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HomeMy WebLinkAbout08-4109 r SUSAN C. McGEEHAN, Plaintiff vs. JOHN H. McGEEHAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. D g.. 410 9 C.t J -r,..- ACTION IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. Where 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 at the Office of the Prothonotary, Cumberland County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES AND EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM 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 St. Carlisle, Pa. 17013 (717) 249-3166 SUSAN C. McGEEHAN, Plaintiff vs. JOHN H. McGEEHAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 08 - ql 09 .( ACTION IN DIVORCE COMPLAINT IN DIVORCE COUNT I - DIVORCE 1. Plaintiff is Susan C. McGeehan, a competent adult individual, who resides at: 306 Melbourne Lane, Cumberland County, Mechanicsburg, Pennsylvania, 17055. 2. Defendant is John H. McGeehan, a competent adult individual, who has resided at 6 Ruffian Circle, Dillsburg, York County, Pennsylvania, 17019 since 1994. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth for at least 6 months immediately previous to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on October 24, 1982, in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties other than as follows: Plaintiff previously filed a divorce complaint in York County, on October 3, 2008 in York County. That action has been and/or will be withdrawn. 6. Plaintiff has been advised that counseling is available and that plaintiff may have the right to request that the court require the parties to participate in counseling. 7. Plaintiff and Defendant have two children together, however both are over the age of 18 years. 8. Plaintiff and Defendant are both citizens of the United States of America. :"It, 9. Neither Plaintiff or Defendant are a member of the Armed Forces of the United States of any of its allies. 10. The Plaintiff avers that the grounds on which this action is based are: That the marriage is irretrievably broken. WHEREFORE, Plaintiff requests the court to enter a decree in divorce. COUNT II -EQUITABLE DISTRIBUTION OF PROPERTY 11. Items 1 - 10. are herein incorporated by reference. 12. During the course of the marriage, the parties have acquired numerous items of property, both real and personal, which are held in joint names and in the individual names of each of the parties hereto. 13. During the course of the marriage, the parties incurred numerous debts. 14. Plaintiff and Defendant have been unable to agree as to an equitable division of said marital property and debts. 15. Plaintiff is seeking an equitable division of all marital property. WHEREFORE, Petitioner prays this Honorable Court, after requiring full disclosure by the Defendant, to equitably divide the property, both real and personal, owned by the parties hereto as marital property. I verify that the statements made in this Complaint 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: QuWsan C. Mc eeha laintiff Respectfully submi tte d, Date: p e Adams, Esquire D. No. 79465 )1177 W. South Starlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF ca ` d ki L'Z - f s 1 n ?t r ;_7 SUSAN C. McGEEHAN, Plaintiff vs. JOHN H. McGEEHAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 0 4) Q4 Gc,?,:-1 I s ?- ACTION IN DIVORCE PETITION FOR SPECIAL RELIEF 1. Plaintiff/Petitioner is Susan C. McGeehan, (hereinafter referred to as "Wife") a competent adult individual, who has resided at 306 Melbourne Lane, Mechanicsburg, Cumberland County, Pennsylvania, 17055, since December 6, 2007. 2. Defendant/Respondent is John H. McGeehan, (hereinafter referred to as "Husband"), a competent adult individual, who resides in the marital home, which is located at 6 Ruffian Circle, Dillsburg, York County, Pennsylvania, 17019. 3. The Plaintiff and the Defendant were married on October 24, 1982, in Cumberland County, Pennsylvania. 4. The parties are the natural parents of two children, namely Shawn A. McGeehan, age 21, and Michael R. McGeehan, age 25. 5. Petitioner filed a Complaint in Divorce contemporaneously with this petition under the above-captioned docket-number. 6. The parties are owners, as tenants by the entireties, of the real estate situated at 6 Ruffian Circle, Dillsburg, York County, Pennsylvania (hereinafter referred to as the "marital residence"). 7. Husband currently lives in the marital residence. 8. Wife has asked Husband to leave the marital residence, but he has refused. 9. Section 3502(2) of the Divorce Code states that, with regard to equitable division of the family home, "the court may award, during the pendency of the action or otherwise to one, or both of the parties, the right to reside in the marital residence." 10. Section 3323(f) of the Divorce Code states that: "In all matrimonial cases, the court shall have full equity power and jurisdiction and may issue injunctions or other orders which are necessary to protect the interest of the parties or to effectuate the purposes of this part and may grant such other relief or remedy as equity and justice requires against either party or against any third person over whom the court has jurisdiction and who is involved in or concerned with the disposition of the cause." 11. An award of interim exclusive possession of the marital residence will enable Wife to live in the real estate without fear of interference by Husband and without fear of Husband removing or destroying marital assets and or marital property. 12. Unless Wife is awarded interim exclusive possession of the marital residence, the condition of the marital home will continue to deteriorate, resulting in substantial reduction in the value of the marital estate. 13. Unless Wife is awarded interim exclusive possession of the marital residence, her emotional health and the emotional health and psychological well-being of the children will be compromised, due to Husband's erratic behavior. 14. During his sole residence, Husband has engaged in a course of conduct which has jeopardized the value of marital home and the has created an intolerable living situation for Wife and the children. Illustrations of such conduct consist of the following: a. Husband is an alcoholic and since December 2007 to present has had three in-patient stays at Roxbury for rehabilitation. During this time, Husband seriously neglected the upkeep of the marital home, and also caused damages to the property due to his excessive use of alcohol. b. On May 22, 2008, Husband was charged with Driving Under the Influence, c. On May 24, 2008, Wife believes that Husband ran over the neighbor's mailbox while he was in an intoxicated state. d. During the Husband's sole residence at the marital home, Husband caused the following damages to the home, which have not been repaired: dented garage door, dented dishwasher, smashed hutch, hardwood floors burned with cigarettes, knocked bricks off of front porch, uncontrolled weeds around home, dog urine on carpets and hardwood floors. e. During Husband's sole residence of the home, he has not paid the mortgage payment or taxes and has refused to maintain utilities or transfer them into his name. Husband is not working and cannot maintain the home. Since separation, Wife has paid all mortgage payments as well as her own rent payment. The mortgage payment is currently two months past due and the home equity loan is currently three months past due. f. Real estate taxes on the home for 2007 were due on June 30, 2008. g. Wife requested Husband transfer the electric bill into his name alone, Husband refused to do so, and the power was shut off for almost a week. Such refusal seriously jeopardized the marital home in that a loss of power could have resulted in serious damage to the home. Wife eventually had to reinstate the power in her own name. 15. Husband has an IRA rollover with FMA advisory group and a Roadway 401(k), both of which are marital property. 16. The parties do not have enough money in their joint checking and savings accounts to pay the taxes and the past due mortgage payments. 17. Wife is requesting an advance distribution from the 401(k) account so that she can receive a lump sum and pay past due taxes and mortgage payments. 18. Wife believes, and therefore avers, that her emotional well-being and the well-being of the children will be best served if she is granted interim exclusive possession of the marital residence. 19. Wife believes, and therefore, avers, that the value of the marital estate and marital residence will be preserved only if she is granted interim exclusive possession of the marital residence and can prevent the property from entering foreclosure. 20. Husband's parents live near-by and he could reside with them at less cost and expense while Wife lives in the marital home and attempts to make substantial repairs to the home. 21. Wife believes, and therefore, avers, that the aims of the Divorce Code would be best served by awarding her the right to live in the marital residence without intrusion by Husband. WHEREFORE, Petitioner/Wife requests this Honorable Court to grant her the following relief: (a) grant her interim exclusive possession of the marital residence until the conclusion of the divorce proceedings. (b) grant her an advance distribution from the 401(k) account in order that She can pay the back taxes and mortgage payment. (c) any other relief this Court deems appropriate. Date: -71'o 0 ? Respectfully submitted, J e Adams, Esquire Yar No . 79465 W. South St. lisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PETITIONER VERIFICATION I verify that the statements made in this Petition 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: /p i5 an C. Mc eeh (/ ? an, Pe oner n N t-D w 'T1 C _ry r SUSAN C. McGEEHAN, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. No. ()"6'- WA G ? t T-R-C ry-\ JOHN H. McGEEHAN, ACTION IN DIVORCE Defendant ACCEPTANCE OF SERVICE I, Jacqueline Verney, Esquire, represent John H. McGeehan, in the above- captioned matter; I hereby accepted service of the Notice to Defend, Complaint in Divorce, and Petition for Special Relief in Divorce on or about the date listed below, which was filed by Plaintiff's Attorney under the above-captioned number and I hereby affirm I was authorized to do so. I consent to jurisdiction in Cumberland County, Pennsylvania. Date: 1-//-0 8 ac line Verney, Esquire 44 S. Hanover St. Carlisle, Pa. 17013 (717) 243-9190 ATTORNEY FOR DEFENDANT G ? t Z ? .w - •...i .,. S ?Jpl' 14 200?1 SUSAN C. McGEEHAN, Plaintiff vs. JOHN H. McGEEHAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 0 g_ 9/09 ACTION IN DIVORCE RULE TO SHOW CAUSE AND NOW, to wit, this 111L day of , 2008, upon consideration of Plaintiff's Petition for Special Relief, the Marital Residence, a Rule is hereby issued upon Defendant to show cause, if any, why the relief requested should not be granted. RULE RETURNABLE IN 2-0 DAYS FROM SERVICE. BY THE COURT: cc: Jane Adams Esquire Z john H. McGeehan, Defendant 14.s mal LL 7/1[.16,8 Lr?ll 'iNVflIA INN3d ,uNnorl 61 .9 WV 9 t inr mll 301:?40-?3 H SUSAN C. McGEEHAN, Plaintiff V. JOHN H. McGEEHAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-4109 CIVIL TERM IN RE: PLAINTIFF'S PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 6t' day of August, 2008, upon consideration of the attached letter, a hearing is scheduled for Thursday, December 11, 2008, at 9:30 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, 4,41ane Adams, Esq. 17 West South Street Carlisle, PA 17013 Attorney for Plaintiff ,,-J'a'cqueline Verney, Esq. 44 South Hanover Street Carlisle, PA 17013 Attorney for Defendant J. 'Wesley Ole •, Jr., J. :rc 't4NVANSI N3d OO z 1 ;z 48 9- Jfl# ONZ a-4,1% Jane Adams ATTORNEY AT LAW 17 WEST SOUTH ST. CARLISLE, PA. 17013 (717) 245-8508 voice esQadams(@,Wnai1.com August 4, 2008 The Honorable Wesley Oler, Jr. One Courthouse Square Carlisle, Pa. 17013 Re: McGeehan v. McGeehan No. 08 - 4109 Civil Term (Divorce) Dear Judge Oler: I recently filed a petition for exclusive possession of the marital home on behalf of wife in the above-captioned matter. Husband is represented by Attorney Jackie Verney. We met on Friday, August 1, 2008 to discuss this matter but were not able to come to an agreement. Jackie is now on vacation for two weeks. She is planning on filing a response to my petition once she returns, and we do not object to an extension on the deadline for her filing. However, in the meantime, I am requesting that this matter be scheduled for a hearing so as not to delay the hearing date. Thank you for your consideration of this matter. Jackie's secretary can be reached at 243-9190 if you need to contact her. Very truly yours, J e dams, Esquire cc: Susan McGeehan Jacqueline Verney, Esquire 9GG ??8 SUSAN C. McGEEHAN, Plaintiff vs. JOHN H. McGEEHAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. 08 - 4109 Civil Term : ACTION IN DIVORCE MOTION TO RESCHEDULE 1. Plaintiff/Petitioner is Susan C. McGeehan, (hereinafter referred to as "Wife") a competent adult individual, who has resided at 306 Melbourne Lane, Mechanicsburg, Cumberland County, Pennsylvania, 17055, since December 6, 2007. 2. Defendant/Respondent is John H. McGeehan, (hereinafter referred to as "Husband"), a competent adult individual, who resides with his parents. 3. The Plaintiff and the Defendant were married on October 24, 1982, in Cumberland County, Pennsylvania. 4. A divorce is pending under the above-captioned docket number. 5. The parties own a marital home, which is located at 6 Ruffian Circle, Dilisburg, York County, Pennsylvania, 17019, which is currently unoccupied by either party, and is in need of serious repairs before it can be occupied. 6. On July 10, 2008, Plaintiff filed a Petition for Special Relief, requesting a hearing on her request for Exclusive Possession of the marital home. 7. A hearing was scheduled for December 11, 2008 regarding this matter. 8. The property is currently in serious jeopardy of foreclosure. 9. A foreclosure would create substantial debt to the parties. 10. Wife has offered to make the repairs on the residence, and pay the mortgage and for upkeep as long has she has exclusive possession of the marital home and can reside there without interference by Husband. 11. In the alternative, Wife has offered to let Husband reside in the marital home, as long as he can contribute to the expenses of the home. 12. Husband has refused to agree to any alternative, and has indicated he wants the property to go into foreclosure so as to deplete the marital estate and cause Wife hardship. 13. A delay of this matter until December will be disastrous to the marital estate and could result in serious waste of the remaining assets of the estate and serious financial consequences for both parties. 14. Wife is requesting that this matter be heard as soon as possible, in order that the marital estate not be depleted. 15. This matter was previously assigned to Judge Oler. 16. Defendant does not agree with Plaintiff's request. WHEREFORE, Petitioner/Wife requests this Honorable Court to reschedule the hearing in the above-captioned matter to an earlier date. Respectfully submitted, Date S`/a6/() S Jan Adams, Esquire No. 79465 South St. le, Pa. 17013 I71r77li)s245-8508 ATTORNEY FOR PETITIONER CERTIFICATE OF SERVICE I, Jane Adams, Attorney for Petitioner, hereby certify that a copy of Plaintiff's PETITION has been duly served upon the Respondent, by hand-delivery to Respondent's attorney, whose address is listed below: Jacqueline Verney, Esquire 44 S. Hanover St. Carlisle, Pa. 17013 ATTORNEY FOR DEFENDANT Date: .5 /-a b D ne Adams, Esquire P. No. 79465 17 W. South St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PETITIONER izt-TI- cr) u, - -71 1 SUSAN C. McGEEHAN, Plaintiff/Petitioner VS. JOHN H. McGEEHAN, Defendant/Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-4109 CIVIL ACTION - LAW : IN DIVORCE MOTION TO CONTINUE AND NOW comes John H. McGeehan, defendant/respondent herein, by and through his attorney, Jacqueline M. Verney, Esquire, and represents the following in support of his motion to continue hearing. 1. A hearing is scheduled for September 12, 2008 at 9:15 a.m. before the Honorable J. Wesley Oler, Jr. on Plaintiff/Petitioner's Petition for Special Relief. 2. Said hearing is only for 15 minutes to consider Plaintiff's request for exclusive possession of the marital home and partial distribution of marital assets. 3. Defendant has filed contemporaneously with this Motion to Continue, an answer to the Petition for Special Relief. 4. The issues raised in Plaintiff's Petition for Special Relief are much more complicated than can be resolved in a fifteen minute hearing. 5. Defendant's counsel, Jacqueline M. Verney, Esquire is scheduled before the Divorce Master for a hearing on the same day at 9:00 a.m. on a matter that has been on the calendar for several months. 6. Defendant/Respondent is on a prepaid vacation from September 12 to September 21, 2008 in Ocean City, New Jersey, requiring Defendant to drive 4 hours each way to attend a 15 minute hearing. 7. The hearing scheduled before the Honorable J. Wesley Oler, Jr. was originally scheduled for December 11, 2008. 8. Defendant requests this Honorable Court continue the hearing on September 12, 2008 to the original date of December 11, 2008 at 9:30 a.m. 9. Defendant was unable to contact Plaintiff s counsel to seek her position on the Motion to Continue. Based on Plaintiff's recent Motion to Reschedule this matter, it is assumed Plaintiff s counsel disagrees with the Motion to Continue WHEREFORE, Defendant/Respondent requests this Honorable Court grant his Motion to Continue and schedule the matter on December 11, 2008 at 9:30 a.m. Respectfully submitted, IV`V cq ine M. Verney, Esquire Supreme Ct. ID. 23167 44 South Hanover Street Carlisle, PA 17013 (717) 243-9190 Attorney for Defendant/Respondent ATTORNEY VERIFICATION I verify that the facts included in the within document are true and correct based on information known to me or received from reliable sources. 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. Dated: n -Q 7'Z ac eline M. Verney, Esquire #2467 A Attorney for Petitioner 44 S. Hanover Street Carlisle, PA 17013 717 243-9190 CERTIFICATE OF SERVICE I, Jacqueline M. Verney, Esquire, hereby certify that a true and correct copy of the within Answer to Petition for Special Relief and Motion to Continue were served upon the following by personal service on the date indicated. Jane Adams, Esquire 17 West South Street Carlisle, PA 17013 Date I -1-o L--.'? , "''/ acq ine M. Verney, Esquire #0167 44 South Hanover Street Carlisle, PA 17013 (717) 243-9190 Attorney for Defendant/Respondent a } S_. 1 AUG 2 7 Moo SUSAN C. McGEEHAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 08 - 4109 Civil Term JOHN H. McGEEHAN, : ACTION IN DIVORCE Defendant ORDER OF COURT • AND NOW, this -2a day of 2008, upon consideration of the Petition for Exclusive Possession, and Motion to Reschedule, a hearing is set for the ('116 day of September, 2008, at , 1% in Courtroom No. 1 of the Cumberland County Courthouse, Carlisle, Pen Sylvania, 17013. TNT ataRrgTlaw of 10t Lvt- 6-01(1 Le ffee-,? ?.+,?? ? 45 ?Occ?v v ? '?-o"-1 --71 ?? ?t ?'ii . N? 1?lW(r L) c? ru teC+ U ZGO? l C?c BY TH ucd E COURT. cc: &Jigne Adams, Esquire queline Verney, Esquire Awc v- s ? ?q.0 0?/ ? s?.. ti? -t ?,_. ? a 0. .i .r ? N ,, . ? ?' N t.3 Y SUSAN C. MCGEEHAN, Plaintiff/Petitioner VS. JOHN H. McGEEHAN, Defendant/Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-4109 CIVIL ACTION - LAW IN DIVORCE ANSWER TO PETITION FOR SPECIAL RELIEF AND NOW comes John H. McGeehan, defendant/respondent herein, by and through his attorney, Jacqueline M. Verney, Esquire, and represents the following in answer to plaintiff's Petition for Special Relief: 1. Admitted in part and denied in part. It is admitted that petitioner is residing as indicated. It is denied that separation occurred on the date indicated and strict proof thereof is demanded. 2. Denied. It is denied that respondent is residing in the marital home. By way of further answer, respondent is using the marital home as his official address, but is currently staying at 203 Thornridge Drive, Thomdale, Pennsylvania, 19372, the home of his parents, due to his lack of income and the marital home being uninhabitable 3. Admitted. 4. Denied. The parties are the natural parents of two adult children, Michael R. McGeehan, who is 26 years old and married, and Shawn A. McGeehan, age 21. 5. Admitted. 6. Admitted. 7. Denied. See response to Paragraph 2. 8. Denied. Strict proof thereof is demanded. 9. Conclusion of law to which no response is necessary. 10. Conclusion of law to which no response is necessary. 11. Denied. Strict proof thereof is demanded. By way of further answer, Wife has removed marital property from the home and has relocated as indicated in Paragraph 1 of the Petition for Special Relief. 12. Denied. Strict proof thereof is demanded. By way of further answer, the marital residence currently has two mortgages on the property and has a substantial amount of negative equity which Wife has admitted. Foreclosure proceedings have been threatened. Husband believes that due to the negative equity, the parties should permit the property to be foreclosed on. By way of further answer, the deterioration of the house occurred while Wife was living there in charge of its condition which she failed to remedy. 13. Denied. Strict proof thereof is demanded. By way of further answer, by Wife's own admission in Paragraph 4, the parties' children are adults. 14. Denied. Strict proof is demanded. a. Admitted in part, denied in part. It is admitted that Husband is an alcoholic and has had three in-patient rehabilitations. It is denied that Husband neglected that marital home during his in-patient stays. By way of further answer, Wife was aware of Husband's in-patient stays and was not excluded from the home at any time. Wife could have maintained the home, but preferred to neglect the upkeep. Strict proof is demanded. b. Admitted. By way of further answer, Husband is vigorously defending against the charge. c. Denied. Strict proof is demanded. d. Admitted in part and denied in part. It is admitted that Husband dented the garage door, broke hutch, and knocked bricks off of front porch. By way of further answer, all such damage is minor. Husband denies that he dented the dishwasher or burned the hardwood floors, however those damages occurred prior to Wife vacating the marital home. It is denied that Husband is responsible of pet urine on carpets. Wife abandoned the animals at the home when she knew Husband was in rehab. By way of further answer, Wife removed the vacuum cleaner from the residence. Husband has attempted to clean the house, asking for the vacuum cleaner to perform routine cleaning. Wife refuses to return the vacuum cleaner. e. Denied. Strict proof is demanded. f. Admitted. g. Denied. Strict proof is demanded. 15. Admitted. By way of further answer Husband cannot borrow from his 401 K because there is a loan currently outstanding on the account. 16. Admitted. By way of further answer, because the house has negative equity, Husband believes it is more advantageous to permit the foreclosure instead of dissipating marital assets. 17. This allegation in the nature of a prayer for relief to which no response is necessary. By way of further answer, there are no marital assets available for advance distribution. 18. Denied. Strict proof thereof is demanded. By way of further answer, Husband believes Wife is opposed to a foreclosure even though it makes economic sense because she is in the real estate business and a foreclosure would be embarrassing to her. 19. Denied. Strict proof is demanded. See response to paragraph 18. 20. Admitted. 21. This allegation is in the form of argument or a conclusion of law to which no response is required. WHEREFORE, Respondent requests this Honorable Court deny Wife's request a. To grant her interim exclusive possession of the marital residence until the conclusion of the divorce proceedings. b. To grant her an advance distribution from the 401(k) account in order that she can pay the back taxes and mortgage payments. c. Any other relief this Court deems appropriate In the alternative, Husband requests this Honorable Court grant the following relief d. Permit the foreclosure to proceed unless Wife voluntarily assumes the current marital debt on the residence and uses non-marital assets to rehabilitate the residence without seeking credit for either expense in equitable distribution. Respectfully submitted, )Cc-q ine M. Verne, Es uire Y q Supreme Ct. ID. 23167 44 South Hanover Street Carlisle, PA 17013 (717) 243-9190 Attorney for Defendant/Respondent ATTORNEY VERIFICATION I verify that the facts included in the within document are true and correct based on information known to me or received from reliable sources. 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. Dated: cq ine M. Verney, Esquire # 167 Attorney for Petitioner 44 S. Hanover Street Carlisle, PA 17013 717 243-9190 CERTIFICATE OF SERVICE I, Jacqueline M. Verney, Esquire, hereby certify that a true and correct copy of the within Answer to Petition for Special Relief and Motion to Continue were served upon the following by personal service on the date indicated. Jane Adams, Esquire 17 West South Street Carlisle, PA 17013 Date 9" Z'U i c reline M. Verney, Esquire #2 67 44 South Hanover Street Carlisle, PA 17013 (717) 243-9190 Attorney for Defendant/Respondent c-) c::x LW 'll Cf V c:? ? r rn (V "a r ?xF --4 SUSAN C. McGEEHAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2008-4109 CIVIL ACTION - LAW JOHN H. McGEEHAN, Defendant/Respondent IN DIVORCE PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY OF SAID COURT: Please enter my appearance on behalf of the Defendant, John H. McGeehan, in the above captioned matter. Respectfully submitted: Jac line M. Verney, Esquire #231 7 44 S. Hanover Street Carlisle, PA 17013 717-243-9190 cc: Jacqueline M. Verney, Esquire Jane Adams, Esquire ?> r=+ ? ..? ??:. va ?r-; 4 ..? a `?? ?;, - ?'!, - .. ,.-.- ti.;?: t SUSAN C. McGEEHAN, Plaintiff/Petitioner VS. JOHN H. McGEEHAN, Defendant/Respondent SEP 0 3 2008 C? : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-4109 : IN DIVORCE ORDER OF COURT CIVIL ACTION - LAW AND NOW, this S H4 - day of , 2008, upon consideration of Defendant/Respondent's Motion to Continue, said Motion is herebygr-apAed and th hearin scheduled for Se 1, ? ?V-) I 2T) s ?aUJ,s<< vw -2 r2flt«p;tc- GCC ?QrG CG21f ?vy?37? wr?l? ??G Zou-) s Sccfc?v 1 ? p a e- 20 1 U L -2- ej s. f4j - V BY THE COURT cc: J queline M. Verney, Esquire ./Jane Adams, Esquire coflkg MUICCL 4 to?os t '? 