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HomeMy WebLinkAbout07-4655DAN S. ESKIN, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. : No. d7 - ~ (05 ~ (~ i v~ I Term CONNIE ESKIN, :CIVIL ACTION -LAW Defendant : IN DIVORCE NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following papers, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree in Divorce or annulment maybe entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Phone: (717) 249-3166 DAN S. ESK1N, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. a 7- ~~s'~ CONNIE ESK1N, :CIVIL ACTION -LAW Defendant : IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING To the Within Named Defendant: You have been named as the Defendant in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302(d) of the Divorce Code, you may request that the Court require you and your spouse to attend marriage counseling prior to a divorce decree being handed down by the Court. A list of professional marriage counselors is available at the Office of the Prothonotary, One Courthouse Square, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. Prothonotary DAN S. ESKIN, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA CONNIE ESKIN, :CIVIL ACTION -LAW Defendant : IN DIVORCE MPLAINT UNDER SECTION 3301 OF THE DIVORCE CODE 1. Plaintiff is Dan S. Eskin, social security no. 18S-S4-9769, who currently resides at 1118 Saffron Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Defendant is Connie Eskin, social security no. 182-56-8910, who currently resides at 1118 Saffron Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on August 13, 1988, in Harrisburg, Pennsylvania. S. There have been no prior actions for divorce or annulment between the parties. 6. The Plaintiff is a citizen of the United States of America. 7. The Defendant is not a member of the Armed Services of the United States of America or its Allies. 8. The marriage is irretrievably broken. 9. The Plaintiffhas been advised of the availability of counseling and that the Plaintiffmay have the right to request that the Court require the parties to participate in counseling. 10. Plaintiffrequests the Court to enter a Decree in Divorce. 11. Plaintiff avers that he is the innocent and injured spouse, and that the Defendant has offered such indignities to the Plaintiff so as to render his condition intolerable and life burdensome. 12. This action is not collusive. COUNT II CLAIM FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3502 OF THE DIVORCE CODE 13. Plaintiff and Defendant are the owners of various real and personal property, motor vehicles, bank accounts and insurance policies acquired during their marriage which are subject to equitable distribution by this Court. WHEREFORE, the Plaintiffrequests the Court to enter a Decree: a. dissolving the marriage between the Plaintiff and Defendant; b. equitably distributing all property owned by the parties hereto; c. for such further relief as the Court may determine equitable and just. Respectfully submitted, Dated: -~ ' ~ ~ By: JAMES, SMITH, DIETTERICK & CONNELLY, LLP P.O. Box 650 ~ Hershey, PA 17033-0650 (717) 533-3280 Attorneys for Plaintiff Dan S. Eskin VERIFICATION I, Dan S. Eskin, verify that the statements made in the foregoing Complaint in Divorce are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: ~ '3-- (~'1 ~ / ~~ ~ ~/~' II~I~--- Dan S. Eskin tc '~' ~ ~ ~ ~~~ ~ O 1 c-~ c: ~ ~ c~ -~., -n Y`t.t .,•.. ~~a •~L ~ .. G-3 ~ r- -- _ _~ ~~, ~~~'' ',jam (.•~ v ~•a DAN S. ESKIN, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. : N0.07-4655 CONNIE ESKIN, :CIVIL ACTION -LAW Defendant : IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN ss. AND NOW, this 17~' day of August, 2007, personally appeared before me, a Notary Public in and for the State and County aforementioned, John J. Connelly, Jr., Esquire, who, being duly sworn according to law, deposes and says that a copy of the Divorce Complaint was served on the Defendant, Connie Eskin, on August 16, 2007, by certified mail number 7006 0810 0003 8376 4317, as evidenced by the return receipt card attached hereto and made a part hereof. Sworn to and subscribed before me this (~ ~ day of August, 2007. (~ w - Ol.a-1~,~.~.~ Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Maria B. LaRue, Notary Public Derry Twp., Dauphin County Wty Commission Expires Nov. 8, 2009 Member, Pennsylvania Association of Notaries ,+- ~, ^ Complete items 1; 2, and 9. Also complete item 4 ff ResMcted Delivery is desired. ^ Print your name and address on the reverse so that we can return the card to you. ^ Attach this card to the hack of the mailpiece, or ofrthe front ff space permits. 1. Art~le Addressed to: Conn-I e tis l~C~ ~ 1 ~~~ S0. ~Ffur~ 4~Ri J A Sl ir~re X - G~ d~drea~e B,i/teoeived by (PrM am C. Date of DelMery / i7 D. ~ delhre address dlffererd from Item 1? ^ Yes k~Yl eddre~ t~elovv: ~ Plc ~~ ~n 'n o t3gnae. Mdl I , ~ ~ ~A n t C S b U~ f~ ~ 1't ~ R~ ~ Retort, Receipt for Wad~rrdlae J rr~~ 0 Ineaed Mall ~ C.O.D. (~ S v 4. Reetrlcted DeNveyl(Ddra Fsell 2' "`~`~sNiiieef 7DD6 0810 0003 8376 4317 (lree^Ar rreanr awv~t» rbe/ PS Form 3811, Fetxuary 2004 DomeeUc genam Receipt tamewaa+a-taw ~ ~ . _, ' ~' m ~ -,., ,._._ ;• -,. C= _~; .} ~ John J. Connelly, Jr., Esquire Attorney I.D. No. 15615 James Smith Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Attorneys for Plaintiff/Petitioner DAN S. ESKIN, Plaintiff/Petitioner v. CONNIE ESKIN, DefendantlRespondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA N0.07-4655 CIVIL ACTION -LAW IN DIVORCE PETITION FOR EXCLUSIVE POSSESSION OF MARITAL RESIDENCE AND NOW, comes the Plaintiff/Petitioner, Dan S. Eskin, by and through his counsel, John J. Connelly, Jr., Esquire, and the law firm of James, Smith, Dietterick & Connelly, LLP, and petitions the Court for special relief as follows: 1. Petitioner is Dan S. Eskin, Plaintiff in the above-captioned action, currently resides at 1118 Saffron Drive, Mechanicsburg, Pennsylvania. 2. Respondent is Connie Eskin, Defendant in the above-captioned action, who periodically resides at 1118 Saffron Drive, Mechanicsburg, Pennsylvania. 3. The parties to this action were married on August 13, 1988 and are the parents of two (2) minor children, Zachary E. Eskin, born June 7, 1991 and Aaron M. Eskin, born July 10, 1993. Said children reside at 1118 Saffron Drive, Mechanicsburg, Pennsylvania. 4. On August 6, 2007, the- Petitioner filed a Complaint for Divorce against the Respondent to the above term and number. Respondent is represented by Melissa P. Greevy, Esquire in this matter. Plaintiff filed a count for equitable distribution of the marital property. 5. Since several months prior to the filing of the Divorce Complaint, the Respondent has spent numerous nights out of the household. 6. Your Petitioner believes and therefore avers that since June 20, 2007, which encompasses a period of approximately 14 weeks, on 42 occasions when the Petitioner and the minor children were in the household, the Respondent failed to return home. During this period of time, there were 13 days when the children and the Petitioner were on vacation and were not able to determine whether the Respondent came home or not. Petitioner believes that the nights the Respondent spent out of the household she was staying at her boyfriend's residence in Mechanicsburg, Pennsylvania coming home only to shower and change clothes. 7. The Petitioner believes and therefore avers that the Respondent's periodic return to the marital residence has been disruptive to the Petitioner's life and the parties' minor children and requests that the Court grant exclusive possession to the Petitioner. 8. Pursuant to Local Rule 208.3(a)(9), counsel for the Petitioner contacted counsel for the Respondent in the above-captioned action and counsel for the Respondent does not concur with the filing of this Petition. 2 WHEREFORE, Petitioner, Dan S. Eskin, requests this Honorable Court to enter an Order providing him with sole and exclusive possession of the marital residence located at 1118 Saffron Drive, Mechanicsburg, Pennsylvania, pending the resolution of the parties' divorce action. Respectfully submitted, JAMES, SMITH, DIETTERICK & CONNELLY, LLP Dated: ~ b - ~ ~l~ r1 By: Attorneys for Plaintiff/Petitioner 3 P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 vEI~cATTaly I, Dan S. Eskin, verify that the statemerns made in the foregoing Petition are true and correct. I understand that false statemerns herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. ~~~~ ~ Date: tJl~ - ~ 2~ ~ 7 Dan S. Estrin DAN S. ESKIN, : IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner :CUMBERLAND COUNTY, PENNSYLVANIA v. : N0.07-4655 CONNIE ESKIN, :CIVIL ACTION -LAW Defendant/Respondent : IN DIVORCE CERTIFICATE OF SERVICE I, Sohn J. Connelly, Jr., Esquire, of James, Smith, Dietterick & Connelly, LLP, attorney for the Petitioner, Dan S. Eskin, hereby certify that I have served a copy of the Petition for Exclusive Possession of Marital Residence on the following on the date and in the manner indicated below: U.S. MAIL. FIRST CLASS, PRE-PAID Melissa P. Greevy, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 JAMES, SMITH, DIETTERICK & CONNELLY, LLP Dated: ~ b -M ~ ~`~ By: Attorneys for Plaintiff/Petitioner P.V. Box 65U Hershey, PA 17033-0650 (717) 533-3280 r~ r'' -.. -- ~ r r a ~~ . -g7 . ~.. ~ i„_. ---j t~"~ ~ ~ w-~ 7 ~~ r.. ~~ _} , ~...E ~.._.'i ~.