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HomeMy WebLinkAbout07-3072DENISE M. THOMAS KENNEDY, Plaintiff V. WILLIAM R. KENNEDY, JR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : 2007 - -30 -)a CIVIL TERM : IN DIVORCE NOTICE 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 in 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, Cumberland County Courthouse, 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. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 1-800-990-9108 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. DENISE M. THOMAS KENNEDY, Plaintiff V. WILLIAM R. KENNEDY, JR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2007 - 3 0-7 a- CIVIL TERM : IN DIVORCE COMPLAINT IN DIVORCE PURSUANT TO SECTIONS 331 AND OF THE DIVORCE CODE AND NOW, comes the Plaintiff, Denise M. Thomas Kennedy, and files this Complaint in Divorce against the Defendant, William R. Kennedy, Jr., representing as follows: 1. The Plaintiff is Denise M. Thomas Kennedy, an adult individual with a mailing address at 351 York Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant is William R. Kennedy, Jr., an adult individual currently residing at 351 York Road, Carlisle, Cumberland County, Pennsylvania 17013. 4. The Plaintiff has been a resident of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 5. The Plaintiff and the Defendant were married on October 9, 1998 in Pennsylvania and separated on or about September 1, 2005. 6. There have been no prior actions of divorce or for annulment between the parties. 7. Pursuant to the Divorce Code, Sections 3301(c) and 3301(d), the Plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. 8. The Plaintiff avers that she has been advised of the availability of counseling and that said party has the right to request that the court require the parties to participate in counseling. 9. Neither party is in military service or in any branch of the armed forces of the United States or its Allies or otherwise within the provisions of the Soldiers' and Sailor's Civil Relief Act of Congress of 1940, as amended. WHEREFORE, the Plaintiff respectfully requests judgment dissolving the marriage between the two parties. Respectfully submitted, IRWIN & McKNIGHT Dated: May 21, 2007 By: t Douglas G iller, Esquire Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 2 VERIFICATION The foregoing document is based upon information which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. DENISE M. THOMAS KENNEDY Date: 5/21/07 DENISE M. THOMAS KENNEDY, Plaintiff V. WILLIAM R. KENNEDY, JR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW :2007 -3072 : IN DIVORCE CIVIL TERM AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA: . SS. COUNTY OF CUMBERLAND I, Disc %HomfrS I?ENN? being sworn according to law, deposes and says that I am a competent adult over 18 years of age; that I served a certified copy of the Divorce Complaint upon the Defendant, William R. Kennedy, Jr., by personally handing him a true and corn ct copy the of and informing him of its contents at 351 Yol2K D C114u t c-E A on -MAY 2(a -1:6 , 2007, at q , O o'clock__ m. Deponent further avers that at the time of such service the Defendant identified himself to deponent. &6? ? ? DENISE M. THOMAS KENN Sworn to and subscribgd Before me this Day of , 2007 jNory Public Fkftwsw ssod tbn d Nof?AN 7=t C'? ? C7 _-? ?'E' c_.. -x-;;ter- C ?-.??ri ,:?. - ? ? ? t`. ? ? ? t'i"i ? .- ti' ?? -'? DENISE M. THOMAS KENNEDY, Plaintiff V. WILLIAM R. KENNEDY, JR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW :2007 -3072 CIVIL TERM IN DIVORCE PLAINTIFF'S AMENDED COMPLAINT IN DIVORCE AND NOW comes the Plaintiff, Denise M. Thomas Kennedy, by and through her attorneys, Irwin & McKnight, and files this Amended Complaint in divorce against the Defendant, William R. Kennedy, Jr., averring as follows: COUNT I - EQUITABLE DISTRIBUTION 1. - 9. The averments set forth paragraphs one (1) through nine (9) of Plaintiff's Complaint are incorporated herein as if fully set forth. 10. Plaintiff and Defendant have acquired property, both real and personal, during their marriage. 11. Plaintiff 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, Plaintiff respectfully requests the Court to enter an Order equitably distributing the parties' marital property pursuant to Section 3502(d) of the Divorce Code and for such further relief as the Court may deem equitable and just. COUNT II COUNSEL FEES 12. Plaintiff has incurred and will continue to incur significant counsel fees, expenses, and costs during the pendency of this divorce action, and through its resolution. 13. Defendant by his actions has caused Plaintiff to incur unnecessary fees, expenses and costs in obtaining an equitable divorce. 14. Defendant is presently employed and receiving a substantial income and benefits and is able to pay for counsel fees, expenses, and costs for the Plaintiff. WHEREFORE, Plaintiff requests the Court to enter an ordering requiring Defendant to pay for Plaintiffs counsel fees, expenses and costs. Respectfully submitted, IRWIN & McKNIGHT Dated: December 2007 By: A- )?- A P. Miller, squire Do'Mglas Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Plaintiff Denise A Thomas Kennedy CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: WAYNE F. SHADE, ESQUIRE 53 WEST POMFRET STREET CARLISLE, PA 17013 Date: December 7, 2007 IRWIN & McKNIGHT A Vt. • 11.1.71Z !!L- Dougl G. Miller, squire Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 N IV l V rv? { O r-zl C. ? cc'J C-I rl-I 1 "Tl i"43 ;3 DENISE M. THOMAS KENNEDY, Plaintiff V. WILLIAM R. KENNEDY, JR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW :2007 -3072 : IN DIVORCE CIVIL TERM MOTION FOR APPOINTMENT OF MASTER DENISE M. THOMAS KENNEDY, Plaintiff, moves the court to appoint a master with respect to the following claims: a. Equitable distribution of the marital assets; and b. Counsel fees. and in support of the motion states: 1. Discovery is complete as the claims(s) for which the appointment of a master is requested. 2. The Defendant, William R. Kennedy, Jr., has appeared in this action by his attorney, Wayne F. Shade, Esquire. The Plaintiff, Denise M. Thomas Kennedy, has appeared in this action by her attorney, Douglas G. Miller, Esquire. 3. The statutory ground for divorce is No-Fault 3301(c) and 3301(d). 4. Delete the inapplicable paragraph(s): a. The action is contested. b. An agreement has been reached with respect to the following claims: Divorce C. The action is contested with respect to the following claims: Equitable distribution of the marital assets; and counsel fees. The action does not involve complex issues of law or fact. 6. The hearing is expected to take one day. 7. Additional information, if any, relevant to the motion: None. _A4411d. AL Date: January 28, 2008 Attorney r Plamtiff ORDER APPOINTING MASTER AND NOW the following claims: Esquire, is appointed Divorce Master with respect to By the Court: J. ? c,. - ? ?` .?' C:- ?` w d--? DENISE M. THOMAS KENNEDY, Plaintiff V. WILLIAM R. KENNEDY, JR., Defendant 'Jaw 31 2ooa? : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW :2007 -3072 : IN DIVORCE CIVIL TERM MOTION FOR APPOINTMENT OF MASTER DENISE M. THOMAS KENNEDY, Plaintiff, moves the court to appoint a master with respect to the following claims: a. Equitable distribution of the marital assets; and b. Counsel fees. and in support of the motion states: 1. Discovery is complete as the claims(s) for which the appointment of a master is requested. 2. The Defendant, William R. Kennedy, Jr., has appeared in this action by his attorney, Wayne F. Shade, Esquire. The Plaintiff, Denise M. Thomas Kennedy, has appeared in this action by her attorney, Douglas G. Miller, Esquire. 3. The statutory ground for divorce is No-Fault 3301(c) and 3301(d). 4. Delete the inapplicable paragraph(s): a. The action is contested. b. An agreement has been reached with respect to the following claims: Divorce C. The action is contested with respect to the following claims: Equitable distribution of the marital assets; and counsel fees. The action does not involve complex issues of law or fact. The hearing is expected to take one day. 7. Additional information, if any, relevant to the motion: None. Date: January 28, 2008 Attorney r Plaintiff ORDER APPOINTING MASTER ZI AND NOW Agebed ??' 4.2??, ?• 0?Esquire, is appointed Divorce Master with respect to the following claims: ?. By ourt: _e117 _? X 15 %? I-1 Ly' . t -, m C\J DENISE M. THOMAS KENNEDY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. : NO. 07-3072 CIVIL TERM WILLIAM R. KENNEDY, JR., 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 CUMBERLAND COUNTY COURTHOUSE 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. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 Wayne. Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Defendant WAYNE F. SHAD[ Attorney at Law 53 West Pomfret Stree Carlisle, Penmsylvanif 17013 DENISE M. THOMAS KENNEDY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. NO. 07-3072 CIVIL TERM WILLIAM R. KENNEDY, JR., Defendant : IN DIVORCE ANSWER WITH COUNTERCLAIM ANSWER L-2. Admitted. 3. There is no 13 in the Complaint. 4. Admitted. 5. The averments of ¶5 of the Complaint are admitted in part and denied in part. It is admitted that the parties were married on October 9, 1998, in Pennsylvania, but it is denied that the parties have been separated since on or about September 1, 2005. On the contrary, Defendant avers that the parties continued to live in marital cohabitation until June of 2008. 6. WAYNE F. SHADE Attorney at Law Admitted. 53 West Pomfret Street Carlisle, Pennsylvania 17013 7. The averments of ¶7 of the Complaint are denied. On the contrary, Defendant avers that he does not consent to a divorce and that the parties have not been separated from marital cohabitation for two years. By way of further response, Defendant avers that Plaintiff has offered such indignities to the person of the Defendant, the innocent and injured spouse, as to render the condition of Defendant intolerable and the life of Defendant burdensome. 8. The averments' of ¶8 of the Complaint, being within the exclusive knowledge of Plaintiff, are denied; and proof thereof is demanded. 9. Admitted. 10. - 11. Admitted. WHEREFORE, Defendant will concur in the entry of a Decree in Divorce upon resolution of the economic issues. WAYNE F. SHAD] Attorney at Law 53 West Pomfret Stret Carlisle, Pennsylvania 17013 -2- COUNTERCLAIM COUNTI DIVORCE 12. To the extent not denied in the Answer, the averments of ¶¶1, 2, 4, 5, 6, 7, 9, 10 and 11 are incorporated herein by reference as though fully set forth. 13. This action in divorce is not collusive. 14. Both parties to this Action in Divorce are capable of managing their own affairs. 15. There were no children born to the parties. 16. Defendant has no adequate means of support for himself. WHEREFORE, Defendant demands judgment dissolving the marriage between the WAYNE F. SHAD] Attomey at Law 53 West Pomfret Stre( Carlisle, Penmsylvanii 17013 parties. -3- COUNT II SPOUSAL SUPPORT, ALIMONY AND ALIMONY PENDENTE LITE 17. The averments of ¶¶12 through 16 above inclusive are incorporated herein by reference as though fully set forth. WHEREFORE, Defendant demands judgment compelling Plaintiff to pay to Defendant spousal support or, in the alternative, alimony and alimony pendente lite. Wayne r Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Defendant WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -4- I verify that the statements made in this pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. Date: November 4, 2008 William ennedy, J . WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 T'om` V i^v d v , FJ O CD - _ ,) __ ,. o `_; r„ 1 DENISE M. THOMAS KENNEDY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW V. : NO. 07-3072 CIVIL TERM WILLIAM R. KENNEDY, JR., Defendant : IN DIVORCE HUSBAND'S PETITION FOR ALIMONY PENDENTE LITE TO THE HONORABLE, THE JUDGES OF SAID COURT: 1. Petitioner is WILLIAM R. KENNEDY, JR., an adult individual who is represented of record herein by Wayne F. Shade, Esquire, 53 West Pomfret Street, Carlisle, Pennsylvania 17013. 2. Respondent is DENISE M. THOMAS KENNEDY, an adult individual who is represented of record herein by Douglas G. Miller, Esquire, of Irwin & McKnight, 60 West Pomfret Street, Carlisle, Pennsylvania 17013. 3. On November 5, 2008, an Answer with Counterclaim was filed herein in which Husband advanced a claim for alimony pendente lite. 4. By reason of the marital misconduct of Respondent, Petitioner has been and will in the future be put to substantial expense in the prosecution of his claims herein, including WAYNE F. SHADE ey at Law Attorn 53 West Pomfret Street Carlisle, Pennsylvania 17013 .. the employment of counsel and the payment of costs and expenses, all of which Petitioner is unable to afford. 5. Husband is 75 years of age, and his health does not permit him to further engage in employment. 6. Petitioner's only assets of significant value are his interests in the marital property which are presently unavailable to him. 7. Wife is presently employed by Land O'Lakes, Inc. 8. Husband believes that Wife's earnings are in excess of $60,000 per year. WHEREFORE, Petitioner respectfully requests that your Honorable Court issue an Order scheduling a hearing herein in the Domestic Relations Section of this Court. 11,1144U?e 41-- Wayne . Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Husband WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 t° 1\3 ,, DENISE M. THOMAS KENNEDY, : IN THE COURT OF COMMON PLEAS OF Plaintiff /Respondent : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW V. : : NO. 07-3072 CIVIL TERM WILLIAM R. KENNEDY, JR., : PACSES Case 487110621 Defendant /Petitioner : IN DIVORCE ORDER OF COURT AND NOW, this 2jtl-day of ,7arnia3:y , 204, upon consideration of the attached Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J. Shadday on February 24, 2009 at 9: 00am for a conference, at 13 North Hanover Street, Carlisle, Pennsylvania 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. You are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this Order, completed as required by Rule 1910.11(c) (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you If you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, 'fr B, yley, P nudge Ft Date of Order: JAN 2 7 2009 r ?,. .. ._, '?.? ; ,• t Confe a 0 I13ber f YOU HAVE THE RIGHT TO A LAWYER WHO MAY ATTEND THE CONFERENCE AND i SENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 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. Douglas G. Miller, Esquire Irwin & McKnight Attorney for Plaintiff Wayne F. Shade, Esquire Attorney for Defendant :' . t a.- n r:= cls cv & KiMom U .AKIS Michelle L. Sommer, Esquire Attorney I.D. #: 93034 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 DENISE M. THOMAS-KENNEDY, Plaintiff V. WILLIAM R. KENNEDY, JR., Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 07-3072 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE Please withdraw my appearance in the above-captioned matter on behalf of the Plaintiff, Denise M. Thomas-Kennedy. Respectfully submitted, Date IRWIN & McKNIGHT t 4 o as G iller, squire D 60 West Pomfret Street Carlisle, PA 17013 (717) 243-2363 Attorney ID No. 83776 Please enter my appearance in the above-captioned matter on behalf of the Plaintiff, Denise M. Thomas- Kennedy. Respectfully submitted, Date ABOM & KUTULAKIS, L.L.P. TNIAkw ? h Michelle L. Sommer, quire 36 South Hanover eet Carlisle, PA 17013 (717) 249-0900 Attorney ID No. 93034 C %wo 5! -n l:.a fem. _3 ?- 4 ?In DENISE M. THOMAS KENNEDY,: THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 07-3072 CIVIL TERM WILLIAM R. KENNEDY, IN DIVORCE Defendant/Petitioner : PACSES NO: 487110621 ORDER OF COURT AND NOW, this 26th day of February 2009, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R. J. Shadday on March 25, 2009 at 10:30 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11© (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you. If you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, Edgar B. Bayley, President Judge Copies mailed to: Petitioner Respondent Wayne F. Shade, Esq. Michelle L. Sommer, Esq. Date of Order: February 26, 2009 A - - ' I I A/4 , . S day, L oordinator l YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 r n ? {W Z 61' N, DENISE THOMAS KENNEDY, Plaintiff/Respondent VS. WILLIAM R. KENNEDY, JR., Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 07-3072 CIVIL TERM IN DIVORCE PACSES Case No: 487110621 ORDER OF COURT AND NOW, this 25th day of March 2009, based upon the Court's determination that the Petitioner's monthly net income/earning capacity is $ 3,431.36 and the Respondent's monthly net income/earning capacity is $ 3,867.09, it is hereby ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit Two Hundred Sixty-six and 00/100 Dollars ($ 266.00) per month payable bi-weekly as follows: $ 266.00 per month for Alimony Pendente Lite and $ 0.00 per month on arrears. First payment due: in accordance with Respondent's pay schedule in the amount of $ 122.77 bi-weekly. The effective date of the order is April 1, 2009. Arrears set at $ 0.00 as of March 25, 2009. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa.C.S.§ 3703. Further, if the Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and, at its discretion, make an appropriate Order, including, but not limited to, commitment of the Respondent to prison for a period not to exceed six months. Said money to be turned over by the PA SCDU to: William R. Kennedy, Jr. Payments must be made by check or money order. All checks and money orders must be made payable to PA SCDU and mailed to: PA SCDU P.O. Box 69110 Harrisburg, PA 17106-9110 Payments must include the Respondent's name with their PACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. cc360 This order is based upon the parties residing in the same household and does not include any consideration for a mortgage contribution. The Respondent is to make a direct payment to the Petitioner in the amount of 40% of any and all net bonuses, within five (5) days upon receipt of said bonus(es). She is to include verification of the amount of said bonus(es) to the Petitioner and the Domestic Relations Section. This Order shall become final twenty (20) after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Prothonotary for a hearing de novo before the Court. Consented: Petitioner Respondent Petitioner's Attorney Respondent's Attorney Mailed copies on: March 26, 2009 to: Petitioner Respondent Wayne F. Shade, Esq. Michelle L. Sommer, Esq. BY THE COURT, T* -t A L. Ebert, Jr., J. DRO: R.J. Shadday Cil i. 3 ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT 07-3072 CIVIL OOriginal Order/Notice State Commonwealth of Pennsylvania OAmended Order/Notice CUMBERLAND Co./City/Dist. of OTerminate Order/Notice Date of Order/Notice 04/01/09 Case Number (See Addendum for case summary) OOne-Time Lump Sum/Notice RE: KENNEDY, DENISE T. Employer/Withholder's Federal EIN Number Employee/Obligor's Name (Last, First, MI) 201-48-8739 Employee/Obligor's Social Security Number LAND O LAKES INC 1150100091 PO BOX 64101 Employee/Obligor's Case Identifier SAINT PAUL MN 55164-0101 (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ o. oo per month in current child support $ 0.00 per month in past-due child support Arrears 12 weeks or greater? Dyes ® no $ 0.00 per month in current medical support $ o. oo per month in past-due medical support $ 266.00 per month in current spousal support $ o.oo per month in past-due spousal support $ o. oo per month for genetic test costs $ o. o o per month in other (specify) $ one-time lump sum payment for a total of $ 266.00 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: $ 61.38 per weekly pay period. $ 133.00 per semimonthly pay period (twice a month) $_____122.77 per biweekly pay period (every two weeks) $ 266. 00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If required by Pennsylvania law (23 PA C.S. § 4374(b)) to remit by electronic payment method, please call Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S 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. M. L. Ebert, Jr., Judge U DRO: R.J. Shadday Form EN-028 Rev. 4 Service Type M OMB No.:097o-ois4 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS If ?heckefl you are required. to provide a copy of this form to your employee. If yoYr employee works in a state that is di Brent rrom the state that issued this order, a copy must be provided to your emp oyee 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%bligor'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. 4103651450 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : M THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: D EMPLOYEE'S/OBLIGOR'S NAME: KENNEDY, DENISE T. EMPLOYEE'S CASE IDENTIFIER: 1150100091 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER:- NEW EMPLOYER'S NAME/ADDRESS: FINAL PAYMENT AMOUNT. 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of. 