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HomeMy WebLinkAbout01-0161 VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. b 1- 1t...1 ~ Ip- JOSEPH P. O'DONNELL, Plaintiff Defendant CIVIL ACTION - FAMILY DIVISION - DIVORCE CONNIE EBBY, 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 for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Courthouse Square, Carlisle, PA. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Court Administrator, 4th Floor Cumberland County Courthouse Courthouse Square Carlisle, PA 17013-3387 (717) 240-6200 JOSEPH P. O'DONNELL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 01- hI C.ivJ ., b-- CONNIE EBBY, CIVIL ACTION - DIVORCE Defendant TO THE HONORABLE JUDGES OF SAID COURT: AND NOW, comes Plaintiff, Joseph P. O'Donnell, by his attorney, Scott Alan Bly, Esquire, and files this complaint in Divorce, and in support thereof avers the following: COUNT I SECTION 3301(0) OF THE DIVORCE CODE 1. Plaintiff is Joseph P. O'Donnell, who currently resides at 1402 Timber Chase Drive, Mechanicsburg, Cumberland County, Pennsylvania and has resided there since on or about July 1, 2000. 2. Defendant is Connie Ebby, who currently resides at 4193 Nantucket Drive, Mechanicsburg, Cumberland County, Pennsylvania, since on or about June 1992. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on December 19, 1993 at New Cumberland, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 8. Plaintiff avers that neither Plaintiff nor Defendant is in the military service. 9. Plaintiff avers that there are no children of the parties under the age of 18. WHEREFORE, Plaintiff requests the court to enter a decree of divorce. COUNT II COMPLAINT UNDER SECTION 3301 (d) OF THE DIVORCE CODE (Alternative to Count I) 10. Plaintiff incorporates the allegations of every paragraph enumerated above of this Complaint as if said paragraphs were fully set forth here at length. WHEREFORE, Plaintiff requests the court to enter a decree of divorce. COUNT III EQUITABLE DISTRIBUTION 11. Plaintiff incorporates the allegations of every paragraph enumerated above of this Complaint as if said paragraphs were fully set forth here at length. WHEREFORE, Plaintiff requests the court to allocate equitable distribution between Plaintiff and Defendant. 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. . I J~DO~l' Plaintiff Date: 119101 Respectfully Submitted, 'c~,~~I!b Attorney for Plaintiff I.D. #71887 P.O. Box 341 Hershey, PA 17033 (717) 533-8315 PROOF OF SERVICE The undersigned certifies that a copy of the foregoing instrument was served upon the attorneys of record of all parties to the above cause, or parties of record if not represented by attorneys, by mailing same to them at their respective addresses as disclosed by the pleadi~~s of record herein with postage fully prepaid thereon on the 1 day of ~n~~i 2001. I declare that the statements above are true to the best of my knowledge, information and belief. Respectfully submitted, By: ~tr AOA Ii Scott Alan B~~ Attorney at Law P.O. Box 341 Hershey, PA 17033 (717) 533-8315 r Cl C~ f- i (, , \.0 -,.' (' -......: ~ ~ ~ , ~ ........ ---I '" - '" ~ ~\ '<1 "- c;, '-'\ ~ d. ~ 6 't:, ,\ e 'd --.. l .~ ~~ t- '- '" <> <> ~ " ~ 0 ~ JOSEPH P. O'DONNELL, plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 01 - 161 CIVIL CONNIE E. O'DONNELL, a/k/a,: CONNIE E. EBY, Defendant IN DIVORCE NOTICE OF PRE-HEARING CONFERENCE TO: Scott Alan Bly , Attorney for Plaintiff Samuel L. Andes , Attorney for Defendant A pre-hearing conference has been scheduled at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 30th day of June 2003, at 9:30 a.m., at which time we will review the pre-trial statements previously filed by counsel, define issues, identify witnesses, explore the possibility of settlement and, if necessary, schedule a hearing. Very truly yours, Date of Notice: 2/20/03 E. Robert Elicker, II Divorce Master .' JOSEPH P. O'DONNELL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 01-161 Civil Term Defendant CIVIL ACTION - FAMILY DIVISION - DIVORCE CONNIE EBBY, 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 for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Courthouse Square, Carlisle, PA. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Court Administrator, 4th Floor Cumberland County Courthouse Courthouse Square Carlisle, PA 17013-3387 (717) 240-6200 JOSEPH P. O'DONNELL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 01-161 Civil Term CONNIE EBBY, CIVIL ACTION - DIVORCE Defendant AMENDED COMPLAINT IN DIVORCE TO THE HONORABLE JUDGES OF SAID COURT: AND NOW, comes Plaintiff, Joseph P. O'Donnell, by his attorney, Scott Alan Bly, Esquire, and files this amended complaint in Divorce, and in support thereof avers the following: COUNT I SECTION 3301(0) OF THE DIVORCE CODE 1. Plaintiff is Joseph P. O'Donnell, who currently resides at 1402 Timber Chase Drive, Mechanicsburg, Cumberland County, Pennsylvania and has resided there since on or about July 1, 2000. 2. Defendant is Connie Ebby, who currently resides at 4193 Nantucket Drive, Mechanicsburg, Cumberland County, Pennsylvania, since on or about June 1992. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on December 19, 1993 at New Cumberland, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 8. Plaintiff avers that neither Plaintiff nor Defendant is in the military service. 9. Plaintiff avers that there are no children of the parties under the age of 18. WHEREFORE, Plaintiff requests the court to enter a decree of divorce. COUNT II COMPLAINT UNDER SECTION 3301 (d) OF THE DIVORCE CODE (Alternative to Count I) 10. Plaintiff incorporates the allegations of every paragraph enumerated above of this Complaint as if said paragraphs were fully set forth here at length. WHEREFORE, Plaintiff requests the court to enter a decree of divorce. COUNT III SECTION 3301(a) OF THE DIVORCE CODE (Alternative to Counts I and II) 11. Plaintiff is Joseph P. O'Donnell and Defendant is Connie Ebby and neither party is a minor or incompetent. 12. Plaintiff currently resides at 1402 Timber Chase Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 13. Nantucket 17055 and Defendant is Connie Ebby, who currently resides at 4193 Drive, Mechanicsburg, Cumberland County, Pennsylvania has resided there since on or about June, 1992. 14. Plaintiff has been a bona fide resident in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 15. The Plaintiff and Defendant were married on December 19, 1993 at New Cumberland, Cumberland County, Pennsylvania. 16. This action is based on Fault Grounds 3301 (a) (3) Cruel and barbarous treatment, in that such cruel and barbarous treatment has endangered the life or health of the injured and innocent spouse (Plaintiff) . 17. There have been no prior actions of divorce or for annulment between the parties. 18. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 19. Plaintiff avers that neither Plaintiff nor Defendant is in the military service. 20. Plaintiff avers that there are no children of the parties under the age of 18. WHEREFORE, Plaintiff requests the court to enter a decree of divorce. COUNT IV SECTION 3301 (a) OF THE DIVORCE CODE (Alternative to Counts I, II, and III) 21. Plaintiff is Joseph P. O'Donnell and Defendant is Connie Ebby and neither party is a minor or incompetent. 22. Plaintiff currently resides at 1402 Timber Chase Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 23. Nantucket 17055 and Defendant is Connie Ebby, who currently resides at 4193 Drive, Mechanicsburg, Cumberland County, Pennsylvania has resided there since on or about June, 1992. 24. Plaintiff has been a bona fide resident in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 25. The Plaintiff and Defendant were married on December 19, 1993 at New Cumberland, Cumberland County, Pennsylvania. 26. This action is based on Fault Grounds 3301 (a) (6) Indignities, in that there are such indignities to the innocent and injured spouse (Plaintiff) as to render Plaintiff's condition intolerable and life burdensome. 27. There have been no prior actions of divorce or for annulment between the parties. 28. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 29. Plaintiff avers that neither Plaintiff nor Defendant is in the military service. 30. Plaintiff avers that there are no children of the parties under the age of 18. WHEREFORE, Plaintiff requests the court to enter a decree of divorce. COUNT V EQUITABLE DISTRIBUTION 31. Plaintiff incorporates the allegations of every paragraph enumerated above of this Complaint as if said paragraphs were fully set forth here at length. WHEREFORE, Plaintiff requests the court to allocate equitable distribution between Plaintiff and Defendant. 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. ~~~~on~, Pl"intHf Date: 11~"( Respectfully Submitted, sco~t~~ll;J Attorney for Plaintiff I.D. #71887 P.O. Box 341 Hershey, PA 17033 (717) 533-8315 PROOF OF SERVICE The undersigned certifies that a copy of the foregoing instrument was served upon the attorneys of record of all parties to the above cause, or parties of record if not represented by attorneys, by mailing same to them at their respective addresses as disclosed by the pleadi~~ of record ~rein with postage fully prepaid thereon on the \'V' day of ~fnIt 2001. I declare that the statements above are true to the best of my knowledge, information and belief. Respectfully submitted, By: ~\\v.~ scotQ~lan ~~y Attorney at Law P.O. Box 341 Hershey, PA 17033 (717) 533-8315 . , 0 0 0 c: -'q . t_ -~ ;fit" J,':.'. 0' x: Z:~_ ' ~''l1 "V1' - "1 \~~J .- ');;.. 0:0 ::.:~, '~<\~}, ~U -0 ..,.- -';' ~ ~8 =!oi;', ~~:~c ~ "-fA ~C 0 -~ ~ - ?i N JOSEPH P. O'DONNELL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 01-161 Civil Term CONNIE EBBY O'DONNELL, Defendant CIVIL ACTION - FAMILY DIVISION - 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 for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Courthouse Square, Carlisle, PA. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Court Administrator, 4th Floor Cumberland County Courthouse Courthouse Square Carlisle, PA 17013-3387 (717) 240-6200 JOSEPH P. O'DONNELL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 01-161 Civil Term CONNIE EBBY O'DONNELL, Defendant CIVIL ACTION - DIVORCE AMENDED COMPLAINT IN DIVORCE TO THE HONORABLE JUDGES OF SAID COURT: AND NOW, comes Plaintiff, Joseph P. O'Donnell, by his attorney, Scott Alan Bly, Esquire, and files this amended complaint in Divorce, and in support thereof avers the following: COUNT I SECTION 3301(c) OF THE DIVORCE CODE 1. Plaintiff is Joseph P. O'Donnell, who currently resides at 1402 Timber Chase Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050, and has resided there since on or about July 1, 2000. 2 . resides County, Defendant is Connie Ebby O'Donnell, who currently at 4193 Nantucket Drive, Mechanicsburg, Cumberland Pennsylvania 17055, since on or about June 1992. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on December 19, 1993 at New Cumberland, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 8. Plaintiff avers that neither Plaintiff nor Defendant is in the military service. 9. Plaintiff avers that there are no children of the parties under the age of 18. WHEREFORE, Plaintiff requests the court to enter a decree of divorce. COUNT II COMPLAINT UNDER SECTION 3301 (d) OF THE DIVORCE CODE (Alternative to Count I) 10. Plaintiff incorporates the allegations of every paragraph enumerated above of this Complaint as if said paragraphs were fully set forth here at length. WHEREFORE, Plaintiff requests the court to enter a decree of divorce. COUNT II I SECTION 3301(a) OF THE DIVORCE CODE (Alternative to Counts I and II) 11. Plaintiff is Joseph P. O'Donnell and Defendant is Connie Ebby O'Donnell and neither party is a minor or incompetent. 12. Plaintiff currently resides at 1402 Timber Chase Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 13. Defendant is Connie Ebby O'Donnell, who currently resides at 4193 Nantucket Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055 and has resided there since on or about June, 1992. 14. Plaintiff has been a bona fide resident in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 15. The Plaintiff and Defendant were married on December 19, 1993 at New Cumberland, Cumberland County, Pennsylvania. 16. This action is based on Fault Grounds 330l(a) (3) Cruel and barbarous treatment, in that such cruel and barbarous treatment has endangered the life or health of the injured and innocent spouseIPlaintiff). 17. There have been no prior actions of divorce or for annulment between the parties. 18. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 19. Plaintiff avers that neither Plaintiff nor Defendant is in the military service. 20. Plaintiff avers that there are no children of the parties under the age of 18. WHEREFORE, Plaintiff requests the court to enter a decree of divorce. COUNT IV SECTION 3301 (a) OF THE DIVORCE CODE (Alternative to Counts I, II, and III) 21. Plaintiff is Joseph P. O'Donnell and Defendant is Connie Ebby O'Donnell and neither party is a minor or incompetent. 22. Plaintiff currently resides at 1402 Timber Chase Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 23. Defendant is Connie Ebby O'Donnell, who currently resides at 4193 Nantucket Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055 and has resided there since on or about June, 1992. 24. Plaintiff has been a bona fide resident in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 25. The Plaintiff and Defendant were married on December 19, 1993 at New Cumberland, Cumberland County, Pennsylvania. 26. This action is based on Fault Grounds 3301 (a) (6) Indignities, in that there are such indignities to the innocent and injured spouse (Plaintiff) as to render Plaintiff's condition intolerable and life burdensome. 27. There have been no prior actions of divorce or for annulment between the parties. 28. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 29. Plaintiff avers that neither Plaintiff nor Defendant is in the military service. 30. Plaintiff avers that there are no children of the parties under the age of 18. WHEREFORE, Plaintiff requests the court to enter a decree of divorce. COUNT V EQUITABLE DISTRIBUTION 31. Plaintiff incorporates the allegations of every paragraph enumerated above of this Complaint as if said paragraphs were fully set forth here at length. WHEREFORE, Plaintiff requests the court to allocate equitable distribution between Plaintiff and Defendant. : 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. !~~~O"~, ",inUH Date: 1/.:1/ ) 01 I I Respectfully Submitted, sco~a~~y~ Attorney for Plaintiff I.D. #71887 P.O. Box 341 Hershey, PA 17033 (717) 533-8315 PROOF OF SERVICE The undersigned certifies that a copy of the foregoing instrument was served upon the attorneys of record of all parties to the above cause, or parties of record if not represented by attorneys, by mailing same to them at their respective addresses as disclosed by the pleadings of record herein with postage fully prepaid thereon on the ').^D day of ft~i1,1-~ 2001. I declare that the statements above are true to the best of my knowledge, information and belief. Respectfully submitted, By: <::J\ i\~ B \ sco(JlIAlan'f BuY Attorney at Law P.O. Box 341 Hershey, PA 17033 (717) 533-8315 . , o c -;:-; ""tJ r:- p,r' ;?-;' ,r,.., " ~3) ~C.. :5~C' )>'d L., L_ =<! C- "__".1 ~ "'""1 rT1 ,;0 I 1'-) -cJ r.::i 'C:! ,...:.... ..U -< -:11 \0 vs. ) ) ) ) ) I ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOSEPH P. O'DONNELL, Plaintiff CIVIL ACTION - LAW CONNIE EBBY O'DONNELL, Defendant NO. 01-161 CIVIL TERM IN DIVORCE DEFENDANT'S PETITION FOR ECONOMIC RELIEF AND NOW comes the above-named Defendant, by her attorney, Samuel L. Andes, and makes the following Petition for Economic Relief: 1. The Petitioner herein is the Defendant. The Respondent is the Plaintiff. COUNT I - EQUITABLE DISTRIBUTION 2. During the course of the marriage, the parties have acquired numerous items of property, both real and personal, which are held in joint names and in the individual names of each of the parties hereto. WHEREFORE, Defendant prays this Honorable Court, after requiring full disclosure by the Plaintiff, to equitablv divide the property, both real and personal, owned by the parties hereto as marital property. COUNT II - ALIMONY 3. Defendant lacks sufficient property to provide for her reasonable needs in accordance with the standard of living of the parties established during the marriage. 4. Defendant is unable to support herself in accordance with the standard of living of the parties established during the marriage through appropriate employment. 1 5. The Plaintiff is employed and enjoys a substantial income from which he is able I contribute to the support and maintenance of Defendant and to pay her alimony in :cordance with the Divorce Code of Pennsylvania. WHEREFORE, Defendant prays this Honorable Court to enter an Order awarding 'efendant from Plaintiff permanent alimony in such sums as are reasonable and adequate ) support and maintain Defendant in the station of life to which she has become ccustomed during the marriage. COUNT III - ALIMONY PENDENTE LITE 6. Defendant is without sufficient income to support and maintain herself during the lendency of this action. 7. Plaintiff enjoys a substantial income and is well able to contribute to the support md maintenance of Defendant during the course of this action. WHEREFORE, Defendant prays this Honorable Court to order Plaintiff to pay her reasonable alimony pendente lite during the pendency of this action. COUNT IV - COUNSEL FEES AND EXPENSES 8. Defendant is without sufficient funds to retain counsel to represent her in this matter. 9. Without competent counsel, Defendant cannot adequately prosecute her claims against Plaintiff and cannot adequately litigate her rights in this matter. 10. Plaintiff enjoys a substantial income and is well able to bear the expense of Defendant's attorney and the expenses of this litigation. 2 WHEREFORE, Defendant prays this Honorable Court to order Plaintiff to pay the legal les and expenses incurred by Defendant in the litigation of this action. ~... I L. Andes Attorney for Defendant Supreme Court ID 17225 525 North 12th Street Lemoyne, PA 17043 I verify that the statements made in this Petition for Economic Relief are true and :orrect. I understand that any false statements in this Petition are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). DATE: \ '2..:J IAN t. wc>\ CO~~DO~ ~ 3 '" '" ~ , 0 N [fJ >< , Z z > I>- .!" 0 " ~ . d ." :<J " C. '" 0 ~ ill i'j Z " Z t"' Z ~ ~ hl '" 0 ~ >< t-' >< x S ~ i> > > . ~ " >- Z " '" Z ~ ..; ~ tj > . :;; . i'j . tfJ 0 " I'- w p n "6s t 'l ~ ......... ~ () C"; ....... ~?J ~ c ~;o~ :;::.-" f\tJ " ~ r !~: l '"" ~t c" , - .. "--< :<! '':> .-J JOSEPH P. O'DONNELL, Plaintifli'Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE CONNIE EDBY O'DONNELL, DefendantlPetitioner NO. 01-161 CIVIL TERM IN DIVORCE DR# 30,798 PacseS# 723103605 ORDER OF COURT AND NOW, this 3,d day of July, 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 before R.J. Shaddav on AUJ!ust 13, 2001 at 10:30 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (l) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11 iO (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, George E. Hoffer, President Judge Mail copies on 7-3-01 to: Petitioner < Respondent Samuel Andes, Esquire Scott Bly, Esquire ~l!!!:~. Date of Order: July 3, 200 I 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 II JOSEPH P. O'DONNELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW CONNIE EBSY O'DONNELL, Defendant NO. 01-161 CIVIL TERM IN DIVORCE MOTION FOR H~ARING AND NOW comes the above-named Defendant, by her attorney, Samuel L. Andes, and moves the Court for a conference before the Domestic Relations Office and, if necessary, a hearing before the Court on her request for alimony pendente lite, as set out in her Petition for Economic Relief, a copy of which is attached hereto. u I L. Andes Attorney for Plaintiff Supreme Court ID 17225 525 North 12th Street Lemoyne, PA 17043 (717) 761-5361 !i II Ii I' I!. 'j I JOSEPH P. O'DONNELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW CONNIE EBBY O'DONNELL, Defendant NO. 01-161 CIVIL TERM IN DIVORCE DEFENDANT'S PETITION FOR ECONOMIC RELIEF AND NOW comes the above-named Defendant, by her attorney, Samuel L. Andes, and makes the following Petition for Economic Relief: 1. The Petitioner herein is the Defendant. The Respondent is the Plaintiff. COUNT I - EQUITABLE DISTRIBUTION 2. During the course of the marriage, the parties have acquired numerous items of property, both real and personal, which are held in joint names and in the individual names of each of the parties hereto. WHEREFORE, Defendant prays this Honorable Court, after requiring full disclosure by the Plaintiff, to equitably divide the property, both real and personal, owned by the parties hereto as marital property. COUNT II - ALIMONY 3. Defendant lacks sufficient property to provide for her reasonable needs in accordance with the standard of living of the parties established during the marriage. 4. Defendant is unable to support herself in accordance with the standard of living of the parties established during the marriage through appropriate employment. 1 5. The Plaintiff is employed and enjoys a substantial income from which he is able to contribute to the support and maintenance of Defendant and to pay her alimony in accordance with the Divorce Code of Pennsylvania. WHEREFORE, Defendant prays this Honorable Court to enter an Order awarding Defendant from Plaintiff permanent alimony in such sums as are reasonable and adequate to support and maintain Defendant in the station of life to which she has become accustomed during the marriage. COUNT III - ALIMONY PENDENTE LITE 6. Defendant is without sufficient income to support and maintain herself during the pendency of this action. 7. Plaintiff enjoys a substantial income and is well able to contribute to the support and maintenance of Defendant during the course of this action. WHEREFORE, Defendant prays this Honorable Court to order Plaintiff to pay her reasonable alimony pendente lite during the pendency of this action. COUNT IV - COUNSEL FEES AND EXPENSES 8. Defendant is without sufficient funds to retain counsel to represent her in this matter. 9. Without competent counsel, Defendant cannot adequately prosecute her claims against Plaintiff and cannot adequately litigate her rights in this matter. 10. Plaintiff enjoys a substantial income and is well able to bear the expense of Defendant's attorney and the expenses of this litigation. 2 Ii WHEREFORE, Defendant prays this Honorable Court to order Plaintiff to pay the legal fees and expenses incurred by Defendant in the litigation of this action. I L. Andes Attorney for Defendant Supreme Court ID 17225 525 North 12th Street Lemoyne, PA 17043 I verify that the statements made in this Petition for Economic Relief are true and correct. I understand that any false statements in this Petition are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). DATE: \ 2-:J \AN e. L.ODI (!(i-n.~<-~ ~ (~ci~~cz1Jf CONNIE EBBY O'DONNELY ) L' 3 ~ !: (fJ I; ~ > o .; ~ :u ~ 0 c: !) III ~ t<l I 3 ~ ~ i ~ ~ >- .. t' Z ~ ~ tj = t<J of w """1'- .,... .,,- , c ~-. :~2 .".) 0-:., " ~. v .~ i '.. " J. " 'I '1 .~. l .\!' I . ~~F ',,1' "r ~ " ~, ilf ~ .' DR 30798 PACSES ID 723103605 JOSEPH P. O'DONNELL, Plaintiff/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. DOMESTIC RELATIONS SECTION CIVIL ACTION - LAW CONNIE EBBY O'DONNELL, Defendant/Petitioner NO. 01-161 CIVIL TERM ORDER OF COURT AND NOW, this 5th day of October, 2001, based upon the Court's determination that Petitioner's monthly net income/earning capacity is $N/A and Respondent's monthly net income/earning capacity is $N/A, it is hereby Ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit, $400.00 per month payable monthly as follows; $400.00 per month for alimony pendente lite and $0.00 on arrears. First payment due on or before the lOth day of each month. Arrears set at $400.00 as of October 4, 200 I. The effective date of the order is October 1,2001. This order is based upon an agreement of the parties. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa.C.S.g 3703. Further, ifthe Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and its discretion make an appropriate Order, including, but not limited to, commitment of the Respondent to prison for a period not to exceed six months. Said money to be turned over by the PA SCDU to: Connie O'Donnell. 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. Respondent to provide medical insurance coverage. 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 ItJ~/{lO/ to: < . BY THE COURT, Petitioner Respondent Samuel Andes, Esquire Scott Bly, Esquire ~C/O # esley Oler, Jr. [/ ~ J. AGREEMENT THIS AGREEMENT is made this!:~day of September 2001, between: JOSEPH P. O'DONNELL (hereinafter "Husband"); and , CONNIE E. O'DONNELL (hereinafter "Wife"). WHEREAS, the parties hereby agree that Husband shall pay to Wife, through the Domestic Relations Office of Cumberland County and pursuant to an attachment of his wages from the Commonwealth of Pennsylvania to be administered through that oft1ce, the sum of $400.00 per month, effective on the first day of__Dq.x$f.( 2001. The parties agree that the said Domestic Relations Oft1ce shall enter such order pursuant to this agreement requiring those payments and further agree that such order shall remain in full force and effect until either of the parties requests that the order be modified or amended, or until the parties are divorced from the bonds of matrimony. In addition, Husband shall pay to Wife, through the Domestic Relations Office, the amount of$ -0..... _, per month on any arrearages owed on the order after giving Husband credit in the amount of $400 00 for a payment he made directly to Wife in late August of2001 IN WITNESS WHEREOF the parties have set their hands and seals to this Agreement the day and year first above written. ;Yit~ ~~~ gj i~- J;~!