~ . ^. {~ ~i _ ,. ....... i ~"^~ i l 9 .., ~ .. w.,~ w ~= =~ ~- ~~DO7 ~ DAN S. ESKIN, Plainti ff/Petitioner v. CONNIE ESKIN, Defendant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA N0.07-4655 CIVIL ACTION -LAW IN DIVORCE ORDER OF COURT AND NOW, this ~ day of ~~~,~.~,Qi~ , 2007, upon considera~.ion of the attached Petition for Exclusive Possession of Marital Residence, the Petitioner, Dan S. Estrin, is granted exclusive possession of the marital residence located at 1118 Saffron Drive, Mechanicsburg, Pennsylvania 17050, pending a hearing before the Court scheduled fe~r the ~~ day of ~` 2007, at 3~ 00 ~./p.m. before The Honorable 1~~dt1GY~ ~` ~ ~~~ Cumberland County Courthouse, One Courthouse Square, Courtroom No. ~__, Carlisle, Pennsylvania. BY THE COURT: ~~ J. Distribution: Melissa P. Greevy, Esquire, P.O. Box 109, Lemoyne, PA 17043-0109 ~~~~~ t ES rYtdt John J. Connelly, Jr., Esquire, P.O. Box 650, Hershey, PA 17033 /vlS~o ~ `~/~ h Johnson, Duffie, Stewart ~ Weidner By: Melissa Peel Greevy I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Defendant DAN S. ESKIN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. N0.07-4655 GONNIE ESKIN, CIVIL ACTION -LAW Defendant IN DIVORCE MOTION FOR RECONSIDERATION AND REQUEST FOR EARLIER HEARING DATE T~`-` AND NOW, this ~ day of October, 2007, comes Defendant, Connie Estrin, by and through her undersigned attorneys, Johnson, Duffie, Stewart & Weidner, and moves the Court for reconsideration of the Court's Order of October 5, 2007 and an earlier hearing date, in which the following is a statement: 1. Plaintiff, Dan S. Estrin, filed a Petition for Exclusive Possession of the Marital Residence in which the parties reside at 11118 Saffron Drive, Mechanicsburg, Pennsylvania. The Petition was filed on October 2, 2007. 2. On October 5, 2007, Judge Hess, of this Court entered an Order scheduling a Hearing for eight (8) weeks subsequent on November 30, 2007, and granting the Plaintiff Exclusive Possession of the Marital Residence. 3. No Rule to Show Cause was entered, and Defendant was not afforded Due Process in the form of an opportunity to be heard on the Petition before the entry of the Order excluding her from the marital residence. . ,~~ 4. At the time of the filing of the Petition for Exclusive Possession of the Marital Residence, the Defendant was in inpatient treatment, and therefore out of touch with her family and counsel. 5. Defendant's counsel was not able to work with the Defendant to prepare and file an answer in response to the Petition, prior to the entry of the Court's Order of October 5, 2007, which was based solely upon the Plaintiff/Petitioner's allegations, and has only been able to speak briefly with Defendant on October 10, 2007 and October 12, 2007. 6. Defendant's counsel, while aware of the filing of the Petition for Exclusive Possession, had an agreement with Petitioner's counsel that any hearing which would be scheduled to hear the petition during the time when the Defendant was unavailable due to in- patient treatment, would be continued until she was available. 7. Counsel expected that the Court would enter a Rule to Show Cause in response to the Petition, and would provide the Defendant an opportunity to be heard before ruling on the Petition for Exclusive Possession. 8. Because of the Order, Defendant is temporarily staying at her sister's home in Clearfield County, three hours drive time from her place of employment, residence and children. 9. Plaintiff's allegations that Defendant's return to the residence would be disruptive, even if proven, are not sufficient to warrant imposition of the harsh remedy of granting Plaintiff exclusive possession of the marital residence. 10. The Superior Court recognized that "the exclusion of a spouse from the marital home during the pendency of a divorce proceeding is a harsh remedy that will not be awarded cavalierly." Laczkowski v. Laczkowski, 496 A. 2d 56, at 62 (Pa. Super. 1985). 11. In the Laczkowski case, exclusive possession was awarded where the Defendant was alleged to have "engaged in such harassment and mental cruelty and intimidation, and threats of violence" leading to Plaintiff s decision to take their 7 year old daughter and leave the marital home. Id. 12. No allegations of such severe behavior as "harassment, mental cruelty, intimidation or threats of violence" have been made or proven against Defendant. 13. Plaintiff s counsel has indicated that he is not available for the hearing date set by the Court of November 30, 2007. Defendant's counsel has a conflict at that time as well. 14. Counsel for both parties have agreed that the matter could be heard at an earlier date which could be coordinated between counsel and the Court's ca{endar. 15. Plaintiff's counsel was in court on October 10, 2007 and October 11, 2007 and has therefore been unable to respond to an attempts to seek concurrence on the within Motion as required by Local Rule 208.3(a)(9). However, the undersigned has now been informed Plaintiff's counsel does not concur with this Motion. WHEREFORE, the Defendant prays the Court to: a. VACATE the Order of October 5, 2007; b. Provide her with an opportunity to be heard before determining whether the Plaintiff s Petition for Exclusive Possession of the Marital Residence should be granted; c. Grant a new, earlier hearing date on the Plaintiff's Petition; and d. Allow the Defendant and counsel opportunity to meet and prepare and file an Answer to the Petition of October 2, 2007 prior to ruling on Plaintiff's Petition. oma.. /!7 / ~7 Respectfully submitted, JOH ON, DUF E, STEWART & WEIDNER Melissa Peel Greevy Attorney I.D. No. 77950 301 Market Street Post Office Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 Attorney for Plaintiff :3~Z~s2 CERTIFICATE OF SERVICE AND NOW, this ~~ day of October 2007, the undersigned does hereby certify that she did this date serve a copy of the foregoing Motion for Reconsideration and Request for Earlier Hearing Date upon Petitioner's counsel via Fax and by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: John J. ConneNy, Jr., Esquire P. O. Box 650 Hershey, PA 17033-0650 Via Fascimile to :717-533-7771 JOHNSON, DUFFIE, STEWART & WEIDNER By: Melissa Peel Greevy -r't <~, '?z 4 : ~' ~ "~~ . r_;r` __ i -~_i~ _:~ _ ;~ ~-.. 4.I _, i Y ~- f = .. ~.. .:r ~'~ --C4 ` ~ ~ OCT 12 2007,~~i Johnson, Duffle, Stewart 8~ Weidner By: Melissa Peel Greevy I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 DAN S. ESKIN, v. CONNIE ESKIN, Plaintiff Defendant Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-4655 CIVIL ACTION -LAW IN DIVORCE ORDER AND NOW, this ~a'` day of October, 2007, upon consideration of the Defendant's Motion for Reconsideration of this Court's Order of October 5, 2007, it is hereby ordered and directed as follows: 1. This Court's Order of October 5, 2007, granting the Petitioner/Plaintiff Exclusive Possession of the Marital Residence located at 1118 Saffron Drive, Mechanicsburg, Pennsylvania 17050 is VACATED, pending a hearing before the Court scheduled for the /G ` day of Noyc.~, L.t 2007, at i' 30 o'clock ~./p.m. before the Honorable Kevin A. Hess, Cumberland County Courthouse, One Courthouse Square, Courtroom No. 4, Carlisle, Pennsylvania. 2. A Rule is issued upon the Defendant to show cause why the relief sought by Plaintiff, in the form of Exclusive Possession of the Marital Residence, should not be granted. Rule returnable 2c days after service of this Order. By the Court: Kevin ~. A He: Dist: ~elissa Peel Greevy, Esquire, P. O. Box 109, Lemoyne, P~17043 J9hn J. Connelly, Jr., Esquire, P. O. Box 650, Hershey, P,,4 17033 IS,Lf 4~~,.. ~~ .. 'I ~C~ ~1~ ~ ~ tJU LU~4 ~~1.Vij~t'~J't.~.t.ivt~ ."~ii~iJ. ~V ~~~:?