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) 0 5 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks : If the Order information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Rev. 4 Service T e M OMB No.: 0970-0154 Yp Worker I D $ TATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: KENNEDY, DENISE T. PACSES Case Number 487110621 Plaintiff Name WILLIAM R. KENNEDY JR Docket Attachment Amount 07-3072 CIVIL$ 266.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Addendum Service Type M OMB No,: 0970-0154 PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Form EN-028 Rev. 4 Worker ID $IATT FACE QF THE OTARY( 2009 APR -2 PH 3= 10 DENISE M. THOMAS KENNEDY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. WILLIAM R. KENNEDY, JR., Defendant : NO. 07-3072 CIVIL TERM : IN DIVORCE : PACSES No. 487110621 PETITION FOR MODIFICATION OF AN EXISTING SUPPORT ORDER 1. The Petition of William R. Kennedy, Jr. respectfully represents that on March 25, 2009, an Order of Court was entered for alimony pendente lite for Petitioner. A true and correct copy of the Order is attached to this Petition. 2. Petitioner is entitled to an increase of the existing Order because his unemployment compensation benefits have been exhausted. WHEREFORE, Petitioner requests that the Court modify the existing Order for support. Wayne ,f. Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Petitioner WAYNE F. SHADI Attomey at Law 53 West Pomfret Stret Carlisle, Pennsylvania 17013 Wayne F. Shade, Esquire, states that he is the attorney for the Petitioner herein; that he makes this verification based upon facts which are within his personal knowledge, information or belief and that any false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: July 14, 2009 Wayne F. ade Attorney for Petitioner WAYNE F. SHADE Attorney at Law 53 West Pomfret Stree Carlisle, Pennsylvania 17013 DENISE THOMAS KENNEDY, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent . CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 07-3072 CIVIL TERM WILLIAM R. KENNEDY, V LR., IN DIVORCE Defendant/Petitioner PACSES Case No: 487110621 ORDER OF COURT AND NOW, this 25th day of March 2009, based upon the Court's determination that the Petitioner's monthly net income/earning capacity is $ 3,431.36 and the Respondent's monthly net income/earning capacity is $ 3,867.09, it is hereby ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit Two Hundred Sixty-six and 00/100 Dollars ($ 266.00) per month payable bi-weekly as follows: $ 266.00 per month for Alimony Pendente Lite and $ 0.00 per month on arrears. First payment due: in accordance with Respondent's pay schedule in the amount of $ 122.77 bi-weekly. The effective date of the order is April 1, 2009. Arrears set at $ 0.00 as of March 25, 2009. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa.C.S.§ 3703. Further, if the Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and, at its discretion, make an appropriate Order, including, but not limited to, commitment of the Respondent to prison for a period not to exceed six months. Said money to be turned over by the PA SCDU to: William R. Kennedy, Jr. Payments must be made by check or money order. All checks and money orders must be made payable to PA SCDU and mailed to: PA SCDU P.O. Box 69110 Harrisburg, PA 17106-9110 Payments must include the Respondent's name with their PACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. cc360 This order is based upon the parties residing in the same household and does not include any consideration for a mortgage contribution. The Respondent is to make-4 direct payment to the Petitioner in the amount of 40% of any and all net bonuses, within five (5) days upon receipt of said bonus(es). She is to include verification of the amount of said bonus(es) to the Petitioner and the Domestic Relations Section. This Order shall become final twenty (20) after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Prothonotary for a hearing de novo before the Court. Consented: Petitioner Respondent Petitioner's Attorney Respondent's Attorney Mailed copies on: March 26, 2009 to: Petitioner Respondent Wayne F. Shade, Esq. Michelle L. Sommer, Esq. BY THE COURT, N\ -t U4 M. L. Ebert, Jr., J. DRO: R.J. Shadday Fk. X1;;9 J?L ; 14 P1 2• 14 v: COPy 6 tRo DENISE M. THOMAS-KENNEDY,: THE COURT OF COMMON PLEAS OF Plaintiff/Respondent . CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 07-3072 CIVIL TERM WILLIAM R. KENNEDY, JR., IN DIVORCE Defendant/ Petitioner . PACSES CASE NO: 487110621 ORDER OF COURT AND NOW, this 16th day of July, 2009, a petition has been filed against you, Denise M. Thomas-Kennedy, to modify an existing Alimony Pendente Lite Order. You are ordered to appear in person at the Domestic Relations Section, 13 North Hanover Street, Carlisle, Pennsylvania, on Au¢ust 10.2009 at 1:30 P.M. for a conference and to remain until dismissed by the Court. If you fail to appear as provided in this Order, an Order of Court may be entered against you. You are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by the Rule 1910.11. (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, Edgar B. Bayley, President Judge Copies mailed to: Petitioner Respondent Wayne F. Shade, Esq. Michelle Sommer, Esq. Date of Order: July 16, 2009 J. YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND NE CONFERENCE AND REPRWN7 YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 FiLti OF TH F L , Y 0 SUL 16 pt : c CARL J. BARRICK and : IN THE COURT OF COMMON PLEAS OF BRENDA L. BARRICK, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs : CIVIL ACTION - LAW V. : NO. 07-3604 CIVIL TERM HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY, individually and doing business as HOLY SPIRIT HOSPITAL, SODEXHO MANAGEMENT, INC., : SODEXHO OPERATIONS, LLC and LINDA J. LAWRENCE, Defendants : JURY TRIAL DEMANDED PLAINTIFFS' ANSWER TO MOTION OF SODEXHO MANAGEMENT, INC., SODEXHO OPERATIONS, LLC AND LINDA J. LAWRENCE TO ENFORCE SUBPOENA DIRECTED TO APPALACHIAN ORTHOPEDIC CENTER, LTD. AND NOW, come Plaintiffs CARL J. BARRICK and BRENDA L. BARRICK, by and through their counsel, Wayne F. Shade, Esquire, in response to the Motion of Sodexho Management, Inc., Sodexho Operations, LLC and Linda J. Lawrence to Enforce Subpoena Directed to Appalachian Orthopedic Center, Ltd., and state, as follows: L-3. Admitted. 4. Admitted. Plaintiffs aver that they have no objection to the release of the records WAYNE F. SHAD] Attomey at Law 53 West Pomfret Stret Carlisle, Pennsylvania 17013 of Appalachian Orthopedic Center, Ltd. regarding the treatment of Plaintiff Carl J. Barrick. By way of further response, Plaintiffs object to discovery of communications between Appalachian Orthopedic Center, Ltd. and counsel for Plaintiffs respecting the role of Appalachian Orthopedic Center, Ltd. as an expert witness for Plaintiffs. 5. Admitted upon information. 6.-7. Admitted upon information. 8. Admitted. Plaintiffs aver that they have no objection to the release of the records of Appalachian Orthopedic Center, Ltd. regarding the treatment of Plaintiff Carl J. Barrick. By way of further response, Plaintiffs object to discovery of communications between Appalachian Orthopedic Center, Ltd. and counsel for Plaintiffs respecting the role of Appalachian Orthopedic Center, Ltd. as an expert witness for Plaintiffs. 9.-10. Admitted upon information. 11. It is admitted that the Rule is properly stated and that no protective orders have WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 been sought or received. It is further admitted that no objections were made to the discovery of the treatment records of Plaintiff Carl J. Barrick. By way of further -2- response, Plaintiffs aver that, on April 23, 2009, they made written request upon Thomas J. Green, M.D., of Appalachian Orthopedic Center, Ltd. to serve as an expert witness for Plaintiff in this case and that Dr. Green agreed to do so. Plaintiffs aver that the June 8, 2009, cover letter with Defendants' subpoena, which cover letter is attached to Defendants' Motion, states, in bold print, that the subpoena is seeking medical records regarding Carl J. Barrick. Plaintiffs aver that Defendants' subpoena does not, and may not permissibly, embrace trial preparation materials under Pa.R.C.P. 4003.3 or trial preparation materials in connection with communications between counsel for Plaintiffs and Plaintiffs' expert witnesses in preparation for trial under Pa.R.C.P. 4003.5. The decision in Shambach v. Fike, 82 Pa. D&C 4th 535 (Lackawanna 2006) is instructive wherein the court stated, as follows: Having examined the relevant rules of civil procedure, applicable case law and considering the arguments of the parties as well as the production of the expert report written by Dr. Knobler for the plaintiff, we conclude that Dr. Knobler may act as both a treating physician and expert witness for purposes of this case. However, because he has acted in the past as a treating physician, only this information not prepared in anticipation of litigation is discoverable by defendant. Therefore, defendants are free to depose Dr. Knobler but only as to Dr. Knobler's capacity as a treating physician. Conversely, Defendants are not authorized to depose Dr. Knobler regarding any professional opinions which have been developed in anticipation of litigation. While there may not be any bright line test to distinguish between these two areas, the date of the formulation of his report can certainly be a helpful guide. WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -3- 12. The averments of ¶ 12 of Defendants' Motion are denied. On the contrary, Plaintiffs aver that written communications between Dr. Green and counsel for Plaintiffs respecting the role of Dr. Green as an expert witness for Plaintiffs are expressly irrelevant under the provisions of Pa.R.C.P. 4003.3 and 4003.5. 13. The averments of ¶ 13 of Defendants' Motion are denied. On the contrary, WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 Plaintiffs aver that written communications between Dr. Green and counsel for Plaintiffs respecting the role of Dr. Green as an expert witness for Plaintiffs are expressly irrelevant under the provisions of Pa.R.C.P. 4003.3 and 4003.5. By way of further response, Plaintiffs aver that the absence of an objection to discovery of trial preparation materials or trial preparation materials in connection with communications between counsel for Plaintiffs and Plaintiffs' expert witnesses in preparation for trial does not constitute waiver of objection to such privileged materials where Defendants' cover letter emphasized in bold print that the subpoena was directed to medical records. Even in the event that your Honorable Court were to find that an objection was necessary where Defendants' cover letter emphasized that Defendants were seeking treatment records, the decision of our Superior Court in McGovern v. Hospital Service Association, 785 A2d 1012 (Pa. Super. 2001), reversed a trial court decision that failure to object to propounded -4- discovery within thirty days constituted a waiver of the right to refuse to disclose privileged information. In his opinion, Judge Hester stated at pp. 1018-1019, as follows: Appellants cite to Pa.R.C.P. 4003.1 et seq. for the proposition that certain trial preparation materials and facts or opinions of retained experts, and communications between an attorney and client are privileged, and litigants are provided with the right to object at any time to written discovery in these matters. Further, communications between an attorney and client are privileged from disclosure. 42 Pa. C. S. § 5928. While it remains to be seen if indeed the underlying materials fall under the protection of the attorney-client privilege, the trial court at the very least must conduct an in camera inspection of the documents to determine this contention. Pa.R.C.P. 4003.1 clearly states that subject to the provisions of Rules 4003.2 to 4003.5, "a party may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action..." Pa. R. C.P. 4003.1 (emphasis added). We are unaware of any case law that suggests a trial court may order the discovery of privileged material as a sanction let alone without any balancing. Accordingly, we are extremely reluctant to affirm any order that compels full discovery when the information being sought may be privileged. We therefore find that failure to file objections within the thirty-day time period does not automatically waive the right to object. 14. The averments of ¶ 14 of Defendants' Motion are denied. On the contrary, Plaintiffs aver that any delay is the result of Defendants' overreaching attempts to obtain obviously privileged information. WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -5- 15. The averments of ¶ 15 of Defendants' Motion are denied. On the contrary, Plaintiffs aver that Defendants will suffer no prejudice from denial of disclosure of communications between Dr. Green and counsel for Plaintiffs in soliciting the expert opinions of Dr. Green in preparation for trial where such materials are protected from discovery under Pa.R.C.P. 4003.3 and 4003.5. 16. It is admitted that Defendants are requesting required disclosure of privileged materials, but it is denied that Defendants are entitled to discover such materials for the reasons set forth herein. 17. The averments of ¶ 17 of Defendants' Motion are denied. On the contrary, Plaintiffs aver that Defendants are not entitled to an award of counsel fees where they are not entitled to discover the privileged materials for the reasons set forth herein.. WHEREFORE, Plaintiffs respectfully request that Defendants Motion be denied. Wayne . Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiffs -6- Wayne F. Shade, Esquire, states that he is the attorney for the parry or parties filing the foregoing document; that he makes this verification with the authorization to do so and based upon facts which are within his personal knowledge, information or belief and that any false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: July 16, 2009 G%? Wayne F. Shade WAYNE F. SHADE Attorney at Law 53 West Pomfret Stree Carlisle, Pennsylvania 17013 CARL J. BARRICK and : IN THE COURT OF COMMON PLEAS OF BRENDA L. BARRICK, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs : CIVIL ACTION - LAW V. : NO. 07-3604 CIVIL TERM HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY, individually and doing business as HOLY SPIRIT HOSPITAL, SODEXHO MANAGEMENT, INC., : SODEXHO OPERATIONS, LLC and LINDA J. LAWRENCE, Defendants : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Wayne F. Shade, Esquire, do hereby certify that I have this date served a copy of Plaintiffs' Answer to Motion of Sodexho Management, Inc., Sodexho Operations, LLC and Linda J. Lawrence to Enforce Subpoena Directed to Appalachian Orthopedic Center, Ltd. in the above-captioned matter upon Defendants herein and upon counsel for Appalachian Orthopedic Center, Ltd. by first class United States mail, postage prepaid, to their counsel of record, as follows: Stephen E. Geduldig, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street Harrisburg, Pennsylvania 17101 WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 Thomas M. Chairs, Esquire Dickie, McCamey & Chilcote, P.C. 1200 Camp Hill Bypass, Suite 205 Camp Hill, Pennsylvania 17011 Todd R. Bartos, Esquire Stevens & Lee P.O. Box 1594 51 South Duke Street Lancaster, Pennsylvania 17608 Date: July 16, 2009 Wayne . Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiffs WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 'IF TF - A Py ?OM & KU_,ULAKIS Michelle L. Sommer, Esquire Attorney I.D. #: 93034 2 West High Street Carlisle, PA 17013 (717) 249-0900 DENISE M. THOMAS-KENNEDY, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA V. WILLIAM R. KENNEDY, JR., Defendant/Respondent NO. 07-3072 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE MOTION TO COMPEL - PRODUCTION OF DOCUMENTS Petitioner, Denise M. Thomas-Kennedy, by her undersigned attorney, hereby files this Motion to Compel - Production of Documents and, in support thereof, avers that: 1. Petitioner, Denise M. Thomas-Kennedy, is the Plaintiff, in the above-captioned divorce action. 2. Respondent, William R. Kennedy, Jr. is the Defendant in the above-captioned divorce action. 3. In Petitioner's Complaint in Divorce, Petitioner has requested, inter alia, the equitable distribution of marital property which request has placed Respondent's financial situation at issue in this matter. 4. On July 7, 2009, Petitioner sent a Notice to Produce to the Respondent directing him to produce the documents and things requested in the attached Request for Documents - First Set. (A true and correct copy of the Notice to Produce is attached hereto as Exhibit "A".) 5. Copies of the requested documents and things were due within thirty (30) days; or on or before August 7, 2009. 6. Petitioner requires the information sought in the Request for Production of Documents in order to properly pursue her claims. 7. Undersigned counsel contacted Respondent's Attorney and was informed by letter on August 24, 2009, he will not provide our Discovery until he has "received complete responses to inquiries in" a letter he sent on April 27, 2009. (A true and correct copy of the August 24, 2009 Letter is attached hereto as Exhibit `B".) 8. It is believed and therefore averred that undersigned counsel provided answers to his April 27, 2009 letter just two days later on April 29th; however, Attorney Shade was not satisfied with the responses; and as a result he deemed them to be "incomplete answers". (A true and correct copy of the April 27, 2009 Letter from Attorney Shade is attached hereto as Exhibit "C" and a true and correct copy of the April 29, 2009 Letter from Undersigned Counsel is attached hereto as Exhibit "D".) 9. Respondent's attorney, Wayne F. Shade, Esquire has been notified on August 26, 2009 of the filing of this request and Attorney Wayne F. Shade does not concur with Petitioner's request to compel production of documents. 10. As a consequence of our phone call when Respondent's attorney was contacted on August 26th regarding his position he informed Petitioner that he would too be filing a Motion to Compel - Production of Documents against us as well; however, Petitioner filed her Answers to Defendant's Request for Interrogatories on April 14, 2009 and her Answers to Defendant's Request for Production of Documents on June 10, 2009, respectively. (A true and correct copy of Plaintiff's Answer to Defendant's Request for Interrogatories is attached hereto as Exhibit "E" and a true and correct copy of Plaintiff's Answer to Defendant's Request for Production of Documents is attached hereto as Exhibit "F".) 11. Respondent's breach of the terms of the Request to Produce Documents is the sole reason Petitioner had to file this Petition for Contempt and according to the Pennsylvania Rules of Civil Procedure if you fail to produce the documents or things required by this Request to Produce Documents, you may be subject to the sanctions authorized by Pa.R.C.P. 234.5 and 4019(c). 12. Petitioner has incurred attorney's fees and costs in connection with the preparation and pursuit of this Petition and Respondent should be held responsible for said costs. WHEREFORE, Petitioner, by and through her attorney, Michelle L. Sommer, requests this Honorable Court to enter an Order directing Respondent to file the documents or things pursuant to Pa.R.C.P. 1930.5(b), 4009.11, and 40190(1) within ten (10) days of the date of this Order. Date 5 -2, -oq Respectfully Submitted, OM & KUTULAKIS, L.L.P. : UL. - 6"o Michelle L. Somm /,Esquire Attorney ID No. 93034 2 West High Street Carlisle, PA 17013 (717) 249-0900 VERIFICATION PURSUANT TO Pa.R.C.P. §1024(c) Michelle L. Sommer, Esquire, states that she is the attorney for the party filing the foregoing document; that she makes this affidavit as an attorney, because the party she represents lacks sufficient knowledge or information upon which to make a verification and/or because she has greater personal knowledge of the information and belief than that of the party for whom she makes this affidavit; and/or because the party for whom she makes this affidavit is outside the jurisdiction of the court, and verification of none of them can be obtained within the time allowed for the filing of the document; and that she has sufficient knowledge or information and belief, based upon her 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. X4904, relating to unsworn falsification of authorities. Date: b- gA ---n " 4, V I ° Michelle L. Sommer", Esquire rn" COP y DENISE M. THOMAS-KENNEDY, -: IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PA V. WILLIAM R. KENNEDY, JR., Defendant NO. 07-3072 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE NOTICE TO PRODUCE To: Defendant, William R. Kennedy, Jr. You are directed to produce the documents and things requested in the attached Request for Documents - First Set to Michelle L. Sommer, Esquire, ABOM & KUTULAKIS, L.L.P., 2 West High Street, Carlisle, PA 17013. If you fail to produce the documents or things required by this Request to Produce Documents, you may be subject to the sanctions authorized by Rules 234.5 and 4019(c) of the Pennsylvania Rules of Civil Procedure. You must sign the attached Verification verifying the truthfulness of your answers and information provided. ABOM & KUTULAKIS, L.L.P. f Date: aj ?