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HomeMy WebLinkAbout09-5684LISA J. B T, ) Plaintiff ) vs. ) MARK S. BARNHARDT, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. D ? - 5 (o ?? C t-,? l 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 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 Telephone: (717) 249-3166 LISA J. BARNHARDT, ) Plaintiff ) } vs. ) MARK S. BARNHARDT, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 0 9 - S'-6, &-y C ?-r 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. LISA J. B T, ) Plaintiff ) vs. ) MARK S. B T, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 6? 9- S_'? K? C,'-) IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes the above-named Plaintiff, LISA J. BARNHARDT, by her attorney, Samuel L. Andes, and makes the following Complaint in Divorce: 1. The Plaintiff is LISA J. B T, an adult individual who currently resides at 24 Mallard Court in Mechanicsburg, Cumberland County, Pennsylvania. 2. The Defendant is MARK S. B T, an adult individual who currently resides at 832 Flintlock Ridge 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 21 July 1981 in Lebanon, Lebanon County, 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. 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. COUNT II - EQUITABLE DISTRIBUTION 9. 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 III - ALIMONY 10. Plaintiff lacks sufficient property to provide for her reasonable needs in accordance with the standard of living of the parties established during the marriage. 11. Plaintiff is unable to support herself in accordance with the standard of living of the parties established during the marriage through appropriate employment. 12. The Defendant is employed and enjoys a substantial income from which he is able to contribute to the support and maintenance of the Plaintiff and pay her alimony in accordance with the Divorce Code of Pennsylvania. WHEREFORE, Plaintiff prays this Honorable Court to enter an Order awarding Plaintiff 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 IV - ALIMONY PENDENTE LITE 13. Plaintiff is without sufficient income to support and maintain herself during the pendency of this action. 14. 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 V COUNSEL FEES AND EXPENSES 15. Plaintiff is without sufficient funds to retain counsel to represent her in this matter. 16. Without competent counsel, Plaintiff cannot adequately prosecute her claims against Defendant and cannot adequately litigate her rights in this matter. 17. Defendant enjoys a substantial income and is well able to bear the expense of Plaintiff's attorney and the expense of this litigation. WHEREFORE, Plaintiff prays this Honorable Court to order Defendant to pay the legal fees and expenses incurred by Plaintiff in this litigation of this action. el L. An is" Attorney for Plaintiff Supreme Court ID # 17225 525 North 12' 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). ?7/a- v? Date: \// 1, J / LISA J. BARNHARDT OF T? 2009 AU9 7 PM 3: C!Xlwy L f 111i?JV7.,I? 5331;??Jv 7. 1) 3 &?s?-: ?ac? l Co d ti 5 4, -7 4j 24 3 ?S LISA J. BARNHARDT, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 69', S_Ue `f 6" . f MARK S. BARNHARDT, Defendant IN DIVORCE MOTION FOR CONFERENCE AND HEARING ON ALIMONY PENDENTE LITE AND NOW comes the above-named Plaintiff, by her attorney, Samuel L. Andes, and moves the court to assign this matter to the Domestic Relations Office for proceedings on Plaintiff's request for alimony pendente lite which was first raised in her Divorce Complaint, a copy of which is attached hereto and marked as Exhibit A. 4Sael L. Andes Attorney for Plaintiff Supreme Court ID# 17225 525 North 120' Street P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LISA J. BARNHARDT, ) Plaintiff ) CIVIL ACTION - LAW vs. j NO. p 5- s ?y c w :1 MARK S. BARNHARDT, ) IN DIVORCE Defendant ) DRS ATTACHMENT FOR APL PROCEEDINGS 'I i 'I PETITIONER NAME Lisa J. Barnhardt ADDRESS 24 Mallard Court Mechanicsburg, PA 17055 BIRTH DATE 18 March 1958 SOCIAL SECURITY NUMBER 202-50-4797 HOME PHONE 717-503-3525 WORK PHONE 717-652-6605 EMPLOYER NAME Women's First Medical Center EMPLOYER ADDRESS Union Deposit Road, Harrisburg, PA JOB TITLE/POSITION Nurse DATE EMPLOYMENT COMMENCED 4 March 2009 GROSS PAY $240 per week NET PAY $400 for two weeks OTHER INCOME Social Security / Disability $1, 800.00/month ATTORNEY'S NAME SAMUEL L. ANDES ATTORNEY'S ADDRESS 525 NORTH 12TH STREET LEMOYNE, PA 17043 ATTORNEY'S PHONE NUMBER (717) 761-5361 RESPONDENT NAME Mark S. Barnhardt ADDRESS 832 Flintlock Ridge Road Mechanicsburg, PA 17055 BIRTH DATE 2 March 1957 SOCIAL SECURITY NUMBER 186-50-0306 HOME PHONE WORK PHONE EMPLOYER NAME El Associates Architects & Engineers EMPLOYER ADDRESS 8 Ridgedale Avenue Cedar Knolls, NJ 07927 JOB TITLE/POSITION Architect DATE EMPLOYMENT COMMENCED Prior to 2006 GROSS PAY $110,000.00 (est'd) NET PAY $4,550.00 / bi-weekly OTHER INCOME Unknown ATTORNEY'S NAME Unknown ATTORNEY'S ADDRESS Unknown ATTORNEY'S PHONE NUMBER Unknown MARRIAGE INFORMATION DATE OF MARRIAGE 21 July 1981 PLACE OF MARRIAGE Lebanon, Pennsylvania DATE OF SEPARATION June, 2009 ADDRESS OF LAST MARITAL HOME 832 Flintlock Ridge Road Mechanicsburg, PA 17055 DESCRIPTION OF DOCUMENT RAISING APL CLAIM Divorce Complaint DATE APL DOCUMENT FILED LISA J. B T, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. MARK S. B T, 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 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 Telephone: (717) 249-3166 LISA J. BARNHARDT, Plaintiff VS. MARK S. BARNHARDT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 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. LISA J. B T, Plaintiff VS. MARK S. B T, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes the above-named Plaintiff, LISA J. BARNHARDT, by her attorney, Samuel L. Andes, and makes the following Complaint in Divorce: 1. The Plaintiff is LISA J. B T, an adult individual who currently resides at Cumberland County, Pennsylvania. 2. The Defendant is MARK S. B T, an adult individual who currently resides at 832 Flintlock Ridge 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 21 July 1981 in Lebanon, Lebanon County, 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. 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. COUNT II - EQUITABLE DISTRIBUTION 9. 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 III - ALIMONY 10. Plaintiff lacks sufficient property to provide for her reasonable needs in accordance with the standard of living of the parties established during the marriage. 11. Plaintiff is unable to support herself in accordance with the standard of living of the parties established during the marriage through appropriate employment. 12. The Defendant is employed and enjoys a substantial income from which he is able to contribute to the support and maintenance of the Plaintiff and pay her alimony in accordance with the Divorce Code of Pennsylvania. WHEREFORE, Plaintiff prays this Honorable Court to enter an Order awarding Plaintiff 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 IV - ALIMONY PENDENTE LITE 13. Plaintiff is without sufficient income to support and maintain herself during the pendency of this action. 14. 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 V - COUNSEL FEES AND EXPENSES 15. Plaintiff is without sufficient funds to retain counsel to represent her in this matter. 16. Without competent counsel, Plaintiff cannot adequately prosecute her claims against Defendant and cannot adequately litigate her rights in this matter. 17. Defendant enjoys a substantial income and is well able to bear the expense of Plaintiff's attorney and the expense of this litigation. WHEREFORE, Plaintiff prays this Honorable Court to order Defendant to pay the legal fees and expenses incurred by Plaintiff in this litigation of this action. Iam el L. An Vs Attorney for Plaintiff Supreme Court ID At 17225 525 North 12t' 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: \ -/, 1, J I , Se4,k,,z LISA J. BARNHARDT OF OTgRy 2009 AU6 17 PM 3: 02 LISA J. BARNHARDT, THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 09-5684 CIVIL TERM MARK S. BARNHARDT, IN DIVORCE Defendant/Respondent : PACSES NO: 891111095 ORDER OF COURT AND NOW, this 18th day of August, 2009, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R. J. Shadday on September 15, 2009 at 10:30 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: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.110 (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you. If you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. Copies mailed to: Petitioner Respondent Samuel L. Andes, Esq. Date of Order: August 18, 2009 BY THE COURT, G Edgar B. Bayley, Judge YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 R S.}...,` OF THE 2049 AUG 20 PH 2-- 2 l culvHt- PEt •!{``JS`t lLVfVN t1 LISA J. BARNHARDT, Plaintiff VS. MARK S. BARNHARDT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 09-5684 CIVIL TERM IN DIVORCE ACCEPTANCE OF SERVICE AND ENTRY OF APPEARANCE I hereby enter my appearance for the Defendant, MARK S. BARNHARDT, in the above- captioned action. I acknowledge receipt of a true and correct copy of the Complaint in Divorce filed in the above action on behalf of the Defendant on G UkS?- 27- , 2009. lJ" N MILLER Attorney for Defendant Supreme Court ID # 2 CALDWELL & KEARNS 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 FILET ,-O r Kj`E OF Tr'' e l 2 409 fie `: A, ^ U• t} 0- t i LISA J. BARNHARDT, Plaintiff VS. MARK S. BARNHARDT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. 09-5684 Civil CIVIL ACTION -LAW IN DIVORCE NOTICE OF INTENT TO REQUEST MARRIAGE COUNSELING The undersigned, Mark S. Barnhardt, Defendant in the above divorce action, does hereby give formal notice of Defendant's desire and intent to request and engage in marriage counseling, together with the Plaintiff herein, Lisa J. Barnhardt. Date: azen W. Miller, Esquire Attorney I.D. #200037 CALDWELL & KEARNS 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Attorney for Defendant, Mark S. Barnhardt 09258-001/153037 CERTIFICATE OF SERVICE AND NOW, this 1.57 day of ?F-/L , 2009, I hereby certify that I have served a copy of the within document on the following by depositing a true and correct copy of the same in the U.S. Mail at Harrisburg, Pennsylvania, postage prepaid, addressed to: Samuel L. Andes, Esquire 525 North 12'h Street P. O. Box 168 Lemoyne, PA 17043 CALDWELL & KEARNS By: FILED-0 '!"!C'E OF THE' , rH!-VOTARY 2009 SEP -2 Pti l: 56 t CUWFZJ? F'EI NS\,`LIJA,N A LISA J. BARNHARDT, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 09-5684 CIVIL TERM MARK S. BARNHARDT, IN DIVORCE Defendant/Respondent : PACSES Case No: 891111095 ORDER OF COURT AND NOW, this 15th day of September 2009, based upon the Court's determination that the etitioner's monthly net income/earning capacity is $ 2,064.00 and the Respondent's monthly net income/earning capacity is $ 6,951.38, it is hereby ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit One Thousand Three Hundred and 00/100 Dollars ($ 1,300.00) per month payable biweekly as follows: $ 1,300.00 per month for Alimony Pendente Lite and $ 0.00 per month on arrears. First payment due: in accordance with Respondent's pay schedule. The effective date of the order is August 17, 2009. Arrears set at $ 1,941.10 as of September 15, 2009. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa.C.S.§ 3703. Further, if the Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and, at its discretion, make an appropriate Order, including, but not limited to, commitment of the Respondent to prison for a period not to exceed six months. Said money to be turned over by the PA SCDU to: Lisa J. Barnhardt. Payments must be made by check or money order. All checks and money orders must be made payable to PA SCDU and mailed to: PA SCDU P.O. Box 69110 Harrisburg, PA 17106-9110 Payments must include the Respondent's name with their PACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. cc360 The monthly support obligation includes cash medical support in the amount of $250 annually for unreimbursed medical expenses incurred for each child and/or spouse. Unreimbursed medical expenses of the obligee or children that exceed $250 annually shall be allocated between the parties. The party seeking allocation of unreimbursed medical expenses must provide documentation of expenses to the other party no later than March 31 s` of the year following the calendar year in which the final medical bill to be allocated was received. The unreimbursed medical expenses are to be paid as follows: 0% by Respondent and 100% by Petitioner. [X] Respondent [] Petitioner [] Neither party to provide medical insurance coverage. Within thirty (30) days after the entry of this order, the [] Petitioner [X] Respondent shall submit written proof that medical insurance coverage has been obtained or that application for coverage has been made. Proof of coverage shall consist, at a minimum, of. 1) the name of the health care coverage provider(s); 2) any applicable identification numbers; 3) any cards evidencing coverage; 4) the address to which claims should be made; 5) a description of any restrictions on usage, such as prior approval for hospital admissions, and the manner of obtaining approval; 6) a copy of the benefit booklet or coverage contract; 7) a description of all deductibles and co-payments; and 8) five copies of any claim forms. Other conditions: This Order is based upon Rule 1910.16-4(e) and further considers a mortgage deviation. The Respondent is to pay the retroactive arrears balance of $1941.10 in full on or before September 30, 2009 and made payable to PA SCDU, PO Box 69110, Harrisburg, PA 17106-9110. The Respondent is to make a direct payment, to the Petitioner, of 30% of any and all net profit sharing income (minus taxes only) within five (5) days upon receipt of said income with verification of the amount earned and paid to the Respondent forwarded to the Petitioner and the Domestic Relations Office. This Order shall become final twenty (20) after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Prothonotary for a hearing de novo before the Court. Mailed copies on: September 16, 2009 to: Petitioner Respondent Samuel L. Andes, Esq. Karen W. Miller, Esq. BY THE COURT, Edgar B. Bayley, J. DRO: R.J. Shadday FILED--C: OF THE ri _ r ,nT???? 2099 SEA' 15 P ", 2: 28 ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dirt. of CUMBERLAND Date of Order/Notice 09/15/09 Case Number (See Addendum for case summary) E mployer/With holder's Federal EIN Number E. I. ASSOCIATES C/O ATTN- SHELLEY LAZERATION BLDG 3 @ Origi nal Order/Notice OAmended order/Notice OTerminate Order/Notice OOne-Time Lump Sum/Notice Employee/Obligor's Name (Last, First, MI) 186-50-0306 Employee/Obligor's Social Security Number 1309102160 Employee/Obligor's Case Identifier (See Addendum for plaintiff names 2001 N FRONT ST associated with cases on attachment) HARRISBURG PA 17102-2118 Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 1,300.00 $ 0.00 $ 0.00 $ 0.00 per month in current child support per month in past-due child support per month in current medical support per month in past-due medical support per month in current spousal support per month in past-due spousal support per month for genetic test costs per month in other (specify) Arrears 12 weeks or greater? 0 yes ® no one-time lump sum payment for a total of $ 1,300.00 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: $ 300.00 per weekly pay period. $ 650.00 per semimonthly pay period (twice a month) $ 600.00 per biweekly pay period (every two weeks) $ 1, 300.00 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. I-he total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). Pennsylvania law (23 PA C.S. § 4374(b)) requires remittance by an electronic payment method if an employer is ordered to withhold income from more than one employee and employs 15 or more persons, or if an employer has a history of two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDAN ' E AND THE PACSES MEMBER ID (shown above as the EmployeelObligor's Case Identifier) OR SOrt SECURI ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. , t BY THE COURT: DRO: R. J. Shadday Service Type M OMB Nn.: 0970-01 S-1 891111095 09-5684 CIVIL RE:BARNHARDT, MARK S. C& Form EN-028 Rev.5 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS If checked you are required to provide a copy of this form to your employee. 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.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/ late of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 2229161690 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : CI THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 13 EMPLOYEE'S/OBLIGOR'S NAME: BARNHARDT, MARK S. EMPLOYEE'S CASE IDENTIFIER: 1309102160 LAST KNOWN HOME ADDRESS: -_- LAST KNOWN PHONE NUMBER: DATE OF SEPARATION: FINAL PAYMENT AMOUNT: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) 0 5 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks : If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 Service Type M OMB No.: 0970-0154 Form EN-028 Rev.5 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: BARNHARDT, MARK S. PACKS Case Number 891111095 PACSES Case Number Plaintiff Name Plaintiff Name LISA J. BARNHARDT Docket Attachment Amount Docket Attachment Amount 09-5689 CIVIL$ 1,300.00 $ 0.00 Child(ren)'s Name(s): DOB Chiid(ren)'s Name(s): PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 DOB Child(ren)'s Name(s): PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 DOB Child(ren)'s Name(s): DOB DOB DOB Addendum Form EN-028 Rev.5 Service Type M OMB No.: 0970-0154 Worker ID $IATT F+L 'OF THE 2009 SAP 10,- Pit h 2: 2 t.; c L" Karen W. Miller, Esquire Attorney I.D. #200037 Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110-1533 (717) 232-7661 Fax: (717) 232-2766 Attorneys for Defendant Mark S Barnhardt LISA J. BARNHARDT, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA VS. MARK S. BARNHARDT, Defendant No. 09-5684 Civil PACSES Case No. 891111095 CIVIL ACTION -LAW IN DIVORCE DEFENDANT'S MOTION TO REQUEST HEARING DE NOVO AND NOW comes the Defendant, Mark S. Barnhardt, by and through his attorneys, Caldwell & Kearns, P.C., and files the within Motion to Request Hearing De Novo; and in support thereof, avers the following: 1. On September 15, 2009, a conference was held before R.J. Shadday, Cumberland County Domestic Relations Conference Officer, upon Plaintiff's Motion for Conference and Hearing on Alimony Pendente Lite . A true and correct copy of Plaintiff's Motion is attached hereto as Exhibit "A". 2. On the aforesaid date, an Order of Court, addressing Alimony Pendente Lite, was issued. A true and correct copy of said Order is attached hereto as Exhibit "B". 