymy d AND COUNTY DOMMSTIC RELATIONS Date of Application: M=?N--L'--? uoG Request foe Support Record Search Name: J?ti0 J Address: 79WY eo Social Security Number: Domestic Relations Case Pasty Requestng Informs .;? ; y- y-10 (f epbow Number) e?39-wy (Fax Number) A Twenty Dollar ($10,00) Fee is Due per Social Security Number Make check or money order payable to: DRSMien Search _ INITIAL REQUEST Has no Xteeord in Domestic Relations as of Support Arrears as of End of Mouth Prior to Date of Application: $ - Gf 3 0 Monthly Total Support Obligation: $ ---- The Amount shown above is reflected in the Domestic Relations Section Office of Cumberland County, Pennsylvania- M rA b tr lt--b i too C)000-,2,5- Domestic Relations Case Number: PC1 C 5 ¢S 0 to 910 81 3 I Signed: ?2 a Pt. ii-A, S`dS1Olo cum search eoomdmazm9 (Dete) BRING-]DOWN REQUEST Support Arrears: $ Signed: (Yaen Coordtaatos) As Of Off) (Dale) *** Lien SatisSsfaction Receipt Available Upon Requese** CC720 C-j ^v f,. = ' j C i = ro Jj : r? It ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania 069108131 Co./City/Dist. of CUMBERLAND 01-3282 CIVIL Date of Order/Notice 06/07/06 Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number DEFENSE FINANCE & ACCOUNTING CLEVELAND CENTER CODE L PO BOX 998002 CLEVELAND OH 44199-8002 272-64-6314 Employee/Obligor's Social Security Number 6160000025 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER 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. $ 200 .00 per month in current support $ o. 00 per month in past-due support Arrears 12 weeks or greater? Dyes ® 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 $ 200.00 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: $ 46.15 per weekly pay period. $ 92.31 per biweekly pay period (every two weeks). $ loo. o0 per semimonthly pay period (twice a month). $ 200. o0 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, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employeel0bligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. /--?.? BY THE OL,1RT: [ // / Date of Order: TUN 08 2006 DRO. R.J. Sbadday Service Type M OMB No, 0970-0154 O Original Order/Notice O Amended Order/Notice O Terminate Order/Notice RE: WELLS, JOHN J. Employee/Obligor's Name (Last, First, MI) Form EN-028 Worker ID $IATT • ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? If hecked you are required to provide a opy of this form to your,Qmployee. If yottr employee works in a state that is diferent from the state that issued this or ?er, 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 to each employee/obligor. 3.* Repo, th mg t You must comply with the law of the ate of vvi liholding, is ti e date u, , which aniouirt was withheld ho n the e ... ployee's wages. 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: 5483100093 EMPLOYEE'S/OBLIGOR'S NAME: WELLS, JOHN J. EMPLOYEE'S CASE IDENTIFIER: 6160000025 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 01; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. Fortribal orders, you may not withhold more than the amounts allowed under the law of the issuing tribe. For tribal employers who receive a state order, you may not withhold more than the amounts allowed under the law of the state that issued the order. 10. Additional Info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Submitted By: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 Service Type M 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 OMB No.: 0970-0154 Form EN-028 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: WELLS, JOHN J. PACSES Case Number 069108131 Plaintiff Name LINDA L. WELLS Docket Attachment Amount 01-3282 CIVIL$ 200.00 Child(ren)'s Name(s): DOB ? 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. ? 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. ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 ? 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. r. n.a i 71' C y " 727 ; 1 _ Cr? . i 7 ff) lit x 0216 5,Z? lorl5 e) LIEN SATISFACTION Name: John Wells Member Number: 6160000025 Judgment Lien Satisfied as of: June 5, 2006 Amount Paid: $ $355.30 Signed: 6, & -I. &r,, (Lien Coordinator) Pacses# 069108131 No. 01-3282 CV DR# JUN 2 3 20011 (Date) CC722 JOHN J. WELLS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW LINDA L. WELLS, : NO: 01-3282 Defendant : IN DIVORCE PETITION TO ENFORCE MARTIAL SETTLEMENT AGREEMENT AND NOW, comes Linda Wells, Petitioner by and through her counsel, Karl E. Rominger, and in support of her Petition to Docket Divorce Decree and Marital Settlement Agreement avers as follows: 1. Your petitioner and respondent obtained a Divorce Decree from Cumberland County on March 16, 2006, entered at this docket. 