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HomeMy WebLinkAbout08-5505U/ SEP-17-08 02:54 PM DANIEL MI. LOUDE:RMII,K, Plaintiff Vs. AN'CONIA F. LOUI)F.RNIIIX, Defendant ) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. CASE NO.: ??-$ SAS/V/ %/'h7 CIVIL LAW - ANNULMENT 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 ether rights important to you, Including custody or visitation of your children. 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, Carlisle, Pennsylvania. IF YOU 00 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. The (court of Common Pleas of Cumberland County is required by law to comply with the Amercians and 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. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TE=LEPHONE THE OFFICE: SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SE 1 2 Liberty-Avenue Carlisle, PA 17013 Telephone: (717) 749-31_§A BATURIN & BATURIN By: HARRY M. BATURIN, ESQUIRE 2604 N. Second Street Harrisburg, PA 17110 (717) 234.2427 Attorney I.D. No. 83006 P.02 A SEP-17-08 02:59 PM P_ 01 DANIEL N1, LOUDERMIL K, ) IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNA. el f - 5g-15 CASE NO.: 1NTONIA E. LOUDERMILK, Defendant ) CIVIL LAW - ANNULMENT COMPLAINT FOR ANN LMENT AND NONN', this -clay of September 2008, conies the Plaintiff/Petitioner, DANIEL M. LOUDERMILK, by and through his Attorneys, the Law Offices ofR47VRIN dv 11.2 %'l 'RIN, and files this Petition for Annulment and respectfully represents as follows: 1. The Plaintiff is, DANIEL M. LOUDERMILK, an adult individual, sur juris, Who currently I'OSides at 4 Country Side Drive, Carlisle, Cumberland County, Pennsylvania 17013 2, The Defendant is ANTONIA E. LOUDERMILK, an adult individual, sau jams, who currviitly resides at 4 Country Side Drive, Carlisle, Cumberland County, Pennsylvania 1701.1. 3. Plainti If and Defendant have been bona fide residents of tho, Commonwealth of Dunn,,} Iva?aia for at least six (6) months immediately prior to the filing of this Complaint, 4. The Plaintiff and Defendant were allegedly married on June: 12,1991); however, their marriasc i?. void. 5. I;)cfendant/Respondent was married to a third party, Jesus Guerrero, oil January 13, 1986, not the Plaintiff/Petitioner (attached Exhibit "A" Marriage Certificate) at the time she .uul Daniel M. t,oudormilk were allegedly married, specifically, June 12, 1991.). 6. Defendant/Respondent was not divorced from Jesus Guerrero, the third party hereinafter mentioned, at the time that the parties were allegedly married, specifically, June 12, 1999. 7. Defendant/Respondent did not disclose to Plaintiff that Defendant/Respondent was married to a third party, Jesus Guerrero, not the Plaintiff/Petitioner (attached Exhibit "A" Marriage Certificate) at the time that the parties were allegedly married, specifically, June 12, 1999. 8. Defendant/Respondent did not disclose to Plaintiff that Defendant was not divorced from this third party, Jesus Guerrero, at the time that the parties were allegedly married, specifically, June 12, 1999. 9. Plaintiff/Petitioner seeks a legal annulment in that the Defendant/Respondent was not legally divorced to said third party at the time that the parties were allegedly married, specifically, June 12, 1999. 10. The Plaintiff/Petitioner has not participated as a party or witness, or in any other capacity, in other litigation concerning this matter. 11. There has been no prior action for divorce or annulment of the marriage between the parties hereto in this or any other jurisdiction. 12. The parties have two (2) children born to the parties under the age of eighteen (18) years of age. 13. The Plaintiff and Defendant are both citizens of the United States of America. 14. The Defendant is not a member on active duty of the Armed Forces of the United States of America nor any of its allies. 15. Plaintiff requests the Court to enter a Decree of Annulment of this marriage. WHEREFORE, Plaintiff, DANIEL M. LOUDERMILK, requests this Honorable Court to declare this marriage void, the relief requested, and any other relief deemed appropriate, and enter a Final Order granting an Annulment. Respectfully submitted, BATURIN & BATURIN By: %A4-r- (n I ??`^"'vw' Harry M. Baturin Attorney ID #83006 2604 North Second Street Harrisburg, PA 17110 (717) 234-2427 Attorney for Plaintiff Dated: 0q0k VERIFICATION I VERIFY THAT THE STATEMENTS MADE IN THIS COMPLAINT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, BELIEF, AND INFORMATION. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Dated: 1113/09 (SEAL) DANIEL M. LOUDERMILK RACA ** OAKLAND - CIVIL CASE, ACTIONS ** FUNCTION--> DATE /TIf1E : OE ' 29%'0P 14:09 Ai70NIO GUERRERO CASE NUMBER: - S C VS FILE DATE: JESUS GUERRERO CASE TYPE: DISSO. OF MARRIAGE STATUS: N 09/30/99 0001 SUBSTITUTION OF ATTORNEYS OF RESP• FILED 10/12/99 0001 ASSIGNED FCS COUNSELOR: BARBARA CUSHING 10/12/99 0002 ORDER RE ASSIGNMENT OF WAGES RE: CS FILED * 10/12/99 0003 JUDGMENT OF DISSOLUTION, SEPARATION OR. NULLITY - GTD•, PARTIES RESTORED TO UNMARRIED PERSONS ON 10/12/99 (SEE M/O FOR DETAILS) 10/27/99 0001 ORDER & FINDINGS AFTER HEARING OF 10/12/99 FILED (FILMED 11/ 1/99) 01/22/01 0001 SUMMONS FILED, DATE OF SERVICE: 10/02/98 ON JESUS GUERRERO 09/10/01 0001 MOTION TO BE RELIEVED AS CSL BY CARLA PASSERO, ATTY FOR RESP 11FILED OSCF DATE: 10/09/01 TIME: 09:00 DEPT: 014 10/09/01 0001 ORDER GRANTING ATTY'S MTN TO BE RELIEVED AS CSL FOR RESP FILED (FILMED 10/11/01) (CASE CONTINUED ON NEXT PAGE) ENTER KEY = NEXT PAGE PA1 = NEXT CASE F10 = HELP LIST CONTAINS ONLY PROBATE & FAMILY LAW AFTER JUL 15,2001 DOMAIN CONVERSION EXHIBIT "A960 MAO t 73i Vl ti DANIEL M. LOUDERMILK : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff Vs. ANMWza F LaMERMIr.R Docket No. 08=550,; Defendant MOTION FOR APPOINTMENT OF MASTER DANIEL M. LOUDERMILR (Plaintiff) moves the court to appoint a master with respect to the following claims: ( ) Divorce (K) Distribution of Property Annulment () Support O Alimony O Counsel Fees () Alimony Pendente Lite () Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims (s) for which the appointment of a master is requested. (2) The defendant (has) appeared in the action (by his attorney, Linda A_ Clotfelter , Esquire). (3) The Staturory ground for divorce (is) Annulment (4) Delete the inapplicable paragraph(s): a. The action is not contested. c. The action is contested with respect to the following claims: Xnrn-1l ment (5) The action (1000n" (does not involve) complex issues of law or fact (6) The hearing is expected to take 1/2 days). (7) Additional information, if any, relevant to the motion: Date: October 27, 2008?'1? ? 1 Attorney for (PlaintL Print Attorney Name ......... Harry M. Baturin, Fzquire ORDER APPOINTING MASTER AND NOW, , 20 , Esquire is appointed master with respect to the following claims: By the Court: J. CID, ( FT ^-d3 k,4 6 f f^; DANIEL M. LOUDERMILK, ) IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner CUMBERLAND COUNTY, PENNA. VS. CASE NO.: ;?_ SSdS kNTONIA E. LOUDERMILK, . Defendant/Respondent ) CIVIL LAW - ANNULMENT CERTIFICATE OF SERVICE I, Harry M. Baturin, Esquire, of the law firm of Baturin & Baturin, attorney for the Plaintiff in the above captioned matter, do hereby certify that on October 25, 2008 (and prior via personal), I deposited in the United States Mail, Harrisburg, Pennsylvania, by regular surface mail, an article of mail, a clocked-in copy of the Annulment Petition Under Section 3301 of the Divorce Code as follows: Linda A. Clotfelter, Esquire 5021 E. Trindle Road Mechanicsburg, PA 17055 BATURIN & BATURIN By: M. . Harry M. Baturin, Esquire Attorney I.D. 83006 2604 North Second Street Harrisburg, PA 17110 (717) 234-2427 (Attorney for Plaintiff) DATE: October 25, 2008 C" a 3' •' cz? ? r t .«f.. DO C DANIEL M. LOUDERMILK, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 08 - 5505 CIVIL ANTONIA E. LOUDERMILK, : CIVIL ACTION - LAW Defendant : `Y@13Y D f v 0 i" i_ NOTICE TO PLEAD: To: Daniel M. Loudermilk, Plaintiff c/o Harry Baturin, Esquire YOU ARE HEREBY DIRECTED TO PLEAD TO THE NEW MATTER COUNTERCLAIMS WITHIN TWENTY (20) DAYS OF SERVICE OR A JUDGMENT MAY BE ENTERED AGAINST YOU. LAW FIRM OF LINDA A. CLOTFELTER Dated: ! h 1j D b Lief A. Clotfelter, Esquire Atto ey ID No. 72963 50 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile M DANIEL M. LOUDERMILK, Plaintiff, VS. ANTONIA E. LOUDERMILK, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 08 - 5505 CIVIL CIVIL ACTION - LAW : CUS44MY 6 0 v 0'ec.. ANSWER NEW MATTER AND COUNTERCLAIMS AND NOW, comes Defendant, Antonia E. Loudermilk, (hereinafter referred to as "Wife"), by and through her counsel, Linda A. Clotfelter, Esquire, who files this Answer with New Matter and Counterclaims respectfully stating as follows: 1. Admitted in part and denied in part. The identity of Plaintiff is admitted but it is denied that he resides at the address as listed. 2. Admitted. 3. Admitted. 4. Admitted in part and denied in part. It is admitted that the parties were married June 12, 1999, but it is specifically denied that their marriage is void. It is well established in Pennsylvania by 23 Pa.C.S. § 3304 (a) and §1702 that where, as here, a good faith ceremonial marriage is established and there is continued cohabitation in good faith after the removal of the impediment (in this case the prior marriage), the parties were legally married as of the date of the removal of the impediment. Thus, the parties are and have been effectively married since the date of the entry of the divorce decree in terminating Wife's prior marriage on October 12, 1999. It is specifically denied that the parties' marriage is void. 1 y 5. Admitted in part and denied in part. It is admitted that Wife was previously married and remaining allegations of this paragraph are denied. The allegation referring to a marriage certificate attached as Exhibit "A" is also denied as the attachment is clearly not a marriage certificate. 6. Admitted in part and denied in part. It is admitted that Wife's prior divorce was not finalized until after the ceremony between the parties to this action, however, under Pennsylvania Law as stated in paragraph 4, above, the parties are legally married due to their continued cohabitation after the removal of the impediment. See Covington v. Covin on, 421 PA. Super. 328, 617 A2d 1383 (1992 Pa. Super). 7. Denied. At no time did Wife withhold any information from Husband regarding her prior marriage. Furthermore, it was husband who assisted Wife with her divorce from her prior husband and he facilitated her meetings with her attorney on that issue. The reference to "allegedly married" is also decried. The parties were effectively married the day that the impediment was removed as stated above. 8. Denied. See response to paragraph 7, above. 9. Denied. States a conclusion of law to which no responsive pleading is required. 10. Admitted. 11. Admitted. 12. Admitted. 13. Admitted. 14. Admitted. 15. Denied. States a conclusion of law to which no responsive pleading is required. 2 ?r WHEREFORE, Defendant, Antonia E. Loudermilk, respectfully requests that this Honorable Court deny Plaintiff's request for an Annulment; enter an Order for divorce including orders for equitable distribution, alimony pendente lite, counsels fees costs and expenses, and alimony, and granting such other relief as this court deems just and proper. NEW MATTER COUNTERCLAIMS COUNTERCLAIM I - DIVORCE 16. Defendant's responses to paragraphs 1 through 15 above are incorporated herein by reference. 17. The parties obtained a marriage license on May 20, 1999 in the County of Alemeda, Oakland, California. 18. The parties were married by a Roman Catholic Priest on June 12, 1999. 19. Both parties had specific knowledge of the marital status of each at the time of their marriage ceremony. 20. Plaintiff insisted that the marriage ceremony take place when it did and Defendant complied with his request on that issue. 21. Defendant's prior marriage was legally dissolved October 12, 1999. 22. At all times relevant hereto and until 2008, the parties cohabitated. 23. The parties have held themselves out as husband and wife since 1999. 24. The parties have filed income tax returns as husband and wife. 25. The parties own their real estate as tenants by the entireties. 3 26. Pennsylvania Law clearly states that once a good faith ceremonial marriage is establish and the parties continued cohabitation in good faith and after the removal of the impediment of the prior marriage, the requirements of 23 Pa.C.S. § 1.702 (a) and 3304 are met and the parties' marriage is valid under Pennsylvania Law. 27. Defendant avers that the marriage is irretrievably broken. 28. Plaintiff has offered such indignities to Defendant, the innocent and injured spouse, serves to render Defendant's condition intolerable and life burdensome. 29. Plaintiff has committed adultery such that Defendant, the innocent and injured spouse is entitled to an entry of a divorce decree. 30. Defendant has been advised of the availability of counseling and that Defendant has a right to request that the court requires the parties to participate in counseling. Defendant does not desire counseling. WHEREFORE, Defendant respectfully requests that this Court enter a Decree of Divorce; and an order granting such other relief as this Court deems just and proper. COUNTERCLAIM II - EQUITABLE DISTRIBUTION 31. Paragraphs 1 through 30 above are incorporated herein by reference. 32. During the course of the marriage, the parties have acquired both real and personal property and they have incurred various debts. 33. The parties have been unable to agree as to the equitable distribution of their marital assets and debt. 4 34. Defendant asks that this court equitably distribute the parties' marital property as well as their marital debt. WHEREFORE, Defendant respectfully requests that this Court enter a Decree of Divorce; an Order of Court equitably distributing the parties' marital property and debt; and an Order of Court granting such other relief as this Court deems just and proper. COUNTERCLAIM III - ALIMONY 35. Paragraphs 1 through 34, above, are incorporated herein by reference. 36. Defendant lacks sufficient property to provide for his reasonable needs. 37. Defendant is unable to sufficiently support himself through appropriate employment. 38. Plaintiff has sufficient income and assets to provide continuing and indefinite support for the Defendant. WHEREFORE, Defendant requests this Honorable Court enter a Decree of Divorce; an Order of Court compelling the Plaintiff to pay alimony to the Defendant; and an Order of Court granting such other relief as this Court deems just and proper. COUNTERCLAIM IV - ALIMONY PENDENTE LITE, COUNSEL FEES, COSTS AND EXPENSES 5 39. Paragraphs 1 through 38, above, are incorporated herein by reference. 40. By reason of the institution of the action to the above term and number, Defendant will be and has been put to considerable expense in the preparation of her case, in the employment of counsel, and the payment of costs. 41. Defendant 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 pendency of this action. 42. Defendant's income is not sufficient to provide her reasonable needs to pay her attorney's fees and the costs of this litigation. 43. Plaintiff has adequate earnings to provide support for the Defendant and to pay her counsel fees, costs and expenses. WHEREFORE, Defendant respectfully requests this Honorable Court enter a Decree of Divorce; an Order of Court equitably distributing the parties' marital property and debt; an Order of Court compelling the Plaintiff to pay alimony, alimony pendente lite, counsel fees, costs and expenses; and granting such other relief as this Court deems just and proper. COUNTERCLAIM V - ESTOPPEL 44. Paragraphs 1 through 43, above, are incorporated herein by reference. 45. The parties have lived together as husband and wife for a period and excess of nine years. 46. Defendant has relied upon the parties' marriage and the benefits it confers. 6 47. Despite Plaintiff's personal knowledge of the facts, Plaintiff did not raise the issue of the potential invalidity of the parties' marriage for approximately nine (9) years. 48. Plaintiff is estopped from denying the validity of the marriage after participating in the ceremony but to continuing to retain the benefits that the status of marriage confers until it no longer suits his convenience. 49. Plaintiff is estopped from raising the invalidity of the parties' marriage. WHEREFORE, Defendant respectfully requests that this Court enter a Decree in Divorce; an Order of Court equitably distributing the parties marital property and debt; an Order of Court compelling the Plaintiff to pay alimony, alimony pendente lite, counsel fees, costs and expenses; an Order determining that Plaintiff is estopped from contesting the validity of the parties' marriage due to the equitable doctrine of Estoppel; and an Order granting such other relief as this Court deems just and proper. LAW FIRM OF LINDA A. CLOTFELTER Date: f 5 7 5021 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 Attorney for Plaintiff (717) 796-1930 Telephone (717) 796-1933 Facsimile DANIEL M. LOUDERMILK, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA VS. :NO. 03-T;0!1 CIVIL ANTONIA E. LOUDERMILK, : CIVIL ACTION - LAW Defendant :CUSTODY VERIFICATION I, ANTONIA E. LOUDERMILK, verify that the statements in the foregoing ANSWER WITH NEW MATTER AND COUNTERCLAIMS are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: ANTONIA E. LOUDERMILK, Defendant 8 r l Y '?? } ray c,, Gvv , E3 DANIEL M. LOUDERNIILK, Plaintiff, VS. ANTONIA E. LOUDERMILK, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 08 - 5505 CIVIL CIVIL ACTION - LAW DIVORCE Prior Judicial Assignment: None to this docket, however, the Honorable Judge Edward E. Guido is assigned the parties' custody proceeding (See paragraph 4) Concurrence/Nonconcurrence: No concurrence (See paragraph 6) EMERGENCY PETITION FOR EXCLUSIVE POSSESSION OF MARITAL HOME AND NOW, comes Defendant, Petitioner, Antonia E. Loudermilk, by and through her counsel, Linda A. Clotfelter, who files this Emergency Petition for Exclusive Possession of Marital Home, respectfully stating and support thereof the following: 1. Petitioner is Antonia E. Loudermilk, (hereinafter "Wife") an adult individual who resides at 4 Countryside Drive, Carlisle, Cumberland County, Pennsylvania 17013, (hereinafter the "Marital Residence.") 2. Respondent is Daniel M. Loudermilk, (hereinafter "Husband"), an adult individual who has until very recently resided at 520 Meadow Croft Circle, Mechanicsburg, Cumberland County, Pennsylvania, 17055. His personal property remains at that address. 3. The parties are the parents of two (2) minor children, namely, Ricardo L. Loudermilk and Erik A. Loudermilk, both age 8 years having been born March 21, 2000. 4. The parties to this divorce proceeding have related custody litigation filed to civil docket number 07-4832. The Order of Court for child custody was executed by the Honorable Judge Edward E. Guido. 5. As per the Order of Court for child custody, Wife is the primary custodial parent and the children have lived with Wife and her children from a prior relationship at the Marital Residence continuously since the home was purchased in December, 2005. 6. Due to the hostile environment in the Marital Residence and the damage that it may cause to the parties' children, Wife seeks an Emergency Order for Exclusive Possession of the Marital Residence. Husband does not concur with this Emergency Petition per teleconference with counsel. 7. The Marital Residence is jointly titled to the parties by Deed dated December 5, 2005 and recorded in the Office of the Recorder of Deeds of Cumberland County in Deed Book 272, Page 1391. 8. Despite extreme discord between the parties due to Husband's infidelities, Husband refused to leave the Marital Residence until Wife executed a Custody Stipulation and an Agreement regarding exclusive possession and the mortgage on the property. 9. On October 5, 2007, the parties executed an Agreement stating that Wife would have exclusive possession of the Marital Residence (hereinafter the "Agreement"). A true and correct copy of the Agreement (emphasis added) is attached hereto as Exhibit "A" and is incorporated herein. 10. Husband left the Marital Residence in October, 2007, fifteen (15) months ago, although the Agreement designated a period of six (6) months for exclusive possession by Wife. 11. The Agreement specifically states that Husband "shall be fully responsible for the monthly payment due on the mortgage loan secured by the Family Residence until the parties' complete resolution of their economic issues related to their separation." (emphasis added.) 1 12. The Agreement also states that Husband is entitled to full credit for the mortgage payments made after the date of filing in a child support proceeding or the Agreement shall be null and void. 13. In the beginning of January Wife was told by her employer that they were reducing her work hours. 14. Due to the involuntary reduction in work hours, Wife had to file for child support and spousal support. 15. The child support and spousal support conference is scheduled for tomorrow, January 29, 2009 at 8:30 a.m. 16. This past weekend, while Wife was in California visiting her dying Mother, Husband moved back into the Marital Residence. 17. Husband also moved into the Marital Residence his mother, (hereinafter the "Paternal Grandmother"), who has a home in California and has resided there until now. 18. Paternal Grandmother told Wife that the lawyer told her to move into the Marital Residence. 19. Paternal Grandmother sleeps in the playroom in the Marital Residence, but leaves each morning with Husband who takes her to his home situate at 520 Meadow Croft Circle, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 20. When Wife arrived at the Marital Residence from her California trip on Monday, she locked herself in her bedroom (the master bedroom) only to have Husband repeatedly unlock the door to her room, enter the room, taunt her, and refuse to leave. 2 21. Wife believes that Husband has returned to the Marital Residence to thwart Wife's Complaint for child support and spousal support. 22. Wife also believes that Husband's conduct is meant to bully her and coerce her into conceding the economic claims she filed in the divorce. 23. Husband told Wife's adult son Danny, who lives in the Marital Residence, that Husband would not have moved back into the residence if Wife had "cooperated". 24. Husband insisted on putting the few articles of clothing that he brought with him into the master bedroom and he has also insisted on showering there, despite the fact that there are four (4) bathrooms in the home. 25. The parties had not shared a bedroom since well prior to the time Husband left the Marital Residence in October, 2007. Prior to that time Wife slept in the master bedroom and Husband slept in a guest room. 26. Husband has not moved any of his furniture from his home in Mechanicsburg to the Marital Residence. 27. Husband had previously tried to bully Wife and force into an unfair settlement of the parties economic claims. 28. Throughout negotiations in the divorce proceeding, whenever Wife would reject an aspect of Husband's settlement proposals, counsel for Husband would threaten that Husband "will then just move back into the marital residence." 29. When Husband left the Marital Residence fifteen (15) months ago, he lived in a rented townhouse. 30. Husband then moved to a new townhome at 520 Meadow Croft Circle, 3 Mechanicsburg, Cumberland County, Pennsylvania, 17055, in July, 2008. 31. Husband has sufficient income and assets for alternative housing. 32. Husband's gross annual income more than one year ago exceeded $121,000.00. 33. Husband has had a six-figure income for a number of years. 34. Husband also took all of the parties' available funds, approximately $30,000.00, including the parties' certificate of deposit for $20,000.00, leaving Wife a balance of $4.33 in their joint account on August 28, 2007. A true and correct copy of the parties' joint bank account statement for August, 2007 is attached hereto as Exhibit "B" and is incorporated herein. 35. Husband continues to have control of the marital funds he removed from the accounts in August, 2007. 36. Wife cannot afford to move from the Marital Residence at this time. 37. Wife does not have any savings and in fact she has had to sustain herself and her children using post separation credit card accounts. 38. Wife earns $10.35 per hour at Walmart. As stated, her hours were very recently reduced by her employer and although the intent is to have the reduction in hours be temporary the duration is uncertain. 39. Wife is seeking new employment, but she had not found any to date and continues to work at Walmart. Her employment prospects are dismal. 40. Wife has no family in Pennsylvania and does not have connections locally for alternative housing. 4 41. It is anticipated that Wife will have sufficient funds to find alternative housing after the Order for Equitable Distribution and other economic relief is entered in the parties' divorce proceeding. 42. Husband's efforts to coerce Wife included his filing of a Protection from Abuse Complaint in August, 2007, that was dismissed by the Honorable Judge Edgar Bayley after hearing on August 31, 2007. A true and correct copy of the Order of Court dismissing the action is attached hereto as Exhibit "C". 43. Husband had Paternal Grandmother, personally served Wife with the Protection from Abuse Complaint, while Wife was visiting family in California. 44. Wife believes that Husband is again using Paternal Grandmother to coerce her into conceding on divorce related issues in having her move into the Marital Residence. 45. Despite the meritless nature of the Complaint for Protection from Abuse filed by Husband, the temporary Order had Wife excluded from the Marital Residence. 46. Wife had to borrow money to live in a motel with her children from a prior relationship pending the dismissal of the frivolous Protection from Abuse Complaint. 47. The parties have had a very volatile relationship since August, 2007, and much of their communication has occurred through their legal counsel. 48. Because of the nature of their relationship, Husband's infidelities, lies, and his multitude of attempts to manipulate Wife, she fears for her safety and well-being in the same household with Husband. 49. Wife is most concerned with the potential negative affect of the hostile home environment on their children. 5 50. Wife believes that the parties' relationship will deteriorate under the strain of the hostile home environment and she believes that it will progress to the point of intolerability. 51. For the many reasons stated herein, Wife believes that Husband is the better party to vacate the martial residence. 52. Wife believes she should be granted exclusive possession of the marital residence as: a. Wife is the primary caretaker of the children; b. Wife's sole possession of the marital residence will promote the emotional and mental health and welfare of herself and the children; C. Husband already has alternative housing; d. Husband has ample financial resources to find additional housing for himself if necessary; and e. Husband's conduct is clearly designed to coerce Wife into conceding on issues related to the parties' divorce which should not be tolerated by the Court. 53. Pennsylvania's Divorce Code at 23 Pa. C.S. §3502 (c) specifically provides: "The Court may award, during the pendency of the action or otherwise, to one or both of the parties the right to reside in the marital residence." See also Laczkowski v. Laczkowski. 496 A.2d 56 (Pa. Super. Ct. 1985); Otteni v. Otteni. 45 Pa. D. & C.3d 40 (1987); McGinnis v. McGinnis, 7 Pa. D. & C.4t' 58 (1990); Merola v. Merola, 19 Pa. D. & C.0 538 (1993); C a pell v. Chappell, 81 pa. D. & C.4t' 235 (2007). WHEREFORE, Defendant Wife requests this Honorable Court to enter an Order, awarding to Defendant Wife, the right to solely occupy the marital residence until such time as the Court makes equitable distribution of the marital property of the parties. 6 Respectfully submitted, Date: I J) e) / U LAW FIRM OF LINDA A. CLOTFELTER L' da A. Clotfelter, Esquire A orney ID No. 72963 .5021 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile Attorney for Petitioner 7 DANIEL M. LOUDERMILK, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 08 - 5505 CIVIL ANTONIA E. LOUDERMILK, : CIVIL ACTION - LAW Defendant : DIVORCE VERIFICATION I, ANTONIA E. LOUDERMILK, verify that the statements in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: //"/ d ANTONIA E. OUDERMILK 7 AGREEMENT This Agreement is made this 5' day of October, 2007, between ANTONIA E. LOUDERMILK, (hereinafter referred to as "Antonia") and DANIEL X LOUDERNIILK, (hereinafter referred to as "Daniel"). WITNESSETH: WHEREAS, Daniel and Antonia acknowledge their separation and intended termination of their marriage; and WHEREAS, Daniel and Antonia wish to confirm their respective rights and obligations related to the monthly mortgage payments and other expenses for the family residence situate at 4 Country Side Drive, Carlisle, Pennsylvania (hereinafter the "Family Residence"); and WHEREAS, Daniel and Antonia acknowledge that Daniel's income is significant and Antoma's income is minimal; and 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, Daniel and Antonia, each intending to be legally bound hereby, covenant and agree as follows: Daniel shall move from the Family Residence within fourteen (14) days of the date of execution of this Agreement. 2. Antonia shall heEve cwhmw use of the Fammly Readeaee I pe dmg the parties' . cxaolee rewhdion of theme economic imee rimed to their Sian fiw? a period of time not to exca ed sbr (6) mved from do dates of ' of tl Agreement. Daniel shall give Antonia twenty-four (24) hours' notice prior to entering the property for the purposes of inspection and maintenance and he shall be provided keys for same. 3. Daniel shalt be fly respondWe for Ow nxmft poymmi, does on the nwr*W loan; secured by the Family R=d== u dd do paatiaat'` ooa *p -. nwhoon of their; wommic imes related to their sepa0a wmf Antonia shall be fully responsible for the other ordinary expenses related to the Family Residence such as utilities, upkeep and general maintenance and both parties shall be responsible for major repairs or renovations, if necessary. In the event either party files for child support, then the c>h! *r m ft child suppad pwoceiing AM be g fa we* in the child sit dde -- . 'on for mor%W payuMs as dw Fan* Rea &xoe mmk,abr the date of filang of the child suppm ©ougd" or in the q this Agnsmum shall be nail ad void. -1- 4. The parties agree that the documentation of the final, complete resolution of disputed issues between the parties shall include the references of "Husband" and "Wife". 5. The parties agree that this Agreement shall forever be governed by the Laws of Pennsylvania and the terms of this Agreement shall be binding upon their heirs, successors, executors, administrators and/or assigns. 6. No modification or waiver of any of the terms hereof shall be valid unless made in writing and signed by both of the parties. 7. 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 shall continue in full force, effect and operation. IN WITNESS WHEREOF, and intending to be legally bound hereby, the parties hereto have hereunto set their hands and seals the day and year first above written. WITNESSES: ?-ANTONIA E. LO RMILK DANIEL M. LOUDERMILK -2- .Commerce C018402INYIN00001578 DANIEL M LOUDERMILK ANTONIA LOUDERMILK 4 COUNTRYSIDE DRIVE CARLISLE, PA 17013 Commerce Bank/Harrisburg N.A. P.O BOX 4989 Harrisburg, Pennsylvania 17111-0899 1-888-937-0004 We're here 7 days a weep 24 hours a day at I-888-937-OW. Transactions By Date Date Description 0712.7/07 VUTHDRL tOA '1923 07127 Debit Credit Balance 08:3320 .E BLVD CAJVJS "f PA $300.08 ;1,843.85 07127/07 CHECK 4 1349 07130/07 POSIDEINT 9Tf8T 4M $36.00 $1,90TS5 C.iSLE "PIKE<I3URG PA 57.38 31,900 47 07/30107 CKCD DEBIT 07129 SHEETZ 0000CARLISLE PA $26'00 $1,87447 11/?410T CK#r" FltBli .S'17F LUKE X1;3 ;81< 08/01/07 AC-RAC BROOKS PHARM-PAYROLL 08101/07 CKGL3 DI=BIT?Q611i4 TWX.s?L $2,600.04 $4,398.90 SERIIIC) Q#•S3?t NY 814:85 $4,381.#18 08/01/07 CKCD DEBIT 07/31 GIANT FOOD .< #1288 CAMP HILL PA $77.29 54,364.ee 1 .w. CKCE}.DEBfT A9t88i?lEitL.MiK t'F ; iWit Ci ..: 56432 84,310 44 00103107 CKCD DEBIT 08!02 GRC•PROACTIV SOLUTWO-235-6050 CA $?'? $4,281.79 08!06(87 COMM.. 08106/07 AC-AMERICAN EXPRESS-ELEC REMIT - 00 STt31.79 iI8106A1l7 CIICD;t1E$Ft S? $200.00 $561.78 6& Pik 579 5863.26 08/08107 CKCD DEBIT 08105 QUIZNOS SUB 6301 CARLISLE PA $12.78 $541 06/06107 CKCD DEBIT 88101) TURXEY k11LL am In PA: S488.81 08109107 WTHDRL DDA 4214 08108 20:2120 NOBLE BLVD CARLISLE PA 160.00 $43a.81 009 Cycle NOTE! SFF RFVFRCC cane c^n u¦n?e ...? Page 1 OT 4 'Gommerce CIS** Transactions By Date Date Description Debit Credit Balance 08"/07 CKCD DEBIT 08108. SUNOCO SYC $30.02 $408.79` STATIONCAMP HILL PA 08H0107 CKCD DEBIT 08108 WAL-MART $41.41 $367.38 #I2574 CARLISLE PA 08!13107 CKCD CREDIT 08/`11 WAL-MART $14M $389:43 #1888 MECHANIMUR PA 08/13/07 CKCD DEBIT 08110 COLISEUM $26.00 $355.43 ENTERTAINCAMP HILL PA M43M7 CKCDDEBIT 08H1 WAL_MART $30.45> $324.98 #1888 >MECHANICS BUR; PA M13107 CKCD DEBIT 08112 SHEETZ $34.78 $290.20 0000CARLiSLE PA 0W 13W CKCQ DEBIT :08YW AJOW .OIL 540 80' MMARLISLE PA . 5248,40 08113107 CKCD DEBIT 08111 WM $45.73 $203.67 SUPERCENTER CARLISLE PA 08113W CKCD DEBIT' 08T'f#'fgYL0ft---;: $IU.?I8< 389;19 RENTAL CA EPA 08/15/07 AC-RAC BROOKS PHARM-PAYROLL $2,600.05 $2,689.24 88!18!01 CC1U?TER1MfHMW ilt •8D `; 31,169 24 .:: 08117/07 AC-AMERICAN EXPRESS-ELEC REMIT $ 632 .15 $557.09 3819.37 08/20107 POS DEBIT 06/19 $7.38 $511.99 3201 TRINDLE RD CAMP HILL PA STORE 'vii $7.08 3WAS $502.37 08120107 CKCD DEBIT 06118 QUMNOS SUB 6301 CARLISLE PA 14 : 121/07 KC00ESIT TIC ROYERSZ?T IC B ION IAA 08!23107 CKCD DEBIT 08121 ESPN ZONE- BALTiMORBALTIMORE MD 08124107 CKCD DEBIT 08123 QUIZNOS SUB OF MECMECHANICSBURGPA 018402WY1N00001578 $47u.3s ', $417.32 r, :371:66 =345 66 $18.00 $327.86 tl1?:80 ' . 5287.66 <: $15 64 $212.02 Page 2 of 4 08HZa07 CKCD DEBIT 08118 3HEETZ $53.08 0000CARLISLE PA Commerce Clem* Transactions By Date Date Description Debit Credit Balance 09V/07 CKCD DEBIT 0822 HESS 38422 $38.00 S174A2 ETTERS PA 08/27107 CKCD DEBIT 08126 WAL-MART 91886 MECHANICSSUR PA $58.44 $114.58 Check T ransactions Number Date Amount Number Date Amount Number Date Amount 1349 0717 $36: 0:; - . 1106606" 08116 $1,500.00 ,40m1' 01i/Q6 su".00 Items denoted with an "E" are electronic entries and will not have a check image. COMMERCE BANK OFFERS STUDENT LOAN ASSISTANCE THROUGH CAMPUS DOOR. VISIT US AT COMMERCEPC.COM AND CLICK ON PERSONAL BANKINGICONSUMER LOANSIEDUCATION. 01"WINVIN00001576 Page 3 of 4 0164021NY1N000ois7s F oAOM t,OLVOWM A 1349. AMMOIMALouoepmmx .. .. . 