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HomeMy WebLinkAbout07-5477Susan L. Ault, IN THE'COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY PENNSYLVANIA vs. . :.CIVIL ACmION' John G. Ault, NO. Q7.. ~Y77(,~,,,~~~ Defendant IN DIVORCE N O T I C E T O D E F E N D You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at: Office of the Prothonotary Cumberland County Court House 1 Courthouse Square Carlisle, PA 17013-3387 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 INOT 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 Susan L. Ault, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY PENNSYLVANIA vs. CIVIL ACTION _ John G. Ault, N0. D ~~ 5'y77 Cc,u;~ 1 `.,. Defendant IN DIVORCE ~OTICB OF RIt3HT TO COIIDt8RLI1~0 You are one of the parties in the above captioned action in divorce. By virtue of Section 202 of the Pennsylvania Divorce Code, it is a duty of the Court to advise both parties of the availability of counseling and upon request of either provide both parties a list of qualified professionals who provide such services. Accordingly, if you desire counseling a list of marriage counselors is available in the Office of the Prothonotary at: Office of the Prothonotary Cumberland County Court House 1 Courthouse Square Carlisle, PA 17013-3387 (Susan L. Ault, Plaintiff vs. John G. Ault, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION n N0. O'I'- S~ 7 7 c~G~ri~ Tu-- IN DIVORCE CONSOLID~1TaD COit1~I+~-IRT IR DIV~ORCR 1. Plaintiff is Susan L. Ault, a citizen of Pennsylvania, residing at 2304 Harvard Avenue, Camp Hill, Cumberland County, Pennsylvania. 2. Defendant is John G. Ault, a citizen of Fennsylvania, residing at 2304 Harvard Avenue, Camp Hill, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant are sui ~uris and have been bonafide residents of the Commonwealth of Pennsylvania for at least six months immediately preceding the filing of this Complaint. 4. The parties are husband and wife and were lawfully married on October 7, 1978, in Cumberland County, Pennsylvania. 5. The marriage is irretrievably broken. 6. Neither Plaintiff nor Defendant are in the military or naval service of the United States or its allies within the provisions of the Soldiers' & Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 7. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. '8. The Plaintiff has been advised of the availability of counseling and of the right to request that the Court require the parties to participate in counseling. COUNT I Request for a Fault Divorce Under 3301(a)(6) of the Divorce Cods 9. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 10. Defendant has offered such indignities to the Plaintiff, who is the innocent and injured spouse, as to render Plaintiff's condition intolerable and life burdensome. 11. This action is not collusive. 12. Plaintiff has been advised of the availability of counseling and that Plaintiff and Defendant have the right to request the Court to require the parties to participate in such counseling. WHEREFORE, Plaintiff respectfully requests that the Court enter a Decree of Divorce, pursuant to 3301(a}(6) of the Divorce Code. COUNT II Request for Divorce Due to Irretrievable Hrsakdororn Under 3301(c) of the Divorce Code 13. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 14. The marriage of the parties is irretrievably broken. 15. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an affidavit n 'I (consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. 16. Plaintiff has been advised of the availability of counseling and that Plaintiff and Defendant have the right to request the Court to require the parties to participate in such counseling. WHEREFORE, if both parties file affidavits to a divorce after (ninety (90) days have elapsed from the filing of this Complaint, Plaintiff respectfully requests the Court to enter a Decree of Divorce, pursuant to 3301(c) of the Divorce Code. COUNT III Request for Divorce Due to Irretrievable Hreakdo~va Under 3301(4) of the Divorce Code 17. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 18. The marriage of the parties is irretrievably broken. 19. After a period of two (2) years has elapsed from the date of separation, Plaintiff intends to file her affidavit of having lived separate and apart. 20. Plaintiff has been advised of the availability of counseling and that Plaintiff and Defendant have the right to request the Court to require the parties to participate in such counseling. WHEREFORE, if two (2) years have elapsed from the date of separation and Plaintiff has filed her affidavit, Plaintiff respectfully requests the Court to enter a Decree of Divorce, pursuant to 3301(4) of the Divorce Code. covNr iv Request for.Rquitable Distribntioa of 1[arital Property ilader 3104, 3323, 35x'01,, 3502 aad 3503 of the Divorce Cods 21. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 22. Plaintiff and Defendant have acquired property, both real and personal during their marriage from the date of said marriage until ,the date of their separation. 23. Plaintiff and Defendant have been unable to agree as to an equitable distribution of said property. WHEREFORE, Plaintiff respectfully requests the Court to equitably distribute the marital property of the parties, pursuant to 3104 and 3502 (a) of the Divorce Code. C~~1~Z~i1 Request for Alimoay Peadeate Lite aad Alimony uadsr 3104, 3323, 3701, 3702 aad 3704 of the Divorce Code 24. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 25. Plaintiff is unable to sustain herself during the course of litigation. 26. Plaintiff lacks sufficient property to provide for her reasonable needs and is unable to sustain herself through appropriate employment. 