3. Defendant requests a hearing de novo to appeal the Order of Court, issued on September 15, 2009, addressing Alimony Pendente Lite. 1 WHEREFORE, Defendant, Mark S. Barnhardt, respectfully requests that this Honorable Court GRANT his Motion to Request Hearing De Novo to appeal the Order of Court addressing Alimony Pendente Lite, and schedule a hearing in the matter. gym - L Kdren W. Miller, Esquire Attorney I.D. #200037 CALDWELL & KEARNS 3631 North Front Street Harrisburg, PA 17110 Dated: October 5, 2009 (717) 232-7661 Attorney for Defendant, Mark S. Barnhardt 09258-001/154261 2 t CERTIFICATE OF SERVICE AND NOW, this 54-,? day of Q &-ro6Eie , 2009, I hereby certify that I have served a copy of the within document on the following by depositing a true and correct copy of the same in the U.S. Mail at Harrisburg, Pennsylvania, postage prepaid, addressed to: Samuel L. Andes, Esquire 525 North 12th Street P. O. Box 168 Lemoyne, PA 17043 CALDWELL & KEARNS By: 1 3 LISA J. BARNHARDT, ) Plaintiff ) vs. ) MARK S. BARNHARDT, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. IN DIVORCE MOTION FOR CONFERENCE AND HEARING ON ALIMONY PENDENTE LITE AND NOW comes the above-named Plaintiff, by her attorney, Samuel L. Andes, and moves the court to assign this matter to the Domestic Relations Office for proceedings on Plaintiff's request for alimony pendente lite which was first raised in her Divorce Complaint, a copy of which is attached hereto and marked as Exhibit A. Samuel L. Andes Attorney for Plaintiff Supreme Court ID# 17225 525 North 12' Street P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 c ° r '. ? cz: ? VJ ? - G7 t ? rn w ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LISA J. BARNHARDT, ) Plaintiff ) vs. ) MARK S. BARNHARDT, ) Defendant ) CIVIL ACTION - LAW NO. IN DIVORCE DRS ATTACHMENT FOR APL PROCEEDINGS PETITIONER NAME Lisa J. Barnhardt ADDRESS 24 Mallard Court Mechanicsburg, PA 17055 BIRTH DATE 18 March 1958 SOCIAL SECURITY NUMBER 202-50-4797 HOME PHONE 717-503-3525 WORK PHONE 717-652-6605 EMPLOYER NAME Women's First Medical Center EMPLOYER ADDRESS Union Deposit Road, Harrisburg, PA JOB TITLE/POSITION Nurse DATE EMPLOYMENT COMMENCED 4 March 2009 GROSS PAY $240 per week NET PAY $400 for two weeks OTHER INCOME Social Security / Disability $1,800.00/month ATTORNEY'S NAME SAMUEL L. ANDES ATTORNEY'S ADDRESS 525 NORTH 12TH STREET LEMOYNE, PA 17043 ATTORNEY'S PHONE NUMBER 1 (717) 761-5361 RESPONDENT NAME Mark S. Barnhardt ADDRESS 832 Flintlock Ridge Road Mechanicsburg, PA 17055 BIRTH DATE 2 March 1957 SOCIAL SECURITY NUMBER 186-50-0306 HOME PHONE WORK PHONE EMPLOYER NAME El Associates Architects & Engineers EMPLOYER ADDRESS 8 Ridgedale Avenue Cedar Knolls, NJ 07927 JOB TITLE/POSITION Architect DATE EMPLOYMENT COMMENCED Prior to 2006 GROSS PAY $110,000.00 (est'd) NET PAY $4,550.00 / bi-weekly OTHER INCOME Unknown ATTORNEY'S NAME Unknown ATTORNEY'S ADDRESS Unknown ATTORNEY'S PHONE NUMBER T Unknown MARRIAGE INFORMATION DATE OF MARRIAGE 21 July 1981 PLACE OF MARRIAGE Lebanon, Pennsylvania DATE OF SEPARATION June, 2009 ADDRESS OF LAST MARITAL HOME 832 Flintlock Ridge Road Mechanicsburg, PA 17055 DESCRIPTION OF DOCUMENT RAISING APL CLAIM Divorce Complaint DATE APL DOCUMENT FILED LISA J. BARNHARDT, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 09-5684 CIVIL TERM MARK S. BARNHARDT, IN DIVORCE Defendant/Respondent : PACSES Case No: 891111095 ORDER OF COURT AND NOW, this 15th day of September 2009, based upon the Court's determination that the etitioner's monthly net income/earning capacity is $ 2,064.00 and the Respondent's monthly net income/earning capacity is $ 6,951.38, it is hereby ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit One Thousand Three Hundred and 00/100 Dollars ($ 1,300.00) per month payable biweekly as follows: $ 1,300.00 per month for Alimony Pendente Lite and $ 0.00 per month on arrears. First payment due: in accordance with Respondent's pay schedule. The effective date of the order is August 17, 2009. Arrears set at $ 1,941.10 as of September 15, 2009. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa.C.S.§ 3703. Further, if the Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and, at its discretion, make an appropriate Order, including, but not limited to, commitment of the Respondent to prison for a period not to exceed six months. Said money to be turned over by the PA SCDU to: Lisa J. Barnhardt. Payments must be made by check or money order. All checks and money orders must be made payable to PA SCDU and mailed to: PA SCDU P.O. Box 69110 Harrisburg, PA 17106-9110 Payments must include the Respondent's name with their PACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. cc360 The monthly support obligation includes cash medical support in the amount of $250 annually for unreimbursed medical expenses incurred for each child and/or spouse. Unreimbursed medical expenses of the obligee or children that exceed $250 annually shall be allocated between the parties. The parry seeking allocation of unreimbursed medical expenses must provide documentation of expenses to the other parry no later than March 3 of the year following the calendar year in which the final medical bill to be allocated was received. The unreimbursed medical expenses are to be paid as follows: 0% by Respondent and 100% by Petitioner. [X] Respondent [] Petitioner [] Neither party to provide medical insurance coverage. Within thirty (30) days after the entry of this order, the [] Petitioner [X] Respondent shall submit written proof that medical insurance coverage has been obtained or that application for coverage has been made. Proof of coverage shall consist, at a minimum, of 1) the name of the health care coverage provider(s); 2) any applicable identification numbers; 3) any cards evidencing coverage; 4) the address to which claims should be made; 5) a description of any restrictions on usage, such as prior approval for hospital admissions, and the manner of obtaining approval, 6) a copy of the benefit booklet or coverage contract; 7) a description of all deductibles and co-payments: and 8) five copies of any claim forms. Other conditions: This Order is based upon Rule 1910.16-4(e) and further considers a mortgage deviation. The Respondent is to pay the retroactive arrears balance of $1941.10 in full on or before September 30, 2009 and made payable to PA SCDU, PO Box 69110, Harrisburg, PA 17106-9110. The Respondent is to make a direct payment, to the Petitioner, of 30°ro of any and all net profit sharing income (minus taxes only) within five (5) days upon receipt of said income with verification of the amount earned and paid to the Respondent forwarded to the Petitioner and the Domestic Relations Office. This Order shall become final twenty (20) after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Prothonotary for a hearing de novo before the Court. Mailed copies on: September 16 2009 to: Petitioner Respondent Samuel L. Andes, Esq. Karen W. Miller. Esq. BY THE COURT, Edgar B. Bayley. DRO: R.J. Shadday OF THc 2009 OCT -6 Pry 1: 42 Lii rr ii_ 1} a?V Karen W. Miller, Esquire Attorney I.D. #200037 Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110-1533 (717) 232-7661 Fax: (717) 232-2766 Attorneys for Defendant Mark S. Barnhardt LISA J. BARNHARDT, Plaintiff vs. MARK S. BARNHARDT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA No. 09-5684 Civil PACSES Case No. 891111095 CIVIL ACTION -LAW IN DIVORCE DEFENDANT'S AMENDED MOTION TO REQUEST HEARING DE NOVO AND NOW comes the Defendant, Mark S. Barnhardt, by and through his attorneys, Caldwell & Kearns, P.C., and files the within Amended Motion to Request Hearing De Novo; and in support thereof, avers the following: 1. On September 15, 2009, a conference was held before R.J. Shadday, Cumberland County Domestic Relations Conference Officer, upon Plaintiff s Motion for Conference and Hearing on Alimony Pendente Lite . A true and correct copy of Plaintiff s Motion is attached hereto as Exhibit "A". 2. On the aforesaid date, an Order of Court, addressing Alimony Pendente Lite, was issued. A true and correct copy of said Order is attached hereto as Exhibit "B". 3. Defendant requests a hearing de novo to appeal the Order of Court, issued on September 15, 2009, addressing Alimony Pendente Lite, on the grounds of: a. the claimed earning capacity of the Plaintiff at the conference; b. Defendant's medical expenses; and c. Defendant's unusual fixed obligations. WHEREFORE, Defendant, Mark S. Barnhardt, respectfully requests that this Honorable Court GRANT his Amended Motion to Request Hearing De Novo to appeal the Order of Court addressing Alimony Pendente Lite, and schedule a hearing in the matter. By: w,. J?tUL r?renW. Miller, Esquire Attorney I.D. #200037 CALDWELL & KEARNS 3631 North Front Street Harrisburg, PA 17110 Dated: October 6, 2009 (717) 232-7661 Attorney for Defendant, Mark S. Barnhardt 09258-001/154261 2 CERTIFICATE OF SERVICE AND NOW, this 64day of ()&roP FP- , 2009, I hereby certify that I have served a copy of the within document on the following by depositing a true and correct copy of the same in the U.S. Mail at Harrisburg, Pennsylvania, postage prepaid, addressed to: Samuel L. Andes, Esquire 525 North 12th Street P. O. Box 168 Lemoyne, PA 17043 CALDWELL & KEARNS By: LISA J. BARNHARDT, Plaintiff vs. MARK S. BARNHARDT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA } CIVIL ACTION - LAW NO. IN DIVORCE MOTION FOR CONFERENCE AND HEARING ON ALIMONY PENDENTE LITE AND NOW comes the above-named Plaintiff, by her attorney, Samuel L. Andes, and moves the court to assign this matter to the Domestic Relations Office for proceedings on Plaintiff's request for alimony pendente lite which was first raised in her Divorce Complaint, a copy of which is attached hereto and marked as Exhibit A. Samuel L. Andes Attorney for Plaintiff Supreme Court ID# 17225 525 North 12' Street P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LISA J. BARNHARDT, ) Plaintiff ) vs. ) MARK S. BARNHARDT, ) Defendant ) CIVIL ACTION - LAW NO. IN DIVORCE DRS ATTACHMENT FOR APL PROCEEDINGS PETITIONER NAME. Lisa J. Barnhardt ADDRESS 24 Mallard Court Mechanicsburg, PA 17055 BIRTH DATE 18 March 1958 SOCIAL SECURITY NUMBER 202-50-4797 HOME PHONE 717-503-3525 WORK PHONE 717-652-6605 EMPLOYER NAME Women's First Medical Center EMPLOYER ADDRESS Union Deposit Road, Harrisburg, PA JOB TITLE/POSITION Nurse DATE EMPLOYMENT COMMENCED 4 March 2009 GROSS PAY $240 per week NET PAY $400 for two weeks OTHER INCOME Social Security / Disability $1,800.00/month ATTORNEY'S NAME SAMUEL L. ANDES ATTORNEY'S ADDRESS 525 NORTH 12TH STREET LEMOYNE, PA 17043 ATTORNEY'S PHONE NUMBER (717) 761-5361 RESPONDENT NAME Mark S. Barnhardt ADDRESS 832 Flintlock Ridge Road Mechanicsburg, PA 17055 BIRTH DATE 2 March 1957 SOCIAL SECURITY NUMBER 186-50-0306 HOME PHONE WORK PHONE EMPLOYER NAME El Associates Architects & Engineers EMPLOYER ADDRESS 8 Ridgedale Avenue Cedar Knolls, NJ 07927 JOB TITLE/POSITION Architect DATE EMPLOYMENT COMMENCED Prior to 2006 GROSS PAY $110,000.00 (est'd) NET PAY $4,550.00 / bi-weekly OTHER INCOME Unknown ATTORNEY'S NAME Unknown ATTORNEY'S ADDRESS Unknown ATTORNEY'S PHONE NUMBER Unknown MARRIAGE INFORMATION DATE OF MARRIAGE 21 July 1981 PLACE OF MARRIAGE Lebanon, Pennsylvania DATE OF SEPARATION June, 2009 ADDRESS OF LAST MARITAL HOME 832 Flintlock Ridge Road Mechanicsburg, PA 17055 DESCRIPTION OF DOCUMENT RAISING APL CLAIM Divorce Complaint DATE APL DOCUMENT FILED LISA J. BARNHARDT, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 09-5684 CIVIL TERM MARK S. BARNHARDT, IN DIVORCE Defendant/Respondent : PACSES Case No: 891111095 ORDER OF COURT AND NOW, this 15th day of September 2009, based upon the Court's determination that the etitioner's monthly net income/earning capacity is $ 2,064.00 and the Respondent's monthly net income/earning capacity is $ 6,951.38, it is hereby ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit One Thousand Three Hundred and 00/100 Dollars ($ 1,300.00) per month payable biweekly as follows: $ 1,300.00 per month for Alimony Pendente Lite and $ 0.00 per month on arrears. First payment due: in accordance with Respondent's pay schedule. The effective date of the order is August 17, 2009. Arrears set at $ 1,941.10 as of September 15, 2009. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa.C.S.§ 3703. Further, if the Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and, at its discretion, make an appropriate Order, including, but not limited to, commitment of the Respondent to prison for a period not to exceed six months. Said money to be turned over by the PA SCDU to: Lisa J. Barnhardt. Payments must be made by check or money order. All checks and money orders must be made payable to PA SCDU and mailed to: PA SCDU P.O. Box 69110 Harrisburg, PA 17106-9110 Payments must include the Respondent's name with their PACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. cc360 The monthly support obligation includes cash medical support in the amount of $250 annually for unreimbursed medical expenses incurred for each child and/or spouse. Unreimbursed medical expenses of the obligee or children that exceed $250 annually shall be allocated between the parties. The party seeking allocation of unreimbursed medical expenses must provide documentation of expenses to the other party no later than March 31st of the year following the calendar year in which the final medical bill to be allocated was received. The unreimbursed medical expenses are to be paid as follows: 0% by Respondent and 100% by Petitioner. [X] Respondent [] Petitioner [] Neither party to provide medical insurance coverage. Within thirty (30) days after the entry of this order, the [] Petitioner [X] Respondent shall submit written proof that medical insurance coverage has been obtained or that application for coverage has been made. Proof of coverage shall consist, at a minimum, of 1) the name of the health care coverage provider(s); 2) any applicable identification numbers; 3) any cards evidencing coverage; 4) the address to which claims should be made; 5) a description of any restrictions on usage, such as prior approval for hospital admissions, and the manner of obtaining approval-, 6) a copy of the benefit booklet or coverage contract; 7) a description of all deductibles and co-payments: and 8) five copies of any claim forms. Other conditions: This Order is based upon Rule 1910.16-4(e) and further considers a mortgage deviation. The Respondent is to pay the retroactive arrears balance of $1941.10 in full on or before September 30, 2009 and made payable to PA SCDU, PO Box 69110, Harrisburg, PA 17106-9110. The Respondent is to make a direct payment, to the Petitioner, of 30% of any and all net profit sharing income (minus taxes only) within five (5) days upon receipt of said income with verification of the amount earned and paid to the Respondent forwarded to the Petitioner and the Domestic Relations Office. This Order shall become final twenty (20) after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Prothonotary for a hearing de novo before the Court. Mailed copies on: September 16, 2009 to: Petitioner Respond t ( uel ?Andg Esq S . , ??en i?Nlille??sq. ? c J dIJ Q_ to LLJ f- CZ) U_ Cm DROR.J.addo V BY THE COURT. Edgar B. Bayley.. J. LISA J. BARNHARDT, Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 09-5684 Civil PACSES Case No. 891111095 MARK S. BARNHARDT, CIVIL ACTION -LAW Defendant IN DIVORCE PRAECIPE TO REQUEST A HEARING DE NOVO TO THE PROTHONOTARY: The undersigned, Mark S. Barnhardt, Defendant in the above action, does hereby request a hearing De Novo before the Court, to address the Alimony Pendente Lite Order of Court issued on September 15, 2009. Date: K en W. Miller, Esquire Attorney I.D. #200037 CALDWELL & KEARNS 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Attorney for Defendant, Mark S. Barnhardt 09258-001/154244 CERTIFICATE OF SERVICE AND NOW, this b-?-A day of QCT066R , 2009, I hereby certify that I have served a copy of the within document on the following by depositing a true and correct copy of the same in the U.S. Mail at Harrisburg, Pennsylvania, postage prepaid, addressed to: Samuel L. Andes, Esquire 525 North 12th Street P. O. Box 168 Lemoyne, PA 17043 CALDWELL & KEARNS By: 61" FILEU.- CE OF THE: PPOTHONIOTARY 2009 OC T -5 Fib 1: 42 r:?. In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION LISA J. BARNHARDT, Petitioner vs. Docket Number PACSES Case Number Other State ID Number d1-'-0q 68=499$-CIVIL MARK S. BARNHARDT, Respondent ORDER OF COURT 891111095 You, MARK S. BARNHARDT, of 832 Flintlock Ridge Road, Mechanicsburg, Pennsylvania 17055-4918-32 are ordered to appear at the DOMESTIC RELATIONS hearing room, c/o Hearing Room, DOMESTIC RELATIONS OFFICE, 13 North Hanover Street, Carlisle, Pennsylvania 17013 on the 16th of December at 10:30 a.m. for a hearing. You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income Statement and the appropriate Expense Statement, if required, attached to this order, completed as required by Rule 1910.11(c), 4. verification of child care expenses and, 5. proof of medical coverage which you may have, or may have available to you, 6. information relating to professional licenses, 7. other: BARNHARDT V. BARNHARDT PACSES Case Number 891111095 If you fail to appear for the hearing or to bring the required documents, the court may issue a warrant for your arrest and/or enter an interim Support order. THE APPROPRIATE COURT OFFICER MAY ENTER AN ORDER AGAINST EITHER PARTY BASED UPON THE EVIDENCE PRESENTED WITHOUT REGARD TO WHICH PARTY INITIATED THE SUPPORT ACTION. CTH%r C \ CAA Date of Order: Edgar B. Bayley, JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 Bedford Street Carlisle, PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office at (717)240-6225. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. 7009 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION 0 - ?;V'N LISA J. BARNHARDT, ) Docket Number 0&:4990-CIVIL Petitioner ) vs. ) PACSES Case Number 891111095 MARK S. BARNHARDT, ) Other State ID Number Respondent ) ORDER OF COURT You, LISA J. BARNHARDT, of 24 Mallard Court, Mechanicsburg, Pennsylvania 17055-4365-24 are ordered to appear at the DOMESTIC RELATIONS hearing room, c/o Hearing Room, DOMESTIC RELATIONS OFFICE, 13 North Hanover Street, Carlisle, Pennsylvania 17013 on the 16th of December at 10:30 a.m. for a hearing. You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income Statement and the appropriate Expense Statement, if required, attached to this order, completed as required by Rule 1910.11(c), 4. verification of child care expenses and, 5. proof of medical coverage which you may have, or may have available to you, 6. information relating to professional licenses, 7. other: BARNHARDT V. BARNHARDT PACKS Case Number 891111095 If you fail to appear for the hearing or to bring the required documents, the court may issue a warrant for your arrest and/or enter an interim Support order. THE APPROPRIATE COURT OFFICER MAY ENTER AN ORDER AGAINST EITHER PARTY BASED UPON THE EVIDENCE PRESENTED WITHOUT REGARD TO WHICH PARTY INITIATED THE SUPPORT ACTION. BY THE COURT: Date of Order: 10-77-0 q XX ?7f -., A Edg ey, JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 Bedford Street Carlisle, PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office at (717)240-6225. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. FiL??r ?.; Ww '? Po'x'' r,`OTARY 2099 GOT -5 F 2'. 50 LISA J. BARNHARDT, Plaintiff vs. MARK S. BARNHARDT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 09-5684 Civil CIVIL ACTION -LAW IN DIVORCE PRAECIPE TO WITHDRAW DEFENDANT'S REQUEST FOR MARRIAGE COUNSELING The undersigned, Mark S. Barnhardt, Defendant in the above divorce action, does hereby request the withdrawal of his formal notice of Defendant's Request for Marriage Counseling. Date: I l) 1,5 1 um K en W. Miller, Esquire Attorney I.D. #200037 CALDWELL & KEARNS 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Attorney for Defendant, Mark S. Barnhardt 09258-001/154650 r CERTIFICATE OF SERVICE AND NOW, this I-S-4 day of QGTobeR , 2009, I hereby certify that I have served a copy of the within document on the following by depositing a true and correct copy of the same in the U.S. Mail at Harrisburg, Pennsylvania, postage prepaid, addressed to: Samuel L. Andes, Esquire 525 North 12th Street P. O. Box 168 Lemoyne, PA 17043 CALDWELL & KEARNS By: h FILE'D n, tu09 0IC 16 P 2: i 3 LISA J. BARNHARDT, Plaintiff/Petitioner VS. MARK S. BARNHARDT, Defendant/Respondent THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -DIVORCE NO. 09-5684 CIVIL TERM ~~ .rs.