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HomeMy WebLinkAbout07-4713DONALD E. HOSTETTER, ) Plaintiff ) vs. ) STEPHANIE J. HOSTETTER, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. p). y7/3 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 foregoing pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree in divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for 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: Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 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 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 DONALD E. HOSTETTER, ) Plaintiff ) vs. ) STEPHANIE J. HOSTETTER, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 0 ~- Y7/~ IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint 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 being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, 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 days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. DONALD E. HOSTETTER, ) Plaintiff ) vs. ) STEPHANIE J. HOSTETTER, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. o'_ x{7/3 C'~ ~-- IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes the above-named Plaintiff, DONALD E. HOSTETTER, by his attorney, Samuel L. Andes, and makes the following Complaint in Divorce: 1. The Plaintiff is DONALD E. HOSTETTER, an adult individual who currently resides at 360 Peach Glen Road in Gardners, Cumberland County, Pennsylvania. 2. The Defendant is STEPHANIE J. HOSTETTER, an adult individual who currently resides at 1291 Seidersville Road in Bethlehem, Pennsylvania. 3. Both the Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on 17 July 1976 in Campbelltown, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of marriage counseling and the Plaintiff may have the right to request that the Court require the parties to participate in counseling. COUNT I -IRRETRIEVABLE BREAKDOWN 8. The Plaintiff requests this Court to enter a Decree in Divorce. WHEREFORE, Plaintiff requests this Court to enter a Decree in Divorce pursuant to the Divorce Code of Pennsylvania. COUNT II -EQUITABLE DISTRIBUTION 9. During the course of the marriage, the parties have acquired numerous items of property, both real and personal, which are held in joint names and in the individual names of each of the parties hereto. WHEREFORE, Plaintiff prays this Honorable Court, after requiring full disclosure by the Defendant, to equitably divide the property, both real and personal, owned by the parties hereto as marital property. COUNT III -ALIMONY 10. Plaintiff lacks sufficient property to provide for his reasonable needs in accordance with the standard of living of the parties established during the marriage. li. Plaintiff is unable to support himself in accordance with the standard of living of the parties established during the marriage through appropriate employment. 12. The Defendant is employed and enjoys a substantial income from which she is able to contribute to the support and maintenance of the Plaintiff and pay him alimony in accordance with the Divorce Code of Pennsylvania. WHEREFORE, Plaintiff prays this Honorable Court to enter an Order awarding Plaintiff from Defendant permanent alimony in such sums as are reasonable and adequate to support and maintain Plaintiff in the station of life to which he has become accustomed during the marriage. COUNT IV -ALIMONY PENDENTE LITE 13. Plaintiff is without sufficient income to support and maintain himself during the pendency of this action. 14. Defendant enjoys a substantial income and is well able to contribute to the support and maintenance of Plaintiff during the course of this action. WHEREFORE, Plaintiff prays this Honorable Court to order Defendant to pay him reasonable alimony pendente lite during the pendency of this action. ~' COUNT V -COUNSEL FEES AND EXPENSES ~ ~ 15. Plaintiff is without sufficient funds to retain counsel to represent him in this matter. 16. Without competent counsel, Plaintiff cannot adequately prosecute his claims against Defendant and cannot adequately litigate his rights in this matter. 17. Defendant enjoys a substantial income and is well able to bear the expense of Plaintiff's attorney and the expense of this litigation. WHEREFORE, Plaintiff prays this Honorable Court to order Defendant to pay the legal fees and expenses incurred by Plaintiff in this litigation of this action. Samuel L. Andes Attorney for Plaintiff Supreme Court ID # 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 I verify that the statements made in this Complaint are true and correct. I understand that any false statements in this Complaint are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date . ~ ~ ONALD E. HOSTETTER ~~ t~'' \~, - l V ~ ~s ~`• °~' ~~~~ `~ o l~ f`~ C~ _. ~- .,% rv .~ -~-,. ~> e~ ~: £~~ ....~ r:~ ~~-.. -~ rr; !-~ C~,,: ~,., ,~. :~ Fj rr~ tom' ^~ ' SHERIFF'S RETURN - OUT OF COUNTY • ' C'~.S$ i3O: 2007-04713 P •CdMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOSTETTER DONALD E VS HOSTETTER STEPHANIE J R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: TTe1 !". TTITTTT I"1 TT'ITTT~A ITT T, T but was unable to locate Her deputized the sheriff of DAUPHIN serve the within COMPLAINT - DIVORCE County, Pennsylvania, to On September 6th 2007 this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Postage 1.16 38.16 09/06/2007 SAMUEL ANDES Sworn and subscribe to before me thi s day of in his bailiwick. He therefore So .h iff of Cumberland County 9~~~~0 ~ A.D. * In_The Court of Common Pleas of Cumberland County, Pennsylvania Donald E.. Hostetter VS. Stephanie J. Hostetter No. 2007-471 (:ivil Novo, 8 / 2 8 /~07 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~' ~ _.~ Sheriff of Cumberland County, PA Affidavit of .Service Naw, , 20 , at o'clock M. served the within upon at by handing to a copy of the original and made known to ~ the contents thereof. So answers, . Sheriff of Sworn and subscribed before me this day of , 20 COSTS SERVICE ~ $ MILEAGE AFFIDAVIT County, PA DONALD E. HOSTETTER, Plaintiff vs. STEPHANIE ). HOSTETTER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 07-4713 CIVIL IN DIVORCE AFFIDAVIT OF SERVICE BY CERTIFIED MAIL AMY M. HARKINS, being duly sworn according to law, deposes and says as follows: 1. That she is an employee of Samuel L. Andes, attorney for the Plaintiff herein. 2. That on 10 August 2007, she delivered to the U.S. Postal Service in Lemoyne, Pennsylvania, as certified mail (Receipt No. 7004 0750 0002 7280 4125) return receipt requested, addressed to the Defendant herein, a true and correct copy of the Divorce Complaint filed in -the above-captioned action duly endorsed with a Notice"to Defend and Claim Rights. 3. Said return receipt card is attached hereto as Exhibit A showing a date of delivery to the Defendant on 21 August 2007. AMY .HARKINS Sworn to and subscribed before me this Z `T *~` day of A=µ~~~~ , 2007. t~N' ~~ ~totary Pu"61ic. yqM ~_ MLA ~ '""""'., ~~ A ~~~ M1~1 f I11/~ l qpq~ , t .~~ ~ y~g81M~?~____.~ r ~ • ~ N~rns 1.2, and 3. A1w compis~te i~arr, a ff Re~Mcted Dsitruy ~ des+rod. ^ Prkrt your r~emery~ddro~ «- tfts averse eo ttwc we can the oard to you. . n~sd, m~ Fwd to b,s -~ ~ ~ , ,. ,,roae ~.~.a m: X ~~ ~ nd~sw.. ~ iwn») c. o~. a owvey ~'~cv, ~: o~ Ms. Stephanie J. Hostetler 1291 Seidersville Road Bethlehem, PA ~ a. ~'^''°' ^ ~.. ~w ^ aa,m ro. -a.~,aae MGM O C.O.D. _. _ _ _ _ _ 4. RNtiic~sd DNNwy? ~ittra Fis) ^ Yb~ 2. ,~ . t7g~~ 0 a7R5~k Qq~ r7?80 415 P3 Form 3$11, Auk 21Op1 oen~sdc Rwum p.oNnt ,oas~a-oe~-sw A ~y.. , ', fv Y~ ~~ .,,~ t {/~ G r`~ ~~ ~' ~' .~ ~r ~ ~ ~t'.,t f, C ,7 • * ~ ~ `J:~ DONALD E. HOSTETTER, PLAINTIFF vs. STEPHANIE J. HOSTETTER, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW ~ed7-Y?~.3 NO. '^^~?~ CIVIL TERM IN DIVORCE e4CrEPTAI~l~'F_QF SERVICE I, STEPHANIE J. HOSTETTER, hereby accept service of the original Complaint in ivorce and acknowledge receipt of a copy of the Complaint. ~ ~~ ~~ ~~ STEPH IE J. HOSTETTER Ca ~~ ~ ~~ n ~_,-,. ~~ s~,7 C_> ~~Y .. ~+ ~ ~ ./~ _y, L.l at7 DONALD E. HOSTETTER, ) Plaintiff ) vs. ) STEPHANIE J. HOSTETTER, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 07-4713 CIVIL IN DIVORCE MOTION FOR CONFERENCE AND/OR HEARING ON REQUEST FOR ALIMONY PENDENTE LITE AND NOW comes the above-named Plaintiff, by his attorney, Samuel L. Andes, and moves the court to schedule a conference and, if necessary, a hearing on his Request for Alimony Pendente Lite, as set forth in Count IV of his Divorce Complaint, which was filed on 8 August 2007 and a copy of which is attached hereto. Samuel L. ndes Attorney for Plaintiff Supreme Court ID 17225 525 North 12th Street Lemoyne, PA 17043 (717) 761-5361 ^r -. DONALD E. HOSTETTER, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. fj7- Gj7/,3 STEPHANIE J. HOSTETTER, } c o Defendant ) IN DIVORCE ~,~4. ~ ~ %~ ~..;. ~ n-s NOTICE TO DEFEND AND CLAIM RIGHTS c~'~__ '~`~` _. cx~ ` .a L'- '~,5. ~°' You have been sued in court. If you wish to defend against the clai~sset~'ortl the foregoing pages, you must take prompt action. You are warned that i~u f&~# too so, the case may proceed without you and a decree in divorce or annulment~nay~be ~ entered against you by the court. A judgment may also be entered against you`'f'or 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: :Office of the Prothonotary Cumberland County. Courthouse 1 Courthouse Square Carlisle, PA 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 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 DONALD E. HOSTETTER, Plaintiff vs. STEPHANIE J. HOSTETTER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint 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 being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations OfFce, 13 North Hanover Street, 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 days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right-to request counseling. DONALD E. HOSTETTER, Plaintiff vs. STEPHANIE J. HOSTETTER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes the above-named Plaintiff, DONALD E. HOSTETTER, by his attorney, Samuel L. Andes, and makes the following Complaint in Divorce: 1. The Plaintiff is DONALD E. HOSTETTER, an adult individual who currently resides at 360 Peach Glen Road in Gardners, Cumberland County, Pennsylvania. 2. The Defendant is STEPHANIE J. HOSTETTER, an adult individual who currently resides at 1291 Seidersville Road in Bethlehem, Pennsylvania. 3. Both the Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at .least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on 17 July 1976 in Campbelltown, Pennsylvania. 5. There have been no prior actions of divorce or annulment between -the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of marriage counseling and the Plaintiff may have the right to request that the Court require the parties to participate in counseling. ..COUNT I -IRRETRIEVABLE BREAKDOWN 8. The Plaintiff requests this Court to enter a Decree in Divorce. WHEREFORE, Plaintiff requests this. Court to enter a Decree in Divorce pursuant to ~1..., n:.....~..,., i^...J.. ..F n..........1...,..,:., `~ COUNT II -EQUITABLE DISTRIBUTION 9. During the course of the marriage, the parties have acquired numerous items of property, both real and personal, which are held in joint names and in the individual names of each of the parties hereto. WHEREFORE, Plaintiff prays this Honorable Court, after requiring full disclosure by the Defendant, to equitably divide the property, both real and personal, owned by the parties hereto as marital property. COUNT III -ALIMONY 10. Plaintiff lacks sufficient property to provide for his reasonable needs in accordance with the standard of living of the parties established during the marriage. 11. Plaintiff is unable to support himself in accordance with the standard of living of the parties established during the marriage through appropriate employment. 12. The Defendant is employed and enjoys a substantial income from which she is able to contribute to the support and maintenance of the Plaintiff and pay him alimony in accordance with the Divorce Code of Pennsylvania. WHEREFORE, Plaintiff prays this Honorable Court to enter an Order awarding Plaintiff from Defendant permanent alimony in such sums as are reasonable and adequate to support and maintain Plaintiff in the station of life to which he has become accustomed during the marriage. COUNT IY -ALIMONY PENDENTE LITE 13. Plaintiff is without sufficient income to support and maintain himself during the pendency of this action. 14. Defendant enjoys a substantial income and is well able to contribute to the support and maintenance of Plaintiff during the course of this action. WHEREFORE, Plaintiff prays this Honorable Court to order Defendant to pay him reasonable alimony pendente lite during the pendency of this action. ~- COUNT V -COUNSEL FEES AND EXPENSES 15. Plaintiff is without sufficient funds to retain counsel to represent him in this matter. 16. Without competent counsel, Plaintiff cannot adequately prosecute his claims against Defendant and cannot adequately litigate his rights in this matter. 17. Defendant enjoys a substantial income and is well able to bear the expense of Plaintiff s attorney and the expense of this litigation. WHEREFORE, Plaintiff prays this Honorable Court to order Defendant to pay the legal fees and expenses incurred by Plaintiff in this litigation of this action. Samuel L. Andes Attorney for Plaintiff Supreme Court ID # 17225 525 North 12"' Street Lemoyne, Pa 17043 (717) 761-5361 •' V I verify that the statements made in this Complaint are true and correct. I understand that any false statements in this Complaint are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date • .~v ~~ ~~~7 ONALD E. HOSTETTER r~ ~--- ~ ~ t~ `xt r r f c~ t"'~ ~ ~ ~ ~+ ~ ~ S'*.3 l.C.) _ ~ j '.. ~ . is i , °~} .~ 4 `~ ~. ~~ ~ , '_' " ~n J J I V DONALD E. HOSTETTER, THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION -DIVORCE NO. 07-4713 CIVIL TERM STEPHANIE J. HOSTETTER, IN DIVORCE DefendantlRespondent PACSES CASE NO: 228109557 ORDER OF COURT AND NOW, this 29th day of October, 2007, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appeaz beforeR. J. Shadday on November 27.2007 at 10:30 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU aze further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including V~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 azrest. BY THE COURT, Edgaz B. Bayley, President Judge Copies mailed to: Petitioner Respondent Samuel L. Andes, Esq. Michelle L. Sommer, Esq. Date of Order: October 29, 2007 ~ .;,~ ~ ~ R. J. Sh day, onference 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 ~ ~ ~'t t ~~-. ;~ --i _... ~~LL:: ~ ',t ~-...~ M~ . ! ~~ . l DONALD E. HOSTETTER, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION -DIVORCE NO. 07-4713 CIVIL TERM STEPHANIE J. HOSTETTER, IN DIVORCE Defendant/Respondent : PACSES CASE ID: 228109577 ORDER OF COURT AND NOW, this 27th day of November, 2007, based upon the Court's determination that Petitioner's monthly net income/earning capacity is $1,727.76 and Respondent's monthly net income/earning capacity is $4,199.95, it is hereby ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit Five Hundred Twenty-Five and 00/100 Dollars ($525.00) per month payable as follows: $500.00 per month for Alimony Pendente Lite and $25.00 per month on arrears. First payment due: first pay date in December 2007 at a rate of $242.31 bi-weekly. The effective date of the order is October 29, 2007. Arrears set at $549.32 as of November 27, 2007. 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: Donald E. Hostetter. 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 [X) Respondent [) Petitioner [] Neither party to provide medical insurance coverage. Within thirty (30) days after the entry of this order, the [] Petitioner [X] 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 shall become final twenty (20) after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Prothonotary for a hearing de novo before the Court. Consented: Petitioner Respondent Petitioner's Attorney Respondent's Attorney B HE CO T ~_. _ .~.~ ~ a~ Edgar B. Bayley, J, Mailed copies on: November 28.2007 to: Petitioner Respondent Samuel L. Andes, Esq. Michelle L. Sommer, Esq. DRO: R.J. Shadday C? c.. ~ ~:~ `~ ~ ? i~.fl C~J" , f « E~~S . - - i~+ ,t~ _.. _" . ~ 1.: ~' `~ ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dirt. of CUMBERLAND Date of Order/Notice 11/27/07 Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number ALTERNATIVE REHABILITATION COM PO BOX 2131 HARRISBURG PA 17105-2131 228109577 07-4713 CIVIL O Original Order/Notice O Amended Order/Notice O Terminate OrderiNotice RE:HOSTETTER, STEPHANIE J. Employee/Obligor's Name (Last, First, MI) 201-46-9033 Employee/Obligor's Social Security Number 3540101903 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MD 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. $ 500 . oo per month in current support $ 25 . oo per month in past-due support Arrears 12 weeks or greater? Dyes ~ no $ o . 0o per month in current and past-due medical support $ o . oo per month for genetic test costs $ 0.00 per month in other (specify) for a total of $ 525 . 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: $ 121.15_per weekly pay period. $ 242.31 per biweekly pay period (every two weeks). $ 252.50 per semimonthly pay period (twice a month). $ 525.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If required by Pennsylvania law (23 PA C.S. § 4374(b)) to remit by electronic payment method, please call Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 /N 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: NOV 2 8.2001' DRO: R.J. SHADDAY Service Type M BY T COURT: ..~ G EDGAR B. BAYLEY, Form EN-028 Rev. " ones No.: o~~o-oi s4 Worker I D $ IATT ~-2 5 ~ x 12+ ~~•: 1~1.1~* 525 x 1~.