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HomeMy WebLinkAbout08-3744r SHIRLEY VALENTINE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 7 yy c rr? ( -?c< EDGAR VALENTINE, Defendant IN DIVORCE NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or 800-990-9108 SAIDIS, FLOWER & LINDSAY nnotav?s ?•uw 26 West High Street Carlisle, PA SAIDIS, FLOWER & LINDSAY id Carol JV L'indsay, s ire Attorney Id. 44 3 26 West High S reet Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff 11 SHIRLEY VALENTINE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 0e, 37W cril I f cr^ EDGAR VALENTINE, Defendant IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) or (d) OF THE DIVORCE CODE 1. The Plaintiff is Shirley Valentine, an adult individual, residing at 5 Hoover Road, Carlisle, Cumberland County, Pennsylvania. 2. The Defendant is Edgar Valentine, an adult individual, residing at 5 Hoover Road, Carlisle, Cumberland County, Pennsylvania. 3. The Plaintiff and Defendant both have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on August 27, 2004 in Mechanicsburg, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the FLOWER ? LINDSAY ATffiFrE S.ATIAW 26 West High Street Carlisle, PA parties in this or in any other jurisdiction. 6. The Plaintiff has been advised that counseling is available and that he/she has the right to request that the court require the parties to participate in counseling. 7. The marriage is irretrievably broken. m WHEREFORE, Plaintiff requests entry of a divorce decree in his/her favor in accordance with §3301 of the Pennsylvania Divorce Code. SAIDIS, FLOWERA LINDSAY Carol J. Lindsay Esquire Attorney 93 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff SAIDIS, LINDSAY enowvExs•,?uw 26 West High Street Carlisle, PA VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsifications to authorities. Shirley V lentine Date: ? 3 - b a SAMIS, FLOWER & LINDSAY ArrotNEls.Aruw 26 West High Street Carlisle, PA n? - c t -.? ? t_? n .?:.. l t/? 1 A V i rti ? .;-1 ? ? ° ' ` "? _:i?7 ?? r ?.. SHIRLEY VALENTINE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 08-3744 CIVIL TERM EDGAR VALENTINE, Defendant IN DIVORCE ACCEPTANCE OF SERVICE I, Susan K. Candiello, Esquire, accept service of the Complaint in Divorce in the SAMIS, FLOWER -&L LP4DSAY 26 West High Street Carlisle, PA above-captioned matter and certify that I am authorized to do so. bl'zolo Dat Susan K. Candiel 4010 Glenfirydin- Mechanicsbka,4 ire A 17055-6771 JUL 0 3 Zoos ? c? SHIRLEY VALENTINE, PLAINTIFF vs. EDGAR VALENTINE, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA NO. 08-3744 CIVIL TERM CIVIL ACTION -LAW ACTION FOR DIVORCE PETITION TO COMPEL DISCOVERY AND NOW, comes the Defendant, EDGAR VALENTINE, by and through his counsel, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.C., and makes the following petition to Compel Discovery. 1. Defendant is EDGAR VALENTINE, an adult individual, who currently resides at 5 Hoover Road, Carlisle, Cumberland County, Pennsylvania, 17015. 2. Plaintiff is SHIRLEY JOAN VALENTINE, an adult individual, whose current address is unknown. 3. This divorce involves complicated and extensive documentation to enable the Defendant to learn how and what the Plaintiff has done with marital assets. 4. October, 2008, counsel for Plaintiff and counsel for Defendant agreed to a free sharing of information and to schedule a four (4) way meeting. 5. January, 2009, following no responses from the Plaintiff, the Defendant sent interrogatories to the Plaintiff. 6. Plaintiff complained there were too many interrogatories. 7. Defendant sent two (2) sets of Interrogatories, due to the extensive amount of information which was needed to accurately assess what had occurred during the marriage. i • 8. Plaintiff again complained the amount of information requested was too much. 9. April, 2009, Defendant, sent a request for a minimal amount of information, to begin to move this divorce process forward. 10. Despite numerous verbal and written requests, not one piece of information has been provided by the Plaintiff. 11. During this time Plaintiff has made three (3) different allegations of criminal behaviour against Defendant and his son, which were subsequently withdrawn or dismissed by the court. 12. During this time Plaintiff has taken additional monies from accounts in only the Defendant's name and other joint accounts. 13. Petitioner has to date and upon information and belief, will continue to expend attorney's fees and expenses to obtain the discovery required by the Rules of Civil Procedure. WHEREFORE, Petitioner prays this Honorable Court to issue a Rule upon Respondent to show cause why discovery should not be compelled and why Respondent should not pay Petitioner's reasonable attorneys' fees and expenses incurred in obtaining the discovery requested. Respectfully submitted, LAW FIRM OF SUSAT.4,KAY CANDIELLO, P. Dated: October 13, 2009 Counsel for Defe dant PA I.D. # 64998 4010 Glenfinnan Pl Mechanicsburg PA 17055 (717) 724-2278 Fit PD-01?7-1;"CEZ OF T : HI P'-'?" `-Al 2009 OC T 14 Pty i2: ? 4 ify SHIRLEY VALENTINE, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. EDGAR VALENTINE, DEFENDANT NO. 08-3744 CIVIL ORDER OF COURT AND NOW, this 19th day of October, 2009, upon consideration of the Petition to Compel Discovery filed by the Defendant, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Plaintiff to show cause why the relief requested should not be granted; 2. The Plaintiff will file an answer on or before November 30, 2009; 3. The Prothonotary is directed to forward said Answer to this Court. 4. A hearing on the matter will be held on Wednesday, January 20, 2010, at 3:00 p.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, M. L. Ebert, Jr., J. /arol J. Lindsay, Esquire Attorney for Plaintiff Asan Kay Candiello, Esquire Attorney for Defendant J bas 2r1 9 0 I cif 2:28 SHIRLEY VALENTINE, Plaintiff V. EDGAR VALENTINE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-3744 CIVIL TERM IN DIVORCE PLAINTIFF'S ANSWER TO DEFENDANT'S PETITION TO COMPEL DISCOVERY AND NOW, comes Shirley Valentine by and through her counsel, Saidis, Flower & Lindsay, and answers the Petition to Compel Discovery as follows: 1. Admitted. 2. Denied that Defendant does not know Plaintiff's address. By way of further answer, Plaintiff resides at 1142 Pheasant Drive, North, Carlisle, Pennsylvania 17013. 3. Denied. By way of further answer, the instant divorce action involves the marital estate including real estate. 4. Admitted. 5. On or about March 23, 2009, counsel for Defendant served on Plaintiff's counsel SAMIS, LINDSAY ATIORNM-AT.IAW 26 West High Street Carlisle, PA a Request for Production of Documents seeking five years worth of documents in 30 different categories. A copy of the Request for Production of Documents is attached hereto as Exhibit "A". In addition, at the same time, Defendant's counsel sent Interrogatories, the number of which exceeded by at least five times the number permitted under Local Rule 4005-1. Counsel for Plaintiff so advised Defendant's counsel on March 25, 2009. 