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HomeMy WebLinkAbout08-4563 MACRINA P. EVERETT, PLAINTIFF V. TIMOTHY S. EVERETT, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. Df - t/5-03 el 11i 'l TIrm DIVORCE ACTION NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at (717) 240-6195, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET. FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17103 (717) 240-6195 MACRINA P. EVERETT, PLAINTIFF V. TIMOTHY S. EVERETT, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . NO. Of - VY63 04211-d 7? DIVORCE ACTION COMPLAINT UNDER SECTION 3301(c) OR SECTION 3301(d) OF THE DIVORCE CODE 1. Plaintiff, Macrina P. Everett, is an adult individual who currently resides at 311 East Marble Street, Mechanicsburg, PA 17055. 2. Defendant, Timothy S. Everett, is an adult individual who currently resides at 311 East Marble Street, Mechanicsburg , PA 17055. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of the Complaint. 4. The Plaintiff and Defendant were married on June 18, 1995, in Albuquerque, NM. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. 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. 8. Plaintiff requests the Court to enter a Decree of Divorce. WHEREFORE, Plaintiff, MACRINA P. EVERETT, urges this Honorable Court to enter a Decree of Divorce. By: Respectfully suVmijed, NEALON 1GOVER & Q James G. Nealon, III, Esquire Attorney I.D. #46457 2411 North Front Street Harrisburg, PA 17110 (717) 232-9900 Date: 7 d T' VERIFICATION I, MACRINA P. EVERETT, verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 4904 relating to unswom falsification to authorities. MARINA P. RE Dated: 1) 7?Z3?6? 4ok c- U t? m 0 COYNE & COYNE, P.C. John W. Carter, Esquire Pa. Supreme Ct. No. 202849 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Attorney for Defendant MACRINA P. EVERETT, Plaintiff VS. TIMOTHY S. EVERETT, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-4563 CIVIL TERM : 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. 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, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, TO GET LEGAL HELP SHOULD CONTACT: Cumberland County Lawyer Referral Service 2 Liberty Avenue, Carlisle, Pennsylvania 1-(800)-990-9108 COYNE & COYNE, P.C. t (27t-, John W. Carter, Esquire 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Pa.. Supreme Ct. No. 202849 Attorney for Plaintiff COYNE & COYNE, P.C. John W. Carter, Esquire Pa. Supreme Ct. No. 202849 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Attorney for Defendant MACRINA P. EVERETT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 08-4563 CIVIL TERM TIMOTHY S. EVERETT, Defendant : ACTION IN DIVORCE ANSWER AND COUNTER CLAIM TO THE HONORABLE, JUDGES OF SAID COURT: AND NOW COMES, Defendant, TIMOTHY S. EVERETT, by and through his counsel, John W. Carter, Esquire, of Coyne & Coyne, P.C., and files this Answer and Counterclaim: 1. Denied. It is specifically denied that Plaintiff, Macrina P. Everett resides at 311 East Marble Street, Mechanicsburg, Pennsylvania 17055. By way of further answer, Plaintiff Macrina P. Everett moved from the marital residence on July 20, 2008. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted on information and belief. 6. Admitted. 7. Denied. After reasonable investigation, Defendant is without sufficient knowledge or information to form belief as to truth of the averments of Paragraph 7 and Defendant has no knowledge of what, if anything, the Plaintiff was advised and same is therefore denied and strict proof demanded at the time of trial. 8. Neither admitted nor denied, as this is a conclusion of law to which no response is required. WHEREFORE Defendant respectfully requests this Honorable Court dismiss the request for entry of a No-Fault Divorce under Section 3301(c) and 3301(d) of the Divorce Code. COUNTER CLAIM: COUNTI REQUEST FOR ALIMONY, ALIMONY PENDENTE LITE SUPPORT ATTORNEY FEES, EXPENSES AND COSTS 9. Paragraphs 1 through 8 of this Answer are incorporated herein by reference. 10. Defendant lacks sufficient property to provide for his reasonable means and is unable to support himself in the standard of living established during the marriage through appropriate employment. 11. Defendant has employed counsel, but is unable to pay the necessary and reasonable attorney fees for said counsel. 12. Defendant is unable to sustain himself during the course of this litigation and will require alimony pendent lite in order to do so. 13. Defendant requires reasonable alimony to adequately maintain himself in accordance with the standard of living established during the marriage following the issuance of any decree in divorce. 14. Plaintiff has adequate earnings to provide for the Defendant's support and to pay Defendant's counsel fees, costs and expenses. WHEREFORE, Defendant, respectfully requests the Court to: (1) enter an award of Alimony Pendente Lite, interim counsel fees, costs and expenses, until final hearing and thereupon award such additional counsel fees, costs and expenses as deemed appropriate; (2) enter an award of alimony in his favor; and (3) all other relief deemed appropriate by this Honorable Court. COUNT H - EQUITABLE DISTRIBUTION 15. Paragraphs 1 through 14 of this Complaint are incorporated by reference. 16. Plaintiff and Defendant acquired property, both real and personal, and debt during their mamage. 17. Plaintiff and Defendant are unable to agree as to the equitable division of said property and debt. WHEREFORE, Defendant requests this Honorable Court to equitably divide all marital property and debt pursuant to the Divorce Code. Dated: Respectfully submitted: COYNE & COYNE, P.C. By: t ?(/. CryG? ?1101 W. CarterEMarket Street Camp Hill, PA 17011-4227 (717) 737-0464 Pa. S. Ct. No. 202849 Attorney for Defendant VERIFICATION I, TIMOTHY S. EVERETT, certify that the statements made in the foregoing document are true and correct to the best of my knowledge, information, and belief and that this verification is subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date TIN40TVY S. EVERETT CERTIFICATE OF SERVICE I, John W. Carter, Esquire, of Coyne & Coyne, P.C., hereby certify that true copy of the foregoing Answer and Counter Claim was served this date upon the below-referenced individuals at the below listed address by way of first class mail, postage pre-paid: James G. Nealon, Esquire 2411 N. Front St. Harrisburg, PA 17110 Dated: e-b® () John W. Carter, Esquire 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Pa. S. Ct. No. 202849 Attorney for Defendant W S n COYNE & COYNE, P.C. John W. Carter, Esquire Pa. Supreme Ct. No. 202849 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 MACRINA P. EVERETT, Plaintiff VS. TIMOTHY S. EVERETT, Defendant Attorney for Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 084563 CIVIL TERM ACTION IN DIVORCE DEFENDANT'S PETITION FOR ALIMONY PENDENTE LITE, COUNSEL FEES COSTS AND EXPENSES AND ALIMONY TO THE HONORABLE, Judges of said Court: AND NOW comes the Defendant/Petitioner, Timothy S. Everett, who, by and through his attorneys, John W. Carter, Esquire, and files this Petition for Equitable Distribution, Alimony Pendente Lite, Counsel Fees, Costs and Expenses, in which he avers that: 1. Defendant/Petitioner, Timothy S. Everett, is an adult individual residing at 311 East Marble Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Plaintiff/Respondent, Macrina P. Everett, is an adult individual whose address is unknown. 3. On or about July 29, 2008, Plaintiff/Respondent filed a Divorce Complaint. 4. On or about August 21, 2008, Defendant/Petitioner filed an Answer and Counter Claim raising, inter alia, a claim for Alimony Pendente Lite, Counsel Fees, Costs and Expenses, and Alimony. 5. Defendant/Petitioner lacks sufficient property to provide for his reasonable means and is unable to support himself in the standard of living established during the marriage through appropriate employment and seeks alimony pendente lite. 6. Defendant/Petitioner has employed counsel, but is unable to pay the necessary and reasonable attorney's fees for said counsel. 7. Defendant/Petitioner is unable to sustain himself during the course of this litigation and will require alimony pendent elite, expenses, and costs in order to do so. 8. Defendant/Petitioner requires reasonable alimony to adequately maintain himself in accordance with the standard of living established during the marriage. 