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HomeMy WebLinkAbout09-0988ij ER L. KOPAS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. CIVIL TERM :Y J. KOPAS, Defendant 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 llowing pages, you must take prompt action. You are warned that if you fail to do so, the case ay proceed without you and a decree of divorce or annulment may be entered against you by e Court. A judgment may also be entered against you for any other claim or relief requested in ese papers by the Plaintiff. You may lose money or property or other rights important to you, cluding custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, u may request that the court require you and your spouse to attend marriage counseling prior a divorce decree being handed down by the court. A list of marriage counselors is available in Office of the Prothonotary at the Cumberland County Court House, Carlisle. You are vised that this list is kept as a convenience to you and you are not bound to choose a counselor )m the list. All necessary arrangements and the cost of counseling sessions are to be borne by u and your spouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, WYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, OU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO OT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FFICE SET FORTH BELOW WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, Pennsylvania 17013-3302 (717) 249-3166 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. SNELBAKER & BRENNEMAN, P.C. By: Attorneys for Plaintiff ZOGER L. KOPAS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v : NO. CIVIL TERM VIARY J. KOPAS, Defendant CIVIL ACTION - LAW IN DIVORCE COMPLAINT Plaintiff Roger L. Kopas, by his attorneys, Snelbaker & Brenneman, P. C., hereby is this Divorce Complaint as follows: COUNT I - DIVORCE 1. Plaintiff Roger L. Kopas is an adult individual residing at 245 Hempt Road, burg, Cumberland County, Pennsylvania 17050. 2. Defendant Mary J. Kopas is an adult individual residing at 25116 Spring Hill, Avenue, Sorrento, Florida 32776. 3. Plaintiff has been bona fide residents of the Commonwealth of Pennsylvania for at east six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were lawfully joined in marriage on April 9, 1988 in Florida. 5. There have been no prior actions of divorce or for annulment between the parties in this or any other jurisdiction since the date of the marriage averred in Paragraph above. 6. Neither party is a member of the armed forces of the United States of America. 7. The Plaintiff avers as the grounds upon which this action is based is that the marriage the parties hereto is irretrievably broken. 8. The Plaintiff has been advised that counseling is available and that Plaintiff may have LAW OFFICES SNELBAKER & he right to request that the Court require the parties to participate in counseling. BRENNEMAN, P.C. 9. The parties separated on February 29, 2008. 10. The Plaintiff requests this Court to enter a decree of divorce. WHEREFORE, Plaintiff Roger L. Kopas requests this Court to enter a Decree of vorce, divorcing the Plaintiff from the bonds of matrimony heretofore existing between the laintiff and Defendant pursuant to Section 3301(c) or 3301(d) of the Pennsylvania Divorce COUNT II - EQUITABLE DISTRIBUTION 11. Paragraphs 1 through 10, inclusive, of this Complaint are incorporated by reference herein. 12. The Plaintiff and Defendant have legally and beneficially acquired property and debts during their marriage from April 9, 1988. 13. The Plaintiff and Defendant have not agreed as to any equitable distribution of the marital property and debts. WHEREFORE, Plaintiff Roger L. Kopas requests this Court to order equitable distribution of marital property and debts. WHEREFORE, the Plaintiff Roger L. Kopas requests this Court to: (a) enter a decree of divorce, divorcing the Plaintiff from the bonds of matrimony pursuant to Section 3301(c) or 3301(d) of the Pennsylvania Divorce Code; (b) order equitable distribution of marital property and debts; and -2- LAW OFFICES SNELBAKER & BRENNEMAN, P.C. (c) order such other relief as this Court deems just and reasonable. By: SNELBAKER & BRENNEMAN, P.C. Keith O. Brenneman, Esquire 44 West Main Street Mechanicsburg, PA 17055-0318 (717) 697-8528 Date: February 18, 2009 Attorneys for Plaintiff Roger L. Kopas -3- LAW OFFICES SNELBAKER & BRENNEMAN, P.C. VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: February 18, 2009 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. ER L. KOPAS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. Y J. KOPAS, NO. CIVIL TERM Defendant CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT ROGER L. KOPAS, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Office of the ary, which list is available to me upon request. 3. Being so advised, I do NOT request that the court require my spouse and I participate n counseling prior to a divorce decree being handed down by the court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. li2o?,+y la, dVO17 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. r cV ' 77 1 N'? ROGER L. KOPAS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 09-988 CIVIL TERM MARY J. KOPAS, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVI'T' OF SERVICE COMMONWEALTH OF PENNSYLVANIA) . SS. COUNTY OF CUMBERLAND ) Keith O. Brenneman, Esquire, being duly sworn according to law deposes and says: that he is a principal in the law firm of Snelbaker & Brenneman, P. C., being the attorneys for Roger L. Kopas, Plaintiff in the above captioned action in divorce; that on February 18, 2009 he did send to Defendant Mary J. Kopas by certified mail, return receipt requested, restricted delivery, a duly certified copy of the Divorce Complaint which Has filed in the above captioned action as evidenced by the attached cover letter of the same date and Receipt for Certified Mail No. 7004 1350 0004 1256 4507; that both the Complaint and cover letter were duly received by Defendant Mary J. Kopas as evidenced by the return receipt card for said certified mail dated February 26, 2009; that a copy of the aforementioned cover letter dated February 18, 2009 is attached hereto and incorporated by reference herein as "Exhibit A" and that the original Receipt for Certified Mail and the Domestic Return Receipt are attached hereto and incorporated by reference herein as LAW OFFICES SNELBAKER & BRENNEMAN, P.C. I "Exhibit B"; and that the foregoing facts are true and correct to the best of his knowledge, information and belief. Keith O. Brenneman to and subscribed before me is 12th day of March, 2009. Notary Public COMMONWEALTH OF PENNSYLVANIA Npta . Seal Med Boro, W"dand Cot* My Commission Expres Nov. 24.2011 Member, Pennsvivanl^ AcSnctation of Notaries LAW OFFICES II -2- SNELBAKER 8C BRENNEMAN, P.C. SNELBAKER & BRENNEMAN A PROFESSIONAL CORPORATION ATTORNEYS AT LAW RICHARD C. SNELBAKER KEITH O. BRENNEMAN PHILIP H. SPARE Mary J. Kopas 25116 Spring Hill Avenue Sorrento, FL 32776 February 18, 2009 Dear Ms. Kopas: 44 WEST MAIN 5TREET MECHANICSBURG, PENNSYLVANIA 17055 717-697-8528 P. O. BOX 318 FACSIMILE (717) 697-7681 Enclosed please find a certified copy of a Divorce Complaint, the original of which was filed with the Prothonotary in Cumberland County, Pennsylvania on February 18, 2009. Yours truly. Keith O. Brenneman KOB/sm Enclosure CC: Roger L. Kopas By certified mail, return receipt requested, restricted delivery, Parcel No. 7004 1350 004 1256 4507 EXHIBIT A O CERTIFIED MAIL RECEIPT ?Domestic Mail Onl y; No Insurance Coverag- Provide4 ru z Postage $ .59 O Certilled Fee ,$ U R G a C3 Retum RedW Fee (Endmeement Required) 9 Postmark cr .20 1 Here O u1 M Restricted Delivery Fee (Endorsement Required) 1 O rq Total Postage & Fees $ O 23 ° MAry J, oj,as ° POeaz?n?.; 25116 Spring Hill Avenue - cm Vii: i, --------- ------------------------------------------------- Sorrento, FL 32776 ¦ 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 AO"ed to: n,? s 2511 SPr?n I??II Ve• ?rre rJv, r onde, 32 FAI&. 2. Article Number 7004 (Transfer from mvice A@W ''- X? Agent ? Addressee iro'Reoeived by (PintJt:i Name) C. Date of Delivery Jb-6105 D. Is delivery address different from item 1? ? Yes If YES, enter delivery address below: ? No 3. Service Type Certified Mail 13 Express Mail E3 Registered 13 Return Receipt for MercharKbe 13 Insured Mail 13 C.O.D. 4. Restricted Delivery? (Extra Fee) WYes 1350 0004 1256 4507 PS Form 3811, February 2004 Domestic Return Receipt LAW OFFICES SNELBAKER & BRENNEMAN,P.C. 102595-02-M-1540 EXHIBIT B r? c C::" .n _a ? ? ?^? k " y "'? ?. ?, ?'1 -w...- " ('i +. ? ? ? , .??e I?f ?^ > F-i y 'j .w ?,..1 // } T JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Defendant ROGER L. KOPAS, vs. Plaintiff MARY J. KOPAS, Defendant TO THE PROTHONOTARY: THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA oq No. Q-988 CIVIL TERM CIVIL ACTION - AT LAW DIVORCE Please enter my appearance as counsel of record for Defendant, Mary J. Kopas, in the above divorce action. Dated: < ftl4p By: JEANNE B. COSTO S, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Defendant CERTIFICATE OF SERVICE I, Jeanne B. Costopoulos, Esquire, hereby certify that this day I personally served a copy of the foregoing document upon the person, and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Mechanicsburg, Pennsylvania, through first class mail, prepaid, and addressed as follows: Snelbaker & Brenneman, P.C. 44 West Main Street Mechanicsburg, PA 17055 Date: By: JEAN B.COSTOPOULOS,E RE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 ATTORNEY FOR DEFENDANT it ?` * t !t y J { r 2.3 P`l 9 t I- ROGER L. KOPAS, THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION -DIVORCE NO. 09-988 CIVIL TERM MARY J. KOPAS, IN DIVORCE Defendant/Petittioner PACSES NO: 866111306 ORDER OF COURT AND NOW, this 1st day of December, 2009, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R. J. Shadday on December 28, 2009 at 1:30 P.