6. Admitted. Admitted that Defendant sent two sets of Interrogatories, the two sets together which more than five times exceeded the number of Interrogatories permitted under Local Rule Admitted that in April 2009, Defendant reduced the number of Interrogatories requested, but the request still exceeded the number permitted by Local Rule 4005-1. Admitted that there has been no response to the discovery request at present. After reasonable investigation, the undersigned is without information sufficient to form a belief as to the truth of the averment in paragraph 11. By way of further answer, however, either Defendant or his son impermissibly gained access to Plaintiff's account information via the internet. Denied that Plaintiff has taken monies from accounts in only the Defendant's name "during this time." Strict proof is demanded at trial. No answer required. NEW MATTER The answers in paragraphs 1 through 13 above are incorporated herein by The Interrogatories propounded and the documents requested are burdensome, irrelevant and exceed those permitted by the Rules of Civil Procedure. 16. Plaintiff has been significantly ill, unable to work and to produce the exhaustive SAIDIS, FLOWER & discovery requested by Defendant. LINDSAY ATMP.NnS-AT-1A° 17. Nevertheless, Plaintiff has provided to her counsel substantial documents 26 West High Street Carlisle, PA although not all of those requested. Plaintiff believes and therefore avers that she will be able to provide an answer to the Interrogatories and the documents requested which she has in her possession by SAIDIS, FLOWER & LINDSAY ATIORNM-AMAW 26 West High Street Carlisle, PA WHEREFORE, Petitioner prays this Honorable Court to dismiss the Petition. November 30, 2009 Respectfully submitted, ER & LINDSAY Carol J. Lin -ay sl Attorney Id. 93 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff December 30, 2009. VERIFICATION SAIDIS, FLOWER & LINDSAY ATIORNM-AT1AW 26 West High Street Carlisle, PA Lindsay, attorney for Shirley Valentine, verify that the statements made in the foregoing document are true and correct and certify that I am authorized to do so, and that the person having knowledge of matters alleged in this pleadings is outside the jurisdiction of the Court and her Verification cannot be obtained within the time allowed for filing the pleading understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. SHIRLEY VALENTINE, PLAINTIFF VS. EDGAR VALENTINE, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : NO.08-3744 CIVIL TERM : CIVIL ACTION -LAW : ACTION FOR DIVORCE FIRST REQUEST FOR PRODUCTION OF DOCUMENTS Pursuant to Rule 4009.11 of the Pennsylvania Rules of Civil Procedure, the above-named Defendant, by and through his undersigned counsel, hereby demands that the party to whom this Request for Production of Documents is addressed answer fully, in writing, and under oath, with the signed Verification attached hereto, the following Document Requests, and make available for inspection and copying all documents responsive to these Document Requests, within thirty (30) days as prescribed by Rule 4009.12 of the Pennsylvania Rules of Civil Procedure. DEFINITIONS AND INSTRUCTIONS Unless negated by the context of the Document Request, the following definitions are to be considered to be applicable to all interrogations contained herein: (A) "Documents" is an all-inclusive term, referring to any writing and/or recorded or graphic matter, however produced or reproduced. The term "Documents" includes without limitation, correspondence, memoranda, interoffice communications, minutes, reports, notes, schedules, analyses, drawings, diagrams, invoices, purchase orders, pleadings, questionnaires, contracts, bills, checks, drafts, diaries, logs, proposals, print-outs, recordings, telegrams, films, tax returns, and financial statements, and other such documents, tangible or retrievable of any kind. "Documents" also include any preliminary notes and drafts of all the foregoing, in whatever form, for example, printed, typed, longhand, shorthand, on paper, paper tape, tabulating picture film, phonograph records, or other form. (B) With respect to documents, the term "Identify" means to give the date, title, author, and addresses; "Identify" with respect to documents further means: (i) To describe a document sufficiently well to enable the interrogator to know what such document is and to retrieve it from a file or wherever it may be located; (ii) To describe it in a manner suitable for use as a description in a subpoena; and (iii) To give the name, address osition or title of the person(s) who has custody of the document and/or copies thereof. PLAINTIFF'S 11 EXHIBIT (C) Whenever the expression "and/or" is used in these interrogatories, the information called for should be set out both in the conjunctive and disjunctive, and wherever the information is set out in the disjunctive, it should be given separately for each and every element sought. (D) No answer is to be left blank. If the answer to a Document Request or subparagraph of a Document Request is "none" or "unknown," such statement must be written in the answer. If the question is inapplicable, "N/A" must be written in the answer. (E) These Document Requests are continuing, and any information secured subsequent to the filing of your answers which would have been includable in the answers had it been known or available, are to be supplied by supplemental answers. (F) If additional space is required for an answer, attach supplemental answer sheets, which clearly identify the Document Request number. (G) If you object to any Document Request, or if any information responsive to any Document Request is withheld based on any claim or privilege or protection from discovery of any kind, describe generally the information withheld, state the privilege being relied upon, and identify all persons or entities who have or have had access to said information. If you refuse to provide any document on the basis of a claim of privilege or protection from discovery or any kind, with respect to each such document, set forth the following information: (1) The date of the document; (2) its author(s); (3) all recipients of the document; (4) the present location and custodian of the document; and (5) the basis for the claim of privilege or protection from discovery. To the extent that the claim of privilege or protection applies only to a portion of the responsive documents, all portions for which privilege or protection are not claimed must be produced. (H) The terms "you" and "your" include, without limitation, Defendant, and his agents or other representatives acting or purporting to act on his behalf or at his direction. DOCUMENT REQUESTS 1. All Federal and State Tax Returns Filed by you or on your behalf, either individually or jointly with any other person(s) or entity(ies) for the past five (5) calendar years. 2. Documents sufficient to show your current income. 3. All documents reflecting all income received by you, either individually or jointly with any other person(s) or entity(ies), for the past five (5) calendar years. 4. All documents evidencing or reflecting any interest in any entity that you presently hold or that you have held at any time during the past five (5) calendar years, either individually or jointly with any other person(s) or entity(ies). 