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07-2503
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Michelle D'Antonio Plaintiff, Civil Action - Law vs. Anthony L. D'Antonio, Jr. Defendant, No. 67 -.2S6a } In Divorce (2i'LA %'I L(-77?? 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 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 of the Cumberland County Courthouse, I 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. Michelle D'Antonio, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, vs. Anthony L. D'Antonio, Jr. Defendant, Civil Action - Law No. C''`l - a SC33 ) ) In Divorce NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302(d) of the divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. 2 Michelle D'Antonio, vs. Anthony L. D'Antonio, Jr. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, ) ) ) Defendant, ) Civil Action - Law No. d ~f - o?s In Divorce COMPLAINT UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Michelle D'Antonio, a sui juris adult who currently resides at 120 Willow View Drive, Carlisle, Cumberland County, Pennsylvania 17013, since 1999. 2. Defendant is Anthony L. D'Antonio, Jr., a sui juris adult who currently resides at 120 Willow View Drive, Carlisle, Cumberland County, Pennsylvania 17013, since 1999. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on May 26, 1992 in New Hanover Township, Burlington County, New Jersey. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. Neither the Plaintiff nor Defendant is a minor or incompetent. 8. The Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. 9. Plaintiff requests the Court to enter a decree of divorce. 3 I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: LA I S I D-1- 1897184 Michelle D'Antonio, Plaintiff BARLEY SNYDER, LLC i Lynn MacBride, quire Attorney I.D. #53 247 Lincoln Way East Chambersburg PA 17201 (717)264-6494 Attorney for Plaintiff 4 1J 1 if 6 MICHELLE D'ANTONIO IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-2503 CIVIL TERM ANTHONY L. D'ANTONIO, JR. CIVIL ACTION -LAW Defendant IN DIVORCE NOTICE TO PLEAD To: Michelle D'Antonio c/o Stephen D. Kulla, Esquire Kulla, Barkdoll, Ullman & Painter, P.C. 9 E. Main Street Waynesboro, PA 17268 You are hereby notified to file a written response to the enclosed Defendant's Counterclaim to Plaintiff's Complaint in Divorce within twenty (20) days from service hereof or a judgment maybe entered against you. ,, BY: - -./- / Charles Rector, r6quire 1104 Fernwood Avenue, Ste. 203 Camp Hill, PA 17011-6912 (717) 761-8101 Attorney for Defendant Date: E(, / y v? MICHELLE D'ANTONIO IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-2503 CIVIL TERM ANTHONY L. D'ANTONIO, JR. CIVIL ACTION - LAW Defendant IN DIVORCE DEFENDANT'S ANSWER & COUNTERCLAIM TO PLAINTIFF'S COMPLAINT IN DIVORCE AND NOW, comes the Defendant, Anthony L. D'Antonio, Jr., by and through his attorney, Charles Rector, Esquire, and files the within Answer & Counterclaim to Plaintiff's Complaint in Divorce: Answer 1. Admitted. By way of further answer, Plaintiff resided at 120 Willow View Drive, Carlisle, Pennsylvania, at the time of the filing of her Complaint, however, she no longer resides at that address. 2. -7. Admitted. 8. - 9. No answer required. Counterclaim Count 1- Equitable Distribution 10. The prior paragraphs of this Answer and Counterclaim are incorporated herein by reference thereto. 11. Defendant requests the Court to equitably divide, distribute or assign the marital property between the parties in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Defendant respectfully requests your Honorable Court to enter an Order of equitable distribution of marital property pursuant to Section 3502(a) of the Divorce Code. Count II - Custody 12. The prior paragraphs of this Answer and Counterclaim are incorporated herein by reference thereto. 13. Defendant is seeking periods of temporary physical custody of the minor children: Tyler G. D'Antonio (age 12), Zachary J. D'Antonio (age 10) and Nicholas P. D'Antonio (age 6). The children were not born out of wedlock. The children are presently in the custody of Mother/Plaintiff, who resides at 10 Winding Hill Drive, Etters, Pennsylvania. During the past five years, the children have resided with their parents and each other at 120 and 118 Willow View Drive, Carlisle, Cumberland County, Pennsylvania. 14. The relationship of the Plaintiff to the children is that of Mother. The Plaintiff currently resides with the parties children and her sister, Lynn Esparro. 15. The relationship of the Defendant to the child is that of Father. The Defendant currently resides alone. 16. Defendant has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court, except for previously filed Protection from Abuse actions which are no longer active. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 17. The best interest and permanent welfare of the children will be served by granting the Defendant periods of temporary physical custody. WHEREFORE, Defendant requests the Court to grant him periods of temporary physical custody of the minor children. RESPECTFULLY SUBMITTED: --/- ] les Rector, squire (ID # 39121) 1104 Fernwood Avenue, Ste. 203 Camp Hill, PA 17011-6912 (717) 761-8101 Date: P111 f I verify that the statements made herein 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. -T-- 4 Anthony L. D'Ant nio, Jr. Date: i ,./a r CERTIFICATE OF SERVICE I, Charles Rector, Esquire, do hereby certify that on the day of October, 2008, I caused a true and correct copy of the within Defendant's Answer & Counterclaim to Plaintiff s Complaint in Divorce to be served upon the following persons by depositing same in first class, United States mail, postage paid, in Camp Hill, Pennsylvania: Stephen D. Kulla, Esquire Kulla, Barkdoll, Ullman & Painter, P. C. 9 E. Main Street Waynesboro, PA 17268 By: les Rector squire 1104 Fernwood Avenue, Ste. 203 Camp Hill, PA 17011-6912 (717) 761-8101 Date: t ! Y a - -Z P +* 00 a ti -1, C) 51 MICHELLE D'ANTONIO IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2007-2503 CIVIL ACTION LAW ANTHONY L. D'ANTONIO, JR. IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, October 21, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, November 25, 2008 __ at 8_30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By; _/s/ ac ueline M. Verne Es TCustody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 " l v J, of IS 'Z d { Z 130 96oz N10V z b Z006 (1) MICHELLE D'ANTONIO, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 2007-2503 ANTHONY L. WANTONIO, JR. : CIVIL ACTION - AT LAW Defendant : CUSTODY ORDER OF COURT AND NOW, this day of , 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. LEGAL CUSTODY: Mother, Michelle D'Antonio and the Father, Anthony L. D'Antomo, shall share legal custody of Tyler G. D'Antonio, born December 22, 1995, Zachary J. D'Antonio, born February 12, 1998 and Nicholas P. D'Antonio, born July 17, 2002. The parties agree that major decisions concerning the children, including, but not necessarily limited to, the children's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the children's best interests. Each party agrees not to impair the other party's rights to shared legal custody of the children. Each party agrees not to attempt to alienate the affections of the children from the other party. Each party shall notify the other of any activity or circumstance concerning the children that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the party then having physical custody. With regard to any emergency decisions which must be made, the party having physical custody of children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that party shall inform the other party of the emergency and consult with them as soon as possible. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to any party. 2. PHYSICAL CUSTODY: Mother shall have primary physical of the children subject to periods of partial custody with Father as follows: A. Alternating Weekends: Father shall have partial physical custody on alternating weekends from Friday at 6:00 p.m. until Sunday at 6:00 p.m. At Father's sole discretion, Father may choose to pick up the children on Saturday at 10:00 a.m. rather than on Friday. Father shall notify Mother by Wednesday evening prior to his custodial weekends in the event he plans to pick up the children on Saturday. Otherwise, it shall be assumed that he will picking them on Friday. In the event Father is scheduled for Air National Guard drill during his scheduled partial custody, then Mother shall have the children during Father's drill weekend and Father shall have the children the weekend immediately following the drill weekend. Otherwise, the usual custody schedule shall not be altered. Father shall provide Mother with notice of his drill weekends as soon as he receives the drill schedule. B. Weekdays: During the non-school summer months, upon 48 hours notice to Mother, Father shall have partial custody of the children one weeknight per week from after work until 8:30 p.m. C. Other times: Father may exercise additional periods of partial custody at such other times as can be arranged and mutually agreed upon between the parties. D. Substitute Visitation: In the event Father is activated to military duty and deployed for a period in excess of one month, Father's father, step-mother and brother may visit with the children for a maximum of a four-day period. Any named family member desiring to exercise custodial periods with the children shall contact Mother directly to make arrangements and Mother shall not unreasonably deny said requests. All of said visits shall occur in Cumberland, Franklin or York Counties, Pennsylvania. 