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01-04282
Commonwealth of Pennsylvania County of Cumberland, ss: CATHERINE R. MCKELVEY, 1 Plaintiff 1 vs. ) 1 GERALD J. MCKELVEY, 1 Defendant 1 CIVIL ACTION -LAW NO. 01-4282 CIVIL TERM IN DIVORCE Motion for Appointment of Master Gerald J. McKelvey, Defendant moves the court to appoint a Master with respect to the following claims: 1 1 Divorce ( )Annulment IXXI Alimony (XX) Alimony Pendente Lite (XX) Distribution of Property )Support IXXI Counsel Fees (XX) Costs and Expenses and in support of the motion states: 1. Discovery is complete as to the claimisl for which the appointment of a Master is requested. 2. The Plaintiff has appeared in the action by her attorney, Karl R. Hildabrand, Esquire. 3. The statutory groundls) for divorce are: 3301 Icl or (dl of the Divorce Code. 4. Check the applicable paragraphls). 1 The action is not contested. 1 ) An agreement has been reached with respect to the following claims: (x 1 The action is contested with respect to the following claims: ~ 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take 7 days. 7. Additional information, if any, relevant to the motion: 141T Date m el L. de Attorney for Defendant < AND NOW, / 2003, ~~ ti, Esquire, is appointed ter ith respect to the following claims: alimony, distribution of property, counsel fees, and costs and expenses. BY THE Q J. L) i.._? 1 C... m' r~ ~ _ i~ --' s_ ~ y t . ~ •• , t~~ _ -~ ;v _~' en ti c; z: ~ , ( - ' C~-' 1 `~~~t- - (~..~.~ ,~ "w 1 J ~ _ ,,-i :; .., r l ; : , ; cn 3 ._ ~ -_ __ `.1 _,~ ,z C7 j L SAMUEL L. ANDES ATTORNEY AT LAW 525 NORTH TWELFTH STREET P. O. HOX 168 LEMOYNE, PENNSYLVANIA 17043 xazaPxoxa (]3]) ]61-5301 10 July 2003 E. Robert Eficker; ii, rsgiaire Office of the Divorce Master 9 North Hanover Street Carlisle, PA 17013 RE: Catherine McKelvey vs. Gerald McKelvey 01-4282 Civil Term Dear Mr. Flicker: I represent the Defendant in the above matter and will be filing shortly a motion for your appointment as master in the case. AAX (ili) ]81-1436 The parties separated in June of 2001 and I have filed and served upon the Plaintiff an Affidavit Under Section 3301 of the Divorce Code. For that reason, when you are appointed, I think we can proceed with your discovery certificate and a pre-trial statement at your convenience. Please contact me if you have questions or need anything further in the case. Thank you for your cooperation. Sincerely, `~Ir~udl L. Andes le cc: Karl R. Hildabrand, Esquire A CATHERINER MCKELVEY, Plaintiff v. GERALD J.MCKELVEY, Defendant TO: Gerald J. McKelvey 933 WillcliffDrive Mechanicsburg,PA 17050-7625 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, P~E7NNSYL~V jA--NIA NO- Q~- 1~eZd~~, l:1UtC, lE2)~ CIVIL ACTION -LAW COMPLAINT IN DIVORCE NOTICE YOU HAVE BI/EN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment maybe entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for 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, One Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. 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 17013 1-800-990-9108 Document#: 209264.1 M CATHERINE R. MCKELVEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. ©~ SC2, J'~- Cyud l /e r~ GERALD J. MCKELVEY, :CIVIL ACTION -LAW Defendant COMPLAINTINDIVORCE COMPLAINT IN DIVORCE 1. The Plaintiff is Catherine R. McKelvey, an adult individual residing at 933 Willcliff Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050 since 1993. 2. The Defendant is Gerald J. McKelvey, an adult individual residing at 933 Willcliff Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050 since 1993. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on November 4, 1967 in Philadelphia, PhiladelphiaCounty,Pennsylvania. 5. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Rights Act of the Congress of 1940 and its amendments. 6. There have been no prior actions of divorce or for annuhnent between the parties. 7. Plaintiffhas been advised that counseling is available and that Plaintiffmay have the right to request that the court require the parties to participate in counseling. 8. Two children were born of the marriage. Both children are emancipated. Document #: 209264. / COUNTI Divorce 9. The averments of paragraphs 1-8 hereof are incorporatedherein by reference. 10. The marriage is irretrievably broken. 11. Defendant has offered such indignities to Plaintiff, the innocent and injured spouse, as to render Plaintiff s condition intolerable and life burdensome. 12. Plaintiff requests the Court to enter a Decree in Divorce divorcing Plaintiff and Defendant. COUNTII Equitable Distribution 13. The averments of pazagraphs 1-12 hereof aze incorporatedherein by reference. 14. During the marriage the parties acquired marital property, assets, and debts which Plaintiff requests the Court equitably distribute and assign. COiTNT III Support, Alimony and Alimony Pendente Lite 15. The averments ofpazagraphs 1-14 hereof are incorporatedherein by reference. 16. Plaintiff requires reasonable support and/or alimony and/or alimony pendente lite to adequately sustain herself within the standazd of living established during the marriage and to properly and adequately maintain the within action for divorce. Document #: 209264.1 ~- couNTly Costs and Attorney's Fees 17. The averments of paragraphs 1-16 hereof are incorporated herein by reference. 18. Plaintiff has, and will, incur costs and attorney's fees in prosecuting the within action. 19. Given the financial circumstancesbetween the parties Plaintiff requests that the Defendant be directed to pay, and/or contribute to, Plaintiff s counsel's fees and costs. WHEREFORE, Plaintiff requests that this Court enter a Decree in Divorce, enter an order equitably distributing marital property, award Plaintiff support, alimony and alimony pendente lite, enter an order with respect to costs and attorney's fees, and enter such other orders as are appropriate and just. METZGER, WICKERSHAM, KNAUSS & ERB Karl R. Hildabrand, Esquire Attorney I.D. 30102 Attorneys for Plaintiff 3211 North Front Street Harrisburg,PA 17110-0300 Attorney for Plaintiff Date: "] I °l I ~ ~ Document #: 209264.1 VERIFICATION I, Catherine R. McKelvey, hereby certify that the facts set forth in the foregoing Complaint In Divorce aze tnie and correct to the best of my knowledge, information and belief, and that false statements herein aze made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsificationto authorities. ~ .~ Catherine R. McKelvey Date: Document #: 209264.1 q.