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Home My WebLink About07-5444JENNIFER LAFFERTY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA FRANCIS LAFFERTY, IV, CIVIL ACTION -LAW Defendant IN DIVORCE NOTICE YOU HAVE BEEN SUED 1N COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgement may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the mamage, you may request marriage counseling. A list of marriage counselors is available at: The Office of the Prothonotary, Dauphin County Courthouse, Front and Market Streets, Harrisburg, Pennsylvania 17101. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 800-990-9108 MEYERS, DESFOR, SALTZGIVER ~ BOYLE 410 NORTH SECOND STREET P.O. BOX 1062 HARRISBURG, PA 17108 (717) 236-9428 FAX (717) 236-2817 JENNIFER LAFFERTY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. p '~ ' Spy yy FRANCIS LAFFERTY, IV, CIVIL ACTION -LAW Defendant IN DIVORCE NOTICIA LE HAN DEMANDADO A LISTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presenter una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomaro medidas y puede entrar una Orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion do demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes pare usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARR AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 800-990-9108 MEYERS, DESFOR, SALTZGIVER 8 BOYLE 410 NORTH SECOND STREET P.O. BOX 1062 HARRISBURG, PA 17108 (717) 236-9428 FAX (717) 236-2817 JENNIFER LAFFERTY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. ~ ~' ~ ~~ 7 FRANCIS LAFFERTY, IV, CIVIL ACTION -LAW Defendant IN DIVORCE COMPLAINT IN DIVORCE AND NOW, comes Plaintiff, Jennifer Lafferty, by and through her attorneys, Meyers, Desfor, Saltzgiver & Boyle and files the following Complaint in Divorce and in support thereof avers as follows: 1. 2. 3. 4. 5. 6. 7. Plaintiff is Jennifer Lafferty, an adult individual who currently resides at 24 West Maplewood Avenue, Mechanicsburg, Pennsylvania. Defendant is Francis Lafferty, IV, an adult individual with a current mailing address of 3211 North Front Street, Harrisburg, Pennsylvania 17110. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. The Plaintiff and Defendant were married on June 29, 1996, in Camp Hill, Cumberland County, Pennsylvania. There have been no prior actions of divorce or annulment between the parties. The marriage is irretrievably broken. The Defendant is not a member of the United States Army or its allies. MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET P.O. BOX 1062 HARRISBURG, PA 17108 (717) 236-9428 FAX (717) 236-2817 8. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request the court require the parties to participate in counseling, being so advised, Plaintiff waives that right. 9. Plaintiff requests the Court to enter a Decree of Divorce pursuant to Section 3301(C) or 3301(D) of the Divorce Code. WHEREFORE, Plaintiff, Jennifer Lafferty, respectfully requests this Honorable Court enter a Decree in Divorce pursuant to Section 3301(C) or 3301(D) of the Divorce Code. COUNTS COUNTI INDIGNITIES 10. Pazagraphs one through nine of the Complaint are incorporated by reference as if fully set forth herein. 11. The grounds upon which this action is based are indignities pursuant to Section 3301(a)(6) of the Divorce Code. During the mamage, the Defendant has committed such indignities against the Plaintiff so as to make her life burdensome and intolerable. 12. Plaintiff requests the Court issue a Decree in Divorce based upon indignities pursuant to section 3301(a)(6) of the Divorce Code. WHEREFORE, Plaintiff, Jennifer Lafferty, respectfully requests this Honorable Court to issue a Decree in Divorce divorcing her from the bonds of matrimony pursuant to Section 3301(a)(6) of the Divorce Code. 4 MEYERS, DESFOR, SALTZGIVER 3 BOYLE 410 NORTH SECOND STREET P.O. BOX 1082 HARRISBURG, PA 17108 (717) 236-9428 FAX (717) 236-2817 COUNT II EQUITABLE DISTRIBUTION 13. Paragraphs one through twelve of the Complaint aze incorporated by reference as if fully set forth herein. 14. During the marriage, Plaintiff and Defendant have acquired various items of marital property, both real and personal, which aze subject to equitable distribution under the Divorce Code. 15. Plaintiff requests that this Honorable Court equitably distribute all marital property pursuant to the Divorce Code. WHEREFORE, Plaintiff, Jennifer Lafferty, respectfully requests this Honorable Court equitably distribute all property, both real and personal, tangible and intangible, acquired by the parties during their marriage. COUNT III ALIMONY PENDENTE LITE, SUPPORT, COUNSEL FEES. AND EXPENSES 16. Pazagraphs one through fifteen of the Complaint are incorporated by reference as if fully set forth herein. 17. By reason of this action, Plaintiff will be put to considerable expense in the preparation of this case, in the employment of counsel, and the payment of costs. 18. Plaintiff is without sufficient funds to support herself and to meet the costs and expenses of this litigation, and unable to appropriately maintain herself during the MEYERS, DESFOR, SALTZGIVER d~ BOYLE 410 NORTH SECOND STREET P.O. BOX 1062 HARRISBURG, PA 17108 (717) 236-9428 FAX (717) 236-2817 pendency of this action. 19. Plaintiffs income is not sufficient to provide for her reasonable needs and pay her attorneys' fees and the costs of this litigation. 20. Defendant has adequate earnings to provide support and alimony pendente lite to the Plaintiff and to pay his counsel fees, costs and expenses. WHEREFORE, Plaintiff, Jennifer Lafferty, respectfully requests this Honorable Court compel the Defendant to pay Plaintiff alimony pendente lite, support, counsel fees, costs and expenses of this action. COUNT IV ALIMONY 21. Paragraphs one through twenty of the Complaint are incorporated by reference as if fully set forth herein. 22. Plaintiff lacks sufficient property to provide for her reasonable needs. 23. Plaintiff is unable to sufficiently support herself through appropriate employment. 24. Defendant has sufficient income and assets to provide continuing support and to pay alimony to the Plaintiff. 6 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET P.O. BOX 1062 HARRISBURG, PA 17108 (717) 236-9428 FAX (717) 236-2817 WHEREFORE, Plaintiff, Jennifer Lafferty, respectfully requests this Honorable Court compel Defendant to pay alimony to Plaintiff. Respectfully submitted, atherine A. Boyle, Esquire Attorney I.D. 76328 Meyers, Desfor, Saltzgiver & Boyle 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 (717)236-9428 Attorney for Plaintiff 7 MEYERS, DESFOR, SALTZGIVER 6 BOYLE 410 NORTH SECOND STREET P.O. BOX 1062 HARRISBURG, PA 17108 (717) 236-9428 FAX (717) 236-2817 VERIFICATION I~ Jennifer Lafferty statements made in this verify that the Complaint in Divorce are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: 9/13/2007 MEYERS, DESFOR, SALTZ(iNER ~ BOYLE 410 NORTH SECOND STREET P.O. BOX 1062 HARRISBURG, PA 17108 (717) 236-9428 FAX (717) 236-2817 ~ / LCICL1UCt11L \Q ~ ~ ~ ~ 1 ~ ~o 1 ~l N Cam, f V oQ O W 4- p- a 0 g ~ ~ O W ~ ~ rrirY+ cn tTt ~{ m Cf) 3= -+ ^ ~ }~ CT ^C P v JENNIFER LAFFERTY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION -DIVORCE NO. 07- Syyy CIVIL TERM FRANCIS LAFFERTY, IV, IN DIVORCE Defendant PACSES CASE NO. PETITION FOR ALIMONYPENDENTE LITE. COUNSEL FEES. COSTS AND EXPENSES AND NOW, comes the Petitioner, Jennifer Lafferty, by and through her attorneys, Meyers, Desfor, Saltzgiver & Boyle, and files the following Petition for Alimony Pendente Lite, Counsel Fees and Expenses and in support thereof avers as follows: 1. Petitioner is Jennifer Lafferty, an adult individual who currently resides at 24 West Maplewood Avenue, Mechanicsburg, Pennsylvania 17055, (hereinafter known as "Wife"). 2. Respondent is Francis Lafferty, IV, an adult individual with a current mailing address of 3211 North Front Street, Harrisburg, Pennsylvania 17110 (hereinafter known as "Husband"). 3. The parties were married on June 29, 1996, at Camp Hill, Pennsylvania. 4. A Complaint in Divorce is being filed by Wife contemporaneously with this Petition. 5. By reason of this action, Wife will be put to considerable expense in the preparation of her case, in the employment of counsel and the payment of costs and expenses. 6. Wife is without sufficient funds to support herself and to meet the costs and expenses MEYERS, DESFOR, SALTZGIVER do BOYLE 410 NORTH SECOND STREET P.O. BOX 1062 HARRISBURG, PA 17108 (717) 236-9428 FAX (717) 236-2817 --. of this litigation and is unable to appropriately maintain herself during the pendency of this action. 7. Wife's income is not sufficient to provide for her reasonable needs and to pay attorney's fees and the costs of this litigation. 8. Husband has adequate earnings to provide support and alimony pendente lite for the Wife and to pay her counsel fees, costs and expenses. WHEREFORE, the Petitioner, Jennifer Lafferty, respectfully requests this Honorable Court awazd her Alimony Pendente Lite, counsel fees, costs and expenses. Respectfully submitted, Catherine A. Boyle, Esquir Attorney I.D. 76328 Meyers, Desfor, Saltzgiver & Boyle 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 (717)236-9428 Attorney for Plaintiff MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET P.O. BOX 1082 HARRISBURG, PA 17108 (717) 236-9428 FAX (717) 238-2817 ..- VERIFICATION I, Jennifer Lafferty verify that the statements made in this Petition for Alimony Pendente Lite, Couns~~: Fees, Costs and Expenses are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: 9/13/2007 MEYERS, DESFOR, SALTZaNER do BOYLE 410 NORTH SECOND STREET P.O. BOX 1062 HARRISBURG, PA 17108 (717) 23fi-9428 FAX (717) 238-2817 t ~ ~e=enaanz n ~'~ . ~r : ~ ~ ~ ~ -~~ , :. ~ ~~ CJ tom _ ~~ . O ~;, _..... ~' ~. ; ~' -Li 3 rfi C~ N a JENNIFER E. LAFFERTY, THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION -DIVORCE NO. 07-5444 CIVIL TERM FRANCIS J. LAFFERTY, IV, IN DIVORCE Defendant/Respondent PACSES CASE NO: 099109460 ORDER OF COURT AND NOW, this 18th day of September, 2007, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear befoz Amy I. Ickes on October 16.2007 at 9:00 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including 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 chdd care expenses (5) proof of medical coverage which you may have, or may have available to you If you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, Edgar B. Bayley, President Judge Copies mailed to: Petitioner Respondent Catherine A. Boyle, Esq. Date of Order: SeQtembar 18.2007 ~ j / 1 R J. S day, onference Officer tip,. 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 tit``--' "~ =~'- •~- ~~" ~ ~+ ?, G} ..-1 ~~ ~ ..- a '~-' 4 0~~5 ?ER LAFFERTY, 1N THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 07-5444 LAFFERTY, IV, CIVIL ACTION -LAW Defendant 1N DIVORCE AFFIDAVIT OF SERVICE ONWEALTH OF PENNSYLVANIA) SS: CY OF DAUPHIN ) I, hereby certify that September 13, 2007, a certified copy of the Complaint in Divorce and Petition for Alimony Lite, Counsel Fees, Costs and Expenses were personally served on the Defendant, is Lafferty, IV, at 3211 North Front Street, Harrisburg, Pennsylvania and the same was by him on September 13, 2007 at 3:12 p.m. porn to and subscribed fore me this 13~ day Sep+~ber , 2007. „~ . , ~ n ~~ oii>~t'#~6F P9dN8YLVAl!01- NOTARIAL. SEa1L G'HRISTINA L KEIM, Notary PubNc ~Y ~ '9~ ~Y MY Co1t1m1seb~1 Expif98 ~Y ~ ~ 2008 MEYERS, DESFOR, SALTZGrvER m BOYLE 410 NORTH SECOND STREET P.O. BOX 1062 HARRISBURG, PA 17108 (717) 236-9428 FAX (717) 236-2817 ~~ O ~ rr~^~,:_ ~< ~ ` ~~ ~~ ... r JENNIFER LAFFERTY, 1N THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 07-5444 FRANCIS LAFFERTY, IV, CIVIL ACTION -LAW Defendant IN DIVORCE STIPULATION AND AGREEMENT WHEREAS, Jennifer Lafferty (hereinafter "Wife") and Francis Lafferty, IV, (hereinafter "Husband") are husband and wife having been married on June 29, 1996, and are duly separated; WHEREAS, Wife filed a Complaint in Divorce in the Court of Common Pleas of Cumberland County: WHEREAS, both parties have agreed to the following: 1. Neither party shall dissipate, encumber, transfer, sell or otherwise dispose or decrease the value of any marital asset without express written consent of the other party or Order of Court. 2. Neither party shall incur debt in the other's name without express written consent of the other party. 3. All individual retirement accounts, profit sharing plans, pension accounts, deferred compensation plans, 401(k) plans and any other retirement vehicle of any kind in either party's name shall be frozen unless a written agreement between the parties or Order of Court states otherwise. 2 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET P.O. BOX 1062 HARRISBURG, PA 17108 (717) 236-9428 FAX (717) 236-2817 ,. ~ ~ i 4. Husband shall maintain Wife as the beneficiary on his retirement accounts pending a written agreement between the parties or Order of Court stating otherwise. 5. All life insurance policies in either party's name shall be maintained with the current terms and frozen pending a written agreement between the parties or Order of Court stating otherwise. 6. Husband shall maintain Wife as beneficiary on any and all life insurance policies pending a written agreement between the parties or Order of Court stating otherwise. Wife shall maintain Husband as beneficiary on any and all life insurance policies pending a written agreement between the parties or Order of Court stating otherwise. 7. All other marital accounts of any kind, whether titled jointly or in one party's name alone, including but not limited to checking, savings, brokerage and investment accounts, shall be frozen pending a written agreement between the parties or Order of Court stating otherwise. Any and all credit cards accounts in joint names shall be closed and/or frozen such that no additional debt shall be incurred on same. 9. All individual and jointly held mortgages, lines-of-credit, home equity lines and other loans or liens of all kinds incurred during the marriage in either party's name, shall be frozen such that no further charges shall be incurred, 3 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET P.O. BOX 1062 HARRISBURG, PA 17108 (717) 236-9428 FAX (717) 236-2817 -' a pending written agreement between the parties or Order of Court stating otherwise. F NCIS LA Y, IV 10. This Stipulation and Agreement shall be entered as a Court Order. _ IFER FF RTY Lil;~-~~ess: WITNESS 4 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET P.O. BOX 1062 HARRISBURG, PA 17108 (717) 236-9428 FAX (717) 236-2817 {~-.] C=-~ C_'-? ~ `7 ~ r ~. ~ "f'+ 'Y - ~ 1~,`- ~• „d^ . ~,_ t"ice, .~~, __~ ~~ -- A JENNIFER LAFFERTY, Plaintiff vs. FRANCIS LAFFERTY, IV, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 07-5444 CIVIL ACTION -LAW IN DIVORCE PETITION FOR EXCLUSIVE POSSESSION AND NOW, comes the Plaintiff, Jennifer Lafferty, by and through her attorneys, Meyers, Desfor, Saltzgiver & Boyle, and files this Petition for Exclusive Possession and in support thereof avers as follows: 1. 2. 3. 4. 5. 6. Petitioner is Jennifer Lafferty, Plaintiff in the above-referenced matter (hereinafter "Wife"). Respondent is Francis Lafferty, Defendant in the above-referenced matter (hereinafter "Husband") The parties are Husband and Wife, having been lawfully married on June 29, 1996, and separated thereafter. The parties are the parents of two minor children, namely, Francis J. Lafferty, V, date of birth October 9, 1999 and Emelia Grace Lafferty, date of birth August 4, 2004. The parties own a residence located at 24 West Maplewood Avenue, Mechanicsburg, Pennsylvania 17055. The home was originally in Wife's family and purchased by the parties during the marriage, for terms quite favorable to the parties. The parties were only able to take advantage of these terms because the home was owned by Wife's family members. MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET P.O. BOX 1062 HARRISBURG, PA 17108 (717) 236-9428 FAX (717) 236-2817 7. Wife was during the majority of the marriage and is currently a homemaker and primary care provider to the children. Wife is employed on a part-time basis, selling bath products from her home, earning approximately $5,000.00 gross per year. 8. Husband is a partner at Metzger Wickersham law firm and earns asix-figure salary plus a bonus. Husband is currently renegotiating his compensation and it is anticipated Husband will receive an increase in pay. 9. On September 8, 2007, Husband moved out of the marital residence, taking his personal belongings and returning the key and garage door opener to Wife. 10. Husband currently resides at 1205 East Caracas Avenue, Hershey, Pennsylvania 17033-1207, with a friend he has not identified. Wife believes Husband's roommate is employed as a bartender in a bar that Husband frequents. 11. Thereafter on September 24, 2007, Husband removed the remainder of his personal belongings from the residence. 12. Upon investigation, Wife has learned that Husband has engaged in marital misconduct during the marriage so as to make living together intolerable. 13. Husband has engaged in activities without Wife's consent or knowledge that were financially devastating to the family. 14. Husband's behavior is detrimental to the children. 15. Since separation, Husband has not contributed financially to the support of Wife, the children or the home. 16. Husband has abandoned the marital residence, yet refuses to relinquish exclusive 4 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET P.O. BOX 1062 HARRISBURG, PA 17106 (717) 236-9428 FAX (717) 236-2817 possession to Wife. 17. Wife believes Husband has no interest in the home, particularly since the home has been in Wife's family for some time. Wife believes Husband is merely refusing to grant her exclusive possession to harass her and to make her uncomfortable. 18. Husband could return to the residence at any time and disrupt Wife's and the children's lives. 19. Were Husband to return to the residence to live, his behavior would make Wife's and the children's day-to-day existence unbearable. 20. At this time, Wife is without the financial means to obtain any other residence for her and the children. 21. Husband, who is currently representing himself, has been advised of Wife's intention to file this Petition and contests same. 22. There is no judge currently assigned to this matter and thus, there are no rulings in this or any related matters. 5 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET P.O. BOX 1062 HARRISBURG, PA 17108 (717} 236-9428 FAX (7i7) 236-2817 WHEREFORE, Plaintiff, Jennifer Lafferty, respectfully requests this Honorable Court enter an Order granting her exclusive possession of the marital residence. Respectfully submitted, Catherine A. Boyle, Esquire Attorney I.D. 76328 Meyers, Desfor, Saltzgiver & Boyle 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 (717)236-9428 Attorney for Plaintiff 6 MEYERS, DESFOR, SALTZGIVER & 80YLE 410 NORTH SECOND STREET P.O. BOX 1062 HARRISBURG, PA 17108 (717) 236-9428 FAX (717) 236-2817 VERIFICATION I, Jennifer Lafferty verify that the statements made in this Petition for Exclusive Possession are true and correct to the best of my knowledge, information and belief. I understand that falsE statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: 10/8/2007 ( ) P in i ( ) Defendant MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET P.O. BOX 1062 HARRISBURG, PA 17108 (717) 236-9428 FAX (717) 236-2817 JENNIFER LAFFERTY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 07-5444 FRANCIS LAFFERTY, IV, CIVIL ACTION -LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE I hereby certify on this day of ~a ~ , 2007, a copy of the foregoing Plaintiff s Petition for Exclusive Possession was sent via facsimile and U.S. Mail, postage paid to: Francis Lafferty, IV, Esquire Metzger Wickersham Knauss & Erb, PC 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-1342 Respectfully submitted, atherine A. Boyle, Esquire Attorney for Plaintiff MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET P.O. BOX 1062 HARRISBURG, PA 17108 (717) 236-9428 FAX (717) 236-2817 c? ~ o .~ -, ~._ ~ ~ , _,.., . ~. --- -~ ~~ ~ "C? C J -4 r:_ ?" --~ cra ~'~- .~: JENNIFER LAFFERTY, Plaintiff vs. FRANCIS LAFFERTY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No. 07-5444 CIVIL ACTION -LAW IN DIVORCE EMERGENCY PETITION FOR SPECIAL RELIEF AS TO THE SALE OF MARITAL RESIDENCE TO PREVENT FORECLOSURE 1. Petitioner is Francis J. Lafferty, IV, the defendant in the above-captioned divorce action. 2. Respondent is Jennifer E. Lafferty, the plaintiff in the above-captioned divorce action. 3. Petitioner and respondent were married on June 29, 1996, in Camp Hill, Cumberland County, Pennsylvania. During the marriage, petitioner and respondent acquired a residence at 24 West Maplewood Avenue, Mechanicsburg, Cumberland County, Pennsylvania (the "marital residence"}, together with various items of personal property that are presently located in that residence. 4. Petitioner and respondent have been separated since September 8, 2007, when respondent forced petitioner to move out of the marital residence to live elsewhere. 5. Since separation, respondent has occupied and had constructive exclusive possession of the marital residence. 6. Respondent indicated at the support conference of October 16, 2007 that she is not ~- actively seeking employment outside of the household and as a result the parties do not have the financial resources to pay the mortgage on the residence. 7. As a result, the mortgage may go into default and maybe subject to foreclosure, which would cause a dissipation of marital assets. 8. The marital residence is a significant marital asset of the parties and, in order to protect the marital estate, the marital residence must be sold before foreclosure occurs. 9. The marital residence should be listed for sale immediately, with the parties cooperating to accomplish the sale. 10. The net proceeds of the sale should be placed in escrow pending the final equitable distribution of the assets. 11. There are various items of personal property located in the marital residence which should be divided between the parties on an interim basis without prejudice to their respective claims in the final equitable distribution of the assets. 12. Pending the interim distribution of personal property in the marital residence, petitioner requests that respondent be enjoined from removing any item of personal property from the residence. WHEREFORE, Petitioner requests that this Court enter an Order granting the Emergency Petition for Special Relief as to the Sale of Marital Residence to Prevent Foreclosure and Interim Disposition of Personal Property. /0/%~<7 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Franci 'J. Lafferty, ,Esquire Attorney I.D. No. 4009 3211 North Front Street, P.O. Box 5300 Harrisburg, PA 17110-0300 (717} 238-8187 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. F cis J. Laffe Dated: October 16, 2007 CERTIFICATE OF SERVICE I, Francis J. Lafferty, IV, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and exact copy of Emergency Petition for Special Relief with reference to the foregoing action by hand delivery, this 16`h day of October 2007 on the following: Jennifer E. Lafferty, Plaintiff c/o Catherine A. Boyle, Esquire Meyers, Desfor, Saltzgiver & Boyle 410 North Second Street Harrisburg, PA 17108 METZG~ER~i~ERSHAM, KNAUSS & ERB, P.C. Fr is J. Lafferty, ,Esquire r~a .