Loading...
HomeMy WebLinkAbout03-4193PETER M. GDULA Plaintiff V. COURTNEY GENISE-GDULA Defendant IN THE COURT OF COI-940K PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02- 44193 CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you 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, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY PROTHONOTARY ONE COURTHOUSE SQUARE CARLISLE PA 17013 (717) 240-6195 h ? p w? 'n ?;? ? ._i (Ti f?? ,? ??1 T: `mot ` rv ;,: &; .' ti?. -' ? -? ?? _ 1, _ , _. A •- -? PETER M. GDULA Plaintiff V. COURTNEY GENISE-GDULA Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 93- 441 4i 7 CIVIL ACTION - LAW IN DIVORCE COMPLAINT UNDER SECTION 3301(C) OR 3301(D) OF THE DIVORCE CODE AND NOW, comes the above-named Plaintiff, Peter M. Gdula, by his attorney, Mark A. Mateya, Esquire and seeks to obtain a Decree in Divorce from the above-named Defendant upon the grounds hereinafter more fully set forth: 1. Plaintiff is Peter M. Gdula, an adult individual who currently resides at 117 Pine Road, Mt. Holly Springs, Cumberland County, Pennsylvania 17065. 2. Defendant is, COURTNEY GENISE-GDULA, an adult individual who currently resides at 100 North 20"' Street, Camp Hill, Cumberland County, Pennsylvania, 17011. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on June 20, 1981, in Omaha, Nebraska. 5. There have been no prior actions of divorce or for annulment of marriage between the Parties in this or any other jurisdiction. 6. The marriage is irretrievable broken. 7. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. 8. Plaintiff requests the Court to enter a Decree of Divorce. Respectfully submitted, Mark A. Mateya, Esquire Attorney I.D. No. 78931 407 North Front Street Harrisburg, PA 17108 (717) 238-7151 Attorney for Plaintiff Date: n?i GP`J r s? r w ? L ; U w Qs? VERIFICATION I, PETER M. GDULA, verify that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statement herein are subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. I 'L Date: /2, >??O3 V31z:1 L? Peter M. Gduia PETER M. GDULA, Plaintiff/Respondent V. COURTNEY GENISE-GDULA, Defendant/Petitioner CIVIL ACTION - LAW NO. 2003-4193 CIVIL TERM IN DIVORCE PETITION FOR ALIMONY PENDENTE LITE AND NOW, comes Courtney Genise-Gdula, by and through her attorneys, IRWIN, McKNIGHT & HUGHES, and petitions this Honorable Court as follows: 1. The Petitioner is Courtney Genise-Gdula who currently resides at 100 North 201h Street, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The Respondent is Peter M. Gdula who currently resides at 117 Pine Road, Mt. Holly Springs, Cumberland County, Pennsylvania 17065. 3. Petitioner and Respondent were married on June 20, 1981, in Omaha, Nebraska, and were separated on February 23, 2002. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 4. Petitioner is without the ability to earn income sufficient to meet her reasonable needs. WHEREFORE, Petitioner, Courtney Genise-Gdula, respectfully requests that this Honorable Court order alimony pendente lite in an amount equal to the Pennsylvania State Support Guidelines. Respectfully submitted, IRWIN, MGI(NIGHT & By: Marcus A{ McKnight, Esq rew 60 West Pomfret Street Carlisle, PA 17013 Supreme Court I.D. No: 25476 (717) 249-2353 Attorney for the Petitioner Courtney Genise-Gdula Date: September 15, 2003 2 VERIFICATION The foregoing document is based upon information which has been gathered by 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 unworn falsification to authorities. C CO TNEY GE E-GDULA Date: September 15, 2003 CJ w-: ,- . ?.? ?, 1 J r . .. =?( .. ?r`rl 7 ' __. 1 O -? PETER M. GDULA, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION DIVORCE NO. 2003-4193 CIVIL TERM COURTNEY GENISE-GDULA, IN DIVORCE Defendant/Petitioner Paeses# 230105856 ORDER OF COURT AND NOW, this 6`h day of October, 2003, 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 November 10, 2003 at 9:00 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11© (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, George E. Hoffer, President Judge Mail copies on Petitioner 10-6-03 to: < Respondent Marcus McKnight, Esquire Mark Mateya, Esquire - _? Date of Order: October 6, 2003 ?R. J.Oadda , Conference Officer / 1i 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 C) C-) C, C- w r ,-, - ZLJ 73 r4 F' ?', ??- C _ N I . .. ?1 PETER M. GDULA Plaintiff V. COURTNEY GENISE-GDULA Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-4193 . CIVIL ACTION - LAW . IN DIVORCE AFFIDAVIT OF SERVICE AND NOW, this 4th day of November, 2003, comes Mark A. Mateya, Esquire, Attorney for Plaintiff, who, being duly sworn according to law, deposes and says that: 1. A Complaint for Divorce was filed. to the above term and number on August 26, 2003. 2. On August 28, 2003, a certified copy of the Complaint was served upon the Defendant by Certified Mail, Restricted Delivery. 3. On or about September 2, 2003, Plaintiff's counsel received the Return Receipt of the Certified Mail acknowledging receipt of the Divorce Complaint. A copy of the Return Receipt is attached hereto as Exhibit 'A' and is incorporated herein. 4. On August 28, 2003, Plaintiff's counsel sent a certified copy of the Divorce Complaint to the Defendant byway of U.S. First Class Mail, postage prepaid. A copy of the Certificate of Mailing is attached hereto as Exhibit 'B' and is incorporated herein. Mark A. Mateya, Esquire Attorney I.D. No. 78931 407 North Front Street Harrisburg PP, 17101 (717) 238-7151 Attorney for Plaintiff ° IX°? MIV ?? ? r "dt r`wu 7 0 P age r,3 i .Jp ( Z? F2 NIETEfi C3 ?. ?? .i 613042 rY ru Certified Fee Return Recelpt Fee Postmark r-1 (Endorsement Required) /• ?? Here C3 Restricted Delivery Fee ° (Endorsement Required) 3. 50 r? ° Total Postage 11, Faes $ ? 9 S I ent a outTIV? ,E sE _ n Street. Apt. ltlo .: ............1r ------ ._N- -.....---.-i ;,-? C3 ,u?i."......"". or PO Box No. /00 /?I ox 6// mot. --"-'----- ------"-?--/a? 171 Qm.O !?y/1 P4 ?.5 innll - -b corm 3UUU, January 2001 See Reverse for Instructions, SENDER: • Complete its 1 and/or 2 for additional services. • • Complete its 3, 4a, and 4b, e Print your na and address on the reverse of this Conn so that we can return this wrd to you. • Attach this fop to the front of the mailpiece, or on the back if space does not permit. • write "R t i - e urn :The Return R ece pt Requested on the mailpiece below the article number. eipt will show to whom the article was delivered and the date delivered. 3. Article A eased toq: 12ou,tT Fy b w5e-9DaLA Do nl RTl{ a o 'tk 59, CAMP f{/LL AA. l7o i/ 5.R e ived : (Print Na ) 6. Signature: Add essee o Agent) a X C'o `-' PS Form 381 , December 1994 I also wish to receive the following services (for an extra fee): 1. ? PEtIngs-see's Address 2. Restricted Delivery Consult postmaster for fee. fS t, 4b. Service Type ? Registered C Certified E3 Express mail IZA cured g ? Return Re?ceip or ll? rchandis D 7. Date of Deli ry 3 ?0 e ? C- 2 8. Addressee's (Only i eq Steil and fee is pai 102595-98-e-02 Domestic Return Receipt U.S. POST LSERVICE CERTIFICF MAY BE USED FOR DOMESTIC AND INTERNATIONAL PROVIDE FO INSURANCE-POSTMASTER RmeNea m: /I')A /r Q 97,E yo ?v. F,eo+?T sT. ,SIAM isdaje s PA. One plat of ordinary mail a reasea m: NE F. sE - ?Jo.eT ao CAPIP AiLL A PS Form 3 17, January 2001 )F MAILING ****** DOES NOT w -Ia N o wo ,n Q7 W ~^ m sS.? F ? ILL. 7YT# x+ _ J N rA 4 N Z ? o =_R c 17 ? pa p lz? C? W ?0 9J -?9 3 ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania XQ Original order/Notice Co./City/Dist. of CUMBERLAND O Amended Order/Notice Date of Order/Notice 11/10/03 O ATerminate mended Ord /Notice Tribunal/Case Number (See Addendum for case summary) RE: GDULA, PETER M. Employer/Withholder's Federal EIN Number Employee/Obligor's Name (Last, First, MI) 180-48-0346 Employee/Obligor's Social Security Number SOUTH MIDDLETON SCHOOL DISTRI 2398101220 4 FORGE RD Employee/Obligor's Case Identifier BOILING SPRINGS PA 17007-9444 (See Addendum for plaintiff names associated with cases on attachment) /i I Custodial Parent's Name (Last, First, MI) 14yosFS o7 /1) 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. $ 671.00 per month in current support $ 29 . oo per month in past-due support Arrears 12 weeks or greater? Oyes ® no $ 0.00 per month in medical support $ o . 00 per month for genetic test costs $ per month in other (specify) for a total of $ 700.00 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: $ 161 54 per weekly pay period. $ 323 o8 per biweekly pay period (every two weeks). $ _ 350 oo per semimonthly pay period (twice a month). $ 700. oo per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #10 on pg. 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR. SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BYMAIL s? BYTHEC T: Date of Order: NOV 1 2 2003 \ G Cd l_ Form EN-028 Type p7 OMB No.: 0910A154 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? I heckl you are required to provide a copy of this form to your mployee. If yoVr employee works in a state that is ii erent from the state that issued this order, a copy must be proviSed to your employee even if the box is not checked. 1. We appreciate the voluntary compliance of Federally recognized Indian tribes, tribally-owned businesses, and Indian-owned businesses located on a reservation that choose to withhold in accordance with this notice. 2. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 3. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 4.* payeate/date of withholdi. ======== 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. 5.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order,'Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #10 below) 6. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. WITHHOLDER'S ID: 2360042290 EMPLOYEE'S/OBLIGOR'S NAME: GDULA. PETER M. EMPLOYEE'S CASE IDENTIFIER: 2398101220 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 7. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 8. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the 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. 9. 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. 10.* Withholding Limits: You may not withhold more than the lesser of. 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.C. §1673 (b)1; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. 11. Additional Info: * NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. Submitted By: If you or your employee/obligor have any questions, DOMESTIC RELATIONS SECTION contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST by telephone at (717) 240-6225 or P.O. BOX 320 by FAX at (717) )40-6248 or CARLISLE PA 17013 by internet www.childsupport.state.pa.us Service Type M Page 2 of 2 Form EN-028 OMB NO.: 0970-0154 WorkerlD $IATT ADDENDUM Summary of Cases on Attachment DefendanUobligor: GDULA, PETER M. PACSES Case Number 230105856 Plaintiff Name COURTNEY GENISE-GDULA Docket Attachment Amount 03-4193 CIVIL$ 700.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the ernployee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available identified above in any health insurance coverage available through the employee's/obligor's employment. through the ernployee's/obligor's employment. Addendum Form EN-028 Service Type M Worker ID $IATT OMB No.: 09J0-0154 ? a ??; '- ? L r (!? p. - ? ? i J ?? ? ? ?L; .„r ?- A i'? 'n .V.:? G. _? _.4: j `_. ?Q ± T ? _ l? w` tD =< PETER M. GDULA, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. CIVIL TERM COURTNEY GENISE-GDULA, IN DIVORCE Defendant/Petitioner Pacses# 230105856 ORDER OF COURT AND NOW, this 10`h day of November, 2003, based upon the Court's determination that Petitioner's monthly net income/eaming capacity is $1,032.51 and Respondent's monthly net income/earning capacity is $2,712.05, it is hereby Ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit, $700.00 per month payable monthly as follows; $671.00 for alimony pendente lite and $29.00 on arrears. First payment due next pay date @323.08 bi-weekly. Arrears set at $1,342.00 as of November 10, 2003. The effective date of the order is September 23, 2003 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 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: Courtney Genise-Gdula. 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 defendant's PACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. Unreimbursed medical expenses that exceed $250.00 annually are to be paid 0% by the respondent and 100% by petitioner. The petitioner is responsible to pay the first $250.00 annually in unreimbursed medical expenses. Respondent to provide medical insurance coverage. Within thirty (30) days after the entry of this order, the Respondent shall submit written proof that medical insurance coverage has been obtained or that application for coverage has been made. Proof of coverage shall consist, at a minimum, of: 1) the name of the health care coverage provider(s); 2) any applicable identification numbers; 3) any cards evidencing coverage; 4) the address to which claims should be made; 5) a description of any restrictions on usage, such as prior approval for hospital admissions, and the manner of obtaining approval; 6) a copy of the benefit booklet or coverage contract; 7) a description of all deductibles and co-payments; and 8) five copies of any claim forms. This Order shall become final ten days 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. DRO: R. J. Shadday BY THE COURT, Mailed copies on Petitioner I1-12-03 to: < Respondent _ Marcus McKnight, Esquire Mark Mateya, Esquire ? (?? 1 G Edgar B. Bayley J. G c.? _ vrx? Enrr ? cn c•. K C.. ?v ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Original Order/Notice Co./City/Dist. of CUMBERLAND O Amended Order/Notice Date of Order/Notice 11/10/03 O Terminate Order/Notice Tribunal/Case Number (See Addendum for case summary) RE: GDULA, PETER M. Employer/Withholder's Federal EIN Number Employee/Obligor's Name (Last, First, MI) USF GLEN MOORE TRANSPORT C/O ATTN: PAYROLL 1711 SHEARER DR PO BOX 760 CARLISLE PA 17013-0760 U1, Inc 3 - y/ 93 ??,//rL PNcs?s aaciosFlso 180-48-0346 Employee/Obligor's Social Security Number 2398101220 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, Ml) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 671.00 per month in current support $ 29. oo per month in past-due support Arrears 12 weeks or greater? Dyes ® no $ o.00 per month in medical support $ o . oo per month for genetic test costs $ per month in other (specify) for a total of $ 700.00 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: $ 161.54 per weekly pay period. $ 323 . oe per biweekly pay period (every two weeks). $ 35o. go per semimonthly pay period (twice a month). $ 700. oo per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information i needed (See #10 on pg. 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. -7 11 1. DO NOT SEND CASH BY MAIL. B"" .tom BY THE t2v Date of Order: NOV 1 2 2403 6,9yct:?y ?D E Form EN-028 Service Type m OMB No, 0970-0154 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? If heckl you are required to provide a opy of this form to your. m loyee. If yo r employee works in a state that is difgferent from the state that issued this or?er, a copy must be provic?ec?to your employee even if the box is not checked. 1. We appreciate the voluntary compliance of Federally recognized Indian tribes, tribally-owned businesses, and Indian-owned businesses located on a reservation that choose to withhold in accordance with this notice. 2. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tai levies in effect please contact the requesting agency listed below. 3. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 4.* Reporting the Paydate/Date of Withholding. You rimst report the pavd.te/date of withholding when sending the payfflent. The paydate/date of Mthholding is the date on vvhich amount nat- e'swages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 5.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employeelobligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #10 below) 6. Termination 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. WITHHOLDER'S ID: 2324437600 EMPLOYEE'S/OBLIGOR'S NAME: GDULA, PETER M. EMPLOYEE'S CASE IDENTIFIER: 2398101220 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 7. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 8. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the 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. 9. Antidiscrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 10.* Withholding Limits: You may not withhold more than the lesser of. 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.C. §1673 (b)1; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. 11. Additional Info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. Submitted By: If you or your employee/obligor have any questions, DOMESTIC RELATIONS SECTION contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST by telephone at (717) 240-6225 or P.O. BOX 320 by FAX at (717) 240-6248 or CARLISLE PA 17013 by internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Service Type M OMB No.: 09701 54 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: GDuLA, PETER M. PACSES Case Number 230105856 Plaintiff Name COURTNEY GENISE-GDULA Docket Attachment Amount 03-4193 CIVIL$ 700.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. ? If checked, you are required to enroll the child(ren) ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available identified above in any health insurance coverage available through the employee's/obligor's employment. through the employee's/obligor's employment. Addendum Form EN-028 Service Type M Worker ID $IATT OMB No.: 09)0-0154 C .? Q cr, -gym ! L_ .. .. _GG ? O - G ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT O Original Order/Notice State Commonwealth of Pennsylvania Co./City/Dist. Of CUMBERLAND O Amended Order/Notice Date of Order/Notice 11/14/03 xQ Terminate Order/Notice Tribunal/Case Number (See Addendum for case summary) RE: GDULA, PETER M. EmployerM/ithholder's Federal EIN Number Employee/Obligor's Name (Last, First, MI) 180-48-0346 Employee/Obligor's Social Security Number SOUTH MIDDLETON SCHOOL DISTRI 2398101220 4 FORGE RD Employee/Obligor's Case Identifier BOILING SPRINGS PA 17007-9444 (See Addendum for plaintiff names associated with cases on attachment) Z?l Custodial Parent's Name (Last, First, MI) ACSF (? 0/OS? 5? See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ o . oo per month in current support $ o . 00 per month in past-due support Arrears 12 weeks or greater? O yes ® no $ 0.00 per month in medical support $ 0.00 per month for genetic test costs $ per month in other (specify) for a total of $ 0.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ o. o0 per weekly pay period. $ 0.00 per biweekly pay period (every two weeks). $ o. oo per semimonthly pay period (twice a month). $ o. oo per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #10 on pg. 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BYMAIL P. __ INOV 1 7 20017 " -- Date of Order: Service Type M OMB No, 097"154 (p" t5. 319 lost Form FN-028 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? Ifhhecke you are required to provide a Copy of this form to your ymployee. If your employee works in a state thatkis di event rom the state that issued this o er, a copy must be provided to your employee even if the box is not chec ed. 1. We appreciate the voluntary compliance of Federally recognized Indian tribes, tribally-owned businesses, and Indian-owned businesses located on a reservation that choose to withhold in accordance with this notice. 2. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 3. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 4. 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. 5.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #10 below) 6. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. WITHHOLDER'S ID: 2360042290 EMPLOYEE'S/OBLIGOR'S NAME: GDULA, PETER M. EMPLOYEE'S CASE IDENTIFIER: 2398101220 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 7. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 8. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the 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. 9. 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. 10.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.C. §1673 (b)1; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. 11. Additional Info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. Submitted By: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 If you or your employeelobligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Service Type M Page 2 of 2 OMB No.: 0970-0154 Form EN-028 Worker ID $IATT C :,:i rnr; ?: as rc 9 ???_ - ` r W =i aO ? ._ ? i ? c. ,_... PETER M. GDULA : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2003-4193 COURTNEY GENISE-GDULA : CIVIL ACTION - LAW Defendant : IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Peter M. Gdula, Plaintiff, by and through his attorney, Mark A. Mateya, Esquire, moves This Honorable Court appoint a master with respect to the following claims: (X) Divorce ( ) Annulment (X) Alimony ( ) Alimony Pendente Lite (X) Distribution of Property ( ) Support ( ) Counsel Fees ( ) Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims for which the appointment of a master is required; (2) Defendant, Courtney Genise-Gdula, is represented in this action by Marcus McKnight, Esquire. (3) The statutory grounds for divorce are 23 Pa.C.S. section 3301(d). (4) The action is contested with respect to the following claims: divorce, equitable distribution of the parties' marital property, alimony, and distribution of property. (5) The action involves complex issues of fact. (6) The hearing is expected to take one day. (7) Plaintiff, Peter M. Gdula, filed a complaint in divorce on August 26, 2003. For a period of twenty (20) months, the parties have negotiated in an attempt to amicably resolve the claims at issue. Said negotiations have proven unsuccessful. WHEREFORE, Plaintiff, Peter M. Gdula, respectfully requests that This Honorable Court appoint a master with respect to his claim for divorce, equitable distribution of the parties' marital property, alimony, and distribution of property. Respectfully submitted, Mark A. Mateya, quire P.O. Box 127 Boiling Springs, PA 17007 (717) 241-6500 (717) 241-3099 Fax Attorney for Plaintiff Date: 2 VERIFICATION I, Peter M. Gdula, verify that the facts set forth in the foregoing Motion for Appointment of Master are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. § 4094, relating to unsworn falsification to authorities. DATED: q /(' / e' Peter M. Gdula PETER M. GDULA : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2003-4193 COURTNEY GENISE-GDULA : CIVIL ACTION - LAW Defendant : IN DIVORCE List of all assets which specifies: A. The marital assets, their value, the date of the valuation, whether any portion of the value is non-marital and any liens, or encumbrances thereon. 