2. A Marital Settlement Agreement was entered into on April 11, 2006 in Cumberland County, Pennsylvania, in the presence of the Divorce Master. (Exhibit A) 3. The Marital Settlement Agreement was signed by both parties and the husband's attorney. 4. The Honorable Judge Bayley entered the decree in this matter. 5. Opposing Counsel is believed to be opposed to this relief, insomuch as counsel has repeatedly failed to secure wife's payments. 6. At the time of the signing of the Marital Settlement Agreement, Husband agreed to provide one half of the marital portion of his disposable retirement pay, plus costs of living increases, to wife, as well as to secure a survivor benefit in said retirement at her expense. 7. Wife has cooperated fully in attempting to secure the same, but neither respondent nor his counsel have provided any monies, nor secured any such benefit to wife as agreed. 8. Wife is owed one half of husbands disposable retirement pay from April 11, 2006 until present, in an unknown, unliquidated amount to be determined at hearing. 9. Time is of the essence, as Husband's untimely death would deprive wife of the survivor benefit. 10. Wife is incurring Counsel fees to enforce this agreement in an amount to be determined at hearing, and prays the same be awarded to her under the equitable powers of the Divorce Court. WHEREFORE, your petitioner respectfully requests that this Honorable Court schedule a hearing to enforce the Marital Settlement Agreement and award petitioner attorney fees and grant any other relief this Court deems appropriate and order Respondent to execute the necessary documents to effectuate the Marital Settlement Agreement, and pay all past amounts owed. Date: c Respectfully submitted, ROMINGER & ASSOCIATES E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Defendant VERIFICATION I verify that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unsworn falsification to authorities. Date: 6 Q )&,) 200 / Lin L. Wells JOHN J. WELLS, JR., Plaintiff VS. LINDA L. WELLS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01 - 3282 CIVIL IN DIVORCE THE MASTER: Today is Tuesday, April 11, 2006. This is the date set for a hearing in the above-captioned divorce proceedings. We previously had a conference on December 20, 2005, with the Plaintiff's attorney and the Defendant present. A memo was placed on the record at that time. Present today are the Plaintiff, John J. Wells, Jr., and his counsel Paul J. Esposito, and the Defendant, Linda L. Wells, who is not represented by counsel. A decree in divorce was entered by Judge Bayley on March 16, 2006. The decree specifically preserved for further consideration the claims of equitable distribution, alimony, alimony pendente lite, and counsel fees. The spousal support order entered in the Cumberland County Domestic Relation's Office was converted to an alimony pendente lite order. The Master has been advised that after considerable discussion, the parties have reached an agreement with respect to the outstanding economic issues. 1 The agreement is going to be placed on the record in the presence of the parties. Mr. Esposito is going to outline the agreement and the agreement will be transcribed. The agreement as stated on the record will be considered the substantive agreement of the parties not subject to any changes or modifications except for correction of typographical errors which may be made during the transcription. The parties and counsel for husband are going to return later this morning to review the draft, make any corrections of typographical errors as necessary, and then affirm the agreement by affixing their signatures. It is specifically understood that the agreement will be binding on the parties when the parties leave the hearing room whether or not it is signed later today. Upon receipt by the Master of the completed agreement, the Master will prepare an order vacating his appointment. The vacation of the Master's appointment and the completion of the agreement will resolve all outstanding issues in this case pending