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03-6089
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROSA M.HARTM V. AN, ) JAMES E. HARTMAN, ) Plaintiff ) Defendant ) IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, I Courthouse Square, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 240-6200 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. NO. 2003- CIVIL TERM CIVIL ACTION - LAW IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROSA M. HARTMAN, ) Plaintiff ) V. ) JAMES E. HARTMAN, ) Defendant ) NO. k4n_- CIVIL TERM CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes Plaintiff, Rosa M. Hartman, by and through her counsel, Howett, Kissinger & Conley, P.C., who states the following in support of the within Complaint: Plaintiff is Rosa M. Hartman, an adult individual who currently resides at 604 East Keller Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055. Defendant is James E. Hartman, an adult individual who currently resides at 604 East Keller Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055. Both the Plaintiff and the Defendant have been bona fide residents in the Commonwealth of Pennsylvania for a period of at least six (6) months immediately preceding the filing of this Complaint. 4. Plaintiff and Defendant were married on August 25, 1985 in Pennsylvania. 5. Neither Plaintiff nor Defendant is in the active military or naval service of the United States of its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 6. There have been no prior actions for divorce or annulment of the marriage instituted by either of the parties in this or any other jurisdiction. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. COUNT I - DIVORCE PURSUANT TO §3301(c) or (d) OF THE DIVORCE CODE 8. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 9. The marriage of the parties is irretrievably broken. WHEREFORE, Plaintiff respectfully requests the Court to enter a Decree of Divorce pursuant to §3301 of the Divorce Code. COUNT II - EOUITABLE DISTRIBUTION 10. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 11. Plaintiff and Defendant have legally and beneficially acquired property, both real and personal, during their marriage, which property is "marital property." WHEREFORE, Plaintiff requests the Court to equitably divide all marital property. COUNT III - ALIMONY AND ALIMONY PENDENTE LITE 12. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 13. Plaintiff lacks sufficient property to provide for her reasonable means and is unable to support herself through appropriate employment and requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. 14. Plaintiff is unable to sustain herself during the course of this litigation. WHEREFORE, Plaintiff requests the Court to enter an award of reasonable temporary alimony until final hearing and permanently thereafter. COUNT IV - COUNSEL FEES, EXPENSES AND COSTS OF SUIT 15. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 16. Plaintiff has retained an attorney to bring this action and has agreed to pay her a reasonable fee. 17. Plaintiff has incurred and will incur costs and expenses in prosecuting this action. 18. Plaintiff is not financially able to meet either the expenses and costs of prosecuting this action or the fees to which her attorney will be entitled in this case. WHEREFORE, Plaintiff requests the Court to enter an award of interim counsel fees, costs and expenses until final hearing and thereupon award such additional counsel fees, costs and expenses as deemed appropriate. COUNT V - EXCLUSIVE POSSESSION OF FAMILY HOME 19. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 20. In accordance with 23 Pa.C.S.A. Section 3502(c), the Court may award to one of the parties the right to live in the family home. WHEREFORE, Plaintiff respectfully requests that the Court order that she be entitled to the exclusive use of the family home on both an interim and permanent basis. COUNT VI - CONTINUED MAINTENANCE AND BENEFICIARY DESIGNATIONS OF EXISTING POLICIES INSURING LIFE OF DEFENDANT AND OF RETIREMENT FUNDS 21. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 22. During the course of the marriage, Defendant has maintained certain life and insurance policies and retirement funds for the benefit of Plaintiff. WHEREFORE, Plaintiff respectfully requests that the Court enter an order directing Defendant to continue to maintain policies of life and insurance and retirement funds for the benefit of Plaintiff. Respectfully submitted, l?ti0 ? ?G 3 a ?? Date: Cindy S. Con Esquire HOWETT, KISSINGER & CONL Y, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff Rosa M. Hartman VERIFICATION I, Rosa M. Hartman, hereby swear and affirm that the facts contained in the foregoing COMPLAINT IN DIVORCE are true and correct to the best of my knowledge, information and belief and are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. Date: 11/18/03 (,t-at ROS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROSA M. HARTMAN, ) Plaintiff ) V. ) JAMES E. HARTMAN, ) Defendant ) NO. 2003- OP CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow the Plaintiff in this action, Rosa M. Hartman, to proceed in forma pauperis. I, Cindy S. Conley, Esquire, attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. 1 Respectfully submitteeddd,, Date: Cindy S. Conley, uire HOWETT, KISS GER & CONLEY P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff Rosa M. Hartman ('? ??> C . t. ??,. L:. ? r '+ ,?. ?; y .. ?, i r, -? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROSA M. HARTMAN, Plaintiff V. ) JAMES E. HARTMAN ) Defendant ) NO. 2003-6089 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PETITION FOR JOINDER OF PARTIES PURSUANT TO PA.R.C.P. 1920.34 AND FOR EXCLUSIVE POSSESSION OF MARITAL RESIDENCE PURSUANT TO 23 Pa.C.S.A. §3502(c). AND NOW, comes the Plaintiff, Rosa M. Hartman, by and through her counsel, Howett, Kissinger & Conley, P.C., who hereby files the instant Petition for Joinder of Parties Pursuant to Pa.R.C.P. 1920.34 and For Exclusive Possession of Marital Residence Pursuant to 23 Pa. C.S.A. §3502(c) and in support thereof states as follows: Plaintiff, Rosa M. Hartman (hereinafter referred to as "Wife"), is an adult individual who currently resides at 604 East Keller Street, Mechanicsburg, Cumberland County, Pennsylvania 17055 (hereinafter referred to as the "Marital Residence") 2. Defendant, James E. Hartman (hereinafter referred to as "Husband"), is an adult individual who currently resides at the Marital Residence. 3. The parties are husband and wife having been married on August 25, 1985. On or about November 19, 2003, Wife commenced the above-captioned divorce action. 4. During the marriage, the parties acquired equitable title to the Marital Residence although record title was in husband's parent's names, Norman D. and Frances S. Hartman, who currently reside at 108 North York Street, Mechanicsburg, Pennsylvania 17055- 6221. 5. Pursuant to the agreement between the parties and Norman D. and Frances S. Hartman, the parties agreed to fully satisfy the mortgage associated with the Marital Residence and thereafter to pay Norman D. and Frances S. Hartman the additional sum of Twenty Thousand Dollars ($20,000.00) at which point they would transfer record title of the property to the parties. 6. The parties have complied at all times with this Agreement paying each and every mortgage payment that comes due. Currently, it is Wife's belief that the property is worth approximately Eighty Thousand Dollars ($80,000.00). The mortgage balance owed against the property, is Fourteen Thousand Three Hundred Ninety-Eight ($14,398.00) and the parties owe Husband's parents Twenty Thousand Dollars ($20,000.00). Accordingly, there exists equity in excess of Thirty Thousand Dollars ($30,000.00). Since the institution of the divorce action, Husband's parents and Husband have denied that the parties hold equitable title to the property. 8. In fact via letter dated November 13, 2003, John M. Eakin, Esquire, forwarded a letter to Wife's attorney indicating, inter alia, that "there is no agreement nor oral understanding with the tenants pertaining to the purchase of the premises by the tenants". A copy of said letter is attached hereto, marked Exhibit "A", and incorporated by reference herein as if set forth at length. 9. In a conversation with Attorney Eakin, Wife's attorney was advised by Attorney Eakin that he had not been retained by Husband's parents and thus, he would not be authorized to accept service of a petition requesting joinder of the parties. Wife's attorney confirmed this in a letter of November 18, 2003, forwarded to Attorney Eakin. A copy of the November 18, 2003 letter is attached hereto, marked Exhibit "B", and incorporated by reference herein as if set forth at length. 10. In the divorce proceeding, Wife will be testifying under oath that she and Husband hold equitable title to the Marital Residence pursuant to an agreement with Husband's parents. 11. Pa.R.C.P. 1920.34 provides as follows: At any state of an action, the court may order the joinder of any additional person who could have joined or been joined in the action and may stay the proceedings in whole or in part until such person has been joined ... Furthermore, the note to this Rule indicates that the joinder of persons other than Husband and Wife may be essential ... where persons other than the parties have an interest in property which is subject matter of a distribution. 12. In the case of Van Buskirk v. Van Buskirk, 527 Pa. 218, 590 A.2d 4(1991), in which a similar circumstance arose, the court indicated that the determination of whether or not to join a party to an action rests on whether or not said person is indispensable to the action and went on to provide "a party is indispensable when he has such an interest that a final decree cannot be made without affecting it, or leaving the controversy in such a condition that the final determination maybe wholly inconsistent with equity and good conscious". 590 A.2d at 7. 13. The Van Buskirk case went on to provide as follows: "in the instant case, it is clear that any judicial determination regarding title to the subject property, whether legal or equitable, would seriously affect the rights of the parents, creating such a cloud on title as to effectively prevent a sale, rental or mortgaging of the property. Moreover, with regard to appellee, the trial court's order requiring him to pay appellant one half of the net value of the property without a concomitant finding, binding upon the parents that the property is his would be wholly inconsistent with equity and good conscious." Id. Similarly, Husbanad's parents are indispensable to this action. 14. In her Divorce Complaint, Wife requested exclusive possession of the Marital Residence during the pendency of this action. 15. Since Wife has commenced her divorce action, conditions at the Marital Residence have deteriorated resulting in an extremely emotional and stressful situation for the parties and their three minor children. 16. Wife whose gross income is approximately Sixteen Thousand Dollars ($16,000.00) per year, cannot afford to relocate from the Marital Residence. Husband whose gross income from his primaryjob is approximately Forty Two Thousand Dollars ($42,000.00) and who grosses several thousand dollars more per year through his service in the Naval Reserve does have the financial resources to relocate from the Marital Residence. WHEREFORE, Plaintiff respectfully requests this Honorable Court to, after hearing, grant her exclusive possession of the Marital Residence during the pendency of the divorce proceeding. Plaintiff additionally respectfully requests this Honorable Court join Norman D. and Frances S. Hartman as parties to the divorce action. Respectfully submitted, Date: /ONLEY, Cindy S. oiiie HOWETT, KISSINGER & P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff, Rosa M. Hartman JOHN M. -EAKIN ATTORNEY AT LAW MARKET SQUARE SUIIOING MECHANICSBURG, PA. 17055 November 13, 2003 Cindy Conley. Esquire 130 Walnut St. P.O. Box 810 Harrisburg, PA 17108 Dear Ms. Conley: rE?cR,.ONe n I n >eo-a nz rAa 1111 e41.3Ze, I represent Norman D. Hartman and Frances S. Hartman parents of James E. Hartman to whom you wrote on behalf of his wife Rosa Hartman. James and Rosa occupy premises owned by Norman and Frances Hartman at 604 E. Keller St., Mechanicsburg. They have occupied the premises since 1992 under an oral month to month lease. There is no agreement nor oral understanding with the tenants pertaining to the purchase of the premises by the tenants. Very truly yours, John M. Eakin cc: Mr. and Mrs. Norman D. Hartman EXHIBIT I "A" 14 f LAW OFFrcu,)F HOWETT, KISSINGER & CONLEY, P.C. 130 WALNUT STREET POST OFFICE BOX 810 HARRISBURG PEAM$YLVAAIA 17168 JOHN C. HOWETT. JR. DONALD T. KISSINGER CINDY S. CONLEY DARREN 1. HOLST DEBRA M. SHINIF Legal Assistant November 18, 2003 John M. Eakin, Esquire Market Square Building Mechanicsburg, PA 17055 Re: Hartman Dear Mr. Eakin: (717)234.2616 FAX (717) 234-5402 This letter will confirm our conversation of this date. I indicated to you that given your letter to me of November 13, 2003, that I would be, in the next several weeks, filing a petition to join Norman D. Hartman and Frances S. Hartman as parties to the divorce action which I am in the process of filing in Cumberland County, Pennsylvania. I asked you if I could serve you on their behalf with this petition once filed. You indicated that you would not accept service of such a petition on their behalf and that I should serve Mr. and Mrs. Hartman directly. Accordingly, I will do so. Sincerely, Cindy S. Conley? CSC/glg cc: Rosa M. Hartman EXHIBIT p, B u IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROSA M. HARTMAN, ) Plaintiff ) V. ) JAMES E. HARTMAN ) Defendant ) NO. 2003-6089 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Cindy S. Conley, Esquire, counsel for Rosa M. Hartman, Plaintiff in the above- captioned action, hereby certify that a true and correct copy of the foregoing Petition for Joinder of Parties Pursuant to Pa.R.C.P. 1920.34 and For Exclusive Possession of Marital Residence Pursuant to 23 Pa. C.S.A.§3502(c) was served upon Charles A. Rector, Esquire, counsel for James E. Hartman, Defendant, by depositing same in the United States mail, first class, on December 16, 2003, addressed as follows: Charles A. Rector, Esquire 1104 Femwood Avenue Suite 203 Camp Hill, PA 17011 Date: 14 .S6c 63 Cindy S. ConWEsquire HOWETT, KISSINGER & NLEY, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: 717-234-2616 Counsel for Plaintiff, Rosa M. Hartman IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROSA M. HARTMAN, ) Plaintiff ) V. ) JAMES E. HARTMAN ) Defendant ) NO. 2003-6089 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Cindy S. Conley, Esquire, counsel for Rosa M. Hartman, Plaintiff in the above- captioned action, hereby certify that a true and correct copy of the foregoing Petition for Joinder of Parties Pursuant to Pa.R.C.P. 1920.34 and For Exclusive Possession of Marital Residence Pursuant to 23 Pa. C.S.A.