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HomeMy WebLinkAbout09-2543Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 WILLIAM J. RHOADES, Plaintiff V. DONNA J. RHOADES, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 09 -,2,5,q3 C ? v; ( lerm CIVIL ACTION -LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT, if you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody and visitation of your children. When the grounds for a divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Domestic Relations Office at the County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE Carlisle, Pennsylvania 17013 (717) 249-3166 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 WILLIAM J. RHOADES, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 0 9, 2,5 q,3 DONNA J. RHOADES, CIVIL ACTION -LAW Defendant IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is William J. Rhoades, an adult individual residing at 4840 Charles Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Defendant is Donna J. Rhoades, an adult individual residing at 4840 Charles Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months prior to filing this complaint. 4. The Plaintiff and Defendant were married on August 25, 1984 in Camp Hill, Cumberland County, Pennsylvania. 5. There are three (3) children born of this marriage being Joshua L. Rhoades (Born: October 18, 1993), Caitlin M. Rhoades (Born: August 31, 1995) and Meghan P. Rhoades (Born: August 1, 1997). 6. The parties separated on April 3, 2009. 7. There have been no prior actions for divorce or annulment between the parties. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 9. Plaintiff has been advised that counseling is available and that Plaintiff has the right to request that the court require the parties to participate in counseling. COUNT I - DIVORCE NO FAULT 10. The averments in paragraphs 1 through 9 of Plaintiffs Complaint are incorporated herein by reference thereto. 11. The marriage is irretrievably broken and no possibility of reconciliation exists. WHEREFORE, Plaintiff requests entry of a divorce decree in his favor in accordance with §3301(c) and (d) of the Pennsylvania Divorce Code. WHEREFORE, Plaintiff, William J. Rhoades, prays this Honorable Court to enter judgment: 2 A. Awarding Plaintiff a decree in divorce; and B. Awarding other relief as the Court d Dated: April 20, 2009 Barbara Sumple-Sullivan, Esquire Attorney for Plaintiff 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 3 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 WILLIAM J. RHOADES, : IN THE COURT OF COMMON PLEAS Plaintiff V. DONNA J. RHOADES, : CUMBERLAND COUNTY, PENNSYLVANIA . NO. : CIVIL ACTION -LAW Defendant : IN DIVORCE AFFIDAVIT REGARDING COUNSELING 1. I have been advised of the availability of marriage counseling and understand that I may 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 Domestic Relations Office, which list is available to me upon request. 3. Being so advised, I do not require that the Court require that my spouse and I participate in 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.A Section 4904 relating to unworn falsification to authorities. Dated: jok.l L a C/ , 2009 A'd?_ WILLIAM J. R?fADES Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 WILLIAM J. RHOADES, : IN THE COURT OF COMMON PLEAS Plaintiff v. DONNA J. RHOADES, Defendant : CUMBERLAND COUNTY, PENNSYLVANIA : NO. CIVIL ACTION -LAW IN DIVORCE VERIFICATION I, William J. Rhoades, hereby certify that the facts set forth in the foregoing Pleading are true and correct to the best of my knowledge, information and belief. I understand that any false . statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unworn falsification to authorities. Dated: M, v A/24?v ?- o a, 2009 WIL LIAM J. OADES t7V THE w 200j APR 22 P 3 t3 ?NFN 8.5o P? ATW Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 WILLIAM J. RHOADES, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 09 - 2543 DONNA J. RHOADES, CIVIL ACTION -LAW Defendant IN DIVORCE AFFIDAVIT OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that I served a copy of the Complaint in Divorce in the above-captioned matter by United States Mail, Restricted Delivery, Certified No. 7008 0150 0002 5290 0382, Return Receipt Requested, on Ms. Donna J. Rhoades, on April 24, 2009 at her last known address: 4840 Charles Road, Mechanicsburg, Pennsylvania 17050. The original receipt and return receipt card are attached hereto as Exhibit "A". I hereby certify that the facts set forth above are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. §4904 relating to unsworn Dated: April g2009 authorities. % Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717)-774-1445 Supreme Court ID #32317 Attorney for Plaintiff lomestic Marl G 1 1 delivery inform, C3 9- V fr T ru Postage $ ru Certified Fee C3 Retum Reoeipt Fee 0 (Endorsement Required) Restricted D9= Fee C3 (Endorsement Required) Ln r" O Total Postage & Fees V co C3 O to M sheet ApENo:; j r- or PO Box No. rl ¦ Complete items 1, 2, and 3, Also complete Own 4 if Restricted Delivery is desired. ¦ P*tt your name and address on the reverse too tint we can return the card to you. • Adwh this card to the back of the mailpfece, or on the front if space permits, 1. Article%dressed to: X15 dnlna J • ^ K'ho??S y 8qo Ch??l?s Kvacl YY1 , k bar P? L use r #•?.1J % k APR 23 ' A Sfgnatttrb ?r) /? , X f L+l/',n'' AOW SLAciciiiaea B. Received by (Pdnted # C. a of DMvwy D. Is delivery address different from 66.a If YES, enter delivery address bell' ?;{do 24 i ls.> j 3. SwvkeType i11111OCwUfled Mail 0 E qmm Mall 0 Registered 0 Return Receipt for Mwd ndlso 0 Insured Mail 0 C.O.D. 4. Restricted Dellver)/t (Extra Fee) 2 ArtlaleNumber 7008 0150 0002 5290 0382 (Aenawr lie>Af anWew A1b11? O6 PS lro wn 3811, Febnwy 2M DOWSWo II1111Mtrn lModpt t EXHIBIT "A" FI?,?C>'?t,?ti`i ??rr TFC i' ~ J,?'!j'tCt`1P' 2009 APR 29 PH 2: 2c' i n s r. i t h t, y ?, v .° f A LAW OFFICES OF PETER J. RUSSO, P.C. BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: Isaylor@pjdaw.com Attorneys for Defendant OF THELPRQON N0ETARY 2010 NOV 29 AM 11: 44 CUMBERLAND COUNTY PENNSYLVANIA WILLIAM J. RHOADES : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW DONNA J. RHOADES, NO. 2009-2543 CIVIL TERM Defendant IN DIVORCE MOTION TO SCHEDULE HEARING AND NOW, comes, Defendant, Donna J. Rhoades, by and through her counsel, the Law Offices of Peter J. Russo, P.C. and files this Motion to Schedule Haring, respectfully stating in support thereof the following: 1. Movant is Donna J. Rhoades (hereinafter "Wife") an adult individual who currently resides at 6 Bourbon Red Drive, Mechanicsburg, Cumberland County, Pennsylvania. 2. Respondent is William J. Rhoades (hereinafter "Husband") an adult individual who currently resides at 128 East Portland Street, Apt. 2, Mechanicsburg, Cumberland County, Pennsylvania. 3. Respondent initiated this proceeding by filing a Complaint in Divorce on or about April 22, 2009. 4. Movant filed an Answer and Counterclaim in Divorce raising a claim for alimony pendent lite on or about August 18, 2009. 