't a '. ?{ SUSAN C. McGEEHAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW BY THE COURT, JOHN H. McGEEHAN, . Defendant NO. 08-4109 CIVIL TERM IN RE: PLAINTIFF'S PETITION FOR SPECIAL RELIEF AND NOW, this 15`h day of September, 2008, upon consideration of Plaintiff s Petition for Special Relief, and following a hearing on September 12, 2008, it is ordered and directed as follows: 1. The Petition is granted to the extent that Plaintiff is granted exclusive possession of the marital residence at 6 Ruffian Circle, Dillsburg, York County, Pennsylvania, and Defendant is directed to pay to Plaintiff the sum of $6,000.00, within 30 days of the date of this order to be applied by Plaintiff to repairs on the home; 2. Nothing herein is intended to represent a ruling, partial or otherwise, as to equitable distribution; 3. The hearing scheduled for December 11, 2008, on Plaintiff s motion is cancelled. -" Jane Adams Esq. 17 West South Street Carlisle, PA 17013 Attorney for Plaintiff Jacqueline Verney, Esq. 44 South Hanover Street Carlisle, PA 17013 Attorney for Defendant :rc Cc, Fq "Q-s rna t 6L ?s v8 J es ey 4,- ?4N??ttl I'l d tZ =Z Wd 5 i dS 6041 SUSAN C. MCGEEHAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW JOHN H. MCGEEHAN, Defendant 08-4109 CIVIL TERM ORDER OF COURT AND NOW, this 12th day of September, 2008, upon consideration of the Petition for Special Relief filed by Plaintiff and following a hearing, the record is declared closed and the matter is taken under advisement. /Jane Adams, Esquire 36 South Pitt Street Carlisle, PA 17013 For the Plaintiff /Jacqueline Verney, Esquire 44 S. Hanover St. Carlisle, PA 17013 For the Defendant pcb t'ES m Z-11 ' 6C Q?lQ?OS J By the Court, Celt, ., (7 ' M` --fmo S 9 1 Wd 61 d3S 0001 9101 I-P 0 -U418 SUSAN C. McGEEHAN, Plaintiff V. JOHN H. McGEEHAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008- 4109 CIVIL ACTION - LAW : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case will proceed without you and a decree in divorce or annulment may 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 or 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 First Floor, Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE 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 S. Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 t • SUSAN C. MCGEEHAN, Plaintiff V. JOHN H. McGEEHAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008- 4109 CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S ANSWER TO COMPLAINT IN DIVORCE AND COUNTERCLAIM AND NOW, this day of September, 2008, comes the Defendant, John H. McGeehan, by and through his attorney, Jacqueline M. Verney, Esquire, and files the following ANSWER TO COMPLAINT IN DIVORCE AND COUNTERCLAIM: COUNT 1 - DIVORCE 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. 10. Denied. Defendant denies that the marriage is irretrievably broken and seeks marriage counseling. • COUNT II 11. The answers to Paragraphs 1-10 are incorporated by reference herein. 12. Admitted. 13. Admitted. 14. Admitted. 15. Admitted. By way of further answer, Defendant is seeking equitable division of marital property also. COUNTERCLAIM-SUPPORT/ALIMONY/ALIMONY PENDENTE LITE 16. The answers to Paragraphs 1-10 are incorporated by reference herein. 17. Defendant lacks sufficient property to provide for his reasonable means and is unable to support himself through appropriate employment. 18. Defendant requires reasonable support to adequately maintain himself in accordance with the standard of living established during the marriage. 19. Defendant requests the Court to enter an award of reasonable spousal support/alimony/alimony pendent lite. WHEREFORE Defendant on the counterclaim requests that an Order be entered granting Defendant reasonable Support/Alimony/Alimony pendente lite. COUNTERCLAIM-COSTS/COUNSEL FEES/EXPENSES 20. The answers to Paragraphs 1-10 are incorporated by reference herein. 21. Defendant lacks sufficient property to pay for the costs, attorney's fees and expenses to defend against the divorce action. do. 22. Defendant requires reasonable sums to pay for the costs, expenses and counsel fees to defend the divorce action. WHEREFORE, the Defendant on the counterclaim requests that an Order be entered awarding him costs, expenses and counsel fees. Respectfully submitted, ac eline M. Verney, Esquire # 167 44 S. Hanover Street Carlisle, PA 17013 (717) 243-9190 Attorney for Defendant w ATTORNEY VERIFICATION I verify that the facts included in the within document are true and correct based on information known to me or received from reliable sources. 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. Dated: Z Z -jJ A, ??? 11 ac eline M. Verney, Esquire 23167 44 S. Hanover Street Carlisle, PA 17013 717 243-9190 Attorney for Defendant w CERTIFICATE OF SERVICE I, Jacqueline M. Verney, Esquire, hereby certify that a true and correct copy of the within Answer and Counterclaim was served upon the following by placing the same in US Mail, first class, postage prepaid at the address and date as indicated. Jane Adams, Esquire 17 W. South Street Carlisle, PA 17013 Date Q' 12-6y ac line M. Verney, Esquire #23j67 44 South Hanover Street Carlisle, PA 17013 (717) 243-9190 Attorney for Defendant r? $z . fi V/ i w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION 13 N. HANOVER ST.. P.O. BOX 320. CARLISLE PA 17013 Phone: (717) 240-6225 Fax: (717) 240-6248 Susan C. McGeehan Plaintiff /Respondent NO. 2008-4109 V. CIVIL ACTION - LAW John H. McGeehan IN DIVORCE Defendant Petitioner DRS ATTACHMENT FOR APL PROCEEDINGS PETITIONER'S INFORMATION: John H. McGeehan Name: Address: 6 Ruff ian Circle City: ni 1 1 shurg State: ` PA Zip Code.17n19? SSN:203-42-8976 DOB: 7-10-57 Telephone: Physical Description: Ht. Wt. Eyes Hair Race Email Address: Employer: Retired Employer's Address: Job Title/Position: Gross Pay: Phone: _ _ Net Pay: Petitioner's Attorney: Jacqueline M. Verney, Esquire Petitioner's Attorney's Address: 44 out Hanover Street Carlisle, PA. 17013 Phone:717-243-9190 Medical Insurance Carrier: Medical Insurance Carrier Address: Policy Number: Phone: Group Number: RESPONDENT'S INFORMATION: Name: Susan C. 'McGeehan Address: 106 Mal hnnrna Lamp City: Mechanicsburg State: PA Zip Code: 17055 SSN: DOB: 7/18/61 Telephone: Physical Description: Ht. Wt. Eyes Hair Race Email Address: Employer: Employer's Address: Job Title/Position: Respondent's Attorney: Respondent's Attorney's Address: Phone: _ Gross Pay: Net Pay: Medical Insurance Carrier: Medical Insurance Carrier Address: Policy Number: MARRIAGE INFORMATION: Phone: Group Number: Date Married: 10/24/82 Date of Separation: 11/1/07 Place of Marriage: Cumberland Count PA Address of last Marital Domicile : 6 Ruffian Circle Dillsburg, PA. 17019 Description of Document Raising APL Claim: Answer & Counter Claim Date APL Document Filed": 9-22-08 Phone: **Please note: A copy of the filed document MUST be enclosed with this form.** f cn M L N3 j ,? N SUSAN C. McGEEHAN, Plaintiff VS. JOHN H. McGEEHAN, Defendant PRIOR JUDGE: J. Wesley Oler, Jr., J. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-4109 CIVIL ACTION - LAW : IN DIVORCE MOTION FOR RECONSIDERATION AND HEARING AND NOW comes John H. McGeehan, defendant herein, by and through his attorney, Jacqueline M. Verney, Esquire, and represents the following in support of his Motion for Reconsideration and Hearing. 1. A hearing was held on September 12, 2008 at 9:15 a.m. before the Honorable J. Wesley Oler, Jr. on Plaintiff's Petition for Special Relief. 2. Said hearing was scheduled for 15 minutes to consider Plaintiff's request for exclusive possession of the marital home and partial distribution of marital assets. 3. Defendant's counsel filed a Motion to Continue based on a conflict with a divorce master's hearing. Said Motion to Continue was denied. 4. The hearing on Petitioner's Petition for Special Relief proceeded on September 12, 2008 for fifteen minutes. Petitioner was the only witness who testified due to the time constraint. 5. The Court asked Defendant's counsel if she wished to proceed at that time as the court had cleared its calendar. However, counsel for Defendant had not cleared her calendar, nor prepared for more than a fifteen minute hearing as that was what the court had ordered. 6. The Court entered an Order dated September 15, 2008 granting Petitioner exclusive possession of the marital residence and ordering defendant to pay plaintiff $6,000.00 within thirty days to be applied toward repairs of the marital home. 7. Defendant is unemployed and is without funds to pay the court ordered $6,000.00. 8. Defendant was not afforded due process in that he did not get the opportunity to be heard at the fifteen minute hearing. 9. Had Defendant testified he would have refuted Plaintiff's testimony and advised the court of his current economic situation. 10. Counsel for Plaintiff was consulted and opposes this Motion for Reconsideration and Hearing. WHEREFORE, Defendant requests this Honorable Court to reconsider its Order of September 15, 2008 and schedule a hearing so that Defendant may testify concerning his position on the Petition for Special Relief. Respectfully submitted, / "t ' l? cq line M. Verney, Esquire Supreme Ct. ID. 23167 44 South Hanover Street Carlisle, PA 17013 (717) 243-9190 Attorney for Defendant ATTORNEY VERIFICATION I verify that the facts included in the within document are true and correct based on information known to me or received from reliable sources. 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. Dated: Z cq line M. Verney, Esquire #2 67 44 S. Hanover Street Carlisle, PA 17013 717 243-9190 Attorney for Defendant CERTIFICATE OF SERVICE I, Jacqueline M. Verney, Esquire, hereby certify that a true and correct copy of the within Motion for Reconsideration and Hearing was served upon the following by placing the same in US Mail, first class, postage prepaid at the address and date as indicated. Jane Adams, Esquire 17 W. South Street Carlisle, PA 17013 Date 9 v hce li ne M?Ve e y, Esquire 3167 44 South Hanover Street Carlisle, PA 17013 (717) 243-9190 Attorney for Defendant ?"? ?` `= t ? ? ? ?_? a_ 4 --sTa ?'» _. z", ?[?? ? SEP 2 6LUU8 (n SUSAN C. McGEEHAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2008-4109 CIVIL ACTION - LAW JOHN H. McGEEHAN, Defendant/Respondent IN DIVORCE ORDER OF COURT AND NOW, this _l day of b cta? cS 2008, upon a tt., Or consideration of Defendant's Motion for Reconsideration and Hearing, - 10 gr ed-and- hearing is scheduled for the,)Qyld day of OC& , 2008 at a' 3a o'clock t-. M. in Courtroom No. 1, fourth floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA, 17013. cc: Jacqueline M. Verney, Esquire Jane Adams, Esquire BY THE COURT ti J. We 4(,-y Oler, Jr., 6 - 0 1 - 0 q I Vi ! f .r ..1? ,I f ` A! ??:' hJ?'< 6S • I Wd ! -100 ROOZ 3A 40 SUSAN C. McGEEHAN, Plaintiff VS. JOHN H. McGEEHAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-4109 CIVIL ACTION - LAW : IN DIVORCE : PACSES #80110200 :00652 S 2008 REQUEST FOR DRO CONFEREENCE PURSUANT TO PA.R.C.P 1920.31(3) AND NOW, comes, John H. McGeehan, by and through his attorney, Jacqueline M. Verney, Esquire, and requests a DRO Conference be scheduled and in support thereof, represents the following: 1. Defendant filed an Answer and Counterclaim to the Divorce Complaint raising the issue of APL. 2. Defendant requests a conference with a conference officer to determine APL pursuant to PA.R.C.P. 1920.31(3). Wherefore, Defendant requests a DRO Conference be scheduled in the above captioned matter. Respectfully submitted: ac line M. Verney, Esquire # 67 44 S. Hanover Street Carlisle, PA 17013 717-243-9190 Attorney for Defendant CERTIFICATE OF SERVICE I, Jacqueline M. Verney, Esquire, hereby certify that a true and correct copy of the within Request for DRO Conference was served upon the following by placing the same in US Mail, first class, postage prepaid at the address and date as indicated. Jane Adams, Esquire 17 W. South Street Carlisle, PA 17013 DateU - 17 -01Y 9t77?? A Jacq line M. Verney, Esquire #23167 44 South Hanover Street Carlisle, PA 17013 (717) 243-9190 Attorney for Defendant e•3 c°a PA -? % 65 tU cn SUSAN C. McGEEHAN, THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 08-4109 CIVIL TERM JOHN H. McGEEHAN, IN DIVORCE Defendant/Petitioner : PACSES NO: 136110412 ORDER OF COURT AND NOW, this 22nd day of October, 2008, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R. J. Shadday on November 13, 2008 at 10:30 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11© (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you. If you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, Edgar B. Bayley, President Judge Copies mailed to: Petitioner Respondent Jacqueline Verney, Esq. Jane Adams, Esq. Date of Order: October 2008 R. J. adday, Conference Officer YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 ?'` '"- ?' ???? =n <? ? r :, ? ?= -; - - - ....?? : x i -°- ? ?' r? to ", .. !?R ? ?"Y ? -5; SUSAN C. MCGEEHAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW JOHN H. MCGEEHAN, Defendant NO. 08-4109 CIVIL TERM IN RE: MOTION FOR RECONSIDERATION ORDER OF COURT AND NOW, this 22nd day of October, 2008, upon consideration of Plaintiff's Petition for Special Relief and of Defendant's Motion for Reconsideration and Hearing, and following an additional period of hearing pursuant to Defendant's request, the terms of the Order of Court dated September 15, 2008, are ratified and shall remain in full force and effect. i ?iane Adams, Esquire 17 W. South Street Carlisle, PA 17013 For Plaintiff Jacqueline Verney, Esquire 44 S. Hanover Street Carlisle, PA 17013 For Defendant :mae I i??s Malt LL (20 1 Ia??,Z?o$ By the Court, ' rya t1.?j J A IN, n? :Z Wid L Z 130 SSSZ u Ll'i SUSAN C. McGEEHAN, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. OM- Lqi (A JOHN H. McGEEHAN, ACTION IN DIVORCE Defendant 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. Where 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 at the Office of the Prothonotary, Cumberland County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES AND EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM 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 St. Carlisle, Pa. 17013 (717) 249-3166 SUSAN C. McGEEHAN, Plaintiff vs. JOHN H. McGEEHAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. ACTION IN DIVORCE AMENDED COMPLAINT IN DIVORCE COUNT I - DIVORCE 1. Plaintiff is Susan C. McGeehan, a competent adult individual, who resides at: 306 Melbourne Lane, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. Defendant is John H. McGeehan, a competent adult individual, who resided at the martial home at 6 Ruffian Circle, Dillsburg, York County, Pennsylvania, 17019, through June 13, 2008; he currently resides at 203 Thornridge Drive, Thorndale, Pennsylvania, 19372. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth for at least 6 months immediately previous to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on October 24, 1982, in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties other than as follows: Plaintiff previously filed a divorce complaint in York County, on October 3. 2008 in York County. That action has been withdrawn 6. Plaintiff has been advised that counseling is available and that plaintiff may have the right to request that the court require the parties to participate in counseling. 7. Plaintiff and Defendant have two children together, however both are over the age of 18 years. 8. Plaintiff and Defendant are both citizens of the United States of America. 9. Neither Plaintiff or Defendant are a member of the Armed Forces of the United States of any of its allies. 10. The Plaintiff avers that the grounds on which this action is based are: (a) That the marriage is irretrievably broken. (b) that Plaintiff has suffered such indignities as to render her condition intolerable and life burdensome pursuant to 23 Pa.C.S. 3301(a)(6). WHEREFORE, Plaintiff requests the court to enter a decree in divorce. COUNT II - EQUITABLE DISTRIBUTION OF PROPERTY 11. Items 1 - 10. are herein incorporated by reference. 12. During the course of the marriage, the parties have acquired numerous items of property, both real and personal, which are held in joint names and in the individual names of each of the parties hereto. 13. During the course of the marriage, the parties incurred numerous debts. 14. Plaintiff and Defendant have been unable to agree as to an equitable division of said marital property and debts. 15. Plaintiff is seeking an equitable division of all marital property. WHEREFORE, Petitioner prays this Honorable Court, after requiring full disclosure by the Defendant, to equitably divide the property, both real and personal, owned by the parties hereto as marital property. I verify that the statements made in this Complaint 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. ??? l? Date: usan C. McGeehan, Plaintiff Respectfully submitted, Date: // 0 7 , 0 5 Ja Adams, Esgu-ire `" outh St. IVrlis-le, 079465 Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF ???:? _. ;a .. ,, ., r?? ?. SUSAN C. McGEEHAN, Plaintiff vs. JOHN H. McGEEHAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2008 - 4109 ACTION IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Defendant moves this Court to appoint a master with respect to the following claims: Divorce X) Distribution of Property Annulment ( ) Support Alimony ( ) Counsel fees ( ) Alimony Pendente Lite ( ) Costs and Expenses and in support of the motion states: ( I ) Discovery is substantially complete as to the claim(s) for which the appointment of a master is requested. (2) The Defendant is represented by Jacqueline Verney, Esquire. (3) The statutory ground(s) for divorce is 3301 (a). (4) Delete the inapplicable paragraph(s): (a) The action is not cmitested. (b) An agreement has been reached with respect to the following claims: NONE. (c) The action is contested with respect to the following claims: ALL. (5) The action does not involve complex issues of law or fact. (6) The hearing is expected to take one day. (7) Additional information, if any, relevant to the motion: NONE. Date: tAttorney ms, Esquire uth St. Carlisle, Pa. 17013 for Plaintiff -8508 ORDER APPOINTIN G MASTER AND NOW, this , 2008, Robert Elicker, Esquire, is appointed Master with respect to the following claims: ALL. BY THE COURT: J. Cam , ?, -in SUSAN C. McGEEHAN, Plaintiff vs. JOHN H. McGEEHAN, . Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 08 - 4109 ACTION IN DIVORCE PETITION FOR CONTEMPT 1. Plaintiff/Petitioner is Susan C. McGeehan, (hereinafter referred to as "Wife") a competent adult individual, who has resided at 306 Melbourne Lane, Mechanicsburg, Cumberland County, Pennsylvania, 17055, since December 6, 2007. 2. Defendant/Respondent is John H. McGeehan, (hereinafter referred to as "Husband"), a competent adult individual, who resides at 203 Thornridge Avenue, Thorndale, Pennsylvania. 3. The Plaintiff and the Defendant were married on October 24, 1982, in Cumberland County, Pennsylvania. 4. Pursuant to Wife's request for exclusive possession of the marital residence, an Order was entered on September 15, 2008, whereby Husband was to pay Wife $6000.00 within thirty (30) days. A copy of the Order is attached as Exhibit A. 5. A subsequent hearing was held and an Order issued on October 22, 2008, whereby the September 15, 2008 Order was ratified. A copy of that Order is attached as Exhibit B. 6. As of the date of filing of this Petition, Husband has not paid Wife the amount of $6000.00. 7. Wife is requesting that Husband be found in contempt of court and suffer such sanctions as this Court deems appropriate. WHEREFORE, Petitioner/Wife requests this Honorable Court to find Husband in Contempt of Court and order any other such additional relief as this Honorable Court deems appropriate. Date: Respectfully submitted, Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PETITIONER Vane Adams, Esquire I.D. No. 79465 17 W. South St. SUSAN C. McGEEHAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW JOHN H. McGEEHAN, : Defendant NO. 08-4109 CIVIL TERM IN RE: PLAINTIFF'S PETITION FOR SPECIAL RELIEF AND NOW, this 15`x' day of September, 2008, upon consideration of Plaintiff's Petition for Special Relief, and following a hearing on September 12, 2008, it is ordered and directed as follows: 1. The Petition is granted to the extent that Plaintiff is granted exclusive possession of the marital residence at 6 Ruffian Circle, Dillsburg, York County, Pennsylvania, and Defendant is directed to pay to Plaintiff the sum of $6,000.00, within 30 days of the date of this order to be applied by Plaintiff to repairs on the home; 2. Nothing herein is intended to represent a ruling, partial or otherwise, as to equitable distribution; 3. The hearing scheduled for December 11, 2008, on Plaintiff's motion is cancelled. BY THE COURT, Ja Adams, Esq. West South Street Carlisle, PA 17013 Attorney for Plaintiff Jacqueline Verney, Esq. 44 South Hanover Street Carlisle, PA 17013 Attorney for Defendant :rc J es ey Ole J. ?o JEY 1817T (--+ l ; C'. i?1C SEE I Ir?[•i , 'lalnu i7--_ ti JOHN P. MCGEEHAN, Defendant IN THE =OUPT 1_)F 'Cl'll?i i? _ E )F' CUMBERLAND COUNTY, r'^I•TP; L'J_'-`_i =r. CIVIL ACTION - LAW NO. 08-4109 CIVIL TERM IN RE: MOTION FOR RECONSIDERATION? ORDER OF COURT AND NOW, this 22nd day of October, 2008, upon consideration of Plaintiff's Petition for Special Relief an(j or Defendant's Motion for Reconsideration and Hearinq, and following ari additional period of hearing pursuant to Defendant ' s request , the terms of the order of Court dated September 2000, are ratified and shall remain in full force and effect. By the Court, Jane,,-Adams, Esquire W. South Street Carlisle, PA 17013 For Plaintiff Jacqueline Verney, Esquire 44 S. Hanover Street Carlisle, PA 17013 For Defendant 111a e ?XN???tT B CERTIFICATE OF SERVICE I, Jane Adams, Attorney for Petitioner, hereby certify that a copy of Plaintiff's PETITION has been duly served upon the Respondent, by hand-delivery to Respondent's attorney, whose address is listed below: Jacqueline Verney, Esquire 44 S. Hanover St. Carlisle, Pa. 17013 ATTORNEY FOR RESPONDENT Date: it, I-), 0a n. e NAdams, Esquire Do. 79465 17 W. South St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PETITIONER C7 ^' IM -ty r c,a J ? cn C SUSAN C. McGEEHAN, Plaintiff vs. JOHN H. McGEEHAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2008 - 4109 ACTION IN DIVORCE ACCEPTANCE OF SERVICE I, Jacqueline Verney, Esquire, represent John H. McGeehan, in the above- captioned matter; I hereby accepted service of the Amended Complaint in Divorce, on or about the date listed below, which was filed by Plaintiff's Attorney under the above-captioned number and I hereby affirm I was authorized to do so. Date: iaacccla eline Verney, Esquire 44 S. Hanover St. Carlisle, Pa. 17013 (717) 243-9190 ATTORNEY FOR DEFENDANT ? _ ? C?;? .? ?? ?. ??. ' .? ?:? ? ? ?? =? ?? ? "'G `-. NOV 18 [008 SUSAN C. McGEEHAN, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 2008 - 4109 JOHN H. McGEEHAN, ACTION IN DIVORCE Defendant MOTION FOR APPOINTMENT OF MASTER Defendant moves this Court to appoint a master with respect to the following claims: Divorce X) Distribution of Property Annulment ( ) Support Alimony ( ) Counsel fees ( ) Alimony Pendente Lite ( ) Costs and Expenses and in support of the motion states: (1) Discovery is substantially complete as to the claim(s) for which the appointment of a master is requested. (2) The Defendant is represented by Jacqueline Verney, Esquire. (3) The statutory ground(s) for divorce is 3301 (a) (4) Delete the inapplicable paragraph(s): (a) The action is not contested. (b) An agreement has been reached with respect to the following claims: NONE. (c) The action is contested with respect to the following claims: ALL. , (5) The action does not involve complex issues of law or fact. (6) 'i'he hearing is expected to take one day. (7) Additional information, if any, relevant to the motion: NONE. t Date: ?Attorney e Adams, Esquire W. South St. Carlisle, Pa. 17013 for Plaintiff 7)245-8508 ORDER APPOINTING MASTER AND NOW, t*s ?W 2008, Robert Elicker, Esquire, is appointed Master with respect to the following claims: ALL. B HE COU QT : TCA14?1 -' J. S J Ct 1 0 41- C'-? Ci q "yt ,^ ?jo Nov 7 4.uuu SUSAN C. McGEEHAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 08 - 4109 JOHN H. McGEEHAN, ACTION IN DIVORCE Defendant ORDER OF COURT AND NOW, this day of nV , 2008, upon consideration of the attached Petition for Contempt, a hearing is set for the day of , 4a9QWg at o in Courtroom No. _L of the Cumberland County Courthouse, Carlisle, Pennsylvania, 17013. cc: Jane Adams, Esquire Jacqueline Verney, Esquire Y BY THE COURT: r- ,t9w `?.r 1 ILEJ CD ? r ? :i 41 ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT 08-4109 CIVIL State _Commonwealth of Pennsylvania @Original Order/Notice CO./City/Disc. of CUMBERLAND OAmended Order/Notice Date of Order/Notice 12/03/08 0Terminate Order/Notice Case Number (See Addendum for case summary) OOne-Time Lump Sum/Notice RE: MCGEEHAN, SUSAN C . Employer/Withholder's Federal EIN Number Employee/Obligor's Name (Last, First, MI) 200-52-4854 Employee/Obligor's Social Security Number HOMESALE REAL EST SERVICES IN* 6301102011 111 CENTERVILLE RD Employee/Obligor's Case Identifier LANCASTER PA 17603-4006 (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. for a total of $ 11000.00 per month to be forwarded to payee below. $ $ 0.00 0.00 $ 0.00 $ 0.00 $ 900.00 $ 100.00 $ 0.00 $ 0.00 per month in current child support per month in past-due child support per month in current medical support per month in past-due medical support per month in current spousal support per month in past-due spousal support per month for genetic test costs per month in other (specify) one-time lump sum payment Arrears 12 weeks or greater? O yes ® no You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 230 - 77 E per weekly pay period. $ 500.00 per semimonthly pay period (twice a month) $ 461.54 per biweekly pay period (every two weeks) $ 1, 000.00 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 paydateldate of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If required by Pennsylvania law (23 PA C.S. § 4374(b)) to remit by electronic payment method, please call Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAMEAND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR,SpCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. ? r /I BY THE COURT: DRO: R.J. Shadday Service Type M OMB No.: 09700154 J. Wesley Oler, Jr., Judge ` Form EN-028 Rev. 4 Worker ID $IATT 1,0 0 0 • x 1?