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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
PENNA.
STATE OF
BRENDA S. FAHNESTOCK
No.
01 - 6934
CIVIL
Plaintiff
VERSUS
ELLIS J. FAHNESTOCK
Defendant
DECREE IN
DIVORCE
AND NOW,~{.9. L~
, 7.<J>f, IT IS ORDERED AND
BRENDA S. FAHNESTOCK
, PLAINTIFF,
DECREED THAT
ELLIS J. FAHNESTOCK
, DEFENDANT,
AND
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED~~
TI:IE PARTIES' MARITAL SEITLEMENT AGREEMENT DA'T'RI) FRRR[JARY ", ?OO"
IS INCDRPORATED HEREIN AS A FINAt ORDER OF CDURT,
JURISDIcr ON 'ill DIVIDE TI:IE F
./
AmST'~
PROTHONOTARY
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BRENDA S. FAHNESTOCK,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
ELLIS J. FAHNESTOCK,
Defendant
NO. 01 - 6934
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 Section 3301 (C) of the
Divorce Code.
2. Date and manner of service of the Complaint: Defendant acknowledged receipt
and accepted service of the complaint on December 11, 2001.
3. (complete either paragraph (a) or (b).)
A. Date of execution of the affidavit of consent required by Section
3301 (c) of the Divorce Code: by Plaintiff on February 13, 2003; and Defendant on
February 5, 2003.
B. (1) date of execution of the Plaintiff's Affidavit required by Section
3301 (d) of the Divorce Code:
(2) date of service of the Plaintiff's Affidavit upon the Defendant:
4. Related claims pending: None.
5. Indicate date and manner of service of the notice of intention to file praecipe to
transmit record, and attach a copy of said notice under section 3301 (d)(1 )(i) of the Divorce
Code: None.
Respectfully submitted,
-12M~~
Robert L. O'Brien, Esquire
Date:
ZlZl./1'
,2003
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BRENDA S. FAHNESTOCK,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 2001- "73'1
CIVIL ACTION-LAW
IN DIVORCE
CIVIL TERM
ELLIS J. FAHNESTOCK,
Defendant
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in court. If you wish to defend against the claims set forth
in the following pages, you must take prompt action. You are warned that if you fail to
do so, the case may proceed without you and a decree of divorce or annulment may be
entered against you by the court. Ajudgment may also be entered against you for any
other claim or relief requested in these papers by the Plaintiff. You may lose money or
property or other rights important to you, including custody or visitation of your children.
When the ground for the divorce is indignities or irretrievable breakdown of the
marriage, you may request marriage counseling. A list of marriage counselors is
available in the Office of the Prothonotary at the Cumberland County Court House,
Carlisle, Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY,
COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR
ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU
DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
Telephone: (717) 249-3166
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BRENDA S. FAHNESTOCK,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2001- t. 93,/ CIVIL TERM
CIVIL ACTION-LAW
IN DIVORCE
v.
ELLIS J. FAHNESTOCK,
Defendant
COMPLAINT UNDER SECTIONS 3301(C) AND
3301 (0) OF THE DIVORCE CODE
1. Plaintiff is Brenda S. Fahnestock, an adult individual with a current
mailing address of 36 West Pomfret Street, Apartment 2, Carlisle, Cumberland County,
Pennsylvania.
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2.
Defendant is Ellis J. Fahnestock, an adult individual who currently resides
at 26 Chestnut Street, Mount Holly Springs, Cumberland County, Pennsylvania.
3. Plaintiff and Defendant have been bona fide residents in the
Commonwealth of Pennsylvania for at least six months immediately previous to the
filing of this Complaint.
4. The Plaintiff and Defendant were married on October 15, 1977, in
Cumberland County, Pennsylvania.
COUNT I - DIVORCE
5. Plaintiff hereby incorporates by reference paragraphs 1 through 4 above.
6. There have been no prior actions of divorce or for annulment between the
parties as to their current marriage.
7. Neither Plaintiff nor Defendant is in the Armed Forces of the United
States.
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8. Plaintiff avers that the marriage between the parties is irretrievably
,
I broken.
9. The Plaintiff has been advised of the availability of counseling and that
she may have the right to request that the court require the parties to participate in
counseling.
WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a
decree in divorce.
COUNT II -EQUITABLE DISTRIBUTION
10. Plaintiff hereby incorporates by reference paragraphs 1 through 9 above.
11. The parties have acquired real and personal property, including real
estate, retirement benefits, automobiles, bank accounts and other items of property
during the course of their marriage, some of which is marital property.
WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a
decree which effects an equitable distribution of marital property.
COUNT III -ALIMONY. ALIMONY PENDENTE LITE.
12. Plaintiff hereby incorporates by reference all of the averment.s in
paragraphs 1 through 11 of this Complaint.
13. Plaintiff has employed counsel but is unable to pay the necessary and
reasonable attorney's fees for said counsel.
14. Plaintiff is unable to sustain herself during the course of this litigation.
15. Plaintiff will be in need of alimony to sustain herself following the entry of
a divorce decree.
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WHEREFORE, Plaintiff requests your Honorable Court to enter an award of
'counsel fees, costs, alimony pendente lite and to further award such alimony as may be
deemed appropriate.
Respectfully submitted,
O'BRIEN, BARIC & SCHERER
By:
'-- }<~tJ o.
Robert L. O'Brien, Esquire
Attorney for Plaintiff
1.0. # 28351
17 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
rlo.dir/clients/fahnestock/divorce.com
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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.
C.S. 34904, relating to unsworn falsification to authorities.
Date:
Y3/l fJ{ d-a.,J !JJkuj;T~~
Brenda S. Fahnestock
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vs.
IN THE COURT OF COMMON P'-EAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-6934 CIVIL TERM
BRENDA S. FAHNESTOCK,
Plaintiff
ELLIS J. FAHNESTOCK,
Defendant
IN DIVORCE
AFFIDAVIT OF CONSENT, ACCEPTANCE OF SERVICE AND
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF
DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE
1. A complaint in divorce under Section 3301 (C) of the Divorce Code was filed
on December 10, 2001.
2. Defendant acknowledged receipt and accepted service of the Complaint on
December 11, 2001.
3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety
days have elapsed from the date of the filing of the Complaint.
4. I consent to the entry of a final decree in divorce without notice.
5. 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.
6. I understand that I will not be divorced until a Divorce Decree is entered by
the Court and that a copy of the Decree will be sent to me immediately after it is filed with
the Prothonotary.
7. I have been advised ofthe availability of marriage counseling and understand
that I may request that the court require counseling. I do not request that the court require
counseling.
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: :;./J'1/p1
l-/OJLu.d/! ,d. f;aju f m(j)
Brenda S. Fahnestock
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WAYNEF.SHADE
Attorney at Law
53 West Pomfret Street
Carlisle, Pennsylvania
17013
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BRENDA S. FAHNESTOCK,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
: CIVIL ACTION - LAW
v.
: NO. 01-6934 CIVIL TERM
ELLIS J. FAHNESTOCK,
Defendant
: IN DIVORCE
AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE
OF INTENTION TO REQUEST ENTRY OF A
DIVORCE DECREE UNDER ~3301(c)
OF THE DIVORCE CODE
COMMONWEALTH OF PENNSYLVANIA)
) SS:
COUNTY OF CUMBERLAND )
1.
A Complaint in Divorce under ~3301(c) of the Divorce Code with Notice of
Availability of Counseling was filed on December 10, 2001, and served on December 11,
2001.
2.
The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90)
days have elapsed from the date of filing and service of the Complaint.
3.
I consent to the entry of a Final Decree of Divorce without notice.
4.
I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses ifI do not claim them before a divorce is granted.
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WAYNEF. SHADE
Attorney at Law
53 West F'omtfet Street
Carlisle, !Pennsylvania
17013
5.
I understand that I will not be divorced until a Divorce Decree is entered by the
Court and that a copy of the Decree will be sent to me immediately after it is filed with
the Prothonotary.
6.
I have been advised of the availability of marriage counseling and of my right to
counseling and understand that I may request that the Court require that my spouse and I
participate in counseling.
7.
I understand that the Court maintains a list of marriage counselors in the Domestic
Relations Office, which list is available to me upon request.
8.
Being so advised, I do not request that the Court require that my spouse and I
participate in counseling prior to a Divorce Decree's being handed down by the Court.
9.
I verify that the statements made in this Affidavit are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
~4904 relating to unsworn falsification to authorities.
Date: February 5, 2003
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Ell J. F estock
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BRENDA S. FAHNESTOCK,
Plaintiff
: IN THE COURT OF COMMO~ PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 2001-
CIVIL TERM
ELLIS J. FAHNESTOCK,
Defendant
CIVIL ACTION-LAW
IN DIVORCE
ADDENDUM
The parties to the Property Settlement And Separation Agreement dated
February 5, 2003 between the parties is modified to remove Paragraph 3.02 (f), in
reference to the family photographs. The parties agree that the equitable division of the
family photographs will be retained by the Court and Divorce Master.
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Brenda S. Fahnestock
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vs,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-6934 CIVIL TERM
BRENDA S. FAHNESTOCK,
Plaintiff
ELLIS J. FAHNESTOCK,
Defendant
IN DIVORCE
CERTIFICATE OF SERVICE
I, Robert L. O'Brien, Esquire, attorney for the Plaintiff in the above-captioned divorce
action, do hereby certify that I served a certified copy of the Complaint in Divorce to the
Defendant, as per the attached U.S. Postal Service Certified Mail, return receipt card.
O'BRIEN, BARIC & SCHERER
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Robert L. O'Brien, Esquire
DATE:
2/2/
,
,2003
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. Complete ltel1ls 1'0',2; and's. Als({~~~pi~t~
item 4'if,~~triet~d DeRvery is'desired.
'~ Print your name- and address on the reverse
so that we t:ah return the card to you.
, . Attach this card to the back of the mail piece
. or on the front if space permits. '
1. Article Addressed to:
Ellis J. Fahnesr-oc/L
OlLP Ch~thut Strret-
"'if. ~1,ly Sprinss I PA
1701.:6
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3.~ice Type .
Certified Mail 0 Express Mail ,
Registered 0 Return Reqeipt for Merchandise
o lnsu,red Mail 0 C.O.D. "'
4. Restricted Delivery? (Extra Fee)
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Pll'lfofrm 1111 n Iylf,$lg" ;-.' ;, J , "
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WAYNEF.SHADE
Attorney at Law
53 West Pomfret Street
Carlisle, Pennsylvania
17013
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BRENDA S. FAHNESTOCK,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
: CIVIL ACTION - LAW
v.
: NO. 01-6934 CIVIL TERM
ELLIS J. FAHNESTOCK,
Defendant
: IN DIVORCE
HUSBAND'S PRE-TRIAL STATEMENT
PURSUANT TO PA.R.C.P. 1920..33
I. MARITAL ASSETS
Husband lists the following marital assets with the following values for equitable
distribution purposes:
A. House and lot of ground known and numbered as 26 Chestnut
Street Mt. Holly Springs, Pennsylvania
B. 1994 Ford Motor Home
,C. Husband's Daily Express profit sharing account
D. Husband's Daily Express frozen bond fund
E. Husband's Baltimore Life insurance cash value
F. Wife's Scudder Investments account
G. Husband's 1991 Jeep
TOTAL
II. NON-MARITAL ASSETS
Neither of the parties has any non-marital assets of any significant value.
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$70,000
23,600
127,200
31,500
4,700
4,200
1.500
$262,700
If
WAYNEF. SHADE
Attorney at Law
53 West Pomfret Street
Carlisle, Pennsylvania
17013
III. HUSBAND'S EXPERT WITNESSES
If the parties are unable to agree on the value of the marital dwelling, Husband will
call Steven W. Barrett to testifY as to the value ofthe marital dwelling.
IV. HUSBAND'S NON-EXPERT WITNESSES
A. Husband will testifY on his own behalf as to all matters in issue.
B. Husband reserves the right to present the testimony of any non-expert or expert
witness listed in the Pre-Trial Statement of the other party herein or in any other
document produced in this matter.
C. Husband reserves the right to present any impeaching or contradicting evidence
which may be necessitated by testimony of the other party herein or witnesses of the
other party herein.
V. EXHIBITS
Husband reserves the right to introduce any of the following exhibits at trial;
A. Tax assessment for 26 Chestnut Street, Mt. Holly Springs, Pennsylvania
B. Husband's Daily Express profit sharing statements showing balances as of
January 1,2000, December 31,2000, December 31, 2001, and June 30, 2002
C. Husband's Daily Express frozen bond fund statement of June 30, 2002
D. Husband's Baltimore Life Insurance cash value
E. Wife's Scudder Investment statement of December 31, 2001
F. Kelly Blue Book value of Husband's Jeep
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WAYNE F. SHADE
Attorney at Law
53 West Pomfret Street
Carlisle, Pennsylvania
171J13
VI. INCOME
A. Husband earns $3,000 per month gross from his primary employment as a
mechanic at Daily Express. He also earns approximately $1,100 per month gross
working an additional twenty hours per week as a fire truck driver.
B. Wife's earning capacity has been determined by the Support Master to be
$2,300 per month.
VII. EXPENSES
The Expense Statement of Husband is attached hereto.
VIII. PENSION
Husband's Daily Express profit sharing account is valued for the purposes of
equitable distribution, as follows. As with nearly everyone else in the western world,
Husband's profit sharing account lost money from January 1,2000, to the present.
Copies of Husband's Daily Express profit sharing statements showing balances as of
January 1,2000, December 31, 2000, December 31,2001, and June 30,2002, are
attached hereto as exhibits. The marital portion of this account is calculated as the June
30,2002, balance of$131,762.56 minus the post-separation contributions of$I,280.57 in
2002, $2,581.92 in 200 I and one-third of the total contributions of $2,228.16 ($742.72)
in the year 2000 representing the post-separation contributions after August of2000.
This would leave a marital balance of$127,157.35.
-3-
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" ".. ,'"
"
WAYNEI'. SHADE
Attorney at Law
53 West pomfret Street
Carlisle, pennsylvania
11013
.,,~:; . ^' ,""'" r.)J~l,~e~,."",
IX. COUNSEL FEES
Where Wife has presumably expended substantial resources on counsel fees in her
unsuccessful attempt to claim spousal support, where it was established that she lied
under oath in the hearing before the Support Master on spousal support, where she was
awarded only $60 per month in alimony pendente lite and where she has refused to make
any proposals to resolve this case or respond to our proposals to resolve this case, we
maintain that Wife should be required to pay her own counsel fees from her share of
equitable distribution.
X. MARITAL DEBTS
Husband lists the following date of separation balances of marital debts:
A. M&T Bank first mortgage
B. M&T Bank home equity loan
C. Date of separation balance of family dental bills
D. Discover card
$26,700
36,400
1,400
3,400
1,200
1.400
$70,500
E. MasterCard
F. Sears card
TOTAL
XI. PROPOSED RESOLUTION
Wife was denied spousal support after hearing by the Support Master because she
left the marriage after twenty-three years without justification and without Husband's
consent. Wife is employed, and there was no indication through two separate hearings
before the Support Master that she has any impairments to her earning capacity. If
-4-
'"' ". ~.
.~
WAYNE F. SHADE
Attorney at Law
53 West Pomfret Street
Carlisle, Pennsylvania
17013
"'i1t" ,"--". ;,,~ .,,, _~~,~' ~+, ':
Husband had not worked sixty hours per week in two jobs to continue the payments on
the tens of thousands of dollars of marital debts with which Wife left him and to which
she made no contribution until the sale of the motor home, Husband's gross earnings
from his primary occupation as a mechanic at Daily Express would be $3,000 per month.
Wife's eaming capacity as assessed by the Support Master at the most recent hearing on
alimony pendente lite on July 2, 2002, is $2,300 per month.
After Wife receives her share of the marital property, which will come from
Husband's retirement, and after Husband is required to refinance the mortgage on the
marital residence, the modest middle class standard of living of the parties will be
essentially the same; and the opportunity of each of the parties for future acquisition of
income and assets will not be materially different. Neither of the parties have made any
significant contributions to the education, training or increased earning power of the
other. There are no minor children. Neither of the parties has any non-marital property
of significant value. Wife will be capable of her own support after the divorce,
particularly if she is willing to work sixty hours per week as Husband has done for years.
With his mortgage and his substantially reduced retirement fund, Husband will be unable
to afford to pay alimony.
Reduction of the total marital property by the date of separation balances of the
marital debt leaves net marital property of$192,200.
The motor home was sold and the proceeds were applied to marital debt with the
exception of$2,235.45 which remain in escrow. The first mortgage and the other marital
debts with the exception of the dental bills were paid in full in April of2002 from the
-5-
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WAYNE F. SHADE
Attorney at Law
53 West Pomfret Street
Carlisle, Pennsylvania
17013
!C":I~J!.ll.,'!<"""-1?";'J.","
proceeds of sale of the motor home. Husband would be charged with receiving the
proceeds of the motor home, including the $2,235.45 which remain in escrow. He would
be credited with paying the date of separation balances of the marital debt and would be
required to pay the existing balance of the dental bills.
We would then propose that the marital home be transferred to Husband in
connection with his refinancing the home equity loan in his name. Husband would also
keep his Daily Express frozen bond fund, life insurance cash value, motor vehicle and
$35,300 of his Daily Express profit sharing account. Wife would keep her Scudder
Investment account and receive a rollover of the remaining $91,900 of Husband's Daily
Express profit sharing account.
XII. REQUESTED STIPULATIONS
A. Values of marital property for equitable distribution purposes.
B. Date of separation balances of the marital debts.
XIII. TIME NECESSARY
Husband maintains that there should be no need for a hearing in this case at all and
that, in any event, a hearing should not require more than one-half day of testimony.
XIV. STATUS OF SETTLEMENT NEGOTIATIONS
Wife left the marriage without any justification. Wife has filed for divorce. We
promptly and voluntarily disclosed all economic information. We solicited Wife's
-6-
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WAYNE F. SHADE
Attorney at Law
53 West Pomfret Street
Carlisle, P'~nnsy[vania
17013
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proposal in writing. When we received no response, we advanced a proposal in writing
to which we have never received a response of any kind.
