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HomeMy WebLinkAbout09-31776 Nancy E. Cochran, Plaintiff VS. Edward T. Cochran, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY : PENNSYLVANIA : CIVIL ACTION . NO. U 9_ -3 17 7 T1r- : IN DIVORCE N O T I C E T O D E F E N D You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at: Office of the Prothonotary Cumberland County Court House 1 Courthouse Square Carlisle, PA 17013-3387 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE PA 17013 1-800-990-9108 717-249-3166 Nancy E. Cochran, Plaintiff VS. Edward T. Cochran, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY : PENNSYLVANIA CIVIL ACTION T?•-- NO. O q- 2/77 IN DIVORCE NOTICE OF RIGHT TO COUNSELING You are one of the parties in the above captioned action in divorce. By virtue of Section 202 of the Pennsylvania Divorce Code, it is a duty of the Court to advise both parties of the availability of counseling and upon request of either provide both parties a list of qualified professionals who provide such services. Accordingly, if you desire counseling a list of marriage counselors is available in the Office of the Prothonotary at: Office of the Prothonotary Cumberland County Court House 1 Courthouse Square Carlisle, PA 17013-3387 Nancy E. Cochran, Plaintiff VS. Edward T. Cochran, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY : PENNSYLVANIA : CIVIL ACTION . NO. O 5-- J / 2.7 Ctx, ?e-- : IN DIVORCE CONSOLIDATED COMPLAINT IN DIVORCE 1. Plaintiff is Nancy E. Cochran, a citizen of Pennsylvania, residing at 61 H. Street, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Edward T. Cochran, a citizen of Pennsylvania, residing at 214 N. Baltimore Street, Apt. 2-B, Mount Holly Springs, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant are sui 'uris and have been bonafide residents of the Commonwealth of Pennsylvania for at least six months immediately preceding the filing of this Complaint. 4. The parties are husband and wife and were lawfully married on March 24, 1996, in Hunterdon County, New Jersey. 5. The marriage is irretrievably broken. 6. Neither Plaintiff nor Defendant are in the military or naval service of the United States or its allies within the provisions of the Soldiers' & Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 7. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 8. The Plaintiff has been advised of the availability of counseling and of the right to request that the Court require the parties to participate in counseling. COUNT I Request for a Fault Divorce Under 3301(a)(6) of the Divorce Code 9. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 10. Defendant has offered such indignities to the Plaintiff, who is the innocent and injured spouse, as to render Plaintiff's condition intolerable and life burdensome. 11. This action is not collusive. 12. Plaintiff has been advised of the availability of counseling and that Plaintiff and Defendant have the right to request the Court to require the parties to participate in such counseling. WHEREFORE, Plaintiff respectfully requests that the Court enter a Decree of Divorce, pursuant to 3301(a)(6) of the Divorce Code. COUNT II Request for Divorce Due to Irretrievable Breakdown Under 3301(c) of the Divorce Code 13. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 14. The marriage of the parties is irretrievably broken. 15. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. 16. Plaintiff has been advised of the availability of counseling and that Plaintiff and Defendant have the right to request the Court to require the parties to participate in such counseling. WHEREFORE, if both parties file affidavits to a divorce after ninety (90) days have elapsed from the filing of this Complaint, Plaintiff respectfully requests the Court to enter a Decree of Divorce, pursuant to 3301(c) of the Divorce Code. COUNT III Request for Divorce Due to Irretrievable Breakdown Under 3301(d) of the Divorce Code 17. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 18. The marriage of the parties is irretrievably broken. 19. After a period of two (2) years has elapsed from the date of separation, Plaintiff intends to file her affidavit of having lived separate and apart. 20. Plaintiff has been advised of the availability of counseling and that Plaintiff and Defendant have the right to request the Court to require the parties to participate in such counseling. WHEREFORE, if two (2) years have elapsed from the date of separation and Plaintiff has filed her affidavit, Plaintiff respectfully requests the Court to enter a Decree of Divorce, pursuant to 3301(d) of the Divorce Code. COUNT IV Request for Equitable Distribution of Marital Property Under 3104, 3323, 3501, 3502 and 3503 of the Divorce Code 21. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 22. Plaintiff and Defendant have acquired property, both real and personal during their marriage from the date of said marriage until the date of their separation. 23. Plaintiff and Defendant have been unable to agree as to an lequitable distribution of said property. WHEREFORE, Plaintiff respectfully requests the Court to equitably distribute the marital property of the parties, pursuant to 3104 and 3502(a) of the Divorce Code. COUNT V Request for Alimony Pendente Lite and Alimony under 3104, 3323, 3701, 3702 and 3704 of the Divorce Code 24. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 25. Plaintiff is unable to sustain herself during the course of litigation. 26. Plaintiff lacks sufficient property to provide for her reasonable needs and is unable to sustain herself through appropriate employment. 27. Defendant has the means and ability to pay Alimony Pendente Lite and Alimony to Plaintiff. WHEREFORE, Plaintiff requests the Court to enter an award of alimony pendente lite until final hearing and thereupon to enter an Order of alimony in her favor. COUNT VI Request for Counsel Fees, Costs and Expenses Under 3104, 3323, 3502(e) and 3702 of the Divorce Code 28. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 29. Plaintiff has employed Mary A. Etter Dissinger, of the law firm of Dissinger and Dissinger to represent her in this imatrimonial cause. 30. Plaintiff is unable to pay the necessary counsel fees, costs, and expenses and Defendant is more than able to pay them. WHEREFORE, reserving the right to apply to the Court for temporary counsel fees, costs and expenses, prior to final hearing, Plaintiff requests that, after final hearing, the Court order Defendant to pay Plaintiff's reasonable counsel fees, costs and expenses. COUNT VII Request for Confirmation of Custody Under 3104 of the Divorce Code 31. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 32. Plaintiff is Nancy E. Cochran, residing at 61 H. Street, Carlisle, Cumberland County, Pennsylvania. 33. Defendant is Edward T. Cochran, residing at 214 N. Baltimore Street, Apt. 2-B, Mt. Holly Springs, Cumberland County, Pennsylvania. 34. Plaintiff seeks custody of the following children: Name Present Residence DOB Nicholas E. Cochran 61 H. Street, Carlisle, PA 17013 9/3/96 Kyle T. Cochran 61 H. Street, Carlisle, PA 17013 10/16/98 Jared L. Cochran 61 H. Street, Carlisle, PA 17013 10/l/00 Gavin C. Cochran 61 H. Street, Carlisle, PA 17013 5/17/04 35. The children were not born out of wedlock. 36. The children are presently in the custody of Plaintiff who resides at 61 H. Street, Carlisle, Cumberland County, Pennsylvania. i 37. During the past five years, the children have resided with the following persons at the following addresses: Person Address Date Nancy E. Cochran 61 H. Street, Carlisle, PA 17013 - Present Edward T. Cochran 61 H. Street, Carlisle, PA 17013 - 5/1/09 38. The mother of the children is Nancy E. Cochran who currently resides at 61 H. Street, Carlisle, Cumberland County, Pennsylvania. 39. She is married to Edward T. Cochran. 40. The father of the children is Edward T. Cochran who currently resides at 214 N. Baltimore Street, Apt. 2-B, Mt. Holly Springs, Cumberland County, Pennsylvania. 41. He is married to Nancy E. Cochran. 42. The relationship of Plaintiff to the children is that of Mother. The Plaintiff currently resides with Nicholas E. Cochran, Kyle T. Cochran, Jared L. Cochran and Gavin C. Cochran. 43. The relationship of Defendant to the children is that of Father. The Defendant currently resides by himself. 44. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 45. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 46. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 47. The best interest and permanent welfare of the children will be served by granting the relief requested because Plaintiff has been the primary care giver and is better able to provide them with I?the nurture, care and stable environment they need. j 48. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. All other persons, named below who are known to have or claim a right to custody or visitation of the children will be given notice of the pendency of this action and the right to intervene: None. 49. Defendant shall have the right to reasonable and liberal visitation with the children. WHEREFORE, Plaintiff respectfully prays your Honorable Court to grant custody to Plaintiff and that Defendant be granted reasonable rights of visitation. Respectfully submitted, DISSINGER and DISSINGER Mary.A. er issinger Attorney for Plaintiff Supreme Court ID # 27736 28 North Thirty-Second Street Camp Hill, PA 17011 (717) 975-2840 VERIFICATION I, Nancy E. Cochran, verify that the statements made in the Divorce 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 unsworn falsification. Nancy E. chran, Plaintiff 6 OF TH F" 200 91 ' 19 P'.1 i(),: 2 , t, k-k, 1 a 33F, 5V 18: uo 3 &4 C-ou.-,z /v;? .w 6l 8. s'a ?,. L 332 31 . aas317 NANCY E. COCHRAN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 2009-3177 CIVIL ACTION LAW EDWARD T. IN CUSTODY ORDER OF COURT AND NOW Thursday, May 21, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, June 18, 2009 at 8:30 AM for a Pre-Hearing C stody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be a order. Failure to The court Special Relief orde to define and narrow the issues to be heard by the court, and to enter into a temporary at the conference may provide grounds for entry of a temporary or permanent order. by directs the parties to furnish any and all existing Protection from Abuse orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ jacqueline M. Verney, Esq. Custody Conciliator The1 with Disabilite available to di: must be made conference or I YC HAVE AN A FORTH BEL ourt of Common Pleas of Cumberland County is required by law to comply with the Americans Act of 1990. For information about accessible facilities and reasonable accommodations bled individuals having business before the court, please contact our office. All arrangements least 72 hours prior to any hearing or business before the court. You must attend the scheduled SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT FORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET W TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 Fl L E D- ARY 2009 FA Y 21 Pl b; 16 Nancy E. Cochran, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY : PENNSYLVANIA VS. CIVIL ACTION Edward T. Cochran, NO. 09-3177 CIVIL TERM Defendant IN DIVORCE AFFIDAVIT OF MAILING COMMONWEALTH OF PENNSYLVANIA . ss .. COUNTY OF CUMBERLAND Mary A. Etter Dissinger, attorney for Plaintiff, being duly sworn according to law, says that she mailed by United States Certified Mail, Restricted Delivery, a true and correct copy of the Complaint in Divorce in this action to the Defendant at his residence, and that Defendant did receive same as evidenced by the signed receipt dated May 26, 2009, attached hereto as Exhibit "A". _? CA 22 1A i Mary A. Etter Dissinger Attorney for Plaintiff Supreme Court ID # 27736 28 North Thirty-Second Street Camp Hill, PA 17011 (717) 975-2840 Sworn to and subscrbed before me this c? day of 2009. /1 Notary Public NOVJW SEAL ANKH PER" Notary ftm CAW HU BOROUGH, CLUBBL6DD COUNTY MV COMMMM Exom Jul 22, 2009 • compift bma 1, Z and & Also complete item 4 if Restricted Delivery is deelred. ¦ Print you name and address on the reverse so that we c im return the card to you. ¦ Attach this card to the back of the ma"soe, or on the front H space permits. 1. Ardde Addressed to: a,,.k N . Y-n Q,??.. ST. ?T a - g tn1 Jv^j T SiR?rRs,tiL-3? i A. ? ?r Addrebee B. =Pkwelved by (l:? ivavw c. Date D. addisesd lliiEftt}htl?h ? O K YES, enter deUvery addiees 1? LNb?v ?No 3. 7j jm 7 O Bpeee mdi , O A Rdwn alt toi;ww ss O inaxed maN O c.o.D. 4. ?ltee 2. ArtideNunbw 7006 0100 0007 1055 2891 (iiev+abravm ssrvks ab* Ps Form 3811, Fewunry 2004 Domestic Retum Receipt lmw4 .topo EXHIBIT "A" IE f.. I 4: S,., e- I 2009 112 Ad"i 6* 10 Cl ti ?. V E l swr-a? ? i..±r t 'u+. NANCY E. COCHRAN, Plaintiff V EDWARD T. COCHRAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009 - 3177 Civil Term IN CUSTODY AND DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Jane Adams, Esquire as Attorney of record for Edward T. Cochran, Defendant in the above-captioned matter. Date: 4/ 1 0 q 1 Respectfully Submitted: e Adams, Esquire D No. 79465 17 West South Street rlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR DEFENDANT BLED +: ,p.:: ?, J TT 17 THE 2009 JOIN -1 Pill : 2?. ihr=L Tv w JUL 01 2009 ~ NANCY E. COCHRAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. : N0.2009-3177 CIVIL ACTION -LAW EDWARD T. COCHRAN, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this ~~ day of ,X109, upon consideration of the attached Custody Conc iati Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room No. ~ , of the Cumberland County Court House, on the ~ 3~`-day of ~ a r~ , 2009, at ~; a ~ o'clock, f~ . M., at which time testimony will be taken. For purposes of this Hearing, the Mother shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least five days prior to th.e Hearing date. 2. Pending further Order of Court or agreement of the parties, the following shall remain in full force and effect. 3. The Mother, Nancy E. Cochran and the Father, Edward T. Cochran, shall have shared legal custody of Nicholas E. Cochran, born September 3, 1996, Kyle T. Cochran, born October 16, 1998, Jared L. Cochran, born October 1, 2000 and Gavin C. Cochran, born May 17, 2004. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to medical, dental, religious or school records, the residence address of the children and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled ~.- to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 4. Mother shall have primary physical custody of the children. Mother shall have physical custody for two uninterrupted weeks in the summer, Jialy 17-24 and August 14-21, 2009, with the exchange time being 12:00 noon. 5. Father shall have the following periods of partial physical custody of the children: During the Summer: A. Alternating weekends from Friday at 12:00 noon to Monday at 12:00 noon. B. One full week in July and August, from Friday to ]Friday, with the exchange time being 12:00 noon. Father's weeks shall be July 10-17 and August 21-28, 2049. C. On the off week, Tuesday and Thursday, from 4:00 p.m. to 8:00 p.m. During the School year: A. Alternating weekends from Friday after school to Monday morning when Father shall insure that the children arrive at school. In the event that a Monday school holiday coincides with Father's weekend custodial period, his weekend shall be extended to 'Tuesday morning when he shall insure that the children arrive at school. B. On the off week, Tuesday and Thursday from after school to 7:30 p.m. 6. Transportation shall be shared as agreed by the parties. 7. Both parties shall insure that the children will be transported to their extracurricular activities. 8. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, J. cc: Nary A. Etter Dissinger, Esquire, counsel for Mother Mane Adams, Esquire, counsel for Father ~£s rn~..~ 7 a~o~' -~ ~• NANCY E. COCHRAN, Plaintiff v. EDWARD T. COCHRAN, Defendant PRIOR JUDGE: None IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTI', PENNSYLVANIA N0.2009-3177 CIVIL ACT ION -LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Nicholas E. Cochran September 3, 1996 Mother Kyle T. Cochran October 16, 1998 Mother Jared L. Cochran October 1, 2000 Mother Gavin C. Cochran May 17, 2004 Mother 2. A Conciliation Conference was held June 30, 2009 with the following individuals in attendance: The Mother, Nancy E. Cochran, with her counsel, Mary A. Etter Dissinger, Esquire, and the Father, Edward T. Cochran, with his counsel, Jane Adams, Esquire. 3. Mother's position on custody is as follows: Mother seeks shared legal and primary physical custody, with Father having alternating weekends. Mother asserts that she is a stay-at-home Mom and has been the primary caregiver for the children. She maintains that Father lives in a two bedroom apartment with no yard, ~rhich is not conducive for the children to spend more time with Father. She also as:certs that Father has not shown a commitment to the children's extracurricular activities. 4. Father's position on custody is as follows: Father seeks shared legal and shared physical custody of the children. He maintains that he is committed to the children's extracurricular activities, that his apartment can accommodate them and that his work schedule is flexible so that he can stay home with them during the day. 5. The Conciliator recommends an Order in the form as attached scheduling a Hearing and entering a temporary custody order that the parties agreed to. It is expected that the Hearing will require one day. _~~3o~aq Date ~"~ - U acq line M. Verney, Esquire Custody Conciliator FIL~~ ~ r!i~~ 209 ,!'