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HomeMy WebLinkAbout09-6423JORDAN D. CUNNINGHAM, ESQUIRE CUNNINGHAM & CHERNICOFF, P.C. 2320 NORTH SECOND STREET HARRISBURG, PA 171 10 TELEPHONE: (717) 238-6570 FACSIMILE (717) 238-4809 EMAIL: JCUNNINGHAM 6bCCLAWPC.COM MELISSA MALAVENDA, Plaintiff V. CARL R. MALAVENDA, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 3 Cixv,`l -f CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you in 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 divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. As list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013, (717) 240-6100. 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, 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 S. Bedford Street Carlisle, PA 17013 717-249-3166 or 800-990-9108 Jordan D. Cunningham, Esquire CUNNINGHAM & CHERNICOFF, P.C. 2320 North Second Street Harrisburg, Pa 17110 Telephone: (717) 238-6570 Facsimile: (7 7) 238-4809 Email: icunnin hg arnAcclawpc.com Attorneys for Plaintiff MELISSA MALAVENDA, Plaintiff V. CARL R. MALAVENDA, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) AND SECTION 3301(d) OF THE DIVORCE CODE Count I 1. Plaintiff, Melissa Malavenda, is an adult individual who currently resides at 301 North Progress Avenue, Apartment 13-B, Harrisburg, Dauphin County, Pennsylvania 17109. The Plaintiff is a citizen of the United States of America. 2. Defendant, Carl R. Malavenda, is an adult individual who currently resides at 4 Shoemaker Lane, Mechanicsburg, Cumberland County, Pennsylvania. The Defendant is a citizen of the United States of America. 3. The parties have been bona fide residents of the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on September 5, 2001, in Myrtle Beach, South Carolina. 5. Plaintiff avers that there are no children of the parties under the age of eighteen (18). 6. There have been no prior actions of divorce or for annulment between the parties. 7. Plaintiff has been advised that counseling is available and the Plaintiff may have the right to request that the Court require the parties to participate in counseling. 8. The marriage is irretrievably broken. 9. Neither Plaintiff nor Defendant is in the military service of the United States of America. WHEREFORE, Plaintiff requests this Honorable Court to enter a Decree of Divorce. Count II Equitable Distribution 10. The averments in Paragraphs 1 through 9, inclusive, are incorporated herein by reference thereto. 11. During the course of the marriage, the parties acquired marital property. 2 WHEREFORE, the Plaintiff requests the Court to equitably determine, divide, distribute and assign the marital property of the parties pursuant to Section 3501 of the Divorce Code. Count III Request for Alimony Pendente Lite, Counsel Fees, Costs and Expenses Under Sections 3104(a)(1); 3323(b); 3702 and 4351(x) of the Divorce Code 12. The averments in Paragraphs 1 through 11, inclusive, are incorporated herein by reference thereto. 13. Plaintiff has employed Jordan D. Cunningham, Esquire and the law firm of Cunningham & Chernicoff, P.C. to represent her in this matrimonial cause. 14. Plaintiff is unable to support herself and pay her counsel fees, costs and expenses, and Defendant is more than able to pay them. 15. Defendant is employed and has the ability to pay Plaintiff's counsel fees, costs and expenses. 16. Reserving the right to apply to the Court temporary counsel fees, costs and expenses prior to final hearing, Plaintiff requests that, after final hearing, the Court order Defendant to pay Plaintiff's reasonable counsel fees, costs and expenses. WHEREFORE, Plaintiff respectfully requests that pursuant to Sections 3104(a)(1); 3702; 3323(b); 3702; and 4351(a) of the Divorce Code, the Court enter an order directing Defendant to pay Plaintiff's reasonable counsel fees, costs and expenses. 3 Count IV Request for Alimony 17. The averments in Paragraphs 1 through 16, inclusive, are incorporated herein by reference thereto. 18. Plaintiff is without adequate funds to support herself an is without the ability or training to support herself in the future. 19. Defendant has failed and refused to support the Plaintiff since the date of the parties separation. WHEREFORE, Plaintiff prays this Honorable Court to grant Plaintiff alimony pusuant to the provisions of the Divorce Code 23 Pa. C.S.A. §3701 et seq. Respectfully submitted, CUNNINGHAM & CHERNICOFF, P.C. Dated: oZY 0 By: J dan Esquire A I.D ;O?unningham, . 23144 2320 North Second Street Harrisburg, PA 17110 (717) 238-6570 Attorneys for Plaintiff F:\Home\AHEWITT\DOCS\M-N\MALAVENDA, MELISSA\divorce complaint final 092409.wpd 4 VERIFICATION I, Melissa Malavenda, hereby acknowledge that I am the Plaintiff in the foregoing action; that I have read the foregoing Complaint in Divorce; and the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. V 0 00:. Melissa Malavenda Dated: q JaqJ aWq _ MELISSA MALAVENDA, Plaintiff V. CARL R. MALAVENDA, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN : ss The Plaintiff, being duly sworn according to law, deposes and says that she is the Plaintiff in the above-captioned matter and that she personally knows that the Defendant is over the age of eighteen (18) years. The Plaintiff further avers that the Defendant is not in the Military Service or in any branch of the Armed Forces of the United States of America or its Allies or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 and its Amendments. Melissa Malavenda SWORN to and Subscribed to before me this e9 -?- day of n bee- , 2009 4uk??= Not P b is NoMftq oft MARRaWRO DALVMM CQW4"y My Comm'" on 6110" Sep e. toil MELISSA MALAVENDA, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. CARL R. MALAVENDA, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN : ss I, Melissa Malavenda, being duly sworn according to law, depose and say: I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 2. I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 3. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a Divorce Decree being handed down by the Court. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. 0 0--?0-4.L1? AX1rPM ?? Melissa Malavenda SWORN to anSubscribed to before me this?? day of ?= ry))C)ee- , 2009 0 A NOW" ow AN*" L "N" ary Pub c Notary haft F:\home\,A I WITT\DOCS\M-N\MALAVENDA, MELISSA\affdavl.wpd Mhork" CM. bAW" CQINIl1? Ws Cam nmftn 106" Mp •, sell (t) "'T TFF M9 IEP 25 i'?;'Il C: 4, 1 n 5"3 3!R, S?) PA 4-1?1 7 $., v 0 3 ajeb4l._d C?r? fs Sys 6 5-0 ?od-41 a0 yG ?310 E 1WJAN JMOAWM VM J AHMNA Yt~ "MYOO MOW Yfl* souMIm" E, rOt .,6 w+igx3 nOMW"M:D v MELISSA MALAVENDA, Plaintiff . V. . CARL R. MALAVENDA, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-6423 CIVIL ACTION - LAW IN DIVORCE ACCEPTANCE OF SERVICE The undersigned hereby warrants and represents that she represents the interests of Carl R. Malavenda, Defendant, in the above captioned matter and is authorized to accept service of the Complaint in Divorce on his behalf. Respectfully submitted, ABOM & KUTULAKIS Dated: IO 112- D 1 By: Kara W. Haggerty PA Supreme Court I. . 2 West High Street Carlisle, PA 17013 Telephone: (7171249-0900 Attorneys for Defendant F:\Home\AHEWITT\DOCSiM-N\MALAVENDA, MELISSA\Acceptance of Service Opposing Counsel.wpd R IUE., 2609 OCT 16 Ai 8, 2 9 MELISSA MALAVENDA IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :DOMESTIC RELATIONS SECTION CARL R. MALAVENDA, :PACSES NO. 758111174 C a Defendant :DOCKET NO. 836 SUPPORT 2009 ~.,~°=~, a ?y ,` L. ~ _`_ r ~ ~ n7 ~ MELISSA MALAVENDA IN THE COURT OF COMMON PLE?~ il?F w ~~' Plaintiff/Petitioner :CUMBERLAND COUNTY, PENNS~.~V.~ANI~ :~'_ .n: ~ .-~. ,.~ ~ ~; ~ , . ~ c~i ~~ V. :DOMESTIC RELATIONS SECTION .:~ _; ~ n, :~ CARL R. MALAVENDA, :PACSES NO. 979111378 Defendant/Respondent :DOCKET N0.09-6423 CIVIL INTERIM ORDER OF COURT AND NOW, this 12th day of January, 2010, upon consideration of the Support Master's Report and Recommendation, acopy of which is attached hereto as Exhibit "A", it is ordered and decreed as follows: A. The Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit as alimony pendente lite the sum of $500.00 per month. B. The Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit the additional sum of $25.00 per month on arrearages. C. The effective date of this order is October 15, 2009. D. The Plaintiff s complaint for spousal support is dismissed. IMPORTANT LEGAL NOTICE PARTIES MUST WITHIN SEVEN DAYS INFORM THE DOMESTIC RELATIONS SECTION AND THE OTHER PARTIES, IN WRITING, OF ANY MATERIAL CHANGE IN CIRCUMSTANCES RELEVANT TO THE LEVEL OF SUPPORT OR THE ADMINISTRATION OF THE SUPPORT ORDER, INCLUDING, BUT NOT LIMITED TO, LOSS OR CHANGE OF INCOME OR EMPLOYMENT AND CHANGE OF PERSONAL ADDRESS OR CHANGE OF ADDRESS OF ANY CHILD RECEIVING SUPPORT. A PARTY WHO WILLFULLY FAILS TO REPORT A MATERIAL CHANGE IN CIRCUMSTANCES MAY BE ADJUDGED IN CONTEMPT OF COURT, AND MAY BE FINED OR IMPRISONED. PENNSYLVANIA LAW PROVIDES THAT ALL SUPPORT ORDERS SHALL BE REVIEWED AT LEAST ONCE EVERY THREE (3) YEARS IF SUCH REVIEW IS REQUESTED BY ONE OF THE PARTIES. IF YOU WISH TO REQUEST A REVIEW AND ADJUSTMENT OF YOUR ORDER, YOU MUST DO THE FOLLOWING: CALL YOUR ATTORNEY. AN UNREPRESENTED PERSON WHO WANTS TO MODIFY (ADJUST) A SUPPORT ORDER SHOULD CONTACT THE DOMESTIC RELATIONS SECTION. ALL CHARGING ORDERS FOR SPOUSAL SUPPORT AND ALIMONY PENDENTE LITE, INCLUDING UNALLOCATED ORDERS FOR CHILD AND SPOUSAL SUPPORT OR CHILD SUPPORT AND ALIMONY PENDENTE LITE, SHALL TERMINATE UPON DEATH OF THE PAYEE. A MANDATORY INCOME ATTACHMENT WILL ISSUE UNLESS THE DEFENDANT IS NOT IN ARREARS IN PAYMENT IN AN AMOUNT EQUAL TO OR GREATER THAN ONE MONTH'S SUPPORT OBLIGATION AND (1) THE COURT FINDS THAT THERE IS GOOD CAUSE NOT TO REQUIRE IMMEDIATE INCOME WITHHOLDING; OR (2) A WRITTEN AGREEMENT IS REACHED BETWEEN THE PARTIES WHICH PROVIDES FOR AN ALTERNATE ARRANGEMENT. UNPAID ARREARAGE BALANCES MAY BE REPORTED TO CREDIT AGENCIES. ON AND AFTER THE DATE IT IS DUE, EACH UNPAID SUPPORT PAYMENT SHALL CONSTITUTE, BY OPERATION OF LAW, A JUDGMENT AGAINST YOU, AS WELL AS A LIEN AGAINST REAL PROPERTY. IT IS FURTHER ORDERED THAT, UPON PAYOR'S FAILURE TO COMPLY WITH THIS ORDER, PAYOR MAY BE ARRESTED AND BROUGHT BEFORE THE COURT FOR A CONTEMPT HEARING; PAYOR'S WAGES, SALARY, COMMISSIONS, AND/OR INCOME MAY BE ATTACHED IN ACCORDANCE WITH LAW. PAYOR IS RESPONSIBLE FOR COURT COSTS AND FEES. The parties are hereby advised that they may file written exceptions to the Support Master's Report and Recommendation within twenty (20) days of this order. Exceptions shall conform with the requirements of Rule 1910.12(f), Pa. R.C.P. If written exceptions are filed by any party, the other party may file exceptions within twenty (20) days of the date of service of the original exceptions. If no exceptions are filed within twenty (20) days of this interim order, this order shall then constitute a final order. By the Court, ~ ~. ~`.