Loading...
HomeMy WebLinkAbout04-2182 II. vs. ) ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARY L. GOLDING, Plaintiff CIVIL ACTION - LAW NO. 0"1" )./~'- c.:vil 7~ DAVID JEFFREY GOLDING, Defendant 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 foregoing 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 in 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 Courthouse 1 Courthouse Square Carlisle, PA 17013 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 I. MARY L. GOLDING, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. DAVID JEFFREY GOLDING, Defendant IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302 (d) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. II. MARY L. GOLDING, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 0'1- ;L J i'1- DAVID JEFFREY GOLDING, Defendant IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes the above-named Plaintiff, MARY L. GOLDING, by her attorney, Samuel L. Andes, and makes the following Complaint in Divorce: 1. The Plaintiff is MARY L. GOLDING, an adult individual who currently resides at 5305 Oxford Drive, No. 131 in Mechanicsburg, Cumberland County, Pennsylvania. 2. The Defendant is DAVID JEFFREY GOLDING, an adult individual who currently resides at 1107 E. Powderhorn Road in Mechanicsburg, Cumberland County, Pennsylvania. 3. Both the Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on 24 August 1974 in Kane, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of marriage counseling and the Plaintiff may have the right to request that the Court require the parties to participate in counseling. I. COUNT I - IRRETRIEVABLE BREAKDOWN 8. The Plaintiff requests this Court to enter a Decree in Divorce. WHEREFORE, Plaintiff requests this Court to enter a Decree in Divorce pursuant to the Divorce Code of Pennsylvania. Samuel L. Andes Attorney for Plaintiff Supreme Court ID # 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 I verify that the statements made in this Complaint are true and correct. I understand that any false statements in this Complaint are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: 5 J{p J 01.../ c::yy; ~ J1oflA~_ ~ MAR~GOLD~v-~a ~ ~ ~('\ ct ..... tI\ ~~ ~ .. \) 0 tl .... . -.l VI "<l ~ " ,- .. c) c} "> f"::;.:> .i~-:: () -q _.r~ '-~J -~I ~ MARY L. GOLDING, Plaintiff IIN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW INO. 04-2182 CIVIL TERM DAVID JEFFREY GOLDING, Defendant IN DIVORCE ACCEPTANCE OF SERVICE I, DAVID JEFFREY GOLDING, hereby accept service of the original Complaint in Divorce and acknowledge receipt of a copy of the Complaint. Date: S/Z//04 I , o C :;;",. -'["In.: rC',T '-/'":<' '7";- ";.,;::,,-, ~ ~~~~ Z :::;! ~ 5? ~ -1 """. ::'](. Cf? N 0:> ~ %:n f;; }\9 06 ~:n OB ~.\T1 ~I 't:;>- ~ II MARY L. GOLDING, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW DAVID JEFFREY GOLDING, Defendant NO. 04-2182 CIVIL TERM IN DIVORCE MOTION FOR HEARING ON ALlMOr~Y PENDENTE LITE AND NOW comes the above-named Plaintiff, by her attorney, Samuel L. Andes, and moves the Court for a conference at the Domestic Relations Office and, if necessary, a hearing, on her request for alimony pendente lite as raised in her Petition for Economic Relief, a copy of which is attached. ~ \~~ ""--~..... ue L. Andes Attorney for Plaintiff Supreme Court ID 17225 525 North 12th Street Lemoyne, PA 17043 1 MARY L. GOLDING, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW DAVID JEFFREY GOLDING, Defendant NO. 04-2182 CIVIL TERM IN DIVORCE PLAINTIFF'S PETITION FOR ECONOMIC RELIEF AND NOW comes the above-named Plaintiff, by her attorney, Samuel L. Andes, and makes the following Petition for Economic Relief: COUNT I - EQUITABLE DISTRIBUTION 1. During the course of the marriage, the parties have acquired numerous items of property, both real and personal, which are held in joint names and in the individual names of each of the parties hereto. WHEREFORE, Plaintiff prays this Honorable Court, after requiring full disclosure by the Defendant, to equitably divide the property, both real and personal, owned by the parties hereto as marital property. COUNT II - ALIMONY 2. Plaintiff lacks sufficient property to provide for her reasonable needs in accordance with the standard of living of the parties established during the marriage. 3. Plaintiff is unable to support herself in accordance with the standard of living of the parties established during the marriage through appropriate employment. 1 II I II I 4. The Defendant is employed and enjoys a substantial income from which he is I able to contribute to the support and maintenance of Plaintiff and to pay her alimony in accordance with the Divorce Code of Pennsylvania. WHEREFORE, Plaintiff prays this Honorable Court to enter an Order awarding Plain- tiff from Defendant permanent alimony in such sums 81S are reasonable and adequate to I support and maintain Plaintiff in the station of life to which she has become accustomed during the marriage. COUNT III - ALIMONY PENDENTE LITE 5. Plaintiff is without sufficient income to support and maintain herself during the pendency of this action. 6. Defendant enjoys a substantial income and is well able to contribute to the support and maintenance of Plaintiff during the course of this action. WHEREFORE, Plaintiff prays this Honorable Court to order Defendant to pay her reasonable alimony pendente lite during the pendency of this action. COUNT IV - COUNSEL FEES Al\ID EXPENSES 7. Plaintiff is without sufficient funds to retain counsel to represent her in this matter. 8. Without competent counsel, Plaintiff cannot adequately prosecute her claims against Defendant and cannot adequately litigate her ri\jhts in this matter. 9. Defendant enjoys a substantial income and is well able to bear the expense of Plaintiff's attorney and the expenses of this litigation. 2 II 'I i :1 !, " I WHEREFORE, Plaintiff prays this Honorable Court to order Defendant to pay the legal fees and expenses incurred by Plaintiff in the litigation of this action. , I I II I I: II II I I I I sR~~e~PO .O~ Attorney for Plaintiff Supreme Court ID 17225 525 North 12th Stmet Lemoyne, PA 17043 I verify that the statements made in this Petition for Economic Relief are true and correct. I understand that any false statements in this Petition are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). DATE: 10 S,... ">cv4:-- cyr{p_k'l(:f ~;it. x,;.L.- MARY(jJ. GOLDING r; ,I " Ii 3 o o ~ t .....- c ~ o -1 -.:., ,.." C:.;, c.::::l ..4;..~ c/) rTj o ., --1 :-!;~ TI r 11 ,~~ -"'JITl :"-'~;'\~ L- 1'.' ;;-',:: \,r) r-) i'n en (,)i II MARY L. GOLDING, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY , PENNSYLVANIA vs. CIVIL ACTION - LAW DAVID JEFFREY GOLDING, Defendant NO. 04-2182 CIVIL TERM IN DIVORCE PLAINTIFF'S PETITION FOR ECONOMIC RELIEF AND NOW comes the above-named Plaintiff, by her attorney, Samuel L. Andes, and makes the following Petition for Economic Relief: COUNT I - EQUITABLE DISTRllliUTION 1. During the course of the marriage, the parties have acquired numerous items of property, both real and personal, which are held in joint names and in the individual names of each of the parties hereto. WHEREFORE, Plaintiff prays this Honorable Court, after requiring full disclosure by the Defendant, to equitably divide the property, both real and personal, owned by the parties hereto as marital property. COUNT II - ALIMONY 2. Plaintiff lacks sufficient property to provide for hl~r reasonable needs in accordance with the standard of living of the parties established during the marriage. 3. Plaintiff is unable to support herself in accordance with the standard of living of the parties established during the marriage through appropriate employment. 1 4. The Defendant is employed and enjoys a substantial income from which he is able to contribute to the support and maintenance of Plaintiff and to pay her alimony in accordance with the Divorce Code of Pennsylvania. WHEREFORE, Plaintiff prays this Honorable Court to enter an Order awarding Plain- tiff from Defendant permanent alimony in such sums as are reasonable and adequate to support and maintain Plaintiff in the station of life to which she has become accustomed during the marriage. COUNT III - ALIMONY PENDENTE LITE 5. Plaintiff is without sufficient income to support and maintain herself during the pendency of this action. 6. Defendant enjoys a substantial income and is well able to contribute to the support and maintenance of Plaintiff during the course of this action. WHEREFORE, Plaintiff prays this Honorable Court to order Defendant to pay her reasonable alimony pendente lite during the pendency of this action. COUNT IV - COUNSEL FEES Arm EXPENSES 7. Plaintiff is without sufficient funds to retain counsel to represent her in this matter. 8. Without competent counsel, Plaintiff cannot adequately prosecute her claims against Defendant and cannot adequately litigate her rilghts in this matter. 9. Defendant enjoys a substantial income and is well able to bear the expense of Plaintiff's attorney and the expenses of this litigation. 2 WHEREFORE, Plaintiff prays this Honorable Court to order Defendant to pay the legal fees and expenses incurred by Plaintiff in the litigation of this action. ~~Q.~ Sam . Andes Attorney for Plaintiff Supreme Court I[) 17225 525 North 12th Street Lemoyne, PA 17043 I verify that the statements made in this Petition for Economic Relief are true and correct. I understand that any false statements in this Petition are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). DATE: 10 S,. ?Q,)4- C(!{Wd:f'ikku~ MARY . GOLDING . 3 ~ 0 ....., c; ~ rJ t:_'-. -r;:;.::;) -n ~ ~,-- ..., (\ C/) T - ~--q r'il -0 ", -.... ~ ,. v. - :-'S , '1\ '-", ~ ',> I..:::') "I L..J 0 en )V - "<) "oJ \ r-- ~ ~ ~ MARY GOLDING, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA VS. CIVIL ACTION - DIVORCE DAVID J. GOLDING, Defendant/Respondent NO. 2004-2182 CIVIL TERM IN DIVORCE Pacses# 97810~,773 ORDER OF COURT AND NOW, this 7th day of October, 2001, upon consideration of the attached Petition for Alimony Pendente Lite andlor counsel fees, it is hereby directed that the parties and their respective counsel appear before RJ. Shaddavon November 15.2004 at 9:00 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (I) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11<<;) (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, George E. Hoffer, President Judge Mail copies on 10-7-04 to: Petitioner < Respondent Samuel Andes, Esquire Gary Rothschild, Esquire 11 ~.!. _ /JL-,L4. ~i ( -(J R. J. Shadday, Conference Officer Date of Order: October 7. 2004 YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FINn OUT WHERE YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 CC361 e;Kr c. ,,~' t"''. .....c.. ....., .= c:..-::1 .;:- o C') -i () -(1 I CD ~rlfg :-<:1r:I\ 'dT i'-"1 ~-"-. ( ,.~ ~-<:~:r) ~;';;. ('-~ .~,.;~ l~(] (..J .r. en C','" ::0 ---<::: MARY GOLDING, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA VS. CIVIL ACTION - DIVORCE DAVID J. GOLDING, Defendant/Respondent NO. 2004-2182 CIVIL TERM IN DIVORCE P ACSES# 978106773 ORDER OF COURT AND NOW, this 15th day of November, 2004, based upon the Court's determination that Petitioner's monthly net income/earning capacity is $2,658.63 and Respondent's monthly net income/earning capacity is $4,116.87, it is hereby Ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit, $590.00 per month payable monthly as follows; $540.00 for alimony pendente lite and $50.00 on arrears. First payment due next pay date. Arrears set at $1,080.00 as of November 15, 2004. The effective date ofthe order is September 21, 2004. This Order considers that Respondent is making payment on Petitioner's automobile insurance at the cost of$43.00 per month. Petitioner is to reimburse Respondent for the medical insurance premiums for the costs of the family plan from her medical plan though her employment. Respondent has no obligation for reimbursing Petitioner for any unreimbursed medical expenses for Petitioner as her medical plan, through her employment, will reimburse her for unreimbursed medical expenses not covered by Respondent's medical insurance plan. 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.g 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 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 P A SCDU to: Mary Golding. Payments must be made by check or money order. All checks and money orders must be made payable to P A SCDU and mailed to: P A SCDU P.O. Box 69110 Harrisburg, PA 17106-9110 Payments must include the defendant's P ACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. Unreimbursed medical expenses that exceed $250.00 annually are to be paid as follows: 0% by Respondent and 100% by Petitioner. The Petitioner is responsible to pay the first $250.00 annually in unreimbursed medical expenses. Petitioner to provide medical insurance coverage. Within thirty (30) days after the entry of this Order, the Petitioner 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 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. This Order shall become final ten days after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Prothonotary for a hearing de novo before the Court. ORO: R. J. Shadday Mailed copies on 11-16-04: < BY THE COURT, Petitioner Respondent Samuel Andes, Esquire Gary Rothschild, Esquire Q~1~ Edgar B. Bayley J. _...' " .:1 !. ;'~'i !.:::", "1:1,' (J (~2 -;.~I " r--.J C.') (,.;'+.'l ...1:- :"1::: C) -i;'. c. C:? 1'0 ~.., ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 11/15/04 Tribunal/Case Number (See Addendum for case summary) @ Original Order/Notice o Amended Order/Notice o Terminate Order/Notice GANNETT FLEMING INC* C/O GANCOM PO BOX 67100 HARRISBURG PA 17106-7100 RE: GOLDING, DAVID J. Employee/Obligor's Name (Last, First, MI) 164-42-3990 Employee/Obligor's Social Security Number 5539101396 Employee/Obligor's Case Identifier Ji:J', ;J.IO<<f-::J.I g ~ (!.J JIlL (See Addendum for plaintiff names , associated with cases on attachment) P,4t!SE5 t; 78'1 O{, 7 '7 3 Custodial Parent's Name (Last, First, MI) Employer/Withholder's Federal EIN Number See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMA TlON: 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. $ 540.00 per month in current support $ 50.00 per month in past-due support Arrears 12 weeks or greater? Oyes @ no $ 0.00 per month in medical support $ 0 . 