3. SUMMER VACATION: Each party shall have two non-consecutive weeks of exclusive custody of the children each summer on giving of thirty (30) days notice to the other parry. A week is defined as at seven consecutive days and shall include the vacationing party's scheduled custody weekend. 4. HOLIDAYS: The parties shall share custody of the children on the following holidays: a. Memorial Day and Labor Day: Whoever has custody the weekend prior to Memorial Day or Labor Day shall keep the children until the day of the holiday at 6:00 p.m. instead of returning the children on Sunday. b. Thanksgiving: Mother shall have custody of the children in all even-numbered years and Father shall have custody in all odd-numbered years from Thanksgiving Eve at 6:00 p.m. until the Friday after Thanksgiving at 6:00 p.m. c. Christmas: Christmas shall be divided into two Blocks. Block A shall be from 2:00 p.m. Christmas Eve to 2:00 p.m. on Christmas Day. Block B shall be from 2:00 p.m. Christmas Day to 2:00 p.m. to 2:00 p.m. December 26. Mother shall have Block A in odd numbered years and Block B in even numbered years. Father shall have Block A in even numbered years and Block B in odd numbered years. In addition to Block A and B, Father shall always have an additional four (4) 2 consecutive days over the Christmas holiday, which shall include his weekend period. d. Mother's Day/Father's Day: Mother shall always have the right of partial custody on Mother's Day. Father shall always have the right of partial custody on Father's Day. The rights of partial custody shall be exercised from 9:00 a.m. until 6:00 p.m. e. Holidays and Vacation a Priori ty: The periods of partial custody for holidays, vacations, or other special days set forth in this Stipulation shall be in addition to, and shall take precedence over, but shall not alter the custody schedule. 5. TRANSPORTATION: Transportation shall be shared such that the receiving party shall transport, provided that neither parry moves more than 100 miles form the former marital residence. Neither party shall attempt to enter the other's home, without invitation of the parent, at the time of exchanges. Neither party shall approach the vehicle of the other parent at the time of exchanges. 6. ADDRESS AND PHONE NUMBERS OF PARTIES: The parties shall notify each other of any changes in telephone number or address within 72 hours of the change. Neither party may relocate outside Pennsylvania absent further Order of Court. 7. TELEPHONE CONTACT WITH CHILDREN: The non-custodial parent at any given time shall have reasonable ongoing telephone access to the children, and the children should not be precluded from telephoning the non-custodial parent at reasonable times. Both parents will encourage the children to return calls placed by the non-custodial parent. Neither party shall interfere with the other party=s telephone contacts with the children. 8. RELIGIOUS EDUCATION: Mother shall immediately enroll the children in Confraternity of Christian Doctrine (CCD or Catechism) classes and the children shall continue such enrollment and attendance through and including the sacrament of confirmation. Both parents will work with the children during their custodial periods to assure the children's success in their religious education. 9. EXTRACURRICULAR ACTIVITIES: Each parent shall provide to the other at least forty-eight (48) hours advance notice of school or other activities, whenever possible. Both parents shall agree to honor and participate in the activities that a child wishes to engage in. During the times that the parents have custody of a child, they will make certain that the child attends any scheduled extracurricular activities. The parents agree that they will be supportive of the activities and will transport the child to and from such activities and the preparations and practice for the activities that are scheduled, in such time so that the child is able to participate in those events. Neither parent shall sign up a child for an activity that falls on the other parent's period of custody, without the consent of the other parent, which consent shall not be unreasonably withheld. If a child is involved in an activity which occurs during both parents' 3 periods of custody, both parents shall cooperate in providing transportation of the child to the activity. However, the custodial parent shall not be required to take a child to that activity if the custodial parent and the child are out of town during that activity for a previously scheduled vacation. In the event that the custodial parent is unable to deliver a child to a particular activity, the parent who has custody of the child at that time shall notify the non-custodial parent, who shall be entitled to pick up and deliver the child to the designated activity. The custodial parent shall make certain that the child is ready for pickup in time sufficient to enable the child to timely attend the activity. 10. DISPARAGING REMARKS: Each of the parents and any third party in the presence of the children shall take all measures deemed advisable to foster a feeling of affection between the children and the other parent. Neither parent shall do nor shall either parent permit any third person to do or say anything which may estrange a child from the other parent, their spouse or relatives, or injure a child's opinion of the other parent or which may hamper the free and natural development of a child's love and respect for the other parent. The parents shall not use the children to convey verbal messages to the other parent about the custody situation or changes in the custody schedule. 11. AGREEMENT OF PARTIES: This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. cc:,/t hen D. Kulla, Esquire, counsel for Mc eanne B. Costopoulos, Esquire, counsel f ?. ?? ?= ?-? Wis. -- .. '-; .._?- ..w. F e%L, ? `. °,.- ""?i.fJ ;ws1 .._ tY ;s- (? 1""' ?z'i ..."? ?? C""'% MICHELLE D'ANTONIO, Plaintiff VS. ANTHONY L. D'ANTONIO, JR. Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA No. 2007-2503 : CIVIL ACTION - AT LAW : CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Tyler G. D' Antonio December 22, 1995 Mother Zachary J. D'Antonio February 12, 1998 Mother Nicholas P. D'Antonio July 17, 2002 Mother 2. A Conciliation Conference was held in this matter on November 25, 2008, with the following in attendance: The Mother, Michelle D'Antonio, with her counsel, Stephen D. Kulla, Esquire, and the Father, Anthony L. D'Antonio, Jr., with his counsel, Jeanne B. Costopoulos, Esquire. 3. The parties agreed to an Order in the form as attached. E Date acq ine M. Verney, Esquire Custody Conciliator i i , r ' i , r IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT OF PENNSYLVANIA - CUMBERLAND COUNTY Michelle D'Antonio, Civil Action - Law Plaintiff V. No. 07-2503 Anthony L. D'Antonio, Defendant In Divorce a.v.m. MOTION FOR SPECIAL RELIEF IN THE NATURE OF A PROTECTIVE ORDER NOW COMES the Plaintiff, Michelle D' Antonio, by her attorneys Kulla, Barkdoll, Ullman, & Painter, P.C. and sets forth the following: 1. The parties to this action are Michelle D'Antonio and Anthony L. D'Antonio. 2. The Plaintiff filed a divorce action in the Cumberland County Court of Common Pleas on May 1, 2007, through Attorney Lynn MacBride. The parties reconciled shortly thereafter and separated again on September 20, 2008. The original divorce action was never discontinued during the reconciliation. 3. The parties are the parents of three (3) minor children, with primary custody prevailing in the Plaintiff, as set forth in greater detail in the attached Custody Order of Court dated December 2, 2008 and marked as Exhibit 1. 4. The prevailing Order of Court re: child support, attached hereto, requires the Defendant to pay fifty-one percent (51%) of all unreimbursed medical expenses for the parties' children (after the Two Hundred Fifty Dollar [$250] threshold is met). See Exhibit 2. 5. The parties maintained the sum of Thirteen Thousand Five Hundred Thirty-Three Dollars ($13,533) in series EE savings bonds (see attached printout marked as Exhibit 3), and the sum of Three Thousand Dollars ($3,000) in Certificate of Deposit at Members First Credit Union, acquired and accumulated during the marriage, though registered in the Defendant's J 1 V d 1 1 , 1 name. 6. The parties' minor son, Zachary, is in need of orthodontic care. An Orthodontic Treatment Contract was entered into with Drs. Toothman and Barra to provide for said treatment at a fee of Five Thousand Five Hundred Dollars ($5,500). See Exhibit 4. 7. The parties discussed the need to pay for the aforementioned orthodontic treatment via email correspondence. On April 23, 2009 at 1:30 p.m., the Defendant wrote the following to the Plaintiff- I want to pay the bill..... When are you available to cash in the bonds? You are the only one stopping me from paying my half of the bill upfront. You are the obstacle. I just want the money from the bonds, this way I can make my half of the payment in full ........ I am trying to pay the orthodontist bill and am willing to cash in the bonds just as you have requested in the past... 8. On April 27, 2009, the parties proceeded to the Fulton Bank at 6520 Carlisle Pike, Mechanicsburg, Pennsylvania, for the purposes of cashing in the above referenced bonds, valued at Thirteen Thousand Five Hundred Thirty-Three Dollars ($13,53). 9. After the bonds were cashed, the Defendant immediately told the bank teller to deposit all of the funds in his personal account. Furthermore, he advised the Plaintiff that she was "getting nothing", and that he would not pay any sums toward the orthodontic services for his son, nor would he provide the Plaintiff with a copy of his military ID card, that the Plaintiff clearly needs and is entitled to. 10. It was anticipated that the Defendant would pay Two Thousand Nine Hundred Ninety-Four Dollars and Ninety-Two Cents ($2,994.92) toward the orthodontic services, since he will receive a One Thousand Dollars ($1,000) refund from his insurance provider. 11. The Plaintiff is of the belief that the Defendant may do one or all of the following: a) Spend, transfer or otherwise dispose of the Thirteen Thousand Five Hundred I I , r 1. r I Thirty-Three Dollars ($13,533) and the Certificate of Deposit worth Three Thousand Dollars ($3,000) (Said Certificate of Deposit is due to mature in June 2009.) b) Refuse to pay Fifty Percent (50%) of the cost of orthodontic services. c) Refuse to pay One-Half ('/z) of the remaining sums from the cashed-in Series EE bonds to the Plaintiff, all of which the parties agreed to. 12. The Defendant's behavior and conduct has been outrageous, obdurate, and vexatious, and has necessitated the preparation and filing of this document at the expense of Five Hundred Dollars ($500), with potential additional expenses to be incurred should the matter require a hearing. WHEREFORE, it is requested that this Honorable Court enter the attached Order or Orders. ID #59003 Kulla, Barkdoll, Ullman & Painter, P.C. 9 E. Main St. Waynesboro, PA 17268 Attorney for Plaintiff 1 VERIFICATION I verify that the statements set forth in the above document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unworn falsification to authorities. Date: L - 09 r K-? c ?s-Scx? `_ Michelle D'Antonio CERTIFICATE OF SERVICE I DO HEREBY CERTIFY that on this date I caused the foregoing Motion Requesting Scheduling Conference to be served by mailing via regular U.S. mail, postage prepaid, addressed as follows: Jeanne B. Costopoulos, Esquire Law Offices of Jeanne B. Costopoulos 5000 Ritter Road Suite 202 Mechanicsburg, PA 17055 Date: -?- (0 `09 Stephen D. Kulla Attorney for Plaintiff A41CIIELLE WANTONIO, Plaintiff VS. ANTHONY L. D'ANTONIO, JR. Defendant NOV 2 6 2008 ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 2007-2503 CIVIL ACTION - AT LAW : CUSTODY ORDER OF COURT a \ AND NOW, this 2n day of Mb , 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. LEGAL CUSTODY: Mother, Michelle D'Antonio and the Father, Anthony L. D'Antonio, shall share legal custody of Tyler G. D'Antonio, born December 22, 1995, Zachary J. D'Antonio, born February 12, 1998 and Nicholas P. D'Antonio, born July 17, 2002. The parties agree that major decisions concerning the children, including, but not necessarily limited to, the tz? children's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the children's best interests. Each party agrees not to impair the other party's rights to shared legal custody of the children. Each party agrees not to attempt to alienate the affections of the children from the other party. Each party shall notify the other of any activity or circumstance concerning the children that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the party then having physical custody. With regard to any emergency decisions which must be made, the party having physical custody of children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that party shall inform the other party of the emergency and consult with them as soon as possible. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to any party. 2. PHYSICAL CUSTODY: Mother shall have primary physical of the children subject to periods of partial custody \-vith Father as follows: A. Alternating Weekends: Father shall have partial physical custody on alternating weekends from Friday at 6:00 p.m. until Sunday at 6:00 p.m. At Father's sole discretion, Father may choose to pick up the children on Saturday at 10:00 a.m. EXHIBIT rather than on Friday. Father shall notify Mother by Wednesday evening prior to his custodial weekends in the event he plans to pick up the children on Saturday. Otherwise, it shall be assumed that he will picking them on Friday. In the event Father is scheduled for Air National Guard drill during his scheduled partial custody, then Mother shall have the children during Father's drill weekend and Father shall have the children the weekend immediately following the drill weekend. Otherwise, the usual custody schedule shall not be altered. Father shall provide Mother with notice of his drill weekends as soon as he receives the drill schedule. B. Weekdms: During the non-school summer months, upon 48 hours notice to Mother, Father shall have partial custody of the children one weeknight per week from after work until 8:30 p.m. C. Other times: Father may exercise additional periods of partial custody at such other times as can be arranged and mutually agreed upon between the parties. D. Substitute Visitation: In the event Father is activated to military duty and deployed for a period in excess of one month, Father's father, step-mother and brother may visit with the children for a maximum of a four-day period. Any named family member desiring to exercise custodial periods with the children shall contact Mother directly to make arrangements and Mother shall not unreasonably deny said requests. All of said visits shall occur in Cumberland, Franklin or York Counties, Pennsylvania. 3. SUMMER VACATION: Each party shall have two non-consecutive weeks of exclusive custody of the children each summer on giving of thirty (30) days notice to the other party. A week is defined as at seven consecutive days and shall include the vacationing party's scheduled custody weekend. 4. HOLIDAYS: The parties shall share custody of the children on the following holidays: a. Memorial Day and Labor Day: Whoever has custody the weekend prior to Memorial Day or Labor Day shall keep the children until the day of the holiday at 6:00 p.m. instead of returning the children on. Sunday. b. Thankspivinu,: Mother shall have custody of the children in all even-numbered years and Father shall have custody in all odd-numbered years from Thanksgiving Eve at 6:00 p.m. until the Friday after Thanksgiving at 6:00 p.m. c. Christmas: Christmas shall be divided into two Blocks. Block A shall be from 2:00 p.m. Christmas Eve to 2:00 pan. on Christmas Day. Block B shall be from 2:00 p.m. Christmas Day to 2:00 p.m. to 2:00 p.m. December 26. Mother shall have Block A in odd numbered years and Block B in even numbered years. Father shall have Block A in even numbered years and Block B in odd numbered years. In addition to Block A and B, Father- shall always have an additional four (4) 2 consecutive days over the Christmas holiday, which shall include his weekend period. d. Mother's Day/Father's Day: Mother shall always have the right of partial custody on Mother's Day. Father shall always have the right of partial custody on Father's Day. The rights of partial custody shall be exercised from 9:00 a.m. until 6:00 p.m. e. I-lolidavs and Vacation a Priority : The periods of partial custody for holidays, vacations, or other special days set forth in this Stipulation shall be in addition to, and shall take precedence over, but shall not alter the custody schedule. 5. TRANSPORTATION: Transportation shall be shared such that the receiving party shall transport, provided that neither party moves more than 100 miles form the former marital residence. Neither party shall attempt to enter the other's home, without invitation of the parent, at the time of exchanges. Neither party shall approach the vehicle of the other parent at the time of exchanges. 6. ADDRESS AND PHONE NUMBERS OF PARTIES: The parties shall notify each other oi'any changes in telephone number or address within 72 hours of the change. Neither party may relocate outside Pennsylvania absent ftirther Order of Court. 7. TELEPHONE CONTACT WITH CHILDREN: The non-custodial parent at any given time shall have reasonable ongoing telephone access to the children, and the children should not be precluded from telephoning the non-custodial parent at reasonable times. Both parents will encourage the children to return calls placed by the non-custodial parent. Neither party shall interfere with the other party=s telephone contacts with the children. 8. RELIGIOUS EDUCATION: Mother shall immediately enroll the children in Confraternity of Christian Doctrine (CCD or Catechism) classes and the children shall continue such enrollment and attendance through and including the sacrament of confirmation. Both parents will work Nvith the children during their custodial periods to assure the children's success in their religious education. 