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Home My WebLink About01-2267TERRIE A. MCCOLLUM, Plaintiff V. JEFFREY L. MCCOLLUM, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01- a.?`7 L??<< 7-e4- L CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree of Divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 TERRIE A. MCCOLLUM, Plaintiff V. JEFFREY L. MCCOLLUM, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 0/- 2 a c-7 C,!,,( -rt, - CIVIL ACTION - LAW IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. Plaintiff is Terrie A. McCollum, an adult individual who resides at 99 Millers Gap Road, Enola, Cumberland County, Pennsylvania 17025. 2. Defendant is Jeffrey L. McCollum, an adult individual who resides at 99 Millers Gap Road, Enola, Cumberland County, Pennsylvania 17025. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on October 31, 1987 Hummelstown, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Neither of the parties in this action is presently a member of the Armed Forces. 7. The Plaintiff and Defendant are both citizens of the United States. 8. Plaintiff has been advised of the availability of marriage counseling and that she may have the right to request the Court to require the parties to participate in such counseling. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a divorce decree being handed down by the Court. 9. Plaintiff avers that there are two (2) children of the parties under the age of eighteen (18) namely: Travis J. McCollum, date of birth June 15, 1988; and Erin C. McCollum, date of birth June 8, 1991. COUNT I - DIVORCE 10. The Plaintiff avers that the grounds on which the action is based are as follows: a. the marriage is irretrievably broken; and b. Defendant has offered such indignities to the Plaintiff, the injured and innocent spouse, so as to make Plaintiffs condition burdensome and life intolerable. WHEREFORE, Plaintiff requests the Court enter a decree in divorce. COUNT H - EQUITABLE DISTRIBUTION 11. During the marriage, Plaintiff and Defendant have acquired various items of marital property, both real and personal, which are subject to equitable distribution under Chapter 35 of the Divorce Code. WHEREFORE, Plaintiff respectfully requests this Honorable Court to equitably divide all marital property and debt. COUNT III - ALIMONY, ALIMONY PENDENTE LITE, ATTORNEY'S FEES AND COSTS 12. Plaintiff lacks sufficient property to provide for her reasonable needs. 13. Plaintiff is unable to sufficiently support herself through appropriate employment. 14. Defendant has sufficient income and assets to provide continuing support for the Plaintiff. 15. By reason of this action, Plaintiff will be put to considerable expense in the preparation of her case in the employment of counsel and the payment of costs. 16. The Plaintiff is without sufficient funds to support herself and to meet the costs and expenses of this litigation and is unable to appropriately maintain herself during the pendency of this action. 17. Plaintiffs income is not sufficient to provide for her reasonable needs and pay her attorney's fees and the costs of this litigation. 18. Defendant has adequate earnings to provide for the Plaintiffs support and to pay her counsel fees, costs and expenses. WHEREFORE, Plaintiff respectfully requests this Honorable Court to award alimony pendente lite, alimony and attorney's fees and costs. Respectfully submitted, REAGER & ADLER, Date: -) -2--' 01 By. Joanne Harrison ID #36461 2331 Market Street Camp Hill, PA 17011 717-763-1383 Attorneys for Plaintiff Esquire VERIFICATION I, Terrie A. McCollum, verify that the statements made in the foregoing Complaint in Divorce are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unworn falsification to authorities. ? n Date: 0/ Terrie A. McCollum N? ? .? ? o c O ? i I , o C ? ? r ? ??? ?? ?? ?`, C M TERRIE A. MCCOLLUM, PLAINTIFF V. JEFFREY L. MCCOLLUM, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01 - 2267 CIVIL TERM IN DIVORCE PETITION FOR SPECIAL RELIEF AND NOW comes the Petitioner, Terrie A. McCollum, by and through her attorney, Thomas D. Gould, and files this Petition for Special Relief pursuant to Pa. R.C.P. Section 1920.43 to grant her exclusive possession of the marital home. 1. The Petitioner is Terrie A. McCollum, who is residing in the marital home at 99 Millers Gap Road, Enola, Cumberland County, Pennsylvania 17025 which is jointly owned by the parties. 2. The Respondent is Jeffrey L. McCollum, who resides at 99 Millers Gap Road, Enola, Cumberland County, Pennsylvania 17025. 3. Petitioner and Respondent have two children, Travis Jeffrey McCollum, DOB 6/15/88, and Erin Katherine McCollum, DOB 6/8/91. 4. Petitioner has been the primary care giver for the children throughout their lives. 5. The Petitioner and Respondent were married on October 31, 1987. 6. The Petitioner filed a complaint in divorce under section 3301(c) on April 12, 2001. 7. In her complaint the Petitioner alleges that respondent subjected her to indignities and requested support, APL and alimony. 8. Respondent has subjected Petitioner and the children to physical and emotional abuse. 9. In April 2001 Petitioner sought the assistance of Legal Services for Respondent's abusive actions. 10. Legal Services sent Respondent a "Warning" letter advising him to stop his abusive and inappropriate behavior. 11. Following receipt of the "Warning" letter Respondent promised to seek counseling. 12. Respondent has failed to seek or attend counseling. 13. Although Respondent has not physically assaulted Petitioner or the children since April 2001, he has relapsed into his other inappropriate conduct. 14. Due to significant medical problems, Petitioner has been unable to work full time for a number of years. 15. An APL hearing was scheduled for November 8, 2001. 16. The APL hearing was continued with the understanding that Respondent would remove himself from the marital home and pay a mutually agreeable amount in support/APL. 17. Discussions following the continued APL hearing have not resulted in Respondent leaving the marital home or the payment of APL. 18. The tension within the marital home has risen to an unhealthy level for Petitioner and the children. 19. Respondent has alternative housing available from family members. 20. Petitioner and the children have no reasonable alternative housing available. 21. Respondent is represented by attorney Richard Rupp. 22. Petitioner' s counsel has contacted attorney Rupp's office, but Mr. Rupp has not responded. WHEREFORE, Petitioner requests that this honorable court grant her exclusive possession of the marital home. Respectfully submitted, Thomas D. Gould Attorney for Petitioner I.D. # 36508 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 Fax 761-1974 VERIFICATION I verify that the statements made in this Petition For Special Relief are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Date: c'ZO?a Terrie A. MCCollum c? ? , c _ ?.? ,. _ -c; ?_, ? t. ? ?, ??'_ t. =?_ ? , ?_ --. c -- ., , :; ,i ?n , ? r.-- won TERRIE A. MCCOLLUM, PLAINTIFF V. JEFFREY L. MCCOLLUM, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01 - 2267 CIVIL TERM IN DIVORCE ORDER AND NOW this ?° day of 127A&A-, 2002, upon consideration of the foregoing petition, it is hereby ordered that: 1. A rule is issued upon the respondent to show cause why the petitioner is not entitled to the relief requested; 2. The respondent shall file an answer to the petition within ?t (TO) days of service upon/ the respondent; ??? 1 ?? ?w' !M (71R /in"^"?- " i'c.I.a'?.."`?'M/L_ne li.?ILt.r?.u/`+? of ; miminim i5e 1481 ;1 Q- e?11TIT?RT1SP, Pf51'?ra " xxxxo ei a 6. Notice of the entry of this order shall be provided to all parties by the petitioner. G? &R5 3-a?-oa R y 'LPP r C Lu J. ?1?11 I? ? f.lf1? ?t,?'?l ??? 1.V 1.13 ?'?GJ 1,^ ? TERRIE A. MCCOLLUM, Plaintiff V. JEFFREY L. MCCOLLUM, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-2267 CIVIL TERM IN DIVORCE DEFENDANT'S ANSWER TO PETITION FOR SPECIAL RELIEF AND NOW comes the Respondent, Jeffrey L. McCollum, Defendant in the above captioned divorce action, by and through his attorney, Richard C. Rupp, and files this Answer to Petition for Special Relief. 1. Admitted. 2. Admitted. 3. Admitted. 4. 5 Admitted in part and denied in part. It is admitted that Petitioner has been one of the primary care givers for the parties' chilldren. It is denied that Petitioner has been the sole primary care giver for their children. To the contrary, both Petitioner and Respondent have been the primary care givers for their children throughout their lives. Admitted. 6. Admitted. 7. Admitted. 8. Denied. It is denied the Respondent has subjected Petitioner and their children to physical and emotional abuse. To the contrary, it has been the Petitioner who has subjected the Respondent to physical and emotional abuse and who has subjected the children to emotional' abuse. 9. Admitted in part and denied in part. It is admitted that in April 2001 Petitioner may have contacted Legal Services. It is denied that Respondent engaged in any abusive actions toward Petitioner. To the contrary, Respondent has only ever defended himself and has never been abusive toward his wife, the Petitioner. 10. Admitted in part and denied in part. It is admitted that Legal Services, based on the report of the Petitioner, sent the Respondent some form of "warning" letter. It is denied that Respondent has been engaged in abusive and inappropriate behavior. To the contrary, Respondent has always been good to his wife, the Petitioner, and has not engaged in abusive or inappropriate behaviors. 11. Denied. It is denied that following the receipt of the "warning" letter Respondent promised to seek counseling. To the contrary, Respondent suggested to Petitioner that the parties together seek marital counseling which the Petitioner rejected as she did not want the marriage to continue and disagreed with marital counseling. Petitioner agreed to consider counseling generally but previously in connection with keeping the marriage going. The Petitioner rejected keeping the marriage going aind Respondent determined that counseling was not needed or appropriate. 12. Admitted in part and denied in part. It is admitted that Respondent did not go to counseling. It is denied that Respondent needled counseling. To the contrary, Respondent believes he did not need counseling for himself. 13. Admitted in part and denied in part. It is admitted that Respondent has not physically assaulted Petitioner or their children since Apri12001. It is admitted that Respondent has not physically assaulted the Petitioner or their children before April 2001. It is denied that Respondent has relapsed into his other inappropriate conduct. To the contrary, this allegation is completely vague and cannot be responded to, and, therefore, it is denied. In the alternative, Respondent denies whatever inappropriate conduct is alleged by this vague allegation. 14. Denied. It is denied that due to significant medical problems Petitioner has been unable to work full time for a number of years. To the contrary, Petitioner is able to work and she has been working part-time in a physically active job of performing cleaning services. Further, Petitioner has been telling Respondent she would obtain full time employment. 15. Denied. It is denied that an APL hearing was scheduled for November 8, 2001. To the contrary, it is believed that it was a spousal support hearing which was scheduled for November 8, 2001. 16. Denied. It is denied that an APL hearing was continued that Respondent would remove himself from the marital home and pay a mutual agreeable amount in support/APL. To the contrary, no APL hearing was continued. It is believed that a spousal support hearing was continued because Respondent was still living in the household and supporting the household by paying the household bills. Separately, there had been discussion between Respondent and Petitioner that the parties would begin discussions to resolve the divorce proceeding which if resolved would lead to Respondent separating from Petitioner. But, on that regard, it had no relationship to the continuance for the spousal support hearing, nor had Respondent agreed to pay the Petitioner support or APL. To the contrary, Respondent doers not believe he should have to pay spousal support or APL to Petitioner and intends to contest any such demand by Petitioner. Furthermore, it is believed that it is the support issue which is driving the Petition for Special Relief not any form of protection for the Petitioner or the parties' children. 17. Admitted in part and denied in part. It is admitted that discussions following the continued hearing have not resulted in Respondent leaving the marital home or the payment of APL. It is denied that there were any serious discussions whatsoever following the continued hearing. To the contrary, the parties have been simply cohabitating while living separately within the marital home. Further, it is denied that the discussions related to the continuance of the hearing. To the contrary, these discussions did not relate to the continuation of the hearing. 18. Denied. It is denied that the tension in the marital home has risen to an unhealthy level for Petitioner and their children. To the contrary, Respondent does not cause any tension to Petitioner nor their children. The Respondent enjoys a very loving relationship with his children. It is the Petitioner who may have some mental difficulties and is perceiving her own tension or is causing her own tension. 19. Denied. The averment in Paragraph 19 is irrelevant and is therefore denied. 20. After reasonable investigation Respondent is without sufficient knowledge to make an answer to this averment and, therefore, it is denied and strict proof at trial is required. 21. Admitted. 22. Admitted in part and denied in part. It is admitted that Petitioner's counsel contacted Attorney Rupp in early March with respect to the continuation of the support conference. Both legal counsel realized that the support conference was going to be dismissed because no further action had occurred whereby neither party had relinquished the marital residence and, therefore, since Respondent was still in the marital residence, still supporting the marital residence, still paying the bills that operated the marital residence, the support conference was moot and could not proceed and, therefore, to the chagrin of the Petitioner the support conference was going to be dismissed from the docket. When Petitioner's counsel initially contacted Attorney Rupp's office, Petitioner's counsel did not make it known that it was for agreement or disagreement with a proposed Petition for Special Relief. It is the belief of the Respondent that this matter is based upon Petitioner's desire to solely have Respondent out of the marital residence in order that she may receive both child support and spousal support and that is the sole driving issue in this case. WHEREFORE, Respondent requests that this honorable court deny Petitioner's Petition for Special Relief and dismiss it with prejudice. Respectfully sub RUPP & By: Date: April 9, 2002 Ricb6fd C. Rupp, Esquire 4v? Attorney I.D. No.: 34832 355 North 21" Street, Suite 205 Camp Hill, PA 17011 (717)761-3459 Attorney for Defendant/Respondent VERIFICATION I, JEFFREY L. McCOLLUM, verify that the statements in the foregoing Answer to Petition for Special Relief are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. '? 6t b+= F VMcCOLLUM rov Date: pb?_ CERTIFICATE OF SERVICE I, Richard C. Rupp, Esquire, do hereby certify that I am serving a true and correct copy of the foregoing Answer to Petition for Special Relief upon the person(s) named below by placing the same in the United States Mail, First Class, Postage Prepaid on the date stated below. Thomas D. Gould, Esquire 2 East Main Street ??/ Shiremanstown, PA VO'I I Richard C. Rupp) Esquire Attorney I.D.# 34832 355 North 21 st Street, Suite 205 Camp Hilli, Pennsylvania 17011 (717) 761-3459 Dated: April 9, 2002 ?1 c: cv n -o;r, -n _-., `._,, ? ? 1'.1. -G e'. rcc -a = ."ice `.? (': ?,{: .a _? ? r , G st CJ -t TERRIE A. MCCOLLUM, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 01-2267 CIVIL TERM JEFFREY L. MCCOLLUM, : IN DIVORCE Defendant ORDER OF COURT And now this 15 day of April 2002, upon agreement of counsel for both parties, IT IS HEREBY ORDERED that the hearing previously scheduled for April 11, 2002 at 11:30 a.m. is generally continued. Said hearing may be rescheduled upon request of either party at any time hereafter. rd E. Guido, J. (s ate. OLU C Oy 1?-02 R?(S bINF1A?,?SNN7d dz .? ?a? s i ??n zo AbIVI NJ+,14 n iii'.. ?o LAW OFFICES HERBERT G. RUPP, JR. RICHARD C. RUPP ANN MEIKLE ERIKS80N (1964-82) RUPP AND MEIKLE A PROFESSIONAL CORPORATION 366 NORTH 21ST STREET, SUITE 206 CAMP HILL, PA 17011 (717) 761-3469 E-MAIL: RUPPLAWICAOL.COM April 10, 2002 The Honorable Edward E. Guido Court of Common Pleas Judge Court of Common Pleas of Cumberland County Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Dear Judge Guido: Re: Terrie A. McCollum Plaintiff v. Jeffrey L. McCollum Defendant In the Court of Common Pleas, Cumberland County, PA No. 01-2267 Civil Termi - In Divorce General Continuance MAILING ADDRESS P.O. BOX 396 CAMP HILL, PA 17001-0396 TELEFAX: (717) 730-0214 Per consent of both legal counsel for the parties, T'errie McCollum, Plaintiff, and Jeffrey McCollum, Defendant, the parties have agreed to a general continuance of this Honorable Court's Order scheduling a hearing on a Petition for Special Relief filed by Plaintiff. The continuance is to allow the parties to attempt to resolve their marital differences amicably and by agreement. As such, we are requesting that the matter could be rescheduled by either party's request at any time. Both Mr. Gould and myself appreciate the Court's assistance in this matter. Please find enclosed a proposed Court Order to generally continue the matter. Thank you. RCR/lin cc: Thomas D. Gould, Esquire TERRIE A. MCCOLLUM, PLAINTIFF V. JEFFREY L. MCCOLLUM, DEFENDANT TO THE PROTHONOTARY: WITHDRAWAL OF Date; IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01 -- 2267 CIVIL TERM IN DIVORCE Please withdrawal my appearance in the above captioned matter. 6-S-oL -/AD, b- '946cr.LeC Thomas I). Gould, Esquire I.D. # 36508 2 East Main Street Shiremanstown, PA 17011 ENTRY OF APPEARANCE Please enter my appearance on behal of the plaintif A. McCollum, in the above captioned matt'V Date: \ 9 J 0 Joanne Harrison Clot I.D. # 36461 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 Terrie squire ? p N d ? L "'" G U??-'. N '??iv t_ G' '? ; ? 'q C t' -?, s TERRIE A. MCCOLLUM, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 01-2267 JEFFREY L. MCCOLLUM, : CIVIL ACTION - LAW Defendant : IN DIVORCE PETITION TO RESCHEDULE HEARING ON PETITION FOR SPECIAL RELIEF AND NOW, this day of July, 2002, comes the Petitioner Plaintiff Terrie A. McCollum by and through her attorneys Joanne Harrison Clough, Esquire and Reager & Adler, P.C. and respectfully avers as follows: On March 22, 2002, Petitioner Terrie A. McCollum, through her previous attorney, filed a Petition for Special Relief requesting the Court grant her exclusive possession of the marital residence during the pendency of the parties divorce action. A true and correct copy of said Petition is attached hereto, made part of and incorporated by reference as Exhibit 1. 