00 per month for genetic test costs $ per month in other (specify) for a total of $ 590.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 136.15 per weekly pay period. $ 272.31 per biweekly pay period (every two weeks). $ 295.00 per semimonthly pay period (twice a month). $ 590.00 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 paydateJdate 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 #10 on pg. 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PA YMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR So'CIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. "' ",.. ~." ~ Ii.--,' "'_/~.OV BY THE COU ---L1-...'" r'OV 1 Date of Order: . ~ ~ , 6 20at ~'1~'t.a~ For~ ~8 Worker ID $IATT Service Type M OMS No.: 0970-0154 ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS o If {;hecked you are required to provide a copy of this form to your employee. If YOl,Jr employee works in a state that is different from the state that issued this order, a copy must be provided to your employee even if the box is not checked. 1. We appreciate the voluntary compliance of Federally recognized Indian tribes, tribally-owned businesses, and Indian-owned businesses located on a reseNation that choose to withhold in accordance with this notice. 2. 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. 3. 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. 4. * Reporting the Paydate/Date of Withholding; You must report thE paydatEldate of withholding when sEnding the pay.,-,ent. The paydate/date of withholding is the date on which a..,ount was withheld from the e..,ploYEE'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. 5. * 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 #10 below) 6. 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. WITHHOLDER'S 10: 2516135910 EMPLOYEPS/OBUGOR'S NAME: EMPLOYEE'S CASE IDENTIFIER: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: GOLDING, DAVID J. 5539101396 DATE OF SEPARATION: 7. 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. 8. 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. 9. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 10. * Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.c. 91673 (b)1; or 2) the amounts allowed by the State of the ernployee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. 11. 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. Submitted By: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Worker ID $IATT Service Type M OMB No.: 0970-0154 ADDENDUM Summary of Cases on Attachment Defendant/Obligor: GOLDING, DAVID J. PACSES Case Number 978106773 Plaintiff Name MARY GOLDING Docket Attachment Amount 04-2182 CIVIL$ 590.00 Child(ren)'s Name(s): PACSES Case Number Plaintiff Name DOB Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB o If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. o If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB o If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. o If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the em p loyee's/ob I igor's employment. PACSES Case Number Plaintiff Name PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB .,' ,':'" ..;.':: ,.:,,' :.....,'..: .. '" . ..... o If checked, you are required to ~~roil the ~hild(r~~) identified above in any health insurance coverage available through the employee's/obligor's employment. .. ..... . . .......... ..... ...... ..... o If~h~~ked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. Addendum Form EN-Ol8 Worker 10 $IATT Service Type M OMB No.: 0970-0154 :..-: L. .:..71 rN! r-~ E~ I,::j ~ ~ ~ t:" ""'\ ~ ~ ~ . . ....-..... .. MARY GOLDING, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION-DIVORCE DAVID J. GOLDING, Defendant : NO. 2004-2182 CIVIL TERM : P ACSES Case Nwnber 978106773 PETITION FOR MODIFICATION OF AN EXISTING ORDER FOR ALIMONY PENDENTE LITE AND NOW COMES, the Defendant/Obligor, David J. Golding, by and through his attorney, Gary L. Rothschild, Esquire, and avers as follows: Defendant, David 1. Golding, is entitled to a decrease in his alimony pendente lite obligation, because, inter alia, the Defendant's tax filing status has changed and the parties' son is no longer a dependent for tax purposes. WHEREFORE, Defendant respectfully requests that the Court modify the existing Order for Alimony Pendente Lite. Date: Me; ~~ / Gary . Rothschild, Esquire SUpf. Ct. J.D. No. 62041 2215 Forest Hills Drive, Suite 35 Harrisburg, PAl 7112 Tele. (717) 540-3510 Fax (717) 540-3512 Attorney for Defendant/Obligor '. . - VERIFICATION I verify that the statements made in the Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S 4904, relating to unsworn falsification to authorities. Date: tj; (, Gary L. othsc ild, Esquire Supr. Ct. I.D. No. 62041 2215 Forest Hills Drive, Suite 35 Harrisburg, P A 17112 Tele. (717) 540-3510 Fax (717) 540-3512 Attorney for Defendant/Obligor r::, D- ~ 'B ~.,.- l,- 0' -\0 b (') S^::; r-" c:.:> ';;~,~ .;?, -' -~.~~~~;~ c.- -;;,'" ~ \ s~_. .-.j ..."'- ~? en ., <I'. --, II MARY L. GOLDING, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. DAVID JEFFREY GOLDING, Defendant CIVIL ACTION - LAW NO. 04-2182 CIVIL TERM IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Plaintiff moves the court to appoint a Master with respect to the following claims: ( )<) Divorce ( ) Annulment (;>( ) Counsel Fees (X) Distribution of Property (x) Alimony (}<.) Costs and Expenses ( ) Support (X ) Alimony Pendente Lite and in support of the motion states: I, ;1 1. Discovery is complete as to the c1aim(s) for which the appointment of a Master is requested. Ii Ii " II II 'I I, Ii Ii II II 2. The Defendant has appeared in the action by his attorney, Gary Rothschild, Esquire. 3. The statutory ground for divorce is: 32cl (c.) 4. Check the applicable paragraph(s): ( ) The action is not contested. ( ) An agreement has been reached with respect to the following claims: (X') The action is contested with respect to the above-marked claims. I II ~ V~?J.1? 2mb Date 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take hours I day. 7. Additional information, if any, relevant to this motion: ~~~ Attorney for Plaintiff AND NOW with respect to the above claims. 2006, E. Robert Elicker, II, Esquire is appointed Master BY THE COUHT, J. Q c_ ,-) ::'r1 .-. i:i ;I~ ','T; '..::J \. ,,', .....;. ~.~ "'.8 :< MARY GOLDING, Plaintiff/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE DAVID J. GOLDING, Defendant/Petitioner NO. 04-2182 CIVIL TERM IN DIVORCE PACSES # 978106773 ORDER OF COURT AND NOW, this lOth day of January, 2006, a petition has been filed against you, Mary Golding, to modify an existing Alimony Pendente Lite Order. You are ordered to appear in person at the Domestic Relations Section, 13 North Hanover Street, Carlisle, Pennsylvania, on Januarv 30.2006 at 1:30 P.M. lor a conference and to remain until dismissed by the Court. If you fail to appear as provided in this Order, an Order of Court may be entered against you. You are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by the Rule 1910.11. (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available. to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, Edgar B. Bayley, President Judge Copies mailed 01/03/06 to: -. ~ ,<' /! JZ J. ~~~:efe~:~~~f:~(r V YOU HAVE THERIGHTTOA LAWYER, WHO MAY ATTEND THE CONFERENCE AND . REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AfFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. Petitioner Respondent Samuel Andes, Esq. Gary L Rothschild, Esq. Date of Order: January 10. 2006 CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717)249-3166 co361 -.--.---.-.- ,- c (,.:) ~C'~ ,,) ~'il , ,I' II II Ii I' Ii Ii I I MARY L. GOLDING, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. DAVID JEFFREY GOLDING, Defendant CIVIL ACTION - LAW NO. 04-2182 CIVIL TERM IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Plaintiff moves the court to appoint a Master with respect to the following claims: ( ><) Divorce ( ) Annulment ( )( ) Counsel Fees (x) Distribution of Property (xl Alimony (".:.) Costs and Expenses ( ) Support (X ) Alimony Pendente Lite and in support of the motion states: 1. Discovery is complete as to the claim(s} for which the appointment of a Master is requested. 2. The Defendant has appeared in the action by his attorney, Gary Rothschild, Esquire. 3. The statutory ground for divorce is: 3~\ (e-) 4. Check the applicable paragraph(s): ( ) The action is not contested. ( ) An agreement has been reached with respect to the following claims: L>< I The action is contested with respect to the above-marked claims. 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take hours I day. 7. Additional information, if any, relevant to this motion: ~ V"""'"",, 4lJb ~~ Attorney for Plaintiff It 2006, E. Robert Elicker, II, Esquire is appointed Master s. .~ f~~ ( ,\ 0\ BYTHCQ:~hZ1~ , J. \\'" ~)" " ",' ~,.\ ,. ~', -J ,'r"', ,\ !~..: (' (""I \ \ \(.11 lJ\O" '7 b A~V 0.U c_ '~-'l ~\1 _4 -~ ,_,,:,.-\1 1:\;::.:"- -r; ~::)- \:-~ ,,--~. } ~" ~ ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Penos~lvania Co.lCity/Dist. of CUMBERLAND Date of Order/Notice 01/30/06 Case Number (See Addendum for case summary) 978106773 04-2182 CIVIL o Original Order/Notice @ Amended Order/Notice o Terminate Order/Notice GANNETT FLEMING INC* C/O GANCOM PO BOX 67100 HARRISBURG PA 17106-7100 RE: GOLDING, DAVID J. Employee/Obligor's Name (last, First, MI) 164-42-3990 Employee/Obligor's Social Security Number 5539101396 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) EmployerlWithholder's Federal EIN Number See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMA TlON: 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. $ 544.00 per month in current support $ 50.00 per month in past-due support Arrears 12 weeks or greater? Oyes @ no $ 0.00 per month in current and past-due medical support $ 0.00 per month for genetic test costs $ per month in other (specify) for a total of $ 594.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 13 7.08 per weekly pay period. $ 274.15 per biweekly pay period (every two weeks). $ 297.00 per semimonthly pay period (twice a month). $ 594.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate!date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDUl Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PA YMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE Jud Form EN-028 Worker ID $IATT JAN 3 I 2nD!) Date of Order: ' -- DRO: R.J. Shadday Service Type M Edgar B. Bayley, OMB No.: 0970-0154 f " ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS o If ,hecked you are required to provide a copy of this form to your ~mployee. If your employee works in a state that is different from the state that issued this order, a copy must be provided to 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.* Re"urlil,g llle rayddlc/Dalc ofW;tl.l,vld;"g. YOu II1u5llepOrL tile fJayJelt~/delle of vvitl,l,uld;"5 vvl.61 S~IIJ;llo ll,e paylll~llt. The- pa)'Ja~/Jcrtf: of vv;~l,l,old;"g ;~ \lIe delte 011 vvl.;d, ellllvUllt was vvitl,l,dJ f'VIII ll,e cII1...,lvycc'::> 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.* EmployeelObligor 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. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 2516135910 EMPLOYEE'S/OBlIGOR'S NAME: GOLDING , DAVID J. EMPLOYEE'S CASE IDENTIFIER: 5539101396 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.c. !j1673 (b)l; or 2) the amounts allowed by the State of the employee's/obligor's principai place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxeSi Sodal Security taxes; and Medicare taxes. 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 amounts allowed under the law of the state that issued the order. 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.Submitted By: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Worker ID $IATT Service Type M OMS No.: 0970-0154 " ADDENDUM Summary of Cases on Attachment Defendant/Obligor: GOLDING, DAVID J. PACSES Case Number 978106773 Plaintiff Name MARY GOLDING Docket Attachment Amount 04-2182 CIVIL$ 594.00 Child(ren)'s Name(s): PACSES Case Number Plaintiff Name DOB Docket Attachment Amount $ 0.00 Child(ren)'s Namels): DOB o If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. o If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the emp\oyee'sJobligor's employment. PACSES Case Number Plaintiff Name PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB you are required to enroll the child(ren) above in any health insurance coverage available employee's/obligor's employment. o If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name P ACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB If you are required to enroll the child(ren) above in any health insurance coverage available the employee's/obligor's employment. If checked. you are required to enroll the child(ren) above in any health insurance coverage available the employee's/obligor's employment. Addendum Form E N-028 Worker ID $IATT Service Type M OMB No.: 0970-0154 --....------"-.... () c- _ .__n...~."~_.-..-- '" ;::-; t.:;-. o -1'1 ...... -~ rii-r-t r 'T.,rn -"0 ,'.I..l' (~>, f..' ~ :a.::- (,~, -u ::X-.: j~ .:.; t:-? .~-{~~;; ),:.: "jJ .....-,;; -r.:- .;;;.- --. MARY GOLDING, Plaintiff/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE DA VlD J. GOLDING, Defendant/Petitioner NO. 04-2182 CIVIL TERM IN DIVORCE PACSES # 978106773 ORDER OF COURT AND NOW, this 30th day of January, 2006, based upon the Court's detennination that Plaintiffs monthly net income/earning capacity is $2827.62 and Defendant's monthly net income/earning capacity is $4186.91 it is hereby Ordered that the Defendant pay to the Pennsylvania State Collection and Disbursement Unit, $594.00 per month payable monthly as follows: $544.00 for alimony pendente lite and $50.00 on arrears. First payment due next pay date. Arrears set at $589.57 as of January 30,2006. The effective date ofthe order is January 4,2006. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all ofthe means as provided by 23 Pa.C.S.{i 3703. Further, if the Court finds, after hearing, that the Defendant has willfully failed to comply with this Order, it may declare the Defendant in civil contempt of Court and its discretion make an appropriate Order, including, but not limited to, commitment of the Defendant to prison for a period not to exceed six months. Said money to be turned over by the P A SCDU to: Mary Golding. Payments must be made by check or money order. All checks and money orders must be made payable to P A SCDU and mailed to: P A SCDU P.O. Box 69110 Harrisburg, PA 17106-9110 Payments must include the Defendant's P ACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. cc360 . ... This Order is based upon a change in a tax tiling status for the defendant. The parties agree that the plaintiff will obtain her own vehicle isurance coverage, effective April, 2006, therefore, the defendant is given a credit in the amount of$129.00 for the months of January, February and March of this year that has been paid by him. This Order shall become final ten days after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Prothonotary for a hearing de novo before the Court. Consented: Petitioner Petitioner's Attorney Respondent Respondent's Attorney ORO: R. J. Shadday Mailed copies on: January 31 , 2006 Petitioner Respondent Samuel L. Andes, Esq. Gary L Rothschild. Esq. BY THE COURT, ~::~~~:Z,b~ Edgar B. Bayley, '\ J. (') "'" 0 = c- :~.~ -n w.... r~ ::;:J ....',,. Fii::D Z , C-' -":"f [!} ~~~y ':~ { ,) -I':) (,:J~~ -:... <:? :'jrn '-I .!:'~- ~D .- .-< II MARY L. GOLDING, Plaintiff vs. ) ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-2182 CIVIL TERM DAVID JEFFREY GOLDING, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on 17 May 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of both the filing and service of the complaint. 3. I consent to the entry of a final decree in divorce after service of a Notice of Intention to Request Entry of the Decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 330110) 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 e divorce decree is entered by the court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. API!..,,- /41 Z<::lo{.. Dated: o c :"~._, ,-: ~~ () -:n :.::! r",'\ ;-, --< I .r'" -'..'":.1 ::t' c-..) ~ '. ,~. - ~ MARY L. GOLDING, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 04 - 2182 CIVIL DAVID J. GOLDING, Defendant IN DIVORCE ORDER OF COURT AND NOW, this gti day of 1t(~ ' the proceedings aaving been 2006, the economic claims raised in resolved in accordance with a matrimonial settlement agreement dated March 21, 2006, 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, Q~~ Edgar B. Bayley, P.J. cc: .;(amuel L. Andes Attorney for Plaintiff ~y L. Rothschild Attorney for Defendant VlNVIIlASNN3d A.1.Nncn n:,\r;H38V/nJ EE :Z Wd B- AVW 900Z Ab'v'lONOH.J.OlJd 3Hl .:10 301::I:IO-G31I:I MATRIMONIAL SETTLEMENT AGREEMENT 4" . THIS AGREEMENT, made this2J--dayof fVJ'CYJ, ,2006, between MARY L. GOLDING, hereinafter referred to as "Wife" and DAVID JEFFREY GOLDING, hereinafter referred to as "Husband". WITNESSETH: WHEREAS, the parties hereto, being Husband and Wife were lawfully married on August 24, 1974 in Kane, Pennsylvania; and WHEREAS, there were two children born of the parties, both of whom have reached the age of majority; and WHEREAS, Wife moved from the marital residence on May 3, 2004; and WHEREAS, Wife has commenced an action in Divorce in the Court of Common Pleas of Cumberland County, Docketed to No. 04-2182 Civil Term (hereinafter referred to as the "Divorce Action"); and WHEREAS, diverse and unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Husband and Wife to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of each other; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estate; and 1 WHEREAS, the parties hereto, Wife being represented by Samuel L. Andes, Esquire, and Husband being represented by Gary L. Rothschild, Esquire, have each exchanged full and complete information as to the property, assets, and liabilities owned by each as requested or elected not to exchange such information as to the financial status of each party hereto. NOW THEREFORE, the parties hereto, in consideration ofthe above recitals, premises and mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant, promise and agree as follows: 1. INCORPORATION OF PREAMBLE The recitals set forth in the Preamble of this Agreement are incorporated herein and made a part hereof as if fully set forth in the body of the Agreement. 2. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS This Agreement shall not be considered to affect or bar the right of Husband and Wife to an absolute divorce on legal 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 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 or may occur subsequent to the date hereof. The parties acknowledge that their marriage is irretrievably broken and that they shall secure a mutual consent no-fault divorce pursuant to the terms of Section 3301 (c) of the Divorce Code. Each party shall execute an "Affidavit of Consent" and "Waiver of Notice of Intention To Request Entry of a Divorce Decree" upon the expiration of the mandatory ninety (90) day waiting period. 2 3. 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. 4. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE The parties agree that the terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them and specifically referenced in the Divorce Decree. 5. NON-MERGER It is the parties' intent that this Agreement does not merge with the Divorce Decree, but rather shall continue to have independent contractual significance. Each party maintains his or her contractual remedies as well as court ordered remedies as the result of the aforesaid incorporation or as otherwise provided by law or statute. Those remedies shall include, but not be limited to, damages, resulting from breach of this Agreement, specific enforcement of this Agreement and remedies pertaining to failure to comply with an Order of Court or Agreement pertaining to equitable distribution, alimony, alimony pendent lite, counsel fees and costs as set forth in the Pennsylvania Divorce Code or other similar statutes now in effect and as amended or hereinafter enacted. 6. DATE OF EXECUTION 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. 7. DISTRlBUTIONDATE 3 The transfer of property, funds, documents and/or any other thing or provided herein shaH only take place on the "distribution date" which shaH be defined as the date of execution of this Agreement unless otherwise specified herein. 8. FINANCIAL DISCLOSURE The parties confirm that each has relied on the accuracy of the financial disclosure, to the extent requested by the other party, as an inducement to the execution of this Agreement. 9. SEPARATION Husband and Wife shall at aH times hereafter have the right to live separate and apart from each other and to reside from time to time at such place or places as they respectively deem fit, free from any control, restraint, or interference whatsoever by the other. Neither party shaH molest the other or endeavor to compel the other to cohabit or dweH with him or her by any legal or other proceeding. The foregoing provision shaH not be taken to be an admission on the part of either Husband or Wife ofthe lawfulness or unlawfulness of the causes leading to their living apart. 10. DIVISION OF BANK ACCOUNTS AND BROKERAGE ACCOUNTS The parties hereto mutuaHy covenant, acknowledge and agree that they have separated their [mancial accounts to their mutual satisfaction and each agrees to the foHowing: A. Husband shaH receive and be the sole owner of: i) Husband's CFECU account; ii) The parties' mortgage escrow account, and iii) AH savings accounts, savings bonds and bank accounts in Husband's name alone, or any joint bank accounts with Citizens Bank, except those listed in sub-paragraph 10 B. belpw. B. Wife shaH receive and be the sole owner of: i) Wife's Citizen's Bank money market account; 4 ii) Wife's Common Cents Investment Club account/interest; iii) Wife's Commerce Bank checking account, and iv) Any savings accounts, savings bonds and bank accounts in Wife's name alone. The parties hereto mutuaHy covenant, acknowledge and agree that any monies, interest or dividends received subsequent to the execution of this agreement shaH be the property of the party receiving the asset from which the payment, interest or dividend arose. The parties hereto mutuaHy covenant, acknowledge and agree that any bank/credit union accounts or brokerage accounts not identified in this paragraph, which is held solely in individual - names, shaH become the sole and separate property of the party in whose name it is registered. Each party does hereby specifically waive, release, renounce and forever abandon whatever right, title, interest or claim he/she may have in the other party's respective accounts as weH as those listed in this paragraph. 11. DIVISION OF AUTOMOBILES. A. Division of Automobiles. The parties acknowledge that they are the owners of two automobiles. The parties agree to the foHowing division of the automobiles: (i) The 1996 Chevrolet Lumina shall become the sole and exclusive property of Wife. The parties acknowledge that there is no outstanding loan on this vehicle. (ii) The 2000 Chevrolet Blazer shaH become the sole and exclusive property of Husband. The parties acknowledge that there is no outstanding loan on this vehicle. B. Transfer of Ownership. The parties agree to execute the titles or assignments of lease agreements to the aforesaid vehicle, if appropriate, to effectuate the transfer as herein 5 provided within thirty (30) days of the execution of this Agreement and said transfers shall be accomplished by the parties meeting at AAA and utilizing Wife's membership at AAA to make the necessary transfers. The transfers shaH be accomplished prior to the issuance ofthe Divorce Decree. The parties agree to equaHy share in the costs, if any, of said transfers. For the purposes ofthis Paragraph the term "title" shall be deemed to include a "Limited Power of Attorney" if the title or lease agreement to the vehicle is unavailable due to financing arrangements or otherwise. C. Inderrmification. In the event any vehicle is subject to a lien, encumbrance, lease or other indebtedness the party receiving said vehicle as his or her property shall (i) take it subject to said lien, encumbrance, lease or other indebtedness; (ii) shall be solely responsible therefore and (iii) agrees to indenmify, protect and save the other party harmless from said lien, encumbrance, lease or other indebtedness. Each ofthe parties hereto does specificaHy waive, release, renounce and forever abandon whatever right, title and interest he or she may have in the vehicle(s) that shall become the sole and separate property of the other pursuant to the terms of this Paragraph. The parties acknowledge they know of no liens, encumbrances, leases or other indebtedness to which any of the aforementioned vehicles is subject to, except those liens, etc. set forth in this Paragraph. 12. PERSONAL PROPERTY The parties hereto mutually agree that they have divided all furniture, household furnishings, appliances and other household personal property between them in a manner agreeable to both parties, except that I) Wife shaH receive those items listed in Exhibit "A" attached hereto, 2) Wife shall provide Husband with color photo quality copies of all wedding pictures and all son's graduation pictures, of a size of 5" by 7" or larger. Said transfers, as referred in items 1) and 2) of this paragraph 12 shall be accomplished within thirty (30) days of execution 6 of this Agreement. AdditionaHy, Husband agrees to reimburse Wife for one-half of the costs incurred to provide Husband with the items included within item 2) ofthis paragraph 12. Except as set forth herein, the parties also mutuaHy agree that each party shaH from and after the date of this Agreement be the sole and separate owner of all tangible personal property in his or her possession. 13. LINCOLN ANNUITIES The parties acknowledge that during the marriage each party accumulated monies in Lincoln financial Annuities. With regard to such benefits, accounts and assets, the parties agree that Wife shall receive and be entitled to Wife's entire Lincoln Financial Annuity. The parties further agree that Husband shall roHover the sum of Seventy-Two Thousand five Hundred ($ 72,500.00) Dollars, from Husband's Lincoln Financial Annuity, to a tax-deferred account, in Wife's name alone. Except for said rollover, Husband shaH receive and be entitled to the remainder of Husband's Lincoln Financial Annuity and aH increases or other changes to said Annuity. Except as may otherwise be provided herein, each of the parties does specificaHy waive, release, renounce and forever abandon all of his or her right, title, interest or claim, whatever it may be in the Lincoln financial Annuity of the other retirement plans separately stated in this paragraph as well as any Pension Plan, Retirement Plan and hereafter said Annuity shaH become the sole and separate property of the party named therein. The party receiving the Annuity shall be responsible for any and all taxes imposed upon withdrawal of the Annuity. The parties agree that they shall share equally in the costs incurred in the preparation of a Qualified Domestic Relations Order, should such a document be necessary. The parties agree to hire a company that regularly prepares QDRO for the preparation of the QDRO rather than either parties' counsel. Each party shaH be responsible for their own legal fees for the review or modification of the QDRO. The parties agree to cooperate in 7 the preparation of the QDRO and to promptly take aH steps necessary to accomplish the transfer of Wife's portion of the Annuity. 