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HomeMy WebLinkAbout01-6934S. FAHNESTOCK, Plaintiff ELLIS J. FAHNESTOCK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001- ¢ 73~/ CIVIL TERM CIVIL ACTION-LAW IN DIVORCE _NOTICE TO DEFEND AND CLAIM RIGHTS_ You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown, of the marriage, you may request marriage counseling. A list of marriage counselors ~s available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ~NULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 BRENDA S. FAHNESTOCK, Plaintiff ELLIS J. FAHNESTOCK, Defendant · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001- (,?3y CIVILTERM CIVIL ACTION-LAW · IN DIVORCE COMPLAINT UNDER SECTIONS 3301(C) AND 3301(D) OF THE DIVORCE CODE 1. Plaintiff is Brenda S. Fahnestock, an adult individual with a current mailing address of 36 West Pomfret Street, Apartment 2, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Ellis J. Fahnestock, an adult individual who currently resides at 26 Chestnut Street, Mount Holly Springs, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on October 15, 1977, in Cumberland County, Pennsylvania. COUNT I - DIVORCE 5. Plaintiff hereby incorporates by reference paragraphs 1 through 4 above. 6. There have been no prior actions of divorce or for annulment between the parties as to their current marriage. 7. Neither Plaintiff nor Defendant is in the Armed Forces of the United States. 8. Plaintiff avers that the marriage between the parties is irretrievably broken. 9. The Plaintiff has been advised of the availability of counseling and that she may have the right to request that the court require the parties to participate in counseling. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a decree in divorce. COUNT II -EQUITABLE DISTRIBUTION 10. Plaintiff hereby incorporates by reference paragraphs 1 through 9 above. 11. The parties have acquired real and personal property, including real estate, retirement benefits, automobiles, bank accounts and other items of property during the course of their marriage, some of which is marital property. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a decree which effects an equitable distribution of marital property. COUNT III -ALIMONY, ALIMONY PENDENTE LITE, 12. Plaintiff hereby incorporates by reference all of the averments in paragraphs 1 through 11 of this Complaint. 13. Plaintiff has employed counsel but is unable to pay the necessary and reasonable attorney's fees for said counsel. 14. Plaintiff is unable to sustain herself during the course of this litigation. 15. Plaintiff will be in need of alimony to sustain herself following the entry of a divorce decree. WHEREFORE, Plaintiff requests your Honorable Court to enter an award of ~, costs, alimony pendente lite and to further award such alimony as may be deemed appropriate. Respectfully submitted, O'BRIEN, BARIC & SCHERER rlo.dir/clients/fah nestoclddivorce.com By: Robert L. O'Brien, Esquire Attorney for Plaintiff I.D. # 28351 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 VERIFICATION_ 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 unsworn falsification to authorities. Brenda S. Fahnestock I: 0 ~0 rj~r~ 0 WAYNE F. SHADE Atlorney at Law 53 West Pomfret Street Carlisle, Pennsylvania BRENDA S. FAHNESTOCK, Plaintiff Vo ELLIS J. FAHNESTOCK, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 01-6934 CIVIL TERM : IN DIVORCE APPEARANCE TO: Curtis R. Long, Prothonotary Please enter the appearance of the undersigned on behalf of Defendant Ellis J. Fahnestock, also known as E. James Fahnestock in the above-captioned matter. Date: December 13, 2001 Wayn~F. Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Defendant BRENDA S. FAHNESTOCK, Plaintiff ELLIS J. FAHNESTOCK, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2001-6934 : CIVIL ACTION - LAW : IN DIVORCE ORDER OF COURT AND NOW, this __ day of ,2002, the Plaintiff's Motion for Hearing on Alimony Pendente Lite is referred to the County Domestic Relations Office for a hearing. BY THE COURT, Robert L. Q'Brien, Esquire Attorney for Plaintiff Wayne F, Shade, Esquire Attorney for Defendant BRENDA S. FAHNESTOCK, Plaintiff ELLIS J. FAHNESTOCK, Defendant · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · NO. 2001-6934 ' CIVIL ACTION - LAW · IN DIVORCE MOTION FOR HEARING ON ALIMONY PENDENTE LITE Movant is Robert L. O'Brien, Esquire, attorney for the Plaintiff in the above-captioned action. 2. Plaintiff has filed a count for Alimony Pendente Lite in the above- captioned action. WHEREFORE, Petitioner respectfully requests that the Alimony Pendente Lite matter be referred to the County Domestic Relations Office for a hearing. Respectfully submitted, O'BRIEN, BARIC & SCHERER rlo.dirlclientslfahnestocklapl.mot Robert L. O'Brien, Esquire ' Attorney for Plaintiff I.D. # 28351 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 BRENDA S. FAHNESTOCK, Plaintiff/Petitioner VS. ELLIS J. FAHNESTOCK, DofendanffRespondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 2001-6934 CIVIL TERM IN DIVORCE Dli~ 31626 Pacses~ 316104417 ORDER OF COURT AND NOW, this 12th day of April, 2001, upon consideration of the attached Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear bofore R.J. Shadda¥ on MaF 8~ 2002 at IO:30A,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 10c entered. YOU are further ordered to bring to the conference: (1) a true copy of your most recem Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11© (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY TI-IE COURT, George E. Hoffer, President Judge Mail copies on Petitioner 4-12-02 to: < Respondent Rob O'Brien, Esquire Wayne Shade, Esquire Date of Order: April 12, 2002 ,,. ,. ha, y. Conference O" cer ( 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 ORDER/NOT~CE TO wffHHOLO ~NCOME For sueeort State Commonwealth of Pennsylvania ~,,~C;~ ~-~//D/---/(.-); S Co./City/Dist. of CUMBERLAND ,..%~--- ,D/~' ~ Date of Order/Notice o5/08/o2 Court/Case Number (See Addendum for case summary) EmployerA,Vithholder's Federal EIN Number DAILY EXPRESS INC E mployer/Withholder's Name PO BOX 39 E m p~oye r/Wit hholde r's Address CARLISLE PA 17013-0039 RE: FAHNESTOCK, ~.T,T,TS J. Original OrdedNotice Terminate Order/Notice Employee/Obligor's Name (Last, First, MI) 3.79-44-7'748 Employee/Obligor's Social Security Number 0462100897 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. $ 606.00 per month in current support $ 46. oo per month in past-due support Arrears 12 weeks or greater? Oyes (~) no $ o. oo per month in medical support $ 0- 00 per month for genetic test costs $ per month in other (specify) for a total of $ 652. oo per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 150.46 per weekly pay period. $ 300.92 per biweekly pay period (every two weeks). $ 326.00 per semimonthly pay period (twice a month). $ 652.00 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 the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee'sJ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on pg. 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PA YMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. Date of Order: Service Type M BY THE ~ Form EN-028 OMB NO.: 0970A3154 Worker ID $IATT L~p;,atlon Date: 12/31/00 ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS [] If checked you are required to provide a copy of this form to your employee. 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. ........ ., ....~. ,.L~._,~ ......~-- ~ ...... ~-,-,- ............... ~'--'~ · ......... ' .............. 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. WITHHOLDER'S ID: 2315301230 EMPLOYEE'S/OBLIGOR'S NAME: Fi~]N~STOCK, RT.T.TS J- EMPLOYEE'S CASE IDENTIFIER: 04623.0089? DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.C. §1673 (b)l; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. 10. *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. Requesting Agency: 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 by FAX at LZ~Z)~c~ or by Internet @ or Service Type M Page 2 of 2 OMB No.: 0970q)154 Expiration Date: 12/31/00 Form EN-028 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: FAH/gESTOCK, ELLIS J. PACSES Case Number 257104055/3/~-~ Plaintiff Name Docket Attachment Amount 01016 S 2001 $ 550.00 Child(ren)'s Name(s): DOB SARA NICOLE FA/-rNESTOCK 01/24~84 PACSES Case Number 316104417/~/~/~ Plaintiff Name Docket Attachment Amount 01-6934 CIVIL $ 102.00 Child(ren)'s Name(s): DOB [] f checked you are required to enroll the child(ren! , , identified above in any hea th nsurance coverage ava ao e through the employee's/obligor's employment. [] If checked, you are required to enroll the child(ren) dentified above in any health insurance coverage available through the employee's/ob igor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB [] If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. [] If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.o0 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): DOB [] If checked, you are required to enroll the child(ren) dent fled above in any health insurance coverage available through the employee's/ob igor's emp oyment. [] If checked, you are required to enroll the child(ren) dentil ed above in any health insurance coverage available through the employee's/ob igor's employment. Service Type M Addendum OMB NO.: 097~0154 Expiration Date: 12/31/00 Form EN-028 Worker ID $IATT BRENDA S. FAHNESTOCK, : Plaintiff/Petitioner : ; VS. : .. ; ELLIS J. FAHNESTOCK, : Def~d~nt/Respondent: .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 2001-6934 CIVIL TERM IN DIVORCE DI~/ 31626 Pacses# 316104417 ORDER OF COURT AND NOW, this 8* day of May, 2002, based upon the Court's determination that Petitioner's monthly net incomeJeaming capacity is $1,838.17 and Respondent's monthly net income/earning capacity is $2,659.75, it is hereby Ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit, $102.00 per month payable monthly as follows; $92.00 for alimony pendente lite and $10.00 on arrears. First payment due on next pay date. Arrears set at $157.00 as of May 8, 2002. The effective date of the order is March 21, 2002. Alimony Pendente Lite is $65.00 per month from March 21, 2002 through April 20, 2002. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa.C.S.