~ M. L. Ebert, Jr., J. Cc: Melissa Malavenda Carl R. Malavenda Jordan D. Cunningham, Esquire For the Plaintiff Kara W. Haggerty, Esquire For the Defendant DRO/rj s MELISSA MALAVENDA 1N THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :DOMESTIC RELATIONS SECTION CARL R. MALAVENDA, :PACSES NO. 758111174 Defendant :DOCKET NO. 836 SUPPORT 2009 MELISSA MALAVENDA IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner :CUMBERLAND COUNTY, PENNSYLVANIA V. :DOMESTIC RELATIONS SECTION CARL R. MALAVENDA, :PACSES NO. 979111378 Defendant/Respondent DOCKET NO. 09-6423 CIVIL SUPPORT MASTER'S REPORT AND RECOMMENDATION Following a hearing held before the undersigned Support Master on January 11, 2010, the following report and recommendation are made: FINDINGS OF FACT 1. The Plaintiff in both actions is Melissa Malavenda, who resides at 301 North Prospect Avenue, Apartment B 13, Harrisburg, Pennsylvania. 2. The Defendant is Carl R. Malavenda, who resides at 4 Shoemaker Lane, Mechanicsburg, Pennsylvania. 3. The parties were married on September 5, 2001. 4. The parties separated on or about September 3, 2009. 5. On or about September 25, 2009 the Plaintiff filed a complaint for divorce. 6. On or about September 25, 2009 the Plaintiff filed a complaint for spousal support. 7. On or about December 29, 2009 the Plaintiff filed a petition for alimony pendente lite in the divorce action. EXHIBIT "A" 8. The parties have agreed that an order for alimony pendente lite will be entered with an effective date of October 15, 2009 calculated in accordance with the support guidelines.' 9. The Plaintiff is employed by the Commonwealth of Pennsylvania. 10. The Plaintiff earned $33,649.95 in 2009. 11. The Plaintiff pays $12.29 bi-weekly in union dues. 12. The Plaintiff paid $2,103.16 in mandatory retirement contributions in 2009. 13. The Plaintiff pays $25.61 bi-weekly for health insurance coverage on herself and the Defendant. 14. The Defendant began employment as an electrician with Cheran, Inc. on or about July 7, 2009.2 15. The Defendant earned $32,679.14 from his date of hire with Cheran through December, 2009. 16. The Defendant pays the monthly mortgage payment of $1,122.28 on the marital residence, which sum includes escrows for taxes and insurance. 17. The Defendant pays $400.00 per month for the support of a minor daughter to a prior relationship. DISCUSSION The parties have agreed that the Defendant will pay alimony pendente lite to his wife with an effective date of October 15, 2009 calculated in accordance with the support guidelines. The Plaintiff had average gross monthly income in 2009 of $2,804.00. With a tax filing status of married/separate, and deducting her union dues and mandatory retirement contributions from her gross income, she has net monthly income for support purposes of $2,069.00.3 ' This agreement was entered following the close of the record. Consequently the factual findings relevant to the claim for spousal support will not be included in this report. z The Defendant's first pay statement from Cheran was for the pay period of July 7, 2009 to July 20, 2009. See Plaintiff's Exhibit 13. s See Exhibit "A" for the tax deductions from gross income. 2 The Defendant has average gross monthly income for the period of July through December, 2009 of $5,447.00. With a tax filing status of married/separate, he has net monthly income for support purposes of $4,061.00.4 With the net monthly incomes as set forth above and with the Defendant paying $400.00 per month for the support of a minor child to a prior relationship, the Defendant's monthly obligation for alimony pendente lite under the guidelines is $637.00 per month.5 The Defendant has requested a deviation to the order because of the monthly mortgage payment he currently is making on the marital residence. Pa. R.C.P. 1910.16-6(e) provides in part that: [i]f the obligor is occupying the marital residence and the mortgage payment exceeds 25% of the obligor's monthly net income (less any amount of spousal support, alimony pendent elite or child support the obligor is paying) the court may make an appropriate downward adjustment in the obligor's support obligation. The Defendant's net monthly income less the guideline amount of alimony pendente lite set forth above and also less the $400.00 per month child support being paid by the Defendant is calculated to be $3,024.00. One-fourth of this amount is $756.00. The monthly mortgage obligation of $1,122.00 exceeds this figure by $366.00 per month. A downward adjustment in the alimony pendente lite obligation is, therefore, found to be appropriate. A recommendation will be made that the obligation be set at $500.00 per month. RECOMMENDATION A. The Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit as alimony pendente lite the sum of $500.00 per month. B. The Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit the additional sum of $25.00 per month on arrearages. C. The effective date of this order is October 15, 2009. a See Exhibit "A" for the tax deductions from gross income. 5 See Exhibit "B" for the calculation. 3 D. The Plaintiff s complaint for spousal support is dismissed. ~. ~~ a~~ Da e ~ ,; '- -,~~i ; Michael R. Rundle Support Master ' In the Court of Common Pleas of Cumberland County, Pennsylvania -- -- -- -- Tax Detail Report Plaintiff Name: Melissa Malavenda Defendant Name: Carf R. Malavenda Docket Number: 09-6423 Civil PACSES Case Number: 979111378 Other State ID Number: Tax Year: Current: 2009 Defendant Plairntiff 1. Tax Method 1040 ES 1040 ES 2. Fling Status Married Filing Se aratel Married Filing Se aratel 3. Who Claims the Exem tions Obli ee 4. Number of Exem tions 1 1 5. Monthl Taxable Income $5,446.52 $2,804.20 6. Deductions Method Standard Standard 7. Deduction Amount $475.00 $475.00 8. Exem tion Amount $304.17 $304.17 9. Income MINUS Deductions and Exem tions $4,667.35 $2,025.03 10. Tax on Income $742.46 $202.50 11. Child Tax Credit - - 12. Manual Ad'ustments to Taxes - - 13. Federal Income Taxes $742.46 $202.50 13 a. Earned Income Credit - - 14. State Income Taxes $172.11 $88.61 15. FICA Pa ments $416.65 $214.52 16. City Where Taxes Apply --Select-- --Select-- 17. Local Income Taxes $54.47 $28.04 TOTAL Taxes $1,385.69 $533.67 SupportCa/c 2009 EXHIBIT "A" In the Court of Common Pleas of Cumberland County, Pennsylvania Spousal Support Calculation Rule 19~i4.1fi (PACSES FC,~FtMAt~ Plaintiff Name: Melissa Malavenda Defendant Name: Carl R. Malavenda Docket Number: 09-6423 Civil PACSES Case Number: 979111378 Other State ID Number: 1, Obli or's Monthl Net Income $4,060.83 Z. Less All Other Su ort $400.00 3. Less Obli ee's Monthl Net Income $2,068.63 4. Difference $1, 592.20 5. Less Child Su ort Obli ation for Current Case - 6. Difference $1, 592.20 7. Multi I b 30°l0 or 40% 40.00% 8. Income Available for S ousel Su ort $636.88 9. Ad'ustment for Other Ex enses - 10. AMOUNT OF MONTHLY SPOUSAL SUPPORT OR APL $636.88 Pre ared b : Date: 1111/2010 SupportGalc 2009 EXHIBIT "B" MELISSA MALAVENDA IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :DOMESTIC RELATIONS SECTION CARL R. MALAVENDA, :PACSES NO. 758111174 Defendant :DOCKET NO. 836 SUPPORT 2009 MELISSA MALAVENDA IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner :CUMBERLAND COUNTY, PENNSYLVANIA V. :DOMESTIC RELATIONS SECTION CARL R. MALAVENDA, :PACSES N0.979111378 ~ N Defendant/Respondent :DOCKET NO. 09-6423 CIVIL .~, ~-~ o r ~ ~;' ~ ~ ---~ INDEX OF EXHIBITS ~-: !, ~ .. 3'~ j .:_' _j7 Plaintiff's Exhibit No. 1 - PFA order ~ t` ~ ~~-'r-' C q J' r`I Plaintiff's Exhibit No. 2 -Pay statement ~ _ w Plaintiff's Exhibit No. 3 -Pay statement Plaintiff s Exhibit No. 4 -Mortgage documentation Plaintiff s Exhibit No. 5 -Defendant's 2008 1099 Plaintiff's Exhibit No. 6 - 2008 joint marital tax return Plaintiff s Exhibit No. 7 -Defendant's earnings report Plaintiff s Exhibit No. 8 -Transcript of telephone messages Plaintiff s Exhibit No. 9 -Income statement Plaintiff s Exhibit No. 10 -Defendant's business invoices Plaintiff s Exhibit No. 11 -Record of summary conviction Plaintiff's Exhibit No. 12 -Photographs of marital residence Plaintiff's Exhibit No. 13 -Defendant's pay statement Defendant's Exhibit No. 1 -Pay statement ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT 09-6423 CIVIL State Commonwealth of Pennsylvania OOriginal Order/Notice CO./City/DISt. Of CUMBERLAND OAmended Order/Notice Date of Order/Notice 01/12/10 OTerminate Order/Notice Case Number (See Addendum for case summary) QOne-Time Lump Sum/Notice RE:MALAVENDA, CARL R. EmployerM/ithholder's Federal EIN Number Employee/Obligor's Name (Last, First, Mp 047-52-0014 Employee/Obligor's Social Security Number CHERAN INC 7964000034 31 SHEFFIELD DR Employee/Obligor's Case Identifier DILLSBURG PA 17019-9416 (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ o . oo per month in current child support $ o . oo per month in past-due child support Arrears 12 weeks or greater? ®yes 0 no $ o.oo per month in current medical support n o $ o. oo per month in past-due medical support C= c, `~ i $ soo. oo per month in current spousal support -Crv7-' ~- '_~ r,F7r, $ 2s. oo per month in past-due spousal support ~__~ ~ ~. ~ ' ~~ $ o . oo per month for genetic test costs ~-~ ~', ca .~;~ $ o . oo per month in other (specify) !~; ~_- ~.~ y <,. $ one-time lump sum payment ~'"` "_~'a- ~~ "s ='~( t,--- N ~ rrt for a total of $ 525.00 per month to be forwarded to payee below. ~ w 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: $ 121.15 per weekly pay period. $ 262.50 per semimonthly pay period (twice a month) $ 242.31 per biweekly pay period (every two weeks) $ s25 . oo per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). Pennsylvania law (23 PA C.S. § 4374(b)) requires remittance by an electronic payment method if an employer is ordered to withhold income from more than one employee and employs 15 or more persons, or if an employer has a history of two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 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 /N ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. ~ ~ (~\ BY THE COURT: j DRO; R.J. Shadday Service Type M OMB No.: 0970-0154 M. L. Ebert, Jr. , Judge Form EN-028 Rev.S Worker I D $ IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ~ If~hecke~l you are required. to provide a~opy of this form to your~mployee. If yo~r employee works in a state that is di Brent rrom the state that issued this or er, a copy must be provi edd to your emp oyee even if the box is not checked 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee%bligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* Reporting the PaydatelDate 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%bligoranct you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee%bligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 2626059840 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : ~ THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: O EMPLOYEE'S/OBLIGOR'S NAME:MALAVENDA, CARL R. EMPLOYEE'S CASE IDENTIFIER: 7964000034 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: FINAL PAYMENT AMOUNT: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee%bligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee%bligor from employment, refusing to employ, or taking disciplinary action against any employee%bligor 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 -nformation 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 $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: MALAVENDA, CARL R. PACSES Case Number 979111378 PACSES Case Number Plaintiff Name Plaintiff Name MELISSA MALAVENDA Docket Attachment Amount Docket Attachment Amount 09-6423 CIVIL$ 525.