9. EXTRACURRICULAR ACTIVITIES: Each parent shall provide to the other at least forty-eight (48) hours advance notice of school or other activities, whenever possible. Both parents shall agree to honor and participate in the activities that a child wishes to engage in. During the times that the parents have custody of a child, they will male certain that the child attends any scheduled extracurricular activities. The parents agree that they will be supportive of the activities and will transport the child to and from such activities and the preparations and practice for the activities that are scheduled, in such time so that the child is able to participate in those events. Neither parent shall sign up a child for an activity that falls on the other parent's period of custody, without the consent of the other parent, which consent shall not be Unreasonably withheld. If a child is involved in an activity which occurs during both parents' 3 periods of custody, both parents shall cooperate in providing transportation of the child to the activity. However, the custodial parent shall not be required to take a child to that activity if the custodial parent and the child are out of town during that activity for a previously scheduled vacation. In the event that the custodial parent is unable to deliver a child to a particular activity, the parent who has custody of the child at that time shall notify the non-custodial parent, who shall be entitled to pick up and deliver the child to the designated activity. The custodial parent shall make certain that the child is ready for pickup in time sufficient to enable the child to timely attend the activity. 10. DISPARAGING REMARKS: Each of the parents and any third party in the presence of the children shall take all measures deemed advisable to foster a feeling of affection between the children and the other parent. Neither parent shall do nor shall either parent permit any third person to do or say anything which may estrange a child from the other parent, their spouse or relatives, or injure a child's opinion of the other parent or which may hamper the free and natural development of a child's love and respect for the other parent. The parents shall not use the children to convey verbal messages to the other parent about the custody situation or changes in the custody schedule. 1 l . AGREEMENT OF PARTIES: This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT. S A.71 cc: Stephen D. Kulla, Esquire, counsel for Mother Jeanne B. Costopoulos. Esquire, counsel for Father In Testirncny whereo;, 1 rc .re uu 'E,o s:, t my hand a? he seal of sal Cour t Carlisle, Pa. T i da of.1C.?'... MICHELLE D'ANTONIO, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOMESTIC RELATIONS SECTION ANTHONY L. D'ANTONIO, JR., PACSES NO. 971109125 Defendant DOCKET NO. 318 SUPPORT 2007 co ?? J T1 INTERIM ORDER OF COURT -0 SAND NOW, this 28th day of January, 2009, upon consideration of th6?pportw, Masters Report and Recommendation, a copy of which is attached hereto as Exhibit "A", it is ordered and decreed as follows: A. The Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit as support for his children, Tyler G. D'Antonio, born December 22, 1995, Zachary J. D'Antonio, born February 12, 1998, and Nicholas P. D'Antonio, born July 17, 2002, the sum of $990.00 per month. B. The Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit the additional sum of $30.00 per month on arrearages. C. The Defendant shall pay directly to the Plaintiff 24% of net bonuses hereafter received from his employer within 10 days of receipt thereof together with written documentation verifying the amount of said bonuses. D. The Defendant shall provide health insurance coverage for the benefit of said children as is available to him through employment or other group coverage at a reasonable cost. E. The monthly support obligation includes cash medical support in the amount of $250.00 annually for unreimbursed medical expenses incurred for each child. Unreimbursed medical expenses of the children that exceed $250.00 annually shall be allocated between the parties. The party seeking allocation of unreimbursed medical expenses must provide documentation of expenses to the other party no later than March 31" of the year following the calendar year in which the final medical bill to be allocated was received. The unreimbursed medical expenses are to be paid as follows: 51 % by Defendant and 49% by Plaintiff. F. The effective date of this order is October 15, 2008. IMPORTANT LEGAL NOTICE PARTIES MUST WITHIN SEVEN DAYS INFORM THE DOMESTIC RELATIONS SECTION AND THE OTHER PARTIES, IN WRITING, OF ANY EXHIBIT MATERIAL CHANGE IN CIRCUMSTANCES RELEVANT TO THE LEVEL OF SUPPORT OR THE ADMINISTRATION OF THE SUPPORT ORDER, INCLUDING, BUT NOT LIMITED TO, LOSS OR CHANGE OF INCOME OR EMPLOYMENT AND CHANGE OF PERSONAL ADDRESS OR CHANGE OF ADDRESS OF ANY CHILD RECEIVING SUPPORT. A PARTY WHO WILLFULLY FAILS TO REPORT A MATERIAL CHANGE IN CIRCUMSTANCES MAY BE ADJUDGED IN CONTEMPT OF COURT, AND MAY BE FINED OR IMPRISONED. PENNSYLVANIA LAW PROVIDES THAT ALL SUPPORT ORDERS SHALL BE REVIEWED AT LEAST ONCE EVERY THREE (3) YEARS IF SUCH REVIEW IS REQUESTED BY ONE OF THE PARTIES. IF YOU WISH TO REQUEST A REVIEW AND ADJUSTMENT OF YOUR ORDER, YOU MUST DO THE FOLLOWING: CALL YOUR ATTORNEY. AN UNREPRESENTED PERSON WHO WANTS TO MODIFY (ADJUST) A SUPPORT ORDER SHOULD CONTACT THE DOMESTIC RELATIONS SECTION. ALL CHARGING ORDERS FOR SPOUSAL SUPPORT AND ALIMONY PENDENTE LITE, INCLUDING UNALLOCATED ORDERS FOR CHILD AND SPOUSAL SUPPORT OR CHILD SUPPORT AND ALIMONY PENDENTE LITE, SHALL TERMINATE UPON DEATH OF THE PAYEE. A MANDATORY INCOME ATTACHMENT WILL ISSUE UNLESS THE DEFENDANT IS NOT IN ARREARS IN PAYMENT IN AN AMOUNT EQUAL TO OR GREATER THAN ONE MONTH'S SUPPORT OBLIGATION AND (1) THE COURT FINDS THAT THERE IS GOOD CAUSE NOT TO REQUIRE IMMEDIATE INCOME WITHHOLDING; OR (2) A WRITTEN AGREEMENT IS REACHED BETWEEN THE PARTIES WHICH PROVIDES FOR AN ALTERNATE ARRANGEMENT. UNPAID ARREARAGE BALANCES MAY BE REPORTED TO CREDIT AGENCIES. ON AND AFTER THE DATE IT IS DUE, EACH UNPAID SUPPORT PAYMENT SHALL CONSTITUTE, BY OPERATION OF LAW, A JUDGMENT AGAINST YOU, AS WELL AS A LIEN AGAINST REAL PROPERTY. IT IS FURTHER ORDERED THAT, UPON PAYOR'S FAILURE TO COMPLY WITH THIS ORDER, PAYOR MAY BE ARRESTED AND BROUGHT BEFORE THE COURT FOR A CONTEMPT HEARING; PAYOR'S WAGES, SALARY, COMMISSIONS, AND/OR INCOME MAY BE ATTACHED IN ACCORDANCE WITH LAW. PAYOR IS RESPONSIBLE FOR COURT COSTS AND FEES. The parties are hereby advised that they may file written exceptions to the Support Master's Report and Recommendation within twenty (20) days of this order. Exceptions shall conform with the requirements of Rule 1910.12(f), Pa. R.C.P. If written exceptions are filed by any party, the other party may file exceptions within twenty (20) days of the date of service of the original exceptions. If no exceptions are filed within twenty (20) days of this interim order, this order shall then constitute a final order. Cc: Michelle D'Antonio Anthony L. D'Antonio, Jr. Stephen D. Kulla, Esquire For the Plaintiff Jeannie Costopoulos, Esquire For the Defendant By t Court, Kevin A. Hess, J. DRO MICHELLE D'ANTONIO, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOMESTIC RELATIONS SECTION a ANTHONY L. D'ANTONIO, JR., PACSES NO. 971109125 Defendant DOCKET NO. 318 SUPPORT 2007'; -' o N -coo co SUPPORT MASTER'S REPORT AND RECOMMENDATIQ -7l Following a hearing held before the undersigned Support Master on x w January 27, 2009, the following report and recommendation are made: FINDINGS OF FACT 1. The Plaintiff is Michelle D'Antonio, who resides at 10 Winding Hill Drive, Etters, Pennsylvania. 2. The Defendant is Anthony L. D'Antonio, Jr., who resides at 118 Willow View Drive, Carlisle, Pennsylvania. 3. The parties are married but separated. 4. The parties are the parents of three minor children, Tyler G. D'Antonio, born December 22, 1995, Zachary J. D'Antonio, born February 12, 1998, and Nicholas P. D'Antonio, born July 17, 2002, all of whom reside with the Plaintiff. 5. On October 15, 2008 the Plaintiff filed a complaint for support of said children. 6. The Plaintiff is employed as the Director of Education for the Montessori Academy of Chambersburg, a private school. 7. The Plaintiff has a gross bi-weekly income of $1,631.27. 8. The Plaintiff files her federal income tax return as head of household and claims the three children as dependency exemptions. 9. The Defendant is employed by Centerpoint Engineering, Inc., where he has a gross bi-weekly income of $1,685.37. 10. The Defendant is a member of the Pennsylvania National Guard. 11. The Defendant had gross income from the National Guard in 2007 of $6,359.20. EXHIBIT "A" 12. The Defendant's income from the National Guard for the period of January through October, 2008 was $5,999.39. 13. The Defendant receives $117.00 per month in VA disability benefits. 14. The Defendant receives periodic bonuses from Centerpoint Engineering. 15. The Defendant's tax filing status is married/separate. 16. The children have been enrolled in the Montessori Academy of Chambersburg since each was in kindergarten and are currently in grades 7, 5 and 1. 17. After financial aid grants to each child, the total annual tuition for the children to attend Montessori Academy is $7,575.00. 18. Because the children attend the Montessori Academy where the Plaintiff is employed, the Plaintiff incurs no childcare expenses. 19. Prior to their separation the parties agreed that the children would complete their education through grade 8 at the Montessori Academy. 20. The Defendant provides health insurance coverage on the family at a cost of $283.35 per month. 