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HomeMy WebLinkAbout08-5475VANESSA BAHN, Plaintiff V. PAUL A. BARN, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 08 - f 5q,7,5 Ciyi fl w? : CIVIL ACTION -LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case 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. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the office of the Prothonotary at the Cumberland County Courthouse, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA Telephone: (717) 249-3166 MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff VANESSA BAHN, V. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. b S '?f 1 S ; J+ I PAUL A. BARN, JR., Defendant CIVIL ACTION -LAW IN DIVORCE COMPLAINT UNDER SECTION 3301(c) or 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Vanessa Bahn, who has resided at 104 Windrush Lane, Mechanicsburg, Cumberland County, Pennsylvania, for the last eight (8) months. 2. Defendant is Paul A. Bahn, Jr., who has resided at 104 Windrush Lane, Mechanicsburg, Cumberland County, Pennsylvania, for the last eight (8) months. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on June 20, 1971, in Dillsburg, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Neither of the parties in this action is presently a member of the Armed Forces. 7. Plaintiff and Defendant are both citizens of the United States. 8. Plaintiff has been advised of the availability of marriage counseling and that she may have the right to request the Court to require the parties to participate in such counseling. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a divorce decree being handed down by the Court. 9. Plaintiff avers that there are no children of the parties under the age of eighteen (18). COUNT I - GROUNDS FOR DIVORCE 10. Paragraphs 1 through 9 of this Complaint are incorporated herein as if set forth at length. 11. Plaintiff avers that the grounds on which the action is based are as follows: a. That Defendant has offered such indignities to Plaintiff, the injured and innocent spouse, so as to make Plaintiffs condition burdensome and life intolerable; b. The marriage is irretrievably broken; 12. The parties separated on or about September 6, 2008. 13. At the appropriate time, Plaintiff will submit an affidavit alleging that the parties have lived separate and apart for a period of at least two years. COUNT II - EQUITABLE DISTRIBUTION 14. Paragraphs 1 through 13 of this Complaint are incorporated herein as if set forth at length. 15. During the marriage, Plaintiff and Defendant have acquired various items of marital property, both real and personal, which are subject to equitable distribution under Chapter 35 of the Divorce Code. COUNT III - ALIMONY 16. Paragraphs 1 through 15 of this Complaint are incorporated herein as if set forth at length. 17. Plaintiff lacks sufficient property to provide for her reasonable needs. 18. Plaintiff is unable to sufficiently support herself through appropriate employment. 19. Defendant has sufficient income and assets to provide continuing support for Plaintiff. COUNT IV - ALIMONY PENDENTE LITE, COUNSEL FEES COSTS & EXPENSES 20. Paragraphs 1 through 19 of this Complaint are incorporated herein as if set forth at length. 21. By reason of this action, Plaintiff will be put to considerable expense in the preparation of her case in the employment of counsel and the payment of costs. 22. Plaintiff is without sufficient funds to support herself and to meet the costs and expenses of this litigation and is unable to appropriately maintain herself during the pendency of this action. 23. Plaintiffs income is not sufficient to provide for her reasonable needs and pay her attorney's fees and the costs of this litigation. 24. Defendant has adequate earnings to provide for Plaintiffs support and to pay her counsel fees, costs and expenses. WHEREFORE, Plaintiff requests this Honorable Court: a. Enter a decree of divorce; b. Equitably distribute all property, both personal and real, owned by the parties; C. Compel Defendant to pay alimony pendente lite to Plaintiff; d. Grant Plaintiff attorney's fees and costs; Compel Defendant to pay alimony to Plaintiff; f. Grant such further relief as the Court may deem equitable and just. MARIA P. COGNETTI & ASSOCIATES r Date: September 11, 2008 By: -AM/ r'? MARIA . C G TTI, ESQUIRE Attorney I.D. 7914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff VERIFICATION I, Vanessa R. Bahn, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn verification to authorities. VANESSA R. BAHN DATE: q- n-09 0 M, r ..,-. cr Its ac w t.a ?s n bm MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff VANESSA BARN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. PAUL A. BAHN, JR., Defendant DOCKET NO. l1 S2/?, CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE I, MARIA P. COGNETTI, ESQUIRE, do hereby certify that a true and correct copy of the Notice to Defendant and Claim Rights and Complaint Under Section 3301(c) or 3301(d) of the Divorce Code was served upon the Defendant by certified mail, return receipt requested, on the 24th day of September, 2008. The original signed return receipt, number 7008 0150 0002 5365 2310, is attached hereto and made a part hereof. MARIA P. COGNETTI & ASSOCIATES Date: September 30, 2008 By: v ?VMLKX-A MARIA P. C GNl Attorney I.D. No. 2 4 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff . W, 0 m delivery ru or _a ,. m K Qr+ Postage IS Ln ?1 w ru Certified Fee jt o c alp g ° el al ed V 20 w`?° o , C3 (6Worsement RMequl 14,10 Qy' , LA V5 -4. O Total Postage & Fees $ .p Ito O C3 'wrw.; P_.! AI.... n . r----------------- u, wan, 'MIM MW estrfcl1. Z 3. Also • Fi h?ery is desired. • P*t your n me and address on the reverse 0 m cart return the card to you ¦ Mach this trend to the back of the maApieoe, or on the front N space pwn*L 1. Artlcle Addressed to: TALo A. pt hn , Jr I OC- W i m irmipb ?A n; 16a an iC5bLvr , Pp 110 55. DAM* D Adft B. Fa? oea,ariM - 4T-cy D. b dWkwy add Rese dwom ftm rmn 1? D ids W YES, erttw dewy address bebw. D No -- 3. iwvim Ti" '°i"1iMd D ? NM Rp1 1 - D Fmn A c Ipt for MW*A ft $ Artlde Ige?aF 7 008 0150 0002 5365 23 Q 7' CIO o ..,? 71 ri 0 MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff VANESSA BAHN Plaintiff V. PAUL A. BARN, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 08-5475 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE COMPLAINT FOR ALIMONY PENDENTE LITE 1. Plaintiff resides at 89 Broadwell Lane, Mechanicsburg, Cumberland County, Pennsylvania. Plaintiffs Social Security No. is 172-40-6726 and her date of birth is August 18, 1949. Plaintiff is unemployed. 2. Defendant resides at 104 Windrush Lane, Mechanicsburg, Cumberland County, Pennsylvania. Defendant's Social Security No. is 193-36-3173 and his date ofbirth is December 14, 1948. Defendant is employed by Nestle-Purina, 1 Checkerboard Square, St. Louis, Missouri 63164, (Mechanicsburg Plant). 3. (a) Plaintiff and Defendant were married on June 20, 1971, in Dillsburg, York County, Pennsylvania. (b) Plaintiff and Defendant were separated in September, 2008. (c) Plaintiff and Defendant were divorced on endin at Cumberland County, Pennsylvania. 4. Plaintiff and Defendant are the parents of the following children: (a) Born of marriage: The parties have no minor children. Name Social Security No. Birth Date Age Residence (b) The children were not born out of wedlock. The children are currently in the custody of n/a The parties' children are emancipated. 5. Defendant has neglected the duty to support or sufficiently support Plaintiff since September, 2008. 6. (a) Plaintiff is not receiving Public Assistance. (b) Plaintiff is not receiving additional income of any kind. 7. No previous support order has been entered against the Defendant. WHEREFORE, Plaintiff requests that an Order be entered against Defendant and in favor of Plaintiff for reasonable alimony pendente lite and medical insurance. Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES Date: December 12, 2008 By: MARG T M. SIMOE, ESQUIRE for MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff NOTICE Guidelines for child and spousal support, and for alimony pendente lite have been prepared by the Court of Common Pleas, and are available for inspection in the Office of the Domestic Relations Section, 13 North Hanover Street, Carlisle, PA 17013. Attorney for Plaintiff Maria P. Copetti, Esquire Attorney for Defendant James A. Miller, Esquire VERIFICATION I, Vanessa R. Bahn, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn verification to authorities. 12 , 14, 4 -,a /? VANESSA R. BAHN DATE: /,7/8/o CERTIFICATE OF SERVICE I, Margaret M. Simok, Esquire, hereby certify that on December 12, 2008, I served a true and correct copy of the foregoing Complaint for Alimony Pendente Lite at the address indicated below: James A. Miller, Esquire 765 Poplar Church Road Camp Hill, PA 17011 Service by: Personal service via hand delivery X Service by First Class, United States Mail, postage pre-paid, mailed at Camp Hill, Pennsylvania, addressed as indicated above Overnight delivery Facsimile service Certified/Registered Mail MARIA P. COGNETTI & ASSOCIATES Date: December 12, 2008 By: MARG T M. SIMOK, ESQUIRE Attorney I.D. No. 89633 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff C S c-, `r 2 C., g t I;z VANESSA R. BAHN, THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAN COUNTY, PENNSYLVANIA VS. CIVIL ACTI NO. 08-5475 - DIVORCE TERM PAUL A. BAHN, JR., Defendant/Respondent IN DIVORCE PACSES NO: 758110542 ORDER OF COURT AND NOW, this 16th day of December 2008, upon consideratii Lite and/or counsel fees, it is hereby directed that the parties and their re-.; Shadday on January 12, 2009 at 1:30 P.M. for a conference, at 13 N. which the conference officer may recommend that an Order for Alimony YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Retu (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, (4) verification of child care expenses (5) proof of medical coverage which you may have, or may h If you fail to appear for the conference or bring the required warrant for your arrest. of the Petition for Alimony Pendente ctive counsel appear before R. J. hover St., Carlisle, PA 17013, after ndente Lite be entered. including W-2's as filed as required by Rule 1910.11© available to you. the Court may issue a BY THEICOURT, Edgar B. Bayley, President Judge Copies mailed to: Petitioner Respondent Margaret M. Simok, Esq. James A. Miller, Esq. Date of Order: December 16, 2008 r , ce Officer YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEN THE CONFERENCE AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR C NNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OIL T WHERE YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR A 2 LIBERTY AVE. CARLISLE, PENNSYLVANI. (717) 249-3166 TION 17013 cc361 ;;? ?. c?? -, -,- F, _ i '+.f ' „,?