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(reN's Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): DOB Service Type M Addendum OMB No.: 0970-0154 DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): DOB Form EN-028 Rev.5 Worker ID $IATT MELISSA MALAVENDA, IN THE COURT OF COMMON PI 4 6 =a Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSAIA- '.=m amy ? ? VS. CIVIL ACTION - DIVORCE - 7, T3 NO. 09-6423 CIVIL TERM 7 CARL R. MALAVENDA, IN DIVORCE Defendant/Respondent PACSES CASE: 979111378 ORDER OF COURT AND NOW, this 19th day of November 2010, a petition has been filed against you, Tracy L. Boak, 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 December 13, 2010 at 9:00 A.M. for a conference and to remain until dismissed by the Court. If you fail to appear as provided in this Order, an Order of Court may be entered against you. You are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by the Rule 1910.11. (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. Copies mailed to: Petitioner Respondent Kara W. Haggerty, Esq. Jordan Cunningham, Esq. Date of Order: November 19 2010 BY THE COURT, 'k -t U4 M. L. Ebert, Jr., ge YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION MELISSA MALAVENDA Plaintiff Docket Number ) PACSES Case Number ) Other State ID Number 09-6423(-CIVIL 97911' j rn- 1PE r -o m Y c: a CD ZO vs. CARL R. MALAVENDA Defendant PETITION FOR MODIFICATION OF AN EXISTING SUPPORT ORDER 1. The petition of CARL RICHARD MALAVENDA respectfully represents that on JANUARY 12, 2010 , an Order of Court was entered for the support of MELISSA MALAVENDA A true and correct copy of the order is attached to this petition. Form OM-501 Service Type M Worker ID 21005 i MALAVENDA V. MALAVENDA PACSES Case Number: 979111378 2. Petitioner is entitled to O increase O decrease O termination O reinstatement other of this Order because of the following material and substantial change(s) in circumstance: \-J `LL L?QIA T ?-?M S l3 lC-f 02-q ""qtO.6-0 k) 1-4 P?AAV 0-1 o'k-- goo ?Dk ?-i ia&j T ?artt- C ? un.?.?T t `{2. t (/l?(oEtT 6 -6? ??? uE?11: TO?" 01 &AM t 2> t A) 7T4 i?49t 65 C)3P -VIE-( 11*7 AILEA 16A? T- t>twjT Q"E TlNf- tt- - W 4 0-T W 5 I (mot ?31o'b' 60 `32S, g 3?? C WHEREFORE, Petitioner request?,that the,?ouA modify the existing order for support. PetitionW/ \ Attorney for Petitioner QW Mkr . w I verify that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsification to authorities. LI - 0- 25D Ib Date Service Type M r r Petitioner Page 2 of 2 Form OM-501 Worker ID 21005 r ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT 09-6423 CIVIL OOriginal Order/Notice State Commonwealth of Pennsylvania OAmended Order/Notice Co./City/Dist. of CUMBERLAND 0 Terminate Order/Notice Date of Order/Notice 01/12/10 Case Number (See Addendum for case summary) QOne-Time Lump Sum/Notice RE: MALAVF MA, CARL R . Employer/Withholder's Federal EIN Number Employee/obligor's Name (Last, First, MI) 047-52-0014 Employee/Obligor's Social Security Number CHERAN INC 7964000034 31 SHEFFIELD DR Employeelobligor's Case Identifier DILLSBURG PA 17019-9416 (See Addendum for plaintiff names anodated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 0.00 per month in current child support $ 0.0() per month in past-due child support Arrears 12 weeks or greater? (g) yes Ono $ o . o o per month in current medical support c o ;? .?? C? ``i $ 0.00 per month in past-due medical support -0 c-r~ c.. 11 $ 500.00 per month in current spousal support a ??? per month in past-due spousal support 25.o o pe $ -cY -73 $ o . 0o per month for genetic test costs G' w $ o . o o per month in other (specify) $ one-time lump sum payment (- n .r C= tV CD ? for a total of $ 525.00 per month to be forwarded to payee below. to 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: $ 121.15 per weekly pay period. $ 262.50 per semimonthly pay period (twice a month) $ 242.31 per biweekly pay period (every two weeks) $ 525.00 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. g 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 nonsuff;cient 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 NAMEAND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier). OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: Iptur Ebert, Jr. , Jucige ??? 4 Mra ? Nt my DRO: R. J. Shadda Form EN-028 Rev.S Y =ro; nd Cartat CatMala, Pa. Service Type M *t t/ 0MBNo.;N7 S4 f 0 Worker ID $IATT VCtt.e/h 9 r,1W"7#"ftW ' ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS If heck you are required to pr vide a opy of this form to your m loyee. If yo r employeg orks in a state that is digerent from the state that issuedthis order, a copy must be provir , Ito your empYoyee even if tie box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employeelob I igor. 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'slobligor'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. 2626059840 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : 0 THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: O EMPLOYEE'S/OBLIGOR'S NAME:MALAVSNDA, CARL R. EMPLOYEE'S CASE IDENTIFIER: 7964000034 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: FINAL PAYMENT AMOUNT- NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee%bligor from employment, refusing to employ, or taking disciplinary action against any employeelobligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) 0 S 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 0 5 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST by telephone at (`717) 240-6225 or BOX 320 CARLISLE PA 17013 by FAX at (717) 240-6248 or ?,A by internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Rev.5 Service Type M oMBNo.!097"154 Worker ID $IATT i' .•. r ADDENDUM Summary of Cases on Attachment Defendant/Obligor: mALAvmwA, CARL R. PACSES Case Number 979111378 Plaintiff Name MELISSA MALAVENDA Docket Attachment Amount 09-6423 CIVIL$ 525.00 Child(ren)'s Name(s): DOB . . ............ PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Service Type M Addendum OMB No.: 0970-0154 PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Form EN-028 Rev.5 Worker ID $IATT ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 11/19/10 Case Number (See Addendum for case summary) " Employer/Withholder's Federal EIN Number COLONIAL LIFE & ACCIDENT INS C/O ACCOUNT SERVICES PO BOX 1365 COLUMBIA SC 29202-1365 047-52-0014 Employee/Obligor's Social Security Number 7964000034 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee'slobligor'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? Byes Ono r-3 M $ o.00 per month in current medical support -1-1 $ o. 0o per month in past-due medical support ' ; r tl $ 500.00 per month in current spousal support $ 25.00 per month in past-due spousal support ;s rr"I $ 0.00 per month for genetic test costs rv $ o. o o per month in other (specify) T $ one-time lump sum payment W ~? ' t r-t for a total of $ 525.00 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 mgch the ordered support payment cycle, use the following to determine how much to withhold: $ 121 1 5 per weekly pay period. $ 262.50 per semimonthly pay period (twice a month) $ 242.31 per biweekly pay period (every two weeks) $ 525. 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. 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 /D (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: DRO: R. J. Shadday Service Type M M. Z. Ebert, Jr., OMB No.: 6970-0154 019-6423 CIVIL O Origi nal Order/Notice OAmended Order/Notice 0Terminate Order/Notice (Done-Time Lump Sum/Notice RE: MALAVENDA, CARL R. Employee/Obligor's Name (Last, First, MI) Form EN-028 Rev.5 Worker ID $oiNC ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS [] If heck you are required, to provide a opy of this form to your m loyee. If yo r employee orks in a state that is dif erent from the state that issued this order, a copy must be provic?ec?to your employee even if tie box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employeelobligor'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 employeelobligor 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 employeelobligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 1393100092 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : C7 THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 0 EMPLOYEE'S/OBLIGOR'S NAME: MALAVENDA, CARL R. EMPLOYEE'S CASE IDENTIFIER: 7964000034 LAST KNOWN HOME ADDRESS: DATE OF SEPARATION: LAST KNOWN PHONE NUMBER: FINAL PAYMENT AMOUNT- NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. 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 employeelobligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) 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: If you or your employee/obligor have any questions, DOMESTIC RELATIONS SECTION contact WAGE ATTACHMENT UNIT 13 N HANOVER ST by telephone at (717) 240-6225 or P.O. BOX 320 by FAX at (717) 240-6248 or CARLISLE PA 17013 by internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Rev.5 Service Type M OMB No.: 0970-0154 Worker ID $OINC ADDENDUM Summary of Cases on Attachment Defendant/Obligor: MALAVENDA, CARL R. PACSES Case Number 979111378 Plaintiff Name MELISSA MALAVENDA Docket Attachment Amount 09-6423 CIVIL$ 525.00 Child(ren)'s Name(s): DOB Addendum Service Type M OMB No.: 0970-0154 Form EN-028 Rev.5 Worker ID $OINC MELISSA MALAVENDA, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE 0 c o -rp m G _ y NO. 09-6423 CIVIL TERM z o m? CARL R. MALAVENDA, IN DIVORCE Cn? N mrn Defendant/Respondent PACSES CASE: 979111378 ?