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HomeMy WebLinkAbout99-05368 l S y'Y r IN THE COURT OF COMMON PLEAS CFCUMBERLANDCOUNTY STP'rE OF PENNA. DORINE A. BOLLINGER No. 1999-5368 VERSUS D. TIMOTHY BOLLINGER DECREE IN DIVORCE AND NOW, Pr/rb7?j r C 20c)4, IT IS ORDERED AND DECREED THAT DORINE A. BOLLINGER PLAINTIFF, D. TIMOTHY BOLLINGER AND DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; None. AND IT IS FURTHER ORDERED, that the terms, conditions and covenants set forth in the written Property Settlement Aareement made and entered into by the parties on December 19, 2001 are incorporated into this Decree by reference thereto, but not merged into this Decree. BY THE COURT: ATT Fr ?. J. I PROTHONOTARY ,?z Asa" ? `?`4 1 I TUCKER ARENSBERG & SWARTZ I I I NORTH FRON'r STRE.Gr E.O. Iiox 889 IIARRISBURO.I'I'.NNSYINANIA 17111911887 17171 234.4121 4 f PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, Made this %40< day of 2001, by and between D. TIMOTHY BOLLINGER, hereinafter referred to as "Husband", and DORINE A. BOLLINGER, hereinafter referred to as "Wife". WITNESSETH: and WHEREAS, Husband and Wife were lawfully married on June 18, 1977; WHEREAS, three children were born of this marriage, namely, Stephanie, born February 16, 1979, Julie, born October 2, 1981 and Katie, born October 27, 1985; and WHEREAS, certain differences have arisen between the parties as a result of which they have separated and now live separate and apart from one another, and are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them relating to the past, present and future support and/or maintenance of Wife by Husband or of Husband by Wife; and in general the settling of any and all claims and possible claims by one against the other or against their respective estates for equitable distribution of all marital property; and a resolution of all mutual responsibilities and rights growing out of the marriage relationship; and WHEREAS, the parties hereto, after being properly advised by their respective counsel, Husband by his attorney, Emily Long Hoffman, and Wife by her attorney, Sandra L. Meilton, have come to the following agreement. NOW THEREFORE, in consideration of the above recitals and the following covenants and promises mutually made and mutually to be kept, the parties heretofore, intending to be legally bound and to legally bind their heirs, successors and assigns thereby, covenant, promise and agree as follows: SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other at such place or places as he or she may from time to time choose or deem fit. - 1 - 2. PERSONAL RIGHTS: Each party shall be free from interference, authority and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other nor attempt to endeavor to molest the other, nor compel the other to cohabit with the other, nor in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other in all respects as if he or she were single and unmarried. 3. WIFE'S DEBTS: Wife represents and warrants to Husband that since their separation on October 17, 1998 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 shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. 4. HUSBAND'S DEBTS: Husband represents and warrants to Wife that since their separation on October 17, 1998 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 shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. OUTSTANDING JOINT DEBTS: Husband and Wife acknowledge and agree that they have no outstanding debts and obligations of the Husband and Wife incurred prior to the signing of this Agreement, except as follows: Description of Debt Responsible Part GE Capital Consumer Card Co. Husband Acct. No. 5406-8198-0039-4379, First USA Bank, Acct. No. Husband 4417 1223 5310 9821, Bon Ton Charge account Husband - 2 - J ? f Limited charge account Wife Express charge account Wife City Financial account Wife At the time of the signing of this Agreement, the parties were not certain whether there was one or more First USA Bank credit card accounts. It was agreed that if, in fact, such additional account existed, that Husband would assume responsibility for any balance owing on same. In addition, Husband shall agrees to pay the GE Capital Consumer Company card, the First USA Bank account identified above and the Bon Ton charge. Wife agrees to pay the Limited, Express and City Financial debts. Each party agrees to pay the outstanding obligations identified as their responsibility herein and further agrees to indemnify and save harmless the other from any and all claims and demands made against him or her by reason of the other's default on such debt or obligation. Husband and Wife acknowledge and agree that they have no other outstanding debts and obligations of the Husband and Wife incurred prior to or after the signing of this Agreement. In return for Husband's agreement to pay the credit card accounts set forth above, Wife agrees to pay to Husband $1,500 in satisfaction of her responsibility for those debts. Wife's $1,500 obligation shall be deducted from the overall cash payment due from Husband to Wife as set forth on the Exhibit "A" attached to this Agreement. 6. JOINT CREDIT CARDS AND BANK ACCOUNTS: Husband and Wife shall immediately close out any remaining credit card accounts and/or bank accounts existing in joint names. Closure of these accounts shall be completed within thirty (30) days of the date of this Agreement. 7. MUTUAL RELEASE: Subject to the provisions of this Agreement, each party waives his or her right to alimony and any further distribution of property inasmuch as the parties hereto agree that this Agreement provides for an equitable distribution of their marital property in accordance with the Divorce Code of 1980. Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all - 3 - 4 causes of action, claims, rights or demands whatsoever arising out of their marriage, except any or all cause or causes of action for divorce and except in any or all causes of action for breach of any provisions of this Agreement. Each party also waives his or her right to request marital counseling pursuant to 23 Pa.C.S.A. Section 3302. 8. DIVISION OF PERSONAL PROPERTY (A) PERSONAL PROPERTY: T marital furniture and the proceeds dividedequally betweenthe Parties Se Husband shall shall be solely responsible for arranging for the sale of said items and shall clear with Wife all dates for moving furniture and sale of same. (B) RETIREMENT BENEFITS: Employees' Wife is the owner of a Public Retirement System (PSERS) Pension and Husband is the owner of c a Pace Resources 401(k). The parties have agreed that Harry M. Leister, Jr., F.S.A., of Conrad M. Siegel, Inc. shall be retained to determine the value of the marital portion of Wife's PSERS pension and Husband's 401 M. In determining the marital portion of Husband's 401(k), Harry Leister shall deduct the date of separation value of the existing loan which on that date was $13,057.63. In the event the date of separation value of either party's pension/retirement is higher than the current value, due to market fluctuations, then the lower value shall be used. After establishing the marital values, the pension and retirement benefits discussed herein shall be divided fifty-five (55%) percent to Wife and forty-five (45%) percent to Husband. For purposes of calculating the 55%-45% division, it is agreed between the parties that Wife shall retain her PSERS pension in its entirety and that Husband shall waive any right, title or interest he may have in same. To compensate Husband for this waiver, Husband's 45% of the marital portion of Wife's PSERS shall be reduced from the 55% Wife is to receive from Husband's 401 M. Wife waives any right, title or interest she may have in the remainder of Husband's 401 M. For example. Assume hypothetically that husband's pension Is worth 5100,000 and wife's pension is worth $50,000. The total marital pensions equal $150,000. If wife is to receive 55% of that value, her share would be $82,500. To reach this amount, she would retain her pension valued at $50,000 and $32,500 from husband's pension. - 4 - Harry M. Leister, Jr. shall also be retained by the parties to prepare the appropriate Qualified Domestic Relations Orders to transfer to Wife her 55% (less the adjustment addressed herein) in Husband's 401 W. The parties shall equally divide Mr. Leister's fees. To the extent permitted by Husband's 401(k) plan, Wife shall be entitled to make selections with regard to the accounts, stocks and/or other assets transferred to her from Husband's 401 W. Wife shall make this decision with the assistance of a financial planner and shall advise Mr. Leister so that her selections can be addressed in the Qualified Domestic Relations Order. (C) RITE AID STOCK: Husband and Wife acknowledge that they are the owners of Rite Aid Corporation stock estimated to be 148 shares. Husband and Wife agree that all of the Rite Aid Corporation stock shall be distributed so that Wife receives fifty-five (55%) percent and Husband forty-five (45%) percent of the total shares of stock. With regard to the above distribution of stock, Husband and Wife hereby specifically release and waive any and all interest, claim or right that he or she may have in the stocks of the other. Husband and Wife further agree to execute the necessary documents to transfer said stocks as provided herein and said transfer shall be made within thirty (30) days of the signing of this Agreement. (D) BANK ACCOUNTS: At the date of separation, the parties jointly held a Pace Resources Federal Credit Union account, Account No. 1698, with the total value of $2,609.86. Husband retained said account and the parties agree that he shall pay to Wife fifty-five (55%) percent of the value of the account as set forth on the attached Exhibit "A". Payment shall be made within thirty (30) days of the signing of this Agreement. (E) PROCEEDS FROM THE SALE OF MARITAL RESIDENCE: After separation, the marital residence located at 2612 Logan Street, Camp Hill, Pennsylvania was sold and the proceeds distributed between the parties. The parties agree that Wife was entitled to fifty-five (55%) percent of those proceeds. Husband shall pay to Wife the sum of $1,432.60 as set forth on the attached Exhibit "A". Per Paragraph 9 below, payment shall be made within thirty (30) days of the signing of this Agreement. - 5 - (F) NORTHWESTERN MUTUAL LIFE INSURANCE ACCOUNTS: Husband and Wife were, at the date of separation, both owners of Northwestern Mutual Life Insurance policies. Wife's policy (No. 10651265) has a cash surrender value of $2,665.20 and Husband's policy (No. 9436899) had a cash surrender value of $12,859.09. The parties agree that these cash values shall be divided fifty-five (55%) percent to Wife and forty-five (45%) percent to Husband. The distribution of these policies shall be as set forth on the attached Exhibit "A". Per Paragraph 9 below, payment shall be made within thirty (30) days of the signing of this Agreement. . For purposes of calculating the 55%-45% division, it is agreed between the parties that Wife shall retain her policy noted herein in its entirety and that Husband shall waive any right, title or interest he may have in same. (G) VEHICLE: Wife shall transfer all of her right, title and interest to Husband for the 1995 Saturn subject to the lien held by PACE. In return for Wife's transfer, Husband agrees to pay the PACE loan in full and shall indemnify Wife and hold her harmless against any and all claims or demands made against her in connection with said loan. The parties further acknowledge and agree that the equity in the said vehicle at the date of separation was $3,506. In further consideration for Wife's waiver of her interest in said vehicle, Husband shall pay to Wife fifty-five (55%) percent of said value as set forth on the attached Exhibit "A". Per Paragraph 9 below, payment shall be made within thirty (30) days of the signing of this Agreement. (H) BOAT: Wife shall transfer all of her right, title and interest to Husband for the 24' Catalina boat subject to the lien held by PACE. In return for Wife's transfer, Husband agrees to pay the PACE loan in full and shall indemnify Wife and hold her harmless against any and all claims or demands made against her In connection with said loan. The parties further acknowledge and agree that the equity in the said boat at the date of separation was $6,200. In further consideration for - 6 - 4 Wife's waiver of her interest in said boat, Husband shall pay to Wife fifty-five (55%) percent of said value as set forth on the attached Exhibit "A". Per Paragraph 9 below, payment shall be made within thirty (30) days of the signing of this Agreement. (1) TAX LIABILITY: The parties believe and agree that the division of property heretofore made by this Agreement is a non-taxable division of property between co-owners rather than a taxable sale or exchange of such property. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her or with respect to any other issue which is inconsistent with the position set forth in the preceding sentence on his or her Federal or State income tax returns. 9. CASH PAYMENT: Husband shall pay to Wife the sum of $12,579.48, as itemized on the Exhibit "A" which payment shall be made within thirty (30) days of the signing of this Agreement. 10. CHILD SUPPORT: Husband shall pay Wife child support for their one minor daughter in an amount to be calculated under the Pennsylvania Statewide Support Guidelines. The support payments shall be calculated and an agreement signed in this regard within thirty (30) days of the signing of this Agreement. The effective date of the child support shall be October 1, 2001. The parties agree to sign an amicable Order of Support with the Court of Common Pleas of Cumberland County, Pennsylvania, so that future payments shall be made in accordance with the Order of Court. The parties agree that this provision relative to support payments may be enforced by an action in accordance with the Rules of Civil Procedure governing actions for support. 11. ALIMONY: Husband agrees to pay Wife the sum of $1,000 per month for the support and maintenance of Wife for a period of ten (10) years. Said payments shall be made through the Domestic Relations Section, Court of Common Pleas of Cumberland County, Pennsylvania. The parties agree that this provision relative to - 7 - support payments may be enforced by an action in accordance with the Rules of Civil Procedure governing actions for support. Such obligation for support to Wife shall commence effective October 1, 2001 and continue until September 30, 2011 or the happening of the following, whichever shall occur first: (1) Wife dies; (2) Wife remarries; or (3) Wife enters into cohabitation with a person of the opposite sex, who is not a member of the Wife's immediate family within the degrees of consanguinity subsequent to the signing of this Agreement, and in all other respects shall be nonmodifiable. Husband and Wife acknowledge and agree that the provisions of this Agreement providing for the payment of alimony to her by her Husband and for no payment of alimony to Husband by Wife are fair, adequate, and satisfactory to them and are based upon their actual need, their ability to pay, the duration of the parties' marriage and other relevant factors which have been taken into consideration by the parties. Although the approval of this Agreement by a court of competent jurisdiction in connection with an action in divorce or annulment filed by Wife shall be deemed an order of the court and may be enforced as provided in 23 Pa.C.S.A. Section 3701, as amended, this Agreement, insofar as it pertains only to support for Wife or Husband and the payment of alimony following the entry of a final Decree in Divorce between the parties, may not be modified, suspended, terminated, or reinstated at the instance or request of the Wife or Husband, or subject to further order of any court upon changed circumstances of the Wife or Husband of a substantial or continuing nature, or for any reason claimed by Wife or Husband whatsoever. Upon that condition, Wife hereby accepts the provisions of this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that she may now or hereafter have against Husband for her support and maintenance of herself and for alimony. Husband and Wife further voluntarily and intelligently waive and relinquish any right to seek a modification, suspension, termination, reinstitution, or other court order with respect to the terms of this Agreement pertaining to the payment of support or alimony to Wife by Husband or the payment of support or alimony to Husband by Wife. The parties agree that the entire amount being paid to Wife pursuant to this paragraph is a separate maintenance periodic payment, included and intended to be included with the income of the Wife within the meaning and intent of Section 71 of the United States Internal Revenue Code of 1954 and deductible from the Husband's gross income pursuant to the provisions of Section 215 of the United States Internal Revenue Code of 1954. Wife agrees that all said payments shall be - 8 - included as income of the Wife in her applicable tax returns and that she shall pay such taxes as may be required by reason of such inclusion. 