4QauwrtoFOR amf ..CAMA" nsu . T as(e1 o D' 00- dff l I].ti 1 $ ?(???? 36.oe, For" ` >`- ?:0 3 130 18 4 64: 53 713474 40 3349 +'0000003900,r unec K 134U, $3b.00 Date Presented 07/27/2nn7 do MEADE 01862921 5 4 , ,«...: S3-7 IS LI -7y21 71.33M, 1061210'$ 14 M3 A'5 0 0.0 0 antlro 91twrim) 33. 1.00 164 1 EEIM 3 r03a6292ir r, 5029»•01844 Page 4 of 4 Date 08/2312007 Account lmm? y? EOF 01108806 1 nine Imo & AM- 7 ODiLOSSOCM C5029W0 L848 t.nec K 1-(uaijub, U ,bUU.oo Date Presented 08/16/2007 Check 1862921, $3,500.00 Date Presented 08106/2007 Commerce Bank M484NNY2N00020M DANIEL M LOUDERMILK 4 COUNTRYSIDE DRIVE CARLISLE, PA 17013 We're here 7 days a week, 24 hours a day at I-888-937--0004, Transactions By Date ,. % Date Description I07t"W DEPOSIT Debit Credit Balance 07131107 INTEREST PAYMENT Ile 3?Z 14085 $0623 $2,141.18 08131107 INTEREST PAYMENT 1 4A. T a? a ?. -!T#lDRAU $0.73 $22,141.91 '> 09112/07 WHORL SAV 118406/12 06:44 223,41191' 1249 MARKET STREET LEMOYNE PA $20.00 $21,421.91 091E2/67 >ffR$'i1l1tDII!flrt,, q MlA 00" "I"Wr NEi?ilE.. r3;Db0 90 18421.91: 09/14107 WITHDRAWAL 2 0 , 8etfi$!g7 , 00 00 $16,421.91 $r>:? PA .: . MW $1$,121A1 09119/07 WTHDRL SAY 2568 09118 06:28 1249 MARKET STREET LEMOYNE PA $20.00 $16,101.91 0864107 W V 11. 182 , ' ? DtC PA $1b961.91 09130107 INTEREST PAYMENT $3.77 $15,965.68 Interest Summary Commerce Bank/Harrisburg N.A. P.0 BOX 4999 Harrisburg, Pennsylvania 17111.0999 1-888-937-0004 051 Cycle "Gommerce Bank 01"021WIN00004114 DANIEL M LOUDERMILK 4 COUNTRYSIDE DRIVE CARLISLE, PA 17013 Commerce Bank/Harrisburg N.A. P.O BOX 4999 Harrisburg, Pennsylvania 17111-0999 1-888-937-0004 We're hen 7 days a weep 24 hours a day at 1-888-937.0004. TOTALLY FREE CHECKING OM782 Statement Balance as of 08127107 51,285.87 Plus 4 Depimiftaw lWto Crett" $10,837.74 LASS 25 Ctjaeks and Other Debks $tolernenl BatanC;e.as of t?5/07 58.898:'1'# $3,127.60 Transactions By Date 08130107 CHECKS 1014 . : ::::::::....:::::; ...:..........? :.:: ... 5144.00 $5,147. 89 09104!07 AC-VZ WIRELESS ARC -ARC . ... CK4000000000001017 $188.92 $4r878.97 x110418}. °AC•CI#r f` •CEIECICPY IT tt•8b0069t>BOOQ 1ty8 71 1 Q7 :$87.110 09104107 CHECKS 1019 09106107E.EIr I'L $837 .90 $1,970.00 09/05107 CHECKS 1020 OH1?7J0TGICfF107 : $134 00 $1,636.00 09107107 CHECK S 1021 Stlii.8 57,881.80 $100.00 $1,481.00 09110107 CKCD DEBIT 08/08 RADIOSHACK ` . COR0012HARRISBURG PA 157.22 $1,123.78 007 Cycle L.-.- --- -- Page 1 of 3 'commerce Ole** Transactions By Date Date Description Debit Credit Balance $6,840.59 $6,740.50 29.02 $3{488.31 $3,490.93 09118107 AG-0irecTV -LouiswCliECKP'lF : $67.42 CK4000QOOOOpQ1029 $3,403.51 0810/07 AC-CAPITAL ONE ARC -CHECK PYMT $100.00 . CK-000000000001031 $3,303.51 09/11!07 AC-RHstate P&C Ms-CHECll1y74 IT X01 53,267.60 ` CICDtlOOOtf103Z 09124107 WTHDRL DDA 2810 09!23 1*41 $40.00 65 ASHLAND AVE CARLISLE PA $3,227.50 $3,727.50 1014 08130 $144.00 1021 08107 $100.00 1029 09118 $87 42 its 0!194 '(l7 wit GBH . E .. ADDI E. (4" 08180 $lQ0.00 E 1017 09104 $168.92 E 1024' 09107 $55.00 1032 09121 $36.01 E 10 T8 ': i>13! $100.IS it12 T .:.: g!':S'? E `. 1018 09f04 $637.90 1027' 09114 ......................::.:::.: $96.13 Items denoted wNh an "E" are electronic entries and grill not have a check image. 01e402INYIN000a1114 NAT0. cee oc.icocr e,nc e^n Page 2 of 3 DANIEL MYRON LOUDERMILK, Plaintiff V. , ANTONIA ELSA LOUDERMILK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-4976 CIVIL TERM ORDER OF COURT AND NOW, this 31st day of August, 2007, the petition for the entry of a protection from abuse O-,dear, _LS QZSMISSED. The temporary order entered on Au,9,,ds't 31, 2P1V; ,T'S' VACATED. y the C ar B. Bayley, Grace D'Alo, Esquire For Plaintiff Linda A. Clotfelter, Esquire For Defendant Sheriff prs CK M RECO "M of at , Pa, ?21Z ,4 DANIEL M. LOUDERMILK, Plaintiff, VS. ANTONIA E. LOUDERMILK., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 08 - 5505 CIVIL CIVIL ACTION - LAW DIVORCE CERTIFICATE OF SERVICE AND NOW, on this date, the undersigned hereby certifies that a true and correct copy of the foregoing Emergency Petition for Exclusive Possession of Marital Home was served upon the interested parties by facsimile and United States First Class Mail, postage prepaid, addressed as follows: Dated: 1W/0 Harry Baturin, Esquire 2604 N. Second Street Harrisburg, PA 17110 5 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile Attorney for Petitioner _a i 1*01 unequivocal language that possession was for 6 months and same was only agreed to in order to foster settlement. 9. Denied. Husband "leaving the home" was independent of the Custody Stipulation and any "agreement regarding possession of the property" was solely for the purpose of fostering a settlement in this matter. By way of further answer, there is unequivocal language that possession was for 6 months and same was only agreed to in order to foster settlement. 10. Denied. 11. Denied. An accurate reading of the Agreement states Husband is responsible for the mortgage, but not exclusive possession. 12. Admitted. 13. Neither Admitted nor Denied. Strict proof thereof is demanded at time of trial. 14. Neither Admitted nor Denied. Strict proof thereof is demanded at time of trial. 15. Neither Admitted nor Denied. Strict proof thereof is demanded at time of trial. 16. Neither Admitted nor Denied. Strict proof thereof is demanded at time of trial. By way of further answer, Wife raised the allegations that her mother was dying on three separate occasions; one of which took place via an Emergency Custody Petition which was filed by Wife and denied by the Honorable Judge Guido and which was an attempt to forcibly change Husband's holiday visitation schedule without prior notice to Husband. 17. Admitted. 18. Denied. 19. Denied. 20. Denied. Husband never repeatedly unlocked the door to Wife's bedroom, entered the room, taunted her, and refused to leave. 21. Denied. By way of further answer, Husband was of the understanding that no child support would be filed for by Wife inasmuch as Husband paid the full mortgage payment and Wife has extremely poor credit and Wife intimidated that she would not pay the mortgage. Therefore Husband moved back into the marital home to pay the mortgage and maintain the residence and preserve their credit. 22. Denied. Husband made numerous attempts in writing to settle the matter. 23. Denied. By way of further answer, Wife has several adults living) in the marital residence (one of which she admits in this averment) without Husband's permission and which adults have mistreated the home and the home is now left in a resulting state of disrepair. 24. Neither Admitted Nor Denied. Strict proof thereof is demanded at time of trial. 25. Denied. 26. Denied. 27. Denied. By way of further answer, Husband was of the understanding that no i child support would be filed for by Wife inasmuch as Husband paid the full mortgage payment and Wife has extremely poor credit and Wifq intimated that she would not pay the mortgage. Therefore Husband moved back into the marital home to pay the mortgage and maintain the residence and preserve their credit. 28. Denied. 29. Admitted. 30. Denied. 31. Denied. 32. Denied. 33. Neither Admitted Nor Denied. Strict proof thereof is demanded at time of trial. 34. Admitted in Part. Denied in Part. Husband used said funds to m ' tain the marital home and to pay off wife's personal debt. 35. Admitted in Part. Denied in Part. Husband used said funds to maintain the marital home and to pay off wife's personal debt. 36. Neither Admitted Nor Denied. Strict proof thereof is demanded at time of trial. 37. Neither Admitted Nor Denied. Strict proof thereof is demanded t time of trial. 38. Neither Admitted Nor Denied. Strict proof thereof is demanded t time of trial. 39. Neither Admitted Nor Denied. Strict proof thereof is demanded aft time of trial. 40. Neither Admitted Nor Denied. Strict proof thereof is demanded at time of trial. i 41. Neither Admitted Nor Denied. Strict proof thereof is demanded at time of trial. 42. Neither Admitted Nor Denied. Strict proof thereof is demanded at time of trial. 43. Admitted. 44. Denied. Paternal grandmother and Wife have a close relationship. 45. Neither Admitted Nor Denied. Strict proof thereof is demanded t time of trial. 46. Neither Admitted Nor Denied. Strict proof thereof is demanded at time of trial. 47. Neither Admitted Nor Denied. Strict proof thereof is demanded at time of trial. 48. Denied. Husband is most concerned with the potential negative ffect of the hostile home environment on their children. 49. Neither Admitted Nor Denied. Strict proof thereof is demanded t time of trial. 50. Neither Admitted Nor Denied. Strict proof thereof is demanded at time of trial. 51. Neither Admitted Nor Denied. Strict proof thereof is demanded atj time of trial. 52. Neither Admitted Nor Denied. Strict proof thereof is demanded a? time of trial. Wherefore, the Plaintiff, DANIEL M. LOUDERMILK, hereby respectfully requests this Honorable Court to deny Defendant's Emergency Petition for Exclusive Pos ession of Marital Home and enter an Order granting exclusive possession of the marital h me to the Husband, Daniel M. Loudermilk, Plaintiff herein. Respectfully, BATURIN & BATURIIN By: HARRY M. BAT , ESQUIRE #8300 Attorney ID 2604 North Second Street Harrisburg, PA 17 10 (717) 234-2427 Attorney for Dated: 0 ?L• I °J, VERIFICATION I VERIFY THAT THE STATEMENTS MADE IN THIS COMPLAINT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, BELIEF AND INFORMATION. I UNDERSTAND THAT FALSE STATEMENTS HE IN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA.C.S. §4904 RELATIN TO UNSWORN FALSIFICATION TO AUTHORITIES. Dated: 74'z<- q " i,Z ? DANIEL M. LOUDERMILK DANIEL M. LOUDERMILK, Plaintiff VS. ANTONIA E. LOUDERMILK, Defendant IN THE COURT OF CO MON PLEAS CUMBERLAND COUNT , PENNA. CASE NO. 08-5505 CIVIL CIVIL LAW LAW - DIV RCE CERTIFICATE OF SERVICE I, HARRY M. BATURIN, of the Law Firm of Baturin & Baturin, Plaintiff in the above captioned matter, do hereby certify that on oal, in the United Stated Mail, at the United States Post Office, an article of F containing Plaintiff's Response to Defendant's Emergency Petition for E: Marital Home addressed to: Linda A. Clotfelter, Esquire 5021 E. Trindle Road Mechanicsburg, PA 17055 Attorney for Defendant Dated: 0 IWO Q? BATURIN & BB?ATTURIN (Y?' By: HARRY M. BA Attorney I.D. #83006 2604 North Second S Harrisburg, PA 1711 (717) 234-2427 Attorneys for Plainti for the _, I deposited s Mail Possession of ox- , ESQUIRE ?,.? ? ,. _. ?, _ ^? 4w -.... ?-?T A ??? ?t ??, P?7 1 ?w ? a`+Y ?t C.?V :.? .„ DANIEL M. LOUDERMILK : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA. Plaintiff Vs. nrrrr TAE TAME Mrr.x Docket No. 08-5505 Defendant MOTION FOR APPOINTMENT OF MASTER DANIEL M. LOUDERMILK (Plaintiff) moves the court to appoint a master with respect to the following claims: () Divorce ( Distribution of Property ju? Annulment () Support {) Alimony () Counsel Fees O Alimony Pendente Lite O Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims (s) for which the appointment of a master is requested. (2) The defendant (has) appeared in the action (by his attorney, Linda A 1 o f 1 r Esquire). (3) The Staturory ground for divorce (is) Annulment (4) Delete the inapplicable paragraph(s): a. The action is not contested. c. The action is contested with respect to the following claims: Anrn i 1 Mont (5) The action (HKKRVA4 (does not involve) complex issues of law or fact (6) The hearing is expected to take 1/2 days). (7) Additional information, if any, relevant to the motion: Date: October 27, 2008 ffit Attorney for (Plaint) Print Attorney Name ......... Harry M. Baturin, Esquire ORDER APPOINTING MASTER AND NOW, -tea , 20 o c l . Z Esquire is appointed master with res t to the following claims:_,a,&, By the C ` j1r - \ J. s ?-.??? 51M C-n JAN 23, 2C99? DANIEL M. LOUDERMILK, Plaintiff, VS. ANTONIA E. LOUDERMILK, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 08 - 5505 CIVIL : CIVIL ACTION - LAW : DIVORCE ORDER )? -- OR -- AND NOW, thiN day of , 2009, a hearing is scheduled on Defendant's Emergency Petition for Exclusive Possession of Marital Home to be held at Cumberland County Courthouse on the (0*4N day of , 2009 at /•60 Ok.m., in Courtroom Number .3-. Edward E. Guido, Judge Distribution: ,Harry M. Baturin, Esquire, Attorney for Plaintiff .inda A. Clotfelter, Esquire, Attorney for Defendant, ?l • 3 QTR " q " j J$ a6 wn S L01 nV DANIEL M. LOUDERMILK, Plaintiff/Respondent VS. ANTONIA E. LOUDERMILK, DefendanVMovant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 08 - 5505 CIVIL CIVIL ACTION - LAW DIVORCE MOTION TO SCHEDULE HEARING AND NOW, comes, Defendant, Antonia E. Loudermilk, by and through her counsel, Linda A. Clotfelter, Esquire, and files this Motion to Schedule Hearing, respectfully stating in support thereof the following: 1. Movant is Antonia E. Loudermilk, (hereinafter "Wife") an adult individual who currently resides at 10 Countryside Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. Respondent is Daniel M. Loudermilk, (hereinafter "Father"), an adult individual who resides at 520 Meadow Croft Circle, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. Respondent initiated this proceeding by filing a Complaint for Annulment on or about September 17, 2008. 4. Movant filed an Answer with New Matter Counterclaims raising a claim for alimony pendente lite on December 15, 2008. 5. Movant now seeks to have her claim for alimony pendente lite heard by the Court. WHEREFORE, Movant, Antonia Loudermilk respectfully requests that this Honorable Court enter an Order referring this matter to the Domestic Relations Section for a hearing/conference on Movant's claim for alimony pendente lite and granting such other relief as this court deems just and proper. Respectfully submitted, LAW FIRM OF LINDA A. CLOTFELTER Date: ,3 i o 0 y: L' a A. Clotfelter, Esc A rnev ID No. 72963 51M East Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile Counsel for Movant DANIEL M. LOUDERMILK, PlaintifVRespondent VS. ANTONIA E. LOUDERMILK, Defendant/Movant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 08 - 5505 CIVIL CIVIL ACTION - LAW DIVORCE CERTIFICATE OF SERVICE AND NOW, this 10"day of March, 2008, the undersigned hereby certifies that a true and correct copy of the foregoing Motion to Schedule Hearing was served upon the interested parties by facsimile and United States First Class Mail, postage prepaid, addressed as follows: Harry Baturin, Esquire 2604 N. Second Street Harrisburg, PA 17110 Dated: 10 0 Lin a A. Clotfelter, Esquire A rney ID No. 72963 ,5021 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile Attorney for Movant `?? C? °?' C?. ,.,,a =? -? ^ g-ilti .. r. V `3 ?; ( r ,^(, ?i = l ' ?..+ _-? ? ••+ ? t i? ..?,. ? e DANIEL M. LOUDERMILK, Plaintiff/Petitioner v. ANTONIA E. LOUDERMILK, Defendant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. No. 08-5505 CIVIL CIVIL ACTION - LAW Petitioner's Petition for Emergency Relief To Enforce Sale of Residence and Award Attorney Fees and/or Just and Proper Additional Relief: AND NOW, comes the Plaintiff/Petitioner, Daniel M Loudermilk, Pro Se, and files this Petition, respectfully stating in support thereof the following: Petitioner is Daniel M Loudermilk, an adult individual, with a temporary residence of 520 Meadow Croft Circle, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2: Respondent is Anotinia E. Loudermilk, with a residence of 4 Countryside Drive, Carlisle, Cumberland County, Pennsylvania 17013. 3: The Honorable Judge Guido entered an Order Ordering that Petitioner and Respondent list the subject home (located at 4 Countryside Drive, Carlisle, Cumberland County, Pennsylvania 17013) for sale with Michael Stansfield, a Licensed Real Estate Agent agreed upon by the parties with the listing terms and pricing terms agreed upon by both parties and which was to be incorporated into the Order. 4: A full price offer for said home has been received and the Respondent has advised Petitioner that she will not sign the required documentation to effectuate the sale. 5: Petitioner has allowed the Respondent to remain in the Residence while Petitioner has paid the entire mortgage of over Two Thousand Two Hundred Dollars ($ 2, 200.00) monthly without having the benefit of living in said Residence and Respondent has acted in an unfit and disruptive manner with respect to the premises rendering it unfit to live in to such capacity that third party Cleaning Companies and the party's mutually agreed upon Realtor have formally advised Petitioner and Respondent that immediate action had to be taken to rehabilitate the premises and make the premises fit for sale. C ?., C-4 t. ..,.4 DANIEL M. LOUDERMILK, Plaintiff/Petitioner V. ANTONIA E. LOUDERMILK, Defendant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA No. 08-5505 CIVIL CIVIL ACTION - LAW CERTIFICATE OF SERVICE Attorney for Plaintiff/Petitioner, hereby certify that I have this mailed via USPS, faxed and/or hand-delivered a copy of the Petitioner to the following: Linda A. Clotfelter 5021 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 Pro Se / By: ?2 M -Z ,fit r?./o?t Daniel M. Loudermilk 520 Meadow Croft Circle Mechanicsburg, PA17055. Plaintiff/Petitioner Mar 10 2009 12:25PM JOY DANIELS 717-566-5492 p.2 STANDMW AGRE MENT FOR THE SALL `OW IWAL ESTATE A/S-R 'n., aam imd ? for, bA .a rq?iaea b we br, su.?,nb? arttac ram.y?a AagCiltim orttBAL7Das? t?kBs s M ATYOMMP WrM JP; VC9N2W »t1* s r) 'a .r no" 833'3 F ADMESS /7?r! AX LWENSESM 44 A- Ir. Arnt? [7 Ya E7 N* BI OURR 18 TBE AGENT FOR SEL YJL OR (i cbedwd betew): Bremer b NOT tke Agent fir SAW Wild-is alas; 0 AgtNT FOiC WdWR 0 MMNSAeClfdl6UCEN=. BU St F& MNSW WWII PA LIED t r -1 ?-VdI LTcEN) A*+tt! [? '1Riet [ Iva BROKER IS TH6 A Fm a tYEH. OR (if a basked beiaw): amkw it NOT *a Agent for Dkyer mWIts din: E l ?tGMT ZMSA " OUMAC T TM SWAX* 0 7TAANUCTWW La PYbsa the saw groket b Agent far Scheer and Ageatt fir Boyar, Bremer is a Baal Agent. AN of i= s l- mi?>ri-w Dsei A Vuh U S *we m npuabe DaWWmrmtsd Agsaft for Bayer and SAw. U the some Licea sse k dadgargdWd for Seiler 4a*PPwwr, the Lksmaeo.le a Dad ,pat. i 1. 71 ? t~ttt, dated - /Krt 4 1", 'Z(1G 9 Is betwom t 2 3 4 S a 7 t 0 1a 11 tY 1s U is is r1 if 19 m 71 ra ao 26 X 27 ar 14 30 31 32 33 34 35 3e w >Q 40 n 2 3 :rebut Sdkj; and 4 ,eaiiid $n7et: ? 2. 'Y (945) Saar bfty y urea to ealt mW voinvey is bower, wife booby *Woes trf.prrrdl'eWr t AU THAT CBRTAIN let or Viso 4f rwmd wub babdimp w4 iaalr nmeaets thorma wee' d, tf-way, Im 11 00 a 10 County of M In We Comcmaaatsealth of PwAgh 996 'L exam 04b, lkt IUD 11`1 Pored #; ti Lat. Seek; Dead !loch, P %y4 Nown0mg Vats), to ` / 3. TERM (9-05) ? N t ne. Ttoatscnd v? I l rr- hwd & Ooll f-i 14 (A) Poreltaaae Price r •' 1f U.B. Doha, >s wbkb wB be padd as SAw by flyer as feftws: 17 1. Caeb or hack st dgtaing tb3s Agroomont: $ tt 2. Cub or chock wi?in . ,? . days of the emmition of" Agromwat S d tt 3. . 9D 4. Cash or cashier s cboek at time of aett eamt: T 3? r, 9rx? aM- 21 TOTAL $ 349+ 9pL 22 (B) Deposits paid by Buyer witbin 30 BAYS of settlem A w9I be by cash or caaldar a dweL D*oef . regaaidieas of ft fmta of payment U and the person d ogmeaed as payee„will be paid m U.S. Dollm W Broker for 91Ha (hakes obatwisa 148W Loire),. 31• who wig amm ae deposits inran m oow aocmmt until conaan ar or feadnatim of this Agneaemet in eanfinby wib all appdiaable bm wdzopkAWw Any M omadm ed as deposit mrmiaa may be bdd pwdmg ilte secagtomee of d$is A mmftmL 7 _? be tea Wla s written apProval before: 14 Zal X I a I if--7 yj (Ad Settler so b. 1m or befbm if bw and Sella agree 3M wm occur in the, county where the Property is located ar in so aa(}aant cotmty, dta norms business bmwk waless savor raid 30 r Seller agree otherwise. (f) Conveysme fsamn Seller will be by The aimple dood of spocial warranty taakan odrorwise sfawd tare: 33 (t3) Payment of uaestbr tastes will be dividod egaatly+ 6utweon Buyer and Sather uuiom odxwwiao elated hats sl a (to At time of settlement, the fallowing will be adjusted pmro-a is on a deity bash baweeu Dow and W* raimbWANS srbert VPhosb a cur` a rent tsars (see Iitfotmatlon RoSerdiag Real Eaten Taxes): ita ir, ', , - I an morlpi : wsta * idsr otte bMinkWK tea sod homaowater aao- rt ciadm fact, savor soww time, tted ar wilh any offset Henske ltnauitwd aaeviae. AR aatg/a *&be Peo-owled slid period(s) row s trod. Seiler pay tap fa and instuditrg de daft of aettbaeamt sad Baysr full! pay far4dl days P eartllateaaat, uK&U aberavgc OVAd 39 bete: 40 Eayar b>=: i A&R ftV I'at W Sdtw irrWWm 111- h ltavlaad 9m t>m: ! I24y 1a ssods0on of REALTORS' a?os a 43 M 45 M 47 M p eat $1 q 53 64 ss x A 66 q Bat P 62 63 64 66 n 67 N go 70 71 72 73 74 76 76 77 7d N 11 f7 ti 14 b is d 9 a 1 2 3 4 s 6 r t D n n 0 N 6 6 7 ,Mar 10 2009 12:26PM JOY DANIELS 717-566-5492 p.3 r. Fl[ rlUlM Br ltfitit9ON1AL PROr!'rlCRTy (S." n (A) DKLIJDED in this sale xv all wdstbW Norms permancetty isawled in the Properts hoe of Ucas, kwbwiag pkm birc beating; tiebtio fix- 43 ayes (atckwft chandelieta and egg firms); water U=www ayu ms; Pool ww apa_agegtanent; go"" dw oprt ws; sett We. M vela s anwou& anpotoed sbwbbery, pfawbW and uves; sny rem Aphyf bnwg and cook* fWk, atetnd at *4 Peoperty 0 the tiW)d WA- 46 1140ME at; annp p agile 4aWW shedn mailboxes wall to wall cwpping; ertfaWg widow tlgaeeet>6 stem windoom and wfwafignaot dams, 'as wtad0w t MM. blittda; t>vilt-i:t air condasioa mw bwk-W 1 sog:as; and thar s6at?pfouat aAAM odWWise 47 ataded. Alto fthabAod t•a(/Y. ( 4 1 ? .?- tl 1 rfs ? fT.. 4t 4a (H) LEASED items (act ow±eed by 34111x): ss 61 (C) EXCLUDED ftxtms and items: q to 5. DATEWDU is OF TBB 6.R,uNCir "s) f4 (A) Tbc so tk=cnt date and all otter dates and times ro ecmi to for the ice of wW of ft obligation of brim we'of the eamee b6 and are binding Si (8) For plow of thitAgrccc 4 the somber of*yt wilf be earthed anus de4mw feeeew6* AM.dity"Agreannt vw>in exa- st vArt ad "Gimdbgg theism day of the time period. Tic Exaadiam D&CrW-ft AVocotest is'dte loos wbob Harper ad sblim'bave• i>dadW so Cuff acceptance-of Ws Agmemad by signing sad/or initialing it All changes io dais Agweasmt aboAd.be iaitiaiad mad 4atOd. 99 '(C) 71te. a tlemeet &le is mot coiWed by usy,otber VowvWw .of-G& AWeernewv d ceny only besa tV mansl w+riWa f mt of x p.r:ia eo (D) Certain time periods airs lxe j itrtod'f t *& AWantotst tta s oftvoaitwW to -the I *w and BsOWL A . Qsapri t et pedods'arb mega able et and may be olseneed by obikwg out *e pre-printed text and needing a diffamm time period so le to atl Psrtias, a2 f MORTGtYG6 CONTllOGENCY (9?-" 63 O ' WAMM. Taos sek is MT ewfi p t on W" Batas Obo ?tt$fdtrhi. mottle i+:wro a ; (A) hie sob lis owWWa t upon Buyer obtaining mortgage fimmich* u R>r dm%: to Fltst 661"IN 'I so 7be h a,2y $eedAd 1f61t6dpje oat tfat 3't t q . 67 Loan Amormit It Me 060 L,osa At[tQRatt. ? - so Minhaam Tam years M*ittRAW T w pests f9 Type of morow Type of mor seep 70 trf/f p r Margo knda b _ .. -1 *4K _ 1?daittgage lpeelor n 73 fatae" Vile boa Moe, B67W avats to taws" Aw Intaeeet team Bate t'R A T' a IQW *V 74 ltlrritas raft as OW ie CMSd ad t'e leoie*• rrat b 10001+mt rare m n6sy ie o4?Med fiv t?lt?•aft 69 . 76 oxoeod a mmximtrm iseassf arse of ?tr ?A. eateeed s my maea ihtaroet'ease of Y. 74 Dts owt pomis, low orWauban, kw pbc meat mod other foes dm4ged Dieoottnt points, ban wVmxd a, lea and adw Am durged. 7t , by the leader as a pa aeat:eW of the oxNtgage bmm (mtchufing•amy wmrt- by the ]order as a pamoakegeof the taottgage loan (mil stay mots` n gage uwar we par ik ma os VA, finding fee) mat to exceed gage insurance pomkon t VA A&" frj..Jvx 46 exQmd is Y.(O'/. if not spoci(ied) of *c mo6tpo loan 9i ( if, W 4 t:dod) of ft =mttvp lairs so The ittt?arait9tr2e(e) sal flee f+J p4vvisio?ou in peragtaplr6 (A) are tamed if elan 6+wctgNge?da) g?')??te a?+mt?pattik? alts imareiR-tae6(6) tt . mad fiee(a) at-or bobw the 7asouttmm levels atafed. Bayer gives Saber the iW D ScWe aide apkan40d as paxa3i9edby lawsacmd the D kadcKs:,yoeetrb*uwfwsscWly.abboatpaat oa'cfr shut rt,totbaBuyar a}sr7aaftlpolboa[iaMemdelgagsmmt?} tt s+railabieie? 8ayet: aN (s) Atkin days (itl if mot spooi6od}$orm ike P.xocation Dataof. this Agsaooteot, •Bt4+a +t#B s +*f?Rs9a1- Bo calico for the cowip o wms ttsmd above to"mamtgage kndogm) identified in peraW"k 6 {A), if any, oBto wkftw s vespogfd?ie asaa*ge' m kadeo(s) of Bayer's choice. Ovelosr tkr Bayer, if may, otberw*w Dreher tier eoir, it wadwob" is •eatrtteswAmb i d& tie •aaw%spr 97 knasewtty xse 6t f s ibe: rstasf j w*Ad process. tb (t) ffib w fiMya'tkmmk hue Mr k4wespiefe at6 to. fides: Braioesgt); 4w *B stassgage tNatisat(dlraeraaaralog f rw% kpt4to ss . Btil?AryOr' 1 OD 1Mlago"1q bin-P"OOafa6M?an IN *a#-U- .1At fi'MAMFO'a0oftm-01611pi " .10 ttrFt aldW i SAW"* B Mlya N11? f 1R?ll?t l ivemwYL a1 * y ? (D) 1. 41NCa: --ti (iti ' / if 8elles'dea eat>woeive a Qf IR'f tiw4at?A'+?drp tffiie 02 dow,Ba'rlrabdSawgp afo"*Md n."e6rOO dal elsAVrt ws@Wf1y1R'fMwu***f Xwysn 113 1 Upon reaavwg s mottgep owwtummt, Buyer wgf promptly ddiva a copy of*c conanttn aW to Sow 04 3. Seller racy tsxmmase this AWe corottt in writing after the morsg,rgc commitment date, if the nine aompmn migs). m AL G not valid wv6l the deu of seakmesr, OR 0 b. 1s ceaditioned upon the raft and ra*01 1 'of may odw prvperby, OR q c Don not %Wm fy all the rnaFWAge terns a stated in parag ao 4 (A). OR >b t otlatins arty otfx4 ooodttiars ?tspaoiCted b this Agsmererrat dwsia > rat aetia€tod aadlar rEertoved is wt?{efeg iiy fire r#?dor{s) it ttv wMm _Z DAYS allot dNO:wrotsrrgr aodfarerit. fir iNgtapir f ?¢¢Ij,otlrtctma'tlyeso oeedibo4a tiatse6'aammati- too ly satia'Eed at or near seviamoesK such as cbtumng-km=vm and '*is) 4. If this Afement is wminaced.par mambo peragapbs 6' (D) (1) or (]1 or•timasogipp faro(s) k eataltaityit fotsattlaaast. rdl depetiat?otaies 101. wvTl be remnimd to Sayer aoeardiog to the tormts of pmragrapk 30 sad tLq Asteeamrt wffi be Vfdl. $uypr will be mapomible hr ray Deep 103 ittrr4nst4t by Bu)w for wo3' M*octimte or ca t chess of aGwftg to the'letsmrdtlia ,1RQ ?6a?ibtt/t11Q t ibr 104 (1) : We innamm'aod/et nwcbonce lien btq>tsocq. or may fee tar commitada e, (2) l bftd fors some suh? w 11se- oam w wtbh ice // or my he fbr v0=11stiax' (33) Ap+aiasl ?nr.astl itbatgq pair! ada4orx+0ospmtt?p twdlr rot Bttgar ltdfirds: C A44 Pop; d-116 9tiar littllida: ? t97 %I ix_- .0, 4 - AM Mar 10 2009 12:27PM JOY DRNIELS 100 109 no i71 112 lie 114 If$ ire ,t7 Iis i" t2o In 122 121 717-566-5492 p.4 (E) If die mortgage lm dav(&? or m irlsllm provW tg pmpcny,x d r matacmVe as iec pq-i Ac Q( •leatdm(sA tepees f11 the toe Property. Biow *WA upon receiving the rogvunmarta, ddivr:> b eopy.of tire' ridquaootot>ta to?SWer. Witt •'S DAYS of toosivitg dx copy toe of the requirements, Seller wilt natity Buyer vkther Selior w4nlikv the mpk4upeirs at games a panty. 110 1. If Seller makes Ow required repaicg to the tudisfaction of the mongage lerkws) or insurer, Buyer aocepls Ilse Property and ogress b the ill RELEASE in paragraph 27 of thisAgtrcmcm t fit 2. If ScHor will not realer the ceq%kW repairs, or if Seger 5601444 reepprd *oft dw due 0n;a.V;9W wM, w1fhin__5 _„DAYS, aoaify n3 Seller of Buyer's choice to: n+ a. Make the required vapaixs, at Bu3mes. expense, with permiarion and access to &a Fropecty.givae by Sedw, pe rav" oa and soon nay 115 not bo uareason,ably withheld by Stiles; OR t1s b. Terminate thus Agremicat by written notice to Senor, with alt ale xmh weaios nsturnW Agyo? =oxdmg .l Ibe rte of ph m 30 of this Agmeawt. tie (>r) Aasiat Ni lie Ot APPLICABLE 121 O APPLICABLE. Seller will pay: 121 Q S . or `/. of Pttrctlase Pticx„ enaxio?uau toward Buyer's cads as sceeptab}e to.liea tnactga0e deetdst(s) 122 ? 123 IN 123 in 177 tza 139 130 191 132 113 134 136 136 137 138 139 140 ill W2 FKA1VA, IF AIP UCAMZ ((f) It is expressly agreed *0 wAwititetan&g any other pscwilsicars of4bp aeuWact, ftw *01 OK tW d>bgmied w. eoaPp)SRt: *:l'tiueAssbof the ftpaty ._h .or tv incurany WAshy by 16x6eitiue of erasoest tBaiall?r dapoats or atthawige >lttlak.Btyrer fl?i ltaea purse iti accord®Ce with HUD/PHAer pia or VA requirements, a wrietrn ataomm by $te Federal Rouwq Commissioner Vetexana Arlmisistratioa, or a Direct F.adamerrmt I.ondrs settuag forth due appraised valor oftbe Property of not lass thaw i - (the dovar awtamt to be inserted ig the adco price as oatxd in this Agreexne nt). Weer will have the pem4alope sad opim ofpwvead*vddi oor rt of the Iona wit within regard to the anxxzatof the appravsad vtduation. Ill sppraised vaimtian is amhmdatto 4dPair^rs* rawdsaamaoott- gatge ftlo Deposes of Housutg and Urban DrADkgma ltlxitlarrmm F7iJf3 doss not tia4rcgltt6w.vallre 1e0r a oniilirise cdf tlia 4opttty Bayer rdmid sarisf)r himseiflbeeself'thai the price and coodicim of the Psoparry arc wcgmd*. Vbrnbv Section 1010 of Trt1o 18, US.C., Dap uttim of liarsing and 1.46re. Deveiopownt and PodoW Hv4&g AdmWstrsdon ibarpc6ous, ptvvide,+, "W.bor,' for tbo purpose of influencing in aq way tine setioe cif ? I]o , makes, pkm s, a tae or pabtiam any statemw twiwing tux same to be filar; ... dud be fiend Lander flue title or impsieanoet Mt redoes siren "aa r Ms' or barb." (li) U$ Wpattmeat of Housing anti Urban DeveUpmeat (11WD) NMCK TO PUFXRAMMS- Rvyer's A k ow(Ngeatsn1 ? Buyer has received the HUD Notice 'For Yaw Prowl dm- Get a Rom bspeaxion." d3eyar aAEiet Wm& the impact sW of VW8g tip independent honk inspection and has thought about this befnce sighing this AW*o0WM. Bayer mknft& that NIA wW not perform a home iSaFeCt w nor puuantoe the price or coo&bon of the Ptopert . (1) C¢rtilkadon We the undersigned, Seller(s) and Buyer(s) parry to this iamar•tiaa aaoh4ortifg tlast rho [alias of this cacttac t for pnaa base are hue io the best of our knowledge and belie& •and.tbat say other awawmt md; bstttbjr.atry it(grese psrtiss-ut.owaactim wb twa transaction is auwbW to this Agri rcvrcnt, 124 ti6 129 127 Us its 190 1111 132 193 1s4 IM 154 117 no 1x9 id0 141 142 tat 7. WAIM C.W COMN(WNC1ES (94)S) 143 r¢ i ina MWUWy, 4WAVAN OW 040M60616 144 It tither Agremiew Y candneent 0e' Eoyer's right to kscpect acasilor rep& the )Propereg,. er to w 1a ? .?w . a 145 betaaiariee, vardfiazoalms. torta? lose leaden or not, or 'my ether b*rWatir a sage'. _ . y-+-;,i 0p!a'"a b wv 40 Im t?do ate' of M t46 Bw)W'a sptkaa 1rt9Lin rtes tisaaa avd t !1i tftis Ape<mreat i >~ wAli' isf that " ippl?h tea f'Is fly itd ti?aa fA ?ee 147 the LASE in parslglrWk 27 of tilts AgraxsamL u7 t4a S, t''9 MT Y 01SY3>f MCE AVA&AWLITY (!-" 144 10 13 WAIVED. This Agrectuat is NOT coviinscat upon Buyer obtahmg property and casualty ihanciui a ftbr the hvretty, iNSu*uye may 149 164 still obtain property sad casualty insalrance... .. 131 ELECTSDI Conmlgeax'y Period: DAYS (15 if riot specified) born 4tal acaim Dawn of drier Agoaaatt. - .. lie tat (53 IT•e yell;arl.BttyOTWilllnaloCBppliCatioafi7tptaQQtyaetloaatultyiitb167d1eC OR1bC?ltl itytalfGt 0O?6WatTrtiL'roktt is2 163 far Bayer. K any, otserwbe Broker for Seiler, may coamankate with rite iawra• 69 assist M the losaamace pareses. Ifftlat camaot abtaw is$ 154 property ad oaawdty inoxmcc for twee Plvpary On term[ erred 000&110111 IC aMSbIy GPOgBWW to %Wff..);i WW WK ?rNtliir bk?•Osr dgpucy Iii Ise fedo4l? _. is5 IK (A) Accept the Property and agree to" RELEASE in parsgrap+h 27 of this Agmeme ale OR ise IS? (B) Termimso this Agro=cw by written notice to Scher; wifh all deposit monies returned to Buyer according w dw taxers of paragraph 30 of t m is? I" Agreement, OR Ise i" (C) Enter into a tta umny acceptable written agreement with Seller. tta 160 It Beyer and Seller do net reach a wrkeea algreament dozing the Cau tt racy Period, sad Dayw does not kvisgook this ASreenimat by Asa fed wrlttat so" to saga' witiia tkat time, Bayer will accept the Prop" and ago to *a WELIASK 4 pacer pVb 27.of *b Alpnaams it. let 162 9. IId6!'IfC1-I0JV5 (9-" 163 (A) S*Dw w8t provide lacers to iI3mars' reptesentati," sad, as way be required by this Apum t t, b onvoyoea, =W44 oltficteL, =* kwpoc• IV t64 Iona. IfBu)w is obtaining mextga V tiaaociag, Seller wi l provide access to tht Pmpoitiy to sWts orid ollu t reNeaeErbly te4d*od by 9of 164 lei ow Jewar(a).-Bayer may aBcsid any inspections. tee t44 (B) Buyer YhW merlins' a pro-setdemeat Walk-ttavush Ittfptlc don of the Property. Buyar"s sight t D thus Wgmodm is sot waivedby wy other pcovwon tee 167 ofthibAgteemaGt. .. ... .. 167 let (C) Wet will have hosting end all utilities (including flrega)) an for all ia1{xtctioas. 16.0 Stoker ? B? 1st (D) All mpoct*M inchAM doors inspactora, are authorized by Huyer to M Midr a dopy of KV Wpecdw Mom W t1a 174 (E) Seaw ire's it* right, upon aoques4 to recok without Charge a tiespy of'NW ifwPweion %uport A%am &e party ft Wd m itwsa pmPood. 1741 t7t Rusty irdtlaia t?? A/" Pte 3 of 10 All Advised OM Mar 10 20091 12:28PM JOY DANIELS 177 IA. 173 174 175 176 177 »0 179 100 ut sex U:j 154 it t55 107 1> a ISO i sr 122 193 194 too 156 197 ISO 199 too 201 237 103 204 105 zz 107 205 i 1. 700 710 111 212 713 114 215 216 217 Tie 219 220 221 223 M 225 228 217 to 2n 330 291 131 233 234 735 me Bum 717-566-5492 p.5 172 Q?Cl1EMkal1V'PIiXG??T[,'Y OPTidI'? - , ,- 3Me Inspet m aiaotad by Beyer In 11-1!; errs .iy #0 Opdwg sati>itiiltifliri%'nw tim pedci& sw"'in . 171 •to+18 0ohntinYoucies:iapmpprappi 1 i:.15 i>hpriaPethci+ir aai tsd tida.k edomt?t llmse optiew wm apply t7i Opdm 1.'DVtftw Ilea Cgrtitssgvey PsvkA w aaatad In pe#pt ppht 114%-Sayer wo; 074 i....Aiq?2 y mtlNtit?m41 ?Ythl - OC141]{S0 1t1 1 ( ._ .: ' IN . 2 1f$nyet isi.uDt satistlmd N 11it iOdOCwetiOaodi?R tepCC?tj..iadldetaiallb+ll1!y weitkayp Bf?dF,.at?lUjtiOpc+s+k. !T7 ' mamae:a?aedw ya.aoooedatpio: a?ettnebfpitrta?pa3?ditlusA?ootsax;f)IC .178 et'nl? a.I `aYith S+WhX peo?r tai =tY dph?e c }aa?altneeet?sio the epedyamd?op a>?r. 3. ,Rs+ear hreo s' 7 aoorpta .ode w r ?t ?r l7e ` ? ' ! r,' ' ::. •.'. •.: tTtdEt ea Bujmrmvwwmift t; me aoo"*61edo the. know(sx-irsow. tt0 1?1?1!IS 7pd SdiOR afY 9?ti?Mib.i?l'?IrA 1A? ? e'?$dd?l?? ?'t?YW alt 161 AW08M Eby wrle a tlee to BNkr wkhW dot #am, Sayer wfsg• aaapt4bv pRopwt4 ***qpw, *e_ in pwaVWb asst 27 iCtWr Agfsateoit. tat t)ptiv? 2 itMW-qw Coathirmiq Period, as shA*4 Ja pcagi pY 11-rm. f)tilyee wft 144 $apilts?'t9..'??5 A?DdiMG? t ' Nfgt?e0 t3tiia ? ' ( ? di1 ( a) d. Aeoapt ti?a ?4ajpet? ?Yl?l:ilta amtiormatioal ttaiod inab?!'Op 'tK ? y , . ? .? ? , ? / 1 .1r ( tsrepaa>if*) B usr?di[Mts aneilpr r 3#re Proposal +f it??e9vt ittelede~? tigaea df rptlga te7 ee'}y llcegeeclD[.gaahftDd.plo?] tp.1 the csatogptM?ia?tt ltt?nkitlkaps tsrtetle, Laud 1M a j1?0?bt'JEii-{?lYt1'?Ar C{'tI?B•i0#e: /' ?tl'?Yf ?[ A+t? 86)i?i.+l{{?IZCt 1?r 40R1?t10?.?'?D•1181 q ? 1N otKnt?a kradet-or gt?ntoatal regoiPeti'IalGv r7pet'6oes?idi is a w.oca rtarat6et' aaeotdl? 1o•tae itt>v1a aF9 ?opasal,?ix by !e0 a ceuwoaorselocod by Snyet lei a Witbett y;, days (? i> not si beooey?iyg ?htj 'e i?iposeil, SeHex will ittfc .