(, LUC ?'w W. Michelle L. So r, Esquire Supreme Court ID # 93034 2 West High Street Carlisle, PA 17013 (717) 249-0900 EXHIBIT ll "All DENISE M. THOMAS-KENNEDY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. WILLIAM R. KENNEDY, JR., Defendant NO. 07-3072 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S REQUEST FOR PRODUCTION OF PERSONAL DOCUMENTS RELATED TO EQUITABLE DISTRIBUTION - FIRST SET TO: WILLIAM R. KENNEDY, JR. AND NOW, this 7th day of July, 2009, comes Plaintiff, Denise M. Thomas-Kennedy, by and through her attorney, Michelle L. Sommer, Esquire of Abom & Kutulakis, L.L.P., and requests the above-named Defendant, (hereinafter referred to as "you") to make available to the Plaintiff, copies of the following documents within thirty (30) days of service of this request. INSTRUCTIONS AND DEFINITIONS Plaintiff, Denise M. Thomas-Kennedy, by her undersigned counsel, hereby propounds the following request for production of documents and tangible things pursuant to Rule 4009.1 et seq. of the Pennsylvania Rules of Civil Procedure. The documents and tangible things requested herein must be produced at the law offices of Abom & Kutulakis, L.L.P., within thirty (30) days. Each of the following requests is intended as a separate request. Where a request has subparts, please respond to each subpart separately and in full. Do not limit any response to the numbered request as a whole. If you have any objection to any request, please state your objection fully and set forth the factual basis for your objection in lieu of production of the documents. You must file and serve a written response to these requests within thirty days of service of these requests upon you, regardless of the time set for production of the documents and things requested herein. You are reminded that any objections not raised within the thirty-day period provided for by Pa.R.C.P. 4009.12 will be deemed to have been waived by you. These requests are not only for documents and tangible things that are owned by you, but also for documents and tangible things that are in your possession, custody, or control. This means that you must produce all documents and tangible things that are responsive to a particular request and that are in your possession (regardless of whether they are your property), or over which you have control even if they are not in your possession. It also means you must produce documents and tangible things that are in the possession, custody, or control of your agents, employees, and/or attorneys. Before responding to these requests you are required to make a diligent search of your files and records to ascertain whether you have documents that would be responsive to a given request. Your agents, employees, and attorneys must do the same. To avoid any possibility of confusion with respect to these requests, please note that the following terms have the following meanings in these requests, unless a particular request clearly indicates otherwise: "You" or "your" refer to the person to whom these requests have been addressed. "Person" means any natural person, corporation, unincorporated association, trust, partnership, and/or any other legally cognizable entity. It is contemplated that any corporation or other business entity acts only through its agents, officers, employees, and attorneys, and requests that apply to any such legal entity should be construed accordingly. "Plaintiff' means the plaintiff or plaintiffs named in this action. "Defendant" means the particular defendant or defendants in this action to whom this request is addressed, as set forth above. "Document," "record," "file," and "report" all refer to and contemplate all written, recorded, or graphic information, whether preserved in writing, on magnetic tape, by electronic means, in photographic form, on microfilm or microfiche, computer disc, or by any other means of information retrieval or storage. "Identify" when used in reference to an individual means: (i) To state his/her full name. (ii) Present residence or last known residence. REQUEST FOR PRODUCTION OF PERSONAL DOCUMENTS RELATED TO EQUITABLE DISTRIBUTION - FIRST SET 1. Provide any and all documentation relating to the sale of the residence located at 1700 Bristol Road, Southampton, Pennsylvania 18966. 2. Provide any and all documents evidencing improvements to the marital residence located at 351 York Road, Carlisle, Pennsylvania from three (3) years prior to the filing of the Divorce Complaint on May 21, 2007, up to the present day. 3. Provide any and all bank statements, that are held individually in your name or that are held jointly with any other person, from five (5) years prior to the filing of the Divorce Complaint on May 21, 2007, up to the present day. 4. All loan applications and loan documents pertaining to any sums of money borrowed or to be borrowed by you, individually or jointly with any other person, or as guarantor from a date five (5) years prior to the filing of the Divorce Complaint on May 21, 2007, up to the present day. 5. Provide any and all documents including, but not limited to, any individual retirement account, pension or profit sharing plan, savings plan, Keogh, 401(k) Plan, annuity benefits, retirement plan, stock bonus plan, stock option plan, thrift plan (excluding social security benefits), with your present employer, or any previous employer, or regarding any other retirement benefits in which you, individually or with others, have or had any interest with benefits still due, including the summary plan description, and other such information regarding the terms of the retirement plan, as well as annual statements for the past five (5) years, including the statement closest to the date of marriage and the statements immediately preceding and immediately following filing of the Divorce Complaint on May 21, 2007. 6. Provide any and all financial statements or documents referring to any deferred compensation plan, to which you were entitled by reason of any present or past employment for the past five (5) years prior to the filing of the Divorce Complaint on May 21, 2007, up to the present day. 7. Provide any and all life insurance and annuity policies in which you have any interest as an owner, insured, or beneficiary, including any change of beneficiary forms executed by you from two (2) years prior to the filing of the Divorce Complaint on May 21, 2007, up to the present day. 8. Provide any and all documents in which you are a beneficiary or Trustee. 9. Provide any and all documentation related to the business in which you owned during your marriage, either individually or jointly with others, as well as the income and earnings records, including but not limited to payroll stubs or wage statements, Federal Income Taxes for the two (2) year period prior to its dissolution, sale or termination. 10. Provide any and all documentation relating to the dissolution, sale or termination of such business in the question above, such as how it was dissolved, sold or terminated; when it was dissolved, sold or terminated; if in fact it was dissolved sold, or terminated; what it was sold for, whom it was sold to, etc. 11. Provide any and all monthly credit card statements and other charge account statements (MasterCard, Visa, American Express, Discover, department stores, oil and gas companies, etc.), and supporting information, the accounts of which are in your name individually or jointly with any other person, for the past twelve (12) month period prior to the filing of the Divorce Complaint on May 21, 2007, up to the present day. 12. Documentation verifying the sale by you of any asset having a value in excess of $1,000.00 from three (3) years prior to the filing of the Divorce Complaint on May 21, 2007, up to the present day. 13. All documentation evidencing the removal, transfer, redemption, or disbursement by you of any funds in excess of $1,000.00 from any savings accounts, certificates of deposit, or other depository receipt from three (3) years prior to the filing of the Divorce Complaint on May 21, 2007, up to the present day. 14. Provide any and all documentation and information of any vehicle, trailer, motor home, boat, motorcycle, etc., presently owned by you or which you have an ownership interest for the past five (5) years, including registration, titles and bill of sales. 15. Provide an itemized list of the property and/or collectibles stored in the storage unit "X", as well as any other unit located in Mt. Holly Springs owed by Larry Warner and rented and/or used by the Defendant to store property and/or collectibles. 16. Provide an itemized list of the property and/or collectibles stored in the storage unit "#12", as well as any other unit located at 251 Sheaffer Road, Carlisle, PA, that is currently being used by the Defendant to store property and/or collectibles. 17. Provide an itemized list of the property and/or collectibles of the items that were removed from the martial residence located at 351 York Road, Carlisle, Pennsylvania, on Friday, May 1, 2009. 18. Please provide an itemized list of each and every collectible (listed by grouping) that was removed from the marital residence by the Defendant, as of the filing of the Divorce Complaint on May 21, 2007, up to the present day. 19. If such item was removed, please provide a value on each collectible that was removed from the marital residence by the Defendant, as of the filing of the Divorce Complaint on May 21, 2007. 20. Please provide an itemized list of all the collectibles that have been sold by the Defendant since the date of separation by the Defendant, as of the filing of the Divorce Complaint on May 21, 2007; as well as, how much each item was sold for. 21. Have you loaned or given money or property having a value in excess of $1,000.00 to relatives, friends, or anyone else since the date of your marriage to Denise Thomas-Kennedy? 22. If the answer to the above question is YES, please provide the name of the person who has received such gift, the amount (or property) they have received, whether the money (or property) was a gift or a loan; the date of each loan or gift; and the reason for each loan or gift. 21 Please provide any and all documentation of any interest that you may have, either individually or with others, in which you may have a legal or equitable interest in such as with any securities, mutual funds, stock funds, money market funds, fold funds and real estate investments, etc., from three (3) years prior to the filing of the Divorce Complaint on May 21, 2007, up to the present day. 24. Please provide any and all documentation, either in your name or that you may hold an interest in, relating to any safes, lock boxes and safe deposit boxes which you have held property or have had an interest in from three (3) years prior to the filing of the Divorce Complaint on May 21, 2007, up to the present day. 25. Provide any evaluation(s) and/or medical report(s) if you are currently or have been during the past two (2) years, under the care of a physician, psychologist/ psychiatrist, medical practitioner, or therapist, other than for a regular check-up. Respectfully submitted, ABOM & KUTULAKIS, L.L.P. Da Michelle L. Sommer, Esquire Supreme Court ID No. 93034 2 West High Street Carlisle, PA 17013 (717) 249-0900 Attorney for the Plaintif VERIFICATION I, WILLIAM R. KENNEDY, JR., verify that the documents produced in the foregoing Request for Production of Documents - First Set 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 WILLIAM R. KENNEDY, JR. 08/2,'/20P_° '.S:15 0090000000 WAYNE F. SHADE ATTORNEY AT LAW 53 WEST POMFRET STREET CARLISLE, PENNSYLVANIA 17013 (717)243.0220 (800) 243-0220 PAGE 01 August 24, 2009 Michelle L. Abom & Ki 2 West Higl Carlisle, PC: Esquire 17013 Re: Kennedy v. Kennedy: Dear This in response to your letter today. You ay recall our email of August 13, 2009, in which we set forth a U of thr reasons why t seems clear to us that Wife is being unreasonably obstinate in refusing to cooperate w h the listing of the marital residence with Mr. Shulenberger whi ie she is also refusing to plain why she will not contribute half of the funds that would be. necessary to cure the >rtgage defaults so that the property could be transferred without the expense of ; eal estate commission. Where Wife has shown no indication of an intention to be reason le in this case, we fail to see how a meeting would be productive. Our view is that, until a issue of the house is resolved, there are far too many questiorjs and not nearly enou answers. We would continue to suggest that Wife sign., a listing, agreoment with Mr. Sh enberger immediately. Once the house has been sold and closer. upon, we. would then lesent a formal demand to resolve the case comprehensively, With. responses to, your incomp. deficiencies 2009, we ov focused only months later Bard to the issue of discovery, you are certainly aware that complete it discovery were due more than seventeen months ago. When we received e responses in April, we promptly advised you as to Numerous. spec; is your responses. It would be suggested to you that in our letter of April 217, poked many of the deficiencies in order to move this case forward. We 7 the most essential items of information that we needed. Nearly fntlt ,e have received no responses to that letter whatsoever. We will respoi d to EXHIBIT "B11 08/24/2009 16:15 Wayne F. Sh Michelle L. August 24, 2 Page 2 your disc April 27, As fair: statute requir. decree in divi ,decree duri a. written spet your inquiry i Once toward the c to pay half o hope that yo cannot be pe she received this past spri case. In Gulf. 0003000000 Esquire, to ner, Esquire PAGE 02 after we have received complete responses to the inquiries iii oor lett.-r of the issue of bifurcation is concerned, you are certainly aware ?fiat the , that Wife prove that compelling circumstances exist for thL entry of? ce and that sufficient economic protections have been provided for r litigation of the issues of equitable distribution. If you will tauor us ?,s,ith ication of Wife's compelling circumstances, we will further respond o this respect. in, we would suggest that, if Wife is sincerely interested in cooperating >rehensive resolution of this case upon a reasonable basis, her agrce)ii.ent expense to cure the mortgage defaults is the first order of business, We ill be able to assist Wife in seeing the wisdom of that proposition. IF Wife ided of that, while refusing to explain what she did with the $;.'7,000 that fall and the more than $3,000 in bonus compensation that shv? received then we will see no reasonable prospect for a negotiated resolution J this following is a copy of a letter of August 21, 2009. frc?ni Roy, er's Very truly yours, 10 Wayne. Shade WFS/cjt Enclosure cc: Mr. Liam. R. Kennedy T4/2%/2UT? 15:28 9E??660E?006 RI I? II I. I? U I? PAGE WAYNE F. SHADE ATTORNEY AT I,AW 53 WEST POMFRET STREET CARLISLE, PENNSYLVANIA 17013 (717) 243-0220 (800) 243-0220 FAY (71'1) 249-0017 April 27, 2009 Michelle L ommer, Esquire Abom & K; lads 36 South H. over Street Carlisle, Pe nsylvania 17013 Re: Kennedy v. Kennedy Dear We l ve reviewed your responses to our Interrogatories, and we would have the following c mments: 1. note that you have not provided the balance of Wife's defined contribution pension pla as of May 21, 2007; 2. will not be able to obtain an actuarial calculation of the date off- separation lump sum lue of Wife's defined benefit pension plan because you do not provide us with the est ated monthly pension to which she would have been entitled ill' it were assumed th' she were at the earliest date when she could retire without reduction t ?t benefits on; a May 21, 2007, date of filing of the Complaint in Divorce. We. will need that amoun n writing from the person in charge with pension plan admini stration at Land O' Lakes; 3. ere you contend that the parties have been separated for nearly four years, we will net to have complete responses to our Interrogatories 26, 27 and 28 before; 'Ale will be able o certify that discovery is complete; and 4. rhased regard to the sale of the Ford Explorer, Husband indicates Oat; the vehicle was beby a relative of Wife's on an installment basis with payments of EXHIBIT „C„ 04/27/200° 15:28, 3000000000 PAGE 02 Wayne F. Michelle L April 27, 2 Page 2 iade, Esquire, to Sommer, Esquire $253 per z nth. He further indicates that Wife received all of the payment,:. Our Interrogato 31 requests an accounting with respect to those payments, and ,,N-e w? i need that acco Ling for the purposes of equitable distribution. We k forward to receiving the foregoing and your complete responses to OUI' Request fo Production of Documents. In t meantime, we have no record of having received a response to our en1.ail of. April 18, 2' ? 9, in which we renewed our request for specification of the language gin. the relocation r: i ogram documents which would indicate that attempts to sell the grope ly prior to a ling in the relocation program would disqualify the parties from participating in the reloc 'ion program. We had also requested, in that email, documentation of the specific dat when Wife's eligibility to enroll in the relocation program wouki expire, Fu in the meantime, the parties had been contributing $1,210 per rnontli to account # 3: 0121181656 at Wachovia. From those funds, the payments for the tl',!O mortgages i the respective amounts of $1,845.93 and $572.42 were automatically withdrawn the bank from that account. Hus d made his deposit on March 27, 2009, for the April payment, but W l c apparently not make her deposit. As a result, the parties are now delinquent, )ke would be w ling to continue to contribute to the payment of those mortgages if you could confirm tha Wife has paid her $1,210 for March and April plus any late charges. Very truly yours, 116 Wayne F. Shade WFS/cjt cc: Mr. illiam R. Kennedy om e ATTORNEYS AT LAW OFFICE LOCATIONS CARLISLE OFFICE (717) 249-0900 HARRISBURG OFFICE (717) 232-9511 CHAMBERSBURG OFFICE (717) 267-0900 YORK OFFICE (717) 846-0900 April 29, 2009 Wayne F. Shade, Esquire Attorney at Law 53 West Pomfret Street Carlisle, PA 17013 Re: Denise M. U mm Kennedy u Wil am R Kennedy, Jr. Do&d ATa: 07-3072 OurFile Na: 09-012 Dear Attorney Shade: I am in receipt of your facsimile dated April 27, 2009 and will attempt to address each of your comments individually. I believe number 1 and number 2 will be answered in the Request for Production of Documents, if not please let me know and I will request additional information from Mrs. Thomas-Kennedy's employer. As for the Request for Production of Documents, it is forthcoming; however, she is having a difficult time retrieving her ending credit card statements directly from the companies. She has made the request on- line but unfortunately they will only send the copy from May 2007 through the mail and it is taking some time to receive them. Once I have them all in hand, the Request for Production of Documents will be complete and I will be able to mail out our Answers. As for having Interrogatory Numbers 26 and 27, as stated in my answer, I do not know at this time who I will be calling as witnesses. At this point we are not even scheduled for a hearing; therefore it is premature for me to be answering such a question. I cannot give you a list of non-expert witnesses or expert witnesses, nor what would be the substance of their testimony. Consequently, my answer still remains the same, "Not known at this time". As for Interrogatory Number 28, we do not believe that Mrs. Thomas-Kennedy's physical or mental health will have any bearing on any aspect of this case. As for the Ford Explorer, your statement is incorrect that "Wife received all of the payments". The $253.00 installment payments went into a line of credit that was through Wachovia Bank. That line of credit was in botk parties' names; and therefore, Mr. Kennedy can request copies of those statements directly from Vi'achovia just as easily as Mrs. Thomas-Kennedy can should you like to review those statements for your accounting purposes. EXHIBIT long? Wayne F. Shade, Esquire April 29, 2009 Page 2 Enclosed is a copy of the Land O'Lakes Relocation Policy on Home Marketing and Home Sale Assistance. As you will see in the highlighted portion, properties that do not qualify for Home Sale Assistance are "Properties that have been on the market at any time within six months of the date of the employee's invitation into the program". Therefore, it is clear that the marital home either needs to be listed with a private realtor or be included within Mrs. Thomas-Kennedy's SIRVA's program. Attached is an e-mail from Rashi McKinney, the SIRVA Relocation Counselor at Land O'Lakes that states that Mrs. Thomas-Kennedy must begin her enrollment in the relocation program no later than September 1, 2009. If you recall, at the Domestic Relations hearing on March 25, 2009, we clearly stated in front of you, your client and Ms. Shadday, that Mrs. Thomas-Kennedy was going to be leaving the marital residence. We further went on to state that upon leaving she would no longer be making any payments on the mortgage because she was going to be relocating. She has made the back payments and the late payments; however, there will be no more. Mrs. Thomas-Kennedy is no longer residing in the marital home at this time; and therefore will not be making any additional mortgage payments. This matter can be addressed before the Divorce Master if you believe it to be an issue. Mr. Kennedy is now residing in the marital residenc; he should be making those mortgage payments. As far as we are concerned, this matter can be handled before Divorce Master Elicker in the future and he can address the rental value that Mrs. Thomas-Kennedy could actually be receiving for Mr. Kennedy residing in the martial home during this time. We respectfully ask that Mr. Kennedy continue to make the full payments on the first ($1,845.93) and second ($575.42) mortgage payments until this matter can be addressed before Divorce Master Elicker. Should you have any questions or concerns, please do not hesitate to contact me. Sincerely, ABOM & KUIIIL,ARTS; LLP. ?MViLOS Esquire MLS/tlf Enclosures cc: Denise Thomas-Kennedy T2ABOM & NU i LILAKIS Michelle L. Sommer, Esquire Attorney I.D. #: 93034 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 DENISE M. THOMAS-KENNEDY, Plaintiff V. WILLIAM R. KENNEDY, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 07-3072 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S ANSWER TO DEFENDANT'S REQUEST FOR INTERROGATORIES 1. Plaintiff believes the date of Separation to be September 1, 2005 because that was the date the Defendant began sleeping in the old portion of the marital residence, located at 351 York Road, Carlisle, Pennsylvania, Cumberland County, in his own separate sleeping quarters and began living separate and apart in his own portion of the marital residence. On September 1, 2005, the parties stopped communicating and no longer had any conversation, not did the parties live in the same quarters in the marital home. This was able to be achieved due to the fact the new addition had been built and finished in approximately December 2005 and each party had their own separate master bedroom, bathroom, kitchen and living room. 2. The Total Plan Balance as of September 2005 was $98,094.41; however the Vested Balance was $71,884.49. a. A $5,000.00 loan was taken from the 401(k) on May 2, 2001 in order to pay off and consolidate marital bills and was paid off on August 15, 2002. b. A $4,000.00 loan was taken from the 401(k) on January 17, 2003 in order to pay off and consolidate marital bills and was paid off on May 15, 2003. EXHIBIT "En c. A $15,000.00 loan was taken from the 401(k) on May 30, 2004 in order to pay off and consolidate marital bills and was paid off August 3, 2006. d. A $30,000.00 loan was taken from the 401(k) on August 7, 2006 in order to pay off and consolidate marital bills and was paid off on May 5, 2008. 