§ 3703. Further, if the Court finds, afrer hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and its discretion make an appropriate Order, including, but not limited to, commitment of the Respondent to prison for a period not to exceed six months. Said money to be turned over by the PA SCDU to: Brenda S. Fahnestock. Payments must be made by check or money order. All checks and money orders must be made payable to PA SCDU and mailed to: PA SCDU P.O. Box 69110 Harrisburg, PA 17106-9110 Payments must include the defendant's PACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. ¥tNVA'IASNI~d ilNnO0 Unreimbursed medical expenses that exceed $250.00 annually are to be paid 0% by the respondem and 100% by petitioner. The petitioner is responsible to pay the first $250.00 annually in unreimbursed medical expenses. Petitioner to provide medical insurance coverage. Within thirty (30) days after the entry of this order, the Petitioner shall submit written proof that medical insurance coverage has been obtained or that application for coverage has been made. Proof of coverage shall consist, at a minimum, of: 1) the name of the health care coverage provider(s); 2) any applicable idemification numbers; 3) any cards evidencing coverage; 4) the address to which claims should be made; 5) a description of any restrictions on usage, such as prior approval for hospital admissions, and the manner of obtaining approval; 6) a copy of the benefit booklet or coverage comract; 7) a description of all deductibles and co-paymems; and 8) five copies of any claim forms. This Order shall become final ten days after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Prothonotary for a hearing de novo before the Court. DRO: R. J. Shadday Mailed copies on 5-8-02 to: < Petitioner Respondent Robert O'Brien, Esquire Wayne Shade, Esquire BY THE COURT, Edgar B. Bayley J. WAYNE F. SHADE ATTORNEY AT LAW 53 WEST POMFRET STREET CARLISLE, PENNSYLVANIA 17013 (717) 243-0220 (800) 243-0220 May 8, 2002 FAX (717) 249-00! 7 Ms. Rickie J. Shadday Domestic Relations Office 13 North Hanover Street Carlisle, Pennsylvania i70i3 Re: Fahnestock v. Fahnestock No. ~1, ~ Dear Ms. Shadday: Please enter our appeal from the Recommended Order of alimony pendente lite and request for hearing de novo in the above matter. WFS/cjt cc: Robert L. O'Brien, Esquire Very truly yours, BRENDA S. FAHNESTOCK, Plaintiff Vo ELLIS J. FAHNESTOCK, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 01-6934 CIVIL TERM : DR# 31626 : PACSES# 316104417 DEMAND FOR HEARING DATE OF ORDER: May 8, 2002 AMOUNT: $92.00 per month plus $10.00 per month on arrears FOR: Alimony Pendente Lite REASON(S): 1. Plaintiff has no legal need for alimonypendente lite; and 2. Plaintiffhas refused to move the divorce proceedings forward. PARTY FILING DEMAND FOR HEARING: Wayne IZ'. Shade, Esquire Date: May 21, 2002 Ms. Rickie J. Shadday Domestic Relations Office 13 North Hanover Street Carlisle, ?ennsyivania 17013 WAYNE F. SHADE ATTORNEY AT LAW 53 WEST POMFRET STREET CARLISLE, P£NNSYLVANIA 17013 (717) 243-0220 (800) 243-0220 May 8, 2002 Dear Ms. Shadday: Re: Fahnestock v. Fahnestock PACSES/b~ ~¥/~ [,53 ~¥ q~?' ~'i? No. ~1, ~ Please enter our appeal from the Recommended Order of alimony pendente lite and request for hearing de novo in the above matter. WFS/cjt CC: Robert L. O'Brien, Esquire Very truly yours, BRENDA S. FAHNESTOCK, Plaintiff IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION ELLIS J. FAHNESTOCK, Defendant PACSES NO. 316104417 NO. 01-6934 CIVIL TERM INTERIM ORDER OF COURT AND NOW, this 11th day of July, 2002, upon consideration of the Support Master's Report and Recommendation, a copy of which is attached hereto as Exhibit "A", it is ordered and decreed as follows: A. The Defendant shall pay to the State Collection & Disbursement Unit for transmission to the Plaintiff as alimony pendente lite the sum of $60.00 per month. B. The Defendant shall pay to SCDU the additional sum of $10.00 per month on arrearages until paid in full. C. The effective date of this order is March 21, 2002. The parties are hereby advised that they may file written exceptions to the Support Master's Report and Recommendation within ten (10) 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 ten (10) days of the date of service of the original exceptions. If no exceptions are filed within ten (10) days of this interim order, this order shall then constitute a final order. By the Court, CC: Brenda S. Fahnestock Ellis J. Fahnestock Robert L. O'Brien, Esquire Wayne F. Shade, Esquire DRO BRENDA S. FAHNESTOCK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION ELLIS J. FAHNESTOCK, Defendant : PACSES NO. 316104417 : NO. 01-6934 CIVIL TERM SUPPORT MASTER'S REPORT AND RECOMMENDATION Following a hearing held before the undersigned Support Master on July 2, 2002, the following report and recommendation are made: FINDINGS OF FACT 1. The Plaintiff is Brenda S. Fahnestock, who resides at 36 West Pomfret Street, Apartment 2, Carlisle, Pennsylvania. 2. The Defendant is Ellis J. Fahnestock, who resides at 26 Chestnut Street, Mt. Holly Springs, Pennsylvania. 3. The parties are husband and wife having married on October 15, 1977. 4. The parties separated on August 16, 2000, when the Plaintiff moved from the marital residence. 5. The parties are the parents of one child, Sara Nicole Fahnestock, born January 24, 1984, who resides with the Plaintiff. 6. Although 18 years of age, the parties' daughter has not completed her senior year of high school. She will graduate in June, 2003. The Defendant is under order to pay the sum of $514.00 per month to the Plaintiff for the support of said child. The case is docketed to 1016 Support 2001. 8. On December 10, 2001, the Plaintiff filed a complaint in divorce to the above term and number. As part of her divorce action, the Plaintiff has requested an award of alimony pendente lite (hereafter "APL"), and on March 21, 2002, she filed a request for hearing on APL. Exhibit II AII 10. On May 8, 2002, following a conference at the Domestic Relations Office, an interim order was entered establishing the Defendant's APL obligation at $92.00 per month. 11. The Defendant has demanded a hearing de novo. 12. At the time she filed her complaint for divorce, the Plaintiff worked full- time for Cumberland-Goodwill Fire Rescue, where she earned a gross bi-weekly income of $1,000.00. 13. The Plaintiff worked on call for H & R Block Tax Services and earned a total gross income of $1,730.00 from January 1,2002, through April 13, 2002.4 14. The Defendant has net monthly income of $2,659.75 from his primary employment at Daily Express, Inc. and from his second job at Cumberland-Goodwill Fire Rescue.2 15. On May 30, 2002, the Plaintiff voluntarily left her employment with Cumberland-Goodwill Fire Rescue because she was concerned about her job security as a result of missing funds at the company. 16. The Plaintiff began employment with Select Medical Corporation on June 3, 2002. 17. The Plaintiff earns a gross bi-weekly income of $840.00 at her present position. 18. On December 13, 2001; January 13, 2002; April 1, 2002; and May 8, 2002, counsel for the Defendant sent written correspondence to counsel for the Plaintiff in an effort to move the divorce action to a conclusion. 19. On May 2, 2002, the Defendant filed a petition for appointment of a Master in divorce.3 DISCUSSION Whether to award alimony pendente lite has traditionally been a matter within the discretion of the trial court. Litmans v. Litmans, 673 A.2d. 382 (Pa. Super. 1996). If an award of APL is warranted, the amount of that award is ~ Plaintiff's testimony concerning this income contradicted her testimony before this Master on March 20, 2002, in the support action docketed to 1016 Support 2001. 2 This income determination was made by this Master at the hearing held March 20, 2002, in the support action and was stipulated by the parties to be correct for the purposes of this APL action. 3 A review of the docket indicates that the Master was appointed on May 3, 2002. calculated in accordance with the support guidelines. Little v. Little, 47 Cumberland L. J. 131 (1998). Before that calculation is made, however, a determination must be made as to the entitlement to the award. Clouse v. Clouse, 50 Cumberland L.J. 187 (2001). To be entitled to an award of APL, a claimant must show that APL is needed to adequately prosecute or defend the divorce action. Litmans v. Litmans, supra. The purpose of APL is to prevent one spouse from being financially disadvantaged during the pendency of the action as compared to the other. Powers v. Powers, 615 A.2d. 459 (Pa. Super. 1992). Traditionally the fact that one spouse may earn less than the other does not automatically entitle him or her to an award of APL. Sutliff v. Sutliff, 474 A.2d. 599 (Pa. Super. 1984), overruled on other ,qrounds, Rosen v. Rosen, 549 A.2d. 581 (Pa. Super. 1988). In determining whether an award of APL is appropriate in a case, the trier of fact may consider the husband's ability to pay, the separate estate and income of the wife, and the character, situation, and surroundings of the parties. Orr v. Orr, 461 A.2d. 850 (Pa. Super. 