~-t1~li,~ DAN S. ESKIN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 07-4655 CONNIE ESKIN, CIVIL ACTION -LAW Defendant IN DIVORCE PETITION TO RAISE DEFENDANT'S CLAIMS PURSUANT TO Pa. R.C.P. 1920.15(b) AND NOW, this l ~~ day of October, 2007, Defendant, Connie Eskin, by and through her attorneys, Johnson, Duffle, Stewart & Weidner, files this Petition to Raise Defendant's Claims pursuant to Pa. R.C.P. 1920.15(b) and in support of her petitions avers as follows: COUNTI Custody 1. Petitioner is the Defendant above. Defendant incorporates herein by reference, the allegations set forth in Paragraphs 1 through 9 inclusive, of the Complaint as if the same were set forth herein at length. 2. Petitioner seeks shared custody of the parties' (2) minor children, Zachary E. Eskin, born June 7, 1991 and Aaron M. Eskin born July 10, 1993. 3. The children have resided with the parties, their natural parents, at 1118 Saffron Drive, Mechanicsburg, Pennsylvania, since 2002. 4. The children were both born in wedlock. 5. The mother of the children is Connie Eskin. She is married to the Plaintiff. 6. The father of the children is Dan S. Eskin, currently residing in the marital residence at 1118 Saffron Drive, Mechanicsburg, Pennsylvania. He is married to the Defendant. 7. The Petitioner has not participated as a party or witness, or in any other capacity, in other litigation concerning the custody of the children in this or another Court. 8. Petitioner has no information of a custody proceeding concerning the children pending in a Court in this Commonwealth or any other state. 9. Petitioner 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. 10. The best interest and permanent welfare of the children will be served by granting the Relief requested because the Petitioner has been the primary caregiver of the children throughout their lives, and she is willing to provide frequent and continuing contact for the children with their father. 11. Each parent whose parental rights to the children have not been terminated, and the person who have physical custody of the children has been named as party to this action. WHEREFORE, the Petitioner requests the Court grant shared physical and share legal custody of the children to the parties. COUNT II Alimonv Pendente Lite 12. The Petitioner is without sufficient funds to maintain herself adequately during the pendency of this action. 13. The Respondent in this action is gainfully employed and is financially able to pay your Petitioner a reasonable amount of alimony pendenfe lite. COUNT II Alimonv, Counsel Fees, Costs and Exaenses 14. Petitioner has employed counsel but is unable to pay the necessary costs, expenses and reasonable attorney's fees which will be incurred in this litigation. 15. Petitioner is unable to sustain herself during the course of this litigation. 16. Petitioner lacks sufficient property to provide for her reasonable means and is unable to support herself through appropriate employment. Petitioner requires reasonable support to adequately maintain herself in accordance with the standard of living established during the parties' marriage. WHEREFORE, Petitioner requests that this honorable Court enter an award of alimony, interim counsel fees, costs and expenses until final hearing and thereupon award such additional counsel fees, costs and expenses as deemed appropriate. JOHNSON, DUFFIE, STEWART & WEIDNER B ~ ~ ~-~x~ Melissa Peel Greevy ,Esquire I. D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717)761-4540 312784 ~- • CERTIFICATE OF SERVICE AND NOW, this ~0 ~ day of October, 2007, the undersigned does hereby certify that she did this date serve a copy of her Petition To Raise Defendant's Claims Pursuant To Pa. R.C.P. 1920.15(8) upon Plaintiff's counsel by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: John J. Connelly, Jr., Esquire P. O. Box 650 Hershey, PA 17033-0650 JOH N, D FFIE, STEWART 8~ WEIDNER B' Melissa Peel Greevy VERIFICATION I, Connie Eskin, verify that the statements made in the foregoing Petition are true and correct to tMe best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S.A §4904, relating to unsworn falsification'to authorities. Date: ~ ~ l ~a - 0 ~ Connie Eskin ~~ C'y {~- _ K~ ~ ~ ~ ~ O v 4~ s .,. , r ~~ ~~ r~ °a:~ , ~ ~ ~ ~ r -~7 - ~, ~ .. r~ `3 G~ _ti «~• DAN S. ESKIN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 07-4655 CONNIE ESKIN, CIVIL ACTION -LAW Defendant IN DIVORCE DEFENDANT'S ANSWER TO PLAINTIFF'S PETITION FOR EXCLUSIVE POSSESSION OF THE MARITAL RESIDENCE AND NOW, this ~~ r~~y of October, 2007, comes Defendant, Connie Eskin, by and through her undersigned attorneys, Johnson, Duffie, Stewart & Weidner, and answers the Defendant's Petition for Special Relief as follows: 1. Admitted. 2. Admitted to the extent that the Defendant if Connie Eskin, denied to the extent that it is suggested that the Respondent has established another residence, other than the marital residence at 1118 Saffron Drive, Mechanicsburg, Pennsylvania. 3. Admitted. 4. Admitted. 5. Denied as to the characterization of "numerous". Admitted that Respondent has spent nights out of the household during the summer of 2007. 6. First sentence: Denied as to the number of absences from the home over the stated period. Strict proof there of is demanded at time of hearing. By way of further answer the Respondent acknowledges that she was not home every night during the referenced period. Respondent did not keep a specific count as the Petitioner's pleading would suggest. Second sentence: Admitted as to the length of the vacation period. Denied that Petitioner could not determine whether Respondent came home. By way of further answer, ~ ~ Petitioner contacted Respondent on the land line at home on more than one occasion during the vacation and was also aware that spent some of the time with her terminally ill mother in Clearfield during Petitioner's vacation. Third sentence: Denied as to Respondent's .location during her absences from the residence. Strict proof there of is demanded at time of hearing. 7. Denied that Respondent's return has been disruptive. Strict proof of the allegations of this paragraph are demanded at time of hearing. 8. Admitted. WHEREFORE, Respondent, Connie Eskin, requests this Honorable Court to enter an Order denying the Plaintiff, Dan Eskin, exclusive possession of the Marital residence located at 1118 Saffron Drive, Mechanicsburg, Pennsylvania, pending the resolution of the parties' divorce action. Dated: r b ~~ c ~~ Respectfully submitted, Jo son uffie Stewart & Weidner, Melissa Peel Greevy ,Esquire I. D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717)761-4540 :313186 r '' CERTIFICATE OF SERVICE AND NOW, this 1 ~'~ day of October, 2007, the undersigned does hereby certify that she did this date serve a copy of her Answer to Plaintiffs Petition for Exclusive Possession of the Marital Residence upon Plaintiff's counsel by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: John J. Connelly, Jr., Esquire P. O. Box 650 Hershey, PA 17033-0650 JOHNSON UFFIE, STEWART & WEIDNER Melissa Peel Gr evy VERIFICATION I, Connie Eskin, verify that the statements made in the foregoing Answer are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S.A §4904, relating to unsworn falsification to authorities. Date: ~ ~ ~~ (o " 0 7 ..~. ~~ L. Connie Eskin r <` --_., ''- - ~ rr7~ ~.- ' -•,3 t-n .:~ "` lt7 _t"J~ ` J .1 ~ s ~ ~ ~ ~~ ' R :--a '~,. ~ ~.e.) "r. DAN S. ESKIN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. CONNIE ESKIN DEFENDANT • 2007-4655 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, October 25, 2007 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. ,the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, December Ob, 2007 at 10:30 AM for aPre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Hubert X. Gtlro Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-31 b6 z,~' ~ - ~ ~ ~p °~ ~ r ra^^V °~r r~ q `7,..x.4: `ft^~,~.~~ ,, ~j'..€~~~~f~ I ~ .4 ~~~ SZ ! ~D L~OI ~Q-~- C Q-~ a1 ~ ~ ~~ °~ A~~.Cr~~j;.;v..~~~:1 ~i~1. ~Q ~~'~w~ ~`-~1~L~ DAN S. ESKIN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION -LAW NO. 07-4655 CIVIL CONNIE ESKIN, Defendant : IN RE: DEFENDANT' S MOTION TO RECONSIDER ORDER AND NOW, this 2 r` day of October, 2007, at the request of counsel for the parties, hearing in the above-captioned matter set for November 16, 2007, is continued to Wednesday, December 19, 2007, at 9:00 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, ~hn Connelly, Jr., Esquire For the Plaintiff ~elissa P. Greevy, Esquire For the Defendant :rlm v~ ~~~ ~~~ ~~ ~.