27. Defendant has the means and ability to pay Alimony Pendente Lite and Alimony to Plaintiff. WHEREFORE, Plaintiff requests the Court to enter an award of alimony pendente lite until final hearing and thereupon to enter an Order of alimony in her favor. COIINT VI Request for Counsel !'ess, Costa and 3~eases IIader 3104, 3323, 350Z(e) cad 370a of the Divorce Coda 28. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 29. Plaintiff has employed Mary A. Etter Dissinger, of the law firm of Dissinger and Dissinger to represent her in this matrimonial cause. 30. Plaintiff is unable to pay the necessary. counsel fees, costs, and expenses and Defendant is more than able to pay them. WHEREFORE, reserving the right to apply to the Court for temporary counsel fees, costs and expenses, prior to final hearing, Plaintiff requests that, after final hearing, the Court order Defendant to pay Plaintiffs reasonable counsel fees, costs and expenses. Respectfully submitted, DISSIII~f38R and DI88INObR ~-C ~~~bvr ~1 0 `~ Mary A. Etter Dissinger 0 Attorney for Plaintiff Supreme Court ID # 27736 28 N. 32nd Street Camp Hill, PA 17011 (717) 975-2840 (717) 975-3924- fax VERIFICATION I, Susan L. Ault, verify that the statements made in the Divorce 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. ,~/~ 1t~Jaric/% 5 . C~ Susan L. Ault, Plaintiff ~ ~ ~ ~ 0o W v V ti .. cu ~ v W ~ b v C o ~ ~ ~r-~ ~ rn f :r ~ ~' c ~'- ~ ~. r ~ ~.> ~. c_ o ~ ~ Susan L. Ault, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY PENNSYLVANIA vs. CIVIL ACTION John G. Ault, N0. 07-5477 Defendant IN DIVORCE MOTION FOR HEARING ON PLAINTIFF'S PETITION FOR ALIMONY PENDENTE LITE AND NOW comes Mary A. Etter Dissinger, Esquire, counsel for Susan L. Ault, and requests the Court to schedule a hearing on her Petition for Alimony Pendente Lite. Respectfully Submitted, DISSINGER & DISSINGER Mary A! Etter Dissinger,` Attorney at Law Supreme Court ID #27736 28 North Thirty-second Street Camp Hill, PA 17011 (717)975-2$40 Y Susan L. Ault, Plaintiff vs. John G. Ault, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION N0. 07-5477 IN DIVORCE CERTIFICATE OF SERVICE I, Mary A. Etter Dissinger, hereby certify that on the date set forth below I served a true and correct copy of the foregoing document upon the attorney for Defendant, Kristopher T. Smull, by First Class United States mail addressed as follows: Kristopher T. Smull, Esquire Maria P. Cognetti & Associates 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Date :.~! ~~ ~ ~ L~l _, Mary A. Etter Dissinger r_ ~~ n t~ ~ ~ ., A ,a ~. C3 ~ -r~ ~ . -n -~, i r ~ ; ~ _._.k i~ ~~ ~ [: N ~' = ~~ N ~T -- ' ., A~... .~.C i :~~ ~n . ~:~ Susan L. Ault, Plaintiff vs. John G. Ault, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION N0. 07-5477 IN DIVORCE ACCEPTANCE OF SERVICE / ENTRY OF APPEARANCE I, Kristopher T. Smull, Esquire, hereby enter my appearance on behalf of the John G. Ault, Defendant, and accept service of the Consolidated Complaint in Divorce, which was delivered to me on ~e ~~~/' ~ 2 0 0 7 . Kristop er T. Attorney for Supreme Court 210 Grandview Camp Hill, PA (717)909-4060 f Smu11, Esq. ref ends ~~ ID # ~ Avenue, Suite 102 17011 ° ~ ~ "C}i'C' C" ~ ~ --7 ~ +:..-' ` ~ ~ '~ r;t ? ~'`" ~.~ 4 ~J 'e rr C~ SUSAN L. AULT, THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION -DIVORCE . NO. 07-5477 CIVIL TERM JOHN G. AULT, IN DIVORCE Defendant/Respondent PACSES CASE NO: 437109551 ORDER OF COURT AND NOW, this 22nd day of October, 2007, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear beforeR. J. Shadday on November 21.2007 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 Vi~2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11© (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you If you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, Edgar B. Bayley, President Judge Copies mailed to: Petitioner Respondent Mary Etter-Dissinger, Esq. Kristopher T. Smull, Esq. Date of Order: October 22, 2007 ' . ~.~r . J. Sh day, onference Officer / .. YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 s-' ~ ~ ~~ ~ . ,. 'r ~ ~ y ~'" yf.,, r .t s . ~ ~, y ' t i , ~'" ' - . r ~ c~'z ~, •- ~ ", ` ~? ._.,y .~ ~ ~+. SUSAN L. AULT, Plaintiff/Petitioner VS. JOHN G. AULT, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -DIVORCE NO. 07-5477 CIVIL TERM IN DIVORCE PACSES CASE ID: 437109551 ORDER OF COURT AND NOW, this 21st day of November, 2007, based upon the Court's determination that Petitioner's monthly net income/earning capacity is $1,541.30 and Respondent's monthly net income/earning capacity is $2,698.32, it is hereby ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit Three Hundred Eighty Nine and 00/100 Dollars ($389.00) per month payable as follows: $389.00 per month for Alimony Pendente Lite and $0.00 per month on arrears. First payment due: first pay date in December 2007 at a rate of $194.50 semi- monthly. The effective date of the order is October 22, 2007. Arrears set at $0.00 as of November 21, 2007. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa.C.S.§ 3703. Further, if the Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and, at its discretion, make an appropriate Order, including, but not limited to, commitment of the Respondent to prison for a period not to exceed six months. Said money to be turned over by the PA SCDU to: Susan L. Ault. Payments must be made by check or money order. All checks and money orders must be made payable to PA SCDU and mailed to: PA SCDU P.O. Box 69110 Harrisburg, PA 17106-9110 Payments must include the Respondent's PACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. cc360 r- ~ [X] Respondent [] Petitioner [] Neither party to provide medical insurance coverage. Within thirty (30) days after the entry of this order, the [] Petitioner [X] Respondent shall submit to the other party written proof that medical insurance coverage has been obtained or that application for coverage has been made. Proof of coverage shall consist, at a minimum, of: 1) the name of the health care coverage