2. On March 27, 2002, the Court entered an Order scheduling this matter for a hearing before the Court on April 11, 2002 before the Honorable Edward E. Guido. A true and correct copy of said Order is attached hereto, made part of and incorporated by reference as Exhibit 2. 3. On or about April 10, 2002, the parties agreed to generally continue the scheduled hearing in an attempt to resolve this matter by agreement. 4. On April 15, 2002, the Court entered an Order generally continuing the April 10, 2002 scheduled hearing. A true and correct copy of said Order is attached hereto, made part of and incorporated by reference as Exhibit 3. The parties have not been able to reach an amicable agreement regarding this issue and therefore Petitioner Terrie A. McCollum respectfully requests the Court reschedule her Petition for Special Relief. WHEREFORE, Petitioner Terrie A. McCollum respectfally requests this Honorable Court to reschedule a hearing on the Petition for Special Relief and further requests that after a hearing on this matter she be granted exclusive possession of the marital residence pending the resolution of the parties divorce action. Respectfully submitted, & ADLER, PC -G_ 0Z Date: Joanne Ham os C.ou€ ID #36461 2331 Market Street Camp Hill, PA 17011 717-763-1383 Attorneys for Plaintiff TERRIE A. MCCOLLUM, PLAINTIFF V. JEFFREY L. MCCOLLUM, TL?L?aM IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01 - 2267 CIVIL TERM IN DIVORCE rV ?Iy ^? PETITION FOR SPECIAL RELIEF r = - AND NOW comes the Petitioner, Terrie A. McColl= , by. ara through her attorney, Thomas D. Gould, and files this Petition fot Special Relief pursuant to Pa. R.C.P. Section 1920.43 to grant her exclusive possession of the marital home. 1. The Petitioner is Terrie A. McCollum, who is residing in the marital home at 99 Millers Gap Road, Enola, Cumberland County, Pennsylvania 17025 which is jointly owned by the parties. 2. The Respondent is Jeffrey L. McCollum, who resides at 99 Millers Gap Road, Enola, Cumberland County,. Pennsylvania 17025. 3. Petitioner and Respondent have two children, Travis Jeffrey McCollum, DOB 6/15/88, and Erin Katherine McCollum, DOB 6/8/91. 4. Petitioner has been the primary care giver for the children throughout their lives. 5. The Petitioner and Respondent were married on October 31, 1987. 6. The Petitioner filed a complaint in divorce under section 3301(c) on April 12, 2001. 7. In her complaint the Petitioner alleges that respondent subjected her to indignities and requested support, APL and alimony. 8. Respondent has subjected Petitioner and the children to physical and emotional abuse. 9. In April 2001 Petitioner sought the assistance of Legal Services for Respondent's abusive actions. 10. Legal Services sent Respondent a "Warning" letter advising him to stop his abusive and inappropriate behavior. 11. Following receipt of the "Warning" letter Respondent promised to seek counseling. 12. Respondent has failed to seek or attend counseling. 13. Although Respondent has not physically assaulted Petitioner or the children since April 2001, he has relapsed into his other inappropriate conduct. 14. Due to significant medical problems, Petitioner has been unable to work full time for a number of years. 15. An APL hearing was scheduled for November 8, 2001. 16. The APL hearing was continued with the understanding that Respondent would remove himself from the marital home and pay a mutually agreeable amount in support/APL. 17. Discussions following the continued APL hearing have not resulted in Respondent leaving the marital home or the payment of APL. 18. The tension within the marital home has risen to an unhealthy level for Petitioner and the children. 19. Respondent has alternative housing available from family members. 20. Petitioner and the children have no reasonable alternative housing available. 21. Respondent is represented by attorney Richard Rupp. 22. Petitioner's counsel has contacted attorney Rupp's office, but Mr. Rupp has not responded. WHEREFORE, Petitioner requests that this honorable court grant her exclusive possession of the marital home. Respectfully submitted, Thomas D. Gould Attorney for Petitioner I.D. # 36508 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 Fax 761-1974 VERIFICATION I verify that the statements made in this Petition For Special Relief are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Date: f Terrie A. Mccollum TERRIE A. MCCOLLUM, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 01 - 2267 CIVIL TERM JEFFREY L. MCCOLLUM, IN DIVORCE DEFENDANT ORDER AND NOW this A-77 Vday of o!27A&A 2002, upon consideration of the foregoing petition, it: is hereby ordered that: - 1.-- A-rule is=issued upon the respondent to show cause why the petitioner is not entitled to the relief requested; 2. The respondent shall file an answer to the petition within9 try (10) days of service upon the` respondent; . -, .D f)) ao (?) F! an.-j LAO ,; x ?.,? kolw ap 7: e%T'11.3c ?Ief -4 Defe+s4-(=leas -shaii -be°- omple of q•M, td".G61n'- „a she r,,,nt, 1 nil rn,tnty -t'= LIIUU i 6. Notice of the entry of this order shall be provided to In 1 and all parties by the petitioner. ,? 'J I, j? BYTHE RT, TRUE COPY. FROM RECORD ' estimony wheieof, ('here unto set my hand sea(ofsal Cour%'at'carlisla; Pa. J -'0 r7 M" ;>??•. R?d?hi IEFFRFY L MCCOLLUM, IN DIVO CE Defendant ORDER OF COURT And now this 15 day of April 2002, upon agreement of counsel for both parties, IT IS HEREBY ORDERED that the hearing previously scheduled for April 11, 2002 at 11:30 a.m. is generally continued. Said hearing may be rescheduled upon request air either party at any time hereafter. E. Guido,, J. VERIFICATION I, Terrie A. McCollum, verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: 7 // v L ?. • l i/C ` C Terrie A. McCollum CERTIFICATE OF SERVICE AND NOW, this day of , 2002, I hereby verify that I have caused a true and correct copy of the foregoing PETIT N TO RESCHEDULE HEARING ON PETITION FOR SPECIAL RELIEF by first class mail, postage prepaid and addressed as follows: Jeffrey L. McCollum c/o Richard C. Rupp, Esquire Rupp and Meikle 355 N. 21" Street, Suite 205 Camp Hill PA 17011 Date:] ,. `-l ?? ?? ?? D "\ 0 i- J 3 0 TERRIE A. MCCOLLUM, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 01-2267 JEFFREY L. MCCOLLUM, : CIVIL ACTION - LAW Defendant : IN DIVORCE ORDER AND NOW, this day of July, 2002, upon review of the attached Petition to Reschedule Hearing on Petition for Special Relief, IT IS HEREBY ORDERED AND DECREED that the hearing previously scheduled for April 11, 20012 shall now be scheduled for the A5/0 day o 2002, at L? J0 a.mm. .w, in Courtroom No.,.3. BY THE 6PLLO o aL C 7-1.?-oa R s Lo '. a ? Clou?? R LLpp btNVtiIASNN38 .6 ,v c l 'tfir ZO 1J;diJ ir5'r,; 1 30 ??aCY-?T311? 0 TERRI A. McCOLLUM, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 01-2267 Civil Term JEFFREY L. McCOLLUM, CIVIL ACTION -LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 18, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: A5 eT, ac >? ?' pA?o?? l ?QQ2l Terrie A. Mc Collum SS# I(pa-4E-I?_Lf? C ? o ? ffrr Lei r*, T ?' ?FO. Q1 Im 7 7" ? C E5 ym N ? TERRIE A. McCOLLUM, Plaintiff V. JEFFREY L. McCOLLUM, Defendant TRANSCRIPT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-2267 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE OF PROCEEDINGS IN RE: PETITION FOR SPECIAL, RELIEF Proceedings held before the HONORABLE EDWARD E. GUIDO, J. Cumberland County Courthouse, Carlisle, Pennsylvania on Wednesday, September 25, 2002, in Courtroom No. 5 APPEARANCES: JOANNE HARRISON CLOUGH, Esquire Attorney for Plaintiff RICHARD C. RUPP, Esquire Attorney for Defendant 1 VINVKI?SNi' Ci h fd(C{t. pr ,. 49gvif10 L6 :1 'Wd 9Z d3S Zo THE COURT: Good morning. I understand that you have reached an agreement of sorts. MS. CLOUGH: Yes, Your Honor. Mrs. McCollum will agree to withdraw her Petition for Exclusive Possession of the Marital Residence provided that both Mr. McCollum and Mrs. McCollum execute and file with the Court consents to divorce by this Friday, September 27th, and that the parties further agree that no divorce shall be finalized until there's either a comprehensive settlement: agreement executed by both parties or the Divorce Master process has taken place and it has gone through the court system and a Court Decree issued. THE COURT: Is that agreeable to your client, Mr. Rupp? MR. RUPP: Yes, it is, Your Honor. THE COURT: Okay. Then that agreement will be incorporated as an Order of this Court. Good luck to both of you. MS. CLOUGH: Thank you, Your Honor. MR. RUPP: Thank you, Your Honor. (The proceeding was concluded.) 2 CERTIFICATION I hereby certify that the proceedings are contained fully and accurately in the notes taken by me on the above cause and that this is a correct transcript of same. 'Susan Rice Stoner Official Stenographer The foregoing record of the proceedings on the hearing of the within matter is hereby approved and directed to be filed. Date Edward E. Guido, J. 3 TERRIE A. MCCOLLUM : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 01-2267 CIVIL TERM JEFFERY L. MCCOLLUM : CIVIL ACTION-LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1 • A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 12, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: n J? COLLUM, efendant 0 C N -xs Z ? N `? Cn ' G CS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Terrie A. McCollum, Plaintiff NO. 01-2267 V. CIVIL ACTION - LAW IN DIVORCE Jeffrey L. McCollum, PACSES NO. 777103347 Defendant DRS ATTACHMENT FOR APL PROCEEDINGS kTif " NAME Terrie A. McCollum ADDRESS 24 Millers Gap Road, Enola, PA 17025 BIRTH DATE 7-13-54 SOCIAL SECURITY NUMBER 162-48-1444 HOME PHONE (717) 691-3564 WORK PHONE N/A EMPLOYER NAME Unemployed EMPLOYER ADDRESS N/A JOB TITLEIPOSIT10N N/A DATE EMPLOYMENT N/A COMMENCED GROSS PAY N/A NET PAY N/A OTHER INCOME None ATTORNEY'S NAME Joanne Harrison Clough ATTORNEY'S ADDRESS 2331 Market Street, Camp Hill, PA 17011 ATTORNEY'S PHONE NUMBER (717) 763-1383 NAME Jeffrey L. McCollum ADDRESS 99 Millers Gap Road, Enola, PA 17025 BIRTH DATE 5-13-56 SOCIAL SECURITY NUMBER 184-48-8386 HOME PHONE (717) 697-2014 WORK PHONE (717) 605-7768 EMPLOYER NAME Defense Information Systems Agency DECC -Mech EMPLOYER ADDRESS PO Box 2045, 5450 Carlisle Pike, Mechanicsburg, PA 17055 JOB TITLE/POSITION Supervisatory Computer Specialist DATE EMPLOYMENT COMMENCED 811/78 GROSS PAY $5,772.80/month NET PAY $4,605.40/month OTHER INCOME Overtime (varies) ATTORNEY'S NAME Richard C. Rupp ATTORNEY'S ADDRESS 355 N. 21" Street, Suite 20.5, Camp Hill, PA 17011 ATTORNEY'S PHONE NUMBER (717) 761-3459 Respectfully submitted, REAGER & ADLER, PC DATED:/ By: Jo a Harrison Clou I.D. No. 36461 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 Attorneys for Plaintiff h ml c_. ra o i1=: =3 -3 i_- c"i c ti n :xj TERRIE A. McCOLLUM, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 2001-2267 CIVIL TERM JEFFREY L. McCOLLUM, IN DIVORCE Defendant/Respondent DR# 32128 Pacses# 538104925 ORDER OF COURT AND NOW, this 22nd day of October, 2002, upon consideration of the attached Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J. Shaddav on November 21, 2002 at 10:30 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11® (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, George E. Hoffer, President Judge Mail copies on Petitioner 10-22-02 to: < Respondent Joanne Clough, Esquire Richard Rupp, Esquire Date of Order: October 22, 2002 _ x J. S tlday, Conference OfficeYOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 CIO& C+, c c? N S mL ? ,r WED L ?. d O U O U COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: Terrie A McCollum Plaintiff V. Jeffrey L McColh m Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. O 1-2267 MOTION FOR APPOINTMENT OF MASTER AND NOW, this _ day of November, 2002, comes the undersigned attorney for the plaintiff, Terrie A. McCollum and certifies to the Court that the above action in Divorce is at issue; that no issue has been directed by the Court to be tried by jury, and therefore respectfully moves the Court for appointment of a Master. The following matters are at issue between the plaintiff and the defendant: (x) Grounds for divorce; (x) Support; (x) Alimony; (x) Equitable distribution of property; (x) Alimony Pendente lite, Counsel fees; ( ) Paternity; ( ) Custody; ( ) Other Service of the complaint was made on the above named defendant on by to he determined (personal service, publication, etc.) An appearance on behalf of the defendant has been entered by Richard . Ru E uire. The following attorneys have been interested in other matters arising between the plaintiff and defendant: NE. Contest indicated. , Attorney for Plaintiff AND NOW, 0?02 2002_ d? Esq., is hereby appointed Master in this proceeding to hear the anoda transcript to the Court together with report and recommendation. BY THE COURT: Tail -.:? 2-ply ?o?. . Cla4 R PP and return the record c? rt YWAR n Od AiNnc n aNNnH:Iewn3 es:IIwn Zznovazo ,ttfdlG?vOr li 'r ii j0 TERRIE A. MCCOLLUM, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 01-2267 JEFFREY L. MCCOLLUM, : CIVIL ACTION - LAW Defendant : IN DIVORCE PRAECIPE Please discontinue our request for a conference on Petitioner Terri A. McCollum's Request for Alimony Pendente Lite. Respectfully Submitted, RE{AGER & ADLER, Dated: ??, T -0-L?/ Attorneys for Plaintiff Attorney I.D. No.: 364 2331 Market Street Camp Hill, PA 17011 717-763-1383 TERRIE A. MCCOLLUM, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. 01-2267 JEFFREY L. MCCOLLUM, : CIVIL ACTION - LAW Defendant : IN DIVORCE CERTIFICATE OF SERVICE I, Joanne Harrison Clough, Esquire of REAGER & ADLER, P.C. do hereby certify that I served a copy of the Praecipe on Richard Rupp, Esquire, counsel for Defendant, Jeffrey L. McCollum, on the ? rday of November, 2002. Said Praecipe was mailed to Defendant by depositing a true and exact copy thereof in the United States mail, first class, addressed as follows: Date: ?` ? o ?/ Richard C. Rupp, Esquire Rupp and Meikle 355 N. 2151 Street, Suite 205 Camp Hill, PA 17011 Joanne Harrison Clough, Esc i REAGER & ADLER, P.C. J 2331 Market Street Camp Hill, PA 17011-4642 Telephone No. (71'7) 763-1383 Atty. Id. No. 36461 ?Tro?T{ C1] ;T1 ?ti-T1 - rr ` c3 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION TERRIE A. MC COLLUM Plaintiff Vs. JEFFREY L. MC COLLUM Defendant AND NOW, to wit on this Docket Number 01-2267 CIVIL ) PACSES Case Number 538104925 /D32128 Other State ID Number ORDER 21ST DAY OF NOVEMBER, 2002 IT IS HEREBY ORDERED that the O Complaint for Support or Q Petition to Modify or ® Other APL CONFERENCE REQUEST filed on OCTOBER 4, 2002 in the above captioned matter is dismissed without prejudice due to: THE PLAINTIFF WITHDRAWING HER REQUEST FOR AN ALIMONY PENDENTE LITE CONFERENCE. O The Complaint or Petition may be reinstated upon written application of the plaintiff petitioner. BY THE COURT: DRO: RJ Shadday xC: plaintiff defendant Joanne Clough, Esquire Richard Rupp, Esquire r?? Yf e " ` `w Service Type M Wesley JUDGE Form OE-506 Worker ID 21005 Qie%(-0- q'I TERRIE A. MCCOLLUM, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 01-2267 JEFFREY L. MCCOLLUM, : CIVIL ACTION - LAW Defendant : IN DIVORCE MOTION TO COMPEL DISCOVERY RESPONSES AND NOW comes Plaintiff, Terrie A. McCollum, by and through her counsel, Reager & Adler, P.C., and moves this Court to compel discovery responses as follows: Movant is Terrie A. McCollum, an adult individual residing at 99 Millers Gap Road, Enola, Cumberland County, Pennsylvania 17025. 2. Respondent is Jeffrey L. McCollum, an adult individual residing at 99 Millers Gap Road, Enola, Cumberland County, Pennsylvania 17025. 3. The parties are husband and wife having been married on October 31, 1987. 4. A complaint in this matter was filed on April 18, 2001 by Respondent raising an issue of equitable distribution of marital property, Alimony, Alimony Pendente Lite and counsel fees, costs and expenses. 5. Movant raised the issues of equitable distribution, alimony, alimony pendente lite and attorney fees and costs in this action. 6. On November 20, 2002, Movant issued Request for Production of Documents and Interrogatories upon Respondent. A copy of the Request for Production of Documents and Interrogatories are attached hereto as Exhibit "A." 7. outstanding. 8. Respondent's counsel has been reminded that his discovery answers remained Pursuant to the Rules of Civil Procedure, Respondent had 30 days in which to reply to said discovery responses. 9. To date, Respondent has failed to respond to Movant's discovery requests. WHEREFORE, Movant requests this Honorable Court to compel Respondent to file an answer to her discovery requests within 15 days of the filing of this Motion. Respectfully submitted, REAGER & ADLER, PC DATED: I ^ Z `, ? 3 By. JOANNE HARRISON I.D. No. 36461 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 Attorneys for Plaintiff ESQUIRE CERTIFICATE OF SERVICE AND NOW, this 15+- day of January, 2003, I hereby verify that I have caused a true and correct copy of Movant's Motion to Compel Discovery Responses , to be placed in the U.S. mail, first class, postage prepaid and addressed as follows: Richard C. Rupp, Esquire Rupp and Meikle 355 N. 2 Pt Street, Suite 205 Camp Hill, PA 17011 ?, o c. c? _ ,-, _., .? ' = .? < TERRIE A. MCCOLLUM, V. JEFFREY L. MCCOLLUM, AND NOW, this : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-2267 : CIVIL ACTION - LAW Defendant : IN DIVORCE RULE TO SHOW CA SE; 2 3 - day of 2003, upon review of the attached Motion, a Rule is hereby issued against Respondent Jeffrey L. McCollum, to show cause, if any, why Movant Terrie A. McCollum's Motion to Compel Discovery Responses should not be granted. Rule returnable within z o days of date of service. BY THE COURT: 0 LM VNVAJASNN3d ?iNnr, nor 4. mno q 1 .9 NV hz NVF CO TERRIE A. MCCOLLUM, Plaintiff/Petitioner V. JEFFREY L. MCCOLLUM, Defendant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-2267 CIVIL ACTION - LAW IN DIVORCE PETITION FOR INTERIM COUNSEL FEES, COSTS AND EXPENSES AWARD AND NOW, this "day of September, 2003, comes the Petitioner/Plaintiff, Terrie A. McCollum, by and through her attorneys, Joanne Harrison Clough, Esquire, of Reager & Adler, P.C., and respectfully files this Petition For Interim Counsel Fees, Costs and Expenses Award, and in support thereof avers as follows: Petitioner Terrie A. McCollum is an adult individual who currently resides at the marital residence at 99 Millers Gap Road, Enola, Cumberland County, Pennsylvania. 2. Respondent Jeffrey L. McCollum, husband of Petitioner, is an adult individual who currently resides at the marital residence at 99 Millers Gap Road, Enola, Cumberland County, Pennsylvania. 