~ ~~• 242• ~1 ~ ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ^ If ~hecked you are required. to provide a copy of this form to your~mployee. If your employee works in a state that is di ferent from the state that issued this order, a copy must be provi edd to your employee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one 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.* when-senciirrg- withhotdirrgis the date on-wi~ieh arnoa .You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 2512910390 EMPLOYEE'S/OBLIGOR'S NAME: HOSTETTER STEPHANIE J. EMPLOYEE'S CASE IDENTIFIER: 3540101903 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: Yau are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.C. §1673 (b)1; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. For tribal orders, you may not withhold more than the amounts allowed under the law of the issuing tribe. For tribal employers who receive a state order, you may not withhold more than the amounts allowed under the law of the state that issued the order. 10. Additional Info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11.Submitted By: If you or your employee/obligor have any questions, DOMESTIC RELATIONS SECTION contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 Service Type Nt 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 Nn.: 0970-01.54 Form EN-028 Rev. 1 Worker ID $IATT i ti ADDENDUM Summary of Cases on Attachment Defendant/Obligor: HOSTETTER, STEPHANIE J. PACSES Case Number 22s1o9577 PACSES Case Number Plaintiff Name Plaintiff Name DONALD E. HOSTETTER Docket Attachment Amount Docket Attachment Amount 07-4713 CIVIL$ 525.00 $ 0.00 Child(ren)'s Name(s): DOB 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. ^ 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. Addendum Form EN-028 Rev. 1 Service Type M Worker I D $ IATT onne Na.: 09~o-oisa ~.... ~ ~ T;tr . ~: fTZ ~'7°Y - r - _'~. Lp •~A.~ ~`7 ~. N s. ~` ~ .~ ::.~ Ct'i c.c'.~ ~ DONALD E. HOSTETTER, Plaintiff vs. STEPHANIE J. HOSTETTER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 07-4713 CIVIL IN DIVORCE NOTICE OF APPEAL OF ORDER OF ALIMONY PENDENTE LITE AND REQUEST FOR HEARING DE NOVO AND NOW comes the above-named Plaintiff, Donald E. Hostetter and appeals from the order of alimony pendente lite entered in this matter on 27 November 2007, on the recommendation of the Domestic Relations Office and requests a hearing de novo before the Support Master. 3 December 2007 Sa L. Andes Attorney for Plaintiff Supreme Court ID 17225 525 North 12th Street Lemoyne, PA .17043 (717) 761-5361 i~ . CERTIFICATE OF SERVICE I hereby certify that I served an original of the foregoing document upon the Defendant `s counsel herein by regular mail, postage prepaid, addressed as follows: Michelle L. Sommer, Esquire 36 South Hanover Street Carlisle, PA 17013 Date: 3 December 2007 l~~ ~t_/~---(,,~~ r ~~~~. ~ Amy M. rkins retary for Samuel L. Andes c"~ „~, ~~~ : ;~ '~ ~,, ¢ _ ~.. V `' ..~_+ ,, ~ .. :: ., ;~ I`~ •4. In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION DONALD E. HOSTETTER Plaintiff vs. STEPHANIE J. HOSTETTER Defendant Docket Number ) PACSES Case Number ) Other State ID Number ORDER OF COURT You, DONALD E. HOSTETTER 144 $LAIR ST, JOHNSTOWN, PA. 15905-2401-44 are Ordered t0 appear at DOMESTIC RELATIONS HEARING RM 07-4713 CIVIL 228109577 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 JANUARY 28, 2008 at s : 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 fill, 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 02 +~ --'t HOSTETTER PACSES Case Number: 228109577 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: (~- ~ y .. p`~ ~.1 ~ 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 scheduled hearing. v• HOSTETTER 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 - 6 2 2 5 . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the Service Type M Page 2 of 2 Form CM-509 Rev. Worker ID 21302 r' `- r^•.> c. -s ~ ` C°' -.,. ~ -n e_, ~ ~ .. ~ fib ~? ,i. ~.F;~ ~~~ E ~ '~~J ~ L, "?1i 7 " l_-71 Pi ,._ « ~ In the Court of Common Pleas of C~gE~,~p County, Pennsylvania DOMESTIC RELATIONS SECTION DONALD E. HOSTETTER ) Docket Number 07-4713 CIVIL Plaintiff ) vs. ) PACSES Case Number 228109577 STEPHANIE J. HOSTETTER ) Defendant ) Other State ID Number YOU, STEPHANIE J. HOSTETTER plaintiff/defendant of 1291 SEIDERSVILLE RD, BETHLEHEM, PA. 18015-5540-91 are ordered t0 appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 before a hearing officer of the Domestic Relations Section, on the JANUARY 28, 2008 ORDER OF COURT 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 02 HOSTETTER ~• HOSTETTER PACSES Case Number: 228109577 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: ~ ~ ~ y - 0 ~ ~ 1 ~ 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 - 6 2 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. Page 2 of 2 Form CM-509 Rev. 1 Service Type M Worker ID 21302 C:? rv t~-~ t Y ~~ -_., t°~ -rz - ~, ,, ,~„t t ~,t i ~ ~=-, ~1 ./ t ~' ~; ~.J ~~ .~ ~ ,. ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Date of Order/Notice of/2s/os Case Number (See Addendum for case summary) Employer/Withholder's federal EIN Number ALTERNATIVE REHABILITATION COM PO BOX 2131 HARRISBURG PA 17105-2131 201-46-9033 Employee/Obligor's Social Security Number 3540101903 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. $ 764 . oo per month in current support $ 25 . oo per month in past-due support Arrears 12 weeks or greater? Qyes ®no $ o . oo per month in current and past-due medical support $ o . 00 Per month for genetic test costs $ o . o o per month in other (specify) for a total of $ egg , 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: $ 182.08,per weekly pay period. $ 364.15.per biweekly pay period (every two weeks). $ 394 .50 per semimonthly pay period (twice a month). $ 789 . 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 /D (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: JAN 2 9 2008 DRO: R.J. SHADDAY Service Type M 228109577 Q Original Order/Notice 07-4713 CIVIL 0 Amended Order/Notice Q Terminate Order/Notice RE:HOSTETTER, STEPHANIE J. Employee/Obligor's Name (Last, First, MI) _ ~ ~S 1S'a~1~'L, EDGAR B. BA EY, GE Form EN-028 Rev. 1 OMB No.: 0970.0154 Worker I D $ IATT ?89•x 12•~ 52•~ iaz•a~a~ / ~ 12•~ 26•= 364.15* ~ .., 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 your employee orks in a state that is di Brent rrom the state that issu this o er, a copy must be provideedpto 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%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: 2512910390 EMPLOYEE'S/OBLIGOR'S NAME: HOSTETTER, STEPHANIE J. EMPLOYEE'S CASE IDENTIFIER: 3540101903 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%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 subject 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 (15 U.S.C. §1673 (b)1; or 2}the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. For tribal orders, you may not withhold more than the amounts allowed under the law of the issuing tribe. For tribal employers who receive a state order, you may not withhold more than the amounts allowed under the law of the state that issued the order. 10. Additional Info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11.Submitted By: If you or your employee%bligor have any questions, DOMESTIC RELATIONS SECTION contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST by telephone at (717) 240-6225 or P.O. BOX 320 by FAX at (717) 240-6248 or CARLISLE PA 17013 by Internet www.childsupport.state.pa.us Service Type M Page 2 of 2 Form EN-028 Rev. 1 Worker ID $iATT OMB No.: 0970-0154 ADDENDUM Summary of Cases on Attachment Defendant/Obligor: HOSTETTER, STEPHANIE J. PACSES Case Number 228109577 Plaintiff Name DONALD E. HOSTETTER Docket Attachment Amount 07-4713 CIVIL$ 789.00 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 ^ 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. OMB No.: 0970-0154 Addendum Form EN-028 Rev. 1 Worker ID $IATT G m m tr ~ 3~~'' -_~17t ~ ~.,3 7 C' .-- ~ ~rn. ~~ ~ ~ tU' DONALD E. HOSTETTER, Plaintiff/Petitioner V. STEPHANIE J. HOSTETTER, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION PACSES N0.228109577 DOCKET N0.07-4713 CIVIL INTERIM ORDER OF COURT AND NOW, this 28th day of January, 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. The Respondent shall pay to the Pennsylvania State Collection and Disbursement Unit as alimony pendente lite the sum of $764.00 per month. B. The Respondent shall pay to the Pennsylvania State Collection and Disbursement Unit the additional sum of $25.00 per month on arrearages. C. The effective date of this order is October 29, 2007. 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. B e , ,, 1 G Edgar B. Bayley, J. Cc: Donald E. Hostetter Stephanie J. Hostetter Samuel L. Andes, Esquire For the Plaintiff/Petitioner Kara W. Haggerty, Esquire For the Defendant/Respondent DRO In the Court of Common Pleas of Cumberland County, Pennsylvania Tax Detail Report Plaintiff Name: Donald E. Hostetter Defendant Name: Stephanie J. Hostetter Docket Number: 07-4713 Civil PACSES Case Number: 228109577 Other State ID Number: Tax Year: Current: 2007 Iefendant I~laintiff 1. Tax Method 1040 ES 1040 ES 2. Fling Status Married Filing Se aratel Married Filing Se aratel 3. Who Claims the Exemptions Obli ee 4. Number of Exemptions 1 1 5. Monthl Taxable Income $5,886.40 $2,166.70 6. Deductions Method Standard Standard 7. Deduction Amount $445.83 $445.83 8. Exem tion Amount $283.33 $283.33 9. Income MINUS Deductions and Exem tions $5,157.24 $1,437.54 10. Tax on Income $991.29 $183.03 11. Child Tax Credit - - 12. Manual Ad~ustments to Taxes - - 13. Federal Income Taxes $991.29 $183.03 13 a. Earned Income Credit - 14. State Income Taxes $186.01 $68.47 15. FICA Pa ments $450.31 $165.76 16. City Where Taxes Apply --Select-- --Select-- 17. Local Income Taxes $58.86 $21.67 TOTAL Taxes $1,686.47 $438.93 SupportCalc 2007 EXHIBIT "A" In the Court of Common Pleas of Cumberland County, Pennsylvania Spousal Support Calculatcsn Rule 19'I a.'l fi (PACSES FORMAL) Plaintiff Name: Donald E. Hostetter Defendant Name: Stephanie J. Hostetter Docket Number: 07-4713 Civil PACSES Case Number: 228109577 Other State ID Number: 1.Ob{i or's Monthl Net income $4,199.93 2. Less Atl Other Su ort _ 3. Less Obli ee's Monthl Net Income $1,727.77 4. Difference $2,472.16 5. Less Child Su ort Obli ation for Current Case 6. Difference $2,472.16 7. Multi I b 30% or 40% 40.00% 8. Income Available for S ousal Su ort $g88,gg 9. Ad'ustment for Other Ex enses _ 10. AMOUNT OF MONTHLY SPOUSAL SUPPORT OR APL $ggg.gg Pre ared b : mrr Date: 1/28/2008 SupportCalc 2007 EXHIBIT "B" "a EXPENSE STATEMENT EXPENSE MONTH HOME Mortgage/Rent $ „y.,5'~d ~ ° °, c,v Maintenance $ Electric $~~'' °~~vo Gas ~u Q. '~M~~,i~~ $ l 17- ° ~.czs Oil $ Telephone $ . oa _,,,.,~. , ao C~ Trash $ ~n~„~ ~,, ~~ Water $ ~p : v0, ~ SewerJ'' $ Other EMPLOYMENT Public Transportation $ Lonch $ TAXES Real Estate $ Persona! Property $ Income $ Personal Tax $ INSURANCE Homeowners $ v2 ~ cac Automobile $ as 7S o.,o Life $ Accident $ EXPENSE MONTH Health $ Other $ AUTOMOBILE Payments $ ~ ~ ~ ° ao Fuel $ / 7S'; ° ju a Repairs/Maintenance $ ! S'"p, o-e a-o MEDICAL Doctor $ Dentist $ `00 ~ d, ~d Orthodontist $ Hospital $ Medicine $ 3 d, ° ° o~ Special needs (glasses, braces, orthopedic devices) $ EDUCATION Private School $ Parochial School $ College $ Religious $ PERSONAL Clothing $ t .2~5` ~~ Food $ ~. ~ o , ~ ~ Barber/Hairdresser $ 2 a~ °° ,oo Memberships $ LOAN S Credit Payments: Charge Card Charge Accounts $ a"o` ~',~' ~ $`~~a~ ~~4rj EXPENSE MONTH Credit Union $ MISCELLANEOUS Household Help $ Chid Care $ Papers/Books/Magazines $ ~i;7, ~~~ Entertainment $ o °O S /o Pay N/internet/cable $ Vacation $ <.Sro- °°~oa Gifts $ ~ Q o ~~'~~ ,~~ Charitable Contributions $ Legal Fees $ Child Support $ Alimony Payments $ OTHER TOTAL EXPENSES $ ~~~. ~~ G rv ca ~, ~. s' ,~... ~:? x ~' -f 1~~~ ~ c~ .,,~~~3 ~ { :D ~ ~~ ~ C~ ~ DONALD E. HOSTETTER, Plaintiff v. STEPHANIE J. HOSTETTER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 07-4713 CNIL TERM CIVIL ACTION -LAW IN DNORCE MOTION FOR APPOINTMENT OF MASTER STEPI-IANIE J. HOSTETI'ER, Defendant, moves the Court to appoint a Master with respect to the following claims: [ x ]Divorce [ ]Annulment [ ]Alimony [ ]Alimony Pendent Lite [ x ]Distribution of Property [ ]Support [ x ]Counsel Fees [ x ]Costs and Expenses and in support of the Motion the Defendant states: 1. Discovery is complete as to the claim(s) for which the appointment of a Master is requested. a. The Plaintiff made a discovery request upon the Defendant for a list of Production of Documents and Things in September 2007 which was complied with and fulfilled by the Defendant on November 5, 2007. 2. The Plaintiff has appeared in the action by his attorney, Samuel L. Andes, Esquire. 3. The statutory ground(s) for the divorce are: ~3301(d) 4. The action is contested with respect to the following claims: a. Plaintiff filed for divorce under Irretrievable Breakdown, ~3301(d). However, the Plaintiff and Defendant have only been separated since April 22, 2007. An additional count for divorce under ~3301(c) should be included as well. 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take one day. 7. Additional information, if any, relevant to the motions: 1 //j~ a. N/A DATE ~t I~.i ~ ' T Michelle L. Sommer squire Attorney for Defendant AND NOW 2008, Esquire, is appointed Master with respect to the following claims: BY THE COURT, J _ ~- ;~--.~ .w-~ ~J ...~ z i ~~-' " `. t'i t .. :~1 7 . .. ~. DONALD E. HOSTETTF.R, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v. NO. 07-4713 CIVIL TERM STEPHANIE J. HOSTETTER, CIVIL ACTION -LAW Defendant IN DIVORCE MOTION FOR APPOINTMENT OF MASTER STEPHANIE J. HOSTE'1 I'ER, Defendant, moves the Court to appoint a Master with respect to the following claims: [ x ]Divorce [ x ]Distribution of Property [ ]Annulment [ ]Support [ ]Alimony [ x ]Counsel Fees [ ]Alimony Pendent Lice [ x ]Costs and Expenses and in support of the Motion the Defendant states: 1. Discovery is complete as to the claim(s) for which the appointment of a Master is requested. a. The Plaintiff made a discovery request upon the Defendant for a list of Production of Documents and Things in September 2007 which was complied with and fulfilled by the Defendant on November 5, 2007. 2. The Plaintiff has appeared in the action by his attorney, Samuel L. Andes, Esquire. 3. The statutory ground(s) for the divorce are: ~3301(d) 4. The action is contested with respect to the following claims: a. Plaintiff filed for divorce under Irretrievable Breakdown, ~3301(d). However, the Plaintiff and Defendant have only been separated since April 22, 2007. An additional count for divorce under ~3301(c) should be included as well. 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take one day. Additional information, if any, relevant to the motions: a. N/A i Michelle L. Sommer squire Attorney for Defendant AND NOW, J` _ 2008, ~. %~; 2~ C~C'~ ~ ,Esquire, is appointed Master with respect to the following claims: ~~,r~2~~~~'U~- BY T COURT ~ ~• V ~ ~~ 1 ~ ~ ~ ~ ~ "' ~7 ~ ~ ~~ ~" -t 4 ~ ~ ~ ~ ~ ~~ O r~ ~°+ C'~3 i `~ p~~yt !(•"y' 1 ~ ~ DONALD E. HOSTETTER, Plaintiff v. STEPHANIE J. HOSTETTER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA N0.07-4713 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE DEFENDANT'S PRE-TRIAL STATEMENT The Defendant, Stephanie J. Hostetter, files the following Pre-Trial Statement. LIST OF ASSETS -MARITAL AND NON-MARITAL The Defendant, Stephanie J. Hostetter, requests a stipulation that the date of final separation was April 22, 2007. The inventory is supplemented with the values of the marital and non-marital property on the attached charts: ~ c ~ ~ ~ V ~ ~ ~ ~ .U ~~ ~~ ~~ o ~~~~~~~ W ~ '`~' ~ N A ,a cu~~` p o . ~ ~ ~ ~ s ~ C.., a? V Q O '~ ~~ ~[1] °~ °~ ~ ~ ~ W ~'' ~ y O O N O cyi~ ~+ x R"' O ~ ~ ~ ~ ~ ~~ o ~°~ o v ~ H ~ Q ~~~ o ~, , }, o o G °~' ~ G °~ ~, ~ ~ V ~ ~ O O ~ ~ ~ ~~ dry ~~ •~ x ~ ~, ~~~~ ~~ g o ~p~Q ~ A ~ N N 00 N d' ~ r+ ~ ~ O r-+ N ~ ~~ ~~ ~ ~ ~ N ~ ~ O r' a~ .~ ~ p ~ ~ ~' o ~.` P ° , ;~ o U '~ ~ O ~ ~'' R-~ ~ O ~ p V ~ ~ ~ ~ Q o ~ o o ~ o ~ ~~ x ~ ~ ~ ~ ~ ~ ~, '~ ~ ~ ~ ~ a ~ .~ ~ a W ~ ~ ~ ~ ~ ~°~, cn ~ Q ~ u w o ~~ ~ Q Q ~~ o cn ~ `t' I a~ ~ ~, w a " a u a ~ ~ ~ ~ ~ o ~ ~ W ~ ~ ~ ~ U V ~, U w cd ~ ~ ~U' ~ -d •d ~ ~ ~ U ~ .~ (.a `J ~ ~ ~ ~ a, ~ C? ,~ `~ r- ~ ~~ ~ ~ ~ ~~ N ~ ~ O ~'' ~i W A F 0 H rd O O O ~ ~ C O O O .~ ~ ~ ~ ~ O O O O ~ td 00 G ~ 00 ~ O O O O o0 ~ M N rM-+ ~ ~ N O 00 CJ Lr" b T b ~ b b L ' ' ' ^C ' ~ ~ ~ ~ ~w ~~ ~ ~ ~ ~ ~~ ~ ~ ~ ~ ~ ~ ~W ~W ~W ~W ~W ~W ~W ~ ~W o~ o~ o v o~ o~ o~ o~ Z o~ ~ +' 00 .-~ M M ~ ~ ~ A ~ ono ~ O ~ ~ ~ N ~ M N G1 N rV N M ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~' ~ O O O O O ~ O ~ +~-+ ~ ~ v~ ~ O iTi ~i ~+ x x x O O ~ ~ A ~; ~ a~ a~ a~ a~ a~ ~ ~ x z ~ .~ ~ ~ ~ ~ ~ ~ ~ ~ ~' ~' ~ O . ~ . ~ 33-~~{ ~ W ~ U F-~ ~ ~ ~ ~ U '~ U '~ U ~ ~ V z ~ ~ ~~ ~ •~ ~ •~ ~ ~ u ~ U ~ ~ ~w ~w ~ x ~ ~v 3 ~ ~ U ~ ~ • U ~ ~ O 7~ O ~ C w y J ^ y 'O ~+ '~ ,.~ '~ +~ '~ +~ '~ ~ A ~ . ~ ~+ ~ Q C cn cn V U U V ~ 'z N N N N N N N N N EXPERT WITNESSES None at this time. Defendant reserves the right to call expert witnesses, if necessary. OTHER WITNESSES Stephanie J. Hostetter, Defendant Donald E. Hostetter, Plaintiff, as on cross. Defendant reserves the right to call additional witnesses, if necessary. ExHIBITS See attached Inventory Sheet for Defendant. DEFENDANT'S GROSS INCOME See attached Defendant's Pay Statement (See Exhibit L). See attached Defendant's 2007 W-2 (See Exhibit 11~. COUNSEL FEES Defendant believes that Plaintiff should be responsible for Defendant's counsel fees and costs incurred as a result of proceeding to the Master's Hearing. Plaintiff is delaying the divorce in order to collect his monthly maintenance payment of Alimony Pendente Lite from the Defendant. We believe the main issue to be resolved in equitable distribution is how the Plaintiff will be responsible for his portion of the unpaid credit card debt and student loan that was taken out for their son's college education. PERSONAL PROPERTY See attached Inventory Sheet for Defendant. MARITAL DEBTS See attached Inventory Sheet for Defendant. PROPOSED RESOLUTION OF ECONOMIC ISSUES Defendant is willing to negotiate an amicable resolution of all economic issues so that the divorce can be finalized and a Qualified Domestic Relations Order can be entered for Plaintiffls fair share of Defendant's Defined Contribution Retirement Plan and Defined Benefit Flan. Respectfully submitted, ABOM ~ KUTULAKIS, L.L.P DATE ~9-- ~~-~~ g ~~~+ 6~. Michelle L. Sommer, Esquire Supreme Court ID. 93034 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney, for Defendant DONALD E. HOSTETTER, Plaintiff v. STEPHANIE J. HOSTETTER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO.07-4713 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE nF~l`TDAI~TT'S INCOME ,ANA FXPFN4F. STATEMENT I, Stephanie J. Hostetter, verify that the statements made in this Income and Expense Statement are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904 relating to unsworn falsification to authorities. Date a~ c7 Stephanie J. Hos tter o -` D ~~o t'A W ~ o~°TT- I,t ~ c~~o 0 Dm m o ~ cs, w 0 a in N (~~ L 2 a N m m ~ -o ~ ~cr' -., c o ~.