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HomeMy WebLinkAbout08-1163e SHARON L. GARMAN, Plaintiff v. TERRY A. GARMAN, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. D$- IIlo3 0, ivi I lexm : CIVIL ACTION -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, 1 COURTHOUSE SQUARE, 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 OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 e SHARON L. GARMAN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 09- 11& 3 TERRY A. GARMAN, Defendant CIVIL ACTION -DIVORCE COMPLAINT COUNT I - DIVORCE UNDER $3301(c) or P43301(d) OF THE DIVORCE CODE 1. Plaintiff is Sharon L. Garman, who currently resides at 455 Kerrsville Road, Carlisle, Cumberland County, Pennsylvania, 17015. 2. Defendant is Terry A. Garman, who currently resides at 531 Union Hall Road, Carlisle, Cumberland County, Pennsylvania, 17013. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on May 17, 1996 in Mt. Holly Springs, Pennsylvania. 5. The parties have no minor children to the marriage 6. There have been no prior actions of divorce or for annulment between the parties. 7. Neither party is presently a member of the Armed Forces on active duty. 8. Plaintiff has been advised that counseling is available and that she may have the right to request that the court require the parties to participate in counseling. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a Divorce Decree being issued. f 9. The cause of action and sections of the Divorce Code under which Plaintiff is proceeding are: (a) §3301(c). The marriage of the parties is irretrievably broken; and (b) §3301(d). The marriage of the parties is irretrievably broken and, at the appropriate time, Plaintiff will submit an affidavit stating that the parties have been living separate and apart for a period of at least two (2) years. 10. Plaintiff requests This Honorable Court enter a Decree of Divorce. WHEREFORE, Plaintiff respectfully requests This Honorable Court enter an Order dissolving the marriage between Plaintiff and Defendant. Respectfully Submitted, WILEY, LENOX, COLGAN & MARZZACCO, P.C. By Timothy J. quire Attorney ID #77944 130 West Church Street Suite 100 Dillsburg, PA 17019 Tel: (717) 432-9666 Fax: (717) 432-0426 Dated: 2 ' ? '00 00 SHARON L. GARMAN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. TERRY A. GARMAN, Defendant CIVIL ACTION -DIVORCE VERIFICATION I, Sharon L. Garman, verify that the statements made in this Complaint 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. CS. §4904, relating to unsworn falsification to authorities. Date: k l 1? - C) g ac"? f, A'??? SHARON L. GARMAN Plaintiff 0 _Ln F C"} *v C; _? oo = . r.? ,opt a SHARON L. GARMAN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08-1163 CIVIL TERM TERRY A. GARMAN, Defendant CIVIL ACTION -DIVORCE RETURN OF SERVICE On the day of F?evr==7 , 2008, I, David Rudy, Process Server, served TERRY A. GARMAN with the Divorce Complaint filed on February 22, 2008 by Agti-01,06 -so r4 6r-R.r '*0 (manner of service) at M Iomt5E% TLuSQ o.CrF) t DSO N M i nbt ES cx ?f1QL1SLg P4 !7.'o i A at 7'Od &.m. (time of service). I verify that the statements in this return of service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Date: AVID R DY e) ate- co rT, -- r (D M 1 CC) SHARON L. GARMAN, Plaintiff V. TERRY A. GARMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-1163 Civil Term : CIVIL ACTION -DIVORCE PETITION FOR RELATED CLAIMS UNDER DIVORCE CODE AND NOW, comes the Plaintiff, Sharon L. Garman, by and through her attorney, Timothy J. Colgan, Esquire of Colgan Marzzacco, LLC, and files this Petition for Related Claims Under Divorce Code, respectfully averring as follows: COUNT I - CLAIM FOR EQUITABLE DIVISION OF MARITAL PROPERTY UNDER 43502(a) OF THE DIVORCE CODE 1. A Divorce Complaint was filed on February 22, 2008 under Sections 3301(c) and (d) of the Divorce Code. 2. Plaintiff and Defendant have individually or jointly acquired real and personal property during the marriage in which they individually or jointly have legal or equitable interest, which marital property is subject to equitable distribution. WHEREFORE, Plaintiff respectfully requests This Honorable Court to determine and equitably distribute, divide or assign said marital property pursuant to §3502(a) of the Divorce Code. COUNT H - CLAIM FOR ALIMONY PENDENTE LITE COUNSEL FEES COSTS AND EXPENSES 3. Paragraphs one (1) through two (2) are incorporated herein by reference as if set forth in full. 4. By reason of this action, Plaintiff will be put to considerable expense in the preparation of this case, in the employment of counsel and the payment of costs. 5. Plaintiff is without sufficient funds to support herself and to meet the costs and expenses of this litigation and unable to appropriately maintain herself during the pendency of this action. 6. Plaintiff's income is not sufficient to provide for her reasonable needs and pay her attorneys' fees and the costs of this litigation. 7. Defendant has adequate earnings and financial resources to provide support and alimony pendente lite for Plaintiff and to pay her counsel fees, costs and expenses. WHEREFORE, Plaintiff respectfully requests This Honorable Court compel Defendant to pay Plaintiff alimony pendente lite, counsel fees, costs and expenses of this action. COUNT III - CLAIM FOR ALIMONY 8. Paragraphs one (1) through seven (7) are incorporated herein by reference as if set forth in full. 9. Plaintiff lacks sufficient property to provide for her reasonable needs. 10. Plaintiff is unable to sufficiently support herself through appropriate employment. 11. Defendant has sufficient income and assets to provide continuing support and to pay alimony to Plaintiff. WHEREFORE, Plaintiff respectfully requests This Honorable Court compel Defendant to pay alimony to Plaintiff. Respectfully Submitted, COLGAN MARZZACCO, LLC By Timothy J. of , Esqu Attorney ID #77944 130 West Church Street Suite 100 Dillsburg, PA 17019 Tel: (717) 502-5000 Fax: (717) 502-5050 Dated: Y -VI SHARON L. GARMAN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-1163 Civil Term TERRY A. GARMAN, , Defendant CIVIL ACTION -DIVORCE VERIFICATION I, Sharon L. Garman, verify that the statements made in this Petition 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. CS. §4904, relating to unsworn falsification to authorities. Date: awn RON L. GARMAN Plaintiff SHARON L. GARMAN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-1163 Civil Term TERRY A. GARMAN, Defendant CIVIL ACTION -DIVORCE CERTIFICATE OF SERVICE I, Timothy J. Colgan, Esquire hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, first-class, postage prepaid, as follows: Richard P. Wagner, Esquire 2233 North Front Street Harrisburg, PA 17110 Date: '-0-O _ By: Timothy J. o sq ' e FteD-Owr1CE CF IK PROTH TAFY 2119 AUG 14 PM 2= 3 4 CUMBEiLAO COLKrY 478-00 Po A-rTy ?# a3rr?a,7?Fb SHARON L. GARMAN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-1163 CIVIL TERM TERRY A. GARMAN, Defendant CIVIL ACTION - DIVORCE CERTIFICATE OF SERVICE I, Jeanette L. Roberts, hereby certify that on August 10, 2009 I served a copy of the Petition for Related Claims upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, first-class, postage prepaid, as follows: Richard P. Wagner, Esquire 2233 North Front Street Harrisburg, PA 17110 By: Je tte L. Roberts FILED--O F I`E OF THE F,- )-F-'()NOTARY 2009 SEP I I PM 2: 02 SHARON L. GARMAN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA c o V. NO. 08-1163 CIVIL TERM TERRY A. GARMAN, cry-a Defendant CIVIL ACTION - DIVORCE MOTION FOR APPOINTMENT OF MASTER W Q Danell L. Rine, Plaintiff, moves the court to appoint a Master with respect to the following claims: tra (X) Divorce (X) Distribution of Property ( ) Annulment ( ) Support (X) Alimony (X) Counsel Fees (X) Alimony Pendente Lite (X) Costs and Expenses and in support of the motion states: (1) Discovery is not complete as to the claims(s) for which the appointment of a Master is requested. (2) The Defendant has appeared in the action through his attorney, Richard P. Wagner, Esquire. (3) The statutory ground(s) for divorce (are) 23 Pa. C.S.A. §6 3301(c) and (d). (4) Delete the inapplicable paragraph(s): (a) The aefien is not . (b) An agreement has been reached with respect to the following claims: None. (c) The action is contested with respect to the following claim: Alimony, Alimony Pendente Lite Distribution of Property, Counsel Fees. Costs and Expenses (5) The action does involve complex issues of law or fact. (6) The hearing is expected to take one (1) day. (7) Additional information, if any relevant to the motion: N/A. Date: ?` $ f v Timothy J. Igan Vquoie COLGAN ZA ,LLC Attorney for Plaintiff ORDER APPOINTING MASTER AND NOW, this day of , 2010, Esquire is appointed master with respect to the following claims: _ By the Court: 4 JAN 0 7 2010 SHARON L. GARMAN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-1163 CIVIL TERM C°. . co ' TERRY A. GARMAN, <Z7 Defendant CIVIL ACTION - DIVORCE s t MOTION FOR APPOINTMENT OF MASTER ca Danell L. Rine, Plaintiff, moves the court to appoint a Master with respect to the following claims: (X) Divorce (X) Distribution of Property ( ) Annulment ( ) Support (X) Alimony (X) Counsel Fees (X) Alimony Pendente Lite (X) Costs and Expenses and in support of the motion states: (1) Discovery is not complete as to the claims(s) for which the appointment of a Master is requested. (2) The Defendant has appeared in the action through his attorney, Richard P. Wagner, Esquire. (3) The statutory ground(s) for divorce (are) 23 Pa. C.S.A. %, 3301(c and (d). (4) Delete the inapplicable paragraph(s): (a) The aefien is not . (b) An agreement has been reached with respect to the following claims: None. (c) The action is contested with respect to the following claim: Alimony, Alimony Pendente Lite, Distribution of Property. Counsel Fees Costs and Expenses. (5) The action does involve complex issues of law or fact. (6) The hearing is expected to take one (1) day. (7) Additional information, if any relevant to the motion: N/A. Date: " / c:? t, e Timothy J. lV COL GAN ,LLC Attorney for Plaintiff ORDER APPOINTING MASTER C7 0 `? AND NOW, this _? day of !Jt , 2010, P '? G ?.- 7E Esquire is appointed master with rees.pect t the followi claims: .:: F -a U 00 J j r By the urt: C nc 0 c> 'T ?o .4 AL - , R4- ,, ?..? . Teo ?:=yn SHARON L. GARMAN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-1163 CIVIL TERM TERRY A. GARMAN, Defendant CIVIL ACTION - DIVORCE CERTIFICATE OF SERVICE I, Jeanette L. Roberts, hereby certify that on January 18, 2010 I served a copy of the Order Appointing Master upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, first-class, postage prepaid, as follows: Richard P. Wagner, Esquire 2233 North Front Street Harrisburg, PA 17110 >- N i. By: ?-' LL ette L. Roberts 0 ?b W? 0 S T C S 1 ? r.. r 0 N C m D V O_ 10 4 o? r? o M O M r O^, n ?,o ~j - * J 00 l!1 J w T 4 N `O O O 'o t-n N $0 ??oa 2 o tin r i.t mo Q o ? N 9 0 o ?- m z -n SHARON L. GARMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 08-1163 CIVIL TERM N TERRY A. GARMAN, IN DIVORCE c.- 22 a Defendant/Respondent PACSES CASE: 626111443 r7., r rn ORDER OF COURT J y- r? l? AND NOW, this 23rd day of February 2010, based upon the Court's determinat# n th`aa`i th ' Petitioner's monthly net income/earning capacity is $ 1,902.46 and the Respondents n4nth", et < income/earning capacity is $ 2,896.71, it is hereby ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit Four Hundred Fifty and 00/100 Dollars ($ 450.00) per month payable bi-weekly as follows: $ 387.00 per month for Alimony Pendente Lite and $ 63.00 per month on arrears. First payment due: in accordance with Respondent's pay schedule. The effective date of the order is February 1, 2010. Arrears set at $ 387.00 as of February 23, 2010. 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: Sharon L. Garman. 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 support obligation includes cash medical support in the amount of $250 annually for unreimbursed medical expenses incurred for each child and/or spouse. Unreimbursed medical expenses of the obligee or children 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" 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 Respondent and 100 % by 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 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 of the benefit booklet or coverage contract; 7) a description of all deductibles and co-payments; and 8) five copies of any claim forms. Other conditions: 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 Petitioner's Attorney Respondent Respondent's Attorney Mailed copies on: February 23, 2010 to: Petitioner Respondent Timothy J. Colgan, Esq. P. Richard Wagner, Esq. BY THE COURT, i Albert H. Masland, J. DRO: R.J. Shadday ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT 08-1163 CIVIL State Commonwealth of Pennsylvania OOriginal Order/Notice CO./City/Dist. Of CUMBERLAND OAmended Order/Notice Date of Order/Notice 02/23/10 OTerminate Order/Notice Case Number (See Addendum for case summary) OOne-Time Lump Sum/Notice RE: GARMAN, TERRY A. Employer/Withholder's Federal EIN Number Employee/Obligor's Name (Last, First, MI) 172-52-3626 Employee/Obligor's Social Security Number MIDDLESEX TOWNSHIP 7493102236 350 N MIDDLESEX RD Employee/Obligor's Case Identifier CARLISLE PA 17013-8422 (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. n $ 0.00 per month in current child support ` y'es $ o.-00 per month in past-due child support Arrears 12 weeks or greater? rD no=--4 $ 0.00 per month in current medical support u3 oo per month in past-due medical support $ o . $ 387.00 per month in current spousal support = a t ..4 $ 0. oo per month in past-due spousal support $ o . oo per month for genetic test costs i $ o . oo per month in other (specify) $ one-time lump sum payment for a total of $ 387.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 89.31 per weekly pay period. $ 193.50 per semimonthly pay period (twice a month) $ 178.62 per biweekly pay period (every two weeks) $ 387.00 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). Pennsylvania law (23 PA C.S. § 4374(b)) requires remittance by an electronic payment method if an employer is ordered to withhold income from more than one employee and employs 15 or more persons, or if an employer has a history of two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, 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 OR ER TO E PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: Albert H. Masland, Judge DRO: R.J. Shadday Form EN-028 Rev.5 Service Type M OMB No.: 0970-0154 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS F-1 If hheckefl you are required to provide gopy of this form to your?mployee. If yorr employee works in a state that is di ,rent rrom the state that issued this or er, a copy must be provi ed to your emp ogee 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. 2360052540 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : 0 THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 0 EMPLOYEE'S/OBLIGOR'S NAME:GARMAN, TERRY A. EMPLOYEE'S CASE IDENTIFIER: 7493102236 LAST KNOWN HOME ADDRESS: DATE OF SEPARATION: 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 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 (CCPA) 0 5 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 If you or your employee/obligor have any questions, 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 Form EN-028 Rev.5 Service Type M oMSNo.:0970-0154 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: GARMAN, TERRY A. PACSES Case Number 626111443 PACSES Case Number Plaintiff Name Plaintiff Name SHARON L. GARMAN Docket Attachment Amount Docket Attachment Amount 08-1163 CIVIL$ 387.