~~ l~~L Nov ~ X2001 ~y DAN S. ESHIN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION -LAW CONNIE ESHIN, NO. 2007-4655 Defendant IN CUSTODY COURT ORDER AND NOW, this ~,~ day of November, 2007, the Conciliator being advised that the parties desire to generally continue the Conciliation Conference scheduled in this case, the Conference scheduled is cancelled and the Conciliator relinquishes jurisdiction. Hubert X. Gilroy, Esquire Custody Conciliator ~ 4'Ro~ K S+t .E ~ £ I AaN 1001 I~~ldl~vr-IJ.Ok~d ~N3.30 ~t~.-~13 DAN S. ESKIN, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. : N0.07-4655 CONNIE ESKIN, :CIVIL ACTION -LAW Defendant : IN DIVORCE ORDER OF COURT AND NOW, this i ~ / day of December, 2007, based upon the attached Stipulation, the following Order is entered: 1. The Plaintiff, Dan S. Eskin, is hereby granted exclusive possession of the marital residence located at 11 l 8 Saffron Drive, Mechanicsburg, Pennsylvania 17050. 2. The exclusive possession shall begin on or before January 31, 2008, when the Defendant, Connie Eskin, shall vacate the residence. 3. The extension to'vacate is granted to the Defendant in~ order for her to secure another residence and in no event later than January 3l, 2008. 4. The Plainriff agrees that he shall advance to Wife an equitable distribution payment in the amount of $5,000.00. 5. Prior to Wife vacating the residence, the Plaintiff agrees that he will, as necessary, write checks to a landlord or owner of a property being leased by the Defendant which would include a security deposit and first month's rent. The remainder of the $5,000.00 payment shall be given to Wife at the time she vacates the residence. BY THE COURT: Distribution: Melissa P. Greevy, Esquire, P.O. Box 109, Lemoyne, PA 17043-0109 ~ ~ ~ John J. Connelly, Jr., Esquire, P.O. Box 650, Hershey, PA 17033 ~~ J. /rid l ~~~~o~ U` X 0 ,. ~, `'` ~ ~ ~ ~~4 1 \~ ~0 ~ti .,_ ,!' DAN S. ESKIN, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. : N0.07-4655 CONNIE ESKIN, :CIVIL ACTION -LAW Defendant : IN DIVORCE STIPULATION AND NOW, this l 8~' day of December, 2007, by and between Plaintiff, Dan S. Eskin, through his counsel John J. Connelly, Jr., Esquire and Defendant, Connie Eskin, through her counsel, Melissa P. Greevy, Esquire, the following shall be entered as an Order of Court: WHEREAS, Plaintiff filed a Petition for Exclusive Possession of the Marital Residence on October 2, 2007. WHEREAS, Defendant filed an Answer to Plaintiff's Petition for Exclusive Possession of the Marital Residence on October 19, 2007. WHEREAS, the Court scheduled a hearing on Plaintiff's Petition for Exclusive Possession for December 19, 2007 at 9:00 a.m. WHEREAS, it is the intent of the parties to enter into this Stipulation thereby eliminating the necessity of the scheduled hearing referenced above. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: The Plaintiff, Dan S. Eskin, is hereby granted exclusive possession of the marital residence located at 1118 Saffron Drive, Mechanicsburg, Pennsylvania 17050. +.. t .~ -•. ~-. ._,J`' 2. The exclusive possession shall begin on or before January 31, 2008, when the Defendant, Connie Eskin, shall vacate the residence. 3. The extension to vacate is granted to the Defendant in order for her to secure another residence and in no event later than January 31, 2008. 4. The Plaintiff agrees that he shall advance to Wife an equitable distribution payment in the amount of $5,000.00. 5. Prior to Wife vacating the residence, the Plaintiff agrees that he will, as necessary, write checks to a landlord or owner of a property being leased by the Defendant which would include a security deposit and first month's rent. The remainder of the $5,000.00 payment shall be given to Wife at the time she vacates the residence. Counsel for Plaintiff: 7oh . Co elly, Jr., Esq i DAN S. ESKIN, THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION -DIVORCE NO. 07-4655 CIVIL TERM CONNIE ESKIN, IN DIVORCE Defendant/Petitioner PACSES CASE NO: 905109745 ORDER OF COURT AND NOW, this 16th day of January, 2008, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby duected that the parties and their respective counsel appear before R. J. Shadday on February 5.2008 at 10:30 A.M. for a conference, at 13 N. Hanover St., Cazlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11© (4) verification of child Gaze expenses (5) proof of medical coverage which you may have, or may have available to you. If you fail to appeaz for the conference or bring the required documents, the Court may issue a warrant for your arrest. Copies mailed to: Petitioner Respondent Melissa Peel Greevy, Esq. John J. Connelly, Jr., Esq. Date of Order: January 16.2008 BY THE COURT, Edgaz B. Bayley, President Judge . . Sh ` y, C nference 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 O1KE, 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 Y +. a. ~ _a r4~ v yy 4I~ ... u...::.A : ,, t'µ. ^- + 1 ~ e. °' ..~ ~. , "S. _. DAN S. ESHIN, Plaintiff/Respondent VS. CONNIE ESKIN, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -DIVORCE NO. 07-4655 CIVIL TERM IN DIVORCE PACSES CASE ID: 905109745 ORDER OF COURT AND NOW, this 5th day of February 2008, based upon the Court's determination that Petitioner's monthly net income/earning capacity is $ n/a and Respondent's monthly net income/earning capacity is $ n/a, it is hereby ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit Five Hundred Fifty and 00/100 Dollars ($555.00) per month payable as follows: $555.00 per month for Alimony Pendente Lite and $0.00 per month on arrears. The effective date of the order is January 21, 2008. Arrears set at $748.90 as of February 5, 2008. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa.C.S.§ 3703. Further, if the Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and, at its discretion, make an appropriate Order, including, but not limited to, commitment of the Respondent to prison for a period not to exceed six months. Said money to be turned over by the PA SCDU to: Connie Eskin. Payments must be made by check or money order. All checks and money orders must be made payable to PA SCDU and mailed to: PA SCDU P.O. Box 69110 Harrisburg, PA 17106-9110 Payments must include the Respondent's PACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. cc360 A The monthly obligation includes cash medical obligation in the amount of $250 annually for unreimbursed medical expenses incurred for the spouse. Unreimbursed medical expenses of the oblige that exceed $250 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 Mazch 31St of the year following the calendar yeaz in which the final medical bill to be allocated was received. The unreimbursed medical expenses aze to be paid as follows: 60% by the Respondent and 40% by the Petitioner. [] Respondent [X] Petitioner [] Neither party to provide medical insurance coverage. Within thirty (30) days after the entry of this order, the [XJ Petitioner [] Respondent shall submit to the other party written proof that medical insurance coverage has been obtained or that application for coverage has been made. Proof of coverage shall consist, at a minimum, of: 1) the name of the health care coverage provider(s); 2) any applicable identification numbers; 3) any cards evidencing coverage; 4) the address to which claims should be made; 5) a description of any restrictions on usage, such as prior approval for hospital admissions, and the manner of obtaining approval; 6) a copy o the benefits booklet or coverage contract; 7) a description of all deductibles and co-payments; and 8) five copies of any claim forms. This Order is based upon an agreement of the parties and the following: The amount of the APL payment to the Defendant/Petitioner is reduced to $550.00 per month to reflect consideration of her contributions to the children's tennis and piano lessons which aze ongoing. Plaintiff/Respondent, in the terms of this Order, waives his claim to an adjustment for a mortgage contribution on the marital residence. In the event the Order is modified in the future and prior to the entry of the Decree in Divorce, the mortgage contribution claim by the Plaintiff/Respondent may be raised. This Order is reviewable after completion of a custody evaluation and any change in the current Custody Order. The parties have agreed that the Plaintiff/Respondent will make a direct payment from his quarterly bonus in the amount of 11.5% of his net bonus pay within seven (7) days of receipt thereof. The Plaintiff/Respondent will provide the Defendant/ Petitioner a copy of the pay stub from the bonus with each bonus payment. The net shall be calculated by deducting 27.5% from his gross bonus to arrive at the net figure. This Order shall become final twenty (20) after the mailing of the notice of the entry of the Order to the parties unless either parry files a written demand with the Prothonotary for a hearing de novo before the Court. Consented: Petitioner Respondent Petitioner's Attorney Respondent's Attorney BY THE COURT, /~ Kev' A. Hess, J. Mailed copies on: February 6, 2008 to: Petitioner Respondent Melissa Peel Greevy, Esq. John J. Connelly, Jr., Esq. DRO: R.J. Shadday ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania CO./City/Dlst.Of CUMBERLAND Date of Order/Notice 02/05/08 Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number BENTLEY SYSTEMS INC 690 PENNSYLVANIA DR EXTON PA 19341-1127 905109745 O Original Order/Notice 07-4655 CIVIL Q Amended Order/Notice Q Terminate Order/Notice RE: ESKIN, DAN S . Employee/Obligor's Name (Last, First, MI) 185-54-9769 Employee/Obligor's Social Security Number 1530101937 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. $ 550.00 per month in current support $ o . 