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Home My WebLink About07-3809ANITA WILKINSON, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. O'Y - .?POp ?t TIMOTHY WILKINSON, CIVIL ACTION - LAW Defendant IN DIVORCE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 (717) 249-3166 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despues de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 (717) 249-3166 Jordan D. Cunningham, Esquire CUNNINGHAM & CHERNICOFF, P.C. 2320 North Second Street Harrisburg, Pa 17110 Telephone: (717) 238-6570 Facsimile: (717) 238-4809 Email: icunnin amaa,cclawpc.com Attorneys for Plaintiff ANITA WILKINSON, Plaintiff V. TIMOTHY WILKINSON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. a' f CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301 (c) AND SECTION 3301(d2 OF THE DIVORCE CODE 1. Plaintiff, Anita Wilkinson, is an adult individual who currently resides at 1835 Signal Hill Drive, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant, Timothy Wilkinson, is an adult individual who currently resides at 1835 Signal Hill Drive, Mechanicsburg, Cumberland County, Pennsylvania. 3. The parties have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on September 22, 1984, in DuBois, Pennsylvania. 5. Plaintiff avers that there are four (4) children of the parties, of which two (2) children are over the age of eighteen, namely, Shayne F. Wilkinson, date of birth February 16, 1986 and Alahna M. Wilkinson, date of birth October 11, 1987; and two (2) children under the age of eighteen (18), namely, Blake M. Wilkinson, date of birth October 2, 1992 and Tia M. Wilkinson, date of birth November 28, 1995. 6. There have been no prior actions of divorce or for annulment between the parties. 7. Plaintiff has been advised that counseling is available and the Plaintiff may have the right to request that the Court require the parties to participate in counseling. 8. The Plaintiff avers she is entitled to a divorce on the grounds that: a. Defendant did, over a period of time, commit such indignities to the person of Plaintiff as to render her condition intolerable and life burdensome; and b. The marriage is irretrievably broken. 9. Plaintiff is not a member of any military service of the United States of America. 10. Defendant is not a member of any military service in the United States of America. WHEREFORE, Plaintiff requests this Honorable Court to enter a Decree of Divorce. 2 COUNT II-EQUITABLE DISTRIBUTION 11. The averments in Paragraphs 1 through 10, inclusive, are incorporated herein by reference thereto. 12. During the course of the marriage, the parties acquired marital property. WHEREFORE, the Plaintiff requests the Court to equitably determine, divide, distribute and assign the marital property of the parties pursuant to Section 3501 of the Divorce Code. COUNT III - ALIMONY PENDENTE LITE 13. The averments in Paragraphs 1 through 12, inclusive, are incorporated herein by reference thereto. 14. Plaintiff lacks sufficient property to provide and pay for expenses of this action, including her reasonable counsel fees, nor to provide for her maintenance and support and the maintenance and support of the two (2) minor children of the parties namely, Blake M. Wilkinson, date of birth October 2, 1992 and Tia M. Wilkinson, date of birth November 28, 1995. WHEREFORE, Plaintiff requests the Court to enter an Order granting Plaintiff reasonable counsel fees and expenses, alimony pendente lite, alimony and child support for the two (2) minor children of the parties. 3 15. The averments in Paragraphs 1 through 14, inclusive, are incorporated herein by reference thereto. 16. Plaintiff has employed Jordan D. Cunningham, Esquire and the law firm of Cunningham & Chernicoff, P.C. to represent her in this matrimonial cause. 17. Plaintiff is unable to pay her counsel fees, costs and expenses, and Defendant is more than able to pay them. 18. Defendant is employed and has the ability to pay Plaintiff's counsel fees, costs and expenses. 19. Reserving the right to apply to the Court temporary counsel fees, costs and expenses prior to final hearing, Plaintiff requests that, after final hearing, the Court order Defendant to pay Plaintiff's reasonable counsel fees, costs and expenses. WHEREFORE, Plaintiff respectfully requests that pursuant to Sections 3104(a)(1); 3323(b); 3702; and 4351(a) of the Divorce Code, the Court enter an order directing Defendant to pay Plaintiff's reasonable counsel fees, costs and expenses. submitted, COFF, P.C. Dated: v By: - ? /I,/ JXdatf D/Cunningham, Esquire A I.D. NO. 23144 2320 North Second Street Harrisburg, PA 17110 (717)238-6570 Attorneys for Plaintiff F:\Home\AHEWITTIDOCS\W-Z\WILKNSN\DIVORCE COMPL41NT.wpd 4 I, Anita Wilkinson, hereby acknowledge that I have read the foregoing Complaint in correct to the best of my knowledge, information I understand that any false statements § 4904, relating to unsworn falsification to I am the Plaintiff in the foregoing action; ; and the facts stated therein are true and belief are made subject to penalties of 18 Pa. C.S. 1 Anita Wilkinson Dated: 6 -- 2-L-Crl AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF ss The Plaintiff, being duly sworn according to law, deposes and says that he is the Plaintiff in the above-captioned matter and that she person illy knows that the Defendant is over the age of eighteen (18) years. The Plaintiff further avers that the Defendant is not in the Military Service or in any branch of the Armed Forces of the United States of America or its Allies or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 and its Amendments. nita Wilkinson SWORN to and Subscribed to before me this a day of 'Auy) -e- 2007. Public C M ANIA IL SEAL JULFJWW AMETRANO, Notary Public City of Harrisburg, Dauphin County My Commission Expires Feb. 22, 2011 COMMONWEALTH OF PENNSYLVANIA COUNTY OF I, Anita Wilkinson, being duly sworn ss to law, depose and say: 1. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 2. I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is avai able to me upon request. 3. Being so advised, I do not request at the Court require that my spouse and I participate in counseling prior to a ivorce Decree being handed down by the Court. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. i An Wilkinson SWORN to and Subscribed to before me thisa?day of ?1 ) yl -R- 2007. otary Public COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL JULIEANW AMETRANO, Notary Public City of Harrisburg, Dauphin County My Commission Expires Feb. 22, 2011 AFFID VIT ? wl W V ? b c C c-? C t Q w? w a v j? L Jordan D. Cunningham, Esquire CUNNINGHAM & CHERNICOFF, P.C. 2320 North Second Street Harrisburg, Pa 17110 Telephone: (717) 238-6570 Facsimile: (717) 238-4809 Email: icunninp-harnAcclawpc.com Attorneys for Plaintiff ANITA WILKINSON, Plaintiff V. TIMOTHY WILKINSON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-3809 CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO FILE PROOF OF SERVICE OF COMPLAINT IN DIVORCE TO THE PROTHONOTARY: Please filed the attached copy of correspondence as Proof of Service in the above matter indicating service of the Defendant, Timothy Wilkinson, in this matter on July 10, 2007. Respectfully submitted, D? Dated: By: CUNNINGHAM & CHERNICOFF, P.C. 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 Telephone: (717) 238-6570 F:\Home\AHEWIT"T\DOCS\W-Z\WILKNSN\PRAECIPE FOR PROOF OF SERVICE.wpd J LrI: CERTIFIED RECEIPT a (Donnestic Mail Only; No Insurance Coverage Provided) Ir • delivery information • •• Lr) Ne E U1 Postage $ pFp . Certified Fee ` <trp Here (Endormmeacared) P?e W D ° Restricted Delivery Fee ? (Endorsement Required) Total Postage & Fees ° ? 1()2S ?vc,.,nas?a ..a --- - ° ent Rt or PO Box No. .. Clt}, Slate, ZI ,,? .... ° -------- PS F- Iction" ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted De"" is desired. t ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the tack of the mailpiece, • or on the front if space permits. 1. Article Addressed to? I A Signature <::) JY AA , ? Agent B. R ed ¢y J Name) I C. Data of Dpi D. Is delivery address different from item t? ? Yes If YES, enter, gdr, below: ? No TRJCTED ftra 3. SerOft Type Certified Mail ? Egon Mail ? Registered Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted DsNuary? PFXbN A* Willia 2. Article Number 7006 0100 0004 5235 9 215 (Transfer from sendoe 102595-02-M-1540 PS Form 3811, February 2004 Domestic Return Receipt JORDAN D. CUNNINGHAM CUNNINGHAM & CHERNICOFF, P.C. ROBERT E. CHERNICOFF MARC W. WITZIG ATTORNEYS AT LAW BRUCE J. WARSHAWSKY P.O. BOX 60457 KELLY M. KNIGHT TRACY L. UPDIKE HARRISBURG, PENNSYLVANIA 17106-0457 TELEPHONE (717) 238-6570 FAX (717) 238-4809 July 6, 2007 VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED RESTRICTED DELIVERY Article Number: 7006-0100-0004-5235-9215 Timothy Wilkinson 1835 Signal Hill Road Mechanicsburg, PA 17050 Re: Anita Wilkinson v Timothy Wilkinson Cumberland County Court of Common Pleas Docket No. 07-3809 Our File No. 429906 Dear Mr. Wilkinson: HERSHEY TELEPHONE (717) 534-2833 IRS NO, 23-2274135 Street Address: 2320 N. 2nd Street Harrisburg, PA 17110 ?? I k Enclosed is a true and correct copy of the Divorce Complaint filed in the above captioned matter. If you have any questions, please contact your attorney. P.C. JDC/alh enclosure cc: Anita Wilkinson (w/o enclosure) F:\Home\AHEWITT\DOCS\W-Z.