9. Plaintiff/Respondent has adequate earnings and income and resources to provide for the Defendant's/Petitioner's support, alimony pendent elite, and to pay his counsel fees, costs and expenses. WHEREFORE, Defendant/Petitioner, Timothy S. Everett, respectfully requests the Court to: (1) enter an award of Alimony Pendente Lite, interim counsel fees, costs and expenses, until final hearing and thereupon award such additional counsel fees, costs and expenses as deemed appropriate and (2) enter an award of alimony in his favor. Dated: C 0 Respectfully submitted, COYNE & COYNE, P.C. By: J W. Carter, Esqui 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Pa. S. Ct. No. 202849 Attorney for Defendant VERIFICATION I, TIMOTHY S. EVERETT, certify that the statements made in the foregoing document are true and correct to the best of my knowledge, information, and belief and that this verification is subject to the penalties of 18 Pa. C.S. Section 4904, relating to unworn falsification to authorities. Date 1 0 7 TIMTHY S. EVERETT CERTIFICATE OF SERVICE I, John W. Carter, Esquire, of Coyne & Coyne, P.C., hereby certify that true copy of the foregoing Petition was served this date upon the below-referenced individuals at the below listed address by way of first class mail, postage pre-paid: James G. Nealon, Esquire 2411 N. Front St. Harrisburg, PA 17110 Dated: IZ O? tJo&IW Carter, Esquu 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Pa. S. Ct. No. 202849 Attorney for Defendant j N 3 V/ MACRINA P. EVERETT, THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 08-4563 CIVIL TERM TIMOTHY S. EVERETT, IN DIVORCE Defendant/Petitioner : PACSES NO: 900110372 ORDER OF COURT AND NOW, this 2nd 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 October_ 27, 2008 at 1.30 P.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.110 (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you. If you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. Copies mailed to: Petitioner Respondent John W. Carter, Esq. James G. Nealon, Esq. Date of Order: October 2. 2008 BY THE COURT, Edgar B. Bayley, President Judge 4Shday, onference Officer YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 r?.? t? _ :_ h r-°' " = 1 ?,, ?: c°r:> .r? - ?- _? - ? s ff ? "s - - . ; t`w7 _ r--' ^'±'? ..?.. #_ ...?. ? ; Z MACRINA P. EVERETT, Plaintiff/Respondent VS. TIMOTHY S. EVERETT, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 08-4563 CIVIL TERM IN DIVORCE PACSES Case No: 900110372 ORDER OF COURT AND NOW, this 27th day of October 2008, based upon the Court's determination that the Petitioner's monthly net income/earning capacity is $ 2,202.64 and the Respondent's monthly net income/earning capacity is $ 3,339.91, it is hereby ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit Five Hundred Fifty-nine and 00/100 Dollars ($ 559.00) per month payable weekly as follows: $ 559.00 per month for Alimony Pendente Lite and $ 0.00 per month on arrears. First payment due: in accordance with Respondent's pay schedule in the amount of $ 279.50 semi-monthly. The effective date of the order is September 18, 2008. Arrears set at $ 797.92 as of October 27, 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: Timothy S. Everett. 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 1 ? This Order considers an additional sum if $104.00 per month for mortgage contribution. This Order shall become final twenty (20) after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Prothonotary for a hearing de novo before the Court. Consented: Petitioner Respondent Petitioner's Attorney Respondent's Attorney Mailed copies on: October 28, 2008 to: Petitioner Respondent John W. Carter, Esq. James G. Nealon, Esq. BY THE COURT, Q WW04?9 Edgar B. Bayley, J. DRO: R.J. Shadday ?__' ? G3 ? -n ?r .,.,,`1 t.,? ? ? ?? i _ ? ? W " ~{"(' 4,x* .. :.. ..... J ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT 08-4563 CIVIL OOriginal Order/Notice State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND OAmended Order/Notice Date of Order/Notice 10/27/08 OTerminate Order/Notice Case Number (See Addendum for case summary) OOne-Time Lump Sum/Notice Employer/Withholder's Federal EIN Number SACUNAS STOESSEL 835 SIR THOMAS CT HARRISBURG PA 17109-4839 585-65-6346 Employee/Obligor's Social Security Number 3290102042 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 0.00 per month in current child support $ o. oo per month in past-due child support Arrears 12 weeks or greater? Oyes ® no $ 0.00 per month in current medical support $ 0.00 per month in past-due medical support $ 559.00 per month in current spousal support $ o . oo per month in past-due spousal support $ o.00 per month for genetic test costs $ o . oo per month in other (specify) $ one-time lump sum payment for a total of $ 559.00 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: $ 129.00 per weekly pay period. $ 279.50 per semimonthly pay period (twice a month) $ 258.00 per biweekly pay period (every two weeks) $ 559.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If required by Pennsylvania law (23 PA C.S. § 4374(b)) to remit by electronic payment method, please call Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA HIPS 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 SEC MBER ININORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: G C T 2 8 2008 DRO: R. J. SHADDAY Service Type M OMB No.: 0970-0154 RE:EVERETT, MACRINA P. Employee/Obligor's Name (Last, First, MI) EDGAR B. BAYLEY, Form EN-028 Rev. 4 Worker ID $IATT 559• x 12•: 52•~ * 129'0 559• x 1 2 ' '•' 26•w 258• }()* ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS If heck you are required to provide a opy of this form to your m loyee. If yo r employee works in a state that is diferent from the state that issued this or?er, a copy must be provi?edpto your emproyee 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. 2516399470 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : 0 THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: E] EMPLOYEE'S/OBLIGOR'S NAME:EVERETT EMPLOYEE'S CASE IDENTIFIER: 3290102042 LAST KNOWN HOME ADDRESS: DATE OF SEPARATION: LAST KNOWN PHONE NUMBER: FINAL PAYMENT AMOUNT- NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) (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: If you or your employee/obligor have any questions, DOMESTIC RELATIONS SECTION contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST by telephone at (717) 240-6225 or P.O. BOX 320 by FAX at (717) 240-6248 or CARLISLE PA 17013 by Internet www.childsupport.state.pa.us Service Type M MACRINA P. Page 2 of 2 OMB No.: 0970-0154 Form EN-028 Rev. 4 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: EVERETT, MACRINA P. PACSES Case Number 900110372 Plaintiff Name TIMOTHY S. EVERETT Docket Attachment Amount 08-4563 CIVIL$ 559.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB 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 ? ' • - c.?z f?7 _ c:,a 1 CD r COYNE & COYNE, P.C. John W. Carter, Esquire Pa. Supreme Ct. No. 202849 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Attorney for Defendant MACRINA P. EVERETT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 08-4563 CIVIL TERM TIMOTHY S. EVERETT, Defendant : ACTION IN DIVORCE MOTION TO COMPEL DISCOVERY TO THE HONORABLE JUDGES OF SAID COURT: AND NOW COMES the Defendant, Timothy S. Everett, by and through his attorney, John W. Carter, Esquire, and moves this Honorable Court to grant his Motion to Compel Discovery and, in support thereof, respectfully represents the following: 1. On September 12, 2008, the Defendant's Counsel served Defendant's First Set of Interrogatories and Request for Production of Documents on Plaintiff's Counsel. 2. No objections or protective orders where sought by Plaintiff concerning the discovery propounded upon Plaintiff. 3. On October 16, 2008, Defendant's Counsel sent a letter to Plaintiff's Counsel that the response to the Discovery request was overdue and requested opposing counsel to immediately provide the requested Discovery. (Exhibit A). 4. On October 30, 2008, Defendant's Counsel sent another letter to Plaintiff's Counsel that the Discovery Request was overdue and requested opposing counsel immediately provide the requested Discovery. (Exhibit B). 5. On October 31, 2008, Plaintiff's Counsel provided the Response to Defendant's Request for Production of Documents but did not provide the Answer to Interrogatories. (Exhibit C). 5. As of the date of this Motion, Plaintiff has not provided Answers to Interrogatories propounded upon her as requested in Defendant's discovery requests. 6. Without all of the required discovery materials, Defendant cannot adequately prepare for trial. 7. Defendant is financially disadvantaged in comparison to Plaintiff whose salary is approximately $1137 net per month more than Defendant's. 8. Defendant through counsel has attempted to resolve the discovery dispute short of filing this motion and the associated expenses caused to Defendant due to the Plaintiff's failure to completely comply with the discovery requests and the various extensions provided to Plaintiff. 