21. The Defendant is residing in the marital residence which is encumbered by a mortgage. 22. The monthly mortgage payments are $1,340.00. 23. The Plaintiff is voluntarily paying one-half of the monthly mortgage payment to the lender. DISCUSSION Both-parents have an obligation to support their children inaccordance with their relative incomes and ability to pay. Depp v. Holland, 636 A.2d 204 (Pa. Super. 1994). The Plaintiff has gross monthly income of $3,534.00. Filing her federal income tax return as head of household with three children claimed as dependency exemptions, she has net monthly income for support purposes of $3,117.00.1 The Defendant has gross monthly income, including his wages from employment, his earnings from service in the National Guard, and his VA disability benefits, of $4,262.00. Filing his federal income tax return as married/separate would result in net monthly income for support purposes of $3,214.00. ' See Exhibit "A" for the credits to and deductions from gross income. 2 With combined net monthly income of $6,331.00 the basic requirement for the support of three children is $1,588.00 per month.2 The Defendant's proportionate share of that amount is $806.00. The major issue of contest in this case involves the private school tuition incurred for the children to attend Montessori Academy of Chambersburg. Pa. R.C.P. 1910.16-6(d) provides: Private School Tuition. Summer Camp. Other Needs. The support schedule does not take into consideration expenditures for private school tuition or other needs of a child which are not specifically addressed by the guidelines. If the court determines that one or more such needs are reasonable, the expense thereof shall be allocated between the parties in proportion to their net incomes. The obligor's share may be added to his or her basic support obligation. The evidence is clear that the three children have attended a private school since first entering school. The oldest is now in 7th grade, the middle child in 5th grade, and the youngest in 1St grade. The Defendant does not dispute that prior to separation the parties agreed to the attendance of the children in the Montessori Academy through completion of 8t grade. Obviously they viewed this as a reasonable need of the children when the family was intact. It is only after the separation the Defendant now argues that the children should attend public school. With the children attending the Montessori Academy of Chambersburg, where the Plaintiff is employed, no childcare expenses are incurred. The Plaintiff introduced evidence that childcare costs of $646.00 per month would be incurred during the school year if the children attended public school. Because of the agreement of the parties that the children attend Montessori Academy, the history of the children's school attendance at Montessori Academy, and the savings in childcare expenses, the need for the children to continue attending Montessori Academy is deemed reasonable. The cost thereof will be included in the support obligation.3 After adjustments for private school tuition and health insurance coverage on the children provided by the Defendant, a support obligation under the guidelines is $1,015.00 per month.4 Because the Defendant is providing health insurance coverage on the Plaintiff, for whom he has no support obligation, a downward deviation to $990.00 per month is recommended. Because receipt of future bonuses by the Defendant cannot be determined at this time, a provision will be made that should he receive bonuses in the future, a percentage thereof will be paid directly to the Plaintiff and not through the Pennsylvania State Collection and Disbursement Unit. z See Pa. R.C.P. 1910.16-3. 3 For a thorough discussion of private school tuition as it relates to child support see Gibbons v. Kuele, 908 A.2d 916 (Pa. Super. 2006). 4 See Exhibit "B" for the guideline calculation. 3 a RECOMMENDATION A. The Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit as support for his children, Tyler G. D'Antonio, born December 22, 1995, Zachary J. D'Antonio, born February 12, 1998, and Nicholas P. D'Antonio, born July 17, 2002, the sum of $990.00 per month. B. The Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit the additional sum of $30.00 per month on arrearages. C. The Defendant shall pay directly to the Plaintiff 24% of net bonuses hereafter received from his employer within 10 days of receipt thereof together with written documentation verifying the amount of said bonuses. D. The Defendant shall provide health insurance coverage for the benefit of said children as is available to him through employment or other group coverage at a reasonable cost. E. The monthly support obligation includes cash medical support in the amount of $250.00 annually for unreimbursed medical expenses incurred for each child. Unreimbursed medical expenses of the children that exceed $250.00 annually shall be allocated between the parties. The party seeking allocation of unreimbursed medical expenses must provide documentation of expenses to the other party no later than March 31 s' of the year following the calendar year in which the final medical bill to be allocated was received. The unreimbursed medical expenses are to be paid as follows: 51 % by Defendant and 49% by Plaintiff. F. The effective date of this order is October 15, 2008. Wie ;,./I r ?\ Michael R. Rundle Support Master 4 In the Court of Common Pleas of Cumberland County, Pennsylvania Tax Detail Report Plaintiff Name: Michelle D'Antonio Defendant Name: Anthony L. D'Antonio, Jr. Docket Number: 318 S 2007 PACSES Case Number: 9711091.25 Other State ID Number: Tax Year: Current: 2008 _ De tidan#=¢ 6int1w 1. Tax Method 1040 ES 1040 ES 2. Fling Status Married Filing Se aratel Head of Household 3. Who Claims the Exemptions Obligee 4. Number of Exemptions 1 4 5. Monthly Taxable Income $4,181.50 $3,534.40 6. Deductions Method 7. Deduction Amount $454.17 $666.67 8. Exemption Amount $291.67 $1,166.68 9. Income MINUS Deductions and Exemptions $3,435.66 $1,701.05 10. Tax on Income $554.23 $207.45 11. Child Tax Credit - $249.99 12. Manual Adjustments to Taxes _ _ 13. Federal Income Taxes $554.23 13 a. Earned Income Credit _ _ 14. State Income Taxes $132.14 $111.69 15. FICA Payments $319.88 $270.38 16. City Where Taxes Apply 17. Local Income Taxes $41.82 $35.34 TOTAL Taxes $1,048.07 $417.41 SupportCalc 2007 EXHIBIT "A" Iti the Court of Common Pleas of Cumberland County, Pennsylvatnia Support GuidelineWorksheet Ruie 1910,16-1, et sea, Defendant Name: Anthony L. D'Antonio, Jr. Docket Number: 318 S 2007 PACSES Case Number: 971109125 Plaintiff Name: Michelle D'Antonio Other Case ID Number: _ Defendant Plain#ff 1. Number of Dependents in this Case 3 ` 2. Total Gross Monthly Income 3. Less Monthly Deductions $4,262.20 $1,048.07 $3,534.40 $417.41 4. Monthly Net Income Line 2 minus Line 3 $3,214.13 $3,116.99 5. Combined Total Monthly Net Income Amounts on Line 4 Combined $6,331•.12 6. Plus Child's Monthly Soc. Sec. Retirement or Disability Derivative Benefit. - 7. Adjusted Combined Total Monthly Net Income _ 8. PRELIMINARY Child Support Obligation based on Adjusted Income Line 7 - 9. Less Child's Monthly Social Security Retirement or Disability Derivative Benefit Line 6 (-) - 10. Basic Child Support Obligation From Rule 1910.16-3 Basic Child Support Schedule Table Rev. 112006 $1,588.00 11. Net Income as a Percents a of Combined Amount 50.77 49.23 12. Each Parent's Monthly Share of the Child Support Obligation $806.23 $781.77 13. Adjustment for Shared Custody Rule 1910.16-4 c # of Overni hts: - - 14. Adjustment for Child Care Expenses Rule 1910.16-6 a - 15. Adjustment for Health Insurance Premiums Rule 1910.16-6 b -$111.60 16. Adjustment for Unreimbursed Medical Expenses Rule 1910.16-6 c - 17. Adjustment for Additional Expenses Rule 1910.16-6 d $320.51 18. Total..Obli ation with Adjustments Line 8 minus Line 9, plus Lines 10, $1,015.14 19. Less Split Custody Counterclaim Rule 1910.16-4 d - 20. Obligor's Support Obligation Line 14 minus Line 15 $1,015.14 Prepared by: mrr Date 1I77/gnna - - Summary Report 51. PACSES Multiple Family Adjustment _ S2. Spousal Support Award _ S3. Adjustment for Excess Mortgage Payments (If Applicable) - S4. Custodial Parent Spousal Support Obligation (if Applicable) S5. Adjusted Support Obligation Line 16 (or S1, if applicable) plus Line S2 and S3 minus S4 (if applicable) Monthly: $1,015.14 Weekly: $233.63 TAX INFORMATION Tax Method Filin Status Exem tions S6. Defendant 1040 ES Married Filing Separately 1 S7. Plaintiff 1040 ES Head of Household 4 S8. Total Support Amount if Deviating from Guidelines Calculation Monthly: Weekly: S9. Justification for Deviating from Guidelines Calculation and/or Other Case Comments: SupportCak Zoos EXHIBIT "B" Calculated Value of Your Paper Savings Bond(s) F m40442229ee;rr602;598;593;593] EF-EE;EE;EEEE;E 1000;1000;1000; 500.00;500.00;50 764.00;789.20;81 0.00;25.20;26.00:1264.00;1289.20: 4.00;4.00;4.00;4. 818;820;821;821:162;958;953;953: ; 816 11 Partial 1 RETURN TO SAVINGS BOND CALCULATOR Y Calculator Results for Redemption Date 04/2009 Total Price Total Value Total Interest YTD Interest $5,100.00 $13,533.04 $8,433.04 $155.20 Bonds: 1-11 of 11 Serie Deno Serial # Next Final Intere Issue Issue Interest st Accru Maturit Not Value s m Price Date al y Rate e 6119080e EE $200 11/199 5/200 11/2021 $100.00 $147.84 4.00% $247.84 e m32861227 EE $1,00 06/198 06/200 06/2019 $500 00 $868 00 4 00% $1,368.0 ee 0 . . . 