§3502(c) was served upon Norman D. and Frances S. Hartman, by registered mail, return receipt requested and by depositing same in the United States mail, first class, on December 16, 2003, addressed as follows: Norman D. and Francis S. Hartman 108 North York Street Mechanicsburg, PA 17055-6221 Date: ((t; l C Cindy S. Conleyquire HOWETT, KISSINGER & CONLEY, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: 717-234-2616 Counsel for Plaintiff, Rosa M. Hartman IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROSA M. HARTMAN, ) Plaintiff ) V. ) JAMES E. HARTMAN ) Defendant ) NO. 2003-6089 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Cindy S. Conley, Esquire, counsel for Rosa M. Hartman, Plaintiff in the above- captioned action, hereby certify that a true and correct copy of the foregoing Petition for Joinder of Parties Pursuant to Pa.R.C.P. 1920.34 and For Exclusive Possession of Marital Residence Pursuant to 23 Pa. C.S.A.§3502(c) was served upon John M. Eakin, Esquire, counsel for Defendant, James E. Hartman, by depositing same in the United States mail, first class, on December 16, 2003, addressed as follows: John M. Eakin, Esquire Market Square Building Mechanicsburg, PA 17055 Date: Cindy S. Conley squire HOWETT, KI SINGER & NLEY, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: 717-234-2616 Counsel for Plaintiff, Rosa M. Hartman VERIFICATION I, Rosa M. Hartman, hereby swear and affirm that the facts contained in the foregoing Petition for Joinder of Parties Pursuant to Pa.R.C.P. 1920.34 and for Exclusive Possession of Marital Residence Pursuant to 23 Pa. are true and correct C.S.A. §3502(c) to the best of my knowledge, information and belief and are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. Date: 12/16/03 ?Dsc(, / A ROSA M. HARIMAN N _? ? C.a) ?7 ?? __ T'1i'7 _ CJ i . ? _..? ? `t .? :..) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROSA M. HARTMAN, ) Plaintiff ) V. ) JAMES E. HARTMAN, ) Defendant ) NO. 2003-6089 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE Cindy S. Conley, being duly sworn according to law, deposes and says that she is an attorney at law authorized to practice in the Commonwealth of Pennsylvania, and that on the 20' day of November, 2003, she sent the original of the attached letter, with which was enclosed a certified, time-stamped copy of the Complaint in Divorce in the above-captioned matter, properly endorsed, to the Defendant, James E. Hartman, by certified mail, postage prepaid, return receipt requested, restricted delivery, pursuant to Pa.R.C.P. 1930.4, to 604 East Keller Street, Mechanicsburg, PA, 17055, the Defendant's last known address, and that the return receipt card which was signed by James E. Hartman, marked as having been delivered to him on November 26, 2003, is attached hereto and made a part hereof. Cindy S. ConW, Esquire HOWETT, KISSINGER &' NLEY, P.C. 130 Walnut Street P. O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff Rosa M. Hartman SWORN TO AND SUBSCRIBED be me this O day ofr 2003. ?A otary Public 1 NOTARIAL SEAL DEBRA M. SKIMP, NOTARY PUBLIC CITY Of NARRISBURO, DAOPNIN COUNTY MY COMMISSION EXPIRES AUG. 29, 2005 f LA. OFFFlfF.S OF ' HOWETT, KISSINGER & CONLEY, P.C. 130 WALNUT STREET POST OFFICE BOX 810 HARRISBURG PENNSYLVANIA 17108 JOHN C. HOWETT. 1R. DONALD T KISSINGER CINDY S. CONLEY (717) 234-2616 DARREN 1. HOLST FAX (717) 234-5402 DEBRA M. SHIMP Legal Assistant November 20, 2003 CERTIFIED MAIL RETURN RECEIPT REQUESTED RESTRICTED DELIVERY Mr. James E. Hartman 604 East Keller Street Mechanicsburg, PA 17055 Re: Hartman v. Hartman Dear Mr. Hartman: Enclosed for service upon you please find a certified copy of the Divorce Complaint filed on behalf of your wife in Cumberland County on November 19, 2003. Please note that Count V of this Divorce Complaint requests exclusive possession of the family home for Rosa. Rosa indicates that the current situation at the house is extremely stressful. Given her limited income, she is unable to find alternative housing. Accordingly, she requests that you agree to voluntarily vacate the home at this time. I request that either you or your counsel, if you have retained counsel, contact me as soon as possible to advise whether or not you will be voluntarily vacating the marital residence and, whether or not you will be complying with the request for information I previously forwarded to you. If I have not heard from you within ten (10) days of the date of this letter, I will assume that you are not agreeable to my requests and will proceed accordingly. Sincerely, Cindy S. Conl CSC/glg Enclosure cc: Rosa M. Hartman (w/encl.) L,- I.r Mete... r ? u.Gllvuo?uu•uur..dnlaaF9ibniavu'.rvu:a: .,r ayrenu•:e: e;nrlyn L CD Postage $ R) Certified Fee Q Postmark Return R.clept Fee (Endorsement Required) Here O Restricted Delivery Fee (Endorsemem Required) O Total Postage 8 Fees ,$ O Ben To Mee PEAW orPoBOx N.760(4 G .__1 IC4 _ ?are.Z,P < LrG,PA loss (Yle Lhol1 i cS b ._..?_ vnrau•ma.ac ,vw 02 8156 6554 'oXadbiM1?GS6 _. c> a O c w -„ r i rn r f C_7 Na ROSA M. HARTMAN, Plaintiff V. JAMES E. HARTMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-6089 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO ENTER APPEARANCE Please enter my appearance on behalf of the Defendant, James E. Hartman, in the above-captioned matter. RESPECTFULLY SUBMITTED, Chines Recto , squire 1104 Fernwood Avenue, Ste. 203 Camp Hill, PA 17011-6912 (717) 761-8101 Date: 1??8?c3 C? c; -- C? ;. .,i r7 O _?? G _ ' '. ?? . _ ?- C_1 i? ?(? r ?f T _ Gi .?G ROSA M. HARTMAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2003-6089 CIVIL TERM JAMES E. HARTMAN, : CIVIL ACTION -LAW Defendant : IN DIVORCE DEFENDANT'S ANSWER TO COMPLAINT IN DIVORCE AND NOW, comes the Defendant, James E. Hartman, by and through his attorney, Charles Rector, Esquire, and files the following as his Answer to the Complaint in Divorce: 1.-7. Admitted. 8. No answer required. 9. Admitted. WHEREFORE, Defendant respectfully requests this Honorable Court to enter a Decree in Divorce pursuant to § 3301(c) of the Pennsylvania Divorce Code. Count B - Equitable Distribution 10. No answer required. 11. Admitted in part and denied in part. It is admitted that Plaintiff and Defendant have legally and beneficially acquired personal property during their marriage which property is "marital property." It is denied that the parties have acquired "real property" during their marriage and proof thereof is demanded and the same is deemed denied. WHEREFORE, Defendant requests this Honorable Court to equitably divide all personal property acquired by the parties during the marriage. Count 111- Alimonv and Alimonv Pendente Lite 12. No answer required. 13. Denied. Paragraph 13 constitutes a series of legal conclusions which require no answer and are deemed denied. To the extent that any further answer is required, it is denied that Plaintiff lacks sufficient property to provide for her reasonable means and further that denied that Plaintiff is unable to support herself through appropriate employment. It is further denied that Plaintiff requires reasonable support to adequately maintain herself and proof of those averments is requested and the same are deemed denied. By way of further answer, Plaintiff has an identifiable earning capacity which, despite her lack of employment, can be ascertained by a vocational expert. 14. Denied. Paragraph 14 constitutes a legal conclusions which requires no answer and is deemed denied. To the extent that any further answer is required, Plaintiff, should she choose to seek employment, has an ascertainable earning capacity. WHEREFORE, Defendant requests that this Honorable Court deny Plaintiff's claim for alimony and alimony pendente life, with prejudice. Count IV- Counsel Fees. Expenses and Costs of Suit 15. No answer required. 16. Admitted. 17. Admitted. 18. Denied. Paragraph 18 constitutes a series of legal conclusions which require no answer and are deemed denied. To the extent that any further answer is required, it is believed, and therefore averred, that Plaintiff has provided a retainer to her counsel and has further advanced costs for the filing of her Complaint in Divorce. WHEREFORE, Defendant respectfully requests that this Honorable Court deny Plaintiff's request for counsel fees, expenses and costs of suit. Count V- Exclusive Possession of Familv Home 19. No answer required. 20. Admitted. WHEREFORE, Defendant respectfully requests that your Honorable Court deny Plaintiff's request that she be granted exclusive possession of the family domicile on an interim and/or permanent basis. Count VI - Continued Maintenance and Beneficiarv Designation of Existing Policies Insurinq Life of Defendant and of Retirement Funds 21. No Answer required. 22. Admitted. However, by way of further answer, Defendant continues to maintain certain life insurance policies and retirement funds intact pending resolution of the divorce case. Therefore, no formal order is required. WHEREFORE, Defendant respectfully requests that this Honorable Court dismiss with prejudice Count VI of Plaintiffs Complaint in Divorce. RESPECTFULLY SUBMITTED: uir. e Chases Rector) 1104 Fernwood Avenue, Ste. 203 Camp Hill, PA 17011-6912 (717) 761-8101 Attorney for Defendant Date: Al/f/11 I verify that the statements made herein 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. James E. Hartman Date: 119 10C110?? n {? c7 co am' ' _ c _ j . C,j IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROSA M. HARTMAN, ) Plaintiff j NO. 2003-6089 CIVIL TERM DEC 181883 V. ) JAMES E. HARTMAN ) Defendant ) CIVIL ACTION -LAW IN DIVORCE RULE TO SHOW CAUSE AND NOW, this R? day of_ ?? _.n-_ SAW ` 2003, upon consideration of the petition for Joinder of parties Pursuant to Pa.R.C.P. 1920.34 and for Exclusive Possession of Marital Residence Pursuant to 23 Pa.C.S.A. §3502(c) the Court hereby issues a Rule on the defendant, James E. Hartman, and on the proposed additional parties, Norman D. and Francis S. Hartman, to show cause, if any, why the relief requested should not be granted. Rule returnable on the 13 day of 200 in Courtroom No. al of the Cumberland County Courthouse, One Courthouse Square, Carlisle PA 17013. a'j ?' L4 s4- a I.r U ? M U oya" L s :z A?d 61 ??p £OOl 1,^ i0 J0 -lloud ?? (1 dQ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROSA M. HARTMAN, ) Plaintiff ) V. ) JAMES E. HARTMAN ) Defendant ) NO. 2003-6089 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE Cindy S. Conley, being duly sworn according to law, deposes and says that she is an attorney at law authorized to practice in the Commonwealth of Pennsylvania, and that on the 16`h day of December, 2003, she sent the original of the attached letter, with which was enclosed a time-stamped copy of the Petition for Joinder of Parties Pursuant to Pa.R.C.P. 1920.34 and for Exclusive Possession of Marital Residence Pursuant to 23 Pa.C.S.A. §3502(c) in the above- captioned matter, properly endorsed, to Norman D. and Francis S. Hartman, by certified mail, postage prepaid, return receipt requested, pursuant to Pa.R.C.P. 1930.4, to 108 North York Street, Mechanicsburg, PA, 17055-6221, and that the return receipt card which was signed by Norman Hartman, marked as having been delivered to him on December 17, 2003, is attached hereto and made a part hereof. Cindy S. Conley, E Wire HOWETT, KISS GER & CONL P.C. 130 Walnut Street P. O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff Rosa M. Hartman SWORN TO AND SUBSCRIBED Ober, 2003. HOWETT, KISSINGER & CONLEY, P.C. 130 WALNUT STREET POST OFFICE BOX 810 JOHN C. HOW ETT. JR HAM M RC, PE%1SYLVAVIA 17108 . DONALDT KISSINGER CINDY S. CONLEY DARREN 1. HOLST DEBRA M. SHIMP Legal Assistant December 16, 2003 CERTIFIED MAIL RETURN RECEIPT REQUESTED Norman D. and Francis S. Hartman 108 North York Street Mechanicsburg, PA 17055-6221 Re: Hartman v. Hartman Dear Mr. and Mrs. Hartman: (7171233-2616 F4X (717)'_34-1402 Enclosed for service upon you please find the Petition for Joinder of Parties Pursuant to Pa.R.C.P. 1920.34 and for Exclusive Possession of Marital Residence Pursuant to 23 Pa.C.S.A. §3502(c). Sincerely, Cindy S. Conley CSC/glg Enclosure cc: Rosa M. Hartman r m m N OFF ICIA . L cE3 Postage $ nJ C3 Certified Fee O Cl Rehm Reclept Fee Postmad Here (Endorsement Required) 19 ResldcW Delivery Fee (EndommeM Required) O Total Postage & Fees c ? d m 0 M nt a and Fran.SlS.-S= .......... M1 _ ..... _... reef. APr. No.; or Po Box No. IC8 NM l yrJl k 5i' - ? w r y S t ! ? r ^J Cl -y7 R7 apppp Cf7 - ROSA M. HARTMAN PLAINTIFF : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PA V. JAMES E. HARTMAN DEFENDANT CIVIL ACTION - LAW NO. 2003-6089 PRAECIPE FOR ENTRY OF APPEARANCE To the Prothonotary: Please enter my appearance for Norman D. Hartman and Frances S. Hartman, husband and wife in the above captioned action. Papers may be served at the address set forth below: John M. Eakin Market Square Building Mechanicsburg, PA 17055 ID 06351 (717) 766-3172 (717) 691-3281 Fax Date: January 2004 b11 ?hn M. Eakin n ^? 1 7 C rn T ?-y m ca ROSA M. HARTMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW IN DIVORCE JAMES E. HARTMAN, Defendant No. 03-6089 CIVIL TERM ORDER OF COURT AND NOW, this 13th day of January, 2004, upon consideration of Plaintiff's Petition for Joinder of Parties Pursuant to Pa. R.C.P. 1920.34 and for Exclusive Possession of Marital Residence Pursuant to 23 Pa. C.S.A. Section 3502(c) and of the Motion To Dismiss the Rule To Show Cause Proceedings Dated December 19, 2003, filed on behalf of Norman D. Hartman and Frances S. Hartman, and following a conference in chambers with counsel for the Plaintiff in the person of Cindy S. Conley, Esquire, counsel for Defendant in the person of Charles A. Rector, Esquire, and counsel for Norman D. Hartman and Frances S. Hartman in the person of John M. Eakin, Esquire, and pursuant to an agreement of counsel arising out of the possibility of a settlement of the divorce action in this matter, the hearing scheduled for this date is continued until Wednesday, March 3, 2004, in Courtroom No. 2, Cumberland County Courthouse, Carlisle, Pennsylvania. This continuance is provided with the express understanding on the part of all counsel that no disposition is being made at this time with regard to the Motion To ?S? ? C?Cf i WiT lio9z mil-U ' Dismiss the Rule To Show Cause Proceedings Dated December 19, 2003, filed on behalf of Norman D. Hartman and Frances S. Hartman. Pursuant to further agreement of counsel, briefs on the issue of the propriety of joinder of Norman D. Hartman and Frances S. Hartman in the manner undertaken by Plaintiff shall be submitted to the Honorable Edgar B. Bayley at least five days prior to the rescheduled hearing. /Cindy S. Conley, Esquire For the Plaintiff /Charles Rector, Esquire For the Defendant 7 ol- /John M. Eakin, Esquire For Norman D. Hartman and Frances S. Hartman') 1/ \ Honorable Edgar B. Bayley -haiid "C?dim. ?G[ 7IS?U? ?ICICy I wcy /V1 By the Court, ROSA M. HARTMAN, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JAMES E. HARTMAN, DEFENDANT 03-6089 CIVIL TERM ORDER OF COURT AND NOW, this 2nd day of February, 2004, the hearing currently scheduled for March 3, 2004, is cancelled. The hearing is rescheduled to Thursday, March 4, 2004, at 1:30 p.m., in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania. By the C CAL Edgar B. Bayley, J. .Cindy S. Conley, Esquire For Plaintiff ,/-f,°harles Rector, Esquire For Defendant vlohn M. Eakin, Esquire U "Oa( For Norman D. Hartman and Frances S. Hartman :sal 0 C-4 i eLu uaa o U O N - ROSA M. HARTMAN, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JAMES E. HARTMAN, DEFENDANT 03-6089 CIVIL TERM ORDER OF COURT AND NOW, this 5m day of March, 2004, following a hearing, the petition of Rosa M. Hartman for exclusive possession of 604 E. Keller Street, Mechanicsburg, Cumberland County, IS DENIED. y the , V GL1)2? Edgar B. Bayley, J. Cindy S. Conley, Esquire For Plaintiff Charles Rector, Esquire For Defendant sal taz .z lid 9- M4 Uol ?