9. The undersigned counsel has attempted to confer with opposing counsel via written correspondence; however, opposing counsel has not been responsive as it pertains to the Answers to Interrogatories and therefore, in accordance with the local rules of this court, it is believed that opposing counsel opposes the relief sought in this motion. 10. No judge has previously been assigned to this case. WHEREFORE, for all of the foregoing reasons, the Defendant respectfully requests that this Honorable Court order the Plaintiff and Plaintiff's Counsel to (1) immediately provide the discovery materials requested in Plaintiff's discovery request and (2) to award Defendant reasonable attorney fees incurred by Defendant in pursuing this Motion to Compel and which would not have been incurred if Plaintiff had complied with the reasonable discovery requests, and (3) all other relief deemed appropriate by this Honorable Court. Respectfully submitted: Dated: ll,,,,--21 d COYNE & COYNE, P.C. By: 1, - (2? Jo W. Carter, Esquire Pa. S. Ct. No. 202849 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Attorney for Defendant CERTIFICATE OF SERVICE I, John W. Carter, Esquire, of Coyne & Coyne, P.C., hereby certify that true copy of the foregoing Motion to Compel was served this date upon the below-referenced individuals at the below listed address by way of first class mail, postage pre-paid: James G. Nealon, Esquire 2411 N. Front St. Harrisburg, PA 17110 '21'zz? Dated: p 7a t' John W. Carter, Esquire 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Pa. S. Ct. No. 202849 Attorney for Defendant, COYNE & COYNE A PROFESSIONAL CORPORATION ATTORNEYS AT LAW Henry F. Coyne Lisa Marie Coyne John W. Carter 3901 Market Street Camp Hill, Pennsylvania 17011-4227 717-737-0464 Fax: 717-737-5161 www.coyneandcoyne.com October 16, 2008 James G. Nealon, III, Esquire Nealon Gover & Perry 2411 N. Front Street Harrisburg, PA, 17013 Re: Everett v. Everett Dear Mr. Nealon: I sent Defendant's Request for Production of Documents and First Set of Interrogatories on September 12, 2008. Pa.R.Civ.P. 4006 and 4009.12 require that you provide a response to both requests within 30 days after service. I have not received your responses to these requests as of today and they were due on Monday October 13, 2008. I look forward to receiving answers/reply to these requests JWC Cc: Timothy Everett Very truly yours, COYNE & COYNE, P.C. John W. Carter COYNE & COYNE A PROFESSIONAL CORPORATION ATTORNEYS AT LAN?T Henry F. Coyne 3901 Market Street 717-737-0464 Lisa Marie Coyne Camp Hill, Pennsylvania Fax: 717-737-5161 John W. Carter 17011-4227 www.coyneandcoyne.com October 30, 2008 James G. Nealon, III, Esquire Nealon Gover & Perry 2411 N. Front Street Harrisburg, PA, 17013 Re: Everett v. Everett Dear Mr. Nealon: I sent Defendant's Request for Production of Documents and First Set of Interrogatories on September 12, 2008. Pa.R.Civ.P. 4006 and 4009.12 require that you provide a response to both requests within 30 days after service. I have not received your responses to these requests as of today and they were due on Monday October 13, 2008. I also sent you a letter on October 16, 2008 requesting that you provide the requested Discovery to which you never responded. Please provide the discovery immediately or I will take the appropriate steps under the Rules. Additionally, at the APL conference, you stated that Ms. Everett has a non-compete agreement with her current employer that prevents her from doing any work with her own company. You produced a document at the APL Conference and I request you provide us with a copy of that document. I look forward to receiving answers/reply to these requests. Very truly yours, COYNE & COYNE, P.C. ---------- John W. Carter JWC Cc: Timothy Everett NEALON.G.OVER PERRY MAILING ADDRESS: -'-,P 2411 N. FRONT ST. 101 S. DUKE STREET *NG HARRISBURG, PA 17110 YORK, PA 17403 PH: 717.232.9900 PH: 717.852.7888 ATTORNEYS AT LAW FAx: 717.236.9119 FAx: 717.852.8087 JAMES G. NEALON, III, ESQUIRE JNEALON@NGPLAWFIRM.COM • October 31, 2008 JOHN W. CARTER, ESQUIRE COYNE & COYNE 3901 MARKET STREET CAMP HILL, PA 17011 RE: Everett v. Everett Dear Attorney Carter: Enclosed please find the Response of the Plaintiff to your Request of Production for Documents. I have drafted Answer to Interrogatories and expect to provide them to you shortly. Thank you for your attention to this matter. Very truly yours, 4LON ER &I? ICY JAMES G. NEALON, III JGN/bjn Encs, cc: Ms. Macrina Everett ? f } 1:1Z w MACRINA P. EVERETT, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 08-4563 CIVIL TERM TIMOTHY S. EVERETT, IN DIVORCE Defendant/Petitioner PACSES CASE:900110372 ORDER OF COURT AND NOW to wit, this 25th day of November 2008, it is hereby Ordered that the Respondent shall pay an additional sum of $40.00 per month to liquidate the retroactive arrears. This Order shall become final twenty (20) days after the mailing of the notice of the entry of the order to the parties unless either party files a written demand with the Domestic Relations Section for a hearing de novo before the Court. B V' ' Edgar B. Bayley, DRO: R.J. Shadday xc: Petitioner Respondent John W. Carter, Esq. James G. Nealon, 111, Esq. Service Type: M J. Form OE-001 Worker: 21005 `- ' . ° ? ,? ..3 e... ?. ?" _`i t ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State commonwealth of Pennsylvania- Co./City/Dist. of CUMBERLAND Date of Order/Notice 11/25/08 Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number Go()1\O;12 OOriginal Order/Notice yy,, @Amended Order/Notice ©© O-?ts?0:?-, C\\ M OTerminateOrder/Notice OOne-Time Lump Sum/Notice RE:EVERETT. MACRINA P. Employee/Obligor's Name (Last, First, MI) 585-65-6346 Employee/Obligor's Social Security Number SACUNAS STOESSEL 3290102042 835 SIR THOMAS CT Employee/Obligor's Case Identifier HARRISBURG PA 17109-4839 (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'slobligor's income until further notice even if the Order/Notice is not issued by your State. $ 0.00 $ $ 0.00 0.00 $ 0.00 $ 559.00 $ 40.00 $ 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 for a total of $ 599.00 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: $ 138.23 per weekly pay period. $ 299.50 per semimonthly pay period (twice a month) $___.276 - 46 per biweekly pay period (every two weeks) $ 599.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If required by Pennsylvania law (23 PA C.S. § 4374(b)) to remit by electronic payment method, please call Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obli o ' Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH AIL. BY THE COURT: Form EN-028 Rev. 4 Arrears 12 weeks or greater! Q yes (g) no Service Type M oMBNo.:0970-0154 Worker ID $IATT 599.00 12• 52•= 138.23* 599• X 1 12• 26•- 276-46 t ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS If heckefl you are required to provide a opy of this form to your employee. If your employee orks in a state that is di Brent rrom the state that issued this order, a copy must be provided to your employee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one 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. 2516399470 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : 0 THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 0 EMPLOYEE'S/OBLIGOR'S NAME: EVERETT, MACRINA P. EMPLOYEE'S CASE IDENTIFIER: 3290102042 LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: DATE OF SEPARATION: FINAL PAYMENT AMOUNT: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/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) (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: If you or your employee/obligor have any questions, DOMESTIC RELATIONS SECTION contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST by telephone at (717) 240-6225 or P.O. BOX 320 by FAX at (717) 240-6248 or CARLISLE PA 17013 by Internet www.childsupport.state.pa.us Service Type M Page 2 of 2 OMB No.: 0970-0154 Form EN-028 Rev. 4 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: EVERETT, MACRINA P. PACSES Case Number 900110372 Plaintiff Name TIMOTHY S. EVERETT Docket Attachment Amount 08-4563 CIVIL$ 599.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Service Type M PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Addendum OMB No.: 0970-0154 Form EN-028 Rev. 4 Worker ID $IATT :m ?., - z ? _ __ , ,?; ?.r,? ...:x -?? . .? __._. ? } .,r ,. - _ '_? NOV 1 5 [008 6 COYNE & COYNE, P.C. John W. Carter, Esquire Pa. Supreme Ct. No. 202849 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Attorney for Defendant MACRINA P. EVERETT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 08-4563 CIVIL TERM TIMOTHY S. EVERETT, Defendant : ACTION IN DIVORCE ORDER OF COURT AND NOW, this e;k? day of N , 2008, upon consideration of Defendant's Motion to Compel Discovery, a hearing is scheduled for the a day of Nr!?'