~ -Z ~ ~~ 3:i Gv~~rT~~._ w~~ ~ '~=r~~'~ NANCY E. COCHRAN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVAN95 V. . : NO. 2009 - 3177 Civil Term Via, a rr' -or r- cn ? C) c? EDWARD T. COCHRAN, : IN CUSTODY AND DIVORCE " ` -n Defendant Esc; : °+ = CD c N MOTION FOR APPOINTMENT OF MASTER Gy :? Defendant moves this Court to appoint a master with respect to the following claim s: Divorce (x) Distribution of Property ( ) Annulment ( ) Support ( Alimony ( ) Counsel fees ( ) Alimony Pendente Lite ( ) Costs and Expenses and in support of the motion states: (1) Discovery is substantially complete as to the claim(s) for which the appointment of a master is requested. (2) The Defendant is represented by Hannah Herman Snyder, Esquire. (3) The statutory ground(s) for divorce is 3301 (c) and 3301(d), as the parties have been separated for two years. (4) Delete the inapplicable paragraph(s): (a) The setiom is not eemte9ted. (b) An agreement has been reached with respect to the following claims. NONE. (c) The action is contested with respect to the following claims: ALL. (5) The action does not involve complex issues of law or fact. (6) The hearing is expected to take one day. (7) Additional information, if any, relevant to the motion: NONE. Date: J ne Adams, squire W. South St. Carlisle, Pa. 17013 ttorney for Plaintiff (717) 245-8508 ORDER APPOINTING MASTER AND NOW, this , 2011, Robert Elicker, Esquire, is appointed Master with respect to the following claims: ALL. BY THE COURT: J. NANCY E. COCHRAN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVAN4 C7, ? o NO. 2009 - 3177 Civil Term V. ,? : z r- m -c -VM EDWARD T. COCHRAN, : IN CUSTODY AND DIVORCE S w ? a° Defendant ' A =CD C N) _ r px If you wish to deny any of the statements set forth in this Affidavit, you must file counter-affidavit within twenty days after this affidavit has been served on you or the statements will be admitted. AFFIDAVIT OF SEPARATION 1. The parties to this action separated on April 10 , 2009 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. 1 understand that I may lose my rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: 41 O f zz Edward T. Cochran, Defendant NANCY E. COCHRAN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2009 - 3177 Civil Term ?? rTlF CD . EDWARD T. COCHRAN, : IN CUSTODY AND DIVORCE ?G ?c? ..o ?- Defendant z'r-a =C) =C -- c 5;c= .....{?'1 MOTION FOR APPOINTMENT OF MASTER d ' Defendant moves this Court to appoint a master with respect to the following claims: Divorce X) Distribution of Property ( ) Annulment ( ) Support ( Alimony ( ) Counsel fees ( ) Alimony Pendente Lite ( ) Costs and Expenses and in support of the motion states: (1) Discovery is substantially complete as to the claim(s) for which the appointment of a master is requested. (2) The Defendant is represented by Hannah Herman Snyder, Esquire. (3) The statutory ground(s) for divorce is 3301 (c) and 3301(d), as the parties have been separated for two years. (4) Delete the inapplicable paragraph(s): t d t t ti i Th es e . s no ean e se on (a) (b) An agreement has been reached with respect to the following claims: NONE. (c) The action is contested with respect to the following claims: ALL. (5) The action does not involve complex issues of law or fact. (6) The hearing is expected to take one day. (7) Additional information, if any, relevant to the motion: NONE. Date: C ) Jne Adams, _squire W. South St. Carlisle, Pa. 17013 orney for Plaintiff (717) 245-8508 ORDER APPOINTING MASTER C= ?o AND NOW, this 2011, Robert Elicker, Esquire, is appointed MastAh r-t respect to the following claims: ALL. ?r- M r- BY THE COURT: E? ?C) / to J. -- . x ? '0P 5?V \?bm Adams, NANCY E. COCHRAN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVAIgIA r C ° V. : NO. 2009 - 3177 Civil Term rnwT :ZM m? EDWARD T. COCHRAN, : IN DIVORCE Defendant AFFIDAVIT OF SERVICE 7r t I, Jane Adams, Esquire, do hereby certify that on May 9, 2011 1 served a true and correct copy of the AFFIDAVIT OF SEPARATION, COUNTER-AFFIDAVIT, AND MOTION TO APPOINT DIVORCE MASTER in the above-captioned matter upon the following individual(s) by certified mail, return receipt requested, addressed as follows: Hannah Herman Snyder, Esq. 200 N. Hanover St. Carlisle, Pa. 17013 DEFENDANT'S ATTORNEY ¦ Complete items 1 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: I-1o A. X B. Regeived by ( D. Is delivery address d' +u? 1 If YES, enter delivery add be j ASPS 3. Service Type q4 OwIlMd Mail ? Express Mail ? Ragh!hwd ? Return Receipt for Merchandise ? irm red Mall ? C.O.D. 4. RssUlclsd DeNwryR (Extra Fee) ? Yes 2. Article Number 7009 0080 0001 8043 5100 (Transfer from service /aben Ps Form 3811, February 2004 Domestic Return Receipt Respectfully Submitted: Date: d / / J e Adams, Esquire I No. 79465 7 West South St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF 102595-02-M-1540 f*t? FT'F y c-n W .- NANCY E. COCHRAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2009-3177 CIVIL TERM EDWARD T. COCHRAN, Defendant IN CUSTODY AND DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301 (c) of the Divorce Code was filed on May 19, 2009, and served on May 26, 2009, by certified mail, restricted delivery. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree of Divorce after service of notice of intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING 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. "nolmu DATE: - - a b CCC W? NANCY E. C CHRAN, Plaintiff tz? CD .Q DV-r7 ? : < . CJZ W NANCY E. COCHRAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2009-3177 CIVIL TERM EDWARD T. COCHRAN, Defendant IN CUSTODY AND DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST THE ENTRY OF A DIVORCE DECREE UNDER 43301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in 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 THE FOREGOING 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: , NANCY E. C RAN, Plaintiff NANCY E. COCHRAN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA t?7 2009 - 3177 Civil Term rri M : NO V i ?1.rJ . . : IN DIVORCE -<> N EDWARD T. COCHRAN , < CD Defendant c-, C) AFFIDAVIT OF CONSENT 1. A complaint in divorce under section 3301(c) of the Divorce Code was filed on May 19, 2009. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I also understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Date: C?, /3, Edward T. Cochran, efe ant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301(c) AND 43301(d) OF THE DIVORCE CODE 1. 1 consent to entry of 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. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: l? Edward T. Cochran, Defendant NANCY E. COCHRAN, Plaintiff: VS. EDWARD T. COCHRAN, Defendant: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09 - 3177 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this day of 2012, the economic claims raised in the proceedings having been resolved in accordance with a property and separation agreement dated February 22, 2012, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, cc: ? Jane Adams Attorney for Plaintiff j Hannah Herman-Snyder Attorney for Defendant Kevin A. Hess, P. J. n C ° -03 CD =C r". - (.n r 6N CD - -, , C 7, -0 r : 77 NANCY E. COCHRAN, Plaintiff VS. EDWARD T. COCHRAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-3177 CIVIL TERM IN CUSTODY AND DIVORCE PROPERTY AND SEPARATION AGREEMENT BETWEEN NANCY E. COCHRAN AND EDWARD T. COCHRAN GRIFFIE AND ASSOCIATES 200 NORTH HANOVER STREET CARLISLE, PA 17013 THIS AGREEMENT, made this day of? 2012, by and between NANCY E. COCHRAN, of 61 H Street, Carlisle, Cumberland County, Pennsylvania, party of the first part, hereinafter referred to as "Wife. " AND EDWARD T. COCHRAN, of 45 Pinedale Road, Carlisle, Cumberland County, Pennsylvania, party of the second part, hereinafter referred to as "Husband," WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on March 24, 1996, in Hunterdon County, New Jersey. They are the parents of four children. WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart, and the parties hereto are desirous of settling their respective financial rights and obligations as between each other including the settling of matters between them relating to the past, present and future support and/or maintenance of Wife by Husband and Husband by Wife. WHEREAS, the parties hereto wish finally and for all time to settle and determine their respective property and other rights growing out of their marital relation; wish to live separate and apart; and, wish to enter into this property and separation Agreement; WHEREAS, both and each of