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910. I 1 D (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you. If you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your an-est. Copies mailed to: Petitioner Respondent Jeanne B. Costopoulos, Esq. Keith O. Brenneman, Esq. Date of Order: November 24, 2009 BY THE COURT, Edward E. Guido, . -~- Judge YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 1F YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 ~_ ~ ~ •- 2~u~ t~~C - ~ F~~~ 2~ ~~' ,-, In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION MARY J . KOPAS ) Docket Number 0 9 - 9 8 8 CIVIL Plaintiff ) vs. ) PACSF.S Case Number 8 6 61113 0 6 ROGER L. KOPAS ) Defendant ) Other State ID Number ORDER TO CREDIT ARREARS AND NOW, on this 1ST DAY OF MARCH, 2010 IT IS HEREBY ORDERED that credit be given on the above captioned case in the amount of $ s 6 3.3 9 There ® is ~ is not an agreement of the parties to the credit. This credit is for: ® Direct Payments. ^ Purchases made or services performed by the Defendant on behalf of the Plaintiff or children. ^ Time children resided with the Defendant as agreed upon by parties, or addressed in a partial custody order for the following time periods: ~,~, © _~ r From to o` From to From to ~ ~ L, ^ Other: t'a ~. w rJ- Plaintiff Defendant 1ST DAY OF MARCH, 2010 Date DRO: R.J. Shadday Service Type M Date Date BY THE COURT: EDWARD E . GUIDO, JUDGE Form FI-002 Rev.l Worker ID 210 0 5 ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT 09-988 CIVIL State commonwealth of Pennsx vania OOriginal Order/Notice CO./City/Dirt. Of CUMBERLAND ®Amended Order/Notice Date of Order/Notice 03/01/10 OTerminateOrder/Notice Case Number (See Addendum for case summary) QOne-Time Lump Sum/Notice RE: KOPAS , ROGER L . EmployerNVithholder's Federal EIN Number Employee/Obligor's Name (Last, First, Mq 590-05-9212 Employee/Obligor's Social Security Number HEMPT FARMS 6241101951 250 HEMPT RD Employee/Obligor's Case Identifier ME CHANI C S BURG PA 17 0 5 0 - 2 6 0 6 (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. $ o. oo per month in current child support ' $ o. oo per month in past-due child support Arrears 12 weeks or greater? ~ (o $ o . oo per month in current medical support Z $ o. oo per month in past-due medical support s $ 367.00 per month in current spousal support ~ $ o. oo per month in past-due spousal support ~ ~ $ o . oo per month for genetic test costs t,~ ~ , ;.- $ o . oo per month in other (specify) $ one-time lump sum payment for a total of $ 367.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be incompliance 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: $ 84.69 per weekly pay period. $ 183.50 per semimonthly pay period 169.38 (twice a month) $ per biweekly pay period (every two weeks) $ _ 367.• oo per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). Pennsylvania law (23 PA C.S. § 4374(b)) requires remittance by an electronic payment method if an employer is ordered to withhold income from more than one employee and employs 15 or more persons, or if an employer has a history of two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME A above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURIT MBEIi DO NOT SEND CASH BY MAIL. ,..~ BY THE COURT: DRO: R.J. Shadday Service Type M OMB No.: 0970-0154 Edward E. 17106-9112 Judge MEMBER 1D (shown ~R TO BE PROCESSED. Form E N-028 Rev.S Worker I D $ IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ~ If~hecked you are required. to provide a~opy of this form to your~mployee. If your employee works in a state that is di Brent from the state that issued this or er, a copy must be provi edd to your emp ogee even if the box is not checked 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee%bligor'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%bligor 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%bligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 2313747530 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : O THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: ~ EMPLOYEE'S/OBLIGOR'S NAME: KOPAS , ROGER L . EMPLOYEE'S CASE IDENTIFIER: 6241101951 LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: NEW EMPLOYER'S NAME/ADDRE DATE OF SEPARATION: FINAL PAYMENT AMOUNT• 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%bligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Antidiscrimination: You are subject to a fine determined under State law for discharging an employee%bligorfrnm 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 respell to these items. 11. Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by Internet www.childsupport.state.pa.us Page 2 of 2 Service Type M OMB No.: 0970-0154 Form EN-028 Rev.5 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: KOPAS, ROGER L. PACSES Case Number 866111306 Plaintiff Name MARY J. KOPAS Docket Attachment Amount 09-988 CIVIL $ 367.00 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 $ o.oo Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): DOB __ Addendum Form EN-028 Rev.5 Service Type M OMB No.: 0970-0154 Worker I D $ IATT I Y In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION ROGER L. KOPAS ) Docket Number 09-988 CIVIL Plaintiff ) vs. ) PACKS Case Number 866111306 MARY J. KOPAS ) Defendant ) Other State ID Number u 0 PETITION FOR MODIFICATION OF AN EXISTING SUPPORT ORDER U W r N 1. The petition of ROGER L. KOPAS respectfully represents that on DECEMBER 28, 2009 an Order of Court was entered for the support of MARY J. KOPAS A true and correct copy of the order is attached to this petition. Service Type M Form OM-501 Worker ID 21205 • a KOPAS V. KOPAS PACSES Case Number: 866111306 2. Petitioner is entitled to 0 increase 0 decrease # termination 0 reinstatement 0 other of this Order because of the following material and substantial change(s) in circumstance: (A? Pcx'i kcn Rr?s Tv? c.. Am I viald ?rrun q' 3l2-3/20/0. .L ?.m vwA.) WHEREFORE, Petitioner requests that Ihq Court modify the existing order for support. Attorney for Petitioner I verify that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsification to authorities. OS/2-3/2-/) Date Petition Page 2 of 2 Form OM-501 Service Type M Worker ID 21205 ROGER L. KOPAS, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANI A VS. CIVIL ACTION - DIVORCE - • ;? NO. 09-988 CIVIL TERM MARY J. KOPAS, IN DIVORCE Defendant r-4 PACSES CASE NO: 866111306 < car. ORDER OF COURT AND NOW, this 23rd day of August, 2010, a petition has been filed against you, Mary.l. Kopas, to modify an existing Alimony Pendenle Life Order. You are ordered to appear in person at the Domestic Relations Section, 13 North Hanover Street, Carlisle, Pennsylvania, on September 30, 2010 at 9:00 A.M. for a conference and to remain until dismissed by the Court. If you fail to appear as provided in this Order, an Order of Court may be entered against you, You are further ordered to bring to the conference (1) a true copy of your most recent Federal Income Tax Return. including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by the Rule 1910.11. (4) verification of child care expenses (5) proof of medical coverage which you may have. or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. Copies mailed to: Petitioner Respondent Jeanne B. Costopoulos, Esq. Keith O. Brenneman, Esq, Date of Order: August 23. 2010 BY THE COURT, Edward . G do Judge YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717)249-3166 cc361 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION 13 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA. 17013 Defendant Name: ROGER L. KOPAS Member ID Number: 6241101951 c c Please note: All correspondence must include the Member ID Number. 'b C17 t`r'1 iT?rr? ATT Ct`-p Financial Break Down of Multiple Cases on Attachment -' Plaintiff Name MARY J. KOPAS PACSES Docket Case Number Number 866111306 09-988 CIVIL .-t- (:: w Attachment Amount/uuerp $ 367.00 /MONTH 4 i $ ,= t-7 ?e -G TOTAL ATTACHMENT AMOUNT: $ 367A0 Now, by Order of this Court, the Department of Labor and Industry, Office of Unemployment Compensation Benefits (OUCB), is hereby directed to attach the lesser of $ 84 .46 per week, or 50 of the Unemployment Compensation benefits otherwise payable to the Defendant, ROGER L. KOPAS Social Security Number XXX-XX- 9212 Member 1D Number 6241101951 . OUCB is ordered to remit the amount attached to the Department of Public Welfare (DPW). DPW shall forward the amount received from OUCB to the Domestic Relations Section of this Court for support and/or support arrearages. If the Defendant's Unemployment Compensation benefits are attached by another Court or Courts for support and/or support arrearages, DPW may reduce the amount attached under this Order so that the total amount attached does not exceed the maximum amount subject to garnishment pursuant to 15 U.S.C. § 1673 (b)(2) and 23 Pa. C.S.A. § 4348 (g). This Order shall be effective upon receipt of the notice of the Order by the OUCB and shall remain in effect until the Defendant's entitlement to Unemployment Compensation benefits, under the Application for Benefits dated AUGUST 22 , 2 010 is exhausted, expired or deferred. OUCB shall comply with this Order, unless it is amended or vacated by subsequent Order of this Court. All questions, challenges or obligations to this Order shall be directed to the Domestic Relations Section of this Court. BY THE COURT Date of Order: SEP 0 7 2090 EDWARD E. GU1D0, DRO: R.J. SHADDAY JUDGE Form EN-530 Rev.2 Service Type M Worker ID $IATT r MBET,-AND -IT WT'V, PENN' i D a nP.eman J - J^ %_ s?o??o_cs = _t, rn?, =cr_ nda?i -, 2f -rn y?y 4 `-' ?' } rn - - a ms Ij,ast-_ has ;Dee- _iu _-_r= -o: c -c tc T,r ease ?ij. n r' . l J?rl ? ?p c?P koL, ? 