® co 0 zC, ORDER OF COURT ^? z-- °m --4 w > AND NOW, this 19th day of November 2010, a petition has been filed against you, Melissa Malavenda, 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 December 13, 2010 at 9:00 A.M. for a conference and to remain until dismissed by the Court. If you fail to appear as provided in this Order, an Order of Court may be entered against you. You are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by the Rule 1910.11. (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. Copies mailed to: Petitioner Respondent Kara W. Haggerty, Esq. Jordan Cunningham, Esq. Date of Order: November 19, 2010 BY THE COURT, I* M. L. Ebert, Jr., -t U4 jJe 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 MELISSA MALAVENDA, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 09-6423 CIVIL TERM CARL R. MALAVENDA, IN DIVORCE Defendant/Respondent PACSES CASE: 979111378 ORDER OF COURT - RESCHEDULE A CONFERENCE AND NOW, this 29th day of November, 2010, 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 January 20, 2011 at 1:30 P.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. This date replaces the prior conference date of December 13, 2010. C _ YOU are further ordered to bring to the conference: c C _ O (1) a true copy of your most recent Federal Income Tax Return, including W-2's as file dxr=. .< rn- -,r- (2) your pay stubs for the preceding six (6) months -<> O Q (3) the Income and Expense Statement attached to this order, completed as required by 1910.11cr--q0 (4) verification of child care expenses a C-3 3 0'TI (55) proof of medical coverage which you may have, or may have available to you c: IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, Date of Order: November 29, 2010 Copies mailed to: Petitioner Respondent Jordan D. Cunningham, Esq. M. L. Ebert, Jr., 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 MELISSA MALAVENDA, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 09-6423 CIVIL TERM r-, CARL R. MALAVENDA, IN DIVORCE ..= t. Defendant/Respondent PACSES CASE: 979111378 rnw rn-•' r -- C) ORDER OF COURT ? o -0 =C) r? ? C,) CD , AND NOW to wit, this 11th day of March, 2011, it is hereby Ordered that disposition on the Defendant's Petition for Modification of the Alimony Pendente Lite order of January 12, 2010 is deferred and continued generally as there has been no resolution of the Defendant's short/long term disability claim and/or his claim for Social Security Disability benefits. Payments on the Alimony Pendente Lite order are held in abeyance until final resolution of either disability claim. The defendant is to report final disposition of either claim, with written verification, within five (5) days upon receipt of disposition to the Domestic Relations Section. 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: N t 1?", M. L. Ebert, Jr., J. DRO: R.J. Shadday xc: Petitioner Respondent Jordan Cunningham, Esq. Sheri D. Coover, Esq. ORDERMOTICE TO WITHHOLD INCOME FOR SUPPORT State: Commonwealth of Pennsylvania Co./City/Dist. of: CUMBERLAND Date of Order/Notice: 03/11/11 Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number CHERANINC STE 101 3552 GETTYSBURG RD CAMP HILL PA 17011-6831 RE: MALAVENDA. CARL R 09-6423 CIVIL O Original Order/Notice O Amended Order/Notice Terminate Order/Notice O One-Time Lump Sum/Notice Employee/Obligor's Name (Last, First, MI) 047-52-0014 Employee/Obligors Social SecunVlTu-F5_er 7964000034 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 0.00 per month in current child support $ 0.00 per month in past-due child support Arrears 12 weeks or greater? p yes ,$ nQ, $ 0.00 per month in current medical support $ 0.00 per month in past-due medical support n?(aJ ? -}' w= . $ 0.00 per month in current spousal support $ 0.00 per month in past-due spousal support $ 0.00 per month for genetic test costs $ 0.00 per month in other (specify) n -Q c; $ one-time lump sum payment mo=o A J= rU C) r. ? for a total of $ 0.00 per month to be forwarded to payee below. 3.1 You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 0.00 per weekly pay period. $ 0.00 per semimonthly pay period (twice a month) $ _ 0.00 per biweekly pay period (every two weeks) $ 0.00 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 THE PACSES MEMBER /D (shown above as the Employee(ligor'.jCas dentifi r) SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND C Brt1L. BY THE COURT: M. L. :Ebert, Jr., Judge DRO: R. J . Shadday 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. 2626059840 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER: Q THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: Q EMPLOYEE'S/OBLIGOR'S NAME: MALAVENDA, CARL R. EMPLOYEE'S CASE IDENTIFIER: 7964000034 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 OMB No.: 0970-0154 Page 2 of 2 Form EN-028 Worker ID $IATT L ADDENDUM Summary of Cases on Attachment Defendant/Obligor: MALAVENDA, CARL R. PACSES Case Number 979111378 Plaintiff Name MELISSA MALAVENDA Docket Attachment Amount 09-6423 CIVIL $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Dock 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 PACKS 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 ORDERMOTICE TO WITHHOLD INCOME FOR SUPPORT State: Commonwealth of Pennsylvania Co./City/Dist. of: CUMBERLAND Date of Order/Notice: 03/31/11 Case Number (See A en um for case summary) Employer/Withholder's Federal EIN Number SOCIAL SECURITY ADMINISTRATION STE 1 200 S SPRING GARDEN ST CARLISLE PA 17013-2578 associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 0.00 per month in current child support $ 050 per month in past-due child support $ 0.00 per month in current medical support $ 0.00 per month in past-due medical support $ 500.00 per month in current spousal support $ 25.00 per month in past-due spousal support $ 0.00 per month for genetic test costs $ 0.00 per month in other (specify) $ one-time lump sum payment for a total of $ 525.00 per month to be forwarded to payee below. q l@ e no-n a ? t Lr m. 2 t "?? r5o CZ: rv 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: $ 120.82 per weekly pay period. $ 262.50 per semimonthly pay period (twice a month) $ 241.64 per biweekly pay period (every two weeks) $ 525.00 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 THE PACSES MEMBER /D (shown above as the Employee/Obli 's a Id t' per) R J?IAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASHVIAI BY THE COURT: L. E orf, Jr., ,_.1 OMB No.: 0970-0154 Service Type M Arrears 12 weeks or greater? LA - [,L- ,I3 Cl\A Q Original Order/Notice 0 Amended Order/Notice 0 Terminate Order/Notice 0 One-Time Lump Sum/Notice RE: MALAVENDA, CARL R. Employee/Obligor's Name (Last, First, MI) 047-52-0014 Employee/Obligor's Social Security Number 7964000034 Employ6elObligor's Case Identifier (See Addendum for plaintiff names Form EN-028 Worker ID $OINC ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS f-I 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. 8384100092 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER: O THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: O EMPLOYEE'S/OBLIGOR'S NAME: MALAVENDA CARL R. EMPLOYEE'S CASE IDENTIFIER: 7964000034 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: FINAL PAYMENT AMOUNT: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. 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.Da.us OMB No.: 0970-0154 Page 2 of 2 Form EN-028 Worker ID $OINC ADDENDUM Summary of Cases on Attachment Defendant/Obligor: MALAVENDA, CARL R. PACSES Case Number 979111378 Plaintiff Name MELISSA MALAVENDA Docket Attachment Amount 09-6423 CIVIL $ 525.00 Child(ren)'s Name(s): DOB PACKS Case Number Plaintiff Name Doc t 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 $OINC MELISSA MALAVENDA, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE . NO. 09-6423 CIVIL TERM CARL R. MALAVENDA, IN DIVORCE ==" Defendant/Respondent PACSES CASE: 979111378 -' ORDER OF COURT ?v CD?rt AND NOW to wit, this 13th day of April, 2011, it is hereby Ordered that the Omer Alimony Pendente Lite is suspended , effective November 18, 2010, pursuant to the Respondent receiving Disability benefits. There is a credit balance of -$993.04 on the account. The Respondent is under a continuing obligation to report any changes in his circumstances and income.. 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: - 'k -t - ' M. L. Ebert, Jr., J DRO: R.J. Shadday xe: Petitioner Respondent Sheri D. Coover, Esq. Jordan D. Cunningham, Esq. Form OE-001 Type: M Worker: 21005 iLED-0 1° EE:i_ , F j, T111'E PP0TH0N0"T,0: 1011 SEP 29 PM 3. 23 CUMBERLAND COU1,1 `4' PENNSYLVANIA Jordan D. Cunningham, Esquire CUNNINGHAM & CHERNICOFF, P.C. 2320 North Second Street Harrisburg, Pa 17110 Telephone:(717) 238-6570 Facsimile:(717) 238-4809 Email' 'cunnin ham ccla c.com Attorneys ttorneysfor Plaintiff MELISSA MALAVENDA, Plaintiff V. CARL R. MALAVENDA, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-6423 CIVIL ACTION - LAW IN DIVORCE If you wish to deny any of the statements set forth in this affidavit, you must file a counter-affidavit within twenty days after this affidavit has been served on you or the statements will be admitted. AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on September 18, 2009 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. 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. 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: Cl Lzq 1-2 oLI F:\HOMc\AHEWITT'DOCS\M-N\MALAVENDA, MELISSAUffidavit D 092911.wpd Melissa Malavenda FILLU-OFr ICS. A ,,, THE PRO, 2011 OCT -6 PM 12' 13 ,UMBERLAND PENNSYL.VAt" ? { Jordan D. Cunningham, Esquire CUNNINGHAM & CHERNICOFF, P.C. 2320 North Second Street Harrisburg, Pa 17110 Telephone:(717) 238-6570 Facsimile:(717) 238-4809 Email: icunningbamna cclawpc.com Attorneys for Plaintiff MELISSA MALAVENDA, Plaintiff V. CARL R. MALAVENDA, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-6423 CIVIL ACTION - LAW IN DIVORCE PRAECIPE FOR PROOF OF SERVICE TO THE PROTHONOTARY: The undersigned, Jordan D. Cunningham, Esquire, hereby verifies that on September 29, 2011 at the conclusion of a hearing held with regard to Carl R. Malavenda's claim for spousal support against Melissa Malavenda held before Special Master Michael Rundle, the undersigned served Carl R. Malavenda with a Counter Affidavit under Section 3301(d) of the Divorce Code. Respectfully & CHERNICOFF, P.C. Dated: -LoAlij- By: Cunningham, Esquire .D. # 3144 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 Telephone: (717) 238-6570 F:\liomeWHEW1TT\DOCS\M-N\MALAVENDA. MELISSMproof of service 100511.wpd CERTIFICATE OF SERVICE I do hereby state that on the '?' day of October 2011, I served a true and correct copy of the foregoing document in the above-captioned matter, by placing the same in the United States mail, first-class, postage prepaid, in Harrisburg, Pennsylvania, addressed to: Ms. Sheri D. Coover, Esquire 44 S. Hanover Street Carlisle, PA 17013 Attorneys of Record for Defendant Carl R. Malavenda 4 Shoemaker Lane Mechanicsburg, PA 17050 Angela L. Hewitt, Legal Assistant ` a MELISSA MALAVENDA, Plaintiff V. CARL R. MALAVENDA, Defendant I U iJ LU t OCT 24 AN 11: LlMBERLAND WU,rl! 1 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-6423 CIVIL ACTION - LAW IN DIVORCE COUNTER-AFFIDAVIT UNDER §3301(d) OF THE DIVORCE CODE I • Check either (a) or (b): (a) I do not oppose the entry of a divorce decree. (b) I oppose the entry of a divorce decree because (check (i), (ii), or both): (i) The parties to this action have not lived separate and apart for a period of at lest two years. (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): (a) I do not wish to make any claims for economic relief 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. J(b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims. 