00 per month in past-due support Arrears 12 weeks or greateri' Qyes ®no $ o . oo per month in current and past-due medical support $ o . oo per month for genetic test costs $ o . oo per month in other (specify) for a total of $ 550.00 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: $ _ 126.92per weekly pay period. $ 253.85per biweekly pay period (every two weeks). $ 275.00 per semimonthly pay period (twice a month). $ 550 . oo per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If required by Pennsylvania law (23 PA C.S. ~ 4374(b)) to remit by electronic payment method, please call Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. Date of Order: I• EB 0 S 2~~$ DRO: R.J. SHADDAY Service Type M BY THE COURT: ~' ~ KEVI HESS, JUDGE Form EN-028 Rev. OMBNO.:0970-0154 Worker ID $IATT Q+ 0 0•~ 55t1~-x ~~~'* 52• ~ ~'~• 92 554•x ~~ ~~' % 253~85* r ,~ ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ^ If ~hecke~l you are required, to provide a~opy of this form to your m loyee. If your employee works in a state that is di Brent rrom the state that issued this o er, a copy must be provi~edpto your employee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one 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%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. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 9539366230 EMPLOYEE'S/OBLIGOR'S NAME:- ESKIN, DAN S. EMPLOYEE'S CASE IDENTIFIER: 1530101937 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee%bligortrom 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 (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. t t.Submitted By: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by Internet www.childsupport.state.pa.us If you or your employee%bligor have any questions, contact WAGE ATTACHMENT UNIT Service Type M Page 2 of 2 Form EN-028 Rev. 1 Worker ID $IATT OMB No.: 0970-0754 ~ ~ ADDENDUM Summary of Cases on Attachment Defendant/Obligor: ESKIN, DAN S . PACSES Case Number 905109745 Plaintiff Name CONNIE ESKIN Docket Attachment Amount 07-4655 CIVIL$ 550.00 Child(ren)'s Name(s): DOB ^ If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 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) identified above in any health insurance coverage available through the employee's/obligor's employment. Service Type M PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ^ If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 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) identified above in any health insurance coverage available through the employee's/obligor's employment. OMB No.: 0970-0154 Addendum Form EN-028 Rev. 1 Worker I D $ IATT ~ o .. c~ ~ ~ ~„ ., f ~} : r r J , C~'~ ~N ~. .- r:, R` y ~ ~"~m ~" .s~ ~ a r~ ~ 6 2008`~n DAN S. ESK1N, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION -LAW CONNIE ESKIN, N0.2007-4655 Defendant IN CUSTODY COURT ORDER AND NOW, this ~ ` day of February, 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that the following INTERIM Order is entered: 1. The father, Dan Eskin, and the mother, Connie Eskin, shall enjoy shared legal custody of Zachary E. Eskin, born June 7, 1991 and Aaron M. Eskin, born July 10, 1993. 2. The father shall enjoy primary physical custody of the minor children. 3. The mother shall enjoy liberal periods of temporary physical custody of the minor children as follows: A. On alternating weekends from Friday after work until Monday morning when the children shall be delivered to school by mother. B. For two evenings per week from after work until 8:00 p.m. The parties shall communicate with each other and agree upon the evenings. Absent an agreement, the evenings shall be Tuesday and Thursday evening. C. At such other times as agreed upon by the parties. 4. Both parents shall insure that the minor children complete all of their homework requirements when they are in the custody of either parent and shall also insure that the children attend all school, athletic, and extra curricular activities that the children are involved in. 5. Neither parent shall consume alcohol or be under the influence of alcohol during the time they have custody of the minor children. 6. Legal counsel for the parties may contact the Custody Conciliator at anytime to schedule another Custody Conciliation Conference which may be done via a telephone conference between the attorneys and the Conciliator. 7. The parties shall submit themselves and the minor children to a custody evaluation to be performed by a professional selected by legal counsel for the parties. The expense for the -~ ~' evaluation, after any appropriate deductions for insurance provided for either party, shall be paid by the parties in a prorata share based upon the net taxable income of the parties as shown on their W-2's for 2007. 8. The alternating weekend schedule set forth above shall commence as of February 1, 2008. 9. In the event either parent needs to modify the schedule above because of work or other commitments, they shall give the other parent at least one week notice where they desire to modify the alternating weekend schedule and at least 48 hours notice where they desire to modify the weeknight visitation schedule. 10. In the event father is out of town on work or other commitments, mother shall have custody of the minor children at that time. 11. This is an interim Order put in place pending the results of the custody evaluation referenced above. Upon the conclusion of the evaluation and in the event the parties are unable to reach an agreement on a permanent Order, the Court will schedule a hearing on the merit of this case. BY THE COURT, r' / Judge K~n A. Hess cc: Melissa P. Greevy, Esquire ~ohn J. Connelly, Esquire e~~/~j BILL `~-,,.~ ~, DAN S. ESKIN, Plaintiff v CONNTE ESKIN, Defendant Prior Judge: Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL ACTION -LAW N0.2007-4655 IN CUSTODY CONCII.IATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CNIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Zachary E. Eskin, born June 7, 1991, and Aaron M. Eskin, born July 10, 1993. 2. A Conciliation Conference was held on January 31, 2008, with the following individuals in attendance: The father, Dan Eskin, with his counsel, Melissa P. Greevy, Esquire, and the mother, Connie Eskin, with her counsel, John J. Connelly, Jr., Esquire. 3. After hearing the respective positions of the parties from their attorneys, the Conciliator recommends the following Order which shall be an interim Order of Court subject to modification at a later date. Date: February ~, 2008 G2 V Hubert X. Gilro ,Esquire Custody Con ' iator DAN S. ESKIN, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION -DIVORCE NO. 07-4655 CIVIL TERM CONNIE ESKIN, IN DIVORCE Defendant/Petitioner . PACSES CASE ID: 905109745 AMENDED ORDER OF COURT AND NOW, this 14th day of February 2008, based upon the Court's determination that Petitioner's monthly net income/earning capacity is $ n/a and Respondent's monthly net income/earning capacity is $ n/a, it is hereby ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit Five Hundred Fifty and 00/100 Dollars ($550.00) per month payable as follows: $550.00 per month for Alimony Pendente Lite and $0.00 per month on arrears. First payment due: on or before February 20, 2008 and by the 20th of each month thereafter. The effective date of the order is January 21, 2008. Arrears set at $0.00 as of February 14, 2008. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa.C.S.