before the Court. It is specifically noted, however, that there are certain terms of the agreement which are going to be prospective in nature and will have to be carried out following today's date. The parties are bound to complete the terms of the agreement that are to be carried out in accordance with the agreement following the statement of the 2 agreement on the record in accordance with the time frame set in the agreement. Mr. Esposito. MR. ESPOSITO: 1. The marital real estate located at 1004 Northfield Drive, Carlisle, Pennsylvania, is presently under contract for sale with closing scheduled for May 26, 2006. The parties agree that the property shall be sold pursuant to the aforementioned contract. The net proceeds shall be divided equally; however, Plaintiff shall be reimbursed from Defendant's share of the proceeds the sum of $5,228.19 and one-half of the marital portion of the Defendant's 401(k) account and retirement less the arrears owed on the alimony pendente lite order as of May 26, 2006. The parties acknowledge that the marital portion of Defendant's 401(k) account and retirement will be increased by an interest factor post-separation compounded annually but not to include any post-separation contributions. Defendant shall promptly provide the information regarding the return on the investment for the 401(k) account and current information regarding her pension in order to have the actuary calculate the marital portion so the aforementioned offset can be made. Defendant shall provide this information so that the calculations can be performed prior to May 26, 2006, and all adjustments to wife's portion of the proceeds from the sale of the house will be made at the time of settlement of the house so that each party will receive the appropriate net proceeds in accordance with the computations set forth in this agreement. 2. Defendant shall receive one-half of the marital portion of Plaintiff's disposable retired pay. 3. Defendant shall pay the premium for the survivor benefit component of Plaintiff's military retirement. Defendant shall be entitled to any cost of living increases to the pension following today's date. 4. The parties shall retain as their sole and separate property any other assets in their respective possession with the exception that Plaintiff or his designee shall on May 26, 2006, retrieve any of Plaintiff's personal property still at the marital residence. 5. Effective May 26, 2006, Plaintiff shall pay to Defendant as indefinite alimony the sum of $200.00 per 3 month. The amount of alimony shall not be subject to modification by way of increase or decrease. In any event, Plaintiff's obligation to pay alimony to Defendant shall terminate upon the first to occur of any of the following: the death of either party, Defendant's co-habitation with an unrelated male, or Defendant's remarriage. Defendant shall have the duty to inform Plaintiff or his attorney when she has either remarried or commenced co-habitation. The alimony pendente lite order presently in effect shall terminate May 26, 2006. Payments following thereafter shall continue to be paid through the Cumberland County Domestic Relations Office by way of attachment of Plaintiff's military retirement pay. 6. The fees of the actuary incurred for the calculation of the marital portion of Defendant's 401(k) and retirement and the preparation of any orders distributing Plaintiff's military retirement shall be paid equally by the parties from the proceeds from the marital residence. 7. The parties hereby waive and relinquish any claims either may have against the other arising out of their marriage or otherwise except any action which may be necessary to enforce the terms of this agreement. 8. Any claims raised in these proceedings for counsel fees are withdrawn and waived. THE MASTER: Mrs. Wells, have you heard the statement of the agreement on the record? MS. WELLS: Yes, I have. THE MASTER: Do you understand it? MS. WELLS: Yes, I do. THE MASTER: And are you in agreement to accept those terms as a final resolution of all the economic claims in the divorce proceedings? MS. WELLS: I am. MR. ESPOSITO: Mr. Wells, have you heard me 4 recite the terms of the agreement? MR. WELLS: Yes. MR. ESPOSITO: Have you heard the additions or modifications that were made by Mr. Elicker? MR. WELLS: Yes. MR. ESPOSITO: Do you understand everything that you heard? MR. WELLS: Yes. MR. ESPOSITO: Is it your intention to agree to all of the terms as recited? MR. WELLS: Yes. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: DATE: A? Paul F posito ttor for Plaintiff ells, Jr. 5 JOHN J. WELLS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW LINDA L. WELLS, : NO: 01-3282 Defendant : IN DIVORCE CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Petitioner, do hereby certify that I this day served a copy of the Petition to Enforce Martial Settlement Agreement on the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Paul M. Esposito, Esquire GOLDBERG KATZMAN 320 Market Street, Strawberry Square P.O. Box 1268 Harrisburg, PA 17108-3282 ZGG Dated: P04-'-10 Respectfully submitted, ROMINGER & ASSOCIATES 1*4 Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Defendant -- „1 "7'7 %.F? ?..? :_ i ?.? R . r r . .9 ,r. .. Y ..,.,, _ DEC o s zoos ?? JOHN J. WELLS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vi. : CIVIL ACTION - LAW LINDA L. WELLS, : NO: 01-3282 Defendant : IN DIVORCE ORDER OF COURT AND NOW, this 3 day of , 200, upon consideration of Defendants Petition to Enforce Martial Settlement Agreement, a hearing is scheduled for the I 0_ day of , 2001, at -4S o'clock . ., in Courtroom #__Qj, at the Cumberland County Courthouse, Carlisle, Distribution: Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 Paul M. Esposito, Esquire GOLDBERG KATZMAN 320 Market Street, Strawberry Square P.O. Box 1268 Harrisburg, PA 17108-3282 l ?z/?//o ff ? ? .? '..j '?` _ ? -? y -` 1 L.? John J. Wells IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW Linda L. Wells NO. 01-3282 Defendant IN DIVORCE DOMESTIC RELATIONS ORDER 1. This Domestic Relations Order ("DRO") creates and recognizes the existence of the Alternate Payee's right to receive a portion of the benefits payable with respect to the participant It is intended to constitute a Qualifying Court Order under the Uniformed Services Former Spouse's Protection Act, 10 U.S.C. Section 1408 and following. 2. This DRO is entered pursuant to authority granted under the applicole domestic relations laws of the State of Pennsylvania. 3. This DRO applies to the Military Retirement System ("Plan") and at successor thereto. John J. Wells ("Participant") is a Participant in the Plan. Linda L. Vds ("Alternate Payee"), the former spouse, is the Alternate Payee for the purpose of this DR( 4. The Participant's name, mailing address, Social Security numberd date of birth are: John J. Wells 98-09 65th Road, Apt. 1-D Rego Park, NY 11374 Social Security No.: 272-64-6314 Date of Birth: October 6, 1958 5. The Alternate Payee's name, mailing address, Social Securit¢ber and date of birth are: Linda L. Wells 924 Franklin Street Carlisle, PA 17013 Social Security No.: 296-66-5790 Date of Birth: June 6, 1960 6. The Participant is currently receiving a monthly pensi,rr the Plan. 7. The Participant assigns to the Alternate Payee an in ` the Pai-ticipant's disposable military retired pay. The Alternate Payee is entitl% Payment in the amount specified below and shall receive payments at the sam the Participant. Page 2 8. The Participant's rights under the Soldiers' and Sailors' Civil Relief Act of 1940 (50 U.S.C. §521) were observed by the Court as evidenced by the presence of his legal counsel at the proceedings. 9. This Order assigns to the Alternate Payee an amount equal to 40.79% of the Participant's disposable military retired pay. In addition to the above, the Alternate Payee shall receive a pro rata share of any cost- of-living adjustments made to the Participant's benefits. The pro rata share shall be calculated in the same manner as the Alternate Payee's share of the Participant's retirement benefits is calculated pursuant to this Paragraph 9. 10. The monthly payments under Paragraph 9 shall commence to the Alternate Payee as soon as administratively feasible following the date that this Order is approved by the appropriate Military Pay Center and shall continue during the joint lives of the parties. 11. The Participant agrees to elect to make the Alternate Payee (and such Alternate Payee shall be deemed) the irrevocable beneficiary of the survivor's Survivor Benefit Plan ("W"), to the extent survivor benefits were previously provided under the Survivor Benefit Plan. The Participant shall make the necessary election in a timely manner to effectuate the SBP coverage for the Alternate Payee and shall execute such paperwork as is required. 