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07-7480
JASON R. GUINN, Plaintiff V. CHERYL GUINN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY PENNSYLVANIA . NO.. 61- 74 go Civi I Iem CIVIL ACTION -LAW 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 the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, PA 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICES SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 JASON R. GUINN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY PENNSYLVANIA V. NO.. CHERYL GUINN, CIVIL ACTION -LAW Defendant IN DIVORCE NOTICE OF RIGHT TO COUNSELING You are one of the parties in the above-captioned action in divorce. By virtue of Section 3302 of the Pennsylvania Divorce Code, it is a duty of the Court to advise both parties of the availability of counseling and upon request of either provide both parties a list of qualified professionals who provide such services. Accordingly, if you desire counseling, please advise in writing promptly by replying to: Prothonotary, Cumberland County Courthouse, Carlisle, PA 17013. JASON R. GUINN, Plaintiff V. CHERYL GUINN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY PENNSYLVANIA . NO.: CIVIL ACTION -LAW IN DIVORCE COMPLAINT UNDER SECTION 3301(c) or 3301(d) OF THE DIVORCE CODE 1. The Plaintiff is Jason R. Guinn, who currently resides at 1011 S. Humer Street, Cumberland County, Enola, Pennsylvania. 2. Defendant is Cheryl Guinn, who currently resides at 1011 S. Humer Street, Cumberland County, Pennsylvania since 2001. 3. Plaintiff has been a bonafide resident of the Commonwealth of Pennsylvania for at least six (6) months immediately prior to the filing of this Complaint. 4. Plaintiff avers that Defendant has also been a bonafide resident of the Commonwealth of Pennsylvania for at least six (6) months immediately prior to the filing of this Complaint. 5. Plaintiff and Defendant were married on October 13, 2001, in Dillsburg, York County, Pennsylvania. 6. Plaintiff and Defendant have lived separate and apart within the same residence since approximately November 16, 2007. 7. There has been no prior action of divorce or annulment between the parties. 8. The marriage is irretrievably broken. 9. Plaintiff avers that he is an active member of the United States Military. 10. Plaintiff avers that Defendant is not an active member of the United States Military or its allies. 11. 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. Being so advised, Plaintiff waives that right. 12. Plaintiff avers that Defendant has been advised of the availability of counseling and that Defendant may have the right to request that the Court require the parties to participate in counseling. 13. Plaintiff avers the grounds for divorce: a. The marriage is irretrievably broken; b. The parties consent to the divorce; or in the alternative, c. The parties have lived separate and apart for a period of two (2) years. WHEREFORE, Plaintiff, Jason R Guinn, respectfully requests this Honorable Court enter a Decree in Divorce pursuant to Section 3301 (c) or (d) of the Divorce Code. COUNT I - EQUITABLE DISTRIBUTION 14. Paragraphs 1 through 13 above are incorporated herein by reference as though set forth in full. 15. During the marriage, Plaintiff and Defendant have acquired various items of marital property and debt, both real and personal, which are subject to equitable distribution under the Divorce Code. 16. Plaintiff and Defendant are attempting to reach an agreement as to equitable distribution. 17. In the event the parties are unable to reach an agreement, Plaintiff requests that the Court equitably divide all marital property and debt. WHEREFORE, Plaintiff, Jason R. Guinn, respectfully requests this Honorable Court equitably distribute all property, real and personal, tangible and intangible, and debt, acquired by the parties during the marriage if the parties are unable to reach an agreement. Respectfully submitted, Harrisburg, PA 17110 (717) 657-7770 ATTORNEY FOR PLAINTIFF Supreme Court ID No. 84445 2000 Linglestown Road, Suite 100 VERIFICATION I, Jason R. Guinn, verify that the statements made in the foregoing Complaint in Divorce are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities. Pcc- 07 DATE R. Gui C7 0 JASON R. GUINN, Plaintiff V. CHERYL GUINN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07-7480 CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT OF ACCEPTANCE OF SERVICE I, KRISTOPHER T. SMULL, ESQUIRE, do hereby accept service of a true and correct copy of the Complaint in Divorce directed to my client, Cheryl L. Guinn, Defendant in the above-captioned matter, pursuant to Pennsylvania Rule of Civil Procedure No. 402(b). DATE: ? { a .?3 a-I .-p 7 4LO '? MARIA P. COGNETTI & ASSOCIATES KRISTOPHER T. SMULL, ESQUIRE Attorney I.D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Defendant JASON R. GUINN, IN THE COURT OF COMMON PLEAS OF Plaintiff V. CHERYL L. GUINN, Defendant : CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-7480 CIVIL ACTION -LAW 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 Defendant. You may lose money or property or other rights important to you. 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 at the Cumberland County Courthouse, One 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 Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 MARIA P. COGNETTI & ASSOCIATES KRISTOPHER T. SMULL, ESQUIRE Attorney I.D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Defendant JASON R. GUINN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-7480 CHERYL L. GUINN, Defendant CIVIL ACTION -LAW IN DIVORCE ANSWER AND COUNTERCLAIM TO PLAINTIFF'S COMPLAINT IN DIVORCE AND NOW, comes Defendant, Cheryl L. Guinn, by and through her attorney, Kristopher T. Smull, Esquire, and files the following Answer and Counterclaim to Plaintiff s Complaint in Divorce and in support thereof avers as follows: 1. Admitted. 