1. Real estate located at 117 Pine Road, Mt. Holly Springs, PA has been sold and the proceeds thereof have been equally distributed between the parties. B. The non-marital assets, their value, the date of the valuation, and any liens or encumbrances thereon. None The name and address of each expert whom the party intends to call at trial as a witness. None 3. The name, address and a short summary of the testimony of each person, other than a party, whom the party intends to call at trial as a witness. None 4. 5. A list of all exhibits which the party expects to offer in evidence, each containing an identifying mark. The party's gross income from all sources, each payroll deduction and the party's net income, including the party's most recent state and federal income tax returns and pay stubs. Included herein is a recent pay stub from Plaintiff's employer and his pension payment from the U.S. Military. Plaintiff will provide whatever additional income information is necessary. 6. If a party intends to offer any testimony as to his or her expenses, a current expense statement in the form required by the practice and procedure governing an action in support. The value of a pension or retirement benefit, the marital portion thereof, and the facts and documentation upon which the party relies to support the valuation. If there is a claim for counsel fees, the amount of fees to be charged, the basis for the charge and a detailed itemization of the services rendered. 9. The description and value of any items of tangible personal property, the method of evaluating each item, and the evidence, including documentation, to be offered in support of the valuation. 10. A list of marital debts, including the amount of each debt as of the date of separation, the date on which the debt was initially incurred, the initial amount of the debt and its purpose, the amounts and dates of payments made since the date of separation, and the evidence that will be offered in support of the claim. 11. A proposed resolution of the economic issues: A. An appropriate Qualified Domestic Relations Order is drafted regarding the Plaintiffs U.S. Military Pension. ASSETS OF THE PARTIES Real Property - Husband and Wife has sold the marital real estate and the proceeds divided equally between the parties. 2. Motor Vehicles - Husband shall retain the 1995 Saturn; Wife was in the possession of a 1992 Saturn which has recently been traded for a newer vehicle. Plaintiff is unaware of the current make and model in Defendant's possession. 3. Stocks, bonds, securities and options Plaintiff - None Defendant - Stocks and Bonds 4. Certificates of Deposit Plaintiff - None Checking Accounts, cash Plaintiff - Checking account (Federal Credit Union) 6. Savings Accounts, money market and savings certificates Plaintiff - Savings Account (Federal Credit Union) Contents of safe deposit box Plaintiff does not have a safety deposit box 8. Trusts Plaintiff is not the recipient or owner of any Trusts. 9. Life insurance policies (indicate face value, cash surrender value and current beneficiaries) Plaintiff has one life insurance policy through the U.S. Military. The value of the insurance policy is The beneficiary of the life insurance proceeds is 10. Annuities Plaintiff - None 11. Gifts Plaintiff - None 12. Inheritances Plaintiff - None 13. Patents, copyrights, inventions, royalties Plaintiff - None 14. Personal property outside the home Plaintiff - None 15. Business (list all owners, including percentage of ownership, and officer/director positions held by a party with company). Plaintiff - None 16. Employment termination benefits - severance pay, worker's compensation claim/award Plaintiff - None 17. Profit sharing plans Plaintiff - None 18. Pension plans (indicate employee contribution and date plan vests) Plaintiff- U.S. Military 19. Retirement plans, individual retirement accounts 20. Disability payments Plaintiff - None 21. Litigation claims (matured and unmatured) Plaintiff - None 22. MilitaryN.A. Benefits Plaintiff is eligible for MilitaryN.A. Benefits 23. Education benefits No benefits are eligible or have been received by the Plaintiff or Defendant. 24. Debts due, including loans, mortgages held Plaintiff - shall assume all liability for and pay and indemnify the Defendant against any of her individual debts as well as the joint obligations on the marital residence. Defendant - Shall assume all liability for and pay and indemnify the Plaintiff against any of his individual debts. 25. Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute) 26. Other MARITAL PROPERTY List all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced: Description of Propert y Name of all Owners Real Estate located at 117 Pine Road Pete Gdula and Mt. Holly Springs, PA 17065 Courtney Genise-Gdula NON-MARITAL PROPERTY List all property in which a spouse has a legal or equitable interest which is claimed to be excluded from marital property: Description of Property Reason for Exclusion PROPERTY TRANSFERRED Description of Propert y Date of Transfer Consideration Person to Whom Transferred LIABILITIES Description of Propert y Names of all Creditors Names of all Debtors ? ? i ? ' r' n ?'1 <. -i r-n I _ [7 ? ? N ', f l _ _.. _, : n c?:? sr "zi ?.. ?c PETER M. GDULA, Plaintiff V. COURTNEY GENISE-GDULA, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2003 - 4193 CIVIL TERM IN DIVORCE PLAINTIFF'S AFFIDAVIT OFCONSENT A complaint in divorce under Section 3301(c) or 3301(d) of the Divorce Code was filed on August 26, 2003 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. I consent to the entry of a final decree in divorce. 4. 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 made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Date: 7 3 O S- PETER M. GDULA Plaintiff r r 0-1 r f'7 GO PETER M. GDULA, V. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2003 - 4193 CIVIL TERM COURTNEY GENISE-GDULA, Defendant IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT A complaint in divorce under Section 3301(c) or 3301(d) of the Divorce Code was filed on August 26, 2003. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. I consent to the entry of a final decree in divorce. 4. 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 made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Date: , CC'//,,,,,cQ - c°J , COURTNEY GENISEGDULA Defendant C 7 J, T T G h?%; t :?' ?G Uti ?,? , ` -1' ?G_ "_ '.r1,1 -^' ` iI ;= C- r ? srNY... u ?i,. PETER M. GDULA, Plaintiff V. COURTNEY GENISE-GDULA, Defendant IN THE COURTOF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2003 - 4193 CIVIL TERM IN DIVORCE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. Date: -- PETER M. GDULA Plaintiff r, ? o C" p u T -T, t ? 'R 1 i r m t' 1 U'+ 7 i r { E PETER M. GDULA, V. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2003.4193 CIVIL TERM COURTNEY GENISE-GDULA, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: au,H 13 C ("Ctrl i ?-'1'd,-; , COURTNEY GENISE-GDULA Defendant try.. S L ? ' 'r` 'cam z> C r.- _? CO PETER M. GDULA, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. N0. 03 - 4193 CIVIL COURTNEY GENISE-GDULA, Defendant IN DIVORCE ORDER OF COURT AND NOW, this day o 2006, the economic claims raised in the proceedings having been resolved in accordance with a marriage settlement agreement dated January 18, 2006, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, Edgar B. Bayley; P.6--. cc: Mark A. Mateya Attorney for Plaintiff Marcus A. McKnight, III Attorney for Defendant (_:. MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made this 06r4' day of January 2006, by and between COURTNEY GENISE-GDULA, (hereinafter referred to as "WIFE") and PETER M. GDULA, (hereinafter referred to as "HUSBAND"). WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married on June 20, 1981, in Omaha, Nebraska, and separated on February 23, 2002. HUSBAND filed a Divorce Action in Cumberland County, Pennsylvania, on August 26, 2003, docketed at 2003- 4193 Civil Term. The parties hereto agree and covenant as follows: 1. The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intent and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other. 2. The parties have attempted to divide their marital property in a manner which conforms to a just and right standard, with due regard to the rights of each party. It is the intent of the parties that such division shall be final and shall forever determine their respective rights. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. 3. Further, the parties agree to continue living separately and apart from the other at any place or places that he or she may select as they have heretofore been doing. Neither party shall molest, harass, annoy, injure, threaten or interfere with the other party in any manner whatsoever. Each party may carry on and engage in any employment, profession, business or other activity as he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere with the uses, ownership, enjoyment or disposition of any property now owned and not specified herein nor property hereafter acquired by the other. 4. The consideration for this contract and agreement is the mutual benefit to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. Each party to the Agreement acknowledges and declares that he or she, respectively: a. is represented by counsel of his or her own choosing; b. is fully and completely informed of the facts relating to the subject matter of this Agreement and of the rights and liabilities of the parties; c. enters into this Agreement voluntarily after receiving the advice of counsel; d. has given careful and mature thought to the making of this Agreement; e. has carefully read each provision of this Agreement; and f. fully and completely understands each provision of this Agreement, both as to the subject matter and legal effect. This Agreement shall become effective immediately as of the date of execution. 5. It is the purpose and intent of this Agreement to settle forever and completely the interest and obligations of the parties in all property that they own separately, and all property that would qualify as marital property under the Pennsylvania Divorce Code, Title 23, Section 3501, and that is referred to in this Agreement as "Marital Property", as between themselves, their heirs and assigns. The parties have attempted to divide their Marital Property in a manner that conforms to a just and fair standard, with due regard to the rights of each Party. The division of existing Marital Property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting a part of the marital estate. It is the further purpose of this Agreement to settle forever and completely any obligation under the Pennsylvania Divorce Code or any other law relating to the past, present and future support, alimony and/or maintenance of WIFE by HUSBAND or of HUSBAND by WIFE and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. 6. Each party represents and warrants that he or she has made a full and fair disclosure to the other of all of his or her property interests of any nature, including any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any property is subject. Each party further represents that he or she has made a full and fair disclosure of all debts and obligations of any nature for which he or she is currently liable or may become liable. Each further represents and warrants that he or she has not made any gifts or transfers for inadequate consideration of Marital Property without the prior consent of the other. Each Party acknowledges that, to the extent desired, he or she has had access to all joint and separate State and Federal Tax Returns filed by or on behalf of either or both Parties during marriage. 7. REAL ESTATE: The jointly owned real estate owned by the parties at 117 Pine Road, Mount Holly Springs, Pennsylvania has been sold and the proceeds have been equally divided. 8. DEBTS: HUSBAND shall be solely responsible for all debts solely in his own name including but not limited to personal loans, charge accounts, and credit cards. WIFE will be solely responsible for her own credit card debts. Both parties represent and warrant to the other that neither has incurred and will not incur in the future contract or incur, any debt of liability for which the other or the estate of the other might be responsible. 9. SPOUSAL SUPPORT AND ALIMONY: HUSBAND and WIFE agree that neither Husband nor Wife shall pay alimony to the other following the execution of this document. Husband and Wife agree that the payments made heretofore from Husband to Wife are controlled by the following paragraph. The parties agree that the entire amount being paid to WIFE pursuant to this paragraph is a separate maintenance periodic payment, included and intended to be included with the income of WIFE within the meaning and intent of Section 71 of the United States Internal Revenue Code of 1954 and deductible from the HUSBAND'S gross income pursuant to the provisions of Section 215 of the United States Internal Revenue Code of 1954. WIFE agrees that all said payments shall be included as income to the WIFE in her applicable tax returns and that she shall pay such taxes as may be required by reason of such inclusion. This Agreement has been negotiated and executed under the assumption that the payments for alimony to WIFE shall be deductible by HUSBAND. If, as a result of a binding determination to the contrary or because of some subsequent change in the governing law or its authoritative interpretation, the payments of any part of the payments will no longer be deductible by HUSBAND, then the sums payable by HUSBAND to WIFE under this paragraph shall be reduced by the amount of his increased tax obligation. 10. PERSONAL PROPERTY: The parties agree to the following division: HUSBAND shall receive the following items: a. All personal property in his possession. b. His bank accounts. c. Any life insurance policy. d. His employee benefits except for his military retirement will be deducted 43.4% to WIFE. WIFE shall receive the following items: a. The personal property in her current possession. b. Her bank accounts. c. Payment of 43.4% of HUSBAND's military retirement account to WIFE. WIFE hereby waives all right and title which she may have in any personal property of the HUSBAND. HUSBAND likewise waives any interest, which he has in the personal property of the WIFE. Henceforth, each of the parties shall own, have and enjoy independently of any claim or right of the other party, all items of personal property of every kind, nature and description and wherever situated, which are then owned or held by or which may hereafter belong to the HUSBAND or WIFE with full power to the HUSBAND or the WIFE to dispose of same as fully and effectually, in all respects and for all purposes as if he or she were unmarried. Notwithstanding any other provisions in this document, all property transferred hereunder is subject to the existing lien or liens set forth above. The respective transferee of such property agrees to indemnify and save harmless the other party from any claim or liability that such other party may suffer or may be required to pay on account of such lien or encumbrance. 11. AUTOMOBILES: The parties acknowledge that HUSBAND and WIFE has and shall retain sole and exclusive ownership of their own vehicles. HUSBAND shall retain sole and exclusive ownership of a certain 1995 Saturn vehicle. WIFE shall retain sole and exclusive ownership of a Saturn Ion. HUSBAND shall make no claim whatsoever relative to access to or use of the aforesaid vehicle and shall make no ownership claims of any nature whatsoever to the aforesaid vehicle from the date of execution of this Agreement forward. The parties acknowledge that HUSBAND has and shall retain sole and exclusive ownership and possession of the vehicles namely the 1995 Saturn which was originally titled in HUSBAND's name individually. WIFE shall make no claim whatsoever relative to access or to use of the aforesaid vehicle and shall make no ownership claims of any nature whatsoever to the aforesaid vehicle from the date of execution of this Agreement forward. 12. INTANGIBLE PERSONAL PROPERTY: The parties have already transferred or waived rights and interest in other intangible personal property, including their various bank accounts, credit union accounts, and the like. Each party agrees to sign any documents necessary to close any joint accounts within fifteen (15) days of signing of this Agreement. Neither party shall make any claim of any nature whatsoever against the other party relative to the financial accounts or other rights on such polices to the respective party who presently owns such policy. 13. DENTAL INSURANCE: HUSBAND agrees to continue to maintain dental insurance from Delta Dental Insurance and/or its successors for the benefit of WIFE through and including July 1, 2006. WIFE agrees to pay for any amounts not covered or reimbursed in any manner by said dental policy. The Delta Dental Insurance is Policy No. 4601 under the Enhanced Tri-Care Retiree Dental Program. 14. SUBSEQUENTLY ACQUIRED PROPERTY: HUSBAND and WIFE agree to waive and relinquish any and all rights that he or she may now have or hereafter acquire in any real or tangible personal property subsequently acquired by the other party. HUSBAND and WIFE specifically agree to waive and relinquish any right in such property that may arise as a result of the marriage relationship. 15. PENSION, RETIREMENT, AND SURVIVOR BENEFITS: HUSBAND agrees to waive, relinquish or transfer any and all of his right, title and interest he has or may have in WIFE's pension through her present or prior employment. HUSBAND hereby waives, relinquishes and transfers any and all right, title and interest he has in any present retirement account, as well as other accounts that WIFE may have in her individual name or may have secured through her present or prior employment. HUSBAND agrees to relinquish and transfer to WIFE a forty-three and four tenths (43.4%) interest in his military pension account. HUSBAND agrees to execute the proper Qualified Domestic Relations Order (hereinafter referred to as "QDRO") to effect this transfer, and incorporates the QDRO to be drafted in accordance with these terms herein by reference. HUSBAND will provide WIFE with the elective survivor benefit for his military retirement. The parties acknowledge that HUSBAND has retired from active service with the United States Air Force after performing in excess of twenty (20) years of credible military service toward retirement. By reason of his former military service, HUSBAND or "Member" now receives retirement pay which constitutes marital property. The Former Spouse will also be entitled to 43.4% of any cost of living increases received by the Member. Direct payment of the Former Spouse's share of the Member's retired pay shall be made directly by the appropriate military disbursing office to the Former Spouse. It is specifically understood that Member guarantees to the Former Spouse that he shall not merge his military pension with any other government pension nor take any action whatsoever so as to defeat the Former Spouse's right to share in the monthly military retired pay and benefits as set forth in this Agreement. Member agrees to indemnify the Former Spouse regardless of whether the Member merges his military retirement with any future government or other employment retirement at the same rate and amount that would have been paid to her in the absence of any such merger. The Former Spouse's right to receive a retirement annuity pursuant to this order shall commence immediately, and shall continue as long as the Member has a right to receive such payments, and shall terminate on the death of the Member or the Former Spouse, whichever occurs first. The parties believe that all of the statutory requirements under the Uniformed Services Former Spouses' Protection Act have been met so as to allow the Former Spouse to qualify for direct payment of her share of the Member's military retired pay from the appropriate military disbursing office. However, the Former Spouse's entitlement to receipt of her specified share of the military retired pay is not dependent upon such direct payment. If the military disbursing office determines that payment of the full amount due to the Former Spouse under this order cannot be made directly to the Former Spouse for any reason, direct payment shall be made of the maximum amount permissible in accordance with existing law and regulations. In the event that Member receives all or any portion of the payments which, pursuant to this order, should have been paid to the Former Spouse, including amounts received by the member prior to implementation of direct payment and sums which the military disbursing office has determined cannot be paid directly to the Former Spouse, the Member shall be deemed to be a constructive trustee of such amounts for the Former Spouse's benefit and shall pay same to her within three (3) days of receipt. hi the event the Former Spouse receives any portion of the payments which, pursuant to this order, should have been paid to the Member, she shall be deemed to be a constructive trustee of such amounts for the Member's benefit and shall pay same to him within three (3) days of receipts. The parties shall cooperate as appropriate to avoid overpayment to either the Member or the Former Spouse. The Member shall furnish the Former Spouse with documentation evidencing his receipt of military retired pay and the apportionment between the Member and the Former Spouse within thirty (30) days of the yearly adjustment thereto, on or about the first of January of each year. The Member shall not take any action that would defeat or adversely affect the right of the Former Spouse to receive her specified percentage of his retired pay or that would cause a reduction of or limitation in the amount of the military retired pay to which the Former Spouse is entitled pursuant to this order. The Member shall indemnify and hold the Former Spouse harmless with regard to this provision. To the extent required by law, each party shall be responsible for payment of all Federal and State income taxes attributable to the share of the military retired pay received by him or her, and shall prepare and file appropriate withholding forms with the military disbursing office for this purpose. If the Member receives credit for taxes withheld which pertain to the Former Spouse's share of the retired pay, the Former Spouse shall be entitled to credit such withholdings against the taxes imposed on her share of the retired pay, and the Member shall instruct the appropriate Federal and State taxing authorities to so apply such withholdings to the Former Spouse's credit. At the time of retirement from the United States Air Force, the Member elected an annuity for the Former Spouse under the Survivor Benefit Plan in the maximum amount permitted by law. The Member shall immediately take all necessary steps to designate the Former Spouse as a beneficiary of a former spouse survivor's benefit annuity in the maximum amount allowed by law. If the Member dies before making this election, he shall be deemed to have made the election required by this provision, and the Former Spouse shall be entitled to the maximum permissible survivor's annuity, as delineated in the Qualified Domestic Relations Order in the case herein. hi the event the Former Spouse receives a payment pursuant to this order during the same month that said Former Spouse receives a payment for Alimony Pendente Lite, according to the Order of Court in this case, she shall be deemed to be a constructive trustee of such amounts received as Former Spouse through said Military Pension for the Member's benefit and shall pay same to him within three (3) days of receipts. 