~ ~ \~ (J~~ Connie E. O'Donnell .I ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT })):!. d.ON - / tc f (I ( tf L State Commonwealth of Pennsylvania !J;JeS[> /:;1 A) t>J..{y cb~ Co/City/Dist. of CUMBERLAND :/ J Date of Order/Notice 04/04/02 .M -3679~ Court/Case Number (See Addendum for case summary) o Original Order/Notice o Amended Order/Notice o Terminate Order/Notice EmployerMtithholder's Federal fIN Number COMMONWEALTH OF PA EmployerANithholder's Name C/O PAYROLL OPERATIONS EmployerNVithholder's Address ATTACHMENTS RESEARCH UNIT PO BOX 8006 HARRISBURG PA 17105-8006 JRE:O'DONNELL, JOSEPH P. ) Employee/Obligor's Name (last, First, MI) J 484-58-2407 ) Employee/Obligor's Social Security Number J 5697000033 ) Employee/Obligor's Case Identifier ) (See Addendum for plaintiff parnes 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 INFORMA TlON: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 400.00 per month in current support $ 200.00 per month in past-due support Arrears 12 weeks or greater? Oyes @ no $ 0.00 per month in medical support $ 0 . 00 per month for genetic test costs $ per month in other (specify) for a total of $ 600.00 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: $ 138.46 per weekly pay period. $ 276.92 per biweekly pay period (every two weeks). $ 300.00 per semimonthly pay period (twice a month). & 600.00 per monthly pay period. ~EMITTANCE INFORMATION: 'ou must begin withholding no later than the first pay period occurring ten (10) working days after the date of this )rder/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to educt a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the Ie allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's 19regate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is 'eded (See #9 on pg. 2). remitting by fFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer lstomer Service at 1-877-676-9580 for instructions. ake Remittance Payable to: PA SCDU nd check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 ADDITION, PA YMENTS MUST INClUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown we as the EmployeefObligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. , NOT SEND CASH BY MAIL. ice Type M BY THE COURT: APR '''''. "7 ai&~ off' JUiY.,C ......il:hmll1a~n ' Form EN-028 .Jlarl, " , 'OMBNo.:09?O-0154 Worker ID $IATT -=--I2,D A ! f-';raUon Dilte: 12/31/0(l - ~ of Order: ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS o 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. 3.' Reporting tm. Paydate/Date "fWithholding. You l,lU,t ,epM tl", pa,dateMate of ..itl,/'olding ..hen selldillg the pa"".Ilt. TI,e pardatc/date of ../thholding '" the date on ..hich alMul,t ..a' ..ithheld t",,,, t1,e elnplo,ee" ..ages. You must comply with the law of the state of the employee's/obligor's prillcipal place of employment with respect to the time periods within which you must implement the withholding order alld forward the support payments. 4.' Employee/Obligor with Multiple Support Holdillgs: If there is more thall one Order/Notice to Withhold Income for Support .gainst this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must allow the law of the state of employee'slobligor's principal place of employment. You must honor all Orders/Notices to the greatest "tent possible. (See 1t9 below) Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for :lU. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. WITHHOLDER'S ID: 2321722990 EMPLOYEE'S/OBLlGOR'S NAME: EMPLOYEE'S CASE IDENTIFIER: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: O'DONNELL, JOSEPH P. 5697000033 DATE OF SEPARATION: lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or 'erance 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 ,withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs ss the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from oyment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. sylvania 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 Dyed governs. Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit lion Act (1 5 U.S.c. 91673 (b)l; or 2) the amounts allowed by the State of the employee'slobligor's principal place of employment. ,derallimit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory tions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. E: 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 the state that issued this order with respect to these items. uesting Agency: OMESTIC RElATIONS SECTION I N. HANOVER ST O. BOX 320 \RlISlE PA 17013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by Internet @ Page 2 of 2 Form EN-028 Worker ID $IATT Type M OMB No.: 097Q..0154 ExprralionD.l.lf': 12/)1100 ADDENDUM Summary of Cases on Attachment PACSES Case Number Plaintiff Name CONNIE E. O'DONNELL Docket Attachment Amount 01~CIVIL $ 600.00 Child(ren)'s Name(s): Defendant/Obligor: 0' DONNELL, JOSEPH P. 723103605 <3 D7Cfy, PACSES Case Number 1(,- Plaintjff Name DOB Attachment Amount $ 0.00 Child(ren)'s Name(s): Docket DOB you are required to enroll the child(ren) in any health insurance coverage available employee's/obligor's employment. you are required to enroll the child(ren) in any health insurance coverage available employee's/obligor's employment. .CSES Case Number lintjff Name PAC5ES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 hild(ren)'s Name(s): DOB Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB checked, you are required to enroll the childlren) jfied above in any health insurance coverage available gh the employee's/obligor's employment. you are required to enroll the child(ren) in any health insurance coverage available employee's/obligor's employment. ,5 Case Number ffName eket Attachment Amount $ 0.00 I(ren)'s Name(s): PACSES Case Number Plaintiff Name DOB Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ~cked, you are required to enroll the child(ren) :t above in any health insurance coverage available the employee's/obligor's employment. you are required to enroll the child(ren) in any health insurance coverage available employee's/obligor's employment. Addendum Form EN-028 Worker ID $IATT rype M OMS No,; 0970-0154 Expiration Date: 12n1/00 (") ~; o rv .",. ..,., ::u (") 'q ~Tl o 'i-n i ~::::' --0 -- c ~...) ~~-~ - - 'j) - ( n -< -, In the Court of Common Pleas of CUMBERLAND County, Pennsylvania Phone: (717) 240-6225 DOMESTIC RELATIONS SECTION 13 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA. 17013 JULY 3, 2001 Plaintiff Name: CONNIE E. 0' DONNELL Defendant Name: JOSEPH P. 0' DONNELL Docket Number: 01-161 CIVIL PACSES Case Number: 723103605/.50711 Other State lD Number: 7 ~ Fax: (717) 240-6248 (') C.:: ;c,-;- ?7;'-( -7 -~ ~::;, :~ r-"'~ l o f", V, rTl -" " n Income and Expense Statement Please note: AU correspondence mo."t include the P ACSE...~ Case Number. Section I: In(ome and Insurance I $ 'ZI ~.<j8 Social Security $ S<.o '3Z Retirement $ '0 O.d~ Life Insurance Other Deductions (specify) INCOME: Employer fA- 1\\tS"\ ~r(."-...... €If A-..J'p~o.... Address Cc..e \ t<. \ C 1'\.,\ 4. "'fl""-+ ~,.. C q _\o:u,-\r..,) Type of Work Pdor ~ Payroll No. "'ZtSI'y Gross Pay per Pay Period $ ~,f. ~_ _ Pay Period (Wkly.~etc.) Itemized Payroll Deductions: Federal Withholding Stale Income Tax Credit Union OTHER INCOME Interest Dividends Pension Annuity Social Security Rents Royalties Expense Account Gifts Unemployment Workmen's Compensation Other Other TOTAL TOTAL INCOME Service Type M $ noJ."7/ $1Ch tt $ 0 $ $ Local Wage Tax Savings Bonds Health Insurance '0 CJ . ~I,-t ;( ) THIS FORM MUST BE FILLED OUT .~J :::-j; " (If you are self-employed or if you are salaried by a business of which you are owner in whole or Pi!, yo~2nust~ also fill out the Supplemental Income Statement which appears 00 page two of this income and expense statement. ) INCOME STATEMENT OF --.JO.5ef~~ D'Oa~l\ Ne' Pay per Pay Period $ flTh "S' (Fill in Appropria'e Column) WEEK MONTH YEAR $ " $ 0 $ a D t) 0 Q C> D 0 0 c C) D 0 ~ (') 8 (') t'\ f? ("\ <5 rJ (') 0 0 0 0 Q .:) cD c) ('\ $<6 $ f'} $ c9 $ 0 () 0 PROPERTY OWNED DESCRIPTION Checking Accounts Savings Accounts Credit Union Stocks/Bonds Real Estate ('J.Jr~~ ....'-A Other TOTAL ~ ~i-\JJ\(.\\ $ zo.rl. $ 0 $ 0 $ $ Ownership '" VALUE H W J $ 0 )<. 0 X () X 0 )( IL.IO,OOQ. >< {'\ 1$1'-10,000 * H=Husbal1d; W=Wife; J=Joint Form IN-008 Worker ID 21205 Income and Expense Scatement PACSES Case Number 723103605 Coverage '" INSURANCE Hosoital Blue Cross Other Medical Blue Shield Other Health/Accident COMPANY S'e.e... ?Hf<:J.e.6 . B\\M C"',:)s~/~$ ~<.. 4-t+.(.~<--6.. %/~ POLICY # H w C '-I'Nr<I~7 X x 'I \('5'fsn./Il) X x 'I. Disability Income Dental (I)elk ~V\\c. \ tf.&<.(~o.I,)1 X )()<. Other * H=Husband; W=Wife; C=Child Section II: Supplemental Income Statement c. This fonn is to be filled out by a person W (1) who operates a business or practices a profession, or o (2) who is a member of a partnership Of joint venture, or o (3) who is a shareholder in and is salaried by a closed corporation or similar entity. 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 Slatement Name of business: Professl'~^c..\ ~e.c...k:. Address and 'olephone numhor: <19 c:> 1.. Ccr/.s'~ e(k~. (Yle<.J"o..,.. ~. i>....... i=l4 /70 S"O Nature of bURiness (cbeck one) r S<:..t.\lV\<; TV\L I ::It 27/1' 7f7",'Z. ron: a. b. d. o o o (3) profession ~ (4) closed corporation o (5) other Name of accountant, controller ot other person in charge of tinancial records: ~hc.v.>... 'ElliS (1) partnership (2) joint venture e. r...orp o ~C- Atk~ke..<L Ole-des f. Annual im:ome from business: (1) How often is income received? IJA- (2) Gross income pef pay period: rJA- (3) Net income per pay period: tJ4 (4) Specified deductions, jf any: ~~ Page 2 of3 Fonn IN-008 Worker ID 21205 Service Type M Income and Expense Statement PACSES Case Number 723103605 Section ill: Expenses Instroctiotls: Only show eXlJ'aordinary expell'ies in this section unless you tiHed out Section II on page two. The categories in BOLD FONT are especially important for oalculating child support. If you are requesting Spousal Support! APL or if you assert your case cannot be determined according to the guideline grids or formula. this section mUst be fully completed. (Fill in Appropriate Column) EXPENSES (Fill in Appropriate Column) EXPENSES WEEK MONTH YEAR (continued) WEEK MONTH YEAR ~ Education Mortgage/Rent $ $ 7foS $ Private School $ $ 0 $ Maintenance 0 Parochial School 0 Utilities College 0 Electric $ $ ,,~ $ Religious ?.5" Gas " Personal Oil () Clotbing $ $ :sD $ Telephone 13 Food I?.r;; Water <.<1 Barberi 2,,> Sewer 33 Hajrdresser Credit Payments 'M Emvlovment Credit Card I~' 'brvl P 4- ~e~ A~ Public Transpon. $ $ 0 $ Charge () Lunch 10.0<> Memherships 0 Taxes Loans Real estate $ $ -0 $ Credit Union $ $ 0 $ Personal Property () Insurance Homeowner's $ $ ll.o~ $ Automohile () Miscellaneous Life 11'3. ~;::, Household Help $ $ f.) $ Accident () Child care 0 HeIIIlh 0 Paperslbook.s 0 Other 0 M(lI!ca:ines Automobile ~ Entertainment /00 Payments $ $ 0 $ Pay TV 3't Fuel l:ll} Vacation ::2S" Repairs 0 Gifts "2.0 Medical 0 Legal fees loa Charitable Doctor $ $ ;;;tQ $ b~~bCIilld' 2~ Dentisl ~O QOOc1'> Orthodontist 9.00 ~n ODY 400?C> Hospital ci Pa..."", I'o;.),..~ n~", Medicine :J..~ Other Special Deed!; "';l~('~",s $ $100 $ (glasses, braces, 1') (r~I'O C-l..\'I.Ie.\ e..t <... (:?-t 1<U ortllooedic devices) I Total 1$ WEEK MONTH YEAR + 'I~I-t . Expenses: $ 4f1.13 $ I verify that the statements made in this Income and Expen.~e Statement are true and correct I understand that false ~tatements herein are subject to the criminal penalties of 18 Pa. C.S. ~ 49r. relating to un.~wom falsification to authorities. ~~~(. cl ~ 'l Date Plbintiff or Defendant Page 3 01'3 Fow IN-008 Worker ID 21205 ,rvice Type M PEBTF Pennsylvania Employees Benefit Trust Fund COlOO._, GREATEIl OP "'DO OR m. UP TO m.DO NATIONAL PRESCRIPTION ADMINISTRATORS """""'. NPA ClENEIlIC ....UIlSEIlENT PlAN c-.. ~ 2407 NMS ) ~.. , BlueCross. BlueSbield. JOSEPH P 0 DONNELL -.- Q80484 58 2.07 114?0ooooo ....Jl. . ....... ~..... ,ENNIYLYNIIA ..-lOVED ...,., TMIST F\,IifO -- ,RECPTlFlCATION ~ $IIMCIl....-cn._J LNTED IIHA'ItOIW. HEALTM l....-t14~.," f'RICJJmFICATIDN 1.....441.nJl +v PE~ PllltcomACA~ 866 os_ 361 llC_ PEBTF Pennsylvania Employees Benefit Trust Fund YISlON IIlENTFICATlON CARD IIIIIIIMI Client 10 Number. Amount Due: Date Due: Amount Debited: If you send an amount different from the Amount Due please indicate how you would lite these funds disbursed on the reverse of this payment stub. 484582407 $1,497.00 811612001 . ' ,\I/,Pro& ~~. . - - a - ~ , , , \" B..hl ~ollJlillH'" O'Donnell, Joseph 1402 Timber Chase Drive Mechanicsburg, PA 17050 Return this portion with your payment. Make Cashier's Check or Money Order payable to Profina Debt Solutions and mail to: 1,,,111,,,11I,,,,1,1.11,,.1,,,11 Proflna Debt Solutions PO Box 618247 Orlando, FL 32861-8247 1"11".1.11.,1"11,.,,,111.,1,.,1.1,1.,11,,,11,1,,1 Check box if your address has changed and complete reverse side To receive prooer credit. detach and return too portion of statement to the abOve address onlv. ---------------------------------------- A great use for your tax refund check would be to use it towards paying down your debt. STATEMENT Statement Closing Date: 811/2001 Dam Ac~ Payments Received 7/24/2001 Payment - Thank yoo Contribution: Payments to Creditors 7/27/2001 Pennsylvania State Credit Unio (541416) 7/27/2001 CitibanklChoioe (Fl64) (401042) 7/27/2001 Providian (414244) 7/27/2001 Discover Card (401061) 7/27/2001 Fleet Loans (Instalment) (403815) 7/27/2001 Pennsylvania Stale Credit Unio (541416) 7/27/2001 First USA (401017) 7/27/2001 US Airways Federal Credit Unio (545372) 7/27/2001 MBNAArnerica Bank, N.A. (401025) 7/27/2001 US Airways Federal Credit Unlo (545372) ACCOUNT ACTIVITY FOR PAST 30 DAYS Account Amount ($1,497.00) $35.00 484-58-2407L9 4128-0035-7982-0328 4428-Q70s.a033-2734 6011-0022-7026-8808 75889694500001 484-58-2407L 1 - 5417-1267-9351-0156 4845-824G-7 5490-9925-7200-1836 4845-824G-7 $28.00 $96.00 $97.00 $124.00 $129.00 $135.00 $175.00 $186.00 $230.00 $262.00 Your next E-Pay payment will be made automatically on 8116/2001 in the 1 amount of $1,497.00 Client ID Number: PIN: 4845824071 828806 Payments made outside the E-Pay system must be made by certified check. cashie(s check or money order. No business I checks or third party checks are accepted. Profina Debt Solutions also accepts Westem Union Quick Collect. The Quick Collect Code Is: Proflna and the State is: FL -rfii!; 15 ell of Cl--t.r de.b+ s;,\(.<-. w-L VJe.r~ IIV\CU\~ { ,- ~ CS<;;0.elVtel.; +- c.l ( I Inquiries Only: 1768 Pari< Center Drive, Suite 280 - Orlando, FL 32835 (888) 734-6229 - Fax (407) 291-4505 ~ ~ - n ~ -' r^-,.J ,-n '1 ") (j .,1 -r; t.C , ~._) ..< JOSEPH P. O'DONNELL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 01-161 CIVIL TERM CONNIE E. O'DONNELL Defendant CIVIL ACTION - DIVORCE INVENTORY OF PLAINTIFF Plaintiff files the following amended inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. Plaintiff verifies that the statements made in this amended inventory are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904 relating to unsworn falsification to authorities. ~ ~i:~Donnnll ASSETS OF PARTIES Plaintiff marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. (x) l. (x) 2. ( ) 3. ( ) 4. (x) 5. (x) 6. ( ) 7. ( ) 8. ( ) 9. ) - 10. ) 1l. ) 12. ) 13. ( ) 14. (x) 15. 16. 17. 18. (x) 19. ( ) 20. ( ) 2l. ( ) 22. ( ) 23. (x) 24. (x) 25. (x) 26. Real property Motor vehicles stocks, bonds, securities and options Certificates of deposit Checking accounts, cash Savings accounts, money market and savings certificates Contents of safe deposit boxes Trusts Life insurance policies (indicate face value, cas~ surrender value and current beneficiaries) Annuities Gifts Inheritances Patents, copyrights, inventions, royalties Personal property outside the home Business (list all owners, including percentage of ownership, and officer/director positions held by a party with company) Employment termination benefits-severance pay, worker's compensation claim/award Profit sharing plans Pension plans (indicate employee contribution and date plan vests) Retirement plans, Individual Retirement Accounts Disability payments Litigation claims (matured and unmatured) Military/V.A. benefits Education benefits Debts due, including loans, mortgages held Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute) Other MARITAL PROPERTY Plaintiff lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced: Description of Property Names of All Owners Item 'Number 1. Primary Residence 4193 Nantucket Drive Mechanicsburg, PA 17055 Appraisal Pending H & W 2. 1995 Audi Value as of 7/01/00 $14,000.00 W 3. 1987 Plymouth Minivan Value as of 7/01/00 $1,200.00 H 4 . State Employees Retirement Account No. 484-58-2407 Value as of 6/22/00 $26,860.34 H 5. Robert W. Baird & Co. W Retirement Account Account No. 6369-6379 Value as of December 31, 2000 $19,023.47 6. State Employees Credit Union H Checking & Savings Account Account No. 484582407 Value as of May 31, 2002 is $441.77 7 . Mid Penn Bank Checking & Savings Account Value as of 7/1/00 is $2,200 W 8. Household Furnishings [See attached Exhibits A and B (itemized lists)] 9. Erie Insurance Company Term Life Insurance No value , H NON-MARITAL PROPERTY Plaintiff lists all property in which a spouse has a legal or equitable interest which is claimed to be excluded from marital property: Item Description Reason for Number of Property Exclusion 10. Professional Deck Husband has 50% Sealing, Inc. ownership in corp. which has no value II. Sofa Pre-marital asset 12. Bed Pre-marital asset 13. Cedar Chest Pre-marital asset 14. Kitchen Table Pre-marital asset 15. Easel Pre-marital asset Item Nwnber NONE Description of Property PROPERTY TRANSFERRED Date of Transfer Consid- eration & Person to whom Transferred LIABILITIES Description of Property Names of All Creditors Names of All Debtors Item Number 16. Mortgage on 4193 GMAC Mortgage Nantucket Drive, Mechanicsburg, PA H & W Balance as of 5/16/01 is $119,775.07 17. Credit Card First USA H Balance as of 1/29/01 is $8,717 18. Credit Card MBNA America Bank, N.A. H Balance as of 1/29/01 is $9,180 19. Credit Card Providian Financial H Balance as of 1/29/01 is $4,813 20. Credit Card Discover Card H Balance as of 1/29/01 is $4,945 21. Credit Card Citibank/Choice H Balance as of 1/29/01 is $4,352 ..,22. Credit Card PA State Credit Union H Balance as of 1/29/01 is $10,000 23. Unsecured Loan US Airways Federal H Credit Union Balance as of 1/29/01 is $11,000 24. Unsecured Loan US Airways Federal H Credit Union Balance as of 1/29/01 is $7,000 25. Audi PA State Credit Union H & W Balance as of 7/1/00 is $10,000 26. 27 . t 'k' Credit Card PA State Credit Union Balance as of 7/1/00 is $2,000 Unsecured Loan Fleet Balance as of 1/29/01 is $4,500 H & W H EXHIBIT A HOUSEHOLD FURNISHINGS ITEMS 1) 2) 3) 4) 5) 6) 7) '8 ) 9) 10) 11) 12) 13) 14) 15) 16) 17) 18) . 19) 20) 4 Beds 2 Sofas Dining Room Suite Chairs Portable Fireplace Sony TV 2 VCRs Gas Grill Picnic Wicker Set Kitchen Set Entertainment Center Work Benches Washer & Dryer Kitchen Appliances Over-Stuffed Chairs Coffee Tables End Tables Water Softener System Dishes, Pots & Pans Chest of Drawers VALUE $3,000 $2,500 $5,000 $200 $1,000 $500 $300 $150 $250 $250 $150 $300 $500 $250 $2,000 $1,000 $500 $2,000 $450 $350 . ~, u :~ \:(,~, C~,' ! .~., .L.. " L:, C~) _c r': , )> (-~~ :~ C) P":: () -;'1 :---1 ./) '" 'U I \D -n Ire.::..:: rq y () ,) :iJ :Crl ~~. ~~3 '< -'0 W :Jl JOSEPH P. O'DONNELL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 01-161 CIVIL TERM CONNIE E. O'DONNELL a/k/a CONNIE E. EBY CIVIL ACTION - DIVORCE Defendant ORDER APPOINTING MASTER AND NOW, (J&t;lJ.RMlo ,2002, t~~~~!P ' Esquire, is appointed master with respect to the following claims: Divorce, Distribution of Property, Support, Alimony, Alimony Pendete Lite and Cost and Expenses. BY THE COURT: f!~ ~~ \;.\~()~ <$''\ 't9~. f\)~ 1"" 1'._'-1" ~,z :\,1, .;,._;U ORDER/NOTICE ~ ,~ITHHOLD INCOME jpR SUPPORT CIcA ~OOI./"/ L'lt//t. State Commonwealth of Pennsylvania IAf.!!l,~ ?.:l~/~3/,(JS" Co./City/Dist. of CUMBERLAND .1 &J D' Date of Order/Notice 09/24/02 ~R r::1.P"71 Tribunal/Case Number (See Addendum for case summary) RE: O'DONNELL, JOSEPH P. Employee/Obligor's Name (last, First, MI) 484-58-2407 Employee/Obligor's Social Security Number 5697000033 Employee/Obligor's Case Identifier iSee Addendum for plaintiff names associatl.!d with cases on attachment) Custodial Parent's Name (last, First, MI) o Original Order/Notice @ Amended Order/Notice o Terminate Order/Notice EmployeriWithholder's Federal ErN Number COMMONWEALTH OF PA C/O PAYROLL OPERATIONS ATTACHMENTS RESEARCH UNIT PO BOX 8006 HARRISBURG PA 17105-8006 See Addendum for dependent names and birth dates associated with cases on attachment. eJRDER INFORMA nON: This is an Order/Notice to Withhold Income for Support based upon an order for support :rom CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these lmounts from the above-named employee's!obligor's income until further notice even if the Order/Notice is not ssued by your State. 400.00 per month in current support 0.00 per month in past-due support Arrears 12 weeks or greater? 0 yes @ no 0.00 per month in medical support o . 00 per month for genetic test costs per month in other (specify) "a total of $ 400.00 per month to be forwarded to payee below. lU do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match e ordered support payment cycle, use the following to determine how much to withhold: 92 .31 per weekly pay period. 184,62 per biweekly pay period (every two weeks). 200,00 per semimonthly pay period (twice a month). 400,00 per monthly pay period. MITTANCE INFORMATION: u must begin withholding no later than the first pay period occurring ten (10) working days after the date of this der/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to luct a fee to defray the cost of withholding. Refer to the laws goveming the work state of your employee for the )wable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's! obligor's regate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is ded (See #10 on pg. 2). 'milling by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer tomer Service at 1-877-676-9580 for instructions. ke Remittance Payable to: PA SCDU d check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 DOlT/ON, I'A YMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE I'ACSES MEMBER 10 (shown 'e as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. "lOT SEND CASH BY MAIL. :e Type M StP 2 ;1 20DZ tI'I"1.l~,I'1iZ't.' ...,.._.."'.....,c..':J r' 0. c' f i., '..;..,S1",,,,,.:"-,; ~~~:o~ BYTHE71: /} ~ ,}l C--.-; k' 0, . E!iL.EY~ ::'.' /' --:7l;1/)t,€. ~ Form EN-028 OM9No.:097Q-0154 Worker ID 21205 of Order: OR<. ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS o If checked you are required to pl'Pxil1e a ~opy of this form to your ~mployee. If yoUr employee \Vorks 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. . We appreciate the voluntary compliance of Federaily recognized Indian tribes, tribally-owned businesses, and Indian-owned Jslnesses located on a reseNation that choose to withhold in accordance with this notice. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same Income. deral tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting ency listed below. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to :h agency requesting withholding. You must however, separately identify the portion of the single payment that is attributable to each 'Ployee/obligor. Reporting the PaydatelDate of Withholding. You mu.t report the paydateldate of withholding when .ending the payment. The' 'date/date of withholding i. the date on which amount was withheld from the employet's wagM. You must comply with the law of the e of the employee'slobligor's principal place of employment with respect to the time periods within which you must implement the lholding order and forward the support payments. Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow aw of the state of employee'slobligor's principal place of employment. You must honor ail OrderslNotices to the greatest extent ible. (See ill 0 below) ermination Notitication: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. ;e provide the information requested and return a copy of this Order/Notice to the Agency identified below. WITHHOLDER'S ID: 2321722990 EMPLOYEE'S/OBLlGOR'S NAME: EMPLOYEE'S CASE IDENTIFIER: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: O'DONNELL, JOSEPH P. 5697000033 DATE OF SEPARATION: mp Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or lnce pay. If you have any questions about lump sum payments, contact the person or authority below. bility: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have lid from the employee/obligor's income and other penalties set by Pennsylvania State iaw. Pennsylvania State law governs unless ligor is employed in another State, in which case the law of the State in which he or she is employed governs. i-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, lto employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law ; unless the obligor is employed in another State, in which case the law of the State in which he orshe is employed governs. ithholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit )n Act (1 5 U.S.c. ~1673 (b)l; or 2) the amounts allowed by the State of the employee'slobligor's principal place of employment. eral limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory lnS such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. itionallnfo: 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 Ie state that issued this order with respect to these items. itted By: MESTIC RELATIONS SECTION ". HANOVER ST . BOX 32Q '.lISLE PA 17013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at f7171 240-6248 or by intemet Page 2 of 2 Form EN-028 Worker 10 21205 'pe M OMS No.: 0970-<1154 ADDENDUM Summary of Cases on Attachment Defendant/Obligor: 0' DONNELL, JOSEPH P. <\CSES Case Number 723103605/S P?