Date; August 15, 2002
Respectfully submitted,
Wa F.Shade,Esqurre
Supreme Court LD. #15712
53 West Pomfret Street
Carlisle, Pennsylvania 17013
Telephone: 717-243-0220
Attorney for Defendant
-7-
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Form View - public tax file 6-28-02.tp5
Page 1 of 1
Form View
public tax file 6-28-02;fp5
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District-Number 23
Pa,eeLlden'ifie, 23-32-2336-216
Map_Suffix_Nurnber
House_Number 26
Street CHESTNUT STREET
OWne'_Name_' FAHNESTOCK, JAMES & BRENDA S
Owner_Name_2
Land_Use_Code R
Property_Description
Livin9-Area 1502
Current_Land_ValuE 10000
CurreoUmprovement_Value 59240
Current_TotaLValuE 69240
CiJrrent_Preferred_ Value
Acreage .13
CleanGreen_Status
Taxable_or_Exempl 1
Sale_Amount 1
Sale_Month 03
Sale_Day 30
Sale_Century 19
Sale_Year 87
.. ./Fl\APro? -db=public%20tax%20file%206-28-02.fp5&-op=bw&House%5fNumber=26&-op=bw.7 /30/02
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DAILY EXPRESS, INC.
April 01,2002 - JUlie 30,2002
For information cull:
Vanb'llard Participant Services
(800) 523-1188
Or via the; internet at: www.vanguard.com
Page 1 of?
E. JAMES FAHNESTOCK
26 CHESTNUT ST
MT HOLLY SPRlNGS PA 17065-1305
PAlL Y EXPRESS, INC. IlMPLOYEE$' .
RET &. pS PI,AN
1'18" No.:. 092521
'Salallce
$'131,762.56 .
YOUIl AQCOUNT ,A,QTIVITY
glir;;lng~
Opening !>lIlance
. EMPLOYEE CONlRlBUllON
PROfIT SHARING CONlRIBU-n9N
. blvidends/ cllpltaigainsU
UnrE1allzed Qain/loS$
Transfers/rOllollers ill
Plan administration fees
. Clo~lng !>alan~e
VE1~..o limo~n!' .
.lli~ quarter.
$ 139,778.70
, ., --: '-- ,
"$,18(20 :.
.0.00
;,Yea'i'-to-d.ale
$135,348.58
;':;;..".".... ".' " .
'$ 332.20
948.37
C9ntrlbllllon,
Olther lriln'ilctions
$1 ,flls.54 ."
.' 9,:322.04
.$0.00
..68:94
.'. .....$2,399.69
. ..' .:,,:;10.259.51
-".",,-:;;:::::.::;-:::.,;.,,;.'
:)~;094.97
. n'c' ':'..<101.74
'$131,76:f56" .
$131,;'i;i?:56 ...
$.131,762.56
$:131,762.56
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This sect ion provides you wi th .general informat ic>nabout yiJu{- .
individual plan account. Any information labe(edas Year-to'Date
represents activity since ,january 1 of the cur.rent <::a/endar year.
Gontribut ions shown here represent money that wa~: .received during
the statement period shown above. Earnings are d€tfined as the net
change in your account value due to the reinvestment ()f dividliJnds
and/or interest as well as the change In Fund prioes. Dividends
paid by a Fund may cause a drop in the Fund pric,l. This changIiJ may
cause an unrliJa/ized loss in your Fund account. but it Is offset by
the dividend amount added to your account.
ooomfi8
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THNanguardJRour.
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DAIL V EXPRESS, INC.
October 01, 2001 - December 31 , 2001
For information call:
Vanguard Participant Services
(800) 523-1188
Or via the internet at: www.vanguard.com
Page 10f6
E. JAMES FAHNESTOCK
:!~6 CHESTNUT ST
HT HOLLY SPRINGS PA 17065-1305
DAILY EXPRESS, INC. EMPLOYEES'
RET & I'S PLAN
Plan No.: 092521
Soc. Sec. No.: 179-44-7748
Balance
$ 135,348.58
YOUR ACCOUNT ACTIVITY
lhis quarter Year-la-date
Opening balance $128,528.19 $ 115,378.63
Conltributions EMPLOYEE CONlRlBUllON $214.80 $ 353.76
PROFITSliARlNG CONlRlBUllON 0.00 2,228.16
Eamlngs Dividends/ capkal gains $ t,215.59 $ 4,677 .34
Unrealized gain/loss 5,527.93 -9,474.17
Oth.,r transactions Transfers/rollovers in $0.00 $ 22,386.99
Plan administration fees -137.93 -202.13
Closing balance $ 135,346.58 $135,348.58
Vested amount $135,348.58 $ 135,348.58
This section provides you with generat information about your
individual plan account. Any information labeled as Year-to-Date
represents activity since January 1 of the current calendar year.
Conlributions shown here represent money that was received during
the statement period shown above. Earnings are defined as the net
change in your account value due to the reinvestment of dividends
and/or interest as well as the change in Fund prices. Dividends
paid by a Fund may cause a drop in the Fund price. This change may
cause an unrealized loss in your Fund accouni, but it is offset by
the dividend amount added to your account.
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Daily Express, Inc.
Employees Retirement and Profit Sharing Plan and Trust
1072. Harrisburg Pike
Carlisle, PA 17013
E. JAMES FAHNESTOCK
26 CHESTNUT ST.
MT. HOLLY SPRINGS, PA 17065
SSN: 17,2-44-7748
Date of'Birth: 07/12/1955
Date of Hire: 04/03/1978
Beginning Balance - 04/01/2002
$29,943.96
Contributions
.0.00
Investment Income
1,585.02
Payments
0.00
Forfeitures
0.00_
Transfers
0.00
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Daily Express, Inc.
1072 Harrisburg Pike
carlisle, PA 17013
www.dailyexp.com
Tel: 717-243~S7S7
Fax: 717-240-2193
~'"'"'H.~ . r " ,~, _ -'<
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The Baltimore Life
COMPANIES
April 2, 2002
Dear Mr. Shade,
AI; per your request on April 2, 2002 received via fax, the cash value of Mr. Fahnestock's
life insurance policy as of August, 2000 was $4,743.98. Obviously, that figure is not
current as of April, 2002.
Should you require any further assistance, please don't hesitate to contact me.
Best Regards,
/~B1h
( )" .
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~ Sheaffer
The Baltimore Life Insurance Company. Life of Maryland, Inc.
40 I E. Louther Street. Suite 30 I . Carlisle. Pennsylvania 17013
Tel: (717) 243-5813 I (800) 324-5796 . Fax: (717) 243-9842 . www.baltlife.com
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January 1 - December 31,2001
.sCUDDER
INVESTMENTS
SCUj)DERTRDST COMPANY C.DST
IRAR/QBR:ENDAS FAJ1J\mSTOCK
. Page 20f 3'
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!"c:lass,A~ Inception: 03/181.88
:.Ur:iidjusti,ci 'forsales charge
,.' Adjusted fqr sales charge
1<5.39%
15.90%
10- Y.ear .,5-Year I-Year
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15.53% 11.56% . -4.59%
Scudder-Dreman High Return Equity Fund declared income dividends of $0.105, $0.030 and $0.0323 per share for Class A, B
. and C shares, payable December 21 to shareholders of record on December 19.
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Blue Book Trade-In Report
Pennsylvania' July 31, 2002
1991 Jeep Cherokee Sport Utility 40
Buva New Car
Buy a Used Car
List Your Car For Sale Online
Free Lemon Check
Financina Ouote
Insurance Ouote
Warrantv Ouote
Pavment Calculator
Engine: 6-Cyl. 4.0 Liter
Trans: Automatic
Drive: 4 Wheel Drive
Mileage: 126,000
Equipment
Air Conditioning
Power Steering
Power Windows
Power Door Locks
Tilt Wheel
Cruise Control
AM/FM Stereo
ABS (4-Wheel)
Consumer Rated Condition:
Fair
"Fair" condition means that the vehicle probably has some mechanical or
cosmetic defects, but is still in safe running condition. The paint, body and/or
interior need work to be performed by a profeSSional in order to be sold. The
tires need to be replaced. There may be some repairable rust damage. The
value of cars in this category may vary widely. A clean title history is
assumed. Even after significant reconditioning this vehicle may not qualify for
the Blue Book Suggested Retail value.
Trade-In Value
$1,465
Trade-in value represents what you might expect to receive from a dealer for
this consumer owned vehicle. Keep in mind that the dealer must then absorb
the cost of making the vehicle ready for sale, advertising, sales commissions,
arranging financing and insurance and standing behind the vehicle for any
mechanical or safety problems.
.ill~f!\~:fjl~~]~1tl
http://www.kbb.comlkb/kidll/kw.kc.ur?kbb; 14 7796&;t&39;Jeep; 1991 %20Cherokee& 12;JE;E2& 7/31/02
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In the Court of Common Pleas of Cumberland County, Pennsylvania
DOMESTIC RELATIONS SECTION
P.O. BOX 320, CARLISLE, PA 17013
Phone: (717) 240-6225
Fax: (717) 240-6248
Date:
August 16, 2002
Plaintiff Name: Brenda S. Fahnestock
Defendant Name: Ellis J. Fahnestock
Docket Number: 01016 S 2001
PACSES Case Number: 257104055
Other State ID Number:
Please Note: All correspondence must include the PACSES Case Nwnber
Income and Expense 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 in part, you must also fill out the Supplemental Income Statement which
appears on the last page of this income and expense statement.)
INCOME STATEMENT OF ELLIS J. FAHNESTOCK
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
c~iminal penalties of 18 Pa.C.S. ~4904, relating to unsworn falsification to
authorities.
Date Ellis J. Fahnestock
INCOME
Employer: Daily Express, Inc.
Address: 1072 Harrisburg Pike, Carlisle, PA 17013
Type of Work: Mechanic
Payroll No. _ Gross Pay Pl'?.r Pay Period $_ Pay Period (wkly., bi-wkly., etc.)
Itemized Payroll Deductions:
Federal Withholding $ Social Security $ Local Wag1C~ Tax $
State Income Tax $ Retirement $ Savings Bonds $
Credit Union $ Life Insurance $ Health Insurance $
Other Deductions ( specify) $ $
Net Pay per Pay Period $
Service Type M
Form IN-008
Worker 10 21202
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Income and Expense Statement
PACSES Case No.
OTHER (Fill in Appropriate Column)
INCOME
WEEK MONTH! YEAR
Interest
Dividends
Pension
, ,
Annuity
Social Security
Rents
Royalties
Expense Account
Gifts
Unemployment
Compensation
Workmen's
Compensation
IRS Refund
Other
Other
TOTAL
TOTAL INCOME
(Fill in Appropriate Column)
EXPENSES WEEK MONTH YEAR
Home:
Mortgage/Rent 571.44
Maintenance 50.00
Utilities
Electric 57.31
Gas 1. 32
Oil 154.00
Telephone 51.1S
Page 2 of 6
Form IN-OOS
Worker ID 21202
Service Type M
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Income and Expense Statement
PACSES Case No.
(Fill in Appropriate Column)
EXPENSES WEEK MONTH YEAR
(continued)
Water/Sewer 39.25
Employment:
Public
Transportation .
Lunch 100.00
Taxes:
Real Estate 161. 45
Personal Property
Income
Insurance:
Homeowners 21.50
Automobile 35.16
Life 33.50
Accident
Health
Other - Motor Home 38.58
Automobile:
Payments
Fuel 80.00
Repairs
Medical:
Doctor
Dentist 81. 25
Orthodontist
Page 3 of 6
Form IN-OOB
Worker ID 21202
Service Type M
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Income ond Expense Statement
PACSES Case No.
(Fill in Appropriate cOlumnl
EXPENSBS WEEK MONTI! YEAR
( continued)
Hospita.l
Medicine
Special needs 12.33
(glasses, braces, .
orthopedic
deviceB)
Education:
Private School ,
Parochial School
College
Religious
Personal:
Clothing 50.0q
Food 250.0~
Barber/Beautician 15.0q
Memberships
Loans:
Miscellaneous:
Household Help ,
Child Care
Papers/Books/ 15.00
Magazines
Entertoinment 30.0Q
Pay TV 34.69
,
Vacation 50.00
Page 4 of 6
Form IN-OOB
Worker 10 21202
Service Type M
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PACSES Case No.
(fill in Appropriate COlUmn)!
EXPENSES WEEK MONTH YEAR
(continued)
Gifts 30.00
Legal Fees 200.00
Charitable
Contributions -
Other Child
Support
Alimony Payments
Other:
TOTAL EXPENSES $2,162.96
PROPERTY
OWNED DESCRIPTION VALUE! H W J
Checking Accounts M&T Bank 1,600.00 X
Savings Accounts Members 1st 800.00 X
Credit Union
Bonds Frozen Bond Fund 29,453.84 X
Real Estate House 70,000.00 X
Other Vanguard 128,528.19 X
Motor home 25.000.0q X
TOTAL 255,382.0~
INSURANCE COMPANY POLICY # H W C
Hospital Blue Cross/Blue Shield QBN 179447748 X X X
Blue Cross
Other
Medical
Blue Shield
Other
H - Husband
W - Wife
C - Combined
J - Joint
Page 5 of 6
Form IN-008
Worker ID 21202
Service Type M
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Income and Expense Statement
PACSES Case No. j
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INSURANCE COMPANY POLICY # H W C
Health/Accident
Disability Income
Dental
Other .
H - Husband
W - Wife
C - Combined
J - JOlnt
SUPPLEMENTAL INCOME STATEMENT
a.
Tnis
(1 )
(2)
(3)
form is to be filled out by a person
who operates a business or practices a profession, or
who is a member- of a partnership or joint venture, or
who is a sharer older in and is salaried by a closed corporation or
similar entity.
b. Attach to this statement a copy of the following documents relating to the
partnership, joint venture, business, profession, corporatioh or similar
entity:
(1) the most recent Federal Income Tax return, and
(2) The most recent Profit and Loss Statement
c. Name of business:
Address and telephone number:
d. Nature of business (check one)
(1) partnership
(2) joint ventcre
(3) profession
(4) closed corporation
(5) other
e. Name of accountant, controller or other person in charge of financial
records:
f. Annual income from business:
(1) How often is ircome received?
(2) Gross income pEr pay period:
(3) Net income per pay period:
(4) Specified deductions, if any:
Page 6 of 6
Form IN-008
Worker 10 21202
Service Type M
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BRENDA S. FAHNESTOCK
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
: CIVIL ACTION LAW
VB.
NO. 01 - 6934
CIVIL
19
ELLIS J. FAHNESTOCK
IN DIVORCE
Defendant
STATUS SHEET
DATE:
( 1(0 I D 'Y
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BRENDA S. FAHNESTOCK,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 01 - 6934 CIVIL
ELLIS J. FAHNESTOCK,
Defendant
IN DIVORCE
TO: Robert L. O'Brien
Attorney for Plaintiff
Wayne F. Shade Attorney for Defendant
DATE: Friday, May 10, 2002
CERTIFICATION
I certify that discovery is complete as to the claims
for which the Master has been appointed.
OR IF DISCOVERY IS NOT COMPLETE:
(a) Outline what information is required that is not
complete in order to prepare the case for trial
and indicate whether there are any outstanding
interrogatories or discovery motions.
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(b) Provide approximate date when discovery will be
complete and indicate what action is being taken
to complete discovery.
DATE
COUNSEL FOR PLAINTIFF
COUNSEL FOR DEFENDANT
NOTE:
PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE
FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE
CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE
AT THE MASTER'S DISCRETION.
AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL
OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY
COUNSEL, INDICATING THAT DISCOVERY IS NOT
COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL
STATEMENTS WILL BE ISSUED AT THE MASTER'S
DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A
PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY
IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL
STATEMENTS WILL BE ISSUED IMMEDIATELY.
THE CERTIFICATION DOCUMENT SHOULD BE RETURNED
TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF
THE DATE SHOWN ON THE DOCUMENT.
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MARITAL ESTATE
House and lot of ground known and numbered as 26
Chestnut Street Mt. Holly Springs, Pennsylvailia
1994 Ford Motor Home
$82,000
Wife's Scudder Investments account
24,600
122,400
36,700
4,700
4,200
1,500
o
o
(82,300)
193,800
Husband's Daily Express profit sharing account
Husband's Daily Express frozen bond fund
Husband's Baltimore Life insurance cash value
Husband's 1991 Jeep
Husband's household contents
Wife's household contents
Marital debt
TOTAL
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MARITAL DEBTS
Husband's payments on account of marital debt from the
date of separation through the payoffs from the proceeds
of sale of the motor home and on the unsatisfied home
equity loan through October 1,2002
Husband's payments on account of the unsatisfied home
equity loan October 1,2002, through November 19,2002,
at $205.11 every two weeks
M&T Bank first mortgage payoff
M & T Bank home equity loan balance as of November
19,2002
Balance of marital dental bills as of the date of payoff of
other marital debt from the proceeds of sale of the motor
home
29,400
600
17,700
29,900
o
Discover card
3,200
400
1,100
82,300
Master card
Sears card
TOTAL
HUSBAND
Marital residence
82,000
24,600
Proceeds of sale of the motor home including the
$2,235.45 in escrow
Daily Express frozen bond fund
Life insurance cash value
36,700
4,700
1,500
20,000
o
(82,300)
1991 Jeep
Daily Express profit sharing account
Household contents
Marital debt assumed
2
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TOTAL
87,200
WIFE
Fetter Investment account
4,200
102,400
Roll over from Husband's Daily Express profit sharing
account
Household contents
TOTAL
o
106,600
An award of fair rental value is an equitable matter. The Support Master
specifically found that Wife had no justification in leaving Husband. That was not
appealed to the Court and is part of the law of this case. Husband did not ask to be left
alone in the marital dwelling with all of the marital debt when Wife left without cause.
Therefore, we should not have to pay any fair rental value. If we are required to pay
anything at all, we should not be required to pay anymore than half of what Wife had to
pay in rent. According to her expense statement, her rent is $475 per month. Half ofthat
is $237.50. For 27 months, that would be $6,400.
3
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BRENDA S. FAHNESTOCK
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
v.
ELLIS 1. FAHNESTOCK
: NO.