~ m - a omen ~~~ ~ ao3 o o ~~a f ~ pag o o -pmna, ° ' ~ ~-~on ~ ~ ~ ~ mn~d o a ~ Q . . . sv ` atnm ~ ~ ~ ~ a ~ ~1 t~D m N `~ ~ ~ a 3 ~ o ~ " D o ~• N rn ~ ..J 1rt 1 A ~ n ton N O' _ p N .tn~, ~~ o ~~ r w m b O ~ re ~ n h ~ Q ~ ~ ~~ fi ~ ~ ~ _~ s ~ ~ ~ .~ S ~ ~, ~ ~ ~ O ~ ~~ ~ ~ ~ ~ ~° ~ ~. J .1 '~ N O ea V CTI W W C31 0 r N O w w ~n :• W r W r f~ W sa In 0 0 r w r `~-~ 1 rn~ O ~ O~ mi o ~m O O V ~ 4j Q. ~ m v~ m ~ m vo, j ~ ~ m °~ a o ~ ~ 0 ~ ~~ ~ N m ~ ~ O O ~ a 'e7 ° _ m ,: K W C.. ~ _ N _ m `V ^' Z3 D -< i?~n~ v ~ v' ~w ~ ~ fn '' y q ~~' ~; O yc O. m ~ ~ o ~ ~ ~ O j c ~ a ~ T 4 ~ rn _~ c 0 ~ 'D e d ~ ~ ~ Tt O t" ~ om ~ 4 tb CO ~ (~ ~ ~ O O Q o ~~ m ter ~ ~ ;o -.. D ~ ~ -' -~ Nm _ z Dp 0 0 ^.1 f R b C31 _ OD ~ tD o Z ~ w W CJ1 [p Security features. Details on bath. __ _. _ _ _ -~ (~~ ~ o~ ~~ l EJ~IIBIT A .«~ ~ ~ U. F~`i ~-- :':R TRA ~ HAULING Appointment Office. 717-691-0687 Mobile: 574-0191 P.V~ Yy~ 622 New Kingstown, PA. 17072 Appointment Time: ~, / =~c~ , ,.,,____ Company dame- Contact: ~~~ ~- ~~ v° L ~~~ Phone ~H _...~ ~~, Celia, Fax Bluing Address: (der toc~,cL p r%Ct~i ~ $ 3 50.00, pr~ce~~~ cart-yi.~t~• ~e~r d f ~ s o. oo -pet- z 4 cubicr yurcL taac~L) 9~' ~' ~p~ ~i Househoki~ Construction____,~ Appiiances_ Furnlture,_,~ Other ~~~u Item Location: Atkic Basement„Ftoor~~,; c~ Qarage,~Yard_,,,^ Otber____~ Estimate: .Payment "Type: Cash $ ~~ i ~Pi:~sa_ Exp. Date: Comments: purchase O * ~4~'iLpayrnen~a~d~r,P, u~rvjob-co~nn,h.a~__ ~_ _w~ - - d dl8onal Fees Exp. Date: Customer Slgnarture: ~ ~ ~ r G ~; 1 i In:- eft i'- . e '~/'~ Dear Valued Customer: Right now when you buy or lease select Chrysler vehicles, you'll pay just $2.99 a gallon for gas or diesel for up to the first 12,000 miler in each of the next three years. {*Available miles per year based on a maximum number of gallons which varies depending on model. VISA/MASTERCARD credit card required. 87 octane gas only. Allow 6 weeks for activation. Excludes Crossfire, SRT, and all other incentive offers. Go to letsrefuelamerica.com, call t-800-866-465b or see your dealer for additional restrictions.) ~1 ~et~rfeil~ Now when you sign up for online statements at chryslerfinancial.com, you could keep more green for you. Your Chrysler Financial monthly payment could be on us! Go to chryslerfinancial.com today. Log into your account, or register your account online, and click on the "Go Green. Win Green," tits to learn more. Who knew that online convenience could be so green? Yt~ur Accolx~:l. C?vel~eFv AccountNumbor ~~ _.,,~~++-I Vehicle (7eacript~on 7i:;1 ' ~; I:7 ~'.>i. E Z 1 t_ ; i VehirleldeutificatiooNur~b~ar ;li:.i ,+'~?"~'6`iG'%(; Contract Date ~,r`,~ ";~; 7C. Statement Date (;~~,~ ? :. C;`i Statement Number b~ ,:,i ; Estimated PayoffAmourrt' 9i~9,b: ~; )5 `PayoffAmountasofstatemeant d ue `.~fi:,r r; use },~ t,,~a ;, Ynu~e A.ccou[rf Acbivt~~ Date Descrlptlor~uf~Actlvdty 0ti/ 10/2008 Payment Rert~ivcrd - Thar?.r >'l;u 07/02/2008 Current Amount flue 07J02f2008 Total Amount Due Payments received after statement date are nat re;9ec~`r:--c!. vv V Cf4~ ~'.'~1'>tl lent 6>,~.'~5 ;bg ,;,, ;~} epq, •+f ki" a= ~ ~w - ;l' Please see revers. alas for importsr-t irafamsntlon en check carverrrf~:w- ~~' web Address chryslerflnanNal.conrt ~sr7 us online to reviewyour account, make your paymentar upaarte}asr rr personal infvmtation. Custonrar Service center 1-eoo-3sb.617z Hours of Operation Mon ~-Fri 7 am til 10 prn (E'1) Sat 8 am til 6 pm (El} Psymsnt MalNrtg Address P 0 BOX 9001921 LOUISVILLE, KY4029Cti19;21 ~~~ Return ~~ Account Number ®I~ c~.w«+d«~./cam or~a ndd~... Totd Anloulrt Duo BSI FO aaX 9223. Fi4RMMIGraN PBLi.S, iMl (8333-0223 '~~~ An10Ullt ~6 #BiMNLBBH IM1000123754Rtf ttrtt,~rIII~JIItiL~r~ttt~~tti~,IttIIt~JI~I~IL~LIII~iJ~ILIfrILJf AT 01 052717 17747H189 E**30G'r STEPHANIE J HOSTETTER 100 SOUTH RAILROAD STREET YYERSTOWN, PA 17087-1344 L~I~I~Jil~~~tl~~~l~~~ll 6 A'pry-ayNtnstre rtd~'d,t iti~ 10oo12~asa 07~o2/xooa $36$.46 Total Amount [Paid ,;~ . r Check box and note any address changes vn back. of i:hfa form Make Check Payable To: Chrya~r Rnanelai Mai! Payment To: ILtd~JIL~IIINL~~JII~iIIL~llllllnllil~ll~~t>,INt~I~i~ILIIr11Jri CHRYSLER FINANCIAL P O BOX 9001921 LOUISVILLE, KY 40290-1921 GL.IiLrr~~I~IIJ~~iGr~~~rlHJ~rrJrl~~~li~~l,L~~IILI~rI EXHIBIT ' B 011500010001237546000000000000000000000000000368960 ~" ;~ » _>~ ~- statement ~ ~ Page 1 of 2 ~ N~ Skew '~" ESPANOI G~NTAuGT G beaming Center - Planning Center - hhy Accouni• Incentives - our C.anparry - Dear Valued Customer: Right now when you buy or lease select Chrysler vehicles, you'll pay just $2.99 a gallon for gas or diesel for up to the first 12,000 miles in each of the next three years. (`Available miles per year based on a maximum number of gallons which varies depending on model. VISA/MASTERCARD credit card required. 87 octane gas only. Allow 6 weeks for activation. Excludes Crossfire, SRT, and all other incentive offers. Go to letsrefuelamerica.com, call 1-800-866-4656 or see your dealer for additional restrictions.) Let's refuel America! Going green could mean MORE green for yowl Your Account Overview Account Number Vehice Description Vehicle Identification Number Contract Date Statement Date Statement Number Estimated Payoff Amount"' "Payoff Amount as of statement date. Your Account Activity Date Description of Activity 1000123753 2003 CHRYSLER PT CRU1~ 3C4FY48B33T537257 06/30!2003 06!13/2008 60 of 72 $3,789.99 Amount 06/05/2008 Payment Received -Thank You $298.97 07/02/2008 Current Amount Due $298.97 07/02/2008 Total Amount Due $298.97 Payments n:ceived after statement date are not reflected. a~8.q~ ~ i~ ~~ ~~ ~ 38g~~ ~~ ~ala~~~ Good news! You made a great choice in signing up for online statements -for yourself and the environment. So you could already be eligible for your Chrysler Financial monthly payment to be on us! To learn more, Dick on the "Go Green. Win Green." the at chryslerfinanaal.com. Who knew that online convenience could be so gree Printable Statement hops://Chrysler.ebilling.corn/tf/eBill/billDetail 6/19/2008 ' Conrad Siegel A C T U A R I E S The Employee Benefits Company Conrad M. Siegel, F.S.A. Harry M. Leister, Jc, F.S.A. Clyde E. Gingrich, F.S.A. Earl L Mummed, M.AA.a Robert J. Dolan, A.S.A. David F. Sliding, A.S.A. Robed J. Mrazik, F.S.a David H. Killick, F.S.A. Jeffrey S. Myers, F.S.a Thomas L Zmmerman, F.S.A. Glenn A. Hafer, F.S.A. Kevin a Erb, F.S.A. Frank S. Rhodes, F.S.A., A.C.aS. Holly A. Ross, F.S.A. Janet M. Leymeister, CEBS Madc A. Bonsafl, F.S.A. John W. Jeffrey, F.S,A. Denise M. Pofin, F.S.A. Thomas W. Reese, A.S.a Jonathan D. Cramer, aS.a John 0. Vargo, F.S.A. Robert M. Glus, aS.A. Bruce A. Senft, CEBS Laura V. Hess, A.S.a Vicki L Delligatg 501 Corporate Circle • P.D. Box 5900 • Harrisburg, PA 17110-0900 Phone (717J 652-5633 Fax (717) 540-9106 www.conradsiegel.com A.R.C., Inc. Defined Contribution Retirement Plan Valuation as of December 31, 2005 EXI-IIBIT D N I O d O O O ~d m O ~ ~ o a N R N ~"' ~c o x O t} p e M N Z O ~ ~ m _ C m m ~ 3 a~noo 1[i N M m rn rn r r = ~ c~ o M O O O t V m 'm 'x a d ~ N ~ a N u rn e c ~ W O d/ 3 i d ice.. O w c ~ a~ N ~ 0 a 0 U ~ e of io d ~, m N N m 0 S N n m in O O rn N ! N o° 0 IM rn O m w ": N O = c"! ~ M o m X ~ G !0 m t ~ ~. xX !A x Q vi °' ~ m vti :°. a i u~ Z '~}' N d w m a co 0 0 N M a T 0 tD O O N r O r O O 0 W a W x H 0 LL a r Z W W a z O m Z O V W Z {L W O U Z v a d 01 M h fD ~ ~ 0 1° N ~ o S ~ M O In N Z O U ~ m O C q N 0 n wN rn o~ e> w T l~ r r N COi O O O t o ~ m ~ m s a .. m H O S M -~ M ~ O X C R O t ~ a tn~Q m '~ M Z fn fn 'O C d ~ y O > E 4 ~ o m m A W m q 3 R 'O r 3 h d t C d C e 3 Ss O ~ m C V a is m °° M t0 9 N S C N O N 0 n us a` A.R.C., Inc. Defined Contribution Retirement Plan Valuation as of December 31, 2005 Summary of Principal Plan Benefit Provisions A.R.C., Inc. Defined Contribution Retirement Plan is a profit sharing plan that was established January 1, 1993 and was last amended and restated effective as of January 1, 1997. ELIGIBILITY TO PARTICIPATE An employee becomes a participant in the Plan on the June 30 or December 31 after the date he meets the following requirements: • Completes 1 year of eligibility service; and • Attains age 21. ALLOCATIONS TD ACCOUNTS Employer Profit Sharing Contributions Eligibility to Receive Employer Profit Sharing Contributions A participant must meet the following requirements each plan year in order to be eligible to receive a share of an employer profit sharing contribution: • Complete 1,000 hours of service. • Be employed with the employer on the last day of the plan year. Allocation of Profit Sharing Contribution As of each December 31, any employer profit sharing contribution will be allocated among the eligible participants based on each eligible participant's compensation in proportion to the compensation received by all eligible participants during the plan year. Compensation For the purposes of the Plan, "compensation" means total earnings reportable as W-2 wages for federal income tax purposes. By law, compensation in excess of $210,000 (as indexed upward under federal law) cannot be counted. Forfeitures When a participant terminates before becoming 100% vested, the portion of the Profit Sharing Account to which he is not entitled is forfeited. The forfeited amount is reallocated to the remaining participants along with the profit sharing contribution for the plan year. Conrad Siegel Actuaries SPPB - 1 of 4 A.R.C., Inc. Defined Contribution Retirement Plan Valuation as of December 31, 2005 Summary of Principal Plan Benefit Provisions Investment Results Interest earnings and fund value increases or decreases are allocated in proportion to each participant's account balance. The allocation is made on December 31. PAYMENT OF BENEFITS Determination of Vested Benefit Normal Retirement A participant's account is 100% vested and payable upon retirement at age 65 regardless of his years of service. Late Retirement If a participant continues working after his normal retirement age, he will remain in the Plan as an active member. The participant's account is 100% vested and will become payable when he actually retires from active employment. Early Retirement A participant may retire early and his account is 100°t° vested after he attains age 60 and completes 10 years of service. Disability If a participant becomes disabled and is unable to continue working, his account is 100% vested, regardless of the number of years of service. Death If a participant dies before payments have begun under a payment option, 100% of his account will be paid to his beneficiaries. If the participant is married, his spouse will automatically be the beneficiary of 100% of his account, unless he designates another beneficiary with his spouse's written consent. Termination of Employment If employment terminates before retirement, disability, or death, the vesting schedule is: Years of Service Vesting Percentage 0-4 Years 0% 5 or More Years 100% Conrad Siegel Actuaries SPPB - 2 of 4 A.R.C., Inc. Defined Contribution Retirement Plan Valuation as of December 31, 2005 Summary of Principal Plan Benefit Provisions Time of Payment Upon retirement, disability, or death, the participant's account may be paid as soon as administratively possible. If employment terminates before retirement, disability, or death, the Plan will distribute the participant's account as soon as administratively possible after the end of the plan year in which his severance of employment occurs. .Payment Options A participant may elect when to receive distribution of his account in a single lump sum. However, if his vested account does not exceed $1,000, the participant cannot defer distribution after his employment termination. Effective for distributions before January 1, 2003, the participant's account may be paid in installment payments over a number of years not exceeding the assumed life expectancy of the participant and his beneficiary. For the purposes of making a distribution, the Plan uses the value of the participant's account as of the latest accounting date. The Plan's accounting date is December 31. ROLLOVER ACCOUNTS The Plan accepts amounts that are properly rolled over or transferred directly from another qualified plan. The rollover account is subject to the same distribution rules as the employer contributions. SERVICE RULES Eligibility Service Rules An employee is credited with a year of eligibility service when he completes at least 1,000 hours of service in the 12-month period beginning on his date of employment. The Plan measures additional eligibility service periods using the plan year beginning with the plan year that starts after his date of employment. Vesting Service Rules A "year of service" is credited to an employee for each vesting period during which he has at least 1,000 hours of service. A "vesting period" is the 12-month period beginning on January 1 and ending on December 31. FORFEITURE AND RESTORATION Forfeiture occurs at the time of employment termination. However, the forfeiture will only be permanent if the participant does not return to employment before incurring a forfeiture break in service. A "forfeiture break in service" is a period of five consecutive plan years in which the participant is credited with 500 or fewer hours of service. Conrad Siegel Actuaries SPPB - 3 of 4 A.R.C., Inc. Defined Contribution Retirement Plan Valuation as of December 31, 2005 Summary of Principal Plan Benefit Provisions The special cashout rule applies if a participant terminates employment and receives a full distribution of the vested portion of his account before completing a full forfeiture break in service period. Conrad Siegel Actuaries SPPB - 4 of 4 Alternative Rehabilitation Communities, Inc. 2743 North Front Street P.C3. Box 2131 Harrisburg, PA 17105 Stephanie J Hostetter A843A00058 Date of Employment: 03/22/1982 Every effort has been made to ensure the accuracy of the information contained in this Statement of Account. If there is any discrepancy between Plan provisions Conrad Siegel ~~ ACT U A R I E S The Employee Benefits Company Conrad M. Siegel, F.SA Harty M. Leister, Jr., F.S.A gyde E. Gingrich, F.SA Earl L Mummed, M.AAA Robed J. Dolan, AS.A. David F. Sliding, AS.A Robed J. Mrazik, F.SA David H. Kilfick, F.SA Jefhey S. Myers, F.SA Thomas L Lmmerman, F.S.A Gtem A Hater, FSA Kevin A Erb, F.S.A Frank S. Rhodes, FS.A, ACAS. Holly A Ross, F.SA Jane) M. Leymeister, CEBS Mark A Bonsall, F.S.A John W, Jeffrey, F.S.A Denise M. Pdin, F.S.A. Thomas W. Reese, AS.A JonaOian D. Cramer, As.A John D. Vargo, F.S.A Robed M. Glus, As.a Bnrce A Senn, CEBS Laura V. Hess, AS.A. Vicki L Delligatti Lesley ABausch-Ward, A.S.A 501 Corporate Ctrcle • P.O. Box 5900 • Harrisburg, PA 17110-0900 Phone (717) 552.5633 Fax (717} 540-9106 www.conradsiegel.com A.R.C., fnc. Defined Benefit Plan Actuarial Valuation as of January 1, 2006 for Plan Year January 1, 2006 to December 31, 2006 Revised for Pension Protection Act of 2006 EXHIBIT E R ~ A.R.C., INC. DEFINED BENEFIT PLAN ACTIVE MEMBERS AS OF 01!01/2006 Page 3 Dates --- - ~ Mth. Annual Income at Retirement 9 Ret. e Birth/ Partic./ Vesting Service Accd. Compensation Monthly Total! . NameISSN x e Age ... Hire Retirement Past Fut. Total Pens. Current Avg. Pens. S.S. Adq, ~_. Hostetter Stephanie J F 51 65 01/13/1955 04/01/1983 24 14 38 1,857 66,581 66,581 3,163 1,631 4,794 xxx-xx-x033 03/22/1982 02/01/2020 119,854 5,693 3,129 80% A.R.C., Inc. Defined Benefit Plan Actuarial Valuation as of January 1, 2006 Summary of Principal Plan Benefit Provisions Time of Payment The participant may elect payment after his early retirement date, reduced to reflect the early commencement of benefits. After termination of employment, a participant may elect to receive his vested accrued pension as soon as administratively possible after the date of severance if the present value of the pension does not exceed $10,000. The forms of payment available before the participant meets the requirements for early retirement are: Lump Sum Payment, Lifetime Pension, and Joint and 50% Survivor Pension. However, if the present value of the vested accrued benefit is no more than $5,000 at the time of termination, the lump sum value will be paid as soon as administratively possible after the end of the plan year of termination. if the present value of the pension exceeds $10,000, the participant's pension will be deferred until the participant is eligible for retirement. Forfeitures and Restoration 1f a participant terminates employment before being vested, forfeiture occurs upon the earlier of the distribution of the vested accrued pension or the completion of one break in service in accordance with the vesting service rules. The forfeited amount is used to reduce any employer contribution otherwise due under the Plan. Special Cashout Rute The special cashout rule applies if a participant terminates employment and receives a full distribution of the vested portion of his accrued pension. A participant whose vested accrued pension is $0 will be forfeited upon employment termination. If the participant returns to employment with the