&}'V' PACSES Case Number 'aintiff Name Plaintiff Name JNNIE E. O'DONNELL ~ Attachment Amount [-161 CIVIL $ 400.00 :hild(ren)'s Name(s): DOB If checked, you are required to enroll the chi/d(ren) 1tified above in any health insurance coverage available ugh the employee'slobligor's employment. SES Case Number ItiffName ocket Attachment Amount $ 0.00 Id(ren)'s Name(s): DOB :hecked, you are required to enroll the child(ren) led above in any health insurance coverage available h the employee'slobligor's employment. ; Case Number . Name ~ Attachment Amount $ 0.00 ren)'s Name(s): DOB eked, you are required to enroll the child(ren) above in any health insurance coverage available le employee'slobligor's employment. Addendum ype M OMS No.: 0970.01 S4 Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB you are required to enroll the child(ren) in any health insurance coverage available employee'slobligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ,-,"";":,,;-,,:-,:,:-:.,:,,,::,,.:->:-:-,.:,.:::..,.,.".;,:-:,::-:,::,,:::,,',,;:,,:,:,,:::-,::,:;.:::.,;,:...-:,-,:,:::-:::"""::",-:,:,-:"':-:',""":,'::;-:"::-'':::::::";':;:''':-:'-':-'::''''::';';''.'.'.:;.'. ...,....,-..-,.,".:-,.'...:....,.,-...,.:.,.,.:'.:-,.:.._.:.'..';...,.;.;_:'-'.._:_.'..::'...'_....','..,._'....,'-'.-"'.,',',-.",-.-.0;,.":,-,..,,,.,.,;,,-.,;,:-,'_':_,'...."",.,',':.:-,_".,...,.,'...",....,'...',;'.-.,-:'...,';'.:.,'......,'...,.,', [j ;i~h;';;k;;d,~~~ar~ ~~i;;;d;~ ~~;"II;h~ ~hiid(;~~) ......... ....... identified above in any health insurance coverage available through the employee'slobligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB .D.;f~;;~,;;;;;,;~~.~;~;;;~~;;;;;;;~~~;~;;;;;~~;;i,d;;;;~;................. identified above in any health Insurance coverage available through the employee'slobligor's employment. Form EN-028 Worker ID 21205 o c <- -vi.Y' rnr^,': -? -"~.. 7"" ~~, '<::'--" ~l_.. c() ,r" (~- C) f',) ::) ," :n ." -J " C" :.J ~ :::> ~ ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORl Commonwealth of Pennsylvania q d 3, i)J G D.;" :itylDist. of CUMBERLAND 01 - lte/ ~(u t-<-- . of Order/Notice 10/28/02 q Jnal/Case Number (See Addendum for case summary) 1) 3P-::t 8 o Original Order/Notice @ Amended Order/Notice o Terminate Order/Notice COMMONWEALTH OF PA C/O PAYROLL OPERATIONS ATTACHMENTS RESEARCH UNIT PO BOX 8006 HARRISBURG PA 17105-8006 ~:O'DONNELL, JOSEPH P. Employee/Obligor's Name (last, First, Mil 484-58-2407 Employee/Obligor's Social Security Number 5697000033 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with casE's on attachment) Custodial Parent's Name (Last, First, Mil oyerlWithholder's Federal EIN Number See Addendum for dependent names and birth dates associated with cases on attachment. WER INFORMA nON: This is an Order/Notice to Withhold Income for Support based upon an order for support m CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these Jounts from the above-named empJoyee'sJobligor's income until further notice even if the Order/Notice is not ,ued by your State. 400.00 per month in current support o . 00 per month in past-due support Arrears 1 2 weeks or greater? 0 yes @ no 0.00 per month in medical support o . 00 per month for genetic test costs per month in other (specify) )r a total of $ 400.00 per month to be forwarded to payee below. ou do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match le ordered support payment cycle, use the following to determine how much to withhold: 92.31 per weekly pay period. 184.62 per biweekly pay period (every two weeks). 200.00 per semimonthly pay period (twice a month). P 400 , 00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydateJdate of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55'10 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 SCOU Send check to: Pennsylvania SCOU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDfTfON, 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: OCT 2 9 Dr "'H~a)4' (j , wo- eo;" CN~," OMBNo.:097Q-015 Worker ID $IATT Service Type M ',,"," ,-' \n\i\f3d ! t., -'1\,1''-'':8 7'.) , I /,...... ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS o If ;;hecked you are required to provide a ,opy of this form to your employee. If your employee ""arks in.a state that is ditterentfrom the state that issued this order, a copy must be provided to your employee even if the box IS not.checked. lppreciate the valunta!)' compliance of Federally recognized Indian tribes, tribally-owned businesses, and Indian-owned ses located on a reservation that choose to withhold in accordance with this notice. rity: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. I tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting , listed below. mbining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to .gency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each .yee/obligor. eporting thE Paydate/Date of Withholding. You must report the paydatE/datE of withholding when .ending the payment. The ,te/date of withholding is the date on which amount w", v.ithheld from thE employee', wages. You must comply with the law of the of the employee'slobiigor's principal piace of employment with respect to the time periods within which you must implement the 10lding order and fOlWard the support payments. :mployee/Obligor with Multiple Support Holdings: If there is more than one OrderlNotice to Withhold Income for Support against employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow ,aw of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent ;ible. (See #1 0 below) fermination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. ase provide the information requested and return a copy of this Order/Notice to the Agency identified below. WITHHOLDER'S ID: 2321722990 EMPLOYEE'S/OBLlGOR'S NAME: EMPLOYEE'S CASE IDENTIFIER: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: O'DONNELL, JOSEPH P_ 5697000033 DATE OF SEPARATION: Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or ~verance pay. If you have any questions about lump sum payments, contact the person or a.uthority below. i. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have vithheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless he 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 iaw for discharg.ng an employee/obligor from employment, refusing to employ, or taking disciplina!)' action against any employee/obligor because of a support withholding. Pennsylvania State law governs unJess the obligor 15 employed in another State, in which case the law of the State in which he or she is employed governs. 10.' Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.s.c. 91673 (b)1; or 2) the amounts allowed by the State of the employee'slobligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandato!)' 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: POMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childs\Jpport.state.pa.us Page 2 of 2 Form EN-028 Worker 10 $IATT ServiCe Type M OMB No,: 0970-0154 ADDENDUM Summary of Cases on Attachment Defendant/Obligor: 0' DONNELL, JOSEPH P. Case Number 723103605 Name :~ 0' DONNELL :et Attachment Amount :-CIVIL $ 400.00 ren)'s Name(s): PACSES Case Number Plaintiff Name DOB Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB you are required to enroll the child(ren) in any health insurance coverage available employee'sfobligor's employment. hecked, you are required to enroll the child(ren) ied above in any health insurance coverage available h the employee'sfobligor's employment. :S Case Number iff Name P ACSES Case Number Plaintiff Name >cket Attachment Amount $ 0.00 id(ren)'s Name(s): DOB Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB f checked, you are required to enroll the child(ren) tified above in any health insurance coverage available ugh the employee's/obligor's employment. you are required to enroll the child(ren) in any health insurance coverage available employee'sfobligor's employment. :SES Case Number ntiffName PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 hild(ren)'s Name(s): DOB Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB checked, you are required to enroll the child(ren) entified above in any health insurance coverage available rough the employee's/obligor's employment. you are required to enroll the child(ren) in any health insurance coverage available employee's/obligor's employment. Addendum Form EN-028 Worker ID $IATT ervice Type M OMB No.: 0970-0154 JOSEHP P. O'DONNELL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 01-161 CIVIL TERM CONNIE E. O'DONNELL, Defendant CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S PRE-TRIAL STATEMENT JOSEPH P. O'DONNELL, the Plaintiff, by and through his attorney, Scott Alan Bly, Esquire, files the following Pre-Trial Statement: TABLE OF CONTENTS 1. Background Information 2. Listing of Marital Assets and Debts 3 . Listing of Personal Property 4 . Listing of Non-Marital Assets 5. Pensions 6. Income and Expenses 7 . Expert Witnesses 8 . Non-Expert Witnesses 9. Listing of Proposed Exhibits 10. Proposed Resolution Respectfully Submitted, DATED: 1/11 }03 ~ Abr t~ Scott Alan Bly, Esquire Attorney for Plaintiff 1 . BACKGROUND INFORMATION A. PARTIES HUSBAND NAME ADDRESS AGE DATE OF BIRTH PLACE OF BIRTH SOCIAL SECURITY NUMBER HEALTH EMPLOYER OCCUPATION LENGTH OF RESIDENCY IN PA EDUCATIONAL BACKGROUND WIFE NAME ADDRESS AGE DATE OF BIRTH PLACE OF BIRTH SOCIAL SECURITY NUMBER HEALTH EMPLOYER I.D. #71887 P.O. Box 341 Hershey, PA 17033 (717) 533-8315 Joseph P. O'Donnell 1402 Timber Chase Drive Mechanicsburg, PA 17050 48 July 19, 1954 San Diego, California 484-58-2407 Good PA Department of Transportation Pilot Since 1976 Associates Degree Connie E. O'Donnell 4103 Nantucket Drive Mechanicsburg, PA 17055 Hummelstown, PA 17036 51 September 4, 1951 Phillisburg, PA 177-44-3778 Good Dr. Pastucka OCCUPATION LENGTH OF RESIDENCY IN PA Dental Hygienist Since birth EDUCATIONAL BACKGROUND Bachelor's Degree B. CHILDREN NAME AGE DATE OF BIRTH CUSTODIAN C. MARRIAGE INFORMATION DATE OF MARRIAGE PLACE OF MARRIAGE DATE OF SEPARATION CIRCUMSTANCES OF SEPARATION December 19, 1993 New Cumberland, PA July 1, 2000 Irretrievable Breakdown D. PRIOR MARRIAGE WIFE Yes HUSBAND Yes E. CHILDREN OF OTHER RELATIONSHIPS/MARRIAGES WIFE Shana Slossberg Gretta Slossberg HUSBAND Claire O'Donnell Ashley O'Donnell F. PROCEEDINGS INFORMATION DATE ACTION COMMENCED January 9, 2001 DATE OF SERVICE OF COMPLAINT February 9, 2001 MANNER OF SERVICE OF COMPLAINT Certified Mail ISSUES RAISED IN Equitable Distribution DIVORCE COMPLAINT DATE PETITION FOR CLAIMS FILED October 8, 2002 ISSUES RAISED IN PETITION Equitable Distribution Alimony Support BIFURCATION PREVIOUSLY RESOLVED ISSUES None None 2. MARITAL ASSETS AND DEBTS The following is a listing of the marital assets and debts of the parties: ITEM NO. DESCRIP- TION TOTAL VALUE HUSBAND'S POSSES- SION WIFE'S POSSES- SION COMMENTS 1. REAL ESTATE LA 4193 Nantucket Drive, Appraisal Pending xx Defendant to buy Plain- tiff's half Mechanics burg, PA 17055 2. VEHICLES 2.A. 1995 $14,000 XX Wife to Audi buyout Husband's 1/2 interest. 2.B. 1987 $1,200 XX Husband Plymouth to buy Minivan out wife' 1/2 interest. 3 . BANK ACCOUNTS ITEM NO. DESCRIP- TION TOTAL VALUE HUSBAND'S POSSES- SION WIFE'S POSSES- SION COMMENTS 3.A. State $441.77 XX Husband Employees to retain Credit Union 3.B. Mid Penn $2,200.00 XX Wife to Bank retain. PENSIONS 4 . 4.A. State $26,860 XX Husband Employee to Retire- retain. ment 4.B. Robert $19,023 XX Wife to Baird retain Retire- ment ITEM NO. DESCRIP- TION TOTAL VALUE HUSBAND'S POSSES- SION WIFE'S POSSES- SION COMMENTS 5. LIFE INSURANCE POLICIES 5.A. Erie Term No value Life Insurance xx 6. HOUSEHOLD GOODS 6.A Miscell- $20,150 xx To be aneous divided household equally goods 6.B. Miscell- $250 XX pre- aneous marital household assets of good, husband 7. MISCELL- ANEOUS DESCRIP- TOTAL HUSBAND'S WIFE'S COMMENTS ITEM NO. TION VALUE POSSES- POSSES- SION SION 8 . DEBTS 8.A GMAC $119,775 Husband Mortgage (as of and wife mortgage 5/16/01) obligated on 4193 on Nantuck- mortgage et Drive, Mechan- icsburg, PA 8.B. First $8,717 In USA, (as of husband's credit 1/29/01) name card 8.C. MBNA $9,180 In America (as of husband's Bank, 1/29/01 ) name credit card 8.D. Provid- $4,813 In ian husband's Financ- name ial, credit card 8.E. Discover $4,945 In Credit (as of husband's card 1/29/01) name 8.F. Citibank $4,352 In Choice, (as of husband's credit 1/29/01 ) name card 8.G. PA State $10,000 In Credit (as of husband's Union, 1/29/01 ) name credit card 8.H. US $11,000 In Airways (as of husband's Federal 1/29/01) name Credit Union, unsecur- ed loan 8. I. US $7,000 In Airways (as of husband's Federal 1/29/01) name Credit Union, unsecur- ed loan 8.J. PA State $10,000 In Credit (as of husband's Union, 7/1/00) and secured wife's loan for name Audi 8.K. PA state $2,000 In Credit (as of husband's Union, 7/1/00) and credit wife's card name 8.L. Fleet, $4,500 In unsecur- (as of husband's ed loan 1/29/01) name 3. LISTING OF PERSONAL PROPERTY ITEMS RETAINED BY WIFE 1995 Audi VALUE $14,000 $20,150 DESCRIPTION All household furnishing Real property located at 4193 Nantucket Drive, Mechanicsburg, PA Unknown, appraisal pending ITEMS RETAINED BY HUSBAND DESCRIPTION 1987 Plymouth Minivan VALUE $1,200.00 $250.00 Pre-marital assets: bed, easel, sofa, cedar chest, kitchen table 4. LISTING OF NON-MARITAL PROPERTY The following is a listing of the non-marital assets of the parties: ITEM NO. DESCRIPTION BASIS OF EXCLUSION OWNER 1. Professional Husband has Husband Deck Sealing, 50% ownership Inc. in a corporation which has no value 2. Sofa pre-marital Husband asset 3. Bed pre-marital Husband asset 4 . Cedar Chest pre-marital Husband asset 5. Kitchen Table pre-marital Husband asset 6. Easel pre-marital Husband asset 5. PENSIONS The following is a listing of pensions of the parties: PARTY DESCRIPTION HUSBAND State Employees Retirement Account WIFE Robert W. Baird & Co. Retirement Account 6. INCOME AND EXPENSES The following is a listing of the income and expenses of the parties: PARTY DESCRIPTION AMOUNT HUSBAND GROSS MONTHLY INCOME Unknown NET MONTHLY INCOME Unknown MONTHLY EXPENSES Unknown PARTY WIFE DESCRIPTION AMOUNT GROSS MONTHLY INCOME $4,358.25 NET MONTHLY INCOME $3,097.14 MONTHLY EXPENSES $4,993.00 7. EXPERT WITNESSES Any experts who may be called to testify are not known at this time. If additional experts are retained, Plaintiff reserves the right to call them as witnesses upon proper notification to Defendant. None at this time. 8. NON-EXPERT WITNESSES I NAME I SUBJECT TO TESTIMONY Joseph O'Donnell History of marriage; identification and valuation of marital assets and debts; other relevant testimony relating to the factors set forth in the Divorce Code. Connie O'Donnell, as of cross History of marriage; identification and valuation of marital assets and debts; other relevant testimony relating to the factors set forth in the Divorce Code. Additional witnesses who may be called to testify are not known at this time. If such additional witnesses are identified, Plaintiff reserves the right to call them as witnesses upon proper notification to Defendant. 9. LISTING OF PROPOSED EXHIBITS The following is a listing of Exhibits which are anticipated to be submitted at the hearing in this case: NO. DESCRIPTION 1. Plaintiff's Income and Expense Statement Plaintiff's Inventory and Appraisement 2. If additional exhibits are identified, Plaintiff reserves the right to submit additional Exhibits upon proper notification to Defendant. 10. PROPOSED RESOLUTION A. EQUITABLE DISTRIBUTION Plaintiff proposes a 50/50 division of assets. B. ALIMONY Plaintiff proposes that no award for alimony be allocated. C. COUNSEL FEES AND COSTS Plaintiff proposes that each party is responsible for their own counsel fees. JOSEPH P. O'DONNELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 01-161 CIVIL TERM CONNIE EBBY O'DONNELL, Defendant IN DIVORCE DEFENDANT'S PRE-TRIAL STATEMENT Defendant, by her attorney, Samuel L. Andes, files this Pre-Trial Statement in accordance with Pa. R.C.P. 1920.33(b): 1. ASSETS. Attached hereto and marked as Schedule A is a list of the marital assets as known to Defendant/Wife. There has been a woeful lack of formal discovery and informal disclosure of assets and all of the assets have not been properly identified or valued up to now. Schedule A is the best information Wife can provide at this time. 2. EXPERT WITNESSES. Wife anticipates that, unless the parties can agree on the value of marital assets otherwise, the following expert witnesses will be required to testify at the hearing: A. A real estate appraiser, if necessary, to establish the reasonable value of the marital residence. B. A competent business appraiser to establish the value of Husband's interest in Professional Deck Sealing, Inc. C. A certified public accountant or other qualified expert to trace and determine the disposition made of the funds realized when Wife's pre-marital home was refinanced during the marriage. D. An actuary or other qualified expert to value Husband's interest in his pension with the Pennsylvania State Employees Retirement System and, if appropriate, the increase in value of his pre-marital pension benefits with US Air or any other retirement asset held by Husband. Wife retains the right to call additional witnesses as may be necessary to respond to Plaintiff's case in chief. Page 1 of 5 3. FACT WITNESSES. At this point Wife intends to call only herself as a fact witness. She reserves the right, however, to call witnesses to testify about the marital misconduct prior to separation of the Plaintiff/Husband and further reserves the right to call such additional witnesses as may be necessary to respond to Plaintiff's case in chief. 4. EXHIBITS. At the hearing Wife intends to introduce the following exhibits: A. Documents relating to the refinancing of her pre-marital residence. B. Tax returns for the parties and for Husband's corporation. C. Copies of statements showing the balance in financial accounts and assets. D. Documents relating to Husband's SERS pension. E. Paycheck stubs, expense statements, and other documents relating to her living expenses and income. F. Documents relating to any debts owed by the parties. Wife reserves the right to offer into evidence such additional exhibits as may be necessary to respond to Husband's case in chief. 5. INCOME STATEMENT. Attached hereto and marked as Schedule B is an Income and Expense Statement for Wife. 6. EXPENSE STATEMENT. Attached hereto and marked as Schedule B is an Income and Expense Statement for Wife. 7. PENSION INFORMATION. Wife's only retirement asset is the Baird IRA. She will establish the value of that by providing copies of statements showing the balance in the account at appropriate times. Husband has a retirement benefit with the State Employees Retirement System and Wife will call an expert witness, if necessary, to establish the value of the marital portion of that account. Wife also believes that Husband has a pre-marital retirement account with his former employer, US Air and, if she can obtain the information she needs to value the increase in that asset during the marriage, will call an expert witness to establish that value as well. Finally, Wife believes that Husband may have an account within the Commonwealth of Pennsylvania Deferred ::ompensation Plan and, if he does, will establish the value of that by introducing into ~vidence statements showing the balance in the account at various dates. Page 2 of 5 8. COUNSEL FEES. Wife has incurred substantial counsel fees and, at the hearing, will present testimony about the extent of those fees and the balance she owes on them. 9. PERSONAL PROPERTY. Wife believes that the parties have previously divided their personal property. To the extent that is not the case and Husband wishes to receive additional items in Wife's possession, or vice versa, she proposes to have the disputed items appraised and establish their value in that fashion. 10. MARITAL DEBTS. Other than the mortgage owed on the marital residence and the loan owed on her vehicle, Wife is not aware of any marital debts owed by the parties. 11. PROPOSED RESOLUTION OF ECONOMIC ISSUES. Wife proposes that she be awarded her pension, the residence on Nantucket Drive, the Audi automobile, the personal property and bank accounts and other assets currently in her possession, and a payment of $40,000.00 from Husband. She further proposes that Husband pay $500.00 per month alimony for an indefinite term and that she be awarded 50% of her counsel fees. Husband would retain his pension, his deferred compensation plan, his interest in Professional Deck Sealing, Inc., and any other marital assets in his possession which have been disclosed up to now. Samue . Andes Attorney for Defendant Supreme Court ID 17225 525 North 12th Street Lemoyne, PA 17043 (717) 761-5361 Page 3 of 5 SCHEDULE A - MARITAL PROPERTY DATE OF MARITAL AMOUNT :T VALUE VALUATION PORTION LIENS OF LIEN lence at 4193 Nantucket $150,000.00 June 2000 See Notes Mortgage $120,000.00 in Hampden Township owed to GMAC Mortgage and's 50% interest in Unknown June 2000 100% Unknown Unknown ssional Deck Sealing, md's benefits with Unknown February 2002 100% Unknown Unknown ly/vania State 'yees Retirement m md's interest in Unknown June 2000 Only increase Unknown Unknown nent plan or similar during marriage nent benefit with US Air is marital property , rollover IRA with $16,750.00 April 2001 Approximately No liens '1orthwestern Mutual three quarters of known this is marital and the rest was funded prior to the date of marriage od's account in Unknown June 2000 100% (if it No liens onwealth of exists) known <lvania Deferred ,nsation Plan 1998 Audi automobile $8,000.00 June 2000 100% Loan to $7,000.00 as PSECU of June 2000 aneous items of Unknown June 2000 50% No liens old furnishings known . Wife owned the residence on Nantucket Drive prior to the date of marriage and had substantial equity in time. During the marriage, the parties refinanced the property and, at that time, placed it into joint The net proceeds of that refinancing, after paying the cost of the refinancing and the balance owed on the tgage were used and expended by Husband. Wife has no knowledge of what came of those funds and that they were diverted to pay Husband's pre-marital debts, invest in his deck business, or otherwise were Jr his sole benefit. Page 4 of 5 2. Wife believes that there may be other assets, particularly in the form of investment accounts or :ial assets. which were obtained by the parties during the marriage, but are under Husband's control. Formal lery in the case has not been useful in producing complete information about those assets and so she is not J determine what assets exist or what value they have. She believes more discovery, or at least informal sure, is required to properly identify all of the assets. 3. Husband's interest in the corporation he owns with another person has not been valued to date and s not, as yet at least, adequate financial information with which that asset can be valued. Wife is aware Ie business owns substantial assets, including the motor vehicle that Husband operates for his personal use, lnerates income to the other owner and. perhaps, to Husband. Again, far more discovery or voluntary lure is required to obtain information from with which that asset can be valued. Page 5 of 5 JOSEPH P. O'DONNELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 01-161 CIVIL TERM CONNIE EBBY O'DONNELL, Defendant IN DIVORCE INCOME AND EXPENSE STATEMENT QE CONNIE EBBY O'DONNELL INCOME Defendant is employed by Martin J. Pastucka as a dental assistant and hygienist. -Jer earnings from that employment, every two weeks, are as follows: Gross Earnings $1,284.00 Less: Federal Income Tax FICA Medicare Tax Pennsylvania Income Tax Local Income Tax Retirement $110.00 $79.61 $18.62 $35.95 $12.84 $25.00 Total Deductions ($282.02) Pay net of taxes and deductions $1,001.98 lat averages $2,170.96 per month. Attached hereto and marked as Exhibit A is a copy a recent paycheck stub confirming the above information. EXPENSE Attached hereto and marked as Exhibit B is a list of Defendant/Wife average monthly living expenses. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Date: CONNIE EBBY O'DONNELL M~RJIN J. PASTUCKA o/Bl A MARTIN J. I'ASlUCKA DDS PAYROLL ACCOUNT PEflIODfNolNG EMP. NAME ""'...... """"" _rn. -'" I~ ~ TOTA1.EARNINOS... ~ '.I.CATA>< "',9"( Iii! WfTHHOLDlNll ./: C ~~.==:::' t' 6'" Ii 'EC.W"H. 'VA ~ HOLDlNGTAX rv ~SiATEW"". -:1.$"&r- 16i'i HOLDINGrAx J~'J,'" F 1;I..:inj ~~ 7","1' TOTAlQ!!'.Iil,~NS NET,PAY -~....,.