} 4'..~. ._ IN DIVORCE `~``-` PACSES CASE NO: 891111095 ~, '.' 1'' ~.' ORDER OF COURT N l..- ~.~. ~__ c:-~ G+1 ~~ ` ;; _~ :~ . ; ~_. --~ ,-~.° -, ;.~. .~{ ~' AND NOW, this 15th day of July, 2010, a petition has been filed against you, Mark S. Barnhardt, 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 August 11, 2010 at 1:30 P.M. for a conference and to remain until dismissed by the Court. If you fail to appear as provided in this Order, an Order of Court may be entered against you. You are further ordered to bring to the conference: (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 the Rule 1910.11. (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. Copies mailed to: Petitioner Respondent Samuel L. Andes, Esq. Hubert X. Gilroy, Esq. Date of Order: July 15, 2010 BY THE COURT, Edward E„~Cli~, ~~ Judge YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc3b1 LISA J. BARNHARDT, Plaintiff/Petitioner VS. MARK S. BARNHARDT, DefendandRespondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -DIVORCE NO. 09-5684 CIVIL TERM IN DIVORCE PACSES CASE: 891111095 r~ ~ r.» 4+J ~+•" (^.~ -,^~ f:',' ~ x, , - i ~ -' ,_ ....~ ~ -,.. :, ~':::. .• _._ .,' -~ cp ~, _:i :~-J ~,:.: __, ;~.. ':',~ ORDER OF COURT AND NOW to wit, this 11th day of August, 2010, it is hereby Ordered that the Petition to Modify, filed July 9, 2010, is dismissed, without prejudice, pursuant to the Petitioner withdrawing said petition. The Order of September 15, 2009 remains in its entirety. This Order shall become final twenty (20) days after the mailing of the notices of the entry of the Order to the parties unless either party files a written demand with the Office of the Prothonotary for a hearing de novo before the Court. BY THE COURT: Edward E. i J. DRO: R.J. Shadday xc: Petitioner Respondent Samuel L. Andes, Esq.. Hubert X. Gilroy, Esq. Form 0E-001 Service Type: M Worker: 21005 LISA J. BARNHARDT, Plaintiff vs. MARK S. BARNHARDT, Defendant ~~ ~l~.F{g~~ ~F~f~i~~ LJ 1 v lJ'.,~~ i ~f t~~'"~k~~~E:~ r„~~ Ct~tl~~~ !~.,, ._ . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 09-5684 CIVIL TERM IN DIVORCE MOTION TO COMPEL AND NOW comes the above-named Plaintiff, by her attorney, Samuel L. Andes, and moves the court to compel the Defendant to answer Plaintiff's discovery, based upon the following: 1. The moving party herein is the Plaintiff. The responding party herein is the Defendant. 2. On 31 July 2010, Plaintiff, by her counsel, served a Request for Production of Documents and Things upon Defendant's counsel. A copy of that Request is attached hereto and marked as EXHIBIT A. i 3. Since the service of her Request by Plaintiff, she has received documents identified in Paragraphs 1 and 3 of her Request. However, Defendant has failed to provide any of the other I j documents identified in Plaintiff s Request and has failed to file an Answer to that Request as required by the Rules of Civil Procedure. 4. Plaintiff needs the documents she has requested to advance this case. Defendant's refusal to provide them is causing Plaintiff unnecessary expense and inconvenience. I! 5. Prior orders in this matter have been entered by the Honorable Edgar B. Bayley. ~ 6. Plaintiff has provided a copy of this Motion to Defendant's counsel and understands that Defendant does not concur in the relief request herein. WHEREFORE, Plaintiff moves this court to enter an order compelling Defendant to provide the documents identified in Plaintiff's Request for Production of Documents and Things within ten (10) days of the date of service of the Order. Samue L. Andes Attorney for Plaintiff Supreme Court ID 17225 525 North 12th Street P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: I ~ • ~' SAMUEL L. ES CERTIFICATE OF SERVICE I hereby certify that I served an original of the foregoing document upon the Defendant herein by regular mail, postage prepaid, addressed as follows: Hubert X. Gilroy, Esquire 10 East High Street Carlisle, PA 17013 Date: 5 October 2010 1 Amy M. ins Se tart' for Samuel L. Andes EXHIBIT'A ___ LISA J. B T, Plaintiff vs. MARIA S. BARN]HARDT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 09-5684 CIVIL TERM IN DNORCE REQUEST FOR PRODUCTION OF DOCUMENTS AND THINGS TO: Mr. Mark S. Barnhardt c/o Hubert X. Gilroy, Esquire 10 East High Street Carlisle, PA 17013 You are requested, in accordance with Pa. R.C.P. 4009, to deliver to the office of the undersigned at 525 North 12~' Street, Lemoyne, Pennsylvania, or otherwise make arrangements reasonably satisfactory to the undersigned, for his inspection or examination, copies of the following documents, articles, and things, within thirty (30) days of the date of this Request. For purposes of this Request, all computer records and information available on computer records or within computer programs, should be included within the Request for Production. That is, this Request is not limited to documents or "hard copies" of records;-but should include computer records, tapes, disks, and other media as well as paper documents. All Explanation of Benefits or other verification of insurance payments made to you or any medical provider for any services provided to the Plaintiff in this matter from 1 June 2009 to the present. Page 1 of 4 2. Copies of all payments, checks, correspondence, or other documents which will reflect or confirm any payments made to you from any medical reimbursement program operated by your employer or otherwise available for your benefit. 3. A copy of your 2009 tax return, signed and as filed. 4. Copies of your most recent paycheck stub showing your earnings for the year to date. 5. Copies of canceled checks, bank statements, or other documents which will confirm your receipt of any income tax refund for tax years 2008 or 2009 and the disposition of those funds. 6. Copies of any employment agreement you have with your current employer. 7. Copies of letters, agreements, or other documents which outline or describe the terms of your compensation with your present employer. 8. Copies of any shareholder agreements, membership agreements, or other documents which will reflect any ownership interest you have in your present employer or any ownership interest you have had in that employer at any time during the past five (5) years. 9. Copies of statements or other documents which will reflect or confirm the balance in or value of any retirement account owned or held by your held by any other person or party for your benefit. The statement should be for the period 1 January 2008 to the present. 10. Copies of deeds to any real estate in which you own an interest, either directly and personally or through any partnership, limited liability company, or other entity. 11. Copies of statements, for the period 1 January 2008 to the present, for any financial accounts or financial assets you hold or held during that time in any bank, credit union, or other financial institution, including mutual funds, corporations, and the like. 12. Copies of statements showing the balance owed and any activity in any credit card or other credit accounts you have held from 1 January 2008 to the present. The statements requested are for the period 1 January 2008 to the present and for any credit account held in your name, individually or with anyone else, on which you are entitled to make charges on which you have made charges during that period of time. Page 2 of 4 13. Copies of the check registry or other record you keep of disbursements for any bank account or other account or asset in any financial institution that you used to pay your household expenses, your personal expenses, or other regulaz or routine expenses for yourself or your household. 14. Copies of any reports or correspondence you have from any physician or health care provider which support any claim you have of medical disability or any medical condition which you claim affects and limits your ability to hold gainful employment or which otherwise causes you expense above and beyond insurance coverage. S L. Andes Attorney for Plaintiff Supreme Court ID 17225 525 North 12~' Street P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 Page 3 of 4 CERTIFICATE OF SERVICE I hereby certify that I served an original of the foregoing document upon the Defendant herein by regular mail, postage prepaid, addressed as follows: Hubert X. Gilroy, Esquire 10 East High Street Carlisle, PA 17013 Date: 21 July 2010 Amy arkins ecretary for Samuel L. Andes Page 4 of 4 OCT o 7 200 q ;?it j i"Fi Z 0 rY CIJL F,E! t A .13 t?0U''S 9 LISA J. B T, ) Plaintiff ) VS. ) MARIA S. BARNHARDT, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 09-5684 CIVIL TERM IN DIVORCE ORDER OF COURT AND NOW this //'' day of oCh 6-<-? , 2010, upon consideration of the attached Motion to Compel, a Rule is hereby issued upon the Defendant, to show cause, if any he has, why this court should not compel him to file an Answer and provide the documents identified in Plaintiff s Request for Production within ten (10) days of the date of this court's order. The Rule shall be served upon Defendant's counsel of record by regular mail and shall be returnable Z ° days from the date of service. BY THE COURT, Distribution: Samuel L. Andes, Esquire (Attorney for Plaintiff) / 525 North 12`" Street, P.O. Box 168, Lemoyne, PA Hubert X. Gilroy, Esquire (Attorney for Defendant) 10 East High Street, Carlisle, PA 17013 (20 P t e-S !l?IIJ 17043 i t "1( (? tr't 0 t [I?Y Iii; C'3 OCT 0 7 2010 1 t, eF?-1 aiwnlt ,rl V,I 1 ,R1 P? LISA J. B T, ) Plaintiff ) vs. ) MARK S. B T, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 09-5684 CIVIL TERM IN DIVORCE MOTION TO COMPEL AND NOW comes the above-named Plaintiff, by her attorney, Samuel L. Andes, and moves the court to compel the Defendant to answer Plaintiff s discovery, based upon the following: 1. The moving party herein is the Plaintiff. The responding party herein is the Defendant. 2. On 31 July 2010, Plaintiff, by her counsel, served a Request for Production of Documents and Things upon Defendant's counsel. A copy of that Request is attached hereto and marked as EXHIBIT A. 3. Since the service of her Request by Plaintiff, she has received documents identified in Paragraphs 1 and 3 of her Request. However, Defendant has failed to provide any of the other documents identified in Plaintiff's Request and has failed to file an Answer to that Request as required by the Rules of Civil Procedure. 4. Plaintiff needs the documents she has requested to advance this case. Defendant's refusal to provide them is causing Plaintiff unnecessary expense and inconvenience. 5. Prior orders in this matter have been entered by the Honorable Edgar B. Bayley. 6. Plaintiff has provided a copy of this Motion to Defendant's counsel and understands that Defendant does not concur in the relief request herein. WHEREFORE, Plaintiff moves this court to enter an order compelling Defendant to provide the documents identified in Plaintiff s Request for Production of Documents and Things within ten (10) days of the date of service of the Order. e-? Samue L. Andes Attorney for Plaintiff Supreme Court ID 17225 525 North 12t' Street P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unworn falsification to authorities). Date: 10.5.)D SAMUEL L. Ai?bES CERTIFICATE OF SERVICE I hereby certify that I served an original of the foregoing document upon the Defendant herein by regular mail, postage prepaid, addressed as follows: Hubert X. Gilroy, Esquire 10 East High Street Carlisle, PA 17013 Date: 5 October 2010 Amy M. ins Secre tary for Samuel L. Andes EXHIBIT1A LISA J. B T, Plaintiff VS. MARK S. B T, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 09-5684 CIVIL TERM IN DIVORCE REQUEST FOR PRODUCTION OF DOCUMENTS AND THINGS TO: Mr. Mark S. Barnhardt c/o Hubert X. Gilroy, Esquire 10 East High Street Carlisle, PA 17013 You are requested, in accordance with Pa. R.C.P. 4009, to deliver to the office of the undersigned at 525 North 12' Street, Lemoyne, Pennsylvania, or otherwise make arrangements reasonably satisfactory to the undersigned, for his inspection or examination, copies of the following documents, articles, and things, within thirty (30) days of the date of this Request. For purposes of this Request, all computer records and information available on computer records or within computer programs, should be included within the Request for Production. That is, this Request is not limited to documents or "hard copies" of records, -but should include computer records, tapes, disks, and other media as well as paper documents. 1. All Explanation of Benefits or other verification of insurance payments made to you or any medical provider for any services provided to the Plaintiff in this matter from 1 June 2009 to the present. Page 1 of 4 2. Copies of all payments, checks, correspondence, or other documents which will reflect or confirm any payments made to you from any medical reimbursement program operated by your employer or otherwise available for your benefit. 3. A copy of your 2009 tax return, signed and as filed. 4. Copies of your most recent paycheck stub showing your earnings for the year to date. 5. Copies of canceled checks, bank statements, or other documents which will confirm your receipt of any income tax refund for tax years 2008 or 2009 and the disposition of those funds. 6. Copies of any employment agreement you have with your current employer. 7. Copies of letters, agreements, or other documents which outline or describe the terms of your compensation with your present employer. 8. Copies of any shareholder agreements, membership agreements, or other documents which will reflect any ownership interest you have in your present employer or any ownership interest you have had in that employer at any time during the past five (5) years. 9. Copies of statements or other documents which will reflect or confirm the balance in or value of any retirement account owned or held by your held by any other person or party for your benefit. The statement should be for the period 1 January 2008 to the present. 10. Copies of deeds to any real estate in which you own an interest, either directly and personally or through any partnership, limited liability company, or other entity. 11. Copies of statements, for the period 1 January 2008 to the present, for any financial accounts or financial assets you hold or held during that time in any bank, credit union, or other financial institution, including mutual funds, corporations, and the like. 12. Copies of statements showing the balance owed and any activity in any credit card or other credit accounts you have held from 1 January 2008 to the present. The statements requested are for the period 1 January 2008 to the present and for any credit account held in your name, individually or with anyone else, on which you are entitled to make charges on which you have made charges during that period of time. Page 2 of 4 13. Copies of the check registry or other record you keep of disbursements for any bank account or other account or asset in any financial institution that you used to pay your household expenses, your personal expenses, or other regular or routine expenses for yourself or your -household. 14. Copies of any reports or correspondence you have from any physician or health care provider which support any claim you have of medical disability or any medical condition which you claim affects and limits your ability to hold gainful employment or which otherwise causes you expense above and beyond insurance coverage. cs;?X?" S L. Andes Attorney for Plaintiff Supreme Court ID 17225 525 North 126' Street P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 Page 3 of 4 CERTIFICATE OF SERVICE I hereby certify that I served an original of the foregoing document upon the Defendant herein by regular mail, postage prepaid, addressed as follows: Hubert X. Gilroy, Esquire 10 East High Street Carlisle, PA 17013 Date: 21 July 2010 Amy 'W. ecretary for Samuel L. Andes Page 4 of 4 `j^,F E L}}~EYfJ - O x+- y;F~1 f ~{}.~E j (~`{~ ~7( ~~ 1 i:~ 1 !!~ ~ 1~1•d ~i `~'~l~~S I ~~ ~ f~ ~~~ { J 4~ ~ i ;~ 3J ~.I~~tCJ I ~~~~~+uie~n LISA J. B T, ) IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW vs. ) NO. 09-5684 Civil Term IN DIVORCE MARK S. B T, ) PACSES Case No. 891111095 Defendant ) PETITION TO ENFORCE AND NOW comes the above-named Plaintiff, by her attorney Samuel L. Andes, and petitions the court to enforce its order of 15 September 2009, based upon the following: 1. The moving party herein is the Plaintiff. The responding party herein is the Defendant. 2. Plaintiff and Defendant are husband and wife. This court entered an order for alimony pendente lite dated 15 September 2009, a copy of which order is attached hereto and marked as EXHIBIT A. 3. The said order provides that Defendant is to report and pay a portion of any bonus payments he receives to Plaintiff. The order specifically provides: The Respondent is to make a direct payment, to the Petitioner, of 30% of any and all net profit sharing income (minus taxes only) within five days after receipt of said income with verification of the amount earned and paid to the Respondent forwarded to the Petitioner and the Domestic Relations Office. 4. Since the entry of the order, Defendant has received at least two, and apparently three, additional payments of profit sharing from his employer. 5. Defendant has failed to pay to Plaintiff any portion of the additional payments he received from his employer and has failed to report or disclose those payments to Plaintiff or to the Domestic Relations Office. 6. The said order requires Defendant to provide medical insurance for the benefit of Plaintiff. 7. Plaintiff believes that Defendant has maintained health insurance on her. However, Defendant has received and retained the reimbursement payments made by the insurance company and failed to pay them over to the physicians and other providers who have treated Plaintiff. 8. Defendant's retention of the funds paid by the insurance carrier is improper and, as a result of Defendant's improper retention of those funds, Plaintiff s physicians and other medical providers have not been paid. 9. Defendant, by his conduct, has violated the order of 15 September 2009 and his violation of that order has caused Plaintiff significant loss and prejudice. 10. Prior orders in this matter have been entered by the Honorable Edgar B. Bayley, Judge. 