employer during the restoration period and repays the amount previously distributed with interest, the employer will restore the forfeited portion of his accrued pension. This repayment option is not available to a participant if he previously received 100% of his accrued pension. If the participant's vested accrued pension is $0 and he returns to employment with the employer before he has breaks in service equa{ing the greater of 5 or his total years of vesting service, the employer will restore the forfeited portion of his accrued pension upon completion of one year of service. EMPLOYEE CONTRIBUTIONS Voluntary Employee Contributions Voluntary nondeductible employee contributions are not permitted. Mandatory Employee Contributions Mandatory employee contributions have never been required under the Plan. Rollover Accounts Rollover or transfer contributions are not permitted. Conrad Siege! Actuaries SPPB - 4 of 6 ' A.R.C., Inc. Defined Benefit Plan Actuarial Valuation as of January 1, 2006 Summary of Principal Plan Benefit Provisions OTHER RETIREMENT BENEFITS Late Retirement If a participant continues working after his normal retirement date, his pension will not commence until he actually retires. The late retirement benefit is the greater of: • The retirement benefit accrued as of the end of the preceding plan year, as actuarially increased; or • The normal retirement benefit determined under the pension formula using current service and compensation. Early Retirement A participant is eligible for early retirement after attainment of age 60 and completion of 10 years of vesting service. The early retirement pension is the actuarial equivalent of the pension accrued to the date of early retirement. DEATH BENEFIT If a participant dies after he has become vested under the Plan but before he begins to receive a retirement pension benefit, his spouse will receive a 50% survivor benefit if he has been married at least one year. Payment will begin on the date on which he first would have been eligible for retirement. The amount of his surviving spouse's benefit is equal to the 50% survivor benefit payable under the joint and 50°lo survivor pension option, based upon his vested accrued pension at the date of death and reduced for early commencement of benefits, if applicable. if the participant is not married or has not been married for a full year at the time of death, no benefit will be paid by the Plan. TERMINATION OF EMPLOYMENT BENEFITS Vesting in Accrued Pension If employment terminates other than by retirement, the amount payable from the Plan is based upon the following vesting schedule: Years of Service 0-2 Years 3 4 5 6 7 or More Years Vesting Percentage 0% 20% 40% 60% 80°l0 100°l0 Conrad Siegel Actuaries SPPB - 3 of 6 A.R.C., Inc. Defined Benefit Plan Actuarial Valuation as of January 1, 2006 Summary of Principal Plan Benefit Provisions Compensation For the purposes of the Plan, "compensation" means the participant's total earnings reportable as W-2 wages for the plan year. Bylaw, compensation in excess of $220,000 (as indexed upward under federal law) cannot be counted. Accrued Benefit Your accrued pension on any date other than your normal retirement date is equal to your projected normal retirement pension multiplied by the ratio of your current years of benefit service to your projected years of benefit service at normal retirement. However, your accrued benefit will never be less than your accrued benefit at December 31, 1992 payable at age 65 plus your accrued benefit determined above based on service credited after December 31, 1992. Retirement Payment Options A participant may elect to receive his monthly pension in one of these optional forms of payment: • Lifetime Pension • Lifetime Pension with Guaranteed Period with guaranteed payments for 60, 120, or 180 months • Joint and Survivor Pension with 100%, 75%, or 50% survivor pension • Lump Sum Payment - If the present value of the vested benefit does not exceed $5,000, this is the only payment option If the participant is married at the time payments are to begin, the automatic form of payment will be a Joint and 50% Survivor Pension with the spouse named as survivor annuitant, if the participant is not married at the time payments are to begin, the automatic form of payment will be a Lifetime Pension. Employment after Retirement. if a participant in pay status returns to employment, retirement benefits will not be suspended. Distributions under Qualified Domestic Relations Order. With respect to a participant, no distribution will be made before the date the participant could receive a distribution if he terminated employment. Conrad Siesel Actuaries SPPB - 2 of 6 A.R.C., Inc. Defined Benefit Plan Actuarial Valuation as of January 1, 2006 Summary of Principal Plan Benefit Provisions A.R.C., Inc. Defined Benefit Plan is a defined benefit pension plan that was established January 1, 1980, and was last amended and restated effective as of January 1, 1997. The plan year begins January 1 and ends December 31. ELIGIBILITY TO PARTICIPATE An employee becomes a participant in the Plan on the January 1 or July 1 after the date he meets the following requirements: • Completes 1 year of eligibility service; and • Attains age 21. NORMAL RETIREMENT BENEFIT Normal Retirement Date A participant is eligible for his normal retirement pension after the participant satisfies the following conditions: • Attainment of age 65. • Participation in the Plan for five years. Normal Retirement Benefit The normal retirement pension is payable monthly as long as the participant lives, with payments ceasing upon the participant's death. Normal Retirement Pension Formula If the participant retires as of his normal retirement date, his monthly pension will be equal to 1/12 of: • 1.5% of average annual compensation for each year of benefit service. Average Annual Compensation "Average annual compensation" means the participant's annual compensation averaged over the 5-consecutive-year period, which produces the highest average in the last 10 consecutive years including the current plan year. For the purpose of determining average annual compensation, the Plan does not take into account: • A year in which less than 1,000 hours of service are credited. Conrad Siegel Actuaries SPPB - 1 of 6 A.R.C., lnc. Defined Benefit Plan Actuarial Valuation as of January 1, 2006 Comments and Certification participants and beneficiaries was furnished by Alternative Rehabilitation Communities, Inc. The data has been reviewed and has been determined to be reasonable. The information as contained in this report is a projection of liabilities based upon stated assumptions and is not an exact statement of the Plan's ultimate benefits and liabilities. The report is intended to be viewed in its entirety and is solely for the use of the Plan Sponsor and its professional advisors. The contributions are determined per the requirements of Internal Revenue Code sections 412 and 404. The actuarial opinions contained in this report are not intended or written to be used, and cannot be used, for the purpose of avoiding penalties under the Interna{ Revenue Code. I certify that all costs, liabilities, rates of interest, and other factors under the Plan in Section 2 of the report have been determined on the basis of actuarial assumptions and methods, each of which is reasonable (taking into account the experience of the Plan and reasonable expectations) or which, in the aggregate; result in a total contribution equivalent to that which would be determined if each such assumption and method were reasonable, and which, in combination, offer my-best estimate of anticipated experience under the Plan. Actuarial computations under Statement of Financial Accounting Standards No. 87 (SEAS No. 87) in Section 4 of the report are for purposes of fulfilling employer accounting requirements. The calculations reported herein have been performed in accordance with generally accepted actuarial principles and practices, on a basis consistent with our understanding of SFAS No. 87 as amended by SFAS No. 132, and based upon economic assumptions provided by Alternative Rehabilitation Communities, Inc. and approved by Boles, Metzger, Brosius & Ritter, P.C. Date LVH/AAM Robert J. Dolan, A. .A. Consulting Actuary Enrolled Actuary No. 05-03182 r,........J c:,.,..,1 ~ .-.~......,... (`ortifir7tinn .. 7 of `~ A.R.C., Inc. Defined Benefit Plan Actuarial Valuation as of January 1, 2006 Comments and Certification This valuation has been performed in order to review the funded status and determine the required contributions to the pension plan for the 2006 plan year. Funded Status The plan's funded status, as an ongoing plan under the provisions of FASB Statement 35, is in a stronger positive position. Section 3 of the report shows that the plan assets exceed the actuarial value of accumulated plan benefits by $1,883,682. On a FASB 87 basis the total projected benefit obligation exceeds the assets by $1,721,449, a slightly worse position than a year ago. Required Contributions The minimum required contribution that must be made in order to avoid a funding deficiency is $370,138. This has decreased primarily due to the decrease in the covered payroll in the Plan. If you were a federal tax paying entity, the maximum tax-deductible contribution would be $3,160,313, which is higher than last year's. Our recommended contribution is $400,000. A contribution at this level falls into the range and continues to build a small cushion for any future fluctuations. Other Changes Since Last Year The number of active employees covered by the Plan increased by 14 this year bringing your four-year total to 38. The normal cost percentage, which is the percentage of payroll that is required to fund the benefit on a level basis when expressed as a percentage of payroll, has decreased to approximately 6.0%. The history of your normal cost percentage is as follows: Year Percentage 2006 6.0% 2005 6.5% 2004 6.5% 2003 7.2% 2002 6.3% 2001 5.5% 2000 5.1 1999 4.8% 1998 5.3% Actuarial Certification To the best of my knowledge this report is complete and accurate, based upon the data furnished to us. The data with respect to receipts and disbursements and assets of the Plan was furnished by Paine Webber, Inc. and Alternative Rehabilitation Communities, Inc. The data with respect to C:artifiratinn - 1 of 2 A.R.C., Inc. Defined Benefit Plan The following is the accrued benefit information for Stephanie J Hostetter: Accrued monthly pension as of 4-22-2007 ~ 2,016.23 Present value of above pension* as of 11-27-2007 $ 150,317 The accrued pension is payable at age 65. The normal form of payment is a Life Annuity. The accrued pension is 100X vested. * The present value calculation has been made based upon the assumptions promulgated by the Pension Benefit Guaranty Corporation far annuity valuations. The interest rate is 5.46X per year for 20 years followed by 5.13X per year. The mortality is in accordance with the 1994 Group Annuity Mortality Basic Table for females with mortality improvement projected to 2017 using Projection Scale AA. Current Age 53 Date of Birth: 1-13-1955 (Divorce:314) .ft.C., INC. DEFINED BENEFIT PLAN STEPHANIE J HOSTETTER A702-A00051 A.R.C., INC. DEFINED BENEFIT PLAN BENEFIT STATEMENT FOR STEPHANIE J HOSTETTER AS OF: 01/01/2005 EMPLOYEE DATA Social Security Number: XXX-XX-9033 Date of Birth: 01/13/1955 Vesting Service: 23 Years RETIREMENT PROJECTIONS Estimated Monthly Pension From This Plan at Normal Retirement (02101/2020): $ 3,247 Estimated Social Security Primary Insurance Amount (02/0112020): 1,583 Total Estimated Monthly Income: $ 4,830 The retirement projections assume your continued employment to your normal retirement date at your current pay level. Amounts shown are estimates only and are based upon currently available data and current legislation. The Social Security projection assumes employment during most of your adult lifetime (please refer to "Your Social Security Statement", which is provided annually by the Social Security Administration, for an estimate which is based uaon vour complete pav history). Every effort has been made to insure the accuracy of the information contained in 1 `Student Portal y i, ..3µF, Am~arica~ct l~tiucatfo~ S+~r~ric+as ~- Name Log Out Express Tools Contact Us Your Loans: Loan Applications: Your Loan Status AES Loan Servicing: First Loan Current Disbursement Program Balance Date 2005-09-07 UNSUB $20,318.22 CONSOLIDATION LOAN 2004-09-20 FEDERAL $0.00 PARENT PLUS LOAN 2003-10-?,7 FEDERAL $0.00 PARENT PLUS LOAN 2003-08-25 FEDERAL $0.00 PARENT PLUS LOAN 2003-03-18 FEDERAL $0.00 PARENT PLUS LOAN Total Current Balance: $20,318.22 Loan Servicing Options: Make a Payment View_Your Payment History ~ Can't Make a Pavment or tUeed a Deferment or .J........ ~ ~ ~ ~~~ ~ ~ ~~ , .. ~-. 3l ~-c~ < ~ ~~ EXHIBIT https://callipygos.pheaa.org/portal/stude F tail.cfm?mentor=yes&p... Page 1 of 1 Disclaimer (Privacy Policy Account Access Apptyr Far ~ Loan Payment Summary: Effective Amount Principal Effective Amount Prin pal Date Balance ~~ Balance 10/22/07 135.54 20,318.22 03/13/07 135.54 20,733.77 09/04/07 135.54 20,340.08 02/05/07 135.54 20,782.20 07/30/07 271.08 20,390.15 01/15/07 135.54 20,866.72 06/20/07 135.54 20 565.45 12/12/06 135.54 20,919.45 05/14/07 135 4 20,612.1 . 11/08/06 135.54 20,971.98 Payment Detail: .~ L..ti,r ~ -_ C Please click on a Payment Amount in the Payment Summary Window 10/31/2007 AES Payment Center : Qverview Flotsz~ Page 1 of 2 Disclaimer I Privacy Policy Alm~~ie~n ~dueatfon r»ic~s I_~ t7ut Ema91 P~nent Center FAQs GABRIEL J HOSTETTER 344 HIGHLAND AVE JOHNST0IMV PA 159022550 814539-5226 (H) Each time you log into the AES Payment Center you will see your Account Summary with the option to view your real-time student loan statement. This information is real-time and available 24 hours a day! ~.v~~ ~~. ~~' k // „~, Payment Center ~ ~~~ . ,~•~ `,,.~ firint l/- ~~~ GABRIEL, Welcome to the AES Payment Center. Please take a moment to review the services that are available to you in the AES Payment Center. Account Summary AES Loan Servicing view real-tame statement Current Amount - Princiaat-Ba,laaee Past Due Total Due Date Due $9,770.13 $.00 $150.00 11/13/2007 view detail .93 $.00 $185.00 11!20/2007 view detail Payment Options Each time you fog into the AES Payment Center you see the option of making a one time student loan payment. The convenience of our Direct Debit program is also available. Option 1 Using "Option 1"you can pay one amount to be applied to your loan(s). make an option 1 payment now Option 2 ~/" ~ An "Option 2" payment allows you to specify payment amounts on a loan by loan V' i~ '" 1 ~ / basis. make an option 2 payment now irect Debit ,For a Loan Servicing Direct Debit application call: 1-800-233-0557 or you may download the_application now. Payment Activity The Payment Activity fieature allows you to view your payment history, as well as manage your scheduled and pending payments. view payment activity Billing Options Eliminate paper statements by opting to receive monthly a-mail reminders instead. The Billing Options feature allows you to choose your preferred billing method. E~IIIBIT G org/ops/ops_index.cfm?regpage=overview&clid=AES 10/31/2007 American ExpresslCazds/Cazds Registered with American Express Online Services Page 1 of 2 PERSQNA~ CARDS Site Help I Search I Contact Us I Log Out VIEW ACCOi Manage Your Account Explore Rewards & Benef+ts Additional Products & Services Apply for a Card CARfl ACTIV{7Y For S J HOSTETTER "! Blue from American. Express - 51004 Closing Date: Sep 11, 2007 Card: Blue from American Express _____ ^ 51004 ~ ~ - ~ Leam About Your New Onlin . -- _ ____ _, ____ matures Time Period: Previous Statement Aug 11, 2007 through Sep 11, 2007 a {~ vew Your Billing ~` J 1~ Statement - ------------------------- Display: All Transactions _~_•_~ ,~, Print Options Additional Search Options +~ Download Card Activity ~- Search Transactions: L^ See More Options (Options currently set: None) TRANSACTIC)N DETAIL 1151 V1EW GRAAN Vt€Yit Activity for S J HOSTETTER -51004 [+ Show or 0 Hide all details First ~ Previous Displaying 1-6 of 6 Transactions Next ~ Last Date*- Description Amount 09/11/2007 ~ _Periodic FINANCE CHARGE 94.88 08!30/2007 +(] LISPS CHANGE OF ADDRE800-238-3150 TN 1.00 ~f- IYr~ s - 08l17I2007 +Q BT 849749483 - MBNA AMERICA 13,693.92 .. 08/17!2007 ~ BT 849749484 -SEARS NATIONAL BANK 4,626.93 ~t•-mod 08!17!2007 Q BT 849749485 - BOSCOVS 665.63 b wf' ~ «s 08/17/2007 [+ BT 849749486 - WACHOVIA CARD SERVICES 7,605.39. ~'"~~ ~,-, t- First ~ Previous Page ~ of 1 Next ~ Last Cre,(; ~ C ~ v1 J ~ Dispute aCharge/Check Dispute Status ~ Transfer a Balance Charges: 26,687.7 Credits: 0.0 Payments: 0.0 PAY BILL SUMMARY Previous (-) Payment (+) New Activity $ New ealancs S MiMmum Balance $ Activity $ inc. Adlustmenta and Amount Dus $ Finance Charges If any 1 0.00. 0.00. 28,887.78.. EXI-IIBIT j~ canexpress.com/myca/estatement/us/action?request_type=authreg_D... 10/31 /2007 ~ wzoseQCes NNNN-NANN-NNAN-NNNN EXHIBIT I a n...{.{ !T1 8 ~~ ~ ~. ~~ ro3 s~ ~ ~. o ~j ~' ~~~ ~~ ~~ Z + ~ ~ ~~ o A ~ t` `~l~ ,.., ..----, --0 .~ °c ---o ~- 0 -~ 0 c ~~ ~p~ ~, n m 0 -~ *e ~. ~~ IINIIi~NII m m A O ~~ ~~ ~ Z ~ -o r m p ~ ~ Z ~ ~ Ty m Z f~T! x S C ', d p I rn I ~ I1~~ n m I~IIN ~~II~INNIIIII~ I ~ ~~ ~ a , £ "~ ° -~ `" O ~ O ~t^v ~_ ~ ~ y y~~pj~ t7 W jj~'((]~ ~ "S ~ ~ ~ t4 ~, ' ~~ ~~ p 3 1 I ~''' i~ o~ ~. bs sw ~ = ~ ~ ' ' ~ p W ~~~ ~~~ ~. ~ s ~~ ° _ °~ ~ °m~,~ '~• ~ o ~ ~~~ Z ~ O ~ ~ . p `sa" ~~ S~ $ + ~~ a ~~ ~~~ ~~ ~~~~ ~~ f ~~ ~ ~ ~ ~wp W $ 3 Q ~ ~ ~~ f~ ,w ,,. ~~"'°° i11111i11~k'NIIIIIIIIIIIIVIVIIMIIn~VI 'II m 0 0 m .~i ~ ~ ~ o m ~ o _< m o c ~ o °' m O ~ 3 N m m ~e g Q n m to ~ m ~ m X m ~_° G) ~ G7 ~ G? ~ r zi_ ~c N w~~pZ~ ~ m r 'a y m ~ m 0 O Z° c m m~ A ~, ~~ ~~ °% ~~ ~~ A m~ x pp O~ O O 8 V W y~ 3a O o~ $ y W ~ N p rn O ~ ~ v v A W S ~ ~ D C• D -i ~ -n ~ -p a m c~i~t~nc°n m ~r:Q~ ~ ~~ hm ~~"'~C~ ~ ~. ® ~ ~m C ~~ n C O(7- ..r ~oo v mr 3 a'aco 4~m~{° ~° o°o m m ~ m ~` ~ m zQ ~ta 3 ~ ~ m ra ~ ~ m °a n°+ c°n ~ m m r33o m ~ ~ ... a ~~~ ~ D 7~ .