{JaCr071i•3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROSA M. HARTMAN, ) Plaintiff ) V. ) JAMES E. HARTMAN, ) Defendant ) NO. 2003-6089 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PETITION FOR ALIMONY PENDENTE LITE; CONFERENCE AND NOW comes Plaintiff, Rosa M. Hartman, by and through her counsel, Cindy S. Conley, Esquire, who files this Petition for Alimony Pendente Lite Conference, as follows: Plaintiff filed a Complaint in Divorce on November 19, 2003, which complaint raised a count for Alimony Pendente Lite. 2. Plaintiff requests that an Alimony Pendente Lite conference be scheduled with the Cumberland County Domestic Relations Section. 3. Plaintiff has filed a Complaint for Child Support docketed at No. 363-S- 2004, PACSES Case No. 288106366 and requests that her claim for Alimony Pendente Lite be heard at the same time as her claim for child support. WHEREFORE, Plaintiff respectfully requests that this Honorable Court notify the Cumberland County Domestic Relations Section to schedule an Alimony Pendente Lite conference in this matter. Respectfully submitted, Date: S D Cindy S. ConNy, squire HOWETT, KISSINGER & CONLEY, P.C. 130 Walnut Street, P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff Rosa M. Hartman IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROSA M. HARTMAN, Plaintiff ) V. ) NO. 2003-6089 CIVIL TERM JAMES E. HARTMAN, ) CIVIL ACTION - LAW Defendant ) IN DIVORCE CERTIFICATE OF SERVICE I, Cindy S. Conley, Esquire, counsel for Rosa M. Hartman, Plaintiff in the above- captioned action, hereby certify that a true and correct copy of the foregoing Petition for Alimony Pendente Lite Conference was served upon Charles A. Rector, Esquire, counsel for Defendant James E. Hartman, by depositing same in the United States mail, first class, on May 5, 2004, addressed as follows: Charles A. Rector, Esquire 1104 Femwood Avenue, Suite 203 Camp Hill, PA 17011-6912 Date: { Cindy S. Conley, hs i ire HOWETT, KISSINGER & CONLEY, P.C. 130 Walnut Street, P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff Rosa M. Hartman n a O C r r?tr-? ? rri l ?Q 11'Tl :jr ROSA M. HARTMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 2003-6089 CIVIL TERM JAMES E. HARTMAN, IN DIVORCE Defendant/Respondent . Paeses# 062106415 ORDER OF COURT AND NOW, this 14th day of May, 2004, upon consideration of the attached Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J. Shaddav on July 1, 2004 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 W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11© (4) verification of child 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, George E. Hoffer, President Judge Mail copies on Petitioner 5-14-04 to: < Respondent Cindy Conley, Esquire Charles Rector, Esquire Date of Order: May 14, 2004 R. J. Shadday, Conference Officer YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 CC361 r? N a S' L r.) -n 1^4 4? r+?-i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROSA M. HARTMAN, ) Plaintiff ) V. ) JAMES E. HARTMAN ) Defendant ) NO. 2003-6089 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PETITION RAISING CUSTODY CLAIM AND NOW, comes Plaintiff, Rosa M. Hartman, by and through her counsel, Howett, Kissinger and Conley, P.C., and files this Petition Raising Custody Claim and in support thereof states as follows: Plaintiff is Rosa M. Hartman, an adult individual who currently resides at 505 East Elwood Avenue, Apartment 4, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. Defendant is James E. Hartman, an adult individual who currently resides at 604 East Keller Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055. Plaintiff and Defendant were married on August 25, 1985. 4. A Complaint for Divorce was filed by Plaintiff on November 19, 2003 in Cumberland County, Pennsylvania. Defendant hereby raises the following custody claim: COUNT I -REQUEST FOR CUSTODY AWARD UNDER §3104(a)(2) AND §3323(b) OF THE DIVORCE CODE The prior paragraphs of this petition are incorporated herein by reference thereto. 7 The parties are the parents of the following unemancipated children: Name Raquel R. Hartman Vanessa L. Hartman Edward J. Hartman 8. With Whom the addresses herein indicated: From To May 1, 2004 Present Prior to May 1, 2004 Edward and Raquel reside with Plaintiff Vanessa resides with Defendant Edward resides in both homes Date of Birth October 5, 1987 June 1, 1988 June 20, 1993 Addresses 505 East Elwood Ave, Apt 4 Mechanicsburg, PA 17055 604 East Keller Street Mechanicsburg, PA 17055 All three children resided 604 East Keller Street with Plaintiff and Defendant Mechanicsburg, PA 17055 9. Plaintiff has not participated in any other litigation concerning the children in this or any other state. 10. There are no other proceedings pending involving custody of the children in this or in any other state. 11. Plaintiff knows of no person not a party to these proceedings who has physical custody of the children or who claims to have custody, partial custody or visitation During the past five years, the children have resided with the parties and at rights with respect to the children. WHEREFORE, Plaintiff respectfully requests that, pursuant to §3104(a)(2) and 3323(b) of the Divorce Code, the Court enter an order awarding her shared legal and majority physical custody of Vanessa; shared legal and partial physical custody of Raquel; and shared legal and shared physical custody of Edward. Respectfully submitted, Date: .3" Cindy S. Conley, E uire HOWETT, KISS GER & CONLE , P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff Rosa A Hartman VERIFICATION I, Rosa M. Hartman, hereby swear and affirm that the facts contained in the foregoing Petition Raising Custody Claim are true and correct to the best of my knowledge, information and belief and are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: June 3, 2004 ` C'" 1 . HARTM 1 - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROSA M. HARTMAN, ) Plaintiff ) V. ) JAMES E. HARTMAN ) Defendant ) NO. 2003-6089 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Cindy S. Conley, Esquire, counsel for Rosa M. Hartman, Plaintiff in the above- captioned action, hereby certify that a true and correct copy of the foregoing Petition Raising Custody Claim was served upon Charles A. Rector, Esquire, counsel for Defendant, James E. Hartman, by depositing same in the United States mail, first class, on June 3, 2004, addressed as follows: Charles A. Rector, Esquire 1104 Femwood Avenue, Suite 203 Camp Hill, PA 17011-6912 Date: Cindy S. Conley, Esquire HOWETT, KISSINGER & CONLEY, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff Rosa M. Hartman IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROSA M. HARTMAN, ) Plaintiff ) V. ) JAMES E. HARTMAN ) Defendant ) NO. 2003-6089 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow the Plaintiff in this action, Rosa M. Hartman, to proceed in forma pauperis with regard to the Petition Raising Custody Claim which is being filed with this Court contemporaneously herewith. I, Cindy S. Conley, Esquire, attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. Date: 0 3 )ti"_e 0 `/ Respectfully submitted, Cindy S. Conle , squire HOWETT, KISSINGER & CO P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff Rosa M. Hartman FEDERMAN AND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 ATTORNEY FOR PLAINTIFF One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 Washington Mutual Bank, FA, S/I/I To Homeside Lending, INC., F/K/A Bancboston Mortgage, Corporation CUMBERLAND COUNTY . COURT OF COMMON PLEAS vs. Galen Trolinger Lisa Trolinger . CIVIL DIVISION NO. 2003-06512-CIVIL TERM ORDER AND NOW, this day of 2004, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED that the Rule entered upon Defendant(s) shall be and is hereby made absolute and Plaintiff's Petition is GRANTED and it is further ORDERED that the Prothonotary reassess the damages in this case as follows: Principal Balance 28,981.26 Interest Amount 11918.07 August 1, 2003 through June 9, 2004 Per Diem $6.11 Late Charges 103.56 Legal fees 1,250.00 Cost of Suit and Title 1,112.00 Sheriff's Sale Costs 0.00 Property Inspections/Preservation 1,503.75 MIP/PMI 0.00 NSF Fees 0.00 Suspense/Misc. Credits (0.00) Appraisal/BPO 0.00 Escrow Credit 0.00 Deficit 695.39 TOTAL $35,564.03 Plus interest per diem from June 9, 2004 through Date of Sale at six (6%) percent. NOTE: THE ABOVE FIGURE IS NOT A PAY OFF - SHERIFF'S SALE COSTS AND COMMISSION ARE NOT INCLUDED IN THE ABOVE FIGURES. BY THE COURT: J. FEDERMAN AND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 Washington Mutual Bank, FA, S/I/I To Homeside Lending, INC., F/K/A Bancbostor. Mortgage, Corporation vs. Galen Trolinger Lisa Trolinger ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION : NO. 2003-06512-CIVIL TERM NOTION TO MAKE RULE ABSOLUTE Plaintiff, by its Attorney, Daniel G. Schmieg, Esquire, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above captioned mortgage foreclosure action, and in support thereof, avers as follows: 1. That it is the Plaintiff in this action. 2. A Petition for Reassessment of Damages was filed with the Court on April 23, 2004 and Rule was entered upon Defendant(s) Galen Trolinger Lisa Trolinger on April 30, 2004 to show cause why the order for Reassessment should not be entered. A true and correct copy of the Rule is attached hereto as Exhibit A. 3. The Rule to Show Cause was timely served upon all parties in accordance with the applicable Rules of Civil Procedure, and a Certification of Service is attached hereto B. 4. Defendant(s) failed to respond or otherwise plead to the Rule Returnable date of . May 27, 2004 . WHEREFORE, Petitioner prays this Honorable Court make the Rule to Show Cause absolute and enter the Order for Reassessment of Damages. FEDER AND P AN,,,L.L.P. i 9 BY: G? Da'iel G. Schmieg, Esqu' e / Attorney for Plaintif Daniel G. Schmieg, Esquire, hereby states that he is the attorney for Plaintiff in this action, that he is authorized to take this affidavit, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. 54904 relating to unsworn falsification to authorities. DATE: June 4, 2004 FEDER AND L.L.P. By' Da e . Schmieg, Esgtl Attorney for Plainti? Exhibit A APR 2 8 2886 FEDERMAN AND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 ATTORNEY FOR PLAINTIFF One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 Washington Mutual Bank, FA, S/1/1 To Homeside Lending, INC., F/K/A Bancboston Mortgage, Corporation CUMBERLAND COUNTY . COURT OF COMMON PLEAS Vs. Galen Trolinger Lisa Trolinger CIVIL DIVISION : NO. 2003-06512-CIVIL TERM RVLS AND NOW, this .30? day of Iva 2004, a Rule 'is entered upon Galen Trolinger Lisa Trolinger, Defendant(s) to show cause why the attached Order for Reassessment of Damages should not be entered. RULE RETURNABLE -&U? C-40 J / u U BY THE COURT: R14d. J TRUE COPY FROM RECORD (n Testimony whereof, I here unto set my hand and the seal of said Court at Ca %W, Pa. Thin 3 ,,ey J-x at; Li. M Exhibit B FEDERMAN AND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 ATTORNEY FOR PLAINTIFF One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 Washington Mutual Bank, FA, S/I/I To Homeside Lending, INC., F/K/A Bancboston Mortgage, Corporation CUMBERLAND COUNTY . COURT OF COMMON PLEAS vs. Galen Trolinger Lisa Trolinger F-SM -, 11 E® X51\( (AH 11 S?chmieg, . CIVIL DIVISION : NO. 2003-06512-CIVIL TERM OF SERVICE fuIAN AND PHELA ATTOp R?N???PY Esquire, hereby certify that a copy of the Rule RetuFrW1e Date of May 27th, 2004 and a copy of Plaintiff's Petition for Reassessment of Damages have been sent to the individuals indicated below on May 7, 2004. Galen Trolinger Lisa Trolinger 615 West Pine Street, Mount Holly Springs, PA 17065 Date: May 7, 2004 -FEDERMAN AND PHELAN ATTORNEY FILE COPY 0jF";RERIRN FED RMAN AND PHELAN, L.L.P By: &- EL Daniel G. Schmieg, Esquire Attorney for Plaintiff A1TORNEyFxE R4WRX, r o ;Till 0 0 ? rn `o C ?. 0 r-? ? . -{ - i. -. .. C.-, IN THE COURT OF COMMON PLEAS OF ROSA M.HARTMAN PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 03-6089 CIVIL ACTION LAW JAMES E. HARTMAN IN CUSTODY DEFENDANT ORDER OF COURT Frida ,June 11, 2004 , upon consideration of the attached Complaint, AND NOW, S Sunday Es q. the conciliator, it is hereby directed that parties and their respective counsel appear before Dawn at 39 at 10:00 AM West Main Street, Mechanicsburg, PA 17055 on Monday, July 12,2004 lfct; will be made to resolve the issues in dispute; Or nary conference, ea e be heard by the court, and to enter into a temporary for a Pre-Hearing Custody Conference- f 1o ndefine and ce- At such if this cannot be accomplished, issues to order. All children age five or older may or also be present nent der the conference. Failure to appear at the conference ma provide grounds for entry of a temporary p The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prim to scheduled hearing. FOR THE COURT, mhc By. /s_ _-__ DQ7o n S ?ndav. °s__p __---- Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable office. accommodations available to disabled individuals having business before the court, please contact our of All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. t Bar Association Cumberland (,Oul y 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ?"?'?1l/,SNrd 6S .'I aid `'? ?nr aooz ??lUNpy?Obd 3N! d0 3?14 Q ltd ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of P nnsvlvania xO Original Order/Notice CO./City/Dist. of CUMBERLAND O Amended Order/Notice Date of Order/Notice 07/01/04 Tribunal/Case Number (See Addendum for case summary) Q Terminate Order/Notice RE: HARTMAN JAMES E. Employernaithholder's Federal EIN Number Employee/Obligor's Name (Last, First, MI) 173-52-3014 ECI CONSTRUCTION Employee/Obligor's Social Security Number 130 W CHURCH ST /f Op 6184101328 DILLSBURG PA 17019-1232 Employee/Obligor's Caseldentifier (See Addendum for plaintiff names T associated with cases on attachment) ??? 7G y 's -;?04 ) r/ Custodial Parent's Name (Last, First, MI) ?fICS£S 2j* 1643,6(0 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. Ely 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. $ 453 .00 per month in current support $ 21.67 per month in past-due support Arrears 12 weeks or greater? Dyes Q no $ o. oo per month in medical support $ o . o o per month for genetic test costs $ per month in other (specify) for a total of $ 474.67 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: $ 109, 54 per weekly pay period. $ 219 oa per biweekly pay period (every two weeks). $ 237.34 per semimonthly pay period (twice a month). $ 474.67 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 #10 on pg. 