3. Petitioner filed a divorce action against Respondent on April 18, 2001, but has not been able to afford to move from the marital residence. The parties are presently living separate and apart in the marital residence at 99 Millers Gap Road, Enola, Cumberland County, Pennsylvania. 4. Petitioner has not been able to hold any gainful employment for the past two (2) years as she suffers from fibromyalgia and a herniated disc. Plaintiff is, therefore, without sufficient funds to support herself and to meet the costs and expenses of this litigation and is unable to continue to maintain her client Fee Agreement with her attorneys for her attorneys' fees, costs and expenses. 5. Respondent has adequate earnings to provide for the Plaintiff s counsel fees, costs and expenses during the pendency of this divorce action. Respondent earns at least $77,376.00 per year in his employment at a Supervisory Computer Specialist at Defense Information Services. He is a GS-13 Step 6. Respondent presently gives Petitioner only $50.00 per week towards expenses for herself and the parties' two (2) minor children, and will not give her access to any other funds or marital assets. Petitioner Terrie A. McCollum is unable to move this divorce matter forward to trial without an Interim Counsel Fees, Costs and Expenses award. WHEREFORE, Petitioner respectfully requests this Honorable Court issue an interim Counsel Fees, Costs and Expenses award in the amount of $ 7,000.00 and direct Respondent to provide said sum to Petitioner so that she may move this matter forward to hearing to resolve this divorce case. Respectfully submitted, REAGER,Rj. ADLER, PC DATE: ! tJ / By: v l JOANNE AARRRI-SON L U H, ESQUIRE I.D. No. 36461 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 VERIFICATION I, Terrie McCollum, hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. Date: 5 TERRIE MCCOLLU CERTIFICATE OF SERVICE AND NOW, this / g? d;? of September, 2003, I hereby verify that I have caused a true and correct copy of the foregoing PETITION FOR INTERIM COUNSEL FEES, COSTS AND EXPENSES AWARD by first class mail, postage prepaid and addressed as follows: Jeffrey L. McCollum c/o Richard C. Rupp, Esquire Rupp and Meikle 355 N. 2151 Street, Suite 205 Camp Hill, PA 17011 Date: ? i I q /? ._ ?- . ? ?ir? . ., <C 1. -_. -: i ?/) ?Y ( l I _ I ) c ?., ? Z' ( CV . ? Tl -? '..J U -< to TERRIE A. MCCOLLUM : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. JEFFREY L. MCCOLLUM NO. 2001-2267 CIVIL TERM ORDER OF COURT AND NOW, this 24" day of SEPTEMBER, 2003, a hearing on Plaintiff s petition for Interim Counsel Fees is scheduled for THURSDAY OCTOBER 9 2003. at 1:00 p.m. in Courtroom # 5 of the Cumberland County Courthouse, Carlisle, Pa. Edward E. UM00, J . Joanne Harrison Clough, Esquire rn? Richard C. Rupp, Esquire I :sld ?? 'OWAIASNNid n U ? t Wo h ? c13S ?? TERRIE A. MCCOLLUM, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO.01 /2267 JEFFREY L. MCCOLLUM : CIVIL ACTION - LAW Defendant : IN DIVORCE PETITION FOR CONTINUANCE AND NOW, this 6" day of October, 2003, your Petitioner, Richard C. Rupp, Esquire, on behalf of Jeffrey L. McCollum, Defendant, being authorized to do so, hereby Petitions this Honorable Court as follows: 1. Jeffrey L. McCollum is the Defendant in the above-captioned divorce action and is represented by Atty. Richard C. Rupp. 2. Terrie A. McCollum is the Plaintiff in the above-captioned divorce action and is represented by Atty. Joanne Harrison-Clough. 3. The Plaintiff has filed a Petition for Interim Counsel Fees, Costs and Expenses. 4. Upon a Rule to Show Cause, the Honorable Judge Edward E. Guido scheduled a hearing on Atty. Clough's Petition for Thursday, October 9, 2003, at 1:00 p.m. S. The Defendant is a federal employee and is in Oklahoma the entire week of October 6 - October 10 and is unavailable for said hearing. 6. Atty. Joanne Harrison-Clough has consented to the Defendant's requested continuance of this matter. WHEREFORE, your Petitioner on behalf of the Defendant, Jeffrey L. McCollum, respectfully requests this Honorable Court to continue this matter from October 9, 2003, to another date which will be more convenient to the parties. RESPECTFULLY SUBMITTED, RUPP Richard C. (Lipp 1)?fr Atty. I.D. No. 34832 355 N 21" St., Ste. 205 Camp Hill, PA 17011 717-761-3459 2 VERIFICATION I, RICHARD C. RUPP, hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. 1 understand that false statements herein are made subject to penalties of 18 Pa. C.S. Sect. 4904 relating to unsworn falsification to authorities. oeo? ?)1; RICHARD C. RUPP, ESQUIRE Date: Wvk& 's ??3 tee,, , 4 AA CERTIFICATE OF SERVICE AND NOW, this day of October, 2003, 1 hereby certify that I have served a copy of the within document on the following by depositing a true and correct copy of the some in the U. S. Mail at Harrisburg, Pennsylvania, postage prepaid, addressed to: Joanne Harrison Clough, Esquire Reager & Adler, P.C. 2331 Market Street Camp Hill, PA 17011 A AP, 1 C. R , Esquire ?, c ?. C .:. ?... ??. y Vr? y ,4 I RV/ TERRIE A. MCCOLLUM, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 01/2267 JEFFREY L. MCCOLLUM : CIVIL ACTION - LAW Defendant : IN DIVORCE PETITION FOR CONTINUANCE AND NOW, this 6'h day of October, 2003, your Petitioner, Richard C. Rupp, Esquire, on behalf of Jeffrey L. McCollum, Defendant, being authorized to do so, hereby Petitions this Honorable Court as follows: 1. 2. 3. 4. S. 6. Jeffrey L. McCollum is the Defendant in the above-captioned divorce action and is represented by Atty. Richard C. Rupp. Terrie A. McCollum is the Plaintiff in the above-captioned divorce action and is represented by Atty. Joanne Harrison-Clough. The Plaintiff has filed a Petition for Interim Counsel Fees, Costs and Expenses. Upon a Rule to Show Cause, the Honorable Judge Edward E. Guido scheduled a hearing on Atty. Clough's Petition for Thursday, October 9, 2003, at 1:00 p.m. The Defendant is a federal employee and is in Oklahoma the entire week of October 6 - October 10 and is unavailable for said hearing. Atty. Joanne Harrison-Clough has consented to the Defendant's requested continuance of this matter. WHEREFORE, your Petitioner on behalf of the Defendant, Jeffrey L. McCollum, respectfully requests this Honorable Court to continue this matter from October 9, 2003, to another date which will be more convenient to the parties. RESPECTFULLY SUBMITTED, RUPP Atty. I.D. No. 34832 355 N 21" St., Ste. 205 Camp Hill, PA 17011 717-761-3459 2 r,..' ,.. '"' R P ????, ""? ?t VERIFICATION I, RICHARD C. RUPP, hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to penalties of IS Pa. C.S. Sect. 4904 relating to unsworn falsification to authorities. Date: &4tOL., ` 3 RICHARD C. RUPP, ESQUIRE _4 a x ,A CERTIFICATE OF SERVICE AND NOW, this day of October, 2003, 1 hereby certify that I have served a copy of the within document on the following by depositing a true and correct copy of the same in the U. S. Mail at Harrisburg, Pennsylvania, postage prepaid, addressed to: Joanne Harrison Clough, Esquire Reager & Adler, P.C. 2331 Market Street Camp Hill, PA 17011 ?a I -? r? TERRIE A. MCCOLLUM, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 01/2267 JEFFREY L. MCCOLLUM : CIVIL ACTION - LAW Defendant : IN DIVORCE ORDER OF COURT AND NOW, this 4F A day of October, 2003, upon Petition of Richard C. Rupp, Esquire, on behalf of Defendant Jeffrey L, McCollum, with consent by Atty. Joanne Harrison Clough, counsel for Plaintiff Terrie A. McCollum, IT IS HEREBY ORDERED: That the Hearing scheduled for October 9, 2003 is hereby continued until 30 day of Q , 2003, in Courtroom No. --5. at $; 3 0 J. ?o??o ,(??ntbl?rJf??SUr ??? y!/;F v )' Nn?.; ??.? r TERRIE A. MCCOLLUM, : IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 01-2267 JEFFREY L. MCCOLLUM, : CIVIL ACTION - LAW Defendant/Respondent : IN DIVORCE PETITION FOR CONTINUANCE AND NOW, this -day of October, 2003, comes the Petitioner/Plaintiff, Terrie A. McCollum, by and through her attorneys, Joanne Harrison Clough, Esquire, of Reager & Adler, P.C., and respectfully files this Petition For Continuance, and in support thereof avers as foll 1. Petitioner Terrie A. McCollum is an adult individual who currently resides at the marital resid4ce at 99 Millers Gap Road, Enola, Cumberland County, Pennsylvania. 2. Respo? dent Jeffrey L. McCollum, husband of Petitioner, is an adult individual who currently resides at the marital residence at 99 Millers Gap Road, Enola, Cumberland County Pennsylvania. 3. A he4ing on Plaintiff's Petition For Interim Counsel Fees, Costs, and Expenses Award is $cheduled for October 30, 2003 at 8:30 a.m. 4. Plaintiff is scheduled to be a chaperone for Bible Baptist School on a school trip to Williamsburg Virginia on said date and is unavailable to appear at said time. 5. Defendant previously requested this matter be rescheduled from a prior date and said request was granted. 6. Petitioner does not anticipate Defendant would oppose the rescheduling of this matter. Rescheduling this hearing does not prejudice Defendant. , Petitioner respectfully requests this Honorable Court reschedule this matter, scheduled for October 30, 2003, to a new date. Respectfully submitted, REAGTR & ADLER, PC DATE: (0/ By. ? O JOA ii" I.D. No. 36461 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 ESQUIRE CERTIFICATE OF SERVICE AND NOW, this day of October, 2003, I hereby verify that I have caused a true and correct copy f the foregoing PETITION FOR CONTINUANCE by first class mail, postage prepaid and a dressed as follows: Jeffrey L. McCollum c/o Richard C. Rupp, Esquire Rupp and Meikle 355 N. 21" Street, Suite 205 Camp Hill, PA 17011 Date: c> ?_: _ _ ` -ri ' -,.,, ?- ?_`?_ ., y; . ,_ ' :. = i - TERRIE A. MCCOLLUM, Plaintiff/Petitioner V. JEFFREY L. MCCOL LUM, Defendant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-2267 CIVIL ACTION - LAW IN DIVORCE ORDER AND NOW, this4f "day of 2003, upon review of the attached Petition For Continua ce, IT IS HEREBY ORDERED AND DECREED that the hearing on Plaintiff's Petition Fo Interim Counsel Fees, Costs, and Expenses Award be rescheduled from October 30, 2003 to ? day of ilk - 2043at RIO 0 a.m. B` J. AS 0 ?0" t WAIASNNdd uNno7 nr.P*iH?qwno hz :1 ad oe to0 £o JHi -fV TERRIE A. MCCOLLUM, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 01/2267 JEFFREY L. MCCOLLUM : CIVIL ACTION - LAW Defendant : IN DIVORCE PETITION FOR CONTINUANCE AND NOW, this 14'h day of November, 2003, your Petitioner, Richard C. Rupp, Esquire, on behalf of Jeffrey L. McCollum, Defendant, being authorized to do so, hereby Petitions this Honorable Court as follows: 1. Jeffrey L. McCollum is the Defendant in the above-captioned divorce action and is represented by Atty. Richard C. Rupp. 2. Terrie A. McCollum is the Plaintiff in the above-captioned divorce action and is represented by Atty. Joanne Harrison-Clough. 3. The Plaintiff has filed a Petition for Interim Counsel Fees, Costs and Expenses. 4. Upon a Rule to Show Cause, the Honorable Judge Edward E. Guido scheduled a hearing on Atty. Clough's Petition for Tuesday, November 14, 2003, at9:00 a.m. S. The Defendant is a federal employee and is out of state for federal service training and is unavailable for said hearing. 6. Further, Defendant's counsel, Richard C. Rupp, is scheduled before the Pennsylvania Superior Court Argument in another matter on the same date as the scheduled hearing and is unavailable for said McCollum hearing. 7. Atty. Joanne Harrison-Clough has consented to the Defendant's requested continuance of this matter. WHEREFORE, your Petitioner on behalf of the Defendant, Jeffrey L. McCollum, respectfully requests this Honorable Court to continue this matter from November 14, 2003, to another date which will be more convenient to the parties. RESPECTFULLY SUBMITTED, RUPP By: 2 Richard C. Rupp Atty. I.D. No. 34832 355 N 21" St., Ste. 205 Camp Hill, PA 17011 717-761-3459 VERIFICATION I, RICHARD C. RUPP, hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. 1 understand that false statements herein are made subject to penalties of 18 Pa. C.S. Sect. 4904 relating to unsworn falsification to authorities. Date: RICHARD C. RUPP, ESQUIRE "??? cn ,-_,, ?. ?3 ° 1 n ? L ?"?• _ ? i _ ti .< C? ? f ? ? c? ?'[. N ^ 2 ?-i ? ? _.. f V -? TERRIE A. MCCOLLUM, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 01/2267 JEFFREY L. MCCOLLUM : CIVIL ACTION - LAW Defendant : IN DIVORCE ORDER OF COURT AND NOW, this _L!!!?clay of November, 2003, upon Petition of Richard C. Rupp, Esquire, on behalf of Defendant Jeffrey L. McCollum, with consent by Atty. Joanne Harrison Clough, counsel for Plaintiff Terrie A. McCollum, IT IS HEREBY ORDERED: That the Hearing scheduled for November 18, 2003 is hereby continued until I !" day of 7` ` r1 , 2003, in i Courtroom No. S at a f70 m. J. `Y US• : ? ""jh?, ?. ?c.r? i?1 J TERRIE A. MCCOLLUM, Plaintiff IN THE COURT CUMBERLAND OF COMMON PLEAS OF V. COUNTY, PENNSYLVANIA JEFFREY L. McCOLLUM 01-2267 CIVIL TERM Defendant CIVIL ACTION - LAW IN DIVORCE ORDER OF COURT AND NOW, this lst da hearing, the y of December, 2003, after Petition For Interim Counsel Fees and expenses is denied insofar as the Master of the shall determine the appropriateness award of counsel fees and expenses. Provided however, that husband is directed to make arrangements with Harr evaluated. Y Leister to have his pension Y date Said arrangements shall be made within 10 oda Husband shall days of today's said pay the costs involved in obtaining evaluation, and the Master shall decide on the proper allocation of those costs. Provided further, that husband shall coo with wife in signing any Papers necessary Perate up to $5,000.00 to allow her to borrow from Members 1st so that she can finance the balance of her own legal fees and Master shall costs in this matter. The then determine the appropriate allocation of debt. that n.. i . w1oanne Harrison Cl Attorney for ough, Esquire Plaintiff l Vicar C. Rupp' Esquire Lfrl? Attorney for Defendant n ' srs /2•o2-a3 YWAV8NN3a inn, "SH!N zs:iiwv 7-? iic0 1?1?b'4i J i'? 1. 30 ?,H-'O.;.1 i }? TERRIE A. MCCOLLUM, Plaintiff/Petitioner V. JEFFREY L. MCCOLLUM, Defendant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-2267 CIVIL ACTION - LAW IN DIVORCE PETITION FOR CONTEMPT AND NOW, this J# day of , 2004 comes Terri McCollum by and through her counsel Joanne Harrison Clough, Esquire and Reager & Adler, PC, and files this Petition for Contempt and in support thereof avers as follows: 1. Petitioner Terri McCollum is an adult individual currently residing at 99 Millers Gap Road, Enola, Cumberland County, Pennsylvania. 2. Respondent Jeffrey L. McCollum, husband of Petitioner, is an adult individual currently residing at 99 Millers Gap Road, Enola, Cumberland County, Pennsylvania. He is represented by Richard Rupp, Esquire. 3. Petitioner filed a divorce action against Respondent on April 18, 2001. 4. Petitioner filed a Petition for Interim Counsel Fees and Costs and Expense Award in September 2003. A hearing on Petition for Interim Counsel Fees and Costs and Expenses was held before Judge Guido on December 1, 2003. 6. An Order of Court was issued on December 9, 2003 specifically directing in part that Respondent forward monies to Harry Leister at Conrad Seigel to obtain a valuation of the marital portion of Respondent's pension. A true and correct copy of said Court Order is attached hereto and made part of and incorporated by reference as Petitioner's Exhibit "A." Despite repeated requested by Petitioner to respond to counsel, no pension valuation has been provided. S. Petitioner cannot list this matter for a Master's hearing until she receives a copy of the pension valuation Respondent was ordered by this Court to obtain. 9. Respondent's actions are delaying the Petitioner's ability to move this matter towards a Master's trial and final conclusion. 10. Respondent's behavior is violating this Court Order of December 9, 2003 and is causing Petitioner to incur additional counsel fees and costs and expenses. WHEREFORE, it is respectfully requested that this Honorable Court finds Respondent in contempt of the Court Order dated December 9, 2003 and direct Respondent to obtain and provide the pension valuation to Petitioner within 14 days and further direct Respondent to reimburse all of the reasonable counsel fees and costs and expenses incurred as a result of Respondent's violation of this Court's Order of December 9, 2003 and grant any further relief this Court deems appropriate. Respectfully submitted, & Adler, Date: ?- I L --J-? JoaB to Harrison Clough Attorney ID No.: 36461 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 Counsel for PlaintiffPetitioner Terri McCollum VERIFICATION I, Terri McCollum, verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: TE MCCOL:LUM CERTIFICATE OF SERVICE I hereby certify that on the date set forth below a true and correct copy of the foregoing Petition for Contempt was served on the following individuals via United States First Class Mail, postage prepaid as follows: ` Dated: (-(- Richard Richard C. Rupp, Esquire Rupp and Meikle 355 N. 21" Street, Suite 205 Camp Hill, PA 17011 , Joanne Harrison Clough, Attorney ID No.: 36461 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 r "T7 l T "fl n { :.n TERRIE A. MCCOLLUM, Plaintiff/Petitioner V. JEFFREY L. MCCOLLUM, Defendant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-2267 CIVIL ACTION - LAW IN DIVORCE PETITION FOR CONTEMPT AND NOW, this 110 day of , 2004 comes Terri McCollum by and through her counsel Joanne Harrison Clough, Esquire and Reager & Adler, PC, and files this Petition for Contempt and in support thereof avers as follows: Petitioner Terri McCollum is an adult individual currently residing at 99 Millers Gap Road, Enola, Cumberland County, Pennsylvania. 2. Respondent Jeffrey L. McCollum, husband of Petitioner, is an adult individual currently residing at 99 Millers Gap Road, Enola, Cumberland County, Pennsylvania. He is represented by Richard Rupp, Esquire. Petitioner filed a divorce action against Respondent on April 18, 2001. 4. Petitioner filed a Petition for Interim Counsel Fees and Costs and Expense Award in September 2003. A hearing on Petition for Interim Counsel Fees and Costs and Expenses was held before Judge Guido on December 1, 2003. 6. An Order of Court was issued on December 9, 2003 specifically directing in part that Respondent forward monies to Harry Leister at Conrad Seigel to obtain a valuation of the marital portion of Respondent's pension. A true and correct copy of said Court Order is attached hereto and made part of and incorporated by reference as Petitioner's Exhibit "A." Despite repeated requested by Petitioner to respond to counsel, no pension valuation has been provided. Petitioner cannot list this matter for a Master's hearing until she receives a copy of the pension valuation Respondent was ordered by this Court to obtain. 9. Respondent's actions are delaying the Petitioner's ability to move this matter towards a Master's trial and final conclusion. 