~ COMMONWEALTH OF PE NNSVLVANIA H 105.15] RE V.880 DEPARTMENT OF HEALTH IM BJ30.3~ t/191 V ITAL STATISTICS COUNTY Cumberland RECORD OF DIVORCE OR ANNULMENT ^X (CHECK ONE) ^ HUSBAND 1. NAME ~ecp a~~(U l ~~~'jLYL STATE FILE NUMBER 1 STATE FILE GATE Gerald J. McKelve y °F BIRTH 3 1 1946 2. RESIDENCE Sfhet Or R.D. GIy, BP/p.Or wp. COUn1Y FIp O. PLACE IMO/ OrP/En untry 933 WiJlcliff Drive Mechanicsbur g Pennsylvania °F BIRTH Philadel hia 5. NUMBER OP THIB 1 MARRIAGE 6. RACE WNRE ® BLACK OTNEq~'~9lgcilvl ^ U ]~ USUAL OCCUPATION LO b ist Co WIFE 8. MAIDEN NAME /Find IMi001e1 I[JIU e. OA]E IAlPnrnr IvIIY/ nFYN °F 9 18 1946 Catherine R. BIRTN 10. BESIDE CE ffigPt Or R.D. Dry, BOm, Or TwA LbuntY SOtP 11. PLACE /StEtP O/FOMyn Lbumryl OF 933 W111cIiff Drive. Mechanicsbure. PAnncvlvania BIRTN Philadelnhia 12. NUMBER 13. WNITE BLACK OTHER ISgcilYl A' UPATI N OFTNIS 1 ® ^ ^ M RR A E Customer Serv ic 18. PLACE OF (CAUntYI ISyFMOr FOnign Gwntryl /8. DATE OF hbnth Day YPFr OF THIS MARRIAGE Philadelphia Pennsylvania THIS MARRIAGE 11 1]A. NUMBER OF CHIL' 1]B. NUMBER OF DEPENDENT CHIL 18. PLAINTIFF HUSBAND WIFE OTHER ISpFCi/Y) HUSBAND WIFE OTHER ISgelly) DREN TNIS 2 DREN UNDER IB ~ ^ ® ^ ^ ^ MARRIAGE 2D. NUMBEN OF NUBBAND WIFE SPLIT CUSTODY OTHER ISgeHV) 21. LEGAL GROUN0.5 FUR CHILDREN TO DIVORCE OR ANNULMENT cusiooyoF ^ ^ ^ ^ Irretrievable Breakdown Z2. DATE OF DECREE /Ebnth/ lDayl /YMrI 23. DATE REPORT SENT MOn~ M~yT~° Rv i0 VITAL STATISTICB 2t. SIGNATURE OF TgANSCRIBING CLERK .. CATHERINER. MCKELVEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLANDCOUNTY,PENNSYLVANIA v. NO. 01-4282 CIVIL TERM GERALD J. MCKELVEY, CIVIL ACTION- LAW Defendant IN DIVORCE AFFIDAVIT OF SERVICE I, Kazl R. Hildabrand, Esquire, counsel for Plaintiff, Catherine R. McKelvey, hereby certify that a true and correct copy of the Complaint in Divorce was served upon Defendant, Gerald J. McKelvey, by certified mail, return receipt requested, on July 21, 2001, at 933 Willcliff Drive, Mechanicsburg, PA, 17055. Attached hereto, marked as Exhibit "A" and incorporated herein by reference is the signed return receipt card for said service. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Karl R. Hildabrand, Esquire Attorney I.D. No. 30102 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff Dated: g ~ 2 ~ ~ Documen! N: 272000.1 ^ Cothpl~te-items 1, 2, and 3. Also complete A. Race ~dlsl (Pl~se P t q! 7y) B. Date of~per~ item 4 'rf Restricted Delivery is desired. ~ / ^- Pdcrt your name and address on the reverse so that we can return the card to you. C. S ~ nature j • Attach-this card to the baok of the mailpiece, X ^ Agent or on the front if space permks. ~ Addre D. Is delivery tldress item ~ Yes t. Article Addressed to: If YES, a er delivery address bebw: ~ No Gerald J. McKelvey ~t33 Willcliff Drive AYechanicsburg, PA 17055 s. ~~ Hype ~§ certifies nnau ^ Express Mail d Registered ^ Retum Receipt for Merchandise; ^ Insured Mail ^ C.O,D. 4. Restricted Deliven/7 (Extra Fes) ^ Yes 2. Article Number (COPY hnnt servkelanell 70.99 3/~~00 A01;6, A53~~ 8,1711,;' ~ PS Form 3811, July 1999. Dbmesdc Return Receipt 102595-00-M~0952 s ' CATHERINE R. IN THE COU12T OF COMMON PLEAS OF McKELVEY, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. CI L ACTION -LAW GERALD J. McKELVEY, Defendant NO.OI-4282 CIVIL TERM CATHERINE R. IN THE COURT OF COMMON PLEAS OF McKELVEY, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. DOMESTIC RELATIONS SECTION GERALD J. McKELVEY, : NO. O1-525 SUPPORT Defendant PACSES NO. 529103592(30792 ORDER OF COURT AND NOW, this 17`~ day of August, 2001, upon consideration of Plaintiff's Motion for Separate Listing Pursuant To Pa. R.C.P, 1910.11(j) and 1910.12(c), a Rule is hereby issued upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. BY THE COURT, esley Ole , ., J. ~~~hl`Jft~r.~AN~~~,rt~3 ,~ ~iC~:J n` , ~ ~."~_.i , h1ty, - Z~ ~ ~ ~'~~ L t ;I'J ° rk AFl`ilc`l.~;;-'1~~;'.°~ :',-,i ICJ ~.~a-li ~~Ci~~ia ~~~r. .~ \"~` V O~ ~ Karl R. Hildabrand, Esq. P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 Attorney for Plaintiff Samuel L. Andes, Esq. 525 N. 12~` Street Lemoyne, PA 17043 Attorney for Defendant :rc CATHERINE R. MCKELVEY, Plaintiff v. GERALD J. MCKELVEY, Defendant ***+**** CATHERINE R. MCKELVEY, Plaintiff v. GERALD J.MCKELVEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4282 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION Docket Number: 00525 S 2001 PACSES Case Number: 529103592/30792 ORDER OF COURT AND NOW, this day of 2001, upon considerationof the Motion of Plaintiff, Catherine R. McKelvey, for a separate listing of the above support matter, said Petition is granted. This matter shall be separately listed and the parties may proceed with discovery as provided in the Rules of Civil Procedure. BY THE COURT: J. cc: Karl R. Hildabrand, Esquire, Attorney for Plaintiff Samuel L. Andes, Esquire, Attorney for Defendant Documen7 #: 2[3431.1 r ~ a J CERTIFICATE OF SERVICE AND NOW, this ~ day of August, 2001, I, Karl R. Hildabrand, Esquire, of Metzger, Wickersham, Knauss & Erb, P.C., attorneys for Plaintiff, hereby certify that I served a copy of the within Motion for Sepazate Listing Pursuant to Pa. R.C.P. 1910.11(j) and 1910.12(c) this day by depositing the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Samuel L. Andes, Esquire P.O. Box 168 Lemoyne, PA 17043 Karl R. Hildabrand Document #.~ 2/3431.! r ~.~~ ~i (L11 r ~. i ~_, (/? 1 . ~- ~.; !: ~.' y t_~ ~._ T l':3 r3 :~7 f_. ".~ ,~ ~l 1-'~ ii j ,.._ ~.1 l7 I'~ '. I Jo- _~ _~ ~~ ~9 ~' t V [v ~~i ~ "_n _ -a _ u~~ ~'~ `~ - t~ (~ 1G /~ _° ~ r ~ r - .c- I--' ,,. } i ~ CATHERINE R. MCKELVEY, Plaintiff vs. GERALD J. MCKELVEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0. A~-4282 CIVIL TERM IN DIVORCE AI=EIDAVIT OF SERVICE BY CERTIFIED MAIL AMY M. HARKINS, being duly sworn according to law, deposes and says as follows: 1. That she is an employee of Samuel L. Andes, attorney for the Defendant herein. 2. That on 17 August 2001, she delivered to the U.S. Postal Service in Lemoyne, Pennsylvania, as certified mail (Receipt No.7001 0360 0001 3442 1150) return receipt requested, addressed to the Plaintiff herein, a true and correct copy of the Bill of Particulars filed in the above-captioned action. 3. Said return receipt card is attached hereto as Exhibit A showing a date of delivery to the Plaintiff on 20 August 2001. qua 7~. ~~~a.~,-~~ AMY M. ~IARKINS Sworn to and subscribed before me this z8~` day of ~rv~ us+ , 2001. Lam,., ~'~. Notary Public. LYNN ENBENFE~~p~ SEAL tEMOYNE BORO. GBOFABt PUBUC k1Y COMMISSION E)<PIRESBAU~O, jj 209 1 ^ Complete itemsmky2, 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. 1YA~rtiyche Addressed~t(o:I /~ /~ (~. p, ~30~ 530® H+FRR~5i3u-RG (a~- fella by (Please Ptlnt Clearly) ~~ ~ ~ Agent ' Addressee ' Is delivery address d'rfferent item 1? ^ Yes If YES, enter delivery address below: ^ No 3. S~~ice Type Iz!`Certified Mail ^ Express Mail ([]] ~~egistered ^ Re[um Receipt for Merchandise ^ Insured Mail ^ C.O.D. 4. Restricted Delivery? (Extra Fee) ^ yeg ` ~UUJ, Uj6U UUU1 3442 1150 -_ PS Form 3811; Ju~y=i399 - " Domes4c Return Receipt 102695-9&M-1]89 ~h ~ h~~ ~ ~ f ~ \ f f ~, o } l.[' _. r-L1 „~_ CATHERINE R McKELVEY, IN THE.COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION -DIVORCE :, ` NO. 01-4282 CIVH. TERM GERALD J. McKELVEY, IN DIVORCE DefendantlRespondent DR# 30940 Pacses# 793103741 ORDER OF COURT AND NOW, this 28's day of August, 2001, upon consideration of the attached Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the paRies and their respective counsel appear before R.J. Shaddav on October 2.2001 at 10:30 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU aze further ordered to bring to [he conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11® (4) verification of child Gaze expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, George E. Hoffer, President Judge Mail copies on Petitioner 8-28-O1 to: < Respondent Kazl Hildabrand, Esquire Samuel Andes, Esquire Date of Order: August 28, 2001 . JII~~ R. J. Shadday, Conference Officer YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717)249-3166 t'Iti`";1~kASi~'N u' ~.