1983). In this case the Defendant's net monthly income is $2,660.00 from which he pays $514.00 a month in child support. He is paying the mortgage and taxes on the jointly owned home, one of the primary marital assets. The Plaintiff was earning $1,000.00 bi-weekly with Cumberland-Goodwill Fire Rescue when she voluntarily left that job and accepted a job with Select Medical Corporation paying $840.00 bi-weekly. Although she testified that she was concerned over her job security, she presented no testimony that her job with the fire rescue company was in jeopardy. "Where a party voluntarily assumes a lower-paying job, there generally will be no effect on the support obligation." Rule 1910.16-2(d)(1 ). Consequently for the purposes of this APL action, the Plaintiff will be imputed with the earnings she had with the fire rescue company before voluntarily leaving that job. The Plaintiff also earned the sum of $1,740.00 through April 13, 2002, working on call for the H & R Block Tax Services. This amount will be annualized and averages $145.00 per month over the course of a year.4 The gross monthly income/earning capacity of the Plaintiff is $2,312.00 from both sources. Her net monthly income is $1,945.00.5 The Defendant argues that the Plaintiff has not shown an adequate need for an award of APL. Considering her expenses as set forth on Plaintiff's Exhibit 1, she has shown a need for $2,590.00 per month on average to cover her monthly bills. Her net monthly income/earning capacity of $1,945.00 when 4 Although the Plainliff~ s employment by H & R Block was introduced by counsel for the Defendant, he failed to explore whether the Plainliff earned anything after April 13, 2002, from that employer. Support orders for seasonal employees are ordinarily based upon a yearly average. Rule 1910.16-2(d)(3). The income from H & R Block will be viewed as seasonal, i.e. "tax season" before April 15, and, therefore, allnnnlized. s See Exhibit A for tax deductions. added to the $514.00 per month child support award totals $2,459.00. She has shown a need of $131.00 per month. The Defendant argues further that the Plaintiff is not entitled to an award of APL because she has "refused to move the divorce proceedings forward.''s VVhile it has been held that an order of alimony pendente lite is intended to cover only that pedod of time that the proceeding may, with due diligence, be prosecuted to conclusion, Belsk¥ v. Belsk¥, 175 A.2d. 348 (Pa. Super. 1961 ), this divorce complaint was only filed in December, 2001. Economic issues are unresolved and a Master has been appointed, albeit at the request of the Defendant. Under the circumstances it cannot be said that the Plaintiff has been so dilatory in her conduct as to constitute a forfeiture of her claim for APL. Reviewing the expenses of the Defendant as submitted on Defendant's Exhibit 9, it would appear that the Defendant's net monthly income less his monthly child support still exceeds his monthly expenses.' After a careful review of all the testimony, it would appear that the Plaintiff is entitled to an award of alimony pendente lite to be calculated in accordance with the support guidelines. A recommendation will be made that the Defendant pay the sum of $60.00 per month effective March 21, 2002.8 RECOMMENDATION Ao The Defendant shall pay to the State Collection & Disbursement Unit for transmission to the Plaintiff as alimony pendente lite the sum of $60.00 per month. The Defendant shall pay to SCDU the additional sum of $10.00 per month on arrearages until paid in full. C. The effective date of this order is March 21, 2002. Date Michael R. Rundle Support Master 6 See Defendant's Demand for Hearing. 7 In his oral testimony, the Defendant corrected thc $571.44 per month mortgage expease. The appropriate figure should be $444.00 per month. s See Exhibit B for calculaQon of APL. In the Court of Common Pleas of Cumberland County, Pennsylvania Plaintiff Name: Brenda S. Fahnestock Defendant Name: E, J. Fahnestock Docket Number: 01-6934 Civil PACSES Case Number: 316104417 Other State ID Number: Tax Year: 1. Fling Status Married Filing Head of Separately Household 2. Who Claims the Exemptions Obligee 3. Number of Exemptions 1 2 4. Monthly Taxable Income $3,648.16 $2,311.67 5. Deductions Method 6. Deduction Amount $327.08 $575.00 7. Exemption Amount $250.00 $500.00 8. Income MINUS Deductions and Exemptions $3,071.08 $1,236.67 9. Tax on Income $570.69 $143.83 10. Child Tax Credit - $41.67 11. Manual Adjustments to Taxes . 12. Federal Income Taxes $570.69 $102.16 12 a. Earned Income Credit . 13. State Income Taxes $102.15 $64.73 14. FICA Payments $279.09 $176.84 15. City Where Taxes Apply --Select-- 16. Local Income Taxes $36.48 $23.12 TOTAL Taxes $988.41 $366.85 SupportCalc 2002 Exhibit "A" Part IV SPOUSAL SUPPORT OR APL with Dependent Children 12. Obligor's Monthly Net Income $2,660 13. Less Obligor's support, alimony (-0-) pendente lite or alimony obligations, if any, to children or former spouses who are not part of this action 14. Less Obligee's Monthly Net Income (1,945) 15. Difference 715 16. Less Obligor's Total Child Support 514 Obligation 17. Difference 201 18. Multiply by 30% x.3 19. AMOUNT OF MONTHLY SPOUSAL SUPPORT OR APL $60 Exhibit "B" In the Court of Commo~l Pleas of Co-nty, Penn,sylvania Phone: Plaintiff Name: Defendant Name: Docket Number: PACSES Case Number: Other State ID Number: Please note: All correspondmce mast include the PACSES Case Number. Income and Exoense Statement THIS FORM MUST BE FILLED OUT (If you are self-employed or if you are salaried by a business of which you are owner in whole or pa~t, you must also fill out the Supplemental Income Statement which appears on page two of this iacome and expense statement.) INCOMESTATEMENTOF fire d, - S. F,Jqnes%e.,k- Section I: Income and Insurance INCOME: Employer Add~ess Typ~ of Work ~',,/ /7o Payroll No. Gross Pay per Pay Period $ ~0. O0 Pay Period (wkly., bi-wkly., etc.) Itemized Payroll D~ductions: ~ede~ W~hold~ $ Ioo.oq Social Securit~ $.~. ~ ~al Wa~e Tax S~m ~ Tax $ ~.~ ~t~m $ ~ Saves ~nds $ C~di Union $ ~ Life ~nn~ $ ~ He~ ~ $ O~er~ductio~(~ci~) ~ S I,~9 ~6~d~,. S~.,q~ Net Pay p~r Pay Period OTHER INCOME Dividcnds Per. ion Annuity Social Security Rents Royalties Expcnse Account Gills TOTAL TOTAL INCOME (Fill La Appropriate Colnrnn) WEEK MONTH YEAR $ $ PROPERTY OWNED Checking Accounts Savings Accounts Credit Union Stocks/Bonds l~al E.sta~ DESCRIPTION VALUE TOTAL ] $ * H =Husband; W-Wife; J =Joint Ownership * Set. ice Type PLAINTIFF'8 ~ Income ~,rl Expense Statement PACSES Case Number Coverage * INSURANCE COMPANY POLICY# H W C Hosoi~al OtherBlUe Cross ~'~ -~ , Medical V/ Blue Shield ,. t~ Hcalth/Aceidcnt * H=Husband; W=Wife; C =Child Section H: Supplemental Income Statement This form is to be f'dled out by a pec'~on [] (1) who operates a business or practices a profession, or [] (2) who is a member of a partne~sh¥ or joint venture, or [] (3) who is a sha~holder in and is salaried by a closed cotporatinn or similar entity. Attach to ~is statemeut a copy of the following documents relating m the pa_,inet'ship, joint venture, business, profi~ssinn, corporation or similar ent~,: (1) the most recent Federal Income Tax Return, and (2) Ihe most recent Prof',* and Loss Statement c. Name of business: Address and ~lephoue number: d. Nature of business (check one) [] (I) partnership [] (2) joint venture [] O) profession [] (4) closed co~poratinn [] (5) other e. Namo of accountant, controller or other person in charge of fmanclal records: Annual income from business: (1) How often is income recelvcd? (2) Gross income per pay period: (3) Net income per pay period: (4) Specified deductions, if any: Page 2 of 3 Form IN-008 Service Type Worker ID Income aod Expense Statement PACSES Case Number Section ITl: Expenses Instructions: Only show exttaorcl!rmry expenses in thia section unless you filled out Section II on page two. The categories in BOLD FONT are especially importmlt for calculating ekild support. If you are requesting Spousal Support/APL or if you assert yoltr case cannot be determined accordln~ to the guideline grids or formula, this section must be fully completed. (Fill in Appropriate Column) EXPENSES WEEK MONTH YEAR Homo Mo.ga~/Ren, S S qrl5 s 5'100 Utilities Electric S S $ Oil 'palephons Water Sewer I~-molovment t~.~h q~) I1~1~ Iqa0 Taxes Real estate $$ $ Insurance Ho.,o,,=e. SS Automobile Life Automobile Paym~ ssP~iol~';) s q~g.qq Medical Doctor $$ $ Orthodontist Hospital M~ ~-~0 orthouedic devicesl Total Expenses: (Fill in A~propriate Column) EXPENSES (continued) WEEK MONTIt YEAR Education Private School $ $ $ Parethial School College Religious Personal Clothln~ S S $ · ~ooa IOt~ Barber/ Hairdresser Credit Payments C.di~Ca~ I I Ca I~0 Charg~ Memberships Loans Cz~dit Union $ $ Household Help $ $ $ Child cnre Papers/books Ma.azims ~0~ Vacation Git~ L~gal fees q Charitable Contributions Other Child .Mtm0~y Pavments othe~ MONTH AR I verify that the statements made in ~ Income and Expense Statement are true and correct. I understand that false statements herein are subject to the criminal penalties of 18 Pa. C+_S. § 4904, relating to u~s. w,0rn falsification to auglaziges. Page 3 of 3 Form IN-008 Service Type Worker ID Select Medical Corporation June 27, 2002 To Whom It May Concern: Starting July 19, 2002, Brenda Fahnestock, will have benefit deductions come out of her paycheck. $1.77 will be deducted for her dental insurance, $25.83 for health insurance, $3.46 for supplemental life insurance, and $6.99 for voluntary short-term disability. Her total bi-weekly benefit deduction will be $38.05. If you have any questions, please comact me at 717-972-1355. Sincerely, Rebecca L. Ressler HR Operations Assistant 4716 Old Gettysburg Road PLAINTIFF'S [ EXI-IIBff I P.O. Box 2034 Mechanicsburg, PA 17055 (717) 972-1100 Fax (717) 972-1042 www. selectmedicalcorp, corn M~Y-08-02 NED 03:46 PM CUMB CTY DRO Ffl× NO, 717 240 6248 P, O1 6 7 8 9 10 11 12 13 15 16 17 18 19 2O 21 22 23 24 25 3 4 A And that varies. Sometimes it's 11 to 4. Sometimes it's 4 to 9. It all depends. Q And how much does she make? A I don't know how much she makos an hour. Q What does she do with her money? A She uses it for the things she wants. I don't ask hat what she spends her money on. Q She failed llth grade, didl],t sh~? A H~r and -- I held her back. Her and I had a discussion, and we thought it was in her beat interest to hold her back. Q Rave you not done any work preparing income tax returns for anybody? A Ko. Q E~O you agree that your husband works full-time at Daily Express? A As far as I know, yes. MR. SNADE: THE MASTER: M~. O'BRIEN. THE MASTER: I have nothing further. Any redirect? No. Just to clarify that last 27 H & R BLOCK BRENDA FAH~IESTOCK 36 W POMFRET ST CARLISLE, PA 17013 184..48-3074 Used / Available Sick 0.00 / 0.00 Vac 0.00 / 0.00 H&R BLOCK 305 U.S. RT. 15 SOUTH P.O. BOX 400 DILLSBURG, PA 17109 Hourly (41.75(~$10.00) Federal Withholding Social Security Employee Medicare Employee PA - Withholding I% Local 4/19/2002 417.50 -36.00 -25.88 -6.06 -11.69 -4.18 1775 1,730.00 -134 00 -107.26 -25.09 -48.44 -17.31 03/31/2002 - 04/13/2002 333.69 In the Court of Common Pleas of Cumberland County, Pennsylvania DOMESTIC RELATIONS SECTION P.O. BOX 320, CARLISLE, PA 17013 Phone: (717) 240-6225 Fax: (717) 240-6248 Date: July 2, 2002 Plaintiff Name: Brenda S. Fahnestock Defendant Name: Ellis J. Fahnestock Docket Number: 01016 S 2001 PACSES Case Number: 257104055 Other State ID Number: Please Note: ~_ll corres~onde~ce must include t-he PACSES Case ~r Income and E~pense Statement THIS FORM MUST BE FILLED OUT (If you are self-employed ou if you are salaried by a business of which you are owner in whole or in part, you mu.st also fill out the Supplemental Income Statement which appears on the last page of this income and expense statement.) INCOME STATEMENT OF ELLIS J. FAHNESTOCK I verify that the statements made in this Income and Expense Statement are true and correct. I understand ~hat false statements herein are subject to the criminal penalties of 18 Pa.C.S. ~4904, relating to unsworn falsification to authorities. Date INCOME Employer: Address: Type of Work: Mechanic Payroll No. Gross Pay per Pay Period $ Itemized Payroll Deductions: Federal Withholding $ Ellis J. Fahnestock Daily Express, Inc. 1072 Harrisburg Pike, Carlisle, PA 17013 -- Pay Period (wkly., bi-wkly., etc.) State Income Tax $ Credit Union $ Other Deductions (specify} Social Security $ Retirement $ Life Insurance $ $ Local Wage Tax Savings Bonds Health Insurance Net Pay per Pay Period $ Service Type M Form IN-008 Worker ID 21202 Income and Expense Statemen: PACSES Case No. OTHER (Fill in Appropriate Column) INCOME WEEK MONTH YEAR Interest Dividends Pension Annuity Social Security Rents Royalties Expense Account Gifts Unemployment Compensation Workmen' s Compensation IRS Refund Other Other TOTAL TOTAL INCOME {Fill in Appropriate Column) EXPENSES WEEK MONTH YEA~ Home: Mortgage/Rent 571. 