\WILKNSN\L070807 service ]tr ATTEMPT 2.wpd Very truly yours, ANITA WILKINSON, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. Rt5F (21,CJItt TIMOTHY WILKINSON, CIVIL ACTION - LAW Defendant IN DIVORCE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 (717) 249-3166 47- GJ :J AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despu6s de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accibn como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 (717) 249-3166 Jordan D. Cunningham, Esquire CUNNINGHAM & CHERNICOFF, P.C. 2320 North Second Street Harrisburg, Pa 17110 Telephone: (717) 238-6570 Facsimile: (717) 238-4809 Email: icunninshamacclawpc.com Attorneys for Plaintiff ANITA WILKINSON, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. TIMOTHY WILKINSON, CIVIL ACTION - LAW Defendant IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301 (c) AND SECTION 3301Ud) OF THE DIVORCE CODE Plaintiff, Anita Wilkinson, is an adult individual who currently resides at 1835 Signal Hill Drive, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant, Timothy Wilkinson, is an adult individual who currently resides at 1835 Signal Hill Drive, Mechanicsburg, Cumberland County, Pennsylvania. 3. The parties have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on September 22, 1984, in DuBois, Pennsylvania. 5. Plaintiff avers that there are four (4) children of the parties, of which two (2) children are over the age of eighteen, namely, Shayne F. Wilkinson, date of birth February 16, 1986 and Alahna M. Wilkinson, date of birth October 11, 1987; and two (2) children under the age of eighteen (18), namely, Blake M. Wilkinson, date of birth October 2, 1992 and Tia M. Wilkinson, date of birth November 28, 1995. 6. There have been no prior actions of divorce or for annulment between the parties. 7. Plaintiff has been advised that counseling is available and the Plaintiff may have the right to request that the Court require the parties to participate in counseling. 8. The Plaintiff avers she is entitled to a divorce on the grounds that: a. Defendant did, over a period of time, commit such indignities to the person of Plaintiff as to render her condition intolerable and life burdensome; and b. The marriage is irretrievably broken. 9. Plaintiff is not a member of any military service of the United States of America. 10. Defendant is not a member of any military service in the United States of America. WHEREFORE, Plaintiff requests this Honorable Court to enter a Decree of Divorce. 2 COUNT II-EQUITABLE DISTRIBUTION 11. The averments in Paragraphs 1 through 10, inclusive, are incorporated herein by reference thereto. 12. During the course of the marriage, the parties acquired marital property. WHEREFORE, the Plaintiff requests the Court to equitably determine, divide, distribute and assign the marital property of the parties pursuant to Section 3501 of the Divorce Code. COUNT III - ALIMONY PENDENTE LITE 13. The averments in Paragraphs 1 through 12, inclusive, are incorporated herein by reference thereto. 14. Plaintiff lacks sufficient property to provide and pay for expenses of this action, including her reasonable counsel fees, nor to provide for her maintenance and support and the maintenance and support of the two (2) minor children of the parties namely, Blake M. Wilkinson, date of birth October 2, 1992 and Tia M. Wilkinson, date of birth November 28, 1995. WHEREFORE, Plaintiff requests the Court to enter an Order granting Plaintiff reasonable counsel fees and expenses, alimony pendente lite, alimony and child support for the two (2) minor children of the parties. 3 COUNT IV - REQUEST FOR COUNSEL FEES, COSTS AND EXPENSES UNDER SECTIONS 3104(a)(1): 33231b1: 3702 and 4351(a) OF THE DIVORCE CODE 15. The averments in Paragraphs 1 through 14, inclusive, are incorporated herein by reference thereto. 16. Plaintiff has employed Jordan D. Cunningham, Esquire and the law firm of Cunningham & Chernicoff, P.C. to represent her in this matrimonial cause. 17. Plaintiff is unable to pay her counsel fees, costs and expenses, and Defendant is more than able to pay them. 18. Defendant is employed and has the ability to pay Plaintiff's counsel fees, costs and expenses. 19. Reserving the right to apply to the Court temporary counsel fees, costs and expenses prior to final hearing, Plaintiff requests that, after final hearing, the Court order Defendant to pay Plaintiff's reasonable counsel fees, costs and expenses. WHEREFORE, Plaintiff respectfully requests that pursuant to Sections 3104(a)(1); 3323(b); 3702; and 4351(a) of the Divorce Code, the Court enter an order directing Defendant to pay Plaintiff's reasonable counsel fees, costs and expenses. , P.C. Dated: v By: - ? L PA I.D. NO. 23144 2320 North Second Street Harrisburg, PA 1711 o (717) 238-6570 Attorneys for Plaintiff F:\Home\AHEWITT\DOCS\W-Z\WILKNSN\DIVORCE COMPLAINT.wpd 4 Respectfully submitted, VERIFICATION I, Anita Wilkinson, hereby acknowledge that I am the Plaintiff in the foregoing action; that I have read the foregoing Complaint in Divorce; and the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. § 4904, relating to unworn falsification to authorities. Anita Wilkinson Dated: x-22-0'1 AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA : ss COUNTY OF The Plaintiff, being duly sworn according to law, deposes and says that he is the Plaintiff in the above-captioned matter and that she personally knows that the Defendant is over the age of eighteen (18) years. The Plaintiff further avers that the Defendant is not in the Military Service or in any branch of the Armed Forces of the United States of America or its Allies or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 and its Amendments. nita Wilkinson SWORN to and Subscribed to before me this a day of ?,?vYt -4?_w 2007. PGotary Public C YLVA? j NOTARIAL SEAL JUUEANNE AMETRANO, Notary Public City of Harrisburg, Dauphin County My Commission Expires Feb. 22, 2011 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA : ss COUNTY OF +'l I, Anita Wilkinson, being duly sworn according to law, depose and say: I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 2. I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 3. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a Divorce Decree being handed down by the Court. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. YAYID?( 0 An ilkinson SWORN to and Subscribed to before me thisXZday of '? )YI -e- 2007. Public AMWn T,DOCS\W-Z\WILKNSN\affdavl.wpd COMMONWEALTH OF PENNSYLVANLA NOTARIAL SEAL FX IEANN E AMETRANO, Notary Public y of Harrisburg, Dauphin County Commission Expires Feb. 22, 2011 CERTIFICATE OF SERVICE I do hereby state that on the day of July, 2007, I served a true and correct copy of the foregoing in the captioned matter, by placing the same in the United States mail, first-class, postage prepaid, in Harrisburg, Pennsylvania, addressed to: Timothy Wilkinson 1835 Signal Hill Road Mechanicsburg, PA 17050 Angela . Hewitt Legal Secretary L; 's1 Q'N '-p ANITA WILKINSON, Plaintiff vs. TIMOTHY WILKINSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-3809 CIVIL TERM IN DIVORCE DEFENDANT'S PETITION FOR SPECIAL RELIEF AND NOW comes the above-named Defendant, by his attorney, Samuel L. Andes, and petitions the court for special relief in this matter, based upon the following: 1. The Petitioner herein is the Defendant. The Respondent herein is the Plaintiff. 2. The parties own a single family residence at 183 Signal Hill Drive in Mechanicsburg, Pennsylvania, which property was formerly the marital residence 3. Plaintiff moved out of the marital residence in early July 2008 and took up residence elsewhere in Cumberland County. Following Plaintiff's move out of the residence, Defendant moved back into the residence to preserve it. Defendant has continued to reside in the marital residence since early July 2008. 4. Since vacating the property, Plaintiff has returned to the marital residence on several occasions, without Defendant's prior knowledge or consent and has removed various items of property from the residence. Among the items removed was a Rolodex file which contained names, addresses, telephone numbers and other information regarding the personal and business contacts of both parties, various photographs of the family, and two telephone books from State College, Pennsylvania, which contain personal information about friends of both parties. 5. The parties have a joint safe deposit box and Plaintiff entered the safe deposit box at about the time of the parties separation. On that occasion, Defendant believes that Plaintiff removed and has retained possession of a commemorative coin given to him as a sales award by his employer. 6. Defendant has requested Plaintiff return the items or make them available to him for copying on numerous occasions. Plaintiff has refused to return or make available those items. 7. Defendant keeps various personal and confidential information in the marital residence and needs to be secure in the knowledge that these items will not be removed or concealed by Plaintiff. 8. Plaintiff has a separate residence and Defendant has made no effort to invade or intrude on that residence and has observed Plaintiff's right of privacy at that residence 9. Defendant is entitled to a reasonable measure of privacy in the marital residence and is entitled to know that his information and property is secure there. 