~..~.fh~..._ _,~. r,-, ~= _~ i n .. . `i „~~x "~~[m3~ ~_ _ CATHERINE R. MCKELVEY, Plaintiff v. GERALD J.MCKELVEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4282 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE **+****+ CATHERINER MCKELVEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION v. GERALD J.MCKELVEY, Defendant Docket Number: 00525 S 2001 PACSES Case Number: 529103592/30792 PETITION FOR ALIMONY PENDENTE LITE 1. Petitioner, Catherine R. McKelvey, is the Plaintiff in the above referenced divorce action which was filed on July 13, 2001. 2. Petitioner included a claim for APL in the Complaint in Divorce when fled. 3. Petitioner requires reasonable support and/or alimony pendente lite to adequately sustain herself within the standard of living established during the marriage and to properly and adequately maintain the within action for divorce. 4. Petitioner seeks APL effective the date the claim was filed in the Complaint in Divorce. Document #: 213428.7 WHEREFORE, Petitioner requests that this Court enter an Order awarding alimony pendente lite to her in this matter. Respectfully submitted, METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Karl R. Hildabrand, Esquire Attorney I.D. No. 30102 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717)238-8187 Attorneys for Plaintiff Dated: ~'"/f7 ~~ Document #: 213428.7 VERIFICATION T, Catherine R McKelvey, do hereby verify that the facts set forth in the' foregoit-g Petition £ar Alimony PendePte Lite aze tme and correct to the best o£ my personal knowl~ge or information and belief. I understand that false statements herein are made subject to the pen~lties of 1 S Pa.C.S. §4904, relatingto unswarn falsificationto authotlties. C Catherine R McKelvey ' Dated: ~ ~~ 6 ' ~ DaLMNp[ m: 2I3J~8-/ CERTIFICATE OF SERVICE AND NOW, this ~~ day of August, 2001, I, Karl R. Hildabrand, Esquire, of Metzger, Wickersham, Knauss & Erb, P.C., attorneys for Plaintiff, hereby certify that I served a copy of the within Petition for Alimony Pendente Lite this day by depositing the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Samuel L. Andes, Esquire P.O. Box 168 Lemoyne, PA 17043 r ,~ arl R. Hildabrand Document k: 273428.7 CATHERINE R. MCKELVEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO: 01-4282 CIVIL TERM GERALD J.MCKELVEY, CIVIL ACTION-LAW Defendant IN DIVORCE BILL OF PARTICULARS Plaintiff, Catherine R. McKelvey, submits the following Bill of Particulars in response to the Rule served upon heron August 20, 2001: 1. Plaintiff and Defendant were married on November 4, 1967, and separated on June 22, 2001. Problems developed early on in the marriage and worsened over the years. Defendant is, and has been, controlling and manipulative. Plaintiff has a passive personality and in order to avoid the wrath of her husband has attempted to accommodate and please him. This has created an increasingly stressful and unpleasant environment for her. 2. On December 24, 1979, after extensive drinking, Defendant returned home late, ignoring the fact that Plaintiff had prepared a special meal. When questioned, Defendant became outraged, grabbed Plaintiffazound the neck with both hands, and attempted to choke her. Plaintiff has been fearful of Defendant ever since. 3. Through the marriage Defendant has struck the parties' daughter (now age 27) and grabbed, struck, or choked the parties' son (now age 30) on numerous occasions. Plaintiffhas been continuously feazful of Defendant's violent tendencies, especially when he has been drinking. Dotumen! #: 21527/.T •' ~ ` ~ L 4. In 1999 Plaintiff s fears of Defendant's temper were further reinforced when Defendant practically became involved in a fistfight with another man over a dispute regazding a parking place at the mall. 5. Defendant, throughout the marriage, expected all matters to be done his way and was extremely controlling of the actions and activities of the Plaintiff. The Defendant belittled the Plaintiff in front of others, appeared at the Plaintiff s activities unannounced, and was constantly critical of her actions. 6. The Defendant has constantly criticized and belittled the Plaintiff regarding her weight which has caused her emotional stress. 7. For much of the marriage, the relationship lacked affection and Defendant would rebuff Plaintiff s attempts at physical contact and affectionate behavior. Around the end of 1999 and continuing throughout the remaining year and a half of the mamage, Defendant refused to sleep with Plaintiff in the mazital bedroom and refused to engage in any physical contact with her. Instead, Defendant insisted on sleeping on the couch or the floor in the family room claiming that he preferred to watch television. Defendant refused to engaged in sexual relations with the Plaintiff. 8. The marriage relationship deteriorated considerably more so during the last two years the parties were together. In 1999 Plaintiffleft her job and started working with Defendant in his business. She found that the Defendant engaged in a course of lying to others in a social context and to her. She found that she did not like him and found that the parties had nothing in common. -2- Document #: 275271.1 t 9. In April of 1999 Defendant advised his business partner that he could care less about the parties' children. When Plaintiff learned of these remarks it was extremely upsetting but further reinforcement of the cold way in which her husband approached the marriage. 10. In October of 2000, in an attempt to deal with the emotional stress, lack of affection, and difficulties with the marriage, Plaintiff sought marital counseling. Approximately one month later husband agreed to join the counseling. Wife ceased the counseling when Defendant and the counselor began to discuss working together in business matters. 11. Defendant drank alcohol regularly and to excess during the marriage during which times he became very bossy towards Plaintiff. 12. During the last several months the parties were together the Defendant suggested that the parties separate on weekends. 13. Throughout the marriage, and more specifically the last two years that the parties were together, the Defendant insisted on making the decisions and controlling the marriage. This conduct on the part of the Defendant, coupled with those matters detailed above, made the Plaintiff's life intolerable and burdensome. 14. The Plaintiff attempted at numerous times and through numerous ways to make the man'iage work, to be affectionate with her husband, and to make her husband happy. The constant -3- Document #: 2[5271.[ control, manipulation, denigration, and lack of affection exhibited by her husband totally negated her efforts. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. i R. Hildabrand, Esquire Attorney I.D. No. 30102 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717)238-8187 Attorneys for Plaintiff Dated: °I -Y-mil ~r- -4- Document H: 21517/.7 YZ;I2IFICATTON I, Catherine R. McKeIvey, do hereby verily that the facts set !'orth im 'the foregoing Bill of Particulars are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unswom falsification io authorities. Dated. ~ - '! - o / Down=mar#: atsa~zr Catherine R. Mel~elvey CERTIFICATE OF SERVICE AND NOW, this ~ day of September, 2001, I, Karl R. Hildabrand, Esquire, of Metzger, Wickersham, Knauss & Erb, P.C., attorneys for Plaintiff, hereby certify that I served a copy of the within Bill of Particulars this day by depositing the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Samuel L. Andes, Esquire P.O. Box 168 Lemoyne, PA 17043 Gl.-E` ( ~ ~C.~.~-Y--~~.-,, R. Hildabrand ~~ Document#: 215271.1 Ci ,7 f -_~ v t; r.. l .., ') , i __ ~l (.. l i -~ ~? ° J = 7 n~....n*~F~54~afA ~~"py'"a"arz, s~ i.e~s~enrmee~txr~`~~~1 , -. ~~A ~~~ _, CATHERINE R. McKELVEY, 1 IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND - COUNTY, PENNSYLVANIA vs. - CIVIL ACTION -LAW GERALD J. McKELVEY, 1 Defendant 1 N0. 01-4282 CIVIL TERM CATHERINE R. McKELVEY, - IN THE COURT OF COMMON Plaintiff - PLEAS OF CUMBERLAND - COUNTY, PENNSYLVANIA vs. 1 DOMESTIC RELATIONS SECTION GERALD J. McKELVEY, ) Defendant 1 N0. 01-525 SUPPORT PACES NO. 529103592/30792 ANSWER OF DEFENDANT. GERALD J. McKELVEY TO PLAINTIFF'S MOTION FOR SEPARATE LISTING AND NOW comes the above-named Defendant, by his attorney, Samuel L. Andes, and makes the following Answer to Plaintiff's Motion for a separate listing in this matter: 1. Admitted. 2. Admitted. 3. Admitted in part and denied in part. It is admitted that the parties appeared at a Domestic Relations conference on the Plaintiff's request for spousal support and that Defendant denied liability for such support on the basis that Plaintiff herself caused the separation of the parties. It is also admitted that the financial information Defendant produced was a preliminary draft of a Schedule C to be attached to his federal income tax return. However, Defendant was not able to produce any more documents than that because Plaintiff herself removed the financial records relating to Defendant's business, and the computer on which those records were kept, from Defendant's possession when she vacated the family home. 4. Admitted. By way of further answer, Defendant joins in Plaintiff's request that this matter be scheduled for a separate hearing and that the parties be authorized to complete reasonable discovery prior to that hearing. Defendant believes that reasonable discovery will greatly simplify the issues to be presented at the hearing and will save the parties and the court a great deal of time. WHEREFORE, Defendant moves this court to grant Plaintiff's Motion, direct the parties to complete reasonable discovery, and then have this court schedule a hearing on the issues raised on these matters. Sa el L. An s Attorney for Defendant Supreme Court ID # 17225 525 North 12"' Street Lemoyne, PA 17043 1717) 761-5361 1Y. COMMONWEALTH OF PENNSYLVANIA - ( SS.: COUNTY OF CUMBERLAND 1 SAMUEL L. ANDES, being duly sworn according to law, deposes and says that he is the attorney of record for the Defendant herein and that the facts set forth in the foregoing document are true and correct to the best of his knowledge, information, and belief. SA L L. ANDES Sworn to and subscribed before me this 30`h day of AUGUST, 2001. ,. CERTIFICATE OF SERVICE I hereby certify that I served an original of the foregoing Answer to Plaintiff's Motion For Separate Listing upon counsel for the Plaintiff herein by regular mail, postage prepaid, addressed as follows: Karl R. Hildabrand, Esquire 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 Date: 30 AUGUST 2001 Sam L. Andes Attorney for Defendant C: c' ~-- - ~.~ _ n ' -n it° ~,, _. ~;_. ._. %~ c. :: ~ _s? i CATHERINE R. MCKELVEY, Plaintiff v. GERALD J.MCKELVEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4282 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE *+**~*+* CATHERINER. MCKELVEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION v. GERALD J. MCKELVEY, Defendant Docket Number: 00525 S 2001 PACSES Case Number: 529103592/30792 ORDER OF COURT AND NOW, this ~01@lay of ,2001, upon consideration of the Motion of Plaintiff, Catherine R. McKelvey, for a separate listing of the above support matter, and it further appearing that Defendant concurs in the Motion, said Motion is granted. The parties may proceed with discovery as provided in the Rules of Civil Procedure and this matter shall be separately listed for hearing upon complefion of that discovery. cc: Karl R. Hildabrand, Esquire, Attorney for Plaintiff 9 _ ~~ , o ~ Samuel L. Andes, Esquire, Attorney for Defendant ~O~"' Q 7"` Document #: 215284.1 BY THE COURT: ~!r~~nc ~'~~ N~`~~~~~~ ~t1: j did 1 1 ~3S ? J~Nd.~~~ „., ~~-1E;~, r,-f -_ ,~ u CATHERINE R. MCKELVEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-4282 CIVIL TERM GERALD J. MCKELVEY, CIVIL ACTION-LAW Defendant IN DIVORCE *****+** CATHERINE R. MCKELVEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION v. Docket Number: 00525 S 2001 GERALD J. MCKELVEY, PACSES Case Number: 529103592/30792 Defendant MOTION TO MAKE RULE ABSOLUTE 1. On August 17, 2001, upon consideration of Plaintiff's Motion for Separate Listing Pursuant to Pa. R.C.P. 1910.11(j) and 1910.12(c), this Court issued a Rule upon Defendant to show cause why the requested relief should not be granted. 2. On or about August 31, 2001, Defendant filed an Answer to the Rule concurring with the request that the matter be separately listed and that reasonable discovery proceed. DocNment #: 2!5284.1 ti. ~ WHEREFORE, Plaintiff respectfully requests that the Rule issued by this Court on August 17, 2001, be made absolute and that the reliefrequested in Plaintiff's Petition be granted. Respectfully submitted, METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By ~~~c~ Karl R. Hildabrand, Esquire Attorney I.D. No. 30102 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717)238-8187 Attorneys for Plaintiff Dated: ~l' ~`~ f o ~ Document #: 2/5284.1 N 'L VERIFICATION I, Karl R. Hildabrand , do hereby verify that the facts set forth in the foregoing Motion to Make Rule Absolute are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein aze made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsificationto authorities. ~~~ Kazl R. Hildabrand Dated: ~~ ~"o / Document #: 275284.1 «_ r I`. V CERTIFICATE OF SERVICE AND NOW, this D~ day of September, 2001, I, Karl R. Hildabrand, Esquire, of Metzger, Wickersham, Knauss & Erb, P.C., attorneys for Plaintiff, hereby certify that I served a copy of the within Motion to Make Rule Absolute this day by depositing the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Samuel L. Andes, Esquire P.O. Box 168 Lemoyne, PA 17043 Karl R. Hildabrand Document #~ 21528d.1 ~ ct ~~~ _._ a ~. tr: ,n . .. ~ ,~ Ci,?= -.~w tTs '.j,...