4,4A r:fly 3: 01 3 JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 130 Gettysburg Pike, Suite C Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attornev for Defendant, Mary J. Kopas ROGER L. KOPAS, Plaintiff vs. MARY J. KOPAS., Defendant ?C v?it? ?Jr1?;f? THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 09-988 CIVIL TERM CIVIL ACTION - AT LAW DIVORCE PRETRIAL STATEMENT OF MARY J. KOPAS, DEFENDANT AND NOW comes the Defendant, Mary J. Kopas, by and through her attorney, Jeanne B. Costopoulos, Esquire, and respectfully submits the following Pretrial Statement: 1. BACKGROUND INFORMATION A. PARTIES HUSBAND Plaintiff NAME Roger L. Kopas ADDRESS 245 Hempt Road Mechanicsburg, PA. 17050 AGE 50 YEAR OF BIRTH 1960 H EALTH Good EMPLOYER DSI Mohawk Racetrack OCCUPATION Horse trainer and stable manager WIFE Defendant NAME Mary J. Kopas ADDRESS Missouri AGE 53 YEAR OF BIRTH 1957 HEALTH Poor EMPLOYER Various OCCUPATION Various B. CHILDREN Clint Kopas Age 21 Catherine Kopas Age 17 C. MARRIAGE INFORMATION DATE OF MARRIAGE April 9, 1988 PLACE OF MARRIAGE Orlando, Florida DATE OF SEPARATION February 26, 2008 CIRCUMSTANCES OF SEPARATION Husband had offered such indignities to Wife as to render her condition intolerable and life burdensome such that she vacated the marital residence. D. PRIOR MARRIAGES WIFE None. HUSBAND None. E.CHILDREN OF OTHER RELATIONSHIPS/MARRIAGES None. PROCEEDINGS INFORMATION DATE ACTION COMMENCED Complaint in Divorce filed by Husband on February 18, 2009. ISSUES RAISED IN DIVORCE Divorce under section 3301(c) of the COMPLAINT AND SUBSEQUENT Divorce Code, Equitable Distribution PLEADINGS FILED BY PLAINTIFF ISSUES RAISED IN COUNTERCLAIM APL, Counsel Fees, Costs & Expenses, AND SUBSEQUENT PLEADINGS Alimony raised in Petition for Related FILED BY DEFENDANT Claims filed on November 13. 2009 ILMARITAL ASSETS AND DEBTS ITEM NO. DESCRIPTION TOTAL VALUE I Husband Union Central IRA $10,934.56 2 Husband Prudential IRA $9,619.66 3 Husband Hempt 401 K $690.54 4 Husband CIBC Wood Gundy accounts Unknown 5 Husband Aquilas Stable CIBC Wood Gundy accounts $53,452.00 in Canadian funds 6 Fulton joint savings $1.000.00 7 2005 Mercury Mountaineer $19.015.00 8 2003 Mercury Marauder $15.030.00 9 Aquila Stables Unknown 10 Life insurance, investments, other assets not yet disclosed by Husband Unknown ITEM NO. DESCRIPTION TOTAL VALUE 11 Wife's medical bills T/B/D 12 Fulton Bank loan ($11.692.49) 13 Ford Motor Credit ($4,245,09) 14 Chase loan ($2,825.36) IILINCOME & EXPENSES The current support order has been attached. Husband recently filed a petition to modify since he changed jobs. Wife can prepare a detailed statement if necessary prior to a hearing. IV.WITNESSES: In addition to herself and Plaintiff as on cross, Wife intends to call the following witnesses: EXPERT WITNESSES NAME SUBJECT OF TESTIMONY Various to be determined Wife's health concerns and medical prognosis NON-EXPERT WITNESSES Witnesses who may be called to testify in addition to Wife are not known at this time. If such additional witnesses are identified, Wife reserves the right to call them as witnesses upon proper notification to counsel for Wife. V.LISTING OF PROPOSED EXHIBITS The following is a listing of Exhibits which Wife anticipates submitting at the hearing in this case: NO. DESCRIPTION 1 Tax returns of the parties 2 Husband IRA statements 3 Husband's 401 K statements from Hempt Brothers, Inc. 4 CIBC Wood Gundy statements re Husband's Canadian investments, both business and personal 5 Blue book printouts regarding the parties' vehicles C Documents showing car loan balances 7' Chase statement 8 Business records of Husband 9 Fulton bank account statements 10 Wife's medical records and medical bills 8 Husband's responses to Wife's formal discovery requests TB 1) Any documentation exchanged by counsel through discovery. If additional exhibits are identified by Husband, Wife reserves the right to submit additional Exhibits upon proper notification to counsel for Husband. VI.PROPOSED RESOLUTION A. DIVORCE: Husband has filed under section 3301(0 of the Divorce Code but the parties have also been separated in excess of two years, therefore, grounds have been established under section 3301(d) of the Divorce Code. B. EQUITABLE DISTRIBUTION: Wife should receive 75% of the marital estate due to the large disparity in the parties' incomes and Wife's health problems. Husband should be required to pay Wife's medical debt. C. ALIMONY: Wife has requested alimony from Husband. Alimony is necessary or reasonable after consideration of the following relevant factors pursuant to 23 Pa.C.S.A. §3701(b): (1) Wife does not have sufficient earnings to support herself. Wife suffers from health problems which affect her ability to maintain employment:. (2) Husband is 50 years of age. Wife is 53 years of age. Husband is in good health. Wife has a serious medical condition. Wife will be obtaining an updated prognosis report from her doctor which she intends to provide in sufficient time prior to a hearing. (3) Husband recently left his job as farm manager at Hernpt Farms where he worked for about 14 years. Husband is now assuming a position as second trainer with his brother, John Kopas, at Mohawk Racetrack. (4) Husband currently pays APL in the amount of approximately $367.00 per month. Wife is in need of medical coverage which was historically provided by Husband through his employment. (5) It is believed that neither party is anticipating any expectancies or inheritances in the near future. (6) The parties were married on April 9, 1988 and separated on February 26, 2008. Therefore, the parties were married for a little under 20 years, during which time Wife was the dependent spouse. (7) Neither party has contributed to the earning capacity of the other. (8) The parties' 17 year old daughter currently resides with Husband. However, it is believed that the parties' daughter would prefer to remain in Pennsylvania when Husband relocates to Canada in the near future. (9) The parties lived an upper middle class lifestyle throughout the marriage. (10) Neither Wife nor Husband have advanced degrees, but Husband is highly respected in his field working with horses and managing stables. (1 1) Although Wife is seeking a greater percentage of the marital estate, she will still not have enough assets to support herself. (12) Neither party brought significant assets to the marriage. (13) Wife contributed as a homemaker for several years. More recently, Wife has been working outside the home but has been limited in her abilities due to her health problems. (14) Wife's needs are substantially greater needs than Husband's as she has serious health concerns. (15) Husband engaged in a course of marital misconduct throughout the marriage. Husband's conduct constituted indignities to Wife such that it made her life burdensome and her condition intolerable. (16) It is anticipated that if alimony were to be awarded to Wife that the payments would constitute income to Wife and would be deductible for Husband. (17) Wife lacks sufficient property to provide for her reasonable needs. (18) Wife is not capable of self-support through appropriate employment due to her health issues. D. COUNSEL FEES, COSTS & EXPENSES: Wife has filed a claim for legal fees, costs, and expenses. Wife is the dependent spouse and suffers from health problems and she cannot afford to pay counsel fees and costs. By: JE NNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 130 Gettysburg Pike, Suite C Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Defendant Dated: r /7 / CERTIFICATE OF SERVICE 1. Jeanne B. Costopoulos, Esquire, hereby certify that this day I personally served a copy of the foregoing document upon the person, and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure. by depositing a copy of the same with the United States Post Office at Mechanicsburg, Pennsylvania, through first class mail, prepaid, and addressed as follows: Keith O. Brenneman, Esquire Snelbaker & Brenneman, P.C. 44 West Main Street Mechanicsburg, PA 17055 By.?___-- -- JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. Into. 68735 130 Gettysburg Pike, Suite C Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 ?Attorney for Defendant, Mary J. Kopas Dated: ROGER L. KOPAS, Plaintiff/Respondent \7S. MARY J. KOPAS, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 09-988 CIVIL, TERM IN DIVORCE PACSES CASE: 866111306 ORDER OF COURT AND NOW, this 28th day of December 2009, based upon the Court's determination that the Petitioners monthly net income/earning capacity is $ 1,583.39 and the Respondents montitiy riot income/earning capacity is $ 3,953.90 it is hereby ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit Four Hundred Four and 00/100 Dollars (,$404.00) per month payable biweekly as follows: $ 404.00 per month for.9limony Pendente Lite and $ 0.00 per month on arrears. First payment due: in accordance with Respondent's pay schedule. The effective date of the order is November 19, 2009. Arrears set at $ 563.39 as of December 28. 2009. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa.C.S.? 3703. Further. if the Court finds. after hearing. that the Respondent has willfully failed to comply lkllh this Order, it may declare the Respondent in civil contempt of Court and, at its discretion, make an appropriate Order, including, but not limited to, commitment of the Respondent to prison for a period not to exceed six months. Said money to be turned over by the PA SCDU to: Mary J. Kopas. Payments must be made by check or money, order. All checks and money orders must be made payable to PA SCDU and mailed to: PA SCDU P.O. Box 69110 Harrisburg. PA 17106-9110 Payments must include the Respondent's name with their PACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. cc360 ROGER L. KOPAS, . Plaintiff/Respondent VS. . MARY J. KOPAS, . Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 09-988 CIVIL TERM IN DIVORCE PACSES CASE: 866111306 '3 CU t? rn r.r3T-' N C= d cn r*i w -v N CD -1 rn r-- -v m ,?DQ c:) , -10 =-n _r ORDER OF COURT AND NOW to wit, this 30th day of September, 2010, it is hereby Ordered that the Alimony Pendente Lite order is suspended, effective October 1, 2010, pursuant to the Respondent being laid off and receiving Unemployment Compensation benefits and the Petitioner having an obligation for child support for the parties' child that resides with the Respondent (Pa. R.C.P. Rule 1910.16-4(e). There is a remaining balance of $254.14 owed to the Petitioner and is to be paid at a rate of $100.00 per month. This Order shall become final twenty (20) days after the mailing of the notices of the entry of the Order to the parties unless either party files a written demand with the Office of the Prothonotary for a hearing de novo before the Court. BY THE COURT: i- EdwaMfGuidN, J. DRO: R.J. Shadday xc: Petitioner Respondent Jeanne' B. Costopoulos, Esq. Keith O. Brenneman, Esq . Form OE-001 Service Type: M Worker: 21005 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION 13 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA. 17013 Phone: (717) 240-6225 Fax: (71'n 240-6248 Defendant Name: ROGER L . xoPAs Member ID Number: 6241101951 Please note: AU correspondence must uulude the Member ID Number. MODIFIED ORDER OF ATTACHMENT OF UNEMPLOYMENT BENEFITS nancial Break Down of Multiple Cases on Astachment PACSES Docket Plaintiff Name Case Number Number Attachment AmountlFreauencv MARY J. ROPAS 866111306 09-988 CIVIL $ 100.00 MONTH $$$ ~ $ ~ "~ l.f J '~.. $ ~ '~ .ass.,. ~...- t4 J, ~-- c:;~ ;, ~ ,_ 4° TOTAL ATTACHMENT AMOiJNT: $ 10 0.0 0 Now, bgt $~der of this Court, the Department of Labor and Industry, Office of Unemployment Censatlon lets (OUCB), is hereby directed to attach the lesser of $ 23 . of a``peac ~,ek, ~ 5 5 0`=; ~ , of the Unemployment Compensation benefits otherwise payable to the Defendant, ~ r~~._. R~~2 L~ KU.PA~' Social Security Number XXX-XX-9212 ,Member ID Nldmb~'a6 24.]:1019 51 OUCB is ordered to remit the amount attached to the Department of Public Welfare (DPW). DPW shall forwazd the amount received from OUCB to the Domestic Relations Section of this - Court for support and/or support arreazages. If the Defendant's Unemployment Compensation benefits are attached by another Court or Courts for support and/or support arreazage, DPW may reduce the amount attached under this Order so that the total amount attached does not exceed the maximum amount subject to garnishment pursuant to 15 U.S.C. § 1673(b)(2) and 23 Pa. C.S. § 4348{g). This Order shall be effective upon receipt of the notice of the Order by the OUCB and shall remain in effect until the Defendant's entitlement to Unemployment Compensation benefits, under the Application for Benefits dated AUGUST 2 2 , 2 01 o is exhausted, expired or deferred. OUCB shall comply with this Order, unless it is amended or vacated by subsequent Order of this Court. All questions, challenges or obligations to this Order shall be directed to the Domestic Relations Section of this Court. Date of Order: nCT 0 4 2010 DRO; R.J. SI-IADDAY Service Type M BY THE COURT ar- ~~ EDWARD E. GUIDO, JUDGE Form EN-034 Rev.2 Worker ID $ IATT ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT 09-988 CIVIL QOriginal Order/Notice State Commonwealth of Pennsylvania QAmended Order/Notice CO./City/Dist. Of C~ERLAND Date Of Order/Notice 10/04/10 OTerminate Order/Notice Case Number (See Addendum for case summary) QOne-Time Lump Sum/Notice RE: KOPAS , ROGER L . Employer/Withholder's Federal EIN Number Employee/Obligor's Name (Last, first, MI) 590-05-9212 Employee/Obligor's Social Security Number HEMPT BROS INC** 6241101951 205 CREEK RD Employee/Obiigor's Case Identifier CAMP HILL PA 17 011- 7418 (See Addendum for plaintiff names associated with cases on attachme~rt) Custodial Parent's Name (Last, First, Mp See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUNIDERLAND 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. $ o . oo per month in current child support $ o . oo per month in past-due child support Arrears 12 weeks or greaten' Q yes ®no $ o . oo per month in current medical support ~` $ o . oo per month in past-due medical support ~ $ o . oo per month in current spousal support ~ ^'~,,, "~"{ $ o. oo per month in past-due spousal support .. ~ ~ r $ o. oo per month for genetic test costs r~~ ~~, ~~~ $ o. oo per month in other (specify) `r,„.~ --~ ~r``~ $ one-time lump sum payment v7~ ~ ~~ for a total of $ 0.00 per month to be forwarded to payee below. ~=`~ ~" ~~'-'~ ,,r O You do not have to vary your pay cycle to be incompliance with the support order. If your pay cy~-'Fe~pes+~t-r~c•~ the ordered support payment cycle, use the following to determine how much to withhold: "'~ ~ti '~"' $ o . oo Per weekly pay period. $ o . oo per semimonthly pay;per`Yod ~- (twice amonth) $ o . oo per biweekly pay period (every two weeks) $ o . oo per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). Pennsylvania law (23 PA C.S. § 4374(b)) requires remittance by an electronic uavment 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 DEFEND AND THE PACSES MEMBER /D (shown above as the Employee/Obligor's Case Identifier) ORS AL SECU NUMBER 1N ORDER TO BE PROCESSED. DO NOT SEND CASH BY MA/L. ~ BY THE COURT: ~` . Edward Oxido, Judges DRO: R.J. Shadday Form EN-028 Rev.S Service Type M OMB No.:0970.0754 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ~ If heck you are required to provide a opy of this form to your, m loyee. If yo r employee orks in a state that is di~erent from the state that issued this o~er, a copy must be provideec~to your empYoyee even if tie 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%bligor. 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 respell 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%bligoranct you are unable to honor all support Omer/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%bligor is no longer working for you. Please provide the information requested and return a copy of this OrdedNotice to the Agency identified below. 2315095170 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : ~ THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: C~ EMPLOYEE'S/OBLIGOR'S NAME: KOPAS , ROGER L . EMPLOYEE'S CASE IDENTIFIER: 6241101951 LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: DATE OF SEPARATION: FINAL PAYMENT AMOUNT: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee%bligor'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 govems. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee%bligorfrorn employment, refusing to employ, or taking disciplinary action against any employee%bligorhecause of a support withholding. Pennsylvania State law govems unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) (15 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50°/° limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks : If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: * NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Send Termination Notice and other correspondence to: If you or your employee/obligor have any questions, DOMESTIC RELATIONS SECTION contact WAGE ATTACHMENT UNIT i 3 N HANOVER ST by telephone at (717) 240-6225 or P.O. BOX 320 by FAX at (717) 240-6248 or CARLISLE PA 17013 by Internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Rev.5 Service Type M OMBNp.:0970-0154 Worker ID $IATT ADDENDUM Summary of Cases on Attachment DefendandObligor: KOPAS , ROGER L . PACSES Case Number 866111306 Plaintiff Name MARY J. KOPAS Docket Attachment Amount 09-988 CIVIL $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Chiid(ren)'s Name(s): DOB _. __ PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): DOB Addendum Service Type M OMB No.: 0970-0154 PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): DOB Form EN-028 Rev.S Worker ID $IATT In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION ROGER L. KOPAS ) Docket Number 09-988 CIV i ,T! Plaintiff ) PACSES Case Number 86611 V3§ vs. KOPAS ) Other State ID Number MARY J . Defendant ro APPEAL OF COURT ORDER AND NOW, comes the Defendant, MARY J. KOPAS, by and through her attorney, Jeanne B. Costopoulos, Esquire, and respectfully submits the following appeal: 1. An Order granting Plaintiff's request to terminate APL was entered on September 30, 2010. The Order is attached as Exhibit A. 2. Defendant hereby appeals the above-referenced order for the following reasons: Plaintiff voluntarily quit one of his two jobs and his unemployment eligibility regarding the other job raises his earning capacity to an amount higher than that determined by the conference officer. WHEREFORE, Defendant respectfully appeals the order entered on September 30, 2010 and respectfully requests a hearing de novo. Respectfully submitted, Jeanne B. Costopoulos, Esquire ATTORNEY FOR DEFENDANT 130 Gettysburg Pike, Suite C Mechanicsburg, PA 17055 Phone: (717) 221-0900 PA Supreme Ct. ID No. 68735 DATE: CERTIFICATE OF SERVICE I, Jeanne B. Costopoulos, Esquire, hereby certify that a true and correct copy of the foregoing document was served upon the following via postage pre-paid first class mail: Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055-6249 r BY: - JeanneB. Costopoulos, Esquire ATTORNEY FOR DEFENDANT 130 Gettysburg Pike, Suite C Mechanicsburg, PA 17055 Phone: (717) 221-0900 f _ PA Supreme Ct. ID No. 68735 DATE: - EXHIBIT A ROGER L. KOPAS, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 09-988 CIVIL TERM MARY J. KOPAS, IN DIVORCE Defendant/Petitioner PACSES CASE: 866111306 ORDER OF COURT AND NOW to wit, this 301h day of September, 2010, it is hereby Ordered that the Alimony Pendente Lite order is suspended, effective October 1, 2010, pursuant to the Respondent being laid off and receiving Unemployment Compensation benefits and the Petitioner having an obligation for child support for the parties' child that resides with the Respondent (Pa. R.C.P. Rule 1910.16-4(e). There is a remaining balance of $254.14 owed to the Petitioner and is to be paid at a rate of $100.00 per month. This Order shall become final twenty (20) days after the mailing of the notices of the entry of the Order to the parties unless either party files a written demand with the Office of the Prothonotary for a hearing de novo before the Court. BY THE COURT: it Edwa • Guide, J. DRO: R.J. Shadday xe: Petitioner Respondent Jeanne' B. Costopoulos, Esq. Keith O. Brenneman. Esq . Service Type: M Fomi OE-001 Worker: 21005 4 ~~ M In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION Docket Number PACSES Case Number Other State ID Number ORDER OF COURT 09-988 CIVIL ~~ N a ~ ~ 866111306 ..