2 5. Movant filed a claim for child support and spousal support in the office of Domestic Relations in Cumberland County, which is schedule for a conference on December 7, 2010 at 9:00am. 6. Movant, in the alternative, herein request that her claim for alimony pendent lite be heard by the Court. LAW OFFICES F TER J. RUSSO, P.C. Attorney or Def dant Date: Peter J. Russo, Esquire I D # 72897 Elizabeth J. Saylor, Esquire ID # 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 PH: (717) 591-1755 FX: (717) 591-1756 3 CERTIFICATE OF SERVICE I, Amber L. Southard, hereby certify that I am on this day serving a copy of the foregoing Motion to Schedule Hearing upon the person(s) and in the manner indicated below: US Regular Mail addressed as follows: Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 Counsel for Plaintiff Amber L. Southard, Paralegal Date: 11 123110 4 PACSES CASE No. 351112111 WILLIAM J. RHOADES IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V CIVIL ACTION - LAW c C= -1-1 . -0Z ' rat co Z;; Q --j =r: ? DONNA J. RHOADES, NO. 2009-2543 CIVIL TERM r M- .. Defendant IN DIVORCE -<;t> I (n CD C3 r- Z ° >r? 5 ca ss --c ORDER > C a, C":) C"') AND NOW, this 3pj-h day of ',a, n -` ul$3n consideration of Movant's Motion for a Hearing it is hereby ORDERED that Movant's claim for alimony pendent lite is hereby referred to the Domestic Relations Section for a determination upon a conference and/or hearing as necessary. IT IS FURTHER ORDERED that the parties shall appear on the 7th day of December. 2010 a? , 9:OOAM in the Domestic Relations Section Office located at 13 N. Hanover Street, P.O. Box 320, Carlisle, PA 17013. BY THE COURT, Distribution: Elizabeth J. Saylor, Esquire, The Law Offices of Peter J. Russo, P.C., 5006 E. Trindle Road, Suite 100, Mechanicsburg, PA 17050 Barbara Sumple-Sullivan, Esquire, Law Offices of Barbara Sumple-Sullivan, 549 Bridge Street, new Cumberland, PA 17010 WILLIAM J. RHODES vs. DONNA J. RHODES Plaintiff a _ -tJ3 rn 0 -- r m IN THE COURT OF COMMON PLEAS (*.*:o m- CUMBERLAND COUNTY, PENNSYLV* 1 4 p ? t ?• c-, ss ? a CD-n 2543 2A NO M . Defendant MOTION FOR APPOINTMENT OF MASTER William J. Rhodes Plaintiff , moves the court to appoint a master with respect to the following claims: ?X Divorce ?X Distribution of Property ? Annulment ? Support ?X Alimony ? Counsel Fees ?X Alimony Pendente Lite ?X Costs and Expenses and in support of the motion states: 1. Discovery is complete as to the claims (s) for which the appointment of a master is requested. 2. The defendant has appeared in the action (personally) (by his attorney,_ Elizabeth J. Saylor Esquire). 3. The staturory ground (s) for divorce are 3301(c), 3301(d) 4. Delete the inapplicable paragraph (s): A N B ® C ? a. The action is not contested. b. An aereement has been reached with resnect to the followine claims: C. The action is contested with respect to the following claims: Divorce, distribution of property, alimony, APL, counsel fees, costs and expenses. 5. The action does not involve 6. The hearing is expected to take One (1) 7. Additional information, if any, relevant to None. r _??L??? ? v Date: Barbara Sumple-Sullivan, Esquire Print Name ORDER APPOINTING MASTER AND NOW , 20 Esquire, is appointed master with respect to the following claims: By the Court, J. complex issues of law or fact. WILLIAM J. RHODES vs. DONNA J. RHODES Plaintiff r IN THE COURT OF COMMON PLEAS (JIM Cm CJ C f CUMBERLAND COUNTY, PENNSYLV t r-: G co C) ' =q NO. 2543 Defendant MOTION FOR APPOINTMENT OF MASTER William J. Rhodes Plaintiff , moves the court to appoint a master with respect to the following claims: ?X Divorce ?X Distribution of Property ? Annulment ? Support ?X Alimony X? Counsel Fees X? Alimony Pendente Lite X? Costs and Expenses and in support of the motion states: 1. Discovery is complete as to the claims (s) for which the appointment of a master is requested. 2. The defendant has appeared in the action (personally) (by his attorney,_ Elizabeth J. Saylor , Esquire). 3. The staturory ground (s) for divorce are 3301(c), 3301(d) 4. Delete the inapplicable paragraph (s): A [Z BE C R a. The action is not contested. b. An agreement has been reached with respect to the following claims: C. The action is contested with respect to the following claims: Divorce, distribution of property, alimony, APL, counsel fees, costs and expenses. 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take One (1) days -'` 7. Additional information, if anv, relevant to the motion: / None. r? Date: Attorney for Plaintiff Barbara Sumple-Sullivan, Esquire Print Name ORDER APPOINTING MASTER ?< F - AND NOW ?L... 9, 20rO 7?6-/WLV ??.? Esquire, V? is a&6&ed master with respect to the following claims: LL- "Na: - _ C7ti - 0 0 By the Court, M- CZ) A?-? ? . SAY (? WILLIAM J. RHOADES.) IN THE COURT OF COMMON PLEAS OF CD Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVWIJV. -cam MCD o ? VS. CIVIL ACTION - DIVORCE ter'' M= M c-) Mr- -am cn r- ;Dca o NO. 09-2543 CIVIL TERM r- C) I ., DONNA J. RHOADES, IN DIVORCE n ?• Defendant/Petitioner PACSES CASE: 351112111, cxa c.n ORDER OF COURT AND NOW, this 8th day of December, 2010, based upon the Court's determination that the Petitioner's monthly net income/earning capacity is $ 1,771.75 and the Respondent's monthly net income/earning capacity is $ 4,023.86, it is hereby ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit Four Hundred Two and 00/100 Dollars ($ 402.00) per month payable bi-weekly as follows: $ 365.00 per month for Alimony Pendente Lite and $ 37.00 per month on arrears. First payment due: in accordance with Respondent's pay schedule. The effective date of the order is November 29, 2010. Arrears set at $ 389.00 as of December 8, 2010. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa.C.S.§ 3703. Further, if the Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and, at its discretion, make an appropriate Order, including, but not limited to, commitment of the Respondent to prison for a period not to exceed six months. Said money to be turned over by the PA SCDU to: Donna J. Rhoades. Payments must be made by check or money order. All checks and money orders must be made payable to PA SCDU and mailed to: PA SCDU P.O. Box 69110 Harrisburg, PA 17106-9110 Payments must include the Respondent's name with their PACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. cc360 The monthly support obligation includes cash medical support in the amount of $250 annually for unreimbursed medical expenses incurred for each child and/or spouse. Unreimbursed medical expenses of the obligee or children that exceed $250 annually shall be allocated between the parties. The party seeking allocation of unreimbursed medical expenses must provide documentation of expenses to the other party no later than March 31St of the year following the calendar year in which the final medical bill to be allocated was received. The unreimbursed medical expenses are to be paid as follows: 69 % by Respondent and 31 % by Petitioner. [X] Respondent [] Petitioner [] Neither party to provide medical insurance coverage. Within thirty (30) days after the entry of this order, the [] Petitioner [X] Respondent shall submit written proof that medical insurance coverage