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HomeMy WebLinkAbout07-4484 y John C. Howett, Esquire HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street, P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff Jean Van Nostrand NO JUDGE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JEAN A. VAN NOSTRAND, ) Plaintiff ) v. ) BRADLEY D. VAN NOSTRAND, ) Defendant ) NO. 2007- x{48 CIVIL TERM 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 by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, 1 Courthouse Squaze, Cazlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street, Carlisle, PA 17013 Telephone: (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JEAN A. VAN NOSTRAND, Plaintiff ) v. ) NO. 2007- yyP y CIVIL TERM BRADLEY D. VAN NOSTRAND, ) CIVIL ACTION -LAW Defendant ) IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes Plaintiff, Jean A. Van Nostrand, by and through his counsel, Howett, Kissinger & Holst, P.C., who states the following in support of the within Complaint: 1. Plaintiff is Jean A. Van Nostrand, an adult individual who currently resides at 15 Bradford Court, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. Defendant is Bradley D. Van Nostrand, an adult individual who currently resides at 15 Bradford Court, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. Both the Plaintiff and the Defendant have been bona fide residents in the Commonwealth of Pennsylvania for a period of at least six months immediately preceding the filing of this Complaint. 4. Plaintiff and Defendant were married on April 1 1, 1992 in Towson, Maryland. 5. Neither Plaintiff nor Defendant is in the military or naval service of the United States of its allies within the provisions of the Servicemembers Civil Relief Act. 6. There have been no prior actions for divorce or annulment of the marriage instituted by either of the parties in this or any other jurisdiction. 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. The parties have been separated as a matter of law since on or about July 1, 2007. COUNT I -DIVORCE PURSUANT TO §3301(c or (dl OF THE DIVORCE CODE 9. The prior paragraphs of this Complaint aze incorporated herein by reference thereto. 10. The marriage of the parties is irretrievably broken. WHEREFORE, Plaintiff respectfully requests the Court to enter a Decree of Divorce pursuant to §3301 of the Divorce Code. COUNT II -EQUITABLE DISTRIBUTION 11. The prior paragraphs of this Complaint aze incorporated herein by reference thereto. 12. Plaintiff and Defendant have legally and beneficially acquired property, both real and personal, during their marriage, which property is "marital property." WHEREFORE, Plaintiff requests the Court to equitably divide all marital property. COUNT III -REQUEST FOR ADOPTION OF CUSTODY STIPULATION 13. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 14. Plaintiff and Defendant aze the biological parents of Haley E. Van Nostrand (d.o.b. 1/13/95), Cole M. Van Nostrand (d.o.b. 9/5/96), and Dylan J. Van Nostrand (d.o.b. 3/31/99), all of whom are unemancipated minors. 15. Throughout the childrens' lives, they have resided with Plaintiff and Defendant at 15 Bradford Court, Mechanicsburg, Cumberland County, Pennsylvania 17055. 16. The parties have not participated in any other litigation concerning the children in this or any other state. 17. There are no other proceedings pending involving custody of the children in this or any other state. 18. Plaintiff knows of no person not a party to these proceedings who has physical custody of the children or who claims to have custody, partial custody or visitation rights with respect to the children. 19. The best interests of the children require that open and meaningful access be maintained with each parent and that the children have a relationship with each parent. 20. Plaintiff requests that the Court award shazed physical and legal custody the children to the parties hereto. 21. Plaintiff believes and therefore avers that the parties will execute a separate agreement concerning the custody of their children and if so, requests that the same be incorporated into an order of court without the need for conciliation. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an order of shared legal and physical custody. Date: Respectfu,~ly submi J C Howett, Esqui HOWETT, KISSINGE HOLST, P.C. 130 Walnut Street, P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff Jean Van Nostrand VERIFICATION I, Jean A. Van Nostrand, hereby swear and affirm that the facts contained in the foregoing Complaint in Divorce are true and correct to the best of my knowledge, information and belief and are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn Date: !/ ' ~~ ~ '(~ g W _ I N n ~"1~ n ~~ ~1 C~ .`~: ~~' `.. C -~C r~ c~ V ~... -v tv w ~~ ~~ ~,n ;x IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JEAN A. VAN NOSTRAND, ) Plaintiff ) v. ) BRADLEY D. VAN NOSTRAND, ) Defendant ) NO. 2007-4484 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT OF SERVICE John C. Howett, Jr., being duly sworn according to law, deposes and says that he is an attorney at law authorized to practice in the Commonwealth of Pennsylvania, and that on the 2"d day of August, 2007, he sent the original of the attached letter, with which was enclosed a certified, time-stamped copy of the Complaint in Divorce in the above-captioned matter, properly endorsed, to the Defendant, Bradley D. Van Nostrand, by certified mail, postage prepaid, return receipt requested, restricted delivery, pursuant to Pa.R.C.P. 1930.4, to 15 Bradford Court, Mechanicsburg, PA, 17055, the Defendant's last known address, and that the return receipt card which was signed by Bradley Van Nostrand, marked as having been delivered to him on August 14, 2007, is attached hereto and made a part hereof. Jo .Howett, Jr., esquire HOWETT, KISSINGER & OLS P.C. 130 Walnut Street, P. O. Box Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff Jean A. Van Nostrand SWORN TO AND SUBSCRIBED b fo me this day of - , 2007. BRA M. SH1MP, Y Of HARRISBUR( ,_ ~,. ~/ L,~w O~tct:s of ,/" HOWETT, KISSINGER & HOLST, P.C. l30 WALNLT STREET POST OFFICE 60!C 810 HARRt$BLRG, PE\VSYL~'AVIA 17108 10H~ C. HO«'ETT.1R. DONALD T. K[SSI`GER D:~RRE~i J. HOLST REBECCA \I. DARR DEBRA S1. SH1~1P Leal Assistant Y'IA CERTIFIED MAIL RESTRICTED DELIVERY RETURN RECEIPT REQUESTED Mr. Bradley D. Van Nostrand 15 Bradford Court Mechanicsburg, PA 17055 Dear Mr. Van Nostrand: August 2, 2007 Re: Van Nostrand v. Van Nostrand (717133-_'616 FAX (7171 333-5-t0'_ Jean has retained this office to represent her in a divorce action. I understand that she has already advised you that we would be filing a divorce complaint on her behalf. I enclose for you a copy of the Divorce Complaint filed on July 30, 2007 along with an Acceptance of Service for your signature. I request that you execute the Acceptance of Service and return it to me in the enclosed self-addressed stamped envelope. If you have retained counsel to represent you in this matter, please have him or her contact me. Sincerely, C John C. Howett, Jr. JCH/djk Enclosures cc: Jean Van Nostrand (w/encl) fU - ~ ~ • ~ ~ p . .. m p 0 ~ Poste $ f'1.1 p Certlfied Fee p Retum Receipt Fee P°stmark p (Endorsement Required) Flare p Restricted Delivery Fee D-. (Endorsement Required) r1-I Tote) Postage & Fees PTO Mr. Bradley D. Van Nostrand ~ 3ir-eei, Alit No:; ..------------------------•------- -------- ----------------------------- orPOr3curlVo. 15 Bradford Court terry, state ziR«a Mechanicbur PA 17055 _ ~ ~, ~'~'~" r-^ ry ' t ~ . _ ~ ~, -•-.~ 'T7 --{ FV • it"; C~7 ~.~ ~ . , ~~ ' , ~ , . r, -~ ~ : , ,C IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JEAN A. VAN NOSTRAND Plaintiff NO. 2007-4484 CIVIL TERM v. BRADLEY D. VAN NOSTRAND Defendant CIVIL ACTION -LAW DIVORCE /CUSTODY STIPULATION FOR ENTRY OF AGREED UPON CUSTODY ORDER THIS STIPULATION is made this ~ ~ day of , 2007, by and between JEAN A. VAN NOSTRAND (hereinafter "Mother") of Cumberland County, Pennsylvania, and BRADLEY D. VAN NOSTRAND (hereinafter "Father") of Cumberland County, Pennsylvania; WITNESSETH: WHEREAS, the parties hereto, husband and wife, are the pazents of Haley E. Van Nostrand, born January 13, 1995, Cole M. Van Nostrand, born September 5, 1996, and Dylan J. Van Nostrand, born March 31, 1999 (hereinafter referred to as "the Children"); and WHEREAS, the parties have not yet physically separated, but intend to do so in the immediate future; and WHEREAS, Mother has filed a Complaint for Custody requesting shazed legal and physical custody of the children docketed to the above term and number; and WHEREAS, the parties aze desirous of maintaining a very amicable relationship with regazd to their children and seek to enter into a stipulated order granting the parties shared legal and physical custody of the children without the necessity of formal court intervention. NOW, THEREFORE, in consideration of the premises, and of the mutual promises, covenants and undertakings hereinafter set forth, Mother and Father, each intending to be legally bound hereby, agrees as follows: I.. Legal Custody. The parties shall shaze legal custody of their children, legal custody being defined as the right to make major decisions affecting the best interests of the child, including, but not limited to, medical, religious, moral, educational and general parenting decisions. See 23 Pa.C.S.A. Section 5301. The parties agree to discuss and consult with one another with a view towazds adopting a harmonious policy calculated to promote the childrens' best interests. Each party shall have the right to be kept informed of the childrens' educational, social, moral and medical development. Each pazent shall notify the other of any matter relating to the children which could reasonably be expected to be of significant concern to the other pazent. Day-to-day decisions shall be the responsibility of the pazent then having physical custody. The parent having physical custody of the children at the time of any emergency shall have the right to make any immediate decisions necessitated thereby but shall inform the other parent of that emergency and consult with him or her as soon as possible. II. Physical Custody. Mother and Father will be awarded shared physical custody of the children. Mother and Father will share as close to equally as possible in the Gaze and parenting of their children, upon mutual agreement as to the specific schedule which will be maintained, given due consideration to the children's activities and desires. However, if the parties aze unable to agree after making a reasonable effort to cooperate, the parties agree that the following custody schedule would comport with the best interests of the children: 2 A. Week-on/Week-off Schedule. On alternating weeks from Friday after school (or 6:00 p.m. if not a school day) until the following Friday, the parties shall enjoy physical custody on a week-on/week-off basis, with such schedule commencing immediately upon the parties' failure to agree as to a mutually acceptable custody schedule. The party enjoying physical custody on Sunday will either take the children to church or give the other party the option of taking the children to church. B. Wednesday Schedule. During the non-custodial parent's week, he or she shall have partial custody of the children on Wednesday evening, or such other evening as the parties shall mutually agree upon, from 6:00 p.m. to 9:00 p.m. (or from after school unti19:00 p.m. during the school year when the Wednesday is Mother's evening). C. Afterschool Care. During the school year, due to the work schedules of the parties, irrespective of which parent has physical custody, the children will return to Mother's residence after school, where she will provide for their care and maintenance, including transportation to their respective extracurricular activities and events, to the extent her work schedule allows. On school days that Father has physical custody, Father will pick the children up from Mother's residence at 6 p.m. or such other mutually convenient time or place as is agreed upon by the parties. During summer break and holiday periods off from school, the parties agree that Mother will provide care and maintenance of the children, irrespective of which parent is in custody, to the extent Mother's work schedule allows. D. Alterations to Schedule. The parties may enjoy parenting time on any other days and any other times upon which the parties may, from time to time, agree in 3 consideration of the best interests and desires of the children and the children's academic and extracurricular commitments. It is specifically understood by the parties that an expanded or altered schedule maybe implemented whenever such expansion or alteration is agreed upon by the parties in advance. E. Summer Vacation. Mother and Father shall share equally in the physical custody of the children pursuant to the week on/week off schedule established during the school yeaz. During their respective weeks during the summer recess from school, Mother and Father shall be entitled to take the children on vacations of no more than seven (7) days duration, unless by prior consent of the other party. Both parties shall provide each other at least fourteen (14) days advance notice of any travel plans, including contact information. In the event of more sudden travel plans, both parties agree to be as flexible as possible in order to effectuate the children's best interests. F. Holidays~Birthda~. Mother and Father agree that they will shaze physical custody on all holidays, including Thanksgiving, Christmas, Easter, Memorial Day, Independence Day, Labor Day, and New Yeaz's Day, as they mutually agree. Notwithstanding the foregoing, the parties agree to the following holiday schedule, with such schedule taking precedence over the regulaz week on/week off schedule: (1). Christmas. The parties will divide the school holiday period equally with Mother having the first half of the Christmas vacation break in odd- numbered years and the second half in even-numbered years. The parties further agree that in those years when Father has the Children on Christmas Day, Mother will be entitled to take the 4 children to visit her Grandmother for a reasonable period of time on Christmas Day, so long as she is physically and mentally capable of enjoying such a visit. (2). Mother's Day/Father's Dav_. Mother shall have physical custody of the children each and every Mother's Day from 9:00 a.m. the day of the holiday until 9:00 p.m. the day of the holiday. Father shall have physical custody of the children each and every Father's Day from 9:00 a.m. the day of the holiday unti19:00 p.m. the day of the holiday. (3). Children's Birthdays. Each parent will be entitled to some time on the children's birthdays, as the parties will determine on a year-by-year, child-by- child basis. The parties further agree that whenever possible, they will coordinate a joint celebration for the benefit of the children. (4). Parents' Birthday. The parties agree that the children will spend Mother's birthday overnight with her, and Father's birthday overnight with him, with the time of such physical custody to be mutually agreed upon by the parties. G. Children's Activities. Each party shall ensure the children participate in all regularly scheduled activities during his or her periods of physical custody. If the designated time for pick-up or return of a child or children occurs during a scheduled activity, then pick-up or return shall occur at the activity after the activity has concluded. H. Transportation. Except as set forth to the contrary herein, the parties shall shaze transportation, as they mutually agree. I. Disparaging Remarks. The parties shall refrain from making any dispazaging or negative remarks with regazd to the other pazty either directly to the child or in the presence of the children. Likewise, the parties shall ensure that third parties refrain from making any disparaging or negative remarks with regard to the other party either directly to the children or in their presence. Neither party shall do or say anything which may estrange the children from the other parent, injure the opinion of the children as to the other parent or hamper the free and natural development of the love and respect for the other parent. Mother and Father agree not to discuss custody issues with the children or in their presence. J. Telephone/Address. Each party shall keep the other apprised of his or her telephone number and address. K. Contact with Non-Custodial Parent. The non-custodial parent shall be entitled to reasonable telephone and a-mail privileges with the children while they are in the custody and control of the other party. As a general rule, the parties agree that the non- custodial parent will call the children each evening at a mutually convenient time. L.. Third-Party Care. If either parent is going to be away from the children during his or her custodial time, such parent shall notify the other parent of that fact, and give the non-custodial parent the first opportunity to provide care for the children prior to engaging the assistance of any third party. M.. Taz Consequences. Mother and Father acknowledge the favorable federal tax filing status of "Head of Household." In order that both parties may qualify for such tax filing status, the parties agree that Haley will spend one extra weekend per year with Mother, and Cole will spend one extra weekend per year with Father, on mutually agreed upon dates. Further, the parties agree that Mother will claim Haley E. Van Nostrand as her legal 6 dependent on her annual federal income tax return, while Father will claim Cole M. Van Nostrand for such purpose. The parties will alternate taking the annual federal income tax deduction for Dylan J. Van Nostrand, with Mother taking him as a deduction in odd-numbered years, and Father taking him as a deduction in even-numbered years. The parties fiuther agree to execute all appropriate forms as necessitated by the Internal Revenue Service to effectuate the parties' understanding in this regard. N. Entry of Court Order. The parties agree that the terms and provisions of this Stipulation shall be entered as an order of court. IN WITNESS WHEREOF, the parties hereby agree to the above terms as of the day and date first written above. WITNESS ~1 ~ -b~ ~s 7 RADLEY .VAN NOSTRAND COMMONWEALTH OF PENNSYLVANIA COUNTY OF f BEFORE ME, the undersigned authority, on this day personally appeared JEAN A. VAN NOSTRAND, known to me to be the person who executed the foregoing instru~rnent, and who acknowledged to me that she executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ~ day of T , 2007. COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL SUZANNE M. DEDERER, Notary Public Camp HiH Boro, Cumberland County My r`:~mmission Expires Aug. 20, 2009 Notate Public in and for Co o ealth of Pennsylvania T r printed name of Notary: ~ C~11 i~ car - ~ 1.~ My commission expires: 8 COMMONWEALTH OF PENNSYLVANIA COUNTY OF BEFORE ME, the undersigned authority, on this day personally appeared BRADLEY D. VAN NOSTRAND, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that he executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this J~ day of 2007. COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL SUZANNE M. DEDERER, Notary Public Camp Hill Boro, Cumberland County My commission Expires Aug. 20, 2009 No u lic in and for Co o ealth of Pennsylvania Typ or printed name of Notary: ~~~~~~ m My commission expires: ~/ 9 ~ ~ ~ _°' -'n ~ .." _-- -~ ~- -~"a {~ S'-a .' y c J, i .:~ ..^4 ~(~ ~ t'_ µ r " ~ t ~ ~ + ` ..L. d~ ~ R 1 ~ John C. Howett, Jr., Esquire HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street, P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff Jean A. Van Nostrand IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JEAN A. VAN NOSTRAND, Plaintiff ) NO. 2007-4484 CIVIL TERM v. ) BRADLEY D. VAN NOSTRAND, ) CIVIL ACTION -LAW Defendant ) DIVORCE/CUSTODY COMPLAINT FOR CUSTODY AND NOW, comes Plaintiff Jean A. Van Nostrand, by and through her attorney, Howett, Kissinger & Holst, P.C., who files this Complaint for Custody and in support thereof avers the following: 1. Plaintiff is Jean A. Van Nostrand ("Mother"), an adult individual who currently resides at 1327 English Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. Defendant is Bradley D. Van Nostrand ("Father"), an adult individual who currently resides at 15 Bradford Court, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. Karnes Plaintiff seeks custody of the following children: Haley E. Van Nostrand Cole M. Van Nostrand Dylan J. Van Nostrand Present Address 1327 English Drive Mechanicsburg, PA 17055 1327 English Drive Mechanicsburg, PA 17055 1327 English Drive Mechanicsburg, PA 17055 Dates of Birth January 13, 1995 September 5, 1996 March 31 1999 The children were not born out of wedlock. The children are presently in the custody of Mother who currently resides at 1327 English Drive, Mechanicsburg, Pennsylvania,17055. During the past five years, the children resided with the following persons and at the following addresses: Persons Addresses Dates Father & Mother 15 Bradford Court Mechanicsburg, PA 17055 Until August 22, 2007 Mother 1327 English Drive Mechanicsburg, PA 17055 August 22, 2007 to Present The mother of the children is Jean A. Van Nostrand, who currently resides at 1327 English Drive, Mechanicsburg, Pennsylvania, 17055. She is married. The father of the children is Bradley D. Van Nostrand, who currently resides at 15 Bradford Court, Mechanicsburg, Cumberland County, Pennsylvania, 17055. He is married. 