01 - 6934
: IN DIVORCE
ORDER AND NOTICE SETTING HEARING
TO: Brenda S. Fahnestock
Robert L. O'Brien
, Plaintiff
, Counsel for Plaintiff
Ellis J. Fahnestock
Wayne F. Shade
, 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
18th
North Hanover Street, Carlisle, Pennsylvania, on the
March 2003 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,
George E. Hoffer, President Judge
Date of Order and
Notice: 11/20/02
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 AS SOCIA TION
2 LIBERTY AVENUE, CARLISLE, P A 17013
TELEPHONE (717) 249-3166
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BRENDA S. FAHNESTOCK,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
CIVIL ACTION - LAW
NO. 01 - 6934 CIVIL
ELLIS J. FAHNESTOCK,
Defendant
IN DIVORCE
CONFERENCE WITH
COUNSEL AND THE PARTIES
TO: Robert L. O'Brien
Brenda S. Fahnestock
Counsel for plaintiff
Plaintiff
Wayne F. Shade
Ellis J. Fahnestock
, Counsel for Defendant
Defendant
A conference has been scheduled at the Office of
the Divorce Master, 9 North Hanover Street, Carlisle,
Pennsylvania, on the 19th day of November 2002, 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:
October 28, 2002
E. Robert Elicker, II
Divorce Master
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ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT
W. 101(, S~o/
Stilte Commonwealth of Pennsvlvania ~ ..?~srb~
co./CityfO/Didst./oNf CUMB~~~ 41::l.. ulT.. _T
Date 0 r er otlce 02 02 I () "
Court/Case Number (See Addendum for case summary) /J~~ ~/tz;f,1/.
)RE:FAHNESTOCK, ELLIS J.
) Employee/Obligor's Name (Last, First, Mil
) 179-44-7748
) Employee/Obligor's Social Security Number
) 0462100897
) Employee/Obligor's Case Identifier
) (See Addendum for plaintiff names associated with cases on attachment)
) Custodial Parent's Name (last, First, MI)
)
o Original Order/N9tice
~ Amended Order/Notice
1 Terminate Order/Notice
EmployerlWithholder's Federal EIN Number
m,ILY EXPRESS INC
EmployerlWithholder's Name
PO BOX 39
EmployerlWithholder's Address
ClffiLISLE PA 17013-0039
See Addendum for dependent names and birth dates associated with cases on attachment.
OIWER INFORMA nON: This is an Order/Notice to Withhold Income for Support based upon an order for support
from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these
amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not
issued by your State.
$ 574.00 per month in current support
$ 36.00 per month in past-due support Arrears 12 weeks or greater? Oyes <Xl no
$ 0.00 per month in medical support
$ 0 . 00 per month for genetic test costs
$ per month in other (specify)
foir a total of $ 610,00 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. 1.1 your pay cycle does not match
th,~ ordered support payment cycle, use the following to determine how much to withhold:
$ 140 . 77 per weekly pay period.
$ 281.54 per biweekly pay period (every two weeks).
$ 305.00 per semimonthly pay period (twice a month).
$ 610.00 per monthly pay period.
REMITTANCE INFORMATION:
You must begin withholding no later than the first pay period occurring ten(10) working days after the date of this
Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to
deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the
the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's
aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is
needed (See #9 on pg. 2).
If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU)Employer
Customer Service at 1-877-676-9580 for instructions.
Make Remittance Payable to: PA SeDU
Slmd check to: Pennsylvania seou, p.o. Box 69112, Harrisburg, Pa 17106-91112
1/11 ADD1T10N, PA YMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown
above as the Employee/Ohligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED.
D,o NOT SEND CASH BY MAIL.
Date of Order:
SEP
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t~70.01S4 WorkerlD $IATT
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Service Type M
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ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS
o If checked 'Iou are required to provide a copy of this form to your empioyee.
1. Priority: Withholding under this OrderlNotice has priority over any other legai 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 attributabl,e to
each employee/obligor.
3.* Report;"g tLe Pl:tydatdDate 6f'NitLI.oldil,g. \'6t1111USt lef}o.L tL{. payda~date of,yyitLLulding yvllel; sehd;"g tL~ pay I t1ent. TLe
-payelate/date of ..itl,l,oldilog i. the date 01, ..1-,;<1, ""O"I,t ..M ..ili.i.c1d f,,,,,, tl ,e ","pi"",,'. ..ages. You must comply with the law of the
state of the employee's/obiigor'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 Federa,l or State withholding limits, you must
follow the law of the stat~ of employee'slobligor's principal place of employment. Ybu must honOr all Orders/~lotices 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.
WITHHOLDER'S ID: 2315301230
EMPLOYEE'S/OBLlGOR'S NAME: FAHNESTOCK, ELLIS J.
EMPLOYEE'S CASE IDENTIFIER: 0462100897 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 per5o~ or authority below. .
7. Liability: If you fail to withhold income as the OrderlNotice 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/obiigor 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 amounis allowed by the Federal ConsumerCredit
Prated:ion Act (15 U5.C. 91673 (b)l; or 2) the amounts allowed by the State of the employee's/obiigor'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
dedud:ions such as: State, Federal, local taxes; Social Security taxesi and Medicare taxes.
10.
* NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the
law of the state that issued this order with respect to these items:
Requesting Agency:
POMESTIC RELATiONS SECTION
JI3 N. HANOVER ST
['.0. BOX 320
~=ARLlSLE PA 17013
If you or your employee/obligor have any questions,
contact WAGE ATTACHMENT UNIT
by telephone at (717) 240-6225 or
by FAX at (717) 240-6248 or
by Internet @
Page 2 of 2
Form EN-028
Worker 10 $IATT
Service Type M
OMB No.: 0970-0154
Expiration Date: 12/31100
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ADDENDUM
Summarv of Cases on Attachment
Defendant/Obligor: FAHNESTOCK, ELLIS J.
PACSES Case Number 257104055/3/;lS"1
Plaintiff Name
BRENDA S. FAHNESTOCK
Docket Attachment Amount
01016 S 2001 $ 550.00
Child(ren)'s Name(s):
.DOB
PACSES Case Number 316104417/51t,;z.l.t.
Plaintiff Name 1
BRENDA S. FAHNESTOCK
Docket . Attachment Amount
01-6934 CIVIL$ 60.00
Child(ren)'s Name(s):
DOB
you are required to enroll the child(ren)
in any health insurance coverage available
through the employee's/obligor's employment.
If
you are required to enroll the child(ren)
in any he,alth insurance coverage available
employee's/obligor's employment.
PACSES Case Number
Plaintilf Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
PACSES Case Number
Plaintiff Name
DOB
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DOB
If checked, you are required to enroll the child(ren)
in any health insurance coverage available
employee's/obligor's employment.
you are required to enroll the child(ren)
in any health insurance coverage available
employee's/obligor's employment.
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
PACSES Case Number
Plaintiff Name
DOB
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DOB
checked, you are required to enroll the child(ren)
in any health insurance coverage available
employee's/obligor's employment.
you are required to enroll the child(ren)
in any health insurance coverage available
through the employee's/obligor's employment.
Addendum
Form EN-028
Worker ID $IATT
Service Type M
OMBNo.;097G-0154
Expiration Date: 12/31/00
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ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT
~. /fJ/(, S ;;'tJO/
State Commonwealt'" of P.ennsylvania A9aS.FS K.!r~Dt!~"S'
Co.lCity/Dist. of CUMBERLAND . JJK .:J/:1.::1 7 .
Date of Order/Notice 08/26/02 C/l//7
Court/Case Number (See Addendum for case summary) ~csES ..3/~/~
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) RE: FAHNESTOCK, ELLIS J.
) Employee/Obligor's Name (Last, First, M1)
) 179-44-7748
) Employee/Obligor's Social Security Number
) 0462100897
) Employee/Obligor's Case Identifier
) (See Addendum for plaintiH names associated with cases on attachment)
) Custodial Parent's Name (Last, First, MI)
)
o Original Order/Notice
@ Amended Order/Notice
o Terminate Order/Notice
EmployerlWithholder's Federal EIN Number
DA,ILY EXPRESS INC
EmployerlWithholder's Name
PO BOX 39
EmlOloyerlWithholder's Address
CARLISLE PA 17013-0039
See Addendum for dependenf names and birth dates associated with cases on attachment.
m~DER 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.
$ 574.00 per month in current support
$ 46.00 per month in past-due support Arrears 12 weeks or greater? Oyes <X> no
$' 0.00 per month,inmedical support
$ 0.00 per month for genetic test costs
$ per monthi n other (specify)
for a total of $ 620.00 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:
$ 143.08 per weekly pay period.
$ 286.15 per biweekly pay period (every two weeks).
$ 310.00 per semimonthly pay period (twice a month).
$ 620.00 per monthly pay period.
REMITTANCE INFORMATION:
You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this
Order/Notice. Send payment within seven (7) working days of the paydateldate of withholding. You are entitled to
deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the
the allowable amount. The total withheld amount, and your fee, cannot exceed 55% o/the employee's/ obligor's
aggregate disposable weekly earnings. Forthe purpose of the limitation on withholding, the following information is
needed (See #9 on pg. 2).
If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (5CDU) Employer
Customer Service at 1-877-676-9580 for instructions.
Make Remittance Payable to: PA SC[)U
Se'nd checkfo: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112
IN ADDITION, PA YMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown
above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED.
DO NOT SEND CASH BY MAIL.
Service Type M
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, iift. "- iration Date: 12/31/00
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Form EN-028
WorkerlD $IATT
AUG 2 '{ 2002
Date of Order:
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ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS
D If checked you are required to provide a copy of this form to your employee.
1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income.
Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect 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 olthe single payment that is attributable to
each employee/obligor.
3. * R~p5Itil,g UI~ F'aydatefD~~ ofWitLLoldil,g. You Illust lepolt UIl:. payd~tefdate of vvitLI..oldihg ~vll{'h send;"g tLe paYlllellt. TI.e
payelateJdate of "ili,l,oldi"g is tl.~ date 0', ..I,id, a",()u"l ".s"ithl,,,ld HO'.. tl,~ "..pl()y,",'""ages. . 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/Noticeto Withhold Income for Support
against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or Stite withholding limits, you must
follow the law of the state of employee'slobligor's principal place of employment. You .must honor all Orders/Notices to the greatest
extent possible. (See #9 below)
5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for
you. F'lease provide the information requested and return a copy olthis Order/Notice to the Agency identified below.
WITHHOLDER'S ID: 2315301230
EMPLOYEE'S/OBLlGOR'S NAME: FAHNESTOCK, ELLIS J.
EMPLOYEE'S CASE IDENTIFIER: 0462100897 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 b,elow.
7. liability: If you fail to withhold income as the OrderlNotice directs, you are liable for both the accumulated amount you should
have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs
unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs.
8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee!obligorfrom
employment, refusing to employ, <>r 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
Protedion Act (15 U.S.c. ~1673 (b)l; or 2) the amounts allowed by the State of the employee's/obligor's principai place of employment.
The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory
dedud:ions such as: State, Federal, local taxeSi Social Security taxes; and Medicare taxe's.
10.
*NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the
law of the state that issued this order with respect to these items.
Requesting Agency:
POMESTIC RELATIONS SECTION
)3 N. HANOVER ST
p.O. BOX 320
~=ARLlSLE PA 17013
If youor your employee/obligor have any questions,
contact WAGE ATTACHMENT UNIT
by telephone at (717) 240-6225 or
by FAX at (ll7) 240-6248 or
by 1 nternet @
Page 2 of 2
Form EN-028
Worker ID $IATT
Service Type M
OMB No.: 0970-0154
Expiration Date: 12/31/00
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ADDENDUM
Summary of Cases on Attachment
Defendant/Obligor: FAHNESTOCK, ELLIS J.
PACSES Case Number 257104055/31;J.S"'f
Plaintiff Name
BREND~FAHNESTOCK
Docket Attachment Amount
01016 S 2001 $ 550.00
Child(ren)'s Name(s):
DOB
you are required to enroll the child(ren)
in any health insurance coverage available
through the employee'sfobligor's employment.
PACSES Case Number
Plaintiif Name
Docket Attachment Amount
$ 0.00
Chilcl(ren)'s Name(s):
DOB
If checked, you are required to enroll the child(ren)
in any health insurance coverage available
employee's/obligor's employment.
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DOB
you are required to enroll the child(ren)
in any health insurance coverage available
employee's/obligor's employment.
Service Type M
PACSES Case Number 316104417( g/&,;;J.(,
Plaintiif Name
BRENDAS. FAHNESTOCK
Docket Attachment Amount'
01=6934 CIVIL$ 70.00
Child(ren)'s Name(s):
DOB
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Olf check~d, you are requiredtoe~roll thechild(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
you are required to enroll the child(ren)
in any health insurance coverage available
employee's/obligor's employment.
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DOB
you are required to enroll the child(ren)
in any health insurance coverage available
employee'sfobligor's employment.
Addendum
Form EN-028
Worker ID $IATT
OMB No.: 0970-0154
Expiration Date: 12/31/00
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: IN THE COURT OF COMMON PLEAS OF~. ')fl'Of
: CUMBERLAND COUNTY, PENNSYLVANIA ~
: NO. 2001-6934 CIVil TERM
BRENDA S. FAHNESTOCK,
Plaintiff
ELLIS J. FAHNESTOCK,
Defendant
: CIVil ACTION - LAW
PRE-HEARING MEMORANDUM
1. The parties were married October 15, 1977, in Cumberland County.
2. They have one child, a daughter, Sara Nicole Fahnestock, born January
24, 1984. Sara is 18 years of age, but is finishing high school. When the parties
separated in August of 2000, the Plaintiff and Sara moved from the marital residence
and are currently residing at 36 West Pomfret Street, Apartment 2, Carlisle,
Pennsylvania.
3. When the parties first separated, the Plaintiff made no claim for spousal or
child support. This allowed the Husband the opportunity to have the income to pay
marital obligations. In December of 2001, the Plaintiff requested child and spousal
support. The Husband contested spousal support and the Court ordered the Husband
to pay the sum of $514.00 per month for child support. The Wife filed a c:laim for
alimony pendente lite on March 21, 2002, and on July 11, 2002, she was awarded APL
in the sum of $60.00 per month.
4. The Wife changed employment due to her employer's financial situation
and the Wife's fear of job loss. The change in employment resulted in a decrease in
her net income, as well as, additional costs for commuting to her new employment.
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She also had an increase in the cost of health benefits and has recently asked the
Domestic Relations Office to review the existing child support order.
5. One of the issues that the Master has to consider is if Husband claims
that he has paid off marital debts, as it is expected he intends to, Wife wishes to point
out that by foregoing any claim for child support until December of 2001, Husband did
not have to pay in excess of $8,000.00 in child support. Likewise, because she did not
file for APL, the Husband did not have to pay in excess of $1,100.00 from the time of
separation until Wife finally made the claim. Additionally, Husband has had the use of
the marital residence and is accountable for the rental value.
6. The parties had a motor home which was sold in late March for
$24,601.00. The proceeds of the sale were placed in escrow for a short time and
thereafter the money was utilized to payoff the first mortgage on the home and the high
interest credit card obligations.
7. Much of the information, as far as the prior and current balances on the
marital obligations, is in the sole control of the Defendant Husband. In the attached
inventory and appraisement, Wife has attempted to indicate values to the best of her
knowledge and information, however, she is unable to certify the accuracy of the
figures. The marital assets seem to consist of the equity in the home, Husband's
substantial retirement benefits, Wife's IRA and retirement benefit, some cash value in
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life insurance policies, and the value of the home furnishings and motor vehicle.
Because of Wife's lower earning capacity, Wife seeks a distribution in excess of 50
percent of the martial estate, as well as, an alimony order
Respectfully submitted,
O'BRIEN, BARIC & SCHERER
BY;_~C)~fU-9 .
Robert L. O'Brien, Esquire
Attorney for Plaintiff
J.D. # 28351
17 West South Street
Carlisle, Pennsylvania 17'013
(717) 249-3873
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Rob/Domestic/FahnestocklPretrial.mem
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BRENDA S. FAHNESTOCK,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 2001-6934 CIVIL TERM
ELLIS J. FAHNESTOCK,
Defendant
: CIVIL ACTION - LAW
MARITAL ASSETS
1. Real Estate located at 26 Chestnut Street, Mount Holly Springs PA, $90,000.
The Plaintiff is agreeable to pay the cost of an appraisal with that cost to be considered
as part of the costs associated with the action.
2. The sum of $24,601 representing the proceeds from the motor home sold by the
parties in March, 2002.
3. Defendant's profit sharing plan, represented by the Defendant as being worth
$132,377. The Defendant may also have a defined benefit plan as part of his
employment package. The Defendant has provided statements about the profit sharing
arrangement and the Plaintiff is uncertain as to whether the value of $29,122 in a frozen
bond fund is included in the $132,377 or is in addition to that amount.
4. Plaintiff's retirement account represented by Defendant as being worth $4,215.
5. Cash value of life insurance policy on the Defendant was $4,743 as of August,
2000.
6. Home furnishings and items of personal property outlined in the two page
attachment prepared by the Plaintiff. These items have to be appraised or valued by
the parties by agreement.
7. 1991 Jeep Cherokee automobile, needs to be appraised or otherwise valued.
8. Fair rental value of marital real estate.
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MARITAL LIABILITIES
1. The Defendant has provided the following listing as marital debt at the time of
separation: Dr. Filip $1,446; Discover Card $3,437.38; Master Card $1,153.12; Sears
$1,360; M&T home equity loan $36,540; M&T Mortgage $26,677.
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There were various holiday items, bed linen, dresser, and home decorating items,
childhood books in the attic.
Bed, night stand, lights, wall decorations, dresser
Television, stereo,VCR., disc player, entertainment center, couch, 2 chairs, old stand.
lights, all things on bookshelves.
Refrigerator, microwave, microwave stand, stove, crock pots, toaster, toaster OVen,can
opener, griddle, everyday dishes, glasses, silverware, bakeware ( including pampered
chef) pots, pans, most all of the kitchen uteusiIs,cbina closet,kitchen table,
Freezer, washer, dryer, 4 oak chairs, various kitchen items stored in the basement.
Wall unit on back porcb,retiigerator.
Glider, single glider, 2 folding chaise lounges, 2 folding chairs purchased at Kapona.
Lawn mower, snow blower, bicycles, yard tools, sleds, tent, screened in tent in garage.
Curtains were left at all windows and wall hangings were also left.
Camper, there was a satellite disl!. (which be sold after I left) bed linen, bIankeIts, towels,
beach towels,lawn chairs, diShes, pots pans, silverware, campfire utensils,televison,
Disc player, vcR, holiday items, bicycles
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Things that need shared between Danielle and Sara are fisher price toys and
Barbie dolls, ball gloves & bats miscellaneous childhood toys but 00 one
could come to a happy conclusion when Sara when out there. Sara also bas
. her own cabbage patch dolls and stuffed animals that need to retrieved from
out there.
He bas all the fiunily pictures and videos that I would like to have half of
also, cd's and video tapes that we had bought throughout the years. There is
also a hand saw in the garage that belonged to my grandfather that I would
like to have.
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m t':1e Court of Common Pleas of
County, pJnnsylvan1a
Phone:
Fax:
Plaintiff Name:
Defendant Name:
Docket Number:
PACSES Case Number:
Other State ID Number:
PI....e DOle: AU correspondence mnst include the PACSES Case Number,
Income and Exoense 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 :u1d expense
statement. )
f2> ~!r\d.a Hi In. Y\ 0 s1mJ .