( is wpol M 4f S*AW'e *iea :Rs: ter (I) Satiety the terrtrs ofi3uper'a , t71t: m oe3e9 31.ii714}r,G1R (2).0-odit$dypt•4 wftmext kt'tLe;wsWto. +dwktm t !et'i'1?tllfem.OSpIP?b ii ifti8iiD70gRit 0 »a - . °?1s:?hpgQoatl. (3) t+loceapsl?'tbiei#A9?n?iti:l?lavtai??11i3's:,Y?F.,.:.... t96 . b if Saner sgee5 tn. saEidy the tetztitx vfftyer'sTrvp9W, rao cxerlt *4qw-at ? y t!s md.apxow to the RELEASE ur paragraph 27 of this Agoosasnt ttrt ; c. It Seller ebooses not to satisfy thcuma of Buyer's Propgssl "Wt to<aedie8 * 4W at'aertlollaiiat s aboneti err lF?ttiitc fa?a tat to Aeon -wW option wMa the tote ghao, Buyer wdi. rvidda _ days (3 9aor (1} Acoopt the l4etpprtg• ith ttre is ott> d i fie i>rpmt(s)-arid aptatt:ettf#a *Vw 27mfW t, OR too . 'Pars- (:?) . '( Ste aEiB by'wr tic atot3op a 3dkx,. a@E dagae t l it iaA senas Of. t raph 30cfdlia AVv&nevA O - + m2 (3) F,r faro s?rtnttfy acceptable written agrerment with 9eileE pmriding foe r:s err4attd. ttrdtrnpaty artdJair erns tsny oraedit tti Buyer at aetltement, as ace?Ee so the moatgAyie laaj, tttt 2oa. _ If Bayer atad SsYar der sot reaalr a writoeet-tlpeaaeatBailME?+t?prtietd#i?fWA; 2.?. t:.v •? s14es.atf?er- . COs asaha6G.?11ir ?raedaeree ?ey`iiriieten *afiEd?° ri?ifi's•'?pq: ttl?gq, ?7'ea'''tttiY?t?°!'.>t?t a?? ? -fat ?pti pats t t f#isA??frtieoeee { :.: ..207 PBtIMM DOMM7> M CON12WEWV X%" (See Ptnperty and Buvieenrs"W.1[11114 iaet ` : ?. too ?t e?:?Aa?o?ors, n lrsdORD& 9*4104p rtlr:fai?;. ra&CStroos snd?av ??re?dd? C+t ? ? ? i, I* 70! ' ` ? y ? 11CS1t?t??t#1?i.?9?w'?Y?'''?.r'':.7?i+c'?1:-?ARQt3" p?0aqf;?t?fJtB'?l]tt?! f]l. • nab; roof emetics window sad.mmaW ;aacttritu tdi qg. itoccia,VtWn a*4.m aitpsol i eritf?poo?t: ltanbe ati ' iet,+ sae m . e ic• P B: E: ? i watcv.pe>a ; aa?ea?D k 3(t•S.. i4aisi,° ;1iib+ot<gltt 4tdtiikY: eb ea;1 an g>;otmd stCaegc'iwkxu etc.); electramegiedc fi0lds; wodmide im? ;qa[t files ere lioa;., ptatip?ti?! 11 1i ia?; 'is and any enter trans Buyer: wary salad. Buyer is odvised to inmWgtslia qw maws, decd atria ese? roebialiaoa. ?tslt mows; peon lgib* ";ter reowbons or eetdbu=es) dto opply to tame Pmpety and to review locsi waing. amhoam 01tw-povbkm o>FVA'Aamoa5aattrmw;pawlditfor 'tis htspvd ms, cmufsvstmm =&or investigations that are sot waimaer altered by Buyer's Glecdmbt m. t:w. . O WAldBD. Buyer )ras 11te option to conduct peopaty loapeaions, ca4t?ctrSious aod?es ituveDaS. 13r:l+er-?,'.OP1R19+f and 297 egrees4o thaRELE ASE iti-pasawflirh 27'af"Av=mgrrt. Us B1xC'mCe slOyP.erfod: daya•(15lfnaapeeilitd}flow ttte?Bxca?tio4ti?t+orrft}mtA?lo?ioi rte (A} Wes rflpt@aney'tttied, ai i3uyer'a terse, tnag3uro poctictt e=Vl dbyp?Peg' tat ly hammed w odrerwise ggabfW pctlfrs mall. if Buyer deck to hm,* tt ?omo'inapoctiiaa of ri pgtrtty. +Ie &%Wd is bo ..Po ipny?ta pa >l;atoe ttt m Law (sOa.kdbn >t dm:R=pWing tht Ham fro pemon law), the bum Wspocrt+m avw ..bo 3grad?eoo?r ?t? 8g4d egncf- ? iog of a natiamal borne kapeation association or a 1remn supervised by a full mmvbw of a a4t:o0hT 1+1a!eat itt 5ooatt(+et*oe 7Y3 . with the ethical standards and code of conduct or practice of [lift m ociatim,.or by a P000mly liaataaed tae epgioaer, or -it . ss4 pmpaty f»wmW or a "red wobhoet. This contwScmy 4kw not apply to [Ere falkwieg aw" oosrdihe" asltjlar www- 22b We 727 (R) tfBtryuieirotaa?afled:wldxtheooadityon,efid+al?topor4yaaaiaiorllti'?e-?ttelnseepretYLagie?a}.E?ryretRlil?paoooodattsde?'.oraC?flbefel- t1i gptiaetf as listod is pt+mgrapir ff3aritdrht the Gray Pesiatd: - ?# .it? i0ptlaa 1. 100 D . 2 . Far the paloSosea of Rtrapa?It l1 astly, Elttyor. ssgeaoe to aoee4t 1bo PcopeetY'"'+g' tb0 > °f wpr 09pot>?a) +ad she to 2M the RELRASE bs psrcsQtaph 27 o£'this Ageanrli•tt if dre total eoat.ro ooerect tlt4 oaibQitiona"t 0atlitr dto fix} it leat3Fsaa x9z S ($D if not specified) (the "Aedactible A-nw0P0. ' , all rw4d an ofPae atple?194' x+aa 2r apply, axoapt •that Solle r will be tlcGtn ed m haws satisfied ?ret:etms trt Btaltssta Fseptirwlif131ts r:es'soveegoaarxoeeaioea tree or offer coedits such that the cuoulative cc# of am trpoorteated or-mid ierxi eon"110) is pgiad 6o'IbR?tiNot?t?e7A?aor+at . 455 A/g.?`$ft?t4apiA'.. lam ? ? AS >a.a...t r~1as , Mar 10 2009 12: 30PM JOY DFIN I EI.S 237 23a 22! 240 Al 212 so 244 245 246 247 318 20 250 251 252 2a? 26a 2S5 256 257 254 7% 240 20 262 263 717-566-5492 P•6 12, WOOD INFESTATION WSPECTTON CONTINGtNCY (9.05) for wood infG?6afiotl by an ittapocoor Get od as a ?? you > Q WA tv1;D. Buyer has the option to have lire Property mapoctod 27 of ibis ? oide applicator. Bum WArns ms OP'170N and sgrm to the RELEASE in pavvwh :.. 9N ArWOORL ? Ef.EcreD. Contingegey Period: days (15 if cot speeifrad) from U Executiou of Sr r R te, r tA) ?n t1w Centtw4vaey Paned; .Buyer, at Buyer's expanse, may ebtahr a writtetn from an impoctm ttttid &vAW pro- W certified as a woodAwbraying pests mW&-WP?tw and wdH do*br it staf lit w 1>er? vided by the inspwtor to Seller. The report is to be nuKw wilt haary to ated is compHnnea 14&. wwa, R Heys 1M1 mWor Federal lna ms and Guww brcir% Agency rcwirttraertts, if aap. The hupwdoa is so be X4 of all sanctum on the Property exce rA fences and the following structurm, whieb wilt not be s)er, at Buyer'$ expense, may witdiatbie CA d % wavy Ye4'?d. a !?0opoaal€rom a?v+oo& 947 (g) iFvise inspection coveats scEive itsPeetsbon(,.? tiN A-tmvira P P dc ap)7li4;amf to treat the property, SO (C) If the inspection coveals damage from acAtrro orprevieus i?e(4:7 eat. dusl8iaa?p itti or wwwa a vvr9IM spat from ai aw wdmcwr, hamsitat oil by wow4waoyNR ag t1 aid a prgmw to mpu anwer trawl *6 Propety. pfug dedarom of *0 41t , y ridt}." (D) if Buyer is not saaiafred with the coaditivo of die Pcopcrty at sbod s? the .. . brvioB OpWm as Heald m pmagraph !0 Hirt: Y. Opttien 1 Optian 2 13. STATUS OF RADON (9415) (ace ImbanA609 Regarding Radon) (A) ?r has na ed=t cOmec"A tg the preset" or abscum odeadun unlRas ebec3terl b?bw: aid se?wklat tiro D I. ?efiiar)lab idyd4wledge that ?e Pt oparty was tedw ?#b d* doter, by %a m A.06-104, t stpba )' Rites indigstiuB+ireilovt?) restdts of an nm TYp80I''1'm 14$9ULT5(p artxvvorlting• 2fr1 lei 2a6 367 340 289 210 27r m 277 274 273 310 in 219 rm 260 tar 782 it w 20 385 39k z61 290 244 2+? 267 29e z6a 364 ? 2. seller has btowledge timt tha Property underwentradon zedtWtiort eosa6si" cm the dens(e) and by the rr *Ad(S) bd""- DATE RADON REDUCnON METHOD m 951 2'91 30 A4 256 26a ?tt Slit gds 9/1 X2 20 2i1 356 2" 1Pi?be deliVQed 2dat`.Wif(ltltis lkpeeraetiL. rne?o twc ...,,?,?.,.... 267 COPIES OF ALL AVAILABLE Tai >.; t6s EI'Igm THE METH(' M M RESLJ TS*F' MIWTS. (9I ? st?pq . .. 'i'Iit7i s ?y ` ' ?w ? ... p . . aeP°ar? for tidKb,9 a OWA& WjM Al?C+7 QmQN abd WAIVED'. Buyer bit the option to have lire rmVsrtY't ag m ttr tM RELEASE in paragraph 27 of this Armmlt. )from tbas Eseoution DOW otthia Wowffl MECIBD. Contingency Period days (15 tf not Witl`gn tdw Caat3tWncy PWW4 Buyer, at Bayer's rixpetrae, My -bwm a maw iad Of the Pty s itrepp? ff$edlar p6etbrtae any fodit Vem diwotk Se$ai tiviH provideiitti et s os Sabti°d t3tat 15is ? a . oet4itiedradon compwry? of radon below 0.32 wow loveis ar4 bwo ow.-ft°E s 'tlC 1. if the w mm tea! rbpod reveals we Pceaola pny arsd agrees to the 12EL.F.etiSE to p?aragr'64+b 37 dfhis A . If the wrestler, test neporttewaela the pre smm of-w&mst m ptccmW#j02'rtWbag IdW or 4 '# ( viiji promed under cttevoffa followius Options as %mod itr aph 19 Opacit 1 ? tlrGm z STATUS OF WAM (9-05) (A) Seder repreamb the the Property is Sewed by: Public Water Q fhr-sere ?1Va60r ' o t m-uritty water © Nand O (B) WATER Survicic Z"9'wN CONTINGENCY of dw vMW 6jmm I* thePst?bely." WA" Q WAIVED. BuYief has the opticm to hwm an impeotion of the quality and er gWfity THI8 OPTJON and agtoes to *e RELEASE in pteagrgh 27 of M# A V6w4dstC . VWAW) bp OM $? D?1E+dt 1e i - ow O ELBCIBD. Contirtgalcy period days (15 if =t 1. WNW* 64 Via' 740". Bayer, at Buye+i's exitarde, r +'ttbUfis tOh 1lWa q fyaal' or.?ddiati?aft6t Uon6 froea a prmpetky featured or atirelvvise fin, e s Ices "Pe ttstWiil lae6rte a6bd ... po..;s!?ida ariceat0 110 q -s?6 (at 000 9e13er, 'at ct?tt yv 2. if roquirod by the itmpeetiQU e*panY. . ' sysaeor. 8e11a also agreaa to snatoro fkrc a? eirb ear?eidaat !@?iw ?y??,y,?:,'?taht. . lli'lit x0k70' ,' 3. If l5uyor is not ofitiafied wlt'n the condltitm Of the water syaoft ag'sotCod 3?+lih fir oae of the fallawft Options as U.*d In p mgt Ph 10 wWiis tLa G'am' 1 p OPtion 1 0 Option 2 in ve 27'i 222 97s 27.4 in 2N 277 in 376 2N 9l1 212 flq us 9M w 3w 2" no ?n ?aQ 754 90s » taxta xu 20t 20 3w V" d to SeiirarlrAKal* ./?(r' ?ot A1S$ il*a6a . of 30r BVYm' ri..a..+r 4wuc Mar 10 2009 12: 31PM JOY DAN I ELS 3vz 13. 3es xa 3as Toe 'ref 709 st o 7th 712 313 314 316 316 st r 318 3t o 320 321 322 323 U4 32S 336 3217 US 3" 330 731 332 33S 334 335 3315 337 93a 339 Sao lc. 341 942 343 iii 945 34s 17. 347 Sus 349 No 35t 362 393 M4 ass 956 35t 399 1& 30 361 982 383 364 eras 564 3S1 717-566-5492 p.7 SUTM OF STWBR'(4-OS) ? (A) Seger relxaeats that the Property is served by. 31e Public Sewer lndividsal IDn kit Sewage UWoaal System (am Sawap Notice t) w6 ? lndi ALA On-lot Sewap Wsimal System i6 Prmun ty to Wgll (tiee.gewage 1401 ar'1; aft fip alle Ne6w4; ifgpliool&} r aN [3 Qw- mity Sewage DupooW Syst= W ? Ten-Aoo Piarnit 6w rftion (see sewage Notice 2) >N ? 6Faidiag Taak(see Sm qc Notice 3) ? None (see Sewage Notice 1) 210 ? None AvaitebleMmi t Limitatiws in Effect (set Sewxgte Notice S) sit p m (B) ]TOM )AL ON4 6M SEWAGE DIWV AL CIM CON'P94GE1ICY W3 Cl WA3Vl3l'I, Buyer has the option to haw ear inapecthMof the is?a tarFlot aawatge•din tlaalp trtagdw ebo Pragea? li fi'AC set WAi'IM THIS OPTION and 4rees to the RELEASE in paroorapb 27 of" AV=nmt. ' sts of Q Fd 8G"!£O. # io0 .....:Aa3aa•(I5 ifs tpegi l1+om the 371N1e ? aN I... V41 "a Yin ( off lieitad, BUM, at guy 'raa*04w„ aloW-vtoW4W?rpdo MAE4)!e-iaNO doatoa- ocnoWW*faaA ayw sty taar-19tvrn &quwi red. Peotneiasal't> e?or .. ... tee 2. If and asmgiikW by"the kmpeorkm) cowpany, Seller, at ScWs expewc, wkl leeaie,p+orsicaosiis OU?1r1 ii+e'i?idttlg itt tot sowage disposal xyaam. Seller will also regom the Prgwny, at Seller's earpow, pow to w 0omwL te8 3. If the inspection repart mveeb defam t'111116:dO a4t tetquire!lf?laaailee Ot rapdthee east aaGdrean ldaall°+>n 'Yp t list system, Buyer will prooeed under one of*A MMV*AWWM at Med.lp tltg+al .i?i?1 1 ? 4 i1a4atsr sit ? Optiao 1 tptt ? Option 2 . - =4 4. ifilte f or report reveals the med -to =gm2l or-ropboa the eziiGisR:i4lQirifieal CR Jfowa?e:4?ltpeaa? t?taMil9.•9elkr ms,4 _ffi within 25 _ DAYS of roaivi the inspewon htwt, M *MA a Written Qataap4iop' (" ppprsl' to Dow TWOUpeaat alp will fiwAtda, but not be !inured to, the nlarnz, ofihe c ppany to poribm ft a1g!snaiotkae pamg p? &R?sysrewk iac3od- sty ing remgm; and a projected completion date LUr wrrecdve rnenum. -Wltliie - ,_•-64YS af•Vwgbieg S elk i'a tn@oa* -or K ere »I Pmpomd is provided -M & &e disc oven, Bwjw wig wtdy Scher ip wrWft4f0.a> tog Atli:. _. sot a Agra to the terms oPthe Proposal, if arty, whanagror? Bvyor atnoepts das:r>esEagio-:i(?r?pa4finf ago tw Agrawwat, OR - m h Tommate ft Agreement by written notice to Seller, with all 4eposA• owOcz lb ?!o?!at'aats g.to tha.iateievf pWa tax graph 30 of" Agreemew. c. Aompt the Ftoperty and the txistiag .sysieah and pg:ea to Qie.?,? ? !? ?' , M4 if lv*W by !ti any mortgage tender aadlor ahry govorrunotxal audtoadry, caster the defem l stare seWos?wit;AC. ss-Oro tl aeit>r9aLa M -W pp 1e64et Mailer Bovaamnental wt hoiiRg eg Bthyahea: sore czpgn% Im 0 t0'rg14a*" to 60 A6pea0}?-g WMby SM Sella. Pwnwwn and avows may not be nmreasonabiy wi8>i;-Ad by Seller lrgWWiatiies tt taiau+uhdlaraeetdwab car- ae7 rm ttm do*gM Buyer may,.wit m ? 5 _ DAYS of SaWs alataial, to a his .blrst4riAt§n noom trr$a&pr, M* all sss deposit raoaleia.rotlad ro Buyer accordigg ao the taaf ptaagtrap]t;18 oE+Min,1?*ertmert 70 HOW WARRANTIES (945) 3io At or before settlemeak either party may have the opportrmity to p=hase a hotrm warranty-ft the ft*wW 1= a-VAW-pasty vaulm-Sayw aed . 3M Seller undarstaed that a lame wuresaty for the Property does not ahoy any disclosure afSf rr, toot eevet.w Bltyr•per 30 existing defects of the Property, and wits trot tit waiMe or extend say-ptovikioar of tiW pre E ig4lpletrYaaala[ 'fit' 34 Bu* has elected or waived as pan of this A:gmenvot. Buyer and Seller uaderomW drat tbolcesoee, iirbltrar'elrm a Imddr lahetar?3nta the 8a4 hofw warranty may poambty receive a fee paid by the home w ni my ooh kpany. W 2OW4G t #9CATION & V CAI-90 K OF USE C(INT AtfY (9.96) W (A) Padua ot'his Agreotnwat to ociah n tlic ma» ng olnaficetion#elcuptin caBda where one pap" [pod'asa?}hsradthorabf, lfsubdtridt?b) is star zoaW eolely or primarily to pan* $ingla-fawily dwckUW) will mdor this Agreement vobdwWat 9"ves op hwk "and; •f'v0i> K say 11 ` 'be Mdaad by the Buyer will ?e Bwfcr without any Tcqudenim for owri-wtioa. M ?K4q CbW4Aratioa: j ti y? 310 (0) Contingency Period: days (7 if not specified) fmm the Exmcwion i)aaa of-Wx Agmenaent. Waiter *t C cy P+erhd, Buyer, at OWer'n oxperm, nay verify drat tbo paosmvw ( 1 3st of the Property is permkod. In the event the prevent mt i8 not pe lined, . WK WW t:Wt 040" errY NOW, ffift Seller 'a't"AW 98a notice shat the present use of the Property is'not pennittcd and that Hayes will; W 1. Accept the Property and agree. to trio RELEASE in paiagrayb 27 of thix-hoacitm t, OR 359 2. 'E>sal miff this AWwrmw by written wAce to Salter, with all tlapoait nwniaa eetsteateiLy6 Batyae•aacaedEag ao the here of paugaytb 39of if8 this Agreement, 367 B'Heyer Ildle the teagond w#Mn tineCaatdapacy Parted or does not tlerlr boU"AV*WM rd wpMtsa swift 4 94ur 7aWIW Nd 3W drama, Barr will "cart ft property sod agate to &a ally-4m is parwq&.27 306 NOTICES, ANTS fir CMBTIVICATES-OF OCY CY ("J me (A) Seller tgvewnta, as of the date Seder signod this Agraw=t, that so poblic iitaprovahl? eondoaailsW",err hparieownar aeeooiaaien tmaaaat MM" 311 have bean made against the Property which remain unpaid, and that no notice by aasy'go;?stmie'4ta }raMtic aatdMOdsy'iaelsaarhttitt+rad'aapyn War oft or anyone on Seder's b6&,, inahuling notices m1uting to viWatiran of matins, ho g, btu 4Aftill W Aftanow tlltat,**Milateapot` riot rectal, and rhea Seller known of no coaditmthat weWd oonsdmte a viOba M of. ally'riHolt'tlnt>laababa>?Caam?srataocraet% . pfeas?tltowse sM specified bare; °06 ($) Seller Wows of so other potential notices (inc4adwg violations) and/or asses®eeta Mmpt as All! i : sts W ace Bayer maw Isar &::: all Har 10 2009 12:32PM JOY DRNIELS 717-566-5492 P.0 m (C) Ja the eved any tt (hKfu 5ng violations) andlor arploa4coerrta' i<F?a ?oeivad aver 5ettlar ltit died i4ia A?COe?mu and bak+xe a?tlen?ut. sM 37o Solkx will provide a copy of the notices and/or assessrrsrsts to Liuyer mad will notify Buyse in wri wttb[o ` DAYS fl('rattmm the am 371 notices wWcc aaaeaarneern tbat Seder will: > Sn 372 1. Fully comply with the notices mu&or asaftorrmts at Setter's totpenae before uWa mem if Sdkv f * axrgwm With Ste wdm aodkr 3T1 373 masesemems, &4yt:r mccepts 1be Propmy and agrees tr -dot PJUYASE in paragta4itiI7 f tt kAgn%mnmt. 09 .. r 3173 374 2. Not 00ra ply wins the notioa-ae asmanam. If SAw loom not ttv oottply aW. (11111 nodom astti . *00as maw dr 9& wlMiia ttae 3174 371 dome gross 44 Oath' BU?W *60tuw Samer we cv=*7 B"w W-0 aD* saw sit Wrftag wl&n ..,j t "4ltp $' ' S" m a Comply WJlb *CUBA= and/orasses meaft at Bayer's okpome, accept tiro. Pmp", *agm W the IELVAM b pMggm* 27 a(- -ws 477 dtis AAV=noK (W 3" stn b. Terminate 03is Agre,anertt by written notice to 4eBpF, with all dq%W WOUM returned to Buyer ODOOrdiad to dx 91ra1t of PWWWh Sri 38 of this Agroaraord ?} 390 g Orygr•bills -*a ssttpa" III tine deme sbied Is p wgpV. )b IS (Q (2W, ta4 :tp *WWboo Ab •AW,=q .W mit * it4l R! is 30 3a1 Shcier rata that Moe, D"w vM mt:crePt the `I!'tWa* iiiai Woe b Ibi 01W.& ,6i . oi) Irb A?eei111tIR last 3a2 iilt?aroor•tigI"OkImmo ? SCOW (D) if requited ia±. -*im _ DAYS *m rite Exocbtivtt T»e o?lilak$toemvat, ?al•at7ia 4ess on 313 . wM order at Scfkr's erW=w a outi$,oadpn ttm ..Me apprope(Mo tm d dto stt 'ice a R' jpactfrrso?e? vpledgs arson 39 314 ins, bouxuri& buddxng, aafely'mr Ilm oadinawws andfor a *040ute ptani{tloi W00044 d'* .• •tragm tipdas.a tit+tibie of aqt eft Sae required repairahntpeovemmis, Buyer will pronVtly deliver a COW e(tbavotiie -to t dIci : no 906 1. V.56Lin 5_ DAYS of recotri3V notice from rise enao iq that Pt r S4#r svi tlrsti€y ?tryer is writ. fora 317 i[g that Seller wt0: , ta4 ase e. M>iift the reQuvttd rapskWhopmeawn tu.xhe satlactian of $lo smraieilmigi, tf 3e#er p9as4? 1.11, 1. aft. as 3" Buyer wccpts thio'Property and aprada to flee 1tg3:IiA,SiB * VmgMb 27 ofdAv AVammaaLbA cep m b. MW slake die mq nrcd nepaidinlprt3verrKtats If Ukr Choasea not to =MkC the TgWhW rppeov , DqW Will aotifjr 39e 01 Seiler in wsitiag vaid>m 5? DAYS that Buyer will: yet +62 (1) make tho' 'improvanwom at Buyer's v4peane, widt pennialm aid act corn qa tBltrt'aoptat9p girea by BidMt; srkM:wAl. not Tex 393 be oavasona* writttlaeld, OR 343 314 13) Thraimatetlits Agm m wt by written notice to Seller, with all deposit mollies roturned to &tyer ammdiagIDam tw" ofP- EM- 344 39S graph 30 cWA0s.A3Tc=q3L 396 3a0 1r8e?per NOW ea> oatd $0".09 gfae.sdttetl iapr rr 0.>l tl) f }:Ar 1P dKA ago, .,v .ae?oe 7pt 397 StJ!ler a lr.t +pote, nary 1ao a4x3t t[lE f!topaLiglF tttWl 48M48 tt11e ,XAM.11ioHparar6 6. vook . aNt$r9+er t 30 sooepta 00 vv"i r IDpee'itastan-*e F ? ? :rl??e ti?.!?s.S?liiwi?lalgisltal..? 31a 394 bas W sddWW Kt vWW . 2. ff Sella &WW Buyer pi amen ?o maloe ?3c t tired dd4;.?atdrra sot ?a.ida100ar mom sore 40o the ncgaiired rt0lmaaJiti, Buyer ?r ?itisb3 _;;,?,;.' i?LxB. tierlse.t?is #>dr r+ra?paattlicitr ta•8e?;f>(??tt?aala4 app 401 monies remarried to Boer accor&n" dw tmm of pmmoN b 39 .af4k 4'• 4W 3. if rmwimimtprti weents we nequmsi cad Saor faitseo pt A4* a cow of the tae tium tDaWm 4ui-moved AbVWfrqb Is (D9 Seliar Wal IN 400 perform aR tepairAnprovemmu is roquired by tha.oodoc at Seger-)L ca psaw l1eja 11. " alm*1 Ar Wr*q WNWM L Oa 404 (E) Aocees to a public road mmy rogaim imumm of a highway oomV easy p&UR fmq,.tbe 1?gat: N4 40$ 1% T'nLIFr, SLM"Y3 & COSTS (96" ? 1p4 409 (A) 11c Property will be c mmrj d *irtlt good sad madwtable rise as is Wa3aaltle by a"noPq)?p?do i1 `.Ve°oF1q?t?1t!e4?Fce>? ? ? An 437 clear of all 1lemA ammo raaces, ma8 casetatift EXCEE'1M AOWEVSK Ma la M *MdCQOIWi il*AdC'PtaWVNdM *7 4W g : iMes sad maux-bom or shrine wm, baidmg xvvkic ion mdmacm vt toads; cm*mw " uw?e 4" 400 . privileges or rights of public service companies, if any. 4H 41:0 (B) Buyer will pay for rite following: (1) 'fine search, title insuraom on&or rnodttmics' lion iaMKUWm, tr[ •K1/'tl0a .13r'vWW0satim; 04 ttt (2) Flood wum ace, Ere Woumwe with extended coverage, mine aubaideoce insarancx, or say fey fQr cmvelg6ki, MAPPaUsil fm sad m 412 chuVes paid in advance to mortpge lender(s); (4) Balsa's cuataroaty sett coats cad sue.. 442 413 (C) Any anvty or surwys.required by dw title ia>antaooo canspaay ar do *aeaotbsg 4ttOWAV fats pmtp"%-era X%qM* taut 4C4Xiyefan, Qf !tore 413- 414 Praperg- Ear the amu on tlmaof) Will be of tmoed and paid far by SaNw, A ay Keay or raarttvy4> J9tg srcrragai?s?dby 11;o made 4% 40 leadac wilitfs 4abnine$4trd paid Arr 1sy :8ttymc 47S 419 (9) IfSdWis•oeaWiogiwa.VW=dace etalaaodea*nittasumblatW-&termlbl fiftimtoqc mapm.eitl&4agnlalSkS,45VOO od iu 417 in patrgtrapb l9 (Ac), ?*YQ tvd1: 417 418 1. Acceptte Property wiih smob title as Seder can give, with to c$fenge t6 the plavbase pipe, mad agave Ao the 1 E Jo p&tggq ld 27af *b ip 419 AVem=4 OR 4ta 420 2. Tamaja le titia Agaosmont by wntkar notice to Seder, vk* all 4cposit ataaiee relttMad m 8tWa >laio9 of to due w" of 30 of An art *a Agtoouaout Upon toramation, SOOm will mmbu m ti uW for arty roan i>mMmd by DloriBprmory >1 VIdba9r arm bbMla a 421 491 acoor&$ to tbe.a9rms of tbisAgmpvmt, and far dw*e3ksae apt3ai$r?.it .19 :itaona (1 .•±C??.• 3J ?l tgppir ?Sr ?2 421 (E) The Pmperty is sat a 'bmc+gadamd-,oe)ria" ore 406aed is the Pa aay)vadia -Coaxwbm Cade A14 mOns ,throw m 40d heal. *9 110*014tiOU 40 424 Rtgud* Rooramfi nd CAM m): 04 429 2S, NNXD C 0Ml1®llWrY• (WXpMWXYAWM Atli SOCL43TOFt) .. 4Qs 4:9 Nc?i' kPPI.ICAI3LE +? 477 APPLICABLE: CONi)Cih4iNIt M. The Property is a unit of a oou&xminipmt that is praanrcTy ?' by a apix otmtaa` association. 134077 tort Wo Ca 49 Uniform Condominiam Act of Penvoylvats (sex Information Regooding CeadonilIdu nt sad wed' Yat(ldtitsS9sar 1ti' men 429 Buyer wick a Cctdfacwx 'af Usate Ud copies of the can t dodarttlr n (otw an ptatm sad it " z?• 11 m4 ftC?as ioAtitgtila 4m 430 tuns of the association. 444 431 l7 APPLICABLE. KANNED-C ONGA MTY WMEOWNkR ASSOCdA=KN 7itp.Psiper}7, is part ei' gglemad:w?mn?! ?a )ib?aMS113jt 4a 492 dw 13a ftw Momped Qt+1e4 mmty Act (sea lion Yrlrankn$ Oaltdataitiaata sad fMllt!rMl?: a 4ea$ 6A'' 0?EaJ O f& Ant nqob= 433 433 soft to brym W* a.mm of the 1)ecrt?stioa.(asiK=.ttt4ta Phft M&Tbm,.1lta byiasas Ar?1+pW?.. 434 a.( oot3t the pmAAom seftib is f 5407" ttdre Ant. Oat 4m Bayer lam AS,-& PW7430 BMrar titt?lttltt /?( OF .>.? ......rA. Mar 10 2009 12:34PM JOY DANIELS 717-566-5492 p.9 434 THE p'OLEAMWING AM ES TO PROKPI TIES THAT AU PART OF A CONDOAUMM OR A. 436 437 (A) VAtbin r15 DAYS f en rhea Exccatkm Date of this Arm mesa, Seia.•at 9a1W*epepeere, will *gtai>at` r+w ttte?as6itaal?Ini CtttiSaalenT W 436 Resale and any other docommtta gaoQ66ary 10 .ept4eble St o oowply the roleseAt t]n Act vldax tfitt4 atsoeilili4tl is'tegnirald :W: *p 4M Pnrv* dare docsuixata within 14AWs of Seller's eegntat -.. ,? 410 (B) So'* wi l Pe*0Vdy "Veto Supir idl domnceiis rrocieed Roar the auociwi4xL 1hid4F,JioAel; SeUexleoet lib tai ?r.1116'>?teat0f • N40 441 the association to provide the caw in atho0y ma ne4 norit 3tiler habit .b43?ryer ?btatipt ii.cortt at oypoatitldedlry b&4@ddC1- wt 442 anon in the Cerdtae e. Nt 447 (C) The Act provides that Buyermty declare this AVvana:at VOID at WW ono befaae Buyer tfsooiaas.tbe itsaoeiatieo doeo4aastp.tasel for S dagn slier: 40-- 444 rectim OR until aewavew, whidwVer occurs ant, Buytes notice to Seiler seat beam WrithW, WPM $gy+er;. ftrAgmemant voK-all -444 4455 ehposit aaoedcs will be cobwoed to Buyersece:diAs to dw terms of PLma 30 9f-d1g*.AvM t. - #4ti 4K, (U) toAo- bwtheesi&lobuytheNaperty(rWofiitettfig4,,wdAvesma sic steak oeeoe' pc cc:sMi 44r aa7 eosh ?eeasvd by BteC fos'aa9F?gppu or cerrifieatioas shirked aeapreKiu? b4ra4grtw?A?rogeiK sod?? aotlsoaapdbj? 8dyer . us for. (1) 15de h`titltin4urseroeartd/orriseohanica'Ilaninewarsoe,oc.anybeefereoe0odlad,67i1.(2) Fiogdimstaawgat+dlrt>3satgsasreas•v t19 119 a xIcudexl o0mrago, wdDe stlbsddam i wmanac, or any fee' for car4cIbRioa4_ (3) Appteiael.ftxsAW tt04marktibs?1),Ie?4e®dr?e).:.i?t6 4W 21. KAMMANM dr RM. OF LOSS 00 451 (A) Sella will maitltasa the Property, grow s, fixtures vAdVersoeml property specifically tBtis A araelt in its pre*ent on, xomW :grit . 42 wear and tear owept ed. 40 459 (13) if agy system or appliw= inchsded in the sak of the Properly fails before, se nleimwa Seiler wda; 462 464 1. Rgxdr or replwoft failed system ar plianoe beet "Oemeat,.OR R4 4" 2. P4rovitie ptompt weiuea'addev so.Bw yerQfSdWs:dockian ex. 40 456 A Cm&t Buyer of wM mmi Am thebiir nm kct value of the Mad syetom or apvUsnoe, as 0eogtgi?•1M,4M ao[tg4ga.iadb (aL VXV, PR 456 457 b Nee repair or sepde co ilia failed system yr applipeoo, and set c+?dit Baysatdsaldarae let tJiei t?tir eoddtet vaiw ssf Ito faRod system '. , 466 or spplianee: K 499 3. If Selie r does got repair•or repleve the &AW system or applisme or Ww to t Buyer far i?s# rir roc yi(+tt, otilSgl3err QtifdwtYeH- qi6 1lrl f)r Buyer of Se11er'a choice, Buyer will notify Seller.in writing within ?_ DAYS or baReaa,.+altic?re?vtiar#ir?,$s4Hweya 4uD 461 will: 4M 452 s Accept the Pxopcrty and agars to the RELEASE in paragraph 27 of this Agtle4gotu, OR 4M ere, i> fkncrinaio this Ag{reosrrrml try w4it71ea'gcltico to Sa>{a; wig 511 diGprtsit ttiagias c;tsi Raydr aotet ?o die lords of'paq. 463 4e4 orm;a'agis?ienr 44. . 469 (C) ScHerbsats.thr?tet<Ipa?,fiteacot)letoaseattiest>tmtaddan?Llfm}rp+i?pttttylai?IdoellraBRSSaies Alb A.* Accept the Iltnperty is its thtar qurrent elborlloa:mEa?ar wil6.tlte pin I iiheewrea7F,ii t ; , •w 447 2. Tamine telhis Agreement by whiten notice to Seller; wIM an depeiaiE'?tezad jo l ,aolap trglttUftims4 9KM%Mph 33 of 07466 this Apeemant 44 445 22. COAL NOTICE (Where ApptleaiAe) .46a 470 Tm LvmmENr mAY NOT SELL, comm, TRANSFER, iNCx = OR amm THe TnTi.& To nw. VoAL AND 1tte3= OF MRPRRTVXDWMVAM td6 SUIP 5 LO?D .4t'6. . 47i 0M-JtM p OR MERMD TO rtUMN, AND -"M OWNER OR OWMiRS OF MM COAL MAY DAVE IM ODMPI M LBOAL )@ii' VGML B A[1,4R1e OW4 MID 4Tt 47Y IN MC.Mea MN, D" AOR MAY BI'-MU TO THH B MMM OF T*M I-AND Ate A1iY-HOV ,168t%bM .Ole QRM SWJCPJFA ON M * MPB fAHbu fTbis {72 475 aotioe is ad feisth in the tnaaaer prwrridCdbt Sextielri ! of tHe: Aa of 3uly 17, 1?37; P.I., lit?tv)."Bayartihptbrtbsvbtidetdtgie Ors 474 r4k of psotootieni vaielo sobhAeooe rt ' oem coal mfg aPeaatians. and t2slt did poelpeat?r dnq d i>Ceejn a1My bapaiDlCC6efik n .:tier M dna to >sks subsidenoa by a private co»gaet wide tlse e>rwgeta of the eooaiastiic iltta4 sste:iif stita'exati: 7?1iat is?rirdeFetdtretitbee 443. - 479 of complying with- ft p mvitk= of Section 14 of-dw BdwnesoW Dine SHitidexrce and the l amfGonserxation Act ofa4P&27I -"or adyeir Serena tars 477 to sign The deed from Seller which dcod will contain the aforesaid provision 47r Ora 23. SON (!t?ts) as 472 (A) Possession a to be deUvaodby dived, keys and X71 460 1. 'Pky*A possoWon tQ vacent Propavtyr.f=e bf deo* with ell-swoo4m broour4Aima, vt day sad ti w ot66ttWwva A 446 ei 2. Aaaigx mat of ally adsting. kase(4X uydber with any s<xAdty e;ipclsiAs an d $?s,Kt,•at kf?t iod+iiAe Cl aC?i? itil!ia?r iY•ltt?60d at ?1i1 452 ibe a4otaYitla 4!t ibisraotaoatsm[ass odbaege.a66t9od inahispeaaet+t ids 463 ($) Buyer ta11 aaliaowRledge(614i??••o(!>k+t wo stetrstiest ef4de;. trgipgi aitia?aod ' ttaa. 464 (C) 9eiles•svill -riot ceder into, any gale' leases, corrtaiims of exiapm 3pais oi: w tieilat?il0?e iiet6jiiiii tb d?r?Rw?Wea6?oE of .4t1 465 24. NK"RW4G t4?Sj T1?ia Agooementwill tat be recorded id ttia 01?e Of o llcoss+dar iekiefs safe tw94r 4?tt.or?iiop littniaEitd 446 166 if Buyer crews or permits this Agreement to be recorded, 6ellcrvwy elect-to tim such act a v Umwh oftaS lk?elerhegL 4" 487 29. AStSiGNi14iCIV'T (S-8S) This Agreement is hinding apron the patties, theirberirs, petsoW repE+ooeofttnives, j?tltdl80?90RIB0660skm a, NO le *e tst4esif •? 466 assignable. on the assigns of the penes berates. Buyer will wx troushr or assign then Agre teem WidA144se'v a aaat'aF?Mlss wI*itas ptber- 46b 444 vim stated in this AgamwnL 40 490 7b. GOVZR?MVG LAW, WNVE,& PSRWNAL dUit!' V TWN (!-Oeej 410 . 461 (A) The validity and conswAcbm ef" Agreement, and the right bad dodos oftlla parties, vAll be ge vevead iis aooo?agmt-wt+itirtbe leas ef?e 4V ' 462 Comm mycahh of Pennsylvania 482 An (9) The panes trgree that any dispute, mayor claim mining nadec or in Conn -wilh titis 24g reeementor gs pec?aanea?Y aittaee ?ecsy 4" 464 shall be decided exchx4%mciy by and in the state or fodctal Cnarta sitting in the Ccmmosweso of Pc:=sylvariia 445 V. REL AK (945) Ae 406 lkrynor raiwaay eight e I Isrs mW forsvelr dls&* "SELLER, ALL MWKMM their [, ,c slab r"liptswr +K 497 F,+klilT?!$fwt pry."ere=of tlserrt'tl.asiy atber PEbtSOM, FERhf trr GGRP018A7MK'snit'altpe .WSW }ia?1c 1WsAtd 494 wvt* x,19sW-W 400omblby Igptilelhg, Mass not find edPwasaudboiry rs>d ,di - tiideepf,'ttpa4 W 40 469 haw err sat; srlsfei +rriya<riaat Praaneo a/ taa: w wwr iwatarim inert ptroetillbp, ire tt; ?a soo lrfdaat•ilr?siiltsy aagr+l4tfists??ra4az?itil4ar?a?s4ss?e?.etel?i?e?dR?.gltl? •bb Sot )se 639featder.tutp mt ?iakpdilipdt]AbthtilE`i1?Ffl!!mFi!li_i4n4 sot a 4irk r4i4aa6 rb4a:aa?. of atllr tt?o pnle76a ee? 3W e6' MAJ=. t: ..,. .. ?y ": r;,.;:,:- :; ; ?.. : • <y4?t{)t .. f ,. Mar 10 2009 12:35PM JOY DANIELS 717-566-5492 p.10 eta 2S. RBPRESCYFATKW3 (9-" ss6 (A; A>s trpeeseatatiaoa, t$titns, tidvettisittg, ptutu?nael ?C&1rNies, broclrmaa•ar plow of aayi?nd motto: bar Ste. thou i> ?y-" tli Sol cos, ofwas or pastaots are twts Prot of this Agratmaa rraieta eotpeeealy lDaerptNate?e[tatatotliefbis Atgpppospnt Ttdr1 Atbroarsror eaaesou the tt7 sue whole aWtanont between Seller sd Buyer, and dm are too o>dw aaas, obugstioats,: effa rm. "Fmi"dotw ftstatoetrisof toaftare, Gag ns 569 or otherwise, of any kind whatsoewer conoecniag this sak. T6o Agr twill not be shirts k armended. Hr ewept in wdlin& 309 510 executed by the parties. 510 511 (B) Uslen athavbe sh" hi-" Agnwar era, Buyer has taspected' Ire Pt+epaety lb]tAlsra flit: psseeat3 psepst'fp apediadlfr 511 W Mseed tt eraM) be/ore storing this Agmennot or bus waived: she rtot t9 de sot toad agmse' q poirebsse ter 1 04 as FXZKXT .fix sea C(NaDrrM 1%yer acknewledeas that Brokers, tbek Samsess, empk7eva, often or ! €?t8110 ale -oft i`iepola&W tare- 013 $14 Iadfen e< detasmiuatlerr of Ore sftiod6 rral soeadwaa"af Ow hvI06 , ft-a pseo c6adhi?n of #0 . P4 srs tha p sisMed rite or of apa Adooo oxie t ag Gr the iacak whw* its Pr pwty Is dtvbsft } nor bwe"!be! mow a usebodak iaspeadesof nos 514 asy otfk s}y/ors onntsskred eeia. Bra 517 (C) Any'repsin mquind by this Agneeineatwiil be Cornplcted iif a worlmwelike meteor. 517 sit (D) Broker(s) have provided or may provide services to assist uMeQttlemod pafics in cerplybtg with-this AgrotsuaL Sig 518 V. DEFAULT (f4M sib W (A) W- ter has the option of retaining all swiss paid by Buyer, including the deposit mo ries, should Buyer. t3o . 571 t. Fait to make any additional payments as specified in paragraph 3, OR 522 2. Ftaniah filar or iracample?" intntaletion ro 3t!ller; Brnlter(s), ix! PariY Wam5at4 iris Agroeamgsl coroee lihyreF's kBal.ex tie 523 f runciai status, OR 323 $24 3. Violate or fail to &W and perform say other terms or conditions of this Agreement. sa4 325 (a) Varies oeeioraritaclseeksi it psasga019 0"sonartray elect to ntefm"nose rrtna"paid by Buyer, ipOhtdiag tiojiesit ttxaeieat: she $76 1. On account of porc rose prim OR $ea $27 2. As wouies to bo appEW to Seiir'rdosmngea, OR 62? SIR 3. As 1*"atod damages for such broach. S26 sal (C) ht MT-I SR L*,LI1K1TEDTO RXTAINIMG KNS PA-MBY 8DYf P, 94CIdlD? M UMPO - dlL ,AOL40UNtOWN&VOM& so 330 (D) f Seiler rab ins au stoma paid by, Buys,. inCtading deposit moues, as hgiAtWd dtmasyes purse atR to` =v 2% " e( n Bigaac oaf War GW 131 arc v4send from hasher liability or obbiW*= and dais Agcoetnest a VOID pr s3z 311: TER FNAt, k dt Rit?E1[tX OP l0524b8ft8 (9415) sat 133 (A) Whore Bayer ttxmiuates tats A,grawm t pursuant to any nigh Strafed by this AveewM afd dep oeit mWass 064% sca ao of fie prise . SU rpd t viltb?e rsnrrnad ro Btsyar add this A)yreemsnt wiIl be ViEI>? The bavlear huidim?g tfie hat iaonies2a?4atip tle11 leli0*8VWiW 0a Wd W sm itig to fix tams of a R?R3' exeosfad wrlttaa agzaemCat botwe+a?fitatygrami iShcet "atrd asp ed lsy#e i>rs?satElia?oastst tar %*Rod so son Estate Commission. 536 537 (B) lfd= is a•diapato over entitlenvat to deposit monies, a broker is not legally p4mrdtted to doommine if e braetCh amwedor wine 'Vety is anti- N7 536 lied" Lo deposit numies. A broker holding the deposit cronies is requaed by the Rules and RepAWWW of the Sao W A4 ESON emwis iaa In tttt tea retain the monies in escrow until tine dispute is resolved. In thevve0t of lkig*wt"over depask mosim atJe mwill 6WbWs4itdMWies aooori- sat ?p ing a rho tealt4 of a ttasl order o f court u< a writtaa:agraraeat ttf ti1¢ patsies.. ? itad BetCor egsast: tlac, iriay ttreias or td?d?lieaseo is 640 S41 joinedin litigation warding deposit monies, rho attorneys' &as and costs of the bwkarNs and Bochne ) will be.-pvid? by the perry dzm stn sot! 31. REAL ESTATE F=Yd V11lV VV40 (945) so sea l awoe Hesttis t s> dsj ? la asstate A Roll" Ea4ite Racavay Putd exists to nurse say person who have obtained a Aug eivil judgraeut xgminst a !0s 644 ? ?, , ,? r ? ? OW rrW4 to Bard, mlpE tln, or dsoeif W a teal estate' ft*nsw* m and who'1tave beermoble W ca&W i w k sfi °t?.v""? OR *l W sea and equitable reaeatlies. For cegslete details about the Fund, call. (717) 783.MWor (00822-2113 ( ?)" L73 flt3-483?i (eaG us S46 side Pennsylvania). 347 32, NEDL4MN (945) stn (A) 1lmleet o+hawise. chocked in paragraph 32•(13 Buys and Seller will submit all disputes of claims *at prise Ilrow his Arm m" 14,mahidan Ssr 644 is scoordsace wi& the Rules and Frordaros of the- Hoene sell rwHomd 9atyate D&tp ft ?1+oLmt#ea Sy.aaAt? hey so so col and by One patties rv? ht binding (9o901?i0ra .? s0 "1 (B) Buyer and Sella bava ra"l* 4 road,-acrd:wtderetarid the iku 1or=dPfooedeeeeoftlsa Efine"S?'1 yeia i`apsts Rat*SiW*= . 151 552 (C) Any sgoormcat to modieft disputes or eJa = arising frmA 4bis.AVvvss es,wi9 amvroi - gNsmeai eat sea (D) ? AT" tl$ wA,PVrj? Buyer sad seer ur4 towd tinstthay racy Choose"'ib wedrAe at a law date should a dirpam or maim arise. M 654 bat &m there will be oo obligation for taty patty to do so. 660 sas 33. Ri R]atY7 L LTrAd9-HhtiRA RAdi HAZ,41tlD RllDtJC77f)TT ALT Nf1 bEB (i> uit+ed lMtt ?tet{rer tttwasi Rtt ""s l+l!4ilF WS 631 I -13rsei Palsi#) cedar di 1fiYoloeare ?: The Roddatdat i osd-Besod PeW Now+$ hied Aat.v***rea my solior otprop as W arty Wlt before t978 to pmvidothe buyer with an EPA.approved lead huardt itttvauNiDn.peo>siM?ot EthleidPebsto7 YetiFl isare leadis]bar W on How and to disclose to die" buys and-dw brofxes(a) the known "pftsence of lead-baacd pal d an&014416eee01 Palen 1 to 4r oft tk-PWar- sat 334 ty being sokt, along with tW basis used far determining that the" hrrasds axr sr, tic iocadeaw of the haasts" =d fir ooadi9aa of ps4*4 surdtcas. 5w so Any seller of a pre 1978 strut Curt must also provide the buyer with any records or reports wz la * to Nr seller t0pWhW- sed4Med P@We®dobr $0 set load-based paint hazards in or about the property being sold, the ooronwa areas, or other easidoatiel dWWUW in muw-ftaeily doomiw fiatbm a set eG buyer is obligated to purchase any lousing constructed prior to 1979, rho Act requires" settee to give the ba?ya 14 days (unless buyer tad sell- tux W or agree in writing to another time period) to conduct a risk as&mmient or inspection tier eke presence of lead bseertpaW sadFar lead-bandpaaut N3 era has'ards. The opportunity to conduct a risk assmatent or iwapootion easy be waived by she buyeai, in *rWW Aleidser WWM tsar ebOOO t is s64 sus requ ind of the stiller. Housing bu8t in 1178 or later is not sub*,t:lo the Act. tat bee NO'f APPLICABLE. Property war buiktis 1978 or hater. ? sal APPLICABLE. Ptperty war buW bot'ore I.M. Broker salsa sonar am Lead4Nnee4 PA" Hasards 9belesaft rat[ 1WVWBoa 3" sob Cotri111fgetsey Addeai0ari (LsAfR Bonet LPA) er es+ostsr avos}ntils /iu4as trltir.? t b5 *0 ?,">?1 ow M 60 ""Uph a! Prwarct MW iGoirrdy fi*W Load 'W *W 19Go WA auyEr% nears 1Riliti bwww this VWW *W* ?daaaaseee;G sea 570 `-0- Lead-Based Paint 14azards Disclosure and Iaspoxdon ContiuAeruy Addorufirtn falranYidas tit!t ?isA t+eeaasnt} sP6 671 -Ir , p j Prows IhatjRom Yly frr?rt Lead is Yo t& Hosra m s7z 8gyer fatltldsr ,? ?? ? A04- Pugs-94f'"" Be6tr i N2 . 