10. Respondent's behavior is violating this Court Order of December 9, 2003 and is causing Petitioner to incur additional counsel fees and costs and expenses. WHEREFORE, it is respectfully requested that this Honorable Court finds Respondent in contempt of the Court Order dated December 9, 2003 and direct Respondent to obtain and provide the pension valuation to Petitioner within 14 days and further direct Respondent to reimburse all of the reasonable counsel fees and costs and expenses incurred as a result of Respondent's violation of this Court's Order of December 9, 2003 and grant any further relief this Court deems appropriate. Respectfully submitted, & Adler, Date: JoHarrison Clough, Attorney ID No.: 36461 2331 Market Street. Camp Hill, PA 17011 (717) 763-1383 Counsel for Plaintiff/Petitioner Terri McCollum VERIFICATION I, Terri McCollum, verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unworn falsification to authorities. -/-L- , Date: 1 ^ ALjZ--w--; 44 1 I TE MCCOLLUM' CERTIFICATE OF SERVICE I hereby certify that on the date set forth below a true and correct copy of the foregoing Petition for Contempt was served on the following individuals via United States First Class Mail, postage prepaid as follows: Richard C. Rupp, Esquire Rupp and Meikle 355 N. 21s` Street, Suite 205 Camp Hill, PA 17011 1 Dated: t(- Joanne Harrison Clough, Attorney ID No.: 36461 2331 Market Street Camp Hill, PA 17011 (717)763-1.383 i G r" CA ?.i CJ =e ;7 ! L7 /_ cn TERRIE A. MCCOLLUM, Plaintiff/Petitioner V. JEFFREY L. MCCOLLUM, Defendant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-2267 CIVIL ACTION - LAW IN DIVORCE RULE TO SHOW CAUSE: AND NOW, this a/ day of h ki • 2004, in review of the attached Petition for Contempt, a rule is hereby issued against Respondent Jeffrey McCollum to show cause, if any, why he should not be found in contempt of this Court's Order of December 9, 2003, and why he should not be directed to provide the pension valuation as Ordered by this Court to Petitioner's counsel within 14 days and why he should not be directed to reimburse Petitioner all reasonable counsel fees and costs and expenses she has incurred as a result of his breach of this Court's Order. Rule returnable within / ID days of date of service. J. ??o n(?? Oa,a? 04 "f +1 ?i T?flr f.l,'i,? 1'v iZ ",?hD`Z ad ?i 11 ?u f,,?ar-Ct?illu? TERRIE A. MCCOLLUM, Plaintiff/Petitioner V. JEFFREY L. MCCOLLUM, Defendant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-2267 CIVIL ACTION - LAW IN DIVORCE PETITION TO MAKE RULE ABSOLUTE AND NOW, this 0 day of May, 2004 comes Terri McCollum by and through her counsel Joanne Harrison Clough, Esquire and Reager & Adler, PC, and files this Petition to make Rule Absolute and in support thereof avers as follows: 1. Petitioner Terri McCollum is an adult individual currently residing at 99 Millers Gap Road, Enola, Cumberland County, Pennsylvania. 2. Respondent Jeffrey L. McCollum, husband of Petitioner, is an adult individual currently residing at 99 Millers Gap Road, Enola, Cumberland County, Pennsylvania. He is represented by Richard Rupp, Esquire. 3. Petitioner filed a divorce action against Respondent on April 18, 2001. 4. Petitioner filed a Petition for Interim Counsel Fees and Costs and Expense Award in September 2003. A hearing on Petition for Interim Counsel Fees and Costs and Expenses was held before Judge Guido on December 1, 2003. 6. An Order of Court was issued on December 1, 2003 specifically directing in part that Respondent forward monies to Harry Leister at Conrad Seigel to obtain a valuation of the marital portion of Respondent's pension. A true and correct copy of said Court Order is attached hereto and made part of and incorporated by reference as Petitioner's Exhibit "A." 7. Despite repeated requested by Petitioner to respond to counsel, no pension valuation has been provided. 8. Petitioner cannot list this matter for a Master's hearing until she receives a copy of the pension valuation Respondent was ordered by this Court to obtain. 9. Petitioner filed a Petition For Contempt on April 15, 2004 for Defendant's failure to provide the pension valuation as directed in the December 1, 2003 Order. 10. A Rule to Show Cause was issued by the Court on April 21st, 2004 directing the Defendant Respondent Jeffrey L. McCollum to show cause, if any, why he should not be found in Contempt of the December 1, 2003 Court Order and why he should not be directed to provide the pension valuation to Petitioner's counsel within 14 days and to show cause why he should not be directed to reimburse Petitioner for all her reasonable counsel fees, costs and expenses incurred as a result of his breach of the December 1, 2003 Count Order. A true and correct copy of the Petition for Contempt and Rule To Show Cause are attached hereto as Petitioner's Exhibit B. Said Rule was returnable within ten days of date of service. 11. Said Rule to Show Cause was served on the Defendant by the Prothonotary of Cumberland County mailing said Rule to Defendant at his attorney's office in the preaddressed stamped envelope provided at the time of the filing of the Petition For Contempt. 12. More than ten days have elapsed since the service of said Rule on Defendant and no response been filed with the Court and Defendant's counsel has forwarded no pension valuation to Plaintiff's counsel. WHEREFORE, Petitioner Plaintiff Terrie A. McCollum requests this Honorable Court enter an Order making the April 21, 2004 Rule to Show Cause Absolute, and declare the Defendant Jeffrey L. McCollum to be in Contempt of Court and direct him to provide the pension valuation within 14 days and further direct him to reimburse Petitioner Plaintiff all reasonable counsel fees, costs and expenses she incurred as a result of his breach of the December 1, 2003 Court Order and grant any further relief this Court deems appropriate. Respectfully submitted, Adler, PC Date: 5_ ? - O? Joanne Harrison Clough, Attorney ID No.: 36461 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 Counsel for Plaintiff/Petitioner Terri A. McCollum VERIFICATION I, Joanne Harrison Clough, verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unworn falsification to authorities. Date: ? ? ? J ? ? TERRIE A. McCOLLUM, Plaintiff V. JEFFREY L. McCOLLUM, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-2267 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE ORDER OF COURT AND NOW, this 1st day of December, 2003, after hearing, the Petition For Interim Counsel Fees and expenses is denied insofar as the Master shall determine the appropriateness of the award of counsel fees and expenses. Provided however, that husband is directed to make arrangements with Harry Leister to have his pension evaluated. Said arrangements shall be made within 10 days of today's date. Husband shall pay the costs involved in obtaining said evaluation, and the Master shall decide on the proper allocation of those costs. Provided further, that husband shall cooperate with wife in signing any papers necessary to allow her to borrow up to $5,000.00 from Members 1st so that she can finance the balance of her own legal fees and costs in this matter. The Master shall then determine the appropriate allocation of that debt. ./Oanne Harrison Clough, Esquire Attorney for Plaintiff Richard C. Rupp, Esquire Attorney for Defendant s r s TERRIE A. MCCOLLUM, : IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. 01-2267 JEFFREY L. MCCOLLUM, : CIVIL ACTION - LAW Defendant/Respondent : IN DIVORCE, RULE TO SHOW CAUSE AND NOW, this ? / S day of/ !f le/ -L , 2004, in review of the attached Petition for Contempt, a rule is hereby issued against Respondent Jeffrey McCollum to show cause, if any, why he should not be found in contempt of this Court's Order of December 9, 2003, and why he should not be directed to provide the pension valuation as Ordered by this Court to Petitioner's counsel within 14 days and why he should not be directed to reimburse Petitioner all reasonable counsel fees and costs and expenses she has incurred as a result of his breach of this Court's Order. Rule returnable within / 0 days of date of service. J. TRUE COPY FROM RECORD In Tittimony whe eof, I here unto set my hand a*the seal,of sad Court at Carlisle, Pa, TERRIE A. MCCOLLUM, Plaintiff/Petitioner V. JEFFREY L. MCCOLLUM, Defendant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-2267 CIVIL ACTION - LAW IN DIVORCE PETITION FOR CONTEMPT AND NOW, this % day of , 2004 comes Terri McCollum by and through her counsel Joanne Harrison Clough, Esquire and Reager & Adler, PC, and files this Petition for Contempt and in support thereof avers as follows: Petitioner Terri McCollum is an adult individual currently residing at 99 Millers Gap Road, Enola, Cumberland County, Pennsylvania. n m C? t 2. Respondent Jeffrey L. McCollum, husband of Petitioner, is an adult ividu rn .uo currently residing at 99 Millers Gap Road, Enola, Cumberland County, Pennsylv*a, He is =r =- represented by Richard Rupp, Esquire. ?= a 3 cn `-'? 3. Petitioner filed a divorce action against Respondent on April 18, 2001. 4. Petitioner filed a Petition for Interim Counsel Fees and Costs and Expense Award in September 2003. A hearing on Petition for Interim Counsel Fees and Costs and Expenses was held before Judge Guido on December 1, 2003. 6. An Order of Court was issued on December 9, 2003 specifically directing in part that Respondent forward monies to Harry Leister at Conrad Seigel to obtain a valuation of the marital portion of Respondent's pension. A true and correct copy of said Court Order is attached hereto and made part of and incorporated by reference as Petitioner's Exhibit "A." Despite repeated requested by Petitioner to respond to counsel, no pension valuation has been provided. 8. Petitioner cannot list this matter for a Master's hearing until she receives a copy of the pension valuation Respondent was ordered by this Court to obtain. 9. Respondent's actions are delaying the Petitioner's ability to move this matter towards a Master's trial and final conclusion. 10. Respondent's behavior is violating this Court Order of December 9, 2003 and is causing Petitioner to incur additional counsel fees and costs and expenses. WHEREFORE, it is respectfully requested that this Honorable Court finds Respondent in contempt of the Court Order dated December 9, 2003 and direct Respondent to obtain and provide the pension valuation to Petitioner within 14 days and further direct Respondent to reimburse all of the reasonable counsel fees and costs and expenses incurred as a result of Respondent's violation of this Court's Order of December 9, 2003 and grant any further relief this Court deems appropriate. Respectfully submitted, & Adler, Date: ?- Iti?VL? Jo Harrison Clough, Attorney ID No.: 36461 2331 Market Street Camp Hill, PA 170:11 (717) 763-1383 Counsel for Plaintiff/Petitioner Terri McCollum VERIFICATION I, Terri McCollum, verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief'. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unworn falsification to authorities. -/L, -- Date: 1 1 - I Z -&) r i??w,CA / / TERkI MCCOL]LUM' CERTIFICATE OF SERVICE I hereby certify that on the date set forth below a true and correct copy of the foregoing Petition for Contempt was served on the following individuals via United States First Class Mail, postage prepaid as follows: Richard C. Rupp, Esquire Rupp and Meikle 355 N. 21s` Street, Suite 205 Camp Hill, PA 17011 t Dated: 'l - Joanne Harrison Clough, Attorney ID No.: 36461 2331 Market Street Camp Hill, ]PA 17011 (717) 763-1383 CERTIFICATE OF SERVICE I hereby certify that on the date set forth below a true and correct copy of the foregoing Petition To Make Rule Absolute was served on the following individuals via United States First Class Mail, postage prepaid as follows: Richard C. Rupp, Esquire Rupp and Meikle 355 N. 2151 Street, Suite 205 Camp Hill, PA 17011 Dated: 5'1.5 ` -f Attorney ID No.: 3641 2331 Market Street Camp Hill., PA 17011 (717) 763-1383 n °v- r ua -gym C.J C7 CT n -JG Cs MAY 0 6 2004 TERRIE A. MCCOLLUM, : IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. 01-2267 JEFFREY L. MCCOLLUM, : CIVIL ACTION - LAW Defendant/Respondent : IN DIVORCE RULE ABSOLUTE AND NOW, this it jK day of , 2004, upon review of the attached Petition To Make Rule Absolute, and upon a finding that the Defendant Respondent Jeffrey L. McCollum failed to file a timely response to this Court's Rule To Show Cause issued on April 21, 2004, said Rule to Show Cause is made absolute and Defendant ;leffrey L. McCollum is held to be in Contempt of this Court's Order of December 1, 2003. fr. 30 A•M• C. 1,0•,, rw 0* r fa- da.1L-w.?•?.-•e die BY T iwc J. b0:0 wv ZI Avwwol hdViQ;'gOHiOdd 3H1 d0 TERRIE A. McCOLLUM, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 01-2267 CIVIL TERM CIVIL ACTION - LAW Defendant JEFFREY L. McC IN DIVORCE ORDER OF COURT AND NOW, this 20th day of May, 2004, by agreement of the parties, the holding of the Defendant in contempt is vacated, and hearing on this matter is continued generally, to be relisted at the request of either party. By Edward E. Guido, J. /oanne Harrison Clough, Esquire For the Plaintiff /Thomas D. Gould, Esquire J For the Defendant J srs a,l-0`I ;:?,?? ,,,; 12 ,,,,.?;h?0 ?,??d TERRIE A. McCOLLUM Plaintiff V. JEFFREY L. McCOLLUM, Defendant : IN THE COURT.' OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-2267 : CIVIL ACTION - LAW : IN DIVORCE PLAINTIFF'S PRE-TRL4,L STATEMENT Terrie A. McCollum, the Plaintiff, by and through her counsel, Joanne Harrison Clough, Esquire, of Reager & Adler, P.C., files the following Pre-Trial Statement: TABLE OF CONTENTS 1. Background Information 2. Listing of Marital Assets and Debts 3. Listing of Personal Property 4. Listing of Non-Marital Assets 5. Pensions 6. Income and Expenses 7. Counsel Fees and Costs 8. Expert Witnesses 9. Non-Expert Witnesses 10. Listing of Proposed Exhibits 11. Proposed Resolution BACKGROUND INFORMATION PARTIES HUSBAND NAME Jeffrey L. McCollum ADDRESS 99 Millers Gap Road, Enola, Pa AGE 48 DATE OF BIRTH May 13, 1956 PLACE OF BIRTH Harrisburg, :Dauphin County, Pa SOCIAL SECURITY NUMBER 184-48-8386 HEALTH Good EMPLOYER DISA (Army) OCCUPATION GS 13 Computer Supervisor LENGTH OF RESIDENCY IN PA Life EDUCATIONAL BACKGROUND Highschool ;graduate WIFE NAME Terrie A. McCollum ADDRESS 99 Millers Gap Road, Enola, Pa AGE 50 DATE OF BIRTH July 13, 1954 PLACE OF BIRTH Carlisle, Cumberland County, Pa SOCIAL SECURITY NUMBER 162-48-1444 HEALTH Fair/poor - fiibromyalgia EMPLOYER Unemployed, OCCUPATION Homemaker LENGTH OF RESIDENCY IN PA Life EDUCATIONAL BACKGROUND Highschool graduate 2. CHILDREN NAME AGE DATE OF BIRTH CUSTODIAN Travis J. McCollum 16 June 15,1988 Erin C. McCollum 13 June 8, 1991 MARRIAGE INFORMATION DATE OF MARRIAGE October 31, 1987 PLACE OF MARRIAGE Hummelstown, Dauphin County, Pa DATE OF SEPARATION April 18, 2001 CIRCUMSTANCES OF SEPARATION Wife filed Divorce Complaint 4. PRIOR MARRIAGE WIFE One HUSBAND None CHILDREN OF OTHER RELATIONSHIPS/IV[ARRIAGES WIFE Marcus Shughart, 32 years old HUSBAND None PROCEEDINGS INFORMATION DATE ACTION COMMENCED April 18, 2001 DATE OF SERVICE OF COMPLAINT To be stipulated. MANNER OF SERVICE OF COMPLAINT By Stipulation ISSUES RAISED IN DIVORCE COMPLAINT Equitable distribution; alimony; APL; attomey's fees, costs and expense. DATE AMENDED COMPLAINT FILED ISSUES RAISED IN AMENDED COMPLAINT DATE OF FILING OF ANSWER AND/OR COUNTERCLAIM ISSUES RAISED IN COUNTERCLAIM BIFURCATION PREVIOUSLY RESOLVED ISSUES Consent filed by Wife on 9/26/02; Consent filed by Husband on 9/27/02 II. MARITAL ASSETS AND DEBTS The following is a listing of the marital assets and debts of the parties: ITEM DESCRIPTION NO. LA 99 Millers Gap Road, Enola, Pa 2.A 1992 Toyota Camry 23 1987 Chevy Truck TOTAL HUSBAND'S WIFE'S COMMENTS VALUE POSSESSION POSSESSION $132,000.00 X No mortgage. X Minimal value. Minimal value. 3.A Thrift Savings Plan $42,532.38 X 9/23/02 3.13 Members First Savings - 2 accounts 3.C Members First Checking Account 3.D 3.E 3.F 4.A Federal Pension I $177,342 I X 4.B 5.A ITEM DESCRIPTION TOTAL HUSBAND'S WIFE'S COMMENTS NO. VALUE POSSESSION POSSESSION 16 6.A. 6.B. 6.C TA III. LISTING OF PERSONAL PROPERTY ITEMS RETAINED BY WIFE DESCRIPTION VALUE To be determined. ITEMS RETAINED BY HUSBAND DESCRIPTION VALUE IV. LISTING OF NON-MARITAL PROPERTY The following is a listing of the non-marital assets of the parties: No. Description Basis of Exclusion Owner 1. Berger Funds Children Children 2. 3 22. PENSIONS The following is a listing of the pensions of the parties:, PARTY DESCRIPTION Husband Federal Pension total value `.6382,100 Marital portion $177,342 Wife VI. INCOME AND EXPENSES The following is a listing of the income and expenses of the parties: PARTY DESCRIPTION AMOUNT Husband Annual $78,000 Wife Gross Monthly Income Unemployed homemaker Net Monthly Income Monthly Expenses VII. COUNSEL FEES The following is a listing of the counsel fees and expenses incurred, or to be incurred by the parties: PARTY DESCRIPTION ]DATES AMOUNT Husband Counsel Fees Costs Anticipated Fees and Costs Wife Counsel Fees To be determined $5,000 plus Costs Anticipated Fees and Costs VIII. EXPERT WITNESSES The following is a listing of the anticipated experts who will be called to testify in this case: NAME SUBJECT TO TESTIMONY A Real Estate Appraiser To be determined A Pension Appraiser Harry Leister Pension Valuation* Personal Property Appraiser To be determined * It is anticipated that the parties will stipulate to the value of ]Husband's pension and agree to introduce Harry Leister's pension valuation as an exhibit in lieu of his testimony. Additional experts who may be called to testify are not known at this time. If such additional experts are retained, the Plaintiff reserves the right to call them as witnesses upon proper notification to the Defendant. IX. NON-EXPERT WITNESSES NAME SUBJECT TO TESTIMONY Terrie A. McCollum History of the marriage; identification and valuation of marital assets; other relevant testimony relating to the factors set forth in the Divorce Code. Jeffrey L. McCollum,as of cross History of the marriage; identification and valuation of marital assets; other relevant testimony relating to the factors set forth in the Divorce Code. Additional witnesses who may be called to testify are not known at this time. If such additional witnesses are identified, the Plaintiff reserves the right to call them as witnesses upon proper notification to the Defendant. 24. LISTING OF PROPOSED EXHIBITS The following is a listing of Exhibits which are anticipated to be submitted at the hearing in this case: NO. DESCRIPTION 1 Plaintiffs Income and Expense Statement 2 Plaintiffs Counsel Fees Statements 3 Harry Leister's Pension Valuation 4 Defendant's Thrift Plan Statements 5 Defendant's Bank Account Statements NO. DESCRIPTION 6 Additional Exhibits to be determined 7 8 9 10 If additional exhibits are identified, Plaintiff reserves the right to submit additional exhibits upon proper notification to Defendant. XI. PROPOSED RESOLUTION 1. EQUITABLE DISTRIBUTION Wife is to receive marital home and an amount of Thrift Savings and/or pension to equal 50% of marital estate. 