provider(s); 2) any applicable identification numbers; 3) any cards evidencing coverage; 4) the address to which claims should be made; 5) a description of any restrictions on usage, such as prior approval for hospital admissions, and the manner of obtaining approval; 6) a copy o the benefits booklet or coverage contract; 7) a description of all deductibles and co-payments; and 8) five copies of any claim forms. Effective January 1, 2008, the Alimony Pendente Lite Order is decreased to $382.00 per month due to the increased cost of medical insurance. The Respondent is given credit in the amount of $516.89 for direct payemtn to the Petitioner on this date. This Order shall become final twenty (20) after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Prothonotary for a hearing de novo before the Court. Consented: Petitioner Respondent Petitioner's Attorney Respondent's Attorney BY THE COURT, . Wesley Oler,l~r., J. Mailed copies on: @~U ~ Z 7 207 to: Petitioner Respondent Mary A. Dissinger, Esq. Kristopher T. Smull, Esq. DRO: R.J. Shadday ('~ na C r x ~ ~ ~' ' .+?. C.:J T !" - ~ '"' • ` 3 ) 1. 'r ti ZeR ~ ~ •. ~^y . l .' ~+til ~t!! ~~ ~~ "+~ 437109551 07-5477 CIVIL ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dirt. Of CUMBERLAND Date of Order/Notice 11/21/07 Case Number (See Addendum for case summary) EmployedWithholder's Federal EIN Number IBM CORPORATION PAYROLL SVCS** C/O GARNISHMENT DEPT 1701 NORTH ST ENDICOTT NY 13760-5553 RE: AULT, JOHN G. Employee/Obligor's Name (Last, First, MI) 185-38-6931 Employee/Obligor's Social Security Number 1876101895 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 389 . oo per month in current support $ o . oo per month in past-due support Arrears 12 weeks or greater? Qyes (~ no $ o . oo per month in current and past-due medical support $ o . o o per month for genetic test costs $ o . oo per month in other (specify) for a total of $ 389.00 Per month to be forwarded to payee below. You do not have to vary your pay cycle to be incompliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 89.77 per weekly pay period. $ 179.54.,per biweekly pay period (every two weeks). $ 194.50 per semimonthly pay period (twice a month). $ 389.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If required by Pennsylvania law (23 PA C.S. § 4374(b)) to remit by electronic payment method, please call Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER /N ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: Date of Order: X09 ~ „ ~ ~ _ 7 ~ G ~'? _ ~ J DRO: R.J. SHADDAY Service Type M OMB No.: 0970A1 O Original Order/Notice Q Amended Order/Notice Q Terminate Order,/Notice OLER, ~R. , ~ L- JUDGE Form EN-028 Rev. 1 Worker ID $IATT a~- 369 x 1~.s W ~ 4 t / T . ~'~ }'~ X ~~•~' ~.: ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ^ If heck you are required to provide a copy of this form to your m loyee. If yo r employee works in a state tha is di~ferent from the state that issued this order, a copy must be provic~edpto your emp~oyee even if the box is not chec~ed. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee%bligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee%bligor. 3.* . You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee%bligoranct you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below} 5. Termination Notification: You must promptly notify the Requesting Agency when the employee%bligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 1308719850 EMPLOYEE'S/OBLIGOR'S NAME: AULT, JOHN G. EMPLOYEE'S CASE IDENTIFIER: 1876101895 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the emptoyee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee%bligorfrorn employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Ad (15 U.S.C. §1673 (b)1; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. For tribal orders, you may not withhold more than the amounts allowed under the law of the issuing tribe. For tribal employers who receive a state order, you may not withhold more than the amounts allowed under the law of the state that issued the order. 10. Additional Info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11.Submitted By: If you or your employee%bligor have any questions, AOMESTIC RELATIONS SECTION contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 Service Type M by telephone at (717) 240-6225 or by FAX at X71 ~ 240-6248 or by Internet www.childsupport.state.pa.us Page 2 of 2 OMB NO.: 0970-0154 Form EN-028 Rev. 1 Worker ID $IATT ADDENDUM Summary of Cases on Attachment DefendantlObligor: AULT, JOHN G. PACSES Case Number 437109551 Plaintiff Name SUSAN L. AULT Docket Attachment Amount 07-5477 CIVIL$ 389.00 Child(ren)'s Name(s): DOB ®If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. >;: ^ If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. ^ If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo ^ If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo ^ If checked, you are required to enroll the child(ren) ^ If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available identified above in any health insurance coverage available through the employee's/obligor's employment. through the employee's/obligor's employment. Addendum Form EN-028 Rev. 1 Service Type M Worker ID $IATT OMB No.: 0970-0154 _.- -t -r, ~~`'; ~ "~ -rZ = ~''~ - r,~ ~ - ~ r: ~ -'j .Ys C" tip - . i. +~ .+:.