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER /D (shown above as the Employee/Obligor's Case Ide iti ler) Qp / L,.$ECUR/TY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. Z:?? -, L Date of Order: JUL - 2 2004 Service Type M OMB NO.: 0970-o,s4 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? If Checked you are required to provide a opy of this form to your ST If yo r employee works in is s not state th checkeat ed different from the state that issued this or?er, a copy must be provi?ed to your employee even if the box . businesses 1. We appreciate located the voluntary compliance of Federally recognized Indianwtribes, tribanotliclyoewned businesses, and Indian-owned on a reservation that choose to withhold in accordance ith this . 2. 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. 3. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 4.*-Re?_ _a,.,.., , , .. .... ?n ut, ....-.........nit LJ IU yayRlerrr--t}Ie- e`swages 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. 5.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #10 below) 6. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. WITHHOLDER'S ID: 1136672710 EMPLOYEE'S/OBLIGOR'S NAME: HARTMAN JAMES E. EMPLOYEE'S CASE IDENTIFIER: 6184101328 LAST KNOWN HOME ADDRESS: DATE OF SEPARATION: NEW EMPLOYER'S NAME/ADDRESS., 7. 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. 8. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for berth the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 10.* Withholding Limits: You may not withhold more than the lesser of. 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.C. §1673 (b)1; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. 11. 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. Submitted By. If you or your employee/obligor have any questions, DOMESTIC RELATIONS SECTION contact 13 N. R S WAGE ATTACHMENT UNIT 320 T by telephone LL; p 240-6225 or P.O. BOX 320 CARLISLE PA 17013 by FAX at (717) 40 i5248 or by internet www.childsuPPOrt-state.pa.us us Service Type M Page 2 of 2 Form EN-028 OMB No.; 0970-0154 Worker I D $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: HARTMAN, JAMES E. PACSES Case Number 062106415 Plaintiff Name ROSA M. HARTMAN Docket Attachment Amount 03-6089 CIVIL$ 185.67 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 PACKS Case Number 288106366 Plaintiff Name ROSA M. HARTMAN Docket Attachment Amount 00363 S 2004 $ 289100 Child(ren)'s Name(s): DOB RAQUEL R. HARTMAN 10/05/88 ? 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 PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo DOB Child(ren)'s Name(s): Service Type M Addendum OMB No.: 0970-0154 PACSES Case Number Plaintiff Name Form EN-028 Worker ID $IATT c i Lt i l Ln G N ROSA M. HARTMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 2003-6089 CIVIL TERM JAMES E. HARTMAN, IN DIVORCE Defendant/Respondent Pacses# 062106415 ORDER OF COURT AND NOW, this I' day of July, 2004, based upon the Court's determination that Petitioner's monthly net income/earning capacity is $1,775.54 and Respondent's monthly net income/earning capacity is $2,393.76, it is hereby Ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit, $177.00 per month plus $8.67 on arrearages payable weekly as follows; $40.85 for alimony pendente lite and $2.00 on arrears. First payment due next pay date at $42.85. Arrears set at $531.00 as of July 1, 2004. The effective date of the order is May 1, 2004. This Order considers that two children are in the care and custody of the defendant and that one child is in the care of the plaintiff and that there is a child support obligation for that child, Raquel. In Addition, Plaintiff pays the sum of $109.42 per month for medical insurance coverage for the defendant and the parties agree to add that sum for a reimbursement to the plaintiff in that amount. 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 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: Rosa Hartman. 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 defendant's PACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. Unreimbursed medical expenses that exceed $250.00 annually are to be paid as follows: 0% by Respondent and 100% by Petitioner. The Petitioner is responsible to pay the first $250.00 annually in unreimbursed medical expenses. Petitioner to provide medical insurance coverage. Within thirty days after the entry of this order, the Petitioner shall submit to the Respondent 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 addr4ess 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 of the benefit booklet or coverage contract; 7) a description of all deductibles and co-payrnents; and 8) five copies of any claim forms. This Order shall become final ten days after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Prothonotary for a hearing de novo before the Court. DRO: R. I Shadday Mailed copies on Petitioner 7-2-04: < Respondent Cindy Conley, Esquire Charles Rector, Esquire BY THE COURT, Edgar B. Bayley J. N ? 2' ° r o T c w tin =i N < ROSA M. HARTMAN, Plaintiff/Petitioner VS. JAMES E. HARTMAN, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION' - DIVORCE NO. 2003-6089 CIVIL TERM IN DIVORCE Pacses# 0621064115 DEMAND FOR HEARING DATE OF ORDER: July 1, 2004 AMOUNT: $177.00 per month plus $8.67 on arrears FOR: Alimony Pendente Lite RE?SO?I(S): e endant no on insurance c v th wi e provide health of the $109.42 per month reimbursement to his wife for medical -insurance coverage. PARTY FILING DEMAND FOR HEARING: S 0- 71 ej LSignatur Date ' t ri A 1 Can n ?- tt1 ?-_-,i CL.J 7n1 O r GJ JUL 1 6 2004 ROSA M. HARTMAN Plaintiff vs. JAMES E. HARTMAN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-6089 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this Z Z day of consideration of the attached Custody Conciliation Repo•dere and directed as follow2004, s: upon 1. The Mother, Rosa M. Hartman , and the Father, James E. Hartman, shall have shared legal custody of Vanessa L. Hartman, born June 1, 1987, Raquel R. Hartman, born October 5, 1988, and Edward J. Hartman, born June 20, 1993. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terns of this paragraph each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, school and medical records and information. 2. The Mother shall have primary physical custody of Raquel. The Father shall have regular and frequent contact with Raquel, with the specific arrangements to be made by agreement between the Father and Raquel. 3. The Father shall have primary physical custody of Vanessa. The Mother shall have regular and frequent contact with Vanessa with the specific arrangements to be made by agreement between the Mother and Vanessa. 4. The parties agree that Edward shall continue to reside primarily with the Father while the parties make arrangements for Edward to participate in a course of counseling for the purpose of repairing the Mother-Son relationship and assisting the parties in working toward their goal of a shared physical custody arrangement for Edward. The parties agree to initiate counseling for Edward with Kevin Heller or another professional selected by agreement of the parties. The parties shall also participate in the counseling if recommended by the counselor. At such time as the parties receive guidance from the counselor as to Edward's readiness for a shared custody arrangement, counsel for either party may contact the conciliator to schedule an additional custody conciliation conference, if necessary, to assist the parties in establishing a schedule. 5. Until such time as the parties receive guidance from Edward's counselor and establish a shared custody schedule, the Mother shall have custody of Edward on alternating weekends from Friday after work through Sunday at 9:30 p.m. during the summer school break, and through Monday morning before school after the beginning of the school year. In addition, the Mother shall have custody of Edward on weekdays from after work through 9:30 p.m. during the summer school break and through 8:30 p.m. during the school year. The parties agree that Edward shall not be forced to spend overnight periods of custody at the Mother's residence. However, the Child shall spend the remainder of his weekend periods of custody with the Mother. The parties agree that Edward shall attend church every weekend and, in the event the custodial parent is unable to take the Child to church, the noncustodial parent shall have the opportunity to take the Child to church. Upon providing advance notice to the Father the Mother may pick up the Child directly from school for weekday periods of custody if she is not working. 6. The parties shall share having custody of the Children on holidays as follows: A. Christmas: In every year, the Father shall have custody of the Children from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon, and the Mother shall have custody from Christmas Day at 12:00 noon through December 26 at 12:00 noon. B. Thanksgiving: In every year, the Father shall have custody on Thanksgiving Day from 9:00 a.m. until 3:00 p.m. and the Mother shall have custody from 3:00 p.m. through 9:30 p.m. C. Easter: In every year, the Father shall have custody of the Children on Easter Sunday from 8:00 a.m. until 1:00 p.m. and the Mother shall have custody from 1:00 p.m. through 9:30 p.m. D. Mother's Day/Father's Day: In every year, the Mother shall have custody of the Children on mother's Day and the Father shall have custody of the Children on Father's Day from 9:00 a.m. until 8:30 p.m. E. The holiday custody schedule shall supercede and take precedence over the regular custody schedule. 7. Each party shall be entitled to have custody of the Children for one uninterrupted week each year during non-school time upon providing at least 30 days advance notice to the other party unless otherwise agreed between the parties. The party providing notice first shall be entitled to preference on his or her selection of vacation dates. The Mother shall be entitled to have custody of the Children for an additional week each year if she plans to travel with the Children to Europe. The parties agree that the Mother shall have custody of the Children for two consecutive weeks in July or August, 2004 to take the Children to Spain before the beginning of the 2004-2005 school year. 8. The parties shall share the responsibility for providing transportation for exchanges of custody as arranged by agreement. 9. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. cc: Donald T. Kissinger, Esquire - Counsel for Mot Charles A. Rector, Esquire - Counsel for Father A ?n2a</?.! q. za 4Y a,tiFr Gv ,..Gcid Hl do ROSA M. HARTMAN Plaintiff vs. JAMES E. HARTMAN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-6089 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Vanessa L. Hartman June 1, 1987 Raquel R. Hartman October 5, 1988 Father Edward J. Hartman June 20, 1993 Mother Father 2. A conciliation conference was held on July 12, 2004, with the following individuals in attendance: The Mother, Rosa M. Hartman, with her counsel, Donald Kissinger, Esquire, and the Father, James E. Hartman, with his counsel, Charles Rector, Esquire. The parties agreed to entry of an Order in the form as attached. / ? d-)uy Date Dawn S. Sunday, Esquire Custody Conciliator ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of P nncyly-nia 0Original order/Notice CO./City/Dist. Of CUMBERLAND Date of Order/Notice 08/04/04 (D Amended Order/Notice Tribunal/Case Number (See Addendum for case summary) O Terminate Order/Notice RE HARTMAN Employer/Withholder's Federal EIN Number , JAMES E. Employee/Obligor's Name (Last, First, MO ECI CONSTRUCTION 130 W CHURCH ST DILLSBURG PA 17019-12328 .{ o L?/. ?? ? cSt ?v7 173-52-3014 Employee/Obligor's Social Security Number 6184101328 Employee/Obligor's Case Identifier (See Addendum hur plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MO 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. $ 434. 00 per month in current support $ 34.67 per month in past-due support Arrears 12 weeks or greater? (Dyes Q no $ o. oo per month in medical support $ o. oo per month for genetic test costs $ per month in other (specify) for a total of $ 468.67 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: $ 108.15 per weekly pay period. $ 216.31 per biweekly pay period (every two weeks). $ 2344 per semimonthly pay period (twice a month). $ 468 67 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 #10 on pg. 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (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 ADDITION, PAYMENTS MUST INCLUDE aboveas THE DEFENDANT'S NAMEAN'D THE PACSES MEMBER ID (shown ab the Employee/Obligor's Case identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. x r,. T C p-q AUG - 5 2004ll? 5 WV THE CO Date of Order: Service Type M Form EN-028 OMB No.: 0970-0156 Worker ID $IATT I ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? ?hecker you are required to provide a opy of this fo m to your mployee. If yo r employee works in a state that is di Brent rom the state that issued this o er, a copy must be prova to your employee even if the box is not checked. 1. We appreciate the voluntary compliance of Federally recognized Indian tribes, tribally-owned businesses, and Indian-owned businesses located on a reservation that choose to withhold in accordance with this notice. 2. 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. 3. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. state of the order and forward't principal place the withholding order of employment with respect to the time periyes ds?within which must with the lawof and forward the support payments. the 5.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #10 below) 6. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. WITHHOLDER'S ID: 1136672710 EMPLOYEE'S/OBLIGOR'S NAME: HARTMAN JAMES E. EMPLOYEE'S CASE IDENTIFIER: 6184101328 LAST KNOWN HOME ADDRESS: DATE OF SEPARATION:. NEW EMPLOYER'S NAME/ADDRESS: 7. 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. 8. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 10.* Withholding Limits: You may not withhold more than the lesser of:]) 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. 11. 