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HomeMy WebLinkAbout08-0420LINDA J. RAMSEY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW/? NO. ,qa,?b vi l TU'M MARK D. RAMSEY, Defendant IN DIVORCE NOTICE TO DEFEND 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 Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or 800-990-9108 SAIDIS, LINDSAY 26 West High Street Carlisle, PA SAIDIS, FLOWER & LI AY Carol J. Lindsay, Attorney Id. 44693 26 West High ee Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff LINDA J. RAMSEY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. v Q - y ao Cu;,-4 -7-4c,, MARK D. RAMSEY, ; Defendant IN DIVORCE COMPLAINT 1. The Plaintiff is Linda J. Ramsey, an adult individual, residing at 515 South West Street, Apartment D, Carlisle, Cumberland County, Pennsylvania. 2. The Defendant is Mark D. Ramsey, an adult individual, residing at 9054 Ramsey Road, Orbisonia, Huntingdon County, Pennsylvania. 3. The Plaintiff and Defendant both have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on August 13, 1983 in Huntingdon County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties in this or in any other jurisdiction. 6. The Plaintiff has been advised that counseling is available and that he/she has FLOWER & LINDSAY 26 West High Street Carlisle, PA the right to request that the court require the parties to participate in counseling. COUNTI COMPLAINT IN DIVORCE UNDER SECTION 3301(c) or (d) OF THE DIVORCE CODE 7. The marriage is irretrievably broken. WHEREFORE, Plaintiff requests entry of a divorce decree in her favor in accordance with §3301 of the Pennsylvania Divorce Code. COUNT II EQUITABLE DISTRIBUTION 8. The averments in paragraphs 1 through 7 are incorporated hereto as if fully set forth herein. 9. During their marriage, the parties have acquired certain property, both personal and real. WHEREFORE, Plaintiff requests this Court to equitably divide the marital property. COUNT III ALIMONY ALIMONY PENDENTE LITE COUNSEL FEES AND COSTS 10. The averments in paragraphs 1 through 9 are incorporated hereto as if fully set forth herein. 11. Plaintiff is unable to provide for her reasonable needs in the standard of living established during the marriage. 12. Plaintiff is unable to sustain herself during the course of this litigation or to pay the necessary and reasonable attorney's fees and reasonable costs and expenses. WHEREFORE, Plaintiff requests an award of Alimony, Alimony Pendente Lite, Counsel Fees and Costs. SAIDIS, FLOWER 8I LINDSAY SAMIS, FLOWER & LINDS" AIMVM?UAW 26 West High Street Carlisle, PA r Carol J. Linga Ssquire Attorney Id 4 93 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff VERIFICATION I verify that the statements made in the foregoing document 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 falsifications to authorities. LiK I/ J. Ramse Date: >(? ?? ?Oo? SAM, RI& LINDSAY 26 West High Street Carlisle, PA -r Q ? V 1 4 _ c. 'r y- I 11 ? to LINDA J. RAMSEY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 0? - 4AO MARK D. RAMSEY, Defendant IN DIVORCE AFFIDAVIT OF SERVICE I, Carol J. Lindsay, Esquire, being duly sworn according to law, hereby deposes and says that on January 26, 2008, 1 served a true and correct copy of Complaint in Divorce upon Mark D. Ramsey, by mailing the document to his address at 9054 Ramsey Road, Orbisonia, PA 17241 by Certified U.S. Mail, Restricted Delivery, Return Receipt Requested, as evidenced by the attached U.S. Postal Service Form 3811, Domestic Return Receipt, the latter of which is signed by the recipient, Mark D. Ramsey. Respectfully submitted, SAIDIS, FLOWER & LINDSAY Carol J. Linds y, s1 Attorney Id. 4 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff Dated: January 29, 2008 FLOWER & LENDS" 26 West High Street Carlisle, PA It FLOWER SAIDIS, LINDS" W 26 West High Street Carlisle, PA ¦'ComOfd a Nsms 1,.Zr and & Also complete 4tem 4 N RsstricW DeNvery is dedkrd. ¦ Print your Warne end on the reveres so that we can meta" to you. ¦ Attach thfs card tD 1 Of the ma0piece, or on t1Mlfiront H spao its. 1. Ardde A iN d to: RoS ?CL '-gse-y WO `t 0?43 A. SlgrWM 0 Am* {Prln6sd ne) 1 C. Data of DWvery D. Is daNrary Iddreas ditirv. from)*rt 1T ? 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Ramsey, by and through counsel, SAIDIS, FLOWER & LINDSAY, and petitions this Honorable Court as follows: 1. The parties hereto are husband and wife, having been joined in marriage on August 13, 1983. 2. The parties separated on or about January 9, 2008. 3. Petitioner is without the ability to earn income sufficient to meet her reasonable needs and to pay attorney's fees. WHEREFORE, Petitioner prays this Honorable Court to order alimony pendente lite in an amount equal to the Pennsylvania State Support Guidelines and reasonable attorney's fees. SAIDIS, FLOWER & LINDSAY SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA Supreme Court I No. 44693 26 West High treet Carlisle, PA 17013 717-243-6222 DRS ATTACHMENT FOR APL PROCEEDINGS PETITIONER: LINDA J. RAMSEY DOB: OCTOBER 31, 1964 SSN: 175-62-4216 ADDRESS: 515 SOUTH WEST STREET, APT. D, CARLISLE, PA 17013 PHONE: 717-599-4787 ATTORNEY: CAROL J. LINDSAY, ESQUIRE PETITIONER'S EMPLOYMENT: QUALITY CARE PHARMACY, CARLISLE, PA HOW LONG? FEBRUARY 5, 2008 NET PAY: $9.00 PER HOUR JOB TITLE: CLERK OTHER INCOME: NONE RESPONDENT: MARK D. RAMSEY DOB: JANUARY 11, 1961 SSN: 187-52-7540 ADDRESS: 9054 RAMSEY ROAD, ORBISONIA, PA 17243 PHONE: 814-251-4956 ATTORNEY: PETER MCMANAMON, ESQUIRE RESPONDENT'S EMPLOYMENT: BONGIOVANNI CONSTRUCTION, SYRACUSE, NEW YORK HOW LONG? 21 YEARS SAMIS, FLOWER & LINDSAY ArIONaMMT-LAW 26 West High Street Carlisle, PA NET PAY: APPROXIMATELY $60,000.00 JOB TITLE: LABORER OTHER INCOME: FAMILY FARM WHEN MARRIED: AUGUST 13, 1983 WHERE: HUNTINGDON COUNTY, PENNSYLVANIA DATE SEPARATED: JANUARY 9, 2008 WHERE LAST LIVED TOGETHER: 9054 RAMSEY ROAD, ORBISONIA, PA 17243 FOR DRS INFORMATION ONLY (Y?' h.J L'V:? `'? j 1 JJJ ? G"? "'1'? ? t ... C.'