3. Plaintiff began working for Interstate Milk Producers Co-Operative on April 1, 1974 and her earliest eligible commencement date is June 1, 2011; however, her normal retirement date is June 1, 2021. a. Plaintiff's pension is fully vested. b. Her original Interstate Milk Producers Co-Operative retirement was combined with her Land O'Lakes retirement. 4. Not applicable. 5. Wachovia Account that is in the Defendant's name. a. This was for the Defendant's social security checks and the Plaintiff was a co-signer on this account in case of emergencies; however she never received any money from this account. 6. Not applicable. 7. Not applicable. 8. Not applicable. 9. Both the First and Second Mortgage on the marital residence, located at 351 York Road, Carlisle, Pennsylvania, Cumberland County, are held with Wachovia Bank and are in both the Defendant's and Plaintiff's names. 10. The property located at 371 York Road was sold in January 2008 for $137,000.00 with approximately $34,000.00 in equity that was divided equally between the Defendant and the Plaintiff. 11. Not applicable. 12. Not applicable. 13. Cid Bank Credit Card (2); Sears Credit Card; Discover Card; Bon-Ton Credit Card; Home Depot Credit Card; Victoria's Secret Credit Card; JC Penny Credit Card; Lane Bryant Credit Card; Loan with M&T Bank; Loan with Members 1st Bank; Loan with Wachovia Bank. 14. Not applicable. 15. Not applicable. 16. Not applicable. 17. Not applicable. 18. Not applicable. 19. 1979 Volkswagen Beetle Convertible and 1985 F-250 Ford Truck 20. Term Life Insurance Policy through Land O'Lakes in which there are 3 beneficiaries. a. The company covers a payout equal to her current salary; however, the Plaintiff has elected to pay for additional coverage at two times her currently salary. i. The beneficiaries are divided as: 20% to the Defendant, 40% to Erin Michelle Windmassinger, 40% to Denise Marie Windmassinger b. Plaintiff's 401(k) beneficiaries are currently listed as: 30% to the Defendant, 35% to Erin Michelle Windmassinger, 35% to Denise Marie Windmassinger 21. Not applicable. 22. Not applicable. 23. Not applicable. 24. This list is not complete because the Plaintiff is unable to get into the two (2) storage units; however, this is what she has thus far. a. Two white gold diamond rings which were her mother's. Plaintiff's mom died in 1988 and that's when she received the rings. b. Two gray Ice cream tables and four chairs. Same time frame as the rings. c. Disney figurines (approximately 12-15 figurines) which Plaintiff bought for her daughters. They were all purchased before 1989. d. Radio Red wagon Plaintiff bought when her mother was still alive across from her house in Churchville (prior to 1988). e. Items located in the Storage Unit #12. f. All of the items that came from Bucks County (before the move) and have been in storage since then. 25. Not applicable. 26. Not known at this time. 27. Not known at this time. 28. Not known at this time. 29. Not applicable. 30. See Answer #2. 31. Defendant has all documentation relating to the sale of the Ford Explorer during the marriage since this vehicle was tided in his name and he was responsible for the sale. 32. 2007 Ford Mustang was purchased from Family Ford Mustang on May 21, 2007 for $34,515.46 with no down payment. a. The vehicle was financed through M&T Bank and the monthly payment is $610.00/month. Respectfully submitted, Date 2LIM ABOM & KUTULAKIS, L.L.P. Michelle L. So r, Esquire Attorney ID No. 93034 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for the Plaintiff I, DENISE M. THOMAS KENNEDY, verify that the statements made in this Plaintiff's Answer to Defendant's Request for Interrogatories are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date `111 %/? I n c. ?'1 C DENISE M. THOMAS KENNED CERTIFICATE OF SERVICE AND NOW, this 14W day of April, 2009, I, Michelle L. Sommer, Esquire of ABOM & KUTULAKIS, L.L.P., hereby certify that I did serve or cause to be served a true and correct copy of the foregoing Plaintiffs Answer to Defendant's Request for Interrogatories by First Class U.S. Mail addressed to the following: Wayne F. Shade, Esquire Attorney at Law 53 West Pomfret Street Carlisle, PA 17013 Attorney for the Defendant Michelle L. So r, Esquire ABOM & j?LITLiLAKIS Michelle L. Sommer, Esquire AttomeN I.D. #: 93034 2 West Hiah Street Carlisle. PA 17013 (717) 249-0900 DENISE M. THOMAS-KENNEDY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA V. WILLIAM R. KENNEDY, JR., Defendant : NO. 07-3072 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE PLAINTIFF'S ANSWER TO DEFENDANT'S REQUEST FOR PRODUCTION OF DOCUMENTS 1. See Exhibits # 1(a) through # 1(d). a. Exhibit 1(a) - Settlement Statement on the property located at 371 York Road, Carlisle b. Exhibit 1(b) - Settlement Statement on the property located at 351 York Road, Carlisle c. Exhibit 1(c) - Deed located on the property located at 351 York Road, Carlisle d. Exhibit 1(d) - 1" and 2' Mortgage Information on the property located at 351 York Road, Carlisle e. Defendant has the ability to provide documentation on the marital property located at 351 York Road, Carlisle as it is in his possession, or if not, he has the ability to get the information since he is also listed as a borrower for the 1" and Ina Mortgage with Wachovia Bank. EXHIBIT "F" 2. Plaintiff has no information in her possession responsive to this request. 3. Plaintiff has no information in her possession responsive to this request. 4. Plaintiff has no information in her possession responsive to this request. a. Wachovia Bank would have this in their possession and Defendant has the ability to request such documentation on the marital property located at 351 York Road, Carlisle since he is also listed as a borrower for the 1" and 2°d loan with Wachovia Bank. 5. See Exhibits #2(a) through #2(b). a. Exhibit 2(a) - Checking Account Statements from Commerce Bank from May 2003 through December 2005. b. Exhibit 2(b) - Savings Account Statements from Commerce Bank from January 2003 through October 2005. 6. Plaintiff has no information in her possession responsive to this request. 7. Plaintiff has no information in her possession responsive to this request. 8. See Exhibit #1. 9. See Exhibit #1. 10. See Exhibit #1. 11. See Exhibit #1. 12. See Exhibit #1. 13. See Exhibits #3(a) through #3(c). a. Exhibit 3(a) - Copy of Sears Credit Card (xxxx xxxx xxxx 0873) b. Exhibit 3(b) -Copy of Home Depot Credit Card (xxxx xxxx xxxx 4631) c. Exhibit 3(c) Copy of Citi Credit Card (xxxx xxxx xxxx 6459) 14. See Exhibit #4 - Copies of Plaintiff's information on her Retirement (Pension) Plan and Supplemental (401(k)) Retirement Plan. 15. Plaintiff has no information in her possession responsive to this request. 16. Information was provided to Defendant's Counsel at the Domestic Relation's Conference on March 25, 2009. 17. See Exhibit #5 - Copy of Plaintiff's loan history against her Pension Plan. 18. See Exhibit #6 - Copy of Plaintiff's 2007 W-2. 19. Information was provided to Defendant's Counsel at the Domestic Relation's Conference on March 25, 2009. 20. See Exhibit #7 - Copy of Plaintiff's purchase of the 2007 Ford Mustang. 21. Plaintiff has no information in her possession responsive to this request. a. Defendant has all documents relating to the sale of the Ford Explorer since it was titled in his name. 22. Plaintiff has no information in her possession responsive to this request. Respectfully submitted, Date fifa o VI ABOM & KUTULAKIS, L.L.P. Michelle L. Somm , Esquire Attorney ID No. 93034 2 West High Street Carlisle, PA 17013 (717) 249-0900 Attorney for the Plaintiff VERIFICATION I, DENISE M. THOMAS KENNEDY, verify that the statements made in this Plaintiffs Answer to Defendant's Request for Interrogatories are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date 17111310 fL ),71 DENISE M. THOMAS KENNE Y CERTIFICATE OF SERVICE AND NOW, this 10`'' day of June, 2009, I, Michelle L. Sommer, Esquire of ABOM & hUTULAhIS, L.L.P., hereby certify that I did sen-e or cause to be se17,ed a true and correct copy of the foregoing Plaintiff's Answer to Defendant's Request for Production of Documents by First Class U.S. Mail addressed to the following: Wayne F. Shade, Esquire Attorney at Law 53 West Pomfret Street Carlisle, PA 17013 Attorney for the Defendant Michelle L. Sommer, RI/squire CERTIFICATE OF SERVICE AND NOW, this 28th day of August, 2009, I, Michelle L. Sommer, Esquire of ABOM & KUTULAKIS, L.L.P., hereby certify that I did serve or cause to be served a true and correct copy of the foregoing Motion to Compel - Production of Documents by First Class, U.S. Mail addressed to the following: Wayne F. Shade, Esquire Attorney at Law 53 West Pomfret Street Carlisle, PA 17013 Attorney for the Defendant/Kerpondent Michelle L. Somm squire OF THE 2009 A UG 26 Ail lip: 5 CUB? :`1 rY DENISE M. THOMAS-KENNEDY,: IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 07-3072 CIVIL WILLIAM R. KENNEDY, JR., Defendant : IN DIVORCE IN RE: MOTION TO COMPEL PRODUCTION OF DOCUMENTS ORDER AND NOW, this day of September, 2009, a brief argument on the within motion to compel is set for Thursday, October 8, 2009, at 2:30 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, Kevin . Hess, J. Michelle L. Sommer, Esquire For the Plaintiff ? Wayne F. Shade, Esquire For the Defendant :rlm COP its /n,"2LL `mo't FLED. - ! S i F '7ARY M9 SEP -2 P 1: 48 DENISE M. THOMAS KENNEDY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. WILLIAM R. KENNEDY, JR., Defendant NO. 07-3072 CIVIL TERM : IN DIVORCE HUSBAND'S PETITION TO COMPEL DISCOVERY TO THE HONORABLE, THE JUDGES OF SAID COURT: AND NOW, comes Defendant WILLIAM R. KENNEDY, JR., by and through his attorney, Wayne F. Shade, Esquire, and respectfully represents, as follows: 1. Petitioner WILLIAM R. KENNEDY, JR. (hereinafter referenced as "Husband"), is an adult individual and the Defendant herein. 2. Respondent DENISE M. THOMAS KENNEDY (hereinafter referenced as "Wife"), is an adult individual and the Plaintiff herein. 3. On February 11, 2008, Husband issued Interrogatories and Request for Production of Documents upon Wife. 4. WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 The Interrogatories inquired specifically into the economic issues of the case and required responses within thirty days from the date of service. 14 5. Wife did not provide any responses whatsoever for more than fourteen months until she served her answers to Interrogatories on April 14, 2009. 6. The responses that Wife did then provide were incomplete, and we promptly specified to her, in writing in our letter of April 27, 2009, the specific respects in which her responses were incomplete. That letter is attached to Wife's Petition to Compel as Exhibit "C". 7. Wife did not serve her responses to our Request for Production of Documents until nearly two months later on June 10, 2009. 8. After more than four months from the date of our written specification of the material deficiencies in Wife's responses, we are still awaiting receipt of the following items of information that were initially requested more than eighteen months ago: (a) We will not be able to obtain an actuarial calculation of the date of separation lump sum value of Wife's defined benefit pension plan because Wife has not provided us with a statement, from the person in charge of pension plan WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 administration at Land O' Lakes, of the monthly pension to which she would have -2- been entitled if it were assumed that she were at the earliest date when she could retire without reduction in benefits on the May 21, 2007, date of filing of the Complaint in Divorce, as requested in our Interrogatory 3. (b) Values of Wife's 1985 Ford F250 four wheel drive pickup, 2002 Ford F 150 pickup, 1979 Volkswagen, and 2004 Ford Focus SE as of May 21, 2007, as requested in our Interrogatory 19. (c) Wife contends that the parties have been separated for four years, but she says, in response to our Interrogatories 26 and 27, that she is unable to provide us with the identities of her non-expert or expert witnesses, not to mention the substance of the testimony of each. (d) Wife says in response to our Interrogatory 28 that she is unable to say whether or not she will be contending that her physical or mental health will have any bearing on the disposition of any aspect of this case, and, if so, the identities of her health care providers and the details of her symptoms, diagnoses, and treatments. (e) Dates and amounts of all payments that Wife received from her sister WAYNE F. SHADE Attorney at Law 53 West Pomfret Streel Carlisle, Pennsylvania 17013 for the sale of a marital Ford Explorer and the dates, amounts, payees, and purposes of the expenditures of those funds by Wife as requested in our Interrogatory 31. -3- 10 (f) Our Request 21 requests copies of all statements showing the deposit of all payments that Wife received on account of the sale of the Ford Explorer during the marriage. Wife says that Husband has all documents relating to the sale of the vehicle, but Wife received all of the payments. (g) Our Request 13 requests copies of the monthly credit card statements for all credit card accounts with respect to which Wife was authorized to make charges from three years prior to the date of separation to the date of her response and continuing thereafter. Wife produced only one monthly statement for each of four accounts. 9. For the last several years of marital cohabitation, Husband gave all of his paychecks to Wife, and Wife paid all of the household finances while Husband was working as a contractor, usually out of state. 10. Husband avers that complete responses to his written discovery are absolutely essential to his advancement of his economic claims. 11. Husband has sought the concurrence of counsel for Wife with this Petition, and WA=E F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 counsel does not concur. -4- 12. Argument upon Wife's Motion to Compel Production of Documents is scheduled for October 8, 2009, at 2:30 P.M. in Courtroom No. 4 of the Cumberland County Courthouse. WHEREFORE, Husband requests that your Honorable Court issue a Rule upon Wife to show cause why this Petition to Compel Discovery should not be granted and Wife ordered to file her Answers to Husband's written discovery within ten days from the date of service hereof or suffer sanctions. Respectfully submitted, r_ Wayne . Shade, Esquire Attorney for Husband WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -5- V Wayne F. Shade, Esquire, states that he is the attorney for the party or parties filing the foregoing document; that he makes this verification based upon facts which are within his personal knowledge, information or belief and that any false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: September 3, 2009 Wayne . Shade, Esquire WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 F THE 4 G )L ; i,I 2 ; I . DENISE M. THOMAS KENNEDY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. : NO. 07-3072 CIVIL TERM WILLIAM R. KENNEDY, JR., Defendant : IN DIVORCE HUSBAND'S ANSWER TO WIFE'S MOTION TO COMPEL PRODUCTION OF DOCUMENTS L-5. Admitted. 6. Admitted with the exception of Wife's Request 9 which is unduly burdensome to the extent that it requests any and all documentation related to small contracting jobs that Husband did ten years ago in the first years during the marriage. The joint income tax returns that Wife signed indicated that the gross revenues of the business were never greater than the $11,583 in 2001. In that year, the business lost $2,325. From 2000 through 2003, the combined losses of the business were $4,929. Husband did not do anymore work on the side after 2003 when he was 69 years of age because he was working out of state. 7. Admitted. By way of further response, Husband avers that, on February 11, 2008, WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 he issued Interrogatories and Requests for Production of Documents upon Wife. Wife did not provide any responses whatsoever for more than fourteen months until she served her partial answers to Interrogatories on April 14, 2009. The responses that she did then provide were incomplete, and we promptly specified to her, in writing in our letter of April 27, 2009, the specific respects in which her responses were incomplete. That letter is attached to Wife's Motion as Exhibit "C". Wife did not serve her responses to our Request for Production of Documents until nearly two months later on June 10, 2009. Where Wife persists in refusing to fully respond to Husband's discovery after more than a year and a half, it will be much more difficult to enforce cooperation from Wife if Husband will be required to respond to Wife's discovery, issued two months ago, before Wife fully responds to Husband's discovery. After more than four months from the date of our written specification of the material deficiencies in Wife's responses, we are still awaiting receipt of the following items of information that were initially requested more than eighteen months ago: (a) We will not be able to obtain an actuarial calculation of the date of separation lump sum value of Wife's defined benefit pension plan because Wife has not provided us with a statement, from the person in charge of pension plan administration at Land O' Lakes, of the monthly pension to which she would have been entitled if it were assumed that she were at the earliest date when she could retire without reduction in benefits on the May 21, 2007, date of filing of the WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 Complaint in Divorce, as requested in our Interrogatory 3. -2- ,m? WO (b) Values of Wife's 1985 Ford F250 four wheel drive pickup, 2002 Ford F 150 pickup, 1979 Volkswagen, and 2004 Ford Focus SE as of May 21, 2007, as requested in our Interrogatory 19. (c) Wife contends that the parties have been separated for four years, but she says, in response to our Interrogatories 26 and 27, that she is unable to provide us with the identities of her non-expert or expert witnesses, not to mention the substance of the testimony of each. (d) Wife says in response to our Interrogatory 28 that she is unable to say whether or not she will be contending that her physical or mental health will have any bearing on the disposition of any aspect of this case, and, if so, the identities of her health care providers and the details of her symptoms, diagnoses, and treatments. (e) Dates and amounts of all payments that Wife received from her sister for the sale of a marital Ford Explorer and the dates, amounts, payees, and purposes of the expenditures of those funds by Wife as requested in our Interrogatory 31. (f) Our Request 21 requests copies of all statements showing the deposit of all payments that Wife received on account of the sale of the Ford Explorer during WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -3- V 1 the marriage. Wife says that Husband has all documents relating to the sale of the vehicle, but Wife received all of the payments. (g) Our Request 13 requests copies of the monthly credit card statements for all credit card accounts with respect to which Wife was authorized to make charges from three years prior to the date of separation to the date of her response and continuing thereafter. Wife produced only one monthly statement for each of four accounts. 