~ C7 =- r7 ; ~ f..t DR 30940 PACSES ID 793103741 CATHERINE R. McKELVEY, Plaintiff /Petitioner vs. GERALD J. McKELVEY, Defendant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION CIVIL ACTION -LAW NO. 01-4282 CIVIL TERM ORDER OF COURT AND NOW, this 2"d day of October, 2001, based upon the Court's determination that Petitioner's monthly net income/earning capacity is $1,486.10 per month and Respondent's monthly net income/earning capacity is $3,955.14 per month, it is hereby Ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit, $1,140.00 per month payable monthly as follows; $1,040.00 per month for alimony pendente lite and $100.00 per month on arrears. First payment due on or before the 20a` day of each month commencing on October 20, 2001. Arrears set at $1,293.00. The effective date of the order is August 10, 2001. This order considers that wife maintains medical coverage for husband at a cost of $72.95 per month. 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: Catherine R. McKelvey. 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. Unreimbursed medical expenses that exceed $250.00 annually aze to be paid 0% by the respondent and 100% by petitioner. The petitioner is responsible to pay the first $250.00 annually in unreimbursed medical expenses. Petitioner to provide medical insurance coverage. Within thirty (30) days after the entry of this order, the Petitioner shall submit 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, o£ 1) the name of the health caze 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 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 heazing de novo before the Court. DRO: R. J. Shadday BY THE COURT, Mailed copies on Petitioner ]0-3-O1 to: < Respondent Samuel Andes, Esquire Karl Hildabrand, Esquire Edward E. Gui o J. _ ~... - ®mrwemum®emxraarsuewi' ~rrnaw'rz um^sez-v:~x ~ffAp6~Wt6~' isx.S':-y n a....~. t .:,~~,;.gy ~vw.}rmaMlFNr,WRff»~ In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION CATHERINE F. McKELVEY, ) Plaintiff vs. ) 1 GERALD J. McKELVEY, ) Defendant ) DR 30940 PACSES Case No. 793103741 No. 01-4282 CIVIL TERM DEMAND FOR HEARING Date of Order: 2 October 2001 Amount: 51,040.00 per month, plus 5100.00 per month on arrears Reason (s): The order is based upon incomplete and erroneous information about the earnings and earning capacities of both parties. The order is excessive under the circumstances, given the earnings and needs of the parties. Party Filing Demand for Hearing: Samuel L. Andes Samuel .Andes Attorney for Defendant 5 October 2001 U 91\^\l V In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION CATHERINE F. McKELVEY, Plaintiff DR 30940 vs. GERALD J. McKELVEY, Defendant PACSES Case No. 793103741 No. 01-4282 CIVIL TERM DEMAND FOR HEARING Date of Order: 2 October 2001 Amount: S 1,040.00 per month, plus S 100.00 per month on arrears Reason (s): The order is based upon incomplete and erroneous information about the earnings and earning capacities of both parties. The order is excessive under the circumstances, given the earnings and needs of the parties. Party Filing Demand for Hearing: Samuel L. Andes C? -- e. ,~- , -oc~; ~°' n r:: 5 October 1 t, _ Samuel L Andes 1 . Attorney for Defendant ~~ ~=~-~~ ' .- c =• - . ,- a ;~ (T~ -< CATHERINER. MCKELVEY, Plaintiff v. GERALD J. MCKELVEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4282 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE APPEAL OF RECOMMENDED ORDER FOR ALIMONY PENDENTE LITE DATE OF ORDER: October 2, 2001 DATE OF APPEAL: October 11, 2001 REASON FOR APPEAL: Plaintiff disputes credits given to Defendant. 2. The effective date of the Order should be the date of filing of the claim for APL in Plaintiff s Divorce Complaint. 3. PlaintiffdisputesthecalculationoftheDefendant'snetincome. NAME OF PLAINTIFF/DEFENDANTREQUESTINGAPPEAL: Catherine R. McKelvey Respectfully submitted, METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Kazl R. Hildabrand, Esquire Attorney I.D. No. 30102 P.O. Box 5300 3211 North Front Street Hamsburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff Document H: 278248.1 CERTIFICATE OF SERVICE AND NOW, this ~ r day of October, 2001, I, Karl R. Hildabrand, Esquire, of Metzger, Wickersham, Knauss & Erb, P.C., attorneys for Plaintiff, hereby certify that I served a copy of the within Appeal of Recommended Order for Alimony Pendente Lite this day by depositing the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Samuel L. Andes, Esquire P.O. Box 168 Lemoyne, PA 17043 Rikki J. Shadday Cumberland County Domestic Relations Section P.O. Box 320 Carlisle, PA 17013 ~~~~ - ~ Karl R. Hildabrand Document #: 218248.7 v%- ~~~ ~= -~C, ' ~ ~ O~ 4,_ .;: ~ ~~ Eit C:. -.. -~ i 7 ~~ _ _ '"_ ~ Q ~fl. r ~ CATHERINE R. McKELVEY, Plaintiff/Petitioner vs. GERALD J. McKELVEY, Defendant/Respondent DR 30940 PACSES ID 793103741 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION CIVIL ACTION -LAW NO. 01-4282 CIVIL TERM ORDER OF COURT AND NOW, this 2"a day of October, 2001, based upon the Court's determination that Petitioner's monthly net income/earning capacity is $1,486.10 per month and Respondent's monthly net income/earning capacity is $3,955.14 per month, it is hereby Ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit, $1,140.00 a month payable monthly as follows; $1,040.00 for alimony pendente lite and $100.00 on arrears. First payment due on or before the 20s' day of each month, commencing on October 20, 2001. Arrears set at $1,293.00 as of October 2, 2001. The effective date of the order is August 10, 2001. This order considers that wife maintains medical coverage for husband at a cost of $72.95 per month. 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: Catherine R. McKelvey. 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. 4 Unreimbursed medical expenses that exceed $250.00 annually are to be paid 0% by the respondent and 100% by petitioner. The petitioner is responsible to pay the first $250.00 annually in unreimbursed medical expenses. Petitioner to provide medical insurance coverage. Within thirty (30) days after the entry of this order, the Petitioner shall submit 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 caze coverage provider(s); 2) any applicable identification numbers; 3) any cazds 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 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. oRO: R. J. Shadday BY THE COURT, Edward E. Guido J. c. - ;, ~. ~ ~~G; __~ ~,-.. ,, _F~,_~ ' rv :-j ~? . t „_ r`'~ __ `c- ..~ a ~L C' _ 1'i ~~~ _. t j .L: -~:. ~~ ~ ".-. .+a,knsm~xwe~aa~~beY.~. R3k1.mF.sraRy ..~.,..= a r.,;s?i.~5>ems_.i~`:9F%+~~'SMR -. .~as CATHERINE R. McKELVEY, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :DOMESTIC RELATIONS SECTION GERALD J. McKELVEY, PACSES NO: 793103741 Defendant NO.O1-4282 CIVIL, TERI/I CATHERINE R McKELVEY, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :DOMESTIC RELATIONS SECTION GERALD J. McKELVEY, :PACSES N0: 529103592 Defendant NO. 525 SUPPORT 2001 INTERIM ORDER OF COURT AND NOW, this 29th day of November, 2001, upon consideration of the Support Master's Report and Recommendation, acopy of which is attached hereto as Exhibit "A", it is ordered and decreed as follows: 1. The effective date of the order docketed to 01-4282 Civil Term dated October 2, 2001, shall be July 13, 2001. In all other respects said order is affirmed. 