9 9 0 m32861229 EE $1,00 06/198 06/200 06/2019 $500 00 $868 00 4 00% $1,368.0 ee 0 . . . 9 9 0 m32861228 EE $1,00 06/198 06/200 06/2019 $500 00 4 00% 00 $868 $1,368.0 ee 0 . . . 9 9 0 m39299078 EE $1,00 10/199 10/200 10/2020 $500 00 $815 20 4 00% $1,315.2 ee 0 . . . 0 9 0 m35977582 EE $1,00 01/199 07/200 01/2020 $500 00 $841 20 4 00% $1,341.2 ee 0 . . . 0 9 0 m36617383 EE $1,00 01/199 07/200 01/2020 $500 00 $841 20 4 00% $1,341.2 ee 0 . . . 0 9 0 m39042603 EE $1,00 09/199 09/200 09/2020 $500 204 00% 00 $815 $1,315.2 ee 0 . . . 0 9 0 m39042602 EE $1,00 09/199 09/200 09/2020 $500 20 4 00% 00 $815 $1,315.2 ee 0 . . . 0 9 0 m39493477 EE $1,00 02/199 08/200 20 4 00% 00 $789 02/2021 $500 $1 289.2 ' ee 0 . . . 1 9 0 m40442229 EE $1,00 06/199 06/200 06/2021 $500 00 $764 00 4 00% $1,264.0 ee 0 . . . 1 9 0 Totals for 11 Bo nds $5,100.0$8,433.0 0 4 $13,533. EXHIBIT 04 3 Notes NI Not Issued 'Nx Drs. Toothman & Barra € RTHOD0N'TIC TREATMENT CONTRAC7 Thz$ agreement, Glade this day of t 20? bttween - i (Res-ponsibie Parry), for orthod ntie services be perforined on { (Hereinafter referred to as the Patient), and Drs, Toothman and Barra, P.A. {htr chlaft r re T`? f?:rt?d H). u?) as The fee for orthodontic service is $ 9This fee is inclusive for t1tt:, fallowing servit.?,s: Diagnostic Records, case analysis and consultation. Orthodontic appliance: insertiun, and er:tive treatment visits, appliance removal and placement of appropriate retention devices wild rest ID-Ull follow up visits. 1- TI.$ a*gftis t0 Pr-vide orthodontic services to the Patient and the Patient/ Responsible Party agrees to pay fsr sad sef"etg In the amount sei forth in Paragraph 2, 2. FEDERAL TRUTH IN LENDING DISCLOSURE STATEMINT FOR PROFESSIONAL SERVICES R-ENDERED. Fie for A rah dontici services... less Diagt?t?tic RtcOrds and Consultation tee ........ . ' ...$ initial sta;tins i3xyment............ Due r due due Hess any discounts gr essiiit5. _. - - L'rtpaid balance (ante3tratt financed)... The unpaid balanct will be financed by T &B and paid in _ installinew.. payments at C1% firrarrce. charge by the Responsible Party in the following manner-- Am Fiamiced........ =° mo= due by iou' ofevery rzlonth.,... Numbet' of nxintbly payrr;rttts....... ............. ,tiual ur=th!Y payittettt {'fdif#ere ) tit ................. . .............. tit'(lJ) ....... Estimated insurance bent ............. ... ' First Payment due...... , . ............ .............................. Final payment due ... . . . Bate .... ............. ...........................Base The payments to be made by the Patient/Responsible Party are in no way related to the frequency C11' the treztment visits nor to the length of said treatment, The installment payment plan is established only as a convenience to the Responsible Party, 4 As long as each and every payment is made as it conics due, no additional interest will be charged, Addition-al'Y, -no mni iiiy stetemen ; wiii be Beni to the Paticriili?cS?7fj[jJi?3ie tPSt iy. %i cOUI)U13 DOUIC DUI' payments wiii be i&su.ed on the date, Whirm the appiiance:s are inserted, 81 N. ?dgttwuod Drive, Hatcrstuwil, ML) Z ii4U • iJi-lqi-i! J3 j A*A&44 G. T-gQthman. A.M.D. MemtJers tltf LUMATUAMERICAN BOARD z ?? f mc-rican Assuciavtkr + ;#J _? OF ORTHODONTICS Qrdwid Mists C}f„jfa6 f-!;li41'h+; YN EXHIBIT rs +tiAfl4?i 10T OF tom, r, Drs. Toothman & Barra 3 Ill ilzs es=ant the PanenttReiponsiWe Fatty fails to make the monthly payttient within 10 days air the dear,late, them T dir. 13 may assess a $25.00 charge per month on each payment in a?rtArs. In the evrest it is necessary that T & 8 irrstitme an action for collection, the PatiendResponsibbl Parryagr4xz to be, liable for all coileeuo3n/attmmey's flees, the outstanding invoice amount, a pruces3ing fce of 33 1/1 fir„ of the invoice amount and all interest charges, late fees and coup costs. 6, The fee quoted -above covers all routine: appliances and appoinunents. All general d4wal Pr ;dares {extmetions, gleaning, restorations, surgery, composite buildups, ci-Dw ra, ptosthebe appliances, etc.} are not included within the above-indicated obArges- Any cotttpiic:ations exttncling tr'ea lent unnecessarily (poor patient cooperation, missed appointrwas, lost or datttaged 'appliances, ttccessive breakage, etc:) will require a reevaluation of the mural fee and pusaNy necessitate addiftnai charges to cover the increased expenses for tTc a4b ak. Thew changes. will Ise: discussed prior to being charged, 7- In tip dint trta4ment is terminated before completion of planned services, the bola,: e 4= 17 &.B or rzfund due P-auttstr'Responsible Pasty will be calculated by the following fornnila- Transler out within the first b months: Patient owes T& 13 Transfer out within _zW onths: Patient owes T & E 75of te€ - _ - Transfer Out within _-to _months: Patient owes T & B of €ee _ 'iiarlO ftcr -.43 months to point of retention- Patient owns T 4 B < -%T fev= S. The Patient, by their signature below, or if a tr;inor, by their Responsible Party, iigrees that they have read and understatuix the above contact and further agrees to mfik-c payments as they collie due, 9. Thr Patient, by their signature below, or if a minor, by their Responsible Party, agme that by saoiing this F:orttraci, that pe€ nission is granted for orthodontic treatment. 10. I understated that i amresp is ble for any monies not paid by the insurance on the estimated benef t- Si c___-__ •- Date I HUEBY 'TITS' that I have aad and received a copy of the foregoing Disclosure Statement this ?day of Signarzte of Patient cat Rtsponsibie Party DRS. TOf7`I'P3it'IAN & .BARItA, P.A. BY: DA . _ i.. J .. ,I ,. 63 -...__+6. f.. Wyy E 'ts' -,! 8( lq EdZ.ewood Drive- D.D.S., M.S. #la?a? G. Tact-acme,. D :M.? OWLO?`Tr AMEl CAN BUAKLj Or. ORTHODpN'TICS T#totRas #. Marra: McI,t17Cr5 , : ())j* h0 AMri+ICAN Bt?AMtG OF :? Asnesscass Ac?a,urr=.ai w? pf UKiF 1is0i;7Niss., ?£F}7Dtlilrllibts ? v f Ears. Toothman & Barra' 7ow, A Patient Name: ?,/> OFFICE POLI FOR DELINQUENT ACCOUNTS I. All accounts will be considered delinquent after the 2V of the month, at, Which time a late. fee of $25.00 will be charged. 2. If the account should become thirty (30) day's delinquent, you will be notified by certified letter that we are discontinuing active treatment until the account is brought to current status. We will continue to treat emergencies that might arise during this time:.. 3. You will then be given the following options to consider during the next thirty (30) days (a total of sixty (60) days from the time the "-?count is considered delinquent). a. You may seek the services of another orthodontist. b. You may discuss with the financial secretary a revised method of payment, which would keep you varrert. You will be asked to sign this new paytrsent plan. C. You may ask for the appliances to be removed. We will remove the appliances only with 3 Written request and a signed statement releasing us from all responsibilities pertaining to future dental and orthodontic problems. 4. if you fail tO Pursue any of these options within the next thirty (34) days (a total of ninety (90) days front the time the account is considered delinquent), we will consider ourselves relieved of any and all responsibilities pertaining to future dental and orthodontic problems. I have read and understand the above statements. Patient Signature; - "? (Upubent is a nunor, rarent or (juardian's signature) Wtitness: • Date: Date: d` 81 N. Edgewcod Drive, 1-4aserstown, Nil 21 740 - 3C 1.'79 1-177 (1 1 wi-I LioC(%In V. kio Ec se. 7 263-59 16 Ronald G. Ta?rt3=mars, I?,M.F}, DIRICIAIAQ. AMERICAN' SCta80 OF ORTHODONTICS Aviemh&4 s leamas I. Barra, D.D.S., M.S, American A5suciation of 01P1 f1AtArE, SAtE13lL:A,N t3Cta U Orthodontists of QRT! 1000N K.,S FILED-t„Iff,,Cg' OF THE P'NOTARY 2009 MA Y - 7 Ph-12:46 ry CUC; f Lt?i?y t`L'4 °+v+i MICHELLE D'ANTONIO, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. ANTHONY L. D'ANTONIO, DEFENDANT 07-2503 CIVIL TERM ORDER OF COURT AND NOW, this L\ day of May, 2009, IT IS ORDERED that a hearing shall be conducted on the within motion for special relief on Friday, June 12, 2009, at 10:00 a.m., in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania. Pending said hearing and further order of court, Anthony D'Antonio shall not dissipate any of the funds received from cashing in bonds and he shall not cash-in the certificate of deposit from the Members 1St Credit Union that is scheduled to mature in June, but shall continue to keep those sums in the certifi By We' II ., Stephen D. For Plaintiff Kulla, Esquire Edgar B" 4yley, J. ? Jeanne B. Costopoulos, Esquire For Defendant sal 12TI z-//;L/o9 'z= ri CO) LIJ r ` Q- E3 wt °, IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT OF PENNSYLVANIA - CUMBERLAND COUNTY Michelle 'Antonio, Civil Action - Law Plaintiff Anthony L V. No. 07-2503 D'Antonio, Defendant In Divorce a.v.m. VERIFICATION OF SERVICE I, Court date filed May Iv that false unsworn i Date ;phen D. Kulla, Esquire, hereby certify that on May 15, 2009 I served an Order of May 11, 2009, and a Motion for Special Relief in the Nature of a Protective Order, 2009, on the following listed persons via regular U.S. Mail: Anthony L. D'Antonio 2770 White Church Rd. Chambersburg, PA 17202 ify that the statements made in this Verification are true and correct. I understand ttements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904, relating to sification to authorities. 