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. Submitted By: If you or your employee/obligor have an DOMESTIC RELATIONS SECTION contact WAGE ATTACHMENT UNITtions, 13 N. HANOVER cT by telephone at BOX 320 by FAX at (71 i 17) 240-6225 or CARLISLE PA 17013 by internet www.cIn ild?? sum or pport.state. pa us Service Type M Page 2 of 2 Form EN-028 OMB NO.; 0970-0154 Worker ID $IATT ADDENDUM Summary of Cases on Attachment PACSES Case Number Plaintiff Name PACSES Case Number Plaintiff Name Service Type M Defendant/Obligor: HARTMAN, JAMES E. Addendum OMB No.: 0970-0154 PACKS Case Number 288106366 Plaintiff Naine ROSA M. HARTMAN Docket Attachment Amount 00363 S 2004 $ 289.00 Child(ren)'s Name(s): DOB RAQUEL R. HARTMAN 10/05/88 ?identified above in any health id ns? aenroll the nte coverage available through the employee's/obligor's employment. PACKS Case Number Plaintiff Name PACSES Case Number Plaintiff Name Form EN-028 Worker ID $IATT G 7 Fr r. <1 i`> -= -- ern W ROSA M. HARTMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 2003-6089 CIVIL TERM JAMES E. HARTMAN, IN DIVORCE Defendant/Respondent Pacses# 062106415 ORDER W COURT AND NOW, this 5`h day of August, 2004, based upon the Court's determination that Petitioner's monthly net income/earning capacity is $1,775.54 and Respondent's monthly net income/earning capacity is $2,393.76, it is hereby Ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit, $158.00 per month plus $21.6 7 on arrearages payable weekly as follows; $36.46 for alimony pendente lite and $5.00 on arrears. First payment due next pay date at $41.46. Arrears set at $490.04 as of August 4, 2004. The effective date of the order is July 2, 2004. This Order considers that two children are in the care and custody of the respondent and that one child is in the care of the petitioner andthat there is a child support obligation for that child, Raquel. This Order further considers that the respondent has secured his own medical insurance coverage and will not be reimbursing the plaintiff for his share of the costs on her policy. 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 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: Rosa Hartman. 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 defendant's PACSES Member Number or Social Securi ty Number in order to be processed. Do not send cash by mail. Unreimbursed medical expenses that exceed $250.00 annually are to be paid as follows: 0% by Respondent and 100% by Petitioner. The Petitioner is responsible to pay the first $250.00 annually in unreimbursed medical expenses. Neither party to provide medical insurance coverage. This Order shall become final ten days after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Prothonotary for a hearing de novo before the Court. DRO: R. I Shadday BY THE COURT, Mailed copies on Petitioner 8-5-04: < Respondent Charles Rector, Esquire Cindy Conley, Esquire Edgar B. Bayley J. FROM : Charles Rector, Esq. PHONE NO. : 717+761+2161 Jul. 01 2004 03:31PM P1 Law Offices of Tammy S. Faust Paralegal Charles Rector, Esquire,lP.C. 1104 Femwood Avenue, Ste. 203 Camp Hill, PA 17011-6912 www.charlem=or.com (717) 761-8101 Fax (717) 761-2161 July 1, 2004 WA Fa;r (7171240-6248 Rlkki Shadday, Conference Office Cumberland County Domestic Relations 13 N. Hanover Street Carlisle, PA 17013 Re. Rose M. Hartman v. James E. H Gwen No. 03.608D Term PACSES 062106415 Dear Ms. Shadday: This letter is a follow-up to our Support Conference of this morning In the above- referenced matter. Mr. Hartman secured his own health insurance foilowing the hearing. I have advised Attorney Conley of this fact through the enclosed letter. I respectfully request that the Support Order be amended to reflect a reduction In the amount of $110.50 per month as and for the Insurance premium which Mrs. Hartman will no longer be required to pay. This change will reduce Mr. Hartman's base APL payment to $158.00 with an additional $5.00 for arrears. I am advising Mr. Hartman, effective Friday pay the amount of $163.00 per week ($158.0010rder + $5.00/a 'ears) until a wage attachment takes effect. Your kind cooperation in amending the Order to reflect this change will be most appreciated. Of course, If you have any questions regarding this matter, please do not hesitate to contact me. Very truly yours, Charles Rector CR/tsf Enclosure oc: James Hartman Cindy Conley, Esquire O c y -,l ::= n Il E -77 L_ W rn I CO ROSA M. HARTMAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V NO. 2003-6089 CIVIL TERM PACSES# 6021064,15 JAMES E. HARTMAN, CIVIL ACTION - LAW Defendant IN DIVORCE PRAECIPE TO WITHDRAW: TO THE PROTHONOTARY: Please withdraw Defendant's Demand for Hearing filed on July 9, 2004, in the above-captioned matter. RESPECTFULLY Charles Rector, sq ire 1104 Fernwood ven Sloe. 203 Camp Hill, PA 17011-6912 (717) 761-8101 Attorney for Defendant ???°? Date: ?-? r.? c_? <: 7n. -? ,. T7+;;! -*'? Vim} f.. ? .'- t A _i ..:; -rr 1_-Il C:7 ? _ I - `f) ... _? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROSA M. HARTMAN, ) Plaintiff } V. ) JAMES E. HARTMAN ) Defendant ) NO. 2003-6089 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PETITION TO INCREASE ALIMONY PENDENTE LITE AND NOW comes Plaintiff, Rosa M. Hartman, by and through her counsel, Cindy S. Conley, Esquire, who files this Petition to Increase Alimony Pendente Lite, as follows: Plaintiff filed a Complaint in Divorce on November 19, 2003, which complaint raised a count for Alimony Pendente Lite. 2. On the 5`s day of August, 2004, the Cumberland County Domestic Relations Section entered an Order against Defendant in the amount of $158 plus $21.67 on arrears per month representing alimony pendente lite. 3. Since the entry of said Order, the circumstances have changed, as follows: The parties' oldest child, who resides with Defendant, Vanessa, date of birth, June 1, 1987, will turn 18 this year and will graduate from high school. The parties' minor child, Raquel, date of birth October 5, 1988, continues to reside with Plaintiff. The parties' youngest child, Edward, date of birth June 20 1993, continues to reside with Defendant. However, once Vanessa is removed from the consideration on the order, Plaintiff is entitled to an increase in the alimony pendente lite due her. 4. Plaintiff is contemporaneously filing a Petition to Increase Child Support with the Cumberland County Domestic Relations Section. WHEREFORE, Plaintiff respectfully requests that this Honorable Court increase the amount of alimony pendente lite paid by Defendant. Dater ,?Q^ S- Respectfully submitted, r- 4 Cindy S. Conley,,Esquire Howett, Kissinger, Conley & H stt P.C. 130 Walnut Street, P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff Rosa A Hartman VERIFICATION I, Rosa M. Hartman, hereby swear and affirm that the facts contained in the foregoing Petition to Increase Alimony Pendente Lite are true and correct to the best of my knowledge, information and belief and are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. Date: 6 Rosa M. Hartman IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROSA M. HARTMAN, Plaintiff ) V. ) NO. 2003-6089 CIVIL TERM JAMES E. HARTMAN, ) CIVIL ACTION - LAW Defendant ) IN DIVORCE CERTIFICATE OF SERVICE I, Cindy S. Conley, Esquire, counsel for Rosa M. Hartman, Plaintiff in the above- captioned action, hereby certify that a true and correct copy of the foregoing Petition to Increase Alimony Pendente Lite was served upon Charles A. Rector, Esquire, counsel for Defendant James E. Hartman, by depositing same in the United States mail, first class, on June 2, 2005, addressed as follows: Charles A. Rector, Esquire 1104 Fernwood Avenue, Suite 203 Camp Hill, PA 17011-6912 Date: o? U a oe s 2 Cindy S. Conl , Esquire Howett, Kissinger, Conl & Holst, P.C. 130 Walnut Street, P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff Rosa M. Hartman c? c. o a on rrrrr. C.? ?? f ? -p m a ROSA M. HARTMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 2003 _AW CIVIL TERM JAMES E. HARTMAN, IN DIVORCE Defendant/Respondent PACSES# 062106415 ORDER OF COURT AND NOW, this 22nd day of September, 2005, based upon the Court's determination that Petitioner's monthly net income/earning capacity is $1282.95 and Respondent's monthly net income/eaming capacity is $3046.84, it is hereby Ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit, $187.67 per month payable monthly as follows; $166.00 for alimony pendente lite and $21.67 on arrears. First payment due next wage withholding payment. Arrears set at $369.01 as of September 22, 2005 . The effective date of the order is September 1, 2005. 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 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: Rosa M. Hartman. 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 Unreimbursed medical expenses that exceed $250.00 annually are to be paid as follows: 0% by Respondent and 100% by Petitioner. The Petitioner is responsible to pay the first $250.00 annually in unreimbursed medical expenses. Neither party to provide medical insurance coverage. Within thirty (30) days after the entry of this Order, the Petitioner shall submit to Respondnet written proof that medical insurance coverage has been obtained or that application for coverage has been made. Proof of coverage shall consist, at minimum, o£ 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 of the benefit booklet or coverage contract; 7) a description of all deductibles and co-payments; and 8) five copies of any claim forms. This Order shall become final ten days after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Prothonotary for a hearing de novo before the Court. Consented: Petitioner Respondent Petitioner's Attorney Respondent's Attorney BY Edgar DRO: R. I Shadday Mailed copies on: Petitioner September 22, 2005 Respondent Charles Rector, Esq. Cindy S. Conley, Esq. Judge -- n ~J n P -r:r 2 ?3 10 to 3 to to ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT lV t)3 to 3 S d00 y State Commonwealth of Pennsylvania A 0 4I 0Original Order/Notice Co./City/Dist. of CUMBERLAND O °? 1 p O Amended Order/Notice Date of Order/Notice 09/22/05 No. 03-14089 CI'VJ O Terminate Order/Notice Case Number (See Addendum for case summary) RE: HARTMAN, JAMES E. Employer/Withholder's Federal EIN Number Employee/Obligor's Name (Last, First, Mo ECI CONSTRUCTION 130 W CHURCH ST DILLSBURG PA 17019-1232 173-52-3014 Employee/Obligor's Social Security Number 6184101328 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. $ 542. 00 per month in current support $ 34.67 per month in past-due support Arrears 12 weeks or greater? Oyes ® no $ o . 0o per month in current and past-due medical support $ 0.00 per month for genetic test costs $ per month in other (specify) for a total of $ 576.67 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: $ 133. 08 per weekly pay period. $ 266.16 per biweekly pay period (every two weeks). $ 288.34 per semimonthly pay period (twice a month). $ 576. 67 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 remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (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. /- ?-? BYT COURT: Date of Order: SEP 2 2 2005 \,? vc%n Form EN-028 Service Type M OMBNO:o9)o-0134 WorkerlD $IATT MO t led ?#3J6 S` ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? If4heckefl you are required to provide a copy of this form to your employee. If yo r employee works in a state that is di event rrom the state that issued this order, a copy must be provided to your employee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.*-ReportingthefaydaWBate-of Withholding-You-mast-report the pagdateMateofwit cl paydate/date-mf rholdmg-isthe date -on-wI. ch-amount -waswithheld . You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 1136672710 EMPLOYEE'S/OBLIGOR'S NAME: HARTMAN, JAMES E. EMPLOYEE'S CASE IDENTIFIER: 6184101328 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act 0 5 U.S.C. §1673 01; 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: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 Service Type M If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 OMB NO.: 09700154 Form EN-028 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: RARTMAN, JAMES E. PACKS Case Number 062106415 Plaintiff Name ROSA M. HARTMAN Docket Attachment Amount 03-6089 CIVIL$ 187.67 Child(ren)'s Name(s): DOB PACSES Case Number 288106366 Plaintiff Name ROSA M. HARTMAN Docket Attachment Amount 00363 S 2004 $ 389.00 Child(ren)'s Name(s): DOB RAQUEL R. HARTMAN 10/05/88 ?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 $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available identified above in any health insurance coverage available through the employee's/obligor's employment. through the employee's/obligor's employment. Addendum Form EN-028 WorkerlD $IATT Service Type M OMB No, U97U-01Sa ? N v O G, cP ? ?,?m t?> =`ri' w '?.:,kv =' ? , -.-?? _ ? ? c:; _:: W ? r 1 Commonwealth of Pennsylvania County of Cumberland, SS: ROSA M. HARTMAN, ) In the Court of Common Pleas of Plaintiff ) Cumberland County. Pennsylvania V. ) NO. 2003-6089 CIVIL TERM JAMES E. HARTMAN, ) CIVIL ACTION - LAW Defendant ) IN DIVORCE Motion for Appointment of Master Plaintiff Rosa M. Hartman moves the court to appoint a master with respect to the following claims: (X) Divorce (X) Distribution of Property ( ) Annulment ( ) Support (X) Alimony (X) Counsel Fees (X) Alimony Pendente Lite (X) Costs and Expenses and in support of the motion states: Discovery is complete as to the claim(s) for which the appointment of a master is requested. 2. The defendant has appeared in this action by his attorney, Charles A. Rector, Esquire. 3. The statutory grounds for divorce are §3301(c). 4. The action is not contested. An agreement has been reached with respect to the following claims: none. The action is contested with respect to the following claims: divorce, alimony, alimony pendente lite, distribution of property, counsel fees, costs and expenses. 5. The action involves complex issues of law or fact. 6. The hearing is expected to take one day. Additional information, if any, relevant to the motion: Date: T 4? AND NOW, 2006, _ master with respect to the following claims: Cindy S. Conley, uire Attorney for PI ' tiff Rosa M. Hartm BY THE COURT: Esquire is appointed J. Commonwealth of Pennsylvania County of Cumberland, SS: ROSA M. HARTMAN, ) In the Court of Common Pleas of Plaintiff ) Cumberland County, Pennsylvania V. ) NO. 2003-6089 CIVIL TERM JAMES E. HARTMAN, ) CIVIL ACTION - LAW Defendant ) IN DIVORCE Motion for Appointment of Master Plaintiff Rosa M. Hartman moves the court to appoint a master with respect to the following claims: (X) Divorce (X) Distribution of Property ( ) Annulment ( ) Support (X) Alimony (X) Counsel Fees (X) Alimony Pendente Lite (X) Costs and Expenses and in support of the motion states: requested. Discovery is complete as to the claim(s) for which the appointment of a master is 2. The defendant has appeared in this action by his attorney, Charles A. Rector, Esquire. The statutory grounds for divorce are §3301(c). 4. The action is not contested. An agreement has been reached with respect to the following claims: none. The action is contested with respect to the following claims: divorce, alimony, alimony pendente lite, distribution of property, counsel fees, costs and expenses. The action involves complex issues of law or fact. 6. The hearing is expected to take one day. 7. Additional information, if any, relevant to the motion: Date: L216??z (:K Cindy S. Conley, uire Attorney for PI tiff Rosa M. Hartm AND NOW, 2006,r (/ CC. (esquire is appointed master with respect the following claims: BY 71Hre COU ? 6'U 0 '-? ?- 5t ?'?{ ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 10/30/06 Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number ECI CONSTRUCTION 130 W CHURCH ST DILLSBURG PA 17019-1232 amo&314 .31o3 S 2004 RE:HARTMAN, JAMES E. D(o2/6&415 03 - &M 0,116L O Original Order/Notice O Amended Order/Notice O Terminate Order/Notice Employee/Obligor's Name (Last, First, MI) 173-52-3014 Employee/Obligor's Social Security Number 6184101328 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. $ 542 . 00 per month in current support $ o. oo per month in past-due support Arrears 12 weeks or greater? Dyes ® no $ 0.00 per month in current and past-due medical support $ 0 .00 per month for genetic test costs $ per month in other (specify) for a total of $ 542.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 125.08 per weekly pay period. $ 250.15 per biweekly pay period (every two weeks). $ 271. oo per semimonthly pay period (twice a month). $ 542.0/ 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 COURT: Date of Order: nf`T q ,flit; ' IV% I %.- INA-It' 1/ Form EN-028 Rev. 1 Service Type M OMB No.: 0970-0154 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? Ifhecke?l you are required to provide a copy of this form to your mployee. If your employee works in a state that is di erent the the state that issued this order, a copy must be provided to your employee even if the box is not cheCKed. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* You must comply with the law of the withholding is the date on which amount was rniployee s wages. state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 1136672710 EMPLOYEE'S/OBLIGOR'S NAME: HARTMAN, JAMES E. EMPLOYEE'S CASE IDENTIFIER: 6184101328 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act 0 5 U.S.C. §1673 (b)1; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. For tribal orders, you may not withhold more than the amounts allowed under the law of the issuing tribe. For tribal employers who receive a state order, you may not withhold more than the amounts allowed under the law of the state that issued the order. 10. Additional Info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Submitted By: If you or your employee/obligor have any questions, DOMESTIC RELATIONS SECTION contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 Service Type M OMB No.: 0970-0154 Form EN-028 Rev. 1 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: HARTMAN, JAMES E. PACKS Case Number 062106415 Plaintiff Name ROSA M. HARTMAN Docket Attachment Amount 03-6089 CIVIL$ 166.00 Child(ren)'s Name(s): DOB PACSES Case Number 288106366 Plaintiff Name ROSA M. HARTMAN Docket Attachment Amount 00363 S 2004 $ 376.00 Child(ren)'s Name(s): DOB RAQUEL R. HARTMAN 10/05/88 ? 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 $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. ? 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 $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. Addendum Form EN-028 Rev. 1 Service Type M Worker ID $IATT OMB No.: 0970-0154 ?'- C_7 cr. "t7 C7) "-1 r,,,) f TI 4 ". ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dirt. of CUMBERLAND Date of Order/Notice 06/04/07 Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number 062106415 O Original Order/Notice 03-6089 CIVIL O Amended Order/Notice 288106366 O Terminate Order/Notice 363 S 2004 RE: HARTMAN, JAMES E. Employee/Obligor's Name (Last, First, MI) 173-52-3014 Employee/Obligor's Social Security Number ECI CONSTRUCTION 6184101328 130 W CHURCH ST Employee/Obligor's Case Identifier D I LLSBURG PA 17019-1232 (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. $ 166.00 per month in current support $ 21.67 per month in past-due support Arrears 12 weeks or greater? Dyes ® no $ 0.00 per month in current and past-due medical support $ 0.00 per month for genetic test costs $ 0.00 per month in other (specify) for a total of $ 187.67 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: $ 43 31 per weekly pay period. $ 86 .b2 per biweekly pay period (every two weeks). $ 93.84 per semimonthly pay period (twice a month). $ 187.67 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 COURT: Date of Order: JUN 0 5 2007 ? L U4 M. L. Ebert, Jr., ge DRO: R.J. Shadday Form EN-028 Rev. 1 Service Type M OMB No.: 0970-0154 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? ifdhecked you are required to provide gopy of this form to your mployee. If yoyr employee works in a state that is di Brent ffrom the state that issued this or er, a copy must be provided to your emp oyee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employeelobligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* Reporting .,t'iePaydateAE)ate,jfWit'i,oldinr,. You must report the paydate/date of withholding w ien sendir1r, tile paymelpt. Tile paydate/date of withholding is the date on which amount was Withheld front the employee's You must comply with the law of the wages. state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4. * Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employeelobligor 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: 1136672710 EMPLOYEE'S/OBLIGOR'S NAME:_ HARTMAN, JAMES E. ' EMPLOYEE'S CASE IDENTIFIER: 6184101328 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 employeelobligor'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 employeelobligor from employment, refusing to employ, or taking disciplinary action against any employeelobligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.C. §1673 (b)1; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. For tribal orders, yoG may not withhold more than the amounts allowed under the law of the issuing tribe. For tribal employers who receive a state order, you may not withhold more than the amounts allowed under the law of the state that issued the order. 10. Additional Info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11.Submitted By: If you or your employee/obligor have any questions, DOMESTIC RELATIONS SECTION contact WAGE ATTACHMENT UNIT 1.3 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 Service Type M by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 OMB No.: 0970-0154 Form EN-028 Rev. 1 Worker I D $ IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: HARTMAN, JAMES E. PACSES Case Number 062106415 Plaintiff Name ROSA M. HARTMAN Docket Attachment Amount 03-6089 CIVIL$ 187.67 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. PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACKS Case Number Plaintiff Name - Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB 0 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 $ 0.00 Child(ren)'s Name(s): DOB ?If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. Addendum Form EN-028 Rev. 1 Service Type M Worker ID $IATT OMB No.: 0970-0154 -rs C? v --? c?- r?? ?== ..> ? :... ?? ? ? ? ?? rt ? r-,. ; T-r ?.. ? '? i ' { , ii it--. wl. In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION ROSA M. HARTMAN ) Docket Number 03-6089 CIVIL Plaintiff ) vs. ) PACSES Case Number 062106415 JAMES E. HARTMAN ) Defendant ) Other State ID Number ORDER AND NOW, to wit, on this 6TH DAY OF JUNE, 2007 IT IS HEREBY ORDERED that the support order in this case be Q Vacated or Q Suspended or Terminated without prejudice or Q Terminated and Vacated, effective JUNE 5, 2007 , due to: THE PARTIES AGREEMENT BEFORE THE SUPPORT MASTER ON JUNE 5, 2007. THERE IS NO BALANCE DUE THE PLAINTIFF. BY THE COURT: N\ t ?-LA M. L. Ebert, Jr . , JUDGE DRO: R.J. Shadday Form OE-504 Service Type M Worker ID 21005 "'O V Cr' `A ti ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dirt. of CUMBERLAND Date of Order/Notice 06/05/07 Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number ECI CONSTRUCTION 130 W CHURCH ST DILLSBURG PA 17019-1232 062106415 O Original order/Notice 03-6089 CIVIL O Amended Order/Notice O Terminate Order/Notice RE: HARTMAN, JAMES E. Employee/Obligor's Name (Last, First, MI) 173-52-3014 Employee/Obligor's Social Security Number 6184101328 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. $ 0 . oo per month in current support $ o. oo per month in past-due support Arrears 12 weeks or greater? Dyes ® no $ 0. 00 per month in current and past-due medical support $ 0. 00 per month for genetic test costs $ o . oo per month in other (specify) for a total of $ 0.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ o . o0 per weekly pay period. $ o. oo per biweekly pay period (every two weeks). $ o. 00 per semimonthly pay period (twice a month). $ o . 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 COURT: Date of Order: JUN G 6 2007 N t M. L. Ebert, Jr., Age DRO: R.J. Shadday Form EN-028 Rev. 1 Service Type M OMB No.: 0970-0154 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? If heck you are required to provide a opy of this form to your mployee. If yo r employee works in a state that is di erent from the state that issued this or?er, a copy must be provi?ed to your employee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. ., when sending the payment. T w 3.* Reporting the Paydat&Date of Withholding. YOU 111USt repOrt the paydate/date of withholding paydate/date of withholding is the date on which aniount was withheld firin the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employeelobligor 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: 1136672710 EMPLOYEE'S/OBLIGOR'S NAME: HARTMAN, JAMES E. EMPLOYEE'S CASE IDENTIFIER: 6184101328 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.C. §1673 01; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. For tribal orders, you may not withhold more than the amounts allowed under the law of the issuing tribe. For tribal employers who receive a state order, you may not withhold more than the amounts allowed under the law of the state that issued the order. 10. Additional Info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Submitted By: If you or your employee/obligor have any questions, DOMESTIC RELATIONS SECTION contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 Service Type M by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 OMB No.: 0970-0154 Form EN-028 Rev. 1 Worker ID $ IATT r - ADDENDUM Summary of Cases on Attachment Defendant/Obligor: HARTMAN, JAMES E. PACSES Case Number 062106415 Plaintiff Name ROSA M. HARTMAN Docket Attachment Amount 03-6089 CIVIL$ 0.00 Child(ren)'s Name(s): DOB ?lf 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 $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB El 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 $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. Addendum Form EN-028 Rev. 1 Service Type M Worker ID $IATT OMB No.: 0970-0754 c? ? a r) C7 - Ti - vim IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROSA M. HARTMAN, ) Plaintiff ) V. ) JAMES E. HARTMAN ) Defendant ) NO. 2003-6089 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under §3301(c) of the Divorce Code was filed on November 19, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of filing and service of the complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §33010 OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made above are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: b` S-O--k-,.rT`••??-- Rosa M. Hartman, Plaintiff ' C= r . _ o y . c cn to JUN-05-2007(TUE) 09;23 CHARLES RECTOR ESQ (FRX)7177612161 ROSA M. HARTMAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. JAMES E. HARTMAN, Defendant : NO. 2003-6089 CIVIL TERM CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on November 19, 2003. 2. The marriage of Plaintiff and Defendant Is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final decree In divorce after service of notice of intention to request entry of the decree. OF 1. 1 consent to the entry of a final decree of divorce without notice. 2, 1 understand that 1 may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. P. 001/002 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 herein 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 unworn falsification to authorities. James E, art n Date: 7 CC) ROSA M. HARTMAN, Plaintiff vs. JAMES E. HARTMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03 - 6089 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this r day of tP 2007, the parties and counsel having entered into an agreement and stipulation resolving the economic issues on June 5, 2007, the date set for a conference, the agreement and stipulation having been transcribed, and subsequently signed by the parties and counsel, the appointment of the Master is vacated and counsel can conclude the proceedings by the filing of a praecipe to transmit the record with the affidavits of consent of the parties so that a final decree in divorce can be entered. BY T COURT, Edgar B. Bayley, P.J. cc: arren J. Holst Attorney for Plaintiff Andrea Duffy At orney for Defendant lno?.ttlc s ?c?'bc. a% -,;,- cif Ly ? ? ,1 ROSA M. HARTMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 03 - 6089 CIVIL JAMES E. HARTMAN, Defendant IN DIVORCE THE MASTER: Today is Tuesday, June 5, 2007. This is the date set for a conference in the above-captioned divorce proceedings. Present in the hearing room are the Plaintiff, Rosa M. Hartman, and her counsel Darren J. Holst, and the Defendant, James E. Hartman, and his counsel Andrea Duffy. Ms. Duffy is sitting in today for attorney Rector who is of record the attorney for the Defendant. Ms. Duffy is associated with Mr. Rector so her presence here today does not require her to enter a specific appearance and Mr. Rector to withdraw his appearance. A complaint in divorce was filed on November 19, 2003, raising grounds for divorce of irretrievable breakdown of the marriage. Affidavits of consent and waivers of notice of intention to request entry of divorce decree will be provided to the Master today signed by the parties and dated today. The affidavits and waivers will be filed with the Prothonotary by the Master's office. The divorce can then conclude under Section 3301(c) of the Domestic Relations Code. The complaint raised economic claims of 1 equitable distribution, alimony, and counsel fees and expenses. The parties were married on August 25, 1985, and separated on November 19, 2003. The parties have three children, two of whom are emancipated; the youngest child is currently residing with the husband. The Master has been advised that after negotiations the parties have reached an agreement with respect to the outstanding economic issues. The agreement is going to be placed on the record in the presence of the parties. The agreement as placed on the record will be considered the substantive agreement of the parties not subject to any changes or modifications except for correction of typographical errors which may be made during the transcription. If we have time today, the parties are going to return and the court reporter will let us know if she can have the agreement prepared around 11:00 a.m. for the parties to review for typographical errors and then affix their signatures affirming terms of settlement. If the agreement cannot be completed by 11:00 a.m. then the Master's office will mail the draft to counsel who can then make the appropriate typographical corrections if necessary and have their clients then sign the agreement affirming the settlement. Nevertheless, it is understood that the parties are bound by the terms of the agreement when they leave here 2 r' today even though there is no subsequent signing of the agreement affirming the settlement. Upon receipt by the Master of a completed agreement, the Master will prepare an order vacating his appointment and counsel can then file a praecipe transmitting the record to the Court requesting a final decree in divorce. Mr. Holst. MR. HOLST: 1. Husband agrees to pay wife as and for equitable distribution the lump sum of $5,000.00 which shall be paid no later than 120 days after date of execution of this agreement. 