10. Although Defendant is not aware of any orders entered by any of the Judges of Cumberland County in the divorce action between the parties, the Honorable Edgar B. Bayley has previously entered a order in a companion custody case and the Honorable Kevin A. Hess has entered an order in a companion support case. 11. Defendant's counsel has made Plaintiff's counsel aware of this petition and, as of the date of its filing, Plaintiff has not agreed to the relief requested herein. WHEREFORE, Defendant prays this court to award him exclusive possession of the marital residence and to prohibit Plaintiff from entering the property or the residence thereon, direct Plaintiff to return the items removed from Defendant's possession or from the marital residence or direct Plaintiff to give Defendant access to those items so that he can duplicate them. el L. An s Attorney for Defendant Supreme Court ID# 17225 525 North 12th Street P.O. Box 168 Lemoyne, Pa 17043 (717) 761-5361 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: TIMOTHY WILKI SON CERTIFICATE OF SERVICE I hereby certify that I served an original of the foregoing document upon counsel for the intiff herein by regular mail, postage prepaid, addressed as follows: Jordan D. Cunningham, Esquire 2320 N. 2"d Street P.O. Box 60457 Harrisburg, PA 17106-0457 A3 ?r January 2009 'kM A,""M Amy . Harkins Secretary for Samuel L. Andes n ?,, -_- ? ?:, ;`, - v ?'r - ? ?? :a; r'i !`wy ._ ? ?.J ?'4 ?.~? ?. 1 4C. ?, 4 J ANITA WILKINSON, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-3809 CIVIL TERM TIMOTHY WILKINSON, Defendant IN DIVORCE ORDER OF COURT AND NOW this SQL day of , 2009, upon consideration of Defendant's Petition or Special elief, a hearing is hereby scheduled, to be held before the undersigned in Court Room No. oZ of the Cumberland County Courthouse in Carlisle, Pennsylvania, commencing at 8; y5 o'clock Q m. on C;cta•?-?- the /ate day of 2009. DISTRIBUTION: ,Jordan D. Cunningham, Esquire (Attorney for Plaintiff) 2320 N. 2"d Street, P.O. Box 60457, Harrisburg, PA 17106-0457 ? Samuel L. Andes, Esquire (Attorney for Defendant) 525 N. 12th Street, P.O. Box 168, Lemoyne, Pa 17043 C6 P ?' F. s rYm at t LjL ty,? rL ' i ANITA WILKINSON, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. TIMOTHY WILKINSON, DEFENDANT 07-3809 CIVIL TERM ORDER OF COURT AND NOW, this'd day of February, 2009, the hearing scheduled for February 10, 2009, is rescheduled to commence on Wednesday, April 8, 2009, at 8:45 a.m., in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania. ordan D. Cunningham, Esquire For Plaintiff muel L. Andes, Esquii For Defendant :sal By theCourt, ct co U , t rr• Jordan D. Cunningham, Esquire CUNNINGHAM & CHERNICOFF, P.C. 2320 North Second Street Harrisburg, Pa 17110 Telephone:(717) 238-6570 Facsimile:(717) 238-4809 Email: icunninghamna cclawpc.com Attorneys for Plaintiff ANITA WILKINSON, Plaintiff V. TIMOTHY WILKINSON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-3809 CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S RESPONSE TOGETHER WITH NEW MATTER TO DEFENDANT'S PETITION FOR SPECIAL RELIEF AND NOW, comes your Plaintiff, Anita Wilkinson, by and through her counsel, Cunningham & Chernicoff, P.C., who files this Reply to Defendant's Petition for Special Relief and, in support thereof, avers as follows: The averments of Paragraph 1 are admitted. 2. The averments of Paragraph 2 are admitted. The averments of Paragraph 3 are partially admitted and partially denied. It is admitted Defendant removed himself from the former marital residence and established his own separate residence in the Winter of 2008. It is admitted that Plaintiff resided in the former marital residence with her children and was advised to move out of the family home in July 2008 as a result of Defendant's continued unannounced and uninvited entries into the marital residence leaving Plaintiff insecure and vulnerable. It is admitted that Defendant has resided in the marital home since July 2008. 4. The averments of Paragraph are partially admitted and partially denied. It is admitted that Plaintiff took two pictures of herself from the marital home in September 2008. Plaintiff has always had possession of her Rolodex file and took it with her when she left the former marital residence. Plaintiff has no idea as to where the State College phone-books are located as she does not have possession of them and did not take them from the former marital residence. The averments of Paragraph 5are denied. To the contrary, at the time of separation, Plaintiff gathered certain information from the joint safe-deposit box and until recently was unaware she had taken possession of the coin. 6. The averments of Paragraph 6 are denied. To the contrary, in December 2008 Plaintiff had to and given to Defendant the Rolodex cards related to his family and business associates. The remainder of the cards in the Rolodex are addresses and telephone numbers of Plaintiff's friends, family, and acquaintances. 2 7. The averments of Paragraph 7 represent a conclusion of fact to which a response is not required. By way of further pleading, Defendant did not honor Plaintiff's same need for security when Plaintiff lived in the former marital residence and Defendant was living at another location. Defendant, on numerous occasions, would enter the former marital residence without being invited and in an unannounced manner and refused to stop entering the property despite Plaintiff's numerous request for him to do so. 8. The averments of Paragraph 8 represent a conclusion of fact to which a response is not required. 9. The averments of Paragraph 9 represent a conclusion of fact to which a response is not required. 10. The averments of Paragraph 10 are admitted. 11. The averments of Paragraph 11 are admitted. NEW MATTER 12. The averments of Paragraphs 1 through 11 are incorporated herein by reference as if more fully set forth herein. 13. Defendant's claim to exclusive possession to the former marital residence is barred by the equitable maxim that he who seeks equity must do equity and Defendant comes to this Court with unclean hands. WHEREFORE, Plaintiff prays this Honorable Court to enter an Order denying Defendant's request for exclusive possession of the marital residence and all other equitable relief sought in his Petition for Special Relief. 3 Respectfully submitted, CUNNINGH M,& CHERNICOFF, P.C. Dated: D B ordan . Cunningham, Esquire I.D. #11144 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 Telephone: (717) 238-6570 F:\Home\AHEWITT\DOCS\W-Z\WILKNSN\Reply to Motion 040709.wpd 4 VERIFICATION I verify that the statements contained in the foregoing are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. Dated: 0 ita Wilkinson CERTIF CATE OF SERVICE 1? I do hereby state that on the day of April, 2009, I served a true and correct copy of the foregoing in the captioned matter, by placing the same in the United States mail, first-class, postage prepaid, in Harrisburg, Pennsylvania, addressed to: Samuel L. Andes, Esquire 525 North Twelfth Street P.O. Box 168 Lemoyne, PA 17043 Legal Secretary FLED-:)F71 "E OF THE ,;, yr . r,"'OTARY 2009 APR -8 AM 10: 4 l ,"", ANITA WILKINSON, PLAINTIFF V. TIMOTHY WILKINSON DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 07-3809 CIVIL TERM ORDER OF COURT AND NOV , this 8th day of April, 2009, a petition for special relief having been called for hearing, and the parties having reached an agreement, IT IS ORDERED: (1) Timothy Wilkinson, is awarded exclusive possession of the house and grounds at 835 Signal Hill Drive in Mechanicsburg, Hampden Township, Cumberland, County, Pennsylvania. (2) Anita ?ilkinson shall have access to the property and grounds only with the prior cons nt of Timothy Wilkinson, which will not be unreasonably withheld, as follows: (a) Tht parties will confirm the arrangements and husband's consent by e-mail or other writing at least 48 hours in advance. (b) Wife will not be present without husband's presence at the property, and no one other than their children will be present on those occasions I? without husband's prior) consent. (c) No property or other items will be removed from thq house. By t Court, i i 4 I` J. O? Edgar -A. B a0 CL 4. , 1 ?? Cl-- rr " tt 4qz ? 4e?1 Jordan D. Cunningham] Esquire For Plaintiff Samuel L. Andes, Esq For Defendant :sal ANITA WILKINSON, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2007 - 3809 TIMOTHY WILKINSON, DIVORCE AND CUSTODY DEFENDANT CIVIL ACTION - LAW PRAECIPE TO ENTER APPEARANCE ON BEHALF OF THE PLAINTIFF ANITA WILKINSON TO THE PROTHONOTARY: Please ENTER the appearance of Steven Howell, Esquire as Plaintiff s new counsel of record. Respectfully submitted, BY: Howell Law Firm 619 Bridge Street New Cumberland, PA 17070 (717) 770-1277 Supreme Court ID 62063 Attorney for Plaintiff CERTIFICATE OF SERVICE I hereby certify that on the date set forth below a true and correct copy of the foregoing document was served upon the persons and -in the manner indicated below which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure. Samuel L. Andes, Esquire (Via Telecopier 761-1435 and U.S. Mail) P.O. Box 168 Lemoyne, PA 17043-0168 Jordan D. Cunningham, Esquire (Via Telecopier 238-4809 and U.S. Mail) Cunningham & Chernicoff, P.C. P.O. Box 60457 Harrisburg, PA 17106-0457 BY: Date: May 8, 2009 FILED-'O' RCE OF THE PFG ?an?"OT y 2009 MAY ! l PH ? : 02 ANITA WILKINSON, PLAINTIFF VS. TIMOTHY WILKINSON, DEFENDANT DIVORCE CIVIL ACTION - LAW NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff in the above matter, prior to the entry of a Final Decree in Divorce, or after the entry of Final Decree in Divorce dated hereby elects to resume the prior surname of FRANK, and gives this written notice avowing her intention pursuant to the provisions of 54 P.S. 704. Date: COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SignaturY ignature of nar& being resumed Anita Marie Frank ss On the I day of 200 04 before me, the Prothonotary or 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 herein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Prothonotary or Notary Public TH OF PENNSYLVANIA : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA NO. 07-3809 CIVIL TERM - Nobww 3" Bent T. Ho Nsk NofarY PubNc New CunbedMW Boro, Cua WAW COU* MY Canto" Expina 10, 2018 Member, Penney wA AssodaW of Notaries FILF-D-OIFFIC;` ,, nEnAPY OF THE PRR"1 `S` 2009 SEP 17 AN !G: 00 s / . 