~ ~ l ^~ ^',. ~ ` a ~yw1~/ ~ ..d_ ~f`y W ._,,.~ •~ JENNIFER LAFFERTY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No. 07-5444 vs. FRANCIS LAFFERTY, Defendant TO: Jennifer E. Lafferty, Plaintiff c/o Catherine A. Boyle, Esquire Meyers, Desfor, Saltzgiver & Boyle 410 North Second Street Harrisburg, PA 17108 CIVIL ACTION -LAW IN DIVORCE NOTICE You are hereby notified to file a written response to the enclosed New Matter and Counterclaim within twenty (20) days from service hereof or a judgment may be entered against you. Dated: October 16, 2007 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By rancis J. La y, N, Esquire Attorney I.D. No. 84009 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 METZGER, WICKERSHAM, P.C. By: Francis J. Lafferty, IV, Esquire Attorney I.D. No. 84009 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 JENNIFER LAFFERTY, Plaintiff vs. FRANCIS LAFFERTY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No. 07-5444 CIVIL ACTION -LAW IN DIVORCE DEFENDANT'S ANSWER, NEW MATTER, AND COUNTERCLAIM FOR DIVORCE 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. No answer required. 9. No answer required. 10. Paragraphs 1 through 9 hereof are incorporated herein by reference. 11. Denied. The averments of paragraph 11 are specifically denied and proof thereof is demanded. 12. No answer required. 13. Paragraphs 1 through 12 hereof are incorporated herein by reference. 14. Admitted. However, the parties have also acquired marital debt. 15. No answer required. 16. Paragraphs 1 through 15 hereof are incorporated herein by reference. 17. Denied. The averments of paragraph 17 are specifically denied and proof thereof is demanded. On the contrary, while Wife is capable of working full time, she has elected to work part time thereby limiting her income and her ability to pay for her costs and expenses. 18. Denied. The averments of paragraph 18 are specifically denied and proof thereof is demanded at trial. The response to paragraph 17 above is incorporated herein by reference. 19. Denied. The averments of paragraph 19 are specifically denied and proof thereof is demanded at trial. The response to paragraph 17 above is incorporated herein by reference. 20. Denied. The averments of paragraph 20 are specifically denied and proof thereof is demanded. On the contrary, while Wife is capable of working full time, she has elected to work part time thereby limiting her income and her ability to pay for her costs and expenses. 21. Paragraphs 1 through 20 hereof are incorporated herein by reference. 22. Denied. The averments of paragraph 22 are specifically denied and proof thereof is demanded. On the contrary, while Wife is capable of working full time, she has elected to work part time thereby limiting her income and her ability to pay for her costs and expenses. 23. Denied. The averments of paragraph 23 are specifically denied and proof thereof is demanded. On the contrary, while Wife is capable of working full time, she has elected to work part time thereby limiting her income and her ability to pay for her costs and expenses. 24 Denied. The averments of paragraph 24 are specifically denied and proof thereof is demanded. On the contrary, while Wife is capable of working full time, she has elected to work part time thereby limiting her income and her ability to pay for her costs and expenses. NEW MATTER AND COUNTERCLAIM FOR DIVORCE 25. The averments of paragraphs 1 through 24 of Plaintiff's Complaint and Defendant's Answer thereto are incorporated herein by reference. 21. The marriage is irretrievably broken. 22. Defendant has been advised that counseling is available and that Defendant may have the right to request that the Court require the parties to participate in counseling, Defendant waives that right. 23. Defendant requests the Court to enter a Decree of Divorce pursuant to 23 Pa. C.S. §3301(c) or 23 Pa. C.S. §3301(d). 24. During the marriage the parties acquired property and debts and it is requested that the Court equitably divide and distribute said property and debts. WHEREFORE, Defendant respectfully requests that this Court grant the relief set forth herein. Respectfully submitted, METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By F ancis J. Laf rty, N, Esquire Attorney I.D. No. 84009 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 Dated: October 16, 2007 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Fr cis J. Laffert Dated: October 16, 2007 CERTIFICATE OF SERVICE I, Francis J. Lafferty, IV, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and exact copy of the Defendant's Answer, New Matter, and Counterclaim for Divorce with reference to the foregoing action by hand delivery, this 16th day of October 2007, on the following: Jennifer E. Lafferty, Plaintiff c/o Catherine A. Boyle, Esquire Meyers, Desfor, Saltzgiver & Boyle 410 North Second Street Harrisburg, PA 17108 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. C'> ~ ~ -n ~,y. ~ .-~ -'~ ~.~ ~~ .. r~ .\ t ar.s~~ JENNIFER LAFFERTY, IN THE COURT OF CO1wIMON PLEAS Plaintiff CUMBERLAND COUN~'Y, PENNSYLVANIA vs. No. 07-5444 FRANCIS LAFFERTY, IV, CIVIL ACTION -LAW II Defendant IN DIVORCE ORDER OF COURT AND NOW, this rG ~ day of 0~-a~„~ , 2007, it islhereby ORDERED that the attached Stipulation and Agreement is hereby adopted as an Order of Court as set forth in full. BY THE COURT: ~I /I /~~° ~o/ MEYERS, DESFOR, SALTZGIVER & BOYLE 4i0 NORTH SECOND STREET P.O. BOX 1062 HARRISBURG, PA 17U08 (717) 236-9428 FAX (717) 236-2817 ~ -~ it lf4\/~ Y_,..^... lJ ~ ~ ~ ~i 4 ~ ~~~ 4~U~/ ~~i~? 'i:~-C'~ri~~ JENNIFER LAFFERTY, Plaintiff vs. FRANCIS LAFFERTY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 07-5444 IN DIVORCE IN RE: PETITION FOR EMERGENCY INJUNCTIVE RELIEF RULE TO SHOW CAUSE AND NOW, this rg ` day of Q~,h,~Q-- , 2007, upon consideration of the foregoing petition, it is hereby ordered and decreed as follows: 1. A rule is issued upon the plaintiff to show cause why the petitioner is not entitled to the relief requested; 2. the respondent shall file an answer to the petition within twenty (20) days of service; 3. the petition shall be decided under Pa. R.C.P. No. 206.7; 4. depositions shall be completed within forty-five (45) days of this date; 5. argument shall be held on Thursday, January 3, 2008, at 1:30 p.m. in Courtroom Number 4 of the Cumberland County Courthouse, Carlisle, PA; and 6. notice of the entry of this order shall be provided to alI parties by the petitioner. BY THE COURT, --~ i Hess, J. ;` n~ i pp :3t .: 4111 -_/1~i~'4i V...14j l~~~ ~`''~`~'r`i :,?~, xt~~r'1t'~ tit ' f Y{ !L1 ~~~ ~ ~ ~ ~.~~ Z~~z ~~~f~.Gi~.{.~~i~~ 3H1 ~0 3~'~~~~~li~ .~ , OCi 112007 JENNIFER LAFFERTY, IN THE COURT OF COMMON PLEAS ~ Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 07-5444 FRANCIS LAFFERTY, N, CIVIL ACTION -LAW Defendant IN DIVORCE RULE TO SHOW CAUSE AND NOW, this j~~day of ~ , 2007, a RULE is issued upon the Defendant, Francis Lafferty, IV, to show cause why the within Petition for Exclusive ~ Possession should not be granted. Ve Said Rule returnable at hearing on the o~c ~.~ day of , 2007 at / 30 a.m. o'clock in Courtroom No. _~. BY THE COURT: J. MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET P.O. BOX 1062 HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 ~ }> ~~ ~~ ~~ $1 1~t~ ~O~Z A~'`~1~~~~;1~'~d ~N.L ~~ JENNIFER LAFFERTY, Plaintiff vs. FRANCIS LAFFERTY, IV, Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 07-5444 CIVIL ACTION -LAW IN DIVORCE CERTIFICATE OF SERVICE I hereby certify on this day of a~! , 2007, that the foregoing Request for Production of Documents was sent via facsimile and first-class mail, postage pre- paid to: Francis Lafferty, IV, Esquire Metzger Wickersham Knauss & Erb, PC 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-1342 r Catherine A. Boyle, Esq ' e Attorney for Plaintiff 10 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET P.O. BOX 1062 HARRISBURG, PA 17108 (717) 236-9428 FAX (717) 236-2817 U -n t :~a ~ - ~ ~ 3~ N ~? ~`') Y' ` '~ _'~~ t ~ "gyp ..~g+ ,~ T JENNIFER LAFFERTY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 07-5444 FRANCIS LAFFERTY, IV, CIVIL ACTION -LAW Defendant IN DIVORCE PLAINTIFF'S ANSWER TO DEFENDANT'S EMERGENCY PETITION FOR SPECIAL RELIEF AS TO THE SALE OF MARITAL RESIDENCE TO PREVENT FORECLOSURE AND NOW, comes Plaintiff, Jennifer Lafferty, by and through her attorneys, Meyers, Desfor, Saltzgiver & Boyle, and files Plaintiff's Answer to Defendant's Emergency Petition for Special Relief as to the Sale of Marital Residence to Prevent Foreclosure and avers as follows: 1. Admitted. By way of further answer, Petitioner, Francis J. Lafferty, IV, (hereinafter referred to as "Husband") currently resides at 1205 East Caracas Avenue, Hershey, Pennsylvania 17033, with at least two roommates that he has refused to identify. Notably, Husband, a shareholder with Metzger Wickersham, and who is representing himself, failed to follow Cumberland County Local Rule 205.3 (a), prior to filing this Petition. 2. Admitted. By way of reference, Respondent, Jennifer Lafferty, will be hereinafter referred to as "Wife". 3. Admitted. By way of further answer, the home was purchased from Wife's stepfather and has been in Wife's family for many years. The parties were able to afford the 2 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET P.O. BOX 1062 HARRISBURG, PA 17108 (717) 236-9428 FAX (717) 236-2817 purchase of the home because of the favorable deal available through Wife's family. Specifically, the parties purchased the residence for a price lower than the appraised value of the home. This lower purchase price allowed the parties to take a home equity loan against the residence and use the funds to pay various debts incurred by Husband without Wife's knowledge or consent. 4. Admitted in part. Denied in part. It is admitted that the parties separated in September 2007. It is denied that Wife forced Husband out of the house. Husband voluntarily abandoned the marital residence, leaving Wife and the parties' two minor children residing in the residence. 5. Admitted in part. Denied in part. Wife and the parties' two minor children have continued to reside in the former marital residence since September 2007. There is no legal concept of "constructive exclusive possession." However, because Husband has effectively abandoned the residence and refused to make any financial contribution to the mortgages or its upkeep, Wife has filed a Petition for Exclusive Possession of the residence. A hearing on Wife's Petition is scheduled for November 21, 2007. Since that time, Husband has threatened to return to the residence simply to disrupt Wife's and the children's day-to-day lives. 6. Admitted in part. Denied in part. It is admitted that Wife, a stay at home mother for the last eight years, is not actively seeking employment outside of the home. The parties made a conscious decision at the time of the birth of their oldest child, that Wife would no longer work full-time outside of the residence. Both minor children 3 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET P.O. BOX 1062 HARRISBURG, PA 17108 (717) 236-9428 FAX (717) 236-2817 reside primarily with Wife and the parties' youngest child is only three years of age. It is denied that the parties do not have the financial resources to pay the mortgages on the residence. Husband is currently employed as a shareholder with Metzger Wickersham making a six figure salary plus a bonus plus the payment of various perquisites. Although Husband declined to pay any support for Wife and the parties' two minor children since September 2007, Wife is due a significant sum of both spousal and child support, including a mortgage contribution from Husband. 7. Denied. By way of further answer, Husband seems to be arguing that some situation may occur in the future that simply has not occurred in the present. 'The mortgages remain in joint names and Husband is free to examine the status of these of mortgages at any time. Husband was aware at the time of the filing of this Petition that neither mortgage was in default and is currently paid to date. Notably, at the date of separation, Wife discovered that one payment in May 2007, was actually unpaid by Husband. Wife has not only paid this missed May 2007 mortgage payment, but has also paid all mortgage payments due since separation. 8. Denied. This averment contains a prayer for relief to which no answer is required. By way of further answer, because of the two outstanding mortgages Wife does not believe that the marital residence has any equity at all. Further, Wife has made all mortgage payments on the residence since separation. Further, were the residence to sold, Wife and the parties' two minor children would have no place to live. 9. This averment contains a prayer for relief for which no answer is required. 4 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET P.O. 80X 1062 • HARRISBURG, PA 17108 (717) 236-9428 FAX (717) 236-2817 vv 10. This averment contains a prayer for relief for which no answer is required. 11. This averment contains a prayer for relief for which no answer is required. 12. This averment contains a prayer for relief for which no answer is required. WHEREFORE, Respondent, Jennifer Lafferty, requests this Honorable Court deny Petitioner's Emergency Petition for Special Relief as to the Sale of Marital Residence to Prevent Foreclosure. Respectfully submitted, Attorney I.D. 76328 Meyers, Desfor, Saltzgiver & Boyle 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 (717)236-9428 Attorney for Respondent/Plaintiff Catherine A. Boyle, Esquir 5 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET P.O. BOX 1062 HARRISBURG, PA 17108 (717) 236-9428 FAX (717) 236-2817 VERIFICATION I~ Jennifer Lafferty verify that the statements made in this Plaintiff's Answer to Defendant's Emergency Petition for Specia Relief as~to the Sale of Marital are true and correct to the best Residence to Prevent Foreclosure of my knowledge, information and belief. I understand that fa1sE statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: 10/23/2007 X P int' f ( ) Defendant MEYERS, DESFOR, SALTZGIVER d~ BOYLE 410 NORTH SECOND STREET P.O. BOX 1062 HARRISBURG, PA 17108 (717) 236-9428 FAX (717) 236-2817 JENNIFER LAFFERTY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 07-5444 FRANCIS LAFFERTY, IV, CIVIL ACTION -LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE I hereby certify on thisday of ~;/~~o ~d4~, 2007, a copy of the foregoing Plaintiff's Answer to Defendant's Emergency Petition for Special Relief as to the Sale of Marital Residence to Prevent Foreclosure was sent via facsimile and U.S. Mail, postage paid to: Francis Lafferty, IV, Esquire Metzger Wickersham Knauss & Erb, PC 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-1342 Respectfully submitted, ~~ Catherine A. Boyle, Esq Attorney for Responden laintiff MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET P.O. BOX 1062 HARRISBURG, PA 17108 (717) 236-9428 FAX (717) 236-2817 N c~ ~ ~,_ ~ ' 't`4 ~ ; ; t ' . ~ ~ ~... t i~~ - -r;. f 1 ; `_ .. ~~ J s~,, .. ;~ ~"~`" .. ~ ,~. ~?~ } J ~""~ . ' ~~ . ~ JENNIFER LAFFERTY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 07-5444 FRANCIS LAFFERTY, IV, CIVIL ACTION -LAW Defendant IN DIVORCE PLAINTIFF'S RESPONSE TO DEFENDANT'S NEW MATTER AND COUNTERCLAIM AND NOW, comes Plaintiff, Jennifer Lafferty, by and through her attorneys, Meyers, Desfor, Saltzgiver & Boyle, and files Plaintiff s Response to Defendant's New Matter and Counterclaim and avers as follows: 1-24. The averments contained in paragraphs one through twenty-four of Plaintiff s Complaint in Divorce are incorporated herein as if set forth in full. 25. No answer required. 26. (Please note that this paragraph is incorrectly numbered as paragraph 21 in Defendant's New Matter and Counter Claim.) This averment contains a conclusion of law to which no answer is required. 27. (Please note that this paragraph is incorrectly numbered as paragraph 22 in Defendant's New Matter and Counter Claim.) Plaintiff has no knowledge as to what Defendant has been advised and therefore no answer is required. 28. (Please note that this paragraph is incorrectly numbered as paragraph 23 in Defendant's New Matter and Counter Claim.) This averment contains prayer for relief 2 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET P.O. BOX 1062 HARRISBURG, PA 17108 (717) 236-9428 FAX (717) 236-2817 for which no answer is required. 29. (Please note that this paragraph is incorrectly numbered as paragraph 24 in Defendant's New Matter and Counter Claim.) This averment contains a prayer for relief for which no answer is required. WHEREFORE, Plaintiff, Jennifer Lafferty, respectfully submits her Answer to Defendants New Matter and Counterclaim for Divorce. Respectfully submitted, atherine A. Boyle, Esqu~ Attorney I.D. 76328 Meyers, Desfor, Saltzgiver & Boyle 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 (717)236-9428 Attorney for Plaintiff MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET P.O. BOX 1062 HARRISBURG, PA 17108 (717) 236-9428 FAX (717) 236-2817 . , VERIFICATION I, Jennifer Laffert statements made in this New Matter and Counterclaim are true and correct to the best of my knowledge, information and belief. I understand that falsE statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: 10/23/2007 verify that the Plaintiff's Response to Defendant's Pl nti ( ) Defendant MEYERS, DESFOR, SALTZGIVER do BOYLE 410 NORTH SECOND STREET P.O. BOX 1062 HARRISBURG, PA 17108 (717) 236-9428 FAX (717) 236-2817 .~ JENNIFER LAFFERTY, 1N THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 07-5444 FRANCIS LAFFERTY, IV, CIVIL ACTION -LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE I hereby certify on this ~~ day of V cT~~l, 2007, a copy of the foregoing Plaintiff s Response to Defendant's New Matter and Counterclaim was sent via facsimile and U.S. Mail, postage paid to: Francis Lafferty, IV, Esquire Metzger Wickersham Knauss & Erb, PC 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-1342 Respectfully submitted, (~~ Catherine A. Boyle, Esqu' Attorney for Plaintiff MEYERS, DESFOR, SALTZGIVER & BQYLE 410 NORTH SECOND STREET P.O. BOX 1062 HARRISBURG, PA 17108 (717) 236-9428 FAX (717) 236-2817 ~ ~ rv C~ c~~ Q . -_., ~ ,~"` ,_ ~ ~ ~~ r- Ti ~~.~ ..- ~ ~ -- ~~ --~ r1 ~ .7 ~ { JENNIFER E. LAFFERTY, Plaintiff/Petitioner VS. FRANCIS J. LAFFERTY, IV, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -DIVORCE NO. 07-5444 CIVIL TERM IN DIVORCE PACSES Case No: 099109460 ORDER OF COURT AND NOW to wit, this 5th day of November 2007, it is hereby Ordered that the Alimony Pendente Lite Petition is dismissed, without prejudice, pursuant to an Order of Spousal Support being established under PACSE #467109451 and docketed at 00755 S 2007. DRO: R.J. Shadday xc: Petitioner Respondent Catherine A. Boyle, Esq. Form 0E-001 Service Type: M Worker: 21005 BY THE COURT: C`? ` ` 7 AJ C~: ~a a 1 --1 ,"`'~ - .~ t i~ ~~, --, r_~ ~ 1 ~..... '+~. ~ ' ~»~. i. s ;-:; ~~ i c - r e;? .. _ f ~ ;~ry~- .AJ '" Praecipe to Enter Appearance Prepared By: Diane G. Radcliff, Esquire 3448 Trindle Road, Camp Hill, PA 17011 Supreme Court ID # 32112 Phone: 717-737-0100 • Fax: 717-975-0697 • Email: dianeradcliff C~comcast.net Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER LAFFERTY, Plaintiff N0. 07-5444 V, CIVIL ACTION -LAW FRANCIS LAFFERTY, IV, IN DIVORCE Defendant PRAECIPE TO ENTER APPEARANCE To the Prothonotary: Please enter the appearance of Diane G. Radcliff, Esquire, Supreme Court ID No. 32112, on behalf of the Plaintiff, Jennnifer Lafferty. Papers may be served at the address set forth below: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 1701 i J \ ~ADCLIFF, ESQUIRE Date: November 9, 2007 _..: ~ m ~ r r ,~ ~~" ~ .~. W ~~q ~ ~ -~ ~ ~ ~'~''# py Praecipe to Withdraw Appearance Prepared By: Diane G. Radcliff, Esquire 3448 Trindle Road, Camp Hill, PA 17011 Supreme Court ID # 32112 Phone: 717-737-0100 • Fax: 717-975-0697 • Email: dianeradcliff C~comcast.net Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER LAFFERTY, , Plaintiff N0. 67-5444 V. CIVIL ACTION -LAW FRANCIS LAFFERTY, IV, IN DIVORCE Defendant _ To the Prothonotary: PRAECIPE TO WITHDRAW APPEARANCE Please withdraw the appearance of Catherine A. Boyle, Esquire, and the law firm of Meyers, Desfor, Saltzgiver Et Boyle, as Attorneys for Plaintiff, Jennifer Lafferty, the said Plaintiff now being represented by Diane G. Radcliff, Esquire, who previously entered her appearance of record in this case. C2 , Catherine A. Boyle, Esq re Meyers, Desfor, Saltzgiver St Boyle Date: ~~ ~ia ~a ~ ~.: E~ t" ^" o p r ° 'Y7 ~~ "'t. ~ r~: c~a ~ €~ . -~ r- ~ .~" ~ w c~'-r' .~~ o cis ~ r •.1 JENNIFER LAFFERTY, Plaintiff v. FRANCIS LAFFERTY, IV, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07-5444 CIVIL ACTION -LAW IN DIVORCE REVISED STIPULATION AND AGREEMENT WHEREAS, Jennifer Lafferty (hereinafter "Wife"} and Francis Lafferty, IV, {hereinafter "Husband") are husband and wife having been married on June 29, 2996, and are dully separated: WHEREAS, Wife filed a Complaint in Divorce in the Court of Common Pleas of Cumberland County. WHEREAS, an Order of Court dated October 16, 2007 was entered adopting the parties' Stipulation and Agreement. WHEREAS, the parties desire to amend the Stipulation and Agreement and aforesaid October 16, 2007 Order of Court as hereinafter set forth. NOW, THEREFORE, in consideration of the premises and mutual promises herein contained, the parties do hereby stipulate and agree as follows: 1. Neither party shall dissipate, encumber, transfer, sell or otherwise dispose or decrease the value of any marital asset without express written consent of the other party or Order of Court. 2. Neither party shall remove any item of marital property having a value of $100.00 or more from the marital residence located at 24 W. Maplewood Avenue, Mechanicsburg, Pennsylvania, without the express written consent of the other party or Order of Court. 3. Neither party shall incur debt in the other's name without the express written consent of the other party. 4. All individual retirement accounts, profit sharing plans, pension accounts, deferred compensation plans, 401(k} plans and any other retirement . ,.. vehicle of any kind in either party's name shall be frozen unless a written agreement between the parties or Order of Court states otherwise. 5. Husband shall maintain Wife as the beneficiary on his retirement accounts pending a written agreement between the parties or Order of Court stating otherwise. 6. All life insurance policies in either party's name shall be maintained with the current terms and frozen pending a written agreement between the parties or Order of Court stating otherwise. 7. Husband shall maintain Wife as beneficiary on any and all life insurance policies pending a written agreement between the parties or Order of Court stating otherwise. Wife shall maintain Husband as beneficiary on any and all [ife insurance policies pending a written agreement between the parties or Order of Court stating otherwise. 