2. Denied. Defendant currently resides at 1077 York Road, Dillsburg, Cumberland County, Pennsylvania 17019. 3. Admitted. 4. Admitted. 5. Admitted. 6. Denied. It is denied that Plaintiff and Defendant lived separate and apart within the same residence since November 16, 2007. The parties separated on October 31, 2007. 7. Admitted. 8. Admitted. 9. Admitted. 10. Admitted. 11. Admitted. 12. Admitted. 13. Defendant responds to Plaintiffs specific averments as follows: a. Admitted. b. Admitted with clarification. It is admitted that Defendant will consent to a divorce but only after all economic issues have been resolved. C. Denied. The parties have not have lived separate and apart for a period in excess of two (2) years. The parties separated on October 31, 2007. WHEREFORE, Defendant respectfully requests that this Honorable Court deny Plaintiffs requested relief. COUNT I: CLAIM FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER THE DIVORCE CODE 14. Admitted. 15. Admitted. 16. Admitted. 17. Admitted. WHEREFORE, Defendant joins in Plaintiffs request that this Honorable Court equitably distribute the parties' marital property. COUNTERCLAIM: ALIMONY, ALIMONY PENDENTE LITE ATTORNEY'S FEES AND COSTS 18. Defendant lacks sufficient property to provide for her reasonable needs. 19. Defendant is unable to sufficiently support herself through appropriate employment. 20. Plaintiff has sufficient income and assets to provide continuing support for Defendant. 21. By reason of this action, Defendant will be put to considerable expense in the preparation of her case in the employment of counsel and the payment of costs. 22. Defendant is without sufficient funds to support herself and to meet the costs and expenses of this litigation and is unable to appropriately maintain herself during the pendency of this action. 23. Defendant's income is not sufficient to provide for her reasonable needs and pay her attorney's fees and the costs of this litigation. 24. Plaintiff has adequate earnings to provide for Defendant's support and to pay her counsel fees, costs and expenses. WHEREFORE, Defendant requests this Honorable Court: (a) Compel Plaintiff to pay alimony pendente lite to Defendant; (b) Grant Defendant attorney's fees and costs; (c) Compel Plaintiff to pay post-divorce alimony to Defendant; and (d) Grant such further relief as the Court may deem equitable and just. Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES Date: A& VI By: t' t I - SKVJSTOMItR T. SMULL, ESQUIRE Attorney I.D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant VERIFICATION I, Cheryl L. Guinn, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn verification to authorities. Che . Guinn DATE: Z(? U? CERTIFICATE OF SERVICE I, Kristopher T. Smull, Esquire, hereby certify that on March , 2008, I served a true and correct copy of the foregoing Answer and Counterclaim to Plaintiff s Complaint in Divorce at the address indicated below: Frank C. Sluzis, Esquire SCARINGI & SCARINGI 2000 Linglestown Road Suite 106 Harrisburg, PA 17110 Service by: Personal service via hand delivery X Service by First Class, United States Mail, postage pre-paid, mailed at Camp Hill, Pennsylvania, addressed as indicated above Overnight delivery Service by placing a copy of the above document in counsel's box in the Office of the Prothonotary of County Facsimile service Certified/Registered Mail Date: MARIA P. COGNETTI & ASSOCIATES By: KRI T H T. SMULL, ESQUIRE Attorney I.D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant ?• r MARIA P. COGNETTI & ASSOCIATES KRISTOPHER T. SMULL, ESQUIRE Attorney I.D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Defendant/Petitioner JASON R. GUINN, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-7480 CHERYL L. GUINN, : CIVIL ACTION -LAW Defendant/Petitioner : IN DIVORCE MOTION FOR ALIMONY PENDENTE LITE CONFERENCE AND NOW, comes Defendant/Petitioner, Cheryl L. Guinn, by and through her attorney, Kristopher T. Smull, Esquire, and moves this Court to enter an Order setting this case for an alimony pendente lite hearing, and in support thereof respectfully represents that: 1. Defendant/Petitioner is Cheryl L. Guinn (hereinafter "Wife"), an adult individual currently residing at 1077 York Road, Dillsburg, Cumberland County, Pennsylvania 17019. 2. Plaintiff/Respondent is Jason R. Guinn (hereinafter "Husband"), an adult individual currently residing at 1011 South Humer Street, Enola, Cumberland County, Pennsylvania 17025. 3. (a) Husband and Wife were married on October 13, 2001, in Dillsburg, Pennsylvania. (b) Husband and Wife were separated on October 31, 2007. (c) Husband filed a Complaint in Divorce on December 13, 2007. Wife is filing an Answer and Counterclaim to Husband's Complaint in Divorce simultaneously herewith, which includes a count for alimony pendente lite. 4. Husband and Wife have no dependent children. 5. Wife seeks support for the following persons: herself. 6. Husband has neglected the duty to support or sufficiently support Wife since November 29, 2007. 7. (a) Wife is not receiving Public Assistance. (b) Wife is not receiving additional income. 8. No previous support order has been entered against Husband. 9. Wife last received support from Husband in the amount of $0.00. 10. Wife lacks sufficient property to provide for her reasonable needs. It. Wife is unable to sufficiently support herself through appropriate employment. 12. Husband has sufficient income and assets to provide continuing support for Wife. 13. By reason of this action, Wife will be put to considerable expense in the preparation of her case in the employment of counsel and the payment of costs. 