2. ALIMONY Wife will require alimony for life in the amount of $1,000 per month. 3. COUNSEL FEES AND COSTS Husband is to pay one-half (1/2) of Wife's counsel fees and costs and expenses. Respectfully submitted, Date: Reager & Adler, PC JoaRn6,.Harh66n Clough, Attorlfey ID # 36461 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 Counsel for Plaintiff Terri A. McCollum CERTIFICATE OF SERVICE I hereby certify that on the date set forth below a true and correct copy of the foregoing document was served on the following individuals via United States First Class Mail, postage prepaid as follows: Richard C. Rupp, Esquire Rupp and Meikle 355 N. 2151 Street, Suite 205 Camp Hill, PA 17011 E. Robert Elicker, Esquire Office of the Divorce Master 9. N. Hanover Street Carlisle, PA 17013 Date: Attorney ID No, 36461 2331 Market Street Camp Hill, PA 17011 (717) 763-13133 Attorney Terri A. McCollum (7 r I GJ O rl. l_i =l1 -a ? .-nI n -n ?rn `T e{ TERRIE A. MCCOLLUM, Plaintiff V. JEFFREY L. MCCOLLUM Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 01/2267 : CIVIL ACTION - LAW : IN DIVORCE DEFENDANT'S PRE-TRIAL STATEMENT AND NOW comes JEFFREY L. MCCOLLUM, Defendant, by and through his Attorney, RICHARD C. RUPP, ESQ., and files this PRE-TRIAL STATEMENT as follows: 1. The Defendant, Jeffrey L. McCollum, currently resides at the marital residence at 99 Millers Gap Road, Enola, Cumberland County, Pennsylvania. 2. The Plaintiff, Terrie A. McCollum, an adult individual who currently resides at the marital residence at 99 Millers, Gap Road, Enola, Cumberland County, Pennsylvania. 3. The Plaintiff filed a divorce action against Defendant on April 18, 2001. 4. The parties have been living separate and apart in the marital residence at 99 Millers Gap Road, Enola, Cumberland County, Pennsylvania. 5. The Defendant believes that the date of separation was on or about April 12, 2001. 6. The parties own the marital residence at 99 Millers Gap Road, Enola, PA 17025, which is a single family residence having an approximate value of $130,000. There are two mortgages against this property, the first one is with Bank of America which has an outstanding balance of approximately $7,000 against it and a second mortgage with Members First Federal Credit Union having an approximate unpaid balance of $15,000 against it. The estimated equity in the marital residence is $107,000 if the marital residence is not sold. 7. The parties own a 1992 Toyota Camry with an estimated value of $2,565.00 which is believed to be unencumbered at this time. 8. The parties also own a 1989 Ford F7 50 truck with an estimated value of $1,575.00 and which is unencumbered. 9. At this time, Defendant desires to maintain the marital residence for himself and believes that the Plaintiff is unable to afford the marital residence. One of the reasons the Defendant desires to retain the marital residence is that he intends to seek primary physical custody of both or at least one of the parties' minor chiildren, the parties have two minor children - a boy and a girl. 10. The parties have maintained small values in their checking accounts. 2 11. The Defendant is employed by the federal government in the computer field and his title is a Supervisory Computer Specialist. He earns approximately $3,000 bi-weekly gross. 12. Plaintiff is not employed but Defendant believes that Plaintiff is employable but chooses not to work, which has been a source of discontent in the marriage. 13. Plaintiff is believed to have an earning capacity of at least $10/hour and has not been certified as disabled in any capacity nor does Plaintiff receive any disability income whatsoever. 14. There are credit card unpaid balances which Defendant has been paying on those which are in joint names and Defendant believes that Plaintiff has credit card unpaid balances for cards in her own name but is not aware of the amounts that she owes or their status. 15. The parties own savings bonds for the children and they are in the possession of the Plaintiff and Defendant has no current information at this time for the savings bonds. 16. The parties also own Berger accounts for the children and their amounts or status are not known by Defendant. 17. The Defendant's proposed equitable distribution is attached hereto. 3 18. The Defendant's proposed equitable distribution is based on the following: 19. The Defendant has been the primary provider for the latter part of the marriage. 20. The Plaintiff is definitely employable but chooses not to work. 21. The Plaintiff has an earning capacity of at least $10/hour. 22. The Defendant intends to seek primary physical custody of both children upon separation and therefore believes that the parties should split the equity on a 50/50 basis and provide no alimony to Plaintiff. 23. Defendant has been both the primary breadwinner as well as the homemaker in the family, as he helped to raise the children and take care of the house. 24. Because the Defendant has been the primary breadwinner and has been also acting as a homemaker for the children, raising the children and taking care of the household and because Plaintiff has refused to work outside the home despite the fact that the children are in school, has severely restricted the ability of the parties to acquire assets. 25. In addition, Plaintiff has been a spendthrift and has incurred debt either in joint names or in her name alone to the detriment of the parties marriage. 4 26. The Defendant reserves the right to modify this and any other proposed settlement offer and reserves the right to address any other issues that may be presented by Plaintiff. Said proposed Schedule of Distribution is for the purposes of settlement only. There is no outstanding discovery request at this time but Defendant reserves the right to seek additional discovery in this process. Respectfully submitted, RUPP A MEIIKLE By: Richard C. Rupp Sup. Court I.D. No.: 34832 355 North 21 st Street, Suite 205 Camp Hill, PA 17011 (717) 761-3459 Attorney for Defendant SCHEDULE OF DISTRIBUTION The marital equities and the assets should be split 50/50. In addition, the Defendant's pension should be treated separately such that it be made subject to a QDRO that Plaintiff receives 50% of the monthly check upon his retirement, if Defendant has stopped working on April 12, 2001, which is the date of separation. The Plaintiff should receive the parties' Toyota Camry and the Defendant should receive the parties' Ford 150 truck. 6 CERTIFICATE OF SERVICE AND NOW, this of July, 2004,1 hereby certify that i have served a copy of the Within document on the follOINing by depositing a true and correct copy of the same in the U. S. Mail at Harrisburg, Pennsylvania, postage prepaid, addressed to: Joanne Harrison Clough, Enquire Reager & Adler, P.C. 2331 Market Street Camp Hill, PA 17011/ C. Rupp, (? rJ C„ r 'Tt 1?,1 ?r, i= rn p _5 Y W a ] TERRIE A. MCCOLLUM, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. Defendant NO. 01-2267 JEFFREY L. MCCOLLUM, TO THE PROTHONOTARY: CIVIL ACTION - LAW IN DIVORCE PRAECIPE Please withdraw the Petition For Contempt I filed on behalf of Plaintiff Terrie McCollum on April 15, 2004. The parties have resolved the issues raised in said Petition. Respectfully Submitted, REAGER. & ADLER, PC Dated: August, 18, 2004 Joanne Harrison Clough, Attorneys for Plaintiff Attorney I.D. No.: 36461 2331 Market Street Camp Hill, PA 17011 717-763-1383 CERTIFICATE OF SERVICE I hereby certify that on the date set forth below a true and correct copy of the foregoing document was served on the following individuals via United States First Class Mail, postage prepaid as follows: Richard C. Rupp, Esquire Rupp & Meikle 355 N. 21st Street, Suite 105 Camp Hill, PA 17011 Honorable Edward Guido 1 Courthouse Square Carlisle, PA 17013-3387 Date: August 18, 2004 Joanne Ha?r sson Clough, Esq Attorney ID No, 36461 2331 Market Street Camp Hill, PA. 17011 (717) 763-1383 Attorney Terri A. McCollum C ' l i.L C= TERRIE A. McCOLLUM, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 01 - 2267 CIVIL JEFFREY L. McCOLLUM, Defendant IN DIVORCE ORDER OF COURT AND NOW, this ?2/mot day of J , 2005, the economic claims raised in the proceedings having been resolved in accordance with a marital settlement agreement dated October 13, 2005, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, Ge' r E. Hoffer, . J. cc: Anne Harrison Clough Attorney for Plaintiff ichard C. Rupp Attorney for Defendant r ? ?'t .. . „ ': ? -' t ., _ ? _ .. i -! MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this / 3 A day of Cc4 ? e,- 2005, by and between Terrie A. McCollum, (hereinafter "WIFE") and Jeffrey L. McCollum, (hereinafter "HUSBAND"); WITNESSETH: WHEREAS, the parties hereto were married on October 31, 1987, in Hummelstown, Dauphin County, Pennsylvania; and separated on 4-19-2001, and WHEREAS, the parties have two children of this marriage; Travis J. McCollum born on 6-15-1988 and Erin C. McCollum born on 6-8-1991; and WHEREAS, difficulties have arisen between the parties and it is therefore their intention to live separate and apart for the rest of their lives and the parties are desirous of settling completely the economic and other rights and obligations between each other, including, but not limited to: the equitable distribution of the marital property; past, present and future support; alimony, alimony pendente lite; and, in general, any and all other claims and possible claims by one against the other or against their respective estates; and NOW THEREFORE, in consideration of the covenants and promises hereinafter to be kept and performed by each party and intending to be legally bound hereby, the parties do hereby agree as follows: 1. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel. WIFE is represented by Joanne Harrison Clough, Esquire. HUSBAND is represented by Richard C. Rupp, Esquire. 1 The parties further declare that each is executing the Agreement freely and voluntarily having either obtained sufficient knowledge and disclosure of their respective legal rights and obligations, or if counsel has not been consulted, expressly. waiving the right to obtain such knowledge. The parties each acknowledge that, this Agreement is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion. 2. DIVORCE ACTION. The parties acknowledge that their marriage is irretrievably broken and that they shall secure a mutual consent no fault divorce pursuant to § 3301(c) of the Divorce Code. A divorce action was filed by WIFE with the Court of Common Pleas of Cumberland County, Pennsylvania at Civil Action No. 01-2267 on April 18, 2001. The parties agree to execute Affidavits of Consent for divorce and Waivers of Notice of Intention to Request Entry of a Divorce Decree concurrently with the execution of this Agreement. This Agreement shall remain in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. The parties agree that the terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them and specifically referenced in the Divorce Decree. This Agreement shall not merge with the divorce decree, but shall continue to have independent contractual significance. 3. DATE OF EXECUTION. The "date of execution" and "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 4. MUTUAL RELEASES. Each party absolutely and unconditionally release the other and the estate of the other from any and all rights and obligations which either may have for past, present, or future obligations, arising out of the marital relationship or otherwise, 2 including all rights and benefits under the Pennsylvania Divorce Code of 1980, and amendments except as described herein. Each party absolutely and unconditionally releases the other and his or her heirs, executors, and estate from any claims arising by virtue of the marital relationship of the parties. The above release shall be effective whether such claims arise by way of widow's or widower's rights, family exemption, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, Commonwealth, or territory of the United States, or any other country. Except for any cause of action for divorce which either party may have or claim to have, each party gives to the other by the execution of this Agreement an absolute and unconditional release from all claims whatsoever, in law or in equity which either party now has against the other. 5. FINANCIAL AND PROCEDURAL DISCLOSURE. The parties confirm that each has relied on the accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. Each party understands that he/she had the right to obtain from the other party a complete inventory or list of all property that either or both parties owned at the time of separation or currently and that each party had the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have right to have a court hold hearings and make decisions on the matters covered by this Agreement. Both parties hereby acknowledge that this Agreement is fair and equitable, and that the terms adequately provide for his or her interests, and that this Agreement is not a result of fraud, duress or undue influence exercised by either party upon the other or by any person or persons upon either party. 6. SEPARATION/NON-INTERFERENCE. WIFE and HUSBAND may and shall, at all times hereafter, live separate and apart. They shall be free from any interference, direct or indirect, by the other in all respects as fully as if they were unmarried. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or 3 employment which to him or her may seem advisable. WIFE and HUSBAND shall not harass, disturb, or malign each other or the respective families of each other. 7. REAL PROPERTY. The parties are the joint owners of real property located at 99 Millers Gap Road, Enola, Cumberland County, PA 17025. HUSBAND and WIFE agree that in consideration of the other property transfers set forth in this Agreement and in consideration of a cash payment WIFE shall tender to HUSBAND in the amount of Thirty Five Thousand Seven Dollars and 43/100 ($ 35,007.43) from settlement proceeds at closing to be distributed by the Settlement Officer in accordance with any mandatory waiting periods, HUSBAND agrees to transfer to WIFE by deed tendered by HUSBAND to WIFE at time of real estate closing, any and all right, title, claim and interest he has in said real property to WIFE. WIFE further agrees to pay the balance due on the specific loans referenced in Paragraph 8 here below, and remove HUSBAND as an obligor thereon as set forth in Paragraph 8 of this Agreement. a. HUSBAND's rights and obligations while continuing to reside in marital residence: The parties specifically agree that HUSBAND shall vacate the marital residence on or before 30 days from the date WIFE tenders said cash payment of $35,007.43. From October 1, 2005 until the date HUSBAND actually vacates the martial residence, HUSBAND and WIFE agree that HUSBAND shall pay 50% of all utilities at the marital residence including but not limited to electric, telephone, sewer, AOL, and satellite television. Both parties agree to cooperate in transferring all of the utilities accounts from HUSBAND's name to WIFE's name. b. In event WIFE does not obtain mortgage: If WIFE is unable to obtain a mortgage loan commitment letter in her name alone on 99 Millers Gap Road, Enola, PA within sufficient to pay her financial obligations as set forth in this Agreement, within two months from the date of execution of this Agreement, then the parties agree to list the marital residence for sale and sell said residence. In the event of such sale, HUSBAND shall be paid the sum of $ 37,007.43 from the sale proceeds and WIFE shall receive the balance of the sale proceeds as her sole and separate property, which proceeds are still subject to the terms of this Agreement. 8. DEBTS. If a party has acquired debt, the parties agree that each shall assume full and complete responsibility for his or her own debts. 4 HUSBAND represents and warrants to WIFE that since the separation he has not, and in the future he will not, contract or incur any debt or liability for which WIFE or her estate might be responsible, and he shall indemnify and save WIFE harmless from any and all claims or demands made against her by reason of such debts or obligations incurred by him since the date of said separation, except as otherwise set forth herein. WIFE represents and warrants to HUSBAND that since the separation she has not, and in the future she will not, contract or incur any debt or liability for which HUSBAND or his estate might be responsible, and she shall indemnify and save HUSBAND harmless from any and all claims or demands made against him by reason of such debts or obligations incurred by her since the date of said separation, except as otherwise set forth herein. a. Husband's sole obligations: HUSBAND and WIFE agree that HUSBAND shall be solely responsible for and indemnify and hold WIFE harmless on the dentist bill with a current balance of for WIFE at $ 2,461.00. HUSBAND shall pay said bill in full, whether in lump sum or monthly until said obligation is paid in full. b. Wife's sole obligations: HUSBAND and WIFE agree that WIFE shall be solely responsible for and indemnify and hold HUSBAND harmless on the following debts: 1. Lowes charge account 2. Members 1" loan for counsel fees current balance $2,447.79. HUSBAND and WIFE specifically acknowledge that if said loan is in joint names, the loan shall be paid in full by WIFE at time of settlement of the refinancing of the marital residence. In the event the loan is in HUSBAND's sole name, then WIFE shall pay husband the current loan balance of $ 2,447.79 in full directly from the proceeds of the real estate refinancing and HUSBAND shall be solely liable for paying the balance of the loan in full or monthly at his sole discretion. 3. Members I" loan balance from loan for Marcus. WIFE shall pay the current balance in full of $ 3,411.72 at the time of the real estate refinancing settlement. 5 9. RETIREMENT BENEFITS. a. Husband's thrift plan: HUSBAND is the owner of a Thrift plan through his retirement with DISA at Mechanicsburg Naval Depot which had a separation balance value of $ 41,250.39. HUSBAND and WIFE agree that in consideration of WIFE retaining the equity in the marital residence and other property transfers set forth in this Agreement, WIFE agrees to waive any right, title, claim or interest in said Thift Plan and it shall be the sole and exclusive property of HUSBAND. b. Husband's CSRS defined benefit pension: HUSBAND also participates in the Civil Service Retirement System (CSRS) defined benefit pension plan through his employment with DISA/Mechanicsburg Naval Depot. HUSBAND and WIFE agree that WIFE shall receive 50 % of the marital portion of HUSBAND's defined benefit pension plan through the Civil Service Retirement System via a Qualified Domestic Relations Order less the social security offset. HUSBAND shall select a 100% survivor option and WIFE shall receive the marital portion of said survivor option. The parties further agree that Harry Leister shall prepare the QDRO order at HUSBAND's expense to transfer to WIFE 50% of the marital portion of his CSRS pension. C. Wife has no retirement: HUSBAND and WIFE acknowledge that WIFE has no retirement, IRA, 401K or other pension of any kind. 10. BANK ACCOUNTS. The parties acknowledge that they have divided the marital bank accounts to their satisfaction. The bank accounts held solely in individual names shall become the sole and separate property of the party in whose name it is registered. Each party does hereby specifically waive and release his/her right, title and interest in the other party's respective accounts. 