2. During the marriage the parties resided at 604 East Keller Street, Mechanicsburg, Pennsylvania, which property is titled in the name of husband's parents. Wife hereby waives, relinquishes, and releases any and all past, present, future right, title, claim, or interest she may have in and to 604 East Keller Street, Mechanicsburg, Pennsylvania. Husband shall be solely responsible for all costs and expenses associated with the residence during his possession thereof. 3. The parties previously divided by agreement all personalty and furnishings acquired during the marriage. Husband shall retain any and all personalty and furnishings currently in his possession and wife shall retain any and all personalty and furnishings currently in her possession. 4. Husband shall retain possession of any automobiles currently titled in his name or in his possession and he shall be solely responsible for all costs and expenses associated therewith. Wife shall retain possession of any automobiles currently titled in her name or in her possession and she shall be solely responsible for all costs and expenses associated therewith. 3 00 1 To the extent necessary, the partie shall cooperate in transferring title and insurance. 5. Except as provided for below each party specifically releases and waives any and all right, title, claim and interest that he or she may have in and to retirement benefits of the other specifically to include a waiver of any spousal annuity benefits or beneficiary designations thereunder. The parties agree that they shall execute any documents pursuant to the retirement equity act or any similar act that may be required from time to time to accomplish the purposes of this paragraph. 6. Notwithstanding the above, the parties acknowledge that husband presently has benefits pursuant to an Eichelberger Construction Incorporated, Davis-Bacon Act pension plan. Wife shall receive the sum of $19,000.00 plus interest and earnings thereon from the date of this agreement and until the sums are actually segregated for her benefit out of husband's Davis-Bacon Act pension plan. The interest and earnings on wife's $19,000.00 shall be interest and earnings on said sum as those monies accrue within the plan. The segregation of wife's funds from the Davis-Bacon Act shall be accomplished pursuant to a QDRO, and husband shall be solely responsible for the costs associated with the preparation of said order to accomplish the segregation of those funds. It is the understanding of the parties that the plan will not allow an immediate roll over into an individual retirement account, hence the reason the sums will be segregated for the wife's benefit. 7. During the marriage the parties accumulated marital debt in the approximate amount of $7,207.00 comprised of a jointly titled Visa credit card and an unsecured credit union loan. The parties agree husband shall be solely responsible for payment of said marital debts and he shall indemnify and hold wife harmless from any costs and expenses associated therewith. Husband acknowledges that he has secured a loan with Member's 1st to pay off the Visa and the unsecured loan. 8. Each party hereby waives any right to any life insurance owned or possessed by the other party. And each party agrees to waive any right to be named as a beneficiary under any life insurance policies owned by the other. 9. Effective the date of this agreement, each party expressly waives, releases and discharges any and all rights or claims that they may have now or hereafter by reason of the parties marriage to alimony, alimony pendente lite, 4 1 spousal support, separate maintenance or any other like benefits resulting from the parties' marriage. The parties agree to release and waive any rights they may have to seek any modification of the terms of this paragraph in a Court of law or equity, it being understood that the foregoing constitutes a final determination for all time of either party's obligation to contribute to the support and maintenance of the other. The parties acknowledge that there presently is an order through the Cumberland County Domestic Relations Office, at action No. 00363-5-2004, PACES case No. 288106366, from which wife receives alimony pendente lite. Wife's right to alimony pendente lite shall terminate as of the date of this agreement. To the extent that there are any arrears on said order it shall be husband's responsibility to pay them off in accordance with the order. To the extent that there is any credit on husband's APL obligation, said credit shall be refunded to him in accordance with the order. 10. Each party hereby waives any right to seek reimbursement for legal fees, costs or expenses incurred in connection with this action or the recitation of this agreement today. 11. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. THE MASTER: Ms. Hartman, have you been present during the statement of the agreement on the record? MS. HARTMAN: Yes. THE MASTER: Do you have any questions about it? 5 MS. THE MS. THE agreement will con MS. THE present during the MR. THE MR. THE it? HARTMAN: MASTER: HARTMAN: MASTER: elude all HARTMAN: MASTER: statemen HARTMAN: MASTER: HARTMAN: MASTER: MR. HARTMAN: THE MASTER: this agreement conclude and in your divorce action? MR. HARTMAN: MS. DUFFY: question? No. Do you understand it? Yes. Are you satisfied that the issues relating to your divorce? Yes, sir. Mr. Hartman, have you been t of the agreement on the record? Right. Do you understand the agreement? Yes, sir. Do you have any questions about No, sir. And are you satisfied to have resolve all outstanding issues Yes, sir. May I just add an additional THE MASTER: Sure. 6 PO* MS. DUFFY: And are you satisfied with our firm's representation of you in this matter? MR. HARTMAN: Yes. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: DATE: Darr J. Ho1st Attorney for Plaintiff Andrea Duffy Attorney for Defendant 4 - -,5--o l Rosa M. Hartman 1 ames Har an 7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROSA M. HARTMAN, ) Plaintiff ) V. ) } JAMES E. HARTMAN, ) Defendant ) NO. 2003-6089 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Service by certified mail on December 17, 2003; Affidavit of Service filed December 26, 2003. 3. Date of execution of the affidavit of consent required by §3301(c) of the Divorce Code: by plaintiff, June 5, 2007; by defendant, June 5, 2007. 4. Related claims pending: No related claims pending. 5. Date plaintiff s Waiver of Notice in §3301(c) Divorce was filed with the prothonotary: June 7, 2007; date defendant's Waiver of Notice in §3301(c) Divorce was filed with the prothonotary: June 7, 2007. Date: /` 1 7 Darren J. Ho t, Esquire HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street, P. O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff Rosa M. Hartman ?? r-? r? ? - _,,..t ? ? r, ?.? ? r! ?+? ?..tr ? w. .: a ? ? _',` _ +'1 ,.,++?. '?y,s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. ROSA M. HARTMAN, Plaintiff VERSUS JAMES E. HARTMAN, Defendant No. 2003-6089 CIVIL TERM DECREE IN DIVORCE 2007 AND NOW, IT IS ORDERED AND ROSA M. HARTMAN DECREED THAT AND JAMES E. HARTMAN ARE DIVORCED FROM THE BONDS OF MATRIMONY. , PLAINTIFF, )DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; None. co• p- ly e-1, aI,/-17 i JAN 14 2008 #w Rosa Haan IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 03-6089 CIVIL James E. Hartman IN DIVORCE Defendant QUALIFIED DOMESTIC RELATIONS ORDER 1. This Order relates to the provision of marital property rights to the Alternate Payee. 2. This Order creates and recognizes the existence of an Alternate Payee's right to receive a portion of the Participant's benefits payable under an employer sponsored defined contribution plan which is intended to be qualified under Internal Revenue Code of 1986 ("Code") §401(a). The Court intends this order to be a Qualified Domestic Relations Order ("QDRO") within the meaning of Code §414(p) and §206(d) of the Employee Retirement Income Security Act of 1974 as amended ("ERISA" ). The Court enters this QDRO pursuant to its authority under the 23 P.C.S.A. §3502. 3. This QDRO applies to the Eichelberger Construction, Inc. Davis-Bacon Act Pension Plan ("Plan"). Further, this Order shall apply to any successor plan to the Plan or any other plan(s) to which liability for provision of the Participant's benefits described below is incurred. Any benefits accrued by the Participant under a predecessor plan of the employer or any other defined contribution plan sponsored by the Participant's employer, whereby liability for benefits accrued under such predecessor plan or other defined contribution plan has been transferred to the Plan, shall also be subject to the terms of this Order. Any changes in Plan Administrator, Plan sponsor, or name of the Plan shall not affect Alternate Payee's rights as stipulated under this Order. 4. James E. Hartman ('Participant") is a participant in the Plan. Rosa M. Hartman ("Alternate Payee"), the former spouse of the Participant, is the Alternate Payee for purposes of this QDRO. 5. The Participant's name, mailing address, Social Security number and date of birth are: James E. Hartman 604 East Keller Street Mechanicsburg, PA 17055 Social Security #: 173-52-3014 Date of Birth: December 19, 1959 6. The Alternate Payee's name, mailing address, Social Security number and date of birth are: 't QDRO Page 2 Rosa M. Hartman 605 East Elmwood, Apt. 4 Mechanicsburg, PA 17055 Social Security #: 176-66-5752 Date of Birth: March 25, 1958 The Alternate Payee shall have the duty to notify the Plan Administrator in writing of any changes in this mailing address subsequent to the entry of this Order. 7. The portion of the Participant's plan benefits payable to the Alternate Payee under this QDRO is $19,000 of the Participant's vested account balance accumulated under the Plan as of June 5, 2007 (or closest valuation date thereto). The Alternate Payee's share of the benefits shall be allocated on a "pro-rata" basis among all of the accounts and/or investment funds maintained on behalf of the Participant under the Plan. The Alternate Payee's share of the benefits shall be credited with any investment income or losses attributable thereto from June 5, 2007 (or closest valuation date thereto), until the date of distribution. 8. This QDRO does not require the Plan to provide any type or form of benefit the Plan does not otherwise provide. This QDRO does not require the Plan to provide increased benefits. 10. This QDRO does not require the Plan to pay any benefits which another order previously determined to be a qualified domestic relations order requires the Plan to pay to another alternate payee. 11. If the Alternate Payee so elects, she shall be paid her benefits as soon as administratively feasible following the date this Order is approved as a QDRO by the Plan Administrator, or at the earliest date permitted under the Plan or Section 414(p) of the Internal Revenue Code, if later. Benefits will be payable to the Alternate Payee in any form or permissible option otherwise available to participants and alternate payee's under the terms of the Plan, including, but not limited to, a single lump-sum cash payment. 12. On and after the date that this order is deemed to be a QDRO, but before the Alternate Payee receives her distribution under the Plan, the Alternate Payee shall be entitled to all of the rights and election privileges that are afforded to Plan beneficiaries, including, but not limited to, the right to name a beneficiary and the right to direct her Plan investments to the extent permitted under the Plan. 13. All payments made pursuant to this order shall be conditioned on the certification by the Alternate Payee and the Participant to the Plan Administrator of such information as the Plan Administrator may reasonably require from such parties. 14. It is the intention of the parties that this QDRO continue to qualify as a QDRO under Code §414(p), as it may be amended from time to time, and that the Plan Administrator shall reserve the right to reconfirm the qualified status of the order at the time benefits become payable hereunder. IL QDRO Page 3 15. In the event that the Plan inadvertently pays to the Participant any benefits that are assigned to the Alternate Payee pursuant to the terms of this order, the Participant shall immediately reimburse the Alternate Payee to the extent that he has received such benefit payments and shall forthwith pay such amount so received directly to the Alternate Payee within ten (10) days of receipt. In the event that the Plan inadvertently pays to the Alternate Payee any benefits that are assigned to the Participant pursuant to the terms of this order, the Alternate Payee shall immediately reimburse the Participant to the extent that she has received such benefit payments and shall forthwith pay such amount so received directly to the Participant within ten (10) day of receipt. 16. After payment of the amount required by this QDRO, the Alternate Payee shall have no further claim against the Participant's interest in the Plan. 17. The Alternate Payee assumes sole responsibility for the tax consequences of the distribution under this QDRO. 18. The Alternate Payee's right to the amount assigned to her under this QDRO shall not be affected by the Participant's death (whether before or after benefit payments to the Alternate Payee have commenced). In the event of the Alternate Payee's death prior to the commencement of benefit payments to the Alternate Payee pursuant to this QDRO, the Plan shall pay the remaining benefits under this QDRO as soon as practicable and permissible by the plan to any beneficiary designated by the Alternate Payee and recorded with the Plan Administrator under the terms of the Plan. If no designated beneficiary survives the Alternate Payee, benefits shall be paid to the Alternate Payee's estate. 19. The Plan shall treat this QDRO in accordance with Code §414(p)(7). While the Plan is determining whether this order is a qualified domestic relations order, the Plan Administrator shall separately account for the amounts which would have been payable to the Alternate Payee while the Plan is determining the qualified status of this QDRO. 20. The Plan Administrator promptly shall notify the Participant and the Alternate Payee of the receipt of this QDRO and shall notify the Participant and the Alternate Payee of the Plan's procedures for determining the qualified status of this QDRO. The Plan Administrator shall determine the qualified status of the QDRO and shall notify the Participant and the Alternate Payee of the determination within a reasonable period of time after receipt of this QDRO. .A QDRO Page 4 21. The Court shall retain jurisdiction with respect to this Order to the extent required to maintain its qualified status and the on ' intent Io?fth?e^parties as stipulated herein. Accepted and ordered this day of L/1?'"" ?