44 Maintenance 50.00 Utilities Electric 57.31 Gas 1.32 Oil 154.00 Telephone 51. 18 Page 2 of 6 Service Type M Form IN-008 Worker ID 21202 Income and Expense Statemenn PACSES Case No. {Fill in Appropriate Column) EXPENSE S WEEK MONTH YEAR (continued) Water/Sewer 39.25 Employment: Public Transportation Lunch 1 0 0.0 0 Taxes: Real Estate 161. 45 Personal Property I n come Insurance: Homeowners 21. 50 Automobile 35.16 Life 33.50 Accident Health Other - Motor Home 38. 58 Automobile: Payments Fuel 80.00 Repairs Medical: Doctor Dentist 81.25 Orthodontist Page 3 of 6 Form IN-008 Service Type M Worker ID 21202 Income and Expense Statemenn PACSES Case No. (Fill in Appropriate Column} EXPENSES WEE~ MONTH ( continued) YEAR Hospital Medicine Special needs (glasses, braces, 12.33 orthopedic devices) Education: Private School Parochial School College Religious Personal: Clothing 50.00 Food 250.00 Barber/Beautician 15.00 Memberships Loans: Miscellaneous: Household Help Child Care Papers/Books/ ~ Magazines 15. 00 Entertainment ~ 30.00 Pay TV ~ 34. 69 Vacation ~~ 50.00 Page 4 of 6 Form IN-008 Service Type M Worker ID 21202 Income and Expense Statemenu PACSES Case No. (Fill in Appropriate Column) EXPENSE S WEEK MONTH (continued) YEAR Gifts 30.00 Legal Fees 200.00 Charitable Contributions Other Child Support Alimony Payments Other: TOTAL EXPENSES $2, 162. 96 PROPEKTX OWNED DESCRiPTiON VALUE H W J Checking Accounts M&T Bank 1, 600.00 X Savings Accounts Members 1st 800. 00 X Credit Union Bonds Frozen Bond Fund 29,453.84 X Real Estate House 80, 000. 00 X Other Vanguard 128,528.19 X Motor home 25, 000. 00 X TOTi~_L 265,382.03 INSURANCE COMPANY POLICY # H W C Hospital Blue Cross/Blue Shield QBN 179447748 X X X Blue Cross Other Medical Blue Shield Other H Husband w - w~ o ..... Service Type M - Combined J - Joint Page 5 of 6 Form IN-008 Worker ID 21202 Income and Expense Statemenz PACSES Case No. INSURANCE COMPANY POLICY # H W C Health/Accident Disability Income Dental Other H - Husband W - Wife C - Combined J - Joint SUPPLEMENTAL INCOME STATEMENT a0 This form is to be filled out by a person (1) who operates a business or practices a profession, or (2) who is a membez of a partnership or joint venture, or (3) who is a shareholder in and is salaried by a closed corporation or similar entity. bo Attach to this statement a copy of the following documents relating to the partnership, joint venture, business, profession, corporation or similar entity: (1) the most recent Federal Income Tax return, and (2) The most recent Profit and Loss Statement Name of business: Address and telephone number: Nature of business (check one) (1) partnership (2) joint venture (3) profession (4) closed corporation (5) other Name of accountant, controller or other person in charge of financial records: f. Annual income from business: (1) How often is income received? (2) Gross income per pay period: (3) Net income per pay period: (4) Specified deductions, if any: Page 6 of 6 Form IN-008 Service Type M Worker ID 21202 ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT ~/. /~/& $ ~/ State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 08/26/o2 Court/Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number DAILY RWPRESS INC E mployerA,Vithholder's Name PO BOX 39 E mployerANithholder's Address CARLISLE PA 17013-0039 RE: FAHlqESTOCK, RT,T,IS J. Original Order/Notice Amended Order/Notice O Terminate Order/Notice EmpJoyee/Obligor's Name (Last, First, MI) 179-44-7748 Employee/Obli§or's Social Security Number 0462100897 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. $ 574.00 per month in current support · $ 46 . 00 per month in past-due support Arrears12 weeks or greater? Oyes (~) no $ 0.00 per month in medical support $ o. oo per month for genetic test costs $ per month in other (specify) for a total of $ 620.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 143.08 per weekly pay period. $ 286.3.5 per biweekly pay period (every two weeks). $ 310.00 per semimonthly pay period (twice a month). $ 620.00 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 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 pg. 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PA YMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BYTHE COURT: Date of Order: Service Iype M OMB NO.: 0970-0154 iration Date: 12/31/00 Form EN-028 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. 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. .... ~_._,.~ .... ,...,.,.L_,~ ...... ~-- ~ ........~- ....................'-~-'~ · ....'-- ~,,,~,,~,y~ ~ ,,,~. You must comy w~th 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. WITHHOLDER'S ID: 2315303.230 EMPLOYEE'S/OBLIGOR'S NAME: FAI-I~BS~'O(2t( ~ EMPLOYEE'S CASE IDENTIFIER: 046210089'7 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or aUthority below. 7. Liability: if you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S:C. § 1673 (b)l; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. 10. *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. Requesting Agency: DOMESTIC RELATIONS SECTION 1~ N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 If youor your employee/obligor have any questions, contact WAGE A~I-ACHME NT U N IT by telephone at (717) 240-6225 by FAX at ~)~c(~z.~]~ or by I nternet @ or Page 2 of 2 OMB NO.: 0970-0154 Expiration Date: 12/31/00 Form EN-028 Service Type I*I Worker ID STA~'~ ADDENDUM Summary of Cases on Attachment Defendant/Obligor: FA_.q/qESTOCK, ELLIS J. PACSES Case Number 257104055/,~/~~4~' Plaintiff Name BRENDA S. FA--ql~ESTOCK Docket Attachment Amount 01016 S 2001 $ 550.00 Child(ren)'s Name(s): DOB PACSES Case Number 316104417/~'/~'~.~, Plaintiff Name BRENDA S. FAHNESTOCK Docket Attachment Amount 01-6934 CIVIL $ 70.00 Child(ren)~s Name(s): DOB [] If checked you are requ red to enroll the child(ren) identified above in any hea th nsurance coverage availab e through the employee's/obligor's employment. r-ilf checked, you are required to enroll the child(ten) dentified above in any health insurance coverage available through the employee's/ob igor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name pocket Attachment Amount $ o.oo Child(ren)'s Name(s): DOB [] f checked, you are required to enroll the child(ren) identified above in any health insurance coverage ava lable through the employee's/obligor's employment. [] if checked, you are required to enroll the child(ten) ident f ed above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.o0 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): DOB [] If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. [] If checked, you are required to enroll the child(ren) dent fled above in any health insurance coverage available through the employee's/obligor's emp oyment. Service Type M Addendum OMB NO.: 0970-0154 Expiration Date: 12/31/00 Form EN-028 Worker ID SZATT ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 09/02/02 Court/Case Number (See Addendum for case summary) EmployerANithholder's Federal EIN Number DAILY EXPRESS INC E mployer/Withho~der's Name PO BOX 39 E mployerANithholder's Address CARLISLE PA 17013-0039 RE: FAH19'ESTOCK, ELLIS J. C) Original Order/Notice Amended Order/Notice Terminate Order/Notice Employee/Obligor's Name (Last, First, MI) 179-44-?748 Employee/Obligor's Social Security Number 046210089'7 Emptoyee/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. $ 574. oo per month in current support $ 36. oo per month in past-due support Arrears 12 weeks or greater? C)yes (~) no $ o. oo per month in medical support $ o. oo per month for genetic test costs $ per month in other (specify) for a total of $ 610.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 140.77 per weekly pay period. $. 281.54 per biweekly pay period (every two weeks). $ 305. oo per semimonthly pay period (twice a month). $ 610. 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 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 pg. 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. Date of Order: ~O g ~00~ BY THE CO~HL'T'~ - i;~ Form EN-028 Service Type M 40.:097(A0154 Worker ID $IATT .... ..__~,~"1~'~ Expir~tlnn l~.,~e: 12/31/00 ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS [] If checked you are required to provide a copy of this form to your employee. 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. .............. · ............................................................................. ply fth ~,,~y,~,,,=,,,,, .... ,,,L,,,,~,,~,,,,~ ,~ L,,~ ~,o,= o~ .... ,,_,, ,,,,,~,,~,,, .... ,-,,L,,,,~,,, ,,~,,,, ,,,= =,,,~,,,~y~= ~ -o~. You must com with the law o e 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. WITHHOLDER'S ID: 23Z5301230 EMPLOYEE'S/OBLIGOR'S NAME: EMPLOYEE'S CASE IDENTIFIER: 0~-62~.00897 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.C. § 1673 (b)l; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. 