11. Plaintiff has provided a copy of this Petition to Defendant's counsel and understands that Defendant does not concur in the relief requested by Plaintiff herein. WHEREFORE, Plaintiff prays this court to enforce its order of 15 September 2010 by taking the following actions: A. Order and compel Defendant to account for all payments beyond his salary that he has received from his employer since the effective date of the order; B. Order and compel Defendant to pay over to Plaintiff, immediately, 30% of all such bonus payment, net only of income and social security taxes, plus interest from the date Defendant received those payments until such time as he makes the payment to Plaintiff, at the legal rate of 6% per annum; C. Order and compel Defendant to account for all reimbursements he has received from the health insurance carrier on account of medical treatments received by Plaintiff since the effective date of the order; D. Order and compel Defendant to pay over to the medical groups providing care to Plaintiff, which reimbursement has been made by the health insurance company, plus interest on such sums from the date they were received by Defendant until the date he makes payment to the health care providers, at the rate of 6% per annum; and E. Order and decree such other matters as the court deems appropriate or necessary to pr~t~ect the rights of Plaintiff in this matter. Samuel L. Andes Attorney for Plaintiff Supreme Court ID # 17225 525 North 12~' Street P.O. Box 168 Lemoyne, Pa 17043 (717) 761-5361 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: ' °f 3~i ° /st LISA J. B T e CERTIFICATE OF SERVICE I hereby certify that I served an original of the foregoing document upon the Defendant herein by regular mail, postage prepaid, addressed as follows: Hubert X. Gilroy, Esquire 10 East High Street Carlisle, PA 17013 Date: 14 October 2010 Amy arkins cretary for Samuel L. Andes EXHIBIT A ~- LISA J. BARNHARDT, Plaintiff/Petitioner VS. MARK S. BARNHARDT, DefendantlRespondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -DIVORCE NO. 09-5684 CIVIL TERM IN DIVORCE PACSES Case No: 891111095 ORDER OF COURT AND NOW, this 15th day of September 2009, based upon the Court's determination that the etitioner's monthly net income/earning capacity is $ 2,064.00 and the Respondent's monthly net income/earning capacity is $ 6,951.38, it is hereby ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit One Thousand Three Hundred and 00/100 Dollars ($ 1,300.00) per month payable biweekly as follows: $ 1,300.00 per month for Alimony Pendente Lite and $ 0.00 per month on arrears. First payment due: in accordance with Respondent's pay schedule. The effective date of the order is August 17, 2009. Arrears set at $ 1,941.10 as of September 15, 2009. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa.C.S.§ 3703. Further, if the Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and, at its discretion, make an appropriate Order, including, but not limited to, commitment of the Respondent to prison for a period not to exceed six months. Said money to be turned over by the PA SCDU to: Lisa J. Barnhazdt. Payments must be made by check or money order. All checks and money orders must be made payable to PA SCDU and mailed to: PA SCDU P.O. Box 69110 Harrisburg, PA 17106-9110 Payments must include the Respondent's name with their PACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. cc360 The monthly support obligation includes cash medical support in the amount of $250 annually for unreimbursed medical expenses incurred for each child and/or spouse. Unreimbursed medical expenses of the obligee or children that exceed $250 annually shall be allocated between the parties. The parry seeking allocation of unreimbursed medical expenses must provide documentation of expenses to the other party no later than March 31S` of the year following the calendar year in which the final medical bill to be allocated was received. The unreimbursed medical expenses aze to be paid as follows: 0% by Respondent and 100% by Petitioner. [XJ Respondent [] Petitioner [] Neither party to provide medical insurance coverage. Within thirty (30) days after the entry of this order, the [] Petitioner [X) Respondent shall submit written proof that medical insurance coverage has been obtained or that application for coverage has been made. Proof of coverage shall consist, at a minimum, of: 1) the name of the health care coverage provider(s); 2} any applicable identification numbers; 3) any cards evidencing coverage; 4) the address to which claims should be made; 5) a description of any restrictions on usage, such as prior approval for hospital admissions, and the manner of obtaining approval; 6) a copy of the benefit booklet or coverage contract; 7) a description of all deductibles and co-payments; and 8} five copies of any claim forms. Other conditions: This Order is based upon Rule 1910.16-4(e) and further considers a mortgage deviation. The Respondent is to pay the retroactive arrears balance of $1941.10 in full on or before September 30, 2009 and made payable to PA SCDU, PO Box 69110, Harrisburg, PA 17106-9110. The Respondent is to make a direct payment, to the Petitioner, of 30% of any and all net profit sharing income (minus taxes only) within five (5) days upon receipt of said income with verification of the amount earned and paid to the Respondent forwarded to the Petitioner and the Domestic Relations Office. This Order shall become final twenty (20) after the mailing of the notice of the entry of the Order to the parties unless either parry files a written demand with the Prothonotary for a hearing de novo before the Court. Mailed copies on: September 16.2004 to: Petitioner Respondent Samuel L. Andes, Esq. Karen W. Miller, Esq. BY THE COURT, ~~ ~ ~~ Edgaz B. Bayley, J. DRO: R.J. Shadday oc~ ~ 8 znru LISA J. BARNHARDT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW vs. MARK S. B T, Defendant NO. 09-5684 Civil Term IN DIVORCE PACSES Case No. 891111095 ORDER OF COURT AND NOW this z/ `' day of Ctya bar- , 2010, upon consideration of the Plaintiff s Petition to Enforce, a Rule is hereby issued upon the Defendant, to show cause, if any he has, why the relief requested in the Petition should not be granted. The Rule shall be served upon Defendant's counsel and shall be returnable ~ ~ days from the date of service. BY THE COURT, ~~ J. Distribution: ~ Samuel L. Andes Es uire Attorne for Plaintif q ( Y ~ 525 North 12`" Street, P.O. Box 168, Lemoyne, PA 17043 ~ ~ -°~ ~~ a -~ ./ Hubert X. Gilroy, Esquire (Attorney for Defendant) .-~~~ ~' `~r`~- -~ , 10 East High Street, Carlisle, PA 17013 ~? °" t-.~ --zca i E S /Y1c`l t ~tLC,,, ~~ ~ n c'~~ rn lUlZ.6l id -~t ° ~ ~ . L.r F:~F[LE5\Cliente\13914 Bunhardt\13914, Lreply Revisod: 10/28/ 10 10:02AM t ~L .j. OF ThE Pe 07HON~TARY 2oiooerz~ ~~ s:~~ !=Q~QE~LA1°dQ COUPdT`( Hubert X. Gilroy, Esquire ~t~d~y'SYLVAP~(q MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 29943 10 East High Street Carlisle, PA 17013 (717} 243-3341 Attorneys for Defendant LISA J. BARNHARDT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. N0.2009-5684 CIVIL ACTION -LAW MARK S. BARNHARDT, Defendant IN DIV ORCE DEFENDANT'S ANSWER TO PLAINTIFF'S MOTION TO COMPEL AND NOW, comes the Defendant, Mark S. Barnhardt, by and through his attorneys, MARTSON LAW OFFICES, and replies to Plaintiff s Motion to Compel: 1-6. Admitted in part and denied in part. It is admitted that Defendant had not responded to all the requests by Plaintiff prior to the filing of Plaintiff's Motion to Compel. It is denied that Plaintiff needs those documents to advance her case or that Defendant has refused to provide them. By way of further reply, attached is a copy of Defendant's Response, served simultaneously with this Answer. The documents attached to the Response are not included as they are too voluminous to attach. WHEREFORE, Defendant prays this Honorable Court to dismiss Plaintiffs Motion to Compel as moot. Date: October ~, 2010 MARTSS~Ai LAW OFFICES By , Hubert roy, Esquire Jennifer . Speazs, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant r F:\FI1,ES\Clienb\13914 Bemherdt113914.1.re~ponvegpol Revived: 10/28/IO 4:23PM Hubert X. Gilroy, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 29943 10 East High Street Cazlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff LISA J. BARNHARDT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. N0.2009-5684 CNIL ACTION -LAW MARK S. BARNHARDT, Defendant IN DNORCE nF~NnANT'S RESPONSE TO PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS ~~~ 1. See attached. ~*p-'~,__ ~ 2. See attached. ~ ~"~ 3. See attached. 4. See attached. 5. See attached. 6. See attached. 7. See response to Number 6. . 8. Not applicable. Mr. Barnhazdt has no ownership interest in EI Associates. 9. See attached. After a reasonable seazch, Mr. Barnhardt does not have all the documents requested. Any documents not provided aze not relevant. However, if Plaintiff feels they are relevant, Mr. Barnhazdt will sign a release authorizing Plaintiff to obtain them through a subpoena, or otherwise. 10. See attached. r : R 11. See attached. After a reasonable seazch, Mr. Barnhazdt does not have all the documents requested. Any documents not provided are not relevant. However, if Plaintifffeels they aze relevant, Mr. Barnhardt will sign a release authorizing Plaintiff to obtain statements up to the date of separation through a subpoena. Defendant obj ects to providing any statements after the date of separation as they aze not relevant and not reasonably calculated to lead to the discovery of admissible evidence. In the interest of full disclosure, Defendant is listed on a bank account for his daughter, Austin, but this account was not opened until after the date of separation and Defendant objects to providing any statements as they aze not relevant and not reasonably calculated to lead to the discovery of admissible evidence. Further, Plaintiff has, in the past, removed money from Defendant's daughter's bank accounts without authorization or permission to do so. 12. See attached. After a reasonable seazch, Mr. Barnhazdt does not have all the documents requested for his US Airways credit cazd. Any documents not provided aze not relevant. However, if Plaintiff feels they aze relevant, Mr. Barnhazdt will sign a release authorizing Plaintiff to obtain statements up to the date of separation through a subpoena. Defendant objects to providing any statements after the date of separation as they are not relevant and not reasonably calculated to lead to the discovery of admissible evidence. 13. See responses to Numbers 11 and 12. 14. See attached. MARTSON LAW OFFICES By Hubert X. ilroy, Esquire Jennifer L. Speazs, Esquire 10 East High Street Cazlisle, PA 17013 (717) 243-3341 Date: October 28, 2010 Attorneys for Defendant CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deazdorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Response to Request for Production of Documents was served this date by depositing same in the Post Office at Cazlisle, PA, first class mail, postage prepaid, addressed as follows: Samuel L. Andes, Esquire 525 North Twelfth Street P.O. Box 168 Lemoyne, PA 17043 MARTSON LAW OFFICES sy Tricia ckenroad Ten East igh Street Cazlisle, PA 17013 (717) 243-3341 Dated: ~ ~(~ `Q f ~. ~.. CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Answer to Plaintiff's Motion to Compel was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Samuel L. Andes, Esquire 525 North Twelfth Street P.O. Box 168 Lemoyne, PA 17043 MARTSON LAW OFFICES By Tricia kenroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: l~~~i ~ a GF TNELPR FILED-OFFICE 2011 MAR 28 PM 2: 03 CUMBERLAND COUNTY PENNSYLVANIA LISA J. B T, Plaintiff vs. MARK S. BARNHARDT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 09-5684 Civil Term IN DIVORCE CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Plaintiff, Lisa J. Barnhardt, certifies that: A. A notice of intent to serve the subpoena with a copy of the subpoena attached hereto was mailed or delivered to each party at least twenty (20) days prior to the date on which the subpoena is sought to be served. B. A copy of the notice of intent, including the proposed subpoena, is attached to this certificate. C. No objection to the subpoena has been received. D. The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. R Date: c-Y1 r Samuel L. Andes Attorney for Plaintiff Supreme Court ID # 17225 525 North 12v' Street P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 w MAILING ADDRESS: P. 0. BOX 168 LEMOYNE, PA 17043-0168 E-MAIL: LawAndesPa I.Com Jennifer Spears, Esquire 10 East High Street Carlisle, PA 17013 SAMUEL L. ANDES ATTORNEY AT LAW 525 NORTH TWELFTH STREET P. 0. BOX 168 LEMOYNE, PENNSYLVANIA 17043 TELEPHONE (717) 761-5361 FAX 1 March 2011 (717) 761-1435 RE: Barnhardt Dear Jennifer: Enclosed is a Subpoena I propose to serve upon Alpha Benefits Administrators to obtain information about health insurance benefits paid to Mark Barnhardt. Please let me know whether you object to the service of the Subpoena or will consent to it. Sincerely, S L. Andes amh / Enclosure cc: Ms. Lisa J. Barnhardt LISA J. BARNHARDT, Plaintiff vs. MARK S. B T, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 09-5684 Civil Term IN DIVORCE NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 The Plaintiff, Lisa J. Barnhardt, hereby advises you of her intent to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below I which to file, of record, and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Date: 1 March 2011 L. Andes Attorney for Plaintiff Supreme Court ID # 17225 525 North 12'h Street P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 LISA J. BARNHARDT, Plaintiff vs. MARK S. BARNHARDT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 09-5684 Civil Term IN DIVORCE SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 BY THE COURT, Prothonotary F COURT TO: Alpha Benefits Administrators, LLC 600 Wilson Lane, Suite 200 Mechanicsburg, PA 17055 Within twenty (20) days after service of this subpoena, you are ordered by the Court to produce the following documents or things : those items listed on Schedule A at: 525 North 12"' Street in Lemoyne, Pennsylvania. You may deliver or mail legible copies of the documents or things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Samuel L. Andes, Esquire 525 North 12`' Street, Lemoyne, PA 17043 (717) 761-5361 DATE: . SCHEDULE A 1. Copies of all applications or requests for payment of benefits submitted by or on behalf of Mark Barnhardt or Lisa Barnhardt for the period 1 January 2009 to the present. 2. Copies of canceled checks or other documents which will confirm or verify any benefits paid as a result of the applications listed in Paragraph 1. 3. Copies of any and all communications between your office and anyone on behalf of Mark or Lisa Barnhardt about the benefits applied for or paid during the period 1 January 2009 to the present. k, ? 1LED-OFFICE Th PRG? 1N,?;? . t r?I1 NAY -2 010 0 CU'+BERLAND COU10, PENNSYLVANIA LISA J. BARNHARDT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. MARK S. BARNHARDT, Defendant CIVIL ACTION - LAW NO. 09-5684 Civil Term IN DIVORCE PETITION TO MODIFY AND NOW comes the above-named Plaintiff, by her attorney Samuel L. Andes, and asks the court to modify its order of alimony pendente lite, based upon the following: 1. The Petitioner herein is the Plaintiff. The Respondent herein is the Defendant. 2. This court entered an order dated 15 September 2009 which requires the Defendant to pay Plaintiff alimony pendente lite in the amount of $1,300.00 per month. 3. The amount of the order was based, in part, upon the fact that the parties' minor daughter, Austin Ash Barnhardt, born 10 May 1992, resided with Defendant and Plaintiff owed him a child support component of the alimony pendente lite order. 4. The amount of the order was also based, in part, upon the fact that the Defendant was making mortgage and other payments for the marital residence in which he resided. 5. Since the entry of that order, the parties' minor daughter has become emancipated and the payments due on the mortgage have ended. 6. As a result of the above, Plaintiff is entitled to an increase of the order paid to her by Defendant. WHEREFORE, Plaintiff prays this court to increase her order of alimony pendente lite for the reasons set forth herein. rQCi?2Q,U7 el L. Andes Attorney for Plaintiff Supreme Court ID # 17225 Copy 4c NPC> a I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: LISA J. B T LISA J. BARNHARDT, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA_ VS. CIVIL ACTION - DIVORCE W-; NO. 09-5684 CIVIL TERM S MARK S. BARNHARDT, IN DIVORCE Defendant/Respondent PACSES CASE: 891111095 f ' ORDER OF COURT AND NOW, this 2nd day of May 2011, a petition has been filed against you, Mark S. Barnhartd, 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 May 23, 2011, 2011 at 10:30 A.M. for a conference and to remain until dismissed by the Court. If you fail to appear as provided in this Order, an Order of Court may be entered against you. You are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by the Rule 1910.11. (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. Copies mailed to: Petitioner Respondent Samuel L. Andes, Esq. Hubert X. Gilroy, Esq. Date of Order: Ma 2, 2011 BY THE COURT, Edward E. Gul o, Y k Judge YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 LISA J. BARNHARDT9 IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE 0 NO. 09-5684 CIVIL TERM zM -cam MARK S. BARNHARDT, IN DIVORCE -< ry o° Defendant/Respondent PACSES CASE: 891111095 cM o? z-- I?C N ?M ORDER OF COURT AND NOW, this 22nd day of June, 2011, based upon the Court's determination that the Petitioner's monthly net income/earning capacity is $ 2,064.00 and the Respondent's monthly net income/earning capacity is $ 8,495.02, it is hereby ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit Two Thousand Seven Hundred Eighty-four and 00/100 Dollars ($ 2,784.00) per month payable bi-weekly as follows: $ 2,531.00 per month for Alimony Pendente Lite and $ 253.00 per month on arrears. First payment due in accordance with the Respondent's pay schedule. The effective date of the order is May 2, 2011. Arrears set at $ 2,770.17 as of June 22, 2011. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa.C.S.§ 3703. Further, if the Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and, at its discretion, make an appropriate Order, including, but not limited to, commitment of the Respondent to prison for a period not to exceed six months. Said money to be turned over by the PA SCDU to: Lisa J. Barnhardt. Payments must be made by check or money order. All checks and money orders must be made payable to PA SCDU and mailed to: PA SCDU P.O. Box 69110 Harrisburg, PA 17106-9110 Payments must include the Respondent's name with their PACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. cc360 The monthly support obligation includes cash medical support in the amount of $250 annually for unreimbursed medical expenses incurred for the spouse. Unreimbursed medical expenses of the spouse that exceed $250 annually shall be allocated between the parties. The party seeking allocation of unreimbursed medical expenses must provide documentation of expenses to the other party no later than March 31" of the year following the calendar year in which the final medical bill to be allocated was received. The unreimbursed medical expenses are to be paid as follows: 0 % by Respondent and 100 % by Petitioner. [X] Respondent [] Petitioner [] Neither party to provide medical insurance coverage. Within thirty (30) days after the entry of this order, the [] Petitioner [X] Respondent shall submit written proof that medical insurance coverage has been obtained or that application for coverage has been made. Proof of coverage shall consist, at a minimum, of: 1) the name of the health care coverage provider(s); 2) any applicable identification numbers; 3) any cards evidencing coverage; 4) the address to which claims should be made; 5) a description of any restrictions on usage, such as prior approval for hospital admissions, and the manner of obtaining approval; 6) a copy of the benefit booklet or coverage contract; 7) a description of all deductibles and co-payments; and 8) five copies of any claim forms. Other conditions: This Order considers that the parties' last minor child, Austin, has attained majority age and has completed his secondary education. This Order modifies the last order of September 15, 2009 in that the Respondent's bonuses are now included in his income. This Order does not include a mortgage deviation as the mortgage on the marital home has been paid. This Order shall become final twenty (20) after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Office of the Prothonotary for a hearing de novo before the Court. Mailed copies on: June 23, 2011 BY THE COU Edward E. Guido, J. Petitioner Respondent Hubert X. Gilroy, Esq. Samuel L. Andes, Esq. DRO: R.J. Shadday ORDERMOTICE TO WITHHOLD INCOME FOR SUPPORT 09-S624 C? NJI L State: Commonwealth of Pennsylvania Co./City/Dist. of: CUMBERLAND Date of Order/Notice: 06/22/11 Case Number (See Addendum for case summary) Q Original Order/Notice Q Amended Order/Notice 0 Terminate Omer/Notice 0 One-Time Lump Sum/Notice RE: BARNHARDT, MARKS. Employee/Obligoes Name (Last, First, MI) 186-50-0306 mp oy Igo s Social Secun-i71Tu_m_l5e_r 1309102160 mp oyee igor s Case Identifier (See Addendum for plaintiff names associated with cases on attachmenq Custodial Parent's Name (Last, First, MI) Employer/Withholder's Federal EIN Number E. I. ASSOCIATES C/O ATTN- SHELLEY LAZERATION BLDG 3 2001 N FRONT ST HARRISBURG PA 17102-2118 See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 0.00 per month in current child support $ 0.00 per month in past-due child support Arrears 12 weeks or greater? p yes O nqt:) $ 0.00 per month in current medical support .c ? -n $ 0.00 per month in past-due medical support = "' $ 2,531.00 per month in current spousal support zm r"F= $ 253.00 per month in past-due spousal support x%o M?.Io?frn $ 0.00 per month for genetic test costsu'?y rN,s, Q? $ 0.00 per month in other (specify) r-? x?ty < -p C? -n $ one-time lump sum payment 7:1" C-) 2? N ?rrn for a total of $ 2,784.00 per month to be forwarded to payee below. _' D ?a ::c You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not math the ordered support payment cycle, use the following to determine how much to withhold: $ 1,4-2.47 per weekly pay period. $ 1,392.00 per semimonthly pay period (twice a month) $ 17,94A 3 per biweekly pay period (every two weeks) $ 2,784.