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INCOME STATEMENT OF
Section I: Income and Insurance
INCOME:
Employer ~e\i"C~ d\/\~{~( ~
Addre,s ,+fl\<6' I P-tt\..tsvorq Rd. f'<Wh:lnICc;.~I~t:fJ-
Type of Work (\ r
Payroll No. Gross Pay per Pay Period S Pay Period (wkly., bl-wkly., elC.) , .
Itemized Payroll Deductions:
Inte
Dl
Pe
Ann
So
Re
Ro
l'ederaI W'lIhholdinK S IQQ; Oil Social Security S ."ill. Local Waoe Tax $~~
State Income Tax S !1~ .;;::l Re'iremem S Savino, Bonds S
Credit Union S Life Insurance S Health Insurance ~iiil
Other Deductions (specify) JiJf. S I,;.}. I V .
Ill-I-r..11 .S--k~I"\ S
rt .. .~ '\p-&1
Ne'PayperPayPerodS ~'-~
Inn C; 7:;' /
OTHER (Fill in Appropriate Column) Ownership *
INCOME WEEK MONTH YEAR PROPERTY
S S S OWNED DESCRIPTION VALUE H W J
rest
vidends v'
osien Checking Accounts S :'C: C
uitv Savings Accounts ICe, v'
cial SecuritV
nls Credit Union
vallies Stocb/Bonds ,
pense Account
fts Real Em..
molovment Other H t'll \C.P Q~ V
rkInen's . .n. \ . +t""'. ,~ () V
rrmensation
er TOTAL Is
er
"
Gl
Uno
Wo
Co
Oth
Oth
TOTAL
TOTAL INCOME S
s
· H=Hwband; W=Wlfe; l=loinl
Service Type
Form IN-OOS
Worker ID
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In~ome and Expense Statement
P ACSES Case NjJmber.
COMPANY
POLlCY #
Coverage ·
H W C
V
INSURANCE
1foSDital
Blue Cross
Other
Medical
~hiold
Other
HealthI Accident
DisabUity Inoome
Dental
Other
v'
· H=Husband; W=Wife; C=Child
Section IT: SUDDlemental Income Statement
a. This fonn is 10 be tilled out hy a person
D (I) who oper:are. a business or practices a profession, or
D (2) who is a member of a pannelSbip or joint venlU"', or
o (3) who is a shareholder in and is salaried by a closed corporation or similar entity.
b. Attach 10 this stareme01 a copy of the fOllowing documents ",laling 10 the pannclSbip, joint venlU"', business, profession,
corporation or similar entity:
(I) the most """'01 Federal Income Tax Return. and
(2) the most ",cent Prof'u and Loss Statement
c. Name of business:
Add",ss and relephone number.
d. Nature of busmess (cIlec:k ooe)
D (1) pannelSbip
D (2) joint vCDlU'"
D (3) profession
D (4) closed corpor:ation
D (5) other
c. Name of accountant. controller or other person in charge of fmancial records:
f. Annual income from blUmcSS:
(1) How often is income received?
(2) Gross income per pay period:
(3) Net income per pay period:
(4) Specif'oed deductiana, if any:
Page 2 of3
Form IN-OOS
Worker ID
Service Type
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you assert your case cannot be determined accordlng to the guidelille grids or fonnw.;-, this ;ection mukt b:. tuUy completed.
. (Fill in ApproprialO Column)
EXPENSES
WEEK MONTH YEAR
Home
MOrtglgelRcDl S S 4 '150. s 510?"
MaiDle_
Utilities
E1ecuic S S S
Gas
Oil
Telephooe '30 ql~rlc)"
Water
Sewer
EmDlovment
Public Tl3llSDon. S "\.na S ~()" S gilA'.
Lunch 40.' Il..C" 1'1~n
Taxes
RoaIesulO S S S
Penonal Propeny !:) ld 4';
Insurance
HOrDeowuers S s 1'7.Sg s l'Ie ,B4
Automobile 1~1';).Q{)
Life
Accident \~Ql" ~!jJ;j.'l~
Health "\('\.' '" 1?,lq.,I.
Other '!t~ll Cl;l,o,l.l
Automobile
Payme... S S-~r.(,. sa s 'i3'tSi ,'14
Fuel ?,""V\ Il.lfi 19:~r'\ '0
Repairs c:;m.m
Medical
Doctor $ S S \ or. . c
DI!l1dsl
OrthodODlisl
Hospital
Med/dlIe q ~(\OO
(glasses. b....... 2.eG eO
EXPENSES (Fill in ApproprialO C:olumn) .
(continued) WEEK MONTH YEAR
Education
Private SdIooI. S S S
Paroclllai SdIooI
College
Rtligious
Personal
Clothing S S sf ., nil
Food IQV\ I.l/'\O ..
_rl \5000
C..dit PaymenlS 13qo
C..dit Card \II'D
Charge
Memberships
Loans
C..dit Union S S S
1:10 l.':;lDt\-
Miscellaneous
Household Help $ $ $
CbDd care
r:rrslbOOb :::Jm"
aOll7ilV!'S
Entertainment :,)~,q0 ~<O.Q("\
Pay TV 1lJ.,~4 7D/ir\?
Vacation 500
Gifts C\'Q('\
Legal fees 1GO
Charitable
~I
ouy
Other I/v, (; (,
$ $ $
I Total I ~E,!{ MONTH .,p;:~
,Exoenses: l!....l.:1O $..0005:50$ ,~tw1Jp
I verify that the stalOmenlS made in this Income and Expense StalOment are true and correct. (understand that false
statemenlS herein are subject to the criminal penalties of 18 Pa. C.S. ~ 4904, relating to unawom falsification to authoriti...
Date
Service Type
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Plaintiff or Defendant
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Ponn IN-008
Worker ID
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Ms. BrEmda Fahnestock 184-48-3074
PSlIOD sTART PER!OOENO PAYMEHTDATE
01..JUN.2002 14..JUN-2002 21..JUN-2002 10.5 0
FEDERALAU.OWANCES
U 0 ,0
[': . ,< AM600 YEl.RTO'bATE . DEScRIF110N AMOUNT vei.RtoOATe
Overtime 23.63 23.63 FIT 102.91 102.91
TIE WClges 840.00 840.00 MEDICARE 12.52 12.52
ss 53.55 53.55
(PA) SIT 24.18 24.18
(Lower Allen To 8.84 8.84
Paid Time Off 0.00 EID Time Off 0.00
PTO ACcru,,11 0.00 EID Accrual 0.00
PTO B~lIIant\6 0.00 E\O Balance 0.00
Gross Pay
Pre- Ta:IC Deductions
Ta~ Deductions
Other OedUictions
NetPa)'
863.63
0.00
201.00
0.00
861.83
863.63
0.00
201.80
0.00
661.83
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PLEASE DETACH AND RETAIN THIS
STATEMENT FOR YOUR RECORDS.
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BRENDA S. FAHNESTOCK,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
: CIVIL ACTION - LAW
v.
: NO. 01-6934 CIVIL TERM
ELLIS J. FAHNESTOCK,
Defendant
: IN DIVORCE
TO: Robert L. O'Brien, Esquire, of O'Brien, Baric & Scherer, Attomey for Plaintiff
Wayne F. Shade, Esquire, Attomey for Defendant
DATE: May 15,2002
CERTIFICATION
On April 1, 2002, counsel for Husband advised counsel for Wife in writing that in
the absence of issuance of formal written discovery within twenty days, Husband would
file a Motion for Appointment of Master with an indication that discovery is complete.
Having heard nothing further from counsel for Wife prior to May 2, 2002, we filed our
Motion for Appointment of Master.
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.
In the event that Wife should assert the need for discovery, Husband reserves the
right to pursue discovery. In view of the failure of Wife to request discovery, we request
that a Directive for filing of Pretrial Statements be issued immediately.
(b) Provide approximate date when discovery will be complete and indicate what
action is being taken to complete discovery.
WAYNEF.SHADE
Attom,oy.tLaw Date: May 15,2002
53 West Pomfret Street
Carlisle, Pennsylvania
17013
Wa~~d~
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Attoffil~Y at Law
53 West Pmnfret Street
Carlisle,I'ennsylvania
17013
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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, ORA
PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS
COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL
BE ISSUED IMMEDIATELY.
THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE
MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN
ON THE DOCUMENT.
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V.
ELLIS J. FAHNESTOCK,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DOMESTIC RELATIONS SECTION
PACSES NO. 316104417
NO. 01-6934 CIVIL TERM
BRENDA S. FAHNESTOCK,
Plaintiff
INTERIM ORDER OF COURT
AND NOW, this 11th day of July, 2002, upon consideration of
the Support Master's Report and Recommendation, a copy of which is attached
hereto as Exhibit "A", it is ordered and decreed as follows:
A. The Defendant shall pay to the State Collection & Disbursement Unit
for transmission to the Plaintiff as alimony pendente lite the sum of
$60.00 per month.
B. The Defendant shall pay to SCDU the additional sum of $1 D.OO per
month on arrearages until paid in full.
C. The effective date of this order is March 21, 2002.
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,
CC: Brenda S. Fahnestock
Ellis J. Fahnestock
Robert L. O'Brien, EsqUire
Wayne F. Shade, Esquire
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ELLIS J. FAHNESTOCK,
Defendant
IN THE COURT OF COMMON Pl.;EAS OF
CUMBERLAND COUNTY, PENN$YLVANIA
DOMESTIC RELATIONS SECTION
BRENDA S. FAHNESTOCK,
Plaintiff
PACSES NO. 316104417
NO. 01-6934 CIVIL TERM
SUPPORT MASTER'S REPORT AND RECOMMENDATIOIN
Following a hearing held before the undersigned Support Master on July
2, 2002, the following report and recommendation are made:
FINDINGS OF FACT
1. The Plaintiff is Brenda S. Fahnestock, who resides at 36 West Pomfret
Street, Apartment 2, Carlisle, Pennsylvania.
2. The Defendant is Ellis J. Fahnestock, who resides at 26 Chestnut
Street, Mt. Holly Springs, Pennsylvania.
3. The parties are husband and wife having married on October 15,
1977.
4. The parties separated on August 16, 2000, when the Plaintiff moved
from the marital residence.
5. The parties are the parents of one child, Sara Nicole Fahnestock, born
January 24, 1984, who resides with the Plaintiff.
6. Although 18 years of age, the parties' daughter has not completed her
senior year of high school. She will graduate in June, 200:1.
7. The Defendant is under order to pay the sum of $514.00 per month to
the Plaintiff for the support of said child. The case is docketed to 1016
Support 2001.
8. On December 10, 2001, the Plaintiff filed a complaint in divorce to the
above term and number.
9. As part of her divorce action, the Plaintiff has requested an award of
alimony pendente lite (hereafter "APL"), and on March 21, 2002, she
filed a request for hearing on APL.
Exhibit "A"
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10. On May 8, 2002, following a conference at fhe Domestic Relations
Office, an interim order was entered establishing the Defendant's APL
obligation at $92.00 per month.
11. The Defendant has demanded a hearing de novo.
12. At the time she filed her complaint for divorce, the Plaintiff worked full-
time for Cumberland-Goodwill Fire Rescue, where she earned a gross
bi-weekly income of $1,000.00.
13. The Plaintiff worked on call for H & R Block Tax Services and earned a
total gross income of $1,730.00 from January 1,2002, through April
13,2002.1
14. The Defendant has net monthly income of $2,659.75 from his primary
employment at Daily Express, Inc. and from his second job at
Cumberland-Goodwill Fire Rescue?
15. On May 30, 2002, the Plaintiff voluntarily left her employment with
Cumberland-Goodwill Fire Rescue because she was concerned about
her job security as a result of missing funds at the company.
16. The Plaintiff began employment with Select Medical Corporation on
June 3, 2002.
17. The Plaintiff earns a gross bi-weekly income of $840.00 at her present
position.
18. On December 13, 2001; January 13, 2002; April 1 , 2002; and May 8,
2002, counsel for the Defendant sent written correspondence to
counsel for the Plaintiff in an effort to move the divorce action to a
conclusion.
19. On May 2, 2002, the Defendant filed a petition for appointment of a
Master in divorce.3
DISCUSSION
Whether to award alimony pendente lite has traditionally been a matter
within the discretion of the trial court. Litmans v. Litmans, 673 A.2d. 382 (Pa.
Super. 1996). If an award of APL is warranted, the amount of that award is
1 Plaintiff's testimony concerning this income contradicted her testimony before this Master on March 20,
2002, in 1he support action docketed to 1016 Support 2001.
2 This income detennination was made by this Master at 1he hearing held March 20, 2002, in 1he support
action and was stipulated by 1he parties to be correct for 1he purposes of this APL action.
3 A review of 1he docket indicates that 1he Master was appointed on May 3, 2002.
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calculated in accordance with the support guidelines. Little v. Little, 47'
Cumberland L. J. 131 (1998). Before that calculation is made, however, a
determination must be made as to the entitlement to the award. Clouse v.
Clouse, 50 Cumberland L.J. 167 (2001). To be entitled to an award of APL, a
claimant must show that APL is needed to adequately prosecute or defend the
divorce action. Litmans v. Litmans. supra. The purpose of APL is to prevent one
spouse from being financially disadvantaged during the pendency of tl!1e action
as compared to the other. Powers v. Powers, 615 A.2d. 459 (Pa. Super. 1992).
Traditionally the fact that one spouse may earn less than the other does not
automatically entitle him or her to an award of APL. Sutliff v. Sutliff, 474 A.2d.
599 (Pa. Super. 1984), overruled on other arounds, Rosen v. Rosen, 549 A.2d.
561 (Pa. Super. 1988). In determining whether an award of APL is appropriate in
a case, the trier of fact may consider the husband's ability to pay, the separate
estate and income of the wife, and the character, situation, and surroundings of
the parties. Orr v. Orr, 461 A.2d. 850 (Pa. Super. 1983).
In this case the Defendant's net monthly income is $2,660.00 from which
he pays $514.00 a month in child support. He is paying the mortgage and taxes
on the jointly owned home, one of the primary marital assets.
The Plaintiff was earning $1,000.00 bi-weekly with Cumberland-Goodwill
Fire Rescue when she voluntarily left that job and accepted a job with Select
Medical Corporation paying $840.00 bi-weekly. Although she testified that she
was concerned over her job security, she presented no testimony that. her job
with the fire rescue company was in jeopardy. "Where a party voluntarily
assumes a lower-paying job, there generally will be no effect on the support
obligation." Rule 191 0.16-2(d}(1). Consequently for the purposes of this APL
action, the Plaintiff will be imputed with the earnings she had with the fire rescue
company before voluntarily leaving that job.
The Plaintiff also earned the sum of $1 ,740.00 through April 13, 2002,
working on call for the H & R Block Tax Services. This amount will be annualized
and averages $145.00 per month over the course of a year.4 The gross monthly
income/earning capacity of the Plaintiff is $2,312.00 from both sources. Her net
monthly income is $1,945.00.5
The Defendant argues that the Plaintiff has not shown an adequate need
for an award of APL. Considering her expenses as set forth on Plaintiff's Exhibit
1, she has shown a need for $2,590.00 per month on average to cover her
monthly bills. Her net monthly income/earning capacity of $1 ,945.00 when
4 Although the Plaintiff's employment by H & R Block was introduced by counsel for the Defendant, he
failed to explore whether the Plaintiff earned anything after April 13, 2002, from that employer. Support
orders for seasonal employees are ordinarily based upon a yearly average. Rule 191O.l6-2(d)(3). The
incom~ from H & R Block will be viewed as seasonal, i.e. "tax season" before April 15, and, therefore,
annnal1Zed.
5 See Exhibit A for tax deductions.
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added to the $514.00 per month child support award totals $2,459.00. She has
shown a need of $131.00 per month.
The Defendant argues further that the Plaintiff is not entitled to an award
of APL because she has "refused to move the divorce proceedings forward."e
While it has been held that an order of alimony pendente lite is intendElld to cover
only that period of time that the proceeding may, with due diligence, be
prosecuted to conclusion, Belskv v. Belskv, 175 A.2d. 348 (Pa. Super. 1961), this
divorce complaint was only filed in December, 2001. Economic issues are
unresolved and a Master has been appointed, albeit at the request of the
Defendant. Under the circumstances it cannot be said that the Plaintiff has been
so dilatory in her conduct as to constitute a forfeiture of her claim for APL.
Reviewing the expenses of the Defendant as submitted on Defendant's
Exhibit 9, it would appear that the Defendant's net monthlr income less his
monthly child support still exceeds his monthly expenses.
After a careful review of all the testimony, it would appear that the Plaintiff
is entitled to an award of alimony pendente lite to be calculated in accordance
with the support guidelines. A recommendation will be made that the Defendant
pay the sum of $60.00 per month effective March 21, 2002.8
RECOMMENDATION
A. The Defendant shall pay to the State Collection & Disbursement
Unit for transmission to the Plaintiff as alimony pendente lite the
sum of $60.00 per month.
B. The Defendant shall pay to SCDU the additional sum of $1 0.00 per
month on arrearages until paid in full.
C. The effective date of this order is March 21, 2002.
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Michael R. Rundle
Support Master
6 See Defendant's Demand for Hearing.
7 In his oral testimony, the Defendant corrected the $571.44 per month mortgage expense. The appropriate
figure should be $444.00 per month.
8 See Exhibit B for calculation of APL.
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'- In "the Court of Common Pleas of Cumberland County, Pennsylvania
Tax Detail Report
Plaintiff Name: Brenda S. Fahnestock
Defendant Name: E. J. Fahnestock
Docket Number: 01-6934 Civil
PACSES Case Number: 316104417
Other State ID Number:
Tax Year:
Defendant Plaintiff
1. Fling Status Married Filing Head of
Separately Household
2. Who Claims the Exemotions Obliqee
3. Number of Exemptions 1 2
4. Monthlv Taxable Income $3,648.16 $2,311.67
5. Deductions Method
6. Deduction Amount $327.08 $575.00
7. Exemotion Amount $250.00 $500.00
8, Income MINUS Deductions and Exemptions $3,071.08 $1,236.67
9. Tax on Income $570.69 $143.83
10. Child Tax Credit - $41.67
11. Manual Adiustments to Taxes - -
12. Federal Income Taxes $570.69 $102.16
12 a. Earned Income Credit - -
13. State Income Taxes $102.15 $64.73
14. FICA Pavments $279.09 $176.84
15. City Where Taxes Apply --Select--
16. Local Income Taxes $36.48 $23.12
TOTAL Taxes $988.41 $366.85
SupportCafc 2002
Exhibit IIA.II
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Part IV SPOUSAL SUPPORT OR APL
with Dependent Children
12. Obligor's Monthly Net Income $2,660
13. Less Obligor's support, alimony (--0-)
pendente lite or alimony obligations,
if any, to children or former spouses
who are not part of this action
14. Less Obligee's Monthly Net Income (1,945)
15. Difference 715
16. Less Obligor's Total Child Support !314
Obligation
17. Difference 201
18. Multiplyby30% x.3
19. AMOUNT OF MONTHLY SPOUSAL SUPPORT OR APL $60
Exhibit liB"
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In the Court of Common Pleas of
Phone:
Plaintiff Name:
Defendant Name:
Docket Number:
PACSES Case Number:
Other State ID Number:
County, Pennsylvania
Fax:
Please note: All correspondence mnst inclnde the P ACSES Case Nnmber.