5. To the extent not encompassed by the above, any other documents reflecting income received by you during the past five (5) calendar years, including, but not limited to, income from any of the following: a. Dividends b. Interest (including interest on tax-exempt securities) c. Partnerships in which you are a partner d. Pensions or annuities e. Consulting fees f. Director fees g. Advisor fees h. Profit on sale of assets reported on Schedule "D" of your Federal Income Tax Returns i. Business income (reflected on Schedule "C" of your Federal Income Tax Returns) j. Unemployment compensation k. Disability income payments 1. Buy out or pay out from a business or professional group, association, partnership, or corporation b. All documents reflecting or evidencing all perquisites and/or other benefits that you receive through any wage or income-producing activities in which you are engaged or have been engaged during the past five (5) calendar years, including, but not limited to: a. Deferred salary plan b. Cash bonus plan c. Deferred profit sharing d. Short-term deferred income e. Stock bonus plan f. Stock purchase plan g. Stock options h. Incentive growth funds i. Phantom stock j. Life insurance k. Health insurance 1. Disability insurance m. Pension n. Retirement plan other than pension o. Savings plan p. Retirement gratuities q. Annuity contracts r. Minimum annual income guaranty s. Business and/or professional membership t. Company-provided and/or subsidized vehicle u. Company-provided and/or subsidized travel v. Gym and/or recreational facility membership w. Club membership x. Entertainment expenses (including, but not limited to, meals, theater, and sporting events) y. Personal and/or business-related legal fees z. First-class air travel aa. Frequent-flyer miles program bb. Low-interest or no interest loans cc. Company-provided and/or subsidized housing dd. Personal use of expense accounts and/or credit cards ee. Paid vacations ff. Accompaniment of spouse and/or friend at business meetings or conventions gg. Fee products and/or discounts 7. All documents evidencing, reflecting, or relating to any pension, IRA or other retirement accounts in which you presently have an interest or in which you had an interest at any time during the past five (5) calendar years, including, but not limited to, all statements reflecting the current value thereof and any transfers or withdrawals therefrom. 8. All statements from all bank accounts, including, but not limited to, money-market accounts and certificates of deposit, in which you presently have any interest or in which you had an interest at any time during the past five (5) calendar years, either individually or jointly with any other person(s) or entity(ies). 9. All financial statements completed by you, in either a personal or professional capacity, during the past five (5) calendar years. 10. All mortgage, liens, personal/business lines of credit, personal/business loans, applications prepared by you, either individually or jointly with any other person(s) or entity(ies), during the past five (5) years. 11. Copies of any and all leases, deeds, mortgages, and settlement sheets with regard to any real property owned by you, either individually or jointly with any other person(s) or entity(ies) during the past five (5) calendar years. 12. All documents evidencing, reflecting, or relating to all life insurance policies for which you were either the owner, the insured, and/or the beneficiary during the past five (5) calendar years, including, but not limited to, the current cash surrender value of all whole life policies. 13. To the extent not encompassed by the foregoing requests, all documents reflecting or evidencing all income derived during calendar years 2004 through the present from any business operated by you and/or your current spouse, including, but not limited to, evidence of any benefits that you have received, including car payments, automobile insurance, travel, cellular phone, memberships, or health insurance. 14. All checking accounts in your name individually, with another, as trustee or guardian, or in which you may have an interest, including checkbooks or check registers, deposit slips, monthly statements and cancelled checks (regardless of whether or not the account or accounts have been closed) from 2004 through the present. 15. All savings account, credit union or other passbooks of yours, including those held by you in your name or in your name jointly with any person or entity, or in your name as trustee for any other person, from 2004 through the present to date (regardless of whether or not the account or accounts have been closed), including any such accounts in your name as custodian for any minor under the Uniform Gift to Minors Act or otherwise and showing any and all savings deposits of every kind and nature. 16. All records pertaining to real estate in which you have acquired or may have acquired an interest during the past five (5) calendar years, including any leases or mortgages related thereto (including monthly payments and present outstanding balance of principal and interest), together with any evidence showing all contributions in cash or otherwise made by you to the acquisition of such real estate. 17. Copies of all sales agreements and/or options for any real estate owned by you and those held by you in your name or in your name jointly with any other person or in your name in trust or in your name as guardian for any other person. 18. Copies of any and all brokerage account statements or securities owned by you individually, jointly with any person or entity, or as trustee, guardian or custodian, from 2004 through the present, including in such records dates of purchase and amounts paid for such securities. 19. Copies of any and all securities and investments owned by you and not reflected in any brokerage account records or statements. 20. All records indicating all interest of any kind held by you in any and all corporations (foreign or domestic) or any other entities not evidenced by certificates or other instruments. 21. All records pertaining to stock options in any corporation or other entity, exercised or not yet exercised. 22. Copies of all mortgages, notes receivable or other evidence of debts due you individually, or otherwise, executed or payable from 2004 through the present. 23. All records relative to all inter vivos trusts from which benefits have been received, are being received or will be received by you, whether such trusts are revocable or irrevocable. 24. Copies of all financial statements, balance sheets and income statements received by you with respect to any and all proprietorships, joint ventures, partnerships, realty trusts, corporations or other legal entities in which you hold a legal or equitable ownership interest, individually or otherwise from 2004 through the present. 25. Copies of all partnership and/or joint venture agreements to which you are a party. 26. Copies of declarations of trust, and minute books for all trusts, to which you are a party. 27. Copies of all corporate records (articles of organization, by-laws and minute books) for every corporation in which you have a legal or equitable ownership interest. 28. All books and records showing any fringe benefits available to you from any business entity in which you have a legal or equitable ownership interest, including without limitation, auto expenses; travel expenses; personal living and entertainment expenses; bonuses; and life, health, accident and hospital insurance. 