2. The right of the Defendant to challenge the earning capacity of the Plaintiff is preserved and shall not be deemed waived in any future proceedings. 3, The Plaintiff s complaint for spousal support docketed to 525 Support 2001 is deemed withdrawn. The parties are hereby advised that they may file written exceptions to the Support Master's Report and Recommendation within ten (10) days of this order. Exceptions shall conform with the requirements of Rule 1910.12(f), Pa. R.C.P. If written exceptions are filed by any party, the other party may file exceptions within ten (10) days of the date of service of the original exceptions. If no exceptions are-filed within ten (10) days of this interim order, this order shall then constitute a final order. By the Court; ° """°~°° ~`~ Y ~• ~3r~ u .rc. Edward E. Guido, J. CC: Catherine R. McKelvey Gerald J. McKelvey Karl R. Hildabrand, Esquire Samuel L. Andes, Esquire DRO CATHERINE R. McKELVEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. :DOMESTIC RELATIONS SECTION GERALD 7. McKELVEY, PACSES NO: 793103741 Defendant NO. 01-4282 CIVIL TERM CATHERINE R. McKELVEY, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :DOMESTIC RELATIONS SECTION GERALD J. McKELVEY, :PACSES N0: 529103592 Defendant NO. 525 SUPPORT 2001 SUPPORT MASTER'S REPORT AND RECOMMENDATION A hearing having been scheduled before the undersigned Support Master for December 4, 2001, and the parties through their respective counsel having reached an agreement, the following report and recommendation are made: FINDINGS OF FACT 1. The Plaintiff is Catherine R. McKelvey, whose mailing address is P.O. Box 541, Mechanicsburg, Pennsylvania. 2. The Defendant is Gerald J. McKelvey, who resides at 933 Willcliff Drive, Mechanicsburg, Pennsylvania. 3. The parties are husband and wife having been married on November 4, 1967. 4. The Plaintiff filed a complaint in divorce docketed to 01-4282 Civil Term on July 13, 2001. S. The Plaintiff filed a complaint for spousal support docketed to 525 Support 2001 on June 29, 2001. 6. A recommended order of support was entered on October 2, 2001, ordering the Defendant to pay the sum of $1,040.00 per month as alimony pendente lite. 7. Both parties have filed demands for a hearing de novo. Exdri6it "A.. 8. A hearing has been scheduled for December 4, 2001, at 2:30 p. m. before the Support Master. 9. The parties have reached an agreement to withdraw their respective demands for hearing and to resolve all issues of dispute as set forth in correspondence of counsel attached hereto as Exhibits "A," "B" and "C." RECOMMENDATION The effective date of the order docketed to 01-4282 Civil Term dated October 2, 2001, shall be July 13, 2001. In all other respects said order is affirmed. 2. The right of the Defendant to challenge the eazning capacity of the Plaintiff is preserved and shall not be deemed waived in any future proceedings. 3. The Plaintiff s complaint for spousal support docketed to 525 Support 2001 is deemed withdrawn. Michael R. Rundle Support Master ~1 ',j`u'g jG'7~ 1~~2~f{. ~` t ~~ ~ ~~ 11 3211 North Front Sheet P.O. F3ox 5300 Hazrisburg, PA 77710-03DC October 9, 2001 n7-23s-als7 Fax: 777-234-9478 Other Offices Colonial Park 717-652-7020 R. J. Shadday MecJ~anicsb~ag Cumberland County Domestic Relations Section n7-691-ss77 Shippensburg 13 North Hanover Street 717-sao-7sls Carlisle, PA 17013 Re: Catherine R. McKelvey v. Gerald J. McKelvey Docket No. 525-5-2001 PACSES No. 529103592/30792 Dear Ms. Shadday: The parties have reached agreement with respect to the above matter as follows: (a) The APL shall be effective as of July 13, 2001. (b) Mrs. McKelvey will withdraw her Application for Spousal Support. Please advise if you require anything further to effectuate this agreement of the parties. Thank you. Very truly yours, METZGER, WICKERSHAM, KNAUSS & ERB, P.C. ~~ Karl R. Hildabrand KRH:cI cc: Samuel L. Andes, Esquire Catherine R. McKelvey ExGulri~ "A'• Documen! N.' 2780/0.1 James E Carl Edward E. Knauss, IV" Jered L. Hock Karl R. Hildabrand"* Steven P Miner Clark Detiere E. Ralph Godfrey Ste-oen C Courtney Francis J. Lafferty, IV David H. Martineau Andrew W. [VorEleet Steven C Skoff Melissa L. Srickel " Borr~d Ceriifje~! in civil hial hero and advomcy bV the Nvhbnn/Gourd af`Prial Ad~aca~y ACT l ~ ._.~. ~)~~~~• SAMUEL L. ANDES LjOT ~ J +~~ - ATT08NEY AT LAW 525 NORTH TWELFTH STREET P. O. HOX 1G8 LEMOYNE, PENNSYLVANIA 17043 22 October 2001 Rikki Shadday Domestic Relations Office P.O. Box 320 Carlisle, PA 17013 RE: Dear Rikki: Catherine McKelvey vs. Gerald J. McKeivey PACSES 793103741 TELEPHONE (]I]) ]61-5361 FnX (T!]) T61-1435 As you recall I represent Gerald McKelvey in the above matter. I write in response to Karl Hildabrand's letter of 9 October 2001. Karl's letter is fine as far as it went, but we have agreed to one or two more points. Specifically: 1. Mr. McKelvey will withdraw the appeal he filed to your recommended order. 2. The parties agree, however, that Mr. McKelvey reserves the right to challenge his wife's earning capacity in the future and that, withdrawing his appeal and accepting the order you recommended, shall not be deemed or treated by anyone, or by the court, as a waiver of that issue. We believe Mrs. McKelvey has an earning capacity far greater than her present employment, but we have agreed to pay APL on the basis of her present earnings and litigate the issue of her earning capacity later. I sent a copy of this letter to Karl and I expect you will hear from him promptly if this letter does not accurately state our agreement. When you hear from him, if this is satisfactory, you may discontinue my client's appeal, amend the APL order to take effect 13 July 2001, and terminate Mrs. McKelvey's claim for spousal support. Thank you for your cooperation. Sincerely, a L. n es le cc: Karl Hildabrand, Esquire Gerald i+4cKelvey t..l_ .'I_ .'i. IIDN November 28, 2001 Rikki J. Shadday Cumberland County Domestic Relations Section 13 North Hanover Street Carlisle, PA 17013 Re: Catherine R McKelvey v. Gerald J. McKelvey Docket No. 525-S-2001 PACSES No. 529103592/30792 Dear Rikki: On or about October 11, 2001, Catherine McKelvey filed an appeal from the Recommended Order for Alimony Pendente Lite in the above matter. This agpeal was filed because Mr. McKelvey had filed an appeal and although negotiations were under way for his withdrawal of the appeal, a final agreement had not yet been reached. That agreement has now been reached and I concur in Mr. Andes' letter to you of November 20, 2001. Accordingly, on behalf of Mrs. McKelvey, we are requesting that her appeal of the Recommended Order for Alimony Pendente Lite be withdrawn. Accordingly, we aze requesting that the conference presently scheduled for Tuesday, December 4, 2001, at 2:30 p.m. be cancelled. Thank you. Very truly yours, METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Karl R. Hildebrand Karl R. Hildebrand KRH:cI cc: Samuel L. Andes, Esquire Catherine R. McKelvey Mike Rundle, Esquire Exhibit "C" ~ ~ ~~ a ! ~ : rn r= ~. . ' ~ =~ ~-, -,-i c.