~... /l8'f /lfd Ilf~1 ft EXPENSE STATEMENT WORKSHEET EXPENSES HOME Mortgage / Rent Maintenance Electric Gas Telephone Water Sewer EMPLOYMENT Lunch INSURANCE Automobile AUTOMOBILE Fuel Repairs MEDICAL Doctor Medicine Special needs (glasses, braces, orthopedic devises) PERSONAL Clothing Food Barber / Hairdresser :redit Payments: Credit Card :harge Account iousehold Supplies 1115.00 50.00 60.00 80.00 44.00 40.00 37.00 70.00 62.00 60.00 50.00 25.00 68.00 25.00 100.00 250.00 20.00 100.00 100.00 MONTH MISCELLANEOUS Papers I Books I Magazines Entertainment Pay TV Vacation Gifts Legal Fees TOTAL EXPENSES 20.00 120.00 36.00 100.00 50.00 50.00 $2.732.00 JOSEPH P. O'DONNELL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 01-161 CIVIL TERM CONNIE E. O'DONNELL Defendant C (B 'f) CIVIL ACTION - DIVORCE MOTION FOR APPOINTMENT OF MASTER Joseph P. O'Donnell, Plaintiff, moves the court to appoint a master with respect to the following claims: (x) Divorce () Annulment (x) Alimony (x) Alimony Pendente Lite (x) Distribution of Property (x) Support () Counsel Fees (x) Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claim(s) for which the appointment of a master is requested. (2) The Plaintiff has appeared in the action by his attorney, Scott Alan Bly, Esquire. (3) The statutory grounds for divorce are Section 3301(c) and in the alternate Section 3301(d) of the Divorce Code. (4) The action is contested with respect to the following claims: Spousal Support Alimony Alimony Pendete Lite Distribution of Retirement Accounts Distribution of Personal Property Values of household items Distribution of Real Property Value and Equity in Real Property (5) The action does not involve complex issues of law or fact. (6) The hearing is expected to take 0.5 days. (7) Additional information, if any, relevant to the motion: None Date: ()(f~(~ I(-- I)PO v ~~ {J~ 8} Attorney for ~ Plaintiff Scott Alan Bly I.D. 71887 P.O. Box 341 Hershey, PA 7033 (717) 533-8315 fax (717) 533-0255 (--; :..,;, --:) ~ 'J: -; .' JOSEPH P. O'DONNELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01 - 161 CIVIL CONNIE E. O'DONNELL, a/k/a: CONNIE E. EBY, Defendant IN DIVORCE TO: Scott Alan Bly , Attorney for Plaintiff Samuel L. Andes Attorney for Defendant DATE: Thursday, October 17, 2002 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. ~~ DATE ~~k~ COUNSEL FOR PLAIdTIFF COUNSEL FOR DEFENDANT (~j ( ) NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. JOSEPH P. O'DONNELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 01-161 CIVIL TERM CONNIE EBBY O'DONNELL, Defendant IN DIVORCE CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant, Connie Ebby O'Donnell, certifies that: 1. A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty (20) days prior to the date on which the subpoena is sought to be serve. 2. A copy of the notice of intent, including the proposed subpoena, is attached to this certificate. 3. No objection to the subpoena has been received. 4. The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 2. Rp.-;t 2m:?> Sam el L. Andes Attorney for Defendant Supreme Court ID # 17225 525 North 12th Street Lemoyne, PA 17043 (717) 761-5361 I JOSEPH P. O'DONNELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 01-161 CIVIL TERM CONNIE EBBY O'DONNELL, Defendant IN DIVORCE NOTICE TO: Custodian of Records Commonwealth of Pennsylvania State Employees' Retirement System 30 North 3'd Street, Room 319 Harrisburg, PA 17101 You are required to complete the following Certificate of Compliance when producing documents or things pursuant to the Subpoena: CERTIFICATE OF COMPLIANCE WITH SUBPOENA TO PRODUCE DOCUMENTS OR THINGS PURSUANT TO RULE 4009.23 I, , certify to the best of my knowledge, information and belief, that all documents or things required to be produced pursuant to the subpoena issued on have been produced. DATE: COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NO. 01-161 CIVIL TERM JOSEPH P. O'DONNELL, Plaintiff CONNIE EBBY O'DONNELL, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records Commonwealth of Pennsylvania State Employees' Retirement System 30 North 3rd Street, Room 31 9 Harrisburg, PA 17101 Within twenty (20) days after service of this subpoena, you are ordered by the Court to produce the following documents or things: copies of annual benefit statements for Joseph P. O'Donnell (SSN: 484-58-2407) for the calendar years 1999,2000,2001, and 2002 at: the law office of Samuel L. Andes at 525 North 12th Street, Lemoyne, Pennsylvania. You may deliver or mail legible copies of the documents or things requested by this subpoena together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies of producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Samuel L. Andes, Esquire 525 N. 12Th Street, Lemoyne, PA 17043 (717) 761-5361 BY THE COURT, " DATE: IJr a/LL/?' f' 2<76 Seal of the Court ,g~(. ,,'-~.-I .; ~< v:;:~~honotqry , tI /' . ./.. /'/' . / " " . //~? :/f;zj;;;, {fI1 /~//1 J 0f( ',./{'lJ.tA II JOSEPH P. O'DONNELL, Plaintiff vs. } ) ) ) ) ) } } IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CONNIE EBBY O'DONNELL, Defendant NO. 01-161 CIVIL TERM IN DIVORCE PLAINTIFF'S MOTION TO COMPEL AND NOW comes the above-named Defendant, by her attorney, Samuel L. Andes, and moves the Court to compel the Plaintiff to answer Defendant's discovery in this matter, based upon the following: 1. The moving party herein is the Defendant. The responding party is the Plaintiff. 2. The parties were married in 1993 and separated in about 2000. During the time they were married they acquired marital assets. 3. This action was commenced in 2001 by Plaintiff. Since the commencement of the action, Defendant has been attempting to obtain information about the financial assets of the parties so that she can prepare this case for negotiation or litigation. Defendant's efforts to gain that information informally have not been successful. 4. In February of 2003, Defendant served upon Plaintiff formal discovery requests which consisted of the following: A. Plaintiff's Interrogatories to Defendant. A copy of those Interrogatories is attached hereto and marked as Exhibit A. II B. A Request for Production of Documents and Things, a copy of which is attached hereto and marked as Exhibit B. 5. The discovery requests were served upon Plaintiff's counsel of record on or about 27 February 2003. 6. To date, Plaintiff and his attorney have made no response and filed no objections to Defendant's discovery requests. 7. The case is currently scheduled for a pre-trial conference with the Master at the end of June. Defendant needs the information requested in her discovery requests prior to that time so that she can properly prepare for the pre-trial conference and any later hearing. Without that information, Defendant is being unfairly prejudiced. WHEREFORE, Defendant moves this Court to enter an order directing Plaintiff to answer her Interrogatories and her Request for Production of Documents immediately upon service of the Court's order. I verify that the statements made in this Motion to Compel are true and correct. I understand that any false statements in this Petition are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). S uel L. Andes Attorney for Defendant Supreme Court ID 17225 525 North 12th Street Lemoyne, PA 17043 (717) 761-5361 " CERTIFICATE OF SERVICE I hereby certify that I served the foregoing Motion to Compel upon counsel for Plaintiff herein by U.S. Mail, postage prepaid, return receipt requested: Scott Alan Sly, Esquire P.O. Sox 341 Hershey, PA 17033 DATE: 28 May 2003 ~ JOSEPH P. O'DONNELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 01-161 CIVIL TERM CONNIE EBBY O'DONNELL, Defendant IN DIVORCE PLAINTIFF'S INTERROGATORIES TO DEFENDANT TO: Joseph P. O'Donnell c/o Scott Alan Bly, Esquire P.O. Box 341 Hershey, Pa 17033 PLEASE TAKE NOTICE that you are required, pursuant to Pa. R.C.P. 4005 and 4006, to file the original with the Court and serve a copy on the undersigned, of your Answers to the within Interrogatories within thirty (30) days after service of same. Each Interrogatory shall be answered fully and completely, in writing and under oath. If there is insufficient space to answer an interrogatory, the remainder of the answer shall follow on a supplemental sheet. These Interrogatories shall be continuing in nature. If, at any time subsequent to the filing of your original answers, you or anyone acting on your behalf should learn or be made aware of additional information requested but not contained in your original answers, then you shall promptly file a Supplemental Answer containing the same. DATE: 27 February 2003 Sam . Andes Attorney for Defendant Supreme Court ID # 17225 Post Office Box 168 Lemoyne, PA 17043 (717) 761-5361 Exhibit ~ I! INSTRUCTIONS AND DEFINITIONS The following Instructions and Definitions form an integral part of these Interrogatories, and the Interrogatories are to be read and answered in accordance with these Instructions and Definitions. I. DOCUMENT The term "document" means any written, printed, typed, or other graphic matter of any kind or nature, however produced or reproduced, whether sent or received or neither, including drafts and copies bearing notations or marks not found on the original, and includes, but is not limited to: (a) All contracts, agreements, representations, warranties, certificates, opinions; (b) All letters or other forms of correspondence or communication, including envelopes, notes, telegrams, cables, telex messages, messages (including reports, notes, notations, and memoranda of or relating to telephone conversations or conferences); (c) All memoranda, reports, financial statements or reports, notes, transcripts, tabulations, studies, analyses, evaluations, projections, work papers, corporate records or copies thereof, lists, comparisons, questionnaires, surveys, charts, graphs, summaries, extracts, statistical records, compilations; (d) All desk calendars, appointment books, diaries; (e) All books, articles, press releases, magazines, newspapers, booklets, circulars, bulletins, notices, instructions, manuals; (f) All minutes or transcripts of all meetings; and (g) All photographs, microfilms, phonographs, tapes or other records, punch cards, magnetic tapes, disks, datacells, drums, printouts, and other data compilations from which information can be obtained. II. COMMUNICATION The term "communication" means not only oral communications, representations, or warranties, but also any documents (as such term is defined in Section I above), whether or not such document or the information contained therein was transmitted by its author to any other person. /II. IDENTIFY; IDENTITY; IDENTIFICATION When used in reference to a natural person, the terms "identify", "identity", or "identification", mean provide the following: (a) Full name; (b) Present or last known business and residence addresses; (c) Present or last known business affiliation; and (d) Present or last known business position (including job functions, duties, and responsibilities). When used with reference to any entity other than a natural person state: (a) Its full name; (b) The address of its principal place of business; (c) The identity of all individuals who acted and/or who authorized another to act on its behalf in connection with the matters referred to; (d) In the case of a corporation, the names of its directors and principal officers; and (e) In the case of an entity other than a corporation, the identities of its partners or principals or all individuals who acted or who authorized another to act on its behalf in connection with the matters referred to. When used in reference to a document, the terms "identify", "identity", or "identification" mean provide the following: (al The nature of the document (e.g. letter, contract, memorandum) and any other information (i.e. its title, index, or file number) which would facilitate in the identification thereof; (b) Its date of preparation; (c) Its present location and the identity (as defined previously herein) of its present custodian or, if its present location and custodian are not known, a description of its last known disposition; (d) Its subject matter and substance or, in lieu thereof, annex a legible copy of the document to the answers of these Interrogatories; (e) The identity (as defined previously herein) of each person who performed any function or had any role in connection thereof (Le. author, contributor of information, recipient, etc.) or who has any knowledge, thereof together with a description of each such person's function, role, or knowledge; and (f) If the document has been destroyed or is otherwise no longer in existence or cannot be found, the reason why such document no longer exists, the identity (as defined previously herein) of the people responsible for the document no longer being in existence and of its last custodian. When used in connection with an oral communication, the terms "identify", "identity" or "identification" mean provide the following information: (a) General nature (i.e. conference, telephonic communication, etc.); (b) The time and place of its occurrence; (c) Its subject matter and substance; (d) The identity (as defined previously herein) of each person who performed any function or had any role in connection therewith or who has any knowledge thereof together with a description of each such person's function, role, or knowledge; (e) The identity (as defined previously herein) of each document which refers thereto or which was used, referenced to, or prepared in the course or as a result thereof; and IV. DESCRIBE; DESCRIPTION When used with respect to any act, action, accounting, activity, audit, practice, process, occurrence, occasion, course of conduct, happening, negotiation, relationship, scheme, transaction, instance, incident or event, the terms "describe" or "description" mean provide the following information: (a) Its general nature; (b) The time and place thereof; (c) A chronological account setting forth each element thereof, what such element consisted of, and what transpired as part thereof; (d) The identity (as defined previously herein) of each person who performed any function or had any role in connection therewith or who has any knowledge thereof together with a description of each such person's function, role, or knowledge; (e) The identity (as defined previously herein) of each document which refers thereto or which was used, referenced to, or prepared in the course or as a result thereof; and (f) The identity (as defined previously herein) of each oral communication which was a part thereof or referenced thereto. When used in connection with any calculation or computation, the terms "describe" or "description" mean provide the following information: (a) An explanation of its meaning; (b) An explanation of the manner in which it was derived; (c) The identity (as defined previously herein) of each person who performed any function with respect thereto and a description of his function; (d) The identity of each document (as defined previously herein) which refers thereto or which was used, referenced to, or prepared in the course or as a result thereof; and (e) The identity (as defined previously herein) of each oral communication which occurred in the course of the preparation thereof or which referred thereto. V. FACTUAL BASIS The term "factual basis" means: (a) Set forth each item of information upon which the allegation, contention, claim, or demand to which it pertains is based; and (b) With respect to each such item of information, identify each person having knowledge thereof and identify and describe (as defined previously herein) each source thereof. VI. RELATES TO; THERETO The terms "relates to", "relating to", or "thereto" when used in connection with any act, action, activity, account, practice, process, occurrence, occasion, course of conduct, contractual provision or document, happening, relationship, scheme, conference, discussion, development, service, instance, incident, event, means used or occurring or referred to in the preparation therefor, or in the course thereof, or as a consequence thereof, or referring thereto. VII. PERSON The term "person" means all natural persons, corporations, partnerships, or other business associations, public authorities, municipal corporations, state governments, local governments, all governmental bodies, and all other legal entities. INTERROGATORIES 1. Please identify all pension plans, retirement plans, or similar benefits in which you are enrolled or have been enrolled at any time in the past or for which you are due, now or at any time in the future, payments or benefits. For each such entity, please provide the name and address of the administrator of such plan. 2. Are you now or have you ever been a participant in or beneficiary of the deferred compensation plan offered by the Commonwealth of Pennsylvania? If you have been, please provide the dates during which you were such a participant or beneficiary. 3. Please identify what portion of the business Professional Deck Sealing, Inc. you owned as of 31 May 2000 and what portion of that business you currently own. Please provide the names and addresses, and the percentage of ownership, of all other persons owning an interest in such business on both of those dates. I' 4. Please specifically identify what disbursements or expenditures you made, or were made by you and the Defendant or anyone on your behalf, from the proceeds of the refinancing of the residence at 4193 Nantucket Drive which was done sometime after the date of your marriage and prior to the date of your separation. Please specifically identify all bank accounts from which such disbursement or payments were made. COMMONWEALTH OF PENN5YL VANIA ) ( 5S.: ) COUNTY OF Personally appeared before me, the undersigned, a Notary Public in and for the Commonwealth and County aforesaid, deponent, who being duly sworn according to law, deposes and says that the answers contained in the foregoing Interrogatories are true and correct to the best of his knowledge, information and belief. Joseph P. O'Donnell Sworn and subscribed to before me this of day ,2003. Notary Public CERTIFICATE OF SERVICE I hereby certify that I served an original and two copies of the foregoing Interrogatories upon counsel for Plaintiff herein by certified mail, postage prepaid, return receipt requested: Scott Alan Bly, Esquire P.O. Box 341 Hershey, Pa 1 7033 DATE: 27 February 2003 Q~~/-+tUL ILD Secretary for Samuel L. Andes II I , '. . '. . JOSEPH P. O'DONNELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW CONNIE EBBY O'DONNELL, Defendant NO. 01-161 CIVIL TERM IN DIVORCE REQUEST FOR PRODUCTION OF DOCUMENTS AND THINGS TO: Joseph P. O'Donnell c/o Scott Alan Bly, Esquire P.O. Box 341 Hershey, Pa 17033 You are requested, in accordance with Pa. R.C.P. 4009, to deliver to the office of the undersigned at 525 North 12th Street, Lemoyne, Pennsylvania, or otherwise make arrangements reasonably satisfactory to the undersigned, for his inspection or examination, copies of the following documents, articles, and things, within twenty (20) days of the date of this Request. For purposes of this Request, all computer records and information available on computer records or within computer programs, should be included within the Request for Production. That is, this Request is not limited to documents or "hard copies" of records, but should include computer records, tapes, disks, and other media as well as paper documents. 1. Copies of statements of benefits for the years 1999, 2000, 2001, and 2002 for your benefits within the State Employees Retirement System or any other pension or retirement benefit you have at this time or in which you had an interest in June of 2000. 2. Copies of statements showing the balance in the deferred compensation Iccount, or any similar tax-deferred benefit you have as a result of your employment howing the balance in or value of such account as of 30 June 2000 and as of the most Bcent date available. II , '. . '. '. . 3. Copies of federal and state income tax returns for Professional Deck Sealing, Inc. for 2001 and 2002. 4. A copy of your federal and state income tax return for 2002 when they are filed and, if they have not yet been filed, copies of W-2 Statements, 1099 Statements, K-1 Schedules, and all other documents you have which reflect income you received in tax year 2002. 5. Copies of your last four paycheck stubs. 6. All documents in your possession reflecting any retirement benefits you have with US Air or any similar entity for which you worked in the past. 7. Copies of statements showing the balance in or value of any other bank, credit union, mutual fund, or other financial account held for you or by you as of 31 December 2002. '"i ~-, ~~ am L. Andes Attorney for Defendant Supreme Court ID 17225 525 North 12th Street Lemoyne, PA 17043 (717) 761-5361 n c: r--. ..,-, . r,. ~>' ~ (d'- ~:'\- j;. ,,-..., y. , -, , . .. , JOSEPH P. O'DONNELL, : Plaintiff v. CONNIE EBBY O'DONNELL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW NO. 01-161 CIVIL TERM ORDER OF COURT AND NOW, this 9th day of June, 2003, upon consideration of Plaintiff's [Defendant's] Motion To Compel, a Rule is hereby issued upon Plaintiff to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. htt Alan Bly, Esq. P.O. Box 341 Hershey, PA 17033 Attorney for Plaintiff /S"amuel L. Andes, Esq. P.O. Box 525 Lemoyne, PA 17043 Attorney for Defendant :rc BY THE COURT, ictt(JoJi ?esley ~ J~., . J. C~ ) 1\ ~'{.') 3 0,0 D"\ , "-_/ , " -',' ....,:>- -~ - ~'\!(':~) ,..;1 II DR 30798 PACSES ID 723103605 JOSEPH P. O'DONNELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW DOMESTIC RELATIONS SECTION CONNIE EBBY O'DONNELL, Defendant NO. 01-161 CIVIL TERM DEFENDANT'S PETITION TO MODIFY ORDER FOR ALIMONY PENDENTE LITE AND NOW comes the above-named Defendant, by her attorney, Samuel L. Andes, and petitions the court to modify its order of alimony pendente lite, dated 5 October 2001, based upon the following: 1. The Petitioner herein is the Defendant. The Respondent herein is the Plaintiff. 2. On 5 October 2001 this court, upon the agreement of the parties, entered an order which requires the Plaintiff to pay the Defendant alimony pendente lite. A copy of that order is attached hereto and marked as Exhibit A. 3. Since the entry of that order, the financial circumstances between the parties have changed significantly. Specifically, Plaintiff without prior notice, has terminated the medical insurance coverage on Defendant provided by Plaintiff's employer. That change will require Defendant to obtain her own insurance coverage, at a significant additional expense. In addition, Defendant believes that Plaintiff's income has increased significantly since the order was entered. 4. Based upon the change in circumstances, Defendant requests that the order for alimony pendente lite be reviewed, modified, and increased and be further modified to include a provision requiring Plaintiff to maintain health insurance on Defendant during the existence of this order. WHEREFORE, Defendant prays this court to amend and modify the order of alimony pendente lite consistent with this petition. ?~ Sa uel L. A s Attorney for Defendant Supreme Court ID 17225 525 North 12th Street Lemoyne, PA 17043 (717) 761-5361 II VERIFICATION I verify that the statements made in this Petition are true and correct. I understand that any false statements in this Petition are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities), Date: ft/~1J03 ~~_ {U, (!J~~ CONNIE EBBY O'DONNe II I , CERTIFICATE OF SERVICE I hereby certify that I served an original of the foregoing Petition upon counsel for the Plaintiff herein by regular mail, postage prepaid, addressed as follows: Scott Alan Bly, Esquire 42 East Main Street Mechanicsburg, PA 17055 Date: 27 June 2003 (\mll\.fn.~) A';; M:~arkins Secretary for Samuel L. Andes DR 30798 PACSES ID 723103605 JOSEPH P. O'DONNELL, Plaintiff/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. DOMESTIC RELATIONS SECTION CIVIL ACTION - LAW CONNIE EBBY O'DONNELL, Defendant/Petitioner NO. 01-161 CIVIL TERM ORDER OF COURT AND NOW, this 5th day of October, 2001, based upon the Court's determination that Petitioner's monthly net income/earning capacity is $N/A and Respondent's monthly net income/earning capacity is $N/A, it is hereby Ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit, $400.00 per month payable monthly as follows; $400.00 per month for alimony pendente lite and $0.00 on arrears. First payment due on or before the 10th day of each month. Arrears set at $400.00 as of October 4,2001. The effective date of the order is October 1,2001. This order is based upon an agreement of the parties. 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, ifthe Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and its discretion make an appropriate Order, including, but not limited to, commitment of the Respondent to prison for a period not to exceed six months. Said money to be turned over by the PA SCDU to: Connie O'Donnell. 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, P A 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. Exhibtt ~ Respondent to provide medical insurance coverage. 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 /0./0.01 to: < BY THE COURT, Petitioner Respondent Samuel Andes, Esquire Scott Sly, Esquire /~. l' I / / /"/ /I tt>/'---;? C./ 0/1 feSley Oler, Jr. l.7 '1{.. J. AGREEMENT THIS AGREKMENT is made thisl<:~iay of September 200 I, between: JOSEPH P. O'DONNELL (hereinatier "Husband"); and , CONNIE E. O'DONNELL (hereinal1er "Wite"). WHEREAS, the parties hereby agree that Husband shall pay to Wife, through the Domestic Relations Otlice of Cumberland County and pursuant to an attachment of his wages from the Commonwealth of Pennsylvania to be administered through that office, the sum of 5AOO.00 per month, effective on the tirst day or_DCT..l3~~__2001. The parties agree that the said Domestic Relations Office shall enter such order pursuant to this agreement requiring those payments and further agree thai such order shall remain in full force and effect until either of the parties requests that the order be I11t)ditied or amended, or until the parties are divorced from the bonds of matrimony In addition, Husband shall pay to Wife, through the Domestic Relations Omce, the amount of$ -0- per month on any arrearages owed on the order after giving Husband credit in the amount of $400 00 for a payment he made directly to Wife in late August of2001. IN WITNESS WHEREOf' the parties have set their hands and seals to this Agreement the day and year tirst above written, ,:-~~ ~1lal{O 6, Witness T ~..,.. ~-'\~ . """\, ..i \ 1\ i' ""', I ~ .