§ 3703. Further, if the Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and, at its discretion, make an appropriate Order, including, but not limited to, commitment of the Respondent to prison for a period not to exceed six months. Said money to be turned over by the PA SCDU to: Connie Eskin. Payments must be made by check or money order. All checks and money orders must be made payable to PA SCDU and mailed to: PA SCDU P.O. Box 69110 Harrisburg, PA 17106-9110 Payments must include the Respondent's PACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. cc360 The monthly obligation includes cash medical obligation in the amount of $250 annually for unreimbursed medical expenses incurred for the spouse. Unreimbursed medical expenses of the oblige that exceed $250 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: 60% by the Respondent and 40% by the Petitioner. [] Respondent [X] Petitioner [] Neither party to provide medical insurance coverage. Within thirty (30) days after the entry of this order, the [X] Petitioner [] Respondent shall submit to the other party written proof that medical insurance coverage has been obtained or that application for coverage has been made. Proof of coverage shall consist, at a minimum, of: 1) the name of the health care coverage provider(s); 2} any applicable identification numbers; 3) any cards evidencing coverage; 4) the address to which claims should be made; 5) a description of any restrictions on usage, such as prior approval for hospital admissions, and the manner of obtaining approval; 6) a copy o the benefits booklet or coverage contract; 7) a description of all deductibles and co-payments; and 8) five copies of any claim forms. This Order is based upon an agreement of the parties and the following: The amount of the APL payment to the DefendantlPetitioner isreduced to $550.00 per month to reflect consideration of her contributions to the children's tennis and piano lessons which are ongoing. PlaintifflRespondent, in the terms of this Order, waives his claim to an adjustment for a mortgage contribution on the marital residence. In the event the Order is modified in the future and prior to the entry of the Decree in Divorce, the mortgage contribution claim by the PlaintifflRespondent may be raised. This Order is reviewable after completion of a custody evaluation and ay change in the current Custody Order. The parties have agreed that the Plaintiff/Respondent will make a direct payment from his quarterly bonus in the amount of 11.5% of his net bonus pay within seven (7} days of receipt thereof. The PlaintifflRespondent will provide the Defendant! Petitioner a copy of the pay stub from the bonus with each bonus payment. The net shall be calculated by deducting 27.5% from his gross bonus to arrive at the net figure. This Order shall become final twenty (20) after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Prothonotary for a hearing de novo before the Court. BY THE COURT, / ~ /~ evin A. Hess, J. Mailed copies on: February 14, 2008 to: Petitioner Respondent Melissa Peel Greevy, Esq. John J. Connelly, Jr., Esq. DRO: R.J. Shadday r.a -~ ~ ~ ~ '~ ~ '!~° "~ :" ~1 -,. C W m rrl Co A -C - - C= 71 f ?1 ivy C: rte, i'; Johnson, Duffle, Stewart & Weidner By: Melissa Peel Greevy, Esquire 1. D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 mpg@jdsw.com Attorneys for Defend ant/Petitioner DAN S. ESKIN, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. : NO. 07-4655 CONNIE ESKIN, CIVIL TERM : PACKS CASE ID: 905109745 Defendant IN DIVORCE PETITION TO MODIFY ALIMONY PENDENTE LITE AND TERMINATE CHILD SUPPORT OBLIGATION P And now this day of August, 2011, comes the Defendant/Petitioner, Connie Eskin, and to file this Petition to Modify Alimony Pendente Lite and Terminate Child Support Obligation and in support thereof avers as follows: i?k ?• y 1. Defendant/Petitioner is Connie Eskin of 6351 Galleon Drive, Mechanicsburg, Pennsylvania, 17050. 2. Plaintiff/Respondent is Dan Eskin of 1118 Saffron Drive Mechanicsburg, Pennsylvania 17050. 3. Defendant/Petitioner is represented by Melissa Peel Greevy, Esquire. 4. Plaintiff/Respondent is represented by John J. Connelly, Jr, Esquire. 5. The children subject to the child support cross claim filed by Plaintiff/Respondent have graduated from high school: Zachary E. Eskin was born June 7, 1991, now age 20. Aaron M. Eskin was born July 10, 2011, now age 18. 6. Because both children are 18 or older, the child support obligation should terminate by operation of law and the Plaintiff/Respondent's Alimony Pendente Lite obligation should increase. Date: Respectfully submitted, JOHNSON,DUFFIE, STEWART & WEIDNER By: '•2 CYO \-, Melissa Peel Greevy Attorney I.D. No. 77950 301 Market Street Post Office Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 Attorney for Defendant/Petitioner VERIFICATION I, CONNIE ESKIN, verify that the statements made in the foregoing Petition are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S.A §4904, relating to unsworn falsification to authorities. Date: 7 g,- CONNIE ESKIN CERTIFICATE OF SERVICE AND NOW, this I day of August, 2011, the undersigned does hereby certify that she did this date serve a copy of the foregoing Petition to Modify Alimony Pendente Lite and Terminate Child Support Obligation. John J. Connelly, Jr., Esquire P. O. Box 650 Hershey, PA 17033-0650 By: JOHNSON, DQFFIE, STEWART & WEIDNER ?wl Melissa Peel Greevy :451410 DAN S. ESKIN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA - c VS. CIVIL ACTION - DIVORCE c c0 3- --7- --n G-) -j NO. 07-4655 CIVIL TERM -1? > cn rr CONNIE ESKIN, IN DIVORCE Defendant PACSES CASE: 905109745 r `? = co ORDER OF COURT A AND NOW, this 2nd day of August 2011, a petition has been filed against you, Dan S. Eskin, 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 15, 2011, at 9:00 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. Copies mailed to: Petitioner Respondent Melissa P. Greevy, Esq. John J. Connelly, Jr., Esq. Date of Order: August 2, 2011 _ 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 32 S. BEDFORD ST. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 BY THE COURT, In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION CONNIE ESKIN Docket Number: 07-4655 CIVIL Plaintiff vs. PACSES Case Number: 9051045 - .i DAN S. ESKIN -03: ? Defendant Other State ID Number: zM r i -- Cn C3-? ;Z: Order w ; AND NOW to wit, this SEPTEMBER 13, 2011 it is hereby Orde red th'6t: :> ' PURSUANT TO THE PARTIES' MARITAL SETTLEMENT AGREEMENT OF SEPTEMBER 12, 2011, THE ALIMONY PENDENTE LITE ORDER IS TERMINATED EFFECTIVE AUGUST 1, 2011 WITH A CREDIT OF $1,100.00 AND THAT SUM IS DIRECTED TO THE ESTABLISHED ALIMONY ACCOUNT AS A CREDIT. THE SCHEDULED MODIFICATION CONFERENCE FOR SEPTEMBER 15, 2011 IS CANCELLED. BY THE COURT: Form OE-520 02/11 Service Type M Worker ID 21205 Melissa Peel Greevy, Esquire FILED-OFFICE Attorney I.D. No. 77950 £ ThIE PROTHONOTARY 301 Market Street P.O. Box 109 2011 SEP 15 PM 12: 03 Lemoyne, PA 17043-0109 Attorneys for Defendant CUMBERLAND COUNT" aPENNSYLVANIA DAN S. ESKIN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 07-4655 CONNIE ESKIN, : CIVIL ACTION - LAW Defendant : IN DIVORCE PRAECIPE TO WITHDRAW CLAIMS TO THE PROTHONOTARY: Please withdraw the claims for alimony, alimony pendente lite, counsel fees and expenses filed on behalf of Defendant in the Date: 0?? menssa reel ureevy, Esquire Attorney I.D. #77950 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 (phone) (717) 761-3015 (fax) Attorneys for Defendant John J. Connelly, Jr., Esquire Attorney I.D. No. 15615 L ?? 4 James Smith Dietterick & Connelly, LLP' C??j` P.O. Box 650 ?? ????????????? Hershey, PA 17033 Attorneys for Plaintiff DAN S. ESKIN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 07-4655 CONNIE ESKIN, : CIVIL ACTION - LAW Defendant : IN DIVORCE PRAECIPE TO WITHDRAW CLAIMS TO THE PROTHONOTARY: Please withdraw the claim for equitable distribution filed on behalf of Plaintiff in the above- captioned divorce action. JAMES, SMITH, DIETTERICK & CONNELLY, LLP Dated: j-jq- ( By: bnn ly, Jr. o I.D 5615 P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 Attorneys for Plaintiff DAN S. ESKIN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 07-4655 cam' :ICO CONNIE ESKIN, : CIVIL ACTION - LAW rn ^f5V - Defendant : IN DIVORCE .yc:) -0 AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on August 6, 2007. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of both the filing and service of 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 above are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. Date: ti - - Dan S. Eskin, Plaintiff ? cra ? r? ?-°-- DAN S. ESKIN, : IN THE COURT OF COMMON PLEAS -' -' Plaintiff : CUMBERLAND COUNTY PENNSYLVAN`l?? , V. : NO. 07-4655 77 CONNIE ESKIN, : CIVIL ACTION - LAW -; ~- Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made above are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unworn falsification to authorities. Date: a -I 1- "'J, •ti Dan S. Eskin, Plaintiff DAN S. ESKIN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO 07-4655 . c cn -7' CONNIE ESKIN, : CIVIL ACTION - LAW ? Defendant : IN DIVORCE ? `? =a=:: C -J - - ? ' AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on August 6, 2007. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of both the filing and service of 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 above are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unworn falsification to authorities. C?' 1 ? Date: / _ C/ `r r , Connie Eskin, Defendant DAN S. ESKIN, : IN THE COURT OF COMMON PLEAS r Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA, V. : NO. 07-4655 F. CONNIE ESKIN, : CIVIL ACTION - LAW Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made above are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. Date: i? Connie Eskin, Defendant 4. Related claims pending: All claims have been settled pursuant to a Marital Settlement Agreement dated September 12, 2011. 5. Date and manner of service of the notice of intention to file Praecipe to Transmit Record, a copy of which is attached, if the decree is to be entered under Section 3301(d) of the Divorce Code: or, date of execution of Waiver of Notice of Intention to Request Entry of a Divorce Decree under Section 3301(c) of the Divorce Code: by Plaintiff: September 12, 2011; by Defendant: September 9, 2011. and, date of filing of the Waiver of Notice of Intention to Request Entry of a Divorce Decree: Both Plaintiffs and Defendant's Waivers are being filed simultaneously with this Praecipe. JAMES, SMITH, DIETTERICK & CONNELLY, LLP Dated: 1041 By: P.G-. Box 650 Hershey, PA 17033-0650 (717) 533-3280 Attorneys for Plaintiff s 4 DAN S. ESKIN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CONNIE ESKIN, Defendant NO. 07-4655 CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a Divorce Decree: 1. Ground for divorce: irretrievable breakdown under Section ( x ) 3301(e) ( ) 3301(d) of the Divorce Code. 2. Date and manner of service of the Complaint: Upon Defendant by certified, restricted mail on August 16, 2007, as evidenced by the Affidavit of Service on record. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent and Waiver of Counseling required by Section 3301(c) of the Divorce Code: by Plaintiff. September 12, 2011; by Defendant: September 9, 2011. (b) (1) Date of execution of the Plaintiffs Affidavit required by Section 3301(d) of the Divorce Code: (2) Date of service of the Plaintiffs Affidavit upon the Defendant: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAN S. ESKIN V. CONNIE ESKIN NO. 07-4655 DIVORCE DECREE AND NOW, 2 r? , it is ordered and decreed that DAN S. ESKIN , plaintiff, and CONNIE ESKIN 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. By the Court, Prothonotary ed Nd7??e? C? ?' 'J ?y COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA C-) Dan S. Eskin -u3 Plaintiff CIVIL ACTION - LAW ? m ?i 7D r.., VS. IN DIVORCE c"; Connie Eskin NO. 07-4655 - _ i• Defendant STIPULATION FOR THE ENTRY OF "DOMESTIC RELATIONS ORDER"' AND NOW, this day of r o v a O'I , the parties, Dan S. Eskin, Plaintiff, and Connie Eskin, Defendant, do hereby Agree and Stipulate as follows: The Plaintiff, Dan S. Eskin (hereinafter referred to as "Member"), is a member of the Commonwealth of Pennsylvania, State Employees' Retirement System (hereinafter referred to as "SERS") 2. SERS, as a creature of statue, is controlled by the State Employees' Retirement Code, 71 Pa. C.S. §§5101-5956 ("Retirement Code") 3. Member's date of birth and Social Security number are contained in the attached Addendum. 4. The Defendant, Connie Eskin (hereinafter referred to as "Alternate Payee"), is the former spouse of Member. Alternate Payee's date of birth and Social Security number are contained in the attached Addendum. 5. Member's last known mailing address is: 1118 Saffron Drive Mechanicsburg, PA 17050 6. Alternate Payee's current mailing address is: 6351 Galleon Drive Mechanicsburg, PA 17050 DRO Page 2 It is the responsibility of the Alternate Payee to keep a current mailing address on file with SERS at all times. 7. The Alternate Payee is entitled to a portion of the Member's benefits under the Plan as set forth below. The Plan is hereby directed to pay Alternate Payee's share directly to Alternate Payee. 8. The Member is currently receiving a monthly annuity for his lifetime pursuant to the terms of a Maximum Single Life Annuity ("MSLA"). Member's retirement options are final, binding, and irrevocable. Should Member return to State service, Member and Alternate Payee understand and acknowledge that payments to both Member and Alternate Payee shall be suspended for the duration of Member's subsequent State service. SERS shall not be required to make payments to Alternate Payee during any period in which Member is engaged in active State service subsequent to the approval of this Stipulation and Agreement. Member and Alternate Payee further understand that upon Member's re-retirement after a period of State service subsequent to his first retirement, SERS will not make retroactive benefit payments to Member, Alternate Payee, or any other person for any period in which Member was engaged in active State service subsequent to his first retirement. 9. The Alternate Payee's share of Member's retirement benefit is $68.10 of the Member's gross MSLA payment, together with 40.15% of any death benefit payable in the event the Member dies before receiving annuity payments totaling his accumulated deductions at retirement. The Alternate Payee shall receive a pro rata share of any scheduled or ad hoc increase that is applied to Member's gross monthly annuity. 10. Payments to the Alternate Payee shall commence as soon as administratively feasible on or about the date SERS approves the Domestic Relations Order incorporating this Stipulation and Agreement. 11. The share of Member's retirement benefit payable to Alternate Payee pursuant to this Stipulation and Agreement shall be deducted from the Member's monthly annuity payments and/or death benefit payment by SERS and paid to the Alternate Payee. DRO Page 3 12. Member hereby nominates Alternate Payee as an irrevocable beneficiary to the extent of Alternate Payee's share of Member's retirement benefit, which pursuant to Paragraph 9 includes 40.15% of any death benefit payable under the MSLA. This nomination shall become effective upon approval by the Secretary of the Retirement Board, or his authorized representative, of any Domestic Relations Order incorporating this Stipulation and Agreement. The balance of any death benefit remaining after the allocation of Alternate Payee's equitable distribution portion ("Balance") shall be paid to the beneficiaries named by Member on the last Nomination of Beneficiaries Form filed with the Retirement Board prior to Member's death. (a) If the last Nomination of Beneficiaries Form filed by Member prior to Member's death (a) predates any approved Domestic Relations Order incorporating this Stipulation and Agreement, and (b) names Alternate Payee as a beneficiary, then: (1) the terms of the Domestic Relations Order shall alone govern Alternate Payee's share of any death benefit, and (2) for purposes of paying the Balance via the last Nomination of Beneficiaries Form filed with the Retirement Board prior to Member's death, Alternate Payee shall be treated as if Alternate Payee predeceased Member. No portion of the Balance shall be payable to Alternate Payee's estate. (b) In addition, Member shall execute and deliver to Alternate Payee an authorization, in a form acceptable to SERS, which will authorize SERS to release to Alternate Payee all relevant information concerning Member's retirement account. Alternate Payee shall deliver the authorization to SERS which will allow the Alternate Payee to check that she has been and continues to be named as beneficiary for 10.83% of any death benefit. 13. If the Alternate Payee dies before the Member, the Alternate Payee's share of the member's pension and any death benefit payable shall revert to the Member. 14. Alternate Payee may not exercise any right, privilege or option offered by SERS. SERS shall issue individual tax forms to Member and Alternate Payee for amounts paid to each. 15. In no event shall Alternate Payee have greater benefits or rights other than those which are available to Member. Alternate Payee is not entitled to any benefits not otherwise provided by SERS. The Alternate Payee is only entitled to the specific benefits offered by SERS as DRO Page 4 provided in this Order. All other rights, privileges and options offered by SERS not granted to Alternate Payee by this Order are preserved for Member. 