8. All other marital accounts of any kind, whether titled jointly or in one party's name alone, including but not limited to checking, savings, brokerage and investment accounts, shall be frozen pending a written agreement between the parties or Order of Court stating otherwise. 9. Any and all credit card accounts in joint names shall be closed and/or frozen such that no additional debt shall be incurred on same. 10. All individual and jointly held mortgages, lines-of-credit, home equity lines and other loans or liens of any kind incurred during the marriage in either party's name, shall be frozen such that no further charges shall be incurred, pending a written agreement between the parties or Order of Court stating otherwise. 11. This Revised Stipulation and Agreement shall be entered as an Order of Court. Witness c-~ ^~ ~_£ ~ D ~' --i _ ~ ~ ..~ - r._ ~~ N m r= C~ `. 1 , ; :~ ti`: '-~ -~-- - *~ - JENNIFER LAFFERTY, Plaintiff v. FRANCIS LAFFERTY, IV, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07-5444 CIVIL ACTION -LAW IN DIVORCE STIPULATION FOR CONTINUANCE AND NOW, this ?~~day of ~ 6 ~,~~. ~,., 2007, come the Plaintiff, Jennifer Lafferty, by her Attorney, Diane G. Radcliff, Esquire and the Defendant, Francis Lafferty, IV who stipulate and agree that the following matters are continued generally, to be rescheduled upon the request of either party: 1. Petition for Exclusive Possession scheduled for hearing on November 21, 2007 at 1:30 p.m. before the Honorable Kevin A. Hess. 2. Emergency Petition for Special Relief as to the Sate of Marital Residence. to Prevent Foreclosure scheduled for hearing on January 3, 2008 at 1:30 p. m. before the Honorable Kevin A. Hess. 3. The Court is authorized to enter an order in accordance with the terms of this Stipulation. WITNESS: e LIFF, ESQUIRE, or Jennifer Lafferty, Plaintiff ;~ ~ k (SEAL) DATE: I q Q ~ iv C '_' c`~~ C7 :~ -..r ~,,;.. ~ J~; 1~ Cr . ~~ t...._ r~~ -;1 .° ``> ~ ~„ ~"' j_ ~~ ~~~ JENNIFER LAFFERTY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v• No. 07-5444 FRANCIS LAFFERTY, IV, CIVIL ACTION -LAW Defendant IN DIVORCE ORDER OF COURT AND NOW, this 3o r day of ~Clv..c,....c,~• , 2007, it is hereby ORDERED that the attached Revised Stipulation and Agreement is hereby adopted as an Order of Court as set forth in full. BY THE COURT: ~~ J. Distribution to: endant: Pro Se nc~s Lafferty, IV, Esquire Metzger Wickersham Knauss Ft Erb, PC 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-1342 Atto y for Plaintiff: D' a G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 dianeradcliffC~comcast. net Phone: (717) 737-0100 Fax: 717-975-0697 i ;, i Y'~' ~'- f, 'Rein ,ss }~} ~,..:.:~ ~r„ ,, ~ , r.. JENNIFER LAFFERTY, Plaintiff v. FRANCIS LAFFERTY, IV, Defendant AND NOW, this ~'~ day of ~Y $ e ~o~' r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07-5444 CIVIL ACTION -LAW IN DIVORCE ORDER ~ ~~ , 2007, upon consideration of the within Stipulation, IT IS HEREBY ORDERED that the hearing scheduled on November 21, 2007 at 1:30 p.m. on the Plaintiff's Petition for Exclusive Possession and the argument scheduled on January 3, 2008 at 1:30 p. m. on the Defendant's Emergency Petition for Special Relief as to the Sale of Marital Residence to Prevent Foreclosure are continued generally, to be rescheduled at the request of either party. BY THE COURT: ', Ke ~n A. Hess, Judge Distribution: Attorney for aintiff lane G. Radcliff, Esquire, 3448 Trindle Road, Camp Hill, PA 17011 Defenda t: rancis Lafferty, IV, Metzger Wickcrsham, P.O. Box 5300, Harrisburg, PA 17110 J F ^'. ~~ ~~ .r Li .. ~}~ , l ,w~ f~~ e + . ~ ~ .. ..> > 4 .k wr S ""j,~..-ems ..~ l i, "~t ~~.., w 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Jennifer Lafferty, Plaintiff, certifies that: 1. A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, 2. A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, 3. No objection to the subpoena has been received, and 4. The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena except for the change of the attorney for the Plaintiff from Catherine A. Boyle, Esquire to Diane G. Radcliff, Esquire. JENNIFER LAFFERTY, Plaintiff N0. 07-5444 CIVIL ACTION -LAW IN DIVORCE V. FRANCIS LAFFERTY, IV, Defendant Date: ~ 1 ~0~ Camp Hill, PA 17011 (717) 737-0100 I.D. No. 32112 Attorney for Plaintiff . -* JENNIFER LAFFERTY, Plaintiff vs. FRANCIS LAFFERTY, IV, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 07-5444 CIVIL ACTION -LAW IN DIVORCE NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Francis Lafferty, N, Esquire Metzger Wickersham Knauss & Erb, P.C. 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-1342 Jennifer Lafferty, the Plaintiff in the above-captioned matter, intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. MEYERS, DESFOR, SALTZGIVER & BOYLE Date: /d / 9 0 ~ By: ~ ~ Catherine A. Boyle, Esquire Attorney I.D. No. 76328 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 (717)236-9428 Attorney for the Plaintiff MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET P.O. BOX 1062 HARRISBURG, PA 17108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER LAFFERTY, Plaintiff V. FRANCIS LAFFERTY, IV, Defendant N0. 07-5444 CIVIL ACTION -LAW IN DIVORCE SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.26 T0: AT £t T WIRELESS Within twenty (20) days after service of this subpoena, you are ordered by the Court to produce the following documents or things: Content of any and all text messages sent and received by Frances Lafferty including but not limited to written messages, photographs, videos, etc., for the time period January 1, 2006 to the present, at the law office of Diane G. Radcliff, Esquire, 3448 Trindle Road, Camp Hill, Pennsylvania 17011. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the Certificate of Compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a Court Order compelling you to comply with it. This subpoena was issued at the request of the following person: DIANE G. RADCLIFF, ESQUIRE 3448 Trindle Road, Camp Hill, PA 17011 PHONE: (717) 737-0100 I . D. No. 32112 Attorney for Plaintiff Date:.~2~~ 3~ .~C~~ RULE 4009.26 BY THE COURT: ~~ ! ~ ~ 1.41-Gq ~ '~l 1-~--p Prothonotary, Civil Division ~~- Deputy ~ -r1 ~ ...,i -. ~ S~ -`~ ~ ~ :~w ~ 4~Fr~ . ' ~:~A ...~- ~-~ ~ ~ :~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER LAFFERTY, Plaintiff NO. 07-5444 V. FRANCIS LAFFERTY, IV, Defendant CIVIL ACTION LAW IN DIVORCE PRAECIPE FOR WITHDRAWAL AND ENTER OF APPEARANCE To the Prothonotary: Please withdrawal my appearance on behalf of Jennifer Lafferty in the above captioned matter. Date: October 2, 2009 iane .Radcliff, Esquire . .32112 3448 Trindle Road Camp Hill, PA 17011 (717) 737-0100 Phase enter by appearance on behalf of Jennifer Lafferty in the above captioned matter. Date: October 2, 2009 T Micha A. cherer, Esquire 19 West South Street Carlisle, PA 17013 (717) 249-6873 FIi~L?~:rrlC~ OF ~E , ~ ~"~?p?AMY 209 OCT _g PH 1 ~ Q8 C~P~r.s:.:.; .~:~~~ ~Y JENNIFER LAFFERTY, Plaintiff v. FRANCIS LAFFERTY, IV, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-5444 IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Plaintiff, Jennifer Lafferty, moves the court to appoint a master with respect to the following claims: (x) Divorce (x) Distribution of Property () Annulment (x) Support (x) Alimony (x) Counsel Fees (x) Alimony Pendente Lite (x) Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims for which the appointment of a master is requested. (2) The Defendant, Francis Lafferty, IV is represented by in this matter by Francis Lafferty, IV, Esquire. (3) The statutory grounds for divorce are: 3301(c) (4) The action is contested with respect to the following claims: divorce, equitable distribution, support, alimony, counsel fees, alimony pendente lite and counsel fees and expenses. (5) The action does involve complex issues of law or fact. (6) The hearing is expected to take one (1) day. (7) Additional information, if any relevant to the motion: not applicable DATE: Z ~' ~ Mi hae A. Sc erer, Esquire ORDER APPOINTING MASTER AND NOW, this day of , 2009, E. Robert Elicker, III, Esquire is appointed master with respect to the following claims: divorce and equitable distribution. BY THE COURT, J. C.1 ~ ~; , ~_ _ _ _ ~ ,r, ::~ ~:''•1 ~, Ir., i" s.~ DEC 0 4 200 JENNIFER LAFFERTY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2007-5444 FRANCIS LAFFERTY, IV, IN DIVORCE Defendant MOTION FOR APPOINTMENT OF MASTER Plaintiff, Jennifer Lafferty, moves the court to appoint a master with respect to the following claims: (x) Divorce (x) Distribution of Property () Annulment (x) Support (x) Alimony (x) Counsel Fees (x) Alimony Pendente Lite (x) Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims for which the appointment of a master is requested. (2) The Defendant, Francis Lafferty, IV is represented by in this matter by Francis Lafferty, IV, Esquire. (3) The statutory grounds for divorce are: 3301(c) (4) The action is contested with respect to the following claims: divorce, equitable distribution, support, alimony, counsel fees, alimony pendente cite and counsel fees and expenses. (5) The action does involve complex issues of law or fact. (6) The hearing is expected to take one (1) day. (7) Additional information, if any relevant to the motion: not applicable DATE: Z ~' Mi hae A. Sc erer, Esquire ORDER APPOINTING MASTER AND NOW, this ~~ day of /t~~2,e~.~,c~ , 2009, E. Robert Elicker, III, Esquire is appointed master with respect to the following claims: divorce and equitable distribution. BY T COU ,. ~ G J. ,~ ~~~~~~~, ~ ~; i~~u~ ~~"Y~ ~ ~ ~~~. ~ ~ :MC ' ZOQ9 D` C -'-~ F '`f 4, ~ ~ ~,~:-~, !~ f "T~O ~ - t ~.S rn~t ==L:: ~, JENNIFER LAFFERTY Plaintiff v. FRANCIS LAFFERTY, IV, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA N O. 07-5444 CIVIL ACTION -LAW IN DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Debra D. Cantor and McNees Wallace & Nurick LLC on behalf of the Defendant, Francis Lafferty, IV, in the above-captioned action. McNEES WALLACE & NURICK LLC By De~fSra(~antor I.D. No. 66378 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5297 (717) 260-1667 (fax) dcantor mwn.com Attorneys for Defendant, Francis Lafferty, IV Dated: December', 2009 CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a copy of the foregoing document was served by first class mail, postage prepaid, upon the following: Michael A. Scherer, Esquire O'BRIEN, BARK 8~ SCHERER 19 West South Street Carlisle, PA 17013 Dated: December ~~ , 2009 Je ne M. Barnha FLEt~-~~~~; ;' ~~ -~~ erg Y(-'^'A~:K}TA~Y ~~Q~ ~~~ { ~ ~~~ ~~ ~ ~ rC ~`v 3 w~`~'L'l`,~~`a?t~+ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER LAFFERTY, Plaintiff V. FRANCIS LAFFERTY, IV, Defendant NO. 2007-5444 ,z r 2 N t7` + CIVIL ACTION - LAW° -z, '' IN DIVORCE rn MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT is made this fa- day of PT,,'.,111 , 2011, by and between Jennifer Lafferty of 251 St. Johns Drive, Camp Hill, Cumberland County, Pennsylvania (hereinafter referred to as "Wife"), and Francis J. Lafferty, IV, of 24 West Maplewood Avenue, Mechanicsburg, Cumberland County, Pennsylvania (hereinafter referred to as "Husband"). RECITALS R.1: The Parties hereto are Husband and Wife, having been joined in marriage on June 29, 1996 in Camp Hill, Pennsylvania; and, R.2: Two (2) children were born of the marriage, Francis J. Lafferty, V, born October 9, 1999 and Emelia G. Lafferty, born August 4, 2004; and, R.3: Differences have arisen between the parties, in consequence of which they intend to live separate and apart; and, R.4: Wife filed a Complaint for Divorce in the Court of Common Pleas of Cumberland County in the Commonwealth of Pennsylvania, to above-captioned docket number; and, R.5: It is the desire and intention of the parties, to amicably adjust, compromise and settle all property rights, and all rights in, to or against the property or estate of the other, including property heretofore or subsequently acquired by either party, and to settle all disputes existing between them, including any claims or rights that they may have under the provisions of the Pennsylvania Divorce Code, as amended; and, R.6: Husband and Wife declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of their selection. Wife has been independently represented by Michael A. Scherer, Esquire, who is her separate counsel. Husband has been independently represented by Debra D. Cantor, Esquire, who is his separate counsel. NOW THEREFORE, with the aforementioned recitals being hereinafter incorporated by reference and deemed an essential part hereof and in consideration of the covenants and promises hereinafter to be mutually kept and performed by each party, as well as for other good and valuable consideration, receipt of which is hereby acknowledged, and the parties, intending to be legally bound, hereby agree as follows: 1. SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she from time to time may choose or deem fit, free from any control, restraint or interference from the other. Neither party shall disparage or discredit the other in any way, nor in any way injure his or her reputation; nor shall either of them act or permit anyone else to act in any way which might tend to create any disaffection or disloyalty or disrespect between the members of the family of either party. 2 2. DIVORCE: The parties acknowledge that the marriage is irretrievably broken and that they will secure a mutual consent no-fault divorce decree in the above- captioned divorce action. Simultaneous with the execution of this Agreement, the parties shall execute the Affidavits of Consent and Waiver of Notice Forms necessary to finalize said divorce. Said Affidavits and Waivers shall be immediately filed with the Prothonotary's Office. If either party fails or refuses to execute and file the foregoing documents, said failure or refusal shall be considered a material breach of this Agreement and shall entitle the other party at his or her option to terminate this Agreement. 3. REAL PROPERTY: The parties are owners as tenants by the entireties of certain real property located at 24 West Maplewood Avenue, Mechanicsburg, Cumberland County, Pennsylvania (hereinafter "Marital Residence"). The property is encumbered by a first mortgage from Chase and a second mortgage from Metro Bank. The property is presently subject to a mortgage foreclosure action on the first mortgage. The parties are presently seeking advice from financial services counsel on addressing the foreclosure action. Husband has been in the process of discussions with Chase in an effort to modify the first mortgage terms with the goal of removing Wife from said obligation. If Husband can modify or otherwise remove wife's name from liability for all obligations against the home, wife shall deed her interest in the marital residence to husband without consideration. If husband cannot remove wife's name from the obligation for the first and second mortgage, wife may proceed as she determines is in her best interest, which may include finalizing the divorce and having the parties own the property as tenants in common. Wife agrees to cooperate in any manner necessary to allow Husband to attempt to remove her name from said obligations. 4. TANGIBLE PERSONAL PROPERTY: The parties have divided their tangible personal property upon a basis which as nearly as possible equitable divides such property between them and each party shall keep as their separate property the items currently in their respective possessions. 5. INTANGIBLE PERSONAL PROPERTY: Husband has accrued benefits in an "ABA Retirement Fund." Husband shall transfer to wife from the ABA account the sum of $20,800.00 into a qualified account in wife's name alone by virtue of a Qualified Domestic Relations Order or by any other procedure required by the plan administrator. Said sum shall be subject to the gains and losses on such amount as a result of the stock market from the date of execution of this agreement until the entry of the QDRO. Wife shall prepare or have prepared a Qualified Domestic Relations Order for Husband's signature. Husband shall sign a release authorization, or any other documents required by the plan administrator for Wife to implement the terms of this paragraph. Husband shall keep as his separate property the remaining balance of the ABA Retirement Fund. Aside from the foregoing, the parties have equitably divided their intangible personal property and any such property shall become the separate asset of the party to whom the asset is presently titled. 6. ALIMONY: Husband shall pay Wife alimony in monthly installments of $1,500.00 commencing the month following the month in which the divorce decree is entered for a total of forty-eight (48) months. This amount is calculated on the 4 assumption of Wife's current earning capacity of $20,000. The alimony shall be modifiable upon changed circumstances including changes in employment, and shall terminate if wife cohabits with another party of the opposite sex, remarries, or if either party dies. Wife shall inform husband of her intent to remarry or cohabit 45 days prior to the event. Termination shall be retroactive to the occurrence of cohabitation, remarriage or death of either party. Said amount shall be taxable to Wife and deductible by Husband. Husband is entitled to receive profit sharing from his employer. Wife shall receive ten percent of the net profit share paid to husband throughout the year. Profit sharing is any lump sum, non-regular compensation paid to husband for his equity or ownership interest in Metzger Wickersham, exclusive of mileage or expense reimbursements. The term "net" means gross profit sharing less federal, state and local tax withholdings. The parties shall furnish one another their w-2's annually to verify incomes. Said W-2 shall be presented no later than February 15 of each year. It is the intent that alimony shall be modifiable based on a change in income. For Wife, this shall be a change in, income in any form, including but not limited to base salary, incentive or bonus income. For Husband, change in income shall relate to base salary changes only, as Wife is being provided a share of Husband's profit share no matter the amount. Said profit share shall not be included as part of Husband's base salary. Should either party's employment or income change during the course of a calendar year, they shall inform the other party within 10 days of such a change. 5 It is agreed that Alimony shall be paid by Husband by wage attachment via the Domestic Relations Section. The parties shall cooperate with the entry of a support order to govern Alimony as soon as possible Presently, a support Order through Domestic Relations requires husband to share a portion of his profit sharing with wife. Husband paid a joint debt to the West Shore County Club with part of his 2010 profit sharing check. Wife agrees that she received her entire portion of husband's profit sharing for 2010, and will make no claim for additional payment from husband for profit sharing for 2010. 7. DEBT: A. MARITAL DEBT: 1. Husband shall be solely liable to repay the following debts: a. His student loans. b. HSBC c. Value City d. Paypal 2. Wife shall be solely liable to repay the following debts: a. Personal loan to Leland Patterson b. PSECU personal loan c. Visa d. Indebtedness related to the Honda Pilot which Wife formerly leased. 6 The parties will indemnify and hold one another harmless for the debts each party is assuming pursuant to this paragraph. The only debt listed above which is joint is the VISA account. Despite the ownership designation, Wife agrees that said charges are her separate debt and not marital. Should Wife file for bankruptcy or in any way make Husband liable for said debt, the obligation shall be repaid to Husband by a dollar for dollar return of alimony at such time as Husband shows proof that he paid the Visa debt. In the event Husband pays the VISA debt, the outstanding indebtedness shall be paid by the current amount of the monthly alimony obligation. Wife shall waive receipt of the number of monthly alimony payments necessary to fully reimburse Husband for said obligation. Thereafter, the alimony payments shall return to their regular payment schedule. Wife forever waives her entitlement for the alimony payments used for debt reimbursement. B. POST SEPARATION DEBT: Except as otherwise herein provided, in the event that either party contracted or incurred any debt since the date of separation, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the debt may have been incurred. Said party shall indemnify and hold the other harmless from any obligation for this post separation debt. C: FUTURE DEBT: Except as otherwise herein provided, from the date of this agreement neither party shall contract or incur any debt or liability for which the other party or his or her property or estate might be responsible and shall indemnify 7 and save the other party harmless from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other party. 8. AFTER-ACQUIRED PROPERTY: Each of the parties shall own and enjoy, independently of any claims or rights of the other all real property and all items of personal property, tangible or intangible, hereafter acquired, with full power to dispose of the same as fully and effectively as though he or she were unmarried. Any property so acquired shall be owned solely by that party and the other party shall have no claim to that property. 9. LIFE INSURANCE: To the extent that husband has life insurance, he shall name wife as beneficiary to secure his payment of alimony in the initial amount of $72,000. This amount shall reduce on an annual basis based on the payment of alimony to Wife. Under no circumstances is Wife entitled to any insurance amount over and above the remaining gross balance of alimony owed to her. When husband's obligation to pay alimony expires, husband may remove wife as beneficiary on his life insurance policy, however husband shall continue to have life insurance naming Francis J. Lafferty, V and Emelia Grace Lafferty as the beneficiaries. 10. ATTORNEY'S FEES: Except as otherwise herein provided, each of the parties waives the right to receive a payment for counsel fees from the other, and each shall be responsible for his or her own counsel fees, costs and expenses, if such fees or expenses are incurred. 