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HomeMy WebLinkAbout04-1921REAGER & ADLER, PC BY: DEBRA DENISON CANTOR ESQUIRE Attorney I.D. No. 66378 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Attorneys for Plaintiff KATHRYN C. HASKINS, Plaintiff V. DANIEL A. HASKINS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. Dy-1 ?ta? ct CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree of Divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the office of the Prothonotary at the Cumberland County Courthouse, 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. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 REAGER & ADLER, PC BY: DEBRA DENISON CANTOR ESQUIRE Attorney I.D. No. 66378 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Attorneys for Plaintiff KATHRYN C. HASKINS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. DANIEL A. HASKINS, Defendant NO. 0 41-iq•2.i CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(C) OR (D) OF THE DIVORCE CODE Plaintiff is Kathryn C. Haskins, an adult individual who currently resides at 2510 Arcona Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant is Daniel A. Haskins, an adult individual who currently resides at 1705 Elm Street, New Cumberland, Cumberland County, Pennsylvania 17070. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on September 29, 1984 in Clearfield County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Neither Plaintiff nor Defendant is in the military or naval services of the United States or its allies within the provisions of the Solders' & Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 7. Plaintiff avers that there is one child of this marriage under the age of eighteen years, namely Charles C. Haskins, date-of-birth August 20, 1987. 8. The marriage is irretrievably broken. 9. Plaintiff has been advised that counseling is available and that Defendant may have the right to request that the court require the parties to participate in counseling. Plaintiff declines counseling. 10. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. 11. In the alternative, Plaintiff will file a 3301(d) Affidavit and provide the appropriate Notices two (2) years from the date of separation. WHEREFORE, Plaintiff respectfully requests this Court to enter a decree of divorce pursuant to Section 3301(c) or (d) of the Divorce Code. COUNTI EQUITABLE DISTRIBUTION 12. Paragraphs one (1) through eleven (11) of this Complaint are incorporated herein by reference. 13. Plaintiff and Defendant have acquired property, both real and personal, during their marriage. 14. The parties have acquired marital debt during their marriage. 15. Plaintiff and Defendant may be unable to resolve amicably the property issues in this matter. WHEREFORE, Plaintiff respectfully requests this Honorable Court to equitably divide all marital property and debt. Respectfully submitted, & ADLER, PC Dated: qlxlp4 De a ison antor, Esquire Att ey D o.66378 2331 Market Street Camp Hill, PA 17011 Telephone No. (717) 763-1383 Attorneys for Plaintiff Kathryn C. Haskins VERIFICATION I, Kathryn C. Haskins, verify that the statements made in this Complaint 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. Section 4904, relating to unsworn falsification to authorities. Date: 2 tX?' ?i Zoo y (? - Y??2?' Kat C. Has ins ? C c j ? Q S ?l O W L O C ? 7 -• Cil KATHRYN C. HASKINS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 04-1921 CIVIL, DANIEL A. HASKINS, CIVIL ACTION - LAW Defendant IN DIVORCE ACCEPTANCE OF SERVICE I, Diane Baker, Esquire, am authorized to accept service of the Complaint in Divorce on behalf of my client, Daniel A. Haskins, in the above captioned matter. Date: S 6"05 Baker, Esquire n ? O ` i ` ^c n'? - m i ?a tSR-;. ? .7. ?j '. ? _ Of: ? *=rn r ? ? v `< ? REAGER & ADLER, P.C. BY: DEBRA DENISON CANTOR, ESQUIRE Attorney I.D. No. 66378 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Email: DCantor@ReagerAdlerPC.com Attorneys for Plaintiff KATHRYN C. HASKINS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DANIEL A. HASKINS, Defendant NO. 04-1921 CIVIL CIVIL ACTION - LAW IN DIVORCE AMENDED COMPLAINT AND NOW, this ?%4-` day of July, 2004, comes Kathryn C. Haskins, by her counsel, Reager & Adler, P.C., and amends her Complaint as follows: COUNT II ALIMONY PENDENTE LITE ALIMONY, COUNSEL FEES, EXPENSES AND COSTS Paragraphs one (1) through fifteen (15) of the Complaint are incorporated herein by reference. 16. By reason of this action, Plaintiff has incurred co asiderable expense in the preparation of her case and the employment of counsel and the payment of costs. 17. The Plaintiff is without sufficient funds to support herself and to meet the costs and expenses of this litigation. 18. Plaintiffs income is not sufficient to provide for her reasonable needs and to pay her attorneys' fees and the cost of this litigation and she is unable. to appropriately maintain herself during the pendency of this action. 19. Defendant has adequate earnings to provide for the Plaintiffs support and to pay her counsel fees, costs and expenses. 20. Plaintiff lacks sufficient property to provide for her reasonable needs. 21. Plaintiff is unable to support herself through appropriate employment. 22. Defendant has sufficient income and assets to provide continuing support for the Plaintiff. 23. A child support hearing is scheduled in this matter for September 1, 2004 at 10:30 a.m. in front of Jennifer Gibboney. 24. Plaintiff requests these matters be consolidated with the child support hearing. WHEREFORE, Plaintiff respectfully requests this Honorable Court to award her alimony, alimony pendente lite, counsel fees, expenses and costs. Respectfully submitted, REAGER & ADLER, PC Date: 13v 1 Qlj BY: i Debr Denison Cantor, Esquire Attorney ID # 66378 2331 Market Street Camp Hill, PA 170 11 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Email: DCantor@ReagerAdlerPC.com Attorneys for Defendant, Kathryn C. Haskins VERIFICATION I, Kathryn C. Haskins, verify that the statements made in this Amended Complaint 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. Section 4904, relating to unworn falsification to authorities. Date: ? Z G o r C. Kathryn . ]4askins IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KATHRYN C. HASKINS, Plaintiff V. DANIEL A. HASKINS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1921 CIVIL CIVIL ACTION - LAW IN DIVORCE DRS ATTACHMENT FOR APL PROCEEDINGS PETITIONER NAME Kathryn C. Haskins ADDRESS 2510 Arcona Road Mechanicsburg, PA 17055 BIRTH DATE 11-5-49 SOCIAL SECURITY NUMBER 187-38-8551 HOME PHONE (717) 697-7247 WORK PHONE None EMPLOYER NAME None EMPLOYER ADDRESS None JOB TITLE/POSITION n/a DATE EMPLOYMENT COMMENCED n/a GROSS PAY n/a NET PAY n/a OTHER INCOME n/a ATTORNEY'S NAME Debra Denison Cantor ATTORNEY'S ADDRESS Reager & Adler, PC 2331 Market Street Cam Hill, PA 17011 ATTORNEY'S PHONE NUMBER (717) 763-1383 RESPONDENT NAME Daniel A. Haskins ADDRESS 1705 Elm Street New Cumberland, PA 17070 BIRTH DATE April 26, 1945 SOCIAL SECURITY NUMBER 180-34-8154 HOME PHONE (717) 774-3390 WORK PHONE EMPLOYER NAME Retired EMPLOYER ADDRESS n/a JOB TTFLE/POSITION n/a DATE EMPLOYMENT COMMENCED n/a GROSS PAY Pension NET PAY OTHER INCOME Rental Properties, net $1300 monthly ATTORNEY'S NAME Diane Baker ATTORNEY'S ADDRESS 27 South Arlene Street Harrisburg, PA 17112 ATTORNEY'S PHONE NUMBER (717) 671-9600 MARRIAGE INFORMATION DATE OF MARRIAGE September 29, 1984 PLACE OF MARRIAGE Clearfield County, Pennsylvania DATE OF SEPARATION January 21, 2004 ADDRESS OF LAST MARITAL HOME 1705 Elm Street, New Cumberland, PA 17070 DESCRIPTION OF DOCUMENT RAISING APL CLAIM Amended Complaint for Alimony Pendente Lite, Alimony, Counsel Fees, Expenses and Costs DATE APL DOCUMENT FILED CERTIFICATE OF SERVICE I hereby certify that on the date set forth below a true and correct copy of the foregoing document was served on the following individuals via United States First Class Mail, postage prepaid as follows: Diane Baker, Esquire 27. South Arlene Street Harrisburg, PA 17112 Attorney for Defendant Dated: eit A (-\. j V -? ca v T' Tl 13 KATHRYN C. HASKINS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04-1921 CIVIL DANIEL A. HASKINS, : CIVIL ACTION - LAW Defendant : IN DIVORCE TO: Kathryn C. Haskins, Defendant; and Debra D. Cantor, Esquire Reager & Adler, P.C. 2331 Market Street Camp Hill, PA 17011-4642 You are hereby notified to file a written response to the enclosed Answer with Counterclaim and New Matter to Divorce Complaint within twenty (20) days from service hereof or a judgment may be entered against you. DATE: LBy_.e Diane S. Baker, Esquire /70/0 Supreme Court ID #53200 27 South Arlene Street P.O. Box 6443 Harrisburg, PA 17112-0443 (717) 671-9600 KATHRYN C. HASKINS, Plaintiff V. DANIEL A. HASKINS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1921 CIVIL CIVIL ACTION - LAW IN DIVORCE COUNTERCLAIMAND ANSWER WITHNEWMATTER TO DIVORCE COMPLAINT AND NOW, comes the Defendant, Daniel A. Haskins, by and through his attorney, Diane S. Baker, Esquire, and responds to the Complaint in Divorce and Amended Complaint as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. No response required. 10. No response required. 11. No response required. WHEREFORE, Defendant respectfully requests this Honorable Court issue a Decree in Divorce. COUNTI 12. The answers to Paragraphs 1 through 11 are incorporated herein by reference. 13. Admitted. 14. Admitted. 15. Admitted. WHEREFORE, Defendant respectfully requests this Honorable Court to divide all marital property and debt in accordance with the Antenuptial Agreement of the parties dated September 12, 1984. COUNT II 16. The answers to Paragraphs 1 through 15 are; incorporated herein by reference. No response required. IT Denied. It is denied that Plaintiff is without sufficient funds to support herself and to meet the costs and expenses of this litigation. By way of further answer, Plaintiff is able to support herself through appropriate employment and meet the costs and expenses of this litigation. Proof to the contrary is demanded at trial. 18. Denied. It is denied that Plaintiff is without sufficient funds to support herself and to meet the costs and expenses of this litigation. By way of further answer, Plaintiff is able to support herself through appropriate employment and meet the costs and expenses of this litigation. Proof to the contrary is demanded at trial. 19. Denied. It is denied that Defendant has adequate earnings to provide for the Plaintiff's support and to pay her counsel fees, costs and expenses. By way of further answer, Plaintiff is able to support herself through appropriate employment and meet the costs and expenses of this litigation. Proof to the contrary is demanded at trial. 20. Denied. It is denied that Plaintiff lacks sufficient property to provide for her reasonable needs. By way of further answer, Defendant avers that Plaintiff has sufficient property and adequate earnings to provide for her reasonable needs. Proof to the contrary is demanded at trial. 21. Denied. It is denied that Plaintiff is unable to support herself through appropriate employment. By way of further answer, Defendant avers that Plaintiff is able to support herself through appropriate employment. Proof to the contrary is demanded at trial. 22. Denied. It is denied that Defendant has sufficient income and assets to provide continuing support for the Plaintiff. By way of further answer, Defendant specifically avers that he does not have sufficient income or assets to provide continuing support for the Plaintiff and by way of further answer, specifically avers that Plaintiff does have sufficient income and assets to provide for her support. Proof to the contrary is demanded at trial. 23. Admitted. 24. No response required. WHEREFORE, Defendant respectfully requests this Honorable Court deny Plaintiff's claim for alimony, alimony pendente lite, counsel fees, costs and expenses in accordance with the Antenuptial Agreement of the parties dated September 12, 1984. COUNTERCLAIM 25. The answers to paragraphs 1 through 24 are incorporated herein by reference. 26. Plaintiff has filed frivolous claims for equitable distribution, alimony pendent lite, alimony and counsel fees, costs and expenses which are barred pursuant to the Antenuptial Agreement the parties executed on September 12, 1984. Defendant will incur attorney's fees, costs and expenses in defending said frivolous claims and seeks reimbursement from the Plaintiff. WHEREFORE, Defendant requests attorney's fees, costs and expenses incurred in defense of Plaintiff's frivolous claims for equitable distribution pendente lite, alimony and counsel fees, costs and expenses. NEWMATTER 25. The answers to Paragraphs 1 through 24 are incorporated herein by reference. 26. Plaintiffs claim for equitable distribution Of marital property acquired during the marriage is barred pursuant to the Antenuptial Agreement of the parties executed on September 12, 1984. 27. Plaintiffs claim for alimony pendente lite is barred pursuant to the Antenuptial Agreement of the parties executed on September 12, 1984. 28. Plaintiffs claim for alimony is barred pursuant to the Antenuptial Agreement of the parties executed on September 12, 1984. 29. Plaintiff's claim for counsel fees, costs and expenses is barred pursuant to the Antenuptial Agreement of the parties executed on September 12, 1984. WHEREFORE, Defendant respectfully requests this Honorable Court issue a Decree in Divorce, direct Plaintiff to pay Defendant's attorney's fees, costs and expenses, and deny Plaintiff's request for equitable distribution, alimony pendente lite, alimony, counsel fees, costs and expenses. , Esquire I.D. No. 53200 27 South Arlene Street P.O. Box 6443 Harrisburg, PA 17112-0443 (717) 671-9600 Respectfully submi .Baler I verify that the statements made in this Counterclaim and Answer with New Matter to Divorce Complaint 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 unswom falsification to authorities. boo . f DANIEL A. HASKINS DATE: 09f 3 n I Q 1 CERTIFICATE OF SERVICE I hereby certify that on this _ day of &I sj < 2004, a true and correct copy of the counterclaim and Answer with New Matter to Divorce Complaint was served on the following person by United States Mail, postage prepaid, addressed as follows: Debra D. Cantor, Esquire Reager & Adler, P.C. 2331 Market Street Camp Hill, PA 17011-4642 Respectfully Lam. Baker, :Esquire Supreme Court ID 53200 27 South Arlene Street Post Office Box 6443 Harrisburg, PA 17112-0443 (717) 671-9600 o CR r N rtl Ij-1 m J'. cn fJ REAGER & ADLER, P.C. BY: DEBRA DENISON CANTOR, ESQUIRE Attorney I.D. No. 66378 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Email: DCantor@ReagerAdlerPC.com Attorneys for Plaintiff KATHRYN C. HASKINS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 04-1921 CIVIL DANIEL A. HASKINS, CIVIL ACTION - LAW Defendant IN DIVORCE ANSWER TO NEW MATTER AND NOW, this day of J ?- 2004 comes Kathryn C. Haskins by and through her counsel Reager & Adler, PC and responds to the New Matter as follows: 25. This is an incorporation provision to which no responsive pleading is required. 26. Denied. This is a legal conclusion to which no responsive pleading is required. Attached hereto as Exhibit "A" is a copy of the alleged Ante-Nuptial Agreement referred to in Plaintiffs New Matter. 27. Denied. This is a legal conclusion to which no responsive pleading is required. 28. Denied. This is a legal conclusion to which no responsive pleading is required. 29. Denied. This is a legal conclusion to which no responsive pleading is required. WHEREFORE, Plaintiff requests this Honorable Court to deny Defendant's claim and to honor Plaintiff's request for Equitable Distribution, Alimony Pendente Lite, Alimony, and Counsel Fees and Costs. Respectfully submitted, Reager & Adler, PC Date: ef// C//P-L/ 2331 Market (Street Camp Hill, PA 17011 (717) 763-1383 ANTENUPTIAL AGREEMENT THIS AGREEMENT made this /3 tjL day of 1984, between DANIEL A. HASKINS, party of the first part, and KATHRYN POYNOR, party of the second part: WITNESSETH: WHEREAS, it is the intention of the parties hereto to enter into a marriage contract, which marriage shall shortly be solemnized by and between the perties; and WHEREAS, the intended husband is the owner of certain real estate and personal property, the value of which has been fully demonstrated to the intended wife, and the latest _ compilation of the said property of the intended husband is attached hereto and made a part hereof and marked Exhibit-"A"; and WHEREAS, it has been made known to the intended husband that the intended wife has certain cash assets in the bank and is the owner of a vehicle and has a potential inheritance which may innure to her benefit, and the latest compilation of the said property of the intended wife is attached hereto and made a part hereof and marked Exhibit "B"; and WHEREAS, it is the intention of the parties to waive, relinquish and bar all of their inchoate, intestate or other rights or interestsr either as the husband or widower or the wife or widow, in and to any property now or hereafter owned or acquired by either party, including but not limited to rights of either party to equitable distribution, alimony, alimony pendente lite or support; and WHEREAS, both parties are adult individuals and have been married previously and divorced and are capable of and in fact have been existing in their own areas of employment without the assistance or contribution of either to the success of the- other or to the continued enjoyment of such occupation of the other; and WHEREAS, both parties recognize that their assets have been accumulated over a period of years through various means and through their own labors, each. recognizing that neither - 2 - has contributed in any way to the accumulation of the estate of the other. NOW, THEREFORE, intending to be legally bound hereby, the following contract and agreement is entered into. 1. Each party is now aware of the assets of the other party as demonstrated by the attached Exhibits "A" and "B", and realizes that there may be some differences unknown to either party, but such differences shall have no effect on the efficacy of this Agreement, if in fact any exist, and the parties hereby relinquish any and all rights to the estate of the other which they may have or might in the future accrue by any means whatsoever, but with the full understanding that by this Agreement no rights will accrue to either in the estates which now exist or might in the future exist in the other. - Each party shall therefore be guaranteed the right to dispose of his or her estate in accordance with his or her own desires, without interference or claim by the other party. 2. There is no agreement with respect to payment or contribution from either to the other, and in lieu of such agreement each party shall remain the owner of his or her own property as outlined herein. ,AVJ l? 3. It is agreed that no claim for support, alimony, expenses, lost wages, lost emplovment opportunities or any other claim shall be claimed or obtainable by either party against the other party. 4. No rights in any property, real, personal or mixed, shall accrue to either party by virtue of the parties' marriage. However, nothing herein contained shall prohibit either party from giving by gift, bequest or devise anything that either might desire to give to the other- or to any other person, but nothing herein contained shall in any way bring forth a claim or cause of action should either party not desire to execute such gift, devise or bequest. 5. Neither party desires to be made aware of the value of the estate of the other party, other than is herein desigirated and relinquishes all right to any estate that has accrued or may hereafter accrue of every nature except as it mav_ be voluntarily given by either party to the other party by gift or by will. 6. No claim of any kind shall be made by either party for increases in value of non-marital property or property - 1 - exchanged for other property, or for any other matter whatsoever during the course of the marriage and thereafter, and =ach party relinquishes all claims which either might have against the other party or his estate and relinquishes all rights of dower, curtesy, support, alimony„ alimony pendente lite, equitable distribution, statutory rights, including the right to elect to take against the will of the other, family exemption or otherwise, and all rights of inheritance. 7. Either party may by trust, gift or will make anv transfer or gift to the other party during the marriage, which gift, devise or bequest will not be effected by the limitations in this Agreement but shall be the property of the person to whom such gift, bequest or devise might be designated. 8. This Agreement in all other respects shall remain i-n full force and effect. 9. During the continuance of the marriage relationship herein contemplated, each of the parties shall have the full power, complete and specific right: to own, control or otherwise deal with and dispose of his or her separate property, real or personal, the same as if the marriage relationship did not exist, and each of the parties sha.ll have the right to dispose - 5 - of or sell any and all real or personal property now or hereafter owned by each of the said parties, without the joinder of the other party, except property which is specifically designated as jointly owned property. This would be true even though such sale or disposition might reduce any benefits which`•might eventually be available to either party. 10. Should any law presently existing or enacted in the future effect this Agreement in any way, the parties agree that the present law shall govern, and each party irrevocably appoints the other party as his or her attorney-in-fact to complete any matters herein contained and to do any acts necessary for such completion. 11. Purpose and intent of this Agreement is to fully and perfectly and completely define: and limit the claims and _ demands which each of the parties to this Agreement during the marriage or surviving the other shall or may have against the other or the estate of the other. 12. This Agreement is made and entered into with the full knowledge on the part of each of the parties that each has a separate estate and that each is aware by independent knowledge of the general amount of the estate of the other, in addition to what is herein noted. 13. In the event the parties are married and living together at the time of the death of the intended husband, the home in which the parties are living and the automobile which is being driven by the intended wi_'e shall be the property of the intended wife, unless the husband shall have exec,.ted a document indicating the wife continues to reside in the house against the wishes and desires of the husband or that the parties are residing in the house not as husband and wife. In that event, the property shall remain the sole property of the husband, and shall, be disposed of in accordance with the direction of the husband's will. 14. It is expressly agreed and understood that each of - the parties consider his or her respective estate such that notwithstanding anything to the contrary, they voluntarily make this relinquishment that each estate can remain his or her own, to be disposed of in accordance with his or her own desires. 15. Gratuitous support payments may be made without effecting the total significance of this Agreement. - 7 - 16. No claim shall be made by either party to the proceeds of the sale of any portion of the estate of the tither. 17. Each of the parties hereto have the ability to read, write and understand this Agreement, and each has been given an opportunity before signing the same to consider the contents and validity hereof. 