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). Pennsylvania law (23 PA C.S. § 4374(b)) requires remittance by an electronic payment method if an employer is ordered to withhold income from more than one employee and employs 15 or more persons, or if an employer has a history of two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND T S MEMBER /D (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL Sq ITY NU R IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. / -.! BY THE COURT: 'C,UU dtiI OMB No.: 0970-0154 Form EN-028 Service Type M Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? if checked you are required to provide a copy of this form to your employee. 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.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 2229161690 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER: Q THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: O EMPLOYEE'S/OBLIGOR'S NAME: BARNHARDT, MARK S. EMPLOYEE'S CASE IDENTIFIER: 1309102160 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: NEW EMPLOYER'S NAME/ADDRESS: FINAL PAYMENT AMOUNT: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) (15 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family. However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks: If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 Service Type M 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 No.: 0970-0154 Page 2 of 2 Form EN-028 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: BARNHARDT, MARK S. PACSES Case Number 891111095 Plaintiff Name LISA J. BARNHARDT Docket Attachment Amount 09-5684 CIVIL $ 2,784.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Addendum Form EN-028 Service Type M OMB No.: 0970-0154 Worker ID $IATT I ' LISA J. BARNHARDT Plaintiff VS. MARK S. BARNHARDT Defendant ORDER AND NOW this day of 2011, upon consideration of the attached motion, a hearing is hereby scheduled, to be held before the undersigned in Court Room No. _. of the Cumberland County Court House in Carlisle, Pennsylvania, commencing at 9"30 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 09-5684 CIVIL TERM IN DIVORCE PACSES Case No. 891111095 day of The hearing will address the claim by Plaintiff that Defendant has received and retained bonus payments and not paid a portion of them to Plaintiff as re ir?by.0e r-11 - rTi order of alimony pendente lite previously entered in this case. ca-) -0 Mi p C Sr; BY THE COURT, +_ r~ J. DISTRIBUTION: Samuel L. Andes, Attorney for Plaintiff, P.O. Box /168, Lemoyne, PA 17043 ,J Hubert X. Gilroy, Attorney for Defendant, 10 East High Street, Carlisle, PA 17013 oopes ?10a 2011. o'clock A- -.m., on ?V_a , the 9-17,5 LISA J. BARNHARDT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW C b- = 7-1 NO. 09-5684 CIVIL C" MARK S. BARNHARDT, zrn ? rrn ' Defendant _ o r co C) IN RE: PLAINTIFF'S PETITION TO ENFORCE at- '01 -f n xo = ` - c ORDER Y - AND NOW, this day of September, 2011, hearing on the within petiti on to enforce set for September 8, 2011, is continued to Thursday, October 27, 2011, at 1:30 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, Hess, P. J. ? Samuel L. Andes, Esquire For the Plaintiff Hubert Gilroy, Esquire For the Defendant Cq?e? Ma?le? QI8/AYB :rlm f MADDIn the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION LISA .l. BARNHARDT, Petitioner vs. MARK S. BARNHARDT, Respondent Docket Number PACSES Case Number Other State ID Number ORDER OF COURT 4 w C r O i ©Q n -t You, MARK S. BARNHARDT, of 832 Flintlock Ridge Road, Mechanicsburg, Pennsylvania 17055-4918-32 are ordered to appear at the DOMESTIC RELATIONS hearing room, c/o Hearing Room, DOMESTIC RELATIONS OFFICE, 13 North Hanover Street, Carlisle, Pennsylvania 17013 on the 18`" of August at 1:30 p.m. for a hearing. You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income Statement and the appropriate Expense Statement, if required, attached to this order, completed as required by Rule 1910.11(c), 4. verification of child care expenses and, 5. proof of medical coverage which you may have, or may have available to you, 6. information relating to professional licenses, 7. other: 09- 568 fi BARNHARDT V. BARNHARDT PACSES Case Number 891111095 If you fail to appear for the hearing or to bring the required documents, the court may issue a warrant for your arrest and/or enter an interim Support order. THE APPROPRIATE COURT OFFICER MAY ENTER AN ORDER AGAINST EITHER PARTY BASED UPON THE EVIDENCE PRESENTED WITHOUT REGARD TO WHICH PARTY INITIATED THE SUPPORT ACTION. BY THE COURT: Date of Order: ?- - Edward E: JUDGE v YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 Bedford Street Carlisle, PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office at (717)240-6225. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION ©Q- 5L8? LISA J. BARNHARDT, ) Docket Number Petitioner ) vs. ) PACSES Case Number 891111095 o -n MARK S. BARNHARDT, ) Other State ID Number r Respondent ) p v ap ° 'O -ro ? ORDER OF COURT ... c) m 3W ? You, LISA J. BARNHARDT, of 24 Mallard Court, Mechanicsburg, Pennsylvania 17055-4365-24 are ordered to appear at the DOMESTIC RELATIONS hearing room, c/o Hearing Room, DOMESTIC RELATIONS OFFICE, 13 North Hanover Street, Carlisle, Pennsylvania 17013 on the 18th of August at 1:30 p.m. for a hearing. You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income Statement and the appropriate Expense Statement, if required, attached to this order, completed as required by Rule 1910.11(c), 4. verification of child care expenses and, 5. proof of medical coverage which you may have, or may have available to you, 6. information relating to professional licenses, T other: t. BARNHARDT V. BARNHARDT PACSES Case Number 891111095 If you fail to appear for the hearing or to bring the required documents, the court may issue a warrant for your arrest and/or enter an interim Support order. THE APPROPRIATE COURT OFFICER MAY ENTER AN ORDER AGAINST EITHER PARTY BASED UPON THE EVIDENCE PRESENTED WITHOUT REGARD TO WHICH PARTY INITIATED THE SUPPORT ACTION. BY THE COUR - ?. Date of Order: Edward E. Guido,' JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 Bedford Street Carlisle, PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office at (717)240-6225. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. LISA J. BARNHARDT, Plaintiff vs. MARK S. BARNHARDT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 09-5684 CIVIL RULE TO SHOW CAUSE AND NOW, this /5 '* day of June, 2012, in consideration of the plaintiff's motion to compel: 1. A rule is issued upon the defendant to show cause why the relief requested ought not to be granted; 2. the defendant shall file an answer to the petition within twenty (20) days of service; 3. the petition shall be decided under Pa. R.C.P. No. 206.7; and 4. in the event an answer is filed, argument will be scheduled at the request of either party- BY THE COURT, 14ods. f A444.- le-W l ?4xn F:\FB.ES\Clients\13914 Barnhardt\13914.1. Answer2Rule2ShowCause.wpd Revised: 7/6/12 11:35AM Hubert X. Gilroy, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 29943 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant LISA J. BARNHARDT, Plaintiff V. MARK S. BARNHARDT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAT NO. 2009-5684 CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S ANSWER TO RULE TO SHOW CAUSE Defendant, Mark S. Barnhardt, by and through his attorneys, MARTSON LAW sets forth the following: COUNTY NIA 1. Defendant has filed this date a rather large document of discovery information in response to the Second Set for Request for Production of Documents filed by he Plaintiff in the above matter. Defendant believes he has substantially complied .th the discovery requests made by the Plaintiff. Respectfully submitted, Z4 Date: July 2012 Hubert X. Gilroy, qui: MARTSON LAW OFF] 10 East High Stre Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant CES FILED -Oi ' iCP "HE PROT)i N`0TAR\? 20 I Z JUL -6 PM 1: 4 9 LISA J. BARNHARDT, Plaintiff vs. MARK S. BARNHARDT, Defendant 2012 JUL I 1 AM 11: .7 CUMBERLAND CrUNT\ PENNSYLVANIA IN THE COURT OF COM ON PLEAS OF CUMBERLA COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 09-5684 CIVIL TERM IN DIVORCE PETITION FOR SPECIAL RELIEF AND NOW comes the above-named Plaintiff, by her attorney Samuel L. Andes, and petitions the court for special relief, based upon the following: 1. The Petitioner herein is the Plaintiff. The Respondent herein is the Defendant. 2. During the parties' marriage, money was borrowed from M & T Bank which was sec 3'tred by a home equity loan lien against their residence on Flintlock Ridge Road in Mec:A ianicsburg. 3. Since the parties' separation in 2009, Defendant has continued to reside in tho marital home. He has not paid rent, but he has paid the expenses of the home including, until D?cember of 2011, the monthly installments on the home equity loan owed to M & T Bank. 4. In December of 2011, without explanation, Defendant ceased making payments on the home equity loan owed to M & T Bank. He has not made any payment since and is now six (6) months beyond in those payments. 5. Plaintiff does not have income or funds to make the payment on the home equity loan. Moreover, because Defendant is living in the home he should pay the expenses of the home, including the home equity loan installments. 6. Because the loan is in the names of both parties, Defendant's refusal to pay it?has impaired Plaintiff's credit and will continue to impair her credit until the loan is paid. 7. M & T Bank has threatened foreclosure action for the non-payment of the loan. Such action will cause irreparable and permanent harm to Plaintiff because it will result in the loss of 1 her equity in the property as well as further damage to her credit. 8. Prior orders in this case have been entered by the Honorable Kevin A. Hess, Albert H. Masland, and Edward E. Guido. 9. Defendant does not concur in the relief requested in this Petition. WHEREFORE, Plaintiff prays this court to order, direct, and require Defendant Ito make current payments on the home equity loan owed to M & T Bank and to make all future payments on said loan until it is satisfied in full. Samuel L. An Ws Attorney for Plaintiff Supreme Court ID 17225 525 North 12'h Street P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 CERTIFICATE OF SERVICE I hereby certify that I served an original of the foregoing document upon the Defendant herein by regular mail, postage prepaid, addressed as follows: Hubert X. Gilroy, Esquire 10 East High Street Carlisle, PA 17013 D tf: 13 3tme 2012 m ? . Amy M. arkins Secretary for Samuel L. Andes I verify that the statements made in this document are true and correct. I understa d that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (un worn falsification to authorities). Date: /° .k : Z..._... - i 2 !Z JUL 16 Pik 3.- 03 i,UMBERI_AND COUNTY PENNSYLVANIA LISA J. BARNHARDT, ) IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. ) CIVIL ACTION - LAW NO. 09-5684 CIVIL TERM NL,XRK S. BARNHARDT, ) Defendant ) IN DIVORCE ORDER OF COURT AND NOW this 16 day of 2012, upon consideration of the attached Petition for Special Relief a Rule is-hereby issued upon the Defendant to show cause, if ,in he has, why the relief requested therein should not granted. The Rule shall be served upon the Defendant's counsel of record and be returnable Z.O days from date of service. i ,isiribution: ? Samuel L. Andes, Esquire (Attorney for Plaintiff) 525 North 12t' Street, P.O. box 168, Lemoyne, PA 17043 V' Hubert X. Gilroy, Esquire (Attorney for Defendant) 10 East High Street, Carlisle, PA 17013 I ? ,e-5 ? .I1"4 7 Ail I I BY THE COURT, N 1 "FIL Q-OFF1CF F:\FHASTr=0\13914Htmh"\13914.1.Amwa2PcfforSpecRel.wpd tK I ROTWflNd A ?? Rmind: 7/27/12 2:17PM Hubert X. Gilroy, Esquire 2012 JUL 21 PM 3' 34 MARTSON DEAR.DORFF WILLIAMS OTTO GILROY & FA16ft-AN$ COUNTY MARTSON LAW OFFICES PEt NSYI.0" I.D. 29943 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Plaintiff V. MARK S. BARNHARDT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVA NO. 2009-5684 CIVIL ACTION - LAW IN DIVORCE DEFE ANT'S ANSWER TO PETITION FOR SPECIAL RE, Defendant, Mark S. Barnhardt, by and through his attorneys, MARTSON LAW sets forth the following in response to the Petition for Special Relief filed by in the above matter the Rule to Show Cause issued by this Court on July 16, 2012: 1. Admitted. 2. Admitted that there is a home equity loan lien against the residence at Flinth Ridge Road in Mechanicsburg, Pennsylvania, which residence is jointly owned the parties. Denied that "they" borrowed the money on the loan. To the contrary, t home equity loan was increased solely by actions of the Plaintiff Wife to her s benefit. 3. Admitted. By way of further answer, the payments Defendant Husband previou made on the home equity line of credit were voluntarily made and were not mE pursuant to any Court Order or any agreement of the parties. Additionally, Husbe has paid all taxes, maintenance costs, repairs and utilities associated with the prope and is residing in the home because Plaintiff Wife has refused to sell the property agree to settlement. a 4. Admitted. 5. Denied that Plaintiff does not have funds to make payment. It is Defendant's position that Plaintiff has an earning capacity and is able to go out to work. Furthermore, Plaintiff is receiving Social Security Benefits and also spousal sup ort payments. Additionally, Defendant has made an extraordinary amount of payments in connection with the mortgage, home equity loan, credit card loans and o tier similar matters. Defendant believes Plaintiff Wife should make payments on is home equity line of credit, and the issue with respect to credits or debits each p deserves on various payments the parties have made can be resolved throu gh equitable distribution by the Divorce Master. 6. Denied. The fact that the Plaintiff has failed to make payment on this home eq ity loan has not resulted in any impairment on her credit, assuming there is such an impairment. 7. Admitted that M&T Bank has threatened foreclosure for the nonpayment of the to M. Denied that such action will result in the loss of Plaintiff Wife's equity in he property as well as further damage to her credit. If Wife is afraid of damage to er credit, wife should take action to make payments on the said loan as any damage to Wife's credit will correspondingly be damage to Husband's credit. 8. Admitted. 9. Admitted. WHEREFORE, Defendant requests Your Honorable Court to dismiss this Petition Special Relief. Respectfully submitted, Date: July J1 , 2012 1'f6bert X.lq y, Esquire MARTSO LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant hTe f g An"ftr is based upon information which has beau gsdwn4 by my counsel in dw PmParation o dw lawsuit. The lenguage of the document is that of cou nel alad not my own. I have read the docwrrt+ertt and to the extent that it is based upon it tmation which I have give to my counsel, it is true and correct to the beg of my knowledge, information god belief: To the ex t that the content of the document is that of counsel, I have relied upon counsel iin mai g ti s verification. This stateinent and verification are made subject to the penalties of 18 Pa. G.S. Section relating to unsrom f$Is ftation to authorities, which provides that if I make knowingly averments, I qty be subject to criminal penalties. ,,.....,, BARNHARDT f o' t?, MUM -3 PM I: s g CU,4QEfKL4N CLU 1 °ENNSYLVA,141A LISA J. B T, Plaintiff vs. MARK S. BARNHARDT, Defendant IN THE COURT OF CC PLEAS OF CUMBERL) COUNTY, PENNSYLV. CIVIL ACTION - LAW NO. 09-5684 CIVIL IN DIVORCE MOTION FOR HEARING AND NOW comes the above-named Plaintiff, by her attorney Samuel L. Andes, moves the court for a hearing in the above matter on her Petition for Special Relief, ba the following: 1. In early July 2012, Plaintiff filed a Petition for Special Relief in which he re this court to compel the Defendant to make the payments on a home equity loan which encumbered the marital residence in which Defendant has been residing since the parti separation. 2. Defendant has filed an Answer to Plaintiff's Petition for Special Relief. 3. The matter is now ripe for action by this court. WHEREFORE, Plaintiff moves this court to schedule a hearing on her Petition Special Relief regarding the home equity loan and the Defendant's Answer to that. --(K Samuel L. Andes Attorney for Plaintiff Supreme Court ID 17225 525 North 12' Street P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 N upon CERTIFICATE OF SERVICE I hereby certify that I served an original of the foregoing document upon the herein by regular mail, postage prepaid, addressed as follows: Hubert X. Gilroy, Esquire 10 East High Street Carlisle, PA 17013 Date: I August 2012 Amy Varkins Secretary for Samuel L. Andes CUf~1~En'1~~~0 C~L;F! i~`d' PL~lNSYL~-'A~l~I~, LISA J. B T, Plaintiff 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. MARK S. B T, Defendant CIVIL ACTION -LAW NO. 09-5684 CIVIL TERM IN DIVORCE ORDER OF COURT AND NOW this /!1# day of , 2012, it appearing that the pleadings are closed with regard to Plainti s Petition for Special Relief regarding payment of the home equity loan, a hearing is hereby scheduled, to be held before the undersigned in Court Room No. ~ of the Cumberland County Courthouse in Carlisle, Pennsylvania, commencing at /~; p~) o'clock g.m. on the _,~.q~ day of 2012. l Distribution: / Samuel L. Andes, Esquire (Attorney for Plaintiff) 525 North 12th Street, P.O. Box 168, Lemoyne, PA 17043 / Hubert X. Gilroy, Esquire (Attorney for Defendant) 10 East High Street, Carlisle, PA 17013 ~op~L.~ ~, y-~~~ ~/i~ll~ ~°~ LISA J. BARNHARDT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v• NO. 2009-5684 CIVIL TERM MARK S. BARNHARDT, Defendant CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 8th day of November, 2012, by agreement of the parties, the Defendant shall pay the Plaintiff the sum of $2,700.00 today. By the Court, Edwar E. Guido, J. c-3 c r.a =~' c' ^~ -~3 ,•,~, --~ ~ ~~ z~ ~ ~ "~ ~ ~rn ~/ Samuel L. Andes, Esquire ~ ~ g ~ Attorney for Plaintiff ~~r ~„ ~~ / Hubert X. Gilroy, Esquire Z~ y,c _ cb ~~ '~{~ Attorney for Defendant ~ ~ ~ srs ~p~~s /wa./,rA/ if/q~~ ~.