? , 2007 at o'clock P.m. in Courtroom No. of the Cumberland County Courthouse, Carlisle, Pennsylvania. BY COUR , J. C£ James G. Nealon, Esq. For Plaintiff John W. Carter, Esq. For Defendant //- ;2,c. - 6Y Uat{ n t ja}aL i'.t.'N COYNE & COYNE, P.C. John W. Carter, Esquire Pa. Supreme Ct. No. 202849 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Attorney for Defendant MACRINA P. EVERETT, Plaintiff VS. TIMOTHY S. EVERETT, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-4563 CIVIL TERM ACTION IN DIVORCE PRAECIPE TO WITHDRAW MOTION TO COMPEL DISCOVERY TO THE PROTHONOTARY: AND NOW COMES the Defendant, Timothy S. Everett, by and through his attorney, John W. Carter, Esquire, and withdraws, without prejudice, the previous Motion to Compel Discovery. Respectfully submitted: Dated: COYNE & COYNE, P.C. By: ?' .. John W. Carter, Esquire Pa. S. Ct. No. 202849 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Attorney for Defendant CERTIFICATE OF SERVICE I, John W. Carter, Esquire, of Coyne & Coyne, P.C., hereby certify that true copy of the foregoing Praecipe to Withdraw Motion to Compel was served this date upon the below-referenced individuals at the below listed address by way of first class mail, postage pre-paid: James G. Nealon, Esquire 2411 N. Front St. Harrisburg, PA 17110 Dated: /( 4 (' 0 y John W. Carter, Esquire 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Pa. S. Ct. No. 202849 Attorney for Defendant ,? , ° ` : ,. _ MACRINA P. EVERETT, PLAINTIFF V. TIMOTHY S. EVERETT, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-4563 DIVORCE ACTION PETITION TO TERMINATE ALIMONY PENDENTE LITE AWARD TO DEFENDANT. TIMOTHY S. EVERETT 1. Petitioner is Macrina P. Everett ("Wife"). 2. Respondent is Timothy S. Everett ("Husband"). 3. On July 29, 2008, Wife commenced the above-captioned action by filing a Complaint in Divorce. 4. On or about August 21, 2008, Husband filed an Answer and Counterclaim to the Complaint in Divorce. The Counterclaim sought alimony pendente lite ("APL"). 5. On or about September 18, 2007, Husband filed a Petition with the Domestic Relations Office of the Court of Common Pleas of Cumberland County. The Petition sought APL from Wife. 6. On October 27, 2008, a conference was held following which an Order for APL was issued against Wife, in favor of Husband, in the amount of $559.00 per month. 7. By letter dated November 6, 2008, counsel for Wife requested Counsel for Husband to sign and file an Affidavit of Consent to the divorce so that the divorce master can be appointed. A true and correct copy of the correspondence is attached hereto and incorporated herein by referenced as Exhibit "A." 8. Husband has refused to sign an Affidavit of Consent. 9. The Superior Court has stated: As we have often stated the purpose of alimony pendente lite is to enable the dependent spouse to maintain of defend the principle action in divorce. It is intended to cover only the period during which the divorce proceeding may, with due diligence, be prosecuted to conclusion. Remick v. Remick, 456 A. 2d 163, 169 (Pa. Super 1983) 10. The Court has authority to terminate an award of APL if the recipient fails to proceed with due diligence and execute the necessary documents to proceed with the divorce. See eg, D'Amico v. D'Amico, 73 Pa.D.&C.4th 1999 (Adams 2005). 11. Wife has responded to all discovery requests. Husband has all necessary information to proceed with the economic claims. 12. Judge Edward Guido previously signed an Order regarding a Motion to Compel Discovery. 13. Counsel for Wife contacted counsel for Husband, who indicated that he does not concur in the Petition. WHEREFORE, Petitioner, Macrina P. Everett, urges This Honorable Court to direct that Husband sign and file an Affidavit of Consent to proceed with the divorce or alternatively order that Husband's alimony pendente lite award be terminated. Respectfu JAMES G. NEALON, III, Esquire NEALON LAW FIRM 2411 N. Front Street Harrisburg, PA 17110 (717) 232-9900 Dated: %Ps/ 7 r NEALON?rOVR? ERRY c ?d?C4c"axis'dYxbs?+iii?:?°7w:?.cc.?.?si.,., i"eti+?lEb -. MAIUNG ADDRESS: NG & P I 2411 N. FRONT ST. 101 S. DUKE STREET HARRISBURG, PA 17110 YORK, PA 17403 __.?-- - PH: 717.232.9900 PH: 717.8S2.7888 ATTORNEYS AT LAW FAx: 717.236.9119 FAx: 717.852.8087 JAMES G. NEALON, III, ESQUIRE JNEALON@NGPLAWFIRM.COM November 6, 2008 VIA FACSIMILE 717-737-5161 JOHN W. CARTER, ESQUIRE COYNE & COYNE 3901 MARKET STREET CAMP HILL, PA 17011 RE. Everett v. Everett Dear Attorney Carter: I received your letter of November 6, 2008. To clarify, at the APL conference, I advised my client to send $560.00, not the full amount of the arrears. This would allow her to be current on the support order. I recall that the conference officer agreed with my figure. The day after the conference, a money order in the amount of $560.00 was sent to PASCDU. My client called the automated line this morning and was advised that it was received on October 29, 2008. 1 would suggest that you have your client contact PASCDU to find out why he has not received the funds. In reviewing the file, the 90 day waiting period will expire on November 17, 2008. Would you please advise me as to whether your client will sign an Affidavit of Consent so that we can move for the appointment of the Divorce Master. As you are aware, APL, unlike spousal support, "is intended to cover only the period in which the divorce proceeding may, with due diligence, be prosecuted to conclusion." Remick v. Remick, 456 A.2d. 163,169 (Pa Super 1983). The Court has authority to terminate an award of APL if the recipient fails to proceed with due diligence and execute the necessary documents to proceed with the divorce. See e.g. D'Amico v. D'Amico 73 Pa. D&C 4t 1999 (Adams 2005). Since you have raised a petition for related claims, the divorce cannot be finalized. However, by executing an Affidavit of Consent, we will be able to move for the appointment of the Divorce Master. Alternatively, if you would like to discuss an amicable resolution of the matter, please advise. Otherwise, I would ask that you have your client execute and file an Affidavit of Consent. If he does not do so or I do not hear John W. Carter, Esquire Page 2 November 6, 2008 from you regarding a proposed amicable resolution, I will file a petition to terminate the APL after the expiration of the 90 day waiting period. I look forward to hearing from you promptly. Thank you for your attention to this matter. Very truly yours, NEALO & PERRY JAMES G. NEALON, III JGN/bjn cc: Ms. Macrina Everett VERIFICATION I, MACRINA P. EVERETT, verify that the statements made in the foregoing Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. MAC . EV ET Dated: CERTIFICATE OF SERVICE AND NOW, this _J day of, January, 2009, I hereby certify that I have served the foregoing Petition to Terminate Alimony Pendente Lite on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: JOHN W. CARTER, ESQUIRE COYNE & COYNE 3901 MARKET STREET CAMP HILL, PA 17011 James G. Nealon, III `I .?4 cs ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT 08-4563 CIVIL State Commonwealth of Pennsylvania OOriginal Order/Notice Co./City/Dist. of CUMBERLAND OAmended Order/Notice Date of Order/Notice 01/22/09 OTerminate Order/Notice Case Number (See Addendum for case summary) (Done-Time Lump Sum/Notice Employer/Withholder's Federal EIN Number SACUNAS STOESSEL 835 SIR THOMAS CT HARRISBURG PA 17109-4839 585-65-6346 Employee/Obligor's Social Security Number 3290102042 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 0.00 $ $ 0.00 0.00 $ 0.00 $ 559.00 $ 0.00 $ 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) Arrears 12 weeks or greater? O yes ® no one-time lump sum payment for a total of $ 559.00 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: $ 129.00 per weekly pay period. $ 279.50 per semimonthly pay period (twice a month) $ 258.00 per biweekly pay period (every two weeks) $ 559.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If required by Pennsylvania law (23 PA C.S. § 4374(b)) to remit by electronic payment method, please call Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SF AMr1\VUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: DRO: R.J. Shadday Service Type M OMB No.: 0970.0154 RE:EVERETT, MACRINA P. Employee/Obligor's Name (Last, First, MI) Edgar B. Bayley, Form Er4--028 Rev. 4 Worker I D $ IATT 559• x i2«. 52.M 29.00 559•x 12-- 26. r 25g`oo ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS If 4heckesi you are required, to provide gopy of this form to your m loyee. If your employee t orks in a state that is di Brent from the state that issued this o er, a copy must be provic?edpto your employee even if t e 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 employeelobligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 2516399470 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : 0 THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 0 EMPLOYEE'S/OBLIGOR'S NAME: EVERETT, MACRINA P. EMPLOYEE'S CASE IDENTIFIER: 3290102042 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 employeetobligor'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: 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 I D $ IATT ' r ADDENDUM Summary of Cases on Attachment Defendant/Obligor: EVERETT, MACRINA P. PACSES Case Number 900110372 PACSES Case Number Plaintiff Name Plaintiff Name TIMOTHY S. EVERETT Docket Attachment Amount Docket Attachment Amount 08-4563 CIVIL$ 559.