the parties hereto have been advised of their legal rights and the implications of this Agreement and the legal consequences which may and will ensue from the execution hereof, WHEREAS, Wife acknowledges that she is thoroughly conversant with and knows accurately the size, degree, and extent of the estate and income of Husband, and Husband acknowledges that he is thoroughly conversant with and knows accurately the size, degree and extent of the estate and income of Wife; NOW, THEREFORE, in consideration of the mutual promises, covenants and undertakings hereinafter set forth which are hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. ADVICE OF COUNSEL: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Hannah Herman-Snyder, Esquire for Wife, and Jane Adams, Esquire for Husband. The parties acknowledge that they have received independent legal advice from counsel of their selection and that they fully understand the facts and have been fully informed as to their legal rights and obligations and they acknowledge and accept that this Agreement is, in the circumstances, fair and equitable and that it is being entered into freely and voluntarily after having received such advice and with such knowledge and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements and the parties hereto state that he or she in the procurement and execution of this Agreement, has not been subjected to any fraud, concealment, overreaching, imposition, coercion, or other unfair dealing on the part of the other, or on the part of the other's counsel. 2. WARRANTY OF DISCLOSURE: The parties warrant and represent that they have made a full disclosure of all assets and their valuation prior to the execution of this Agreement. This disclosure was in the form of both formal and informal exchanges of information by the parties' attorneys and/or parties and this Agreement between the parties is based upon this disclosure. Husband and Wife represent and warrant that they have disclosed to each other, in full, their respective assets, liabilities and income and that they have been given ample opportunity to identify and analyze and value the assets titled in the name of or held for the benefit of the other party and that this Agreement was negotiated and entered into on the basis of these disclosures and their substantial accuracy. The parties acknowledge that (a) the values assigned to most assets merely are the good faith estimates of the current fair market value/book value by the parties themselves, and that the values assigned to the assets might be very different if other methods of valuation were utilized; (b) the parties assign very different values to many of the assets; and (c) they are aware that but for this Agreement they might be entitled to additional formal discovery including by review of documents, inspections, interrogatories, depositions or likewise. Notwithstanding the foregoing, any further disclosure is specifically waived. 3. MUTUAL RELEASE: Husband and Wife each do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of such other, for all times to come and for all purposes whatsoever. of and from any and all right, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other, or any part thereof, whether arising out of any former acts, contracts, engagements, or liabilities of such other as by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption, or similar allowance, or under the intestate laws, or the right to take against the spouse's Will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any state, commonwealth or territory of the United States, or (c) any other country, or any rights which either party may have or at any time hereafter have for past, present, or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give to each other by execution of this Agreement a full, complete, and general release with respect to any and all property of any kind or nature, real or personal, not mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. 4. PERSONAL RIGHTS AND SEPARATION: Wife and Husband may and shall, at all times hereafter, live separate and apart. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as if they were unmarried. They may reside at such place or places as they may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Wife and Husband shall not molest, harass, disturb or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. 5. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS. This Agreement shall not be considered to affect or bar the right of Wife or Husband to a limited or absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. The parties intend to secure a mutual consent, no-fault divorce pursuant to the terms of Section 3301 (c) or (d) of the Divorce Code of 1980. 6. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE: The parties agree that the terms of this Agreement may be incorporated into any divorce decree which may be entered with respect to them. Notwithstanding such incorporation, this Agreement shall not be merged in the decree, but shall survive the same and shall be binding and conclusive on the parties for all times. 7. DATE OF EXECUTION: The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 8. PERSONAL PROPERTY. Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property, including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and other personal property and hereafter Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband; and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to the above items which shall become the sole and separate property of the other, with full power to him or her to dispose of the same as fully and effectually, as though he or she were unmarried. 9. BANK ACCOUNTS: For the mutual promises and covenants contained in this Agreement, Husband and Wife hereby waive all right, title, claim or interest they may have to equitable distribution in the other's respective bank accounts, checking or savings. More specifically, Husband waives his interest in Wife's Cornerstone Federal Credit Union account(s) and Member's First account(s) and Wife waives her interest in Husband's Members First Federal Credit Union account(s) and Americhoice Federal Credit Union account(s). 10. AFTER-ACQUIRED PERSONAL PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible or intangible, hereafter acquired by him or her after the parties date of separation, with full power, in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 11. MOTOR VEHICLES The parties agree to the division of their motor vehicles, acquired during their marriage, as follows: A. The 2007 Toyota Sienna currently titled in Wife's name shall remain the sole and exclusive property of Wife. Husband hereby waives any right, title, claim and/or interest he has or may have in said vehicle. B. The 2001 Dodge Intrepid that was owned during the parties' marriage was sold shortly after the parties' separation and therefore no long exists. 12. PENSION, RETIREMENT, PROFIT SHARING, STOCK: The parties agree to the division of their pension, retirement, profit sharing and/or stock, acquired during their marriage, as follows: A. Husband has a IBM Personal Pension Plan as a result of his employment with IBM. With consideration being granted within this Agreement, more specifically as set forth in paragraph 12(B) below, Wife hereby waives any right, title, claim and/or interest she has in said IBM Personal Pension Plan. B. Husband has an IBM 401(k) Plus plan as a result of his employment with IBM. As her interest in :Husband's IBM 401(k) Plus plan, Wife shall receive NINETEEN THOUSAND FIVE HUNDRED DOLLARS AND XX/100 ($19,500.00) as of the date of execution of this Agreement, with Wife also being entitled to earnings (dividends, interest, gains, and losses) from the date of execution of this Agreement to the date the award is segregated from Husband's account. Wife shall obtain these funds pursuant to a Qualified Domestic Relations Order, prepared by Wife's counsel within thirty (30) days of the date of this Agreement, and the parties shall cooperate in effectuating the necessary paperwork to process the Qualified Domestic Relations Order. C. Husband has stock with IBM, jointly held, with FIVE THOUSAND FIVE HUNDRED EIGHTY DOLLARS AND 051100 ($5,580.05) being withdrawn by Husband at or about the date of separation and a remaining amount of approximately TWO THOUSAND FOUR HUNDRED DOLLARS AND XX/100 ($2,400.00). Wife hereby waives any right, title, claim and/or interest she has in the remaining amount and shall cooperate with Husband so that said stock is transferred into his name alone. D. Husband has a Seibert Portfolio in the approximate amount of ONE HUNDRED THIRTY-FIVE DOLLARS AND XX/100 ($135.00). Wife hereby waives any right, title, claim and/or interest she has in said Portfolio. E. Husband has a Vanguard investment account in the approximate amount of FOUR THOUSAND TWO HUNDRED DOLLARS AND XX/100 ($4,200.00). Wife hereby waives any right, title, claim and/or interest she has in said account. F. The parties have Disney stock, in joint names, worth approximately THREE HUNDRED EIGHTY-FOUR DOLLARS AND XX/100 ($384.00). The parties will cooperate in liquidating said stock and placing the proceeds in the children's bank accounts, in equal amounts. G. The parties have GE stock, in joint names, with the value unknown as the parties need to cooperate in obtaining this stock, which is currently held by the state as unclaimed. As soon as possible, the parties will cooperate in liquidating said stock and placing the proceeds in the children's bank accounts, in equal amounts. 