14. RETIREMENT BENEFITS. ASSETS AND PLANS The parties acknowledge that, as a result of their employment prior to and during the marriage, each party has accumulated retirement benefits, including, but not limited to, Husband's pension with Gannett Fleming, Husband's 401 (k) with Gannett Fleming, and Wife's share of a profit sharing plan received through Wife's employer, Andrews & Patel Associates, P .C. The parties acknowledge that they have exchanged full information about the above- referenced benefits, had them examined and valued by experts, or elected to voluntarily waive exchanging such information and/or such valuation, and have reached agreement upon the distribution of those assets in the future. With regard to such benefits, accounts and assets, the parties agree that Wife shall receive and be entitled to any and all retirement benefits, deferred compensation accounts, 401(k) accounts, 403(b) accounts, individual retirement accounts, or other retirement accounts now, or in the future, in her name or eamed by her through her employment. Husband shaH receive and be entitled to all retirement benefits, deferred compensation accounts, Keogh, 401 (k) accounts, 403(b) accounts, individual retirement accounts or other retirement assets now, or in the future, in his name or earned by him through his employment. Except as may otherwise be provided herein, each ofthe parties does specifically waive, release, renounce and forever abandon aH of his or her right, title, interest or claim, whatever it may be in the retirement plans separately stated in this paragraph as well as any Pension Plan, Retirement Plan, Profit Sharing Plan, 40 I (k) Plan, Keogh Plan, Stock Plan, Tax Deferred Savings Plan and/or any other employee benefit plan of the other party (coHectively referred to as "Employee Benefit Plans") and hereafter said Employee Benefit Plans shall become the sole and 8 separate property of the party named in the Employee Benefit Plans or through whose employment said Employee Benefit Plans are carried. The party receiving the retirement account shall be responsible for any and all outstanding loans associated with the account. 15. REAL PROPERTY-MARITAL RESIDENCE. The parties hereto mutually covenant and agree that the real estate they own jointly, as tenants by the entireties, and being known and numbered as I 107 East Powderhorn Road, Mechanicsburg, Pennsylvania, (bereinafter referred to as the "marital residence") was acquired during the marriage. The parties agree that the marital residence shall be sold and the net proceeds divided as follows: a) Wife shal1 receive sixty (60%) percent of the "net proceeds" as defined herein from the sale of the residence. b) The net proceeds shal1 be defmed and calculated as follows: Gross Sales Price Less: normal sel1er's settlement charges Less: the outstanding mortgage balance as of March 25,2004 which is hereby stipulated to be $ 116,129.00 Less: the outstanding balance on the home equity loan, as agreed by the parties, of$ 34,661.36. c) The remaining net proceeds shall be paid to Husband. The marital residence is subject to a mortgage with Citizen's Bank, with an outstanding balance of approximately $ 110,000.00 (hereinafter referred to as "the mortgage"). Husband agrees to continue making the monthly payments on the mortgage until the residence is sold. 9 The marital residence is subject to an equity loan with Citizen's Bank with an outstanding balance of approximately $ 38,769.73 (hereinafter referred to as "the equity loan"). Husband agrees to continue making monthly payments on the equity loan until the residence is sold. The parties agree that Husband need not make any principal payments on the equity loan, other than the payment required in subparagraph 15 b) of this Agreement, but may simply make interest only payments on the equity loan as they become due on a monthly basis. Husband agrees that he shall cooperate with all real estate agents and prospective purchasers to make the house reasonably available to them for inspection and shall keep and maintain the house in good and clean order so that it makes a good appearance for any showings to prospective purchasers or real estate agents and both parties agree that they will cooperate with real estate agents, prospective purchasers, and others to complete the sale of the property as promptly as possible after the date of this agreement. The parties agree to choose Keith Sealover as the realtor to assist them in listing and selling the marital residence and that they shall be guided by their realtor and other available resources in determining the listing price of the residence and whether an offer should be accepted. Should the property not sell within six (6) months of the initial listing the parties wil1 consider listing the property with another Realtor or selling the property at auction, but, at the expiration of the initial six (6) month listing, either party may Petition the Court to seek Court invention to supervise and assist in the sale of the marital residence. The parties agree that they shall not refuse any reasonable offer presented for the purchase of the marital residence. For the purposes of this Agreement, a reasonable offer shal1 be deemed an offer equal to or in excess of ninety- five (95%) percent of the original listing price with Mr. Sealover. 10 The parties agree to share equal1y in the cost of any reasonable repairs, modifications or other expenses necessary for the sale of the residence, provided the approval of both parties has been obtained prior to the repair being incurred, said approvals not to be unreasonably withheld. The parties acknowledge that they know of no mortgages, liens, encumbrances or other indebtedness to which the marital residence is subject to, except those mortgages, liens, encumbrances or other indebtedness set forth in this Paragraph. 16. INSURANCE POLICIES The parties acknowledge that, Husband and Wife may have one or more life insurance policies. With regard to any such insurance policies, the parties agree that Husband shal1 receive and be entitled to the value of his insurance policies, including, but not limited to Husband's variable universal life insurance policy with Lincoln Financial (policy number 23-07927 I 90) and Wife shall receive and be entitled to the value of her insurance policies. Except as may otherwise be provided herein, each of the parties does specifically waive, release, renounce and forever abandon al1 of his or her right, title, interest or claim, whatever it may be in the insurance policies separately stated in this paragraph and hereafter said insurance policies shal1 become the sole and separate property of the party named as the owner therein. The party receiving the insurance policy shall be responsible for any and al1 outstanding loans associated with said policy. 17. ALIMONY PENDENTE LITE Wife is currently receiving alimony pendente lite (hereafter referred to as "APL") in the amount of$ 544.00, plus $ 50.00 on arrears, per month, under PACSES No. 978106773. Upon the issuance of the final decree in divorce said APL award shall be converted to alimony. Upon the distribution of the proceeds of the sale of the marital residence Husband's obligation to pay APL and alimony shall cease. All future obligations shall cease upon the distribution of the 11 proceeds of the sale of the marital residence, however, any arrearages existing at the time of the sale of the marital residence shall survive this Agreement and shall be paid in ful1 by the obligated party within thirty (30) days of the sale of the marital residence. Said APL and Alimony payments shall terminate upon the fol1owing occurrence, whichever occurs first: 1) the death of Wife; 2) Wife's remarriage, 3) Wife's cohabitation with a member ofthe opposite sex or 4) the distribution of the proceeds of the sale of the marital residence. The parties agree that said APL and Alimony payments shall be includable in Wife's income under Section 71 of the Intemal Revenue Code and deductible, to the extent permitted by the Internal Revenue Service, from Husband's income for tax purposes under Section 215 of the Internal Revenue Code. 18. MISCELLANEOUS PROPERTY All marital property not otherwise mentioned in this Agreement shall be hereafter owned by the party to whom the property is titled; and if untitled, by the party in possession. This Agreement shal1 constitute a sufficient Bill Of Sale to evidence the transfer of any and all rights in such property from each party to the other. 19. DEBTS The parties acknowledge that, other than the debts indicated in paragraph 15. (mortgage and equity loan on the marital residence) they have no other joint debts. Husband acknowledges that he has or may have individual credit cards in his name alone, including a Sears credit card, and that he pays off the outstanding balances of all said cards as they become due or shall continue to make all required monthly payments on said cards until the balance is paid in full. Wife acknowledges that she has or may have individual credit cards in her name alone and that she pays off the outstanding balances of all said cards as they become due. 12 Except as stated herein, each party agrees to be solely responsible and liable for hislher debts in their individual names, as set forth above. Except as stated herein, each party agrees to pay their debts as the same become( s) due, and to inderrmify and hold the other party and his or her property harmless for any and al1 such debts, obligations and liabilities. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and each agrees to pay it as the same become( s) due, and to inderrmify and hold the other party and his or her property harmless for any and all such debts, obligations and liabilities. From the date of the execution ofthis Agreement, each party shall use only those credit cards and accounts for which that party is individual1y liable and the parties agree to not use any credit card or other debt instrument for which the parties have joint liability or any potential liability . The parties agree to cooperate in closing any remaining accounts which provide for joint liability. 20. BA}UCRUPTCY It is hereby understood and agreed by and between the parties that their obligations pursuant to this agreement shall not be affected by any bankruptcy proceeding and shall not be deemed to constitute or be a dischargeable debt of bankruptcy. Both parties warrant that he/she has not heretofore instituted any proceedings pursuant to the bankruptcy laws nor are there any such proceedings pending with respect to himlher which have been initiated by others. Should either party file for bankruptcy and attempt to discharge any debts for which that party has been encumbered or agreed to pay, under this agreement, the decision as to whether or not said debts may be discharged shall rest with the Cumberland County Court of Common Pleas and the parties hereto acknowledge that said Court shall have exclusive jurisdiction to render this decision. 21. LEGAL FEES. COSTS AND EXPENSES 13 Wife acknowledges that she has been represented in this matter by Samuel L. Andes, Esquire and Husband acknowledges that he has been represented by Gary L. Rothschild, Esquire in this matter. The parties acknowledge and agree that each shal1 be responsible for the payment of the fees owed to their respective attorney. Husband and Wife do hereby waive, release and give up any rights which they may have against the other for payment of counsel fees. The parties acknowledge and agree that each shall be responsible for the payment of any and al1 costs and expenses incurred by that party. Husband and Wife do hereby waive, release and give up any rights which they may have against the other for payment of costs and expenses. 22. RETAKING OF MAIDEN NAME Wife hereby agrees to file all necessary documents to effectuate the retaking of her maiden name within thirty (30) days of the issuance of a Decree in Divorce and to forward documentation to Husband of her timely retaking of her maiden name. 23. OTHER WRITINGS Each of the parties hereto agree to execute any and all documents, deeds, bills of sale or other writings necessary to carry out the intent and language of this Agreement. 24. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS Each party understands that he or she had the right to obtain from the other party a complete inventory or list of al1 of the property that either or both parties owned at the time of separation and at the time and/or owned at this time and that each party had the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have the right to have a court hold hearings and make decisions on the matters covered by this Agreement. Both parties understand that a court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. 14 Each party hereby acknowledges that this Agreement is fair and equitable, that it adequately provides for his or her needs and is in his or her best interests, and that the Agreement is not the result of any fraud, duress, or undue influence exercised by either party upon the other or by any other person or persons upon either party. Both parties hereby waive the fol1owing procedural rights: A. The right to obtain an inventory and appraisement of all marital and non- marital property as defined by the Pennsylvania Divorce Code. B. The right to obtain an income and expense statement ofthe other party as provided by the Pennsylvania Divorce Code. C. The right to have property identified and appraised. D. The right to discovery as provided by the Pennsylvania Rules of Civil Procedure. E. The right to have the court determine which property is marital and which is non-marital, and equitably divide and distribute between the parties that property which the court determines to be marital, and to set aside to a party that property which the court determines to be that parties' non-marital property. F. The right to have the court decide any other rights, remedies, privileges, or obligations covered by this Agreement and/or arising out of the marital relationship, including but not limited to possible claims for divorce, child support, spousal support, alimony, alimony pendente lite (temporary alimony), equitable distribution, custody, visitation, counsel fees, costs and expenses. 