6 11. LIFE INSURANCE. a. Term life insurance: HUSBAND has a term life insurance policy through his employer. b. Husband shall designate children as beneficiaries: HUSBAND agrees to designate the children as irrevocable beneficiaries of his life insurance policy through his employer which shall be payable upon his death to his children in trust, through his Trustee, in accordance with the terms standard for a parental trust. HUSBAND shall have the sole right to select the trustee. HUSBAND shall provide proof of beneficiary designation for said life insurance policy to WIFE or her legal counsel within thirty (30) days of the date of execution of this Agreement and annually thereafter until the trust for his children is terminated. 12. PERSONAL PROPERTY. a. Except as set forth here below, the parties hereto mutually agree that they have divided all furniture, household furnishings and personal property between them in a manner agreeable to both parties. b. The parties mutually agree that each party shall from and after the date of this Agreement be the sole and separate owner of all tangible personal property in his or her possession. C. All of the personal property located at the residence at 99 Millers Gap Road shall be the sole and exclusive property of WIFE except as set forth here below: HUSBAND shall receive the following items of personal property: The parties specifically agree the lawn mower, garden and lawn tools are be the sole property of WIFE. 1. Pine dining room set 2. Husband's desk 3. TV located in the bedroom 4. Husband's bed 5. Husband's dresser 6. Husband's work bench 7. Chest of drawers in the garage 7 S. Tools except WIFE shall retain basic tools at a minimum; hammer assorted screw drivers and some wrenches. 9. Husband's books 10. Husband's bookcase 1L Husband's hunting gear including guns 12. Husband's fishing gear including fishing rods 13. Saw horses 14. Any duplicate lawn tools as agreed by parties 15. Any duplicate garden tools as agreed by parties 13. VEHICLES. The parties own a 1992 Toyota Camry. Said vehicle is titled in HUSBAND's name. The parties own a red Chevrolet pick up truck titled in HUSBAND's name. HUSBAND and WIFE agree that HUSBAND shall transfer any and all right, title claim or interest in the Camry to WIFE. HUSBAND shall retain the Chevy truck as his sole property. Neither vehicle is encumbered by a loan. 14. CHILDREN'S ACCOUNTS/SAVINGS BONDS/BERGER FUNDS HUSBAND and WIFE agree that Erin and Travis each have his or her own bank account and Berger funds and these accounts are non marital property and are in fact the property of the children and shall remain the children's sole and separate property. The parties agree that the children shall also retain as their sole and separate property the United States Savings bonds HUSBAND and WIFE purchased during the marriage. 15. BANKRUPTCY OR REORGANIZATION PROCEEDINGS. In the event that either party becomes a debtor in any bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under State or Federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor-spouse as set forth herein, including all attorney fees and costs incurred in the enforcement of this paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, 8 regardless of Federal or State law to the contrary, and each party waives any and all right to assert that obligation hereunder is discharged or dischargeable. The parties mutually agree that in the event of bankruptcy or financial reorganization proceedings by either party in the future, any :monies to be paid to the other party, or to a third party, pursuant to the terms of this Agreement shall constitute support and maintenance and shall not be discharged in bankruptcy. 16. ALIMONY, SUPPORT, AND ALIMONY PENDENTE LITE. A. Alimony: HUSBAND and WIFE specifically agree that HUSBAND shall pay to WIFE the sum of One Thousand Two Hundred Twenty Four Dollars ($ 1,224.92) a month in alimony commencing October 1, 2005. The parties expressly agreed to use the figures calculated by the Domestic Relations Conference Officer at the 5-9-2005 support conference as the alimony amount in this case. In the event the divorce is not finalized on or before October 1, 2005, then said payments shall be made as alimony pendente lite until the divorce is entered. Said alimony payments shall continue until HUSBAND is 62 years old or retires which ever later occurs. Said alimony order shall be reduced to a Court Order and HUSBAND shall be wage attached and the alimony shall be collected by Domestic Relations. B. Child support: The parties also expressly agreed to use the child support figures calculated by the Domestic Relations Conference Officer on 5-9-2005 as the child support obligation HUSBAND is to pay to WIFE for the support of the parties' minor children in the amount of One Thousand Four Hundred Forty Three Dollars a month ($1,443.00). Said support obligation shall be reduced to court order, and HUSBAND shall be wage attached and the support shall be collected by Domestic Relations. The effective date of the support obligation shall be October 1, 2005. C. Claiming children for federal income tax purposes: HUSBAND shall have the right to claim Travis as a dependent for Federal Income Tax purposes. HUSBAND shall have the option to claim Erin as a dependent for Federal Income Tax purposes provided he agrees to tender to WIFE the amount of additional tax liability she would incur as a result of WIFE not claiming Erin as a dependent for Federal Income Tax purposes. WIFE shall submit to HUSBAND by March 1, of each calendar year her proposed income tax filing showing her federal income tax 9 liability if she claims Erin and her income tax liability if she does not claim Erin as a dependent. HUSBAND, at his sole option shall have the right to claim one or both children on his federal income taxes provided he tenders to WIFE a payment in full of the difference in tax liability she will incur if he claims one or both children. Said payment shall be tendered to WIFE at HUSBAND's option at the time WIFE signs any necessary IRS.form to permit HUSBAND to claim said child or children. D. Waiver: Except as provided herein, the parties hereby expressly waive, release, discharge and give up any and all rights or claims which either may now or hereafter for spousal support, alimony pendente lite, alimony, or maintenance except as set forth in this Agreement. The parties further release any rights that they may have to seek modification of the terms of this Agreement in a court of law or equity, with the understanding that this Agreement constitutes a final determination for all time of either party's obligations to contribute to the support or maintenance of the other. 17. ATTORNEY FEES, COURT COSTS. Each party hereby agrees to be solely responsible for his or her own counsel fees, costs and expenses. Neither shall seek any contribution thereto from the other except as otherwise expressly provided in this Agreement. 18. ATTORNEYS' FEES FOR ENFORCEMENT. In the event that either party breaches any provision of this Agreement and the other party retains counsel to assist in enforcing the terms thereof, the breaching party will pay all reasonable attorneys' fees, court costs and expenses (including interest and travel costs, if applicable) which are incurred by the other party in enforcing the Agreement, whether enforcement is ultimately achieved by litigation or by amicable resolution. It is the specific Agreement and intent of the parties that a breaching or wrongdoing party shall bear the obligation of any and all costs, expenses and reasonable counsel fees incurred by the nonbreaching party in protecting and enforcing his or her rights under this Agreement. 10 19. WAIVER OF RIGHTS. Both parties hereby waive the following procedural rights: (a.) The right to obtain an inventory and the appraisement of all marital and non-marital property; (b.) The right to obtain an income and expense statement of either party; (c.) The right to have all property identified and appraised; (d.) The right to discovery as provided by the Pennsylvania Rules of Civil Procedure; and (e.) The right to have the court make all determinations regarding marital and non-marital property, equitable distribution, spousal support, alimony pendente lite, alimony, counsel fees and costs and expenses. 20. MUTUAL COOPERATION. WIFE and HUSBAND shall mutually cooperate with each other in order to carry through the terms of this Agreement, including but not limited to, the signing of documents. 21. VOID CLAUSES. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 22. APPLICABLE LAW. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 23. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 11 24. CONTRACT INTERPRETATION. For purposes of contract interpretation and for the purpose in resolving any ambiguity herein, the parties agree that this Agreement was prepared jointly by the parties. IN WITNESS WHEREOF, the parties hereto have set their hands and seals of the day first above written. This Agreement is kND acknowledge 1 Witness Witness in duplicate, and in counterparts. WIFE and of a duly executed copy hereof. 1-1? Terrie A. McCollum of ey . McCollum 12 COMMONWEALTH OF PENNSYLVANIA : SS. COUNTY OF CUMBERLAND On the f day of 2005, before me, a Notary Public in and for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared Terrie A. McCollum, known to me (or satisfactory proven) to be one of the parties executing the foregoing instrument, and she acknowledges the foregoing instrument to be her free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and year first above written. COMMONWEALTH OF PENNSYLVANIA I 1 - y I) , t/N0--Dn Notarial Seal Mary M. Loper, Notary Public Notary Pu is Camp Hill Boro, Cumberland County My Commission Expires Oct 27, 2007 My Commission Expires: dCcbE ??] ACC yI Member, Pennsylvania Association Of Notaries COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND On the 13 day of 064 b er 2005, before me, a Notary Public in and for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared Jeffrey L. McCollum, known to me (or satisfactory proven) to be on of the parties executing the foregoing instrument, and he acknowledges the foregoing instrument to be his free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and year first above written. Notary Public My Commission Expires: Notarial Seal Donna L. Fiebig, Notary PabGc 13 Camp Hill Born, Cumberland County My Commission Sapires July 30, 2006 Member,PennsylvarllaX,?s"bmotNotaries ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Disc. of CUMBERLAND Date of Order/Notice 10/27/05 Case Number (See Addendum for case summary) Employer/Withholder's Federal FIN Number 538104925 0 original order/Notice 01-2267 CIVIL O Amended order/Notice 777103347 O Terminate order/Notice 294 S 2001 RE: MC COLLUM, JEFFREY L. Employee/Obligor's Name (Last, First, MI) 184-48-8386 Employee/Obligor's Social Security Number DFAS CLEVELAND CENTER* 5336100750 C/O DFAS CODE L Employee/Obligor's Case Identifier GARNISHMENT OPS (See Addendum for plaintiff names PO BOX 998002 associated with cases on attachment) CLEVELAND OH 44199-8002 Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 2, 667. oo per month in current support $ 0.00 per month in past-due support Arrears 12 weeks or greater? Oyes ® no $ 0.00 per month in current and past-due medical support $ 0.00 per month for genetic test costs $ per month in other (specify) for a total of $ 2,667. 00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 615.46 per weekly pay period. $ 1.230.92 per biweekly pay period (every two weeks). $ 1.333.50 per semimonthly pay period (twice a month). $ 2.667. oo per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER 1D (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. Date of Order: OCT 2 S 21005 DRO: R.J. Shadday Service Type M BY THE Edgar . y, Judge Form -028 OMB No: 0970-0154 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? If hecke? you are required to provide a 4opy of this form to your.empI yee. If yo r employee works in a state that is di erent from the state that issued this order, a copy must be provided to your employee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.*-Reporting the Paydatefflate of ing-- otwithh ??cin the employeeo pagdate/ 's Yvages-.- late of withhold ng i? the da on which .1111 0-rit vvu,, vvrt..'o-- - You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 2491016300 EMPLOYEE'S/OBLIGOR'S NAME: MC COLLUM, JEFFREY L. EMPLOYEE'S CASE IDENTIFIER: 5336100750 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Antidiscrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.C. §1673 (b)1; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. For tribal orders, you may not withhold more than the amounts allowed under the law of the issuing tribe. For tribal employers who receive a state order, you may not withhold more than the amounts allowed under the law of the state that issued the order. 10. Additional Info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11.Submitted By: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 Service Type M If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 OMB No., 097"154 Form EN-028 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: MC COLLUM, JEFFREY L. PACSES Case Number 538104925 Plaintiff Name TERRIE A. MC COLLUM Docket Attachment Amount 01-2267 CIVIL$ 1,224.00 Child(ren)'s Name(s): DOB PACSES Case Number 777103347 Plaintiff Name TERRIE A. MC COLLUM Docket Attachment Amount 00294 S 2001 $ 1,443.00 Child(ren)'s Name(s): DOB ERIN K. MC COLLUM 06,/08/91 TRAVIS J. MC COLLUM 06/1'.5/8.8 ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. ? If checked, you are required to enroll the child(ren) ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available identified above in any health insurance coverage available through the employee's/obligor's employment. through the employee's/obligor's employment. Addendum Form EN-028 Service Type M Worker ID $IATT OMB Nn.: 09>40154 ,., ?, ;, _ ,/-01-167 &(;u ?a MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this / %? 9k day of 6 1 4,?a?- 2005, by and between Terrie A. McCollum, (hereinafter "WIFE") and Jeffrey L. McCollum, (hereinafter "HUSBAND"); WITNESSETH: WHEREAS, the parties hereto were married on October 31, 1987, in Hummelstown, Dauphin County, Pennsylvania; and separated on 4-19-2001, and WHEREAS, the parties have two children of this marriage; Travis J. McCollum born on 6-15-1988 and Erin C. McCollum born on 6-8-1991; and WHEREAS, difficulties have arisen between the parties and it is therefore their intention to live separate and apart for the rest of their lives and the parties are desirous of settling completely the economic and other rights and obligations between each other, including, but not limited to: the equitable distribution of the marital property; past, present and future support; alimony, alimony pendente lite; and, in general, any and all other claims and possible claims by one against the other or against their respective estates; and NOW THEREFORE, in consideration of the covenants and promises hereinafter to be kept and performed by each party and intending to be legally bound hereby, the parties do hereby agree as follows: 1. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel. WIFE is represented by Joanne Harrison Clough, Esquire. HUSBAND is represented by Richard C. Rupp, Esquire. 1 The parties further declare that each is executing the Agreement freely and voluntarily having either obtained sufficient knowledge and disclosure of their respective legal rights and obligations, or if counsel has not been consulted, expressly. waiving the right to obtain such knowledge. The parties each acknowledge that, this Agreement is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion. 2. DIVORCE ACTION. The parties acknowledge that their marriage is irretrievably broken and that they shall secure a mutual consent no fault divorce pursuant to § 3301(c) of the Divorce Code. A divorce action was filed by WIFE with the Court of Common Pleas of Cumberland County, Pennsylvania at Civil Action No. 01-2267 on April 18, 2001. The parties agree to execute Affidavits of Consent for divorce and Waivers of Notice of Intention to Request Entry of a Divorce Decree concurrently with the execution of this Agreement. This Agreement shall remain in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. The parties agree that the terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them and specifically referenced in the Divorce Decree. This Agreement shall not merge with the divorce decree, but shall continue to have independent contractual significance. 3. DATE OF EXECUTION. The "date of execution" and "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 4. MUTUAL RELEASES. Each party absolutely and unconditionally release the other and the estate of the other from any and all rights and obligations which either may have for past, present, or future obligations, arising out of the marital relationship or otherwise, 2 including all rights and benefits under the Pennsylvania Divorce Code of 1980, and amendments except as described herein. Each party absolutely and unconditionally releases the other and his or her heirs, executors, and estate from any claims arising by virtue of the marital relationship of the parties. The above release shall be effective whether such claims arise by way of widow's or widower's rights, family exemption, or under the intestate laws, or the right to take against the spouses will, or the right to treat a lifetime conveyance by the other as testamentary or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, Commonwealth, or territory of the United States, or any other country. Except for any cause of action for divorce which either party may have or claim to have, each party gives to the other by the execution of this Agreement an absolute and unconditional release from all claims whatsoever, in law or in equity which either party now has against the other. 5. FINANCIAL AND PROCEDURAL DISCLOSURE. The parties confirm that each has relied on the accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. Each party understands that he/she had the right to obtain from the other party a complete inventory or list of all property that either or both parties owned at the time of separation or currently and that each party had the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have right to have a court hold hearings and make decisions on the matters covered by this Agreement. Both parties hereby acknowledge that this Agreement is fair and equitable, and that the terms adequately provide for his or her interests, and that this Agreement is not a result of fraud, duress or undue influence exercised by either party upon the other or by any person or persons upon either party. 