16. It is specifically intended and agreed by the parties hereto that this Order: (a) Does not require SERS to provide any type or form of benefit, or any option not otherwise provided under the Retirement Code; (b) Does not require SERS to provide increased benefits (determined on the basis of actuarial value) unless increased benefits are paid to Member based upon cost of living or increases based on other than actuarial values. 17. The parties intend and agree that the terms of this Stipulation and Agreement shall be approved, adopted and entered as a Domestic Relations Order. 18. The Court of Common Pleas of Cumberland County, Pennsylvania, shall retain jurisdiction to amend any Domestic Relations Order incorporating this Stipulation and Agreement, but only for the purpose of establishing it or maintaining it as a Domestic Relations Order; provided, however, that no such amendment shall require SERS to provide any type or form of benefit, or any option not otherwise provided by SERS, and further provided that no such amendment or right of the Court to so amend will invalidate this existing Order. 19. Upon entry as a Domestic Relations Order, a certified copy of the Domestic Relations Order and this Stipulation and Agreement and any attendant documents shall be served upon SERS immediately. The Domestic Relations Order shall take effect immediately upon SERS approval and SERS approval of any attendant documents and then shall remain in effect until further Order of the Court. DRO Page 5 WHEREFORE, the parties, intending to be legally bound by the terms of this Stipulation and Agreement, do hereunto place their hands and seals. BY THE COURT J . w es?-7ble-r, 7). i. Plaintiff/Member C --?' Ck- 'w " ?' v Attprn y( for aintiff/Member ?- i' C John J. Connell 141, Jr, Est Ord Defendant/Alternate Payee Attorney for Defendant/Alter4te Payee COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 1, .= Dan S. Estrin r-.) Plaintiff CIVIL ACTION - LAW MM CD r- - -a r vs. IN DIVORCE W o ? r -, Connie Eskin NO. 07-4655' Defendant z r" QUALIFIED DOMESTIC RELATIONS ORDER r! 7:1 This Order is intended to be a qualified domestic relations order ("QDRO"), as that te rm is defined in §206(d) of the Employee Retirement Income Security Act of 1974 ("ERISA") and §414(p) of the Internal Revenue Code of 1986 ("Code"). This QDRO is granted in accordance with applicable state domestic relations laws which relate to marital property rights, child support, and/or spousal support between spouses and former spouses in matrimonial actions. SECTION 1. IDENTIFICATION OF PLAN This Order applies to benefits under the Bentley Systems, Incorporated Profit Sharing/401(k) Plan ("Plan") SECTION 2. IDENTIFICATION OF PARTICIPANT AND ALTERNATE PAYEE a. The "Participant" is Dan S. Eskin. The Participant's last known mailing address is 1118 Saffron Drive, Mechanicsburg, PA 17050. The Participant's Social Security number and date of birth are contained in the attached Addendum. b. The "Alternate Payee" is Connie Eskin. The Alternate Payee's last known mailing address is 6351 Galleon Drive, Mechanicsburg, PA 17050. The Alternate Payee's Social Security number and date of birth are contained in the attached Addendum. The Alternate Payee is the former spouse of the Participant. r DRO Page 2 SECTION 3. AMOUNT OF BENEFIT TO BE PAID TO ALTERNATE PAYEE The Alternate Payee is hereby assigned an interest in and entitled to receive the following amount from the Participant's vested account balance in the Plan as of the date of account segregation. The Alternate Payee's interest shall be satisfied by transferring pro rata by source (excluding the Participant's loan fund, if any) such interest to a separate account under the Plan on behalf of the Alternate Payee. The shares to transfer by investment fund are as follows: Fund No. of Shares American Century Strategic Allocation Aggressive 2,004.1421 American Funds Growth Fund of America 744.5775 JP Morgan US Equity 1,217.4146 Prudential Jennison Mid Cap Growth 563.7266 Bentley Systems Common Stock 522.8980 The Alternate Payee is not entitled to earnings, gain and losses on the specified amount until such time as the Alternate Payee's segregated account is established by the Plan. If the Participant's account balance in the Plan includes an outstanding loan balance, the loan will remain an asset of the Participant's accotuits. The amount of such outstanding loan balance will not be included in the Participant's total account balance for purposes of determining the Alternate Payee's interest. SECTION 4. FORM AND COMMENCEMENT OF PAYMENT The Alternate Payee may elect to receive payment from the Plan of benefits assigned to the Alternate Payee under this Order in any form in which such benefits may be paid under the Plan to the Participant, other than in the form of a qualified joint and survivor annuity with respect to the Alternate Payee and his or her subsequent spouse, if any, but only if the form elected complies with the minimum distribution requirements of §401(a)(9) of the Code. Payments to the Alternate Payee pursuant to this Order shall be in accordance with the Plan terms and commence as soon as practicable after this Order has been determined to be a qualified DRO Page 3 domestic relations order, and upon receipt of the Alternate Payee's properly completed benefit election form. SECTION 5. DEATH OF PARTICIPANT Any amounts assigned to the Alternate Payee under this Order shall not be affected by the Participant's death. SECTION 6. DEATH OF ALTERNATE PAYEE If the Alternate Payee dies prior to receiving his or her share of the Participant's account balance assigned to such Alternate Payee under the terms of this Order, the Alternate Payee's share shall be made to a beneficiary designated by the Alternate Payee on a form approved by the Plan. In the absence of a designated beneficiary, the Alternate Payee's share shall be paid based on the terms of the Plan. SECTION 7. INVESTMENT DIRECTION, LOANS AND HARDSHIP DISTRIBUTIONS To the extent permitted by the Plan, the Alternate Payee shall be permitted to direct investment of her separate interest to the same extent as the Participant is entitled to direct the investment of her account balances. To the extent not inconsistent with the terms of the Plan., the Alternate Payee shall not be eligible for hardship distributions or loans. SECTION 8. CONSTRUCTIVE RECEIPT In the event that the plan trustee inadvertently pays to the Participant any benefits that are assigned to the Alternate Payee pursuant to the terms of this Order, the Participant shall immediately reimburse the Alternate Payee to the extent that he has received such benefit payments, and shall forthwith pay such amounts so received directly to the Alternate Payee within ten (10) days of receipt. In the event the plan trustee inadvertently pays to the Alternate Payee any benefits that were assigned to the Participant pursuant to the terms of this Order, the Alternate Payee shall DRO Page 4 reimburse the Plan, to the extent and she has received such overpayment, within ten (10) days of receipt of such notice of overpayment. SECTION 9. COMPLIANCE WITH APPLICABLE LAWS The parties to this Order intend that it comply with applicable provisions of ERISA and the Code. Nothing in this Order shall require the Plan. a. To provide any type or form of benefit, or any option, not otherwise provided under the Plan; b. To provide increased benefits (determined on the basis of actuarial value); and c. To pay benefits to any Alternate Payee that are required to be paid to another Alternate Payee under another Order previously determined to be a qualified domestic relations order. SECTION 10. TAX TREATMENT OF BENEFITS TO ALTERNATE PAYEE Any benefit payment to the Alternate Payee pursuant to this QDRO shall be taxable to the Alternate Payee as provided in Sections 72 and 402 of the Code, and shall not be taxable to the Participant. Determination and allocation of the Participant's investment in the Plan, if any, shall be made in accordance with the provisions of Section 72(m)(10) of the Code. DRO Page 5 SECTION 11. RESERVATION OF JURISDICTION The Court reserves jurisdiction over the parties and the subject matter to amend this Order to establish and maintain its status as a QDRO under ERISA and the Code. IT IS SO ORDERED: Date: O o 231 2-011 CONSENT TO ORDER: Plaintiff/Participant ate ? 11 IV ttor for intiff/ Date ant V JohnAonoell4,Jr,k `-*" Melissa, P. &ea4, E---,CL ternate Payee Attorney for Defendant/ Alternate Payee O*iM 11-7-11 Date Date