18. It is understood that neither party hereto has aided in the accumulation of the wealth of the other party. 19. This Agreement is executed with the full realization and understanding that the separate estates of the parties are not equal in amount. 20. The releases herein noted shall be binding upon each- of the parties hereto, their heirs, personal representatives and assigns. 21. This writing contains the entire Agreement between the parties and shall not be altered, supplemented or amended by parol. - 2 - 22. Each party asserts that by being able to retain his or her respective estate each is satisfied that this is a reasonable division and sufficient for future needs, bearing in mind the age and condition of each party and the additional stipulations contained in this Agreement, and that the desire for this marriage to be entered into is of such vital importance to the parties signing this Agreement that each desires to execute this Agreement with the contents as herein indicated to be governing notwithstanding any inequities or the appearance of inequities that may be contained herein. 23. The parties agree that during the term of this marriage, whether the parties are living together or separated, neither party will be responsible_ for any liabilities or debts of the other party, unless the accumulation of such debt or liability was done with the permission of the other. In the event either party shall permit the other party to use the name of such party for obtaining credit, such as by the use of credit cards, the liability of` each respective party will be limited to those items which the other party was aware of at the time of purchase and for which permission was granted to obtain the said purchase. Each party agrees to indemnify the other party for anything which the other party might be called upon to be responsible for in violation of this Agreement. - 9 - Neither party will be responsible for items purchased on credit or credit cards by the other, for which that party has not by writing authorized the issuance of such card or the issuance of such credit. 24. A separation between the parties herein for any reason shall not be considered an abandonment or nullification of this Agreement. 25. In the event any portion of this Agreement should be deemed invalid, the other portions of this Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written, intending to be legally bound hereby. WITNESSES: (SEAL) DANIEL A. HA SKI S ? C (SEAL) HRIN? POYNOR -SSETS OF DANIEL A. HASXrVS -• rcuse at 995 Old Rossville Road, Lewisberr_v, Pennsylvania 2. Furniture and personal property 3. 1978 BMW automobile 4. Cash, savings, checking accounts 5. Life insurance - cash value 6. Retirement - present value 7. Boat and motor 8. Social security benefits (See exhibit "c") TOTAL The attached exhibit is the basis for social security benefits. $ 70,000.00 10,000.00 10,000.00 3,000.00 2,500.00 47,631.69 1,500.00 $144,631.00 Mr. Haskins could conceivably be the recipient of an inheritance - from his mother which could be very substantial. EXHIBIT "A" ASSETS OF KATHRYN POYNER 2. Savings account TOTAL 1,500.00 $ 2,500.00 -=HIBIT "B" Social : ?,curity Summary Statement of Earnings FRCN:JrFICE LF CENTRAL RECL4CS LkcRATIC'i:S CATE:SSPTE"E=c• C4. 1954 N. C :ELNC ST 6.E EAL11MUP-, MARYLAND 21201 S95 GL_ hLSSV1LLE RJ Ni.ME: U<.NIEL A HASr;iSS LEk1S3EhF.Y FA LATE C° FIRTH: O?/2b/45 1 7:9 THIS IS A ST ATEME-IJ CH THE EARNIN,;., SF.uLN ON YOUR SOCIAL SECURITY RECunD. INCLUDED AR_ LACES YOU HAVF HAU FCR COVERED GMrLOYMENT AFTtK 1?:<. AN'! ANY EAF,NING FRLki COVEREL SELF-EN.PLUYMENT AFTER 1 f5U. t. EC;,USF C'F THE 11.1E NFEUEL, TO PKOCESS AV4U'AL WAGE REPCRTS, THIS S171LMENT v.ILL NE-1 INLLULE YOUR EA,,:NINGS F01\ THIS YEAR (WHICH WILL b-- F.EFOPTrL AFTER. 1HE END LF TbC YEAR), AND MAY NOT INCLUDE SUMS Ur, ALL CF- YOUR. EAr,NIN6S FLR TnE LAST TWO YEARS. PLEASc k.EAU THE EiiCLOSF.L LEAFLEI IF YuU CISAUREE WITH, THIS STAT EMtNI. II IS iMPOkT?.NT THAI YUUn RtCOR'J Lr CO'N'RtCT EECAUSt ENTIILLMENT 1,1 MUNiriLY LENLFI iS AND MItDICARE VII LL DEPENL UN I1. IF YUU WAIT MLIRE THAN 3 YEARS, 3 MONTHS ANU i, LAYS AFTER THE YEAR AN EhnLK ULCUrtS, CO::RECTIL'N MAY NOT EE POSS18LE. YEARS CUVFREC EARNINGS (NUT SOCIAL SLCURITY TAXES) 1937 THRU 19`0 1451 ThKU 11+7? 1°EU 19E1 15 E._ 15;3 NO1 YET C,.1PiF'_ETEL' ILTAL EAnN1NGS ENCLOSUPE N?j N'= s 1?5, %12.2 22,137.58 24,606.80 2o,r73.75 27, 725. 00 '_ .37,o_°.9.E2 CERTIFICATE OF SERVICE I hereby certify that on the date set forth below a true and correct copy of the foregoing document was served on the following individuals via United States First Class Mail, postage prepaid as follows: Diane Baker, Esquire 27. South Arlene Street Harrisburg, PA 17112 Date: QIILI lD? Daria Baransky, Secretary r Debra Denison Cantor, Esquire Attorney ID No, 66378 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 fl - C•7 -7 77 C -r. FTI i? .l , ILI MCNEES WALLACE & NURICK LLC Debra Denison Cantor, Esquire Attorney ID. No. 66378 Cheryl B. Krentzman, Esquire Attorney ID. No. 203463 100 Pine Street Harrisburg, PA 17101 Telephone: (717) 237-5297 Facsimile: (717) 260-1667 Email: dcantor _mwn.com Email: ckrentzmana-mwn.com Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KATHRYN C. HASKINS, Plaintiff V. DANIEL A. HASKINS, Defendant : NO. 04-1921 CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S MOTION TO COMPEL COMPLIANCE WITH DISCOVERY REQUESTS AND NOW, comes Plaintiff, Kathryn C. Haskins, by and through her attorneys, McNees Wallace & Nurick LLC, and hereby files this Motion to Compel Compliance with Discovery Requests and, in support thereof, avers as follows: On April 20, 2004, Plaintiff, Kathryn C. Haskins, filed a Complaint in Divorce against Defendant Daniel A. Haskins. Thereafter, on July 30, 2004, Plaintiff filed an Amendment to her Complaint in Divorce. 2. Plaintiffs Complaint, as amended, requested the following relief: A. Divorce under §3301(c) or §3301(d) of the Divorce Code; B. Equitable Distribution; C. Alimony Pendente Lite, Alimony, Counsel Fees, Expenses and Costs. 3. By way of correspondence dated April 10, 2007, counsel for Plaintiff propounded discovery requests upon Defendant, consisting of Plaintiffs First Set of Interrogatories and Plaintiffs First Request for Production of Documents. Copies of these requests are attached hereto as Exhibit "A" and "B" respectively. Prior to serving these discovery requests, counsel for Plaintiff contacted Defendant's prior counsel of record, Diane Sommers Baker, Esquire, who indicated that she no longer represents Defendant. 4. Pursuant to the Pennsylvania Rules of Civil Procedure, Plaintiffs answers to Defendant's discovery requests were due on or before May 14, 2007. 5. To date, no response has been received from Defendant. 6. Plaintiff and her counsel do not believe that Defendant is making a good faith effort to respond to Plaintiffs discovery requests. 7. Pursuant to Pa.R.Civ.P. 1930.5, "[d]iscovery shall be available without leave of court in accordance with R.C.P. 4001 et seq. in alimony, equitable distribution, counsel fee and expense and complex support proceedings." 8. As stated above, this action involves issues of Equitable Distribution, Alimony, fees and expenses. 2 1 9. All of the discovery requests made by Plaintiff are within the scope of proper discovery as set forth in Pa.R.Civ.P. 4003.1-4003.6 and Pa.R.Civ.P. 4011. 10. Pa.R.Civ.P. 4005 permits a party to serve written interrogatories on any other party. 11. Pa.R.Civ.P. 4006 requires a party to answer or object to written interrogatories. 12. Pa.R.Civ.P. 4009.11 permits a party to request production of documents and things upon another party. 13. Pa.R.Civ.P. 4009.12 requires a party to respond or object to requests for production of documents and things. 14. Defendant's failure to answer Plaintiffs discovery requests impedes Plaintiffs efforts to proceed with this case. 15. As a result of Defendant's failure to answer Plaintiffs First Set of Interrogatories and Plaintiffs First Request for Production of Documents, Plaintiff has and will continue to incur reasonable counsel fees in connection with the preparation and presentation of this motion. 16. The Court has not previously ruled on any issue in this, or any related, matter. 17. Defendant is not currently represented by counsel and therefore concurrence of opposing counsel of record pursuant to Cumberland County Rule of Procedure §208.3(a)(9) could not be sought. Based upon the circumstances, counsel for Plaintiff does not believe that Defendant would concur with the filing of this Motion. 3 WHEREFORE, Plaintiff requests this Honorable Court to grant this Motion and Order as follows: 1. Defendant shall answer Plaintiffs First Set of Interrogatories and Plaintiffs First Request for Production of Documents by August 31, 2007. 2. Defendant shall be responsible for paying Plaintiffs reasonable costs, counsel fees and expenses associated with the preparation, filing and presentation of this Motion. Respectfully submitted, McNEES WALLACE & NURICK LLC B lYebra?D.Cantor I.D. No. 66378 Cheryl B. Krentzman I.D. No. 203463 100 Pine Street, P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Dated: July, 2007 Attorneys for Plaintiff 4 ?x????k ? MCNEES WALLACE & NURICK LLC Debra Denison Cantor, Esquire Attorney I.D. No. 66378 Cheryl B. Krentzman, Esquire Attorney I.D. No. 203463 100 Pine Street Harrisburg, PA 17108 Telephone: (717) 237-5297 Facsimile: (717) 237-5300 Email: dcantorr _mwn.com Email: ckrentzman(cD-mwn.com Attorneys for Plaintiff KATHRYN C. HASKINS, Plaintiff V. DANIEL A. HASKINS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1921 CIVIL : CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS Pursuant to Rule 4009 of the Pennsylvania Rules of Civil Procedure, the undersigned directs you to produce at the offices of Debra D. Cantor, Esquire, McNees Wallace & Nurick LLC, 100 Pine Street, P.O. Box 1166, Harrisburg, Pennsylvania 17108- 1166, within thirty (30) days of service of this request and to permit the undersigned, or designated representative or agents, to inspect and copy, or cause to be copied, the following documents in your possession, custody and control: GENERAL INSTRUCTIONS AND DIRECTIONS: A. The term "Defendant" shall include, in addition to the named party Defendant, his attorneys, accountants, agents, consultants, servants, employees, representative and parties holding in trust for Defendant and others who are in possession of or who may have obtained information for or on behalf of the said named party Defendant. B. The word "Document" or "Documents" as used herein shall include without limitation, the original and not-identical copy, whether different from the original by reason of any notation made on such copies or otherwise, of any written, recorded or graphic matter, however produced or reproduced, including but not limited to, any correspondence, memoranda, notes, press releases, diaries, calendars, telegrams, reports, transcripts of telephone conversations, agenda, statistics, minutes, contracts, purchase orders, studies, checks, statements, receipts, returns, summaries, pamphlets, books, inter-office and intra- office communications, offers, bulletins, computer printouts, teletypes, telefax, invoices, worksheets, and all drafts, alterations, modifications, change and amendments of any of the foregoing, or any other writings or documentary material of any natures whatsoever, together with any attachments thereto and enclosures therewith, any other photographic and retrievable matter (whether taped or coded electrostatically, electromagnetically, or otherwise) in the possession, custody or control of Defendant. C. As used herein, a "communication" is a transmission or exchange of information, written or oral, formal or informal, regarding any event, action taken, or policy here inquired into. D. The words "person" or "person" shall mean all natural persons and all entities including, but not limited to, corporations, associations, companies, partnership, 2 municipalities, agencies, banks, departments, and all other similar associations. "Person" or "Persons" is not limited to natural person. II. INSTRUCTIONS: 1. Each document request is to be answered separately. 2. For each document asserted to be privileged or otherwise excludable from discovery, you are requested to provide the following information: the author, the recipient or addressee, all courtesy copy recipients, the date, a description of the document, the basis for the privilege being claimed, and the request to which the document is responsive. 3. The documents identified in Section III below refer not only to documents in your possession over which you maintain the ability to gain or regain in your possession. 4. This request is continuing in character and requires DANIEL HASKINS to provide any supplemental documents if, prior to trial, any of them should obtain any additional or supplemental documents which are responsive to this request. 3 III. DOCUMENTS TO BE PRODUCED: Please provide copies of your Federal and State individual and/or joint income tax returns, including W-2 forms and all attached schedules for the last five (5) years. RESPONSE: 2. Please provide copies of all paystubs/pay statements for your employment, if any, for the last six (6) months. RESPONSE: 4 3. Please provide a copy of your most recent Social Security earnings statement. RESPONSE: 4. Please provide any and all financial statements prepared by you or on your behalf since June 1, 2003 for you and/or any business in which you have an interest. RESPONSE: 5 5. For any and all real estate identified in your answers to Interrogatory No. 3, please provide: a. settlement sheets for purchases/sales b. deeds c. tax assessments d. any and all appraisals RESPONSE: 6. For any and all real estate identified in your answers to Interrogatory No. 3, please provide documentation supporting your estimate of the market value on the following dates: a. September 29, 1984; b. June 1, 2003 and your date of separation, if different; and c. Present. RESPONSE: 6 7. For any and all real estate identified in your answers to Interrogatory No. 3, please provide copies of mortgages, mortgage notes and other encumbrances. RESPONSE: 8. For any and all real estate identified in your answers to Interrogatory No. 3, please provide statements and other documentation verifying the balance of any mortgage(s), encumbrance(s), or lien(s) of any kind on the following dates: a. September 29, 1984; b. June 1, 2003 and your date of separation, if different; and c. Present. RESPONSE: 7 9. For each banking account (checking, passbook, NOW, statement savings, certificate of deposit, savings certificate, etc.) in which you now have or had an interest, ownership or power of withdrawal whatsoever, whether individual, joint, as custodian or trustee for others or as beneficiary of an account held by another custodian or trustee, please provide statements evidencing the balance on the following dates: a. September 29, 1984; b. June 1, 2003 and your date of separation, if different; and c. Present. RESPONSE: 10. For any and all bonds, stocks, other securities, mutual funds, money market funds in which you now have or had interest whatsoever, whether individual, joint, as custodian or trustee for others or as beneficiary of an account held by another as custodian or trustee. (include securities even if interest or dividends thereon are exempt for taxation), please provide statements evidencing the balance on the following dates: a. September 29, 1984; b. June 1, 2003 and your date of separation, if different; and c. Present. RESPONSE: 8 11. For any account with any security dealer or broker you currently have or had any interest whatsoever, please provide statements evidencing the balance on the following dates: a. September 29, 1984; b. June 1, 2003 and your date of separation, if different; and c. Present. RESPONSE: 12. For each pension or other retirement plan, IRA, Keogh, etc. in which you now participate or have participated, please provide statements evidencing the balance on the following dates: a. September 29, 1984; b. June 1, 2003 and your date of separation, if different; and c. Present. RESPONSE: 9 13. For each deferred compensation plan in which you now participate or have participated, please provide statements evidencing: a. The date and amount of any and all liquidation of your interest in the plan, or loan taken against the plan; b. The balance on the following dates: i. September 29, 1984; ii. June 1, 2003 and your date of separation, if different; and iii. Present. RESPONSE: 14. For each banking and/or financial account into which you now have or had funds contained although the account was held by another party, please provide statements evidencing the balance on the following dates: a. September 29, 1984; b. June 1, 2003 and your date of separation, if different; and c. Present. RESPONSE: 10 15. For each credit card or charge account maintained by you at present or previously, whether in your individual name or jointly with others, please provide statements evidencing the balance on the following dates: a. September 29, 1984; b. June 1, 2003 and your date of separation, if different; and c. Present. RESPONSE: 16. For any and all loans or credit that you have applied for and/or received, either individually or jointly with any other party, during the period from September 29, 1984 to present, please provide all applications and loan documents, including the opening account documentation, and statements evidencing the balance on the following dates: a. September 29, 1984; b. June 1, 2003 and your date of separation, if different; and c. Present. RESPONSE: 11 17. Please provide any documentation supporting the fair market value, and lien or encumbrance for any and all vehicles you identified in your response to Interrogatory No. 10, for the following dates: a. September 29, 1984; b. June 1, 2003 and your date of separation, if different; and c. Present. RESPONSE: 18. Please provide copies of all documents relating to your status as a beneficiary of an estate from which you received any income or assets. RESPONSE: 12 19. Please provide documentation evidencing any and all money owed to you that you identified in your answer to Interrogatory No. 13, including, but not limited to judgments, notes, contract rights, loans, assignments etc, and include documentation showing the current balance owed. RESPONSE: 20. Please provide documentation for all life insurance policies identified in your answer to Interrogatory No. 14 including documentation evidencing the type of policy, face value, cash value, ownership and beneficiary. RESPONSE: 13 21. For any and all assets you owned as of the date of this marriage that you identified in your answer to Interrogatory No. 15, please provide documentation supporting the value of said assets as of the following dates: a. September 29, 1984; b. June 1, 2003 and your date of separation, if different; and c. Present. RESPONSE: 22. For any and all liabilities you owed as of the date of this marriage that you identified in your answer to Interrogatory No. 16, please provide documentation supporting the amount of said liabilities as of the following dates: a. September 29, 1984; b. June 1, 2003 and your date of separation, if different; and c. Present. RESPONSE: 14 23. Please provide any and all documentation, including cancelled checks, for any and all transactions to which you were a party, including withdrawals from any accounts, in excess of $1,000 from June 1, 2003 (or your date of separation, if earlier) to the present that you identified in your answer to Interrogatory No. 17. RESPONSE: 24. Please provide any and all documentation, including cancelled checks for any and all payments you have made and expenses that you have incurred since June 1, 2003 for maintenance and improvements to the property located at 1705 Elm Street, New Cumberland, PA, that you identified in your answer to Interrogatory No. 18. RESPONSE: 15 25. Please provide any and all documentation, including cancelled checks for any and all payments you have made and expenses that you have incurred since June 1, 2003 on behalf of your son Danny Haskins that you identified in your answer to Interrogatory No. 19. RESPONSE: 26. Please provide any documentation utilized in your answers to Interrogatories which were served on you, along with this Request for Production of Documents. RESPONSE: Dated: April 10, 2007 McNEES WALLACE & NURICK LLC B L.-----'t5trl5r=a Denison Cantor I.D. No. 66378 Cheryl B. Krentzman I.D. No. 203463 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5297 Attorneys for Plaintiff 16 CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a copy of the foregoing document was served by first class mail, postage prepaid, upon the following: Mr. Daniel Haskins 1705 Elm Street New Cumberland, PA 17070 De b . _-an or c:__- Dated: April 10, 2007 ?y??b?k ? MCNEES WALLACE & NURICK LLC Debra Denison Cantor, Esquire Attorney ID. No. 66378 Cheryl B. Krentzman, Esquire Attorney ID. No. 203463 100 Pine Street Harrisburg, PA 17101 Telephone: (717) 237-5297 Facsimile: (717) 260-1667 Email: dcantora-mwn.com Email: ckrentzman(aDmwn.com Attorneys for Plaintiff KATHRYN C. HASKINS, Plaintiff V. DANIEL A. HASKINS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1921 CIVIL CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S FIRST SET OF INTERROGATORIES TO DEFENDANT Demand is hereby made by the Plaintiff of the Defendant for answers, under oath or certification, to the following Interrogatories within the time and in the manner prescribed by the Rules of this Court. You are required to file Answers to the following Interrogatories within thirty (30) days after service upon you pursuant to Pa.R.C.P. 1920.22(b) and 4005. NOTE: Questions concerning marriage, children, and marital offenses are with relation to the other party to this suit, unless otherwise indicated. DEFINITIONS AND INSTRUCTIONS Unless negated by the context of the interrogatory, the following definitions are to be considered to be applicable to all interrogatories contained herein. (A) "Documents" is an all-inclusive term, referring to any writing and/or recorded or graphic matter, however produced or reproduced. The term "Documents" includes, without limitation, correspondence, memoranda, interoffice communications, minutes, reports, notes, schedules, analyses, drawings, diagrams, tables, graphs, charts, maps, surveys, books of account, ledgers, invoices, purchase orders, pleadings, questionnaires, contracts, bills, checks, drafts, diaries, logs, proposals, recordings, telegrams, films, tax returns, financial statements and all other such documents, tangible or retrievable of any kind. "Documents" also include any preliminary notes and drafts of all of the foregoing, in whatever form, for example, printed, typed, longhand, shorthand, on paper, paper tape, tabulating picture film, phonograph records, or other form. (B) With respect to documents, the term "Identify" means to give the date, title, author and addressee; "Identify" with respect to documents further means: (i) to describe a document sufficiently well to enable the interrogator to know what such document is and to retrieve it from a file or wherever it may be located; (ii) to describe it in a manner suitable for use as a description in a subpoena; (iii) to give the name, address, position or title of the person(s) who has custody of the document and/or copies thereof. (C) "Identify" when used in reference to an individual means: (i) to state his/her full name; (ii) to state present or last-known residence address; 2 (iii) to state present or last-known business address; (iv) to state whether ever employed by any party to this action, and if so, the dates employed by such party, the name of such party, and the last position held as an employee of such party. (D) Whenever the expression "and/or" is used in these interrogatories, the information called for should be set out both in the conjunctive and disjunctive, and wherever the information is set out in the disjunctive, it should be given separately for each and every element sought. (E) Whenever a date, amount or other computation or figure is requested, the exact date, amount or other computation or figure is to be given unless it is not known; and then, the approximated date, amount or other computation or figure is an estimate or approximation. (F) No answer is to be left blank. If the answer to an interrogatory or sub- paragraph of an interrogatory is "none" or "unknown" such statement must be written in the answer. If the question is inapplicable, "N/A" must be written in the answer. If an answer is omitted because of the claim of privilege, the basis of privilege is to be stated. (G) These interrogatories are continuing, and any information secured subsequent to the filing of your answers which would have been includable in the answers had it been known or available, are to be supplied by supplemental answers. (H) If additional space is required for an answer, attach a supplemental answer sheet, which clearly identifies the Interrogatory number. 