~~ w o -?~ rn ,.~.~ ~~ ~ ~~ ~ .,.~ ~ ~-°~ ~ , -~r~ ~~ ° ~ ~ ~~ : o c~ ~ ~ ~ c.~ ~ You, Roger L. Kopas, of 1075 Buck Drive, Milton, Ontario L9T-SP6 are ROGER L. KOPAS, Plaintiff/Respondent vs. MARY J. KOPAS, Defendant/Petitioner ordered to appear at the DOMESTIC RELATIONS hearing room, c/o Hearing Room, DOMESTIC RELATIONS OFFICE, 13 North Hanover Street, Carlisle, Pennsylvania 17013 on the 15th of November at 1:30 p.m. for a hearing. You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income Statement and the appropriate Expense Statement, if required, attached to this order, completed as required by Rule 1910.11(c), 4. verification of child care expenses and, 5. proof of medical coverage which you may have, or may have available to you, 6. information relating to professional licenses, 7. other: .- .. KOPAS V. KOPAS PACSES Case Number 866111306 If you fail to appear for the heazing or to bring the required documents, the court may issue a warrant for your arrest and/or enter an interim Support order. THE APPROPRIATE COURT OFFICER MAY ENTER AN ORDER AGAINST EITHER PARTY BASED UPON THE EVIDENCE PRESENTED WITHOUT REGARD TO WHICH PARTY INITIATED THE SUPPORT ACTION. BY THE COURT: Date of Order: 10/15/10 Edward E. Gur' ~ JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 Bedford Street Carlisle, PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office at (717)240-6225. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. CM-509 '~ In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION ROGER L. KOPAS, )Docket Number 09-988 CIVIL PlaintifflRespondent ) vs. ) PACSES Case Number 866111306 MARY J. KOPAS, )Other State ID Number ~ ~ ~ DefendantlPetitioner ) ~ ~ ~ r- ~ ~~ ~ Ica ORDER OF COURT ~~,, ~.~~ ~~~ ~ ~ ~~ ~~ ~? °~ You, Mary J. Kopas, of 113 Fort W Side, Bourbon, Missouri, are ~ cn ~' ~ w ordered to appear at the DOMESTIC RELATIONS hearing room, c/o Hearing Room, DOMESTIC RELATIONS OFFICE, 13 North Hanover Street, Carlisle, PA 17013 on the 15`h of November at 1:30 p.m. for a hearing. You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income Statement and the appropriate Expense Statement, if required, attached to this order, completed as required by Rule 1910.11(c}, 4. verification of child care expenses and, 5. proof of medical coverage which you may have, or may have available to you, 6. information relating to professional licenses, 7. other: ', ~ KOPAS V. KOPAS PACSES Case Number 866111306 If you fail to appear for the hearing or to bring the required documents, the court may issue a warrant for your arrest and/or enter an interim Support order. THE APPROPRIATE COURT OFFICER MAY ENTER AN ORDER AGAINST EITHER PARTY BASED UPON THE EVIDENCE PRESENTED WITHOUT REGARD TO WHICH PARTY INITIATED THE SUPPORT ACTION. BY THE COU A Date of Order: 10/15/10 Edward ido, JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Baz Association 32 Bedford Street Carlisle, PA 17013-3302-32 (717} 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office at (717)240-6225. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled heazing. CM-509 ROGER L. KOPAS, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. DOMESTIC RELATIONS SECTION-0 MARY J. KOPAS, PACSES NO. 866111306 Defendant/Respondent DOCKET NO. 09-988 CIVIL - --;_? c 2 INTERIM ORDER OF COURT AND NOW, this 16th day of November, 2010, upon consideration of the Support Master's Report and Recommendation, a copy of which is attached hereto as Exhibit "A", it is ordered and decreed as follows: The interim order of September 30, 2010 is affirmed as a final order. IMPORTANT LEGAL NOTICE PARTIES MUST WITHIN SEVEN DAYS INFORM THE DOMESTIC RELATIONS SECTION AND THE OTHER PARTIES, IN WRITING, OF ANY MATERIAL CHANGE IN CIRCUMSTANCES RELEVANT TO THE LEVEL OF SUPPORT OR THE ADMINISTRATION OF THE SUPPORT ORDER, INCLUDING, BUT NOT LIMITED TO, LOSS OR CHANGE OF INCOME OR EMPLOYMENT AND CHANGE OF PERSONAL ADDRESS OR CHANGE OF ADDRESS OF ANY CHILD RECEIVING SUPPORT. A PARTY WHO WILLFULLY FAILS TO REPORT A MATERIAL CHANGE IN CIRCUMSTANCES MAY BE ADJUDGED IN CONTEMPT OF COURT, AND MAY BE FINED OR IMPRISONED. PENNSYLVANIA LAW PROVIDES THAT ALL SUPPORT ORDERS SHALL BE REVIEWED AT LEAST ONCE EVERY THREE (3) YEARS IF SUCH REVIEW IS REQUESTED BY ONE OF THE PARTIES. IF YOU WISH TO REQUEST A REVIEW AND ADJUSTMENT OF YOUR ORDER, YOU MUST DO THE FOLLOWING: CALL YOUR ATTORNEY. AN UNREPRESENTED PERSON WHO WANTS TO MODIFY (ADJUST) A SUPPORT ORDER SHOULD CONTACT THE DOMESTIC RELATIONS SECTION. ALL CHARGING ORDERS FOR SPOUSAL SUPPORT AND ALIMONY PENDENTE LITE, INCLUDING UNALLOCATED ORDERS FOR CHILD AND SPOUSAL SUPPORT OR CHILD SUPPORT AND ALIMONY PENDENTE LITE, SHALL TERMINATE UPON DEATH OF THE PAYEE. A MANDATORY INCOME ATTACHMENT WILL ISSUE UNLESS THE DEFENDANT IS NOT IN ARREARS IN PAYMENT IN AN AMOUNT EQUAL TO OR GREATER THAN ONE MONTH'S SUPPORT OBLIGATION AND (1) THE COURT FINDS THAT THERE IS GOOD CAUSE NOT TO REQUIRE IMMEDIATE INCOME WITHHOLDING; OR (2) A WRITTEN AGREEMENT IS REACHED BETWEEN THE PARTIES WHICH PROVIDES FOR AN ALTERNATE ARRANGEMENT. UNPAID ARREARAGE BALANCES MAY BE REPORTED TO CREDIT AGENCIES. ON AND AFTER THE DATE IT IS DUE, EACH UNPAID SUPPORT PAYMENT SHALL CONSTITUTE, BY OPERATION OF LAW, A JUDGMENT AGAINST YOU, AS WELL AS A LIEN AGAINST REAL PROPERTY. IT IS FURTHER ORDERED THAT, UPON PAYOR'S FAILURE TO COMPLY WITH THIS ORDER, PAYOR MAY BE ARRESTED AND BROUGHT BEFORE THE COURT FOR A CONTEMPT HEARING; PAYOR'S WAGES, SALARY, COMMISSIONS, AND/OR INCOME MAY BE ATTACHED IN ACCORDANCE WITH LAW. PAYOR IS RESPONSIBLE FOR COURT COSTS AND FEES. The parties are hereby advised that they may file written exceptions to the Support Master's Report and Recommendation within twenty (20) days of this order. Exceptions shall conform with the requirements of Rule 1910.12(f), Pa. R.C.P. If written exceptions are filed by any party, the other party may file exceptions within twenty (20) days of the date of service of the original exceptions. If no exceptions are filed within twenty (20) days of this interim order, this order shall then constitute a final order. By the Court, Ed, J. Cc: Mary J. Kopas Roger L. Kopas Keith O. Brennaman, Esquire For the Plaintiff/Petitioner Jeanne B. Costopoulus, Esquire (Info Only) DRO/rj s ROGER L. KOPAS, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. DOMESTIC RELATIONS SECTION MARY J. KOPAS, : PACSES NO. 866111306 Defendant/Respondent : DOCKET NO. 09-988 CIVIL SUPPORT MASTER'S REPORT AND RECOMMENDATION Following a hearing held before the undersigned Support Master on November 15, 2010, the following report and recommendation are made: FINDINGS OF FACT The Husband is Roger L. Kopas, who resides at 1075 Buck Drive, Milton, Ontario, Canada. 2. The Wife is Mary J. Kopas, who currently resides at 113 Fort West Side, Bourbon, Missouri. 3. The parties were married on April 9, 1988. 4. The parties separated on February 29, 2008. 5. The last marital residence was 245 Hempt Road, Mechanicsburg, Pennsylvania. 6. In February, 2009 the Husband filed a complaint for divorce. 7. In November, 2009 the Wife filed a claim for alimony pendente lite. 8. By order dated December 28, 2009 the Husband's obligation to pay alimony pendente lite was set at $404.00 per month. 9. In December, 2009 the Husband was employed full-time by Hempt Brothers as a manager of the company's horse and cattle farm. 10. In December, 2009 the Husband was also employed as a part-time school policeman by Mechanicsburg Area School District. 11. In December, 2009 the Husband had net monthly income for support purposes of $3,953.90.' 12. In his position as farm manager the Husband was given the use of a farmhouse located at 245 Hempt Road, Mechanicsburg. ' See order dated December 28, 2009. EXHIBIT "A" 13. In August, 2010 the Husband was notified that his employment with Hempt Brothers was to be terminated effective August 23, 2010 for financial reasons and that he was to vacate the farmhouse by the end of September. 14. On August 23, 2010 the Husband filed a petition to terminate his obligation to pay alimony pendente lite. 15. In early October the Husband, who is a Canadian citizen, relocated to his current address. 16. The Husband applied for unemployment compensation benefits and was initially awarded $414.00 per week. 17. Payments of unemployment compensation benefits have been suspended by the Bureau of Unemployment Compensation. 18. The Husband is attempting to find employment in Canada but has been unsuccessful to date. 19. The parties are the parents of two children, one of whom, Catherine, is a minor. 20. Catherine resides with the Husband in Canada. 21. In December, 2009 the Wife was residing in Florida. 22. In December, 2009 the Wife was employed as a motorcoach driver by American Coach Line. 23. In December, 2009 the Wife had net monthly income of $1,583.39.2 24. In June, 2010 the Wife relocated to her present address. 