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. Dated://- 4Carldenda NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU SHOULD NOT FILE THIS COUNTER-AFFIDAVIT. F Home\AHEWITT\DOCS\M•N\MALAVENDA, MELISSA\counter affidavit 092911.wpd MELISSA MALAVENDA, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA L/ a 3 Z)9- vii. DOCKET NO. - - CARL R. MALAVENDA, CIVIL ACTION -LAW Defendant RULE 30 Ah day of R Cktr, ? , 2012, a rule is hereby issued AND NOW, this upon both parties to show cause why the Petition To Withdraw As Counsel should not be granted. This rule is returnable 20 days from date of service. BY THE COURT: J-Z! - r - = c:r Distribution List: /Sheri D. Coover, Esquire, Scaringi & Scaringi, P.C., 2000 Linglestown Rd., Ste. 106, Harrisburg, PA 17110 Jordan Cunningham, Esquire, P.O. Box 60457, Harrisburg, PA 17106 Carl Malavenda, 4 Shoemaker Lane, Mechanicsburg, PA 17055 = Jordan D. Cunningham, Esquire CUNNINGHAM & CHERNICOFF, P.C. 2320 North Second Street Harrisburg, Pa 17110 Telephone:(717) 238-6570 Facsimile:(717) 238-4809 Email: jcunninghamaa cclawixxom Attorneys for Plaintiff MELISSA MALAVENDA, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. - NO. 09-6423 R; CARL R. MALAVENDA, Defendant CIVIL ACTION - LAW a IN DIVORCE -r. x cr, INCOME and EXPENSE STATEMENT of r ..y PLAINTIFF, MELISSA MALAVENDA v_J Income Employer: Commonwealth of Pennsylvania Address: 1136 Mountain Road, Newburg, PA Type of Work: Clerical Payroll Number: Pay Period (weekly, bi- weekly, ect): Bi-weekly Gross Pay Per Pay Period: $1,386.00 Itemized Payroll Deductions: Federal Withholding: $167.21 Social Security: 56.47 Local Wage Tax: 18.82 State Income Tax: 41.27 Retirement (mandatory): 86.63 Unemployment Tax: 1.11 Deferred Compensation: 20.00 Life Insurance: Health Insurance: 41.58 Medicare: 19.49 Union Dues: 13.72 Net Pay Per Pay Period: 917.71 Other Income: Week Month Year ill in appropriate column) Interest $ $0.00 $ Dividends 0.00 Pension 0.00 Annuity 0.00 Social Security 0.00 Rents 0.00 Royalties 0.00 Expense Accounts 0.00 Gifts $0.00 Unemployment Compensation 0.00 Workmen's Compensation 0.00 Other: Other: Total: $ $0.00 $ TOTAL INCOME: $ 917.71 Expenses: Week Month Year ill in appropriate column) Home: Mortgage/Rent $500.00 Maintenance Utilities Electric Gas Oil Telephone $45.50 Water Sewer and Refuse Employment: Public Transportation Lunch Taxes: Real Estate Personal Property Income Insurance: Homeowners/Renters Week Month Year Automobile $59.16 Life Accident Health Other: Other: Automobile: Payments Fuel $200.00 Repairs Other: Medical: Doctor Dentist Orthodontist Hospital Medicine Other: Week Month Year Education: Private School Parochial School College Religious Personal: Clothing Hairdresser/Barber Credit Payments $200.00 Credit Cards Memberships (i.e.: health clubs, professional organizations, etc.) $10.00 Loans: Bank: Other: Other: Week Month Year Miscellaneous Household Help Childcare Subscriptions (i.e.: newspapers, magazines, etc.) Entertainment Cable/Satellite Television Vacation Gifts Legal Fees $200.00 Charitable Contributions Other Child Support Alimony Payments Other: Other: TOTAL EXPENSES $ $1,214.66 $ Property Owned: Description Value Ownership' Checking Account(s) $30.54 W Savings Account(s) $1,300.00 W Credit Union(s) Stocks/Bonds Real Estate - mortgage $152,400.00 J Other Total Value: F:\Home\AHEWITTIDOCS\M-N\MALAVENDA, MELISSA\Inventory & Expen 032712.wpd $153,730.54 ' Ownership of Property: H = Husband; W = Wife; J = Joint; C = Child Insurance Hospital Company High Mark Blue Shield Police Number OPB 111227- 560001 Ownership" W Medical High Mark Blue Shield OPB 111227- 560001 W Health/Accident Disability Income Dental United Concordia 846525000 W Other: Eye NVA 013-94000 W ' Ownership of Property: H = Husband; W = Wife; J = Joint; C = Child VERIFICATION I, the undersigned, verify that the statements made in the foregoing are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. Melissa Malavenda, Plaintiff Dated: ,C? 1; CERTIFICATE OF SERVICE I do hereby state that on the J7, day of April 2012, I served a true and correct copy of the foregoing document in the above-captioned matter, by placing the same in the United States mail, first-class, postage prepaid, in Harrisburg, Pennsylvania, addressed to: Sheri D. Coover, Esquire Scaringi & Scaringi 2000 Linglestown Road Suite 106 Harrisburg, PA 17110 Attorneys of Record for Defendant Carl R. Malavenda 4 Shoemaker Lane Mechanicsburg, PA 17050 Angela L. Hewitt, Legal Assistant Jordan D. Cunningham, Esquire Cunningham & Chernicoff, P.C. 2320 North Second Street Harrisburg, PA 17110 Telephone: 717-238-6570 Facsimile: 717-238-4809 Email: jcunnin hamkcclawpc.com MELISSA MALAVENDA, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA _ V. ' NO. 09-6423 CARL R. MALAVENDA, CJI) Defendant CIVIL ACTION - LAW IN DIVORCE INVENTORY AND APPRAISEMENT OF PLAINTIFF. MELISSA MALAVENDA Plaintiff, Melissa Malavenda, files the following Inventory and Appraisement of all property owned or possessed by either parry at the time this action was commenced and all property transferred within the preceding three (3) years. Plaintiff verifies that the statements made in this Inventory and Appraisement are true and correct. Plaintiff understands that false statements made herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities. Date: Melissa Malavenda, Plaintiff 1 ASSETS OF THE PARTIES PLAINTIFF, MELISSA MALAVENDA, MARKS ON THE LIST BELOW THOSE ITEMS APPLICABLE TO THE CASE AT BAR AND ITEMIZES THE ASSETS ON THE FOLLOWING PAGES. IF AN ITEM HAS BEEN APPRAISED, A COPY OF THE APPRAISAL REPORT IS ATTACHED. (X) 1. Real Property (X) 2. Motor vehicles ( ) 3. Stocks, bonds, securities, and options ( ) 4. Certificates of deposit ( ) 5. Checking accounts, cash ( ) 6. Savings accounts, money market and savings certificates ( ) 7. Contents of safe deposit boxes ( ) 8. Trusts ( ) 9. Life insurance policies (indicate face value, cash surrender value and current beneficiaries) ( ) 10. Annuities () 11. Gifts () 12. Inheritances () 13. Patents, copyrights, inventions, royalties () 14. Personal property outside the home O 15. Businesses (list all owners, including percentage of ownership, and officer/director positions held by a party with company) ( ) 16. Employment termination benefits, severance pay, workman's compensation claim/award ( ) 17. Profit sharing plans (X) 18. Pension plans (indicate employee contribution and date plan vests) ( ) 19. Retirement plans, Individual Retirement Accounts ( ) 20. Disability payments () 21. Litigation claims (matured and unmatured) ( ) 22. Military/V.A. benefits ( ) 23. Education benefits ( ) 24. Debts due, including loans, mortgages held (X) 25. Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute) ( ) 26. Other: Notes 2 MARITAL PROPERTY PLAINTIFF, MELISSA MALAVENDA, LISTS ALL MARITAL PROPERTY IN WHICH EITHER OR BOTH SPOUSES HAVE A LEGAL OR EQUITABLE INTEREST INDIVIDUALLY OR WITH ANY OTHER PERSON AS OF THE DATE OF THE SEPARATION OF THE PARTIES: ITEM NO. 1 DESCRIPTION OF PROPERTY: 4 Shoemaker Lane, Mechanicsburg, PA DATE OF ACQUISITION: July 2007 COST OR VALUE AS OF DATE OF ACQUISITION: 0 COST OR VALUE AS OF DATE OF SEPARATION: PRESENT VALUE: $160,000.00 AMOUNT OF ANY LIEN: $152,400.00 NATURE OF ANY LIEN: mortgage HOLDER OF LIEN: GMAC' ITEM NO. 2 DESCRIPTION OF PROPERTY: PSERS - Pension DATE OF ACQUISITION: During marriage - Date of Hire: September 2001 COST OR VALUE AS OF DATE OF ACQUISITION: 0 COST OR VALUE AS OF DATE OF SEPARATION: $13,000.00 PRESENT VALUE: $15,000.00 AMOUNT OF ANY LIEN: None NATURE OF ANY LIEN: None EFFECTIVE DATE OF LIEN: None HOLDER OF LIEN: N/A ' Mortgage is in foreclosure as Defendant has failed to pay the mortgage. 3 ITEM NO. 3 DESCRIPTION OF PROPERTY: Various items of Furniture DATE OF ACQUISITION: During the marriage COST OR VALUE AS OF DATE OF ACQUISITION: COST OR VALUE AS OF DATE OF SEPARATION: PRESENT VALUE: Unknown AMOUNT OF ANY LIEN: None NATURE OF ANY LIEN: EFFECTIVE DATE OF LIEN: HOLDER OF LIEN: ITEM NO. 4 DESCRIPTION OF PROPERTY: 2003 Dodge Neon DATE OF ACQUISITION: During marriage COST OR VALUE AS OF DATE OF ACQUISITION: $10,000.00 COST OR VALUE AS OF DATE OF SEPARATION: Unknown PRESENT VALUE: Unknown AMOUNT OF ANY LIEN: None NATURE OF ANY LIEN: None HOLDER OF LIEN: ITEM NO. 5 DESCRIPTION OF PROPERTY: 2006 Motorcycle Trailer DATE OF ACQUISITION: During the marriage COST OR VALUE AS OF DATE OF ACQUISITION: $8,000.00 COST OR VALUE AS OF DATE OF SEPARATION: Unknown PRESENT VALUE: Unknown AMOUNT OF ANY LIEN: None NATURE OF ANY LIEN: EFFECTIVE DATE OF LIEN: HOLDER OF LIEN: ITEM NO. 6 DESCRIPTION OF PROPERTY: Chevy S 10 Pickup Truck DATE OF ACQUISITION: During marriage COST OR VALUE AS OF DATE OF ACQUISITION: Unknown COST OR VALUE AS OF DATE OF SEPARATION: Unknown PRESENT VALUE: Unknown AMOUNT OF ANY LIEN: None NATURE OF ANY LIEN: None HOLDER OF LIEN: ITEM NO. 8 DESCRIPTION OF PROPERTY: Red Pickup Truck DATE OF ACQUISITION: During marriage COST OR VALUE AS OF DATE OF ACQUISITION: Unknown COST OR VALUE AS OF DATE OF SEPARATION: Unknown PRESENT VALUE: Unknown AMOUNT OF ANY LIEN: None NATURE OF ANY LIEN: None HOLDER OF LIEN: NON-MARITAL PROPERTY PLAINTIFF, MELISSA MALAVENDA, LISTS ALL PROPERTY IN WHICH A SPOUSE HAS A LEGAL OR EQUITABLE INTEREST WHICH IS CLAIMED TO BE EXCLUDED FROM MARITAL PROPERTY: ITEM NO. 1 DESCRIPTION OF PROPERTY: Various personal items: (a) Winter coats; (b) Leather coats; (c) Dress shoes; (d) Sketcher sneaker (1); (e) Clothing; (f) Framed picture from son; (g) Jewelry box with contents; (h) Sewing machine; (i) Leather sofa; 0) Gliding rocking chair; (k) End table; (1) Black table lamp; (m) Floor standing mirror; (n) Bedroom TV; and (o) Bedroom cabinet with wheels and contents-music NAMES OF ALL OWNERS DATE OF ACQUISITION: COST OR VALUE AS OF DATE OF ACQUISITION: COST OR VALUE AS OF DATE OF SEPARATION: PRESENT VALUE: AMOUNT OF ANY LIEN: NATURE OF ANY LIEN: EFFECTIVE DATE OF LIEN: HOLDER OF LIEN: BASIS FOR EXCLUSION FROM MARITAL PROPERTY 1 - Pre-marital property Exclusion Codes: 2. 