Income and Exnense Statement
TillS FORM MUST BE FILLED OUT
(If you ar~ s~lf-~mploy~d 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
BrencLtt- S. FJ1n~s-focA,-
Section I: Income and Insurance
INCOME: . /
Employer Sz. Ie e)- M f oL c....J u/;OOl"oGf'IOIJ
Address ,..(fj D o/cl... {qefty.sfowl/ ,Lo..'d.- MeU"w7Its/ou,'f 1"/1- /705>
Type of Work ;:;;/t.-C!e,Y- / J
P"yroll No. Gross Pay per Pay Period $ 13<-/0. DO Pay Period (wkly., bi.wkly., etc.) ---1l1'1AJt.-f y
Itemized Payroll Deductions:
Federal Withholdin
State Income Tax
Credit Union
$ 0 ..
$ .'5
$-
Other Deductions (specify)
Net Pay per Pay Period $
OTHER (Fill in Appropriate Column)
INCOME WEEK MONTH YEAR
Interest $ $ $
Dividends
Pension
Annu~v
Social Securitv
Rents
Royalties
E:'.xoense Account
Gifts
Unemolovmem
Workmen's
C:omnensation
Olber
Olber
TOTAL t t $
TOTAL INCOME $
Service Type
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PROPERTY
OWNED
Ownership *
DESCRIPTION
VALUE H W J
Checking Accounts
Savings Accounts
Credit Union
v'
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Stocks/Bonds
Real Estate
Olber
TOTAL $
· H=Husband; W=Wife; I=loint
PLAINTfFPS
EXHIBIT
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Income and Expense Statement
PACSES Case Number
Coverage *
INSURANCE
COMPANY
POLICY #
H W C
HosDital
Blue Cross
Other
Medical
Blue Shield
Other
Health! A~cident
Other
v
Dental
v
V
Disability Income
* H~Husband; W~Wife; C=Child
Section H: SUDDlemental Income Statement
a.
This form is to be ftlled out by a person
o (1) who operates a business Of practices a profession, or
o (2) who is a member of a partnership or joint venture, or
o (3) who is a shareholder in and is salaried by a closed corporation or similar entity.
Attach to this statement a copy of the following documents relating to the partnership, joint venture, busines!;, profession,
corporation or similar entity:
(1) the most recent Federal Income Tax Return, and
(2) the most recent Profit and Loss Statement
Name of business:
Address and telephone number:
b.
c.
d.
Nature of business (check one)
o (1) partnership
o (2) joint veoture
o (3) profession
o (4) closed corporation
o (5) other
Name of accountant, controller or other person in charge of fmancial records:
e.
r.
Annual income from business:
(1) How often is income received?
(2) Gross income per pay period:
(3) Net income per pay period:
(4) SpecirJed deductions, if any:
Page2or3
Form IN-008
Worker ID
Service 'type
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Income and Expense Statement
Section m: ExDenses
PACSES Case Number
Instructions: Only show extraordinary expenses in this section unless you filled out Section II on page two. The categories
in BOLD FONT are especially important for calculating child support. If you are requesting Spousal SupportlAPL or if
you assert your case cannot be detennined according to the guideline grids or formula, this section must be fully completed.
(Fill in Appropriate Column)
EXPENSES
WEEK MONTH YEAR
Home
Mortgage/Rent S s~l1~ s510D
Maintenance
Utilities
Electric S S S
Gas
DU
Telephone ~() 4100
Water
Sewer
Emnlovrnent
Public Transport. S 5.0 n s "'" "^ sa
Lunch ~ .'1." \Q$).Q, '
Taxes
Real estate $ S $
Personal Property !.lIQ''l
Insurance
Homeowner's $ $ If}l~~ s~u
Automobile I: .
Life
Accident ".OL, Y.'l,l4ln ,
Health ~ ""Q.I\I;, .
\.o;.Ll QA.ftLl' ,
Other
Automobile ~ ~;
PaymentS $
Fuel :9-c:;.
Repairs
Medical
Doctor $ $ SiN")
Dentist
Orthodontist
Hospital
M~e '+~l )
~pE<'" neeos ~
(glasses,' bracf;S,
. .
EXPENSES (Fill in Appropriate Column)
(continued) WEEK MONTH YEAR
Education
Private School S $ $
Parochial School
College
Religious ~J.
Persooal
Clothing $ $ $ "
Food I,nl'\ Ll f'IrI L1~ ,
BarberI If{'
Credit Payments 11f} 13~
Credit Card
Charge
Memberships
Loans
Credit Union $ $ $
T?,f\
Miscellaneous
Household Help S $ $
Child care
Paperslbooks ~OO
Ma9azines
Entertainment ~:~
Pay TV . ,t.l. ,':lU
Vacation "'in 0
Gifts
Legal fees . 111''\
~~~~?'~~nn.
Other Child
...n~ri
AIimODy
Other \I '1"\
S $ $
I Total I WEEK MONTH &JAR ~
Expenses: $ I~n $ -1(rS.<:l)I . /)"1.?"
1 verify that the statements made in this Income and Expense Statement are true and correct. I understand that faise
statements herein are subject to the criminal penalties of 18 Pa. e.s. ~ 4904, relating to unsw. m falsification to au
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Porm IN-008
Worker ID
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June 27, 2002
To Whom It May Concern:
Starting July 19,2002, Brenda Fahnestock, will have benefit deductions come out of her
paycheck. $1.77 will be deducted for her dental insurance, $25.83 for health insurance,
$3.46 for supplemental life insurance, and $6.99 for voluntary short-term disability. Her
total bi-weekly benefit deduction will be $38.05.
If you have any questions, please contact me at 717-972-1355.
Sincerely,
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Rebecca 1. Ressler
HR Operations Assistant
PLAINTIFFS
EXHIBIT
2-tfl{
4716 Old Gettysburg Road P.O. Box 2034 Mechanicsburg, PA 17055 (717) 972-1100 Fax (717) 972-1042
wwwselectmedicalcorp.com
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MAY-08-02 WED 03:46 PM CUMB cry DRO
FAX NO. 717 240 6248
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A
And that varies. Sometimes it's 11 to 4.
2 Sometime~ it's 4 to 9. It all depends.
3
4
Q And how much docs she make'?
l\. I don't know how much she makes an hour.
Q What does she do with her money?
A She uses '~ for the things she wants. I
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don't ask hor what she spends her money on.
5
6"
7
8
Q
She failed 11th grade, didn't she'?
9
11.
Her and -- I held her back. Her and I had a
10 discussion, and we thought it was in her best interest to
11 hold her back.
12
~2
sin"" tlle--n~t-P.LJ:1l~y.Aar llave y~a.d'
13 gne==pJ.oymen-lo--i-n-anoi t i mC!::..o-y~)] r,Rmpl.o:ymen:t:::aJ:
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15
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16
Q
Eave you not done any work preparing income
17 tax returns fOJ:' i;l.nybody'?
18
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19
Q
DO you agree that your husband works
20 full-time at Daily Express?
21
A
As far as I know, yes.
22
Mg, SHADE: I have nothing further.
23
THB MASTER: Any redirect?
24
M'\. O'BRI8N: No.
2S
THE Mt'\.."1'SR: Just to clarify that last
27
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.. DEFENDANT'S
~IBIT
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H&RBlOCK
BRENDA FAHNESTOCK
36 W POMFRET ST
CARLISLE, PA 17013
184-48-3074
Used / Available
Sick 0.00 / 0.00
Vac 0.00 / 0.00
H&R BLOCK
305 U,S. RT. 15 SOUTII
P.O, BOX 400
DILLSBURG, PA 17109
.
Hourly (41.75@$1O.00)
Federal Withholding
Social Security Employee
Medicare Employee
P A - Withholding
1% Local
4/19/2002
417.50
-36.00
-25.88
-6.06
-11.69
-4,18
03/31/2002 - 04/13/2002
333.69
1775
YTD
1.730.00
-134,00
-107.26
-25.09
-48.44
-17.31
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In the Court of Common Pleas of Cumberland County, Pennsylvania
DOMESTIC RELATIONS SECTION
P.O. BOX 320, CARLISLE, PA 17013
Phone: (717) 240-6225
Fax: (717) 240-6248
Date:
July 2, 2002
Plaintiff Name: Brenda S. Fahnestock
Defendant Name: Ellis J. Fahnestock
Docket Number: 01016 S 2001
PACSES Case Number: 257104055
Other State ID Number:
Please Note: All correspondence must include the PACSES Case Number
Income and Expense Statement
THIS FORM MUST BE FILLED OUT
(If you are self-employed o.r if you are salaried by a business of which you are owner
in whole or in part, you must also fill out the Supplemental Income Statement which
appears on the .last page of this income and expense statement.)
INCOME STATEMENT OF ELLIS J. FAHNESTOCK
I verify that the statement.=> made in this Income and Expense Statement are true
and correct. I understand ~hat false statements herein are subject to the
criminal penalties of 18 Pa.CoSo S:4904, relating to unsworn falsification to
authorities.
Date Ellis J. Fahnestock
INCOME
Employer: Daily Express, Inc.
Address: 1072 Harrisburg Pike, Carlisle, PA 17013
Type of Work:
Mechanic
Payroll No. ~ Gross Pay p,';!r Pay Period $ Pay Period (wkly 0' bi.-wkly 0' etc 0)
Itemized Payroll Deductions:
Federal Withholding $ Social Security $ Local Wage Tax $
State Income Tax $ Retirement $ Savings Bonds $
Credit Union $ Life Insurance $ Health Insurance $
Other Deductions (specify) $ $
Net Pay per Pay Period $
Service Type M
Form IN-008
Worker ID 21202
D\EFENDANif"S
EXHIBI'f
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Income and Expense Statemen~
PACSES Case No.
OTHER (Fill in Appropriate Column)
INCOME
WEEK MONTH YEAR
Interest
Dividends
Pension
Annuity
Social Security
Rents
Royalties ,
Expense Account Ii
Gifts I
Ii
,
Unemployment ,
Compensation II
Workmen's II
I
compensation ,
IRS Refund
Other
Other
TOTAL
;
TOTAL INCOME
(Fill in Appropriate Column)
EXPENSES Ii
WEEK MONTH II YEAR
Home: l~
Mortgage/Rent II
571. 44 Ii
Maintenance 50.00
Utilities Ii
Electric 57.31
Gas 1. 32
Oil 154.00
Telephone 51. 18
,
Page 2 of 6
Form IN-OOS
Worker ID 21202
Service Type M
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Income and Expense Statemen~
PACSES Case No.
(Fill in Appropriate Column)
EXPENSES WEEK MONTH YEAR
(continued)
Water/Sewer 39.25
Employment:
Public
Transportation
Lunch 100.00
Taxes:
Real Estate 161. 45
.
Personal Property
Income
Insurance:
Homeowners 21.50
Automobile 35.16
Life 33.50
Accident
Health
Other - Motor Home 38.58
Automobile:
Payments
Fuel 80.00
Repairs
Medical:
Doctor
Dentist 81. 25
Orthodontist
Page 3 of 6
Form IN-008
Worker ID 21202
Service Type M
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Income and Expense Statemen':
PACSES Case No.
(Fill in Appropriate Column)
EXPENSES WEEK MONTH YEAR
{continued}
Hospital
Medicine
Special needs 12.33
(glasses, braces,
orthopedic
devices)
Education:
Private School
Parochial School
College
Religious
Personal:
Clothing 50.00 I
Food 250.00 I'
Barber/Beautician 15.00
,
,
Memberships
,
I.
I
Loans:
Miscellaneous:
Household Help
Child Care
Papers/Books/ 15.00
Magazines
Entertainment 30.00
Pay TV 34.69
Vacation 50.00
Service Type M
Page 4 of 6
Form IN-OOB
Worker IO 21202
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Income and Expense Statemen"::
PACSES Case No.
(Fill in Appropriate Column)
EXPENSES WEEK MONTH YEAR
(continued)
Gifts 30.00
Legal Fees 200.00
Charitable
Contributions
Other Child ,
Support
Alimony Payments ,
,
,
Other: ,
,
I!
I
i
TOTAL EXPENSES $2,162.96 ,I
I
PROPERTY Ii
,
OWNED DESCRIPTION VALUE I H W J
Chec king Accounts M&T Bank 1,600.00 ' X
Savings Accounts Members 1st 800.0011X
Credit Union Ii
Bonds Bond Fund II
Frozen 29,453.84 ,i X
Real Estate House 80,000.00 Ii X
,
Other i
Vanguard 128,528.19 'IX
Motor home I:
25.000.00 ,I X
,
TOTAL 265,382.03 I:
I
INSURANCE COMPANY POLICY # H W C
Hospital Blue Cross/Blue Shield QBN 179447748 X X X
Blue Cross
Other
Medical
Blue Shield
Other
H - Husband
W - Wife
C - Combined
J - Joint
Page 5 of 6
Form IN-008
Worker ID 21202
Service Type M
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Income and Expense Statemen~
PACSES Case No.
INSDRANCE COMPANY POLICY 41 H W C
Health/Accident
Disability Income
Dental
Other
H - Husband
W - Wife
C - Combined
J - Joint
SUPPLEMENTAL INCOME STATEMENT
a.
This
(1 )
(2)
(3)
form is to be filled out by a person
who operates a business or practices a profession, or
who is a member of a partnership or joint venture, or
who is a sharetolder in and is salaried by a closed corporation or
similar entity.
b. Attach to this statement a copy of the following documents relating to the
partnership, joint venture, business, profession, corporation or similar
entity:
(1) the most recent Federal Income Tax return, and
(2) The most recent Profit and Loss Statement
c. Name of business:
Address and telephone number:
d. Nature of business (check one)
(I) partnershi~
(2) joint vent~re
(3) profession
(4) closed corroration
(5) other
e. Name of accountant, controller or other person in charge of financial
records:
f. Annual income from business:
(1) How often is ir.come received?
(2) Gross income pEr pay period:
(3) Net income per pay period:
(4) Specified deductions, if any:
Service Type M
Page 6 of 6
Form IN-008
Worker ID 21202
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WAYNE F. SHAOE
Attorney at Law
53 West Pomfret Street
CarHslt:, Pennsylvania
17013
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MAY 02 ZOOt J
BRENDA S. FAHNESTOCK,
Plaintiff
: IN THE COURT OF COJ\t1MON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
: CIVIL ACTION - LAW
v.
: NO. 01-6934 CIVIL TERM
ELLIS J. FAHNESTOCK,
Defendant
: IN DIVORCE
MOTION FOR APPOINTMENT OF MASTER
Defendant ELLIS J. FAHNESTOCK moves the Court to appoint a Master with respect to
the following claims:
Divorce
Alimony
Distribution of Property
Alimony Pendente Lite
and in support ofthe motion states:
1. Discovery is complete as to the claims for which the appointment of a Master is
requested.
2. Defendant has appeared in this action by his attorney, Wayne F. Shade, Esquire.
3. The statutory ground for divorce is 23 Pa.C.S. g3301(C). Plaintiff has also committed
willful and malicious desertion and absence from the habitation ofthe injured and innocent
Defendant without a reasonable cause for a period of more than one year under 23 Pa.C.S.
g3301~A)(l).
4. Miscellaneous: The action is contested with respect to the claims for distribution of
property, alimony and alimony pendente lite.
5. The action does not involve complex issues oflaw or fact.
6. The hearing is not expected to take more than a day.
Date: May I, 2002
d/~E~
Wayn . Shade, Esquire
Attorney for Defendant
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W A YNIE F. SHAOE
Attomeyat Law
53 West lPomfret Street
Carlisle, Pennsylvania
1:7013
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BRENDA S. FAHNESTOCK,
Plaintiff
: IN THE COURT OF COMJ\10N PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
v.
: NO. 01-6934 CIVIL TElU\1l
ELLIS J. FAHNESTOCK,
Defendant
: IN DIVORCE
APPEARANCE
TO: Curtis R. Long, Prothonotary
Please enter the appearance of the undersigned on behalf of Defendant Ellis J.
Fahnestock, also known as E. James Fahnestock in the above-captioned matter.
Date: December 13, 2001
W~~h~~
Supreme Court No. 15712
53 West Pomfret Street
Carlisle, Pennsylvania 17013
Telephone: 717-243-0220
Attomey for Defendant
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BRENDA S. FAHNESTOCK,
P1aintift7Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
CIVIL ACTION - DIVORCE
ELLIS J. FAHNESTOCK,
DefendantJRespondent :
NO. 2001-6934 CIVIL TERM
IN DIVORCE
DR# 31626
Pacses# 316104417
ORDER OF COURT
.AND NOW, this 8th day of May, 2002, based upon the Court's determination that Petitioner's monthly
net income/earning capacity is $1,838.17 and Respondent's monthly net incomelearnitng capacity is
$2,659.75, it is hereby Ordered that the Respondent pay to the Pennsylvania State Collection and
Disbursement Unit, $102.00 per month payable monthly as follows; $92.00 for alimony pendente lite
and $10.00 on arrears. First payment due on next pay date. Arrears set at $157.00 as of May 8,2002.
The effective date of the order is March 21,2002.
Alimony Pendente Lite is $65.00 per month from March 21,2002 through April 20, 2002.
Failure to make each payment on time and in full will cause all arrears to become subject to immediate
wllection 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
~imited to, commitment of the Respondent to prison for a period not to exceed six months.
Said money to be turned over by the P A SCDU to: Brenda S. Fahnestock. Payments must be made
by check or money order. All checks and money orders must be made payable to P A SCDU and
mailed to:
PASCDU
P.O. Box 69110
Harrisburg, PA 17106-9110
Payments must include the defendant's P ACSES Member Number or Social Security Number in order
to be processed. Do not send cash by mail.