4. The relationship of Plaintiff to the children is that of natural mother. Plaintiff currently resides with the following persons: N es Relationship Haley E. Van Nostrand Daughter Cole M. Van Nostrand Son Dylan J. Van Nostrand Son 5. The relationship of Defendant to the children is that of natural father. Defendant currently resides alone. 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 7. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 8. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 9. The parties have entered into a Stipulation for Entry of Agreed Upon Custody Order, a copy of which is attached hereto as Exhibit "A". The best interest and permanent welfare of the children will be served by granting the relief requested. WHEREFORE, Plaintiff Jean A. Van Nostrand, respectfully requests that this Honorable Court enter an Order incorporating the parties' Stipulation for Entry of Agreed Upon Custody Order as an Order of this Court. Respectfully submitted, Date: t . Howett, Jr., Es re HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street, P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff Jean A. Van Nostrand ~... VERIFICATION I, Sean A. Van Nostrand, hereby swear and affirm that the facts contained in the foregoing Complaint for Custody are true and correct to the best of my knowledge, information and belief and are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: ~~~~~ ,~.~ ~ ; "' ~ ~ ors ~Y (J~ ~? ~* ~ ; V ! ~ ' ~~~-je ~_ "ems .. (' ~ E. « .. .. rte..., ~ ~ .y ~{T "~..yr ~ ~+ y 'r ~'~ f„n AUG 8 82007P~T IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JEAN A. VAN NOSTRAND } Plaintiff } v. ) } BRADLEY D. VAN NOSTRAND } Defendant ) NO. 2007-4484 CIVIL TERM CIVIL ACTION -LAW DIVORCE /CUSTODY ORDER OF COURT AND NOW, this day of , 2007, it is hereby ORDERED and DECREED that the terms and conditions of the attached Stipulation for Entry of Agreed Upon Custody Order are incorporated herein and hereby made an Order of Court. J. ~~ r °'~ C w ~ ~ V rr ~;!~ `,' f ~ -~F i~..Ll`~ ~ F. "~f t ~.a .a i~a av ~~~~ ~~~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JEAN A. VAN NOSTRAND, ) Plaintiff ) v. ) BRADLEY D. VAN NOSTRAND, ) Defendant ) PRAECIPE TO THE PROTHONOTARY: NO. 2007-4484 CNIL TERM CIVIL ACTION -LAW DIVORCE /CUSTODY Please withdraw the appearance of Rebecca M. Darr, Esquire, on behalf of Jean A. Van Nostrand, Plaintiff in the above-captioned divorce/custody actions, and enter the appearance of Pamela L. Purdy, Esquire. submitted, S a~~ Date: Rebecca M. Darr, Esquire HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 C~--- Pamela L. Purdy, Esquire LAW OFFICES OF PAMELA L. PURDY' S ~+~ ~ P.O. Box 11544 Harrisburg, PA 17108-1544 Telephone: (717) 221-8303 6=`"} N t= =~ s..~:a ~::~- +t~:-} .. w »-, . ' . T ....`.., ...~..., .. ,4~ (~j _ ..,, _ ti ~ {_= ~. r Pamela L. Purdy Attorney ID No. 85783 308 N. Second St., Suite 200 Harrisburg, PA 17101 (717) 221-8303 (717) 221-8403 facsimile plpurdyC~verizon.net Attorney for Plaintiff JEAN A. VAN NOSTRAND, Plaintiff v. BRADLEY D. VAN NOSTRAND, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 2007-4484 CIVIL TERM IN DIVORCE PETITION FOR ALIMONY PENDENTE LITE AND CONFERENCE 1. Plaintiff is Jean A. Van Nostrand who currently resides at 2715 High Street, P.O. Box 365, Grantham, Cumberland County, Pennsylvania. 2. Defendant is Bradley D. Van Nostrand whose counsel`s mailing address is 127 S. Market Street, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff filed a Complaint in Divorce on July 30, 2007. 4. By reason of this action, Plaintiff will be put to considerable expense in the preparation of this case in the employment of counsel and payment of costs. 5. Plaintiff is without sufficient funds to support herself and to meet the costs and expenses of this divorce action, including the necessary attorneys' fees, and is unable to appropriately maintain herself during the pendency of this action. 6. Plaintiff requests the Court to award her the payment of counsel fees, and costs and expenses incurred by her in this action, such costs to be paid by Defendant. 7. Defendant has adequate earnings to provide alimony pendente lite for Plaintiff to pay her counsel fees, costs and expenses. 8. Plaintiff respectfully requests that an Alimony Pendente Lite conference be scheduled with the Domestic Relations Section of Cumberland County, Pennsylvania. WHEREFORE Plaintiff respectfully requests that this Court award her alimony pendente lite and schedule a conference in order to make such determination. Respectfully submitted, Pamela L. Purdy Attorney for Plaintiff Dated: Z~ ~~ VERIFICATION I verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. oa~ed ~la~l~ CERTIFICATE OF SERVICE The undersigned certifies that on the ~ ! day of~anuary, 2008, a true and correct copy of the foregoing document was served by hand delivery upon the following: Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055-6328 'l.~ Pamela L. Purdy, Esquir Of Counsel for Plaintiff C"- ~;:~~ ~ c;>„y _"' • ~': i ` G„~-{ ~3 ~ ~ ~' 7 ~77 F O -.. t~.'1 X1.1 `~ . f.., x'"" k.w ~ '_ ' L. _. t ~~ a' ~} r JEAN A. VANNOSTRAND, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :DOMESTIC RELATIONS SECTION BRADLEY D. VANNOSTRAND, :PACSES N0.403109571 Defendant DOCKET N0.904 SUPPORT 2007 JEAN A. VANNOSTRAND, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner :CUMBERLAND COUNTY, PENNSYLVANIA V. :DOMESTIC RELATIONS SECTION BRADLEY D. VANNOSTRAND, :PACSES NO. 123109773 Defendant/Respondent: DOCKET N0.2007-4484 CIVIL INTERIM ORDER OF COURT AND NOW, this 1st day of February, 2008, upon consideration of the Support Master's Report and Recommendation, acopy of which is attached hereto as Exhibit "A", it is ordered and decreed as follows: A. For the period of October 26, 2007 through November 30, 2007 the Husband shall pay to the Pennsylvania State Collection and Disbursement Unit for the support of his children, Haley E. VanNostrand, born January 13, 1995, Cole M. VanNostrand, born September 5, 1996, and Dylan J. VanNostrand, born March 31, 1999, the sum of $555.00 per month. B. For the period of December 1, 2007 through January 31, 2008 the Husband shall pay to the Pennsylvania State Collection and Disbursement Unit for the support of said children the sum of $649.OOper month. C. Effective February 1, 2008 the Husband shall pay the Pennsylvania State Collection and Disbursement Unit for the support of said children the sum of $733.00 per month. D. The Husband shall pay to the Pennsylvania State Collection and Disbursement Unit the additional sum of $60.00 per month on arrearages. E. The Husband shall provide health insurance coverage for the benefit of the Wife and said children as is available through his employment or other group coverage at a reasonable cost. F. The monthly support obligation includes cash medical support in the amount of $250.00 annually for unreimbursed medical expenses incurred for each child. Unreimbursed medical expenses of the children that exceed $250.00 annually shall be allocated between the parties. The party seeking allocation of unreimbursed medical expenses must provide documentation of expenses to the other party no later than March 31 S` of the year following the calendar year in which the final medical bill to be allocated was received. The unreimbursed medical expenses are to be paid as follows: 75% by Husband and 25% by Wife. G. The Wife's claim for spousal support is denied. H. Effective January 29, 2008 the Husband shall pay to the Pennsylvania State Collection and Disbursement Unit as alimony pendente lite the sum of $704.00 per month. IMPORTANT LEGAL NOTICE PARTIES MUST WITHIN SEVEN DAYS INFORM THE DOMESTIC RELATIONS SECTION AND THE OTHER PARTIES, IN WRITING, OF ANY MATERIAL CHANGE IN CIRCUMSTANCES RELEVANT TO THE LEVEL OF SUPPORT OR THE ADMINISTRATION OF THE SUPPORT ORDER, INCLUDING, BUT NOT LIMITED TO, LOSS OR CHANGE OF INCOME OR EMPLOYMENT AND CHANGE OF PERSONAL ADDRESS OR CHANGE OF ADDRESS OF ANY CHILD RECEIVING SUPPORT. A PARTY WHO WILLFULLY FAILS TO REPORT A MATERIAL CHANGE IN CIRCUMSTANCES MAY BE ADJUDGED IN CONTEMPT OF COURT, AND MAY BE FINED OR IMPRISONED. PENNSYLVANIA LAW PROVIDES THAT ALL SUPPORT ORDERS SHALL BE REVIEWED AT LEAST ONCE EVERY THREE (3) YEARS IF SUCH REVIEW IS REQUESTED BY ONE OF THE PARTIES. IF YOU WISH TO REQUEST A REVIEW AND ADJUSTMENT OF YOUR ORDER, YOU MUST DO THE FOLLOWING: CALL YOUR ATTORNEY. AN UNREPRESENTED PERSON WHO WANTS TO MODIFY (ADJUST) A SUPPORT ORDER SHOULD CONTACT THE DOMESTIC RELATIONS SECTION. ALL CHARGING ORDERS FOR SPOUSAL SUPPORT AND ALIMONY PENDENTE LITE, INCLUDING UNALLOCATED ORDERS FOR CHILD AND SPOUSAL SUPPORT OR CHILD SUPPORT AND ALIMONY PENDENTE LITE, SHALL TERMINATE UPON DEATH OF THE PAYEE. A MANDATORY INCOME ATTACHMENT WILL ISSUE UNLESS THE DEFENDANT IS NOT IN ARREARS IN PAYMENT IN AN AMOUNT EQUAL TO OR GREATER THAN ONE MONTH'S SUPPORT OBLIGATION AND (1) THE COURT FINDS THAT THERE IS GOOD CAUSE NOT TO REQUIRE IMMEDIATE INCOME WITHHOLDING; OR (2) A WRITTEN AGREEMENT IS REACHED BETWEEN THE PARTIES WHICH PROVIDES FOR AN ALTERNATE ARRANGEMENT. UNPAID ARREARAGE BALANCES MAY BE REPORTED TO CREDIT AGENCIES. ON AND AFTER THE DATE IT !S DUE, EACH UNPAID SUPPORT PAYMENT SHALL CONSTITUTE, BY OPERATION OF LAW, A JUDGMENT AGAINST YOU, AS WELL AS A LIEN AGAINST REAL PROPERTY. IT IS FURTHER ORDERED THAT, UPON PAYOR'S FAILURE TO COMPLY WITH THIS ORDER, PAYOR MAY BE ARRESTED AND BROUGHT BEFORE THE COURT FOR A CONTEMPT HEARING; PAYOR'S WAGES, SALARY, COMMISSIONS, AND/OR INCOME MAY BE ATTACHED IN ACCORDANCE WITH LAW. PAYOR IS RESPONSIBLE FOR COURT COSTS AND FEES. The parties are hereby advised that they may file written exceptions to the Support Master's Report and Recommendation within twenty (20) days of this order. Exceptions shall conform with the requirements of Rule 1910.12(f), Pa. R.C.P. If written exceptions are filed by any party, the other party may file exceptions within twenty (20) days of the date of service of the original exceptions. If no exceptions are filed within twenty (20) days of this interim order, this order shall then constitute a final order. By the C , ~~ Edward E. Gui , J. Cc: Jean A. VanNostrand Bradley D. VanNostrand Pamela L. Purdy, Esquire For the PlaintifflPetitioner Andrew C. Sheely, Esquire For the Defendant/Petitioner DRO JEAN A. VANNOSTRAND, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :DOMESTIC RELATIONS SECTION BRADLEY D. VANNOSTRAND, :PACSES N0.403109571 Defendant DOCKET NO. 904 SUPPORT 2007 JEAN A. VANNOSTRAND, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner :CUMBERLAND COUNTY, PENNSYLVANIA V. :DOMESTIC RELATIONS SECTION BRADLEY D. VANNOSTRAND, :PACSES NO. 123109773 Defendant/Respondent: DOCKET N0.2007-4484 CIVIL SUPPORT MASTER'S REPORT AND RECOMMENDATION Following a hearing held before the undersigned Support Master on January 29, 2008, the following report and recommendation are made: FINDINGS OF FACT 1. The PlaintifflPetitioner is Jean A. VanNostrand, who resides at 2619 Shingas Court, Grantham, Pennsylvania; she will hereafter be referred to as "the Wife." 2. The DefendantlRespondent is Bradley D. VanNostrand, who resides at 903 Allenview Drive, Mechanicsburg, Pennsylvania; he will hereafter be referred to as "the Husband." 3. The parties were married on April 11, 1982. 4. The parties are the parents of three minor children, Haley E. VanNostrand, born January 13, 1995, Cole M. VanNostrand, born September 5, 1996, and Dylan J. VanNostrand, born March 31, 1999. 5. The parties separated on August 23, 2007 when the Wife moved from the marital residence located at 15 Bradford Court, Mechanicsburg, Pennsylvania. 6. On July 30, 2007 the Wife filed a complaint for divorce. 7. On October 26, 2007 the Wife filed a complaint for spousal support and child support. EXHIBIT "A" 8. On January 29, 2008 the Wife a petition for alimony pendente lite. 9. The parties share physical custody of the children equally. 10. When the Wife filed her complaint for support she was employed by Coliseum Entertainment earning a gross bi-weekly salary of $1,230.77. 11. The Wife's hours of employment were 7:30 a.m. to 2:00 p.m. 12. In late November the Wife's employer required that the hours of employment be changed to 9:00 a.m. to 5:00 p.m. 13. After determining that there were no vacancies in the Mechanicsburg School District after-school childcare program, the Wife chose to leave her employment with Coliseum. 14. Pursuant to the terms of the parties' custody agreement the Wife is to provide for the care of the children at her home after school and is also to provide daily care for the children during summer break and holiday periods to the extent her work schedule allows. 15. The Wife is a college graduate with a degree in early childhood education. 16. The Wife is certified to teach in public schools in Pennsylvania from kindergarten through third grade. 17. The Wife has experience as a director of and teacher at a nursery school. 18. The Wife is registered with the Capital Area Intermediate Unit to work as a substitute teacher. 19. The Wife only accepts assignments that permit her to be home by 2:30 p.m. to meet her youngest child's school bus. 20. The rate of pay for a substitute teacher is $85.00 per day. 21. The Husband is employed by EDS Corporation as a business analyst. 22. The Husband earns $5,666.68 per month. 23. The Husband pays $262.32 per month for health insurance coverage on the family. 24. The Husband continued to reside in the marital residence after the Wife's departure from the home. 25. The marital home is scheduled to be sold on January 31, 2008. 2 26. While he remained in the home the Husband paid the mortgage, taxes and insurance totaling approximately $1,300.00 per month. 27. The Husband pays for extracurricular activities for the children to include martial arts, soccer, and baseball, at an annual cost of approximately $3,000.00. 28. The Husband is paying $147.00 per month in orthodontic costs for his daughter. 29. The Wife currently resides with a male friend and shares living expenses. 30. The parties have agreed to each claim one child as a dependency exemption for federal income tax purposes and to alternate the exception for the third child each year. DISCUSSION Both parents have an obligation to support their children in accordance with their relative incomes and ability to pay. Depp v. Holland, 636 A.2d 204 (Pa. Super. 1994). In determining a parent's ability to support his or her children the focus is on earning capacity, not on actual earnings. Mooney v. Doutt, 766 A.2d 1271 (Pa. Super. 2001). A parent's earning capacity is that amount he or she can realistically be expected to earn under the circumstances considering his or her age, health, physical and mental condition, education and training. Riley v. FoleX, 783 A.2d 807 (Pa. Super. 2001). The Wife was earning $1,230.77 bi-weekly when she filed her complaint for support. This equates to gross monthly income of $2,667.00. Filing her federal income tax return as head of household with one child claimed as a dependency exemption, the Wife had net monthly income for support purposes of $2,265.00. ~ The Husband has gross monthly income of $5,667.00. Filing his federal income tax return as head of household and claiming two children as dependency exemptions, he has net monthly income for support purposes of $4,526.00.2 With combined net monthly income of $6,791.00 the basic requirement for the support of three children is $1,650.00 per month.3 The Husband's proportionate share of that amount is $1,100.00. He receives downward adjustments for shazed custody and for providing health insurance coverage to $702.00 per month.4 The circumstances changed in late November when the wife's employer required her to change her hours of employment from 7:30 a.m. to 2:00 p.m. to 9:00 a.m. to 5:00 p.m. This work schedule interfered with the Wife's ability to be home to meet the school bus of the youngest child. After learning that there were no vacancies in the Mechanicsburg School District's after-school childcare . ' See Exhibit "A" for the tax deductions from gross income. z See Exhibit "A" for the tax deductions from gross income. See Pa. R.C.P. 1910.16-3. ' See Exhibit "B" for the guideline calculation. 3 program, the Wife chose to leave her employment. She has not obtained permanent employment to date, although she is sporadically accepting substitute teacher assignments through the Capital Area Intermediate Unit. A party who wilfully fails to obtain appropriate employment will be considered to have an income equal to the party's earning capacity.s The Wife voluntarily left her employment at Coliseum Entertainment and has worked a total of three days as a substitute teacher in the past two months. Although she has applied for a few teaching positions, the likelihood of obtaining a permanent position in mid-year is slim at best. The Plaintiff has suggested that she be imputed with an earning capacity of $85.00 per day as a substitute teacher. This would result in annual income of $15,300.00, or an average gross monthly income of $1,275.00. This would also permit her to provide the summer care for the children as provided for in the parties' custody agreement. With this imputed income the Wife's net monthly income would be $1,447.00 because of the earned income credit.b With combined net monthly income of $5,972.00 the basic requirement for the support of two children is $1,515.00 per month.' The Husband's proportionate share of that amount is $1,148.00. After adjustments for shared custody and health insurance, the Husband's support obligation increases to $796.00 per month.8 The Husband has requested deviations from the guidelines. He is paying the expenses of several extracurricular activities in which the children have been participating. The cost of the activities is approximately $3,000.00 annually. Both parties desire that the children continue to participate. This expense paid totally by the Husband justifies a downward deviation in the support order. The Husband has also paid the mortgage, taxes and insurance on the marital home following the separation until its anticipated sale in late January, 2008. He has requested a downward adjustment in his support obligation pursuant to Pa. R.C.P. 1910.16-6(e). Taking into consideration both the payment of the extracurricular expenses and the mortgage, a recommendation is made that the child support obligation be set at $555.00 per month for the period of October 26, 2047 through November 30, 2007, that it be set at $649.00 per month for the period of December 1, 2007 through January 31, 2008, and that it be set at $733.00 per month effective February 1, 2008. The Wife filed a complaint in divorce in July, 2007 and vacated the martial residence in August. A spouse seeking support following a voluntary non-consensual departure of the marital home has the burden of demonstrating that his or her spouse's conduct justified leaving the home. McKolanis v. McKolanis, 644 A.2d 1256 (Pa. Super. 1994). The Wife offered no testimony to establish adequate legal cause for leaving the home. Consequently she has not met her burden of proof, and her claim for spousal support must be denied. s Pa. R.C.P. 1910.16-2(d)(4). G See Exhibit "C." See Pa. R.C.P. 1910.16-3. s See Exhibit "D" for the guideline calculation. 4 The Wife filed a petition for alimony pendente lite on January 29, 2008. Alimony pendente lite is defined as maintenance during the pendency of a divorce proceeding so as to enable a dependent spouse to proceed with or defend against the action. Jame v. Jayne, 663 A.2d 169 (Pa. Super. 1995). Factors to consider in determining entitlement to an award of alimony pendente lite include the separate estate and income of the claimant, the ability of the other party to pay, and the character, situation and surroundings of the parties. Litmans v. Litmans, 673 A.2d 382 (Pa. Super. 