3 INTERROGATORIES 1. State the date on which you and Plaintiff started living separate and apart and state the factual basis for selecting that date. ANSWER: 4 2. If you are currently employed, please identify the following a. the name of your employer; b. the title or capacity in which you are employed, and the nature of your duties. C. Your gross yearly, monthly or weekly income; if paid on an hourly basis state hourly; d. All deductions from your pay including, but not limited to, taxes, insurance, FICA, savings, loans. e. Your net yearly, monthly or weekly income. i. Any bonuses received by you from your employer in the past three (3) years, indicating date and amount received; ii. Whether you participate in any profit sharing or other deferred compensation plan. f. Any benefits provided to you by your employer. ANSWER: 5 3. As to any real estate in which you now have or have had an interest at any time since September 29, 1984, whether individually, jointly, in partnership form, in corporate form, as trustee for any person, as beneficiary under any trust or held by anyone for your beneficial interest, complete one of the information sheets attached hereto and identified as FORM "A". Enter here the number of FORM A's attached ANSWER: 6 4. Please identify (by name of bank, title of account and account number) any and all banking and/or financial accounts (checking, passbook, NOW, statement saving, certificate of deposit, savings certificate, etc) in which you now have or ever had any interest, ownership or power of withdrawal whatsoever, whether individual, joint, as custodian or trustee for others or as beneficiary of an account held by another as custodian or trustee during any time from September 29, 1984 to the present, including: a. the date you opened such account or date you acquired your interest therein; b. the name and address of any other person who has either an ownership interest or power to withdraw funds from such account; C. all identifying information (including name on account and institution name) for any account in which your name does not appear, in which you deposited or withdrew monies. d. The balance as of: i. September 29, 1984; ii. June 1, 2003 and your date of separation, if different; and iii. Present. 7 5. Please identify any and all bonds, stocks, other securities, mutual funds, money market funds in which you now have or have had any interest whatsoever from September 29, 1984 to present, whether individual, joint, as custodian or trustee for others or as beneficiary of an account held by another as custodian or trustee. (Include securities even if interest or dividends thereon are exempt for taxation). ANSWER: 8 6. Please identify each pension or other retirement plan, IRA, Keogh, etc. in which you now participate or have participated at any time, including: a. The nature of the Plan (IRA, Keogh, Defined Benefit Plan, etc.); b. The date on which you opened the account or date on which your participation in the plan commenced; C. The named beneficiary of the plan; d. Whether you take loans against or liquidate your interest in the plan; and e. The balance as of: i. September 29, 1984; ii. June 1, 2003 and your date of separation, if different; and iii. Present. ANSWER: 9 7. Please identify any deferred compensation plan in which you now participate or have participated at any time, including: a. The date on which you opened the account or date on which your participation in the plan commenced; b. The amount and date of any liquidation of your interest in the plan, or loan taken against the plan; C. The balance as of: L September 29, 1984; ii. June 1, 2003 and your date of separation, if different; and iii. Present. ANSWER: 10 8. Please identify any and all credit cards or charge accounts maintained by you at present or at any time during the period from September 29, 1984 to present, whether in your individual name or jointly with others, including but not limited to: a. the issuer of credit; b. the account number; C. the names listed on the account; d. the opening date of the account; and e. The balance as of: i. September 29, 1984; ii. June 1, 2003 and your date of separation, if different; and iii. Present. ANSWER: 11 9. Please identify any loan or credit that you have applied for and/or received, either individually or jointly with any other party, during the period from September 29, 1984 to present, including but not limited to: a. the date and amount applied for and borrowed; b. the name of the party borrowed from; C. the identity of any co-signers, co-borrowers or guarantors; d. the rate of interest e. the dates and amounts of any payments; and f. the present unpaid amount. ANSWER: 12 10. Identify by make, model and year any automobile, truck, camper, mobile home, motorcycle, boat, airplane or vehicle of any nature that you own or have an interest therein, and indicate: a. The date the vehicle was acquired and the purchase price b. Any liens or encumbrances against such vehicle and the current status of said liens or encumbrances; i. how the title is held; ii. the fair market value as of: iii. June 1, 2003 and your date of separation, if different; and iv. Present ANSWER: 13 11. If you have been the beneficiary of an estate, please identify: a. the name of the estate; b. the total amount of income and/or assets received; C. the disposition of the income and/or assets that you received. ANSWER: 12. Please identify, by location of institution and contents, any safe deposit box or depository, which you have had or used from September 29, 1984 to present. ANSWER: 14 13. Please indicate whether there is any money owing to you, including, but not limited to judgments, notes, contract rights, loans, assignments etc. and state the nature and amount of each obligation, as well as the current balance due. ANSWER: 14. Please list all life insurance policies in which you are the owner, insured or beneficiary, and set forth: a. The identity of insurance company and policy number; b. The face amount c. The type (either term or whole life); d. The identity of the owner, insured, and beneficiary and any relationship to you; e. The annual premiums and the payor; and f. Present cash surrender value. ANSWER: 15 15. List any and all assets you owned as of the date of this marriage and identify all documents supporting your ownership of the asset and your valuation of it. As to each such asset, state the value thereof as of: a. September 29, 1984; b. June 1, 2003 and your date of separation, if different; and c. Present. ANSWER: 16. List any and all liabilities you owed as of the date of this marriage and identify all documents supporting the amount owed. As to each such liability, state the amount of same as of: a. September 29, 1984; b. June 1, 2003 and your date of separation, if different; and c. Present. ANSWER: 16 17. List any and all transactions to which you were a party, including withdrawals from any accounts, in excess of $1,000 from June 1, 2003 (or your date of separation, if earlier), to the present. ANSWER: 18. Please list any and all payments you have made and expenses that you have incurred since June 1, 2003 for maintenance and improvements to the property located at 1705 Elm Street, New Cumberland, PA, and identify the source of funds used to make payments toward such expenses. ANSWER: 17 e 19. Please list any and all payments you have made and expenses that you have incurred since June 1, 2003 on behalf of your son Danny Haskins, including but not limited to living expenses (for example, food, gas, clothes, toiletries, entertainment, etc.), housing expenses, payments for coaching, ice skating equipment, skating fees, vehicle repairs and computer equipment, and identify the source of funds used to make payments toward such expenses. ANSWER: McNEES WALLACE & NURICK LLC BY??VW 0-40 lS 1 Dated: April 10, 2007 Debra Denison Cantor I.D. No. 66378 Cheryl B. Krentzman I.D. No. 203463 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5297 Attorneys for Plaintiff 18 e REAL ESTATE INFORMATION FORM "A" (INTERROGATORY #3) (NOTE: Complete one (1) Form "A" for each real estate interest) A. Address of property: ANSWER: B. Type of property (e.g., condo, single family residence, unimproved lot, commercial, etc). ANSWER: C. Nature of your interest. ANSWER: D. Date of acquisition. ANSWER: E. Method of acquisition (purchase, inherited gift). ANSWER: F. Name(s) in which title recorded. ANSWER: G. Purchase price or value at acquisition, including. 1. Amount of down payment contributed by you; 2. Amount of down payment contributed by others; name these others; and 3. Source of funds for purchase. 19 H. Your best estimate of: 1. Market value as of September 29, 1984; 2. Market value as of June 1, 2004, and your date of separation, if different; 3. Present market value. ANSWER: I. Present assessment for tax purposes; setting forth assessments for land and improvements separately. ANSWER: J. Name and address of any co-owners and extent and nature of their interest. ANSWER: K. Cost of maintenance of the residence, including, but not limited to, repairs, utilities, mortgages, taxes and any other expenses (itemizing each item specifically). ANSWER: L. If presently owned, list all improvements made to property since date of acquisition, including the date the improvement that was made, nature of improvement and costs thereof. ANSWER: M. As to any mortgage, encumbrance or lien of any nature, provide: 1. Identity of mortgagee or holder of encumbrance; 2. Identity of any co-mortgagors; 3. Amount of original mortgage or encumbrance; 4. Amount of obligation as of September 29, 1984; 5. Amount of obligation as of June 1, 2003, and your date of separation, if different; 6. Amount of present outstanding obligation; 20 7. Original term of obligation; 8. Remaining term of obligation; and 9. Monthly Payment Amount. ANSWER: N. If the property or your interest therein has been sold or otherwise transferred, state: 1. Date of sale or transfer; 2. Identity of transferee(s); 3. Consideration paid for transfer; 4. Terms of sale or transfer; 5. Whether any portion of the sale price is still due by way of note, bond or mortgage and, if so, state terms and amount due; and 6. the disposition of the proceeds. ANSWER: 21 0. If any real estate produces rental income or other income, set forth: 1. address of property; 2. name and address of each person from whom rent or other income was received; 3. amount received from each person per year; 4. portion of premises rented to each person; and 5. itemization of all expenses of maintaining that real estate. ANSWER: McNEES WALLACE & NURICK LLC Bye =-'4M-ebrd Denis'-rri5a- mor I.D. No. 66378 Cheryl B. Krentzman I.D. No. 203463 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5297 Attorneys for Plaintiff Dated: April 10, 2007 22 CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a copy of the foregoing document was served by first class mail, postage prepaid, upon the following: Mr. Daniel Haskins 1705 Elm Street New Cumberland, PA 17070 D r a or Dated: April 10, 2007 CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing document was served upon the following, in the manner indicated below: Daniel Haskins Defendant, Pro Se 1705 Elm Street New Cumberland, PA 17070 (via first-class mail & certified mail/restricted delivery/return receipt requested) I L 1:j07 UA.,? If Cheryl . Krentzman KATHRYN C. HASKINS, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1921 CIVIL V. CIVIL ACTION - LAW DANIEL A. HASKINS, DEFENDANT IN DIVORCE ORDER OF COURT AND NOW, this 31St day of July, 2007, upon consideration of the Plaintiff's Motion to Compel Compliance with Discovery Requests, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before August 20, 2007; 3. The Prothonotary is directed to forward said Answer to this Court; 4. If no answer to the Rule to Show cause is filed by the required date, the Defendant shall answer the Plaintiffs First Set of Interrogatories and Plaintiffs First Request for Production of Documents by September 7, 2007. Failure to comply with this Order of Court may result in Defendant being held in contempt and/or subject to other sanctions. By the Court, N\ M. L. Ebert--v, , Jr., J. /ebra D. Cantor, Esquire Attorney for Plaintiff /,an'iel Haskins, Pro Se Defendant bas VINV IASNNDd 6 Q" :11 WV 1 C Inn f OQZ AWiONvH.I.Wd 34 34 MCNEES WALLACE & NURICK LLC Debra Denison Cantor, Esquire Attorney ID. No. 66378 Cheryl B. Krentzman, Esquire Attorney ID. No. 203463 100 Pine Street Harrisburg, PA 17101 Telephone: (717) 232-8000 Facsimile: (717) 237-5300 Email: dcantor _mwn.com Email: ckrentzmana-mwn.com Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KATHRYN C. HASKINS, Plaintiff V. DANIEL A. HASKINS, Defendant : NO. 04-1921 CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S MOTION FOR CONTEMPT AND SANCTIONS AND NOW, comes Plaintiff, Kathryn C. Haskins, by and through her attorneys, McNees Wallace & Nurick LLC, and hereby files this Motion for Contempt and Sanctions and, in support thereof, avers as follows: 1. Plaintiff is Kathryn C. Haskins, an adult individual currently residing at 2510 Arcona Road, Mechanicsburg, PA 17055. 2. Defendant is Daniel A. Haskins, an adult individual currently residing at 1705 Elm Street, New Cumberland, PA 17070. 3. On April 20, 2004, Plaintiff filed a Complaint in Divorce against Defendant, and subsequently filed an amendment to this complaint on July 30, 2004. 4. By way of correspondence dated April 10, 2007, discovery requests were propounded upon Defendant, consisting of Plaintiffs First Set of Interrogatories and Plaintiffs First Request for Production of Documents. Pursuant to the Pennsylvania Rules of Civil Procedure, Defendant's discovery responses were due on or before May 14, 2007. 5. On July 26, 2007, Plaintiff filed a Motion to Compel Compliance with Discovery Requests because Defendant failed to respond to the discovery requests and was not making a good faith effort to provide the requested information. In her Motion, Plaintiff also sought reimbursement from the Defendant for the reasonable costs, counsel fees and expenses associated with the preparation, filing and presentation of Plaintiffs Motion. A true and correct copy of Plaintiffs Motion to Compel is attached hereto as Exhibit "A". 6. On July 31, 2007, The Honorable Judge Ebert entered an Order issuing a Rule upon the Defendant to show cause why Plaintiff should not be granted the requested relief. The Court's Order required the Defendant to file an answer on or before August 20, 2007, and if no answer was received, Defendant was ordered to answer the discovery by September 7, 2007. The Court's Order specifically stated that "failure to comply with this Order of Court may result in Defendant being held in 2 contempt and/or subject to other sanctions." A copy of this Court's July 31, 2007 Order is attached hereto as Exhibit "B". 7. Counsel for Plaintiff served this Court's Order of July 31, 2007 upon Defendant by first class mail pursuant to Pa.R.C.P. 440(b). 8. To date, Defendant still has not produced answers to the discovery requests, nor did he answer the Court's Rule to Show Cause. 9. According to the Rules of Civil Procedure, the Court may, upon Motion, issue an Order for Sanctions against Defendant. Pa. R.C.P 4019. Additionally, pursuant to this Court's July 31, 2007 Order, the Court put Defendant on notice that failure to respond could result in Defendant being held in contempt or subject to other sanctions. 10. Plaintiff brings this Motion under the authority of Pa.R.C.P. 4019(a)(1)(i), 4019(a)(1)(vii), 4019(c)(4), and 4019(c)(5) for Defendant's failure to serve answers to written Interrogatories and failure to respond to Request for Production of Documents. 11. The failure of Defendant to answer the requests impedes Plaintiffs efforts to proceed to equitable distribution and to analyze the marital assets in this case. 12. Without Defendant providing the documentation and information to which Plaintiff is legally entitled, Plaintiff will be forced to seek the information through the use of subpoenas. Therefore, Plaintiff believes and therefore avers that all costs of the subpoena should be borne by Defendant, that Defendant should be prohibited 3 from objecting to the issuance of subpoenas and that Plaintiff should not be required to provide Notice of Intent to serve the subpoena as set forth in Rule 4009.22. 13. Plaintiff also believes and therefore avers that Defendant should be responsible for immediately paying all of the costs and invoices submitted from the various entities that will be subpoenaed. 14. Defendant is not currently represented by counsel and therefore concurrence of opposing counsel of record, pursuant to Cumberland County Rules of Procedure § 208.3(a)(9), could not be sought. Based upon the circumstances, counsel for Plaintiff does not believe that Defendant would concur with the filing of this Motion. WHEREFORE, Plaintiff, Katherine C. Haskins, respectfully requests that this Honorable Court grant this Motion and enter an Order as follows: Defendant is in contempt of this Court's July 31, 2007 Order for failure to answer the Rule to Show Cause and failure to answer the discovery requests. 2. Plaintiff may issue subpoenas to the entities with whom Defendant maintains funds or other financial relationships without serving Defendant with the Notice of Intent to Serve Subpoena that is normally required by Rule 4009.22. 3. Defendant is prohibited from objecting, in any manner, to Plaintiffs issuance of subpoenas. 4. Defendant shall be responsible for all costs associated with the filing of the subpoenas, including but not limited to attorneys fees, the costs of obtaining subpoenas from the Court, and the costs associated with the production of the requested documents from the various entities. 4 5. Defendant shall pay Plaintiff $750.00 forthwith, representing Plaintiffs reasonable costs, counsel fees and expenses associated with the preparation, filing and presentation of Plaintiffs Motion to Compel Compliance with Discovery Requests and Plaintiffs Motion for Contempt and Sanctions. Respectfully submitted, McNEES WALLACE & NURICK LLC BY (J1^11, ebra . Cantor I. D. N . 66378 Cheryl B. Krentzman I.D. No. 203463 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Dated: G A/6-7 Attorneys for Plaintiff 5 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KATHRYN C. HASKINS, Plaintiff V. DANIEL A. HASKINS, Defendant : NO. 04-1921 CIVIL ACTION - LAW IN DIVORCE ORDER AND NOW, this day of , 2007, upon consideration of Plaintiffs Motion to Compel Compliance with Discovery Requests, it is ORDERED that: 1. Defendant shall answer Plaintiffs First Set of Interrogatories and Plaintiffs First Request for Production of Documents by August 31, 2007. 2. Defendant shall be responsible for paying Plaintiffs reasonable costs, counsel fees and expenses associated with the preparation, filing and presentation of this Motion. BY THE COURT: J. Distribution: Daniel Haskins, Defendant, Pro Se, 1705 Elm Street, New Cumberland, PA 17070 Debra D. Cantor, Esquire, Attorney for Plaintiff, McNees Wallace & Nurick LLC, 100 Pine Street, P.O. Box 1166, Harrisburg, PA 17108-1166 M IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KATHRYN C. HASKINS, NO. 04-1921 Plaintiff V. DANIEL A. HASKINS, CIVIL ACTION - LAW Defendant IN DIVORCE RULE TO SHOW CAUSE AND NOW THIS day of , 2007, upon consideration of the foregoing motion, IT IS HEREBY ORDERED THAT: 1. A rule is issued upon the Defendant to Show Cause why the Plaintiff is not entitled to the relief requested. 2. The Defendant shall file an Answer to the Motion within days of this date. 3. The Motion shall be decided under Pa.R.C.P.P. No. 206.7. 4. An evidentiary hearing on disputed issues and material facts shall be held on of , 2007 in Court Room of the Cumberland County Courthouse. 5. Notice of the Entry of this Order shall be provided to all parties by Plaintiff. BY THE COURT: J. Distribution: Daniel Haskins, Defendant, Pro Se, 1705 Elm Street, New Cumberland, PA 17070 Debra D. Cantor, Esquire, Attorney for Plaintiff, McNees Wallace & Nurick LLC, 100 Pine Street, P.O. Box 1166, Harrisburg, PA 17108-1166 A MCNEES WALLACE & NURICK LLC Debra Denison Cantor, Esquire Attorney ID. No. 66378 Cheryl B. Krentzman, Esquire Attorney ID. No. 203463 100 Pine Street Harrisburg, PA 17101 Telephone: (717) 237-5297 Facsimile: (717) 260-1667 Email: dcantor[cb-mwn.com Email: ckrentzman(a-)-mwn.com Attorneys for Plaintiff a _7 r c C7 r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KATHRYN C. HASKINS, Plaintiff V. DANIEL A. HASKINS, Defendant NO. 04-1921 CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S MOTION TO COMPEL COMPLIANCE WITH DISCOVERY REQUESTS AND NOW, comes Plaintiff, Kathryn C. Haskins, by and through her attorneys, McNees Wallace & Nurick LLC, and hereby files this Motion to Compel Compliance with Discovery Requests and, in support thereof, avers as follows: 1. On April 20, 2004, Plaintiff, Kathryn C. Haskins, filed a Complaint in Divorce against Defendant Daniel A. Haskins. Thereafter, on July 30, 2004, Plaintiff filed an Amendment to her Complaint in Divorce. 2. Plaintiffs Complaint, as amended, requested the following relief: A. Divorce under §3301(c) or §3301(d) of the Divorce Code; B. Equitable Distribution; C. Alimony Pendente Lite, Alimony, Counsel Fees, Expenses and Costs. 3. By way of correspondence dated April 10, 2007, counsel for Plaintiff propounded discovery requests upon Defendant, consisting of Plaintiffs First Set of Interrogatories and Plaintiffs First Request for Production of Documents. Copies of these requests are attached hereto as Exhibit "A" and "B" respectively. Prior to serving these discovery requests, counsel for Plaintiff contacted Defendant's prior counsel of record, Diane Sommers Baker, Esquire, who indicated that she no longer represents Defendant. 4. Pursuant to the Pennsylvania Rules of Civil Procedure, Plaintiffs answers to Defendant's discovery requests were due on or before May 14, 2007. 5. To date, no response has been received from Defendant. 6. Plaintiff and her counsel do not believe that Defendant is making a good faith effort to respond to Plaintiffs discovery requests. 