1 57e 574 e» 57i 57t sn Gtr sea c11 s!b sas se4 sae sal sat sae sae 590 stn Set Qet3 e? dvs H6 547 50 ,Mar 10 20019 12:36PM JOY DANIELS 34. SPECIAL CK AUSBB (1-42) (A) The foDowiat we Mm's of 116 Ag nm meat H a be ked: ? Sak & Satdwant ofOdwPaepetty ContinglmoyAddendom (PARFacm SSP) ? Sak & Sa dement of Oth=44epcrty C mfkngmcy with Right to Cootum Mtedeeang Addendwa(PAR Form SSP-CM) (B) 717-566-5492 p.11 w 94 S mlahxw of Odhs tepo tg Coatirw=y Addmdetre>:.(PAR Poeat SOP) tit '[&=W-f mspW Prat WyA*Amd a1(PAR.Pam TO". us - O vr ? rn ? lve Bayer mW Suer sdeaomwiledge receipt of a copy of title Agreement at the time of alVsg. sp Ut in btl sµ eet sII st7 sm tel mo wt eat sea alt Ila 30 SIT aril m NOTICETO PARTUS: VAN SIGNED,'TMB AGIYXMNT 13iY 1G CUMTW l4?tibelue##tegat?asaae Nd•baawr?, we too an aftmwy bdm dpin, t(tUT lobe log"i worioe: Soo wt Ratoea by.f mWfis bvwmW" (FAX) of tbis A reemeat, mW airy xWonds trod- ; barJel@ 4W Sipmb w" of el pones, '0 1h W. w ""puma by the partim em aa3 f4 066 soa toe Gal 114 e11 812 eta $14 Sts 6ei N7 sit m Itl 814 4811 as 617 qa SFAIA S MAILM ADDAM: I" oil Ste RD WrFNM SWAM 421 WIi?VIDS3 SeLI" t3A E ? 622 tvrTT4 .4S SELL11s VAIN A/3-R Page It of U Gaya r bas received the Consmer Nodee as adopted by time State Real Estate Ceau issieu st 49 Fa. CO&JU 3M as Baysr bae reaiaxk a edeoeaseat oE1t r'sesti ,eb?gloeet? beiaee? tVftVAiwAVw*wL ON Baler bas clad ewrE-mantandl fte Irotbaes and epla m" itsforasaeba U A& Agnaa u&. 40 Brr}?er Wee woM?n+d a 5o1f?'a Draper 3tstdaest re3ree wog tills 0 e"dr od by low (be IPibmndoi 4* the Beat die Sellef .ISiselseare LAW). 49. #soites'1ie 80 r1a'bwkdig alR?Ma? ?lasip W3e' 1b Hie7sarbar4fts1vei*a GOP"&f4eapy~Native (for oaeparative wW "bow ertl BUVIWS MA11M ABDItl::38: F34 I F w.4t raspy WITNESS BUY" DA3U ? Seiler ba re+cdnod the Coammor Notice as adopted by the Suet Rsd b oku Comadmim al 40ft-Coie ?3533ei. ?' Selter bas rwelved aatrrle of SeNWo sodmolld dodog costs bdom sig niag-tlMs AegaesavL ? Sslies.im read and tesderWads the neHrsa-md ercptaaatacy IrfOruA*m briW# r „ Mar 10 2009 12:38PM JOY DANIELS 717-566-5492 p.13 SETTUAMT OF OTI" PR(WERTY CONTWGPENCY ADDOG" TO AGENT OF M,1tr Ne farm tamsomoded ad wpavWax bw not mrhkW to use by, the ogobsrs of ft PataWhiW& Amg6@ = of RSALT0R9* (VW 1 PROYSItn_ q.. C#VA1VVS'4, L?•t4c Cark.,4 Y. C 17'V f 3 BUYER fkvlod C i 4 DATE OF AGIREEMIeNT A64dr 6, Add F s s I- 'Ibis sale iH contingent upon dW setileamnt of Buyer's property at: Ct•fgr iS- ; : Buyer's Proper6Y is under an Agreement of Sale, with settlemcrA to tdw pbWC on or befora 9 A copy of the Agnxmxnt of Sale for Buyer's property is attached hereto. ?o 11 2. If sddwa mt of Bu)er's property does act Qrc= by the WMiv? date spoeif o abom Sammy a *o AVeamw by wrb- V ten notice to Buyer and alt deposit monies paid on account of pluchaso price wilt be rimed is H y=. Buyer aid aw ar "M to w cxteW the daft by which setknent must oeom ullail gager tern bwtu this AgiwmwL by Wr*M..aetiee to %UUW. i1 i6 3. 'Ib¢ trans of this Addendam change and prevail over the provision of the heatpe Col ascy-O we giving t- *a tit to if termmAe the Agreemad of Sele if'W4yer's tnottgaga commitmea is oonddoaed up= *e ale and.sWJW0vA of tyexii pmpvrty. 17 1s AI! other terms and omWWw of the Agrees m of Sae mumbi 1w eh settee b M3au±taM md-ai" 19 10 wa.lKW l . T. WiTPFl M ' 22 *TrfJM 33 VaTNM 24 Wrrfms SELLZR VATZ 26 WMUS - SELLER RATE Fwmiylvania Association of REALTORS' assn Prudential Thompson Wood Statement of Estimated Seller's Costs Real Estate DATE PREPARED 3 / l t ), q PREPARED BY t ILI SALE PRICE -3 9 Q( g cc SELLER 7v`Y., A + 1Aa 1 u?- ?ti?drA, L K PROPERTY [?f?ctv ;low N CARU.tj j Moi91 The following estimate, showing the amounts to be paid, supersedes all previous agreements, oral or written, and is provided so that the Seller will understand what costs will be deducted from the Gross Sale Price at the time of settlement. I . Real Estate Commission K1 % of $A S?iC1 $ ?9?_ 2. Transfer Tax _ /- - % of $ t.??T?) ................. . .. $ 3. Preparation of Deed ............................................................ $ 4. Transaction Fee ..................... .......... ............................. $ 2G[? 5. Notary Fees ..................................... .............................. $ ?J 6. Disbursement Fees/Settlement Fee. .................. .............................. $ 7. Wood Infestation Report .......................... .............................. $ 8. Radon Test ..................................... .............................. $ 9. Well Water Analysis Report ........................ .............................. $ 10. Private On-Lot Sewage System Inspection ............ .............................. $ 11. Lead Based Paint Assessment/Inspection ............. .............................. $ 11 Mortgage Placement Fee % of $ $ 11 Buyers Settlement/Closing Costs ................... .............................. $ 14. Home Warranty Plan ............................. .............................. $ 15. Municipal Code Enforcement Inspection ............. .............................. $ 16. Repairs ....................................... ............................... $ 17. Roof Certification ............................... .............................. $ 18. Plumbing and Heating Inspection ................... .............................. $ 19. Electrical System Certification ..................... .............................. $ 20. VA/FHA Tax Escrow Service Fee .................. ............................... $ 21. VA/FHA or Other Document Preparation ............ ............................... $_ 22. Flood Certification .............................. ............................... $ 23. $ TOTAL COSTS ............................................... ............. $ These are approximate figures. Exact figures will be provided at the time of settlement. In addition, Seller agree to assist in financing in the amount of $ for years at % interest with monthly payments of $ Based on the above figures, Seller hereby fully understand that they will net approximately $ from which deduction will be made or credit given, as the case may be, for payment of existing mortgage(s), judgment(s), prepayment penalty, satisfaction fee, escrow adjustment and any other liens or encumbrances, tax or insurance adjustments, sewer, water, or rent adjustments, and any other items to which the parties agreed in their contract. I/We hereby acknowledge receipt of a copy of this Statement of Estimated Seller's Settlement Costs and approve the above Estimated charges. Fax Agreement. This Document may be executed by the Buyer or Seller and transmitted to the other for execution by telefax. When executed and delivered in such manner, this Document will be binding as though executed by the parties on the original document. WITNESS SELLER: DATE: _41(t (01 V71TNESS SELLER: DATE: DANIEL M. LOUDERMILK, PLAINTIFF/PETITIONER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. ANTONIA E. LOUDERMILK, DEFENDANT/RESPONDENT : 08-5505 CIVIL TERM ORDER OF COURT AND NOW, this day of March, 2009, a hearing on plaintiff's petition for special relief is scheduled for Tuesday, March 17, 2009, at 4:00 p.m., in Courtroom Number 3, Cumberland County Courthouse, Carlisle, Pennsylvania. "Daniel M. Loudermilk, Pro se 520 Meadow Croft Circle Mechanicsburg, PA 17055 -,?Linda A. Clotfelter, Esquire For Antonia E. Loudermilk :sal t Fes /n". L4 Edward E. Guido, J. A?Nf?V Yino 9c .C add 2 1 svk 60DZ h 1J??? ?r CW 3NL F A 7 4 DANIIEL M. LOUDERMILK, Petitioner V. ANTONIA E. LOUDERMILK, Respondent IN THE COURT OF COMMON PLEAS OF. CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-5505 CIVIL TERM CIVIL ACTION - LAW DIVORCE ORDER OF COURT AND NOW, this 6th day of February, 2009, the parties having reached an interim agreement which they have articulated for the record, this matter is continued to May 8, 2009, at 11:00 a.m. Pending said continued hearing, it is hereby ordered and directed as follows: 1. The parties shall immediately list the home for sale with Michael Stansfield or another Realtor mutually agreeable to them. 2. Pending said further hearing, wife shall have exclusive possession of the marital dwelling. 3. The parties shall abide by the other terms of their interim agreement as articulated in court. By the Court, rte, Edward E. Guido, J. Harry M. Baturin, Esquire F r the Petitioner Linda A. Clotfelter, Esquire For the Respondent Sheriff C&4 `y J srs t7 T tt3J ??? DANIEL M. LOUDERMILK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-5505 CIVIL TERM ANTONIA E. LOUDERMILK, Defendant CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 18th day of March, 2009, after conference with the parties, it is hereby ordered and directed that the Respondent, Antonia E. Loudermilk, sign the agreement of sale with a counter-proposal listing the settlement date on April 25, 2009. If the Respondent fails or refuses to sign said counter-proposal, Petitioner may sign as her attorney-in-fact. Upon settlement of the house, after payment of the liens of record and settlement costs, one half of the net proceeds shall be distributed immediately to Respondent, Mrs. Loudermilk, and the balance shall be held in escrow pending ultimate decision on the issues of equitable distribution or other agreement of the parties. By Edward E. Guido, J. ,/aniel M. Loudermilk 520 Meadowcroft Circle Mechanicsburg, PA 17055 J ?inda A. Clotfelter, Esquire Attorney for Respondent X-Iarry M. Baturin, Esquire Sheriff --' srs ^? 14(l X1 13 3 f r LIDANIEL M. LOUDERMILK, Plaintiff/Respondent VS. ANTONIA E. LOUDERMILK, Defendant/Movant 11M 'i -; kjuj : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 08 - 5505 CIVIL CIVIL ACTION - LAW DIVORCE PAC-sts V7D I t u-7E?+ 44 AND NOW, this I3 day of March, 2009, upon consideration of Movant's Motion for a Hearing it is hereby ORDERED that Movant's claim for alimony pendente lite is hereby referred to the Domestic Relations Section for a determination upon a conference and/or hearing as necessary. IT IS FURTHER ORDERED that the parties shall appear on the 2!7? day of 2009 in the Domestic Re 'ons Section O .4ce located at 13 N. Hanover /77 Street, P.O. Box 320, Carlisle, PA 17013. BY , J. Distribution: rry M. Baturin, Esquire, Attorney for Plaintiff inch A. Clotfelter, Esquire, Attorney for Defendant A ?,'`s Jvr?? a? n 91 ?03 ?? ?tZ ??? 6t10Z CPA In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION ANTONIA E. LOUDERMILK ) Docket Number 08-5505 CIVIL Plaintiff ) VS. ) PACSES Case Number !870110754 DANIEL M. LOUDERMILK ) Defendant ) Other State ID Number You, ANTONIA E. LOUDERMILK plaintiff/defendant of 4 COUNTRYSIDE DR, CARLISLE, PA. 17013-8419-04 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 MAY 7, 2009 ORDER OF COURT at 10 : 3 OAM for a hearing. You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income Statement and the appropriate Expense Statement, if required, attached to this order, completed as required by Rule 1910.11 (c). 4. verification of child care expenses, and 5. proof of medical coverage which you may have, or may have available to you 6. information relating to professional licenses 7. other: Service Type M Form CM-509 Rev. 1 Worker ID 21302 LOUDERMILK v• LOUDERMILK PACSF,S Case Number: 870110754 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: ?' - U 01 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-509 Rev. Service Type M Worker ID 21302 ?',? ?? r> : `. ` : ?-v r.9. .i ! .--roe .. -;-g ?,w ? ?. fwr? J ."Y 4? `',j ....e. ?? In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION ANTONIA E. LOUDERMILK ) Docket Number 08-5505 CIVIL Plaintiff ) VS. ) PACSES Case Number 870110754 DANIEL M. LOUDERMILK ) Defendant ) Other State ID Number ORDER OF COURT You, DANIEL M. LOUDERMILK 520 MEADOW CROFT CIR, MECHANICSBURG, PA. 17055-5862-20 are ordered to appear at DOMESTIC RELATIONS HEARING RM plaintiff/defendant of DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 before a hearing officer of the Domestic Relations Section, on the MAY 7, 2009 at 10 : 3 OAM for a hearing. You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income Statement and the appropriate Expense Statement, if required, attached to this order, completed as required by Rule 1910.11 (c). 4. verification of child care expenses, and 5. proof of medical coverage which you may have, or may have available to you 6. information relating to professional licenses 7. other: Service Type M Form CM-509 Rev. 1 Worker ID 21302 - ft, LOUDERMILK v. LOUDERMILK PACSES Case Number: 870110754 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: , ?y p 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-509 Rev. Service Type M Worker ID 21302 ?, ? A? ? ?, ? ? ? ? ? ?^ ? -v -c DANIEL M. LOUDERMILK, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION ANTONIA E. LOUDERMILK, PACSES NO. 870110754 Defendant/Petitioner DOCKET NO. 08-5505 CIVIL ANTONIA E. LOUDERMILK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOMESTIC RELATIONS SECTION DANIEL M. LOUDERMILK, PACSES NO. 496110578 Defendant DOCKET NO.2 SUPPORT 2009 INDEX OF EXHIBITS Petitioner's 1 - Complaint for Annulment Petitioner's 2 - Answer, New Matter and Counterclaims Petitioner's 3 - Earnings statement Petitioner's 4 - 2008 W-2 Petitioner's 5 - 2008 federal income tax return Petitioner's 6 - Expense statement Petitioner's 7 - Check DANIEL M. LOUDERMILK, Plaintiff VS. ANTONIA E. LOUDERMILK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. CASE NO.: CIVIL LAW - ANNULMENT NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for 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, Carlisle, 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. The Court of Common Pleas of Cumberland County is required by law to comply with the Amercians and 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. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 BATURIN & BATURIN By: HAR M. BATURIN, ESQUIRE 2604 N. Second Street Harrisburg, PA 17110 (717) 234-2427 Attorney I.D. No. 83006 PETITIONER'S EXHIBIT S-7-6q K ' DANIEL M. LOUDERMILK, ) IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNA. VS. CASE NO.: ANTONIA E. LOUDERMILK, . Defendant ) CIVIL LAW - ANNULMENT COMPLAINT FOR ANNULMENT AND NOW, this day of September 2008, comes the Plaintiff/Petitioner, DANIEL M. LOUDERMILK, by and through his Attorneys, the Law Offices of BATURIN & BATURIN, and files this Petition for Annulment and respectfully represents as follows: 1. The Plaintiff is, DANIEL M. LOUDERMILK, an adult individual, sui juris, who currently resides at 4 Country Side Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant is ANTONIA E. LOUDERMILK, an adult individual, sui juris, who currently resides at 4 Country Side Drive, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were allegedly married on June 12, 1999; however, their marriage is void. 5. Defendant/Respondent was married to a third party, Jesus Guerrero, on January 13, 1986, not the Plaintiff/Petitioner (attached Exhibit "A" Marriage Certificate) at the time she and Daniel M. Loudermilk were allegedly married, specifically, June 12, 1999. DANIEL M. LOUDERMILK, ) IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNA. VS. ) CASE NO.: 55?5- C.IIfJ / 7?Cr?'1, ANTONIA E. LOUDERMILK, Defendant ) CIVIL LAW - ANNULMENT C7 C7 INNOW FOR ANNULMENT =' AND NOW, this day of September 2008, comes the Plaintiff/Petitionei"c: DANIEL M. LOUDERMILK, by and through his Attorneys, the Law Offices of 4A1 MMIAL& ' ?-- =Je BA TURIN, and files this Petition for Annulment and respectfully represents as follows The Plaintiff is, DANIEL M. LOUDERMILK, an adult individual, sui juris, who currently resides at 4 Country Side Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant is ANTONIA E. LOUDERMILK, an adult individual, sui juris, who currently resides at 4 Country Side Drive, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were allegedly married on June 12, 1999; however, their marriage is void. 5. Defendant/Respondent was married to a third party, Jesus Guerrero, on January 13, 1986, not the Plaintiff/Petitioner (attached Exhibit "A" Marriage Certificate) at the time she and Daniel M. Loudermilk were allegedly married, specifically, June 12, 1999. 6. Defendant/Respondent was not divorced from Jesus Guerrero, the third party hereinafter mentioned, at the time that the parties were allegedly married, specifically, June 12, 1999. 7. Defendant/Respondent did not disclose to Plaintiff that Defendant/Respondent was married to a third party, Jesus Guerrero, not the Plaintiff/Petitioner (attached Exhibit "A" Marriage Certificate) at the time that the parties were allegedly married, specifically, June 12, 1999. Defendant/Respondent did not disclose to Plaintiff that Defendant was not divorced from this third party, Jesus Guerrero, at the time that the parties were allegedly married, specifically, June 12, 1999. 9. Plaintiff/Petitioner seeks a legal annulment in that the Defendant/Respondent was not legally divorced to said third party at the time that the parties were allegedly married, specifically, June 12, 1999. 10. The Plaintiff/Petitioner has not participated as a party or witness, or in any other capacity, in other litigation concerning this matter. 11. There has been no prior action for divorce or annulment of the marriage between the parties hereto in this or any other jurisdiction. 12. The parties have two (2) children born to the parties under the age of eighteen (18) years of age. 13. The Plaintiff and Defendant are both citizens of the United States of America. 14. The Defendant is not a member on active duty of the Armed Forces of the United States of America nor any of its allies. 15. Plaintiff requests the Court to enter a Decree of Annulment of this marriage. WHEREFORE, Plaintiff, DANIEL M. LOUDERMILK, requests this Honorable Court to declare this marriage void, the relief requested, and any other relief deemed appropriate, and enter a Final Order granting an Annulment. Respectfully submitted, BATURIN & BATURIN By; M. Harry M. Baturin Attorney ID #83006 2604 North Second Street Harrisburg, PA 17110 (717) 234-2427 Attorney for Plaintiff Dated: jd°t VERIFICATION I VERIFY THAT THE STATEMENTS MADE IN THIS COMPLAINT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, BELIEF, AND INFORMATION. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Dated: B 1/04 114. •?'? (SEAL) DANIEL M. LOUDERMILK RACA ** OAKLAND - CIVIL CASE, ACTIONS ** FUNCTION--> DATE/TIf,E: DE ;/29/02 14:C9 ANTON-10 GUERRERO CASE NUMBER: VS FILE DATE: JESUS GUERRERO CASE TYPE: DISSO. OF MARRIAGE STATUS: N 09/30/99 0001 SUBSTITUTION OF ATTORNEYS OF RESP- FILED 10/12/99 0001 ASSIGNED FCS COUNSELOR: BARBARA CUSHING 10/12/99 0002 ORDER RE ASSIGNMENT OF WAGES RE: CS FILED * 10/12/99 0003 JUDGMENT OF DISSOLUTION, SEPARATION OR, NULLITY - GTD-, PARTIES RESTORED TO UNMARRIED PERSONS ON 10/12/99 (SEE M/O FOR DETAILS) 10/27/99 0001 ORDER & FINDINGS AFTER HEARING OF 10/12/99 FILED (FILMED 11/ 1/99) 01122101 0001 SUMMONS FILED, DATE OF SERVICE: 10/02/98 ON JESUS GUERRERO 09/10/01 0001 MOTION TO BE RELIEVED AS CSL BY CARLA PASSERO, ATTY FOR RESP IIFILED OSCF DATE: 10/09/01 TIME: 09:00 DEPT: 014 10/09/01 0001 ORDER GRANTING ATTY'S MTN TO BE RELIEVED AS CSL FOR RESP FILED (fILMED 10/11/01) (CASE CONTINUED ON NEXT PAGE) ENTER KEY = NEXT PAGE PA1 = NEXT CASE F10 = HELP LIST CONTAINS ONLY PROBATE & FAMILY LAW AFTER JUL 15,2001 DOMAIN CONVERSION d EXHIBIT "A• DANIEL M. LOUDERMILK, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 08 - 5505 CIVIL ANTONIA E. LOUDERMILK, : CIVIL ACTION - LAW Defendant : CUSTOM -a i V' .C, 4", L C-- NOTICE TO PLEAD: To: Daniel M. Loudermilk, Plaintiff c/o Harry Baturin, Esquire YOU ARE HEREBY DIRECTED TO PLEAD TO THE NEW MATTER COUNTERCLAIMS WITHIN TWENTY (20) DAYS OF SERVICE OR A JUDGMENT MAY BE ENTERED AGAINST YOU. LAW FIRM OF LINDA A. CLOTFELTER Dated: Lidd A. Clotfelter, Esquire Atto ey ID No. 72963 50 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile PETITIONERS EXHIBIT S-7-o9 YL DANIEL M. LOUDERMILK, : IN THE COURT OF COMMON PQASAF Plaintiff, : CUMBERLAND COUNTY, PENWYLV&IAV1,--- Cn VS. : NO. 08 - 5505 CIVIL A ANTONIA E. LOUDERNIILK, : CIVIL ACTION - LAW Y Defendant :_-C-USTC 1TY a i v L ?l-t L ANSWER NEW MATTER AND COUNTERCLAIMS AND NOW, comes Defendant, Antonia E. Loudermilk, (hereinafter referred to as "Wife"), by and through her counsel, Linda A. Clotfelter, Esquire, who files this Answer with New Matter and Counterclaims respectfully stating as follows: 1. Admitted in part and denied in part. The identity of Plaintiff is admitted but it is denied that he resides at the address as listed. 2. Admitted. 3. Admitted. 4. Admitted in part and denied in part. It is admitted that the parties were married June 12, 1999, but it is specifically denied that their marriage is void. It is well established in Pennsylvania by 23 Pa.C.S. § 3304 (a) and §1702 that where, as here, a good faith ceremonial marriage is established and there is continued cohabitation in good faith after the removal of the impediment (in this case the prior marriage), the parties were legally married as of the date of the removal of the impediment. Thus, the parties are and have been effectively married since the date of the entry of the divorce decree in terminating Wife's prior marriage on October 12, 1999. It is specifically denied that the parties' marriage is void. 1 5. Admitted in part and denied in part. It is admitted that Wife was previously married and remaining allegations of this paragraph are denied. The allegation referring to a marriage certificate attached as Exhibit "A" is also denied as the attachment is clearly not a marriage certificate. 6. Admitted in part and denied in part. It is admitted that Wife's prior divorce was not finalized until after the ceremony between the parties to this action, however, under Pennsylvania Law as stated in paragraph 4, above, the parties are legally married due to their continued cohabitation after the removal of the impediment. See Covina ton v. Covington, 421 PA. Super. 328, 617 A2d 1383 (1992 Pa. Super). 7. Denied. At no time did Wife withhold any information from Husband regarding her prior marriage. Furthermore, it was husband who assisted Wife with her divorce from her prior husband and he facilitated her meetings with her attorney on that issue. The reference to "allegedly married" is also denied. The parties were effectively married the day that the impediment was removed as stated above. 8. Denied. See response to paragraph 7, above. 9. Denied. States a conclusion of law to which no responsive pleading is required. 1 o. Admitted. 11. Admitted. 12. Admitted. 13. Admitted. 14. Admitted. 15. Denied. States a conclusion of law to which no responsive pleading is required. 2 WHEREFORE, Defendant, Antonia E. Loudermilk, respectfully requests that this Honorable Court deny Plaintiffs request for an Annulment; enter an Order for divorce including orders for equitable distribution, alimony pendente lite, counsels fees costs and expenses, and alimony, and granting such other relief as this court deems just and proper. NEW MATTER COUNTERCLAIMS COUNTERCLAIM I - DIVORCE 16. Defendant's responses to paragraphs 1 through 15 above are incorporated herein by reference. 17. The parties obtained a marriage license on May 20, 1999 in the County of Alemeda, Oakland, California. 18. The parties were married by a Roman Catholic Priest on June 12, 1999. 19. Both parties had specific knowledge of the marital status of each at the time of their marriage ceremony. 20. Plaintiff insisted that the marriage ceremony take place when it did and Defendant complied with his request on that issue. 21. Defendant's prior marriage was legally dissolved October 12, 1999. 22. At all times relevant hereto and until 2008, the parties cohabitated. 23. The parties have held themselves out as husband and wife since 1999. 24. The parties have filed income tax returns as husband and wife. 25. The parties own their real estate as tenants by the entireties. 3 26. Pennsylvania Law clearly states that once a good faith ceremonial marriage is establish and the parties continued cohabitation in good faith and after the removal of the impediment of the prior marriage, the requirements of 23 Pa.C.S. § 1702 (a) and 3304 are met and the parties' marriage is valid under Pennsylvania Law. 27. Defendant avers that the marriage is irretrievably broken. 28. Plaintiff has offered such indignities to Defendant, the innocent and injured spouse, serves to render Defendant's condition intolerable and life burdensome. 29. Plaintiff has committed adultery such that Defendant, the innocent and injured spouse is entitled to an entry of a divorce decree. 30. Defendant has been advised of the availability of counseling and that Defendant has a right to request that the court requires the parties to participate in counseling. Defendant does not desire counseling. WHEREFORE, Defendant respectfully requests that this Court enter a Decree of Divorce; and an order granting such other relief as this Court deems just and proper. COUNTERCLAIM H - EQUITABLE DISTRIBUTION 31. Paragraphs 1 through 30 above are incorporated herein by reference. 32. During the course of the marriage, the parties have acquired both real and personal property and they have incurred various debts. 33. The parties have been unable to agree as to the equitable distribution of their marital assets and debt. 4 34. Defendant asks that this court equitably distribute the parties' marital property as well as their marital debt. WHEREFORE, Defendant respectfully requests that this Court enter a Decree of Divorce; an Order of Court equitably distributing the parties' marital property and debt; and an Order of Court granting such other relief as this Court deems just and proper. COUNTERCLAIM III - ALIMONY 35. Paragraphs 1 through 34, above, are incorporated herein by reference. 36. Defendant lacks sufficient property to provide for his reasonable needs. 37. Defendant is unable to sufficiently support himself through appropriate employment. 38. Plaintiff has sufficient income and assets to provide continuing and indefinite support for the Defendant. WHEREFORE, Defendant requests this Honorable Court enter a Decree of Divorce; an Order of Court compelling the Plaintiff to pay alimony to the Defendant; and an Order of Court granting such other relief as this Court deems just and proper. COUNTERCLAIM IV - ALIMONY PENDENTE LITE, COUNSEL FEES, COSTS AND EXPENSES 5 39. Paragraphs 1 through 38, above, are incorporated herein by reference. 40. By reason of the institution of the action to the above term and number, Defendant will be and has been put to considerable expense in the preparation of her case, in the employment of counsel, and the payment of costs. 41. Defendant 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 pendency of this action. 42. Defendant's income is not sufficient to provide her reasonable needs to pay her attorney's fees and the costs of this litigation. 43. Plaintiff has adequate earnings to provide support for the Defendant and to pay her counsel fees, costs and expenses. WHEREFORE, Defendant respectfully requests this Honorable Court enter a Decree of Divorce; an Order of Court equitably distributing the parties' marital property and debt; an Order of Court compelling the Plaintiff to pay alimony, alimony pendente lite, counsel fees, costs and expenses; and granting such other relief as this Court deems just and proper. COUNTERCLAIM V - ESTOPPEL 44. Paragraphs 1 through 43, above, are incorporated herein by reference. 45. The parties have lived together as husband and wife for a period and excess of nine years. 46. Defendant has relied upon the parties' marriage and the benefits it confers. 6 47. Despite Plaintiff's personal knowledge of the facts, Plaintiff did not raise the issue of the potential invalidity of the parties' marriage for approximately nine (9) years. 48. Plaintiff is estopped from denying the validity of the marriage after participating in the ceremony but to continuing to retain the benefits that the status of marriage confers until it no longer suits his convenience. 49. Plaintiff is estopped from raising the invalidity of the parties' marriage. WHEREFORE, Defendant respectfully requests that this Court enter a Decree in Divorce; an Order of Court equitably distributing the parties marital property and debt; an Order of Court compelling the Plaintiff to pay alimony, alimony pendente lite, counsel fees, costs and expenses; an Order determining that Plaintiff is estopped from contesting the validity of the parties' marriage due to the equitable doctrine of Estoppel; and an Order granting such other relief as this Court deems just and proper. Date: ! 5 LAW FIRM OF LINDA A. CLOTFELTER -- v"r-' v -.701 "1 , v - ., By: ?Jtey A. Clotfelter, Esquire I.D. No. 72963 5021 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 Attorney for Plaintiff (717) 796-1930 Telephone (717) 796-1933 Facsimile 7 DANIEL M. LOUDERMILK, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 03-%Cii CIVIL ANTONIA E. LOUDERMILK, : CIVIL ACTION - LAW Defendant :CUSTODY VERIFICATION I, ANTONIA E. LOUDERMILK, verify that the statements in the foregoing ANSWER WITH NEW MATTER AND COUNTERCLAIMS are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904, relating to unsworn falsification to authorities. Date: 7 ANTONIA E. LOUDERMILK, Defendant 8 s j I B073017 ANTONIA E LOUDERMILK REGULAR EARNING 107500 5143 HOLIDAY PAY WRKDHRS 5143 VAC HRS AVAIL 2593 O1WS SOCIAL SECURITY XXXXXX2615-SUI TAX PENNSYLVANIA 55287 187352CRLSLE ASDPA 00 1087SPERS HRS AVAIL PA LST 4229 15164 33 118 1697 6084 885 3172 1415 00 200 800 EARNED INCOME TAX CREDIT AVAILABLE FROM IRS (8001 8.29 -1040 55287 6844 200 48243 01-31-2009 198230 24538 800 172892 02-13-2009 6MI" T000807 ANTONIA E LOUDERMILK O1WS SOCIAL SECURITY 4837 20001 XXXXXX2615 SUI TAX . 38 156 _ PENNSYLVANIA 1940 8024 REGULAR EARNING 107500 5881 63221 250573CRLSLE ASDPA 1012 4184 HOLIDAY PAY 00 108780ERS HRS AVAIL 1415 00 WRKDHRS 5881 PA LST 200 10040 VAC HRS AVAIL 2593 EARNED INCOME TAX CREDIT AVAILABLE FROM IRS (800) 8g9-1040 63221 7827 200 55194 02-14-200 261451 32365 10.00 228086 62-27-2809 PETITIONER'S EXHIBIT .r-7-a9 ?E 2 • 0, TE 0057789 ANTONIA E LOUDERMILK REGULAR EARNING 107500 MY*HARE INCT HOLIDAY PAY WRKDHRS VAC HRS AVAIL O1WS SOCIAL SECURITY XXXXXX2615 SUI TAX _- --PENNSYLVANIA 5831 62683 313256CRLSLE ASDPA 18833 18853PERS HRS AVAIL 00 1087SPA LST 5831 2593 6236 26237 49 205 2502 10526 1304 5488 1415 00 200 1200 815-13 18891 20V - 71-22§ 02 28-2089 -342967 '2456 1208 29g311 $3-13_-9= S114335 ANTONIA E LOUDERMILK olwS SOCIAL SECURITY 4051 37971 -XX-)(XX-9 -15-SUI TAX 32 297 -- -; PENNSYLVANIA 1625 15234 REGULAR EARNING 107500 4888 52546 466240PRLSLE ASDPA 847 7942 MY*HARE INCT 00' 18833 ERS HRS AVAIL 1415 00 HOLIDAY PAY 00 10878PA LST 200 1800 SUNDAY PREMIUM 10000 397 397 397 WRKDHRS 4888 VAC HRS AVAIL 2593 52943 6555 _ 200 46188 04-11-2409 496348 61444 1800 43-*, 44- 04-24-2809 I b Employer identification number (EIN) 71-0794409 ' 12a See instructions for box 12 1 Wages, tips, other compensation 2 Federal income tax withheld c Employer s name. address. and ZIP code WAL-MART ASSOCIATES INC _ $ 14327.28 40.76 , . 12b 3 Social security wages 4 Social security tax withheld 5 14327.28 888.29 12. 5 Medicare wages and lips 6 Medicare tax withheld 702 SW 8TH STREET $ 14327 28 75 207 BENTONVILLE, AR 72716-0135 12d $ . 7 Social security tips . 8 Allocated tips e Employee's first name and initial Last name Suff. t2e 1 of 1 0:10108000000000000091954431 9 Advance EIC payment 10 Dependent care benefits i $ ANTONIA E LOUDERMILK ay: mfomuu°n is b..q rm,a Wiu the I— R- N S i i - -°n- ° . - b A4aW ,,,ekor i., ?ww.e rw, w u.?e a,W you 11 Nonqualified plans 73 °?^M' ere?r?em -.o-w°r i°°Y°° nuo ? wi 4 COUNTRY SIDE DR. ? CARLISLE, PA 17013 Copy C For EMPLOYEE'S to Omer RECORDS. (See Notice to PA SUI 8.60 Em to ee on back. a Employee's social security number t Em ee's address and ZIP code 571-11-2615 15 State Employer's state ID number 16 Stale wages, tips. etc. 17 State income tax 18 Local wages, bps, etc. 19 Local income tax 20 Locality name PA_ 710794409- 14327.28 439.73 14327.28 229.22 CRLSLE ASDPA I L Form W-2 Wage and Tax Statement 2008 Department of the Treasury-Internal Revenue Service OMB a 1545-0008 Cooy C for Employee's Records J I r- -I PETITIONER'S EXHIBIT F, KC mm 10 Label (See instructions.) Use the IRS label. Otherwise, please print or type. Presidential RE a EhQGP1nkrnaTRatk5erii0EO ¦ F'L L A B E L H E R E Filing Status Check only one box. F r the Year ,an, , - uec. a? ?? •????• ••°° Your first name and initial Last name Your social security number ANTONIA E LOUDERMILK 571-11-2615 Spouse's social security number If a joint return, spouse's first name and initial Last name Home address (number and street). If you have a P.O. box, see instructions. Apt. no. ' A You must enter A 4 COUNTRY SIDE DR City, town or post office, state, and ZIP code. If you have a foreign address, see instructions. Checking a box below will CARLISLE PA 17013 a x u Check here if you, or ourspouse if filin intl t in S 1 ? Single 4 ® Head of household (with qualifying person). (See instr.) 2 ? Married filing jointly (even if only one had income) If the qualifying person is a child but not your dependent, 3 ? Married filing separately. Enter spouse's SSN above and enter this child's name here. t Exemptions 6a ® Yourself, If someone can claim you as a dependent, do not check box 6a ........... . b o c Dependents: (2) Dependent's social (3) Dependent's (4) if qualifying security number relationship to child for child tax if more than four depR+ f E see instructions. on 6a and 6b No. of children on 6c who: 9 lived with you 3 • did not live with you due to divorce or separation (see instructions) Dependents on Sc not entered above Add numbers Income 7 Wages, salaries, tips, etc. Attach Form(s) W-2 ... .. ... .. ... . . . . . . ... ... . 8 a Taxable interest. Attach Schedule B if required . . . . . . . .. . . . . . . . . . . . I 8b I lin 8 Attach Form(s) W-2 b a . . . . .. . . . . e Tax-exempt interest. Do not include on ht;re. Also attach 9a Ordinary dividends. Attach Schedule B if required . .. ... .. . . .. . . . . . . 19b I Forms W-2113 and b Qualified dividends (see instructions) .. ..... ......... 1099-R if tax 10 Taxable refunds, credits, or offsets of state and local income taxes (see instructions) . . . . . . was withheld. 11 Alimony received . . .. . . . .. .. . . .. . .. . .. . . . . . . . . . . . .. . . . . .. . . 12 Business income or (loss). Attach Schedule C or C-EZ ...... ... . ....... . ... . 13 Capital gain or (loss). Attach Schedule D if req.d-JLnr%LrPc"ca(,.rbPck to 0FJy1 If you did not 14 V Other gains or (losses). Attach Form 4797. . get a W-2, see 15a IRA distributions. . . . . . . . . . 15a b Taxable amount (see instr). instructions. 16a Pensions and annuities . . . . .. 16a b Taxable amount (see insv). 