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OF':' fJT'-OI~OTARY
02 MAY 13 f1i1 8: 16
CUMBi.:..i1LAND COUN1Y
PENNSYLVANIA
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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 ofthis order, the Petitioner shall submit written proof that medicll1 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 hospitll1 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
Mailed copies on
5-8-02 to; <
BY THE COURT,
Petitioner
Respondent
Robert O'Brien, Esquire
Wayne Shade, Esquire
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Edgar B. Bayley
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WAYNEF. SHADE
ATIORNEY AT LAW
53 WEST POMFRET STREET
CARLISLE. PENNSYLVANIA 17013
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(717) 243-0220
(800) 243.0220
FAX (717) 249-0017
May 8, 2002
Ms. Rickie J. Shadday
Domestic Relations Office
13 North Hanover Street
Carlisle, Pennsylvania 17013
Re: Fahnestock v. Fahnestock
PACSESif~;t('l;!l.~ 3/4>10 ~4f'.?
No. Hll~ g ::801, D&31~.59 " f
Dear Ms. Shadday: ;; I G~ t (;
Please enter our appeal from the Recommended Order of alimony pendente lite
and request for hearing de novo in the above matter.
Very truly yours,
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WaY~hade (")~
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WFS/cjt
cc: Robert L. O'Brien, Esquire
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BRENDA S. FAHNESTOCK,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
CIVIL ACTION - LAW
NO. 01 - 6934 CIVIL
ELLIS J. FAHNESTOCK,
Defendant
IN DIVORCE
NOTICE OF PRE-HEARING CONFERENCE
TO: Robert L. O'Brien
Attorney for Plaintiff
Wayne F. Shade
, 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 28th day of October 2002, at
9:30 a.m., at which time we will review the pre-trial
statements previously filed by counsel, define issues,
identify witnesses, explore the possibility of settlement
and, if necessary, schedule a hearing.
Very truly yours,
Date of Notice: 8/26/02
E. Robert Elicker, II
Divorce Master
Robert L. O'Brien, Attorney for Defendant, has not filed a
pre-trial statement as of the date of this notice.
Wayne F. Shade, Attorney for Plaintiff, filed a pre-trial
statement on August 15, 2002.
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OFFICE OF DIVORCE MASTER
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
9 North Hanover Street
Carlisle, PA 17013
(717) 240-6535
E. Robert Elicker, II
Divorce Master
Traci Jo Colyer
Office Manager/Reporter
West Shore
697-0371 Ex!. 6535
July 25, 2002
Robert L. O'Brien, Esquire
O'BRIEN, BARIC & SCHERER
17 West South Street
Carlisle, PA 17013
Wayne F. Shade, Esquire
53 West Pomfret Street
Carlisle, PA 17013
RE: Brenda S. Fahnestock vs. Ellis J. Fahnestock
No. 01 - 6934 Civil
In Divorce
Dear Mr. O'Brien and Mr. Shade:
Both counsel have requested that I schedule this case for a
conference although we are still waiting on an appraisal of the real estate
where husband is residing. However, I will proceed on the basis that
when we get to the pre-hearing conference we will have no outstanding
discovery issues and that the matter will be ready for trial.
A divorce complaint was fIled on December 10, 2001, raising
grounds for divorce of irretrievable breakdown of the marriage and the
economic claims of equitable distribution, alimony, and alimony
pendente lite. No claims have been raised by either party for counsel
fees.
I am going to assume that the parties will both sign affidavits of
consent and waivers of notice of intention to request entry of divorce
decree so that the divorce can be concluded under Section 330I(c) of the
Domestic Relations Code. I also assume that there is no issue with
regard to the date of separation and that both parties agree to the date of
August 16, 2000.
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Mr. O'Brien and Mr. Shade, Attomeys at Law
25 July 2002
Page 2
In accordance with P.R.C.P. 1920.33(b) I am directing each counsel
to file a pretrial statement on or before Friday, August 16,2002. Upon
receipt of the pretrial statements, I will immediately schedule a pre-
hearing conference with counsel to discuss the issues and, if necessary,
schedule a hearing.
Very truly yours,
E. Robert Elicker, II
Divorce Master
NOTE:
Sanctions for failure to file the pretrial statements are set
forth in subdivision (c) and (d) of Rule 1920.33.
THE ORIGINAL PRETRIAL STATEMENT SHOULD BE FILED
IN THE MASTER'S OFFICE AND A COPY SENT DIRECTLY
TO OPPOSING COUNSEL.
FAILURE TO FILE PRETRIAL STATEMENTS AS DIRECTED
BY THE MASTER MAY RESULT IN THE MASTER'S
APPOINTMENT BEING VACATED.
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WAYNEF. SHADE
ATTORNEY AT LAW
53WESTPOMFRETSTREET
CARLISLE, PENNSYLVANIA 17013
(717) 243-0220
(800) 243-0220
FAX (717) 249-0017
July 24, 2002
E. Robert Elicker, II, Esquire
Office of the Divorce Master
9 North Hanover Street
Carlisle, Pennsylvania 17013
Re: Brenda S. Fahnestock v. Ellis J.Fahnestock
No. 01-6934 Civil Term
Dear Mr. Elicker:
Prior to April 1, 2002, we provided counsel for Wife with all of the economic
information which we have in the above matter.
As indicated in our Certification of May 15,2002, we advised cOUlllsel for Wife in
writing on April 1, 2002, that, in the absence of issuance of formal written discovery
within twenty days, we would file a Motion for Appointment of Master with an
indication that discovery was complete. When we heard nothing further prior to May 2,
2002, we filed our Motion for Appointment of Master. It is now more than two months
later, and we have still received no request for discovery from Wife.
In our Certification of May 15,2002, we requested that a Directive for filing of
Pre-Trial Statements be issued immediately in view of the failure of Wife to request
discovery.
We do not understand a process in which a party is permitted to unilaterally delay
the proceedings where we have disclosed everything that there is to disclose and where
Wife is collecting alimony pendente lite after having been specifically denied spousal
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E. Robert Elicker, II, Esquire
July 24, 2002
Page 2
support by the Support Master for having deserted her husband without cause and without
his consent. We would respectfully request the immediate issuance of a Directive for
filing of Pre- Trial Statements.
Very truly yours,
jLJ~
Wayne F. Shade
WFS/cjt
cc: Robert L. O'Brien, Esquire
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O'BRIEN, BARIC & SCHERER
17 West Sauth Street
Carlisle, Penn.~vlvaJ1ia 17013
Robert L O'Brien
David A, Baric
Michael A. Scherer
(717) 249-6873
Fax (717) 249-5755
E-mail: obs(iiJ,abslaw.cmn
July 24, 2002
E. Robert Elicker, II, Esquire
9 North Hanover Street
Carlisle, Pennsylvania 17013
Re: Fahnestock VS. Fahnestock
Dear Mr. Elicker:
I have reviewed my file and talked with my client about Mr. Shade's request for this
matter to move forward, It appears that Mr. Shade has provided much information in
reference to the clients' assets and the various bills. One thing that is lacking is an
appraisal of the parties' real estate where the husband has been residing since the parties'
separation. I believe that appraisal can take place while this matter is being considered
by your office.
Accordingly, please schedule this for a conference at your earliest convenience.
O'BRIEN, BARIC & SCHEIRER
~~
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Robert L. O'Brien, Esquire
RLO/ta
cc: Brenda Fahnestock
Wayne F. Shade, Esquire
File
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BRENDA S. FAHNESTOCK,
Plaintiff
v.
ELLIS J. FAHNESTOCK,
Defendant
AND NOW, this
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2001-6934
CIVIL ACTION - LAW
IN DIVORCE
ORDER OF COURT
day of
, 2002, the Plaintiff's Motion for
Hearing on Alimony Pendente Lite is referred to the County Domestic Relations Office
for a hearing.
Robert L. O'Brien, Esquire
Attorney for Plaintiff
Wayne F. Shade, Esquire
Attorney for Defendant
. "-"~':-:"-,s~ -, .
BY THE COURT,
J.
,
. .
BRENDA S. FAHNESTOCK,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 2001-6934
ELLIS J. FAHNESTOCK,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
MOTION FOR HEARING ON
ALIMONY PENDENTE LITE
1. Movant is Robert L. O'Brien, Esquire, attorney for the Plaintiff in the
above-captioned action.
2. Plaintiff has filed a count for Alimony Pendente Lite in the above-
captioned action.
WHEREFORE, Petitioner respectfully requests that the Alimony Pendente
Lite matter be referred to the County Domestic Relations Office for a hearing.
Respectfully submitted,
O'BRIEN, BARIC & SCHERER
By - 'K f:L'f<.AAM.- .
.
Robert L. O'Brien, Esquire
. Attorney for Plaintiff
1.0. # 28351
17 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
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BRENDA S. FAHNESTOCK,
Plaintiffi'Petitioner
IN THE COURT OF COMMON Pl,EAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
CIVIL ACTION - DIVORCE
ELLIS J. FAHNESTOCK,
DefendantJRespondent
NO. 2001-6934 CIVIL TERM
IN DIVORCE
DR# 31626
PacseS# 316104417
ORDER OF COURT
AND NOW, this 12th day of April, 2001, upon consideration of the attached Petition for Alimony
Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective (:ounsel appear
before RJ. Shaddav onMav 8. 2002 at 10:30A.M. for a conference, at 13 N. Hanover St., Carlisle, PA
17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be
entered.
YOU are further ordered to bring to the conference:
(I) a true copy ofyonr most recent Federal Income Tax Return, including W-2's as filed
(2) yonr 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 yonr arrest.
BY THE COURT,
George E. Hoffer, President Judge
Mail copies on
4-12-02 to:
Petitioner
< Respondent
Rob O'Brien, Esquire
Wayne Shade, Esquire
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Date of Order: April 12, 2002
(
YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND'
REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO
OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET
LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LffiERTY A VB.
CARLISLE, PENNSYLVANIA 17013
(717) 249-3166
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WAYNEF. SHAOE
Attorney at Law
53 West Pomfret Street
Carlisle, P'~nnsy]vania
17013
,*;, .. ..,
MAY 02 200?
BRENDA S. FAHNESTOCK,
Plaintiff
: IN THE COURT OF COMNION PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
: CIVIL ACTION - LAW
v.
: NO. 01-6934 CIVIL TERM
ELLIS J. FAHNESTOCK,
Defendant
: IN DIVORCE
MOTION FOR APPOINTMENT OF MASTER
Defendant ELLIS 1. FAHNESTOCK moves the Court to appoint a Master with respect to
the following claims:
Divorce
Alimony
Distribution of Property
Alimony Pendente Lite
and in support ofthe motion states:
I. Discovery is complete as to the claims for which the appointment of a Master is
requested.
2. Defendant has appeared in this action by his attomey, Wayne F. Shade, Esquire.
3. The statutory ground for divorce is 23 Pa.C.S. g3301(C). Plairrtiffhas also committed
willful and malicious desertion and absence from the habitation of the injured and innocent
Defendant without a reasonable cause for a period of more than one year umder 23 Pa.C.S.
g330l (A)(l).
4. Miscellaneous: The action is contested with respect to the claims for distribution of
property, alimony and alimony pendente lite.
5. The action does not involve complex issues oflaw or fact.
6. The hearing is not expected to take more than a day.
Date: May 1,2002
d/~E~
Wayn . Shade, Esquire
Attorney for Defendant
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WAYNEf. SHAOE
Attorney at Law
53 West Pomfret Street
Carlisle, Pennsylvania
17013
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ORDER APPOINTING MASTER
AND NOW, 3
with respect to the follow'
pendente lite.
, 2002, E. Robert Elicker, Esquire, is appointed Master
Divorce, distribution of property, alimony and alimony
By the Court,
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ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT
~ IN&' g ~D1
State Commonwealth of Pennsvlvania ~*<;[') ,;/5?IOl.JOJ("
Co.lCity/Dist. of CUMBERLAND i)!t'- $f~5'7
Date of Order/Notice 05/08/02
Court/Case Number (See Addendum for case summary) ,o~12- a 1& df..p
) RE: FAHNESTOCK, ELLIS J.
) Employee/Obligor's Name (last, First, MI)
) 179-44-7748
) Employee/Obligor's Social Security Number
) 0462100897
) Employee/Obligor's Case Identifier
) (See Addendum for plaintiH names associilted with cases on attachment)
) Custodial Parent's Name (last, First, Mil
)
o Original Order/Notice
(g) Amended Order/Notice
lierminate OrderlNotice
EmployerlWithholder's Federal EIN Number
DAILY EXPRESS INC
EmployerNVithholder's Natne
PO BOX 39
EmployerNVithholder's Address
CP~LISLE PA 17013-0039
See Addendum for dependent nameS and birth dates associated with Cases on attachment.
ORDER INFORMA TlON: This is an Order/Notice to Withhold Income for Support based upon an order for support
from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these
amounts from the above-named employee'sfobligor's income until further notice even if the Order/Notice is not
issued by your State.
$ 606.00 per month in current support
$ 46.00 per month in past-due support Arrears 12 weeks or greater? Oyes <X) no
$ 0.00 per month in medical support
$ 0 . 00 per month for genetic test costs
$ per month in other (specify)
for a total of $ 652 . 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:
$ 150.46 per weekly pay period.
$ 300.92 per biweekly pay period (every two weeks).
$ 326.00 per semimonthly pay period (twice a month).
$ 652.00 per monthly pay period.
REMITTANCE INFORMATION:
You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this
Order/Notice. Send payment within seven (7) working days of the paydateldate of withholding. You are entitled to
deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the
the allowable amount. The total withheld amount; and your fee, cannot exceed 55% of the employee'sf obligor's
aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is
needed (See #9 on pg. 2).
If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer
Customer Service at 1-877-676-9580 for instructions.
Make Remittance Payable to: PA SCDU
Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112
IN ADDITION, PA YMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown
above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED.
DO NOT SEND CASH BY MAIL.
Date of Order:
MAY 1 0 20l1Z
v\
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510-0")-. OMBNo,,0970-0154
tXPlration Date: 12/31/00
Service Type M
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'\ ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS
D \fchecked you are required to provide a copy of this form to your employee.
1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income.
Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting
agency listed below.
2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment
to each agency requesting withholding. You must, however, separately identify the portion of the sjngle payment that is attributable to
each employee/obligor.
3. * Repolt;"g tl,~ raydatefD~te of Witl,l,oldi"g. You I,,",t lepolt tl ,e paydOI.,""ate of ..,tl,l,olding ..1"" ~e"d,"g lI,e poy",e"t. TI,e
-paydaI:e/date of ..ill,l,ol",,,g i, tl,e date 0" ..I,iel, a",OJI ,t ..as ..ithl,el" flO10 tI ,L <",ploy.e', ..age,. You must comply with the law of the
state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the
withholding order and forward the support payments.
4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support
against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must
follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest
extent possible. (See #9 below)
S. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for
you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below.
WITHHOLDER'S ID: 2315301230
EMPLOYEE'S/OBLlGOR'S NAME: FAHNESTOCK, ELLIS J.
EMPLOYEE'S CASE IDENTIFIER: 0462100897 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 govems
unless the obligor is employed in another State, in which case the law of the State in which he or she is empioyed governs.
8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from
employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding.
Pennsyivania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is
employed governs.
9. * Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit
Protection Act (15 U.s.c. 91673 (b)l; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment.
The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory
deductions such as: State, Federal, local taxeSi Social Security taxesi and Medicare taxes.
10.
*NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the
law of the state that issued this order with respect to these items.
Requesting Agency:
pOMESTIC RELATIONS SECTION
Y 3 N. HANOVER ST
['.0. BOX 320
CARLISLE PA 17013
If you or your employee/obligor have any questions,
contact WAGE ATTACHMENT UNIT
by telephone at (717) 240-6225 or
by FAX at 17171 240-6248 or
by Internet @
Page 2 of 2
Form EN-028
Worker ID $IATT
Service Type M
OMS No.: 0970-0154
Expiration Date: 12/31/00
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ADDENDUM
Summary of Cases on Attachment
Defendant/Obligor: FAHNESTOCK, ELLIS J.
257104055!31 ;)..r;0; PACSES Case Number 316104417/:31(" d-Y
Plaintiff Name
BRENDA S. FAHNESTOCK
Docket Attachment AmQunt
01-6934 CIVIL$ 102.00
Child(ren)'s Name(s):
PACSES Case Number
Plaintiff Name
BRENDA S. FAHNESTOCK
Docket Attachment Amount
01ii'i:6S 2001 $ 550.00
Child(ren)'s Name(s):
Sl\.ll,l\.!'II<::c:Jr,.~fNl!'!,J;:sr9<::I< '
DOB
, . ".,Ol/24/84
,.'0..:',:'.,:,:::,:::':,::::::::,:::,:,""":"'''.'':""::.':'.':':':::: . ..:::::."
d;f~"~~k~d,~~~~~r~~~ired to enroll the child(ren) ,,'
identified above in any health insurance coverage available
througlh the employee's/obligor's employment.
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DOB
D If checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DOB
d;;~~~~~~j:~ou are requir~~to~~r~II;~~~";I~(;~~),.r' '.,.'
identified above in any health insurance coverage available
through the employee's/obligor's employment.
Service Type M
DOB
D If checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DOB
D 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
Chiid(ren)'s Name(s):
DOB
· b I;~~~~k~~,~~~ a;~ ;~~~i;:~<t~enroll the~~il~i~n)< '
identified above in any health insurance coverage availabie
through the employee's/obligor's employment.
Addendum
Form EN-028
Worker ID $IATT
OMS No.: 0970-0154
Expiration Date: 12/31/00
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BRENDA S. FAHNESTOCK,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
: CIVIL ACTION - LAW
v.
ELLIS J. FAHNESTOCK,
Defendant
: NO. 01-6934 CIVIL TERM
: DR# 31626
: PACSES# 316104417
DEMAND FOR HEARING
DATE OF ORDER: May 8, 2002
AMOUNT: $92.00 per month plus $10.00 per month on arrears
FOR: Alimony Pendente Lite
REASON(S):
1. Plaintiff has no legal need for alimony pendente lite; and
2. Plaintiff has refused to move the divorce proceedings forward.
PARTY FILING DEMAND FOR HEARING:
~~
Wayne . Shade, EsqUlre
Date: May 21, 2002
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41 ~., ~
WAYNEF. SHADE
ATTORNEY AT LAW
53 WEST POMFRET STREET
CARLISLE, PENNSYLVANIA 17013
3/{.p./() 'I '/ff
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May 8, 2002
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(717) 243-0220
(800) 243,0220
Ms. Rickie J. Shadday
Domestic Relations Office
13 North Hanover Street
Carlisle, Pennsyivania 17013
Dear Ms. Shadday:
Re: Fahnestock v. Fahnestock
P ACSES ~le:4(t5) '3/ (,p I c, ;;/
No. WIt g 28el, DR.2US9
#",' II 'I I
, VI' c- '\-l'
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Please enter our appeal from the Recommended Order of alimony pendente lite
and request for hearing de novo in the above matter.