0 0 0 mac. aif-l &&Sk v2#4 X30 (o6 ' ANITA M. WILKINSON, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 07-3809 CIVIL TERM TIMOTHY P. WILKINSON, DIVORCE DEFENDANT CIVIL ACTION -LAW CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO PA. R.C.P. 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant certifies that: (I) a notice of intent to serve the subpoena with a copy of the subpoena (redacted to eliminate SSN and DOB) attached thereto was mailed or delivered to each party at least twenty (20~ days prior to the date on which the subpoena is sought to be served [a true and correct copy of USPS Form 152 bearing a mailing date of September I5, 2010 is attached hereto as Exhibit "A"]; the notice and proposed subpoena was also faxed to opposing counsel on September 15, 2010. (2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate as Exhibit "B"; ~~ (3)~-•no ob ections to the sub oena has been received• and J P ~,~ ~ Cv (4 ~~ subpoena which will be served is identical to the subpoena which is attached to the notice of ~ ~ cy~pent to serve the subpoena. ~~ ~ .~... si ~ ~;. < <--~ tT ,~- ;-- Respectfully submitted, ~- ~-- c:~ ~.. ~-~ c.a ~° t-~ By: ~ ~'~ Stev owell, quire ell Law Firm ~s r~:~ 619 Bridge Street New Cumberland, PA 17070 Supreme Court LD. 62063 (717)770-1277 Defendant's Counsel Certificate of Service I hereby certify that on the date set forth below a true and correct copy of the foregoing document was served upon the party/parties set forth below by postage prepaid, first class United States Mail addressed as follows: Samuel L. Andes, Esquire P.O. Box 168 Lemoyne, PA 17043-0168 By: Date: Octaber 19, 2010 o PosteBe end t~liveFy Cartimwdioo tees must be paid before mallinq. r+r. `' POSTILL CUSTOMER• ° Ifeep this receipt For In fries: , ~,~-~~ Acoessirrbern9t vieb site` ~ ~ l r ,9 ~ WWw.°u1PpB.01Drf1'~ "~, ~~ ~''~~' \ or I 1-800-222-181 1 1 ~~~ - . 'w( ~~P y' .. ~.. ~,~ r ~, ~10~ ~ ~Flrst-class ilAd~parcei .. >~ ,~,,a~.,,/ ~'° :+~' ANIT'A M. WILKINSON, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA VS. N0.07-3809 CIVIL TERM TIMOTHY P. WILKINSON, DIVORCE DEFENDANT CIVIL ACTION -LAW NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO PA. R.C.P. 4009.21 Plaintiff Anita M. Wilkinson intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Respectfully submitted, BY: Date: September 15, 2010 Certificate of Service 1r j- dwell Law Firm 619 Bridge Street New Cumberland, PA 17070 (717) 770-1277 Voice Supreme Court ID 62063 Attorney for the Plaintiff I hereby certify that on the date set forth below a true and correct copy of the- foregoing document was served upon the party/parties set forth below by postage prepaid, first_class United States Mail addressed as follows: Samuel L. Andes, Esquire P.O. Box 168 Lemoyne, PA 17043-0168 By: Date: September 15, 2010 ANITA M. WILKINSON, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA VS. NO.07-3809 CIVIL TERM TIMOTHY P. WILKINSON, DIVORCE DEFENDANT CIVIL ACTION -LAW SUBPOENA FOR THE PRODUCTION OF DOCUMENTS To: Records Custodian Dell Inc. 1 Dell Way Round Rock, TX 78682 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: All documents reflecting gross compensation (salary, bonus, commissions, deferred compensation, stock certificates, employee discounts, employee trips, reimbursements, contributions to any defined benefit or defined contribution retirement plan, life insurance, disability insurance or any other form of payments for services) paid to the following individual for the period JANUARY 1, 2009 TO DECEMBER 31, 2009: TIMOTHY P. WILKINSON (ACCOUNT EXECUTIVE IV) 1835 SIGNAL HILL DRIVE MECHANICSBURG, PA 17050 SSN X8503 DOB x'1961 2. All documents reflecting gross compensation (salary, bonus, commissions, deferred compensation, stock certificates, employee discounts, employee trips, reimbursements, contributions to any defined benefit or defined contribution retirement plan, life insurance, disability insurance or any other form of payments for services) paid to the following individual for the period JANUARY 1, 2010 TO PRESENT: TIMOTHY P. WILKINSON (ACCOUNT EXECUTIVE IV) 1835 SIGNAL HILL DRIVE MEC~ANICSBURG, PA 17050 SSN8503 DOB~961 All documents regarding any change in compensation (as defined above) to be paid to Timothy P. Wilkinson by Dell Inc. starting June 1, 2010 to present. 4. All documents by and between Timothy P. Wilkinson and Dell Inc. from January 1, 2010 to present regarding Mr. Wilkinson's gross compensation package including salary, bonus payments, and commissions. at: Howell Law Firm, 619 Bridge Street, New Cumberland, Pennsylvania 17070. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. This subpoena was issued at the request of the following person: Steven Howell, Esquire Howell Law Firm 619 Bridge Street New Cumberland, PA 17070 (717) 770-1277 Voice Supreme Court ID 62063 Attorney for Plaintiff BY THE COURT: By: Prothonotary Date: I+rILE-0-OFF ICE IT THE PRO?`HONOVIR. 2011 APR 15 AM 14: 42 CUMBERLAND COUNTY PENNSYLVANIA ANITA M. WILKINSON, Plaintiff VS. TIMOTHY P. WILKINSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-3809 CIVIL TERM IN DIVORCE NOTICE TO PLAINTIFF If you wish to deny any of the statements set forth in this Affidavit, you must file a Counter Affidavit within twenty (20) days after this Affidavit has been served on you or the statements will be admitted. DEFENDANT'S AFFIDAVIT UNDER SECTION 3301 (d) OF THE DIVORCE CODE 1. The parties to this action separated on or about 30 June 2007 (based upon the date that Wife filed the Divorce Complaint) and have continued to live separately and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Date: TIMOTHY P. WIL SON ANITA M. WILKINSON, ) IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. ) C= ,, C o _ ?! TIMOTHYP. WILKINSON NO. 07-3809 CIVIL T - , Defendant r ) IN DIVORCE cnr rev Motion for Appointment of Master ?'3 TIMOTHY P. WILKINSON, Defendant moves the court to appoint a Master wi9i re ct the following claims: (xxx) Divorce (xxx) Distribution of Property ( ) Annulment ( ) Support (xxx) Alimony (xxx) Counsel Fees (xxx) Alimony Pendente Lite (xxx) Costs and Expenses and in support of the motion states: 1. Discovery is complete as to the claim(s) for which the appointment of a Master is requested. 2. The Plaintiff has appeared in the action by her attorney, Steven Howell, Esquire. 3. The statutory ground(s) for divorce is/are:_,9z33 a 64) 4. Check the applicable paragraph(s). (The action is not contested. ( ) An agreement has been reached with respect to the following claims: ( ?) The action is contested with respect to the following claims: C-L 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take 1 day. 7. Additional information, if any, relevant to the motion: '7 1t Date 4'4L. Andes Attorney for Defendant AND NOW, 2011, , Esquire, is appointed Master with respect to the following claims: divorce. BY THE COURT, Distribution: J. Steven Howell, Esquire 619 Bridge Street, New Cumberland, PA 17070 Samuel L. Andes, Esquire 525 North 12`h Street, P.O. Box 168, Lemoyne, Pa 17043 ANITA M. WILKINSON, ) IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v ?. ) C o ? € NO. 07-3809 CIVIL Tl -, TIMOTHY P. WILKINSON, M -0 ) X V rn -vrn Defendant ; ) IN DIVORCE N ' ca following and in su] 1. 2. 3. lLlr "? ° ``' ' Motion for Appointment of Master At c w ° rrz > P. WILKINSON, Defendant moves the court to appoint a Master witl re ctvo the (xxx) Divorce ( ) Annulment (xxx) Alimony (xxx) Alimony Pendente Lite of the motion states: (xxx) Distribution of Property ( ) Support (xxx) Counsel Fees (xxx) Costs and Expenses is complete as to the claim(s) for which the appointment of a Master is requested. Plaintiff has appeared in the action by her attorney, Steven Howell, Esquire. statutory ground(s) for divorce is/are:_ y 4. C eck the applicable paragraph(s). (xVfi action is not contested. ( ) An agreement has been reached with respect to the following claims: ( ?) The action is contested with respect to the following claims: _() 5. T he action does not involve complex issues of law or fact. 6. T he hearing is expected to take 1 day. C C=- ^¢ 7. Ad ditional information, if any, relevant to the motion: fn ' r- - rT rn i CD Date el L. Andes " • • ' Attorney for Defendant wi T2011, ?so W ' Esquire, is appoin ted Master r pe ct to the following claims: divorce. 44.1 BY THE CO !!!! rx-. G J. Distribution: CpP d? if Steve Howell, Esquire A 19 Bridge Street, New Cumberland, PA 17070 ?Samu 1 L. Andes, Esquire 525 North 1201 Street, P.O. Box 168, Lemoyne, Pa 17043 FILED-OFF-1 OF THE PROT>-IONOTraRY ANITA M. WILKINSON, Plaintiff 2011 APR 28 PM 12: 03 CUMBERLAND ) idT'} jlA PENNSYL?A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. TIMOTHY P. WILKINSON, Defendant NO. 07-3809 CIVIL TERM IN DIVORCE PLAINTIFF'S COUNTER-AFFIDAVIT UNDER SECTION 3301(D) OF THE DIVORCE CODE 1. Check either (a) or (b): (a) I do not oppose the entry of a Divorce Decree. X (b) I oppose the entry of a Divorce Decree because (check (i), (ii) or both): Ar,`? %a , f c?';un 1° ttt 1C ?+ ()^(} 07 (i) The parties to this action have not lived separate c and apart for a period of at least 2 years. tt ltd sw a E- (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): (a) I do not wish to make any claims for economic relief. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. X(b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I verify that the statements made in this Counter-Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. - Date: a 2'' lit ANITA M. WILKIN ON NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU NEED NOT FILE THIS COUNTER-AFFIDAVIT. ANITA WILKINSON, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA VS. ; NO. 2007 - 3809 c TIMOTHY WILKINSON, DIVORCE ?M DEFENDANT CIVIL ACTION - LAW y:?c I 2. cn r" r- ? <d AMENDED DIVORCE COMPLAINT ? C-J Plaintiff Anita Wilkinson filed a Complaint in Divorce on June 25, 200-7. c r- N N W true and correct copy of the Complaint is attached hereto as Exhibit "A" and incorporated by reference as though fully set forth. Plaintiff Anita Wilkinson seeks to add a Count for Alimony. COUNT V: ALIMONY 3. 4 5 Defendant earns substantially more income that the Plaintiff. -? O C? -try Plaintiff requires financial assistance from the Defendant in the form of alimony in order to maintain the standard of living she enjoyed during the marriage. Due to the length of the marriage, substantial income disparity between the parties, the standard of living enjoyed by the parties and other factors set forth in the Divorce Code, Plaintiff is entitled to a permanent award of alimony. 619 Bridge Street New Cumberland, PA 17070 (717) 770-1277 Supreme Court ID 62063 Attorney for Plaintiff Respectfully submitted, BY: Stev How Al, s ire well La Firm CERTIFICATE OF SERVICE I hereby certify that on the date set forth below a true and correct copy of the foregoing document was served upon the persons and in the manner indicated below which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure. Samuel L. Andes, Esquire (Via U.S. Mail) P.O. Box 168 Lemoyne, PA 17043-0168 BY: Date: July 22, 2011 VERIFICATION I/we verify that the statements made in the foregoing document are true and correct. I/we understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Vita "M. Wilkie on n/k/a Anita M. Frank Date: July 22, 2011 ANITA WILKINSON, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2007 - 3809 TIMOTHY WILKINSON, DEFENDANT DIVORCE AND CUSTODY CIVIL ACTION - LAW PLAINTIFF ANITA WILKINSON'S PRE-TRIAL STATEMENT ASSETS OF THE PARTIES Description of Property Owners' Names Marital Value See Spreadsheet attached as Exhibit "A". As to vehicles including a conversion van and travel trailer these are to be determined. Plaintiff reserves the right to submit a vehicle appraiser and/or the NADA blue book value. Description of Property None. Description of Property None. NON-MARITAL PROPERTY PROPERTY TRANSFERRED LIABILITIES Description of Property Creditor's Name Debtors' Names See Spreadsheet attached as Exhibit "A". rr7 m rY1=7 ?,:? ? : r- °? ? ?J ... w rtii J rye q ? r Amount WITNESSES Anita M. Wilkinson n/k/a Anita M. Frank on direct testimony will testify as to the matters set forth in the Inventory, Pleadings and this Pre-Trial Statement. Timothy P. Wilkinson will be called as if on cross-examination as to the matters set forth in the Inventory, Pleadings and this Pre-Trial Statement. Mark W. Heckman, Real Estate Appraiser, 1309 Bridge Street, New Cumberland, PA 17070. This witness can only appear if Wife obtains sufficient funds to pay for a real estate appraisal. Patrick Smith, Real Estate Broker, will be called to testify as the efforts in selling the marital home and the abysmal physical conditions that Husband has permitted within the home which are deliberate and calculated to reduce the value of the home. Plaintiff reserves the right to supplement this list prior to time of trial including the services of a personal property appraiser for the household contents, conversion van and travel trailer. PARTIES' INCOME The parties' income is set forth in a separate action before Domestic Relations. Attached as Exhibit "B" is the Support Order of January 18, 2011 which was entered as a final order by Judge Oler in an opinion dates April 26, 2011 which is attached hereto as Exhibit "C". Wife requests permanent alimony in the amount of TWO THOUSAND FOUR HUNDRED THREE and 00/100 ($2,403.00) DOLLARS PER MONTH as Husband's net monthly income far exceeds Wife and she requires this alimony to maintain the lifestyle of the marriage and provide for her own living expenses and requirements. PLAINTIFF'S EXPENSES Plaintiff will complete and submit an Income and Expense Statement prior to the time of trial. EXHIBIT LIST Aside from the documents attached hereto, Plaintiff reserves the right to introduce in direct or cross examination any documents exchanged during discovery in this matter. PROPOSED RESOLUTION 1. Equitable distribution of all marital assets to Wife in the ratio of 65% to Wife versus 35% to Husband in accordance with the income distribution between the parties following the payment of alimony to Wife. In the event there are insufficient assets to permit a payout from the sale of the home then a Qualified Domestic Relations Order (QDRO) shall roll over the payment from Husband's substantial retirement assets to Wife. The calculation is based upon the following figures adopted by the Court: Husband's Net Monthly Income $11,249.00 Wife's Net Monthly Income $ 1,858.00 Net Family Income $13,107.00 Wife's Spousal Support $ 2,403.00 Net Income to Husband After Spousal Support $ 8,846.00 Husband's Percentage of Income 67.00 % of $13,107.00 ($8,846.00) Wife's Percentage of Income 33.00 % of $13,107.00 ($4,261.00) 2. Permanent alimony of TWO THOUSAND FOUR HUNDRED THREE and 00/100 ($2,403.00) DOLLARS PER MONTH payable through Domestic Relations to Wife. An award of 65% of Wife's counsel fees, costs, and expert witness fees as Husband has filed numerous, repetitive and frivolous appeals of the Domestic Relations litigation including his latest pro se appeal to the Pennsylvania Superior Court of Judge Oler's April 26, 2011 Order denying his Exceptions to the Support Master's Report. 4. An award oft/2 of the rental credit for the period of time Husband has occupied the marital residence. Respectfully submitted,, ., ; BY: uire ,Jal6well Law Firm 619 Bridge Street New Cumberland, PA 17070 (717) 770-1277 Supreme Court ID 62063 Attorney for Plaintiff CERTIFICATE OF SERVICE I hereby certify that on the date set forth below a true and correct copy of the foregoing document was served upon the persons and in the manner indicated below which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure. Samuel L. Andes, Esquire (Via U.S. Mail) P.O. Box 168 Lemoyne, PA 17043-0168 E. 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Q a O J W Q co Z O ?- Q z O w LL z a 2 ui j N Z C C _ Q O Q Q > V) Ul m 0 CL 0 Q > U D U ? V) 0 LL F- L6 O j W W w > W LU CC Q a W f= x z > Z x a z O O O 0 0 Z 0 C t0 .4 O ? 0 O i 0 O o O O 0 00 0 0 co O 00 00 r N 06 N a) CA T-i CY) ? Q `-- I vq N Ln O Z Y w J_ ui V) > V F ~ z w w N rn a N w O Ln oc w z Q u or F- co 0 00 N F Q w U Z 00 Z F N LLj N Z F- ? Z ^ m O O J w U Z LLJ 0 r,4 o w w N v z LL N r-I a Z i -i 7t N H 0! > N w (n w N Ict J Q N Q ? O F- ANITA M. FRANK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION TIMOTHY P. WILKINSON, PACSES NO. 735109797 Defendant DOCKET NO. 105 SUPPORT 2008 INTERIM ORDER OF COURT AND NOW, this 18th day of January, 2011, upon consideration of the Support Master's Report and Recommendation, a copy of which is attached hereto as Exhibit "A", it is ordered and decreed as follows: A. The Defendant's petition for modification filed September 13, 2010 is dismissed. B. The interim order dated October 18, 2010 is vacated. C. Effective November 13, 2010 the Defendant's obligation for the support of his son, Blake M. Wilkinson, is suspended. D. Effective November 13, 2010 the Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit as support for his daughter, Tia M. Wilkinson, born November 28, 1995, the sum of $1,171.00. E. Effective November 13, 2010 the Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit as spousal support the sum of $2, .00. Q F. The Defendant shall pay to pay to the Pennsylvania State Collection Disbursement Unit the additional sum of $357.00 per month on arre#,V,.jj,1any,-tmtil paid in full. s n o co G. The Defendant shall provide health insurance coverage for the benefits wi*?and daughter as is available to him through employment or other group co%ge at a- reasonable cost. "` N H. The monthly support obligation includes cash medical support in the amount of $250.00 annually for unreimbursed medical expenses incurred for said child. Unreimbursed medical expenses of the child that exceed $250.00 annually shall be allocated between the parties. The party seeking allocation of unreimbursed medical expenses must provide documentation of expenses to the other party no later than March 31 S` of the year following the calendar year in which the final medical bill to be allocated was received. The unreimbursed medical expenses are to be paid as follows: 86% by Defendant and 14% by Plaintiff. 