has been obtained or that application for coverage has been made. Proof of coverage shall consist, at a minimum, of: 1) the name of the health care coverage provider(s); 2) any applicable identification numbers; 3) any cards evidencing coverage; 4) the address to which claims should be made; 5) a description of any restrictions on usage, such as prior approval for hospital admissions, and the manner of obtaining approval; 6) a copy of the benefit booklet or coverage contract; 7) a description of all deductibles and co-payments; and 8) five copies of any claim forms. Other conditions: This Order is based upon the fact that the Respondent has a child support obligation under PACSES #842102733. This Order shall become final twenty (20) after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Office of the Prothonotary for a hearing de novo before the Court. Consented: Petitioner Respondent Petitioner's Attorney Respondent's Attorney Mailed copies on: DEC U 9 2010 Petitioner Respondent Elizabeth J. Saylor, Esq. Barbara Sumple-Sullivan, Esq. DRO: R.J. Shadday BY THE COURT ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT 09-2543 CIVIL State Commonwealth of Pennsylvania 842102733 OOriginal Order/Notice Co./City/Dist. of CUMBERLAND 893 S 2000 (DAmended Order/Notice Date of Order/Notice 12/08/10 OTerminate Order/Notice Case Number (See Addendum for case summary) QOne-Time Lump Sum/Notice RE: RHOADES, WILLIAM J. Employer/Withholder's Federal EIN Number Employee/Obligor's Name (Last, First, MI) 170-54-0436 Employee/Obligor's Social Security Number BUREAU OF COMMONWEALTH* 1517100632 C/O WAGE ATTACHMENT SECTION Employee/Obligor's Case Identifier PO BOX 8006 (See Addendum for plaintiff names HARRISBURG PA 17105-8006 associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 1,032.00 per month in current child support $ o . oo per month in past-due child support Arrears 12 weeks or greater? O yes ® no $ 0.00 per month in current medical support $ 0.00 per month in past-due medical support $ 365.00 per month in current spousal support o -1 $ 37.00 per month in past-due spousal support c, --q $ 0.00 per month for genetic test costs 't rn rn of $ o. oo per month in other (specify) c - 3rn $ one-time lump sum payment SIP --q p for a total of $ 1,434.00 per month to be forwarded to payee below. 'cs C:) --n You do not have to vary your pay cycle to be in compliance with the support order. If your pay cy8Q0es?ot oaf 1? the ordered support payment cycle, use the following to determine how much to withhold: $ :x30.92 per weekly pay period. $ 717.00 per semimonthly pay period (twice a month) $ 861.85_ per biweekly pay period (every two weeks) $ 1, 434.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). Pennsylvania law (23 PA C.S. § 4374(b)) requires remittance by an electronic payment method if an employer is ordered to withhold income from more than one employee and employs 15 or more persons, or if an employer has a history of two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA HIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. IN ADDITION, PAYMENTS MUST INCLUDE THE above as the Employee/Obligor's Case Identifiers DO NOT SEND CASH BY MAIL. / Box 69112, Harrisburg, Pa 17106-9112 OR SOCIAL BY THE COURT: DRO: R.J. Shadday Service Type M J. Wesley 01, r, OMB No.: 0970-0154 Jr., THE PACSES MEMBER ID (shown BER IN ORDER TO BE PROCESSED. Form EN-028 Rev.5 Worker I D $ IATT to ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS If hec to you are required to provide a apy of this form to your m loyee. If yoyr employee works in a state that is di event rom the state that issued this or er, a copy must be provideedpto your employee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 2321722990 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : D THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: C-1 EMPLOYEE'S/OBLIGOR'S NAME:RHOADES, WILLIAM J. EMPLOYEE'S CASE IDENTIFIER: 1517100632 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: FINAL PAYMENT AMOUNT- NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Antidiscrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) 0 5 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50`Yo 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 kmit 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 0 5 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION If you or your employee/obligor have any questions contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Rev.5 Service Type M OMB No.; 0970-0154 Worker I D $ IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: RHOADES, WILLIAM J. PACSES Case Number 351112111 Plaintiff Name DONNA J. RHOADES Docket Attachment Amount 09-2543 CIVIL$ 402.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Service Type M Addendum OMB No.: 0970-0154 PACSES Case Number 842102733 Plaintiff Name DONNA J. RHOADES Docket Attachment Amount 00893 S 2000 $ 1,032.00 Child(ren)'s Name(s): DOB JOSHUA, L RHOADES„._ 10/18/93 C tTLTN > M RR MS , 0.6 .21/95 MECHAN P. RHOADES 08/01/97 PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Form EN-028 Rev.5 Worker I D $ IATT Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 WILLIAM J. RHOADES, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v NO. 09 - 2543 DONNA J. RHOADES, CIVIL ACTION -LAW M Defendant IN DIVORCE ``uii-{ r r-,) CD MOTION TO WITHDRAW APPEARANCE C-) CD , C N --1 r` 1. Petitioner is counsel for Plaintiff in the above-captioned matter, William J?Zhide ' 2. Plaintiff's present mailing address is 128 East Portland, Apartment #2, Mechanicsburg, PA 17055. 3. Petitioner seeks to withdraw as counsel for Plaintiff since Plaintiff does not cooperate with counsel to complete the case and has not met his financial obligation to Petitioner's office. 4. Petitioner requests the opportunity to withdraw. 5. No disadvantage will occur to Defendant arising out of the withdrawal. WHEREFORE, counsel for Plaintiff requests leave of court to withdraw representation on behalf of WILLIAM J. RHOADES in the above-captioned matter. Dated: March 17, 2011 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 Supreme Court I.D. 32317 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 !7171774-1445 WILLIAM J. RHOADES, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 09 - 2543 DONNA J. RHOADES, CIVIL ACTION -LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE I, BARBARA SUMPLE-SULLIVAN, ESQUIRE, do hereby certify that on this date I served a true and correct copy of the Motion to Withdraw in the above-captioned matter upon the following individual(s) by United States first-class mail, postage prepaid, addressed as follows: Elizabeth J. Saylor, Esquire The Chelsea Building 3800 Market Street Camp Hill, PA 17011 -and- DATE: March 17, 2011 Mr. William J. Rhoades 128 East Portland Apartment #2 Mechanicsburg, PA 1 5 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 LAW OFFICES OF PETER J. RUSSO, P.C. BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: lsaylor@p}rlaw.com Attorneys for Defendant WILLIAM J. RHOADES Plaintiff V. DONNA J. RHOADES, Defendant 1AK 1 ?E7ilt "!0 CCU TY iA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2009-2543 CIVIL TERM : IN DIVORCE DEFENDANT'S MOTION TO COMPEL The Defendant, Donna J. Rhoades, by her attorney, the Law Offices of Peter J. Russo, P.C., files this Motion to Compel, and in support thereof represents that: 1. The parties separated on April 3, 2009. 