10. *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. Req uesti ng Agency: 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 A'FFACHMENT UNIT by telephone at (717) 240-6225 by FAX at L~2~4c(~.~[~ or by Internet @ or Page 2 of 2 OMB NO.: 0970-0154 Expiration Date: 12/31/00 Form EN-028 Service Type t~ Worker ID ADDENDUM Summary of Cases on Attachment Defendant/Obligor: FAHNESTOCK, ELLIS J. PACSES Case Number 257104055 ./~/~.,.~"~ Plaintiff Name BRENDA S. F/~ESTOCK Docket Attachment Amount 01016 S 2001 $ 550.00 Child(ren)'s Name(s): DOB / PACSES Case Number 316104417/ ..~/~..~.~.~ Plaintiff Name Docket Attachment Amount 01-6934 CIVIL $ 60.00 Child(ren)'s Name(s): [] If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's emplgyment. DOB l-Ill checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB [] If checked, you are required to enroll the child(ten) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): DOB [] If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB [] if checked, you are required to enroll the child(ten) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB [] If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. Service Type M Addendum OMB NO.: 09700154 Expiration Date: 12/31/00 Form EN-028 Worker ID $IATT ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania ~,' ~0~)/- ~,/~z/ C"7/~'/~. Co./City/Dist. of CLTMBER~ /.,0/_,/~-~,~ ,~i ~ /~) Date of Order/Notice 01/03/03 Tribunal/Case Number (See Addendum for case summary) O Original Order/Notice Amended Order/Notice O Terminate Order/Notice Employer/Withholder's Federal EIN Number DAILY EXPRESS INC PO BOX 39 CARLISLE PA 17013-0039 RE:FAHNESTOCK, ELLIS J. Employee/Obligor's Name (Last, First, MI) 179-44-7748 Employee/Obligor's Social Security Number 0462100897 Employee/Obli§or'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 S,pport 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. $ 60. oo per month in current support $ o. 00 per month in past-due support Arrears 12'. weeks or greater? C) yes (~) no $ o. oo per month in medical support $ o. 00 per month for genetic test costs $ per month in other (specify) for a total of $ 60.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 13.85 per weekly pay period. $ 27.69 per biweekly pay period (every two weeks). $ 3 o. oo per semimonthly pay period (twice a month). $. 60. 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 #10 on pg. 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MALL. Date of Order: Service Type BY TH E.~4--~. ' . .1~. rm. E1~028 OMB NO.:0970-0154 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS [] If checked you are required to provide a copy of th s form to your emDIoyee. 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. We appreciate the voluntary compliance of Federally recognized Indian tribes, tribally-owned businesses, and Indian-owned businesses located on a reservation that choose to withhold in accordance with this notice. 2. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 3. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. ~oy~o~,~ ~, ,,,,,,,,~,u,,,~ ~ ,,,~ ~o~ ~,, ,,,,,~,, o,,,~,,~ ,,o~ ,,,,, ply ,,,~,~, ..... ,,,~ ~,,,,,~, wages. You must corn with the law ofthe state of the employee's/obli~or's principal place of employment with respe~ to the time periods within which you must implement the withholding order and fo~a~ the suppo~ payments. 5.* Employee/Obligor with Multiple Suppo~ Holdings: If there is more than one Orde#Notice to Withhold Income for Suppo~ a~ainst this employee/obligor and you are unable to honor all suppo~ Order/Notices due to Federal or State withholdin~ limits, you must follow the law of the state of employee's/obli~or's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See ~10 below) 6. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. WITHHOLDER'S ID: 2315301230 EMPLOYEE'S/OBLIGOR'S NAME: FAHNESTOCK, ELLIS J. EMPLOYEE'S CASE IDENTIFIER: 0462100897 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 7. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. §. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania state law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 10.* Withholding Limits: YoU may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit protection Act (15 U.S.C. §1673 (b)l; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. 11. Additional Info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. Submitted By: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 If you or your employee/obligor have any questions, contact WAGE A-I-rACHMENT UNIT by telephone at (717) 240-6225 or by FAX at 7[Z1DL~ or by internet www.childsupportstate.pa, us Service Type M Page 2 of 2 OMB No.: 09704)154 Form EN-028 Worker ID $IATT ADDENDU~M Summary of Cases on Attachment Defendant/Obligor: FAHATESTOCK, ELLIS J. PACSES Case Number 316104417 Plaintiff Name BRENDA S. FA~NESTOCK Docket Attachment Amount. 01-6934 CIVIL $ 60.00 Child(ren)'s Name(s): DOB [] If checked, you are required to enroll the child(ren) ident fled above in any health insurance coverage available through the employee's/ob igor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): DOB [] If checked, you are required to enroll the child(ren) ident fled above in any health insurance coverage available through the employee's/obi gor's employment. PACSES Case Number Plaintiff Name_ Docket Attach merit Amount. $ o.oo Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attach ment Amount $ o.oo ChiJd(ren)'s Name(s): DOB [] If checked, you are required to enroll the child(ten) ident fled above in any health insurance coverage available through the employee's/ob igor's employment. [] If checked, you are required to enroll the child(ren) ident fled above n any health insurance coverage availab]e through the employee's/ob igor's emp oyment. PACSES Case Number Plaintiff Name Docket Attach merit Amount. $ o.oo Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Nan~ Docket Attachment Amount $ o.oo Child(ren)'s Name(s): DOB [] If checked, you are required to enroll the child(ren) identif ed above in any health insurance coverage available through the employee's/obligor's employment. [] If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. Service Type M Addendum OMB No.: 0970-0154 Form EN-028 Worker ID $IATT BRENDA S. FAHNESTOCK, Plaintiff vs. ELLIS J. FAHNESTOCK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01 - 6934 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this ~ ~k_ day of ~~-~~, / 2003, the economic claims raised in the proceedings having been resolved in accordance with a property settlement and separation agreement dated February 5, 2003, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, cc: Robert L. O'Brien Attorney for Plaintiff Wayne F. Shade Attorney for Defendant WAYNE F. SHADE Attorney at Law 53 West Pomfxet Street Carlisle, Pennsylvania 17013 PROPERTY SETTLEMENT AND SEPARATION AGREEMENT THIS AGREEMENT, made this ,b"Z-d day of -7~~ , 2003, at Carlisle, Cumberland County, Pennsylvania, by and between E. JAMES FAHNESTOCK of 26 Chestnut Street, Mt. Holly Springs, Pennsylvania 17065 (hereina~er referenced as "Husband") AND BRENDA S. FAHNESTOCK of 36 West Pomfret Street, Carlisle, Pennsylvania 17013 (hereinafter referenced as "Wife"). ARTICLE I SEPARATION 1.01 Separation of Parties. Differences have arisen between the parties as a result of which they have been living separately and apart since August 16, 2000. 1.02 Intention to Live Apart. The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intention and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other and to settle all financial and property rights between them. ARTICLE II ENFORCEABILITY AND CONSIDERATION 2.01 Equitable Distribution of Marital Property. The parties have attempted to divide their marital property in accordance with the statutory rights of the parties and in a WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 ztanner which conforms to the criteria set forth in {}401 of the Pennsylvania Divorce Code, and taking into account the following considerations: Any prior marriages of the parties; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contributions of each party; the opportunity of each party for future acquisition of capital assets and income; the sources of income of each party, including, but not limited to, medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of marital property, including the contribution of each party as homemaker; the value of the property set apart to each party; the standard of living of the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective. The division of existing marital property is not intended by the parties to constitute in anyway a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all rights of equitable distribution of the parties. 2.02 Incorporation and Merger. This Agreement shall be incorporated but not merged in the decree of divorce contemplated herein. This Agreement shall survive any action for divorce and decree of divorce and, unless otherwise set forth herein shall -2- WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 forever be binding and conclusive on the parties; and any independent action may be brought, either at law or in equity, to enforce the terms of this Agreement by either Husband or Wife until it shall have been fully satisfied and performed. Any provisions herein conceming property rights, alimony and counsel fees shall not be modifiable. The considerations for this Agreement are the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed and admitted by the parties, and the parties intend to be legally bound hereby. 2.03 Agreement Predicated on Divorce. It is specifically understood and agreed, by and between the parties hereto and each of the said parties does hereby warrant and represent to the other, that the execution and delivery of this Agreement is predicated upon an agreement for institution and prosecution of an action for divorce. Nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; nor to prevent either party from defending any such action which has been, may or shall be instituted by the other party, nor from making any just or proper defense thereto. It is warranted, covenanted and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant and representation is made for the specific purpose of inducing Husband and Wife to execute the Agreement. Husband and Wife -3- WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 each knowingly and understandingly hereby waive any and all possible claims that this Agreement is, for any reason, illegal or for any reason whatsoever of public policy, unenforceable in whole or in part. Husband and Wife do each hereby warrant, covenant and agree that, in any event, he and she are and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. 