1996). After considering these factors, and with the net monthly incomes as set forth above and a child support obligation of $733.00 per month, a recommendation is made that the Wife is entitled to an award of alimony pendente lite in the amount of $704.00 per month effective January 29, 2008.9 RECOMMENDATION A. For the period of October 26, 2007 through November 30, 2007 the Husband shall pay to the Pennsylvania State Collection and Disbursement Unit for the support of his children, Haley E. VanNostrand, born January 13, 1995, Cole M. VanNostrand, born September 5, 1996, and Dylan J. VanNostrand, born March 31, 1999, the sum of $555.00 per month. B. For the period of December 1, 2007 through January 31, 2008 the Husband shall pay to the Pennsylvania State Collection and Disbursement Unit for the support of said children the sum of $649.00 per month. C. Effective February 1, 2008 the Husband shall pay the Pennsylvania State Collection and Disbursement Unit for the support of said children the sum of $733.00 per month. D. The Husband shall pay to the Pennsylvania State Collection and Disbursement Unit the additional sum of $60.00 per month on arrearages. E. The Husband shall provide health insurance coverage for the benefit of the Wife and said children as is available through his employment or other group coverage at a reasonable cost. F. The monthly support obligation includes cash medical support in the amount of $250.00 annually for unreimbursed medical expenses incurred for each child. Unreimbursed medical expenses of the children that exceed $250.00 annually shall be allocated between the parties. The party seeking allocation of unreimbursed medical expenses must provide documentation of expenses to the other party no later than March 31St of the year following the calendar year in which the final medical bill to be allocated was received. The unreimbursed medical expenses are to be paid as follows: 75% by Husband and 25% by Wife. G. The Wife's claim for spousal support is denied. v Alimony pendente lite is calculated pursuant to the formula set forth in Pa. R.C.P. 1910.16-4. 5 H. Effective January 29, 2008 the Husband shall pay to the Pennsylvania State Collection and Disbursement Unit as alimony pendente lite the sum of $704.00 per month. 1 ° ~ ~ `-'~--~e.~..~.. '1~ ~~~ Date Michael R. Rundle Support Master 6 In the Court of Common Pleas of Cumberland County, Pennsylvania Tax C'~~tar1 R~o~~ .: - - - Plaintiff Name: Jean A. VanNostrand Defendant Name: Bradley D. VanNostrand Docket Number: 904 S 2007 PACSES Case Number: 403109571 Other State ID Number: Tax Year: Current: 2007 -- -- A~fehdattt Plaintiff -- 1. Tax Method 1040 ES 1040 ES 2. Fling Status Head of Household Head of Household 3. Who Claims the Exem tions Customize 4. Number of Exemptions 3 2 5. Monthl Taxable Income $5,666.70 $2,666.70 6. Deductions Method 7. Deduction Amount $654.17 -- ___ $654.17 8. Exem tion Amount - $849.99 $566.66 9. Income MINUS Deductions and Exem tions $4,162.54 $1,445.87 10. Tax on Income $638.55 $170.21 11. Child Tax Credit $166.67 $83.33 12. Manual Ad'ustments to Taxes - - 13. Federal Income Taxes $471.88 $86.88 13 a. Earned Income Credit - - 14. State Income Taxes $179.07 $84.27 15. FICA Pa ments $433.51 $204.01 16. City Where Taxes Apply 17. Local Income Taxes $56.67 $26.67 TOTAL Taxes $1,141.13 $401.83 SupportCa/c 2007 EXHIBIT ".A" • In the Court of Common Pleas of Cumberland County, Pennsylvania 5upport,C3u~1~r~e Wpheet~ ~0 Y 4 ~~~ ~. 1, - ': i _ __,`~r --------------- ~UIFJ 1 10:7 _ x i'~'r'= Defendant Name: Bradley D. VanNostrand Docket Number: 904 S 2007 PACSES Case Number: 403109571 Plaintiff Name: Jean A. VanNostrand Other Case ID Number: __ _ __ __ _ ___ _ ~ _ _ Defendant _T --- Plaintiff 1. Number of De endents in this Case 3 2. Total Gross Monthl Income $5,666.70 $2,666.70 3. Less Monthl Deductions $1,141.13 $401.83 4. Monthly Net Income Line 2 minus Line 3 $4,525.57 $2,264.87 5. Combined Total Monthly Net Mcome Amounts on Line 4 Combined $6,790.44 6. Plus Child's Monthl Soc. Sec. Retirement or Disabilit Derivative Benefit. - ' 7. Adjusted Combined Total Monthl Net Income ~;._ - ; ,,, 8. PRELIMINARY Child Su ort Obli ation based on Adjusted Income Line 7 - Lam'' 9. Less Child's Monthly Social Security Retirement or Disability Derivative (-) Benefit Line 6 ~"`, ~- . - 10. Basic Child Support Obligation From Rule 1910.16-3 Basic Child Su ort Schedule Table Rev. 1/2006 $1,650.00 11. Net Income as a Percenta a of Combined Amount __ 66.65 33.35 12. Each Parent's Monthl Share of the Child Su ort Obli ation $1,099.73 $550.27 13. Ad"ustment for Shared Custod Rule 1910.16-4 c # of Overni hts: 182) $327.69 14. Adjustment for Child Care Expenses Rule 1910.16-6 a - 15. Adjustment for Health Insurance Premiums Rule 1910.16-6 (b -$70.00 16. Adjustment for Unreimbursed Medical Ex enses Rule 1910.16-6 c - 17. Adjustment for Additional Ex enses Rule 1910.16-6 d - 18. Total Obli ation with Ad"ustments Line 8 minus Line 9, lus Lines 10,11,12,13 $702.04 19. Less S lit Custod Counterclaim Rule 1910.16-4 d) - 20. Obligor's Support Obligation Line 14 minus Line 15 $702.04 Prepared by: mrr Date: 1/29/2008 - T~ ~- -_ --- - - Summary Report S1. PACSES Multi le Famil Adjustment - S2. S ousal Su ort Award - S3. Adjustment for Excess Mortgage Payments (If Applicable) - S4. Custodial Parent Spousal Support Obligation (if Applicable) (-) - S5. Adjusted Support Obligation Line 16 (or S1, if applicable) plus Line S2 and S3 minus S4 (if applicable) Monthly: $702.04 Weekly: $161.57 TAX INFORMATION Tax Method Filin Status Exem tions S6. Defendant 1040 ES Head of Household 3 S7. Plaintiff 1040 ES Head of Household 2 S8. Total Support Amount if Deviating from Guidelines Calculation Monthly: Weekly: ~ S9. Justification for Deviating from Guidelines Calculation and/or Other Case Comments: SupportCa/c 2007 EXHIBIT "B" In the Court of Common Pleas of Cumberland County, Pennsylvania Tax Qe#ail ~tept~rt Plaintiff Name: Jean A. VanNostrand Defendant Name: Bradley D. VanNostrand Docket Number: 904 S 2007 PACSES Case Number: 403109571 Other State ID Number: Tax Year: Current: 2007 Defendant Plaintiff 1. Tax Method 1040 ES Manual 2. Fling Status Head of Head of Household Household 3. Who Claims the Exem tions Customize 4. Number of Exemptions 3 2 5. Monthl Taxable Income $5,666.70 $1,275.00 6. Deductions Method 7. Deduction Amount $654.17 $654.17 8. Exem tion Amount $849.99 $566.66 9. Income MINUS Deductions and Exem tions $4,162.54 $54.17 10. Tax on Income $638.55 $5.42 11. Child Tax Credit $166.67 $5.42 12. Manual Ad~ustments to Taxes _ 13. Federal Income Taxes $471.88 -$322.33 13 a. Earned Income Credit - $322.33 14. State Income Taxes $179.07 $40.29 15. FICA Pa ments $433.51 $97.54 16. City Where Taxes Apply 17. Local Income Taxes $56.67 $12.75 TOTAL Taxes $1,141.13 -$171.75 SupportCa/c 2007 EXHIBIT "C" . • In the Court of Common Pleas of Cumberland County, Pennsylvania _- - 'Support Lau. define Wotl~sh~et _---- ~ _ Rine 191x.16-1, of seC{ _ Defendant Name: Bradley D. VanNostrand Docket Number: 904 S 2007 - PACSES Case Number: 403109571 Plaintiff Name: Jean A. VanNostrand Other Case ID Number: _ _ _ __------ -- _- _-_ --------- - _ _ D_e_#_ertda_nfi _ _ P1_aintrff 1. Number of De endents in this Case ~~ 3 2. Total Gross Month/ Income $5,666.70 $1,275.00 3. Less Montht Deductions $1,141.13 -$171.75 4. Monthly Net Income Line 2 minus Line 3 $4,525.57 $1,446.75 5. Combined Total Monthly Net Income Amounts on Line 4 Combined '~~ ~ : ~ $5,972.32 ~- 6. Plus Child's Month/ Soc. Sec. Retirement or Disabili Derivative Benefit. ~.~~ ~, r ~ .T ~ - 7. Adjusted Combined Total Month/ Net Income ~ Y ~,~~~ 8. PRELIMINARY Child Su ort Obli ation based on Ad"usted Income Line 7 ~~` ,.,< . - 9. Less Child's Monthly Social Security Retirement or Disability Derivative (_) Benefit Line 6 { ''""~ `' ~~ - ~, - ~- ~'~ 10. Basic Child Support Obligation From Rule 1910.16-3 Basic Child Su ort Schedule Table Rev. 1!2006 J $1,515.00 ~ 11. Net Income as a Percenta a of Combined Amount _ _ 75.78 24.22 12. Each Parent's Month/ Share of the Child Support Obli ation $1,148.07 $366.93 13. Adjustment for Shared Custod Rule 1910.16-4 c # of Overni hts: 182 $300.88 14. Adjustment for Child Care Ex enses Rule 1910.16-6 a - 15. Adjustment for Health Insurance Premiums Rule 1910.16-6 b -$50.84 16. Adjustment for Unreimbursed Medical Ex enses Rule 1910.16-6 c) - 17. Adjustment for Additional Ex enses Rule 1910.16-6 d - 18. Total Obli ation with Ad'ustments Line 8 minus Line 9, lus Lines 10,11,12,13 $796.35 19. Less S lit Custod Counterclaim Rule 1910.16-4 d - 20.Obligor's Support Obligation Line 14 minus Line 15 $796.35 Prepared by: mrr - Date: 1/29/2008 T.T _ -- - - -- - - - - - - _ - - _ _ - - -- - - ~_ _' Summary Report S1. PACSES Multi le Famil Adjustment - S2. S ousal Su ort Award S3. Adjustment for Excess Mortgage Payments (If Applicable) - S4. Custodial Parent Spousal Support Obligation (if Applicable) (-) S5. Adjusted Support Obligation Line 16 (or S1, if applicable) plus Line S2 and S3 minus S4 (if applicable) Monthly: $796.35 Weekly: $183.28 TAX INFORMATION Tax Method Filin Status Exem tions S6. Defendant 1040 ES Head of Household 3 S7. Plaintiff Manual Sin le 2 S8. Total Support Amount if Deviating from Guidelines Calculation Monthly: Weekly: S9. Justification for Deviating from Guidelines Calculation and/or Other Case Comments: SupportCalc 2007 EXHIBIT "D" JEAN A. VANNOSTRAND, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :DOMESTIC RELATIONS SECTION BRADLEY D. VANNOSTRAND, :PACSES N0.403109571 Defendant DOCKET N0.904 SUPPORT 2007 JEAN A. VANNOSTRAND, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner :CUMBERLAND COUNTY, PENNSYLVANIA V. :DOMESTIC RELATIONS SECTION BRADLEY D. VANNOSTRAND, :PACSES NO. 123109773 Defendant/Respondent: DOCKET NO. 200?-4484 CIVIL INDEX OF EXHIBITS Plaintiff s Exhibit No. 1 -Earnings statement-Coliseum Plaintiff s Exhibit No. 2 -Earnings statement CAIU Plaintiff's Exhibit No. 3 -Earnings statement CAIU Plaintiff's Exhibit No. 4 - 2006 federal tax return Defendant's Exhibit No. 1 -Custody order Defendant's Exhibit No. 2 -Earnings statement ('~ ~ ~ ~ p i K,~. ".~. ~ f ~';'? ,, ' i .~{ ~ y + M;~'(, ~ (Jy y j ' 4'i '~ r~ (~,} " '17 ~ =- l % ~ _. _ ~~ ~ "'~'' 07-4484 CIVIL ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania 403109571 Co./City/Dist. of Cu1~ERLAND 904 S 2007 Date of Order/Notice 02/01/08 Case Number (See Addendum for case summary) Employer/Withholder's federal EIN Number O Original Order/Notice Q Amended Order/Notice O Terminate Order/Notice RE: VAN NOSTRAND, BRADLEY Employee/Obligor's Name (Last, first, MI) 143-68-4631 Employee/Obligor's Social Security Number EDS ELECTRONIC DATA SYSTEMS 7259101890 MS H3 2 A 82 Employee/Obligor's Case Identifier 5 4 0 0 LEGACY DR (See Addendum for plaintiff names PLANO TX 75024-3105 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/obiigor's income until further notice even if the Order/Notice is not issued by your State. $ 1, 437 . oo per month in current support $ 60.00 per month in past-due support Arrears 12 weeks or greater? Qyes ®no $ o . oo per month in current and past-due medical support $ 0 . oo Per month for genetic test costs $ 0 . oo per month in other (specify) for a total of $ 1, 497.00 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: $ 345,46 .per weekly pay period. $ 690,92 .per biweekly pay period (every two weeks). $ 748.50 per semimonthly pay period (twice a month}. $ 1.497 . 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 d+sposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If required by Pennsylvania taw (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 1D (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COU Date of order: FEB 4 4 2008 EDWARD E. GUIDO, JUDGE DRC: R.J. SHADDAY Form EN-028 Rev. 1 Service Type M OMB No.: 0970.0154 Worker I D $ IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ^ tf ~hecke~i you are required, to provide a copy of this form to yourdemployee. If yo~r employee vyorks in a state that is di Brent rom the state that issued this order, a copy must be provi edd to your emp ogee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee%bligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee%bligor. 3.* . 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%bligoranct 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%bligor 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: 7525482210 EMPLOYEE'SlOBLIGOR'S NAME:_ VAN NOSTRAND, BRADLEY EMPLOYEE'S CASE IDENTIFIER: 7259101890 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 govems 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%bligorfr0m employment, refusing to employ, or taking disciplinary action against any employee%bligor 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: t) the amounts allowed by the Federa( 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. 1 t .Submitted By: If you or your employee%bligor have any questions, DOMESTIC RELATIONS SECTION contact __ WAGE ATTACHMENT UNIT 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 Service Type M 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.: 0970-0754 Form EN-028 Rev. 1 Worker ID $TATT r ~•. ADDENDUM Summary of Cases on Attachment Defendant/Obligor: VAN NOSTRAND, BRADLEY PACSES Case Number 123109773 Plaintiff Name JEAN A. VAN NOSTRAND Docket Attachment Amount 07-4484 CIVIL$ 704.00 Chiid(ren)'s Name(s): DOB PACSES Case Number 403109571 Plaintiff Name JEAN A. VAN NOSTRAND Docket Attachment Amount 00904 S 2007 $ 793.00 ChildlreN's Name(s): DOB DYLAN J VAN NOSTRAND 03 /31/99 . _ FEY ~. VAN' 33QS~1?AN~3 , E1~:~;~.3~95 COLE M. VAN NOSTRAND 09/05/96 ~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 $ o.oo 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. PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo 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) ^ If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available identified above in any health insurance coverage available through the employee's/obligor's employment. through the employee's/obligor's employment. Addendum Form EN-028 Rev. 1 Service Type M Worker ID $IATT OMB No.: 0970-0154 t~ ~ ~ o r_ ~ ~~. t-;-,=,;, , r~ ~ n ~, E- r ~ Iz .U "~C3 "+ it . -'R ~ " -,G '~ 1.D Pamela L. Purdy PA ID No. 85783 308 N. Second Street, Suite 200 Harrisburg, PA 17101 (717) 221-8303 tel (717) 221-8403 fax plpurdyC~verizon.net Attorney for Plaintiff EAN A. VAN NOSTRAN D, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v. BRADLEY D. VAN NOSTRAND, Defendant NO. 2007-4484 CIVI L ACTION -LAW IN DIVORCE PLAINTIFF'S PETITION FOR INTERIM PARTIAL DISTRIBUTION OF MARITAL PROPERTY PURSUANT TO 23 PA.C.S. ~ 3502(fl AND NOW comes the Plaintiff, Jean A. Van Nostrand, by and through her attorney, Pamela L. Purdy, Esquire, and files the following Petition for Interim Partial Distribution of Marital Property, and in support thereof, avers as follows: 1. Jean A. Van Nostrand (hereinafter "Wife") and Bradley D. Van Nostrand (hereinafter "Husband") were married on April 1 1, 1992. 2. On July 30, 2007, Wife filed a Complaint in Divorce in this matter, which included a claim for equitable distribution. 3. On August 14, 2007, Husband accepted service of the Complaint in Divorce. 4. Prior to separation, Wife had no access to or control of the parties' financial information or assets. 5. During the marriage, Wife was the responsible party on a Capital One credit card, upon which the parties' household expenses were placed, and which was paid off in full each month by Husband. 6. Husband ceased paying off the monthly balance on the Capital One credit card sometime in Winter 2007, even though said balance was for marital debt. 7. At the time of separation, the Capital One balance was $10,638.87. 8. Wife has not placed any additional charges on the Capital One credit card since separation. 9. Since separation, Wife has begun to work at a part-time job, but has been unable to make the minimum payments on the Capital One credit card. 10. Since separation, the balance on the Capital One credit card has grown to $14,588.01 due to late payment fees, penalties and interest. A true and correct copy of correspondence from Global Credit & Collection Corp. to Wife regarding the outstanding Capital One Obligation is attached hereto as Exhibit "A" and incorporated herein as if fully set forth. 1 1 . Capital One is willing to accept $1 1,000 as final payment on this account if received by April 23, 2008. See Exhibit "A." 12. Wife repeatedly has requested, both directly and through counsel, for Husband's cooperation in paying off this marital obligation, to no avail. 13. The parties received $127,552.79 net proceeds from the sale of the marital home. A true and correct copy of the real estate proceeds check dated February 1, 2008 is attached hereto as Exhibit "B" and incorporated herein as if fully set forth. 14. Said funds are being held in escrow for the benefit of the parties by Husband's counsel. 15. Said funds were earned during the marriage and, as such, are marital assets. 16. Distributing $1 1,000 of the escrow proceeds to Wife will allow her to pay the settlement amount offered by Capital One and satisfy this marital obligation. 17. Wife also has and will continue to incur needless counsel fees in the preparation and presentation of this Petition in excess of $1,000. 18. Wife is not financially able to pay for said counsel fees without an interim distribution of marital property. 19. Section 3502(f) of the Divorce Code states that "[t]he court, upon request of either party, may at any stage of the proceedings enter an order providing for an interim partial distribution or assignment of marital property." 20. No judge as been assigned to this matter. 21. Counsel spoke about this Petition, but, to date, Counsel for Husband has not responded as to whether Husband concurs in this Petition. It is believed that Husband does not concur in this Petition. WHEREFORE, Plaintiff Jean A. Van Nostrand respectfully requests this Court to enter an Order awarding $12,000 of the net proceeds from the sale of the marital home. Respectfully submitted, sy D Pamela L. Purdy r Date: Q L-1 J 1 ~d Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing Petition for Interim Distribution are true and correct to the best of my knowledge, information and belief. I understand that false statements are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsin to authorities. ~~yu,Q Lys Zos~ CERTIFICATE OF SERVICE The undersigned certifies that on the day of April, 2008, a true and correct copy of the foregoing Petition for Interim Partial Distribution of Marital Property was served by first-class mail, postage prepaid, upon the following: Andrew C. Sheely, Esquire 127 S. Market Street Mechanicsburg, PA 17055 ~~~. Q . Pamela L. Purdy, Esquire Of Counsel for Plaintiff ._..a - _. ~ 1 { r1 ~ s P,,~ - .. ~~a ...E-5 .' _... ~~ (~.~' 1 Pamela L. Purdy PA ID No. 85783 308 N. Second Street, Suite 200 Harrisburg, PA 17101 (717) 221-8303 tel (717) 221-8403 fax plpurdyC~verizon.net Attorney for Plaintiff JEAN A. VAN NOSTRAND, Plaintiff v. BRADLEY D. VAN NOSTRAND, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 2007-4484 CIVIL ACTION -LAW IN DIVORCE PLAINTIFF'S AMENDED PETITION FOR INTERIM PARTIAL DISTRIBUTION OF MARITAL PROPERTY PURSUANT TO 23 PA C S ~ 3502(fl AND NOW comes the Plaintiff, Jean A. Van Nostrand, by and through her attorney, Pamela L. Purdy, Esquire, and files this Amended Petition for Interim Partial Distribution of Marital Property, and in support thereof, avers as follows: 20. Paragraphs 1 through 19 of Plaintiff's Petition for Interim Partial Distribution are incorporated herein as if fully set forth. 21. The Honorable J. Edward Guido has had prior involvement in custody matters in this case. 22. Defendant does not concur in this Petition. WHEREFORE, Plaintiff ,Jean A. Van Nostrand respectfully requests this Court to enter an Order awarding $12,000 of the net proceeds from the sale of the marital home. Respectfully submitted, By Pamela L. Purdy Attorney for Plaintiff ~~ ~~~ CERTIFICATE OF SERVICE The undersigned certifies that on the ~ day of May, 2008, a true and correct copy of the foregoing Petition for Interim Partial Distribution of Marital Property was served by first-class mail, postage prepaid, upon the following: Andrew C. Sheely, Esquire 127 S. Market Street Mechanicsburg, PA 17055 Pamela L. Purdy, E quire Of Counsel for Plaintiff ' S iX:? c° D r ~rn cry ~~ 1 ' JEAN A. VAN NOSTRAND, Plaintiff v. BRADLEY D. VAN NOSTRAND, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 2007-4484 CIVIL ACTION -LAW IN DIVORCE ORDER AND NOW, this ~ of I'` , 2008, upon consideration of the Plaintiff's Petition for Interim Partial Distribution of Marital Property, it is hereby ORDERED that: ue up y the is not entitled to the relief requested; e espon ent shall file an Answer tote etition twenty ndent; •r~.usN~ 5. ~~~+~+e -ts shall be held on ~ , 2008, O ~~ a,./N . in Courtroom of the Cumberland County Courthouse; and ~ ,. 