= 1_` ?? i i 4?4[ Vanessa R Bahn, In The Court Of Common Pleas Plaintiff Cumberland County Pennsylvania V. No 08-5475 Civil Term Paul A Bahn Jr Civil Action - Law Defendant In Divorce NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following papers, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree in 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 Defendant. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, One Courthouse Square, Carlisle, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 .800-990-9108 James A. N Attorney J(A tier, Esquire Plaintiff Vanessa R Bahn, Plaintiff V. Paul A Bahn Jr Defendant In The Court Of Common Pleas Cumberland County Pennsylvania No 08-5475 Civil Term Civil Action - Law In Divorce DEFENDANT'S ANSWER TO PLAINTIFF'S COMPLAINT IN DIVORCE NOW COMES, Defendant, by and through his attorneys, Miller Lipsitt LLC and James A. Miller, Esquire, and answers Plaintiffs Complaint in Divorce as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Denied. Wife filed an action in divorce against Defendant previously to Cumberland County Court of Common Pleas, Cumberland County, Pennsylvania. 6. Admitted. 7. Admitted. 8. No responsive pleading required. 9. Admitted. 10. No responsive pleading required. 11. Denied. a. Denied. Defendant specifically denies Plaintiffs averment and demands specific proof thereof at trial. b. Admitted. 12. Admitted. 13. Neither admitted nor denied. No responsive pleading is required. 14. No responsive pleading required. 15. Admitted. 16. No responsive pleading is required. 17. Denied. Plaintiff is full well and able to support herself through appropriate employment. Plaintiffs earnings and earning capacity provide her with a sufficient basis for appropriate employment for which she could provide for her reasonable needs. Moreover, Plaintiff is in possession of significant and substantial marital assets. 18. Denied. Plaintiff chooses to remain underemployed and/or unemployed. Defendant hereby incorporates the preceding Answer as if fully set forth herein. 19. Denied. Defendant hereby incorporates preceding paragraphs 17 and 18 as if fully set forth herein. By way of further response, Defendant's income is not sufficient enough to provide for his own needs and obligations let alone those of Plaintiff. 20. No responsive pleading is required. 21. Denied. Defendant hereby incorporates preceding Answers 17 through 19 as if fully set forth herein. 22. Denied. Defendant hereby incorporates preceding Answer 21 as if fully set forth herein. 23. Denied. Defendant hereby incorporates preceding Answer 21 as if fully set forth herein. 24. Denied. Defendant hereby incorporates preceding Answer 21 as if fully set forth herein. WHEREFORE, Defendant requests your Honorable Court to: A. enter a Decree dissolving the marriage between the parties; B. equitably distributing the marital property between the parties; C. denying Plaintiff's request for Alimony, Alimony Pendente Lite, Counsel Fees, Costs/Expenses; D. and for such further relief as the Court may determine. Respectfully submitted, Date: January 12, 2009 J?rfes®?!!4d?"e , quire ?jILLER LP ITT LLC 765 Po ,Aafar Church Road Ca Hill, PA 17011 7) 737-6400 VERIFICATION I verify that the statements made in the attached Answer are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: q u• ?? t I P ul A Bahn JR Vanessa R Bahn, In The Court Of Common Pleas Plaintiff Cumberland County Pennsylvania V. No 08-5475 Civil Term Paul A Bahn Jr Civil Action - Law Defendant In Divorce CERTIFICATE OF SERVICE I hereby certify that I have served a copy of the foregoing Answer upon Plaintiff by serving Plaintiffs counsel on the date and in the manner indicated below: Monday, January 12, 2009 Manner: HAND DELIVERED TO COUNSEL FOR PLAINTIFF AT CUMBERLAND COUNTY DOMESTIC RELATIONS OFFICE, CARLISLE, PA Margaret M Simok, Esquire Maria P Cognetti & Associates 210 Grandview Ave Ste 102 Camp Hill, PA. 17011-1706 Date: January 12, 2009 ,,afnes A.1Mi squire MILLER LI ITT LLC 765 Po r Church Road Ca Hill, PA 17011 17) 737-6400 2 ' IT , .. BR ww ?? = A + VANESSA R. BARN, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 08-5475 CIVIL TERM PAUL A. BAHN, IN DIVORCE Defendant/Respondent : PACSES Case No: 758110542 ORDER OF COURT AND NOW, this 12th day of January 2009, based upon the Court's determination that the Petitioner's monthly net income/earning capacity is $ 548.17 and the Respondent's monthly net income/earning capacity is $ 3,520.72, it is hereby ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit One Thousand Three Hundred and 00/100 Dollars ($ 1,300.00) per month payable weekly as follows: $ 1,162.00 per month for Alimony Pendente Lite and $ 138.00 per month on arrears. First payment due: in accordance with Respondent's pay schedule in the amount of $ 300.00 per week. The effective date of the order is December 15, 2008. Arrears set at $ 2,573.45 as of January 12, 2009. 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: Vanessa R. Bahn. Payments must be made by check or money order. All checks and money orders must be made payable to PA SCDU and mailed to: PA SCDU P.O. Box 69110 Harrisburg, PA 17106-9110 Payments must include the Respondent's name with their PACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. cc360 The monthly support obligation includes cash medical support in the amount of $250 annually for unreimbursed medical expenses incurred for the obligee. Unreimbursed medical expenses of the obligee that exceed $250 annually shall be allocated between the parties. The party seeking allocation of unreimbursed medical expenses must provide documentation of expenses to the other no later than March 31" of the year following the calendar year in which the final medical bill to be allocated was received. The unreimbursed medical expenses are to be paid as follows: 87 % by the Respondent and 13% by the Petitioner. [X] Respondent [] Petitioner to provide medical insurance coverage. Within thirty (30) days after the entry of this order, the [] Petitioner [X] Respondent shall submit written proof that the medical insurance coverage has been obtained or that application for coverage has been made. Proof of coverage shall consist of, at a minimum of. 1) the name of the health care coverage provide(s); 2) any applicable identification numbers; 3) any cards evidencing coverage; 4) the address to which claims should be made; 5) a description of any restrictions on usage, such as prior approval for hospital admissions, and the manner of obtaining approval; 6) a copy of the benefit booklet or coverage contract; 7) a description of all deductibles and co-payments; and 8) five copies of any claim forms. The Respondent is given credit in the amount of $400.00 for a direct payment on this date to the Petitioner. This Order shall become final twenty (20) after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Prothonotary for a hearing de novo before the Court. Consented: Petitioner Respondent Petitioner's Attorney Respondent's Attorney Mailed copies on: Janual3, 2009 to: Petitioner Respondent Margaret Simok, Esq. James A. Miller, Esq. BY THE COURT, Q,e 11!!:\ Edgar B. Bayley, J. DRO: R.J. Shadday ~rr t z? am y p w 21, ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dirt. of CUMBERLAND Date of Order/Notice 01/12/09 Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number NESTLE PURINA PET CARE CO. 6509 BRANDY LN MECHANICSBURG PA 17050-2817 193-36-3173 Employee/Obligor's Social Security Number 7598000036 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 0.00 per month in current child support $ 0.00 per month in past-due child support Arrears 12 weeks or greater? O yes ® no $ 0.00 per month in current medical support $ 0.00 per month in past-due medical support $ 1,162.00 per month in current spousal support $ 138.00 per month in past-due spousal support $ o . o o per month for genetic test costs $ o. oo per month in other (specify) $ one-time lump sum payment for a total of $ 1,300.00 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: $ 300.00 per weekly pay period. $ 650.00 per semimonthly pay period (twice a month) $ 600.00 per biweekly pay period (every two weeks) $ 1, 300.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If required by Pennsylvania law (23 PA C.S. § 4374(b)) to remit by electronic payment method, please call Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER /D (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SE, C?UMBER 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 08-5475 CIVIL OOrigi nal Order/Notice OAmended Order/Notice 0Terminate Order/Notice QOn,Time Lump Sum/Notice RE:BAHN, PAUL A. JR Employee/Obligor's Name (Last, First, MI) Fd*m EN-028 Rev. 4 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS If heck you are required to pr vide a opy of this form to your m loyee. If yo r employee works in a state that is AAerent from the state that issuedthis order, a copy must be providec?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 employeelobligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the 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. 4304705800 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : 0 THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 0 EMPLOYEE'S/OBLIGOR'S NAME:BAHN, PAUL A. JR EMPLOYEE'S CASE IDENTIFIER: 7598000036 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 employeelobligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of. 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) 0 5 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks : If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST by telephone at (717) 240-6225 or P.O. BOX 320 by FAX at (717) 240-6248 or CARLISLE PA 17013 by internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Rev. 4 Service Type M OMB No.: 0970-0154 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: BARN, PAUL A. JR PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Addendum Service Type M OMB No.: 0970-0154 PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Form EN-028 Rev. 4 Worker ID $IATT i9Z tr r._ rn I -t r In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION VANESSA R. BAHN ) Docket Number 08-5475 CIVIL Plaintiff ) VS. ) PACSES Case Number 758110542 PAUL A. BAHN JR ) Defendant ) Other State ID Number ORDER OF COURT You, PAUL A. BAHN JR plaintiff/defendant of 104 WINDRUSH LN, MECHANICSBURG, PA. 17055-9235-04 are ordered to appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 before a hearing officer of the Domestic Relations Section, on the APRIL 15, 2009 at 8: 3 0AM for a hearing. You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income Statement and the appropriate Expense Statement, if required, attached to this order, completed as required by Rule 1910.11 (c). 