0jolog '1? v Y) L7LGF11G11 1J. 11LL11LL7 !'1LLV111V.' 1V1 1 111111L111 i=iLED r 2009 HAY 21 N 1 I : 18 5 MICHELE ['ANTONIO Plaintiff V. ANTH NY L. ['ANTONIO, JR. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-2503 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE PRAECIPE TO WITHDRAW APPEARANCE withdraw my appearance on behalf of the Defendant, Anthony L. Jr., in the above-captioned matter. (6harles RectoF, squir Date: PRAECIPE TO ENTER APPEARANCE enter my appearance on behalf of the Defendant, Anthony L. ['Antonio, Jr., in the above-captioned matter. Mark F. Bayley, Esquire.--/ 17 W. South Street Carlisle, PA 17013 C)g(717) 241-2446 q__, Date: l J MICHELLE D'ANTONIO Plaintiff VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-2503 CIVIL TERM L. D'ANTONIO, JR. Defendant CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, attorney for Defendant do hereby certify that I this day served a copy of toe foregoing document upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Charles Rector, Esquire 1104 Fernwood Ave., Suite 203 Camp Hill, PA 17011 Steven Kulla, Esquire 9 E. Main St. Waynesboro, PA 17268 Mark Bayley, Esquire Attorney for Defendant Dated: FILE, OF THEZ 2009 MAY 21 Fill 3": 24 a t_ ,' MICHELLE D'ANTONIO IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. ANTHONY L. D'ANTONIO NO. 2007 - 2503 CIVIL TERM ORDER OF COURT AND NOW, this 26TH day of MAY, 2009, the hearing on the motion for special relief scheduled for Friday, June 12, 2009, at 10:00 a.m. is rescheduled for FRIDAY, JUNE 5, 2009, at 10:00 a.m. in Courtroom # 3, Cumberland County Courthouse, Carlisle, Pa. Edward E. Guido, J. tephen D. Kulla, Esquire 9 East Main Street Waynesboro, Pa. 17268 VM"ark F. Bayley, Esquire 17 West South Street Carlisle, Pa. 17013 :sld t ':± 'L 6 007 MICHELLE D'ANTONIO, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. ANTHONY L. D'ANTONIO, :07-2503 CIVIL TERM Defendant ORDER OF COURT AND NOW, this day of , 2009, upon stipulation by the parties, it is hereby directed that: 1. The previous order entered on May 11, 2009 is vacated. 2. The funds relating to bonds currently in Defendant's possession shall be distributed equally between the parties. Defendant shall forward the sum of $6,766.52 (half of $13,533.04) to Plaintiffs counsel no later than Friday, June 5, 2009. It is understood by the parties that said distribution is not final and may be considered in any future equitable distribution plan and that Defendant has not waived his ability to challenge whether or not all or a portion of said funds are marital property and subject to equitable distribution. 3. The certificate of deposit currently being held at Members 1st Credit Union in the approximate amount of $3,000. shall not be disturbed by either party until the parties agree otherwise or upon further order of court. 4. Defendant shall immediately assume temporary exclusive possession of the marital residence at 118 Willowview Drive, Carlisle, until the parties agree otherwise or upon further order of court. Plaintiff is not permitted on said property; Defendant shall not transfer, discard or destroy any marital property contained on the property until the parties agree otherwise or upon further order of court. Plaintiff pulling up to the curb of the residence in order to exchange children would not put Plaintiff on the property and shall not be deemed a violation of this order. 5. Plaintiff shall not transfer, discard, or destroy any marital property in her possession until the parties agree otherwise or upon further order of court. 6. The marital residence shall be listed for a period of thirty days at $215,900; if the residence has not sold by that time either party may apply to the court to alter the price based upon fair market value and other relevant factors. The parties have agreed that the realtor will report immediately back to Plaintiff with regard to any condition caused by Defendant or activity by Defendant on the property which negatively effects the marketability of the property. 7. Based upon stipulation by the parties and the entry of the within order, the hearing currently scheduled for June 5, 2009 is cancelled. BY T OURT: Honorable Edward E. Guido Zark Bayley, Esq. _: Steven Kulla, Esq. C Iles A ltLrL 1. s?oq VIWA'VSNtSd AiNnC`? ? 3M O S :ZI WJ S- Nor Z lMOWHiO8d 3HL ?O 30iL4D-(MW IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTI?ICT QF PENNSYLVANIA - CUMBERLAND COUNTY CAL _.r? o Michelle DiAntonio, Civil Action - Law {- Plaintiff cr. ti' V. No. 07-2503 Anthony L. D'Antonio, Defendant In Divorce a.v.m. OBJECTION TO SUBPOENA PURSUANT TO RULE 4009.21 Michelle D' Antonio, Plaintiff in the above referenced matter objects to the proposed subpoena that is attached to these Objections for the following reasons: 1. The documentation requested is irrelevant to the proceedings pending before this Court, in that it seeks financial information for a period of 18 months post separation. The only applicable banking documentation in this concern relates to before and at the time of separation. 2. The Plaintiff's ability to save funds or manage her finances, at this point, is not documentation that the Defendant is entitled to or needs to possess. Respectfully submitted, Z U. ?S?' Stephen D. Kulla ID #59003 Kulla, Barkdoll, Ullman & Painter, P.C. 9 E. Main St. Waynesboro, PA 17268 Attorney for Plaintiff CERTIFICATE OF SERVICE I DO HEREBY CERTIFY that on this date I caused the foregoing Objection to Subpoena to be served by mailing via regular U.S. mail, postage prepaid, addressed as follows: Mark Bayley, Esquire Bayley & Mangan 17 West South St. Carlisle, PA 17013 Date: 3 - 15 ( v 'QJ (-) • CS? Stephen D. Kulla Attorney for Plaintiff BAYLEY & MANGAN Mark F. Bayley, Esquire Attomey I.D. #: 87663 17 West South Street Carlisle, PA 17013 (717) 241-2446 MICHELLE D'ANTONIO, Plaintiff V. ANTHONY L. D'ANTONIO, JR. Defendant Zala?p? -s Qr? 3-32 cur,` J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA No. 07 - 2503 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE MOTION FOR RULING ON OBJECTION TO SUBPOENA PURSUANT TO RULE 4009.21 AND NOW comes Defendant by and through his counsel, Mark F. Bayley, and moves as follows: 1. The Honorable Edward E. Guido has previously been involved with the above captioned matter. 2. Plaintiff (hereafter "Wife") filed her divorce complaint on May 1, 2007. 3. The parties finally separated around the beginning of October 2008. 4. Defendant (hereafter "Husband") filed his answer to the complaint and counter-claim for equitable distribution on October 16, 2008. 5. On March 8, 2010, Husband forwarded to Wife notice of intent to serve two subpoenas; the first directed at Members 1St Bank and the second directed at Montessori Academy of Chambersburg (Attached as Exhibit A and B). 6. Wife has held a Member's First checking account solely in her name from prior to the parties' final separation to present. 7. Husband's subpoena directed at Member's 0 Bank requests "account balance history of [Wife], account no. 340269 concerning the period of time from January 1, 2008 to present." 8. Wife has long been employed by Montessori Academy of Chambersburg. 9. Husband's subpoena directed at Montessori Academy of Chambersburg requests "Any and all documents listed below of [Wife] concerning the period of time from January 1, 2008 to present. 1) Any and all documents and statements concerning any and all 401 K plan, retirement plan, pension plan, deferred compensation plan, or any other like kind of retirement vehicle/plan in which [Wife] was a participant or recipient of such employment benefit. 2) Any and all bonuses received from January 1, 2008 to present in addition to base wage." 10. Plaintiff timely filed her Objection to Subpoena pursuant to Rule 4009.21 (attached as Exhibit C); it is unclear whether or not the objection refers to one or both of the subpoenas and undersigned counsel assumes that it applies to both since opposing counsel has not responded to the undersigned's inquiry to him on this issue. 11. Defendant believes that the requested items are relevant to the subject matter involved in the pending action and/or are reasonably calculated to lead to the discovery of admissible evidence pursuant to Pennsylvania Rule of Civil Procedure 4003.1. in relation to statutory considerations regarding equitable division of marital property under Section 3502 of the Divorce Code including, but not limited to, subsections (3) the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties, (5) the opportunity of each party for future acquisitions of capital assets and income, (6) the sources of income of both parties, including, but not limited to, medical, retirement, insurance, or other benefits, and (10) the economic circumstances of each party at the time the division of property is to become effective. 