11. ADDITIONAL INSTRUMENTS: Except as otherwise herein provided, each of the parties shall from time to time, at the request of the other, execute, 8 acknowledge and deliver to the other party, within ten (10) days of any request to do so, any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 12. COMPLETE DISCLOSURE: Each of the Parties hereto acknowledges that he or she is aware of his or her right to seek discovery including, but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure. Each Party further acknowledges that he or she has had the opportunity to discuss with counsel, if desired, the concept of marital property under Pennsylvania law and each is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the courts of this Commonwealth or any other court of competent jurisdiction. The Parties do hereby acknowledge that there has been full and fair disclosure to the other of his or her respective income, assets and liabilities, whether such are held jointly, in the name of one party alone or in the name of one of the parties and another individual or individuals. Each party agrees that any right to further disclosure, valuation, appraisal or enumeration or statement thereof in this Agreement is hereby specifically waived, and other than provided herein, the parties do not wish to make or append hereto any further enumeration or statement. The Parties hereby acknowledge and agree that the division of assets as set forth in this Agreement is fair, reasonable and equitable, and is satisfactory to them. 9 13. RELEASE of ALL CLAIMS: Except as otherwise provided herein, each Party releases and discharges completely and forever the other from any and all right, title, interest or claim of past, present or future support, division of property, including income of gain from property hereafter accruing, right of dower or curtesy, the right to act as administrator or executor of the estate of the other, the right to a distributive share of the other's estate, any right of exemption in the estate of the other, or any other property rights, benefits or privileges accruing to either party by virtue of their marriage relationship, or otherwise, whether the same are conferred by statutory or common law of the Commonwealth of Pennsylvania, or any other state, or of the statutory or common law of the United States of America. Except as provided herein, the Parties specifically waive any and all rights that they may have to equitable distribution of marital property and/or alimony and counsel fees, except those counsel fees sought in the event of a breach of this Agreement, or any other marital rights as provided in the Pennsylvania Divorce Code, Act 26 of 1980 or any amendment thereto. Each party further releases the other from any and all claims or demands up to the date of execution hereof and any other claims either party could raise which arise from the marriage, contract or otherwise. 14. SEPARABILITY of PROVISIONS: If any term, condition, clause or provision of this agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this agreement shall continue in full force, effect and operation. 10 15. GOVERNING LAW: All matters affecting the interpretation of this Agreement and the rights of the Parties hereto shall be governed by the laws of the Commonwealth of Pennsylvania. 16. INCORPORATION into DIVORCE DECREE: The Parties agree that this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. Upon entry of the Decree, the provisions of this Agreement may be incorporated by reference or in substance, but they shall not be deemed merged into such Decree. The Agreement shall survive any such Decree in Divorce, shall be independent thereof, and the Parties intend that all obligations contained in this Agreement shall retain their contractual nature in any enforcement proceedings, whether enforcement is sought in an action on the contact itself at law or in equity, or in any enforcement action filed in a Divorce action. 17. BREACH: It is expressly stipulated that in the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court cost and counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election; to sue for damages for such breach or to seek such other and additional remedies as may. be available to him or her. 18. ENTIRE UNDERSTANDING: This Agreement constitutes the entire understanding between the parties and there are no'covenants, conditions, representations, or agreements, oral or written, of any nature whatsoever, other than those herein contained. 19. AGREEMENT BINDING on PARTIES and HEIRS: It.is understood and agreed that not only the Parties hereto, but also their heirs, administrators, executors and assigns, shall be bound by all the terms, conditions and clauses of this Agreement. 20. CHILDREN AS TAX DEDUCTIONS: Provided there is no reduction in Wife's alimony pursuant to paragraph six herein, Wife shall declare Emelia as a dependent for income tax purposes and Husband shall declare Francis as a dependent for income tax purposes. If Wife's alimony is reduced from it present amount as set forth in paragraph six herein, IRS regulations regarding children as tax deductions shall control which party claims which child, commencing for the tax year in which the alimony is reduced. The parties shall execute any documents necessary to effect these elections within 10 days of a request to do so. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have hereunto set their hands and seals to this Agreement the day and year first above written. WITNESS: Mich I A. Scherer, Esquire De . C n Esquire 12 Fr cis J. L fferty, IV COMMONWEALTH OF PENNSYLVANIA ) SS.: COUNTY OF ) On this the day of Iva ((, , 2011, before me, the undersigned officer, personally appeared Francis J. Lafferty, IV, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. `? !may My Commission Expires: ???iONWEALTH 01° PENNSYLVANIA ?? Notarial Seal michelle G Armour, Notary Public :LV of Harrisburg, Dauphin CountY ommlssIon Expires Oct. 2, 2013 COMMONWEALTH OF PENNSYLVANIA ) SS.: COUNTY OF ) On this the ' F4h day of W-, 2011, before me, the undersigned officer, personally appeared Jennifer Lafferty, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. My Commission Expires: MMALTHI OF P WWOYLVAIWA Nob>rlel feel cokboman6olwWomw * C WWft*n E*ft Nov 2M1 ble b.r, Prinnsylv.nfa Aaeodatbn 13 so n JENNIFER LAFFERTY v. FRANCIS LAFFERTY, IV IN THE COURT OF COMMON PLEB CUMBERLAND COUNTY, PENNSWA9A `r+ ' 0 - rnav No. 07-5444 ?M '? At car-- ° CIVIL ACTION-LAW . .? I IN DIVORCE _ = o D''c W WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF,Z VC >c VORCE DECREE UNDER Section 3301(c) OF THE DIVORCE CODEQ I consent to the entry of a final decree in divorce without notice. 2. 1 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. 1 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 falsification to authorities. Fr ci affe , IV Date: / 0 JENNIFER LAFFERTY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVAN IA T No. 07-5444 ° - -'T7 FRANCIS LAFFERTY, IV MG0 " CIVIL ACTION-LAW JP0 N IN DIVORCE x'© `o AFFIDAVIT OF CONSE -_ NT Zia> ?. w _, rn 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code vsed ii September 13, 2007. 2. The marriage of the plaintiff and defendant is irretrievably broken. Ninety days have elapsed since the date of service of the Complaint. 3. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Fra cis L erty, IV Date: 3/ vh I A931505:1 : JENNIFER LAFFERTY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYL,.VANIA V. NO. 2007-5444 CIVIL TERM rn FRANCIS LAFFERTY, IV, CIVIL ACTION-LAW N o Defendant IN DIVORCE box 46 jc? - X_ >C= PLAINTIFF'S AFFIDAVIT OF CONSENT C4 AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY c-> OF DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on September 13, 2007. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 3. 1 consent to the entry of a final decree in divorce without notice. 4. 1 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. 5. 1 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. 6. 1 have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. 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 falsification to authorities. Date: 11S111 JENNIFER LAFFERTY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY ,,, , PENN@(LUANi Vs. CIVIL ACTION - LAW = z me r- r ? FRANCIS LAFFERTY, IV, NO. 2007-5444 2 N -4o Defendant IN DIVORCE 5-n PRAECIPE TO TRANSMIT RECORD T? o? w m TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Personal service by Mary B. Kerns on September 13, 2007 as per Affidavit of Service filed of record in this case. 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 on March 15, 2011; and Defendant on March 14, 2011. B. (1) date of execution of the Plaintiffs Affidavit required by Section 3301(d) of the Divorce Code: N/A (2) date of service of the Plaintiffs Affidavit upon the Defendant: N/A 4. Related claims pending: Parties Marital Settlement Agreement dated March 15, 2011 is incorporated but not merged herein as a final order of court. 5. Indicate date and manner of service of the notice of intention to file praecipe to transmit record, and attach a copy of said notice under section 3301(d)(1)(i) of the Divorce Code: None served as the parties signed the Waiver of Notice. Defendant on March 14, 2011 and Plaintiff on March 15, 2011. Respectfully submitted, ?G Mich el A. Scherer, Esquire Jennifer Lafferty V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Francis Lafferty, IV N0. 2007-5444 DIVORCE DECREE AND NOW, /h a.uc Z 9 , z o / , it is ordered and decreed that Jennifer Lafferty Francis Lafferty, IV bonds of matrimony. , plaintiff, and , defendant, are divorced from the 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.") Parties Marital Settlement Agreement dated March 15, 2011 is incorporated but not merged herein as a final order of court. By the Court, uke *14 rroiled 4v f JENNIFER LAFFERTY, Plaintiff V. FRANCIS LAFFERTY, IV, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-5444 CIVIL TERM IN DIVORCE r c QUALIFIED DOMESTIC RELATIONS ORDER RELATING TO FRANCIS J. LAFFERTY IV METZGER WICKERSHAM PENSION PLAN r1l C- c r N %0 -o 3 Z3M ?° AND NOW, this 19th day of May, 2011, it is hereby Ordered as follows: 1. This Order is intended to meet the requirements of a "Qualified Domestic Relations Order" as defined in Section 414(p) of the Internal Revenue Code of 1986 ("Code") and Section 206(d) of ERISA. 2. This Qualified Domestic Relations Order is made pursuant to the Marital Settlement Agreement dated March 15, 2011, relating to paragraph five (5) of said Marital Settlement Agreement involving the Metzger Wickersham Pension Plan of the participant, Francis J. Lafferty, IV. 3. The Participant in the Account is Francis J. Lafferty, IV, ("Participant"), whose last known address is 24 West Maplewood Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17055. The Participant's Social Security and date of birth are included on the attached addendum, which addendum shall not be submitted to the Court for privacy reasons. 4. The Alternate Payee is Jennifer Lafferty ("Alternate Payee"), whose last known address is 251 St. Johns Drive, Camp Hill, Cumberland County, Pennsylvania. The Alternate Payee's Social Security and date of birth are included on the attached addendum, which addendum shall not be submitted to the Court for privacy reasons. The Alternate Payee is the former spouse of the Participant. 5. This Domestic Relations Order ("DRO") creates and recognizes the existence of the Alternate Payee's right to receive a portion of the benefits payable with respect to the Participant. It is intended to constitute a DRO acceptable for processing under Pennsylvania Law. 6. This DRO is entered pursuant to authority granted under the applicable domestic relations laws of the Commonwealth of Pennsylvania. This DRO relates to the provision of marital property rights to the Alternate Payee. 7. The Plan Administrator is Edward Knauss, Esquire, of Metzger Wickersham, 3211 N. Front Street, Harrisburg, Pennsylvania 17110, his successor or assigns. 8. The Participant and the Alternate Payee were married on June 29, 1996, in Cumberland County, Pennsylvania and were divorced by Order of Court dated March 29, 2011 docketed to the above caption and number. 9. The Court hereby assigns to the Alternate Payee Twenty thousand eight hundred Dollars ($20,800.00) plus any gain or loss on such funds from March 15, 2011 until the entry of the DRO. 10. As soon as practicable after this Order is determined to be qualified by the Account Administrator, such amounts shall be withdrawn from the funds in the Participant's account and invested in such fashion in a separate account maintained for the benefit of the Alternate Payee. On and after the date such account is established the Alternate Payee shall have the same ability to designate the investment of those amounts as the Participant would otherwise have had with respect to those amounts. 11. Payment of the Alternate Payee's benefit shall be made as soon as administratively practicable after the Order is determined to be qualified. Payment shall be made in a single lump sum payment. 12. The assignment of benefits to the Alternate Payee shall not be reduced, abated or terminated as a result of the death of the Participant. Upon the Participant's death, the Alternate Payee will be not entitled to any survivor benefits attributable to the Participant's benefits under the Plan unless the Participant designates the Alternate Payee as a beneficiary in accordance with the terms of the Plan. 13. The Participant, Alternate Payee and the Court intend this Order to be a qualified domestic relations order within the meaning of Section 414(p) of the Code and Section 206(d) of ERISA. Accordingly, this Order shall not require the Plan to provide under any circumstances: (i) any type or form of benefit, or any benefit option, not otherwise provided under the Plan; (ii) provide benefits in excess of the value of the Participant's account or as of the date the separate account is established for the Alternate Payee; or (iii) benefits that are required to be paid to another alternate payee under another order previously determined to be a qualified domestic relations order. This Order relates to the provision of marital property rights of a former spouse of the Participant and is made pursuant to this State's domestic relations laws. 14. In the event this Order is found by the Account Administrator of the Plan not to be a qualified domestic relations order, the Court shall retain jurisdiction to modify the Order as necessary for the Account Administrator to accept the Order and pay benefits in accordance with its provisions. 15. The assignment made by this Order shall be permanent. On and after the date of this Order, the Participant shall have no further right or interest in the portion of the Participant's account balance which is hereby assigned to the Alternate Payee and the Alternate Payee shall have no right or interest in the portion of the Participant's account balance that is not assigned to the Alternate Payee pursuant to Paragraph Five (5) of the marital settlement agreement. Nothing in this Order shall restrict the Participant's ability to obtain a distribution under the Plan or designate a beneficiary under the Plan, with respect to the portion of the Participant's account balance not assigned to the Alternate Payee. 16. The Alternate Payee shall be responsible for the payment of all taxes due on amounts paid to the Alternate Payee. The Account Administrator and trustee of the Plan are hereby authorized to withhold tax as required under law and to report any such withholdings and taxable income to the taxing authorities. 17. The Honorable Kevin A. Hess is assigned to this case. 18. The parties stipulate to the entry of this Qualified Domestic Relations Order. ORDER OF COURT: Dated: lq Zo ?? CONSENT OF THE PARTIES: La rty\ Alt nate Michael A. Scherer, Esquire Attorney for Plaintiff/Alternate Payee ? t)ebra T-)enison C"ior , &L M iehC>VJ A. Schermer, &I- -44- FrAncis La^r IY/ Defendant/ articipant i De . Ca squire Attorney for Defendant/Participant 0,pie.s 0,pld N0 g1a9) 15 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER LAFFERTY, Plaintiff NO. 2007-5444 v. FRANCIS LAFFERTY, IV, Defendant CIVIL ACTION - LAW IN DIVORCE MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT is made this /a- day of c a -? rr1w --c :r-.n 00 . - C.7 -- ?c ? 7,;.T , 2011, by and between Jennifer Lafferty of 251 St. Johns Drive, Camp Hill, Cumberland County, Pennsylvania (hereinafter referred to as "Wife"), and Francis J. Lafferty, IV, of 24 West Maplewood Avenue, Mechanicsburg, Cumberland County, Pennsylvania (hereinafter referred to as "Husband"). RECITALS R.1: The Parties hereto are Husband and Wife, having been joined in marriage on June 29, 1996 in Camp Hill, Pennsylvania; and, R.2: Two (2) children were born of the marriage, Francis J. Lafferty, V, born October 9, 1999 and Emelia G. Lafferty, born August 4, 2004; and, R.3: Differences have arisen between the parties, in consequence of which they intend to live separate and apart; and, R.4: Wife filed a Complaint for Divorce in the Court of Common Pleas of Cumberland County in the Commonwealth of Pennsylvania, to above-captioned docket number; and, R.5: It is the desire and intention of the parties, to amicably adjust, compromise and settle all property rights, and all rights in, to or against the property or estate of the other, including property heretofore or subsequently acquired by either party, and to settle all disputes existing between them, including any claims or rights that they may have under the provisions of the Pennsylvania Divorce Code, as amended; and, R.6: Husband and Wife declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of their selection. Wife has been independently represented by Michael A. Scherer, Esquire, who is her separate counsel. Husband has been independently represented by Debra D. Cantor, Esquire, who is his separate counsel. NOW THEREFORE, with the aforementioned recitals being hereinafter incorporated by reference and deemed an essential part hereof and in consideration of the covenants and promises hereinafter to be mutually kept and performed by each party, as well as for other good and valuable consideration, receipt of which is hereby acknowledged, and the parties, intending to be legally bound, hereby agree as follows: - SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she from time to time may choose or deem fit, free from any control, restraint or interference from the other. Neither party shall disparage or discredit the other in any way, nor in any way injure his or her reputation; nor shall either of them act or permit anyone else to act in any way which might tend to create any disaffection or disloyalty or disrespect between the members of the family of either party. 2 2. DIVORCE: The parties acknowledge that the marriage is irretrievably broken and that they will secure a mutual consent no-fault divorce decree in the above- captioned divorce action. Simultaneous with the execution of this Agreement, the parties shall execute the Affidavits of Consent and Waiver of Notice Forms necessary to finalize said divorce. Said Affidavits and Waivers shall be immediately filed with the Prothonotary's Office. If either party fails or refuses to execute and file the foregoing documents, said failure or refusal shall be considered a material breach of this Agreement and shall entitle the other party at his or her option to terminate this Agreement. 3. REAL PROPERTY: The parties are owners as tenants by the entireties of certain real property located at 24 West Maplewood Avenue, Mechanicsburg, Cumberland County, Pennsylvania (hereinafter "Marital Residence"). The property is encumbered by a first mortgage from Chase and a second mortgage from Metro Bank. The property is presently subject to a mortgage foreclosure action on the first mortgage. The parties are presently seeking advice from financial services counsel on addressing the foreclosure action. Husband has been in the process of discussions with Chase in an effort to modify the first mortgage terms with the goal of removing Wife from said obligation. If Husband can modify or otherwise remove wife's name from liability for all obligations against the home, wife shall deed her interest in the marital residence to husband without consideration. If husband cannot remove wife's name from the obligation for the first and second mortgage, wife may proceed as she determines is in her best interest, which may include finalizing the divorce and having the parties own 3 the property as tenants in common. Wife agrees to cooperate in any manner necessary to allow Husband to attempt to remove her name from said obligations. 4. TANGIBLE PERSONAL PROPERTY: The parties have divided their tangible personal property upon a basis which as nearly as possible equitable divides such property between them and each party shall keep as their separate property the items currently in their respective possessions. 5. INTANGIBLE PERSONAL PROPERTY: Husband has accrued benefits in an "ABA Retirement Fund." Husband shall transfer to wife from the ABA account the sum of $20,800.00 into a qualified account in wife's name alone by virtue of a Qualified Domestic Relations Order or by any other procedure required by the plan administrator. Said sum shall be subject to the gains and losses on such amount as a result of the stock market from the date of execution of this agreement until the entry of the QDRO. Wife shall prepare or have prepared a Qualified Domestic Relations Order for Husband's signature. Husband shall sign a release authorization, or any other documents required by the plan administrator for Wife to implement the terms of this paragraph. Husband shall keep as his separate property the remaining balance of the ABA Retirement Fund. Aside from the foregoing, the parties have equitably divided their intangible personal property and any such property shall become the separate asset of the party to whom the asset is presently titled. 6. ALIMONY: Husband shall pay Wife alimony in monthly installments of $1,500.00 commencing the month following the month in which the divorce decree is entered for a total of forty-eight (48) months. This amount is calculated on the assumption of Wife's current earning capacity of $20,000. The alimony shall be modifiable upon changed circumstances including changes in employment, and shall terminate if wife cohabits with another party of the opposite sex, remarries, or if either party dies. Wife shall inform husband of her intent to remarry or cohabit 45 days prior to the event. Termination shall be retroactive to the occurrence of cohabitation, remarriage or death of either party. Said amount shall be taxable to Wife and deductible by Husband. Husband is entitled to receive profit sharing from his employer. Wife shall receive ten percent of the net profit share paid to husband throughout the year. Profit sharing is any lump sum, non-regular compensation paid to husband for his equity or ownership interest in Metzger Wickersham, exclusive of mileage or expense reimbursements. The term "net" means gross profit, sharing less federal, state and local tax withholdings. The parties shall furnish one another their w-2's annually to verify incomes. Said W-2 shall be presented no later than February 15 of each year. It is the intent that alimony shall be modifiable based on a change in income. For Wife, this shall be a change in, income in any form, including but not limited to base salary, incentive or bonus income. For Husband, change in income shall relate to base salary changes only, as Wife is being provided a share of Husband's profit share no matter the amount. Said profit share shall not be included as part of Husband's base salary. Should either party's employment or income change during the course of a calendar year, they shall inform the other party within 10 days of such a change. 