• 52• 23111)-7 1,C0?) . x 12•Y 25 s S ah1 • 5s* ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS If hecked you are required to provide a copy of this form to your 3m If yo r employee works in a state that is di Brent from the state that issued this order, a copy must be provi?ed to your emp?oyee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one 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. 2328821330 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : 0 THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 0 EMPLOYEE'S/OBLIGOR'S NAME:MCGEEHAN, SUSAN C. EMPLOYEE'S CASE IDENTIFIER: 6301102011 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. 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 employeelobligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of. 1) the amounts allowed by the Federal Consumer Credit Protection Act (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: If you or your employee/obligor have any questions, DOMESTIC RELATIONS SECTION contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST by telephone at (717) 240-6225 or P.O. BOX 320 CARLISLE PA 17013 by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Rev. 4 Service Type M OMB No.: 097M1 54 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: MCGEEHAN, SUSAN C. PACSES Case Number 136110412 Plaintiff Name JOHN H. MCGEEHAN Docket Attachment Amount 08-4109 CIVIL$ 1,000.00 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 Plainti-ff 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 Service Type M Addendum Form EN-028 Rev. 4 OMB No.: 097"154 Worker I D $ IATT w co 71 SUSAN C. McGEEHAN, Plaintiff/Respondent VS. JOHN H. McGEEHAN, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 08-4109 CIVIL TERM IN DIVORCE PACSES Case No: 136110412 ORDER OF COURT AND NOW, this 4th day of December 2008, based upon the Court's determination that the Petitioner's monthly net income/earning capacity is $ 8,2054.27 and the Respondent's monthly net income/earning capacity is $ 5,780.27, it is hereby ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit One Thousan and 00/100 Dollars ($ 1000.00) per month payable bi-weekly as follows: $ 900.00 per month for Alimony Pendente Lite and $ 100.00 per month on arrears. First payment due: in accordance with Respondent's pay schedule in the amount of $ 461.54 bi-weekly. The effective date of the order is October 17, 2008. Arrears set at $ 2,243.84 as of December 4, 2008. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa.C.S.§ 3703. Further, if the Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and, at its discretion, make an appropriate Order, including, but not limited to, commitment of the Respondent to prison for a period not to exceed six months. Said money to be turned over by the PA SCDU to: John H. McGeehan. 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 THIS ORDER CONSIDERS A DOWNWARD DEVIATION DUE TO THE RESPONDENT HAVING EXCLUSIVE POSSESSION OF THE MARITAL HOME AND THE FULL RESPONSIBILITY OF THE MORTGAGE. EFFECTIVE JANUARY 1, 2009, THE APL IS DECREASED TO $100.00 PER MONTH PLUS AN ADDITIONAL SUM OF $100.00 PER MONTH FOR PAYMENT ON THE ARREARS. EFFECTIVE JANUARY 1, 2009, RESPONDENT WILL MAKE A DIRECT PAYMENT TO THE PETITIONER OF 40% OF ANY AND ALL NET COMMISION OR BONUS WITH VERIFICATION OF SAID COMMISSION OR BONUS. RESPONDENT WILL NOTIFIY THE DRS OF PAYMENT WITH VERIFICATION OF THE SAME WITHIN FIVE DAYS OF PAYMENT OF THE COMMISSION OR BONUS PAID TO HER. This Order shall become final twenty (20) after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Prothonotary for a hearing de novo before the Court. Consented: Petitioner Respondent Mailed copies on: DEC Q 03 2008 to: Petitioner Respondent Jacquleine M.. Verney, Esq. Jane Adams, Esq. Petitioner's Attorney Respondent's Attorney DRO: R.J. Shadday BY THE COURT, ra ? t co Q SUSAN C. McGEEHAN, VS. JOHN H. McGEEHAN, Plaintiff IN THE CO CIVIL ACTI OF COMMON PLEAS OF ) COUNTY, PENNSYLVANIA - DIVORCE : NO. 08 - 4109 IVIL TERM Defendant : IN DIVORCE Pacses Case N1 136110412 TO THE PROTHONOTARY: Plaintiff, Susan C. McGeehan, requests a hearing De Alimony Pendente Lite claim. regarding Defendant's Submitted, Date: t?- 17 Ja Ads, Esquire S uth St. C rlisle, a. 17013 17) 24f-8508 ATTORNEY FOR PLAINTIFF SUSAN . McGEEHAN N TE O AND NOW, this December 17, 2008, I, Jane Adams, ?ttorney for Susan C. McGeehan, Plaintiff, hereby certify that a copy of the REQUEST FOR A duly served upon the following parties, by forwarding such or first class mail, addressed to: Jacqueline Verney, Esquire 44 S. Hanover St. Carlisle, Pa. 17013 ATTORNEY FOR HUSBAND By: J.D. No. 17 W. S( Carlisle, (717) 24 ATTOR G DE NOVO has been inter-office mail, hand-delivery, uire ith St. a. 17013 8508 EY FOR NATURAL FATHER rt4 .??+ k C ? i '/ .•. In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION JOHN H. MCGEEHAN vs. SUSAN C. MCGEEHAN ORDER OF COURT You, Docket Number 08-4109 CIVIL Plaintiff ) PACSES Case Number 136110412 ) Defendant ) Other State ID Number SUSAN C. MCGEEHAN 306 MELBOURNE LN, MECHANICSBURG, PA. 17055-6675-06 are ordered to appear at DOMESTIC RELATIONS HEARING RM plaintiff/defendant of DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 before a hearing officer of the Domestic Relations Section, on the FEBRUARY 5, 2009 at 10: 3 OAM for a hearing. You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income Statement and the appropriate Expense Statement, if required, attached to this order, completed as required by Rule 1910.11 (c). 4. verification of child care expenses, and 5. proof of medical coverage which you may have, or may have available to you 6. information relating to professional licenses 7. other: Service Type M Form CM-509 Rev. 1 Worker ID 21302 t* , -0. MCGEEHAN If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest and/or enter an interim support order. If paternity is an issue, the court shall enter an order establishing paternity. THE APPROPRIATE COURT OFFICER MAY ENTER AN ORDER AGAINST EITHER PARTY BASED UPON THE EVIDENCE PRESENTED WITHOUT REGARD TO WHICH PARTY INITIATED THE SUPPORT ACTION. BY THE COURT: Date of Order: - _C JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE-HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. v• MCGEEHAN CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 PACSES Case Number: 136110412 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 24 0 - 6 2 2 5 . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Service Type M Page 2 of 2 Form CM-509 Rev. 1 Worker ID 21302 rIO -, C.r.7 If I *W In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION JOHN H. MCGEEHAN vs. SUSAN C. MCGEEHAN ORDER OF COURT You, Docket Number Plaintiff ) PACSES Case Number ) Defendant ) Other State ID Number JOHN H. MCGEEHAN 203 THORNRIDGE DR, THORNDALE, PA. 19372-1064-03 are ordered to appear at DOMESTIC RELATIONS HEARING RM 08-4109 CIVIL 136110412 plaintiff/defendant of DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 before a hearing officer of the Domestic Relations Section, on the FEBRUARY 5, 2009 at 10 : 3 OAM for a hearing. You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income Statement and the appropriate Expense Statement, if required, attached to this order, completed as required by Rule 1910.11 (c). 4. verification of child care expenses, and 5. proof of medical coverage which you may have, or may have available to you 6. information relating to professional licenses 7. other: Service Type M Form CM-509 Rev. 1 Worker ID 21302 4 MCGEEHAN If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest and/or enter an interim support order. If paternity is an issue, the court shall enter an order establishing paternity. THE APPROPRIATE COURT OFFICER MAY ENTER AN ORDER AGAINST EITHER PARTY BASED UPON THE EVIDENCE PRESENTED WITHOUT REGARD TO WHICH PARTY INITIATED THE SUPPORT ACTION. BY THE COURT: Date of Order: uc ?, I Z c o YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE-HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. v• MCGEEHAN CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 PACSES Case Number: 136110412 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 2 4 0 - 6 2 2 5 . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Service Type M Page 2 of 2 Form CM-509 Rev. Worker ID 21302 _ T l.C. ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT 08-4109 CIVIL State Commonwealth of Pennsylvania Co./City/Dirt. of CUMBERLAND Date of Order/Notice 01/01/09 Case Number (See Addendum for case summary) Q Original Order/Notice Amended Order/Notice Terminate Order/Notice QOne-Time Lump Sum/Notice RE MCGEEHAN, SUSAN C. Employer/Withholder's Federal EIN Number Employee/Obligor's Name (Last, First, MI) 200-52-4854 Employee/Obligor's Social Security Number HOMESALE REAL EST SERVICES IN* 6301102011 131 CENTERVILLE RD Employee/Obligor's Case Identifier LANCASTER PA 17603-4006 (See Addendwn 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'stobligor'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/ (g) yes 0 no $ o. oo per month in current medical support $ o.oo per month in past-due medical support $ loo. oo per month in current spousal support $ loo. oo 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 $ 200.00 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: $ 46.15 , per weekly pay period. $ loo. oo per semimonthly pay period (twice a month) $ 92.31 ' per biweekly pay period (every two weeks) $ 200.00 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 paydateldate 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..eamings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If required by Pennsylvania law (23 PA C.S. § 4374(b)) to remit by electronic payment method, please call Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFEN ANT'S NAMEAND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case ?71 tifier) OR 1Al SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BYMAIL. -11? BY THE COURT: J227 Z Z v O \j Ue Wesley O er, r., ge DRO: R. J. Shad Form EN-028 Rev. 4 Service Type M OMS No.: 0970-0154 Worker I D $ IATT 200• x 12•r 52•= 46•15* 200• x 12• . 26 92.31* ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS [] Ifheckefci you are reqthuin'c! to de aopy of this form to your mployee. If yoY r employee ork erent rs in g state thhal?is t om the state at issupris o er, a copy must be provied to your emp oyee even if tie box is not c ec 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 employeelobligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employeelobligor. 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 employeelobligor 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. 2328821330 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER: 0 THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: O EMPLOYEE'S/OBLIGOR'S NAME:MCGEEHAN, SUSAN C. EMPLOYEE'S CASE IDENTIFIER: 6301102011 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: FINAL PAYMENT AMOUNT- NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employeelobligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employeetobligor 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%n 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 P.O. BOX 320 CARLISLE PA 17013 by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Rev. 4 Service Type M OMB No.: 0970-0154 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: MCGEEHAN, SUSAN C. PACSES Case Number 136110412 PACSES Case Number Plaintiff Name Plaintiff Name JOHN H. MCGEEHAN Docket Attachment Amount Docket Attachment Amount 08-4109 CIVIL$ 200.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB PACKS Case Number Plaintiff Name PACSES Case Number Plaintiff Name Docket Attachment Amount Docket Attachment Amount $ 0.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name PACSES Case Number Plaintiff Name Docket Attachment Amount Docket Attachment Amount $ 0.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): Addendum Service Type M OMB No.: 09740154 DOB Form EN-028 Rev. 4 Worker I D $ IATT r "> - ? , ? - -?-; ? t_ ---? 4 ' ' ?=- ?? _.? ??, ,?. SUSAN C. McGEEHAN, Plaintiff vs. JOHN H. McGEEHAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 08 - 4109 ACTION IN DIVORCE PRAECIPE TO WITHDRAW CONTEMPT PETITION TO THE PROTHONOTARY: Please withdraw Plaintiff's Petition for Contempt, which was filed under the above-captioned matter. Respectfully Submitted: Date: 11619 Ja Adams, Esquire q1 W. South St. rlisle, Pa. 17013 7) 245-8508 Attorney for Plaintiff Susan C. McGeehan c.- ?' ?_ ? ? ?. ?,? ? ? -Y? SUSAN C. MCGEEHAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION JOHN H. MCGEEHAN, PACSES NO. 136110412 Defendant/Petitioner DOCKET NO. 08-4109 CIVIL INTERIM ORDER OF COURT AND NOW, this U?day of February, 2009, upon consideration of the Support Master's Report and Recommendation, a copy of which is attached hereto as Exhibit "A", it is ordered and decreed as follows: The Husband's claim for alimony pendente lite is denied. T '? i TI ? C'rl '' V7 IMPORTANT LEGAL NOTICE y? PARTIES MUST WITHIN SEVEN DAYS INFORM THE DOIWII SAC tom. RELATIONS SECTION AND THE OTHER PARTIES, IN WRITING,ANYw MATERIAL CHANGE IN CIRCUMSTANCES RELEVANT TO THE LfWEL OtU, SUPPORT OR THE ADMINISTRATION OF THE SUPPORT ORDER, INCLUDING, BUT NOT LIMITED TO, LOSS OR CHANGE OF INCOME OR EMPLOYMENT AND CHANGE OF PERSONAL ADDRESS OR CHANGE OF ADDRESS OF ANY CHILD RECEIVING SUPPORT. A PARTY WHO WILLFULLY FAILS TO REPORT A MATERIAL CHANGE IN CIRCUMSTANCES MAY BE ADJUDGED IN CONTEMPT OF COURT, AND MAY BE FINED OR IMPRISONED. PENNSYLVANIA LAW PROVIDES THAT ALL SUPPORT ORDERS SHALL BE REVIEWED AT LEAST ONCE EVERY THREE (3) YEARS IF SUCH REVIEW IS REQUESTED BY ONE OF THE PARTIES. IF YOU WISH TO REQUEST A REVIEW AND ADJUSTMENT OF YOUR ORDER, YOU MUST DO THE FOLLOWING: CALL YOUR ATTORNEY. AN UNREPRESENTED PERSON WHO WANTS TO MODIFY (ADJUST) A SUPPORT ORDER SHOULD CONTACT THE DOMESTIC RELATIONS SECTION. ALL CHARGING ORDERS FOR SPOUSAL SUPPORT AND ALIMONY PENDENTE LITE, INCLUDING UNALLOCATED ORDERS FOR CHILD AND SPOUSAL SUPPORT OR CHILD SUPPORT AND ALIMONY PENDENTE LITE, SHALL TERMINATE UPON DEATH OF THE PAYEE. A MANDATORY INCOME ATTACHMENT WILL ISSUE UNLESS THE DEFENDANT IS NOT IN ARREARS IN PAYMENT IN AN AMOUNT EQUAL TO OR GREATER THAN ONE MONTH'S SUPPORT OBLIGATION AND (1) THE COURT FINDS THAT THERE IS GOOD CAUSE NOT TO REQUIRE IMMEDIATE INCOME WITHHOLDING; OR (2) A WRITTEN AGREEMENT IS REACHED BETWEEN THE PARTIES WHICH PROVIDES FOR AN ALTERNATE ARRANGEMENT. UNPAID ARREARAGE BALANCES MAY BE REPORTED TO CREDIT AGENCIES. ON AND AFTER THE DATE IT IS DUE, EACH UNPAID SUPPORT PAYMENT SHALL CONSTITUTE, BY OPERATION OF LAW, A JUDGMENT AGAINST YOU, AS WELL AS A LIEN AGAINST REAL PROPERTY. IT IS FURTHER ORDERED THAT, UPON PAYOR'S FAILURE TO COMPLY WITH THIS ORDER, PAYOR MAY BE ARRESTED AND BROUGHT BEFORE THE COURT FOR A CONTEMPT HEARING; PAYOR'S WAGES, SALARY, COMMISSIONS, AND/OR INCOME MAY BE ATTACHED IN ACCORDANCE WITH LAW. PAYOR IS RESPONSIBLE FOR COURT COSTS AND FEES. The parties are hereby advised that they may file written exceptions to the Support Master's Report and Recommendation within twenty (20) days of this order. Exceptions shall conform with the requirements of Rule 1910.12(f), Pa. R.C.P. If written exceptions are filed by any party, the other party may file exceptions within twenty (20) days of the date of service of the original exceptions. If no exceptions are filed within twenty (20) days of this interim order, this order shall then constitute a final order. By the Court, V esley Oler, Cc: Susan C. McGeehan John H. McGeehan Jacqueline M. Verney, Esquire For the Defendant/Petitioner Jane Adams, Esquire For the Plaintiff/Respondent DRO SUSAN C. MCGEEHAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION JOHN H. MCGEEHAN, PACSES NO. 136110412 Defendant/Petitioner DOCKET NO. 08-4109 CIVIL SUPPORT MASTER'S REPORT AND RECOMMENDATION Following a hearing held before the undersigned Support Master on February 5, 2009, the following report and recommendation are made: FINDINGS OF FACT 1. The Petitioner is John H. McGeehan, who resides at 203 Thornridge Drive, Thorndale, Pennsylvania; he will hereafter be referred to as "the Husband." 2. The Respondent is Susan C. McGeehan, who resides at 6 Ruffian Circle, Dillsburg, Pennsylvania; she will hereafter be referred as "the Wife." 3. The parties were married on October 24, 1982. 4. The parties separated on November 1, 2007 when the Wife left the marital residence. 5. The parties have two children, both of whom are emancipated. 6. The Wife filed a complaint for divorce in York County, Pennsylvania on October 3, 2007, which was subsequently withdrawn. 7. The Wife filed a complaint for divorce in Cumberland County, Pennsylvania on or about July 10, 2008. 8. The Husband filed a claim for alimony pendente lite and requested a hearing thereon on October 17, 2008. 9. The Husband was employed by Roadway Express for approximately 20 years. 10. On or about May 29, 2008 the Husband voluntarily terminated his employment with Roadway. 11. In 2007 the Husband earned approximately $125,000.00 in salary and commissions at Roadway. 12. The Husband is an alcoholic. EXHIBIT "A" 13. The Husband voluntarily committed himself for in-patient treatment at Roxbury Treatment Center in December, 2007, February, 2008, and May, 2008. 14. The Husband has a retirement pension and a 401(k) account at Roadway Express, neither of which he can collect without the consent of the Wife. 15. The Husband did not begin seeking employment until September, 2008. 16. The Husband applied for no positions with earnings comparable to that which he earned at Roadway. 17. In January, 2009 the Husband accepted an offer of employment with Legacy Logistics at an annual salary of $40,000.00 and potential commissions in the future. 18. On or about May 22, 2008 the Husband was cited for Driving Under the Influence of alcohol. 19. The Wife was employed as a real estate sales agent for RE/MAX Realty Associates in 2007. 20. The Wife was a independent contractor with RE/MAX. 21. In 2007 the Wife had gross commissions of approximately $126,000.00 and expenses of approximately $50,000.00 to $60,000.00. 22. The Wife has not yet filed her 2007 federal income tax return. 23. On or about July 29, 2008 the Wife obtained employment with Prudential Real Estate as an operations manager with a gross annual salary of $67,500.00. 24. The Wife had gross commissions in 2008 from RE/MAX of approximately $44,000.00. 25. The Wife had expenses with RE/MAX significantly reducing her net profit. 26. The marital home was vacant from June through October, 2008. 27. The Wife paid the monthly first mortgage payment of $2,127.40 during the period of time the home was vacant. 28. The Wife obtained exclusive possession of the home in October, 2008 and began residing in the home in November, 29. The outstanding balance on the mortgage exceeds the current value of the home. 2 30. The parties have a joint obligation to the Internal Revenue Service for taxes owed for tax years 2005 and 2006. 31. It is anticipated that both parties will have a tax debt for tax years 2007 and 2008. 32. The Husband is 51, and the Wife is 47. 33. Both parties are college graduates. 34. Neither party has a physical or mental condition that precludes either from continued employment. DISCUSSION In Clouse v. Clouse, 50 Cumberland L.J. 167,170 (2001) the Honorable J. Wesley Oler discussed the law of Pennsylvania as it relates to the subject of alimony pendente lite wherein he stated: The determination of whether to award alimony pendente lite has traditionally been a matter within the sound discretion of the trial court. Litmans v. Litmans, 449 Pa. Superior Ct. 209, 222, 673 A.2d 382, 388 (1996) (citing Murphy v. Murphy, 410 Pa. Superior Ct. 146, 599 A.2d 647 (1991), appeal denied, 530 Pa. 633, 606 A.2d 902 (1992), cert. denied, 506 U.S. 868, 113 S.Ct. 196, 121 L.Ed. 2d 139 (1992)). APL is based on the need of one spouse to have the financial resources to pursue or defend a divorce action. Litmans, supra at 222, 763 A.2d at 388. The claimant must show that APL is needed to adequately preserve his or her rights in the litigation. Sutliff v. Sutliff, 326 Pa. Superior Ct. 496, 500, 474 A.2d 599, 600 (1984), overruled on other grounds, Rosen v. Rosen, 520 Pa. 19, 549 A.2d 561 (1988). In this regard, the Pennsylvania Superior Court has stated that "a spouse seeking alimony pendente lite who has sufficient assets to meet the needs of the pending litigation and who is equally situated with the other spouse to maintain or defend the action, will not be awarded alimony pendente lite." Powers v. Powers, 419 Pa. Superior Ct. 464, 467, 615 A.2d 459, 460 (1992). In adjudicating a claim for alimony pendente lite, a court should consider the following factors: "the ability of the other party to pay; the separate estate and income of the petitioning party; and the character, situation, and surroundings of the parties." Litmans, supra. at 224, 673 A.2d at 389. Once entitlement to an award of alimony pendente lite is established, the calculation of the amount of the award is made pursuant to the support guidelines. Little v. Little, 47 Cumberland L.J. 131 (1998). There is no dispute that the Husband had a severe problem with alcohol when the Wife left the marital home on November 1, 2007. He did not suddenly become an alcoholic after her departure. The Husband earned $125,000.00 in 2007 while suffering from alcoholism. Following the separation the Husband voluntarily committed himself on three separate occasions for in-patient treatment at a detox center. While in detox on May 29, 2008 the Husband voluntarily terminated his employment with Roadway Express. When the Wife filed the divorce complaint in Cumberland County on July 10, 2008 the Husband was not gainfully employed and was not attempting to find employment. When the Husband filed his request for hearing on his alimony pendente claim in October he was searching for employment but had not yet been offered a job. The Husband made no attempt to find employment with a salary comparable to that which he earned at Roadway Express. In January, 2009 the Husband accepted employment with a salary significantly less than that which he earned at Roadway. As the Petitioner the Husband has the burden of proof to demonstrate entitlement to an award of alimony pendente lite. The granting of alimony pendente lite is not a matter of right to either party. Nemoto v. Nemoto, 620 A.2d 1216 (Pa. Super. 1993). The purpose of alimony pendente lite is to sustain the dependent spouse on an equal basis with the other spouse while he or she maintains or defends the divorce action. Krakovsky v. Krakovsky, 583 A.2d 485 (Pa. Super. 1990). The Husband was not a dependent spouse during the marriage. His income was equal to or greater than that of the Wife when they separated in November, 2007. It is only because of his voluntary termination of his employment with Roadway Express that he has placed himself in a state of unequal financial ability to litigate the divorce proceedings. Under the circumstances of this case in the opinion of this Master he is not entitled to an award of alimony pendente lite. RECOMMENDATION The Husband's claim for alimony pendente lite is denied. Date Michael R. Rundle Support Master 4 C`? c.:? ...? C;f .--a -+'t "`? ? ? ?? . r ...t 7 ,.. ,,, ., f ? ?" _ i -* i _` 4 ..? t°C1 ? SUSAN C. MCGEEHAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION JOHN H. MCGEEHAN, PACSES NO. 136110412 Defendant/Petitioner DOCKET NO. 08-4109 CIVIL INDEX OF EXHIBITS Petitioner's Exhibit No. 1 - Income and expense statement Respondent's Exhibit No. 1 - Court order on special relief Respondent's Exhibit No. 2 - Agreement between the parties Respondent's Exhibit No. 3 - Fidelity investments withdrawal request Respondent's Exhibit No. 4 - 2008 expenses Respondent's Exhibit No. 5 - 2008 RE/MAX commissions Respondent's Exhibit No. 6 - 2009 earnings statement INCOME AND EXPENSE STATEMENT OF SSy_.,L.-•_99?v ORq DATE THIS STATEMENT MUST BE FILLED OUT (if you are self-employed or if you are salaried by a business of which you are owner in whole or in part, you must also 101 cut the Supplemental Income Statement which appears on the last page of this Income and Expense Statement.) INCOME (a) WagesiSalary Employer b Address e L Job Title/Description Pay Period (weekly. bi•weekly. monthly) Gross Pay per Pay Period .......................... .... ( ....... Payroll Deductions: Federal Withholding ..................S Social Security ...........................S Local Wage Tax ..........................5 State Income Tax .......................S Retirement ......... ......................... S i 12o I oq -4 qO1,6o D Health Insurance ........................S Other (specify) ............................5 .........................S ......................... S Net Pay per Pay Period ................... n ff__LD?......: l.................................................... S (b) Other Income Week InterestlDividends ......................S Pension/Annuity .........................5 Social Security ...........................S Rents/Royalties ..........................S Expense Account .......................S Gifts .............................................S Unemployment Compensation .S Workmen's Compensation ........S Total, Other income .......................S Month S s a s S S s s Year S s s s S s s s s s INCOME AND EXPENSE STATEMENT OF PETITIONER'S I verity that the statements made In this Income and Expense State-EXHIBIT ment are true and correct. I understand that tale statements here US made subjeet to the penalties of 18 Pa.C.B. a" tetati unsworn t I)ic lion to authorities. l Date: °? Household Week EXPENSES Heme Mortgage:Rent ........................................ S Maintenance ........................................... S Utilities (telephone, heating electric, etc.) ....................................... $ Employment (transportation, lunches) ............................................... S Takes Real Estate .............................................. $ Personal P rty .......... $ Income . .? ?..Q4.4 - 09............ S insurance Homeowners ........................................... S Automobile .............................................. S Life/AccidentiMealth .............................. S other ........................................................ S Automobile (payments, fuel, repairs) ................................................. S Medical Doctor, Dentist, Orthodontist ................ S Hospital ................................................... S Special (glasses, braces, etc.) ............... S Education Private. Parochial School ....................... S College ..................................................... S Personal Clothing ................................................. S Food ......................................................... S ?. Other (household supplies, barber, etc.) .......................................... S Credit payments and loans .................... $ Miscellaneous Household helplchild care .................... $ Entertainment (inc. papers, books, vacation, pay TV, etc.) ............ S Gifts/Charitable contributions .............. $ Legal Fees .............................................. $ Other child supportlalimony payments .......................................•..... $ Other (specify) ............................................... $ Child Week S S S S S S S s S S S S S S S S S S S S S s 3 S S $ S Household Month $ 600. o o S Child Month s S $ S S S S S S S S S S $ S S S? S $ S s S S S S S S S S $ s S $ 0 C (?O S S:2-10o' (90 S $ IL9 0'oo S $ S s S S S S S S S S S S Total Expenses ............................................. $ $ S S ? r Ownership* PROPERTY OWNED C- Description Checking Accounts ....... - - T Savings Accounts ........... Credit Union ................... Stocks[Sonds .................. Peat Esta'a ..................... Other ............................... Company Total, Property ..................... S INSURANCE Hospital .....:.??..?.. Medical .. Health/Accident .............. Disability income ............ Other (dental, etc.) .......... (' H - Husband, W - Wife. J - Joint, C - Child) Value H W J S S S S S S S S S S S S Policy No. Coverage' H W C SUPPLEMENTAL INCOME STATEMENT A. This form must be filled out by a person who (check one): (1) operates a business or practices a profession; or (2) is a member of a partnership or joint venture; or (3) is a shareholder in and is salaried by a closed corporation or similar entity. 8. Attach to this statement a copy of the following documents relating to the business, profession, partnership, joint venture. corporation or similar entity. (1) the most recent Federal Income Tax Return, and (2) the most recent Profit and Loss Statement. C. Name and Address of business: Telephone Number 0. Name and Address (if different than C) of accountant, controller or other person in charge of financial records: E. (1) Annual income from business ............................................................................................. S (2) How often is income received? ............................................................................................ $ (3) Gross income per pay period ............................................................................................... $ (4) Net income per pay period ................................................................................................... $ (5) Specific deductions if any .................................................................................................... S SUSAN C. McGEEHAN, Plaintiff BY THE COURT, v JOHN H. McGEEHAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-4109 CIVIL TERM IN RE: PLAINTIFF' S PETITION FOR SPECIAL RELIEF AND NOW, this 15`x' day of September, 2008, upon consideration of Plaintiff's Petition for Special Relief, and following a hearing on September 12, 2008, it is ordered and directed as follows: 1. The Petition is granted to the extent that Plaintiff is granted exclusive possession of the marital residence at 6 Ruffian Circle, Dillsburg, York County, Pennsylvania, and Defendant is directed to c? pay to Plaintiff the sum of $6,000.00, within 30 days of the date of this order to be applied by Plaintiff to repairs on the home; 2. Nothing herein is intended to represent a ruling, partial or otherwise; as to equitable distribution; 3. The hearing scheduled for December 11, 2008, on Plaintiff's motion is cancelled. Ja Adams, Esq. West South Street Carlisle, PA 17013 Attorney for Plaintiff Jacqueline Verney, Esq. 44 South Hanover Street Carlisle, PA 17013 Attorney for Defendant :rc F- -I •RESPONDENT'S, EXHIBIT a-s? 09 v4 / I / y y Ole J. re s, e ?. i t?$1 e.? ?`tom+'k _ ,rev k IlC+3EEH?Ui, IN THE faint i f- CUMBERLAND COUNT`17 , r 1d1?S' L :"-, +• .r. V CIVIL ACTION - LAW JOHN H. MC'GEEHAN, Defendant NO. 08-4109 CIVIL TERM IN RE: MOTION FOR RECONSIDERATION ORDER OF COURT AND NOW, this 22nd day of October, 2008, upon consideration of Plaintiff's Petition for Special Relief and of Defendant's Motion for Reconsideration and Hearing, and following an additional period of hearing pursuant to Defendant's request, the terms of the order of Court dated September 15, 2,008, are ratified and shall remain in full force and effect. By the Court, Jane,-Adams, Esquire W. South Street Carlisle, PA 17013 For Plaintiff Jacqueline Verney, Esquire 44 S. Hanover Street Carlisle, PA 17013 For Defendant mae b 2 e27. Dom- 12/24/2008 u + 12:03 7172433518 NERNEY PAGE 02 SUSAN C. MCGEEHAN, : IN THE COURT OF COMMON PLEAS OF PlaintifUPetitioner : CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2008-4109 CIVIL ACTION - LAW JOHN H. McGCEHAN, Defendant/Respondent IN DIVORCE AC[ EEMENT TRIS AGREEMENT, made this 4,4- day of 2008, by Susan C. McGeehan, hereinafter referred to as Wife and John Ff. McGeehan, hereinafter referred to as Husband. Whereas, a divorce complaint has been filed by Wife seeking equitable distribution and a decree in divorce, and Whereas. Wife filed for exclusive possession of the marital residence located at 6 Ruffian Way. Dillsburg. Pennsylvania; and Whereas, the Honorable J. Wesley O)er. Jr,. ordered Wife to have exeusive possession and Husband to pay Wife $6000,00 toward the repair of said residence; and Whereas. l-lusband has proposed to transfer $26,059.51 from the Fidelity account: and Whereas, Wife aid Husband agree that thv: transfer shall occur mid payments of 6,000.00 to Wife plus $2,000.00 each to Wife and 1-lttsband shall occur; and Whereas. Wife agrees to withdraw her 1'etition for Contempt; A,S-a? Y? NOW TI 1I:RF,1`011F. in consideration of the mutual covenants and intending to be legally bound, the parties agree as follows: 1- Wife and Husband agree to execute a Withdrawal 1tequest front Fidelity Investments in the amount of $26,059.51. It is understood and agrt ed that FidClity will withhold an appropriate -12/29!2008 12:03 7172433518 JVERNEY amount of taxes from said amount. WITNESS: 2. From the remainder of the proceeds of the withdrawal, Wife shall receive $6,000.00 pursuant to the Order of Court, alone; with an additional $2,000.00. Husband shall receive $2.000.00 from said withdrawal. PAGE 03 3. The remainder of the amount shall he Frozen and may not he removed without further Order of Court or Agreement of the parties. 4. Distribution pursuant to this agreement shall not prejudice either party's rights as to ultimate equitable distribution of the marital aswts. 5. Upon Wife's receipt of the procceds, $6,000.00 -.md $2,000.00, Wil'e's Petition for Contempt shall be withdrawn. c:Geehan P J ?n H. McGfthan Fidelity Investments YRC Worldwide Distributions P.O. Box 770001 Cincinnati, OH 45277-0018 0050'V00W"9 Control No: 083251703YO5Q . PART]GIPAt>il NAME Piialf? Af1Dt?E.SS. )?A.$Jn01P/(ta1? E3RMA? 'J'ON JOHN MCGEERAW.. 203 THORNRIDGE DRIVE SSN: 2E13-42-897 late of Parti?ipal on. YES 7il).L) Daytime Phone: gate of faire : X S(X7f THORN DALE, PA 18372- Date of 1.... X)SJ?SJf/ftX Dlvisian Emp16. .0 f3. XXO= Location w0b se 1+47 xxom -., . Payment Option: Lump Sum 0 Employee Managed Distribution 0 Joint and Survivor Annuity Company Managed Distribution Recurring Payments: Installments of each, paid Installments, paid I have received the Rollover election material which contains information on the Rollover Options. Election To Waive Joint an Survivor ? nnulty Not Married: I certify that I am not married. 1 hereby waive the right to receive my vested Account Balance(s) under the Plan in the form of a life annu I understand that the life annuity is an annuity contract purchased from a life insurance company which will provide monthly annuity payments to me during my life commencing immediately. © Married: I hereby waive my right to receive my vested Account Balance(s) under the Plan in the form of a qualified joint and survivor annuity. I undo stand that the qualified joint and survivor anuity contract is an annuity contract purchased from a life insurance company which will provide annuity I ayments to me during my life commencing immediately and periodic payments equal to 50% of the amount I received continuing for the fife of my Spous if he/she rvi s me.1 undo'stand that I r9fiy re ke this waiver at any time prior to the day that payment of my vested Account 13alance(s) under the P19 is to c s ( ` icipan's Signauie D e /? //?j Consil:nt of Spvause fo Waive JcatM std Survtvar A?tnutty I, .SG"• 1cr)ee `lClse of the Participant in the Plan, hereby consent to the waiver of the joint and survivor annuity. I acknowledge that I have reviewed the explanation of the qualified joint and survivor annuity and that I understand what I forego by making this consent. I further acknowledge that I may not be entitled to a benefit under the Plan in the event of my spouse's death if I have not been designated as my spouse's primary beneficiary. I understand my consent is irrevocable unless my spouse revokes the waiver election. I understand any changes in this form of nefit elec' n is ubect t?my consent, unless spouse elects it recei 1 qu?lff'edt ?d s? urvivor annuity. t Signature o1 arfc par1f's Spouse ( ust be (w..,iitnesse by a Plan Representative or a Notary Public) Signature of spouse witnessed this day of . 20_, in the presence of: STATE OF l`11'151?W a 1') L L- COUNTY OF U y'Y1 P r 16 11ri Plan Representative h - On this - day of ! 1?' ''1'1f1U C . 20-C& before me appeared S'LA f) tk ?-lj 1ehfi n who acknowledged Print Name} herself or himself to consent set forth above and acknowledged the consent to be his or her free act and deed. COMMO NoWW Seal N ry Public SEAL: '? M. Good, ? Public M Commission a res: V)io 0 &0 IN MyCamdssbEx*wDec.6,2011 WITHHOLDING TAX NOTICE Please nevi ® &FR sd to the Internal Revenue Service as soon as a distribution occurs and cannot be returned. I understand that all or a portion of the distribution which I do not elect to have transferred as a direct rollover to either an Individual Retirement Account to another qualified retirement plan will be subject to mandatory withholding of federal income tax. 20% of the taxable portion of your distribution which is transferred will be withheld and remitted to the Internal Revenue Service. Depending upon my tax status, I may owe additional taxes on this distribution. I understand that I may defer my distribution at least thirty (30) days after receipt of the Notice of Taxation. I hereby elect a distribution or direct rollover seven (7) days after the explanation of the joint and survivor annuity has been provided to me and if I have obtained the consent of my spouse, where applicable. I understand that my distribution may also be subject to state income tax and that I may elect not to have state income withholding apply to my withdraw N 1 do not elect to have state income taxes withheld, I may be responsible for payment of an estimated state income tax. A portion of this distribution may also be subject to the 10% penalty tax under the Internal Revenue Code for the early withdrawals. This penalty tax is in addition to federal and state income taxes. 1 DO NOT elect to transfer all or a portion of my distribution in a direct rollover to an IRA or to another qualified plan. I DO F-1 DO NOT ® want state tax withheld from my withdrawal distribution. Please note: In some states, tax withholding ' ` • State taxes withheld follow state guidelines: straight percent of withdrawal, or percentage of federal tax amount. EXHIBIT Note: Not withstanding the above election, state income tax will be withheld if required. COMPANY MANAGED ACCOUNT DISTRIBUTION OF YELLOW COMMON STOCK Your common stock will be distributed in Cash or Certificate form as requested during a telephone conversation with our Customer oeivr"a ne ivxtaaii This application must be approved by Fidelity Institutional Retirement Services Co. on or before the Expiration Date listed above. Any exchanges or withdrawals made within your account after the time you requested this transaction and before actual processing may cause your transaction to be rejected. I have read and understand the provisions of full distributions. I further understand the tax implications. I hereby authorize the company to distribute to me the amount indicated above as a full distribution. I understand that an incomplete withdrawal application will be returned to me. YRC Worldwide WITHDRAWAL REQUEST/ TERMINATION OF SERVICE Expiration Date: 02/27/09 ty. I(IRA) 1 1 not al. IT'S 1i F0red35714TW1 For example, you,can generally elect this special tax treatment only once in your lifetime, and the election applies to all lump sum distributions that you receive in 00.5U2UpUj;574 that same year. You may not elect this special tax treatment if you rolled amounts into this Plan from a 403(b) tax-sheltered annuity contract, a goverumental 457 plan, or from an IRA not originally attributable to a qualified employer plan. If you have previously rolled over a distribution from this Plan (or certain other similar plans of the employer), you cannot use this special averaging treatment for later payments from the Plan. If you roll over your payment to a traditional IRA, governmental 457 plan, or 403(b) tax-sheltered annuity, you will not be able to use special tax treatment for later payments from that IRA, plan, or annuity. Also, if you roll over ohly a portion of your payment to a traditional IRA, governmental 457 plan, or 403(b) tax-sheltered annuity, this special tax treatment is not available for the rest of the payment. See IRS Form 4972 for additional information on lump sum distributions and how you elect the special tax treatment. Employer Stock or Securities There is a special rule for a payment from the Plan that includes employer stock (or other employer securities). To use this special rule, 1) the payment must qualify as a lump sum distribution, as described above, except that you do not need five years of plan participation, or 2) the employer stock included in the payment must be attributable to "after-tax" employee contributions, if any. Under this special rule, you may have the option of not payingtax on the "net unrealized appreciation" of the stock until you sell the stock. Net unrealized appreciation generally is the increase in the value of the employer stock while it was held by the Plan. For example, if employer stock was contributed to your Plan account when the stock was worth $1,000 but the stock was worth $1,200 when you received it, you would not have to pay tax on the $200 increase in value until you later sold the stock. You may instead elect not to have the special rule apply to the net unrealized appreciation. In this case, your net unrealized appreciation will be taxed in the year you receive the stock, unless you roll over the stock. The stock can be rolled over to a traditional IRA or another eligible employer plan, either in a direct rollover or a rollover that you make yourself. Generally, you will no longer be able to use the special rule for net unrealized appreciation if you roll the stock over to a traditional IRA or another eligible employer plan. If you receive only employer stock in a payment that can be rolled over, no amount will be withheld from the payment. If you receive cash or property other than employer stock, as well as employer stock, in a payment that can be rolled over, the 20% withholding amount will be based on the entire taxable amount paid to you (including the value of the employer stock determined by excluding the net unrealized appreciation). However, the amount withheld will be limited to the cash or property (excluding employer stock) paid to you. If you receive employer stock in a payment that qualifies as a lump sum distribution, the special tax treatment for lump sum distributions described above (such as 10-year averaging) also may apply. See IRS Form 4972 for additional information on these rules. Renavment of Plan Loans. If your employment ends and you have an outstanding loan from your Plan, your employer may reduce (or "offset") your balance in the Plan by the amount of the loan you have not repaid. The amount of your loan offset is treated as a distribution to you at the time of the offset and will be taxed unless you roll over an amount equal to the amount of your loan offset to another qualified employer platy or a traditional IRA within 60 days of the date of the offset. If the amount of your loan offset is the only amount you receive or are treated as having received, no amount will be withheld from it. If you receive other payments of cash or property from the Plan, the 20% withholding amount will be based on the entire amount paid to you, including the amount of the loan offset. The amount withheld will be limited to the amount of other cash or property paid to you (other than any employer securities). The amount of a defaulted plan loan that is a taxable deemed distribution cannot be rolled over. IV. SURVIVING SPOUSES ALTERNATE PAYEES AND OTHER BENEFICIARIES in general, the rules summarized above that apply to payments to employees also apply to payments to surviving spouses of employees and to spouses or former spouses who are "alternate payees." You are an alternate payee if your interest in the Plan results from a "qualified domestic relations order," which is an order issued by a court, usually in connection with a divorce or legal separation. If you are a surviving spouse or an alternate payee, you may choose to have a payment that can be rolled over, as described in Part I above, paid in a DIRECT ROLLOVER to a traditional IRA or to an eligible employer plan or paid to you. If you have the payment paid to you, you can keep it or roll it over yourself to a traditional IRA or to an eligible employer plan. Thus, you have the same choices as the employee. If you are a beneficiary other than a surviving spouse or an alternate payee, you cannot choose a direct rollover, and you cannot roll over the payment yourself. If you are a surviving spouse, an alternate payee, or another beneficiary, your payment is generally not subject to the additional 10% tax described in Part III above, even if you are younger than age 59Ix. If you are a surviving spouse, an alternate payee, or another beneficiary, you may be able to use the special tax treatment for lump sum distributions and the special rule for payments that include employer stock, as described in Part III above. If you receive a payment because of the employee's death, you may be able to treat the payment as a lump sum distribution if the employee met the appropriate age requirements, whether or not the employee had 5 years of participation in the Plan. HOW TO OBTAIN ADDITIONAL INFORMATION This notice summarizes only the federal (not state or local) tax rules that might apply to your payment. The rules described above are complex and contain many conditions and exceptions that are not included in this notice. Therefore, you may want to consult with the Plan Administrator or a professional tax advisor before you take a payment of your benefits from your Plan. Also, you can find more specific information on the tax treatment of payments from qualified employer plans in IRS Publication 575, Pension and Annuity Income, and IRS Publication 590, Individual Retirement Arrangements. These publications are available from your local IRS office, on the IRS's Internet Web Site at www.irs.gov, or by calling 1-800-TAX-FORMS. 402FP4.DSP Change. in Tax Treatment Resulting from a DIRECT ROLLOVER. The tax treatment of any payment from the eligible employer plan or traditional IRA receiving r9,4 02/UW673 your DIRECT ROLLOVER might be different than if you received your benefit in a taxable distribution directly from the Plan. For example, if you were bom before January 1, 1936, you night be entitled to ten-year averaging or capital gain treatment, as explained below. However, if you have your benefit rolled over to a section 403(b) tax-sheltered annuity, a governmental 457 plan, or a traditional IRA in a DIRECT ROLLOVER, your benefit will no longer be eligible for that special treatment. See the sections below entitled "Additional 10% Tax if You Are under Age 59%" and "Special Tax Treatment if You Were Born before January 1, 1936." 111. PAYMENT PAID TO YOU If your payment can be rolled over (see Part I above) and the payment is made to you in cash, it is subject to 20% federal income tax withholding on the taxable portion (state tax withholding may also apply). The payment is taxed in the year you receive it unless, within 60 days, you roll it over to a traditional IRA or an eligible employer plan that accepts rollovers. If you do not roll it over, special tax rules may apply. Income Tax Withholding; Mandatory Withholding. If any portion of your payment can be rolled over under Part I above and you do not elect to make a DIRECT ROLLOVER, the Plan is required bylaw to withhold 20% of the taxable amount. This amount is sent to the IRS as federal income tax withholding. For exatnple, if you can rollover a taxable payinent of $10,000, only $8,000 will be paid to you because the Plan must withhold $2,000 as income tax. However, when you prepare your income tax return for the year, unless you make a rollover within 60 days (see "Sixty-Day Rollover Option" below), you must report the full $10,000 as a taxable payment from the Plan. You moist report the $2,000 as tax withheld, and it will be credited against any income tax you owe for the year. There will be no income tax withholding if your payments for the year are less than $200. Voluntary Withholding. If any portion of your payment is taxable but eauuot be rolled over under Part 1 above, the mandatory withholding rules described above do not apply. In this case, you may elect not to have withholding apply to that portion. If you do nothing, an amount will be taken out of this portion of your payment for federal income tax withholding. To elect out of withholding ask the Plan Administrator for the election foray and related information. Sixty-Day Rollover Option. If you receive a payment that can be rolled over under Part I above, you can still decide to roll over all or part of it to a traditional IRA or to an eligible employer plan that accepts rollovers. If you decide to roll over, you must contribute the amount of the naymentyou received to a traditional IRA or eligible employer plan within 60 days after you receive the payment. The portion of your payment that is rolled over will not be taxed until you take it out of the traditional IRA or the eligible employer plan. You can roll over up to 1001/6 of your payment that can be rolled over under Part I above, including an amount equal to the 20% of the taxable portion that was withheld. If you choose to roll over 100%, you must find other money within the 60-day period to contribute to the traditional IRA or the eligible employer plan, to replace the 20% that was withheld. On the other hand, if you roll over only the 80% of the taxable portion that you received, you will be taxed on the 20% that was withheld. Exautole: The taxable portion of your payment that can be rolled over under Part I above is $10,000, and you choose to have it paid to you. You will receive $8,000, and $2,000 will be sent to the IRS as income tax withholding Within 60 days after receiving the $8,000, you may roll over the entire $10,000 to a traditional IRA or an eligible employer plan. To do this, you roll over the $8,000 you received from the Plan, and you will have to find $2,000 from other sources (your savings, a loan, etc.). In this case, the entire $10,000 is not taxed until you take it out of the traditional IRA or an eligible employer plan. If you roll over the entire $10,000, when you file your income tax return you may get a refund of part or all of the $2,000 withheld. If, on the other hand, you roll over only $8,000, the $2,000 you did not roll over is taxed in the year it was withheld. When you file your income tax return, you may get a refund of part of the $2,000 withheld. (However, any refund is likely to be larger if you roll over the entire $10,000.) Additional 10% Tax If You Are under Age 59%2. If you receive a payment before you reach age 59% and you do not roll it over, then, in addition to the regular income tax, you may have to pay an extra tax equal to 10% of the taxable portion of the payment. The additional 10% tax generally does not apply to (1) payments that are paid after you separate from service with your employer during or after the year you reach age 55, (2) payments that are paid because you retire due to disability, (3) payments that are paid as equal (or almost equal) payments over your life or life expectancy (or your and your beneficiary's lives or life expectancies), (4) dividends paid with respect to stock by an employee stock ownership plan (ESOP) as described in Code section 404(k), (5) payments that are paid directly to the government to satisfy a federal tax levy, (6) payments that are paid to an alternate payee under a qualified domestic relations order, or (7) payments that do not exceed the amount of your deductible medical expenses. See IRS Form 5329 for more information on the additional 10% tax. The additional 10% tax will not apply to distributions from a governmental 457 plan, except to the extent the distribution is attributable to an amount you rolled over to that plan (adjusted for investment returns) from another type of eligible employer plan or IRA. Any amount rolled over from a governmental 457 plan to another type of eligible employer plan or to a traditional IRA will become subject to the additional 10%-tax if it is distributed to you before you reach age 59%, unless one of the exceptions applies. Special Tax Treatment If You Were Born before January 1 1936. If you receive a payment from a plan qualified under section 401(a) or a section 403(a) annuity plan that can be rolled over under Part 1 and you do not roll it over to a traditional IRA or an eligible employer plan, the payment will be taxed in the year you receive it. However, if the payment