7. Pursuant to Pa.R.Civ.P. 1930.5, "[d]iscovery shall be available without leave of court in accordance with R.C.P. 4001 et seq. in alimony, equitable distribution, counsel fee and expense and complex support proceedings." 8. As stated above, this action involves issues of Equitable Distribution, Alimony, fees and expenses. 2 9. All of the discovery requests made by Plaintiff are within the scope of proper discovery as set forth in Pa.R.Civ.P. 4003.1-4003.6 and Pa.R.Civ.P. 4011. 10. Pa.R.Civ.P. 4005 permits a party to serve written interrogatories on any other party. 11. Pa.R.Civ.P. 4006 requires a party to answer or object to written interrogatories. 12. Pa.R.Civ.P. 4009.11 permits a party to request production of documents and things upon another party. 13. Pa.R.Civ.P. 4009.12 requires a party to respond or object to requests for production of documents and things. 14. Defendant's failure to answer Plaintiffs discovery requests impedes Plaintiffs efforts to proceed with this case. 15. As a result of Defendant's failure to answer Plaintiffs First Set of Interrogatories and Plaintiffs First Request for Production of Documents, Plaintiff has and will continue to incur reasonable counsel fees in connection with the preparation and presentation of this motion. 16. The Court has not previously ruled on any issue in this, or any related, matter. 17. Defendant is not currently represented by counsel and therefore concurrence of opposing counsel of record pursuant to Cumberland County Rule of Procedure §208.3(a)(9) could not be sought. Based upon the circumstances, counsel for Plaintiff does not believe that Defendant would concur with the filing of this Motion. 3 WHEREFORE, Plaintiff requests this Honorable Court to grant this Motion and Order as follows: Defendant shall answer Plaintiffs First Set of Interrogatories and Plaintiffs First Request for Production of Documents by August 31, 2007. 2. Defendant shall be responsible for paying Plaintiffs reasonable costs, counsel fees and expenses associated with the preparation, filing and presentation of this Motion. Respectfully submitted, McNEES WALLACE & NURICK LLC B ,,Debra?D`Cantor I.D. No. 66378 Cheryl B. Krentzman I.D. No. 203463 100 Pine Street, P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Dated: July, 2007 Attorneys for Plaintiff 4 1 MCNEES WALLACE & NURICK LLC Debra Denison Cantor, Esquire Attorney ID. No. 66378 Cheryl B. Krentzman, Esquire Attorney ID. No. 203463 100 Pine Street Harrisburg, PA 17101 Telephone: (717) 237-5297 Facsimile: (717) 260-1667 Email: dcantor(@mwn.com Email: ckrentzman(a.mwn.com Attorneys for Plaintiff KATHRYN C. HASKINS, Plaintiff V. DANIEL A. HASKINS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-1921 CIVIL CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S FIRST SET OF INTERROGATORIES TO DEFENDANT Demand is hereby made by the Plaintiff of the Defendant for answers, under oath or certification, to the following Interrogatories within the time and in the manner prescribed by the Rules of this Court. You are required to file Answers to the following Interrogatories within thirty (30) days after service upon you pursuant to Pa. R.C.P. 1920.22(b) and 4005. NOTE: Questions concerning marriage, children, and marital offenses are with relation to the other party to this suit, unless otherwise indicated. DEFINITIONS AND INSTRUCTIONS Unless negated by the context of the interrogatory, the following definitions are to be considered to be applicable to all interrogatories contained herein. (A) "Documents" is an all-inclusive term, referring to any writing and/or recorded or graphic matter, however produced or reproduced. The term "Documents" includes, without limitation, correspondence, memoranda, interoffice communications, minutes, reports, notes, schedules, analyses, drawings, diagrams, tables, graphs, charts, maps, surveys, books of account, ledgers, invoices, purchase orders, pleadings, questionnaires, contracts, bills, checks, drafts, diaries, logs, proposals, recordings, telegrams, films, tax returns, financial statements and all other such documents, tangible or retrievable of any kind. "Documents" also include any preliminary notes and drafts of all of the foregoing, in whatever form, for example, printed, typed, longhand, shorthand, on paper, paper tape, tabulating picture film, phonograph records, or other form. (B) With respect to documents, the term "Identify" means to give the date, title, author and addressee; "Identify" with respect to documents further means: (i) to describe a document sufficiently well to enable the interrogator to know what such document is and to retrieve it from a file or wherever it may be located; (ii) to describe it in a manner suitable for use as a description in a subpoena; (iii) to give the name, address, position or title of the person(s) who has custody of the document and/or copies thereof. (C) "Identify" when used in reference to an individual means: (i) to state his/her full name; (ii) to state present or last-known residence address; 2 (iii) to state present or last-known business address; (iv) to state whether ever employed by any party to this action, and if so, the dates employed by such party, the name of such party, and the last position held as an employee of such party. (D) Whenever the expression "and/or" is used in these interrogatories, the information called for should be set out both in the conjunctive and disjunctive, and wherever the information is set out in the disjunctive, it should be given separately for each and every element sought. (E) Whenever a date, amount or other computation or figure is requested, the exact date, amount or other computation or figure is to be given unless it is not known; and then, the approximated date, amount or other computation or figure is an estimate or approximation. (F) No answer is to be left blank. If the answer to an interrogatory or sub- paragraph of an interrogatory is "none" or "unknown" such statement must be written in the answer. If the question is inapplicable, "N/A" must be written in the answer. If an answer is omitted because of the claim of privilege, the basis of privilege is to be stated. (G) These interrogatories are continuing, and any information secured subsequent to the filing of your answers which would have been includable in the answers had it been known or available, are to be supplied by supplemental answers. (H) If additional space is required for an answer, attach a supplemental answer sheet, which clearly identifies the Interrogatory number. 3 r INTERROGATORIES State the date on which you and Plaintiff started living separate and apart and state the factual basis for selecting that date. ANSWER: 4 2. If you are currently employed, please identify the following a. the name of your employer; b. the title or capacity in which you are employed, and the nature of your duties. C. Your gross yearly, monthly or weekly income; if paid on an hourly basis state hourly; d. All deductions from your pay including, but not limited to, taxes, insurance, FICA, savings, loans. e. Your net yearly, monthly or weekly income. L Any bonuses received by you from your employer in the past three (3) years, indicating date and amount received; ii. Whether you participate in any profit sharing or other deferred compensation plan. f. Any benefits provided to you by your employer. ANSWER: 5 i_ 3. As to any real estate in which you now have or have had an interest at any time since September 29, 1984, whether individually, jointly, in partnership form, in corporate form, as trustee for any person, as beneficiary under any trust or held by anyone for your beneficial interest, complete one of the information sheets attached hereto and identified as FORM "A". Enter here the number of FORM A's attached ANSWER: 6 4. Please identify (by name of bank, title of account and account number) any and all banking and/or financial accounts (checking, passbook, NOW, statement saving, certificate of deposit, savings certificate, etc) in which you now have or ever had any interest, ownership or power of withdrawal whatsoever, whether individual, joint, as custodian or trustee for others or as beneficiary of an account held by another as custodian or trustee during any time from September 29, 1984 to the present, including: a. the date you opened such account or date you acquired your interest therein; b. the name and address of any other person who has either an ownership interest or power to withdraw funds from such account; G. all identifying information (including name on account and institution name) for any account in which your name does not appear, in which you deposited or withdrew monies. d. The balance as of: i. September 29, 1984; ii. June 1, 2003 and your date of separation, if different; and Present. ANSWER: 7 5. Please identify any and all bonds, stocks, other securities, mutual funds, money market funds in which you now have or have had any interest whatsoever from September 29, 1984 to present, whether individual, joint, as custodian or trustee for others or as beneficiary of an account held by another as custodian or trustee. (Include securities even if interest or dividends thereon are exempt for taxation). ANSWER: 8 6. Please identify each pension or other retirement plan, IRA, Keogh, etc. in which you now participate or have participated at any time, including: a. The nature of the Plan (IRA, Keogh, Defined Benefit Plan, etc.); b. The date on which you opened the account or date on which your participation in the plan commenced; C. The named beneficiary of the plan; d. Whether you take loans against or liquidate your interest in the plan; and e. The balance as of: L September 29,1984; ii. June 1, 2003 and your date of separation, if different; and iii. Present. ANSWER: 9 L Y 7. Please identify any deferred compensation plan in which you now participate or have participated at any time, including: a. The date on which you opened the account or date on which your participation in the plan commenced; b. The amount and date of any liquidation of your interest in the plan, or loan taken against the plan; C. The balance as of: i. September 29, 1984; ii. June 1, 2003 and your date of separation, if different; and iii. Present. ANSWER: 10 r 8. Please identify any and all credit cards or charge accounts maintained by you at present or at any time during the period from September 29, 1984 to present, whether in your individual name or jointly with others, including but not limited to: a. the issuer of credit; b. the account number; C. the names listed on the account; d. the opening date of the account; and e. The balance as of: i. September 29, 1984; ii. June 1, 2003 and your date of separation, if different; and iii. Present. ANSWER: 11 l 9. Please identify any loan or credit that you have applied for and/or received, either individually or jointly with any other party, during the period from September 29, 1984 to present, including but not limited to: a. the date and amount applied for and borrowed; b. the name of the party borrowed from; C. the identity of any co-signers, co-borrowers or guarantors; d. the rate of interest e. the dates and amounts of any payments; and f. the present unpaid amount. ANSWER: 12 } 10. Identify by make, model and year any automobile, truck, camper, mobile home, motorcycle, boat, airplane or vehicle of any nature that you own or have an interest therein, and indicate: a. The date the vehicle was acquired and the purchase price b. Any liens or encumbrances against such vehicle and the current status of said liens or encumbrances; i. how the title is held; ii. the fair market value as of: iii. June 1, 2003 and your date of separation, if different; and iv. Present ANSWER: 13 11. If you have been the beneficiary of an estate, please identify: a. the name of the estate; b. the total amount of income and/or assets received; C. the disposition of the income and/or assets that you received. ANSWER: 12. Please identify, by location of institution and contents, any safe deposit box or depository, which you have had or used from September 29, 1984 to present. ANSWER: 14 13. Please indicate whether there is any money owing to you, including, but not limited to judgments, notes, contract rights, loans, assignments etc. and state the nature and amount of each obligation, as well as the current balance due. ANSWER: 14. Please list all life insurance policies in which you are the owner, insured or beneficiary, and set forth: a. The identity of insurance company and policy number; b. The face amount c. The type (either term or whole life); d. The identity of the owner, insured, and beneficiary and any relationship to you; e. The annual premiums and the payor; and f. Present cash surrender value. ANSWER: 15 i i 15. List any and all assets you owned as of the date of this marriage and identify all documents supporting your ownership of the asset and your valuation of it. As to each such asset, state the value thereof as of: a. September 29, 1984; b. June 1, 2003 and your date of separation, if different; and c. Present. ANSWER: 16. List any and all liabilities you owed as of the date of this marriage and identify all documents supporting the amount owed. As to each such liability, state the amount of same as of: a. September 29, 1984; b. June 1, 2003 and your date of separation, if different; and c. Present. ANSWER: 16 - -J' 17. List any and all transactions to which you were a party, including withdrawals from any accounts, in excess of $1,000 from June 1, 2003 (or your date of separation, if earlier), to the present. ANSWER: 18. Please list any and all payments you have made and expenses that you have incurred since June 1, 2003 for maintenance and improvements to the property located at 1705 Elm Street, New Cumberland, PA, and identify the source of funds used to make payments toward such expenses. ANSWER: 17 19. Please list any and all payments you have made and expenses that you have incurred since June 1, 2003 on behalf of your son Danny Haskins, including but not limited to living expenses (for example, food, gas, clothes, toiletries, entertainment, etc.), housing expenses, payments for coaching, ice skating equipment, skating fees, vehicle repairs and computer equipment, and identify the source of funds used to make payments toward such expenses. ANSWER: McNEES WALLACE & NURICK LLC BY?" 0,40 ls 1 Debra Denison Cantor I.D. No. 66378 Cheryl B. Krentzman I.D. No. 203463 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5297 Attorneys for Plaintiff Dated: April 10, 2007 18 REAL ESTATE INFORMATION FORM "A" (INTERROGATORY #3) (NOTE: Complete one (1) Form "A" for each real estate interest) A. Address of property: ANSWER: B. Type of property (e.g., condo, single family residence, unimproved lot, commercial, etc). ANSWER: C. Nature of your interest. ANSWER: D. Date of acquisition. ANSWER: E. Method of acquisition (purchase, inherited gift). ANSWER: F. Name(s) in which title recorded. ANSWER: G. Purchase price or value at acquisition, including. 1. Amount of down payment contributed by you; 2. Amount of down payment contributed by others; name these others; and 3. Source of funds for purchase. 19 H. Your best estimate of: 1. Market value as of September 29, 1984; 2. Market value as of June 1, 2004, and your date of separation, if different; 3. Present market value. ANSWER: I. Present assessment for tax purposes; setting forth assessments for land and improvements separately. ANSWER: J. Name and address of any co-owners and extent and nature of their interest. ANSWER: K. Cost of maintenance of the residence, including, but not limited to, repairs, utilities, mortgages, taxes and any other expenses (itemizing each item specifically). ANSWER: L. If presently owned, list all improvements made to property since date of acquisition, including the date the improvement that was made, nature of improvement and costs thereof. ANSWER: M. As to any mortgage, encumbrance or lien of any nature, provide: 1. Identity of mortgagee or holder of encumbrance; 2. Identity of any co-mortgagors; 3. Amount of original mortgage or encumbrance; 4. Amount of obligation as of September 29, 1984; 5. Amount of obligation as of June 1, 2003, and your date of separation, if different; 6. Amount of present outstanding obligation; 20 - °> 7. Original term of obligation; 8. Remaining term of obligation; and 9. Monthly Payment Amount. ANSWER: N. If the property or your interest therein has been sold or otherwise transferred, state: 1. Date of sale or transfer; 2. Identity of transferee(s); 3. Consideration paid for transfer; 4. Terms of sale or transfer; 5. Whether any portion of the sale price is still due by way of note, bond or mortgage and, if so, state terms and amount due; and 6. the disposition of the proceeds. ANSWER: 21 1 0. If any real estate produces rental income or other income, set forth: 1. address of property; 2. name and address of each person from whom rent or other income was received; 3. amount received from each person per year; 4. portion of premises rented to each person; and 5. itemization of all expenses of maintaining that real estate. ANSWER: Dated: April 10, 2007 McNEES WALLACE & NURICK LLC -By s - _....Dbe Denis antor I.D. No. 66378 Cheryl B. Krentzman I.D. No. 203463 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5297 Attorneys for Plaintiff 22 g CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a copy of the foregoing document was served by first class mail, postage prepaid, upon the following: Mr. Daniel Haskins 1705 Elm Street New Cumberland, PA 17070 D r . a or Dated: April 10, 2007 ?' F T r MCNEES WALLACE & NURICK LLC Debra Denison Cantor, Esquire Attorney I.D. No. 66378 Cheryl B. Krentzman, Esquire Attorney I.D. No. 203463 100 Pine Street Harrisburg, PA 17108 Telephone: (717) 237-5297 Facsimile: (717) 237-5300 Email: dcantorr(a mwn.com Email: ckrentzman(aD-mwn.com Attorneys for Plaintiff KATHRYN C. HASKINS, Plaintiff V. DANIEL A. HASKINS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1921 CIVIL CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS Pursuant to Rule 4009 of the Pennsylvania Rules of Civil Procedure, the undersigned directs you to produce at the offices of Debra D. Cantor, Esquire, McNees Wallace & Nurick LLC, 100 Pine Street, P.O. Box 1166, Harrisburg, Pennsylvania 17108- 1166, within thirty (30) days of service of this request and to permit the undersigned, or designated representative or agents, to inspect and copy, or cause to be copied, the following documents in your possession, custody and control: GENERAL INSTRUCTIONS AND DIRECTIONS: a. A. The term "Defendant" shall include, in addition to the named party Defendant, his attorneys, accountants, agents, consultants, servants, employees, representative and parties holding in trust for Defendant and others who are in possession of or who may have obtained information for or on behalf of the said named party Defendant. B. The word "Document" or "Documents" as used herein shall include without limitation, the original and not-identical copy, whether different from the original by reason of any notation made on such copies or otherwise, of any written, recorded or graphic matter, however produced or reproduced, including but not limited to, any correspondence, memoranda, notes, press releases, diaries, calendars, telegrams, reports, transcripts of telephone conversations, agenda, statistics, minutes, contracts, purchase orders, studies, checks, statements, receipts, returns, summaries, pamphlets, books, inter-office and intra- office communications, offers, bulletins, computer printouts, teletypes, telefax, invoices, worksheets, and all drafts, alterations, modifications, change and amendments of any of the foregoing, or any other writings or documentary material of any natures whatsoever, together with any attachments thereto and enclosures therewith, any other photographic and retrievable matter (whether taped or coded electrostatically, electromagnetically, or otherwise) in the possession, custody or control of Defendant. C. As used herein, a "communication" is a transmission or exchange of information, written or oral, formal or informal, regarding any event, action taken, or policy here inquired into. D. The words "person" or "person" shall mean all natural persons and all entities including, but not limited to, corporations, associations, companies, partnership, 2 l ? municipalities, agencies, banks, departments, and all other similar associations. "Person" or "Persons" is not limited to natural person. 11. INSTRUCTIONS: 1. Each document request is to be answered separately. 2. For each document asserted to be privileged or otherwise excludable from discovery, you are requested to provide the following information: the author, the recipient or addressee, all courtesy copy recipients, the date, a description of the document, the basis for the privilege being claimed, and the request to which the document is responsive. 3. The documents identified in Section III below refer not only to documents in your possession over which you maintain the ability to gain or regain in your possession. 4. This request is continuing in character and requires DANIEL HASKINS to provide any supplemental documents if, prior to trial, any of them should obtain any additional or supplemental documents which are responsive to this request. 3 Ill. DOCUMENTS TO BE PRODUCED: Please provide copies of your Federal and State individual and/or joint income tax returns, including W-2 forms and all attached schedules for the last five (5) years. RESPONSE: 2. Please provide copies of all paystubs/pay statements for your employment, if any, for the last six (6) months. RESPONSE: 4 3. Please provide a copy of your most recent Social Security earnings statement. RESPONSE: 4. Please provide any and all financial statements prepared by you or on your behalf since June 1, 2003 for you and/or any business in which you have an interest. RESPONSE: 5 w 5. For any and all real estate identified in your answers to Interrogatory No. 3, please provide: a. settlement sheets for purchases/sales b. deeds c. tax assessments d. any and all appraisals RESPONSE: 6. For any and all real estate identified in your answers to Interrogatory No. 3, please provide documentation supporting your estimate of the market value on the following dates: a. September 29, 1984; b. June 1, 2003 and your date of separation, if different; and c. Present. RESPONSE: 6 t 7. For any and all real estate identified in your answers to Interrogatory No. 3, please provide copies of mortgages, mortgage notes and other encumbrances. RESPONSE: 8. For any and all real estate identified in your answers to Interrogatory No. 3, please provide statements and other documentation verifying the balance of any mortgage(s), encumbrance(s), or lien(s) of any kind on the following dates: a. September 29, 1984; b. June 1, 2003 and your date of separation, if different; and c. Present. RESPONSE: 7 I F i 9. For each banking account (checking, passbook, NOW, statement savings, certificate of deposit, savings certificate, etc.) in which you now have or had an interest, ownership or power of withdrawal whatsoever, whether individual, joint, as custodian or trustee for others or as beneficiary of an account held by another custodian or trustee, please provide statements evidencing the balance on the following dates: a. September 29, 1984; b. June 1, 2003 and your date of separation, if different; and c. Present. RESPONSE: 10. For any and all bonds, stocks, other securities, mutual funds, money market funds in which you now have or had interest whatsoever, whether individual, joint, as custodian or trustee for others or as beneficiary of an account held by another as custodian or trustee. (include securities even if interest or dividends thereon are exempt for taxation), please provide statements evidencing the balance on the following dates: a. September 29, 1984; b. June 1, 2003 and your date of separation, if different; and c. Present. RESPONSE: 8 r r- ? 