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB Service Type M Addendum OMB No.: 0970-0154 Form EN-028 Rev. 4 Worker ID $IATT r" ? `= ,..?t r "'" -'?'r ? -. , ,?. ?. 3 ;? :.. ?'S MACRINA P. EVERETT, PLAINTIFF V. TIMOTHY S. EVERETT, DEFENDANT .JAN 2 2 2009 : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-4563 DIVORCE ACTION RULE TO SHOW CAUSE AND NOW, this ? daY of Nnn? ?- , 2009 upon consideration of the Petition of, Plaintiff, Macrina P. Everett to Terminate Alimony Pendente Lite Award to, Defendant, Timothy S. Everett, a Rule is hereby issued upon the Defendant to show cause, if any, why the requested relief should not be granted. Rule returnable to day after service. By ;urt: istribution: Zohn W. Carter, Esquire 3901 Market Street Camp Hill, PA 17011 ?Aames G. Nealon, 1112411 North Front Street Harrisburg, PA 17110 041 1?-s PyiatLL J. ie1 9C .9 H LZ IVP 69OZ ^7nf?^!?.^`i?J la.? 4 COYNE & COYNE, P.C. John W. Carter, Esquire Pa. Supreme Ct. No. 202849 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Attorney for Defendant MACRINA P. EVERETT, Plaintiff VS. TIMOTHY S. EVERETT, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-4563 CIVIL TERM ACTION IN DIVORCE DEFENDANT'S ANSWER AND NEW MATTER TO PLAINTIFF'S PETITION TO TERMINATE ALIMONY PENDENTE LITE TO THE HONORABLE, EDWARD E. GUIDO, JUDGE: AND NOW comes the Defendant TIMOTHY S. EVERETT who, by and through his attorneys, John W. Carter, Esquire, and files this Answer and New Matter to Plaintiffs Petition to Terminate Alimony Pendente Lite and avers the following: 1. ADMITTED. 2. ADMITTED. 3. ADMITTED 4. ADMITTED. It is admitted that Defendant filed an Answer and Counterclaims to the I Divorce Complaint raising a counterclaim for alimony pendente elite. By way of further answer, in addition to the counterclaim count for alimony pendente lite, Defendant also counterclaimed for Equitable Distribution, Alimony, Support, Attorney's Fees, and Expenses and Costs. 5. ADMITTED. It is admitted that Defendant filed a Petition for APL, Husband also petitioned for Counsel Fees, Costs and Expenses. 6. ADMITTED. 7. ADMITTED. 8. ADMITTED. By way of further response, Defendant did not seek a divorce for this lengthy, thirteen (13) year marriage and remains the financially disadvantaged spouse. 9. DENIED. The averments contained in Paragraph 9 are argument and conclusions of law to which no response is required and they are specifically denied. 10. DENIED. The averments contained in Paragraph 10 are argument and conclusions of law to which no response is required and they are specifically denied. 11. ADMITTED IN PART AND DENIED IN PART. It is admitted that Plaintiff has finally answered initial discovery requests. It is denied that defendant has all necessary and current information to proceed with economic claims in this lengthy marriage 12. ADMITTED. 13. ADMITTED. WHEREFORE, Defendant fully requests that the Petition filed by Plaintiff be denied and that Plaintiff be directed to pay Defendant's reasonable attorney fees incurred as a result of the frivolous and vexatious Petition filed by Plaintiff and his counsel. 2 NEW MATTER 14. Paragraphs 1 through 13, supra, are incorporated herein by reference. 15. On or about July 24, 2008, Plaintiff abandoned the marital residence, withdrew all of the marital savings from the parties' joint savings accounts, and then filed a frivolous Protection from Abuse Petition on July 24, 2008. 16. Defendant filed an answer denying the Protection from Abuse and defended against the PFA during a hearing before the Honorable J. Wesley Oler of this Court held on August 4, 2008. 17. Defendant testified in his own defense during the PFA proceedings following which, Plaintiff's request for a PFA was denied by Judge Oler. 18. Shortly after Plaintiff withdrew all of the marital savings and filed for a PFA, Plaintiff also filed for a Complaint in Divorce. 19. Plaintiff was represented free of charge by Mid-Penn Legal Services during the entire PFA proceedings even though Plaintiff was employed full-time and earning over Fifty-Thousand Dollars ($50,000) a year as a Art Director and Design Manager; however, Defendant, on the other hand, incurred significant expenses and attorney fees in order to successfully defend against the frivolous and false abuse charges alleged by Plaintiff. 20. Defendant has been the financially dependant spouse throughout the marriage. 21. Due to Plaintiff's false allegations made per the PFA proceedings, Defendant lost his position as a pastor which was a source of income and benefits during the marriage. 22. Once Plaintiff abandoned the marital home, Plaintiff failed to provide any support to maintain the marital residence until Defendant filed a request for Alimony Pendente Lite. 23. After Plaintiff abandoned the marital home, Defendant was forced to obtain part-time employment in addition to his 40 to 50 hour a week employment with Hershey Gardens as a laborer 3 because Plaintiff withdrew all of the marital savings and Defendant was without the financial resources to defend against the false allegations raised in the PFA, defend the Divorce Complaint, obtain legal representation to defend both actions, and at the same time make mortgage payments so that the marital home would not go into foreclosure. 24. On October 27, 2008, following the APL hearing, President Judge Bayley issued an Order of Court awarding Alimony Pendente Lite 25. Plaintiff did not appeal the award of APL. 26. President Judge Bayley then signed an additional Order of Court directing the Plaintiff to pay an additional sum of $40.00 per month Alimony Pendente Lite to liquidate retroactive arrears of APL due the Defendant. 27. When Plaintiff abandoned the marital home in July 2008, in addition to taking all of the marital savings, Plaintiff also took all of the financial and investment documents and files, copies of tax returns and tax documents, as well as the family computer which contained all financial and investment information for the marriage. 28. As a result of Plaintiff's actions regarding all financial information concerning the parties, Defendant incurred additional attorney fees necessitated by Defendant's counsel to seek formal discovery issued on September 12, 2008. 29. Plaintiff, however, was unresponsive to the formal discovery requests and Defendant had to incur additional attorney fees per the filing of a Motion to Compel when Plaintiff was unresponsive to Defendant's counsel's request for discovery responses of October 16 and October 30, 2008. 30. It was not until the Motion to Compel was filed that Plaintiff finally provided initial responses to the formal discovery on or about November 25, 2008 and which are being analyzed and investigated at this time. 4 31. Plaintiff has not provided to Defendant current financial information as required by the on- oin discovery requests propounded upon Plaintiff. 32. Defendant remains the financially dependant spouse and has most recently been laid-off from his employment with Hershey Gardens and has requested additional work at his previous part time job. 33. Defendant remains financially dependant and the parties have not been separated for two years and are not statutorily eligible, absent consent, to a divorce decree. 34. Plaintiff's Counsel, per the Certificate of Service attached to Plaintiff's Petition to Terminate Alimony Pendente Lite, erroneously certified to the Court that he served upon Defendant's Counsel a copy of the Petition to Terminate on January 15, 2009; however, the undersigned Counsel was never served a copy of the Petition until two weeks later, on January 29, 2009 when the undersigned counsel received the Rule to Show Cause issued by Judge Guido along with a copy of the Petition to Terminate APL. 35. Plaintiff's actions throughout these proceedings amount to harassment and dilatory, obdurate and vexatious conduct upon the financially dependant spouse in this lengthy marriage. 36. Plaintiff's wrongful conduct in commencing this Petition to Terminate necessitates Defendant to incur additional significant legal costs and expenses and attorney fees to answer and defend against this frivolous filing. 37. Plaintiff's conduct is in violation of 42 Pa. C. S. 2503(6), (7) and (9) which clarifies the rights of participants to receive counsel fees as a sanction against the other party for dilatory, obdurate or vexatious conduct during the pendency of a matter or because the conduct of the other party in commencing the matter was arbitrary, vexatious or in bad faith. 