25. FURTHER DEBT 15 Wife agrees that she shall not contract or incur any debt or liability for which Husband or his property or estate might be responsible and shal1 inderrmify and save Husband harmless from any and all claims or demands made against Husband by reason of debts or obligations incurred by Wife. 26. FURTHER DEBT Husband agrees that he shal1 not contract or incur any debt or liability for which Wife or her property or estate might be responsible and shal1 inderrmify and save Wife harmless from any and all claims or demands made against Wife by reason of debts or obligations incurred by Husband. 27. MUTUAL RELEASE Except as otherwise provided herein and so long as this Agreement is not modified or canceled by subsequent Agreement, the parties hereby release and discharge absolutely and forever each other from any and al1 rights, claims and demands, past, present and future, including, but not limited to the fol1owing: spousal support, alimony, alimony pendente lite, division of property, claims or rights of dower and right to live in the marital home, right to act as executor or administrator of the other's estate, rights as devisee or legatee in the Last Will and Testament of the other, any claim or right as beneficiary in any life insurance policy of the other and any claim or right in the distributive share or intestate share of the other parties' estate. The parties agree to contribute equally for any tax, interest or penalties which cannot be attributed to one of the parties. 28. TAX RETURNS The parties have filed joint tax returns for years prior to tax year 2004. They each represent to the other that they have accurately reported their income and deductions in those returns. However, in the event that either parties is assessed additional income tax, penalty or interest as a 16 result of any incomplete or inaccurate information in any of those joint returns, the parties agree that the party whose incomplete or inaccurate information results in an increase in tax, penalty or interest shall be solely responsible for the payment of said additional tax, penalty or interest and the cost of resolving such matters and shall further indemnify and save harmless the other from any loss, cost or expense reasonably incurred by the other as a result of such incomplete or inaccurate information. Should additional tax, penalty or interest be assessed due to incomplete or inaccurate information not attributable specifically to either party then said additional tax, penalty or interest shall be shared equally by the parties. 29. FINAL EOUITABLE DISTRIBUTION OF PROPERTY The parties agree that the division of all property set forth in this Agreement is equitable and both parties relinquish the right to divide said property in any manner not consistent with the terms set forth herein. It is further the intent, understanding and agreement of the parties that this Agreement is a full, final, complete and equitable property division. 30. ENTIRE AGREEMENT This Agreement constitutes the entire understanding between the parties, and there are no covenants, conditions, representations or agreements, oral or written, of any nature whatsoever, other than those contained herein. 31. LEGALLY BINDING It is the intent of the parties hereto to be legally bound hereby and this Agreement shall bind the parties hereto and their respective heirs, executors, administrators and assigns. 32. BREACH AND COSTS TO ENFORCE In the event that either party defaults in the performance of any duties or obligations required by the terms of this Agreement and either extra-judicial or judicial proceedings are commenced to enforce such duty or obligation, then the party found to be in default shall be liable 17 for al1 expenses of curing the default, including, but not limited to reasonable attorneys' fees, court costs and expenses. 33. AGREEMENT ENTERED INTO VOLUNTARILY AND AGREEMENT CLEARLY UNDERSTOOD Each party to this Agreement acknowledges and declares that he or she respectively: A. Has carefully read each paragraph and each provision of this Agreement; B. Has given careful and mature thought to the making of this Agreement; C. Is fully and completely informed as to the facts relating to the subject matter of this Agreement, including the parties' assets and liabilities, or elected to waive obtaining such information; D. Has reviewed this Agreement with hislher counsel and received guidance as to his/ber rights and obligations under this Agreement; E. Enters into this Agreement voluntarily after receiving the advice of independent counsel; and F. Fully and completely understands each provision of this Agreement, both as to the subject matter and legal effect. 34. AMENDMENT OR MODIFICATION This Agreement may only be amended or modified by a written instrument signed by both parties. 35. SEVERABILITY If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet his 18 or her obligations or duties under this Agreement or anyone or more of the paragraphs of this Agreement, with the exception of the satisfaction of any conditions precedent, shal1 in no way void or alter the remaining obligations or duties ofthe parties. 36. LAW APPLICABLE This Agreement shall be govemed, construed and enforced under the statutes and case law of the Commonwealth of Pennsylvania. 37. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the paragraphs and subparagraphs herein are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. BY SIGNING THIS AGREEMENT, EACH PARTY ACKNOWLEDGES HAVING READ AND UNDERSTOOD THE ENTIRE AGREEMENT, AND EACH PARTY ACKNOWLEDGES THAT THE PROVISIONS OF THIS AGREEMENT SHALL BE AS BINDING UPON THE PARTIES AS IF THEY WERE ORDERED BY THE COURT AFTER A FULL HEARING. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first written above. c:rza MARY L " ~~'1U?- tn~ ') GOLDING ("Husband") 19 . COMMONWEALTH OF PENNSYL VANIA COUNTY OF ~D..J\.CL... SS On this, the l-p=h day of Jjp;UJl 2006, before me, a Notary Public in and for the State and County aforesaid, the undersigned officer, personally appeared MARY L. GOLDING, known to me (or satisfactorily proven) to be the person described in the foregoing instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~~tuw (SEAL) Notary Pu NOTAAlALSl!AL NIt M,1WlICINS, NOTMY PIalC U!IIO'INE 1lOIlO.. Cl~' IUND IIYctlrlT~8lONElCI'lllElIFEB. .. COMMONWEALTH OF PENNSYLVANIA \) Pru' P/f/N SS COUNTY OF On this, the 'jJ U day of /1Hci-l 2006, before me, a Notary Public in and for the State and County aforesaid, the undersigned officer, personally appeared DAVID JEFFREY GOLDING, known to me (or satisfactorily proven) to be the person described in the foregoing instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH ~F PENNSYLVANIA NOT AR, cAl MINDY S. GOODI,Li, "iI'Il'V Public City of HarrisbufS. Udl.f:~0Uf!;y My Commisslun E>;~,lf~S K<!>.."t'2/.1.0@ '\. . <:::::' ( .' ...'-~~ 0 ::k>,',,>:- Notary Public (SEAL) 20 . MATRIMONIAL SETTLEMENT AGREEMENT BETWEEN MARY L. GOLDING and DAVID JEFFREY GOLDING EXHIBIT A ITEMS TO BE RECEIVED BY WIFE 1) Coffee Maker (BUN) previously owned by Wife's mother; 2) Hand held weights (plastic coated); 3) Travel case for golf clubs; 4) Brass headboard; 5) Portion ofthe holiday and seasonal items; 6) Tools previously owned by Wife's father; 7) Wife's mother's sled-shaped Christmas tree stand; 8) Wife's father's air rifle; 9) Card table with four (4) chairs; 10) Cookbooks, and 11) Wife's father's electric leaf blower. 21 MATRIMONIAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this 2J ~ay of f'v7cvJ, , 2006, between MARY L. GOLDING, hereinafter referred to as "Wife" and DAVID JEFFREY GOLDING~er~fteb .... ,;:~ -n t:,c {'''''' referred to as "Husband". (; ~ ;:F,:n ::..:: .' r- -z,m -'9 WITNESSETH: 0"> (:) 0 :.-l',i " . .L--,] r'-', ~ ~2 c~ WHEREAS, the parties hereto, being Husband and Wife were lawfully maffil;'d on~u~rn L ';. ~ ,..,::...- :"0 o .< 24,1974 in Kane, Pennsylvania; and ~~ -.I WHEREAS, there were two children born of the parties, both of whom have reached the age ofmajority; and WHEREAS, Wife moved from the marital residence on May 3, 2004; and WHEREAS, Wife has commenced an action in Divorce in the Court of Common Pleas of Cumberland County, Docketed to No. 04-2182 Civil Term (hereinafter referred to as the "Divorce Action"); and WHEREAS, diverse and unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Husband and Wife to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of each other; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estate; and 1 WHEREAS, the parties hereto, Wife being represented by Samuel L. Andes, Esquire, and Husband being represented by Gary L. Rothschild, Esquire, have each exchanged full and complete information as to the property, assets, and liabilities owned by each as requested or elected not to exchange such information as to the financial status of each party hereto. NOW THEREFORE, the parties hereto, in consideration of the above recitals, premises and mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant, promise and agree as follows: 1. INCORPORATION OF PREAMBLE The recitals set forth in the Preamble ofthis Agreement are incorporated herein and made a part hereof as if fully set forth in the body of the Agreement. 2. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS This Agreement shall not be considered to affect or bar the right of Husband and Wife to an absolute divorce on legal 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 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 or may occur subsequent to the date hereof. The parties acknowledge that their marriage is irretrievably broken and that they shall secure a mutual consent no-fault divorce pursuant to the terms of Section 3301 (c) of the Divorce Code. Each party shall execute an "Affidavit of Consent" and "Waiver of Notice of Intention To Request Entry of a Divorce Decree" upon the expiration of the mandatory ninety (90) day waiting period. 2 3. 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. 4. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE The parties agree that the terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them and specifically referenced in the Divorce Decree. 5. NON-MERGER It is the parties' intent that this Agreement does not merge with the Divorce Decree, but rather shall continue to have independent contractual significance. Each party maintains his or her contractual remedies as well as court ordered remedies as the result ofthe aforesaid incorporation or as otherwise provided by law or statute. Those remedies shall include, but not be limited to, damages, resulting from breach of this Agreement, specific enforcement of this Agreement and remedies pertaining to failure to comply with an Order of Court or Agreement pertaining to equitable distribution, alimony, alimony pendent lite, counsel fees and costs as set forth in the Pennsylvania Divorce Code or other similar statutes now in effect and as amended or hereinafter enacted. 6. DATE OF EXECUTION 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. 7. DISTRIBUTION DATE 3 The transfer of property, funds, documents and/or any other thing or provided herein shall only take place on the "distribution date" which shall be defined as the date of execution of this Agreement unless otherwise specified herein. 8. FINANCIAL DISCLOSURE The parties confirm that each has relied on the accuracy ofthe financial disclosure, to the extent requested by the other party, as an inducement to the execution of this Agreement. 9. SEPARATION Husband and Wife shall at all times hereafter have the right to live separate and apart from each other and to reside from time to time at such place or places as they respectively deem fit, free from any control, restraint, or interference whatsoever by the other. Neither party shall molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceeding. The foregoing provision shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness or unlawfulness of the causes leading to their living apart. 10. DIVISION OF BANK ACCOUNTS AND BROKERAGE ACCOUNTS The parties hereto mutually covenant, acknowledge and agree that they have separated their financial accounts to their mutual satisfaction and each agrees to the following: A. Husband shall receive and be the sole owner of: i) Husband's CFECU account; ii) The parties' mortgage escrow account, and iii) All savings accounts, savings bonds and bank accounts in Husband's name alone, or any joint bank accounts with Citizens Bank, except those listed in sub-paragraph 10 B. belpw. B. Wife shall receive and be the sole owner of : i) Wife's Citizen's Bank money market account; 4 ii) Wife's Common Cents Investment Club account/interest; iii) Wife's Commerce Bank checking account, and iv) Any savings accounts, savings bonds and bank accounts in Wife's name alone. The parties hereto mutually covenant, acknowledge and agree that any monies, interest or dividends received subsequent to the execution ofthis agreement shall be the property of the party receiving the asset from which the payment, interest or dividend arose. The parties hereto mutually covenant, acknowledge and agree that any bank/credit union accounts or brokerage accounts not identified in this paragraph, which is held solely in individual - names, shall become the sole and separate property of the party in whose name it is registered. Each party does hereby specifically waive, release, renounce and forever abandon whatever right, title, interest or claim he/she may have in the other party's respective accounts as well as those listed in this paragraph. 