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB 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 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 Form EN-028 Rev.5 Service Type M OMB No.: 0970-0154 Worker I D $ IATT ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT 08-1163 CIVIL State Commonwealth of Pennsylvania OOriginal Order/Notice CO./City/Dist. Of CUMBERLAND OAmended Order/Notice Date of Order/Notice 03/01/10 0 Terminate Order/Notice Case Number (See Addendum for case summary) OOne-Time Lump Sum/Notice RE:GARMAN, TERRY A. Employer/withholder's Federal EIN Number Employee/Obligor's Name (Last, First, MI) 172-52-3626 Employee/Obligor's Social Security Number MIDDLESEX TOWNSHIP 7493102236 350 N MIDDLESEX RD Employee/Obligor's Case Identifier CARLISLE PA 17013-8422 (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 0.00 per month in current child support $ o. oo per month in past-due child support Arrears 12 weeks or greater? Dyes Ono $ 0.00 per month in current medical support N $ 0.00 per month in past-due medical support ° $ 387.00 per month in current spousal support Ica $ 63.00 per month in past-due spousal support $ o . oo per month for genetic test costs $ 0.00 per month in other (specify) N $ one-time lump sum payment , -p for a total of $ 450.00 per month to be forwarded to payee below. w ...? to You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle doealot n ch the ordered support payment cycle, use the following to determine how much to withhold: $ 103.85 per weekly pay period. $ 225.00 per semimonthly pay period - (twice a month) $____207.69_ per biweekly pay period (every two weeks) $ 450.00 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). Pennsylvania law (23 PA C.S. § 4374(b)) requires remittance by an electronic payment method if an employer is ordered to withhold income from more than one employee and employs 15 or more persons, or if an employer has a history of two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, 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. /2,0 0l t e_ '60-so Ac:p BY THE COURT: Albert H. Masland, Judge DRO: R.J. Shadday Form EN-028 Rev-5 Service Type M OMB No.: 0970-0154 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? If 4heckeo you are required to provide aSopy of this form to your?mployee. If yoyr employee works in a state that is di erent trom the state that issued this or er, 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. 2360052540 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : ED THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 0 EMPLOYEE'S/OBLIGOR'S NAME:GARMAN, TERRY A. EMPLOYEE'S CASE IDENTIFIER: 7493102236 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 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 (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 If you or your employee/obligor have any questions, 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 Form EN-028 Rev.5 Service Type M OMB No.: 0970-0154 Worker I D $ IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: GARMAN, TERRY A. PACSES Case Number 626111443 PACSES Case Number Plaintiff Name Plaintiff Name SHARON L. GARMAN Docket Attachment Amount Docket Attachment Amount 08-1163 CIVIL$ 450.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB 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 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 Form EN-028 Rev.5 Service Type M OMB No, 0970-0154 Worker I D $ IATT s 1 ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT l7~ " ~ (~3 C I V I State Commonwealth of Pennsylvania OOriginal Order/Notice Co./City/Dist. Of CUMBERLAND OAmended Order/Notice Date of Order/Notice 06/28/10 QTerminate Order/Notice Case Number (See Addendum for case summary) OOne-Time Lump Sum/Notice RE:GARMAN, TERRY A. Employer/Withholder's Federal EIN Number Employee/Obligor's Name (Last, First, MI) 172-52-3626 Employee/Obligor's Social Security Number MIDDLESEX TOWNSHIP 7493102236 350 N MIDDLESEX RD Employee/Obligor's Caseldentifier CARLISLE PA 17013-8422 (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, Mq 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. oo per month in past-due child support Arrears 12 weeks or greater Qyes ®no $ o. oo per month in current medical support r„ $ o . oo per month in past-due medical support ~n-__- $ 387. oo per month in current spousal support ~i~- cW . sT $ o . oo per month in past-due spousal support `_~ `' ,~ {~~;-- $ a . oo per month for genetic test costs ~-- - - ~'T' r ;`7 $ o. oo per month in other (specify) $ one-time lump sum payment =~> t ~=~ -- 'r,= ~_ for a total of $ 387.00 per month to be forwarded to payee below. ~ rv =,:a ~..d ~ t~ You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does4~t ma`ich the ordered support payment cycle, use the following to determine how much to withhold: $ ~a . ~ L per weekly pay period. $ 193 . so per semimonthly pay period (twice a month) $ i ~ ~ • ~~ per biweekly pay period (every two weeks) $ 3a7. 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). Pennsylvania law (23 PA C.S. § 4374(b)) requires remittance by an electronic payment method if an employer is ordered to withhold income from more than one employee and employs 15 or more persons, or if an employer has a history of two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 /N ADD/T/ON, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER /N ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: Ik l ber 1- H . IUas and ~~: ~ . ,~ . S~Gdt~l~y Form fLN-028 v.5 Service Type M 7 OMBNO.:09700154 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ~ If ~hecke~l you are required, to pr~vide a~opy of this form to your~mployee. If your employee orks in a state thatkis di Brent rom the state that issue this o er, a copy must be provi to your employee even if tie box is not chec ed. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employeeJobligor'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%bligoranct you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee%bligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 2360052540 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : ~ THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: ~ EMPLOYEE'S/OBLIGOR'S NAME:GARMAN, TERRY A. EMPLOYEE'S CASE IDENTIFIER: 7493102236 LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: DATE OF SEPARATION: 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 employee%bligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee%bligorfrorn employment, refusing to employ, or taking disciplinary action against any employee%bligor 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. 1 1 . Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION If you or your employee/obligor have any questions, 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 Form EN-028 Rev.5 Service Type M OMBNO.:0970-0154 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: GARMAN, TERRY A. PACSES Case Number 626111443 Plaintiff Name SHARON L. GARMAN Docket Attachment Amount 08-1163 CIVIL$ 387.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): DOB Addendum Form EN-028 Rev.5 Service Type M OMBNo.:0970-0154 Worker ID $IATT FILD-O~FiI~ TAE P~?~~3~i~~d~'i~,~''' ~QfO OCT 21 ,~~ f(~: ~ ~ SHARON L.Clllil,~~~s~ ~~~~~~.,,;, Pi~~tffi Y(..~~~ ~~~ ~ E IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. TERRY A. GARMAN, Defendant NO. 08-1163 Civil Term CIVIL ACTION -DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on February 22, 20 D8. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a Final Decree in Divorce after service of notice of intention to request entry of the decree. 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: (6 ~ ~ ~-~,d i ~ ~ ~. Sharon L. Garman, Plaintiff WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsifications to authorities. Date: l U- 1 5° ~;v 1 J ~Oyt,d-~ Sharon L. Garman, Plaintiff ~~ ~'t~E~P ~ ~~. ~Ti~ '~ f~ E Z,~IO aCT 21 AM 10~ 2~ SHARON L. CARMAN, `"~~~~~~~~~ N THE COURT OF COMMON PLEAS Plaintiff PE~P~SY~.t~'~~ RLAND COUNTY, PENNSYLVANIA v, NO. 08-1163 Civil Term TERRY A. CARMAN, . Defendant :CIVIL ACTION -DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on February 22, 200$. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a Final Decree in Divorce after service of notice of intention to request entry of the decree. 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:~c / -Zvi Terry A. an, Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsifications to authorities. Date: ~o -~s - 2vi.+ Terry .Garman, Defendant SHARON L. GARMAN, Petitioner/Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-1163 CIVIL TERM ? C w TERRY A. GARMAN, zm .C -O Respondent/Defendant CIVIL ACTION - DIVORCE rn z ? r , Q PETITION FOR SPECIAL RELIEF r'..) am --? AND NOW, this day of , 2010 comes die > ftin `f, Sharon Garman, by and through her attorney, Timothy J. Colgan, Esquire, of Colgan Marzzacco, LLC, and files the instant Petition to for Special Relief, of which the following is a statement: 1. The parties to the above-captioned matter are husband and wife having been married on May 17, 1996. 2. A divorce action was filed on February 22, 2008 at the above term and number. 3. The parties appeared before the Divorce Master for a hearing on October 15, 2010 and reached an agreement on all outstanding claims prior to the beginning of the hearing. 4. The terms of the Agreement were placed on the record before the Divorce Master. A copy of the preliminary transcript from that proceeding is attached hereto as Exhibit "A". 5. As stated on the record, undersigned counsel was to prepare a formal Marital Settlement Agreement for signature by the parties. 6. Undersigned counsel prepared that Agreement and forwarded it to counsel for the Defendant on November 1, 2010. No response was received from counsel for the Defendant. 7. On November 5, 2010, counsel for Plaintiff inquired of counsel for the Defendant if the Agreement was acceptable. No response was received from counsel for the Defendant. 8. On November 12, 2010, undersigned counsel again contacted counsel for the Defendant to inquire if the Agreement was acceptable. In that correspondence, undersigned counsel indicated that if no reply was received by November 16, 2010 a Petition for Special Relief would be filed with the Court. 9. Counsel for the Defendant has yet to respond to any of the inquiries from undersigned counsel. Furthermore, counsel for the Defendant has not responded in any way with respect to the proposed Marital Settlement Agreement which was forwarded for his review on November 1, 2010 10. Pursuant to the terms placed on the record before the Divorce Master, the Defendant's requirements to perform under the terms of the Marital Settlement Agreement, in particular his duty to refinance the marital residence and provide Plaintiff with her share of the equity therefrom, is not triggered until the Marital Settlement Agreement is signed. It. It is believed, and therefore averred that counsel for Defendant or Defendant himself are intentionally failing and refusing to execute the Marital Settlement Agreement so as to delay the obligation to pay Plaintiff her share of the equitable distribution in this case. 12. Plaintiff has identified a residential property which she wishes to purchase but for which she needs her share of the equitable distribution in order to do so. 13. The Defendant's failure to sign the Marital Settlement Agreement is materially prejudicing the Plaintiff and is causing her direct financial harm. 14. Undersigned counsel attempted to seek Attorney Wagner's concurrence before filing this Motion, but no response was received. 15. This matter has not been previously assigned to a judge. WHEREFORE, Plaintiff respectfully requests this Honorable Court to: a. Order the Defendant to immediately sign the Marital Settlement Agreement; b. Pay Plaintiff's actual counsel fees, costs and expenses related to the preparation, filing and litigation of the within Motion; and c. Grant such other relief as this Court deems appropriate and just. Respectfully submitted, COLGAN MARZZACCO LLC By: Timothy J. an, quire Attorney ID # 77944 130 West Church Street Suite 100 Dillsburg, PA 17019 Phone: (717) 502-5000 Fax: (717) 502-5050 Dated: SHARON L. GARMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 08 - 1163 CIVIL TERRY A. GARMAN, Defendant IN DIVORCE THE MASTER: Today is Friday, October 15, 2010. This is the date set for a hearing in the above-captioned divorce proceedings. Present in the hearing room are the Plaintiff's counsel, Timothy J. Colgan, and the Defendant's counsel, P. Richard Wagner. Also present in the Divorce Master's Office are the parties, Sharon L. Garman, the Plaintiff, and Terry A. Garman, the Defendant. This action was commenced by the filing of a complaint in divorce on February 22, 2008. Grounds raised in the complaint were irretrievable breakdown of the marriage. No economic claims were raised in the complaint. On August 14, 2009, the Plaintiff, wife, filed a petition for related claims, namely, equitable distribution, alimony, alimony pendente lite, and counsel fees and expenses. With respect to the grounds for divorce the Master has been provided affidavits of consent and waivers of notice of intention to request entry of divorce decree signed by both parties and dated October 15, 2010. The affidavits and waivers will be filed by Master's office with the Prothonotary. Counsel have worked extensively today on trying to resolve the economic claims in this case. Although they are not prepared to put a specific statement of agreement on the record dealing with all of the values of assets, they do have a general understanding as to how this case is going to resolve itself. Counsel will state that general understanding on the record, prepare an agreement to present to their clients based on the understanding we are going to put on the record today, and then ask their clients to sign the agreement affirming the terms of settlement that they have agreed to. The Master will vacated his appointment upon receipt from counsel of two signed copies of the agreement. Mr. Wagner. MR. WAGNER: Thank you. The parties are not present when the parameters of this agreement are put on the record but it is intended that each of the two counsel in the hearing room have expressed authority on behalf of their clients to agree to the following: 1. The wife shall receive from the total amount of the various accounts between the parties the sum of $97,000.00. The accounts and logistics for assigning those accounts will be agreed to by and between the parties. To the extent that there is any costs involved in terms of assigning those accounts, then the costs shall be shared equally between the parties. 2. In addition to the aforementioned receipt by wife of $97,000.00 from the various accounts that the parties have, the husband also agrees to pay wife the sum of $135,000.00. Husband shall make reasonable efforts to apply for said mortgage within twenty (20) days from the date the agreement is signed. Requests from wife's attorney as to status of those applications or copies thereof shall be provided by husband upon request from wife's counsel. Wife shall execute a deed which shall be held in escrow by wife's counsel evidencing transfer of the property at 531 Union Hall Road onto husband in order to facilitate husband's mortgaging of the property to pay her the aforementioned $135,000.00. 3. Husband shall pay to wife for a period of 36 months on a monthly basis an amount of money equivalent to the costs for maintaining wife on husband's health insurance program through COBRA. It is anticipated that the amount of money will be the equivalent of the COBRA cost to be determined within thirty (30) days of the date of the divorce and shall continue for 36 months thereafter and be fixed and payable as alimony to wife. It is agreed that that payment shall not be subject to any provisions under the alimony provisions in the Divorce Code as it relates to ineligibility except for death of either party. It is anticipated that the aforementioned COBRA equivalent payment in the form of alimony shall be paid through the Domestic Relations Office and the Court of Common Pleas of Cumberland County by way of a wage attachment. It is acknowledge by the parties that upon the entry of a divorce decree that the current alimony pendente lite payment shall cease and that the aforementioned COBRA payment in the form of alimony shall commence immediately thereafter. 4. Wife withdraws her claim for counsel fees on the basis that the understanding as stated on the record will be concluded with an agreement between the parties within the next thirty (30) [dazeldays]. 