?3 ? TI r.,. T ` - -A -?-. f T i ?.:JY ?„?` `_ ( jt ` , ??..w `. , 1 Irv r ??'S"" _ ._, : r.? 1 v _;'. ?' ^'C ? -.^: LINDA J. RAMSEY, THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 08-420 CIVIL TERM MARK D. RAMSEY, IN DIVORCE Defendant/Respondent : PACSES CASE NO: 355109833 ORDER OF COURT AND NOW, this 25th day of February, 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 March 17, 2008 at 10:30 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU 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 Carol J. Lindsay, Esq. Peter McManamon, Esq. Date of Order: February 25, 2008 . J. Sh day, onference Officer T 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 ;?`? . _ ?? ..? .;?.: ' ` ` ? , , ?+ ? ? ?M. c.r" ? " ` =5 ? ?-W.} ..?:? ?=: ` s_}: = . ,? .A LINDA J. RAMSEY, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 08-420 CIVIL TERM MARK D. RAMSEY, IN DIVORCE Defendant/Respondent : PACSES Case Number: 355109833 ORDER OF COURT - RESCHEDULE A CONFERENCE AND NOW, this 28th day of February 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 Monday, March 24, 2008 at 10:30 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. This date replaces the prior conference date of March 17, 2008. 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 (6) 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 Date of Order: Febru 2ar? 8, 2008 Copies mailed to: Petitioner Respondent Carol J. Lindsay, Esq. Peter McManamon, Esq. 4A R. J. S day, onference Officer ;f / 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. °Y; '` ?,; ram '_t 1 Clo LINDA J. RAMSEY, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 08-420 CIVIL TERM MARK D. RAMSEY, IN DIVORCE Defendant/Respondent : PACSES Case Number: 355109833 ORDER OF COURT - RESCHEDULE A CONFERENCE AND NOW, this 25th day of March 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. Shaddav on April 3. 2008 at 10:30 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. This date replaces the prior conference date of March 24, 2008. 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 1910.110 (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you (6) IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. Date of Order: March 25, 2008 Copies mailed to: Petitioner Respondent Carol J. Lindsay, Esq. Peter McMAnamon, Esq. BY THE COURT, Edgar B. Bayley, President Judge R. J. Sha day, Conference Officer / Pp 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 iw ? ? r? ...i y'? ?-? ? _ 1 J ?i `a ¢ (/` ,ll? `? ?x+w LINDA J. RAMSEY, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 08-420 CIVIL TERM MARK D. RAMSEY, IN DIVORCE Defendant/Respondent PACSES CASE ID: 355109833 ORDER OF COURT AND NOW, this 3rd day of April 2008, based upon the Court's determination that the Petitioner's monthly net income/earning capacity is $n/a and the Respondent's monthly net income/earning capacity is $n/a, it is hereby ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit One Thousand and 00/100 Dollars ($1,000.00) per month payable weekly in the amount of $230.77 as follows: $1,000.00 per month for Alimony Pendente Lite and $0.00 per month on arrears. First payment due: the first pay date in May 2008. The effective date of the order is February 21, 2008. Arrears set at $0.00 as of April 3, 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: Linda J. Ramsey. 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 party no later than March 31 S` 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: 75% by the Respondent and 25% by the Petitioner. [] Respondent [X] Petitioner [] Neither party to provide medical insurance coverage. Within thirty (30) days after the entry of this order, the [X] Petitioner [] 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 is based upon an agreement of the parties. The Respondent is given credit in the amount of $2,295.89 for direct payments to the Petitioner. 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 Mailed copies on: April 4.2008 to: Petitioner Respondent Carol J. Lindsay, Esq. Peter M. McManamon, Esq. DRO: R.J. Shadday Petitioner's Attorney Respondent's Attorney BY THE COURT, N-t U4 M. L. Ebert, Jr., J. -::, ?- - ?? _ ? ._? _?-a _.?.- -?, ... ?,ti_ t?../.J i ? ? _? •i r?r '? `.. ?1 ` f l '.._ ?? 08-420 CIVIL ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 04/03/08 Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number M. A. BONGIOVANNI INC. PO BOX 147 COLVIN STA SYRACUSE NY 13205-0147 RE: RAMSEY, MARK D . O Original Order/Notice O Amended Order/Notice O Terminate Order/Notice Employee/Obligor's Name (Last, First, MI) 187-52-7540 Employee/Obligor's Social Security Number 6236101943 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. 