~. "= . ~~ ; _~.. M „'~, ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dirt. of CUMBERLAND Date of Order/Notice 01/02/08 Case Number (See Addendum for case summary) EmployerMJithholder's Federal EIN Number IBM CORPORATION PAYROLL SVGS** C/O GARNISHMENT DEPT 1701 NORTH ST ENDICOTT NY 13760-5553 185-38-6931 Employee/Obligor's Social Security Number 1876101895 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. Sy law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 382.00 per month in current support $ o . oo per month in past-due support Arrears 12 weeks or greater? Qyes ®no $ o . oo Per month in current and past-due medical support $ o . oo Per month for genetic test costs $ o . oo per month in other (specify) for a total of $ 382 . oo Per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 88.15.per weekly pay period. $ 176,'.ill.Per biweekly pay period (every two weeks). $ 191. oo per semimonthly pay period (twice a month). $ 382 . oo per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If required by Pennsylvania law (23 PA C.S. § 4374(b)) to remit by electronic payment method, please call Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COUNT: ~ ~ Date of Order: ~ ~ tf _ 1 Q .~ DRO: R, J. SHADDAY Service Type Iy OMB No.:0970-01 437109551 Q Original Order/Notice 07-5477 CIVIL O Amended Order/Notice Q Terminate Order/Notice RE: AULT, JOHN G. Employee/Obligor's Name (Last, First, MI) Form EN-028 Rev. 1 Worker I D $ IATT 382 x 1~•~ ~2' ~- 88.15 X82• ~ 1~.s ~\ 26• ~ 76.31 ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ^ If ~hecke~l you are required to provide a Gopy of this form to pourdem~loyee. If yprry mployee v~rorks in a state that is di Brent Trom the state that issued this order, a copy must be rove a to our em o ee even if t e box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee%bligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee%bligor. 3.* . You must comply with the law of the state of the employee's/obligor's principal place of employment with respell to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee%bligoranll you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee%bligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 13o8~19a5o EMPLOYEE'S/OBLIGOR'S NAME: AULT, JOHN G. EMPLOYEE'S CASE IDENTIFIER: 1876101895 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee%bligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee%bligorfrorn employment, refusing to employ, or taking disciplinary action against any employee%bligorbBcause of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: i) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.C. §1673 (b)1; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. For tribal orders, you may not withhold more than the amounts allowed under the law of the issuing tribe. For tribal employers who receive a state order, you may not withhold more than the amounts allowed under the law of the state that issued the order. 10. Additional Info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. ~ t.Submitted By: If you or your employeelobligor have any questions, DOMESTIC RELATIONS SECTION contact WAGE ATTACHMENT UNIT _ 13 N. HANOVER ST P.O. 80X 320 CARLISLE PA 17013 Service Type M by telephone at (717) 240-6225 or by FAX at (71 ~ 240-6248 or by Internet www.childsupport.state.pa.us Page 2 of 2 OMB No.: 0970-0154 Form EN-028 Rev. 1 Worker ID $IATT ADDENDUM Summary of Cases on Attachment DefendanUObligor: AULT, JOHN G. PACSES Case Number 437109551 Plaintiff Name SUSAN L. AULT Docket Attachment Amount 07-5477 CIVIL$ 382.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): DOB ^ If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): DOB . ...................... ^ If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. ^ If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. ^ If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. ^ If checked, you are required to enroll the child(ren) ^ If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available identified above in any health insurance coverage available through the employee's/obligor's employment. through the employee's/obligor's employment. Addendum Form EN-028 Rev. 1 Service Type M Worker ID $IATT OMB No.: 0970-0154 ~"'} ~.a '`' ~ ~ .. ..,,,j :. 2 i,,.:r ~ ' _ r ~ 1...3 3 ... C._.. .~ ~ `t 4 ! „s - .~ ,.: -mot t> -S~ Cif •°~ ~ - ~,. SUSAN L. AULT, Plaintiff v. JOHN G. AULT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION PACSES N0.437109551 NO.07-5477 SUPPORT PRAECIPE TO ENTER AND WITHDRAW APPEARANCE Kindly withdraw the appearance of Kristopher T. Smull, Esquire and Maria P. Cognetti and Associates on behalf of the above-named Defendant, John G. Ault, in connection with the above captioned matter. oy. SKio`( Kindly enter the appearance of Kristopher T. Smull, Esquire and Robinson & Geraldo, on behalf of the above-named Defendant, John G. Ault, in connectj.gn with the above captioned matter. Date: J U o Knlsfo~her'`i`. "mull, Esquire ROBINSON & GERALDO Attorney I.D, No. 69140 4407 North Front Street P.O. Box 5320 Harrisburg, PA 17110 Telephone No. (717) 232-8525 +R _.. CERTIFICATE OF SERVICE I, Kristopher T. Smull, Esquire, do hereby certify that on the ~ day of May, 2008, I caused a true and correct copy of the Praecipe to Enter and Withdraw Appearance to be served upon the following individual by first class mail by depositing same in the United States, postage prepaid, in Harrisburg, Pennsylvania. Mary A. Dissinger, Esquire 400 South State Road Marysville, PA 17053 ROBINSO & DO ,~ By: Kristo h . Smull, Esquire c°,~ m 'cr ~~, ~ w. -e rn?} F -.. r , .. ~ -'a ::--~ ' . ~ ~ .. 1, ..1 ~~ ~~ ~ ~.~i a ; ROBINSON & GERALDO KRISTOPHER T. SMULL, ESQUIRE Attorney LD. No. 69140 2505 North Front Street P.O. Box 5320 Harrisburg, PA 17110 Telephone No. (717) 232-8525 Attorneys for Defendant SUSAN L. AULT, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 07-5477 CIVIL TERM JOHN G. AULT, CIVIL ACTION- LAW Defendant IN DIVORCE MOTION FOR APPOINTMENT OF MASTER John G. Ault, Defendant, moves the court to appoint a master with respect to the following claims: (X) Divorce O Annulment (X) Alimony (X) Alimony Pendente Lite (X) Distribution of Property () Support (X) Counsel Fees (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 Plaintiff has appeared in the action by her attorney Mary A. Dissinger, Esquire. 