~c:--- I-.J _~_, , ____~=-t) WitnesS' . ( , . n..c--, ~i '0/ (/\ ,. t W . ^ r~'~"1-:'\;-- J se~~ O'Donnclf _C~ O~~{g Connie E. O'Donnell r:, o ~ --< r :.r- -\- d C7 b (") c- u';;'-' n'!(" ",2- :? u> f~ ' :s: ," f j'" o c_; ( C~. '..~:'" ::::l CD JOSEPH P. O'DONNELL, Plaintiff/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA VS. CIVIL ACTION - DIVORCE CONNIE E. O'DONNELL, Defendant/Petitioner NO. 2001-161 CIVIL TERM IN DIVORCE Pacses# 72310360, ORDER OF COURT AND NOW. this 10th day of July, 2003, 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 before R.J. Shaddav on AUllust 8. 2003 at 10:30A.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 be entered. YOU are further ordered to bring to the conference: (I) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) montbs (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.111(;) (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, George E. Hoffer, President Judge Mail copies on 7-10-03 to: Petitioner < Respondent Samuel Andes, Esquire iJ /l' /lli _.L~'7r 1"\ ~ R. J. adday, Conference Officer ( Date of Order: Julv 10. 2003 YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 CC361 {;tf /e,. o ~ .. .__r; -:) (}; In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION CONNIE E. O'DONNELL ) Docket Number 01-161 CIVIL Plaintiff ) vs. ) PACSES Case Number 723103605 JOSEPH P. O'DONNELL ) Defendant ) Other State ID Number ORDER OF COURT - APPEAR AT A MODIFICATION CONFERENCE o Initial Conference @ Rescheduled Conference You, JOSEPH P. O'DONNELL , Respondent have been sued in Court to modify an existing support order. You, JOSEPH P. O'DONNELL Respondent, and You, ~ \ B -'s..,., t.- Petitioner, are ordered to ap~in ~on ,..- .P ::C)~, .J~:C -1'1 _i'fi_ ',:10 ..):~:~rn -0 CONNIE E. O'DONNELL at CUMBERLAND CO DRS 13 NORTH HANOVER STREET, CARLISLE, PA. 17013 ---:; .,.. -.:~ .'~ "e".,; ~ U1 ($) on the 28TH DAY OF AUGUST, 2003 at 10: 30AM for a conference and remain until dismissed by the Court. If the Petitioner of this action fails to appear as provided in this Order, this petition may be dismissed. If the Respondent of this action fails to appear as provided in this Order, an Order for Modification may be entered against the Respondent. You are further required to bring to the conference: I. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income and Expense Statement attached to this order as required by Rule 1910.11 ( c). 4. verification of child care expenses, and 5. proof of medical coverage which you may have, or may have available to you, Service Type M Form OM-503 Worker ID 21205 O'DONNELL V. O'DONNELL PACSES Case Numbet: 723103605 THE APPROPRIATE COURT OFFICER MAY MODIFY OR TERMINATE THE EXISTING ORDER IN ANY MANNER BASED UPON THE EVIDENCE PRESENTED. If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest or enter an order in your absence. If paternity is an issue, the court may enter an order establishing paternity. An appropriate order may be entered against either party based upon the evidence presented without regard to which party initiated the support action. BY THE COURT: Date of Order: JUL 2 4 2003 ~{{;~Eg:o/2 RIDGE 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 co BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 240-6225. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the schedule>> conference. I r'" ' XiI; /~ u'<.dUJ) ,T7-L~ Service Type M Page 2 of2 Form OM-503 Worker ID 21205 C' c:) 0 .;-- (.....'> " -oU- r- m,' ~. ,.'j' =>: c L.) /.- ,,? :!? (=, r~: : ~-) ~-:; -p .:.... J c") :<- ~) :"n , ., 'Jl :\) CD -< Jul-24-03 04:59P Irwin Law Office 717+243+9200 P.02 NATHIlJI Co WOLI'. UGUIIII An_NIY ID NO. 17311. as BMT HIOM aTUIT CJUlLISU ~A 17013 (7f7) -...0 ATTOIUHY I'OR D.P..DAMY "08~P" ... O'DONN~LL. : IN TH~ COURT OF COIIMON "L~A8 OF Plaint'" : CUMB~RLAND COUNTY, ...NNSYLVANIA va. : CIVIL ACTION. LAW CONNI!! ~. O'DONN~LL. : 2001.161 CIVIL T.RM u.tend.nt ,IN DIVORCE PRAECIPE FOR WITHDRAW AND ENTRY OF APPEARANCE OF COUNSEL OF RECORD TO THE PROTHONOTARY: Please withdraw the appearance of SCOTT A. BL Y. ESQUIRE. as altomey of record for the defendant in this matter. July dk. 2003 \....\ :'Fo~ ~to", ~l SCOTT A. BL Y, ESQUIRt P.O. Box 341 Hershey, PA 17033 717-533-8315 Please enter the appearance of NATHAN C. WOLF. ESQUIRE. as attorney for the defendant in this matter. July i. 2003 ~/N:,. MAN C. WOLF, ESQUIRE ( .,351:ast High Street . Carlisle, PA 17013 717-243-6090 SUPREME COURT ID #87380 ce: Samuel L. Andes. Esquire -,.,:' n'\; ;:: ~ ~-1 ~ r::- :.. ...;-. ~:o. _ ~(:" -" , (') ,-= ..< :..v (X! JOSEPH P. O'DONNELL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 01-161 CIVIL TERM CONNIE EBBY O'DONNELL, Defendant CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO WITHDRAW I, Scott Alan Bly, Esquire, file this Praecipe to Withdraw as counsel for the Plaintiff in the above-captioned matter. Date: \~) \0 \\}~ Respectfully submitted, \'\~ ~\~\)\ ~\ Scott Alan Bly ~ Attorney for Defendant I.D. #71887 P.O. Box 341 Hershey, PA 17033 (717) 533-8315 r_' .~~;, C,:) <.-'.J C::J , ,,; c C) -n :~- ,._,..:; .: . . , r~.- nj l.:~' ~ (:) -r, -I.; r--- In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION COl'lNIE E. O'DONNELL ) Docket Number 01-161 CIVIL Plaintiff ) vs. ) PACSES Case Number 723103605 JOSEPH P. O'DONNELL ) Defendant ) Other State ID Number ORDER AND NOW, to wit on this 28TH DAY OF AUGUST, 2003 IT IS HEREBY ORDERED that the 0 Complaint for Support or 0 Petition to Modify or 0 Other filed on JULY 02, 2003 in the above captioned matter is dismissed without prejudice due to: THE PLAINTIFF WITHDRAWING HER PETITION FOR MODIFICATION. o The Complaint or Petition may be reinstated upon written application of the plaintiff petitioner. BY THE COURT: RJ Shadday xc plaintiff defendant Nathan Wolf. Esquire Sanuel Andes. Esquire ... 1....Mt,~~,ltr-"r,,; ~ 9~.a~{)3 Ii!!~d( JUDGE Service Type M Form OE-506 Worker ID 21005 o c ~;r ~:'l 0) ~';,:~ ' j< "';';3 c:.:> C_) ..., ',"1 :~, ::; , BRADLEY S. WHISTLER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Vs. NO. 00 - 4655 CIVIL KRISTINA M. WHISTLER, Defendant IN DIVORCE ORDER OF COURT AND NOW, this !o A- day of ~bLJ, 2003, the parties having previously been divorced by decree entered May 19, 2003, and the parties and counsel having entered into agreements and stipulations resolving the economic issues on July 10, 2003, and September 9, 2003, the agreements and stipulations having been transcribed and subsequently signed by the parties and counsel, the appointment of the Master is vacated. BY THE COURT, Cc: Lisa M. Greason Attorney for Plaintiff Andrew C. Sheely Attorney for Defendant ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsvlvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 07/30104 Tribunal/Case Number (See Addendum for case summary) o Original Order/Notice o Amended Order/Notice o Terminate Order/Notice COMMONWEALTH OF PA clo PAYROLL OPERATIONS ATTACHMENTS RESEARCH UNIT PO BOX 8006 HARRISBURG PA 17105-8006 RE: O'DONNEL]~, JOSEPH P. Employee/Obligor's Name (last, First, MI) 484-58-2407 Employee/Obligor's Social Security Number 5697000033 Employee/Obligor's Case Identifier (See Addendum for plaintiff names M tJ.$tJ I - / f.,1 (' f/ associated with cases on attachment) j)i?(!<;fS. 1;t~//~~oSCustodial Parent's Name (last, First, MI) EmployerMithholder's Federal EIN Number See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMA TION: This is an Order/Notice to Withhold Income fOl" 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. $ 400.00 per month in current support $ 0.00 per month in past-due support Arrears 12 weeks or greater? Oyes <Xl no $ 0.00 per month in medical support $ 0 . 00 per month for genetic test costs $ per month in other (specify) for a total of $ 400.00 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: $ 92.31 per weekly pay period. $ 184.62 per biweekly pay period (every two weeks). $ 200.00 per semimonthly pay period (twice a month). $ 400.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydateJdate of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's! obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #10 on pg. 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PA YMENTS MUST INCLUDE THE DEFENDANT'S NAME ,4ND THE PACSES MEMBER ID (shown above as the EmployeeJObligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. "'""'11 E ,_~,_, THE COURT: AUG - 2 2004 d - 3 -tJ f . ::;z,..ou- Form EN-028 Worker ID $IATT Date of Order: Service Type M OMB No.: 0970-015 ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS o If ~hecked you are required to prpvide a ~opy of this form to your employee. If yoV' employee works in a state that is ditterentfrom 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-{)wned 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.* ~~~~~~':: :~~~~~t~ O;\~;t1,hold;~lg. You ",",[ rep61t tl,. pA,dat",'date of "ilhl,old;"g "I,,,, sel,oil,g t1,e pa,I,,',,!. TI,e pa,oak/dat" vf "itl.l,oldit,g ;'11-., dAle 0" "I,;d, ",,,6",,[ "as "itl,l,dd (,01" II,e [,,,plo,ee's "age,. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 5. * Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #10 below) 6. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. WITHHOLDER'S ID: 2321722990 EMPLOYEE'S/OBLlGOR'S NAME: EMPLOYEE'S CASE IDENTIFIER: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: O'DONNELL. JOSEPH P. 5697000033 DATE OF SEPARATION: 7. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 8. Liability: If you fail to withhold income as the Order/Notice directs. you are liabie 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 Jaw of the State in which he or she is employed governs. 9. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 10. * Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.c. 91673 (b)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 17013 If you or your employee/obligor have any questions, contact WAGE ATIACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (7171 240-6248 or by internet www.childsupport.state.pa.us Service Type M Page 2 of 2 Form EN-028 Worker ID $IATT OM6 No.; 0970-0154 ADDENDUM Summary of Cases on Attachment Defendant/Obligor: 0' DONNELL, JOSEPH P. PACSES Case Number 723103605 Plaintiff Name CONNIE E. O'DONNELL Docket Attachment Amount 01=-i61CIVIL $ 400.00 Child(ren)'s Name!s): PACSES Case Number Plaintiff Name DOB Docket Attachment Amount $ 0.00 Child(ren)',; Name(s), DOB you are required to enroll the child(ren) above in any health insurance coverage available employee's/obligor's employment. you are required to enroll the child!ren) in any health insurance coverage available empioyee's/obligor's employment. PACSES Case Number Plaintiff Name PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Docket Attachment Amount $ 0.00 Child!ren)'s Name(s): DOB If checked, you are required to enroll the child(ren) above in any health insurance coverage available the employee's/obligor's employment. you are required to enroll the child(ren) in any health insurance coverage available employee's/obligor's employment. PACSES Case Number Plaintiff Name PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name!s): DOB Docket Attachment Amount $ 0.00 Child!ren)'s Name(s): DOB If checked, you are required to enroll the child(ren) in any health insurance coverage available employee's/obligor's employment. you are required to enroll the child(ren) in any health insurance coverage available employee'slobligor's employment. Addendum Form EN-Ol8 Worker ID $IATT Service Type M OMBNo,;097Q-0154 ".;-;-;' 0 ,....., 0 c;:,:) c::, cO' -1'1 -""" ,....... ~.. ..... rJ' c" ::c-o w") rnf':~ I -nf11 ")'}:' U1 ;~.'") ~~ s,,~ ...1......,... l::,,:?Z:"S ','? ;:5 rf\ .-.t W :'0 ...0 -< ~":;' ORDER/NOTICE TO WITHHOLD INCOME FOIt SUPPORT State Commonwealth of Pennsylvania Co.lCity/Dist. of CUMBERLAND Date of Order/Notice 09/10104 Tribunal/Case Number (See Addendum for case summary) o Original Order/Notice o Amended Order/Notice o Terminate Order/Notice COMMONWEALTH OF PA clo PAYROLL OPERATIONS ATTACHMENTS RESEARCH UNIT PO BOX 8006 HARRISBURG PA 17105-8006 RE: O'DONNELL" JOSEPH P. 12.. 3 ), 3 ~ 05 Employee/Obligor's Name (Last. First. Mil l.~ II \ ~I l.i y',.\ EmployerfWithholder's Federal EIN Number 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's1obligor's income until further notice even if the Order/Notice is not issued by your State. $ 400.00 per month in current support $ 200.00 per month in past-due support Arrears 12 weeks or greater? ayes <Xl no $ 0.00 per month in medical support $ 0.00 per month for genetic test costs $ per month in other (specify) for a total of $ 600.00 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: $ 138.46 per weekly pay period. $ 276.92 per biweekly pay period (every two weeks). ~ ~ ~ ~ : ~ ~ ~:~ ~~~~~n~:~ g:~~~riod (twice a month). .JJ6_ ~14~ .'. 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 EH/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCOU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCOU Send check to: Pennsylvania SCOU, 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: DRO: R. J. SHADDAY q.13.1~ .nH":~{ WESLEY , J Form EN-028 Worker 10 $IATT Service Type M OMBNo.:0970-014 ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS o If ~hecked you are required to provide a copy of this form to your employee. Ifyo~remployee works in.a state that is ditterent 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. 4. * R~f5olt;"g the PaydatelDaM of~iitl,hold:l,g. ~/OU 11I1:151: .~port t1,~ P2.tydC1l~/J~~ of 'n ;Ull,uldi,lg nl,!:11 ~~lIditlg tLe pAyfh>;:;lIl. Tile payJc!lte/d.1OC uf nitl.l,oldihg is ti,e dat~ Oil nl,:d, AlllOt.lhl nA5 n;t1,l.dJ {lOll I t1,~ elllpk,ye'l;'~ m!ge3. You must comply with the law of the state of the employee's1obligor's principal place of employment with respect to the tim" periods within which you must implement the withholding order and forward the support payments. S. * 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 foliow the law of the state of employee's1obligor'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: 2321722990 EMPLOYEE'S/OBlIGOR'S NAME: EMPLOYEE'S CASE IDENTIFIER: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: O'DONNELL, JOSEPH P. 5697000033 DATE OF SEPARATION: 7. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about iump 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's1obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. 11. Additional Info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. Submitted By: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at f.ZJ 7\ 240-624B or by internet www.childsupport.state.pa.us Page 2 of 2 Form E N-028 Worker ID $IATT Service Type M OMB No.: 0970.0154 ADDENDUM Summary of Cases on Attachm.!nt Defendant/Obligor: 0' DONNELL, JOSEPH P. PACSES Case Number 723103605 Plaintiff Name CONNIE E. O'DONNELL Docket Attachment Amount 01-161 CIVIL $ 600.00 Child(ren)'s Name(s): PACSES Case Number Plaintiff Name DOB Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB you are required to enroll the child(ren) in any health insurance coverage available employee's/obligor's employment. you are required to enroll the child(ren) in any health insurance coverage available employee's/obligor's employment. PACSES Case Number Plaintiff Name PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Docket Attachment Amount $ 0.00 Child(renl's Name(s}: DOB you are required to enroll the child(ren) in any health insurance coverage available employee's/obligor's employment. you are required to enroll the child(ren) in any health insurance coverage available employee's/obligor's employment. PACSES Case Number Plaintiff Name PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Docket Attachment Amount $ 0.00 Child(renYs Name(s): DOB you are required to enroll the child(ren) in any health insurance coverage available employee's/obligor's employment. you are required to enroll the child(ren) in any health insurance coverage available employee's/obligor's employment. Addendum Form E N-028 Worker ID $IATT Service Type M OMS No.: 0970-0154 "':') , ,-.:~- .-:'--; ,~) C:.:> :i2 u') r.,., -u o -n .-< :-c ~. fil-. r-- .~-gE~} '16 '---1. t~~;~ <! :co -< c.n -:) ":2 .<:- r'..) ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 12/21/04 Case Number (See Addendum for case summary) Q Original Order/Notice @ Amended Order/Notice Q Terminate Order/Notice COMMONWEALTH OF PA C/O PAYROLL OPERATIONS ATTACHMENTS RESEARCH UNIT PO BOX 8006 HARRISBURG PA 17105-8006 J:i/-; ;;~/-I~I el Y/L 1IJeS~ 1),3/ 03(P~~ RE: 0' DONNELL, JOSEPH P. Employee/Obligor's Name (last, First, Mil 484-58-2407 Employee/Obligor's Social Security Number 5697000033 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (last, First, Mil EmployerMithholder's Federal EIN Number See Addendum for dependent names and birth dates associatE~d with cases on attachment. ORDER INFORMA TlON: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 400.00 per month in current support $ 0.00 per month in past-due support Arrears 12 weeks or greater? Qyes @ no $ 0.00 per month in current and past-due medical support $ 0 . 00 per month for genetic test costs $ per month in other (specify) for a total of $ 400.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the SUPPOlrt order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 92 . 31 per weekly pay period. $ 184.62 per biweekly pay period (every two weeks). $ 200.00 per semimonthly pay period (twice a month). $ 400.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydateJdate of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PA YMENTS MUST INCLUDE THE DEFENDANT'S NAME )~ND 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: DEe 2 2 200~ ~BYTHECOUR'~~ ~~ -:::J.. EScEY ~ ~- . ~~ Form EN-028 OMBNo.:0970-Q1S4 Worker ID $IATT Service Type M ::-:1 r"'! r"! :.=.~ '. ~j ADDITIONAL INFORMATION TO EMPLOYERS AND OHlER WITHHOLDERS o If ~hecked you are required to provide a (:opy of this form to your employee. If YOl,.lr employee works in a state that is ditterent from the state that issued this order, a copy must be provided to your employee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal proces~, under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3. * Repolting the PaydatelDate of Vv'itlllloldil,g. You nll.Jst lepolttl,e pa~dateldate of ~ithllolding vvhell selldillg the pa~lIlellt. Ti,e paydateldate of v'Yill II ,oldillg is the date 011 vvl,id, allloullt ..as vvitlll,eld frolll tile en,ployee's wages. You must comply with the law ofthe state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4. * Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when thE! employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 2321722990 EMPLOYEE/S/OBLlGOR'S NAME: 0' DONNELL, JOSEPH P. EMPLOYEE'S CASE IDENTIFIER: 5697000033 DATE OF SEPA.RATION: 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. B. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.c. 91673 (b)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 eamings (ADWE). ADWE i:; the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. For tribal orders, you may not withhold more than the amounts allowed under the law of the issuing tribe. For tribal employers who receive a state order, you may not withhold more than the amounts allowed under the law of the state that issued the order. 10. Additional Info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11 . Submitted By: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717'1 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Worker ID $IATT Service Type M OMB No., 0970-0154 ,_... r-! fU! t:? c:~ ADDENDUM Summary of Cases on Attachment Defendant/Obligor: 0' DONNELL, JOSEPH P. PACSES Case Number 723103605 Plaintiff Name CONNIE E. O'DONNELL Docket Attachment Amount 01~CIVIL $ 400.00 Child(ren)'s Name(s): PACSES Case Number Plaintiff Name DOB Docket Attachment Amount $ 0.00 Child(ren)'s I'Jame(s): DOB D 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. D If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name PACSES Case I\lumber Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Docket Attachment Amount $ 0.00 Child(ren)'s l\lame(s): DOB . '"'''',''''' . ........ .. ....... ," . ............. ,', ...................,..... . .................... . . . . . . . . . . . . . . . . . . . . . . .. ...... ..... ........... ....... . ..... .. .... ..... D 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. ......;.....;...<-:... :..'......>;.,.. ,';':',,';',>." :-:.....;'..>>>:..,',,:,.., .....;...;..-::.;...>,<.. ',...;..>>>>::::.::..>;:.::....... .......:::>>:......... .. . . ... . ... ..... . . .. '" . ... .... .' . . . . . . . . . . D If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the ernployee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name: Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB [j;;~~~k~, you are reqUir~;~~~;~II~h; ~h;I~(;~~;::'....... ....:....... identified above in any health insurance coverage available through the employee's/obligor's employment. ....'...,.. "., ':. ", . ............ .... ..,...".,...,.,.,............ . .. . ,.,.. ..... ,....,',....... ..... ",. .,..,. . . . .".......... .. . bifch~~kedl,~~~are required to enroll the child(ren) identified above in any health insurance coverage available through the el11ployee's/obligor's employment. Addendum Form E N-028 Worker ID $IATT Service Type M OMB No., 0970-0154 () c: $: "ot:, !?} [1'; ~r!c' 0:1 )'. ---- - ~. ~~-:.-: ;:<:::::'.._, .?C' ~o >c <- ::< ,_-.' L.. 2 !..1 j"l ;.::.~ c:! " """ c:::::. c:::::. J::- g C"') N CO ~ c::> t'\.) CO !i? ;r! nl:::J] rOo '"0 f71 :-:00 S?6 :I:~' 9(') ~'51T} -, 55 .-< JOSEPH P. O'DONNELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01 - 161 CIVIL CONNIE EBY O'DONNELL, Defendant IN DIVORCE ORDER OF COURT AND NOW, this 1 .~ 1 ..(. AA t! day of ); Ol..{.#f lu-< j , 2005, the economic claims raised in the proceedings having been resolved in accordance with a marital settlement agreement dated August 8, 2005, 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, Geo cc: Jordan D. Cunningham Attorney for Plaintiff II-))-V:) C~.~ :If 14 5 Samuel L. Andes Attorney for Defendant I " L'1 :01 -} -) (,{,* <1.";;"'-) 'i',I" ";,;,,U JOSEPH O'DONNELL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-161 CONNIE O'DONNELL, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE The undersigned does hereby verify that he served true and correct copy of the Counter-Affidavit Under ~3301(d) of the Divorce Code to the Defendant in the above captioned matter by place the aforesaid documents in the United States mail, first class, postage prepaid, in Harrisburg, P A addressed to Defendant's counsel addressed as follows: Samuel 1. Andes, Esquire 525 North Twelfth Street Lemoyne, PA 17043 Respectfully submitted:, ". /'"7;;';/ c~~t-'k'r{CHERNICOFF, P.e. ./ ,"" By: C J Or n . unning P LD. No. 23144 2320 North Second Street Harrisburg, P A 17110 (717) 238-6570 Attorneys/or Plaintiff Dated: March r.3, 2005 F:\HOMEIAHEWlTI\OOCS\O-P\ODONNEU\DIVORCEIAFFSERVC.WPD/filc no, 411004 JORDAN D. CUNNlNGHAM ROBERT E. CHERNICOFF MARC W. WITZIG BRUCE J. WARSHAWSKY JOHN M. HYAMS KELLY M. KNIGHT CUNNINGHAM & CHERNlCOFF, P.e. ATTORNEYS AT LAW P.O. BOX 60457 HARRISBURG, PENNSYLVANIA 17106-0457 HERSHEY TELEPHONE (71 7) 534-2833 IRS NO. 23-2274135 Street Address: 2320 N. 2nd Street Harrisburg, PA 17110 TELEPHONE (717) 238-6570 FAX (717) 233-4809 March 13,2006 Samuel L. Andes, Esquire 525 North Twelfth Street Lemoyne, P A 17043 ~@[j2>V Re: O'DonneD v. O'DonneD (Divorce) Our File No. 411004 Dear Sam: Enclosed is a Counter-Affidavit under ~330l(d) of the Divorce Code. Please have your client sign and date this document as soon as possible. Once it is executed, please return the document to me for filing. If you have any questions, please do not hesitate to contact me. Very truly yours, ~~... ~Q ,.C. '. ~t!. . . ..~ ~. ~_..y;p.,.. D. ~gham .,ti-tf.-I". C JDC/alh enclosure cc: Joseph O'Donnell F:\HOME\AHEWI1T\DOCS\O.P\OOONNEU\LEITERS\L031306A.WPD v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-161 CIVIL ACTION - LAW IN DIVORCE JOSEPH O'DONNELL, Plaintiff CONNIE O'DONNELL, Defendant COUNTER-AFFIDAVIT UNDER *3301(d) OF THE DIVORCE CODE 1. Check either (a) or (b): (a) I do not oppose the entry of a divorce decree. (b) I oppose the entry ofa divorce decree because (check (i), (ii), or both): (i) The parties to this action have not lived separate and apart for a period of at lest two years. (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): (a) I do not wish to make any claims for economic relief. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim thern before a divorce is granted. (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the prothonotary in writing and serve them on the other party. If! fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. Connie O'Donnell Dated: NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU SHOULD NOT FILE THIS COUNTER-AFFIDAVIT. F:\HOME\AHEwrrru.x>cs'O-MDONNEIJ\DIVORCE\COUNAFFD.WPDlfilc no. 411004 CUNNINGHAM & CHERNICOFF, P.e. ATTORNEYS AT LAW P.O. BOX 60457 HARRISBURG, PENNSYLVANIA 17106-0457 SAMUEL L. ANDES, ESQUIRE 525 NORTH TWELFTH STREET LEMOYNE, PA 17043 1..,111,..11I",,1..1..11..1.1,' U.S. POSTAl. SERVICE CERTIFICATE OF MAiliNG MAYBE USED FOR DOME:ST PROVIDE FDA INSURANCE ~~;~~~~i~~NATIONAl MAIL, DOES NOT Received From 1Y /7//G ::z;J' " o'di""" m'i1 'dd""'d to, ~ mWl.!J .And O./) SAt) fJ la#? /J7 ~rvrl7. ;nQ pt:j /7(51-/3 I PS Form 3817, Mar. 1989 .- CERTIFICATE OF SERVICE I do hereby state that on the a day of March, 2006, I served a true and correct copy of the foregoing in the captioned matter, by placing the same in the United States mail, first-class, postage prepaid, in Harrisburg, Pennsylvania, addressed to: Samuel L. Andes, Esquire 525 North Twelfth Street Lemoyne, P A 17043 Q~ Ang L. Hewitt Legal Secretary (") ~:~ C:3n: c:1} '-, ~.~~ '.." ,.....\ ';.