12. ALIMONY PENDENTE LITE COUNSEL FEES AND EXPENSES: Husband and Wife acknowledge and agree that the provisions of this Agreement providing for the equitable distribution of marital property of the parties are fair, adequate and satisfactory to them. Both parties agree to accept the provisions set forth in this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for alimony pendente lite, counsel fees or expenses or any other provision for their support and maintenance before, during and after the commencement of any proceedings for divorce or annulment between the parties. 13. INCOME TAX PRIOR RETURNS- The parties have heretofore filed joint federal and state tax returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 14. WAIVERS OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the will of the other, and right to act as administrator or executor of the other's estate. Each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. - 9 - 15. MUTUAL CONSENT DIVORCE- he arties and broken Tthatthey doanot desire marital counnseling,t and that the yboth consent to the entry of a decree in divorce pursuant to 23 Pa.C.S.A. Section 3301 (c). Accordingly, both parties agree to forthwith execute such consents, affidavits, or other documents and to direct their respective attorneys to forthwith file such consents, affidavits, or other documents as may be necessary to promptly proceed to obtain a divorce pursuant to said 23 Pa.C.S.A. Section 3301(c). Upon request, to the extent permitted by law and the applicable Rules of Civil Procedure, the named defendant in such divorce action shall execute any waivers of notice or other waivers necessary to expedite such divorce. It is the intention of the parties that the Agreement shall survive any action for divorce which may be instituted or prosecuted by either party and no order, judgment or decree of divorce, temporary, final or permanent, shall affect or modify the financial terms of this Agreement. This Agreement shall be incorporated in but shall not merge into any such judgment or decree of final divorce, but shall be incorporated for the purposes of enforcement only. 16. EFFECT OF RECONCILIATION OR COHABITATION: This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect reconciliation, cohabit as husband and wife or attempt to effect reconciliation. 17. BREACH AND ENFORCEMENT, If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her, and the party breaching this Agreement shall be responsible for payment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. 18. ADDITIONAL INSTRUMENTS, Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. - 10 - 19. TAX ADVICE: Both parties hereto hereby acknowledge and agree that they have had the opportunity to retain their own accountants, certified public accountants, tax advisor, or tax attorney with reference to the tax implications of this Agreement. Further, neither party has been given any tax advice whatsoever by their respective attorneys. Further both parties hereby acknowledge that they have been advised, by their respective attorneys, to seek their own independent tax advice by retaining an accountant, certified public accountant, tax attorney, or tax advisor with reference to the tax implications involved in this Agreement. Further, the parties acknowledge and agree that their signatures to this Agreement serve as their acknowledgment that they have read this particular paragraph and have had the opportunity to seek independent tax advice. 20. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with all information relating to the financial affairs of the other which has been requested by each of them or by their respective counsel. 21. 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. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by any court of competent jurisdiction pursuant to 23 Pa.C.S.A. Section 3501 et. sec. or any other laws. Husband and Wife each voluntarily and intelligently waive and relinquish any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to 11 - seek the relief of any court for the purpose of enforcing the provisions of this Agreement. 22. DISCLOSURE: The parties confirm that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. The parties acknowledge that there has been no formal discovery conducted in their pending divorce action and that neither party has filed an inventory and appraisement as required by Section 3505fb? of the Pennsylvania Divorce Code. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other party in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement is expressly reserved. In the event that either party, at any time hereafter, discovers such an undisclosed asset, the party shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of said asset. The non-disclosing party shall be responsible for payment of counsel fees, costs or expenses incurred by the other party in seeking equitable distribution of said asset. Notwithstanding the foregoing, the Agreement shall in all other respects remain in full force and effect. 23. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 24. PRIOR AGREEMENT: It is understood and agreed that any and all property settlement agreements which may or have been executed prior to the date and time of this Agreement are null and void and of no effect. - 12 - 25. DESCRIPTIVE HEADINGS: The descriptive They shall have no effect whatsoe whatsoever inl determining the r ri rights o or obligations of the parties. 26. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 27. AGREEMENT BINDING ON HEIRS: This Agreement the parties hereto and their respective al heirs, executors, administrators, and shall inure to the benefit of and assigns. IN WITNESS WHEREOF, the parties hereto have set their Hands and Seals the day and year first above written. 10- 43704.1 • AL-? ? (SEAL) Donne A. Bollinger N`^ 2!°u (SEAL) D. Timothy B nger - 13 - COMMONWEALTH OF PENNSYLVANIA ? COUNTY OF ( SS: again ) On this, the ?a? day ofN 2001, before me, a Notary Public, the undersigned officer, personally appearedDonne A. Bollinger, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Property Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notariml Seal Pauline Patti Thomas, Notary Public %1, Harrisburg, Dauphin County s Mar, ?A :'UUJ My Commission [MPiru r.h?,,,.: r. f'r. nnLr'.,. ,. _,Ji, .•. Ali Ul HUlauLz Notary Public COMMONWEALTH OF PENNSYLVANIA COUNTY OF ?AvolnlrJ SS: On this, the .Ly" day of , 2001, before me, a Notary Public, the undersigned officer, personally appeared D. Timothy Bollinger, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Property Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public NOTARIAL 6EAL EMILY LONG HOFFMAN, Ndyy PU* Hanlsburg, Dauphin camly My Commission Expiree Nov. 12, 2002 EXHIBIT "A" Descriotion of Marital Asset Total Value Pace Resource Federal Credit Union $ 2,609.86 Equity in 1995 Saturn $ 3,506.00 24 foot Catalina boat $ 6,200.00 Husband's Cash Surrender Value in Northwestern Mutual Life Insurance policy $12,859.09 Wife's Cash Surrender Value in Northwestern Mutual Life Insurance policy $ 2.665.20 $27,840.15 Distribution Husband's 45% = $12,528.07 Wife's 55% = $15,312.08 Less Husband's credit for credit card payment - 1,500.00 House proceeds explained below +1,432.60 $15,244.68 Recap Wife's CSV in NML policy $ 2,665.20 Cash payment to Wife $12.579.48 $15,244.68 Proceeds from sale of the marital residence were $78,652. At settlement, Husband received an equal share of proceeds less $2,500 or $36,826. Wife received an equal share of proceeds plus $2,500 or $41,826. Therefore, with the agreed to 55%-45% division of marital assets, Wife should have received $43,258 and is therefore entitled to an additional $1,432.60. Retirement benefits: Husband's 401(k) and Wife's PEERS pensions shall be distributed 55% to Wife and 45% to Husband with Wife's PSERS pension remaining totally in tact. Far example! Assume hypothetically that husband's pension Is worth $100,000 and wife's pension Is worth $50,000. The total marital pensions equal $150,000. if wife is to receive 55% of that value, her share would be $82,500. To reach this amount, she would retain her pension valued at $50,000 and $32,500 from husband's pension. In determining the marital portion of Husband's 401 W, Harry Leister shall deduct the date of separation value of the existing loan which on that date was $13,057.63. In the event the date of separation value of either party's pension/retirement is higher than the current value, due to market fluctuations, then the lower value shall be used. After establishing the marital values, the pension and retirement benefits discussed herein shall be divided fifty-five (55%) percent to Wife and forty-five (45%) percent to Husband. Rite Aid Corporation stock (estimated at 148 shares) to be divided between the parties 55% to Wife and 45% to Husband. Qi c%, (- Loj C 7 i l l [•.`. . ??I I t1 L, L ?? V IN THE COURT OF COM?ION PLEAS OF CMIBERLAND COMM, PENNSYLVANIA NO, 1999-5368CIVIL 19 DORINE A. BOLLINGER VS. D. TIMOTHY BOLLINGER PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 3301(c) 1. Ground for divorce: irretrievable breakdown under Sectionxi"jE W *EQTMXTZW of the Divorce Code. (Strike out inapplicable section.) 2. Date and manner of service of the complaint: certified mail, September 14, 1999 3. (Complete either paragraph (a) or (b) .) (a) Date of execution of the affidavit of consent required by Section 3301(c) December 19, 2001 X?Pk Er? of the Divorce Code: by the plaintiff by defendant December 20, 2001 (b) (1) Date of execution of the plaintiff's affidavit required by Section 201(d) of the Divorce Code: (2) date of service of the plaintiff's affidavit upon the defendant: 4. Related claims pending: None. Attorney for (Plaintiff) ( Dz97id®=: a: "1 J _uw LJ Ln(l.. O U 1? r.; 1 ?. N ?! n_ L. r)LL Cl °) U i? l t v M u 'V W w v 3 wox?? C5 L f7 ° z DORINE A. BOLLINGER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. S ! D. TIMOTHY BOLLINGER, CIVIL ACTION - LAW Defendant 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, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, 1 Courthouse Square, Carlisle, Pennsylvania 17013. 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. The Cumberland County Lawyer Referral Service Cumberland County ?e-4 se bacr 6-6 ?? ct-a o4 m Telephone No. (717) ?-3?Fb?6Paro TUCKER ARENS RG & SWARTZ Dated: 'I By: Sandra L. Me Alton Attorney I.D. #32551 111 North Front Street P. 0. Box 889 Harrisburg, PA 17108-0889 (717) 234-4121 ATTORNEYS FOR PLAINTIFF DORINE A. BOLLINGER, Plaintiff V. D. TIMOTHY BOLLINGER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW IN DIVORCE COMPLAINT UNDER SECTION 3301(a ) OF THE DIVORCE CODE COUNT I: 1. Plaintiff is Dorine A. Bollinger, an adult individual who is sui juris and resides at 2612 Logan Street, Camp Hill, Cumberland County Pennsylvania 17011. 2. Defendant is D. Timothy Bollinger, an adult individual who is sui juris and resides at 848 Long Lane, Gettysburg, Adams County, Pennsylvania 17325. The present whereabouts of the Defendant, D. Timothy Bollinger, to the knowledge of the Plaintiff, is the same. 3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on June 18, 1977, in Camp Hill, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. 7. The Defendant is not a member of the Armed Services of the United States or any of its Allies. 8. The Plaintiff avers that the grounds on which the action is based is that Defendant has offered such indignities to the person of the Plaintiff, the innocent and injured spouse, as to render Plaintiff's condition intolerable and life burdensome, and that this action is not collusive. COUNT II: CLAIM FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER THE DIVORCE CODE 9. Plaintiff and Defendant are the joint owners as tenants by the entireties of the following real estate which is subject to equitable distribution by this court: 2612 Logan Street Camp Hill, PA 17011 10. Plaintiff and Defendant are the owners of various items of personal property, furniture and household furnishings acquired during their marriage which are subject to equitable distribution by this court. 11. Plaintiff and Defendant are the owners of various motor vehicles, bank accounts, investments, insurance policies and retirement benefits acquired during their marriage which are subject to equitable distribution by this court. COUNT III: CLAIM FOR ALIMONY UNDER THE DIVORCE CODE 12. The Plaintiff has no adequate means of support for herself except as provided for by Defendant. 13. Plaintiff is employed as a secretary at Camp Hill School District in Camp Hill, Pennsylvania, and earned $19,627.70 in 1998. Defendant is employed as a civil engineer at Buchart Horn, in York, Pennsylvania, and earned $71,862.93 in 1998. COUNT IV: CLAIM FOR ALIMONY PENDENTE LITE, COUNSEL FEES AND EXPENSES UNDER THE DIVORCE CODE 19. Plaintiff does not have sufficient funds to support herself and pay counsel fees and expenses incidental to this action. 15. Defendant is full well and able to pay Plaintiff Alimony, Alimony Pendente Lite, counsel fees and expenses incidental to this divorce action. WHEREFORE, Plaintiff requests the Court to enter a Decree: a. Dissolving the marriage between Plaintiff and Defendant; b. Equitably distributing all property owned by the parties hereto; C. Directing the Defendant to pay Alimony to the Plaintiff; d. Directing the Defendant to pay Alimony Pendente Lite and Plaintiff's counsel fees and the costs of this proceeding; and e. For such further relief as the Court may determine equitable and just. TUCKER ARENSBERG 6 3WARTZ Sandra L, eilt , Esquire 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 (717) 239-9121 ATTORNEYS FOR PLAINTIFF 20596.1 I, the undersigned, Dorine Bollinger, acknowledge that the facts stated in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Dorine Bollinger Dated: 8 - Q ? ?1 EMILY LONG HOFFMAN ATTORNEY AT LAW ?. 105 NOVIt"ON;STREET HARRISBURG. PENNSYLVANIA 17108-1475 17171 213-1112 D. TIMOTHY BOLLINGER, Plaintiff v DORINE A. BOLLINGER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. No. 99-5368 :CIVIL ACTION-LAW :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, Pennsylvania 17013 (717) 240-6200 Le han demandado a usted en Ia corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siquientes, usted tiene veinte (20) dias de plazo al partir de lag fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abagado y archival en la corte en forma excrita sus defensas o sus objecciones a las demandas en contra de su persona. Sea avisado que si ustted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABAGADO INMEDIATAIVIENTE. SI NO TIENE ABAGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCURENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 240-6200 D. TIMOTHY BOLLINGER, :IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :No. 99-5368 DORINE A. BOLLINGER, :CIVIL ACTION-LAW Defendant :DIVORCE FIRST AMENDED DIVORCE COMPLAINT I . Plaintiff is D. Timothy Bollinger who has resided at 848 Long Lane, Gettysburg, Pennsylvania, Adams County, Pennsylvania 17325 since December 1998. 2. Defendant is Dorine A. Bollinger who has resided at 2612 Logan Street, Camp Hill, Cumberland County, Pennsylvania 17011 for fifteen years. 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 June 18, 1977. 5. There have been no prior actions of divorce or 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 he 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. The Plaintiff avers that the marriage is irretrievably broken. 