13. REAL ESTATE: The parties are joint owners of real estate located at 61 H Street, Carlisle, Cumberland County, Pennsylvania. Said real estate is owned jointly by the parties. The parties have a joint mortgage with Pennsylvania Housing Finance Agency, Loan Number 1175876. From the time of execution of this Agreement forward, Wife shall be solely responsible for said mortgage and shall indemnify Husband and hold him harmless from and against any and all demands for payment or collection activity of any nature whatsoever. Wife shall refinance said mortgage within six (6) months of execution of this Agreement so as to remove Husband from any and all obligations regarding said mortgage. Husband shall sign a deed to permit Wife to complete said refinance, which shall be prepared by counsel for Husband and executed by Husband within fourteen (14) days of this agreement, to be held in escrow by Husband's counsel until such time as Wife refinances. At the time of execution of this Agreement, Husband waives any right, title claim and/or interest he has in the marital residence, with Wife retaining all equity at the time of her refinance. 14. LIFE INSURANCE: Husband shall maintain Wife as the beneficiary of any and all life insurance policy(ies) he has through his current employer or with any employer he may have in the future. Husband shall maintain Wife as beneficiary of any and all employer based life insurance policy(ies) until such time as their youngest child graduates from high school. At the time the parties' youngest child graduates from high school, Husband shall have the right to designate any beneficiary(ries) as he sees fit. 15. MARITAL DEBT: The parties shall and do hereby mutually remise, release and forever discharge each other from any and all actions, suits, debts, claims, demands and obligations whatsoever, both in law and in equity, which either of them ever had, now has, or may hereafter have against the other upon or by reason of any matter, cause or thing up to the date of the execution of this Agreement. Upon execution of this Agreement, each of the parties is responsible for any and all credit card debt, or any other kind of outstanding liability, that exists in each individual name, with Wife specifically being responsible for the Kohl's credit card and the L.L. Bean credit card. Furthermore, within ten (10) days of execution of this Agreement, Husband shall remove Wife as an authorized user/joint owner of his American Express credit card. 16. WARRANTY AS TO FUTURE OBLIGATIONS: Wife and Husband each covenant, warrant, represent and agree that each will now and at all times hereafter save harmless and keep the other indemnified from all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement and that neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. 17. ALIMONY ALIMONY PENDENTE LITE SPOUSAL SUPPORT AND MAINTENANCE: A. Husband hereby waives any right or claims of any nature whatsoever relative to alimony, alimony pendente lite, spousal support, spousal maintenance, counsel fees and expenses against Wife. B. The support obligation currently paid to Wife through the Cumberland County Domestic Relations Office at PACSES Case No. 448 1 1 0825 shall terminate upon finalization of the divorce. Husband shall pay alimony to Wife, which shall be wage attached through the Cumberland County Domestic Relations Office, payable pursuant to an agreement, which shall become and Order, executed at the same time as the execution of this Agreement whereby Husband shall make payment to Wife beginning on the first day of the first month following the finalization of the parties" divorce in a manner as follows: i. FOUR HUNDRED FIFTY DOLLARS AND XX/100 ($450.00) for sixty (60) consecutive month; ii. THREE HUNDRED FIFTY DOLLARS AND XX/100 ($350.00) for sixty (60) consecutive months, to begin immediately after the completion of the payments pursuant to paragraph (17)(B)(i); and iii. THREE HUNDRED DOLLARS AND XX/100 ($300.00) for thirty-six (36) consecutive months, to begin immediately after the completion of the payments pursuant to paragraph (17)(B)(ii). C. The alimony obligation pursuant to paragraph 17(B) shall terminate upon the death of either party, Wife's remarriage or Wife's cohabitation with a member of the opposite sex. D. The alimony obligation pursuant to paragraph 17(B) is modifiable only if there is a substantial and significant change in circumstances. An example of a substantial and significant change in circumstance is one of the parties becoming permanently disabled or earning in excess of twice as much as what they are currently earning. Earnings are defined by the current income definition as utilized by the Internal Revenue Service. If there is a substantial and significant change in circumstances, the party desiring a modification must file a petition with the Court of Common Pleas of Cumberland County to have the matter heard in court. E. The alimony agreement, which shall be entered as an Order, shall be prepared by counsel for Husband, and executed by the parties at the time of Execution of this Agreement. G. Notwithstanding any other provision of this Agreement, should Husband cease to make alimony payments as herein agreed upon such that Wife has to initiate any court action to enforce the payment of the same, Wife shall be entitled to all attorneys fees and costs, if he is found in breach of this agreement. Husband shall be responsible for Wife's attorney's fees and costs, if he initiates a request for a modification of alimony that is not brought in good faith pursuant to paragraph 18(D). 18. COLLEGE EXPENSES: Husband and Wife shall equally share in the costs of their children's applications for any and all post-secondary applications. The parties will discuss any further expenses for the children's post-secondary education and cooperate with each other in the children's best interest. 19. TAXES: For 2012, and all years thereafter, Wife is, at a minimum, entitled to claim the parties' youngest child for all tax related purposes, and Husband is entitled to claim the other three children for all tax related purpose. Nothing in this paragraph prohibits Wife from claiming more of the children is so agreed upon by the parties or directed by the Court. It is understood that the current agreement is based on the parties' current incomes, and may change as incomes change. 20. DIVORCE: Wife has commenced an action for divorce from Husband pursuant to Section 3301 (c) of the Pennsylvania Divorce Code by the filing of a Divorce Complaint. Each of the parties shall sign an Affidavit of Consent and Waiver of Notice of Intention to Request the Entry of a Divorce Decree at the same time of execution of this Agreement and shall provide the same to counsel for Wife. It is further agreed and understood that any Decree of Divorce issuing in this matter shall reflect the fact that Wife shall bear the cost of same in her individual capacity. A. Each of the parties agree that this Agreement represents a complete and final agreement as to their respective property rights which arose from the marital relation and therefore mutually waive any and all rights they may have under Section 3501 (Equitable Distribution) of the Pennsylvania Code, Act No. 1990- 206. B. This Agreement may be offered in evidence in the action for divorce and may be incorporated by reference in the decree to be granted therein. Notwithstanding such incorporation, this Agreement shall not be merged in the decree, but shall survive the same and shall be binding and conclusive on the parties for all time. 21. LEGAL FEES: In the review and preparation of this Agreement, each party shall bear his/her own legal fees. 22. REMEDY FOR BREACH: In addition to the above, if either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, either to sue for damages for such breach, in which event the breaching party shall be responsible for payment for reasonable legal fees and costs incurred by the other in enforcing their rights hereunder, or to seek such other remedies or relief as may be available to him or her. 23. EQUITABLE DISTRIBUTION: It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife or either of them during the marriage as contemplated by The Act of December 19, 1990 (P.L. No. 1240, No. 206) known as "The Divorce Code," 23 P.S. 3501 et seq. of the Commonwealth of Pennsylvania, and as amended. 