3. The statutory grounds for divorce are irretrievable differences under section 3301(c) and separation for in excess of two (2) years under section 3301(d). 4. Delete the inapplicable paragraphs: c. The action is contested with respect to the following claims: property distribution, alimony, costs and expenses, and counsel fees. 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take approximately ahalf--day. 7. Additional information, if any, relevant to the motion: None. Date: `~ Z~ I G 1 Respectfully submitted, ROBINSON & GERALDO By: ' opher T. mull, squire Attorney for Defendant ORDER APPOINTING MASTER AND NOW, , 20 , is appointed master with respect to the following claims: Esquire By the Court: J. CERTIFICATE OF SERVICE ~~"` I, Kristopher T. Smull, do hereby certify that on the Z~ day of November, 2009, I caused a true and correct copy of Defendant's Motion for Appointment of Master to be served upon the following individual(s) by first class mail: Mary A. Dissinger, Esquire 400 South State Road Marysville, PA 17053 Respectfully submitted, ROBINSON & GERALDO By: Krist her T. Sm 11, Esquire rat,%I~ -~ _ - ~ ;~~:. u~. 2~G9 ~~C - ! ~a ~ 2~ :~~ 1~` t : ~ . ,3 ~U!`:: _ ~ '~, s. ~f:4 t. ~,~ SUSAN L. AULT, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 07-5477 CIVIL TERM JOHN G. AULT, CIVIL ACTION- LAW Defendant IN DIVORCE NOTICE If you wish to deny any of the statements set forth in the affidavit, you must file a counter-affidavit within twenty (20) days after this affidavit has been served on you or the statements will be admitted. DEFENDANT'S AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on February 14, 2007 and have continued to live separate and apart for a period of at least two years. 2. 'The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: November 23 2009 ~'.i ohn G. Ault, Defendant ~,~ Tyr ~;-.,-,;~,:,~,~TA~Y 20D9 F~~s`~ 30 P;'°~ i2~ ~~ W'~ ~~= :,- ROBINSON & GERALDO KRISTOPHER T. SMULL, ESQUIRE Attorney I.D. No. 69140 2505 North Front Street P.O. Box 5320 Harrisburg, PA 17110 Telephone No. (717) 232-8525 Attorneys for Defendant SUSAN L. AULT, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 07-5477 CIVIL TERM JOHN G. AULT, CIVIL ACTION- LAW Defendant IN DIVORCE INVENTORY OF DEFENDANT, JOHN AULT Defendant, John G. Ault, files the following inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. Respectfully submitted: ROBINSON & GERALDO Date: November 24, 2009 By: KRI PH T. S ULL, ESQUIRE Attorne I.D. No. 69140 2505 North Front Street P.O. Box 5320 Harrisburg, PA 17110 Telephone No. (717) 232-8525 Attorney for Defendant ASSETS OF PARTIES Defendant marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. ( ) 1. Real property (X) 2. Motor Vehicles ( ) 3. Stocks, bonds, securities and options ( ) 4. Certificates of deposit ( ) 5. Checking accounts, cash ( ) 6. Savings accounts, money market and savings certificates ( ) 7. Contents of safe deposit boxes ( ) 8. Trusts (X) 9. Life insurance policies (indicate face value, cash surrender value and current beneficiaries) ( ) 10. Annuities ( ) 11. Gifts ( ) 12. Inheritances ( ) 13. Patents, copyrights, inventions, royalties ( ) 14. Personal property outside the home ( ) 15. Businesses (list all owners, including percentage of ownership, and officer/director positions held by a party with company) ( ) 16. Employment termination benefits -severance pay, workmen's compensation claim award ( ) 17. Profit sharing plans (X) 18. Pension plans (indicate employee contribution and date plan vests) (X) 19. Retirement plans, Individual Retirement Accounts ( ) 20. Disability payments ( ) 21. Litigation claims (matured and unmatured) ( ) 22. MilitaryN.A. benefits ( ) 23. Education benefits (X) 24. Debts due, including loans, mortgages held (X) 25. Household furnishings and personalty (include as a total category and attach itemized list of distribution of such assets is in dispute) ( ) 26. Other MARITAL PROPERTY Defendant lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced: Item Number Description of Property Names of all Owners 1. 2006 Nissan Altima Husband 2. 2005 Mazda 6 Wife 3. Sovereign Bank Joint Account Wife 4. Life Insurance (Met Life) Husband 5. IBM Savings Plan Husband 6. IBM Personal Pension Plan Husband 7. Household items and Personalty Husband and Wife NON-MARITAL PROPERTY Defendant lists all property in which a spouse has a legal or equitable interest which is claimed to be excluded from marital property: Item Number Description of Property Reason for Exclusion 1. 2. PROPERTY TRANSFERRED Item Number Description of Property Date of Transfer Consideration Person to whom Transferred 1 Marital Home - 2304 Harvard Ave., Camp Hill, PA 10/22/07 $130,000 LIABILITIES Item Number Description of Property Names of All Creditors Names of All Debtors 1. Visa Credit Card Sovereign Bank Husband and Wife 2. 3. 4. 5. 6. VERIFICATION I, John G. Ault, verify that the statements made in the forgoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: ~y1~3 Ztk~ John G. Ault CERTIFICATE OF SERVICE I, Kristopher T. Smull, do hereby certify that on the ~~~~ day of November, 2009, I caused a true and correct copy of Defendant's Inventory and Appraisement to be served upon the following individual(s) by first class mail: Mary A. Dissinger, Esquire 400 South State Road Marysville, PA 17053 Respectfully submitted, ROB N ON & GERALDO By: top r T. Smull, Esquire 2Gu~ ~'Ls'd ~J C i'- i2~ wi i _ } / 1. 