4. verification of child care expenses, and 5. proof of medical coverage which you may have, or may have available to you 6. information relating to professional licenses 7. other: Service Type M Form CM-509 Rev. 1 Worker ID 21302 BAHN V. BARN PACSES Case Number: 758110542 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest and/or enter an interim support order. If paternity is an issue, the court shall enter an order establishing paternity. THE APPROPRIATE COURT OFFICER MAY ENTER AN ORDER AGAINST EITHER PARTY BASED UPON THE EVIDENCE PRESENTED WITHOUT REGARD TO WHICH PARTY INITIATED THE SUPPORT ACTION. BY THE COURT: Date of Order: 3 - Q_ 1 G JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE-HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 240-6'225 . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Service Type M Page 2 of 2 Form CM-509 Rev. Worker ID 21302 -.a f `..ry JTl r 4 A In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION VANESSA R. BAHN ) Docket Number 08-5475 CIVIL Plaintiff ) VS. ) PACSES Case Number 758110542 PAUL A. BAHN JR ) Defendant ) Other State ID Number ORDER OF COURT You, VANESSA R. BAHN plaintiff/defendant of 89 BROADWELL LN, MECHANICSBURG, PA. 17055-9238-89 are ordered to appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 before a hearing officer of the Domestic Relations Section, on the APRIL 15, 2009 at 8: 3 oAM for a hearing. You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income Statement and the appropriate Expense Statement, if required, attached to this order, completed as required by Rule 1910.11 (c). 4. verification of child care expenses, and 5. proof of medical coverage which you may have, or may have available to you 6. information relating to professional licenses 7. other: Service Type M Form CM-509 Rev. 1 Worker ID 21302 4 ? BARN V. BAHN PACSES Case Number: 758110542 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest and/or enter an interim support order. If paternity is an issue, the court shall enter an order establishing paternity. THE APPROPRIATE COURT OFFICER MAY ENTER AN ORDER AGAINST EITHER PARTY BASED UPON THE EVIDENCE PRESENTED WITHOUT REGARD TO WHICH PARTY INITIATED THE SUPPORT ACTION. Date of Order: BY THE COURT: wlool)Q? JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE-HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 240-6225 . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Service Type M Page 2 of 2 Form CM-509 Rev, Worker ID 21302 (77 c? - `Y r„ In the Court of VANESSA R. BAHN VS. PAUL A. BAHN JR t Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION Docket Number 08-5475 CIVIL ) PACSES Case Number 758110542 ) Other State ID Number YOU, PAUL A. BAHN JR Of 104 WINDRUSH LN, MECHAN CSBURG, PA. 17055-9235-04 are ordered to appear at DOMESTIC RELATIONS HEARING RM C/O HEARING ROOM, DOMESTIC RELATIONS OFFICE, 13 NORTH HANOVER STREET, CARLISLE, PA. 17013 on the 2ND DAY OF JUNE, 2 0 0 9 at 8 : 3 0AM fora hearing. This date replaces the prior hearing date of You are further required tc 1. a true copy of your 2. your pay stubs for i 3. the Income Stateme completed as requii 4. verification of chilc 5. proof of medical cc 6. information relatin; 7. other: 15, 2009 bring to the hearing: nost recent Federal Income Tax Return, including W-2s, as filed, ie preceding six (6) months, it and the appropriate Expense Statement, if required, attached to this order, xi by Rule 1910.11 (c). care expenses, and ierage which you may have, or may have available to you to professional licenses Form CM-514 Rev. 1 Service Type M Worker ID 21302 BARN v. I If you fail to appear court may issue a warrant an issue, the court shall THE APPROPRIA EITHER PARTY BASED TO WHICH PARTY BAHN PACSES Case Number: 758110542 r the conference/hearing or to bring the required documents, the your arrest and/or enter an interim support order. If paternity is an order establishing paternity. COURT OFFICER MAY ENTER AN ORDER AGAINST 'ON THE EVIDENCE PRESENTED WITHOUT REGARD TED THE SUPPORT ACTION. BY THE COURT: Date of Order: `i -1 - G G JUDGE YOU HAVE TH RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE-HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TOO TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANT ABLE TO PROVIDE OFFER LEGAL SER FEE. AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE J WITH INFORMATION ABOUT AGENCIES THAT MAY ,S TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO CO BAR ASSOCIATION The Court of Con comply with the Americ,, facilities and reasonable before the court, please made at least 72 hours pr scheduled hearing. Service Type M 2 S BEDFORD ST ARLISLE PA 17013-3302-32 717) 249-3166 CANS WITH DISABILITIES ACT OF 1990 n Pleas of CUMBERLAND County is required by law to with Disabilities Act of 1990. For information about accessible :ommodations available to disabled individuals having business [act our office at: (717) 240-6225 . All arrangements must be to any hearing or business before the court. You must attend the Page 2 of 2 Form CM-514 Rev. 1 Worker ID 21302 R D't_J S?IWiV« 2099 APR 14 P a- 23 ? ?_ r In the Court of VANESSA R. BARN VS. PAUL A. BAHN JR i Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION Docket Number 08-5475 CIVIL PACSES Case Number 758110542 Other State ID Number You, VANESSA R. BAHN Of 89 BROADWELL LN, MECHAN CSBURG, PA. 17055-9238-89 are ordered to appear at DOMESTIC RELATIONS HEARING RM C/O HEARING ROOM, DOMESTIC RELATIONS OFFICE, 13 NORTH HANOVER STREET, CARLISLE, PA. 17013 on the 2ND DAY OF JUNE, 2 0 0 9 the prior hearing date of ARIL 15, 2009 You are further required v 1. a true copy of your 2. your pay stubs for i 3. the Income Stateme completed as requii 4. verification of chile 5. proof of medical cc 6. information relatin; 7. other: at 8: 3 OAM for a hearing. This date replaces bring to the hearing: nost recent Federal Income Tax Return, including W-2s, as filed, ie preceding six (6) months, it and the appropriate Expense Statement, if required, attached to this order, d by Rule 1910.11 (c). care expenses, and ierage which you may have, or may have available to you to professional licenses Service Type M Form CM-514 Rev. 1 Worker ID 21302 KAHN V. PACSES Case Number: 758110542 If you fail to appear ?or the conference/hearing or to bring the required documents, the court may issue a warrant an issue, the court shall THE APPROPRIA EITHER PARTY BASED TO WHICH PARTY your arrest and/or enter an interim support order. If paternity is an order establishing paternity. COURT OFFICER MAY ENTER AN ORDER AGAINST THE EVIDENCE PRESENTED WITHOUT REGARD TED THE SUPPORT ACTION. BY THE COURT: Date of Order: 'I 2 " W?90 OA, JUDGE YOU HAVE T E RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE-HEARI G AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO O TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVID YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANP ABLE TO PROVIDE OFFER LEGAL SER FEE. AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE J WITH INFORMATION ABOUT AGENCIES THAT MAY S TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 WITH DISABILITIES ACT OF 1990 The Court of Co comply with the Ame& facilities and reasonabl( before the court, please made at least 72 hours r scheduled hearing. Service Type m mon Pleas of CUMBERLAND County is required by law to ns with Disabilities Act of 1990. For information about accessible accommodations available to disabled individuals having business Ontact our office at: (717) 240-6225 . All arrangements must be or to any hearing or business before the court. You must attend the Page 2 of 2 Form CM-514 Rev. 1 Worker ID 21302 2009 APR 14 PH 3: 23 "1 1-11 irv In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION VANESSA R. BAHN ) Docket Number 08-5475 CIVIL Plaintiff ) VS. ) PACSES Case Number 758110542 PAUL A. BAHN JR ) Defendant ) Other State ID Number ORDER OF COURT - RESCHEDULE A HEARING You, PAUL A. BAHN JR 104 WINDRUSH LN, MECHANICSBURG, PA. 17055-9235-04 are ordered to appear at DOMESTIC RELATIONS HEARING RM of CIO HEARING ROOM, DOMESTIC RELATIONS OFFICE, 13 NORTH HANOVER STREET, CARLISLE, PA. 17013 onthe 21ST DAY OF JULY, 2009 the prior hearing date of JUNE 2, 2 0 0 9 at 10 : 3 0AM fora hearing. This date replaces You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income Statement and the appropriate Expense Statement, if required, attached to this order, completed as required by Rule 1910.11 (c). 4. verification of child care expenses, and 5. proof of medical coverage which you may have, or may have available to you 6. information relating to professional licenses 7. other: Service Type M Form CM-514 Rev. 1 Worker ID 21302 BARN v- BAHN PACSES Case Number: 758110542 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest and/or enter an interim support order. If paternity is an issue, the court shall enter an order establishing paternity. THE APPROPRIATE COURT OFFICER MAY ENTER AN ORDER AGAINST EITHER PARTY BASED UPON THE EVIDENCE PRESENTED WITHOUT REGARD TO WHICH PARTY INITIATED THE SUPPORT ACTION. Date of Order: L D ' 0l BY THE COURT: JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE-HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 2 4 0 - 6 2 2 5 . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Page 2 of 2 Form CM-514 Rev. Service Type M Worker ID 21302 FILED-CF CE OF THE PsoT'-jn?hi ?TARP 2009 JUN -9 PH 3: 21 E?U tnw 'J,'.: G! fl v t ! PENNSYLVANIA In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION VANESSA R. BAHN ) Docket Number Plaintiff ) vs. ) PACSES Case Number PAUL A. BAHN JR ) Defendant ) Other State ID Number ORDER OF COURT - RESCHEDULE A HEARING You, VANESSA R. BAHN 89 BROADWELL LN, MECHANICSBURG, PA. 17055-9238-89 are ordered to appear at DOMESTIC RELATIONS HEARING RM 08-5475 CIVIL 758110542 of CIO HEARING ROOM, DOMESTIC RELATIONS OFFICE, 13 NORTH HANOVER STREET, CARLISLE, PA. 17013 on the 21ST DAY OF JULY, 2009 at 10: 3 OAM for a hearing. This date replaces the prior hearing date of JUNE 2, 2 0 0 9 You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income Statement and the appropriate Expense Statement, if required, attached to this order, completed as required by Rule 1910.11 (c). 4. verification of child care expenses, and 5. proof of medical coverage which you may have, or may have available to you 6. information relating to professional licenses 7. other: Form CM-514 Rev. 1 Service Type M Worker ID 21302 BARN V- BAHN PACSES Case Number: 758110542 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest and/or enter an interim support order. If paternity is an issue, the court shall enter an order establishing paternity. THE APPROPRIATE COURT OFFICER MAY ENTER AN ORDER AGAINST EITHER PARTY BASED UPON THE EVIDENCE PRESENTED WITHOUT REGARD TO WHICH PARTY INITIATED THE SUPPORT ACTION. BY THE COURT: Date of Order: L x - -Q:Ll - JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE-HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 240-6225 . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Page 2 of 2 Form CM-514 Rev. Service Type M Worker ID 21302 BLED-OFFICE OF THE pf-CT.v;j rj) A,,Ry 2009 JUN -9 PM 3= 21 WINN PENNs?jyA NIA In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION VANESSA R. BAHN, ) Docket Number 08-5475 CIVIL Plaintiff/Petitioner ) vs. ) PACSES Case Number 758110542 PAUL A. BARN, JR., ) Other State ID Number Defendant/Respondent ) ORDER OF COURT You, PAUL A. BAHN, JR., are ordered to appear at the DOMESTIC RELATIONS hearing room, c/o Hearing Room, DOMESTIC RELATIONS OFFICE, 13 North Hanover Street, Carlisle, PA 17013 on the 4`h of December, 2009 at 8:30 a.m. for a hearing. You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income Statement and the appropriate Expense Statement, if required, attached to this order, completed as required by Rule 1910.11(c), 4. verification of child care expenses and, 5. proof of medical coverage which you may have, or may have available to you, 6. information relating to professional licenses, 7. other: BAHN V. BAHN PACSES Case Number 758110542 If you fail to appear for the hearing or to bring the required documents, the court may issue a warrant for your arrest and/or enter an interim Support order. THE APPROPRIATE COURT OFFICER MAY ENTER AN ORDER AGAINST EITHER PARTY BASED UPON THE EVIDENCE PRESENTED WITHOUT REGARD TO WHICH PARTY INITIATED THE SUPPORT ACTION. BY URT: Date of Order: - - U 1 7o'J91--? Edgar B. ayley, JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 Bedford Street Carlisle, PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office at (717)240-6225. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. ALED-OFFICE OF THE PFRO Hr907ARY 2809 SEP -4 PM 2: 30 WMBISt ??'' C; UN Y PF,NNSYLVA% In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION VANESSA R. BAHN, ) Plaintiff/Petitioner ) VS. ) PAUL A. BAHN, JR., ) Defendant/Respondent ) Docket Number PACSES Case Number Other State ID Number 08-5475 CIVIL 758110542 ORDER OF COURT You, VANESSA R. BARN, are ordered to appear at the DOMESTIC RELATIONS hearing room, c/o Hearing Room, DOMESTIC RELATIONS OFFICE, 13 North Hanover Street, Carlisle, PA 17013 on the 4`h of December, 2009 at 8:30 a.m. for a hearing. You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income Statement and the appropriate Expense Statement, if required, attached to this order, completed as required by Rule 1910.11(c), 4. verification of child care expenses and, 5. proof of medical coverage which you may have, or may have available to you, 6. information relating to professional licenses, 7. other: BAHN V. BAHN PACSES Case Number 758110542 If you fail to appear for the hearing or to bring the required documents, the court may issue a warrant for your arrest and/or enter an interim Support order. THE APPROPRIATE COURT OFFICER MAY ENTER AN ORDER AGAINST EITHER PARTY BASED UPON THE EVIDENCE PRESENTED WITHOUT REGARD TO WHICH PARTY INITIATED THE SUPPORT ACTION. BY THE COURT: Date of Order: a ey, G YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 Bedford Street Carlisle, PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office at (717)240-6225. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. FILED-UHrtCIE. OF THE PPOTHO- OThRY 2869 SEP -4 PM 2: 30 P?,i4v?LVMPA In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION VANESSA R. BARN, ) Docket Number 08-5475 CIVIL Plaintiff/Petitioner ) VS. ) PACSES Case Number 758110542 PAUL A. BARN, JR., ) Other State ID Number Defendant/Respondent ) ORDER OF COURT You, VANESSA R. BARN, are ordered to appear at the DOMESTIC RELATIONS hearing room, c/o Hearing Room, DOMESTIC RELATIONS OFFICE, 13 North Hanover Street, Carlisle, PA 17013 on the 9th of February, 2010at 8:30 a.m. for a hearing. You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income Statement and the appropriate Expense Statement, if required, attached to this order, completed as required by Rule 1910.11(c), 4. verification of child care expenses and, 5. proof of medical coverage which you may have, or may have available to you, 6. information relating to professional licenses, 7. other: CM-509 C BAHN V. BAHN PACSES Case Number 75 8 1 1 0542 If you fail to appear for the hearing or to bring the required documents, the court may issue a warrant for your arrest and/or enter an interim Support order. THE APPROPRIATE COURT OFFICER MAY ENTER AN ORDER AGAINST EITHER PARTY BASED UPON THE EVIDENCE PRESENTED WITHOUT REGARD TO WHICH PARTY INITIATED THE SUPPORT ACTION. B EC x Date of Order: - j v 0 Edgar B. Bayley, JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 Bedford Street Carlisle, PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office at (717)240-6225. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. 26r'rtui'' 12 k'' !I: 0- G 1, 11v?? ? ? v i Z y09 G' - r.y 2: 3`3 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION VANESSA R. BARN, ) Docket Number 08-5475 CIVIL Plaintiff/Petitioner ) VS. ) PACSES Case Number 758110542 PAUL A. BAHN, JR., ) Other State ID Number Defendant/Respondent ) ORDER OF COURT You, PAUL A. BAHN, JR., are ordered to appear at the DOMESTIC RELATIONS hearing room, c/o Hearing Room, DOMESTIC RELATIONS OFFICE, 13 North Hanover Street, Carlisle, PA 17013 on the 9th of February, 2010 at 8:30 a.m. for a hearing de novo. You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income Statement and the appropriate Expense Statement, if required, attached to this order, completed as required by Rule 1910.11(c), 4. verification of child care expenses and, 5. proof of medical coverage which you may have, or may have available to you, 6. information relating to professional licenses, 7. other: CM-509 BAHN V. BAHN PACSES Case Number 758110542 If you fail to appear for the hearing or to bring the required documents, the court may issue a warrant for your arrest and/or enter an interim Support order. THE APPROPRIATE COURT OFFICER MAY ENTER AN ORDER AGAINST EITHER PARTY BASED UPON THE EVIDENCE PRESENTED WITHOUT REGARD TO WHICH PARTY INITIATED THE SUPPORT ACTION. Date of Order: / i ? - L 9 THE C R . CAI 10 Edgar B. Bayley, JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 Bedford Street Carlisle, PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office at (717)240-6225. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. ', 1 12 p , ?n1 i •!`?ii 1 OF THE 1"! 2009 NOV -+ PH 2: '23 cuI i l ??t I VANESSA R. BAHN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION PAUL A. BAHN, JR., PACSES NO. 137110533 Defendant DOCKET NO. 1099 SUPPORT 2008 0 c VANESSA R. BAHN, IN THE COURT OF COMMON PLEA*OF- Plaintiff/Petitioner CUMBERLAND COUNTY, PENNS ``i ANA ! V. DOMESTIC RELATIONS SECTIOL? PAUL A. BAHN, JR., PACSES NO. 758110542' L N Defendant/Respondent DOCKET NO. 08-5475 CIVIL. ORDER OF COURT AND NOW, this 9th day of February, 2010, this matter having been scheduled for a hearing de novo before the Support Master on the Plaintiff's complaint for spousal support and on the Plaintiffs petition for alimony pendente lite, and the parties having reached an agreement, upon recommendation of the Master it is ordered and decreed as follows: 1. Effective December 15, 2008, the Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit as spousal support the sum of $1,162.00 per month plus the additional sum of $138.00 per month on arrears. 2. The Defendant shall provide health insurance coverage for the benefit of his wife as is available to him through employment or other group coverage at a reasonable cost. 3. The monthly support obligation includes cash medical support in the amount of $250.00 annually for unreimbursed medical expenses incurred for said spouse. Unreimbursed medical expenses of the spouse that exceed $250.00 annually shall be allocated between the parties. The party seeking allocation of unreimbursed medical expenses must provide documentation of expenses to the other party no later than March 31St of the year following the calendar year in which the final medical bill to be allocated was received. The unreimbursed medical expenses are to be paid as follows: 87% by Defendant and 13% by Plaintiff. 4. The interim order of alimony pendente lite entered January 12, 2009 is vacated. 5. All payments made by the Defendant on said order of alimony pendente lite heretofore made shall be applied to the spousal support obligation set forth herein. 6. The Defendant shall this date file a petition for modification of spousal support, and a hearing on said petition shall be held before the Support Master on Thursday, April 15, 2010 at 8:30 a.m. 7. The Defendant shall provide copies of all medical reports supporting his request for modification to counsel for the Plaintiff on or before close of business March 31, 2010. By the Court, Cc: Vanessa R. Bahn Paul A. Bahn, Jr. Maria P. Cognetti, Esquire For the Plaintiff James A. Miller, Esquire For the Defendant Albert H. Masland, J. DRO/rjs ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT 08-5475 CIVIL OOriginal Order/Notice State Commonwealth of Pennsylvania 137110533 x Amended Order/Notice Co./City/Dist. of CUMBERLAND 1099 S 2008 Date of Order/Notice 02/09/10 0Terminate Order/Notice Case Number (See Addendum for case summary) QOne-Time Lump Sum/Notice RE: BARN, PAUL A. JR Employer/Withholder's Federal EIN Number Employee/Obligor's Name (Last, First, MI) 193-36-3173 Employee/Obligor's Social Security Number NESTLE PURINA PET CARE CO. 7598000036 6509 BRANDY LN Employee/Obligor's Case Identifier MECHANICSBURG PA 17050-2817 (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? (Ioes W no- $ 0.00 per month in current medical support 0 o $ 0.00 per month in past-due medical support $ 1, 162 . oo per month in current spousal support r "'-- $ 138.00 per month in past-due spousal support $ o . oo per month for genetic test costs $ o . oo per month in other (specify) V --X ?D $ one-time lump sum payment c- rod J for a total of $ 1,300.00 per month to be forwarded to payee below. w 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: $ 300.00 per weekly pay period. $ 650.00 per semimonthly pay period (twice a month) $ 600.00 per biweekly pay period (every two weeks) $ 1, 300.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). Pennsylvania law (23 PA C.S. § 4374(b)) requires remittance by an electronic payment method if an employer is ordered to withhold income from more than one employee and employs 15 or more persons, or if an employer has a history of two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THC PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: Albert H. Masland, Judge DRD: R.J. Shadday Form EN-028 Rev.5 Service Type M OMB No.: 0970-0154 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS El If 4heckefl you are required to provide asopy of this form to youuuloyee. If yoyr employee works in,a state that is di box is not checked. Brent rom the state that issued this or er, a copy must be provi eeccii to your employee even if the 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 employeelobligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 4304705800 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : 0 THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 0 EMPLOYEE'SIOBLIGOR'S NAME:BAHN, PAUL A. JR EMPLOYEE'S CASE IDENTIFIER: 7598000036 LAST KNOWN HOME ADDRESS: DATE OF SEPARATION: LAST KNOWN PHONE NUMBER: FINAL PAYMENT AMOUNT- NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) 0 5 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks : If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION If you or your employee/obligor have any questions, contact WAGE'ATTACHMENT UNIT 13 N. HANOVER ST by telephone at (717) 240-6225 or P.O. BOX 320 by FAX at (717) 240-6248 or CARLISLE PA 17013 by internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Rev.5 Service Type M OMB No.: 0970-0154 Worker ID $IATT l ADDENDUM Summarv of Cases on Attachment Defendant/Obligor: BARN, PAUL A. JR PACSES Case Number 137110533 PACSES Case Number Plaintiff Name Plaintiff Name VANESSA R. BARN Docket Attachment Amount Docket Attachment Amount 01099 S 2008 $ 1,300.