2. On December 8, 2010, Plaintiff's counsel filed a Motion for Appointment of Master. 3. On Wednesday, December 15, 2010, Defendant's counsel requested via letter, informal discovery. A true and correct copy of the December 15, 2010 letter is attached hereto and incorporated herein as Exhibit A. 4. To date, Plaintiff has failed to provide the information requested in the December 15, 2010 letter. 5. On January 21, 2011, Plaintiff's counsel sent to Master Elicker a cover letter and a Certification that discovery is complete as to the claims for which the Master has been appointed. A true and correct copy of the January 21, 2011 letter and Certification is attached hereto and incorporated herein as Exhibit B. 6. A Master's hearing was scheduled with a pretrial statement due Friday, February 18, 2011. 7. Defendant's First Set of Production of Documents and Defendant's First Set of Interrogatories were duly served simultaneously on Plaintiff's Attorney on February 3, 2011. A true and correct copy of a certificate of service is attached hereto, marked Exhibit C and made a part hereof. 8. Via letter dated Monday, February 7, 2011, Defendant's counsel requested a continuance subsequent to April 3, 2011, to allow sufficient time to exchange discovery. A true and correct copy of the February 7, 2011 letter and Certification is attached hereto and incorporated herein as Exhibit D. 9. Via telephone call and letter dated February 10, 2011, Plaintiffs counsel, requested Defendant to withdraw her APL claim, alleging a delay by Defendant. A true and correct copy is attached hereto and incorporated herein as Exhibit E. 10. Via letter dated February 17, 2011, Defendant's counsel indicated no intention of withdrawing the APL claim. A true and correct copy is attached hereto and incorporated herein as Exhibit F. 11. Defendant's continuance request was granted and the pretrial conference is rescheduled for April 11, 2011, with pretrial statements due on Monday, April 4, 2011. A true and correct copy of the Notice of Prehearing Conference is attached hereto and incorporated herein as Exhibit G. 12. After Defendant had not received discovery responses, Defendant's counsel sent Plaintiffs Counsel a courtesy letter extending the deadline to Monday, March 14, 2011. A true and correct copy of which is attached hereto, marked as Exhibit H and made a part hereof. 13. To date Defendant has not received responses to the discovery from Plaintiff. 14. The information that was requested from Plaintiff is needed in order for Defendant to prepare for the pretrial conference. 15. Plaintiff should be compelled to respond to Defendant's discovery requests on or before March 28, 2011, to allow Defendant's counsel one week to review the information and timely prepare the pretrial statement due on April 4, 2011. 16. The Honorable President Judge Kevin A. Hess has entered the Order Appointing Master and The Honorable Judge J. Wesley Oler, Jr. has entered all Orders in regards to the related Domestic Relations matter. 17. Via fax dated March 17, 2011, the undersigned indicated that if a response was not provided by the close of said day opposing counsel's non-concurrence would be assumed. Opposing counsel has not responded. A true and correct copy of the March 17, 2011 correspondence is attached hereto and incorporated herein as Exhibit I. WHEREFORE, Defendant respectfully requests this Honorable Court to enter an Order compelling Plaintiff to file answers to Defendant's discovery requests on or before March 28, 2011. Respectfully submitted, LAW C OF TER J. RUSSO, P.C. Peter J. I;Wsso, Nqdire Attorney I.D. No. 72897 Elizabeth J. Saylor, Esquire Attorney I.D. No. 200139 Attorneys for Defendant 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Date: Thursday, March 17, 2011 EXHIBIT A 74 LAW OFFICES OF PETER JAUSSOnc. PETER). RUSSO. ESCWIRE ATTORNEYS AT l.Aw ELIZABETH). SAYLOR. ESQUIRE ASHLEY R. SIPE. PARALEGAL AMBER L SOUTHARD. PARALEGAL Wednesday. December 1S. 2010 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 RE: Rhoades v. Rhoades Dear Barbara, As discussed during our recent telephone call, it is my hope that the parties are able to settle this matter amicably and I look forward to receiving your client's proposal in that regard. In order to properly advise my client upon receipt of your proposal, I am in need of the following information from your client, wish I am hoping to gain informally: 1. Statements from any and all accounts held in the name of your client on the date of separation and three months prior thereto, inclusive of savings, checking, money markets, etc. 2. The model, make, year, and condition of all vehicles owned by either or both parties as of the date of separation, the possessor of said vehicle, the amount of any outstanding lien thereon, the name(s) on said lien and on title of each vehicle. 3. Any and all information readily available in regards to any employment benefit held by your client, including but not limited to his SERS and deferred comp, and the following specific information: a. Employment start date. 4. Any information your client may have in regards to the sheriff sale of the marital residence and notice of any deficiencies. S. Disclosure of any other debts and/or assets from the date of marriage to separation that were not otherwise disclosed within the responses to requests 1-4. It is my hope to gather this information so that I can timely response to any settlement offer advanced by your client. S006 EAST TRINDLE ROAD, SUITE 100. MECHANICSBURC',, PA 17050 PHONE: (717) 591-175S FAX: (717) S91-1756 T look forward to hearing from you. Please feel froe to contact me with any questions or concerns. Ttul Eliza e i J. Saylor, Esquire EJS/als n cc: Donna Rhoades EXHIBIT B LAW OFPICEs BARBARA SUMPLE-SULLIVAN 549 BRIDGE STREET NEW CUMBERLAND, PENNSYLVANIA 17070-1931 PHONE (717) 774-1445 FAX (717) 774-7059 January 21, 2011 E. Robert Elicker, II, Esquire Divorce Master 9 North Hanover Street Carlisle, PA 17013 Re: William J. Rhoades v. Donna J. Rhoades Docket No. 09 - 2543 (Divorce) / Cumberland County Dear Master Elicker: Enclosed please find Plaintiff's Certification of Discovery in the above captioned matter. Please proceed with scheduling the Pre-Trial in this matter. Thank you. If you should have any questions, do not hesitate to contact my office. SWerel our , Barbara Sumple-Sullivan BSS/as Enclosure cc: Elizabeth J. Saylor, Esquire William J. Rhoades WILLIAM J. RHODES, Plaintiff VS. DONNA J. RHODES, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09 - 2543 CIVIL IN DIVORCE TO: Barbara Sumple-Sullivan Elizabeth J. Saylor , Attorney for Plaintiff , Attorney for Defendant DATE: Friday, December 17, 2010 CERTIFICATION [ 'X ] I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. 