~ n ~~ - ~-~ ~ , - - ,- t _ --, "~- -° t> w ..- CATHERINE R. McKELVEY, Plaintiff vs. GERALD J. McKELVEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PACSES 793103741 DR 30940 NO. 01-4282 CIVIL TERM PETITION TO REDUCE. TERMINATE, OR SUSPEND ALIMONY PENDENTE LITE AND NOW comes the above-named Defendant, by his attorney, Samuel L. Andes, and petitions the Court to suspend, terminate, or reduce the order of alimony pendente lite in this matter based upon the following: 1. The Petitioner herein is the Defendant. The Respondent is the Plaintiff. 2. By an order dated 2 October 2001, this Court ordered the Defendant to pay alimony pendente lite in the amount of $1,040.00 per month. 3. Since the entry of that order, the financial circumstances of the parties have changed drastically and, as a result, the order should be suspended; terminated or reduced for the following reasons: A. The order was based upon the court's calculation that the Defendant's earnings were $3,955.14 per month. B. Defendant is aself-employed consultant and lobbyist and his gross and net income have been significantly reduced as a result of the loss or modification of his engagement by his clients. At the present time, his 1 monthly gross income, before all expenses, is slightly less than one-half of the amount of income on which the order is based. C. Defendant's expenses, both to operate his business and his living expenses, have not declined at the same rate as his income and he is no longer able to pay alimony pendente lite. 4. For the above reasons, Defendant prays this Court to suspend, terminate, or significantly reduce the award of alimony pendente lite in this matter. Sa el L. Andes Attorney for Plaintiff Supreme Court ID 17225 525 North 12th Street Lemoyne, PA 17043 (717) 761-5361 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). DATE:-~~- 1 ZUU Z ~- 2 ~! CERTIFICATE OF SERVICE I hereby certify that on ~j -Q-, 2002 I served a copy of the foregoing document upon counsel for Plaintiff by U.S. Mail, postage prepaid, addressed as follows: Karl J. Hildabrand, Esquire P.O. Box 5300 Harrisburg, PA 17110-0300 S u L. An e Attorney for Defendant Supreme Court ID 17225 525 North 12"' Street Lemoyne, PA 17043 3 _u: c; ~ ~ ; _~ ,, , , ~ ~ .~- ' ` _ r_ ~~ ~~,; ,~~ _ :~ `, __ ~w ~ __ T- ; _ ~ -- t.__ __ .. y` t ~ C~ - f iY~ . ., ~ /~, ( 4.1 Catherine R McKelvey, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION -DIVORCE NO. 2001-4282 CIVIL TERM Gerald J. McKelvey, IN DIVORCE DefendanURespondent/Petitioner DR# 30940 Pacses# 793103741 ORDER OF COURT AND NOW, this 13`s day of February, 2002, a petition has been filed against you, Catherine McKelvey, to reduce, terminate or suspend an existing Alimony Pendente Lite Order. You are ordered to appeaz in person at the Domestic Relations Section, 13 North Hanover Street, Cazlisle, Pennsylvania, on March 22. 2002 at 9:00 A.M. for a conference and to remain until dismissed by the Court. If you fail to appear as provided in this Order, an Order of Court maybe entered against you. You are further ordered to bring to the conference: (1) a true copy of your most recent Federal-Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by the Rule 1910.11. (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appeaz for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, George E. Hoffer, President Judge Copies mailed 2-13-02 to:< Petitioner Respondent Kazl Hildabrand, Esquire Samuel Andes, Esquire Date of Order: Febmarv 13, 2002 ~x~ ~~ R J. Shadday, Conference Offs r YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 Ipw awmra~aenarmsr. *~c~wrrn~sss._. ~r4vww+ .:-fix ~v u.. .~~r?T~t~3~xR&YFlY~Lbs~ .. _."' CATHERINE R. McKELVEY, IN THE COURT OF COMMON PLEAS OF Plaintiff/PetitionerlRespondent CUMBERLAND COUNTY, PENNSYLVANIA VS, CIVIL ACTION -DIVORCE . NO. 2001-4282 CIVIL TERM GERALD J. McKELVEY, IN DIVORCE Defendant/R.espondeirt/Petitioner DR# 309A0 Pacses# 793103741 ORDER OF COURT AND NOW, this 22"d day of March, 2002, based upon the Court's determination that Petitioner's monthly net income/earning capacity is $1,419.12 and Respondent's monthly net income/earning capacity is $2,459.30, it is hereby Ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit, $468.00 per month payable montly as follows; $468.00 for alimony pendente lite and $0.00 on arrears. First payment dueApril 2, 2002. Arrears set at $69.84. The effective date of the order is February 2, 2002. Husband is under a continuing obligation to report any additional income. This order considers that Wife maintains medical coverage for Husband at a cost of $82.90 per month. 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: Catherine R. McKelvey. 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. Unreimbursed medical expenses that exceed $250.00 annually are to be paid 0% by the husband and 100% by the wife. The wife is responsible to pay the first $250.00 annually in unreimbursed medical expenses. Wife to provide medical insurance coverage. `Within thirty (30) days after the entry of this order, the wife shall submit 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. This Order shall become final ten days after the mailing of the notice of the entry of the Otder to the parties unless either party files a written demand with the Prothonotary for a hearing de novo before the Court. DRO: R. J. Shadday BY THE COURT, Mailed copies on Petitioner 3-25-02 to: < Respondent Karl Hildebrand, Esquire Samuel Andes, Esquire Edward E. Guido J. C" C. _ t`,`i ~ j ^~ ~~ '~ ~ ~7 . '~ : ., ~~ _,~ 1 ~,-; u ne CATHERINE R. MCKELVEY, Plaintiff v. GERALD L. MCKELVEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.01-4282 Civil Term CIVIL ACTION -LAW COMPLAINT IN DIVORCE PRAECIPE FOR WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Please withdraw the appearance of Metzger, Wickersham, Knauss & Erb, P.C. in the above matter. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Steven P. Miner Attorney I.D. No. 38901 3211 North Front Street Harrisburg, PA 17110 (717)238-8187 PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of undersigned counsel on behalf of Plaintiff, Catherine R. McKelvey. Respectfully submitted, NESTICO, DRUBY & HILDABRAND, LLP ~`~P~<~~ By: arl R. Hildabrand, Esquire Attorney I.D. No. 30102 840 East Chocolate Avenue Hershey, PA 17033 (717)533-5406 ., CERTIFICATE OF SERVICE I, Karl R. Hildabrand, of the law firm of Nestico, Druby 8v Hildabrand, L.L.P., hereby certify that on the 2 ~ day of August, 2002, a copy of the foregoing document was sent via First Class U.S. Mail, postage paid, to the following: Samuel L. Andes, Esquire 525 North Twelfth Street PO Box 168 Lemoyne, PA 17043 ~`""`~C---`-'~~-~ Karl R. Hildabrand ;,~~.~. ~ ~ Cn ~- ,sa ~ 'S; E;;: rr1 't'. :' Z'"- ~ -; m ` _ ~ ` C : ~ ~ ~C~ -*. --~t7 r - '.. tT4 ~ 37 -'G Cn? -G f nmaams ~u~nrt [msrt+wr.~avs ~a~.~rz.~ ~ r„,:~:; .~. ~,, :. ,N..:.;tm.- _.. ."'