8. The averments of ¶ 8 of Wife's Motion are admitted in part and denied in part. It is denied that Wife has fully responded to Husband's discovery. On the contrary, Husband avers that Wife's responses were incomplete in the several respects as more particularly averred in the response in ¶ 7 above which is incorporated herein by reference as though fully set forth. 9. Admitted. 10. It is admitted that Wife filed responses to Husband's written discovery as averred, WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 but it is denied that those responses were complete responses. On the contrary, Husband avers that Wife's responses were incomplete in the several respects as more particularly -4- w _. averred in the response in ¶ 7 above which is incorporated herein by reference as though fully set forth. 11. The averments of ¶ 11 of Wife's Motion are denied. On the contrary, Husband avers that, where Wife filed no responses whatsoever to Husband's discovery for more than a year and where Wife persists in refusing to fully respond to Husband's discovery after more than a year and a half, it will be much more difficult to enforce cooperation from Wife if Husband will be required to respond to Wife's discovery, issued two months ago, before Wife fully responds to Husband's discovery. 12. The averments of ¶ 12 of Wife's Motion are denied. On the contrary, Husband avers that he should not be held responsible for any expenses incurred by Wife where Wife persists in refusing to fully respond to Husband's discovery after more than a year and a half. WHEREFORE, Husband respectfully requests that Wife's Motion be dismissed. 4Z44itf- ?C?. Wayn . Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Defendant -5- N Wayne F. Shade, Esquire, states that he is the attorney for the party filing the foregoing document; that he makes this verification with the authorization to do so and based upon facts which are within his knowledge, information or belief and that any false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: " 41 0 ?.. ?! ?Ql-', 4 ? Wayn . Shade WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 FILEC1 ?`1"? .? ;,.r . 0F THC ^T , 'OTARY 2009 SEP -3 PM 2: 16 PEN"iu'bANIA 46 V DENISE M. THOMAS KENNEDY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. NO. 07-3072 CIVIL TERM WILLIAM R. KENNEDY, JR., : Defendant : IN DIVORCE ORDER OF COURT AND NOW, this 8" day of 5- , 2009, upon consideration of the within Petition, it is hereby ordered, as follows: (1) A Rule is issued upon Wife to show cause why this Petition to Compel Discovery should not be granted and Wife be ordered to file complete Answers to Husband's written discovery or suffer sanctions; (2) Wife shall file an Answer to the Petition within z C days of the date of service of this order; and (3) Argument shall be held thereon on October 8, 2009, at 2:30 o'clock P.M. in Courtroom No. 4, Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, J. Wayne F. Shade, Esquire Attorney for Plaintiff WAYNE F. SHADE Attorney at Law Michelle L. Sommer, Esquire 53 West Pomfret Street Carlisle, Pennsylvania Abom & Kutulakis 17013 Attorneys for Defendant a t . F- S F-r?? LL 9 if?ITIA RRD-?'FCE OF THE T"IOTAR' 5EP "8 AN 11: 39 vAW, DENISE T. KENNEDY, Plaintiff/Respondent VS. WILLIAM R. KENNEDY, JR., Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 07-3072 CIVIL TERM IN DIVORCE PACSES CASE: 487110621 ORDER OF COURT AND NOW to wit, this 9th day of September, 2009, it is hereby Ordered that the Petitioner's petitioner for modification of the Alimony Pendente Lite order is dismissed, without prejudice, pursuant to his Unemployment Compensation benefits being extended. . The Order of March 25, 2009 remains in its entirety until further order of court. BY THE COURT: t X14 - N\ M. L. Ebert, Jr., J. DRO: R.J. Shadday xc: Petitioner Respondent Wayne F. Shade, Esq. Michelle Sommer, Esq. Form OE-001 Service Type: M Worker: 21005 RLED-OFFCE OF 7HE PROPS i KOTARY 2099 SEP -9 PM 2: 21 d'u?/f...''..iLj?Y?',..yi !1 ? t OM & KUTULAKIS Michelle L. Sommer, Esquire Attorney I.D. #: 93034 2 West High Street Carlisle, PA 17013 (717) 249-0900 DENISE M. THOMAS-KENNEDY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA V. WILLIAM R. KENNEDY, JR., Defendant NO. 07-3072 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE PLAINTIFF'S ANSWER TO DEFENDANT'S PETITION TO COMPEL DISCOVERY AND NOW this 24`h day of September, 2009, comes the Plaintiff, Denise Thomas- Kennedy, by and through her undersigned counsel, Michelle L. Sommer, of Abom & Kutulakis, L.L.P., and respectfully sets forth the following Answer to Defendant's Petition to Compel Discovery and avers the following: 1. Admitted. 2. Admitted. 3. Admitted. By way of further answer, Defendant issued the Interrogatories and Request for Production of Documents upon Wife and Wife's previous counsel, Douglas G. Miller, Esquire. Undersigned Counsel entered her appearance one (1) year later, on February 9, 2009. 4. Admitted. 5. Admitted. By way of further answer, Undersigned Counsel contacted Attorney Shade on February 9, 2009 by letter and informed him that Plaintiff had retained new counsel and as a result was working on the Discovery request and would have that to him relatively soon. Undersigned Counsel followed up with a letter on March 25, 2009 stating that since Attorney Miller had just provided the Plaintiff with most of her file preparation can now begin on the Discovery request that was initially served on Attorney Miller, and Counsel would be working on preparing an answer for the Interrogatories and Request for Production of Documents. (A true and correct copy of the February 9, 2009 and March 25, 2009 letters to Attorney Shade are attached hereto as Exhibit "A" and `B".) 6. Admitted and Denied. Admitted that Attorney Shade did send a letter on April 27, 2009 regarding the Interrogatories. Denied that our responses were incomplete and by way of further answer, Undersigned Counsel responded to the April 27, 2009 letter on April 29, 2009 and attempted to further answer Attorney Shade's questions he proposed in his April 27`'' letter. (A true and correct copy of the April 29, 2009 letter to Attorney Shade is attached hereto as Exhibit "C".) 7. Admitted. 8. In order to further explain the Answers 8(a) through 8(g), A true and correct copy of Plaintiff's Answer to Defendant's Request for Interrogatories is attached hereto as Exhibit "D" a. In Plaintiff's Answer to Defendant's Request for Production of Documents, Number #14, Exhibit No. 4, Plaintiff provided information on her Retirement (Pension Plan and Supplemental (401(k)) Plan from Land O'Lakes along with a letter from the Sr. Retirement Specialist from Land O'Lakes outlining what was included in the Plaintiff's plans. (A true and correct copy of Exhibit #4 is attached hereto as Exhibit "E".) b. Plaintiff provided answers regarding the 1979 Volkswagen Beetle Convertible and the 1985 F-250 Ford Truck. However, Plaintiff did fail to provide the original purchase price or fair market value, as well as information on the 2002 Ford F-150 Truck and the 2004 Ford Focus SE. This was not an intentional omission, Defendant's questions to each Interrogatory were voluminous in nature, asking compounded questions in each Interrogatory and the additional information was unintentionally left out of the answer. The information is listed below: i. 1979 Volkswagen Beetle Convertible - Paid $6,500. ii. 1985 F-250 Ford Truck - This truck has no value and is not legal for the road. It does not even run, nor has it been inspected for several years. It has not had state tags or insurance on it for several years as well since it has not been in working condition. The frame on the truck is rotted beyond repair and the parties were asked by the Township to remove it because of its poor condition. Kelly Blue Book does not go back that far to give a value. iii. 2002 Ford F-150 Truck -$7,150 current value for Excellent Condition on Kelly Blue Book. iv. 2004 Ford Focus SE - was purchased in 2008 after the Date of Separation and after the divorce was filed. c. This is a compound question in that the Defendant is asking two separate questions. i. Plaintiff answered the question regarding the parties' separation of four years in Interrogatory #1 in great detail stating her reasons why she believed the date of separation to be September 1, 2005, not the date the Divorce Complaint was filed, May 21, 2007. ii. Plaintiff answered to Interrogatory #26 and #27 that "Not known at this time" and stands by that answer since at this time it is not known who will testify as either non-expert or expert witness should this move forward before the Divorce Master. d. Plaintiff answered to Interrogatory #28 that "Not known at this time" and stands by that answer. In fact, Plaintiff believes that should this information become relevant at anytime that this information is privileged and confidential and will not supply provide the information without a Court Order. e. Plaintiff fully answered Interrogatory #31, stating "Defendant has all documentation relating to the sale of the Ford Explorer during the marriage since the vehicle was titled in his name and he was responsible for the sale." f. Plaintiff provided her answer as "Not Applicable" to Interrogatory #21; unfortunately, Defendant does not agree with her answer in Interrogatory #31 and as a result is questioning further answers. g. Plaintiff provided the credit card statements that she had in her possession at that time. Unfortunately, the credit card statements are what were delaying the submission of the Request for Production of Documents since it was difficult for her to obtain these statements from the credit card companies from 2007. Plaintiff is still in the process of gathering the outstanding statements to submit to the Defendant for his review. However, several of these statements have very low balances and are even going to be an issue for the advancement of Defendant's economic claims because Plaintiff will assuming responsibility of the credit cards. 9. Respondent is unable to admit or deny this averment. 10. Respondent is unable to admit or deny this averment 11. Admitted. By way of further answer, Undersigned Counsel did not concur with the filing of the Petition since it was only filed after Undersigned Counsel filed a Motion to Compel - Production of Documents upon Defendant for failing to file an Answer to Plaintiff's request. 12. Admitted. Date t Respectfully submitted, ABOM & KUTULAKIS, L.L.P. Michelle L. So r, Esquire Attorney ID No. 93034 2 West High Street Carlisle, PA 17013 (717) 249-0900 Attorney for the Plaintiff VERIFICATION PURSUANT TO Pa.R.C.P. §1024(c) Michelle L. Sommer, Esquire, states that she is the attorney for the parry filing the foregoing document; that she makes this affidavit as an attorney, because the party she represents lacks sufficient knowledge or information upon which to make a verification and/or because she has greater personal knowledge of the information and belief than that of the party for whom she makes this affidavit; and/or because the party for whom she makes this affidavit is outside the jurisdiction of the court, and verification of none of them can be obtained within the time allowed for the filing of the document; and that she has sufficient knowledge or information and belief, based upon her 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. §4904, relating to unsworn falsification of authorities. Date: Michelle L. Somm r, Esquire eU,0m LILAKIS ATTORNEYS AT LAW February 9, 2009 Wayne F. Shade, Esquire Attorney at Law 53 West Pomfret Street Carlisle, PA 17013 Re: Denise M. 7homwAenneay u WdhmnR Kennedy, Jr. DbcketNa: 07-3072 OurFile Na: 09-012 Dear Attorney Shade: OFFICE LOCATIONS CARLISLE OFFICE (717) 249-0900 HARRISBURG OFFICE (717) 232-9511 CHAMBERSBURG OFFICE (717) 267-0900 YORK OFFICE (717) 846-0900 Enclosed is a copy of the Praecipe to Withdraw Attorney Miller's Appearance and the Request to Enter My Appearance that was filed with the Prothonotary today in the above captioned matter. Therefore, any future correspondence in this case now should be directed to me rather than Attorney Miller. I look forward to working with you to resolve this case amicably so that these parties can move forward once and for all. I know that my client is anxious to get this matter resolved. I currently have her working on your Discovery Request and should have Answers to both relatively soon. In the meantime, should you need anything further, please do not hesitate to contact me. Sincerely, ABOM & Sy DLP. 1?L Michelle L. S er, Esquire MLS/tlf Enclosure cc: Denise Thomas-Kennedy Reply To: 36 SOUTH HANOVER STREET CARLISLE, PA 17013 (717) 249-0900 FAx (717) 249-3344 EXHIBIT "An ABOM & UTULAKIS a,raa? ?r ?h?.,,, SENT VIA REGULAR MAIL AND FACSIMILE TO (717) 249-0017 Wayne F. Shade, Esquire Attorney at Law 53 West Pomfret Street Carlisle, PA 17013 Re: Denise AL nomars Kennedy it Wrllicfn R Kennedy, Jr. Dbchd lVa: 07-3072 OurFile 1Va: 09-012 Dear Attorney Shade: OFFICE LOCATIONS CARLISLE OFFICE (717) 249-0900 HARRISBURG OFFICE (717) 232-9511 CHAMBERSBURG OFFICE (717) 267-0900 YORK OFFICE (717) 846-0900 Please be advised that my client is preparing to move from the marital home. She has had an apartment closer to her place of employment for some time now; however she was unsure if she would be financially be able to live there as well as pay Mr. Kennedy's APL. However, after today's hearing she realizes that she will be able to do just that. Therefore, she will be making arrangements this weekend to relocate and to move out. Enclosed please find a list of items that Denise is planning to remove from the marital home. As you can see, this is just a preliminary list. When the divorce becomes final, there will obviously be more items she will want from the marital home since they have acquired much more during their marriage. She wanted to provide a courtesy list to Mr. Kennedy rather than just come into their home and start to remove items. Some of the items are from the storage unit located on Wagner's Gap Road as well. I also wanted to let you know that since Attorney Miller finally provided my client with most of her file (there still is much of it that he has not turned over to her), I can begin to prepare the Discovery that you had initially requested through him. I would expect to have that to you by April 13t". After that I am hopeful that the parties can move forward in this process and hopefully resolve this matter once and for all. Should you have any questions or concerns, please do not hesitate to contact me. Thank you in advance for your cooperation. Sincerely, AWM & KUIVL AFaSy LLP. t , Michelle L. Sommer, Esquire MLS/tlf Enclosure cc: Denise Thomas-Kennedy Reply To: EXHIBIT 36 SOUTH HANOVER STREET CARLISLE, PA 17013 (717) 249-0900 FAx (717) 249-3344 om & U TUL,?Kis A.rOaNE,s Ar,Aw OFFICE LOCATIONS CARLISLE OFFICE (717) 249-0900 HARRISBURG OFFICE (717) 232-9511 CHAMBERSBURG OFFICE (717) 267-0900 YORK OFFICE (717) 846-0900 April 29, 2009 Wayne F. Shade, Esquire Attorney at Law 53 West Pomfret Street Carlisle, PA 17013 Re: Denise M. 7hornwKennedy u Willi vnR Kennedy, Jr. DodwtATa: 07-3072 OurFile Na: 09-012 Dear Attorney Shade: I am in receipt of your facsimile dated April 27, 2009 and will attempt to address each of your comments individually. I believe number 1 and number 2 will be answered in the Request for Production of Documents, if not please let me know and I will request additional information from Mrs. Thomas-Kennedy's employer. As for the Request for Production of Documents, it is forthcoming; however, she is having a difficult time retrieving her ending credit card statements directly from the companies. She has made the request on- line but unfortunately they will only send the copy from May 2007 through the mail and it is taking some time to receive them. Once I have them all in hand, the Request for Production of Documents will be complete and I will be able to mail out our Answers. As for having Interrogatory Numbers 26 and 27, as stated in my answer, I do not know at this time who I will be calling as witnesses. At this point we are not even scheduled for a hearing; therefore it is premature for me to be answering such a question. I cannot give you a list of non-expert witnesses or expert witnesses, nor what would be the substance of their testimony. Consequently, my answer still remains the same, "Not known at this time". As for Interrogatory Number 28, we do not believe that Mrs. Thomas-Kennedy's physical or mental health will have any bearing on any aspect of this case. As for the Ford Explorer, your statement is incorrect that "Wife received all of the payments". The $253.00 installment payments went into a line of credit that was through Wachovia Bank. That line of credit was in both parties' names; and therefore, Mr. Kennedy can request copies of those statements directly from Wachovia just as easily as Mrs. Thomas-Kennedy can should you like to review those statements for your accounting purposes. Reply TO: 36 SOUTH HANOVER STREET CARLISLE, PA 17013 (717) 249-0900 FAX (717) 249-3344 EXHIBIT nCn Wayne F. Shade, Esquire April 29, 2009 Page 2 Enclosed is a copy of the Land O'Lakes Relocation Policy on Home Marketing and Home Sale Assistance. As you will see in the highlighted portion, properties that do not qualify for Home Sale Assistance are "Properties that have been on the market at any time within six months of the date of the employee's invitation into the program". Therefore, it is clear that the marital home either needs to be listed with a private realtor or be included within Mrs. Thomas-Kennedy's SIRVA's program. Attached is an e-mail from Rashi McKinney, the SIRVA Relocation Counselor at Land O'Lakes that states that Mrs. Thomas-Kennedy must begin her enrollment in the relocation program no later than September 1, 2009. If you recall, at the Domestic Relations hearing on March 25, 2009, we clearly stated in front of you, your client and Ms. Shadday, that Mrs. Thomas-Kennedy was going to be leaving the marital residence. We further went on to state that upon leaving she would no longer be making any payments on the mortgage because she was going to be relocating. She has made the back payments and the late payments; however, there will be no more. Mrs. Thomas-Kennedy is no longer residing in the marital home at this time; and therefore will not be making any additional mortgage payments. This matter can be addressed before the Divorce Master if you believe it to be an issue. Mr. Kennedy is now residing in the marital residenc; he should be making those mortgage payments. As far as we are concerned, this matter can be handled before Divorce Master Elicker in the future and he can address the rental value that Mrs. Thomas-Kennedy could actually be receiving for Mr. Kennedy residing in the martial home during this time. We respectfully ask that Mr. Kennedy continue to make the full payments on the first ($1,845.93) and second ($575.42) mortgage payments until this matter can be addressed before Divorce Master Elicker. Should you have any questions or concerns, please do not hesitate to contact me. Sincerely, M & I?ZI7YILAKISy LLP. r Michelle L. Sommer, Esquire MLS/tlf Enclosures cc: Denise Thomas-Kennedy ABOM SZ' KuTULnicis Michelle L. Sommer, Esquire Attorney I.D. #: 93034 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 DENISE M. THOMAS-KENNEDY, Plaintiff V. WILLIAM R. KENNEDY, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA : NO. 07-3072 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE PLAINTIFF'S ANSWER TO DEFENDANT'S REQUEST FOR INTERROGATORIES 1. Plaintiff believes the date of Separation to be September 1, 2005 because that was the date the Defendant began sleeping in the old portion of the marital residence, located at 351 York Road, Carlisle, Pennsylvania, Cumberland County, in his own separate sleeping quarters and began living separate and apart in his own portion of the marital residence. On September 1, 2005, the parties stopped communicating and no longer had any conversation, nor did the parties live in the same quarters in the marital home. This was able to be achieved due to the fact the new addition had been built and finished in approximately December 2005 and each party had their own separate master bedroom, bathroom, kitchen and living room. 2. The Total Plan Balance as of September 2005 was $98,094.41; however the Vested Balance was $71,884.49. a. A $5,000.00 loan was taken from the 401(k) on May 2, 2001 in order to payoff and consolidate marital bills and was paid off on August 15, 2002. b. A $4,000.00 loan was taken from the 401(k) on January 17, 2003 in order to payoff and consolidate marital bills and was paid off on May 15, 2003. EXHIBIT „D„ C. A $15,000.00 loan was taken from the 401(k) on May 30, 2004 in order to pay off and consolidate marital bills and was paid off August 3, 2006. d. A $30,000.00 loan was taken from the 401(k) on August 7, 2006 in order to pay off and consolidate marital bills and was paid off on May 5, 2008. 