~ ~ ~... p fAfA(J3{fl g Air= ~ v~co0~~ ~tfl tys ~' ~g$ ~~ ogoS ~wo~~N ~Q ~ oo~~oo w~s o~ ~s Do R X=~ f ~ c'~ m mm QD~ ~~! ~ ~ w ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 1 Z~ ° ~ 'd~~f"a~ ~ ~_~ a ~~ A ~m~~~ ~~ o~~a3 i v ~~ d~ ~ .~~. V W ~~ ~ D. m m wtA ~.~ g ~ C~ A~,~ ~~~ ~o~~a # ~ ~< ~ °~ ,~ ~~ 000 ~~~ -, ~. m 'T~ i ' ~ ~ p j G m ~ ~ ... 0 0 © d pp ~ 3 n 7 1T1 ~ O .vp N II O O O O (pp(l~yy (~~(JJffff ~~ A WN~AOONIV a ~'l; Y :.r~~. r.~ v ~ to c~ O ~' N z ~m 3 ~ ~• a H ~1' m ao ~ 3r" ~ ~ m a S 4 S ~ ~ a x °-' ~ ~~ ~ ~ » ~ N v N O o 00 ~ 0 .;r S~ jg ' ~. ,L ,~. ~~ a E~BIT J BLTH 320801000145109 02-22-2008 ., aGvr ~ TRANSACTION HISTORY ~ 320801000145109 SHRT NME HOSTETTER, POST-DATE EFF-DATE CODE AMOUNT PRINCIPAL INTERES T LATE CHG USER ID FEE/EXPENSE DESCRIPTION A/H INS LIFE IN CUR BALANCE 03/24/08 03/24/08 64000 188.96 160.18 28.78 .00 XTCMNNT .00 PAYMENT .00 .00 226$.74 05/05/08 05/05/08 61830 9.44 .00 .00 .00 .00 AUTO LATE CHARGE ASSESS .00 .00 2268.74 06/04/08 06/04/08 61830 9.44 .00 .00 .00 .00 AUTO LATE CHARGE ASSESS .00 .00 2268.74 06/11/08 06/11/08 64000 396.80 309.41 68.51 18.88 EBOX .00 PAYMENT .00 .00 1959.33 A?LH340 SCAN COMPLETE PF7=PAGE BACK ENTER/F8=FORWARD S ~h~~ M ~ ~~h' U8 r h '~~ ~. r ~- f~ wt,~ S ~S rv~~ ~r,~- -~ E~ IIBIT K ,~.c,-~,v; w~ CLEAR/F3=EXIT r~~~ ~ ~~ . S r~~~~T ~~ ~~``~ Gi-G G ~ ~~ BLTH 320801000145109 02-22-2008 TRANSACTION HISTORY 320801000145109 POST-DATE USER ID 07/16/07 XTCMNNT 08/15/07 XTCMNNT 09/24/07 XTCMNNT 10/19/07 XTCMNNT 11/27/07 XTCMNNT 12/26/07 XTCMNNT 01/28/08 XTCMNNT 02/22/08 XTCMNNT EFF-DATE CODE AMOUNT FEE/EXPENSE DESCRIPTION 07/16/07 64000 188.96 .00 PAYMENT 08/15/07 64000 188.96 .00 PAYMENT 09/24/07 64000 188.96 .00 PAYMENT 10/19/07 64000 188.96 .00 PAYMENT 11/27/07 64000 188.96 .00 PAYMENT 12/26/07 64000 188.96 .00 PAYMENT 01/28/08 64000 188.96 .00 PAYMENT 02/22/08 64000 188.96 .00 PAYMENT SHRT NME HOSTETTER, PRINCIPAL INTEREST LATE CHG A/H INS LIFE IN CUR BALANCE 149.88 39.08 .00 .00 .00 3492.23 148.80 40.16 .00 .00 .00 3343.43 137.70 51.26 .00 .00 .00 3205.73 158.25 30.71 .00 .00 .00 3047.48 143.40 45.56 .00 .00 .00 2904.08 156.69 32.27 .00 .00 .00 2747.39 154.29 34.67 .00 .00 .00 2593.10 164.18 24.78 .00 .00 .00 2428.92 MORE PF7=PAGE BACK ENTER/F8=FORWARD CLEAR/F3=EXIT BLTH 320801000145109 07-16-2007 TRANSACTION HISTORY 320801000145109 POST-DATE USER ID 12/18/06 XTCMNNT 01/16/07 XTCMNNT 02/15/07 XTCMNNT 03/16/07 XTCMNNT 04/17/07 XTCMNNT 05/16/07 XTCMNNT 06/18/07 XTCMNNT 07/16/07 XTCMNNT EFF-DATE CODE AMOUNT FEE/EXPENSE DESCRIPTION 12/18/06 64000 188.96 .00 PAYMENT 01/16/07 64000 188.96 .00 PAYMENT 02/15/07 64000 188.96 .00 PAYMENT 03/16/07 64000 188.96 .00 PAYMENT 04/17/07 64000 188.96 .00 PAYMENT 05/16/07 64000 188.96 .00 PAYMENT 06/18/07 64000 188.96 .00 PAYMENT 07/16/07 64000 188.96 .00 PAYMENT SHRT NME HOSTETTER, PRINCIPAL INTEREST LATE CHG A/H INS LIFE IN CUR BALANCE 139.31 49.65 .00 .00 .00 4487.78 139.07 49.89 .00 .00 .00 4348.71 138.96 50.00 .00 .00 .00 4209.75 142.17 46.79 .00 .00 .00 4067.58 139.07 49.89 ~"~ .00 .00 3928.51 145.29 43.67 .00 .00 3783.22 141.11 47.85 ~ .00 .00 .OQ~ 3642.11 149.88 39.08 / .00 .00 /00 3492.23 PF7=PAGE BACK ENTER/F8=FORWARD CLEAR/F3=EXIT QI as- ~.~f- ~~ 8 7`' _ S '~e.I~af(o~ y~zZ~o~ 1 ~ C V1 (~ N ~ ? N N ~ ~ b- "O -p O O -< -+ ~ -+cQCatS g ~~-O~cn-n ~' m X-~ ~' m 3 O ~ ~ ~ r . D ~ J . ~ ~. f0 ~ ~ 7 ~ "'~ g. Q ~ ~ O pD~ ~ p ~ m .. ~ j ~ O ~ ~ Z ' Z +y D o ~ ~ ~ ' w ~ ~ o ~ a ~ ~ ~ O w ~ a" ZD D1 `~ ( O O 46 ~ ( -~ -i a ~ . )c X .i A 1 1 w 1 -+ 1 -W C31 p 1 1 ~ w 1 A ~- V -+ V. N V ~p W .O c-, N ~I ~ pp ~ n O -~ c~~ C!t Q W CN Q ~ ~ Q ~ c ` iV to w v O~~ . ...: pq c i~ O t t do Eyt :-...: Q. 0 ~ ,:a w ~+ w tN1t N N t9. ~N-~'ww j o o w w NCw ~~t cnv ~a~aoaw a + W ~, tD A tD ~ ~I N ' x (n w pp .P 07 O ,~ (31 V O O O - 3 _~~~~ _~~~ ~ ~ 0 3 ~ ~ ppQoOO pp pQoopppppppppp ?AAA~AA?.P .P A?SPA ~" -~ `' ~ ~ ~ 1 ~ ~ f1 ~ a ~ '~ ~;.. ~ ~. . .. N I~N N I~f J 1~1 I~~••+ •+ tllA ( r/ ~ ~ 11L~~ 1b V O~CT A W N ~+QtpOD V n ~. O W ~, ~ O 000~'moooo Zo~aoaoosao ~o ~ ~ to ~ .. aorn°o~ r°~r°oorn Z o # ~ ~~ vvv ZZZ3333zZ~3333 ~_ Q. n t ~ nmm;ta:u.~c mmmcnacnc pp p ~ p (A fn fA~CnO WU](AW W NS.P 3333 33333 Z ~~ ° E~~iIBIT i o y ~ N o ~. L am~~ .~~~~~ ~ _., o w p g~ ~oQ~ oo: J O ""~ m DNS to ' b ~~ oaz ~ r:- m 2 ~ L o ono O N v -i m ~~cm ~ Z A Z ~ n Q O 2 ~ ~~m zm~i ~ ~_ t~"' ~ ~ ~ < T! "~ _~ ~ Z V ~( C7 ~ v 0 N W v 2 V V ~ ~. p a ~ m 7 a tin A ~~ S$ 01998, 2006. ASP, Inc. A4! Rights Reserved. E}~-[BIT M DONALD E. HOSTETTER, Plaintiff v. STEPHANIE J. HOSTETTER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO.07-4713 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE INVENTORY OF STEPHANIE T. HOSTETTER Defendant, Stephanie J. Hostetter, files the following inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. ASSETS OF THE PARTIES Defendant marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. 1. 2. 3. 4. 5. 6. 7. 8. 9. () 10. ( ) 11. () 12. () 13. () 14. () 15. () 16. Real Property Motor Vehicles Stocks, Bonds, Securities and Options Certificates of Deposit Checking Accounts, Cash Savings Accounts, Money Market and Savings Certificates Contents of Safe Deposit Boxes Trusts Life Insurance Policies (indicate face value, cash surrender value, and current beneficiaries) Annuities Gifts Inheritances Patents, Copyrights, Inventions, Royalties Personal Property Outside the Home Business (list all owners, including percentage of ownership, and officerjdirectorgositions held by a party with company) Employment Termination Benefits -- Severance Pay, Worker's Compensation Claim jAward ( ) 17. Profit Sharing Plans (X) 18. Pension Plans (indicate employee contribution and date plan vests) ( ) 19. Retirement Plans, Individual Retirement Accounts ( ) 20. Disability Payments ( ) 21. Litigation Claims (matured and unmatured) ( ) 22. Military/V.A. Benefits ( ) 23. Education Benefits (~ 24. Debts Due, including Loans, Mortgages held (~ 25. Household Furnishings and Personalty (include as a total category and attach itemized list if distribution of such assets is in dispute) () 26. Other MARITAL PROPERTY Defendant lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced: ITEM NUMBER DESCRIPTION OF PROPERTY NAMES OF ALL OWNERS 1 Marital Home: Property was sold on November 5, 2007 Donald & Stephanie Hostetter 2 2003 Chrysler PT Cruiser Donald & Stephanie Hostetter 2 2003 Chrysler PT Cruiser Donald & Stephanie Hostetter 4 Certificate of Deposit Donald Hostetter 18 Defined Contribution Retirement Plan Stephanie Hostetter 1 S Defined Benefit Plan Stephanie Hostetter NON-MARITAL PROPERTY Defendant lists all property in which a spouse has a legal or equitable interest which is claimed to be excluded from marital property: ITEM DESCRIPTION OF REASON FOR EXCLUSION NUMBER PROPERTY 5 Checking Account Solely in Donald Hostetter's name and was created at date of se aration. 5 Checking Account Solely in Stephanie Hostetter's name and was created at date of se aration. ~ Savings Account Solely in Donald Hostetter's name and was created at date of se aration. ~ Savings Account Solely in Stephanie Hostetter's name and was created at date of se aration. ~ Term Life Insurance Policy through Beneficiary: Douglas L. Werley Defendant's Employer -Paid by Em to er ~ Term Life Insurance Policy through Beneficiary: Donald Hostetter Defendant's Employer -Paid by Em to ee ~ Term Life Insurance Policy through Beneficiary: Stephanie Hostetter Defendant's Employer -Paid by Em to ee LIABILITIES ITEM NUMBER DESCRIPTION OF PROPERTY NAME OF CREDITORS NAMES OF ALL DEBTORS 2 Car Loan Chrysler Financial Donald & Stephanie Hostetter 2 Car Loan Chrysler Financial Donald & Stephanie Hostetter 24 Student Loan on Behalf of their Son, Gabe American Education Services Stephanie Hostetter 24 Credit Card American E ress Ste hanie Hostetter 24 Credit Card Home De of Ste hanie Hostetter 24 Credit Card Sears Ste hanie Hostetter 24 Credit Card Wachovia Card Donald Hostetter 24 Personal Loan Wachovia Loan Donald Hostetter r GER'T'IFIGATE OF SERVI F AND NOW, this 23rd day of June 2008, I, Michelle L. Sommer, Esquire, of .ABOM d~' KUTULAKIS, LLP., hereby certify that I did serve a true and correct copy of the foregoing Pre-Trial Statement by depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to the following: Samuel L. Andes, Esquire 525 North Twelfth Street P.O. Box 168 Lemoyne, Pennsylvania 17043-0168 Attorney for Plainti~ E. Robert Elicker Office of Divorce Master Cumberland County Court of Common Pleas 9 North Hanover Street Carlisle, PA 17013 Cumberland County Divorce Master Respectfully submitted, DATE ~~ ~~ ABOM ~ KUTULAKIS, L.L.P ~ ~- ~ Michelle L. Sommer, Esquire Supreme Court ID: 93034 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for Defendant r.a =~ ~ r~ c:s -n f__.. -- 4 Tti} t . ~~ ~.1 i~ ~j .`~ a,,,j ~~' DONALD E. HOSTETTER, Plaintiff v. STEPHANIE J. HOSTETTER, .Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO.07-4713 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE MOTION FOR SANCTIONS AND NOW, comes Michelle L. Sommer, Esquire, of ABOM & KUTULAKIS, L.L.P., who respectfully files the within Motion for Sanctions against Plaintiffs Counsel, and in support thereof, avers the following: 1. On May 30, 2008, the Divorce Master provided Counsel to each of the parties a letter outlining the status of the parties' divorce case, including the time line of upcoming proceedings. (See Exhibit "A") 2. The Divorce Master's letter explicitly stated that each Counsel was to file a Pre- Trial Statement on or before Monday, June 23, 2008, in accordance with Pa.RC.P. 1920.33(6). 3. Defendant's Counsel filed a timely Pre-Trial Statement on June 23, 2008 and immediately served the document on Plaintiffs Counsel and the Divorce Master. (See Exhibit `B'~. 4. Plaintiffs Counsel has not yet filed aPre-Trial Statement 5. The Divorce Master's May 30, 20081etter noted the following. "Sanctions for failure to file the pretrial statements are set forth in subdivision (c) and (d) of Rule 1920.33." 6. Pa.RC.P. 1920.33(d) states that a party who fails to file aPre-Trial Statement shall be barred from offering any testimony or introducing any evidence in the matter before the court. THEREFORE, Defendant respectfully requests that this Honorable Court impose sanctions on Plaintiff's Counsel for failure to file aPre-Trial Statement, in direct violation of the Divorce Master's letter and in accordance with Pa.RC.P. 1920.33(d). Respectfully submitted, DATE ~''~l'' O~ ABOM & KUTULAK S, L.L. ~. Michelle L. So er, Esquire Supreme Court ID. 93034 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for Defendant AND NOW, this ~~day of July, 2008, I, Michelle L. Sommer, Esquire, of ABOM e'er KUTULAKIS, LLP., hereby certify that I did serve a true and correct copy of the foregoing Motion for Sanctions by depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to the following: Office of the Prothonotary Cumberland Court of Common Pleas One Courthouse Square Carlisle, PA 17013 Samuel L. Andes, Esquire 525 North Twelfth Street P.O. Box 168 Lemoyne, Pennsylvania 17043-0168 Attorney for Plainti~' E. Robert Elicker Office of Divorce Master Cumberland County Court of Common Pleas 9 North Hanover Street Carlisle, PA 17013 Cumberland County Divorce Master Respectfully submitted, 1$ KUTULAKIS, L.L.P DATE ~~D~£s Michelle L. Soi'~imer, Esquire Supreme Court ID: 93034 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 Attorn y for Defendant OFFICE OF DIVORCE MASTER CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 North Hanover Street Carlisle, PA 17013 (717)240-6535 E. Robert Elicker, 11 Divorce Master Traci Jo Colyer~ Office Manager/Reporter May 30, 2008 Samuel L. Andes Michelle L. Sommer Attorney at Law Attorney at Law 525 North Twelfth Street ABOM & KUTULAKIS, LLP P.O. Box 168 36 South Hanover Street Lemoyne, PA 17043 Carlisle, PA 17013 RE: Donald E. Hostetter vs. Stephanie J. Hostetter No. 07 - 4713 Civil In Divorce Dear Mr. Andes and Ms. Sommer: Both counsel have indicated that they believe discovery is complete. Therefore, we will not be dealing with discovery issues at the time of the pre-hearing conference. A complaint in divorce was filed on August 8, 2007, raising grounds for divorce of irretrievable breakdown of the marriage. I assume that there will be no issue with respect to grounds for divorce and that the parties will either sign affidavits of consent or, at the appropriate time, file an affidavit under Section 3301(d). The complaint raised economic issues of equitable distribution, alimony, alimony pendente lite, and counsel fees and expenses. In accordance with P.R.C.P. 1920.33(b) I am directing each counsel to file a pretrial statement on or before Monday, June 2~ 2008. Upon receipt of the pre-trial EXHIBIT "A" West Shore 1-888-697-0371 Ext. 6535 Mr. Andes and Ms. Sommer, Attorneys at Law 30 May 2008 Pie 2 statements, I will immediately schedule apre-hearing conference with counsel to discuss the issues and, if necessary, schedule a hearing. Very truly yours, ~d~ k E. Robert Elicker, II Divorce Master NOTE: Sanctions for failure to file the pretrial statements are set forth in subdivision (c) and (d) of Rule 1920.33. THE ORIGINAL PRETRIAL STATEMENT SHOULD BE FILED IN THE MASTER'S OFFICE AND A COPY. SENT DIRECTLY TO OPPOSING COUNSEL. FAILURE TO FILE PRETRIAL STATEMENTS AS DIRECTED BY THE MASTER MAY RESULT IN THE MASTER'S APPOINTMENT BEING VACATED. DONALD E. HOSTETTER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA v NO. 07-4713 CIVIL TERM STEPHANIE J. HOSTETTER, : CIVIL ACTION -LAW Defendant IN DIVORCE _ ~ `~' ~~ -~ r. '. ~~ ~~, -.... r~ DEFENDANT'S PRE-TRIM, STATEMENT ~ ``' -s ,..~, „~ -T,' The Defendant, Stephanie J. Hostetter, files the following Pre-Trial Statenent~~` ~ J !'' ..~ ~-, c:. --c LIST OF ASSETS -HABI'T'AT, AND NON-MARITAL 'The Defendant, Stephanie J. Hostetter, requests a stipulation that the date of final separation was April 22, 2007. The inventory is supplemented with the values of the marital and non-marital property on the attached charts: EXHIBIT "B" ~R'I'IFI~~T. F OF SERVICE AND NOW, this 23rd day of June 2008, I, Michelle L. Sommer, Esquire, of ABOM ~ KUTULAKIS, L.L.P., hereby certify that I did serve a true and correct copy of the foregoing Pre-Trial Statement by depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to the following: Samuel L..Andes, Esquire 525 North Twelfth Street P.O. Box 168 Lemoyne, Pennsylvania 17043-0168 Attorney for Plainti~ E. Robert Elicker Office of Divorce Master Cumberland County Court of Common Pleas 9 North Hanover Street Carlisle, PA 17013 Cumberland County Divorce Master Respectfully submitted, DAB c..~-I~Ic~~' ABOM ~ KUTULAKIS, L.L.P Michelle L. Sommer, Esquire Supreme Court ID: 93034 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for Defendant }'~.. i £-~ _ ~ .Y ' ~'. ~ ~._ . t::1 r --! --r' _ ` ~~ r- r _ r'r L{' C7 f __._ +i ~--.. .~ r.. :.c DONALD E. HOSTETTER, IN THE COURT OF COMMON PLEAS OF PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVANIA V. STEPHANIE J. HOSTETTER, DEFENDANT 07-4713 CIVIL TERM ORDER OF COURT AND NOW, this ~ day of August, 2008, a Rule is entered against Donald E. Hostetter to show cause why the relief requested herein should not be granted. Rule returnable by way of an answer filed not later than ten (10) days from this date. The Prothonotary shall forward any answer to chambers. By the ~muel L. Andes, Esquire For Plaintiff ichelle L. Sommers, Esquire For Defendant :sal Edgar ~Lf `~. ~ ~ ._~ t~..: '~:"^~ "~. 4_ ~ j _. ~ ~ iy L...7f.i_ ~ a '' ~ ''-_ w . t ~'~ .: 1 , ~ C.~ -.~ t„) s DONALD E. HOSTETTER, Plaintiff vs. STEPHANIE J. HOSTETTER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 07-4713 IN DIVORCE PLAINTIFF'S ANSWER TO DEFENDANT'S MOTION FOR SANCTIONS AND NOW comes the above-named Plaintiff, by his attorney, Samuel L. Andes, and makes the following Answer to the Defendant's Motion for Sanctions: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted in part and denied in part. It is admitted that Plaintiff's Pre-Trial Statement was not filed on the date that Defendant filed her Motion. The Pre-Trial Statement, however, was filed with the Master by mail, on 7 August 2008. 5. Admitted. By way of further answer, however, Plaintiff states that the notice does not threaten such sanctions if the filing of the Pre-Trial Statement is delayed. 6. Admitted. By way of further answer, however, Plaintiff states that the Rule does not require or countenance the imposition of such drastic sanctions because aPre-Trial Statement is filed late. Such drastic action would only be appropriate, if at all, in the event that aPre-Trial Statement is not ever filed. WHEREFORE, Plaintiff moves this court to deny Defendant's Motion for Sanctions. NEW MATTER By way of further answer, Defendant sets forth the following New Matter: 7. Defendant's request for sanctions is premature in that Plaintiff has not failed to comply with any order of this court. 8. Pa. R.C.P. 1920.33 permits this court to order sanctions in accordance with Pa. R.C.P. 4019. 9. Pa. R.C.P. 4019 authorizes sanctions in this situation only where the Plaintiff has failed to obey an order of court respecting discovery. 10. This court has not entered any order requiring discovery or requiring the filing of the Pre-Trial Statement which Plaintiff has violated. 11. The delay in Plaintiffs preparation and fi{ing of his Pre-Trial Statement was caused, in part, by the fact that he resides outside the Cumberland County area and communication with his attorney is difficult and was delayed. 12. The delay in the preparation and filing of Plaintiffs Pre-Trial Statement was caused, in part, by a vacation taken by Plaintiffs attorney. 13. It would be unjust and contrary to the spirit of the law and the rules of court to deprive Plaintiff of the opportunity to present evidence before the Master on the economic claims raised in this action. 14. The Master scheduled apre-hearing conference with counsel prior to the filing of Plaintiffs Pre-Trial Statement and in accordance with the Master's normal scheduling practices. As a rseult, the advancement of this case was not delayed by the late filing of Plaintiffs Pre-Trial Statement. 