5 It is agreed that Alimony shall be paid by Husband by wage attachment via the Domestic Relations Section. The parties shall cooperate with the entry of a support order to govern Alimony as soon as possible. Presently, a support Order through Domestic Relations requires husband to share a portion of his profit sharing with wife. Husband paid a joint debt to the West Shore County Club with part of his 2010 profit sharing check. Wife agrees that she received her entire portion of husband's profit sharing for 2010, and will make no claim for additional payment from husband for profit sharing for 2010. 7. DEBT: A. MARITAL DEBT: 1. Husband shall be solely liable to repay the following debts: a. His student loans. b. HSBC c. Value City d. Paypal 2. Wife shall be solely liable to repay the following debts: a. Personal loan to Leland Patterson b. PSECU personal loan c. Visa d. Indebtedness related to the Honda Pilot which Wife formerly leased. 6 The parties will indemnify and hold one another harmless for the debts each party is assuming pursuant to this paragraph. The only debt listed above which is joint is the VISA account. Despite the ownership designation, Wife agrees that said charges are her separate debt and not marital. Should Wife file for bankruptcy or in any way make Husband liable for said debt, the obligation shall be repaid to Husband by a dollar for dollar return of alimony at such time as Husband shows proof that he paid the Visa debt. In the event Husband pays the VISA debt, the outstanding indebtedness shall be paid by the current amount of the monthly alimony obligation. Wife shall waive receipt of the number of monthly alimony payments necessary to fully reimburse Husband for said obligation. Thereafter, the alimony payments shall return to their regular payment schedule. Wife forever waives her entitlement for the alimony payments used for debt reimbursement. B. POST SEPARATION DEBT. Except as otherwise herein provided, in the event that either party contracted or incurred any debt since the date of separation, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the debt may have been incurred. Said party shall indemnify and hold the other harmless from any obligation for this post separation debt. C: FUTURE DEBT: Except as otherwise herein provided from the date of this agreement neither party shall contract or incur any debt or liability for which the other party or his or her property or estate might be responsible and shall indemnify 7 and save the other party harmless from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other party. 8. AFTER-ACQUIRED PROPERTY: Each of the parties shall own and enjoy, independently of any claims or rights of the other all real property and all items of personal property, tangible or intangible, hereafter acquired, with full power to dispose of the same as fully and effectively as though he or she were unmarried. Any property so acquired shall be owned solely by that party and the other party shall have no claim to that property. 9. LIFE INSURANCE: To the extent that husband has life insurance, he shall name wife as beneficiary to secure his payment of alimony in the initial amount of $72,000. This amount shall reduce on an annual basis based on the payment of alimony to Wife. Under no circumstances is Wife entitled to any insurance amount over and above the remaining gross balance of alimony owed to her. When husband's obligation to pay alimony expires, husband may remove wife as beneficiary on his life insurance policy, however husband shall continue to have life insurance naming Francis J. Lafferty, V and Emelia Grace Lafferty as the beneficiaries. 10. ATTORNEY'S FEES: Except as otherwise herein provided, each of the parties waives the right to receive a payment for counsel fees from the other, and each shall be responsible for his or her own counsel fees, costs and expenses, if such fees or expenses are incurred. 11. ADDITIONAL INSTRUMENTS: Except as otherwise herein provided, each of the parties shall from time to time, at the request of the other, execute, 8 acknowledge and deliver to the other party, within ten (10) days of any request to do so, any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 12. COMPLETE DISCLOSURE: Each of the Parties hereto acknowledges that he or she is aware of his or her right to seek discovery including, but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure. Each Party further acknowledges that he or she has had the opportunity to discuss with counsel, if desired, the concept of marital property under Pennsylvania law and each is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the courts of this Commonwealth or any other court of competent jurisdiction. The Parties do hereby acknowledge that there has been full and fair disclosure to the other of his or her respective income, assets and liabilities, whether such are held jointly, in the name of one party alone or in the name of one of the parties and another individual or individuals. Each party agrees that any right to further disclosure, valuation, appraisal or enumeration or statement thereof in this Agreement is hereby specifically waived, and other than provided herein, the parties do not wish to make or append hereto any further enumeration or statement. The Parties hereby acknowledge and agree that the division of assets as set forth in this Agreement is fair, reasonable and equitable, and is satisfactory to them. 9 13. RELEASE of ALL CLAIMS: Except as otherwise provided herein, each Party releases and discharges completely and forever the other from any and all ri ht 9 , title, interest or claim of past, present or future support, division of property, including income of gain from property hereafter accruing, right of dower or g curtesy, the right to act as administrator or executor of the estate of the other, the right to a distributive share of the other's estate, any right of exemption in the estate of the other, or any other property rights, benefits or privileges accruing to either party by virtue of their marriage relationship, or otherwise, whether the same are conferred by statutory y utory or common law of the Commonwealth of Pennsylvania, or any other state, or of the statutory or common law of the United States of America. Except as provided herein, the Parties specifically waive any and all rights that they may have to equitable distribution of marital property and/or alimony and counsel fees, except those counsel fees sought in the event of a breach of this Agreement, or any other marital rights as provided in the Pennsylvania Divorce Code, Act 26 of 1980 or any amendment thereto. Each further releases the other from any and all claims or demands party up to the date of execution hereof and any other claims either party could raise which arise from the marriage, contract or otherwise. 14. SEPARABILITY of PROVISIONS: If any term, condition, clause or provision of this agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this agreement shall continue in full force, effect and operation. 10 15. GOVERNING LAW: All matters affecting the interpretation of this Agreement and the rights of the Parties hereto shall be governed by the laws of the Commonwealth of Pennsylvania. 16. INCORPORATION into DIVORCE DECREE: The Parties agree that this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. Upon entry of the Decree, the provisions of this Agreement may be incorporated by reference or in substance, but they shall not be deemed merged into such Decree. The Agreement shall survive any such Decree in Divorce, shall be independent thereof, and the Parties intend that all obligations contained in this Agreement shall retain their contractual nature in any enforcement proceedings, whether enforcement is sought in an action on the contact itself at law or in equity, or in any enforcement action filed in a Divorce action. 17. BREACH: It is expressly stipulated that in the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court cost and counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election; to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. 18. ENTIRE UNDERSTANDING: This Agreement constitutes the entire understanding between the parties and there are no covenants, conditions, representations, or agreements, oral or written, of any nature whatsoever, other than those herein contained. 19. AGREEMENT BINDING on PARTIES and HEIRS: It.is understood and agreed that not only the Parties hereto, but also their heirs, administrators, executors and assigns, shall be bound by all the terms, conditions and clauses of this Agreement. 20. CHILDREN AS TAX DEDUCTIONS: Provided there is no reduction in Wife's alimony pursuant to paragraph six herein, Wife shall declare Emelia as a dependent for income tax purposes and Husband shall declare Francis as a dependent for income tax purposes. If Wife's alimony is reduced from it present amount as set forth in paragraph six herein, IRS regulations regarding children as tax deductions shall control which party claims which child, commencing for the tax year in which the alimony is reduced. The parties shall execute any documents necessary to effect these elections within 10 days of a request to do so. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have hereunto set their hands and seals to this Agreement the day and year first above written. WITNESS: Mich I A. Scherer, Esquire De . C n Esquire 12 Fr cis J. L-5fferty, IV COMMONWEALTH OF PENNSYLVANIA ) SS.: COUNTY OF ) On this the i? day of 2011, before me, the -? undersigned officer, personally appeared Francis J. Lafferty, IV, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. My Commission Expires: 'R,yo,1jWEALTH OF PENNSYLVANIA Notarial Seal liChelle C. Armour, Notary Public .v of Harrisburg, Dauphin County : ammisslon ExPlres Oct. 2, 2013 COMMONWEALTH OF PENNSYLVANIA } SS.: COUNTY OF ) On this the 010A day of W_' 2011, before me, the undersigned officer, personally appeared Jennifer Lafferty, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. My Commission Expires: ONWEALTH F PENNSYLVi4Nt?1 AWNS. LhdoW. Notary PLM Ca"D W1% CWnbollaW Cm* My CO""Won E Nov. I I Member, Pennsylvania Aesociatlen Of Notwies 13 i 4 JENNIFER E. LAFFERTY., Plaintiff/Petitioner VS. FRANCIS J. LAFFERTY, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 07-5444 CIVIL TERM IN DIVORCE PACSES Case No: 099109460 rri mac: 1'v N co -a N Jl. ORDER OF COURT AND NOW to wit, this 25`h day of January, 2013, it is hereby Ordered that the credit be given on the above captioned case in the amount of $1,487.30 for a direct payment to Jennifer E. Lafferty on this date. This Order shall become final twenty (20) days after the mailing of the notices of the entry of the Order to the parties unless either party files a written demand with the Office of the Prothonotary for a hearing de novo before the Court. BY THE COURT: listylee L. P J. DRO: R.J. Shadday xc: Petitioner Respondent Michael A. Scherer, Esq. Andrew W. Norfleet, Esq. Form OE-001 Service Type: M Worker: 21005 JENNIFER LAFFERTY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2007-5444 C= rnL -� FRANCIS LAFFERTY, IV, CIVIL ACTION LAW- IN DIVORC E 12-1 -, rn Defendant PACSES NO. 099109460v "' `, C-) PLAINTIFF'S PETITION TO ENFORCE ALIMONY PROVISION Itt= ` MARITAL SETTLEMENT AGREEMENT DATED MARCH 15 2011 AND NOW, comes Jennifer Lafferty, Plaintiff in the above-captioned action, by and through her attorney, Michael A. Scherer, Esquire, and respectfully represents as follows: 1. The Petitioner is Jennifer Lafferty (hereinafter"Wife") who is an adult individual who resides at 251 St. Johns Drive, Camp Hill, Cumberland County, Pennsylvania 17011. Wife is represented by Michael A. Scherer, Esquire. 2. The Respondent is the Francis Lafferty, IV (hereinafter "Husband") who is an adult individual who resides at 24 West Maplewood Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17055. Husband is represented in the divorce action by Andrew Norfleet, Esquire. 3. The,parties were married on June 29, 1996 and divorced by the Honorable Kevin A. Hess on March 29, 2011. 4. The parties signed a Marital Settlement Agreement (hereinafter "Agreement") dated March 15, 2011,which is attached hereto as "Exhibit A." 5. Paragraph 6. of the Agreement provides that Husband shall pay Wife alimony in the amount of$1,500.00 per month, commencing April, 2011 for a period of forty- eight months. The alimony is to be paid via wage attachment through Cumberland i County Domestic Relations. 6. Husband has not consistently paid alimony to Wife pursuant to the Agreement and at the end of May, 2013, Husband's alimony arrearage totaled $10,467.40. 7. Paragraph 17. of the Agreement indicates that in the event of a breach of this Agreement, costs and counsel fees are recoverable by the party who incurs them in order to compel performance of the Agreement by the other party. 8. Wife is in financial distress as a result of Husband's failure to pay alimony as required by the Agreement. 9. Husband opposes the relief requested herein. WHEREFORE, Wife requests that this Honorable Court take measures to compel Husband to pay alimony per the Agreement and to require Husband to reimburse Wife for her expenses in filing this Petition. Respectfully submitted, BARIC SCHERER Dated: June 21, 2013 �h&(Aj Mic a I X §cherer, Esquire I.D. 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Jennifer Lafferty Y VERIFICATON I verify that the statements made in this Petition for Special Relief are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §t 4904, relating to unswom falsification to aut orities. Date: (a b / Jen r L ffe i I I f i • 1 CERTIFICATE OF SERVICE I hereby certify that on June 21, 2013 , I, Lori Duncan, secretary, of Baric Scherer, did serve a copy of the Petition to Compel Payment of Alimony of Wife, Jennifer Lafferty, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Andrew Norfleet Norfleet and Lafferty, LLC 1300 Market Street Lemoyne, PA 17043 uncan a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA gym. -<> N O JENNIFER LAFFERTY, NO. 2007-5444 )>C-.) _. Plaintiff =c � . V. CIVIL ACTION - LAW -- -c FRANCIS LAFFERTY, IV, -IN DIVORCE Defendant MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT is made this lam day of ` , 2011, by and between Jennifer Lafferty of 251 St. Johns Drive, Camp Hill, Cumberland County, Pennsylvania (hereinafter referred to as "Wife"), and Francis J. Lafferty, IV, of 24 West Maplewood Avenue, Mechanicsburg, Cumberland County, Pennsylvania (hereinafter referred to as "Husband"). RECITALS - R.1: The Parties hereto are Husband and Wife, having been joined in marriage on June 29, 1996 in Camp Hill, Pennsylvania; and, R.2: Two (2) children were born of the marriage, Francis J. Lafferty, V, born October 9, 1999 and Emelia G. Lafferty, born August 4, 2004; and, R.3: Differences have arisen between the parties, in consequence of which they intend to live separate and apart; and, R.4: Wife filed a Complaint for Divorce in the Court of Common Pleas of Cumberland County in the Commonwealth of Pennsylvania, to above-captioned docket number; and, R.5: It is the desire and intention of the parties, to amicably adjust, compromise and settle all property rights, and all.rights in, to or against the property or estate of the other, including p roperty heretofore or subsequently acquired by either party, and to settle all disputes existing between them, including any claims or rights that they may have under the provisions of the Pennsylvania Divorce Code, as amended; and, R.6: Husband and Wife declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of their selection. Wife has been independently represented by Michael A. Scherer, Esquire, who is her separate counsel. Husband has been independently represented by Debra D. Cantor, Esquire, who is his separate counsel. NOW THEREFORE, with the aforementioned recitals being hereinafter incorporated by reference and deemed an essential part hereof and in consideration of the covenants and promises hereinafter to be mutually kept and performed by each party, as well as for other good and valuable consideration, receipt of which is hereby acknowledged, and the parties, intending to be legally bound, hereby agree as follows: 1 SEPARATION: , It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she from time-to time may choose or deem fit, free from any control, restraint or interference from the other. Neither party shall disparage or discredit the other in any way, nor in any way injure his or her reputation; nor shall either of them act or permit anyone else to act in any way which might tend to create any disaffection or disloyalty or disrespect between the members of the family of either party. 2 2. DIVORCE: The parties acknowledge that the marriage is irretrievably broken andthat they will secure a mutual consent no-fault divorce decree in the above- captioned divorce action. Simultaneous with the execution of this Agreement, the parties shall execute the Affidavits of Consent and.Waiver of Notice Forms necessary to finalize said divorce. Said Affidavits and Waivers shall be immediately filed with the Prothonotary's Office. If either party fails or refuses to execute and file the foregoing documents, said failure or refusal shall be considered a material breach of this Agreement and shall entitle the other party at his or her option to terminate this Agreement, 1 REAL PROPERTY: The parties are owners as tenants by the entireties of certain real property located at 24 West Maplewood Avenue, Mechanicsburg, Cumberland County, Pennsylvania (hereinafter"Marital Residence"). The property is encumbered by a first mortgage from Chase and a second mortgage from Metro Bank. The property is presently subject,to a mortgage foreclosure action on the first mortgage. The parties are presently seeking advice from financial services counsel on addressing the foreclosure action. Husband has been in the process of discussions with Chase in an effort to modify the first mortgage terms with the_goal of removing Wife from said obligation. If Husband can modify or otherwise remove wife's name from liability for all obligations against the home, wife shall deed her interest in the marital residence to husband without consideration. If husband cannot remove wife's name from the obligation for the first and second mortgage, wife may proceed as she determines.is in her best interest, which may include finalizing the divorce and having the,parties own 3 the property as tenants in common. Wife agrees to cooperate in any manner necessary. to allow Husband to attempt to remove her name frq.fn said obligations. 4. TANGIBLE PERSONAL PROPERTY: The parties have divided their tangible personal property upon a basis which as nearly as possible equitable divides such property between them and each party shall keep as their separate property the items currently in their respective possessions., 5. INTANGIBLE PERSONAL PROPERTY: Husband has accrued benefits in an "ABA Retirement Fund." Husband shall transfer to wife from the ABA account the sum of$20,800.00 into a qualified account in wife's name alone by virtue of a Qualified Domestic Relations Order or by any other procedure required by the plan administrator. Said sum shall be subject to the gains and losses on such amount as a result of the stock market from the date of execution of this agreembnt until the entry of the QDRO. Wife shall prepare or have prepared a Qualified Domestic Relations Order for Husband's signature. Husband shall sign a release authorization, or any other documents required by the plan administrator for Wife.to implement the terms of this paragraph. Husband shall keep as his separate property the remaining balance of the ABA Retirement Fund. Aside from the foregoing;the parties have equitably divided their intangible personal property and any such property shall become the separate asset of the party to whom the asset is preseritly titled. 6. ALIMONY: Husband shall pay Wife alimony in monthly installments of $1,500.00 commencing the month following the month in which the divorce decree is entered for a total of forty-eight (48) months. This amount is calculated on the 4 assumption of Wife's current earning capacity of$20,000. The alimony shall be modifiable upon changed circumstances including changes in employment, and shall terminate if wife cohabits with another party of the opposite sex, remarries, or if either party dies. Wife shall inform husband of her intent to remarry or cohabit 45 days prior to the event. Termination shall be retroactive to the occurrence of cohabitation, remarriage or death of either party. Said amount shall be taxable to Wife and deductible by Husband. Husband is entitled to receive profit sharing from his employer. Wife shall receive ten percent of the net profit share paid to husband throughout the year. Profit sharing is any lump sum, non-regular compensation paid to husband for his equity or ownership interest in Metzger Wickersham, exclusive of mileage or expense reimbursements. The term "'net" means gross profit;sharing less federal, state and local tax withholdings. The parties shall furnish one another their w-2's annually to verify incomes. Said W-2 shall be presented no later than February 15 of each year. It is the intent that alimony shall be modifiable based on a change in income. For Wife, this - shall be a change in.income in any form, including but not limited to base salary, incentive or bonus income. For Husband, change in income shall relate to base salary changes only, as Wife is being provided a share of Husband's profit share no matter the amount. Said profit share shall not be included as part of Husband's base salary. Should either party's employment or income change during the course of a calendar year, they shall inform the other party within 10 days of such a change. - 5 It is agreed that Alimony shall be paid by Husband by wage attachment via the Domestic Relations Section. The parties shall cooperate with the entry of 'a support order to govern Alimony as soon as possible. Presently, a support Order throUgh Domestic Relations' requires husband to share a portion of his profit sharing with wife, Husband paid a joint debt to theWest Shore County Club with part of his 2010 profit sharinq check. Wife agrees that she received her entire portion, of husband's profit sharing for 2010, and will make no claim. for additional payment from husband for profit sharing for 2010. MARITAL DEBT: 1 Husband shall be solely liable to repay the following debts: a. His,student loans. b. HSbC c. Value City d. Paypal 2. Wife shall be solely liable to repay the following debts: a. -Personal loan to Leland Patterson b. PSECU personal loan d. Indebtedness related to the Honda Pilot which Wife 'for m- erly ]eased. - The parties will indemnify-and hold on6another harmless for the debts each party is assuming pursuant to this paragraph. The only debt lis ted above which is joint is the VISA account. Despite the ownership designation, Wife agrees that said charges are her separate debt and not marital. Should Wife file for bankruptcy or in any way make Husband liable for said debt, the obligation shall-be repaid to Husband by a dollar for dollar return of alimony at such time as Husband-shows proof that he paid the Visa debt. In the event Husband pays the VISA debt, the outstanding indebtedness shall be paid by the current amount of the monthly a[,imony obligation". Wife shall waive receipt of the number of monthly alimony payments necessary to fully reimburse-Husband for said obligation. Thereafter, the alimony payments shall return to their regular payment schedule. Wife forever waives her entitlement for the alimony payments used for debt B. POST SEPARATION DEBT: Except as otherwise herein provided, in the event that either paity contracted or incurred any debt since the date of separation, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the debt may have been incurred, Said party shall indemnify and hold the other harmless from any obligation for this post separation C: FUTURE DEBT: Except as otherwise herein provided, from the date of this agreement neither party shall contract or incur any debt or liability for which the other party or his or her property or estate might be responsible and shall indemnify - and save the other party harmless from any and all claims or demands made against him or her by reason of debts or obligations incurred.by the other party. 