1. The Defendant shall be entitled to claim said child, Tia M. Wilkinson, as a dependency exemption for federal income tax purposes commencing with tax year D 2010, and the Plaintiff shall execute and deliver to him in a timely manner any and all documentation required by the Internal Revenue Code to effectuate said exemption. IMPORTANT LEGAL NOTICE PARTIES MUST WITHIN SEVEN DAYS INFORM THE DOMESTIC RELATIONS SECTION AND THE OTHER PARTIES, IN WRITING, OF ANY MATERIAL CHANGE IN CIRCUMSTANCES RELEVANT TO THE LEVEL OF SUPPORT OR THE ADMINISTRATION OF THE SUPPORT ORDER, INCLUDING, BUT NOT LIMITED TO, LOSS OR CHANGE OF INCOME OR EMPLOYMENT AND CHANGE OF PERSONAL ADDRESS OR CHANGE OF ADDRESS OF ANY CHILD RECEIVING SUPPORT. A PARTY WHO WILLFULLY FAILS TO REPORT A MATERIAL CHANGE IN CIRCUMSTANCES MAY BE ADJUDGED IN CONTEMPT OF COURT, AND MAY BE FINED OR IMPRISONED. PENNSYLVANIA LAW PROVIDES THAT ALL SUPPORT ORDERS SHALL BE REVIEWED AT LEAST ONCE EVERY THREE (3) YEARS IF SUCH REVIEW IS REQUESTED BY ONE OF THE PARTIES. IF YOU WISH TO REQUEST A REVIEW AND ADJUSTMENT OF YOUR ORDER, YOU MUST DO THE FOLLOWING: CALL YOUR ATTORNEY. AN UNREPRESENTED PERSON WHO WANTS TO MODIFY (ADJUST) A SUPPORT ORDER SHOULD CONTACT THE DOMESTIC RELATIONS SECTION. ALL CHARGING ORDERS FOR SPOUSAL SUPPORT AND ALIMONY PENDENTE LITE, INCLUDING UNALLOCATED ORDERS FOR CHILD AND SPOUSAL SUPPORT OR CHILD SUPPORT AND ALIMONY PENDENTE LITE, SHALL TERMINATE UPON DEATH OF THE PAYEE. A MANDATORY INCOME ATTACHMENT WILL ISSUE UNLESS THE DEFENDANT IS NOT IN ARREARS IN PAYMENT IN AN AMOUNT EQUAL TO OR GREATER THAN ONE MONTH'S SUPPORT OBLIGATION AND (1) THE COURT FINDS THAT THERE IS GOOD CAUSE NOT TO REQUIRE IMMEDIATE INCOME WITHHOLDING; OR (2) A WRITTEN AGREEMENT IS REACHED BETWEEN THE PARTIES WHICH PROVIDES FOR AN ALTERNATE ARRANGEMENT. UNPAID ARREARAGE BALANCES MAY BE REPORTED TO CREDIT AGENCIES. ON AND AFTER THE DATE IT IS DUE, EACH UNPAID SUPPORT PAYMENT SHALL CONSTITUTE, BY OPERATION OF LAW, A JUDGMENT AGAINST YOU, AS WELL AS A LIEN AGAINST REAL PROPERTY. IT IS FURTHER ORDERED THAT, UPON PAYOR'S FAILURE TO COMPLY WITH THIS ORDER, PAYOR MAY BE ARRESTED AND BROUGHT BEFORE THE COURT FOR A CONTEMPT HEARING; PAYOR'S WAGES, SALARY, COMMISSIONS, AND/OR INCOME MAY BE ATTACHED IN ACCORDANCE WITH LAW. PAYOR IS RESPONSIBLE FOR COURT COSTS AND FEES. The parties are hereby advised that they may file written exceptions to the Support Master's Report and Recommendation within twenty (20) days of this order. Exceptions shall conform with the requirements of Rule 1910.12(f), Pa. R.C.P. If written exceptions are filed by any party, the other party may file exceptions within twenty (20) days of the date of service of the original exceptions. If no exceptions are filed within twenty (20) days of this interim order, this order shall then constitute a final order. By the Court, ?, Albert H. Masland, J. Cc: Anita M. Frank Timothy P. Wilkinson Steven Howell, Esquire For the Plaintiff Samuel L. Andes, Esquire For the Defendant DRO/tj c ANITA M. FRANK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION TIMOTHY P. WILKINSON, PACSES NO. 735109797 Defendant DOCKET NO. 105 SUPPORT 2008 SUPPORT MASTER'S REPORT AND RECOMMENDATION Following a hearing held before the undersigned Support Master on January 13, 2011, the following report and recommendation are made: FINDINGS OF FACT 1. The Plaintiff is Anita M. Frank, who resides at 206 Brook Meadow Drive, Mechanicsburg, Pennsylvania. 2. The Defendant is Timothy P. Wilkinson, who resides at 1835 Signal Hill Drive, Mechanicsburg, Pennsylvania. 3. The parties are married but live separate and apart. 4. The parties are the parents of Tia M. Wilkinson, a minor child born-mbt28, 1995, and Blake M. Wilkinson, who turned 18 years of age on Octto, 2044. 5. Tia resides primarily with the Plaintiff but spends approximately 4 8,f the) overnights in the custody of the Defendant. ?Q r'' N ?x 6. Blake resided with the Plaintiff until November 13, 2010 when he relocated-4o _=o the home of a third party. 7. By order dated December 16, 2009 the Defendant's obligation for the support of said children was set at $2,445.00 per month, and his obligation for spousal support was set at $2,951.00 per month. 8. By order dated June 14, 2010 effective July 1, 2010, said order of December 16, 2009 was modified by stipulation of the parties such that the spousal support obligation was increased to $3,721.00 per month. 9. On September 13, 2010 the Defendant filed a petition for modification of said order alleging therein a decrease in his income. 10. On December 20, 2010 the Defendant filed a second petition for modification alleging therein that Blake had moved from the Plaintiff's residence. EXHIBIT "A" 11. The Plaintiff did not advise the Defendant of Blake's change in residence in November, 2010 when it occurred. 12. The Defendant continues to be employed in sales by Dell. 13. The Defendant had total gross income from employment through June, 2010 of $104,913.50. 14. The Defendant had total gross income from employment through December, 2010 of $197,516.00. 15. The Defendant pays $244.21 bi-weekly for health insurance coverage on the family. 16. The Plaintiff is employed part-time as a recreation specialist at Thornwald Home. 17. The Plaintiff earns $13.05 per hour and works approximately 22.5 hours per week. 18. The Plaintiff is making good faith efforts to find full-time employment. 19. The Plaintiff has recently received her bachelor's degree. 20. The Defendant continues to reside in the marital residence which is encumbered by mortgages. 21. Prior to July, 2010 the Defendant was paying approximately $5,676.00 per month on mortgages, taxes and insurance. 22. In June, 2010 the parties entered into a stipulation whereby the Plaintiff would cooperate with the Defendant in refinancing the debt on the martial residence to reduce the Defendant's monthly mortgage payment in exchange for which the Defendant would increase the spousal support obligation by $770.00 per month. 23. Following the refinancing the Defendant's monthly payment on mortgage debt was reduced to approximately $3,932.00 per month. DISCUSSION A party seeking to modify a support order has the burden of demonstrating that a material and substantial change of circumstances has occurred since the entry of the order to justify a modification. Mackay v. Mackay, 984 A.2d 529 (Pa. Super. 2009). The most recent order is the one that is pertinent to the determination of whether a change of circumstances has occurred. Samii v. Samii, 847 A.2d 691 (Pa. Super. 2004). On September 13, 2010 the Defendant filed a petition for modification alleging therein that his income had declined significantly since June, 2010. In presenting his case the Defendant introduced evidence of his income through June, 2010 and evidence of his income through December, 2010. No evidence was introduced to demonstrate that the Defendant 2 had incurred a material and substantial change in his income by September 2010 when the petition was filed. Consequently the Defendant's petition must be dismissed. The Defendant filed a second petition for modification on December 20, 2010 alleging therein that the older child, Blake, had moved from the Plaintiff's home and was residing with a third party. The parties stipulated that this had occurred on November 13, 2010 at which time Blake was 18 years of age. The Plaintiff failed to notify the Defendant of the move when it occurred. Blake's move from the residence clearly is a material and substantial change of circumstances that justifies a modification in the order. The Plaintiff was imputed with an earning capacity in December, 2009 of $400.00 per week based upon potential full-time employment at $10.00 per hour. She obtained employment in March, 2010 at $13.05 per hour. Although she was working part-time she was making good faith efforts to find full-time employment. For support purposes she will be imputed with a full-time earning capacity of $522.00 per week based upon the $13.05 hourly rate. With a gross monthly earning capacity of $2,262.00 and a tax filing status of head of household, but without claiming her children as dependency exemptions,' she has a net monthly earning capacity for support purposes of $1,858.00.2 The Defendant's total gross income for 2010 is $197,516.00, or an average of $16,460.00 per month. With a tax filing status of single and his daughter Tia claimed as a dependency exemption, he has net monthly income for support purposes of $11,249.00.3 With combined net monthly income of $13,107.00, the basic requirement for the support of one child is $1,654.00 per month.4 The Defendant's proportionate share of that amount is $1,419.00. Adjustments for shared custody and health insurance coverage decrease the obligation to $1,171.00 per month. With the incomes as set forth above and a child support obligation of $1,171.00, the Defendant's obligation for spousal support is $2,403.00 per month. The total monthly obligation is $3,574.00.5 RECOMMENDATION A. The Defendant's petition for modification filed September 13, 2010 is dismissed. B. The interim order dated October 18, 2010 is vacated. C. Effective November 13, 2010 the Defendant's obligation for the support of his son, Blake M. Wilkinson, is suspended. ' With Blake having moved from his mother's home and having attained the age of majority, the possibility exists that he may file a tax return of his own. Consequently the tax exemption for him will not be considered in this case. Because the Plaintiff's actual taxable earnings are significantly less than the earning capacity imputed to her, she will not benefit financially from the exemption for Tia. Pursuant to Pa. R.C.P. 1910.16-2(f) the exemption will be awarded to the Defendant. 2 See Exhibit "A" for the tax deductions from gross income. 3 See Exhibit "A" for the tax deductions from gross income. 4 See Pa. R.C.P. 1910.16-3. 