24. SUMMARY OF EFFECT OF AGREEMENT: It is specifically understood and agreed by and between the parties hereto, and each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said parties" rights against the other for any past, present and future claims on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of each party, including all claims raised by them in the divorce action pending between the parties. 25. TAX CONSEQUENCES: By this agreement, the parties have intended to effectuate and have equitably divided their marital property. The parties have determined that such equitable division conforms to a right and just standard with regard to the rights of each party. The division of existing marital property is not, except as may be otherwise expressly provided herein, intended by the parties to constitute in any way a sale or exchange of assets and the division is being effected without the introduction of outside funds of other property not constituting a part of the marital estate. 26. MUTUAL COOPERATION/DUTY TO EFFECTUATE AGREEMENT: Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge, and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 27. RECONCILIATION: The parties shall only effect a legal reconciliation which supersedes this agreement by their signed agreement containing a specific statement that they have reconciled and that this agreement shall be null and void; otherwise, this agreement shall remain in full force and effect. Further, the parties may attempt a reconciliation, which action, if not consummated by the aforesaid agreement, shall not affect in any way the legal effect or this agreement or cause any new marital rights or obligations to accrue. 28. SEVERABILITY: The parties agree that the separate obligations contained in this Agreement shall be deemed to be interdependent. If any term, clause, or provision of this Agreement shall be determined by a court of competent jurisdiction to be invalid or unenforceable, then the parties agree that the Agreement may be reviewed and renegotiated in order to fulfill as closely as possible the purpose of the invalid provision. Notwithstanding any release contained herein, the parties intend that they may reinstate any and all economic claims to the extent available under the Divorce Code of 1980. Further, any court of competent jurisdiction may, under the equitable provisions and purposes of the Divorce Code, reinstate any economic claim which was available at the time of the parties' separation or avoid any waiver herein contained to renegotiate or effectuate as nearly as possible the purpose of the unenforceable provision. 29. NO WAIVER OF DEFAULT: This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 30. INTEGRATION: This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. This Agreement shall survive integration by any court into any judgment for divorce and shall continue to have independent legal significance as written contract separate from such judgment for divorce and may be enforced as an independent contract. 31. EFFECT OF DIVORCE DECREE: The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. 32. NOTICES: Any and all notices given hereunder shall be in writing and shall be sent registered mail, return receipt requested: A. To the Wife, at 61 H Street, Carlisle, Pennsylvania, 17013 B. To the Husband, at 45 Pinedale Road, Carlisle, Pennsylvania, 17015. 33. WAIVER OR MODIFICATION TO BE IN WRITING: No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 34. CAPTIONS: The captions of this Agreement are inserted only as a matter of convenience and for reference and in no way define, limit or describe the scope and intent of this Agreement, nor in any way effect this Agreement. 35. AGREEMENT BINDING ON HEIRS: The Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 36. LAW OF PENNSYLVANIA APPLICABLE: This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, the parties have set their hands and seals to two counterparts of this Agreement, each of which shall constitute an original, the day and year first above written. Witness: - - ? (Seal) Nanc . Cochran Edward T. Cochran COMMONWEALTH OF PENNSYLVANIA ) ) SS. COUNTY OF CUMBERLAND ) q ay this, the = j day of F?(O V- Lk o- 2012, before me, a notary public, the undersigned officer, personally appeared Nancy E. Cochran, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. In Witness Whereof, I hereunto set my hand and notarial seal. a ??o?wyr ?oam?Nran? Crn?Nrrb? tAX OC?,C-j otaI ublic I? COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND ) On this, the day of , 2012, before me, a notary public, the -,Zr) undersigned officer, personally appeared Edward T. Cochran, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. In Witness Whereof, I hereunto set my hand and notarial seal. NOTARIAL SEAL JANE ADAMS Notary Public CARLISLE BORO., CUMBERLAND COUNTY My Commission Expires Sep 6, 2012 t 2012 MAR --9 PM 3: PS CUMBERLAND u"OUNT i. PENNSYLVANIA NANCY E. COCHRAN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. EDWARD T. COCHRAN, Defendant NO. 2009-3177 CIVIL TERM IN CUSTODY AND 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: 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Complaint was served by certified mail, restricted delivery on May 26, 2009. 3. Date of execution of the Affidavit of Consent required by §3301 (c) of the Divorce Code: by Plaintiff: February 22, 2012, by Defendant: February 13, 2012. 4. Related claims pending: none. 5. Date plaintiffs Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: March 2, 2012 Date defendant's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: March 2, 2012 R f '?l Q IVY\ X o, \ ? N iALtik \ Hannah Herman-Snyder, Esquir Attorney for Plaintiff Attorney ID No. 91537 GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NANCY E. COCHRAN V. EDWARD T. COCHRAN NO. 2009-3177 DIVORCE DECREE AND NOW,"--"' I ??? , it is ordered and decreed that NANCY E. COCHRAN , plaintiff, and EDWARD T. COCHRAN , 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. The parties' Separation and Property Settlement Agreement, entered into February 22, 2012, is incorporated herein, but not merged. B e Court, Attest: J. Prothonotary 3-1412. ePi? Cory n/tr- o 'c e fi Co/ f/ r17c??Ctc? l? /? f??,rS' NANCY E. COCHRAN, Plaintiff VS. EDWARD T. COCHRAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-3177 CIVIL TERM IN CUSTODY AND DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER AND NOW this day of Maul'-, 2012, it is appearing to the Court that: 1. The parties to the Divorce Action. The parties to this action are Edward T. Cochran ("Participant") and Nancy E. Cochran ("Alternate Payee"). 1.1 Participant's name, address, social security number and date of birth are as follows: Name: Edward T. Cochran Address: 45 Pinedale Road Carlisle, PA 17015 Soc. Sec. No.: xxx-xx-7759 Date of Birth: August 31, 1967 1.2 Alternate Payee's name, address, social security number and date of birth are as follows: Name: Nancy E. Cochran Address: 61 H Street Carlisle, PA 17013 Soc. Sec. No.: xxx-xx-5455 Date of Birth: April 3, 1971 The parties were divorced by Order of this Court (a copy attached hereto) on March 14, 2012. The Decree has not been amended. 2. Plan. This Order applies to the IBM 401(k) Plus of Edward T. Cochran. The administrator responsible for determining whether the Order constitutes a Qualified Domestic Relations Order as described below is Fidelity. Interpretation and Construction of Order. 3.1 The parties intend this Order (the "Order") to constitute a "Qualified Domestic Relations Order," within the meaning of Section 414(p) of the Internal Revenue Code of 1986, as amended (the "Code") and Section 206(d)(3)(B) of the Employee Retirement Income Security Act of 1974, as amended, ("BRISA"). The provisions of this Order shall be administered and interpreted in conformity with Section 414(p) of the Code and Section 206(d)(3)(B) of ERISA. 3.2 Nothing in this order shall be construed to require the Plan to provide: 3.2.1 Any type or form of benefit, or any option, not otherwise provided under the Plan. 3.2.2 Benefits to Alternate Payee (as defined in Paragraph 4) in an amount that exceeds the amount of benefits that the Plan would be required to pay with respect to the Participant. 