14. Wife is without sufficient funds to support herself and to meet the costs and expenses of this litigation and is unable to appropriately maintain herself during the pendency of this action. WHEREFORE, Wife prays this Honorable Court enter an Order setting this matter for an Alimony Pendente Lite Conference. Respectfully Submitted: MARIA P. GNETTI & ASSOCIATES By: - ? % 'I Date: Z? KRI T H R T. SMULL, ESQUIRE Attorney I.D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant/Petitioner . . e VERIFICATION I, Cheryl L. Guinn, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subj ect to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn verification to authorities. Cheryl uinn DATE: IY z c G? o`? !o9190 g IN.- CERTIFICATE OF SERVICE I, Kristopher T. Smull, Esquire, hereby certify that on March , 2008, I served a true and correct copy of the foregoing Motion for Alimony Pendente Lite Conference at the address indicated below: Frank C. Sluzis, Esquire SCARINGI & SCARINGI 2000 Linglestown Road Suite 106 Harrisburg, PA 17110 Service by: Personal service via hand delivery X Service by First Class, United States Mail, postage pre-paid, mailed at Camp Hill, Pennsylvania, addressed as indicated above Overnight delivery Service by placing a copy of the above document in counsel's box in the Office of the Prothonotary of County Facsimile service Certified/Registered Mail MARIA P. COGNETTI & ASSOCIATES Date: ? ? w By: IgInOIR T. SMULL, ESQUIRE Attorney I.D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant/Petitioner V cn JASON R. GUINN, THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CHERYL L. GUINN, Defendant/Petitioner CIVIL ACTION - DIVORCE NO. 07-7480 CIVIL TERM IN DIVORCE PACSES CASE NO: 465109926 ORDER OF COURT AND NOW, this 1 st day of April, 2008, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R. J. Shadday on April 21, 2008 at 1:30 P.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, Edgar B. Bayley, President Judge Copies mailed to: Petitioner Respondent Frank C. Sluzis, Esq. Kristopher T. Smull, Esq. Date of Order: April 1, 2008 k 7. Sh ay, C nference Officer YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD 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"? ?:? ? _? ?? `a _ C..Z _? ! L'1 :il ,? - -- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CKSW C1 m 0 Plaintiff File No. V t -7 `1 0 V Vs IN DIVORCE Defendant NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff / defendant in the above matter, [select one by marking "x"] prior to the entry of a Final Decree in Divorce, or after the entry of a Final Decree in Divorce dated hereby elects to resume the prior surname of and gives this written notice avowing his / her intention pursuant e prov' ton, P.S. 704. Date: Signature S' ature of name being resumed COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF (Zu 4, L,,a j ) On the 2 (,2.a day of &JR,6_.'_0 , 2008" , before me, the Prothonotary or the notary public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he / she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand hereunto set my hand and official seal. NOTARIAL SEAL n PROTHONOTARY, NOTARY PUBLIC (,,?x 7y? p?1,? ?? CARLISLE CUMBERLAND COUNTY COURTHOUSE MY COMMISSION EXPIRES JANUARY 4, 2010 Prothonotary or Notary Public N w? V W C G c?- ?-a "' co --r-a w7 N JASON R, GUINN, Plaintiff/Respondent VS. CHRYL L. GUINN, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 07-7480 CIVIL TERM IN DIVORCE PACSES CASE ID: 465109926 ORDER OF COURT AND NOW, this 21 st day of April 2008, based upon the Court's determination that the Petitioner's monthly net income/earning capacity is $ 2,533.82 and the Respondent's monthly net income/earning capacity is $ 4,239.46, it is hereby ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit Eight Hundred and 00/100 Dollars ($ 800.00) per month payable monthly as follows: $ 678.00 per month for Alimony Pendente Lite and $ 122.00 per month on arrears. First payment due: the next pay date. The effective date of the order is March 27, 2008. Arrears set at $ 789.45 as of April 21, 2008. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa.C.S.§ 3703. Further, if the Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and, at its discretion, make an appropriate Order, including, but not limited to, commitment of the Respondent to prison for a period not to exceed six months. Said money to be turned over by the PA SCDU to: Cheryl L Guinn. 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 name with their PACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. cc360 The monthly obligation includes cash medical obligation in the amount of $250 annually for unreimbursed medical expenses incurred for the spouse. Unreimbursed medical expenses of the oblige that exceed $250 annually shall be allocated between the parties. The party seeking allocation of unreimbursed medical expenses must provide documentation of expenses to the other parry no later than March 31 st of the year following the calendar year in which the final medical bill to be allocated was received. The unreimbursed medical expenses are to be paid as follows: 0% by the Respondent and 100% by the Petitioner. [X] Respondent [] Petitioner [] Neither party to provide medical insurance coverage. Within thirty (30) days after the entry of this order, the [] Petitioner [X] Respondent shall submit to the other party written proof that medical insurance coverage has been obtained or that application for coverage has been made. Proof of coverage shall consist, at a minimum, of. 1) the name of the health care coverage provider(s); 2) any applicable identification numbers; 3) any cards evidencing coverage; 4) the address to which claims should be made; 5) a description of any restrictions on usage, such as prior approval for hospital admissions, and the manner of obtaining approval; 6) a copy o the benefits booklet or coverage contract; 7) a description of all deductibles and co-payments; and 8) five copies of any claim forms. This Order shall become final twenty (20) after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Prothonotary for a hearing de novo before the Court. Consented: Petitioner Respondent Petitioner's Attorney Respondent's Attorney BY THE COURT, 6-? 