5 See Exhibit "B" for the guideline calculation. D. Effective November 13, 2010 the Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit as support for his daughter, Tia M. Wilkinson, born November 28, 1995, the sum of $1,171.00. E. Effective November 13, 2010 the Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit as spousal support the sum of $2,403.00. F. The Defendant shall pay to pay to the Pennsylvania State Collection and Disbursement Unit the additional sum of $357.00 per month on arrears, if any, until paid in full. G. The Defendant shall provide health insurance coverage for the benefit of his wife and daughter as is available to him through employment or other group coverage at a reasonable cost. H. The monthly support obligation includes cash medical support in the amount of $250.00 annually for unreimbursed medical expenses incurred for said child. Unreimbursed medical expenses of the child that exceed $250.00 annually shall be allocated between the parties. The party seeking allocation of unreimbursed medical expenses must provide documentation of expenses to the other party no later than March 31 S` of the year following the calendar year in which the final medical bill to be allocated was received. The unreimbursed medical expenses are to be paid as follows: 86% by Defendant and 14% by Plaintiff. 1. The Defendant shall be entitled to claim said child, Tia M. Wilkinson, as a dependency exemption for federal income tax purposes commencing with tax year 2010, and the Plaintiff shall execute and deliver to him in a timely manner any and all documentation required by the Internal Revenue Code to effectuate said exemption. c? 1'4" Da h', oLp.--, . --- Michael R. Rundle Support Master 4 In the Court of Common Pleas of Cumberland County, Pennsylvania Tax Detail Report Plaintiff Name: Anita M. Frank Defendant Name: Timothy P. Wilkinson Docket Number: 105 S 2008 PACSES Case Number: 735109797 Other State ID Number: Tax Year: Current: 2010 Defendant Plaintiff 1. Tax Method 1040 ES 1040 ES 2. Fling Status Single Head of Household 3. Who Claims the Exemptions Obl i or 4. Number of Exemptions 2 1 5. Monthly Taxable Income $16459.70 $2,262.00 6. Deductions Method Standard Standard 7. Deduction Amount $475.00 $700.00 8. Exemption Amount $608.34 $304.17 9. Income MINUS Deductions and Exemptions $15,376.36 $1,257.83 10. Tax on Income $3,833.92 $138.88 11. Child Tax Credit $83.33 - 12. Manual Ad'ustments to Taxes _ _ 13. Federal Income Taxes $3,750.59 $138.88 13 a. Earned Income Credit _ - 14. State Income Taxes $505.31 $69.44 15. FICA Payments $790.47 $173.04 16. City Where Taxes Apply --Select-- --Select-- 17. Local Income Taxes $164.60 $22.62 TOTAL Taxes $5,210.97 $403.98 SupportCalc 2010-5-12 EXHIBIT "A" In the Court of Common Pleas of Cumberland County, Pennsylvania Support Guideline Worksheet (Devised May 12, 2010) Rule 1910_.16-1, at seq. -- Docket Number: 105 S 2008 Defendant Name: Timothy P. Wilkinson PACSES Case Number: 735109797 Plaintiff Name: Anita M. Frank Other Case ID Number: - .._....... ____._..__._..____ ? Defendant Plaintiff 1. Number of Dependents in this Case 4 ---___- _ ._-.-....... _......... _..._-.... -......_......._ ......... ..............._....._..._ _...................... ..... _..._..___..._-....__._....__._.__._._- _.__ 1 . -?___ __-.. 2. Total Gross Monthi Income $16459.70: $,262. 2 00 3. Less Monthly _Deductions $5,210.97 ! _._....._......._-......._-...__.__....-.._.__._._-----.._...__....__. _ ......... ....._..._____ .._..-......_ $403.98 4. Monthly Net Income $11,248.73 $1,858.02 Line 2 minus Line 3 5. Combined Total Monthly Net Income 106 75 $13 , . Amounts on Line 4 Combined _ 6.. Plus Child's Month. Soc._Sec. Retirement or Disability_Derivative_Benefit. - j 7. Ad usted Combined Total Monthly Net Income _8. PRELIMINARY Child Support Obligation based on Adjusted Income (Line 7) 9. Less Child's Monthly Social Security Retirement or Disability Derivative Benefit Line 6 (-)_ 10. Basic Child Support Obligation From Rule 1910.16-3 Basic Child Support Schedule (Table Rev. 512010) I $1,654.00 Y--_---.-.-----.--..------._____ - - - --._._-.--_._---..____.-.._-__....-................ _...._._._ . ..... ........ _._ __-.._ __.-._. . _ . .. . .... .. . ... ... 11. Net Income as a Percentage of Combined Amount 85.82 w 14.18 12. Each Parent's Monthly Share of the Child Support Obligation -Y $1,419.46 $234154 13. Ad ustment for Shared Custod _ Rule 1910.1 a oyernignts: 156) $210.72 _..._.___ y 14. Ad ustment for Child Care Expenses Rule 1910.16-6 (a) - 15. Adjustment for Health Insurance Premiums Rule 1910.16-6 (a) -$37.52 _........_..._..........._.........._.........__........_..__. 16. Ad ustment for Unreimbursed Medical Expenses Rule 1910.16-6 c - 17. Adjustment for Additional Expenses Rule 1910.16-slJ...__.._.._...... _.......... ---- - -- _ 18. Total Obligation with Adjustments Line 12 minus Line 13, plus Lines 14,15,16,17 $1,171.22 _19._Less . Split -.Custody _Counterclaim Rule 1910_ 1s-a (a1 . _. ._.._.._........_ _..._......._ ...... _- _........ 20. Obligor's Support Obligation Line 18 minus Line 19, $1,171.22 -? Prepared by: mrr Date: 1/14/2011 Summa Report S1 PACSES Multiple Family Adjustment _ S2 Spousal Support Award $2,402.63 S3 Adjustment for Excess Mortgage Payments (if Applicable) - ....................... S4. Custodial Parent Spousal Support Obligation (if Applicable) S5. Adjusted Support Obligation Monthly: Weekly: Line 20 (or S1, if applicable) plus Line S2 and S3 minus S4 (if applicable) j $3 573.85 ` $822.52 s i TAX INFORMATION Tax Method Filing Status Exemptions S6 Defendant 1040 ES ' µSmcle 2 S7 Plaintiff 1040 ES Head of Household j 1 S8. Total Support Amount If Deviating from Guidelines Calculation Monthly: Weekly: S9. Justification for Deviating from Guidelines Calculation and/or Other Case Comments: SupportCak 2010-5-12 EXHIBIT "B" ANITA M. FRANK, Plaintiff V. TIMOTHY P. WILKINSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION PASCES NO. 735109797 105 SUPPORT 2008 IN RE: DEFENDANT'S EXCEPTIONS TO SUPPORT MASTER'S REPORT BEFORE OLER, J. ORDER OF COURT ORDER OF COURT AND NOW, this 26th day of April, 2011, upon consideration of Defendant's Exceptions to Report of Support Master, and for the reasons stated in the accompanying opinion, the exceptions are dismissed and the Interim Order of Court issued January 18, 2011, is entered as a final order. J. Samuel L. Andes, Esq. P.O. Box 168 Lemoyne, PA 17043 Attorney for Plaintiff S even Howell, Esq. 9 Bridge Street New Cumberland, PA 17070 Attorney for Defendant BY THE COURT, co ANITA M. FRANK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION TIMOTHY P. WILKINSON, : PASCES NO. 735109797 Defendant : 105 SUPPORT 2008 IN RE: DEFENDANT'S EXCEPTIONS TO SUPPORT MASTER'S REPORT BEFORE OLER, J. OPINION and ORDER OF COURT Oler, J., April 26, 2011. In this spousal/child support case, Defendant husband/father has filed exceptions to a support master's report which recommended (a) dismissing a petition for modification that he filed in September, 2010, based upon a purported decrease in his income since June, 2010, and (b) granting a petition for modification that he filed in December, 2010, based upon the departure of one of the parties' children from Plaintiff's residence.' Defendant's exceptions state the following: 1. The Support Master erroneously recommended that Defendant's Petition for Modification filed on 13 September 2010 be dismissed. 2. The Support Master erroneously recommended that the modification of the support order not be effective 13 September 2010. 3. The Support Master erroneously failed to consider the substantial payments Defendant makes, in the form of mortgage payments, real estate taxes, and home owners insurance, to preserve the marital residence which is still held in the joint names of Plaintiff and Defendant. 4. The Support Master erroneously failed to recommend a downward adjustment in the Defendant's support payment because of the substantial costs he pays to preserve the marital residence. 5. The Support Master erroneously failed to recommend that the support ord er be paid in two parts, the first one for a monthly payment based upon Defendant's monthly salary and the second portion of the order being a percentage of any bonus or commission payments Defendant receives, net of mandatory tax withholdings.2 1 Support Master's Report and Recommendation, filed January 18, 2011. 2 Defendant's Exceptions to Report of Support Master, filed January 25, 2011. For the reasons stated in this opinion, Defendant's exceptions will be dismissed and the interim order of court dated January 18, 2011,3 issued in accordance with the support master's report and recommendation, will be entered as a final order. STATEMENT OF FACTS Plaintiff is Anita M. Frank, who lives on Brook Meadow Drive in Mechanicsburg, Cumberland County, Pennsylvania.4 Defendant is Timothy P. Wilkinson, who lives on Signal Hill Drive, in Mechanicsburg, Cumberland County, Pennsylvania.5 Although not expressly of record, it would appear that the parties are still married.6 The parties are parents of Blake M. Wilkinson (d.o.b. October 2, 1992) and Tia M. Wilkinson (d.o.b. Nov. 28, 1995)7 . A complaint for spousal and child support was filed by Plaintiff on June 23, 2008,8 and several orders for spousal and child support against Defendant followed.9 On June 14, 2010, as the result of a stipulation of the parties,10 an order for spousal and child support was issued in which Defendant was directed to pay monthly $3,721.00 in spousal support and $2,445.00 in child support ($1,222.50 for each child)." The order was apparently intended by the parties to eliminate a prior guideline deviation in Defendant's favor. 12 3 Interim Order of Court, January 18, 2011 (Masland, J.). 4 N.T. 27, Support Master's Hearing, January 13, 2011 (hereinafter N.T. ?. ' N.T. 4. 6 See Complaint for Support, filed June 23, 2008; see also Support Master's Report and Recommendation, ¶3, filed January 18, 2011. ' N.T. 3. ' Complaint for Support, filed June 23, 2008. 