11. For any account with any security dealer or broker you currently have or had any interest whatsoever, please provide statements evidencing the balance on the following dates: a. September 29, 1984; b. June 1, 2003 and your date of separation, if different; and c. Present. RESPONSE: 12. For each pension or other retirement plan, IRA, Keogh, etc. in which you now participate or have participated, please provide statements evidencing the balance on the following dates: a. September 29, 1984; b. June 1, 2003 and your date of separation, if different; and c. Present. RESPONSE: 9 13. For each deferred compensation plan in which you now participate or have participated, please provide statements evidencing: a. The date and amount of any and all liquidation of your interest in the plan, or loan taken against the plan; b. The balance on the following dates: i. September 29, 1984; ii. June 1, 2003 and your date of separation, if different; and iii. Present. RESPONSE: 14. For each banking and/or financial account into which you now have or had funds contained although the account was held by another party, please provide statements evidencing the balance on the following dates: a. September 29, 1984; b. June 1, 2003 and your date of separation, if different; and c. Present. RESPONSE: 10 h 15. For each credit card or charge account maintained by you at present or previously, whether in your individual name or jointly with others, please provide statements evidencing the balance on the following dates: a. September 29, 1984; b. June 1, 2003 and your date of separation, if different; and c. Present. RESPONSE: 16. For any and all loans or credit that you have applied for and/or received, either individually or jointly with any other party, during the period from September 29, 1984 to present, please provide all applications and loan documents, including the opening account documentation, and statements evidencing the balance on the following dates: a. September 29, 1984; b. June 1, 2003 and your date of separation, if different; and c. Present. RESPONSE: 11 17. Please provide any documentation supporting the fair market value, and lien or encumbrance for any and all vehicles you identified in your response to Interrogatory No. 10, for the following dates: a. September 29, 1984; b. June 1, 2003 and your date of separation, if different; and c. Present. RESPONSE: 18. Please provide copies of all documents relating to your status as a beneficiary of an estate from which you received any income or assets. RESPONSE: 12 19. Please provide documentation evidencing any and all money owed to you that you identified in your answer to Interrogatory No. 13, including, but not limited to judgments, notes, contract rights, loans, assignments etc, and include documentation showing the current balance owed. RESPONSE: 20. Please provide documentation for all life insurance policies identified in your answer to Interrogatory No. 14 including documentation evidencing the type of policy, face value, cash value, ownership and beneficiary. RESPONSE: 13 21. For any and all assets you owned as of the date of this marriage that you identified in your answer to Interrogatory No. 15, please provide documentation supporting the value of said assets as of the following dates: a. September 29, 1984; b. June 1, 2003 and your date of separation, if different; and c. Present. RESPONSE: 22. For any and all liabilities you owed as of the date of this marriage that you identified in your answer to Interrogatory No. 16, please provide documentation supporting the amount of said liabilities as of the following dates: a. September 29, 1984; b. June 1, 2003 and your date of separation, if different; and c. Present. RESPONSE: 14 23. Please provide any and all documentation, including cancelled checks, for any and all transactions to which you were a party, including withdrawals from any accounts, in excess of $1,000 from June 1, 2003 (or your date of separation, if earlier) to the present that you identified in your answer to Interrogatory No. 17. RESPONSE: 24. Please provide any and all documentation, including cancelled checks for any and all payments you have made and expenses that you have incurred since June 1, 2003 for maintenance and improvements to the property located at 1705 Elm Street, New Cumberland, PA, that you identified in your answer to Interrogatory No. 18. RESPONSE: 15 25. Please provide any and all documentation, including cancelled checks for any and all payments you have made and expenses that you have incurred since June 1, 2003 on behalf of your son Danny Haskins that you identified in your answer to Interrogatory No. 19. RESPONSE: 26. Please provide any documentation utilized in your answers to Interrogatories which were served on you, along with this Request for Production of Documents. RESPONSE: McNEES WALLACE & NURICK LLC Dated: April 10, 2007 By ?--- ra Denison Cantor I.D. No. 66378 Cheryl B. Krentzman I.D. No. 203463 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5297 Attorneys for Plaintiff 16 r CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a copy of the foregoing document was served by first class mail, postage prepaid, upon the following: Mr. Daniel Haskins 1705 Elm Street New Cumberland, PA 17070 Dated: April 10, 2007 KATHRYN C. HASKINS, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1921 CIVIL V. CIVIL ACTION - LAW DANIEL A. HASKINS, DEFENDANT IN DIVORCE ORDER OF COURT AND NOW, this 31St day of July, 2007, upon consideration of the Plaintiff's Motion to Compel Compliance with Discovery Requests, IT IS HEREBY ORDERED AND DIRECTED that: gt/G 1. A Rule is issued upon the Defendant to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before August 20, 2007; 3. The Prothonotary is directed to forward said Answer to this Court; 4. If no answer to the Rule to Show cause is filed by the required date, the Defendant shall answer the Plaintiffs First Set of Interrogatories and Plaintiffs First Request for Production of Documents by September 7, 2007. Failure to comply with this Order of Court may result in Defendant being held in contempt and/or subject to other sanctions. By the Court, '*\ --?' M. L. Ebert, Jr., J. Debra D. Cantor, Esquire Attorney for Plaintiff Daniel Haskins, Pro Se Defendant bas CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing document was served upon the following, in the manner indicated below: Daniel Haskins Defendant, Pro Se 1705 Elm Street New Cumberland, PA 17070 (via rirst-class mail & certified mail/restricted delivery/return receipt requested) B enda illiams, Date: 10131,1?)07 Legal Secretary for Cheryl B. Krentzman N C? r? - 1 CO KATHRYN C. HASKINS, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. : IN DIVORCE DANIEL A. HASKINS, DEFENDANT NO. 04-1921 CIVIL ORDER OF COURT AND NOW, this 15th day of October, 2007, upon consideration of the Plaintiff's Motion for Contempt and Sanctions, IT IS HEREBY ORDERED AND DIRECTED that a hearing shall be held on Friday, November 30, 2007, at 8:30 a.m. in Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. IT IS FURTHER ORDERED AND DIRECTED that the Sheriff shall serve the Defendant with a copy of this order. Should the Defendant fail to appear as directed, a warrant shall issue for his arrest. Debra Cantor, Esquire Attorney for Plaintiff niel Haskins, Defendant 1705 Elm Street New Cumberland, PA 17070 Cumberland County Sheriff's Dept. bas ?? I?eee.saLlaCe 4 By the Court, M. L. Ebert, Jr., J. t 1J UR1C. . ?; Lasf?,?,'•??fi????';1'?3 ?? KATHRYN C. HASKINS, Plaintiff V. DANIEL A. HASKINS, Defendant IN RE: CONTEMPT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 04-1921 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE ORDER OF COURT AND NOW, this 30th day of November, 2007, this being the time and place set for a hearing regarding plaintiff's motion for contempt and sanctions, the defendant having appeared and having requested a continuance of this matter to obtain counsel, IT IS HEREBY ORDERED AND DIRECTED that the defendant shall obtain counsel and shall appear in this courtroom at 8:30 a.m., on Monday, December 10, 2007, with counsel. At that time, in the presence of counsel, this hearing will be rescheduled or it will be determined whether or not counsel will be able to provide the discovery that is required in this particular case. By the Court, ?? -\" ?7" \1 M. L. Ebert, Jr., 'J Debra Dennison Cantor, Esquire 2331 Market Street Camp Hill, Pa. 17011 For the Plaintiff Daniel A. Haskins, Defendant 1705 Elm Street New Cumberland, Pa. 17070 00 P1 1ES rn?t Lk /a/ Z/v7 mtf Z I: I I WV L- 030 LG Z 34 10 SHERIFF'S RETURN - REGULAR CASE NO: 2004-01921 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HASKINS KATHRYN C VS HASKINS DANIEL A TIMOTHY BLACK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within ORDER OF COURT was served upon HASKINS DANIEL A the RESPONDANT , at 1450:00 HOURS, on the 31st day of October , 2007 at 1705 ELM STREET NEW CUMBERLAND, PA 17070 by handing to CHARLES HASKINS, SON a true and attested copy of ORDER OF COURT together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 32.64 Affidavit .00 Surcharge 10.00 .00 60.64 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 00/00/0000 By: Deputy Sheriff A. D. McNEES WALLACE & NURICK LLC By: Debra D. Cantor Attorney ID No. 66378 100 Pine Street Harrisburg, PA 17108-1166 (717) 237-5478 (717) 260-1667 facsimile dcantor(amwn.com Attorneys for Defendant KATHRYN C. HASKINS, Plaintiff V. DANIEL A. HASKINS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-1921 CIVIL CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S MOTION FOR CONTEMPT AND SANCTIONS AND NOW, comes Plaintiff, Kathy C. Haskins, by and through her attorneys, McNees Wallace & Nurick LLC, and files this Motion for Contempt and Sanctions and in support thereof avers as follows: 1. Plaintiff is Kathryn C. Haskins, an adult individual residing at 2510 Arcona Road, Mechanicsburg, Pa., 17055. 2. Defendant is Daniel A. Haskins, an adult individual residing at 1705 Elm Street, New Cumberland, Pa., 17070. 3. On April 20, 2004, Plaintiff filed a Complaint in Divorce against Defendant and subsequently filed an amendment to this Complaint on July 30, 2004. 4. On April 10, 2007 discovery requests were propounded upon Defendant consisting of Plaintiffs First Set of Interrogatories and Plaintiffs First Request for Production of Documents. No responses were forthcoming. 5. On July 26, 2007 Plaintiff filed a Motion to Compel compliance with discovery requests. 6. Plaintiff also sought reimbursement for reasonable costs, counsel fees and expenses. 7. The Court subsequently issued a Rule to Show Cause to which no reply was received. 8. On October 4, 2007, Plaintiff filed her first Motion for Contempt and Sanctions for failure to comply with this Court's Order. A hearing was scheduled on November 30, 2007 at 8:30 a.m. before the Honorable Judge M.L. Ebert. 9. Defendant appeared for the hearing without counsel. This Honorable Court directed Defendant to appear at a hearing on December 10, 2007, at 8:30 a.m. with counsel. Plaintiff and her counsel were advised that they need not attend. 10. On December 10, 2007 Defendant Daniel Haskins appeared before Judge Ebert with counsel, Kara W. Haggerty, of Abom & Kutulakis LLP. It is believed and therefore averred that Defendant agreed to provide discovery responses in the immediate future. 11. Many subsequent conversations have occurred between Plaintiffs counsel and Defendant's counsel in the two months since the hearing. 12. A settlement offer was proposed by Plaintiff and rejected by Defendant. Defendant has failed to provide any of the information asked for in discovery. 13. At this juncture, Plaintiff is faced with the exact same circumstances she has faced since the inception of this matter. Plaintiff is unable to proceed with her case due to lack of information, has incurred significant counsel fees and costs in pursuit of discovery, and has been stonewalled by Defendant. 14. Defendant's counsel has not been able to obtain compliance from Defendant. 2 15. Defendant's counsel does not concur with this Motion. 16. The Honorable M.L. Ebert has conducted prior hearings in this case. WHEREFORE, Plaintiff requests that this Honorable Court grant her attorneys' fees and costs in the amount of $2,500, find Defendant in Contempt, and prohibit Defendant from providing any evidence in support of his claim at a Master's hearing. Respectfully submitted, McNEES WALLACE & NURICK LLC B ) b C r No. 6378 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5297 (717) 260-1667 (fax) dcantor a-mwn.com Attorneys for Plaintiff, Kathy C. Haskins Dated: February 28, 2008 3 CERTIFICATE OF SERVICE AND NOW, this 28th day of February 2008, 1 hereby verify that I have caused a true and correct copy of the foregoing document to be placed in the U.S. mail, first class, postage prepaid and addressed as follows: Kara W. Haggerty, Esquire Abom & Kutulakis LLP 36 S. Hanover Street Carlisle, PA 17013-3306 /Debr nt - 7 Y. 71 1i? ? h ^k' - CIO .. `7 01-1 ti KATHRYN C. HASKINS, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. : IN DIVORCE DANIEL A. HASKINS, DEFENDANT NO. 04-1921 CIVIL ORDER OF COURT AND NOW, this 25th day of March, 2008, upon consideration of the Plaintiff's Motion for Contempt and Sanctions, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant, Daniel A. Haskins, to show cause why the Plaintiff is not entitled to the relief requested; 2. Petitioner shall effect service of this Order upon the Defendant; 3. The Defendant shall file an Answer on or before April 21, 2008; 4. Said Answer shall be forwarded to this Court by the Prothonotary; 4. A hearing shall be held on Thursday, May 8, 2008, at 2:00 p.m. in Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, PA. By the Court, bra Cantor, Esquire XA t orney for Plaintiff ,,Xara W. Haggerty, Esquire Attorney for Defendant ,Aaniel Haskins, Defendant J 1705 Elm Street New Cumberland, PA 17070 bas 1?k -4,' ?4V M. L. Ebert, Jr., 0 J. 10; .C IM -qG ?Jvw RPJGZ Ad Y? IrAB OM & U ULAKIS Kara W. Haggerty, Esquire Attorney I.D. #: 86914 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 KATHRYN C. HASKINS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO.: 04-1921 CIVIL DANIEL A. HASKINS, CIVIL ACTION -LAW Defendant IN DIVORCE TO THE HONORABLE M.L. EBERT, JR., JUDGE OF SAID COURT: DEFENDANT'S ANSWER TO PLAINTIFF'S MOTION FOR CONTEMPT AND SANCTIONS AND NOW, comes Defendant, Daniel A. Haskins, by and through his attorney, Kara W. Haggerty, Esquire, of Abom & Kutulakis, L.L.P., and files this Answer To Plaintiff's Motion for Contempt and Sanctions, and in support thereof avers as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted in part, denied in part. It is admitted that on April 10, 2007 discovery requests were propounded upon Defendant consisting of Plaintiffs First Set of Interrogatories and Plaintiffs First Request for Production of Documents. It is specifically denied that no responses were forthcoming, and specific proof thereof is demanded. 5. Admitted. 6. Admitted. 7. Admitted in part, denied in part. It is admitted that the Court subsequently issued a Rule to Show Cause. Defendant's counsel is without specific information or knowledge to answer whether a reply was received; therefore, same is denied and strict proof thereof is demanded. 8. Admitted. 9. Admitted. 10. Admitted. 11. Admitted. 12. Admitted. 13. Denied. It is specifically denied that Plaintiff is faced with the exact same circumstances she has faced since the inception of this matter. It is specifically denied that Plaintiff is unable to proceed with her case due to lack of information. It is specifically denied that Plaintiff has incurred significant counsel fees and costs in pursuit of discovery. It is specifically denied that Plaintiff has been stonewalled by Defendant. Strict proof of the claims averred herein is demanded. By way of further answer, the parties had signed an Antenuptial Agreement that disposes of all present and future marital property. (A copy of the Antenuptial Agreement is attached hereto as `Exhibit A?. 14. Admitted. 15. Admitted. 16. Admitted. WHEREFORE, Defendant respectfully requests This Honorable Court deny Plaintiff's Motion For Contempt and Sanctions. Respectfully submitted, AB M& KZTT'UI.AKIS, L.L.P. Kara W. Haggerty 36 South Hanover eet Carlisle, PA 17013 (717) 249-0900 Attorney for Defendant ANTENUPTIAL AGREEMENT A THIS AGREEMENT made this day of 1984, between DANIEL A. HASKINS, party of the first part, and KATHRYN POYNOR, party of the second part: WITNESSETH: WHEREAS, it is the intention of the parties hereto to enter into a marriage contract, which marriage shall shortly be solemnized by and between the parties; and WHEREAS, the intended husband is the owner of certain real estate and personal property, the value of which has been fully demonstrated to the intended wife, and the latest compilation of the said property of the intended husband is attached hereto and made a part hereof and marked Exhibit"A and - . WHEREAS, it has been made known to the intended husband that the intended wife has certain cash assets.in the bank and is the owner of a vehicle and has a potential inheritance which may innure to her benefit, and the latest compilation of the said property of the intended wife is attached hereto and made a part hereof and marked Exhibit "B"; and WHEREAS, it is the intention of the parties to waive, relinquish and bar all of their inchoate, intestate or other rights or interests, either as the husband or widower or the wife or widow, in and to any property now or hereafter owned or acquired by either party, including but not limited to rights of either party to equitable distribution, alimony, alimony pendente lite or support; and WHEREAS, both parties are adult individuals and have been married previously and divorced and are capable of and in fact have been existing in their own areas of employment without the assistance or contribution of either to the success of the other or to the continued enjoyment of such occupation of the other; and WHEREAS, both parties recognize that their assets have been accumulated over a period of years through various means and through their own labors, each recognizing that neither - 2 - has contributed in any way to the accumulation of the estate of the other. NOW, THEREFORE, intending to be legally bound hereby, the following contract and agreement is entered into. 1. Each party is now aware of the assets of the other party as demonstrated by the attached Exhibits "A" and "B", and realizes that there may be some differences unknown to either party, but such differences shall have no effect on the efficacy of this Agreement, if in fact any exist, and the parties hereby relinquish any and all rights to the estate of the other which they may have or might in the future accrue by any means whatsoever, but with the full understanding that by this Agreement no rights will accrue to either in the estates which now exist or might in the future exist in the other. Each party shall therefore be guaranteed the right to dispose of his or her estate in accordance with his or her own desires, without interference or claim by the other party. 2. There is no agreement with respect to payment or contribution from either to the other, and in lieu of such agreement each party shall remain the owner of his or her own property as outlined herein. - 3 - 3. It is agreed that no claim for support, alimony, expenses, lost wages, lost employment opportunities or any other claim shall be claimed or obtainable by either party against the other party. 4. No rights in any property, real, personal or mixed, shall accrue to either party by virtue of the parties' marriage. However, nothing herein contained shall prohibit either party from giving by gift, bequest or devise anything that either might desire to give to the other or to any other person, but nothing herein contained shall in any way bring forth a claim or cause of action should either party not desire to execute such gift, devise or bequest. 5. Neither party desires to be made aware of the value of the estate of the other party, other than is herein designated, and relinquishes all right to any estate that has accrued or may hereafter accrue of every nature except as it may be voluntarily given by either party to the other party by gift or by will. 6. No claim of any kind shall be made by either party for increases in value of non-marital property or property - 4 - exchanged for other property, or for any other matter whatsoever during the course of the marriage and thereafter, and each party relinquishes all claims which either might have against the other party or his estate and relinquishes all rights of dower, curtesy, support, alimony, alimony pendente lite, equitable distribution, statutory rights, including the right to elect to take against the will of the other, family exemption or otherwise, and all rights of inheritance. 7. Either party may by trust, gift or will make any transfer or gift to the other party during the marriage, which gift, devise or bequest will not be effected by the limitations in this Agreement but shall be the property of the person to whom such gift, bequest or devise might be designated. 8. This Agreement in all other respects shall remain in full force and effect. 9. During the continuance of the marriage relationship herein contemplated, each of the parties shall have the full power, complete and specific right to own, control or otherwise deal with and dispose of his or her separate property, real or personal, the same as if the marriage relationship did not exist, and each of the parties shall have the right to dispose 5 i of or sell any and all real or personal property now or hereafter owned by each of the said parties, without the joinder of the other party, except property which is specifically designated as jointly owned property. This would be true even though such sale or disposition might reduce any benefits which might eventually be available to either party. 10. Should any law presently existing or enacted in the future effect this Agreement in any way, the parties agree that the present law shall govern, and each party irrevocably appoints the other party as his or her attorney-in-fact to complete any matters herein contained and to do any acts necessary for such completion. 11. Purpose and intent of this Agreement is to fully and perfectly and completely define and limit the claims and demands which each of the parties to this Agreement during the marriage or surviving the other shall or may have against the other or the estate of the other. 12. This Agreement is made and entered into with the full knowledge on the part of each of the parties that each has a separate estate and that each is aware by independent - 6 - knowledge of the general amount of the estate of the other, in addition to what is herein noted. 13. In the event the parties are married and living together at the time of the death of the intended husband, the home in which the parties are living and the automobile which is being driven by the intended wife shall be the property of the intended wife, unless the husband shall have executed a document indicating the wife continues to reside in the house against the wishes and desires of the husband or that the parties are residing in the house not as husband and wife. In that event, the property shall remain the sole property of the husband, and shall be disposed of in accordance with the direction of the husband's will. 14. It is expressly agreed and understood that each of the parties consider his or her respective estate such that notwithstanding anything to the contrary, they voluntarily make this relinquishment that each estate can remain his or her own, to be disposed of in accordance with his or her own desires. 