29. All records, bills, and invoices pertaining to the expenses and gross receipts relating to the conduct of the business in which you have an interest, for the years 2004 through the present, together with any supporting documents including, but not limited to, invoices, bills, receipts, checks, and other accounting records dealing with your accounts payable and accounts receivable for the years in question. 30. All insurance policies of whatever kind currently in effect and those which have been in force during the five (5) previous calendar years, together with any records indicating whether or not a claim has been made by you or anyone on your behalf relating to any of the policies enumerated. Dated: March 23, 2009 LAW FIRM OF Susan Kay Cand Counsel for De PA I.D. # 649 8 4010 Glenfmn (717) 724-2278 VERIFICATION Y Mechanicsburg PA 17055 , P.C. The undersigned verifies that the Answers contained herein are true and correct. The undersigned understands that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unworn falsification to authorities. Date: SHIRLEY VALENTINE, Plaintiff CERTIFICATE OF SERVICE hereby certify that on this 30th day of November, 2009, a true and correct copy of the foregoing document was served upon the party listed below, via First Class Mail, postage prepaid, addressed as follows: Susan K. Candiello, Esquire 4010 Glenfinnan Place Mechanicsburg, PA 17055-6771 SAIDIS, FLOWER & LINDSAY Carol J. Lin say, squire Supreme ourt No.44693 26 West Hig Street Carlisle, PA 17013 717-243-6222 SAIDIS, FLOWER & LINDSAY ATMRNM-AT•[AW 26 West High Street Carlisle, PA r "Y ZD 4 Na F e SHIRLEY VALENTINE, : IN THE COURT OF COMMON PLEAS PLAINTIFF : OF CUMBERLAND COUNTY, : PENNSYLVANIA VS. NO.08-3744 CIVIL TERM EDGAR VALENTINE, CIVIL ACTION -LAW DEFENDANT ACTION FOR DIVORCE ' MOTION TO CO NTINUE AND RE-SCHEDULE -'= =< AND NOW, comes the Defendant, EDGAR VALENTINE, by and through his counsel , Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.C., and makes the following Motion to Continue and Reschedule. 1. Defendant is EDGAR VALENTINE, an adult individual, who currently resides at 5 Hoover Road, Carlisle, Cumberland County, Pennsylvania, 17015. 2. Plaintiff is SHIRLEY JOAN VALENTINE, an adult individual, whose current address is unknown. 3. Defendant has been unable to obtain any information from the Plaintiff, to be utilized to move forward to an offer of settlement in the above identified divorce. 4. A hearing to obtain that information was scheduled at Defendant's request for January 20th at 3:00 p.m. 5. January 18th, 2010, the Plaintiff delivered to the Defendant's counsel three (3) boxes of materials. 6. Defendant is requesting the hearing scheduled for January 20th, be continued indefinitely until Defendant has had the opportunity to review the materials provided by the Plaintiff. 7. Plaintiff's counsel joins in requesting this hearing be continued indefinitely and rescheduled if neccessary. WHEREFORE, Defendant, EDWARD VALENTINE, requests the hearing be continued and rescheduled. LAW FIRM OF SUSAN KAY CANDIELLO, P.C. Dated: January 25, 2010 -S-u-san Kay Candie ; Counsel for De ndant PA I.D. # 649 8 4010 Glenfinn e Mechanicsburg PA 17055 (717) 724-2278 SHIRLEY VALENTINE, PLAINTIFF VS. EDGAR VALENTINE, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA NO. 08-3744 CIVIL TERM CIVIL ACTION -LAW ACTION FOR DIVORCE CERTIFICATE OF SERVICE I, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, attorney for the Defendant, Edward Valentine, hereby certify I have served a copy of the foregoing Motion to Continue and Re-Schedule on the following date and in the manner indicated below: U.S. First Class Mail, Postage Pre-Paid Carol J. Lindsay, Esquire Saidis, Flower and Lindsay 26 West High Street Carlisle, PA 17013 Date: January 25, 2010 4010 Kay Mechanics g, P 17055 Telephone 7.724.2278 f 4 [JAN 2 8 2010 SHIRLEY VALENTINE, : IN THE COURT OF COMMON PLEAS PLAINTIFF : OF CUMBERLAND COUNTY, : PENNSYLVANIA VS. NO. 08-3744 CIVIL TERM EDGAR VALENTINE, CIVIL ACTION -LAW DEFENDANT ACTION FOR DIVORCE ORDER th AND NOW, this day of 7gy? , 2010, upon consideration of the attached petition, it is hereby directed the hearing scheduled for the 20'' of January, 2010, at 3:00 p.m. is continued indefinitely and will be rescheduled upon the receipt of a request from the Defendant, Edgar Valentine. BY THE COURT: J. A4 K ? ~ ~.,, I~.F i, SHIRLEY VALENTINE, ~~' ~ ~~~ ~ ~ j IN THE COURT OF COMMON PLEAS Plaintiff ra~.+ ~' `MBERLAND COUNTY, PENNSYLVANIA v CUtrl~, - ~ .~.;;JI~fIVIL ACTION -LAW NO.08-3744 CIVIL TERM EDGAR VALENTINE, Defendant IN DIVORCE PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: Please withdraw my appearance as counsel of record for the Plaintiff, Shirley Valentine. Respectfully submitted. SAIDIS. FLOWED-&.L-F~IDSAY Carol J. Lind~ayj Esquire Supreme C ID No. 44693 26 West High Street Carlisle, PA 17013 717-243-6222 PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Plaintiff, Shirley Valentine, in the above FLOWER bZ LIlVDSAY 2G West High Street Cazlisle, PA captioned case. Shirley Val ne, pro se 1142 Phe cant Drive, North Carlisle, PA 17013 Dated: ~ ~(Qr~~ CERTIFICATE OF SERVICE I hereby certify that on this ~~ day of ~ .~, p,~ , 2010, a true and correct copy ""- T ~ of the foregoing document was served upon the party listed below, via First Class Mail, postage prepaid, addressed as follows: Susan K. Candiello, Esquire 4010 Glenfinnan Place Mechanicsburg, PA 17055-6771 SAIDIS, FLOWER & LINDSAY Carol J. Lindsa , squire `' Supreme Cou ID No. 44693 26 West High reet Carlisle, PA 17013 717-243-6222 SAIDIS, N~OWER ~ LIlVDSAY 26 West High Street Carlisle, PA OF THE PROTOHOFF NOTARY 2010 K011 18 PM 3: 01 CUMBERLAND COUNTY P£NHSYLVANIA esp y ,b ,btu SHIRLEY VALENTINE, Petitioner/Plaintiff V. EDGAR VALENTINE, Respondent/Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008 - 3744 CIVIL TERM IN DIVORCE PETITION FOR ALIMONY PENDENTE LITE AND NOW, comes SHIRLEY VALENTINE, by and through her attorneys, IRWIN & McIC'4IGHT, P.C., and petitions this Honorable Court as follows: 1. The Petitioner/Plaintiff is SHIRLEY VALENTINE who currently resides at 1142 Pheasant Drive North, Cumberland County, Pennsylvania 17013. 2. The Respondent/Defendant herein is EDGAR VALENTINE who currently resides at 5 Hoover Road, Cumberland County, Pennsylvania 17015. 3. Petitioner and Respondent were married on August 27, 2004, in Cumberland County, Pennsylvania and were separated on June 21, 2008. 