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: $ 230.77per weekly pay period. $ 461.54.per biweekly pay period (every two weeks). $ Soo. oo per semimonthly pay period (twice a month). $ 1, goo. oo per monthly pay period. $ o. 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 $ 1, 000.00 per month to be forwarded to payee below. 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. $ 1, 000.00 per month in current support $ o oo per month in past-due support Arrears 12 weeks or greater? Dyes ® no 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. 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: 414 167 DRO: R.J. SHADDAY Service Type M Nt ?-AA? M. L. EBERT, JR., OUDGE Form EN-028 Rev OMB No.: 0970-0154 Worker ID $IATT 1004+ x 12?+ 2t1.7* 11004• x 120 + 26-: 461.54* A 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 ina state that is d4erent from the state that issued this o er, a copy must be provi?ed to your empyoyee 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 employeelobhgor 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: 1505663330 EMPLOYEE'S/OBLIGOR'S NAME: RAMSEY, MARK D. EMPLOYEE'S CASE IDENTIFIER: 6236101943 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 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 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 by telephone at (717) 240-6225 or P.O. BOX 320 by FAX at (717) 240-6248 or CARLISLE PA 17013 by internet www.childsupport.state.pa.us Page 2 of 2 Service Type M OMB No.: 0970.0154 Form EN-028 Rev. 1 Worker ID $ IATT t ADDENDUM Summary of Cases on Attachment Defendant/Obligor: RAMSEY, MARK D. PACSES Case Number 355109833 Plaintiff Name LINDA J. RAMSEY Docket Attachment Amount 08-420 CIVIL $ 1,000.00 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 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 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. 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) ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available identified above in any health insurance coverage available through the employee's/obligor's employment. through the employee's/obligor's employment. Addendum Form EN-028 Rev. 1 Service Type M OMB No.: 0970-0154 Worker ID $IATT c ?a -??:' ct, m ' f A ?: {.. „? ?r ?" w .?- LINDA J. RAMSEY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 08-420 MARK D. RAMSEY, Defendant IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed January 18, 2008. 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. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. j? Date: - c L' da J. Ra sey PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER6 3301 W OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. SAII)IS, FLOWER & LIlVDSAY ATIOAiVbMAT LAW 26 West High Street Carlisle, PA 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 to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Date: I t- A I A Ll a J. R sey C? ? ? C_. ? ? CJ ?-n sv ? -- _ --? .? ,. ,. ' - - . -r ?? , _ ??? ? =? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LINDA J. RAMSEY, NO. 08 - 420 Plaintiff VS. MARK D. RAMSEY, Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on January 18, 2008. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and 90 days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree in 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. 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: ?WtLr 21??a9 Mark D. Ramsey Defendant r1? €r.?? (._.? ? r'° ? r1 r.;.? ?? ?;'??_.: tt? ? r n - L> .. - ..- _„ :? .. ?;, -'4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LINDA J. RAMSEY, Plaintiff vs. MARK D. RAMSEY, NO. 08 - 420 Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 63301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court, and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements 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. 2 g DATE: N wev$ M& VD. Ramsey Defendant C 7 c r:? St F L.J 1 LINDA J. RAMSEY, Plaintiff V. MARK D. RAMSEY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-420 IN DIVORCE PROPERTY SETTLEMENT AND SEPARATION AGREEMENT THIS AGREEMENT made this 9,k G' day of /VO,/tmr? - , 2008, between LINDA J. RAMSEY of 515 South West Street, Apartment D, Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as Wife, and MARK D. RAMSEY of 9054 Ramsey Road, Orbisonia, Huntingdon County, Pennsylvania, hereinafter referred to as Husband. RECITALS: R.1: The parties hereto are husband and wife, having been joined in marriage on August 13, 1983 in Huntingdon County, Pennsylvania; and R.2: A Complaint for Divorce has been filed in the Court of Common Pleas of Cumberland County, Commonwealth of Pennsylvania, to Number 08-420, Civil Term; and R.3: The parties hereto desire to settle fully and finally their respective financial and property rights and obligations including, but not limited, of all matters between them relating to the ownership of real and personal property, claims for spousal support, alimony, alimony pendente lite, counsel fees and costs, and the settling of any and all claims and possible claims against the other or against their respective estates. NOW THEREFORE, in consideration of the covenants and promises hereinafter to be mutually kept and performed by each party, as well as for other good and valuable consideration and intending to be legally