3. Plaintiff began working for Interstate Milk Producers Co-Operative on April 1, 1974 and her earliest eligible commencement date is June 1, 2011; however, her normal retirement date is June 1, 2021. a. Plaintiff's pension is fully vested. b. Her original Interstate Milk Producers Co-Operative retirement was combined with her Land O'Lakes retirement. 4. Not applicable. 5. Wachovia Account that is in the Defendant's name. a. This was for the Defendant's social security checks and the Plaintiff was a co-signer on this account in case of emergencies; however she never received any money from this account. 6. Not applicable. 7. Not applicable. 8. Not applicable. 9. Both the First and Second Mortgage on the marital residence, located at 351 York Road, Carlisle, Pennsylvania, Cumberland County, are held with Wachovia Bank and are in both the Defendant's and Plaintiffs names. 10. The property located at 371 York Road was sold in January 2008 for $137,000.00 with approximately $34,000.00 in equity that was divided equally between the Defendant and the Plaintiff. 11. Not applicable. 12. Not applicable. 13. Cid Bank Credit Card (2); Sears Credit Card; Discover Card; Bon-Ton Credit Card; Home Depot Credit Card; Victoria's Secret Credit Card; JC Penny Credit Card; Lane Bryant Credit Card; Loan with M&T Bank; Loan with Members 1 st Bank; Loan with Wachovia Bank. 14. Not applicable. 15. Not applicable. 16. Not applicable. 17. Not applicable. 18. Not applicable. 19. 1979 Volkswagen Beetle Convertible and 1985 F-250 Ford Truck 20. Term Life Insurance Policy through Land O'Lakes in which there are 3 beneficiaries. a. The company covers a payout equal to her current salary; however, the Plaintiff has elected to pay for additional coverage at two times her currently salary. i. The beneficiaries are divided as: 20% to the Defendant, 40% to Erin Michelle Windmassinger, 40% to Denise Marie Windmassinger b. Plaintiff s 401(k) beneficiaries are currently listed as: 30% to the Defendant, 35% to Erin Michelle Windmassinger, 35% to Denise Marie Windmassinger 21. Not applicable. 22. Not applicable. 23. Not applicable. 24. This list is not complete because the Plaintiff is unable to get into the two (2) storage units; however, this is what she has thus far. a. Two white gold diamond rings which were her mother's. Plaintiffs mom died in 1988 and that's when she received the rings. b. Two gray Ice cream tables and four chairs. Same time frame as the rings. c. Disney figurines (approximately 12-15 figurines) which Plaintiff bought for her daughters. They were all purchased before 1989. d. Radio Red wagon Plaintiff bought when her mother was still alive across from her house in Churchville (prior to 1988). e. Items located in the Storage Unit #12. f. All of the items that came from Bucks County (before the move) and have been in storage since then. 25. Not applicable. 26. Not known at this time. 27. Not known at this time. 28. Not known at this time. 29. Not applicable. 30. See Answer #2. 31. Defendant has all documentation relating to the sale of the Ford Explorer during the marriage since this vehicle was titled in his name and he was responsible for the sale. 32. 2007 Ford Mustang was purchased from Family Ford Mustang on May 21, 2007 for $34,515.46 with no down payment. a. The vehicle was financed through M&T Bank and the monthly payment is $610.00/month. Respectfully submitted, Date L' I 9L 21M ABOM & KUTULAKIS, L.L.P. ?d 7 Michelle L. So r, Esquire Attorney ID No. 93034 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for the Plaintiff VERIFICATION I, DENISE M. THOMAS KENNEDY, verify that the statements made in this Plaintiff's Answer to Defendant's Request for Interrogatories are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date M II Y????.c. ?'1 -crrv? DENISE M. THOMAS KENNED ._. ___ CERTIFICATE OF SERVICE AND NOW, this 140 day of April, 2009, I, Michelle L. Sommer, Esquire of ABOM & KUTULAKIS, L.L.P., hereby certify that I did serve or cause to be served a true and correct copy of the foregoing Plaintiff's Answer to Defendant's Request for Interrogatories by First Class U.S. Mail addressed to the following: Wayne F. Shade, Esquire Attorney at Law 53 West Pomfret Street Carlisle, PA 17013 Attorney for the Defendant Michelle L. So r, Esquire Land O'Lakes, Inc. 4001 LEXINGTON AVE. N. ARDEN HILLS MINNESOTA Mailing Address: P.O. Box 64101, St. Paul. MN 55164-0101 Telephone: (651) 481-2222 June 18, 2007 Mr. Douglas G. Miller Irwin & McKnight Law Offices West Pomfret Professional Building 60 West Pomfret Street Carlisle, PA 17013-3222 WWIN &_,, cKNIGHT RE: Denise M. Thomas-Kennedy SS# 201-48-xxxx Dear Mr. Miller: I am writing in response to your letter that I received via fax on June 14, 2007. Please note Ms. Thomas-Kennedy is a participant in both the Land O'Lakes, Inc. Employee Retirement Plan ("Pension Plan," a defined benefit plan) and the Land O'Lakes, Inc. Employee Savings and Supplemental Retirement Plan ("401k Savings Plan," a defined contribution plan). Hewitt Associates is the record keeper for both Plans. The following response corresponds to the numerical requests in your letter: 1. I have. enclosed the Summary Plan Descriptions for the Pension and 401(k) Savings Plan. 2. Hewitt was able to provide Ms. Thomas-Kennedy's Pension Plan* and 401(k) Savings Plan values as of October 8, 1998 and the copies are marked with "Q#2" in the top right hand comer. 3. Hewitt was able to provide Ms. Thomas-Kennedy's Pension Plan* and 401(k) Savings Plan values as of September 1, 2005 and the copies are marked with "Q#3" in the top right hand corner. 4. Hewitt was able to provide Ms. Thomas-Kennedy's Pension Plan* and 401(k) Savings Plan . values as of May 21, 2007 and the copies are marked with "Q#4" in the top right hand corner. *The Pension Plan figures include the Land O'Lakes, Inc. Employee Retirement Plan and ADC Pension Plan values combined. At your request the Land O'Lakes Law Department will supply you with copies of our model qualified domestic relations orders relating to the Pension & 401(k) Plans. Please feel free to contact me and I will forward the request on to Polly Berg in our Law Dept. Sincerely, Renee Sullivan - Sr. Retirement Specialist Land O'Lakes, Inc. 651/481-2412 Enclosures cc: Denise M. Thomas-Kennedy EXHIBIT "En EXHIBIT "4" Land O'Lakes, Inc. I t I ? Introduction ............................................................................... 4 Eligibility ...................................................................................... 5 Full-Time Employees ............................................................ 5 Employees Not Classified as Full-Time ........................... 5 Collective Bargained Employees ...................................... 6 When Participation Began ..................................................... 6 How Service Affects Your Pension Plan Benefit ................................................................ 6 Credited Service .................................................................... 6 Vesting Service ...................................................................... 7 Break in Service ..................................................................... 7 When You May Commence ................................................... 7 Normal Retirement ..............................................................7 Early Retirement ................................................................... 7 Deferred Retirement ............................................................ 8 Determining Your Pension Plan Benefit ............................ 8 Pension Plan Benefit Formula ........................................... 8 Minimum Monthly Benefit ................................................ 8 Frozen and Grandfathered Benefits ................................ 9 Calculating Your Pension Benefit .................................... 9 Early Commencement Factors .......................................... 9 Deferred Pension Plan Benefits ...................................... 11 Vested Termination Benefits ........................................... 11 How Benefits Are Paid .......................................................... 11 Choosing a Form of Payment ......................................... 11 Normal Forms of Payment .............................................. 11 Optional Forms of Payment ............................................ 11 Pre-retirement Surviving Spouse's Benefit ................................................................... .. 12 How to Commence Your Pension Benefit ..................... .. 13 Information Needed to Start Benefit Payments..... .. 13 Determination of Eligibility for Benefits ................... .. 13 Appeal Procedure ............................................................. .. 13 Additional Information ...................................................... .. 14 Social Security ..................................................................... 14 Limits on Benefits ............................................................. . 14 Suspension of Benefits ..................................................... 14 Future of the Plan ............................................................. .15 Plan Cost and Funding ..................................................... . 15 Pension Benefit Guaranty Corporation (PBGC) ........ . 15 Recovery of Overpayments ............................................ .16 Assignment of Benefits ....................................................16 Situations Affecting Plan Benefits ................................ 16 No Guarantee of Employment ...................................... 17 Top-heavy Provisions ........................................................ 17 Plan Administration .............................................................. 18 Your Rights Under Federal Law .......................................... 19 Employee Retirement Income Security Act (ERISA) ........................................................... 19 Uniformed Services Employment and Reemployment Rights Act ....................................... 20 Family and Medical Leave Act ........................................ 20 Glossary ..................................................................................... 21 Land O'Lakes 3 You are eligible to participate in the Land O'Lakes Pension Plan if you are a regular, full-time employee of Land O'Lakes, Inc. or a related company that has chosen to participate in this Plan referred to as a "participating employer". A full-time employee is regularly scheduled to work at least 3o hours per week' If you met Plan eligibility requirements prior to January 1, 2006 and elected to stay in the Traditional Retirement Program during the Retirement Choice period in 2006, you are eligible to continue earning benefits under the Land O'Lakes Pension Plan. If you met Plan eligibility requirements prior to January 1, 2006 and elected the Retirement Savings Account during the Retirement Choice period in 2006, the Land O'Lakes Pension Plan benefit that you earned through December 31, 2006 has been "frozen". You will not lose your "frozen" benefit, but you will not earn additional benefits from the Land O'Lakes Pension Plan. This Pension Plan Summary Plan Description pertains to your "frozen" benefit; however, you should also refer to the, Retirement Savings Account version of the 401(k) Savings Plan Summary Plan Description. If you were hired prior to January 1, 2006 but did not meet eligibility requirements forthe Pension Plan by December 31, 2005, you are not eligible to participate in the Pension Plan. Ifyou were hired on or afterlanuary 1., 2006 and met Plan eligibility requirements, you are a participant in the Retirement Savings Account. You should refer to the Retirement Savings Account version of the 401(k) Savings Plan Summary Plan Description. Employees not classified as full-time are eligible to participate in the Land O'Lakes Pension Plan if one of the following requirements were met prior to January 1, 2006: (1) You worked 1,000 hours from date of hire to first anniversary date; OR (2) If you did not work 1,000 hours in the first year of employment, but worked 1,000 hours in a subsequent calendar year.' If you do not work full-time (30 hours or more a week) at Land O'Lakes and you met Plan eligibility requirements prior to January 1, 2006 and elected to stay in the Traditional Retirement Program during the Retirement Choice period in 2006, you are eligible to continue earning benefits under the Land O'Lakes Pension Plan. If you do not work full-time (30 hours or more a week) at Land O'Lakes and met Plan eligibility requirements prior to January 1, 2006 and elected the Retirement Savings Account during the Retirement Choice period in 2006, the Land O'Lakes Pension Plan benefit that you earned through December 31, 2006 has been "frozen". You will not lose your "frozen" benefit, but you will not earn additional benefits from the Land O'Lakes Pension . Plan. This Pension Plan Summary Plan Description pertains to your "frozen" benefit; however you should also refer to the Retirement Savings Account version of the 401(k) Savings Plan Summary Plan Description. If you do not work full-time (30 hours or more a week) at Land O'Lakes and you were hired prior to January 1, 2006 but did not meet eligibility requirements for the Pension Plan by December 31, 2005, you are not eligible to participate in the Pension Plan. If you are employed in a division, plant or unit that has been acquired by a participating employer, the Retirement Committee must authorize participation in the Pension Plan for your division, plant or unit. " Once you have met eligibility requirements for the Pension Plan, you will remain eligible even if your hours drop below 1,000 hours per calendar year. Land O'Lakes r 1 5 Jfyou elected the Retirement Savings Account during the Retirement Choice Period, you will accrue no further credited service through the Plan after December 31, 2006. Vesting service is used to determine your right to receive a benefit from the Pension Plan. You will receive one year of vesting service for each calendar year in which you have at least 1,000 hours of service with a Qualified Employer. (The term Qualified Employer includes Land O'Lakes, any Related Employer or Participating Employer, any entity of which Land O'Lakes owns at least 50% e.g., Agriliance, or a corporate shareholder of Land O'Lakes.) The Plan provides 100% vesting after five years of vesting service. If you leave the Company before completing five yea rs of vesting service, you will not be eligible for a benefit from this Plan. Generally, vesting service: Will be provided to participants who transferred directly to Land O'Lakes or another participating employer from an acquired company, subject to eligibility decisions made by the Retirement Plan Committee. Earned in the Land O'Lakes Pension Plan counts as vesting service in the CHS, Inc. Pension Plan and vice versa if a participant transfers directly to the other company. Earned in the Land O'Lakes Pension Plan counts as vesting service in the Agriliance Pension Plan and vice versa if a participant transfers to the other company. lfyou elected the Retirement Savings Account during the Retirement Choice Period, you will continue to earn vesting service in the Land O'Lakes Pension Plan after December 31, 2006. A "one-yea r break in service" occurs when you are credited with 500 or fewer hours of service in a Plan year. When you have five or more consecutive "one-year breaks in service," the ability to accumulate vesting service from prior periods of employment may be limited. To prevent a one-year break in service, the Plan credits you with up to 501 hours of service during an authorized leave of absence for certain maternity or paternity leaves (beginning after January 1, 1985). If you are vested, you may begin receiving Pension Plan benefits at your normal retirement date. Normal retirement is the first of the month following the later of: the date on which you complete five years of vesting service; OR the date below: - Age 65, if you were born before 1938 - Age 66, if you were born between 1938 and 1954 - Age 67, if you were born in 1955 or after. Your normal retirement benefits are payable beginning the first of the month following your normal retirement age. You may begin to receive your monthly payments as early as age 55 if you have 10 or more years of vesting service. In most cases your payments are reduced if you begin receiving your benefits prior to your normal retirement date. If you begin to receive your payments early, your monthly benefit will be less than your normal retirement benefit because the payments are expected to continue over a longer period of time. For more details please see the tables on pages 9-10. Land O'Lakes 1-, 1 7 Frozen benefit guarantees or special grandfathered benefit calculations may apply to employees who formerly participated in plans maintained by: Indiana Seed Company, Inc. Research Seeds, Inc. Atlantic Dairy Cooperative Countrymark Cooperative, Inc. Dairyman's Cooperative Creamery Association Holly Milk Farmland Industries Purina Mills Production Plan Land O'Lakes Employee Retirement Plan (for employees who elected the Retirement Savings Account during the Retirement Choice Period in 2006). Assume you retire at your normal retirement age of 66 with 28 years, 3 months of credited service (CS) and final average pay (FAP) of $55,000 a year ($4,583.331month). If you retire in 2007, your covered compensation (CC) Step 1: $4,583.33 (FAP) X 1.o8%? $49.50 Step 2: 1$4,583.33 (FAP) - $4,279 (CC)} X.52% + $1.58 Step 3: Total benefit for each month of CS = $51.08 Step 4: 28 years, 3 months CS X 28.25 Step 5: Your monthly Pension Plan benefit as a Life Only Annuity _ $1,443.01 would be $4,279. Below is how your pension benefit would be calculated: Note: Covered compensation (CC) varies each year based on your year of birth and the year in which your employment ends. So, the CC would be different for an employee who retires at age 66, but not in 2007; or who retires in 2007, but not at age 66. You may elect to begin receiving your benefit any time after age 55, providing you have 10 or more years of vesting service. Your early pension benefit will be the percentage of your normal retirement formula indicated in the charts below. By commencing payments early you can expect to receive benefits over a longer period of time, thus your monthly payment may be reduced. However,you can leave employment with a vested benefit and postpone payments until eitheryour normal retirement age or an age with a higher commencement factor. Below are the early commencement factors which will apply to employees who terminate employment after reaching age 55, with ten or more years of vesting service. 67 100.00% 100.00% 100.00% 66 100.00% 100.00% 100.00% 65 100.00% ' 100.00% 100.00% 64 100.00% 100.00% 100.00% 63 100.00% ? 