\ ::-f --< r-o (~:;:)" ~~~ :A: :Y>"" :;;>:J o ., ::;J fl1::!1 h. ~Q ;,~) .1, "-'l~."j -..'. , ~~~ ?6 .< ()1 :::; ~ ("!i .....l ~ \ JOSEPH O'DONNELL, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA V. : NO. 01-161 CONNIE O'DONNELL, Defendant : CIVIL ACTION -LAW : IN DIVORCE NOTICE If you wish to deny any of the statements set forth in this affidavit, you must file a counter-affidavit within twenty days after this affidavit has been served on you or the statements will be admitted. AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE I. The parties to this action separated on June 15. 2000 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 94904 relating to unsworn falsification to authorities. Date: '3 -10-0<0 ~P~f J sep P. O'Donnell " F:\HOMEIAHEW!TlIDOCS\O-P\QOONNE,U\D1VORCE\AFFJ301D.WPD \ CERTIFICATE OF SERVICE I do hereby state that on the -Ii day of March, 2006, I served a true and correct copy of the foregoing in the captioned matter, by placing the same in the United States mail, first-class, postage prepaid, in Harrisburg, Pennsylvania, addressed to: Samuel 1. Andes, Esquire 525 North Twelfth Street Lemoyne, PA 17043 ~G). a . eWltt Legal Secretary -r. >,,' ri~;" -c'" .,-. 'l\ (3~ f-": - ~? (') (~ ,....' 5~5 .:r' ..... ~-::'" ?::> ;...,.. -., --:. - <..f! o -n ..-\ :r.:,..,., fllf-=' -'~,J i1"1 ~~3~\j ..'\\ \.~(~ :~~fTi :S-? ---- -0 :;;: ~.:: N N " JOSEPH P O'DONNELL, Plaintiff vs. ) ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001-161 CIVIL TERM CONNIE EBBY O'DONNELL, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in DivOTce under Section 3301(c) of the DivOTce Code was filed on 2 February 2001 and served on the Defendant on 9 February 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of both the filing and service of the complaint. 3, I consent to the entry of a final decree in divOTce after service of a Notice of Intention to R~quest Entry of the Decree. WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property,_ - - - lawyer's fees, OT expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and COTrect. 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. ,/ , ), ": /' ': \-. {Ii'? /101'./1<' // t/".l !-l/r't..L...'L{~ 3-/<-/. 00 Dated: n c --! :'.! "':0-- ~, , .~; C] . c.., C') " ~c ./------ J ardan D. Cunningham, Esquire Supreme Court LD. 23144 Cunningham & Chernicoff, P.C. 2320 North 20d Street P.O. Box 60457 Harrisburg, P A 17106-0457 Telephone: 717-238-6570 Facsimile: 717-238-4809 Attorneys for Plaintiff JOSEPH O'DONNELL, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 01-161 CONNIE O'DONNELL, Defendant : CNILACTION -LAW : IN DNORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under ~3301(c) of the Divorce Code was filed on February 2, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a Final Decree of Divorce after service of Notice of Intention to Request Entry of the Decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. J Dated: o.a'l--()l.Q ,......, -, -II -'j' -,,~, "',) C' , , '..,~" t..() Jordan D. Cunningham, Esquire Supreme Court 1.D. 23144 Cunningham & Chernicoff, P.C. 2320 North 2nd Street P.O. Box 60457 Harrisburg, P A 17106-0457 Telephone: 717-238-6570 Facsimile: 717-238-4809 Attorneys for Plaintiff JOSEPH O'DONNELL, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 01-161 CONNIE O'DONNELL, Defendant : CNILACTION -LAW : IN DNORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER &3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is finalized. 3. I understand that I will not be divorced lmtil a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C,S. 94904 relating to unsworn falsification to authorities. ~~.~, J seph O'Donnell \ Dated: 3- cYJ - () LQ , ~.j -' ...0 717 238 4809 Cunningham and Cherni 03:43:56 p_m 03-17-2006 313 JOSEPH O'DONNELL, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 01-161 CONll.Tffi O'DONNELL, Defendant : CIVIL ACTION -LAW : IN DNORCE PRAECIPE TO WITHDRAW DEFENDANT'S PETITION FOR ECONOMIC RELIEF TO THE PROTHONOTARY: Please withdraw Defendant's Petition for Economic Relief filed in the above captioned matter. Respectfully submitted, 0.."" 20 M""," ~ B, ~ PA ill No. 17255 525 North 121h Street Lemoyne, P A 17043 (717) 761-5361 Attorney for Defendant F:\HOMEIAHEWITl'DOCS\O-P\ODONNELl\DIVORCElpraeecrl. wpd c::, ~"; "".' '~J RESPONDENT I S PETITION FUR TERMINATION March 23,2006 Angela Ryan Domestic Relations Office 13 North Hanover Street P.O. Box 320 Carlisle, P A 17013 MAR 2 7 2006 -~--I' ), :/i {i'" ,'. r ~ I". i t !"\., (L:, I.. {/, 1..( ,-/-.\/-1- I, 1" . -- ! I, ~J ' "._ _ I \; t ':1 ,i- , . '- l"~_.\ ..................... /i ,- , 'r..' , ..:...-_1- RE: Docket Number 01-161 Civil P ACSES Case Number 723103605 O'Donnell vs. O'Donnell Dear Angela, As per your instructions, I have enclosed a copy of my marital settlement agreement. I've tagged the page that pertains to my APL stop date. Please feel free to contact me if you have any further questions. Moreover, please advise me when I can expect the wage attachment to end. I would rather send her a check each month to insure there is no overlapping come July 15, 2006. Thank you again for your expeditious responses to my emails. Sincerely, i'~;V"'iJA\ lv' ,,J. J~seph P. O'Donnell " JORDAN D. CUNNINGHAM ROBERT E. CHERNICOFF MARC W. WITZIG BRUCE J. WARSHAWSKY JOHN M. HYAMS KELLYM. KNIGHT CUNNINGHAM & CHERr-.;-ICOFE r.c. ATTORNEYS AT LAW P.O. BOX 60457 HARRISBURG, PENNSYLVANP. 17106-lJ.!57 HERSHEY TELEfC)\:E (717) 534-2S" IRS NO. 23.22~-. ~s TELEPHONE (717) 238-65~'. FAX (717) 238-4809 Street Addre~," 2320 N. 2nd S"'~, Harrisburg, PA --. _ ,) November 30. 2005 Joseph O'Donnell 1402 Timber Chase Drive Mechanicsburg, PA 17055 Re: O'Donnell v. O'Donnell (Divorce) OUT File No. 411004 Dear Joe: Enclosed 10 an Order signed by Judge Hoffer setting the stage for this matter to be concluded. I am i..;o enclosing a copy of the Marital Settlement Agreement signed in August. As soon as I have :-:ceived the information from Attorney Andes, I will process the divorce in this matter. Very truly yours, CUNNINGHA.\f & C{lERNICOFF, P.C. . ~..<<-_/ (.'7/ ;:~ JZ;~ Dunningham JDC/alh enclosure F:1II0ME\AHEwrrr,DOC-, O-PlODONNEU\LEITERSIL 113005.wpd JOSEPH P. O'DONNELL, Plaintiff IN THE COURT OF COMMC'; PLEAS OF CUMBERLAND COUNTY, P~Y-lSYLVANIA vs. NO. 01 - 161 CIVIL CONNIE EBY O'DONNELL, Defendant IN DIVORCE C~JER OF COURT AND NOW, t::'~s :2.!) AA d day of ), I/JJ,JIl ~ j , 2005, the economic clains raised in the proceeding~ having been resolved in accordance .ith a marital settlement a;~eement dated August 8, 2005, t::'~ appointment of the Maste~ is vacated and counsel can file a ;~aecipe transmitting the ~~:ord to the Court requesting a fina: decree in divorce. BY THE COURT, cc: Jordan D. Cunn~~;ham Attorney for Pl~~ntiff Samuel L. Andes Attorney for De::ndant TRlIE (,OPY FROM RECORD "'1. Testimony wl!er80r. , he-e unto set my harIlf ,~ .'V'" ~ ""'~ Po .i' jjHI P '1 'J,'j"jJ'.:"~'IJ~ t. _ MARITAL SETTLEMENT AGREEMENT BY AND BETWEEN JOSEPH O'DONNELL AND CONNIE O'DONNELL Jordan D. Cunningham, Esquire Cunningham & Chemicoff, P.C. 2320 North Second Street P. O. Box 60457 Harrisburg, PA 17106-0457 (Attorney for Joseph O'Donnell) Samuel L. Andes, Esquire 525 North Twelfth Street Lemoyne, P A 17043 (Attorney for COllI'ie O'Donnell) , JJ ' TABLE OF CONTENTS HEADINGS 1. ADVICE OF COUNSEL 2. DISCLOSURE OF ASSE;~ .......................... 3. EQUITABLE DISTRIBtm)N ........................ (a) Real Property ........................... (b) Furnishings and Peffilnal Property ........ (c) Motor Vehicles ......__................. (d) Pennsylvania Slale f.:1ployees Retirement System Defined Benefit Ret::ment Plan.................................. (e) Pastuka Defined Ben:;it Pension Retirement Plan.................. (f) Miscellaneous Prope:;-:y.......................... (g) Property to Wife ........................ (h) Property to Husband ..................... (i) Capital Gains Taxes ._............ (j) Business Intetest....... ...... 4. ALIMONY....................... 5. LIABILITIES.................... .., 6. COUNSEL FEES ................................. 7. WANER OF BENEFICIARY JESIGNATIONS ............ ii :3-::::;-2005 3127 ~ 2 3 4 4 4 4 4 5 6 6 6 7 7 7 8 II I] TABLE OF CONTENTS (Cmtlnued) HEADINGS 8. RELEASE OF CLAIMS ............................. 9. APPROV.u-OF MARITAL SETTLEMENT AGP2;MENT BY THE ::NITED STATES BANKRUPTCY COl7.T FOR TIIE MID::>LE DISTRICT OF PENNSYL VANIA A3 A CONDmQN OF EFFECTIVENESS...................... 10. PRESER\'ATION OF RECORD ........................ 11. MODIFICATION ................................. 12. SEVERABIlITY ................................. 13. BREACH _..................................... 14. W AlVER OF BREACH ............................. 15. NOTICE ..................................... 16. APPUCA3LELAW............................... 17. AGREBENTBINOING OR PARTIES AND HElPS ....... 18. ENTIRE l:.GREEMENT ............................. 19. PRIOR AGREEMENTS ............................ 20. INCORPC~ TION OF DOCUMENTS ................... 2J. MUTUAL COOPERATION ........................... 22, DATEOF~CUTlON ............................ 23. EFFECTIY3 DATE ............................... 24. AGREaID<TNOT TO BE MERGED ................... 25. EFFECT 0: RECONCILIATION iii ~_. ~ ,J ~,)-~.:>-,~IJ\..;) PAGE 12 12 14 15 15 15 15 15 16 16 16 16 17 17 17 17 17 , " ,~_'U ",_,,~;;- ~-""""'j"""l dllU vl1ellll )1 .5..'> L'j:) :n RECONCILIATION ATIEMPT .................. TABLE OF CONTENTS (Continued\ HEADINGS 26. AGREEMENT NOT A BAR TO DNORCE PROCEEDINGS................ 27. CONTRACT INTERPRETATIO~....................... 28. ENFORCEMENT................... 29. HEADINGS NOT PART OF AGREEMENT ............... 30. COUNTERPARTS ...................._.......... iv ><:-~..2J 5.n 18 PAGE 18 19 19 19 19 ,.'J....','"' I)~ 3334pm 08-05-2GOS MARITAL SETTLEMENT AGREEMENT /' ,']h . THIS A3?EEMENT made this Lday of August, 2:()5 by and between JOSEPH O'DONNELL ccMechanicsbutg, Cumberland County, PeDIl5)ivania (hereinafter referred to as "HUSBAND"), md CONNIE O'DONNELL ofMechanicsbq, Cumberland County, Pennsylvania (b:::rinafter referred to as "WIFE"), WITNESSETH: WHERE.\S, WIFE was born OD September 4, 1951, ~ currently resides at 4193 Nantucket Drive. 'v1ecbanicsburg, Cumberland County, Perms:.ivania; WHERE.<.5, HUSBAND was born on July 19,1954, a::d currently resides at 1402 Timber Chase D::ve, Mechanicsburg, Cumberland County, Pe::nsylvania; WHERE.<.3, the parties hereto are husband and wife, hzving been married on December 19, 1993, in Nev. .::umberland, Cumberland County, Pennsylvria; WHERE..<.3. the parties hereto are desirous of settling My and finally their respective financial and proP=t)' rights and obligations as between each oLier, including, without limitation, the settling of all ::alters between them relating to the ownersbi;l of real and personal property, the support and llllintenance of one another, and in general, the settling of any and all claims and possible claims by.::ne against the other or against their respectio-e estates. NOW, TIE..~FORE, in consideration of these premises, and of the mutual promises, covenants, and UIli.ertakings hereinafter set forth, and for other good and valuable consideration, teceipt and suffici=r of which is hereby acknowledged by each of the parties hereto, 1 ~ J-J '., "", 1) " (;i ~SBAND and WIFE, each intending to b: legally bound hereby. covenant and agree as :olIows: 1. ADVICE OF COUNSEL: T:e provisions of this Agreement and their legal effect :ave been fuJiy explained to WIFE by her cwnsel. Samuel 1. Andes. Esquire, and to HUSBAND ~y his counsel, Jordan D. Cunningham. Esqlrire. Each party acknowledges that he or she has had :he opportunity to receive independent legal counsel of his or her selection, and that each fully mderstands the facts and his or her legal rig!:ts and obligations, and each party acknowledges md accepts that this Agreement is. in the cirtumstances. fair and equitable, and that it is being :ntered into freely and voluntarily. and that execution of this Agreement is not the result of any :mess or undue influence. and that it is not :::e result of any improper or illegal agreement or !greements. In addition, each party hereby a.:knowledges that he or she is aware of the impact of ::e Pennsylvania Divorce Code. 23 Pa. C.S....... ~3101. et ~., whereby the Court has the right lI:.d duty to determine all martial rights of the ;>arties including divorce, alimony, alimony :endente ~ equitable distribution of all ma.,tal property or property owned or possessed =dividualIy by the other, counsel fees and co..-rs of litigation and, fully knowing the same. and :emg fully advised of his or her rights there=ier, each party hereto still desires to execute this .>.greement, acknowledging that the terms and :onditions set forth herein are fair, just and ~table to each of the parties, and waives his and her respective right to have the Court of C:mmon Pleas of Cumberland County, or any other court of competent jurisdiction. make any O::ermination or order affecting the respective parties' rights to alimony, alimony oendente ~ c:::uitable distribution of all marital property, counsel fees and costs of litigation. or any other r-?1t arising from the parties' marriage. 2 <"-.1., ~'..J'-,~ <~-1nnlngna01 'lr.a '~~,~". . :)" 2:i p.rn OB-05-2005 6/27 2. DISCLOSURE OF ASSETS: Each of the parties h~J) acknowledges that he or she is aware of his or her right to engage in discovery, including but ::ot limited to, written interrogatories, motions :Or production of documents, the taking of:rJ1 depositions, the filing of inventories, and all other means of discovery permitted under the P=sylvania Divorce Code or the Pennsylvania Rules oi Civil Procedure and each of the parties sp:cifically waives his or her right to engage in any fur.her discovery. Each of the parties further rlnowledges that he or she is aware of his or her rigbl to have the real and/or personal property, C5tate and assets, earnings and income of the other a5SesSed or evaluated by the Courts of this ummonwealth or any other Court or competent jurisection. The respective parties do hereby wrant that there has been full and fair disclosure to the other of his or her income, assets and liabiE::es, and each party agrees that any right to further disclosure, valuation, enumeration or statemc::t thereof in this Agreement is hereby specifically wai\-~, and the parties do not wish to make or ~pend hereto any further enumeration or statement. The parties hereby acknowledge and agree :hat, based upon the warrants of disclosure, the division of the marital assets as set forth i:: :!tis Agreement is considered fair, reasonable and equitable, and is satisfactory to them. =.ach of the parties hereto further covenant and agree for himself and herself and his or her heirs, :xecutors, administrators or assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators or assigns in any action of contention, direct or indirect, and allege therein that there was any e::ress, undue influence, or that there was a :iJure to have available full, proper and independent representation by legal counsel. 3 ,~ ,;.u v..I::'11I \)'J4 '~pm 08-05-2':':;: 9 fV 3. EOurr ABLE DISTRIBUTION: (a) Real Propertv: The parties acknowledge that HUSBAND and WIFE lfe the owners of a parcel of real pro;-erty mown and numbered as: (i) 4193 Nantucket I>.ive. Mechanicsburg. Cumberland County. Pennsvlvania. The parties agree that HUSBAND transfers to WIFE all of his right, title and interest in the above referenced property and slu.!! execute a Special Warranty deed in recordable form to extinguish all claims thereto. WIFE shall be solely responsible :Or all costs, expenses 2:ld liabilities associated with or attributable:o her interest in the above described parcel of real estate, includiq but not limited to aay mortgages, taxes, insurance premiums, utilities, maintenance and repairs. (b.) Furnishings and Personal Prooerty: As of the effective date oftl:is Agreement, HUSBAND sets over, transfln and assigns to WIFE all of his right, :itle, claim and interest in and to all items c:' personality in WIFE'S possession. Effective as of the date of this Agreement, WIFE shall set over, tnmsfer and assign to HUSBAND all oCher right, title, cla:::J. and interest in aU items of personality in HUSBAND'S possession. (c.) Motor Vehicles: (i.) WIFE shall retain possession of and receive as her sole and separate property a 1998 Audi. 4 (ii) HUSBAND and WIFE agree to execute, acknowledgc and deliver, within tI:irty (30) days of HUSBAND'S or WIFE'S request, any and all instrurno.ts or documents necessary to effcctuatc the transfcr of thc vehicles ;rursuant to the terms of this subparagraph. (jii) T:!e parties agree to indemnify and hold each other and their property Jannlcss from any liability, cost or expense, including attomey's fees, incurred in connection with thc vehicle(s) awarded to them by:hc terms of this subparagraph. (d.) Pennsylvania State Emolovees Retirement SyStem Defined Benefit Retireme:::t Plan: The parti:s agree that HUSBAND shall be awarded ODC hundred percent (100"10) 0: the marital portion of HUSBAND'S pension benefit under the PennsylV1Dia State Employees Retirement System Defined Benefit Rctiremc:r Plan. WIFE waives any interest she may have had in HUSBAl'D'S Pcnnsylvania State Employees Retirement Defined Bcnefit Pension Retirement Plan. WIFE shall executc any documcnts required by the Plan Allministrator to effect a waiver therein. (e) Pa~tnh Defined Benefit Pension Retirement Plan HUSBM1> waives any interest he may have had in WIFE'S Pastulca Defined &Defit Pension Retirement Plan. HUSBAND shall execute any documents required by the Plan Administrator to effect a waiver therein. 5 1..11.->4..:" p.:Tl_ ',)l1-U::>-l\)\)::> 11/21 (f) Miscellaneous ProJlerty: All property not specifically addressed herein shall be hereafter owned by the party to whom the property is titled; a::d if untitled, the party in possession. This Agreement shall constitute a sufficie:::t bill of sale to evidence the transfer of any and all rights in such property from eacl1 to the other. (g) Prooertv to Wife: The parties agree that WIFE shall own, possess, and enjoy, free from any claim of HUSBAND, the property awarded to her by the terms of this Agreement. HUSBAND hereby quitclaims, assigns and conveys to WIFE all such property, together with any insurance policies cover..:Jg that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any ~d all rights in such property from HUSBAND to WIFE. (h) Prooertv to Husband: .' The parties agree that HUSBAND !.JaIl own, possess, and enjoy, free from any claim of WIFE, the properly awarded to herby the terms of this Agreement. WIFE hereby quitclaims, assig:IS and conveys to HUSBAND all such property, together with any insurance policies covering that property, and my escrow accounts relating to that propertj. This Agreement shall consti lUte a rufficient bill of sale to evidence the transfc= of any and all rights in such property :iom WIFE to HUSBAND. 6 ....u,,""'lj"cllll dlH.) \..-flernl :J~344~:- ';:1-05-2GC5 ~ l i27 (i) Caoital Gains Taxes WIFE sball be responsible for any Capital Gains Taxes that may result from the sale and/or tranSfer of the property known and numb=ed as 4193 Nantucket Drive, Mecbanicsburg, Pennsylvania. (j) Business Interest( s) HUSBAND's interest in the corporation and shares of -.he corporation known as Pro Deck Seal, Inc. shall belong solely to HUSBAA"D. 4. ALIMONY HUSBAND shall pay to WIFE the sum of $400.00 per month, 3S alimony, payable monthly on the )511> day of each successive month for a period of 12 I:lOnths commencing August 15, 2005 and terminating on August 15, 2006, with the last payment being made on July 15, 2006. During the same twelve (12) months whicb alimony is being paid, E~';SBAND shall not pay any of WIFE's unreimbursed medical expenses. The provisions of this Paragraph are non-modifiable and not subject to change due to a change in circustances with :he following exceptions: WIFE'S or HUSBAND.S death, in that event, HUSBAND's duty:o pay alimony shall tenninate as of the date of WIFE's death. The parties agree thaI the entire amount being paid to WIFE p1II3WlIlt to this Paragraph is a separate maintenance periodic payment, included and intended 10 be included with the income of the WIFE within the meaning and intent of Section 71 of the Un:ted States Internal Revenue Code of 1954 and deductible from the HUSBAND's gross income pu:suant to the provisions of Section 215 of the United Stales Internal Revenue Code of 1954. WIFE agrees that all said payments shall be included as income of the WIFE in her applicable tax returns and that 7 '." /,..>u ,,"uv":1 '~.;r- .~:" <'1m3:' 1 _'en) .:)1 3500 pm 08-05-2005 13 r27 she shall pa"f such taxes as may bc required by reason nf such inclusion. WIFE shall notify the Cumberland County Offi;e of Domestic Relations and modify the current Order to direct that spousal support be te~. 5. LIABILITIES (a) HUSBAND shall pay the follow:ng liability heretobefore incurred by, HUSBAND pursuant to the Bankruptcy Plan of Reorganization fIled by HUSBAND docketed in the BlIIIkrupccy Court for the Middle District of Pennsylvania at docket number 1-03-01389. (b) HUSBAND shall be solely respoosible for all debt he has incurred in his name alone, including, but not limited to. obligations to issuers of credit cards in his name, and HUSBAND further agrees that he will indemnify and bold WIFE and her property bannless from any liab:Jty, cost or expense, including attorney's fees, associated with these obligations. Specifically, HUSBAND shall be responsible for the repayment of employ:: trust fund taxes owed to the United States of America. (c) WlFE agrees that she shall pay the mortgagc debt owed to GMACMortgage Corporation; be solely r:sponsible for all debt she has incurred in her name alone, including, but not limr.:cl to, obligations to issuers of credit :aIds in her namc and WIFE further agrees that she will indemnify and hold HUSBAND and his property harmless fran any liability, cost or expense, including attorney's fees, associated with ~ese obligations. In relation to the B . .;..': -'-ou'J Lurmlngham and Chernl 01 :35 12 p.rn 08-05-2005 14/27 mortgage debt owed to GMAC Mortgage Corporation, WIFE shall either pa.y the debt in full within six (6) months of the date of this Agreement or WIFE shaH seek to refinance the mortgage debt every successive six (6) months and finance the entire then existing balance of the mortgage debt owed to GMAC Mortgage Corporation. WIFE shall not obtain a second mortgage or any financing utilizing the real estate transferred to WIFE pursuant to Paragraph 3(aXi) of this Agreement as collateral for any future loans or advances of money until the mortgage owed to GMAC Mortgage Corporation is satisfied in full. (d) Unless otherwise provided herein, each party hereby assumes the debts, encumbrances, taxes (past and future) and liens on all the property each will hold subsequent to the date of this Agreement, and each party agrees to indemnify and bold harmless the other party and his or her property from any claim or liability, cost or expense, including actual attomey's fees, that the other party will suffer or may be required to pay because of such debts, encumbrances or liens. (e) LiabilitvNot Listed: Each party represents and warrants to the other that he or she has Dot incurred any debt, obligation or other liability, other than those described in this Agrecnent, on which the other party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and each party agrees to pay it as the same shall become due, and to indemnify and hold the other Partx and his or her property harmless from any and all such debts, obligations and liabilities. 9 .-'....'''''''1'''''''' ". ~ _;1\::~1 \11 )1,35:25 p.m. 08-05-2005 15 :- (1) Indemnification of Wife: If any claim, action or proceeding is hereafter initiated seeking to hold WIFE liable for the marital and business debts or obligations assumed by HUSBAND under this Agreement as a result of his default in the payment oftbe said marital or business debts, HUSBAND shall, at his sole expense, defend WIFE against any such claim, action or proceeding, whether or not well- founded, and indemnify her and her property against any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorney's fees incurred by WIFE in connection therewith. (g) Indemnification of Husband: If any claim, action or proceeding is hereafter initiated seeking to hold HUSBAND liable for the debts or obligations assumed by WIFE under this Agreement, WIFE shall, at her sole expense, defend HUSBAND against any such claim, action or proceeding, whether or not well-founded, and indemnify him and his property against any dan:.ages or loss resulting therefrom, including, but not limited to, costs of court and actual attomcy's fees incurred by HUSBAND in connection therewi th. (h) Warranty as to Future Oblil!ations: HUSBAND and WIFE shaH take all step> necessary to assure that no credit cards or similar accounts or obligations exist which provide for joint liability. From the date of execution of this Agr=ent, each party shall use only those credit cards and accounts for which that party is individually liable and 10 I" I .:...JU ..o'"'~ ......UlHlIllglli:lIn dnQ I.;nerm 01:3S:36p,m Oa-:..5~2005 16127 the parties agree to coopern in closing any and all accounts on which joint liability may be incurred. HUSBAND and WIFE each represents and ,,;arrants to the other that he or she will :lOt at any time in the future incur or contract any debt, charge or liability for which the other, the other's legal representatives, property or estate may be responsible. Each party hereby agrees to indemnify, save and hold !be other and his or her properly harmless from any liability, loss, cost or expcme whatsoever, including attomey's fees, incmred in the event of breach hereof. 