4. Petitioner is without the ability to earn income sufficient to meet her reasonable needs. WHEREFORE, Petitioner, Shirley Valentine, respectfully requests that this Honorable Court order alimony pendente lite in an amount equal to the Pennsylvania State Support Guidelines. Respectfully submitted, IRWIN & Mc?TIGHT, P.C. By: Marcus A. McKni t, I, Esquire 60 West Pomfret Street Carlisle, PA 17013 Supreme Court I.D. No: 25476 (717) 249-2353 Attorney for the petitioner/plaintiff Date: November 18, 2010 2 VERIFICATION The foregoing document is based upon information, which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. SHIRL ALENTINE Date: November 18, 2010 ? f OF THE OTNONOTP%Py 1010 K10y 18 PH 3: 02 "UMSERLAND COUNT;' ?ENf1lS"r LVA NIA SHIRLEY VALENTINE, Plaintiff V. EDGAR VALENTINE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008 - 3744 CIVIL TERM IN DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE To The Prothonotary: Please enter my appearance on behalf of the Plaintiff, SHIRLEY VALENTINE, in the above captioned case. By: Respectfully IRWIN & Hap4PHT, P.C. 60 W Carlisld, Pennsylvania 17013 (717) 249-2353 Attorney for Plaintiff uire Date: November 18, 2010 SHIRLEY VALENTINE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW EDGAR VALENTINE, NO. 2008 - 3744 CIVIL TERM Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached Praecipe for Entry of Appearance was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Susan Kay Candiello 4010 Glenfinnan Place Mechanicsburg, PA 17055 IRWIN & McKNJCHT, P.C. By: 60 West Pomfret Sfr?ekt e! f . Carlisle, PA 17013 (717) 249-2353 Supreme Court I.D. No. 25476 Date: November 18, 2010 SHIRLEY VALENTINE, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLV ANIA VS CIVIL ACTION - DIVORCE C=D . NO. 2008-3744 CIVIL TERM ¢ EDGAR VALENTINE, IN DIVORCE T r\) Defendant/Respondent PACSES CASE: 524112090 F ORDER OF COURT ` AND NOW, this 22nd day of November, 2010, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby ordered that the parties and their respective counsel appear before R. J. Shadday on December 20, 2010 at 1:30 P.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11© (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you. If you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. Copies mailed to: Petitioner Respondent Marcus A. McKnight, III, Esq. Susan K. Candiello, Esq. Date of Order: November 22, 2010 BY THE COURT, F, 00, Albert . Masland, Judge YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 SHIRLEY VALENTINE vs. EDGAR VALENTINE Plaintiff IN THE COUNT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 3744 2008 Defendant rTtco ? ® ="°7 MOTION FOI+; APPOINTMENT OF IVIASTER EDGAR VALENTINE Defendant moves the court to appoint a master with resto .-.. Q ? the following claims: ?X Divorce ?X Distribution of Property r-X *= w -0 - tp =`n E] Annulment [I Support =CC') C*3 ? Alimony ? Counsel Fees , C -- ? ? Alimony Pendente Lite ? Costs and Expenses ? ? ---1 and in support of the motion states: w CO 1. Discovery is complete as to the claims (s) for which the ap mtment of a master is requested. 2. The defendant has appeared in the action (person lly) (by his attorney,_ Susan Kay Candiello, 3. The staturory ground (s) for divorce is Section 3301(c) of the Divorce Code. 4. Delete the inapplicable paragraph (s): AE] BE] C d a. The action is not contested. b. An agreement has been reached with respect to the i Mowing claims: NONE C. The action is contested with respect to the following claims: The Division of Marital Property 5. The action does not involve complex issues of low or fact. 6. The hearing is expected to take One (1) 7. Additional information, if any, relevant to the motion: days Esquire). Neither party is in good health. Date: December 10, 2010 C' Attorney for D fen Susan Kay Can 'ell Print Name ORDER APPOINTING MASTER AND NOW 20 is appointed master with respect to the following claims: By the Court, Esquire, C J. (f DEC SHIRLEY VALENTINE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. EDGAR VALENTINE ; NO. 3744 20 08 C -A e- rv r? 'r I Defendant r'rt q - MOTION FOR APPOINTMENT OF MASTER =? ? = EDGAR VALENTINE Defendant moves the court to appoint a master with res t(b the following claims: X? Divorce ?X Distribution of Property R".. •C?7 W C1 p -? ? Annulment ? Support = CD ? Alimony ? Counsel Fees ':7 ? Alimony Pendente Lite ? Costs and Expenses W and in support of the motion states: ..,1 00 I . Discovery is complete as to the claims (s) for which the appointment of a master is requested. -"? 2. The defendant has appeared in the action (personally) (by his attorney,_ Susan Kay Candiello, , Esquire). 3. The staturory ground (s) for divorce is Section 3301(c) of the Divorce Code. 4. Delete the inapplicable paragraph (s): AE] BE] C ? a. The action is not contested. b. An aereement has been reached with resnect to the followine claims: NONE C. The action is contested with respect to the following claims: The Division of Marital Property 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take One (1) 7. Additional information, if any, relevant to the motion: Neither party is in good health. Date: December 10, 2010 days Attorney for Defen Susan Kay Candiel Print Name r? ORDER APPOINTING MASTER cr_ a -- JF V C C) Z OQ ' r-: Wye iz AND NOW / 20 10 Esquire, r is.appointed master with respect to the following claims: ,/l"Itu( By the L n > G? C= 77; 1z a_ a4 w1to J. l? OF THE PRO FILED-OFFICE ? j£ ? , 2010 DEC 20 M11:04 SHIRLEY VALENTINE, PENNSYLV Co THE COURT OF COMMON PLEAS PLAINTIFF A 1F CUMBERLAND COUNTY, : PENNSYLVANIA VS. NO. 08-3744 CIVIL TERM EDGAR VALENTINE, CIVIL ACTION -LAW DEFENDANT ACTION FOR DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE Please enter my appearance on behalf of the Defendant, Edgar Valentine. Respectfully submitted, Dated: December &, 2010 Susan Kay Car Counsel for D PA I.D. # 649 4010 Glenfinn Mechanicsburg, PA 17055 (717) 724-2278 ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT 08-3744 CIVIL State Commonwealth of Pennsylvania x0 Original Order/Notice Co./City/Dist. of CUMBERLAND OAmended Order/Notice Date of Order/Notice 12/20/10 0Terminate Order/Notice Case Number (See Addendum for case summary) OOne-Time Lump Sum/Notice RE: VALENTINE, EDGAR Employer/Withholder's Federal EIN Number Employee/Obligor's Name (Last, First, MI) 090-34-6221 Employee/Obligor's Social Security Number SOCIAL SECURITY ADMINISTRATION 2761102350 STE 1 Employee/Obligor's Case Identifier 200 S SPRING GARDEN ST (See Addendum for plaintiff names CARLISLE PA 17013-2578 associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ o. oo per month in current child support $ o. oo per month in past-due child support Arrears 12 weeks or greater? O s ? n6v $ 0.0o per month in current medical support -OZ 0 - I $ o.oo per month in past-due medical support m rr n -n ,-71 $ 464.00 per month in current spousal support Xr;.1 r7 -ar-- $ 46.00 per month in past-due spousal support -<> CD $ o . oo per month for genetic test costs +- -1: --4C) $ o . oo per month in other (specify) t $ one-time lump sum payment - C: 3 `mo for a total of $ 51o . oo per month to be forwarded to payee below. TY,? c 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: $ 117.37 per weekly pay period. $ 255.00 per semimonthly pay period (twice a month) $ 234.74 per biweekly pay period (every two weeks) $ 510 - 00 rY _ 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. BY THE COURT: r* -t ??v ? / M. L. EBERT, JR., DRO: R.J. Shadday Form EN-028 Rev.5 Service Type M OMB No.: 0970-0154 Worker ID $OINC ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS I h en ecketl you are required to provide a copy of this form to your m loyee. If yoUr employee works in a state tha is r ert ftrom the state that issued this order, a copy must be provisedpto 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. 