11. DIVISION OF AUTOMOBILES. A. Division of Automobiles. The parties acknowledge that they are the owners of two automobiles. The parties agree to the following division of the automobiles: (i) The 1996 Chevrolet Lumina shall become the sole and exclusive property of Wife. The parties acknowledge that there is no outstanding loan on this vehicle. (ii) The 2000 Chevrolet Blazer shall become the sole and exclusive property of Husband. The parties acknowledge that there is no outstanding loan on this vehicle. B. Transfer of Ownershin. The parties agree to execute the titles or assignments of lease agreements to the aforesaid vehicle, if appropriate, to effectuate the transfer as herein 5 provided within thirty (30) days of the execution of this Agreement and said transfers shall be accomplished by the parties meeting at AAA and utilizing Wife's membership at AAA to make the necessary transfers. The transfers shall be accomplished prior to the issuance of the Divorce Decree. The parties agree to equally share in the costs, if any, of said transfers. For the purposes of this Paragraph the term "title" shall be deemed to include a "Limited Power of Attorney" ifthe title or lease agreement to the vehicle is unavailable due to financing arrangements or otherwise. C. Inderrmification. In the event any vehicle is subject to a lien, encumbrance, lease or other indebtedness the party receiving said vehicle as his or her property shall (i) take it subject to said lien, encumbrance, lease or other indebtedness; (ii) shall be solely responsible therefore and (iii) agrees to indemnify, protect and save the other party harmless from said lien, encumbrance, lease or other indebtedness. Each of the parties hereto does specifically waive, release, renounce and forever abandon whatever right, title and interest he or she may have in the vehicle( s) that shall become the sole and separate property of the other pursuant to the terms of this Paragraph. The parties acknowledge they know of no liens, encumbrances, leases or other indebtedness to which any of the aforementioned vehicles is subject to, except those liens, etc. set forth in this Paragraph. 12. PERSONAL PROPERTY The parties hereto mutually agree that they have divided all furniture, household furnishings, appliances and other household personal property between them in a manner agreeable to both parties, except that 1) Wife shall receive those items listed in Exhibit "A" attached hereto, 2) Wife shall provide Husband with color photo quality copies of all wedding pictures and all son's graduation pictures, of a size of 5" by 7" or larger. Said transfers, as referred in items I) and 2) of this paragraph 12 shall be accomplished within thirty (30) days of execution 6 of this Agreement. Additionally, Husband agrees to reimburse Wife for one-half of the costs incurred to provide Husband with the items included within item 2) ofthis paragraph 12. Except as set forth herein, the parties also mutually agree that each party shall from and after the date of this Agreement be the sole and separate owner of all tangible personal property in his or her possession. 13. LINCOLN ANNUITIES The parties acknowledge that during the marriage each party accumulated monies in Lincoln Financial Annuities. With regard to such benefits, accounts and assets, the parties agree that Wife shall receive and be entitled to Wife's entire Lincoln Financial Annuity. The parties further agree that Husband shall rollover the sum of Seventy-Two Thousand Five Hundred ($ 72,500.00) Dollars, from Husband's Lincoln Financial Annuity, to a tax-deferred account, in Wife's name alone. Except for said rollover, Husband shall receive and be entitled to the remainder of Husband's Lincoln Financial Annuity and all increases or other changes to said Annuity. Except as may otherwise be provided herein, each of the parties does specifically waive, release, renounce and forever abandon all of his or her right, title, interest or claim, whatever it may be in the Lincoln Financial Annuity of the other retirement plans separately stated in this paragraph as well as any Pension Plan, Retirement Plan and hereafter said Annuity shall become the sole and separate property of the party named therein. The party receiving the Annuity shall be responsible for any and all taxes imposed upon withdrawal of the Annuity. The parties agree that they shall share equally in the costs incurred in the preparation of a Qualified Domestic Relations Order, should such a document be necessary. The parties agree to hire a company that regularly prepares QDRO for the preparation of the QDRO rather than either parties' counsel. Each party shall be responsible for their own legal fees for the review or modification of the QDRO. The parties agree to cooperate in 7 the preparation of the QDRO and to promptly take all steps necessary to accomplish the transfer of Wife's portion of the Annuity. 14. RETIREMENT BENEFITS. ASSETS AND PLANS The parties acknowledge that, as a result of their employment prior to and during the marriage, each party has accumulated retirement benefits, including, but not limited to, Husband's pension with Gannett Fleming, Husband's 401(k) with Gannett Fleming, and Wife's share ofa profit sharing plan received through Wife's employer, Andrews & Patel Associates, P.C. The parties acknowledge that they have exchanged full information about the above- referenced benefits, had them examined and valued by experts, or elected to voluntarily waive exchanging such information and/or such valuation, and have reached agreement upon the distribution of those assets in the future. With regard to such benefits, accounts and assets, the parties agree that Wife shall receive and be entitled to any and all retirement benefits, deferred compensation accounts, 401 (k) accounts, 403(b) accounts, individual retirement accounts, or other retirement accounts now, or in the future, in her name or earned by her through her employment. Husband shall receive and be entitled to all retirement benefits, deferred compensation accounts, Keogh, 401(k) accounts, 403(b) accounts, individual retirement accounts or other retirement assets now, or in the future, in his name or earned by him through his employment. Except as may otherwise be provided herein, each of the parties does specifically waive, release, renounce and forever abandon all of his or her right, title, interest or claim, whatever it may be in the retirement plans separately stated in this paragraph as well as any Pension Plan, Retirement Plan, Profit Sharing Plan, 401(k) Plan, Keogh Plan, Stock Plan, Tax Deferred Savings Plan and/or any other employee benefit plan of the other party (collectively referred to as "Employee Benefit Plans") and hereafter said Employee Benefit Plans shall become the sole and 8 separate property of the party named in the Employee Benefit Plans or through whose employment said Employee Benefit Plans are carried. The party receiving the retirement account shall be responsible for any and all outstanding loans associated with the account. 15. REAL PROPERTY-MARITAL RESIDENCE. The parties hereto mutually covenant and agree that the real estate they own jointly, as tenants by the entireties, and being known and numbered as 1107 East Powderhorn Road, Mechanicsburg, Pennsylvania, (hereinafter referred to as the "marital residence") was acquired during the marriage. The parties agree that the marital residence shall be sold and the net proceeds divided as follows: a) Wife shall receive sixty (60%) percent of the "net proceeds" as defined herein from the sale of the residence. b) The net proceeds shall be defined and calculated as follows: Gross Sales Price Less: normal seller's settlement charges Less: the outstanding mortgage balance as of March 25, 2004 which is hereby stipulated to be $ 116,129.00 Less: the outstanding balance on the home equity loan, as agreed by the parties, of$ 34,661.36. c) The remaining net proceeds shall be paid to Husband. The marital residence is subject to a mortgage with Citizen's Bank, with an outstanding balance of approximately $ 110,000.00 (hereinafter referred to as "the mortgage"). Husband agrees to continue making the monthly payments on the mortgage until the residence is sold. 9 The marital residence is subject to an equity loan with Citizen's Bank with an outstanding balance of approximately $ 38,769.73 (hereinafter referred to as "the equity loan"). Husband agrees to continue making monthly payments on the equity loan until the residence is sold. The parties agree that Husband need not make any principal payments on the equity loan, other than the payment required in subparagraph 15 b) of this Agreement, but may simply make interest only payments on the equity loan as they become due on a monthly basis. Husband agrees that he shall cooperate with all real estate agents and prospective purchasers to make the house reasonably available to them for inspection and shall keep and maintain the house in good and clean order so that it makes a good appearance for any showings to prospective purchasers or real estate agents and both parties agree that they will cooperate with real estate agents, prospective purchasers, and others to complete the sale of the property as promptly as possible after the date of this agreement. The parties agree to choose Keith Sealover as the realtor to assist them in listing and selling the marital residence and that they shall be guided by their realtor and other available resources in determining the listing price of the residence and whether an offer should be accepted. Should the property not sell within six (6) months of the initial listing the parties will consider listing the property with another Realtor or selling the property at auction, but, at the expiration of the initial six (6) month listing, either party may Petition the Court to seek Court invention to supervise and assist in the sale of the marital residence. The parties agree that they shall not refuse any reasonable offer presented for the purchase of the marital residence. For the purposes of this Agreement, a reasonable offer shall be deemed an offer equal to or in excess of ninety-five (95%) percent of the original listing price with Mr. Sealover. 10 The parties agree to share equally in the cost of any reasonable repairs, modifications or other expenses necessary for the sale of the residence, provided the approval of both parties has been obtained prior to the repair being incurred, said approvals not to be unreasonably withheld. The parties acknowledge that they know of no mortgages, liens, encumbrances or other indebtedness to which the marital residence is subject to, except those mortgages, liens, encumbrances or other indebtedness set forth in this Paragraph. 16. INSURANCE POLICIES The parties acknowledge that, Husband and Wife may have one or more life insurance policies. With regard to any such insurance policies, the parties agree that Husband shall receive and be entitled to the value of his insurance policies, including, but not limited to Husband's variable universal life insurance policy with Lincoln Financial (policy number 23-07927190) and Wife shall receive and be entitled to the value of her insurance policies. Except as may otherwise be provided herein, each of the parties does specifically waive, release, renounce and forever abandon all of his or her right, title, interest or claim, whatever it may be in the insurance policies separately stated in this paragraph and hereafter said insurance policies shall become the sole and separate property of the party named as the owner therein. The party receiving the insurance policy shall be responsible for any and all outstanding loans associated with said policy. 17. ALIMONY PENDENTE LITE Wife is currently receiving alimony pendente lite (hereafter referred to as "APL") in the amount of$ 544.00, plus $ 50.00 on arrears, per month, under PACSES No. 978106773. Upon the issuance of the final decree in divorce said APL award shall be converted to alimony. Upon the distribution ofthe proceeds of the sale of the marital residence Husband's obligation to pay APL and alimony shall cease. All future obligations shall cease upon the distribution of the 11 proceeds of the sale of the marital residence, however, any arrearages existing at the time of the sale ofthe marital residence shall survive this Agreement and shall be paid in full by the obligated party within thirty (30) days of the sale of the marital residence. Said APL and Alimony payments shall terminate upon the following occurrence, whichever occurs first: 1) the death of Wife; 2) Wife's remarriage, 3) Wife's cohabitation with a member of the opposite sex or 4) the distribution of the proceeds of the sale ofthe marital residence. The parties agree that said APL and Alimony payments shall be includable in Wife's income under Section 71 of the Internal Revenue Code and deductible, to the extent permitted by the Internal Revenue Service, from Husband's income for tax purposes under Section 215 of the Internal Revenue Code. 18. MISCELLANEOUS PROPERTY All marital property not otherwise mentioned in this Agreement shall be hereafter owned by the party to whom the property is titled; and if untitled, by the party in possession. This Agreement shall constitute a sufficient Bill Of Sale to evidence the transfer of any and all rights in such property from each party to the other. 