25. The Wife is employed as a motorcoach driver in Missouri by Mid-American Coaches, Inc. 26. The Wife earns $10.00 per hour and works 20 to 40 hours per week. DISCUSSION A party seeking to modify a support order has the burden of demonstrating that a material and substantial change of circumstances has occurred since the entry of the order to justify a modification. Mackay v. Mackay, 984 A.2d 529 (Pa. Super. 2009). Since the entry of the order in December, 2009 the Husband was involuntarily terminated from his employment as a farm manager through no fault of his own. A modification of the order is justified. 2 See order dated December 28, 2009. 2 Factors to consider in determining entitlement to an award of alimony pendente lite include the income and separate estate of the claimant and the ability of the responding spouse to pay. Litmans v. Litmans, 673 A.2d 382 (Pa. Super. 1996). While he was employed as a farm manager with Hempt Brothers, the Husband clearly had the ability to pay an award of alimony pendente lite. Following his termination without cause that is no longer the case. The interim order of September 30, 2010 suspending the Husband's obligation to pay alimony pendente lite will be affirmed as a final order. RECOMMENDATION The interim order of September 30, 2010 is affirmed as a final order. U60w?tae r 16 , '?-01D '? 'U-X-? vl-uL --e Date Michael R. Rundle Support Master ROGER L. KOPAS, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. DOMESTIC RELATIONS SECTION MARY J. KOPAS, PACSES NO. 866111306 Defendant/Respondent DOCKET NO. 09-988 CIVIL INDEX OF EXHIBITS Petitioner's 1 - 2009 federal tax return ` :;0 trr? - cD ?-n -n 1040 Label (See instnictiona) use the IRS label. Otherwise, please print or type. presidential Election Cal Department of the Treasury - Internal Revenue Service U.S. Individual Income Tax Return 2009 (99) IRS For the year Jan. 1-Dec. 31, 2008, or other tax year begir Name Spouse's Name (if Joint Return) ROGER L KOPAS 245 HEMPT ROAD MECHANICSBURG PA 17050- I OMB No. 1545-0074 Your social security number 590-05-9212 Spouse's social security no. You must enter • your SSN(s) above. A Checking a box below will not change your tax or refund. or COPY ? Check here if you, or our spouse if filing jointly, want $3 to 224 this fund (see instructions) ? You Spouse 1 Single 4 Head of household (with qualifying person). (See instructions.) 2 Married filing jointly (even if only one had income) If the qualifying person is a child but not your dependent, enter 3 Married filing separately. Enter spouse's SSN above this child's name here. ? and full name here. ? 5 Qualifying widow(er) with dependent child (see instructions) Filing Status Check only one box. Exemptions ea Yourseff. If someone can claim you as a dependent,do not check box 6a ............... . Exemption Boxes checked on 6.a and 6b 1 No. of children on 6c who: -lived with you 1 - did not live with you due to divorce or separation 0 (see mstr.) Dap 8 on 6 c rd 0 d t entere abov e nod -if more than burdepen- li Hfl:lryc K--,,dents, see w+nstr. and Iv ?' ,. ?hvt,d` -n?:;,ur,Kieck ?,.ree?lr"ahef8 ? F1 b ............................................................. S use ................ c Dependents: 1 First name Last name (2) Dependent's social seeu ' no. (3) Dependent's relatwnshlp to you > rqu 1- cxeat (=., CATHERINE KOPAS 593-29-2758 DAUGHTER X d Total number of s not i 3EP, 7 Wages, salaries, tips, etc. Attach Form(s) W-2 Attach 8a Taxable interest. Attach Schedule B if required ..........................................? " tY "Form(s) W-2 here. b Tax-exempt interest. Do not include on line 8a ..........I 8b Also attach Forms 9a .................... -I Ordinary dividends. Attach Schedule B if required .............. W-2131 and 1099-R If tax b Qualified dividends (see instructions) ...................... 9b was withheld. 10 Taxable refunds, credits, or offsets of state and local income taxes (see instructions) ........ 11 Alimony received .......................................................................... 12 Business income or (loss). Attach Schedule C or C-EZ .................................... If you did not get a W-2, 13 Capital gain or (loss). Attach Schedule D if required. If not required, check here ? a see instructions. 14 Other gains or (losses). Attach Form 4797 ................................................ 15a IRA distributions .......... 158 b Taxable amount (see inst.) 16a Pensions and annuities 1 16a] I b Taxable amount (see inst.) 17 Rental real estate, royalties, partnerships, S corporations, trusts, etc. Attach Schedule E .. . 18 Farm income or (loss). Attach Schedule F ................................................ Enclose, but do not attach, any 19 Unemployment compensation in excess of $2,400 Per recipient (see instructions) • • • • - payment. Also, 20a Social security benefits ..12081 1 b Taxable amount (see inst.) please use 21 Other income. List type and amount (see instr.) Form 1040-V. 22 Add the amounts in the far right column for lines 7 through 21. This is youtotal Income ? 23 Educator expenses (see instructions) ...................... 23 Adjusted 24 Gross Certain business expenses of reservists, performing artists, and fee-basis gov. officials. Attach Form 2106 or 2106-EZ 24 Income 25 Health savings account deduction. Attach Form 8889 ...... 25 26 Moving expenses. Attach Form 3903 ...................... 26 27 One-half of self-employment tax. Attach Schedule SE .... 27 28 Self-employed SEP, SIMPLE, and qualified plans ........ 28 29 Self-employed health insurance deduction (see instr.) ...... 29 30 Penalty on early withdrawal of savings .................... 30 31a Alimony paid b Recipienes SSN ? 311 32 IRA deduction (see instructions) .......................... 32 33 Student loan interest deduction (see instructions) .......... 33 34 Tuition and fees deduction. Attach Form 8917 ............ 34 35 Domestic production activities deduction. Attach Form 8903 35 36 Add lines 23 through 31 a and 32 through 35 ............................................. 37 Subtract line 36 from line 22. This is youradjustad gross income .................... ? Add numbers claimed ............................................................................ on lines above ? L 2. For Disclosure, Privacy Act, and Paperwork Reduction Act Notice, see Instructions. BCA Copyright form software only, 2009 Universal Tax Systems, Ina All rights reserved. US1040S1 Rev. Home Address City, State, and ZIP Code 7 51,381. 8a 9a 10 11 12 13 14 15b 6,600. 16b 17 18 19 :0b 21 22 57,981. 57,981. Form 1040 (2009) h1 S ?lo Form 1040 2009 ROGER -L KOPAS 590-05-9212 Page 2 38 Amount from line 37 (adjusted gross income) .............................................. 38 57,981. Taxairid You were bom be Jan. 2,5, Blind. Total boxes Credits 39a Cif. heck ? 8 Spouse was born fore before Jan. 2945, 8 Blind. J chocked ? 39a Standard b If your spouse itemizes on a separate return or you were a dual-status alien, Deduction see instructions and check here .. . ....................................... ? 39b for- • People who 40a Itemized deductions (from Schedule A) or your standard deduction (see left margin) ...... 40a 8,350. b it =are increasing your standard deduction by certain real estate taxes, new motor vehicle check any box texas, or a net disaster loss, attach Schedule L and check here (sae instructions) . , . , , . , , , ? 40b on line 39a, 41 Subtract line 40a from line 38 .............................................................. 41 49,631. 39b, or 40b or 42 Exemptions. If line 38 is $125,100 or less and you did not provide housing to a Midwestern who can be claimed as a displaced individual, multiply $3,650 by the number on line 6d. Otherwise, see instructions .. 42 7,300. dependent, 43 Taxable Income. Subtract line 42 from line 41. If line 42 is more than line 41, enter -0 . ..... 43 42,331. see instr. 44 Tax (see instructions). Check if any tax is from: a a Form(s) 8814 b 0 Form 4972 . 44 5,751. • All others: 45 Alternative minimum tax (see instructions). Attach Form 6251 Single or 45 Married filing 46 Add lines 44 and 45 ................................................................... ? 46 5,751. separately, 47 Foreign tax credit. Attach Form 1116 If required ............ 47 $5,700 48 credit for child and dependent care expenses. Attach Form 2441 .... 46 Married filing 49 Education credits from Form 8863, line 29 ......... 49 0 Py jointly or Qualifying 60 Retirement savings contributions credit. Attach Form 8880 .. 60 widow(er), 51 Child tax credit (see instructions) 61 1,000. $11,400 Head of 52 Credits from Form: a 8 saes b 8 ease c 86695 52 household, 53 Other credits from Form: S H b awl c 53 $8,350 54 Add lines 47 through 53. These are yourtotai credits ...................................... 54 1,000. 55 Subtract line 54 from line 46. If line 54 is more than line 46, enter -0- ..,, , , , , , , , , , , , , , , ? 55 4,751. Other 56 Self-employment tax. Attach Schedule SE ................................................ 66 Taxes 57 Unreported social security and Medicare tax from Form: an 4137 b [] 8919 .... 57 58 Additional tax on IRAs, other qualified retirement plans, etc. Attach Form 5329 K required N 58 660. 59 Additional taxes: a a AEIC payments b 0 Household employment taxes. Attach Sch. H 59 60 Add lines 55 through 59. This is yourtotal tax ........................................ ? 60 5,411. Payments 61 Federal income tax withheld from Forms W-2 and 1099 .... 61 6,745. FORM 1099 62 2009 estimated tax payments and amount applied from 2M return 62 If you have a 63 Making work pay and government retiree credits. Attach Schedule M .. 63 400. qualifying child, 64 a Earned Income credit (EIC) ..................NO........ "a attach Schedule Nontaxable combat EIC. b pay election ........ 