15. Gratuitous support payments may be made without effecting the total significance of this Agreement. 16. No claim shall be made by either party to the proceeds of the sale of any portion of the estate of the other. 17. Each of the parties hereto have the ability to read, write and understand this Agreement, and each has been given an opportunity before signing the same to consider the contents and validity hereof. 18. It is understood that neither party hereto has aided in the accumulation of the wealth of the other party. 19. This Agreement is executed with the full realization and understanding that the separate estates of the parties are not equal in amount. 20. The releases herein noted shall be binding upon each of the parties hereto, their heirs, personal representatives and assigns. 21. This writing contains the entire Agreement between the parties and shall not be altered, supplemented or amended by parol. 8- 22. Each party asserts that by being able to retain his or her respective estate each is satisfied that this is a reasonable division and sufficient for future needs, bearing in mind the age and condition of each party and the additional stipulations contained in this Agreement, and that the desire for this marriage to be entered into is of such vital importance to the parties signing this Agreement that each desires to execute this Agreement with the contents as herein indicated to be governing notwithstanding any inequities or the appearance of inequities that may be contained herein. 23. The parties agree that during the term of this marriage, whether the parties are living together or separated, neither party will be responsible for any liabilities or debts of the other party, unless the accumulation of such debt or liability was done with the permission of the other. In the event either party shall permit the other party to use the name of such party for obtaining credit, such as by the use of credit cards, the liability of each respective party will be limited to those items which the other party was aware of at the time of purchase and for which permission was granted to obtain the said purchase. Each party agrees to indemnify the other party for anything which the other party might be called upon to be responsible for in violation of this Agreement. - 9 - Neither party will be responsible for items purchased on credit or credit cards by the other, for which that party has not by writing authorized the issuance of such card or the issuance of such credit. 24. A separation between the parties herein for any reason shall not be considered an abandonment or nullification of this Agreement. 25. In the event any portion of this Agreement should be deemed invalid, the other portions of this Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written, intending to be legally bound hereby. WITNESSES: i t (SEAL) DANIEL A. HASKI S C, (SEAL) "AF HRYN POYNOR - 10 - ASSETS OF DANIEL A. HASKINS 1. House at 995 Old Rossville Road, Lewisberry, Pennsylvania $ 70,000.00 2. Furniture and personal property 10,000.00 3. 1978 BMW automobile 10,000.00 4. Cash, savings, checking accounts 3,000.00 5. Life insurance - cash value 2,500.00 6. Retirement - present value 47 631.69 7. Boat and motor 1,500.00 8. Social security benefits (See exhibit "C") TOTAL $144,631.00 The attached exhibit is the basis for social security benefits. Mr. Haskins could conceivably be the recipient of an inheritance from his mother which could be very substantial. EXHIBIT "A" ASSETS OF KATHRYN POYNER 1. 1969 Volkswagen vehicle 2. Savings account TOTAL $ 1,000.00 1,500.00 $ 2,500.00 EXHIBIT "B" Social .?ecurity. Summary Statement of Earnings F RUM:DrF ICE C.F CENTRAL REC(JkGS UPERATIONS CATE:SEPTEME=R 04, 1984 3L`0 N. Gr;ELNE STF:cEI BALTIMOPC_ , MARYLAND 21201 DANIEL A HASKIfvS :>C;CIAL SECURITY NUMEEK: IS 0-2-4-S 154 995 OLD RGSSVILLE Kj NAME: DANIEL A HASKINS LEWISBEkKY PA LATE OF BIRTH: 04/26/45 17339 THIS IS A STATEMENT Gi- THE LAF N1NG-o SHOWN DN YOUR SOCIAL SECURITY RECuKD. INCLUuED AR_ WAGES YOU HAVE HAD FOR COVERED EMPLOYMENT AFTEK 193t AND ANY EARNINGS FRUM COVERED SELF-EMPLOYMENT AFTER 1,Y50. FECAUSF- OF Tf:c 11ME NFEDEu TO PROCESS ANNUAL WAGE REPORTS, THIS STA.7LMENT WILL NOT INCLULE YOUR EARNINGS FoR THIS YEAR (WHICH WILL bL KEPOF.TeD AFTEK THE END OF THE YEAR)i AND MAY NOT INCLUDE SOME UK ALL OF YOUR EARNINGS FCK ThE LAST TWO YEARS. PLEASE KEAJ THE ENCLOSED LEAFLET IF YLI J DISAGREE WITH THIS STATEMI N1. 17 IS IMPOkTANT THAT YUUR RECORD EL CORRrCT BECAUSE ENT11LLMENT TO MONTHLY bENEFIIS AND MED1CARE WILL DEPEND UN 11. IF YOU WAIT MORE THAN 3 YEARS, 3A MONTHS AND is GAYS AFTER THE YEAR AN EkriCi=: OCCLIKS, CORRECTI UN MAY NOT BE 1-05S 1°LE. YEARS CUVERED EARNINGS (NUT SOCIAL SECURITY TAXES) 1937 THRU 1950 1951 ThRU 1975 1980 1961 14£-2 15 ,? Nn1 YEI CJMPLETEC, TC!TAL EARNINGS ENCLOSjFE NUNS 5 136, 512.29 22,137.9B 24,606.80 2h,o73.75 2 7, 72 5 .00 g ?37,r.59.82 EXHIBIT "C" CERTIFICATE OF SERVICE AND NOW, this vday of May, 2008, I, Kara W. Haggerty, Esquire, Esquire of ABOM & KUTULAKIS, LLP, hereby certify that I did serve or cause to be served a true and correct copy of the foregoing Defendant's Answer to Plaintiff's Motion for Contempt and Sanctions by First Class U.S. Mail addressed to the following: Debra Cantor, Esquire McNees, Wallace & Nurick, L.L.C. P. O. Box 1166 100 Pine Street Harrisburg, PA 17108 N -nFTi j f McNEES WALLACE & NURICK LLC By: Debra D. Cantor Attorney ID No. 66378 100 Pine Street Harrisburg, PA 17108-1166 (717) 237-5478 (717) 260-1667 facsimile dcantor mwn.com Attorneys for Defendant KATHRYN C. HASKINS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 04-1921 CIVIL DANIEL A. HASKINS, CIVIL ACTION - LAW Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Grounds for divorce: irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Regular mail upon Diane Baker, Esquire, counsel for Defendant on May 3, 2004. An Acceptance of Service was signed on May 5, 2004 and filed with the Court on May 7, 2004. 3. Date of execution of the Affidavit of Consent required by § 3301(c) of the Divorce Code: by Plaintiff: May 8, 2008; by Defendant: May 8, 2008. Plaintiffs Affidavit is being filed contemporaneously with this Praecipe. Defendant's Affidavit is being filed contemporaneously with this Praecipe. Related claims pending: N/A 4. Plaintiffs Waiver of Notice is being filed contemporaneously with this 5 Praecipe. Defendant's Waiver of Notice is being filed contemporaneously with this Praecipe. Respectfully submitted, McNEES WALLACE & WURICK LLC By, I.IY No(-66378 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5297 (717) 260-1667 (fax) dcantor(@mwn.com Dated: May 8, 2008 Attorneys for Plaintiff, Kathy C. Haskins 2 CERTIFICATE OF SERVICE AND NOW, this 9th day of May 2008, 1 hereby verify that I have caused a true and correct copy of the foregoing document to be placed in the U.S. mail, first class, postage prepaid and addressed as follows: Kara W. Haggerty, Esquire Abom & Kutulakis LLP 36 S. Hanover Street Carlisle, PA 17013-3306 IWltiL4 Y-UIVI Je , fifer L. K' en, Paralegal 3 0 o r mri, ? ?. t-n tr+ KATHRYN C. HASKINS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 04-1921 CIVIL DANIEL A. HASKINS, CIVIL ACTION - LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 30, 2004. 2. The marriage of the plaintiff and defendant is irretrievably broken. Ninety days have elapsed since the date of service of the Complaint. 3. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa C.S. Section 4904 relating to unsworn falsification to authorities. Daniel A. Haskins Date: May S 1 2008 CPO =lc • -c r?"k r .. A ? n I V KATHRYN C. HASKINS, Plaintiff V. DANIEL A. HASKINS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-1921 CIVIL CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER Section 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. Date: May ? 1 2008 C7 ^? r ?.. cry ? . -.. Fr; ??.: t=' ? ,L4TI ;Rn ? rn -4 KATHRYN C. HASKINS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04-1921 CIVIL DANIEL A. HASKINS, CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 30, 2004. 2. The marriage of the plaintiff and defendant is irretrievably broken. Ninety days have elapsed since the date of service of the Complaint. 3. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. 1/'rJV r C LL, Ka h n C. Haskins Date: May b ( , 2008 3 Z (mil rn C.J'F KATHRYN C. HASKINS, Plaintiff v. DANIEL A. HASKINS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1921 CIVIL CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER Section 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. C r A?/, Kath n C Haskins Date: May 9 , 2008 C} cz m "Ys ?" C? ? rrr N IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. Kathryn C. Haskins, Plaintiff II N O. 2004-1921 Civil VERSUS Daniel A. Haskins, e en ant DECREE IN DIVORCE AND NOW, 'DO", IT IS ORDERED AND DECREED THAT Kathryn C. Haskins , PLAINTIFF, AND Daniel A. Haskins DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; None BY THE COURT: I*k I Q" ? ATTEST: J PROTHONOTARY folf, KATHRYN C. HASKINS, Plaintiff V. DANIEL A. HASKINS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1921 CIVIL CIVIL ACTION - LAW IN DIVORCE STIPULATION FOR ENTRY OF ALIMONY ORDER AND NOW, this 2nd day of June, 2008, the undersigned do hereby stipulate and agree to the entry of an order as follows: WHEREAS, on or about July 30, 2004, the Plaintiff initiated an action for Alimony Pendente Lite; WHEREAS, on September 1, 2004 the court decided that due to issues with regard to a prenuptial agreement, Alimony Pendente Lite would be held in abeyance; WHEREAS, the parties have reached an agreement regarding Defendant's Alimony obligation to Plaintiff as follows: 1. Beginning June 1, 2008, Husband shall pay to Wife the sum of Two Thousand Dollars ($2,000) per month via direct deposit to Wife's bank account, as Wife shall designate in writing to Husband until such time as the wage attachment goes into effect. 2. The payments are to be received by Wife in one monthly installment due no later than the 5t' of the month. 3. The payments shall continue for a period of 60 months and shall be non- modifiable and non-terminable except in the event of the death of the Wife. 4. The payments shall not be deductible by Husband and shall not be includable as income to Wife. 5. Should Husband fail to make direct payments prior to the wage attachment going into effect, said amounts shall be added to this order as arrears and paid at a monthly rate of $500 until paid in full. Date: Date: '*'_ ?j ZL& D Deniso tor, Counsel for Plaintiff ra Haggerty Co`4l for { , ? ;.' ? ? Ta `? `='t ? _ ? ?. r?'?< , ?. q r _, ... r ; ? r w L.: -.:.?. ?? „?=^ ~Mi ---f .? ? ? ? ? ? ?.} ? KATHRYN C. HASKINS, Plaintiff V. DANIEL A. HASKINS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1921 CIVIL CIVIL ACTION - LAW IN DIVORCE AMENDED STIPULATION FOR ENTRY OF ALIMONY ORDER 6. Judge M.L. Ebert, Jr. has been involved in this case. Respectfully submitted, McNEES WALI.,ACE &AURICK LLC By r D. Cant I.D. No.-6b-S8 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5297 (717) 260-1667 (fax) dcantorO_ wn.com Attorneys for Plaintiff, Kathy C. Haskins Dated: June 25, 2008 / ;w-? J UUN $ 4 2008 '?' KATHRYN C. HASKINS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 04-1921 CIVIL DANIEL A. HASKINS, CIVIL ACTION - LAW Defendant : IN DIVORCE ORDER th AND NOW this 10 day of I., k1 , 2008, upon consideration of the attached Stipulation of Parties, the Cumberland County Domestic Relations office is to administer the Order via wage attachment. BY THE COURT: "tk -?.. Distribution: Debra Denison Cantor, Esquire, McNees Wallace & Nurick LLC, 100 Pine Street, P.O. Box 1166, Harrisburg, PA 17108-1166, Phone: (717) 237-5297; Fax-(717)260-1667; dcantora-mwn.com Kara W. Haggerty, Abom & Kutulakis, 36 South Hanover St., Carlisle, PA, Phone- (717) 249-0900, Fax: (717) 249-3344 ???-?'? Ley ? h9. ?. C'r?euf ViNV,A-I .S,NN3d I'll :11 WV 01 Inr cool Mb'IONUH106d 314130 30li-r!-(MH OFFICE OF THE COURT ADMINISTRATOR CUMBERLAND COUNTY COURT OF COMMON PLEAS 1 Courthouse Square • Carlisle, PA 17013 Phone (717) 240-6200 Toll Free 1-888-697-0371 x6200 Fax (717) 240-6460 courtadmin@ccpa.net Debra Denison Cantor, Esquire VIA FACSIMILE ONLY: (717) 260-1667 June 24, 2008 RE: Failure to Comply with Cumberland County Local Rule 208.3 (a) Stipulation for Entry of Alimony Order (2004-1921) Dear Mrs. Denison Cantor: Please note that due to your failure to comply with Cumberland County Local Rule 208.3(a)(2) and/or Rule 208.3(a)(9), your motion will be held in the Court Administrator's Office until an amendment containing the missing information is filed in the Prothonotary's Office. If after two notices no amendment has been filed, your motion will be sent back to the Prothonotary's office and placed in the file and no further action will be taken. Rule 208.3(a). Motions. (2) The motion shall state whether or not a Judge has ruled upon any other issue in the same or related matter, and, if so, shall speck the judge and the issue. (9) All motions and petitions shall contain a paragraph indicating that the concurrence of any opposing counsel of record was sought and the response of said counsel; provided, that this requirement shall not apply to preliminary objections, motions for judgment on the pleadings, motions for summaryjudgment, petitions to open or strike judgments, and motions for post-trial relief. Please note that you do not need to file an additional proposed order or provide additional envelopes for service. Your amendment will be attached to the original motion. Please feel free to contact me if you have any questions or concerns regarding this matter. Sincerely, Lwie A. Mitch 11 Deputy Court Administrator TRANSMISSION VERIFICATION REPORT TIME 06/24/2008 02:37 NAME : FAX TEL SER.# : BROD6J462119 DATE,TIME FAX NO./NAME 06/ 06/24 24 02:37 DURATION 67 PAGE(S) 00:00:20 RESULT 01 01 MODE STANDARD ECM OFFICE OF THE COURT ADMINISTRATOR CUMBERLAND COUNTY COURT OF COMMON PLEAS 1 Courthouse Square - Carlisle, PA 17013 Phone (717) 240-6200 Toll Free 1-888-697-0371 x6200 Fax (717) 240-6460 courtadmin0ccpa. net Debra Denison Cantor, Esquire VIA FACSIMILE ONLY: (717) 260-1467 June 24, 2008 RE: Failure to Comply with Cumberland County Local Rule 2083 (a) Stipulation for Entry of Alimony Order (2004-1921) Dear Mrs. Denison Cantor: Please note that due to your failure to comply with Cumberland County )Vocal Rule 208.3(a)(2) and/or Rule 200.3(a)(9), your motion will be held in the Court Administrator's Office until an amendment containing the missing information is filed in the Prothonomry's Office. If after two notices no amendment has been f led, your motion will be sent back to the Prothonotary's office and placed in the file and no further action will be taken. Rode 208.3(a)_ Motions. (2) The motion shall state whether or not a Judge has ruled upon any rather issue in the same or related matter, and, ifso, shall spee6 the judge and the issue. •• ?_ •.•.7-__....... aL.,,? ?t.n .-n»nur7?vY9/?N nf/?'tJ'V nn»osinP 04-1921 CIVIL ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dist. Of CUMBERLAND Date of Order/Notice 07/11/08 Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number Employee/Obligor's Name (Last, First, MI) 180-34-8154 Employee/Obligor's Social Security Number STATE EMPLOYEES RETIREMENT SYS 9452101292 STE 150 Employee/Obligor's Case Identifier 30 N 3RD ST (See Addendum for plaintiff names HARRISBURG PA 17101-1726 associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 0.00 per month in current child support $ o. oo per month in past-due child support Arrears 12 weeks or greater? Dyes ® no $ o . oo per month in current medical support $ 0.00 per month in past-due medical support $ 2,000.00 per month in current spousal support $ 500.00 per month in past-due spousal support $ 0.00 per month for genetic test costs $ 0.00 per month in other (specify) $ one-time lump sum payment for a total of $ 2,500.00 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: $ 575.34 per weekly pay period. $ 1, 250.00 per semimonthly pay period (twice a month) $ 1,150-68 per biweekly pay period (every two weeks) $ 2, 500.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If required by Pennsylvania law (23 PA C.S. § 4374(b)) to remit by electronic payment method, please call Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: Service Type M OMB No.: 0970-0154 OOriginal Order/Notice OAmended Order/Notice [Terminate Order/Notice OOne-Time Lump Sum/Notice RE:HASKINS, DANIEL A. KEVIN A. HESS, JUDGE Form EN-028 Rev. 3 Worker ID $OINC ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS If 4heckei you are required to provide a copy of this form to yourzmployee. If yoYr employee works in a state that is di event rom the state that issued this order, a copy must be provi ed to your emp oyee even if the box is not checked 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 0574100093 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : ED THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 0 EMPLOYEE'S/OBLIGOR'S NAME:HASKINS, DANIEL A. EMPLOYEE'S CASE IDENTIFIER: 9452101292 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 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. 3 Service Type M OMB No.: 0970.0154 Worker I D $OINC ADDENDUM Summary of Cases on Attachment Defendant/Obligor: HASKINS, DANIEL A. PACSES Case Number 771106196 Plaintiff Name KATHRYN C. HASKINS Docket Attachment Amount 04-1921 CIVIL$ 2,500.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. Addendum Form EN-028 Rev. 3 Service Type M OMB No.: 0970-0154 Worker ID $OINC C X E C.R 7"-, ry OM & LITLILAKIS Kara W. Haggerty, Esquire Attorney I.D. #: 86914 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 KATHRYN C. HASKINS, Plaintiff vi. DANIEL A. HASKINS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO.: 04-1921 CIVIL CIVIL ACTION -LAW IN DIVORCE AND NOW, comes Petitioner, Kara W. Haggerty, Esquire of Abom & Kutulakis, L.L.P. who respectfully requests this Honorable Court grant this Motion to Withdraw as Counsel for the above-named Plaintiff and, in support thereof, respectfully avers the following. 1. The Plaintiff is Kathryn C. Haskins who is represented in this matter by Debra Cantor, Esquire. 2. The Defendant is Daniel A. Haskins who is represented in this matter by Kara W. Haggerty, Esquire. 3. Undersigned counsel was retained to represent Defendant on December 10, 2007 in a Contempt Proceeding before The Honorable M. L. Ebert. 4. Undersigned counsel has successfully represented the Defendant throughout his divorce proceedings and the parties are now divorced. 5. Undersigned counsel has found it very difficult to effectively represent Mr. Haskins. He is uncooperative and unresponsive to correspondence and telephone calls to resolve this case on his behalf (Copies of correspondence to client attached as Exhibit "A'? 6. As a result of this lack of communication, undersigned counsel is seeking to withdraw as counsel in this matter 7. The Defendant's original retainer in this matter has been exhausted. 8. Undersigned counsel attempted to contact Debra Cantor, Esquire, who was not available at the time of the signing of this Motion. WHERERFORE, undersigned counsel respectfully requests this Honorable Court grant her request to withdraw as counsel in this matter. Respectfully submitted, ABOM & KUTULAKIS, LLP Dab ? '? Date. CL ,- Kara W. Haggerty, 36 South Hanover Carlisle, PA 17013 (717) 249-0900 ID #86914 t CERTIFICATE OF SERVICE /' ?ik' AND NOW, this U day of October, 2008, I, Kara W. Haggerty, Esquire of ABOM & KUTULAKIS, LLP, hereby certify that I did serve or cause to be served a true and correct copy of the foregoing Motion to Withdraw as Counsel by First Class U.S. Mail addressed to the following: Debra Cantor, Esquire 100 Pine Street P. O. Box 1166 Harrisburg, PA 17108-1166 Kara W. Haggerty, Es f J t?j CERTIFICATE OF SERVICE AND NOW, this _ day of October, 2008, I, Kara W. Haggerty, Esquire of ABOM & KUTULAKIS, LLP, hereby certify that I did serve or cause to be served a true and correct copy of the foregoing Motion to Withdraw as Counsel by First Class U.S. Mail addressed to the following: Debra Cantor, Esquire 100 Pine Street P. O. Box 1166 Harrisburg, PA 17108-1166 4 Kara W. Haggerty, Esquir Q u CX% .< KATHRYN C. HASKINS, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1921 CIVIL V. : CIVIL ACTION -LAW DANIEL A. HASKINS, DEFENDANT IN DIVORCE ORDER OF COURT AND NOW, this 13t`' day of October, 2008, upon consideration of the Motion to Withdraw as Counsel filed by the Petitioner, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Parties to show cause why the Petitioner should not be granted permission to withdraw as counsel of record; 2. The Parties will file an answer on or before November 3, 2008; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Parties file an answer to this Rule to Show Cause, the Court will determine if further Order of Court or a hearing is required. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, Kara W. Haggerty, Esquire /Petitioner ? Debra Cantor, Esquire ,/Attorney for Plaintiff ? Daniel Haskins, Defendant bas Co 1'es rytat LL ,?\ -? ?AA M. L. Ebert, Jr., J. dANVAIAG,Wd 8z : I I wv c 1130 001 MVioNQri4h'd 3HI 10 30 ABOM CSZ' ICuTULAxis Kara W. Haggerty, Esquire Attorney I.D. #: 86914 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 KATHRYN C. HASKINS, Plaintiff V. DANIEL A. HASKINS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO.: 04-1921 CIVIL CIVIL ACTION -LAW IN DIVORCE TO THE HONORABLE M. L. EBERT, JR., JUDGE OF SAID COURT: MOTION TO MA RULE ABSOLUTE AND NOW, this day of November, 2008, comes Petitioner, Kara W. Haggerty, Esquire, of Abom & Kutulakis, L.L.P., who respectfully avers the following: 1. On October 9, 2008 Petitioner filed a Motion to Withdraw as Counsel in the above- captioned matter. 2. A Rule to Show Cause was issued on October 13, 2008 upon the parties to show cause why the Petitioner should not be permitted to withdraw as counsel for Defendant, Daniel A. Haskins. Said Rule was returnable on or before November 3, 2008. 3. On October 17, 2008 a copy of the Rule to Show Cause was sent to Defendant, Daniel A. Haskins, by certified mail. 4. Defendant, Daniel A. Haskins, received the Rule to Show Cause on October 18, 2008 as evidenced by the signing of the green certified mail card. (A copy of the Affidavit of Service is attached hereto as Exhibit "A'? 5. On October 17, 2008 a copy of the Rule to Show Cause was sent to Plaintiff's Counsel, Debra D. Cantor, Esquire, by regular first class mail. 6. Plaintiffs Counsel, Debra D. Cantor, Esquire, responded to the Rule to Show Cause by letter stating she would not be objecting to the withdrawal. (A copy of correspondence dated October 30, 2008 is attached hereto as Exhibit "B") 7. More than twenty days have elapsed and Defendant has not filed a response to the Rule to Show Cause. WHEREFORE, undersigned counsel respectfully requests this Honorable Court grant her request to withdraw as counsel in this matter. Date 1,90 Respectfully submitted, ABOM & KUT ULAKIS? L.L.P. OL'? Kara W. Haggerty, aq - e 36 South Hanover retU Carlisle, PA 17013 (717) 249-0900 Attorney I.D. No. 86914 KATHRYN C. HASKINS, Plaintiff V. DANIEL A. HASKINS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO.: 04-1921 CIVIL CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE I, Kara W. Haggerty, hereby certify that .1 did serve a true and correct copy of the Motion to Withdraw as Counsel, upon the Defendant, by depositing, or causing to be deposited, same in the U.S. mail, certified, postage prepaid, on Daniel A. Haskins, at Carlisle, Pennsylvania, addressed as follows: Daniel A. Haskins 1705 Elm Street New Cumberland, PA 17007 Return card acknowledging receipt on October 18, 2008 is attached as Exhibit "A". ABOM & KOTULAKv, LLP Date: 11 Io 1 /() F---, Kmto- EXHIBIT A Kara W. Haggerty, uire 36 South Hanover eet Carlisle, PA 17013 (717)249-0900 Attorney for Defendant I.D. No: 86914 ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: e l ?