0 (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. January 21, 2011 DATE COUNSEL FOR PLAINTIFF (X ) COUNSEL FOR DEFENDANT ( ) NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. EXHIBIT C CERTIFICATE OF SERVICE I, Amber L. Southard, hereby certify that I am on this day serving a copy of the Interrogatories upon the person(s) and in the manner indicated below: US Regular Mail addressed as follows: Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 Counsel for Plaintiff Amber L. Southard, Paralegal Date: ?1 3 1 1(.. CERTIFICATE OF SERVICE I, Amber L. Southard, hereby certify that I am on this day serving a copy of the Defendant's Request for Production of Documents Directed to Plaintiff - First Set upon the person(s) and in the manner indicated below: US Regular Mail addressed as follows: Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 Counsel for Plaintiff H -, ' (?I 6UJ- Amber L. Southard, Paralegal Date: 2-1 3 I l EXHIBIT D PETER J. RUSSO. ESQUIRE ASHLEY R. SIPE. PARALEGAL fr V LAW OFFICES OF PETER JAUSSOP.c. ATTORNEYS AT LAW Monday, February 07, 2011 Master Robert Elicker, II Office of Divorce Master Cumberland County Court of Common Please 9 North Hanover Street Carlisle, PA 17013 RE: Rhoades v. Rhoades Dear Master Elicker, ELIZABETH J. SAYLOR. ESQJIRE AMBER L. SOUTHARD. PARALEGAL I am receipt of your letter dated February 3, 2011, which appears to have crossed in the mail with my Certification mailed the same day. As indicated by the attached letter sent to opposing counsel on December 15, 2010, it was my hope that discovery could be completed informally. Unfortunately, I have not received the information requested. As indicated in my Certification, the parties separated on April 3, 2009, and my client is not willing at this time to sign an affidavit of consent. Further, discovery is outstanding. Because I lack information to compose a pretrial statement, the parties have not been separated for two (2) years, and my client is not currently willing to sign an affidavit of consent, I respectfully request that the pretrial statement due date of Friday, February 18, 2011, be rescheduled to a date subsequent to April 3, 2011, which should allow sufficient time to properly exchange discovery. Thank you for your time and attention to this matter. I apologize for any confusion. Truly, Elizabeth aylor, Esquire EJS/arm cc: Attorney Sumple-Sullivan D. Rhoades 5006 EAST TRINDLE ROAD. SUITE 100. MECHANICSBURG. PA 17050 PHONE: (717) 591-1755 FAX: (717) 591-1756 WILLIAM J. RHOADES : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW DONNA J. RHOADES, NO. 2009-2543 CIVIL TERM Defendant IN DIVORCE CERTIFICATION The parties separated on April 3, 2009. No formal discovery has been exchanged prior hereto. Simultaneously herewith, Defendant's counsel is submitting a first set of formal discovery to opposing counsel, inclusive of a request for information regarding Plaintiffs SERS retirement. A valuation may thereafter need to be completed. The Inventory, Income and Expense Statement and Pre-Trial Statement needs to be filed by both parties. Thus the undersigned counsel believes at least 120 days is needed to collect the information required for trial. LAW OFFICES OF P TER J. RUSSO, P.C. v? J Attorneys for De ndant Date: Peter J. Russo, Esquire ID # 72897 Elizabeth J. Saylor, Esquire I D # 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 PH: (717) 591-1755 FX: (717) 591-1756 CERTIFICATE OF SERVICE I, Amber L. Southard, hereby certify that I am on this day serving a copy of the foregoing Certification upon the person(s) and in the manner indicated below: US Regular Mail addressed as follows: Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 Counsel for Plaintiff fbW JV,4 (Y atj*A V Z Amber L. Southard, Paralegal Date: z 1:),111 2 EXHIBIT E F e b. 10- 2011 4: 44PM LAW OFFICES No. 0585 P. 1 C" BARBARA SUMPLE-SUr,LI V'AN 549 NR1DGE STREET NEW CUMBERLAND) PENNS'YLV'ANIA 17070-1931 PHONE: (717) 774-1445 FAX: (717) 774-7059 February 10, 2011 Elizabeth J. Saylor, Esquire Law Offices of Peter J. Russo, P.C. 5006 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 Via fax only (717) 591-1756 Re: William J. Rhoades v. Donna J. Rhoades Docket No. 092543 (Divorce) / Cumberland County Dear Elizabeth: This is to confirm my telephone message left with your office today in response to your letter to Master Elicker dated February 7, 2011. I requested whether you will withdraw your client's APL claim. Please advise so that appropriate filings can be made with the Divorce Master. Thank you, If you should have any questions, do not hesitate to contact my office. r BSS/as cc; Mr. William 1. Rhoades EXHIBIT F LAW OFFICES OF PETER J.RUSSOP.c. PETER 1. RUSSO. ESQUIRE ATTORNEYS AT LAW ELIZABETH ). SAYLOR. ESQUIRE ASHLEY P- SIPE. PARALEGAL AMBER L. SOUTHARD. PARALEGAL Thursday, February 17, 2011 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17050 RE: Rhoades v. Rhoades Dear Barbara, I am in receipt of your message and fax of February 10, 2011. In response thereto, I have no intention of withdrawing my client's APL claim. Very truly yours, Inn M Elizabeth J. Saylor, Esquire EJS/arm cc: D. Rhoades 5006 EAST TRINDLE ROAD. SUITE 100. MECHANICSBURG. PA 17050 PHONE: (717) 591-1755 FAX: (717) 591-1756 C4A EXHIBIT G 6/ WILLIAM J. RHOADES, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 09 - 2543 CIVIL DONNA J. RHOADES, Defendant IN DIVORCE NOTICE OF PREHEARING CONFERENCE TO: Barbara Sumple-Sullivan , Attorney for Plaintiff Elizabeth J. Saylor , Attorney for Defendant A pre-hearing conference has been scheduled at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 11th day of April, 2011, at 9:30 a.m., at which time we will review the pre-trial statements previously filed by counsel, define issues, identify witnesses, explore the possibility of settlement and, if necessary, schedule a hearing. Very truly yours, Date of Notice: 2/14/11 E. Robert Elicker, II Divorce Master COUNSEL ARE DIRECTED TO FILE A PRETRIAL STATEMENT IN ACCORDANCE WITH P.R.C.P. 1920.33(b) ON OR BEFORE NOONDAY, APRIL 4, 2011. EXHIBIT H r1 fr V LAW OFFICES OF PETER J.RUSSOP.c. PETER 1. RUSSO. ESQUIRE ATTORNEYS AT LAW ELIZABETH J. SAYLOR. ESQUIRE AMBER L. SOUTHARD. PARALEGAL ASHLEY R. SIPS. PARALEGAL Thursday, March 10, 2011 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17050 RE: Rhoades v. Rhoades Dear Attorney Sumple-Sullivan, I am following up on the Interrogatories and Production of Documents directed to your client, which were mailed to you on February 3, 2011. Please note that if we do not receive the discovery request on or before Monday, March 14, 2011 we intend to file a Motion to Compel. Very truly yours, Elizabeth J. Saylor, Esquire EJS/arm cc: D. Rhoades 5006 EAST TRINDLE ROAD. SUITE 100. MECHANICSBURG, PA 17050 PHONE: (717) 591-1755 FAX: (717) 591-1756 EXHIBIT I LAW OFFICES OF PETER J.RUSSOP.c. PETER J. RUSSO, ESQUIRE ATTORNEYS AT LAW ASHLEY R. SIPE, PARALEGAL Thursday, March 17, 2011 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17050 RE: Rhoades v. Rhoades Dear Attorney Sumple-Sullivan, ELIZABETH J. SAYLOR. ESQUIRE AMBER L. SOUTHARD, PARALEGAL VIA FAX ONLY As indicated in my letter dated Monday, March 14, 2011, we are filing a motion to compel due to your failure to respond to our discovery request. I will assume you do not concur if I do not hear from you prior to 5:00 P.M. today. Very truly yours, Elizabeth J.. Saylor, Esquire EJSiarm cc: D. Rhoades THE CHELSEA BUILDING 3800 MARKET STREET CAMP HILL, PA 17011 PHONE: (717) 591-1755 FAX: (717) 591-1756 WILLIAM J. RHOADES : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW DONNA J. RHOADES, NO. 2009-2543 CIVIL TERM Defendant IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that I have on this day served a true and correct copy of the foregoing Motion to Compel upon the Attorney for Plaintiff by mailing same by first class mail, postage prepaid, addressed as follows: Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 DATE: 3 h? I ? I ?' ??