5. This agreement, once signed by the parties, shall constitute the entire agreement of the parties and it is further stipulated that the parties have through discovery and are aware of all assets and that the parties have disclosed to each other all assets and liabilities in the divorce and this is intended to be a full and fair and final settlement under the provisions of the no-fault divorce act. In the event that the agreement, after being reduced to writing, and the agreement being consistent with the terms herein, is not signed by either party, it is acknowledged that either party reserves the right to reapply for the appointment of the Master and have the matter decided through that process. cc: Timothy J. Colgan Attorney for Plaintiff P. Richard Wagner Attorney for Defendant SHARON L. GARMAN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-1163 CIVIL TERM TERRY A. GARMAN, Defendant CIVIL ACTION -DIVORCE CERTIFICATE OF SERVICE I, Timothy J. Colgan, Esquire, hereby certify that I have served a true and correct copy of the foregoing document by first class mail, postage pre-paid as follows: P. Richard Wagner, Esquire Mancke, Wagner & Spreha 2233 North Front Street Harrisburg, PA 17110 Respectfully submitted, COLGAN MARZZACCO LLC By: Timothy JJCdl ai Esgie Attorney ID # 77944 130 West Church Street Suite 100 Dillsburg, PA 17019 Phone: (717) 502-5000 Fax: (717) 502-5050 y,ty Dated(-Z NOV 3 0 2010 SHARON L. GARMAN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-1163 CIVIL TERM TERRY A. GARMAN, Defendant CIVIL ACTION - DIVORCE RULE TO SHOW CAUSE AND NOW, this ?ay of 1416Ve. "4'e- , 2010, a Rule is hereby issued upon Respondent, Terry A. Garman, to show cause why the attached Petition for Special Relief should not be granted. RULE RETURNABLE 14K DAYS FROM SERVICE. BY THE COURT: -Za24e??r - " Distribution: iy J. Colgan, Esquire, 130 West Church Street, Suite 100, Dillsburg, PA ? 17019 5 . Richard Wagner, Esquire, 2233 North Front Street, Harrisburg, PA 17110 r ' ? l -) ,,, c Yt l 1?S ? C'J C "3 -fi ni "C lfJ :U OF THFE PROTHONOTARY 2010 DEC -7 AM 11: 12 SHARON L. GARMAPbUMBERLAND CO: IN THE COURT OF COMMON PLEAS Plaintiff PENNS?,?yAN' NUCMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-1163 CIVIL TERM TERRY A. GARMAN, Defendant CIVIL ACTION -DIVORCE CERTIFICATE OF SERVICE I, Timothy J. Colgan, Esquire, hereby certify that on December 3, 2010 I served a copy of the Rule to Show Cause issued by the Honorable Albert H. Masland dated November 30, 2010 upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, first- class, postage prepaid, as follows: P. Richard Wagner, Esquire 2233 North Front Street Harrisburg, PA 17110 By: Timothy J. of wire Attorney ID #77944 130 West Church Street Suite 100 Dillsburg, PA 17019 Tel: (717) 502-5000 Fax: (717) 502-5050 P. Richard Wagner, Esquire Attorney ID No. 23103 Mancke, Wagner & Spreha 2233 North Front Street Harrisburg, PA 17110 Telephone (717) 234-7051 Fax (717) 234-7080 Attorney for Defendant tlr~ TFILED Q ??IC,E U 10 07C 20 PM 12: SHARON L. GARMAN, Plaintiff V. TERRY A. GARMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-1163 CIVIL TERM : CIVIL ACTION - DIVORCE ANSWER TO PETITION FOR SPECIAL RELIEF WITH NEW MATTER AND NOW, comes the Defendant, Terry A. Garman, by and through his attorneys, Mancke, Wagner & Spreha, and files the following Answer To Petition For Special Relief With New Matter as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Denied. It is denied that there was no response from counsel for the Defendant as not admitted. 10. Admitted. 11. Denied. It is denied that counsel for Defendant or the Defendant intentionally failed and refused to execute the Marital Settlement Agreement as to delay the obligation. 12. Denied. Defendant is without information concerning this particular averment, therefore, the same is denied and strict proof is demanded at the time of trial. 13. Denied. It is denied that the failure to sign a Marital Settlement Agreement is materially prejudicing the Plaintiff. 14. Denied. There was no request made of Attorney Wagner for concurrence before filing this Motion. 15. Admitted. WHEREFORE, Defendant requests the Court to dismiss the Petition. NEW MATTER 16. Paragraphs 1 through 15 are incorporated herein by reference. 17. Defendant herein executed the Marital Settlement Agreement and forwarded the same to counsel for the Plaintiff, dated December 9, 2010. As of the filing of this Answer, December 20, 2010, counsel for the Plaintiff has yet to provide a signed copy to the Defendant evidencing that the Plaintiff has signed the Agreement. 18. Any delay that is claimed by the Plaintiff to constitute prejudice is the responsibility of the Plaintiff and/or Plaintiffs counsel because the Plaintiff never provided a signed copy of the Marital Settlement Agreement as signed by the Plaintiff. 19. Any counsel fees incurred by Defendant's counsel should be paid by Plaintiff's counsel since no Agreement was provided to Defendant's counsel that was signed by the Plaintiff. WHEREFORE, Defendant requests the Court to grant his request for counsel fees for this frivolous Petition. submitted, Z-P/Richar4,VVe1Jner, Esquire AttomEs"I. D.#23103 2233 North Front Street Harrisburg, PA 17110 (717) 234-7051 Dated: December 20, 2010 Attorney for Defendant -3- 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.A. §4904, relating to unsworn falsification to authorities. Date: 2 0 `'?? X ?.1/e1/2P_".0 09:20 717-5027FO50 COLGAN MARZZACCO_i_LC PAGE 02/12 SHARON L. GARMAN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVAN.[A V. NO. 08-1163 CIVIL TERM TERRY A. GARMAN, Defendant CIVIL ACTION -DIVORCE MARITAL SETTLEMENT AGREEMENT THIS MARITAL SETTLEMENT AGREEMENT, made this day of 2010, by and between SHARON L. GARMAN, (WIFE) and TERRY A. GARMAN, (HUSBAND): WTTNESSETH: WHEREAS, the parties were married on May 1 7,1996, in Mt. Holly Springs, Pennsylvania; and WHEREAS, the parties separated on January 1, 2008; and WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of HUSBAND and WIFE to live separate and apart, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification., the settling of al l matters between them in relation to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of WIFE by HUSBAND or of. HUSBAND by WIFE; and in general, the settling of any and all claims and possible claims by either party against the estate of the other party. NOW, THEREFORE, in. consideration of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound hereby covenant and agree as follows: EXHIBIT A -1 •11/01/2010 09:20 717-502-8950 COLGAN MARZZACCO,-'LC PAGE 03/12 T- INTERFERENCE: Each party shall be free from interference, authority, and contact by the other, as fully as though he or sbe were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor, to molest the other, nor compel the other to cohabitate with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 2. AGREEMENT NOT A BAR TO DIVORCE PROC,E+ EDJ[NGS: This Agreement shall not affect or bar the right of HUSBAND or WIFE to a divorce on lawful. grounds or to any defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the ether party which have occasioned the disputes or unhappy differences. 3. SUBSEQUENT DIVORCE: The parties hereby acknowledge that WIFE filed a Complaint in Divorce in Cumberland County, Pennsylvania, claiming that the marriage is irretrievably broken under Section 3301(c) of the Pennsylvania Divorce Code. The parties hereby express their agreement that the marriage is irretrievably broken and express their intent to execute any and all Affidavits or other docurnents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Pennsylvania Divorce. The parties hereby waive all rights to request court ordered counseling under the Divorce Code. It is further specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution. of property of the parties are accepted by each party as a full and final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. Should a decree, judgment or order of divorce be obtained by either of the parties in this or any other state, country or jttrisdicti.on, each of the parties hereby consents and agrees that this Agreement and all. of its covenants shall not be affected in any way by such separation or divorce; nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement. It is the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 11/01/2010 09:20 717-502 Fq50 COLGAN MARZZACC? 'LC PAGE 04112 4. INCORPORATION OF DIVORCE DECREE: It is further agreed, covenanted and stipulated that this Agreement, or the essential- parts hereof, shall be incorporated in any decree hereinafter entered by any court of competent jurisdiction in any divorce proceedings that have been or may be instituted by the parties for the purpose of enforcing the contractual obligations of the parties. This agreement shall not be merged in any such decree but shall in all respects survive the same and be forever binding and conclusive upon the parties. EFFECTIVE DATE: The effective date of this Agreement shall be the "date of execution" or "execution date," defined as the date upon which it is executed by the parties if they have each executed this Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 6. DISTRIBUTION DATES.- The transfer of property, funds and/or documents provided for herein, shall only take place on the "distribution" date, which shall be defined as the effective date of this Agreement, unless otherwise provided forherein, including any spousal support and/or alimony payments. 7. MUTUAL RELEASE: HUSBAND and WIFE each do hereby mutually remise, release, quit-claim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situated, which he or she now has or at any time hereafter may have against the other, the estate of such other or any part hereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or courtesy, or claims in the nature of dower or courtesy or widow's or widower's rights, family exemption or similar al lowance, 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 a testamentary, oral I. other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the Unitcd States, or (c) any 11/01/2010 09:20 717-50?-950 COLGAN MARZZACCQ'i-C PAGE 05/12 country or any rights which either party may have or at anytime hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, division of property, costs or expenses, whether arising as a result of the marital relations or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof, It is the intention of HUSBAND and WIFE to give each other by the execution of this Agreement a full, complete and. general release with respect to any and all property of any kind or. nature, real, personal or mixed, which the other now owns or may hereafler acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any otber jurisdiction. 8. REPRESENTATION BY COUNSEL: The provisions of this Agreement and their legal effect have been fully explained to HUSBAND AND WIFE by their respective counsel, Timothy I Colgan, Esquire, counsel for WIFE and P. Richard Wagner, Esquire, counsel for HUSBAND. Each party acknowledges that they have received independent legal advice from counsel of his or her own selection, that each has fiilly disclosed his or her respective financial situations to the other, including his or her property, estate, assets, liabilities, income and expenses, that each is familiar with and fully understands the facts, including the property, estate, assets, earnings and income of the other, and that each has been fully informed as to his or her legal rights and obligations, Each of the parties acknowledges and agrees that, after having received such advice and with such knowledge, this agreement is, in the circumstances, fair reasonable and equitable, that it is being entered into freely, voluntarily, and in good faith and that the execution of this agreement is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal agreement. Each party further acknowledge that they have each made to the other a full and 11/01/2010 09:20 717-502' `50 COLGAN MARZZACC?' '_C PAGE 06/12 complete disclosure of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purposes of this agreement. 9. WARRANTY-AS-TO EXISTING OBLIGATIONS. Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 1.0. WARRANTY AS TO FUTURE OBLIGATIONS: HUSBAND and WIFE covenant, warraut, represent and agree that, with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold harmless the other party from and against any and all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 11. DIVISION OF MARITAL RESIDENCE: TIUSBAND shall retain. as his sole and separate property the former marital residence located at 531 Union Hall Road, Carlisle, Pennsylvania. WIFE shall sign a deed conveying all right, title and interest she may have in the property to HUSBAND. WIFE shall hold said deed in escrow pending the receipt of the cash payment due her pursuant to Paragraph 12 herein.. HUSBAND shat I be responsible for all expenses associated with the property and shall indemnify and hold WIFE harmless as to same. 12. CASH PAYMENT: HUSBAND shall make a one-time payment to WIFE in the amount of $135,000.00 within sixty (60) days of the execution of this Agreement. Within twenty (20) days of the execution of this Agreement, HUSBAND shall mare application for mortgage financing on the former marital residence so as to secure the funds due WIFE pursuant to this paragraph. HUSBAND shall provide proof of his financing efforts to counsel for WIFE upon request. 13. PENSIONS/RE'I'MMENT ACCOUNTS: HUSBAND is a participant in the 11/01/2010 09:20 717-502x`-50 COLGAN MARZZACCf 't_C PAGE 07/12 Pennsylvania Municipal Retirement System (PMRS). HUSBAND shall retain his FMRS retirement benefits as his sole and separate property. WIFE waives all right, title and interest in and to said accounts. 14. PERSONAL PROPERTY: The parties have divided between them, to their mutual satisfaction., all personal effects, household furniture and furnishings, and all other articles of personal property which have heretofore been used by them in common, and neither party will make any claim to any such items which are now in the possession or under the control of the other. 15. BANK AND INVESTMENT ACCOUNTS: HUSBAND and WIFE have owned various accounts during their marriage in both their individual and joint names. The following is a list of said accounts: Soy=i 1897 $44,400.27 Sovereign 7685 $3,005.17 Sovereign 9946 $14,607.20 Hartford 2220 $29,806.00 Hartford 2469 $6,373.00 Sun Life 7396-01 $13,302.02 All State Insurance 9626 $6,021.00 Frota the aforementioned accounts, WIFE sball receive the sum of $97,000.00. WIFE, shall receive said sums first from accounts that can be transferred without tax consequence. To the extent that any of the accounts listed above are in the form of annuities, insurance contracts or are otherwise not immediately available as lump sum, cash accounts or not immediately available without the payment of a penalty, surrender charge, termination fee or any other charge or fee which would diminish. the value of said account, those accounts shall be transferred to WTFE only after all other accounts listed above that do not have such fees or costs associated with them have been transferred to WIFE to generate the $97,000.00 due to her. After WIFE receives the $97,000.00 due to her, it is acknowledged that they the parties will have divided the accounts to their mutual satisfaction and agree that each shall become sole owner of their respective accounts and they each hereby waive any interest in, or claim. to, any funds held by 11101/2010 09:20 717-502'"50 CCLGAN MARZZACC?•''_C PAGE 08/12 the other in any accounts, 16. MOTOR VF ICLES: WIFE shall retain sole and. exclusive possession of the 2003 Honda Accord. WIFE is responsible for the vehicle distributed to her. including thepayment of any lien, insurance, registration and maintenance and WIFE agrees to indemnify and hold 14USBAND harmless for failure to make payments thereon. Further, HUSBAND agrees to execute any and all documentation to give effect to this paragraph within ten (10) days of a request of WIFE. HUSBAND shall retain sole and exclusive possession ofthe 2008 Nissan Versa and the 1997 31 Oc John Deere Baekhoe, HUSBAND is responsible for the vehicles distributed to him, including the payment of any lien, insurance, registration and maintenance and HUSBAND agrees to indemnify and hold WIFE harmless for failure to make payments thereon. Further, WIFE agrees to execute any and all documentation to give effect to this paragraph within ten (10) days ofa request of HUSBAND. 