16. LIFE INSURANCE: Each party shall retain ownership of his or her own life insurance policies. The parties agree that HUSBAND and WIFE shall maintain their children, JASON MICHAEL GENISE-GDULA and MATTHEW AARON GENISE- GDULA as beneficiaries of any life insurance policies that HUSBAND and WIFE now own until said children each reaches the age of 21 years. HUSBAND and WIFE agree to exchange a copy of said policies documenting JASON MICHAEL GENISE-GDULA and MATTHEW AARON GENISE-GDULA as beneficiaries as soon as practically possible. Each party agrees to sign any documents necessary to waive, relinquish, or transfer any rights on such policies to the respective party who presently owns such policy. 17. BENEFITS AND BANK ACCOUNTS: WIFE agrees to waive all right, title and interest which she may have in the savings or checking or any other bank accounts of the HUSBAND. HUSBAND agrees to waive all interest, which he has in any bank accounts of the WIFE. 18. DIVORCE: The parties both agree to cooperate with each other in obtaining a final divorce of the marriage. Any party who fails to cooperate with obtaining the Divorce shall pay all the costs and legal fees of the party who is seeking the divorce. The parties shall simultaneously with the signing of this Agreement, execute Affidavits of Consents and Waivers of Notice of Intention to Request Entry of Divorce Decree. Said documents shall be filed with the court and counsel for the HUSBAND will file a Praecipe to Transmit Record and obtain a divorce decree. 19. BREACH: If either party breaches any provisions of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract should be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. 20. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 21. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, and each party acknowledges that the Agreement is fair and equitable, and that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. The provisions of this Agreement are fully understood by both parties and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. 22. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 23. APPLICABLE LAW: This Agreement shall be construed under the Laws of the Commonwealth of Pennsylvania. 24. PRIOR AGREEMENTS: It is understood and agreed that any and all property settlement agreements which may or have been executed prior to the date and time of this Agreement are null and void and of no effect. 25. PAYMENT OF COSTS AND LEGAL FEES: The parties agree to pay for their own costs required to obtain and complete the divorce. 26 WAIVER OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. 27. MODIFICATION: No modification, rescission or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 28. SEVERABILITY: If any provision of this Agreement is held by a Court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 29. AGREEMENT NOT TO BE MERGED: This Agreement maybe filed with the Court for incorporation into the Decree of Divorce for purposes of enforcement only, but otherwise shall not be merged into said Decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or released.- IN WITNESS WHEREOF, the parties hereunto have set their hands and seals 1 (SEAL) COURTNEY E ISE-GDU A (SEAL) PETER M. GDULA the day and year first above written. COMMONWEALTH OF PENNSYLVANIA . . SS: COUNTY OF CUMBERLAND PERSONALLY APPEARED BEFORE ME, this day of , 2006, a Notary Public, in and for the Commonwealth of Pennsylvania and County of Cumberland, COURTNEY GENISE-GDULA, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA . . SS: COUNTY OF CUMBERLAND PERSONALLY APPEARED BEFORE ME, this day of , 2006, a Notary Public, in and for the Commonwealth of Pennsylvania and County of Cumberland, PETER M. GDULA, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. i-•: ..._ -i't , --f ? I-? ? C: _. ?:.; PETER M. GDULA, Plaintiff V. COURTNEY GENISE-GDULA, Defendant IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2003 - 4193 CIVIL TERM IN DIVORCE NOTICE OF INTENTION TO RETAKE AND USE PRIOR NAME I, COURTNEY E. GENISE-GDULA, hereby give notice, avowing my intention to resume and hereafter use my prior surname, to wit: COURTNEY E. GENISE, in accordance with the provisions of the Act of December 16, 1982, P.L. 1309, No. 295, Section 704(x) (54 Pa. C.S.A. 704(a). My divorce is docketed to 2003-4193 Civil Term. I verify that the statements made in this document are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 9.0?'day of ltnuayx 2006. WITNESSED: (SEAL) COURTNEY G N E-GDUL TO BE KNOWN AS: Cti1 ??? C Q? A (' z -(SEAL) COURTNEY E GE SE I COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: PERSONALLY APPEARED BEFORE ME, this d day of , Q h U aA q . 2006, a Notary Public, in and for the Commonwealth of Pennsylvania and County of Cumberland, COURTNEY GENISE-GDULA, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Notice of Intention to Retake and Use Prior Name, and acknowledges that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA N013M Seal Monks L Noel. Notary ROO G 1.4 o Calsle Bozo, CurnbubM Canty My Corm?afon E)ires Seq. 18, MW Member, Pennsylvania Association Of Notaries ? ? -?q? S't? ,? V] n ? q T? ? ?" C(.1 V `? ?` T ?? v? C. ? P? ; .: (r. "f1 f . • L? . ? . 1 ...5 !c' ? . . !Q l ''? ? c:; _? MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made this WlA day of January 2006, by and between COURTNEY GENISE-GDULA, (hereinafter referred to as "WIFE") and PETER M. GDULA, (hereinafter referred to as "HUSBAND"). WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married on June 20, 1981, in Omaha, Nebraska, and separated on February 23, 2002. HUSBAND filed a Divorce Action in Cumberland County, Pennsylvania, on August 26, 2003, docketed at 2003- 4193 Civil Term. The parties hereto agree and covenant as follows: 1. The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intent and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other. 2. The parties have attempted to divide their marital property in a manner which conforms to a just and right standard, with due regard to the rights of each party. It is the intent of the parties that such division shall be final and shall forever determine their respective rights. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. 3. Further, the parties agree to continue living separately and apart from the other at any place or places that he or she may select as they have heretofore been doing. Neither party shall molest, harass, annoy, injure, threaten or interfere with the other party in any manner whatsoever. Each party may carry on and engage in any employment, profession, business or other activity as he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere with the uses, ownership, enjoyment or disposition of any property now owned and not specified herein nor property hereafter acquired by the other. 4. The consideration for this contract and agreement is the mutual benefit to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. Each party to the Agreement acknowledges and declares that he or she, respectively: a. is represented by counsel of his or her own choosing; b. is fully and completely informed of the facts relating to the subject matter of this Agreement and of the rights and liabilities of the parties; c. enters into this Agreement voluntarily after receiving the advice of counsel; d. has given careful and mature thought to the making of this Agreement; e. has carefully read each provision of this Agreement; and f. fully and completely understands each provision of this Agreement, both as to the subject matter and legal effect. This Agreement shall become effective immediately as of the date of execution. 5. It is the purpose and intent of this Agreement to settle forever and completely the interest and obligations of the parties in all property that they own separately, and all property that would qualify as marital property under the Pennsylvania Divorce Code, Title 23, Section 3501, and that is referred to in this Agreement as "Marital Property", as between themselves, their heirs and assigns. The parties have attempted to divide their Marital Property in a manner that conforms to a just and fair standard, with due regard to the rights of each Party. The division of existing Marital Property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting a part of the marital estate. It is the further purpose of this Agreement to settle forever and completely any obligation under the Pennsylvania Divorce Code or any other law relating to the past, present and future support, alimony and/or maintenance of WIFE by HUSBAND or of HUSBAND by WIFE and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. 6. Each party represents and warrants that he or she has made a full and fair disclosure to the other of all of his or her property interests of any nature, including any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any property is subject. Each party further represents that he or she has made a full and fair disclosure of all debts and obligations of any nature for which he or she is currently liable or may become liable. Each further represents and warrants that he or she has not made any gifts or transfers for inadequate consideration of Marital Property without the prior consent of the other. Each Party acknowledges that, to the extent desired, he or she has had access to all joint and separate State and Federal Tax Returns filed by or on behalf of either or both Parties during marriage. 7. REAL ESTATE: The jointly owned real estate owned by the parties at 117 Pine Road, Mount Holly Springs, Pennsylvania has been sold and the proceeds have been equally divided. 8. DEBTS: HUSBAND shall be solely responsible for all debts solely in his own name including but not limited to personal loans, charge accounts, and credit cards. WIFE will be solely responsible for her own credit card debts. Both parties represent and warrant to the other that neither has incurred and will not incur in the future contract or incur, any debt of liability for which the other or the estate of the other might be responsible. 9. SPOUSAL SUPPORT AND ALIMONY: HUSBAND and WIFE agree that neither Husband nor Wife shall pay alimony to the other following the execution of this document. Husband and Wife agree that the payments made heretofore from Husband to Wife are controlled by the following paragraph. The parties agree that the entire amount being paid to WIFE pursuant to this paragraph is a separate maintenance periodic payment, included and intended to be included with the income of WIFE within the meaning and intent of Section 71 of the United States Internal Revenue Code of 1954 and deductible from the HUSBAND'S gross income pursuant to the provisions of Section 215 of the United States Internal Revenue Code of 1954. WIFE agrees that all said payments shall be included as income to the WIFE in her applicable tax returns and that she shall pay such taxes as may be required by reason of such inclusion. This Agreement has been negotiated and executed under the assumption that the payments for alimony to WIFE shall be deductible by HUSBAND. If, as a result of a binding determination to the contrary or because of some subsequent change in the governing law or its authoritative interpretation, the payments of any part of the payments will no longer be deductible by HUSBAND, then the sums payable by HUSBAND to WIFE under this paragraph shall be reduced by the amount of his increased tax obligation. 10. PERSONAL PROPERTY: The parties agree to the following division: HUSBAND shall receive the following items: a. All personal property in his possession. b. His bank accounts. c. Any life insurance policy. d. His employee benefits except for his military retirement will be deducted 43.4% to WIFE. WIFE shall receive the following items: a. The personal property in her current possession. b. Her bank accounts. c. Payment of 43.4% of HUSBAND's military retirement account to WIFE. WIFE hereby waives all right and title which she may have in any personal property of the HUSBAND. HUSBAND likewise waives any interest, which he has in the personal property of the WIFE. Henceforth, each of the parties shall own, have and enjoy independently of any claim or right of the other party, all items of personal property of every kind, nature and description and wherever situated, which are then owned or held by or which may hereafter belong to the HUSBAND or WIFE with full power to the HUSBAND or the WIFE to dispose of same as fully and effectually, in all respects and for all purposes as if he or she were unmarried. Notwithstanding any other provisions in this document, all property transferred hereunder is subject to the existing lien or liens set forth above. The respective transferee of such property agrees to indemnify and save harmless the other party from any claim or liability that such other party may suffer or may be required to pay on account of such lien or encumbrance. 11. AUTOMOBILES: The parties acknowledge that HUSBAND and WIFE has and shall retain sole and exclusive ownership of their own vehicles. HUSBAND shall retain sole and exclusive ownership of a certain 1995 Saturn vehicle. WIFE shall retain sole and exclusive ownership of a Saturn Ion. HUSBAND shall make no claim whatsoever relative to access to or use of the aforesaid vehicle and shall make no ownership claims of any nature whatsoever to the aforesaid vehicle from the date of execution of this Agreement forward. The parties acknowledge that HUSBAND has and shall retain sole and exclusive ownership and possession of the vehicles namely the 1995 Saturn which was originally titled in HUSBAND's name individually. WIFE shall make no claim whatsoever relative to access or to use of the aforesaid vehicle and shall make no ownership claims of any nature whatsoever to the aforesaid vehicle from the date of execution of this Agreement forward. 12. INTANGIBLE PERSONAL PROPERTY: The parties have already transferred or waived rights and interest in other intangible personal property, including their various bank accounts, credit union accounts, and the like. Each party agrees to sign any documents necessary to close any joint accounts within fifteen (15) days of signing of this Agreement. Neither party shall make any claim of any nature whatsoever against the other party relative to the financial accounts or other rights on such polices to the respective party who presently owns such policy. 13. DENTAL INSURANCE: HUSBAND agrees to continue to maintain dental insurance from Delta Dental Insurance and/or its successors for the benefit of WIFE through and including July 1, 2006. WIFE agrees to pay for any amounts not covered or reimbursed in any manner by said dental policy. The Delta Dental Insurance is Policy No. 4601 under the Enhanced Tri-Care Retiree Dental Program. 14. SUBSEQUENTLY ACQUIRED PROPERTY: HUSBAND and WIFE agree to waive and relinquish any and all rights that he or she may now have or hereafter acquire in any real or tangible personal property subsequently acquired by the other party. HUSBAND and WIFE specifically agree to waive and relinquish any right in such property that may arise as a result of the marriage relationship. 15. PENSION, RETIREMENT, AND SURVIVOR BENEFITS: HUSBAND agrees to waive, relinquish or transfer any and all of his right, title and interest he has or may have in WIFE's pension through her present or prior employment. HUSBAND hereby waives, relinquishes and transfers any and all right, title and interest he has in any present retirement account, as well as other accounts that WIFE may have in her individual name or may have secured through her present or prior employment. HUSBAND agrees to relinquish and transfer to WIFE a forty-three and four tenths (43.4%) interest in his military pension account. HUSBAND agrees to execute the proper Qualified Domestic Relations Order (hereinafter referred to as "QDRO") to effect this transfer, and incorporates the QDRO to be drafted in accordance with these terms herein by reference. HUSBAND will provide WIFE with the elective survivor benefit for his military retirement. The parties acknowledge that HUSBAND has retired from active service with the United States Air Force after performing in excess of twenty (20) years of credible military service toward retirement. By reason of his former military service, HUSBAND or "Member" now receives retirement pay which constitutes marital property. The Former Spouse will also be entitled to 43.4% of any cost of living increases received by the Member. Direct payment of the Former Spouse's share of the Member's retired pay shall be made directly by the appropriate military disbursing office to the Former Spouse. It is specifically understood that Member guarantees to the Former Spouse that he shall not merge his military pension with any other government pension nor take any action whatsoever so as to defeat the Former Spouse's right to share in the monthly military retired pay and benefits as set forth in this Agreement. Member agrees to indemnify the Former Spouse regardless of whether the Member merges his military retirement with any future government or other employment retirement at the same rate and amount that would have been paid to her in the absence of any such merger. The Former Spouse's right to receive a retirement annuity pursuant to this order shall commence immediately, and shall continue as long as the Member has a right to receive such payments, and shall terminate on the death of the Member or the Former Spouse, whichever occurs first. The parties believe that all of the statutory requirements under the Uniformed Services Former Spouses' Protection Act have been met so as to allow the Former Spouse to qualify for direct payment of her share of the Member's military retired pay from the appropriate military disbursing office. However, the Former Spouse's entitlement to receipt of her specified share of the military retired pay is not dependent upon such direct payment. If the military disbursing office determines that payment of the full amount due to the Former Spouse under this order cannot be made directly to the Former Spouse for any reason, direct payment shall be made of the maximum amount permissible in accordance with existing law and regulations. In the event that Member receives all or any portion of the payments which, pursuant to this order, should have been paid to the Former Spouse, including amounts received by the member prior to implementation of direct payment and sums which the military disbursing office has determined cannot be paid directly to the Former Spouse, the Member shall be deemed to be a constructive trustee of such amounts for the Former Spouse's benefit and shall pay same to her within three (3) days of receipt. In the event the Former Spouse receives any portion of the payments which, pursuant to this order, should have been paid to the Member, she shall be deemed to be a constructive trustee of such amounts for the Member's benefit and shall pay same to him within three (3) days of receipts. The parties shall cooperate as appropriate to avoid overpayment to either the Member or the Former Spouse. The Member shall furnish the Former Spouse with documentation evidencing his receipt of military retired pay and the apportionment between the Member and the Former Spouse within thirty (30) days of the yearly adjustment thereto, on or about the first of January of each year. The Member shall not take any action that would defeat or adversely affect the right of the Former Spouse to receive her specified percentage of his retired pay or that would cause a reduction of or limitation in the amount of the military retired pay to which the Former Spouse is entitled pursuant to this order. The Member shall indemnify and hold the Former Spouse harmless with regard to this provision. To the extent required by law, each party shall be responsible for payment of all Federal and State income taxes attributable to the share of the military retired pay received by him or her, and shall prepare and file appropriate withholding forms with the military disbursing office for this purpose. If the Member receives credit for taxes withheld which pertain to the Former Spouse's share of the retired pay, the Former Spouse shall be entitled to credit such withholdings against the taxes imposed on her share of the retired pay, and the Member shall instruct the appropriate Federal and State taxing authorities to so apply such withholdings to the Former Spouse's credit. At the time of retirement from the United States Air Force, the Member elected an annuity for the Former Spouse under the Survivor Benefit Plan in the maximum amount permitted by law. The Member shall immediately take all necessary steps to designate the Former Spouse as a beneficiary of a former spouse survivor's benefit annuity in the maximum amount allowed by law. If the Member dies before making this election, he shall be deemed to have made the election required by this provision, and the Former Spouse shall be entitled to the maximum permissible survivor's annuity, as delineated in the Qualified Domestic Relations Order in the case herein. In the event the Former Spouse receives a payment pursuant to this order during the same month that said Former Spouse receives a payment for Alimony Pendente Lite, according to the Order of Court in this case, she shall be deemed to be a constructive trustee of such amounts received as Former Spouse through said Military Pension for the Member's benefit and shall pay same to him within three (3) days of receipts. 16. LIFE INSURANCE: Each party shall retain ownership of his or her own life insurance policies. The parties agree that HUSBAND and WIFE shall maintain their children, JASON MICHAEL GENISE-GDULA and MATTHEW AARON GENISE- GDULA as beneficiaries of any life insurance policies that HUSBAND and WIFE now own until said children each reaches the age of 21 years. HUSBAND and WIFE agree to exchange a copy of said policies documenting JASON MICHAEL GENISE-GDULA and MATTHEW AARON GENISE-GDULA as beneficiaries as soon as practically possible. Each party agrees to sign any documents necessary to waive, relinquish, or transfer any rights on such policies to the respective party who presently owns such policy. 