100.00% 96.00% 62 100.00% 96.00% 92.00% 61 96.00% 92.00% 88.00% 60 92.00% 85.00% 84.00% 59 86.00% 82.00% 78.00% 58 80.00% 76.00% 72.00% 57 74.00% 70.00% 66.00% 56 °68.00% 64.00% 60.00% 55 62.00% 58.00% 54.009/o Land O'Lakes 1 9 If you have between five and ten years of vesting service and the present value of your vested benefit exceeds $5,000, the vested benefit would be payable at your normal retirement age. If you have ten or more years of vesting service at the time you leave the Company, your benefit would be available in a reduced amount as early as age 55, based on the early commencement factors used to calculate reduced pension benefits or you may elect to postpone payments until you reach an age with a higher commencement factor or your normal retirement age (see tables on pages 9-10). Deferring your retirement means you work at Land O'Lakes beyond your normal retirement date. If you continue to work beyond your normal retirement date, your benefit can never be less than the benefit you had earned at your normal retirement age. Your deferred pension benefit will be calculated using the normal pension formula. You will receive pension benefits based on your earnings and service past age 65. However, the 30-year limit on credited service still applies. If you are no longer working for Land O'Lakes or a participating employer, you must commence receiving your benefit by the April 1st after the calendaryear in which you reach age 70'/z. At the time you commence your benefit from the Plan you will be asked to select from the optional forms of payment listed below. Once you receive your first pension check, you can not make a change in the form of payment orjoint annuitant you have selected. If you are single, your normal form of payment is a Life Annuity' If you are married, your normal form of payment is the 50% Joint and Survivor Annuity` You may elect another form of payment when you commence your monthly benefit. If you leave the Company for any reason after you become vested, you are entitled to a benefit from the Plan. When your employment ends: If the present value of your benefit is $3,000 or less, you will receive your benefit as a lump sum payment approximately 9o days afteryou terminate. If the present value of your benefit is more than $1,000 but not more than $5,000, you may elect to receive your benefit as a lump sum payment. If you wish,you may elect to have your Pension Plan benefit paid under one of the Plan's optional forms of payment. Life Annuity: This option pays you a monthly pension benefit for as long as you live. No further benefits are paid after your death. If you are married, you will need the written consent of your spouse to choose this option. A notary public must witness your spouse's signature. Land O'Lakes 11 expires, the Plan Administrator must notifyyou of the special circumstances that make an extension necessary and indicate the date a final decision is expected to be made. To begin your monthly pension benefit you or your beneficiary should contact Your Benefits Resources (YBR) at 1-866-717-7699 or online at www.ybr.com/landolakes at least 30 days and no more than 9o days before you wish benefits to begin. To ensure that your first payment is timely,you should have the following information available at the time you call YBR: Exact dates of birth for yourself and your spouse/beneficiary Social Security Numbers for yourself and your spouse/beneficiary Your permanent address The date you wish to commence your pension benefit The optional form of payment you wish to receive (see pages 11-12) Y Direct deposit and tax withholding information. Benefit claims will normally be processed within 90 days after filing. You or your beneficiary may file claims for Plan benefits and appeal adverse claim decisions, eitheryourself or through an authorized representative. An "authorized representative" means a person you or your beneficiary authorize, in writing, to act on your behalf. The Plan also will recognize a court order giving a person a uthority to submit claims on your behalf. If you receive an adverse benefit determination (i.e. any denial, reduction, or termination of a benefit, or a failure to provide or make a payment), you will receive a written notification of the adverse determination within that 90-day period. If special circumstances require an extension of time for processing the claim, the 90-day period may be extended for up to an additional 90 days. Before the initial 9o-day period If the extension is necessary due to your failure to submit necessary information, the Plan's time frame for making a benefit determination on review is stopped from the date the Plan Administrator sends you the extension notification until the date that you respond to the request for additional information. The adverse benefit determination notice will explain: The specific reason(s) for the adverse benefit determination Reference to the specific Plan provisions on which the benefit determination is based A description of any additional material or information necessary for you to make the claim acceptable and an explanation of why it is necessary A description of the Plan's appeal procedures and time limits applicable to such procedures, including a statement of your right to bring a civil action under ERISA after an adverse determination on appeal. Within 60 days after receiving an adverse benefit determination, you, your beneficiary or your authorized representative have the right to: Submit written comments, documents, records and other information relating to the claim for benefits Request, free of charge, reasonable access to and copies of all documents, records and other information relevant to your claim. For this purpose, a document, record or other information is relevant if it: - Was relied on in making the benefit determination - Was submitted, considered or generated in the course of making the benefit determination, regardless of whether such document, record or other information was relied upon in making the benefit determination Land O'Lakes 13 Land O'Lakes, Inc. expects to continue the Pension Plan, but reserves the right to change or end the Plan at any time. The decision to change or end the Plan may be due to changes in federal or state laws governing pension benefits, the requirements of the Internal Revenue Code or the Employee Retirement Income Security Act of 1974 (ERISA) or other reasons. The Board of Directors has the authority to amend, alter or revise the Plan prospectively or retrospectively at any time by adopting a resolution. The Land O'Lakes Board has delegated authority to the Retirement Plan Committee to make certain changes to the Plan by adopting a resolution. If the Plan is terminated or you are affected by a partial termination for any reason, you will automatically become 1000/c vested in the benefit you have earned as of the Plan's termination or partial termination date. This is true regardless of how much service you have earned under the Plan at that time. Whether you eventually receive all or part of your Plan benefit depends on if the Plan is fully funded and if the benefit is insured by the Pension Benefit Guaranty Corporation (PBGC). (See description below.) The law establishes priorities as to how the fund's assets will be used to provide benefits after a Plan termination. Assets are used to pay for the following benefits, in the order described below, until the Plan assets are depleted: Benefits for those who have received or who were entitled to receive benefits from the Plan for at least three years before the Plan termination date All other benefits insured by the PBGC Vested benefits that are not insured by the PBGC Any other benefits earned under the Plan. This includes those benefits that are vested due to the Plan's termination. The Company pays the full cost of the Pension Plan benefits; employee contributions are not allowed. The amount of the Company contribution is determined with the help of an actuary. An actuary is an independent expert who calculates how much money the Company must contribute to the pension trust to cover benefits provided by the Plan. The actuary uses participant data and the provisions of the Plan to determine the amount of the Company contribution. The Plan assets are held in a trust. The money in the trust will be used to pay benefits and administrative costs of the Plan. These funds cannot be returned to the Company until all benefits have been paid. The Plan Trustee is US Bank. All participant payments from the Plan are made by the trust. The Retirement Plan Committee in conjunction with independent investment managers named by the committee determine how to invest the assets. The fund is invested with the objective of balancing investment security and growth. Your pension benefits under this Plan are insured by the Pension Benefit Guaranty Corporation (PBGC), a federal insurance agency. If the Plan terminates without enough money to pay all benefits, the PBGC will step in to pay pension benefits. Most people receive all of the pension benefits they would have received under their Plan, but some people may lose certain benefits. The PBGC guarantee generally covers normal and early retirement benefits and certain disability and survivor benefits. The PBGC guarantee generally does not cover: Benefits greater than the maximum guaranteed amount set by law for the year in which the Plan terminates Some or all of benefit increases and new benefits based on Plan provisions that have been in place for fewer than fiveyears at the time the Plan terminates Land O'Lakes ` 1 15 Participation in this Plan does not give you the right to continued employment by the Company. Neither does it guaranteeyou the right to a benefit you have not earned under the terms of the Plan. Under a complicated set of IRS rules set out in the Plan document, the Plan may become a "top-heavy plan." A top-heavy plan is one where more than 60% of the benefits have been allocated to "key employees" Key employees are generally officers and other owners. The Plan Administrator is responsible for determining whether the Plan is a top-heavy plan each year. In the unlikely event the Plan becomes top-heavy in anyyear, non-key employees may be entitled to certain minimum benefits and special rules will apply. If the Plan becomes top-heavy, the Plan Administrator will advise you of your rights under the top-heavy rules. Land O'Lakes 17 Receive a summary of the Plan's annual financial report. The Plan Administrator is required by law to furnish each participant with a copy of this summary annual report. The Pension Plan described in this booklet is provided as part ofyour total compensation from Land O'Lakes which include pay plus benefits. This booklet has been prepared to explain those Pension Plan benefits and is known as a Summary Plan Description (SPD). Plan participants are entitled to certain rights and protections pursuant to the Employee Retirement Income Security Act (ERISA). As a participant in the Plan - either as an employee or as the eligible dependent of an employee -you have the right to information about the Plan, such as how it operates and an explanation of the benefits to which you are entitled under the terms of the Plan. Receive Information About Your Plan and Benefits ERISA provides that all Plan participants shall be entitled to: Examine, without charge, at the Plan Administrator's office and at other specified locations, such as worksites and union halls, all documents governing the Plan, including insurance contracts and collective bargaining agreements, and a copy of the latest annual report (Form 5500 Series) filed by the Plan with the U.S. Department of Labor and available at the Public Disclosure Room of the Pension and Welfare Benefit Administration. Obtain, upon written request to the Plan Administrator, copies of documents governing the operation of the Plan, including insurance contracts and collective bargaining agreements, and copies of the latest annual report (Form 5500 Series) and updated Summary Plan Description. The Plan Administrator may make a reasonable charge for the copies. Obtain a statement telling you whetheryou have a right to receive a pension at Normal Retirement Age and if so, what your benefits would be at Normal Retirement Age if you stopped working under the Plan now. If you do not have a right to a pension, the statement will tell you how many more years you have to work to obtain a right to a pension benefit. This statement must be requested in writing and is not required to be given more than once a year. The Plan must provide the statement free of charge. You may not be discharged or discriminated against for pursuing a benefit or for exercisingyour ERISA rights. a If your claim for a benefit is denied in whole or in part, you will receive a written explanation from the Plan Administrator. You have the right to have the Plan review and reconsideryour claim. Plan Fiduciaries in addition to creating rights for Plan participants, ERISA imposes duties upon the people who are responsible for the operation of the employee benefit plan. The people who operate your Plan, called "fiduciaries" of the Plan, have a duty to do so prudently and in the interest of you and other Plan participants and beneficiaries. No one, including your employer, your union, or any other person, may fire you or otherwise discriminate against you in any way to prevent you from obtaining a benefit or exercising your rights under ERISA. Enforcing Your ERISA Rights If your claim for a pension benefit is denied or ignored, in whole or in part, you have a right to know why this was done, to obtain copies of documents relating to the decision without charge, and to appeal any denial, all within certain time schedules. Land O'Lakes 3 19 It is important foryou to understand the meaning of the following terms and phrases as they apply to the Pension Plan. A payment method through which you receive your benefit in monthly payments over a defined period, such as your lifetime. One of the three factors of the Pension Plan benefit formula. It is the 35-year average of the maximum Social Security Taxable Wage Base. Covered compensation varies with the year you were born and theyearyour employment ends. One of the three factors of the Pension Plan benefit formula. In general, you receive one month of credited service (up to a maximum of 30 years) for any month in which you work one hour or more with a participating employer and are eligible to participate in the Pension Plan. A type of retirement benefit plan that "defines" the benefit amounts you will receive from the Company. The Pension Plan is a defined benefit plan. The earliest age at which you can choose to receive a Pension Plan benefit-which is age 55 as long as you have at least 10 years of vesting service. This is one of the three factors of the Pension Plan benefit fprmula. It is your average monthly eligible pay duringyour highest paid 6o consecutive months of employment with the Company out of the last 132 months you work. If you chose the Retirement Savings Account during the Retirement Choice Period in 2006, your benefit in the Pension Pla n will be "frozen' as of December 31, 2006. It is the monthly annuity you are eligible to receive at your normal retirement age. The age at which you can receive unreduced Pension Plan benefit payments: age 65 if born before 1938, 66 if born during 1938 through 1954, or 67 if born after 1954. The form of monthly annuity payments available under the Pension Plan. All forms provide a guaranteed lifetime income to the participant. The joint options also provide lifetime income to the spouse of the participant. Youryears and months of Credited Service (CS) (Up to a maximum of 30 years) ......... ....... _ . ._....__..; (_) equals Your Land Makes Pension Plan Life Annuity benefit payable at normal retirement age Generally, this pay includes base earnings, overtime pay, bonuses, commissions, and variable pay. Fortruck drivers, it also includes mileage, stop time, and percentage of load pay. The process of building ownership rights to your benefit. The Pension Plan requires 5 years of vesting service to become entitled to benefits under the Plan. For the Pension Plan, you earn one year of vesting service for each calendaryearyou work at least 1,000 hours for Land O'Lakes or a Qualified Employer. Land O'Lakes 21 5 i 1 ^'? . - _ 4' to . ?, ? ' ? ? ? ? ma '. ? ,? \ t tY^ . ( I? - N' r1 ?? 3 6 ? r ? 'Vi ? .. '?`{ y'. LLy >? 4 ._. ? .. . . ? Land O"Lakes, Inc. A000001 DENISE M. THOMAS-KENNEDY P 0 BOX 47 MOUNT HOLLY SPRINGS PA 17065 Retirement Plan Pension Estimate Calculation Statement Statement Date 06-17-2007 Here's the pension estimate you requested. These amounts are estimated benefits using your personal information on file, the assumptions you entered on June 15, 2007, and the current terms of the Land O'Lakes Retirement Plan. Actual benefits payable to you may vary from the amounts on this estimate. Your Personal Information Birth Date 05-26-1956 Your Assumptions Last Day of Employment Date You Begin Receiving Benefits Current Annual Base Pay Bonus Pay Percent Annual Pay Growth Percentage Anticipated Final Payment Beneficiary's Relationship to You Beneficiary's Birth Date delivered by ffe)NITT 10-09-1998 06-01-2021 $53,671.16 0% 3.00% $0.00 Spouse 11-10-1934 48353001801122-A000001 r Pension Estimate Calculation Statement Your Pension Calculation Details A(-,e at Date You Begin Receiving Benefits 6 .00 c:i[I11? service 25.000000 Vesting Service 25.000000 Benefit Service 24.500000 Final Average Monthly Pay $2,600.65 Covered Comp at Date of Term $5,462.00 Capped FAP Ist Year Amount $1,893.09 Capped FAP 2nd Year Amount $25,514.64 Capped FAP 3rd Year Amount $27,186.36 Capped FAP 4th Year Amount $30,389.64 Capped FAP 5th Year Amount $31,780.90 Capped FAP 6th Year Amount $39,274.45 Capped FAP 1 st Year Date 1993 Capped FAP 2nd Year Date 1994 Capped FAT 3rd Year Date 1995 Capped FAP 4th Year Date 1996 Capped FAP 5th Year Date 1997 Capped FAP 6th Year Date 1998 Page 2 For more detail on the benefit formula, see your Summary Plan Description. Information is also provided at the.Youi- BeneftsResourcesT"t Web site at www.ybr.com/landolakes. Payment Option Infonnation Following is a list of payment options that are available to you based on the assumptions you entered on June 15, 2007. See the Pension Option Descriptions for additional options that may be available. To make your choices, you must choose one of the options below. Regardless of the payment option you. choose, you can't change your payment option after the date you begin receiving benefits. The Single Life Annuity is the automatic payment form if you're single, unless you choose a different payment option. The 50% Joint and Survivor Annuity is the automatic payment form if you're married, unless you choose a different payment option and your spouse consents. Payable to Your Monthly Payments as of June 1 Payable Beneficiary Upon 2021 to You l Your Death Single Life Annuity $1,020.52 $0.00 483800018 01132-A00000i Pension Esilmate Calculation Statement Pam- Pa v2ble to Your M011th), Pavments as ol'June 1 2021 Pai able Beneficiary Upon , to You Your Death St)% Joint and Survivor Annuity 5999.70 $499.85 66 2/30/'0 Joint and Survivor Annuity 5992.97 8661.98 100% Joint and Survivor Annuity $979.50 $979.80 10 1'ear Certain and Life 5960.82 $0.00 If you die afier receiving 10years ofpaynnents, no benefit 110111d be puti uble to your be4e icluii, Land O'Lakes Incorporated reserves the right to correct any errors. Specifically, if the estimate conflicts with the benefit defined by the Land O'Lakes Retirement Plan, the Land O'Lakes Retirement Plan will prevail. Under the law, a plan must be operated in accordance with its terms. If You're Planning to Start Your Payments Soon Notify the Your Benefits Resources Center Notify the Your Benefits Resources Center or start the process at the Your Benefits ResourcesTM Web site 45 to 90 days before the date you want your pension payments to start. Missing this deadline may delay your payments. For More Information If you need additional information, access Your Benefits ResourcesTM at www.ybr.com/landolakes or call the Your Benefits Resources Center toll-free at 1-866-717-7699. Your Benefits Resources Center Representatives are available between 8 a.m. and 8 p.m., Eastern time, Monday through Friday. Your BL-nefiie Resourcas "'is a trademark of i4cwitt Management Company LLC. 483800018 01122-A000001 Land OLakes, Inc. Retirement Plan , Pension Estimate Calculation Statement Statement Date 06-17-2007 EA - A000064 DENISE M. THOMAS-KENNEDY P 0 BOX 47 MOUNT HOLLY SPRINGS PA 17065 Here's the pension estimate you requested. These amounts arc estimated benefits using your personal information on file, the assumptions you entered on June 15, 2007, and the current terms of the Land O'Lakes Retirement Plan. Actual benefits payable to you may vary from the amounts on this estimate. Your Personal Infonuation Birth Date 05-26-1956 Your Assumptions Last Day of Employment Date You Begin Receiving Benefits Current Annual Base Pay Bonus Pay Percent Annual Pay Growth Percentage Anticipated Final Payment Beneficiary's Relationship to You Beneficiary's Birth Date drln'ered by el'1I tt 09-01-2005 06-01-2021 $53,671.16 0% 3.00% $0.00 Spouse 11-10-1934 MXW 48.3800018 O] 1 j2-A000004 Pension Estimate Calculation Statement Your Pension Calculation Details Agc at Date You Begin Receiving Benefits 65.00 Vesting Service 321.000000 Vesting Service 32.000000 Benefit Scrvice 31.500000 Final Average Monthly Pay $5,080.83 Covered Comp at Date of Term $6,626.00 Capped FAP 1st Year Amount $11,7£8.28 Capped FAP 2nd Year Amount $58,278,29 Capped FAP 3rd Year Amount $64,534.75 Capped FAP 4th Year Amount $58,082.35 Capped FA.P 5th Year Amount $65,108.03 Capped FAP 6th Year Amount $47,058.29 Capped FAP 1st Year Date 2000 Capped FAP 2nd Year Date 2001 Capped FAP 3rd Year Date 2002 Capped FAP 4th Year Date 2003 Capped FAP 5th Year Date 2004 Capped FAP 6th Year Date 2005 Page 2 For more detail on the benefit formula, see your Summary Plan Description. Information is also provided at the Your Benejts ResourceSTII Web'site at www.vbr.com/landolakes. Payment Option Information Following is a list of payment options that are available to you based on the assumptions you entered on June 15, 2007. See the Pension Option Descriptions for additional options that may be available. To make your choices, you trust choose one of the options below. Regardless of the payment option you choose, you can't change your payment option after the date you begin receiving benefits. The Single Life Annuity is the automatic payment form if you're single, unless you choose a different payment option. The 50% Joint and Survivor Annuity is the automatic payment form if you're married, unless you choose a different payment option and your spouse consents. f Payable to Your Payable Beneficiary Upon Monthh P2vtneuts as of June 1, 2021 to You i vfi- n-th Single Life Annuity $2,261.27 - $0.00 i ?