17. ALIMONY: HUSBAND shall pay to WIFF, as Alimony an amount equal to the monthly cost to maintain WIFE on HUSBAND's health insurance through COBRA. Said payments shall commence the month immediately following the entry ofthe final Decree in Divorce and shall continue for 36 consecutive months thereafter. With the exception of the death of either party, it is agreed that the Alimony payment shall not be modifiable for any of the reasons set forth in the Pennsylvania Divorce Code at 23 Pa. C.S. §3701, et seq. The aforementioned payments shall be made via wage attachment administered by the Domestic Relations Section of the Court of Common Pleas of Cumberland County. Upon the entry of the final Decree in Divorce, the current order for Alimony Peudente Lite shall cease and the alimony payment shall commence immediately thereafter. 18, AFTER:4COUIRED FROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they'real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes as though he or she were unmarried. ? 11/01/2010 09:20 717-502(-'50 CCLGAN MARZZACCQ, `'_C PAGE 09112 19. INCOME TAX: The parties have heretofore fled joint Federal, State and/or local income tax returns. Both parties agree that in the event any deficiency in,,1"ederal, State or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and 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. 20. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS: The parties hereby agree and express th eir intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act"), specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses. The parties agree to sign and cause to be filed any elections or other documents rcquired by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfer and subject to the carry-over basis provisions of said Act. 21. EFFECT OF DIVORCE DECREE: The parties agree that, except as otherwise specifically provided herein, this Agreement shall continue in full force and cffect after such time as a final Decree in Divorce may be entered with respect to the parties. 22. BREACH: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election to sue for damages for such breach or seek such other remedies or relief as may be available to hire or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 23. WAIVER OF CLAIMS: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she shall now have or hereafter acquire, under the present and fixture laws of any 11/01/2010 09:20 717-502050 CCLGAN MARZZACCF 'l_C PAGE 10/12 jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, :including without limitation, dower, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and the right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of such interests, rights and claims. 24. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 25. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding on and shall inure to the benefits of the parties hereto and their respective heirs, executor. s, administrators, successors and assigns. 26. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 27. VOID CLAUSES: Tf any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term., condition. clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and comi,.nue in full force, effect and operation. 28. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be separate and independent Agreement. 29. FINANCIAL DISCLOSURE: The parties confirm that they have relied on the completeness and substantial accuracy of the financial disclosure ofthe other as an inducementto the execution of this Agreement. The parties acknowledge that there bas been no formal discovery conducted in their pending divorce action and that neither party, has filed an inventory and appraisement as required by Section 3505(b) of the Pennsylvania Divorce Code. Notwithstanding 11/01/2010 09:20 717-502- q50 COLGAN MARZZACCf I.LC PAGE 11/12 the foregoing, the rights of either party to pursue a claim for equitable distribution., pursuant to the Pennsylvania Divorce Code, of any interest owned by the other party in an asset of any mature at any time prior to the date of execution of this Agreement that was riot disclosed to the other party or his or her counsel prior to the date of the within Agreement is expressly reserved. In the event that either party. at any time hereafter, discovers such an undisclosed asset, the party shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of said asset. The non-disclosing party shall be responsible for payment of counsel fees, costs or expenses incurred by the other party in seeking equitable distribution of, said asset. Notwithstanding the foregoing this Agreement shall in all other respects remain in full force and effect. 30. MODIFICATION AND WAIVER: ,A, modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent defaults ofthe same or similar nature. 31. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no affect whatsoever in determining the nights or obligations of the parties. 32. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of, 1980 and any amendments thereto. IN WITNESS WHEREOF. the parties hereto have set their hands and seals the date and year first above written. WITNESS: Wiitne *tin SHARON L, GARMAN TF' A. GARMAN COMMONWEALTH OF PENNSYLVANIA: . SS. COUNTY OF ON THIS, the day of , 2010, before me, the undersigned officer, personally appeared SHARON L. GARMAN, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marital Settlement Agreement, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Notary Public My Commission Expires: COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF R?+-J ON THIS, the %4= day of C"XAC -9 2010, before me, the undersigned officer, personally appeared TERRY A. GARMAN, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marital Settlement Agreement, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. tJ ?X-<= j /'vrc '2 Notary Public My Commission Expires: COMMONWEAL; I. OF' PENNSYLVANIA N=niail Swat Debra K. Spinner, Notary Public City Of Harrisi L;N-. Dauphin County My Comrnis?;io Expires Sept. 3, 2011 Member, Pennsylvania Assodmion of Notaries CERTIFICATE OF SERVICE I, Danette L. Oakes, secretary in the law firm of Mancke, Wagner & Spreha, do hereby certify that I am this day serving a copy of the foregoing document to the following persons and in the manner indicated below, which service satisfies the requirements of Pennsylvania Rules of Appellate Procedure, by depositing the same in the United States Mail, Harrisburg, Pennsylvania, with first class postage, prepaid, and addressed as follows: Timothy J. Colgan, Esq. 130 West Church Street Suite 100 Dillsburg, PA 17019 By AkIW , lh? Dane a L. a s, Secretary Mancke, Wagner & Spreha 2233 North Front Street Harrisburg, PA 17110 P. Richard Wagner, Esquire Attorney for Defendant Date: December 20, 2010 0 SHARON L. GARMAN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-1163 CIVIL TERM TERRY A. GARMAN, C--) a Defendant CIVIL ACTION - DIVORCE -, = ? ca rya c.__ =-n rn AFFIDAVIT OF CONSENT cam? 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed c"bniaiy o-n 2?j- 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninet% (90) dad have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a Final Decree in Divorce after service of notice of intention to request entry of the decree. 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 unworn falsification to authorities. Date: i 1 D - Sharon L. Garman, Plaintiff WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unworn falsifications to authorities. Date: Sharon L. Garman, Plaintiff `17101/2010 09:20 717-502-5050 COLGAN MARZZACCO LLC PAGE 02112 O SHARON L. GARMAN, Plaintiff V. TERRY A. GARMAN, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-1163 CIVIL TERM C o 3 r?c7 CIVIL ACTION - DIVORCE :.J MARITAL-SETTLEMENT AGREEMENT THIS MARITAL SETTLEMENT AGREEMENT, made this 0tk day of =?- -< o 2014, by and between. SHARON L. GARMAN, (WIFE) and TERRY A. -TAWIOM GARMAN, (I-IUSBAND): WTTNESSETH: WHEREAS, the parties were married on May 17,1996, in Mt. Holly Springs, Pennsylvania; and WHEREAS, the parties separated on January 1, 2008; and WHEREAS, diverse, unhappy differences, di sputes and difficulties have arisen between the parties and it is the intention of HUSBAND and WIFE to live separate and apart, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification, the settling of all matters between them in relation to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of WIFF, by HUSBAND or of HUSBAND by WIFE; and in general, the settling of any and all claims and possible claims by either party against the estate of the other party. NOW, THEREFORE, in. consideration ofthe mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and W11TE, each intending to be legally bound hereby covenant and agree as follows: C) M - .? r rn 00 0 -n x? :1f/01/2010 09:20 717-502-5050 COLGAN MARZZACCO LLC PAGE 03112 1. _ INTERVERENCE: Each party shall be free from interference, authority, and contact by the other, as fully as though he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabi,tate with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 2. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not affect or bar the right of HIJS13AND or WIFE to a divorce on lawful. grounds or to any defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences. 3. BSE DENT DIVORCE: The parties hereby acknowledge that WIFE filed a Complaint in Divorce in Cumberland County, Pennsylvania, claiming that the marriage is irretrievably broken under Section 3301 (c) of the Pennsylvania Divorce Code. The parties hereby express their agreement that the marriage is irretrievably broken and express their intent to execute any and all Affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Pennsylvania Divorce. The parties hereby waive all rights to request court ordered counseling under the Divorce Code. It is further specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property of the parties are accepted by each party as a full and final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. Should a decree, judgment or order of divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all, of its covenants shall not be affected in any way by such separation or divorce; nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement. It is the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 11%0,1/2010 09:20 717-502-5050 COLGAN MARZZACCO LLC PAGE 04/12 4. INCORPQRATION OF DIVORCE DECREE: It is further agreed, covenanted and stipulated that this Agreement, or the essential parts hereof, shall be incorporated in any decree hereinafter entered by any court of competent jurisdiction in any divorce proceedings that have been or may be instituted by the parties for the purpose of enforcing the contractual obligations of the parties. This agreement shall not be merged in any such decree but shall in all respects survive the same and be forever binding and conclusive upon the parties. 5. EFFECTIVE DA'Z'E: The effective date of this Agreement shall be the "date of execution" or "execution date," defined as the date upon which it is executed by the parties if they have each executed this Agreement on the same date. Othet wise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 6. DISTRIBUTION_ DATE: The transfer of property, funds and/or docurn.ents provided for herein, shall only take place on, the "distribution" date, which shall be defined as the effective date of this Agreement, unless otherwise provided for herein, including any spousal support and/or alimony payments_ 7. MUTUAL RELEASE: HUSBAND and WIFE each do hereby mutually remise, release, quit-claim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and frorn. any and all rights, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situated, which he or she now has or at any time hereafter may have against the other, the estate of such other or any part hereof, whether arising out of any former act%, contracts, engagements or liabilities of such other or by way of dower or courtesy, or claims in the nature of dower or courtesy or widow's or widower'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 a testamentary, or all. other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pcnr.sylvania, (b) any State, Commonwealth or territory of the United States, or (c) any ;11/01/2010 09:20 717-502-5050 COLGAN MARZZACCO LLC PAGE 05/12 country or any rights which either party may have or at anytime hereafter shall have for past. present or future support or maintenance, alimony, alimony pendente cite, counsel fees, division of property, costs or expenses, whether arising as a result of the marital relations or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof It is the intention of HUSBAND and WIFE. to give each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or. nature, real., personal or mixed, which the other .now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 8. REPRESENTATION BY COUNSEL: The provisions of this Agreement and their legal effect have been fully explained to HUSBAND AND WIFE by their respective counsel, Timothy J. Colgan, Esquire, counsel for WIFE, and P. Richard Wagner, Esquire, counsel for HUSBAND. Each party acknowledges that they have received independent legal advice from counsel of his or her own selection, that each has fully disclosed his or her respective financial situations to the other, including his or her property, estate, assets, liabilities, income and expenses, that each is familiar with and fully understands the facts, including the property, estate, assets, earnings and income of the other, and that each has been fully informed as to his or her legal rights and obligations, Each of the parties acknowledges and agrees that, after having received such advice and with such knowledge, this agreement is, in the circumstances, fair, reasonable and equitable, that it is being entered into freely, voluntarily, and in good faith and that the execution of this agreement is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal agreement. Each party further acknowledge that they have each m,adc to the other a full and ;1110112010 09:20 717-502-5050 COLGAN MARZZACCO LLC PAGE 06/12 complete disclosure oftheir respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purposes of this agreement. 9. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation-for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 10. WARRANTY AS TO FUTURE OBLIGATIONS: HUSBAND and WIFE covenant, warrant, represent and agree that, with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other maybe liable. Each party shall indemnify and hold harmless the other party from and against any and all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 11. DIVISION OF MARJTAL RESIDENCE: HUSBAND shall retain as his sole and separate property the former marital residence located at 531. Union Hall Road, Carlisle, Pennsylvania. WIFE shall sign a deed conveying all right, title and interest she may have in the property to HUSBAND. WIFE shall hold said deed in escrow pending the receipt of the cash payment due her pursuant to Paragraph 12 herein. HUSBAND shall be responsible for all expenses associated with the property and shall indemnify and hold WIFE harmless as to same. 12. CASH PAYMENT: HUSBAND shall make a one-time payment to WIFE in the amount of $135,000.00 within sixty (60) days of the execution of this Agreement. Within twenty (20) days of the execution of this Agreement, HUSBAND shall make application for mortgage financing on the former marital residence so as to secure the funds due WIFE pursuant to this paragraph. HUSBAND shall provide proof of his financing efforts to counsel for WIFE upon request. 1=3. PENSIONSM ETIREMENT ACCOUNTS. HUSBAND is a participant in the 11101/2010 09:20 717-502-5050 COLGAN MARZZ4000 LLC PAGE 07112 Pennsylvania Municipal Retirement System (PMRS). HUSBAND shall retain his PMRS retirement benefits as his sole and separate property. WIFE waives all right, title and interest in and to said accounts. 