5 38. Defendant requests that Plaintiff pay Defendant's reasonable counsel fees and other costs and litigation expenses incurred to defend against the frivolous actions by the Plaintiff. WHEREFORE, Defendant requests the Court to dismiss with prejudice Plaintiff's Petition to Terminate Alimony Pendente Lite Award and to award Defendant reasonable attorney fees, other legal costs and other appropriate relief as may be appropriate. Respectfully submitted: Dated: 0 COYNE & COYNE, P.C. By: ?- John W. Carter, Esquire Pa. S. Ct. No. 202849 3901 Market Street Camp Hill, PA 17011-4227 Attorney for Defendant 6 CERTIFICATE OF SERVICE I, John W. Carter, Esquire, of Coyne & Coyne, P.C., hereby certify that true copy of the foregoing Answer to Rule to Show Cause and New Matter was served this date upon the below- referenced individuals at the below listed address by way of first class mail, postage pre-paid: James G. Nealon, Esquire 2411 N. Front St. Harrisburg, PA 17110 Dated: John W. Carter, Esquire 3901 Market Street Camp Hill, PA 170114227 (717) 737-0464 Pa. S. Ct. No. 202849 Attorney for Defendant 7 VERIFICATION I, TIMOTHY S. EVERETT, certify that the statements made in the foregoing document are true and correct to the best of my knowledge, information, and belief and that this verification is subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date 5 TIMOTHY S. EVERETT r.? -;';'' rn rn 27 MACRINA P. EVERETT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. TIMOTHY S. EVERETT : NO. 2008 - 4563 CIVIL TERM ORDER OF COURT AND NOW, this 18TH day of FEBRUARY, 2009, a hearing on Plaintiff's Petition to Terminate APL is scheduled for TUESDAY, MARCH 24, 2009, at 9:30 a.m. in Courtroom # 3 of the Cumberland County Courthouse, Carlisle, Pa. 17013. James ZG. Nealon, Esquire For the Plaintiff "Jo W. Carter, Esquire For the Defendant :sld C6Pc Es macLL Edward E. Guido, J. SO :C WJ 81933 60OZ Advi MACRINA P. EVERETT, PLAINTIFF : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-4563- CV DIVORCE ACTION TIMOTHY S. EVERETT, PACSES Case No.: 900110372 DEFENDANT PETITION TO MODIFY EXISTING SUPPORT ORDER 1. Petitioner is Macrina P. Everett ("Wife"). 2. Respondent is Timothy S. Everett ("Husband"). 3. On October 27, 2008, This Honorable Court issued an Order for Alimony Pendente Lite in the amount of $559.00 per month. A true and correct copy of the Order is attached hereto and incorporated herein by reference as Exhibit "A". 4. The Order should be modified to remove the mortgage deviation as the marital residence has been sold. WHEREFORE, Petitioner, Macrina P. Everett, urges This Honorable Court to modify the existing Support Order by removing the mortgage deviation. Respectfully,, "Oed, JAMES G. NEALON, III, Esquire NEALON LAW FIRM 2411 N. Front Street Harrisburg, PA 17110 (717) 232-9900 Dated: 3//?>q MACRINA P. EVERETT, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 08-4563 CIVIL TERM TIMOTHY S. EVERETT, IN DIVORCE Defendant/Petitioner PACSES Case No: 900110372 ORDER OF COURT AND NOW, this 27th day of October 2008, based upon the Court's determination that the Petitioner's monthly net income/earning capacity is $ 2,202.64 and the Respondent's monthly net income/earning capacity is $ 3,339.91, it is hereby ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit Five Hundred Fifty-nine and 00/100 Dollars ($ 559.00) per month payable weekly as follows: $ 559.00 per month for Alimony Pendente Lite and $ 0.00 per month on arrears. First payment due: in accordance with Respondent's pay schedule in the amount of $ 279.50 semi-monthly. The effective date of the order is September 18, 2008. Arrears set at $ 797.92 as of October 27, 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. made by check or money order and mailed to: y us e All checks and money orders must be made payable to PA SCDU 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. Said money to be turned over by the PA SCDU to: Timothy S. Everett Pa ments m t b cc360 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION PACSES Case Number: 900110372 Docket Number: 08-4563 CIVIL Other State ID Number: Please note: All correspondence must include the PACSES Case Number. OCTOBER 27, 2008 SUMMARY OF TRIER OF FACT Plaintiff Information Defendant Information TIMOTHY S. EVERETT MACRINA P. EVERETT Address: Address: Employer: Employer: Attorney: Attorney: JOHN W. CARTER, ESQ. JAMES G. NEALON III, ESQ. ? Complaint for Support ? Petition for Modification Filed ? Other Reason for Conference: HUSBAND REQUESTED AN APL CONFERENCE ON 9/18/08. Dependent(s) Current Order: $ n n n / per month NEW ACTION Form CM-022 Rev.3 EVERETT V. EVERETT PACSES Case Number: 900110372 Other Information (continued): WIFE IS A AN ART DIRECTOR & MGR OF THE DESIGN STUDIO FOR 3 YRS IS A MARKETING & ADVERTISING AGENCY. SHE HAS HER OWN DESIGN BUSINESS THREE PEARS DESIGN, HOWEVER, SHE HAS A NO COMPETE CLAUSE W/ HER CURRENT EMPLOYER Facts Agreed Upon: Facts in Dispute and Contentions with Respect to Facts in Dispute: HUSBAND SHOULD NOT BE ASSESSED WITH HIS PART TIME WAGES HUSBAND'S OVERTIME SHOULD BE INCLUDED. Guideline Amount: $ 454.63 / MONTH DRS Recommended Amountf'$ 559.00 / MONTH DRS Recommended Order Effective Date: 09/18/08 Parties to be Covered by Recommended Order Amount: WIFE Guideline Deviation: ® YES or ONO Reason for Deviation: AN ADDITIONAL SUM OF $104.00/M IS ADDED FOR MORTGAGE CONTRIBUTION Submitted by: R. J. SHADDAY Date Prepared: OCTOBER 27, 2008 Page 3 of 3 Form CM-022 Rev.3 Service Type M Worker ID 21005 1 1 CERTIFICATE OF SERVICE AND NOW, this Z? 174 day of, March, 2009, I hereby certify that I have served fY the foregoing Petition to Modify the Support Order on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: JOHN W. CARTER, ESQUIRE COYNE & COYNE 3901 MARKET STREET CAMP HILL, PA 17011 James G. Nealon, III F :ice Q MACRINA P. EVERETT, THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 08-4563 CIVIL TERM TIMOTHY S. EVERETT, IN DIVORCE Defendant/Respondent : PACSES CASE NO: 900110372 ORDER OF COURT AND NOW, this 6d' day of March, 2009, a petition has been filed against you, Timothy S. Everett, to modify an existing Alimony Pendente Lite Order. You are ordered to appear in person at the Domestic Relations Section, 13 North Hanover Street, Carlisle, Pennsylvania, on April 2, 2009 at 1:30 P.M. for a conference and to remain until dismissed by the Court. If you fail to appear as provided in this Order, an Order of Court may be entered against you. 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 the 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 James G. Nealon, Esq. John W. Carter, Esq. Date of Order: March 6, 2009 44 •, / , Sh j , C /nference Officer YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRE 9T 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 C= ° 0 _ sn c. rr, J MACRINA P. EVERETT, PLAINTIFF V. TIMOTHY S. EVERETT, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-4563 DIVORCE ACTION AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on July 29, 2008. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. n3Imlaoog Date '-'? MAC IN TT, PLAINTIFF ? ?rt ? ? ? y}- ? ? ? _:? . }a. ?y Kv? ?`? MACRINA P. EVERETT, PLAINTIFF V. TIMOTHY S. EVERETT, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-4563 DIVORCE ACTION WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 6 3301(c) AND 6 3301(d) OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. 2. 1 understand' that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. rl-A L) -51 ZQ21 Date MA 1 . EVERETT, PLAINTIFF e: I?o W MACRINA P. EVERETT, : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-4563 TIMOTHY S. EVERETT, : DIVORCE ACTION DEFENDANT ACCEPTANCE OF SERVICE I accept service of the Complaint under Section 3301(c) or Section 3301(d) of the Divorce Code. Dat Jo n W. Carter, Esquire 1 C"? +v q 72 F q .?„' Co MACRINA P. EVERETT, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 084563 CIVIL TERM TIMOTHY S. EVERETT, IN DIVORCE Defendant/Petitioner PACSES CASE: 900110372 ORDER OF COURT AND NOW to wit, this 10th day of March 2009, it is hereby Ordered that the above captioned Alimony Pendente Lite case is terminated, effective March 9, 2009, pursuant to the parties' Marital Settlement Agreement. The account is closed with a credit of $132.48. BY THE OURT: Edgar B. Bayley, J. DRO: R.J. Shadday xc: Petitioner Respondent James G. Nealon, Esq. John W. Carter, Esq. Form OE-001 Service Type: M Worker: 21005 N C3 ;y t ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 03/10/09 Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number SACUNAS STOESSEL 835 SIR THOMAS CT HARRISBURG PA 17109-4839 585-65-6346 Employee/Obligor's Social Security Number 3290102042 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 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 for a total of $ 0.00 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: $ 0. 