17 Rental real estate, royalties, partnerships, S corporations, trusts, etc. Attach Schedule E . . . . Enclose, but do 18 Farm income or (loss). Attach Schedule F . . . .. . . . . . . .. . . . . . . . . . . . . . . . . not attach, any 19 Unemployment compensation . . . .. . . . . . . .. . . • . . . . . . - . . . payment. Also, 20 a Social security benefits ...... 120a I ) b Taxable amount (see instr). please use 21 Other income. List type and amount (see instructions) 23 . ... .. . . . . . enses (see instructions) ator ex Ed 23 1 . . .. p uc Adjusted 24 Certain business expenses of reservists, performing artists, and ffci a .?30 X10 Z a Gr 2 pFERAN Inc ?? ?,,, Ws nt .. 26 Moving expenses. Attach Form 3903 . . . . . .. . .. . . . . . 26 27 One-half of self-employment tax. Attach Schedule SE . . . . 7 28 Self-employed SEP, SIMPLE, and qualified plans ... . .... 2 29 Self-employed health insurance deduction (see instructions) .. 29 30 . . . . . . . . . . . . withdrawal of savings on earl P lt 3 31 . . y ena y aid b Recipient's SSN 0, Alimon 1 a y p 32 . . . . .. . . . . . IRA deduction (see instructions) 32 .. .. . . . 33 Student loan interest deduction (see instructions) ... . . . . . 33 34 Tuition and fees deduction. Attach Form 8917 . . . . . . . . . . 35 roduction activities deduction. Attach Form 8903 . . . Domestic 35 p 36 Add lines 23 through 31a and 32 through 35 ...... .. ... . .. .. ... . ... . . For Disclosure, Privacy Act, and Paperwork Reduction Act Notice, see instructions. .5-7-01 if qs? MXA F 11110108 Form 1040 (2008) taro/Time Drinfcrl' ni/1nonna in-m-nf; AM FRT PY - DO NOT Date I Check if ' Preparers SSN or PTIN rorm¦ o Tax and -- - 38 -- Amount from line 37 (adjusted gross income) .. . . . . . . . . . . . . . . . . . . . . Credl s 39 a Check ? You were born before January 2, 1944, ? Blind.l Total boxes 1 checked ?39a if: {? Spouse was born before January 2, 1944. ? Blind. Standard see instr and check here ?39b were a dual-status alien Deduction b , if your spouse itemizes on a separate return or you ?39 ? for - c c check if standard deduction includes real estates taxes or disaster loss (see instr) . 40 Itemized deductions (from Schedule A) or your standard deduction (see left margin) . . . . . e People who checked any 41 Subtract line 40 from line 38 ........ ...... .... . . .......... ... .. . . box on line 42 If line 38 is $119,975 or less, or your provided housing to a Midwestern displaced individual, see 39a, 39b 39c instructions. Otherwise, multiply $3,500 by the total number of exemptions claimed on line 6d . . o Or who can be 43 Taxable income. Subtract line 42 from line 41. If line 42 is more than line 41, enter -0- . ... . claimed as a dependent, 44 F //?? //''?? Tax (see instr). Check if any tax is from: a ? p? ff. PY - 2 ? see instructions. 45 V V . 4, 1 Alternative minimum tax (see instructions). Atta e All others: 46 ? Add lines 44 and 45 . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . Single or Married filing 47 Foreign tax credit. Attach Form 1116 if required. .... . , . .. . 47 separately, 48 Credit for child and dependent care expenses. Attach Form 2441 . 48 $5,450 49 Credit for the elderly or the disabled. Attach Schedule R . . . . . . 4 Married filing 50 Education credits. Attach Form 8863 .. ... .... . .. ... . 50 jointly or Qualifying 51 Retirement savings contributions credit. Attach Form 8880 ..... 51 widow(er), 52 Child tax credit (see instructions). Attach Form 8901 if required . . 52 $10,900 53 Credits from Form: a ? 8396 b El 8839 c ? 5695 .. . 53 Head of 54 Other credits from Form: a ? 3800 b El 8801 c household, 000 $8 55 Add lines 47 through 54. These are your total credits ........ ...... .. ... .. . . , REFF CkP N"e4 Ii MMe 46 Fn 5 Ta l? 4&nter -0- . .. . ... .. ? « .. Other 57 Self-employment tax. Attach Schedule SE ..... . .... . . .. .. , . . • • . • • • • . 58 orted social security and Medicare tax from Form: a ? 4137 b El 8919 ..... . . . Unre Taxes p 59 Additional tax on IRAs, other qualified retirement plans, etc. Attach-Form 5329 if required . . . . . 60 Additional taxes: a ? AEIC payments b ? Household employment taxes. Attach Schedule H 61 Add lines 56 through 60 This is your total tax ' W r I Ad Payments 62 Federal income tax withheld from Forms W-2 and 1099 . . . .. . 63 2008 estimated tax payments and amount applied from 2007 return If you have a 64 a Earned income credit (EIC) .. .. .. ...... .... . qualifying b Nontaxable combat pay election .. 164b child, attach 65 Excess social security and tier 1 RRTA tax withheld (see instructions) Schedule EIC. 66 Additional child tax credit. Attach Form 8812 . . .. ..... .. . 67 Amount paid with request for extension to file (sseQ.{(tcla 1d 68 Credits from Form: a ? 2439 b ? 4136 c 69 First-time homebuyer credit. Attach Form 5405 .. . . . . . . . . 70 Recovery rebate credit (see worksheet in the instructions) . . . . . Refund 72 If line 71 is more than line 61, subtract line 61 from line 71. This is the amount you overpaid . . . Direct deposit? 73 a Amount of line 72 you want refunded to you. If Form 8888 is attached, check here .. . ? ? See instructions ? b Routing number ?c Type: ? Checking ? Savings and fill in 73b, 11" d Account number 73c, and 73d. _ - - •- -.._ Anne ....H.. f-A 6- ? 7a -1 m Amount 75 Amount you owe. Subtract line 71 from line 61. For details on how ?o pay,l see instructions kIn? .04 571-11 h 5k? a( ers c fullih t IRS (see instructions)? IN Yes. Complete the following. lJ No E V V - L.M. Personal identification name ?Linda L Bear no ?(717) 554.117 number (PIN ?06000 Under penalties of perjury, I declare that I have examined this return and accompanying schedules and statements, and to the best of my knowledge and Sign belief, they are true, correct, and complete. Declaration of preparer (other than taxpayer) Is based on all information of which preparer has any knowledge. Here Your signature Date Your occupation Daytime phone number Joint return? , CAKE DECORATOR See instructions. Spouse's signature. if a joint return, both must sign. Date Spouse's occupation Keep a copy Paid Preparer's Use Only F 11110/08 Preparer's Firm's name (or yours Jackson Hewitt Tax Service if self-employed), ' 60 NOBLE BLVD AAA-- ,mV 710 -in Carlisle PA Phone no. 4 NOT FILE 243- Form 1040 (2008) nnfolTimA Printori- 0111019n0Q 10'51'66 AM EST Jax Year: 2008 Pennsylvania Return Recap Primary : 571-11-2615 ANTONIA E LOUDERMILK * Form PA-40, Pg 1 * Taxpayer SSN 571112615 TP last name LOUDERMILK TP first name ANTONIA TP MI E Address 4 COUNTRY SIDE DR City CARLISLE State PA Zip code 17013 PA day phone 717 713 0611 School code 21160 Gross comp Emp bus expense Net comp Interest income Dividends inc Net inc or loss Net gain-loss Net income/loss Estate income Gambling Tot PA txbl inc Other deduction Adj PA txbl inc School district CUMBERLAND VALLEY * Form PA-40, Pg 2 * Tp SSN 571112615 PA tx liability Tot tx whld PY tx return cr Est install pay Extension pymt NR tx whld Tot est pymt-cr Filing status i Unmarried Eligibility inc Forgiveness cr Resident credit Tot Other Cr Tot pymt and cr Tax due Overpayment Refund Credit ?Conserv fund Military family Organ doner fnd JD Research 'Cancer donation Date Printed 14327 0 14327 0 0 0 0 0 0 14327 0 14327 * Schedule SP Tp name Tp SSN Sp name Sp SSN Filing status c No of dependent Net tx liabilty ,Tx forgive cr C Page: 1 0111012009 ANTONIA E LOUDERMILK 571-11-2615 DANIEL M LOUDERMILK 558-85-1491 Separated 3 * Schedule W-2S Tp and Sp name Tp SSN No of W-2 forms TIS EIN Federal wages Medicare Wages PA txbl comp PA tax withheld Tot state wages Tot state whld Tot PA Comp Tot state whld 440 440 0 0 0 0 0 14327 440 0 0 880 0 440 440 ANTONIA E LOUDERMILK 571-11-2615 1 T 71-0794409 0 0 0 0 0 440 440 14,327 14,327 14,327 440 14,327 440 14,327 440 Form PA-8879 I Pennsylvania a-file Signature Authorization I 2008 Declaration Control Number (DCN) 00-231272.15803-9 Taxpayer's Name Social Security Number ANTONIA E LOUDERMILK 571-11-2615 Spouse's Name Spouse's Social Security Number PART I Tax Return Information Tax Year Ending Dec 31 2008 (Whole dollars only) 1. Adjusted PA Taxable Income (Form PA-40, Line 11) ... . . . .. . . . . . . . . . . . . .. . . . . . . . . 1. 14,327 2. PA Tax Liability (Form PA-40, Line 12) . . . . .. . . . . ... . . . . . . . . . . . . . . . . . . . . . . . 2. 440 3. Total PA Tax Withheld (Form PA-40, Line 13) ... . .. ... ..... ... .. . . .. .. . .. .. . .. 3. 440 4. Refund (Form PA-40, Line 29) ........... ...... ..... . .. ...... .. ... ... .. 4. 440 5. Total Payment (Tax Due) (Form PA-40, Line 27) .. . .. ... ..... ..... . ... .. . .. . . . . . 5. PART 11 Declaration and Signature Authorization of Taxgayer tinder penalties of perjury, I declare I have examined a copy of my electronic individual income tax return and accompanying schedules and statements of my 2008 PA Tax Return (Form PA-40) and to the best of my knowledge and belief, it is true, correct, and complete. I further declare that the amounts in Part I above are the amounts shown on the copy of my electronic income tax return. If applicable, I authorize the PA Department of Revenue and its designated financial agents to initiate an electronic funds withdrawal (Direct Debit) entry to my designated account for Pennsylvania taxes owed. I also authorize my financial institution to debit the entry to my account and the financial institutions involved in the processing of my electronic payment of taxes to receive confidential information necessary to answer inquiries and resolve issues relatedo, my payment. I have selected a personal identification number as my signature for my electronic income tax return and, if applicable, my electronic funds withdrawal consent. Taxpayer's Personal Identification Number (PIN): (check one box only) ® I authorize Jackson Hewitt Tax Service to enter my PIN 58054 as my signature on my tax year 2008 electronically filed income tax return. ? 1 will enter my PIN as my signature on my tax year 2008 electronically filed income tax return. Your signature Date 0111012009 Spouse's PIN: (check one box only) ? 1 authorize as my signature on my tax year 2008 electronically filed income tax return. to enter my PIN ? 1 will enter my PIN as my signature on my tax year 2008 electronically filed income tax return. Spouse's signature Date Practitioner PIN Program Participants Only - Continue Below PART 111 Certification and Authentication ERO's EFIN/PIN. Enter your six-digit EFIN followed by your five-digit self-selected PIN 23127285568 As a participant in the Practitioner PIN Program, I certify the above numeric entry is my PIN, which is my signature on the tax year 2008 electronically filed income tax return for the taxpayer(s) indicated above. I confirm that I am participating in the Practitioner PIN Program in accordance with the requirements established for this program. ERO's signature Date 01/10/2009 ERO Must Retain This Form and the Supporting Documents for three years. DO NOT SUBMIT THIS FORM TO THE PENNSYLVANIA DEPARTMENT OF REVENUE JHTS F 11/25108 ANTONIA E LOUDERMILK XXX-XX-2815 C Gold Guarantee@ Certificate 00-231272-15803-9 You have been offered the opportunity to purchase a Gold Guarantee ® You have the choice of purchasing or declining to purchase the Gold Guarantee. Whether or not you purchase the Gold Guarantee, you will still receive the Jackson Hewitt Basic Guarantee with your paid tax preparation. See the Jackson Hewitt Commitment to Quality Brochure for Basic Guarantee terms and conditions. Coverage: If, due to an error in the preparation of your Covered Tax Return (as defined below), you: (1) receive a tax refund from a taxing authority smaller than the refund amount set forth on your tax return, and/or (2) are required by a taxing authority to pay a tax liability in excess of the amount set forth on your tax return, then Jackson Hewitt Inc. will reimburse you for the mlit amount of such refund shortfall and/or additional tax liability, as the case may be, up to a cumulative total of $5,000 (five thousand dollars) for all Covered Tax Returns. This Gold Guarantee shall be effective through, and shall automatically terminate on, the third anniversary of the date of the filing deadline for the Covered Tax Return, not including extensions. The Gold Guarantee shall become null and void if payment is not received within thirty days from the date on this Certificate. All Gold Guarantee claims shall be reduced to take into account the net effect of any refund you are owed and/or tax liability you owe on all of Covered Tax Returns. "Covered Tax Returns" means your Federal (excluding non-resident), state, and local tax returns for the tax year stated below that are prepared by a Jackson Hewitt Tax Service tax preparer and are dated the same date of this Certificate. Subject to the $5,000 (five thousand dollar) limit, Jackson Hewitt Inc. will "gross up" the Gold Guarantee reimbursement payment, based on its estimate of the income taxes that you would have owed on that amount had it been included in income in the tax year covered by the Gold Guarantee. All payments made hereunder will be made directly to the primary taxpayer on the Covered Tax Return. Reimbursement under this Gold Guarantee does not include penalties and interest. If you believe you have a claim for penalties and/or interest you should seek coverage under the Basic Guarantee. Claim Submission, Processing & Requirements: You must: (a) notify your local Jackson Hewitt Tax Service Office ("JH Office") in writing or in person within 30 days of the date set forth in the first letter you receive from any taxing authority concerning your Covered Tax Return (and promptly at any time you otherwise discover any error); (b) provide your local JH Office with copies of all documents related to the claim or otherwise requested (including any letters from a taxing authority and all documentation supporting your tax return); and (c) allow your local JH Office and Jackson Hewitt Inc, to investigate, question, or challenge the additional tax or refund shortfall, in any manner they deem appropriate, at their expense, and cooperate and assist them in these efforts (including signing appropriate authorizations). Please allow 20 business days for standard claims processing. You may contact the Gold Guarantee Department at 1-866-718-5389 with claim submission inquiries and/or to obtain the status of a claim. Please have all documents related to the claim when calling. It is your responsibility to pay any tax liability to the taxing authority and/or any other amounts to any third parties or your local JH office on a timely basis, regardless of the timing of the Gold Guarantee reimbursement payment. Payment of any amount under this Gold Guarantee will require you to include such payment as income on the tax return for the year in which such payment is made and a Form 1099 will be furnished to you to reflect this payment if the amount is $600 (six hundred dollars) or greater. If payment is made to you under the Gold Guarantee and you subsequently receive monies from a taxing authority for the same matter, you agree to promptly reimburse such payment to Jackson Hewitt Inc., 501 N. Cattlemen Road, Suite 300, Sarasota, FL 34232, Attn: Gold Guarantee Administrator. Exclusions: In addition to meeting the requirements above, coverage does not apply to the following situations ("Exclusions"): (i) you provided incorrect, incomplete or false information to your local JH Office or to Jackson Hewitt Inc.; (ii) your tax refund was reduced or not received as a result of a tax lien, judgment, support order, unpaid student or government related loans, back taxes, or any other collection activity; (iii) you are unable to substantiate a deduction, credit, or other position taken on the Covered Tax Return (whether it be a failure to produce sufficient documentation or otherwise); (iv) you failed to timely file the tax return or pay the taxes shown as owing on such return; and/or (v) fraud. Coverage shall be determined in the sole judgment of Jackson Hewitt Inc. Employees, agents or owners of a JH Office or any person related to such a person by blood, adoption or marriage are not eligible for Gold Guarantee coverage. Gold Guarantee is not available in Hawaii, Tennessee and Wisconsin. For your information, the same Exclusions apply to the Basic Guarantee. Hugh Gallagher 0111012009 52574 AD0158O3 2008 Tax Preparer's Name Date Office Number Receipt Number Tax Year ? I/we agree to purchase the Gold Guarantee for $36.00 and agree to the terms and conditions of this Gold Guarantee Certificate. Primary Taxpayer's Signature Date ® Gold Guarantee has been explained and Itwe decline to purchase. X Primary Taxpayer's Signature Spouse's Signature X Date Spouse's Signature Date Date Tax Preparer's Signature Date Date /Time Printed: 01 / 10 / 2009 10:51:06 AM EST F 9119108 Return Verification ANTONIA E LOUDERMILK Primary Taxpayer's Name Spouse's Name )=-XX-2615 A0015803 Primary Taxpayer's SSN Receipt Number Spouse's SSN 2008 Tax Year M By signing below, you acknowledge and agree that you have provided complete, accurate and true information to be included in your tax returns, along with the required supporting documentation, including the information listed below. You declare that all of the following statements are true: • All income you received for this tax year has been reported in this tax return. • You have paid all expenses reported as deductions in this tax return. • Any mileage reported in this tax return was for business purposes excluding commuting. • You have adequate records in your possession to substantiate all claimed deductions and credits. Records include but are not limited to receipts, cancelled checks, diary entries, automobile logs and child care receipts. • All qualifying children listed for the Earned Income Tax Credit In this return are legally related to you or are legally placed foster children and lived in your home for more than one half of the tax year. • The relationship of any dependent listed in your tax return is the true relationship of the dependent to you. • You have paid any federal and state estimated tax or extension payments listed on your tax return. Number of Form W-2(s) submitted: 1 Number of Form 4852(s) submitted: 0 Number of Form 1099-R(s) submitted: v Number of Form 1099MISC(s) submitted: 0 Social Security benefits received (Y/N)? Unemployment benefits received (YIN)? Filing status on return: Number of exemptions: Schedule A, Itemized Deductions Estimated federal tax payment(s) made Estimated state tax payment(s) made N N HEAD OF HOUSEHOLD 4 0 0 0 I hereby declare that I have examined this return and accompanying schedules and statements, and to the best of my knowledge and belief, they are true, correct, and complete. I have examined the underlying documents and information and to the best of my knowledge all information and tax positions on this return are true and accurate. X Primary Taxpayer's Signature Date X Spouse's Signature Hugh Gallagher Tax Preparers Name POM948 Preparer's SSN/PTIN Date 52574 Office Number Under penalties of pe jury, 1 declare that i have examined this return and accompanying schedules and statements, and to the best of my knowledge and belief, they are true, correct, and complete. Based on the information supplied by the taxpayer to the best of my knowledge all information and tax positions on this return are true and accurate. Tax Preparer's Signature Date F 12131108 Date/Time Printed: 01110/2009 10:51:06 AM EST t In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION 13 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA. 17013 Phone: (717) 240-6225 MARCH 24, 2009 Fax: (717) 240-6248 ANTONIA E. LOUDERMILK ) Docket Number 08-5505 CIVIL Plaintiff ) vs. ) PACSES Case Number 870110754 DANIEL M. LOUDERMILK ) Defendant ) Other State ID Number Income Statement THIS FORM MUST BE FILLED OUT AND YOU MUST PROVIDE DOCUMENTS TO SUPPORT ALL AMOUNTS PROVIDED IN THIS INCOME STATEMENT (If you are self-employed or if you are salaried by a business of which you are owner in whole or in part, you must also fill out the Supplemental Income Statement which appears below.) STATEMENT F (Name) Please note: All correspondence must include the PACSES Case Number. (PACSES Number) I verify that the statements made in this Income Statement are true and correct. I understand that false statements o herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unworn falsificati to authorities. Date: z./ , Plaintiff or Defendant INCOME Employer: Address: Type of Work: Payroll Number: Pay Period (weekly, biweekly, etc): Gross Pay per Pay Period $ Itemized Payroll Deductions: Federal Withholding $ FICA Local Wage Tax State Income Tax Mandatory Retirement Union Dues Health Insurance Other (specify) Net Pay per Pay Period: ,x Type M EXHIBIT $ 5-? Oy VC 6 Form IN-008 Rev. 3 Worker ID 21302 Income Statement (Continued) Other Income: PACSES Case Number 870110754 Week Month Year (Fill in Appropriate Column) Interest $ $ $ Dividends f J Pension Distributions Annuity Social Security Rents Royalties Unemployment Comp. Workers Comp. Employer Fringe Benefits Other TOTAL INCOME PROPERTY OWNED Checking accounts Savings accounts Credit Union Stocks/bonds Real Estate Other INSURANCE Hospital Blue Cross Other Medical Blue Shield Other Health/Accident Disability Income Dental Other r Description Value Total $ Company Policy No. Ownership* H W J Coverage* H W C *H=Husband; W=Wife; J=Joint; C=Child Page 2 of 3 Form IN-008 Rev. 3 Service Type M Worker ID 21302 Income Statement (Continued) PACSES Case Number 870110754 SUPPLEMENTAL INCOME STATEMENT (You only need to complete the below portion if you are self-employed or if you are salaried by a business of which you are owner in whole or in part) (a) This form is to be filled out by a person (check one): ? (1) who operates a business or practic a rofession, or ? (2) who is a member of a partnerhip r oint venture, or ? (3) who is a shareholder in and ' sari a closed corporation or similar entity. (b) Attach to this statement a copy o , fo o i g documents relating to the partnership, joint venture, business, profession, corporatio ' r si 1 tity: (1) the most recent Federal co a m, and (2) the most recent Profit and Loss tatement. (c) Name of business: Address and telephone number: (d) Nature of business (check one) ? (1) partnership ? (2) joint venture ? (3) profession ? (4) closed corporation ? (5) other (e) Name of accountant, controller or other person in charge of financial records: (f) Annual income from business: (1) How often is income received? (2) Gross income per pay period: (3) Net income per pay period: (4) Specific deductions, if any: _ Page 3 of 3 Form IN-008 Rev. 3 Service Type M Worker ID 21302 •r In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION 13 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA. 17013 Phone: (717) 240-6225 MARCH 24, 2009 Fax: (717) 240-6248 ANTONIA E. LOUDERMILK ) Docket Number 08-5505 CIVIL Plaintiff ) vs. ) PACSES Case Number 870110754 DANIEL M. LOUDERMILK ) Defendant ) Other State ID Number Please note: All correspondence must include the PACSES Case Number. Guidelines Expense Statement (Name) EXPENSE STATEMENT OF (Pacses Number) I verify that the statements made in this Expense Statement are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unworn falsification to authorities. Date: le2?Z A,0",/"?,, /4a2&t/Z (??2 ?11 Plaintiff or Defendant Instructions: Guidelines Expense Statement - This form should only be completed when: 1) You are requesting an adjustment to the amount of support pursuant to Rule 1910.16-5 because of unusual needs and unusual fixed obligation, other support obligations, medical expenses not covered by insurance, or any other relevant factors, or 2) You are requesting that the other party share in the following expenses pursuant to Rule 1910.16-6: child care expenses, health insurance premiums, unreimbursed medical expenses, private school tuition, summer camp, or other needs, or mortgage payment. You must vrovide documents to support all amounts provided in this Expense Statement Weekly Monthly Yearly ( Fill in Appropriate Column) Mortgage (including real estate taxes and homeowner's insurance) or Rent $ $ $ Health Insurance Premiums Unreimbursed Medical Expenses: Doctor Dentist Orthodontist Hospital Medicine Special Needs (glasses, braces, orthopedic devices, therapy) Service Type M Form IN-008 Rev. 3 Worker ID 21302 Guidelines Expense Statement (Continued) PACSES Case Number 870110754 Weekly Monthly Yearly Child Care Private School Parochial school Loans/Debts Support of Other Dependents: Other child support Alimony payments Other: (Specify) Total $ $ $ y??; ?p.oo 6) e.?? moo 7>?i?.Sh?= av0-?? 8) G/e?? = Boa ,?a 9)5il?= ?a5 oa C-V%??ir5 00 d)?ia?/.S,op??s= goo-r>a i7him/ ' /5D,0 Page 2ofz 1B)A1??se,slwmpw? Ek - = iq) X'O() ale -7-6-P -ha / 00 Form IN-008 Rev. 3 Worker ID 21302 4 60-v Ww*oxwh PETITIONER'S EXHIBIT s-7-ov W7 2009 MA Y 13 i'' , DANIEL M. LOUDERMILK, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION ANTONIA E. LOUDERMILK, PACSES NO. 870110754 Defendant/Petitioner DOCKET NO. 08-5505 CIVIL ANTONIA E. LOUDERMILK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION DANIEL M. LOUDERMILK, PACSES NO. 496110578 Defendant DOCKET NO.2 SUPPORT 2009 INTERIM ORDER OF COURT AND NOW, this 12th day of May, 2009, upon consideration of the Support Master's Report and Recommendation, a copy of which is attached hereto as Exhibit "A", it is ordered and decreed as follows: A. The Husband shall pay to the Pennsylvania State Collection and Disbursement Unit as alimony pendente lite the sum of $910.00 per month. B. The Husband shall pay to the Pennsylvania State Collection and Disbursement Unit the additional sum of $50.00 per month on arrearages. C. The Wife's claim for spousal support is dismissed. D. The effective date of this order is February 25, 2009. IMPORTANT LEGAL NOTICE PARTIES MUST WITHIN SEVEN DAYS INFORM THE DOMESTIC RELATIONS SECTION AND THE OTHER PARTIES, IN WRITING, OF ANY MATERIAL CHANGE IN CIRCUMSTANCES RELEVANT TO THE LEVEL OF SUPPORT OR THE ADMINISTRATION OF THE SUPPORT ORDER, INCLUDING, BUT NOT LIMITED TO, LOSS OR CHANGE OF INCOME OR EMPLOYMENT AND CHANGE OF PERSONAL ADDRESS OR CHANGE OF ADDRESS OF ANY CHILD RECEIVING SUPPORT. A PARTY WHO WILLFULLY FAILS TO REPORT A MATERIAL CHANGE IN CIRCUMSTANCES MAY BE ADJUDGED IN CONTEMPT OF COURT, AND MAY BE FINED OR IMPRISONED. PENNSYLVANIA LAW PROVIDES THAT ALL SUPPORT ORDERS SHALL BE REVIEWED AT LEAST ONCE EVERY THREE (3) YEARS IF SUCH REVIEW IS REQUESTED BY ONE OF THE PARTIES. IF YOU WISH TO REQUEST A REVIEW AND ADJUSTMENT OF YOUR ORDER, YOU MUST DO THE FOLLOWING: CALL YOUR ATTORNEY. AN UNREPRESENTED PERSON WHO WANTS TO MODIFY (ADJUST) A SUPPORT ORDER SHOULD CONTACT THE DOMESTIC RELATIONS SECTION. ALL CHARGING ORDERS FOR SPOUSAL SUPPORT AND ALIMONY PENDENTE LITE, INCLUDING UNALLOCATED ORDERS FOR CHILD AND SPOUSAL SUPPORT OR CHILD SUPPORT AND ALIMONY PENDENTE LITE, SHALL TERMINATE UPON DEATH OF THE PAYEE. A MANDATORY INCOME ATTACHMENT WILL ISSUE UNLESS THE DEFENDANT IS NOT IN ARREARS IN PAYMENT IN AN AMOUNT EQUAL TO OR GREATER THAN ONE MONTH'S SUPPORT OBLIGATION AND (1) THE COURT FINDS THAT THERE IS GOOD CAUSE NOT TO REQUIRE IMMEDIATE INCOME WITHHOLDING; OR (2) A WRITTEN AGREEMENT IS REACHED BETWEEN THE PARTIES WHICH PROVIDES FOR AN ALTERNATE ARRANGEMENT. UNPAID ARREARAGE BALANCES MAY BE REPORTED TO CREDIT AGENCIES. ON AND AFTER THE DATE IT IS DUE, EACH UNPAID SUPPORT PAYMENT SHALL CONSTITUTE, BY OPERATION OF LAW, A JUDGMENT AGAINST YOU, AS WELL AS A LIEN AGAINST REAL PROPERTY. IT IS FURTHER ORDERED THAT, UPON PAYOR'S FAILURE TO COMPLY WITH THIS ORDER, PAYOR MAY BE ARRESTED AND BROUGHT BEFORE THE COURT FOR A CONTEMPT HEARING; PAYOR'S WAGES, SALARY, COMMISSIONS, AND/OR INCOME MAY BE ATTACHED IN ACCORDANCE WITH LAW. PAYOR IS RESPONSIBLE FOR COURT COSTS AND FEES. The parties are hereby advised that they may file written exceptions to the Support Master's Report and Recommendation within twenty (20) days of this order. Exceptions shall conform with the requirements of Rule 1910.12(f), Pa. R.C.P. If written exceptions are filed by any party, the other party may file exceptions within twenty (20) days of the date of service of the original exceptions. If no exceptions are filed within twenty (20) days of this interim order, this order shall then constitute a final order. By the Court, Kevin A. Hess, J. Cc: Antonia E. Loudermilk Daniel M. Loudermilk Linda A. Clotfelter, Esquire For the Plaintiff Harry M. Baturin, Esquire For the Defendant DRO DANIEL M. LOUDERMILK, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION ANTONIA E. LOUDERMILK, PACSES NO. 870110754 Defendant/Petitioner DOCKET NO. 08-5505 CIVIL ANTONIA E. LOUDERMILK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION DANIEL M. LOUDERMILK, PACSES NO. 496110578 Defendant DOCKET NO. 2 SUPPORT 2009 SUPPORT MASTER'S REPORT AND RECOMMENDATION Following a hearing held before the undersigned Support Master on May, 7 2009, the following report and recommendation are made: FINDINGS OF FACT 1. The Wife is Antonia E. Loudermilk, who resides at 206 Faith Circle, Carlisle, Pennsylvania. 2. The Husband is Daniel M. Loudermilk, who resides at 520 Meadow Croft Circle, Mechanicsburg, Pennsylvania. 3. The parties took part in a marriage ceremony on June 12, 1999 in the State of California. 4. On June 12, 1999 the Wife was not yet divorced from her husband, Jesus Guerrero. 5. The parties had resided together for several years before their wedding ceremony. 6. The Husband knew that the Wife's divorce had not been finalized at the time of the wedding ceremony. 7. The Wife's divorce was finalized on October 12, 1999. 8. The parties continued to reside together and hold themselves as out husband and wife until the Husband moved from the marital home in October, 2007. 9. On September 17, 2008 the Husband filed a Complaint for Annulment. 10. On December 22, 2008 the Wife filed an Answer, New Matter and Counterclaims to the Husband's Complaint for Annulment in which she filed a claim for divorce and a claim for alimony pendente lite. 11. The parties are the parents of two children, Erik A. Loudermilk and Ricardo L. Loudermilk, both born March 21, 2000. 12. On January 2, 2009 the Wife filed a complaint for spousal and child support. 13. On February 25, 2009 the Wife filed a request for hearing on her claim for alimony pendente lite. 14. The Husband is employed with net monthly income of $7,182.77.' 15. The Wife is employed as a cake decorator by Wal-Mart where she earns $10.75 per hour working 24 to 30 hours per week. 16. The Wife is home in time to meet her sons' school bus, thereby avoiding childcare costs. 17. The Wife filed her 2008 federal tax return as head of household and claimed three children, including a child to a prior relationship, as dependency exemptions. 18. The Wife has insufficient income to defend the complaint for annulment and to prosecute her claim for divorce. 19. The Husband has the present ability to pay alimony pendente lite. DISCUSSION The Wife has elected to withdraw her claim for spousal support and to proceed on her claim for alimony pendente lite only. The parties have stipulated that for the purposes of calculating an award of alimony pendente lite, the sum of $1,208.00 would constitute the Defendant's child support obligation, not the $2,036.00 set forth in the interim order of February 5, 2009. "Alimony pendente lite" is defined in 23 Pa. C.S. Section 3103 as "an order for temporary support granted to a spouse during the pendency of a divorce or annulment proceeding." Consequently the fact that the Husband filed a complaint for annulment does not preclude an award of alimony pendente lite. The parties stipulated to the Husband's income. 2 In Clouse v. Clouse, 50 Cumberland L.J. 167, 170 (2001) the Honorable J. Wesley Oler discussed the law of Pennsylvania as it relates to the subject of alimony pendente lite wherein he stated: The determination of whether to award alimony pendente lite has traditionally been a matter within the sound discretion of the trial court. Litmans v. Litmans, 449 Pa. Superior Ct. 209, 222, 673 A.2d 382, 388 (1996) (citing Murphy v. Murphy, 410 Pa. Superior Ct. 146, 599 A.2d 647 (1991), appeal denied, 530 Pa. 633, 606 A.2d 902 (1992), cert. denied, 506 U.S. 868, 113 S.Ct. 196, 121 L.Ed. 2d 139 (1992)). APL is based on the need of one spouse to have the financial resources to pursue or defend a divorce action. Litmans, supra at 222, 763 A.2d at 388. The claimant must show that APL is needed to adequately preserve his or her rights in the litigation. Sutliff v. Sutliff, 326 Pa. Superior Ct. 496, 500, 474 A.2d 599, 600 (1984), overruled on other grounds, Rosen v. Rosen, 520 Pa. 19, 549 A.2d 561 (1988). In this regard, the Pennsylvania Superior Court has stated that "a spouse seeking alimony pendente lite who has sufficient assets to meet the needs of the pending litigation and who is equally situated with the other spouse to maintain or defend the action, will not be awarded alimony pendente lite." Powers v. Powers, 419 Pa. Superior Ct. 464, 467, 615 A.2d 459, 460 (1992). In adjudicating a claim for alimony pendente lite, a court should consider the following factors: "the ability of the other party to pay; the separate estate and income of the petitioning party; and the character, situation, and surroundings of the parties." Litmans, supra. at 224, 673 A.2d at 389. Once entitlement to an award of alimony pendente lite is established, the calculation of the amount of the award is made pursuant to the support guidelines. Little v. Little, 47 Cumberland L.J. 131 (1998). The Wife has sufficiently demonstrated that she has insufficient income to meet her needs and to defend the Husband's action for annulment or to prosecute her claim for divorce. She is entitled to an award of alimony pendente lite. The Wife has gross monthly income of $1,398.00. Filing her federal income tax return as head of household with three children claimed as dependency exemptions, she has net monthly income for support purposes of $1,529.00.2 The parties have stipulated that the Husband has net monthly income of $7,183.00 and that for calculation of an award of alimony pendente lite the amount of child support will be set at $1,208.00 per month. With the incomes as set forth herein and a child support obligation of $1,208.00 per month, the Husband's obligation for alimony pendente lite under 2 The Wife's net monthly income exceeds the gross because of the earned income credit. See Exhibit "A." 3 the guidelines is $910.00 per month.3 The effective date of this order is February 25, 2009, the date on which the Wife requested the hearing on her alimony pendente lite claim. RECOMMENDATION A. The Husband shall pay to the Pennsylvania State Collection and Disbursement Unit as alimony pendente lite the sum of $910.00 per month. B. The Husband shall pay to the Pennsylvania State Collection and Disbursement Unit the additional sum of $50.00 per month on arrearages. C. The Wife's claim for spousal support is dismissed. D. The effective date of this order is February 25, 2009. Date Michael R. Rundle Support Master s See Exhibit "B" for the calculation. 