1 Edward E. Guido, J. Mailed copies on: April 22, 2008 to: Petitioner Respondent Kristopher T. Smull, Esq. Theresa Barrett Male, Esq. DRO: R.J. Shadday `' =rt o ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania CO./City/Dist. of CUMBERLAND Date of Order/Notice 04/21/08 Case Number (See Addendum for case summary) E m pl oyer/With holder's Federal EIN Number DFAS CLEVELAND CENTER* C/O DFAS-HGA/CL GARNISHMENT OPS RE: GUINN, JASON R. 07-7480 CIVIL O Original Order/Notice O Amended Order/Notice O Terminate Order/Notice Employee/Obligor's Name (Last, First, MI) 195-68-0360 Employee/Obligor's Social Security Number 1608101951 Employee/Obligor's Case Identifier (See Addendum for plaintiff names PO BOX 9 9 8 0 0 2 associated with cases on attachment) CLEVELAND OH 44199-8002 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. $ 678.00 per month in current support $ 122. 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 $ 0.00 per month in other (specify) for a total of $ 800.00 per month to be forwarded to payee a ow. 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: $ 184.62 per weekly pay period. $ 369.23 per biweekly pay period (every two weeks). $ 400. oo per semimonthly pay period (twice a month). $ Boo . 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 COU Date of Order: APR 2 2 2008 EDWARD E. GUIDO, JUDGE DRO: R.J. SHADDAY Form EN-028 Rev. 1 Service Type M OMB No.: 0970-0154 Worker ID $IATT 800• x 12•+ 52•= 184.62* 800 • x 12•+ 26-- 369.23* ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? If heck you are required to provide a opy of this form to your m loyee. 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?edpto your employee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/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.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/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: 2491016300 EMPLOYEE'S/OBLIGOR'S NAME: GUINN, JASON R. EMPLOYEE'S CASE IDENTIFIER: 1608101951 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 If you or your employeelobligor 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 Service Type M OMB No.: 0970-0154 Form EN-028 Rev. 1 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: GUINN, JASON R. PACSES Case Number 465109926 Plaintiff Name CHERYL L. GUINN Docket Attachment Amount 07-7480 CIVIL$ 800.00 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. 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. 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 Service Type M OMB No.: 0970-0154 Form EN-028 Rev. 1 Worker I D $ IATT ?... :r y "t'; _.... , .. SV N E;` ?_ _?? ? ;? Law Office of Theresa Barrett Male Theresa Barrett Male, Esquire ID # 46439 Andrea Hudak Duffy, Esquire ID # 60910 513 North Second Street Harrisburg, PA 17101-1058 (717) 233-3220 tbmQtbmesauire.com Attorneys for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JASON R. GUINN Plaintiff V. CHERYL L. GUINN Defendant TO THE PROTHONOTARY: NO. 07-7480 Civil Term PACSES NO. 465109926 CIVIL ACTION - DIVORCE PRAECIPE Please withdraw the appearance of Scaringi & Scaringi, P.C. and enter the appearance of The Law Office of Theresa Barrett V61e,Asgbire, as attorvos for Plaintiff in this proceeding. / ) C /j-' . Sluzis, Esquire /144 Date: April ., 2008 ran ; AL /jwt? Theresa Barrett Male, Esquire Date: April -S , 2008 r JASON R. GUINN, Plaintiff V. CHERYL GUINN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-7480 CIVIL ACTION - LAW DIVORCE PRAECIPE TO ENTER AND WITHDRAW APPEARANCE Kindly withdraw the appearance of Kristopher T. Smull, Esquire and Maria P. Cognetti and Associates on behalf of the above-named Defendant, Cheryl Guinn, in connection with the above captioned matter. Kindly enter the appearance of Kristopher T. Smull, Esquire and Robinson & Geraldo, on behalf of the above-named Defendant, Cheryl Guinn, in connection with the above captioned matter. Date: S b 16 Kristop # T. Smull, Esquire ROBINSON & GERALDO Attorney I.D. No. 69140 4407 North Front Street P.O. Box 5320 Harrisburg, PA 17110 Telephone No. (717) 232-8525 CERTIFICATE OF SERVICE I, Kristopher T. Smull, Esquire, do hereby certify that on the day of May, 2008, I caused a true and correct copy of the Praecipe to Enter and Withdraw Appearance to be served upon the following individual by first class mail by depositing same in the United States, postage prepaid, in Harrisburg, Pennsylvania. Theresa Barrett Male, Esquire 513 North Second Street Harrisburg, PA 17101 ROBINSON & RALDO By: Kris er T. Smul, Esquire C WOW i V ?' 0 JASON R. GUINN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 07-7480 CHERYL L. WHITE f/k/a CHERYL L. GUINN Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under the Divorce code was filed on December 13, 2007, on the grounds that the marriage of the parties is irretrievably broken. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce. 4. 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. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities. Date: o5 v7-?-\? ?? -, C 1 L. White f/k/a Cheryl L. , Defendant ? ? _ <:-., `:? - '^ ?.-,.' C? ::;^ JASON R. GUINN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 07-7480 CHERYL L. WHITE f/k/a CHERYL L. GUINN Defendant CIVIL ACTION -LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER 4 3301 (c) OF THE DIVORCE CODE 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 in this affidavit 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: cv6 ?zz `CFb 4.