00 per weekly pay period. $ 0.00 per semimonthly pay period (twice a month) $ 0.00 per biweekly pay period (every two weeks) $ o. 00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If required by Pennsylvania law (23 PA C.S. § 4374(b)) to remit by electronic payment method, please call Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT' E AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCI ECURI Y_AWA48jjL V ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: DRO: R.J. Shadday Service Type M Arrears 12 weeks or greater? O yes Ig no OMB No.: 0970-0154 08-4563 CIVIL OOriginal Order/Notice OAmended Order/Notice OTerminate Order/Notice OOne-Time Lump Sum/Notice RE: EVERETT, MACRINA P. Employee/Obligor's Name (Last, First, MI) Edgar B. Bayley, Judge Form EN-028 Rev. 4 Worker ID $ IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS EJ If shecketl you are required to provide asopy of this form to yowuloyee. If yoyr employee works in a state that is different from the state that issued this or er, a copy must be provi eci to your emp ogee even if the box is not checked 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 25 6399470 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : D THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: D EMPLOYEE'S/OBLIGOR'S NAME: EVERETT, MACRINA P. EMPLOYEE'S CASE IDENTIFIER: 3290102042 LAST KNOWN HOME ADDRESS: DATE OF SEPARATION: LAST KNOWN PHONE NUMBER: FINAL PAYMENT AMOUNT: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employeelobligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) (15 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks : If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION 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 OMSNo.:0970.0154 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: EVERETT, MACRINA P. PACSES Case Number 900110372 Plaintiff Name TIMOTgy g. EVERETT Docket Attachment Amount 08-4563 CIVIL$ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plainti_ ff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): DOB PACSES Case Number Plaintiiff Name Docket Attachment Amount $ o.oo Child(ren)'s Nam, (,I. PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): DOB Service Type M Addendum OMB No, 0970-0154 PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): DOB Form EN-028 Rev. 4 Worker ID $IATT C'? "? p i ti.p 77 ? 't ? -i .? '.?! "r , .? - GJ {..? ? ? ,r'_. ? ?{ .'.-• _? . COYNE & COYNE, P.C. v John W. Carter, Esquire Pa. Supreme Ct. No. 202849 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 AttorneyforDefendant MACRINA P. EVERETT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 084563 CIVIL TERM TIMOTHY S. EVERETT, Defendant : ACTION IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 29, 2008 by the Plaintiff. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities. Date ?3 °S 6 ;7 TIM Y S. EVERETT C`i +v ? ? R' w `rf ??'?' ?,. ? V °t? ? ?j <? G _ ? 1 .ti '? ? ? .?; .? . ? '1 FT'i ? . COYNE & COYNE, E.C. John W. Carter, Esquire Pa. Supreme Ct. No. 202849 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Attorney for Defendant MACRINA P. EVERETT, Plaintiff VS. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 084563 CIVIL TERM TIMOTHY S. EVERETT, Defendant : ACTION IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 6 3301(c) AND 6 3301(d) OF THE DIVORCE CORE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date 3,os/f 7 T OTHY S. EVERETT tt'i MACRINA P. EVERETT, PLAINTIFF V. TIMOTHY S. EVERETT, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-4563 : DIVORCE ACTION MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this -?-- day of March, 2009, by and between MACRINA P. EVERETT (hereinafter called "Wife") and TIMOTHY S. EVERETT (hereinafter called "Husband"). WITNESSETH: WHEREAS, Husband and Wife were married on June 18, 1995; and WHEREAS, the parties hereto desire to fix and determine by this Marital Settlement Agreement the rights and claims that have accrued to each of them in the estate and real and personal property of the other by reason of the marriage, and all economic rights of every kind and description arising from the ma'Irital relationship, including but not limited to present and future rights of inheritance, support, maintenance, alimony, payment of counsel fees and equitable distribution and to accept the provisions of this Agreement in lieu of and in full discharge,' settlement and satisfaction of all such rights and claims. NOW THEREFORE, in consideration of the premises and of the marriage, and in further consideration of the mutual promises and undertakings hereinafter set forth, each intending to be legally bound hereby, the parties agree as follows: 1. SEPARATION. It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place as he or she may from time to time choose or deem fit. The foregoing provisions shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. 2. INTERFERENCE. Each party shall be free from interference, authority and contact by the other, as fully as if he or she were single and unmarried except as may be necessary to carry out the provisions of this Agreement. 3. WIFES DEBTS. Wife represents and warrants to Husband that as of the date of separation she has not incurred, and in the future she will not contract or incur, any debts or liability for which Husband or his estate might be responsible and shall indemnify and save harmless Husband from any and all claims or demands made against him by reason of debts or obligations incurred by her. Any and all loans, and/or debts and charge accounts presently in Wife's name alone, shall be Wife's sole and separate responsibility for payment thereof, and Wife agrees to indemnify and save harmless Husband from any loss he may sustain, including attorney fees, as a result of any default in payment by wife. 4. HUSBAND'S DEBTS. Husband represents and warrants to Wife that as of the date, of separation he has not incurred, and in the future he will not contract or incur, any debts or liability for which Wife or her estate might be responsible and shall indemnify and save harmless Wife from any and all claims or demands made against her by reason of debts or obligations incurred by him. Any and all loans, and/or debts andcharge accounts presently in Husband's name alone shall be Husband's sole and separate responsibility for payment thereof, and Husband agrees to indemnify and save harmless Wife from any loss she may sustain, including attorney fees, as a result of any default in payment by Husband. 5. DIVISION OF PROPERTY. Husband and Wife agree that the following constitutes an equitable distribution of the marital property. A. Husband's Property The following property shall become the sole and exclusive property of the Husband: All right, title and interest in the 1994 Toyota Corollla. Husband shall be solely responsible for all repairs, maintenance, insurance and registration fees for the vehicle. Wife shall turn over the original title of the 1994 Toyota Corolla to Husband at the signing of this Agreement. 2. All right, title and interest in the 2008 Yamaha Motorcycle. Husband shall be solely responsible for all loan payments, repairs, maintenance, insurance and registration fees for the vehicle. 3. All right, title and interest to Husband's M&T Securities IRA, account no. xxxx-5961. 4. All right, title and interest to Husband's interest in the Carefirst, Inc. Retirement Plan. 5. All right, title and interest in any of Husband's checking and savings accounts in his name. B. Wife's Property The following property shall become the sole and exclusive property of Wife; 1. All right, title and interest in the 1999 Honda Civic. Wife shall be solely responsible for all repairs, maintenance, insurance and. registration fees for the vehicle. 2. All right, title and interest in Wife's interest in the Sierra Health Automatic Retirement Plan. 3. All right, title and interest to Wife's Sacunas, Inc., 401(k) Plan. 4. All right, title and interest to Wife's M&T Securities IRA, account no. xxxx-6019. 5. All right, title and interest in any of Wife's checking and savings accounts in her name. C. Other property. The parties agree that they have divided all other separate and marital property to their mutual satisfaction. As of the date of this Agreement, any and all property not specifically addressed herein shall be owned by the party to whom the property is titled, and if untitled, the party in possession. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from one to the other. Each party hereby waives any and all claims to the property of the other that is either titled in the name of the other party or in the other party's possession. 