bound, it is agreed as follows: 1 (1) SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she from time to time may choose or deem fit, free from any control, restraint or interference from the other. Neither party will molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceeding. Each party shall be free of the interference, authority or contact by the other as if he or she was single and unmarried except as maybe necessary to carry out the terms of this agreement. (2) DIVORCE: The parties acknowledge that the marriage is irretrievably broken and that they will secure a mutual consent no-fault divorce decree in the above-captioned divorce action. Contemporaneous with the execution of this Agreement, the parties shall execute and file Affidavits of Consent and Waivers of Notice necessary to finalize said divorce. (3) REAL PROPERTY: Husband is the owner of certain real property with improvements erected thereon, known and numbered as 9054 Ramsey Road, Orbisonia, Huntingdon County, Pennsylvania. The property was gifted to Husband and Wife has an interest in its increase in value. Within forty-five (45) days of the date of this Agreement, Husband will pay to Wife $100,000.00 and Wife will execute any quit claim deed which Husband may require in order to transfer to him all her right and interest in the Orbisonia property. With regard to that property, Husband will be exclusively responsible for any obligations related thereto such as taxes, insurance and utilities and with regard to all such expenses, he shall indemnify and hold Wife harmless. (4) DEBT: A. Marital Debt: The parties warrant and agree that there is no marital debt, joint or individual, for which either might be liable incurred prior to the signing of this Agreement. 2 B: Post Separation Debt: In the event that either party contracted or incurred any debt since the date of separation on January 9, 2008, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the debt may have been incurred. C: Future Debt: From the date of this Agreement neither party shall contract or incur any debt or liability for which the other party or his or her property or estate might be responsible and shall indemnify and save the other party harmless from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other party. (5) MOTOR VEHICLES: Each party relinquishes any right, title and interest he or she may have to any and all motor vehicles currently in possession of the other party. Within ten (10) days of the date of this agreement each party shall execute any documents necessary to have said vehicles properly registered in the other party's name with the Pennsylvania Department of Transportation. Each party shall assume full responsibility of any encumbrance on the motor vehicle received by said party, and shall hold harmless and indemnify the other party from any loss thereon. Specifically, Husband will retain his 2000 Chevrolet truck and Wife will retain the 2000 Jeep. (6) TANGIBLE PERSONAL PROPERTY: The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, tools and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such property presently in his or her possession whether said property was heretofore owned jointly or individually by the parties hereto. This agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto. Husband shall retain the farm equipment and livestock at the Orbisonia property. 3 (7) INTANGIBLE PERSONAL PROPERTY: Each party hereby relinquishes any right, title or interest he or she may have in or to any intangible personal property currently titled in the name of or in the possession of the other party, including, but not limited to, stocks, bonds, insurance, bank accounts, individual retirement accounts, employment benefits including retirement accounts, savings plans, pension plans, stock plans, 401 K plans and the like. By Qualified Domestic Relations Order prepared by Husband's counsel, Husband will transfer to Wife one-half of his M.A. Bongiovanni, Inc. 401(k) and profitsharing plan as of January 9, 2008 together with all gains or losses thereon from that date until the date of distribution. Husband warrants that there are no loans against the 401(k) plan nor has he made any withdrawals therefrom since January 9, 2008. The parties acknowledge and agree that as of October 1, 2007, the 401(k) plan had a balance of $215,495.02. The Qualified Domestic Relations Order anticipated by this paragraph will be filed with the Court contemporaneously with a Praecipe to Transmit the record. (8) ALIMONY: Husband agrees to pay to Wife as alimony the sum of $500.00 per month commencing the first of the month following the month in which the Decree in Divorce is entered, continuing in the same amount on the first of each month thereafter until the occurrence of one of the following: 1. The death of Wife 2. The death of Husband 3. The remarriage or cohabitation of Wife with a member of the opposite sex not within the degrees of consanguinity 4. The payment of the amount set out above for a period of 72 months from the date of the first payment. The parties acknowledge that they know one another's Social Security Number. 