17. BENEFITS AND BANK ACCOUNTS: WIFE agrees to waive all right, title and interest which she may have in the savings or checking or any other bank accounts of the HUSBAND. HUSBAND agrees to waive all interest, which he has in any bank accounts of the WIFE. 18. DIVORCE: The parties both agree to cooperate with each other in obtaining a final divorce of the marriage. Any party who fails to cooperate with obtaining the Divorce shall pay all the costs and legal fees of the party who is seeking the divorce. The parties shall simultaneously with the signing of this Agreement, execute Affidavits of Consents and Waivers of Notice of Intention to Request Entry of Divorce Decree. Said documents shall be filed with the court and counsel for the HUSBAND will file a Praecipe to Transmit Record and obtain a divorce decree. 19. BREACH: If either party breaches any provisions of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract should be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. 20. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 21. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, and each party acknowledges that the Agreement is fair and equitable, and that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. The provisions of this Agreement are fully understood by both parties and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. 22. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 23. APPLICABLE LAW: This Agreement shall be construed under the Laws of the Commonwealth of Pennsylvania. 24. PRIOR AGREEMENTS: It is understood and agreed that any and all property settlement agreements which may or have been executed prior to the date and time of this Agreement are null and void and of no effect. 25. PAYMENT OF COSTS AND LEGAL FEES: The parties agree to pay for their own costs required to obtain and complete the divorce. 26 WAIVER OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. 27. MODIFICATION: No modification, rescission or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 28. SEVERABILITY: If any provision of this Agreement is held by a Court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 29. AGREEMENT NOT TO BE MERGED: This Agreement may be filed with the Court for incorporation into the Decree of Divorce for purposes of enforcement only, but otherwise shall not be merged into said Decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or released.- IN WITNESS WHEREOF, the parties hereunto have set their hands and seals the day and year first above written. l? (SEAL) COURTNEY GE ISE-GD A c-? (SEAL) PETER M. GDULA COMMONWEALTH OF PENNSYLVANIA . SS: COUNTY OF CUMBERLAND PERSONALLY APPEARED BEFORE ME, this day of , 2006, a Notary Public, in and for the Commonwealth of Pennsylvania and County of Cumberland, COURTNEY GENISE-GDULA, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND PERSONALLY APPEARED BEFORE ME, this day of , 2006, a Notary Public, in and for the Commonwealth of Pennsylvania and County of Cumberland, PETER M. GDULA, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. -; ?_ _ ?; ;, _? ?f CU flT rr? ? n7 >?_ ?_ .. =-t .. ?, -G PETER M. GDULA, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW COURTNEY GENISE-GDULA, NO. 20034193 CIVIL TERM Defendant IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) or 3301(d) of the Divorce Code was filed on August 26, 2003. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. I consent to the entry of a final decree in divorce. 4. 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 made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unworn falsification to authorities. Date: 11S 166, PETER M. GDULA Plaintiff CJ o O V? FY'I' f }? _ C. -7?n C.Jl PETER M. GDULA, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW COURTNEY GENISE-GDULA, NO. 2003-4193 CIVIL TERM Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. Date: Lo ?'Lp- -? PETER M. GDULA Plaintiff ?a C7 ?>? CT o+ `' { N PETER M. GDULA, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW COURTNEY GENISE-GDULA, NO. 20034193 CIVIL TERM Defendant IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT A complaint in divorce under Section 3301(c) or 3301(d) of the Divorce Code was filed on August 26, 2003. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. I consent to the entry of a final decree in divorce. 4. 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 made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Date: !Y..)G.,xZDo& Ceti. COURTNEY G T NI -GDULA Defendant C ? (?) YJ ^Y'1 n? s ,icy yr7 _..» ...fit ':, N { PETER M. GDULA, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW COURTNEY GENISE-GDULA, NO. 20034193 CIVIL TERM Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: G(.-FM Qj2m 1y - C:C_" COURTNEY GE IS GDULA Defendant 00 FTi Y I I ?J ? ^? 4 3 [r: cn !V r> PETER M. GDULA Plaintiff V. COURTNEY GENISE-GDULA Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-4193 CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301 ( c) of the Divorce Code. 2. Date and manner of service of the complaint: By certified mail on or about August 30, 2003. 3. Complete either paragraph (a) or (b): (a) Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by Plaintiff January 18, 2006 ; by Defendant January 18, 2006- (b)(1) Date of execution of the Plaintiffs affidavit required by Section 3301(d) of the Divorce Code: (2) Date of service of the Plaintiffs affidavit upon the Defendant: 4. Related claims pending: None 5. (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date plaintiffs Waiver of Notice in §3301( c) Divorce was filed with the prothonotary: simultaneously herewith. Date defendant's Waiver of Notice in §3301( c) Divorce was filed with the prothonotary: Simultaneously herewith Plaintiff has filed a Waiver of the Notice of Intention to Request Entry of A Divorce Decree. L I ;:ZL Mark A. Mateya, E uire P.O. Box 127 Boiling Springs, PA 17007 (717) 241-6500 Attorney for Plaintiff o n 'r'p r- C, f :^? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. Peter M. Gdula N p, 2003-4193 VERSUS DECREE IN DIVORCE AND NOW, 2006 IT IS ORDERED AND DECREED THAT Beter M. Gdula , PLAINTIFF, AND Courtney Genise-Gdula DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD?THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; !VryJIA, `?/G,/-' The Marslage Settlement Agreement entered into by and between BY THE COURT: ATTEST: / J. PROTHONOTARY i ? ?- PETER M. GDULA, Plaintiff/Respondent V. COURTNEY GENISE-GDULA, Defendant/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003-4193 CIVIL TERM IN DIVORCE PETITION FOR SPECIAL RELIEF AND NOW, this 27`h day of June, 2006, comes the Petitioner, Courtney Genise, by and through her attorneys, IRWIN & McKNIGHT, and petitions this Honorable Court as follows: 1. The Petitioner is Courtney Genise who currently resides at 538 North Bedford Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Respondent is Peter M. Gdula who currently resides at 117 Pine Road, Mt. Holly Springs, Cumberland County, Pennsylvania 17065. 3. Petitioner and Respondent were married on June 20, 1981, in Omaha, Nebraska, and were separated on February 23, 2002. 4. The parties were divorced on February 7, 2006, a copy of the Divorce Decree is attached hereto and marked as Exhibit "A" and made a part of this Petition for Special Relief. 2 5. Incorporated but not merged with the Divorce Decree was a Marriage Settlement Agreement date January 18, 2006, a copy of which is attached hereto and marked as Exhibit "B" and made a part of this Petition for Special Relief. 6. In paragraph eight (8) of the Marriage Settlement Agreement, the parties would be responsible for their own debts, and in paragraph eleven (11) of the Marriage Settlement Agreement each would waive any interest in the automobile of the other. 7. The Respondent had a 1995 Saturn automobile secured by a loan with Mellon Bank. Although the Petitioner had co-signed the loan, the Respondent always treated the loan as his own and had been making payments on the loan secured for his automobile. 8. The Respondent declared bankruptcy and has stopped paying on the Mellon loan. Mellon, though its attorneys, is now seeking payment from the Petitioner of said automobile. A copy of a collection letter is attached hereto and marked as Exhibit "C" and made a part of this Petition for Special Relief. 9. The Petitioner seeks either payment of the balance of the loan from the Respondent or the authority to sell the automobile in order to pay off the loan. Despite repeated requests, the Respondent has refused to pay on the loan for his automobile. 10. The Petitioner, Courtney Genise, seeks special relief by this Court as follows: a. An Order requiring payment of the Mellon loan by Respondent, Peter M. Gdula. b. An Order in the alternative enabling Petitioner to sell the 1995 Saturn in order to pay off the loan. C. Any other relief the Court deems appropriate. d. Reasonable legal fees and costs for pursuing this Petition for Special Relief. WHEREFORE, Petitioner, Courtney Genise, seeks the relief requested above. Respectfully submitted, IRWIN & By: \ 4arcus cKni M 6 0 West Pomfret Street Carlisle, PA 17013 Supreme Court I.D. No: 25476 (717) 249-2353 Attorney for the Petitioner Courtney Genise Date: June 27, 2006 4 EXHIBIT "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. Peter M. Gdula VERSUS N 0. 2003-41 93 DECREE IN DIVORCE AND NOW, 2006 , IT IS ORDERED AND DECREED THAT Peter M. Gdula , PLAINTIFF, AND Courtney Genise-Gdula ,DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD?TH?TION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The Maraaage Settlement Agreement entered into by and between l PROTHONOTARY J EXHIBIT "B" MARRLAGE SETTLEMENT AGREEMENT THIS AGREEMENT made this 1 ?T" day of January 2006, by and between COURTNEY GENISE-GDULA, (hereinafter referred to as "WIFE") and PETER M. GDULA, (hereinafter referred to as "HUSBAND"). WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married on June 20, 1981, in Omaha, Nebraska, and separated on February 23, 2002. HUSBAND filed a Divorce Action in Cumberland County, Pennsylvania, on August 26, 2003, docketed at 2003- 4193 Civil Term. The parties hereto agree and covenant as follows: 1. The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intent and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other. 2. The parties have attempted to divide their marital property in a manner which conforms to a just and right standard, with due regard to the rights of each party. It is the intent of the parties that such division shall be final and shall forever determine their respective rights. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. 3. Further, the parties agree to continue living separately and apart from the other at any place or places that he or she may select as they have heretofore been doing. Neither party shall molest, harass, annoy, injure, threaten or interfere with the other party in any manner whatsoever. Each party may carry on and engage in any employment, profession, business or other activity as he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere with the uses, ownership, enjoyment or disposition of any property now owned and not specified herein nor property hereafter acquired by the other. 4. The consideration for this contract and agreement is the mutual benefit to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. Each party to the Agreement acknowledges and declares that he or she, respectively: a. is represented by counsel of his or her own choosing; b. is fully and completely informed of the facts relating to the subject matter of this Agreement and of the rights and liabilities of the parties; c. enters into this Agreement voluntarily after receiving the advice of counsel; d. has given careful and mature thought to the making of this Agreement; e. has carefully read each provision of this Agreement; and f. fully and completely understands each provision of this Agreement, both as to the subject matter and legal effect. This Agreement shall become effective immediately as of the date of execution. 5. It is the purpose and intent of this Agreement to settle forever and completely the interest and obligations of the parties in all property that they own separately, and all property that would qualify as marital property under the Pennsylvania Divorce Code, Title 23, Section 3501, and that is referred to in this Agreement as "Marital Property", as between themselves, their heirs and assigns. The parties have attempted to divide their Marital Property in a manner that conforms to a just and fair standard, with due regard to the rights of each Party. The division of existing Marital Property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting a part of the marital estate. It is the further purpose of this Agreement to settle forever and completely any obligation under the Pennsylvania Divorce Code or any other law relating to the past, present and future support, alimony and/or maintenance of WIFE by HUSBAND or of HUSBAND by WIFE and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. 6. Each party represents and warrants that he or she has made a full and fair disclosure to the other of all of his or her property interests of any nature, including any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any property is subject. Each party further represents that he or she has made a full and fair disclosure of all debts and obligations of any nature for which he or she is currently liable or may become liable. Each further represents and warrants that he or she has not made any gifts or transfers for inadequate consideration of Marital Property without the prior consent of the other. Each Party acknowledges that, to the extent desired, he or she has had access to all joint and separate State and Federal Tax Returns filed by or on behalf of either or both Parties during marriage. 7. REAL ESTATE: The jointly owned real estate owned by the parties at 117 Pine Road, Mount Holly Springs, Pennsylvania has been sold and the proceeds have been equally divided. 8. DEBTS: HUSBAND shall be solely responsible for all debts solely in his own name including but not limited to personal loans, charge accounts, and credit cards. WIFE will be solely responsible for her own credit card debts. Both parties represent and warrant to the other that neither has incurred and will not incur in the future contract or incur, any debt of liability for which the other or the estate of the other might be responsible. 9. SPOUSAL SUPPORT AND ALIMONY: HUSBAND and WIFE agree that neither Husband nor Wife shall pay alimony to the other following the execution of this document. Husband and Wife agree that the payments made heretofore from Husband to Wife are controlled by the following paragraph. The parties agree that the entire amount being paid to WIFE pursuant to this paragraph is a separate maintenance periodic payment, included and intended to be included with the income of WIFE within the meaning and intent of Section 71 of the United States Internal Revenue Code of 1954 and deductible from the HUSBAND'S gross income pursuant to the provisions of Section 215 of the United States Internal Revenue Code of 1954. WIFE agrees that all said payments shall be included as income to the WIFE in her applicable tax returns and that she shall pay such taxes as may be required by reason of such inclusion. This Agreement has been negotiated and executed under the assumption that the payments for alimony to WIFE shall be deductible by HUSBAND. If, as a result of a binding determination to the contrary or because of some subsequent change in the governing law or its authoritative interpretation, the payments of any part of the payments will no longer be deductible by HUSBAND, then the sums payable by HUSBAND to WIFE under this paragraph shall be reduced by the amount of his increased tax obligation. 10. PERSONAL PROPERTY: The parties agree to the following division: HUSBAND shall receive the following items: a. All personal property in his possession. b. His bank accounts. c. Any life insurance policy. d. His employee benefits except for his military retirement will be deducted 43.4% to WIFE. WIFE shall receive the following items: a. The personal property in her current possession. b. Her bank accounts. c. Payment of 43.4% of HUSBAND's military retirement account to WIFE. WIFE hereby waives all right and title which she may have in any personal property of the HUSBAND. HUSBAND likewise waives any interest, which he has in the personal property of the WIFE. Henceforth, each of the parties shall own, have and enjoy independently of any claim or right of the other party, all items of personal property of every kind, nature and description and wherever situated, which are then owned or held by or which may hereafter belong to the HUSBAND or WIFE with full power to the HUSBAND or the WIFE to dispose of same as fully and effectually, in all respects and for all purposes as if he or she were unmarried. Notwithstanding any other provisions in this document, all property transferred hereunder is subject to the existing lien or liens set forth above. The respective transferee of such property agrees to indemnify and save harmless the other party from any claim or liability that such other party may suffer or may be required to pay on account of such lien or encumbrance. 11. AUTOMOBILES: The parties acknowledge that HUSBAND and WIFE has and shall retain sole and exclusive ownership of their own vehicles. HUSBAND shall retain sole and exclusive ownership of a certain 1995 Saturn vehicle. WIFE shall retain sole and exclusive ownership of a Saturn Ion. HUSBAND shall make no claim whatsoever relative to access to or use of the aforesaid vehicle and shall make no ownership claims of any nature whatsoever to the aforesaid vehicle from the date of execution of this Agreement forward. The parties acknowledge that HUSBAND has and shall retain sole and exclusive ownership and possession of the vehicles namely the 1995 Saturn which was originally titled in HUSBAND's name individually. WIFE shall make no claim whatsoever relative to access or to use of the aforesaid vehicle and shall make no ownership claims of any nature whatsoever to the aforesaid vehicle from the date of execution of this Agreement forward. 12. INTANGIBLE PERSONAL PROPERTY: The parties have already transferred or waived rights and interest in other intangible personal property, including their various bank accounts, credit union accounts, and the like. Each party agrees to sign any documents necessary to close any joint accounts within fifteen (15) days of signing of this Agreement. Neither party shall make any claim of any nature whatsoever against the other party relative to the financial accounts or other rights on such polices to the respective party who presently owns such policy. 13. DENTAL INSURANCE: HUSBAND agrees to continue to maintain dental insurance from Delta Dental Insurance and/or its successors for the benefit of WIFE through and including July 1, 2006. WIFE agrees to pay for any amounts not covered or reimbursed in any manner by said dental policy. The Delta Dental Insurance is Policy No. 4601 under the Enhanced Tri-Care Retiree Dental Program. 14. SUBSEQUENTLY ACQUIRED PROPERTY: HUSBAND and WIFE agree to waive and relinquish any and all rights that he or she may now have or hereafter acquire in any real or tangible personal property subsequently acquired by the other party. HUSBAND and WIFE specifically agree to waive and relinquish any right in such property that may arise as a result of the marriage relationship. 