8384100092 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : C3 THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: O EMPLOYEE'S/OBLIGOR'S NAME: VALENTINE, EDGAR EMPLOYEE'S CASE IDENTIFIER: 2761102350 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. Antidiscrimination: 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 DATE OF SEPARATION: If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at 717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Rev.5 Service Type M OMB No.: 0970-0154 Worker ID $OINC ADDENDUM Summary of Cases on Attachment_ Defendant/Obligor: VALENTINE, EDGAR PACSES Case Number 524112090 Plaintiff Name SHIRLEY A. VALENTINE Docket Attachment Amount 2008-3744 CIV$ 510.00 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 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.S Service Type M O $OINC MBNo.:0970-0154 Worker ID SHIRLEY A. VALENTINE, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVAN IA,,,,, VS. CIVIL ACTION -DIVORCE zt cra r~ ? rat NO. 08-3744 CIVIL TERM tv EDGAR VALENTINE, IN DIVORCE Defendant/Respondent PACSES CASE: 524112090 ?-? > N e? _wti U.7 ORDER OF COURT AND NOW, this 20th day of December, 2010, based upon the Court's determination that the Petitioner's monthly net income/earning capacity is $ 1,208.00 and the Respondent's monthly net income/earning capacity is $ 2,667.12, it is hereby ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit Five Hundred Ten and 00/100 Dollars ($ 510.00) per month payable monthly as follows: $ 464.00 per month for Alimony Pendente Lite and $ 46.00 per month on arrears. First payment due: in accordance with Respondent's pay schedule. The effective date of the order is November 18, 2010. Arrears set at $ 662.31 as of December 20, 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: Shirley Valentine. 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 J 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 St of the year following the calendar year in which the final medical bill to be allocated was received. The unreimbursed medical expenses are to be paid as follows: 0 % by 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 considers a downward deviation based upon the Respondent making the mortgage payment on the marital home. 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 Office of the Prothonotary for a hearing de novo before the Court. Consented: Petitioner Respondent Marcus A. McKnight, III, Esq. Susan K. Candiello, Esq. DRO: R.J. Shadday Petitioner Respondent Mailed copies on: December 21, 2010 Petitioner's Attorney Respondent's Attorney BY THE COURT Albert H. Masland, J. Tye P;?0 MQN ,: ""' JIN 16 Ah 11: C?!; GU1111ERLANU CGU1 F ., PENNS YL VA f, I,? SHIRLEY VALENTINE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW EDGAR VALENTINE, NO. 2008 - 3744 CIVIL TERM Defendant IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 2008. 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on June 24, 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. I consent to the entry of a final decree in divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Date: SHIRLEY ENTINE Plaintiff r, FILED-OFFICE o.. THE PROTHO No lit ; 2011 JUtJ 16 AM 11: L 0? UUMBERLAND UOUHry PENNSYLVANIA SHIRLEY VALENTINE, Plaintiff V. EDGAR VALENTINE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008 - 3744 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 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 affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: --4? " 4,; e4-, SHIRLEY VALENTINE Plaintiff rIT T' r- ILED-OFFICt:- l0 C;(1JJ8ERLAj,jU G i 7* PENNS YLIIVA. p; ; t 1-U11 JUN 16 AM li: nn SHIRLEY VALENTINE, Plaintiff V. EDGAR VALENTINE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008 - 3744 CIVIL TERM IN DIVORCE DEFENDANT'S MARRIAGE COUNSELING AFFIDAVIT The defendant, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: / Y co, / 7 L EDGA VALENTINE Defendant -?po T116 9n { t . CU11gER { ?. P`N)VSYLVA'I r E "JUN 16 AM 11 r ? SHIRLEY VALENTINE, Plaintiff V. EDGAR VALENTINE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008 - 3744 CIVIL TERM IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on June 24, 2008. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. I consent to the entry of a final decree in divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unswom falsification to authorities. Date: J zr4 EDG ALENTINE Defendant rar TH P OTC.41p "'11BERLANL) CiUti ,, PENNSYLVANIA 2011 JUN 16 An 10: ?q SHIRLEY VALENTINE, Plaintiff V. EDGAR VALENTINE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008 - 3744 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 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 divorc; is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. r Date: EDGA ALENTINE Defendant .t SHIRLEY VALENTINE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSY&V,"IA`; V. CIVIL ACTION - LAW ;r ° r- r 71 EDGAR VALENTINE, NO. 2008 - 3744 CIVIL TERA - C-0 E :f Cz Defendant r IN DIVORCE -? i _ Z Z NOTICE OF INTENTION TO RETAKE AND USE PRIOR NAME I, SHIRLEY VALENTINE, hereby give notice, avowing my intention to resume and hereafter use my prior surname, to wit: SHIRLEY JOAN ARNOLD, in accordance with the provisions of the Act of December 16, 1982, P.L. 1309, No. 295, Section 704(a) (54 Pa. C.S.A. 704(a). My divorce is docketed to No. 2008 - 3744 Civil Term. I verify that the statements made in this document are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 13th day of October 2011. _::j" eo_"'al Ko-?4?'OEAL) SHIRLE OLD VALENTINE TO BE KNOWN AS: (SEAL) 'J ", 4w",L a-"4O( SHIRLE JO ARNOLD 1111.00 PA-401 MC&A a-k- 74& 1L.4" J- 65,9 I . • jo COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND . SS: PERSONALLY APPEARED BEFORE ME, this 13th day of October 2011, a Notary Public, in and for the Commonwealth of Pennsylvania and County of Cumberland, SHIRLEY VALENTINE, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Notice of Intention to Retake and Use Prior Name, and acknowledges that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my and official seal. 0;7", COMMORAMALTH OF PENNSYLVANIA rlal Seal Marcus A. M ht III, Notary Public Carl , Cumberland County BOW Oct. 10, 2013 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION SHIRLEY A. VALENTINE Plaintiff vs. Docket Number: PACSES Case Number: Other State ID Number: 2008-3744 CIV EDGAR VALENTINE Defendant Order 524112090 AND NOW to wit, this NOVEMBER 8, 2011 it is hereby Ordered that: PURSUANT TO THE PARTIES' MARITAL SETTLEMENT AGREEMENT AS PRESENTED BEFORE THE DIVORCE MASTER ON OCTOBER 13, 2011, THE ALIMONY PENDENTE LITE ORDER IS TERMINATED, EFFECTIVE OCTOBER 31, 2011. THE ABOVE CAPTIONED CASE IS CLOSED WITH A CREDIT/OVERPAYMENT OF $307.69. 