14. PERSONAL PROPERTY: The parties have divided between them, to their mutual satisfaction, all personal effects, household furniture and furnishings, and all other articles of personal property which have heretofore been used by them in common, and neither party wi 11. m akc any claim to any such items which are now in the possession or under the control of the other. 15. BANK AND INVESTMENT ACCOUNTS; HUSBAND and WIFE have owned various accounts during their marriage in. both their individual and joint names. The following is a list of said accounts: Soverei 1897 $44,400.27 -Sovereign 7685 $3,005.17 Sovereign 9946 $14,607.20 Hartford 2220 $29,806.00 Hartford 2469 $6,373.00 Sun Life 7396-01 $13,302.02 All State Insurance 9626 $6,021.00 From the aforementioned accounts, WIFE sbal.l receive the sum of $97,000.00. WiFF shall receive said sums first from accounts that can be transferred without tax consequence. To the extent that any of the accounts listed above are in the form of annuities, insurance contracts or are otherwise not immediately available as lump sum, cash accounts or not immediately available without the payment of a penalty, surrender charge, termination fee or any other charge or fee which would diminish, the value of said account, those accounts shall be transferred to WIFE only after all other accounts listed above that do not have such fees or costs associated with them. have been transferred to WIFE to generate the $97,000.00 due to her. After WIFE receives the $97,000.00 due to her, it is acknowledged that they the parties will have divided the accounts to their mutual satisfaction and agree that each shall become sole owner of their respective accounts and they each hereby waive any interest in, or claim to, any funds held by ;11/01/2010 09:20 717-502-5050 COLGAN MARZZACCO LLC PAGE 08/12 the other in any accounts. 16. MOTOR YUHICLES: WIFE shall retain sole and exclusive possession of the 2003 Honda Accord. WIFE is responsible for the vehicle distributed to her, including the payment of any lien, insurance. registration and maintenance and WIFE agrees to indemnify and hold HUSBAND harmless for failure to make payments thereon. Further, HUSBAND agrees to execute any and all documentation to give effect to this paragraph within ten (10) days of a request of WIFE. HUSBAND shall retain sole and exclusive possession ofth.e 2008 Nissan Versa and the 1997 310c John Deere Backhoe, HUSBAND is responsible for the vehicles distributed to him, including the payment of any lien, insurance, registration and maintenance and HUSBAND agrees to indemnify and hold WIFE harmless for, failure to make payments thereon. Further, WIFE agrees to execute any and all documentation to give effect to this paragraph within ten (10) days ofa request of HUSBAND. 17. ALIMONY: HUSBAND} shall pay to WIFF, as .Alimony an amount equal to the monthly cost to maintain WIFE on HUSB AND's health insurance through COBRA. Said payments shall commence the month immediately following the entry of the final Decree in Divorce and shall continue for 36 consecutive months thereafter. With the exception of the death of either party, it is agreed that the Alimony payment shall not be modifiable for any of the reasons set forth in the Pennsylvania Divorce Code at 23 Pa. C.S. §3701, et seq. The aforementioned payments shall be made via wage attachment administered by the Domestic Relations Section of the Court of Common Pleas of Cumberland County. Upon. the entry of the final Decree in Divorce, the current order for Alimony Peudente Lite shall cease and the alimony payment shall commence immediately thereafter. 1.8. AFTER-ACQUIRED PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes as though he or she were unmarried. 11/01/2010 09:20 717-502-5050 COLGAN MARZZACCO LLC PAGE 09/12 19. INCOME TAX: The parties have heretofore filed joint Federal, State and/or local income tax returns. Both parties agree that in the event any deficiency in Federal, State or. local income tax is proposed, or any assessment of any such tax is made against either of them., each will indemnify and 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. 20. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFER The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction. Act of 1984 (hereinafter the "Act"), specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfer and subject to the carry-over basis provisions of said Act. 21. EFFECT OF DIVORCE DECREE: The parties agree that, except as otherwise specifically provided herein, this Agreement shall continue in full force and effect after. such time as a final Decree in Divorce may be entered with respect to the parties. 22. BREACH: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election to sue for damages for such breach or seek such other remedies or, relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 23. - WAIVER OF CLAIMS: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she shall now have or hereafter acquire, under the present and future laws of any ;11/Q1/2010 09:20 717-502-5050 COLGAN MARZZACCO LLC PAGE 10/12 .jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and the right to act as administrator or executor of the other's estate, and each will, at the .request of the other, ". ecute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of such interests, rights and claims. 24. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 25. AGREEMENT FINDING ON HEIRS: This Agreement shall be binding on and shall inure to the benefits of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 26. ADDITIONAL INSTRUMES: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 27. VOID CLAUSES: 1f any term, condition, clause or provision of this Agreement shall he determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 2$. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be separate and independent Agreement. 29• FINANCIAL DISCLOSURE: The parties confirm that they have relied on the completeness and substantial accuracy of the financial disclosure ofthe other as an inducement to the execution of this Agreement. The parties acknowledge that there has been no formal discovery conducted in their pending divorce action and that neither party has filed an inventory and appraisement as required by Section 3505(b) of the Pennsylvania Divorce Code. Notwithstanding 11/81/2010 09:20 717-502-5050 COLGAN MARZZACCO LLC PAGE 11/12 the foregoing, the rights of either patty to pursue a claim, for equitable distribution., pursuant to the Pennsylvania Divorce Code, of any interest owned by the other party in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement is expressly reserved. In the event that either party, at any time hereafter, discovers such an undisclosed asset, the party shal.,l have the right to'petition the Court of Common Pleas of Cumberland County to make equitable distribution of said asset. The non-disclosing party shall be responsible for payment of counsel fees, costs or expenses incurred by the other party in seeking equitable distribution of said asset. Notwithstanding the foregoing this Agreement shall in all other respects remain in full force and effect. 30. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either, party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent defaults ofthe same or similar nature. 31. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no affect whatsoever in. determining the rights or obligations of the parties. 32. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 and any amendments thereto. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and year first above written. _STFARON L. GARMAN *TRA_ GARMAN WITNESS: COMMONWEALTH OF PENNSYLVANIA: . SS. COUNTY OF ON THIS, the t1 day of , 2014, before me, the undersigned officer, personally appeared SHARON L. CARMAN known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marital Settlement Agreement, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. au MIA M A INEAFFER 11A VIIM ? PUbille COUP M, N Public MY CaMrNMion bpkH Fob 18, 2012 My Commission Expires: f 5 ?'dj ******************************************************************* COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF k1z? ON THIS, the 1 day of ?tYc Cc??C, , 2010, before me, the undersigned officer, personally appeared TERRY A. GARMAN, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marital Settlement Agreement, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Notary Public My Commission Expires: COMMONWEAL s-: ":;r ?EM,4SYL'VANIA Notarial Se£.ai bra n, Spinnot. lllotwy Public City Of HarthLrr . Oauphin County My Commis:;ij! Ypire; Sepe. 3, 2011 Member, t'ectisyl=,an!a Associi;,Jon of Notaries SHARON L. GARMAN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08-1163 CIVIL TERM TERRY A. GARMAN C3 , Defendant CIVIL ACTION - DIVORCE rntv rn -- ._4 Zoo co -orn PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: °={-., xC) o nn, Transmit the record, together with the following information, to the Court for cn GArycof v a divorce decree: 1. Grounds for Divorce: Irretrievable breakdown under Section 3301(c). 2. Date and manner of service of the Complaint: The Defendant was served a copy of the Complaint by way of a Process Server on March 11, 2008, said Return of Service was filed with this Honorable Court on March 14 2008. 3. Complete either Paragraph (a) or (b): (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: By Plaintiff. January 10, 2011; By Defendant: October 15, 2010. (b) (1) Date of execution of the Affidavit required by Section 3301(d) of the Divorce Code: N/A (2) Date of filing and service of the Plaintiffs Affidavit upon the Respondent: N/A. 4. Related claims pending: All related claims were settled by a Marital Settlement Agreement dated January 10, 2011 and filed with the Court on January 18, 2011 5. Complete either (a) or (b): (a) Date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, a copy of which is attached: (b) Date Plaintiffs Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: January 18, 2011: Date Defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: October 21, 2010. Respectfully Submitted, COLGAN MARZZACCO, LLC By / Timot tv7 uire A ttorn944 130 West Church Street Suite 100 Dillsburg, PA 17019 Tel: (717) 502-5000 Fax: (717) 502-5050 Dated: C - d* --(1 SHARON L. GARMAN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. TERRY A. GARMAN NO. 2008-1163 DIVORCE DECREE AND NOW, it is ordered and decreed that SHARON L. GARMAN plaintiff, and TERRY A. GARMAN , 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.") All related claims were settled by a Marital Settlement Agreement ("the Agreement") dated January 10, 2011 and filed with the Court on January 18, 2011. It is further ordered and decreed, pursuant to Pennsylvania Divorce Code,Section 23 Pa.C.S.A. §3101 et seq. and Pa.R.C.P. 1920.1 et seq., and in accordance with Paragraph 4, Page 3, of said Agreement, the terms of said Agreement shall be incorporated, but not merged, into this Divorce Decree. By the Court, Attest: _ Nom. Copy rruAsd qc a4 Cohan tx rrtEU w %re ativ " ORDERMOTICE TO WITHHOLD INCOME FOR SUPPORT 08-1163 CIVIL State: Commonwealth of Pennsylvania Co./City/Dist. of: CUMBERLAND Date of Order/Notice: 03108/11 Case Number (See A e?for case summary) Employer/Wthholder's Federal EIN Number MIDDLESEX TOWNSHIP 350 N MIDDLESEX RD CARLISLE PA 17013-8422 0 Original Order/Notice Q Amended Order/Notice Terminate Order/Notice 0 One-Time Lump Sum/Notice RE: GARMAN. TERRY A Employee/Obligor's Name (Last, First, MI) 172-52-3626 Employee/Obligors Social Security Number 7493102236 Employee/Obligor's ass Identifier (See Addendum for p/aindftif names associated with cases on attachmeno Custodial Parent's Name (Last, First, MI) See Addendum for dependen ORDER INFORMATION: This is an Ord from CUMBERLAND County, Commonw from the above-named employee's/obligc State. $ 0.00 per month in current $ 0.00 per month in past-du $ 0.00 per month in current $ 0.00 per month in past-du $ 0.00 per month in current $ 0.00 per month in past-du $ 0.00 per month for genetic $ 0.00 per month in other (; $ one-time lump sum I for a total of $ 0.00 per mont You do not have to vary your pay cycle tc the ordered support payment cycle, use t $ 0.00 per weekly pay period. $ 0.00 per biweekly pay perio names and birth dates associated with cases on attachment. /Notice to Withhold Income for Support based upon an order for support alth of Pennsylvania. By law, you are required to deduct these amounts s income until further notice even if the Order/Notice is not Issued by your hild support child support Cta Arrears 12 weeks or greater? rs - n64 iedical support medical support 4r, =' pousal support spousal support test costs ecify) tyment c_ to be forwarded to payee below. be in compliance with the support order. If your pay cycle does not match e following to determine how much to withhold: $ 0.00 per semimonthly pay period (twice a month) I (every two weeks) $ 0.00 per monthly pay period. REMITTANCE INFORMATION: You mu begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/ otice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a be to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable mount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disp able weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See on page 2). Pennsylvania law (23 PA C.S. § 4374(b ) requires remittance by an electronic payment method if an employer is ordered to withhold inco a from more than one employee and employs 15 or more persons, or if an employer has a history of two or ore returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections and Di bursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FI S CODE 42 000 00 Make Remittance Payable to: P SCDU Send check to: Pennsylvania S DU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCL DE THE DEFENDANT'S NAME AND THE PACSES MEMBER /D (shown above as the Employee/Oblig 's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH B MAIL. /?,,, ?, L.•,rr? ./ ?--, BY THE COURT: Albert H. Masland, Judge OMB No.: 0970-0154 Form EN-028 Service Type M Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? If checked you are required to provide la copy of this form to your employee. If your employee works in a state that is different from the state that issued this) order, a copy must be provided to your employee even if the box is not checked. 1. Priority: Withholding under this Order/Notio 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 w hheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You mu t, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* Reporting the Paydate/Date of Withholdin : You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on whic amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal ph ice of employment with respect to the time periods within which you must implement the withholding order and forward the support p yments. 4.* Employee/Obligor with Multiple Support oldings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unabl to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/o ligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptl notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested a 0d return a copy of this Order/Notice to the Agency identified below. 2360052540 THE PERSON HAS NEVER WORKED FORT IS EMPLOYER: O THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: Q EMPLOYEE'S/OBLIGOR'S NAME: GAR AN T EMPLOYEE'S CASE IDENTIFIER: 7493 02236 LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: NEW EMPLOYER'S NAME/ADDRESS: DATE OF SEPARATION: FINAL PAYMENT AMOUNT: 6. Lump Sum Payments: You may be require 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 fi employment, refusing to employ, or taking discir Pennsylvania State law governs unless the oblic is employed governs. 9.