15. PENSION RETIREMENT AND SURVIVOR BENEFITS: HUSBAND agrees to waive, relinquish or transfer any and all of his right, title and interest he has or may have in WIFE's pension through her present or prior employment. HUSBAND hereby waives, relinquishes and transfers any and all right, title and interest he has in any present retirement account, as well as other accounts that WIFE may have in her individual name or may have secured through her present or prior employment. HUSBAND agrees to relinquish and transfer to WIFE a forty-three and four tenths (43.4%) interest in his military pension account. HUSBAND agrees to execute the proper Qualified Domestic Relations Order (hereinafter referred to as "QDRO") to effect this transfer, and incorporates the QDRO to be drafted in accordance with these terms herein by reference. HUSBAND will provide WIFE with the elective survivor benefit for his military retirement. The parties acknowledge that HUSBAND has retired from active service with the United States Air Force after performing in excess of twenty (20) years of credible military service toward retirement. By reason of his former military service, HUSBAND or "Member" now receives retirement pay which constitutes marital property. The Former Spouse will also be entitled to 43.4% of any cost of living increases received by the Member. Direct payment of the Former Spouse's share of the Member's retired pay shall be made directly by the appropriate military disbursing office to the Former Spouse. It is specifically understood that Member guarantees to the Former Spouse that he shall not merge his military pension with any other government pension nor take any action whatsoever so as to defeat the Former Spouse's right to share in the monthly military retired pay and benefits as set forth in this Agreement. Member agrees to indemnify the Former Spouse regardless of whether the Member merges his military retirement with any future government or other employment retirement at the same rate and amount that would have been paid to her in the absence of any such merger. The Former Spouse's right to receive a retirement annuity pursuant to this order shall commence immediately, and shall continue as long as the Member has a right to receive such payments, and shall terminate on the death of the Member or the Former Spouse, whichever occurs first. The parties believe that all of the statutory requirements under the Uniformed Services Former Spouses' Protection Act have been met so as to allow the Former Spouse to qualify for direct payment of her share of the Member's military retired pay from the appropriate military disbursing office. However, the Former Spouse's entitlement to receipt of her specified share of the military retired pay is not dependent upon such direct payment. If the military disbursing office determines that payment of the full amount due to the Former Spouse under this order cannot be made directly to the Former Spouse for any reason, direct payment shall be made of the maximum amount permissible in accordance with existing law and regulations. In the event that Member receives all or any portion of the payments which, pursuant to this order, should have been paid to the Former Spouse, including amounts received by the member prior to implementation of direct payment and sums which the military disbursing office has determined cannot be paid directly to the Former Spouse, the Member shall be deemed to be a constructive trustee of such amounts for the Former Spouse's benefit and shall pay same to her within three (3) days of receipt. In the event the Former Spouse receives any portion of the payments which, pursuant to this order, should have been paid to the .Member, she shall be deemed to be a constructive trustee of such amounts for the Member's benefit and shall pay same to him within three (3) days of receipts. The parties shall cooperate as appropriate to avoid overpayment to either the Member or the Former Spouse. The Member shall furnish the Former Spouse with documentation evidencing his receipt of military retired pay and the apportionment between the Member and the Former Spouse within thirty (30) days of the yearly adjustment thereto, on or about the first of January of each year. The Member shall not take any action that would defeat or adversely affect the right of the Former Spouse to receive her specified percentage of his retired pay or that would cause a reduction of or limitation in the amount of the military retired pay to which the Former Spouse is entitled pursuant to this order. The Member shall indemnify and hold the Former Spouse harmless with regard to this provision. To the extent required by law, each party shall be responsible for payment of all Federal and State income taxes attributable to the share of the military retired pay received by him or her, and shall prepare and file appropriate withholding forms with the military disbursing office for this purpose. If the Member receives credit for taxes withheld which pertain to the Former Spouse's share of the retired pay, the Former Spouse shall be entitled to credit such withholdings against the taxes imposed on her share of the retired pay, and the Member shall instruct the appropriate Federal and State taxing authorities to so apply such withholdings to the Former Spouse's credit. At the time of retirement from the United States Air Force, the Member elected an annuity for the Former Spouse under the Survivor Benefit Plan in the maximum amount permitted by law. The Member shall immediately take all necessary steps to designate the Former Spouse as a beneficiary of a former spouse survivor's benefit annuity in the maximum amount allowed by law. If the Member dies before making this election, he shall be deemed to have made the election required by this provision, and the Former Spouse shall be entitled to the maximum permissible survivor's annuity, as delineated in the Qualified Domestic Relations Order in the case herein. In the event the Former Spouse receives a payment pursuant to this order during the same month that said Former Spouse receives a payment for Alimony Pendente Lite, according to the Order of Court in this case, she shall be deemed to be a constructive trustee of such amounts received as Former Spouse through said Military Pension for the Member's benefit and shall pay same to him within three (3) days of receipts. 16. LIFE INSURANCE: Each party shall retain ownership of his or her own life insurance policies. The parties agree that HUSBAND and WIFE shall maintain their children, JASON MICHAEL GENISE-GDULA and MATTHEW AARON GENISE- GDULA as beneficiaries of any life insurance policies that HUSBAND and WIFE now own until said children each reaches the age of 21 years. HUSBAND and WIFE agree to exchange a copy of said policies documenting JASON MICHAEL GENISE-GDULA and MATTHEW AARON GENISE-GDULA as beneficiaries as soon as practically possible. Each party agrees to sign any documents necessary to waive, relinquish, or transfer any rights on such policies to the respective party who presently owns such policy. 17. BENEFITS AND BANK ACCOUNTS: WIFE agrees to waive all right, title and interest which she may have in the savings or checking or any other bank accounts of the HUSBAND. HUSBAND agrees to waive all interest, which he has in any bank accounts of the WIFE. 18. DIVORCE: The parties both agree to cooperate with each other in obtaining a final divorce of the marriage. Any party who fails to cooperate with obtaining the Divorce shall pay all the costs and legal fees of the party who is seeking the divorce. The parties shall simultaneously with the signing of this Agreement, execute Affidavits of Consents and Waivers of Notice of Intention to Request Entry of Divorce Decree. Said documents shall be filed with the court and counsel for the HUSBAND will file a Praecipe to Transmit Record and obtain a divorce decree. 19. BREACH: If either party breaches any provisions of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract should be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. 20. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 21. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, and each party acknowledges that the Agreement is fair and equitable, and that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. The provisions of this Agreement are fully understood by both parties and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. 22. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 23. APPLICABLE LAW: This Agreement shall be construed under the Laws of the Commonwealth of Pennsylvania. 24. PRIOR AGREEMENTS: It is understood and agreed that any and all property settlement agreements which may or have been executed prior to the date and time of this Agreement are null and void and of no effect. 25. PAYMENT OF COSTS AND LEGAL FEES: The parties agree to pay for their own costs required to obtain and complete the divorce. 26 WAIVER OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. 27. MODIFICATION: No modification, rescission or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 28. SEVERABILITY: If any provision of this Agreement is held by a Court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 29. AGREEMENT NOT TO BE MERGED: This Agreement may be filed with the Court for incorporation into the Decree of Divorce for purposes of enforcement only, but otherwise shall not be merged into said Decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or released._ IN WITNESS WHEREOF, the parties hereunto have set their hands and seals the day and year first above written. L? (SEAL) COURTNEY ?PIENISE-GDUUk (SEAL) PETER M. GDULA EXHIBIT "C" LAW OFFICES REED J. DAVIS REED JAMES DAVIS DAVIS DAVIS ATTORNEYS a professional corporation 650 WASHINGTON ROAD SUITE 510 PITTSBURGH PA 15228.2702 (412) 344-0400 Retired: WALTER A. KOEGLER DONALD R. TOMLINSON Of Counsel: LINDA M. DAVIS GERARD FL HAMILTON COURTNEY GDULA 117 PINE RD MT HOLLY SPRINGS, PA 17065 February 6, 2004 Fax: (412) 344-5300 Email: mail@ddapc.com RE: Mellon Bank, N.A. v. COURTNEY GDULA Account #M-0275.101-4019310 Balance Due: $5004.93 Amount Past Due: $'709.66 Dear: COURTNEY GDULA, Your motor vehicle loan has been referred to this office for action. Prior to instituting a lawsuit against you, we will allot you a period of three (3) days from the date of this letter to contact a Mellon Bank representative during regular business hours at 800-874-1012 to make arrangements for payment. Your failure to take advantage of this last opportunity, may result in a lawsuit being filed against you, which will require you to pay the balance due, plus attorneys fees, interest, court costs and any other charges provided for in your contract. NOTICE THIS LETTER IS FROM A DEBT COLLECTOR AND INVOLVES THE COLLECTION OF A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. UNLESS YOU DISPUTE THIS DEBT OR ANY PORTION OF THE DEBT WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS NOTICE, THIS OFFICE WILL ASSUME THAT THE DEBT IS VALID. IF YOU NOTIFY THIS OFFICE IN WRITING WITHIN THIRTY (30) DAYS OF THE DATE OF YOUR RECEIPT OF THIS NOTICE THAT YOU DISPUTE THE DEBT OR ANY PORTION OF THE DEBT, WE WILL OBTAIN VERIFICATION OF THE DEBT OR A COPY OF THE JUDGMENT AGAINST YOU AND WILL MAIL A COPY OF SUCH VERIFICATION OR JUDGMENT TO YOU. ALSO, IF YOU REQUEST IN WRITING WITHIN THIRTY (30) DAYS OF THE RECEIPT OF THIS NOTICE THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM THE ORIGINAL CREDITOR, SAID INFORMATION WILL BE MAILED TO YOU. Very truly yours, Davis Davi Attor a pro ssi al c ???? G?S?1,2?e?.•?-,._? Reed J ? Davis I PENNSYLVANIA ANNUAL FINANCE Amount Fnanced Total of Payments Total Sale Price PERCENTAGE RATE CHARGE TAeamountd?eddprovded . eamomtyouwOhaWpadHAS Ihe total cost of your purchase on The lest of your credN as The dollar awwot the to You or an your behalf have made a schMUlad PAY" credit. ndudhlg your dewnwYmonf a Vs.* rste. crydil out lest you. .. ... of f . I1A....- .. _ ILcO %I Is !1,,0.5. v No of Pal*fae I Amoy be. ? You are. giving a security interest in the molar vehick being No. of Porleea Amowl nt. Yaywems When Payments Are One 3 Prepaywenr. If you pay oN early, Yau will of nave to pays penalty. I it Filing Fees:f i F•0 Late Charge: Is wymern is late, you will be charged 2%of the portion of the payment witch is late [or each month, M part of a month grater than t0 dayU that i rmnams roped. See below add any other Cobalt documents fain any additiond information about barpaymenl default, ay required repayment in fed before the scheduled date and prepayment LII:eftinals Mot paW&L I moo. afinele le this 11"016 If YOU DO NOT MEET YOUR CONTRACT wr are OBLIGATIONS, YOU MAY LOSE THE MOTOR IneSELLE1rr.AnEi6DT_;ASLI863T-F-------5515`--Chit I'1E F•'YF NE'CHANI:SBIA-C. Fix IliffiBGLEAID rROP.ERTY THAT YOU Name Address Zip code BOUGHT WITH THIS CONTRACT, AND/OR MONEY ON DEPOSIT WITH THE ASSIGNEE You are rtG_ the RU1'ERt1(;-YEP . ft , Uri it t% +y? )zrljc RE) MT. Nisi i " °DRI4('c'- PA s'j ?j The Colonel is bas Sege and Buyert, dI?JftMwftRS lam bass n rode by Sder. Seat, Hamm Addresslal Zip Code(s) ffAtokIsassign etc~ tithe Assignme. R there it more than one Buye, each promisM sepanatdY aod together. to pay as sums due us and in :.dorm all agreemonds in this CutracL Itolnintion of Amount Financed TRADE-IN- Cash Price 9 • 'R 50 You Ravin traded in - ... ....... rM fribwire velicle: -, Cash Downwyment Year arm lake Description _ f -- 11 a balance a sM owme on the vehicle you have traded vs. the Seder will pay of this Amount m your t;: IN. You wmraM and represent to us that trade-in ;"Y ballein is 0a 0ea ben, claim. rvwmntraoise or security interest, except a shown In tha tin miaim ?I rnbua t Financed a the tan Pagan.' Value of Irade, n PROPERTY INSURANCE: You mat :Rome the per= through wham vmnntt is ohta"a d against I..••. of damage to the Vehicle and against S kabily ansilg oul of Ret er ownership of the Vehicle. to his Contra6, you are M mml ro insane the Vehicle ad Rap R insured. CREDIT INSURANCE IS NOT REOUHFD: Credit Life freedom and Credit Dls&Mlinfasaa a" are red g required to E T t. and will lit" Payldf b: _ a r A I IN not prodded uwlgs you sing" velow aod agreed M pat the adthtoaW cmlHP. Ykau rrod the NU IIL'E Of PROPOSED D CREDIT INSURANCE 3 be on IM reverae side. Your wur rance certiffatt or policy will tell you the MAXIMUM amount of insurance anNabk. AN issuance purchased Unpaid Cash Price 9slance wig be lot the lam of the credit. Ry sa"l"t ran ale6 Shgk Credo Lik Inswantt, Who h ymin I BY dgag, ". vlyd Sir & Credit Accident 4 What is your To Credit Iamantt Cwapaly .Rich loan S. a{fA aaeT_Ye_e_r_`l l Noah imin.ace, whkh costs s..__ 41r. .-Ml- yaw O R N/A. By sknap, P. both sahad Jeal a LrNi Lae Inwrance, .Ran cases s _ '?((?_._ what an yendaaisf' = to Yucic Other; SiDatwed fLlfm to be ilexwN M Small UWACriknt It NUNN tae- Licase, Tags Sl By mating You Eath skdJoint Creda Whtm Pareraga 3 ArddwRdNlah hmralca Miclrcmi N/A -NOr EiRS!li bi Lkn Few I. ad L %. 2. Sianalwa of lootsBvyes to be inswed air k:.t Creel Lik aamoana SlpalWa of bilk Buyers to be inSWd for food Credit Accident a Heats Mwatee ... '?" f .... - HlA VEHICLE: You haw agreed to Milhaud. --do, the tams of this CladraA the following motor vehicle and is aha Wirme::h is raged ya --?- fns'V,?k ' in Het cw*Kt _TA N/'I YJME End MJk€ SS.Sr' a Sib 2112 1111, 2& IIREI TOE Capacity SIdH Amosat FMaNCnd USED 1'315 ;ATIURN 4R SEDMI ----A.__._ ;is3..Tv275tZz244i31-•--1 10.72Fr.72 [Invented -AT-PS. __AM-FMSMu'-'01ha-r' ...-. __. _.. ._...___... ... S.. _ 3,2E1.S7 .nh _ AC. _ P W. _ AM-FM Tow _ VaYI Top Toal of P y-t. (rims Baaete) ASSIGNEE: We may "Ishm this Cwfa6 and Security AWS@R" to a sake finahtt company which is thy'Aa - v 4y 905 v fa --the Contract In a su jall ri ht IM d beasEs At the '._ S. ._ band in an If lh. Security t term aka rem. inch sen +afataie. Alter the Ad aswgn all riatk ad beeeW At the be Schiduat • You agra S Ill pay eer In If. C ors " and r ApeepeM said ha bag to v anA d be M alaceabk by the Assienla. The The Assigrmo will easily you wlen 1. la . us IM Arwood le - Ntance0 s inleal in and It Seines matYrs sin assiymaeM. Dk 59 M?? B??E. ?r or RtRe? StR/n? tDRRVRN oYN Nb --- psrmenHWS-'- 1'.44 each. $"it final payment nt. C04ICNER: Any poison sfgnint the C.Sineve, Agreawnt below aalnias stpaasely and together ,.to AN frSigrmr)s) and Buyerfd: to pay The 619 0 Rva due anal b pMorm at arnewena in this CwOect. C.Sillw r will act bar w thousand Ma Woman. i lr?d 2 Z _ CO.OWNER: Any ysanwsgnea the faOw4r's Saerriy ApemaaWbwWvamasMlM/uklet nlM VekkWMagrwsewrSMJy Sral pY mMt?Mduk ?•., further wits AN Cw0woer(s) end RuYelsi. to peranol at apeemaa m the Seco sty, Agreement spa m solver pads of this Contract except the inirthe. P.Ymets `flaw.. to Pad secsbn. IN be due m that dada day of each morph TERMS: The anus shown in the boxy above are pad of this Contract. allowma. PROMISE TO PAY: You Apex b pat a ea TOW Sate Pita is the Vehicle by pakig em full SECURITY AGREEMENT: Te secure the papnsM of all soms due and the performance of AN n^'w^paYmeM and asipmg tee T,ArO-k d snow show. a a brim the dik of this Contract Ad I01-1 uDk" .it. Ids Conlca6, you give a securdir interest in the Vehicle. In all Pay" In the Mowt Financed plot mlead. You pron. k may pollution is Vc dance with ea wits leaned aaeabwsl agaehed to the Vel cle at any air tam, and in apy proceeds M PaW4nt 4hrdW. Tito Nmtine b mA4 wymnik w M b.%M tM cam dry d -h m nih a tM the W1,11e, me `wan proceeds. TM As," way al•aff any amounts dw and aA wymm due date. You alpci k AT all am" amounts March my' erme due wad. III ksra zvi rt. order his all ageal Say M your money on deposit With Assignee. This wu. M tom CmaecL You apex to Sir the Seller AS Aaigna costs of suit. In aim agree, is pay A iyu„ee ,. any da" So o In Mpwd is, no or an w o mu hie 1. "u. be denuded wID Atvgna by rasmne allaarya tees d Sv4n w assltpwe We a agenwy b 146 amaeis rka• uAn tits IJ lint ON ES CONI110-CONfINU ON THk VERSE Conrad a N pokes for act possession of M Stick YN agmo b moo paylmolk N the pace at is SIDE. YOU ARE OBLIGATED 10 ALL 1HE TERMS OF THE CON TRACT WHICH APPEAR ON 1HE send oaYwellk tithe address watch IN A5lgaee lout retaisMly,prcihaalk wrntex eWAbyaia FRONT AND REVERSE SIDES. RY egging wow, we ape lo Xa thevehrde to you under the turns of this Contract NOTICE TO BUYER-00 NOT SIGN THIS CONTRACT IN RLANN YOU AttSELLEC TT ' OF CAIRI PIKE _ Rr? 101''Y/' LdATfS Gale C..O-SIGNER: YOU SHOULD READ THE NOTICE TO CO-SIGNER, WHICH HAS BEEN GIVEN TO YOU ON A SEPARATE DOCUMENT. BEFORE SIC,NING THE C0-SIGNERS AGREEMENT. COSIGNER'S AGREEMENT: You, the person for pusoa) sinning below a "Co-Sig,u,' paumift ant pay ant us All sums due on this Conaraa ant In perform all agr<enlenb in ate, Contain You intent Lo be legally bound by all tAe tams of IAia Conran, sepanaly and toteNa, wish the Buyer. You are mating thin pratntsc ii mdwe m Ia make this Cumrt.t with Ne Buyrs, eve though we vill use the prot'auJa ..1, fur the Buyer's benefit. Yuu agree to pay even tflaugh we may nbi III- III ade any prior demand f., Payment ow the Buyer or exercised our.-iray intacst. Yuu at- s$nuwldge.-i-g a esple-1 copy fib,. Camril. (SEAL) Co-Sipnt', Signmurc - ?- Addrc,r Data (SEAL) Cu.Siena's Signature Due ,,:)-(I r rt.-tnwNERS SF.(7VRITY .A :RF e.MF.NT. Y-, it., Penn" signing bcluw as "Cn-0wnm h?} Ncr wish the Buyer nr ntl.wise being all n( the Owners f .h. Vehwl, A Security Trues- in nhe Vehiek IdcMified above. You ague to be buund by the Ie.ms ul the 5-111 AS-me., ..it ant .,he, part, of this Cunract eaxpu the I'r ,mi.r'(n I'sy' xelinn. Y:,.roc giving us the -111y Imaal nn induce u. to make Ihia (1•nlracl wah the Nrycr, amt Iu scorn the payment hY Ilte Huycr n( nil .um, dine ..,. ,hid f'. ?nrracl. Ynu ,will n.., I•. reaprma,bk (ar any de(iei-Sr which might M duc alter non ?•?•c.tion ,it sale fib, Vehiek. (SF.AII r , (t.ncr's Signuture . - .. ... _ Add. - Dale ..-_ BUYER. CO-SIGNER AND CO-OWNER, AS APPLICABLE, ACKNOWLEDGE RECEIPT OF A COMPLETED COPY OF THIS CONTRACT- AT THE TIML E OF SIGNING. `:VIYFMNr-!y'--_-- idyER fq Sn!•f V. CO-SIGNER OR 00 OWNER NOTIC' Sk R EVERSF SIDE FORInII'l I If a ANT INFORM ATION. I.rvl?.x•.wxx,ow N21.2c14'.x1 a Iefa nlNLaxtUYfa Rwwr, nit ENTITLED TO AN EXACT COPY OF THE CONTRACT YOU SIGN. KEEP IT TO PROTECT YOUR LEGAL ?RIGHTS. Burr(ol4/. F1}x LE•. "-`?L9- ?`/?. //y_ ISEALI pit' r 6 - a VYU,/??GM t?' 1 l Jli`? (SEAL) lO?' ORIGINAL AUUIIIURAL ItKMS AMU LUNUIIIUNS HOW IRE TOTAL Of PAYMENTS IS COMPUTED: The This al ?aymems is'sm sum of ine m^.unt In• :,it and the finance Lhage. The Finance Charge Woods solely Of interest :n pule 1 daily .n lee -"!A lvhnc Wivnce of d- Amount I'mmued. file Finance Charge . _ on Ile 1'0 nl side has bee,: computed on the assumption that we ell IN.". all P-111. M the., %hedu ed die datei . COMPUTING INTEREST: at, mll rbarg, aril"., on a daily Trans M the ocsUnding `4a'IC: wu ec; la interest at rani it yet la ban loam. The daily nnkied ,ant a mywl to 11, owl I'emen'Ate Rate divided hi the numa, of days in la: CM nay yea. Buyer agrees Lilt brI au'r.. "b""' is ukulaM on a CIA, bas, late payments wile rewg m additional kda.asl laird, :f Apolicade. a [ate dureel. Early Parmentt wdl resuR m foss Interest belie sharyed. Early marls the paYMems ep cause he mutual d to IMM 1 INSS Ine rest octal T LATE CHARGE: Buyer agrees to pay a isle charge IN ray om,.1payment rid mad! wine. 10 ft., ihm nays a+ser its rue dolor. The late [trace will be 2r per nMMh on Ile uopald amount d Me n"'iimt. We'll "Hem" any pan of a msNh 11 gauss of 10 days to be a I,, milk. he IAk c,a:ge ell be due when married. No tale charge will be due it the reason That to payment IS fare IS becaes. ann defadl. Iha also outstanding balance .the Cm,mcl is II:M. Na late charge WILL be due It the rely reason that the payment a latea because d a rak „w'Xe aSteised sal M NY paynimt. 4 AIPI IGTION 0? PAYMENTS' ':le wdl :pplY paiymeMS In The 10W b, order rl a:ady. hot to unkres:: ant Item to rak hum. fees. principal and any other a-. Yon rar on the mi the[ we chader, ' PREPAYMENT: You may prepay. ,n !all err In part iheamount aired on this EO !,A at any Ire wthwt prnany. II you a,,, !nil Contract in pad, you agree to [online to make rrNAr y rchedukd 1 Payments umd roil pay al amounts due under Me CoMrXL The will "nuCe Ibr nimner d )+n, win make. WAIVERS. a. WAIVER BY SELLER Alto ASSIGNEE: We aid Assign. waive be I. 1 N Trial any ulatr IV r, ieeurdy for tse repawm'nl If The Contract except fa the Vehkk and M the, "Coun ¢pecd-*81-ni lnod,n dus ranaacL b WAIVERS By BUYER. COSIGNER AMC M(YWNER: Yoe agrm to make of payment oa r:r befrae HWY ore dug ethos or:, having 10 a5! M you dart we may enforce our rights wuthrul udrtymg you in advawa Yeu sire up any ritm you may he. IQ rO wre that we oche. tar rights atminot some untie person a prepedv blare sod moorce ow nthis ata ,t •,u. Yfu gene that we may tt ,m inn o items apipat sine Other perms bad not against you. /oil wain due ddgeft" m cdkclon and AN defenses based an wreryship and mpWmtal of Maths m -wiry. 7. INTCIIFST AFTER MATURITY AND JUDGMENT: Inures, M the hole provided w Iles Itfal mots continue 10 accrue an the unpad be., until paid n fYE eves after maflNity Anlya aRer win god . Pft-11 'Faiat You IN the Amounh due. Tint .yg apply ever it the ma VON occws because d Xrrknllon. It at any Iowa interest as provided to( in the uaagnpti is rd pe,nMkd by taw. interest shoe accrue At the mlhes, .Is afewed by aalpkfAble LAW b.Oo g It Mat lane. YOUR '*turn E3 ABOUT OUR SECURITY INTEREST: You wig our pemol salyono fiber Han us to eOWn a security interest or DIPM rights in the Vehicle. You M Day art m foes ft" necassefY till 0 b obtain and maintain our-erdy inw at in the Vehicle. You will met te ?n 1-4 air _ecuriry W- M .le,l nn to Certificates of Tilts to the Vekkde. YOU red ml sell ,a give ,ray the vehicle h mmmne 1.11 a lien on Ike YehiUe, you r llw• wed ply the Okahm ant 'eaLen i9. YOUR PROMISES ABOUT THE VEHICLE: you WILL keep The vainest in good =Wish- ant to 'her wi pay AN tuft and ctnnecs on the Ve vick. You win pay AI Costs at mamakong lit'Vcaie You WIN net abuse the Vehicle a pound anylhklg to be done Is its Vehicle wood w.N tenwe as value. Other than Inv mrmal wool and use. You will eat m the Vemde Ill dkgal "'Ne"S or Ill ore ar Inn. Ym Iih rid mow the Vehicle Nom your address sawn on the front of 'he Coolml to a new permmeM PiM d Berating Without notifying us in "Ifir oR. 10 YOUR PROMISES ABOUT INSURANCE: You will keep the Vehicle insured method fire. 'horn ant CrdsM. URN all sums due 0 am Pont In fuL Ea iaswma Co age mint be ,abstacer 1 to =Ram PMKI your mteresM and aw interests al Be tine of oily issued ass. Tyr. eeurance wWlnt home w as "loss DAyld"on die policy. The insurance myth be w*en by An dMorance cpmpArry geaMed to do basipea to Pennsylvania and licensed to sill nMe"N' in the sou Ware We Ymrds is oermaaen y paged. The insurance poky must provde a wan at 'east 10 days' prior wrtNen mute of any amblkn by reduction is Cownge. 