4 Alimony payments shall be deductible from Husband's gross income for the purpose of filing federal income tax returns and includible in Wife's gross income for the same purpose. The alimony payment set out herein shall be payable to the Office of Domestic Relations of Cumberland County or the Office of Domestic Relations of a county having jurisdiction over HUSBAND. Enforcement shall be by attachment of Husband's wages. In the event that an overpayment in the amount of alimony is made, WIFE will refund said overpayment to HUSBAND within ten days of receipt and notice of its payment in error. (9) ADVICE OF COUNSEL: The parties hereto acknowledge that each has been notified of his or her right to consult with counsel of his or her choice, and have been provided a copy of this agreement with which to consult with counsel. Husband is represented by Peter McManaman and Wife is represented by Carol J. Lindsay, Esquire. Each party acknowledges and accepts that this agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge as each has sought from counsel, and the execution of this agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. Each party shall pay his or her own attorney for all legal services rendered or to be rendered on his or her behalf. (10) ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. (11) INCOME TAX: The parties have heretofore filed joint Federal and State Tax returns. Both parties agree that in the event any deficiency in Federal, state or local income tax is proposed, or assessment of any such tax is made against either of them, each will indemnify and 5 hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. (12) BANKRUPTCY: The parties hereby agree that the provisions of this Agreement shall not be dischargeable in Bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement including alimony shall be subject to court determination the same as if this Agreement had never been entered into. (13) COMPLETE DISCLOSURE: The parties do hereby warrant, represent, acknowledge and agree that each is fully and completely informed of, and is familiar with, the wealth, real and personal property, estate and assets, earnings and income of the other and has made any inquiry he or she desires into the income or estate of the other and received any such information requested. Each has made a full and complete disclosure to the other of his and her entire assets, liabilities, income and expenses and any further enumeration or statement thereof in this Agreement is specifically waived. (14) RIGHTS AND RESPONSIBILITIES: Husband and Wife acknowledge that each of them has read and understand his and her rights and responsibilities under this Agreement and that they have executed this Agreement under no compulsion to do so but as a voluntary act. 6 (15) FULL SETTLEMENT: Except as herein otherwise provided, each party hereby releases the other from any and all claims, or demands up to the date of execution hereof. It is further specifically understood and agreed by and between the parties hereto that each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said party's rights against the other for past, present and future claims on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of the party, including all claims which have been raised or may be raised in an action for divorce. (16) RELEASE OF ALL CLAIMS: Except as may be otherwise specifically provided in this Agreement, Husband and Wife, for themselves, their heirs, representatives and assigns, each hereby forever releases, remises, discharges and quitclaims the other, and such other's heirs, representatives, assigns and estate, from and with respect to the following: A. All liability, claims, causes of action, damages, costs, contributions and expenses or demands whatsoever in law or in equity; B. All rights, title, interest or claims in or to any property of the other, whether real, personal or mixed and whether now owned or hereafter acquired; C. All rights of courtesy and dower and all claims or rights in the nature of courtesy and dower; D. All widow or widower's rights; E. All right, title, interest or claim in or to the other's estate, whether now owned or hereafter acquired, including but not limited to all rights or claims: (1) to take against the other's will; (2) under the laws of intestacy; (3) to a family exemption or similar allowance; 7 and (4) all other rights or authority to participate or intervene in a deceased spouse's estate in any way, whether arising under the laws of Pennsylvania or any other country, territory, state or political subdivision. F. All rights or claims to any accounting; G. All rights, claims, demands, liabilities and obligations arising out of or in connection with the marital relationship or the joint ownership of property, whether real, personal or mixed; H. All rights, claims, demands, liabilities and obligations arising under the provisions of the Pennsylvania Divorce Code, as the same may be amended from time to time, and under the provisions of any similar statute enacted by any other country, state, territory or political subdivision; 1. All rights, claims, demands, liabilities and obligations each party now has, or may hereafter have, against or with respect to the other. (17) GOVERNING LAW: This Agreement shall be construed under the law of the Commonwealth of Pennsylvania. If any provision of this Agreement is determined to be invalid or unenforceable, all other provisions shall continue in full force and effect. (18) INCORPORATION INTO DECREE: In the event that