qualifies as a "lump sum distribution," it may be eligible for special tax treatment. (See also "Employer Stock or Securities", below.) A lump sum distribution is a payment, within one year, of your entire balance under the Plan (and certain other similar plans of the employer) that is payable to you after you have reached age 59% or because you have separated from service with your employer (or, in the case of a self-employed individual, after you have reached age 59 %4 or have become disabled). For a payment to be treated as a lump sum distribution, you must have been a participant in the plan for at least five years before the year in which you received the distribution. The special tax treatment for lump sum distributions that may be available to you is described below. Ten-Year Averaana If you receive a lump sums distribution and you were born before January 1, 1936, you can make a one-time election to figure the tax on the payment by using "10-year averaging" (using 1986 tax rates). Ten-year averaging often reduces the tax you owe. Caoital Gain Treatment. If you receive a lump sum distribution and you were born before January 1, 1936, and you were a participant in the Plan before 1974, you may elect to have the part of your payment that is attributable to your pre-1974 participation in the Plan taxed as long-term capital gain at a rate of 20%. There are other limits on the special tax treatment for lump sum distributions. I. PAYMENTS THAT CAN AND CANNOT BE ROLLED OVER Payments from the Plan may be "eligible rollover distributions." This means that they can be rolled over to a traditional IRA or to an eligible eu*loyer plan that accepts rollovers. Payments from a plan cannot be rolled over to a Roth IRA, a SIMPLE IRA, or a Coverdell Education Savings Account. Your Plan administrator should be able to tell you what portion of your payment is an eligible rollover distribution. After-tax Contributions If you made after-tax contributions to the Plan, these contributions maybe rolled into either a traditional IRA or to certain employer plans that accept rollovers of the after-tax contributions. The following rules apply: a) Rollover into a Traditional IRA. You can roll over your after-tax contributions to a traditional IRA either directly or indirectly. Your plan administrator should be able to tell you how much of your payment is the taxable portion and how much is the after-tax portion. If you roll over after-tax contributions to a traditional IRA, it is your responsibility to keep track of, and report to the Service on the applicable forms, the amount of these after-tax contributions. This will enable the nontaxable amount of any future distributions from the traditional IRA to be determined. Once you roll over your after-tax contributions to a traditional IRA, those amounts CANNOT later be rolled over to an employer plan b) Rollover into an Employer Plan. You can roll over after-tax contributions from an employer plan that is qualified under Code section 401(a) or a section 403(a) annuity plan to another such plan using a direct rollover if the other plan provides separate accounting for arnounts rolled over, including separate accounting for the after-tax employee contributions and earnings on those contributions. You can also roll over after-tax contributions from a section 403(b) tax-sheltered annuity to another section 403(b) tax-sheltered annuity using a direct rollover if the other tax-sheltered annuity provides separate accounting for amounts rolled over, including separate accounting for the after-tax employee contributions and earnings on those contributions. You CANNOT roll over after-tax contributions to a governmental 457 plan. If you want to roll over your after-tax contributions to an employer plan that accepts these rollovers, you cannot have the after-tax contributions paid to you first. You must instruct the Plan Administrator of this Plan to make a direct rollover on your behalf. Also, you cannot fast roll over after-tax contributions to a traditional IRA and then roll over that amount into an employer plan. The following types of payments cannot be rolled over. Payments Spread over Long Periods. You cannot roll over a payment if it is part of a series of equal (or almost equal) payments that are made at least once a year and that will last for: -your lifetime (or a period measured by your life expectancy), or -your lifetime and your beneficiary's lifetime (or a period measured by your joint life expectancies), or •a period of 10 years or more. W5MOOW36T2 Required Minimum Payments. Beginning when you reach age 70V2 or retire, whichever is later, a certain portion of your payment cannot be rolled over because it is a "required minimum payment" that must be paid to you. Special rules apply if you own more than 5% of your employer. Hardship Distributions. A hardship distribution cannot be rolled over. ESOP Dividends. Cash dividends paid to you on employer stock held in an employee stock ownership plan cannot be rolled over. Corrective Distributions. A distribution that is made to correct a failed nondiscrimination test or because legal limits on certain contributions were exceeded cannot be rolled over. Loans Treated as Distributions. The amount of a plan loan that becomes a taxable deemed distribution because of a default cannot be rolled over. However, a loan offset amount is eligible for rollover, as discussed in Part III below. Ask the Plan Administrator of this Plan if distribution of your loan qualifies for rollover treatment. The Plan Administrator of this Plan should be able to tell you if your payment includes amounts which cannot be rolled over. U. DIRECT ROLLOVER A DIRECT ROLLOVER is a direct payment of the amount of your Plan benefits to a traditional IRA or an eligible employer plan that will accept it. You can choose a DIRECT ROLLOVER of all or any portion of your payment that is an eligible rollover distribution, as described in Part I above. You are not taxed on any taxable portion of your payment for which you choose a DIRECT ROLLOVER until you later take it out of the traditional IRA or eligible employer plan. In addition, no income tax withholding is required for any taxable portion of your Plan benefits for which you choose a DIRECT ROLLOVER. This Plan might not let you choose a DIRECT ROLLOVER if your distributions for the year are less than $200. DIRECT ROLLOVER to a Traditional IRA. You can open a traditional IRA to receive the direct rollover. If you choose to have your payment made directly to a traditional IRA, contact an IRA sponsor (usually a financial institution) to find out how to have your payment made in a direct rollover to a traditional IRA at that institution. If you are unsure of how to invest your money, you can temporarily establish a traditional IRA to receive the payment. However, in choosing a traditional IRA, you may wish to make sure that the traditional IRA you choose will allow you to move all or a part of your payment to another traditional IRA at a later date, without penalties or other limitations. See IRS Publication 590, Individual Retirement Arrangements, for more information on traditional IRAs (including limits on how often you can roll over between IRAs). DIRECT ROLLOVER to a Plan. If you are employed by a new employer that has an eligible employer plan, and you want a direct rollover to that plan, ask the plan administrator of that plan whether it will accept your rollover. An eligible employer plan is not legally required to accept a rollover. Even if your new employer's plan does not accept a rollover, you can choose a DIRECT ROLLOVER to a traditional IRA. If the employer plan accepts your rollover, the plan may provide . restrictions on the circumstances under which you may later receive a distribution of the rollover amount or may require spousal consent to any subsequent distribution. Check with the plan administrator of that plan before making your decision. DIRECT ROLLOVER of a Series of Payments If you receive a payment that can be rolled over to a traditional IRA or an eligible employer plan that will accept it, and it is paid in a series of payments for less than 10 years, your choice to make or not make a DIRECT ROLLOVER for a payment will apply to all later payments in the series until you change your election. You are free to change your election for any later payment in the series. SPECIAL TAX NOTICE REGARDING PLAN PAYMENTS W5k)2)0C 671 This notice explains how you can continue to defer federal income tax on your retirement savings or retirement Plan benefits (the "Plan") and contains important information ye+,i will need before you decide how to receive your Plan benefits. This notice is provided to you at the request of the Plan Administrator because all or part of the payment that you will soon receive from the Plan may be eligible for rollover by you or your Plan Administrator to a traditional IRA or an eligible employer plan. A rollover is a payment by you or the Plan Administrator of all or part of your benefit to another plan or IRA that allows you to continue to postpone taxation of that benefit until it is paid to you. Your payment cannot be rolled over to a Roth IRA, a SIMPLE IRA, or a Coverdell Education Savings Account (formerly known as an education IRA). An "eligible employer plan" includes a plan qualified under section 401(a) of the Internal Revenue Code, including a 401(k) plan, profit-sharing plan, defined benefit plan, stock bonus plan, and money purchase plan; a section 403(a) annuity plan; a section 403(b) tax-sheltered annuity; and an eligible section 457(b) plan maintained by a governmental employer (governmental 457 plan). An eligible employer plan is not legally required to accept a rollover. Before you decide to roll over your payment to another employer plan, you should find out whether the plan accepts rollovers and, if so, the types of distributions it accepts as a rollover. You should also find out about any documents that are required to be completed before the receiving plan will accept a rollover. Even if a plan accepts rollovers, it might not accept rollovers of certain types of distributions, such as after-tax amounts. If this is the case, and your distribution includes after-tax amounts, you may wish instead to roll your distribution over to a traditional IRA or split your rollover amount between the employer plan in which you will participate and a traditional IRA. If an employer plan accepts your rollover, the plan may restrict subsequent distributions of the rollover amount or may require your spouse's consent for any subsequent distribution. A subsequent distribution from the plan that accepts your rollover may also be subject to different tax treatment than distributions from this Plan. Check with the administrator of the plan that is to receive your rollover prior to making the rollover. If you have additional questions after reading this notice, you can contact your plan administrator. SUMMARY There are two ways you may be able to receive a Plan payment that is eligible for rollover: (1) Certain payments can be made directly to a traditional IRA that you establish or to an eligible employer plan that will accept it and hold it for your benefit ("DIRECT ROLLOVER"); or (2) The payment can be PAID TO YOU. lfvou choose a DIRECT ROLLOVER: Your payment will not be taxed in the current year and no income tax will be withheld. You choose whether your payment will be made directly to your traditional IRA or to an eligible employer plan that accepts your rollover. Your payment cannot be rolled over to a Roth IRA, a SIMPLE IRA, or a Coverdell Education Savings Account because these are not traditional IRAs. The taxable portion of your payment will be taxed later when you take it out of the traditional IRA or the eligible employer plan. Depending on the type of plan, the later distribution may be subject to different tax treatment than it would be if you received a taxable distribution from this Plan. If you choose to have a Plan payment that is eligible for rollover PAID TO YOU: • You will receive only 80% of the taxable amount of the payment, because the Plan Administrator is required to withhold 20°/a of that amount and send it to the IRS as income tax withholding to be credited against your taxes. • The taxable amount of your payment will be taxed in the current year unless you roU it over. Under limited circumstances, you may be able to use special tax rules that could reduce the tax you owe. However, if you receive the payment before age 59%, you may have to pay an additional 10% tax. • You can roll over all or part of the payment by paying it to your traditional IRA or to an eligible employer plan that accepts your rollover within 60 days after you receive the payment. The amount rolled over will not be taxed until you take it out of the traditional IRA or the eligible employer plan. • If you want to roll over 100% of the payment to a traditional IRA or an eligible employer plan, you must find other money to replace the 20% of the taxable portion that was withheld. If you roll over only the 80% that you received, you will be taxed on the 20% that was withheld and that is not rolled over. Your Right to Waive the 30-Day Notice Period. Generally, neither a direct rollover nor a payment can be made from the plan until at least 30 days after your receipt of this notice. Thus, after receiving this notice, you have at least 30 days to consider whether or not to have your withdrawal directly rolled over. if you do not wish to wait until this 30-day notice period ends before your election is processed, you may waive the notice period by making an affirmative election indicating whether or not you wish to make a direct rollover. Your withdrawal will then be processed in accordance with your election as soon as practical after it is received by the Plan Administrator. MORE INFORMATION L PAYMENTS THAT CAN AND CANNOT BE ROLLED OVER .................... [ ] 11. DIRECT ROLLOVER ........................................................................................ [ ] 111. PAYMENT PAID TO YOU ................................................................................ [ 7 1V. SURVIVING SPOUSES ALTERNATE PAYEES AND OTHER BENEFICIARIES........ [ 1 005021UUW367U ROLLOVER INSTRUCTIONS: (Check one) X Partial Distribution from the plan in the amoun tot $ 26,059.51 (The actual amountmay vary at the time of the distributiondue to marketfluctuationsand/orchangesin funds available.) Of the aboveamount,i want 83 % rolledoverand the remainderpaid out tome. Please Note: The portion of your account you choose not to directly rollover may be subject to the automatic 20% federal income tax withholding requirement. After-tax contributions to the qualified retirement plan are not eligible to be rolled over to a retirement account, but may be transferred directly to a F'idel'ity non-retirement account. DIRECT ROLLOVER TO A FIDELITY ROLLOVER IRA X Direct rolloverto a Fidelity IRA. (A Fidelity Rollover IRA account must be established in order to process the direct rollover.) Except as indicated below for my company stock, i understand that you will transfer any money invested in investments other that Fidelity mutual funds such as GIC's, commingled pools and non-Fidelity investment options to Fidelity Cash Reserves, a money market fund. My Fidelity mutual funds will transfer in kind. I wantto transfermy shares of Yellow Common Stock in kind. i want my Yellow Common Stock to be sold and proceeds held in Fidelity Cash Reserves. DIRECT ROLLOVER TO CUSTODIAN OTHER THAN FIDELITY: Custodian: Address: 203 THORNRIDGE DRIVE THORNDALE PA 19372- Under AgreementDate: 00/00/00 TRANSFER OF AFTER TAX ASSETS AND/OR TAXABLE ASSETS NOT ROLLED OVER: % Paid out to me" * For plans containing stock, if you choose to receive your pre-tax stock distribution in kind, your after-tax stock distribution will also be made in kind. F9nnt35714RR1 zms- YTD EXPENSES SUSAN MCGEEHAN 1. MULTI-LIST FEES 605.00 2. CELL PHONE 1485.00 3. GAS 70% OF 3600.00 2520.00 4. REPAIRS/MAINTENANCE CAR 1,000.00 5. PATRIOT NEWS ADVERTISING 1200.00 6. HARMON HOMES ADVERTISING 477.00 7. PHONE LINE RE/MAX 175.00 8. RE/MAX PROMO ADVERTISING 1186 00 9. E & O INSURANCE . 400.00 10. OFFICE FEES 2100.00 11. MANAGEMENT FEE 3970.00 12. COMPUTER EXP 38.00 13. FED EX 14.86 14. WEBSITE HOSTING 266.00 15. REALTOR.COM 770.00 16. MISC SHARED BILL/REMAX (STAFF ETC) 1155.00 17. RE/MAX DUES 468.00 18. COPIES 8.95 19. AGENT SERVICES/FLYERS 15.80 20. SUPPLIES/PRINTER/INK PAPER 1200.00 21. GREATER HBG ASSOC REALTOR DUES 363.00 22. TRAINING EDUCATION 100.00 23. POSTAGE 500.00 24. MAILINGS/NEWSLETTERS 400.00 25. CRS DUES 120.00 26. PURCHASE OF DESK 500.00 27. GIFTS (CLOSING) 250.00 28. ENTERTAINMENT 400.00 RESPONDENT'S EXFi1BIT 4. 10 D c m .N. N w A (D d ?0 (D m ?a 3m 'm (2D m 0 0 w° O/ 0 ??? ? QW poW p Wo W W W N N N N N y n Q O V? A A O O O 000 OpOO OpOO W W 3 F ? N 8 R W v f00 - f0A N C W Of A W A' ik X ;u X CA p G G G N W V` Of 0011 N W O W O O O O O O O 1. 0 00C'0C) O 00 V 0 0) O?) O 0)) 0 0 0 0 0 1 W W V V1 ? to -+ W O O O V V V V V 7 N N (0 O W V N V V V V V V N V y co 0) J co N OD O 0 U N 0 0 0 O O oo Vi W 7 -? O N N N J v v V v D A D A O y N S V V V r r r r r a N N N N 3 j? c n, 3 3@.== x o o x o H 0 n. = O m ° m SEr" S 0 0 0 0 0 m v a v aooooo S d m o °o m ,7 n m 3 ` e m o °- N c = P+ m N to 1? 00 D x o CO) ? ?0 _.n . y ? N I D? y N ?i r'1' N ? o° a a ttlp'1 -+ O) ,?Npp ? A A A ? A A A .I? .G. A ^? 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(?? ? ? W pN p A co O 4Ni N O V OD A ,tNit O Of Ol A ,pWe O O O S .OOO O O oAo O [WT A O OD U O 0 ca -` S S O W S S V O (pJ O O N 007 S S S O O O O O O O O O O N O m )JO :0 C. W S u 0 L d 7 O IN T N Q 3 C; O co 0 0 co m ID ti m;u "m m a -c' Of C C 3 LV C L3 vQ rt 3tr D m> ?cc wm p M n N ?• OZ 01 ai 3 rt to <D 7 N W 07`^, A S co 0 co O A 0 co z 0 am v 0 co O) D FEB-05-2009 10:25 717 509 6578 P.01 CB HOMESALE ACCTG Prudential Real Estate Fax 215 S. Centerville Road Lancaster, Pa 17603 Bus: 717-393-0783 Fax: 717-393-5298 Web: www.PruHomesaloServices.com To: ?- L• Prom: ??, ? •- ? ?;,?., Fax: Pages: 1 of -Y T Phone: Date: Re; CC: O Urgent p For Review D Please Comment 0 Please Reply d Please Reoyela e Comments: 0 FEB-05-2009 10:25 CB HOMESALE ACCTG rtr Stl h n umcai"ge Altus zrouser ,3ervium Inc 717 509 6578 P.02 ray >nuywry nepurL taoui) Check Date : 0l /22/2009.2 TO 02/05f,• ' • ;1 Period e • 0 103 LI= 1 /2009 TO 01/3 Week Number : Week #6 McGoahan, Susan C - 58 - 200-52-41154 Salary 2,596.16 041 6014 8 2'18Y?2 306 Melbourne Lane ; AchanGosbur9. PA 17055 Check Moos Eaminps Dale Taxes ; Regulsrovertime ltepuar OvalkneTox.Memos odw 1!812009 - - 88 00 .. Gross Feral PC" 8111114 Sovaul Local Other . 2.598.18 O.OG 1/22/2009 80.00 2 598 16 2,590.10 397.41 193.99 - 77.88 , . 2/5/2009 80.00 2 506.16 2.598.16 397.41 193.90 77.85 1,50 45.11 1.590.24 8,00, , 40 ------------- Qk1 210 7 700 2,598.16 397.41 193,09 77,85 -- - ' 1.56 -- - ' - 45.11 1,960.24 .: . . 0.00 7,706.40 1,192_.23 .61!1.87 23356 ,C4 138.33 -5.610.72 - s t. rowu rarron ammu, Ine. phone: 717-390-9000 fax: 717-3904609 e-mail: Payrolls@ToWlpayroll.Com Date Printed: 02100/2009 y ? TnTAl P, AP 4,71 N t _.. .t i C::3 f a ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT 08-4109 CIVIL State Commonwealth of Pennsylvania OOriginal Order/Notice Co./City/Dirt. of CUMBERLAND OAmended Order/Notice Date of order/Notice 02/12/09 OTerminate Order/Notice Case Number (See Addendum for case summary) QOne-Time Lump Sum/Notice RE:MCGEEHAN, SUSAN C. Employer/Withholder's Federal EIN Number Employee/Obligor's Name (Last, First, MI) 200-52-4854 Employee/Obligor's Social Security Number HOMESALE REAL EST SERVICES IN* 6301102011 131 CENTERVILLE RD Employee/Obligor's Case Identifier LANCASTER PA 17603-4006 (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 ® no $ 0.00 per month in current medical support $ 0.00 per month in past-due medical support $ 0.00 per month in current spousal support $ o. oo per month in past-due spousal support $ 0.00 per month for genetic test costs $ o . oo per month in other (specify) $ one-time lump sum payment for a total of $ o. o0 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 0. 00 per weekly pay period. $ o. oo per semimonthly pay period (twice a month) $ o . oo per biweekly pay period (every two weeks) $ o . 00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydateldate of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If required by Pennsylvania law (23 PA C.S. § 4374(b)) to remit by electronic payment method, please call Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER 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. ?/ .i BY THE COURT: 073 U V J. Wesley Oler, Jr., Judge Form EN-028 Rev. 4 Service Type M OMB No.: 0970-0154 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS If heck efl you are required to provide a?opy of this form to your?mployee. If yorr employee works in a state that is di event firom the state that issueedd this o er, a copy must be provi edd to your emp ogee even if the box is not checked. C] 4 1. Priority: Withholding under this Omer/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employeelobligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 2328821330 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : 0 THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 0 EMPLOYEE'S/OBLIGOR'S NAME:MCGEEHAN, SUSAN C. EMPLOYEE'S CASE IDENTIFIER: 6301102011 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: FINAL PAYMENT AMOUNT- NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employeelobligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an 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. 4 Service Type M OMB No.: 0970-0154 Worker ID $IATT 4, n. ADDENDUM Summary of Cases on Attachment Defendant/Obligor: MCGEEHAN, SUSAN C. PACSES Case Number 136110412 Plaintiff Name JOHN H. MCGEEHAN Docket Attachment Amount 08-4109 CIVIL$ 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 PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Addendum Form EN-028 Rev. 4 Service Type M OMB No.; 0970-0154 Worker ID $IATT ^? Al 'ZI _Ta -r "l F L SUSAN C. MCGEEHAN, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 08-4109 CIVIL TERM JOHN H. MCGEEHAN, IN DIVORCE Defendant/Petitioner PACSES CASE: 136110412 ORDER OF COURT AND NOW to wit, this 11th day of March 2009, it is hereby Ordered that pursuant to the Support master's Order of February 11, 2009 and no Exceptions being filed by either party, the Alimony Pendente Lite account is closed with a credit of $646.16. DRO: R.J. Shadday xc: Petitioner Respondent Jacqueline M. Verney, Esq. Jane Adams, Esq. Form OE-001 Service Type: M Worker: 21005 BY THE COURT: ` ? ? ° -'?' ? , o ,? --- ?`? ..' ?.;_ _ . -? , - ? -- _.«?. ? ? 1 :?s?? - '?-;' <_i ? rw` ?A we: SUSAN C. McGEEHAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 08 - 4109 Civil Term JOHN H. McGEEHAN, : ACTION IN DIVORCE Defendant PETITION FOR SPECIAL RELIEF 1. Plaintiff/Petitioner is Susan C. McGeehan, (hereinafter referred to as "Wife") a competent adult individual, who resides in the marital home at 6 Ruffian Circle, Dillsburg, York County, Pennsylvania, 17019. 2. Defendant/Respondent is John H. McGeehan, (hereinafter referred to as "Husband"), a competent adult individual, who resides at 203 Thornridge Ave., Thorndale, Pa. 3. The Plaintiff and the Defendant were married on October 24, 1982, in Cumberland County, Pennsylvania. 4. Petitioner filed a Complaint in under the above-captioned docket number on or about July 10, 2008. 5. Husband has a IRA rollover with Fidelity advisory group and a Roadway 401(k), in his name alone, both of which are marital property. fines. 6. In May 2009, Husband indicated he cashed out a portion of the IRA to pay 7. Husband has not been forthcoming with providing details as to the type of funds the IRA and 401(k) are invested in. 8. Husband has repeatedly stated that the company that holds his retirement account is going to go bankrupt, and that the there will be nothing left in these accounts, which is "what he wants." 9. Wife is extremely concerned Husband will take action to intentionally deplete the retirement account. 10. Husband has provided no information regarding the account and no information to indicate that he is actively managing the account. 11. Wife is extremely concerned about Husband's state of mental health, given his history of alcoholism. 12. Section 3323(f) of the Divorce Code states that: "In all matrimonial cases, the court shall have full equity power and jurisdiction and may issue injunctions or other orders which are necessary to protect the interest of the parties or to effectuate the purposes of this part and may grant such other relief or remedy as equity and justice requires against either party or against any third person over whom the court has jurisdiction and who is involved in or concerned with the disposition of the cause." 13. Due to her extreme concerns, Wife is requesting that the court direct Husband to provide full disclosure regarding these accounts, freeze such accounts, and that the parties be directed to transfer all such funds into the most conservative investment available under the retirement plan. WHEREFORE, Petitioner/Wife requests this Honorable Court to direct Husband to provide full disclosure regarding these accounts, that an Order be entered directing that Husband may not liquidate such funds without Wife's consent, and that the parties be directed to transfer all such funds into the most conservative investment available under the retirement plan. Respectfully sub Date: n Adams, Esquire . D No. 79465 17 W. South St. arlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PETITIONER VERIFICATION I verify that the statements made in this Petition 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: 0??& C ,? I("(? () an .McGeehan, g ner s FILE' f';,F [114. c+ 9 i 22 Ptt i i i ' JUL 2 32009 9 SUSAN C. McGEEHAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 2008 - 4109 Civil Term JOHN H. McGEEHAN, : ACTION IN DIVORCE Defendant ORDER OF COURT AND NOW, this r? day of_ ? 2009, upon consideration of the within Petition, a hearing is set for the SA10 day of 2009, at _,4-.M. in Courtroom No. _/_ of the Cumberland County Courthouse, Carlisle, Pennsylvania. e i. L1ecI?cS- P2,?1 Sl?2is oSc S ? r- BY THE COURT: \j J. cc: ne Adams, Esquire acqueline Verney, Esquire a' o`? OF THE f ;=^1T1-'{°'' 1049 JUL 24 PM 1: 4 0 1Y , tJN" r E; vM f L}JANA SUSAN C. MCGEEHAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 08-4109 CIVIL JOHN H. MCGEEHAN, : Defendant IN RE: PETITION FOR SPECIAL RELIEF ORDER AND NOW, this S r day of August, 2009, it appearing that the parties have reached a tentative agreement, hearing in the above-captioned matter is continued generally. ? Jane E. Adams, Esquire For the Plaintiff ?cqueline M. Verney, Esquire For the Defendant :rlm alw/? BY THE COURT, Or THE R! 