* Withholding Limits: You may not withhold Protection Act (CCPA) (15 U.S.C. 1673 (b)); or of employment. Disposable income is the net in Social Security taxes, statutory pension contribu obligor is supporting another family and 60% of 1 50% limit is increased to 55% and that 60% limil you may deduct a fee for administrative costs. I Arrears greater than 12 weeks: If the Order Inf employer should calculate the CCPA limit using allowed under the law of the issuing Tribe. For' of the limit set by the law of the jurisdiction in wh the CCPA (15 U.S.C. 1673 (b)). Depending upo health care premiums in determining disposable 10. Additional info: e determined under State law for discharging an employee/obligor from nary action against any employee/obligor because of a support withholding. r is employed in another State, in which case the law of the State in which he or she nore than the lesser of. 1) the amounts allowed by the Federal Consumer Credit the amounts allowed by the State or Tribe of the employee's/obligor's principal place :ome left after making mandatory deductions such as: State, Federal, local taxes, :ions and Medicare taxes. The Federal limit is 50% of the disposable income if the he disposable income if the obligor is not supporting another family. However, that is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, he support amount and the fee may not exceed the limit indicated in this section. )rmation does not indicate whether the arrears are greater than 12 weeks, then the he lower percentage. For Tribal orders, you may not withhold more than the amounts ribal employers who receive a State order, you may not withhold more than the lesser ch the employer is located or the maximum amount permitted under section 303(d) of i applicable State law, you may need to take into consideration the amounts paid for income and applying appropriate withholding limits. *NOTE: If you or your agent are served with a cc state that issued this order with respect to these 11. Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST 13 by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state. a.us OMB No.: 0970-0154 Form EN-028 Worker ID $IATT Service Type M Page 2 of 2 of this order in the state that issued the order, you are to follow the law of the If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: GARMAN, TERRY A. f 626111443 Plaintiff Name SHARON L. GARMAN Docket Attachment Amount 08-1163 CIVIL $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name o k t Attachment Amount $ 0.00 Child(ren)'s Name(s): PACSES Case Number Plaintiff Name DOB PACKS Case Number Plaintiff Name PACSES Case Number Plaintiff Name Addendum Form EN-028 Service Type M OMB No.: 0970.0154 Worker ID $IATT SHARON L. GARMAN, Plaintiff/Petitioner VS. TERRY A. GARMAN, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 08-1163 CIVIL TERM IN DIVORCE PACSES CASE: 626111443 ORDER OF COURT p L7 C3 -v.3 AND NOW to wit, this 1 lth day of March, 2011, it is hereby Ordered that the Alimony Pendente Lite order is terminated, PURSUANT TO THE Divorce Decree of February 15, 2011. The Alimony Pendente Lite account is closed with a credit of -$239.41. This Order shall become final twenty (20) days after the mailing of the notices of the entry of the Order to the parties unless either party files a written demand with the Office of the Prothonotary for a hearing de novo before the Court. BY THE COURT: Albert H. Masland, J. DRO: R.J. Shadday xc: Petitioner Respondent Timothy J. Colgan, Esq. P. Richard Wagner, Esq. Form OE-001 Service Type: M Worker: 21005 s SHAR ?N L. GARMAN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-1163 CIVIL TERM TERR Y A. GARMAN, -? NO :zj Defendant CIVIL ACTION - DIVORCE -i c ez TO TH c> HONORABLE JUDGES OF SAID COURT:= c? c f , MOTION TO ENFORCE MARITAL SETTLEMENT AGREEMENT NOW, comes the Plaintiff, Sharon L. Garman, by and through her attorneys, & Associates, LLC, and files the instant Motion to Enforce Marital Settlement and in support thereof, avers the following: On January 18, 2011, a Marital Settlement Agreement reached by the parties was by the Prothonotary. A true and correct copy of said Agreement is attached hereto as Exhibit "A." Pursuant to paragraph fifteen (15) of said Agreement, Plaintiff/Wife was to receive the sum of $97,000.00 from the parties bank and investment accounts. . On February 15, 2011, the Honorable Judge Albert H. Masland issued a Divorce which incorporated the terms of said Agreement. A true and correct copy of the Divorce Decree lis attached hereto as Exhibit "B." . Since the issuance of the Divorce Decree, Plaintiff's counsel has contacted opposing by letters concerning the status and payment of the $97,0000.00 transfer to Plaintiff/Wife from Defendant/Husband. >. To date, Plaintiff/Wife has not received the transferred funds. Prior to the filing of this Motion, and in compliance with C.C.R.P. 208.2(d), s counsel attempted to contact opposing counsel, P. Richard Wagner, Esquire, his position on this Motion, a message was left, and no response has been received. . Pursuant to Paragraph twenty-two (22) of the Agreement, if either party breaches the the other party has the right to seek relief to enforce the contract and the party iog the contract shall be responsible for reasonable legal fees and costs. the petitioner respectfully requests that this Honorable Court order the costs. of the Agreement and direct Defendant/Husband to pay reasonable legal fees and Respectfully Submitted, COLGAN & ASSOCIATES, LLC Dated: By 6 imo o gan, Esquire Attorney ID #77944 130 West Church Street Suite 100 Dillsburg, PA 17019 Tel: (717) 502-5000 Fax: (717) 502-5050 EXHIBIT A '71/01/2010 109:20 717-502-5050 COLGAN MARZZACCO LLC PAGE 02/12 L. GARMAN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-1163 CIVIL TERM C-) C o ;Y A. GARMAN, ; T? C- Defendant CIVIL ACTION - DIVORCE MARITAL -SETTLEMENT GREEMENT THIS MARITAL SETTLEMENT AGREEMENT, made this ? at'4'day oP , ? 201 f, by and between S1l A.RON L. GARMAN, (WIFE) and TEARY A,. [AN, (I4USBAND): WITNESSETH: and parties hereto and/or WHEREAS, the parties were married on May 17,1996, in lit. Molly Springs, Pennsylvania; WHEREAS, the parties separated on January 1, 2008; and WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the and it is the intention of HUSBAND and WIFE to live separate and apart, and the parties ire desirous of settling fully and finally their respective financial and property rights and ons as between each other, including, without limitation by specification,; the settling of all between them in relation, to the ownership and equitable distribution of real and personal r, settiizig of all matters between them relating to the past, present and famm support, alimony of WIFE, by HUSBAND or of HUSBAND by WIFE; and in general, the settling of any d all claims and possible claims by either party against the estate of the other party. OW, THEREFORE, in, consideration of the mutual promises, covenants and undextalcings hereinafter set forth and for other good and valuable consideration, receipt of which Is hereby acknow edged by each of the parties b.ereto, HUSBAND and WIFE, each intending to be legally bound h reby covenant and agree as follows: CD -n x rn'? -arn 70rn C) --1 p x -rl C) -? x? CZ) D 11/01/2010 09:20 717-502-5050 COLGAN MARZZACCO LLC PAGE 03/12 1.. INTERFERENCE: Each party shall be free :&om intmT-erence, authority, and contact by th other, as fully as though he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endea or. to molest the other, nor compel the other to cohabitate with the other, or in any way harass or m ign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 2. AGREEMENT NOT A BAR TO DIVORCE PROCE,E+ DINES: This Agreement shall of affect or bar the right of HIJS13AND or WIFE to a divorce on lawful grounds or to any def a as maybe available to either party. This Agreement is not intended to condone and shall not bed cd to be a condonation on the part of either party hereto of any act or acts on the part of the other arty which have occasioned the disputes or unhappy differences. 3. UBSE UENT DIVORCE: The parties hereby acknowledge that WIFE filed a Comp aint in Divorce in. Cumberland County, Pennsylvania, claiming that the marriage is irretri vably broken under Section 3301 (c) of the Pennsylvania Divorce Code. The parties hereby expres their agreement that the marriage is irretrievably broken and express their intent to execute any an all Affidavits or other documents necessary for the parties to obtain an absolute divorce it to Section 3301(c) of the Pennsylvania Divorce. The parties hereby waive all rights to court ordered counseling under the Divorce Code. It is further specifically understood and agreed y the parties that the provisions of this Agreement as to equitable distribution of property of the pa ies are accepted by each party as a ful.i and final settlement for all purposes whatsoever, as by the Pcnnsylvania Divorce Code. Should a decree, judgment or order of divorce be obtained by either of the parties in this or any o er state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all. of its covenants shall not be affected in any way by such separation or divorce; nothing in any such decree, judgment, order or further, modification or revision thereof shall alter, amend or vary any term of this Agreement. It is the specific intent of the parties to permit this snt to survive any judgment and to be ..forever binding and conclusive upon the parties. 11101/2010 109:20 717-502-5050 COLGAN MARZZACCO LLC PAGE 04112 I i I 4. INCORPORATION OF DIVORCE DECREE: It is further agreed, covenanted ands ipuiated that this Agreement, or the essential-parts hereof, shall be incorporated in any decree hereinafter entered by any court of competent jurisdiction in any divorce proceedings that have been or m be instituted by the parties for the purpose of enforcing the contractual obligations of the parties. This agreement shall not be merged in any such decree but shall in all respects survive the same nod be forever binding and conclusive upon the parties. 5. EFFECTIVE DA'Z'E: The effective date of this Agreement shall be the ",date of execu ion" or "execution date," defined as the date upon which it is executed by the parties if they have each executed this Agreement on the same date. Otherwise, the "date of execution" or "exec tion date" of this Agreement shall be defined as the date of execution by the party last execu 'ng this Agreement. 6. DISTRIBUTION DATE-S: The transfer of property, funds and/or documents provid d for herein, shall only take place on the "distribution" date, which shall be defined as the effective date of this Agreement, unless otherwise provided forherein, including any spousal support and/or ?limony payments. 7. MUTUAL RELEASE: HUSBAND and WIFE each do hereby mutually remise, release quit-claim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interest, or claims in or against the property (including income and gain frorn property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever, situated, which. he or she now has or any time hereafter may have against the other, the estate of such other or any part hereof, wheth.e arising out of any former acts, contracts, engagements or liabilities of such other or by way of dow r or courtesy, or claims in the nature of dower or courtesy or widow's or widower's rights, family xemption or similar allowance, or under the intestate laws, or the right to take against the spouse' will; or. the right to treat a lifetime conveyance by the other as a testamentary, or a] J. other rights o fa surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of a} Pennsylvania, (b) any State, Commonwealth of territory of the United States, or {C) any 11/91/2010 ',09:20 717-502-5050 COLGAN MARZZACCO LLC PAGE 05/12 I county or any rights which either party may have or at anytime hereafter shall have for past, present or Tut are support or maintenance, alimony, alimony pendente lite, counsel fees, division of property, costs or expenses, whether arising as a result of the marital relations or otherwise, except, all rights and Agreements and obligations of whatsoever nature arising or which may arise under this Agreent or for the breach of any provisions thereof. It is the intention of HUSBAND and WIFE, to give each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or.. nature, real., personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division. of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursu t to the Pennsylvania Divorce Cede or the divorce laws of any other jurisdiction. 8. REP.. SENTATION BY COUNSEL: The provisions of this Agreement and their legal effect have been fully explained to HUSBAND AND WIFE by their respective counse , Timothy J. Colgan, Esquire, counsel for WTFF and P. Richard Wagner, Esquire, counsel for HU BAND. Each party acknowledges that they have received independent legal advice from counsel of his or h .-r own selection., that each has fully disclosed his or her respective financial situations to the other, i eluding his or her property, estate, assets, liabilities, income and expenses, that each is ill with and fully understands the facts, including the property, estate, assets, earnings and me of the other, and that each has been fully informed as to his or her legal rights and gati n.s. Each ofthe parties acknowledges and agrees that, after having received such advice and with such knowledge, this agreement is, in the circumstances, fair, reasonable and equitable, that it is being entered into freely, voluntarily, and in good faith and that the execution of this agreement is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal Each party .further acknowledge that they b.ave each made to the other a full and 11/01/2010 109:20 717-502-5050 COLGAN MARZZACCO LLC PAGE 06/12 compete discl.osurc oftheir res ective assets, estate liabilities, and sources of income and thatthey wain any specific enumeration thereof for the purposes of this agreement. 9. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that they lave not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless from and against any and al such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 1.0_ WARRANTY AS TO FUTURE O LIGAT)IONS: HUSBAND and WIFE coven t, warrant, represent and agree that, with the exception of obligations set forth in this Agree ent, neither of them shall hereafter incur any liability whatsoever for which the estate of the other ay be liable. Each party shall indemnify and hold harmless the other party from and against any d all debts, charges and liabilities incurred by the other after the execution date of this lent, except as may be otherwise specifically provided for by the terms of this Agreement. l l . AIIYISION OF MARTIAL RESIDENCE: HUSBAND shall retain as his sole and property the former marital residence located at 531 Union Hall Road, Carlisle, vani.a. WIFE shall sign a deed conveying all right, title and interest she may have in the to HUSBAND. WIFE shall hold said deed in escrow pending the receipt of the cash t due her pursuant to Paragraph 12 herein. HUSBAND sha)). be responsibi e for all expenses .d with the property and shall indemnify and hold WIFE harmless as to same. 2. CASH PAYMENT: HUSBAND shall make a one-time payment to WIFE in the amour of $135,000.00 within sixty (60) days of the execution of this Agreement. Within twenty (20) da s of the execution of this Agreement, HUSBAND shall make application for mortgage financi g on the former marital residence so as to secure the funds due WIFE pursuant to this Paragra h. HUSBAND shall provide proof of his financing efforts to counsel for WIFE upon 13. PENSIONS/RF-r1 CEMENT ACCOUNTS; HUSBAND is a participant in the 11/01/2010 09:20 717-502-5050 COLGAN MARZZACCO LLC PAGE 07112 I Pennsylvania Municipal Retirement System (PM..RS). HUSBAND shall retain his PMRS retirement benefits as his sole and separate property. WIFE waives all right, title and interest in and to said 14. PERSONAL PROPERTY. The parties have divided between them, to their mutual satisfaction, all personal effects, household furniture and furnishings, and all other articles of perso 1 property which have heretofore been used by them, in common, and neither party wi 11. crake any cl im to any such, items which are now in the possession or under the control of the other.. 