- V% . Law Office of Theresa Barrett Male Theresa Barrett Male, Esquire ID # 46439 Andrea Hudak Duffy, Esquire ID # 60910 513 North Second Street Harrisburg, PA 17101-1058 (717) 233-3220 tbm@tbmesauire.com Attorneys for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JASON R. GUINN Plaintiff NO. 07-7480 Civil Term V. PACSES NO. 465109926 CHERYL L. GUINN Defendant CIVIL ACTION - DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on December 13, 2007. 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 of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: May ", 2008 2 E.:? ^?.? _::, -r r ?a ?` ?.? _: C? :?? r w Law Office of Theresa Barrett Male Theresa Barrett Male, Esquire ID # 46439 Andrea Hudak Duffy, Esquire ID # 60910 513 North Second Street Harrisburg, PA 17101-1058 (71.7)233-3220 tbm@tbmesciuire.com Attorneys for Plaintiff 0 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JASON R. GUINN Plaintiff V. CHERYL L. GUINN Defendant . NO. 07-7480 Civil Term PACSES NO. 465109926 . CIVIL ACTION - DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE 1. 1 consent to the entry of a final decree of divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. c ason R. Guinn Date: May , 2008 2 - -r7 T • ? JASON R. GUINN, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 07-7480 CIVIL TERM CHERYL L. GUINN, IN DIVORCE Defendant/Petitioner PACSES Case No: 465109926 ORDER OF COURT AND NOW to wit, this 30th day of May 2008, it is hereby Ordered that the Order for Alimony Pendente Lite is terminated, effective May 28, 2008, and all of the arrears are remitted pursuant to the parties' Marital Settlement Agreement. The case is closed with no balance due. This Order shall become final twenty (20) 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 Domestic Relations Section for a hearing de novo before the Court. BY THE C I Edward E. Guido, J. DRO: R.J. Shadday xc: Petitioner Respondent Kristooher T. Smull, Esq. Theresa Barrett-Male, Esq. Form OE-001 Service Type: M Worker: 21005 ?? _- >,7 ., ._ .?, ,_ '. ,?-. --t-r ?.-? , ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 05/30/08 Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number DFAS CLEVELAND CENTER* C/O DFAS-HGA/CL GARNISHMENT OPS RE: GUINN. JASON R. 07-7480 CIVIL O Original Order/Notice O Amended Order/Notice O Terminate Order/Notice Employee/Obligor's Name (Last, First, MI) 195-68-0360 Employee/Obligor's Social Security Number 1608101951 Employee/Obligor's Case Identifier (See Addendum for plaintiff names PO BOX 9 9 8 0 0 2 associated with cases on attachment) CLEVELAND OH 44199-8002 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. $ 0.00 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 $ 0.00 per month in other (specify) for a total of $ 0.0 o 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. oo per weekly pay period. $ o. o o per biweekly pay period (every two weeks). $ o. oo 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 COU Date of Order: MAY 3 0 2008 DRO: R.J. SHADDAY Service Type M OMB No.: 0970-0154 JUDGE Form EN-028 Rev. 1 Worker ID 21205 ` ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? If4hecked you are required to provide a copy of this form to yourgemployee. If yorr employee works in a state that is di Brent from the state that issued this order, a copy must be provi edd to your employee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/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: 2491016300 EMPLOYEE'S/OBLIGOR'S NAME: GUINN, JASON R. EMPLOYEE'S CASE IDENTIFIER: 1608101951 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 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: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.chiIdsupport.state.pa.us If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT Service Type M Page 2 of 2 OMB No.: 0970-0 154 Form EN-028 Rev. 1 Worker ID 21205 ADDENDUM Summary of Cases on Attachment Defendant/Obligor: GUINN, JASON R. PACSES Case Number 465109926 Plaintiff Name CHERYL L. GUINN Docket Attachment Amount 07-7480 CIVIL$ 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. 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 ? 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 OMB No.: 0970-0154 Worker ID 21205 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. JASON R. GUINN Plaintiff VERSUS CHERYL L. GUINN NO. 7480 Civil 2007 DECREE IN DIVORCE AND NOW, IT IS ORDERED AND DECREED THAT Jason R. Guinn , PLAINTIFF, AND Cheryl L. Guinn DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. 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; All economic claims raised of record are resolved by the marital settlement agreement executed by the parties on May 28, 2008. A true an correct copy o the agreement is attached as Exhibit 1. Y TH ATTEST- J, PROTHONOTARY 4v MARITAL SETTLEMENT AGREEMENT This Agreement is entered into on May -L3 , 2008 between Jason R. Guinn ("Husband") and Cheryl L. White f/k/a Cheryl L. Guinn ("Wife") RECITALS Party Wife Husband Birthdate 05/18/1979 01/18/1979 Social Security # 166-64-8661 195-68-0360 Date of Marriage Place of Marriage Last Marital Residence Children: None born to the marriage. October 13, 2001 Dillsburg, Pennsylvania 1011 South Humer Street Enola, Pennsylvania Court Actions: Caption Guinn v. Guinn Docket # 07-7480 Civil Term Status Pending The parties desire to settle fully and finally their respective financial and property rights and obligations as between each other, including but not limited to the ownership and equitable distribution of real and personal property; past, present and future support, alimony and/or maintenance; child custody and child support, if applicable; and any and all claims which either party has, or may have, against the other or the other's estate. In consideration of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which the parties acknowledge, Wife and Husband, each intending to be legally bound, hereby covenant and agree to the terms set forth in this Agreement. 