'TARY 2009 AUG -4 ALI l l: 19 p Fill 'S SUSAN C. McGEEHAN, Plaintiff V. JOHN H. McGEEHAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-4109 CIVIL TERM IN RE: PLAINTIFF'S PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 12'h day of August, 2009, upon consideration of the attached letter from Jane Adams, Esq., a hearing is scheduled in the above matter for Tuesday, October 20, 2009, at 3:00 p.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, J? esley Oler, ., J. ane Adams, Esq. 17 West South Street Carlisle, PA 17013 Attorney for Plaintiff ,J'a"cqueline Verney, Esq. 44 South Hanover Street Carlisle, PA 17013 Attorney for Defendant 1 :rc MD- OFFM F LOTH NOTARY OF 1?E A111 13 Ali 11= 53 OOLMY PDNSYI~ SUSAN C. McGEEHAN, Plaintiff vs. JOHN H. McGEEHAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 08 - 4109 Civil Term ACTION IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under section 3301(c) of the Divorce Code was filed on 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I also understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Date: f/ 02 v 0 I usan C. McGeehan, Plaintiff WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301(c) AND 43301(d) OF THE DIVORCE CODE 1. 1 consent to entry of a final decree of divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: 6 " L. 0 'l? ?? 1D` ??? an C. cGeehan, Plaintiff F6= ??4r OF Tfrr- FR JTH"NOTARY 2009 SEP 10 PIH 2.2 ) cutlkl. t"INSYLVANI SUSAN C. McGEEHAN, Plaintiff vs. JOHN H. McGEEHAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. 08 - 4109 Civil Term : ACTION IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under section 3301(c) of the Divorce Code was filed on [0 . 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I also understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Date: Jo H. McGeeh n, Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) AND 43301(d) OF THE DIVORCE CODE 1. 1 consent to entry of a final decree of divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. P Date: 4 6v m Rohn . Mc Geehan, Defe e dant (JF THEE P ,9 I=nl\lOTARY 2009 SEP 10 PH 2: 2).:. PENNSYLVANIA SUSAN C. McGEEHAN, Plaintiff VS. JOHN H. McGEEHAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-4109 CIVIL ACTION - LAW : IN DIVORCE PETITION TO WITHDRAW AS LEGAL COUNSEL AND NOW COMES the Petitioner, Jacqueline M. Verney, Esquire, and files the above-referenced Petition and represents that: 1. Petitioner is Jacqueline M. Verney, Esquire, (hereinafter referred to as "Counsel"), an Attorney duly authorized to practice law in the Commonwealth of Pennsylvania, having a principal place of business located at 44 S. Hanover Street, Carlisle, Pa. 17013 2. Petitioner is currently attorney of record for John H. McGeehan, Defendant in the above-captioned matter. 3. Plaintiff is currently represented by Jane Adams, Esquire. 4. Defendant and Counsel executed a written fee agreements, dated June 24, 2008. 6. Said Fee Agreement set forth Petitioner's hourly charge, and the expectations and the conditions under which Petitioner would represent Defendant. 7. Defendant is in arrears of payment in excess of $3,600.00. Petitioner has requested Defendant to enter into a payment plan. Defendant has refused to discuss a payment plan and has refused to make any future payments. 8. During the course of Petitioner's representation of Defendant, Defendant has requested Petitioner to engage in a course of conduct not in furtherance of the divorce proceedings, but requested Petitioner to take actions to ruin Plaintiff in her business dealings. Believing this course of action was unethical, Petitioner refused to comply with Defendant's requests. 9. During the course of Petitioner's representation of Defendant, Defendant has requested Petitioner to disparage Plaintiff regarding her personal conduct that was irrelevant to the divorce proceedings. Believing this course of action was unethical, Petitioner refused to comply with Defendant's requests. 10. During the course of Petitioner's representation, Defendant has requested Petitioner to threaten opposing counsel with criminal prosecution. Believing this course of conduct was unethical, Petitioner refused to comply with Defendant's requests. 11. During the course of Petitioner's representation, Defendant became demeaning and critical of Petitioner's representation. 12. During the course of Petitioner's representation, Defendant repeatedly demanded copies of documents and explanations that had been supplied to him numerous times before. 13. During the course of Petitioner's representation, Defendant agreed to certain courses of action, only to change his position, requiring Petitioner to expend additional time and effort. For example, six settlement agreements were prepared by Plaintiffs counsel, consistent with Defendant's requests. Petitioner reviewed and explained each Settlement Agreement to Defendant, only to have Defendant change his position requiring revisions. 14. On or about August 3, 2009, Defendant threatened to sue Petitioner regarding the representation Petitioner had provided. Petitioner interpreted this correspondence as a termination of the contractual relationship between Petitioner and Defendant. Thereafter, Defendant contacted Plaintiffs counsel and advised that he was representing himself. Plaintiffs counsel contacted Petitioner to confirm that she was no longer representing Defendant. Based on what had transpired, Petitioner confirmed that Defendant had terminated the attorney/client relationship. 15. Defendant has contacted Petitioner indicating his intent to retain new counsel. Petitioner agreed to cooperate with replacement counsel. However, to date no replacement counsel has contacted Petitioner. 16. Based on the foregoing, Petitioner does not believe she can continue to represent Defendant. 17. Plaintiffs counsel was contacted regarding her position on Petitioner's request to withdraw on September 24, 2009. Plaintiffs counsel indicated she would not oppose such a request. 18. This matter is assigned to the Honorable J. Wesley Oler, Jr. WHEREFORE, Jacqueline M. Verney, Esquire requests permission to withdraw her appearance from the above-captioned matter. Respectfully Submitted, Date: q- ')-S7-05 a ueline M. Verney, E uire I.D. No. 23167 44 S. Hanover St. Carlisle, Pa. 17013 (717) 243-9190 Petitioner/Attorney for Defendant VERIFICATION I verify that the facts included in the within Pleading are true and correct based on information known to me or received from reliable sources. 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. Dated: 9 -a S 'U ? a . Verney, Esquire CERTIFICATE OF SERVICE I, Jacqueline M. Verney, Esquire, hereby certify that a true and correct copy of the within Pleading was served upon the following by placing the same in US Mail, postage prepaid, on the date indicated. Jane Adams, Esquire 17 W. South Street Carlisle, PA 17013 John H. McGeehan 203 Thornridge Drive Thorndale, PA 19372 Date A, ac line M. Verney, Esquire 3167 44 South Hanover Street Carlisle, PA 17013 (717) 243-9190 Petitioner/Attorney for Defendant Cil' 44 J w"-i 2 1) ??a f i- 4 SEP 2 0 2009 G7 SUSAN C. McGEEHAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. . NO. 2008-4109 CIVIL ACTION - LAW JOHN H. McGEEHAN, Defendant IN DIVORCE RULE TO SHOW CAUSE AND NOW, this day of Se pi , 2009, upon consideration of the within Petition, a Rule to Show cause is issued upon the Defendant, John H. McGeehan, as to why Jacqueline M. Verney, Esquire, should not be granted leave to withdraw as his legal counsel. 141 Rule Returnable 4 days after issuance. BY THE COURT: /11? a Judge cc: Vd/ohn H. McGeehan ane Adams, Esquire A ?queline M. Verney, Esquire .o ?O ? *OMTARtr 1899 SEP SA t!I t+ 31 W&EKN-G COUNTY < PEiVNS'?,.HM?A SUSAN C. McGEEHAN, Plaintiff VS. JOHN H. McGEEHAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-4109 CIVIL ACTION - LAW : IN DIVORCE PETITION TO MAKE RULE ABSOLUTE AND NOW COMES the Petitioner, Jacqueline M. Verney, Esquire, and files the above-referenced Petition and represents that: 1. Petitioner is Jacqueline M. Verney, Esquire, (hereinafter referred to as "Counsel'), an Attorney duly authorized to practice law in the Commonwealth of Pennsylvania, having a principal place of business located at 44 S. Hanover Street, Carlisle, Pa. 17013 2. Petitioner is currently attorney of record for John H. McGeehan, Defendant in the above-captioned matter. 3. Plaintiff is currently represented by Jane Adams, Esquire. 4. Petitioner filed a Petition to Withdraw As Counsel on September 25, 2009. 5. The Honorable J. Wesley Oler, Jr. issued a Rule to Show Cause why the Petition should not be granted on September 28, 2009. The Rule was Returnable in 14 days. 6. More than 14 days have passed and neither the Plaintiff nor the Defendant has answered the Rule to Show Cause. 7. Petitioner requests the Rule be made absolute and an order issued permitting Petitioner to withdraw from this matter. A suggested Order of Court is attached hereto. 18. This matter is assigned to the Honorable J. Wesley Oler, Jr. WHEREFORE, Jacqueline M. Verney, Esquire requests the previously entered Rule to Show Cause be made absolute and her request to withdraw her appearance from the above-captioned matter be granted. Respectfully Submitted, 1 Date: Ja eline M. Verney, Esquire I.D. No. 23167 44 S. Hanover St. Carlisle, Pa. 17013 (717) 243-9190 Petitioner/Attorney for Defendant VERIFICATION I verify that the facts included in the within Pleading are true and correct based on information known to me or received from reliable sources. 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. Dated: J 0' acq line M. Verney, Esquire CERTIFICATE OF SERVICE I, Jacqueline M. Verney, Esquire, hereby certify that a true and correct copy of the within Pleading was served upon the following by placing the same in US Mail, postage prepaid, on the date indicated. Jane Adams, Esquire 17 W. South Street Carlisle, PA 17013 John H. McGeehan 203 Thornridge Drive Thomdale, PA 19372 Date acq line M. Verney, Esquire #231 44 South Hanover Street Carlisle, PA 17013 (717) 243-9190 Petitioner/Attorney for Defendant R! END-OF ?E 1 ; Apy 2009 CCT 15 A,10: 16 } OCT 1 6 20091 SUSAN C. McGEEHAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2008-4109 CIVIL ACTION - LAW JOHN H. McGEEHAN, . Defendant IN DIVORCE ORDER OF COURT AND NOW, this t day of , 2009, upon consideration of the within Petition to Make Rule Absolute, Attorney Jacqueline M. Verney, Counsel for Defendant, is hereby permitted to withdraw her Appearance on behalf of Defendant. cc: V/, -hn H. McGeehan ?J ne Adams, Esquire cqueline M. Verney, Esquire rrt='t t LSCL /O do 07 1 BY THE COURT: F !0 F THE Kti 01 1IY"R 2009 OCT ?0 PH 2: 3U r" ?PC'? 4l S ? ?_, SUSAN C. McGEEHAN, Plaintiff v JOHN H. McGEEHAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 08-4109 CIVIL TERM IN RE: PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 20th day of October, 2009, upon consideration of Plaintiff's Petition for Special Relief, and following a hearing at which the Defendant did not appear, the Petition for Special Relief is granted, and it is ordered and directed as follows: 1. Pending further Order of Court or agreement of the parties, neither party shall dispose of, dissipate or encumber any marital property. Jane Adams, Esquire 17 West South Street Carlisle, PA 17013 For Plaintiff z n H. McGeehan 203 Thornridge Avenue Thorndale, PA 19372 .,I?acqueline M. Verney, Esquire 44 South Hanover Street Carlisle, PA 17013 (Courtesy copy) :mae Co -z t£.S m.*a lLL By the Court, OF TF4 TMTARY ZU9 OCT 26 AND 16 CUMB RtANGC%M SUSAN C. McGEEHAN, Plaintiff V. JOHN H. McGEEHAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008- 4109 CIVIL ACTION - LAW : IN DIVORCE PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: Please withdraw my appearance on behalf of the Defendant, John H. McGeehan, in the above captioned matter. Respectfully submitted, V acq ine M. Verney, Esquire #2 67 44 S. Hanover Street Carlisle, PA 17013 (717) 243-9190 cc: Jane Adams, Esquire John H. McGeehan RLED-4ji-RCE OF THE PRO" H " OTAW 2009 NOV --2 AID 8: 13 eUm?- `tip +juN rPEN N&LVr NIA SUSAN C. McGEEHAN, Plaintiff VS. JOHN H. McGEEHAN, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08 - 4109 CIVIL IN DIVORCE ORDER OF COURT (W,) AND NOW, this ?? day of , 2009, the economic claims raised in the proceedings having been resolved in accordance with a marriage settlement agreement dated December 3, 2009, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, cc: ?ne Adams Attorney for Plaintiff ,,"'John H. McGeehan Defendant EdgQat-kX0''i1;??y, 2009 0E'a' -3 PE ')a e., 19 SUSAN C. McGEEHAN, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 2008 - 4109 Civil Term JOHN H. McGEEHAN, ACTION IN DIVORCE Defendant MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT, made this _ day of NZ? , 2009, by and between, SUSAN C. McGEEHAN, of Dillsburg, Pennsylvania, hereinafter referred to as "WIFE", and JOHN H. McGEEHAN, of 203 Thornridge Drive, Thorndale, Pennsylvania; Pennsylvania, WITNESSETH: k k 4 WHEREAS, Husband and Wife were lawfully married on October 24, 1981in Cumberland County, Pennsylvania, and; A complaint in divorce was filed in Cumberland County on July 10, 2008, under the above-captioned docket-number; and; The parties have executed Affidavits of Consent, which were filed with the Prothonotary; THE PARTIES AGREE AS FOLLOWS REGARDING THE MARITAL ASSETS: 1. MUTUAL RELEASE OF ALL CLAIMS. Other than as provided in this agreement, each party RELEASES ALL CLAIMS and may dispose 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 or any such other documents necessary to carry out this agreement. 2. FULL DISCLOSURE OF ASSETS. Each party warrants that he or she has made a full and fair disclosure of income, assets, and their valuation prior to the execution of this Agreement as well as any other fact relating to this agreement. These disclosures are part of the consideration made by each party for entering into this agreement. Each party agrees that he or she shall not, at any future time, raise as a defense, or otherwise, the lack of such disclosure in any legal proceedings involving this agreement, with the exception of disclosure that may have been fraudulently withheld. In the event that either party, at any time hereafter, discovers such a fraudulently undisclosed asset, that party shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of such 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 such asset. 3. WARRANTY OF DEBTS AND FUTURE OBLIGATIONS. Each party warrants that they have not contracted any debt or liability for the other or which the estate of the other party may be responsible or liable, and except only for the rights arising out of this agreement, neither party will hereafter incur any liability whatsoever for which the other party or the estate of the other party, will be liable. Each party agrees to indemnify or hold harmless from the other and against all future obligations incurred on the other parties' behalf, after the date of this agreement. 4. EQUITABLE DIVISION OF MARITAL PROPERTY. The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in the Divorce Code. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all the marital rights of the parties. __50_ SM , JM 5. PERSONAL PROPERTY. The parties agree as follows regarding the personal property. Wife will return Husband's Roadway Ring, and one-half of all family albums. Except otherwise be provided in this Agreement, Wife agrees that all of the property of Husband or in his possession shall be the sole and separate property of Husband; and Husband agrees that all of the property of Wife or in her possession shall be the sole and separate property of Wife 6. VEHICLES. With respect to vehicles, the parties agree: Each party shall retain the respective motor vehicle in their possession and shall remain responsible for insurance, and any and all amounts due and owing against his or her respective vehicles. The titles to the said motor vehicles shall be executed by the parties, if appropriate for effecting transfer as herein provided, within thirty days of the execution date of this Agreement, and said executed titles shall be delivered to the proper parties on the distribution date. 7. REAL ESTATE AND RETIREMENT. The parties hold title to a property known as 6 Ruffian Drive, Dillsburg, York County, Pennsylvania, 17019. The parties agree as follows regarding this property: (a) Husband hereby waives all his right, title, and interest in and to the marital home and Wife shall continue to have sole and exclusive possession of the property. Husband is signing a Deed, contemporaneous with this agreement, by which he is waiving all right, title and interest, in and to this property, which shall be held in escrow by Wife's attorney until Wife refinances. (b) As of the date of this agreement, WIFE shall continue to be solely responsible for all past, present, and future costs or liabilities associated with or attributable to maintaining the residence. (c) Husband has an IRA, which was rolled over, which Wife believes is being managed by Premier Planning Group, Inc. Within 7 days of the entry of the date of the final Divorce Decree, or as soon as administratively practical, the parties will sign, file, and request entry of a Domestic Relations Order thereby transferring $115,000.00 Husband's main IRA SM JM account with this Group into separate account for Wife. The parties will waive the 30-day review period for the QDRO. (d) Husband also has another IRA which is believed to be held with Capital Bank and Trust, 5300 Robin Hood Road, Norfolk, VA. Within 7 days of the entry of the date of the final Divorce Decree, or as soon as administratively practical, the parties will sign, file, and request entry of a Domestic Relations Order thereby transferring $5,000.00 from Husband's IRA account with this Group or any other group that he transferred funds into, into a separate account for Wife. The parties will waive the 30-day review period for the QDRO. (e) Husband is signing a release today; however, if additional releases are needed, he will cooperate with providing Wife's attorney with a Release to communicate with the appropriate investment company or companies in order that she may obtain information regarding the account and prepare a QDRO. If Husband refuses to cooperate with the release or signing the QDRO, Wife is granted an immediate limited Power of Attorney to obtain such information and sign such QDRO on his behalf. (f) Within sixty (60) days of entry of the QDRO, effectively transferring days of receipt of the IRA funds described in this settlement agreement, being transferred into an account for Wife to Wife, from Husband's Fidelity IRA, Wife will apply to refinance or assume the mortgage the obligation on the marital home in her name alone. Upon the settlement date of the refinance, the Deed IN, will be released from escrow to Wife and such deed will be filed with the Recorder of Deeds on the dat of refinance or immediately after the settlement date. j ,4Kto-2 q OA O `s k hfi- Upo sale or mancmkg, Wife wil e+ resP y risible for6y ccos is asso sated with sale or refinancing, and but shall also be entitled to any proceeds or refunds associated with the sale or refinancing, such as, but not limited to refund of all funds escrowed for taxes and insurance. 8. EMPLOYMENT BENEFITS. Other than as provided herein, the parties agree to waive any and all rights they have in and to each other's employment benefits, including but not limited to both parties IRA's, 401(k)'s, stock savings plans, pensions, and retirement plans and Incentive Savings Plans. The parties agree never to assume any claim to such benefits of the other at any time in the future. SM JM Husband had an account or retirement benefit with YRC Worldwide. On or ?A-about November, 25, 2008, Husband "IR4 o?? benefit. At the time of withdrawal, the account was underfunded and therefore, a C, r?c portion of the account could not be withdrawn. The parties believe that there may be an additional benefit with YRC Worldwide which could either be processed as an annuity or eventually be paid as a lump sum. The parties agree that they will divide this benefit, if any, on a 60-40 basis with 60% of any pension, annuity, lump sum payment, or any other benefit remaining with Husband and 40% of any benefit to go to Wife. The parties agree that Wife's attorney will inquire with YRC or the appropriate company as to what benefit is there and the options available to the parties to obtain that benefit. Husband agrees that Wife's attorney may contact the company on his behalf and agrees to a release for Wife or Wife's attorney in order that she can obtain information and prepare whatever paperwork is necessary. 9. ALIMONY, ALIMONY PENDENTE LITE and LEGAL FEES. Each party hereby waives any right to spousal support, alimony, or alimony pendente lite, counsel fees and costs, and each party agrees to be responsible for his or her own legal fees and expenses. The parties herein acknowledge that by this Agreement, they have respectively secured and maintained a substantial and adequate fund with which to provide for themselves sufficient financial resources to provide for their comfort, maintenance, and support in the station of life to which they are accustomed. 10. OTHER DOCUMENTATION. Wife and Husband covenant and agree that they will forthwith execute any and all written instruments, assignments, releases, satisfactions, deeds, notes, or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 11. NO WAIVER OF DEFAULT. This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any default or breach of any provision hereof by construed as a waiver of any subsequent default or breach of the same or similar nature, not shall it be construed as a waiver or strict performance of any other obligations herein. 12. BREACH. If either party breaches any provisions of this agreement, the other party shall have the right, at his or her election, to sue for damages for such V\ SM JM breach, or seek 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 0G Snad costs incurred by the other in enforcing their n hts under this agreement. ?. ?? `71/? Ai/1 Il ? v? co?`' INFORMED AND VOLUN4,ARY ErMUTION. Each party to this agreement acknowledges that he or she is fully informed as to the facts relating to the subject matter of this agreement, is entering into this agreement voluntarily, free from fraud, undue influence, coercion or duress of any kind, has given careful thought to the making of this agreement, has carefully read each provision of this agreement, and fully and completely understands each provision of this agreement. Husband is not represented and acknowledges that he has chosen to represent himself and that Jane Adams, Esquire prepare this agreement, and is only representing Wife. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written: WITNESS: Witness J W e Adams, I Mqu 9 a W. South St. rlisle, Pa. 17013 (717) 245-8508 Attorney for Wife A4 it In C Aak, J hn H. McGeehan, Husband Date: 2 (') 3 ?'0 san C. McGeehan, Wife Date: 1 a 1 ?1 6 S?M SM JM SUSAN C. McGEEHAN, Plaintiff vs. JOHN H. McGEEHAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. 2008 - 4109 Civil Term : ACTION IN DIVORCE MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT, made this day of 2009, by and between, SUSAN C. McG HAN, of Dillsburg, Pennsylvania, hereina referred to as "WIFE", and JOHN H. McGEEHAN, of 203 Thornridge Drive, Thorndale, Pennsylvania; Pennsylvania, WITNESSETH: WHEREAS, Husband and Wife were lawfully married on October 24, 198lin Cumberland County, Pennsylvania, and; A complaint in divorce was filed in Cumberland County on July 10, 2008, under the above-captioned docket-number; and; The parties have executed Affidavits of Consent, which were filed with the Prothonotary; THE PARTIES AGREE AS FOLLOWS REGARDING THE MARITAL ASSETS: 1. MUTUAL RELEASE OF ALL CLAIMS. Other than as provided in this agreement, each party RELEASES ALL CLAIMS and may dispose 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 or any such other documents necessary to carry out this agreement. 1 2. FULL DISCLOSURE OF ASSETS. Each party warrants that he or she has made a full and fair disclosure of income, assets, and their valuation prior to the execution of this Agreement as well as any other fact relating to this agreement. These disclosures are part of the consideration made by each party for entering into this agreement. Each party agrees that he or she shall not, at any future time, raise as a defense, or otherwise, the lack of such disclosure in any legal proceedings involving this agreement, with the exception of disclosure that may have been fraudulently withheld. In the event that either party, at any time hereafter, discovers such a fraudulently undisclosed asset, that party shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of such 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 such asset. 3. WARRANTY OF DEBTS AND FUTURE OBLIGATIONS. Each party warrants that they have not contracted any debt or liability for the other or which the estate of the other party may be responsible or liable, and except only for the rights arising out of this agreement, neither party will hereafter incur any liability whatsoever for which the other party or the estate of the other party, will be liable. Each party agrees to indemnify or hold harmless from the other and against all future obligations incurred on the other parties' behalf, after the date of this agreement. 4. EQUITABLE DIVISION OF MARITAL PROPERTY. The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in the Divorce Code. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all the marital rights of the parties. S M 7??'?