8. AFTER-ACQUIRED PROPERTY: Each of the parties shall own and enjoy, independently of any claims or rights of the other all real property and all items of personal property, tangible or intangible, hereafter acquired, with full power to dispose of the same as fully and effectively as though he or she were unmarried. Any property so acquired shall be owned solely by that party and the other party shall have no claim to that property, 9. LIFE INSURANCE: To the extent that husband has life insurance, he shall name wife as beneficiary to secure his payment of alimony in the initial amount of y $72,000. This amount shall reduce on an annual basis based on the payment of alimony to Wife. Under no circumstances is Wife entitled to any insurance amount over and above the remaining gross balance of alimony owed to her. When husband's obligation to pay alimony expires, husband may remove wife as beneficiary on his life insurance policy, however husband shall continue to have life insurance naming Francis J. Lafferty, V and Emelia Grace Lafferty as the beneficiaries. 10. ATTORNEY'S FEES: Except as otherwise herein provided, each of the parties waives the right to receive a payment for counsel fees from the other, and each shall be responsible for his or her own counsel fees, costs and expenses, if such fees or expenses are incurred. 11. ADDITIONAL INSTRUMENTS: Except as otherwise herein provided, each of the parties shall from time to time, at the request of the other, execute, 8 acknowledge and deliver to the other party, within ten (10) days of any request to do so, any.and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 12. COMPLETE DISCLOSURE: Each of the Parties hereto acknowledges that he or she is aware of his or her right to seek discovery including, but not limited to, written interrogatories., motions for production of documents, the taking of oral depositions, the filing of inventories and all other means of discovery.permitted under the Pennsylvania Divorce Code.or the Pennsylvania Rules of Civil Procedure. Each Party further acknowledges that he or she has had the opportunity to discuss with counsel, if desired, the concept of marital property under Pennsylvania law and each is aware of his or her right to have the real and/or pers'onal property, estate and assets, earnings and income of the other assessed or evaluated by the courts of this Commonwealth or any other court of competent jurisdiction. The Parties do hereby acknowledge that there has been full and fair disclosure to the other of his or her respective income, assets and liabilities, whether such are held jointly, in the name of. one party alone or in the name of one of the parties and.another individual or individuals. Each party agrees that any right to further disclosure, valuation, appraisal or enumeration or statement thereof in this Agreement is hereby specifically waived, and other than provided herein, the parties do not wish to make or append hereto any further enumeration or statement. The Parties hereby acknowledge and agree that the division of assets as set forth in this Agreement is 6ir, reasonable and equitable, and is satisfactory to them. 9 13. RELEASE of ALL CLAIMS: Except as otherwise provided herein, each Party releases and discharges completely and forever the other from any and all right, title, interest or claim of past, present or future support, division of property, including income of gain from property hereafter accruing, right of dower or curtesy, the right to act as administrator or executor of the estate of the other,the right to a distributive share of the other's estate, any right of exemption in,the estate of the other, or any other property rights, benefits or privileges accruing to either party by virtue of their marriage relationship,,or otherwise, whether the same are conferred by statutory or common law of the Commonwealth of Pennsylvania, or any other.state, or of the statutory or common law of the United States of America. Except as provided herein, the Parties ' specifically waive any and all rights that they may have to equitable distribution of marital property and/or alimony and counsel fees, except those counsel fees sought in the event of a breach of this Agreement, or any other marital rights as provided in the -Pennsylvania Divorce Code,Act 26 of 1980 or any amendment thereto. Each party further releases the other from any and all claims or demands up to the date of execution hereof and any other claims either party could raise which arise from the marriage, contract or otherwise. 14. SEPARABILITY of PROVISIONS: If any term, condition, clause or provision of this agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this agreement shall continue in full force, effect-and operation, 10 15. GOVERNING LAW: All matters affecting the interpretation of this Agreement and the rights of the Parties hereto shall be governed by the laws of the Commonwealth of-Pennsylvania. 16. INCORPORATION into DIVORCE DECREE: The Parties agree that this Agreement shall continue in full force and effect after such time as a final Decree in Divorce-may be entered with respect to the parties. Upon entry of the Decree, the provisions of this Agreement may be incorporated by reference or in substance; but they shall not be deemed merged into such Decree. The Agreement shall survive any such Decree in Divorce, shall be independent thereof, and the Parties intend that all obligations contained in this Agreement shall retain their contractual nature in any enforcement proceedings, whether enforcement is sought in an action on the contact itself at law or in equity, or in any enforcement action filed in a Divorce action. 17. BREACH: It is expressly stipulated that in the event that either party b I reaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court cost and counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election; to sue for damage's for such breach or to seek such other. and additional remedies as may.be available to him or her.. 18. . ENTIRE UNDERSTANDING: This Agreement constitutes the entire understanding between the parties and there are no"covenants, conditions, representations, or agreements, oral or written, of any nature whatsoever, other than those herein contained. 19. AGREEMENT BINDING on PARTIES and HEIRS: It.is understood and agreed that not only the Parties hereto, but also their heirs, administrators, executors and assigns, shall be bound by all the terms, conditions and clauses of this Agreement. 20. CHILDREN AS TAX DEDUCTIONS: Provided there is no reduction in Wife's alimony pursuant to paragraph six herein, Wife shall declare Emelia as a dependent for income tax purposes and Husband shall declare Francis as a dependent for income tax purposes, If Wife's alimony is reduced from it present amount as set forth in paragraph six herein,-IRS,regulations regarding children as tax deductions shall control which party claims which child, commencing for the tax year in which the alimony is reduced. The parties shall execute any documents necessary to effect these elections within 10 days of a request to do so., IN WITNESS WHEREOF, the-parties hereto, intending to be legally bound hereby, have hereunto set their hands and seals to this Agreement the day and year first above written. WITNESS: Mich el A.IScherer, Esquire J_e affe Ki- De . C Esquire Fr cis J. Udfterty,'IV 12 COMMONWEALTH OF PENNSYLVANIA SS': COUNTY OF On this the day of a'1 2011, before me, the undersigned officer, personally appeared Francis J. Lafferty, IV,r'known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. ,12 My Commission Expires: 1, 1 Notarial Seal micbelle C Amour,Notary Public city of Harrisburg,Dauphin county -ommisslon Expires Oct.2,2013 COMMONWEALTH OF PENNSYLVANIA SS.: COUNTY OF On this the day of 2011, before me, the undersigned officer, personally appeared Jennifer Lafferty, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. "my Commission.Expires: 7--QN-WE&TH OF PENNSYLVANA Notarial seal J8VftS-UndW.N01wPLblc a nd *t4 0W"B0r0.CW6WWWCW* C C*m*9lonE*MN0V.2%2M1 Member,PannevIveril;Assod ti, 13 JENNIFER LAFFERTY, • IN THE COURT OF COMMON PLEAS OF Plaintiff • CUMBERLAND COUNTY, PENNSYLVANIA • v. : NO. 2007-5444 CIVIL TERM • • FRANCIS LAFFERTY, IV, • CIVIL ACTION-LAW Defendant • IN DIVORCE ORDER OF COURT AND NOW, thisa'7 day of , 2013, a hearing is scheduled with regard to Plaintiff's Petition to Enfor a Alimony Provision in Marital Settlement g Y Agreement Dated March 15, 2011for ! , 2013 at /Ow, q.m. in Courtroom No. y of the Cumberland ount Courthouse. BY THE COURT: • ,4 J. V cc: Niciaei A. Scherer, Esquire /Andrew Norfleet, Esquire if./L7//3 -22.2.7r.„) tE'.S cJL - w rn a r=, ter-, -•cam -N., a r- < c) ca-.,: CD _ko 6(73 JENNIFER LAFFERTY, • IN THE COURT OF COMMON PLEAS OF Plaintiff • CUMBERLAND COUNTY, PENNSYLI7.ANtA • v. • NO. 2007-5444 CIVIL TERM mw 3J -c: -77;' t- ;x1 FRANCIS LAFFERTY, IV, • CIVIL ACTION LAW— IN DIVORCF °' ` `� Defendant : PACSES NO. 099109460 .< = s Cam..) t E ;'r ni N PLAINTIFF'S PETITION TO ENFORCE ALIMONY PROVISION IN MARITAL SETTLEMENT AGREEMENT DATED MARCH 15, 2011 AND NOW, comes Jennifer Lafferty, Plaintiff in the above-captioned action, by and through her attorney, Michael A. Scherer, Esquire, and respectfully represents as follows: 1. The Petitioner is Jennifer Lafferty (hereinafter "Wife") who is an adult individual who resides at 251 St. Johns Drive, Camp Hill, Cumberland County, Pennsylvania 17011. Wife is represented by Michael A. Scherer, Esquire. 2. The Respondent is the Francis Lafferty, IV (hereinafter "Husband") who is an adult individual who recently moved to York, Pennsylvania. Husband is represented in this matter by Andrew Norfleet, Esquire. 3. The parties were married on June 29, 1996 and divorced by the Honorable Kevin A. Hess on March 29, 2011. 4. The parties signed a Marital Settlement Agreement (hereinafter "Agreement") dated March 15, 2011, which is attached hereto as "Exhibit A." 5. Paragraph 6. of the Agreement provides that Husband shall pay Wife alimony in the amount of$1,500.00 per month, commencing April, 2011 for a period of forty-eight months. The alimony is to be paid via wage attachment through Cumberland County Domestic Relations. 6. Husband has not consistently paid alimony to Wife pursuant to the Agreement and at present Husband's alimony arrearage is approximately $15,000.00 as set forth on the attachment marked as "Exhibit B." Exhibit B does not include the charge of$1,500.00 for the month of November, 2013. 7. Wife filed a petition to enforce alimony agreement in July, 2013, and Husband made a payment at that time to resolve the matter but the alimony arrearage has increased since that time. 8. Paragraph 17. of the Agreement indicates that in the event of a breach of this Agreement, costs and counsel fees are recoverable by the party who incurs them in order to compel performance of the Agreement by the other party. 9. Wife is in financial distress as a result of Husband's failure to pay alimony as required by the Agreement. 10. Husband opposes the relief requested herein. WHEREFORE, Wife requests that this Honorable Court take measures to compel Husband to pay alimony per the Agreement and to require Husband to reimburse Wife for her expenses in filing this Petition. Respectfully submitted, BARIC SCHERER Dated: November 6, 2013 Mic ael A. Scherer, Esquire I.D. 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Jennifer Lafferty IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA O rn CO JENNIFER LAFFERTY, NO. 2007-5444 rn Plaintiff �•"" r C, v. • CIVIL ACTION - LAW >d - C: Cr� c� FRANCIS LAFFERTY, IV, • IN DIVORCE �-.� Defendant • MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT is made this /ate day of , 2011, by and between Jennifer Lafferty of 251 St. Johns Drive, Camp Hill, Cumberland County, Pennsylvania (hereinafter referred to as "Wife"), and Francis J. Lafferty, IV, of 24 West Maplewood Avenue, Mechanicsburg, Cumberland County, Pennsylvania (hereinafter referred to as "Husband"). RECITALS R.1: The Parties hereto are Husband and Wife, having been joined in marriage on June 29, 1996 in Camp Hill, Pennsylvania; and, R.2: Two (2) children were born of the marriage, Francis J. Lafferty, V, born October 9, 1999 and Emelia G. Lafferty, born August 4, 2004; and, R.3: Differences have arisen between the parties, in consequence of which they intend to live separate and apart; and, R.4: Wife filed a Complaint for Divorce in the Court of Common Pleas of Cumberland County in the Commonwealth of Pennsylvania, to above-captioned docket number; and, "EXHIBIT A" R.5: It is the desire and intention of the parties, to amicably adjust, compromise and settle all property rights, and all rights in, to or against the property or estate of the other, including property heretofore or subsequently acquired by either party, and to settle all disputes existing between them, including any claims or rights that they may have under the provisions of the Pennsylvania Divorce Code, as amended; and, R.6: Husband and Wife declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of their selection. Wife has been independently represented by Michael A. Scherer, Esquire, who is her separate counsel. Husband has been independently represented by Debra D. Cantor, Esquire, who is his separate counsel. NOW THEREFORE, with the aforementioned recitals being hereinafter incorporated by reference and deemed an essential part hereof and in consideration of the covenants and promises hereinafter to be mutually kept and performed by each party, as well as for other good and valuable consideration, receipt of which is hereby acknowledged, and the parties, intending to be legally bound, hereby agree as follows: 1. SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she from time to time may choose or deem fit, free from any control, restraint or interference from the other. Neither party shall disparage or discredit the other in any way, nor in any way injure his or her reputation; nor shall either of them act or permit anyone else to act in any way which might tend to create any disaffection or disloyalty or disrespect between the members of the family of either party. 2 2. DIVORCE: The parties acknowledge that the marriage is irretrievably broken and that they will secure a mutual consent no-fault divorce decree in the above- captioned divorce action. Simultaneous with the execution of this Agreement, the parties shall execute the Affidavits of Consent and Waiver of Notice Forms necessary to finalize said divorce. Said Affidavits and Waivers shall be immediately filed with the Prothonotary's Office. If either party fails or refuses to execute and file the foregoing documents, said failure or refusal shall be considered a material breach of this Agreement and shall entitle the other party at his or her option to terminate this Agreement. 3. REAL PROPERTY: The parties are owners as tenants by the entireties of certain real property located at 24 West Maplewood Avenue, Mechanicsburg, Cumberland County, Pennsylvania (hereinafter "Marital Residence"). The property is encumbered by a first mortgage from Chase and a second mortgage from Metro Bank. The property is presently subject to a mortgage foreclosure action on the first mortgage. The parties are presently seeking advice from financial services counsel on addressing the foreclosure action. Husband has been in the process of discussions with Chase in an effort to modify the first mortgage terms with the goal of removing Wife from said obligation. If Husband can modify or otherwise remove wife's name from liability for all obligations against the home, wife shall deed her interest in the marital residence to husband without consideration. If husband cannot remove wife's name from the obligation for the first and second mortgage, wife may proceed as she determines is in her best interest, which may include finalizing the divorce and having the parties own 3 the property as tenants in common. Wife agrees to cooperate in any manner necessary to allow Husband to attempt to remove her name from said obligations. 4. TANGIBLE PERSONAL PROPERTY: The parties have divided their tangible personal property upon a basis which as nearly as possible equitable divides such property between them and each party shall keep as their separate property the items currently in their respective possessions.' 5. INTANGIBLE PERSONAL PROPERTY: Husband has accrued benefits in an "ABA Retirement Fund." Husband shall transfer to wife from the ABA account the sum of$20,800.00 into a qualified account in wife's name alone by virtue of a Qualified Domestic Relations Order or by any other procedure required by the plan administrator. Said sum shall be subject to the gains and losses on such amount as a result of the stock market from the date of execution of this agreement until the entry of the QDRO. Wife shall prepare or have prepared a Qualified Domestic Relations Order for Husband's signature. Husband shall sign a release authorization, or any other documents required by the plan administrator for Wife to implement the terms of this paragraph. Husband shall keep as his separate property the remaining balance of the ABA Retirement Fund. Aside from the foregoing, the parties have equitably divided their intangible personal property and any such property shall become the separate asset of the party to whom the asset is presently titled. 6. ALIMONY: Husband shall pay Wife alimony in monthly installments of $1,500.00 commencing the month following the month in which the divorce decree is entered for a total of forty-eight (48) months. This amount is calculated on the 4 assumption of Wife's current earning capacity of$20,000. The alimony shall be modifiable upon changed circumstances including changes in employment, and shall terminate if wife cohabits with another party of the opposite sex, remarries, or if either party dies. Wife shall inform husband of her intent to remarry or cohabit 45 days prior to the event. Termination shall be retroactive to the occurrence of cohabitation, remarriage or death of either party. Said amount shall be taxable to Wife and deductible by Husband. Husband is entitled to receive profit sharing from his employer. Wife shall receive ten percent of the net profit share paid to husband throughout the year. Profit sharing is any lump sum, non-regular compensation paid to husband for his equity or ownership interest in Metzger Wickersham, exclusive of mileage or expense reimbursements. The term "net" means gross profit sharing less federal, state and local tax withholdings. The parties shall furnish one another their w-2's annually to verify incomes. Said W-2 shall be presented no later than February 15 of each year. It is the intent that alimony shall be modifiable based on a change in income. For Wife, this shall be a change in.income in any form, including but not limited to base salary, incentive or bonus income. For Husband, change in income shall relate to base salary changes only, as Wife is being provided a share of Husband's profit share no matter the amount. Said profit share shall not be included as part of Husband's base salary. Should either party's employment or income change during the course of a calendar year, they shall inform the other party within 10 days of such a change. 5 It is agreed that Alimony shall be paid by Husband by wage attachment via the Domestic Relations Section. The parties shall cooperate with the entry of a support order to govern Alimony as soon as possible. Presently, a support Order through Domestic Relations requires husband to share a portion of his profit sharing with wife. Husband paid a joint debt to the West Shore County Club with part of his 2010 profit sharing check. Wife agrees that she received her entire portion of husband's profit sharing for 2010, and will make no claim for additional payment from husband for profit sharing for 2010. 7. DEBT: A. MARITAL DEBT: 1. Husband shall be solely liable to repay the following debts: a. His student loans. b. HSBC c. Value City d. Paypal 2. Wife shall be solely liable to repay the following debts: a. Personal loan to Leland Patterson b. PSECU personal loan c. Visa d. Indebtedness related to the Honda Pilot which Wife formerly leased. 6 The parties will indemnify and hold one another harmless for the debts each party is assuming pursuant to this paragraph. The only debt listed above which is joint is the VISA account. Despite the ownership designation, Wife agrees that said charges are her separate debt and not marital. Should Wife file for bankruptcy or in any way make Husband liable for said debt, the obligation shall be repaid to Husband by a dollar for dollar return of alimony at such time as Husband shows proof that he paid the Visa debt. In the event Husband pays the VISA debt, the outstanding indebtedness shall be paid by the current amount of the monthly alimony obligation. Wife shall waive receipt of the number of monthly alimony payments necessary to fully reimburse Husband for said obligation. Thereafter, the alimony payments shall return to their regular payment schedule. Wife forever waives her entitlement for the alimony payments used for debt reimbursement. B. POST SEPARATION DEBT: Except as otherwise herein provided, in the event that either party contracted or incurred any debt since the date of separation, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the debt may have been incurred. Said party shall indemnify and hold the other harmless from any obligation for this post separation debt. C: FUTURE DEBT: Except as otherwise herein provided, from the date of this agreement neither party shall contract or incur any debt or liability for which the other party or his or her property or estate might be responsible and shall indemnify 7 and save the other party harmless from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other party. 8. AFTER-ACQUIRED PROPERTY: Each of the parties shall own and enjoy, independently of any claims or rights of the other all real property and all items of personal property, tangible or intangible, hereafter acquired, with full power to dispose of the same as fully and effectively as though he or she were unmarried. Any property so acquired shall be owned solely by that party and the other party shall have no claim to that property. 