4 In the Court of Common Pleas of Cumberland County, Pennsylvania Tax Detail Report Plaintiff Name: Antonia E. Loudermilk Defendant Name: Daniel M. Loudermilk Docket Number: 08-5505 Civil PACSES Case Number: 870110754 Other State ID Number: Tax Year: Current: 2009 Defendant Plaintiff 1. Tax Method Manual Manual 2. Fling Status Single Head of Household 3. Who Claims the Exemptions Customize 4. Number of Exemptions 1 4 5. Monthly Taxable Income $7,182.77 $1,397.50 6. Deductions Method 7. Deduction Amount $475.00 $695.83 8. Exemption Amount $291.67 $1,166.68 9. Income MINUS Deductions and Exemptions $6,416.10 -$465.01 10. Tax on Income $1,286.31 - 11. Child Tax Credit _ 12. Manual Adjustments to Taxes - 13. Federal Income Taxes - _$296 92 13 a. Earned Income Credit - $296.92 14. State Income Taxes - $44.16 15. FICA Payments - $106.91 16. City Where Taxes Apply 17. Local Income Taxes - $13.98 TOTAL Taxes - -$131.87 SupportCak 2009 EXHIBIT "A" In the Court of Common Pleas of Cumberland County, Pennsylvania Spousal Support Calculation Rule 1910.10 (PACSES FORMAT) Plaintiff Name: Antonia E. Loudermilk Defendant Name: Daniel M. Loudermilk Docket Number: 08-5505 Civil PACSES Case Number: 870110754 Other State ID Number: 1. Obligor's Month/ Net Income $7,182.77 2. Less All Other Support $1,208.00 3. Less Obligee's Month/ Net Income $1,529.37 4. Difference $4,445.40 5. Less Child Support Obligation for Current Case $1,413.19 6. Difference $3,032.21 7. Multiply b 30% or 40% 30.00% 8. Income Available for Spousal Support $909.66 9. Adjustment for Other Expenses - 10. AMOUNT OF MONTHLY SPOUSAL SUPPORT OR APL $909.66 Prepared b : mrr Date: 5/11/2009 SupportCak 2009 EXHIBIT "B" F?4 r? ?. OF THE 2009 1 1J A?NY1 /? ci' ?)A'I aPiy? aG'4 Nar?l, 5eL.4 sI.. HnPt-'S L"r1' fr (1110 In- :114, a4?? DANIEL M. LOUDERMILK, Plaintiff/Respondent VS. ANTONIA E. LOUDERMILK, Defendant/Petitioner ANTONIA E. LOUDERMILK, Plaintiff VS. DANIEL 1 . LOUDERMILK,, ',.._.. Defendant. _ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. DOMESTIC RELATIONS SECTION PACSES NO. - 870110754 DOCKET NO. - 08 - 5505 - CIVIL IN THE COURT OF CO r. PLEAS CUMBERLA,KD COUNTY, P -NA. DOMESTIC RELATIONS S3 TION ) r ?p " PACSES NO. - 496110578 F.I. pno DOCKET NO. - No. 2 Support 2009 DEFENDANT'S EXCEPTIONS TO MASTER'S REPORT AND RECOMMENDATION: AND NOW, this ?Aih day of M44 , 2009, comes the Plaintiff/Respondent, Defendant, DANIEL M. LOUDERMILK, by the Law Offices of Baturin and Baturin, and files this DEFENDANT'S EXCEPTIONS TO MASTER'S REPORT AND RECOMMENDATION and respectfully represents as follows: I: Plaintiff/Respondent, Defendant is Daniel M. Loudermilk, an adult individual, with a temporary residence of 520 Meadow Croft Circle, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2: Defendant/Petitioner, Plaintiff is Anotinia E. Loudermilk, with a residence of 4 Countryside Drive, Carlisle, Cumberland County, Pennsylvania 17013 3: Petitioner and Respondent took part in a marriage ceremony on June 12, 1999 in the State of California while Respondent was not yet divorced from her existing Husband, Jesus Guerrerro thus causing an impediment to the alleged marriage between Petitioner, Mr. Loudermilk and Respondent, Ms. Loudermilk. Respondent, Ms. Loudermilk, has not established that the said impediment was removed and Respondent has not established that, in the event said impediment was removed, that Petitioner was given Notice of same. 4: Petitioner filed a Petition/Complaint for Annulment on September 17, 2008 to which Responded filed an Answer, New Matter and CounterClaim on December 22, 2008. Respondent's Counsel has filed Five (5) separate Petitions in this overall Matter, which include inaccurate and inconsistent allegations specifically, an Emergency Petition for Custody without requesting any modification in writing to Petitioner in a timely manner, a Petition for Support when the parties had already reached an Agreement with respect to Support under which Agreement the Petitioner paid the entire mortgage and an additional stipend and which Agreement was to be temporary, a Petition for Exclusive Residence without trying to reach an Agreement as to both the short term status and long term status of the Residence as it is undisputed that it is very expensive for either party to maintain, a Second Petition for Support, and most recently a Motion to Schedule a Hearing (without stating the specifics in the caption). 5: Petitioner files Exceptions to Support Master's Findings of Fact in Clause Six (6) that Husband "knew that the Wife's divorce has not been finalized" as no proof of same was offered at the said Hearing. 6: Petitioner files Exceptions to Support Master's Findings of Fact in Clause Seven(7) that Husband "Wife's divorce was finalized" as no proof of same was offered at the said Hearing. 7: Petitioner files Exceptions to Support Master's Findings of Fact in Clause Eight (8) that Husband "held themselves out as Married" as no proof of same was offered at the said Hearing. 8: Petitioner files Exceptions to Support Master's Findings of Fact in Clause Eighteen (18) that Respondent has "insufficient income to defend the complaint for annulment" as Respondent received her proceeds of the marital home sale directly and has received child support and additional payments by Petitioner for the majority of her expenses as well as the fact that Respondent is unnecessary prolonging and stalling the proceedings as referenced. 9: Petitioner files Exceptions to Support Master's Recommendation that he pay the PSCD alimony pendente lite the sum of $ 910.00 per month as same is not warranted as this proceeding has been unnecessarily prolonged and stalled by Respondent, especially in light of the fraudulent manner in which the alleged marriage was entered into. WHEREFORE, Plaintiff, DANIEL M. LOUDERMILK, requests this Honorable Court to grant the relief requested, and any other relief deemed appropriate, and enter a Final Order dismissing the Order for Alimony Pendente Lite. Respectfully submitted, BATURIN & BATURIN By: M. 6tt,.x-_ Harty M. Baturin Attorney ID 483006 2604 North Second Street Harrisburg, PA 17110 (717) 234-2427 Attorney for Plaintiff Dated: %54141 VERIFICATION I VERIFY THAT THE STATEMENTS MADE IN THIS PLEADING ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, BELIEF, AND INFORMATION. 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: /Zq /o-9 z--a(SEAL) rL n - C •) .J ,f 1*1 ??i 6,e DANIEL M. LOUDERMILK, PlaintifVRespondent VS. ANTONIA E. LOUDERMILK, Defendaut/Petitioner COMPANION CASE. DANIEL M. LOUDERMILK, Plaintiff VS. ANTONIA E. LOUDERMILK, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION : PACSES NO. 870110754 (APL) : DOCKET NO.2008-5505CIVIL - DIVORCE : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION : PACSES NO. 496110578 (CHILD SUPPORT) : DOCKET NO. - No. 2 Support 2009 WIFE'S CROSS-EXCEPTIONS TO SUPPORT MASTER'S REPORT AND RECOMMENDATION AND NOW, comes petitioner, Antonia E. Loudermilk, (hereinafter "Wife"), by and through her counsel, Linda A. Clotfelter, Esquire, who takes the following Exceptions to the Support Master's Report and Recommendation on the issue of alimony pendente lite and respectfully represents as follows: 1. The Support Master's recommendation that Husband's obligation for alimony pendente lite (hereinafter "APL"), under the guidelines is $910.00 per month as per the Exhibit "B" is in error. The calculation improperly indicates two reductions for other support while only one other support obligation exists. The parties stipulated to a child support obligation of $1,208.00 for the purpose of determining APL and thus, the additional reduction for child support of $1,413.19 for the current case child support is in error. a 2. The Support Master erred when failed to make the award retroactive to the date of filing of Wife's Petition for Alimony Pendente Lite. 3. The Support Master erred when he failed to award an additional monthly amount towards the mortgage payment. WHEREFORE, Wife, Antonia E. Loudermilk, respectfully requests that this Honorable Court consider her Cross-Exceptions to the Support Master's Report and Recommendation, review the evidence before the Court, and enter a final Order. LAW FIRM OF LINDA A. CLOTFELTER Date: Y: Li da A. Clotfelter, Esquire A orney I.D. No. 72963 21 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 Attorney for Plaintiff (717) 796-1930 Telephone (717) 796-1933 Facsimile r DANIEL M. LOUDERMILK, Plaintiff/Respondent VS. ANTONIA E. LOUDERMILK, Defendant/Petitioner COMPANION CASE. DANIEL M. LOUDERMILK, Plaintiff VS. ANTONIA E. LOUDERMILK, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION : PACSES NO. 870110754 (APL) : DOCKET NO.2008-5505CIVIL - DIVORCE : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION PACSES NO. 496110578 (CHILD SUPPORT) DOCKET NO. - No. 2 Support 2009 CERTIFICATE OF SERVICE AND NOW, on this date, the undersigned hereby certifies that a true and correct copy of the foregoing Wife's Cross-Exceptions to Support Master's Report and Recommendation was served upon the interested parties by facsimile and United States First Class Mail, postage prepaid, addressed as follows: Harry Baturin, Esquire 2604 N. Second Street Harrisburg, PA 17110 Dated: .f v sv%_ - i ,-I Lu da A. Clotfelter, Esquire A mey ID No. 72963 21 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile a-OFF ICE M OF THE PRO" NOTARY 2M9 JUN -8 PH 3-- 22 t,} 1bc -. -,, <iI - ?11, JNTY PEPdNS' LVANI off °fco D2 0 DANIEL M. LOUDERMILK, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION ANTONIA E. LOUDERMILK, PACSES NO. 870110754 Defendant/Petitioner DOCKET NO. 08-5505 CIVIL ORDER OF COURT AND NOW, this ti7 day of June, 2009, the Plaintiff/Respondent having filed exceptions to the Support Master's Report and Recommen ation, it is hereby ordered as follows, pursuant to Rule 1910.12, C.C.R.P.: 1. The stenographer for the Support Master shall transcribe and file the notes of testimony, and the Plaintiff/Respondent shall bear the cost of the original transcript. 2. The Plaintiff/Respondent shall file a brief, in these chambers, ?n support of the Q? q exceptions not later than 0 4 3. The Defenda t/Petiti hall file a reply brief, in these cha bers, not later than o;L00 ?j 4. Argument shall be before the undersigned on 6 / ?l•'UO in Courtroom #3. ?. he Court, ?I Edward E. Guido, J. cc: Daniel M. Loudermilk Antonia E. Loudermilk ,/Linda A. Clotfelter, Esquire For the Defendant/Petitioner ./)'arry M. Baturin, Esquire For the Plaintiff/Respondent DRO Ho f l ?e3 L/? t/0Q F l F -OiFICE OF TH,- p^? u CN` Tt?Y 2009 JUIN 14 Pik 3* Z 1 ??+ s? °?ttJ + t.. f DANIEL M. LOUDERMILK, Plaintiff(Respondent Vs. ANTONIA E. LOUDERMILK, Defendant/Petitioner ANTONIA E. LOUDERMILK, Plaintiff Vs. DANIEL M. LOUDERMILK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. DOMESTIC RELATIONS SECTION PACSES NO. - 870110754 DOCKET NO. - 08 - 5505 - CIVIL IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. DOMESTIC RELATIONS SECTION PACSES NO. - 496110578 DOCKET NO. - No. 2 Support 2009 PRAECIPE TO WITHDRAW EXCEPTIONS TO MASTER'S REPORT PER SETTLEMENT TO THE PROTHONOTARY: Please withdraw Daniel M. Loudermilk's Exceptions to Master's Report per settlement reached by the parties, as referenced in the attached correspondence, without prejudice. Date: August 3. 2009 12??nl poi?t Harry M. Baturin, Esquire Attorney for Daniel M. Loudermilk LAW FIRM OF ri LINDA A. CLOTFELTER 5021 EAST TRINDLE ROAD, SUITE 100 MECHANICSBURG, PENNSYLVANIA 17050 telephone (717) 796-1930 July 13, 2009 VIA FACSEMME AND FIRST CLASS MAIL Harry Baturin, Esquire 2604 N Second Street Harrisburg, PA 17110 RE: Loudermilk v. Loudermilk - Divorce Dear Attorney Baturin: facsimile (717) 796-1933 Given the recent settlement and negotiations between the parties it is imperative that we be updated on the values of the assets in this case. Accordingly, this correspondence serves as our request for the most recent statement available for the Commerce Capital Market account number C62-270075; the Rite Aid 401k plan; and any other retirement accounts held by Mr. Loudermilk. If you require written discovery requests please let us know immediately. Otherwise, we would anticipate having these documents by week's end. Very truly yours, awl Llotfelter LAC/sas cc: Antonia Loudermilk (via email only) Apy OF 7?7 "31B 9 ` -3?? J 3 Copy 4o Dieo ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT 08-5505 CIVIL State Commonwealth of Pennsylvania Original Order/Notice 496110578 Co./City/Dist. of CUMBERLAND Amended Order/Notice Date of Order/Notice 08/03/09 2 S 2009 OTerminate Order/Notice Case Number (See Addendum for case summary) (Done-Time Lump Sum/Notice R€:LOUDERMILK, DANIEL M. Employer/Withholder's Federal EIN Number Employee/Obligor's Name (Last, First, MI) 558-85-1491 Employee/Obligor's Social Security Number RITE AID CORPORATION* 0476102070 PO BOX 3165 Employee/Obligor's Case Identifier HARRISBURG PA 17105-3165 (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. $ 1,208.00 per month in current child support $ 40.00 per month in past-due child support Arrears 12 weeks or greater? Q yes ® no $ 0.00 per month in current medical support $ o . oo per month in past-due medical support $ 91o . oo per month in current spousal support $ 50.0o per month in past-due spousal support $ 0.00 per month for genetic test costs $ o. oo per month in other (specify) $ one-time lump sum payment for a total of $ 2,208.00 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: $ 509.54 per weekly pay period. $ 1,104.00 per semimonthly pay period (twice a month) $ 1019-08 per biweekly pay period (every two weeks) $ 2, 208.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). Pennsylvania law (23 PA C.S. § 4374(b)) requires remittance by an electronic Payment method if an employer is ordered to withhold income from more than one employee and employs 15 or more persons, or if an employer has a history of two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. ./ 10 BY THE COURT: !:I DRD: R.J. Shadday r Form EN-028 Rev.5 Service Type M OMB No.: 0970-0154 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS 1jhecketi you are required to I Yide aopy of this form to your mployee. If your employee v?orks in a state that is di Brent torn the state that issu this o er, a copy must be provi ?ed to your employee even if t e box is not checked t . Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employeelobligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employeelobligor. 3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employeelobligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 2319406520 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : O THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 1:1 EMPLOYEE'S/OBLIGOR'S NAME:LOUDERMILK, DANIEL M. EMPLOYEE'S CASE IDENTIFIER: 0476102070 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: FINAL PAYMENT AMOUNT- NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employeelobligor from employment, refusing to employ, or taking disciplinary action against any employeelobligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) 0 5 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks : If the Order information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 If you or your employee/obligor have any questions contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Rev.5 Service Type M OMB No.: 0970-0154 Worker I D $ IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: LOUDERMILK, DANIEL M. PACSES Case Number 496110578 Plaintiff Name ANTONIA E. LOUDERMILK Docket Attachment Amount 00002 S 2009 $ 1,248.00 Child(ren)'s Name(s): DOB ERIK A. LOUDERMILK._ 03/21/00 RTdWO L, LIEITLK 03 / 21I6 0 PACSES Case Number 870110754 Plaintiff Name ANTONIA E. LOUDERMILK Docket Attachment Amount 08-5505 CIVIL$ 960.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Addendum Form EN-028 Rev.5 Service Type M OMB No.: 0970-0154 Worker ID $IATT FILE+D-, --,l IARY THE K 2069 AUG -4 ;`Ih 2• I DANIEL M. LOUDERMILK, Plaintiff/Respondent VS. ANTONIA E. LOUDERMILK, Defendant/Petitioner COMPANION CASE: DANIEL M. LOUDERMILK, Plaintiff PENNSYLVANIA Vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : DOMESTIC RELATIONS SECTION : PACSES NO. 870110754 (APL) : DOCKET NO. 2008-5505 CIVIL - DIVORCE IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, DOMESTIC RELATIONS SECTION ANTONIA E. LOUDERMILK, : PACSES NO. 496110578 (CHILD SUPPORT) Defendant : DOCKET NO. - No. 2 Support 2009 PRAECIPE FOR WITHDRAW OF APPEARANCE TO THE PROTHONOTARY: Please withdraw my appearance for Daniel M. Loudermilk in the above case. Date: Please enter my Appearance, Pro Se, Date: *UVI.M. K?- Harry M. Baturin, Esq. Attorney ID# 2604 North Second Street Harrisburg, PA 17110 717-234-2427 Daniel M. Loudermilk 520 Meadow Croft Circle Mechanicsburg, PA 17055 717-701-6065 F Lf-i 2099 r';' iv -- ', a''; ! 0 DANIEL M. LOUDERMILK, Plaintiff, VS. ANTONIA E. LOUDERMILK, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 08 - 5505 CIVIL CIVIL ACTION - LAW DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Annulment was filed September 17, 2008 and an Answer with a claim for Divorce under Section 3301 (c) of the Divorce Code was filed on December 22, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees and expenses if I do not claim them before a divorce is granted. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: 817 ©,i I..r Z...... DANIEL M. LOUDERMILK, Plaintiff L" 1L`)P T¢. V oium; DANIEL M. LOUDERMILK, Plaintiff, VS. ANTONIA E. LOUDERMILK, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08 - 5505 CIVIL : CIVIL ACTION - LAW : DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER & 3301(C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this 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: g&(Z(o9 ,?H. DANIEL M. LOUDERMIL , Plaintiff { ?v tun° A G i l PH 12: r.'.? J 43 fir: ? . r t { C DANIEL M. LOUDERMILK, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 08 - 5505 CIVIL ANTONIA E. LOUDERMILK, : CIVIL ACTION - LAW Defendant : DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Annulment was filed September 17, 2008 and an Answer with a claim for Divorce under Section 3301 (c) of the Divorce Code was filed on December 22, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees and expenses if I do not claim them before a divorce is granted. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unworn falsification to authorities. Date: 4/C; G' 4 O A E. LO RMILK, Defendant F OFFICE .OF TW PR(A), "WOTARY 2009 SEP - 9 PM 1: 4 6 PE ,N S LVANIIA 0 DANIEL M. LOUDERMILK, Plaintiff, VS. ANTONIA E. LOUDERMILK, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08 - 5505 CIVIL : CIVIL ACTION - LAW : DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER & 3301(C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsification to authorities. Date: d 'RANT NIA E. O RMILK, Defendant ^FCE pPOTHONOTARY OFI 2009 SEP -9 PM l *. 46 'NTY PENN&LIANA DANIEL M. LOUDERMILK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. ANTONIA E. LOUDERMILK, NO. 2008 - 5505 CIVIL TERM Defendant (DRO - PACSES # 870110754) IN RE: CROSS EXCEPTIONS TO THE SUPPORT MASTER'S REPORT AND RECOMMENDATION BEFORE GUIDO, J. i AND NOW, this day of SEPTEMBER, 2009, it is hereby ordered and directed as follows: 1.) Plaintiff/Respondent having failed to file a brief as directed, his exceptions to the Support Master's Report and Recommendations are DISMISSED. 2.) Defendant/Petitioner's Exceptions are granted insofar as we are satisfied that an error was made in deducting an additional $1413.19 from the Plaintiff/Respondent's net income before determining the APL amount. There is no basis in the record to support said deduction. 3.) The Interim Order of Court, dated May 12, 2009 is amended to provide that the actual APL payable is $1333.62 per month. 4.) Except as amended in paragraph 3 above the Interim Order of Court dated May 12, 2009 is RATIFIED and AFFIRMED and is hereby made a FINAL Order of Court. the Cou , Edward E. Guido, J. Linda A. Clotfelter, Esquire Harry M. Baturin, Esquire Michael R. Rundle, Esquire DRO - '` ?? l1,.1,,,?J ? E CF THE i AR`{ 2009 SEP 18 Fr 2: 14 DANIEL M. LOUDERMILK, Plaintiff VS. ANTONIA F. LOUDERMILK, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,, PENNSYLVANIA NO. 08 - 5505 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this day of 2009, the economic claims raised in the proceedings having been resolved in accordance with a marital settlement agreement dated August 10, 2009, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY cc: Marry M. Baturin Attorney for Plaintiff veinda A. Clotfelter r Attorney for Defendant J THE COURT, AL1 t la? Edgar B. Bayley, P.J. . n ?? ATARY 2009 SEP 30 AM I1 16 1 DANIEL M. LOUDERMILK, Plaintiff, VS. ANTONIA E. LOUDERMILK, Defendant : IN TIA COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 08 - 5505 CIVIL CIVIL ACTION - LAW DIVORCE ACCEPTANCE OF SERVICE I, LINDA A. CLOTFELTER, Counsel for Defendant in the above-captioned mutter, hereby accept service of the Complaint in Annulment filed September 17, 2008, on behalf of Defendant, Antonia E. Loudermilk and certify that I am authorized to do so. Respectfully submitted, LAW FIRM OF LINDA A. CLOTFELTER z Date: di da A. Clotfelter, Esquire orney I.D. No. 72963 5021 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile DANIEL M. LOUDERMILK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA Vs. : NO. 08 - 5505 CIVIL ANTONIA E. LOUDERMELK, : CIVIL ACTION - LAW Defendant : DIVORCE CERTIFICATE OF SERVICE AND NOW, this _E day of October, 2009, the undersigned hereby certifies that a true and correct copy of the foregoing ACCEPTANCE OF SERVICE was served upon the opposing party by United States First Class Mail, postage prepaid: Daniel M. Loudermilk 520 Meadow Croft Cirlce Mechanicsburg, PA 17055 Respectfully submitted, LAW FIRM OF LINDA A. CLOTFELTER By: ?NAAW- OnUIA-l S on Sheaffer, araleg 5021 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile FILED-O iCE OF THE PROT ;C\*TARY 2009 OCT -2 PM 2: 5 3 , o:)UNTY CUR.B;:a +? 11 "d PENNSYLVANIA MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this ALDA-?day of NaIAC4- 2009, by and between, Antonia E. Loudermilk, (hereinafter called "Wife") and Daniel M. Loudermilk, (hereinafter called "Husband" ). WITNESSETH: WHEREAS, Husband and Wife were lawfully married on June 12,1999; and WHEREAS, the parties hereto are the natural parents of two (2) minor children, namely, Ricardo L. Loudermilk and Erik A. Loudermilk, both born March 21, 2000; and WHEREAS, the parties are now separate and apart within the meaning of the Pennsylvania Divorce Code; and WHEREAS, the parties hereto are desirous of resolving fully and finally their respective financial and property rights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership of real and personal property, the support and maintenance of one another and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW THEREFORE, in consideration of these premises, and of the mutual promises, covenants and undertakings hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. PERSONAL RIGHTS. Husband and Wife may, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference and authority, direct or indirect by the other. Each may reside at such place or places as he or she may select. Each may, for his or her separate use or benefit, conduct, carry on or engage in any business, occupation, Ac profession or employment which to him or her may seem advisable and each party shall not interfere in any way with the other party's business and/or business contacts. Husband and Wife shall not molest, harass, disturb or malign each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereafter acquired by the other 2. ADVICE OF COUNSEL. Each party acknowledges that he or she has hald the opportunity to receive independent legal advice from counsel of his or her selection. Wife has been represented in this matter by Linda A. Clotfelter, Esquire, and Husband had been represented in this matter by Harry M. Baturin, Esquire until August 5, 2009 at which time Attorney Baturin withdrew his appearance and Husband entered his appearance, pro se. Husband wishes to represent himself in this matter and he feels that he can adequately do so without the assistance of legal counsel. Each party has had the opportunity to review this Agreement and each fully understands the facts and his or her legal rights and obligations. Each party also acknowledges and accepts that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, and that the 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. In addition, each party understands the impact of the Pennsylvania Divorce Code, whereby the court has the right and duty to determine all marital rights of the parties including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same, each party hereto still desires to execute this Agreement acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his and her respective right 2 to have the Court of Common Pleas of Cumberland County, or any other court of competent jurisdiction, make any determination or order affecting the respective parties' rights to alimony, alimony pendente lite, support and maintenance, equitable distribution, counsel fees and costs of litigation. 3. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges that he or she is aware of his or her right to seek discovery including, but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or she has had the opportunity to hire counsel to explain the concept of marital property under Pennsylvania law and each is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the courts of this Commonwealth or any other court of competent jurisdiction. The parties do hereby acknowledge that there has been full and fair disclosure to the other of his or her respective income, assets and liabilities, whether such are held jointly, in the name of one party alone or in the name of one of the parties and another individual or individuals. Each party agrees that any right to further disclosure, valuation, appraisal or enumeration or statement thereof in this Agreement is hereby specifically waived, and the parties do not wish to make or append hereto any further enumeration or statement. Specifically, each party waives the need for copies of bank statements, insurance policies, retirement plan statements or any other documentation. Each party warrants that he or she is not aware of any marital asset which is not identified in this Agreement. The parties hereby acknowledge and agree that the division of assets as set forth in this Agreement is fair, reasonable, and equitable, and is satisfactory to them. Each of the parties hereto 3 Ac further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators or assigns in any action of contention, direct or indirect, and allege therein that there was a denial of any rights to full disclosure, or that there was any fraud, duress, undue influence or that there was a failure to have available full, proper and independent representation by legal counsel. 4. MUTUAL CONSENT DIVORCE. It is the intention of the parties, and the pdrrties agree, that by this Agreement they have resolved all ancillary economic issues related to the dissolution of their marriage and thus any divorce action with respect to these parties shall be limited to a claim for divorce only. Husband filed a Complaint for Annulment in the Court of Common Pleas of Cumberland County, Pennsylvania to Civil Docket Number 08 - 5505 and' Wife filed an Answer with a Counterclaim for divorce to the same docket. The parties agree that they will immediately seek a no-fault divorce based upon mutual consent. Thus, concurrently with the execution of this Agreement they will each execute an Affidavit of Consent and Waiver of Notice of Intention to Request Entry of Divorce Decree so that either party may finalize the divorce action in a timely fashion. In the event, for whatever reason, either party fails or refuses to executesuch affidavit upon the other party's timely request, that party shall indemnify, defend and hold the other harmless from any and all additional expenses, including actual counsel fees, resulting from any action brought to compel the refusing party to consent. Each party hereby agrees that a legal or equitable action may be brought to compel him or her to execute a consent form and that, absent some breach of this Agreement by the proceeding party, there shall be no defense to such action asserted. Upon completion of the divorce action, counsel obtaining a divorce decree shall supply to opposing party a copy of the Decree. 4 fk 17 5. INCOME TAX CONSIDERATIONS. The transfers of property pursuant to this Agreement are transfers between Husband and Wife incident to their divorce and as such are nontaxable, with no gain or loss recognized. The transferee's basis in the property shall be the adjusted basis of the transferor immediately before the transfer. The transfers herein are an equal division of marital property for full and adequate consideration and as such will not result in any gift tax liability. 6. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS. Each party understands that he or she has the right: (1) to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation; (2) to have all such property valued by means of appraisals or otherwise; (3) to compulsory discovery to assist in the discovery and verification of facts relevant to their respective rights and obligations, including the right to question the other party under oath; and (4) to have a court hold hearings and make decision on the matters covered by this Agreement, which court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Each party acknowledges that this Agreement is fair and equitable, that it adequately provides for his or her needs and is in his or her best interests, and that the agreement is not the result of any fraud, duress, or undue influence exercised by either party upon the other or by any other person or persons upon either party. Given said understanding and acknowledgment, both parties hereby waive the following procedural rights: a. Inventory: The right to obtain an inventory of all marital and separate property as defined by the Pennsylvania Divorce Code. 5 ? ? z, b. Income and Expense Statement: The right to obtain an income and expense statement of the other party as provided by the Pennsylvania Divorce Code, except in instances where such an income and expense statement is hereafter required to be filed in any child support action or any other proceedings pursuant to an order of court. Discovery: The right to have any discovery as may be permitted by the Rules, of Civil Procedure, except discovery arising out of a breach of this Agreement, out of any child support action, or out of any other proceedings in which discovery is specifically ordered by the court. d. Determination of Marital and Non-Marital Property: The right to have the court determine which property is marital and which is non-marital, and equitably distribute between the parties that property which the court determines to be marital. e. Other Rights and Remedies: The right to have the court decide any other tights remedies, privileges, or obligations covered by this Agreement, including, but not limited to, possible claims for divorce, spousal support, alimony, alimony pendente lite (temporary alimony), counsel fees, costs and expenses. 7. EQUITABLE DISTRIBUTION. The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in Section 3502 of the Pennsylvania Divorce Code. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being affected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties, and shall be as follows: A. REAL ESTATE: L 4 Countryside Drive. Carlisle. Pennsylvania 17013: The parties acknowledge that the jointly titled real property situate at 4 Countryside Drive, Carlisle, Pennsylvania 17013 (hereinafter Marital Residence"), which served as the marital residence was sold on April 24, 2009. The proceeds of the sale totaled $15,092.64 after a reduction for the 6 67Z , ? sum of $5,766.10 that was sent to Pennsylvania SCDU due to a child support lien. It is specifically agreed by the parties that the sum of $5,766.10 for the child support lien has been properly addressed through the child support proceeding filed to Docket No. 2 Support 2009, PACSES Case Number 496110578 such that no further action is required. It is also specifically agreed that the proceeds of the sale of the Marital Residence totaling $15,092.64 shall be distributed as follows: a. The sum of $12,546.32 shall be distributed to Wife. It is acknowledged that Wife has previously received the sum of $7,546.32 and the remaining sum of $5,000.00 shall be paid to Wife from the escrow account of Husband's attorney as soon as possible; and b. The sum of $2,546.32 plus any interest earned by the escrow account shall be distributed to Husband as soon as administratively possible. The parties mutually agreed that the terms of this paragraph resolve any and all outstanding issues related to the Marital Residence and its disposition. ii. Royal Holiday Timeshare: It is expressly agreed that Husband shall retain the Royal Holiday timeshare. Husband shall be solely responsible for any financial or other liabilities related to the property and he shall hold Wife harmless from same. It is agreed that Husband shall have Wife's name removed from the title to the property any loan, if any associated with it within six (6) months. B. DIVISION OF HOUSEHOLD AND PERSONAL PROPERTY: The parties agree that they have divided by agreement between themselves all furnishings and personalty including all furniture, furnishings, antiques, jewelry, rugs, carpets,; and household appliances. Wife shall retain as her sole and separate property the personal property presently within her possession and Husband shall retain sole and exclusive ownership of the furnishings and personalty presently within his possession. Each party 7 shall retain the furnishings and personalty as described herein as his or her possession, free and clear of any right, title, claim and/or interest of the other party. Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. Property shall be deemed to be in the possession or under the control of either party if, in the case of tangible personal property, it is physically in the possession or control of the party at the time of the signing of this Agreement or in the case of intangible personal property, if any physical or written evidence of ownership, such as passbook, checkbook, policy or certificate of insurance or other similar writing is in the possession or control of the party. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in personal property from one parry to the other as set forth herein. C. MOTOR VEHICLES: It is agreed by the parties that each shall immediately upon request execute the titles or other documentation required to effectuate the distribution of the parties' motor vehicles as follows: i. Land Rover - The parties acknowledge that there are no longer any outstanding issues related to the Land Rover which was returned pursuant to the terms of the lease for same. ii. 2004 Ford Focus - It is specifically agreed that Wife shall retain exclusive use, ownership and title of the 2004 Ford Focus. Wife shall be fully and solely responsible for any and all financial or other obligations associated with the 2004 Ford Focus, and she agrees to indemnify and hold harmless Husband from any and all liability for same. M. 2001 Honda Accord - It is specifically agreed that Husband shall retain exclusive use, ownership and title of the 2001 Honda Accord. Husband shall be fully and 8 fit solely responsible for any and all financial or other obligations associated with the 2001 Honda Accord and he agrees to indemnify and hold harmless Wife from any and all liability for same. iv. Motorcycle - It is acknowledged by the parties that the motorcycle obtained by Husband was sold and there are no longer any outstanding issues related to that asset. D. PENSION, PROFIT-SHARING, RETIREMENT, OR OTHER PLANS RELATED TO EMPLOYMENT: The parties acknowledge that certain marital assets exist in the form of pension, profit-sharing, other retirement plans related to employment. More specifically, Wife does not have any retirement plans, but Husband has two retirement plans through his employer Rite Aid. They are the Rite Aid 401(k)' Plan through T. Rowe Price with a value of $14,853.89 on July 27, 2009 and a retirement account number C62-xxx075 formerly through Commerce Capital Markets, Inc. and now administered by TD Wealth Management with an approximate value of $76,897.11 on August 3, 2009. The parties specifically agree that the Commerce Capital Markets, Inc./TD Wealth Management account number C62-xxx075 with an approximate value of $76,897.11 shall be distributed to Wife as a rollover to a similar account and Husband shall retain the Rite Aid 401(k) Plan through T. Rowe Price with a value of $14,853.89. The rollover to Wife shall be effectuated pursuant to a Qualified Domestic Relations Order ("QDRO"), if necessary. The QDRO shall be prepared by Wife's counsel and executed concurrently with the execution of this Agreement and will be docketed as soon as possible. E. DISTRIBUTION OF CASH ASSETS, STOCKS AND BONDS AND INVESTMENT ACCOUNTS: The parties agree that they have distributed to each, to 9 'tL ? their mutual satisfaction, the sums deposited in the marital bank accounts and other similar accounts. The parties further agree that they shall retain as their respective sole and separate property any other depository or brokerage accounts, stocks, or bonds held in their respective individual names. If either party remains upon an account to be retained by the other party, the parties agree that they shall take all steps that are necessary to title the account to a sole name within thirty (30) days of the date of this Agreement. F. LIFE INSURANCE: The parties agree that each shall retain any and all life insurance policies in his or her name without claim by the other party and those assets shall be that party's sole and separate property. There shall be no restrictions on either party regarding designations of beneficiaries nor shall there be any other limitations regarding the financing, continuation, or termination of any life insurance policies held by either of the parties. G. MISCELLANEOUS PROPERTY: As of the execution date of this Agreement, any and all property not specifically addressed herein shall be owned by the party to whom the property is titled; and if untitled, the party in possession after the expiration of six (6) months from the date of execution of this Agreement. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from each to the other. H. PROPERTY TO WIFE: The parties agree that Wife shall own, possess, and enjoy, free from any claim of husband, the property awarded to her by the terms of this Agreement shall become Wife's property after she has Husband released from any and all liability for same. Husband hereby quitclaims, assigns and conveys to Wife all such 10 /o N, vi' property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife. 1. PROPERTY TO HUSBAND: The parties agree that Husband shall own, possess, and enjoy, free from any claim of Wife, the property awarded to him by the terms of this Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband. 8. DEBTS. Husband represents and warrants to Wife that since the 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 he shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of such debt or obligation incurred by him since the date of said separation, except as otherwise set forth herein. Wife represents and warrants to Husband that since the 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 she shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of such debts or obligations incurred by her since the date of said separation, except as otherwise set forth herein. The parties also agree to the following: a. Marital Debt. During the course of the marriage, Husband and Wife have incurred certain bills and obligations that are marital debt. It is their specific desire to address a distribution of those debts herein. The parties agree that each 11 /j ?) party shall retain as his or her sole and separate obligation the marital debt as described in this section. b. General Provision: Any debt herein described shall be deemed to include the current balance owed on the debt as of the date of execution of this Agreement. C. Wife's debts: Wife shall be solely responsible for the debts, liabilities, obligations, loans, credit card accounts, and the like incurred in Wife's sole name, and not otherwise provided for herein related to those assets to be retained by Wife. d. Husband's Debts: Husband shall be solely responsible for the debts, liabilities, obligations, loans, credit card accounts, and the like incurred in Husband's sole name, and not otherwise provided for herein. e. Indemnification: Each party agrees to hold the other harmless from any and all liability which may arise from the aforesaid bills which pursuant to the terms herein are not the responsibility of the other party. This includes but is not limited to any attorney's fees and costs incurred by the other party as the result of defending against the obligation and/or enforcing the provisions of this indemnification. f. No Further Charges on Joint Debts: Neither party shall make any further charges on any joint debt for which the other party may be responsible, and if said charges are made in violation of this Agreement, then the party incurring said charge; shall immediately repay same. From the date of this Agreement, each party shall only use those credit accounts or incur such further obligations for which that palmy is individually and solely liable and the parties shall cooperate in closing any remaining accounts which provide for joint liability. g. Non-Disclosed Liability: Any liability not disclosed in this Agreement shall be the sole responsibility of the party who has incurred or may hereafter incur it, and the parry incurring or having incurred said debt shall pay it as it becomes due and payable. 9. INCOME TAX. The parties have heretofore filed joint federal and state tax returns. Both parties agree that, in the event any deficiency in federal, state or local income tax is proposed or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. 12 r2 ? Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. It is also specifically agreed that each party agrees to execute immediately upon request any and all documentation necessary to effectuate the terms of this paragraph. 10. CHILD SUPPORT, ALIMONY, ALIMONY PENDENTE LITE, SPOUSAL SUPPORT AND MEDICAL INSURANCE FOR WIFE. a. Child Support - The parties acknowledge that there is a child support proceeding filed in the Domestic Relations Section of the Court of Common Pleas of Cumberland County to docket number 2 Support 2009 and PACKS case number 496110578.' It is specifically agreed that the child support matter shall continue to be handled by the Domestic Relations Section and will not be addressed in this Agreement. b. Spousal Support and Alimony Pendente Lite - The parties acknowledge that Wife filed a claim for alimony pendente lite (hereinafter "APL") December 22, 2008 and a claim for spousal support January 2, 2009. A hearing was held on the claim for alimony pendente lite and at the hearing Wife agreed to dismiss her claim for spousal support. The Support Master entered an Interim Order as well as a Report and Recommendation on the APL issue and exceptions were filed by both parties. The Interim Order awarded Wife APL in the sum of $910.00 plus $50.00 on arrears. Husband's exceptions were withdrawn by Praecipe on August 3, 2009 and Wife's exceptions proceeded and were decided by the Court upon briefs. It is the intent of the parties that the APL payments to Wife shall continue as determined by the court upon Wife's exceptions' and the APL payments shall terminate upon the entry of the divorce 13 13 2c ? Z, decree at which time the alimony payments from Husband to Wife shall commence. C. Alimony - The parties expressly agree that beginning the first month following the date of execution of this Agreement and continuing for a period of sixty (60) months thereafter, Husband shall pay to Wife alimony in the amount of $1,092.00 per month through the Domestic Relations Section. The alimony payment to Wife shall due and payable upon the same terms and/or frequency as the child support payment It is the parties' express intent that Wife receive from Husband a minimum sum of $2,300.00 per month as child support and alimony. It is acknowledged that Husband is currently ordered to pay child support of $1,208.00 per month to Wife. Thus, it is expressly agreed that if the child support obligation to be paid to Wife by Husband is decreased for any reason, the alimony sum to be paid by Husband to Wife shall be increased by a sum equal to the sum by which the child support obligation was decreased. It is further expressly agreed that the increase in alimony as per this provision shall be accomplished administratively by the Domestic Relations Section without the need for a petition requesting a modification. The alimony shall terminate in the event of Wife's death, but it shall not terminate upon Wife's remarriage, or cohabitation. d. Medical Insurance - The parties further agree that Husband shall provide medical insurance coverage for Wife for a period of sixty (60) months upon the entry of the divorce decree. It is anticipated that Husband shall insure Wife through the policy he has through his employer. If Wife cannot be covered by Husband's medical insurance policy through his employer, then Husband shall pay Wife's COBRA fee or the cost of comparable insurance for the term remainder of the five (5) year term. 11. TAX DEPENDENCY EXEMPTIONS. The parties agree that each party shall 14 /y rk be entitled to utilize the tax dependency exemptions for one (1) child each year. When only one child is eligible as a dependent for tax purposes then the parties shall alternate annually the right to claim the child with Husband being entitled to utilize the tax dependency exemption the first year that only one child is eligible. Each party agrees to execute the proper IRS form required for the other's tax returns as needed within seven (7) days of his or her request for same, if necessary. 12. WAIVER OF INHERITANCE RIGHTS. Unless otherwise specifically provided in this Agreement, as of the execution date of this Agreement, Husband and Wife each waives all rights of inheritance in the estate of the other, any right to elect to take against the will or any trust of the other or in which the other has an interest, and each of the parties waives any additional rights which said party has or may have by reason of their marriage, except the rights saved or created by the terms of this Agreement. This waiver shall be construed generally and shall include, but not be limited to, a waiver of all rights provided under the laws of Pennsylvania, or any other jurisdiction. 13. WAIVER OF BENEFICIARY DESIGNATION. Unless otherwise specifically set forth in this Agreement, each party hereto specifically waives any and all beneficiary rights and any and all rights as a surviving spouse in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, find pay checks or any other post-death distribution schemes, and each party expressly states that it is his and her intention to revoke by the terms of this Agreement any beneficiary designations narning the other which are in effect as of the date of execution of this Agreement. If and in the event the 15 /a 1?- Y? T other party continues to be named as beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party. 14. WAIVER OF CLAIMS. Except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever in law or in equity, which either party ever had or now has against the other. 15. PRESERVATION OF RECORDS. Each party will keep and preserve for a period of four (4) years from the date of their divorce decree all financial records relating to the marital estate, and each party will allow the other party access to those records in the event of tax audits. 16. BANKRUPTCY. The parties further warrant that they have not heretofore instituted any proceedings pursuant to the bankruptcy laws; there are no such proceedings pending with respect to them which have been initiated by others; and they agree not to file a bankruptcy action prior to the completion of their respective obligations of this Agreement. It is stipulated and agreed by the parties that any payment made by one party to or for the benefit of the other party, including the direct payment of marital debt addressed in this Agreement, shall be deemed to be in the nature of support and maintenance and shall not be dischargeable in bankruptcy. The parties acknowledge that the payments and other terms of this Agreement are necessary for the parties to meet their financial obligations and to support and maintain their standard of living. Also, if either party files for bankruptcy, this Agreement shall constitute conclusive evidence of the parties' intent that the obligations in the nature of maintenance and support are not dischargeable under current bankruptcy law or under any amendment thereto and 16 ?6 the parties agree to consent to any motion filed requesting that the bankruptcy courts abstain from deciding the dischargeability of the obligations in order to allow the appropriate Court of Common Pleas to rule upon this issue. 17. COUNSEL FEES AND COSTS. Husband and Wife each agree to be responsible for their own attorney's fees and costs incurred with respect to the negotiation and drafting of this Marital Settlement Agreement and the divorce proceedings related thereto. 18. MODIFICATION. No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 19. SEVERABHJTY. If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 20. BREACH. If either party breaches any provision of this Agreement, the other party shall have the following rights and remedies, at his or her election, all of which shall be deemed to be cumulative and not in the alternative, unless said cumulative effect would have an inconsistent result or would result in a windfall of the other party: a. SMific Performance: The right to specific performance of the terms of this Agreement, in which event the non-breaching party shall be reimbursed for all reasonable attorney's fees and costs incurred as the result of said breach and in bringing the action for specific performance. b. Damages: The right to damages arising out of breach of the terms of this Agreement, which damages shall include reimbursement of all reasonable attorney's fees and costs incurred as the result of the breach and in bringing the damage action. C. Divorce Code Remedies: The right to all remedies set forth in Section 3502(e) of the Pennsylvania Divorce Code, 23 Pa.C.S.A. Section 3502(e), and any additional rights and remedies that may hereafter be enacted by virtue of the amendment of 17 l? said statute or replacement thereof by any other similar laws. d. Other Remedies: Any other remedies provided for in law or in equity. C. Considerations for Reasonable Attorneys Fees: Any award of "reasonable attorneys fees" as used in this paragraph shall be based on consideration of (1) the hourly rate charged; (2) the services rendered; and (3) the necessity of the services rendered. Determination of reasonableness shall not take into consideration the amount or nature of the obligation sought to be enforced or any possibility of settlement for less than the obligation sought to be enforce by the non-breaching party. 21. WAIVER OF BREACH. The waiver by one party of any breach of this Agreement by the other party will not be deemed a waiver of any other breach or any provision of this Agreement. 22. APPLICABLE LAW. All acts contemplated by this Agreement shall be construed and enforced under the substantive laws of the Commonwealth of Pennsylvania (without regard to the conflict of law rules applicable in Pennsylvania) in effect as of the date of execution of this Agreement. 23. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they do so on the same date, or if not on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. 24. EFFECTIVE DATE. This Agreement shall become effective and binding upon both parties on the execution date. 25. EFFECT OF RECONCILIATION. COHABITATION OR DIVORCE. This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect a reconciliation, cohabit as husband and wife or attempt to effect a reconciliation. This Agreement also shall continue in full force and effect in the event of the parties' divorce. There 18 ? 2i shall be no modification or waiver of any of the terms hereof unless the parties in writing execute a statement declaring this Agreement or any term of this Agreement to be null and void. 26. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 27. AGREEMENT BINDING ON PARTIES AND HEIRS. This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties. 28. ENTIRE AGREEMENT. Each party acknowledges that he or she has carefully read this Agreement; that he or she has sought sufficient legal advice from legal counsel of his or her own choice, if any, and has executed it voluntarily and in reliance upon his or her own attorney, if any; and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover and supersedes any and all prior agreements between the parties. This Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties. 29. MUTUAL COOPERATION. Each party shall, on demand, execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiary designations, tax returns, and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on demand to comply with these provisions, that party shall pay to the other party all attorney's fees, costs, and other expenses actually incurred as a result of such failure. 19 x 44 3, v ' , 30. AGREEMENT NOT TO BE MERGED. This Agreement may be incorporated into a decree of divorce for purposes of enforcement only, but otherwise shall not be merged into said decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or released. 31. BINDING EFFECT. BY SIGNING THIS AGREEMENT, EACH PARTY ACKNOWLEDGES HAVING READ AND UNDERSTOOD THE ENTIRE AGREEMENT, AND EACH PARTY ACKNOWLEDGES THAT THE PROVISIONS OF THIS AGREEMENT SHALL BE AS BINDING UPON THE PARTIES AS IF THEY WERE ORDERED BY THE COURT AFTER A FULL HEARING. IN WITNESS WHEREOF, and intending to be legally bound hereby, the parties hereto have hereunto set their hands and seals the day and year first above written. h tk A N 0 11 i 4W X4 V AIM ss V- T TNESs C ANTOI`lIA V-tOUDERMILK DANIEL M. LOUDERMILK 20 a-L COMMONWEALTH OF PENNSYLVANIA COUNTY OF C A WIA/ On this day of 2009, before me, the undersigned officer, personally appeared ANTONIA E. LOUDERMILK, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that she executed the same for the purposes therein contained. M0 -I - Aft WAM 1 1?&ftM elmomm "OWN low ftw"Oft"W-ft 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF JA?A No Public On this day of 2009, before me, the undersigned officer, personally appeared DANIEL M. LOUDERMILK, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. iftesomma Nrr t!? OWN lei 21 MrA1MR NIMMI A NJIry Public IIM/MII "M?Mp ?IIN?I ? Zr (Lc FILED-0 FACE CF THE P + J j H.o,:.JTAAY 2004 OCT -2 Ph 2: 54 M?IMMr A ilk N ?1t - D DANIEL M. LOUDERMILK, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 08 - 5505 CIVIL ANTONIA E. LOUDERMILK, : CIVIL ACTION - LAW Defendant : DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Kindly transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. The ground for divorce is irretrievable breakdown under Section 3301 (c) of the Divorce Code. 2. The Complaint for Annulment was filed on September 17, 2008 and an Answer with a claim for a Divorce under Section 3301 (c) of the Divorce Code was filed on December 22, 2008. 3. Date and manner of Service of the Complaint for Annulment: October 8, 2008, by Acceptance of Service to Linda A. Clotfelter, Esquire, filed on October 2, 2009. 4. The Plaintiffs Affidavit of Consent was executed by the Plaintiff on August 7, 2009, and filed on August 11, 2009. The Defendant's Affidavit of Consent was executed on August 10, 2009, and filed on September 9, 2009. 5. Plaintiff executed a Waiver of Notice of Intention to Request Entry of a Divorce Decree under 3301 (c) of the Divorce Code on August 7, 2009, and said waiver was filed on August 11, 2009. Defendant executed a Waiver of Notice of Intention to Request Entry of a Divorce Decree under 3301 (c) of the Divorce Code on August 10, 2009, and said waiver was filed on September 9, 2009. 6. There are no related claims pending. The parties have resolved all related issues by written Marital Settlement Agreement dated August 10, 2009, which will be incorporated into the Divorce Decree as per Paragraph 30 on page 20 of the Agreement. Respectfully submitted, Date: LAW FIRM OF LINDA A. CLOTFELTER Linda A. Clotfelter, Esquire / orney I.D. No. 72963 v 5021 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile FILED-CWFICE OF THE Mll- C?NOTARY 2009 OCT -2 PM 2: 56 CUM1 ti ? ?jUNTY A15MSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DANIEL M. LOUDERMILK V. ANTONIA E. LOUDERMILK DIVORCE DECREE kof AND NOW, , it is ordered and decreed that DANIEL M. LOUDERMILK plaintiff, and ANTONIA E. LOUDERMILK , 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.") AND IT IS FURTHER ORDERED that the terms of the parties' Marital Settlement Agreement dated August 10, 2009, shall be incorporated herein, but not merged, for the purposes of enforcement only, as per paragraph 30 on page 20 of the Marital Settlement Agreement. e Court, NO. 08-5505 Attest: J. rothonotary ?o ma i &,rC -1. A44, L. OL4 P? ?? ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT 08-5505 CIVIL State Commonwealth of Pennsylvania 496110578 OOriginal Order/Notice Co./City/Dist. of CUMBERLAND 2 S 2009 X@AmendedOrder/Notice Date of Order/Notice 10/16/09 OTerminate Order/Notice Case Number (See Addendum for case summary) OOne-Time Lump Sum/Notice RE:LOUDERMILK, DANIEL M. Employer/withholder's Federal EIN Number Employee/Obligor's Name (Last, First, MI) 558-85-1491 Employee/Obligor's Social Security Number RITE AID CORPORATION* PO BOX 3165 0476102070 Employee/Obligor's Case Identifier HARRISBURG PA 17105-3165 (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. $ 1,208.00 per month in current child support $ 40.00 per month in past-due child support Arrears 12 weeks or greater? (.v yes 0 no $ 0.00 per month in current medical support $ 0.00 per month in past-due medical support $ 1,333.62 per month in current spousal support $ 50.00 per month in past-due spousal support $ 0.00 per month for genetic test costs $ o . oo per month in other (specify) $ one-time lump sum payment for a total of $ 2,631.62 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: $ 607.30' per weekly pay period. $ 1, 315.81 per semimonthly pay period 1214.5 9 (twice a month) $ per biweekly pay period (every two weeks) $ 2, 631.62 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). Pennsylvania law (23 PA C.S. § 4374(b)) requires remittance by an electronic payment method if an employer is ordered to withhold income from more than one employee and employs 15 or more persons, or if an employer has a history of two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURI Y NUMBER IN OR R TO BE PROCESSED. DO NOT SEND CASH BY MAIL. to BY THE COURT: DRO: R.J. Shadday Service Type M OMB No.: 0970-0154 vin A. Hess, Judge Form EN-028 Rev.5 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS If heckefl you are required to provide a opy of this form to your m loyee. If yo?1 r employee works in a state that is di Brent 1trom the state that issued this or?er, a copy must be provic?edpto your employee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 2319406520 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : I-3 THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: ID EMPLOYEE'S/OBLIGOR'S NAME:LOUDERMILK, DANIEL M. EMPLOYEE'S CASE IDENTIFIER: 0476102070 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: FINAL PAYMENT AMOUNT: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) (15 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks : If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Rev.5 Service Type M OMB No.: 0970-0154 Worker ID $ IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: LOUDERMILK, DANIEL M. PACSES Case Number 496110578 PACSES Case Number 870110754 Plaintiff Name Plaintiff Name ANTONIA E. LOUDERMILK ANTONIA E. LOUDERMILK Docket Attachment Amount Docket Attachment Amount 00002 S 2009 $ 1,248.00 08-5505 CIVIL$ 1,383.62 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB ERIK A. LOUDERMILK 03/21/00 RICARDO L. LOUDERMILK 03/21/00 PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Addendum Form EN-028 Rev.5 Service Type M OMB No.: 0970-0154 Worker I D $ IATT t rl iJ 4 2009 OCT 19 PN 2: `i 0 DANIEL M. LOUDERMILK, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 08-5505 CIVIL TERM ANTONIA E. LOUDERMILK, IN DIVORCE Defendant/Petitioner PACSES CASE: 870110754 ORDER OF COURT AND NOW to wit, this 21 st day of October, 2009, it is hereby Ordered that the Alimony Pendente Lite is terminated, effective October 6, 2009, pursuant to the parties' Marital Settlement Agreement of August 10, 2009 and the Divorce Decree of October 6, 2009. There is a remaining balance of $4,189.20 on the Alimony Pendente Lite account and is to be paid off at a rate of $50.00 per month. 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. BY THE COURT: * /v K n A. Hess, J. DRO: R.J. Shadday xc: Petitioner Respondent Linda A. Clotfelter, Esq. Form OE-001 Service Type: M Worker: 21005 FI4 ')r eCE OF THE Pr- r'7 ;nl"OTAPY 2H9 OCT 21 PM 2:1 i ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT 08-5505 CIVIL OOriginal Order/Notice State Commonwealth of Pennsylvania 496110578 Co./City/Dist. of CUMBERLAND 2 S 2009 OAmended order/Notice Date of Order/Notice 10/21/09 OTerminate Order/Notice Case Number (See Addendum for case summary) OOne-Time Lump Sum/Notice RE:LOUDERMILK, DANIEL M. EmployerAA/ithholder's Federal EIN Number Employee/Obligor's Name (Last, First, MI) 558-85-1491 Employee/Obligor's Social Security Number RITE AID CORPORATION* 0476102070 PO BOX 3165 Employee/Obligor's Case Identifier HARRISBURG PA 17105-3165 (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. $ 1,208.00 per month in current child support $ 40.00 per month in past-due child support Arrears 12 weeks or greater? ®yes O no $ 0.00 per month in current medical support $ o . oo per month in past-due medical support $ 1,092.00 per month in current spousal support $ 50 . oo per month in past-due spousal support $ 0.00 per month for genetic test costs $ o . oo per month in other (specify) $ one-time lump sum payment for a total of $ 2,390.00 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: $ 551.54 per weekly pay period. $ 1, 195.00 per semimonthly pay period (twice a month) $ 1103.08 _ per biweekly pay period (every two weeks) $ 2, 390. 00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). Pennsylvania law (23 PA C.S. § 4374(b)) requires remittance by an electronic payment method if an employer is ordered to withhold income from more than one employee and employs 15 or more persons, or if an employer has a history of two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECU UMBER IN 0 DE 0 BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: Kevin A. Hess, Judge DRO: R.J. Shadday Form EN-028 Rev.5 Service Type M OMB No.: 0970-0154 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS If heck you are required to pr vide a opy of this form to your mployee. If yo r employee orks in a state that is diferent from the state that issued this order, a copy must be provideed to your emproyee even if We box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 2319406520 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : 0 THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 0 EMPLOYEE'S/OBLIGOR'S NAME:LOUDERMILK, DANIEL M. EMPLOYEE'S CASE IDENTIFIER: 0476102070 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: FINAL PAYMENT AMOUNT, NEW EMPLOYER'S NAME/ADDRESS- 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employeelobligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employeelobligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) 0 5 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks : If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT 13 N HANOVER ST 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 ADDENDUM Summary of Cases on Attachment Defendant/Obligor: LOUDERMILK, DANIEL M. PACSES Case Number 496110578 Plaintiff Name ANTONIA E. LOUDERMILK Docket Attachment Amount 00002 S 2009 $ 1,248.00 Child(ren)'s Name(s): DOB ERIK,.A. LOUDERMILK 03/21,/00 121OA42DC? L. L4YJD (ILK 03/21/.00. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Service Type M Addendum OMB No.: 0970-0154 PACSES Case Number 870110754 Plaintiff Name ANTONIA E. LOUDERMILK Docket Attachment Amount 08-5505 CIVIL$ 1,142.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Form EN-028 Rev.5 Worker I D $ IATT 2 0 0 9 0 L' 1 22 F'd DANIEL M. LOUDERMILK, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 08-5505 CIVIL TERM ANTONIA E. LOUDERMILK, IN DIVORCE Defendant/Petitioner PACSES CASE: 870110754 ORDER OF COURT AND NOW to wit, this 2nd day of November, 2009, it is hereby Ordered that the Alimony Pendente Life account balance is given credit in the amount of $500.00 for a direct payment made by the Plaintiff/Respondent to the Defendant/Petitioner with check #1270 and dated September H, 2009. BY THE COURT: I* - ;Pt'- Ke A. Hess, J. DRO: R.J. Shadday xc: Petitioner Respondent Linda A. Clotfelter, Esq. Form OE-001 Service Type: M Worker: 21005 AlID -t:., "FIC OF THE PROTT T40TAAY 2009 NOV -2 PM 2: 49 IIJINTY PEININSY1 V PA ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dirt. of CUMBERLAND Date of Order/Notice 04/19/10 Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number RITE AID CORPORATION* PO BOX 3165 HARRISBURG PA 17105-3165 Employee/Obligor's Name (Last, First, MI) 558-85-1491 Employee/Obligor's Social Security Number 0476102070 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attadrment) Custodial Parent's Name (Last, First, Mp 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. $ 1,208.00 $ 0.00 $ 0.00 $ 0.00 $ 1,092.00 $ 50.00 $ 0.00 $ 0.00 per month in current child support per month in past-due child support per month in current medical support per month in past-due medical support per month in current spousal support per month in past-due spousal support per month for genetic test costs per month in other (specify) Arrears 12 weeks or greater? one-time lump sum payment for a total of $ 2,350.00 per month to be forwarded to payee below. ® ytaq (& no w K y M m © 3 D C' co ; rM cn 4 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: $ 542.31 per weekly pay period. $ 1, 175.00 per semimonthly pay period (twice a month) $ 1084.62 per biweekly pay period (every two weeks) $ 2, 350.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). Pennsylvania law (23 PA C.S. § 4374(b)) requires remittance by an electronic payment method if an employer is ordered to withhold income from more than one employee and employs 15 or more persons, or if an employer has a history of two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIALS URITY UM R IN 010ft TO BE PROCESSED. DO NOT SEND CASH BY MAIL. V _ . 1. It I.- BY THE COURT: DRO: R.J. Shadday M. L. Ebert, Jr., Service Type M OMB No.: 0970-0154 08-5505 CIVIL OOriginal Order/Notice 496110578 OAmended Order/Notice 2 S 2009 OTerminate Order/Notice OOne-Time Lump Sum/Notice RE: LOUDERMILK, DANIEL M. Form EN-028 Rev.5 Worker ID 21205 ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS if heck you are required to provide a opy of this form to your mployee. If yo r employee works in a state that is diferent from the state that issued this o er, a copy must be provi?ed to your empYoyee even if the box is not checked 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the 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. 2319406520 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : M THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 0 EMPLOYEE'S/OBLIGOR'S NAME:LOUDERMILK, DANIEL M. EMPLOYEE'S CASE IDENTIFIER: 0476102070 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: FINAL PAYMENT AMOUNT- NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9. * Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) 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 CARLISLE PA 17013 by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Rev.5 Service Type M OMS No,: 0970-0154 Worker ID 21205 ADDENDUM Summary of Cases on Attachment Defendant/Obligor: LOUDERMILK, DANIEL M. PACSES Case Number 496110578 Plaintiff Name ANTONIA E. LOUDERMILK Docket Attachment Amount 00002 S 2009 $ 1,208.00 Child(ren)'s Name(s): DOB ERIK A. LOUDERMILK 03/21/00 RICARDO L. LOI'IDLRM:ILK 03/21/00 PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB DOB PACSES Case Number 870110754 Plaintiff Name ANTONIA E. LOUDERMILK Docket Attachment Amount 08-5505 CIVIL$ 1,142.