-sk t rLS o5 bIM Sh-? (\j.eW CofA_ ? (apNc? PA 1 ')UU A. Si Pa C?? ? Agent X 0 19-? ? Addressee eceived biy (Printed N me) C. Q olive V7 01 / D. Is delivery address different from item 1? ? Yes If YES, enter delivery address below: ? No i 3. Service Type Certified Mail ? Express Mail ? Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2. Article Number 700 7 07-10 40'63 '2210 2132 (Transfer from service labeo PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 EXHIBIT `A" N McNees DEBRA D. CANTOR DIRECT DIAL: (717) 237-5297 DIRECT FAX: (717) 260-1667 E-MAIL ADDRESS: DCANTOR@MWN.COM October 30, 2008 Kara W. Haggerty, Esquire 36 S. Hanover Street Carlisle, PA 17013-3306 RE: Haskins v. Haskins Dear Kara: I am writing to advise you that I received a message from Kathy Haskins indicating that she and Dan have come to an agreement and she does not wish for me to file an objection to your withdrawal. Your attention is appreciated. Sincerely, McNEES WALLACE & NURICK LLC a- By Debra D. Cantor DDC/lbl c: Kathy Haskins EXI IIBIT Wallace & Nurick LLC attorneys at law P.O. Box 1166. 100 PINE STREET • HARRISBURG, PA 17108-1166 • TEL: 717.232.8000 • FAX: 717.237.5300 • WWW.MWN.COM COLUMBUS, OH • STATE COLLEGE, PA • LANCASTER, PA • HAZLETON, PA • WASHINGTON, DC CERTIFICATE OF SERVICE AND NOW, this I ' k -day of November 2008, I, Kara W. Haggerty, Esquire, of Abom & Kutulakis, LLP., hereby certify that I did serve a true and correct copy of the foregoing Motion to Make Rule Absolute by First Class U.S. Mail addressed to the following: Daniel A. Haskins 1705 Elm Street New Cumberland, PA 17007 Debra D. Cantor, Esquire McNees, Wallace & Nurick, L.L.C. P. O. Box 1166 100 Pine Street Harrisburg, PA 17108-1166 Respectfully submitted, ABOM & KUTULAKrsS L.L.P. Km" Kara W. Hagge uirSupreme Court %US 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 7 t:. KATHRYN C. HASKINS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO.: 04-1921 CIVIL DANIEL A. HASKINS, CIVIL ACTION - LAW Defendant IN DIVORCE I, Kara W. Haggerty, hereby certify that .1 did serve a true and correct copy of the Motion to Withdraw as Counsel, upon the Defendant, by depositing, or causing to be deposited, same in the U.S. mail, certified, postage prepaid, on Daniel A. Haskins, at Carlisle, Pennsylvania, addressed as follows: Daniel A. Haskins 1705 Elm Street New Cumberland, PA 17007 Return card acknowledging receipt on October 18, 2008 is attached as Exhibit "A". ABom & KUTULAKVS LLP Date: t 0 _J Kara W. Haggerty, wire 36 South Hanover eet Carlisle, PA 17013 (717)249-0900 Attorney for Defendant I.D. No: 86914 ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery Is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 4. Restricted Delivery? (Extra Fee) ? Yes 2. Article Number 707 fl71? ???3 221 2132 (Transfer from service /eben A. S '7ZL'? y X 0 Agent D Addressee eo ved biy, (,Printeed { Nkne) D. is delivery address different from item f? ? Yes If YES, enter delivery address below: 13 No ?0.V1C? ?? 3. Service Type LA) C 0 r ? b./ '-"W Certified Mail ? Express Mail t ? Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. -boo's el k- b rA5 11 ()5f?' I m PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 EXHIBIT `A" ? J?'? .. .,. _.. ..,.:.V ? ... ?? ..._,. t. ,. 'x;r, :?" ? ? C v. ., ?-C. NOV 10 2008 KATHRYN C. HASKINS, Plaintiff vi. DANIEL A. HASKINS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO.: 04-1921 CIVIL CIVIL ACTION - LAW IN DIVORCE ORDER OF COURT t AND NOW, this 13 day of November, 2008, upon consideration of the within Motion to Make Rule Absolute, said Motion is hereby GRANTED, Kara W. Haggerty, Esquire and Abom & Kutulakis, L.L.P. are hereby granted leave to Withdraw as Counsel for the above-named Defendant, Daniel A. Haskins. BY THE COURT: M. L. EBERT, JR., J. Distribution: 7r6)(a"r W. H aggerty, Esquire a D. Cantor, Esquire 11 _d A u 30 tNJQN U?,U ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania CO./City/Dist. Of CUMBERLAND Date of Order/Notice 11/28/08 Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number STATE EMPLOYEES RETIREMENT SYS STE 150 30 N 3RD ST HARRISBURG PA 17101-1726 180-34-8154 Employee/Obligor's Social Security Number 9452101292 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 0.00 $ $ 0.00 0.00 $ 0.00 $ 2,000.00 $ 0.00 $ 0.00 $ 0.00 per month in current child support per month in past-due child support per month in current medical support per month in past-due medical support per month in current spousal support per month in past-due spousal support per month for genetic test costs per month in other (specify) one-time lump sum payment Arrears 12 weeks or greater? O yes ® no for a total of $ 2,000.00 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: $ 461.54 per weekly pay period. $ 1, 000.00 per semimonthly pay period (twice a month) $----12 3.08 per biweekly pay period (every two weeks) $ 2, 000.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If required by Pennsylvania law (23 PA C.S. § 4374(b)) to remit by electronic payment method, please call Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. X4 BY THE COURT. V5-. KK;)Almr A. Hess, Judge DRO: R.J. Shadday Form EN-028 Rev. 4 Service Type M OMB No.: 0970-0154 Worker ID $oINC 04-1921 CIVIL OOriginal Order/Notice OAmended Order/Notice 0Terminate Order/Notice OOne-Time Lump Sum/Notice RE: HASKINS, DANIEL A. Employee/Obligor's Name (Last, First, MI) 2,000. x 12•, S2•_ 467 `54* 12• , 2b•.- 923.08" ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS If hecke? you are required, to provide a Gopy of this form to your m loyee. If yo r employee ork00 in a state that is diFerent from the state that issued this order, a copy must be provideedpto your employee even if the x 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 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. 0574100093 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : 0 THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 0 EMPLOYEE'S/OBLIGOR'S NAME:HASKINS, DANIEL A. EMPLOYEE'S CASE IDENTIFIER: 9452101292 LAST KNOWN HOME ADDRESS: DATE OF SEPARATION: LAST KNOWN PHONE NUMBER: FINAL PAYMENT AMOUNT- NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. if you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employeelobligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of. 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) (15 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks : If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST by telephone at (717) 240-6225 or P.O. BOX 320 by FAX at (717) 240-6248 or CARLISLE PA 17013 by internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Rev. 4 Service Type M OMB No.: 0970-0154 Worker ID $oINC - r ADDENDUM Summary of Cases on Attachment Defendant/Obligor: HASKINS, DANIEL A. PACSES Case Number 771106196 Plaintiff Name KATHRYN C. HASKINS Docket Attachment Amount 04-1921 CIVIL$ 2,000.00 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): Service Type M 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 DOB Child(ren)'s Name(s): DOB Addendum OMB Nw 0970-0154 Form EN-028 Rev. 4 Worker ID $OINC t_ ;? 'r? e __? ? »;? 11/25/2008 12:21 8142344166 MIDSTATE REALTY SERV PAGE 02/03 NOV-Z6-06 1 .-32 FROWCueberland County 0aoestic Relations +171T1406i40 No. ov- /9?l Cr'V/'j T-061 P.001/003 F-BDT Nov 2 5 2DD8 C UMAND COUNTY DOMESTIC RELATIONS gate of Application: ? ? Tt equeet foir 9apporf Record Bea nk Address: -1-70.6 Irm ewu l ie t ? cis? c? ? ? 12a I V - :oaial Semttity Number: _Jgo 3? S 15 ? D.O.B.: Domestic Relations Case Number if Known: Party Requesting Information: ct ?' os i n p (Prbit Name of inn Name) I!LP'234-1oc ?3a xnnoya?Fton ?j,??. e 3na, Cvll ?e (Telephone Member) (A ) j le (Fes Number) (, Ste) ,_., F/4-?P- Sos/ A Twmiy Aollar M0.00) Fee is Put per Soeial Stec * Make ebeek or money order payable to: DRSILJM S _ X I NI'1 I? REQUEST `' r n Has no Record in Domestic Relations as of`T' 0 ,3uppoxt Anvars as of End of Mm& Prior to Date of Appbcau • $ 3 a ?'1"? "7 ?`?-' lvlontbly Total Support Obligation: S R o o o, o o rn o n 'Cho A mount shown above is redacted in the Domestic Relations Section Oflim of C' uinberlland County, PermsylvaniaL m 2 nn b t r ? g 4 5 z i o!? 9? '-3omemc Retwim Case Number: PaCS t 5 ? -l ? 11 O o I a (o Signed: 1 11? a SID 8 (Lien Search Coordinator) (DM) BRING-DOWN REQUEST Support An urs: S Signed: (Lkn CQOWIaaeor) T As Of: (Date) (DW) *'e* Lien Satisfisfaction Receipt Available Upon Request*** CC720 Vii' Z .? -r1 ?.., {.:_ ? LIEN SATISFACTION Name: Daniel Haskins Member Number: M#9452101292 Judgment Lien Satisfied as of: 11/28/08 Amount Paid: $ 3227.74 Signed: A- Z,?, 61 (Lien Coordinator) Pacses# 771106196 No. 04-1921 Civil DR# p-Pa/a? (Date) CC722 -_? ? '.Y2 '?.'? .. 5 ... ,...j ` y ?'°,? C.x:? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KATHRYN C. HASKINS, NO. 04-1921 Plaintiff V. DANIEL A. HASKINS CIVIL ACTION - LAW Defendant IN DIVORCE ENFORCEMENT OF SETTLEMENT 1. Now comes Kathryn Haskins of 2510 Arcona Road, Mechanicsburg, PA, 17055, representing herself, per se, before this Honorable Court for the purpose of enforcement of the terms of the divorce settlement agreement of May 8, 2008, between Kathryn Haskins, Plaintiff, and Daniel Haskins, defendant. 2. Item 3, "alimony" of this document attached states that Daniel Haskins of 1705 Elm Street, New Cumberland, PA, 17070, former husband of Kathyrn Haskins, is to obtain a life insurance policy in the amount of $350,000.00 naming Kathryn Haskins as the beneficiary, and that the policy is to be obtained in 30 days of the date of the signing of this document and (see item 3, page 3 of Exhibit A of said document) shall provide wife proof of purchase of such policy. 3. It has clearly been more than one year since the document was executed and signed by both parties and respective legal counsels, yet Daniel Haskins has declined to honor this agreement regarding the $350,000.00 life insurance policy, or be held in contempt of court. 4. Under Section 3502(e) (9) of the Pennsylvania Divorce code (Code), the Court may find a party in contempt for failing to comply with the property settlement agreement. 5. Plaintiff is asking this Honorable Court to compel Defendant to comply with the mandated court order to obtain the life insurance policy, or be held in contempt of court. 6. Further, the Plaintiff requests this Honorable Court to assess the Defendant the reasonable sum of $1,000.00 for the long delay of the "Breach", (page 8 of Exhibit A) attached to this document. 7. Respectfully submitted this 1 D -? day of June, 2009, by Kathryn C. Haskins, Plaintiff per se. C. 4, Signature 4)r-,L1 C G?is/o MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT made this day of , 2008, by and between DANIEL A. HASKINS of Cumberland County, Pennsylvania (hereinafter referred to as "Husband"), and KATHRYN C. HASKINS of Cumberland County, Pennsylvania, (hereinafter referred to as "Wife") WHEREAS, Husband and Wife were lawfully married on September 29, 1984 in Clearfield County, Pennsylvania, and; WHEREAS, two children have been born of this marriage; and WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties in consequence of which they have been separate and apart from each other; and WHEREAS, Husband and Wife desire to settle and determine their rights, obligations and the support and maintenance of the Wife by the Husband; and NOW THEREFORE, in consideration of the foregoing 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, Kathryn and Daniel, each intending to be legally bound hereby, covenant and agree as follows: 1. DIVORCE AND SEPARATION. The parties agree to the entry of a decree in divorce pursuant to Section 3301(c) of the Divorce Code of 1980. Kathryn and Daniel shall at all times hereafter have the right to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint, or interference whatsoever by the other. Neither party shall molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provision shall not be taken to be an admission on the part of either Kathryn and Daniel of the lawfulness or unlawfulness of the causes leading to their living apart. The parties acknowledge that a divorce action has been filed in the Court of Common Pleas of Cumberland County, Pennsylvania at docket number 04-1921. The parties agree that they will execute Affidavits of Consent and Waivers of Notice of Intention to Request Entry of a Divorce Decree in the aforementioned matter simultaneously with the signing of this Agreement. Thereafter, counsel for Plaintiff shall file a Praecipe to Transmit Record and obtain a divorce decree. 2. DIVISION OF PROPERTY. Kathryn and Daniel agree that the following constitutes an equitable distribution of the marital property. A. State College, Pennsylvania Property: Wife hereby agrees to waive all right, title and interest in the real estate located in State College, Pennsylvania. The parties agree that Husband will be fully obligated to pay any taxes, debts or any other obligations concerning said real estate. Husband agrees to hold Wife harmless and to indemnify her against any claim that she is responsible for said obligations. B. Marital Residence: The parties agree that the marital residence located at 1705 Elm Street, New Cumberland, Pennsylvania, will become the sole and exclusive property of Husband. Wife agrees to waive any right, title or interest she may have in said property. / ? `j Grp ?,j-yam tC?,-? C. Pension Wife hereby waives an interest in Husband's state retirement and social security. However, it is agreed by the parties that Wife's alimony payment shall be wage attached to Husband's state pension. An alimony order shall be submitted to Domestic Relations of Cumberland County upon entry of the decree. D. Satisfactory Division of Marital and Non-Marital Property: Kathryn and Daniel hereby acknowledge that they have divided, to their mutual satisfaction, all of their marital and non-marital assets, including but without limitation, business interests, partnerships, inheritances, jewelry, clothing, pensions, brokerage accounts, stocks, bonds, life insurance policies or other securities, individual retirement accounts, 401(k),' employment benefits, checking and savings accounts, mutual funds and other assets, whether real, personal or mixed, tangible or intangible. 3. ALIMONY: Beginning June 1, 2008, Husband shall pay to Wife the sum of Two Thousand Dollars ($2,000) per month via direct deposit to Wife's bank account no. or such other bank account, as Wife shall designate in writing to Husband until such time as the wage attachment goes into effect. These payments are to be received by Wife no later than the fifth day of each month. These payments shall continue for a period of 60 months and shall be non-modifiable and non-terminable except in the event of the death of Wife. These payments shall not be deductible by Husband and shall not be includable as income to Wife. Husband shall maintain a life insurance policy in the amount of $350,000 naming Wife as the beneficiary. Husband shall obtain this policy within 30 days of the date of the execution of this agreement and shall provide wife proof of such policy. Husband 3 agrees to authorize said life insurance carrier to provide Wife with monthly statements indicating the policy is still in effect and verification thereof. Should Husband be unable to continue to maintain said life insurance policy, Wife will be entitled to make the payments herself and seek reimbursement from Husband or Husband's estate. Husband and Wife shall agree to the entry of an alimony order with the Domestic Relations Office of Cumberland County. Husband shall make direct payments to wife pursuant to this agreement until such time as the wage attachment occurs. 4. TAXES. 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. 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. 5. ADDITIONAL DOCUMENTATION. The parties agree to execute any deeds, assignments, titles or other instruments necessary and appropriate to accomplish the aforesaid division of property. 6. REPRESENTATIONS AND WARRANTIES. The parties represent and warrant to each other that the property described in this Agreement represents all of the property in which they have any right, title and interest, and that such property is subject to no mortgage, pledge, lien, security interest, encumbrance or charge except those 4 which are disclosed herein. 7. EQUITABLE DIVISION. By this Agreement the parties have intended to effect an equitable division of their jointly owned property. The parties have determined that an equitable division of such property conforms to a just and right standard, with due regard to the rights of each party. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting a part of the marital estate. It is the intention of the parties to treat all transfers herein as non-taxable. 8. RELINQUISHMENT OF RIGHTS. Except as expressly provided herein, Kathryn forever relinquishes any right, title or interest may now or hereafter have in 14 any tangible or intangible assets now belonging to Daniel, and Daniel forever relinquishes any right, title or interest the may now or hereafter have in any tangible or intangible assets now belonging to Kathryn. 9. AFTER-ACQUIRED PROPERTY. Each of the parties shall hereafter own and enjoy independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes as though he or she were unmarried. 10. LIABILITIES. All debts, contracts, obligations or liabilities incurred at any time in the past or future by either party will be paid promptly by said party, unless and except as otherwise specifically set forth in this Agreement; and each of the parties hereto further promises, covenants and agrees that each will now and at all times 5 hereafter save harmless and keep the other or his or her estate indemnified and save harmless from all debts or liabilities incurred by him or her, as the case may be, and from all actions, claims and demands whatsoever with respect thereto, and from all costs, legal or otherwise, and counsel fees whatsoever pertaining to such actions, claims and demands. Neither party shall, as of the date of this Agreement, contract nor incur any debt or liability for which the other or his or her property may be responsible, and shall indemnify and save harmless the other from any and all claims or demands made against him or her by reason of debts or obligations incurred by him or her and from all expenses, legal costs, and counsel fees unless provided to the contrary herein. 11. COUNSEL FEES. COSTS AND EXPENSES. Each party shall be responsible for his or her own legal fees, costs and expenses incurred in connection with their separation and/or the dissolution of their marriage. 12. NON-MODIFICATION OF ALIMONY. The parties agree that the alimony provision takes into account the parties' overall economic circumstances including the equitable distribution of property herein and so shall not be subject to modification by any court. 13. FULL DISCLOSURE. The respective parties do hereby warrant, represent and declare and do acknowledge and agree that each is and has been fully and completely informed of and is familiar with and cognizant of the wealth, real and/or personal property, estate and assets, earnings and income of the other and that each has made a full and complete disclosure to the other of his or her entire assets and liabilities and any further enumeration or statement thereof in this Agreement is specifically waived. 6 14. RELEASES. Each party does hereby remise, release, quitclaim and forever discharge the other and the estate of the other from any and every claim that each other may now have, or hereafter have or can have at any time, against the other, or in and to or against the other's estate, or any part thereof, whether arising out of any former contracts, engagements or liabilities of the other, or by way of dower or claim in the nature of dower, widow's rights, or under the intestate laws, or the right to take against each other's will, or for support or maintenance, or of any other nature whatsoever, except any rights accruing under this Agreement. 15. INDEMNIFICATION. Each party represents and warrants to the other that he or she has not incurred any debt, obligation, or other liability, other than described in this Agreement, on which the other party is or may be liable. Each party covenants and agrees that if any claim, action or proceeding is hereinafter initiated seeking to hold the other party liable for any other debts, obligations, liability, act or omission of such party, such party will at his or her sole expense, defend the other against any such claim or demand, whether or not well-founded, and that he or she will indemnify and hold harmless the other party in respect of all damages as resulting therefrom. Damages as used herein shall include any claim, action, demand, loss, cost, expense, penalty, and other damage, including without limitation, counsel fees and other costs and expenses reasonably incurred in investigating or attempting to avoid same or in opposing the imposition thereof or enforcing this indemnity, resulting to Kathryn or Daniel from any inaccurate representation made by or on behalf of either Kathryn or Daniel to the other in this Agreement, any breach of any of the warranties made by Kathryn or Daniel in this Agreement, or breach or default in performance by Kathryn or Daniel of any of the 7 obligations to be performed by such party hereunder. Kathryn or Daniel agree to give the other prompt written notice of any litigation threatened or instituted against either party which might constitute the basis for a claim for indemnity pursuant to the terms of this Agreement. 16. GENERAL PROVISIONS. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 17. FAIR AND EQUITABLE CONTENTS. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel. Each party acknowledges that he or she has received independent legal advice from counsel of his or her selection and that each fully understands the facts and has been fully informed as to his or her legal rights and obligations. Each party acknowledges and accepts that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge, and that execution of this agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 18. BREACH. It is expressly stipulated that if either party fails in the due performance of any of his or her material obligations under this Agreement, the other party shall have the right, at his or her election, to sue for damages for breach thereof, to sue for specific performance, or to seek any other legal remedies as may be available, and the defaulting party shall pay the reasonable and necessary counsel 8 fees, costs and expenses for any and all services rendered by the non-defaulting party's attorney in any action or proceeding to compel performance hereunder. 19. EXECUTION OF DOCUMENTS. Each party shall on demand execute any other documents that may be necessary or advisable to carry out the provisions of this Agreement. 