15. BANK AND INVESTMENT ACCOUNTS: HUSBAND and WIFE have owned accounts during their marriage in. both their individual and joint names. The following is a list of laid accounts: Sovereign 1897 $44,400.27 Sovereign 7685 $3,005.17 Sovereign 9946 $14,607.20 Hartford 2220 $29,806.00 Hartford 2469 $6,373.00 Sun Life 7396-01 $13.302.02 All State Insurance 9626 $6,021.00 From the aforementioned accounts, WIFE sbal.l receive the sum of $97,000.00. WTFF shall receive said sums first from accounts that can be transferred without tax consequence. To the extent that an of the accounts listed above are in the form of annuities, insurance contracts or are otherwise not imr ediately available as Jump sum, cash accounts or not immediately available without the of a penalty, surrender charge, termination fee or any other charge or fee which would diminish the value of said account, those accounts shall be transferred to WTFE only after all other accoun listed above that do not have such fees or costs associated with there have been transferred to WIFE. to generate the $97,000.00 due to her. After WIFE receives the $97,000.00 due to her, it is acknowledged that they the parties will have divided the accounts to their nutual satisfaction and agree that each shall become sole owner of their respective accounts and they each hereby waive any interest in, or claim. to, any funds held by 11/91/2010 09:20 717-502-5050 COLGAN MARZZACCO LLC PAGE 08/12 the o . er in any accounts. 16. 11 0TOR VEHICLES: WIFE shall retain sole and exclusive possession of the 2003 Honda Accord. WIFE is responsible for the vehicle distributed to her. including the payment of any lien, insurance. registration and maintenance and WIFE agrees to indemnify and hold HUSBAND harmless for failure to make payments thereon. Further, HUSBAND agrees to execute any and all documentation to give effect to this paragraph within ten (10) days of a request of WIFE. HUSBAND shall retain sole and exclusive possession ofthe2008Nissan Versa and the 1997 310c John Deere Backhoe, HUSBAND is responsible for the vehicles distributed to him, including the payment of any lien, insurance, registration and maintenance and HUSBAND agrees to ind ify and hold WIFE harmless for failure to make payments thereon. Further, WIFE agrees to cxecut any and all documentation to give effect to this paragraph within ten (10) days of a request of 17. ALT_ _ IV ONY: HUSBAND shall pay to WIFF, as Alimony an amount equal to the month cost to maintain WIFE on HUSB.A.ND's health insurance through COBRA. Said payments shall commence the month immediately following the entry ofthe final Decree in Divorce and shall contin a for 36 consecutive months thereafter. With the exception of the death of either party, it is agreed that the Alimony payment shall not he modifiable for any of the reasons set forth in the Pennsylvania Divorce Code at 23 Pa. C.S. §3701, et seq. The aforementioned payments shall be made via wage attachment administered by the Domestic Relations Section of the Court of Common Pleas of Cumberland County. Upon. the entry of the nal Decree in Divorce, the current order for Alimony Peudente Lite shall cease and the alimony payment shall commence immediately thereafter. 1.8. AFTER-ACQUIRED )PROPER'T'Y: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they heal, personal or mixed, angible or intangible, which are hereafter acquired by him or her, with full power in him or her to d spore of the same as fully and effectively, in all respects and for all purposes as though he or she we unmarried. 11/01/2010 09:20 717-502-5050 COLGAN MARZZACCO LLC PAGE 09/12 Y 19. IiNCOME TAX: The parties have heretofore filed joint Federal,, State and/ox local income tax returns. Both parties agree that in the event any deficiency in.1~ederal, State or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax defier y or assessment and any interest, penalty and expense incurred in connection thcrewith. Such x, interest, penalty or expense shall be paid solely and entirely by the individual who is finally dote ned to be the cause of the misrepresentations or failures to disclose the nature and extent of his or er separate income on the aforesaid joint returns. 20. APPLICABILITY OF TAX LAW TO PROPERTY TRANST+M: The parties hereb agree and express their. intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction. Act of 1484 (hereinafter the "Act"), speci. i ally, the provisions of said Act pertaining to the transfers of properly between spouses and forme spouses. The parties agree to sign and cause to be filed any elections or other documents rcqui d by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agree ent without recognition of gain on such transfer and subject to the carry-over basis provisions of said Act. 21. EFFECT OF DIVORCE DECREE: The parties agree that, except as otherwise specifi ally provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with, respect to the parties. 22. BREACH: if either party breaches any provision of this Agreement, the other party shall have the right, at his or her election to sue for damages for such breach or seek such other rcmedi s or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights tinder this Agreement. rights 23. - WA)<VER OF CLAIMS: Except as herein otherwise provided, each party may of his or her property in any way, and each. party hereby waives and relinquishes any and all e or she shall now have or hereafter acquire, under the present and future laws of any 11/01/2010 09:20 717-502-5050 COLGAN MARZZACCO LLC PAGE 10/12 jurisdilction, to share in the property or the estate of the other as a result of the manual rclationship, without limitation, dower, courtesy, statutory allowance, widow's allowance, right to take in intotacy, right to take against the Will of the other, and the right to act as administrator or >r of the other's estate, and each will, at the request of the other, execute, acknowledge and any and all instruments which may be necessary or advisable to carry into effect this mutual and relinquishment of such interests, rights and claims. 24. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the and there are no representations, warranties, covenants or undertakings other than those 1y set forth herein. 25. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding on and shall inure to the benefits of the parties hereto and their respective heirs, executors, administrators, and assigns. 26. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the req?est of the other, execute, acknowledge and deliver to the other any and all further instruments that m y be reasonably required to give full force and effect to the provisions of this Agreement. 27. VOID CLAUSES: Tf any term, condition, clause or provision of this Agreement shall h determined or declared to be void or invalid in law or otherwise, then only that term., conditi n, clause or provision shall be stricken from this Agreement and in all other respects this skull be valid and continue in full force, effect and operation. 28. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed ?y and between the parties hereto that each paragraph hereof shall be deemed to be separate and in4epex dent Agreement. 9. FINANCIAL DISCLOSURE: The parties confirm that they have relied on the mess and substantial accuracy of the financial disclosure ofthe other as an inducement to the t of this .Agreement. The parties acknowledge that there has been no formal discovery d in their pending divorce action and that neither party. has filed an inventory and rent as required by Section 3505(b) of the Pennsylvania Divorce Code. Notwithstanding % 11/01/2010 09:20 717-502-5050 COLGAN MIARZZACCO LLC PAGE 11/12 the for going, the rights of either party to pursue a clam. for equitable distribution, pursuant to the Penns lvania Divorce Code, of any interest owned by the other party in an asset of any nature at any time or to the date of execution of this Agreement that was not disclosed to the other party or his or her ounsel prior to the date of the within Agreement is expressly reserved. In the event that either arty, at any time hereafter, discovers such an undisclosed asset, the party shall have the right to,peti 'on the Court of Common Pleas of Cumberland. County to make equitable distribution of said asset. The non-disclosing party shall be responsible for payment of counsel. fees, costs or expenses incurred by the other party in seeking equitable distribution of, said asset. Notwithstanding the foregoing this Agreement shall in al.l other respects remain in full force and effect.. 30. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent defaults ofthe same o similar nature. 31. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no affect whatsoever in determining the lights or obligations of the tea ies. APPLICABLE LAW: This Agreement shall be construed under the laws of the lth of Pennsylvania and more specifically under the Divorce Code of 1980 and any thereto. WITNESS WHEREOF, the parties hereto have set their hands and seals the date and year fiat above written. . A ? .?v. Vv vv "? \ itne ARON L. GAR MAN itn? TURK A. GARMAN ?^ ti i COMMONWEALTH OF PENNSYLVANIA: . SS. COUNTY OF O THIS, the day of , 2014, before me, the undersigned officer, personally appeared SHARON L. GARMAN4 known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marital Settlement Agreement, and acknowl dged that she executed the same for the purposes therein contained. WITNESS WHEREOF, I have hereunto set my hand and official seal. NOISAM VAL :HARON A SHEAFFER A - - zue Notary h*11c N Public NAMMN flAR, CUMURLAND COUNTY My ComnNalon ExplWt Feb 15. 2012 My Commission Expires: ? • ? 5 ' ? COMMONWEALTH OF PENNSYLVANIA: SS. COUNT OF ti?Rw--?-?-1 ON HIS, the -,I ?= day of ,&, ez ?4,C. , 2010, before me, the undersigned officer, p rsonally appeared TERRY A. GARMAN, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marital Settlement Agreement, and acknowledged that he executed the same for the purposes therein contained. WITNESS WHEREOF, I have hereunto set my hand and official seal. Notary Public My Commission Expires: CQM 0NNVVFr,i._ : r:iN -Vi_VVfaCJiA ?? ? i SUS c,C . __ j Debr-v k l 'ot ry Public IiI 1 aty 0,;.4or ,in County I My Sept. 3, 2011 Mem.bcr r.n•v r'e of Notaries EXHIBIT B N ¦ t •. S?iARON L. GARMAN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. RRY A. GARMAN DIVORCE DECREE AND NOW, February 15 2011 , it is ordered and decreed that )N L. GARMAN plaintiff, and +RY A. GARMAN s of matrimony. defendant, are divorced from the Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no cla ms remain indicate "None.") All related claims were settled by a Marital Settlement Agreement ("the Agreement") dated January 10, 011 and filed with the Court on January 18, 2011. It is further ordered and decreed, pursuant to Pennsylvania Divorce Code,Section 23 Pa.C.S.A. §3101 et seq. and Pa.R.C.P. 1920.1 et seq., and in accordance with Paragraph 4, Page 3, of said Agreement, the terms of said Agreement shall be incorporated, but not merged, into this Divorce Decree. By the Court, Albert H. Masland Attest: J. Prothonotary Copy Issued: February 15, 2011 Date : No. 2008-1163 J r. 1N L. GARMAN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-1163 CIVIL TERM A. GARMAN, Defendant CIVIL ACTION - DIVORCE CERTIFICATE OF SERVICE Timothy J. Colgan, hereby certify that on this date I served a copy of the foregoing upon the person(s) and in the manner indicated below, which service satisfies the irer?ents of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United mail, first-class, postage prepaid, as follows: P. Richard Wagner, Esquire Mancke, Wagner, & Spreha 2233 North Front Street Harrisburg, PA 17110 Respectfully Submitted, COLGAN & ASSO ATES, LLC By brmothy J. Colgan, Esquire Attorney ID #77944 130 West Church Street Suite 100 Dillsburg, PA 17019 Tel: (717) 502-5000 Fax: (717) 502-5050 Dated: YO-4111 r, . - HE n •. 'TA C, V I) ! APR 28 Pet 3: I'LIMBERLAND CCf.'7?a PENNSYLVANIA SHARON L. GARMAN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08-1163 CIVIL TERM TERRY A. GARMAN, Defendant CIVIL ACTION -DIVORCE RULE TO SHOW CAUSE AND NOW, this a y of , 2011, upon consideration of the foregoing petition, it is hereby ordered that (1) a rule is issued upon the respondent to show cause why the petitioner is not entitled to the relief requested; (2) the respondent shall file an answer to the motion within days of service upon ,47 the respondent. BY THE COURT: V / ALBERT H. MASLAND, JUDG Distribution: COppls It Prothonotary 0116 ? P. Richard Wagner, Esquire, 2233 North Front Street, Harrisburg, PA 17110 Vp Timothy J. Colgan, Esquire, 130 W. Church Street, Ste. 100, Dillsburg, PA 17019 SHARON L. GARMAN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVAN4 c V. NO. 08-1163 CIVIL TERM -?? -" W :X F;' M m -`c - a '_ r- TERRY A. GARMAN, , c r Defendant CIVIL ACTION - DIVORCE r--'?" C-) CERTIFICATE OF SERVICE I, Timothy J. Colgan, Esquire, hereby certify that on May 4, 20111 served a copy of the Rule to Show Cause issued by the Honorable Albert H. Masland dated April 27, 2011 upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, first-class, postage prepaid, as follows: P. Richard Wagner, Esquire 2233 North Front Street Harrisburg, PA 17110 By: Timothy J. C ayl, tsq?uire Attorney ID #77944 130 West Church Street Suite 100 Dillsburg, PA 17019 Tel: (717) 502-5000 Fax: (717) 502-5050 ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State: Commonwealth of Pennsylvania Co./City/Dist. of: CUMBERLAND Date of Order/Notice: 07/28/11 Case Number (See A en um for case summary) Employer/Withholder's Federal EIN Number MIDDLESEX TOWNSHIP 350 N MIDDLESEX RD CARLISLE PA 17013-8422 RE: GARMAN, TERRY A. 0s- fly C-1VI 1 (' Original Order/Notice 0 Amended Order/Notice 0 Terminate Order/Notice 0 One-Time Lump Sum/Notice Employee/Obligor's Name (Last, First, MI) 172-52-3626 Employee/Obligor's social Securi-ty-RUFFe-F 7493102236 Employee /Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 0.00 per month in current child support $ 0.00 per month in past-due child support $ 0.00 per month in current medical support $_ 0.00 per month in past-due medical support $_ 667.00 per month in current spousal support $ 0.00 per month in past-due spousal support $_ 0.00 per month for genetic test costs $_ 0.00 per month in other (specify) $ _ one-time lump sum payment for a total of $ 667.00 per month to be forwarded to payee below. CL-?yesL 0 no - _ 47 R L -` CID 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: $ 153.93 per weekly pay period. $ 333.50 per semimonthly pay period (twice a month) $ 307. k5 per biweekly pay period (every two weeks) $ 667.00 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). Pennsylvania law (23 PA C.S. § 4374(b)) requires remittance by an electronic payment method if an employer is ordered to withhold income from more than one employee and employs 15 or more persons, or if an employer has a history of two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER /D (shown above as the Employee/Obligor's Case /dentirter) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL.j/ BY THE COURT: Arrears 12 weeks or greater . OMB No.: 0970-0154 Form EN-028 Service Type M Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? If checked you are required to provide a copy of this form to your employee. If your employee works in a state that is different from the state that issued this order, a copy must be provided to your employee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding, You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3." 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. 2360052540 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER: Q THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: O EMPLOYEE'S/OBLIGOR'S NAME: GARMAN, TERRY A. EMPLOYEE'S CASE IDENTIFIER: 7493102236 LAST KNOWN HOME ADDRESS: DATE OF SEPARATION: LAST KNOWN PHONE NUMBER: NEW EMPLOYER'S NAME/ADDRESS: FINAL PAYMENT AMOUNT: 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 (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 OMB No.: 0970-0154 Form EN-028 ADDENDUM Summary of Cases on Attachment Defendant/Obligor: GARMAN, TERRY A. PACSES Case Number 626111443 PACSES Case Number Plaintiff Name Plaintiff Name SHARON L. GARMAN Docket Attachment Amount Docket Attachment Amount 08-1163 CIVIL $ 667.