3. Pre-marital property Acquired after separation Inheritance 4. Gift 5. Property excluded by agreement of the parties 6. Property disposed of in good faith for value prior to divorce 7 ITEM NO.2 DESCRIPTION OF PROPERTY: DATE OF ACQUISITION: NAMES OF ALL OWNERS: COST OR VALUE AS OF DATE OF ACQUISITION: COST OR VALUE AT DATE OF MARRIAGE: COST OR VALUE AS OF DATE OF SEPARATION: PRESENT VALUE: AMOUNT OF ANY LIEN: NATURE OF ANY LIEN: EFFECTIVE DATE OF LIEN: HOLDER OF LIEN: BASIS FOR EXCLUSION FROM MARITAL PROPERTY Exclusion Codes: 1. Pre-marital property 4. Gift 2. Acquired after separation 5. Property excluded by agreement of the parties 3. Inheritance 6. Property disposed of in good faith for value prior to divorce 9 LIABILITIES PLAINTIFF, MELISSA MALAVENDA, LISTS ALL LIABILITIES OF EITHER OR BOTH SPOUSES ALONE OR WITH ANY PERSON AS OF THE DATE OF SEPARATION: ITEM 1 DESCRIPTION OF LIABILITY: NAMES OF CREDITORS: NAMES OF DEBTORS DATE LIABILITY WAS INCURRED AMOUNT OF LIABILITY ON DATE INCURRED AMOUNT OF LIABILITY ON DATE OF SEPARATION DATE BALANCE IS DUE PERIODIC PAYMENT AND AMOUNT ITEM NO. 2 DESCRIPTION OF LIABILITY: NAMES OF CREDITORS: NAMES OF DEBTORS DATE LIABILITY WAS INCURRED AMOUNT OF LIABILITY ON DATE INCURRED AMOUNT OF LIABILITY ON DATE OF SEPARATION DATE BALANCE IS DUE PERIODIC PAYMENT AND AMOUNT 10 ITEM NO. 3 DESCRIPTION OF LIABILITY: NAMES OF CREDITORS: NAMES OF DEBTORS DATE LIABILITY WAS INCURRED AMOUNT OF LIABILITY ON DATE INCURRED AMOUNT OF LIABILITY ON DATE OF SEPARATION DATE BALANCE IS DUE PERIODIC PAYMENT AND AMOUNT ITEM NO.4 DESCRIPTION OF LIABILITY: NAMES OF CREDITORS: NAMES OF DEBTORS DATE LIABILITY WAS INCURRED AMOUNT OF LIABILITY ON DATE INCURRED AMOUNT OF LIABILITY ON DATE OF SEPARATION DATE BALANCE IS DUE PERIODIC PAYMENT AND AMOUNT 11 CERTIFICATE OF SERVICE I do hereby state that on them day of April 2012, I served a true and correct copy of the foregoing document in the above-captioned matter, by placing the same in the United States mail, first-class, postage prepaid, in Harrisburg, Pennsylvania, addressed to: Sheri D. Coover, Esquire Scaringi & Scaringi 2000 Linglestown Road Suite 106 Harrisburg, PA 17110 Attorneys of Record for Defendant Carl R. Malavenda 4 Shoemaker Lane Mechanicsburg, PA 17050 Angela L. wilt, Legal Assistant MELISSA MALAVENDA, Plaintiff V. CARL MALAVENDA, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION AT LAW CASE NO 2009-6423 . IN DIVORCE 1. .nom AFFIDAVIT OF CONSENT u *=_ Fey t ? 1. A complaint in divorce under §3301(c ) of the Divorce Code was filed on September 25, 2009. 2. Defendant's counsel accepted service of the divorce complaint on October 12, 2009. . 3. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 4. 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 ?P, Date Defendant Carl Malavenda MELISSA MALAVENDA, IN THE COURT OF COMMON PLEAFb ? Plaintiff :CUMBERLAND COUNTY, PENNSY>!+N V. CIVIL ACTION AT LAW -? CASE NO 2009-6423 . CARL MALAVENDA, ?' Defendant : IN DIVORCE' WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301(C) OF THE DIVORCE CODE 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 [ do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.§ 4903 relating to unworn falsification to authorities. 112 Date Carl Malavenda, Defendant MELISSA MALAVENDA, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, . PENNSYLVAN[A . NO.. 2009-6423 1..~:. ~_~ CARL R. MALAVENDA, . ~ . Defendant CIVIL ACTION -LAW ~i . IN DIVORCE ~"~ _- ~ AFFIDAVIT OF CONSENT. c~a ~~ i. A Complaint iii Divorce uii~:er 3330: (c~ of the Divo:;;c Code ~~ti~a~ `~cd ~;:~~~ October 12, 2009. 2. The marriage of Plaintiff and Defendant 'is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a Final Decree of Divorce after service of Notice of Intention to Request Entry of the Decree. I verify that the statements made in 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. Melissa Malavenda Dated: ~ '- ;~ .~~ ~_~ !-~- CERTIFICATE OF SERVICE I do hereby state that on the ~,L.~. day of October, 2012, I served a true and correct copy of the foregoing doctunent in the above-captioned matter, by placing the same in the United States mail, first-class, postage prepaid, in Harrisburg, Pennsylvania, addressed to: Sheri D. Coover, Esquire Scaringi &Scaringi 2000 Linglestown Road Suite 106 Harrisburg, PA 1 "1110 -` Angela . Hewi t~~ Legal Assistant MELISSA MALAVENDA, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA `~, ~~ NO. 2009-6423 ~ r-= c~ CARL R, MALAVENDA, ~'~ Defendant CIVIL ACTION -LAW ~, - _ ,, IN DIVORCE C'~ ~ WAIVER OF NOTICE OF INTENTION 'TO ~~, _ REQUEST ENTRY OF A DIVORCE DECREE ~~~ UNDER ~3301(c) OF THE DIVORCE CODE '~' 1. 1 consent to the entry of a final decree of divorce without ni~tice. 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 finalized. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. { X11 1 ~ ,:~; ~ ~ r : 1 ~~ ~~C 2 ?-f' ~~' Melissa Malavenda r Dated: ____ r _1.~~~" i, x CERTIFICATE OF SERVICE I ~do hereby state that on the _~ day of October, 2012, I served a true and correct copy of the foregoing document in the above-captioned matter, by placing the same in the United States mail, first-class, postage prepaid, in Harrisburg, Pennsylvania, addressed to: Sheri D. Coover, Esquire Scaringi &Scaringi 2000 Linglestown Road Suite 106 Harrisburg, PA 17110 Legal Assistant ~~ y ~ a.~~~~ c~ ~o MARITAL SETTLEMENT AGREEMENT - .M ~.: _. BY AND BETWEEN ~`" ~~~ -- AND CARL R. MALAVENDA a/kJa CARL R MALAVENDA, JR. MELISSA MA.LAVENDA ~ .:~, ~` Jordan D. Cunningham, Esquire Cunningham & Chemicoff, P.C. 2320 North Second Street P. O. Box 60457 Hamsburg, PA 17106-0457 (Attorney for Melissa Malavenda ) Ms. Sheri D. Coover, Esquire Scaringi & Scaringi 44 S. Hanover Street Carlisle, PA 17013 (Attorney for Carl R. Malavenda) TABLE OF CONTENTS HEADINGS PAGE 1. ADVICE OF COUNSEL ................................................. 3 2. DISCLOSURE OF ASSETS .............................................. 3 3. EQUITABLE DISTRIBUTION ............................................ 4 (a) Real Property .....................................................4 (b) Furnishings and Personal Property .................................... 4 (c) Motor Vehicles ................................................... 5 (d) Pension .........................................................6 (e) Miscellaneous Property ............................................. 6 (~ Property to Wife ..................................................7 (g) Property to Husband ............................................... 7 (h} Liability Not Listed ..................... . ......................... 7 (i) Indemnification of Wife .. . ......................................... $ (j) Indemnification ofHusband ......................................... $ ~) Mortgage Liability ................................................. $ (1) Warranty as to Future Obligations ................................... IO 4. COUNSEL FEES ...................................................... 10 5. WAIVER OF BENEFICIARY DESIGNATIONS ............................. 10 TABLE OF CONTENTS (Continued HEADINGS PAGE 6. RELEASE OF CLAIMS ................................................. 10 7. PRESERVATION OF RECORD .......................................... 12 8. MODIFICATION ..................................................... .12 9. SEVER.ABII.,ITY ..................................................... .12 10. BREACH ........................................................... .12 11. WAIVER OF BREACH ................................................ . 13 12. NOTICE ............................................................ .13 13. APPLICABLE LAW ................................................... . 13 14. AGREEMENT BINDING OR PARTIES AND HEIRS . ...................... . 13 15. ENTIRE AGREEMENT ................................................ . 14 ~. PRIOR AGREEMENTS ................................................. 14 17. INCORPORATION OF DOCUMENTS .................................... 14 18. MUTUAL COOPERATION ............................................. 14 19. DATE OF EXECUTIQN ................................................ 14 20. EFFECTNE DATE .................................................... 15 21. AGREEMENT NOT TO BE MERGED .................................... 15 22. EFFECT OF RECONCILIATION RECONCILIATION ATTEMPT .......................................... 1 S 23. HEADINGS NOT PART OF AGREEMENT ................................ 1 S 24. COUNTERPARTS ..................................................... 15 1. ADVICE OF COUNSEL: The provisions of this Agreement and their legal effect have been fully explained to WIFE by her counsel, Jordan D. Cunningham, Esquire, and provided to HUSBAND by his counsel, Sheri D. Coover, Esquire. Each party acknowledges that he or she has had the opportunity to receive independent legal counsel. of his or her selection, and that each fully understands the facts and his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, and that execution of this Agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. In addition, each party hereby acknowledges that he or she is aware of the impact of the Pennsylvania Divorce Code, 23 Pa. C.S.A. §3101, et ~., whereby the Court has the right and duty to determine all martial rights of the parties including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same, and being fully advised of his or her rights thereunder, each parry hereto still desires to execute this Agreement, acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his and her respective right to have the Court of Common Pleas of Dauphin County, or any other court of competent jurisdiction, make any determination or order affecting the respective parties' rights to alimony, alimony pendente lite, equitable distribution of all marital property, counsel fees and costs of litigation, or any other right arising from the parties' marriage. 2. DISCLOSURE OF ASSETS: Each of the parties hereto acknowledges that he or she is aware of his or her right to engage in discovery, including but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories, and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure and each of the parties specifically waives his or her right to engage in any further discovery. Each of the parties further acknowledges that he or she is aware of 2 his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the Courts of this Commonwealth or any other Court or competent jurisdiction. The respective parties do hereby warrant that there has been full and fair disclosure to the other of his or her income, assets and liabilities, and each party agrees that any right to further disclosure, valuation, enumeration or statement thereof in this Agreement is hereby specifically waives, and the parties do not wish to make or append hereto any further enumeration or statement. The parties hereby acknowledge and agree that, based upon the warrants of disclosure, the division of the marital assets as set forth in this Agreement is considered fair, reasonable and equitable, and is satisfactory to them. Each of the parties hereto further covenant and agree for himself and herself and his or her heirs, executors, administrators or assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators or assigns in any action of contention, direct or indirect, and allege therein that there was any duress, undue influence, or that there was a failure to have available full, proper and independent representation by legal counsel. 