9. LIFE INSURANCE: To the extent that husband has life insurance, he shall name wife as beneficiary to secure his payment of alimony in the initial amount of $72,000. This amount shall reduce on an annual basis based on the payment of alimony to Wife. Under no circumstances is Wife entitled to any insurance amount over and above the remaining gross balance of alimony owed to her. When husband's obligation to pay alimony expires, husband may remove wife as beneficiary on his life insurance policy, however husband shall continue to have life insurance naming Francis J. Lafferty, V and Emelia Grace Lafferty as the beneficiaries. 10. ATTORNEY'S FEES: Except as otherwise herein provided, each of the parties waives the right to receive a payment for counsel fees from the other, and each shall be responsible for his or her own counsel fees, costs and expenses, if such fees or expenses are incurred. 11. ADDITIONAL INSTRUMENTS: Except as otherwise herein provided, each of the parties shall from time to time, at the request of the other, execute, 8 acknowledge and deliver to the other party, within ten (10) days of any request to do so, any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 12. COMPLETE DISCLOSURE: Each of the Parties hereto acknowledges that he or she is aware of his or her right to seek discovery including, but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure. Each Party further acknowledges that he or she has had the opportunity to discuss with counsel, if desired, the concept of marital property under Pennsylvania law and each is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the courts of this Commonwealth or any other court of competent jurisdiction. The Parties do hereby acknowledge that there has been full and fair disclosure to the other of his or her respective income, assets and liabilities, whether such are held jointly, in the name of one party alone or in the name of one of the parties and another individual or individuals. Each party agrees that any right to further disclosure, valuation, appraisal or enumeration or statement thereof in this Agreement is hereby specifically waived, and other than provided herein, the parties do not wish to make or append hereto any further enumeration or statement. The Parties hereby acknowledge and agree that the division of assets as set forth in this Agreement is fair, reasonable and equitable, and is satisfactory to them. 9 13. RELEASE of ALL CLAIMS: Except as otherwise provided herein, each Party releases and discharges completely and forever the other from any and all right, title, interest or claim of past, present or future support, division of property, including income of gain from property hereafter accruing, right of dower or curtesy, the right to act as administrator or executor of the estate of the other, the right to a distributive share of the other's estate, any right of exemption in the estate of the other, or any other property rights, benefits or privileges accruing to either party by virtue of their marriage relationship, or otherwise, whether the same are conferred by statutory or common law of the Commonwealth of Pennsylvania, or any other state, or of the statutory or common law of the United States of America. Except as provided herein, the Parties specifically waive any and all rights that they may have to equitable distribution of marital property and/or alimony and counsel fees, except those counsel fees sought in the event of a breach of this Agreement, or any other marital rights as provided in the Pennsylvania Divorce Code, Act 26 of 1980 or any amendment thereto. Each party further releases the other from any and all claims or demands up to the date of execution hereof and any other claims either party could raise which arise from the marriage, contract or otherwise. 14. SEPARABILITY of PROVISIONS: If any term, condition, clause or provision of this agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this agreement shall continue in full force, effect and operation. 10 15. GOVERNING LAW: All matters affecting the interpretation of this Agreement and the rights of the Parties hereto shall be governed by the laws of the Commonwealth of Pennsylvania. 16. INCORPORATION into DIVORCE DECREE: The Parties agree that this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. Upon entry of the Decree, the provisions of this Agreement may be incorporated by reference or in substance, but they shall not be deemed merged into such Decree. The Agreement shall survive any such Decree in Divorce, shall be independent thereof, and the Parties intend that all obligations contained in this Agreement shall retain their contractual nature in any enforcement proceedings, whether enforcement is sought in an action on the contact itself at law or in equity, or in any enforcement action filed in a Divorce action. 17. BREACH: It is expressly stipulated that in the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court cost and counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election; to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. 18. ENTIRE UNDERSTANDING: This Agreement constitutes the entire understanding between the parties and there are no covenants, conditions, representations, or agreements, oral or written, of any nature whatsoever, other than those herein contained. 11 19. AGREEMENT BINDING on PARTIES and HEIRS: It is understood and agreed that not only the Parties hereto, but also their heirs, administrators, executors and assigns, shall be bound by all the terms, conditions and clauses of this Agreement. 20. CHILDREN AS TAX DEDUCTIONS: Provided there is no reduction in Wife's alimony pursuant to paragraph six herein, Wife shall declare Emelia as a dependent for income tax purposes and Husband shall declare Francis as a dependent for income tax purposes. If Wife's alimony is reduced from it present amount as set forth in paragraph six herein, IRS regulations regarding children as tax deductions shall control which party claims which child, commencing for the tax year in which the alimony is reduced. The parties shall execute any documents necessary to effect these elections within 10 days of a request to do so. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have hereunto set their hands and seals to this Agreement the day and year first above written. WITNESS: Mich el A. Scherer, Esquire Je if_ Laffe`�'\ De•, . C: ► , Esquire Fr. cis J. Lafferty, IV 12 COMMONWEALTH OF PENNSYLVANIA ) SS.: COUNTY OF ) On this the )/ day of/14a i'( (/\ , 2011, before me, the undersigned officer, personally appeared Francis J. Lafferty, IV, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. /2' My Commission Expires: 7ZW "MMONWEALTH OF PENNSYLVANIA ( Notarial al Seal riichelle C.Armour,Notary Public y of Harrisburg,Dauphin County ,'omission Expires Oct.2,2013 COMMONWEALTH OF PENNSYLVANIA ) SS.: COUNTY OF . ) On this the day of !I LYLIW" , 2011, before me, the undersigned officer, personally appeared Jennifer Lafferty, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. My Commission Expires: 1, r' , COMMONWEALTH OF PENNSYLVANIA Notadal Seal Jenrgfer S.Undsay.Notary Public Carlisle Bon Cumberland My GomMasion Eras Nov 29,2011 13 Member,Pennsylvania Association of Rotaries ri±PA�CSES'.= m ao,i +F,,` 'f ;:: File Field Options Help Navigation Menu EACSES Help Funs: COBS Case Level Obligation Summary CASE ID: 099109460 Case Type: N Case Status: 0 CURRENT Payor: 0119101874 LAFFERTY,FRANCIS J.IV Payee: 9019101877 LAFFERTY,JENNIFER E. MTD Support MTD Support LTD Support LTD Support Mo Owed Paid Owed Paid 10 1500.00 0.00 46,500.00 32,908.60 9 1500.00 0.00 45,000.00 32,908.60 8 1500.00 0.00 43,500.00 32,908.60 7 1500.00 1500.00 42,000.00 32,908.60 6 1500.00 0.00 40,500.00 28,532.60 5 1500.00 794.00 39,000.00 28,532.60 4 1500.00 0.00 37,500.00 27,738.60 3 1500.00 694.00 36,000.00 27,738.60 2 1500.00 0.00 34,500.00 27,044.60 1 1500.00 0.00 33,000.00 27,044.60 12 1500.00 0.00 31,500.00 0.00 11 1500.00 0.00 30,000.00 0.00 SS` -#0303 COMMAND COMPLETED {' ....Ids&: , i BACK. PREV . NEXT L )-D? I 1_C' I [1GE "EXHIBIT B" 0CT-22-2013 TUE 02:46 AM lemoyne retail FAX NO. 7177244239 P. 04 VERIFICATION I verify that the statements made in this Petition for Special Relief are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 490' , relating to unsworn falsification to auto orities. Date: i 4[4_, .�... Jen j-r 40 • CERTIFICATE OF SERVICE I hereby certify that on November 6, 2013, I, Jennifer S. Lindsay, secretary at Baric Scherer LLC, did serve a copy of the Plaintiffs Petition To Enforce Alimony Provision In Marital Settlement Agreement Dated March 15, 2011, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Andrew Norfleet, Esquire Norfleet and Lafferty, LLC 1300 Market Street Lemoyne, Pennsylvania 17043 .l-.LLL A 41 H lifer Q Li; ay JENNIFER LAFFERTY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION—LAW : NO. 2007-5444 CIVIL FRANCIS LAFFERTY, IV, Defendant : PACSES NO. 099109460 IN RE: PLAINTIFF'S PETITION TO ENFORCE ALIMONY PROVISION IN MARITAL SETTLEMENT AGREEMENT DATED MARCH 15, 2011 ORDER AND NOW,this I't ' day of November, 2013, a hearing in the above-captioned matter is set for Thursday, December 5, 2013, at 10:00 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle,PA. BY THE COURT, Kevi A . Hess, P. J. • Michael A. Scherelr, Esquire For the Plaintiff /Andrew Norfleet,Esquire For the Defendant;; :rim a rn CCTI.C.S1 s"Z LLCC-L rn,;7 TYy wr- 11/2(0.1 rs , " nr :JS , fit c o„, ! n13 DEC -5 M110 1 c PUMBERLAt,3 LG ;ib l 1 JENNIFER LAFFERTY, J PEHHSYL`1AHik COURT OF COMMON PLEAS Plaintiff • CUMBERLAND COUNTY • Nos. 2007-5444 7 • PACSES Case Nos. 099109460 • 467109451 • v. • • CIVIL ACTION - LAW FRANCIS LAFFERTY, IV, • • Defendant • IN DIVORCE PETITION FOR MODIFICATION OF EXISTING SUPPORT ORDERS TO THE HONORABLE JUDGES OF SAID COURT: 1. Petitioner is Francis J. Lafferty, IV, who resides at 433 North Newberry Street, York, York County PA. 2. The Respondent is Jennifer E. Lafferty, who resides at 251 St. Johns Drive, Camp Hill, Cumberland County, Pennsylvania. 3. On March 15, 2011, the parties entered into a Marital Settlement Agreement ("MSA")providing that Petitioner was to pay Respondent monthly alimony payments of $1,500.00. These payments are modifiable upon changed circumstances including changes in employment. The amount of payments were based on Petitioner's income on the date of the agreement. This payment was also calculated upon the Respondent's earning capacity of $20,000.00. The MSA is incorporated herein and attached as Exhibit"A". 4. In addition to the Order above, an additional Order of Court was entered for the support of Francis J. Lafferty,V, and Emelia G. Lafferty 5. Petitioner is entitled to a decrease of these Orders because there have been material and/or substantial changes in the circumstances in that: 6. Petitioner's income has significantly reduced in the past two plus years. 7. Upon information and belief, it is averred that Respondent currently earns significantly higher income than the earning capacity used to determine the parties' obligations under the aforementioned Orders of Court. WHEREFORE, Petitioner respectfully prays that your Honorable Court modify the existing Orders in the above matter. Respectfully submitted, Date: 01 Cl/13 BY: Francis J. Lafferty, IV Petitioner VERIFICATION I, Francis J. Lafferty, IV, Petitioner,hereby state that I am the Petitioner for Modification of Existing Orders in this action and verify that the statements contained in the foregoing Petition, are true and correct to the best of my knowledge, information and belief. I understand that the statements in said Petition are made subject to the penalties of 18 Pa. C.S. §4904,relating to unsworn falsification to authorities. Fr cis J. L ferty, IV Petitioner Date: f Li CERTIFICATE OF SERVICE I, Francis J. Lafferty, IV, do hereby verify and confirm that I have served a copy of the attached Petition for Modification of Existing Orders to Plaintiff's counsel, and Domestic Relations as follows on this 8th day of November, 2012 by United States First Class Mail, postage prepaid: Michael A. Scherer Baric and Scherer, LLC 19 West South Street Carlisle, PA 17013 Domestic Relations 13 N. Hanover St. P.O. Box 320 Carlisle, PA 17013 Respe 1 / . .s 'tted, Fra is J. Lafferty, IV IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER LAFFERTY, • NO. 2007-5444 Plaintiff V. CIVIL ACTION - LAW FRANCIS LAFFERTY, IV, : IN DIVORCE Defendant : MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT is made this g- day of Atari., , 2011, by and between Jennifer Lafferty of 251 St. Johns Drive, Camp Hill, Cumberland County, Pennsylvania (hereinafter referred to as "Wife"), and Francis J. Lafferty, IV, of 24 West Maplewood Avenue, Mechanicsburg, Cumberland County, Pennsylvania (hereinafter referred to as "Husband"). RECITALS R.1: The Parties hereto are Husband and Wife, having been joined in marriage on June 29, 1996 in Camp Hill, Pennsylvania; and, R.2: Two (2) children were born of the marriage, Francis J. Lafferty, V, born October 9, 1999 and Emelia G. Lafferty, born August 4, 2004; and, R.3: Differences have arisen between the parties, in consequence of which they intend to live separate and apart; and, R.4: Wife filed a Complaint for Divorce in the Court of Common Pleas of Cumberland County in the Commonwealth of Pennsylvania, to above-captioned docket number; and, R.5: It is the desire and intention of the parties, to amicably adjust, compromise and settle all property rights, and all rights in, to or against the property or estate of the other, including property heretofore or subsequently acquired by either party, and to settle all disputes existing between them, including any claims or rights that they may have under the provisions of the Pennsylvania Divorce Code, as amended; and, R.6: Husband and Wife declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of their selection. Wife has been independently represented by Michael A. Scherer, Esquire, who is her separate counsel. Husband has been independently represented by Debra D. Cantor, Esquire, who is his separate counsel. NOW THEREFORE, with the aforementioned recitals being hereinafter incorporated by reference and deemed an essential part hereof and in consideration of the covenants and promises hereinafter to be mutually kept and performed by each party, as well as for other good and valuable consideration, receipt of which is hereby acknowledged, and the parties, intending to be legally bound, hereby agree as follows: 1. SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she from time to time may choose or deem fit, free from any control, restraint or interference from the other. Neither party shall disparage or discredit the other in any way, nor in any way injure his or her reputation; nor shall either of them act or permit anyone else to act in any way which might tend to create any disaffection or disloyalty or disrespect between the members of the family of either party. 2. DIVORCE: The parties acknowledge that-the marriage is irretrievably broken and that they will secure a mutual consent no-fault divorce decree in the above- captioned divorce action. Simultaneous with the execution of this Agreement, the parties shall execute the Affidavits of Consent and Waiver of Notice Forms necessary to finalize said divorce. Said Affidavits and Waivers shall be immediately filed with the Prothonotary's Office. If either party fails or refuses to execute and file the foregoing documents, said failure or refusal shall be considered a material breach of this Agreement and shall entitle the other party at his or her option to terminate this Agreement. 3. REAL PROPERTY: The parties are owners as tenants by the entireties of certain real property located at 24 West Maplewood Avenue, Mechanicsburg, Cumberland County, Pennsylvania (hereinafter "Marital Residence"). The property is encumbered by a first mortgage from Chase and a second mortgage from Metro Bank. The property is presently subject to a mortgage foreclosure action on the first mortgage. The parties are presently seeking advice from financial services counsel on addressing the foreclosure action. Husband has been in the process of discussions with Chase in an effort to modify the first mortgage terms with the goal of removing Wife from said obligation. If Husband can modify or otherwise remove wife's name from liability for all obligations against the home, wife shall deed her interest in the marital residence to husband without consideration. If husband cannot remove wife's name from the obligation for the first and second mortgage, wife may proceed as she determines is in her best interest, which may include finalizing the divorce and having the parties own 3 the property as tenants in common. Wife agrees to cooperate in any manner necessary to allow Husband to attempt to remove her name from said obligations. 4. TANGIBLE PERSONAL PROPERTY: The parties have divided their tangible personal property upon a basis which as nearly as possible equitable divides such property between them and each party shall keep as their separate property the items currently in their respective possessions. 5. INTANGIBLE PERSONAL PROPERTY: Husband has accrued benefits in an "ABA Retirement Fund." Husband shall transfer to wife from the ABA account the sum of$20,800.00 into a qualified account in wife's name alone by virtue of a Qualified Domestic Relations Order or by any other procedure required by the plan administrator. Said sum shall be subject to the gains and losses on such amount as a result of the stock market from the date of execution of this agreement until the entry of the QDRO. Wife shall prepare or have prepared a Qualified Domestic Relations Order for Husband's signature. Husband shall sign a release authorization, or any other documents required by the plan administrator for Wife to implement the terms of this paragraph. Husband shall keep as his separate property the remaining balance of the ABA Retirement Fund. Aside from the foregoing, the parties have equitably divided their intangible personal property and any such property shall become the separate asset of the party to whom the asset is presently titled. 6. ALIMONY: Husband shall pay Wife alimony in monthly installments of $1,500.00 commencing the month following the month in which the divorce decree is entered for a total of forty-eight (48) months. This amount is calculated on the 4 assumption of Wife's current earning capacity of$20,000. The alimony shall be modifiable upon changed circumstances including changes in employment, and shall terminate if wife cohabits with another party of the opposite sex, remarries, or if either party dies. Wife shall inform husband of her intent to remarry or cohabit 45 days prior to the event. Termination shall be retroactive to the occurrence of cohabitation, remarriage or death of either party. Said amount shall be taxable to Wife and deductible by Husband. Husband is entitled to receive profit sharing from his employer. Wife shall receive ten percent of the net profit share paid to husband throughout the year. Profit sharing is any lump sum, non-regular compensation paid to husband for his equity or ownership interest in Metzger Wickersham, exclusive of mileage or expense reimbursements. The term "net" means gross profit sharing less federal, state and local tax withholdings. The parties shall furnish one another their w-2's annually to verify incomes. Said W-2 shall be presented no later than February 15 of each year. It is the intent that alimony shall be modifiable based on a change in income. For Wife, this shall be a change in income in any form, including but not limited to base salary, incentive or bonus income. For Husband, change in income shall relate to base salary changes only, as Wife is being provided a share of Husband's profit share no matter the amount. Said profit share shall not be included as part of Husband's base salary. Should either party's employment or income change during the course of a calendar year, they shall inform the other party within 10 days of such a change. 3 It is agreed that Alimony shall be paid by Husband by wage attachment via the Domestic Relations Section. The parties shall cooperate with the entry of a support order to govern Alimony as soon as possible. Presently, a support Order through Domestic Relations requires husband to share a portion of his profit sharing with wife. Husband paid a joint debt to the West Shore County Club with part of his 2010 profit sharing check. Wife agrees that she received her entire portion of husband's profit sharing for 2010, and will make no claim for additional payment from husband for profit sharing for 2010. 7. DEBT: A. MARITAL DEBT: 1. Husband shall be solely liable to repay the following debts: • a. His student loans. b. HSBC c. Value City d. Paypal 2. Wife shall be solely liable to repay the following debts: a. Personal loan to Leland Patterson b. PSECU personal loan c. Visa d. Indebtedness related to the Honda Pilot which Wife formerly leased. 6 The parties will indemnify and hold one another harmless for the debts each party is assuming pursuant to this paragraph. The only debt listed above which is joint is the VISA account. Despite the ownership designation, Wife agrees that said charges are her separate debt and not marital. Should Wife file for bankruptcy or in any way make Husband liable for said debt, the obligation shall be repaid to Husband by a dollar for dollar return of alimony at such time as Husband shows proof that he paid the Visa debt. In the event Husband pays the VISA debt, the outstanding indebtedness shall be paid by the current amount of the monthly alimony obligation. Wife shall waive receipt of the number of monthly alimony payments necessary to fully reimburse Husband for said obligation. Thereafter, the alimony payments shall return to their regular payment schedule. Wife forever waives her entitlement for the alimony payments used for debt reimbursement. B. POST SEPARATION DEBT: Except as otherwise herein provided, in the event that either party contracted or incurred any debt since the date of - separation, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the debt may have been incurred. Said party shall indemnify and hold the other harmless from any obligation for this post separation debt. C: FUTURE DEBT: Except as otherwise herein provided, from the date of this agreement neither party shall contract or incur any debt or liability for which the other party or his or her property or estate might be responsible and shall indemnify 7 and save the other party harmless from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other party. 8. AFTER-ACQUIRED PROPERTY: Each of the parties shall own and enjoy, independently of any claims or rights of the other all real property and all items of personal property, tangible or intangible, hereafter acquired, with full power to dispose of the same as fully and effectively as though he or she were unmarried. Any property so acquired shall be owned solely by that party and the other party shall have no claim to that property. 