WFS/cjt
cc: Robert L. O'Brien, Esquire
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State Commonwealth of Pennsvlvania
Co./City/Dist. of CUMBERLAND
Date of Order/Notice 01/03/03
Tribunal/Case Number (See Addendum for case summary)
ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT
'Of:/, df)()I- & 93'1 Ci/liL
!/T(!')f3 3r (" ({)l!{lO
o Original Order/Notice
@ Amended Order/Notice
o Terminate Order/Notice
DAILY EXPRESS INC
PO BOX 39
CARLISLE PA 17013-0039
RE: FAHNESTOCK, ELLIS J.
Employee/Obligor's Name (Last, First, MI)
179-44-7748
Employee/Obligor's Social Security Number
0462100897
Employee/Obligor's Case Identifier
(See Addendum for plaintiff names
associated with cases on attachment)
Custodial Parent's Name (Last, First, MI)
EmployerM'ithholder's Federal EIN Number
See Addendum for dependent names and birth dates associated with cases on attachment.
ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support
from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these
amounts from the above-named employee'sfobligor's income until further notice even if the Order/Notice is not
issued by your State.
$ 60.00 per month in current support
$ 0.00 per month inpast'due support Arrears 12 weeks or greater? Oyes@ no
$ 0.00 per month in medical support
$ 0 . 00 per month for genetic test costs
$ per month in other (specify)
for a total of $ 60 . 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:
$ 13 . 85 per weekly pay period.
$ 27.69 per biweekly pay period (every two weeks).
$ 30.00 per semimonthly pay period (twice a month).
$ 60.00 per monthly pay period.
REMITTANCE INFORMATION:
You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this
Order/Notice. Send payment within seven (7) working days of the paydateldate of withholding. You are entitled to
deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the
allowable amount. the total withheld amount, and your fee, cannot exceed 55% of the employee'sf obligor's
aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is
needed (See #100n pg.2).
If remitting by EH/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
SE~nd check to:PennsylvaniaSCDU, P.O. Box 69112, Harrisburg, Pa 17106-91112
IN ADDITION, PA YMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER 10 (shown
above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED.
DO NOT SEND CASH BY MAIL.
Service Type M
m t"' ~ IUD
l'c).iJ~i.
/cu.;.Q3
OMB No.: 0970-01 S4
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Date of Order:
JJX~ - \) luG3
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ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS
o If ~hecked you are required to prpvide a copy of this form to you, employee. If your employee works in.a state that is
ditterentTrom the state that issued this order, a copy must be prOVided to your employee even lithe box IS not checked.
1. We appreciate the voluntary compliance of Federally recognized Indian tribes, tribally-owned businesses, and Indian-owned
businesses located on a reservation that choose to withhold in accordance with this notice.
2. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income.
Federall tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting
agency listed below.
3. Co,.bining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to
each Ollency requestingwilhholding. You must, however, separately identify the portion olthe single payment that is attributable to each
employee/obligor.
4. "-RePOlt;"g tl,. P3ydatefD.t. of Will,l,oldil ,g. You ,,,"3t l~pOlt tl,e p.ydate/d.t" of "itl,l,old;",; "I,en 3endil,g tl ,e ~'y",el,t. TI,e
paydate;'datt: of "itl,l,oldi"g is the d.t, "" ,,1,iel1 31"OUI,t "as ,,;U,I,eld Iton, tl,~ el"pI6y"e'S ".ges. You must comply with the law olthe
state o!'the employee'slobligor's principal place of employment with respect to the time periods within which you must implement the
withholding order and forward the support payments.
5." Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against
this employee/obligor and you are unable to honor all support Order/Notices duelo 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 #1 0 below)
6. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you.
Please provide the information requested and retUrn a copy of this Order/Notice to the Agency identified below.
WITHHOLDER'S ID: 2315301230
EMPLOYEE'SIOBLlGOR'S NAME:
EMPLOYEE'S CASE IDENTIFIER:
LAST KNOWN HOME ADDRESS:
NEW EMPLOYER'S NAME/ADDRESS:
FAHNESTOCK. ELLIS J.
0462100897, DATE OF SEPARATION:
7. lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or
severance pay. If you have any questions about lump sum payments, contact the person or authority below.
8. Liability: If you fail 10 withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have
withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless
the obligor is employed in another State, in which case the law of the State in which he or she is employed governs.
9, Anli-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment,
refusing to employ, ortakingdisciplinaryaction against any employee/obligor because of a support withholding. Pennsylvania State law
governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs.
10." Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit
Protection Act (15 U.S.c. 91673 (bll; or 2) the amounts allowed by the State of the employee's/obligor's piincipal place of employment.
The F,<lerallimit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left alter making mandatory
deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes.
11. Additional Info:
"NOTE: If you oryour agent are served with a copy of this order in the state that issued the order, you are to follow the
law olf the state that issued this order with respect to these items.
Submitted By: If you Or your employee/obligor have any questions,
POMESTIC RELATIONS SECTION contact WAGE ATTACHMENT UNIT
J 3 N. HANOVER ST by telephone at (717) 240-6225 or
p.O. BOX 320 by FAX at (717) 240-6248 Or
(:ARlISlE PA 17013 ' by internet www.childsupport.state.pa.us
Page 2 of 2
Form E N-028
WorkerlD $IATT
Service Type M
OMB No.: 0970-0154
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ADDENDUM
Summary of Cases on Attachment
Defendant/Obligor: FAHNESTOCK, ELLIS J.
PACSES Case Number 316104417
Plaintiff Name
BREND~ FAHNESTOCK
Docket Attachment Amount
01-6934CIVIL$ 60.00
Child(ren)'s Name(s):
PACSES Case Number
Plaintiff Name
DOB
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
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identified above in any health insurance coverage available
through the employee'sJobligor's employment.
PACSES Case Number
Plaintiff Name
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DOB
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
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o If checked, you are required to enroll the child(ren)
identitled above in any health insurance coverage available
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PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
PACSES Case Number
Plaintiff Name
DOB
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
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Addendum
Form EN-028
Worker ID $IATT
Service Type M
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BRENDA S. FAHNESTOCK,
plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 01 - 6934 CIVIL
ELLIS J. FAHNESTOCK,
Defendant
IN DIVORCE
ORDER OF COURT
AND NOW, this O(tf Jk- day of .;(..~~,
2003, the economic claims raised in the proceedings having
been resolved in accordance with a property settlem,ent and
separation agreement dated February 5, 2003, the appointment
of the Master is vacated and counsel can file a praecipe
transmitting the record to the Court requesting a. final
decree in divorce.
BY THE COURT,
cc: Robert L. O'Brien
Attorney for Plaintiff
P.J.
Wayne F. Shade
Attorney for Defenda.nt
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WAYNEF. SHADE
Attorney at Law
53 West Pomfret Street
Carlisle, Pennsylvania
1'7013
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PROPERTY SETTLEMENT AND SEPARATION AGREEMENT
THIS AGREEMENT, made this sa day of -1~ ,2003, at
Carlisle, Cumberland County, Pennsylvania, by and between E. JAMES FAHNESTOCK
of 26 Chestnut Street, Mt. Holly Springs, Pennsylvania 17065 (hereinafter referenced as
"Husband")
AND
BRENDA S. FAHNESTOCK of 36 West Pomfret Street, Carlisle, Pennsylvania 17013
(hereinafter referenced as "Wife").
ARTICLE I
SEPARATION
1.01 Separation of Parties. Differences have arisen between the parties as a
result of which they have been living separately and apart since August 16,2000.
1.02 Intention to Live Apart. The parties intend to maintain separate and
permanent dom:iciles and to live apart from: each other. It is the intention and purpose of
this Agreement to set forth the respective rights and duties of the parties while they
continue to live apart from each other and to settle all financial and ]property rights
between them.
ARTICLE II
ENFORCEABILITY AND CONSIDERATION
2.01 Equitable Distribution of Marital Property. The parties have attempted to
divide their marital property in accordance with the statutory rights of the parties and in a
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Attorney at Law
53 West Pomfret Street
Carlisle, Pennsylvania
17013
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manner which conforms to the criteria set forth in ~40 1 of the Pennsylvania Divorce
Code, and taking into account the following considerations: Any prior marriages of the
parties; the age, health, station, amount and sources of income, vocational skills,
employability, estate, liabilities and needs of each of the parties; the ,:ontributions of each
party; the opportunity of each party for future acquisition of capital assets and income;
the sources of income of each party, including, but not limited to, medical, retirement,
insurance or other benefits; the contribution or dissipation of each party in the
acquisition, preservation, depreciation or appreciation of marital property, including the
contribution of each party as homemaker; the value of the property set apart to each
party; the standard ofliving of the parties established during the marriage; and the
economic circumstances of each party at the time the division of property is to become
effective.
The division of existing marital property is not intended by the parties to constitute
in anyway a sale or ex~hange of assets, and the division is being effected without the
introduction of outside funds or other property not constituting marital property. The
division of property under this Agreement shall be in full satisfaction of all rights of
equitable distribution of the parties.
2.02 Incorporation and Merger. This Agreement shall be incorporated but not
merged in the decree of divorce contemplated herein. This Agreement shall survive any
action for divorce and decree of divorce and, unless otherwise set forth herein shall
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Carlisle, Pennsylvania
17013
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forever be binding and conclusive on the parties; and any independent action may be
brought, either at law or in equity, to enforce the terms ofthis Agreement by either
Husband or Wife until it shall have been fully satisfied and performed. Any provisions
herein concerning property rights, alimony and counsel fees shall not be modifiable. The
considerations for this Agreement are the mutual benefits to be obtained by both of the
parties hereto and the covenants and agreements of each of the parties to the other. The
adequacy of the consideration for all agreements herein contained is stipulated, confessed
and admitted by the parties, and the parties intend to be legally bound hereby.
2.03 Agreement Predicated on Divorce. It is specifically understood and
agreed, by and between the parties hereto and each of the said parties does hereby
warrant and represent to the other, that the execution and delivery of this Agreement is
predicated upon an agreement for institution and prosecution of an action for divorce.
Nothing contained in this Agreement shall prevent or preclude either of the parties hereto
from commencing, instituting or prosecuting any action or actions for divorce, either
absolute or otherwise, upon just, legal and proper grounds; nor to prevent either party
from defending any such action which has been, mayor shall be instituted by the other
party, nor from making any just or proper defense thereto. It is warranted, covenanted
and represented by Husband and Wife, each to the other, that this Agreement is lawful
and enforceable and this warranty, covenant and representation is made for the specific
purpose of inducing Husband and Wife to execute the Agreement. Husband and Wife
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each knowingly and understandingly hereby waive any and all possible claims that this
Agreement is, for any reason, illegal or for any reason whatsoever of public policy,
unenforceable in whole or in part. Husband and Wife do each hereby warrant, covenant
and agree that, in any event, he and she are and shall forever be estopped from asserting
any illegality or unenforceability as to all or any part of this Agreement.
2.04 Representation by Independent Counsel. Each of the: parties are
represented by independent counsel in the preparation and execution of this Agreement.
Husband is represented by Wayne F. Shade, Esquire, and Wife is represented by Robert
L. O'Brien, Esquire, of O'Brien, Baric & Scherer.
ARTICLE III
EQUITABLE DIVISION OF MARITAL PROPERTY
3.01 Equitable Division of Real Property. At the time of execution of this
Agreement, Wife will execute a special warranty Deed transferring all of her right, title
and interest in the marital real estat~ to Husband with a recitedconsideration of$82,000
and other good and valuable considerations. The Deed will be held in escrow by counsel
for Wife pending payment to Wife of the sum of $30,000 in cash as part of her equitable
distribution in the process of the refinancing of the mortgage against the real estate.
Husband shall see to the refinancing of the mortgage by April 15, 2003. At closing on
the refinancing of the existing mortgage, the Deed will be delivered to counsel for
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Husband upon payment of the aforesaid $30,000. There shall be no other escrow
conditions upon delivery of the Deed.
3.02 Equitable Division of Personal Property.
(a) Wife's grandfather's handsaw will be transferred to Wife upon execution of
this Agreement. The childrens' belongings such as toys, games, keepsakes and the like
will be transferred to the children in the future upon their request. All other fumiture,
household goods and other similar untitled personal property have been divided to the
mutual satisfaction of the parties hereto, and each of the parties retains absolute
ownership of such items in his or her possession or control at the date of this Agreement.
The property shall be deemed to be in the possession or under the control of either party
if, in the case of tangible personal property, the item is physically in the possession or
control of the party at the time of the signing of this Agreement and, in the case of
intangible personal property, if any physical or written evidence of ml\lIlership, such as
passbook, checj{book, policy or certificate 9f insurance or other similar writing is in the
possession or control of the party, unless provided otherwise in this Agreement.
(b) Wife's share of equitable distribution is agreed to be $114,825 plus 55% of
the $2,223.45 in escrow from the proceeds of sale of the marital motor home for a total of
$116,047.89. In addition to the aforesaid $30,000 in cash and the $4,200 in her
retirement account, Wife will receive $81,847.89 in a tax-deferred rollover from
Husband's Daily Express profit sharing account under the terms of a Supplemental
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53 West Pomfret Street
Carlisle, Pennsylvania
17013
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Decree in Divorce in the form of a Qualified Domestic Relations Order to be prepared by
counsel for Husband and as ultimately approved by the Plan Administrator and the Court,
a copy of which will be incorporated herein by reference as though fully set forth.
(c) Husband will retain absolute ownership of all of the remaining marital
property, including, without limitation, the balance of his Daily Express profit sharing
account, Daily Express frozen bond fund, life insurance cash value and 1991 Jeep.
(d) Except as otherwise set forth above, the parties will execute and deliver any
documents necessary, at any time, to formally release their rights in or claims to the
employee benefits, including without limitation, employee pension, stock, profit sharing
and savings plans, if any, of the other. The parties acknowledge that the effect of this
release is that he or she will not be entitl~d to any benefits whatsoever from the aforesaid
employee benefits of the other.
(e) The parties will, at any time, execute and deliver any documents necessary to
formally release theiuights and all claims to any Jife insurance of the other. '
(t) Husband will see to the reproduction of any family photographs of which Wife
would desire copies. Upon Wife's payment to Husband of half the expense of
reproduction of the photographs, Wife will receive either the original or the copy of each
reproduced photograph at her option.
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ARTICLE IV
DEBTS OF PARTIES
4.01 Loans. Responsibility for the outstanding loan obligations of the parties is
assigned, as follows:
(a) Husband will make all reasonable efforts to refinance the: mortgage on the
marital real estate by April 15, 2003.
(b) Wife will assume all obligations, if any are ever asserted by the lessor, with
respect to the lease ofthe 2000 Oldsmobile automobile.
4.02 Unreimbursed Medical Expenses. Wife's claims against Husband for
unreimbursed medical expenses for Sara, if any, under the previous ,child support order
for Sara are preserved.
"
4.03 Post-Separation Obligations. Each party represents to the other that, except
as specifically set forth immediately above, there are no outstanding joint obligations of
the parties and that since the separation neither party has contracted for any debts for
which the other will be responsible.
4.04 Indemnification. Each party indenmifies and holds harmless the other for
all obligations separately incurred or assumed under the provisions of this Agreement.
4.05 Bankruptcy. The respective duties, covenants and obligations of each party
under this Agreement shall not be dischargeable by bankruptcy, but iif any bankruptcy
WAYNE F. SHADE
Attom,y at Law court should discharge a party of accrued obligations to the other, this Agreement shall
53WestP<lmfretStreet
Carlisle, Pennsylvania
17013
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continue in full force and effect thereafter as to any duties, covenants and obligations
accruing or to be performed thereafter. In the event that either party becomes a debtor in
bankruptcy or financial reorganization proceedings of any kind while any obligations
remain to be performed by that party for the benefit of the other party pursuant to the
provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes
any right to claim any exemption (whether granted under state or federal law) to any
property remaining in the debtor as a defense to any claim made pursuant hereto by the
creditor spouse, and the debtor spouse hereby assigns, transfers and conveys to the
creditor spouse an interest in all of the debtor's exempt property sufficient to meet all
obligations to the creditor spouse as set forth herein, including all attorney's fees and
.
costs incurred in the enforcement ofthis paragraph or any other provision of this
Agreement. No obligation created by this Agreement shall be discharged or
dischargeable, regardless of federal or state law to the contrary, and each party waives
any and all right to assert that any obligation hereunder is discharged or dischargeable.
The failure of any party to meet his or her obligations under anyone or more of the
paragraphs herein, with the exception of the satisfaction of conditions precedent, shall not
in any way void or alter the remaining obligations of either of the parties.
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Attomc:y at Law
53 West Pomfret Street
Carlisle, Pennsylvania
17013
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ARTICLE V
ALIMONY
5.01 Qualified Waiver.
(a) Each of the parties waives alimony generally. However, any obligations
assumed by the parties under this Agreement as to which benefits flow to the other
spouse shall be payable as alimony for the purposes of enforcement Imd so as to
constitute an exception to discharge in bankruptcy but will not be deductible by the payor
or taxable to the payee for income tax purposes.
(b) The Order of July 11,2002, docketed to No. 01-6934 Civil Term in the Court
of Common Pleas of Cumberland County, Pennsylvania, P ACSES No. 316104417, for
alimony pendente lite shall be terminated as of the date issuance of a Decree in Divorce.
ARTICLE VI
COUNSEL FEES
6.01 Present Fees. In the event of amicable settlement of all marital issues and
the entry of a Decree in Divorce pursuant to mutual consent within one hundred eighty
(180) days from the date of this Agreement, each of the parties hereby assumes his and
her own counsel fees up to and including the date ofthe Decree in Divorce.
6.02 Counsel Fees After Divorce. The parties agree with respect to counsel fees
incurred after the divorce, as follows:
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53 West Pomfret Street
Carlisle, Pc:nnsylvania
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(a) In the event that future legal proceedings of any nature may be necessary for
the interpretation or enforcement of this Agreement or any valid modifications hereof, the
prevailing party shall be entitled to reasonable counsel fees incurred.