2.04 Representation by Independent Counsel. Each of the parties are represented by independent counsel in the preparation and execution of this Agreement. Husband is represented by Wayne F. Shade, Esquire, and Wife is represented by Robert L. O'Brien, Esquire, of O'Brien, Baric &Scherer. ARTICLE III EQUITABLE DIVISION OF MARITAL PROPERTY 3.01 Equitable Division of Real Property. At the time of execution of this Agreement, Wife will execute a special warranty Deed transferring all of her right, title and interest in the marital real estate to Husband with a recited consideration of $82,000 and other good and valuable considerations. The Deed will be held in escrow by counsel for Wife pending payment to Wife of the sum of $30,000 in cash as part of her equitable distribution in the process of the refinancing of the mortgage against the real estate. Husband shall see to the refinancing of the mortgage by April 15, 2003. At closing on the refinancing of the existing mortgage, the Deed will be delivered to counsel for -4- WAYNE F. SHAD~ A~orney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 Husband upon payment of the aforesaid $30,000. There shall be no other escrow conditions upon delivery of the Deed. 3.02 Equitable Division of Personal Property. (a) Wife's grandfather's handsaw will be transferred to Wife upon execution of this Agreement. The childrens' belongings such as toys, games, keepsakes and the like will be transferred to the children in the future upon their request. All other furniture, household goods and other similar untitled personal property have been divided to the mutual satisfaction of the parties hereto, and each of the parties retains absolute ownership of such items in his or her possession or control at the date of this Agreement. The property shall be deemed to be in the possession or under the control of either party if, in the ease of tangible personal property, the item is physically in the possession or control of the party at the time of the signing of this Agreement and, in the case of intangible personal property, if any physical or written evidence of ownership, such as passbook, checkbook, policy or certificate of insurance or other similar writing is in the possession or control of the party, unless provided otherwise in this Agreement. (b) Wife's share of equitable distribution is agreed to be $114,825 plus 55% of the $2,223.45 in escrow from the proceeds of sale of the marital motor home for a total of $116,047.89. In addition to the aforesaid $30,000 in cash and the $4,200 in her retirement account, Wife will receive $81,847.89 in a tax-deferreit rollover from Husband's Daily Express profit sharing account under the terms of a Supplemental -5- WAYNE F. SHAD~ Attorney at Law 53 West Pomfrct Street Carlisle, Pennsylvania 17013 Decree in Divorce in the form of a Qualified Domestic Relations Order to be prepared by counsel for Husband and as ultimately approved by the Plan Administrator and the Court, a copy of which will be incorporated herein by reference as though fully set forth. (c) Husband will retain absolute ownership of all of the remaining marital property, including, without limitation, the balance of his Daily Express profit sharing account, Daily Express frozen bond fund, life insurance cash value and 1991 Jeep. (d) Except as otherwise set forth above, the parties will execute and deliver any documents necessary, at any time, to formally release their rights in or claims to the employee benefits, including without limitation, employee pension, stock, profit sharing and savings plans, if any, of the other. The parties acknowledge that the effect of this release is that he or she will not be entitled to any benefits whatsoever from the aforesaid employee benefits of the other. (e) The parties will, at any time, execute and deliver any documents necessary to formally release theirxights and all claims to any~life insurance of the other.. (f) Husband will see to the reproduction of any family photographs of which Wife would desire copies. Upon Wife's payment to Husband of half the expense of reproduction of the photographs, Wife will receive either the original or the copy of each reproduced photograph at her option. -6- WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 ARTICLE IV DEBTS OF PARTIES 4.01 Loans. Responsibility for the outstanding loan obligations of the parties is assigned, as follows: (a) Husband will make all reasonable efforts to refinance the mortgage on the marital real estate by April 15, 2003. (b) Wife will assume all obligations, if any are ever asserted by the lessor, with respect to the lease of the 2000 Oldsmobile automobile. 4.02 Unreimbursed Medical Expenses. Wife's claims against Husband for unreimbursed medical expenses for Sara, if any, under the previous child support order for Sara are preserved. . 4.03 Post-Separation Obligations. Each party represents to the other that, except as specifically set forth immediately above, there are no outstanding joint obligations of the parties and that since the separation neither party has contracted for any debts for which the other will be responsible. 4.04 Indemnification. Each party indemnifies and holds harmless the other for all obligations separately incurred or assumed under the provisions of this Agreement. 4.05 Bankruptcy. The respective duties, covenants and obligations of each party under this Agreement shall not be dischargeable by bankruptcy, but if any bankruptcy court should discharge a party of accrued obligations to the other, this Agreement shall -7- WAYNE F. SHAD~ Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 continue in full force and effect thereafter as to any duties, covenants and obligations accruing or to be performed thereafter. In the event that either party becomes a debtor in bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under state or federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor spouse, and the debtor spouse hereby assigns, transfers and conveys to the creditor spouse an interest in all of the debtor's exempt property sufficient to meet all obligations to the creditor spouse as set forth herein, including all attorney's fees and costs incurred in the enforcement of this paragraph or any other provisiOn of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of federal or state law to the contrary, and each party waives any and all right to assert that any obligation hereunder is discharged or dischargeable. The failure of any part)' to meet his or her obligations under any one or more of the paragraphs herein, with the excelbtion of the satisfaction of conditions precedent, shall not in any way void or alter the remaining obligations of either of the parties. -8- WAYNE F. SHADE At~rney at Law 53 West Pomfi'ct Street Carlisle, Pennsylvania 17013 ARTICLE V ALIMONY 5.01 Qualified Waiver. (a) Each of the parties waives alimony generally. However, any obligations assumed by the parties under this Agreement as to which benefits flow to the other spouse shall be payable as alimony for the purposes of enforcement and so as to constitute an exception to discharge in bankruptcy but will not be deductible by the payor or taxable to the payee for income tax purposes. (b) The Order of July 11, 2002, docketed to No. 01-6934 Civil Term in the Court of Common Pleas of Cumberland County, Pennsylvania, PACSES No. 316104417, for alimony pendente lite shall be terminated as of the dat6 issuance of a Decree in Divorce. ARTICLE VI COUNSEL FEES 6.01 Present Fees. In the event of amicable settlement of all marital issues and the entry of a Decree in Divorce pursuant to mutual consent within one hundred eighty (180) days from the date of this Agreement, each of the parties hereby assumes his and her own counsel fees up to and including the date of the Decree in Divorce. 6.02 Counsel Fees After Divorce. The parties agree with respect to counsel fees incurred after the divorce, as follows: -9- WAYNE F. SHADE Attorney at Law 53 West ?omfret Street Carlisle, Pennsylvania 17013 (a) In the event that future legal proceedings of any nature may be necessary for the interpretation or enlbrcement of this Agreement or any valid modifications hereof, the prevailing party shall be entitled to reasonable counsel fees incurred. (b) Reasonable counsel fees hereunder shall be defined as reasonable hours expended at the then hourly rate of counsel for the prevailing party. (c) Such counsel fees shall extend to any independent proceedings necessary to collect counsel fees or to enforce any other judgment or decree in connection with this Agreement. (d) Such counsel fees shall be payable as alimony so as to constitute an exception to discharge in bankruptcy but shall not be deductible by the payor or taxable to the payee for income tax purposes. ARTICLE VII GENERAL PROVISIONS 7.01 Income Tax Consequences. The parties have heretofore filed joint federal and state income tax returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be -10- WAYNE F. SHADE Atlomey at Law 53 West Pomfi'et Street Carlisle, Pennsylvania 17013 responsible for the deficiency or assessment. Except as otherwise set forth herein, any ~ncome tax incidents of any kind imposed by virtue of any transfers of assets or other payments required under this Agreement will be the responsibility of the transferee; 7.02 General Release of All Claims. Each party hereto releases the other from all claims, liabilities, debts, obligations, actions and causes of action of every kind that have been incurred relating to or arising from the marriage between the parties. However, neither party is relieved or discharged from any obligation under this Agreement or any other instrument or document executed pursuant to this Agreement. 