6. SEPARATION/NON-INTERFERENCE. WIFE and HUSBAND may and shall, at all times hereafter, live separate and apart. They shall be free from any interference, direct or indirect, by the other in all respects as fully as if they were unmarried. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or 3 employment which to him or her may seem advisable. WIFE and HUSBAND shall not harass, disturb, or malign each other or the respective families of each other. 7. REAL PROPERTY. The parties are the joint owners of real property located at 99 Millers Gap Road, Enola, Cumberland County, PA 17025. HUSBAND and WIFE agree that in consideration of the other property transfers set forth in this Agreement and in consideration of a cash payment WIFE shall tender to HUSBAND in the amount of Thirty Five Thousand Seven Dollars and 43/100 ($ 35,007.43) from settlement proceeds at closing to be distributed by the Settlement Officer in accordance with any mandatory waiting periods, HUSBAND agrees to transfer to WIFE by deed tendered by HUSBAND to WIFE at time of real estate closing, any and all right, title, claim and interest he has in said real property to WIFE. WIFE further agrees to pay the balance due on the specific loans referenced in Paragraph 8 here below, and remove HUSBAND as an obligor thereon as set forth in Paragraph 8 of this Agreement. a. HUSBAND's rights and obligations while continuing to reside in marital residence: The parties specifically agree that HUSBAND shall vacate the marital residence on or before 30 days from the date WIFE tenders said cash payment of $35,007.43. From October 1, 2005 until the date HUSBAND actually vacates the martial residence, HUSBAND and WIFE agree that HUSBAND shall pay 50% of all utilities at the marital residence including but not limited to electric, telephone, sewer, AOL, and satellite television. Both parties agree to cooperate in transferring all of the utilities accounts from HUSBAND's name to WIFE's name. b. In event WIFE does not obtain mortgage: If WIFE is unable to obtain a mortgage loan commitment letter in her name alone on 99 Millers Gap Road, Enola, PA within sufficient to pay her financial obligations as set forth in this Agreement, within two months from the date of execution of this Agreement, then the parties agree to list the marital residence for sale and sell said residence. In the event of such sale, HUSBAND shall be paid the sum of $ 37,007.43 from the sale proceeds and WIFE shall receive the balance of the sale proceeds as her sole and separate property, which proceeds are still subject to the terms of this Agreement. 8. DEBTS. If a party has acquired debt, the parties agree that each shall assume full and complete responsibility for his or her own debts. 4 HUSBAND represents and warrants to WIFE that since the separation he has not, and in the future he will not, contract or incur any debt or liability for which WIFE or her estate might be responsible, and he shall indemnify and save WIFE harmless from any and all claims or demands made against her by reason of such debts or obligations incurred by him since the date of said separation, except as otherwise set forth herein. WIFE represents and warrants to HUSBAND that since the separation she has not, and in the future she will not, contract or incur any debt or liability for which HUSBAND or his estate might be responsible, and she shall indemnify and save HUSBAND harmless from any and all claims or demands made against him by reason of such debts or obligations incurred by her since the date of said separation, except as otherwise set forth herein. a. Husband's sole obligations: HUSBAND and WIFE agree that HUSBAND shall be solely responsible for and indemnify and hold WIFE harmless on the dentist bill with a current balance of for WIFE at $ 2,461.00. HUSBAND shall pay said bill in full, whether in lump sum or monthly until said obligation is paid in full. b. Wife's sole obligations: HUSBAND and WIFE agree that WIFE shall be solely responsible for and indemnify and hold HUSBAND harmless on the following debts: 1. Lowes charge account 2. Members 15` loan for counsel fees current balance $2,447.79. HUSBAND and WIFE specifically acknowledge that if said loan is in joint names, the loan shall be paid in full by WIFE at time of settlement of the refinancing of the marital residence. In the event the loan is in HUSBAND's sole name, then WIFE shall pay husband the current loan balance of $ 2,447.79 in full directly from the proceeds of the real estate refinancing and HUSBAND shall be solely liable for paying the balance of the loan in full or monthly at his sole discretion. 3. Members I" loan balance from loan for Marcus. WIFE shall pay the current balance in full of $ 3,411.72 at the time of the real estate refinancing settlement. 5 9. RETIREMENT BENEFITS. a. Husband's thrift plan: HUSBAND is the owner of a Thrift plan through his retirement with DISA at Mechanicsburg Naval Depot which had a separation balance value of $ 41,250.39. HUSBAND and WIFE agree that in consideration of WIFE retaining the equity in the marital residence and other property transfers set forth in this Agreement, WIFE agrees to waive any right, title, claim or interest in said Thift Plan and it shall be the sole and exclusive property of HUSBAND. b. Husband's CSRS defined benefit pension: HUSBAND also participates in the Civil Service Retirement System (CSRS) defined benefit pension plan through his employment with DISA/Mechanicsburg Naval Depot. HUSBAND and WIFE agree that WIFE shall receive 50 % of the marital portion of HUSBAND's defined benefit pension plan through the Civil Service Retirement System via a Qualified Domestic Relations Order less the social security offset. HUSBAND shall select a 100% survivor option and WIFE shall receive the marital portion of said survivor option. The parties further agree that Harry Leister shall prepare the QDRO order at HUSBAND's expense to transfer to WIFE 50% of the marital portion of his CSRS pension. C. Wife has no retirement: HUSBAND and WIFE acknowledge that WIFE has no retirement, IRA, 401K or other pension of any kind. 10. BANK ACCOUNTS. The parties acknowledge that they have divided the marital bank accounts to their satisfaction. The bank accounts held solely in individual names shall become the sole and separate property of the party in whose name it is registered. Each party does hereby specifically waive and release his/her right, title and interest in the other party's respective accounts. 6 11. LIFE INSURANCE. a. Term life insurance: HUSBAND has a term life insurance policy through his employer. b. Husband shall designate children as beneficiaries: HUSBAND agrees to designate the children as irrevocable beneficiaries of his life insurance policy through his employer which shall be payable upon his death to his children in trust, through his Trustee, in accordance with the terms standard for a parental trust. HUSBAND shall have the sole right to select the trustee. HUSBAND shall provide proof of beneficiary designation for said life insurance policy to WIFE or her legal counsel within thirty (30) days of the date of execution of this Agreement and annually thereafter until the trust for his children is terminated. 12. PERSONAL PROPERTY. a. Except as set forth here below, the parties hereto mutually agree that they have divided all furniture, household furnishings and personal property between them in a manner agreeable to both parties. b. The parties mutually agree that each party shall from and after the date of this Agreement be the sole and separate owner of all tangible personal property in his or her possession. C. All of the personal property located at the residence at 99 Millers Gap Road shall be the sole and exclusive property of WIFE except as set forth here below: HUSBAND shall receive the following items of personal property: The parties specifically agree the lawn mower, garden and lawn tools are be the sole property of WIFE. 1. Pine dining room set 2. Husband's desk 3. TV located in the bedroom 4. Husband's bed 5. Husband's dresser 6. Husband's work bench 7. Chest of drawers in the garage 7 8. Tools except WIFE shall retain basic tools at a minimum; hammer assorted screw drivers and some wrenches. 9. Husband's books 10. Husband's bookcase 11; Husband's hunting gear including guns 12. Husband's fishing gear including fishing rods 13. Saw horses 14. Any duplicate lawn tools as agreed by parties 15. Any duplicate garden tools as agreed by parties 13. VEHICLES. The parties own a 1992 Toyota Camry. Said vehicle is titled in HUSBAND's name. The parties own a red Chevrolet pick up truck titled in HUSBAND's name. HUSBAND and WIFE agree that HUSBAND shall transfer any and all right, title claim or interest in the Camry to WIFE. HUSBAND shall retain the Chevy truck as his sole property. Neither vehicle is encumbered by a loan. 14. CHILDREN'S ACCOUNTS/SAVINGS BONDS/BERGER FUNDS HUSBAND and WIFE agree that Erin and Travis each have his or her own bank account and Berger funds and these accounts are non marital property and are in fact the property of the children and shall remain the children s sole and separate property. The parties agree that the children shall also retain as their sole and separate property the United States Savings bonds HUSBAND and WIFE purchased during the marriage. 15. BANKRUPTCY OR REORGANIZATION PROCEEDINGS. In the event that either party becomes a debtor in any bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under State or Federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor-spouse as set forth herein, including all attorney fees and costs incurred in the enforcement of this paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, 8 regardless of Federal or State law to the contrary, and each party waives any and all right to assert that obligation hereunder is discharged or dischargeable. The parties mutually agree that in the event of bankruptcy or financial reorganization proceedings by either party in the future, any monies to be paid to the other party, or to a third party, pursuant to the terms of this Agreement shall constitute support and maintenance and shall not be discharged in bankruptcy. 16. ALIMONY, SUPPORT, AND ALIMONY PENDENTE LITE. A. Alimony: HUSBAND and WIFE specifically agree that HUSBAND shall pay to WIFE the sum of One Thousand Two Hundred Twenty Four Dollars ($ 1,224.92) a month in alimony commencing October 1, 2005. The parties expressly agreed to use the figures calculated by the Domestic Relations Conference Officer at the 5-9-2005 support conference as the alimony amount in this case. In the event the divorce is not finalized on or before October 1, 2005, then said payments shall be made as alimony pendente lite until the divorce is entered. Said alimony payments shall continue until HUSBAND is 62 years old or retires which ever later occurs. Said alimony order shall be reduced to a Court Order and HUSBAND shall be wage attached and the alimony shall be collected by Domestic Relations. B. Child support: The parties also expressly agreed to use the child support figures calculated by the Domestic Relations Conference Officer on 5-9-2005 as the child support obligation HUSBAND is to pay to WIFE for the support of the parties' minor children in the amount of One Thousand Four Hundred Forty Three Dollars a month ($1,443.00). Said support obligation shall be reduced to court order, and HUSBAND shall be wage attached and the support shall be collected by Domestic Relations. The effective date of the support obligation shall be October 1, 2005. C. Claiming children for federal income tax purposes: HUSBAND shall have the right to claim Travis as a dependent for Federal Income Tax purposes. HUSBAND shall have the option to claim Erin as a dependent for Federal Income Tax purposes provided he agrees to tender to WIFE the amount of additional tax liability she would incur as a result of WIFE not claiming Erin as a dependent for Federal Income Tax purposes. WIFE shall submit to HUSBAND by March 1, of each calendar year her proposed income tax filing showing her federal income tax 9 liability if she claims Erin and her income tax liability if she does not claim Erin as a dependent. HUSBAND, at his sole option shall have the right to claim one or both children on his federal income taxes provided he tenders to WIFE a payment in full of the difference in tax liability she will incur if he claims one or both children. Said payment shall be tendered to WIFE at HUSBAND's option at the time WIFE signs any necessary IRS form to permit HUSBAND to claim said child or children. D. Waiver: Except as provided herein, the parties hereby expressly waive, release, discharge and give up any and all rights or claims which either may now or hereafter for spousal support, alimony pendente lite, alimony, or maintenance except as set forth in this Agreement. The parties further release any rights that they may have to seek modification of the terms of this Agreement in a court of law or equity, with the understanding that this Agreement constitutes a final determination for all time of either party's obligations to contribute to the support or maintenance of the other. 17. ATTORNEY FEES, COURT COSTS. Each party hereby agrees to be solely responsible for his or her own counsel fees, costs and expenses. Neither shall seek any contribution thereto from the other except as otherwise expressly provided in this Agreement. 18. ATTORNEYS' FEES FOR ENFORCEMENT. In the event that either party breaches any provision of this Agreement and the other party retains counsel to assist in enforcing the terms thereof, the breaching party will pay all reasonable attorneys' fees, court costs and expenses (including interest and travel costs, if applicable) which are incurred by the other party in enforcing the Agreement, whether enforcement is ultimately achieved by litigation or by amicable resolution. It is the specific Agreement and intent of the parties that a breaching or wrongdoing party shall bear the obligation of any and all costs, expenses and reasonable counsel fees incurred by the nonbreaching party in protecting and enforcing his or her rights under this Agreement. 10 19. WAIVER OF RIGHTS. Both parties hereby waive the following procedural rights: (a.) The right to obtain an inventory and the appraisement of all marital and non-marital property; (b) The right to obtain an income and expense statement of either party; (c.) The right to have all property identified and appraised; (d.) The right to discovery as provided by the Pennsylvania Rules of Civil Procedure; and (e.) The right to have the court make all determinations regarding marital and non-marital property, equitable distribution, spousal support, alimony pendente lite, alimony, counsel fees and costs and expenses. 20. MUTUAL COOPERATION. WIFE and HUSBAND shall mutually cooperate with each other in order to carry through the terms of this Agreement, including but not limited to, the signing of documents. 21. VOID CLAUSES. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 22. APPLICABLE LAW. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 23. ENTIRE AGREEMENT This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 11 24. CONTRACT INTERPRETATION. For purposes of contract interpretation and for the purpose in resolving any ambiguity herein, the parties agree that this Agreement was prepared jointly by the parties. IN WITNESS WHEREOF, the parties hereto have set their hands and seals of the day first above written. This Agreement is executed in duplicate, and in counterparts. WIFE and 1ND acknowledge #\e receipt of a duly executed copy hereof. Witness Witness Terrie A. McCollum /` ` c of rey L. McCollum 12 COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND On the 11"' day of C,bks-- 2005, before me, a Notary Public in and for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared Terrie A. McCollum, known to me (or satisfactory proven) to be one of the parties executing the foregoing instrument, and she acknowledges the foregoing instrument to be her free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and year first above written. COMMONWEALTH OF PENNSYLVANIA -1)1024 :M lk?? Notarial Seal Mary M. Loper, Notary Public Notary PAW Camp Hill Boro, Cumberland County My Commission Expires Oct. 27, 2007 My Commission Expires: Member. Pennsylvania Association Of Notaries COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND On the lyll"* day of OG?O6?? 2005, before me, a Notary Public in and for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared Jeffrey L. McCollum, known to me (or satisfactory proven) to be on of the parties executing the foregoing instrument, and he acknowledges the foregoing instrument to be his free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and year first above written. Notary Public My Commission Expires: Notarial Seat Donna L. Fiebig, Notary Public 13 Camp Hill Dom, Cumberland Count My Commission Expires July 30, 2% Member, PBnngS,hranla 49 .ial of Notaries ~> t .. 'il ?, '? -„ m - ? .?? w ?:._ '_? rI ' \ ?1 in ? w L7 - . TERRIE A. McCOLLUM, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 01-2267 Civil Term JEFFREY L. McCOLLUM, CIVIL ACTION -LAW Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD UNDER § 3301 (c) OF THE DIVORCE CODE To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a divorce decree: I . Ground for divorce: irretrievable breakdown under § 3301 (c) of the Divorce Code. 2. Date and manner of service of the Complaint: (a) Date of service: April 20,2001 (b) Manner of service: United States Mail. Affidavit of Service filed: simultaneously with this praecipe 3. Date of execution of the Affidavit of Consent required by § 3301 (c) of the Divorce Code: (a) By the Plaintiff September 25, 2002 Filed on: Septemeber 26, 2002 (b) By the Defendant: September 26, 2002 Filed on: September 27, 2002 4. Date of execution of Waiver of Notice of Intention to File Praecipe to Transmit Record: (a) By the Plaintiff: November 1, 2005 filed simultaneously with this praecipe (b) By the Defendant:: October 28, 2005 filed simultaneously with this praecipe 5. The was an Order of the Court dated October 21, 2005 vacating the appointment of the Master 6. Related claims pending: NONE DATED: Attorney ID No. 36461 24 N. 32"d Street Camp Hill, PA 17011 (717) 737-5890 Attorney for Plaintiff c? C-1 CJ _at? C 'V 4' ^ri ?Fll Fll TERRIE A. McCOLLUM, Plaintiff v. vi. JEFFREY L. McCOLLUM, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-2267 Civil Term CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. DATE: CS a ?x C? C C?