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): DOB DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Addendum Form EN-028 Rev.5 Service Type M Worker ID OMB No.: 0970-0154 $ IATT L Vanessa R Bahn, In The Court Of Common Pleas Plaintiff Cumberland County Pennsylvania V. No 08-5475 Civil Term Paul A Bahn Jr Civil Action - Law Defendant In Divorce QUALIFIED DOMESTIC RELATIONS ORDER WHEREAS, unfortunate differences and circumstances have arisen between Vanessa R Bahn ("Alternate Payee") and Paul A Bahn, Jr ('Participant") rendering it impossible for them to live together, and they have separated and intend to live separate and apart from each other; and WHEREAS, Alternate Payee has filed an action for divorce; and WHEREAS, Participant is a participant in the Nestle 401(k) Savings Plan (the "Plan"); and WHEREAS, the Court has decided to divide the property interest of the Participant in the Plan; NOW, THEREFORE, IT IS ORDERED that this instrument is intended to constitute a qualified domestic relations order as defined in § 414(p) of the Internal Revenue Code of 1986, as amended (hereinafter known as the "Code"), and § 206(d)(3)(B) of the Employee Retirement Income Security Act of 1974, as amended (hereinafter known as "ERISA"), and that this order shall be administered and interpreted in conformity with the applicable provisions of the Code and ERISA. IT IS ORDERED that this Court shall retain jurisdiction to amend this order upon motion of any party, but solely for the purpose of establishing or maintaining its status as a qualified domestic relations order, and not to otherwise modify its terms. IT IS ORDERED that this instrument applies to the Plan, a qualified retirement plan, the trustee of which is State Street Bank & Trust Company, Westwood, Massachusetts and the administrator of which is Nestld USA, Inc., a Delaware corporation ("Nestld"). IT IS ORDERED that, as a division of property pursuant to this order, Nestld shall cause an amount equal to the sum of $168,057.67 to be transferred from the Participant's total account balance under the Plan to a new account (which shall be fully vested and nonforfeitable) established under the Plan in the name of and for the benefit of the Alternate Payee. Such transfer shall be made as soon as reasonably possible after it is determined under the Plan's procedures, including its appeal procedures, that this order is a qualified domestic relations order as defined in § 414(p) of the Code and § 206(d)(3)(B) of ERISA. IT IS ORDERED that the amount credited to the Alternate Payee's account under the Order shall be debited pro-rata to the accounts and investments of the Participant on the date that the amounts are actually transferred to the Alternate Payee's account. IT IS ORDERED that the amount credited to Alternate Payee's account under the Plan shall be paid to the Alternate Payee in the form of a single lump sum payment as soon as reasonably possible after the amount is transferred to the Alternate Payee's account. IT IS ORDERED that the Alternate Payee shall execute such forms and documents as are required by Nestld as administrator of the Plan in order to comply with the requirements of any provisions of law applicable to tax qualified retirement plans. IT IS ORDERED that, pending payment of the lump sum amount to the Alternate Payee, the amount credited to the Alternate Payee's account shall be initially invested in the Core Stable Investment Fund under the Plan until contrary directions are given by the Alternate Payee pursuant to the Plan's investment direction procedures. IT IS ORDERED that, pending payment of the lump sum amount to the Alternate Payee, Nestle shall cause the Alternate Payee to have the status of a "beneficiary" under the Plan with the same rights under the Plan as any other similarly situated beneficiary. IT IS ORDERED that, pending payment of the lump sum amount to the Alternate Payee, the Alternate Payee may designate a beneficiary under the Plan to receive all amounts credited to his/her account under the Plan, such beneficiary designation to be in writing and delivered to Nestld as administrator of the Plan. IT IS ORDERED that the effective period of this order commences on the date it is entered by the Court and ends when all amounts credited to the Alternate Payee's account under the Plan have been distributed from the Plan. IT IS ORDERED, that the address of the Participant and the Alternate Payee may be changed from time to time by written notice given to Nestld and the other party. The following current information pertains to the Participant: Paul Bahn 104 Windrush Lane Mechanicsburg, PA 17055 SS #193-36-3173 Date of Birth: 12/14/48 C C'N The following current information pertains to the Alternate Payee: r-1 Co V) Vanessa Bahn 6265 Haydon Court Mechanicsburg, Pa 17050 x; .?a SS #172406726 Date of Birth : 8/18/49 ` IT IS ORDERED that this instrument shall not limit the right of Nestle, in its capacity as sponsor of the Plan, to amend, terminate or take any other action with respect to the Plan, provided, however, that the Plan may not be amended in a manner that would discriminate detrimentally against the Alternate Payee unless such amendment is either mandated by law or, in the reasonable judgment of Nestle, required to maintain the tax qualified status of the Plan. IT IS ORDERED that Nestl6, within the time prescribed under § 414(p)(6) of the Code, shall notify the appropriate persons of the receipt of this order, of its procedure for review of the order's status as a qualified domestic relations order, and of its determination of such status, and that the Participant and the Alternate Payee shall take such further action as may be necessary to ensure that a prompt determination is made by Nestl6 as to whether this instrument constitutes a qualified domestic relations order. IT IS SO ORDERED. r Judge Date: APPROVED: Maria P Cogtietti, TsVuir Maria P Cognetti ss( 210 Grandview Ave Ste Camp Hill, PA. 17011-1 Attorney for P James A. Milltr, Esquire Miller Lipsitt LLC 4 South-17`" Street 102 Camp Hill, PA 17011 (717) 737-6400 Attorney for Defendant i l CT 20 AN, li: 0 l ",UMBERLAND COUNT VANESSA R. BARN, PMSY!FMA& COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : DOCKET NO. 08-5475 PAUL A. BARN, JR., CIVIL ACTION -LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 16, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of the 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 unsworn falsification to authorities. Date: _0 1711 VANESSA BARN ^FI T lif- T14 ? 20 c o 0CT 2U AM 11 E C F?l_ t D COUNT`'' VANESSA R. BARN,;?IISYLVA1 IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. PAUL A. BARN, JR., Defendant : DOCKET NO. 08-5475 CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this 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: _ D / 7 // _ VANESSA BAHN 1 D 0V : -. f #rU/l NI A POST NUPTIAL AND PROPERTY SETTLEMENT AGREEMENT BY AND BETWEEN VANESSA R BAHN & PAUL A BARN, JR. Maria P Cognetti & Associates Mari P Cognetti, Esquire 21o Grandview Avenue Suite 102 Camp Hill PA 17011 717 909 4060 Attorney for Plaintiff DATE: September t) 2011 Miller Lipsitt LLC James A Miller, Esquire 4 South 17th Street Camp Hill PA 17011 717 737 6400 Attorney for Defendant TABLE OF CONTENTS 1. SEPARATION AND NON INTERFERENCE .......................................................... 3 2. RECONCILIATION ...................................................................................................4 3. ENFORCEMENT ...................................................................................................... . 4 4. SPOUSAL SUPPORT, ALIMONY, ALIMONY PENDENTE LITE (APL), & COSTS, FEES AND EXPENSES ..................................................................................... . 6 5. EQUITABLE DISTRIBUTION ................................................................................ . 9 A. DIVISION OF PERSONAL 1) MARITAL, TANGIBLE AND INTANGIBLE, ASSETS AND 2) NON-MARITAL, TANGIBLE AND INTANGIBLE, ASSETS..... . 9 1 Real Property - 104 Windrush Lane, Mechanicsburg, PA*: .............................. 10 2 HUSBAND'S NESTLE 401K** ....................................................................... 11 3 CEMETERY LOTS ........................................................................................... I 1 B. WAIVER OF PERSONAL 1) MARITAL, TANGIBLE AND INTANGIBLE, ASSETS AND 2) NON-MARITAL, TANGIBLE AND INTANGIBLE, ASSETS.... 11 C. INTENT ............................................................................................................. 12 ADDITIONAL DOCUMENTS ................................................................ 12 TAXES ...................................................................................................... 12 6. AFTER ACQUIRED PROPERTY: .......................................................................... 12 7. DEBTS ...................................................................................................................... 13 A. Wife's Debts ....................................................................................................... 13 B. Husband's Debts ................................................................................................. 13 C. Indemnification .................................................................................................. 13 8. FULL DISCLOSURE ............................................................................................... 14 9. RELEASES ............................................................................................................... 15 10. BREACH .................................................................................................................. 16 11. REPRESENTATION ................................................................................................ 16 12. VOLUNTARY EXECUTION .................................................................................. 17 13. ENTIRE AGREEMENT: .......................................................................................... 