4 ROBINSON & GERALDO KRISTOPHER T. SMULL, ESQUIRE Attorney I.D. No. 69140 2505 North Front Street P.O. Box 5320 Harrisburg, PA 17110 Telephone No. (717) 232-8525 Attornevs for Defendant SUSAN L. AULT, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v NO. 07-5477 CIVIL TERM JOHN G. AULT, CIVIL ACTION- LAW Defendant IN DIVORCE DEFENDANT'S ANSWER TO PLAINTIFF'S COMPLAINT IN DIVORCE AND NOW, comes Defendant, John G. Ault, by and through his attorney, Kristopher T. Smull, Esquire, and files the following Answer to Plaintiffls Complaint in Divorce: 1. Admitted with clarification. It is admitted that the Plaintiff was living at 2304 Harvard Ave., Camp Hill, Cumberland County, Pennsylvania at the time of the filing of the Complaint; however, Plaintiff no longer resides at said address as the home has been sold. 2. Admitted with clarification. It is admitted that the Defendant was living at 2304 Harvard Ave., Camp Hill, Cumberland County, Pennsylvania at the time of the filing of the Complaint; however, Defendant no longer resides at said address as the home has been sold. 3. Admitted. 4. Admitted. S. Admitted. 6. Admitted. .. ~ , 7. Admitted. 8. Admitted. COUNT I -REQUEST FOR FAULT DIVORCE UNDER 3301(al(61 OF THE DIVORCE CODE 9. No answer is required under the Pennsylvania Rules of Civil Procedure. 10. Denied. It is denied that Defendant has offered indignities to the Plaintiff of that he has made her condition intolerable and burdensome. 11. Admitted. 12. Admitted. WHEREFORE, Defendant respectfully requests that this Honorable Court deny Plaintiff s requested relief. COUNT II -REQUEST FOR DIVORCE FOR IRRETRIEVALBLE BREAI~OWN UNDER 3301(c) OF THE DIVORCE CODE 13. No answer is required under the Pennsylvania Rules of Civil Procedure. 14. Admitted. 15. Admitted and denied. It is admitted that Defendant is ready, willing and able file an affidavit consenting to a divorce. It is denied that Plaintiff intends to do so as she has not done so to date. 16. Admitted. WHEREFORE, Defendant respectfully requests that this Honorable Court to enter a Decree in Divorce upon the filing of affidavits of consent by both parties. COUNT III -REQUEST FOR DIVORCE FOR IRRETRIEVALBLE BREAI~OWN UNDER 3301(dl OF THE DIVORCE CODE 17. No answer is required under the Pennsylvania Rules of Civil Procedure. 18. Admitted. 19. Denied. The parties have lived separate and apart for a period of two (2) years and nine (9) months, however, Plaintiff has not yet filed said affidavit. By way of further answer, Defendant will file, simultaneously with this Answer, his own affidavit of separation indicating that the parties have lived separate and apart for over two (2) years. 20. Admitted. WHEREFORE, Defendant respectfully requests that this Honorable Court to enter a Decree in Divorce upon the filing of his affidavit pursuant to section 3301(d) of the Divorce Code. COUNT IV -EQUITABLE DISTRIBUTION 21. No answer is required under the Pennsylvania Rules of Civil Procedure. 22. Admitted. 23. Admitted. WHEREFORE, Defendant requests your Honorable Court to enter an order of equitable distribution of marital property pursuant to the relevant factors. COUNT V -ALIMONY PENDENTE LITE AND POST-DIVORCE ALIMONY 24. No answer is required under the Pennsylvania Rules of Civil Procedure. 25. Denied. Defendant believes, and therefore avers, that Plaintiff has made no efforts to attempt to sustain herself throughout this litigation; however, she is capable of doing so. 26. Denied. It is denied that Plaintiff lacks sufficient property to provide for her reasonable needs and is unable to sustain herself through appropriate employment. 27. Denied. It is denied that Defendant has the means and ability to pay Alimony Pendente Lite and Alimony to the Plaintiff. WHEREFORE, Defendant respectfully requests this Honorable Court to deny Plaintiff s requested relief. COUNT VI -COUNSEL FEES, COSTS AND EXPENSES 28. No answer is required under the Pennsylvania Rules of Civil Procedure. 29. Admitted. 30. Denied. It is denied that Plaintiff is unable to pay her necessary counsel fees, costs and expenses or that Defendant is more able to pay them. WHEREFORE, Defendant respectfully requests this Honorable Court to deny Plaintiffs requested relief. Respectfully submitted: ROBINSON & GERALDO Date: November 24, 2009 By; I~:1~~5/TOPH~~'. SMULL, ESQUIRE At ' ey LD. No. 69140 2505 North Front Street P.O. Box 5320 Harrisburg, PA 17110 Telephone No. (717) 232-8525 Attorney for Defendant VERIFICATION 1, John G. Ault, verify that the statements made in the forgoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: ~t x3 Ztx~ ~ ,,/" ~~~ ;.~l John G. Ault CERTIFICATE OF SERVICE `~'1 I, Kristopher T. Smull, do hereby certify that on the ~ ~ day of November, 2009, I caused a true and correct copy of Defendant's Answer to Plaintiffs Complaint in Divorce to be served upon the following individual(s) by first class mail: Mary A. Dissinger, Esquire 400 South State Road Marysville, PA 17053 Respectfully submitted, ROBINSO GERALDO By: 's phe T. S 11, Esquire . r RO$INSON & GERALDO KRISTO~HER T. SMULL, ESQUIRE Attorney I.D. No. 69140 2505 North Front Street P.O. Box 5320 Harrisburg, PA 17110 Telephone No. (717) 232-8525 Attorneys for Defendant SUSAN L. AULT, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v, NO. 07-5477 CIVIL TERM JOHN G. AULT, CIVIL ACTION- LAW Defendant IN DIVORCE MOTION FOR APPOINTMENT OF MASTER John G. Ault, Defendant, moves the court to appoint a master with respect to the following claims: (X) Divorce () Annulment (X) Alimony (X) Alimony Pendente Lite and in support of the Motion states: (X) Distribution of Property () Support (X) Counsel Fees (X) Costs and Expenses 1. Discovery is complete as to the claims for which the appointment of a master is requested. 2. The Plaintiff has appeared in the action by her attorney Mary A. Dissinger, Esquire. 3. The statutory grounds for divorce are irretrievable differences under section 3301(c) and separation for in excess of two (2) years under section 3301(d). 4. Delete the inapplicable paragraphs: c. The action is contested with respect to the following claims: property distribution, alimony, costs and expenses, and counsel fees. 5. The action does not involve complex issues of law or fact. 07- s~~7 .