20. MODIFICATION. No modification, rescission or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 21. SEVERABILITY. 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., 22. APPLICABLE LAW. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 23. AGREEMENT NOT TO BE MERGED. This Agreement may be filed with the Court for incorporation into the 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. 9 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. 10 DANIEL A. HASKINS AND NOW, May 21 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. Kathryn C. Haskins, Plaintiff II N O. 2004-1921 Civil VERSUS Daniel A. Haskins, e en ant DECREE IN DIVORCE DECREED THAT Kathryn C. Haskins AND 2008 , IT IS ORDERED AND Daniel A. Haskins ARE DIVORCED FROM THE BONDS OF MATRIMONY. , PLAINTIFF, DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; None BY THE COURT: M. L. Ebert, Jr. ATTEST: Certified Copy Issued: PROTHONOTARY O?: Tj x' p , r - r t { 2 DO9 J ai 15 Ai i -: / 0 -114 KATHRYN C. HASKIINS, PLAINTIFF V. DANIEL A. HASKINS, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1921 CIVIL IN RE: PLAINTIFF'S PETITION FOR ENFORCEMENT OF SETTLEMENT ORDER OF COURT AND NOW, this 17th day of June, 2009, upon consideration of the Plaintiffs Petition for Enforcement of Settlement, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before July 10, 2009; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendant files an answer to this Rule to Show Cause, the Court will determine if further order or hearing is necessary. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, M. L. Ebert, Jr., J. Kathryn Haskins, Plaintiff 2510 Arcona Road Mechanicsburg, PA 17055 Daniel Haskins, Defendant 1705 Elm Street New Cumberland, PA 17070 bas RLED, 2009 .;IJIN 17 PH 2: 5 u ri: ii J; ?_ir lgZ1 ki,.,?g 4kN ??FF J?izk% , ?, ?) Ni k fos w?,? 1, Sho?g 0FA o a , DEPARTMENT OF VETERANS AFFAIRS REGIONAL OFFICE AND INSURANCE CENTER 5000 WISSAHICKON AVENUE PO BOX 8079 PHILADELPHIA, PA 19101 DANIEL A. HASKINS VA File Number 23 991 758 Rating Decision June 22, 2009 INTRODUCTION The records reflect that you are a veteran of the Vietnam Era and Peacetime. You served in the Navy from March 12, 1964 to February 21, 1963. You filed an original disability claim that was received on January 9, 2007. Based on a review of the evidence listed below, we have made the following decision(s) on your claim. DECISION 1 . Service connection for type II diabetes mellitus associated with herbicide exposure is granted with a 20 percent evaluation effective January 9, 2007. 2 . Service connection for hypertension is denied. 3 . Service connection for hearing loss is denied. DANIEL A. HASKINS 23 991 758 Page 2 EVIDENCE • Service treatment records from March 12, 1964 through February 21, 1968 • VA Form 21-526, Application for Compensation and/or Pension, received January 9, 2007 • Development letter dated March 19, 2008 • Duty to Assist Letter, dated June 10, 2008 • Request for verification of service in Vietnam, dated June 10, 2008 • Verification of Vietnam service response received June 11, 2008 and March 2, 2009 • Subsequent letter for service treatment records dated December 10, 2008 • Letter dated December 10, 2008, in reference to non-promulgation of diabetes claims as a result of herbicide exposure • Development letter dated May 7, 2009 REASONS FOR DECISION 1. Service connection for type II diabetes mellitus associated with herbicide exposure. Service connection may be granted for a disability which began in military service; was caused by some event or experience in service; or, in the case of type II diabetes mellitus, presumed to have been caused by service if manifested to a compensable degree within one year of your discharge from active duty service. Service connection may also be granted for type 11 diabetes mellitus on a presumptive basis for veterans who served in country in the Republic of Vietnam. In order to establish presumptive service connection for type II diabetes mellitus, we need evidence to verify that you served in country in the Republic of Vietnam or on its inland waterways (rivers, estuaries, and delta areas), during the Vietnam Era (January 9, 1962 and ending on May 7, 1975) or your job in service exposed you to herbicides, or your type 11 diabetes mellitus manifested to a compensable degree within one year following separation from service. Your service treatment records do not show any complaints, findings, or treatment for type II diabetes mellitus during service. Your separation examination dated February 19, 1968 does not demonstrate any complaints or findings of diabetes mellitus, type II at the time of your discharge. There is no evidence your type 11 diabetes mellitus manifested to a compensable degree within one year of your discharge from service. We received information from the service department on June 11, 2008, indicating you served aboard the USS Blanco County (LST-344), which was in the official waters of the Republic of Vietnam from March 17, 1967 through May 2, 1967, June 27, 1967 through September 2, 1967 and October 7, 1967 through December 18, 1967, however, the record did not provide conclusive proof of your in-country service. Additional information was +U? DANIEL A. HASKINS 23 991 758 Page 3 obtained from the U. S. Army and Joint Services Records Research Center (JSRRC) indicating the USS Blanco County participated in Operation Market Time in the Mekong Delta rivers, Republic of Vietnam, during the periods January 1-14, 1967 and July 3-17, 1967. Furthermore, your military personnel records indicate you were commended for your hard work and enthusiastic support as a member of the crew of the USS Blanco County (LST 344) during the ship's vital support mission to the Mobile Riverine Force, TF 117, operating in the Mekong Delta from October 9, 1967 through December 14, 1967. Based on a thorough review of your personnel records, military research, and information obtained from the U. S. Army and Joint Services Records Research Center (JSRRC), the Board is able to concede your service in country in Vietnam, therefore service connection for type II diabetes mellitus is granted on the basis of presumption. Under the authority granted by the Agent Orange Act of 1991, VA has determined that presumption of service connection based on exposure to herbicides used in Vietnam is not warranted for any conditions other than those for which VA has found a positive association between the condition and such exposure. VA has determined that a positive association exists between exposure to herbicides and the subsequent development of the following conditions: chloracne, non-Hodgkin's lymphoma, soft tissue sarcoma, Hodgkin's disease, porphyria cutanea tarda (PCT), multiple myeloma, acute and subacute peripheral neuropathy, prostate cancer, respiratory cancers and cancers of the lung, bronchus, larynx and trachea, type II diabetes mellitus and chronic lymphocytic leukemia. PCT, chloracne, and acute and subacute peripheral neuropathy are required to become manifest to a compensable degree within one year from last exposure. Outpatient treatment records from the Baltimore VA Medical were obtained and reviewed. Records indicate you report being diagnosed with diabetes approximately fifteen years ago. You are currently taking 850 milligrams of Metformin, three times a day for your diabetes. You are cognizant of your diet and exercise regularly. An evaluation of 20 percent is assigned from January 9, 2007, the date your claim was received in our office. An evaluation of 20 percent is assigned if there is a requirement for insulin and restricted diet, or oral hypoglycemic agent and restricted diet. A higher evaluation of 40 percent is not warranted unless insulin, restricted diet, and regulation of activities are required. The Board has determined that further medical review of this condition is required; therefore, an "at once" examination has been requested. You will be contacted in the near future under separate cover as to the time, date, and location of this examination. DANIEL A. HASKINS 23 991 758 Page 4 2. Service connection for hypertension. Service connection may be granted for a disability which began in military service; was caused by some event or experience in service; or, in the case of hypertension, the evidence must show manifestation to a compensable degree within one year of your discharge from active duty service. Your service treatment records do not show any complaints, findings, or treatment for hypertension service. Your separation examination dated February 19, 1968 does not demonstrate any complaints or findings of hypertension at the time of your discharge. Outpatient treatment records from Baltimore VA Medical Center show a positive diagnosis of hypertension and treatment with oral medication. A letter dated June 10, 2008 was sent to you requesting evidence of treatment for this condition from military service to the present time. As of this date, the requested evidence has not been received by our office. Service connection for hypertension is denied because the evidence does not establish that this condition began in service, was caused by some event in service, or manifested to a compensable degree within one year of discharge from service. 3. Service connection for hearing loss. Service connection may be granted for a disability which began in military service; was caused by some event or experience in service; or, in the case of sensorineural hearing loss, the evidence must show manifestation to a compensable degree within one year of your discharge from active duty service. Your service treatment records do not show any complaints, findings, or treatment for hearing loss during service. Your separation examination dated February 19, 1968 does not demonstrate any complaints or findings of hearing loss at the time of your discharge. Outpatient treatment records from Baltimore VA Medical Center were reviewed but did not reveal any recent treatment for hearing loss. A letter dated June 10, 2008 was sent to you requesting evidence of treatment for this condition from military service to the present time. As of this date, the requested evidence has not been received by our office. Service connection for hearing loss is denied because the evidence does not establish that this condition began in service, was caused by some event in service, or manifested to a compensable degree within one year of discharge from service. DANIEL A. HASKINS 23 991 758 Page 5 REFERENCES: Title 38 of the Code of Federal Regulations, Pensions, Bonuses and Veterans' Relief contains the regulations of?the Department of Veterans Affairs which govern entitlement to all veteran benefits. For additional information regarding applicable laws and regulations, please consult your local library, or visit us at our web site, www.va.gov. ??/?ol og O tHI Cla ? ri?jtt T 2GO9 M- 10 AM r: i I Ty 11 KATHRYN C. HASKINS, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04-1921 CIVIL CIVIL ACTION - LAW DANIEL A. HASKINS, DEFENDANT IN DIVORCE IN RE: PETITION FOR ENFORCEMENT OF SETTLEMENT ORDER OF COURT AND NOW, this 23rd day of July, 2009, upon consideration of t he Plaintiff's Pro Se Petition for ENFORCEMENT OF SETTLEMENT and the Defendant's "ANSWER" thereto, IT IS HEREBY ORDERED AND DIRECTED that a hearing will be held on Thursday, October 29, 2009, at 2:30 p.m. in Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. athryn Haskins, Plaintiff 2510 Arcona Road Me anicsburg, PA 17055 Daniel A. Haskins, Defendant J 1705 Elm Street New Cumberland, PA 17070 bas By the Court, I%J? ?A \ - M. L. Ebert, Jr., J. . z 1- LED-OF'-,'liL. OF THE P>~#????I?; N'bTARY 2009 JUL 23 PH 3: 09 KATHRYN C. HASKINS, PLAINTIFF V. DANIEL A. HASKINS, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1921 CIVIL CIVIL ACTION - LAW IN DIVORCE IN RE: PETITION FOR ENFORCEMENT OF SETTLEMENT ORDER OF COURT AND NOW, this 28th day of October, 2009, due to an illness with this Court, IT IS HEREBY ORDERED AND DIRECTED that the hearing scheduled for Thursday, October 29, 2009, at 2:30 P.M. will be continued until Friday, December 11, 2009, at 2:30 p.m. in Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. ?Kathryn Haskins, Plaintiff 2510 Arcona Road Mechanicsburg, PA 17055 ,, Daniel A. Haskins, Defendant 1705 Elm Street New Cumberland, PA 17070 bas Ccr I eS l£Ci- ?a?as fir B Court, for M. L. Ebert, Jr., J. BLED-O FICE OF THE PF0 q; -!nN0TAW 2009 OCT 28 PM 2: 1 1 KATHRYN C. HASKINS, Plaintiff V DANIEL A. HASKINS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-1921 CIVIL CIVIL ACTION - LAW IN DIVORCE IN RE: PETITION FOR ENFORCEMENT OF MARITAL SETTLEMENT AGREEMENT ORDER OF COURT AND NOW, this 11th day of December, 2009, this being the time and place set for a hearing on Plaintiff's Petition for Enforcement of Marital Settlement Agreement, and after hearing, IT IS HEREBY ORDERED AND DIRECTED that Kathryn Haskins will provide the court with the names and addresses and phone numbers of the insurance agents she spoke with with regard to insuring Daniel Haskins. IT IS FURTHER ORDERED AND DIRECTED that the court will then inform Mr. Haskins of the names of these individuals. He will contact both of them to determine his insurability and the premiums for insurance policies in the amount of $350,000.00. The defendant will contact these individuals and provide the requested information to the court on or before January 22, 2010. By the Court, ? Kathryn C. Haskins, Plaintiff 2510 Arcona Road Mechanicsburg, Pa. 17055 aniel A. Haskins, Defendant 1705 Elm Street New Cumberland, Pa. 17070 /YL"c ti ?£C? : mt f Copt-es WN\ -t ?A4 M. L. Ebert, Jr., 2 09 DEC 22 Pil 1* 38 /'? d KATHRYN C. HASKINS, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1921 CIVIL V. CIVIL ACTION - LAW DANIEL A. HASKINS, DEFENDANT IN DIVORCE IN RE: PETITION FOR ENFORCEMENT OF SETTLEMENT ORDER OF COURT AND NOW, this 4th day of January, 2010, the Plaintiff having submitted the names of the two insurance agents she contacted in regard to obtaining the life insurance policy required by the Property Settlement Agreement dated May 8, 2008; IT IS HEREBY ORDERED AND DIRECTED that the Defendant, Daniel A. Haskins shall contact Chad Miller, Agent for New York Life Insurance Company and Joseph F. McAndrew, Agent for MetLife, on or before February 12, 2010, and provide each of them with the necessary personal background and health information necessary to obtain quotes for life insurance on Defendant in the amount of $350,000.00 which names Kathryn C. Haskins as the beneficiary. Defendant shall provide to the Court these premium quotes from each agent for such insurance on or before February 26, 2010. By the Court, Itix -? ?AA M. L. Ebert, Jr., J. Kathryn Haskins, Plaintiff 2510 Arcona Road Mechanicsburg, PA 17055 Daniel A. Haskins, Defendant 1705 Elm Street New Cumberland, PA 17070 4L9a) Av?&A It A4S 115110 Chad A. Miller New York Life Insurance Co. 3401 North Front Street Harrisburg, PA 17110 Joseph McAndrew MetLife Insurance 930 Cornwall Road Lebanon, PA 17042 bas TN?TA" 2018 J +1-5 011; 36 KATHRYN C. HASKINS, PLAINTIFF V. DANIEL A. HASKINS, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1921 CIVIL CIVIL ACTION -LAW IN DIVORCE IN RE: PETITION FOR ENFORCEMENT OF SETTLEMENT ORDER OF COURT AND NOW, this 11th day of May, 2010, upon consideration of Plaintiff's Petition for Enforcement of Marital Agreement; IT IS HEREBY ORDERED AND DIRECTED that a hearing will be held on Friday, July 16, 2010, at 2:00 p.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania; IT IS FURTHER ORDERED AND DIRECTED that the Defendant shall provide to the Court on or before June 4, 2010, a copy of his 2009 Federal Income Tax Return. By the Court, Kathryn Haskins, Plaintiff 2510 Arcona Road Mechanicsburg, PA 17055 ~ Daniel A. Haskins, Defendant 1705 Elm Street New Cumberland, PA 17070 bas e s~~ ~~ ~~ ~~ ~ ~ ~ c ~ ~ ~ : C ,~~ .. { ~.. C N C.1 ~ .~';'{ A~ ~~ w KATHRYN C. HASKINS, IN THE COURT OF COMMON PLEAS OF PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1921 CIVIL V. CIVIL ACTION -LAW DANIEL A. HASKINS, DEFENDANT IN DIVORCE IN RE• PETITION FOR ENFORCEMENT OF MARITAL SETTLEMENT AGREEMENT ORDER OF COURT AND NOW, this 5th da~r of August, 2010, after hearing on Plaintiff's Petition to Enforce Marital Settlement Agreement, the Defendant not having appeared and the Plaintiff having advised the Court that she may consider approaching Defendant with an alternate solution; IT IS HEREBY ORDERED AND DIRECTED that hearing on the Petition for Enforcement of Marital Settlement Agreement is generally continued to the call of the Plaintiff. By the Court, ~~ M. L. Ebert, Jr., J. ./ Kathryn Haskins, Plaintiff 2510 Arcona Road Mechanicsburg, PA 17055 Daniel A. Haskins, Defendant 1705 Elm Street New Cumberland, PA 17070 bas ~~~~ $/s/,~ ~~ /7ld [ 1~4~, ~~'^' - ~,:_ , .~ ~t y^, c .~ 1 ~` F '`~ - ~ _~ W INCOME WITHHOLDING FOR SUPPORT O ORIGINAL INCOME WITHHOLDING ORDERINOTICE FOR SUPPORT (IWO) TI I I D tr,I q G Q AMENDEDIWO 7? h 0 ONE-TIMEORDERMOTICE FOR LUMP SUM PAYMENT DL- " I g A I a I L' I Q TERMINATION OF IWO Date: 08/10/1: ? Child Support Enforcement (CSE) Agency ® Court ? Attorney ? Private Individual/Entity (Check One) NOTE: This IWOClflieW& rsgJW..o"d*ace. 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 docu nent from someone other than a State or Tribal CSE agency or a Court, a copy of the underlying order must be attached. Staterrriberrerritory Commonwealth of Pennsylvania Remittance Identifier (include w/payment): 9452101292 City/County/Dist.rrribe CUMBERLAND Order Identifier: (See Addendum for order/docket infonna/ton) Private Individual/Entity CSE Agency Case Identifier: (See Addendum for case summary) STATE EMPLOYEES RETIREMENT SYS STE 150 30 N 3RD ST HARRISBURG PA 17101-1726 Employer/Income Withholder's FEIN Child(ren)'s Name(s) (Last, First, Middle) Child(ren)'s Birth Date(s) RE: HASKINS, DANIEL A. Employee/Obligor's Name (Last, First, Middle) 180-34-8154 Employee/Obligor's Social Securi Number (See Addendum for plaintiff na es associated with cases on attac ment) Custodial Party/Obligee's Name ( ast, First, Middle) NOTE: This IWO must be regular o i its face. Under certain circumstances you m st reject this IWO and return it to the sender (see IWO instructions httg://www.acf,hhs.aov/orograms/ci n whir ! / i i h -form .If you receive this document from so eone other than a State or Tribal CSE agency o r a Court, a copy of the underlying order must b attached. 0574100093 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 1 Commonwealth of Pennsylvania (State/Tribe). You are required by law to deduct these amounts from the em obligor's income until further notice. $ 0.00 per month in current child support C= $ 0.00 per month in past-due child support -Arrears 12 weeks or greater? Q yew $ 0.00 per month in current cash medical support $ 0.00 per month in past-due cash medical support C $ 0.00 per month in current spousal support r?-.• $ 0.00 per month in past-due spousal support $ no per month in other (must specify) for a Total Amount to Withhold of $ 0.00 per month., AMOUNTS TO WITHHOLD: You do not have to vary your pay cycle to be in compliance with th"reRt lnfi j 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 $ 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 within the Coml of Pennsylvania (State/Tribe), you must begin withholding no later than the first pay period that occurs ten working days after the date of this Order/Notice. Send payment within even 7 working days of the pay d you cannot withhold the full amount of support for any or all orders for this employee/obligor, withhold up to 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 require and any allowable employer fees at http•//www acf hhs gov/ roarams/cse/newhire/employer/contacts/conte htm for the employee/obligor's principal place of employment. Document Tracking Identifier OMB No.: 0970-0154 Form EN-028 Service Type M Worker ID $0 a month) If of 2 ? Return to Sender [Completed by Employer/income Withholder}. Payment must be directed to an SDU in accordance with 42 USC §666(b)(6) and (b)(6) or Tribal Payee (see Payments to SDU below). If payment is not directed to an SDU/TTribal Payee or this IWO is not regular on its face, you must check this an r turn the IWO to the sender. ..? Signature of Judge/Issuing Official (if required by State or Tribal law): lli? Print Name of Judge/Issuing Official: Title of Judge/Issuing Official: Date of Signature: If the employee/obligor works in a State or for a Tribe that is different from the State or Tribe that issued this order, a copy of this IWO must be provided to the employee/obligor. ? If checked, the employer/income withholder must provide a copy of this form to the employee/obligor. ADDITIONAL INFORMATION FOR EMPLOYERS/INCOME WITHHOLDERS Pennsylvania law (23 PA C.S. § 4374(b)) requires remittance by an electronic payment method if an employer is ordered to withhold income from more than one employee and employs 15 or more persons, or if an employer has a history of two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877.676.9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER /D (shown above as the EmployeWObligWs Case /dwtifler) OR SOCIAL SECURITY N R 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•/A ^: w acf hhs.aovlprograms/cso?newhire/employerlcontactWcontact am p.htm Priority: Withholding for support has priority over any other legal process under State law against the same income (USC 42 §666(bx7)). 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 06/12 Service Type M Page 2 of 3 Worker ID $OINC Employer's Name: STATE EMPLOYEES RETIREMENT SYS Employer FEIN: Employee/Obligor's Name: HASKINS DANIEL A. 9452101292 CSE Agency Case identifier: (See Addendum for case summa&yj Order Identifier: (See Addendum for order/doc? gt informatioi Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer C edit 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 permittd by the State or Tribe, you may deduct a fee for administrative costs. The combined support amount and fee may not exceed the limit i dicated in this section. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal em loyers/incon withholders who receive a State IWO, you may not withhold more than the lesser of the limit set by the law of the jurisdic on in which the employer/income withholder is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S. . 1673 (b)). Depending upon applicable State or Tribal law, you may need to also consider the amounts paid for health care premium 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: 05 4100093 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: New Employer's Name: New Employer's Address: CONTACT INFORMATION: Final Payment Amount: 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.chiIdsuDp-Qrt.atate.pa.us. Send termination/income status notice and other correspondence to: D_ OMESTIC RELATIONS SECTION, 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 (7. 17) 240-6248, by email or website at www.childsuRr_ortstate 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 06P Worker ID $OINC ADDENDUM Summery of Ga;gas on Att>tnent Defendant/01aftor: HASKINS, DANIEL A. PAQSES Case Number 771106196 Plaintiff Name KATHRYN C. HASKINS 04-1921 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 pocket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PAQ&. Cable NUMb+er Plaintiff t+lame Docket Attachment Amount $ ' 0.00 Child(ren)'s Name(s): DOB PACSES Case-Number Plain iff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PA[;SFS C aaw Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Service Type M Addendum OMB No.: 0970-0154 Form EN-028 06/12 Worker ID $OINC