^-'_Jm 5. PERSONAL PROPERTY. The parties agree as follows regarding the personal property. Wife will return Husband's Roadway Ring, and one-half of all family albums. Except otherwise be provided in this Agreement, Wife agrees that all of the property of Husband or in his possession shall be the sole and separate property of Husband; and Husband agrees that all of the property of Wife or in her possession shall be the sole and separate property of Wife 6. VEHICLES. With respect to vehicles, the parties agree: Each party shall retain the respective motor vehicle in their possession and shall remain responsible for insurance, and any and all amounts due and owing against his or her respective vehicles. The titles to the said motor vehicles shall be executed by the parties, if appropriate for effecting transfer as herein provided, within thirty days of the execution date of this Agreement, and said executed titles shall be delivered to the proper parties on the distribution date. 7. REAL ESTATE AND RETIREMENT. The parties hold title to a property known as 6 Ruffian Drive, Dillsburg, York County, Pennsylvania, 17019. The parties agree as follows regarding this property: (a) Husband hereby waives all his right, title, and interest in and to the marital home and Wife shall continue to have sole and exclusive possession of the property. Husband is signing a Deed, contemporaneous with this agreement, by which he is waiving all right, title and interest, in and to this property, which shall be held in escrow by Wife's attorney until Wife refinances. (b) As of the date of this agreement, WIFE shall continue to be solely responsible for all past, present, and future costs or liabilities associated with or attributable to maintaining the residence. (c) Husband has an IRA, which was rolled over, which Wife believes is being managed by Premier Planning Group, Inc. Within 7 days of the entry of the date of the final Divorce Decree, or as soon as administratively practical, the parties will sign, file, and request entry of a Domestic Relations Order thereby transferring $115,000.00 Husband's main IRA i f)tsM_;/ :-iM account with this Group into separate account for Wife. The parties will waive the 30-day review period for the QDRO. (d) Husband also has another IRA which is believed to be held with Capital Bank and Trust, 5300 Robin Hood Road, Norfolk, VA. Within 7 days of the entry of the date of the final Divorce Decree, or as soon as administratively practical, the parties will sign, file, and request entry of a Domestic Relations Order thereby transferring $5,000.00 from Husband's IRA account with this Group or any other group that he transferred funds into, into a separate account for Wife. The parties will waive the 30-day review period for the QDRO. (e) Husband is signing a release today; however, if additional releases are needed, he will cooperate with providing Wife's attorney with a Release to communicate with the appropriate investment company or companies in order that she may obtain information regarding the account and prepare a QDRO. If Husband refuses to cooperate with the release or signing the QDRO, Wife is granted an immediate limited Power of Attorney to obtain such information and sign such QDRO on his behalf. (f) Within sixty (60) days of entry of the QDRO, effectively transferring days of receipt of the IRA funds described in this settlement agreement, being transferred into an account for Wife to Wife, from Husband's Fidelity IRA, Wife will apply to refinance or assume the mortgage the obligation on the marital home in her name alone. Upon the settlement date of the refinance, the Deed will be released from escrow to Wife and such deed will be filed with the Recorder of Deeds on the date of refinance or immediately after the settlement Sea ate. t Upon a ??.¢J le or refinancing, Wife will be responsible for' or any fists associated with sale or refinancing, and but shall also be entitled to any proceeds or fair Zb refunds associated with the sale or refinancing, such as, but not limited to refund of all funds escrowed for taxes and insurance. CA/ ? 8. EMPLOYMENT BENEFITS. Other than as provided herein, the parties agree to waive any and all rights they have in and to each other's employment benefits, including but not limited to both parties IRA's, 401(k)'s, stock savings plans, pensions, and retirement plans and Incentive Savings Plans. The parties agree never to assume any claim to such benefits of the other at any time in the future. --,5m! SM JM Husband had an account or retirement benefit with YRC Worldwide. On or about November, 25, 2008, Husband cashed o--#- his benefit for a ImffP sunt goh4 t1v?r benefit. At the time of withdrawal, the account was underfunded and therefore, ajj `P4 portion of the account could not be withdrawn. The parties believe that there may be an additional benefit with YRC Worldwide which could either be processed as an annuity or eventually be paid as a lump sum. The parties agree that they will divide this benefit, if any, on a 60-40 basis with 60% of any pension, annuity, lump sum payment, or any other benefit remaining with Husband and 40% of any benefit to go to Wife. The parties agree that Wife's attorney will inquire with YRC or the appropriate company as to what benefit is there and the options available to the parties to obtain that benefit. Husband agrees that Wife's attorney may contact the company on his behalf and agrees to a release for Wife or Wife's attorney in order that she can obtain information and prepare whatever paperwork is necessary. 9. ALIMONY, ALIMONY PENDENTE LITE and LEGAL FEES. Each party hereby waives any right to spousal support, alimony, or alimony pendente lite, counsel fees and costs, and each party agrees to be responsible for his or her own legal fees and expenses. The parties herein acknowledge that by this Agreement, they have respectively secured and maintained a substantial and adequate fund with which to provide for themselves sufficient financial resources to provide for their comfort, maintenance, and support in the station of life to which they are accustomed. 10. OTHER DOCUMENTATION. Wife and Husband covenant and agree that they will forthwith execute any and all written instruments, assignments, releases, satisfactions, deeds, notes, or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 11. NO WAIVER OF DEFAULT. This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any default or breach of any provision hereof by construed as a waiver of any subsequent default or breach of the same or similar nature, not shall it be construed as a waiver or strict performance of any other obligations herein. 12. BREACH. If either party breaches any provisions of this agreement, the other party shall have the right, at his or her election, to sue for damages for such (-5 H? SM JM breach, or seek 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 d costs incurred by the oth r in enforcing their rights under this a reement. JAA 'f3. INFORMED A VOLUNTAW EXECUTION. Each art to this agreement ? acknowledges that he or she is fully informed as to the facts relating to the subject matter of this agreement, is entering into this agreement voluntarily, free from fraud, undue influence, coercion or duress of any kind, has given careful thought to the making of this agreement, has carefully read each provision of this agreement, and fully and completely understands each provision of this agreement. Husband is not represented and acknowledges that he has chosen to represent himself and that Jane Adams, Esquire prepare this agreement, and is only representing Wife. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written: WITNESS: Witness f ne Adams, Esquire 7 W. South St. Carlisle, Pa. 17013 (717) 245-8508 Attorney for Wife t- John . McGeehan, Husband Date: I-z I Q3 ( 0 y S san C. McGeehan, Wife Date: al 3) bq SM JM .. HLED-O'IfICE OF THE PROTHONOTARY 2009 DEC 10 PM 1: 2 3 CUML, .. G 1°JyiY r, NA SUSAN C. McGEEHAN, Plaintiff vs. JOHN H. McGEEHAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2008 - 4109 Civil Term ACTION IN DIVORCE PRAECIPE TO TRANSMIT TO THE PROTHONOTARY: Please accept this request to transmit the record, together with the following information to the Court for entry of a divorce Decree: 1. Grounds for divorce: irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and Manner of the service of the Complaint: Amended complaint accepted by Defendant's attorney, on November 13, 2008. 3. Date of execution of the Affidavit of Consent required by 3301(c) of the Divorce Code: Amended complaint accepted by Defendant's attorney, on November 13, 2008. By Plaintiff: September 10, 2009 By Defendant: September 10, 2009 4. Related claims pending: None. 5. Date Defendant's Waiver of Notice under §3301(c) of the Divorce Code was filed with the Prothonotary: September 10, 2009. 6. Date Plaintiffs Waiver of Notice under §3301(c) of the Divorce Code was filed with the Prothonotary: September 10, 2009. 7. Outstanding claims: None, the settlement agreement signed by the parties at the Master's Office on December 3, 2009 should be incorporated and not mer ecL d into the Decree. Date: I - gle h su J ne Adams, E'sgU I . No. 79465 7 W. South St. Carlisle, Pa. 17013 (717) 245-8508 ombTAR( 2009 DEC t E' 1 2? Nly cu IV., Ei ; Y v ?, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN C. McGEEHAN V. JOHN H. McGEEHAN NO. 08 - 4109 Civil Term DIVORCE DECREE AND NOW, _ k? 6 0 , it is ordered and decreed that SUSAN C. McGEEHAN plaintiff, and JOHN H. McGEEHAN 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 claims were resolved by the parties' agreement, which is incorporated into this Decree. Pursuant to that agreement, the prior Order of 10/20/09 remain in place until the parties file the Domestic Relations Order(s) to implement the agreement. Enforcement of a breach of terms, if any, shall be pursuant to section 3502(e) of the Domestic Relations Code. p f • I '?q I By the Court, zyaft?.- FILE04-,'r . '? LANE ADAMS ATTORNEY AT LAW Attorney I.D. No. 79465 17 W. South St. Carlisle, Pa. 17013 (717) 245-8508 esgadams®gmail.com SUSAN C. McGEEHAN, Plaintiff vs. JOHN H. McGEEHAN, Defendant C r IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2008 - 4109 Civi Term ACTION IN DIVORCE PETITION TO ENFORCE THE TERMS OF MARITAL SETTLEMENT AGREEMENT AND NOW COMES, the Petitioner, Susan C. McGeehan, by and through her Attorney, Jane Adams, Esquire, and avers as follows: 1. Plaintiff/Petitioner is Susan C. McGeehan, (hereinafter referred to as "Wife") a competent adult individual, who resides at 6 Ruffian Circle, Dillsburg, Pa. 17019. 2. Defend ant/Respondent is John "Husband"), a competent adult individual, Thorndale, Pa. 19372. H. McGeehan, (hereinafter referred to as who resides at 203 Thornridge Drive 3. On December 3, 2009, the parties entered into a m-3rriage settlement agreement before the Divorce Master. Consent to the agreement was confirmed on the record. A copy of the record and settlement agreement are attached as Exhibits A and B. 4. The final Decree in Divorce was entered in this matter on December 17, 2009, which incorporated the terms of the marriage settlement agreement, is attached as Exhibit C. 5. Under the terms of the agreement, Husband was to sign two Domestic Relations Order transferring a total of $120,000.00 into an account for Wife's benefit. 6. Wife's counsel has requested that Husband prov de account statements and account numbers regarding his most recent IRA accounts, so the Domestic Relations Order can be completed, but he has refused to provide such information. Wife does not have such information because the accounts were recently transferred by Husband. 7. Wife's counsel then drafted two Domestic Relatio is Orders without the account information and sent them to Husband, and requested that he return them with an account statement and a signature. Husband has failed to comply with this request as of the date of filing of this petition. 8. Husband refuses to sign any document which will transfer any amount to Wife, even though Wife's attorney has made repeated requests for him to do so. 9. On January 5, 2010, Husband wrote, in an e-mail to Wife's counsel, "I will not accept or respond to communication from anyone involved i i my case." 10. During the course of this litigation, Husband has t;sken a course of action which has involved unwarranted threatening of Wife's counsel with criminal prosecution, reporting to miscellaneous agencies, and has repeatedly made disparaging comments about Counsel and Counsel's family members. 11. Husband's previous counsel, namely, Jacqueline Verney, previously withdrew her appearance. In her petition to withdraw, she alleged that Husband requested her to "take actions to ruin Plaintiff in her business dealings", threatened Wife's counsel with criminal prosecution, and other actions which she believed were unethical. 12. Wife has incurred substantial attorney's fees during the course of this action due to Husband's non-compliance and vexacious and dilatory behavior. 13. Wife is extremely concerned about Husband's refusal to transfer the amount which is due to her; especially given the current market conditions and the fact that she assumed ownership of the marital home under the settlement agreement, which has a great deal of attached expenses and debt. 14. Wife believes that Husband may be trying to force her into foreclosure or bankruptcy, by withholding assets which are due to her, as he has previously made such statements and representations regarding such personal desires during the course of this action. 15. The marriage settlement agreement provides for attorney's fees upon breach, for the non-breaching party. 16. Due to the above allegations, Wife is requesting the following relief: (a) that Husband be ordered to pay Attorney':; fees for Wife's counsel, For time spent pursuing the execution of the marriage settlement agreement, in the amount of $225 per hour, and that such fees plus 20% (to account for the penalty of withdrawal) be added to the amount of the Domestic Relations Order transferring funds to her. (b) that Wife and her counsel be granted entry of a court Order which would allow them to obtain broad reaching and full discovery and information regarding all of Husband's IRA accounts so that the Domestic Relations Order can be properly drafted. (c)that Wife be granted a Power of Attorney so that she can sign The Domestic Relations Order on Husband's behalf. (d) any other such relief as deemed appropriate. 17. This matter was previously heard by Judge Oler. 18. Defendant does not agree with the relief requested. Respectfully :submitted, ? A) A 1A Date: U%___ t a e Adams, Esquire 1. No. 7946:1 W. South ""t. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF SUSAN C. McGEEHAN, IN THE COJRT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 08 - 1109 CIVIL JOHN H. McGEEHAN, Defendant IN DIVORCE THE MASTER: Today is 'T'hursday, December 3, 2009. This is the date set for a hearing in the above-captioned divorce proceedings. Present in the hearing room are the Plaintiff, Susan C. McGeehan, and her counsel Jane Adams, and the Defendant, John H. McGeehan. Per. McGeehan is not represented by counsel. We have had considerable discussion today in order to arrive at an agreement betweer. the parties with regard to all the outstanding economic issues. A divorce complaint was filed on July 10, 2008, raising grounds for divorce of irretrievable breakdown of the marriage and the economic claim of equitable distribution. With respect to grounds for divorce, the parties previously signed affidavits of consents and waivers of notice of intention to request entry of divorce decree on September 10, 2009. Those affidavits and waivers were filed the same date with the Prothonotaiy's office. Consequently, the divorce can conclude under Section 3301(c) of the Domestic Relations Code. On September 22, 2008, husband filed a 1 counterclaim raising issues of alimony and counsel fees. The Master has been provided an agreement signed today by the parties resolving all the outstanding economic issues. The agreement is dated December 3, 2009, and an original of the agreement has been provided to each of the parties. In order to have the agreement implemented, the parties have also signed a deed to the marital residence transferring husband's interest to wife. The deed is dated December 3, 2009. The deed will be held in escrow by wife's attorney until such time as wife is able to obtain refinancing and remove husband's name from the mortgage obligations. A copy of the deed, however, can be used by wife in order to help her facilitate her refinancing arrangements. Also, signed today is a release for information which allows wife's attorney to contact husband's pension/annuity/IRA plan administrator for the purpose of obtaining information and a form, if available, to do a QDRO to allow release of funds E.nd transfer of funds as provided for in the agreement. Mr. McGeehan has raised an issue which is not specifically addressed in the agreement regarding payment of IRS debt. Mrs. McGeehan has agreed to assume all debt arising out of the filing of joint tax r,:turns which may be in the sum of $30,000.00 plus. Mrs. McGeehan also has 2 indicated that she is going to try to reach a settlement with the IRS. In any event, it is specifically stated that Mr. McGeehan will be relieved from all obligations of the IRS for that joint debt which will become wife's sole and separate obligation. Any liability that the parties have with the IRS individually as a result Df filing individual tax returns will be their sole and separate responsibility. The Master is going to ]:)e provided two copies of the agreement which will be sent over to the Court with his order vacating his appointment so that the Plaintiff's attorney can file a praecipe transferring the record to the Court requesting a final decree in divcrce. It is specifically noted that when the divorce is entered there will be subsequent documents that will probably have to be approved and signed by the Court regarding the transfer of the funds by way of a QDRO. The Court will specifically be presented those documents at a later date so that they can be signed, and the divorce decree should probably note that those documents will be forthcoming witr. respect to the transfer of funds as pursuant to the terms of the agreement. THE MASTER: Mrs. McGeehan, you heard my statement on the record? MS. McGEEHAN: Yes. THE MASTER: You have alsD read the documents which you signed today? 3 MS. McGEEHAN: Yes. THE MASTER: Do you have any questions about what I said on the record or what the documents provide with respect to the settlement? MS. McGEEHAN: No. THE MASTER: Do you understand the process or the methodology that is going to be us,ad here to complete the settlement between you and your hu:3band with regard to the transfer of assets and payment of debt? MS. McGEEHAN: I do. THE MASTER: Are you satisfied that we can proceed now to get the matter to the Ccurt for a final decree in divorce? MS. McGEEHAN: Yes. THE MASTER: Mr. McGeehan, you heard my statement on the record and you have read the agreement and other documents today, do you understand everything that you have read and what I have said on the record? MR. McGEEHAN: Yes, I do, THE MASTER: Do you have any questions about anything? MR. McGEEHAN: No, sir. THE MASTER: And you are satisfied that what we have provided here today with my statement on the record and the agreement and documents that you signed will satisfy 4 and conclude all outstanding issues ir your divorce case? MR. McGEEHAN: Yes. THE MASTER: And you understand that this matter will now go to the Court for the entry of a final decree in divorce and that there will :De subsequent documents presented to Court for signa=ure, if necessary, to accomplish a transfer for a QDRO? MR. McGEEHAN: Yes. THE MASTER: Do you have any questions? MR. McGEEHAN: No, sir. THE MASTER: Do you havE! any questions, Ms. McGeehan? MS. McGEEHAN: No. THE MASTER: Thank you. cc: Jane Adams, Attorney for Plaintiff Susan C. McGeehan, Plaintiff John H. MCgeehan, Defendant 5 SUSAN C. McGEEHAN, IN THE COURT OF COMMON PLEAS Q ? 0 Plaintiff : CUMBERLAND COUNTY, PENNSYLVANWk -8 " vs No. 2008 - 4109 Givil Term . CD JOHN H. McGEEHAN, ; ACTION IN DIVORCE sa Defendant > C_ w MARRIAGE SETTLEMENT AGREE' WENT THIS AGREEMENT, made this day of ?MY4? 2009, by and between, SUSAN C. McG HAN, of Dillsburg, Pennsylvania, hereina referred to as "WIFE", and JOHN H. McGEEHAN, of 203 Thornridge Drive, Thorndale, Pennsylvania, Pennsylvania, WITNESSETH: WHEREAS, Husband and Wife were lawfully married on October 24, 198=in Cumberland County, Pennsylvania, and; A complaint in divorce was filed in Cumberland County on July 10, 2008, under the above-captioned docket-number; and; The parties have executed Affidavits of Consent, which were filed with the Prothonotary; THE PARTIES AGREE AS FOLLOWS REGARDING -HE MARITAL ASSETS: 1. MUTUAL RELEASE OF ALL CLAIMS. Other than as provided in this agreement, each party RELEASES ALL CLAIMS and may dispose 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 o" 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 acministrator 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, right;;, and claims or any such other documents necessary to carry out this agreement. 1?x? 2. FULL DISCLOSURE OF ASSETS. Each party warrants that he or she has made a full and fair disclosure of income, assets, and their valuation prior to the execution of this Agreement as well as any other fact rela `.ing to this agreement. These disclosures are part of the consideration made by each party for entering into this agreement. Each party agrees that he or she shall not, at any future time, raise as a defense, or otherwise, the lack of such disclosure in any IE?gal proceedings involving this agreement, with the exception of disclosure that may have been fraudulently withheld. In the event that either party, at any time hereafi:er, discovers such a fraudulently undisclosed asset, that party shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of such 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 such asset. 3. WARRANTY OF DEBTS AND FUTURE OBLIGATIONS. Each party warrants that they have not contracted any debt or liability for the other or which the estate of the other party may be responsible or liable, and except only for the rights arising out of this agreement, neither party will hereafter incur any liability whatsoever for which the other party or the estate of the other party, will be liable. Each party agrees to indemnify or hold harmless from the other and against all future obligations incurred on the other parties' behalf, after the date of this agreement. 4. EQUITABLE DIVISION OF MARITAL PROPER71Y. The parties have attempted to distribute their marital property in a manner whi:,h conforms to the criteria set forth in the Divorce Code. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all the marital rights of the parties. c ?N? _ SM JM 5. PERSONAL PROPERTY. The parties agree as follows regarding the personal property. Wife will return Husband's Roadway Ring, and one-half of all family albums. Except otherwise be provided in this Agreement, Wife agrees that all of the property of Husband or in his possession shall be the sole and separate property of Husband; and Husband agrees that all of the property of Wife or in her possession shall be the sole and separate property of Wife 6. VEHICLES. With respect to vehicles, the partie> agree: Each party shall retain the respective motor vehicle in their possession and shall remain responsible for insurance, and any and all amounts due and owing against his or her respective vehicles. The titles to the said motor vehicles shall be executed by the parties, if appropriate for effecting transfer as herein provided, within thirty days of the execution date of this Agreement, and said executed titles shall be delivered to the proper parties on the distribution date. 7. REAL ESTATE AND RETIREMENT. The parties hold title to a property known as 6 Ruffian Drive, Dillsburg, York County, Penn_;ylvania, 17019. The parties agree as follows regarding this property: (a) Husband hereby waives all his right, title, and interest in and to the marital home and Wife shall continue to have sole and exclusive possession of the property. Husband is signing ,a Deed, contemporaneous with this agreement, by which he is waiving all right, title and interest, in and to this property, which shall be held in escrow by Wife's attorney until Wife refinances. (b) As of the date of this agreement, WIFE shall continue to be solely responsible for all past, present, and future costs or liabilities associated with or attributable to maintaining the residence. (c) Husband has an IRA, which was rolled over, which Wife believes is being managed by Premier Planning Group, Inc. Within 7 days of the entry of the date of the final Divorce Decree, or as soon as administratively practical, the parties will sign, file, and request entry of a Domestic Relations Order thereby transferring $115,000.00 H usband's main IRA t 5tA SM 4%? jm account with this Group into separate account for Wife. The parties will waive the 30-day review period for the QDRO. (d) Husband also has another IRA which is belicved to be held with Capital Bank and Trust, 5300 Robin Hood Road, Norfolk, VA. Within 7 days of the entry of the date of the final Divorce Decree, or as soon as administratively practical, the parties will sign, file, and request entry of a Domestic Relations Order thereby transferring $5,000.00 from Husband's IRA account with this Group or any other group that he transferred funds into, into a separate account for Wife. The parties will waive the 30-day review period for the QDF;O. (e) Husband is signing a release today; however, if additional releases are needed, he will cooperate with providing Wife's attorney with a Release to communicate with the appropriate investment company or companies in order that she may obtain information regarding the account and prepare a QDRO. If Husband refuses to cooperate with the release or signing the QDRO, Wife is granted an immediate limited Power of Attorney to obtain such information and sign such QDRO on his behalf. (f) Within sixty (60) days of entry of the QDRO, effectively transferring days of receipt of the IRA funds described in this settlement agreement, being transferred into an account for Wife to Wife, from Husband's Fidelity IRA, Wife will apply to refinance or assume the mortgage the obligation on the marital LA home in her name alone. Upon the settlement date of 1-he refinance, the Deed At will be released from escrow to Wife and such deed will be filed with the Recorder of Deeds on the date of refinance or immediat:ly after the settlement ?T Sed- date. f.