(b) Reasonable counsel fees hereunder shall be defined as reasonable hours
expended at the then hourly rate of counsel for the prevailing party.
( c) Such counsel fees shall extend to any independent proceedings necessary to
collect counsel fees or to enforce any other judgment or decree in connection with this
Agreement.
(d) Such counsel fees shall be payable as alimony so as to constitute an exception
to discharge in bankruptcy but shall not be deductible by the payor or taxable to the payee
.
for income tax purposes.
ARTICLE VII
GENERAL PROVISIONS
7.01 Income Tax Consequences. The parties have heretofore filed joint federal
and state income tax retums. Both parties agree that in the event any deficiency in
federal, state or local income tax is proposed, or any assessment of any such tax is made
against either ofthem, each will indemnitY and hold harmless the other from and against
any loss or liability for any such tax deficiency or assessment and any interest, penalty
and expense incurred in connection therewith. Such tax, interest, penalty or expense
shall be paid solely and entirely by the individual who is finally determined to be
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17013
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responsible for the deficiency or assessment. Except as otherwise set forth herein, any
income tax incidents of any kind imposed by virtue of any transfers of assets or other
payments required under this Agreement will be the responsibility of the transferee;
7.02 General Release of All Claims. Each party hereto releases the other from
all claims, liabilities, debts, obligations, actions and causes of action of every kind that
have been incurred relating to or arising from the marriage between the parties.
However, neither party is relieved or discharged from any obligation under this
Agreement or any other instrument or document executed pursuant to this Agreement.
7.03 Subsequent Divorce. Nothing hereip. contained will be deemed to prevent
either of the parties from maintaining a suit for absolute divorce against the other in any
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jurisdiction based upon any past or future conduct of the other, nor to bar the other from
defending any such suit. In the event any such action is instituted or concluded, the
parties will be bound by all of the terms of this Agreement.
7.04 Waiver of Estate Claim. Except as otherwise herein provided, in the event
of the death of either party hereto, each party hereby waives, releases and relinquishes
any and all rights that he or she may have or may hereafter acquire as the other parties'
spouse under the present or future laws of any jurisdiction, as follows:
(a) to elect to take against the will or codicils ofthe other party now or hereafter
enforced.
(b) to share in the other parties' estate in cases of intestacy.
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(c) to act as executor or administrator of the other parties' estate.
7.05 No Debts and Indemnification. Each party represents and warrants to the
other that he or she will not incur any debt, obligation or other liability, other than those
already described in this Agreement, on which the other party is or may be liable. Each
party covenants and agrees that if any claim, action or proceeding is hereafter initiated
seeking to hold the other party liable for any other debt, obligation, liability, act or
omission of such party or for any obligation assumed by a party hereunder, the party
liable will, at his or her sole expense, defend the other against any claim or demand,
whether or not well-founded, and that he or she will indemnify and hold harmless the
other party in respect to all damages resulting therefrom. The obligation created
hereunder will be payable as alimony so as to constitute an exception to discharge in
bankruptcy.
7.06 Full Disclosure. Each party asserts that he or she has made a full and
complete disclosure of all of the real and personal property of whatsoever nature and
wheresoever located belonging in anyway to each of them, of all sources and amounts of
income received or receivable by each party, and of every other fact relating in anyway to
the subject matter of this Agreement. These disclosures are part of the considerations
made by each party for entering into this Agreement.
7.07 Right to Live Separately and Free from Interference. Each party will live
WAYNEF.SHADE
Attorne:y at Law I d " th
53WestPomfretStreel separate y an apart !rom e other at any place or places that he or she may select.
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Neither party will molest, harass, annoy, injure, threaten or interfere with the other party
in any manner whatsoever. Each party may carry on and engage in any employment,
profession, business or other activity as he or she may deem advisable for his or her sole
use and benefit. Neither party will interfere with the use, ownership, enjoyment or
disposition of any property now owned or hereafter acquired by the other.
7.08 Agreement Voluntary and Clearly Understood. Each party to this
Agreement acknowledges and declares that he or she, respectively:
(a) Is fully and completely informed as to the facts relating to the subject matter of
this Agreement and as to the rights and liabilities of both parties.
(b) Enters into this Agreement voluntarily after receiving the advice of
independent counselor, having had the opportunity to do so, having decided not to do so.
(c) Has given careful and mature thought to the making of this Agreement.
(d) Has carefully read each provision of this Agreement.
. (e) Fully and completely understands each provision of this Agreement, both as to
the subject matter and legal effect.
7.09 Compliance. The parties will execute and deliver any documents necessary
to formally conclude any of their obligations under the terms of this Agreement to each
other. Any failure of a party to execute and retum to the other, within thirty (30) days of
receipt, a document that is necessary to formally conclude any obligation under the terms
of this Agreement shall be regarded as a material breach of this Agreement.
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7.10 Default. If either party fails in the due performance of any of his or her
material obligations hereunder, the party not in default will have the right to act against
the other, at his or her election, to sue for damages for breach hereof~ or to rescind this
Agreement or seek such other legal remedies as may be available to ,either party. Nothing
herein shall be construed to restrict or impair either party in the exercise of this election.
The failure of either party to insist upon strict performance of any of the provisions of
this Agreement shall not be construed as a waiver of any provision of this Agreement or
of the right to require strict performance of any other obligations under this Agreement.
7.11 Amendment or Modification. This Agreement may b,: amended or
modified only by a written instrument signed by both parties.
-'
7.12 Law Governing Agreement. This Agreement shall be governed by and
construed in accordance with the laws ofthe Commonwealth ofPellll1sylvania in effect at
the date of execution hereof irrespective where in the world either or both of the parties
hereto may reside, be domiciled or own property in the future.
7.13 Condition Subsequent. Concurrently with execution of this Agreement,
counsel for Wife will prepare the required consents and waivers in the divorce
proceedings that are pending between the parties. This Agreement is expressly
contingent upon the parties' execution and filing of their mutual consents to divorce
within ten (10) days from the date of this Agreement to such Divorce, which consents
WAYNE f. SHADE
Attorney at Law
53 West Pomfret Street may not be revoked prior to issuance of a full and final Decree in Oi vorce. In the event
Carlisle, Pennsylvania
17013
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of failure or revocation of consent as required herein, this Agreement shall become null
and void.
7.14 Reconciliation. Irrespective of the reference in the titlt: of this Agreement to
marital separation, this Agreement is intended to be a postnuptial agreement. In the event
of reconciliation, attempted reconciliation or other cohabitation of the parties hereto of
short or long duration after the date of this Agreement, this Agreement shall remain in full
force and effect in the absence of a written Agreement signed by bo1h parties hereto
expressly setting forth that this Agreement has been revoked or modified. Any attempted
reconciliation which does not result in a written agreement signed by both parties hereto
expressly setting forth that this Agreement has been revoked or modified shall not
establish any additional marital rights or obligations as a result of the attempted
reconciliation.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and
seals, intending to be legally bound hereby, the day and year first above written.
Signed, Sealed and Delivered
in the Presence of:
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Ep'ames estock
(SEAL)
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renda S. Fahnestock
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Attorney at Law
53 West Pomfret Street
Carlisle, Pennsylvallia
17013
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COMMONWEALTH OF PENNSYLVANIA)
) SS:
COUNTY OF CUMBERLAND )
On this, the Stl, day of ~ ,2003, before me, the
undersigned officer, personally appeared E. JAMES FAHNESTOCK, known to me (or
satisfactorily proven) to be the person whose name is subscribed to ilhe foregoing
Agreement and acknowledged that he executed the same for the purposes therein
contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
CL.;%-?~
Notary P hc
COMMONWEALTH OF PENNSYL VANIA)
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COUNTY OF CUMBERLAND )
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On this, the
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, 2003, before me, the
undersigned officer, personally appeared BRENDA S:FAHNESTOCK, known tome (or
satisfactorily proven) to be the person whose name is subscribed to Ithe foregoing
Agreement and acknowledged that she executed the same for the purposes therein
contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Notary Public
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State Commonwealth of Pennsylvania
Co./City/Dist. of CUMBERLAND
Date of Order/Notice 04/09/03
Tribunal/Case Number (See Addendum for case summary)
ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT
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o Amended Order/Notice
@ Terminate Order/Notice
DAILY EXPRESS INC
PO BOX 39
CARLISLE PA 17013-0039
RE: FAHNESTOCK, ELLIS J.
Employee/Obligor's Name (last, First, MI)
179-44-7"148
Employee/Obli'gor's Social Security Number
0462100897
Employee/OblIgor's Case Identifier
(See Addendum for plaintiff names
associated with cases on attachment)
Custodial Parent's Name (Last, First, Ml)
EmployerlWithholder's Federal EIN Number
See Addendum for dependent names and birth dates associated with cases on attachment.
ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support
from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these
amounts from the above-named employees/obligor's income until further notice even if the Order/Notice is not
issued by your State.
$ 0.00 per month in current support
$ 0 . 00 per month in past-due support Arrears 12 weeks or greater? 0 yes (ji) no
$ 0.00 per month in medical support
$ 0 . 00 per month for genetic test costs
$ per month in other (specify)
for a total of $ 0.00 per month to be forwarded to payee below.
You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match
the ordered support payment cycle, use the following to determine how much to withhold:
$ 0.00 per weekly pay period.
$ 0.00 per biweekly pay period (every two weeks).
$ 0.00 per semimonthly pay period (twice a month).
$ 0.00 per monthly pay period.
REMITTANCE INFORMATION:
You must begin withholding no later than the first pay period occurring ten (10) working days afterthe date of this
Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to
deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the
allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's
aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is
needed (See #10 on pg. 2).
If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer
Customer Service at 1-877-676-9580 for instructions.
Make Remittance Payable to: PA SCDU
Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112
IN ADDITION, PA YMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown
above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED.
DO NOT SEND CASH BY MAIL.
Service Type M
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Date of Order:
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ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS
D If >.hecked you are required to provide a copy of this form to your employee. If yo~r employe~ wqrks in.a state that is
ditterent from the state that issued this order, a copy must be provided to your employee even If the box IS not checked.
1. We appreciate the voluntary compliance of Federally recognized Indian tribes, tribally-owned businesses, amd indian-owned
businesses located on a reselVation that choose to withhold in accordance with this notice.
2. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income.
Federal tax levies in effect before receipt of this order have priority. If there are Federai tax levies in effect please contact the requesting
agency listed below.
3. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to
each agency requesting withholding. You must, however, separately identify the portion of the single paymenHhat is attributable to each
employee/obligor.
4. *-RepOltil,g II,e Pa,datelDale 5f Witl,l,oldil,g. Y5U n,ust le~",l tl ,e pa,date/date of ..;11 ,1,6Idil,g ..I,el, s~"d;"g II,e pa,l"el ,t. The
p-ayd-at=fdate of nitLL6ld;lIg i3 tile date 611 vvLidl arnOUlll neB nilLLeld (10111 tile eflq:)loyce's VVo.5e5. You musticomply with the law of the
state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the
withholding order and forward the support payments.
5. * Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against
this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow
the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent
possible. (See #1 0 below)
6. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you.
Please provide the information requested and return a copy of this Order/Notice to the Agency identified below.
WITHHOLDER'S ID: 2315301230
EMPLOYEE'S/OBLlGOR'S NAME:
EMPLOYEE'S CASE IDENTIFIER:
LAST KNOWN HOME ADDRESS:
NEW EMPLOYER'S NAME/ADDRESS:
FAHNESTOCK, ELLIS J.
0462100897 DATE OF SEPARATION:
7. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or
severance pay. If you have any questions about lump sum payments, contact the person or authority below.
8. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have
withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless
the obligor is employed in another State, in which case the law of the State in which he or she is employed governs.
9. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment,
refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law
governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs.
, O. * Withholding Limits: You may not withhold more than the lesser of: ') the amounts allowed by the Federal Consumer Credit
Protection Act (15 U.S.C. 91673 (b)'; 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,
11. Additional Info:
* NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the
law of the state that issued this order with respect to these items.
Submitted By: If you or your employee/obligor have any questions,
j;)OMESTIC RELATIONS SECTION contact WAGE ATTACHMENT UNIT
13 N. HANOVER ST by telephone at (717) 240-6225 or
E.O. BOX 320 by FAX at (7171 240-6248 or
CARLISLE PA 17013 by internet www.childsupport.state.pa.us
Service Type M
Page 2 of 2
Form EN-028
Worker ID $IATT
OMBNo.:097Q-0154
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In the Court of Common Pleas of CUMBERLAND County, Pennsylvania
DOMESTIC RELATIONS SECTION
BRENDA S. FAHNESTOCK ) Docket Number 01-6934 CIVIL
Plaintiff )
vs. ) PACSES Case Number 316104417
ELLIS J. FAHNESTOCK )
Defendant ) Other State ID Number
ORDER
AND NOW, to wit, on this
9TH DAY OF APRIL, 2003
IT IS HEREBY
ORDERED that the support order in this case be 0 Vacated or OSuspended or
~ Terminated without prejudice or 0 Terminated and Vacated,
effective MARCH 14, 2003 , due to:
THE PARTIES DECREE IN DIVORCE AND THEIR SETTLEMENT AGREEMENT. THERE IS A
CREDIT OF $73.55.
BY THE COURT:
DRO: RJ Shadday
xc: plaintiff
defendant
Robert O'Brien, Esquire
Wayne Shade, Esquire
JUDGE
Service Type M
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Form OE-504
Worker ID 21005
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KRZYWICKI & ASSOCIATES
Anthony P. Krzywicki, Esquire
John L. Shearburn, Esquire
P.G. Box 505
New Hope, PA 18938
(215)862-4390
Attorney for Plaintiff
Attorney ID. 23754/26852
UGI utilities Inc.
Plaintiff
VB.
Court of Common Pleas
Cumberland County
Civil Action No.
01-7107-CIVIL
Lemoyne Auto Services
Defendant(s)
Stan Deimler
Defendant(s)
PRAECIPE TO SETTLE, DISCONTINUE AND END
TO THE PROTHONOTARY:
Kindly mark this matter settled, discontinued, and ended, for
the defendants upon payment of your costs only.
KRZYWICKI & ASSOCIATES
DATED: April 11, 2003
BY:
ony P. lC :L
Attorney for Plaintiff
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
..
bVO.nr!O ~. Fahnestcc.J.<
Plaintiff
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File No. ---1:LLloq~ LJ.
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IN DIVORCE
Ellis 'Y. FCLnnestOC-k
Defendant
NOTICE TO RESUME PRIOR SURNAME
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Notice is hereby given that the Plaintiff/Defendan1i~:in (t~he
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-1!:il:b. day of m AP.OJI 2on3 . hereby elects to r~~e :.t:he'
prior surname of hreYlnn 3. BoIjI"~ . ' aOlkgi~s
this written notice pursuant to the prov1s1ons of 54 P.S. S 704.
DATE: J...j-d-,.3'D~
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Signature of name being resumed
COMMONWEALTH OF PENNSYLVANIA:
: 55.
COUNTY OF CUMBERLAND
On the 2.3 r-c;( day of ~L Z-C63. before me, a
Notary PUblic,-personally appear d the above affiant known to me to
be the person whose name is subscribed to the within document and
acknowledged that he/She executed the foregoing for the purpose
therein contained.
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In WiLness Whereof, I have hereunto set my, hand and official
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WAYNEF. SHAOE
Attorney at Law
53 West Pomfret Street
Carlisle, Pennsylvania
17013
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BRENDA S. FAHNESTOCK,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
v.
: NO. 01-6934 CIVIL TERM
ELLIS J. FAHNESTOCK,
Defendant
: IN DIVORCE
SUPPLEMENTAL DECREE IN DIVORCE
AND NOW, this ~ay of /~ ,2003, upon review of the
record in the above-captioned matter, it is ordered and decreed in accordance with the
Property Settlement and Separation Agreement between the parties, a copy of which is
attached to the Decree in Divorce herein and which is incorporated herein by reference as
though fully set forth, as follows:
The purpose ofthis Order is to create and recognize the right of Alternate Payee
under the Employee Retirement Income Security Act of 1974 and the Retirement Equity
Act of 1984 to receive the designated portions of the benefits payable to Participant with
respect to the Plan.
The Plan to which this Order applies is the Daily Express, Inc. Employees
Retirement & Profit Sharing Plan & Trust.
Participant, E. JAMES FAHNESTOCK, also known as ELLIS J. FAHNESTOCK,
whose last known mailing address is 26 Chestnut Street, Mt. Holly Springs, Pennsylvania
17065, and whose Social Security numberis 179-44-7748 was born on July 12, 1955.
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Attorney at Law
53 West Pomfret Street
Carlisle, Pennsylvania
17013
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Alternate Payee, BRENDA S. BOYER, formerly BRENDA S. FAHNESTOCK,
whose last known mailing address is 36 West Pomfret Street, Apartment 2, Carlisle,
Pennsylvania 17013, and whose Social Security number is 184-48-3074 was born on
January 9, 1956.
Alternate Payee is hereby awarded $81,847.89 of the accrued benefits of
Participant at date of distribution attributable to the marriage. The award shall be
distributed to the IRA account #184-48-3074-10 of Alternate Payee at Members 1st
Federal Credit Union, 5000 Louise Drive, Mechanicsburg, Pennsylvania 17055. The
transfer shall be effected such that there will be no income tax impa(:t upon Participant as
a result of the transfer.
This Order shall be administered and interpreted in all respects to comply with the
pertinent requirements of the Internal Revenue Code, the Employee Retirement Income
Security Act of 1974 and the Retirement Equity Act of 1984.
The Court retains jurisdiction to amend this Order, but only for the purposes of
supervision, enforcement and establishing or maintaining the qualification of the Order as
a Qualified Domestic Relations Order under and in conformity with the aforesaid federal
statutes.
Participant is ordered to notifY the Court and Alternate Payee at least sixty (60)
days before receipt of any benefits from the Plan.
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A certified copy of this Order shall be forthwith served upon the Plan
Administrator. Said Order shall take effect immediately and shall remain in effect until
further order of the Court.
This Order is a final Order.
STIPULATED AND AGREED:
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E. ames F estock
Date:
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Brenda S. Boyer
Date:
APPROVED AS TO FORM:
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Wayn F. Shade, EsqUIre
Attomey for Participant
Date:
O'BRIEN, BARIC & SCHERER
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By:~
Robert LP'Brien, Esquire
Attorneys for Alternate Payee
WAYNEF.SHAOE
Attorney at Law Date:
53 West Pomfret Street
Carlisle, Pennsylvania
17013
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