0n ,rq.m you shall ddker, la policy or other wind lna d nswance cawnge k u! m to event al any lea a damage to Ise Vehicle you will immeduky eclat a in wring and file a pool of lea nth ft im-- We may file i prop) d bra on your b.hM B you fail a rdwe to do m. We may enldcm Y your him to Any deck daft a after element we « n in paymenl of An insured less a return MMwAMe promd We may apply any issuance praceeds we receive to mines a replace the Vehicle if. n our Opaim. A is econmmiMly leasable old You are net tan rat default wider thin CodraL Otherwise, we WIN up* The insaAna NoCar as b no= the unpaid balance dw o! I I OUR RIGHTS IF you BRfAN YOUR PROMISES ABOUT THE SECURITY INTEREST, Vmc E OR INSURAKI: If Was lad Ill keep year PMMiNS m pry Hkle lees, tarn, bens a UrC ol. ftCesary to keep the Yet.). in god Cadmum and icon, a may ad,M m my ute, you moedsed 1. pay. 0 Yet lac to hate year penmen About mend imrancy. YW r alvAnce money to sblaln..'aneV to cola late a danuge my to Vehide We haw the rrm.cr d Wseit he rode to advan'+ any nsafty la Nose purposes Such instance wN be "sad to an amount not greater Nan you owe on the Coal THE INSURANCE WE PI VCIUSF MAY HE SIGNIF1CANp Y MORE EXPENSIVE AND PROVIDE YOU LESS COVERAGE I IAN IW!,01 AN:E YOU COULD PI Ip:/1ASE YOURSELF. n,b a,ld art ninety we anrrnwa III your behalf to the balance on %two we unoose . nor ncr Charges at the Annual N -,rate Rate of this Contract You agree to repay the miner advanced as we alone .nay specify () Immedialet, alp (final or III) abnE with your monlMy ox'imenh. It we choose b slaw Y. to repay the money advanced along with your ma11MY DA)MUh, par Can Choose The amount of these payments and how IN, yod have in repay. If any of ow rights staled in the paragrtPil are rid planned by law, we still have the other nghh mentioned. Our payments an your behalf wet not cure your [adore to perform your proms In the Contract. 12. DEFAULT: In the paragraph "Yoi' locals it. Buyer, CoSlgft, ant Co.Oeler, at. my one of them ;oil wig be in "Defaun" d the Contract it any one amore of the following things happen a. Yt.u do mlmaq any payment fan or wlaeM1e Jw;a b. You do mt k.p any promise you made a Nis Contract a c. r.;u M rid Veep any promise you math n andar rAratXd, Nde, trim er Agrwmerl with Seller a AssigftK or d. You nude airy untrue staknaed in the credit application fa this Comract or e. Ynu commided any forgery in mrimcbm with this Conthac: a I. Yu die, are coAVided d a calls mvoking filed or ObNorwsly, or are round by a court modIwnd-he b de se to be dacapacitakd; or g. Yalu ilk panhsuptcs' of insolvency proceedings, or anyone like bankruptcy or insolvency owceedings against mic or h Yma IAke the Velmor outride to UnAed Sales a Canada without our women consent or Ynu rise to Vehicle a aM'w someone else to use A in a way that noses t not Is he emml Ii Your ueunnce; or i Y,-: eta mmetlmg Thal causes the Vehck to be suW to conflXaten by gpwrmmml aulhold", err It. '! a Vehicle is lost, stolen, destroyed a damaged beyond Meta l repair, and rat flood ar :>unit wdhn a Hawm pie Ime a I. A.,,. IIMr creditor tries to take the Vehicle or your mangy on deposit with Assignee by legal pwr+ss. 13. OUR RIGHTS IF YOU ARE 111 DEFAULT OF IRIS CONTMCT: If you arc in Defeat of this Cw,tfw wit may enforce our rights according to law. We may rho do to things specifically merlon<d or Nis Comract We rimy do see if these tdngr and M the we lime ar kill do anotbei `.rime d tlM Ines we may do art the loawnfp I. A. CCIERATIOM: We cm demand that yin pay to us the always myself balance oninq on the f.,ntyd and all unpaid finance CJUrem and other, maey due. Yoe agree that you will pay it%, maw, it us ni are nneay peymed imrne"ley upon receiving our demand. b. REPOSSESSION: We can Tern the Vehick, unarm prohibited by law. We can de tin eo-Nm have a Ruakfa d pew de A to ua or hire a gwomment ogicial Iby mpkvinl dm a Ill its You agree tlul we raw pereapy was on to your property k do the. We may lake any other things found in the Vehicle, bid wit reform these things to you it you nth If you WON the.+INnge back you W. ay sit 0 I. a term, wit N d by.11&d mail with.. 24 pars. It you do rid sod us this letter, you give up any dam a Made Things. YOU agra that we may vie your license plates to repossesdpe ft Vehicle and hiking 4 to a pace fa storage. I. VOLUNTARY DELIVERY: We can ask you to give 0 the Vehicle at a reasonably carver l Piece You agree to Bye 0 he Vehiek a we axis it. DELAY IN ENFONCEMENT: We ,a dal., nNnr<ing ew rights under the Contract without losing art nghh 14. SOME THINGS YOU SHOULD KNOW IF WE REPOSSESS THE VEHICLE: If we menses without using a gayer t ohkial flay replnia0: a. NOTICE: We wit send your a Notice at Repossession to your last address We know about This hull, a wed tell you hose to buy back pedeeml the Vehicle. You WIN NOT haw The right to moo ale the Contract Ike was yeus wi haw IN pay to meal balance a Uk Contract and *& amounts don. You may rid But fa Vehicle back by paying dekmquW installareeds. This Notice will tell you ogler intam&tim rmpnd by kw. I. REDEMPTION: You have the right to buy back (Interest the Vehicle wilhin IS days of the mailNg of rte Malice and at any [star time before we sell the Vehicle. If you do .t redwa. you eve up erg clam to the Vehicle. c. SALE: It you don't redeem, we Will ill the Vehicle The maey received at sets wit be ,mail to pay costs and expeasee YON owe, and then to pay the mommy you out as the Contract d. SURPLUS 01 DEFICIENCY: 11 tire. AS money left wa WE pay a to The Buyer. N tare is not emugh mmy from the stay b pay what you owe, Buwr and Co-Slgwr agree to pay what is sap Owed to a e. EXPENSES: Yen Mme to pay tle costs of repoMearag, FWft npwing, preparing la sale and selling Ilk Vehicle As may be allowed by low. Thee ants IAN my he due if. L Default escade taken Ira do" a1 the gone arm, essesston; 2. If. -..A of cmb are KW n ,y ant reasonable; mod 3. We rid pow ON emb were paid 15. NEIits AND PERSONAL REMESENTATNES BOUNO: Alkr your d,M k tha Contract lag be enforceable against you airs and oil al islum l Ail m of your estate IG GOVERNING UW: The Cer*W is to be interpreted according to the law d Pennsylvania 17. SEVERABIUTV OF PROVISIONS: It let Any reaswl any part d this Contact shelf become illegal. void in unelwanabk. NM pat shelf flat be a part d Oils Contract III ASSIGNMENT BY BUYER: Bywr sal not MIA Contract. 19. THERE ARE NO WAMNTIES BY YUESED ON IMPUED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, UNLESS WE HAVE GIVEN YOU A SEPARATE WRITTEN WARRANTY Oft UNLESS SELLER ENTERS INTO A SERVICE CONTRACT WITH BUYER WITHIN 90 LAYS FROM THE DATE OF THIS CONTRACT. Buyer's Guide Window Sticker. II the Car which is described on the lace of this Contract has a Buyer's Guide Window Sticker required by the Federal Irade Commission Used Ca! Irade Regulation Rule, the fallowing notice applies: The information you see on the window form for this Vehicle is part of this Contract. Information On the window farm overrides any contrary provisions in the contract of sale. NOTICE-ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBT'IR HEREUNDER. The falKrltl W Ihrs Cori heady take(s) .lice that Group Cre6iOLi Clnwncwerage OF cover INSURANCE AcrideN and Nsapi Contract d se naked on the Irani or the Contract and cad such eta' nu nawiee ws to appaede to this type Of coverage ell be within by to in indicated anu Y mood. The lea i mr tob e p a pYrcaseeplAna by Ill ,r CP:en ally la permit ill rely e signing ft request fa such A resonance. to murder at d C halee l 4wLou a each type of d Srancoune 1 be ly: bthe tam d ,nsunrire wit conaseace As N IIM deck The indebtedness is iacurrod and WIN wN export on the ori0nal scnodukd mdriry deck of the noebl*hlednesa SebiM t l to aamPiance by la iosurer and wdmn 30 days, Ibe,e will le dekwred to IN insured debtor(s) a certificate at insurance more fully describing to insurance. In the enel M aepaymenl or to MdeDtednesa a refund ill mwnnce charges win he made when due. THE PROVISION HE LOW IS NOT PMT OF THE PENNSYLVANIA MOTOR VEHICLE IN., IALLMENT SALE CONTRACT BETWEEN THE BUYER AND SELLER 'a Induce yo, the 'ASnmmv' rte beliefs on la face of this Conflict in as fallen ASSIGNMENT (Name) In pa,rna•e Re wyhin Cal ire YNkr hereby v arants And mixemenh, and c.. finun to m_ out and represent that: IM SAW has teen made in strict conbnrnly with all appcabe I,.tf l aln 'tale andlegal laws and 1 ulalens, ,nclndirlg, but not loaded to. AMC* 2 of to Pennsylnh. h IOM CMMC-l Conte (13 Pe. CSA 652101 M sank our title fo to Contrad and ,,, Velfk roverod liven, IS 0,,vim. free of all lens, mcwmDrmas and security interests, and is "cocl only to the rigMS at the Buyer as set forth dww; the Contract Is genuine, the . "'Ahnrs "pled" are not IOILV-. arose from the sale of the Vehicle Merton described, and al paNe'. IAerca We of full age and had opacity fit Contract toy description of the Vehicle Ir d erha mWIIa rO a compao e,al correct. the cash downoeymerl aid/a trade-.n aaWance, were aftualy received and ore pan thereof consisted d notes, post.dAled cruelly, alter '.until advanced by us to River a iehales as rumors payments host as to the Buyer flowirmy mmutactotal rebates may Caro lde its a a part of to deenpeymenQ; all warramu:s and e A.mili rt, Ihe,nn are love If— e owing Thereon the Amours Financed plus interest at the Annual Percentage Rate al the Contra[ sod fodh tam.; wW are duly lumma under to 1'rnnsylvama M tin Vehck Saks Toance Act and him duty MMOW with all treatments; Read will impact to the transaction and with BM ledetal Truth-in-Leading Act and with any ,,the, kdetal a deck law, rak or rqulalw applicable to this Convect a motor vehicle Idle aahlicale showing a him or encumbrance in laver d Assigm as been or win be applied for foun dy; the regntra era d the Vehicle has nor been Suspended and The Seller knows of no facts whn;h may result in the suswnsien d aid reran an under the Pennsylvania Motor t'ehnle Fuaaala, Respene,b,hl, MI, ttw Buyeris) named ,n la elhM ColatrXl a (are) permrolly known labor Seller Is be the same identical permnb) wbmse signalurclsf is (are) affixed to Ina t unmet and Steel has no k nowfedge of facts impairing the "biddy w value of the Contract. It any suck walramin or representations daub be breached at any tome, Salver sap n: Pmc hail sad Lonhacl tin. ""Port, oil demand, and will pay therefor, in Usti. Me amount owing Ihemoe, conlpded as sod loath below, and aid re My shelf be cumdaliw and not rrl"'.'++, and shad nM Affect ant aher right or remedy Mal Assignee might haw at law or in enaty against Se4r. In the moat that Buyer lath in refusal b male my payment do Mreonner on Ill esserfmn. either aral or clam, that the Vehicle a defective, not u represented to pie Buyer by Wit,' a, that Seger clans to hem, my wanamy a service agreement of Sella, o' mmdachuer. Seller Agrees Vol on being advised by Assignee d such tlem d Blryer. Sella, Will epU'ct w lye Conltact ham Assignee end Pay AsSiynce for asme mm.ostety in 8=1dalCe with tbt mmincase Items sill forth below. and Shot, louses agrees to ant Assignee a,mkess from any other claims at Buyer, including .Hoeft)e kee, Cass 3110 a:'throw _U'md m defending against clams asi ertod by Beyer and including claims Iw mand of paymena made by Buyer to Anon it the Snake contracts to purchase properly insurance he rebut of the Buyer, and that or urance is Cancelled by the insurance company prior to its scheduled expealion date, SNer will attempt to place caspanbk Coverage with A.Ihei insurance clammy m behalf of the Buyer. It Seller is unable to do m. Seller wilt ra f ly Rover and pay b Buyer any additional mt. incurred by the Buyer in abtatiung new, uremenr,nsvance fa to uoe,rared periad of the arigirur insuriace policy. By delivering the Contract to the Assiee. and accepting payment for it Seger authoress Ike As me to ' a Collect the Idenmrcahnn at the Assignee n this Ass;emeM to affect Ike true Assignee who purchased Mn Contract, and/a to sign Selkfs name to this Assignment. Without 1 the Ass,enmeM has berth delivered wM1hnuf SeNefs pgnalwl. In lhv event that 5.111 is , ji,,ed or the Aulenmem to repurchase Me Contact and/or Vehlrle. Stile, shall pay to Assignee, in cash, the full unpaid balance of ths Contract Sol the rak rA'-".A.. rates an, Iruh ev:bed Mean ca charge ..it my and alp cacti and upenses paid m I..,ad by Assiynn in Inspect Hereto, atc ading rearwards attorneys' Iws• in rem, ra• n won aaims D, or aea;ntt am Outer, Aunt, or persons m possesses of Ia Vehk;k m d/a h; a apirW Seller. I °, :,Iiw xcervod. Stier h.I,F, NIls, asset and famous unfair* Ass.erm ,Is uCCcei rs and .•,vai the ether Contract. all moneys One and to become it., tioreundyr, and art and interest In no I.. „. v=mcle Limn described, when lull power on the Asmenee in its nr ,- or- to take swh local a adore, action Which ...night have taken sire to, this j!i-Ill U.'- Sena ii-m- - '. -,aril of the endorsements below, [Mira 'WITH LULL RECOURSE' ?i WITH REPURCHASE-" Selle,'s assignment shall, c-pt IN the provisions at the h1A.Yl 1, 1 ...I Lout....... I. U# I I?'NIUI flit, HE COURSE -S. -I-, ;,, Is Thal. It adthon to to, paragraph raw onto "Assignment ^ la event of fttau0 by Buyer fan [be full payment on the due date Ian.l d am .rte A.M. It I-bk unite, vie i ..,, .,,.t I. in the prom Dl pe,lormame of any other nbhgolron b he n: 'oim.d umer the Contract by Outer. Stlkr writ on demand by Assign., loilheth y ni 1 . IM ronlactloore A ',•e le, a mprl_base price, in ask <-Volvo ax Set forth above lie 0 4y1 11 I l U CHASE Smm tltal. Is adollars la It. pl.,-..s of the pane.oh Above t L::.: "4:s ganenl" in to event of any delawt by Mari, Which shall enfdk Asaalace to r.{w, II V001 S. V.n.Cle S Iepoedessed by Alumme and delver d 10 $ m• -?o wamid regard 10 IM fife crMd,a, of the VCmcle, firthwm repuchaie IIH .rn(( -1 It., vehlc4 rtOUrC.se Once. ,n cask computed as ill fair, ran. I'• ? ?A.y, ? Wlaw, In Ih. I-,. k of He Ainynmenl Date r(wa M1: - CONFIDENTIAL - Pyramid Report PAGE 1 4 Executive Campus, Cheny Hill, NJ 08002 866-366-8308 Company. CBA INFORMATION SOLUTIONS Co. #. 01 Prepared for MEMBERS FIRST FCU Subscriber#: 6702130 Case Report Type: INDIVIDUAL Report#: 26434965 Ordered: 3/20/06 Released., 3/20/06 Credit and Public Source(s): XPN TU EFX Processor: 5010CEA634 Cost: $10.58 Applicant: COURTNEY E GENISE Appl. SS #: 048-54-7384 DOB/Age: Co-Applicant: Co-Appl. SS #: DOB/Age: Current Address: 538 N BEDFORD ST Prey. Address: CARLILSE, PA 17013 ASSN SUBSCRIBER NAME SUBSCRIBER t OPEN DATE TYPE PRESENT STATUS •or PYNT RECORD CODE AMOUNT I Wn wT uvo PAST DUE ACCOUNT NUMBER STATUS COMMENT STATUS TalYS rAwerr Pit= - - - DATE, ?A?AYCE 307 6 OF 90T PROFILE Legal Items...... 0 Past Due Amts.... $1400 Tradelines.... 22 Ings/l Year..... I Mortgage Bal..... N/A Mortgage Pmts.... N/A Paid Accts.... 10 Now Derog....... 1 Install Bal...... $30045 Sch/Eat Pmts..... $554 Satis Accts... 20 Was Derog....... 1 Revolving Bal.... N/A Revolving Avail.. loot Not Paid AA... 0 Oldest Trade.... 06/87 RISK SCORES APPLICANTS RISK SCORES... RISK SCORE RANGE EFX FACTA BEACON K 684 FACTOR CODES = 00039,00013,00016,00015 300..850 LAST NAME - GDULA *-FILE VARIATION-* MIDDLE NAME/INITIAL - GENISE TO NEW EMPIRICA = 687 FACTOR CODES = 039,016,002,003 300..850 MIDDLE NAME/INITIAL - GENISE --FILE VARIATION— CITY NAME - CARLISLE XPN FAIR, ISAAC V2 K 700 FACTOR CODES K 39,14,33,24 300..850 The information and credit scoring model may be different DEROGATORY CREDIT A2 CBC MELLON BK BI 0127020 10/00 AUT 05/28/04 19 43 1 1 2 XPI" 27510140 CHARGE OFF 04/04 060 $10736$179 $5004 $1400 • (120 03/04 -? CLOSED AMOUNT CHARGED OFF: 5004 SUBSCRIBER MAY BE CONTACTED BY MAIL ONLY: PO BOX 149, PITTSBURGH PA 15230 A2 GREEN TREE 613FMIS073 11198 SEC 11 81 1 0 0 EFX 88181465 PAID WAS 30 08/05 I/L $0-_-----$0-----'$ff - $0 130-01/04) LINE ITEM ASSOCIATED WITH LAST NAME- GDULA LINE ITEM ASSOCIATED WITH MIDDLE NAME/INITIAL- GENISE TRADE LINES Al G M A C FA 6610020 01/04AUT _---03-/'OT*06._ I1 26 0 0 0 XPN 020904564975 CURR ACCT 03/06 060 $16428273 $9391 $0 SUBSCRIBER MAY BE CONTACTED BY MAIL ONLY: PO BOX 105677, ATLANTA GA 30348 Al PNC BANK B 06613103 10/02 EDU 04 I1 18 0 0 0 TO 4854738400002 CURR ACCT 04/04 I/L $4000: UNKN $ 9 ) $0 PAYMENT DEFERRED CONTINUED... Tl.i .na r.r.n N N.r.• ..tr K r«ws+r. wrn a+ a.row H NK fa4 Cr.IY R.r•n:K Acl(P.ui. ?.. n.sa? .n• N •sn. s. In ell Y.- a s.,,rllni- TIIN r.?.N i+ IwnNn.• in R.. OW ,. RI..11•?..t N tM nr.rt rM !.Y r/.. N Nr1.lr.n?y ttM tY.,m.l'rn l.NWns N, Mpmq Ml M Y l w + S ?n .rm. n sr m .K . r.n. 9.. Ms n A d NNn M.,1 n.s M.. m.N Y .bin .N iN.rm.N+n I,.m s.. s CIA InN m.li i?IWIls N.m .R nlFMM WtGM YIUM INI.uM.l y . b IR...cw... MN,m.li... CAA Inl.rm S.IWNns qNY.. MY sw NirN m.r?.• R.siMnMl Y.Ny.y. Cn4t R.I.N e.mrh wXl IM VA an• '.ANA FMN11 +ts,YKY ul NRR .P fMYA fNIMC U i % . lln 9 , . , . . nNR nr Wna, p M. rilKl ,l- ,l- nur•. MM M.n - cM.M• 1., j.•?.m.nl., I.r.el.s.ns. O.M,gKN++n• e1M, Nr.l .aV.na. VERIFICATION The foregoing document is based upon information which has been gathered by 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 unworn falsification to authorities. 1 ?-Q' COUR Y GENISE Date: June 27, 2006 4 PE'T'ER M. GDULA, PlaintifVRespondent V. COURTNEY GENISE-GDULA, Defendant/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003-4193 CIVIL TERM IN DIVORCE CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached document was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Mark A. Mateya, Esq. Post Office Box 127 Boiling Springs, PA 17007-0127 IRWIN & McKNIGHT By: MarcusrA. Mc t, `Es 60 West Po et Street Carlisle, PA 1 (717) 249-2353 Supreme Court I.D. No. 25476 Date: June 27, 2006 5 ?__ ;^._? - - -- -. =.i _:_ -- f__... .,T " r=' ' ' .. Y ?_ r, '?? _f, ?- rn ?._ -% RECEIVED JUN 28 2006y PETER M. GDULA, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW COURTNEY GENISE-GDULA, NO. 2003-4193 CIVIL TERM Defendant/Petitioner IN DIVORCE ORDER OF COURT AND NOW, this 6 U day of , 2006, upon consideration of the attached Petition for Special Relief, a hearing is hereby scheduled for 2006, in Courtroom No. 'a at ' Ob o'clock $.m., Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. By: 611 1?p PETER M. GDULA, PLAINTIFF/RESPONDENT V. COURTNEY GENISE-GDULA, DEFENDANT/PETITIONER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-4193 CIVIL TERM ORDER OF COURT AND NOW, this ti day of July, 2006, upon agreement of counsel, the hearing on the petition for special relief, IS CONTINUED GENERALLY. By the Edgar B. )46'rcus A. McKnight, III, Esquire For Petitioner AAark A. Mateya, Esquire For Respondent :sal _. ?? IJ ?. ??:.? f f ..????., t, ' ? i X11' ..'(?) A,?, . ? ..r.1 ..,., ..... _'.. r-.--??_t I Y PETER M. GDULA, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW COURTNEY GENISE-GDULA, NO. 2003-4193 CIVIL TERM Defendant/Petitioner IN DIVORCE PRAECIPE TO WITHDRAW PETITION FOR SPECIAL RELIEF TO THE PROTHONTARY: Please withdraw the Petition for Special Relief filed on June 27, 2006 IRWIN & By: MarcujA. McKnight, III, Esquire 60 Wet Pomfret Street Carlisle, PA 17013 (717) 249-2353 Supreme Court I.D. No. 25476 Date: July 27, 2006 1 Y PETER M. GDULA, : IN THE COURT OF COMMON PLEAS OF PlaindfVRespondent : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW COURTNEY GENISE-GDULA, NO. 2003-4193 CIVIL TERM Defendant/Petitioner IN DIVORCE CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached document was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Mark A. Mateya, Esq. P. O. Box 127 Boiling Springs, PA 17007 By: 60 WNst Pomfret Street Carlisle, PA 17013 (717) 249-2353 Supreme Court I.D. No. 25476 Date: July 27, 2006 2 IRWIN & McKNIGHT In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION COURTNEY GENISE-GDULA ) Docket Number 03-4193 CIVIL Plaintiff ) VS. ) PACSES Case Number 230105856 PETER M. GDULA ) Defendant ) Other State ID Number PETITION FOR MODIFICATION OF AN EXISTING SUPPORT ORDER 1. The petition of PETER M. GDULA respectfully represents that on NOVEMBER 10, 2003 , an Order of Court was entered for COURTNEY GENISE-GDULA A true and correct copy of the order is attached to this petition. Service Type M Form OM-501 Worker ID 21205 Alf "% GENISE-GDULA V. GDULA PACSES Case Number: 230105856 2. Petitioner is entitled to O increase 0 decrease 0 termination 0 reinstatement 0 other of this Order because of the following material and substantial change(s) in circumstance: 17?6? y N &J AVIIX-CO-U C IAAIt itoA,< Tb(A pp-ol ,J f" t??^Puj r• c?.? HX,K- FR4A4 Z-o KrS P"sas i P L4CL5 c r- Fv2 4-Al ZtnG-rC JrYd rc,KC?' Pt3kSo!?, P I XX,4) trW MS No ; Pr urn KUXR- G i r?zM. P:bJL !t Aa?cd?Y,4/y? of 7-P9 "b45F6NaAA.P-Ps M.3rw-rT*,9,Y I`60'zoA.) TX.Nr SKI cv s AU)4i-DB?b rd -7-kb FrN.FL D.xvo?4r '4=T U)g.,t ()Vuk ©d 6' (1tlA_ A,&o `z' qd +6,& 446t?s,?r was ,s ?G-?? . (? F? y1 ??`S Sn? Fo R-M.?N .?itt'c3 ?? Tti.S ?v P G LFs ?j WHEREFORE, Petitioner requests that the Court modify the existing order LA3A/I--,, Petitioner Attorney for Petitioner I verify that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsification to authorities. Sl«/o7 Date Service Type M Petitioner Page 2 of 2 Form OM-501 Worker ID 21205 N ?ry 1 C Q PETER M. GDULA, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 03-4193 CIVIL TERM COURTNEY GENISE-GDULA, IN DIVORCE Defendant/Respondent PACSES Case Number: 230105856 ORDER OF COURT AND NOW, this 17th day of May 2007, a petition has been filed against you, Courtney Genise- Gdula, 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, onJune 6, 2007 at 10:30 A.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 W2'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 Courtmay issue a warrant for your arrest. BY THE COURT, Edgar B. Bayley, President Judge Copies mailed to: Petitioner Respondent Marcus A. McKnight, II, Esq. Mark Mateya, Esq. Date of Order: May 17, 2007 f nference Officer / Sh day, 6ea I 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 ? a ? ? s _ ?;-? °; _ ?? - r` --- - ?? •? ? =? PETER M. GDULA, Plaintiff/Petitioner vs. COURTNEY GENISE, Defendant/Respondent THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 03-4193 CIVIL TERM, IN DIVORCE PACSES CASE NO: 230105856 ORDER OF COURT AND NOW, this 30th day of May, 2007, 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 June 13, 2007 at 9:00 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 W2'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 1910.1 IC (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 Hannah Herman-Snyder, Esq. Mark Meteya, Esq. Date of Order: May 30, 2007 R. J. S day, onference Officer ?f 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 P-.,) 9A ' ~csl "i PETER M. GDULA, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - DIVORCE NO. 03-4193 CIVIL TERM COURTNEY E. GENISE, IN DIVORCE Defendant PACKS CASE NO.: 230105856 STIPULATION AND AGREEMENT REGARDING ALIMONY This Agreement, made this I'Id-day of , 2007 by and between (/ jr Peter M. Gdula and Courtney E. Genise. WITNESSETH: WHEREAS, the parties were married on June 20, 1981 and divorced on February 7, 2006. WHEREAS, the parties entered into a Marriage Settlement Agreement on January 18, 2006. WHEREAS, alimony pendente lite has been paid by Plaintiff since prior to the parties divorce of February 7, 2006. WHEREAS, the Marriage Settlement Agreement provided for support until such time as a Qualified Domestic Relations Order was processed on behalf of Defendant. WHEREAS, the Qualified Domestic Relations Order has never been processed and parties have agreed to make every effort to finalize a Qualified Domestic Relations Order within ninety (90) days. c t NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth which are hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be i legally bound hereby, covenants and agree as follows: . The current Alimony Pendente Lite obligation of $671.00 per month is hereby made an Order for Alimony and is reduced to $250.00 per month effective July 1, 2007; 2, The monthly support amount shall continue to be collected via wage I attachment by Cumberland County Domestic Relations; 3, The alimony obligation shall terminate on September 13, 2007; and 4. Arrears in the amount of $335.50 are forgiven and Plaintiff shall be credited accordingly. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. WITNESSED BY: Mark A. Mateya squire Date PETER M. GDULA Attorney for Plaintiff - 11A I CID Hannah Herman-Snyder, Esq ire Date COU EY E. GENISE Attorney for Defendant 1 N f?+ s N C, TI O L -T7 CD -^1 accordingly. PETER M. GDULA, Plaintiff V. COURTNEY E. GENISE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 03-4193 CIVIL TERM IN DIVORCE PACSES CASE NO.: 230105856 ORDER OF COURT AND NOW, this day of 2007, upon consideration and review of the attached Stipulation and Agreement regarding Alimony, it is hereby ORDERED and DECREED as follows: 1. The current Alimony Pendente Lite obligation of $671.00 per month is hereby made an Order for Alimony and is reduced to $250.00 per month effective July 1, 2007; 2. The monthly support amount shall continue to be collected via wage attachment by Cumberland County Domestic Relations; 3. The alimony obligation shall terminate on September 13, 2007; and 4. Arrears in the amount of $335.50 are forgiven and Plaintiff shall be credited Cc Mark Mateya, Esquire Attorney for Plaintiff C! 9.09-07 Hannah Herman-Snyder, Esquire Attorney for Defendant bCr i??A%ov'_ss LLJ Ez- -cc ALL] ' Lt- C:) N • 230105856 w ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT 03-4193 CIVIL State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 07/10/07 Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number USF GLEN MOORE TRANSPORT 1711 SHEARER DR CARLISLE PA 17013-9663 RE: GDULA, PETER M. O Original Order/Notice O Amended Order/Notice O Terminate Order/Notice Employee/Obligor's Name (Last, First, MI) 180-48-0346 Employee/Obligor's Social Security Number 2398101220 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. $ 250 . 00 per month in current support $ o . oo per month in past-due support Arrears 12 weeks or greater? Oyes Q no $ 0.00 per month in current and past-due medical support $ 0.00 per month for genetic test costs $ 0.00 per month in other (specify) for a total of $ 250.00 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: $ 57.109 per weekly pay period. $ 11s. per biweekly pay period (every two weeks). $ 125. oo per semimonthly pay period (twice a month). $ 250. oo per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If required by Pennsylvania law (23 PA C.S. § 4374(b)) to remit by electronic payment method, please call Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. Date of Order: DRO: R. J. Shadday Service Type M BY THE COURT: N\ -t ??A ? . r., ge Form EN-028 Rev. OMB No.: 0970-0154 1A1-.1.-. 1n $IATT ??. x ,, ,.. . ? L ? ? i ? i ,K r +'t?? ry ?J r • X L L ? '? b -- ', ? ?` ,? r7 . r\ ? J (? ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS If is ? hecked you are required to provide a copy of this form to your mployee. If yo r employee works in a state that Nerent from the state that issued this order, a copy must be proviSed to your emproyee even if the box is not checed. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* Reporting the Paydate/Date of Withholding. You must report the paydateldate of withholding Mien sendilir, the payllielit. The paydate/date of withholding is the date on which an10U11tVVaS 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. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 2324437600 EMPLOYEE'S/OBLIGOR'S NAME: GDULA, PETER M. EMPLOYEE'S CASE IDENTIFIER: 2398101220 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.C. §1673 (b)1; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. For tribal orders, you may not withhold more than the amounts allowed under the law of the issuing tribe. For tribal employers who receive a state order, you may not withhold more than the amounts allowed under the law of the state that issued the order. 10. Additional Info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11.Submitted By: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 Service Type M If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 OMB No.: 0970-0154 Form EN-028 Rev. 1 Worker I D $ IATT .. ADDENDUM Summary of Cases on Attachment Defendant/Obligor: GDULA, PETER M. PACKS Case Number 230105856 Plaintiff Name COURTNEY GENISE Docket Attachment Amount 03-4193 CIVIL$ 250.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. Addendum Form EN-028 Rev. 1 Service Type M OMB No.: 0970-0154 Worker ID $IATT ?.? ? ? ? ? _?;- ? "C. F.. t .rj ,?,..? ??. '..? "' 1 . 1 '....., i x .._ _ ?:y .? ? ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 07/20/07 Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number USF GLEN MOORE TRANSPORT 1711 SHEARER DR CARLISLE PA 17013-9663 180-48-0346 Employee/Obligor's Social Security Number 2398101220 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ o . op per month in current support $ o . oo per month in past-due support Arrears 12 weeks or greater? Dyes ® no $ 0. 00 per month in current and past-due medical support $ o . 0o per month for genetic test costs $ 0.00 per month in other (specify) for a total of $ o . 00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ o . o o per weekly pay period. $ o . 0o per biweekly pay period (every two weeks). $ o. oo per semimonthly pay period (twice a month). $ o. oo per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). if required by Pennsylvania law (23 PA C.S. § 4374(b)) to remit by electronic payment method, please call Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. Date of Order: J U L 2 SO 2007 DRO: R.J. Shadday Service Type m 230105856 O Original Order/Notice 03-4193 CIVIL O Amended Order/Notice O Terminate Order/Notice RE: GDULA, PETER M. Employee/Obligor's Name (Last, First, MI) BY THE COURT: M.L. Ebert,IJr., Judge Form EN-028 Rev. OMB No.: 0970-0154 \Alnrlsnr I r,% $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? If heck you are required to provide a copy of this form to your m loyee. If yo r employee works in a state that is diferent from the state that issued this order, a copy must be provic?edpto your employee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one 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/E)ate of Withholding. YOU 111t1not repOlt the paydateldate of withholding when sending the payment. The paydate/date of vvit iholding, is the date on whil-11 a1110tilitWaS 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. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 2324437600 EMPLOYEE'S/OBLIGOR'S NAME: GDULA, PETER M. EMPLOYEE'S CASE IDENTIFIER: 2398101220 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employeelobligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Antidiscrimination: You are subject to a fine determined under State law for discharging an employeelobligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.C. §1673 (b)1; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. For tribal orders, you may not withhold more than the amounts allowed under the law of the issuing tribe. For tribal employers who receive a state order, you may not withhold more than the amounts allowed under the law of the state that issued the order. 10. Additional Info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Submitted By: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. SOX 320 CARLISLE PA 17013 Service Type M If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone 4at7 240-6225or by FAX at or by internet dsupport.state.pa.us Page 2 of 2 OMB No.: 0970-0154 Form EN-028 Rev. 1 Worker ID $ IATT .F ADDENDUM Summary of Cases on Attachment Defendant/Obligor: GDULA, PETER M. PACSES Case Number 230105856 Plaintiff Name COURTNEY GENI5E Docket Attachment Amount 03-4193 CIVIL$ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. Service Type M PACSES Case Dumber Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ?If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ?if checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the emplyee's/obligor's employment. Addendum OMB No.: 0970-0154 Form EN-028 Rev. 1 Worker ID $IATT ?.? a"-' ? "t"1 _ _...t ? ?-?. : r ?- ?;,,-- ;,: ?.,., ?.? !' E (nJ ,.,. ?? ? - . ' 'y,,. ? ?? PETER M. GDULA, Plaintiff/Respondent VS. COURTNEY E. GENISE, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 03-4193 CIVIL TERM IN DIVORCE PACSES Case No: 230105856 ORDER OF COURT AND NOW to wit, this 5th day of November 2007, it is hereby Ordered that the remaining Alimony balance is to be paid off at a rate of $100.00 per month. BY THE COURT: N ' -t u4A, ? M. L. Ebert, Jr., J. DRO: R.J. Shadday xc: Petitioner Respondent Form OE-001 Service Type: M Worker: 21005 7, PETER M. GDULA, Plaintiff/Respondent V. COURTNEY GENISE, Defendant/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-4193 CIVIL ACTION -LAW IN DIVORCE PETITION FOR ENFORCEMENT OF MARRIAGE SETTLEMENT AGREEMENT AND NOW comes Petitioner, Courtney E. Genise, the above named Defendant, by and through her attorney, Hannah Herman-Snyder, Esquire, and the law firm of Griffie & Associates and petitions the Court as follows: 1. Petitioner, Courtney E. Genise, is the above named Defendant, an adult individual currently residing at 538 North Bedford Street, Carlisle, Cumberland County, Pennsylvania. 2. The Respondent is Peter M. Gdula, the above named Plaintiff, an adult individual currently residing at 117 Pine Road, Mount Holly Springs, Cumberland County, Pennsylvania. 3. The parties entered into a Marriage Settlement Agreement on January 18, 2006 and were divorced on February 7, 2006. 4. Pursuant to paragraph fifteen (15) of the Marriage Settlement Agreement, "Husband agrees to relinquish and transfer to Wife forty-three and four tenths (43.4%) interest in his military pension account. Husband agrees to execute the proper Qualified Domestic Relations Order (hereinafter referred to as "QDRO") to effect this transfer, and incorporates for the QDRO to be drafted in accordance with these terms herein by reference. Husband will provide Wife with the elective survivor benefit for his military retirement." 5. Respondent, at all times through the divorce proceedings, has been represented by Mark Mateya, Esquire. 6. Petitioner was represented by Marcus McKnight, III, Esquire, through the divorce proceedings, having retained undersigned counsel on or about May of 2007. 7. Upon undersigned counsel being retained, it became apparent that the Domestic Relations Order had never been processed, nor was the necessary paperwork completed such that Wife was appropriately designated with the Survivor Benefit Plan (hereinafter referred to as "SBP") and upon submitting the paperwork in regards to the SBP, it was determined that a year had passed from the date of the Divorce Decree such that the SBP could no longer be selected. 8. Following negotiations between counsel, undersigned counsel suggested the parties stipulate to the entry to an amended Divorce Decree to obtain a new date and proceed with processing the Domestic Relations Order, including the SBP designation, in the form which is attached hereto and incorporated by reference as Exhibit "A". 9. Respondent's counsel responded that this was acceptable, and acknowledged that the Domestic Relations Order needed to be processed; however, he was not going to advise his client to sign either the Domestic Relations Order, with or without the SBP provision, and/or a stipulation regarding an amended Divorce Decree until Respondent paid numerous attorney's fees, including those which Respondent believes Petitioner is responsible for from much earlier in the divorce proceedings, and which were never pursued in earlier litigation. 10. Petitioner believes and therefore avers that the payment of attorney's fees is separate and distinct from proceeding with the signing of the Domestic Relations Order and the request for an amended Divorce Decree such that the Respondent is in compliance with the SBP provision of the Marriage Settlement Agreement. 11. In regards to prior Judges involved with the above matter, Judge Bayley signed a recent Support Stipulation in regards to the above matter. WHEREAS, Petitioner requests this Honorable Court enforce the parties' Marriage Settlement Agreement of January 18, 2007, by Ordering and Directing Husband to sign the Domestic Relations Order in the form attached, including the survivor benefit selection, after such time as the Honorable Court enters an Order amending the prior Divorce Decree to a current date. Respectfully Submitted, ti. Hannah Herman-Snyder, Esq ire Attorney for Defendant/Petitioner GRIFFIE AND ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 PETER M. GDULA, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2003-4193 COURTNEY GENISE, CIVIL ACTION - LAW Defendant IN DIVORCE STIPULATION AND AGREEMENT IT IS HEREBY ORDERED AS FOLLOWS: 1. Acknowledgment: The parties acknowledge that PETER M. GDULA is currently receiving a military retirement benefit based on his service in the United States Air Force. The parties further agree that his former spouse, COURTNEY GENISE, has an interest in such military retirement benefits, and shall receive from PETER M. GDULA's disposable military retired pay an amount as set forth below. Further, PETER M. GDULA shall assist COURTNEY GENISE in submitting any application(s) necessary to secure her share of his disposable military retired pay as awarded herein. 2. Member Information: The "Member" as referred to herein is PETER M. GDULA Address: 117 Pine Road, Mount Holly Springs, PA 17065 Social Security Number: xxx-xx-xxxx 3. Former Spouse Information: The "Former Spouse" as referred to herein is COURTNEY GENISE Address: 538 North Bedford Street, Carlisle, PA 17013 Social Security Number: xxx-xx-xxxx The Former Spouse and Member were married on June 20, 1981. 4. Assignment of Benefits: The Member assigns to the Former Spouse an interest in the Member's disposable military retired pay. The Former Spouse is entitled to a direct payment in the amount specified below and shall receive payments at the same times as the Member. 5. Member's Rights: Member's Rights under the Soldier's and Sailors' Civil Relief Act of 1940 (50 U.S.C.§521) were observed by the Court as evidenced by the presence of his legal counsel at the proceedings. 6. Amount of Payments: This Order assigns to Former Spouse an amount equal to 43.4 percent of the Member's disposable retired pay per month, which is gross retired pay less authorized deductions with said deductions to be agreed upon between the parties. Said amount shall be paid directly to Former W 4 Spouse as a direct allotment from the Defense Finance and Accounting Service (DFAS) and she shall be responsible for all tax consequences. In addition to the above, the Former Spouse shall receive a proportionate share of any post- retirement cost of living adjustments ("COLA") made to the Members benefits on or after the date of this Order. 7. Duration of Payments: The Former Spouse shall begin to receive her share of the benefits as soon as administratively feasible following the date that this Order is approved by DFAS or the appropriate Military Pay Center. The Former Spouse shall continue to receive such benefits during the joint lives of the parties, and, to the extent permitted under law, they shall terminate only upon the death of either Member or Former Spouse. Former Spouse shall designate a beneficiary to receive her benefits upon her death as may be permitted by applicable law. As permitted by law, Former Spouse names Jason M. Genise-Gdula and Matthew A. Genise-Gdula as beneficiaries to equally receive her benefits described herein upon her death. 8. Survivor Benefit Plan ("SBP") Protection for Former Spouse: The Court hereby orders that the Former Spouse shall be treated as the Member's irrevocable beneficiary under the Survivor Benefit Plan ("SBP"). The Member shall be required to make the necessary election in a timely manner to effectuate the SBP coverage for the Former Spouse and shall execute such paperwork as is required. The level of SBP coverage required for the Former Spouse shall be that which will provide her with the same benefit payments after the Member's death that she was eligible to receive or receiving before his death. 9. Jurisdiction: The jurisdictional requirements of 10 USC Section 1408 have been complied with, and this order has not been amended, superseded, or set aside by any subsequent order. 10. Duration of Marriage Acknowledgment (Compliance with 10 / 10 Rule): The Member and the Former Spouse acknowledge that they have been married for a period of more than ten years during which time the Member performed more than ten years of creditable military service. The parties were married on June 20, 1981 and divorced on February 7, 2006. II. MISCELLANEOUS PROVISIONS 11. Overpayments: The Former Spouse agrees that any future overpayments to her are recoverable and subject to involuntary collection from her estate. 12. Notification: The Former Spouse agrees to notify DFAS about any changes in this Qualifying Court Order or the order affecting these provisions of it, or in the eligibility of any recipient receiving benefits pursuant to it. 13. Qualifications: The Member and the Former Spouse intend that this order qualify under the Uniformed Services Former Spouses' Protection Act, 10 U.S.C. Section 1408 and following. All provisions shall be construed and modified to the extent necessary in order to qualify as a Qualifying Court Order. 14. Continued Cooperation of Member: The Member agrees to cooperate with the Former Spouse to prepare an application for direct payment to the Former Spouse from the Member's retired or retainer pay pursuant to 10 U.S.C. Section 1408. The Member agrees to execute all documents that the United States Air Force may require to certify that the disposable military retired pay can be provided to the Former Spouse. 15. Merger of Benefits and Indemnification: The Member agrees not to merge the Member's disposable military retired pay with any other pension and not to pursue any course of action that would defeat the Former Spouse's right to receive a portion of the disposable military retired pay of the Member. The Member agrees not to take any action by merger of the military retirement pension so as to cause a limitation in the amount of the total retired pay in which the Member has a vested interest and, therefore, the Member will not cause a limitation of the Former Spouse's monthly payments as set forth above. If the Member becomes employed or otherwise has his military pension merged, which employment or other condition causes a merger of the Member's disposable military retired pay, the Member will pay to the Former Spouse directly the monthly amount provided in Paragraph 6, under the same terms and conditions as if those payments were made pursuant to the terms of this order. 16. Direct Payment By Member: If in any month, direct payment is not made to spouse by DFAS (or the appropriate military pay center) pursuant to the terms of this Order, Member shall pay the amounts called-for above directly to Former Spouse by the fifth day of each month in which the military pay center fails to do so, beginning on the date that Former Spouse would have otherwise been entitled to commence her payments. This includes any amounts received by the Member in lieu of disposable retired pay, including but not limited to, any amounts waived by Member in order to receive Veterans Administration (i.e., disability) benefits or any amounts received by Member as a result of an early-out provision, such as VSI or SSB benefits. 17. Actions by Member: If Member takes any action that prevents, decreases, or limits the collection by Former Spouse of the sums to be paid hereunder, he shall make payments to Former Spouse directly in an amount sufficient to neutralize, as to Former Spouse, the effects of the actions taken by Member. 18. Submission of Information: The parties acknowledge that the following items must be sent by the former Spouse to DFAS (Cleveland Center), located at P.O. Box 998002, Cleveland, Ohio 44'99-8002. The Member agrees to provide any of this information to the Former Spouse at the Former Spouse's request and to make all necessary efforts to obtain any of this information that the Former Spouse is unable to obtain. (a) A copy of this Qualifying Court Order that divides retired pay and any decree that approves this order certified within ninety (90) days immediately preceding its service on the applicable military pay center for the United States Air Force. (b) A statement by the Former Spouse which verifies that the divorce decree has not been modified, superseded or set aside. (c) The parties' marriage certificate. (d) The Member's name, social security number, date of birth and name of the military service. (e) The Former Spouse's name, address and social security number. 19. Continued Jurisdiction: The Court shall retain jurisdiction to enter such further orders as are necessary to enforce the award to spouse of the military retirement benefits awarded herein, including the recharacterization thereof as a division of Civil Service or other retirement benefits, or to make an award of alimony in the event that the Member or DFAS fail to comply with the provisions contained above requiring said payments to Former Spouse by any means, including the application for a disability award or filing of bankruptcy, or if military or government regulations or other restrictions interfere with payments to Former Spouse as set forth herein. Furthermore, the court retains jurisdiction to enter further orders, including nun pro tunc orders, that are just and equitable so long as the orders are not inconsistent with any other provisions of the Decree. 20. Discovery: The Member hereby waives any privacy or other rights as may be required for Former Spouse to obtain information relating to Member's date and time of retirement, last unity assignment, final rank, grade and pay, present or past retired pay, or other such information as may be required to enforce the award made herein, or required to revise this order so as to make it enforceable. 