11- SEPARATION Each party shall have the right to live separate and apart from the other party, free from the other party's interference, authority and control. Neither party shall harass the other or attempt to harass the other, nor compel the parties' cohabitation. 12 - WAIVER OF RIGHTS AND MUTUAL RELEASES Except as provided in this Agreement, both parties absolutely and unconditionally release and forever discharge each other and their heirs, executors, administrators, assigns, property and estates from any and all rights, claims demands or obligations arising out of or by virtue of the marital relationship, whether such claims exist now or arise in the future. This release shall be effective regardless of whether such claims arise out of former or future acts, contracts, engagements or liabilities of the parties or by way of dower, curtesy, widow's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or other country. Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations of the parties contained in this Agreement, each party gives to the other an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever, in law or in equity, which either party ever had or now 2 has against the other, including but not limited to alimony, alimony pendente lite, equitable distribution of marital property, counsel fees or expenses. 13 - EFFECT OF DIVORCE DECREE ON AGREEMENT Either party may enforce this Agreement as provided in section 3105(a) of the Divorce Code. As provided in section 3105(c), provisions of this Agreement regarding equitable distribution, alimony, alimony pendente lite, counsel fees or expenses shall not be subject to modification by the court. Concurrently with executing this Agreement, the parties shall execute affidavits consenting to the divorce, and waivers of notice of intent to request entry of the divorce decree. 14 - DATE OF EXECUTION The "date of execution" or "execution date" of this Agreement is the date upon which it is signed by the parties if they sign the Agreement on the same date. Otherwise, the "date of execution" or "execution date" shall be the date on which the last party signed this Agreement. 15 - HEADINGS NOT PART OF AGREEMENT The descriptive headings preceding the paragraphs are for convenience and shall not affect the meaning, construction or effect of this Agreement. 3 1 6 - SEVERABILITY AND INDEPENDENT AND SEPARATE COVENANTS Each separate obligation shall be deemed to be a separate and independent covenant and agreement. If a court declares any term, condition, clause or provision of this Agreement void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken. In all other respects, this Agreement shall be valid and continue in full force, effect and operation. 17 -ADDITIONAL INSTRUMENTS Within ten (10) days after a request to do so, each party shall execute, acknowledge and deliver to the other any and all instruments, assignments, releases, satisfactions, deeds, notes or other writings that may be necessary to give full force and effect to this Agreement. 18 -AGREEMENT BINDING ON HEIRS This Agreement shall be binding on and shall inure to the benefit of the parties and their respective heirs, executors, administrators, successors and assigns. 19 - INTEGRATION This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations, warranties, covenants or promises other than those expressly set forth in this Agreement. 4 1 10 - MODIFICATION OR WAIVER TO BE IN WRITING No modification or waiver of any term of this Agreement shall be valid unless in writing and signed by both parties. 111 - NO WAIVER OF DEFAULT Either party's failure to insist upon strict performance of any term of this Agreement shall in no way affect the right of that party to enforce the term. 112 - APPLICABLE LAW This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. q 13 - ATTORNEYS' FEES, COSTS AND EXPENSES FOR ENFORCEMENT The breaching party shall pay all reasonable legal fees, costs and expenses incurred by the other in enforcing this Agreement, providing that the enforcing party is successful in establishing that a breach has occurred. 114 - VOLUNTARY EXECUTION Each party understands the terms and conditions of this Agreement and acknowledges that the agreement is fair and equitable. The parties have reached this Agreement freely and voluntarily, without any duress, undue influence, collusion or improper or illegal agreements. 5 1 15 - DISCLOSURE OF ASSETS Each party has had an opportunity to discuss with counsel the concept of marital property under Pennsylvania law, the right to seek discovery under the Divorce Code and the rules of civil procedure; and the right to have the other party's real estate, personal property, estate and assets, earnings and income assessed or evaluated by the courts of this Commonwealth. Each party confirms that there has been disclosure to the other of such income, assets and liabilities. Each party waives any right to further disclosure, valuation, enumeration or statement of income, assets or liabilities. Neither party desires to make or append to this Agreement any additional enumeration or statement. Neither party shall sue the other party or that party's heirs, executors, administrators or assigns, alleging denial of any right to full disclosure, or fraud, duress, undue influence or failure to have available full, proper and independent representation by legal counsel. if either party subsequently discovers any property interest not identified in this Agreement, that property shall be divided equally. If, however, one party knowingly concealed or misrepresented the existence of the property, then that property shall become the sole and separate property of the other. The concealing party shall pay all costs associated with the failure to disclose, including but not limited to transfer costs and legal fees and expenses. 