either of the parties shall recover a final judgment or decree of absolute divorce against the other in a court of competent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but shall not be merged into such judgment or decree and this Agreement shall survive any such final judgment or decree of absolute divorce and shall be entirely independent thereof. (19) BREACH: In the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, 8 but not limited to, court cost and counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election; to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. (20) ENTIRE UNDERSTANDING: This Agreement constitutes the entire understanding between the parties and there are no covenants, conditions, representations, or agreements, oral or written, of any nature whatsoever, other than those herein contained. (21) AGREEMENT BINDING ON PARTIES AND HEIRS: This Agreement shall bind the parties hereto, their respective heirs, executors and assigns. IN WITNESS WHEREOF, the parties hereto intending to be legally bound have hereunto set their hands and seals the day and year first written above. WITNESS: n `" -lLiMiX Ra sey Ma D. Ramsey ixr C;?S LINDA J. RAMSEY, Plaintiff V. MARK D. RAMSEY, Defendant PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Kindly transmit the record, together with the following information, to the Court for entry of a Decree in Divorce: 1. Grounds for Divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Defendant accepted service of the Complaint on January 26, 2008, via certified mail. Proof of service was filed with the Court on February 14, 2008. 3. Date Affidavit of Consent required under Section 3301(c) of the Divorce Code was signed: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-420 IN DIVORCE By Plaintiff: November 21, 2008 and filed with the Prothonotary on November 25, 2008. By Defendant: November 21, 2008 and filed with the Prothonotary on November 25, 2008. 4. Related claims pending: The terms of the Property Settlement and Separation Agreement dated November 21, 2008 are incorporated, but not merged, into the Decree in Divorce. 5. Date Waiver of Notice under Section 3301(c) of the Divorce Code was signed: By Plaintiff: November 21, 2008 and filed with the Prothonotary on November 25, 2008. By Defendant: November 21, 2008 and filed with the Prothonotary on November 25, 2008. FLONVER ? LINDSAY 26 West High Street Carlisle, PA SAIDISy, FLOWEER,& rIr Supreme Court I 26 West High Street Carlisle, PA 17013 717-243-6222 Attorney for Plaintiff ? ? ?? ?? i`,:i N ? ? 1 `'-1 .ate - ? ? ? ? .r ? . '"V IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LINDA J. RAMSEY V. MARK D. RAMSEY NO. 08-420 DIVORCE DECREE AND NOW, '-00'b , it is ordered and decreed that LINDA J. RAMSEY plaintiff, and MARK D. RAMSEY defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") The terms of the attached Marital Settlement Agreement, dated November 21, 2008, are incorporated but not merged into this Decree in Divorce. By the Court, Attest: J 14';r honotary 4- -v• /,? - -r/ -IV - 3? Z°. / .1. ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 01/01/09 Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number M. A. BONGIOVANNI INC. PO BOX 147 COLVIN STA SYRACUSE NY 13205-0147 187-52-7540 Employee/Obligor's Social Security Number 6236101943 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. $ o . oo per month in current child support $ o. To per month in past-due child support Arrears 12 weeks or greater? Dyes (R) no $ 0.00 per month in current medical support $ o.00 per month in past-due medical support $ o . oo per month in current spousal support $ 0.00 per month in past-due spousal support $ o . oo per month for genetic test costs $ o . oo per month in other (specify) $ one-time lump sum payment for a total of $ o . oo per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 0. 00 per weekly pay period. $ 0.00 per semimonthly pay period (twice a month) $ o . 00 per biweekly pay period (every two weeks) $ o . 00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If required by Pennsylvania law (23 PA C.S. § 4374(b)) to remit by electronic payment method, please call Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER /D (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: Service Type M OMB No.: 0970-0154 355109833 QOriginal Order/Notice 08-420 CIVIL Amended Order/Notice I X Terminate Order/Notice Oone-Time Lump Sum/Notice RE:RAMSEY, MARK D. Employee/Obligor's Name (Last, First, MI) Form EN-028 Rev. 4 Worker ID $IATT t ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS If heck you are required to pr vide a opy of this form to your mployee. If yo r employee v?orks in a state that is dierent from the state that issued this oer, 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 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 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. 