9 See, e.g., Order of Court, October 20, 2010 (Masland, J.); Order/Notice to Withhold Income for Support, January 19, 2011 (Masland, J.). 10 Stipulation, filed June 14, 2010. 11 Order of Court, June 14, 2010. 12 See Plaintiffs Brief in Opposition to Defendant's Exceptions to the Support Master's Recommendation, at 3; Brief of Defendant in Support of Exceptions to Support Master's Recommendations, at 2. 2 On September 13, 2010, Defendant filed a petition for modification of the order, alleging that his "income [as a salesperson for Dell, Inc., 13 had] declined significantly since June 2010."14 However, at a Support Master's hearing held on January 13, 2011, the evidence tended to show that (a) Defendant's gross monthly income from January 1, 2010, through June 11, 2010, had averaged $18,820.00 per month ,15 (b) this period of the year traditionally represented a "low cycle" in terms his earning capacity, 16 and (c) his gross income from June 12, 2010, through October 15, 2010, had averaged about $17,000.00 per month. 17 In addition, the evidence showed that, through a refinancing facilitated by the parties' aforesaid stipulation on June 14, 2010, Defendant had been able to reduce his payments related to the jointly-owned marital residence (where he continued to reside18) by about $1,750.00 per month.19 As a result, in terms of expenses pertaining to this residence, Defendant testified that he paid $3,931.71 per month on a mortgage, home equity loan, and taxes and insurance, 20 as compared to an earlier figure of $5,675.00.21 On December 20, 2010, Defendant filed a second petition for modification, alleging that the parties' son had not resided with Plaintiff since October 25, 2010, that Plaintiff had not reported that fact to either Defendant or the Domestic Relations Office, and that it was "improper for Defendant to pay support to the Plaintiff for the child when he [was] not residing in her home."22 At the aforesaid support master's hearing, which " N.T. 7. 14 [Defendant's] Petition for Modification of an Existing Support Order, ¶2, filed September 13, 2010 is N.T. 22. "N.T. 22-23. " N.T. 23. 18 N.T. 12; see Complaint for Support, 13, filed June 23, 2008; N.T. 4. 19 N.T. 24-25. 20 N.T. 12-13; see Defendant's Exhibit 4, admitted at Support Master's Hearing, January 13, 2011 (hereinafter "Def.'s Ex. 2' N.T. 24. 22 [Defendant's] Petition for Modification of an Existing Support Order, filed December 20, 2010. 3 was held on both petitions, the evidence tended to support a conclusion that the parties' son, although still in high school, had moved out of Plaintiff's residence as of November 13,2011. 23 With further regard to Defendant's income, it appeared at the hearing that Defendant's gross earned income for calendar year 2010 from salary, commissions, bonuses, and holiday and vacation pay had been in excess of $197,000.00.24 Commissions, paid a month following accrual,25 comprised about 35% of this amount.26 In the first half of the year, this commission percentage had been about 37%,27 and in the second half it had been about 33%.28 Defendant testified that his income had decreased "over a third year-over-year from 2009 to 2010,"29 because he had "not achieved [his] sales objectives and brought in the sales to [his] company in order to get the compensation that [he] had before."30 By contrast, Plaintiff's gross yearly earned income was about $15,270.00.31 As previously noted, the Cumberland County Support Master issued a report recommending that Defendant's petition for modification filed less than three months after entry of the support order dated June 14, 2010, and premised upon a "significant decline" in his income since entry of that order, be dismissed, and that Defendant's subsequent petition, premised upon the departure of the parties' son from Plaintiffs residence, be granted effective November 13, 2010.32 In recalculating the support 23 N.T. 6 (stipulation of counsel), 28. 24 N.T. 10. "See N.T. 8. 26 See Def's Ex. 1, 3. 27 See Def.'s Ex. 1. 28 See Def's Ex. 3. 29 N.T. 11. 30 N.T. 11. 3' N.T. 30; Plaintiff s Exhibit 5. 32 Support Master's Report and Recommendation, filed January 18, 2011. 4 obligations of Defendant as of November 13, 2010, the master gave Defendant the benefit of a reduced net monthly income figure of $11,248.73, as well as the removal of the son as an object of support. 33 Defendant's total monthly spousal/child support obligation decreased under the recommendation from $6,241.0034 to $3,574.00.35 An interim order of court in accordance with the Support Master's recommendations was issued on January 18, 2011.36 Defendant's aforesaid exceptions to the report were filed on January 25, 2011.37 DISCUSSION A party seeking to modify a support order must demonstrate that a material and substantial change of circumstances has occurred since the entry of the immediately preceding order. 38 In the present case, the slight decline shown in Defendant's monthly gross income between June 14, 2010, and September 13, 2010, did not support the premise of Defendant's first petition that his income "ha[d] declined significantly since June 2010." Accordingly, the Support Master correctly recommended a dismissal of that petition, and correctly recommended that any change in the support order be made effective as of the event which predicated Defendant's second petition-the departure of the parties' son from Plaintiff's residence. Under Pennsylvania Rule of Civil Procedure 1910.16-6(e), it is "assume[d] that the spouse occupying the marital residence will be solely responsible for the mortgage payment, real estate taxes, and homeowners' insurance." However, [i]f the obligor is occupying the marital residence and the mortgage payment exceeds 25% of the obligor's monthly net income (less any amount of spousal support, alimony 33 Support Master's Report and Recommendation, Exhibits "A" and "B," filed January 18, 2011. 34 Order of Court, June 14, 2010. 35 Support Master's Report and Recommendation, filed January 18, 2011. 36 Interim Order of Court, January 18, 2011 (Masland, J.). 37 Defendant's Exceptions to Report of Support Master, filed January 25, 2011. 38 See Mackay v. Mackay, 2009 PA Super 219, 984 A.2d 529, 537; Samii v. Samii, 2004 PA Super 108, 847 A.2d 691, 695. 5 pendent lite or child support the obligor is paying), the court may make an appropriate downward adjustment in the obligor's support obligation.39 In this case, given the enormous disparity in the parties' earned incomes, the court in the exercise of the discretion afforded it under the Rule would not deviate from the general rule that the party occupying the residence-the Defendant-should be paying the expenses related to it. Finally, even if it is assumed that Defendant argued to the Support Master that the amount of Defendant's periodic support payments should fluctuate in accordance with the fluctuation of the commission component of his paycheck,40 the court is not persuaded that such an arrangement would be advisable. Factors militating against adoption of Defendant's position in this regard include the fact that (a) from one half-year to the next the commission percentages of his income appear to be relatively stable, (b) obvious burdens would be imposed upon enforcement and collection authorities by such a mutating payment schedule, (c) Plaintiff would not have the benefit of income predictability from the arrangement, and (d) a certain disincentive for an obligor to be more productive would seem to be built into such a system. For the foregoing reasons, the court is of the view that the Support Master correctly analyzed this case, and his Report is adopted by the court as its own. ORDER OF COURT AND NOW, this 26th day of April, 2011, upon consideration of Defendant's Exceptions to Report of Support Master, and for the reasons stated in the accompanying opinion, the exceptions are dismissed and the Interim Order of Court issued January 18, 2011, is entered as a final order. " Pa. R.C.P. 1910.16-6(e) (emphasis added). ao The transcript of the Support Master's hearing does not imply such an argument. However, the arguments of counsel following the hearing were not of record. See N.T. 40. 6 BY THE COURT, s/ J. Wesley Oler, Jr. J. Wesley Oler, Jr., J. Samuel L. Andes, Esq. P.O. Box 168 Lemoyne, PA 17043 Attorney for Plaintiff Steven Howell, Esq. 619 Bridge Street New Cumberland, PA 17070 Attorney for Defendant 7 ANITA WILKINSON, PLAINTIFF VS. TIMOTHY WILKINSON, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007 - 3809 DIVORCE CIVIL ACTION - LAW ORDER OF COURT AND NOW, this Zn day of 2011 it is hereby ORDERED that a RULE is issued upon the Defendant Timothy Wilkinson to show cause why the requested relief should not be granted. Rule Returnable within Z c days of service by postage prepaid United States Mail upon the Defendant's counsel of record. Certified Copies To: ? Steven Howell, Esquire (Plaintiffs Counsel) Howell Law Firm 619 Bridge Street New Cumberland, PA 17070 ? Samuel L. Andes, Esquire (Defendant's Counsel) P.O. Box 168 Lemoyne, PA 17043-0168 Apies q °j c? C= r--$ ? cn pl Fri M C r- o C BY THE COURT: ANITA WILKINSON PLAINTIFF, VS. TIMOTHY WILKINSON, DEFENDANT, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-3809 CIVIL ACTION - LAW IN DIVORCE STATEMENT OF INTENTION TO PROCEED TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please mark this case active as the Plaintiff intends to proceed relative to the above referenced matter. By: Date: October 22, 2014 Steve ' owell, squire H • ell Law Firm 619 Bridge Street New Cumberland, PA 17070 (717) 770-1277 Supreme Court ID 62063 Attorney for Plaintiff