3.2.3 Benefits to Alternate Payee which are required to be paid to another alternate payee under another order previously determined to be a qualified domestic relations order. IT IS ORDERED, ADJUDGED, AND DECREED as follows: 4. Alternate Payee. This Order creates or recognizes the existence of the right of Alternate Payee (as hereinafter defined) to receive all or a portion of the benefits payable with respect to Participant under the Plan. For purposes of this Order, Alternate Payee is: X 4.1 Former Spouse 5. Amount of Distribution and Form of Distribution to the Alternate Payee. The distribution to Alternate Payee contemplated by this Order shall be made in the amount of NINETEEN THOUSAND FIVE HUNDRED DOLLARS AND XX/100 ($19,500.00) from the aforesaid 401(k) Plus Plan of Edward T. Cochran with that amount being distributed as of February 22, 2012, with Alternate Payee being entitled to all earnings (dividends, interest, gains, and losses) from said date to the date the distribution is disbursed to her. 6. Distribution Date. The distribution to Alternate Payee contemplated by this Order shall be made as soon as administratively practicable following the Company's determination that this Order is a Qualified Domestic Relations Order. CONSENTED TO: Date: o2-aa-Ia Date: ? ha, Date: ,? - ? I A .. 1 a Date: ? I d? Nancy E. Cch an, Plaintiff Edward T. Cochran, Defendant c? ??,{ c Hannah Herman-Snyder, EsquirA Attorney for Plaintiff ms, Esquire for Defendant 3 NANCY E. COCHRAN, Plaintiff V. EDWARD T. COCHRAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009 - 3177 Civil Term IN DIVORCE ORDER FOR PAYMENT OF ALIMONY AND NOW, this ;k'4' Day of /4" 2012, upon the Joint Motion of Plaintiff and Defendant, and to implement a provision of the marriage settlement agreement pursuant to the Divorce filed under the above-captioned matter, it is hereby ORDERED and DECREED as follows: 1. Plaintiff, Nancy E. Cochran, has an address of 61 H. Street, Carlisle, Pa. 17013. 2. Defendant, Edward T. Cochran, has an address of 45 Pinedale Road, Carlisle, Pa., 17015. 3. There is currently an open spousal support case in this matter, which is filed under Docket No. 352 S 2009 (Domestic Relations), Pacses Case Number 448110825. 4. A Decree in Divorce was entered on March 14, 2012, incorporating the terms of the marriage settlement agreement. 5. Pursuant to this agreement, Defendant, Edward T. Cochran, shall pay Plaintiff, Nancy E. Cochran, alimony as follows: A. Upon the date of the entry of a final Decree in Divorce, all spousal support shall terminate and Defendant shall pay to Wife the amount of $450.00 per month in alimony, for a period of sixty (60) consecutive months. B. Thereafter, Defendant shall pay Plaintiff the sum of $350.00 per month in alimony, for a period of sixty (60) consecutive months. ti C. Thereafter, Defendant shall pay Plaintiff the sum of $300.00 per month for a period of thirty-six (36) consecutive months, after which alimony will terminate. 6. Alimony shall terminate upon the death of either party or Wife's remarriage, or cohabitation with a member of the opposite sex. 7. The payments made pursuant to this Order shall be treated by both parties as alimony whereby Husband deducts the payments from his income for tax purposes and Wife includes them in her income for tax purposes. 8. Alimony shall be modifiable upon a substantial and significant change of circumstances. 9. The alimony payment shall continue to be paid by Husband directly by Husband's employer to the Pennsylvania State Collection and Disbursement Unit (PA SCDU) at Pennsylvania SCDU, P.O. Box 69110, Harrisburg, Pennsylvania, 17106-9110 and facilitated through the Cumberland County Domestic Relations Section. Payments shall continue to be forwarded as before, through a wage attachment, to be paid on Husband's pay day. 10. The alimony payments due under this Order shall commence as directed on Husband's first pay day after entry of this Order and the Order shall be retroactive to the date of the Divorce Decree. 11. This Order shall be implemented as soon as administratively possible, and the parties shall cooperate in making any modifications necessary to carry out the intent of this agreement. 12. The parties have indicated their agreement to such terms by their signature. WITNESSETH: ?? CZ.i? n A ? ? ?'ir? r? n ? 1 Witness Nancy E. chran, Wife Date: 3111- ( oZ Wit s SO ORDERED and DECREED this 7, r Edward T. Cochran, Husband Date: al ss? day of Met" BY THE C cc: v Jane Adams, Esquire, for husband "" Hannah Herman Snyder, for wife v ?W J. ;Z: r- `-== c-; C_ , 2012 2r n? N rv s_0 ?x ra) ev N' Ps to a " l ed '046 INCOME WITHHOLDING FOR SUPPORT O ORIGINAL INCOME WITHHOLDING ORDERMOTICE FOR SUPPORT (IWO) 44 7 11 $ T S O AMENDED IWO O ONE-TIMEORDER/NOTICE FOR LUMP SUM PAYMENT ???nl S 1?101?0 O TERMINATION OF IWO x541 Il, -S _2 :?s b9 - 31-7-7 Civil Date: 05/04112 ? Child Support Enforcement (CSE) Agency ® Court ? Attorney ? Private Individual/Entity (Check One) NOTE: This IWO'must be regular on its face. Under certain circumstances you must reject this IWO and return it to the sender (see IWO instructions http://www.acf.hhs.aov/programs/cse/newhire/employer/publication/qublication.htm - forms). If you receive this document from someone other than a State or Tribal CSE agency or a Court, a copy of the underlying order must be attached. State/Triberrerritory Commonwealth of Pennsylvania _ Remittance Identifier (include w/payment): 2411102121 City/County/Dist./Tribe CUMBERLAND _ Order Identifier: (See Addendum for orderldocket Informalton) Private Individual/Entity CSE Agency Case Identifier: (See Addendum for case summary} IBM CORPORATION PAYROLL 2020 TECHNOLOGY PKWY MECHANICSBURG PA 17050-9498 Employer/Income Wiithholder's FEIN Child(ren)'s Name(s) (Last, First, Middle) Child(ren)'s Birth Date(s) RE: COCHRAN, EDWARD T Employee/Obligor's Name (Last, First, Middle) 155-70-7759 Employee/Obligor's Social Security Number (See Addendum for plaintiff names associated with cases on attachment) Custodial Party/Obligee's Name (Last, First, Middle) NOTE: This IWO must be regular on its face. Under certain circumstances you must reject this IWO and return it to the sender (see IWO instructions / htti)://www.acf.hhs.gov/pro-grams/cse/newhire employer/publication/publication.htm - forms). If you receive this document from someone other than a State or Tribal CSE agency or a Court, a copy of the underlying order must be attached. 1948100064 See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This document is based on the support or withholding order from CUMBERLAND County, Commonwealth of Pennsylvania (State/Tribe). You are required by law to deduct these amounts from the employee/ obligor's income until further notice. $ 1,317.00 per month in current child support -'' $ 0.00 per month in past-due child support - Arrears 12 weeks or greater? O y?r O $ 0.00 per month in current cash medical support $ 0.00 per month in past-due cash medical support $ 450.00 per month in current spousal support $ 0.00 per month in past-due spousal support $ 0.00 per month in other (must specify) :t= cz) p_y c? for a Total Amount to Withhold of $ 1,767.00 per month. AMOUNTS TO WITHHOLD: You do not have to vary your pay cycle to be in compliance with the Order Information. If your pay cycle does not match the ordered payment cycle, withhold one of the following amount: $ 4p3:7 I per weekly pay period. $ 883.50 per semimonthly pay period (twice a month) $ R fcj, 5q per biweekly pay period (every two weeks) $ 1,767.00 per monthly pay period. $ Lump Sum Payment: Do not stop any existing IWO unless you receive a termination order. REMITTANCE INFORMATION: If the employee/obligor's principal place of employment is CUMBERLAND County, Commonwealth of Pennsylvania (State/Tribe), you must begin withholding no later than the first pay period that occurs ten (10) working days after the date of this Order/Notice. Send payment within seven 7 working days of the pay date. If you cannot withhold the full amount of support for any or all orders for this employee/obligor, withhold up to 55% of disposable income for all orders. If the employee/obligor's principal place of employment is not CUMBERLAND County, Commonwealth of Pennsylvania (State/Tribe), obtain withholding limitations, time requirements, and any allowable employer fees at http://www.acf.hhs.gov/programs/cse/newhire/employer/contacts/ contact map.htm for the employee/obligor's principal place of employment. Document Tracking Identifier Service Type M OMB No.: 0970-0154 Form EN-028 01/12 Worker ID $IATT ? Return to Sender [Completed by Employer/Income Withholder). Payment must be directed to an SDU in accordance with 42 USC §666(b)(5) and (b)(6) or Tribal Payee (see Payments to SDU below). If payment is not directed