6. INCOME TAX. Prior to tax year 2008, the parties filed joint federal and state tax returns. Both parties agree that in the event of any deficiency in federal, state or local income tax is proposed or any assessment of any such taxes made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment or any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be cause of the misrepresentations or failure to disclose the nature and extent of his or her separate income on the foresaid joint return. The Parties agree that they will file separate tax returns for the 2008 tax year. Each will be entitled to claim 50% of any interest on the mortgage, taxes paid and charitable contributions. 7. ALIMONY/SPOUSAL SUPPORT. Husband is currently receiving $559.00 per month for alimony pendente lite pursuant to an Order of Court dated October 27, 2008. Upon the execution of this Agreemjent, the alimony pendente lite shall be terminated. Any arrears then existing shall be paid at the current support amount. Both parties agree to make no further claim for alimony, alimony pendente lite, spousal support or any claim for separate maintenance now or at any future time, or in connection with the pending divorce action between the parties 8. COUNSEL FEES. Husband and Wife agree to be solely responsible for payment of his or her attorney fees in connection with this Agreement and the pending divorce action between the parties. 9. FINANCIAL DISCLOSURE. The parties have fully disclosed to each other and they are aware of the extent of each other's' income, assets, liabilities, holdings and estates. Husband and Wife confirm that by executing this Agreement each forever waives any future right to set aside said Agreement, or to defend against its enforcement, or any . portion thereof based upon the absence of such a disclosure by the other party, or based upon any claim that it is inequitable, unconscionable or does not make a reasonable provision for one or the other of them. 10. NO-FAULT DIVORCE. Contemporaneously with the execution of this Agreement, both parties agree to execute an Affidavit of Consent and Waiver of Notice of Intention to Request Entry of a Divorce Decree to facilitate entry of a divorce decree pursuant to Section' 3301(c) of the Divorce Code. 11. 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, including attorney fees, for such breach, or seek such remedies or relief as may be available to him or her respectively. 12. ADDITIONAL INSTRUMENTS. Each of the parties shall from time to time, at the request of the other, execute, acknowledge, and deliver to the other party any and all further instruments, including Deeds and other real estate-related documents, titles, pension documents, or other documents that may be reasonably required to give full force and effect to the provisions of this Agreement. 13. VOLUNTARY EXECUTION. The provisions of this Agreement have been read by the Parties. Each party acknowledges that the Agreement is fair and equitable, that full disclosure has been made by each respective part to the other, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. Wife and Husband acknowledge that they have been furnished with all information relating to the financial affairs of the other, which has been requested by them respectively. Both parties acknowledge that they have had the advice and benefit of counsel in entering into this Agreement. 14. WAIVER OF CLAIMS AGAINST ESTATE. Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now 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 martial relationship, including, without limitation, dower, courtesy, statutory allowance, widow's allowance, right to take property against the Will of the other, and the right to act as administrator or executor of the other's estate, and . each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights and claims. 15. INCORPORATION OF AGREEMENT FOR ENFORCgMENT. This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives and assigns. This Agreement shall survive a decree of divorce between the parties in any jurisdiction and any other Order, which may be entered in accordance with this Agreement. In the event that a Decree of Divorce is entered in the Court of Common Pleas of Cumberland, Pennsylvania or in the event that a Decree of Divorce is entered in any other jurisdiction, the parties agree to incorporate this Agreement in the Divorce Decree for purposes of enforcement. It is the specific intent of the parties to be bound by the provisions hereof in lieu of any other claim or order of support, maintenance, alimony, equitable distribution, counsel fees, costs, maintenance of insurance, equitable relief or property settlement or with regard to any other provisions hereof. In the event that any final order of court is entered in any jurisdiction with respect to the partis hereto which is contrary to the provision hereof, then the rights and responsibilities of each of the parties hereto shall be relieved or adjusted to the extent necessary to conform to this Agreement. 16. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertaking other than those expressly set forth herein. 17. MODIFICATIONS AND WAIVER. A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement, shall not be construed as a waiver or any subsequent default of the same or similar nature. 18. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligation of the parties. 19. IRREVOCABILITY. It is understood and agreed to by and between the respective parties hereto that the property division-distribution effected by the herein Agreement is IRREVOCABLE and that such division- distribution shall not be affected by any future change in circumstances of the respective parties OR by other statutory or judicial alternatives which may be available to the respective parties under prior, current or future laws of the Commonwealth of Pennsylvania or any other jurisdiction. Except as provided herein, the parties hereby waive any respective rights to financial support and/or alimony and/or pension or future expectancies each may respectively have under prior, current or future laws or case decisions. IN WITNESS WHE? F, the parties have hereunto set their hands and seals the day and year first above en. Witness MACRI0Af3k-gtRETT_ Witness TI THY S. EVERETT ,?; ' n < ..? ...? -??: -'? - ~t't +-?n __ ?. ??ll .w: MACRINA P. EVERETT, PLAINTIFF V. TIMOTHY S. EVERETT, DEFENDANT Notice is hereby given that the Plaintiff, Macrina P. Everett, in the above referenced matter: _X prior to the entry of a Final Decree in Divorce, or after the entry of a Final Decree in Divorce dated hereby elects to resume the prior sumame of Macrina P. Loy, and gives : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-4563 : DIVORCE ACTION this written notices avowing her intention pursuant to the provisions of 54P.S. 704. Dated: 03 ec Z? COMMONWEALTH OF PENNSYLVANIA COUNTY OF a? k , Signature Signature of n resumed SS On the I 0'-'? day of a r-c-k , 2009, before me the Prothonotary or a Notary Public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that she executed the foregoing for the purpose therein contained. In witness whereof, I have hereunto set my hand and Official seal. Prothonotary or Notary biic CONS R E,u.TM OF pENNSMMA Notarial Saar Barbary J. NW m Notary RUC Cay Of hHwdsh , D8WW DmffV W EVkw Der- 21.2011 Member Pen6sylva rds Ass=Wm of NOW" t`a ?- ? 7 ??- ?n v ? .,? .? .? ? ? .? ?? ?, ? ?' = ?' o.. s ?? I MACRINA P. EVERETT, PLAINTIFF V. TIMOTHY S. EVERETT, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-4563 DIVORCE ACTION PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of divorce decree: 1. Ground for divorce: irretrievable breakdown under § (3301(c)) of the Divorce Code. 2. Date and manner of service of the complaint: Acceptance of Service on August 20, 2008. 3. Date of execution of the Affidavit of Consent required by § 3301(c) of the Divorce Code: by Plaintiff. March 3, 2009; by Defendant, March 9, 2009. 4. Related claims pending: None. All claims resolved by marital settlement agreement dated March 9, 2009 5. Date plaintiffs Waiver of Notice was filed with the Prothonotary: March 9, 2009. Date defendant's Waiver of Notice was filed with the Prothonotary: March 20, 2009. Respectfully submitt d, NEALON LAW `F , By: James G. Nealon, III, Esquire Attorney for the Plaintiff Attorney I.D. #46457 2411 North Front Street Harrisburg, PA 17110 (717) 232-9900 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MACRINA P. EVERETT V. TIMOTHY S. EVERETT NO. 08-4563 CIVIL TERM - DIVORCE ACTION DIVORCE DECREE n C?g3k a .,NI . AND NOW, t-?13it is ordered and decreed that MACRINA P. EVERETT plaintiff, and TIMOTHY S. EVERETT 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.") NONE By OUrt, Attest: J. '' rothonotary ,?,?}?