~ In the Court of Common Pleas of CUMBERLAND County, PEnnsylvania CATHERINE F. McKELVEY, Plaintiff vs. GERALD J. McKELVEY, Defendant CIVIL ACTION -DIVORCE NO. 2001-4282 CIVIL TERM DR # 30940 PACSES # 793103741 DEFENDANT'S PETITION TO REDUCE OR TERMINATE ALIMONY PENDENTE LITE AND NOW comes the above-named Defendant, by his attorney, Samuel L. Andes, and petitions the court to reduce or terminate the present order of alimony pendente lite, based upon the following: 1. The Petitioner herein is the Defendant. The Respondent herein is the Plaintiff. 2. On 22 March 2002 this court entered an order requiring the Defendant to pay alimony pendente lite for the Plaintiff in the amount of $468.00 per month. A copy of that order is attached hereto and marked as Exhibit A. 3. Since the entry of that order, Defendant's income has declined significantly, through no fault of his own, because of the loss of various business contracts which existed at the time of the said order. 4. As a result of the reduction of Defendant's income he is no longer able to pay alimony pendente lite and believes that the present order should be terminated or significantly reduced to reflect the parties' earnings. WHEREFORE, Defendant prays this court to terminate or reduce the alimony pendente lite he is obligated to pay to Plaintiff in this matter. S-a~e~Ly A~~id~~ " Attorney for Defendant Supreme Court ID # 17225 525 North 12"' Street Lemoyne, Pa 17043 (717) 761-5361 VERIFICATION I verify that the statements made in this Petition are true and correct. 1 understand that any false statements in this Petition are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities. Date: ~~ 2~tS~ CATHERINE R. McKELVEY, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTYON -DIVORCE NO. 2001-4282 CIVIL TERM GERALD J. McKELVEY, IN DIVORCE Defendant/Respondent(Petitioner DR# 30940 Pacses# 793103741 ORDER OF COURT AND NOW, this 22"d day of March, 2002, based upon the Court's determination that Petitioner's monthly net income/earning capacity is $1,419.12 and Respondent's monthly net income/earning capacity is $2,459.30, it is hereby Ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit, $468.00 per month payable montly as follows; $468.00 for alimony pendente lite and $0.00 on arrears. First payment dueApril 2, 2002. Arrears set at $69.84. The effective date of the order is February 2, 2002. Husband is under a continuing obligation to report any additional income. This order considers that Wife maintains medical coverage for Husband at a cost of $82.90 per month. 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: Catherine R. McKelvey. 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. Unreimbursed medical expenses that exceed $250.00 annually are to be paid 0% by the husband and 100% by the wife. The wife is responsible to pay the first $250.00 annually in unreimbursed medical expenses. Wife to provide medical insurance coverage. Within thirty (30) days after the entry of this order, the wife shall submit 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. This Order shall become final ten days after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Prothonotary for a hearing de novo before the Court'. DRO: R. J. Shadday BY THE COURT, Mailed copies on Petitioner 3-25-02 to: < Respondent ...~""",..~e.,:.,~.~, -•.. Kazl Hildebrand, Esquire .~.y Samuel Andes, Esquire <.~,--. ~- " ' ,~~ x Edward E. Guido J. CERTIFICATE OF SERVICE I hereby certify that I served an original of the foregoing Petition upon counsel for the Plaintiff herein by regular mail, postage prepaid, addressed as follows: Karl R. Hildabrand, Esquire 840 East Chocolate Avenue Hershey, Pa 17033 Date: 7 July 2003 t~ `y}'J, ~/,ti2~~ Am~P/y .Harkins Secretary for Samuel L. Andes ~~' : U r~ ,J ~: . ~. ~, :,' - (~, i _ r-~. r7 •~ .1 ~. "S I CATHERINE R. MCKELVEY, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 01-4282 CIVIL TERM GERALD J. MCKELVEY, Defendant IN DIVORCE NOTICE TO a~ttT;arnrr*r If you wish to deny any of the statements set forth in this Affidavit, you must file a Counter Affidavit within twenty (20) days after this Affidavit has been served on your or the statements will be admitted. DEFENDANT'S AFFIDAVIT UNDER SECTION 3301 Id- OF THE DIVORCE CODE 1 . The parties to this action separated on or about 22 June 2001 and have continued to live separately and apart for a period of at (east two years. 2. The marriage is irretrievably broken. 3. I understand that 1 may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to ate+ti,,.;+~e~ Date: 23 June 2003 r CERTIFICATE OF SERVICE I hereby certify that I served an original of the foregoing Notice upon counsel for the Plaintiff herein by regular mail, postage prepaid, addressed as follows: Karl R. Hildabrand, Esquire 840 East Chocolate Avenue Hershey, Pa 17033 Date: 7 July 2003 (~t/~[.if ~/YJ. ~~~Q~iklit4~ Amy .Harkins Secretary for Samuel L. Andes _, <; ri ._~ ~T''V ry CJ .l~J y. rr _~ rte. '~L ~~r~ ~' ;n ~ ,^ ~~ "~ CATHERINE R McKELVEY IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner/Respondent CUMBERLAND COiJNTY, PENNSYLVANIA VS. CIVIL ACTION -DIVORCE NO. 2001-4282 CIVII. TERM GERALD J. McK:ELVEY, IN DIVORCE DefendantrRespondent/Petitioner Pacses# 793103741 ORDER OF COURT AND NOW, this 22"d day of October, 2003, upon consideration of the attached Petition for Alimony Pendente Lite and/or counsel fees, it is hereby duected that the parties and their respective counsel appear before R.J. Shaddav on November 10.2003 at 10:30 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, afrer which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11© (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, George E. Hoffer, President Judge Mail copies on Petitioner 10-22-03 to: < Respondent Samuel Andes, Esquire Karl Hildabrand, Esquire ~. Date of Order: October 22, 2003 ~~~ ~ ~ ~ .I/~- ~ - r JL j~ °~ . ShaStday, Conference Officer / YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 CC361 ... 1 f f ' ::' l.1 t' _:~ c ~,, ~, r7 J -~ _-_ / ti) tl f~ /.~ ..... l '~, 4'` ~ •J ,. .J. ~ _ r... ~' __.. = Il 'r " _ -: t'i 't r^- f'~ ,Y,3 n v t .,:_~ ~,a.n`±.znxirer "•Fq:t{s3T:.~TI i~F~,t"~~n~r4ex. Pl _ d ~rcnras~e®rMMe~, P84~' ems: ,_M= _ R _- _ In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION CATHERINE R. MC KELVEY ) DOCket Number 01-4282 CIVIL Plaintiff ) V5, ) PACSES Case Number 793103741 GERALD J. MC KELVEY ) Defendant )Other State ID Number ORDER AND NOW, t0 Wlt, On th1S 10TH DAY OF NOVEMBER, 2003 IT IS HEREBY ORDERED that the support order in this case be Q Vacated or ®Suspended or Q Terminated without prejudice or Q Terminated and Vacated, effective JULY s , z o 03 ,due to: THE DEFENDANT'S LOWER INCOME THROUGH NO FAULT OF HIS OWN. THE ALIMONY PENDENTE LITE IS SUSPENDED WITH A CREDIT OF $1,145.42. DEFENDANT IS UNDER OBLIGATION TO REPORT ANY NEW EMPLOYMENT TO THE PLAINTIFF AND THE DOMESTIC RELATIONS SECTION WITHIN FIVE DAYS UPON HIRE. DRO: RJ Shadday xc: plaintiff defendant Sarmiel Andes, Esquire Karl Hildebrand, Esquire BY THE COURT: ...+~ Edward E. Guido .ILIDGE ii-~a ~ oa Service Type M Form 0E-504 Worker ID 21005 C) ~~y C ~:.,. - 'C1 Vii;:: .::,~ qtr- ~ _,. {` ~a'; ~~ v ~~ < .; ~ ~ S] ~ r~0 ® x4~naziziN.c:sr -°"wTl%mp~- _ ~~mo- ,..,.r.. ~~ .r -,m.vgz~ww~yw~k ~n~'^~~rt w, W"fti"w~s~RAA4"Xf1&i~N _ _~'f