10. The parties have been separated since 1998, thus, they have been separated for more than two years. WHEREFORE, Plaintiff requests this Honorable Court enter a decree of divorce. Respectfully submitted, By. EMILY LON OFFMAN, ESQUIRE Sup. Ct. I.D. # 66307 105 North Front Street P.O. Box 11475 Harrisburg, PA 17108-1475 (717) 233-1112 Date: 5/24/2001 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the attached document was served on the person below on this day by mailing a copy by U.S. First Class mail addressed as follows: Sandra L. Melton, Esquire Tucker, Arensberg & Swartz P.O. Box 889 Harrisburg, PA 17108-0889 Respectfully submitted, By: 1 -, K--A Emily LonHoffman, Esquire Sup. Ct. ID # 66307 105 North Front Street P.O. Box 11475 Harrisburg, PA 17108 (717)233-1112 Date: 5/29/2001 1.1 i 1 __ J Zip TUCKER ARENSBERG & SWARTZ • I I I NORTI I FRONT STREET P.O. BOX 889 HARRISBURG, PENNSYLVANIA 17108,08Y.9 .?o 17171'-344121 DORINE A. BOLLINGER, Plaintiff V. D. TIMOTHY BOLLINGER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. I 1g 1 / - 5 3/t0 (6 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF DAUPHIN ) AND NOW, this ?q14 day of September , 1999, personally appeared before me, a Notary Public in and for the aforesaid Commonwealth and County, Shaun M. Kovach, legal secretary to Sandra L. Meilton, who being duly sworn according to law, deposes and says that on September 7, 1999, she mailed a certified copy of a Complaint in Divorce, by certified mail no. Z 398 269 550, restricted delivery, return receipt requested, to D. Timothy Bollinger, 848 Long Lane, Gettysburg, PA 17325, and the same was received by him on September 14, 1999 as indicated by the return receipt card which is attached hereto. ?..CSA.fl1?M ? •?`-0u? Shaun M. Kovach Sworn to and subscribed before me this M day of September , 1999. Notary Public i Notarial Seat i Jacquelyn A. Zettlemoyer, Notary Public (SEAL) Harrisburg, Dauphin County My Commission Expires Mar. 24, 2003 Member, Pennsylvania Association of Notaries Z 3-98 269 550 us Postal service Receipt for Certified Mail No Insurance Coverage Provided. Peat grace, state. a nrc:age A 113.. UY J Poetege s 'S Canned Fea ?-( special DdNay Fee RMtricted Delivery Fee a. RaWm Receipt Shang to YYriotn a Dale Dall"red IYlan pkeosowm ww om, D1ra,8Addeaee's /ddns p Q TOTAL Postage 6 F. S, 1 ? 191 -ia, 0, SENDER: I also wish to receive the s Compble Items t endtor x lot additional snwcee. .Owing Services (for an e Canplele Items 3,4a. and 4b. • print r name and address on the reverse of this Imm so that wa can mturn this o v ex ira fee ' ,wre t Attach b form to the front of the meilpieoe, et on the beck If space does not s Address 1. ? Addressee a ppeetmn • ZZRerum Recelpf Requesred'on the maupiece below the article number. 2.19 Restricted Delivery • The Return Receipt will show to whom the article was delivered and the date Consult postmaster for fee. delivered. 3. Article Atldressetl to: ba. Article N umber Z 398 269 550 MR D T31'M Y BOIdSNGER 4b. Service Type 848 IDNIGG IRE ? Registered X3 Certified GLTNSBURG PA 17325 ? Express Mail ? insured Return Receipt for Merc andise ? COD 3 7. Date of Deliv / Y x Received T (Print Name) 5 s. Addressee's re s (Only if regt»afed . and lee is paid) (Adddresse rAgent) s. Signature: ? X, 1 z Ps Form 3811, December 94 102555-98 a-on Domestic Return Receipt J1, cl. tl' IQ U.rc i ril ?: rJ ? - lll?? j .: 'I I. L a U' J DORINE A. BOLLINGER, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99 - 5368 CIVIL D. TIMOTHY BOLLINGER, 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 September 1, 1999. 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. 1 consent to the entry of a final Decree in Divorce. 4. 1 understand that I may lose rights concerning alimony, division of property, lawyers fees or expenses if I do not claim them before a divorce is granted. 5. 1 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: /?- l f D l Q'bk h ?. ?- Dorine A.Bollinger, Plaintiff, S.S. No. 164 - LE - J d l5 . L LLi it N i ii+ L iJW u_ 7 Q c7 U DORINE A. BOLLINGER, Plaintiff V. D. TIMOTHY BOLLINGER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99 - 5368 CIVIL CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. 1 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. 1 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. Section 4904 relating to unsworn falsification to authorities. Date: Dorine A. Bollinger, Plaintiff q C) LL1 O t3 r= O a tif :j o U DORINE A. BOLLINGER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99 - 5368 CIVIL D. TIMOTHY BOLLINGER, CIVIL ACTION - LAW Defendant IN DIVORCE 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 1, 1999. 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. 1 consent to the entry of a final Decree in Divorce. 4. 1 understand that I may lose rights concerning alimony, division of property, lawyers fees or expenses if I do not claim them before a divorce is granted. 5. 1 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: itto I•. ;D• 1 Mn t+a? D. Timothy Bollin r, Defends t S.S. No. t?&-44- 86611 .7. I1JQ ? CD r n U i1 W W .20- C:; j u_ :7 O o U DORINE A. BOLLINGER, Plaintiff V. D. TIMOTHY BOLLINGER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99 - 5368 CIVIL CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. 1 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. 1 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. Section 4904 relating to unsworn falsification to authorities. Date: 12 IZ?/o t a ?vw et?n n t?'Ju?,Qe qt?t, 43568.1 D. Timothy Bollin r, Defendant C z .ti ?? U? ? J? I'-' c l ?J `7 iD :..: U uW LL ?.J L'(J LL G: T L _ C? b ) V 3Q„ t,,F J :k ?pM ,y D. TIMOTHY BOLLINGER VS. DORINE A. BOLLINGER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW NO.99-5368 CIVIL 19 IN DIVORCE Defendant STATUS SHEET DATE: r ACTIVITIES: e-1 I ))1 14 WI ln5 1,d iu 1 q,n -- - -? -?- A-T c)u) `l wc, l ? ? r. Avn?:-2l,?. ?...(?-?.?i?f ?a?r-?" aatllG.? ? , . „c r ??„?r , , :f • I- (?-? f -LAO( ? sf `r "i-? ?? lj!•cr , . .n.r?2.c.1. Cpit,il et 'c`u , D. TIMOTHY BOLLINGER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Vs. NO. 99 - 5368 CIVIL DORINE A. BOLLINGER, Defendant IN DIVORCE TO: Emily Long Hoffman Attorney for Plaintiff Sandra L. Meilton Attorney for Defendant DATE: Wednesday, April 11, 2001 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. r' (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. DATE COUNSEL FOR PLAINTIFF ( ) COUNSEL FOR DEFENDANT ( ) NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. DORINE A. BOLLINGER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 99 - 5368 CIVIL D. TIMOTHY BOLLINGER, Defendant IN DIVORCE CONFERENCE WITH COLMSEL AND PARTIES TO: Sandra L. Meilton Counsel for Plaintiff Dorine A. Bollinger Plaintiff Emily Long Hoffman Counsel for Defendant D. Timothy Bollinger Defendant A conference has been scheduled at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 26th day of September, 2001, at 1:30 p.m., with counsel and the parties to discuss the outstanding economic issues to determine if there is a basis of settlement of claims. If issues remain after the conference, a hearing will be scheduled at another date. Very truly yours, Date of Notice: 9/7/01 E. Robert Elicker, II Divorce Master D. TIMOTHY BOLLINGER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 99 - 5368 CIVIL DORINE A. BOLLINGER, Defendant IN DIVORCE NOTICE OF PRE-HEARING CONFERENCE TO: Emily Long Hoffman Sandra L. Meilton Attorney for Plaintiff Attorney for Defendant A pre-hearing conference has been scheduled at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 7th of September, 2001, at 9:30 a.m., at which time we will review the pre-trial statements previously filed by counsel, define issues, identify witnesses, explore the possibility of settlement and, if necessary, schedule a hearing. Very truly yours, Date of Notice: 6/25/01 E. Robert Elicker, II Divorce Master r" 4,h OFFICE OF DIVORCE MASTER CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 North Hanover Street Carlisle, PA 17013 (717) 240-6535 E. Robert Elicker, 11 Divorce Master West Shore 697.0371 Ext. 6535 Traci Jo Colyer Oltice Manager/Reporter May 30, 2001 Emily Long Hoffman Attorney at Law 105 North Front Street P.O. Box 11475 Harrisburg, PA 17108-1475 Sandra L. Mcilton Attorney at Law TUCKER, ARENSBERG & S WARTZ I I 1 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 RE: D. Timothy Bollinger vs. Dorine A. Bollinger No. 99 - 5368 Civil In Divorce Dear Ms. Long and Ms. Meilton: Counsel have indicated by filing the certification documents regarding discovery that discovery is complete. Consequently, I am going to go forward with a directive for the filing of a pretrial statement. A divorce complaint was filed on September 1, 1999, raising grounds for divorce of indignities. I spoke to both counsel regarding the grounds for divorce of irretrievable breakdown, I am waiting to have a pleading filed raising that ground. Otherwise, if grounds for divorce of irretrievable breakdown of the marriage are not filed within two weeks, I intend to schedule a hearing immediately on indignities so that we can resolve the grounds for divorce issue promptly. The complaint also raised economic claims of equitable distribution, alimony, alimony pendente lite, and counsel fees and expenses. In accordance with P.R.C.P. 1920.33(b) I am directing each counsel to file a pretrial statement on or before Monday, June 18, 2001. Upon receipt of the pretrial statements, I will immediately schedule a pre-hearing conference with counsel to discuss IN Ms. Long and Ms. Meilton, Attomeys at Law 30 May 2001 P 2 the issues and, if necessary, schedule a hearing. Very truly yours, E. Robert Elicker, If Divorce Master NOTE: Sanctions for failure to file the pretrial statements are set forth in subdivision (c) and (d) of Rule 1920.33. THE ORIGINAL PRETRIAL STATEMENT SHOULD BE FILED IN THE MASTER'S OFFICE AND A COPY SENT DIRECTLY TO OPPOSING COUNSEL. FAILURE TO FILE PRETRIAL STATEMENTS AS DIRECTED BY THE MASTER MAY RESULT IN THE MASTER'S APPOINTMENT BEING VACATED, EMILY LONG HOFFMAN ATTORNEY A- LAW 105 NORTH FRONT STREET P O. BOX 11475 HARRISBURG. PA 17108.1475 255 MARKET STREET MILLERSBURG. PA 17061 (717) 692-424.1 June 15, 2001 Robert Elicker, Esquire 13 North Hanover Street Carlisle, Pa 17013 Re: Bollinger v. Bollinger Dear Attorney Elicker: (717) 233-1112 FAX(717) 234.2234 e m.d: Boffmanepepix.nel Enclosed please find our Pre-trial Statement for the above-matter. Thank you for your consideration. Sincerely yours, ("I 4__Qonj? man Enclosure cc: Sandra Wilton, Esquire Timothy Bollinger TUCKER ARENSBERG & SWARTZ I I I NORI'II FRONT S'1'RIA:1- RO. BOX S89 MAY A l 2001 IL\RRIS81'R0. 1'I'N,N:SYLVANIA 171(MOMv `n'?'? - (717) 234-4121 DORINE A. BOLLINGER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 99-5368 D. TIMOTHY BOLLINGER, CIVIL ACTION -LAW Defendant IN DIVORCE a.. 7 r. 2001, a Rule is issued on AND NOW, this day of the Defendant to show cause why the relief sought within the Petition should not be granted. This Rule IS RETURNABLE hers"" ?? 01 Glol, 4U _60- BY THE COURT: ?S I IJ '- r ?. -If - DORINE A. BOLLINGER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99-5368 D. TIMOTHY BOLLINGER, CIVIL ACTION -LAW Defendant : IN DIVORCE AND NOW comes Plaintiff, Dorine Bollinger, by and through her attorneys, Sandra L. Meilton, Esq., TUCKER ARENSBERG & SWARTZ, and hereby avers the following in support of her Petition: 1. Plaintiff, Dorine Bollinger, currently resides at 2612 Logan Street, Camp Hill, Cumberland County, Pennsylvania. 2. Defendant, Timothy Bollinger, currently resides at 19 S. 24'h Street, Camp Hill, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant were married on June 18, 1977 and have since separated. 4. The parties are the natural parents of three children, one of which is a minor and resides with Plaintiff. The other two children are in college and live with Plaintiff during the school breaks and summers. 5. A divorce complaint has been filed, the action has been listed with a Master and the parties have each filed Inventory and Appraisements and Income and Expense Statements. 6. The parties are the owners of the marital residence in which the Plaintiff is currently residing and has resided since the parties' separation. 7. Through counsel, the parties have engaged in settlement negotiations to reach an agreement with regard to the distribution of the marital assets and liabilities. 8. Throughout these negotiations, Defendant has consistently taken the position that he does not wish to resume responsibility of the marital residence and further does not wish to retain ownership of the property. Plaintiff has been residing in the marital residence since the parties' separation, has assumed sole responsibility for the residence and has always maintained the position that she desired to keep the marital residence. Defendant has been in agreement with Plaintiff keeping the residence. 9. Plaintiff has found that it is too difficult for her to maintain the residence and has listed the property for sale. Plaintiff listed the house for sale with the intention that she would purchase a new residence. 10. Defendant and Plaintiff have signed a sales agreement with Plaintiff to list the property for sale. 11. A buyer has been secured for the purchase of the marital residence. 12. In reliance on the sale of the residence, Plaintiff entered into a contract for the purchase of a townhouse and settlement is scheduled to occur on the townhouse on June 29, 2001. 13. Plaintiff does not have funds available to purchase the townhouse and secure a mortgage without the proceeds from the sale of the marital residence because Plaintiff only earns a net annual income of approximately $21,000. 14. Plaintiff is able to lease the townhouse for only one month and then must complete the purchase of the townhouse. A 15. Defendant has refused to release all of the sale proceeds to Plaintiff and to sign an Addendum to the sales agreement setting forth his release of the proceeds. 16. Although the Master's process has been initiated, the process will not be completed prior to settlement on Plaintiffs townhouse on June 29, 2001. 17. Plaintiff intends to use the sale proceeds for the purchase of the townhouse. 18. Defendant has a 401(k) with PACE Resources that has a minimum balance in excess of $160,000, which is of a significant amount to adequately secure his share of equitable distribution. WHEREFORE, Plaintiff respectfully requests that the Court direct that Defendant cooperate in all respects to finalize the sale of the marital residence and further that the proceeds from the sale of the marital residence be distributed to Plaintiff. Respectfully submitted, TUCKER ARENSBERG & SWARTZ By: Sandra L. Meilton I.D. No. 32551 111 North Front Street P.O. Box 889 Harrisburg, PA 17108 39555.1 ATTORNEYS FOR PLAINTIFF VERIFICATION I, the undersigned, Dorine Bollinger, do hereby certify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements made to this verification are subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. Date: '5 d 5 ) O ? ?m? . \ ? • ? ? Dorine Bollinger, Plaintiff AND NOW, this ag-N, day of _ )2n L)J4 , 2001, I, Shaun M, Kovach, Secretary to Sandra L. Meilton, Esquire, for the firm ofTucker Arensberg & Swartz, hereby certify that I have this day served a copy of the within document, by mailing same by first class mail, postage prepaid, addressed as follows: Emily Long Hoffman, Esquire P.O. Box 11475 Harrisburg, PA 17108-1475 Jkc m . Shaun M. Kovach -1 I I TUCKER ARENSBERG & SWARTZ I I I NOR'HI FRONT SI'RIT.I- 1lO llox 839 IL\RI213BPRt i. I'6NNS1'I\',\P'I,\ 11111%?utl3n + 1717) ?34-412_1 DORINE A. BOLLINGER, Plaintiff V. D. TIMOTHY BOLLINGER, Defendant PROTHONOTARY: CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-5368 CIVIL ACTION -LAW IN DIVORCE PRAECIPE Plaintiff hereby withdraws the Petition For Immediate Relief filed in the above matter. 4A 0?1 ?/N ? Sandra L. Meilton, Esquire Attorney I.D. #32551 TUCKER ARENSBERG & SWARTZ 111 N. Front Street, P.O. Box 889 Harrisburg, PA 17108 Dated: 1 I3 I' D ATTORNEYS FOR PLAINTIFF a I AND NOW, this ,)_-day of 2000, I, Gloria M. Rine, Legal Assistant to Sandra L. Meilton, Esquire, for the firm of Tb6ker Arensberg & Swartz, hereby certify that I have this day served a copy of the within document, by first class mail, addressed as follows: Emily Long Hoffman, Esquire P.O. Box 11475 Harrisburg, PA 17108-1475 Honorable J. Wesley Oler Cumberland County Court House One Courthouse Square Carlisle, PA 17013 Gloria M. Rine 28683.1 r to 1 2 - aZ .- c? U TUCKER ARENSBERG & SWARTZ CLLEBRAI'ING A CLN IUR1 UI SI RVI(I. Sandra L. Meilton April 19, 2001 Robert E. Elicker II, Esquire 9 North Hanover Street Carlisle, PA 17013 RE: Bollinger Dear Mr. Elicker: Enclosed please find Dorine A. Bollinger's certification that discovery is complete in the above referenced matter. Thank you for your assistance. Sincerely, TUCKERpARENSBERG & SWARTZ Sandra L. Meilton SLM/smk Enclosure cc: Mrs. Dorine Bollinger I I1 NORTH FRONT STREET PO BOX 889 HARRISBURG. PA 17108.0889 717234-4121 800.2574121 FAX 717.232.6802 P111 11,11Wn • PIMIhWgIi Aupo,1 Area Lavusiown F.