6 1 16 - WIFE'S AND HUSBAND'S DEBTS Except as otherwise set forth in this Agreement, the parties represent and warrant to each other that they have not incurred and will not contract or incur any debt or liability for which the other or the other's estate might be responsible. Each party shall indemnify and save harmless the other from any and all claims or demands made against the other by reason of debts or obligations incurred by that party. 117 - ADVICE OF COUNSEL Wife retained as her counsel Kristopher T. Smull, Esquire. Husband retained as his counsel Theresa Barrett Male, Esquire. Each party acknowledges receiving independent legal advice from counsel, including all rights under the Divorce Code and other applicable laws. Additionally, each party's counsel has explained fully the provisions of this Agreement and their legal effect. q 18 - EQUITABLE DISTRIBUTION 1. Real Estate A. 1011 South Humer Street Enola Cumberland County Pennsylvania. On February 14, 2008, Wife transferred to Husband her right, title and interest in and to this improved real estate. Wife waives all claims which she had or may have in and to this property, which is encumbered by a mortgage in Husband's name alone. Husband represents 7 and warrants to Wife that the mortgage on the marital residence is in Husband's name, and that Wife has no liability for this obligation. Husband shall continue to be solely responsible for all debts and liabilities associated with this asset. Wife acknowledges that she has removed all of her personal property from this residence, and that Husband paid three months of storage payments for and on her behalf. B. 2340-6 Green Street. Harrisburg. Dauphin County. Pennsylvania. The parties hold title to this improved real estate as tenants by the entireties. Prior to executing this Agreement, the parties listed this property for sale, and intend to sell it in 2008. From the rents which are being paid currently, Husband shall be responsible for timely payment of the mortgage, real estate taxes and other expenses associated with this property. Within fourteen (14) days of Wife's written request, Husband will provide Wife with proof that the expenses which are not in joint names are current. If the parties incur any expenses for unanticipated repairs or improvements which must be made, and the rents plus the business bank account balance as of April 30, 2008 is insufficient to the cover the expenses, the parties equally will share the expenses, including deductible payments and any payments in excess of insurance on the property. Wife shall reimburse Husband her portion of the expense within fourteen (14) days of his written request that she do so. Both parties shall sign all documents necessary to settle and close on the sale of this property, and shall cooperate fully with the listing and the settlement agents. 8 2 Investments and Other Accounts The parties have not identified any stocks, securities, certificates of deposit, bonds, etc. acquired during the marriage. The parties will continue to maintain the business checking account until the Green Street property is sold. If any funds remain in the business checking account after the sale and after all property-related expenses have been paid, Husband will retain those funds. Additionally, each party shall retain, without claim or offset by the other, all bank accounts which each has maintained since separation. 3. Life Insurance Policies Each parry represents and warrants to the other that neither has acquired any life insurance policy during the marriage with a cash or surrender value, including the increase in cash or surrender value of any pre-marital policies. From and after the date of this agreement, both parties shall be entitled to designate a beneficiary of any term policy which either may have acquired during the marriage. 4 Pension and Retirement Benefits Each party waives and relinquishes all claims which he/she may have acquired during the marriage to the other party's pension and retirement benefits. Both parties timely shall execute any waivers, including ERISA waivers, which the other may request after entry of the divorce decree. 9 5. Tangible Personalty Husband will retain sole and exclusive possession of the personal property in his possession, including the 2003 Chevrolet Cavalier, titled in joint names, and his interest in the 1994 Ford F450 dump truck, titled in the names of Husband and Gregg Skerpon. Wife shall retain sole and exclusive possession of the personal property in her possession, including the 2000 Dodge Ram Truck, which is titled in Wife's name. The parties will execute all documents required to transfer to the other the certificates of title to their respective vehicles within fourteen (14) days of the date of the execution of this agreement, or as soon as the lienholder will allow. If the lienholder insists that the lien be satisfied before transfer of the Certificate of Title, then the parties shall do so within fourteen (14) days of either party's receipt of the satisfied title. 