~ 6. The hearing is expected to take approximately ahalf--day. 7. Additional information, if any, relevant to the motion: None. Date: I ~ Z~ I G 1 Respectfully submitted, ROBINSON & GERALDO By: ' opher T. mull, squire Attorney for Defendant ORDER APPOINTING MASTER AND NOW, A~C~K.~iYt ~ , 20 p ~' , (j~, /~I'~Gy~ La~~~.Esquire is appointed master with respect to the following claims:_ ,~c,Q~ ~l~i ,~, T ~' i B e Co ,,.1 G~ J. .. r • : !. r. 2~J~ ~l~C .~ r~~ii ! f ~ . c • ~ r ~~;+ C . ~ ~~.. .=}~. n ~r ~ ~ . S',~.wl.C. ~ _~j ~ts~;~x r~ - In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION SUSAN L. AULT ) Docket Number: 07-5477 CIVIL Plaintiff ) vs. ) PACSES Case Number: 437109551 JOHN G. AULT ) Defendant ) Other State ID Number: c PETITION FOR MODIFICATION OF AN EXISTING SUPPORT ORDER --oz to .1 >: C- C v c-? CA) f?} 1. The petition of JOHN G. AULT respectfully represents that on NOVEMBER 21, 2007, an Order of Court was entered for the support of SUSAN L. AULT A true and correct copy of the order is attached to this petition. ..,..4 C. Form OM-501 Service Type M Worker ID 21205 AULT v. AULT PACSES Case Number: 437109551 2. Petitioner is entitled to O increase O decrease O termination O reinstatement 'O' other of this Order because of the following material and substantial change(s) in circumstance: Please state your reason(s) for requesting a modification of your current order here: o h h R 1?? I; t,?, 4 s i ?E ?F 12tY,h?q FVLo m I-am Carl , ©N Toe 2 2-011 OUT To Acv'3 +?.u& ca ti WHEREFORE, Petitioner requests that the Court modify the existing order for support. ??Izlo SMuLL Petitioner Attorney for Petitioner J O h h ?1AL ? 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. J 6 / Zo" Date Peti ' ner Form OM-501 Service Type M Page 2 of 2 Worker ID 21205 SUSAN L. AULT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 07-5477 CIVIL TERM =M ' r JOHN G. AULT, IN DIVORCE„ -; Defendant PACSES CASE: 437109551 ORDER OF COURT AND NOW, this 22nd day of June 2011, a petition has been filed against you, Susan L. Ault, to modify an existing Alimony Pendente Lite Order. You are ordered to appear in person at the Domestic Relations Section, 13 North Hanover Street, Carlisle, Pennsylvania, on August 10, 2011, at 10:30 A.M. for a conference and to rem ain until dismissed by the Court. If you fail to appear as provided in this Order, an Order of Court may be entered against you. You are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by the Rule 1910.11. (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. Copies mailed to: Petitioner BY THE COURT, Respondent Mary A. Dissinger, Esq. Kristopher T. Smull, Esq. Date of Order: juN 2 3 2011 Oler, K(, - Judge YOU HAVE THE RIGHT TO A LAWYER, WHO MAY AT-FEND 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 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION 13 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA. 17013 D TK FILED-'OFFICE AGCY 2011 JUL -1 PM 2: 35 Defendant Name: JOHN G. AULT Member ID Number: 1876101895 CUMBERLAND COU1?NTY Please note: All correspondence must include the Member ID Number. PENNSYLVANIA ORDER OF ATTACHMENT OF UNEMPLOYMENT COMPENSATION BENEFITS Financial Break Down of Multiple Cases on Attachment PACSES Docket Attachment AmounUFreauencv Plaintiff Name Case Number Number SUSAN L. AULT 437109551 07-5477 CIVIL 382.00 MONTH f TOTAL ATTACHMENT AMOUNT: $ 382.00 Now, by Order of this Court, the Department of Labor and Industry, Office of Unemployment Compensation Benefits (OUCB), is hereby directed to attach the lesser of $ 87.91 per week, or 50%, of the Unemployment Compensation benefits otherwise payable to the Defendant, JOHN G. AULT Social Security Number XXX-XX-6931, Member ID Number 1876101895. OUCB is ordered to remit the amount attached to the Department of Public Welfare (DPW). DPW shall forward the amount received from OUCB to the Domestic Relations Section of this Court for support and/or support arrearages. If the Defendant's Unemployment Compensation benefits are attached by another Court or Courts for support and/or support arrearages, DPW may reduce the amount attached under this Order so that the total amount attached does not exceed the maximum amount subject to garnishment pursuant to 15 U.S.C. § 1673 (b)(2) and 23 Pa. C.S.A. § 4348 (g). This Order shall be effective upon receipt of the notice of the Order by the OUCB and shall remain in effect until the Defendant's entitlement to Unemployment Compensation benefits, under the Application for Benefits dated JUNE 19, 2011 is exhausted, expired or deferred. OUCB shall comply with this Order, unless it is amended or vacated by subsequent Order of this Court. Ali questions, challenges or obligations to this Order shall be directed to the Domestic Relations Section of this Court. Date of Order: Form EN-530 Service Type M Worker ID $IATT BY THE COURT In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION SUSAN L. AULT ) Docket Number: 07-5477 CIVIL Plaintiff vs. PACSES Case Number: 437109551 JOHN G. AULT Defendant Other State ID Number: == - - r.nW -.f.F M Order 7 CD -r AND NOW to wit, this AUGUST 3, 2011 it is hereby Ordered that: PURSUANT TO AN AGREEMENT OF THE PARTIES, THE MODIFICATION CONFERENCE SCHEDULED FOR AUGUST 10, 2011 IS CONTINUED GENERALLY FOR THIRTY DAYS AND MAY BE RELISTED BY THE CALL OF EITHER PARTY. IF NEITHER PARTY REQUESTS FOR RESCHEDULING WITHIN THE THIRTY DAYS, THE MODIFICATION PETITION WILL BE DISMISSED, WITHOUT PREJUDICE. THE CONFERENCE SCHEDULED FOR AUGUST 10, 2011 IS CANCELLED. BY THE COURT: Form OE-520 02/11 Service Type M Worker ID 21005 IN THE COURT OF COMMON PLEAS OF SUSAN L. AULT CUMBERLAND COUNTY, PENNSYLVANIA V. JOHN G. AULT NO. 07-5477 CIVIL TERM DIVORCE DECREE AND NOW, Z l v 1 ( , it is ordered and decreed that SUSAN L. AULT , plaintiff, and JOHN G. AULT defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (if no claims remain indicate "None.") None. By