~ i=;Liwu-OFF CE F.\FILES\Clients\13914 Barnhardt\13914.I.AFFPL UNT.wpd ' HE Revised: 2/11/14 251 PM 20111 FEB 12 PM 12 .I.3 Hubert X. Gilroy, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLEICUMBERLA.ND COUNTY MARTSON LAW OFFICES PENNSYLVANIA I.D. 29943 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff LISA J. BARNHARDT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2009-5684 CIVIL ACTION - LAW MARK S. BARNHARDT, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on August 17, 2009. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: o L Lisa J. Barnhardt—, Plaintiff T ON1 UAR t F:\FILES\Clients\13914Barnhard t\I3914.LWaiverPlaint.wpd q_,; + Revised: 2/11/14 2:55PM Hubert X. Gilroy, Esquire m4 FEB 12 PM 12- MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLE�UMBERLAND COUNTY MARTSON LAW OFFICES PENNSYLVANIA I.D. 29943 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff LISA J. BARNHARDT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2009-5684 CIVIL ACTION - LAW MARK S. BARNHARDT, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) AND § 3301(d) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony,division of property,lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: Z( `� Y 4 ,el�� k 0 i�,��� Lisa J. arnhardt, Plaintiff FABLES\Clients\13914 Barnhardt\13914.1.AFFDEF j f•Y THE P ROTH a.4 0 TA i t Revised: 2/11/14 2:50PM Hubert X. Gilroy, Esquire 201� FEB 12 PH 12" 13 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER CUMBERLAND COUNTY MARTSON LAW OFFICES PENNSYLVANIA I.D. 29943 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff LISA J. BARNHARDT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2009-5684 CIVIL ACTION - LAW MARK S. BARNHARDT, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on August 17, 2009. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: .(6. ?� Li Mark S. Barnhardt, Defendant F,\FILES\Clients\13914 Barnhardt\I 3914.I.WaiverDef.wpd t �y{{��,ry-}^ y1 f7 Revised: 2/11/14 2:53PM (IF THE T� RO t��� ONU il-ki ' Hubert X. Gilroy, Esquire 2014 FEB 12 FM 12: # 3 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES CUMBERLAND COOT' I.D. 29943 PENNSYLVANIA 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff LISA J. BARNHARDT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2009-5684 CIVIL ACTION - LAW MARK S. BARNHARDT, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) AND § 3301(d) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. 1 understand that I may lose rights concerning alimony,division of property,lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. § 4904 relating to unsworn falsification to authorities. Date: MA tt 2d1�c S. Barnhardt, Def dant LISA J. BARNHARDT, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE r: s zW °° :_ c MARK S. BARNHARDT, • IN DIVORCE rTi co -7, Defendant/Respondent : PACSES CASE: 891111095i r_ Cn r N : rr tom- C3 () ' 3 -L c`C r ' ORDER OF COURT x>ma co AND NOW, this 20th day of February, 2014, based upon the Court's determination that the Petitioner's monthly net income/earning capacity is $ n/a and the Respondent's monthly net income/earning capacity is $ n/a, it is hereby ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit One Thousand Seven Hundred and 00/100 Dollars ($ 1,700.00) per month payable bi-weekly as follows: $ 1,700.00 per month for Alimony Pendente Lite and $ 0.00 per month on arrears. The first payment is due in accordance with the Respondent's pay schedule. The effective date of the order is March 1, 2014. Arrears set at $ 452.84 as of February 20, 2014. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa.C.S.§ 3703. Further, if the Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and, at its discretion, make an appropriate Order, including, but not limited to, commitment of the Respondent to prison for a period not to exceed six months. Said money is to be turned over by the PA SCDU for distribution and disbursement in accordance with Rule 1910.17(d). Payments must be made by check or money order. All checks and money orders must be made payable to PA SCDU and mailed to: PA SCDU P.O. Box 69110 Harrisburg, PA 17106-9110 Payments must include the Respondent's name with their PACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. cc360 • The monthly support obligation includes cash medical support in the amount of$250 annually for unreimbursed medical expenses incurred for the spouse. Unreimbursed medical expenses of the spouse that exceed $250 annually shall be allocated between the parties. The party seeking allocation of unreimbursed medical expenses must provide documentation of expenses to the other party no later than March 31st of the year following the calendar year in which the final medical bill to be allocated was received. The unreimbursed medical expenses are to be paid as follows: 0 % by Respondent and 100 %by Petitioner. [X] Respondent [] Petitioner [] Neither party to provide medical insurance coverage. Within thirty(30) days after the entry of this order, the [] Petitioner [X] Respondent shall submit written proof that medical insurance coverage has been obtained or that application for coverage has been made. Proof of coverage shall consist, at a minimum, of: 1)the name of the health care coverage provider(s); 2) any applicable identification numbers; 3) any cards evidencing coverage; 4) the address to which claims should be made; 5) a description of any restrictions on usage, such as prior approval for hospital admissions, and the mariner 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. It is further Ordered that, upon payor's failure to comply with this order, payor may be arrested and brought before the Court for a Contempt hearing; payor's wages, salary, commissions, and/or income may be attached in accordance with law; this Order will be increased without further hearing by 0% a month until all arrearages are paid in full. Payor is responsible for court costs and fees. Other conditions: Pursuant to the Parties' Settlement Agreement before the Divorce Master on February 11, 2014, the Alimony Pendente Lite obligation is modified to $1,700.00 per month, effective March 1, 2014. Upon entry of the divorce decree, the Alimony Pendente Lite obligation will convert to an Alimony obligation until the Respondent retires from his employment or becomes disabled as expressed the Settlement Agreement. This Order shall become final twenty (20) after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Office of the Prothonotary for a hearing de novo before the Court. Mailed copies on: February 20,2014 BY THE COURT Edward.E. Guid6,‘"4 J. xc: Petitioner Respondent Hubert X. Gilroy,Esq. Samuel L.Andes, Esq. DRO: R.J. Shadday INCOME WITHHOLDING FOR SUPPORT I l ()Cj S O ORIGINAL INCOME WITHHOLDING ORDER/NOTICE FOR SUPPORT(IWO) I AMENDED IWO Orr- 51014-' C)V O ONE-TIMEORDER/NOTICE FOR LUMP SUM PAYMENT (� Q TERMINATION OF IWO Date: 03/03/14 ❑ Child Support Enforcement(CSE)Agency ® Court ❑ Attorney ❑ Private Individual/Entity(Check One) NOTE:This IWO must be regular on its face. Under certain circumstances you must reject this IWO and return it to the sender(see IWO instructions http://www.acf.hhs.gov/programs/cse/forms/OMB-0970-0154 instructions.pdf). If you receive this document from someone other than a State or Tribal CSE agency or a Court, a copy of the underlying order must be attached. State/Tribe/Territory Commonwealth of Pennsylvania Remittance Identifier(include w/payment): 1309102160 City/County/Dist./Tribe CUMBERLAND Order Identifier: (See Addendum for order/docket information) Private Individual/Entity CSE Agency Case Identifier: (See Addendum for case summary) E. I. ASSOCIATES RE: BARNHARDT, MARK S. C/O ATTN-SHELLEY LAZERATION Employee/Obligor's Name(Last, First, Middle) BLDG 3 186-50-0306 2001 N FRONT ST Employee/Obligor's Social Security Number HARRISBURG PA 17102-2118 (See Addendum for plaintiff names associated with cases on attachment) Custodial Party/Obligee's Name(Last, First, Middle) Employer/Income Withholder's FEIN 222916169 NOTE:This IWO must be regular on its face. Under certain circumstances you must reject Child(ren)'s Name(s)(Last, First, Middle) Child(ren)'s Birth Date(s) this IWO and return it to the sender(see IWO instructions http://www.acf.hhs.gov/programs/cse/forms/ OMB-0970-0154 instructions.adt). If you receive this document from someone other than a State or Tribal CSE agency or a Court,a copy of the underlying order must be attached. 2229161690 See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This document is based on the support or withholding order from CUMBERLAND County, Commonwealth of Pennsylvania (State/Tribe). You are required by law to deduct these amounts fro mtheremphyee/ obligor's income until further notice. c $ 0.00 per month in current child support r $ 0.00 per month in past-due child support greater? "'. a'` P p pport- Arrears 12 weeks or greater. 0 ye,;;��Q am) $ 0.00 per month in current cash medical support $ 0.00 per month in past-due cash medical support r-- $ 1,700.00 per month in current spousal support < -13 >o. $ 0.00 per month in past-due spousal support ==r $ 0.00 per month in other(must specify) :. . for a Total Amount to Withhold of$ 1,700.00 per month. AMOUNTS TO WITHHOLD: You do not have to vary your pay cycle to be in compliance with the Order Information. If your pay cycle does not match the ordered payment cycle, withhold one of the following amount: $ 3923 per weekly pay period. $ 850.00 per semimonthly pay period (twice a month) $ 784-.t per biweekly pay period (every two weeks) $ 1,700.00 per monthly pay period. $ Lump Sum Payment: Do not stop any existing IWO unless you receive a termination order. REMITTANCE INFORMATION: If the employee/obligor's principal place of employment is within the Commonwealth of Pennsylvania (State/Tribe), you must begin withholding no later than the first pay period that occurs ten (10) working days after the date of this Order/Notice. Send payment within seven (7)working days of the pay date. If you cannot withhold the full amount of support for any or all orders for this employee/obligor, withhold up to 55% of disposable income for all orders. If the employee/obligor's principal place of employment is not within the Commonwealth of Pennsylvania (State/Tribe), the employer can obtain withholding limitations, time requirements, and any allowable employer fees at http://www.acf.hhs.gov/programs/cse/newhire/employer/contacts/contact map. htm for the employee/obligor's principal place of employment. Document Tracking Identifier OMB No.:0970-0154 Form EN-028 11/13 Service Type M Worker ID $IATT ❑ Return to Sender[Completed by Employer/Income Withholder]. Payment must be directed to an SDU in -' accordance with 42 USC §666(b)(5) and (b)(6)or Tribal Payee (see Payments to SDU below). If payment is not directed to an SDU/Tribal Payee or this IWO is not regular on its face, you must check this box and return the IWO to the sender. Signature of Judge/Issuing Official (if required by State or Tribal law): Print Name of Judge/Issuing Official: . , , =tom Title of Judge/Issuing Official: Date of Signature: MAR 0 4 2014 If the employee/obligor works in a State or for a Tribe that is different from the State or Tribe that issued this order, a copy of this IWO must be provided to the employee/obligor. ❑ If checked,the employer/income withholder must provide a copy of this form to the employee/obligor. ADDITIONAL INFORMATION FOR EMPLOYERS/INCOME WITHHOLDERS Pennsylvania law(23 PA C.S. §4374(b)) requires remittance by an electronic payment method if an employer is ordered to withhold income from more than one employee and employs 15 or more persons, or if an employer has a history of two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections and Disbursement Unit(PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID(shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. State-specific contact and withholding information can be found on the Federal Employer Services website located at: http://www.acf.hhs.gov/programs/cse/newhire/employedcontacts/contact_map.htm Priority: Withholding for support has priority over any other legal process under State law against the same income (USC 42 §666(b)(7)). If a Federal tax levy is in effect, please notify the sender. Combining Payments: When remitting payments to an SDU or Tribal CSE agency, you may combine withheld amounts from more than one employee/obligor's income in a single payment. You must, however, separately identify each employee/ obligor's portion of the payment. Payments To SDU: You must send child support payments payable by income withholding to the appropriate SDU or to a Tribal CSE agency. If this IWO instructs you to send a payment to an entity other than an SDU (e.g., payable to the custodial party, court, or attorney), you must check the box above and return this notice to the sender. Exception: If this IWO was sent by a Court, Attorney, or Private Individual/Entity and the initial order was entered before January 1, 1994 or the order was issued by a Tribal CSE agency, you must follow the"Remit payment to" instructions on this form. Reporting the Pay Date: You must report the pay date when sending the payment. The pay date is the date on which the amount was withheld from the employee/obligor's wages. You must comply with the law of the State(or Tribal law if applicable)of the employee/obligor's principal place of employment regarding time periods within which you must implement the withholding and forward the support payments. Multiple IWOs: If there is more than one IWO against this employee/obligor and you are unable to fully honor all IWOs due to Federal, State, or Tribal withholding limits, you must honor all IWOs to the greatest extent possible, giving priority to current support before payment of any past-due support. Follow the State or Tribal law/procedure of the employee/obligor's principal place of employment to determine the appropriate allocation method. Lump Sum Payments: You may be required to notify a State or Tribal CSE agency of upcoming lump sum payments to this employee/obligor such as bonuses, commissions, or severance pay. Contact the sender to determine if you are required to report and/or withhold lump sum payments. Liability: If you have any doubts about the validity of this IWO, contact the sender. If you fail to withhold income from the employee/obligor's income as the IWO directs, you are liable for both the accumulated amount you should have withheld and any penalties set by State or Tribal law/procedure. Anti-discrimination: You are subject to a fine determined under State or Tribal law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against an employee/obligor because of this IWO. OMB Expiration Date—05/31/2014.The OMB Expiration Date has no bearing on the termination date of the IWO;it identifies the version of the form currently in use. Form EN-028 11/13 Service Type M Page 2 of 3 Worker ID $IATT • Employer's Name: E. I.ASSOCIATES Employer FEIN: 222916169 Employee/Obligor's Name: BARNHARDT, MARK S. 1309102160 CSE Agency Case Identifier:(See Addendum for case summary) Order Identifier:(See Addendum for order/docket information) Withholding Limits:You may not withhold more than the lesser of: 1)the amounts allowed by the Federal Consumer Credit Protection Act(CCPA)(15 U.S.C. 1673(b));or 2)the amounts allowed by the State or Tribe of the employee/obligor's principal place of employment(see REMITTANCE INFORMATION). Disposable income is the net income left after making mandatory deductions such as: State, Federal,local taxes;Social Security taxes;statutory pension contributions; and Medicare taxes.The Federal limit is 50%of the disposable income if the obligor is supporting another family and 60%of the disposable income if the obligor is not supporting another family. However,those limits increase 5%-to 55%and 65%-if the arrears are greater than 12 weeks. If permitted by the State or Tribe, you may deduct a fee for administrative costs.The combined support amount and fee may not exceed the limit indicated in this section. For Tribal orders,you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers/income withholders who receive a State IWO, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer/income withholder is located or the maximum amount permitted under section 303(d)of the CCPA(15 U.S.C. 1673(b)). Depending upon applicable State or Tribal law,you may need to also consider the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. Arrears greater than 12 weeks?If the Order Information does not indicate that the arrears are greater than 12 weeks,then the Employer should calculate the CCPA limit using the lower percentage. Additional Information: NOTIFICATION OF EMPLOYMENT TERMINATION OR INCOME STATUS: If this employee/obligor never worked for you or you are no longer withholding income for this employee/obligor, an employer must promptly notify the CSE agency and/or the sender by returning this form to the address listed in the Contact information below: 2229161690 Q This person has never worked for this employer nor received periodic income. Q This person no longer works for this employer nor receives periodic income. Please provide the following information for the employee/obligor: Termination date: Last known phone number: Last known address: Final Payment Date To SDU/Tribal Payee: Final Payment Amount: New Employer's Name: New Employer's Address: CONTACT INFORMATION: To Employer/Income Withholder: If you have any questions, contact WAGE ATTACHMENT UNIT(Issuer name) by phone at(717)240-6225, by fax at(717)240-6248, by email or website at:www.childsupport.state.pa.us. Send termination/income status notice and other correspondence to: DOMESTIC RELATIONS SECTION, 13 N. HANOVER ST. P.O. BOX 320, CARLISLE, PA. 17013(Issuer address). To Employee/Obligor: If the employee/obligor has questions, contact WAGE ATTACHMENT UNIT(Issuer name) by phone at(717)240-6225, by fax at(717)240-6248, by email or website at www.childsupport.state.pa.us. IMPORTANT:The person completing this form is advised that the information may be shared with the employee/obligor. OMB No.:0970-0154 Form EN-028 11/13 Service Type M Page 3 of 3 Worker ID$IATT f . ADDENDUM Summary of Cases on Attachment Defendant/Obligor: BARNHARDT, MARK S. PACSES Case Number 891111095 PACSES Case Number Plaintiff Name Plaintiff Name LISA J. BARNHARDT Docket Attachment Amount Docket Attachment Amount 09-5684 CIVIL $ 1,700.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB PACSES Case Number PACSES Case Number Plaintiff Name Plaintiff Name Docket Attachment Amount Docket Attachment Amount $ 0.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB PACSES Case Number PACSES Case Number Plaintiff Name Plaintiff Name Docket Attachment Amount Docket Attachment Amount $ 0.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB Addendum Form EN-028 11/13 Service Type M OMB No.:0970-0154 Worker ID $IATT 20 i,(( 1 . {'.`iii.l '1 LiAiiIA LISA J. BARNHARDT, ) IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND ) COUNTY, PENNSYLVANIA ) vs. ) CIVIL ACTION - LAW ) ) NO. 09-5684 CIVIL TERM MARK S. BARNHARDT, ) Defendant ) IN DIVORCE MOTION TO CLARIFY, CORRECT, AND ENFORCE SETTLEMENT AGREEMENT AND NOW comes the above-named Plaintiff, by her attorney Samuel L. Andes, and moves the court to clarify, correct and enforce the terms of an agreement reached by the parties before the Divorce Master on 11 February 2014, based upon the following: 1. The moving party herein is the Plaintiff. The responding party herein is the Defendant. 2. The parties have been engaged in the litigation of the above-captioned divorce action for more than four years. The resolution of the matter has been difficult and the parties have been before this court on several occasions previously. 3. On 11 February 2014, the date set for the final hearing before the Divorce Master in this matter, and after several hours of negotiation, the parties were able to reach agreement to resolve all of their property and financial issues so they could conclude a divorce. Their agreement was reduced to a written stipulation, a copy of which is attached hereto and marked as EXHIBIT A. 4. Paragraph 16 of the Agreement is self-contradictory and requires clarification. Specifically, the first portion of the paragraph permits a modification of Husband's alimony obligation only upon his retirement or upon his disability and the receipt of social security disability benefits. The next portion of the paragraph appears to permit a modification of • Husband's alimony obligation if he is partially disabled. There is no payment of social security disability benefits allowed under the law for partial disability. As a result, the provisions of Paragraph 16 are self-contradictory and need to be clarified. 5. Both parties and both counsel have acknowledged that the provisions of Paragraph 16 need to be clarified. Unfortunately, they have not been able to agree upon that clarification for the reasons set forth below. 6. Paragraph 17 of the Agreement is intended to divide the household furnishings and other items of household tangible personal property between the parties. 7. Husband has failed to comply with the provisions of Paragraph 17 by delivering to Wife, or even making available to her for her to pick up, the items identified in the Agreement. Husband has refused to allow Wife into the home to retrieve items or determine what items Husband did not provide that may be available in the home. 8. Plaintiff and her attorney have attempted to resolve these matters with Husband and his attorney, without success. Plaintiff's counsel believes that Husband has ceased to cooperate with his attorney, making it difficult, if not impossible, for the parties to resolve these matters. Defendant has refused to communicate with Plaintiff about these matters. 9. Plaintiff believes these matters could be easily resolved by a meeting with the parties, counsel, and the court. Accordingly, Plaintiff requests a settlement conference with the court, attended by both parties and their counsel and, if the matter is not resolved there, a subsequent hearing before the court. 10. Plaintiff believes that, without the active involvement of the court, these matters will not be resolved and will simply led to further and continuing litigation. 11. Prior orders in this case have been entered by the Honorable Kevin A. Hess, President Judge and the Honorable Edward E. Guido, Judge. 12. Defendant has indicated, through his counsel, that Defendant does not concur in the relief requested in this Motion. • WHEREFORE, Plaintiff prays this court to schedule a conference with the parties and counsel or, at the court's election a hearing, to resolve the remaining issues in the case, including the apparent ambiguity in the settlement agreement reached before the Master, and to take such other action as the court deems appropriate. Samuel L. Andes Attorney for Plaintiff Supreme Court ID# 17225 525 North 12th Street P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 CERTIFICATE OF SERVICE I hereby certify that I served an original of the foregoing document upon counsel for the Defendant herein by regular mail, postage prepaid, addressed as follows: Hubert X. Gilroy, Esquire 10 East High Street Carlisle, Pa 17013 Date: 19 March 2014 Amy M. Harkins Secretary for Samuel L. Andes LISA J. BARNHARDT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 09 - 5684 CIVIL MARK S . BARNHARDT, Defendant IN DIVORCE THE MASTER: Today is Tuesday, February 11, 2014 . This is the date set for a hearing in the above-captioned divorce proceedings. Present in the hearing room are the Plaintiff, Lisa J. Barnhardt, and her counsel Samuel L. Andes. Also present is the Defendant, Mark S. Barnhardt, and his counsel Hubert X. Gilroy. The action was initiated by the filing of a complaint in divorce on August 17, 2009, raising grounds for divorce of irretrievable breakdown of the marriage. With respect to the grounds for divorce, the parties are going to sign affidavits of consent and waivers of notice of intention to request entry of divorce decree so that the divorce can conclude under Section 3301 (c) of the Domestic Relations Code. It is noted that a 3301 (d) affidavit was filed on September 21, 2012 . However, we are going to proceed with the 3301 (c) section, using the affidavits and waivers. The complaint also raised economic claims of equitable distribution, alimony pendente lite, alimony, and counsel fees and costs . 1 The Master has been advised that after considerable negotiations today and previously, the parties have reached a comprehensive agreement with respect to the outstanding economic issues . The agreement is going to be placed on the record in the presence of the parties. The agreement as stated on the record will be considered the substantive agreement of the parties, not subject to any changes or modifications except for correction of typographical errors which may be made during the transcription. The agreement is going to be transcribed and sent to counsel for review for correction of typographical errors . After the corrections have been made, if any, the parties will sign the agreement affirming the terms of settlement as stated on the record. It is specifically noted, however, that even though the parties have not signed the agreement after they leave the hearing room today, they are nevertheless bound by the agreement as stated on the record today. The signing of the agreement is for the purpose of the parties affirming the terms of settlement. The agreement will be returned to the Master by counsel after obtaining signatures . If one or both of the parties do not sign, nevertheless, the Master will be able to send the agreement forward to the Court vacating his appointment based on the fact that the agreement was stated on the record before the Master. If the parties return the 2 completed agreement to the Master, signed by both parties affirming the terms of settlement, then the Master will prepare an order vacating his appointment and counsel can then file a praecipe transmitting the record to the Court requesting a final decree in divorce. The parties were married on July 25, 1981, and separated on June 2009. The parties are the parents of two adult children. Mr. Gilroy. MR. GILROY: 1 . The parties agree to sign today consent affidavits and waivers so that a motion for a final decree in divorce can be filed once the Master vacates his appointment . 2 . The parties jointly own a Volkswagon Cabrio automobile and the parties agree to transfer that to their child, Austin. 3 . The parties jointly own real estate at 832 Flintlock Ridge Road, Mechanicsburg, Pennsylvania. At a time as set forth below, wife shall execute a deed conveying said real estate to husband, and husband shall have exclusive and sole possession of said real estate and wife waives any claim in said real estate. 4 . Wife waives any claim for assessment against husband for rental value of the above mentioned marital residence since the date of separation. 5 . Husband owns a 2006 Audi automobile, and said automobile shall be the exclusive and sole property of husband and wife waives any claim in said automobile. 6 . Husband has a Valic 401 (k) pension plan which he has through his employment . Subject to the allocation on said plan as set forth below, wife waives any and all claims that she may have in said pension plan and said plan shall be the sole and exclusive property of husband. 7 . Husband maintained a money market account at M&T Bank at or about the time of separation with a balance of 3 $51, 859. 00 . Wife waives any claim in said money and said money shall be the sole and exclusive property of husband. 8 . Husband had removed from a joint account the sum of $7, 000 . 00 prior to separation, and wife waives any claim or assessment in connection with said money. 9 . Husband waives any claim against wife for purposes of taxes, home maintenance, or other expenses in connection with his maintenance of the marital home since date of separation. 10 . There is a line of credit loan that is the lien against the above referenced marital home through M&T Bank which has an approximate balance of $13, 600 . 00 . Husband shall assume said loan and shall indemnify and hold wife harmless in connection with said loan. Said loan shall be paid off on or before the date the deed for the real estate is transferred as set forth below. 11 . Husband has paid various credit card accounts since the date of separation, some of which may have been joint; some of which may have been in his own name. Husband waives any claim against wife in connection with those accounts. 12 . Wife owned a 1999 Audi automobile at the time of separation which has since been sold. Husband waives any claim in connection with said automobile and the proceeds from the sale of that automobile shall be the sole and exclusive property of wife. 13 . Wife maintains a Pinnacle Health 403 (b) plan which has an approximate value of $111, 000 . 00 . Said plan shall be the sole and exclusive property of wife, and husband waives any and all claims relating to said plan. 12 . Wife owns a Pinnacle Health pension plan which has an approximate current fair market value, pursuant to a Conrad Siegel appraisal, of $71, 800 . 00. Said plan shall be the sole and exclusive property of wife and husband waives any claim in said plan. 13 . Wife had an M&T Bank market money account at the time of separation with an approximate balance of $2, 800 . 00 . Husband waives any claim relative to said account or any appreciation on said account. 14 . Wife has various credit card balances in her own name, including, but not limited to, the Discover card account. Wife agrees to assume all payments on said credit card 4 accounts and to indemnify and hold husband harmless in connection with said accounts . 15 . Husband agrees that $165, 000 . 00 shall be transferred to wife from his Valic 401 (k) plan pursuant to a Qualified Domestic Relations Order. The QDRO shall be prepared by wife' s attorney or designee, and the QDRO shall specify that the $165, 000 . 00 transfer shall be effective as of February 11, 2014 , with any appreciation or depreciation from February 11, 2014 , adjusted based upon the $165, 000 . 00 value. Within ten (10) days from February 11, 2014, husband shall pay to wife $75, 000 . 00 which payment shall be made by husband' s attorney' s office to the attorney for wife. Within eight (8) weeks of February 11, 2014, husband shall pay an additional $75, 000 . 00 to wife through his attorney' s office payable to wife' s attorney' s office. It is understood that when husband makes the second payment of $75, 000 . 00, within the eight (8) week time-frame set forth above, wife shall, contemporaneous with that payment, deliver a deed for the mentioned marital real estate to husband' s attorney. 16 . Husband is currently paying alimony pendente lite to wife through the Cumberland County Domestic Relations Office. Effective March 1, 2014, the alimony pendente lite order shall be modified to a monthly rate of $1, 700 . 00 . Additionally, upon the entry of a divorce decree and effective the date of the divorce decree, the APL order shall be modified and become an alimony order payable through the Cumberland County Domestic Relations Office. This alimony payment shall be fixed at the rate of $1, 700 . 00 per month and nonmodifable by the parties until such time as husband retires from his employment or becomes disabled and is receiving disability benefits through the social security administration. For the purpose of disability, the term shall include permanent and partial disability, with it noted that if husband is temporarily disabled he may seek a temporary modification of the alimony award. Without regard to husband' s disability or retirement, all income received by husband, including retirement benefits, disability benefits, or any other income, shall be included for purposes of determining whether a modification is appropriate for the Court to consider. 5 These payment shall be made through the Cumberland County Domestic Relations Office and subject to wage attachment consistent with their guidelines. Wife' s death, husband' s death, wife ' s remarriage, or wife' s cohabitation shall result in termination of the alimony. 17 . Attached hereto and marked Exhibit A is a three-page document which includes various items of personal property listed. From that list on Page 1, it is agreed as follows : a) Wife shall receive the treadmill, one DVD player, one VCR player, and all of the Longaberger baskets. b) Husband agrees that the items as listed as Aubrey' s bedroom suit shall be given to Aubrey. c) Husband shall retain the other items listed on Page 1 . For purposes of Page 2, all items listed with the checkmark in the right-hand corner suggesting an "okay" shall be given to wife. Additionally, there is a specific agreement with respect to the following items: a) Husband shall divide with wife, equally, the video tapes and DVDs b) Both parties will examine what they have of the Mikasa china and will split the place settings equally. c) If husband has them in his possession, the glasses with the blue swirls, which was a gift to wife from her co-workers, shall be given to wife. d) The sleigh listed on Page 2 shall be given to wife. e) The ice cream maker listed on Page 2 shall be given to wife. With respect to Page 3 , there are items listed that have check marks signifying that those items of personal property shall be delivered to wife. In addition to those items and not included on Page 3 are the following items of personal property which husband shall deliver to wife: a) The wooden toy chest which wife had as a child. 6 b) The silver metal bowl which was a gift to wife from one of the children. c) The silver metal tray which was a gift to wife by her co-workers. d) Wife' s books which she estimates to be approximately 20 in number. Relative to Exhibit A and the items of personal property, husband represents that he believes in good faith that he possess the items which he has marked with a checkmark and intends to deliver to wife. Additionally, with respect to the other items specifically set forth above in the various subparagraphs, husband believes in good faith that he may have those items in his possession and if so, he shall deliver them to wife as set forth above. Unless the parties agree otherwise, the parties shall meet on Saturday, February 22, 2014, at the marital home at 1: 00 p.m. for purposes of delivering the above-mentioned personal property to wife. 18 . Both parties waive any claims for attorney fees or costs in connection with this divorce litigation. 19. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow' s allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other' s estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. 20 . Additionally, each party will, at the request of the other, reasonably execute any and all documents that may be needed for purposes of waiver of interest in the above-mentioned pension plans or any other items of property. 7 MR. ANDES: Lisa, you've heard -- first of all, let me say, we 've been at this now for about four and a half or five hours, you heard the agreement as dictated by Mr. Gilroy. Do you have any questions about it? MS. BARNHARDT: Not right now I don' t. MR. ANDES: Well, you understand that now is the time to raise a question? When we leave here today and we all affirm this agreement as he dictated as the final settlement, that' s it. We can' t come back tomorrow or next week and say, Gee, we overlooked this or we changed our minds about that. This is the final settlement, do you understand? MS. BARNHARDT: Yes. MR. ANDES: You and I have been working on this case for several years and we have a lot of information about the assets in the case, are you satisfied that you have enough information that you can reach an agreement today that resolves all the claims in this case? MS. BARNHARDT: Yes. MR. ANDES: And you are satisfied that what was dictated by Mr. Gilroy is the final settlement? MS. BARNHARDT: Yes. MR. ANDES: Do you have any questions about it? MS. BARNHARDT: No. 8 MR. GILROY: Mr. Barnhardt, you've heard everything that has been said by the Divorce Master and by me as far as the items of the agreement; is that correct? MR. BARNHARDT: Yes. MR. GILROY: And you've been working with me for a few years on this, are you satisfied that you've had an opportunity to review all of the marital assets and are you satisfied with all the terms of the settlement that we have dictated here today? MR. BARNHARDT: Yes. MR. GILROY: And you understand that once everything is finished here today that the agreement will only be subject to minor modifications, typos or words that are inappropriate? Otherwise the substantive terms of the agreement are as we dictated today. Are you in agreement with that? MR. BARNHARDT: Yes. THE MASTER: Thank you. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to 9 the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: DATE: Samuel L. Andes Lisa J. Barnhardt Attorney for Plaintiff Hubert X. Gilroy Mark S. Barnhardt Attorney for Defendant 10 / ' Froa:Sanuei Andes, Esq. 717 761 1435 02/10/2014 15:07 #252 P.003/005 From: Lisa Barnhardt<lbamhardt24©conic a&.neb L) % To: Sam Andes'LawAndesQsd.com> Subject Maria(Items)not appraised Date: Mon,Feb 10,2014 7:47 am Marital Items) not appraised white Aalto 3 piece vases Black vase with colors Alessi coffeepot i sugar bowl i creaoer _ C• Treadmill e---'- 4a�ta luwWs s ! of wC TT r , ' l a% ,' the FR t r 3 @ fti 2 U-b ' 4/y�..v in DVD 4 VCR in IS s / ant t t surround sound in FR a ems gas grill Steamer trunk Other antique trunk .,� Fountain out back rongsnb.rger Baskets (several)--------` �(` )- Aubrey's BR suit bitlAwteri Ty )1 41 -7" c5> New Orleans print • t sent from my iPhone • From:Samuel Andes, Esq. 717 761 1435 02/10/2014 15:07 #252 P.004/005 From: Use Barnhardt<ibamhardt246comcastneD - S+ To: Sam Andes<LawAndeeta•ol.corn. Subject Personal Items Date: Mon,Feb 10,2014 7:47 am Personal Items e►t .9 Pictures i picture albums Z DO'H NOS" ✓ Personal papers WAe 1 �� � 4 Girls baby silverware & dishes lk SIM 1 Grandmas bowls & glass dishes ✓ Recipe basket «' Juo-Kra4 .i Guilts Sony camera uew !locum, -• Oakley sunglasses i case - HL•r gear %mit Ne My card collection ✓ Throw pillows I Games af .Zic:60l4e, t • green as grandmas) • Remainder if my clothes & shoes • Purple Georgia Okeefe print MO Purple vase (round ball) Patchwork afghan ;grandma made) ', Off white jewelry box 1 White ceramic picture frames 9. Precious Moments doll collection & box '1 white wood jewelry box (grandmas) Tall pink vase in Aub's BR & pictures I. framed she doesn't want. ?' Cookbooks Marilva�+loatoe vrint Ate _r � Lisa china- ," Xmas china ✓ somas glasses 'C Black wine glasses ,�wd � Set of reg glasses S- (,` 4. 