-m,ul 1:1$)CwUCkw1arv com www.tuckerlaw.com HOFFMAN LONG LLP ATTORNEYS AT LAW 105 NORTH FRONT STREET P. O. BOX 11475 FIARRISSNRG, PENNSYLVANIA 17108-1475 1717) 233-1112 FAX (717) 234-2234 EMILY LONG HOFFMAN RICHARD W. LONG' •.EO YEMEER or "..'.A BAR May 26, 2001 Robert Elicker, Esquire 13 North Hanover Street Carlisle, Pa 17013 Dear Attorney Elicker: Enclosed please find our certification. Sincerely yours, Emi y on? 253 MARKCT STREET MILLERSBURG, PA 17061 (717) 692.4244 Enclosure cc: Sandra Meilton, Esquire D. TIMOTHY BOLLINGER, Plaintiff VS. DORINE A. BOLLINGER Defendant TO: Emily Long Hoffman Sandra L. Meilton IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99 - 5368 CIVIL IN DIVORCE Attorney for Plaintiff Attorney for Defendant DATE: Wednesday, April 11, 2001 CERTIFICATION I certify that discovery is complete as to the claims for which the master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. r1l DATE COUNSEL FOR PLAINTIFF ( ) COUNSEL FOR DEFENDANT ( ) NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. 1 D. TIMOTHY BOLLINGER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 99 - 5368 CIVIL DORINE A. BOLLINGER, Defendant IN DIVORCE TO: Emily Long Hoffman Attorney for Plaintiff Sandra L. Meilton Attorney for Defendant DATE: Wednesday, April 11, 2001 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. 7 DATE COUNSEL FOR PLAINTIFF ( ) COUNSEL FOR DEFENDANT (?S NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. 71 EMILY LONG HOFFMAN ATTORNEY AT LAW • 106 NORTH FRONT STREET ? - HARRISBURG. PENNSYLS.,ANIA 17108-147,1 17171 751-1112 D, TIMOTHY BOLLINGER, Plaintiff V. DORINE A. BOLLINGER, Defendant AN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA :No. 99.5368 :CIVIL ACTION-LAW :DIVORCE AND NOW, this S_ ` Day of , 2001, Esquire, is appointed master with respect to the following claims: Equitable Distribution, Alimony, Alimony Pendente Lite, Counsel Fees and Costs and Expenses. BY THE COURT: 5 n 1 -D O?.v? p I ?? 5 a ' . .. ? , ;.. D. TIMOTHY BOLLINGER, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :No. 99-5560 DORINE A. BOLLINGER, :CIVIL ACTION-LAW Defendant :DIVORCE MOTION FOR APPOINTMENT OF MASTER D. TIMOTHY BOLLINGER (X)Plaintiff () Defendant, moves the court to appoint a master with respect to the following claims: (X) Divorce (X) Distribution of Property () Annulment () Support (X) Alimony (X) Counsel Fees (X) Alimony Pendente Lite (X) Costs and Expenses and in support of the motion states: 1. Discovery is complete as to the claim(s) for which the appointment of a master is requested. 2. The defendant (X ) has () has not appeared in the action () personally (X ) by attorney, SANDRA MEILTON , Esquire. 3. The statutory grounds(s) for divorce (is) 3301(d) 4. Check the applicable paragraph(s) by check mark: () The action is not contested. () An agreement has been reached with respect to the following claims: (X) The action is contested with respect to the following claims: Equitable Distribution, Alimony, Alimony Pendent Lite, Counsel Fees, Costs and Expenses 5. The action () involves (X) does not involve complex issues of law or fact. 6. The hearing is expected to take 6 (hours) (days). 7. Additional information, if any, relevant to the motion: (2, W- ?1 X'f ('4jn' Date: j asl ko t r - E ily Lon ffman, Attorney for Plaintiff CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the attached document was served on the person below by U.S. Mail on this day: Sandra L. Meilton, Esquire Tucker, Arensberg & Swartz P.O. Box 889 Harrisburg, PA 17108-0889 Respectfully submitted, By: `l'oll ?? ?? Emily Long Hoffman, Esquire Sup. Ct. ID # 66307 105 North Front Street P.O. Box 11475 Harrisburg, PA 17108 (717)233-1112 Date: 3/29/01 (r C) ?_ __ F- ? ? ? .. L 'i _i t EMILY LONG HOFFMAN ATTORNEY AT LAW _ 103 NORM FRONT STREET HARRISBURG. PENNSYLVANIA 1710 6-4 75 17171113-1112 .c DORINE A. BOLLINGER, Plaintiff' V. D. TIMOTHY BOLLINGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 99-538 CIVIL ACTION - LAW IN DIVORCE ORDER AND NOW, this day of , 2001, it is hereby ORDERED and DECREED that Plaintifrs Petition for Special Relief is denied. J. DORINE A. BOLLINGER, Plaintiff V. D. TIMOTHY BOLLINGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-538 CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S RESPONSE TO PLAINTIFF'S PETITION FOR SPECIAL RELIEF AND NOW comes Defendant, D. Timothy Bollinger, by and through his attorney, Emily Long Hoffman, Esquire, and hereby avers the following in support of his Response to Plaintiff's Petition for Special Relief 1. Admitted. 2. Admitted. 3. Admitted. 4. Denied. It is denied that the other two children are in college. By way of further explanation, Stephanie, the oldest child, has graduated from college and moved to Florida. Julie is home from college for the summer and, at this time, it is undecided where she will go to school in the fall. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted in part, denied in part. It is specifically denied that throughout these negotiations, Defendant has consistently taken the position that he does not wish to resume responsibility of the marital residence. By way of further explanation, Defendant has maintained responsibility for the marital home since separation and he has consistently paid for the first and second mortgages and other additional expenses for the home in an amount equal to $41,922.09 since separating (these figures are in addition to the monies he has expended for his Wife's life insurance, her taxes, his daughters' housing expenses while at school, child support and other items paid). It is further denied that Plaintiff has assumed sole responsibility for the residence and has always maintained the position that she desired to keep the marital residence. It is further denied that Defendant has been in agreement with Plaintiff keeping the residence. Defendant requires a residence as well. 9. This is an averment to which no response is required as Defendant has no knowledge of Plaintiff's state of mind or intention and, as such, this response is deemed denied. 10. Admitted. 11. Admitted. 12. This is an averment to which no response is required as Defendant has no knowledge of Plaintiffs state of mind or intention and as such, this response is deemed denied. 13. This is an averment to which no response is required as Defendant has no knowledge of Plaintiffs available funds and, as such, this response is deemed denied. Nonetheless, even if i Plaintiff were released all the funds, it is believed that Plaintiff would not have funds available to purchase the townhouse because the cost of the townhouse is $160,000 with an $85 per month maintenance fee. Furthermore, if this Court were to release one half of the proceeds to Wife and one half to the Husband (as previously suggested by Husband) the difference in the mortgage payment is only approximately $269.00 per month. If plaintiffs income is not sufficient to support the townhouse then she should not have entered into the contract. 14. This is an averment to which no response is required as Defendant has no knowledge of the terms of Plaintifrs agreement and, as such, this response is deemed denied. We have not been informed of the terms of Plaintiffs Agreement but we suspect that the contract provides that she may terminate the contract in the event she is unable to obtain financing. 15. Admitted. By way of further explanation, Defendant desires to utilize the proceeds to purchase his own home. 16. Admitted. 17. This is an averment to which no response is required as Defendant has no knowledge of Plaintiffs state of mind or intention and, as such, this response is deemed denied. 18. Denied. It is specifically denied that Defendant has a 401(k) with PACE Resources that has a minimum balance in excess of $160,000. By way of further explanation, Defendant has a 401 (k) which has a current value of $132,000. If Defendant would withdraw the funds in his 401 (k) he would incur capital gains taxes and a penalty for early withdrawal. WHEREFORE, Defendant respectfully requests that this Honorable Court deny Plaintiff's Petition for Special Relief. Respectfully submitted, LONG HOFFMAN, LIIL,,P By Emily Long Hoffman I.D. No. 66307 105 N. Front Street P. 0. Box 11475 Harrisburg PA 17108 ATTORNEYS FOR DEFENDANT Date: 6/22/2001 CERTIFICATE OF SERVICE 1 hereby certify that a true and correct copy of the attached document was served on the person below on this day by hand delivery to the person listed below: Sandra L. Meilton, Esquire Tucker, Arensberg & Swartz P.O. Box 889 Harrisburg, PA 17108-0889 Respectfully submitted, By: _ FA-L 'L , Emily Long o an, Esquire Sup. Ct. ID # 66307 105 North Front Street P.O. Box 11475 Harrisburg, PA 17108 (717)233-1112 Date: 6/25/2001 Ol l ?_. .t. ? ?.,, ? r? M1LY LONG HOFFMAN ATTORNEY AT LAW - 105 NORTII FRONT STREET HARRISBURG, PENNSYLVANIA 17108-1475 (717) 235.1112 DORINE A. BOLLINGER, Plaintiff V. D. TIMOTHY BOLLINGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-538 CIVIL ACTION - LAW IN DIVORCE ORDER AND NOW, this day of 2001, it is hereby ORDERED and DECREED that Plaintiffs Petition for Special Relief is denied. J. DORJNE A. BOLLINGER, Plaintiff V. D. TIMOTHY BOLLINGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-538 CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S RESPONSE TO PLAINTIFF'S r' PETITION FOR SPECIAL RELIEF ?i f 1 AND NOW comes Defendant, D. Timothy Bollinger, by and through his aitorney, _) mily Long Hoffman, Esquire, and hereby avers the following in support of his Response to Plaihtin,2 Petition for Special Relief: 1. Admitted. 2. Admitted. 3. Admitted. 4. Denied. It is denied that the other two children are in college. By way of further explanation, Stephanie, the oldest child, has graduated from college and moved to Florida. Julie is home from college for the summer and, at this time, it is undecided where she will go to school in the fall. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted in part, denied in part. It is specifically denied that throughout these negotiations, Defendant has consistently taken the position that he does not wish to resume responsibility of the marital residence. By way of further explanation, Defendant has maintained responsibility for the marital home since separation and he has consistently paid for the first and second mortgages and other additional expenses for the home in an amount equal to $41,922.09 since separating (these figures are in addition to the monies he has expended for his Wife's life insurance, her taxes, his daughters' housing expenses while at school, child support and other items paid). It is further denied that Plaintiff has assumed sole responsibility for the residence and has always maintained the position that she desired to keep the marital residence. It is further denied that Defendant has been in agreement with Plaintiff keeping the residence. Defendant requires a residence as well. 9. This is an averment to which no response is required as Defendant has no knowledge of Plaintiff s state of mind or intention and, as such, this response is deemed denied. 10. Admitted. 11. Admitted. 12. This is an averment to which no response is required as Defendant has no knowledge of Plaintiffs state of mind or intention and as such, this response is deemed denied. 13. This is an averment to which no response is required as Defendant has no knowledge of Plaintiffs available funds and, as such, this response is deemed denied. Nonetheless, even if Plaintiff were released all the fimds, it is believed that Plaintiff would not have funds available to purchase the townhouse because the cost of the townhouse is $160,000 with an $85 per month maintenance fee. Furthermore, if this Court were to release one half of the proceeds to Wife and one half to the Husband (as previously suggested by Husband) the difference in the mortgage payment is only approximately $269.00 per month. If plaintiffs income is not sufficient to support the townhouse then site should not have entered into the contract. 14. This is an averment to which no response is required as Defendant has no knowledge of the terms of Plaintiffs agreement and, as such, this response is deemed denied. We have not been informed of the terms of Plaintiff's Agreement but we suspect that the contract provides that she may terminate the contract in the event she is unable to obtain financing. 15. Admitted. By way of further explanation, Defendant desires to utilize the proceeds to purchase his own home. 16. Admitted. 17. This is an averment to which no response is required as Defendant has no knowledge of Plaintiff's state of mind or intention and, as such, this response is deemed denied. 18. Denied. It is specifically denied that Defendant has a 401(k) with PACE Resources that has a minimum balance in excess of $160,000. By way of further explanation, Defendant has a 401 (k) which has a current value of $132,000. If Defendant would withdraw the funds in his 401 (k) he would incur capital gains taxes and a penalty for early withdrawal. WHEREFORE, Defendant respectfully requests that this Honorable Court deny Plaintiffs Petition for Special Relief. Respectfully submitted, LONG HOFFMAN, LLP By Emily Long Hoffman I.D. No. 66307 105 N. Front Street P. 0. Box 11475 Harrisburg PA 17108 ATTORNEYS FOR DEFENDANT Date: 6/22/2001 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the attached document was served on the person below on this day by hand delivery to the person listed below: Sandra L. Meilton, Esquire Tucker, Arensberg & Swartz P.O. Box 889 Harrisburg, PA 17108-0889 Res ectfully submitted, By: Emily Long Ho man, Esquire Sup. Ct. ID # 66307 105 North Front Street P.O. Box 11475 Harrisburg, PA 17108 (717)233-1112 Date: 6/25/2001 EMILY LONG HOFFMAN s<'S, ATTORNEY AT LAW lap NORM FRONT 9rRFFl' ,. r IIARRISOURG, PENNSYLVANIA 1710»-1475 17171 241-1112 SR... DORINE A. BOLLINGER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99-538 D. TIMOTHY BOLLINGER, CIVIL ACTION - LAW Defendant IN DIVORCE DEFENDANT'S MEMO IN SUPPORT OF RESPONSE TO PLAINTIFF'S PETITION FOR SPECIAL RELIEF 1. FACTS The parties, Dorine Bollinger (hereinafter "Wife") and D. Timothy Bollinger (hereinafter "Husband"), were separated in October 1998. Wife lives in the marital home located in Camp Hill with the parties' minor children Katie, age 15. The parties oldest daughter, Stephanie, recently graduated from Bucknell University and moved to Florida. Julie, age 19, is a college student and lives with Wife during her summer break. D. Timothy Bollinger (hereinafter "Husband"), initially after separation resided with his mother. He now resides in a two bedroom apartment in Camp Hill (for which he pays approximately $300 per month) with an apartment mate with whom he shares expenses. Husband would like to buy a place of his own. Since the date of separation, Husband has paid the first and second mortgages, the utilities, support, Wife's life insurance. From October 1998 to the present, Husband has paid to Wife or on behalf of Wife $57,344.97. In addition, Husband paid $360 per month for Stephanie's apartment while she was in school at Bucknell and sent Stephanie and Julie each $40 per pay period while they were attending college and also put loans against his life insurance policy and 401 k in order to assist with the tuition. In return, Wife took Husband off her health and dental insurance without informing him before hand. As a result, Husband incurred considerable additional unnecessary expense when he had substantial dental work performed and then learned that she had dropped him beforehand from coverage. Wife, by letter dated March 29, 2001, informed Husband that she found a buyer for the marital home and that she wanted to use the total net proceeds from the sale (estimated to be $75,000 to $80,000) to purchase another home. Husband, by letter dated April 2, 2001, responded that he needed funds at the time of settlement to purchase a home and set forth his willingness to work with Wife to effectuate a partial distribution of the proceeds from which both parties would receive funds. Wife entered into an alleged sales contract to purchase a home for $160,000 without Husband's agreement to release all the funds to her nor with his knowledge. The only other marital asset of any value is Husband's 401(k). If Defendant would withdraw the funds in his 40 1(k), he would incur capital gains taxes and a penalty for early withdrawal. Husband filed a Motion to Appoint Master on March 29 and thus the Master