19. DEBTS The parties acknowledge that, other than the debts indicated in paragraph 15. (mortgage and equity loan on the marital residence) they have no other joint debts. Husband acknowledges that he has or may have individual credit cards in his name alone, including a Sears credit card, and that he pays off the outstanding balances of all said cards as they become due or shall continue to make all required monthly payments on said cards until the balance is paid in full. Wife acknowledges that she has or may have individual credit cards in her name alone and that she pays off the outstanding balances of all said cards as they become due. 12 Except as stated herein, each party agrees to be solely responsible and liable for hislher debts in their individual names, as set forth above. Except as stated herein, each party agrees to pay their debts as the same become( s) due, and to indemnify and hold the other party and his or her property harmless for any and all such debts, obligations and liabilities. A liability not disclosed in this Agreement will be the sole responsibility ofthe party who has incurred or may hereafter incur it, and each agrees to pay it as the same become( s) due, and to indemnify and hold the other party and his or her property harmless for any and all such debts, obligations and liabilities. From the date of the execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to not use any credit card or other debt instrument for which the parties have joint liability or any potential liability. The parties agree to cooperate in closing any remaining accounts which provide for joint liability. 20. BA}UCRUPTCY It is hereby understood and agreed by and between the parties that their obligations pursuant to this agreement shall not be affected by any bankruptcy proceeding and shall not be deemed to constitute or be a dischargeable debt of bankruptcy . Both parties warrant that he/she has not heretofore instituted any proceedings pursuant to the bankruptcy laws nor are there any such proceedings pending with respect to himlher which have been initiated by others. Should either party file for bankruptcy and attempt to discharge any debts for which that party has been encumbered or agreed to pay, under this agreement, the decision as to whether or not said debts may be discharged shall rest with the Cumberland County Court of Common Pleas and the parties hereto acknowledge that said Court shall have exclusive jurisdiction to render this decision. 21. LEGAL FEES. COSTS AND EXPENSES 13 Wife acknowledges that she has been represented in this matter by Samuel L. Andes, Esquire and Husband acknowledges that he has been represented by Gary L. Rothschild, Esquire in this matter. The parties acknowledge and agree that each shall be responsible for the payment of the fees owed to their respective attorney. Husband and Wife do hereby waive, release and give up any rights which they may have against the other for payment of counsel fees. The parties acknowledge and agree that each shall be responsible for the payment of any and all costs and expenses incurred by that party. Husband and Wife do hereby waive, release and give up any rights which they may have against the other for payment of costs and expenses. 22. RETAKING OF MAIDEN NAME Wife hereby agrees to file all necessary documents to effectuate the retaking of her maiden name within thirty (30) days of the issuance of a Decree in Divorce and to forward documentation to Husband of her timely retaking of her maiden name. 23. OTHER WRITINGS Each of the parties hereto agree to execute any and all documents, deeds, bills of sale or other writings necessary to carry out the intent and language of this Agreement. 24. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS Each party understands that he or she had the right to obtain from the other party a complete inventory or list of all of the property that either or both parties owned at the time of separation and at the time and/or owned at this time and that each party had the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have the right to have a court hold hearings and make decisions on the matters covered by this a Agreement. Both parties understand that a court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. 14 Each party hereby acknowledges that this Agreement is fair and equitable, that it adequately provides for his or her needs and is in his or her best interests, and that the Agreement is not the result of any fraud, duress, or undue influence exercised by either party upon the other or by any other person or persons upon either party. Both parties hereby waive the following procedural rights: A. The right to obtain an inventory and appraisement of all marital and non- marital property as defined by the Pennsylvania Divorce Code. B. The right to obtain an income and expense statement of the other party as provided by the Pennsylvania Divorce Code. C. The right to have property identified and appraised. D. The right to discovery as provided by the Pennsylvania Rules of Civil Procedure. E. The right to have the court determine which property is marital and which is non-marital, and equitably divide and distribute between the parties that property which the court determines to be marital, and to set aside to a party that property which the court determines to be that parties' non-marital property. F. The right to have the court decide any other rights, remedies, privileges, or obligations covered by this Agreement and/or arising out of the marital relationship, including but not limited to possible claims for divorce, child support, spousal support, alimony, alimony pendente lite (temporary alimony), equitable distribution, custody, visitation, counsel fees, costs and expenses. 25. FURTHER DEBT 15 Wife agrees that she shall not contract or incur any debt or liability for which Husband or his property or estate might be responsible and shall indemnify and save Husband harmless from any and all claims or demands made against Husband by reason of debts or obligations incurred by Wife. 26. FURTHER DEBT Husband agrees that he shall not contract or incur any debt or liability for which Wife or her property or estate might be responsible and shall indemnify and save Wife harmless from any and all claims or demands made against Wife by reason of debts or obligations incurred by Husband. 27. MUTUAL RELEASE Except as otherwise provided herein and so long as this Agreement is not modified or canceled by subsequent Agreement, the parties hereby release and discharge absolutely and forever each other from any and all rights, claims and demands, past, present and future, including, but not limited to the following: spousal support, alimony, alimony pendente lite, division of property, claims or rights of dower and right to live in the marital home, right to act as executor or administrator of the other's estate, rights as devisee or legatee in the Last Will and Testament of the other, any claim or right as beneficiary in any life insurance policy of the other and any claim or right in the distributive share or intestate share of the other parties' estate. The parties agree to contribute equally for any tax, interest or penalties which cannot be attributed to one of the parties. 28. TAX RETURNS The parties have filed joint tax returns for years prior to tax year 2004. They each represent to the other that they have accurately reported their income and deductions in those returns. However, in the event that either parties is assessed additional income tax, penalty or interest as a 16 result of any incomplete or inaccurate information in any of those joint returns, the parties agree that the party whose incomplete or inaccurate information results in an increase in tax, penalty or interest shall be solely responsible for the payment of said additional tax, penalty or interest and the cost of resolving such matters and shall further inderrmify and save harmless the other from any loss, cost or expense reasonably incurred by the other as a result of such incomplete or inaccurate information. Should additional tax, penalty or interest be assessed due to incomplete or inaccurate information not attributable specifically to either party then said additional tax, penalty or interest shall be shared equally by the parties. 29. FINAL EOUITABLE DISTRIBUTION OF PROPERTY The parties agree that the division of all property set forth in this Agreement is equitable and both parties relinquish the right to divide said property in any manner not consistent with the terms set forth herein. It is further the intent, understanding and agreement of the parties that this Agreement is a full, final, complete and equitable property division. 30. ENTIRE AGREEMENT This Agreement constitutes the entire understanding between the parties, and there are no covenants, conditions, representations or agreements, oral or written, of any nature whatsoever, other than those contained herein. 31. LEGALLY BINDING It is the intent of the parties hereto to be legally bound hereby and this Agreement shall bind the parties hereto and their respective heirs, executors, administrators and assigns. 32. BREACH AND COSTS TO ENFORCE In the event that either party defaults in the performance of any duties or obligations required by the terms of this Agreement and either extra-judicial or judicial proceedings are commenced to enforce such duty or obligation, then the party found to be in default shall be liable 17 for all expenses of curing the default, including, but not limited to reasonable attorneys' fees, court costs and expenses. 33. AGREEMENT ENTERED INTO VOLUNTARILY AND AGREEMENT CLEARLY UNDERSTOOD Each party to this Agreement acknowledges and declares that he or she respectively: A. Has carefully read each paragraph and each provision of this Agreement; B. Has given careful and mature thought to the making ofthis Agreement; C. Is fully and completely informed as to the facts relating to the subject matter of this Agreement, including the parties' assets and liabilities, or elected to waive obtaining such information; D. Has reviewed this Agreement with hislher counsel and received guidance as to hislher rights and obligations under this Agreement; E. Enters into this Agreement voluntarily after receiving the advice of independent counsel; and F. Fully and completely understands each provision of this Agreement, both as to the subject matter and legal effect. 34. AMENDMENT OR MODIFICATION This Agreement may only be amended or modified by a written instrument signed by both parties. 35. SEVERABILITY If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet his 18 or her obligations or duties under this Agreement or anyone or more of the paragraphs of this Agreement, with the exception of the satisfaction of any conditions precedent, shall in no way void or alter the remaining obligations or duties ofthe parties. 36. LAW APPLICABLE This Agreement shall be governed, construed and enforced under the statutes and case law of the Commonwealth of Pennsylvania. 37. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the paragraphs and subparagraphs herein are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. BY SIGNING THIS AGREEMENT, EACH PARTY ACKNOWLEDGES HAVING READ AND UNDERSTOOD THE ENTIRE AGREEMENT, AND EACH PARTY ACKNOWLEDGES THAT THE PROVISIONS OF THIS AGREEMENT SHALL BE AS BINDING UPON THE PARTIES AS IF THEY WERE ORDERED BY THE COURT AFTER A FULL HEARING. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first written above. ~a MARY L r&! GOLDING ("Husband") ~= 17ft/~ tn~ 19 . . COMMONWEALTH OF PENNSYLVANIA : COUNTY OF ~o...J\.CL.. : SS On this, the!p:h day of JjpW 2006, before me, a Notary Public in and for the State and County aforesaid, the undersigned officer, personally appeared MARY L. GOLDING, known to me (or satisfactorily proven) to be the person described in the foregoing instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~~\.m1illtti.&:! (SEAL) Notary Pu NCJl'AIlIALSfIoL NI'I M. twIICINS, ~ PUaIC ISIOYNE IIORO., CI "- ILAHD IIYlXlI1"'t8l""' 1!JPIIIElI....- I COMMONWEALTH OF PENNSYLVANIA : COUNTY OF \) /'r<.I (J/f/N : SS sf On this, the U /' day of I'1Hcil 2006, before me, a Notary Public in and for the State and County aforesaid, the undersigned officer, personally appeared DAVID JEFFREY GOLDING, known to me (or satisfactorily proven) to be the person described in the foregoing instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA NOT AR, ,cAL MINDY S. GOOD,".". ',rll'Y Public City of Harrisbu~~ UdlF ~JUI!:y ~ CommiSSIon EXf lieS ~""'..,.'21"lo()l1 '\ . C'( . 'Ii '\...,~\....., -z-, -:1d,,'..I(_ Notary Public \ (SEAL) 20 MATRIMONIAL SETTLEMENT AGREEMENT BETWEEN MARY L. GOLDING and DAVID JEFFREY GOLDING EXHIBIT A ITEMS TO BE RECEIVED BY WIFE 1) Coffee Maker (BUN) previously owned by Wife's mother; 2) Hand held weights (plastic coated); 3) Travel case for golf clubs; 4) Brass headboard; 5) Portion of the holiday and seasonal items; 6) Tools previously owned by Wife's father; 7) Wife's mother's sled-shaped Christmas tree stand; 8) Wife's father's air rifle; 9) Card table with four (4) chairs; 10) Cookbooks, and 11) Wife's father's electric leaf blower. 21 II ~. . . ~... MARY L. GOLDING, Plaintiff vs. DAVID JEFFREY GOLDING, Defendant ) ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW NO. 04-2182 CIVIL TERM IN DIVORCE STIPULATION AND NOW this ~ day of fr1 ') . 2006, the above- named parties, by their counsel who have executed this Stipulation on their behalf and with the authorization and consent of the parties, the parties hereby stipulate and agree that the court shall enter the attached Order for Alirnony and jointly move the court to do so. ~~. .QPO.fu Sam I L. Andes Attorney for Plaintiff Supreme Court ID # 17225 Date: ? M~ ::>lr(7 Ji'4/JU'.-/ . Gary L. othschild, Esquire Attorney for Defendant Suprerne Court ID # C. 2..0'-1/ Date: 51'1/04 g ~ ....(1;.:,,' ~~?:: (q ::: .' C,l.. ~~; (~ 5'~:: 7: :2 ~ :$ ~ - C1' '. . ~ ~-n n'F". -Om~ -:0 0' ---I-:r ~,C1]' .")--- -',,0 :,.frt 9. ~ ~ 9 c:> <.II 1\ I MARY L. GOLDING, ) IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND ) COUNTY, PENNSYLVANIA ) I vs. ) CIVIL ACTION - LAW I ) ) NO. 04-2182 CIVIL TERM DAVID JEFFREY GOLDING, ) Defendant ) IN DIVORCE PRAECIPE TO THE PROTHONOTARY: Please withdraw all economic c1airns previously filed on behalf of the Defendant in the above matter. %;b(; 'I III Dated Ga L. Rothschild, Esquire Attorney for Defendant Supreme Court ID # C,ZO'TI o c:. ~'," ~",. -d\:C 111fT ~.~',:: 0' ~:\: .,~~.'