7.03 Subsequent I)ivoree. Nothing herein contained will be deemed to prevent either of the parties from maintaining a suit for absolute divorce against the other in any jurisdiction based upon any past or future conduct of the other, nor to bar the other from defending any such suit. In the event any such action is instituted or concluded, the parties will be bound by all of the terms of this Agreement. 7.04 Waiver of Estate Claim. Except as otherwise herein provided, in the event of the death of either party hereto, each party hereby waives, releases and relinquishes any and all rights that he or she may have or may hereafter acquire as the other parties' spouse under the present or future laws of any jurisdiction, as follows: (a) to elect to take against the will or codicils of the other party now or hereafter enforced. (b) to share in the other parties' estate in cases of intestacy. Attorney al Law 53 West Pomfret SU'eet Carlisle, Pennsylvania 17013 (c) to act as executor or administrator of the other parties' estate. 7.05 No Debts and Indemnification. Each party represents and warrants to the other that he or she will not incur any debt, obligation or other liability, other than those already described in this Agreement, on which the other party is or may be liable. Each party covenants and agrees that if any claim, action or proceeding is hereafter initiated seeking to hold the other party liable for any other debt, obligation, liability, act or omission of such party or for any obligation assumed by a party hereunder, the party liable will, at his or her sole expense, defend the other against any claim or demand, whether or not well-founded, and that he or she will indemnify and hold harmless the other party in respect to all damages resulting therefrom. The obligation created hereunder will be payable as alimony so as to constitute an exception to discharge in bankruptcy. 7.06 Full Disclosure. Each party asserts that he or she has made a full and complete disclosure of all of the real and personal property of whatsoever nature and wheresoever located belonging in anyway to each of them, of all sources and amounts of income received or receivable by each party, and of every other fact relating in anyway to the subject matter of this Agreement. These disclosures are part of the considerations made by each party for entering into this Agreement. 7.07 Right to Live Separately and Free from Interference. Each party will live separately and apart from the other at any place or places that he or she may select. -12- WAYNE F. SHADE Attorney at Law 53 West Pomfre! Street Carlisle, Pennsylvania 17013 Neither party will molest, harass, annoy, injure, threaten or interfere with the other party in any manner whatsoever. Each party may carry on and engage in any employment, profession, business or other activity as he or she may deem advisable for his or her sole use and benefit. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned or hereafter acquired by the other. 7.08 Agreement Voluntary and Clearly Understood. Each party to this Agreement acknowledges and declares that he or she, respectively: (a) Is fully and completely informed as to the facts relating to the subject matter of this Agreement and as to the rights and liabilities of both parties. (b) Enters into this Agreement voluntarily after receiving the advice of independent counsel or, having had the opportunity to do so, having decided not to do so. (c) Has given careful and mature thought to the making of this Agreement. (d) Has carefully read each provision of this Agreement. -(e) Fully and completely understands each provision of this Agreement, both as to the subject matter and legal effect. 7.09 Compliance. The parties will execute and deliver any documents necessary to formally conclude any of their obligations under the terms of this Agreement to each other. Any failure of a party to execute and return to the other, within thirty (30) days of receipt, a document that is necessary to formally conclude any obligation under the terms of this Agreement shall be regarded as a material breach of this Agreement. -13- WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 7.10 Default. If either party fails in the due performance of any of his or her material obligations hereunder, the party not in default will have the right to act against the other, at his or her election, to sue for damages for breach hereof, or to rescind this Agreement or seek such other legal remedies as may be available to either party. Nothing herein shall be construed to restrict or impair either party in the exercise of this election. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any provision of this Agreement or of the right to require strict performance of any other obligations under this Agreement. 7.11 Amendment or Modification. This Agreement may be amended or modified only by a written instrument signed by both parties. 7.12 Law Governing Agreement. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania in effect at the date of execution hereof irrespective where in the world either or both of the parties hereto may reside, be domiciled or own property in the future. 7.13 Condition Subsequent. Concurrently with execution of this Agreement, counsel for Wife will prepare the required consents and waivers in the divorce proceedings that are pending between the parties. This Agreement is expressly contingent upon the parties' execution and filing of their mutual consents to divorce within ten (10) days from the date of this Agreement to such Divorce, which consents may not be revoked prior to issuance of a full and final Decree in Divorce. In the event -14- of failure or revocation of consent as required herein, this Agreement shall become null WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 and void. 7.14 Reconciliation. Irrespective of the reference in the title of this Agreement to marital separation, this Agreement is intended to be a postnuptial agreement. In the event of reconciliation, attempted reconciliation or other cohabitation of the parties hereto of short or long duration after the date of this Agreement, this Agreement shall remain in full force and effect in the absence of a written Agreement signed by both parties hereto expressly setting forth that this Agreement has been revoked or modified. Any attempted reconciliation which does not result in a written agreement signed by both parties hereto expressly setting forth that this Agreement has been revoked or modified shall not establish any additional marital rights or obligations as a result of the attempted reconciliation. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals, intending to be legally bound hereby, the' day and year first above written. Signed, Sealed and Delivered in the Presence of: - ~ ' EdJ;/ames F,d'hne~tock ~3re~da S.-Falmestock ~ (SEAL) (SEAL) -15- WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this, the O"'~ day of ) ) SS: )  2003, before me, the undersigned officer, personally appeared E. JAMES FAHNESTOCK, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA ) ) COUNTY OF CUMBERLAND ) Notary Public On this, the day of ,2003, before me, the undersigned officer, personally appeared BRENDA S.-FAHNESTOCK, known to' me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public -16- BRENDA S. FAHNESTOCK, Plaintiff VS. ELLIS J. FAHNESTOCK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-6934 CIVIL TERM IN DIVORCE CERTIFICATE OF SERVICE I, Robert L. O'Brien, Esquire, attorney for the Plaintiff in the above-captioned divorce action, do hereby certify that I served a certified copy of the Complaint in Divorce to the Defendant, as per the attached U.S. Postal Service Certified Mail, return receipt card. O'BRIEN, BARIC & SCHERER DATE: .~/Z') ,2003 Robert L. O'Brien, Esquire · Complete items 1,2, and 3. Also complete item 4 if ReStricted Delivery is desired. .q Print your` nah~e and address on the reverse so that we (;an return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: ~1 I'~ d. Fabn~srocl~- 2. Article Number (Copy from sen~ice label), 7000/~'7 o ogo__L~ 7 ~ I ...... qRl 1 .hdv 1999 YES, enter delivery address below: [] Agent [] Yes Mail [] Express Mail Registered [] Return Receipt for Merchandise [] insured M___~ai_~ ~ C.O.D. Restricted Delivery? (E~ Domestic Return Receipt 102595-00-M-0952 UNITED STATES POSTAL SERVICE First-Class Mail Postage & Fees Paid~ USPS Permit No. G-10 · Sender: Please print your name, address, and ZIP+4 in this box · o Bnen, ~3~nc '..: ,3-cheer BRENDA S. FAHNESTOCK, Plaintiff VS. ELLIS J. FAHNESTOCK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND, COUNTY, PENNSYLVANIA NO. 01-6934 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT, ACCEPTANCE OF SERVICE AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(C) of the Divorce Code was filed on December 10, 2001. 2. Defendant acknowledged receipt and accepted service of the Complaint on December 11, 2001. 3. The marriage of the Plaintiffand Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4. I consent to the entry of a final decree in divorce without notice. 5. 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. 6. 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. 7. I have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Brenda S. Fahnestock BRENDA S. FAHNESTOCK, Plaintiff Vo ELLIS J. FAHNESTOCK, Defendant · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYL~ · CIVIL ACTION - LAW · NO. 01-6934 CIVIL TERM · IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE COMMONWEALTH OF PENNSYLVANIA ) ) COUNTY OF CUMBERLAND ) SS;: A Complaint in Divorce under §3301 (c) of the Divorce Code with Notice of Availability of Counseling was filed on December 10, 2001, and served on December 11, 2001. WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 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 without notice· 4. I understand that I may lose rights concerning alimony, division of property, fees or expenses if I do not claim them before a divorce is granted. 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. o I have been advised of the availability ofma/viage counseling and of my right to counseling and understand that I may request that the Court require that my spouse and I participate in counseling. WAYNE F. SHADE Attorney at Law 53 West Po/nfl'et Stree~ Carlisle, Pennsylvania 17013 o I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 8. Being so advised, I do not request that the Court require that my spouse and I in counseling prior to a Divorce Decree's being handed down by the Court. 