6. Notice of the entry of this Order shall be provided to all parties by the Petitioner. BY THE COURT: J. distribution: /Pamela L. Purdy, Esq., 308 N. 2"d St., Harrisburg, PA 17101 /Andrew C. Sheely, Esq. 127 S. Market Street, Mechanicsburg, PA 17055 ~~! ~~ ~~ lsr~~ .~~,~~08 ~~ .~ ° -~r»~ ~';~~,/fi~~,Si~~ Jed £5 ~ t ~ ~dn '~ ~ J,~bf BQOZ 1~ib1Gi ~ '~ _ C~ci, ~D JEAN A. VAN NOSTRAND, Plaintiff/Petitioner vs. BRADLEY D. VAN NOSTRAND , Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - CUSTODY 07 - 4484 CIVIL TERM JOINT STIPULATION OF THE PARTIES IN RE: Plaintiff's Petition for Interim Distribution of Marital Property Plaintiff, by and through counsel of Pamela L. Purdy, Esquire, and Defendant, by and through counsel of Andrew C. Sheely, Esquire, hereby file and submit this Joint Stipulation in reference to a Petition for Partial Distribution of Marital Property initiated by Plaintiff, and hereby stipulated as follows. 1. Plaintiff filed a Petition for Partial Distribution of Marital Property on or about April 25, 2008. 2. Thereafter, Plaintiff filed an amended Petition for Partial Distribution of Marital Property on or about May 9, 2008. 3. The Petition for Partial Distribution and Amended Petition for Partial Distribution of Marital Assets seek the entry of an Order of Court making an advance distribution of cash from a jointly titled money market account for the purpose of satisfying a credit card debt in Plaintiff's name prior to a final order of equitable distribution in the pending divorce case. 4. The Petition for Partial Distribution and Amended Petition for Partial Distribution of Marital Assets further seeks the award of attorney fees to Plaintiff in the amount of $1,000.00. 5. After subsequent discussions between the parties, Plaintiff and Defendant agree to pay an amount of $11,000.00 from their jointly titled money market account with PNC Bank for the purpose of satisfying the credit card debt titled in the Plaintiff's name prior to a final order of equitable distribution in the pending divorce case. 6. The payment of the credit card debt in the amount of $11,000.00 from the jointly titled money market account shall not operate to prejudice or prohibit either party from assigning such debt to the other, or from any arguments in association with allocation of such debt as part of the equitable distribution claims raised by the parties in the underlying divorce action. 7. Plaintiff and Defendant agree to defer Plaintiff's claim for attorney fees, if applicable, until all economic claims are addressed by the Court if raised as a separate count in the above-captioned divorce action. 2 8. Plaintiff and Defendant consent to the entry of an Order of Court in form attached hereto directing the payment of $11,000.00 for the purpose of satisfying the credit card debt associated with a debt arising during the course of marriage. Respectfully submitted, _C. Pamela L. Purdy, Es u're Attorney for Plaints Jean A. Van Nostrand PA ID 85783 308 N. Second Street Suite 200 Harrisburg, PA 17101 717-221-8303 ~eS~.9~ Andrew C. Sheely, Esquire Attorney for Defendant Bradley D. Van Nostrand PA ID 624699 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 717-697-7050 3 ~ ~ ~ Q -st `ea ~ rr,~,., ~ ~~ !-~. ~ ~~.. ~ -~ .~ ~ t, _, ~ ~' crti t JUN 0 62008 t } JEAN A. VAN NOSTRAND, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - CUSTODY BRADLEY D. VAN NOSTRAND , 07 - 4484 CIVIL TERM Defendant/Respondent ORDER OF COURT AND NOW, this 11~" day of June, 2008, upon consideration of the attached stipulation, counsel for Plaintiff and Defendant are directed to contact PNC Bank within two (2) days and direct the issuance of a check payable to Capital One in the amount of Eleven Thousand Dollars ($11,000.00) from a joint money market account to satisfy the credit card debt. This Order of Court shall not prevent either Plaintiff or Defendant from raising any arguments as to allocation of this debt as part of the equitable distribution claims raised in this divorce action. Plaintiff's claim for attorney fees is hereby deferred for future consideration by the Court provided Plaintiff files a separate count for attorney fees in the erlying divorce action. RT, EDWARD E. GUIDO, J ./ c: Pamela L. Purdy, Esquire Attorney for Plaintiff ,/ Andrew C. Sheely, Esquire Attorney for Defendant l:0 ~~£S /he~~ l~ P ~~«`~~ ~i v~i'/t'~~~,~]~y~~1 8~ ~ ~ ~ ddb I i ~t~lf 8002 ~E~1C3a'~{Ur°~~,~~id 3KI ~ ~I~~C~-Q~?N ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Date of OrderlNotice o6/17/os Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number EDS ELECTRONIC DATA SYSTEMS MS H3 2 A 82 5400 LEGACY DR PLANO TX 75024-3105 143-68-4631 Employee/Obligor's Social Security Number 7259101890 Employee/Obligor's Case Identifier (See Aaklendum fa 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. $ 733.00 $ 89.00 $ o.oo $ o.oo $ 704.00 $ o.oo $ o.oo $ o.oo per month in current child support per month in past-due child support per month in current medical support per month in past-due medical support per month in current spousal support per month in past-due spousal support per month for genetic test costs per month in other (specify) Arrears 12 weeks or greater? 0 yes (~ no one-time lump sum payment for a total of $ 1, 526.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be incompliance 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: $ 351.19 Per weekly pay period. $ 763 . oo per semimonthly pay period (twice a month) $ 702.3s per biweekly pay period (every two weeks) $ 1, 526 . 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. S 4374(b)) to remit by electronic payment method, please call Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME A ACSES MEMBER lD (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECU UMBER ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: 07-44$4 CIVIL 403109571 OOriginal Order/Notice 904 S 2007 OAmended Order/Notice OTerminate Order/Notice QOne-Time Lump Sum/Notice RE~VAN NOSTRAND, BRADLEY Employee/Obligor's Name (Last, First, MI) ~~ E~ GUIDON Form EN-028 R v. 3 Service Type M OMSNo.:0970.0154 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ~ I~,~hecke~l you are required to per~vide a~opy of this form to your eem loyee. If your employee works in a state that is i Brent rom the state that issu this o er, a copy must be provldedpto 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%bligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee%bligor. 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/Obligortyith Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee%bligoranct 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%bligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 75254s221o THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : C] THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: Cl EMPLOYEE'S/OBLIGOR'S NAME: VAN NOSTRAND, BRADLEY EMPLOYEE'S CASE IDENTIFIER: 7259101890 DATE OF SEPARATION LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: FINAL PAYMENT AMOUNT: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee%bligor'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 sub}ect to a fine determined under State law for discharging an employee%bligorfrorn employment, refusing to employ, or taking disciplinary action against any employee%bligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) (15 U.S.C. 1673 (b)); or 2> the amounts allowed by the State or Tribe of the employee's/obligor`s principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks : If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this orcler with respect to these items. 11. Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION If you or your employee/obligor have any questions, 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.cluldsupport.state.pa.us Page 2 of 2 Form EN-028 Rev. 3 Service Type M OMB No.:0970-0154 Worker {D $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: vAN NosTRArm, BRADLEY PACSES Case Number 123109773 Plaintiff Name JEAN A. VAN NOSTRAND Docket Attachment Amount 07-4484 CIVIL$ 704.00 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 403109571 Plaintiff Name JEAN A. VAN NOSTRAND Docket Attachment Amount 00904 S 2007 $ 822.00 Child(ren)'s Name(s): DOB DYLAN J, VAN.NOSTRAND 03 /31/99 )~IAL~St:.,$i Y.•>N~%5~ " , 07/`33,t`9:5 COLE M. VAN NOSTRAND 09/05/96 ^ 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 $ o.oo Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo 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 $ o.oo Child(ren)'s Name(s): DOB ... ^ If checked, you are required to enroll the child(ren) ^ If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available identified above in any health insurance coverage available through the employee's/obligor's employment. through the employee's/obligor's employment. Addendum Form EN-028 Rev. 3 Service Type p,I OMB No.: 09740154 Worker I D $ IATT ~ ~ -rt ~:. ~ ,a ' 1 A 1 ~ T .~!r ,I I W ~ J 1 ir ,..:.~ f.~~~~t ro~ Jf^` ~ 1 t~ 3.. ry1 , 5~- "Ti ~1 f y r~° ~ ~ ~ 'j ` ~r ~~ JEAN A. VAN NOSTRAND, Plaintiff vs. BRADLEY D. VAN NOSTRAND, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - CUSTODY 07 - 4484 CIVIL TERM MOTION FOR APPOINTMENT OF MASTER Bradley D. Van Nostrand, Defendant, moves the Court to appoint a Master with respect to the following claims: (X) Divorce (X) Distribution of Property and in support of the motion states: (1) Discovery is complete as to the claims(s) for which the appointment of a Master is requested. (2) The defendant has appeared in the action by his attorney, Andrew C. Sheely, Esquire. (3) The Statutory basis for divorce is 23 Pa C.S.A. § 3301(c). (4) Delete the inapplicable paragraph(s): a. The action is contested. b. An agreement has been reached with respect to the following claims: None c. The action is contested with respect to the following claims: Equitable Distribution . (5) The action does not involve complex issues of law/fact. (6) The hearing is expected to take 1 day (7) Additional information levant to the motion: None Date: ~jaty 1g~ 200 8' Andrew C. Sheely, quire Attorney for Defendant ORDER APPOINTING MASTER AND NOW, 2008, E. Robert Elicker, Esquire, is appointed Master with respect to the following claims: Divorce and all economic/equitable distribution claims. By the Court: J. C ~ ~ "'S ~~~ "~`' t„... .~ CE1r~= _ - ~.. ~ ~ ~. k ~ s Yak., ~. w..1 r ~ Andrew C. Sheely, Esquire Attorney for Defendant/Petitioner 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) andrewc.sheely@verizon.net JEAN A. VAN NOSTRAND, Plaintiff vs. BRADLEY D. VAN NOSTRAND, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - CUSTODY 07 - 4484 CIVIL TERM DEFENDANT'S ANSWER TO COMPLAINT IN DIVORCE Defendant, Bradley D. Van Nostrand, by and through counsel of Andrew C. Sheely, Esquire, hereby files this Answer to Plaintiff's Divorce Complaint and respectfully states as follows: 1. Admitted with clarification. Plaintiff currently resides at 2619 Shingas Ct., P.O. Box 8, Grantham, Pennsylvania, 17027. 2. Admitted with clarification. Defendant currently resides at 903 Allenview Drive, Mechanicsburg, Pennsylvania, 17055. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted upon information and belief. 8. Admitted. -, DEFENDANT ANSWER TO COUNT I OF PLAINTIFF'S DIVORCE COMPLAINT 9. No response necessary. 10. Admitted. WHEREFORE, Plaintiff respectfully requests that the Court enter a Decree in Divorce. DEFENDANT'S ANSWER TO COUNT II OF PLAINTIFF'S DIVORCE COMPLAINT 11. No response necessary. 12. Admitted. WHEREFORE, Defendant respectfully requests that this Honorable Court equitably divide marital property. DEFENDANT'S ANSWER TO COUNT III OF PLAINTIFF'S DIVORCE COMPLAINT 13. - 21. All matters relating to custody are presently resolved through a custody order entered in the above-captioned matter, and no further response is required. WHEREFORE, Defendant/Petitioner respectfully requests that this Honorable Court enter a decree in divorce, together with an Order of Court equitably dividing marital assets and liabilities. Date : ~ ~-,~ [ G~ .00 Respectfully submitted, Andrew C. Sheely ~ Esquire Attorney for DefendantlPetitioner PA ID 62469 127 South Market Street P.O. Box 95 Mechanicsburg, PA 17055 717-697-7050 717-697-7065 (fax) andrewc.sheely@verizon.net 2 VERIFICATION I verify that the statements made in this Answer to Divorce Complaint are true and correct. I understand that false statements herein are made subject to penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Date : ~'~ ~ ~' ! Z ~~~~ , 2 008 /~' - radley Van No trand CERTIFICATE OF SERVICE I, ANDREW C. SHEELY, hereby certify that I served a true and correct copy of Defendant's Answer to the Divorce Complaint upon counsel of record on the below listed date by first class mail, postage prepaid, as follows: Pamela L. Purdy, Esquire 308 North Second Street Suite 200, P.O. Box 11544 Harrisburg, PA 17108 / ~~~ July F 7 2008 Andrew C. Sheely, Attorney 4 "^J ~-y (~.... r.':: .--1 Cr _T : rY? i"i l i"" " ^Y'" .y- ~u~ 2 7 laas JEAN A. VAN NOSTRAND, Plaintiff vs. BRADLEY D. VAN NOSTRAND, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - CUSTODY 07 - 4484 CIVIL TERM MOTION FOR APPOINTMENT OF MASTER Bradley D. Van Nostrand, Defendant, moves the Court to appoint a Master with respect to the following claims: (X) Divorce (X) Distribution of Property and in support of the motion states: (1) Discovery is complete as to the claims(s) for which the appointment of a Master is requested. (2) The defendant has appeared in the action by his attorney, Andrew C. Sheel Es uire. (3) The Statutory basis for divorce is 23 Pa C.S.A. ~ 3301(c). (4) Delete the inapplicable paragraph(s): a. The action is contested. b. An agreement has been reached with respect to the following claims: None c. The action is contested with respect to the following claims: Equitable Distribution (5) The action does not involve complex issues of law/fact. (6) The hearing is expected to take 1 day (7) Additional information levant to the motion: None Date: ,,j~,(,~ 1~~ Zoo 8' Andrew C. Sheel quire Attorney for Defendant ORDER APPOINTING MASTER AND NOW, o~ 2008, E. Robert Elicker, Esquire, is appo me Master with respect to the following claims: Divorce and all conomic/equitable distribution claims. By t Cour n d~ na cs,~ ~ ~F•~ ~ r ~ ' ~ ~ ~ t _ C~ C4: ~ ~ t"C1 •..ti Cn3 y ~. ~? ~d~I . ~7~3'17A7U S31 G~O~ l tr"lf~l~'r'1~r:~~ i v ~~ ~ ~ &I ~"~~ ~ ~ ~~~ ~~~~ - go~rr% qqC~ "V+~l jlG7V;.4 i~:.,,iL.%r~~ ~ f.,il'~;t~ .ail i,3. w~ Andrew C. Sheely, Esquire Attorney for Defendant/Petitioner 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) andrewc.sheely@verizon.net JEAN A. VAN NOSTRAND, Plaintiff/Respondent vs. BRADLEY D. VAN NOSTRAND, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - CUSTODY 07 - 4484 CIVIL TERM DEFENDANT'S PETITION FOR TERMINATION/MODIFICATION OF ALIMONY PENDENTE LITE AND CONFERENCE 1. Defendant/Petitioner is Bradley D. Van Nostrand who currently resides at 903 Allenview Drive, Mechanicsburg, Cumberland County, Pennsylvania. 2. Plaintiff/Respondent is Jean A. Van Nostrand, who currently resides at 2619 Shingas Court, Grantham, Cumberland County, Pennsylvania. 3. Plaintiff/Respondent filed a Complaint in divorce on July 30, 2007 4. Plaintiff/Respondent has not pursued the relief sought in the Divorce Complaint for more than one year. 5. Plaintiff/Respondent has not listed the case for the appointment of the Cumberland County Divorce Master who is capable of resolving all economic issues raised in the above- captioned matter. 6. Plaintiff/Respondent has not instituted any formal discovery as of this date. 7. Upon reasonable request, Defendant/Petitioner has provided Plaintiff/Respondent with financial information relative to the Defendant/Petitioner's income, debt, marital assets and marital liabilities. 8. Subsequent to filing for Divorce, Plaintiff/Respondent has changed legal counsel. 9. Subsequent to filing for Divorce, Plaintiff/Respondent has resided with and cohabits with an unrelated male with whom she shares living costs, expenses, bills and ordinary living expenses. 10. Subsequent to filing for Divorce and the most recent Order of Court awarding Alimony Pendente Lite, Plaintiff/Respondent has given birth to a child, presumably the child of the unrelated male with whom Plaintiff/Respondent currently resides and cohabits with at 2619 Shingas Court, Grantham, Cumberland County, Pennsylvania. 11. Plaintiff/Respondent is no longer entitled to alimony Pendente lite due to her current living arrangements, her delay and refusal to advance a resolution of economic claims raised in the divorce complaint filed one year ago and her shared economic arrangements with the person whom she resides and cohabits. 2 12. In the alternative, Defendant/Petitioner is entitled to a reduction in his payment of alimony Pendente lite limited to Plaintiff/Respondent's normal and customary charges associated with pursuing resolution of the economic claims in the pending divorce action, if any. 13. This is not a complex divorce action and the majority of assets available for distribution consist of cash and retirement accounts. 14. Plaintiff/Respondent has failed to utilize marital assets for her benefit and chosen to pursue greater financial burdens, including car payments, which could be avoided by the reasonable use of martial assets, or the incomes derived therefrom. 15. The present award of Alimony Pendente Lite of $704.00 per month per the Court Order dated February 1, 2008, is excessive, against public policy and unrelated to the needs of and purposes of Alimony Pendente Lite. 16. As a result of Plaintiff/Respondent's delay or refusal to purse a final resolution of these matters, Defendant/Respondent has initiated the appointment of the Cumberland County Divorce Master to resalve all economic claims. 3 WHEREFORE, Defendant/Petitioner respectfully requests that this Honorable Court schedule a hearing conference on the relief requested herein and eliminate, or, in the alternative, reduce Defendant/Petitioner's Alimony Pendente Lite Order for the reasons set forth herein. Respectfully submitted, Date: August 14, 2008 Andrew C. Sheely, uire Attorney for Defendant/Petitioner PA ID 62469 127 South Market Street P.O. Box 95 Mechanicsburg, PA 17055 717-697-7050 717-697-7065 (fax) andrewc.sheely@verizon.net 4 VERIFICATION I verify that the statements made in this Petition for Alimony Pendente Lite are true and correct. I understand that false statements herein are made subject to penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: Off- l~l -~~~ , 2008 /U, radley Van No trand CERTIFICATE OF SERVICE I, Andrew C. Sheely, Esquire, hereby certify that I am this day serving the foregoing Defendant s Petition For Termination/Modification of Alimony Pendente Lite and Conference upon the following named individual this day by depositing same in the United States Mail, First Class, postage prepaid, at Mechanicsburg, Pennsylvania, addressed as follows: Pamela L. Purdy, Esquire 308 North Second Street Suite 200, P.O. Box 11544 Harrisburg, PA 17108 7~ Date: August ~~ 2008 Andrew C. Sheely, Esquire ~. ~a -: , L ...M k:yd r~_ 4 ~~ ~y~~. ~Vq ~/ 1 r-i ~R ~~ ..~J ('~+ (, ~ i ~~ t „J '~_ ~ ~ .~ tom. JEAN A. VAN NOSTRAND, Plaintiff/Respondent VS. BRADLEY D. VAN NOSTRAND, DefendantlPetitioner THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -DIVORCE NO. 07-4484 CIVIL TERM IN DIVORCE PACSES CASE NO: 123109773 ORDER OF COURT AND NOW, this 18th day of August, 2008, a petition has been filed against you, Jean A, Van Nostrand, to modify an existing Alimony Pendente Lite Order. You are ordered to appear in person at the Domestic Relations Section, 13 North Hanover Street, Carlisle, Pennsylvania, on September 17 2008 at 9:00 A.1V'I. for a conference and to remain until dismissed by the Court. If you fail to appear as provided in this Order, an Order of Court may be entered against you. You are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by the Rule 1910.11. (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, Edgar B. Bayley, President Judge Copies mailed to: Petitioner Respondent Pamela L. Purdy, Esq. Andrew J. Sheely, Esq. f ~ ~~ Date of Order: August 18, 2008 / R. J. Sha ay, Conference Officer ~, , 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 r.a ~ ~ t -~ ~* '~ -~ rn, ~;~ r~ ~. -~ .sc.. -~, .~ -~ ,~ _.