will most likely resolve the equitable distribution matter in the near future. II. ARGUMENT In the interest of fairness and equity, Husband is entitled to a share of the proceeds from the home, the only liquid asset of the marital estate. Wife had the power all along to seek appointment of the divorce master prior to selling the home. Furthermore, there is no sense of urgency for Wife to go out and purchase a home of her own at this time. All along, Husband has been willingly and voluntarily paying above and beyond his fair share of his obligated support and has maintained the mortgages and expenses associated with the home. If this Honorable Court should release the proceeds to Wife, Husband will be unable to purchase a home of his own. Currently, his daughters do not stay overnight at his apartment because there is no room for them. Husband would tike to purchase a home so that they have a place to sleep. Husband, unless provided liquid funds, will not be able to afford a home on his own. Husband, after separation, has greatly reduced his lifestyle expenses. Conversely, Wife is maintaining the same lifestyle by purchasing a $160,000 home. Husband, through his search for his own home, has found suitable three bedroom homes in the Camp Hill area for under $125,000. Wife maintains that she needs all the proceeds from the home to purchase her $160,000 home. Husband has a good job, however, his expenses exceed his income. It is anticipated that Husband's adverse financial condition will not be alleviated for years to come. Husband will have child support payments for three more years plus college expenses for two children. Most likely, Husband will be obligated to pay some form of alimony. It is anticipated that his child support and alimony will be at least $1,300 per month. In addition, Husband will have to continue paying the current loan against his 401 k in the amount of $154 per month which loan was used for his oldest daughter's college education, and other loans in the amount of $349 per month which includes the loan against his life insurance policy for his daughter's college education. There is also credit card debt from the marriage that Husband pays. To release all of the proceeds of the sale of the home to Wife would be inequitable and patently unfair to Husband. Husband has, to his credit, provided for his Wife and children voluntarily over and above his legal obligation since the date of separation. To allow Wife to maintain her standard of living to the levels achieved during the marriage while Husband lives a sub-standard existence would be inequitable. Husband will suffer irreparable harm if the only liquid assets of the marriage are awarded in totality to Wife. Husband too has a right to own a home. WHEREFORE, Defendant respectfully requests that this Honorable Court deny Plaintiffs Petition for Special Relief. Respectfully submitted, LONG HOFFMAN, LLP By LG?- Emily Long Hoffman I.D. No. 66307 105 N. Front Street P. O. Box 11475 Harrisburg PA 17108 ATTORNEYS FOR DEFENDANT Date: 6/25/2001 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the attached document was served on the person below on this day by hand delivery to the person listed below: Sandra L. Meilton, Esquire Tucker, Arensberg & Swartz P.O. Box 889 Harrisburg, PA 17108.0889 Res ectfully submitted, By: Emily Long go man, Esquire Sup. Ct. ID # 66307 105 North Front Street P.O. Box 11475 Harrisburg, PA 17108 (717)233-1112 Date: 6/25/2001 D, TIMOTHY BOLLINGER, Plaintiff v DORINE A. BOLLINGER, Defendant JN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA No. 99-5560 :CIVIL ACTION-LAW :DIVORCE INVENTORY AND APPRAISEMENT OF D, TIMOTHY BOLLINGER D. Timothy Bollinger files the following Inventory and Appraisement of all property owned or possessed by either party at the date of separation and all property transferred within the preceding three years, Ile verifies that the statements made in this Inventory and Appraisement are true and correct. Ile understands that false statements herein are made subject to the penalties of 18 Pa.C.S, §4904 relating to unsworn falsification to authorities. p ? D. Timothy Bollin r ASSETS OF PARTIES ( X) I . Real property ( X) 2. Motor vehicles ( X) 3. Stocks, bonds, securities and options ( ) 4. Certificates of deposit ( X) 5. Checking accounts, cash ( X) 6. Savings accounts, money market and savings certificates ( ) 7. Contents of safe deposit boxes ( ) 8. •rmsts ( X) 9. Life insurance policies (indicate face value, cash surrender value and current beneficiaries) ( ) 10. Annuities ( ) ll. Gifts ( ) 12. Inheritances ( ) 13. Patents, copyrights, inventions, royalties ( ) 14. Personal property outside the home ( ) 15. Business (list all owners, including percentage of ownership, and officer/director positions held by a party with company ( ) 16. Employment termination benefits - severance pay, workman's compensation clahn/award ( ) 17. Profit sharing plans ( X ) 18. Pension plans (indicate employee contribution and date plan vests) ( X ) 19. Retirement plans, Individual Retirement Accounts ( ) 20. Disability payments ( ) 21. Litigation claims (matured and unmatured) ( ) 22. MilitaryN.A. benefits ( ) 23. Education benefits ( X) 24. Debts due, including loans, mortgages held ( X) 25. Household furnishings and personalty ( X) 26. Other MARITAL PROPERTY List nll marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of the dale this action was commenced: Item Description Nantes of Number of Pr perty All Owners 1 2612 Logan Street 11 & W Camp Hill, Pennsylvania 2 1995 Saturn 11 & %V 2 1998 Jeep (lease) W l 168 shares Rite-Aid stock II & W S Pennsylvania State Bank 11 & W 6 Pace Resources FCU 11 9 Northwestern Mutual W 9 Notthwestern Mutual If (Loan against) 19 PSERS W 19 Pace Resources, Itic. 401K 11 24 Citi Mortgage II & W 24 Pa. State Bank 1Ionte Equity Loan I I & W 24 Loan against Northwestern policy 11 24 Visa 11 & W 24 Master Card II & W 24 PACE. Iesources FCU car loan II (husband paid ofl) 24 80111'011 Charge 11 k %V 24 Loan against 401K for if daughter's college education 25 Nome Furnishings I I & W 25 Pace Resources FCU (boat loan) It 26 25 Foot Catalina Sail Boat If LIABILITIES Item Number Creditor Debtor D value Pavor 24 Mortgage H & W 24 1lome Equity Loan 11 & W 24 Loan against Northwestern policy I I 24 Visa 24 Master Card 24 PACE Resources FCU car loan I I (husband paid off) 24 DonTon Charge 11 & W 24 Loan against 401 for daughters 11 college education 24 Mathias and I Joke I I dental bill for I lusband. Wife dropped I lusband from coverage in summer of 2000 without his knowledge even though it was available at not cost through her employer 24 Health insurance @ $60.00 per month H Wife dropped Husband from coverage in summer of 2000 without his knowledge even though it was available at not cost through her employer D. TIMOTHY BOLLINGER, Plaintiff V. DORINE A. BOLLINGER, Defendant IN TIIE COURT Of COMMON PLEAS CUN11lERLAND COUNTY, PENNSYLVANIA No. CIVII. ACTION-LAW DIVORCE INCOME AND F,3(PEN9E OF PLAIN'LMI? , D. TIMOTHY I1O1,1,INGER Plaintiff Files the following Income and Expense Statement. Plaintiff verifies that the statements made in this Income and Expense Statement we true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. ?D. fl! e ..?1.? D. TIMOTHY BOLL INGER 3/1/01 INCOME AND EXPENSE STATEMENT OF D. TIMOTIIY BOLLINGER INCOME Employer: Buchan-Ilotn Address 445 W. Philadelphia St.. York. PA 17404 Type of Work: Electrical Engineering Payroll Number: 1698 Pay Period (weekly, biweekly, etc.): Biweekly Gross Pay per Pay Period: $_ 2.800 Itemized Payroll Deductions Federal Withholding $ 569 FICA $_ 174 Local Wage Tax $ 0 State Income Tax $ 78 Medicare $ 41 Retirement 401(k) $ 28 Savings Bonds $ 0 Credit Union $ 349 (Includes two loans) Life Insurance $ 0 Health Insurance $ 34 Other - LTD $ 4 Long term disability 401(k)loan repay $ 155 Net Pay per Pay Period: $ 1.368 Week Month (Fill in Appropriate Column) Other Income: N/A Interest - Individual $ $ 5 $ Joint Dividends Pension Annuity Social Security Rents Royalties Expense Account Gifts Unemployment Comp _ Workmen's Comp. Total $ $ 5 $ TOTAL NIONTIII,Y NET INCOME $ 2.969 Year: EXPENSES Week Month Year Home Mortgage (I sl) $ $1006 $ Mortgage (2nd) 250 Maintenance Apartment 225 Utilities Electric & Gas 50 Sewer/Garbage 10 Telephone 25 Water _ Employment Public Transportation Lunch 60 Taxes Real Estate Personal Tax 90 Income Insurance Homeowners Automobile 100 Life 160 Accident Health Other (boat) 15 Automobile Car (pmt./maint) Boat (pmt./maint) _ 130 Fuel 80 Repairs 30 Medical Doctor/Dentist 20 Hospital Special needs (glasses, braces, orthopedic devices) 20 Education Private school Enrichment courses College 520 Religious - 3 - INCOME AND EXPENSE STATEMENT OF D- TIMOTHY BOLLINGER INCOME Employer: Buchart-Horn Address 445 W. Philadelphia St York PA 17404 Type of Work:_Electrical Enstinecrint; Payroll Number: 1698 Pay Period (weekly, biweekly, etc ): Biweekly _ Gross Pay per Pay Period: $_ 2.800 Itemized Payroll Deductions Federal Withholding $ 569 FICA $ 174 Local Wage Tax $ 0 State Income Tax $ 78 Medicare $ 41 Retirement 401(k) $ 28 Savings Bonds $ 0 Credit Union $ 349 (Includes two loans) Life Insurance $ 0 Health Insurance $ 34 Other - LTD $ 4 Long term disability 401(k) loan repay $ 155 Net Pay per Pay Period: $=1:j_68 Week Month Year: (Fill in Appropriate Column) Other Income: N/A Interest - Individual $ $ 5 $ Joint Dividends Pension Annuity Social Security Rents Royalties Expense Account Gifts Unemployment Comp. Workmen's Comp. Total $ $ 5 S TOTAL MON'T'HLY NET INCOME S2,969 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the attached document was served on the person below by U.S. Mail on this day: Sandra L. Meillon, Esquire Tucker, Arensberg & Swartz P.O. Box 889 Ilarrisburg, PA 17108-0889 Respectfully submitted, By: CL LQ- Emily Long Iloffman, Esquire Sup. Ct. ID b 66307 105 North Front Street P.O. Box 11475 Ilarrisburg, PA 17108 (717)233-1112 Dale: 3/29/01 'ITI(XIT ARNNSBIiRG & SWAR'IZ I I I NIIR I I I IRON I'S I'RIIA 1'.U. BOX 990 I IA RRISIt I' RU. IiINNS) ' I V\N I:\ 17109(IN9o '117i a'II 11,11 NE A. BOLLINGER, Plaintiff v. D. TIMOTHY BOLLINGER, Defendant IN THE COURT OF COMMON PLEA CUMBERLANn COUNTY, PENNSYLVANIA NO. 99-5368 CIVIL ACTION -LAW IN DIVORCE INVENTORY AND APPRAISEMENT OF DORINE A. BOLLINGER I, DORINE BOLLINGER file the following inventory and appraisement of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. I verify that the statements made in this inventory and appraisement 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. NO'l?:e. ?d'lYosnol..iJ DORINE BOLLINGER Plaintiff ASSETS OF PARTIES Plaintiff marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. If an item has been appraised, a copy of the appraisal report is attached. (X) 1. Real property (X) 2. Motor vehicles (x) 3. Stocks, bonds, securities and options ( ) 4. Certificates of deposit ( ) 5. Checking accounts, cash (X) 6. Savings accounts, money market and savings certificates ( ) 7. Contents of safe deposit boxes ( ) 8. Trusts (X) 9. Life Insurance policies (indicate face value, cash surrender value and current beneficiaries) ( ) 10. Annuities ( ) 11. Gifts ( ) 12. Inheritances ( ) 13. Patents, copyrights, inventions, royalties ( ) 14. Personal property outside the home ( ) 15. Businesses (list all owners, including percentage of ownership, and officer/director positions held by a party with company) ( ) 16. Employment termination benefits - severance pay, workman's compensation claim/award ( ) 17. Profit sharing plans (X) 18. Pension plans (indicate employee contribution and date plan vests) (x) 19. Retirement plans, Individual Retirement Accounts ( ) 20. Disability payments ( ) 21. Litigation claims (matured and unmatured) ( ) 22. Military/V.A. benefits ( ) 23. Education benefits ( ) 24. Debts due, including loans, mortgages held (X) 25. Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute) (x) 26. Other p?.C N C d Cq _ M M O QmM {? {p^^y? O ?I N? y? Z Z Z a ? G Z Q y? Q oQ N g N ry w ° g ^ Q ?° iQ °' ? Z N N N N s N e $e e ?? ry 2 t S SR ? ? ° N ;, c m W O ? a z m ¢ 4 ?a g U? Q N Z Z Z ? 2 m W m c ° L 52 d= ? 8 N O Q B 6 q E . a m z 3? ? -. x 3 x 3 3 x F 0 a c °O `. t c N a p J 3 $i S 5 5 N¢ g 2 o ? a c ? n ° E E a 8'x m ? ¢ m m i a_ g a" i YI G. ? a ? E U N M W ? $ N m ? U W 8 O O U N A a a Z z ?v ?i N ? of m I c C 16 "d `03'6 0? 2I8A8 a ° '885 o NNNWN ?- F ° a > j ° T x n L a n I°- o c U U U ? ? V C7 Q W ,?? g ££ M m 4 9.9 i m S-I I g W E pg g, $FF E >v ? M ° O 2 g a .n m d ? g 25 o,y Xt `o ? ??a z g z 3 ? S a m ,,qq++ 'J g N O a G ? a N O ?I = 3 5 E E m w 1 N ? x g ? a o .16 a n g ? 6 vl ? 0 s? £ ?' S .??c¢5a d? a?rmo?? Ul b m w w LL aN K yH F LL 0 ?o g b L ?o O ? WI ? N A g v a m c 0 ? y o $' v a A R L E cl 8 Z'd S `u 5 F 3 C_ y? 6 O N Q C C U m g a a o `o EI ? a = LIABILITIES OF PARTIES Plaintiff marks on the list below those items applicable to the case at bar and itemizes the liabilities on the following pages. Secured (x) 1. Mortgages ( ) 2. Judgments ( ) 3. Liens (x) 4. Other secured liabilities Unsecured (x) 5. Credit card balances ( ) 6. Purchases (x) 7. Loan payments ( ) 8. Notes payable ( ) 9. Other unsecured liabilities Continqent or Deferred 10. 11. 12. 13. 14. 15. Contracts or. Agreements Promissory notes Lawsuits Options Taxes Other contingent or deferred liabilities a C Q dCC ?? NE wl s J i. QG9 N a 5 B `o a 45 Lo a $ ? 1 s s 6 e mm 8 8 16 'E >a !a $ $ Eye E C ? ? E o } D O •< p_9 E $ 2$ a 'i i S 2 S S m m € O m N m ? l ? U ? U _ i ` a a Z o U Z d iLL g F A E Y! E E E f fy? g s $ O ? D ?Z O fa O ?o O ?a 2 x x 3 3 3 2 $ 3 $ ? m H U V LL J W IS p g _A g .C p 5? a ? B g U iB U V U U ? ?? c y p t O G ? m N d? ? ?1 `1 W N C ? ? ? ? ? U S U U U m U U '? g a?t O n n N N N Vf N Vf ?} L 3 5'a S ,i .,i 114 SATURN 1994.91 Trade-in BODY Model TYPE No. M.S.R.P. Weight Loan Relall 1994 SATURN4 Cyi: AT-PS-AC•FWD-Continued 6300 Sedan 4D SL2 ........................ ZK5 $11795 2334 5675 7875 5900 Coupe 2D SCI .........................ZF1 11695 2314 5325 7450 0 6850 Coupe 2D SC2 ........................ ZHI 12895 2404 617153' 8475 M 5950 6800 Station Wagon 4D SW1 ............. ZH8 i 11695 2397 5375 7500 Stat on Wagon 4D SW2 ............. ZK8 12595 2476 6125 8400 E 250 Add Power Sunroof ................................ 250 250 S 50 Add Compact Disc Player ...................... .. 50 50 . 50 Add Power Windows .......................... :.. .. 50 50 T 50 Add Cruise Control ............................... .. 50 50 100 Add Leather Seats ....................... ........ .. 100 100 50 Add Alumtnum/Alloy Wheels ................... .. 50 50 C 100 Add Anti-TheftlRecovery System .............. .. 100 100 300 Deduct Wlout Automatic Trans ................ .. 300 300 400 Deduct W/out Air Conditioning ................ .. 400' 400 C '1993 SATURN-4 Cyl.-AT-PS-AC-FWD A Veh. Ident.:1G8(Model)OOOP0000001 Up. R 3450. 4425 Sedan 4D SL (5 Spd.) ...............ZF5 S d $9195 2283 3125 '4725 e an 4D SL1 ........................ ZH5 9995 2283 4000 5825 S 5250 Sedan 4D SL2 ........................ ZK5 11495 2386 4725. 6750 4900 Coupe 2D SCI .........................ZF1 10995 2256 4425 6325 5750 Coupe 2D SC2 ........................ ZHI 12795 2438 5175 7275 4950 Station Wagon 4D SW1 ............. ZH8 10895 2329 4475 6400 5700 Station Wagon 4D SW2 ............. ZK8 12195 2430 5150 7225 200 Add Powet Sunroof ................................ 200 200 250 Deduct W/out Automatic Trans ................. . 250 250 350 :Deduct W/out Air Conditioning ................. . 350 350. 1992 SATURN4 Cyl.-AT-PS-AC-FWD Veh. Ident.:1G8(Model)OOONZ000001 Up. 2600 Sedan 4D SL (5 Spd.) ...............ZF5 $8195 2343 2350 3775 3550 Sedan 4D SL1 ........................ ZH5 8995 2343 3200 4825 4300 Sedan 4D Touring SL2 .............. ZK5 10395 2438 3875 5675 4775 Coupe 2D SC ......................... ZHI 11875 2403 4300 6200 150 Add Power Sunroof ............................... . 150 150 200 Deduct W/out Automatic Trans ................. . 200 200 300 Deduct W/out Air Conditioning ................. . 300 300 1991 SATURN-4 Cyl.-FWD Veh. Ident.:1G8(Model)4O()MZ000001 Up. 1975 Sedan 4D SL (5 Spd) ....... * $7995 2312 1800 3075 2950 Sedan 4D SL1 ........ ,,_.......... ZH5 8595 2312 2675 4175 3625 Sedan 4D Touring SL2 .............. ZK5 10295 2408 3275 4900 4050 Coupe 2D SC ......................... ZHI 11775 2375 3650 5400 5;250 - 250 (ded. for w/o auto trans.) $5,000 DEDUCT FOR RECONDITIONING 1998 OCTOBER 1998 A MODEL, A4/A6/A8 Accent Accord Altima Avalon Beetle Boxster C36 C70 C22030/28f Cabrio Cabriolet Camry Cellda Charade Civic CL CL500/600 ' CLK Corolla Corrado Cressida CRX Del Sol Memento E300/320 E420/430/50C Eclipse Elantra ES250/300 Esteem Excel Expo Forester &1 PONTIAC 1982 87 BODY Model IrBde•In NOW No. M.S.R.P. Weight Loan Relall ..... oeaan 4u ............................... N69 276 Station w 4D' D .................... N35 826 Sedan 4D & h $6527 6694 3203 3380 226 260 1400 1450 D oug am ................. R69 GRAND PRIX 8985 3237 800 1626 O 250 Coupe 2D ................................J37 260 Coupe 2D W $8333 3226 226 1876 M ............................K37 276 Coupe 2D Brougham P37 8788 9209 3248 226 1426 E .................. Deduct 50% of Trade4n Value tar DleBei Engine. 3264 260 1476 s SATURN MILEAGE CATEGORY : Satum.1 1008 CATUDU_ewn C sacs oeean 41.1 SL ........................... ZF5 2750 Sedan 4D SL1 ...... ............. ZG51Zt15 $9195 9995 2283 2283 8076 Sedan 4D SL2 ................ ....7.15 5 11495 2386 2900 Coupe 2D SCI ............... 8425 Couppea 2D SC2 ............... 2800 2 ....ZEIMF1 ...ZG11MI 10995 12795 2256 2438 ". Wagon 4D SW1.... 8325 Station Wa on 4D SW2 ... ZG8rLH8 10895 2329 g .... .... LWK8 12195 2430 1992 SATURN-FWD Veh. Ident.:1G8Model)()()()NZ000001 Up. 2000 Sedan 49 SL ................. 2400 Sedan 4D SL1 ................ ..........ZF5 ......... ZH5 $8195 8995 2343 2343 2676 Sedan 4D Touting SL2 ..... ......... ZK5 10395 2438 2976 Coupe 2D SC ................. ......... 7H1 11875 2403 1991 SATURN-FWD Veh. Ident.:1G8(Model)4ppMZ000001 Up. 1700 Sedan 4 SL .................. 2025 Sedan 4D SL1 ................. ..... ....ZF5 ........ 71-15 $7995 8595 2312 2312 2260 Sedan 4D Touting SL2 ...... ........ ZK5 10295 2408 2625 Coupe 2D SC .................. ........ ZH1 11775 2375 -i i i DEDUCT FOR RECONDITIONING JANUARY TNRU APRIL 2001 2100 3600 C 2475 4076 2776 4425 A 2625 4225 R 3100 4825 2526 4126 S 3000 4700 1800 8260 2176 8676 2425 8975 2700 4325 1550 2800 1825 8275 2025 8526 2275 3825 i J i >. ?. ? ?_ ? • ? ?__ ?? • _ ? ? l l • i TUCKER ARENSBERG & SWARTZ I I I NORTH FRONT STREET P.O. BOX 889 IIARRISBURG.PENNSYLVANIA 1718.0889 1 i 17r?:441L DORINE A. BOLLINGER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99-5368 Civil Term D. TIMOTHY BOLLINGER, CIVIL ACTION -LAW Defendant IN DIVORCE PRE-TRIAL. STATEMENT AND NOW, comes the Plaintiff, Dorine A. Bollinger, by and through her attorneys, Tucker Arensberg & Swartz, and files the following Pre-trial Statement. 1. The marital and non-marital assets relative to this matter have been set forth in the Inventory and Appraisement which was filed with the court on May 16, 2001. The marital assets of the parties are valued in excess of $250,000.00. The non-marital property of the Plaintiff consists solely of contributions to her PSERS pension after the date of separation. The non-marital property of the Defendant is unknown to Plaintiff with the exception of the increase in value of his contributions to his 401(k). 2. Plaintiff expects to call the following persons to testify as expert witnesses: Harry Leister Jr., F.S.A. of Conrad M. Siegel, Inc., P.O. Box 5900, Harrisburg, PA 17110-0900. Mr. Leister will be called to testify in the event that the parties can not stipulate to the marital portion and present values of Defendant's 401(k) and Plaintiff's PSERS' pension. 3. Plaintiff will testify on her behalf and there will be no other fact witnesses which Plaintiff intends to call to testify on -1- her behalf at the Master's Hearing. Plaintiff will testify as to the assets and liabilities of the marriage, her income and expenses, the issue of fault as it pertains to her request for alimony and other relevant issues with regard to equitable distribution and alimony. 4. The following is a list of exhibits which Plaintiff intends to introduce at the Master's Hearing: Plaintiff's Income & Expense Statement Plaintiff's Inventory & Appraisement Tax Returns Legal Bills Plaintiff's Exhibit 1 Plaintiff's Exhibit 2 Plaintiff's Exhibit 3 Plaintiff's Exhibit 4 5. Plaintiff has a net monthly income of approximately $1370.00, which is itemized in the Income and Expense Statement which was filed with the Court on May 16, 2001. A copy of Plaintiff's most recent state and federal income tax returns is attached hereto and incorporated herein. 6. Plaintiff's monthly expenses are approximately $5,300.00. An itemization of these expenses has been set forth in the Income & Expense Statement which was filed with the Court on May 16, 2001. 7. Plaintiff contends that the Pension of Defendant has a value in excess of $160,000.00 as set forth on the Pension Statement dated March 31, 2000. S. Plaintiff has incurred Counsel fees in excess of $3,500.00 in accordance with the fee letter which was signed on 2- February 12, 1999. A detailed itemization of these services will be introduced at the hearing. 9. The parties are in dispute over several issues including but not limited to the date of separation, equitable distribution of property, alimony, counsel fees and costs, and alimony pendente lite. 10. The parties have accumulated marital debts in the amount of approximately $125,000.00, which have been itemized on the Inventory and Appraisement filed with the Court on May 16, 2001. 11. Given the difference in the parties, income and their ability to accumulate future income, it is believed that a 60/40 distribution would be appropriate with Plaintiff receiving 60t of the assets and that Plaintiff should also be awarded alimony and counsel fees. A more specific proposal will be submitted at the conclusion of testimony or sooner if the Master so requires. TUCKER ARENSBERG & SWARTZ BY: ?? ton n Sandra` L. ?,FF I.D. #3255'1 DATED: ?I?SIa 40514.1 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 (717) 234-4121 ATTORNEYS FOR PLAINTIFF -3- AND NOW, this day of 2001, I, Shaun M. Kovach, Secretary to Sandra L. Meilton, Esquire, for the firm of Tucker Arensberg & Swartz, hereby certify that I have this day served the original and two copies of the within Interrogatories, by mailing same by first class mail, postage prepaid, addressed as follows: Emily Long Hoffman, Esquire P.O. Box 11475 Harrisburg, PA 17108-1475 Shaun M. Kovach ' ? .: Lam) .. ? ?' : ? 1 _ i „_ -l 7i _ ? i:? i I I4 . .? (? 1 D. TIMOTHY BOLLINGE Plaintiff V. DORINE A. BOLLINGER, Defendant DOM: June 18, 1977 DOS: October 1998 CUMBERLAND COUNTY, PENNSYLVANIA No. 99-5560 CIVIL ACTION-LAW DIVORCE PRE-TRIAL STATEMENT List of Assets: assets and liabilities are set forth in the Inventory and Appraisement. 2. Expert witnesses: Harry Leister - Pension appraiser Furniture appraiser Plaintiff reserves the right to call additional experts 3. Witnesses: Tim Bollinger Plaintiff reserves the right to call additional witnesses 4. Exhibits a. Statements reflecting mortgage balances b. Statement reflecting Plaintiffs payment of marital debts since date of separation and supporting documentation c. Statements reflecting the values of assets Plaintiff reserves the right to provide additional exhibits 5. Plaintiff s Gross Income: Please see income and Expense Statement. 6. Plaintiffs expenses: Please see Income and Expense Statement. 7. Value of Plaintiff s Retirement Benefits: $80,498.00 Value of Defendant's Retirement Benefits is unknown 8. Plaintiff makes no claim for counsel fees. 9. Valuation of property will be provided with date of separation and current value statements prior to the pre-trial conference. 10. Marital Debts are set forth in the Inventory and Appraisement and documentation will be provided at the pre-trial conference. 11. Proposed resolution: fifty/fifty division of proceeds of the marital home and fifty/fifty division of the retirement accounts. Fifty/fifty division of the debts. Plaintiff shall be credited for payments made on credit accounts and home. Respectfully submitted, Date: ISi t?l Emily Long Hoffman, Esquire Sup. Ct. ID # 66307 105 North Front Street Harrisburg, PA 17108 (717)233-1112 Attorney for Defendant TUCKER ARENS13ERG & SWARTZ I I I NOM H FRl1N'I S MITI' IW.110A %NY. 11ARRISRI1R(LP1NNSN1AANIA I7108118sa 17171]11 .11_'1 DORINE A. BOLLINGER, Plaintiff V. D. TIMOTHY BOLLINGER, Defendant MAY 18 2200'-0`1110\' ` - V IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-5368 CIVIL ACTION - LAW IN DIVORCE INCOME AND EXPENSE STATEMENT Attached hereto is the Income and Expense Statement of Plaintiff submitted pursuant to Pa. R.C.P. No. 1920.31. "Sandra L. Meilton Attorney for Plaintiff INCOME AND EXPENSE STATEMENT OF DORINE A. BOLLINGER INCOME Employer: Camp Hill School District Address:_ Camp Hill PA Type of Work:_ Secretary Payroll Number: Pay Period (weekly, biweekly, etc.):_ biweekly Gross Pay per Pay Period: Itemized Payroll Deductions: Federal Withholding $-4.6.55 Social Security 51.17 Local Wage Tax 8.25 State Income Tax 23.11 Retirement 51.58 Savings Bonds Credit Union Life Insurance Health Insurance Other (specify) Medicare 11.97 Net Pay per Pay Period: $ 825.30 $ 632.67 .2- Other Income: Week Month Year (Fill in Appropriate Column) Interest $ $ $ Dividends Pension Annuity Social Security Rents Royalties Expense Account Gifts Unemployment Comp. Workmen's Comp. Total TOTAL INCOME $ 1,370.78 -3- EXPENSES Home Mortgage/rent Maintenance Utilities Electric Gas Oil Telephone Cell Phone Water Trash Employment Public Transportation Lunch Taxes Real Estate Personal Income Insurance Homeowners Automobile Life Accident Health Other Automobile Payments Fuel Repairs Medical Doctor Katie and Donne Estimate - Dorine Only Week Month (Fill in Appropriate Column) $ $ 991.00 $ 100.00/ 150.00 54.00 30.00 177.00 115.00 30.00 25.00 10.00 $ $ g 90 .00, Year $ $ $ 38.00 $450.00 $ $ 25.00 $ 300.00 50.00 800.00 58.00 $ $ $ 325.00 $ 150.00 $ 48.003 $ 580.00 -4- Week Month Year (Fill in Appropriate Column) Dentist 85.0 1,000.00 Orthodontist Hospital Medicine - ----- ------ ---j- 29.00 Special needs (glasses, braces, orthopedic 20.00 240.00 devices) (Glasses) Education Private School $ $ $ Parochial School College -27 Religious Personal Clothing 565.00' Food 650.00 Barber/Hairdresser 25.00 Credit Payments 200.00 Credit Card (Kohl's) 30.00 Charge Account Memberships Loans Credit Union $ $ $ City Financial 98.00 Miscellaneous Household Help $ $ $ Child Care Papers/books/magazines 3.00 36.00 Entertainment 250.00 3,000.00 Pay N 29.00 Vacation 100.00 1,200.00 Gifts 200.00 2,355 Legal Fees 200.00 Charitable Contributions 87.00 Other Child Support Alimony Payments Other ' Dorine and girls ' Julie and Stephanie -5- Trips to Clarion and Bucknell - Pick Up and Drop off girls (Clarion requires overnight) $ Week Month (Fill in Appropriate Column) $ 50.00 $ TOTAL EXPENSES $ $ 5,309.00 $ Year 600.00 6- INSURANCE Company Policy No. Coverage' H W J Hospital Blue Cross Other Medical Blue Shield Other Health/Accident Disability Income Dental Other H = Husband; W = Wife; C = Child 7- VERIFICATION I, the undersigned, Dorine Bollinger, do hereby certify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements made to this verification are subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. S-?y-?) Date: Dorine Bollinger, Plai ,_ ??. `'' _.. ,.? DORINE A. BOLLINGER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 99 - 5368 CIVIL D. TIMOTHY BOLLINGER, Defendant IN DIVORCE ORDER OF COURT AND NOW, this day of dim hG? 2001, the economic claims raised in the proceedings having been resolved in accordance with a property settlement agreement dated December 19, 2001, 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, -0 A^ Ge g o VPJ CC: Sandra L. Meilton Attorney for Plaintiff ?2CC ?uvWLC(? Emily Long Hoffman n c Attorney for Defendant l°yo2c/Q/ C" L u io L- ' " V7 En L N ?f Ll..:_ iu lei Y}2 • L" u_ "7 C U DORINE A. BOLLINGER, Plaintiff V. D. TIMOTHY BOLLINGER, Defendant IN THE COURT OF COMMON PLEAS _ CUMBERLAND COUNTY, PENNSYLVANIA No. 99-5368 CIVIL ACTION-LAW DIVORCE DEFENDANT'S RESPONSE TO PETITION TO ENFORCE PROPERTY SETTLEMENT AGREEMENT AND NOW, comes Defendant, D. Timothy Bollinger, by and through his attorneys, Hoffman Long LLP, and hereby responds to Plaintiffs Petition as follows: 1. Admitted. n -. 2. Admitted. & Q i 3. Admitted. 4. The Agreement speaks fo 5. Admitted. 6. Denied. The payment has been paid. DORINE A. BOLLINGER, Plaintiff V. D. TIMOTHY BOLLINGER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 99-5368 CIVIL ACTION-LAW DIVORCE DEFENDANT'S RESPONSE TO PETITION TO ENFORCE PROPERTY SETTLEMENT AGREEMENT AND NOW, comes Defendant, D. Timothy Bollinger, by and through his attorneys, Hoffman Long LLP, and hereby responds to Plaintiffs Petition as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. The Agreement speaks for itself. 5. Admitted. 6. Denied. The payment has been paid. 1 7. Denied. It is denied that Plaintiffs counsel provided Defendant's counsel with her support calculations on January 16, 2002. 8. Admitted. 9. The Agreement speaks for itself. WHEREFORE, Defendant has paid the amount due under the agreement and Plaintiff has scheduled a support conference in addition Defendant demands proof in the fees to prepare this matter as the fees are excessive. Respectfully submitted, "11t-yl Emily Long Hoffman Sup. Ct. I.D. # 66307 P.O. Box 11475 105 N. Front Street Harrisburg, PA 17108-1475 717-233-1112 Date: 4/2/2002 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the attached document was served on the person below on this day by First Class U.S. Mail addressed as follows: Sandra L. Meillon, Esquire Tucker, Arenberg & Swartz P.O. Box 889 Harrisburg, PA 17108-0889 Respectfully submitted, C By: (?;41A tE?-- Emil y Loi g Hoffman, Esquire Sup. Ct. ID # 66307 105 North Front Street P.O. Box 11475 Harrisburg, PA 17108 (717)233-1112 Date: 4/2/2002 'FUCKER ARENSBERG & SWARTZ I I I INOR'I II INON'r SI'RH 1' P1, H(1N S" I IARR IS III' WI. I'CNNSS'I\\NIA 17111'OSSO ,7171';1 J I_'1 MK .L 4 LUUZ OtZ M, _3 DORINE A. BOLLINGER, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99 - 5368 CIVIL D. TIMOTHY BOLLINGER, : CIVIL ACTION -LAW Defendant : IN DIVORCE RULE AND NOW, this ? day of ao,? er , 2002, In consideration of the Petition to Enforce Property Settlement Agreement filed by Plaintiff, a Rule is issued on Defendant as to why Plaintiffs Petition should not be granted. RULE returnable Lv days after service on Defendant and/or his counsel. r L0 0.j C L13 R BY THE COURT: ?, . Y i 1 i 1.,;,, 1 _ ^, i i I i DORINEA. BOLLINGER, Plaintiff V. D. TIMOTHY BOLLINGER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99.5368 CIVIL CIVIL ACTION - LAW IN DIVORCE PETITION TO ENFORCE PROPERTY SETTLEMENT AGREEMENT AND NOW, comes Plaintiff, Dorine A. Bollinger, by and through her attorneys, TUCKER ARENSBERG & SWARTZ and hereby avers the following in support of her petition: 1. Plaintiff and Defendant were married on June 18, 1977 and divorced by Decree entered on December 28, 2002. 2. Plaintiff and Defendant entered into a Property Settlement Agreement on December 19, 2001 and said agreement was incorporated, but not merged into the Divorce Decree. 3. Paragraph 9 of the Agreement states that: 9. CASH PAYMENT: Husband shall pay to Wife the sum of $12,579.48, as itemized on the Exhibit "A" which payment shall be made within thirty (30) days of the signing of this Agreement. 4. The Exhibit "A" to the Property Settlement Agreement is attached hereto and incorporated herein as Exhibit "A". 5. Paragraph 10 of the Agreement states as follows: 10. CHILD SUPPORT: Husband shall pay Wife child support for their one minor daughter in an amount to be calculated under the Pennsylvania Statewide Support Guidelines. The support payments shall be calculated and an agreement signed in this regard within thirty (30) days of the signing of this Agreement. The effective date of the child support shall be October 1, 2001. The parties agree to sign an amicable Order of Support with the Court of Common Pleas of Cumberland County, Pennsylvania, so that future payments shall be made in accordance with the Order of Court. The parties agree that this provision relative to support payments may be enforced by an action in accordance with the Rules of Civil Procedure governing actions for support. 6. Despite correspondence and telephone calls to Defendant's counsel from Plaintiffs counsel requesting the status of the said cash payment, the thirty (30) day time limit has expired and no payment has been made to Plaintiff from Defendant. 7. On January 16, 2002, Plaintiffs counsel provided Defendant's counsel with her support calculations to resolve the outstanding issue of support. 8. To date, no response has been received from Defendant's counsel to the January 16, 2002 letter and Plaintiff will take the steps necessary to have the support matter scheduled for a support conference with the Cumberland County Domestic Relations Office. 