15. Defendant has not been prejudiced in any way by the delay in the filing of Plaintiffs Pre-Trial Statement. 16. The drastic sanction sought by Defendant is entirely unnecessary to assure compliance by Plaintiff, and all other litigants with the rules of court. Imposition of such a drastic sanction would deprive Plaintiff of substantial and important rights with low benefit to the judicial system or to Defendant. WHEREFORE, Plaintiff moves this court to deny Defendant's Motion for Sanctions. Sa I L. Ande Attorney for Plaintiff Supreme Court ID # 17225 525 North 12th Street P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 I verify that the statements made in this document are true and correct. i understand that any false statements in this document are subject to the penalties of 18 Pa. C,S. 4904 (unswom falsification to authorities). Date: ~( ~~ ~~ ?S r L. A ES CERTIFICATE OF SERVICE I hereby certify that I served an original of the foregoing document upon counsel for the Defendant herein by regular mail, postage prepaid, addressed as follows: Michelle L. Sommer, Esquire 36 South Hanover Street Carlisle, PA 17013 Date: 8 August 2008 Am .Harkins .Secretary for Samuel L. Andes .~,' ~" ;a %,::: "" _ ., 7 G ~ ~ . ~-- Cr'r .: '. -~. ~:- ~) ~ Y v -~ ~{ [ j .' .r~ DONALD E. HOSTETTER, IN THE COURT OF COMMON PLEAS OF PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVANIA V. STEPHANIE J. HOSTETTER, DEFENDANT 07-4713 CIVIL TERM ORDER OF COURT AND NOW, this ~~ day of August, 2008, upon review of the motion of defendant to sanction plaintiff by barring any testimony or introducing any evidence in this divorce proceeding, and the answer filed thereto, the motion of defendant, IS DENIED. By the Cart; /' ~ ;~ Edgar B. Bayley, J. ~ramuel L. Andes, Esquire For Plaintiff ichelle L. Sommers, Esquire S For Defendant :sal r ^~ -~ "== ~Z ..-+ ~ 4 ~ , / M ~ ~ k f: MRR-24-2009(TUE) 09; d2 Samuel Andes, Esq. DONALD E. HOSTETTER, Plaintiff us. STEPHANIE J. HOSTET7ER, Defendant (FRX)~17 761 1G35 P. 001/002 IN THE COURT OF COMMON PLEAS OF CUMBEF~LAND COUNTY, PENNSYLVANIA C1ViL ACTION -LAW NO. 2007-4713 IN DIVORCE AFFIDAVIT OF CON8ENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on August 8, 2007 and served upon the Defendant on or about August 22.2007. 2. The marr'raage of Plaintiff and Defendant is irretrievably broken and minety (90} 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 in divorce after service of a Niotice of Intention to Request Entry of the Decree. 1. 1 consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyers fees, or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsecation to authorities. Dated: DONALD E. HO ETTER ~~ ka/ wr.,~ ~~ 7 C'~ ~ '. ~+ t~ ~ _Y •, / ~' C~ MRR-24-2009(TUE) 09;42 Samuel Rndes, Esq. (FAX)717 761 1435 P. 002/002 n ~. DONALD E. HOSTETTER, ) Plaintiff ) vs. ) STEPHANIE J. HOSTETTER, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBE~tLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAWV NO. 2007-4713 IN DIVORCE aFFloavlT of CONSENT 7 . A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on August 8, 2007 and served upon the Defendant on or about August 22, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) 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 in divorce after service of a Nonce of Intention to Request Entry of the Decree. 1. I consent to the entry of a final decree in 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. 1 verrijr that the statements made in this Affidavit are tale and correct. 1 understand that false statements herein are made subject to the penames of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. 3~~y/aon~ p~~; STEPH NIE J. H TIER u.~~ ~u ~ '^~-; em f . 7 f ` ~~~ .. ' a te IN TSE COURT bF Ct~4lMON PLEAS Off' CUll+~ERLAND COUNTY, PI~NNSYLV~ANIA ~~na i d ~ . NQsfi~~t-F «-- . Plaintiff vs File Na. 0 7 - ~f 713 ~~v De~da~c ;~~~ ~~f ~~~`~ _~ l~ tQ tb~e entrsr of s Fim~d Decrx se s or afEar the entry of ~ Final Decxee in Divorce dffied , hereby elms. to resume the priar surname of M A~ Z U R , s~ gig the writtesa notice avowing his !her intestias the provisions of 54 P.S. 'Itkt. Date: q of COMMO Tfi OF PII~IN YLVAItiIIA } Ca-~34~FFY~M ~ ~~~~~ ~ p On the ~ day of ~~ -y`-~ Z00_, before me, tt;e Pmth~otary or ~c notary public, personatiy appeared the above affiant known to me to be the parson whose name is subscribed to the within document and acknawledgod that he /she cxea~ted the faregaing €or the purpose therein c,~mEntained. In Witness Whereof, I have herelmto set my hand here°rmto set my hand avid official seal. ~~ ---_.. CARt.}g~ M11l~t~i~ ~ ~JiYI~1RY 4~ FiLEC3-U"~=~uc ~F ~ ~ ~,: ~, _~,~,~ti~~~?Y 2~~9 ~~Y -~! ~'i~~ ~~ ! u viJ~'..~.._~ ~ .. ~..ti a Q~ $ i~. ©a TTT ~~5~ ~~. ~y5~y -~ ~~ -~ s +~ ~` ~. ,jr ;,~ ,,~^ , ~ J „~ DONALD E. HOSTETTER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. N0. 07 - 4713 CIVIL STEPHANIE J. HOSTETTER, Defendant IN DIVORCE ORDER OF COURT AND NOW, this q~ ~ day of , 2009, counsel and the parties having entered into an agreement and stipulation resolving the economic issues on March 24, 2009, the date set for a conference, the agreement and stipulation having been transcribed and signed by the parties, 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 and waivers of the parties so that a final decree in divorce can be entered. cc: ~ Samuel L. Andes Attorney for Plaintiff Stephanie J. Hostetter Defendant ~:D ~'E'~S m~. ~ I s/f~,~~ ~r~ BY THE COURT, .. ~ a~ Edgar B. Bayley, P.J. >- -- ( d ~ r-' '~ ` +_- i - :~ ~~~, N ~ `'° } .~ ~ i,, ~, c° U DONALD E. HOSTETTER, Plaintiff vs. . STEPHANIE J. HOSTETTER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0. 07 - 4713 CIVIL IN DIVORCE THE MASTER: Today is Tuesday, March 24, 2009. This is the date set for a conference with counsel and the parties. Present in the hearing room are the Plaintiff, Donald E. Hostetter, and his counsel Samuel L. Andes. Also present is the Defendant, Stephanie J. Hostetter, who is not represented by counsel. Mrs. Hostetter previously had counsel but has advised that she wishes to proceed here on her own behalf. This action was commenced by the filing of a complaint in divorce on August 8, 2007, raising grounds for divorce of irretrievable breakdown of the marriage. The parties are going to sign affidavits of consent and waivers of notice of intention to request entry of divorce decree today which will allow the divorce to proceed under Section 3301(c) of the Domestic Relations Code. The Master's office will file the affidavits and waivers with the Prothonotary. The complaint also raised economic issues of equitable distribution, alimony, alimony pendente lite, and counsel fees and expenses. The Master has been advised that after negotiations this morning, the parties have reached a 1 comprehensive agreement with respect to all of the outstanding issues. The agreement is going to be placed on the record in the presence of the parties. The agreement as placed on the record will be considered the substantive agreement of the parties, not subject to any changes or modifications except for correction of typographical of 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 as stated on the record. The agreement is going to be transcribed and sent to Mr. Andes for review for typographical errors. Mr. Andes will then circulate the agreement to the parties for signature. The signature of the parties is an affirmation of the terms of the agreement that have been stated on the record. Upon receipt by the Master of a completed agreement, the Master will prepare an order vacating his appointment and Mr. Andes can then file a praecipe transmitting the record to the Court requesting a final decree in divorce. The parties were married on July 17, 1976, and separated on April 22, 2007. They are the natural parents of a son and a daughter, both of whom are emancipated. Mr. Andes. I~II2. ANDES: First of all, let me start by saying that the parties have now been here for about two 2 hours today. This is the second settlement conference. We attended a settlement conference in January, at which time Mrs. Hostetter's attorney, Michelle Sommer was present. We have exchanged a good bit of information, both today, at that settlement conference, and, in fact, before the settlement conference. The parties have negotiated this matter half to death and, I think, are both aware of the assets and liabilities, and I have to say, I commend them both, they have worked hard to, I think, get this resolved. I would point out that this settlement conference was scheduled some time ago and Michelle Sommer notified the Master and me last week that she would not be attending and that her client, Stephanie Hostetter, was prepared to proceed on her own. In light of that and all of our discussions today, we have reached an agreement and I will now set out that agreement. The parties have agreed as follows: 1. The parties will pay the marital debts or the debts otherwise arising out of their marriage as follows: a) Husband shall pay the balance owed on the personal loan from Wachovia Bank which has a principal balance at this time of approximately $400.00. We anticipate that loan will be paid off before the end of May 2009. b) Wife will pay the balance owed on the American Express credit card which has a balance of about $20,000.00 at this time; the balance owed on the Parent Plus loan for their son Gab's college expenses, which has a balance of approximately $19,000.00; and the balance owed on the son Gab's Keystone Extra college loan, on which the balance is 3 approximately $8,000.00. The parties acknowledge that all of their other debts arising out of the marriage or existing at the time of separation have been paid and satisfied. Each of the parties will make the payments of the above debts as they are due and will indemnify and save the other party harmless if they fail to make any of the payments in accordance with this paragraph. 2. Wife will retain the balance in her account within the A.R.C, Inc. defined contribution pension plan and husband will retain his IRA with Wachovia Bank. The parties have previously exchanged information about the approximate present value of those assets. 3. Each of the parties will retain the vehicles currently in their name or the proceeds of the disposition of either of those vehicles and be responsible to pay the debts which encumber the title to those vehicles and save the other party harmless and indemnify the other party for costs, loss or expense resulting from their failure to make those payments. 4. During the marriage wife incurred certain benefits within A.R.C, Inc. defined benefit pension plan which the parties estimate will pay approximately $1,857.00 per month based upon the accumulation of benefits and service that occurred up to the date of separation. The parties agree that they shall divide and distribute those benefits as follows: a) Husband shall receive 50% of the marital portion of those benefits. The marital portion will be determined using a coverture fraction in which the numerator will be the total number of months or other time units of wife's service that occurred between the date of marriage and the date of separation, and the denominator of which will be the total number of the same units of time during which wife contributed to the pension plan. b) In addition to the portion of the pension to be awarded to husband pursuant to Subparagraph A hereof, wife will designate husband as the beneficiary of the survivor's annuity available under the pension plan so that his benefit will continue at the same level after her death, in the event that she dies before him. Further, she will designate him as the beneficiary of at least 50% of the death benefit which may be payable under the pension plan should she die before retirement. 4 c) Wife will receive the balance of the benefits from the plan. d) The distribution of the benefits within the pension plan shall be accomplished by the QDRO which the parties will cause Conrad M. Siegel and Company to prepare and the parties agree that they shall share the costs of Conrad M. Siegel's preparation of that order. The QDRO shall implement all of the provision relating to the pension set forth in this paragraph. e) The parties acknowledge that the survivor's annuity election required by this paragraph is likely to reduce slightly the monthly benefit paid during the lifetime of wife and acknowledge that that will reduce both of their benefits during their lifetimes. 5. The parties have previously divided the proceeds of the sale of the former marital residence, the household furnishings and other tangible personal property and many other items of personal property. In addition to that, at the time of separation, each of the parties held small bank accounts and other assets of modest value. All of those assets have been previously divided or the parties, being aware of those assets, waive the right to have them divided now. The parties each agree to accept the terms and provisions of this agreement in full satisfaction of their rights against the other arising out of their marriage or this divorce action. 6. Wife shall pay husband alimony as follows: a) The current alimony pendente lite order entered in this case to PACES No. 228109577 will terminate upon the entry the final decree in divorce. In the event that any arrearages are owed under that order, wife shall have ninety (90) days to pay that in full. b) From the date the alimony pendente lite order is terminated until the 31st of May 2009 wife shall pay husband alimony at the rate of $764.00 per month. That amount shall be prorated for any portion of the month that occurs between the date the alimony pendente lite is terminated and the end of May 2009. c) Commencing on 1 June 2009 and continuing through the 31st of May 2013, wife shall pay alimony in the amount $578.00 per month. d) Commencing on 1 June 2013 and continuing 5 until wife retires and husband commences receipt of his portion of the benefits from the A.R.C defined benefit pension plan, wife shall pay alimony in the amount of $700.00 per month. Neither the amount or term of alimony shall be subject to modification or termination at any time except in the event that husband dies, wife dies, husband remarries or husband co-habits with another woman. The parties will implement the alimony provisions of this agreement by a Court order which shall direct the Domestic Relations Office of Cumberland County to administer the order by collecting the payments of wife and forwarding them to husband through the central collections system. The payments made pursuant to this agreement shall be treated by both parties as alimony for income tax purposes so that wife may be able to deduct those payments and husband required to include those payments in his income as required by the Internal Revenue Code. 7. 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. 8. Each of the parties hereby waives all further claims against the other and each of the parties will withdraw any economic claims which may have been raised or asserted on their behalf in this divorce action so that a divorce can be concluded, by the consent of both parties, promptly hereafter. Both parties acknowledge that they have had full and sufficient opportunity to familiarize themselves with the facts of this case and each party has had legal advice regarding their legal rights and obligations in this case. Being aware of all of that, the parties accept the terms and provisions of this agreement in full satisfaction of all of their rights and obligations arising out of their marriage 6 or this divorce action. MR. ANDES: Mr. Hostetter, you heard what I dictated? MR. HOSTETTER: Yes. MR. ANDES: Did you understand it? MR. HOSTETTER: Yes. MR. ANDES: Do you have any questions about it? MR. HOSTETTER: No. MR. ANDES: Are you satisfied to settle the issues in this case on those terms? MR. HOSTETTER: Yes. MR. ANDES: And you are doing so of your own free will? MR. HOSTETTER: Yes. MR. ANDES: After having more than ample opportunity to consult with me? MR. HOSTETTER: Yes. MS. HOSTETTER: Off the record. (Whereupon, a discussion was held off the record. Paragraph was inserted regarding alimony - Paragraph No. 6). MR. ANDES: We made some more changes; we had further discussion about the agreement. You've heard it now with the alimony provision included; is that satisfactory to 7 you? MR. HOSTETTER: Yes. MR. ANDES: And my earlier questions are, do you understand it, do you have any questions about it, and are you satisfied with it? MR. HOSTETTER: I am satisfied. MR. ANDES: And are you willing to settle the case on those terms? MR. HOSTETTER: Yes. MR. ANDES: I'll ask you the same questions. You've heard not only the agreement but the discussions we had about the agreement, do you understand it? MS. HOSTETTER: Yes. MR. ANDES: Are you satisfied that you understand it without consulting with an attorney? MS. HOSTETTER: Yes. MR. ANDES: And being aware of that, are you willing to accept the terms of that agreement to settle all the claims in this case and conclude the divorce? MS. HOSTETTER: Yes. 8 MR. ANDES: Do you have any questions that you want to raise about the agreement or about anything we did today? MS. HOSTETTER: No. 