to an SDU/Tribal Payee or this IWO is not regular on its face, you must check this box and return the IWO to the sender. Signature of Judge/Issuing Official (if required by State or Tribal law): Print Name of Judge/Issuing Official: Af lit H. I %slattd Title of Judge/Issuing Official: _ Date of Signature: MAV n 7 )n,,) If the employee/obligor works in a State or for a Tribe that is different from the State or Tribe that issued this order, a copy of this IWO must be provided to the employee/obligor. ? If checked, the employer/income withholder must provide a copy of this form to the employee/obligor. ADDITIONAL INFORMATION FOR EMPLOYERS/INCOME WITHHOLDERS Pennsylvania law (23 PA C.S. § 4374(b)) requires remittance by an electronic payment method if an employer is ordered to withhold income from more than one employee and employs 15 or more persons, or if an employer has a history of two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. State-specific contact and withholding information can be found on the Federal Employer Services website located at: http:/Iwww acf hhs gov prrourams/cse/newhire/employer/contacts/contact map.htm Priority: Withholding for support has priority over any other legal process under State law against the same income (USC 42 §666(b)(7)). If a Federal tax levy is in effect, please notify the sender. Combining Payments: When remitting payments to an SDU or Tribal CSE agency, you may combine withheld amounts from more than one employee/obligor's income in a single payment. You must, however, separately identify each employee/ obligor's portion of the payment. Payments To SDU: You must send child support payments payable by income withholding to the appropriate SDU or to a Tribal CSE agency. If this IWO instructs you to send a payment to an entity other than an SDU (e.g., payable to the custodial party, court, or attorney), you must check the box above and return this notice to the sender. Exception: If this IWO was sent by a Court, Attorney, or Private Individual/Entity and the initial order was entered before January 1, 1994 or the order was issued by a Tribal CSE agency, you must follow the "Remit payment to" instructions on this form. Reporting the Pay Date: You must report the pay date when sending the payment. The pay date is the date on which the amount was withheld from the employee/obligor's wages. You must comply with the law of the State (or Tribal law if applicable) of the employee/obligor's principal place of employment regarding time periods within which you must implement the withholding and forward the support payments. Multiple IWOs: If there is more than one IWO against this employee/obligor and you are unable to fully honor all IWOs due to Federal, State, or Tribal withholding limits, you must honor all IWOs to the greatest extent possible, giving priority to current support before payment of any past-due support. Follow the State or Tribal law/procedure of the employee/obligor's principal place of employment to determine the appropriate allocation method. Lump Sum Payments: You may be required to notify a State or Tribal CSE agency of upcoming lump sum payments to this employee/obligor such as bonuses, commissions, or severance pay. Contact the sender to determine if you are required to report and/or withhold lump sum payments. Liability: If you have any doubts about the validity of this IWO, contact the sender. If you fail to withhold income from the employee/obligor's income as the IWO directs, you are liable for both the accumulated amount you should have withheld and any penalties set by State or Tribal law/procedure. Anti-discrimination: You are subject to a fine determined under State or Tribal law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against an employee/obligor because of this IWO. OMB Expiration Date - 05131/2014. The OMB Expiration Date has no bearing on the termination date of the IWO: it identifies the version of the form currently in use. Form EN-028 01/12 Service Type M Page 2 of 3 Worker ID $IATT Employer's Name: IBM CORPORATION Employer FEIN: Employee/Obligor's Name: COCHRAN, EDWARD T. 2411102121 CSE Agency Case Identifier: (See Addendum for case summa ry1 Order Identifier: (See Addendum for order/docket information) Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) (15 U.S.C. 1673(b)); or 2) the amounts allowed by the State or Tribe of the employee/obligor's principal place of employment (see REMITTANCE INFORMATION). Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; statutory pension contributions; and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family. However, those limits increase 5% - to 55% and 65% - if the arrears are greater than 12 weeks. If permitted by the State or Tribe, you may deduct a fee for administrative costs. The combined support amount and fee may not exceed the limit indicated in this section. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers/income withholders who receive a State IWO, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer/income withholder is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State or Tribal law, you may need to also consider the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. Arrears greater than 12 weeks? If the Order Information does not indicate that the arrears are greater than 12 weeks, then the Employer should calculate the CCPA limit using the lower percentage. Additional Information: NOTIFICATION OF EMPLOYMENT TERMINATION OR INCOME STATUS: If this employee/obligor never worked for you or you no longer withholding income for this employee/obligor, an employer must promptly notify the CSE agency and/or the sender by returning this form to the address listed in the Contact Information below: 1948100064 0 This person has never worked for this employer nor received periodic income. O This person no longer works for this employer nor receives periodic income. Please provide the following information for the employee/obligor: Termination date: Last known address: Last known phone number: Final Payment Date To SDU/Tribal Payee: New Employer's Name: New Employer's Address: Final Payment Amount: CONTACT INFORMATION: To Employer/Income Withholder: If you have any questions, contact WAGE ATTACHMENT UNIT (Issuer name) by phone at (717) 240-6225, by fax at (717) 240-6248, by email or website at: www.childsupport.state.pa.us. Send termination/income status notice and other correspondence to: DOMESTIC RELATIONS SECTION, 13 N. HANOVER ST. P.O. BOX 320, CARLISLE. PA. 17013 (Issuer address). To Employee/Obligor: If the employee/obligor has questions, contact WAGE ATTACHMENT UNIT (Issuer name) by phone at (717 240-6225, by fax at (717) 240-6248, by email or website at www.childsupport.state.pa.us. IMPORTANT: The person completing this form is advised that the information may be shared with the employee/obligor. Service Type M OMB No.: 0970-0154 Page 3 of 3 Form EN-028 01/12 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: COCHRAN, EDWARD T. PACSES Case Number 254113235 Plaintiff Name NANCY E. RYNEX Doc t Attachment Amount 09-3177 CIVIL $ 450.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACKS Case Number Plaintiff Name Docke Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACKS Case Number 448110825 Plaintiff Name NANCY E. RYNEX Docket Attachm 00352 S 2009 $ Child(ren)'s Name(s): NICHOLAS E. COCHRAN ent Amount 1,317.00 DOB 09/03/96 KYLE T. COCHRAN 10/16/98 JARED L. COCHRAN 10/01/00 GAVIN C. COCHRAN 05/17/04 PACSES Case Number Plaintiff Name oc t Attachm $ Child(ren)'s Name(s): ent Amount 0.00 OB PACSES Case Number Plaintiff Name Docke Attach $ Child(ren)'s Name(s): ment Amount 0.00 OB Addendum Form EN-028 01/12 Service Type M OMB No.: 0970-0154 Worker ID $IATT In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION 13 N.HANOVER ST,P.O.BOX 320,CARLISLE,PA. 17013 C") c �; W "U co G3 tr F..-. Defendant Name: EDWARD T. COCHRAN rn ; '>r 2:3 c3 Member ID Number: 2411102121 Please note:All correspondence must include the Member ID Number. r .,- 17 CI ORDER OF ATTACHMENT OF UNEMPLOYMENT COMPENSATION BITS Financial Break Down of Multiple Cases on Attachment PACSES Docket Plaintiff Name Case Number N Attachment Amount/Frequency NANCY E. RYNEX 254113235 450.00 / MONTH NANCY E. RYNEX 448110825 1,317.00 MONTH $ / TOTAL ATTACHMENT AMOUNT: $ 1,767.00 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$406.65 per week, or 50%, of the Unemployment Compensation benefits otherwise payable to the Defendant, EDWARD T. COCHRAN Social Security Number XXX-XX-7759, Member ID Number 2411102121 . 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 SEPTEMBER 29, 2013 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: OCT 0. 8 2013 beXt H. Masland JUDGE Form EN-530 Service Type M Worker ID $IATT