12. The jurisdictional requirements of 10 U.S.C. Section 1408 have been complied with, and this Order has not been amended, superseded, or set aside by any subsequent order. 13. The Participant and the Alternate Payee acknowledge that they have been married for a period of more than ten years during which time the Participant performed more than ten years of creditable military service. The parties were married on March 1, 1978, and separated on September 20, 1996. 14. The Alternate Payee agrees that any future overpayments to her are recoverable and subject to involuntary collection from her or her estate. 15. The Alternate Payee agrees to notify DFAS about any changes in the Domestic Relations Order or the order affecting these provisions of it, or in the eligibility of any recipient receiving benefits pursuant to it. 16. The Participant and the Alternate Payee intend that this Order qualify under the Uniformed Services Former Spouses' Protection Act, 10 U.S.C. Section 1408 and following. 17. The Participant agrees to cooperate with the Alternate Payee to prepare an application for direct payment to the Alternate Payee from the Participant's retired or retainer pay pursuant to 10 U.S.C. Section 1408. The Participant agrees to execute all documents that the United States Army may require to certify that the disposable military retired pay can be provided to the Alternate Payee. 18. If, for any reason, the Alternate Payee does not receive from the Participant's military retired pay the monthly amounts indicated in Paragraph 9, the Participant shall pay directly to DRO Page 3 the Alternate Payee the appropriate monthly amounts such that the Alternate Payee's monthly benefits shall in total equal the monthly benefits as indicated in Paragraph 9. 19. The parties acknowledge that the following items must be sent by the Alternate Payee to DFAS, U.S. Military Retired Pay, P.O. Box 7130, London, KY 40742-7130 and to DFAS- CL/GAG, Garnishment Operation, P.O. Box 998002, Cleveland, OH 44199-8002. The Participant agrees to provide any of this information to the Alternate Payee at the Alternate Payee's request and to make all necessary efforts to obtain any of this information that the Alternate Payee is unable to obtain. a. Deemed Election Letter. CONSENT TO ORDER-? b. A certified copy of the Divorce Decree. C. A certified copy of this Domestic Relations Order. d. A copy of the Marriage Certificate of Mr. And Mrs. Wells. e. An executed copy of Form 2293 entitled Application for Former Spouse Payments From Retired Pay. f. An executed copy of Form 2656-1 entitled Survivor Benefit Plan (SBP) Election Statement for Former Spouse Coverage. 20. The Court shall retain jurisdiction to ente such further orders as are necessary to enforce the award to the Alte to Payee of the ' ary retirement benefits awarded herein. EXECUTED this day of Plain ' pant 61 Da a fe ant/Alte ate yee Date :a to Yt spamntent nqpz?w) 0 t? / /D VUStPAKf/hA410eapartment nunl6er) N Q) e o a rk 1,(311811,lo A1Y f4) ZjP Cade ! 13W : (2).DI i Gam s le- tat am" PA 1 I4)-ZW Dade 0 "?? ?? •as??a?ER?sP?mus??s°Ness : a: ,WAl YlEt Last, Mvt,Mddle inftl) a 7114A11E 1Last :Fast 'YG1ldBJe lriitl /1 b. ;MGN$FNRE c. DATE SIGNED b. ;SIGNATURE c. DATE SIGNED CL .i4M d. ADDRESS t7) `Street )'include apartment numbed t'7) Street l/ndude apartment number) 12) ChY (3) State I4) ZIP Code (2) City (3) State {4) "ZIP Cade 1 `mil 2656-1. OCT 2002 PREVIOUS EDITION IS OBSOLETE. qk, PPJVAr.Y ACT STATEMENT AWTHOFUTY: Public Law:(PL) 92-425, September-21,197,Z-PL 97-253, September 8, 19.82; PL 98-94, September 24, 1983;'PL 98-526, tpctober 1.9, 1984,-, :PL 99-145; November .14 1986; and ED 939.7. :;fiR1NCIPAL_?PURP.DSEWJ: To establish -aSurvivor Benefit Plan,diectionfor a servicemember's former spouse. RfiCI7?NE'?SEIS): >information rney ba provit]ed.?o the!Intemai Revenue.Sarvice _to resolve-matters relat'rng to an:individual's claim for•tax W. hholding;:andi to:the Department ,df -Justice ar to-state and local.governments :when:a question of law, court:order or,other•conflicting interest is .reiseti concernm .an individual' declaration. .INSCLDSUREc Voiuntery. however, failure.lo.furr itih .requestedarifo.rmation may reWft in delay in initiating SurVivorEen6fitPlan. ANNSTRULNIMS ,t EFtAt. ;ITEM 