3. 1/ L7ITABLE DISTRIBUTION: a. Real Properiy: The parties acquired real property known and numbered as 4 Shoemaker Lane, Mechanicsburg, Cumberland County, Pennsylvania during their marriage and WIFE transfers, sets over, and conveys her right, title, and interest in the real property to HUSBAND. b. Furnishings and Personal Property: i. Each of the parties recognize that the furnishings and personal property owned by them prior to their marriage is non-marital property as that term is defined in the Divorce Code. In light of the non-marital nature of such property, effective the date of this 3 Agreement, HUSBAND and WIFE each sets over and transfers to the other, alI of their right, title, claim and interest in and to all of each other's non-marital furnishings and personal property, including but not limited to, furniture, furnishings, rugs, antiques, collectibles, household appliances and equipment, clothes, jewelry, personalty, and other items of tangible property of whatever nature. The parties non-marital property has been previously separated and distributed among the parties. ii. Each of the parties recognize that the furnishings and personal property is marital property as that term is defined in the Divorce Code. Wife hereby assigns, conveys and transfers to Husband all of her right, title and interest in and to any and all furniture, furnishings, household goods, appliances, and any other items of tangible personal property of whatever nature that are presently in the possession of Husband. The aforesaid items shall constitute the sole and exclusive property of Husband. Husband hereby assigns, conveys and transfers to Wife all of his right, title and interest in and to any and all furniture, furnishings, household goods, appliances and any other items of tangible personal property of whatever nature that are presently in the possession of Wife. The aforesaid items shall constitute the sole and exclusive property of Wife. c;. Motor Vehicles: i. HUSBAND agrees that WIFE shall retain possession of and receive as her sole and separate property the 2003 Dodge Neon, along with all rights under any insurance policy thereon, free of any right, title, claim or interest of HUSBAND. 4 u. WIFE agrees that HUSBAND shall retain possession of and receive as his sole and separate property the 2006 Motorcycle Trailer; 1995 Chevy 5-10 Pickup Truck; and 1995 Dodge Truck along with all rights under any insurance policy thereon, free of any right, title, claim or interest of WIFE. iii. HUSBAND and WIFE agree to execute, acknowledge and deliver, within thirty (30) days of WIFE'S or HUSBAND'S request, any and all instruments or documents necessary to effectuate the transfer of the vehicle pursuant to the terms of this subparagraph. iv. HUSBAND and WIFE agree to indemnify and hold each other and their property harmless from any liability, cost or expense, including attorney's fees, incurred in connection with the vehicle awarded to her by the terms of this subparagraph. d. Pension: HUSBAND agrees WIFE shall maintain and retain sole ownership and beneficial interest in her Pennsylvania State Employees Retirement System Pension. HUSBAND shall execute, acknowledge, and deliver to WIFE, within thirty (30) days of her request to do so, any and all documents, if any, that may be required by the Pennsylvania State Employees Retirement System to terminate his interest in WIFE's retirement/pension benefit. e. Miscellaneous Property: All property not specifically addressed herein shall be hereafter owned by the party to wham the property is titled; and if untitled, the party in possession. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from each to the other. 5 f. Property to Wife: The parties agree that WIFE shall own, possess, and enjoy, free from any claim of HUSBAND, the properly awazded to her by the terms of this Agreement including, but not limited to, WIFE's interest in the retirementJpensionphn administrated by the Pennsylvania State Employees Retirement System. HUSBAND hereby quitclaims, assigns and conveys to WIFE all such property, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from HUSBAND to WIFE. g. Property to Husband: The parties agree that HUSBAND shall own, possess, and enjoy, free from any claim of WIFE, the property awarded to her by the terms of this Agreement including but not limited to all motor vehicles and personal property in HUSBAND's possession. WIFE hereby quitclaims, assigns and conveys to HUSBAND all such property, together with any insurance policies covering that properly, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sate to evidence the transfer of any and all rights in such property from WIFE to HUSBAND. h. Liability Not Listed: Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than those described in this Agreement, on which the other party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and each party agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all such debts, obligations and liabilities. 6 i. Indemnification of Wife: If any claim, action ar proceeding is hereafter initiated seeking to hold WIFE liable for the marital and business debts or obligations assumed by HUSBAND under this Agreement as a result of his default in the payment of the said marital or business debts, HUSBAND shall, at his sole expense, defend WIFE against any such claim, action or proceeding, whether or not well-founded, and indemnify her and her property against any damages or loss resulting therefrom, including, but not limited to, costs of court and actual reasonable attorney's fees incurred by WIFE in connection therewith. j. Indemnification ofHusband: If any claim, action or proceeding is hereafter initiated seeking to hold HUSBAND liable for the marital and business debts or obligations assumed by WIFE under this Agreement, WIFE shall, at her sole expense, defend HUSBAND against any such claim, action or proceeding, whether or not well-founded, and indemnify him and his property against any damages or loss resulting therefrom, including, but not limited to, costs of court and actual reasonable attorney's fees incurred by HUSBAND in connection therewith. k. MortgagLe Liability: From the date of Husband's sole occupancy of the former Marital Residence, the real property located at 4 Shoemaker Lane, Mechanicsburg, PA on or about September 4, 2009, HUSBAND has paid and agrees to continue to assume as his sole obligation any and all mortgage payments, taxes, and insurance incurred in connection with the Marital Residence. HUSBAND further agrees and covenants to hold WIFE harmless from any liability or obligation arising from any nonpayment of the Note and Mortgage encumbering the Marital Residence. HUSBAND shall pay and be solely responsible for the payment of all past, current, and future installment 7 payments owed pursuant to the Note and Mortgage executed by HUSBAND and WIFE, on June 22, 2009 with Quicken Loans, Inc./GMAC Mortgage, LLC, Account #100039032200413363, their successors, assigns and nominees. HUSBAND shall use good faith efforts to refinance the existing Note and Mortgage owed to Quicken Loans, Inc. (now GMAC Mortgage, LLC) or have WIFE released from the Note and Mortgage at least every two (2) years. HUSBAND agrees that until he either refinances the existing Note and Mortgage in such an amount to payoff in full said Note and Mortgage or obtains WIFE's release from the aforesaid Note and Mortgage he shall not use the property known and numbered as 4 Shoemaker Lane, Mechanicsburg, PA as collateral for any further financing. Provided, nevertheless, HUSBAND shall have refinanced in full and retire the aforesaid Note and Mortgage or secured WIFE's release from the Note and Mortgage by June 30, 2017. In the event HUSBAND does not refinance and retire the aforesaid Note and Mortgage or obtain WIFE's release from the aforesaid Note and Mortgage by June 30, 2017, then, WIFE shall have the right to list for sale the real property known and numbered as 4 Shoemaker Lane, Mechanicsburg, PA with a reputable realtor at a price which will secure the prompt liquidation of the aforesaid property and HUSBAND, for the purpose of this subparagraph of this Agreement, gives WIFE a limited power of attorney to execute an exclusive listing agreement with a realtor to list the property. HUSBAND shall not have the right to refuse any offer made for the purchase of the aforesaid property if the offer is sufficient topay-off the then existing notes and mortgages and pay the reasonable closing or transaction costs. 8 From the date of HUSBAND' S sole occupancy of the former Marital Residence located at 4 Shoemaker Lane, Mechanicsburg, PA on September 4, 2009, HUSBAND has paid and agrees to continue to assume as his sole obligation any all utility charges, maintenance, repairs, claims, damages and all other expenses incurred in connection with the Marital Residence. HUSBAND further agrees and covenants to hold WIFE harmless from any liability or obligation arising from any nonpayment of the aforesaid Note and Mortgage, taxes and other maintenance expenses. In exchange, HUSBAND has received the former Martial Residence in equitable distribution in return for the obligations set forth in this subparagraph 3(K). 1. Warranty as to Future Obli atg ions: HUSBAND and WIFE shall take all steps necessary to assure that no credit cards or similar accounts or obligations exist which provide for joint liability. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to cooperate in closing any and all accounts on which joint liability may be incurred. HUSBAND and WIFE each represents and warrants to the other that he or she will not at any time in the future incur or contract any debt, charge or liability for which the other, the other's legal representatives, property or estate may be responsible. Each party hereby agrees to indemnify, save and hold the other and his or her property harmless from any liability, loss, cost or expense whatsoever, including attorney's fees, incurred in the event of breach hereof. 9 4. COUNSEL FEES: HUSBAND and WIFE shall each be solely responsible for their respective counsel fees, costs and expenses which each of the parties may incur in connection with the negotiation and execution of this Agreement and the dissolution of their marriage. 