1505663330 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : IZI THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: I3 EMPLOYEE'S/OBLIGOR'S NAME: RAMSEY, MARK D. EMPLOYEE'S CASE IDENTIFIER: 6236101943 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: FINAL PAYMENT AMOUNT: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the 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 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 (CCPA) (15 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks : If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of . the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION 13 N HANOVER ST P.O. BOX 320 CARLISLE PA 17013 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 Service Type M OMB No.: 0970-0154 Form EN-028 Rev. 4 Worker I D $ IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: RAMSEY, MARK D. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Addendum PACKS Case Number Plaintiff Name PACKS Case Number Plaintiff Name PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Service Type M OMB No.: 0970-0154 Form EN-028 Rev. 4 Worker ID $IATT rw? r.. ,. ?? «f, _ ? l?/? ? . ' , ... r ...-..? j ? . mow e... . ? ?? r ]? -w..? W . ? „ . W.w ? A,+ ??r t LINDA J. RAMSEY, Plaintiff/Petitioner VS. MARK D. RAMSEY, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 08-420 CIVIL TERM IN DIVORCE PACSES CASE: 355109833 ORDER OF COURT AND NOW to wit, this 29th day of December 2008, it is hereby Ordered that the the Order for Alimony Pendente Lite is terminated, effective January 1, 2009, pursuant to the parties' final decree in divorce and the parties' Property Settlement and Separation Agreement of November 21, 2008. There is a remaining balance of $384.59 owed to the Petitioner and is to be paid off with the current wage attachment order. The Cumberland County Domestic Relations Section dismisses their interest in the Alimony award as referred in the November 21, 2008 Property Settlement and Separation Agreement, effective December 31, 2008, pursuant to the Petitioner's request to terminate the Alimony award under the agreement. 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 COURT: DRO: R.J. Shadday xc: Petitioner Respondent Carol J. Lindsay, Esq. Peter M. McManamon, Esq. M. L. Ebert, Jr., J. w Lc- i t 3 Q Ise G tr. ?? u q- S I r 1 i o,V, " ?- G vim.. 0 hc?.hL1G?l6AJ n5 ) ?33?? W)' \- Cr- IMfvW-)U- [9? ?w? ,?-? ?-w, -? ? ..c? c?. 3 C.. (?> ( .,'t ?,? ?? •:?: --+ t "1- ..1 „-. JAN 2 n 2000 M A BONGIOVANNI, INC. RETIREMENT PLAN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA In re: Marriage of: LINDA 7. RAMSEY, Petitioner And QUALIFIED DOMESTIC RELATIONS ORDER Case No. 08-240 -120 MARK D. RAMSEY Respondent This matter came before the Court by Complaint filed on January 18, 2008. Certain provisions in this matter dealt with Petitioner's interest in a retirement plan of the Respondent for the provision of martial property rights. This Order is necessary to enforce such provisions. This Order is made pursuant to the domestic relations laws of the Commonwealth of Pennsylvania. The following are the terms and conditions of this Order: 1. Factual Recitals. a. Participant means the party who is the participant in the retirement plan which is the subject of this Order. In this matter, the Participant is the Mark D. Ramsey. The name and last known mailing address, birth date and social security number of the Participant are as follows: Mark D. Ramsey 9054 Ramsey Road Orbisonia, PA 17243 DOB: 1.11.61 SS #: 187-52-7540 r? b. The "Alternate Payee" is the former spouse of the Participant. The name and last known mailing address, birth date, and social security number of the Alternate Payee are as follows: Linda J. Ramsey DOB: 10 - 31 - (Pq SS#: 175-62-4216 c. The marriage began on August 13, 1983. The date of dissolution of marriage is j Fj?=92?,2. 2008. d. The name of the Plan to which this Order applies is M A Bongiovanni, Inc. Retirement Plan (the "Plan'l. This Order shall also apply to any benefits accrued by the Participant under a predecessor qualified retirement plan and which have been transferred. Any successor plan to the Plan, to which liability for the Participant's benefits described below is transferred, shall also be subject to the terms of this Order. Any changes in the Plan Administrator, Plan Sponsor or name of the Plan shall not affect the Alternate Payee's rights awarded under this Order. e. The name and address of the Plan Administrator is: BPA - Harbridge 6 Rhoads Drive Utica, New York 13502 f. The "Assignment Date" as described below for purposes of dividing benefits pursuant to this order is January 9, 2008. 2. Award of Benefits. a. Calculation. The Alternate Payee is awarded as his or her separate property and estate a share of the assets credited to the Participant's account under the Plan. The Alternate Payee's share of the Participant's account shall be calculated as follows: i. Step 1) The Plan Administrator shall determine the contents of the Participant's Aggregate Account as of the Assignment Date. The Participant's Aggregate Account does not include any outstanding loan balance(s) as of the Assignment Date. ii. Step 2) The Alternate Payee is assigned and awarded one-half of the value of the assets in Participant's Aggregate Account. This is the Alternate Payee's Account as of the Assignment Date. iii. Step 3) The Alternate Payee's Account shall be adjusted for a proportional share of all earnings (gains and losses) allocated to the Alternate Payee's Account from the Assignment Date until the account has been fully distributed to the Alternate Payee. The amount awarded to the Alternate Payee shall not include any contributions (including loan payments) made either by the Participant or on behalf