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: DATE: lJy r ue ndes _1 Donald E. Hostetter Attorney for Plaintiff 3 ~ L~ ~~~~~ Stepha ie J. ostetter 9 DONALD E. HOSTETTER, ) Plaintiff ) vs. ) STEPHANIE J. HOSTETTER, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 07-4713 IN DIVORCE MOTION FOR ENTRY OF QUALIFIED DOMESTIC RELATIONS ORDER AND NOW comes the above-named Plaintiff, by his attorney Samuel L. Andes, and moves the court to enter the attached Qualified Domestic Relations Order. The order is entered pursuant to the terms of the final Property Settlement Agreement between the parties, reached before the Divorce Master. The Defendant concurs in this Motion and the request that the order be entered. To Plaintiff's knowledge, there have not been prior orders entered by any Judges in this case. `~ ~~~ Sa L. Andes Attorney for Plaintiff Supreme Court ID# 17225 525 North 12~' Street P.O. Box 168 Lemoyne, Pa 17043 (717) 761-5361 CERTIFICATE OF SERVICE I hereby certify that I served an original of the foregoing document upon the Defendant herein by regular mail, postage prepaid, addressed as follows: Ms. Stephanie J. Hostetter 100 South Railroad Street Myerstown, Pa 17067-1344 Date: ~/ (/~~;c,~~ ~~~ Amy .Harkins Secretary for Samuel L. Andes ~" ,~ro~i~~o~ y ~~7 ~u~ 3/~~ ~~~s ~~- C'a - ~,~' DONALD E. HOSTETTER, Plaintiff vs. STEPHANIE J. HOSTETTER, Defendant IN THE COURT OF-COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CML ACTION -LAW NO. 2007-A~713 IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for Divorce: Irretrievable breakdown under Section 3301(c). 2. Date and manner of service of the Complaint: Sheriff s service ugon Defendant on or about 21 August 2007. 3. Complete either Paragraph (a) or (b): (a} Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by Plaintiff: 24 March 2009 by Defendant: 24 March 2009 (b) (1) Date of execution of the Affidavit required by Section 3301(d) of the Divorce Code: (2) Date of filing and service of the Plaintiff's Affidavit upon the Respondent: 4. Related claims pending: None 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 Plaintiff s Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: Dated 24 March 2004 and filed on 25 March 2009. Date Defendant's Waiver of Notice in Section 3301(c) Divorce was filed witl~the Prothonotary: Dated 24 March 2[109 and filed on 25 March 2009. Date: 13 July 2009 By Samuel L. Andes Attorney for Plaintiff ~aI T2 r t~~,.,r ~~~~~~I~P~ ~~~ ~' ?i~! a ,` y"" 1 h. t",` i ~ '.~ ( ~ ~'j~l ,. Donald E. Hostetter PLAINTIFF . VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL TERM - IN DIVORCE Stephanie J Hostetter DEFENDANT . NO. 07-4713 QUALIFIED DOMESTIC RELATIONS ORDER I. Recitals 1. The parties to this action have entered into a Property Settlement Agreement dated .The Court incorporated the Property Settlement Agreement into its Decree of Dissolution of Marriage dated 2. This Order creates and recognizes the existence of an Alternate Payee's right to receive a portion of the Participant's benefits payable under an employer sponsored defined benefit plan which is intended to be qualified under Internal Revenue Code of 1986 ("Code") §401(a). The Court intends this order to be a Qualified Domestic Relations Order ("QDRO") within the meaning of Code §414(p). The Court enters this QDRO pursuant to its authority under the 23 P.C.S.A. §3502. II. Statements of Fact Pursuant to Code §414(p) 3. This QDRO applies to the A.R.C., Inc. Defined Benefit Plan ("Plan"). Further, this Order shall apply to any successor plan to the Plan or any other plan(s) to which liability for provision of the Participant's benefits described below is incurred. Any benefits accrued by the Participant under a predecessor plan of the employer or any other defined benefit plan sponsored by the Participant's employer, whereby liability for benefits accrued under such predecessor plan or other defined benefit plan has been transferred to~ the Plan, shall also be subject to the terms of this Order. Any changes in Plan Administrator, Plan sponsor, or name of the Plan shall not affect Alternate's Payee's rights as stipulated under this Order. 4. Stephanie J. Hostetter ("Participant") is a participant in the Plan. Donald E. Hostetter ("Alternate Payee") is the alternate payee for purposes. of this QDRO. 5. The Participant's name, mailing address, social security number, and date of birth are: Name: Stephanie J. Hostetter Home Address: 100 South Railroad Street Myerstown, PA 17067-1344 SS#: 201-46-9033 DOB: January 13, 1955 1 .~ 6. The Alternate Payee's name, mailing address, social security number, and date of birth are: Name: Donald E. Hostetter Home Address: 344 Highland Avenue Johnstown, PA 15905 SS#: 187-38-1671 DOB: February 13, 1954 The Alternate Payee shall have the duty to notify the Plan Administrator in writing of any changes in this mailing address subsequent to the entry of this Order. 7. This Order assigns to Alternate Payee an amount equal to the actuarial equivalent of 50.0% of the Marital Portion of Participant's accrued benefit under the Plan (including any temporary or supplemental benefits that may become payable) as of the Participant's benefit commencement date, or the Alternate Payee's benefit commencement date, if earlier. For purposes of calculating Alternate Payee's benefit hereunder, the Plan Administrator is instructed to use, as applicable, the Participant's average compensation and/or benefit multiplier in effect as of the Alternate Payee's benefit commencement date. The Alternate Payee and Participant were married on July 17, 1976. The Marital Portion of Participant's Accrued Benefit shall be determined by multiplying the Participant's Accrued Benefit by a fraction, the numerator of which is the number of months of the Participant's creditable service under the Plan earned while married to the Alternate Payee (which shall be defined as 303 months), and the denominator of which is the total number of months of the Participant's creditable service under the Plan as of the earlier of the date the Participant permanently ceases to accrue benefits thereunder or the date the Alternate Payee commences to receive benefits hereunder. For this purpose, the marriage shall be treated as having terminated as of Apri122, 2007. In addition to the above, the Alternate Payee shall receive a pro rata share of any postretirement cost-of-living adjustments or other economic improvements made to the Participant's benefits on or after the date of her retirement. Such pro rata share shall be calculated in the same manner as the Alternate Payee's share of the Participant's retirement benefits is calculated pursuant to this Section 7. If there should be a legal cause by which the Participant's benefits under the Plan may be offset by the amount of a judgment or settlement that the Participant is required to pay as a result of a crime involving the Plan, nevertheless, the award in this Order to the Alternate Payee shall be based on the Participant's benefits before any such offset. Notwithstanding the language set forth in this Section 7, in the event that the Alternate Payee becomes entitled to a qualified preretirement survivor annuity under Section 9 of this Order, then the Alternate Payee's right to a share of the Participant's benefits as called for under this Section 7 shall be terminated as of the date of the Participant's death, and such preretirement death benefit shall be payable to the Alternate Payee in lieu of any other benefits to which he may be entitled under the terms of this Order. III. Time and Manner of Payment 8. The Alternate Payee may elect to commence his benefits under the Plan at any time on or after the date the Participant attains the earliest retirement age as defined 2 ' ~ •Ay Code §414(p}(4)(B). Further, in the event the Participant becomes eligible to commence benefits at an earlier date as the result of a disability retirement, the Alternate Payee shall also be entitled to commence his share of the benefits at such earlier date. Notwithstanding the above, the Alternate Payee shall commence his share of the benefits no later than the Participant's actual date of benefit commencement. The Plan Administrator is instructed to provide any required notice and election forms in a timely manner to the Alternate Payee before such date of benefit commencement. The Alternate Payee shall be entitled to receive his benefits in any form available under the terms and provisions of the Plan other than a qualified joint and survivor annuity with his current spouse as the survivor annuitant. The Alternate Payee shall execute any forms required by the Plan Administrator. The form of benefits paid to the Alternate Payee shall be based on the life expectancy of the Alternate Payee. Any actuarial adjustment that might be necessary to convert Alternate Payee's benefits to one based on the Alternate Payee's lifetime shall be borne by the Alternate Payee. Further, should any early commencement reduction be necessary in the event that the Alternate Payee commences his benefits prior to Participant's Normal Retirement Date, then such reduction shall 'be applied to Alternate Payee's benefits. The Alternate Payee shall be entitled to a pro rata share of any early retirement subsidy (including any temporary or supplemental-benefits) provided under the Plan to the Participant on the date of her retirement, and in the event the Alternate Payee has already commenced his share of the benefits on the date of the Participant retirement, then the amounts payable to the Alternate Payee shall be recalculated in accordance with the Plan Administrator's practices and the Plan's actuarial principles in order to provide the Alternate Payee with the pro rata share of such early retirement subsidy. Such pro rata share shall be calculated in the same manner as the Alternate Payee's share of the Participant's retirement benefits is calculated pursuant to Section 7 of this Order. 9. In the event the Participant predeceases the Alternate Payee, and neither the Participant nor the Alternate Payee has commenced their benefits under the Plan, the Alternate Payee shall be designated as the surviving spouse of the Participant for the purposes of establishing the Alternate Payee's entitlement to receipt of all or a portion of the preretirement survivor annuity. For purposes of detet-m~n~ng the eligibility for such surviving spouse benefit, the Alternate Payee and the Participant have satisfied the one (1)-year marriage requirement as enumerated in Code §§401(a)(11) and 417(d) and as may be required under the provisions of the Plan. This designation applies to the Marital Portion of the Participant's accrued benefit as set forth in Section 7 of this Order if the Participant dies with a subsequent surviving spouse, and it applies to the Participant's entire accrued benefit if there is no subsequent surviving spouse. The Alternate Payee shall be treated as the surviving spouse for the purposes of the preretirement survivor annuity benefits that are attributable to the Martial Portion of the Participant's accrued benefit and any subsequent spouse of the Participant shall not be treated as a surviving spouse for such purposes. In the event that the costs associated with providing this preretirement survivor annuity benefit are not fully subsidized by the Participant's employer, the Participant must make an affirmative election for such preretirement survivor annuity benefit coverage in a timely manner and in accordance with the Plan's election procedures. Further, if the Plan provides for any death benefit in excess of a qualified preretirement survivor annuity, the Alternate Payee shall be designated as the beneficiary 3 ' ~ •bvith respect to the Alternate Payee's share of the Marital Portion of the excess death benefit payable. 10. If the Alternate Payee predeceases the Participant prior to the commencement of his benefits, the Alternate Payee's portion of the Participant's benefits shall revert wholly to the Participant. 11. If the Alternate Payee predeceases the Participant after his benefit commencement date, any remaining benefits shall be paid in accordance with the form of benefit elected by the Alternate Payee. 12. In the event that the Participant's accrued benefit is limited or reduced as the result of a benefit limitation imposed under Code §415, the Alternate Payee's share of the benefits shall also be limited or reduced in the same proportion and to the same extent as the Participant's benefits. 13. On and after the date that this order is deemed to be a QDRO, but before the Alternate Payee receives his distribution under the Plan, the Alternate Payee shall be entitled to all of the rights and election privileges that are afforded to active participants. 14. All payments made pursuant to this order shall be conditioned on the certification by the Alternate Payee and the Participant to the Plan Administrator of such information as the Plan Administrator may reasonably require from such parties, including the information the Plan Administrator requires to make the necessary calculation of the benefit amounts contained herein. 15. It is the intention of the parties that this Order continue to qualify as a QDRO under Code §414(p), as it may be amended from time to time, and that the Plan Administrator shall reserve the right to reconfirm the qualified status of the order at the time benefits become payable hereunder. 16. In the event that the Plan 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 she has received such benefit payments and shall forthwith pay such amount so received directly to the Alternate Payee within ten (10) days of receipt. In the event that the Plan inadvertently pays to the Alternate Payee any benefits that are assigned to the Participant pursuant to the terms of this order, the Alternate Payee shall immediately reimburse the Participant to the extent that he has received such benefit payments and shall forthwith pay such amount so received directly to the Participant within ten (10) days of receipt. 17. The Participant shall not take any actions, affirmative or otherwise, that can circumvent the terms and provisions of this QDRO, or that could diminish or extinguish the rights and entitlements of the Alternate Payee as set forth herein. Should the Participant take any action or inaction to the detriment of the Alternate Payee, she shall be required to make sufficient payments directly to the Alternate Payee to the extent necessary to neutralize the effects of his actions or inactions and to the extent of the Alternate Payee's full entitlements hereunder. 18. In the event that the Participant's benefits, or any portion thereof, become payable to the Participant as a result of termination or partial termination, then the Alternate Payee shall be entitled to commence his benefits immediately in accordance with the terms of this QDRO and in accordance with the termination procedures of the Plan and 4 .-the Pension Benefit Guarantee Corporation ("PBGC"). Further, should the Participant's benefits be reduced as a result of such termination or partial termination, then the amounts otherwise payable to the Alternate Payee under this QDRO shall be reduced to the same extent and in the same ratio as the Participant's benefits are reduced. 19. After payment of the amount required by this QDRO, the Alternate Payee shall have no further claim against the Participant's interest in the Plan. 20. The Alternate Payee assumes sole responsibility for the tax consequences of the distribution under this QDRO. N. Recitals Pursuant to Code §414(p)(3) 21. This QDRO does not require the Plan to provide any type or form of benefit the Plan does not otherwise provide. 22. This QDRO does not require the Plan to provide increased benefits determined on the basis of actuarial value. 23. This QDRO does not require the Plan to pay any benefits which another order previously determined to be a qualified domestic relations order requires the Plan to pay to another alternate payee. V. Procedure for Processing this QDRO 24. The Plaa Administrator promptly shall notify the Participant and the Alternate Payee of the receipt of this QDRO and shall notify the Participant and the Alternate Payee of the Plan's procedures for determining the qualified status of this QDRO. The Plan Administrator shall determine the qualified status of the QDRO and shall notify the Participant and the Alternate Payee of the determination within a reasonable period of time after receipt of this QDRO. 25. The Court shall retain jurisdiction with respect to this Order to the extent required to maintain its qualified status and the original intent of the parties as stipulated herein. 5 . . ' . • ~ In the event that the Plan Administrator determines that an overpayment has been made to the Participant and/or the Alternate Payee for any reason, including but not limited to ,the Participant's retroactive eligibility for Social Security disability payments, and the parties cannot come to an agreement regarding their respective liability toward the Plan's recoupment of such overpayments, the Court shall retain jurisdiction regarding the allocation of such repayments to the Plan between the Participant and the Alternate Payee. EXECUTED this~~ay of ~ ~~~ BY THE COURT: Judge ~' CONSENT TO ORDER: Date 'Plaintiff 3c7 ~yn Date ey for the 1 'tiff ~ ~ a yo ~-- Date Date Defend t „~~If d Attorney or the Defendant 6 FiI.FC?-~a~]~=rCF CF ThiF ur ~~ i~I~?~~^iAAY 2009 d~t~G -4 Aa~3 ~~ ~ 0 ~Lrti~~Vl ~~~Fr~4 tit ~. ~JF THc ~~ ~ ~~~`7TAF?Y 2009 JUI. ltii~ CU~w°~~ ~,~-rye ;1=k1 `' ~ ~;rrj ~ s. u~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONALD E. HOSTETTER, V. STEPHANIE J. HOSTETTER, NO 07-4713 DIVORCE DECREE AND NOW, ~ , ~_, it is ordered and decreed that IR DONALD E. HOSTETTE ,plaintiff, and STEPHANIE J. HOSTETTER, ,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 Attest: ~ J rothonotary t~ ~. ~~ g,~~, 09 ~ al,~. ~ 1`*~` ~ 9` • DONALD E. HOSTETTER, Plaintiff vs. STEPHANIE J. HOSTETTER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 1 CIVIL ACTION -LAW NO. 2007-4713 IN DIVORCE STIPULATION OF THE PARTIES The undersigned hereby agree that the court shall enter the attached Order for Alimony to implement a portion of their Property Settlement Agreement reached before the Master. The parties mutually request the court to enter that order. Samuel L. Andes Attorney for Plaintiff yuG ~~~~~ Steph ie J. Ho ener ,pro se Defendant ~'~'~~ ~ ~~ ~,~ 2Q09 OCT -2 Ate I 1 ~ 22 41L~1~'~i"~' .