~ ~-` 1 .... In the Court of Common Pleas of C~gE~,~p County, Pennsylvania DOMESTIC RELATIONS SECTION JEAN A. VAN NOS TRAND ) Docket Number 0 7- 4 4 8 4 C I V I L Plaintiff ) vs. ) PACSES Case Number 12 310 9 7 7 3 BRADLEY VAN NOSTRAND ) Defendant )Other State ID Number ORDER OF COURT YOU, BRADLEY VAN NOSTRAND 903 ALLENVIEW DR, MECHANICSBURG, PA. 17055-6191-03 are Ordered t0 appear at DOMESTIC RELATIONS HEARING RM plaintiff/defendant of DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 before a hearing officer of the Domestic Relations Section, on the NOVEMBER 20, 2008 at 8 : 3 oAM for a hearing. You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income Statement and the appropriate Expense Statement, if required, attached to this order, completed as required by Rule 1910.11 (c). 4. verification of child care expenses, and 5. proof of medical coverage which you may have, or may have available to you 6. information relating to professional licenses 7, other: Service Type M Form CM-509 Rev. I Worker ID 213 0 2 ~ -.. VAN NOSTRAND v• VAN NOSTRAND PACSES Case Number: 123109773 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest and/or enter an interim support order. If paternity is an issue, the court shall enter an order establishing paternity. THE APPROPRIATE COURT OFFICER MAY ENTER AN ORDER AGAINST EITHER PARTY BASED UPON THE EVIDENCE PRESENTED WITHOUT REGARD TO WHICH PARTY INITIATED THE SUPPORT ACTION. BY THE COURT: Date of Order: [ 0 ~~~~ 0 JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE-HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 2 4 0 - 62 2 5 . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Service Type M Page 2 of 2 Form CM-509 Rev. Worker ID 21302 c ~ ~ -r~ ~ ~ ~'` ~ ~ iZl ~q +j~ ~ .)~ ~', ->~ C? ` ° C ` .. G~ ~'{ d i • +~ In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION JEAN A. VAN NOSTRAND ) Docket Number 07-4484 CIVIL Plaintiff ) vs. ) PACSES Case Number 123109773 BRADLEY VAN NOSTRAND ) Defendant ) Other State ID Number ORDER OF COURT YOU, JEAN A. VAN NOSTRAND 2619 SHINGUS CIR, PO BOX 8, GRANTHAM, PA. 17027-0008-08 are Ordered t0 appear at DOMESTIC RELATIONS HEARING RM plaintiff/defendant of DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 before a hearing officer of the Domestic Relations Section, on the NOVEMBER 20, 2008 at 8 : 3 oAM for a hearing. You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income Statement and the appropriate Expense Statement, if required, attached to this order, completed as required by Rule 1910.11 (c). 4. verification of child care expenses, and 5. proof of medical coverage which you may have, or may have available to you 6. information relating to professional licenses 7. other: Service Type M Form CM-509 Rev. 1 Worker ID 213 0 2 VAN NOSTRAND ~• VAN NOSTRAND PACSES Case Number: 123109773 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest and/or enter an interim support order. If paternity is an issue, the court shall enter an order establishing paternity. THE APPROPRIATE COURT OFFICER MAY ENTER AN ORDER AGAINST EITHER PARTY BASED UPON THE EVIDENCE PRESENTED WITHOUT REGARD TO WHICH PARTY INITIATED THE SUPPORT ACTION. Date of Order: ~ ~ •~y - ~~, BY THE COURT: a~ JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE-HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 2 ~ o - 622 s . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Page 2 of 2 Form CM-509 Rev. Service Type M Worker ID 21302 r~ r. . ~ _ ; .. ~° ` ~ ~ c~ -~ r" In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION JEAN A. VAN NOSTRAND )Docket Number 07-4484 CIVIL Plaintiff ) vs. ) PACSES Case Number 123109773 BRADLEY VAN NOSTRAND ) Defendant )Other State ID Number ORDER OF COURT - RESCHEDULE A HEARING YOU, BRADLEY VAN NOSTRAND Of 903 ALLENVIEW DR, MECHANICSBURG, PA. 17055-6191-03 are Ordered t0 appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 Ori the 20TH DAY OF NOVEMBER, 2008 at 1:30PM for a hearing. This date replaces ---, ~::~ N r"J the prior hearing date of NovEMBER 2 0 , 2 0 0 8 ~ 3 ~ ~~~ ,~ ~ ~ ~ - ~ r', You are further required to bring to the hearing: ~ ~ :~ ~ ~' -0 1. a true copy of your most recent Federal Income Tax Return, including W-2s, 2. your pay stubs for the preceding six (6) months, ~' 3. the Income Statement and the appropriate Expense Statement, if required, attache~to this der, completed as required by Rule 1910.11 (c). 4. verification of child caze expenses, and 5. proof of medical coverage which you may have, or may have available to you 6. information relating to professional licenses 7. other: Service Type M Form CM-514 Rev. 1 Worker ID 21302 /- ,r- "'" VAN NOSTRAND ~• VAN NOSTRAND PACSES Case Number: 123109773 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest and/or enter an interim support order. If paternity is an issue, the court shall enter an order establishing paternity. THE APPROPRIATE COURT OFFICER MAY ENTER AN ORDER AGAINST EITHER PARTY BASED UPON THE EVIDENCE PRESENTED WITHOUT REGARD TO WHICH PARTY INITIATED THE SUPPORT ACTION. BY THE COURT: Date of Order: [~-- ~~-0 ~ YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE-HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. JUDGE CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) z 4 0 - 6 2 2 s . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Service Type M Page 2 of 2 Form CM-514 Rev. 1 Worker ID 21302 :'~ ~.., ~~e~ :~~ =~~: c;-- ~. ,,~~ `;' -;-, _ ?~, .: r~v `vtia ~~: "- In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION ' JEAN A. VAN NOSTRAND )Docket Number 07-4484 CIVIL Plaintiff vs. ) PACSES Case Number 123109773 BRADLEY VAN NOSTRAND Defendant )Other State ID Number ORDER OF COURT - RESCHEDULE A HEARING YOlI, JEAN A. VAN NOSTRAND Of 2619 SHINGUS CIR, PO BOX 8, GRANTHAM, PA. 17027-0008-08 are Ordered t0 appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 Ori the 20TH DAY OF NOVEMBER, 2008 at 1 :30PM for a hearing. This date replaces r~ the prior hearing date of NOVEMBER 2 0 , 2 0 o a `~' ~; o 3 ca °i° m3"'t ~~~~ ._ to You are further required to bring to the hearing: ~°'~o ...,r 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, o `r'' ~ 2. your pay stubs for the preceding six (6) months, ., '~`' N 3, the Income Statement and the appropriate Expense Statement, if required, attached to ti~i ~rder, ,c co completed as required by Rule 1910.11 (c}. _, 4, verification of child care expenses, and 5. proof of medical coverage which you may have, or may have available to you 6. information relating to professional licenses 7. other: Service Type M Form CM-514 Rev. 1 Worker ID 21302 VAN NOSTRAND v• VAN NOSTRAND PACSES Case Number: 123109773 If you fail to appear for the conferencelhearing or to bring the required documents th court may issue a warrant for your arrest andlor enter an interim support order. If paternit' is an issue, the court shall enter an order establishing paternity. y THE APPROPRIATE COURT OFFICER MAY ENTER AN ORDER AGAINST EITHER PARTY BASED UPON THE EVIDENCE PRESENTED WITHOUT REGARD TO WHICH PARTY INITIATED THE SUPPORT ACTION. Date of Order: (~ ~ '] _ p~ BY THE COURT: JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE-HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 240-6225. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Page 2 of 2 Form CM-514 Rev. 1 Service Type M Worker ID 213 02 ~..v~ ~ t°. .: f r-_ i M.. ,. ti JEAN A. VAN NOSTRAND, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :DOMESTIC RELATIONS SECTION BRADLEY D. VAN NOSTRAND, PACSES NO. 123109773 Defendant DOCKET N0.07-4484 CIVIL INTERIM ORDER OF COURT AND NOW, this 26th day of November, 2008, upon consideration of the Support Master's Report and Recommendation, acopy of which is attached hereto as Exhibit "A", it is ordered and decreed as follows: The Defendant's petition for termination or modification of the order of alimony pendente lite entered February 1, 2008 is denied. IMPORTANT LEGAL NOTICE PARTIES MUST WITHIN SEVEN DAYS INFORM THE DOMESTIC RELATIONS SECTION AND THE OTHER PARTIES, IN WRITING, OF ANY MATERIAL CHANGE IN CIRCUMSTANCES RELEVANT TO THE LEVEL OF SUPPORT OR THE ADMINISTRATION OF THE SUPPORT ORDER, INCLUDING, BUT NOT LIMITED TO, LOSS OR CHANGE OF INCOME OR EMPLOYMENT AND CHANGE OF PERSONAL ADDRESS OR CHANGE OF ADDRESS OF ANY CHILD RECEIVING SUPPORT. A PARTY WHO WILLFULLY FAILS TO REPORT A MATERIAL CHANGE IN CIRCUMSTANCES MAY BE ADJUDGED IN CONTEMPT OF COURT, AND MAY BE FINED OR IMPRISONED. PENNSYLVANIA LAW PROVIDES THAT ALL SUPPORT ORDERS SHALL BE REVIEWED AT LEAST ONCE EVERY THREE (3) YEARS IF SUCH REVIEW IS REQUESTED BY ONE OF THE PARTIES. IF YOU WISH TO REQUEST A REVIEW AND ADJUSTMENT OF YOUR ORDER, YOU MUST DO THE FOLLOWING: CALL YOUR ATTORNEY. AN UNREPRESENTED PERSON WHO WANTS TO MODIFY (ADJUST) A SUPPORT ORDER SHOULD CONTACT THE DOMESTIC RELATIONS SECTION. ALL CHARGING ORDERS FOR SPOUSAL SUPPORT AND ALIMONY PENDENTE LITE, INCLUDING UNALLOCATED ORDERS FOR CHILD AND SPOUSAL SUPPORT OR CHILD SUPPORT AND ALIMONY PENDENTE LITE, SHALL TERMINATE UPON DEATH OF THE PAYEE. A MANDATORY INCOME ATTACHMENT WILL ISSUE UNLESS THE DEFENDANT IS NOT IN ARREARS IN PAYMENT IN AN AMOUNT EQUAL TO OR GREATER THAN ONE MONTH'S SUPPORT OBLIGATION AND (1) THE COURT FINDS THAT THERE IS GOOD CAUSE NOT TO REQUIRE IMMEDIATE INCOME WITHHOLDING; OR (2) A WRITTEN AGREEMENT IS REACHED BETWEEN THE PARTIES WHICH PROVIDES FOR AN ALTERNATE ARRANGEMENT. UNPAID ARREARAGE BALANCES MAY BE REPORTED TO CREDIT AGENCIES. ON AND AFTER THE DATE IT IS DUE, EACH UNPAID SUPPORT PAYMENT SHALL CONSTITUTE, BY OPERATION OF LAW, A JUDGMENT AGAINST YOU, AS WELL AS A LIEN AGAINST REAL PROPERTY. IT IS FURTHER ORDERED THAT, UPON PAYOR'S FAILURE TO COMPLY WITH THIS ORDER, PAYOR MAY BE ARRESTED AND BROUGHT BEFORE THE COURT FOR A CONTEMPT HEARING; PAYOR'S WAGES, SALARY, COMMISSIONS, AND/OR INCOME MAY BE ATTACHED IN ACCORDANCE WITH LAW. PAYOR IS RESPONSIBLE FOR COURT COSTS AND FEES. The parties are hereby advised that they may file written exceptions to the Support Master's Report and Recommendation within twenty (20) days of this order. Exceptions shall conform with the requirements of Rule 1910.12(f), Pa. R.C.P. If written exceptions are filed by any party, the other party may file exceptions within twenty (20) days of the date of service of the original exceptions. If no exceptions are filed within twenty (20) days of this interim order, this order shall then constitute a final order. By the , ar t~ido, J. Cc: Jean A. Van Nostrand Bradley D. Van Nostrand Pamela L. Purdy, Esquire For the Plaintiff Andrew C. Sheely, Esquire For the Defendant DRO JEAN A. VAN NOSTRAND, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent :CUMBERLAND COUNTY, PENNSYLVANIA V. :DOMESTIC RELATIONS SECTION BRADLEY D. VAN NOSTRAND, PACSES NO. 123109773 Defendant/Petitioner :DOCKET N0.07-4484 CIVIL SUPPORT MASTER' S REPORT AND RECOMMENDATION Following a hearing held before the undersigned Support Master on November 24, 2008, the following report and recommendation are made: FINDINGS OF FACT 1. The Plaintiff is Jean A. Van Nostrand, who resides at 2619 Shingus Court, Grantham, Pennsylvania. 2. The Defendant is Bradley D. Van Nostrand, who resides at 903 Allenview Drive, Mechanicsburg, Pennsylvania. 3. The parties were married on April 11, 1992. 4. The parties are the parents of three minor children, ages 13, 12 and 9. 5. The parties have equal shared custody of said children. 6. By order dated February 1, 2008 the Defendant's obligation for child support was set at $733.00 per month. 7. On July 30, 2007 the Plaintiff filed a Complaint for divorce. 8. By order dated February 1, 2008 the Defendant became obligated to pay the Plaintiff the sum of $704.00 per month as alimony pendente lite. 9. On August 18, 2008 the Defendant filed a petition for termination or modification of said order to pay alimony pendente lite. 10. The Defendant continues to be employed by EDS Corporation. 11. The Defendant has had no material or substantial changes in his income. 12. The Defendant has net monthly income for support purposes of $4,526.00. ~ ~ See Support Master's Report and Recommendation dated February 1, 2008. EXHIBIT "A" 13. In February, 2002 the Plaintiff was imputed with a net monthly earning capacity of $1,447.00.2 14. The Plaintiff is currently employed by Wesley United Methodist Church Preschool. 15. The Plaintiff works an average of 21 hours per week during the school year and 14 hours per week during the summer. 16. The Plaintiff s hourly rate of pay is $16.00. 17. The Plaintiff gave birth to a child to the man with whom she resides in August, 2008. 18. The Plaintiff resides in a home owned by the father of her infant child. 19. The Plaintiff pays rent to and shares other living expenses with the child's father. 20. The marital residence was sold on or about January 31, 2008. 21. The net proceeds of the sale, approximately $117,000.00, were placed in escrow. 22. The Plaintiff has incurred attorney's fees and costs to her present counsel of more than $7,300.00. 23. The Plaintiff has no other outstanding debts. DISCUSSION The Plaintiff was awarded alimony pendente Iite in the amount of $704.00 per month following a hearing before this Master in January, 2008. Neither party filed exceptions to this award. The purpose of alimony pendente lite is to enable a dependent spouse to proceed with or defend against a divorce action. Littmans v. Littmans, 673 A.2d 382 (Pa. Super. 1996). The award is intended to cover only that period of time that the divorce proceeding may, with due diligence, be prosecuted to a conclusion. Belsky v. Belsky, 175 A.2d 348 (Pa. Super. 1962). The docket entries revealed that it was the Defendant, not the Plaintiff, who petitioned the court for the appointment of the Divorce Master on or about July 18, 2008. Although some correspondence was generated by Plaintiff's counsel to obtain information after the entry of the award of alimony pendente lite, no formal discovery was initiated until August 15, 2008.3 On or about November 19, 2008 the Plaintiff advised the Divorce Master that discovery was completed. The litigation before the Divorce Master may now commence. z See Support Master's Report and Recommendation dated February 1, 2008. s See Respondent's Exhibit 3. 2 Although the Plaintiff has not prosecuted her action with lightening speed, in the opinion of this Master, she has not been unreasonably dilatory sufficient to justify a termination of the award of alimony pendente lite. There have been no material or substantial changes of circumstances in the financial status of either party since the entry of the order in February. Although the Plaintiff is now employed part-time, her actual earnings do not exceed the earning capacity imputed to her in February. She has not acquired assets or income that sufficiently equalizes the resources of the party. Consequently the Defendant's petition for termination or a modification of the alimony pendente lite award must be denied. RECOMMENDATION The Defendant's petition for termination or modification of the order of alimony pendente lite entered February 1, 2008 is denied. 4 ~,, z ~.,~,, ~, ~ ~ z c, Lr; c°~ Date ,~ Michael R. Rundle Support Master (^+-'} .. ,:., ~ x,-; } ; . ....X .. ~ 7 r•~ ' ri ~.._-; ~ + JEAN A. VAN NOSTRAND, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :DOMESTIC RELATIONS SECTION BRADLEY D. VAN NOSTRAND, PACSES NO. 123109773 Defendant :DOCKET N0.07-4484 CIVIL INDEX OF EXHIBITS Petitioner's Exhibit No. 1 -Divorce Complaint Petitioner's Exhibit No. 2 -Petition for alimony pendente lite Petitioner's Exhibit No. 3 -Joint stipulation of the parties Petitioner's Exhibit No. 4 -Defendant's answer to complaint and divorce Petitioner's Exhibit No. 5 -Escrow account bank statement Respondent's Exhibit No. 1 -Monthly expenses Respondent's Exhibit No. 2 -(Not admitted) Respondent's Exhibit No. 3 -Attempts by Plaintiff to move divorce action forward Respondent's Exhibit No. 4 -Legal fees incurred by Plaintiff e • JOHN C. HOWETT, JR. DONALD T. KISSINGER DARREN J. HOLST REBECCA M.DARR DEBRA M.SHIMP Legal Assistant VIA CERTIFIED MAIL RESTRICTED DELIVERY RETURN RECEIPT REQUESTED Mr. Bradley D. Van Nostrand 15 Bradford Court Mechanicsburg, PA 17055 Dear Mr. Van Nostrand: August 2, 2007 Re: Van Nostrand v. Van Nostrand (717)234-2616 FAX (717) 234-5402 Jean has retained this office to represent her in a divorce action. I understand that she has • already advised you that we would be filing a divorce complaint on her behalf. I enclose for you a copy of the Divorce Complaint filed on July 30, 2007 along with an Acceptance of Service for your signature. I request that you execute the Acceptance of Service and return it to me in the enclosed self-addressed stamped envelope. If you have retained counsel to represent you in this matter, please have him or her contact me. Sincerely, C John C. Howett, Jr. JCH/djk Enclosures cc: Jean Van Nostrand (w/encl) • LAW OFFICES OF HOWETT, KISSINGER & HOLST, P.C. 130 WALNUT STREET POST OFFICE BOX 810 HARRISBURG, PENNSYLVANIA 17108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA • JEAN A. VAN NOSTRAND, ) Plaintiff ) v• ) NO. 2007- CIVIL TERM BRADLEY D. VAN NOSTRAND, ) CIVIL ACTION - LA~V Defendant ) IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes Plaintiff, Jean A. Van Nostrand, by and through his counsel, Howett, Kissinger & Holst, P.C., who states the following in support of the within Complaint: 1. Plaintiff is Jean A. Van Nostrand, an adult individual who currently resides at 15 Bradford Court, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. Defendant is Bradley D. Van Nostrand, an adult individual who currently resides at l5 Bradford Court, Mechanicsburg, Cumberland County, Pennsylvania, 17055. • 3. Both the Plaintiff and the Defendant have been bona fide residents in the Commonwealth of Pennsylvania for a period of at least six months immediately preceding the filing of this Complaint. 4. Plaintiff and Defendant were married on April 1 1, 1992 in Towson, Maryland. 5. Neither Plaintiff nor Defendant is in the military or naval service of the United States of its allies within the provisions of the Servicerriembers Civil Relief Act. 6. There have been no prior actions for divorce or annulment of the marriage instituted by either of the parties in this or any other jurisdiction. 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. The parties have been separated as a matter of law since on or about • ~j ~v,~~ July 1, 2007. COUNT I -DIVORCE PURSUANT TO §3301(c or (d) OF THE DIVORCE CODE 9. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 10. The marriage of the parties is irretrievably broken. WHEREFORE, Plaintiff respectfully requests the Court to enter a Decree of Divorce pursuant to §3301 of the Divorce Code. COUNT II -EQUITABLE DISTRIBUTION 11. The prior paragraphs of this Complaint are incorporated herein by reference thereto. • 12. Plaintiff and Defendant have legally and beneficially acquired property, both real and personal, during their marriage, which property is "marital property." WHEREFORE, Plaintiff requests the Court to equitably divide all marital property. COUNT III -REQUEST FOR ADOPTION OF CUSTODY STIPULATION 13. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 14. Plaintiff and Defendant are the biological parents of Haley E. Van Nostrand (d.o.b. 1/13/95), Cole M. Van Nostrand (d.o.b. 9/5/96), and Dylan J. Van Nostrand (d.o.b. 3/31/99), all of whom are unemancipated minors. • 1 ~. Throughout the childrens' lives, they have resided with Plaintiff and • Defendant at 15 Bradford Court, Mechanicsburg, Cumberland County, Pennsylvania 170>j. 16. The parties have not participated in any other litigation concerning the children in this or any other state. 17. There are no other proceedings pending involving custody of the children in this or any other state. 18. Plaintiff knows of no person not a party to these proceedings who has physical custody of the children or who claims to have custody, partial custody or visitation rights with respect to the children. 19. The best interests of the children require that open and meaningful access be maintained with each parent and that the children have a relationship with each parent. 20. Plaintiff requests that the Court award shared physical and legal custody ~~ • the children to the parties hereto. 21. Plaintiff believes and therefore avers that the parties will execute a separate agreement concerning the custody of their children and if so, requests that the same be incorporated into an order of court without the need for conciliation. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an order of shared legal and physical custody. Respectfi.~jly subrimi~t'e • Date: J C owett, Esqui HOWETT, KISSINGE HOLST, P.C. 130 Walnut Street, P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff Jeai3 Van'Nostrand • VERIFICATION I, Jean A. Van Nostrand, hereby swear and affirm that the facts contained in the foregoing • n U Complaint in Divorce are true and correct to the best of my knowledge, information and belief and are made subject to the penalties of 18 Pa.C.S. X4904 relating to unsworn falsificali~n-~o authorities. ~ ._ Date: A. Van Nostrand ~~ • Pamela L. Purdy Attorney ID No. 85783 308 N. Second St., Suite 200 Harrisburg, PA 17101 (717) 221-8303 (717) 221-8403 facsimile plpurdy@verizon.net ~_ 1 r' l ~ ( ) .. - 1+ ..... ~...... 