& ?' Z- u?- y? - Ashley Ialcolm, Paralegal -6- BarbaFa Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 WILLIAM J. RHOADES, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. DONNA J. RHOADES, Defendant NO. 09 - 2543 CIVIL ACTION -LAW IN DIVORCE RULE c CS ro3 = --4 MM rn cn rn M 1+ ? N y r -Z <CD -0 -4C) x-n ?o a Xii x>? rv °rn AND NOW, this day of N ?-,),1 , , 2011, upon consideration of the Motion to Withdraw Appearance, a RULE is issued on Plaintiff and Defendant to show cause, if any, why the Court should not grant the relief requested. The Rule is returnable within 1 days from the date of service hereof. Barlcam turn ?- owl! lum, Elt Mr. loiniamm ,1.?hoa s ?5l i zabeA J . Sagor. . Elt ;led ?jPies BY THE COURT: WILLIAM J. RHOADES, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW c a -n DONNA J. RHOADES, rnw ,a, z - Defendant NO.09-2543 CIVIL TERM zrn x -0 = rn ?m x -<D .'_ o© IN RE: DEFENDANT'S MOTION TO COMPEL <° ?, z s ORDER OF COURT "z '" ?' n AND NOW, this 31St day of March, 2011, upon consideration of Defendant's Motion To Compel and following a telephone conference with counsel on March 30, 2011, the motion is granted, and Plaintiff is ordered and directed to serve upon Defendant's attorney answers to Defendant's First Set of Interrogatories and Production of Documents on or before Friday, April 8, 2011. BY THE COURT, ? Barbara Sumple-Sullivan, Esq. 549 Bridge Street New Cumberland, PA 17070 Attorney for Plaintiff Elizabeth J. Saylor, Esq. 5006 East Trindle Road Suite 100 Mechanicsburg, PA 17050 Attorney for Defendant 4 U d .. J. Wesley Ole , Jr., J. 0 William J. Rhoades, Esq. 128 E. Portland Street Apartment 2 Mechanicsburg, PA 17055 :rc pt? • r Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 717 774-1445 FILED-OFFICE 211 APR 20 PM 2: 25 CUMSERLA-0 COUNTY WILLIAM J. RHOADES, Plaintiff v. DONNA J. RHOADES, Defendant IN THE COURT OF COMMON 77 LAW AMR CUMBERLAND COUNTY, PENNSYLVANIA : NO. 09 - 2543 CIVIL ACTION -LAW IN DIVORCE PETITION TO MAKE RULE ABSOLUTE 1. Petitioner is counsel for Plaintiff, Barbara Sumple-Sullivan, Esquire. 2. Respondent is Plaintiff, William J. Rhoades. 3. On March 21, 2011, Petitioner filed a Motion to Withdraw her Appearance in this action. 4. On March 22, 2011, the Court issued a Rule returnable in twenty (20) days upon Plaintiff and Defendant to show cause why the Motion to Withdraw Appearance should not be granted. 5. The Rule was served upon Plaintiff by letter dated March 25, 2011. A copy of the Delivery Confirmation Receipt (Number: 0309 3220 0002 11213993) is attached hereto as V. Exhibit "A" evidencing delivery on March 26, 2011. 6. Also by letter dated March 25, 2011, the Rule was served upon counsel for Defendant by regular mail. 7. No timely answer or other response was filed to said Rule by Plaintiff or counsel for Defendant. 8. Petitioner requests that the Rule issued on March 22, 2011, be made absolute and Petitioner shall be allowed to withdraw from the matter. 9. The Honorable Judge Wesley Oler, Jr., has been assigned to this matter. WHEREFORE, Petitioner requests the Rule be made DATE: E// $arbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 WILLIAM J. RHOADES, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 09 - 2543 DONNA J. RHOADES, CIVIL ACTION -LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE I, BARBARA SUMPLE-SULLIVAN, ESQUIRE, do hereby certify that on this date I served a true and correct copy of the Petition to Make Rule Absolute in the above-captioned matter upon the following individual(s) by United States first-class mail, postage prepaid, addressed as follows: Elizabeth J. Saylor, Esquire Law Offices of Peter J. Russo, P.C. 5006 East Trindle Road Suite 100 Mechanicsburg, PA 17050 Mr. William J. Rhoades 128 East Portland Apartment 2 Mechanicsburg, PA 17055 DATE: (1141111,1 B tiara Sumple-Sullivan, Esquire Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 ?? S?S - Track & Confirm Track & Confirm Seamh Results Label/Receipt Number: 0309 3220 00021121 3993 Expected Delivery Date: March 26, 2011 Class: Priority Mail® Service(s): Delivery Confirmation'" Status: Delivered Your item was delivered at 12:46 pm on March 26, 2011 in MECHANICSBURG, PA 17055. Detailed Results: ?`ra0tt ? ?Ilrfa9t ? ??a, Enter UReceipt Number. C?i-D' ¦ Delivered, March 26, 2011,12:46 pm, MECHANICSBURG, PA 17055 • Out for Delivery, March 26, 2011, 9:39 am, MECHANICSBURG, PA 17055 • Sorting Complete, March 26, 2011, 9:29 am, MECHANICSBURG, PA 17055 • Arrival at Post Office, March 26, 2011, 3:31 am, MECHANICSBURG, PA 17055 ¦ Acceptance, March 25, 2011, 4:21 pm, NEW CUMBERLAND, PA 17070 I?"i?lioal OO?Ls _._..,.._., m._..._,___,.,._,,...,..._...,......._.,__........,_,_..,,_...._. Track & Confirm by email Get current event information or updates for your item sent to you or others by email. 400 F k klap Customer Service f=orms Gov't atr-mm Careers PlI A Po11cv Terms of Use Business Customer Cad wav Copyright@ 201o USPS. All Rights Reserved. No FEAR Act EEO Data FOIA s 1 F "` ?T ? 9L , U.S. Postal Service Delivery Coviffninatioir Receipt rn Postepe and Delivery CoMlnnation fees must be paid before melba. jr AnkleSafi Ta lm bs o , pl i h by mawer) M NI a ovam eeomm Mr. William J. Rhoades r-q 128 East Portland, Apt. 2 o Mechanicsburg, PA POSTAL CUSTOM: 0 0 ICetQ this npt For inquiries: Intemet web site at Y rr0 WW11WSPOXOM m or ca111-800-222-1811 CH IM ONE (POSTAL USE UIS.1q C3 df' / Prlodty Mail'•Servicq m ?Flrst-Class Malrp mel -' ?Pacimp selviom lama PS Form 152, May 2002 plea R•vrss) EXHIBIT "A" hftp://trkcnfrml.smi.usps.com/PTSIntemetWeb/InterLabelInquiry.do 4/15/2011 1 FILED-OFFICE THE PROTHONOTA,? 2011 APR 27 AM 10:2 7 Barbara Sumple-Sullivan, Esquire CUMBERLAND COUNTY Supreme Court #32317 PENNSYLVANIA 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 WILLIAM J. RHOADES, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. DONNA J. RHOADES, Defendant : NO. 09 - 2543 CIVIL ACTION - LAW IN DIVORCE ORDER AND NOW, this day of , i 2011, upon consideration of the Petition to Make Rule Absolute, said Petition is hereby GRANTED. It is further ORDERED and DECREED that Barbara Sumple-Sullivan, Esquire is hereby released as counsel for Plaintiff, William J. Rhoades. BY THE COURT: l all c T, W ley Oler, J J. & 11 ivCtn, Ell v 81 i2abeth `aylhoo?.c`?_ Mr. William J ,x/02 ?f A From. Ashley Malcolm Fax: +1 (717) 591-1756 To. Tracy Fax: +1 (717) 2404890 Page 2 of 5 0712011 10:08 LAW OFFICES OF PETER J. RUSSO, P.C. Attorneys for Defendant , BY: Elizabeth J. Saylor, Esquire c -- -+ PA Supreme Court ID: 200139 rn CU ?