the Court, G? 1 1 VU IVI IVLQI y ?,;; - //- aj? ,p? y??e A mP y t Susan L. Ault vs. John G. Ault CASE NO. 07-5477 QUALIFIED DOMESTIC RELATIONS ORDER 639209375 Court of Common Pleas of Cumberland County, PA 1 Courthouse Square Carlisle PA 17013 WHEREAS, this Court has jurisdiction over the parties and the subject matter of this Order; and WHEREAS, the parties and the Court intend that this Order shall be a Qualified Domestic Relations Order (hereinafter referred to as a "QDRO") as defined in Section 206(d)(3) of the Employee Retirement Income Security Act of 1974, as amended ("ERISA") and Section 414(p) of the Internal Revenue Code of 1986, as amended; and, WHEREAS, pursuant to the referenced statutes, the Plan Administrator shall make a determination of the qualified status of this Order; and WHEREAS, following approval by the Plan Administrator, this Order shall constitute a Qualified Domestic Relations Order; and WHEREAS, the parties have stipulated that the Court enter this Order; NOW, THEREFORE, pursuant to this state's Domestic Relations Laws, IT IS HEREBY ORDERED BY THE COURT as follows: 1. As used in this Order, the following terms shall apply: a. "Participant" shall mean John G. Ault, whose current address is 125 November Drive, Apt. 2, Camp Hill, PA 17101. b. "Alternate Payee" shall mean Susan L. Ault, whose current address is 1502 Tussey Court, Mechanicsburg, PA 17050. c. "Plan" shall mean IBM 401(k) Plus Plan. 2. The Order relates to marital property rights. 3. The date of marriage was 10/07/1978. 4. The date of legal separation or divorce is 02/14/2007. 5. The Alternate Payee is the former spouse of the Participant. 6. With respect to marital property, alimony and spousal awards, the Participant and the Alternate Payee are/were married for federal income tax purposes. 639209375 7. The Alternate Payee's award will be calculated as of the date the award is segregated into the Alternate Payee's account. The date of segregation shall hereinafter be referred to as the "Valuation Date." 8. The Alternate Payee's interest in the Plan shall be $30,903.48 of the Participant's total vested account balance under the Plan as of the Valuation Date. 9. The Alternate Payee's award is entitled to earnings (dividends, interest, gains and losses) from the Valuation Date to the date that the award is segregated from the Participant's account. From and after the date of segregation, the Alternate Payee's award shall be held in an account under the Plan and shall be entitled to all earnings attributable to the investments therein. 10. In the event there is an outstanding loan balance as of the Valuation Date, the loan balance will not be included for purposes of calculating the account balance to be divided. 11. The Alternate Payee's award will be paid proportionately from all investment options as of the date of account segregation. 12. The Alternate Payee's interest in the Plan shall be payable to the Alternate Payee in a lump sum distribution, as soon as administratively feasible following the date that the Order is determined to be a QDRO. The Alternate Payee shall initiate the distribution in accordance with the terms of the Plan and the administrative procedures that have been established by the Plan Administrator. The amount distributed to the Alternate Payee will be based on the value of the Alternate Payee's account on the date the distribution is processed. 13. In the event that the Alternate Payee dies either prior or subsequent to the segregation of assets for the Alternate Payee, the Alternate Payee's award will be paid to the Alternate Payee's estate. 14. Neither Party shall accept any benefits from the Plan which are the property of the other Party. In the event that the Plan Administrator inadvertently pays to the Participant any benefits that are assigned to the Alternate Payee pursuant to the terms of this Order, the Participant shall forthwith return such benefits to the Plan. In the event that the Plan Administrator inadvertently pays to the Alternate Payee any benefits that are not assigned to the Alternate Payee pursuant to the terms of this Order, the Alternate Payee shall forthwith return such benefits to the Plan. 15. For purposes of Sections 402 and 72 of the Internal Revenue Code, any Alternate Payee who is the spouse or former spouse of the Participant will be treated as the distributee of any distributions or payments made to the Alternate Payee under the terms of this Order, and as such, will be required to pay the appropriate federal and/or state income taxes on such distribution. If the Alternate Payee is a child or other dependent of the Participant, the Participant will be responsible for any federal and/or state income taxes on any such distribution. 639209375 16. The Court shall retain jurisdiction with respect to this Order to the extent required to maintain its qualified status and the original intent of the parties as stipulated herein. 17. The Participant is responsible for the one time determination fee for review of the Domestic Relations Order. The fee will be deducted from the Participant's account following the first review of the Order. The fee will be taken from the investment options in the applicable account(s) according to the plan level fee method in effect as of the date the fee is ded led. Dated: o A Judge of the Court: CONSENT TO ORDER: Plaintiff/Alternate Payee Da e Attorney for Plaintiff/ Date Alternate Payee ?;e 'All sc' "? De ndant/Participant Date fu ?? gDae Att rney for Defendant/ Participant Attorney For Alternate Payee: ?Mary A. Etter Dissinger, Esq. Dissinger and Dissinger 400 South State Road Marysville, PA 17053 A Attorney for Participant: v/Kristopher T. Smull, Esq. Robinson Geraldo 2505 North Front Street Harrisburg, PA 17110 Track No: 639209375 C:I 3 "° oa ac z -*t rn =r" = X ° .c F -V M p° 3 C Qc? ro 00 D cL, e PC) 0 ?V