'T"~ ..u.. ~ .~ -:' ~~.J ~_ __= ~; ,r.., ._~ Attorney for Plaintiff JEAN A. VAN NOSTRAND, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 2007-4484 CIVIL TERM BRADLEY D. VAN NOSTRAND, i Defendant IN DIVORCE PETITION FOR ALIMONY PENDENTE LITE AND CONFERENCE i . Plaintiff is Jean A. Van Nostrand who currently resides at 27i 5 High Street, P.O. Box 365, Grantham, Cumberland County, Pennsylvania. 2. Defendant is Bradley D. Van Nostrand whose counsel's mailing address is 127 S. Market Street, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff filed a Complaint in Divorce on July 30, 2007. • ., • 4. By reason of this action, Plaintiff will be put to considerable expense in the preparation of this case in the employment of counsel and payment of costs. 5. Plaintiff is without sufficient funds to support herself and to meet the costs and expenses of this divorce action, including the necessary attorneys' fees, and is unable to appropriately maintain herself during the pendency of this action. 6. Plaintiff requests the Court to award her the payment of counsel fees, and costs and expenses incurred by her in this action, such costs to be paid by Defendant. 7. Defendant has adequate earnings to provide alimony • pendente lite for Plaintiff to pay her counsel fees, costs and expenses. 8. Plaintiff respectfully requests that an Alimony Pendente Lite conference be scheduled with the Domestic Relations Section of Cumberland County, Pennsylvania. WHEREFORE Plaintiff respectfully requests that this Court award her alimony pendente lite and schedule a conference in order to make such determination. Respectfully submitted, Pamela L. Purdy • Attorney for Plaintiff Dated: ~ Z~ ~l~ • VERIFICATION I verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Dated: ~ jq ~~ • CERTIFICATE OF SERVICE c~ M The undersigned certifies that on the Z ! "day of January, 2008, a true and correct copy of the foregoing document was served by hand delivery upon the following: Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 9 5 Mechanicsburg, PA 17055-6328 Pamela L. Purdy, Esquir Of Counsel for Plaintiff • • JEAN A. VAN NOSTRAND, IN THE COURT OF COMMON PLEAS OE' i Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNS`~VA~A ~ g co 'tt CIVIL ACTION - CUSTODY r~;,:~: ~ V5. E'1 i q'::. 1 ~3 BRADLEY D. VAN NOSTRAND 07 - 4484 CIVIL TERMS-"c-~. ~ ~ ~-.j Defendant/Respondent ~_'~~ "~ =~~;' Q :~-;. JOINT ST I PUI~ATION OF THE PARTIES `` ~, IN RE: Plaintiff's Petition for Interim Distribution of Marital Property Plaintiff, by and through counsel of Pamela L. Pu=dy, Esquire, and Defendant, by and through counsel of Andrew G. Sheely, Esquire, hereby file and submit this Jaint Stipulation in reference to a Petition for Partial Distribution of Marital Property initiated by Plaintiff, and hereby stipulated as follows. 1. Plaintiff filed a Petition for Partial Distribi.ition of Marital Property on or about April 25, 2008. 2. Thereafter, Plaintiff filed an amended Petition far Partial Distribution of Marital Property on or about May 9, 2008. 3. The Petition for Partial Distribution and Amer;ded Petition for Partial Distribution of Marital Assets seek the entry of an Order of Court making an advance distribution of cash from a jointly titled money market account for the purpose of satisfying a credit card debt in Plaintiff's name prior to a final order of equitable distributian in the pending divorce case. s ~1 ~~ y~ r- • 4. The Petition for Partial Distribution and Amended Petition for Partial Distribution of Marital Assets further seeks the award of attorney fees to Plaintiff in the amount of $1,000.00. 5. After subsequent discussions between the parties, Plaintiff and Defendant agree to pay an amount of $11,00.00 from their jointly titled money market account with PNC Bank for the purpose of satisfying the credit card debt titled in the Plaintiff's name prior to a final order of equitable distribution in the pending divorce case. 6. The payment of the credit card debt in the amount. of $11,000.00 from the jointly titled money market account shall not operate to prejudice or prohibit either party from assigning such debt to the other, or from any arguments in association with allocation of such debt as part of the equitable distribution claims raised by the parties in the underlying divorce action. 7. Plaintiff and Defendant agree to defer Plaintiff's claim for attorney fees, if applicable, until all economic claims are addressed by the Court if raised as a separate count in the above-captioned divorce action. 2 8. Plaintiff and Defendant consent to the entry cf an Order of Court in form attached hereto directing the payment of • $11,000.00 for the purpose of satisfying the credit card debt associated with a debt arising during the course of marriage. Respectfully submitted, n LJ ~_ Pamela L. Purdy, Es u're Attorney for Plaint Jean A. Van Nostrand PA ID 85783 308 N. Second Street Suite 200 Harrisburg, PA 17101 717-221-8303 !/~/~' Andrew C. Sheely, E:~q iu re Attorney for Defendant Bradley D. Van Nostrand PA ID 624699 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 1'?055 717-697-7050 3 e ~ i N ~ Andrew C. Sheely, Esquire Attorney for Defendant/Petitioner _ `>• s~r~. ~ ~-„ ~ ~ 127 S. Market Street ^= r»`?1 P.O. Box 95 -... `r7~ Mechanicsburg, PA 17055 ^~..i - . ~,_1 PA ID NO. 62469 .._ ,. `~-}~~ ;. .i 717-697-7050 (Phone) ';':,, "7 _ `" ?~~ 717-697-?065 (Fax) t`; '" ~ °-' andrewc.sheely@verizon.net ca = JEAN A. VAN NOSTRAND, ; IN THE COURT OF COMMON PI,E~S t Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - CUSTODY BRADLEY D. VAN NOSTRAND, 07 - 4484 CIVIL TERM Defendant DEFENDANT'S ANSWER TO COMPLAINT IN DIVORCE Defendant, Bradley D. Van Nostrand, by and through counsel of Andrew C. Sheely, Esquire, hereby files this Answer to Plaintiff's Divorce Complaint and respectfully states as follows: 1. Admitted with clarification. Plaintiff currently resides at 2619 Shingas Ct., P.O. Box 8, Grantham, Pennsylvania, 17027. 2. Admitted with clarification. Defendant currently resides at 903 Allenview Drive, Mechanicsburg, Pennsylvania, 17055. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted upon information and belief. ~ . 8. Admitted. ~t-iti~o~ ~,, •• .. DEFENDANT ANSWER TO COUNT I OF PLAINTIFF'S DIVORCE COMPLAINT • 9. No response necessary. 10. Admitted. WHEREFORE, Plaintiff respectfully requests that the Court enter a Decree in Divorce. DEFENDANT'S ANSWER TO COUNT II OF PLAINTIFF'S DIVORCE COMPLAINT 11. No response necessary. 12. Admitted. WHEREFORE, Defendant respectfully requests that this Honorable Court equitably divide marital property. DEFENDANT'S ANSWER TO COUNT III OF PLAINTIFF'S DIVORCE COMPLAINT 13. - 21. All matters relating to custody are presently resolved through a custody order entered in the above-captioned matter, and no further response is required. WHEREFORE, Defendant/Petitioner respectfully requests that this Honorable Court enter a decree in divorce, together with an Order of Court equitably dividing marital assets and liabilities. Respectfully submitted, Date : ~/~ ~G~ ZoO~ J~~~G~ `„ • ~/z~'~"'1 Andrew C. Sheely, Esquire Attorney for Defendant/Petitioner PA ID 62469 127 South Market Street P.O. Box 95 Mechanicsburg, PA 17055 717-697-7050 717-697-7065 (fax) andrewc.sheely@verizon.net 2 • VERIFICATION I verify that the statements made in this Answer to Divorce Complaint are true and correct. I understand that false statements herein are made subject to penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. • Date: ~''1~_-~,a~~ 2008 ,~ - radley "Van No trand • • CERTIFICATE OF SERVICE I~ ANDREW C. SHEELY, hereby certify that I serve true and correct d a copy of Defendant's Answer to the Divorce Complaint upon counsel of record on the below first class mail listed date by postage prepaid, as follows: Pamela L. Purdy, Esquire 308 North Second Street Suite 200, P.O. Box 11544 Harrisburg, PA 17108 • July ~ 2008 ~~/ Andrew C. Sheely, Attorney 4 Business Premium Money Market PNC Rank • For tfw period 7 0/0712008 to 10/81/2008 BRADLEY VAN NOSTRAND JEAN VAN NOSTRAND ATTY ESC ACCT ANDREW C SHEELY ATTORNEY ESC AGT 127 S MARKET ST MECHANICSBURG PA 17055-6328 PNCBANK Primary account number; 50-0529-6982 Page 1 of 1 Nurrtber of enclosures: 0 'D' For 24-hour banking sign orl to ~PNC Bank Online Banking on pnc.com FREE Online Bill Pay For customer service call 1-877-BUS-BNKG between the hours of 6 AM and Midnight ET. Para servicio en espaPiol, 1-877-BUS-BNKG Moving Please contact your local branch. ® Write to: Customer Service PO Box 609 Pittsburgh , PA 15230-9738 Visit us at pnc.com/mybusiness! TDD terminal: 1-800-531-1648 For hearing impaired clients orily Business Premium Money Market Summary Bradley Van Nostrand Account number: 50-0529-6982 Jean Vats Nostrand Atty Esc Acct Andrew G Sheety Attorney Esc Agt Balance Summary Beginning Deposits and Checka and other Ending balance other additions deductions balance 118,432.51 164.03 O.OU 118,596.54 Average ledger Average collected balance balance 118,437.80 118,437.80 Interest Summary Interest paid Interest paid this period year-to-date 164.03 2, 043.75 Deposits and Other Additions Checks and Other Deductions Other Additions 1 164.03 Total 1 164.03 I Total 0 0.00 Daily Balance Date Ledger balance Date Ledger balance 10/41 118,432.51 10/31 118,596.54 Activity Detail Deposits and Other Additions D~r Additions D Transaction Reference poated Amount descri tion p • number 10/31 1ti4.03 Interest Payment t-GErtiosioaloooos7s5 /hly-~~ I'E FORM953R-1005 Reviewing Your Statement Please review this statement carefitll}• and reconcile it with yotu tt:cords. E'all the tcicphot7e nulrtt~cr t~~tt th` upper right ~tett of the tint t:~t~c ofthis statement if: • you have any questions regardv7g your accowtt(s); ' vo~u natttc or address is incon~ct: • you have any questions regarding interest paid to an interest-beat~ttg accouztt. Balancing Your Account Update Your Account Register Compare: The activit}• detail section of your staietnent to your accowtt rcQister. Check Off: .:111 items in your accowtt registerthat also appear on yotu statement. Itentembvr to lresiz? with the ending date of your last statement• (1117 astez-isk ~*; txuill appear lit the C'ltecksW section if there is a gap ut the listutg of eoltsecutive. check numbers. j Add to Your Account Register Any deposits or additions utcluding interest payz*7cz7ts at7<f 1°i'~4'1 ar eiectrottic deposit Ba{once; listed on the statement that azr not already entered in t=otu~ zx~~ister. Subtract From Your Account Any accotutt deductions utclt:diztg fees and AT1~'I or eicct~•ot7ic deductivtts listed :,,z the. Register Balance: statement that are not already etzten;d in your ttrgister. Update Your Statement Information Step 1: Add together deposits and other additions listed in your account register but not on your statement. Date of Deposit Amount Total A Step 3: Enter the ending balance recorded on your statement Add deposits and other additions not recorded Total. ;1 + Subtotal= $ Subtract checks and other deductions not. recorded `Total I3 - Step 2: :1dd toeether checksal7d other deductions listed 717 yOtrr aCCfilwlt 1'fv~gister but not ore ~rour statement. 'The result should equal your accowtt register balance =w Verification of Direct Deposits To verify whether a dnect deposit or other transfer to your accowtt has occtuzt;d, crtlt tts 7 days at ti~~c M ii~om 6:f ii) a,i1-i. to i4~Ii~lrti~ht i t~.t~ art the customer service munber listed on the upper right side of the flxst page ofthis statement. Electronic Funds Transfers In case of errors or questions about your electronic ttansfets or it'yau need more information »bout» transfer tall as 7 days a s~ ;:k hens « t;f) =E.lf. to Atidmgltt iF.-'t , st gins customer service number listed on the upper right side of the first page of this statement. nr, if } ou prefer, please: N~rtte us at: C.itstomet S..n~ce, P.<). $esx 609, Pitit.Eh,sa Yit, t.'<1 1523{)-0604. If you believe there is a problem, you mast contact ns no later than 60 days aater the ending date of the f(rst stat~,men# on rosfiich the error or pmlrlem appcares?. You will need to provide the fallowing information: Your name and account mtmher(s); r1 description of the error or the transfer }•ou are questioning. Please explain as clearly :as you cart ti•hy you nead motes infonnutian or why y=set heiiwac atn i<trx~r tic=HS r;,adt. The dollar amount of the suspected error. we will investigate }•ourcomplaint and u~ll correct any error promptly. If rho ins"estigation takes longer than lt! btstrs, sets}°Y, ++•c t+ill crw+lil ~; tsnr;tccaucst I~r ihL amount }'ou think is in error, so that you u~ll har•e use of the firntfs during the time it takes us to complete our inrestig;+tion. Member FDIC ~ = ~ Equa! Housing IAer!ber Jean Van Nostrand Monthly Expenses Rent $549 Car payment $273 PPL $ 50 Phone/internet $ 33 Car Insurance $ 45 Water $ 20 Sewer $ 20 School lunches $ 30 TOTAL $1,020 .~ ~ //,lyb p ~ Horace Mann Educated Financial Solutions Sr Acct Executive September 11, 2008 To whom this may concern: Re: Auto policy 37-73756450 The Horace Mann Companies 5236 E Trindle Rd Front Mechanicsburg, PA 17050 Bus. 717-G97-9723 Fax 717-697-3421 Claims 800-999-1030 don.fronk@horacemann.com www.horacemann.com This is to confirm that Jean Van Nostrand has been covered under this auto policy with Horace Mann Ins Co. since 3!5/2008. She attempted to insure a 2006 Chev Mailbu at that time, but since she was not the titled owner of the car, Horace Mann would not insure the vehicle. Horace Mann's underwriting guidelines do not allow you to insure a vehicle that you do not own. If you need any additional information, or other proof of insurance, please contact me. Cordially, ~, ~'~ `~~.~ ~~ i ~~-'( Donald B Fronk r~ ~: `~~ !~-~Y-off yE ~ Horace Mann Investors, Inc. Distributor of Securities Products Member NASD 1 Horace Mann Plaza Springfield, IL 62715-0001 217-789-2500 www.horacemann.com VAN NOSTRAND V. VAN NOSTRAND ATTEMPTS BY PLAINTIFF TO MOVE DIVORCE ACTION FORWARD 2/4/08- Telephone conference with opposing counsel requesting information on marital assets and debts 2/28/08- Telephone conference with opposing counsel after receipt of information provided requesting additional information 4/16/08- Telephone conference with opposing counsel requesting statements from all accounts from .Jan 2007 to present 4/16/08- Correspondence to opposing counsel regarding more information needed 6130/08- Telephone conference with opposing counsel requesting documentation regarding money removed by husband from children's accounts 8/15/08- Served formal discovery (received RPDs 9/19/08, Answers to Interrogatories 10/7/08) 9/17/08- Meeting with opposing counsel regarding settlement l O/03/08- Telephone conference with opposing counsel regarding settlement 1 O/27/08- Telephone conference with opposing counsel regarding more information needed 10/28/08- Correspondence sent to opposing counsel setting forth counteroffer 10/28/08- Email correspondence with opposing counsel regarding martial asset information needed 1 1 /10/O8- Telephone conference and email with opposing counsel; provided opposing counsel with analysis of assets and debts and requested explanation for disappearance of marital funds 1 1 /19/08- Correspondence to divorce master that discovery is complete ~• ~ ~l~.t y..a ~ r~ ~ t Law Office of Pamela L. Purdy 308 N. Second Street, Suite 200 P.O. Box 11544 Harrisburg, PA 17108-1544 Ph:717-221-8303 Fax:717-221-8403 Jean Van Nostrand 2715 High Street P.O. Box 8 Grantham, PA 17027 November 23, 2008 File #: 0108-001 Inv #: Settle RE: Family law matters DATE DESCRIPTION AMOUNT LAWYER Dec-20-07 Telephone conference with client regarding 35.00 PLP marital issues Dec-27-07 Telephone conference with client regarding 52.50 pLp health insurance; telephone conference with opposing counsel regarding same Jan-15-08 Telephone conference with client regarding 70.00 pLp marital issues Jan-16-08 Drafting correspondence to J. Purcell 70.00 PLP regarding settlement proceeds; drafting correspondence to R. Darr regarding entry/withdrawal of appearance Jan-17-08 Telephone conference with opposing counsel 35.00 pLp regarding de novo hearing and proceeds from the sale of the marital home Jan-23-08 Review email correspondence from client 70.00 pLp regarding support de novo hearing; email correspondence to client regarding same Jan-24-08 Email correspondence with client regarding 122.50 pLp support issues; telephone conference with J. Purcell regarding closing on house; telephone conference with client regarding same; telephone conference with opposing counsel regarding same ~ ~ Invoice #: Settle Page 2 November 23, 2008 Jan-28-08 Review correspondence from prior counsel regarding filed praecipe to withdraw/enter appearance; review correspondence from opposing counsel to J. Purcell regazding proposed deed; drafting correspondence to client regazding same; review settlement documents from opposing counsel; telephone conferences with client regarding support and custody issues; telephone conferences with opposing counsel regazding same; drafting petition for apl; drafting attachment for apl proceedings form 280.00 PLP Jan-29-08 Travel to and attend de novo support conference; telephone conference with J. Purcell's assistant regarding real estate closing and escrow check; correspondence to client regazding praecipe and draft deed Jan-30-08 Telephone conference with opposing counsel and J. Purcell regazding sale agreement and closing Jan-31-08 Telephone conferences with client regazding real estate closing; telephone conference with S. Dunn regazding closing; telephone conference with opposing counsel regazding same Feb-01-08 Email correspondence with S. Dunn at Purcell's office regarding payoff amount Telephone conference with client regazding custody and support issues Feb-04-08 Telephone conference with client regazding support and marital issues; telephone call to opposing counsel regarding same Feb-OS-08 Telephone conference with client regarding marital issues; telephone conference with opposing counsel regazding automobile issues Feb-28-08 Email correspondence with client regarding marital issues; telephone conference with opposing counsel regarding marital issues; review correspondence from opposing counsel regazding marital assets and debts, drafting correspondence to client regarding same 560.00 PLP 52.50 PLP 70.00 PLP 35.00 PLP 35.00 PLP 55.50 PLP 74.00 PLP 111.00 PLP [nyoice #: Feb-29-08 Settle Page 3 Email correspondence with client regarding marital issues Mar-25-08 Telephone conference with client regarding health insurance; telephone call to opposing counsel regarding same; telephone call to domestic relations regarding same Mar-26-08 Meeting with R. Shadday regarding contempt; telephone conference with opposing counsel regarding health care issue Apr-02-08 Telephone conference with client regarding custody and support issues Apr-04-08 Telephone call to client regarding health insurance Apr-15-08 Telephone conference with client regarding credit card issues; telephone call to opposing counsel regarding same; drafting Petition for Interim Distribution of Marital Assets Apr-16-08 Telephone conference with opposing counsel regarding credit card issue and discovery; continuing drafting of Petition for Interim Distribution of Marital Funds; email correspondence to client regarding same; telephone call to client regarding same telephone conference with client regarding petition and discovery Apr-21-08 Telephone conference with client regarding support and interim distribution issues Apr-25-08 Email correspondence with client regarding tax issues Apr-29-08 Telephone conference with client regarding credit card and custody issues; telephone conference with A. Sheely regarding same May-06-08 Review correspondence from opposing counsel regarding trust account; drafting correspondence to client regarding same May-07-08 Review correspondence from opposing counsel regarding valuation of marital assets and debts; drafting correspondence to client regarding same November 23, 2008 37.00 PLP 55.50 PLP 55.50 PLP 74.00 PLP 37.00 PLP 129.50 PLP 259.00 PLP 55.50 PLP 37.00 PLP 55.50 PLP 37.00 PLP 37.00 PLP Invoice #: Settle Page 4 November 23, 2008 May-15-08 Review orders of court regarding support and 74.00 PLP interim distribution hearings; drafting correspondence to domestic relations regarding conflict; drafting correspondence to client regarding interim distribution