of the Participant or on behalf of the Participant which have accrued subsequent to the Assignment Date. b. Account Segregation. As soon as administratively feasible following a determination that this order constitutes a Qualified Domestic Relations Order, the Alternate Payee's interest shall be segregated into a separate bookkeeping account for the benefit of the Alternate Payee, and shall thereafter be administered in accordance with the Plan as a separate and distinct account subject to the vesting rules governing the Participant's account. To the extent necessary, the Plan Administrator shall substitute any plan asset of comparable fair market value, to the extent practicable, to divide the plan assets as requested. Any balance on a Participant loan shall be allocated to the Participant's account, and the Participant shall be responsible for any outstanding loan balance. The Participant is divested of all right, title and interest in the Alternate Payee's account. The Participant shall retain all other value, benefits and interest in the Participant's account. c. Investment. Once the Alternate Payee's interest has been segregated into a separate account, the Alternate Payee may direct the investment of his or her Account. d. Timing and Form of Distribution. If the Alternate Payee's interest is small enough to qualify for automatic cash-out under the Internal Revenue Code and the terms of the Plan, then the Alternate Payee will be required to receive a distribution of his or her vested interest as of the earliest administratively feasible distribution date permitted by the Plan and its QDRO Procedures. If automatic cash-out does not apply, then the Alternate Payee may elect to take a distribution of his or her vested interest as of the earliest administratively feasible distribution date permitted by the Plan and its QDRO Procedures. The earliest administratively feasible distribution date cannot occur until at least all of the following events have taken place: i. The Plan Administrator has issued a formal determination letter approving the order as a QDRO. ii. The review period (if any) under the Plan's QDRO procedures has expired. iii. All application contributions have been allocated to the account. iv. The Alternate Payee's interest has been segregated into a separate account. v. The Plan has been valued. vi. The Alternate Payee's interest is (a) 100% vested; or (b) if not 100% vested, the Participant has separated from service; and vii. The Alternate Payee has properly followed the procedures necessary to take a distribution. Benefits to the Alternate Payee will commence in accordance with the minimum distribution requirements under federal law if the Alternate Payee does not elect an earlier commencement date. The Alternate Payee may elect to receive his or her benefit in any form available to the Participant and permitted by the Plan, except a joint and survivor annuity with a subsequent spouse of the Alternative Payee. e. Beneficiary Designation. The Alternate Payee may name a beneficiary for the Alternate Payee's interest by properly completing and filing a beneficiary designation. In the absence of a properly designated beneficiary or if the beneficiary is deceased, the Alternate Payee's remaining interest in the Plan at the date of death will be distributed in accordance with the Plan's procedures applicable to participant who do not have a valid beneficiary designation in force as of the date of death. f. Death of Alternate Payee. The death of the Alternate Payee shall not affect the Participant's remaining account. No benefit will be restored to the Participant upon the Alternate Payee's death. The Participant shall not be entitled to any death or survivor benefits as a result of the Alternate Payee's death, unless the Alternate Payee has validly designated the Participant as a beneficiary. g. Death of a Participant. The death of the Participant shall not affect the Alternate Payee's interest. The Alternate Payee shall not be entitled to any death or survivor benefits as a result of the Participant's death, unless the Participant has validly designated the Alternate Payee as a beneficiary. 3. Status of Order. It is intended that this Order will constitute a Qualified Domestic Relations Order pursuant to Internal Revenue Code §414(p)[26 USC §414(p) and ERISA §206(d)[29 USC §1056(d)], and this Order shall be administered and interpreted in conformity with said statute, as amended from time to times, and any regulations promulgated pursuant thereto. 4. Jurisdiction. The Court retains jurisdiction to amend this Order, but only for the purpose of establishing or maintaining its qualification as a Qualified Domestic Relations Order. 5. Participant and Alternate Payee to Keep Plan Administrator apprised of Whereabouts. The Participant and the Alternate Payee shall at all times keep the Plan Administrator informed of their respective permanent addresses. 6. Service Upon Plan Administrator. A true copy of this Order shall be served upon the Plan Administrator forthwith. Said Order shall take effect immediately and remain in effect until further Order of the Court. -I Dated this at I day of 200k BY THE COURT: The undersign consent to the entry of this Qualified Domestic Relations Order. a D. Ramsey Participant f-, 1 Li da J. amsey Alternate Payee r G C N N -o f^