17 14. PRIOR AGREEMENT ............................................................................................. 17 15. MODIFICATION AND WAIVER ........................................................................... 18 16. GOVERNING LAW ................................................................................................. 18 17. INDEPENDENT SEPARATE COVENANTS ........................................................ 18 18. VOID CLAUSES ...................................................................................................... 18 19. CONSENTS TO DIVORCE ..................................................................................... 18 20. IRREVOCABILITY: ................................................................................................ 19 21. DISTRIBUTION DATE ........................................................................................... 19 22. DATE OF EXECUTION/COUNTERPARTS ......................................................... 19 I have read and understand the contents on this page. PAB, J RB Page 2 of 20 THIS AGREEMENT, made this i day of September, 2011, by and between Paul A Balm, Jr hereinafter called "Husband", and Vanessa R Balm, hereinafter called "Wife". WHEREAS, Husband and Wife were lawfully married on June 20, 1971, in York County, Pennsylvania; WHEREAS, differences have arisen between the parties and it is the intention of Wife and Husband to live separate and apart, and the parties hereto desire to settle fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates; WHEREAS, neither party admits that this action is a result of his or her actions that may give rise to a fault divorce pursuant to 23 Pa.C.S.A. section 33o1(a); NOW THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband each, intending to be legally bound hereby covenant and agree as follows: 1. SEPARATION AND NON INTERFERENCE: It shall be lawful for each party at all times hereafter to live separate and apart from each other at such place as he or she from time to time shall choose or I have read and understand the contents on this page. PAB, Jr B Page 3 of 20 deem fit. The foregoing provision 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. Each party shall be free from interference, authority and control 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. Neither party shall molest or attempt to endeavor to molest the other, or in any way harass or malign the other, nor in any other way interfere with the peaceful existence, separate and apart from the other. The parties are the natural parents of one adult child born during the marriage. 2. RECONCILIATION: This Agreement shall not be deemed to have been waived, extinguished, discharged, terminated, invalidated or otherwise affected by a reconciliation between the parties hereto, cohabitation between the parties, a living-together or resumption of marital relations between them. They shall not be deemed to have reconciled with the intention of vitiating or terminating this Agreement unless they make such actions through a written instrument, executed and acknowledged in the same manner as this Agreement. 3. ENFORCEMENT: The parties acknowledge that Wife filed to Cumberland County Court of Common Pleas, Cumberland County, Pennsylvania, docket number 08-5475 Civil Term, a no-fault divorce action pursuant to section 3301(c) of the Pennsylvania Divorce Code, including counts for Equitable Distribution, Alimony, Alimony Pendente Lite, Counsel Fees and Costs. Wife's counsel shall prepare and submit accurate Affidavits of Consent and Waivers of Notice for the parties to execute simulta I have read and understand the contents on this page. ply with their •espective AB, Jr _ B Page 4 of 20 executions of the herein agreement and promptly thereafter, forward the Praecipe to Transmit the Record to the court for final entry of the Decree in Divorce. It is specifically understood and agreed to by the parties that the provisions of this agreement relating to equitable distribution of property and all other matters contained herein including but not limited to spousal support, alimony, alimony pendente lite, counsel fees, costs and/or expenses are accepted by each party as a final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. Each party shall execute any and all documents which may require his or her signature for the purpose of effectuating all of the terms and conditions of this Agreement so as to give full force and effect to this Agreement. Should a decree, judgment or order of separation or divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement. It is specifically agreed, however, that a copy of this Agreement or the substance of the provisions thereof, may be incorporated by reference into any divorce, judgment or decree. This incorporation, however, shall not be regarded as a merger, it being the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. I have read and understand the contents on this page. PAB, J B Page 5 of 20 4. SPOUSAL SUPPORT, ALIMONY, ALIMONY PENDENTE LITE (APL), & COSTS, FEES AND EXPENSES: Husband and Wife hereby acknowledge that they have been advised that each may have the right to assert a claim for spousal support, alimony, alimony pendent lite, costs and/or expenses. Further, Husband and Wife acknowledge that they understand that said rights are available in the divorce action. Husband and Wife further acknowledge that they are aware of the income, education, income potential, and assets and holdings of the other or have had full and ample opportunity to become familiar with such items. Nevertheless, Husband and Wife acknowledge that they are able to support and maintain themselves comfortably, without contribution from the other beyond that as provided for in this Property Settlement Agreement, upon the income and assets owned by each of them. In the opinion of Husband and Wife, the negotiated support terms herein take into consideration their respective incomes and assets and debts as disclosed and as distributed herein. Husband and Wife hereby accept the mutual covenants and terms of this Agreement and the benefits and properties passed to them hereunder in lieu of any and all further rights to support or alimony for themselves, counsel fees, and alimony pendente lite at this time and during any and all further or future actions of this divorce brought by either of the parties hereto including enforcement hereof and the parties do hereby remise, release, quit claim, and relinquish forever any and all right to support, alimony, alimony pendente lite, counsel fees and expenses beyond those provided for herein, during the pendency of or as a result of any such actions, as provided by the Divorce Code of Pennsylvania or any other applicable statute, at this time and at any time in the future. I have read and understand the contents on this page. PAB, Jr B Page 6 of 20 SPOUSAL SUPPORT: Wife filed an action in support against Husband to Cumberland County Court of Common Pleas, Cumberland County, Pennsylvania, docket number o1099 S 2008 Domestic Relations, PACSES Number 137110533• The domestic relations case is presently pending appeal and was scheduled for a de novo hearing before Master Rundle for August 11, 2011 and has been continued. The support matter shall terminate the 1St day of the month following entry of the decree in divorce and Wife shall take immediate action to terminate her appeal and, if necessary Husband shall concur with the termination request. Upon termination, Wife shall obtain a final statement from Domestic Relations showing all amounts that may be due and owing from Husband to Wife or any excess payments made by Husband to Wife amounting to a refund due Husband. Should there be arrearages, then Husband shall pay Wife the entire arrearage balance within fifteen (15) days of Wife presenting Husband the final statement from Domestic Relations. Should there be credits due, then all such credits available shall be applied to and deducted from Husband's additional spousal support obligation for the spousal portion of Husband's service connected disabilities award from the Department of Veteran Affairs. Husband's total reimbursement amount to Wife for said award is $2,520.001. Attached hereto as Exhibit A are copies of the Veterans Administration's pertinent notices including the allotment notice of March 23, 2011. Husband shall pay Wife the amount for said award within fifteen (15) days of execution hereof. ALIMONY: Husband shall pay to Wife $1.0o upon execution hereof as alimony for the period commencing August 11, 2011 to July 31, 2012, the receipt of which is hereby acknowledged. Husband's total non-modifiable (except as Commencing September 12009, spouse award of $105.00 per month as set forth in Exhibit A. The parties recognize that the spousal portion of the award terminates o entry of the decr a in divorce. I have read and understand the contents on this page. PAB, J RB Page 7 of 20 i' otherwise provided herein) alimony obligation to Wife shall be paid for the following periods and in the following amounts: August 11, 2011 to Jul 31, 2012 $1.00 AUgUSt 1, 2012 to Jul 1, 2013 $1.00 August 1, 2013 to Jul 1, 201 $1.00 August 1, 201 to Jul 1, 201 $1.00 August 1, 2015 to Jul 1, 2016 $1.00 Husband may pay Wife upon execution hereof $5.00 representing his forgoing stated obligation. Said payments shall be deductible by Husband and declared as income by Wife for purposes of filing their respective annual tax returns. Husband's alimony obligation to Wife shall be non-modifiable except as herein provided. However, should Husband become and, only if Husband becomes, employed in any capacity with any Employer at any time during the time periods identified above, then Wife may seek to modify alimony in a court of competent jurisdiction and Husband shall not object to Wife's right to modify. In the event Wife remarries, cohabitates with a member of the opposite sex and/or dies, Husband's alimony obligation set forth herein shall automatically terminate by operation of law. Each party shall be responsible for their respective fees, expenses and costs associated with this case excepting anything provided in this agreement to the contrary. Neither party shall be obligated to pay the other's fees, expenses and/or costs. I have read and understand the contents on this page. PAB, J RB Page 8 of 20 5. EQUITABLE DISTRIBUTION: A. DIVISION OF PERSONAL 1) MARITAL, TANGIBLE AND INTANGIBLE, ASSETS AND 2) NON-MARITAL, TANGIBLE AND INTANGIBLE, ASSETS: In consideration of the factors set forth in 23 Pa C.S.A. section 3502 (equitable distribution), valuations of assets and the specific facts and circumstances of the parties marriage to each other, the parties have determined that a fair and equitable resolution to the division of all marital assets including any non-marital portion thereof is as follows: ASSET -valuation date Husband Wife Members 1st Savings stipulated x Checking stipulated x Money Management X Date April 13 2009 -15 mth CD X Date July 8 2009 - 11 mth CD X Date October 8 2008 - 9 mth CD X Date November 4 2008 - 48 mth CD X X Pioneer IRA #9229 Date 3/31/11 X Pioneer IRA #9199 Date 3/31/11 X Vanguard IRA #0075 Date 3/31/11 X Vanguard IRA #2474 - now has her ENT retirement Date 3/31/11 X Ameriprise IRA Date 3/31/1:1 X Ameriprise Achiever Circle Date 3/31/11 X Merrill Lynch #4712/#2222 CMA Account Merrill Lynch #2222 (Annuity); Merrill Lynch #8684 (Annuity) John Hancock #1467 Date 5/31/11 X Prudential Policy #42006907 (Whole Life) (Cash Value) Date 5/31/11 X Prudential Policy #24919993 (Whole Life) (Cash Value) Date 5/31/11 X Prudential Policy #63566476 Date 6/6/11 X Prudential Policy #M52577287 Date 5/31/11 X Phoenix Policy #2263539 (Whole Life) (Cash Value) Date 2/14/11 X Phoenix Policy #2263568 (Whole Life) (Cash Value) Date 2/14/11 X (2) 2009 Honda Pilots - no liens none x X 2000 Chevy Cargo Van Date 10/28/10 X 104 Windrush Lane MECHANICSBURG Date 5/14/10 X* Mortgage-American Home Bank #4107 Date 2/14/11 X PRUDENTIAL 98 SHARES - Date 9/20/10 X Nestle 401(k) - divided between parties as follows Date 3/31/11: balance after payment to Wife $168,057.67** I have read and understand the contents on this page. PAB, RB k?OA o rN 52_? 