-- - 5006 E. Trindle Road, Suite 100 =171 C- Mechanicsburg, PA 17050 co , Telephone: (717) 591-1755 cam-' Facsimile: (717) 591-1756 r) Email: lsaylor@pjrlaw.com WILLIAM J. RHOADES : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW DONNA J. RHOADES, : NO. 2009-2543 CIVIL TERM Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on April 22, 2009 and served on Defendant on or about April 24, 2009 via certified mail, proof of which was filed on April 29, 2009. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. 1 understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities. Date: illiam J. Rhoa s From, Ashley Malcolm Fax: +1 (717) 591-1756 To. Tracy Fax: +1 (717) 240-7890 Page 3 of 5 617/2011 10:08 LAW OFFICES OF PETER J. RUSSO, P.C. Attorneys for Defendant BY: Elizabeth J. Saylor, Esquire W, PA Supreme Court ID: 200139 5006 E. Tdndle Road, Suite 100 PA 17050 Mechanics: M F Telephone: (717) 591-1755 cn 3 ? Facsimile: (717) 591-1756 Email: lsaylor@pjrlaw.com WILLIAM J. RHOADES : IN THE COURT OF COMMON PLEAS Gil ?- Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW DONNA J. RHOADES, : NO. 2009-2543 CIVIL TERM Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) AND § 3301(d) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities. Date: 7-/ ?zy illiam J. es ra From. Ashley Malcolm Fax: +1 (717) 591-1756 To. Tracy Fax: +1 (717) 240.7890 Page 4 of 5 6!7/2011 10:08 LAW OFFICES OF PETER J. RUSSO, P.C. Attorneys for Defendant BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 5006 E. Trindle Road, Suite 100 ^ y r Mechanicsburg, PA 17050 r-° Telephone: (717) 591-1755 ?-. Facsimile: (717) 591-1756 Email: Isaylor@pjrlaw.com WILLIAM J. RHOADES .. : IN THE COURT OF COMMON PLEAS`"_ ?tcamr ?n Plaintiff : CUMBERLAND COUNTY, PENNSYLVAA111A _ V. DONNA J. RHOADES, Defendant CIVIL ACTION - LAW : NO.2009 2543 CIVIL TERM : IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on April 22, 2009 and served on Defendant on or about April 24, 2009 via certified mail, proof of which was filed on April 29, 2009. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. r j F k Date: 7h I z0 -- 4-1 f r ? Donna J. Rhoades f ;_- r-n oc C'.1 -r From. Ashley Malcolm Fax: +1 (717) 591-1756 To. Tracy Fax: +1 (717) 240.7890 LAW OFFICES OF PETER J. RUSSO, P.C. BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: lsaylor@pjrlaw.com WILLIAM J. RHOADES Plaintiff V. DONNA J. RHOADES, Defendant Page 5 of 5 677/2011 10:08 CD Attorneys for Deflh9l C-- a " r c n r i 77 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2009-2543 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) AND § 3301(d) OF THE DIVORCE CODE 1. 1 consent to the entry of a final decree of divorce without notice. 2. I understand that 1 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. 1 verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: U boiG a J. Rho- -iLL 3973 WILLIAM J. RHOADES, IN THE COURT OF COMMON PdZASZZF --i Plaintiff CUM BERLAND COUNTY, PENN VA,g A 1--2 VS. NO. 09 - 2543 CIVIL DONNA J. RHOADES, ' "' Defendant IN DIVORCE cz ` , - A ORDER OF COURT AND NOW, this day of , 2011, counsel and the parties having entered into an agreement and stipulation resolving the economic issues on June 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: ? William J. Rhoades Plaintiff Elizabeth J. Saylor Attorney for Defendant - vt'k- 'o-P 4 - Kev' A. Hess, P. J. tijej apis1M 4o11 1,oKh by. Mader - in - 44e I,WILLIAM J. RHOADES, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 09 - 2543 CIVIL DONNA J. RHOADES, Defendant IN DIVORCE THE MASTER: Today is Tuesday, June 7, 2011. This is the date set for a hearing in the above-captioned divorce proceedings. Present in the hearing room are the Plaintiff, William J. Rhoades. Mr. Rhoades is not represented by counsel here today but he has conferred with an attorney, Barbara Sumple-Sullivan at various times throughout the course of these proceedings. Also present is the Defendant, Donna J. Rhoades, and her counsel. Elizabeth J. Saylor. This action was commenced by the filing of a complaint in divorce on April 22, 2009, raising grounds for divorce of irretrievable breakdown of the marriage. With respect to the grounds for the divorce, the Master has been provided affidavits of consent and waivers of notice of intention to request entry of divorce decree signed today by both parties. The Master's office will file the affidavits and waivers with the Prothonotary's office so the divorce can proceed under Section 3301(c) of the Domestic Relations Code. No economic claims were raised in the complaint. 1 However, on August 18, 2009, a counterclaim was filed on behalf of wife wherein she raised economic issues of equitable distribution, alimony, alimony pendente lite, and counsel fees and costs. After discussion this morning, 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 stated 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 which may be made during the transcription. Consequently, when the parties leave the hearing room they are bound by the terms of agreement even though they have not subsequently signed the agreement affixing their signatures and affirming the terms of settlement by signing. However, the Master has been advised that the parties and counsel will return later this morning to review the agreement for typographical errors, make any corrections as necessary, and affix their signatures affirming the terms of settlement as stated on the record. Upon receipt by the Master of a completed agreement, the Master will prepare an order vacating his appointment and counsel can then file a praecipe 2 transmitting the record to the Court requesting a final decree in divorce. The parties were married on August 25, 1984, and separated on April 3, 2009. They are the parents of three children, all of whom are currently minors. Wife has primary custody of the children. Ms. Saylor. MS. SAYLOR: 1. Wife shall be entitled to 550 of the marital portion of husband's PSERS. This shall be measured from the date of employment to the date of separation. Wife shall have a survivor benefit, the cost of which shall be equally shared between the parties. It is agreed that husband shall select Option 4 under his retirement plan and then a special option shall be selected in regards to the survivor benefit reflective of wife's 55% portion. If the special option is not approved by the state retirement board, then Option 3 shall be selected in regards to the annuity. In the event of wife's death, either before or after any retirement benefits have commenced, wife's benefit shall be paid to her estate for the remainder of husband's life time. Wife shall be responsible for the preparation of the QDRO and any costs related there to. The QDRO will be presented to the Court after it has been completed and prepared and reviewed by both parties for signature by the Court. 2. There shall be a tax free roll over in the amount of $2,000.00 from the Commonwealth of Pennsylvania deferred compensation program held in husband's name into an account of wife's choosing. Husband shall promptly cooperate with any request needed to effectuate this rollover. 