9. Paragraph 17 of the Property Settlement Agreement sets forth Plaintiffs remedies for Defendant's breach including the payment of legal fees and costs to enforce the Agreement. WHEREFORE, Plaintiff requests that this Honorable Court direct Defendant: (a) To immediately pay to Plaintiff the full cash payment plus interest at the rate of ten (10%) percent per annum for the period from January 19, 2002 (the expiration of the thirty days) to the date of payment. (b) To make payment of $750 to Plaintiffs counsel as legal fees in connection with his breach of the Agreement. (c) To cooperate fully with regard to finalizing an appropriate support amount as agreed to in Paragraph 10 of the Property Settlement Agreement. Respectfully submitted, TUCKER ARENSBERG 6 SWARTZ BY: 1,?Z4ue?,t rte' ?iL Sandra L. Meilton I. D. #32551 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 Date: ATTORNEYS FOR PLAINTIFF VERIFICATION I, Dorine A. Bollinger, acknowledge that the facts stated in the within document are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. Donne A. Bollinger DATED: 3 - "1 - oz) EXHIBIT "A" Description of Marital Asset Total Value Pace Resource Federal Credit Union $ 2,609.86 Equity in 1995 Saturn $ 3,506.00 24 foot Catalina boat $ 6,200.00 Husband's Cash Surrender Value in Northwestern Mutual Life Insurance policy $12,859.09 Wife's Cash Surrender Value in Northwestern Mutual Life Insurance policy $ 2,665.20 $27,840.15 Distribution Husband's 45% = $12,528.07 Wife's 55% = $15,312.08 Less Husband's credit for credit card payment 1,500.00 House proceeds explained below +11,432.60 $15,244.68 Recap Wife's CSV in NML policy $ 2,665.20 Cash payment to Wife $12,579.48 $15,244.68 Proceeds from sale of the marital residence were $78,652. At settlement, Husband received an equal share of proceeds less $2,500 or $36,826. Wife received an equal share of proceeds plus $2,500 or $41,826. Therefore, with the agreed to 55%-45% division of marital assets, Wife should have received $43,258 and is therefore entitled to an additional $1,432.60. Retirement benefits, Husband's 401(k) and Wife's PSERS pensions shall be distributed 55% to Wife and 45% to Husband with Wife's PSERS pension remaining totally in tact. for example: Assume hypothetically that husband's pension is worth $100,000 and wife's pension Is worth $50,000. The total marital pensions equal $150,000. If wife is to receive 55% of that value, her share would be $82,500. To reach this amount, she would retain her pension valued at $50,000 and $32,500 from husband's pension. In determining the marital portion of Husband's 401(k), Harry Leister shall deduct the date of separation value of the existing loan which on that date was $13,057.63. In the event the date of separation value of either party's pension/retirement is higher than the current value, due to market fluctuations, then the lower value shall be used. After establishing the marital values, the pension and retirement benefits discussed herein shall be divided fifty-five (55%) percent to Wife and forty-five (45%) percent to Husband. Rite Aid Corporation stock (estimated at 148 shares) to be divided between the parties 55% to Wife and 45% to Husband. Exhibit "A" CERTIFICATE OF SERVICE AND NOW, this ' ?hday of 0 ??1 -L. 2002, I, Gloria M. Rine, Legal Assistant to Sandra L. Meilton, Esquire, for the firm of Tucker Arensberg & Swartz, hereby certify that I have this day served a copy of the within document, by mailing same by first class mail, postage prepaid, addressed as follows: Emily Long Hoffman, Esquire P.O. Box 11475 Harrisburg, PA 17108-1475 Gloria M. Rine 48009.1 ?. ?` __' i.- •> r CLl UJ i." I . ?i ?I ? ?iL ?I ) l:? C.J ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of P nnryl -nia t'IL @Original Order/Notice Co./CitY/Dist, of CUMBERLAND 6,,7911-(137S- Date of Order/Notice 05/01/02 O Amended Order/Notice 6 O Terminate Order/Notice Court/Case Number (See Addendum for case summary) EmployerAvithholder's Federal EIN Number PACE RESOURCES INC Employer/Withholder's Name 445 W PHILADELPHIA ST Employer/Withholder's Address YORK PA 17404-3340 IRE: BOLLINGER, D. TIMOTHY 1 Employee/Obligor's Name (Last, First, MI) 1 194-44-8811 I Employee/Obligor's Social Securily Number 1 2611100804 I Employee/Obligor's Case Identifier (See Addendum Ior plaintiff names associated with cases on affachmen0 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, 635.00 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 medical support $ o. 00 per month for genetic test costs $ per month in other (specify) for a total of $ 1, 635.00 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: $ 377.31 per weekly pay period. $ 7s4.62 per biweekly pay period (every two weeks). $ 817. so per semimonthly pay period (twice a month). $ 1. 635. go per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on pg. 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA 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 10 BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: Date of Order: MAY 2 2002 )?- ?/ r7i 3Y $m ?•ia 4? Form EN-028 Service Type M 5 y? OVEINnnennHll WorkerlD $IATT 1. W r.piOn D.01 1211 I.M1NI ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? If checked you are required to provide a copy of this form to your employee. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under Stale 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. V -Reporting the-Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the-paymentrThr paydatddateiOwftoldfrq; is-thedateon which amountwas withheld from the-employee's wages. You must comply with the law of the state of the employee'slobligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.• Employee/Obligor with Multiple Support Hollings: If there is more than one Order/Notice to Withhold Income for Support against this empfeyee%obfigor 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. WITHHOLDER'S ID: 2312848130 EMPLOYEE'S/OBLIGOR'S NAME: BOLLINGER, D. TIMOTHY EMPLOYEE'S CASE IDENTIFIER: 2611100804 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. Ifyou 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 Stale 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. 10. 'NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items, Requesting Agency: 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 Page 2 of 2 Dula No 0410 111 S4 fyuuLnn DAr• II/HIM, Form EN-028 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: BOLLINGER, D. TIMOTHY PA S a N mb f 029104375/y/1;ee PACSES Case Number 472103587 Plaintiff Name Plaintiff Name DORINE A. BOLLINGER DORINE A. BOLLINGER Docket Attachment Amount Docket Attachment Amount 99-5368 CIVIL$ 1,000.00 00512 8 2001 $ 635.00 Child(ren)'s Name(s): DOB Childften)'s Name(s): KATIE L. BOLLINGER ?lf checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. 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 DOB 10/27/85 ?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(rer)'s Name(s): DOB ? 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 M8 n 0'070-111 s Worker lD $ IATT t m.cnion D.m.. vn i,rAl ?, .-? ?.s V DEC 2 6 2002 -1& Dorine A. Bollinger Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW D. Timothy Bollinger NO. 99-5368 Defendant QUALIFIED DOMESTIC RELATIONS ORDER 1. The parties to this action have entered into a Property Settlement Agreement dated December 19, 2001. The Court incorporated the Marriage Settlement Agreement into its Decree of Dissolution of Marriage dated December 28, 2001. 2. This Order creates and recognizes the existence of an Alternate Payee's right to receive a portion of the Participant's benefits payable under an employer sponsored defined contribution plan which is intended to be qualified under Internal Revenue Code of 1986 ("Code") §401(a). The Court intends this order to be a Qualified Domestic Relations Order ("QDRO") within the meaning of Code §414(p) and §206(d) of the Employee Retirement Income Security Act of 1974 as amended ("ERISA'). The Court enters this QDRO pursuant to its authority under the 23 P.C.S.A. §3502. 3. This QDRO applies to the Pace Resources, Inc. Retirement Savings Plan ("Plan'). Further, this Order shall apply to any successor plan to the Plan or any other plan(s) to which liability for provision of the Participant's benefits described below is incurred. Any benefits accrued by the Participant under a predecessor plan of the employer or any other defined contribution plan sponsored by the Participant's employer, whereby liability for benefits accrued under such predecessor plan or other defined contribution plan has been transferred to the Plan, shall also be subject to the terms of this Order. Any changes in Plan Administrator, Plan sponsor, or name of the Plan shall not affect Alternate Payee's rights as stipulated under this Order. 4 D. Timothy Bollinger ("Participant') is a participant in the Plan. Dorine A. Bollinger, ("Alternate Payee'), the former spouse of the Participant, is the alternate payee for purposes of this QDRO. 5. The Participant's name, mailing address, Social Security number and date of birth are: D. Timothy Bollinger 1n South 241h Street- a31(9 Ken Street; Camp Hill, PA 17011 Social Security #: 194-44-8811 S Date of Birth: November 23, 1955 6. The Alternate Payee's name, mailing address, Social Security number and date of birth are: QDRO Page 2 Dorine A. Bollinger 8117 Scarborough Court Indianapolis, IN 46256 Social Security #: 184-48.9275 Date of Birth: October 16, 1955 The Alternate Payee shall have the duty to notify the Plan Administrator in writing of any changes in this mailing address subsequent to the entry of this Order. 7. The portion of the Participant's plan benefits payable to the Alternate Payee under this QDRO is $46,779 of the Participant's total account balance accumulated under the Plan. The Alternate Payee's portion of the benefits described above shall be segregated and separately maintained in account(s) established on her behalf and shall be credited with any investment income or losses attributable thereto from the date of segregation, until the date of total distribution to the Alternate Payee. 8. This QDRO does not require the Plan to provide any type or form of benefit the Plan does not otherwise provide. 9. This QDRO does not require the Plan to provide increased benefits. 10. This QDRO does not require the Plan to pay any benefits which another order previously determined to be a qualified domestic relations order requires the Plan to pay to another alternate payee. 11. The Plan shall distribute to the Alternate Payee her benefits (as designated in Paragraph 7 of this Order), as soon as administratively feasible following the Plan Administrator's approval of this Order. 12. The distribution shall be a direct rollover to an Individual Retirement Account for the benefit of Dorine A. Bollinger. The check should be made payable to New England Securities. 13. On and after the date that this order is deemed to be a QDRO, but before the Alternate Payee receives her distribution under the Plan, the Alternate Payee shall be entitled to all of the rights and election privileges that are afforded to Plan beneficiaries, including, but not limited to, the right to name a beneficiary and the right to direct her Plan investments to the extent permitted under the Plan. 14. All payments made pursuant to this order shall be conditioned on the certification by the Alternate Payee and the Participant to the Plan Administrator of such information as the Plan Administrator may reasonably require from such parties. 15. It is the intention of the parties that this QDRO continue to qualify as a QDRO under Code §414(p), as it may be amended from time to time, and that the Plan Administrator shall reserve the right to reconfirm the qualified status of the order at the time benefits become payable hereunder. Q6RO Page 3 16. In the event that the Plan inadvertently pays to the Participant any benefits that are assigned to the Alternate Payee pursuant to the terms of this order, the Participant shall immediately reimburse the Alternate Payee to the extent that he has received such benefit payments and shall forthwith pay such amount so received directly to the Alternate Payee within ten (10) days of receipt. In the event that the Plan inadvertently pays to the Alternate Payee any benefits that are assigned to the Participant pursuant to the terms of this order, the Alternate Payee shall immediately reimburse the Participant to the extent that she has received such benefit payments and shall forthwith pay such amount so received directly to the Participant within ten (10) day of receipt. 17. After payment of the amount required by this QDRO, the Alternate Payee shall have no further claim against the Participant's interest in the Plan. 18. The Alternate Payee assumes sole responsibility for the tax consequences of the distribution under this QDRO. 19. The Alternate Payee's right to the amount assigned to her under this QDRO shall not be affected by the Participant's death (whether before or alter benefit payments to the Alternate Payee have commenced). In the event of the Alternate Payee's death prior to the commencement of benefit payments to the Alternate Payee pursuant to this QDRO, the Plan shall pay the remaining benefits under this QDRO as soon as practicable to any beneficiary designated by the Alternate Payee and recorded with the Plan Administrator under the terms of the Plan. If no designated beneficiary survives the Alternate Payee, benefits shall be paid to the Alternate Payee's estate. 20. The Plan shall treat this QDRO in accordance with Code §414(p)(7). While the Plan is determining whether this order is a qualified domestic relations order, the Plan Administrator shall separately account for the amounts which would have been payable to the Alternate Payee while the Plan is determining the qualified status of this QDRO. 21. The Plan Administrator promptly shall notify the Participant and the Alternate Payee of the receipt of this QDRO and shall notify the Participant and the Alternate Payee of the Plan's procedures for determining the qualified status of this QDRO. The Plan Administrator shall determine the qualified status of the QDRO and shall notify the Participant and the Alternate Payee of the determination within a reasonable period of time after receipt of this QDRO. 22. The Court shall retain jurisdiction with respect to this Order to the extent required to maintain its qualified status and the original intent of the parties as stipulated herein. I .. @nRO Page 4 CONSENT TO ORDER: PLAINTIFF/ALTERNATE PAYEE DEFENDANT/PARTICIPANT Signature \?J Y /o- do -Oa Date ATTORNEY FOR PLAINTIFF/ ALTERNATE PAYEE Signature Date ' r5iignature /2.?020? Dot. Date ATTORNEY FOR DEFENDANT/ PARTICIPANT Signature 12- Date Accepted and ordered this "21, day of e ?cJ 2vo 2- BY THE COURT /? ?l(o U? l,?t ttial? 5-ervk,(, m ?. - I "F:y 02CrC26 Ai19:In Gut; : %IN i'EiViV• ;'i.'i, ,M4 ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Q Original Order/Notice Co./City/Dist. of CUMBERLAND Q Amended Order/Notice Date of Order/Notice 09/17/04 Q Terminate Order/Notice Tribunal/Case Number (See Addendum for case summary) RE: BOLLINGER, D. TIMOTHY Employer/Withholder's Federal EIN Number Employee/Obligor's Name (Last, First, M1) 194-44-8811 Fmployee/Obligor's Social Security Number RDMM KLEPPER & KARL 2611100804 81 MOS HER ST Employee/Obligor's Case Identifier BALTIMORE MD 21217-4243 3? X999 S ?f(IrLassociate with cases rm 2!!:chmeno 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, 000.00 per month in current support $ o. oo per month in past-due support Arrears 12 weeks or greater? Qyes (R)no $ 0.00 per month in medical support $ o. 00 per month for genetic test costs $ per month in other (specify) fora total of $ 1, 000.00 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: $ 230.77 per weekly pay period. $ 461.54 per biweekly pay period (every two weeks). $ 5oo. oo per semimonthly pay period (twice a month). $ 1. ooo. oo per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten 00) 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 #10 on pg. 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877.676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, 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 COU T: Date of Order: SEP 2 0 1004 Service Type M ?oCCe Form EN-028 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS Igi hecke? you are required, to pr iOe a opy of this form to your employee. If yo r employe@ orks in a state that is I event rcm the state that Issued tlrls order, a copy must be provided to your employee even If II a box is not checked. 