2..: fDbn#inved) ,reduction or 35, percent flf1he annuity base tmoun#:; :S5$P:as. sls o a :reMrsrgge Option+tnr`this rA"gorybut.an Type or,print all information ue irlk. ine -tmrrner spngse only.gettiRB :e :" eleatiorJ":tif:SMF •eesults in coirlPt anon bf 35"perAer[i of• t?e; a$a .smotsnt, plus vwhatever SSBP RETIRED,MEMBERS; ..D'ornplate :Sections`I, 11, and Ill. :lf leoting percent is elected; formerso6use;arts dlil jail) caverage,'provi8eanformafon . perts1hiri *e:4W1'ble dhtldlra,M #1 :hem 11, 1D.40dndarft;.641dian;" SECTION-f1:. fiEURlWG BERt; -GmriPlatg Tactions fl and Jii, taut make the ITEM 3': 'indinete member`xs rnarrtal status by ma1%rvg:spproprh election an. QRams 26 ., -bate for Payment of'Retired:. Uock. If`"Yes,".:co rill .3:a. through 3.iJ. Personnel.`. .. s. =Pravids name df menibei"s •current spouse. . ALL MEMBER,q lkFai[.1 "PCIRtgE -,t.0 tii?E must.ttomplete section llh b. and c Selfsexplansto(y. Whero6s"'farm bias heenromploted;fensure it isajone&by both mamber stmt:'Former spouse:; andAs properly anritnessedl.:submit. It'to .; 4, •Prnvrde naambePs current spousiWs.addres$ V tilffersnt from the marrsber'e.asidress.. EciterSarrsp' if the +rieirtbar ara8 spouse DF3AS :L15 "MiliteryRetirement P@y have #he:sarna correspondence address. - 1?:D BOX 71,30 London, K-Y 40742-7*0 :IT8MS ",4_5, :and,8. Mafk the bioek1hat reflects legal•besis for coverage: Attach a mertified -coprdf the livoroe-.decry@,. amendmenti or.other documentation:as desdibdd iri:lt ms . ;1,. Vnd 6, tf not.. medived`.by !ITEMS ,7end:6.; `Sblfi explanatory. lsfi R: +dliin;t#iefiesiy$ar"fdllowrir g thstlate L. 'ivorlie,:411e:e7action nvlill?:be invalid. ITEM 9. ' Enter hate tl<faiivorce:decrse, orarnendmentregtiirirlg.SBP: . XTEM 10. Mark:ti'te appropriate blook. ,If'"Yes," :provide the date TII#IN?L thaf.(nambefis:farrraerspcusersrnarried. Fanriar.epousemay :remarry after age I•iTi .srrtl •aliglbil mill notbe sffsoted. 'If former ITBM 1. Retired member:place&an X:inthe approprlate:lilobk to spouse-remames before:age":5B.; rsover$ge:issuspBroBefi.asltl indicate whether election is for formar.spouse, or formerspouse Premiums are riot;-iieiducted• from merhbers re#irs[l.pa? #tir:lise with btiilll(1e1+3 c6verege. %dik of that;rriarrliige.:-Jf f6rrnenspouses ma2T4gdvnds. by death,=divorce, orannulrnem, coverage ydlelnsume, ;Retiree or ITEM 2. Wemberswho:sleetSBPbased on' full retired",pay<may changesciri former_apouse's #ortnar:spouse"tnust.noflfy DI`AS'ofiW; ny, reduce yr eliminate :s reduatiofl`trs:the ennuiG- r tivkien tFie.ann?iitant me-ritifl stsius, Pr©vidinn. spPrapr9ate documentation. raabhes "cgs •62 by, disc rxg Sugplemenw SBP•'1SSBP). ITEM 3.1: Ratired members electing former spouse and Zhiltitren) Retiran who were eligible.to rstire.before Llotobee 2,19B5 and must list ellgtble.:childrerj in this section. Duly children. resulting Whose divorce was:finsllzeid .before Wverribe(SO 1989 nett:-not from the:marriaga of the-member:and"theformer spouse are covered elect :SSSF ?since their survia ing'fbaner::spouss will reoeive:55 rin.a tormer-spptriae and thildiferv) .election. 'The former spouse is the percent of the base amount far. .as tang es they remaible. primary fgeneficiar, clifilran receive :an annuity only if the'former .spouse°remerries:before._4ge"55 or,dies. lndicateiwblock 11;,e if Annuities paid to former spouses=af retirees Who Were net the,thild.•is incepsble.,bf.sd9 suppbrt and substantiating eligible to retirebefore Actdber Z IM vVill be 4educed'ta:35 decument"orn., if available. Elle chirdrenbf retiring members :percent •of tlia annuity:base-amcarnt "when :they, reach-Pse.62: unless should bte*11sted in :Slock.25 td:DD :form'.2$56. . the retiree elects SSSP. Former spouses of ratiress who. were •alVible xo retire before October 2, 19.85 but whosa:divorce.was.not finalized urilh..after November'30, 1989, will receive the most beneficial of -either 5.5 percent of the base amount, less the "Social"Security' Offset (Continued) { lTEM- 12. Tliis.bioek"m%Vbeusad for comments.cr-additional 1 information not covered' in the form. SECTION ill. ITEMS 1:3 through 16. Self-explanatory. -1 MACK), OCT 20132 APPLICATION FOR FORMER SPOUSE PAYMENTS FROM RETIRED PAY Form Approved OMB No. 0730-0008 (Please read instructions on back and the Privacy Act Statement before completing this form.) Expires Nov 30, 2004 The public reporting