/, Terrie A.. McCollum ?Tt7 Ln ti TERRIE A. McCOLLUM, Plaintiff v. vi. JEFFREY L. McCOLLUM, Defendant IN T13E COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-2267 Civil Term CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities. DATE: ?O/a ?10S 7 . McCollum r- ? 'S1 c-n TERRIE A. McCOLLUM, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 01 - 2267 Civil Term JEFFREY L. McCOLLUM, : CIVIL ACTION -LAW Defendant : IN DIVORCE AFFIDAVIT OF ACCEPTANCE OF SERVICE I, Jeffrey L. McCollum acknowledge that I received a true and correct copy of a time stamped Complaint in Divorce filed on April 18, 2001 in the above captioned action by first class mail on the 20th day of April, 2001. Date: 0 d _ J . McCollum c? ? cv r._- ? -rr ? w -?? '-. ? j c °t_' c.= -' i7r" -i ?_ ? ?., ` v, ?< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. TERRIE A. McCOLLUM Plaintiff VERSUS JEFFREY L. McCOLLUM, Defendant No. 01-2267 Civil Term DECREE 1N DIVORCE AND NOW, IT IS ORDERED AND DECREED THRTE A. MCCOLLUM AND JEFFREY L. McCOLLUM ARE DIVORCED FROM THE BONDS OF MATRIMONY. PLAINTIFF, DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD`` IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; `vVmje- The terms of the Marital Settlement Agreement executed by the parties on 10-13-05 are incorporated by with this Decree. BY THE COURT: not merged ATTEST: J. PROTHONOTARY O?Yyl -o ?/ -'/ In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION TERRIE A. MCCOLLUM ) Docket Number 01-2267 CIVIL Plaintiff ) vs. ) PACSES Case Number 538104925 JEFFREY L. MCCOLLUM ) Defendant ) Other State ID Number ORDER TO CREDIT ARREARS AND NOW, on this 22ND DAY OF DECEMBER, 2005 IT IS HEREBY ORDERED that credit be given on the above captioned case in the amount of $1, 224.00 . There ® is O is not an agreement of the parties to the credit. This credit is for: ® Direct Payments. ? Purchases made or services performed by the Defendant on behalf of the Plaintiff or children. ? Time children resided with the Defendant as agreed upon by parties, or addressed in a partial custody order for the following time periods: From to From to From to ? Other: Plaintiff Defendant Date Date Date BY THE COURT: 1 GE Form FI-002 Service Type M Worker ID 21205 FRdM :JOANNE HRRRISON CLOUGH,P.C. FAX NO. :7177375892 Dec. 21 2005 03:16PM P1 JOAM HARRUM CLOUMl PC ATTOM BY AND OOUNBLOR AT LAW SOIL Wo w"dw CWHUMMMMMIRMI "I-704p TUMAXTIT-URM FACSIMILE CQVU SBMT cyr,tp ?T? C: .R_Q 0. 0? Tom, FY: J+re Aasb Cxer?b, BMr/re `d A v s uo f)a- P-70 . h.. C?e C.Zun) For N&: ,• Salve eo Pwbw by MMU. palf(s) to Follow: O umm" t rn Y a ?- All WRAC Mt =1 CtMnM at (717) 7374MS V fbn r wq probbu to kwumbd • 'Bo bbrood a em*bw In ob tdweNuW k traaeMlM by w suww. k b prift, aad eadYktllal, k?YrdM M Ike w d tre k+dhNol'er ?M4' aid aMe. Mira reaUr of dd? rlNrMs N aet tre kdeaied nelplNt, yw an knrlry t?IfNM tltat uW direMuNu. dbw@mNaa or momin of 06 ummmkodu Y MMIMV pMNMM. We* aemaaWow bw bom rmirW b mw, pkar homwko ty b 7? unmwy,rdwmbmNrMg' -mmWMwetIvaMwed&mvbMotrAPON500 (VOW O ?? can 7?tQ C'?Q ?I ?VJ? l? aU C)5; ??, )U o ii [l?k? A cM ?a?t, a? e erg ?o???atf d atr c?, `7? d0-d C? ?.o? acs Qrnk_Z -08-91 'A atL? #7r. 6,6 ittz-1- I -A5-- 19 go, ? ? r. ? ` z7 el5 C.: ._j „? v ?-, rJ ?_? ` ?:' ? N 'r, -'1 ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT 538104925 State Commonwealth of Pennsylvania 01-2267 CIVIL Co./City/Dist. of CUMBERLAND Date of Order/Notice 06/26/06 777103347 Case Number (See Addendum for case summary) 294 S 2001 Employer/Withholder's Federal EIN Number DFAS CLEVELAND CENTER* C/O DFAS CODE L GARNISHMENT OPS PO BOX 998002 CLEVELAND OH 44199-8002 O Original Order/Notice O Amended Order/Notice O Terminate Order/Notice RE: MCCOLLUM, JEFFREY L. Employee/Obligor's Name (Last, First, MI) 184-48-8386 Employee/Obligor's Social Security Number 5336100750 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 1, 940.00 per month in current support $ 0.00 per month in past-due support Arrears 12 weeks or greater? Dyes ® no $ 0.00 per month in current and past-due medical support $ 0. 00 per month for genetic test costs $ per month in other (specify) for a total of $ 1, 940.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 447.69 per weekly pay period. $ 895 .38 per biweekly pay period (every two weeks). $ 970. oo per semimonthly pay period (twice a month). $ 1, 940.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE C T: Date of Order: JUN 2 7 2006 1 Edgar B. Bayle , Jud DRO: R.J. Shadday Form EN-028 Service Type M OMB No.: 0970-0154 Worker ID $IATT lw? ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? if hecketl you are required to provide a ppy of this form to your3wloyee. If yoyr employee works in a state that is di Brent rrom the state that issued this order, a copy must be provi eedd to your employee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* paydate/date of withholding is the date on which amount was withheld fron. the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 2491016300 EMPLOYEE'S/OBLIGOR'S NAME: MCCOLLUM, JEFFREY L. EMPLOYEE'S CASE IDENTIFIER: 5336100750 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employeelobligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.C. §1673 01; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. For tribal orders, you may not withhold more than the amounts allowed under the law of the issuing tribe. For tribal employers who receive a state order, you may not withhold more than the amounts allowed under the law of the state that issued the order. 10. Additional Info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Submitted By: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 Service Type M If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 OMB No.: 0970-0154 Form EN-028 Worker ID $ IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: MCCOLLUM, JEFFREY L. PACSES Case Number 538104925 Plaintiff Name TERRIE A. MCCOLLUM Docket Attachment Amount 01-2267 CIVIL$ 1,224.00 Child(ren)'s Name(s): DOB ? 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 777103347 Plaintiff Name TERRIE A. MCCOLLUM Docket Attachment Amount 00294 S 2001 $ 716.00 Child(ren)'s Name(s): DOB ERIN K. MCCOLLUM 06/08/91 ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. Addendum Form EN-028 Service Type M OMB No.: 0970-0154 Worker ID $IATT r-? .3{ ORDERINOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 08/01/06 Case Number (See Addendum for case summary) 538104925 01-2267 CIVIL 777103347 294 S 2001 O Original Order/Notice O Amended Order/Notice O Terminate Order/Notice Employer/Withholder's Federal EIN Number DFAS CLEVELAND CENTER* C/O DFAS CODE L GARNISHMENT OPS 184-48-8386 Employee/Obligor's Social Security Number 5336100750 Employee/Obligor's Case Identifier (See Addendum for plaintiff names PO BOX 998002 associated with cases on attachment) CLEVELAND OH 44199-8002 Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 1, 911. oo per month in current support $ o. 00 per month in past-due support Arrears 12 weeks or greater? Dyes ® no $ o. oo per month in current and past-due medical support $ 0.00 per month for genetic test costs $ per month in other (specify) for a total of $ 1, 911.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 441. oo per weekly pay period. $ a82.00 per biweekly pay period (every two weeks). $ 955. so per semimonthly pay period (twice a month). $ 1.911. oo per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY TH OURT: ??? Date of Order: AUG G 2 2006 RE: MCCOLLUM, JEFFREY L. Employee/Obligor's Name (Last, First, MI) Eder B. Bayley, ' % Judge DRO: R.J. Shadday Form EN-028 Service Type M OMB No, 09700154 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? I heck you are required. top idea opy of this form to your m loyee. If yo r employee orks in a state that is ifcferent from the state that issuetXis order, a copy must be providee?to your employee even if i?e box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employeelobligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employeelobligor. 3.* Repo. ting the Paydal ate of Wit! -holding. You niustrepont tire paydate/date of withholding when sendints tic payment. The paydat&d.te of wid. io chnis Is the date on which a, nou, it was vv't he'd fion. the employee's walses. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employeelobligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 2491016300 EMPLOYEE'S/OBLIGOR'S NAME: MCCOLLUM. JEFFREY L. EMPLOYEE'S CASE IDENTIFIER: 5336100750 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employeelobligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Antidiscrimination: You are subject to a fine determined under State law for discharging an employeelobligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of. 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.C. § 1673 (b)1; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. For tribal orders, you may not withhold more than the amounts allowed under the law of the issuing tribe. For tribal employers who receive a state order, you may not withhold more than the amounts allowed under the law of the state that issued the order. 10. Additional *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11.Submitted By: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 If you or your employee obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240.6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Service Type M Page 2 of 2 OMB No.: 0970-0154 Form EN-028 Worker ID ,$IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: MCCOLLUM, JEFFREY L. PACSES Case Number 538104925 Plaintiff Name TERRIE A. MCCOLLUM Docket Attachment Amount 01-2267 CIVIL$ 1,224.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACKS Case Number Plaintiff Name Docket Attachment $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee'slobligor's employment. ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB c -- ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 04/06/09 Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number DEPT OF DEFENSE CIVILIANS 777103347 294 S 2001 01-2267 CIVIL OOriginal Order/Notice @Amended Order/Notice OTerminate Order/Notice OOne-Time Lump Sum/Notice RE: MCCOLLUM, JEFFREY L. Employee/Obligor's Name (Last, First, MI) Sent Electronically DO NOT MAIL 184-48-8386 Employee/Obligor's Social Security Number 5336100750 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ o. oo per month in current child support $ 0.00 per month in past-due child support Arrears 12 weeks or greater? Dyes ® no $ 0.0 o per month in current medical support $ 0.00 per month in past-due medical support $ 1,224.00 per month in current spousal support $ o. oo per month in past-due spousal support $ o . o o per month for genetic test costs $ 0.0-0 per month in other (specify) $ one-time lump sum payment for a total of $ 1,224.00 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: $ 281.69 per weekly pay period. $ 612.00 per semimonthly pay period (twice a month). $ 563. 38 per biweekly pay period (every two weeks). $ 1, 224.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If required by Pennsylvania law (23 PA C.S. § 4374(b)) to remit by electronic payment method, please call Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAMEAND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: EDGAR 8 BAYLEY Form EN-428 Service Type M OMB No.: 0970-0154 Worker ID 21005 ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS Ei If hecked you are required to provide a copy of this form to your em loyee. If yo r employee works in a state that is the state that issued this order, a copy must be provide to your emp?oyee even if the box is not checked. dit?ferent from dp 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 3115751420 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : C3 THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: El EMPLOYEE'S/OBLIGOR'S NAME:MCCOLLUM, JEFFREY L. EMPLOYEE'S CASE IDENTIFIER: 5336100750 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: FINAL PAYMENT AMOUNT. NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) (15 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks : If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 Service Type M OMB No.: 0970-0154 Form EN-428 Worker ID 21005 ADDENDUM Summary of Cases on Attachment Defendant/Obligor: MCCOLLUM, JEFFREY L. PACSES Case Number 538104925 PACSES Case Number Plaintiff Name Plaintiff Name TERRIE A. MCCOLLUM Docket Attachment Amount Docket Attachment Amount 01-2267 CIVIL$ 1,224.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Addendum Form EN-428 Service Type M OMB No, 0970-0154 Worker ID 21005 OF RIF r ~ r,_,? .,,,OTARY 2009 APR -b Fill 3: 03 ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 04/15/09 Case Number (See Addendum for case summary) EmployerAA/ithholder's Federal EIN Number DEPT OF DEFENSE CIVILIANS Sent Electronically DO NOT MAIL See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 687.00 per month in current child support $ o. oo per month in past-due child support Arrears 12 weeks or greater? Oyes ® no $ 0.00 per month in current medical support $ o.0o per month in past-due medical support $ 1,224.00 per month in current spousal support $ o. oo per month in past-due spousal support $ o . oo per month for genetic test costs $ o . oo per month in other (specify) $ one-time lump sum payment for a total of $ 1, 911. oo 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: $ 439.79 per weekly pay period. $ 955.50 per semimonthly pay period (twice a month). $ 879.58 per biweekly pay period (every two weeks). $ 1, 911. oo per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If required by Pennsylvania law (23 PA C.S. § 4374(b)) to remit by electronic payment method, please call Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAMEAND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: EDGAR B BAYLEY Form EN-428 777103347 294 S 2001 01-2267 CIVIL OOriginal Order/Notice OAmended Order/Notice OTerminate Order/Notice (Done-Time Lump Sum/Notice RE: MCCOLLUM, JEFFREY L. Employee/Obligor's Name (Last, First, MI) 184-48-8386 Employee/Obligor's Social Security Number 5336100750 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) Service Type M OMB No.: 0970-0154 Worker ID 21205 ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS Me heck Youth are required to provide a opy of this form to your m loyee. If yo r employee orks in a state that is rent from e state that issued this orf er, a copy must be provigedpto your emp?oyee even if tie box is not chec ked. . 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employeelobligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employeelobligor. 3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. 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 employeelobligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 3115751420 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : 0 THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 0 EMPLOYEE'S/OBLIGOR'S NAME:MCCOLLUM, JEFFREY L. EMPLOYEE'S CASE IDENTIFIER: 5336100750 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: FINAL PAYMENT AMOUNT- NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. if you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Antidiscrimination: You are subject to a fine determined under State law for discharging an employeelobligor from employment, refusing to employ, or taking disciplinary action against any employeelobligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) 0 5 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks : If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA 0 5 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST by telephone at (717) 240-6225 or P.O. BOX 320 by FAX at (717) 240-6248 or CARLISLE PA 17013 by Internet www.childsupport.state.pa.us Page 2 of 2 Form EN428 Service Type M OMS No.: 0970-0154 Worker lD 21205 PACSES Case Number Plaintiff Name PACKS Case Number Plaintiff Name Service Type M ADDENDUM Summary of Cases on Attachment Defendant/Obligor: MCCOLLUM, JEFFREY L. Addendum OMB No.: 0970-0154 ERIN K. MCCOLLUM 06/08/91 PACSES Case Number Plaintiff Name PACSES Case Number Plaintiff Name Form EN-428 Worker ID 21205 FILED-CI FILE OF THE WTl-K0tYGTAAY 2W9 APR 15 Ffi 3: tl8 •4. ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT 538104925 01-2267 CIVIL State Commonwealth of Pennsylvania 777103347 OOriginal Order/Notice Co./City/Dist. of CUMBERLAND 294.S 2001 OAmended Order/Notice Date of Order/Notice 06/08/09 OTerminate Order/Notice Case Number (See Addendum for case summary) QOne-Time Lump Sum/Notice RE: MCCOLLUM, JEFFREY L. Employer/Withholder's Federal EIN Number Employee/Obligor's Name (Last, First, NIP DEPT OF DEFENSE CIVILIANS Sent Electronically DO NOT MAIL 11 184-48-8386 Employee/Obligor's Social Security Number 5336100750 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 0.00 per month in current child support $ o. oo per month in past-due child support Arrears 12 weeks or greater? Dyes ® no $ 0.00 per month in current medical support $ 0.00 per month in past-due medical support $ 1,224.00 per month in current spousal support $ o . oo per month in past-due spousal support $ o . oo per month for genetic test costs $ 0.00 per month in other (specify) $ one-time lump sum payment for a total of $ 1,224.00 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: $ 2,1..9 per weekly pay period. $ 612.00 per semimonthly pay period (twice a month). $ 563.38 per biweekly pay period (every two weeks). $ 1, 224.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). Pennsylvania law (23 PA C.S. § 4374(b)) requires remittance by an electronic Payment method if an employer is ordered to withhold income from more than one employee and employs 15 or more persons, or if an employer has a history of two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: EDGAR B BAYLEY DRO: R.J. Shadday Form EN-428 Rev.1 Service Type M OMB No.: 0970-0154 Worker ID $IATT 4 ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS Ifhheckefi you are required, to provide a jopy of this form to your medployee. If yo?1 r employee works in a state that is A Brent rom the state that issued this o er, a copy must be provi? to your employee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 3115751420 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : E3 THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: O EMPLOYEE'S/OBLIGOR'S NAME:M000LLUM, JEFFREY L. EMPLOYEE'S CASE IDENTIFIER: 5336100750 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: FINAL PAYMENT AMOUNT- NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) 0 5 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks : If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 Form EN-428 Rev.1 Service Type M OMB No.: 0970-0154 Worker ID $IATT c ADDENDUM Summary of Cases on Attachment DefendanVObligor: MCCOLLUM, JEFFREY L. PACSES Case Number 538104925 Plaintiff Name TERRIE A. MCCOLLUM Docket Attachment Amount 01-2267 CIVIL $ 1,224.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Addendum Form EN-428 Rev.1 Service Type M OMB No, 0970-0154 Worker ID $IATT OF THE T?py 2009 JUN - 9 Pit 3: 2 1