64b 65 Additional child tax credit. Attach Form 8812 ................ 65 66 Refundable education credit from Form 8863, line 16 ...... 66 67 First-time homebuyer credit. Attach Form 5405 ............ 67 68 Amount paid with request for extension to file (see inst.) .... 68 69 Excess social security and tier 1 RRTA tax withheld (see inst.) 89 70 Credits from Form: a 112439 b114136 cresol dQ am 70 71 Add lines 61, 62, 63, 64a and 65 through 70. These are ourtotai payments . ? 71 7,145. Refund 72 If line 71 is more than line 60, subtract line 60 from line 71. This is the amount yowverpaid 72 1,734. Direct deposit? 73a Amount of line 72 you want refunded to you. If Form 8888 is attached, check here ? Q 73a 1,734.. See instructions ? b ' ?m;9 ° ? c Type: Checking and fill in 73b, Account Savings 73c, and 73d, ? d number or Form 8888. 74 Amount of line 72 you want applied to our 2010 estimated tax ? 74 Amount 75 Amount you owe. Subtract line 71 from line 60. For details on how to pay, see inst. ? 75 You Owe 76 Estimated tax penalty (see instructions) 76 Third Party Do you want to allow another person to discuss this return with the IRS (see instructions)? Yes. Complete the folio". No Designee Designees? nhone? PeraoneIidentircation ntxrrber PIN Sign Under le of polury, I ded that I have examined this return and accompanying schedules and statements, and to the best of my krxvWdge and belief, true, a complete. Declaration of preparer {other than taxpayer) Is based on aN information of which preparer has any knowledge. Here Yo i ture Date Your occupation Daytime phone number Joint return? Sea instr. 103 24V 211!0 FARM MANAGER a'}y-t, four ypou copy Spouse's nature. if a yarn return, both must sign. Date Spouse's occupation records. Preparers ' Date Check if Preparer's SSN or PTIN Paid signature self-employed S25050816 PrepareeS Firm'sneme(or AARP NEWCUMBERLAND FIRE HOUSE EIN Yom if seM- Use Only employed), 319 4TH ST ZIPee? NEW CUMBERLAND PA 17070- Phone no. BCA Copyright form salware only, 2009 Universal Tax Systems, Inc, Ali rights reserved. US1040$2 Rev. 1 Form , W (2009) SCtiEpULE M (Foam 1040A or 1040) Department of the Treasury Internet Revenue Service Making Work Pay and Government Retiree Credits ? Attach to Form 1040A,1040, or 1040NR. ? See Name(s) shown on return ROGER L KOPAS OMB No. 1545-0074 2009 Attachment Se uence No. 166 Your social security number 590-05-9212 1 a Important: See the instructions if you can be claimed as someone else's dependent or are filing Form 1040NR. Check the "No" box below and see the instructions if(a) you have a net loss from a business,(b) you received a taxable scholarship or fellowship grant not reported on a Form W-2(c) your wages include pay for work performed while an Inmate In a penal institution,(d) you received a pension or annuity from a nonqualified deferred compensation plan or a nongovernmental section 457 plan, o(e) you are filing Form 2555 or 2555-EZ. Do you (and your spouse if filing jointly) have 2009 wages of more than $6,451 ($12,903 if married filing jointly)? U N Yes. Skip lines la through 3. Enter $400 ($800 if married filing jointly) online 4 and go to line 5. No. Enter your earned income (see instructions) .................................... I 1a b Nontaxable combat pay included on line 1a (see instructions) .................................. 1b 2 Multiply line 1a by 6.2% (.062) ........................................................ 2 3 Enter $400 ($800 if married filing jointly) ..............................................1 3 4 Enter the smaller of line 2 or line 3 (unless you checked "Yes" on line 1 a) 4 400. .......................................... 5 Enter the amount from Form 1040, line 38*, or Form 1040A, line 22 ....................I 5 1 57,981. 6 Enter $75,000 ($150,000 if married filing jointly) .................................... . ...J 6 75,000. 7 Is the amount on line 5 more than the amount on line 6? No. Skip line 8. Enter the amount from line 4 on line 9 below. Yes. Subtract line 6 form line 5 .................................................. 7 a Multiply line 7 by 2% (.02) ................................................... ..................................... I a 9 Subtract line 8 from line 4. If zero or less, enter -0. ............................................... . ................1 9 10 Did you (or your spouse, if filing jointly) receive an economic recovery payment in 2009? You may have received this payment if you received social security benefits, supplemental security income, railroad retirement benefits, or veterans disability compensation or pension benefits (see instructions). No. Enter-0- online 10 and go to line 11. Yes. Enter the total of the payments received by you (and your spouse, if filing jointly). ......1 10 Do not enter more than $250 ($500 If married filing jointly) J 11 Did you (or your spouse, if filing jointly) receive a pension or annuity in 2009 for services performed as an employee of the U.S. Government or any U.S. state or local government from wodnot covered by social security? Do not Include any pension or annuity reported on Form W-2. No. Enter -0- on line 11 and go to line 12. Yes. • If you checked "No" on line 10, enter $250 ($500 if married filing jointly and the answer on line 11 is "Yes" for both spouses) • If you checked "Yes" on line 10, enter -0- (exception: enter $250 if filing jointly and the spouse who received the pension or annuity did not receive an economic recovery payment described on line 10) 12 Add lines 10 and 11 ............................................................................................. 13 Subtract line 12 from line 9. If zero or less, enter -0- ............................................................. 14 Making work pay and government retiree credits. Add lines 11 and 13. Enter the result here and on Form 1040, line 63; Form 1040A, line 40; or Form 1040NR, line 60 ............................................................. 400. 11 12 13 400. 1a 400. *If you are filing Form 2555, 2555-F1, or 4563 or you are excluding income from Puerto Rico see instructions. For Paperwork Reduction Act Notice, see Form 1040A, 1040, or 1040NR instructions. Schedule M (Form 1040A or 1040) 2009 SCA copyright form software only, 2009 Universe{ Tax Systems, Ina AN rights reserved. USSCHMat Rev. 1 r4-OR 1 HONOTAR%' 21,11 FEB 15 AM 11. 15 JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 130 Gettysburg Pike, Suite C Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 ROGER L. KOPAS, Plaintiff 1121BERLANO COUNTY PENNSYLVANIA THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. MARY J. KOPAS, Defendant : No. 09-988 CIVIL TERM CIVIL ACTION -AT LAW : DIVORCE PETITION TO WITHDRAW AS COUNSEL FOR DEFENDANT AND NOW, comes Jeanne B. Costopoulos, Esquire, and respectfully represents the following in support of this Petition to Withdraw as Counsel for Defendant: 1. Petitioner is undersigned counsel, Jeanne B. Costopoulos, Esquire, attorney of record for Mary J. Kopas, Defendant in the above captioned case. 2. Defendant has exhausted her retainer for legal services of Petitioner. 3. Defendant has not provided additional funds to Petitioner for continued representation and has indicated her inability to provide an additional retainer. 4. A divorce master's hearing has been scheduled before Robert Elicker on April 7, 2011. 5. Defendant may be eligible for representation through legal services. 6. Counsel for Plaintiff, Keith O. Brenneman, Esquire, does not object to the relief requested herein, provided that it does not result in a delay of the April 7, 2011 master's hearing. WHEREFORE, Petitioner Jeanne B. Costopoulos, Esquire, respectfully requests this Honorable Court to grant her leave to withdraw as counsel from Defendant's case. Dated: ? V7J1 Respectfully Submitted: By. - JEANA B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 130 Gettysburg Pike, Suite C Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 ASP VERIFICATION I, Jeanne B. Costopoulos, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn verification to authorities. Date: 2 / Jeanne B. Costopoulos - Petitioner .I CERTIFICATE OF SERVICE I, Jeanne B. Costopoulos, Esquire, hereby certify that this day I personally served a copy of the foregoing document upon the person, and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Mechanicsburg, Pennsylvania, through first class mail, prepaid, and addressed as follows: Mary J. Kopas 113 Fort West Side Bourbon, MO 65441 Keith O. Brenneman, Esquire Snelbaker & Brenneman, P.C. 44 West Main Street Mechanicsburg, PA 17055 By: JEA . COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 130 Gettysburg Pike, Suite C Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Date: /y/ /? ROGER L. KOPAS, V. MARY J. KOPAS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIX:; w 2009 - 0988 CIVIL TERM NO . Defendant ORDER OF COURT AND NOW, this 181H- day of FEBRUARY, 2011, upon consideration of Defendant's counsel Petition to Withdraw it is granted in part. She is directed to continue representation unless: 1) Alternative counsel enters an appearance and is willing to represent Defendant at the upcoming hearing before the Divorce Master on Thursday, April 7, 2011, without requesting a continuance, or 2) The Defendant agrees in writing to proceed pro se. By the Court,--`- Edward Edward E. Guido, J. ? Keith O. Brenneman, Esquire -ied ?Jeanne B. Costopoulos, Esquire 01C?i0% 1911f a/ 0a Mary J. Kopas :sld ROGER L. KOPAS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 09 - 988 CIVIL MARY J. KOPAS, o ?! Defendant IN DIVORCE --q = -r; z? ? rum ORDER OF COURT C) ?? 