5. WAIVER OF BENEFICIARY DESIGNATIONS. Unless otherwise specifically set forth in this Agreement, each party hereto specifically waives any and all beneficiary rights in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature, deferred compensation plans, fife insurance policies, annuities, stock accounts, bank accounts, final paychecks or any other post-death distribution scheme, and each party expressly states that i.t is his and her intention to revoke by the terms of this Agreement any beneficiary designations naming the other which are in effect as of the date of execution of this Agreement. If and in the event the other parry continues to be names as a beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party. Notwithstandingtpe foregoing, however, in the event that either party hereto specifically designates the other party as a beneficiary of any asset after the date of execution of this Agreement, then this waiver provision shall not bar that party from qualifying as such beneficiary. 5. RELEASE OF CLAIMS: a. HUSBAND and WIFE acknowledge and agree that the property dispositions provided far herein constitute an equitable distribution of their assets and liabilities pursuant to Section 3 502 of the Divorce Code and HUSBAND and WIFE hereby waive any right to division of their property except as otherwise provided for in this Agreement. Furthermore, except as otherwise provided for in this Agreement, each of the parties hereby specifically waives, releases, renounces and forever abandons any claim, right, title or interest whatsoever 10 he or she may have in or to property transferred to the other party pursuant to this Agreement or identified in this Agreement as belonging to the other party, and each party agrees never to assert any claim to said property or proceeds in the future. However, neither party is released or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. HUSBAND and WIFE shall hereafter own and enj oy independently of any claim or right of the other, acquired by him or her from the date of execution of this Agreement with full power in him or her to dispose of the same fully and effectively for all purpose. b. Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either party may have or at any time hereafter has for past, present or future support or maintenance, alimony pendente rite. alimony, equitable distribution, counsel fees, costs, expenses and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980 its supplements and amendments, as well as any other law of any other jurisdiction, except and only except all rights and obligations arising under this Agreement or for the breach of any of its provisions. c. Except as otherwise provided herein, each parry hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the mazital relationship of the parties whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out 11 of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, curCesy, widow's or widower's rights, family exemption or similar allowance, or under the intestate laws or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country. 7. PRESERVATION OF RECORDS: Each party will keep and preserve for a period of four (4) years from the date of divorce all financial records relating to the marital estate, and each party will allow the other party access to those records in the event of tax audit. 8. MODIFICATION: No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 9. SEVERABILITY: If any provisions of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force effect without being impaired or invalidated in any way. 10. BREACH: If either party hereto breaches any provision hereof, the other parry shall have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her. The non-breaching party shall be entitled to recover from the breaching party all costs, expenses and legal fees actually incurred in the enforcement of the rights of the non-breaching party. 12 r ~ ~- 11. WAIVER OF BREACH: The waiver by one party of any breach of this Agreement by the other party will not be deemed a waiver of any other breach or any provision of this Agreement. 12. NOTICE: Any notice to be given under this Agreement by either party to the other shall be in writing and may be effective by registered or certified mail, return receipt requested. Notice to WIFE, will be sufficient if made or addressed to the following: Melissa Malavenda c/o Jordan D. Cunningham, Esquire Cunningham & Chernicoff, P.C. 2320 North Second Street Hamsburg, PA 17110 and to HUSBAND, if made or addressed to the following: Carl R Malavenda 4 Shoemaker Lane Mechanicsburg, PA Each party may change the address for notice to him or her by giving notice of that change in accordance with the provisions of this paragraph. 13. APPLICABLE LAW: Ail acts contemplated by this Agreement shall be construed and enforced under the laws of the Commonwealth of Pennsylvania in effect as of the date of execution of this Agreement. 14. AGREEMENT BINDING OR PARTIES AND HEIRS: This Agreement, except as otherwise expressly provided herein, shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties. 13 15. ENTIRE AGREEMENT: Each parry acknowledges that he or she has carefully read this Agreement, including all other documents to which it refers; that he or she has had the opportunity to discuss its provisions with an attorney of his or her own choice, and has executed it voluntarily; and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover. This Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties. 16. PRIOR AGREEMENTS: The parties specifically agree that this Agreement shall supersede and any and all prior agreements between the parties. 17. INCORPORATION OF DOCUMENTS: All documents and other instruments referred to in this Agreement are incorporated into this Agreement as completely as if they were copied verbatim in the body of it. 18. MUTUAL COOPERATION: Each party shall on demand execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiaries of insurance policies or other benefits or assets, tax returns, and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. Tf either parry unreasonably fails on demand to comply with these provisions, that party shall pay to the other parry all attorney's fees, costs, and other expenses actually incurred as a result of such failure. 19. DATE OF EXECUTION: The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they each have executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 14 .• 20. EFFECTIVE DATE: This Agreement is effective and binding upon both parties as of Ia~l . ~e Cie C~c ~hC C-~CC~.~ac, ~~r ~h~ ~~=m~1~• 21. AGREEMENT NOT TO BE MERGED: This Agreement shall not be merged into the parties' divorce decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity specifically are not waived or released. 22. EFFECT OF RECONCILIATION OR RECONCILIATION ATTEMPT: This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect a reconciliation, cohabit as husband and wife or attempt to effect a reconciliation. This Agreement shall continue in fui~ force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties in writing execute a statement declaring this Agreement or any terns of this Agreement to be null and void. 23. HEADINGS NOT PART OF AGREEMENT: Any headulgs preceding the text of the several paragraphs and subparagraphs hereof are inserted solely far convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 24. COUNTERPARTS: This Agreement may be executed incounterparts, each ofwhich will be an original and which together shall constitute one and the same instrument. 15 „ . IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the dates of their acknowledgments. r~ (1, . E 1 L~.~~-"L Y 'I I~VC-t-I'~~-L~- Melissa Malavenda arl R. Malavenda C ala da, Jr. F:\Home\AN6WITT\DOCS\M-N\MALAVEDT~A, MELISSA\Sett Agreement DRAFT 092712 vpd. Wpd 16 WITNESS: ~ 1. ,r• COMMONWEALTH OF PENNSYLVANIA . ss. COUNTY OF CUMBERLAND r' ::,'.~ / On this day of ~... `- ~ ` ~-' ~• 20I~ before me, the undersigned officer, personally appeared CARL MALAVENDA, also known as CARL MALAVENDA, JR., known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. i coMMONWEALtIi PENNMVANL4 l ' ~, ..~ : ~ ~ - ~,-/;+~/ , ~ i ~~~ se~u Notary Public Vakrk F, C~seN, NOdlry Publk ~~/ Ca~sle 90r0, Cumberland glunty C~n'+rrtlawon Ott B, 2014 Member. Pennevhnnsa Aerecladan otart~s __ COMMONWEALTH OF PENNSYLVANIA } } ss: COUNTY OF DAUPHIN } On this, the ~~day of November 2012, before me, a Notary Public, the undersigned officer, personally appeared Melissa Malavenda, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ONWEALTN OF PENNSYLVANIA NOTARIAL SEAL LISA M. FUG. Natary Public City of Narrisbury, Dauphin Counly My Cornmissicn Expires June 22, 2015 _._. N ARY UBLIC MELISSA MALAVENDA, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. . NO. 09-6423 ;. CARL R. MALAVENDA, _ ~;:~; - Defendant CIVIL ACTION -LAW . IN DIVORCE ~ w? -. `~<~ ~ ,u? ~r.. -.n 4_ -~,_ ~: TO THE PROTHONOTARY: - I=' Withdraw Counts II, III, and IV of the Complaint filed in the above captioned matter. CUNNINGHAM & CHERNICOFF, P.C. Date: /i" /1~ d ~-' By: ord .Cunningham, Esquire PA Supreme Court I.D. No. 23144 P.O. Box 60457 Harrisburg, PA 17106-0457 Telephone: 717-23 8-6570 Attorneys for Plaintiff F:~I-Iome~Al-IEWITT\DOCSUv1-N~MALAVENDA, MELISSA4notion to wdrawn compl counts 11612.wpd CERTIFICATE OF SERVICE I do hereby state that on the day of November, 2012, I served a true and correct copy of the foregoing document in the above-captioned matter, by placing the same in the United States mail, first-class, postage prepaid, in Harrisburg, Pennsylvania, addressed to: Sheri D. Coover, Esquire Scaringi & Scaringi 2000 Linglestown Road Suite 106 Harrisburg, PA 17110 Legal Assistant MELISSA MALAVENDA, Plaintiff V. CARL R. MALAVENDA, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-6423 CIVIL ACTION - LAW IN DIVORCE-OC-2012 ORDER AND NOW, this ? day of December, 2012, upon a review of the Motion to Vacate the Appointment of Divorce filed by the Movant, Melissa Malavenda, there being no objection by any of the interested parties, and upon the motion of Jordan D. Cunningham, Esquire, the mastership of E. Robert Elicker, Esquire is vacated. Distribution: BY THE COURT, 1\4? /Jordan D. Cunningham, Esq., 2320 N. 2"d St., Harrisburg, PA 17110 Sheri D. Coover, Esquire, 2000 Linglestown Road, Suite 106, Harrisburg, PA 17110 C>.7 ? In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION MELISSA MALAVENDA ) Docket Number: IIMEMegaita Plaintiff vs. ) PACSES Case Number: 979111378 CARL R. MALAVENDA JR Defendant ) Other State ID Number: Order AND NOW to wit, this OCTOBER 28, 2013 it is hereby Ordered that: The Domestic Relations Section dismiss their interest in the above captioned Alimony Pendente Lite matter and the case is closed, pursuant to the parties' Divorce Decree on January 10, 2013. 'off S ti BY THE COURT: M.L. art;dr ' JUDGE Form 0E-520 02/11 Service Type M Worker ID 21205