<;, /" '~-;;c ~3 ~ ~ ;$ ~ - CT> Q, ~~ 15rTI ~~, ~,--n (')-- :<~?f, g C> ~ U1 ~ <2 'I , I " MARY L. GOLDING, Plaintiff ) ) ) ) ) ) ) ) ) vs. DAVID JEFFREY GOLDING, Defendant PRAECIPE TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-2182 CIVIL TERM IN DIVORCE Please withdraw all economic claims previously filed on behalf of the Plaintiff in the above rnatter. ~~JL Samuel L. Andes, Esquire Attorney for DefllM",-At p{ allrfi ({ Supreme Court ID # 17225 ~;/~ Dated (") s; -1Jri l'l!r1 ,-?.., (.') ::<: I:;: ~~: "';':"'1 :;:: ...., = ~ 3 :po -< ~ ~." mp -om :;~'7. :?1~ 5::!J z~ o ?E o -< U1 c;r'\ ~ 9 'I MARY L. GOLDING, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 04-2182 CIVIL TERM DAVID JEFFREY GOLDING, Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Grounds for Divorce: Irretrievable breakdown under Section 3301 (c). 2. Date and manner of service of the Complaint: Acceptance of Service filed by Plaintiff's counsel indicating service on or about 17 June 2004. 3. Complete either Paragraph (a) or (b): (a) Date of execution of the Affidavit of Consent required by Section 3301 (c) of the Divorce Code: By Plaintiff: 11 May 2006 By Defendant: 14 April 2006 (b) (1) Date of execution of the Affidavit required by Section 3301 (d) of the Divorce Code: (2) Date of filing and service of the Plaintiff's Affidavit upon the Respondent: 4. Related claims pending: None. 5. Complete either (a) or (b): (a) Date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, a copy of which is attached: (b) Date Plaintiff's Waiver of Notice in Section 3301 (c) Divorce was filed with the Prothonotary: Dated 11 May 2006 and filed contemporaneously herein. Date Defendant's Waiver of Notice in Section 3301 (c) Divorce was filed with the Prothonotary: Dated 14 April 2006 and filed on 4 May 2006. Date: 11 May 2006 ~~ - muel L. ndes Attorney for Plaintiff o ~ -<':-. -q1.j:' ..nc, l-.7" ",~ ";:. :;:( cn.' l~. ~ ~ = "" ::J1: ;p> -< C1' ~ C?- O ....l ~ :C rn~ -om =.n9 00 :;-h, "f0 -.-rn ~ ~ I' MARY L. GOLDING, ) IN THE COURT OF COMMON Ii Plaintiff ) PLEAS OF CUMBERLAND COUNTY, I ) PENNSYLVANIA ) vs. ) CIVIL ACTION - LAW ) ) NO. 04-2182 CIVIL TERM DAVID JEFFREY GOLDING, ) Defendant ) IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on 17 May 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of both the filing and service of the complaint. 3. I consent to the entry of a final decree in divorce after service of a Notice of Intention to Request Entry of the Decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 lei 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 this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsWorn falsification to authorities. (5/)/ J OI..P Dated: ~ MARY L. GOLDING (') ,..., 0 = c = " ::.< "" -r"le:' ::l!: ~:o ITI'" >- Z!~ -< 71 :g~ 0':1 en -< S .- '.< J> :::r: "T. "1:0- <:):0 .' ::JJ: ~-"'..O A~~ t~ S' Om -. --l ::2 0 ~ ,+.- '-< No. 0 Lj - a I ~ ~ el' " .-\ CUMBERLAND COUNTY DOMESTIC RELATIONS Date of Application:,MAY2 5 2006 Request for Support Record Search Name: Go Jd"f\~_ (Last) ])o"v,(j (First) J (MI) Address: Social Security Number: 1"'4- 4(),- 3'1"10 D.O.B.: Domestic Relations Case Number if Known: Party Requesting Information: {2., ,'v I (5 ,'Ii (.. Lct.n d T ra ():A-~ (5 (Print Name ofFirm Name) '117 - 441- I,)S~ (Telephone Number) 30 I I'(\{),,( V-lt St.. SUite.. I OD L~VV\oy M PA \'1043 (Address)' I I ,17- L/41-IY&tf (Fax Number) (Signature) A Twenty Dollar ($20.00) Fee is Due per Social Security Number Make check or money order payable to: DRS/Lien Search ~ INITIAL REQUEST Has no Record in Domestic Relations as of: (Date) Support Arrears as of End of Month Prior to Date of Application: $ 3 04. 3 "" Monthly Total Support Obligation: $ 541/.00 I mOfl R f The Amount shown above is reflected in the Domestic Relations Section Office of CumberlandCounty,Pennsylvania. I'ne.mbi.r ~553ql 0 \ 3<1lt> Domestic Relations Case Number: _Pa C5 t>S ~ ~ -, ~ I D to 713 Signed: 9'./ h 1h. /;.ll..- 5/:;J.~ /0 ILJ (Lien Search Coordinator) (Date) BRING-DOWN REQUEST Support Arrears: $ As Of: (Date) Signed: (Lien Coordinator) (Date) *** Lien Satisfisfaction Receipt Available Upon Request*** ccno Q c ~. <- "'"OCr' nln "-"}'... '7' V? ~s; ~ ,...., = = 0'" ::It ".. -< N (.11 ~ ..... :C.." rl1-'" ..,,1;; ~-n9 -:~(~I '1:"., f:5~ >:=?'n () ~ ..... -0 ::x 'f? .;:- -.J II '"" Or' ... MARY L. GOLDING, Plaintiff ) ) ) ) ) ) ) ) ) vs. DA VID JEFFREY GOLDING, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-2182 CIVIL TERM IN DIVORCE ORDER FOR ALIMONY AND NOW, this ~ay of ~ ,2006, upon the stipulation , of the parties and to implement a portion of the parties' Marital Settlement Agreement, we hereby order and decree as follows: 1. The order for alimony pendente lite entered in this action (and to PACSES Number 978106773) which requires David J. Golding to ay $544.00 per month, plus $50.00 on the arrears, shall remain in full force and effect through the end of the rnonth in which the final decree in divorce is entered. 2. Commencing on the first day of the first month following the date of the final decree in this matter, the Defendant David J. Golding shall pay alimony to the Plaintiff Mary L. Golding in the amount of $544.00 per month. These payments shall continue until the day that the parties sell and settle on the sale of their residence at 1107 East Powderhorn Road in Mechanicsburg. The amount of the monthly alimony payment shall not be subject to modification and shall continue without change until the alimony order is terminated. 3. Any arrearage which David J. Golding owes on the alimony pendente lite order shall be paid in full within thirty (30) days of the day that the parties sell and settle on the sale of their residence at 1107 East Powderhorn Road in Mechanicsburg. .../ I .-.., II ~ 4. All payments pursuant to this order should be made through the Domestic Relations Office of Cumberland County, which is hereby authorized and directed to administer this order, collect the payments from the Defendant and disburse the payments to the Plaintiff, and the Defendant's wages from his primary employment shall be attached to secure the payments of alimony pendente lite and alimony due under this order. ", ~ /." BY THE <;:OURT, J. Distribution: Samuel L. Andes, Esquire (Attorney for Plaintiff) 525 North 12th Street, Lemoyne, PA 17043 -L'&;~ jjV~~~ 5/fq/ct' Gary L. Rothschild, Esquire (Attorney for Defendant) - c~... .fI.t-4~ 51.?~t;, 2215 Forest Hills Drive, Suite 35, Harrisburg, P A 171I2 v' '/i" A}J I.C:G t!'j At1VlC .~ ',,:,r;J O^ "'\ \ "'7 ). '\"",\.>,1;; v ,. ... ~ ...... ...:1 3Hl:10 ,':]:/'1Ij . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :f:+:t:t '+:t' ;t':t :+:'f.<+i:+: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :+::+::+::+::+: :+::f.:f. :+::+::+::+: ++:+:+ :+: :+: ++++++++:+:++++ :+:++++:+:+++:+::+:++++:+:+++:+:+ +++:+:++:+:++~ . . . . . IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA. MARY L. GOLDING, No. 2004-2182 Plaintiff VERSUS DAVID JEFFREY GOLDING, Defendant DECREE IN DIVORCE AND NOW, ~ l.,\ \. MARY L. GOLDING 2006 , IT IS ORDERED AND DECREED THAT , PLAINTIFF, DAVID JEFFREY GOLDING , DEFENDANT, AND ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION YET BEEN ENTERED; i..{).Q FOR WH ICH A FI NAL ORDER HAS NOT THE ATTACHED PROPERTY SETTLEMENT AGREEMENT OF THE PARTIES, DATED MARCH 21, 2006, IS INCORPORATED INTO, B ALL NOT MERGE WITH THIS FINAL DECREE. By THE COURT: PROTHONOTARY :+:;f'f +:t+++:+:+::+::+::t+:+:'f't:f '+':+::+:;+:'1;'+:'1':1; +:+:'1; '+':+:'l':+::+:+ '+'+ :+::+: 'f.+':+:'+' +++:+: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J. . . . . . . . . . . . . . . . . . . . . . . . . . Of +' '1'+ ," .' "" _ :" 11.7~ y,Z '1T.?nlI 7'~<f7J4 .;r,?, ~?~-,9 ~p ~p -'l! Afrz7ll(~? -r~ ?c? e~ ? . ~- > . ." ... In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION MARY L. GOLDING ) Docket Number 04-2182 CIVIL Plaintiff ) vs. ) PACSES Case Number 978106773 DAVID J. GOLDING ) Defendant ) Other State ID Number ORDER AND NOW, to wit, on this 2ND DAY OF JUNE, 2006 IT IS HEREBY ORDERED that the support order in this case be 0 Vacated or o Suspended or (i) Terminated without prejudice or 0 Terminated and Vacated, effective MAY 24, 2006 , due to: THE PARTIES' DIVORCE DECREE ON MAY 24, 2006. THERE IS A REMAINING BALANCE OF $107.03 OWED TO THE PLAINTIFF AND WILL BE PAID WITH THE EFFECTIVE WAGE ATTACHMENT. JUDGE DRO: R. J. Shadday Service Type M Form OE-504 Worker ID 21005 () G r--..:> = = <;.......... <-- ~..,;.: o .." ..... :r:.,., nlp:o -om '~~.~6 ~=-.: '""1", I N -u ~~~ ~.~~~ ....:) ::'..\ ~l""> '::0 =< w w t- ... ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 06/02/06 Case Number (See Addendum for case summary) 978106773 04-2182 CIVIL o Original Order/Notice o Amended Order/Notice @ Terminate Order/Notice GANNETT FLEMING INC* C/O GANCOM PO BOX 67100 HARRISBURG PA 17106-7100 RE: GOLDING, DAVID J. Employee/Obligor's Name (Last, First, Mil 164-42-3990 Employee/Obligor's Social Security Number 5539101396 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, Mil Employer/Withholder's Federal EIN Number See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMA nON: This is an Order/Notice to Withhold I ncome for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 0 . 00 per month in current support $ 0 . 00 per month in past-due support Arrears 12 weeks or greater? 0 yes Q9 no $ 0.00 per month in current and past-due medical support $ 0 . 00 per month for genetic test costs $ per month in other (specify) for a total of $ 0.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 0 . 00 per weekly pay period. $ 0.00 per biweekly pay period (every two weeks). $ 0.00 per semimonthly pay period (twice a month). $ 0.00 per monthly pay period. REMITTANCE INFORMA nON: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PA YMENTS 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. DRO: R. J. Shadday Service Type M Edgar B. Bayley, Date of Order: JUN 0 5 2006 OMB No.: 0970-0154 .... ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS o If ~hecked you are required to provide a (:opy of this form to your employee. If your employee works in a state that is different from Ihe state that issued this order, a copy must be provided to 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. * Repoltillg ti,e raydatelDate of Witl Ii ,oldil,g. You I"Ust lepo,1 tl,e paydatefdate of witl,l,oldillg vvl,el, selldil,g tl,e paylllel,t. Tl,e paydateldate of Vvitl,l,oldil,g is tl,e date 01, vvl ,jel, alllou"t \l\>as vvitl,l,eld flOl" tl,e el"ployee's \l\>ages. 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. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 2516135910 EMPLOYEE'S/OBLlGOR'S NAME: GOLDING, DAVID J. EMPLOYEE'S CASE IDENTIFIER: 5539101396 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9. * Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.s.c. 91673 (b)1; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. 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 amounts allowed under the law of the state that issued the order. 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.Submitted By: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (7171 240-6248 or by internet www.childsupport.state.pa.us Service Type M Page 2 of 2 Form EN-028 Worker ID $IATT OMB No.: 097()..()154 -.,. ADDENDUM Summary of Cases on Attachment Defendant/Obligor: GOLDING, DAVID J. PACSES Case Number 978106773 Plaintiff Name MARY L. GOLDING Docket Attachment Amount 04-2182 CIVIL$ 0.00 Child(ren)'s Name(s): DaB If you are required to enroll the child(ren) above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DaB If checked, you are required to enroll the child(ren) above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DaB If checked, you are required to enroll the child(ren) in any health insurance coverage available employee's/obligor's employment. Service Type M Addendum OMB No.: 0970-0154 PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DaB If checked, you are required to enroll the child(ren) above in any health insurance coverage available the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DaB If checked, you are required to enroll the child(ren) in any health insurance coverage available em ployee' slob I igor's em p loyment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DaB If checked, you are required to enroll the child(ren) in any health insurance coverage available employee' slob I igor's employment. Form EN-028 Worker ID $IATT n f~~ /"0 = = en o ., --l :I:-n (11 r= ~F~ t~J ~~~~. ~~:~ I U1 -r) - L -1" ~ -) ;". ~5>f1 --I ;;p :< w .. U1 1..0 II MARY L. GOLDING, Plaintiff vs. ) ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-2182 CIVIL TERM DAVID JEFFREY GOLDING, Defendant IN DIVORCE NOTICE TO RESUME PRIOR SURNAME NOTICE IS HEREBY GIVEN that MARY LYNN GOLDING, Plaintiff in the above matter, having been granted a Final Decree in Divorce on the ayB1 day of ~ 2006, hereby elects to resume the prior surname of MARY LYNN McINTIRE, and gives this written notice pursuant to the provisions of 54 P.s. 9 704. Date: lo\~\ \C).p . ~~ MAR~ LDING .-' CJ71~~/11~ MAR Y McINTIRE COMMONWEALTH OF PENNSYLVANIA ) (55.: COUNTY OF CUMBERLAND ) On the ~ \(J\-day of ~ l r1.J.. ,2006, before me, the undersigned officer, personally appeared MARY L YN GOLDING, known to me (or satisfactorily proven) to be the person whose name is signed to the within Notice to Resume Prior Surname and acknowledged that she executed the foregoing for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seaL (\)f)A I ~~ Wcu.1uYLb Notary Publi " r',) ~ c:.) ;'} :v ; .-~- ) F ~ ~.:t'~ "rj f c :=! t'j-l - ..... ; .f>....) ..... -. C':J - ~ -c. ...".:.1 -..:. "<:I. w 0- ~ ~ & C:::> C:-, ./AII"""toM ~ 'fMT(llI,MlllW1 .. VW\ VTMUO:I CIlMA r - '" .OA08!1iWOM3.J I .....0'I0Rl'IIt!J~~ I LIEN SATISFACTION Pacses# 978106773 No. 04-2182 CV DR# Name: David Goldin!! Member Number: M# 5539101396 Judgment Lien Satisfied as of: June 7. 2006 Amount Paid: $ Case Closed Signed: ~ 7h, ./J~ (Lien Coordinator) JUL 3 1 2006 (Date) CC722 c._...~ -<