21. Definition of Military Retirement: For the purposes of interpreting this Court's intention in making the division set out in this Order, "military retirement" includes retired pay paid or to which Member would be entitled for longevity of active duty and/or reserve component military service and all payments paid or payable under the provisions of Chapter 18 or Chapter 61 of Title 10 of the United States Code, before any statutory, regulatory, or elective deductions are applied. For purposes of calculating the Former Spouse's share of the benefits awarded to her by the Court, the marital property interest of the Former Spouse shall also include a pro-rata share of all amounts the Member actually or constructively waives or forfeits in any manner and for any reason or purpose, including, but not limited to, any waiver made in order to qualify for Veterans administration or disability benefits. It also includes a pro-rata share of any sum taken by Member in lieu of or in addition to his disposable retired pay, including, but not limited to exit bonuses, voluntary separation incentive pay (VSI), special separation benefit (SSB), or any other form of retirement benefits attributable to separation from military service. Such pro-rata share shall be based on the same formula, percentage or amounts specified in Section 5 above, as applicable. In the event that DFAS will not pay the Former Spouse directly all or a portion of the benefits awarded to her herein, then Member shall be required to pay her directly in accordance with the terms and provisions set forth in Section 15 above. IT IS SO ORDERED, J. VERIFICATION I verify that the statements made in the foregoing document 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 falsifications to authorities. DATE: 1? 2?5 C 1'?4 Cab I COURTNEY GEN SE PETER M. GDULA, IN THE COURT OF COMMON PLEAS Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2003-4193 COURTNEY GENISE, CIVIL ACTION -LAW Defendant/Petitioner IN DIVORCE CERTIFICATE OF SERVICE I, Hannah Herman-Snyder, Esquire, hereby certify that I did, the A!j day of January, 2008, cause a copy of Petitioner's Petition for Enforcement of Marriage Settlement Agreement to be served upon Respondent's counsel by first-class mail, postage prepaid and via facsimile at the following address: Mark A. Mateya, Esquire P.O. Box 127 Boiling Springs, PA 17007 Facsimile: 241-3099 DATE: - ?L{ - 6J Hannah Herman-Snyder, Es uire Attorney for Defendant/Petitioner GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717)243-5551 (800)347-5552 ;w t; ?A La.- 0 -p? PETER M. GDULA, PLAINTIFF/RESPONDENT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. COURTNEY GENISE, DEFENDANT/PETITIONER : 03-4193 Civil Term ORDER OF COURT AND NOW, this Z, day of January, 2008, a Rule is entered against Peter M. Gdula, to show cause why the relief requested in the within petition should not be granted. Rule returnable at a hearing to be conducted in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania at 1:30 p.m., Wednesday, February 6, 2008. By Edgar B. Bayley, J. Hannah Herman-Snyder, Esquire For Defendant/Petitioner Mark Mateya, Esquire For Plaintiff/Respondent sal Mal& P CD s w ? G; c? PETER M. GDULA, Plaintiff/Respondent V. COURTNEY GENISE, Defendant/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-4193 CIVIL ACTION -LAW IN DIVORCE PETITION FOR CONTINUANCE AND NOW, comes Petitioner, Hannah Herman-Snyder, Esquire, and petitions the Court as follows: 1. Your Petitioner is Hannah Herman-Snyder, attorney for the above named Defendant/Petitioner, Courtney Genise. 2. A hearing has been scheduled in the above matter for Wednesday, February 6, 2008 at 1:30 p.m. in Courtroom No. 2. 3. Petitioner is unavailable due to a previously scheduled court appearance. 4. Petitioner requests that the matter be continued to a later date convenient for all parties and counsel. 5. Mark Mateya, Esquire, counsel for Plaintiff/Respondent concurs in the relief requested as he is also scheduled for court appearances on the day and time scheduled for the hearing in the above matter. 6. Judge Bayley issued the Order scheduling a hearing on the pending Petition for Enforcement of Marriage Settlement Agreement. WHEREFORE, Petitioner requests your Honorable Court to continue the hearing previously scheduled in this matter for Wednesday, February 6, 2008 at 1:30 p.m. to a date convenient for all parties and counsel. Respectfully submitted, Date Hannah Herman-Snyder, Esq re Attorney for Defendant/Petitioner GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document 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 falsifications to authorities. DATE: L I Ll - 0'S HANNAH HERMAN-SNYD R, ESQUIRE a ' ' ' ca :?3; l -,?s e ? -1 ;'+? ?. t" ?` r? ?4. . r h JAN 2 9 2008 PETER M. GDULA, IN THE COURT OF COMMON PLEAS Plaintiff/Respondent CUMBERLAND COUNTY, : PENNSYLVANIA V. NO. 2003-4193 COURTNEY GENISE, CIVIL ACTION -LAW Defendant/Petitioner IN DIVORCE ORDER OF COURT AND NOW, this Ykd'ay of 2008, upon presentation and consideration of the within Petition, IT IS HEREBY ORDERED AND DIRECTED that the hearing previously scheduled in this matter for Wednesday, February 6, 2008, at 1:30 p.m. in Courtroom No. 2 of the Cumberland C=;4this Courthouse, Carlisle o'er Pe nnsylvania is continued. The hearing is rescheduled for day of 7?wq_xz? , 2008 at 1*30 o'clock _?.m. in Courtroom No. Cl- of the Cumberland County Courthouse, Carlisle, Pennsylvania. Cc: Mark A. Mateya, Esquire Attorney for Plaintiff Hannah Herman-Snyder, Esquire Attorney for Defendant c? ry PETER M. GDULA, PLAINTIFF/RESPONDENT V. COURTNEY GENISE, DEFENDANT/PETITIONER AND NOW, this IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-4193 Civil Term ORDER COURT ?S day of January, 2008, a hearing on the within matter shall be conducted in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania at 8:45 a.m., Wednesday, April 30, 2008 By theme v/Hannah Herman-Snyder, Esquire For Defendant/Petitioner 'Mark Mateya, Esquire For Plaintiff/Respondent :sal COP CES eYI ?A LCAL 3/r Ilog C 0? V%14 Edgar B. Bayley, J. ? cj . cap ? T U - - 2 cx? t D s;,s c° U -.. PETER M. GDULA, Plaintiff/Respondent V. COURTNEY GENISE, Defendant/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-4193 CIVIL ACTION - LAW IN DIVORCE ORDER OF COURT AND AMENDED DIVORCE DECREE AND NOW this .'' day of 12008, upon presentation and consideration of the Petitioner's Petition for Enforcement of Marital Settlement Agreement and hearing held this day, IT IS HEREBY ORDERED AND DIRECTED as follows: 1. The Decree in Divorce issued in the above referenced matter, dated February 7, 2006, is hereby ratified and affirmed in all respects, including incorporation of the terms of the Settlement Agreement between the parties, and an Amended Divorce Decree is issued this day. 2. Pursuant to paragraph fifteen (15) of the Marriage Settlement Agreement, whereby "Husband agree[d] to relinquish and transfer to Wife forty-three and four tenths (43.4%) interest in his military pension account. Husband agree[d] to execute the proper Qualified Domestic Relations Order (hereinafter referred to as "QDRO") to effect this transfer, and incorporates for the QDRO to be drafted in accordance with these terms herein by reference. Husband will provide Wife with the elective survivor benefit for his military retirement," Husband shall execute the QbRO effectuating said agreement. E? IWW 3. The service member is Peter M. Gdula, with a Social Security Number of 180-48-0346. The beneficiary of the survivor benefit plan (SBP) is Courtney E. Genise. The retired pay office, DFAS, is authorized to implement Courtney E. Genise's election of survivor's benefits in connection with the pension of Peter M. Gdula in accordance with this order. Bayley cc: Hannah Herman-Snyder, Esquire Attorney for Defendant/Petitioner Mark Mateya, Esquire / Attorney for Plaintiff/Respondent d ? y - 36 ; - 0 0'1's A ' 0 ? I : In of ai JZ PETER M. GDULA, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2003-4193 COURTNEY GENISE, CIVIL ACTION -LAW Defendant IN DIVORCE DOMESTIC RELATIONS ORDER STIPULATION AND AGREEMENT IT IS HEREBY ORDERED AS FOLLOWS: 1. Acknowledgment: The parties acknowledge that PETER M. GDULA is currently receiving a military retirement benefit based on his service in the United States Air Force. The parties further agree that his former spouse, COURTNEY E. GENISE, has an interest in such military retirement benefits, and shall receive from PETER M. GDULA's disposable military retired pay an amount as set forth below. Further, PETER M. GDULA shall assist COURTNEY E. GENISE in submitting any application(s) necessary to secure her share of his disposable military retired pay as awarded herein. 2. Member Information: The "Member" as referred to herein is PETER M. GDULA Address: 117 Pine Road, Mount Holly Springs, PA 17065 Social Security Number: 180-48-0346 3. Former Spouse Information: The "Former Spouse" as referred to herein is COURTNEY E. GENISE Address: 538 North Bedford Street, Carlisle, PA 17013 Social Security Number: 048-54-7384 The Former Spouse and Member were married on June 20, 1981. 4. Assignment of Benefits: The Member assigns to the Former Spouse an interest in the Member's disposable military retired pay. The Former Spouse is entitled to a direct payment in the amount specified below and shall receive payments at the same times as the Member. 5. Member's Rights: Member's Rights under the Soldier's and Sailors' Civil Relief Act of 1940 (50 U.S.C.§521) were observed by the Court as evidenced by the presence of his legal counsel at the proceedings. 6. Amount of Payments: This Order assigns to Former Spouse an amount equal to 43.4 percent of the Member's disposable retired pay per month, which is gross retired pay less authorized deductions with said deductions to be agreed upon between the parties. Said amount shall be paid directly to Former Spouse as a direct allotment from the Defense Finance and Accounting Service (DFAS) and she shall be responsible for all tax consequences. In addition to the above, the Former Spouse shall receive a proportionate share of any post-retirement cost of living adjustments ("COLA") made to the Members benefits on or after the date of this Order. 7. Duration of Payments: The Former Spouse shall begin to receive her share of the benefits as soon as administratively feasible following the date that this Order is approved by DFAS or the appropriate Military Pay Center. The Former Spouse shall continue to receive such benefits during the joint lives of the parties, and, to the extent permitted under law, they shall terminate only upon the death of either Member or Former Spouse. Former Spouse shall designate a beneficiary to receive her benefits upon her death as may be permitted by applicable law. As permitted by law, Former Spouse names Jason M. Genise-Gdula and Matthew A. Genise-Gdula as beneficiaries to equally receive her benefits described herein upon her death. 8. Survivor Benefit Plan ("SBP") Protection for Former Spouse: The Court hereby orders that the Former Spouse shall be treated as the Member's irrevocable beneficiary under the Survivor Benefit Plan ("SBP"). The Member shall be required to make the necessary election in a timely manner to effectuate the SBP coverage for the Former Spouse and shall execute such paperwork as is required. The level of SBP coverage required for the Former Spouse shall be that which will provide her with the same benefit payments after the Member's death that she was eligible to receive or receiving before his death. 9. Jurisdiction: The jurisdictional requirements of 10 USC Section 1408 have been complied with, and this order has not been amended, superseded, or set aside by any subsequent order. 10. Duration of Marriage Acknowledgment (Compliance with 10 / 10 Rule): The Member and the Former Spouse acknowledge that they have been married for a period of more than ten years during which time the Member performed more than ten years of creditable military service. The parties were married on June 20, 1981 and divorced on February 7, 2006. II. MISCELLANEOUS PROVISIONS 11. Overpayments: The Former Spouse agrees that any future overpayments to her are recoverable and subject to involuntary collection from her estate. 12. Notification: The Former Spouse agrees to notify DFAS about any changes in this Qualifying Court Order or the order affecting these provisions of it, or in the eligibility of any recipient receiving benefits pursuant to it. 13. Qualifications: The Member and the Former Spouse intend that this order qualify under the Uniformed Services Former Spouses' Protection Act, 10 U.S.C. Section 1408 and following. All provisions shall be construed and modified to the extent necessary in order to qualify as a Qualifying Court Order. 14. Continued Cooperation of Member: The Member agrees to cooperate with the Former Spouse to prepare an application for direct payment to the Former Spouse from the Member's retired or retainer pay pursuant to 10 U.S.C. Section 1408. The Member agrees to execute all documents that the United States Air Force may require to certify that the disposable military retired pay can be provided to the Former Spouse. 15. Merger of Benefits and Indemnification: The Member agrees not to merge the Member's disposable military retired pay with any other pension and not to pursue any course of action that would defeat the Former Spouse's right to receive a portion of the disposable military retired pay of the Member. The Member agrees not to take any action by merger of the military retirement pension so as to cause a limitation in the amount of the total retired pay in which the Member has a vested interest and, therefore, the Member will not cause a limitation of the Former Spouse's monthly payments as set forth above. If the Member becomes employed or otherwise has his military pension merged, which employment or other condition causes a merger of the Member's disposable military retired pay, the Member will pay to the Former Spouse directly the monthly amount provided in Paragraph 6, under the same terms and conditions as if those payments were made pursuant to the terms of this order. 16. Direct Payment By Member: If in any month, direct payment is not made to spouse by DFAS (or the appropriate military pay center) pursuant to the terms of this Order, Member shall pay the amounts called-for above directly to Former Spouse by the fifth day of each month in which the military pay center fails to do so, beginning on the date that Former Spouse would have otherwise been entitled to commence her payments. This includes any amounts received by the Member in lieu of disposable retired pay, including but not limited to, any amounts waived by Member in order to receive Veterans Administration (i.e., disability) benefits or any amounts received by Member as a result of an early-out provision, such as VSI or SSB benefits. 17. Actions by Member: If Member takes any action that prevents, decreases, or limits the collection by Former Spouse of the sums to be paid hereunder, he shall make payments to Former Spouse directly in an amount sufficient to neutralize, as to Fortner Spouse, the effects of the actions taken by Member. 18. Submission of Information: The parties acknowledge that the following items must be sent by the former Spouse to DFAS (Cleveland Center), located at P.O. Box 998002, Cleveland, Ohio 44'99-8002. The Member agrees to provide any of this information to the Former Spouse at the Former Spouse's request and to make all necessary efforts to obtain any of this information that the Former Spouse is unable to obtain. (a) A copy of this Qualifying Court Order that divides retired pay and any decree that approves this order certified within ninety (90) days immediately preceding its service on the applicable military pay center for the United States Air Force. (b) A statement by the Former Spouse which verifies that the divorce decree has not been modified, superseded or set aside. (c) The parties' marriage certificate. (d) The Member's name, social security number, date of birth and name of the military service. (e) The Former Spouse's name, address and social security number. 19. Continued Jurisdiction: The Court shall retain jurisdiction to enter such further orders as are necessary to enforce the award to spouse of the military retirement benefits awarded herein, including the recharacterization thereof as a division of Civil Service or other retirement benefits, or to make an award of alimony in the event that the Member or DFAS fail to comply with the provisions contained above requiring said payments to Former Spouse by any means, including the application for a disability award or filing of bankruptcy, or if military or government regulations or other restrictions interfere with payments to Former Spouse as set forth herein. Furthermore, the court retains jurisdiction to enter further orders, including nun pro tunc orders, that are just and equitable so long as the orders are not inconsistent with any other provisions of the Decree. 20. Discovery: The Member hereby waives any privacy or other rights as may be required for Former Spouse to obtain information relating to Member's date and time of retirement, last unity assignment, final rank, grade and pay, present or past retired pay, or other such information as may be required to enforce the award made herein, or required to revise this order so as to make it enforceable. 21. Definition of Military Retirement: For the purposes of interpreting this Court's intention in making the division set out in this Order, "military retirement" includes retired pay paid or to which Member would be entitled for longevity of active duty and/or reserve component military service and all payments paid or payable under the provisions of Chapter 18 or Chapter 61 of Title 10 of the United States Code, before any statutory, regulatory, or elective deductions are applied. For purposes of calculating the Former Spouse's share of the benefits awarded to her by the Court, the marital property interest of the Former Spouse shall also include a pro-rata share of all amounts the Member actually or constructively waives or forfeits in any manner and for any reason or purpose, including, but not limited to, any waiver made in order to qualify for Veterans administration or disability benefits. It also includes a pro-rata share of any sum taken by Member in lieu of or in addition to his disposable retired pay, including, but not limited to exit bonuses, voluntary separation incentive pay (VSI), special separation benefit (SSB), or any other form of retirement benefits attributable to separation from military service. Such pro-rata share shall be based on the same formula, percentage or amounts specified in Section 5 above, as applicable. In the event that DFAS will not pay the Former Spouse directly all or a portion of the benefits awarded to her herein, then Member shall be required to pay her directly in accordance with the terms and provisions yet forth in Section 15 above. s.- COURTNEY E GE SE PETER GDULA AN YDER, ESQUIRE Y 1h? ? - MARK A. MATEY SQUIRE A tti '1 s'._! 'I fit JO } t ? PETER M. GDULA, PLAINTIFF/RESPONDENT V. COURTNEY GENISE, DEFENDANT/PETITIONER PACSES CASE NO. 230105856 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATION SECTION CIVIL ACTION - IN DIVORCE DOCKET NO: 03-4193 CIVIL ORDER OF COURT AND NOW, this 22nd day of May 2008, the Court being informed by the Domestic Relations Section that the arrears have been paid in full, IT IS HEREBY ORDERED AND DIRECTED that the above captioned case be closed. This Order shall become final twenty days after the mailing of the notice of the entry of the order to the parties unless either party files a written demand with the Domestic Relations Section for a hearing de novo before the Court. BY THE COURT, U4 - r?\ -L M. L. Ebert, Jr., Judg DRO: R.J. Shadday xc: plaintiff and defendant Mark A. Mateya, Esq. Bradley L. Griffie, Esq. Form OE-001 Service Type M Worker ID 21005 e-a C3 c? ? ?-? ? ==< -? _ru,#; , _ --a x t?Zr , ? ?' ? -? _ =; ?;: ;`> = ' - i"i"i ? C,J -i - ;'' wr- ?i C? ' ?J E ? lk -M ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Penn yl_ania Cc,./City/Dist. Of CUMBERLAND Date of Order/Notice 05/21/08 Crse Number (See Addendum for case summary) Em oloyer/4Vithholder's Federal EIN Number RE: GDULA, PETER M. JFC TEMPS INC* 1520 MARKET ST CAMP HILL PA 17011-4815 03-4193 CIVIL O Original Order/Notice O Amended Order/Notice 0 Terminate Order/Notice Employee/Obligor's Name (Last, First, MI) 180-48-0346 Employee/Obligor's Social Security Number 2398101220 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ _ 0.00 per month in current support $ _ o . oo per month in past-due support Arrears 12 weeks or greater? Dyes ® no $ - o . 00 per month in current and past-due medical support $ __ , 0 o per month for genetic test costs $ o. oo per month in other (specify) for a total of $ 0. 00 per month to be orwar 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 crdered support payment cycle, use the following to determine how much to withhold: $ per weekly pay period. $ _.o. o o per biweekly pay period (every two weeks). $_.o. o0 per semimonthly pay period (twice a month). $ _ o . oo per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Orde /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 aggrel;ate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If required by Pennsylvania law (23 PA C.S. § 4374(b)) to remit by electronic payment method, please call Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: Date 01: Order: MAY 2 2 2008 DRO: R.J. SHADDAY Service! Type M L -t I M. L. EBI?RT, JR., J UXIE Form EN-028 Rev OMB No.: 0970-0154 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? Ifghecked you are required to provide gopy of this form to your m loyee. If yo r employee zrks in a state that is di Brent rom the state that issued this or er, a copy must be provides to your employee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4. * Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 2322201350 EMPLOYEE'S/OBLIGOR'S NAME: GDULA PETER M. EMPLOYEE'S CASE IDENTIFIER: 2398101220 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. 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 0 5 U.S.C. §1673 (b)1; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. For tribal orders, you may not withhold more than the amounts allowed under the law of the issuing tribe. For tribal employers who receive a state order, you may not withhold more than the amounts allowed under the law of the state that issued the order. 10. Additional Info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Submitted By: If you or your employee/obligor have an questions, RELATIONS SECTION contact WAGE ATTACHMENT UNIT13 N. HANOVER ST by telephone at (717) 240-6225 or P.O. BOX 320 by FAX at (717) 240-6248 or CARLISLE PA 17013 by internet www. -hildsu pport.state pa us Page 2 of 2 Form EN-028 Rev. 1 Service Type M OMB No.: 0970-0154 Worker I D $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: GDULA, PETER M. PACSES Case Number 230105856 Plaintiff Name COURTNEY GENISE Docket Attachment Amount 03-4193 CIVIL$ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB 0 If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ?ffchecked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ?ffchecked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): DOB ?Ifchecked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. Service Type M Addendum Form EN-028 Rev. 1 OMB No.: 0970-0154 Worker I D $ IATT "TI C ? j'.?7 Cn. --1 r GJ