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Service Type M Addendum Form EN-028 Rev.5 OMB No.: 0970-0154 Worker ID 21205 INCOME WITHHOLDING FOR SUPPORT Q ORIGINAL INCOME WITHHOLDING ORDERINOTICE FOR SUPPORT (IWO) rci la l l S -7 2 Q AMENDED IWO LJ0q Q ONE-TIMEORDER/NOTICE FOR LUMP SUM PAYMENT (:) TERMINATION OF IWO 02 Date: 02110/12 ? Child Support Enforcement (CSE) Agency ® Court ? Attorney ? Private Individual/Entity (Check One) NOTE: This IWO r*tS ht regular on its face. Under certain circumstances you must reject this IWO and return it to the sender (see IWO instructions http•//www act hhs gov/programs/cse/newhire/employer/publication/publication.htm - forms). If you receive this document from someone other than a State or Tribal CSE agency or a Court, a copy of the underlying order must be attached. StatefrribefTerritory Commonwealth of Pennsylvania Remittance Identifier (include w/paymem): uaroiyzvrv City/County/Dist.[Tribe CUMBERLAND Order Identifier: (See Addendum for order/docket informafton) Private Individual/Entity CSE Agency Case Identifier: (See Addendum for case summary) RITE AID PO BOX 3165 HARRISBURG PA 17105-3165 Employer/Income Withholder's FEIN 231614034 Child(ren)'s Name(s) (Last, First, Middle) Child(ren)'s Birth Date(s) RE: LOUDERMILK, DANIEL M. Employee/Obligor's Name (Last, First, Middle) 558-85-1491 Employee/Obligor's Social Security Number (See Addendum for plaintiff names associated with cases on attachment) Custodial Party/Obligee's Name (Last, First, Middle) NOTE: This IWO must be regular on its face. Under certain circumstances you must reject this IWO and return it to the sender (see IWO instructions http7//1Nww act hhs gov/programs/cse/newhire/ employer/publicationtpublication.htm - formsl. If you receive this document from someone other than a State or Tribal CSE agency or a Court, a copy of the underlying order must be attached, 2316140340 See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This document is based on the support or withholding order from CUMBERLAND County, Commonwealth of Pennsylvania (State/Tribe). You are required by law to deduct these amounts fl?n the err)ployee/ obligor's income until further notice.' $ 1,208.00 per month in current child support nCO M" -71 $ 0.00 per month in past-due child support - Arrears 12 weeks or greater? O 1 ? 0 $ 0.00 per month in current cash medical support r -? $ 0.00 per month in past-due cash medical support c: a $ 1,092.00 per month in current spousal support ° ?s $ 50.00 per month in past-due spousal support ACC) = z- ? $ 0.00 per month in other (must specify) N CD rT,l for a Total Amount to Withhold of $ 2,350.00 per month. AMOUNTS TO WITHHOLD: You do not have to vary your pay cycle to be in compliance with the Order Information. If your pay cycle does not match the ordered payment cycle, withhold one of the following amount: per weekly pay period. $ 1,175.00 per semimonthly pay period (twice a month) $ it) $y, C.? per biweekly pay period (every two weeks) $ 2,350.00 per monthly pay period. $ Lump Sum Payment: Do not stop any existing IWO unless you receive a termination order. REMITTANCE INFORMATION: If the employee/obligor's principal place of employment is CUMBERLAND County, Commonwealth of Pennsylvania (State/Tribe), you must begin withholding no later than the first pay period that occurs ten X10) working days after the date of this Order/Notice. Send payment within even 7 working days of the pay date. If you cannot withhold the full amount of support for any or all orders for this employee/obligor, withhold up to 550/0 of disposable income for all orders. If the employee/obligor's principal place of employment is not CUMBERLAND County, Commonwealth of Pennsylvania (State/Tribe), obtain withholding limitations, time requirements, and any allowable employer fees at http://www act hhs gov/programs/cse/newhire/employer/contacts/ contact map.htm for the employee/obligor's principal place of employment. Document Tracking Identifier OMB No.: 0970-0154 Form EN-028 01/12 Service -"-ype M Worker ID $IATT ? Return to Sender [Completed by Employer/Income Withholder]. Payment must be directed to an SDU in accordance with 42 USC §666(b)(5) and (b)(6) or Tribal Payee (see Payments to SDU below). If payment is not directed to an SDU/Tribal Payee or this IWO is not regular on its face, you must check this box and return the IWO to the sender. N_ _.1 r, . k Signature of Judge/Issuing Official (if required by State or Tribal law): .1\ `" x Print Name of Judge/Issuing Official: ML Eb" Jr. Title of Judge/Issuing Official: Date of Signature: FEB 1 3 2012 If the employee/obligor works in a State or for a Tribe that is different from the State or Tribe that issued this order, a copy of this IWO must be provided to the employee/obligor. ? If checked, the employer/income withholder must provide a copy of this form to the employee/obligor. ADDITIONAL INFORMATION FOR EMPLOYERS/INCOME WITHHOLDERS Pennsylvania law (23 PA C.S. § 4374(b)) requires remittance by an electronic payment method if an employer is ordered to withhold income from more than one employee and employs 15 or more persons, or if an employer has a history of two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER /D (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. State-specific contact and withholding information can be found on the Federal Employer Services website located at: http://www acf hhs aov/programs/cse/"newhire/employer/contacts/contact map htm Priority: Withholding for support has priority over any other legal process under State law against the same income (USC 42 §666(b)(7)). If a Federal tax levy is in effect, please notify the sender. Combining Payments: When remitting payments to an SDU or Tribal CSE agency, you may combine withheld amounts from more than one employee/obligor's income in a single payment. You must, however, separately identify each employee/ obligor's portion of the payment. Payments To SDU: You must send child support payments payable by income withholding to the appropriate SDU or to a Tribal CSE agency. If this IWO instructs you to send a payment to an entity other than an SDU (e.g., payable to the custodial party, court, or attorney), you must check the box above and return this notice to the sender. Exception: If this IWO was sent by a Court, Attorney, or Private Individual/Entity and the initial order was entered before January 1, 1994 or the order was issued by a Tribal CSE agency, you must follow the "Remit payment to" instructions on this form. Reporting the Pay Date: You must report the pay date when sending the payment. The pay date is the date on which the amount was withheld from the employee/obligor's wages. You must comply with the law of the State (or Tribal law if applicable) of the employee/obligor's principal place of employment regarding time periods within which you must implement the withholding and forward the support payments. Multiple IWOs: If there is more than one IWO against this employee/obligor and you are unable to fully honor all IWOs due to Federal, State, or Tribal withholding limits, you must honor all IWOs to the greatest extent possible, giving priority to current support before payment of any past-due support. Follow the State or Tribal law/procedure of the employee/obligor's principal place of employment to determine the appropriate allocation method. Lump Sum Payments: You may be required to notify a State or Tribal CSE agency of upcoming lump sum payments to this employee/obligor such as bonuses, commissions, or severance pay. Contact the sender to determine if you are required to report and/or withhold lump sum payments. Liability: If you have any doubts about the validity of this IWO, contact the sender. If you fail to withhold income from the employee/obligor's income as the IWO directs, you are liable for both the accumulated amount you should have withheld and any penalties set by State or Tribal law/procedure. Anti-discrimination: You are subject to a fine determined under State or Tribal law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against an employee/obligor because of this IWO. OMB Expiration Date - 05/31/2014. The OMB Expiration Date has no bearing on the termination date of the IWO; it identifies the version of the form currently in use. Form EN-028 01 /12 Service Type M Page 2 of 3 Worker ID $IATT Employer's Name: RITE AID Employer FEIN: 231614034 Employee/Obligor's Name: LOUDERMILK, DANIEL M. 0476102070 CSE Agency Case Identifier: (See Addendum for case summa rvl Order Identifier: (See Addendum for order/docket information) Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) (15 U.S.C. 1673(b)); or 2) the amounts allowed by the State or Tribe of the employee/obligor's principal place of employment (see REMITTANCE INFORMATION). Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; statutory pension contributions; and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family. However, those limits increase 5% - to 55% and 65% - if the arrears are greater than 12 weeks. If permitted by the State or Tribe, you may deduct a fee for administrative costs. The combined support amount and fee may not exceed the limit indicated in this section. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers/income withholders who receive a State IWO, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer/income withholder is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State or Tribal law, you may need to also consider the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. Arrears greater than 12 weeks? If the Order Information does not indicate that the arrears are greater than 12 weeks, then the Employer should calculate the CCPA limit using the lower percentage. Additional Information: NOTIFICATION OF EMPLOYMENT TERMINATION OR INCOME STATUS: If this employee/obligor never worked for you or you a no longer withholding income for this employee/obligor, an employer must promptly notify the CSE agency and/or the sender by returning this form to the address listed in the Contact Information below: 2316140340 O This person has never worked for this employer nor received periodic income. Q This person no longer works for this employer nor receives periodic income. Please provide the following information for the employee/obligor: Termination date: Last known phone number: Last known address: Final Payment Date To SDU/Tribal Payee: New Employer's Name: New Employer's Address: Final Payment Amount: CONTACT INFORMATION: To Employer/Income Withholder: If you have any questions, contact WAGE ATTACHMENT UNIT (Issuer name) by phone at (717) 240-6225, by fax at (717) 240-6248, by email or website at: www.childsupport.state.Da.us. Send termination/income status notice and other correspondence to: DOMESTIC RELATIONS SECTION, 13 N. HANOVER ST. P.O. BOX 320, CARLISLE PA 17013 (Issuer address). To Employee/Obligor: If the employee/obligor has questions, contact WAGE ATTACHMENT UNIT (Issuer name) by phone at (717) 240-6225, by fax at (717) 240-6248, by email or website at www.childsupport.state.pa.us. IMPORTANT: The person completing this form is advised that the information may be shared with the employee/obligor. Service Type M OMB No.: 0970-0154 Paqe 3 of 3 Form EN-028 01/12 Workp.r ID SIATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: LOUDERMILK, DANIEL M. PACSES Case Number 496110578 Plaintiff Name ANTONIA E. LOUDERMILK Docket Attachment Amount 00002 S 2009 $ 1,208.00 Child(ren)'s Name(s): DOB ERIKA. LOUDERMILK 03121/00 RICARDO L. LOUDERMILK 03/21/00 PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Service Type M PACSES Case Number 870110754 Plaintiff Name ANTONIA E. LOUDERMILK Docket Attachment Amount 08-5505 CIVIL $ 1,142.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachmen $ Child(ren)'s Name(s): t Amount 0.00 DOB PACSES Case Number Plaintiff Name Docket Attachme $ Child(ren)'s Name(s): nt Amount 0.00 DOB Addendum OMB No.'. 0970-0154 Form EN-028 01/12 Worker ID $IATT INCOME WITHHOLDING FOR SUPPORT O ORIGINAL INCOME WITHHOLDING ORDERMOTICE FOR SUPPORT (IWO) ` q Lo I 1 D S-] g O AMENDED IWO(? C O ONE-TIMEORDER/NOTICE FOR LUMP SUM PAYMENT Q TERMINATION OF IWO ? -?D I I L-7 5q- 0 X - 5505 CIVI Date: 02/13/12 ? Child Support Enforcement (CSE) Agency ® Court ? Attorney ? Private Individual/Entity (Check One) NOTE: This IWO must be regular on its face. Under certain circumstances you must reject this IWO and return it to the sender (see IWO instructions http://www.acf.hhs.gov/programs/cse/newhire/employer/publication/publication.htm - forms). If you receive this document from someone other than a State or Tribal CSE agency or a Court, a copy of the underlying order must be attached. State/Tribe/Territory Commonwealth of Pennsylvania Remittance Identifier (include w/payment): 0476102070 City/County/Dist./Tdbe CUMBERLAND Order Identifier: (See Addendum for order/docket informalton) Private Individual/Entity CSE Agency Case Identifier: (See Addendum for case summary) RITE AID CORPORATION" 200 NEWBERRY CMNS ETTERS PA 17319-9363 Employer/Income Withholder's FEIN 231940652 Child(ren)'s Name(s) (Last, First, Middle) Child(ren)'s Birth Date(s) RE: LOUDERMILK. DANIEL M Employee/Obligor's Name (Last, First, Middle) 558-85-1491 Employee/Obligor's Social Security Number (See Addendum for plaintiff names associated with cases on attachment) Custodial Party/Obligee's Name (Last, First, Middle) NOTE: This IWO must be regular on its face. Under certain circumstances you must reject this IWO and return it to the sender (see IWO instructions httto://www.acf.hhs.gov/ prarams/ese/newhire! employer/publication/publication.htm - forms!. If you receive this document from someone other than a State or Tribal CSE agency or a Court, a copy of the underlying order must be attached. 2319406520 See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This document is based on the support or withholding order from CUMBERLAND County, Commonwealth of Pennsylvania (State/Tribe). You are required by law to deduct these amounts from the employee/ obligor's income until further notice, n «.J $ 0.00 per month in current child support $ 0.00 per month in past-due child support - Arrears 12 weeks or greater? yew n; -T3 $ 0.00 per month in current cash medical support Zacs -ter $ 0.00 per month in past-due cash medical support $ 0.00 per month in current spousal support ?--Z -?t $ 0.00 per month in past-due spousal support $ 0.00 per month in other (must specify) =c = 0 for a Total Amount to Withhold of $ 0.00 per month. >I r 00 ac/ AMOUNTS TO WITHHOLD: You do not have to vary your pay cycle to be in compliance with the Order Information. If your pay cycle does not match the ordered payment cycle, withhold one of the following amount: $ 0.00 per weekly pay period. $ 0.00 per semimonthly pay period (twice a month) $ 0.00 per biweekly pay period (every two weeks) $ 0.00 per monthly pay period. $ Lump Sum Payment: Do not stop any existing IWO unless you receive a termination order. REMITTANCE INFORMATION: If the employee/obligor's principal place of employment is CUMBERLAND County, Commonwealth of Pennsylvania (State/Tribe), you must begin withholding no later than the first pay period that occurs ten (10) working days after the date of this Order/Notice. Send payment within seven 7 working days of the pay date. If you cannot withhold the full amount of support for any or all orders for this employee/obligor, withhold up to 55% of disposable income for all orders. If the employee/obligor's principal place of employment is not CUMBERLAND County, Commonwealth of Pennsylvania (State/Tribe), obtain withholding limitations, time requirements, and any allowable employer fees at http://www acf hhs ov/programs/cse/newhire/employer/contacts/ contact map.htm for the employee/obligor's principal place of employment. Document Tracking Identifier OMB No.: 0970-0154 Form EN-028 01/12 Service Type M Worker ID $IATT ? Return to Sender [Completed by Employer/Income Withholder]. Payment must be directed to an SDU in accordance with 42 USC §666(b)(5) and (b)(6) or Tribal Payee (see Payments to SDU below). If payment is not directed to an SDU/Tribal Payee or this IWO is not regular on its face, you must check this box and return the IWO to the sender. V.. r - t Signature of Judge/issuing Official (if required by State or Tribal law): R• Print Name of Judge/Issuing Official: M.L. Title of Judge/Issuing Official: N-f Date of Signature: VU a 2012 If the employee/obligor works in a State or for a Tribe that is different from the State or Tribe that issued this order, a copy of this IWO must be provided to the employee/obligor. ? If checked, the employer/income withholder must provide a copy of this form to the employee/obligor. ADDITIONAL INFORMATION FOR EMPLOYERSIINCOME WITHHOLDERS Pennsylvania law (23 PA C.S. § 4374(b)) requires remittance by an electronic payment method if an employer is ordered to withhold income from more than one employee and employs 15 or more persons, or If an employer has a history of two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Emp/oyealObligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. State-specific contact and withholding information can be found on the Federal Employer Services website located at: httg://www acf hhs gov/programs/cse/newhire/employer/cgntactalcontagA map htm Priority: Withholding for support has priority over any other legal process under State law against the same income (USC 42 §666(b)(7)). If a Federal tax levy is in effect, please notify the sender. Combining Payments: When remitting payments to an SDU or Tribal CSE agency, you may combine withheld amounts from more than one employee/obligor's income in a single payment. You must, however, separately identify each employee/ obligor's portion of the payment. Payments To$DLU You must send child support payments payable by income withholding to the appropriate SDU or to a Tribal CSE agency"" this IWO instructs you to send a payment to an entity other than an SDU (e.g., payable to the custodial party, court, or attatrlir?, you must check the box above and return this notice to the sender. Exception: If this IWO was sent by a Court, Attorney; fit.. Private Individual/Entity and the initial order was entered before January 1, 1994 or the order was issued by a TTibal QRE agency, you must follow the "Remit payment to" instructions on this form. Reporting the Pay Duke: You must report the pay date when sending the payment. The pay date is the date on which the amount was withheld from the employee/obligor's wages. You must comply with the law of the State (or Tribal law if applicable) of the employee/obligor's principal place of employment regarding time periods within which you must implement the withholding and'forward the support payments. Multiple IWOs: If there is more than one IWO against this employee/obligor and you are unable to fully honor all IWOs due to Federal, State, or Tribal withholding limits, you must honor all IWOs to the greatest extent possible, giving priority to current support before payment of any past-due support. Follow the State or Tribal law/procedure of the employee/obligor's principal place of employment to determine the appropriate allocation method. Lump Sum Payments: You may be required to notify a State or Tribal CSE agency of upcoming lump sum payments to this employee/obligor such as bonuses, commissions, or severance pay. Contact the sender to determine if you are required to report and/or withhold lump sum payments. Liability: If you have any doubts about the validity of this IWO, contact the sender. If you fail to withhold income from the employee/obligor's income as the IWO directs, you are liable for both the accumulated amount you should have withheld and any penalties set by State or Tribal law/procedure. Anti-discrimination: You are subject to a fine determined under State or Tribal law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against an employee/obligor because of this IWO. OMB Expiration Date - 05/31/2014. The OMB Expiration Date has no bearing on the termination date of the IWO; it identifies the version of the form currently in use. Form EN-028 01/12 Service Type M Page 2 of 3 Worker ID $IATT Employer's Name: RITE AID CORPORATION' Employer FEIN: 231940652 Employee/Obligor's Name: LOUDERMILK, DANIEL M. 0476102070 CSE Agency Case Identifier: (See Addendum for case summary Order Identifier: (See Addendum for order/docket Information) Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) (15 U.S.C. 1673(b)); or 2) the amounts allowed by the State or Tribe of the employee/obligor's principal place of employment (see REMITTANCE INFORMATION). Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; statutory pension contributions; and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family. However, those limits increase 5% - to 55% and 65% - if the arrears are greater than 12 weeks. If permitted by the State or Tribe, you may deduct a fee for administrative costs. The combined support amount and fee may not exceed the limit indicated in this section. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers/income withholders who receive a State IWO, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer/income withholder is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State or Tribal law, you may need to also consider the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. Arrears greater than 12 weeks? If the Order Information does not indicate that the arrears are greater than 12 weeks, then the Employer should calculate the CCPA limit using the lower percentage. Additional Information: NOTIFICATION OF EMPLOYMENT TERMINATION OR INCOME STATUS: If this employee/obligor never worked for you or you no longer withholding income for this employee/obligor, an employer must promptly notify the CSE agency and/or the sender by returning this form to the address listed in the Contact Information below: 2319406520 Q This person has never worked for this employer nor received periodic income. O This person no longer works for this employer nor receives periodic income. Please provide the following information for the employee/obligor: Termination date: Last known address: Final Payment Date To SDU/Tribal Payee: New Employer's Name: New Employer's Address: Last known phone number: Final Payment Amount: CONTACT INFORMATION: To Employer/Income Withholder: If you have any questions, contact WAGE ATTACHMENT UNIT (Issuer name) by phone at (717) 240-6225, by fax at (717) 240-6248, by email or website at: www.childsupportstate pa us. Send termination/income status notice and other correspondence to: DOMESTIC RELATIONS SECTION, 13 N. HANOVER ST. P.O. BOX 320, CARLISLE PA 17013 (Issuer address). To Employee/Obligor. If the employee/obligor has questions, contact WAGE ATTACHMENT UNIT (Issuer name) by phone at (717) 240-6225, by fax at 717) 240-6248, by email or website at www childsupoortstate pa us. IMPORTANT: The person completing this form is advised that the information may be shared with the employee/obligor. Service Type M OMB No.: 0970-0154 Page 3 of 3 Form EN-028 01/12 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: LOUDERMILK, DANIEL M. PACSES Case Number 496110578 ANTONIA E. LOUDERMILK 00002 S 2009 $ 0.00 Child(ren)'s Name(s): DOB ERIKA. LOUDERMILK 03/21/00 RICARDO L. LOUDERMILK 03/21/00 PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Cog Number 870110754 Plaintiff Name ANTONIA E. LOUDERMILK [docket Attachment Amount 08-5505 CIVIL $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Addendum Form EN-028 01/12 Service Type M OMB No.: 0970-0154 Worker ID $IATT • Q ORIGINAL INCOME WITHHOLDING ORDER/NOTICE FOR SUPPORT (IWO) Q AMENDED IWO b� S� Q TERMINATION OF IWO 1 o ONE-TIMEORDER/NOTICE FOR LUMP SUM PAYMENT DS - SSOS 6 t INCOME WITHHOLDING FOR SUPPORT citP 1 lb 51S Ot Date: 11/18/14 ❑ Child Support Enforcement (CSE) Agency tg Court 0 Attomey 0 Private Individual/Entity (Check One) NOTE: This IWO must be regular on its face. Under certain circumstances you must reject this IWO and return it to the sender (see IWO instructions http://www.acf.hhs.gov/programs/cse/forms/OMB-0970-0154 instructions.pdf). If you receive this document from someone other than a State or Tribal CSE agency or a Court, a copy of the underlying order must be attached. State/Tribe/Territory Commonwealth of Pennsylvania City/County/Dist.fTribe CUMBERLAND Private Individual/Entity • Remittance Identifier (include w/payment): 0476102070 Order Identifier: (See Addendum for order/docket Information) CSE Agency Case Identifier: (See Addendum for case summary) RITE AID CORPORATION* 200 NEWBERRY CMNS ETTERS PA 17319-9363 Employer/Income Withholders FEIN 231940652 Child(ren)'s Name(s) (Last, First, Middle) Child(ren)'s Birth Date(s) RE: LOUDERMILK, DANIEL M. Employee/Obligor's Name (Last, First, Middle) 558-85-1491 Employee/Obligor's Social Security Number (See Addendum for plaintiff names associated with cases on attachment) Custodial Party/Obligee's Name (Last, First, Middle) NOTE: This IWO must be regular on its face. Under certain circumstances you must reject this IWO and return it to the sender (see IWO instructions http://www.acf.hhs.gov/programs/cse/forms/ OMB -0970-0154 instructions.odfl• If you receive this document from someone other than a State or Tribal CSE agency or a Court, a copy of the underlying order must be attached. 2319406520 See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION This document is based on the support or withholding order from CUMBERLAND County, Commonwealth of Pennsylvania (State/Tribe). You are required by law to deduct these amounts from the employee/ obligor's income until further notice. c-.) ,,,, $ 1,208.00 per month in current child support $ 0.00 per month in past -due child support - Arrears 12 weeks or greater? 0 yes o : -�- ; te $ . 0.00 per month in current cash medical support . r= $ 0.00 per month in past -due cash medical support �p �; $ 0.00 per month in current spousal support r- 7,,.. 7--1c- CD $ 0.00 per month in past -due spousal support >-V V r`:; -71 $ 0.00 per month in other (must specify) D; for a Total Amount to Withhold of $ 1,208.00 per month." =:l --< cr' AMOUNTS TO WITHHOLD: You do not have to vary your pay cycle to be in compliance with the Order Information. If your pay cycle does not match the ordered payment cycle, withhold one of the following amount: $ ' 278.T7 per weekly pay period. $ 604.00 per semimonthly pay period (twice a month) $ . 557,64 -per biweekly pay period (every two weeks) $ 1,208.00 per monthly pay period. $ Lump Sum Payment: Do not stop any existing IWO unless you receive a termination order. REMITTANCE INFORMATION: If the employee/obligor's principal place of employment is within the Commonwealth of Pennsylvania (State/Tribe), you must begin withholding no later than the first pay period that occurs ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the pay date. If you cannot withhold the full amount of support for any or all orders for this employee/obligor, withhold up to 55% of disposable income for all orders. If the employee/obligor's principal place of employment is not within the Commonwealth of Pennsylvania (State/Tribe), the employer can obtain withholding limitations, time requirements, and any allowable employer fees at http://www.acf.hhs.gov/programs/cse/newhire/employer/contacts/contact map. htm for the employee/obligor's principal place of employment. Document Tracking Identifier Service Type M OMB No.: 0970-0154 Form EN -028 11/13 Worker ID $IATT ❑ Return to Sender [Completed by Employe /Income Withholder]. Payment must be directed to an SDU in accordance with 42 USC §666(b)(5) and (b)(6) o Tribal Payee (see Payments' to SDU below). If payment is not directed to an SDU/Tribal Payee or this IWO is not regular on its face, you must check this box and return the IWO to the sender. t Signature of Judge/Issuing Official (if required by Print Name of Judge/Issuing Official: Title of Judge/Issuing Official: Date of Signature: N(lv 1 9 7014 State or Tribal law): ti M.L. , bert; J If the employee/obligor works in a State or for a Tribe must be provided to the employee/obligor. ❑ If checked, the employer/income withholder must that is different from the State or Tribe that issued this order, a copy of this IWO provide a copy of this form to the employee/obligor. ADDITIONAL INFORMATION FOR EMPLOYERS/INCOME WITHHOLDERS Pennsylvania law (23 PA C.S. § 4374(b)) require remittance by an electronic payment method if an employer is ordered to withhold income from more than one employe and employs 15 or more persons, or if an employer has a history of two or more returned checks due to nonsufficieiit 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 EFENDANT'S NAME AND THE PA CSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SO IAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. State -specific contact and withholding information can be found on the Federal Employer Services website located at: http://www.acf.hhs.gov/proirams/cse/newhire/employer/contacts/contact_map.htm Priority: Withholding for support has priority over aiy other legal process under State law against the same income (USC 42 §666(b)(7)). If a Federal tax levy is in effect, please notify the sender. Combining Payments: When remitting payments o an SDU or Tribal CSE agency, you may combine withheld amounts from more than one employee/obligor's income in a single payment. You must, however, separately identify each employee/ obligor's portion of the payment. Payments To SDU: You must send child support payments payable by income withholding to the appropriate SDU or to a Tribal CSE agency. If this IWO instructs you to send a payment to an entity other than an SDU (e.g., payable to the custodial party, court, or attorney), you must check the box a ove and return this notice to the sender. Exception: If this IWO was sent by a' Court, Attorney, or Private Individual/Entity an the initial order was entered before January 1, 1994 or the order was issued by a Tribal CSE agency, you must follow th4 "Remit payment to" instructions on this form. Reporting the Pay Date: You must report the pay ate when sending the payment. The pay date is the date on which the amount was withheld from the employee/obligor's ages. You must comply with the law of the State (or Tribal law if applicable) of the employee/obligor's principal plac of employment regarding time periods within which you must implement the withholding and forward the support payments. Multiple IWOs: If there is more than one IWO agai st this employee/obligor and you are unable to fully honor all IWOs due to Federal,. State, or Tribal withholding limits, you mu t honor all IWOs to the greatest extent possible, giving priority to current support before payment of any past -due support. FbIlow the State or Tribal law/procedure of the employee/obligor's principal place of employment to determine the appropriate (location method. Lump Sum Payments: You may be required to no�ify a State or Tribal CSE agency of upcoming lump sum payments to this employee/obligor such as bonuses, commissions, r severance pay. Contact the sender to determine if you are required to report and/or withhold lump sum payments. Liability: If you have any doubts about the validity of this IWO, contact the sender. If you fail to withhold income from the employee/obligor's income as the IWO directs, you are liable for both the accumulated amount you should have withheld and any penalties set by State or Tribal law/procedure. Anti -discrimination: You are subject to a fine determined under State or Tribal law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against an employee/obligor because of this IWO. OMB Expiration Date — 05/31/2014. The OMB Expiration Date has no bearing or Service Type M the termination date of the IWO; it identifies the version of the form currently in use. Form EN -028 11/13 Page 2 of 3 Worker ID $(ATT Employer's Name: RITE AID CORPORATION* Employer FEIN: 231940652 Employee/Obligor's Name: LOUDERMILK, DANIEL M. 0476102070 CSE Agency Case Identifier: (See Addendum for case summary) Order Identifier: (See Addendum for order/docket information) Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) (15 U.S.C. 1673(b)); or 2) the amounts allowed by the State or Tribe of the employee/obligor's principal place of employment (see REMITTANCE INFORMATION). Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; statutory pension contributions; and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family. However, those limits increase 5% - to 55% and 65% - if the arrears are greater than 12 weeks. If permitted by the State or Tribe, you may deduct a fee for administrative costs. The combined support amount and fee may not exceed the limit indicated in this section. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers/income withholders who receive a State IWO, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer/income withholder is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State or Tribal law, you may need to also consider the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. Arrears greater than 12 weeks? If the Order Information does not indicate that the arrears are greater than 12 weeks, then the Employer should calculate the CCPA limit using the lower percentage. Additional Information: NOTIFICATION OF EMPLOYMENT TERMINATION OR INCOME STATUS: If this employee/obligor never worked for you or you are no longer withholding income for this employee/obligor, an employer must promptly notify the CSE agency and/or the sender by returning this form to the address listed in the Contact Information below: 2319406520 Q This person has never worked for this employer nor received periodic income. O This person no longer works for this employer nor receives periodic income. Please provide the following information for the employee/obligor: Termination date: Last known phone number: Last known address: Final Payment Date To SDU/Tribal Payee: Final Payment Amount: New Employer's Name: New Employer's Address: CONTACT INFORMATION: To Employer/Income Withholder: If you have any questions, contact WAGE ATTACHMENT UNIT (Issuer name) by phone at (717) 240-6225, by fax at (717) 240-6248, by email or website at: www.childsupport.state.pa.us. Send termination/income status notice and other correspondence to: DOMESTIC RELATIONS SECTION, 13 N. HANOVER ST. P.O. BOX 320, CARLISLE. PA. 17013 (Issuer address). To Employee/Obligor: If the employee/obligor has questions, contact WAGE ATTACHMENT UNIT (Issuer name) by phone at (717) 240-6225, by fax at (717) 240-6248, by email or website at www.childsupport.state.pa.us. IMPORTANT: The person completing this form is advised that the information may be shared with the employee/obligor. OMB No.: 0970-0154 Form EN -028 11/13 Service Type M Page 3 of 3 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: LOUdERMILK, DANIEL M. PACSES Case Number 496110578 Plaintiff Name ANTONIA E. LOUDERMILK Docket Attachment Amount 00002 S 2009 $ 1,208.00 Child(ren)'s Name(s): ERIK A. LOUDERMILK RICARDO L. LOUDERMILK PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 OB Child(ren)'s Name(s): 0 /21/00 6/21/00 PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): PACSES Case Number Plaintiff Name. Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 OB Child(ren)'s Name(s): Service Type M Addendum OMB No.: 0970-0154 Form EN -028 11/13 Worker ID $IATT