6. COUNSEL FEES: HUSBAND and WIFE sha2 each be solely responsible for their respective :lJunsel fees, costs and expenses which each of the parties may incur in connection with the :.:gotiation and execution of this Agreemer.: and the dissolution of their marriage. 7. WAIVER OF BENEFICL~Y DESIGNATIONS: Unless as otherwise specifically set forth in this Agreement, each party hereto s;:ecifically waives any and all beneficiary r:glIts in and to any asset, benefit or like program .::mying a beneficiary designation which belongs to the other party under the terms of this Agreement, including, but not limited to, pcmions and retirement plans of any sort or nature, d:ferred compensation plans, life insurance policies, annuities, stock accounts, bank accoonts, :'::lal paychecks or any other post-death distnbution scheme, and each party expressly stares that n :.s his and her intention to revoke by the te:r:ns of this Agreement any beneficiary designations nmting the other which are in effect as of the date of execution of this Agreement If and in the ~.>:Dt the other party continues to be names IS a beneficiary and no alternate beneficiary is 11 , ," ,f.SI.> ...OUO> v\JI\lllr1gl'l<l:i'", 3-:' _,~ernl 01.35SJpm 08-05-2005 17 (27 otherwise designated, the bencficiary shall be deemed to bc the csatc of the deceascd party. Notwithstanding the ilregoing, however, in the event that either;mty hereto specifically designates the other;artY as a bencficiary of any asset after the dm: of execution of this Agreement, then this M"aiver provision shall not bar that party fro::1 qualifying as such beneficiary. 8. RELEASE OF CLAIMS: (a) HUSBAND and WIFE acknowledge and ~ that thc property disposi:ions provided for herein constitute an equi:1ble distribution of their assets and liaOilities pursuant to Section 3502 of the Djvcrce Code and HUSBAND and WIFE ~ereby waive any right to division of their p:operty except as otherwise provide:! for in this Agreement. Furthermore, exce;rt as otherwise provided for in this A~..ement, each of the parties hereby speciflWY waives, releases, renoun;es and forever abandons any claim, right, be or interest whatsocver he or she tn.a:' have in or to property transferred to the ow party pursuant to this Agrec:rr.ent or identified in this Agreement as bel~g to the other party, and each pa:ty agrces never to assert any claim to said p:operty or proceeds in the future. 3:owever, neither party is released or dischrgcd from any obligation under ths Agreement or any instrument or documClt executed pursuant to this Agreem:nt. HUSBAND and WIFE shall hereafter own and enjoy independently of any c::aim or right of the other, acquired by him a: her from the date of executim of this Agreement with full power in him Jr hcr to dispose of the same fully an': dfectively for all pllIpOse. 12 I ; t L..;JO ..OV~ ......1J'.nlngnam ana .....nern' 01 :36:02 p.rn 08-05-~':05 18/27 (b) Each party hereby abscIutely and unconditionally releases and fom-er discharges the other and the es:ate of the other for all purposes from any z:d all rights and obligations which ei:her party may have or at any time hereaftc:- has for past, present or future support IJC maintenance, alimony oendente lite. ali=ny, equitable distribution, counsel fees, costs, expenses and any other right or obligation, economic or otherwise, whether arising out of the marital relatonship or otherwise, including all rigb:s and benefits under the Pennsylvania Div,xce Code of 1980 its supplements md amendments, as well as any other law of any other jurisdiction, except and oolyexcept all rights and obligations arising under this Agreement or for the breao of any of its provisions. (c) Except as otherwise prcvided herein, each party hereby absolutely md unconditionally releases and fo:ever discharges the other and his or her he::s, executors, administrators, assig::s, property and estate from any and all rip, claims, demands or obligatioDS Jrising out of or by virtue of the marital relationship of the parties whew now existing or hereafter arising. The a:ove release shall be effective regarC:ess of whether such claims arise out of any former or future acts, contracts, :ngagemcots or liabilities of the other or ~. way of dower, curtesy, widow's or ......dower's rights, family exemption or similar allowance, or under the intestat: laws or the right to take against the spouse", will, or the right to treat a lifetime conveyance by the other as testamentary or aD Jther rights of a surviving spouse to participate in a deceased spouse's estate, wb.d1er arising under the laws ofPeDllS)~vania, any state, commonwealth or territo::.- of :3 t, l."a 40U':;f \...unnmgnam and l..herni 01 --': . 5 pm Qd.05~2r)05 19,'27 the United States, or any other country. 9. APPROVAL OF MARITAL SEmEMENT AGREEMENT BY THE UMITED STATES BANKRUPTCY COURT FOR THE NUDDLE DISTRICT OF PENNSYLVANIA AS A CONDITIO~ OF EFFICTIVENESS This AgreemCllt is expressly condition upon the approval of the United States Bankruptcy Court for the Middle District of Pennsylvania as a condition subsequent to contract formation. In the event the Court fails to approve the provisions of this Agreement and fails to issuc an Order transferring the real estatc referred to in Paragraph 3(aXi) of this Agreement free and clcar of all liens and claims of creditors, then this Agreement shall be null and void as if it had not been entered into by the parties without prejudice to either of them. 10. PRESERVATION OF RECORDS: Each party will keep and preserve for a period of three (3) years from the date of divorce all financial records relating to the marital estate, and each party will allow the other party access to those records in the event of tax audit 11. MODIFICATION: No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto.12. SEVERABILITY: If any provisions of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions bereof sball :IevertheJess survive and continue in full force effect without being impaired or invalidated in any way. 14 11' L,jO ~tlU':J ~unntngha,"l1 and Cherni 01:36:27 p_m 08.05.20[::: 20/27 13. BREACH: If either party hereto breaches W3provision hereof, the other party shall have:he righ11t his or her election, to sue for damages f:r such breach, or seek such other remedies :r reliC: 13 may be available to him or her. The no:-breaching party shall be entitled to recover from :he breaching party all costs, expenses and :egal fees actually incurred in the enforcemct of the r'4Its of the non-breaching party. 14. WAlVER OF BREACH: The waiver by one party of any b=ch of this Agreement by the other party w:J not k deemed a waiver of any other breach or fIr! provision of this Agreement. 15. NOTICE: Any notice to be given under this .\greement by either party to the other shall :e in ~-llg and may be effective by registered or ...:I lified mail, return receipt requested. Noti(:: to \VIE will be sufficient ifmade or addressed to:ie following: Connie O'Donnell 4193 Nantucket Drive Mechanicsburg, PA 17052 and t:: ::WSBAND, if made or addressed to the fuJowing: Joseph O'Donnell 1402 Timber Chase Drive Mechanicsburg, PA 17055 Each party may change the address for no:ce to him or her by giving notice of that change:n accordance with the provisions of this pngraph. :6. APPUCABLE LAW: 15 .l:Jtl4t1U\;I .....oomngnam ana Cherm Ul:;Jb:j/: ., '....:1-U::.-.lUU::. Ll ILl All acts contempOO:d by this Agreement shall be construed aDd enforced under the laws of the Commonwealth o:PennsyIvania in effect as of the date of execution of this Agreement. 17. AGREEMENT BINDING OR PARTIES AND HEIRS: This Agreement, except as otherwise expressly provided heren, shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of me parties. 18. ENTIRE AGREEMENT: Each party acknowledges that he or she has carefully read this Agreement, including all other documents to which it refers; that he or she has had the DJ:POrtunity to discuss its provisions with an attorney of:lli or her own choice, and has executed it \"Oluntarily; and that this instrument expresses the enti:e agreement between the parties concerning the subjects it purports to cover. This Agreemc:rt should be interpreted fairly and simply, il:ld not strictly for or against either of the parties. 19. PRIOR AGREE.\IENTS: The parties specifailly agree that this Agreement shall supersede and any and all prior agreements between the paries. 20. INCORPORA nON OF DOCUMENTS: All documents and other instruments referred to in this Agreement are incorporated into this Agreement as completely as if they were copied verba::m in the body of it. 21. MUTUAL COOPERATION: Each party shall 0:1 demand execute and deliver to the other a:lY deeds, bills of 16 , H L::>O ""O\,)~ \.....J:'I"l ~ljl"lam ana \...T"lefm U1 ::Jti:4!l p.m. 08+0~-200~ 22127 sale, assignments, consents to change of beneficiaries of insurance policies or other benefits or assets, tax returns, and other documents, and shall de or cause to be done every other act or thi,,: that may be :!ecessary or desirable to effectuate the p::>visions and pUIpOses of this Agreement. If either pa::y unreasonably fails on demand to comp:y with these provisions, that party shall pa:. to the other;>arty all attorney's fees, costs, and other l:XpeDSes actually incurred as a result of sue:. failure. 22 DATE OF EXECUTION: The "date of execution" or "execution jate" of this Agreement shall be defined as the date upon which it is executed by the parties if th:y each have executed the Agreement on th: same date. Otherwise, the "date of execution" or "ex--ution date" of this Agreement shall be dermed as tl:e date of execution by the party last exeCJting this Agreement. 23. EFFECTIVE DATE: This Agreement is effective and biDdi~r upon both parties as of August 15, 2005. 24. AGREEMENT NOT TO BE MERGED: The parties agree that this Agreement s:aJl continue in full force and effect after such time as 1 final decree in divorce may be entered ~th respect to the parties. Upon entry of the decree, the provisions of this Agreement may be iIcoIpOrated by reference or in substance, but they shall not be deemed merged into such decree. The Agreement shall survive any such decree in di\'Orce, shall be independent thereof, and th: ;>arties intend that all obligations contained in I!ris Agreement shall retain their contractIal nature in any enforcement proceedings, whether enforcement is sought in an action on the connet itself at law or in equity, or in any enforcement action filed to the divorce caption, includi:g ~3l OS of the Divorce Code. 17 _~,~ ~V"~ '-'"....II...,~,"'''.. Q"U .......0::11111 Ul:,)I:ULP~ Utl-U~-LUU~ L:JUI 25. EFFECT OF RECONCILIATION OR RECONCILIATIOS A TfEMPT: This Agreement sblll remain in full force and effect and shall not be abrogated even if the parties effect a reconciiation, cohabit as husband and wife or attempt to effect a reconciliation. This Agreement s:aJI continue in full force and effect and there shall be no modification or waiver of any ofne terms hereof unless the parties in writing execute a statement declaring this Agreemett or any term of this Agreement to be null and void. 26. AGREEMENT NOT A BAR TO DrvORCE PROCEEDINGS This Agreement sbill no be considered to bar the right of WIFE or HUSBAND to a divorce on lawful grounds if sudl grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on th: part of either party of any act on the part of the other party which has caused the disputes wh:.:h or which has occurred prior to or which n:.ay occur subsequent to the date hereof. Tb: HUSBAND and WIFE intend to secure a DT.ltual consent, no- fault divorce pursuant to the prov.J::ons of Section 330 l( c) of the Pennsylvania Divorce Code of 1980 and each will execute all doc::ments necessary to secure an Order of Divoo:e. 27. CONTRACT INTIRPRET ATION For purposes of camact interpretation and for the purpose of resolving any ambiguity herein, the parties agree:hat this Agreement was prepared jointly by their respective attomeys. 28. ENFORCEMENT It is expressly stipuhted that if either party fails in the due performance of any of his or her material obligations undc" this Agreement, the other party shall have !he right, at his or 18 . " L..JU ..UU:! vUllllll\gllo' lna t....nerm )1 3716 p.m. 08-05-2005 :'!27 her election, to S"Je for damages for breach thereof; to sue fer specific performance, to rescind this Agreement, i)f to seek any other legal remedies as may be available, and the defaulting party shall reimburse :je nondefaulting party for any legal fees a=d expenses for any services incurred in any action or fIOCeeding to compel performance hereuIlller. 29. HEADINGS NOT PART OF AGREE~: Any headings preceding the text of the seven! paragraphs and subparagraphs hereof are insemd solely for convenience of reference and shall not constitute a part of this Agreement nor mil they affect its meaning, construction cr effect. 30. COUNTERPARTS: This Agreement may be executed in counterparts, each of which will be aJ: original and which together shall constitute one and the same instrument IN WlTI\ESS WHEREOF, the parties hereto have SCl: their bands and seals on the dates of their acknow ledgrocnts. WITNESS: 19 , I .'(..JO ...OV'::f L..-unmngnam ana .....nerm f.g-6:5 ~~17-DS- 01 :37:24 p_m :;~.<.s~200S 25/27 ~ {P'A~~ CONNIE O'DONNELL OSEPH O'DONNELL 20 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION CONNIE E. O'DONNELL ) Docket Number 01-161 CIVIL Plaintiff ) vs. ) PACSES Case Number 723103605 JOSEPH P. O'DONNELL ) Defendant ) Other State lD Number ORDER AND NOW, to wit, on this 27TH DAY OF MARCH, 2006 IT IS HEREBY ORDERED that the support order in this case be 0 Vacated or OSuspended or o Terminated without prejudice or W Terminated and Vacated, effective AUGUST 15, 2005 ,due to: THE ORDER OF NOVEMBER 22, 2005 AND THE PARTIES' MARITAL SETTLEMENT AGREEMENT OF AUGUST 17, 2005. THE ALIMONY PENDENTE LITE ACCOUNT IS CLOSED WITH A CREDIT OF $2,957.95. THE DOMESTIC RELATIONS SECTION DISMISSES THEIR INTEREST IN THE ALIMONY MATTER AS THERE IS NO PROVISION FOR THE ALIMONY TO BE MADE PAYABLE THROUGH THE DOMESTIC RELATIONS SECTION. ORa: R.J. Shadday Service Type M JUDGE Form OE-S04 Worker lD 21005 c;. ,~ \...f -it ~" c::' ) r:" c> State Commonwealth of Pennsylvania Co./City/Di5t. of CUMBERLAND Date of Order/Notice 03/27/06 Case Number (See Addendum for case summary) ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT 723103605 01-161 CIVIL o Original Order/Notice o Amended Order/Notice o Terminate Order/Notice BUREAU OF COMMONWEALTH C/O PAYROLL OPERATIONS ATTACHMENTS RESEARCH UNIT PO BOX 8006 HARRISBURG PA 17105~8006 RE: 0' DONNELL, JOSEPH P. Employee/Obligor's Name (last, First, Mil 484-58-2407 Employee/Obligor's Social Security Number 5697000033 Employee/Obligor's Case Identifier (Sei' Addendum for plaintiff names ilssoc;ated with cases on attachment) Custodial Parent's Name (Last, First, MI) EmployerlWithholder's Federal EIN Number See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMA TlON: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee'5/ob/igor's income until further notice even if the Order/Notice is not issued by your State. $ 0.00 per month in current support $ 0.00 per month in past-due support Arrears 12 weeks or greater? Oyes @ no $ 0.00 per month in current and past-due medical support $ 0 . 00 per month for genetic test costs $ per month in other (specify) for a total of $ 0.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 0 . 00 per weekly pay period. $ 0 .00 per biweekly pay period (every two weeks). $ 0.00 per semimonthly pay period (twice a month). $ 0.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If remitting by EFT/ED/, please call Pennsylvania State Collections and Disbursement Unit (SCDUl Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA seou Send check to: Pennsylvania seou, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PA YMfNTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. DRO: R. J. Shadday Service Type M OMB No.: 097o.-OlS4 Judge Form EN-028 Worker 10 $IATT Date of Order: yv1 >.-, (_ )_';, ") 0 of, ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS o If checked you are required to provide a copy of this form to your employee. If your employee works in a state that is different from the state that issued this order, a copy must be provided to your employee even if the box is not checked. ,. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3. * RCPO,l;llg lilt: P ClyJClk!Dc:1tc of 'J"/;U,I,vIJ;"o' '(UU II1u5llepVIl tllC fJ<1ydClte!datc uf vv;LI.I.vld;"gV\lI,t'" ~CIIJ;llo tile fJayrllclIl. TI,c fJc:1yJatt!Jak uf vv;U,I,oIJ;lIo;~ Lllc Jc:1k VII vvl,;dl c:1I1IVUIIL vv6::. vv;tl,l,dJ flVlI1 llle 611plvycc'~ VVc:1oe5. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4. * Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 2321722990 EMPLOVEE'S/OBlIGOR'S NAME: 0' DONNELL, JOSEPH P. EMPLOYEE'S CASE IDENTIFIER: 5697000033 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 ofthe 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.5.c. 91673 (bll; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. For tribal orders, you may not withhold more than the amounts allowed under the law of the issuing tribe. For tribal employers who receive a state order, you may not withhold more than the amounts allowed under the law of the state that issued the order. 10. Additional Info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11.Submitted By: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Worker ID $IATT Service Type M OMS No.: 0970.01.54 - ADDENDUM Summarv of Cases on Attachment Defendant/Obligor: 0' DONNELL, JOSEPH P. PACSES Case Number 723103605 Plaintiff Name CONNIE E. O'DONNELL Docket Attachment Amount 01-161 CIVIL $ 0.00 Child(ren)'s Name(s): PACSES Case Number Plaintiff Name DOB Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB o If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. o If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB o If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. If checked, you are required to enroll the child(ren) above in any health insurance coverage available employee's/obligor's employment. PACSES Case Number Plaintiff Name PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB o If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. o If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. Addendum Form EN-028 Worker ID $IATT Service Type M OMB No.: 0970-0154 n 1'--' ~.", C'-.J , C,T"". -.11 >:J (.) o -~ -l~ III T~ =:'.~1 f...) (.',;: . ,. i 1l:3iJ 4809 Cunningham and Cherni 04:25:07 prn 03-29-2006 212 JOSEPH O'DONNELL, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 01-161 CONNIE O'DONNELL, Defendant : CNIL ACTION -LAW : IN DNORCE PRAECIPE TO THE PROTHONOTARY: The undersigned, Defendant's counsel, Samuel 1. Andes, Esquire, hereby acknowledges he accepted service of the Complaint in Divorce and Amended Complaint in Divorce in the above captioned matter on behalf of the Defendant, Connie O'Donnell, on June 21, 200 I and certifies he was authorized to do so. Respectfully submitted, Dated: 30 M.a.lJ.. ~ By: ~~ PA ID No. 17255 525 North 121h Street Lemoyne, P A 17043 (717) 761-5361 Attorney for Defendant F:\HOMEIAHEWlTIiDOCS\Q.P\ODONNEUlDIVORCEIPRAESAM.WPD C.'l C) -n ..:.1 :..\ roo. .........."""'d''''''' <>"Y V"""'" . u\ :.sYUti p,m_ MARITAL SETTLEMENT AGREEMENT BY AND BETWEEN JOSEPH O'DONNELL AND CONNIE O'DONNELL Jordan D. Cunningham, Esquire Cunningharo & Chernicoff, P.C. 2320 North Second Street P. O. Box 60457 Harrisburg, P A 17106-0457 (Attorney for Joseph O'DonneJI) Sarouel 1. Andes, Esquire 525 North Twelfth Street Lemoyne, P A 17043 (Attorney for Connie O'Donnell) I)tl.U~-lUU~ LlU ~ r , " "-"u'-",.>,,," \', ......Ulllllllylrdlll dllU vllerlU UL.B:13 p_m 08-0~-2005 3/27 TABLE OF CONTENTS HEADINGS PAGE I. ADVICE OF COUNSEL ".....".,..,..........,.'.. 2 2. DISCLOSURE OF ASSETS ..,...........".."...... 3 3, EQUITABLE DISTRIBUTION ......,.,.........,..... 4 (a) Real Property ............................ 4 (b) Furnishings and Personal Property "...... 4 (c) Motor Vehicles .......,.,........,.,...... 4 (d) Pennsylvania State Employees Retirement System Defined Benefit Retirement Plan.........................,.....". 4 (e) Pastuka Defined Benefit Pension Retirement Plan................., 5 (f) Miscellaneous Property...........,.........,.... 6 (g) Property to Wife .....",........,......,. 6 (h) Property to Husband ..........'....,...... 6 (i) Capital Gains Taxes ................ 7 (j) Business Interesl........."... 7 4, ALIMONY......,...."..,....... 7 5, LIABILITIES..........,............ 8 6. COUNSEL FEES ...,.............................. 11 7. WANER OF BENEFICIARY DESIGNATIONS ............ 11 ii ~ r ~\J"'''''\:I'''''(1f ""'U vlll;:lllI Ul ::.-S-.:LLl p,m Otl-O~-LUO~ 4 ()7 TABLE OF CONTENTS (Contlnued) HEADlNGS PAGE 8. RELEASE OF CLAIMS ............................. 12 9. APPROVAL OF MARITAL SETTLEMENT AGREEMENT BY THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLV ANlA AS A CONDITION OF EFFECTNENESS...................... 12 10. PRESERVATION OF RECORD ........................ 14 II. MODJFICATION ................................. 15 12. SEVERABILITy................................. 15 13. BREACH ....................................... 15 14. WANER OF BREACH ............................. 15 15. NOTICE ....................................... 15 16. APPLICABLE LAW ............................... 16 17. AGREEMENT BlNDING OR PARTIES AND HEIRS ....... 16 18. ENTIRE AGREEMENT ............................. 16 19. PRIOR AGREEMENTS ............................ 16 20. INCORPORATION OF DOCUMENTS ................... 17 21. MUTUAL COOPERATION ........................... 17 22. DATE OF EXECUTION ............................ 17 23. EFFECTNE DATE ............................... 17 24. AGREEMENT NOT TO BE MERGED ................... 17 25. EFFECT OF RECONCILIATION iii ~ r , " L...,U "+UVt> 'vUII!IIlIYlldIJl <::IIIU L-lIerlll Oi :33::.!9 p_rn 08-05-2005 5127 RECONCILIATION ATTEMPT .................. TABLE OF CONTENTS (Continued) 18 HEADINGS PAGE 26. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS................ 27. CONTRACT INTERPRETATION....................... 28. ENFORCEMENT................... 29. HEADINGS NOT PART OF AGREEMENT ............... 30. COUNTERPARTS ................................. 18 19 19 19 19 iv ," <!...)U <fUv;:f ......UIUIUlyllc:llTl arm L.-nernl 01 :3334 p.rn 08-05-2005 6/27 , MUUUTAL SETTLEMENT AGREEMENT TIDS AGREEMENT made this _ day of August, 2005 by and between JOSEPH O'DONNELL of Mechanicsburg, Cumberland County, Pennsylvania (hereinafter referred to as "HUSBAND"), and CONNIE O'DONNELL of Mechanics burg, Cumberland County, Pennsylvania (hereinafter referred to as "WIFE"), WITNESSETH: WHEREAS, WIFE was born on September 4,1951, and currently resides at 4193 Nantucket Drive, Mechanicsburg, Cumberland County, Pennsylvania; WHEREAS, HUSBAND was born on July 19, 1954, and currently resides at 1402 Timber Chase Drive, Mechanicsburg, Cumberland County, Pennsylvania; WHEREAS, the parties hereto are husband and wife, having been married on December 19, 1993, in New Cumberland, Cumberland County, Pennsylvania; WHEREAS, the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership of real and personal property, the support and maintenance of one another, and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of these premises, and of the mutual promises, covenants, and undertakings hereinafter set forth, and for other good and valuable consideration, receipt and sufficiency of which is hereby acknowledged by each of the parties hereto, 1 , \ f ,(....0 '>OV'::I .....urlfllfl9l1i::lIrl <JI1Q .....nernJ U1 :~~:41 p.rn OB-'Jb-2005 71?7 " HUSBAND and WIFE, each intending to be legally bound hereby, covenant and agree as follows: I. ADVICE OF COUNSEL: The provisions of this Agreement and their legal effect have been fully explained to WIFE by her counsel, Samuel 1. Andes, Esquire, and to HUSBAND by his counsel, Jordan D. Cunningham, Esquire. Each party acknowledges that he or she has had the opportunity to receive independent legal counsel of his or her selection, and that each fully understands the facts and his or her legal rights and obligations, and each party acknowledges and accepts that this Agreeroent is, in the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, and that execution of this Agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. In addition, each party hereby acknowledges that he or she is aware of the impact of the Pennsylvania Divorce Code, 23 Pa. C.S.A. ~3l01, et ~., whereby the Court has the right and duty to determine all martial rights of the parties including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same, and being fully advised of his or her rights thereunder, each party hereto still desires to execute this Agreement, acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his and her respective right to have the Court of Common Pleas of Cumberland County, or any other court of competent jurisdiction, make any determination or order affecting the respective parties' rights to alimony, alimony pendente lite, equitable distribution of all marital property, counsel fees and costs of litigation, or any other right arising from the parties' marriage. 