12. Information regarding Plaintiff's wages, benefits, and bank accounts prior to or after separation plainly applies to the above considerations regarding equitable distribution. WHEREFORE, the Defendant respectfully requests the Court to overrule Plaintiff s objection to the attached subpoenas and grant Defendant leave to serve them. Date: v Respectfully submitted, BAYLEY & MANGAN L')'-U Mark F. Bayley, Esquire 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court ID # 87663 MICHELLE D'ANTONIO IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 07-2503 CIVIL TERM ANTHONY L. D'ANTONIO, JR. CIVIL ACTION -LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, do hereby certify that I this day served a copy of the foregoing document upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Steven Kulla, Esquire 9 E. Main St. Waynesboro, PA 17268 21A Mark Bayley, Esquire MICHELLE D'ANTONIO IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 07-2503 CIVIL TERM ANTHONY L. D'ANTONIO, JR. CIVIL ACTION -LAW Defendant IN DIVORCE VERIFICATION Mark F. Bayley, Esquire, states that he is the attorney in relation to the within matter; that he makes this affidavit as attorney because he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. Pa.C.S. §4904, relating to unsworn falsification to authorities. L",/ I "`?' - ?? ' l/ Mark F. Bayley, Esq ire 0 APR U 6 2010 MICHELLE D'ANTONIO IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 07-2503 CIVIL TERM ANTHONY L. D'ANTONIO, JR. CIVIL ACTION -LAW Defendant IN DIVORCE ORDER AND NOW, this day of , 2010: Plaintiff s objection to Defendant's subpoenas currently directed at Members 1St Bank and Montessori Academy of Chambersburg are overruled; Defendant is granted leave to serve said subpoenas. A Rule is hereby issued upon Plaintiff to show cause why Plaintiffs objection to Defendant's current subpoenas should not be overruled. Said rule shall be returnable within days. A hearing regarding Defendant's Motion on Objection to Subpoena pursuant to Rule 4009.21 is set for the day of , 2010 at / • 66 .m. Counsel is expected to present any relevant testimony and be prepared to argue respective positions on said date. cc: Mark F. Bayley, Esquire ? Steven Kulla, Esquire n _-- era". rC.J Judge Edward E. Guido n p ? i o IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT OF PENNSYLVANIA - CUMBERLAND COUNTY Michelle D'Antonio, Plaintiff v Anthony L. D'Antonio, Defendant TO THE PROTHONOTARY: Civil Action - Law No. 07-2503 N i Q In Divorce a.v.m. - - PRAECIPE Cr Please note on the docket to the above matter that Michelle D'Antonio withdraws the objection previously filed to proposed subpoenas pursuant to Pennsylvania Rule of Civil Procedure 4009.21. Respectfully submitted, Date: T 12 , 2010 u Stephen D. Kulla ID #59003 Kulla, Barkdoll, Ullman & Painter, P.C. 9 E. Main St. Waynesboro, PA 17268 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT OF PENNSYLVANIA - CUMBERLAND COUNTY Michelle D'Antonio, Civil Action - Law Plaintiff , C v No. 07-2503 ;- %? ony L. Anth D 'Antonio Jr. , Defendant In Divorce a v m C- . . . , INVENTORY OF PLAINTIFF] r Plaintiff files the following Inventory 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. Plaintiff verifies that the statements made in this Inventory are true and correct. Plaintiff/Defendant understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Michelle D'Antonio, Plaintiff Date of Marriage: May 26, 1992 Date of Separation: October 1, 2008 ASSETS OF THE PARTIES Plaintiff marks on the list below those items applicable to the case at bar and itemizes all the assets on the following pages. () 1. 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. 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. Business (list all owners, including percentage of ownership, and officer/director positions held by a party with company) () 16. Employment termination benefits-severance pay, worker'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) (X) 22. MilitaryN.A. benefits () 23. Education benefits (X) 24. Debts due, including loan, mortgages held () 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 MARITAL PROPERTY Plaintiff lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced: Item No. Description of Pronertv Names of All Owners 2 1997 Chevrolet Silverado Husband 2 2005 Nissan Quest Wife 5 Members 1' Federal Credit Union checking acct. Husband & Wife no. ***285 5 PSECU checking acct. Husband & Wife 5 Members I' Federal Credit Union checking acct. Wife no. ***269 5 Fulton Bank checking acct. no. ***7065 Husband 6 Members 15` Federal Credit Union savings acct. no. ***285 Husband & Wife 6 Members 1St Federal Credit Union savings acct. Wife no. ***269 6 Members 151 Federal Credit Union Certificate Husband accounts acct. ***285 9 American Amicable Life Insurance policy no. Husband ***7570 19 Acensus 401(k) Retirement Plan Husband 19 American Funds 401(k) Husband 19 American Funds IRA Wife 22 U.S. Air Force Reserve Retirement Husband 26 Fairfield/Wyndham Timeshare Husband & Wife NON-MARITAL PROPERTY Plaintiff lists all property in which a spouse has a legal or equitable interest which is claimed to be excluded from marital property: Item No. Description of Property Names of All Owners Real property located at Michelle D'Antonio 2770 White Church Rd. Chambersburg, PA PROPERTY TRANSFERRED Item No. Description of Property Date of Consideration Transfer Real property located at 118 Willow View Drive Carlisle, PA * 7/31/2009 $210,000 Person to Whom Transferred Independent buyer 3 F & M Trust bank savings $6,866.52 Husband & Wife bonds** *real property was sold at a loss with the loss being divided equally between the parties **bonds liquidated after separation and proceeds split between the parties LIABILITIES Item No. Description of Propertv 24 children's school tuition 24 credit card Names of All Creditors Montessori Academy Chase credit card Names of all Debtors Husband & Wife Husband & Wife I f CASE: Michelle D'Antonio v. Anthony L. D'Antonio = --? Civil Action - Divorce _ . No. 07-2503 Civil Term Date: INCOME AND EXPENSE STATEMENT ' "77 - CD 3 z - THIS FORM MUST BE FILLED OUT INCOME STATEMENT OF: Michelle D'Antonio I verify that the statements made in this Income and Expense Statement are true and correct. I understand that false statements herein are subject to the criminal penalties of 18 PA.C.S. §4904, relating to unworn falsification to authority. I t-.) /ll Date Michelle D'Antonio, Plaintiff INCOME: Employer: _ Mon SSCc DmU 0 ?' Char- Address: 91 C n . PA I `l am Type of Work: aJi e,-Ci i('m r?L? rah ?? L Payroll No. Gross Pay Per Pay Period $ '2-2-11, 5 ' Pay Period (wkly,bi-wkly., etc.) 15t -??i ITEMIZED PAYROLL DEDUCTIONS Federal Withholdin g 352 Social Security 1 ' Local Wage Tax ',p 37'-C' Income Tax 6-7 ? Retirement Savings Bonds Q Credit Union Life Insurance Health Insurance ?-r Other Deductions (Specify) Medicare 32- 0? Union Dues Other 0 Opti-Wage Tax Totals Net Pay Per Period $ i 5ug Service Type Page I of 5 Form IN-008 Worker ID Income and Expense Statement Other Income WEEK MONTH YEAR INTEREST Dividends Pension Annuity Social Security C> Rents C7 Royalties C) Expense Account Gifts Unemployment Comp. O Workmen's Compensation Q IRS Refund 70 0 U Other Other TOTAL INCOME 5 y $ rs EXPENSES WEEK MONTH YEAR HOME Mortgage/Rent p ©w4 , Maintenance Utilities Electric 9 2- Gas C 4. . Oil Telephone /#7 ?j 157 Gp 1 Servirr. Tvna r - rage z Or J Form IN-008 Worker ID 1 -7 r1? EXPENSES continued WEEK MONTH YEAR Water/Sewer a S5 EMPLOYMENT Fublic Transportation U Lunch TAXES Real Estate ?. , C,, k Personal Property ) Income INSURANCE Homeowners Automobile Life 2--b o Accident Health ?- -- Other AUTOMOBILE Payment s Fuel/Repairs MEDICAL Doctor Dentist 9. EXPENSES continued WEEK MONTH YEAR Orthodontist .500 EXPENSES continued WEEK MONTH YEAR Hospital q94, Medicine f 72- Spec. Needs (glasses, braces, orthoped. devices) - - EDUCATION Private School 57 d Parochial School p College s Religious PERSONAL Clothing Food (a °[ J _ ' - C U Barber/Hairdresser - ?? Credit Payments: Credit Card Charge Account O Memberships LOANS _ Credit Union MISCELLANEOUS Household help { Child Care Papers/Books/Magazines EXPENSES continued WEEK MONTH YEAR Entertainment Pay TV Vacation Income and Expense Statement EXPENSES continued WEEK MONTH YEAR Gifts 45? Legal Fees ' 100 Charitable Contributions Other: Child Support V Alimony Payments Internet -, OTHER: b4 tc?, P 'S w-rtj Total Expenses (,o 2-14 1 9 Service Type Page 5 of 5 ~ + Form IN-008 Worker ID IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT OF PENNSYLVANIA - CUMBERLAND COUNTY C Q - X --- Michelle D'Antonio, Civil Action - Law v = M , ; Plaintiff > C < W D V. No. 07-2503 = z°-n C:) Anthony L. D'Antonio, Jr. - Defendant In Divorce a.v.m. -` w- -? AFFIDA VIT OF CONSENT May 1, 2007. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of service of the Complaint. 3. I consent to the entry of a Final Decree of Divorce. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTR Y OF A DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE I consent to the entry of a Final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a Divorce is granted. 3. 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 above are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unsworn falsification to authorities. Date: Michelle D'Antonio Michelle D'Antonio Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW Anthony L. D'Antonio, NO. 2007-2503 CIVIL,,.] UVE - ° Defendant IN DIVORCE =m CCD--) r :Z;o --i rn ACCEPTANCE OF SERVICE I hereby acknowledge on Defendant's behalf that Defendant accepted serv f tf4 T Complaint regarding the above captioned matter on or before October 14, 2008 and I am authorized to do so on Defendant's behalf. F. Bayley, Esquire," BAYLEY & MANGAN 17 W. South St. Carlisle, PA 17013 (717) 241-2446 Supreme Court I.D. # 87663 Attorney for Defendant