9. I verify that the statements made in this Affidavit are true and correct. I that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: February 5, 2003 Ell~ J. Fahtfesto~-~ BRENDA S. FAHNESTOCK, Plaintiff Vo ELLIS J. FAHNESTOCK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001- CIVIL TERM CIVIL ACTION-LAW IN DIVORCE ADDENDUM The parties to the Property Settlement And Separation Agreement dated February 5, 2003 between the parties is modified to remove Paragraph 3.02 (t), in reference to the family photographs. The parties agree that the equitable division of the family photographs will be retained by the Court and Divorce Master. E. <~a"mes Fahnestock -- S. FahnestocE BRENDA S. FAHNESTOCK, Plaintiff VS. ELLIS J. FAHNESTOCK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01 - 6934 IN DIVORCE _PRAECIPE TO TRANSMIT RE.CORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301 (C) of the Divorce Code. 2. Date and manner of service of the Complaint: Defendant acknowledged receipt and accepted service of the complaint on December 11, 2001. 3. (complete either paragraph (a) or (b).) A. Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by Plaintiff on February 13, 2003; and Defendant on February 5, 2003. B. (1) date of execution of the Plaintiff's Affidavit required by Section 3301(d) of the Divorce Code: (2) date of service of the Plaintiff's Affidavit upon the Defendant: Related claims pending: None. 5. Indicate date and manner of service of the notice of intention to file praecipe to transmit record, and attach a copy of said notice under section 3301 (d)(1)(i) of the Divorce Code: None. Date:_ ~/Z~/, ,2003 Respectfully submitted, Robert L.-O"Briek Esquire INTHE COURT OF COIVliViON Of CUMBERLAND COUNTY STATE OF ~~~. ~ PENNA BRENDA S. FAHNESTOCK PI ~ntiff VERSUS ~.LIS J. FAHNF~ Defendant No. 01 - 6934 PLEAS C1]~L DECREE IN DIVORCE , .~ IT IS ORDERED AND DECREED THAT BRENDA S. FAHNFSTOCK , PLAINTIFF, AND ELLIS j. FAHNESTOCK , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT rETAiNS JurisdictiON Of THE FOLLOWING cLaiMs WHICH HAVE BEEN raiSED OF RECORD iN THIS ACTION for WHICH A fINAL ORDER HAS NOT YET BEEN ENTERED,~~ THE PARTIES' MARITAL ~ A ~ IS INCORPORATED HEREIN AS A FINA~ ORDER OF OOURT, AND COURT RETAINS BY ATTEST: ~/~'~ PROTH J' ~ ONOTARY ORDER/NOTICE TO WITHHOLD INCOME FOR ~SUPPORT State (~ommonwealth of Pennsylvania Co./City/Dist. of C~tBERZ~I'D Date of OrdedNotice o¢/o9/os Tribunal/Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number DAILY EXPRESS INC PO BOX 39 CARLISLE PA 17013-0039 RE:FAHNESTOCK, O Original Order/Notice OAmended Order/Notice QTerminate Order/Notice ELLIS J. Employee/Obligor'sName(Last, First, MI) 179-44-7748 Employee/Obligor's Social Security Number 046210089'/ 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 C~.R~-D 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. 0o per month in current support $ o. 00 per month in past-due support Arrears 12 weeks or greater? Oyes (~ no $ o. oo per month in medical support $ 0.0o per month for genetic test costs $ per month in other (specify) for a total of $ 0.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ o. 00 per weekly pay period. $ 0.00 per biweekly pay period (every two weeks). $ 0.0o per semimonthly pay period (twice a month). $ o. 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 #10 on pg. 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PA YMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COU~T~"~ Form EN-'~28 Service Type I4 ~~ - s4 Worker ID STAT?. ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS [] Ifchecked you are required to provide a copy of th s form to youremDIoyee. If your emp oyee.w, or.ks in a state that is different from the state that issued this order, a copy must be provided to your employee even it the box is not checked. 1. We appreciate the voluntary compliance of Federally recognized Indian tribes, tribally-owned businesses, and Indian-owned businesses located on a reservation that choose to withhold in accordance with this notice. 2. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 3. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 4.* Repo~in§ t,,~ r ayucttc/t~cttc u, VV,UT~,U,U~,~. ~UH,U~t ,C~u~t t,,~ ~oyu~tclu~tc uI vwt~,l,u,ur,l~ vw,c~ ~c,,u,,,~ t,,~ ~y~[. T~e ~,, ...... ~ ......,,,~ ~,,,~,~ ~ wages. You must corn with the law of the state of the employee's/obligor's principal place of employment with respect to the time Deriods within which you must implement the withholding order and fo~ard the suppo~ payments. 5.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #10 below) 6. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. WITHHOLDER'S ID: 2315301230 EMPLOYEE'S/OBLIGOR'S NAME: FR_T-~I~.STOCK, ET,T,TS J. EMPLOYEE'S CASE IDENTIFIER: 0462'10089'7 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 7. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 8. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 10.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.C. §1673 (b)l; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. 1 1. Additional Info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. Submitted By: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA i 7013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at .(717) 240-6225 or by FAX at ~- or by internet www.childsupport.state, pa. us Service Type N Page 2 of 2 OMB No.: 0970-0154 Form EN-028 Worker ID $IATT In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION BRENDA S. FAHNESTOCK ) Docket Number Plaintiff ) vs. ) PACSES Case Number ELLIS J. FAHNESTOCK ) Defendant ) Off, er State ID Number 01-6934 CIVIL 316104417 ORDER AND NOW, to wit, on this 9TH DAY OF APRIL, 2003 IT IS HEREBY ORDERED that the support order in this case be C) Vacated or C) Suspended or (~) Terminated without prejudice or C) Terminated and Vacated, effective MARCH 14, 2003 , due to: THE PARTIES DECREE IN DIVORCE AND THEIR SETTLEMENT AGREEMENT. THERE IS A CREDIT OF $73.55. XC: RJ Shadday plaintiff defendant Robert O'Brien, Esquire Wayne Shade, Esquire BY THE COURT: JUDGE Service Type M Form 0E-504 Worker ID 21005 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Plaintiff vs. iSIl s ¥. Fc hnes c: _4 Defendant rile No. DI' lcqsq O 'C NOTICE TO RESUME PRIOR SURNAME IN DIVORCE Notice is hereby given that the Plaintiff/Defenda~: in ~:the above matter, having been granted a Final Decree in Divorce on. the .. 14~ day of ~A~ 2~O~ hereby elects to re~Ume ~he ': prior surname of ~3Q~ ~(~. ~). BOSi~ , an~,:--gi~s ~ this written notice pursuant to the provisions of 54 P.S. ~ 704.  S igna4t qrp ¢ Sis-nature ~E name bei~ r~sumed CO~O~EALTH OF PENNSYLVANIA: : SS. COUNTY OF C~BERLAND On the ~7~ day of ~7~ · Z~O,~, before me, a Notary Public, ~--- ~11¥ appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he/she executed the foregoing for the purpose therein contained. seal. In Witness Whereof, I have hereunto set my hand and official I Carlisle Boro, Cumberland County I ! My Commission Expires April 4, 2005 J WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Cat hsle, Pennsylvania 17013 BRENDA S. FAHNESTOCK, Plaintiff ELLIS J. FAHNESTOCK, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 01-6934 CIVIL TERM : : IN DIVORCE SUPPLEMENTAL DECREE IN DIVORCE AND NOW, this l~-.-'rlay of. ,2003, upon review of the record in the above-captioned matter, it is ordered and decreed in accordance with the Property Settlement and Separation Agreement between the parties, a copy of which is attached to the Decree in Divorce herein and which is incorporated herein by reference as though fully set forth, as follows: The purpose of this Order is to create and recognize the right of Alternate Payee under the Employee Retirement Income Security Act of 1974 and the Retirement Equity Act of 1984 to receive the designated portions of t~he benefits payable to Participant with respect to the Plan. The Plan to which this Order applies is the Daily Express, Inc. Employees Retirement & Profit Sharing Plan & Trust. Participant, E. JAMES FAHNESTOCK, also known as ELLIS J. FAHNESTOCK, whose last known mailing address is 26 Chestnut Street, Mt. Holly Springs, Pennsylvania 17065, and whose Social Security number is 179-44-7748 was born on July 12, 1955. WAYNE F. SHADE Alternate Payee, BRENDA S. BOYER, formerly BRENDA S. FAHNESTOCK, whose last known mailing address is 36 West Pom£ret Street, Apartment 2, Carlisle, Pennsylvania 17013, and whose Social Security number is 184-48-3074 was born on January 9, 1956. Alternate Payee is hereby awarded $81,847.:89 of the accrued benefits of Participant at date of distribution attributable to the marriage. The award shall be distributed to the IRA account #184-48-3074-10 of Alternate Payee at Members 1st Federal Credit Union, 5000 Louise Drive, Mechanicsburg, Pennsylvania 17055. The transfer shall be effected such that there will be no income tax impact upon Participant as a result of the transfer. This Order shall be administered and interpreted in all respects to comply with the pertinent requirements of the Internal Revenue Code, the Employee Retirement Income Security Act of 1974 and the Retirement Equity Act of 1984. The Court retains jurisdiction to amend this Order, but only for the purposes of supervision, enforcement and establishing or maintaining the qualification of the Order as a Qualified Domestic Relations Order under and in conformity with the aforesaid federal statutes. Participant is ordered to notify the Court and Alternate Payee at least sixty (60) days before receipt of any benefits from the Plan. -2- A certified copy of this Order shall be forthwith served upon the Plan Administrator. Said Order shall take effect immediately and shall remain in effect until further order of the Court. WAYNE Ic. SHADE Atlomey at Law 53 West Pomfret Stm¢l Carlisle, Pennsylvania This Order is a final Order. STIPULATED A~ND AGREED: E. ~ames Fafmestock Date: Brenda S. Boyer ~ Date: APPROVED AS TO FORM: Wayr~F. Shade, Esquire Attorney for Participant Date: O'BRIEN, BARIC & SCHERER By: Robert L. ID'Brien, Esquire Attorneys for Alternate Payee Date: Ellis J. Fahnestock -3-