4mk'G. 0.(n oo e Page 9 of 20 Stn Cj« 4?.2 lGCC ©a.? S Qcl to heft c vt ?O ?GZC./ 5 r 5kC?v\ c v? CI p l S C? c'QQ &.4_Q K l 'lam" PAV The parties acknowledge that the foregoing division of Equitable Distribution shall not be considered as income to either party. 1 Real Property -104 Windrush Lane, Mechanicsburg, PA*: Marital Home. The parties acknowledge that they currently hold title as tenants by the entireties to that certain house and lot and all improvements thereupon situated at 104 Windrush Lane, Mechanicsburg, PA 17055 (collectively, "the Marital Home"). The Wife's interest in the Marital Home shall be transferred to Husband by a Special Warranty Deed prepared in a recordable form satisfactory to Husband. The Special Warranty Deed shall be prepared by Husband's counsel and shall be from Husband and Wife, as Grantors, to Husband, as Grantee, and shall be executed by Husband and Wife. The Special Warranty Deed shall be executed concurrently with this Agreement and shall be delivered to and held in escrow by Wife's counsel until Husband's refinance at which time said deed shall be released. Husband shall refinance the Marital Home for the purpose of removing Wife's name from the mortgage within sixty (6o) days from the execution hereof. Husband shall. keep Wife and her assigns, heirs, executors and administrators indemnified and held harmless from any past, present or future claims, penalties, liability, cost or expense, including, without limitation, reasonable attorney's fees and expert fees, arising out of or in any way related to the Marital Home. In no event shall Husband's refinancing of the Marital Home extend beyond sixty (6o) days from the date of execution hereof. Should Husband fail to accomplish said refinancing as called for hereunder, then Husband shall list the property immediately with a Pennsylvania licensed realtor at fair market value. Wife shall and does hereby set over, transfer and assign to Husband all of her right, title, claim and interest in and to all of the contents presently in the Marital Home, including without limitation all furniture, furnishings, rugs, carpets, household appliances and equipment, clothes, jewelry, personalty and other items of tangible property of whatever nature. I have read and understand the contents on this page. AB, J B Page 10 of 20 2 HUSBAND'S NESTLE 401 K** Husband and Wife agree to enter into and/or sign any forms upon request including but not limited to a qualified domestic relations order, which QDRO(s) shall be prepared by Husband's counsel and as otherwise required by said retirement plan to ensure Wife's payment of her share of the aforesaid benefits. 3 CEMETERY LOTS The parties acknowledge that they are the owners of two (2) cemetery lots. Wife shall become the sole owner of the lots. They shall each cooperate fully in effectuating this intent at anytime either is called upon to do so. B. WAIVER OF PERSONAL 1) MARITAL, TANGIBLE AND INTANGIBLE, ASSETS AND 2) NON-MARITAL, TANGIBLE AND INTANGIBLE, ASSETS: Husband and Wife do hereby acknowledge that they have heretofore divided to their mutual satisfaction all non-marital and marital assets including, but without limitation, business interests without limitation, corporations, partnership(s), limited liability companies, inheritance(s), jewelry, clothing, guns, brokerage accounts, stocks, bonds, life insurance policies or other securities, Individual Retirement Accounts, checking and savings accounts, mutual funds, and other assets whether real, personal or mixed, tangible or intangible. Husband and Wife further acknowledge and agree that the assets in the possession of the other spouse shall be that spouses sole and separate property, each party hereto specifically waiving, releasing, renouncing and forever abandoning whatever claim, if any, he or she may have with respect to any of the foregoing items which are the sole and separate property of the other. Wife shall receive from Husband her "family gun" from her great aunt and uncle and Husband shall receive from Wife his movies from Vietnam. I have read and understand the contents on this page. PAB, J RB Page 11 of 20 C. INTENT: This Agreement is intended to distribute all property of the parties, whether real or personal, and whether determined to be separate or marital property. In the event that any property may be omitted from this Agreement, it is understood and agreed that the person having possession and/or title to such property following the execution of this Agreement shall be deemed the owner thereof and each of the parties will execute any and all legal documents without any charge therefor to evidence title to such property in the other party. ADDITIONAL DOCUMENTS: Each of the parties shall on demand execute and deliver to the other any deeds, documents, records, Qualified Domestic Relations Orders, bills of sale, assignments, consents to change of beneficiary on insurance policies, tax returns and other documents and do or caused to be done any other act or thing that may be necessary or desirable to the provisions and purposes of this Agreement. TAXES: Husband hereby agrees to pay all income taxes assessed against him, if any, as a result of the division of the property of the parties hereunder. Wife hereby agrees to pay all income taxes assessed against her, if any, as a result of the division of the property of the parties hereunder. 6. AFTER ACQUIRED PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. The parties hereby agree that, as to all assets not specifically mentioned I have read and understand the contents on this page. PAB, J B Page 12 of 20 -1. herein which are presently titled in the sole name of one of the parties hereto or, if untitled, are presently in the sole possession of one of the parties hereto, the party not having title thereto or possession thereof hereby waives, releases, relinquishes and forever abandons any and all claims therein, and acknowledges that the party having title or possession of such items shall be the sole and exclusive owner thereof. 7. DEBTS: A. Wife's Debts: Wife represents and warrants to Husband that since the parties' separation she has not and in the future she will not contract or incur any debt 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. B. Husband's Debts: Husband represents and warrants to Wife that since the parties' separation he has not and in the future he will not contract or incur any debt 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. C. Indemnification:All further debts incurred by the parties shall be their individual responsibility. Each party represents and warrants to the other that he or she has not incurred any debt, obligation, or other liability, other than described in this Agreement, on which the other party is or may be liable. Each party covenants and agrees that if any claim, action or proceeding is hereinafter initiated seeking to hold the other party liable for any other debts, obligations, liability, act or omission of such party, such party will at his or her sole expense, defend the other against any such claim or demand, whether or not well-founded, and that he or she will indemnify and hold harmless the other party in respect of all damages as resulting therefrom. _Damages as used herein I have read and understand the contents on this page. PAB, Page 13 of 20 shall include any claim, action, demand, loss, cost, expense, penalty, and other damage, including without limitation, counsel fees and other costs and expenses reasonably incurred in investigating or attempting to avoid same or in opposing the imposition thereof or enforcing this indemnity, resulting to Husband or Wife from any inaccurate representation made by or on behalf of either Husband or Wife to the other in this Agreement, any breach of any of the warranties made by Husband or Wife in this Agreement, or breach or default in performance by Husband or Wife of any of the obligations to be performed by such party hereunder. The Husband or Wife agrees to give the other prompt written notice of any litigation threatened or instituted against either party which might constitute the basis for a claim for indemnity pursuant to the terms of this Agreement. 8. FULL DISCLOSURE: The parties acknowledge that each of them have had a full and ample opportunity to consult with counsel of their choice regarding their claims arising out of the marriage and divorce and that they have specifically reviewed their rights to the equitable distribution of marital property, including rights of discovery, the right to compel a filing of an Inventory and Appraisement and associated exhibits, documentation and expert opinions thereon, and the right to have the court review the assets and claims of the parties and decide them as part of the divorce action. Being aware of those rights and being aware of the marital and non-marital property owned by each of the parties, the parties hereto, in consideration of all other terms and provisions of this agreement, do hereby waive, release and quitclaim any further right to have this court or any other tribunal equitably distribute or divide their marital property. The parties acknowledge that they are familiar with and cognizant of the wealth, real and/or personal property, estate and I have read and understand the contents on this page. 'AB income of Page 14 of 20 the other and have either been fully advised and informed of such and the values thereof or has knowingly waived such advice and/or information. The parties hereto have been fully advised and informed of all rights and interests which, except for the execution and delivery hereof, have been conferred upon or vested in each of them by law with respect to the property or estate of the other by reason of their marital status, or has knowingly refused or waived such advice or information. Either party's failure to engage in or demand discovery from the other shall not be a reason to invalidate the terms of this agreement. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other parry in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement is expressly reserved. In the event: that either party, at any time hereafter, discovers such an undisclosed asset, that parry shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of the asset. The non-disclosing party shall be responsible for payment of counsel fees, costs or expenses incurred by the other parry in seeking equitable distribution of the asset provided said party is successful in obtaining the relief requested in his or her petition. Notwithstanding the foregoing, the Agreement shall in all other respects remain in full force and effect. 9. RELEASES: Except as otherwise herein provided, each party releases and discharges completely and forever the other from any and all right, title, interest or claim or past, present or future support, division of property including income or gain from property hereafter accruing, right of dower and courtesy, right to act as administrator or executor in the estate of the other, right to distriJaptixe share in I have read and understand the contents on this page. PAB, Page 15 of 20 the other's estate, right of exemption in the estate of the other, or any other property rights, benefits or privileges accruing to either party by virtue of said marriage relationship, or otherwise, and whether the same are conferred by the statutory law or by the common law of the Commonwealth of Pennsylvania, or any other state, or of the common law of the United States of America. It is further specifically understood and agreed by and between the parties hereto, that each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said parties' rights against the other for any past, present and future claims on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of each party, including all claims raised by them in the divorce action pending between the parties. 10. BREACH: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach including reasonable attorney fees, costs and/or expenses or seeking such other remedy or relief as may be available to him or her. The party found to have breached this contract shall be responsible for the payment of reasonable legal fees and costs incurred by the other in enforcing his or her rights under this Agreement.. 11. REPRESENTATION: Both parties have been given the opportunity to obtain the advice of counsel regarding the provisions of this Agreement and their legal effect in advance of the date set forth above to permit such independent review. In the event either party elects to execute this agreement without the advice of counsel, he/she shall nevertheless be bound hereby and he/she specifically and knowingly waives his/her right, if any, to utilize his/her lack of legal repre ent t. as a 0 .4 I have read and understand the contents on this page. ?Ml PAB, J B Page 16 of 20 basis to attack the validity of this Agreement. Each party acknowledges that he or she has had the opportunity to receive independent legal advice from counsel from his or her selection, and that each fully understands the facts and has been fully informed as to his or her legal rights and legal obligations, and each party acknowledges and accepts that this Agreement is, and the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, after having had the opportunity to receive such advice and with such knowledge, and that execution of this Agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. 12. VOLUNTARY EXECUTION: The provisions of this Agreement are fully understood by both parties and each party acknowledges that this Agreement is fair and equitable, that it is being entered into voluntarily and that it is not the result of any duress or undue influence. Further, each party acknowledges that he or she has the mental capacity to understand the terms provided herein and has not been placed under duress, coercion or any physical or mental stress. 13. ENTIRE AGREEMENT: This Agreement: contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 14. PRIOR AGREEMENT: It is understood and agreed that any and all property settlement agreements which may or have been executed prior to the date and time of this Agreement are null and void and of no effect. I have read and understand the contents on this page. PAB, J B Page 17 of 20 15. MODIFICATION AND WAIVER: Any modification or waiver of any provision of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 16. GOVERNING LAW: This Agreement shall be governed by and shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 17. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 18. VOID CLAUSES: If any term, condition, clause, or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 19. CONSENTS TO DIVORCE: The parties agree that Wife's counsel shall prepare and provide the parties respective Affidavits of Consent and Waivers of Notice which the parties shall immediately execute and Wife's counsel shall file them with the court along with a Praecipe to Transmit: the Record in order that a Decree in Divorce incorporating the herein agreement can be issued in due course. I have read and understand the contents on this page. PAB, Jr B Page 18 of 20 20. IRREVOCABILITY: It is understood and agreed to by and between the respective parties hereto that the terms of this Agreement are IRREVOCABLE and that it will 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. 21. DISTRIBUTION DATE: The parties hereto acknowledge and agree that for purposes of distribution of property as provided for in this agreement, the date of execution of this agreement shall be known as the Distribution Date. 22. DATE OF EXECUTION/COUNTERPARTS: The parties hereto acknowledge and agree that the date of execution referred to herein shall be known as the last date upon which either party executes this agreement. This Agreement may be executed by the parties in counterparts and as such, shall be enforceable as if it were executed as one. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have hereunto set their hands and seals the day and year first Lji?j?) Paul A Bahn, Jr Vanessa R Balm I have read and understand the contents on this page. LNI PAB, J B Page 19 of 20 above written. Commonwealth of Pennsylvania : COUNTY OF Cumberland : ss. On this, the f_ day of September, 2011 before me, a Notary Public, personally appeared Paul A Balm, Jr known to me to be the person whose name is subscribed to the within Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. OTARY PUBLIC Cy Commission Expires: Commonwealth of Pennsylvania : /? : ss. COUNTY OF Lwbc?lanaL NSnK- Not" Sad jw,M A. WW, WWY Pubft ., CWnbana? (;MV On this, the 1'5f- day of September, 2011 before me, a Notary Public, personally appeared Vanessa R Bahn, known to me to be the person whose name is subscribed to the within Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARY PUBLIC My Commission Expires: 49'9!/- COMMONWEALTH OF PENNSYLVANIA Notarial Seal Michele L. Bell, Notary Public Derry Twp., Dauphin County My Commission Expiros March 22, 2012 Member, Pennsylvania Aseooiation of Notaries I have read and understand the contents on this page. ?ILTPAB, J RB Page 20 of 20 VA BOARD2 3/23/2011 11:21:31 AM PAGE 2/002 Fax Server DEPARTMENT OF VETERANS AFFAIRS Regional 081ce 400 South 18th St. St. Louis UO 63103 March 23, 2011 PAUL BAHN 104 WINDRUSH LN MECHANICSBURG PA 17055 To Whom It May Concern:. In reply, refer to: 331/30/sm CSS 193 36 3173 BAHN P The official records of the Department of Veterans Affairs verify that Paul Balm receives $1333.00 per month for a service-connected disability. Payment with spouse of $105.00 is included with payment. Do You Have Questions Or Need Assistance? If you have any questions, you may contact us by telephone, a-mail, or letter. If you Here is what to do. Telephone Call us at 1-800-827-1000. If you use a Telecommunications Device for the Deaf (TDD), the number is 1-800-829-4833. Use the Internet Send electronic inquiries through the Internet at h s://iri&Na. ov. Write Put your full name and VA file number on the letter. Please send all correspondence to the address below. Philadelphia VAROIC PO Box 8079 Philadelphia,PA 19101 Sincerely yours, C'ar lrrC auneff Carl Thunell National Call Center Manager fl, ?v I I I f ?00' /I MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 fir ... 20 A N' I1 i3:' '' r ^RLAII COUt? ? r ENNIS 1rLVANIA Attorneys for Plaintiff VANESSA R. BARN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. PAUL A. BAHN, JR., Defendant DOCKET NO. 08-5475 CIVIL ACTION -LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Service was accepted by the Defendant on September 24, 2008, by certified mail, return receipt requested, receipt number 7008 0150 0002 5365 2310. • 3. Date of execution of the Affidavit of Consent required by §3301(c) of the Divorce Code: by Plaintiff, on October 17, 2011; by Defendant, on September 7, 2011. 4. Related claims pending: Settled by Agreement dated September 1, 2011. 5. (Complete either (a) or (b).) (a) Date and manner of service of the Notice of Intention to File Praecipe to Transmit record, a copy of which is attached: (b) Date Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: Waiver is being filed simultaneously herewith. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: September 28, 2011. MARIA P. COGNETTI & ASSOCIATES a Date: October 19, 2011 By: Aa, MARIA P. COG TTI, ESQUIRE Attorney I.D. No. 7914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff CERTIFICATE OF SERVICE I, Maria P. Cognetti, hereby certify that I served a true and correct copy of the foregoing Praecipe to Transmit Record at the address indicated below: James A. Miller, Esquire 6 South 17th Street Camp Hill, PA 17011 Service by: Personal service via hand delivery X Service by First Class, United States Mail, postage pre-paid, mailed at Camp Hill, Pennsylvania, addressed as indicated above Overnight delivery Facsimile service Certified/Registered Mail MARIA P. COGNETTI & ASSOCIATES Date: October 19, 2011 By: /VW." (ill xvv MARIA P. COG TTI, ESQUIRE Attorney I.D. No. 914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF VANESSA R. BARN CUMBERLAND COUNTY, PENNSYLVANIA V. PAUL A. BARN, JR. : NO. 08-5475 DIVORCE DECREE CPO # AND NOW, VA ;S', it is ordered and decreed that VANESSA R. BARN , plaintiff, and PAUL A. BAH N, J R. defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") All claims settled per the attached Property Settlement Agreement, dated September 1, 2011. The terms of the parties' Property Settlement Agreement, which is attached hereto, are incorporated herein but not merged herewith. By the A?test\ J. / j Prothonotary //- Ced ea ealeee? /ot> lq?y ec7qte#- zh? o 9P, add eal -(C> Tice ?