1, We appreciate the voluntary compliance of Federally recognized Indian tribes, tribally-owned businesses, and Indian-owned businesses located on a reservation that choose to withhold in accordance with this notice. 2. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. 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. 3, Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 4.'-Reporting- Ine ftdatetoatcpfWithholding, -you-must report thepaydatevdate of withholding when-sending the payment-The- PaYdate/date ofwkhholdingis-thedate,orrrtwhich 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. S." 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 #10 below) 6. Termination Notification: You must promptly notify the Requesting Agency when the employeelobligor is no longer working for you, Please provide the information requested and return a copy of this Order/Notice to the Agency identified below, WITHHOLDER'S ID: 5205991120 EMPLOYEE'S/OBLIGOR'S NAME: BOLLINGER, D. TIMOTHY EMPLOYEE'S CASE IDENTIFIER: 2611100804 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 7. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 8. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employeelobligor's income and other penalties set by Pennsylvania Stale law. Pennsylvania Slate 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. 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. 10." Withholding Limits: You may not withhold more than the lesser of. 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.C. §1673 Ml; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. 11. Additional 'NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. Submitted By: 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 J717) 240-6225 or by FAX at (717) 240.6248 or by internet www.childsupportstate.pa.us Service Type M Page 2 of 2 nNla N. 09704154 Form EN-028 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: BOLLINGER, D. TIMOTHY PACE a N umb r 029104375 PACSES Case Number Plaintiff Name Plaintiff Name DORINB A. BOLLINGER packet Attachment Amount Docket Attachment Amount 99-5368 CIVIL$ 1,000.00 1 0.00 Child(ren)'s Name(s): DOB 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. PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ?Ifchecked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. ?If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACKS Case Number Plaintiff Name Docke Attachment Amount ! o.06 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 S o.oo Child(ren)'s Name(s): DOB ?lf checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. Addendum Form EN-028 Service Type M ID $IATT on;e No.. a9nwi;a Worker { v' U.?_ r' 1J N IZ LLJ LL LAJ 1- Cq 112 s H C..) ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT Stale Commonwealth of Pennsylvania 0Original Order/Notice Co./City/Dist. Of CUMBERLAND O Amended Order/Notice Date of Order/Notice 09/17/04 O Terminate Order/Notice Tribunal/Case Number (See Addendum for case summary) RE: BOLLINGER, D. TIMOTHY Employer/Wnhholder's Federal EIN Number Employee/Obligor's Name (Last, First, MI) BUCHART-HORN INC 445 W PHILADELPHIA ST YORK PA 17404-3340 194-44-8811 Employee/Obligor's Social Security Number 2611100804 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MII 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. 00 per month in current support $ o. oo per month in past-due support Arrears 12 weeks or greater? Dyes ® no $ o, oo per month in medical support $ o. 00 per month for genetic test costs $ per month in other (specify) for a total of $ 0.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ o. o o per weekly pay period. $ o. oo per biweekly pay period (every two weeks). $ o. oo per semimonthly pay period (twice a month). $ o, 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 #10 on pg. 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676.9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, 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. - - - -- Date of Order: !ZFP 5) 0 20A BY THE COURT: Form EN-028 Service Type M oars wo: 097" Worker lD $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? ijelrPcked you are required, to protvri(leomerPa of this form to your employee. If your employeg Works in a state tha( is i Brent rom the state that issu copy must be provieeo to your employee even if the box is not checked. 1. We appreciate the voluntary compliance of Federally recognized Indian tribes, tribally-owned businesses, and Indian-owned businesses located on a reservation that choose to withhold in accordance with this notice. 2. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. 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. 3. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employeelobligor. F,ayu am %vftnnommg-rs-ime-*ate-omwhich-amourrtwas-whhheld-from-the employees 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. 5. • 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 #10 below) 6. Termination Nolification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. WITHHOLDER'S ID: 2314983260 EMPLOYEE'S/OBLIGOR'S NAME: BOLLINGER, D. TIMOTHY EMPLOYEE'S CASE IDENTIFIER: 2611100804 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 7. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 8. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the 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. 9. 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 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. 10." Withholding Limits: You may not withhold more than the lesser of. 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.C. §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. 11. Additional Info: "NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. Submitted By: 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 OMBrao. 0•17M10154 Form EN-028 Worker ID $IATT Y Lo U7 } UJ? Z 1 r N n LLI i ?lU U ri:I L' ?' c v U ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of P nnayivania Co./City/Dist.of CUMBERLAND )l1C\C C (?LiC'/375 Date of Order/Notice 08/07/02 Court/Case Number (See Addendum for case summary) Employer/Withholders Federal [IN Number PACE RESOURCES INC EmployerAvithholder's Name 445 W PHILADELPHIA ST Employer/Withholder's Address YORK PA 17404-3340 O Original Order/Notice O Amended Order/Notice O Terminate Order/Notice )RE: BOLLINGER, D. TIMOTHY Employee/obligor's Name (Last, First, MI) ) 194-44-8811 Employee/Obbgar's Social Security Number 2611100804 Employee/Obligor's Case Identifier (see Addendum for plaintiff names associated with cater on atlarhmen0 Custodial Parent's Name (Last, First, Ml) 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 , coo. Ito per month in current support $ 0. o0 per month in past-due support Arrears 12 weeks or greater? Qyes ® no $ 0. oo per month in medical support $ 0. 00 .per month for genetic test costs $ per month in other (specify) for a total of $ 1, 000.00 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: $ 230.77 per weekly pay period. $ 461.54 per biweekly pay period (every two weeks). $ Soo. oo per semimonthly pay period (twice a month). $ 1.0oo.ooper monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on pg. 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA 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: AUC C 2002 Date of Order: ,Y(I: %. ,01 Service Type M ?T. 12/31/00 FY(-( Form EN-028 Worker ID 21205 1 ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? If checked you are required to provide a copy of this form to your employee. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income, Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one 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 employeelobligor. 3.* Ing the Paycla!c6irle of Withholding. oumvstrcportthePM'date/dateofwithhold' pa 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/Obligorwith Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee%b)igorand you a2 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. WITHHOLDER'S ID: 2312848130 EMPLOYEE'S/OBLIGOR'S NAME: BOLLINGER, D. TIMOTHY EMPLOYEE'S CASE IDENTIFIER: 2611100804 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 employeelobligorfrom 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 0 5 U.S.C. §1673 (b)1; or 2) the amounts allowed by the State of the employee'slobligor'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. 10. *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. Requesting Agency: If you or your employeelobligor have any questions, ]DOMESTIC RELATIONS SECTION contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST by telephone at (717) 246.6225 or P.O. BOX 320 by FAX at (717) 2466248 or CARLISLE PA 17013 by Internet Page 2 of 2 Form EN-028 Service Type M OMB No, 097"154 Worker ID 21205 E.pimim D41r. 12/31100 } ;h C; %' _ ii: {:; ".? J i.^. ? L _ ? ? ,[_ ? c ` - G ?i ? ) J (? '' FEB-12-02 10:24 FROl1-Cueberland County Domestic Relations 7172407775 T-204 P.002/003 F-821 0p- 31535 No, qq- 536$ SEP 17 202 CUMBERLAND COUNTY DOMESTIC RELATIONS Date of Application:,0 Request for Support Record Search Name: F30LL/ j r F A-- h- _ V Address: ":Hrloe?t Camp W4 Social Security Number. -+ D.O.B.: Domestic Relations Case Number if Known: Parry Requesting Information: (FrintNeme f Finn Name) ('717 93 - 3 " '33d9 Mark ??i Pig m-o Hill /70 C (relephone Number) (Address) _T-?- 17 1 I-a (Fax Number) ?gnature) A Twenty Dollar (520.00) Fee is Due per Social Security Number Make check or money order payable to: DRS/Lien Search INITIAL REQUEST Has no Record in Domestic Relations as of (Date) Support Arrears as of End of Month Prior to Date of Application: S 5137. 9-7 Monthly Total Support Obligation: S 1000. Dy/mnnA The Amount shown above is reflected in the Domestic Relations Section Office of Cumberland County, Pennsylvania. //?? Mcmbee -W-,? to I I 1 00 So Domestic Relations Case Number: P&Q,,S 0ag1043 75 Signed: QaL w?. (Lien ordinator) (Data) BRING-DOWN REQUEST Support Arrears: $ As Of (Date) Signed: (Lien Coordinator) (Date) *** Lien Satisfisfaction Receipt Available Upon Request*** _? ?,-. ,_, -- L:. V. i ? _ ._. J ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 03/21/08 Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number PACE RESOURCES INC 40 S RICHLAND AVE YORK PA 17404-3425 194-44-8811 Employee/Obligor's Social Security Number 2611100804 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 support $ o. oo 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. oo per month for genetic test costs $ 0. 00 per month in other (specify) for a total of $ 0.00 per month to be forwarded to payee a ow. 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: $ o . 00 per weekly pay period. $ o . 0o per biweekly pay period (every two weeks). $ o. go per semimonthly pay period (twice a month). $ o. 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. 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: /? /,7 Date of Order: OA -) L? 21,5 J. SLEY OLER DRO: R.J. SHADDAY Service Type M OMB No.: 0970-0154 99-5368 CIVIL O Original Order/Notice O Amended Order/Notice O Terminate Order/Notice RE:BOLLINGER, D. TIMOTHY Employee/Obligor's Name (Last, First, MI) JUDGE Form EN-028 Rev. 1 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? Ifghecke?l you are required. to provide a Copy of this form to your m loyee. If your employee works in a state that is rent trom the state that di B issued this order, a copy must be provi?edpto 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 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 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: 2312848130 EMPLOYEE'S/OBLIGOR'S NAME: BOLLINGER, D. TIMOTHY EMPLOYEE'S CASE IDENTIFIER: 2611100804 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 Info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11 - Submitted By: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 Service Type M OMB No.: 0970-0154 Form EN-028 Rev. 1 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: BOLLINGER, D. TIMOTHY PACSES Case Number 029104375 PACSES Case Number Plaintiff Name Plaintiff Name DORINE A. BOLLINGER Docket Attachment Amount Docket Attachment Amount 99-5368 CIVIL$ 0.00 $ 0.00 Child(ren)'s Name(s): DOB 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. PACKS 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. XXXX ? 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) ? 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 Rev. 1 Service Type M OMB No.: 0970-0154 Worker I D $ IATT N ?? z? <.? ? r? .--+ `}`,,a s-.: ; .-? .. r `. :?;-r, ? ?.'? ,? DORINE A. BOLLINGER, IN THE COURT OF COMMON PLEAS OF Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 99-5368 CIVIL TERM DAVID T. BOLLINGER, IN DIVORCE Respondent PACSES Case No: 029104375 -ate m a -= rYt ? ? ? -za cn r ?, ORDER OF COURT AND NOW to wit, this 4th day of October 2011, it is hereby Ordered that the Cumberland County Domestic Relations Section dismiss their interest in the above captioned Alimony matter pursuant to the terms of the parties' Marital Settlement Agreement and the account being paid in full. There is no balance due the Petitioner. This Order shall become final twenty (20) days after the mailing of the notices of the entry of the Order to the parties unless either party files a written demand with the Office of the Prothonotary for a hearing de novo before the Court. DRO: R.J. Shadday xc: Petitioner Respondent Sandra L. Meilton, Esq., Emily Long Hoffman, Esq. RY TNF r0l IRT- ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT (-101 _ 5?loR Uv1 I State: Commonwealth of Pennsylvania O Original Order/Notice Co./City/Dist. o : CUMBERLAND Q Amended Order/Notice Date of Order/Notice: 10/03/11 O Terminate Order/Notice Case Number (See Addendum for case summary) O One-Time Lump Sum/Notice Employer/Withholder's Federal EIN Number RUMMEL KLEPPER & KAHL 81 MOSHER ST BALTIMORE MD 21217-4243 RE: BOLLINGER, DAVID T. Employee/Obligor's Name (Last, First, MI) 194-44-8811 Employee/Obligors Social SecuFf717u-m-Fe-r 2611100804 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 $ 0.00 per month in past-due child support $ 0.00 per month in current medical support $ 0.00 per month in past-due medical support $ 0.00 per month in current spousal support $ 0.00 per month in past-due spousal support $ 0.00 per month for genetic test costs $ 0.00 per month in other (specify) $ one-time lump sum payment for a total of $ 0.00 per month to be forwarded to payee below. -x..1 res=-=3 O hb r-n c M o C-) M;= a 777 '..y C_ N . - Czl' You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 0.00 per weekly pay period. $ 0.00 per semimonthly pay period (twice a month) $ 0.00 per biweekly pay period (every two weeks) $ 0.00 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 /D (shown above as the Employee/Obligor's Case /dentifi "R S AL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY WAIL? BY THE COURT: , L_111_,X? 0(--f S_ Arrears 12 weeks or greater? J. Wesley Oler,`Jr., Judge ? / OMB No.: 0970-0154 Form EN-028 Service Type M ??// Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS f-I If checked you are required to provide a copy of this form to your employee. If your employee works in a state that is different from the state that issued this order, a copy must be provided to your employee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable 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. 5205991120 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER: 0 THE EMPLOYEEIOBLIGOR"NO LONGER WORKS FOR: 0 EMPLOYEE'S/OBLIGOR'S NAME: BOLLINGER DAVID T. EMPLOYEE'S CASE IDENTIFIER: 2611100804 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 OMB No.: 0970-0154 Form EN-028 ADDENDUM Summary of Cases on Attachment Defendant/Obligor: BOLLINGER, DAVID T. PACSES Case Number 029104375 PACKS Case Number Plaintiff Name Plaintiff Name DORINE A. BOLLINGER Docket Attachment Amount Docket Attachment Amount 99-5368 CIVIL $ 0.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): PACKS Case Number Plaintiff Name Do kS a Attachment Amount $ 0.00 Child(ren)'s Name(s): 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): PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB DOB DOB Addendum Form EN-028 Service Type M OMB No.: 0970-0154 Worker ID $IATT LIEN SATISFACTION Name: D. Timothy Bollinger Member Number: M#2611100804 Judgment Lien Satisfied as of: 10/4/11 Amount Paid: $ Closed Signed: ))). ? ?571 (Lien Coordinator) Pacses# 029104375 No. 99-5368 Civil DR# 31585 t"3 C-1 r-nm c- =m -0 -<x> a rn c3 , r-x --4c:) C) =C D JAN 0 9 2012 (Date) CC722