hearing; telephone call to Smoker Smith regarding tax return May-20-08 Review correspondence from opposing 55.50 PLP counsel regarding Capital One card issues; drafting correspondence to client regarding same May-21-08 Telephone conference with client regarding 55.50 PLP custody and support issues May-28-08 Review correspondence from opposing 37.00 PLP counsel regarding settlement proposal; drafting correspondence to client regarding same May-30-08 Review proposed stipulation; telephone 222.00 PLP conferences with opposing counsel regarding same; telephone conference with client regarding same; telephone conference with Capital One rep regarding settlement; drafting changes to stipulation; drafting correspondence to opposing counsel regarding same; telephone conference with opposing counsel and Judge Guido's chambers regarding stipulation Jun-02-08 Telephone conference with client regarding 55.50 PLP custody and support issues; email correspondence with client regarding divorce settlement and contempt issues Jun-04-08 Review correspondence from collection 55.50 PLP company regarding settlement of Capital One debt; drafting correspondence to opposing counsel regarding same; review escrow account statement; drafting correspondence to client regarding same Jun-10-08 Review correspondence from opposing 37.00 PLP counsel regarding Capital One settlement; drafting correspondence to client regarding same Jun-12-08 Review order of court regarding Capital One 37.00 PLP account; drafting correspondence to client regarding same Invoice #: Settle Jun-17-08 Jun-19-08 Page 5 Travel to and attend support conference Review support order; email correspondence with R. Shadday regazding calculation Jun-23-08 Review email correspondence from client regazding support issues; drafting email correspondence to client regazding same Jun-26-08 Review orders regazding appeal potential; telephone conference with client regarding same Jun-30-08 Telephone conference with client regazding custody and support issues Telephone conference with opposing counsel regazding marital issues Jul-09-08 Review correspondence from opposing counsel regarding escrow account; drafting correspondence to client regarding same Jul-21-08 Review correspondence from opposing counsel regarding answer to divorce complaint and settlement issues; email correspondence with client regarding same Jul-22-08 Review correspondence from opposing counsel regazding appointment of master; drafting correspondence to client regazding three letters from opposing counsel Aug-07-08 Review correspondence from opposing counsel regazding escrow account; drafting correspondence to client regarding same Prepazation of asset/debt chart Aug-08-08 Analysis of assets and debts; telephone conference with client regarding discovery issues; drafting certification regazding divorce; drafting correspondence to divorce master regazding same; drafting interrogatories and requests for production of documents Aug-11-08 Continuing drafting Requests for Production of Documents and Interrogatories; review correspondence from opposing counsel regazding certification regarding completion of discovery; drafting correspondence to client regazding same November 23, 2008 425.50 PLP 37.00 PLP 37.00 PLP 55.50 PLP 111.00 PLP 37.00 PLP 55.50 PLP 37.00 PLP 222.00 PLP 703.00 37.00 PLP PLP Invoice #: Settle Page 6 November 23, 2008 Aug-15-08 Drafting final changes to discovery requests; drafting correspondence to opposing counsel regazding discovery requests; Review correspondence from opposing counsel regazding discovery; drafting correspondence to client regarding same 148.00 PLP Aug-18-08 Aug-19-08 Telephone conference with client regarding discovery and support issues Telephone conference with client regarding support issues Aug-20-08 Review Petition for Termination of APL; drafting correspondence to R. Shadday regarding conference date Aug-28-08 Email correspondence with DRO regazding client's appearance; email correspondence with client regazding same; telephone conference with client regazding same Sep-08-08 Telephone conference with client regarding support issues Sep-12-08 Email correspondence with client regarding expenses Sep-16-08 Preparation for support conference; telephone conference with client regarding same Sep-17-08 Travel to and attend support conference; meeting with client regazding same; meeting with opposing counsel regarding settlement; email correspondence with opposing counsel regarding requests and interrogatory files Oct-03-08 Telephone conference with opposing counsel regazding settlement; email correspondence with client regazding same Oct-06-08 Email correspondence with client regarding discovery Oct-07-08 Email correspondence with opposing counsel and R. Shadday regarding Petition for Involuntary Termination; telephone conference with opposing counsel regazding same; telephone call to client regarding same 37.00 PLP 37.00 PLP 74.00 PLP 37.00 PLP 55.50 PLP 37.00 PLP 111.00 PLP 407.00 PLP 3 7.00 PLP 37.00 PLP 37.00 PLP Invoice #: Settle Page 7 November 23, 2008 Oct-09-08 Telephone conference with client regarding 37.00 PLP finalization of divorce Oct-16-08 Telephone conference with client regarding 37.00 PLP marital settlement Oct-17-08 Review discovery responses 55.50 PLP Oct-20-08 Continuing review of discovery responses 37.00 PLP Oct-21-08 Continuing review of discovery; telephone 111.00 PLP conference with client regarding settlement Oct-22-08 Email correspondence with client regarding 37.00 PLP reduction in Vanguard joint account Oct-24-08 Email correspondence with client regarding 37.00 PLP proposed MSA; telephone conference with client regarding same Oct-27-08 Review proposed Marital Settlement 573.50 PLP Agreement from opposing counsel; telephone conference with client regarding same; telephone conference with opposing counsel regarding information needed; drafting response to opposing counsel's proposed Marital Settlement Agreement Oct-28-08 Email correspondence with opposing counsel 74.00 PLP regarding Columbia accounts and Envoy balance, email correspondence with client regarding response to settlement proposal; drafting changes to same Oct-29-08 Telephone conference with client regarding 55.50 PLP husband's reaction to counteroffer Oct-30-08 Telephone conference with client regarding 37.00 PLP Fidelity accounts Nov-OS-08 Email correspondence with client regarding 37.00 PLP health insurance and filing of appointment for master Nov-07-08 Telephone conference with support master's 37.00 PLP office regarding hearing date Nov-10-08 Telephone conference with V. Ebersole 55.50 PLP regarding apl termination hearing date; telephone conference with opposing counsel Invoice #: Settle Page 8 November 23, 2008 regarding same and settlement; email correspondence with client regarding same; email correspondence with opposing counsel regarding missing assets Nov-19-08 Drafting correspondence to divorce master 37.00 regarding certification that discovery is complete; telephone conference with client regarding same Totals $7,296.50 DISBURSEMENTS Oct-06-08 copies 17.29 Totals $17.29 PLP Total Fee & Disbursements for all charges on this matter $7,313.79 %~ JEAN A. VAN NOSTRAND, Plaintiff/Petitioner VS. . BRADLEY VAN NOSTRAND, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -DIVORCE NO. 07-4484 CIVIL TERM IN DIVORCE PACSES CASE: 123109773 ORDER OF COURT AND NOW to wit, this 2nd day of December 2008, it is hereby Ordered that the Respondent shall pay an additional sum of $89.00 per month on the accumulated arrears on the Alimony Pendente Lite account. This Order shall become final twenty (20) 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 CO Edward E. Guido, J. DRO: R.J. Shadday xc: Petitioner Respondent Andrew C. Sheely, Esq. Pamela L. Purdy, Esq. Form 0E-001 Service Type: M Worker: 21005 r ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT 07-4484 CIVIL State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 12/02/08 Case Number (See Addendum for case summary) EmployerNVithholder's Federal EIN Number 403109571 904 S 2007 OOriginal Order/Notice OAmended Order/Notice OTerminate Order/Notice QOne-Time Lump Sum/Notice RE: VAN NOSTRAND, BRADLEY Employee/Obligor's Name (Last, First, MQ 143-68-4631 Employee/Obligor's Social Security Number EDS ELECTRONIC DATA SYSTEMS 7259101890 MS H3 2 A 82 Employee/Obligor's Case Identifier 54 0 0 LEGACY DR (See Addendum for plaintiff names PLANO TX 75024-3105 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 emptoyee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 733.00 $ o.oo $ o.oo $ o.oo $ 704.00 $ 89.00 $ o.oo $ o.oo per month in current child support per month in past-due child support per month in current medical support per month in past-due medical support per month in current spousal support per month in past-due spousal support per month for genetic test costs per month in other (specify) Arrears 12 weeks or greater? ~ yes ®no one-time lump sum payment for a total of $ 1, 526 . oo per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: ~ 352.15 Per weekly pay period. $ 763 , oo per semimonthly pay period (twice a month) $ 704, 31 per biweekly pay period (every two weeks) $ i, s26 . 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. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY N 1N DER TO 8E PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: Edward ~. Guido ® ~ Judge D}ZO: R,J. Shadday Form EN-028 Rev. 4 Service Type M onesnb.:o9~ao,sa Worker ID $IATT 1.526• x 12• . g?•~ 352.15* ~~ ~.~ L526•x 1,526• x ~ `,~ 1 ~ • ~ ~~. ?t~4.31~ 1 ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS If hecked you are required, to pr vide a opy of this form to your mployee. If yo r employee works in a state that is di~ferent from the state that issuedthis or~er, a copy must be provi~ed to your emp~oyee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/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%bligor 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%bligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 752 5482210 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : ~ THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: ~ EMPLOYEE'S/OBLIGOR'S NAME: VAN NOSTRAND, BRADLEY EMPLOYEE'S CASE IDENTIFIER: 7259101890 LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: DATE OF SEPARATION: FINAL PAYMENT AMOUNT: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Antidiscrimination: You are subject to a fine determined under State law for discharging an employee%bligortrom employment, refusing to employ, or taking disciplinary action against any employee%bligorbeeause of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) (15 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks : If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION If you or your employee/obligor have any questions, 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 Rev. 4 Service Type M OMB No.: 0970-0154 Worker I D $ IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: VAN NOSTRAND, BRADLEY PACSES Case Number 123109773 PACSES Case Number 403109571 Plaintiff Name Plaintiff Name JEAN A. VAN NOSTRAND JEAN A. VAN NOSTRAND Docket Attachment Amount Docket Attachment Amount 07-4484 CIVIL$ 793.00 00904 S 2007 $ 733.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DYLAN J. VAN NOSTRAND HALEY E. VAN NOSTRAND COLE M. VAN NOSTRAND PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): DOB Service Type M Addendum OMB No.: 0970-0154 PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): DOB 03/31/99 Oi'/13f95 09/05/96 DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): DOB Form EN-028 Rev. 4 Worker I D $ IATT x~...,;5 ~" ;~~,, } " C~ _ ~Z t ~ r:~: Y-.., Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID N0. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) JEAN A. VAN NOSTRAND, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW BRADLEY D. VAN NOSTRAND, 07 - 4484 CIVIL TERM Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 30, 2007. I acknowledge accepting service of the divorce complaint on August 14, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to the authorities. DATE : ! ° ~- 2~~ ~ ~ radle D. Van Nostrand Rt~~=r`~ c~ ~ ~~~rws~~~~a?~~ 2~9APR -2 P~ !~ 03 { ,. tc~~ _;-, ,, ~ ~iu~~J ~ Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) JEAN A. VAN NOSTRAND, Plaintiff vs. BRADLEY D. VAN NOSTRAND, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 07 - 4484 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER X3301 (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 decree 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 are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to the authorities. DATE : / ~ ~ ZGy~~' Bradle D. Van Nostrand FlLE[~--~t-FsC~: GAF TF~~' ~Nt}':~f?~:~'aTA~Y 209 ~~'R ~-2 ~~ ~: a3 t} }} 1,,// ~~,..;;.~ i,r r'v'~`I V'~`i..Y~~1~i1'1 Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) JEAN A. VAN NOSTRAND, Plaintiff vs. BRADLEY D. VAN NOSTRAND, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 07 - 4484 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 30, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to the authorities. DATE : ~~~ _.c Q~ THE #~', ;T~1n~. ~~T~y 20Q9 APR --2 F~ 1 ~ ~ 3 Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) JEAN A. VAN NOSTRAND, Plaintiff vs. BRADLEY D. VAN NOSTRAND, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 07 - 4484 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §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 decree 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 are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to the a 'ties. CJ s' DATE : ~'~" ~ - an Van Nos ra ~° ~~'~~ QF' 7H~ P€"~"?~~E7TARY 209 APR --2 P~ ! ~ 0 3 vv~Y`J~ ~ L.'1i tv`,~1V1 1 UF~-~. C.C`LL~t~~v`a ~. i t,. ~ \ai i ~t x f1 , Pamela L. Purdy Attorney ID No. 85783 308 N. Second Street, Suite 200 Harrisburg, PA 17101 (717) 221-8303 (717) 221-8403 facsimile plpurdy@verizon.net Attorney for Plaintiff JEAN A. VAN NOSTRAND, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v. BRADLEY D. VAN NOSTRAND, Defendant NO. 07-4484 IN DIVORCE NOTICE OF INTENTION TO RETAKE PRIOR NAME Notice is hereby given that Plaintiff in the above matter hereby elects to retake and hereafter use her previous name of JEAN A. McIVER and gives this written notice avowing her intention in accordance with the provisions of the Act of D~be~ 16, :182, P.L. 1309, 54 Pa.C.S. § 704. D 1 Sworn to and subscribed before me this ~~'day of ~ , 2009. tart' Public _=~-•btarial seal Pamela L. Purdy Notary Public City Of Harrisburg, Qauphin County My ~m~s~on Expires June 19, 2010 Member, PenrESylvAnia Assppation pf Notaries, 2 FiL;a ~~}~~ wk ~1 c:1 ~ ? ~ ~ v w - ~~. E~. tarp faEb A1"'t"'/ ~ ~. "' ~~~ 3~q JEAN A. VAN NOSTRAND, Plaintiff vs. . BRADLEY D. VAN NOSTRAND, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0. 07 - 4484 CIVIL IN DIVORCE ORDER OF COURT ~~ AND NOW, this ~ day of ~ , 2009, counsel and the parties having entered int an agreement and stipulation resolving the economic issues on April 1, 2009, the date set for a four-party conference, the agreement and stipulation having been transcribed, the appointment of the Master is vacated and counsel can conclude the proceedings by the filing of a praecipe to transmit the record with the affidavits of consent of the parties so that a final decree in divorce can be entered. cc: '~ Pamela L. Purdy Attorney for Plaintiff •~ Andrew C. Sheely Attorney for Defendant ~'ES m~t~ ~~ BY THE COURT, v ~ O-v' Edgar B. Bayley, P.J. cv ; ,' ~ ': ~» €_ ~ ~ ~ - _ .w ; ;,,~. -,~ ;`~ ;~; ~ ~ ~,,~ N -`° t~ a JEAN VAN NOSTRAND, Plaintiff vs. BRADLEY VAN NOSTRAND,: Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0. IN DIVORCE THE MASTER: Today is Wednesday, April 1, 2009. This is the date set for a conference with counsel and the parties. Present in the hearing room are the Plaintiff, Jean A. Van Nostrand, and her counsel Pamela L. Purdy, and the Defendant, Bradley D. Van Nostrand, and his counsel Andrew C. Sheely. This action was commenced by the filing of a complaint in divorce on July 30, 2007, raising grounds for divorce of irretrievable breakdown of the marriage. The Master has been provided affidavits of consent and waivers of notice of intention to request entry of divorce decree signed today by both parties. The Master's office will file the affidavits and waivers with the Prothonotary. The divorce can, therefore, conclude under Section 3301(c) of the Domestic Relations Code. In addition to the grounds for divorce raised in the complaint, a claim for equitable distribution was raised. On January 29, 2008, the Plaintiff filed a petition raising a claim for counsel fees costs and expenses. Neither party his filed a claim for alimony. 1 The Master has been advised that after considerable time spent negotiating the resolution of the economic claims, a settlement has been reached. An agreement is going to be placed on the record in the presence of the parties. The agreement as stated on the record will be considered the substantive agreement of the parties, not subject to any changes or modifications except for correction of typographical errors which may be made during the transcription. Consequently, when the parties leave the hearing room today they are bound by the terms of the agreement even though there is no subsequent signing of the agreement affirming the terms of settlement as placed on the record. The agreement is going to be sent to counsel for review for typographical errors. After any corrections have been made, the parties will be asked to sign the agreement affirming the terms of settlement. Upon receipt by the Master of a completed agreement, the Master will prepare an order vacating his appointment and counsel can then file a praecipe transmitting the record to the Court requesting a final decree in divorce. The parties were married on April I1, 1992, and separated on or about August 1, 2008. They are the natural parents of three children and the parties share custody, physical and legal of those children. Mr. Sheely. 2 MR. SHEELY: For purposes of this agreement, husband shall refer to Bradley D. Van Nostrand and wife shall refer to Jean A. Van Nostrand. 1. Husband and wife agree that wife shall receive the entire PNC bank escrow account, No. 50-0529-0692, with an approximate value of $119,115.87. Any interest earned and accrued on this account from its date of creation in February of 2008 through the present date shall be maintained by wife and reported by wife on her 2008 or 2009 income tax return. 2. Husband and wife agree that husband shall be entitled to the following accounts without further claim by wife and wife agrees to sign any and all necessary forms to effectuate the terms of this paragraph. a) Vanguard Bradley D. Van Nostrand rollover IRA, account No. 0093-09961250738 with an approximate value of $11,743.80; b) Vanguard fund, account No. 0114-09961250738 with an approximate value of $12,891.66; c) Vanguard fund, account No. 0301-09961250738 with an approximate value of $14,956.76; d) Capital Blue Cross Employees savings plan, account No. 090370 with an approximate value of $19,784.02. e) Bradley D. Van Nostrand/Jean A. Van Nostrand joint account with the following fund and account No. 0024-09880054109 with approximate value of $9,659.43 and fund and account No. 0052-09880054109 with an approximate value of $15,281.08 and fund and account No. 0073-09880054109 with an approximate value of $5,461.98. f) Husband's EDS 401(k) plan with an approximate value of $4,500.00. 3. Husband and wife agree that husband shall be entitled to possession of the 2004 GMC Envoy without further claim of wife. In addition, husband shall assume full responsibility and hold wife harmless for any payments due Member's 1st on the loan encumbering the title in the approximate amount of $6,000.00. 3 4. Husband and wife agree that wife shall be entitled to possession of the 2006 Chevrolet Impala. Husband agrees to transfer title to wife at an agreed upon location within a period of ten (10) days from today's date. Wife shall assume any and all transfer title fees associated with this transfer. Husband shall maintain the 2006 Chevrolet Impala in its present condition and shall deliver the vehicle to wife's residence or at an agreed upon location. Husband shall cooperate with the transfer of the title to the 2006 Chevrolet Impala. 5. Husband and wife agree that an antique one-half carat diamond engagement ring shall be maintained by wife, provided that wife shall maintain said ring for the benefit of the parties' daughter, Haley E. Van Nostrand. 