~~.. ~" ~ ~~_,'.isrt~4~ f ..j ,~ ~ ocr u s zoos DONALD E. HOSTETTER, ) Plaintiff ) vs. ) STEPHANIE J. HOSTETTER, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 2007-4713 IN DIVORCE ALIMONY ORDER AND NOW this ~ day of , 2009, upon the stipulation of the parties, and to implement a portion of the Property Settlement Agreement between the parties, we hereby order that the Defendant Stephanie J. Hostetter (hereinafter "Wife") shall pay alimony to the Plaintiff Donald E. Hostetter (hereinafter "Husband"), as follows: 1. The current alimony pendente lite order entered in this case to PACSES No. 228109577 will terminate upon the entry of the final decree in divorce. In the event that any arrearages are owed under the order, Wife shall have ninety (90) days from the date of the final decree in divorce to pay that in full. 2. From the date the final decree in divorce is entered until the August 31, 2009 ,Wife shall pay Husband alimony at the rate of $764.00 per month. 3. Commencing on September 1, 2009 and continuing through the August 31, 2013, Wife shall pay alimony in the amount of $578.00 per month. 4. Commencing on September 1, 2013 and continuing until Wife retires and Husband commences receipt of his portion of the benefits from the A.R.C. defined benefit pension plan, Wife shall pay alimony in the amount of $700.00 per month. 5. Neither the amount or term of alimony shall be subject to modification or termination at any time except in the event that Husband dies, Wife dies, Husband remarries or Husband co-habits with another woman. 6. The payments made pursuant to this Order shall be treated by both parties as alimony for income tax purposes so that Wife may be able to deduct those payments and Husband required to include those payments in his income as required by the Internal Revenue Code. 7. The Domestic Relations Office of Cumberland County is hereby directed to administer and implement this order, by collecting the payments made by Wife and forwarding them to Husband through its usual collection and payment means. This Court will retain jurisdiction of this matter for purposes of and otherwise dealing with this Order in the future. Distribution: / Samuel L. Andes, Esquire (Attorney for Plaintiff) 525 North 12~' Street, P.O. Box 168, Lemoyne, Pa 17043 ~ Stephanie J. Hostetter, pro se (Defendant) 100 South Railroad Street, Myerstown, PA 17067-1344 1.~.0'J ~ ~E.S' lD/7/p~ ~r~ ~~1~ implementing, f~ILE~-i;t~r~C~ zaog ~~~ ~~ ~~ ~~ t o LJt7tY~~~.~ti~ t~~..`'l.~tv1 ! ~~"1i ~~YL~iru CIA In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION DONALD E. HOSTETTER ) Docket Number 07-4713 CIVIL Plaintiff ) vs. ) PACSES Case Number 228109577 STEPHANIE J. HOSTETTER ) Defendant ) Other State ID Number Order AND NOW to wit, this ocTOBER 14, 2009 it is hereby Ordered that: PURSUANT TO THE PARTIES' ALIMONY ORDER OF OCTOBER 6, 2009 AND THE DECREE IN DIVORCE OF THE AUGUST 10, 2009, THE ALIMONY PENDENTE LITE ORDER IS TERMINATED, EFFECTIVE AUGUST 10, 2009. THERE IS A CREDIT BALANCE OF $888.73 ON THE ALIMONY PENDENTE LITE ACCOUNT AND WILL BE DIRECTED TO THE ALIMONY ACCOUNT, LEAVING A BALANCE DUE OF $819.86 ON THE ALIMONY ACCOUNT. THE DEFENDANT IS TO REPORT TO THE DOMESTIC RELATIONS SECTION WITH A PAYMENT PLAN TO LIQUIDATE THE ALIMONY BALANCE OF $819.96 WITHIN FIFTEEN DAYS FROM THIS DATE. BY THE COURT: ~ ~ Cn~ JUDGE Form 0E-520 Service Type M Worker ID 21005 FILEi:~-t:~=1=i~:~ ~r ~c F~"~~~~r.,~Ji"AR`C 20Q4 OAT i ~ i~ i f ~~ _ ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of PennsyJyania Co./City/DISt.Of CUMBERLAND Date of Order/Notice 10/14/09 Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number per month in current child support per month in past-due child support per month in current medical support per month in past-due medica{ 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) 201-46-9033 Employee/Obligor's Social Security Number ALTERNATIVE REHABILITATION COM 3540101903 PO BOX 2131 Employee/Obligor's Case Identifier HARRISBURG PA 1710 5 - 2131 (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, Mq See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ o.oo $ $ o.oo o.oo $ o.oo $ 578.00 $ o.oo $ o.oo $ o.oo Arrears 12 weeks or greater? Q yes ®no one-time lump sum payment 07-4713 CIVIL O Orig i nal Order/Notice OAmended Order/Notice QTerminate Order/Notice OOne-Time Lump Sum/Notice RE:HOSTETTER, STEPHANIE J. Employee/Obligor's Name (Last, First, MI) for a total of $ 578.00 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: $ 133.38 Per weekly pay period. $ 289, oo per semimonthly pay period (twice a month) $ 2 6 6 . 7 7 per biweekly pay period (every two weeks) $ 576 . 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°l0 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 DEFEN AME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR C/AL SEC ~M!'P`~!~/A[~t /N ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. P ~ // BY THE COURT: DRO: R.J. Shadday Service Type M J OMB No.: 0970-0154 Form EN-028 Rev.5 Worker {D $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ~ If heck you are required, to provide a copy of this form to your m loyee. If yo r employee works in a state that is di~ferent from the state that issued this order, a copy must be provic~edpto your emproyee 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/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. 2512910390 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : ~ THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: D EMPLOYEE'S/OBLIGOR'S NAME:HOSTETTER, STEPHANIE J. EMPLOYEE'S CASE IDENTIFIER: 3540101903 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 hc~ ar she is employed governs. 8. Antidiscrimination: You are subject to a fine determined under State law for discharging an employee%bligorfmm 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 taw 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 tab:e 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 respell 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 (71 ~ 240-6225 or P.O. BOX 320 by FAX at (7171 240-6248 or CARLISLE PA 17013 by Internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Rev.5 Service Type M OMB N0.:0970.0154 Wprker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: HOSTETTER, STEPHANIE J.. PACSES Case Number 228109577 PACSES C;ase Number Plaintiff Name Plaintiff Name DONALD E. HOSTETTER Docket Attachment Amount Docke# Attachment Amount 07-4713 CIVIL$ 578.00 $ 0.00 Child(ren)'s Name(s): DOB 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 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 Addendum Form EN-028 Rev.5 Service Type ty OMB No.: 0970-0154 Worker t D $ iATT F11..F~.,`~~~;s~i~, 1Q09 0~ s ~ 5 ~ Z~ ~: .; r' ~ . , . INCOME WITHHOLDING FOR SUPPORT Aa? 109 57-7 0 ORIGINAL INCOME WITHHOLDING ORDERINOTICE FOR SUPPORT(IWO) C)� �_!I-- ivi & AMENDED IWO Cl 0 ONE-TIMEORDER/NOTICE FOR LUMP SUM PAYMENT 0 TERMINATION OF IWO Date: 09/02/13 171 Child Support Enforcement(CSE)Agency-' Z Court ❑ Attorney ❑ Private Individual/Entity(Check One) NOTE:This IWO must:tfdf_relgull;�Vori iis faC6.1 U"rider certain circumstances you must reject this IWO and return it to the sender(see IWO instructions hftp://www.acf.hhs.gov/grograms/cse/newhire/employer/publication/publication.htm-forms), If you receive this document from someone other than a State or Tribal CSE agency or a Court,a copy of the underlying order must be attached. StaterTeiberrerriftory Commonwealth of Pennsylvania Remittance Identifier(include w1payment): 3540101903 City/County/Dist./Tribe CUMBERLAND Order Identifier: (See Addendum for order/docket informaiton) Private Individual/Entity CSE Agency Case Identifier: (See Addendum for case summary) ALTERNATIVE REHABILITATION COM RE: HOSTETTER,STEPHANIE J. 2743 N FRONT ST Employee/Obligor's Name(Last,First,Middle) HARRISBURG PA 17110-1221 201-46-9033 Employee/Obligor's Social Security Number (See Addendum for plaintiff names associated with cases on attachment) Custodial Party/Obligee's Name(Last,First, Middle) Employer/Income Withholder's FEIN 251291039 NOTE:This IWO must be regular on its face. Under certain circumstances you must reject Child(ren)'s Name(s)(Last,First,Middle) Child(ren)'s Birth Date(s) this IWO and return it to the sender(see IWO instructions httl2://www.acf.hhs.gov/programs/cse/newhi emi)fover/publication/r)ublication.htm-forms).If you receive this document from someone other than a State or Tribal CSE agency or a Court,a copy of the underlying order must be attached. 2512910390 See Addendum for dependent names and birth dates associated with cases on aftachment. ORDER INFORMATION: This document is based on the support or withholding order from CUMkRLAN]a Count-r,- Commonwealth of Pennsylvania (State/Tribe). You are required by law to deduct these amounts r!9&_Jhe!QnpI?�q_e`/ obligor's income until further notice. C:1 Z:" $ 0.00 per month in current child support f—=: 4C- $ 0.00 per month in past-due child support- Arrears 12 weeks or greater? 0 yeV.� nZe ED $ 0.00 per month in current cash medical support $ 0.00 per month in past-due cash medical support CA $ 700.00 per month in current spousal support $ 0.00 per month in past-due spousal support $ 0.00 per month in other(must specify) for a Total Amount to Withhold of$ 700.00 per month. AMOUNTS TO WITHHOLD: You do not have to vary your pay cycle to be in compliance with the Order Information. If your pay cycle does not match the ordered payment cycle,withhold one of the following amount: $ Ito 1,54 per weekly pay period. $ 350.00 per semimonthly pay period(twice a month) $ 3,43,oT per biweekly pay period(every two weeks) $ 700,00 per monthly pay period. $ Lump Sum Payment: Do not stop any existing IWO unless you receive a termination order. REMITTANCE INFORMATION. If the employee/obligor's principal place of employment is within the Commonwealth of Pennsylvania (StatefTribe), you must begin withholding no later than the first pay period that occurs ten (10) working days after the date of this Order/Notice. Send payment within seven(7)working days of the pay date. If you cannot withhold the full amount of support for any or all orders for this employee/obligor,withhold up to 5510 of disposable income for all orders. If the employee/obligor's principal place of employment is not within the Commonwealth of Pennsylvania (State/Tribe), the employer can obtain withholding limitations, time requirements, and any allowable employer fees at http://www.acf.hhs.gov/12rograms/cse/newhire/employer/contacts/contact map. htm for the employee/obligor's principal place of employment. Document Tracking Identifier OMB No.:0970-0154 Form EN-028 06/12 Service Type M Worker ID$IATT ❑ Return to Sender[Completed by Employer/income Withholder]. Payment must be directed to an SOU in accordance with 42 USC§666(b)(5)and (b)(6)or Tribal Payee(see Payments to SDU below). If payment is not directed to an SDU/Tribal Payee or this IWO is not regular on its face, you must check this box and return the IWO to the sender. Signature of Judge/issuing Official (if required by State or Tribal law): Print Name of Judge/issuing Official: "'Albaft H, MaSIWW Title of Judge/issuing Official: Date of Signature: SEP 0 3 Z013 If the employee/obligor works in a State or for a Tribe that is different from the State or Tribe that issued this order, a copy of this IWO must be provided to the employee/oblig9r. ❑ If checked,the employer/income withholder must provide a copy of this form to the employee/obligor. ADDITIONAL INFORMATION FOR EMPLOYERS/INCOME WITHHOLDERS 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 THE PACSES MEMBER ID(shown above as the Employee/Obligor's Case Identirter)OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. State-specific contact and withholding information can be found on the Federal Employer Services website located at: http://www.aef.hhs.ciov/pr.ocirams/cse/newhire/­employer/contacts/contact map.ht Priority:Withholding for support has priority over any other legal process under State law against the same income (USC 42 §666(b)(7)). If a Federal tax levy is in effect, please notify the sender, Combining Payments: When remitting payments to an SDU or Tribal CSE agency,you may combine withheld amounts from more than one employee/obligor's income in a single payment.You must, however, separately identify each employee/ obligor's portion of the payment. Payments To SDU: You must send child support payments payable by income withholding to the appropriate SOU or to a Tribal CSE agency. If this IWO instructs you to send a payment to an entity other than an SDU(e.g., payable to the custodial party, court,or attorney), you must check the box above and return this notice to the sender. Exception: If this IWO was sent by a Court, Attorney, or Private Individual/Entity and the initial order was entered before January 1, 1994 or the order was issued by a Tribal CSE agency,you must follow the"Remit payment to"instructions on this form. Reporting the Pay Date: You must report the pay date when sending the payment.The pay date is the date on which the amount was withheld from the employee/obligor's wages.You must comply with the law of the State(or Tribal law if applicable)of the employee/obligor's principal place of employment regarding time periods within which you must implement the withholding and forward the support payments. Multiple IWOs: If there is more than one IWO against this employee/obligor and you are unable to fully honor all IWOs due to Federal, State, or Tribal withholding limits, you must honor all IWOs to the greatest extent possible, giving priority to current support before payment of any past-due support. Follow the State or Tribal law/procedure of the employee/obl'igor's principal place of employment to determine the appropriate allocation method. Lump Sum Payments: You may be required to notify a State or Tribal CSE agency of upcoming Jump sum payments to this employee/obligor such as bonuses, commissions, or severance pay. Contact the sender to determine if you are required to report and/or withhold Jump sum payments. Liability: If you have any doubts about the validity of this IWO, contact the sender. If you fail to withhold income from the employee/obligor's income as the IWO directs, you are liable for both the accumulated amount you should have withheld and any penalties set by State or Tribal law/procedure. Anti-discrimination: You are subject to a fine determined under State or Tribal law for discharging an employee/obligor from employment, refusing to employ,or taking disciplinary action against an employeelobligor because of this IWO. OMB Expiration Date—05/3112014,The OMB Expiration Date has no bearing on the termination date of the IWO;it identifies the version of the form currently in use. Form EN-028 06/12 Service Type M Page 2 of 3 Worker ID$IATT ^ � Employer's Name: ALTERNATIVE REHABILITATION COM Employe FEIN: Nam*: HOSTETTER, STEPHANIE J. 3540101903 CSE Agency Case Identifier: Order Identifier:(See Addendum for orderldocket information Withholding Limits:You may not withhold more than the lesser of: 1)the amounts allowed by the Federal Consumer Credit Protection Act(OOPA)(15U.S.C. 1873(b));or2)the amounts allowed by the State or Tribe cf the empbyoe/ob\igoro principal place of employment(see REMITTANCE INFORMATION). 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,those limits increase 596-toG596 and 65%'if the arrears are greater than 12 weeks. |f permitted by the State or Tribe,you may deduct a fee for administrative costs.The combined support amount and fee may not exceed the limit indicated in this section, For Tribal orders,you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers/income withholders who receive a State IWO,you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer/income withholder is located or the maximum amount permitted under section 303(d)of the CCPA(15 U.S.C. 1673(b)). Depending upon applicable State or Tribal law,you may need to also consider the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits, Arrears greater than 12 weeks?If the Order Information does not indicate that the arrears are greater than 12 weeks,then the Employer should calculate the COPA limit using the lower percentage. Additional Infpnnmbmn; NOTIFICATION OF EMPLOYMENT TERMINATION OR INCOME STATUS: If this employee/obligor never worked for you or you are no longer withholding income for this employee/obligor,an employer must promptly notify the CSE agency and/or the sender by returning this form to the address listed in the Contact Information below: 2512910390 0 This person has never worked for this employer nor received periodic income. 0 This person no longer works for this employer nor receives per�odic income. Please provide the following information for the employee/obligor: Termination date: Last known phone number: Last known address: Final Payment Date To SDU/Tribal Payee: Final Payment Amount: New Employer's Name: New Employer's Address: CONTACT INFORMATION: To/ |fyou have onyqueob ' on� contact (Issuer name) \ by phone et by fax ot by email orwebs{beat: Send termination/income status notice and other correspondence to: DOMESTIC RELATIONS SECTION, 13 N. HANOVER ST. P.Q BOX 320, CARLISLE, PA. 17013(Issuer address). |f the employee/obligor has questions,contact WAGE ATTACHMENT UNIT(Issuer name) by phone md . by fax at . by email nrwmbaihoat . IMPORTANT:The person completing this form is advised that the information may ba shared with the omp}nyee/obYigo,. OMB wu'nym-0`m/ Form EN-028 08/12 Service Type yW Page 3of3 Worker|D $|/TT ADDENDUM Summary of Cases on Attachment DefendanVObligor: HOSTETTER, STEPHANIE J. PACSES Case.Number 228109577 PACSES Case Number Plaintiff Name Plaintiff Name DONALD E. HOSTETTER Docke Attachment Amount Docket Attachment Amount 07-4713 CIVIL $ 700.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB PACSES,Case Number PACSES Case Number Plaintiff Name Plaintiff Name Docket Attachment Amount Doc et Attachment Amount $ 0.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB PACSES Case Number PACSES Case Number Plaintiff Name Plaintiff Name Dock t Attachment Amount Dock e Attachment Amount $ 0.00 $ 0.00 Child(ren)'s Name(s): DOS Child(ren)'s Name(s): DOB Addendum Form EN-028 06/12 Service Type M OMB No.:0970-0154 Worker ID $IATT