2 I t f ,L.:>D 40UlJ .....unmngnam and Ivnerm 01,34:01 p.rn 08-05-2005 B /27 2. DISCLOSURE OF ASSETS: Each of the parties hereto acknowledges that he or she is aware of his or her right to engage in discovery, including but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories, and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure and each of the parties specifically waives his or her right to engage in any further discovery. Each of the parties further acknowledges that he or she is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the Courts of this Commonwealth or any other Court or competent jurisdiction. The respective parties do hereby warrant that there has been full and fair disclosure to the other of his or her income, assets and liabilities, and each party agrees that any right to further disclosure, valuation, enumeration or statement thereof in this Agreement is hereby specifically waives, and the parties do not wish to make or append hereto any further enumeration or statement. The parties hereby acknowledge and agree that, based upon the warrants of disclosure, the division of the marital assets as set forth in this Agreement is considered fair, reasonable and equitable, and is satisfactory to them. Each of the parties hereto further covenant and agree for himself and herself and his or her heirs, executors, administrators or assigns, that he or sbe will never at any time hereafter sue the other party or his or her heirs, executors, administrators or assigns in any action of contention, direct or indirect, and allege therein that there was any duress, undue influence, or that there was a failure to have available full, proper and independent representation by legal counsel. 3 , " L..J.... ""Vt> vUlIIIIJI\:IIICUll dllU lAlellll U1 :341~ p.m. 08-05-2005 9 127 .. ,. 3. EQUITABLE DISTRIBUTION: (a) Real PropertY: The parties acknowledge that HUSBAND and WIFE are the owners of a parcel of real property known and numbered as: (i) 4193 Nantucket Drive. Mechanicsburi!. Cumberland County. Pennsvlvania. The parties agree that HUSBAND transfers to WIFE all of his right, title and interest in the above referenced property and shall execute a Special Warranty deed in recordable form to extinguish all claims thereto. WIFE shall be solely responsible for all costs, expenses and liabilities associated with or attributable to her interest in the above described parcel of real estate, including but not limited to any mortgages, taxes, insurance premiums, utilities, maintenance and repairs. (b.) Fumishines and Personal Prooerty: As ofthe effective date of this Agreement, HUSBAND sets over, transfers and assigns to WIFE all of his right, title, claim and interest in and to all items of personality in WIFE'S possession. Effective as of the date of this Agreement, WIFE shall set over, transfer and assign to HUSBAND all of her right, title, claim and interest in all items of personality in HUSBAND'S possession. (c.) Motor Vehicles: (i.) WIFE shall retain possession of and receive as her sole and separate property a 1998 Audi. 4 , " "-oJV"'1"Uvo:> '--'u,,,,,,,~,,a,,, a,'U '--"tt:::'ltt Vl :"-:"I:Ltl p.m Ud-U::>-LUU~ (ii) HUSBAND and WIFE agree to execute, acknowledge and deliver, within thirty (30) days of HUSBAND'S or WIFE'S request, any and all instruments or documents necessary to effectuate the transfer of the vehicles pursuant to the terms of this subparagraph. (iii) The parties agree to indemnify and hold each other and their property harmless from any liability, cost or expense, including attorney's fees, incurred in connection with the vehicle(s) awarded to them by the terms of this subparagraph. (d.) Pennsylvania State Eroolovees Retirement System Defined Benefit Retirement Plan: The parties agree that HUSBAND shall be awarded one hundred percent (100%) of the marital portion of HUSBAND'S pension benefit under the Pennsylvania State Employees Retirement System Defined Benefit Retirement Plan. WIFE waives any interest she may have had in HUSBAND'S Pennsylvania State Employees Retirement Defined Benefit Pension Retirement Plan. WIFE shall execute any documents required by the Plan Administrator to effect a waiver therein. (e) Pastuka Defined Benefit Pension Retirement Plan HUSBAND waives any interest he may have had in WIFE'S Pastuka Defmed Benefit Pension Retirement Plan. HUSBAND shall execute any documents required by the Plan Administrator to effect a waiver therein. 5 lU III ........"",,,\:1,,...,,' CH'U ....."""Io" \n:':>'L'" p.rn Utl- U:>-~UU:> (f) Miscellaneous Prooertv: All property not specifically addressed herein shall be hereafter owned by the party to whom the property is titled; and if untitled, the party in possession. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from each to the other. (g) Property to Wife: The parties agree that WIFE shall own, possess, and enjoy, free from any claim of HUSBAND, the property awarded to her by the terms of this Agreement. HUSBAND hereby quitclaims, assigns and conveys to WIFE all such property, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shaH constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from HUSBAND to WIFE. (h) Prooerty to Husband: The parties agree that HUSBAND shall own, possess, and enjoy, frec from any claim of WIFE, the property awarded to her by the terms of this Agreement. WIFE hereby quitclaims, assigns and conveys to HUSBAND all such. property, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rigbts in such property from WIFE to HUSBAND. 6 11f'lf \ I ! ! r II L.jCJ <H1U~ l,Unnlngflarn and L.flerni 01 :34:48 p.m. 08-05-2005 (i) Capital Gains Taxes WIFE shall be responsible for any Capital Gains Taxes that may result from the sale and/or transfer of the property known and numbered as 4193 Nantucket Drive, Mcchanicsburg, Pcnnsylvania. (j) Business Interest(s) HUSBAND's interest in the corporation and shares of the corporation known as Pro Deck Seal, Inc. shall belong solely to HUSBAND. 4. ALIMONY HUSBAND shall pay to WlFE the sum of $400.00 per month, as alimony, payable monthly on the 15th day of each successive month for a period of 12 months commencing August 15,2005 and terminating on August 15, 2006, with the last payment being made on July 15,2006. During the same twelve (12) months which alimony is being paid, HUSBAND shall not pay any of WIFE's unreimbursed medical expenses. The provisions of this Paragraph are non-modifiable and not subject to change due to a change in circustances with the following exceptions: WIFE'S or HUSBAND'S death, in that event, HUSBAND's duty to pay alimony shall tcnninatc as ofthc datc of WIFE's death. The parties agree that the entire amount being paid to WIFE pursuant to this Paragraph is a separate maintenance periodic payment, included and intended to be included with the income of the WIFE within the meaning and intent of Section 71 of the United States Internal Revenue Code of 1954 and deductible from the HUSBAND's gross income pursuant to the provisions of Section 215 of the United States Intemal Revenue Code of 1954. WIFE agrees that all said payments shall be included as income of the WIFE in her applicable tax returns and that 7 12/27 I \ \ 1\ f L,.)O ~O\J':1 L.-unnlngnam and Lnerni 01 35.00 p.m OB-05-2005 13/27 she shall pay such taxes as may be required by reason of such inclusion. WIFE shall notify the Cumberland County Office of Domestic Relations and modify the current Order to direct that spousal support be terminated. 5. LIABILITIES (a) HUSBAND shall pay the following liability heretobefore incurred by, HUSBAND pursuant to the Bankruptcy Plan of Reorganization filed by HUSBAND docketed in the Bankruptcy Court for the Middle District of Pennsylvania at docket number 1-03-01389. (b) HUSBAND shall be solely responsible for all debt he has incurred in his name alone, including, but not limited to, obligations to issuers of credit cards in his name, and HUSBAND further agrees that he will indemnify and hold WIFE and her property hannless from any liability, cost or expense, including attorney's fees, associated with these obligations. Specifically, HUSBAND shall be responsible for the repayment of employee trust fund taxes owed to the United States of America. (c) WIFE agrees that she shall pay the mortgage debt owed to GMACMortgage Corporation; be solely responsible for all debt she has incurred in her name alone, including, but not limited to, obligations to issuers of credit cards in her name and WIFE further agrees that she wiII indemnify and hold HUSBAND and his property harmless from any liability, cost or expense, including attomey's fees, associated with these obligations. In relation to the B f 1 f ~::H:l 4t10Y Cunningham and Cherni 01 :35: 12 p.m 08-05-2005 14/27 mortgage debt owed to GMAC Mortgage Corporation, WIFE shall either pay the debt in full within six (6) months oftbe date of this Agreement or WIFE shall seek to refinance the mortgage debt every successive six (6) months and fmance the entire then existing balance of the mortgage debt owed to GMAC Mortgage Corporation. WIFE shall not obtain a second mortgage or any financing utilizing the real estate transferred to WIFE pursuant to Paragraph 3( a)(i) ofthis Agreement as collateral for any future loans or advances of money until the mortgage owed to GMAC Mortgage Corporation is satisfied in full. (d) Unless otberwise provided herein, each party hereby assumes the debts, encumbrances, taxes (past and future) and liens on all the property each will hold subsequent to the date ofthis Agreement, and each party agrees to indemnify and hold harmless the other party and his or her property from any claim or liability, cost or expense, including actual attorney's fees, that the other party will suffer or may be required to pay because of such debts, encumbrances or liens. (e) LiabilitvNot Listed: Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than those described in this Agreement, on which the other party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and each party agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all such debts, obligations and liabilities. 9 , ), ~JO <tout! I...-unnlngnam ana vnerm 01 :35:25 p.m_ 08-05-2005 15/27 (f) Indemnification of Wife: If any claim, action or proceeding is hereafter initiated seeking to hold WIFE liable for the marital and business debts or obligations assumed by HUSBAND under this Agreement as a result of his default in the payment of the said marital or business debts, HUSBAND shall, at his sole expense, defend WIFE against any such claim, action or proceeding, whether or not well.founded, and indemnity her and her property against any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorney's fees incurred by WIFE in connection therewith. (g) Indemnification of Husband: If any claim, action or proceeding is hereafter initiated seeking to hold HUSBAND liable for the debts or obligations assumed by WIFE under this Agreement, WIFE shall, at her sole expense, defend HUSBAND against any such claim, action or proceeding, whether or not well-founded, and indemnity him and his property against any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorney's fees incurred by HUSBAND in connection therewith. (h) Warranty as to Future Obligations: HUSBAND and WIFE shall take all steps necessary to assure that no credit cards or similar accounts or obligations exist which provide for joint liability. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and 10 ,\/ LJU.,-QV" 'vurHlIllgn<1/O <1110 \....nernl 01:35:36 p.m 08-05-2005 16/27 the parties agree to cooperate in closing any and all accounts on which joint liability may be incurred. HUSBAND and WIFE each represents and warrants to the other that he or she will not at any time in the future incur or contract any debt, charge or liability for which the other, the other's legal representatives, property or estate may be responsible. Each party hereby agrees to indemnify, save and hold the other and his or her property harmless from any liability, loss, cost or expense whatsoever, including attorney's fees, incurred in the event of breach hereof. 6. COUNSEL FEES: HUSBAND and WIFE shall each be solely responsible for their respective counsel fees, costs and expenses which each of the parties may incur in connection with the negotiation and execution of this Agreement and the dissolution of their marriage. 7. WAIVER OF BENEFICIARY DESIGNATIONS: Unless as otherwise specifically set forth in this Agreement, each party hereto specifically waives any and all beneficiary rights in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final paychecks or any other post-death distribution scheme, and each party expressly states that it is his and her intention to revoke by the terms of this Agreement any beneficiary designations naming the other which are in effect as of the date of execution of this Agreement. If and in the event the other party continues to be names as a beneficiary and no alternate beneficiary is 11 11/ .:..10 <tauti' vUfHllngnam anu l..-nernl 01 :35:50 p.rn 08-05-2005 otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party. Notwithstanding the foregoing, however, in the event that either party hereto specifically designates the other party as a beneficiary of any asset after the date of execution of this Agreement, then this waiver provision shall not bar that party from qualifying as such beneficiary. 8. RELEASE OF CLAIMS: (a) HUSBAND and WIFE acknowledge and agree that the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to Section 3502 of the Divorce Code and HUSBAND and WIFE hereby waive any right to division of their property except as otherwise provided for in this Agreement. Furthermore, except as otherwise provided for in this Agreement, each of the parties hereby specifically waives, releases, renounces and forever abandons any claim, right, title or interest whatsoever he or she may have in or to property transferred to the other party pursuant to this Agreement or identified in this Agreement as belonging to the other party, and each party agrees never to assert any claim to said property or proceeds in the future. However, neither party is released or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. HUSBAND and WIFE shall hereafter own and enjoy independently of any claim or right of the other, acquired by him or her from the date of execution of this Agreement with full power in him or her to dispose of the same fully and effectively for all purpose. 12 17/27 \ I i \ I I I LJO *OUtl l..-unnrngnam ana L<nerm 01 :36:02 p.rn 08-05-2005 (b) Each party hereby absolutely and unconditionally releases and forever discharges the other and tile estate of the other for all purposes from any and all rights and obligations which either party may have or at any time hereafter has for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980 its supplements and amendments, as well as any other law of any other jurisdiction, except and only except all rights and obligations arising under this Agreement or for the breach of any of its provisions. ( c) Except as otherwise provided herein, each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, curtesy, widow's or widower's rights, family exemption or similar allowance, or under the intestate laws or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of 13 18/21 I I I \ I \ / '11 L.jO 40Ul;! L.unmngham and Cherni 01:36:15p.m 08-05-2005 19/27 the United States, or any other country. 9. APPROVAL OF MARITAL SETTLEMENT AGREEMENT BY THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA AS A CONDITION OF EFFICTIVENESS This Agreement is expressly condition upon the approval of the United States Bankruptcy Court for the Middle District of Pennsylvania as a condition subsequent to contract formation. In the event the Court fails to approve the provisions of this Agreement and fails to issue an Order transferring the real estate referred to in Paragraph 3(a)(i) of this Agreement free and clear of all liens and claims of creditors, then this Agreement shall be null and void as if it had not been entered into by the parties without prejudice to either of them. 10. PRESERVATION OF RECORDS: Each party will keep and preserve for a period of three (3) years from the date of divorce all fmancial records relating to the marital estate, and each party will allow the other party access to those records in the event of tax audit. I\. MODIFICATION: No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 12. SEVERABILITY: If any provisions of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force effect without being impaired or invalidated in any way. 14 /'1 / Ljd 4i:lU~ L,unnmgnam and Lherni OB-05-200S 01 :36:27 p,m 13. BREACH: If either party hereto breaches any provision hereof, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her. The non-breaching party shall be entitled to recover from the breaching party all costs, expenses and legal fees actually incurred in the enforcement of the rights of the non-breaching party. 14. WAIVER OF BREACH: The waiver by one party of any breach of this Agreement by the other party will not be deemed a waiver of any other breach or any provision of this Agreement. 15. NOTICE: Any notice to be given under this Agreement by either party to the other shall be in writing and may be effective by registered or certified mail, return receipt requested. Notice to WIFE, will be sufficient if made or addressed to the following: Connie O'Donnell 4193 Nantucket Drive Mechanicsburg, PA 17052 and to HUSBAND, if made or addressed to the following: Joseph O'Donnell 1402 Timber Chase Drive Mechanicsburg, P A 17055 Each party may change the address for notice to him or her by giving notice of that change in accordance with the provisions of this paragraph. 16. APPLICABLE LAW: lS 20/27 \ I I \ (1 ( L;.11:l 4tsU8 C-unnrngnam ana Chernr U1 :jtl:J{ p.m lJtHJ~-LUlJ::' .n ILf All acts contemplated by this Agreement shall be construed and enforced under the laws of the Commonwealth of Pennsylvania in effect as of the date of execution of this Agreement. 17. AGREEMENT BINDING OR PARTIES AND HEIRS: This Agreement, except as otherwise expressly provided herein, shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties. 18. ENTIRE AGREEMENT: Each party acknowledges that he or she has carefully read this Agreement, including all other documents to which it refers; that he or she has had the opportunity to discuss its provisions with an attorney of his or her own choice, and has executed it voluntarily; and that this instrument expresses the entire agreement between the parties conceming the subjects it purports to cover. This Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties. 19. PRIOR AGREEMENTS: The parties specifically agree that this Agreement shall supersede and any and all prior agreements between the parties. 20. INCORPORATION OF DOCUMENTS: All documents and other instruments referred to in this Agreement are incorporated into this Agreement as completely as if they were copied verbatim in the body of it. 21. MUTUAL COOPERATION: Each party shall on demand execute and deliver to the other any deeds, bills of 16 1\/ L..)O -.OI.JlJ L-unnlngnam ana Gnerm 01:~\j:4\:l p.m. UB-Ub-LOO~ sale, assignments, consents to change of beneficiaries of insurance policies or other benefits or assets, tax returns, and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on demand to comply with these provisions, that party shall pay to the other party all attorney's fees, costs, and other expenses actually incurred as a result of such failure. 22. DATE OF EXECUTION: The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they each have executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 23. EFFECTIVE DATE: This Agreement is effective and binding upon both parties as of August 15, 2005. 24. AGREEMENT NOT TO BE MERGED: The parties agree that this Agreement shall continue in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. Upon entry of the decree, the provisions of this Agreement may be incorporated by reference or in substance, but they shall not be deemed merged into such decree. The Agreement shall survive any such decree in divorce, shall be independent thereof, and the parties intend that all obligations contained in this Agreement shall retain their contractual nature in any enforcement proceedings, whether enforcement is sought in an action on the contract itself at law or in equity, or in any enforcement action filed to the divorce caption, including ~31 05 of the Divorce Code. 17 22 /2l I \ I \ \ \ i I I i \ \ \ I I ""U'''''''\J'''''''' .,,'U ...,"t:I'1l I.J'I:,:<,I:UL p.rn 'J,j-'J::I-LUU:J i~11'lf 25. EFFECT OF RECONCILIATION OR RECONCILIATION ATTEMPT: This Agreement shall remain in full force and effect and shall not be abrogated even ifthe parties effect a reconciliation, cohabit as husband and wife or attempt to effect a reconciliation. This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties in writing execute a statement declaring this Agreement or any term of this Agreement to be null and void. 26. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS This Agreement shall no be considered to bar the right of WIFE or HUSBAND to a divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party of any act on the part of the other party which has caused the disputes which or which has occurred prior to or which may occur subsequent to the date hereof. The HUSBAND and WIFE intend to secure a mutual consent, no- fault divorce pursuant to the provisions of Section 330l(c) of the Pennsylvania Divorce Code of 1980 and each will execute all documents necessary to secure an Order of Divorce. 27. CONTRACT INTERPRETATION For purposes of contract interpretation and for the purpose of resolving any ambiguity herein, the parties agree that this Agreement was prepared jointly by their respective attorneys. 28. ENFORCEMENT It is expressly stipulated that if either party fails in the due performance of any of his or her material obligations under this Agreement, the other party shall have the right, at his or 18 1 \, L..)V "UVtl " 0' \...-UllIllllgrlafn ana Ivnerm 01:37:16p_m. 08-05-2005 her election, to sue for damages for breach thereof, to sue for specific performance, to rescind this Agreement, or to seek any other legal remedies as may be available, and the defaulting party shall reimburse the nondefaulting party for any legal fees and expenses for any services incurred in any action or proceeding to compel performance hereunder. 29. HEADINGS NOT PART OF AGREEMENT: Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 30. COUNTERPARTS: This Agreement may be executed in counterparts, each of which will be an original and which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the dates of their acknowledgroents. WITNESS: 19 24/27 I \ \ \ I I \ \ I t I LJO <tOU::t . 1 . ......unmngnam ana l-nernr /' , / ,/j (5 ~~17 -()S"""" 01 :37:24 p.m 08-05-2005 I /( i ~ ~j!"'H tLL<.- ( ',A ('''I ( CONNIE O'DONNELL , .DD~ OSEPH O'DONNELL 20 25127 , L / , CL --l- I- I I CERTIFICATE OF SERVICE I do hereby state that on the j(fday of April, 2006, I served a true and correct copy of the foregoing in the captioned matter, by placing the same in the United States mail, first-class, postage prepaid, in Harrisburg, Pennsylvania, addressed to: Samuel 1. Andes, Esquire 525 North Twelfth Street Lemoyne, P A 17043 ngela 1. Hewitt Legal Secretary (T") o n -:1 l.'\ r..,~'- t" . Jordan D. Cunningham, Esquire Pa. Supreme Court J.D. 23144 Cunningham & Chernicoff, P.C. 2320 North 2m! Street P.O. Box 60457 Harrisburg, PA 17106-0457 Telephone: 717-238-6570 Facsimile: 717-238-4809 Attorneys for Plaintiff JOSEPH O'DONNELL, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vi. : NO. 01-161 CONNIE O'DONNELL, Defendant : CNILACTlON -LAW : IN DNORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a Divorce Decree: 1. Ground for divorce: irretrievable breakdown under ~3301(c) or JJ01(d)(1) of the Divorce Code. (Strike out inapplicable section.) 2. Date and manner of service of the Complaint: June 21. 2001. as evidenced by Defendant's counsel. Samuel 1. Andes. Esquire. execution of Praecipe acknowledging acceptance of service of the Comolaint and Amended Comolaint on behalf of the Defendant. docketed April? 2006. 3. (Complete either Paragraph (a) or (b)). (a) Date of execution of the Affidavit of Consent required by g3301(c) of the Divorce Code: by Plaintiff: March 27. 2006 Defendant: March 14. 2006 (b) (I) Date of execution of the Affidavit required by g330l(d) of the Divorce Code: N/A (2) Date of filing and service of the Plaintiffs Affidavit upon the respondent: NI A 4. Related claims pending: N/A 5. (Complete either Paragraph (a) or (b)). (a) Date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, a copy of which is attached: NI A (b) Date Plaintiffs Waiver of Notice in g3301(c) Divorce was filed with the Prothonotary: March 28. 2006 Date Defendant's Waiver of Notice in g330l(c) Divorce was filed with the Prothonotary: March 28. 2006 Respectfully submitted, CUNNING FF,P.C. / ./ / J.D. 23 44 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 Telephone: (717) 238-6570 Dated: April 10. 2006 F,IHOMEIAHEWlTIIDOCSIO-P\ODONNEUlDlVORCEIPRAETRAN. WPD 2 ,- , r".) ~ ~'<J ,". ~ . + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + +. + + ++ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + . + +++ + ++ + ;f.:f.:+''f;+::f.:f. :f.:+;:f.:f.;t;:+:f.:f.:f.:+: :f.:+::+::f.:t-: :f.:+::.l':+::+::+::+:+.:+::+. :+::+:+.:f.:+:+. +. of Of :t' +. :f. :f. :+: :+: :+: :+: :+: :f. +. ++ + + + + + + + + + + + + + , + + + + + + + + , + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY Joseph O'Donnell PENNA. STATE OF No. 01-161 VERSUS Connie O'Donnell + + + + + + + + + + , + DECREE IN DIVORCE ~r~ ( ) D , IT IS ORDERED AND 2006 AND NOW, DECREED THAT Jospeh O'Donnell , PLAINTIFF, AND Connie O'Donnell , 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; NONE The terms, provisions and conditions of the Marital Settlement Agreement, attached hereto, are hereby incorporated into this Decree in Divorce by reference as though fully set forth herein. merge with but shall survive this Decree in Said Agreemen& shall not ni vorce. By THE COURT: J. fY9; ( PROTHONOTARY Of.:+:;+' '+':+::+::+::+:+::+::f.:+: :+::+::+::+::+: :+:+.:+:+ :+::+:+:+::+:+.:+::+::+:+.+.+:+:+:+::+::+::+:++.:+::+::+::+: +++:+::+:+++++++ + + + . + + + + . + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + . ++ -7.7-"Jt:.' -/1' -J..?-Se' -1/ '~;:J f/ "C ./. /lfT~"Y/ "7Y"if, "'7""-" 0/ jZ'1 /fl':'" II~I ;~'? .. ""..