6. Husband and wife agree that Custodial Columbia Management Fund, account Nos. 769-9876039653 and 908-9876029565 held for the benefit of Cole McIver Van Nostrand and Haley E. Van Nostrand, respectively, shall be maintained by husband. Husband shall provide semi-annual reports to wife as to the current values of said accounts. Husband and wife intend that these funds shall be used for the benefit of each child's college education. In the event that a child does not attend college, trade school, or similar type of post high school education, then the funds in each account shall be distributed to each child when he or she reaches the age of 21. Husband shall not voluntarily reduce the value of either account during his course of maintaining said accounts. 7. Husband and wife acknowledge that three Series EE savings bonds have been purchased for the benefit of Haley Van Nostrand ($10,000.00 bond); Cole Van Nostrand ($10,000.00 bond); and Dylan Van Nostrand ($5,000.00 bond). Husband and wife agree that husband shall cause these savings bonds to be moved from their present location and shall be secured at the Susquehanna Valley Credit Union where wife maintains a safe deposit box. Husband and wife agree not to liquidate the savings bonds without the written agreement of the other and husband and wife agree that these savings bonds are intended to be used for the benefit of each child's college education. In the event that a child does not attend college, trade school or other similar type of post high school education, then the bonds shall be distributed to each child at the age of 21. Husband shall, no later than thirty (30) days after today's date, transfer said bonds to wife. 8. Husband and wife agree that each shall maintain all 4 personal property, bank accounts, cash, electronic equipment, and other personal effects in his or her possession without further claim from the other party. Wife shall cooperate with removing her name from a Member's 1st account with a zero balance. 9. Husband and wife agree that each shall assume and hold the other harmless from any and all credit card debt in his or her name alone. 10. Husband and wife agree that husband shall maintain three Vanguard Individual 529 savings accounts established for the benefit of Haley E. Van Nostrand (account No. 278730321-O1 in the amount of $2,434.19); Cole M. Van Nostrand (account No. 278730321-02 in the amount of $2,475.17); and Dylan J. Van Nostrand (account No. 278730321-03 in the amount of $2,063.78). Husband and wife agree that these funds, together with any increase thereof, are intended to be used for the benefit of each child's college education. In the event a child does not attend college, trade school or similar type of post high school education, then the funds in each account shall be distributed in each child at the age of 21. Husband shall not voluntarily reduce the value of these accounts. 11. Wife agrees to withdraw her claim for counsel fees. 12. Husband and wife agree that wife's pending and current alimony pendente lite claim shall extinguish upon the entry of a final decree in divorce. In the event that wife receives any amounts of alimony pendente lite after the entry of a final decree in divorce, wife shall reimburse husband for those amounts. 13. 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, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. 5 MS. PURDY: Jean Van Nostrand, do you understand the agreement as it has been stated by attorney Sheely? MS. VAN NOSTRAND: Yes. MS. PURDY: Do you consent to the agreement as it has been stated? MS. VAN NOSTRAND: Yes. MS. PURDY: Do you understand that as we sit here today the agreement is now in full force and effect and cannot be modified other than by agreement of both you and Mr. Van Nostrand? MS. VAN NOSTRAND: Yes. MR. SHEELY: Mr. Van Nostrand, were you here for the dictation and reading of the present agreement? MR. VAN NOSTRAND: Yes. MR. SHEELY: Do you understand the full terms and conditions of this agreement? MR. VAN NOSTRAND: Yes, I do. MR. SHEELY: Do you agree with the full terms and conditions of this agreement? MR. VAN NOSTRAND: Yes, I do. MR. SHEELY: Are you under any form of medication or influence of any alcohol which would make you unable to understand the terms of this agreement? MR. VAN NOSTRAND: Not at all. 6 MR. SHEELY: Is it your intention to sign this agreement today or as conveniently can be accomplished? MR. VAN NOSTRAND: Yes. THE MASTER: Thank you very much for working this out. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: P ela L. Pur y At orney for Plain 'ff Andrew C. Sheely Attorney for Defendant DATE: ~5 y /~ Zboq ~~ ~~ Br ley D. an Nostrand 7 JEAN A. VAN NOSTRAND, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v5. : CIVIL ACTION - LAW BRADLEY D. VAN NOSTRAND, 07 - 4484 CIVIL TERM Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Kindly transmit the record, together with the following information to the Court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under 3301(c) (Strike out inapplicable section) 2. Date and manner of service of the complaint.: Defendant accepted service of the complaint on August 14, 2007_. 3. Complete either paragraph (a} or (b). a. Date of execution of the affidavit required by 3301(c) of the Divorce Code: by plaintiff 04/01109; by defendant 04!01/09 b. (1) Date of execution of the affidavit required by 3301(d) of the Divorce Code (2) Date of filing and service of the plaintiff`s affidavit upon the respondent: 4. Related claims pending: /11n~ ~. ,4</r~selvtc~ y A,~~~/ ~. Loeb /~i~.~v+f: 5. Complete either (a) or (b) 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 of plaintiff's Waiver of Notice in 3301(c) Divorce was filed with the Prothonotary : 0 ~! / b Z / 0 9 Date defendant's Waiver of Notice in 3301(c) Divorce was filed with the Prothonotary: 4 H /~L-/09 Andrew C. Shee , Esquire Attorney for Defendant 127 South Market Street Mechanicsburg, PA 17055 (717) 697-7050 ~~- ~nry-'f.lfli,ff'Cf'~}~ {,C~7 ~ 1 ." ~ ~~r.~ ~~' ~ E. ~~} €~~_, , JEAN A. VAN NOSTRAND, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. BRADLEY D. VAN NOSTRAND NO. 07 - 4484 DIVORCE DECREE , ~ ~, 3 00~ , /~ , AND NOW, ! 2009, it is ordered and decreed that JEAN A. VAN NOSTRAND ,plaintiff, and BRADLEY D. VAN NOSTRAND defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") None. All resolved by Settlement Agreement dated April 1, 2009. Attest: J. rothonotary ',rr 'l •.,.. ~~ JEAN A. VNA NOSTRAND, THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION -DIVORCE NO. 07-4484 CIVIL TERM BRADLEY VAN NOSTRAND, IN DIVORCE Defendant/Petitioner PACSES CASE NO: 123109773 ORDER OF COURT AND NOW, this 7th day of May, 2009, a petition has been filed against you, Jean A. Van Nostrand, to modify an existing Alimony Pendente Lite Order. You are ordered to appear in person at the Domestic Relations Section, 13 North Hanover Street, Carlisle, Pennsylvania, on June 1.2009 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 W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by the Rule 1910.11. (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, Edgar B. Bayley, President Judge Copies mailed to: Petitioner Respondent Pamela L. Purdy, Esq. Andrew C. Sheely, Esq. / Date of Order: May 7, 2009 "'~ R. J. Sha y, Conference Officer / 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 ZOQ9l~AY -7 P~ 3~ 3~ :,, ~ ~~fi V~J~'t~~+f~~~t"~ MAY 0 ~ 2009 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION JEAN A. VAN NOSTRAND ) Docket Number 07-4484 CIVIL Plaintiff ) vs. ) PACSES Case Number 123109773 BRADLEY VAN NOSTRAND ) Defendant )Other State ID Number PETITION FOR MODIFICATION OF AN EXISTING SUPPORT ORDER 1. The petition of BRADLEY VAN NOSTRAND respectfully represents that on FEBRUARY i , 2 0 0 8 , an Order of Court was entered for the support of JEAN A. VAN NOSTRAND A true and correct copy of the order is attached to this petition. Form OM-501 Service Type M Worker ID 212 0 5 VAN NOSTRAND v. VAN NOSTRAND PACSES Case Number: 123109773 2. Petitioner is entitled to ~ increase ~ decrease~Q termination ~ reinstatement ~ other of this Order because of the following material and substantial change(s) in circumstance: fU °!O Ste. a~r~ea~ ~~ ~ ~, 2,t1v ~ I S ~~~ ~.-~-.,reQ;-~ ~-,,,~ Q~ e.,~- (~+a~...f :N.~ ~ P ode . WHEREFORE, Petitioner requests that the Court modify the existing order for support. /~,~tt~ ~/,ti., ~~J ~ etitioner 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 unsworn falsification to authorities. ~~/ - 2evq Date Petitioner Page 2 of 2 Form OM-501 Service Type M Worker ID 21205 Ffl_.E~i= G~ ~i-?~ PR~7~C~~iA~RY 2D0~ l~~Y -7 Pty 3~ 3 ~~ a~~vSYI.VI~i;~. ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commom Co./City/Dist. of Date of Order/N Case Number (S E EDS ELEC MS H3 2 5400 LEC PLANO TX See, ORDER INFORM from CLIMB amounts from the issued by your Sty ! Z~ 101 ~ ~~~ :e 05/20/09 Addendum for case summary) EIN Number RONIC DATA SYSTEMS 82 CY DR 75024-3105 yt~3~pq 5~ 1 ~~~ S ~100~ RE: VAN NOSTRAND tit- ~W~S~ Civ~~ OOriginal Order/Notice OAmended Order/Notice OTerminate Order/Notice OOne-Time Lump Sum/Notice BRADLEY Employee/Obligor's Name (Last, First, Mp 143-68-4631 Employee/Obligor's Social Security Number 7259101890 Employee/Clbligor's Case Identifier (See Addentdum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) for dependent names and birth dates associated with cases on attachment. T10N: This is an Order/Notice to Withhold Income for Support based upon an order for support RLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these .hove-named employee's/obligor'slncome until further notice even if the Order/Notice is not $ 733. 0 $ o. o $ o. o $ o. o $ o. o $ 89. 0 $ o. o $ o. o for a total of $ You do not have the ordered supF $ 189.1 379LL REMITTANCE !NI working days after withholding. You state of your emplt the employee's/ ok the following infor per month in current child support per month in past-due child support per month in current medical support per month in past-due medical support per month in current spousal support per month in past-due spousal support per month for genetic test costs per month in other (specify) one-time lump sum payment 822.00 per month to be forwarded to payee below. vary your pay cycle to be in compliance with the support order. If your pay cycle does not match payment cycle, use the following to determine how much to withhold: per weekly pay period. $ 411. oo per semimonthly pay period (twice a month) per biweekly pay period (every two weeks) $ 822 , oo per monthly pay period. ~RMATION: You must begin withholding no later than the first pay period occurring ten (10) he date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of ire entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work yee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of igor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, nation is needed (See #9 on page 2). Arrears 12 weeks or greaten' ®yes ~ no If required by Pen Sylvania law (23 PA C.S. § 4374(b)) to remit by electronic payment method, please call Pennsylvania Stat Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. P FIPS CODE 42 000 00 Make Remittan a Payable to: PA SCDU Send check to: ennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST 1NClUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER /D (shown above as the Empl yee/Obligor's Case /dent~'CL~~OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND C SH BY MA/L. / ? BY THE COURT: Service Type M a~AY ~ ~ zoo9 OMB No.: 0970-0154 Form E N-028 Rev. 4 Worker ID $IATT Ctf ;..i~ ~.... r ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ~ If~hecke~l you are required to per~vide a~opy of this form to your m loyee. If yo r employeevyorks in a state tha is di Brent r m the state that -ssu th-s o er, a copy must be provideedpto your empYoyee even if the box is not chec~ed 1. Priority: Withholdi g under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in a ct before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payme s: You can combine withheld amounts from more than one employee%bligor's income in a single payment to each agency requestn withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee%bligor. 3.* Reporting the Pay ate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withho ding 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' obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and onward the support payments. 4.* Employee/Obligor ith Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee%bligor nd 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 a ployee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 belo ) 5. Termination Not Please provide the it THE PERSON HAS EMPLOYEE'S LAST KNOW LAST KNOV1 NEW EMPLC 6. Lump Sum Paymei severance pay. If you m: You must promptly notify the Requesting Agency when the employee%bligor is no longer working for you. tion requested and return a copy of this Order/Notice to the Agency identified blow. 7525482210 R WORKED FOR THIS EMPLOYER : ~ THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: D .;OR'S NAME:VAN NOSTRAND, BRADLEY IDENTIFIER: 7259101890 DATE OF SEPARATION: HOME ADDRESS: PHONE NUMBER: FINAL PAYMENT AMOUNT ;'S NAME/ADDRESS: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or e any questions about lump sum payments, contact the person or authority below. 7. liability: If you fail o withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the empl yee%bligor'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%bligorfnom employment, refusing to employ, or t king disciplinary action against any employee%bligor because of a support withholding. Pennsylvania State law governs unless the obli or is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limit! Protection Act (CCPA) employment. Disposab Security taxes, statutory supporting another farm increased to 55% and t) deduct a fee for admini~ Arrears greater than 17 employer should calcul allowed under the law c the limit set by the law i CCPA (15 U.S.C. 1673 i care premiums in deterr 10. Additional info: - You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit 5 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is y and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is at 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may native costs. The support amount and the fee may not exceed the limit indicated in this section. weeks : If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the to the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of f the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the -)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health fining disposable income and applying appropriate withholding limits. *NOTE: If you or your gent 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 wi h respect to these items. 11. Send Terminatio Notice and other corresponds DOMESTIC REL. -ce to: TIONS SECTION If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by Internet www.childsupport.state.pa.us Page 2 of 2 Service Type M I OMB No.: 0970-0154 Form EN-028 Rev. 4 Worker ID $IATT r ,~ ADDENDUM Summary of Cases on Attachment Defendant/Obligor: VAN NOSTR.AND, BRADLEY PACSES Case Number 123109773 Plaintiff Name JEAN A. VAN NOST Docket Att chment Amount 07-4484 CIVIL$ 89.00 Child(ren)'s Name(s): DOB PACSES Case Number 403109571 Plaintiff Name JEAN A. VAN NOSTRAND Docket Attachment Amount 00904 S 2007 $ 733.00 Child(ren)'s Name(s): DOB DYLAN J. VAN NOSTRAND. 03_/3.1/99 ~>;1' ~ . VAIN' ~tOS' ~ 01 / ~ 3 J 9 5 COLE M. VAN NOSTRAND 09/05/96 PACSES Case Num Plaintiff Name Docket Child(ren)'s Name DOB PACSES Case Numl Plaintiff Name Docket 9 Child(reN's Name ppg PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Aimount $ o.oo Child(ren)'s Name(s): DOB Addendum Form EN-028 Rev. 4 Service Type M OMBNo.:097ao154 Worker ID $IATT (^ ( _ ,_t i ,> ,; - ?,; t, JEAN VAN NOSTRAND, Plaintiff/Petitioner VS. BRADLEY D. VAN NOSTRAND, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -DIVORCE NO. 07-4484 CIVIL TERM IN DIVORCE PACSES CASE: 123109773 ORDER OF COURT AND NOW to wit, this 4th day of June, 2009, it is hereby Ordered that the Order for Alimony Pendente Lite is modified as follows: Effective March 16, 2009 through March 31, 2009, the Alimony Pendente Lite is $608.00 per month. Effective April 1, 2009 through April 30, 2009, the Alimony Pendente Lite is $499.00 per month. Effective May 1, 2009 through May 4, 2009, the Alimony Pendente Lite is $608.00 per month. Effective May 5, 2009, the Alimony Pendente Lite is terminated with a credit of $229.85 pursuant to the parties' divorce decree. The credit of $229.85 is directed to the parties child support case under PACSES #403109571. The Plaintiff s request for unpaid health premiums is denied. This Order shall become final twenty (20) 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. w DRO: R.J. Shadday xc: Petitioner Respondent Pamela L. Purdy, Esq. Andrew C. Sheely, Esq. Service Type: M BY THE COURT: Edward E. uido, J. Form 0E-001 Worker: 21005 ~ ~~~~~~r~?v 1~~4 Jt}~V -5 Ph 3~ 26 ~~~r~v~`~`LVr1~ ~W ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT "'~ State Commonwealth of Penny nia 403109571 OOriginal Order/Notice CO./City/Dist. Of CUMBERLAND 904 S 2007 OAmended Order/Notice Date of Order/Notice 06/04/09 OTerminateOrder/Notice Case Number (See Addendum for case summary) OOne-Time Lump Sum/Notice RE: VAN NOSTRAND, BRADLEY Employer/Wrthholder's Federal EIN Number Employee/Obligor's Name (Last, First, MI) EDS ELECTRONIC DATA SYSTEMS MS H3 2 A 82 5400 LEGACY DR PLANO TX 75024-3105 143-68-4631 Employee/Obligor's Social Security Number 7259101890 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. $ all.oc $ o.oo $ o.oo ~ o.oo $ o.oo $ o.oo $ o.oo $ o.oo per month in current child support per month in past-due child support per month in current medical support per month in past-due medical support per month in current spousal support per month in past-due spousal support per month for genetic test costs per month in other (specify) one-time lump sum payment for a total of $ 811.00 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: $ 187.15 per weekly pay period. $ 405.50 per semimonthly pay period 374.31 , (twice a month) ~ per biweekly pay period (every two weeks) $ sli . 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). Pennsylvania law (23 PA C.S. § 4374(b)) requires remittance by an electronic payment method if an employer is ordered to withhold income from more than one employee and employs 15 or more persons, or if an employer has a history of two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND T CSES MEMBER lD (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY BER IN RDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: Arrears 12 weeks or greater? Q yes ®no DRO; R.J. Shadda -__,Q v ~'yv ~' Form EN-028 Rev.5 Service Type M OMB No.: 0970-0154 Worker I D $ IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ~ If~hecked you are required. to provide a~opy of this form to your em loyee. If yo r employee works in a state that is di Brent from the state that issued this or er, a copy must be providedpto your emp~oyee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/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/obligoranct 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%bligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. ~s2 s4s22io THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : ~ THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: O EMPLOYEE'S/OBLIGOR'S NAME: VAN NOSTRAND, BRADLEY EMPLOYEE'S CASE IDENTIFIER: 7259101890 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: FINAL PAYMENT AMOUNT NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee%bligor from employment, refusing to employ, or taking disciplinary action against any employee%bligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) (15 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks : If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA (1 5 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: * NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 1 1. Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by Internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Rev.S Service Type M OMB No.: 0970.0154 Worker I D $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: VAN NOSTRAND, BRADLEY PACSES Case Number 403109571 PACSES Case Number Plaintiff Name Plaintiff Name JEAN A. VAN NOSTRAND Docket Attachment Amount Docket Attachment Amount 00904 S 2007 $ 811.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB DYLAN J. VAN NOSTRAND 03/31/99 H~.I,EY' ~. VAN t~OSTRAtVD 01/13/95 COLE M. VAN NOSTRA.ND 09{05/96 PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo DOB Child(ren)'s Name(s): DOB Addendum Form EN-028 Rev.S Service Type M Worker I D $ IATT OMB No.: 0970-0154 RL~~-iJi~r~CE 0~ THc "r=-~"`~~TAF?Y 209 Jl~N -S P~1 3= 26 CUM~~ ~ ~~ ~t:ful~~~"t