9. LIFE INSURANCE: To the extent that husband has life insurance, he shall name wife as beneficiary to secure his payment of alimony in the initial amount of $72,000. This amount shall reduce on an annual basis based on the payment of alimony to Wife. Under no circumstances is Wife entitled to any insurance amount over and above the remaining gross balance of alimony owed to her. When husband's obligation to pay alimony expires, husband may remove wife as beneficiary on his life insurance policy, however husband shall continue to have life insurance naming Francis J. Lafferty, V and Emelia Grace Lafferty as the beneficiaries. 10. ATTORNEY'S FEES: Except as otherwise herein provided, each of the parties waives the right to receive a payment for counsel fees from the other, and each shall be responsible for his or her own counsel fees, costs and expenses, if such fees or expenses are incurred. 11. ADDITIONAL INSTRUMENTS: Except as otherwise herein provided, each of the parties shall from time to time, at the request of the other, execute, 8 acknowledge and deliver to the other party, within ten (10) days of any request to do so, any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 12. COMPLETE DISCLOSURE: Each of the Parties hereto acknowledges that he or she is aware of his or her right to seek discovery including, but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure. Each Party further acknowledges that he or she has had the opportunity to discuss with counsel, if desired, the concept of marital property under Pennsylvania law and each is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the courts of this Commonwealth or any other court of competent jurisdiction. The Parties do hereby acknowledge that there has been full and fair disclosure to the other of his or her respective income, assets and liabilities, whether such are held jointly, in the name of one party alone or in the name of one of the parties and another individual or individuals. Each party agrees that any right to further disclosure, valuation, appraisal or enumeration or statement thereof in this Agreement is hereby specifically waived, and other than provided herein, the parties do not wish to make or append hereto any further enumeration or statement. The Parties hereby acknowledge and agree that the division of assets as set forth in this Agreement is fair, reasonable and equitable, and is satisfactory to them. 9 13. RELEASE of ALL CLAIMS: Except as otherwise provided herein, each Party releases and discharges completely and forever the other from any and all right, title, interest or claim of past, present or future support, division of property, including income of gain from property hereafter accruing, right of dower or curtesy, the right to act as administrator or executor of the estate of the other, the right to a distributive share of the other's estate, any right of exemption in the estate of the other, or any other property rights, benefits or privileges accruing to either party by virtue of their marriage relationship, or otherwise, whether the same are conferred by statutory or common law of the Commonwealth of Pennsylvania, or any other state, or of the statutory or common law of the United States of America. Except as provided herein, the Parties specifically waive any and all rights that they may have to equitable distribution of marital property and/or alimony and counsel fees, except those counsel fees sought in the event of a breach of this Agreement, or any other marital rights as provided in the Pennsylvania Divorce Code, Act 26 of 1980 or any amendment thereto. Each party further releases the other from any and all claims or demands-up to the date of execution hereof and any other claims either party could raise which arise from the marriage, contract or otherwise. 14. SEPARABILITY of PROVISIONS: If any term, condition, clause or provision of this agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this agreement shall continue in full force, effect and operation. 10 15. GOVERNING LAW: All matters affecting the interpretation of this Agreement and the rights of the Parties hereto shall be governed by the laws of the Commonwealth of Pennsylvania. 16. INCORPORATION into DIVORCE DECREE: The Parties agree that this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. Upon entry of the Decree, the provisions of this Agreement may be incorporated by reference or in substance, but they shall not be deemed merged into such Decree. The Agreement shall survive any such Decree in Divorce, shall be independent thereof, and the Parties intend that all obligations contained in this Agreement shall retain their contractual nature in any enforcement proceedings, whether enforcement is sought in an action on the contact itself at law or in equity, or in any enforcement action filed in a Divorce action. 17. BREACH: It is expressly stipulated that in the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court cost and counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election; to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. 18. ENTIRE UNDERSTANDING: This Agreement constitutes the entire understanding between the parties and there are no covenants, conditions, representations, or agreements, oral or written, of any nature whatsoever, other than those herein contained. 11 19. AGREEMENT BINDING on PARTIES and HEIRS: It is understood and agreed that not only the Parties hereto, but also their heirs, administrators, executors and assigns, shall be bound by all the terms, conditions and clauses of this Agreement. 20. CHILDREN AS TAX DEDUCTIONS: Provided there is no reduction in Wife's alimony pursuant to paragraph six herein, Wife shall declare Emelia as a dependent for income tax purposes and Husband shall declare Francis as a dependent for income tax purposes. If Wife's alimony is reduced from it present amount as set forth in paragraph six herein, IRS regulations regarding children as tax deductions shall control which party claims which child, commencing for the tax year in which the alimony is reduced. The parties shall execute any documents necessary to effect these elections within 10 days of a request to do so. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have hereunto set their hands and seals to this Agreement the day and year first above written. WITNESS: r4-A01 fki 1 t T Michta . Scherer, Esquire J,ennifer La °r{y 7,I / De• • R. , an ► , Esquire Francis J. Lafferty, IV 12 . , COMMONWEALTH OF PENNSYLVANIA ) SS.• COUNTY OF ', / �%1t.,ok-" ) On this the ( day oft.2 %v1 , 2011, before me, the undersigned officer, personally appeared Francis J. Lafferty, IV, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. MYs a* vaNIA ! 7 ,��-c (.1/ r, yL1 G'zt1 "- Notarial Seal �>� Michelle C.Armour,Notary Public City of Harrisburg,Dauphin County My Commission Expires Oct.2,2013 COMMONWEALTH OF PENNSYLVANIA ) ) SS.: COUNTY OF ) On this the i r� day of +'' J °� , 2011, before me, the undersigned officer, personally appeared Jennifer Lafferty, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. My Commission Expires: / l Ij) +v�/, /1 i / f '1, /d 1 /�� - U1 COMMONWEALTH OF PENNSYLVANIA {f , r Notadaf Seal f j �t v Jennifer S.Lindsay,Notaty Public ( I Carlisle Born,Cie►rberYarrd County My Commission Expires Nov.29,2011 13 Member,Pennsylvania Association of Notaries JENNIFER LAFFERTY, • IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V CIVIL ACTION - LAW NO. 2007-5444 FRANCIS LAFFERTY, IV, • PACSES NO. 099109460 Defendant IN RE: PETITION TO ENFORCE ALIMONY ORDER OF COURT AND NOW, this 5th day of December, 2013, in accordance with the agreement of the parties, as announced in open court and in their presence, it is ordered and directed that the defendant pay to the plaintiff through the Domestic Relations Office the sum of $8, 000 . 00 forthwith, and an additional $8, 000 . 00 within thirty days of today. It is further directed that the defendant pay to plaintiff the sum of $500 . 00 for plaintiff' s attorney' s fees . The alimony provisions in the March 15, 2011, marital settlement agreement shall remain in full force and effect . By the Court, Y Kevin A . Hess, P. J. Michael A. Scherer, Esquire For the Plaintiff c) Andrew Norfleet, Esquire r ' ;-�n_°.- For the Defendant cnr- -..<17P. - t Domestic Relations Office c - b g C-Of es IrLe14 /.214//3 �"'1 --' . » ° INCOME WITHHOLDING FOR SUPPORT 0 ORIGINAL INCOME WITHHOLDING ORDERINOTICE FOR SUPPORT(IWO) /�� \U4L� A� � /Ac�d—� \ �� AMswosoxwo -- � � '— �— ' ' — ' ' --' O ONE-TIMEORDER/NOTICE FOR LUMP SUM PAYMENT 0-7— 5c4-14 V) \ —755 S O TERMINATION OF IWO Date: 04m01* U Child Support Enforcement(CSE)Agency OD Court 0 Attorney 0 Private Individual/Entity(Check One) NOTE: This IWO must be regular on its face.Under certain circumstances you must reject this IWO and return it to the sender(see IWO inntmct|nnnhttp:6/wwwanf.hhogumprngramnhmo/fo,mo/OM8'0970-0154 instructions.pdf). 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. StaterTribe/Territory Commonwealth of Pennsylvania Remittance Identifier(inclVe 01874 C"v,Cou"ty'u/m//nooCuwmE°L^mu Order Identifier: (See Addendum for order/docket information) Private Individual/Entity CSE Agency Case Identifier: (See Addendum for case summary) NORFLEET &LAFFERTY LLC RE: LAFFERTY, FRANCIS J. IV STE 202B Employee/Obliger's Name(Last, First,Middle) 1300 MARKET ST 136'52'8280 LEyWC)YNEPA17O43'142O 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 NOTE:This IWO must be regular on its face. Under certain circumstances you must reject Child(reriys Name(s)(Last,First, Middle) Child(ren)'s Birth Date(s) this IWO and return it to the sender(see IWO instructions htto://www.acf.hhs.gov/orograms/cse/forms/ Owa'0970'015* instructionspd ,If you receive this document from someone other than a Slate or Tribal CSE agency or a Court,a copy of the underlying order must be attached, 9308100315 See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This document is based on the support or withholding order from CUMBEL/\�/mCbUnty. Commonwealth of Pennsylvania (State/Tribe). You are required by law to deduct these amounts --mp / furtherobligor's income unW �� ` no\�ca� nn�° �� `n - $ 480,00 per month in current child support �c �� on` � 0.08 per month in poo�dueohUduuppo�' Arrears 12vvmeksmrgreater? 0y -- nm� cz—•� �c- -~cz � O.00per month incurrent cash medical eupportcz �1 -~ -ID CD � 0.00 per month in past-due cash medical support �n =c) u 1.500.00 per month in current spousal support --cc �� O.O0per month inpoo� �du� upouna| uuppo �c - �= 2.3 � 0.00 per month in other(must specify) for a Total Amount to Withhold of$ 1.990.00 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: � 451,23 per weekly pay period. 995,00 per semimonthly pay period (twice a month) � 818.41 per biweekly pay period (every two weeks) $ 1.S9O.00per 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 (Statm/Triba), 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 55% of disposable income for all orders. If the employee/obligor's principal place of employment is not within the Commonwealth of Pennsylvania /8tate/Tribu>, the employer can obtain withholding |imi\ohono. time requirements, and any allowable employer fees at h#p://vm^xw.onf.hhn.gov/prugramo/oae/nevvhire/omp|oyentontnoto/contnut_mep. h1mfor the employee/obligor's principal place of employment. Document Tracking Identifier OMB No 0970-0154 Form EN-028 11/13 � ` (1 Re�mhn �mdmv �um�a�dbvEmployer/IncomeW� �� . mu�bod��dtnan8OUin ^ accordance with 42 USC 8668/bX5\ 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: ' C�f�� L. Peck \ Th�ofJudge/Issuing O�n�|: - Date of Signature: MAY O 1 7814_ If the for a Tribe that is different from the State or Tribe that issu this order, a copy of this IWO must be provided to the employee/obligor. 0 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, PA YMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PA CSES 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. State'opooifiocontact and withholding information can hofound onthe Federal Employer Services website located at: http://vm^mv.aof.hho.gov/pmgmm»/uoa/nuvvhie/amp|oyar/oon\aoto/onntaot map.htm 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 SOU or Tribal CSE ogenny, 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 paymentspayable byincome iUhh g to the appropriate SDU oto a Tribal CSE agency. If this IWO instructs you to send a payment to an entityother than onuDu (a.g, payaU|e$othecuok�ieU party, court, orattorney), f this IWO was sent by a Court, Attorney, or Private 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 rert thdate whdi 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 |VV0a: If there is more than one IWO against this employee/obligor and you are unable to fully honor all |VVOa due to Federal, State, or Tribal withholding limits, you must honor all 1W0s 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/obligor'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 lump sum payments to this employee/obligor such as bonum*a, unmmieaiona, or severance pay. Contact the sender to determine if you are required to report and/or withhold lump 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 diectm, 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 emp|oymen\, refusing to emp|oy, or taking disciplinary action against an employee/obligor because of this IWO. Omesxp^ati" Date—05/31/2014.The 0MB Expiration Date has no bearing on the terminationdate of the IWO;it identifies the versionof the form currently in use. Form EN-028 11/13 Service Type M Page 2 of 3 Worker ID $IATT Employer's Name: NORFLEET&LAFFERTY LLC Employer FEIN: Employee/Obligor's Name: LAFFERTY, FRANCIS J. IV 0119101874 CSE Agency Case Identifier:(See Addendum for case summary) Order Identifier:(See Addendum for order/docket information) 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/obligor's 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 5%-to 55%and 65%-if the arrears are greater than 12 weeks. If 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 CCPA limit using the lower percentage. Additional Information: 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: 9308100315 Q This person has never worked for this employer nor received periodic income, Q This person no longer works for this employer nor receives periodic 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 Employer/Income Withholder: If you have any questions, contact WAGE ATTACHMENT UNIT(Issuer name) by phone at(717)240-6225, by fax at(717)240-6248, by email or website at:www.childsuoport.state.pa.us. Send termination/income status notice and other correspondence to:DOMESTIC RELATIONS SECTION, 13 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA. 17013(Issuer address). To Employee/Obligor: If the employee/obligor has questions, contact WAGE ATTACHMENT UNIT(Issuer name) by phone at(717)240-6225, by fax at(717)240-6248, by email or website at www.childsupport.state.pa.us. IMPORTANT:The person completing this form is advised that the information may be shared with the employee/obligor. OMB No. 0970-0154 Form EN-028 11/13 Service Type M Page 3 of 3 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: LAFFERTY, FRANCIS J. IV PACSES Case Numbe 080100480 PACSES Case Number 467100451 Plaintiff Name Plaintiff Name JENNIFER E. LAFFERTY JENNIFER E. LAFFERTY Docket Attachment Amount Docket Attachment Amount | O7'5444�|V�L � 1.500.00 00755 S 2007 $ 490.00 ChiN(en>'o Nomo(o): DOB Child(ren)'s Name(s): DOB FRANCIS J.LAFFERTY V 1009/99 EMELIA G.LAFFERTY 08/04/04 PACSES Case Number PACSES Case Number Plaintiff Name Plaintiff Name Docket Attachment Amount Docket 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 Docket Attachment Amont Docket Attachmen Amount $ 0.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB Addendum Form EN-028 11/13 Service Type M OMB w=.oenm,54 Worker ID $IATT JENNIFER LAFFERTY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2007-5444 CIVIL TERM FRANCIS LAFFERTY, IV, CIVIL ACTION LAW m co Defendant PACSES NO. 099109460 rn v c5 -1:' r --<r — cp �; PETITION FOR CONTEMPT 1—:-.,-: <-,:--:, >c) i _ AND NOW, comes Michael A. Scherer, Esquire, and respectfully represent 'as` follows: 1. On December 5, 2013, this Honorable Court entered and Order directing Francis Lafferty, IV to pay undersigned counsel's legal fees in the amount of $500.00. 2. Said fees have not been paid. 3. Undersigned counsel requested payment of the fees in a letter to attorney Lafferty on July 14, 2014. 4. Undersigned counsel has not heard from attorney Lafferty to date. 5. Judge Hess is assigned to this case. WHEREFORE, undersigned counsel requests this Honorable Court to schedule a hearing to consider whether attorney Lafferty is in contempt of the December 5, 2013 Order of Court. Respectfully submitted, BARIC SCHERER LLC Ntichia-I cherer, Esquire I.D. 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Jennifer Lafferty VERIFICATION I verify that the statements made in this Petition For Contempt 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: August 6, 2014 ;J. is ael A. Scherer, Esquire CERTIFICATE OF SERVICE hereby certify that on August 13, 2014, I, Jennifer S. Lindsay, secretary, of Baric Scherer LLC, did serve a copy of the Petition For Contempt, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Francis J. Lafferty, IV 433 North Newberry Street York, Pennsylvania 17040 JENNIFER LAFFERTY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2007-5444 CIVIL TERM FRANCIS LAFFERTY, IV, CIVIL ACTION LAW Defendant PACSES NO. 099109460 AND NOW, this /C day of ORDER Auf(Lod v , 2014, upon consideration of the within Petition For Contempt, a Rule is hereby issued upon Defendant, Francis Lafferty, IV, to show cause, if any there be, why the relief requested in the Petition should not be granted. Said Rule returnable within 2 0 days after service hereof. BY THE COURT, Michael A. Scherer, Esquire Baric Scherer LLC 19 West South Street Carlisle, Pennsylvania 17013 ✓ Francis J. Lafferty, IV 433 North Newberry Street York, Pennsylvania 17040 e,Ysi/sPY k Kevin A. Hess, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER E. LAFFERTY Plaintiff vs. FRANCIS J. LAFFERTY, IV Defendant Docket Number: 2007-5444 Civil Term PACSES Case Number: 099109460 DEFENDANT'S ANSWER TO PETITION FOR CONTEMPT AND NOW, in Answer to Michael A. Scherer, Esquire's Petition for Contempt, Defendant avers as follows: 1. Admitted in part, Denied in part. It is admitted that an agreement by Defendant to pay $500.00 in counsel fees was part of the resolution of the Petition originally filed by Plaintiff in this matter. From the bench, and in the written Order (attached hereto), Judge Hess indicated that the attorney fees were to be added to the arrears in this matter and be paid to the Plaintiff, not directly to Attorney Scherer. 2. Support and alimony Payments have been made to Plaintiff, and continue to be made. 3. Neither Admitted nor Denied. The letter dated July 14, 2014, and all correspondence sent from attorney Scherer's office has been misaddressed which has caused delay in delivery. 4. Admitted. 5. Admitted. WHEREFORE, Defendant respectfully requests that the Petition for Contempt be denied and dismissed. DATE: 7 y Respectfully submitted, Francis 3. . " e , IV 433 N. Newberry Street York, PA 17401 JENNIFER LAFFERTY, • • IN THE COURT OF COMMON PLEAS OF Plaintiff • . • CUMBERLAND COUNTY, PENNSYLVANIA V • • . CIVIL ACTION - LAW NO. 2007-5444 FRANCIS LAFFERTY, IV, : PACSES NO. 099109460 Defendant IN RE: PETITION TO ENFORCE ALIMONY ORDER OF COURT AND NOW, this 5th day of December, 2013, in accordance with the agreement of the parties, as announced in open court and in their presence, it is ordered and directed that the defendant pay to the plaintiff through the Domestic Relations Office the sum of $8,000.00 forthwith, and an additional $8,000.00 within thirty days of today. It is further directed that the defendant pay to plaintiff the sum of $500.00 for plaintiff's attorney's fees. The alimony provisions in the March 15, 2011, marital settlement agreement shall remain in full force and effect. By the Court, Michael A. Scherer, Esquire For the Plaintiff Andrew Norfleet, Esquire For the Defendant Domestic Relations Office W20/ :bg COIrt,g1s'a. r I €.S /.219/ 13 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER E. LAFFERTY Plaintiff vs. FRANCIS J. LAFFERTY, IV Defendant • Docket Number: 2007-5444 Civil Term PACSES Case Number: 099109460 CERTIFICATE OF SERVICE I, Francis J. Lafferty, IV, do hereby verify and confirm that I have served a copy of the attached Defendant's Answer to Petition for Contempt dated September 2, 2014, to Plaintiff's counsel as follows on this 2nd day of September, 2014 by United States First Class Mail, postage prepaid: Michael A. Scherer, Esquire Baric Scherer, LLC. 19 West South Street Carlisle, PA 17013 Respec r-• bmitted, Fr. cis J. Lafferty, IV 433 N. Newberry Street York, PA 17401 JENNIFER E. LAFFERTY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2007-5444 CIVIL TERM'? Gil FRANCIS J. LAFFERTY, IV, . PACSES NO. 099109460 2-r' Defendant : v r <CD -D PETITION TO SCHEDULE HEARING _-_-_,-.c..- "' c �? AND NOW, comes Michael A. Scherer, Esquire, Attorney for the Plaintiff; Jennifer E. Lafferty and respectfully represents as follows: 1. Jennifer E. Lafferty (hereinafter "Wife") filed a Petition For Contempt on July 14, 2012. 2. This Honorable Court issued a Rule on August 15, 2014 upon Francis J. Lafferty, IV (hereinafter "Husband") to show cause why Wife's request for relief should not be granted. 3. Husband answered the Rule on or about September 2, 2014. 4. Husband requests that Wife's Petition For Contempt be denied and dismissed. 5. Judge Hess is assigned to this case. WHEREFORE, Wife respectfully requests that this Honorable Court schedule a hearing and Order appropriate relief to Wife in this case. Respectfully submitted, BARIC SCHERER LLC Date: X11 v V�� Micha I A. Scherer, Esquire I.D. 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 VERIFICATION I verify that the statements made in the Petition To Schedule Hearing are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: Mic :el . Scherer, Esquire CERTIFICATE OF SERVICE I hereby certify that on September if , 2014, I, Jennifer S. Lindsay, secretary at Baric Scherer LLC, did serve a copy of the Petition To Schedule Hearing, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Francis J. Lafferty, IV 433 North Newberry Street York, Pennsylvania 17401 JENNIFER E. LAFFERTY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2007-5444 CIVIL TERM FRANCIS J. LAFFERTY, IV, : PACSES NO. 099109460 Defendant : ORDER OF COURT AND NOW, this /0% day of , 2014, upon consideration of the attached Petition To Schedule Hearing, a hearing is set in this matter for the 2 day of , 2014, at /: 3 ° a.m in Courtroom No. 4/ of the Cumberland County Courthouse, Carlisle, Pennsylvania, BY THE COURT, .7.----. Michael A. Scherer, Esquire Baric Scherer LLC 19 West South Street Carlisle, Pennsylvania 17013 ‹n cis J. Lafferty, IV 433 North Newberry Street York, Pennsylvania 17401 0_c) p es LEck., 9'PoPy fyl