/ 453~0001s 01122-A000064 Pension Estimate Calculation Statement Monthly Payments as of June 1, 2021 50% Joint and Survivor Annuity 66 23% Joint and Survivor Annuitti 100% Joint and Survivor Annuity 10 Year Certain and Life If ):ou die after receiving 10 years ofpavnients, no benefit t+1oulcl be parable to your bencjicim2' Page 3 Payable to You Payable to Your Beneficiary Upon Your Death $2.215.14 $1,107.57 $2.20022 $1,466.82 $2,171.05 $2,171.05 $2,125.99 $0.00 Land O'Lakes Incorporated reserves the right to correct any errors. Specifically, if the estimate conflicts with the benefit defined by the Land O'Lakes Retirement Plan, the Land O'Lakcs Retirement Plan will prevail. Under the law, a plan must be operated in accordance with its terms. If You're Planning to Start Your Payments Soon Notify the Your Benefits Resources Center Notify the Your Benefits Resources Center or start the process at the )'our Benefits ResourcesT11 Web site 45 to 90 days before the date you want your pension payments to start. Missing this deadline may delay your payments. For More Information If you need additional information, access Your.Benefits ResourcesTM at www.ybr.com/1ando1akes'or call the Your Benefits Resources Center toll-free at 1-866-717-7699. Your Benefits Resources Center Representatives are available between 8 a.m. and 8 p.m., Eastern time, Monday through Friday. four Rene/i[.% Resources' is a trademark of Hewitt Mana?cment Company LLC. 48380001801122-A000064 - rage 1 of ; e, o DENISE M THOMAS-KENNEDY Hewitt Associates - 06-15-2007 1:32 p.m. Central Daylight Time Contribution Details J/l ,l4lJ Employee Savings and Supplemental Retirement Plan As of 05-21-2007 Change Date Balances Total Plan Balance $98,094.41 Vested Balance $71,884.49 Outstanding Loan Balance $26,209.92 .............- Your Contributions & Earnings I 95% Before-Tax Company Contributions & Earnings 4% Company Match 1% Former Plans Rate 0/0 Elected Actual Effective Amount Vested Rate Rate Date Total $98,094.41 Your Contributions & Earnings $67,886.29 Before-Tax $67,886.29 100°b - Before=Tax Contribution 12.0% 12.0%11 -14-2005 Company Contributions & Earnings $3,998.20 Company .- Match $3,294.00 100% Former Plans $704.20 100% 'This amount is reduced for highly compensated employees as specified by the IRS. Closing Balance Date 105-21-2007 _ (mm-dd-yyyy) (Earliest 09-01.1996) Recalculate Disclaimer Answer Center Are Yo.; 5avinc: Enpiig; Hewitt Associates does not give any warranty or other assurance as to the operation, quality or functionality of the site. Access to the site may be interrupted, restricted or delayed for any reason. Hewitt Associates also does not give any warranty or other assurance as to the content of the material appearing on the site, its accuracy, completeness, timelessness or fitness for any particular purpose. Copyright © 2007 Hewitt Management Company LLC https://Ib31 -resoLirces.lie«,itt.cone/cl5ybr5pu/ybr5cl55b/DcAcctSumOIOlnfoHandler.do 6/15/2007 ti Lando"Lakes, Inc. 'fi r,•. A000063 DENISE M. THOMAS-KENNEDY P O sox 47 MOUNT HOLLY SPRINGS PA 17065 Retirement Plan Pension Estimate Calculation Statement Statement Datc 06-17-2007 Here's the pension estimate you requested. These amounts are estimated benefits using your personal information on file, the assumptions you entered on June 15, 2007. and the current terms of the Land O'Lakes Retirement Plan. Actual benefits payable to you may vary from the amounts on this estimate. Your Personal Infornlation Birth Date 05-26-1956 Your Assumptions Last Day of Employment 05-21-2007 Date You Begin Receiving Benefits 06-01-2021 Current Annual Base Pay $53,671.16 Bonus Pay Percent 09/0 Annual Pay Growth Percentage 3.00% Anticipated Final Payment $0.00 Beneficiary's Relationship to You Spouse Beneficiary's Birth Date 11-10-1934 deIj%tred by Hewitt 48380001801122-A000063 a Pension Estimate Calculation Statement Your Pension Calculation Details AL, c al Date You Brain Receiving Benefits 65.00 Vesting Service 34.000000 V%esting Service 34.000000 Benefit Service 33.166700 Final Average Monthly Pay $5,45020 Covered Comp Lit Date of Term $6,940.00 Capped FAP 1st Year Amount $59,787.87 Capped FAP 2nd Year Amount $58,082.35 Capped FAP 3rd Year Amount $65,108.03 Capped FAP 4th Year Amount $66,151.19 Capped FAP 5th Year Amount $72,538.69 Capped FAP 6th Year Amount $5,343.71 Capped FAP I st Year Date 2002 Capped FAP 2nd Year Date 2003 Capped FAP 3rd Year Date 2004 Capped FAP 4th Year Date 2005 Crapped FAP 5th Year Date 2006 Capped FAP 6th Year Date 2007 Paee 2 For more detail on the benefit formula, see your Summary Plan Description. Information is also provided at the Your Benefits ResourcesT'" Web site at v"viv.ybr.com/landolakes. Payment Option Information Following is a list of payment options that are available to you based on the assumptions you entered on . June 15, 2007. See the Pension Option Descriptions for additional options that may be available. To make your choices, you must choose one of the options below. Regardless of the payment option you choose, you can't change your payment option after the date you begin receiving benefits. The Single Life Annuity is the automatic payment form if you're single, unless you choose a different payment option. The 50% Joint and Survivor Annuity is the automatic payment form if you're married, unless you choose a different payment option and your spouse consents. IVfonthly Payments as of June 1, 2021 Single Life Annuity Payable to Your Payable Beneficiary Upon to You Your Death $2,588.50 i $0.00 48-3180001 8 01122-A000063 Pension Estimate Calculation Statement Page 3 Payable to Your U11thl) Payments as of June 1, 2021 Payable to You Beneficiary Upon Your Death 50%0 Joint and Survivor Annuity 52,535.69 S1,267.85 fib 2/3% Joint and survivor Annuity 52,518.61 51,679.08 100'/'0 Joint and Survivor Annuity $2,485.22 $2,485.22 10 Year Certain and Life 52,437.07 $0.00 1{6ou di after receiving 10),ears ofpcGvl ents, no bcwjit would be pa).able to )your benCiciarv Land O'Lakes incorporated reserves the right to correct any errors. Specifically, if the estimate conflicts with the benefit defined by the Land O'Lakes Retirement Plan, the Land O'Lakes Retirement Plan will prevail. Under the law, a plan must be operated in accordance with its teens. If You're Planning to Start Your Payments Soon Notify the Your Benefits Resources Center Notifv the Yotu Benefits Resources Center or start the process at the Your Benefits ResourcesTS' Web site 45 to 90 days before the date you want your pension payments to start. Missing this deadline may delay your payments. For More Information If you need additional information, access lour Benefits ResourcesTM at www.ybr.com/landolakes or call the Your Benefits Resources Center toll-free at 1-866-717-7699. Your Benefits Resources Center Representatives are available between 8 a.m. and 8 p.m., Eastern time, Monday through Friday. Porn- Rcnfts Resources`f?d is a trademark of Hcv,,itt Management Company LLC. g ?r¢ 483800018 01 122-A000063 ?-+''? V V f. Land O'Lakes, Inc. Employee Savings and Supplemental Retirement Plan Account Statement Statement Date 04-10-2007 Employment Status: Active 000498 DENISE M. THOMAS-KENNEDY P 0 BOX 47 MOUNT HOLLY SPRINGS PA 17065 Here is a summary of your Employee Savings and Supplemental Retirement Plan account as of March 31, 2007. Contribution Rates Elected Rate Employee Savings and Supplemental Retirement Plan 12% Before-tax Rate Employee Savings and Supplemental Retirement Plan 0% After-tax Rate Investment Elections Fund Election Stable Income 80% PIMCO"Total Return 10% George Putnam Balanced 10% Total 100% 3 delivered by HewW 0400000099 Ll 122-000498 ?? 1 G, Account Statement Page 3 Closing Balance By Account Total Before-Tax 566,128.06 Company Match $20,127.68 Former Plans $9,043.87 Total $9,299.61 As of March 31, 2007, you were 100% vested in the Company Match account. Your vested account balance was $20,127.68. For More Information If you have any.questions, you may access your account information through the Your Benefits ResourcesTM Website at http://www.yourbenefitsresources.comAandolakes or you can call Your Benefits ResourcesTM 24 hours a day, Monday through Saturday, at 1-866-717-7699. The System is also available on Sundays, except from 1 a.m. to noon, Central time. Your Benefits ResourcesTM Representatives are available at the same telephone number between 8 a.m. and 5:30 p.m., Central time, Monday through Friday. stewarf ?? Your Benefits Resources's, is a trademark of Hewitt Management Company LLC. n ,'. ? - 0400000099 L1122- 000498 V 9. CERTIFICATE OF SERVICE AND NOW, this 24`'' day of September, 2009, I, Michelle L. Sommer, Esquire of ABOM & KUTULAKIS, L.L.P., hereby certify that I did serve or cause to be served a true and correct copy of the foregoing Answer to Defendant's Petition to Compel Discovery by First Class U.S. Mail . addressed to the following: Wayne F. Shade, Esquire Attorney at Law 53 West Pomfret Street Carlisle, PA 17013 Attorney for the Defendant k?o? t kftylru Michelle L. Sommer, squire 2 Ou9 S P %4 Pi i ?: I } U DENISE M. THOMAS-KENNEDY,: IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 07-3072 CIVIL WILLIAM R. KENNEDY, JR., Defendant : IN DIVORCE IN RE: DEFENDANT'S MOTION TO COMPEL DISCOVERY ORDER AND NOW, this 9 day of October, 2009, following argument, the motion of the defendant to compel discovery is GRANTED, in part, and the wife shall serve, upon husband, the following: 1. Valuation of her 2004 Ford Focus SE. 2. A response to interrogatory #28 with regard to whether she will contend that any presently existing physical health condition will have any bearing on the disposition of any aspect of this case and, if so, the identity of her health care providers and details of her symptoms, diagnoses and treatment. 3. Copies of monthly credit card statements for all credit card accounts previously sought in discovery. 4. Copies of statements of wife's 401 K account from December 18, 2003, through the date of her most recent statement. The identity of witnesses and the updating of pension evaluations to await disposition by the Master. BY THE COURT, Michelle L. Sommer, Esquire For the Plaintiff /Wayne F. Shade, Esquire For the Defendant Am P rC)l FILED OF THE 'R`r- -, 'OTAAY 2569 OCT -9 I'M Z' 16 DENISE M. THOMAS-KENNEDY,: IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 07-3072 CIVIL WILLIAM R. KENNEDY, JR., Defendant : IN DIVORCE IN RE: PLAINTIFF'S MOTION TO COMPEL DISCOVERY ORDER AND NOW, this day of October, 2009, the motion of the plaintiff to compel discovery is GRANTED and the defendant is directed to respond to any and all outstanding discovery within thirty (30) days of the date of this order. BY THE COURT, Michelle L. Sommer, Esquire For the Plaintiff X-"W'ayne F. Shade, Esquire For the Defendant :rlm COP 16-C.- yn.?7ttck OTAI 2BQ9 OC i -8 F6 1, : 17 ag - 1j34r _. _ : 1 17)" -;UN I ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 12/21/09 Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number LAND O LAKES INC PO BOX 64101 SAINT PAUL MN 55164-0101 07-3072 CIVIL OOriginal Order/Notice oAmended Order/Notice (D O Terminate Order/Notice OOne-Time Lump Sum/Notice Employee/Obligor's Name (Last, First, MI) 201-48-8739 Employee/Obligor's Social Security Number 1150100091 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 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ per month in current child support per month in past-due child support per month in current medical support per month in past-due medical support per month in current spousal support per month in past-due spousal support per month for genetic test costs per month in other (specify) Arrears 12 weeks or greater? O yes ® no one-time lump sum payment for a total of $ o. oo per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 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 A D THE PACSES MEMBER ID (shown above as the EmployeelObligor's Case Identifieit-DR SOCIAL RIT N j ER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: RE: KENNEDY, DENISE T. Form EN-028 Rev.5 Service Type M OMB No.: 0970-0154 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? If 4hecked you are required to provide gopy of this form to yoursmployee. If yo?r employee works in a state that is di erent from the state that issued this or er, a copy must be provi edd 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 employeelobligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each 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. 4103651450 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : O THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 0 EMPLOYEE'S/OBLIGOR'S NAME: KENNEDY, DENISE T. EMPLOYEE'S CASE IDENTIFIER: 115010009 LAST KNOWN HOME ADDRESS: DATE OF SEPARATION: 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 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 (CCPA) 0 5 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks : If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 Service Type M OMB No.: 0970-0154 Form EN-028 Rev.5 Worker ID $IATT ADDENDUM Summarv of Cases on Attachment Defendant/Obligor: KENNEDY, DENISE T. PACSES Case Number 487110621 PACSES Case Number Plaintiff Name Plaintiff Name WILLIAM R. KENNEDY JR Docket Attachment Amount Docket Attachment Amount 07-3072 CIVIL$ 0.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB PACSES Case Number PACSES Case Number Plaintiff Name Plaintiff Name Docket Attachment Amount Docket Attachment Amount $ 0.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB PACSES Case Number PACSES Case Number Plaintiff Name Plaintiff Name Docket Attachment Amount Docket Attachment Amount $ 0.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB Addendum Form EN-028 Rev.5 Service Type M OMB No.: 0970-0154 Worker ID $IATT PIED CAE 71-F P-7, 2 0 0 9 D¢EC 22 FM 2: 27 CU"d ?. DENISE T. KENNEDY, Plaintiff/Respondent VS. WILLIAM R. KENNEDY, JR., Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 07-3072 CIVIL TERM IN DIVORCE PACSES CASE: 487110621 ORDER OF COURT AND NOW to wit, this 22nd day of December, 2009, it is hereby Ordered that the Order for Alimony Pendente Lite is terminated, effective December 20, 2009, pursuant to the demise of the Petitioner. There is no balance due to the Petitioner. This Order shall become final twenty (20) after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Prothonotary's Office for a hearing de novo before the Court. BY THE COURT: T%k -L ?14 M. L. Ebert, Jr., J. DRO: R.J. Shadday xc: Petitioner Respondent Michelle L. Sommer, Esq. Wayne F. Shade, Esq. Form OE-001 Service Type: M Worker: 21005 12/21/2009 15:25 7172493344 ABOM&KUTULAKIS om KuTULAxis AnOxvEn AT Iaw December 21, 2009 SY'N'C VIA FA(',.SiMiLF?'?124? R .J. Shadday, Conference Officer Cumberland County Domestic Relations 13 North Hanover Street Carlisle, PA. 17013 Re. William R. Kennedy,,,k. v. Denise M. Thomas Kennedy PASCES Docket No.: 48711062.1 Our Fide No.: 09.012 Dear Ms. Shadday: PAGE 02/02 Og„c,:LOCnno?m CARLISLE. OFMCE (717) 249-0900 HARRL4BI.RlG Or-MCE (7.17) 232-9511 CHAMU SBURG OFFICE (717) 257-0900 YORx OFFICE (717) 846-0900 This letter is to it) form you that William R. Kennedy Jr. passed away on December 20, 2009. Because of this unfortunate incident please cease all payments of Akmag Pendomte Lite to the Plaintiff effective December 20, 2009. I will be happy to send a copy of the death certificate wbenever it is available. If you have any questions or concerns, please do not hesitate to contact note. Vety truly yours, Abom de Kutulakis, L.L.P. 3?? a 0 YZ - krarm hsicbclle L. Sommer, Esquire MLS/dlr cc: Wayne F. Shade, Esquire Denise M. Thomas-Kennedy Rcply Tn: 2 WF,ST HIGH STREET "CARLISLE. PENN,M ANNA 17013 (717) 249-0900 FAX (717) 249.3344 F THE P':'? nYARk 2009 DEC 22 PH 2: 27 ITY FIFrICIE OF THE RRoT!- ONOTARY T? OM ?' LILAKIS 2410 JAN -8 PM 3: 0 2 IVtichelle L. Sommer, Esquire Attomec I.D. #: 93034 2 West High Street Carlisle, PA 17013 717) 249-0900 1, 'UN'iY P Ei ?NSY1_Vr," ?IA DENISE M. THOMAS-KENNEDY, Plaintiff V. WILLIAM R. KENNEDY, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 07-3072 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff in the above matter, Denise M. Thomas-Kennedy, pursuant to the divorce action filed at the above term and number, hereby elects to resume the prior surname of THOMAS, thereby changing her legal name to DENISE MARIE THOMAS, and gives this written notice avowing her intention pursuant to the provisions of 54 P.S. 704. Date: - - U 14 Lvw_'?A? DENISE MARIE THOMAS-KENN COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND &41? DENISE MARIE THOMAS SS On the ? day of January, 2010, before me, a Notary Public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand and official seal. Notary Public Go^tma;rr?u.lt*1 of Penns-1 is °-TAV,'IAL S A r a.VyPiiblic /L fiecr L,umberiard My 11,2010 ABOM & I?uruiAcis Michelle L. Sommer, Esquire Attomey I.D. #: 93034 2 West High Street Carlisle, Pit 17013 (717) 249-0900 DENISE M. THOMAS-KENNEDY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. NO. 07-3072 CIVIL TERM c7 ,._, C ° WILLIAM R. KENNEDY JR. CIVIL ACTION -LAW c? ? 7 C__ R7 Defendant IN DIVORCE film __ A7? j U4 ,Ce] TO THE PROTHONOTARY OF SAID COURT: -? N ,J PRAECIPE TO WITHDRAW DIVORCE COMPLAINT f c,? UNDER SECTIONS 3301 (c) AND (sa) OF THE DIVORCE C ODE' AND NOW, comes the above named Plaintiff, Denise Thomas-Kennedy, by and through her attorney, Michelle L. Sommer, Esquire, of Abom & Kutulakis, L.L.P., wishes to withdraw the Divorce Complaint that was filed on May 21, 2007, due to the fact the Defendant is deceased as of December 20, 2009. D.vrE + i 5 ? x i o Respectfully submitted, ABOM & KUTULAKIs, L.L.P. 15V Michelle L. Sommer, quire Supreme Court ID No. 93034 2 West High Street Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for the Plaintiff CERTIFICATE OF SERVICE AND NOW, this 15`h day of January 2010, I, Michelle L. Sommer, Esquire, of ABOM & KUTULAKIS, L.L.P., hereby certify that I did serve a true and correct copy of the foregoing Praecipe to Withdraw Divorce Complaint under Sections 3301 (c) and (d) of the Divorce Code by First Class Mail addressed to the following: Wayne F. Shade, Esquire Attorney at Law 53 West Pomfret Street Carlisle, PA 17013 Attorney for the Defendant DATE i I 2V 10 Respectfully submitted, ABom&KUTVLAKi4 L.L.P. Michelle L. Sommer, squire Supreme Court ID No. 93034 2 West High Street Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for the Plaintiff DENISE M. THOMAS-KENNEDY, : Plaintiff VS. WILLIAM R. KENNEDY, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07 - 3072 Civil IN DIVORCE ORDER OF COURT AND NOW, this YM day of cT 2010, the Master having been provided an obituary showing that the Defendant, William R. Kennedy, Jr., died on December 20, aoOQ .2 0, the appointment of the Master is vacated. cc: ? Michelle L. Sommer Attorney for Plaintiff Wayne F. Shade Attorney for Defendant CT Es rna4ltCL = G -r3 o - ? M r 7 :1: rn co Gtl JJ1 w BY THE COURT, The Sentinel Online : Community : Announcements : Obituaries : William R. Kennedy Jr. Page 1 of 1 Obituaries William R. Kennedy Jr. Last updated: Wednesday, December 23, 2009 10:04 AM EST William R. Kennedy Jr., of Carlisle, 75, passed away on Sunday, Dec. 20, 2009, at his home. Born in Philadelphia, he was a former resident of Churchville, and a son of the late William R. Kennedy Sr. He is survived by his mother, Anna Kennedy; a brother, Robert W. Kennedy; his children, Linda Kennedy, Jay Kennedy and Daryl Wood; and four grandchildren. In addition, he is survived by his wife, Denise, and her daughters, Denise and Erin. He was a hard worker who loved good food, classic cars, sports and dogs. Friends and family who knew Bill Kennedy will remember him fondly. No services will be held. Ewing Brothers Funeral Home, Carlisle, assisted the family. Visit www.Sincel853.com to send condolences. 02009, The Sentinel, a division of Lee Enterprises. Do not copy or redistribute. Article: William R. Kennedy Jr. Author: URL: www.cumberlink.com/articies/2009/12/23/community/announcements/obituaries/doo4b32314d23cba6O6787227.prt http-llwww.cumberlink.comlarticles/2009/ 12!231community/announcements/obituaries/do... 1/27/2010