burden for fish collection of Information In eadmamd to avarege 15 mtranas per msponee, including the tams for nmewing Instructions. snrching exieft deft sources. gathering and mabroinirp the data needed, and compluft end reviewbm the collection of FOR OFFICIAL USE information. Send comments regarding this burden estimate warty other upect of this collection of information. induti ft arpgutions for nxkw ng the burden, to the Department of Defense, Executive services and Commu iwtbns Directorate 1070400081. Reapon dents should be aware that notwithstanding any other provision of low, no person shall be subject to any penalty for falling to comply with a collection of Warmation H h don not dbpby a currently valid OMB control number. PLEASE DO NOT RETURN YOUR FORM TO THE ABOVE ORGANIZATION. RETURN COMPLETED FORM TO THE APPROPRIATE SERVICE ADDRESS LISTED ON BACK. PRIVACY ACT STATEMENT AUTHORITY: Title 10 USC 1408; EO 9397. PRINCIPAL PURPOSE(S): To request direct payment through a Uniformed Service designated agent of court ordered child support, alimony, or division of property to a former spouse from the retired pay of a Uniformed Service member. ROUTINE USE(S): In addition to those disclosures generally permitted under 5 U.S.C. Section 552a(b) of the Privacy Act, these records or information contained therein may specifically be disclosed outside the DoD as a routine use pursuant to 5 U.S.C. Section 552a(b)(3) as follows: Records are provided to the Internal Revenue Service for normal wage and tax withholding purposes. The "Blanket Routine Uses" published at the beginning of the DFAS compilation of systems of records notices also apply. DISCLOSURE: Voluntary; however, failure to provide requested information may delay or make impossible processing this direct payment request. 1. APPLICANT IDENTIFICATION 2. SERVICE MEMBER IDENTIFICATION a. NAME (As appears on court order) (Last, First, Middle Initial) a. NAME (Last, First, Middle Initial) GJ e115 1-;N d0- L de//s ?jee4 N \J, b. CURRENT ME (Last, First, Middle Initial) W Ic L' b. SOCIAL SECURITY NUMBER a 63 6 0- N - 0- - c. SOCIAL SECURITY NUMBER V- 1-57 D c. BRANCH OF SERVICE d. ADDRESS (Street, City, State, ZIP Code) - ? f k d. ADDRESS (Street, City, State, ZIP Code) Of known) / D ` ? 9 ;i-q t r a7 N I Al iS rE'E - $ 49 6 5 (i o a cl 1 PA 1-1013 (? 12. 13-7? 3. REQUEST STATEMENT I request direct payment from the retired pay of the above named Uniformed Service member based on the enclosed court order. I request payment of: (1) Child support in the amount of $ per month. (2) Alimony, spousal support or maintenance in the amount of $ , or --percent of disposable retired pay per month. (3) A division of property in the amount of $ , or`,?.7? PIft9EFt of disposable retired pay per month. I certify that any request for current child and/or spousal support is not being collected under any other wage withholding or garnishment procedure authorized by statute. Furthermore, I certify that the court order has not been amended, superseded or set aside and is not subject to appeal. As a condition precedent to payment, I agree to refund all overpayments and that they are otherwise recoverable and subject to involuntary collection from me or my estate, and I will notify the appropriate agent (as listed on back) If the operative court order, upon which payment is based, is vacated, modified, or set aside. I also agree to notify the appropriate agent (as listed on back) of a change in eligibility for payments. This includes notice of my remarriage, if under the terms of the court order or the laws of the jurisdiction where it was issued, remarriage causes the payments to be reduced or terminated; or notice of a change in eligibility for child support payments by reason of the death, emancipation, adoption, or attainment of majority of a child whose support is provided through direct payments from retired pay. I hereby acknowledge that any payment to me must be paid from disposable retired pay as defined by the statute and implementing regulations. DD FORM 2293, JAN 2002 PREVIOUS EDITION IS OBSOLETE. 4. 