3 LT't'8 n AND NOW, this day ofi 2011, counsel and the parties having entered into an a`gr?merft and stipulation resolving the economic issues on April 7, 2011, the date set for a Master's hearing, the agreement and stipulation having been transcribed and signed by the parties, the appointment of the Master is vacated and counsel can conclude the proceedings by the filing of a praecipe to transmit the record with the affidavits of consent and waivers of the parties so that a final decree in divorce can be entered. BY THE COURT, cc: Keith 0. Brenneman Attorney for Plaintiff Jeanne B. Costopoulos Attorney for Defendant Copts u' ?I pa ROGER L. KOPAS, Plaintiff VS. MARY J. KOPAS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09 - 988 CIVIL IN DIVORCE THE MASTER: Today is Thursday, April 7, 2011. This is the date set for a Master's hearing in the above-captioned divorce proceedings. Present in the hearing room are the Plaintiff, Roger L. Kopas, and his counsel Keith 0. Brenneman, and the Defendant, Mary J. Kopas, and her counsel Jeanne B. Costopoulos. This action was commenced by the filing of a complaint in divorce on February 18, 2009, raising grounds for divorce of irretrievable breakdown of the marriage. The complaint also raised a claim for equitable distribution. With respect to grounds for divorce, the parties are going to sign affidavits of consent and waivers of notice of intention to request entry of divorce decree so that the divorce can be concluded under Section 3301(c) of the Domestic Relations Code. The affidavits and waivers will be given to the Master's office, after the signing later this morning, and the Master will file the affidavits and waivers with the Prothonotary. 1 It f On November 19, 2009, the Defendant filed a petition raising related claims; namely, alimony pendente lite, attorney fees and costs, and alimony. The Master has been advised that the parties have reached an agreement with respect to the outstanding economic issues. The agreement is going to be placed on the record in the presence of the parties. The agreement as placed on the record will be considered the substantive agreement of the parties, not subject to any changes or modifications except for correction of typographical errors. When the parties return later this morning to review the agreement, they understand that they will not be able to make substantive changes and when they leave the hearing room today, they are bound by the terms of the agreement even though there is no signing of the agreement. After corrections have been of typographical errors, if necessary, the parties will be asked to sign the agreement later this morning affirming the terms of settlement as stated on the record. The Master will be provided a completed agreement and will then prepare an order vacating his appointment. Counsel can then file a praecipe transmitting the record to the Court requesting a final decree in divorce. The parties were married on April 9, 1988, 2 and separated on February 26, 2008. The parties are the natural parents of two children, a son who is emancipated, and a daughter who is finishing her last year in high school this year. Mr. Brenneman. MR. BRENNEMAN: The parties have agreed as follows: 1. With respect to what has been marked as Joint Exhibit No. 1, the parties agree, with the exception of the Fulton Bank savings accounts noted on that exhibit which have already been divided, that the property noted on that exhibit will be owned by the person designated on that exhibit with respect to each asset and account as stated. 2. Mr. Kopas agrees that within thirty (30) days of today's date to pay to the Defendant in American funds the sum of $38,424.01, and the parties will retain the vehicles noted beside their names as their separate vehicles as indicated on Joint Exhibit No. 1. The cash payment is being made to accomplish a distribution between the parties of 55% to wife and 45% to husband considering the assets that each of the parties have been allocated on the Joint Exhibit attached hereto. The payment by husband to wife also takes into account a division of the marital debt with husband being allocated 55% of the marital debt and wife being allocated 45% of the marital debt. 3. The parties acknowledge and agree that they have, before today's date, divided between them all tangible personal property and that there are no outstanding joint debts of the parties that exist presently and since the date of separation. 4. Wife hereby withdraws her claims for alimony and counsel fees and costs in this action. 5. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or 3 the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. MR. BRENNEMAN: Mr. Kopas, have you heard the agreement that was related and placed on the record this morning? MR. KOPAS: I have. MR. BRENNEMAN: You were present when that was stated, is that correct? MR. KOPAS: I am present. MR. BRENNEMAN: Do you agree and consent to that agreement? MR. KOPAS: I do. THE MASTER: Do you understand it? MR. KOPAS: Yes, sir. MS. COSTOPOULOS: Mary, did you just hear the agreement that was read into the record? MS. KOPAS: I did. MS. COSTOPOULOS: And is it your understanding of what we had discussed and that is your agreement? MS. KOPAS: Yes. MS. COSTOPOULOS: And you fully understand 4 everything in the agreement? MS. KOPAS: Well -- yes. THE MASTER: Thank you. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: //Pq, DATE: ? T/// Keith 0. Brenneman Attorney for Plaintiff Jea ne B. Costopoulos Attorney for Defendant y Mary J. to s PQa 5 Kopas Marital Assets and Debts I. Assets Accounts Union Central Annuity/IRA, Account No. A00001162F Prudential Trust Company IRA, Account No. 2808298561 Hemp Brothers, Inc. 401K, Account No. 43014200927-0 CIBC Wood Gundy, Account No. 451-08859 Fulton Bank Savings Account No. 1-370- 76039 Account No. 3622- (2/26/08) 22878 Account No. 3623- 25204 Total Account Assets: Vehicles 2005 Mercury Mountaineer 2003 Mercury Marauder II• Marital Debt Fulton Bank Loan: Ford Motor Credit Chase loan Total Marital Debt: Value $20,934.56 $9,619.66 $690.54 $53,452.00 (Canadian funds) 0.00 $1,240.80 -$273.86 $85,663.70 $19,015 $15,030 $11,692.49 $7,245.09 $282536 $21,762.94 Owner Roger Kopas Roger Kopas Roger Kopas Roger Kopas Joint Joint Joint Mary Kopas Roger Kopas Paid by Roger Kopas Paid by Roger Kopas Paid by Roger Kopas FILED-OFFICE OF THE PROTHONOTARY 2011 APR I I PM 1: 12 CUMBERLAND CNOUNTY ROGER L. KOPAS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 09-988 MARY J. KOPAS, : CIVIL ACTION - AT LAW Defendant : DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(c) OF THE DIVORCE CODE AND WAIVER OF COUNSELING 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on February 18, 2009. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. . 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I verify that the statement made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. Dated: Signature: OG L. Z0'PJ'K FILED-OFFICE OF THE PROTHONOTARY 2011 APR I I PM 1: 12 CUMBERLAND COUNTY PENNSYLVANIA ROGER L. KOPAS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 09-988 MARY J. KOPAS, : CIVIL ACTION - AT LAW Defendant : DIVORCE PLAINTIFF'S 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 o f a final decree of divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. 4. I verify that the statement made in this Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Dated: kltk 7, x)411 Signature4RER L. K AS FILED-OFFICE oc, THE PROTHONOTARY r 201 1 APR I I PM "; 2 CUM COUNTY PENNSYLVANIA ROGER L. KOPAS, Plaintiff V. MARY J. KOPAS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 09-988 : CIVIL ACTION - AT LAW : DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(c) OF THE DIVORCE CODE G AND WAIVER OF COUNSELIN 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on February 18, 2009. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. . 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I verify that the statement made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Dated: ?? _ Signature: MARY J. K AS FILED-OFFICE OF T RE PROT"ONOTAR ( ZQi 1 APR 41 PM 1:11 CUMBE SYLVAN P% PEN ROGER L. KOPAS, Plaintiff v. MARY J. KOPAS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 09-988 : CIVIL ACTION - AT LAW : DIVORCE DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(() OF THE DIVORCE CODE 1. I consent to the entry o f a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if I do not claim them before a divorce is granted. 3. 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. 4. I verify that the statement made in this Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. Dated(- :7-11-- Signature:^ MARY J. O S FILED-OFFICE OF THE PROTHONOTARY 2011 APR 12 PM 12: 39 CU PENNS EVAN A T ROGER L. KOPAS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 2009-988 CIVIL TERM MARY J. KOPAS, CIVIL ACTION -LAW IN DIVORCE Defendant PRAECIPE TO TRANSMIT RECORD TO: Prothonotary of Cumberland County: Please transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of Complaint: certified mail, return received requested, restricted delivery on February 26, 2009 (see Affidavit of Service filed March 13, 2009 in this matter). 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by the Plaintiff. April 7, 2011; by the Defendant: April 7, 2011. 4. Date of execution of Waiver of Notice in Section 3301(c) Divorce: by the Plaintiff: April 7, 2011; by the Defendant: April 7, 2011. 5. Related pending claims: None. LAW OFFICES SNELBAKER & BRENNEMAN, P.C. Date: 4,o,,/ /y, as If SNELBAKER & BRENNEMAN, P. C. By: Attorneys for Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROGER L. KOPAS V. MARY J. KOPAS No. 2009-988 CIVIL DIVORCE DECREE _ c-y'30G•?'''? AND NOW, a?l , it is ordered and decreed that ROGER L. KOPAS , plaintiff, and MARY J. KOPAS , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") None. By ourt, 00 Attest: J. ,Z:z 0,)7/11 Prothonotary ?f?i??n - Gropy ' ? ?'( ?ernrxn ?iofice + Copy ma "i ,lo oaq Coos