1"v C� (silk Glasses with blue swirls (gift from my work) 9 Food processor Waffle iron ✓ Cappaehino maker Slack • plates i • dish accessories '444-vl 9 rom• • vair-Sldars • a saki glasses 14* -Fireplace tool set- Pottery tea sat v Encyclopedia set ✓Nancy Drew books ✓Grandmas 2 quilted blankets t My quarter collection Np 1/2 crocks 4 wicker chest Nt1 sleigh !42 f°-)rfas114.2) Little rocking chair 4 Wood high chair +Wedding dress 4 2 sets doilies (grandma made) I Yearbooks (grandma) ✓ Bread maker ('41 Ice creams soaker am a co action 'e Antique mantle__clock- ✓ Antique flower sifter Punch bowl set From:Samuel Andes, Esq. 717 761 1435 02/10/2014 15:08 #252 P.005/005 I Pis plater v Cookie. cutters 4. 2 antique baskets vq Set of luggage ----• v Tallest Calohalon pot Precious Moments doll collection Black ceramic pots Piwt.44-4-1 Ragedy Ann & Andy dolls (Joan made) Larger Ragedy Ann doll. (Joan made) Soft how to book. (Joan made) country lite in Hallmark bag Sas of infant outfits with receipt from Mtaceys, I Xmas oeccorations f Easter decoration. 'I Fall decoration. ,I Hose I Garden tools • Cooler vI 12 foot ladder d Antique tool cheat (grandfathers) Scrub bucket 1/2 extension cords Dolly 2 talk glass vases 1110 ---- el+ low 1:1!$-1R)41r/ Sent from my iPhone et C -w n co_ LISA J. BARNHARDT, Plaintiff vs. MARK S. BARNHARDT, Defendant Rri [E. I CUMBEff.LAND COUNT)' PENNSYLVANIA ) ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 09 -5684 CIVIL TERM IN DIVORCE ORDER OF COURT AND NOW this I day of , 2014, upon consideration of the attached Motion, a settlement conference is hereby scheduled, to be held in Court Room No. .2 of the Cumberland County Courthouse in Carlisle, Pennsylvania, before the undersigned, commencing at 1/ 00 o'clock A .m. on .2 im A�' oe maLsdf#y 2014. Both parties and their respective attorneys are directed to attend. Distribution: Samuel L. Andes, Esquire (Attorney for Plaintiff) 525 North 12th Street, P.O. Box 168, Lemoyne, PA 17043 Hubert X. Gilroy, Esquire (Attorney for Defendant) 10 East High Street, Carlisle, Pa ies n2t las 4/1 /M. 17013 J. LISA J. BARNHARDT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2009-5684 CIVIL : CIVIL ACTION - LAW MARK S. BARNHARDT, Defendant : IN DIVORCE rn `- 1. I am the ❑ Plaintiff X Defendant in the above - captioned (MARK ONE) ❑ custe C. divorce, ❑ support, ❑ protection from abuse, ❑ paternity case. ENTRY OF APPEARANCE AS A SELF - REPRESENTED PARTY, -T mac. 2. ❑ This (MARK ONE) ❑ is ❑ is not a new case and I am representing myself rdihis case and have decided not to hire an attorney to represent me. < <-•' OR (check only one box) X This is NOT a new case and Hubert X. Gilroy, Esquire of Martson Law Offices previously represented me in this case. I have decided not to be represented by that attorney and direct the Prothonotary to remove that attorney as my counsel of record in this case. I have provided a copy of this form to that attorney listed above at the following address: Hubert X. Gilroy, Esquire Martson Law Offices 10 E. High Street Carlisle, PA 17013 X I am entering my appearance as a self - represented party. My attorney acknowledges his withdrawal as my a or ey in this case. Hubert X,.� ilroy, Esquire 3. My address for the purpose of receiving all future pleadings and other legal notices is: 832 Flintlock Ridge Road, Mechanicsburg, Pennsylvania 17055. I understand that this address will be the only address to which notices and pleadings in this case will be sent, and that I am responsible to regularly check my mail at this address to ensure that I do not miss important deadlines or proceedings. X This is my home address. ❑ This is not my home address. 4. My telephone number where I can be reached during normal business hours (8:00 a.m. — 4:30 p.m. Monday — Friday) is (717) 503 -3383 My email address is mbarnhardt @eiassoc.com 5. I UNDERSTAND I MUST FILE A NEW FORM EVERY TIME MY ADDRESS OR TELEPHONE NUMBER CHANGES. 6. I have provided a copy of this form to all other attorneys or other self - represented parties at the following addresses as listed below: Name /Address: Samuel L. Andes, Esquire 525 North Twelfth Street P.O. Box 168 Lemoyne, PA 17043 Facsimile (717) 761 -1435 Telephone (717) 761 -5361 7. I fully understand that by deciding to represent myself, the Court will hold me to the same standards of knowledge regarding the statutory law, evidence law, Local and State Rules of Procedure and applicable case law as a Pennsylvania licensed attorney, and that I must be fully prepared to meet those responsibilities. I verify that the statements made in this Entry of Appearance as a Self - Represented Party are true and correct. I understand that if I make false statements herein, that I am subject to the criminal penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities which could result in . and /or prison term. tt 464.4, 2t Date Mark S. Barnhardt IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA UPON THE PETITON OF ) ) CIVIL ACTION-LAW LISA J. BARNHARDT, ) Plaintiff ) NO. 09-5684 CIVIL TERM vs. ) MARK S. BARNHARDT, ) ter- r Defendant , ,- , r a" MOTION FOR CONTINUANCE .."4 Tv COMES NOW the above named Defendant Mark Stephen Barnhardt, and moves this Honorable Court for a continuance of the hearing currently scheduled for 24 April 2014. The reason for this request is: Previous arrangements had been made by my employer and I am scheduled to be out of town meeting with clients at an annual foundation event sponsored by my employer, EI Associates. I respectfully request that this hearing be rescheduled to a date and time agreeable to both parties. In order to bring closure to this settlement agreement the following dates would be available: April 29, 2014 April 30, 2014 May 6, 2014 May 7, 2014 P Respectful y7 �bmitted, drj 1_9/ Mark Stephen Barnhardt 832 Flintlock Ridge Road Mechanicsburg, PA 17055 717.503.3383 CERTIFICATE OF SERVICE A copy of the foregoing has been sent via Certified U.S. Mail: Samuel Andes, Esquire 525 North Twelfth Street P.O. Box 168 Lemoyne, PA 17043 On this 14th day of April, 2014 kY' --\-• • Mark S. Barnhardt LISA J. BARNHARDT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. MARK S. BARNHARDT : NO. 2009 — 5684 CIVIL TERM ORDER OF COURT AND NOW, this A61 day of APRIL, 2014, the hearing scheduled for April 24, 2014, at 11:00 a.m. is continued 7I ,/ 1d Al. ./100/6'L I�`, .2o /4! n't //:30 A • di • • Samuel Andes, Esquire Mark S. Barnhardt :sld Wr I €s . i tcriL I J//a yl,Y By the Edward E. Guido, J. -4 p -1 $3' LISA J. BARNHARDT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 09 -5684 CIVIL TERM MARK S. BARNHARDT, CIVIL ACTION - LAW Defendant IN DIVORCE ORDER OF COURT AND NOW, this 28th day of April, 2014, it is hereby ordered and directed as follows: 1. The agreement as articulated in front of the Divorce Master shall remain in full force and effect. Mr. Barnhardt shall provide the numbers of the accounts within the fund from which the qualified Domestic Relations Order transfers shall be made within 10 days of today's date. Said numbers to be provided directly to Mr. John Cramer. 2. Wife is directed to deliver a properly executed deed conveying her interests in the marital residence to husband within 10 days of today's date. Upon receipt of the deed, husband shall pay off the home equity loan on the premises. 3. We will hold a hearing on May 19, 2014, at 10:00 a.m., to determine the whereabouts of the six items of personal property wife feels she is entitled to under the terms o.,,f the (7 -c a �" s rn rn ' r- Ccs z -7. A CD agreement. By the Court, Edward E. Guido, J. Samuel L. Andes, Esquire algit.ck Attorney for Plaintiff Mark S. Barnhardt Defendant, Pro se srs iv a 9/1Y LISA J. BARNHART, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. MARK S. BARNHART, Defendant : NO. 2009 — 5684 CIVIL : CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 16TH day of MAY, 2014, based upon a conflict on our calendar the hearing scheduled for Monday, May 19, 2014, at 10:00 a.m. is rescheduled for THURSDAY, JUNE 19, 2014, at 2:30 p.m. in Courtroom # 3. Samuel L. Andes, Esquire For the Plaintiff /Mark S. Barnhardt Defendant, Pro se :sld By the Court, Edward E. Guido, LISA J. BARNHARDT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 09 - 5684 CIVIL MARK S. BARNHARDT, Defendant IN DIVORCE ORDER OF COURT AND NOW, this S day of 2014, counsel and the parties having entered into an agreement and stipulation resolving the economic issues on February 11, 2014, the date set for a Master's hearing, the agreement and stipulation having been transcribed, and the parties having agreed that the agreement on the record binds them to the terms of settlement without affirming signatures, the appointment of the Master is vacated and counsel can conclude the proceedings by the filing of a praecipe to transmit the record with the affidavits of consent and waivers of the parties so that a final decree in divorce can be entered. cc: Samuel L. Attorney Hubert X. Attorney Andes for Plaintiff Gilroy for Defendant frelliscL BY THE COURT, K in A. Hess, P.J. c LISA J. BARNHARDT, VS. MARK S. BARNHARDT, To the Prothonotary: IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION No. 09 -5684 CIVIL TERM PRAECIPE TO TRANSMIT RECORD Transmit the record, together with the following information, to the court for entry of a rce decree: cf) y ad- r ."1", v r 1. Ground for divorce: Irretrievable breakdown under § (3301(c)) and § (3301(d)(1)) of the Divorce Code. (Strike out inapplicable section.) 2. Date and manner of service of the complaint: C.— 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by § 3301(c) of the Divorce code: by plaintiff 11 February 2014 ; by defendant 11 February 2014 (b) (1) Date of execution of the affidavit required by § 3301(d) of the Divorce Code: (2) Date of filing and service of the plaintiff's § 3301(d) affidavit upon the respondent opposing party: 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 plaintiffs Waiver of Notice was filed with the Prothonotary: 11 February 2014 and filed with the Prothonotary on 12 February 2014 Date defendant's Waiver of Notice was filed with the Prothonotary: 11 February 2014 and filed with the Prothonotary on 12 February 2014 Attorney or Plaint' /Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA LISA J. BARNHARDT • V. • MARK S. BARNHARDT : NO. 09-5684 CIVIL TERM DIVORCE DECREE AND NOW, 'Sat.t 114S Qlvl VALI , it is ordered and decreed that LISA J. BARNHARDT , plaintiff, and MARK S. BARNHARDT , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") NONE By the Court, �r "sas tat ts .114( 'M, ss _ ,� • °-� - Attest: J. --• IttieeLl Prothono ry • art C©4I rYBil ndes MAN, + Copy nailed 4ocebf 14(10 t...isa J. Barnhardt IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA.--- VS. CIVIL ACTION - LAW IN DIVORCE ._ Mark S. Barnhardt NO, 09-5684 lAt,- r" Defendant •`-. QUALIFIED DOMESTIC RELATIONS ORDER -. • I. Recitals • 1. The parties to this action have agreed to settle division of their marital property pursuant to a Property Settlement Agreement dated,Re Apr) I ab(y . 2. This Order creates and recognizes the existence of an Alternate Payee's right to receive a portion of the Participants benefits payable under an employer sponsored defined contribution plan which is intended to be qualified under Internal Revenue Code of 1986 ("Code") §403(b). The Court intends this order to be a Qualified Domestic Relations Order ("QDRO")within the meaning of Code §414(p). The Court enters this ODRO pursuant to its authority under the 23 P.C.S.A. §3502. IL Statements of Fact Pursuant to Code §414(p) 3. This QDRO applies to the E.I. Associates, Inc. 401(k) Plan ("Plan"). Further, this Order shall apply to any successor plan to the Plan or any other plan(s) to which liability for provision of the Participant's benefits described below is incurred. Any benefits accrued by the Participant under a predecessor plan of the employer or any other defined contribution plan sponsored by the Participants employer, whereby liability for benefits accrued under such predecessor plan or other defined contribution plan has been transferred to the Plan, shall also be subject to the terms of this Order. Any changes in Plan Administrator, Plan sponsor, or name of the Plan shall not affect Alternate's Payee's rights as stipulated under this Order. 4. Mark S. Barnhardt (`Participant") is a participant in the Plan. Lisa J. Barnhardt ("Alternate Payee") is the alternate payee for purposes of this QDRO. 5. The Participant's name, mailing address, Social Security Number, and date of birth are: Name: Mark S. Barnhardt Address: 832 Flintlock Ridge Road Mechanicsburg, PA 17055 SS#: See Addendum DOB: See Addendum VALIC Account #: See Addendum 6. The Alternate Payee's name, mailing address, Social Security Number, and date of birth are: Name: Lisa J. Barnhardt Address: 24 Mallard Court Mechanicsburg, PA 17055 SS#: See Addendum DOB: See Addendum The Alternate Payee shall have the duty to notify the Plan Administrator in writing of any changes in this mailing address subsequent to the entry of this Order. 7. The portion of the Participant's plan benefits payable to the Alternate Payee under this QDRO is$165,000.00 of the Participants total account balance accumulated under the Plan as of the following determination date: February 11, 2013 (or the nearest valuation date thereto). The Alternate Payee's portion of the benefits described above shall be segregated and separately maintained in account(s) established on her behalf and shall be credited with any investment income, gains, or losses attributable thereto from February 11, 2013, until the date of total distribution to the Alternate Payee. Her accounts shall be established in the same ratio as the Participants accounts as regards any elective deferral account, employer profit sharing account, employee match or other contribution source account. The funds shall be withdrawn from the VALID account numbers shown in the Addendum. The accounts established for the Alternate Payee shall be initially invested in the same investment mix elected by the Participant for his accounts until such time as the Alternate Payee submits an affirmative election to the Plan Administrator. However, the investment mix shall not include any loan to the Participant which is treated by the Plan as an investment sub-account of the Participant. III. Recitals Pursuant to Code §414(p)(3) 8. This QDRO does not require the Plan to provide any type or form of benefit the Plan does not otherwise provide. 9. This QDRO does not require the Plan to provide increased benefits. 10. This QDRO does not require the Plan to pay any benefits which another Order previously determined to be a qualified domestic relations order requires the Plan to pay to another alternate payee. IV. Time and Manner of Payment 11. If the Alternate Payee so elects, the Plan shall distribute the amount designated in Section 7 of this QDRO, together with allocable income,gains or losses, as soon as administratively feasible following the Plan Administrator's approval of this Order. 12. Benefits are to be payable to the Alternate Payee in any form or permissible option otherwise available to participants and alternate payees under the terms of the Plan, including, but not limited to,a lump sum cash payment. The Alternate Payee shall have the opportunity to elect a rollover to another Individual Retirement Account or Eligible Retirement Plan. The Alternate Payee shall execute any forms required by the Plan Administrator. 13. On and after the date that this Order is deemed to be a QDRO, but before the Alternate Payee receives her distribution under the Plan, the Alternate Payee shall be entitled to all of the rights and election privileges that are afforded to active participants, including, but not limited to,the rules regarding withdrawals and distributions, the right to name a beneficiary, and the right to direct her Plan investments to the extent permitted under the Plan. 14, All payments made pursuant to this Order shall be conditioned on the certification by the Alternate Payee and the Participant to the Plan Administrator of such information as the Plan Administrator may reasonably require from such parties. 15. It is the intention of the parties that this QDRO continue to qualify as a QDRO under Code §414(p), as it may be amended from time to time, and that the Plan Administrator shall reserve the right to reconfirm the qualified status of the Order at the time benefits become payable hereunder. 16. In the event that the Plan inadvertently pays to the Participant any benefits that are assigned to the Alternate Payee pursuant to the terms of this Order, the Participant shall immediately reimburse the Plan to the extent that he has received such benefit payments arid shall forthwith pay such amount so received directly to the Plan within ten (10) days of receipt. In the event that the Plan inadvertently pays to the Alternate Payee any benefits that are assigned to the Participant pursuant to the terms of this Order, the Alternate Payee shah immediately reimburse the Plan to the extent that she has received such benefit payments and shall forthwith pay such amount so received directly to the Plan within ten (10) days of receipt. 17. In the event that the Participant's benefits, or any portion thereof, become payable to the Participant as a result of temiination or partial termination, then the Alternate Payee shall be entitled to commence her benefits immediately in accordance with the terms of this QDRO and in accordance with the termination procedures of the Plan. 18_ After payment of the amount required by this QDRO, the Alternate Payee shall have no further claim against the Participant's interest in the Plan, 19. The Alternate Payee assumes sole responsibility for the tax consequences of the distribution under this QDRO. 20. Until the Plan completes payment of all benefits pursuant to this ODRO, the Plan shall treat the Alternate Payee es a surviving spouse for purposes of Code §§401(a)(11) and 417, but the Alternate Payee shall receive, as surviving spouse, only the amount described in Section 7 of this CORO. The sole purpose of this Section 20 is to ensure payment to the Alternate Payee in the event of Participant's death prior to payment by the Plan of the amount described in Section 7 of this QDRO. In the event of the Alternate Payee's death prior to the payment by the Plan of all benefits pursuant to this QDRO, the Plan shall pay the remaining benefits under this QORO to the Alternate Payee's estate or any beneficiary subsequently designated by the Alternate Payee and recorded with the Plan Administrator under the terms of the Plan, V. Procedure for Processing this ODRO 21. The Plan shall treat this QDRO in accordance with Code §414(p)(7). While the Plan is determining whether this Order is a qualified domestic relations order, the Plan Administrator shall separately account for the amounts which would have been payable to the Alternate Payee while the Plan is determining the qualified status of this QDRO. 22. The Plan Administrator promptly shall notify the Participant and the Alternate Payee of the receipt of this QDRO and shall notify the Participant and the Alternate Payee of the Plan's procedures for determining the qualified status of this QDRO. The Plan Administrator shall determine the qualified status of the QDRO and shall notify the Participant and the Alternate Payee of the determination within a reasonable period of tome after receipt of this QDRO. 23. The Court shall retain jurisdiction with respect to this Order to the extent required to maintain its qualified status and the original intent of the parties as stipulated herein. BY THE COURT • Judge c 114 1 f 4 I CONSENT TO ORDER: 4 �1 L aMi '1111. /e P intiff/ nate P- = to Defendant/Participant Date 4.11.•tot* At t •-y for Plai iHI Date Atteuaday.4ar.aairiocierali Date Alternate Payee Participant Copils /'Call Lc A41 S . Audi mak 3 ,,►, -