1 HAVE ENCLOSED ALL PERTINENT DOCUMENTATION TO INCLUDE: (X as applicable) I ?I a. A copy of the operative court order and other accompanying documents that provide for payment of siiilsi support, alimony or a I division of retired pay as property, containing a certification dated by the clerk of the court within 90 days preceding the data the application is received by the designated agent. V 1 b. Evidence of the date(s) of my marriage to the member if the application is for the direct payment of a division of the member's disposable retired pay as property. Give MARRIAGE DATE (YYYYMMDD) in this block unless stated in court order. c. If payment request includes child (1) NAME OF CHILD and birth date(s) of child(ren): Middle /nitiall (2) DATE OF BIRTH d. Other information (please identify) or remarks. 15a. APPLICANT'S SIGNA??J??C//?/?(/ IL v DATE 8 Fi.D/ INSTRUCTIONS FOR COMPLETION OF DD FORM 2293 GENERALS instructions govern an application for direct payment from retired pay of a Uniformed Service member in response to court ordered child support, alimony, or a division of property, under the authority of 10 USC 1408. SERVICE OF APPLICATION. You may serve the application by mail on the appropriate Uniformed Service designated agent. The Uniformed Services' designated agents are: (1) ARMY, NAVY. AIR FORCE, AND MARINE CORPS: Attn: DFAS-CUGAG, Assistant General Counsel for Garnishment Operations, DEFENSE FINANCE AND ACCOUNTING SERVICE - CLEVELAND,. P.O. Box 998002, Cleveland, OH 44199-8002; (2) COAST GUARD: Commanding Officer (LGL), United States Coast Guard, Human Resources Service and Information Center, 444 S.E. Quincy Street, Topeka, KS 66683-3591; (3) PUBLIC HEALTH SERVICE: Attn: Retired Pay Section, CB, Division of Commissioned Personnel, PUBLIC HEALTH SERVICE, Room 450, 5800 Fishers Lane, Rockville, MD 20857-0001; (4) NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION: Same as U.S. Coast Guard. IMPORTANT NOTE: Making a false statement or claim against the United States Government is punishable. The penalty for willfully making false claim or false statement is a maximum fine of $10,000 or maximum imprisonment of 5 years or both (18 USC 287 and 1001). ITEM 1. a. Enter full name as it appears on the court order. b. Enter current name if different then it appears on court order. c. Enter Social Security Number. d. Enter current address. ITEM 2. a. Enter former spouse's full name as it appears on the court order b. Enter former spouse's Social Security Number. c. Enter former spouse's branch of service. d. Enter former spouse's current address, if known. ITEM 3. Read the Request Statement carefully. ITEM 4. A certified copy of a court order can be obtained from the court that issued the court order. Other documents include, but are not limited to, final divorce decree, property settlement order, and any appellate court orders. If the court order does not state that the former spouse was married to the member for tan years or more while the member performed ten years creditable service and the request is for payment of a division of property, the applicant must provide evidence to substantiate the ten years' marriage condition. Additional evidence must show that the ten years' requirement has been met, including: Uniformed Service orders, manage certificate, and other documents that establish the period of marriage. Other information or documents included with the request should be clearly identified by the docunism's title and date. Remarks may be provided to clarify specific points. ITEM S. Self-explanatory. FORM 2293 (BACKI. JAN DEEMED ELECTION LETTER DFAS U.S. Military Retired Pay P.O. Box 7130 London, KY 40742-7130 DFAS-CL/GAG Garnishment Operations P.O. Box 998002 Cleveland, OH 44199-8002 RE: John J. Wells - SSN: 272-64-6314 Linda L. Wells - SSN: 296-66-5790 Deemed Election Letter To Whom It May Concern: The following documents are enclosed for Linda L. Wells' Deemed Election within one year of date of Divorce Decree: 1. Certified Copy of Divorce Decree dated March 16, 2006. 2. Certified Copy of Domestic Relations Order dated 3. A copy of the Marriage Certificate of Mr. And Mrs. Wells. 4. Form 2651-1 entitled Survivor Benefit Plan (SBP) Election Statement for Former Spouse Coverage, whereby Linda L. Wells is named as the former spouse for benefits of the survivor annuity. John J. Wells has executed this form. 5. Form 2293 entitled Application for Former Spouse Payments from Retired Pay. This has been executed by John J. Wells. With best regards, Yours sincerely, Encl. This letter has been reviewed by me and is acceptable to me. Li . Wells x \7?J W^ Et V i i r4 f7l -r 'e'? f 1 4 t ?