3 "} x M 70 o •c i= -om ?D ? Q© -+ o -r 5:c-- rv M BY THE COURT: 'Nbert,.H. Maslotd JUDGE Form OE-520 02/11 Service Type M Worker ID 21205 SHIRLEY VALENTINE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 08 - 3744 CIVIL NO. 08 - 3768 CIVIL EDGAR VALENTINE, Defendant IN DIVORCE THE MASTER: Today is Thursday, October 13, 2011. This is the date set for a conference in the above-captioned divorce proceedings. Present in the hearing room are the Plaintiff, Shirley Valentine, and her counsel Marcus A. McKnight, III, and the Defendant, Edgar Valentine, and his counsel Susan Kay Candiello. This action was commenced initially by the filing of a divorce complaint to No. 08 - 3744 raising grounds for divorce of irretrievable breakdown of the marriage. No economic claims were raised in the complaint filed on June 24, 2008. Subsequently, the Defendant in the action No. 08-3744 filed a complaint as Plaintiff raising irretrievable breakdown as the grounds for divorce and raising a claim for equitable distribution. No claims have been raised by either party for alimony or counsel fees and costs. The parties previously signed affidavits of consent and waivers of notice of intention to request entry of divorce decree on June 15, 2011. The affidavits and 1 waivers were filed with the Prothonotary's office on June 16, 2011. Both affidavits and waivers were filed to No. 08 - 3744. The divorce can conclude, therefore, under Section 3301(c) of the Domestic Relations Code. The parties are here today with their counsel to place an agreement on the record. The agreement that is going to be placed on the record will resolve all issues with respect to both pending divorce action numbers as captioned above. The first action was No. 08 - 3744, wife versus husband; the second action was No. 08 - 3768 with husband as the Plaintiff and wife the Defendant. The agreement that is going to being placed on the record will be considered the substantive agreement of the parties and will resolve all outstanding economic claims. The agreement as placed on the record, as noted, will be the substantive agreement, not subject to any changes or modifications except for correction of typographical errors which may be made during the transcription. The parties and counsel will return later today to review the agreement, make any corrections of typographical errors as necessary, and affix their signatures affirming the terms of settlement as stated on the record. The parties, however, are bound by the terms of the agreement when they leave the hearing room today even though there is no subsequent signing of the agreement affirming the terms of settlement. 2 4 The parties were married on August 27, 2004, and separated on June 21, 2008. There are no children of this marriage. Mr. McKnight. MR. McKNIGHT: The parties have agreed to resolve their equitable distribution issues as follows: 1. Husband will sign a quitclaim deed releasing any marital interest he has at 1142 Pheasant Drive North, Carlisle, Pennsylvania, currently in the legal name of Shirley Valentine. Likewise, wife, Shirley Valentine, will sign a quitclaim deed for husband's real estate located at 5 Hoover Road, Carlisle, Pennsylvania. It is currently in both names so she will be relinquishing all right, title, and interest to his property at 5 Hoover Road. In addition, Mr. Valentine will pay off a line of credit and refinance the mortgage removing Mrs. Valentine's name from the title at 5 Hoover Road, Carlisle, Pennsylvania. In addition, he will pay to her the sum of $20,000.00 in full satisfaction of all marital interest except for the division of the personal property and release of other interest that they have. [2. The $20,000.00 will be paid on or before October 31, 1, and on that date the spousal support/APL order will be minated. If for some reason the refinancing cannot be pleted by husband and he cannot pay the $20,000.00 the usal support/APL will continue until the $20,000.00 is id. 3. The divorce will be finalized on December 31, 2011, which will enable wife to remain on husband's health and dental insurance until the end of the year. The divorce will be finalized at case No. 8 - 3744 which will satisfy both divorce actions. Although the insurance coverage will end on December 31, 2011, for medical and dental, husband will help obtain information from his union about COBRA benefits which may be available to wife after the divorce, which she will purchase if she wants at her own cost. 4. With regard to personal property, wife will be entitled, within the next two weeks, to retrieve from the property at 5 Hoover Road all of her Cuddle Up knitting equipment and certain items of personal property, including 3 the living room furniture (the couch, love seat and chair) and all her other associated craft items. Wife will contact husband directly about a time to pick those items up. All other property will remain husband's property and each party will have, as personal property, all of that in their own possession and wife releases all interest in husband's personal property and husband releases all his interest in wife's personal property. 5. Wife releases all interest in husband's retirement accounts. 6. Both parties will agree to sign all documents necessary to implement the terms of this agreement. 7. Wife has certain matters of litigation, including a personal injury case with State Farm and a Prudential disability litigation. Husband releases all interest he has in those litigations and any proceeds that result from those will be wife's sole property. 8. All cars in the possession of each of the parties will remain their own. 9. All debt that they have in their own names remain their sole debt and they will hold harmless the other party from any obligation thereon. 10. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. MR. McKNIGHT: Shirley, you have heard the details of the settlement, we have gone over it in advance, 4 are you satisfied that this is the complete agreement that we have reached? MS. VALENTINE: Due to my mental health and the ability to move on with my life, I am agreeing to this. He is getting everything. MR. McKNIGHT: The point is, do you consent to this? MS. VALENTINE: Yes. MR. McKNIGHT: And you are satisfied with my representation of you in this matter? MS. VALENTINE: Yes. THE MASTER: Do you understand the terms of the agreement? MS. VALENTINE: Yes. THE MASTER: You understand too that when you leave this room, even though you have not signed anything, you are bound by it. MS. VALENTINE: Fine. THE MASTER: And you understand that you are going to come back later today or this morning to review what has been transcribed and then sign? MS. VALENTINE: Fine. MR. McKNIGHT: And if we do that, it means that he can get the refinancing done quicker. THE MASTER: Yes. 5 the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: ;e("O Mar./c? A. McKnight, III At orney for Pl ntiff Susan Kay Candiello Attorney for Defendant DATE: Shirley lentine Edga Valentine 7 INCOME WITHHOLDING FOR SUPPORT DS - CI V O ORIGINAL INCOME WITHHOLDING ORDERMOTICE FOR SUPPORT (IWO) Q AMENDEDIWO O ONE.TIMEORDER/NOTICE FOR LUMP SUM PAYMENT Q TERMINATION OF IWO Date: 11/07/11 ? Child Support Enforcement.