- Upon Aale or refinancing, Wife will be responsible for any Bests associated with sale or refinancing, and but shall also be entitled to any proceeds or 0cr-2-6 refunds associated with the sale or refinancing, such as, but not limited to refund of all funds escrowed for taxes and insurance. CAA 8. EMPLOYMENT BENEFITS. Other than as provided herein, the parties agree to waive any and all rights they have in and to each other's employment benefits, including but not limited to both parties IRA's, 401(k)'s, stock savings plans, pensions, and retirement plans and Incentive Savings Plans. The parties agree never to assume any claim to such benefits of the other at any time in the future. s 3M _ SM JM d?? / Husband had an account or retirement benefit with YRC Worldwide. On or about November, 25, 2008, Husband ROk4 Gwl nr benefit. At the time of withdrawal, the account was underfunded and therefore, 1/bv 1? portion of the account could not be withdrawn. The parties believe that there may be an additional benefit with YRC Worldwide which could either be processed as an annuity or eventually be paid as a lurnp sum. The parties agree that they will divide this benefit, if any, on a 60-40 basis with 60% of any pension, annuity, lump sum payment, or any other benefit remaining with Husband and 40% of any benefit to go to Wife. The parties agree that Wife's attorney will inquire with YRC or the appropriate company as to what benefit is there and the options available to the parties to obtain that benefit. Husband agrees that Wife's attorney may contact the company on his behalf and agrees to a release for Wife or Wife's attorney in order that she can obtain information and prepare whatever paperwork is necessary. 9. ALIMONY, ALIMONY PENDENTE LITE and LEGAL FEES. Each party hereby waives any right to spousal support, alimony, or alimony pendente lite, counsel fees and costs, and each party agrees to be responsible for his or her own legal fees and expenses. The parties herein acknowledge that by this Agreement, they have respectively secured and maintained a substantial and adequate fund with which to provide for themselves sufficient financial resources to provide for their comfort, maintenance, and support in the station of life to which they are accustomed. 10. OTHER DOCUMENTATION. Wife and Husband covenant and agree that they will forthwith execute any and all written instruments, assignments, releases, satisfactions, deeds, notes, or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 11. NO WAIVER OF DEFAULT. This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the tarms of this Agreement. The failure of either party to insist. upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any default or breach of any pro ?ision hereof by construed as a waiver of any subsequent default or breach of the same or similar nature, not shall it be construed as a waiver or strict performance of any other obligations herein. 12. BREACH. If either party breaches any provisions of this agreement, the other party shall have the right, at his or her election, to sue fo, damages for such C-5_ SM JM breach, or seek 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 d costs incurred by the oth r in enforcing their rights under this a reement. f P* Aj 'f3. INFORMED A?? VOLUNTAR? EXECE?TION. Each part to this agreement ! acknowledges that he or she is fully informed as to the fa:,ts relating to the subject matter of this agreement, is entering into this agreement voluntarily, free from fraud, undue influence, coercion or duress of any kind, has gives careful thought to the making of this agreement, has carefully read each provision of this agreement, and fully and completely understands each provision of this agreement. Husband is not represented and acknowledges that he has chosen to represent himself and that Jane Adams, Esquire prepare this agreement, and is only representing Wife. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written: WITNESS: Witness ne Adams, Esquire 7 W. South St. Carlisle, Pa. 17013 (717) 245-8508 Attorney for Wife Ul- ( l-u - -10k, John . McGeehan, Husband Date: 1-;dD3? (9? K a J ta a???Vn?-0 ? S san C. McGeehan, Wifev Date: },-)-I c ; l U l ? :W__ SM JM e IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN C. McGEEHAN V. JOHN H. McGEEHAN : NO 08 - 4109 Civil Term DIVORCE DECREE Dec. 17 2009 AND NOW, SUSAN C. McGEEHAN JOHN H. McGEEHAN bonds of matrimony. _, it is ordered and decreed that plaintiff, and 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 claims remain indicate "None.") All claims were resolved by the parties' agreement, which is incorporated into this Decree. Pursuant to that agreement, the prior Order of 10120/09 remain in place until the parties file the Domestic Relations Order(s) to implement the agreement. Enforcement of a breach of terms, if any, shall be pursuant to section 3502(e) of tho; Domestic Relations Code. p By the Court, Certified Copy Issued: December 18, 2009 Date _J. Wesley Oler, Jr. Attest: J. oij rM jQ-11,01M I Prothonotary f 4 C VERIFICATION I verify that the statements made in this Petition 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: f -lob -10 /? f S an C. McGeehan, Plainti V J SUSAN C. McGEEHAN, Plaintiff vs. JOHN H. McGEEHAN, Defendant i' . E. s. t'' `A Y 2010 snit 20 Pill ?- uC JAN 19 2010 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2008 - 4109 Civil Term ACTION IN DIVORCE jl RULE TO SHOW CAUSE AND NOW, this lt?l day of 2010, upon consideration of the Petition to Enforce Marital Settlement Agreement, a Rule is hereby entered upon the Respondent, John H. McGeehan, to show cause why the relief requested in the attached Petition should not be granted. Ib Rule returnable in4days from the date of service. BY THE COURT: cc: Jane Adams, Esquire, for wife John H. McGeehan, Husband, pro se ?c QS rn?,t?l.f r?z%v i=!LEu:`` ,r c ,?Fr f?,r l na,?r?Y 2010 FEB 17 A 8.4 7 JANE ADAMS ATTORNEY AT LAW Attorney I.D. No. 79465 17 W. South St. Carlisle, Pa. 17013 (717) 245-8508 esgadams@gmail.com SUSAN C. McGEEHAN, Plaintiff vs. JOHN H. McGEEHAN, Defendant GLi Y IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2008 - 4109 Civil Term ACTION IN DIVORCE MOTION TO MAKE THE RULE TO SHOW CAUSE ABSOLUTE AND NOW COMES, the Petitioner, Susan C. McGeehan, by and through her Attorney, Jane Adams, Esquire, and avers as follows: 1. Plaintiff/Petitioner is Susan C. McGeehan, (hereinafter referred to as "Wife") a competent adult individual, who resides at 6 Ruffian Circle, Dillsburg, Pa. 17019. 2. Defendant/Respondent is John H. McGeehan, (hereinafter referred to as "Husband"), a competent adult individual, who resides at 203 Thornridge Drive Thorndale, Pa. 19372. 3. On December 3, 2009, the parties entered into a marriage settlement agreement before the Divorce Master. Consent to the agreement was confirmed on the record. 4. The final Decree in Divorce was entered in this matter on December 17, 2009, which incorporated the terms of the marriage settlement agreement. 5. Under the terms of the agreement, Husband was to sign two Domestic Relations Orders transferring a total of $120,000.00 into an account for Wife's benefit. 6. Since entry of the agreement, Husband has refused to cooperate or comply with the terms of the marriage settlement agreement. He revoked his release, will not provide account numbers, and will not sign the Qualified Domestic Relations Orders. 7. On January 15, 2010, Wife filed a petition to Enforce the Marriage Settlement Agreement. A rule to show cause, returnable in ten (10) days, was issued upon Defendant on January 19, 2010. 8. Defendant picked up a copy of the Petition and Rule on January 25, 2010. (See affidavit of service, which is attached.) 9. On or about February 6, 2010, Husband indicated to Wife's counsel that he had filed a response to the Rule. When Wife's counsel asked that Husband send her a copy of the response, Husband e-mailed, "No, I will not supply you with anything." 10. Husband has repeatedly threatened Wife's counsel with unwarranted criminal charges, for contacting him about the status of the case, as Counsel is required to do, and wrote in an e-mail, he would "forever seek both your liscenes [sic] and careers" referring to Wife and her counsel. 11. Husband wrote in an e-mail that his Wife was "white trash" and that the "2 [sic] of you are destine [sic] for careers as factory workers!!!!!!!!!!!ItIIIIIL" 12. Counsel checked the docket, and as of this date, she is not able to find a docketed response to Wife's Petition to Enforce the Marriage Settlement Agreement. Husband refuses to provide any copies of alleged response. 13. Wife has incurred substantial attorney's fees during the course of this action due to Husband's non-compliance and vexacious and dilatory behavior. 14. Wife continues to be extremely concerned about Husband's refusal to transfer the amount which is due to her; especially given the current market conditions and the fact that she assumed ownership of the marital home under the settlement agreement, which has a great deal of attached expenses and debt. 15. Wife believes that Husband may be trying to force her into foreclosure or bankruptcy, by withholding assets which are due to her, as he has previously made such statements and representations regarding such personal desires during the course of this action. 16. Husband has previously been convicted two.times of harassment due to his threatening communications towards Wife. On or about December 7th, 2009, Husband was charged with stalking and harassment due to actions which occurred on December 4, 2010, the day after the Divorce Master's conference and hearing. A hearing regarding the charges is scheduled at Magisterial District Justice Thomas's office for March 1, 2010. 17. Wife and her counsel simply want to complete this matter and do not want to be subjected to the repeated harassment and disparaging remarks lodged by Husband. 18. The marriage settlement agreement provides for attorney's fees upon breach, for the non-breaching party. 19. Due to the above allegations, Wife is requesting the following relief: (a) that Husband be ordered to pay Attorney's fees for Wife's counsel, For time spent pursuing the execution of the marriage settlement agreement, in the amount of $225 per hour, and that such fees plus 20% (to account for the penalty of withdrawal) be added to the amount of the Domestic Relations Order transferring funds to her. (b) that Wife and her counsel be granted entry of a court Order which act as a release and would allow them to obtain broad reaching and full information regarding all of Husband's IRA accounts so that the Domestic Relations Order can be properly drafted. (c)that Wife be granted a Power of Attorney so that she can sign The Domestic Relations Order on Husband's behalf. (d) compensation for interest and penalties due on debt obligations Wife's assumed as part of the marriage settlement agreement but has been unable to pay off due to Husband's non-cooperation. (e) any other such relief as deemed appropriate. 20. This matter was previously heard by Judge Oler. 21. Defendant does not agree with the relief requested. Date: ? /a? /D Respectfully submitted, dahe Adams, Esquire I. No. 79465 W. South St. arlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF SUSAN C. McGEEHAN, Plaintiff vs. JOHN H. McGEEHAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2008 - 4109 ACTION IN DIVORCE CERTIFICATE OF SERVICE I, Jane Adams, Esquire, do hereby certify that on January 25. 2010 1 served a true and correct copy of the PETITION TO ENFORCE MARRIAGE SETTLEMENT and RULE TO SHOW CAUSE in the above-captioned matter upon the following individual(s) by certified mail, restricted, return receipt requested, addressed as follows: Jack McGeehan 203 Thornridge Dr. Thorndale, Pa. 19372 DEFENDANT Respectfully Submitted: U 4 (4?4 J e Adams, Esquire 1. No. 79465 West South St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF ¦ Complete items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front If space permits. 1. Article Addressed to: k-CV ASnature A Ur ? Agent ^"??J ? Addressee B. Received byA*j%"47,Q) C, Datepf Delivery D. Is deliv different from item 1? ? Yes If YE r ad gq>elo ' : ? No 1 3. rvice Type Certified Mail ? Express Mail ? Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2. Article Number 7008 1830 0003 5941 9561 (Tlarratir Art sw?4o&/8bpl) PS Form 3811, Fewwy 2oo4 Domestic Return Receipt 102595-024A-1-540- U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: (rs e_ -7 oL3 One piece of ordinary mail addresse to: C7a g= rho • V 4 9 3-7 PS Form 3817, January 2001 m o; i o C :11 M o404 A 00 0 o'F--• 7,. i71?).l--?3 W I IVO? ?' Fir GO L CIC J •1 •4)r'n r_ p n --I p m Jane Adams ATTORNEY AT LAVA 17 WEST SOUTH ST. CARLISLE, PA. 17013 (717) 245-8508 voice espadams(a)gmail.com Statement Date: February 12, 2010 To: Susan McGeehan Rate: $225.00 ------------ ----------- Description Time. Fee 1/9/10 Prepared and filed petition to enforce agreement. .75 $168.75 1/22/10 Served Rule to Show Cause, certified and regular mail. .2 $45.00 Postage $6.15 2/10/2010 E-mail from Jack McGeehan; checked docket. .1 $25.00 2/11/10 Drafted Motion to Make Rule Absolute .75 $168.75 2/11/10 Phone call to client. .3 $67.50 2/12/10 Completed and filed Motion to Make Rule Absolute, with Exhibits. .5 $112.50 TOTAL BILL $593.65 Plus 20% to compensate for QDRO penalty = $742.06 L-- Xtiihrf to) - s VERIFICATION I verify that the statements made in this Petition 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: v, I ?CE'/ S san C. McGeehan, Plaintiff y-r/ - CERTIFICATE OF SERVICE I, Jane Adams, Attorney for Petitioner, hereby certify that a copy of Plaintiff's PETITION has been duly served upon the Respondent, by first class mail, postage pre- paid, to Defendant, whose address is listed below: Jack McGeehan 203 Thornridge Drive Thorndale, Pa. 19372 DEFENDANT/RESPONDENT Date '?16I10 e Adams, Esquire' . No. 79465 W. South St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PETITIONER SUSAN C. McGEEHAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW JOHN H. McGEEHAN, : Defendant NO. 08-4109 CIVIL TERM ORDER OF COURT AND NOW, this 23rd day of February, 2010, upon consideration of the Petition to Enforce Marital Settlement Agreement and of the Motion To Make the Rule To Show Cause Absolute, it is hereby ordered and decreed: A. Wife or her counsel are authorized, without a release or consent from Husband, to directly obtain any and all information, account statements, numbers or any other personal information, regarding Husband's investment accounts, from any person who has knowledge of Husband's current or past investment accounts; B. Wife is granted a power of attorney, to sign a Domestic Relations Order, on Husband's behalf, in order that the terms of the marriage settlement agreement may be effectuated; and C. Husband's accounts will continue to remain frozen, until the Domestic Relations order is signed and executed. -"- Ja ne Adams, Esq. 17 West South Street Carlisle, PA 17013 Attorney for Plaintiff ? John H. McGeehan 203 Thornridge Drive Thorndale, PA 19372 'Z I :rc -6 6 BY THE COURT, E, I Wesley 04&, JU J. J C ' -77) it :, ?; N) JANE ADAMS ATTORNEY AT LAW Attorney I.D. No. 79465 17 W. South St. Carlisle, Pa. 17013 (717) 245-8508 esgadams@gmail.com SUSAN C. McGEEHAN, Plaintiff vs. JOHN H. McGEEHAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 08 - 4109 Civil Term W o. ACTION IN DIVORCE MOTION FOR ENTRY OF DOMESTIC RELATIONS ORDER AND NOW COMES, the Petitioner, Susan C. McGeehan, by and through her Attorney, Jane Adams, Esquire, and avers as follows: 1. Plaintiff/Petitioner is Susan C. McGeehan, (hereinafter referred to as "Wife") a competent adult individual, who resides at 6 Ruffian Circle, Dillsburg, Pa. 17019. 2. Defendant/Respondent is John H. McGeehan, (hereinafter referred to as "Husband"), a competent adult individual, who resides at 203 Thornridge Drive Thorndale, Pa. 19372. 3. On December 3, 2009, the parties entered into a marriage settlement agreement before the Divorce Master. 4. The final Decree in Divorce was entered in this matter on December 17, 2009, which incorporated the terms of the marriage settlement agreement. 5. Under the terms of the agreement, Husband was to sign a Domestic Relations Order transferring a total of $5,000.00 to Wife, from his account at Capital Bank and Trust. 6. Wife's counsel has repeatedly requested that Husband sign a stipulation, or transfer documents, so that the funds can be transferred. Husband has refused to sign anything. 7. Husband refuses to sign any document which will transfer any amount to Wife, even though Wife's attorney has made repeated requests for him to do so. 8. On January 5, 2010, Husband wrote, in an e-mail to Wife's counsel, "I will not accept or respond to communication from anyone involved in my case." 9. Due to Husband's non-cooperation, Wife was granted a limited Power of Attorney, in an Order signed by this Honorable Court. A copy of the court Order is attached. 10. Wife is requesting entry of the attached Order, which would transfer the amount of $5,000.00 to an account in her name, pursuant to the marriage settlement agreement. 11. Wife signed a stipulation, which is attached to this petition. She signed it on her own behalf and on behalf of Husband, as limited Power of Attorney. The language of such stipulation and proposed Order was prepared with the input of Capital Bank and Trust. 12. Capital Bank and trust will not transfer funds based on the Limited Power of Attorney alone; they need an Order specifically directing them to transfer such funds. 13. This matter was previously heard by Judge Oler. 14. Defendant does not agree with the relief requested. WHEREFORE, Wife is requesting entryof the attached Order, which would transfer the amount of $5,000.00 to her, pursuant to the marriage settlement agreement. Respectfully submitted, Date: 177)o ID ne Adams, Esquire I D. No. 79465 7 W. South St. arlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF SUSAN C. McGEEHAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW JOHN H. McGEEHAN, Defendant NO. 08-4109 CIVIL TERM ORDER OF COURT AND NOW, this 23rd day of February, 2010, upon consideration of the Petition to Enforce Marital Settlement Agreement and of the Motion To Make the Rule To Show Cause Absolute, it is hereby ordered and decreed: A. Wife or her counsel are authorized, without a release or consent from Husband, to directly obtain any and all information, account statements, numbers or any other personal information, regarding Husband's investment accounts, from any person who has knowledge of Husband's current or past investment accounts; B. Wife is granted a power of attorney, to sign a Domestic Relations Order, on Husband's behalf, in order that the terms of the marriage settlement agreement may be effectuated; and C. Husband's accounts will continue to remain frozen, until the Domestic Relations order is signed and executed. Jane Adams, Esq. 17 West South Street Xcarlisle, PA 17013 Attorney for Plaintiff John H. McGeehan 203 Thornridge Drive Thorndale, PA 19372 BY THE COURT,. T. Wesley Ot6r, ii j J. TRUE COPY FROM P.ECORD M Testimony whereof, I here unto set my hand and the seal of said Cop a Carlisle, Pa. This .. s?=day of, 20 I6} Prothonotary re SUSAN C. McGEEHAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 08 - 4109 Civil Term JOHN H. McGEEHAN, : ACTION IN DIVORCE Defendant STIPULATION AND NOW, THIS day of stipulated that: follows: , 2010, it is hereby 1. Capital Bank and Trust, located at 5300 Robin Hood Road, Norfold, Virginia, 23513-2430, should be directed and ordered to transfer the amount of $5,000.00 from the account of John H. McGeehan, into an IRA account for the benefit of Susan C. McGeehan. 2. Since the shareholder, John H. McGeehan, has refused to cooperate by signing the necessary paperwork, to request the transfer distribution, the recipient, Susan C. McGeehan, must be authorized to sign any and all documents required to effectuate the transfer of $5,000.00 from John H. McGeehan's account, to her own IRA account. 3. Susan C. McGeehan may provide additional information to Capital Bank and Trust, including the parties account numbers and social security numbers, by way of a letter of instruction. 4. The Alternate Payee's award will be paid proportionately from all investment options as of the date of account segregation. 5. Contemporaneous with the transfer directed by this Order, the provisions of the prior Orders in this matter restricting distribution from this account shall be vacated. SO STIPULATED: r-A I ? olan LIM ??Wvfi- McGeehan, signing as limited POA for John H. McGeehan, Husband Date o P n C . McGeehan, ? Y?X Vsta Plaintiff Date: ?j? fe1 VERIFICATION I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. c Date: S/3//D 'Susan C. McGeehan-,laintiff CERTIFICATE OF SERVICE I, Jane Adams, Attorney for Petitioner, hereby certify that a copy of Plaintiff's PETITION has been duly served upon the Respondent, by first-class mail, postage pre- paid, at the address listed below: John H. McGeehan 203 Thornridge Drive Thorndale, Pa. 19372. SELF-REPRESENTED PARTY Date: Al e Adams, Esquire I.D No. 79465 17 W. South St. C rlisle, Pa. 17013 17) 245-8508 ATTORNEY FOR PETITIONER SUSAN C. McGEEHAN, Plaintiff V. JOHN H. McGEEHAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-4109 CIVIL TERM IN RE: MOTION FOR ENTRY OF DOMESTIC RELATIONS ORDER ORDER OF COURT AND NOW, this 10th day of May, 2010, upon consideration of Plaintiff s Motion for Entry of Domestic Relations Order, a Rule is hereby issued upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 14 days of the date of this order. BY THE COURT, J esley Oler, r., J. ?Jane Adams, Esq. 17 West South Street Carlisle, PA 17013 Attorney for Plaintiff ?hn H. McGeehan 203 Thornridge Drive Thorndale, PA 19372 :rc 124T I es° ena t lL sf?o1?? c-- - 77 Fri, .: n? r„ :. C:. ?F rr-= F" Ay 2010 Hil 25 Ph 2: 43 1ANE ADAMS ATTORNEY AT LAW Attorney I.D. No. 79465 17 W. South St. Carlisle, Pa. 17013 (717) 245-8508 esgadams@gmail.com SUSAN C. McGEEHAN, Plaintiff vs. JOHN H. McGEEHAN, Defendant CUi443 t 11' IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 08 - 4109 Civil Term ACTION IN DIVORCE MOTION TO MAKE THE RULE TO SHOW CAUSE ABSO UTE AND NOW COMES, the Petitioner, Susan C. McGeehan, by and through her Attorney, Jane Adams, Esquire, and avers as follows: 1. Plaintiff/Petitioner is Susan C. McGeehan, (hereinafter referred to as "Wife") a competent adult individual, who resides at 6 Ruffian Circle, Dillsburg, Pa. 17019. 2. Defendant/Respondent is John "Husband"), a competent adult individual, Thorndale, Pa. 19372. H. McGeehan, (hereinafter referred to as who resides at 203 Thornridge Drive 3. On December 3, 2009, the parties entered into a marriage settlement agreement before the Divorce Master. 4. The final Decree in Divorce was entered in this matter on December 17, 2009, which incorporated the terms of the marriage settlement agreement. 5. Under the terms of the agreement, Husband was to sign a Domestic Relations Order transferring a total of $5,000.00 to Wife, from his account at Capital Bank and Trust. 6. Wife's counsel has repeatedly requested that Husband sign a stipulation, or transfer documents, so that the funds can be transferred. Husband has refused to sign anything. 7. Husband refuses to sign any document which will transfer any amount to Wife, even though Wife's attorney has made repeated requests for him to do so. 8. On January 5, 2010, Husband wrote, in an e-mail to Wife's counsel, "I will not accept or respond to communication from anyone involved in my case." 9. On May 3, 2010, Wife's counsel filed a Motion, requesting a court Order directing Husband's bank to transfer funds pursuant to the marriage settlement agreement. 10. On May 10, 2010, a Rule to Show Cause was issued by this Honorable Court, returnable on May 24, 2010, or fourteen (14) days from the date of the Order, not the date of service. 11. Wife's counsel sent a copy of this Order to Husband via regular mail, on May 13, 2010, as Husband has customarily refused to sign for certified mail. The mail was not returned to Wife's counsel. A copy of the Certificate of Mailing is attached as Exhibit A. 12. Wife is requesting that the attached Order be entered, so that Wife may finally obtain her funds, as provided for in the parties' agreement. 13. This matter was previously heard by Judge Oler. 14. Defendant does not agree with the relief requested. WHEREFORE, Wife is requesting entry of the attached Order, which would transfer the amount of $5,000.00 to her, pursuant to the marriage settlement agreement. Date: qd?l? Respectfully submitted, Mane Adams, Esquire I.D. No. 79465 17 W. South St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: cJ One piecegf grdinarv mail addressed to: Z? PS Fenn M11T, Jrnmy 2oo1 Exfh 6 f-F Pr <C CL Y1 ? I IC?CD '- r?Prf (q1-0 a ?s (01 4?° C~? ~? CERTIFICATE OF SERVICE I, Jane Adams, Attorney for Petitioner, hereby certify that a copy of Plaintiffs PETITION has been duly served upon the Respondent, by first-class mail, postage pre- paid, at the address listed below: John H. McGeehan 203 Thornridge Drive Thorndale, Pa. 19372. SELF-REPRESENTED PARTY Date: a s //6 arlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PETITIONER J he Adams, Esquire No. 79465 1 W. South St. MAY 2 6 Zotu SUSAN C. McGEEHAN, Plaintiff vs. JOHN H. McGEEHAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. 08 - 4109 Civil Term ACTION IN DIVORCE rv , !T is it is hereb ::? y , DOMESTIC RELATIONS ORDER AND NOW, THIS 2.6 04day of M? , 2010, ORDERED and DECREED as follows: 1. Capital Bank and Trust, located at 5300 Robin Hood Road, Norfolk, Virginia, 23513-2430, is hereby ORDERED AND DIRECTED to transfer the amount of $5,000.00 from the account of John H. McGeehan, into an IRA account for the benefit of Susan C. McGeehan. 2. Since the shareholder, John H. McGeehan, has refused to cooperate by signing the necessary paperwork, to request the transfer distribution, the recipient, Susan C. McGeehan, is authorized to sign any and all documents required to effectuate the transfer of $5,000.00 from John H. McGeehan's account, to her own IRA account. 3. Susan C. McGeehan may provide additional information to Capital Bank and Trust, including the parties account numbers and social security numbers, by way of a letter of instruction. 4. The Alternate Payee's award will be paid proportionately from all investment options as of the date of account segregation. 5. Contemporaneous with the transfer directed by this Order, the provisions of the prior Orders in this matter restricting distribution from this account shall be vacated. cc: Jane Adams, Esquire John H. McGeehan, Defendant self-represented t F_S? vri.? t ?, BY THE C011RT•