6. Debts and Liabilities The only joint debts incurred during the marriage and unsatisfied as of the execution date of this agreement are the MERS mortgage on the Green Street rental property and the Erie Community Credit Union loan on Wife's 2000 Dodge Ram Truck. As more particularly set forth above, Husband shall be solely responsible for timely payment of the MERS mortgage pending sale of the property. Husband shall indemnify and hold harmless Wife from all efforts by the creditor to enforce this obligation against Wife. Wife shall be solely responsible for timely payment and satisfaction of the Erie Community Credit Union car loan, and shall indemnify and hold harmless Husband from all efforts by the creditor to enforce this obligation against Husband. 10 Because the mortgage and the credit union loan are in joint names, each party can monitor whether the other is making timely payments of these obligations. Any obligations incurred by either party in his or her individual name, whether incurred before or after separation, and including credit cards, are the sole responsibility of the party in whose name the debt or obligation was incurred. 7. J.R. Guinn Real Estate, LLC During the marriage, the parties began operating a limited liability corporation known as J.R. Guinn Real Estate, LLC. Wife waives and relinquishes her interest in and to this entity, which Husband intends to continue operating. Husband shall be responsible solely for all debts and obligations for which the corporation is or may become liable, and shall indemnify and hold harmless Wife from all efforts by the creditors to enforce these obligations against Wife. Within ten (10) days of the execution date of this Agreement, Husband will direct his attorneys at Reagler Adler PC, to prepare the documents necessary for Wife to relinquish her interest in the corporation. Wife shall execute these documents within fourteen (14) days of counsel's request that she do so. 1 19 - CASH PAYMENT Within ten (10) days of Wife's execution of this Agreement and her affidavit of consent and waiver of notice of intention to request entry of divorce decree, Husband shall pay to Wife in full and final settlement of her claims to the real estate and other marital assets the sum of 11 $40,000.00. This payment is part of Wife's equitable distribution of assets and shall not be considered as alimony for federal income tax purposes. 120 - SPOUSAL SUPPORT, APL AND ALIMONY Concurrently with signing this Agreement, Wife shall withdraw with prejudice her complaint for spousal support and alimony pendente lite ("apl"), including remittance of all arrears, and shall direct the Cumberland County DRS section immediately to vacate the order for apl dated April 21, 2008. Both parties forever waive and relinquish all claims to spousal support, apl and alimony. Husband will continue to maintain Wife on his health insurance coverage until entry of the divorce decree. 121 - COUNSEL FEES, COSTS AND EXPENSES Both parties shall pay their own counsel fees, costs and expenses. Neither party shall seek reimbursement or contribution from the other for payment of legal fees, expert's fees, or any other expenses incurred in connection with this agreement or any action for divorce. 122 - TAX CONSEQUENCES OF PROPERTY TRANSFER The parties have negotiated this agreement with the understanding that the property transfers described in this agreement fall within the provisions of section 1041 of the Internal Revenue Code, and as such will not result in the recognition of any gain or loss upon the transfer by the transferor. 12 Joint Tax Returns The parties filed separate federal, state and local income tax returns for 2007. Husband paid the net capital gains taxes on the sale in 2007 of 1938 3rd Street, Steelton, Dauphin County, Pennsylvania. Wife paid her own federal taxes on the early withdrawal from her 401(k). Husband shall be solely responsible for the net capital gains attributable to the sale in 2008 of the 6-unit in Steelton, Dauphin County, and the Green Street rental property, whenever that occurs. He acknowledges that he has been advised of his right to seek the counsel of a tax attorney or certified public accountant with regard to these tax consequences, and, having been so advised, Husband acknowledges and accepts that the division of real estate and its subsequent tax consequences is fair and equitable. If any deficiency in the parties' income tax is proposed as a result of any tax year in which the parties filed joint returns, or any assessment of any such tax is made against the parties, then, prior to settling or contesting any such claims, the parties shall pay the tax, interest, penalty or expense assessed or proposed to be assessed against them on a pro-rata share according to their respective income levels. The parties also will pay all costs and expenses for defending any tax audits relating to the parties' tax returns and tax liabilities on the same pro-rata basis. If such audit reveals that either party was responsible for misrepresentations, errors, failures to disclose, and/or omissions in the reporting of that party's income, expenses, deductions, interest, etc., then that party shall assume solely and entirely all tax liabilities, including the payment of interest and penalties, which are assessed 13 against the parties as a result. In that event, the responsible party shall indemnify and hold the other harmless from and against any loss or liability for all such tax deficiencies, including but not limited to reasonable legal and accounting fees and costs. Tax Notices Within five (5) calendar days of either party's receipt of any deficiency notice or other correspondence from the Internal Revenue Service, the Pennsylvania Department of Revenue, or the local taxing authority, the receiving party shall provide the other with a copy of such notice and/or correspondence. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first written above. Witness c _ L Theresa Barrett Male, Equire / Ja R. Guinn . Smull, Esquire Chet White f/k/a C ryl L. Guinn 14