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): PACKS Case Numbeer Plaintiff Name D cke Attachment Amount $ 0.00 Child(ren)'s Name(s): PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 DOB Child(ren)'s Name(s): PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 DOB Child(ren)'s Name(s): Addendum Form EN-028 Service Type M OMB No.: 0970-0154 Worker ID $IATT DOB DOB DOB ti In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION SHARON L. GARMAN ) Docket Number: vs. TERRY A. GARMAN Plaintiff 08-1163 CIVIL PACSES Case Number: 626111443 Defendant ) Other State ID Number: ORDER TO CREDIT ARREARS x, - AND NOW, on this 16TH DAY OF MAY, 2014 IT IS HEREBY ORDEREIat -,D Terra � credit be given on the above captioned case in the amount of $239.41. There Ogg �? o O is not an agreement of the parties to the credit. This credit is for: ❑ Direct Payments. O Purchases made or services performed by the Defendant or children. ❑ Time children resided with the Defendant as agreed upon in a partial custody order for the following time periods: From From From to to to on behalf of the Plaintiff by parties, or addressed ® Other: The Alimony Pendente Lite account was closed with a credit of $239.41 and is directed to the remaining Alimony balance. Plaintiff Defendant 16TH DAY OF MAY, 2014 Date Service Type M Date Date BY THE COURT: Albert :tfei Aeslari i :JUDGE Form FI -002 Worker ID 21005 SHARON L. GARMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. •CIVIL ACTION - DIVORCE : NO. 08-1163 CIVIL TERM TERRY A. GARMAN, IN DIVORCE Defendant/Respondent : PACSES CASE: 626111443 ORDER OF COURT AND NOW to wit, this 11th day of March, 2011, it is hereby Ordered that the Alimony Pendente Lite order is terminated, PURSUANT TO THE Divorce Decree of February 15, 2011. The Alimony Pendente Lite account is closed with a credit of -$239.41. This Order shall become final twenty (20) days after the mailing of the notices of the entry of the Order to the parties unless either party files a written demand with the Office of the Prothonotary for a hearing de novo before the Court. DRO: R.J. Shadday xc: Petitioner Respondent Timothy J. Colgan, Esq. P. Richard Wagner, Esq. Service Type: M BY THE COURT: Albert H. Masland, J. Form OE -001 Worker: 21005 TRNL - Historical Financial Transaction Log Function (Go Case ID Payor Payee Start Date 626111443 IG 7493102236 GARMAN, TERRY A. 6493102231 GARMAN, SHARON L. v IGo Name: R. Shadday ( Worker Id:21.005 1 May 16, 14 1.0:59:24 AM 2 Print D Page Help Transaction Type ALL - All Records Close Window Date Transaction Description Reference ID Amount Debt Balance 03/11/11 MAN ARR NORM ADJ 239.41 0.00 03/08/11 OOA ADJUSTMENT 63.00 -239.41 03/08/11 OBLIG ADJUSTMENT -595.87 -239.41 03/01/11 ACCRUAL TRANS 387.00 356.46 02/22/11 DISBURSEMENT 2164931022311 178.62 -30.54 02/22/11 NORMAL DISTRIBUTION 2120110222XA00800100 178.62 -30.54 02/07/11 DISBURSEMENT 2164931022311 178.62 148.08 02/07/11 NORMAL DISTRIBUTION 2120110207XA00932900 178.62 148.08 02/01/11 ACCRUAL TRANS 387.00 326.70 01/25/11 DISBURSEMENT 2164931022311 178.62 -60.30 01/25/11 NORMAL DISTRIBUTION 2120110125XA00910300 178.62 -60.30 01/11/11 DISBURSEMENT 2164931022311 178.62 118.32 01/11/11 NORMAL DISTRIBUTION 2120110111XA00802200 178.62 118.32 01/03/11 ACCRUAL TRANS 387.00 296.94 12/27/10 DISBURSEMENT 2164931022311 178.62 -90.06 1234567 Displaying 31 - 45 of 103 records TRNL - Historical Financial Transaction Log Function Case ID Payor Payee Start Date 626111443 IGo 7493102236 GARMAN, TERRY A. 6493102231 GARMAN, SHARON L. Name: R. Shadday 1 Worker Id:21005 1 May 16, 14 10:03:55 AM Print Page Help Transaction Type ALL - All Records Close Window Date Transaction Description Reference ID Amount Debt Balance 10/03/11 NORMAL DISTRIBUTION 2120111003XA01022900 307.85 3,796.75 10/03/11 ACCRUAL TRANS 667.00 4,104.60 09/19/11 DISBURSEMENT 2164931022311 307.85 3,437.60 09/19/11 NORMAL DISTRIBUTION 2120110919XA00918500 307.85 3,437.60 09/06/11 DISBURSEMENT 2164931022311 307.85 3,745.45 09/06/11 NORMAL DISTRIBUTION 2120110906XA00807300 307.85 3,745.45 09/01/11 ACCRUAL TRANS 667.00 4,053.30 08/22/11 DISBURSEMENT 2164931022311 307.85 3,386.30 08/22/11 NORMAL DISTRIBUTION 2120110822XA00800100 307.85 3,386.30 08/08/11 DISBURSEMENT 2164931022311 307.85 3,694.15 08/08/11 NORMAL DISTRIBUTION 2120110808XA00803700 307.85 3,694.15 08/01/11 ACCRUAL TRANS 667.00 4,002.00 07/28/11 OBLIG ADJUSTMENT 0.00 3,335.00 07/28/11 NEW OBLIGATION 3,335.00 3,335.00 03/11/11 COUNTY ADDED FNOT 0.00 0.00 1234567 Displaying 16 - 30 of 103 records INCOME WITHHOLDING FOR SUPPORT O ORIGINAL INCOME WITHHOLDJNG ORDER!NOTICE FOR SUPPORT (IWO) O mwsmosouwo O ONE-TIMEORDER/NOTICE FOR LUMP SUM PAYMENT V9 TERMINATION op/wo_ ,_~~_ _ � `.~_ `�. ,.~_ �.. —` u��« Court ID Attorney O p��|�w�m�m������ 1.,� _ _ ' -�_ , NOTEce�ainciroumotan000you must reject this IWO and return it to the sender (see IWO instructions http://www.acf.hhs.goviprogramsicse/forms/OMB-0970-0154 instructions.pdf). If you receive this document from someone other than a State or TribaCSE agency or a Court, a copy of the underlying order must be attached. / �o/7i. A�^^ _ >\L�� /`)V)\ uu /`w-' Date: 07/21/14 Commonwealth of Pennsylvania CUMBERLAND pnvate|nuwuvaVEnnty Remittance Identifie(include w/payment): 7493102236 Order Identifier: (See Addendum for order/docket information) meAgoncyoose/demmm(See Addendum for case summary) MIDDLESEX TOWNSHIP 350 N MIDDLESEX RD CARLISLE PA 17013-8422 VNthholdersFEIN 230nO5254 ChiId(rerijs Name(s) (Last, First, Middle) ChiId(rens Birth Date(s) RE: GARMAN, TERRY A. Employee/Obligor's Name (Last, First, MiddIe) 172'52'3626 Social Security Number (See Addendum for p!aintlffnames associated with cases on attachment) Custodiat Party/Obligee's Name (Last, First, Middle) NOTE: This IWO must be regular on its face. Under certain ci (his IWO and retum it to the sender (see IWO instructions xVo:8w~nv.oc,.hxogov/pnognomn/cno/fonns/ DMa'0970-0154 instructions naV.xyou receive this document from someone other than a State or Tribal CSE agency or a Court, a copy of the underlyirig order musi be attached. 2360052540 See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This document is based on the support or withholding order from CUMBERLAND County, Commonwealth of Pennsylvania (State/Tribe). You are required by law to deducthese amounts from the emptoyee/ obligor's income until further notice. 0.00 per month in current child support 0.00 per month in past -due child support - Arrears 12 weeks or greater? 0.00 per month in current cash medical support 0.00 per month in past -due cash medical support 0.00 per month in current spousal support 0.00 per month in past -due spousal support 0.00 per month in other (mus for a Total Amount to Withhold of $ 0.00 per month. rn .(41% -r 0 Yesu rICP mca «—zrn ~^�� rn ' rr, = � r� .�_ czy > AMOUNTS TO WITHHOLD: You do not have to vary your pay cycle to be in compliance with the r rniation. If your pay eycle does not match the ordered payment cycle, withhold one of the following amount: � 0.00 per weekly pay period. 0.00 per semimonthly pay period (twice a month) � 0.00 per biweekly pay period (every two weeks) $ 0,00 per month(y pay period. � Lump Sum Payment: Do not stop any existing IWO unless you receive a termination order. REMITTANCE INFORMATION: If the employee/obligor's principal place of employment is within the Commonwealth of Pennsylvania (Staterrribe), you must begin withholding no later than the first pay period that occurs ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the pay date. If you cannot withhold the full amount of support for any or all orders for this employee/obligor, withhold up to 55% of disposabte income for alt orders. If the employee/obligor's principal place of employment is not within the Commonwealth of Pennsylvania (Gtate/Tr\be), the employer can obtain withholding |imitationo. time requirementa, and any allowable employer fees at http:Vvvvww.ecf.hhngov/pnogramn/cse/nmvvhino/emp|oyer/contacto/nontact marl h1Olfor the employee/obligor's principal place of employment. Document Tracking ldentifier Service Type M OMB No.: 0970-0154 Form EN -028 11/13 Worker ID $IATT Return to Sender [Completed by Employer/Income Withholder]. Payment must be directed to an SDU in accordance with 42 USC §666(b)(5) and (b)(6) or Tribal Payee (see Payments to SDU below). If payment is not directed to an SDU/Tribal Payee or this IWO is not regular on its face, you must check this box and return the IWO to the sender. Signature of Judge/Issuing Official (if required by State or Tribal law): Print Name of Judge/Issuing Official: Title of Judge/Issuing Official: Date of Signature: e Al eMaslen JUL Z Z LU14 If the employee/obligor works in a State or for a Tribe that is different from the State or Tribe that issued this order, a copy of this IWO must be provided to the employee/obligor. 0 If checked, the employer/income withholder must provide a copy of this form to the employee/obligor. ADDITIONAL INFORMATION FOR EMPLOYERS/INCOME WITHHOLDERS Pennsylvania law (23 PA C.S. § 4374(b)) requires remittance by an electronic payment method if an employer is ordered to withhold income from more than one employee and employs 15 or more persons, or if an employer has a history of two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676.9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, 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. State -specific contact and withholding information can be found on the Federal Employer Services website located at: http://www.acf. hhs.gov/orograms/cse/newhire/employer/contacts/contact_mao.htm Priority: Withholding for support has priority over any other legal process under State law against the same income (USC 42 §666(b)(7)). If a Federal tax levy is in effect, please notify the sender. Combining Payments: When remitting payments to an SDU or Tribal CSE agency, you may combine withheld amounts from more than one employee/obligor's income in a single payment. You must, however, separately identify each employee/ obligor's portion of the payment. Payments To SDU:. You must send child support payments payable by income withholding to the appropriate SDU or to a Tribal CSE agency.,If this IWO instructs you to send a payment to an entity other than an SDU (e.g., payable to the custodial party, court, or attorney), you must check the box above and return this notice to the sender. Exception: If this IWO was sent by a Court, Attornei,.or_Private Individual/Entity and the initial order was entered before January 1, 1994 or the order was issued by.a Tribal CS8'agency, you must follow the "Remit payment to" instructions on this form. Deporting the Pay Date: You must report the pay date when sending the payment. The pay date is the date on which the amount was withheld'from the employee/obligor's wages. You must comply with the law of the State (or Tribal law if applicable) of,the employee/obligor's principal place of employment regarding time periods within which you must implement the withholding and forward the support payments. Multiple IWOs: If there is more than one IWO against this employee/obligor and you are unable to fully honor all IWOs due to Federal, State, or Tribal withholding limits, you must honor all IWOs to the greatest extent possible, giving priority to current support before payment of any past -due support. Follow the State or Tribal law/procedure of the employee/obligor's principal place of employment to determine the appropriate allocation method. Lump Sum Payments: You may be required to notify a State or Tribal CSE agency of upcoming lump sum payments to this employee/obligor such as bonuses, commissions, or severance pay. Contact the sender to determine if you are required to report and/or withhold lump sum payments. Liability: If you have any doubts about the validity of this IWO, contact the sender. If you fail to withhold income from the employee/obligor's income as the IWO directs, you are liable for both the accumulated amount you should have withheld and any penalties set by State or Tribal law/procedure. Anti -discrimination: You are subject to a fine determined under State or Tribal law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against an employee/obligor because of this IWO. OMB Expiration Date — 05/31/2014. The OMB Expiration Date has no bearing on the termination date of the IWO; it identifies the version of the form currently in use. Form EN -028 11/13 Service Type M Page 2 of 3 Worker ID $IATT Employer's Name: MIDDLESEX TOWNSHIP Employer FEIN; 236005254 Emp)oyeo/ObUgo/mName: GARMAN, TERRY A. 7493102236 C8EAgonoyOane!denUfier(8eeAddandun/foroaaesu/n/nary) Order Identifier: (See Addendum for order/clocket information) Withholding Limits: You may not withhold more than the Iessor of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) (15 U.S.C. 1673(b)); or 2) the amounts allowed by the State or Tribe of the employee/obligor's principal place of employment (see REMITTANCE INFORMATION). Disposable income is the net income left after making mandatory deductions such as: State, Federal, Iocal taxes; SocaI Security taxes; statutory pension contributions; and Medicare taxes. The Federal limit is 50% of the disposable income tf the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family. However, those limits increase 5% - to 55% and 65% - if the arrears are greater than 12 weeks. If permitted by the State or Tribe, you may deduct a fee for administrative costs. The combined support amount and fee may not exceed the limit indicated in this section. For Tribal orders, you may not withhotd more than the amounts allowed under the law of the issuing Tribe, For Tribal withholders who receive a State IWO, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer/income withholder is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State or Tribal law, you may need to also consider the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. Arrears greaterthan 12 weeks? fthe Order Information does not indicate that thatthe arrears are greaterthan 12 weeks, then the Employer should calculate the CCPA limit using the lower percentage. Additional Information: NOTIFICATION OF EMPLOYMENT TERMINATJON OR INCOME STATUSIf thor never worked for you or you are no longer withholding income for this employee/obligor, an employer must promptly notify the CSE agency and/or the sender by retuming this form to the address Iisted in the Contact Information below: 2360052540 0 This person has never worked for this employer nor received periodic income. [] This person no longer works for this employer nor receives periodic income. Please provide the foliowing information for the employee/obligor: Termination date: Last known phone number: Last known address: Final Payment Date To SDU/TribaI Payee: Final Payment Amount: New Employer's Namo: New Employer's Address: CONTACT INFORMATION: To Employer/Income Withholder: if you have any questions, contact WAGE ATTAHMENTUN|T(|ssuername) byphone nt(717)24O-G225.byfax at(T17)24O'6248.byemail orwebsite at: vm*vv.nhi|dsupport.staAa.pa.uo. Send termination/income status notice and other correspondence to: DOMESTIC RELATIONS SECTION, 13 N. HANOVER ST,. P.O. BOX 320, CARLISLE, PA. 17013 (Issuer address). To Employee/Obligor: If the employee/obligor has questions, contact WAGE ATTACHMENT UNIT (Issuer name) byphone at(717)24V'G22S.byfax ot(717)24O-G248.byemail orwebsite otvmxmv.chUdouppod.staha.uaus. IMPORTANT: The person completing this form is advised that the information may be shared with the employee/obligor. OMB No.: 0970-0154 Service Type M Page 3 of 3Worker ID $1ATT Form EN -028 11/13 ADDENDUM Summary of Cases on Attachment Defendant/Obligor: GARMAN, TERRY A. PACSES Case Number 626111443 Plaintiff Name SHARON L. GARMAN Docket Attachment Amount 08-1163 CIVIL $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): PACSES Case Number PACSES Case Number Plaintiff Name Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): PACSES Case Number PACSES Case Number Plaintiff Name Plaintiff Name Dock t Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Service Type M Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): Addendum OMB No.: 0970-0154 Form EN -028 11/13 Worker ID $IATT