_`??? CONSENT TO ORDER: N5 u 11-21- O`)- -Plaintiff/Alternate Payee Date Attorney f6 Plaintiff/ Date Alternate Payee d uage efendant/Participant Date ? <o off' 'Attorney for fen ant/ Date Participant "? ?yy, ?.J .,.. ?_? ?- ti ? ? ? y. ? ?? ? ???` 'f ?V "_..'.-- a-?- ..' iL --i^ ?-? ._Y u_. ??? v ? ? c ,?\ ROSA M. HARTMAN, Plaintiff V. JAMES E. HARTMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-6089 CIVIL ACTION - CHILD CUSTODY COMPLAINT IN CUSTODY TO MODIFY PRIOR ORDER OF COURT 1. Plaintiff is Rosa M. Hartman, an adult individual residing at 505 Elmwood Avenue, A-4, Mechanicsburg, PA 17055. 2. Defendant is James E. Hartman, an adult individual residing at 604 E. Keller Street, Mechanicsburg, Pennsylvania 17055. 3. The parties are the natural parents of the following minor child who is the subject of this action: Edward Hartman, born June 20, 1993 (hereinafter, "the child" or "Edward") 4. The child was not born out of wedlock. 5. The child is presently in the custody of Defendant, pursuant to an Order of Court, dated July 22, 2004, granting temporary primary custody of Edward to Defendant, in accordance with the agreement of the parties (see copy of Order appended to Complaint). The child and Defendant reside at 604 E. Keller Street, Mechanicsburg, Pennsylvania 17055. 6. During the past five years, the child has resided with the following persons and at the following addresses: Names Addresses Dates James E. Hartman 604 E. Keller Street 7/22/04 - present Vanessa Hartman Mechanicsburg, PA 17055 James E. Hartman 604 E. Keller Street 6/20/93 - 7/22/04 Rosa M. Hartman Mechanicsburg, PA 17055 Raquel Hartman Vanessa Hartman Edward J. Hartman 7.The mother of the child is Plaintiff Rosa M. Hartman, residing at 505 Elmwood Avenue, A-4, Mechanicsburg, Pennsylvania 17055. She is single/divorced. 8. The father of the child is Defendant James E. Hartman, who resides with Edward and Vanessa Hartman at 604 E. Keller Street, Mechanicsburg, Pennsylvania 17055. He is single/divorced. 93he relationship of the Plaintiff to the child is that of mother. The Plaintiff currently resides with the following persons: Name Raquel Hartman Relationship Daughter 10.The relationship of the Defendant to the child is that of father. The Defendant currently resides with the following persons: Name Relationship Vanessa Hartman Daughter Edward J. Hartman Son 11. Plaintiff has participated as a party in other litigation concerning the custody of the child in this court as reflected in the Order appended to this Complaint. 12.Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. 13. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 14.Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. 15.The best interest and permanent welfare of the child will be served by granting the relief requested because: a) the prior Order of Court, entered July 22, 2004 contemplated that Plaintiff and Defendant would eventually have shared custody of Edward. b) This shared custody was to occur after the Mother-Son relationship was repaired, which was presumed at the time to require a course of counseling. c) Mother has had frequent contact and partial custody of Edward such that the Mother-Son relationship has been repaired. d) the emotional and physical well-being of Edward will be enhanced by granting shared physical custody of the child, as contemplated by the prior Order, to Plaintiff Rosa M. Hartman. WHEREFORE, Plaintiff requests that the Court grant to her shared physical and legal custody of the child, Edward J. Hartman. Respectfully submitted, W JohrrM. Kerr, Esquire Attorney I. D. # 26414 Law Office of John M. Kerr, Esquire 5000 Ritter Road, Suite 202 Mechanicsburg, Pennsylvania 17055 (717) 766-4008 Attorney for Plaintiff, Rosa M. Hartman Dated: July 3, 2008 VERIFICATION The undersigned, Rosa Hartman, hereby states that she is the Plaintiff in the foregoing custody action and, as such, authorized to execute this Verification and that any factual statements in the preceding Complaint For Modification of Custody Order are true to the best of her knowledge, information and belief. She understands that any false statements are subject to the penalties prescribed at 18 Pa. C.S.§ 4904, relating to unsworn falsification to authorities. Rosa Hartman JUI 1 6 2004 ROSA M. HARTMAN IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 03-6089 CIVIL ACTION LAW JAMES E. HARTMAN Defendant IN CUSTODY ORDER OF COURT AND NOW, this 7.2 day of 6,L, , 2004, upon consideration of the attached Custody Conciliation Rep t, it is ordered and directed as follows: 1. The Mother, Rosa M. Hartman, and the Father, James E. Hartman, shall have shared legal custody of Vanessa L. Hartman, born June 1, 1987, Raquel R. Hartman, born October 5, 1988, and Edward J. Hartman, born June 20, 1993. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, school and medical records and information. 2. The Mother shall have primary physical custody of Raquel. The Father shall have regular and frequent contact with Raquel, with the specific arrangements to be made by agreement between the Father and Raquel. 3. The Father shall have primary physical custody of Vanessa. The Mother shall have regular and frequent contact with Vanessa with the specific arrangements to be made by agreement between the Mother and Vanessa. 4. The parties agree that Edward shall continue to reside primarily with the Father while the parties make arrangements for Edward to participate in a course of counseling for the purpose of repairing the Mother-Son relationship and assisting the parties in working toward their goal of a shared physical custody arrangement for Edward. The parties agree to initiate counseling for Edward with Kevin Heller or another professional selected by agreement of the parties. The parties shall also participate in the counseling if recommended by the counselor. At such time as the parties receive guidance from the counselor as to Edward's readiness for a shared custody arrangement, counsel for either party may contact the conciliator to schedule an additional custody conciliation conference, if necessary, to assist the parties in establishing a schedule. 5. Until such time as the parties receive guidance from Edward's counselor and establish a shared custody schedule, the Mother shall have custody of Edward on alternating weekends from Friday after work through Sunday at 9:30 p.m. during the summer school break, and through Monday morning before school after the beginning of the school year. In addition, the Mother shall have custody of Edward on weekdays from after work through 9:30 p.m. during the summer school break and through 8:30 p.m. during the school year. The parties agree that Edward shall not be forced to spend overnight periods of custody at the Mother's residence. However, the Child shall spend the remainder of his weekend periods of custody with the Mother. The parties agree that Edward shall attend church every weekend and, in the event the custodial parent is unable to take the Child to church, the noncustodial parent shall have the opportunity to take the Child to church. Upon providing advance notice to the Father the Mother may pick up the Child directly from school for weekday periods of custody if she is not working. 6. The parties shall share having custody of the Children on holidays as follows: A. Christmas: In every year, the Father shall have custody of the Children from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon, and the Mother shall have custody from Christmas Day at 12:00 noon through December 26 at 12:00 noon. B. Thanksgiving: In every year, the Father shall have custody on Thanksgiving Day from 9:00 a.m. until 3:00 p.m. and the Mother shall have custody from 3:00 p.m. through 9:30 p.m. C. Easter: In every year, the Father shall have custody of the Children on Easter Sunday from 8:00 a.m. until 1:00 p.m. and the Mother shall have custody from 1:00 p.m. through 9:30 p.m. D. Mother's Dav/Father's Da v: In every year, the Mother shall have custody of the Children on Mother's Day and the Father shall have custody of the Children on Father's Day from 9:00 a.m. until 8:30 p.m. E. The holiday custody schedule shall supercede and take precedence over the regular custody schedule. 7. Each party shall be entitled to have custody of the Children for one uninterrupted week each year during non-school time upon providing at least 30 days advance notice to the other party unless otherwise agreed between the parties. The party providing notice first shall be entitled to preference on his or her selection of vacation dates. The Mother shall be entitled to have custody of the Children for an additional week each year if she plans to travel with the Children to Europe. The parties agree that the Mother shall have custody of the Children for two consecutive weeks in July or August, 2004 to take the Children to Spain before the beginning of the 2004-2005 school year. 8. The parties shall share the responsibility for providing transportation for exchanges of custody as arranged by agreement. 9. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, s J. cc: Donald T. Kissinger, Esquire - Counsel for Mother Charles A. Rector, Esquire - Counsel for Father TPUE COPY FROM RECOS-0 In ToWfVnY rrtwaot, l bee unto scut MY t?3rw _ and the seal of said CwAat CariWe, Pa. ThI ? Y Prothonot " ROSA M. HARTMAN Plaintiff vs. JAMES E. HARTMAN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-6089 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Vanessa L. Hartman June 1, 1987 Father Raquel R. Hartman October 5, 1988 Mother Edward J. Hartman June 20, 1993 Father 2. A conciliation conference was held on July 12, 2004, with the following individuals in attendance: The Mother, Rosa M. Hartman, with her counsel, Donald Kissinger, Esquire, and the Father, James E. Hartman, with his counsel, Charles Rector, Esquire. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator ROSA M. HARTMAN, Plaintiff v. JAMES E. HARTMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-6089 CIVIL ACTION - CHILD CUSTODY CERTIFICATE OF SERVICE The undersigned hereby states that he has served a copy of the foregoing, "Complaint In Custody To Modify Prior Order of Court," on the below-named individual in the manner indicated. VIA CERTIFIED and FIRST CLASS MAIL. POSTAGE PREPAID James E. Hartman 604 E. Keller Street Mechanicsburg, PA 17055 W. l4t-? John M. Kerr, Esquire Attorney I. D. # 26414 Law Office of John M. Kerr, Esquire 5000 Ritter Road, Suite 202 Mechanicsburg, Pennsylvania 17055 (717) 766-4008 Attorney for Plaintiff, Rosa M. Hartman Dated: July 3, 2008 J O 0 C A w c? as 7 P N C C7 ROSA M. HARTMAN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2003-6089 CIVIL ACTION LAW JAMES E. HARTMAN IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Monday, July 14, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, August 05, 2008 at 2:30 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunda Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South. Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 J N'v ? £ -Z Wd ? I ?np BOOZ AUG 0 8 2008 ROSA M. HARTMAN IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 2003-6089 CIVIL ACTION LAW JAMES E. HARTMAN : Defendant IN CUSTODY ORDER OF COURT AND NOW, this I Z t? day of v , 2008, upon consideration of the attached Custody Conciliation Report, it is 6166'red and directed as follows: 1. The prior Order of this Court dated July 22, 2004, is modified to the extent of any inconsistencies with the terms of this Order. 2. The parties shall have shared physical custody of Edward Hartman, born June 20, 1993, in accordance with the existing practice which the parties have been following for over one (1) year prior to this Order. 3. The provisions requiring counseling in the prior Order dated July 22, 2004 are vacated. 4. The Father may file a Petition with the Court requesting the scheduling of an additional custody conciliation conference if further review of the custodial arrangements is desired. 5. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall ll control. cc: Lkfin M. Kerr ,,J-&mes E. Har J cA C*l N •? c!? tS C-D 3 Lt! Q cry N ROSA M. HARTMAN Plaintiff vs. JAMES E. HARTMAN Defendant Prior Judge: Edgar B. Bayley IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2003-6089 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Edward Hartman June 20, 1993 Father 2. A custody conciliation conference was held on August 5, 2008, with the following individuals in attendance: the Mother, Rosa M. Hartman, with her counsel, John M. Kerr, Esquire. The Father, James E. Hartman, did not appear at the conference or contact the conciliator. The conciliator confirmed that the Father had received timely service of the Mother's Petition and the Court Order scheduling the conciliation conference. 3. This Court previously entered an Order on July 22, 2004, under which the Father had primary physical custody of one of the parties' daughters, who is no longer a minor, and the parties' son, Edward, who is the subject of this Petition. The Mother had primary custody of the parties' other daughter, who is also no longer a minor. The Order stated that after the Mother and the Son attended counseling to repair the parent-child relationship, it was contemplated that the schedule with respect to Edward would change to a shared custody arrangement. 4. The Mother filed this Petition for Modification seeking to confirm that she and the Child had engaged in the counseling provided in the prior Order, had repaired their relationship and had progressed to a more shared custodial arrangement for over the past year. 5. The Mother and her counsel represented that the Child has been moving freely back and forth between the parties' two residences in Mechanicsburg which are only minutes away and the parties have not been following a set schedule in terms of custodial time. According to the Mother, the Child wishes to spend additional time with her on the same flexible arrangement. The Mother indicated that the conference was necessary as she and the Father have not maintained communication or a co-parenting relationship. The Mother indicated her desire to reinstitute communication between the parties concerning the Child. 6. The conciliator recommends an Order in the form as attached based on the representations made by the Mother and her counsel at the conference, the terms of which confirm the custodial arrangements which have been actually used by the parties for a period of over one (1) year. The Father may file a request with the Court for the scheduling of an additional custody conciliation conference, if it is necessary to further address the custody schedule. Date -? t- Dawn S. Sunday, Esquire Custody Conciliator