(CSE) Agency ® Court ? Attorney ? Private Individual/Entity (Check One) NOTE: This IW > I r ce. Under certain circumstances you must reject this IWO and return it to the sender (see IWO <eg? p±95?A instructions httD acf ? hs a66/ rograms/cselnewhirelemployer/publication/12ublication.htm - forms). If you receive this document from someone other than a State or Tribal CSE agency or a Court, a copy of the underlying order must be attached. State/Tribe/Territory Commonwealth of Pennsylvania Remittance Identifier (include w/payment): 2761102350 City/County/Dist./Tribe CUMBERLAND Order Identifier: (See Addendum for ordeddocket Informelton) Private Individual/Entity CSE Agency Case Identifier: (See Addendum for case summary) SOCIAL SECURITY ADMINISTRATION STE 1 200 S SPRING GARDEN ST CARLISLE PA 17013-2578 Employer/Income Withholder's FEIN Child(ren)'s Name(s) (Last, First, Middle) Child(ren)'s Birth Date(s) RE: VALENTINE. EDGAR Employee/Obligor's Name (Last, First, Middle) 080-34-6221 Employee/Obligor's Social Security Number (See Addendum for plaintiff names associated with cases on attachment) Custodial Party/Obligee's Name (Last, First, Middle) NOTE: This IWO must be regular on its face. Under certain circumstances you must reject this IWO and return it to the sender (see IWO instructions employer/publication/publication.htm - form . If you receive this document from someone other than a State or Tribal CSE agency or a Court, a copy of the underlying order must be attached. See Addendum for dependent names and birth dates associated with cases on ORDER INFORMATION: This document is based on the support or withholding order from Commonwealth of Pennsylvania (State/Tribe). You are required by law to deduct these amp 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 (must specify) for a Total Amount to Withhold of $ 0.00 per month. t24orlie a z;a t- _<> .c CIO -, m cam I n=-n za 3 =a n y-z !V ° r M 4 '{ CJ co AMOUNTS TO WITHHOLD: You do not have to vary your pay cycle to be in compliance with the Order Information. If your pay cycle 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 monthly 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 CUMBERLAND County, Commonwealth of Pennsylvania (State/Tribe), 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 disposable income for all orders. If the employee/obligor's principal place of employment is not CUMBERLAND County, Commonwealth of Pennsylvania (State/Tribe), obtain withholding limitations, time requirements, and any allowable employer fees at http://www.acf.hhs.gov/programs/cse/newhire/employer/contacts/ contact map.htm for the employee/obligor's principal place of employment. Document Tracking Identifier OMB No.: 0970-0154 Form EN-028 11 /11 Service Type M Worker ID $OINC ? 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): _Lev- Print Name of Judge/Issuing Official: Aawt H, Title of Judge/Issuing Official: Date of Signature: 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. ? 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 /D (shown above as the Employee/Obligor's Case /dentifrer) 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: hhttp://www.acf.hhs.gov/pmgrams,icseinewhire/em looyer/contacts/contact map 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, Attorney, or Private Individual/Entity and the initial order was entered before January 1, 1994 or the order was issued by a Tribal CSE agency, you must follow the "Remit payment to instructions on this form. Reporting 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 NO; it identifies the version of the form currently in use. Form EN-028 11 /11 Employer'?; Name: SOCIAL SECURITY ADMINISTRATION Employer FEIN: Employee/Obligor's Name: VALENTINE, EDGAR CSE Agency Case Identifier: (See Addendum for case summarx) Order Identifier: (See Addendum for order/docket Information) 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/obligor's principal place of employment (see REMITTANCE INFORMATION). 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, 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 withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers/income 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 greater than 12 weeks? If the Order Information does not indicate that the arrears are greater than 12 weeks, then the Employer should calculate the CCPA limit using the lower percentage. Additional Information: NOTIFICATION OF EMPLOYMENT TERMINATION OR INCOME STATUS: If this employee/obligor never worked for you or you no longer withholding income for this employee/obligor, an employer must promptly notify the CSE agency and/or the sender by returning this form to the address listed in the Contact Information below: Q This person has never worked for this employer nor received periodic income. O This person no longer works for this employer nor receives periodic income. Please provide the following information for the employee/obligor: Termination date: Last known address: Final Payment Date To SDU/Tribal Payee: New Employer's Name: New Employer's Address: Last known phone number: Final Payment Amount: CONTACT INFORMATION: To Employer/Income Withholder: If you have any questions, contact WAGE ATTACHMENT UNIT (Issuer name) by phone at (717) 240-6225, by fax at (717) 240-6248, by email or website at: www.childsupport.state.pa.us. 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 Em looyee/Obligor: If the employee/obligor has questions, contact WAGE ATTACHMENT UNIT (Issuer name) by phone at (717) 240-6225, by fax at (717) 240-6248, by email or website at www.childsupport.state.pa.us. IMPORTANT: The person completing this form is advised that the information may be shared with the employee/obligor. Service Type M OMB No.: 0970-0154 Page 3 of 3 Form EN-028 11/11 Worker ID $OINC ADDENDUM Summary of Cases on Attachment Defendant/Obligor: VALENTINE, EDGAR PACKS Case Number 524112090 Plaintiff Name SHIRLEY A. VALENTINE Docket Attachment Amount 2008-3744 CIV $ 0.00 Child(ren)'s Name(s): DOB 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 PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Addendum Form EN-028 11/11 FILEO-OFFICc (F THE PRQTNChO'-FAA ;° ZOI1 DEC 27 AM IQ- DO CUMBERLAND COUNTY PENNSYLVANIA SHIRLEY VALENTINE, Plaintiff v. EDGAR VALENTINE, Defendant To the Prothonotary: Transmit the record, 1. Ground for Divorce: 2. Date and manner of defendant, Edgar Valentine, by was filed on July 7, 2008. 3. Complete either par-, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008 - 3744 CIVIL TERM IN DIVORCE PRAECIPE TO TRANSMIT RECORD r with the following information, to the court for entry of a divorce decree: trievable breakdown under Section 3301(c) and or (d) of the Divorce Code. ice of complaint: A certified copy of the Complaint in Divorce was served upon the ce to his legal counsel, Susan K. Candiello, Esq. A copy of the Acceptance of Service (a) or (b). (a) Date of a ecution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by plaintiff: June 15, 2011; by defendant: June 15, 2011. (b)(1) Date of execution of the affidavit required by Section 3301(d) of the Divorce Code: (b)(2) Date of f ing and service of the plaintiffs affidavit upon the defendant: 4. Related claims pending: NONE. 5. Complete either (a) or (to). (a) Date and m of which is attached: (b) Date plaint June 16, 2011. Date def n June 16, 2011. Date: December 26, 2011 of service of the Notice of Intention to file Praecipe to Transmit Record, a copy Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: s Waiver of Notice in Section 33Q#c) Divorce was filed with the Prothonotary: Marcifs A-WcKnight, III, Esquire Attor ev fof Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHIRLEY VALENTINE V. EDGAR VALENTINE NO. 2008 - 3744 CIVIL TERM DIVORCE DECREE AND NOW, Z) 30 « it is ordered and decreed that SHIRLEY VALENTINE , plaintiff, and EDGAR VALENTINE , defendant. are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered.. Those claims are as follows: (If no claims remain indicate "None.") The Agreement and Stipulation contained in the Master's Report dated October 13, 2011 which is signed by the parties is hereby incorporated herein and made a part of this Decree in Divorce but not merged. By the Court, ;;?,?'3t?'?'r F a_.?a?~r ``r_.,?? ?rif.x.ai? 'riC: ?lc.,? ? P?# kM,?h?'.;?.:' f ?o't ?