3. Wife agrees that husband shall retain as his sole property the 2004 Chrysler 300 vehicle with husband having all responsibilities for payment of any outstanding indebtedness thereon and husband shall indemnify and hold wife and her property harmless from any and all liability, costs, or expense, including attorney fees in connection with said vehicle. The parties shall take all actions necessary to remove wife's name from the title to the Chrysler 300 within thirty (30) days and shall cooperate in 3 locating the title to said vehicle or applying for a new title if the present title cannot be found. 4. Husband and wife agree that any property, not otherwise specifically assigned herein as marital or non-marital property, will be deemed the property of the physical possessor as of today's date. 5. The parties agree that all joint accounts have been terminated and divided in a satisfactory manner between the parties. All non-joint accounts shall become the sole property of the party named on the account to which the other party hereby waives and releases any and all interest thereto. 6. The marital residence located at 4840 Charles Road, Mechanicsburg, Pennsylvania, was foreclosed upon and the 2004 Chrysler Pacifica was repossessed. If there are any deficiency judgments on the marital residence or the Chrysler Pacifica, the parties agree to accept joint responsibility of any said deficiency judgments. 7. Except as otherwise specifically set forth herein each party shall be responsible for the balance of any and all debt held in their own personal name and shall indemnify and hold the other party harmless from any and all liability, costs or expense, including attorney fees and/or tax liability regarding said debt and any settlement or forgiveness amounts incurred in connection with said debts. 8. Husband agrees to pay to wife the sum of $9,600.00 in non-modifiable alimony which shall be paid in consecutive monthly installment payments of $400.00 effective immediately upon the entry of a divorce decree at which time the alimony pendente lite shall terminate. The alimony shall cease only upon the first happening of the following: 1) payment in full or 2) the death of either party. It is specifically agreed between the parties that the alimony shall not terminate upon wife's remarriage or co-habitation. It is also further agreed that the alimony payment cannot be modified during the term as provided herein. Alimony shall constitute income to wife and a deduction to husband. 9. Wife and husband do waive, release, and give up any further rights aside from those specifically stated herein that they may have against the other for spousal support, alimony, alimony pendente lite, and counsel fees. 10. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party 4 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 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. THE MASTER: Mr. Rhoades, were you present during the recitation of the agreement on the record? MR. RHOADES: THE MASTER: as stated on the record? Yes, sir. Do you understand the agreement MR. RHOADES: Yes. THE MASTER: Do you have any questions about it? MR. RHOADES: No, sir. THE MASTER: You understand that when you leave the hearing room today you are bound by the terms of the agreement? MR. RHOADES: Yes, sir. THE MASTER: You are going to return later today, however, to review the agreement for typographical errors and then sign it affirming the settlement? MR. RHOADES: Yes, sir. MS. SAYLOR: Donna, did you hear the entire 5 agreement that I placed on the record. MS. RHOADES: Yes. MS. SAYLOR: Does that reflect the agreement that you entered into today? MS. RHOADES: Yes. MS. SAYLOR: And you understand everything in regards to that agreement? MS. RHOADES: Yes, I do. 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: DATE: ro 7- El'za eth . Saylor Att rney for Defendant Willia J. Rhoades onna J. ;?Aes 6 G? LAW OFFICES OF PETER J. RUSSO, P.C. BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: lsaylor@pjrlaw.com Attorneys for Defendant WILLIAM J. RHOADES, Plaintiff V. DONNA J. RHOADES, Defendant FILED-'YFICP TI1E 'S 17 PM 12. 4 4 CUMBERLAND 'EN NSYd_y,, 1= IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2009-2543 CIVIL TERM : IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under § 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint filed on April 22, 2009; Certified Mail, Return Receipt Requested, Restricted Delivery, who accepted service on April 24, 2009; Proof of service was filed on April 29, 2009. 3. Date of execution of the Affidavit of Consent and Waiver of Notice required by § 3301(c) of the Divorce Code: (a) By Plaintiff William J. Rhoades, on June 7, 2011 and having been filed on June 8, 2011. .0 -0 (b) By Defendant Donna J. Rhoades, on June 7, 2011 and having been filed on June 8, 2011. 4. No other related claims are pending. LA OF ICE F PETER RUSSO, P.C. Attome aintiff Peter J. Russo, Esquire ID # 72897 vks? Elizabeth J. Saylor, Esquire ID # 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 PH: (717) 591-1755 FX: (717) 591-1756 Date: LAW OFFICES OF PETER J. RUSSO, P.C. BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: lsaylor&i rlaw. com Attorneys for Defendant WILLIAM J. RHOADES, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW DONNA J. RHOADES, : NO. 2009-2543 CIVIL TERM Defendant : IN DIVORCE CERTIFICATE OF SERVICE I, Ashley R. Malcolm, hereby certify that I am on this day serving a copy of the Praecipe to Transmit Record and Proposed Divorce Decree upon the person(s) and in the manner indicated below: U.S. Mail addressed as follows: William J. Rhoades 128 Portland Street, Apt 2 Mechanicsburg, PA 17055 S?S? c..tirr\ Ashley R. alcolm, Paralegal Date: Co -1co -1k IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA William J. Rhoades V. Donna J. Rhoades NO. 09-2543 DIVORCE DECREE AND NOW, Jun t 2- L o (1 , it is ordered and decreed that William J. Rhoades , plaintiff, and Donna J. Rhoades , 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.") The agreement placed on the record and signed by the parties on June 7, 2011 is herein incorporated but not. merged. Rv the Court_ Prothonotary /1? ifeol - 6 • 7• ?? Ct? ? cdP? .1 l l led AP ? Sa?rft?r N?h?e, cop # DONNA J. RHOADES, Plaintiff/Petitioner VS. WILLIAM J. RHOADES, Defendant/Respondent: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 09-2543 CIVIL TERM IN DIVORCE PACSES Case No: 351112111 m --s z z r -nm ?? ? Ica 3> C-; C? ? N C5 ORDER OF COURT AND NOW to wit, this 30th day of June, 2011, it is hereby Ordered that the Petition for Alimony Pendente Lite is terminated, effective June 24, 2011, pursuant to the parties' Divorce Decree of June 24, 2011. The Alimony Pendente Lite account is closed with a credit of -$285.55. Said credit is directed to the child support account under PACSES Case #842102733 and docketed at 00893 S 2000. 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. DRO: R.J. Shadday xc: Petitioner Respondent Elizabeth J. Saylor, Esq. Form OE-001 Service Type: M Worker: 21005 BY THE COURT: