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HomeMy WebLinkAbout04-2538ROBERT D. BOYLE : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff P __r :NO. Oil-- as3 tug rir+-\ r V. CIVIL ACTION -LAW DIANA L. MARSHALL-BOYLE : INDIVORCE Defendant NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim of 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. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Street Carlisle, PA 17013 (800) 990-9108 or (717) 249-3166 ROBERT D. BOYLE : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. - as3Q (21' ? N V. CIVIL ACTION - LAW DIANA L. MARSHALL-BOYLE : IN DIVORCE Defendant COMPLAINT DIVORCE UNDER SECTION 3301(c) and (d) OF THE DIVORCE CODE AND NOW COMES Plaintiff, Robert D. Boyle, by his attorney, Jay R. Braderman, Esquire, and respectfully represents as follows: 1. Plaintiff, Robert D. Boyle, Social Security Number 155-68-2865, is an adult individual maintaining an address at 812 West Main Street, Apartment 4, Ephrata, Lancaster County, Pennsylvania, 17522. 2. Defendant, Diana L. Marshall-Boyle, Social Security Number 159-62-8218, is an adult individual residing at 1003 Namoc Drive, Apartment 13, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. Defendant has been a bonafide resident in the Commonwealth and County of Cumberland for at least 6 months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on August 30, 1995 in Snow Hill, Maryland. 5. There have been no prior actions for divorce or annulment between the parties. 6. The Plaintiff is a citizen of the United States of America. 7. The Defendant is not a member of the Armed Services of the United States or any of its Allies. 8. The causes of action and sections of the Divorce Code under which Plaintiff is proceeding are: A. Section 3301(c). The marriage of the parties is irretrievably broken. After ninety (90) days have elapsed from the date of filing this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an Affidavit. B. Section 3301 (d). The marriage of the parties is irretrievably broken. The date of separation was on or about May, 2003. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter a Decree in Divorce from the bonds of matrimony. COUNTI EQUITABLE DISTRIBUTION UNDER SECTION 3502 OF THE DIVORCE CODE 9. Paragraphs 1 through 8 of this Complaint are incorporated herein by reference as though set forth in full. 2 10. Plaintiff and Defendant have acquired property, both real and personal during their marriage from August 30, 1995 to date. 11. Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties and the marital debts of the parties without regard to marital misconduct in such proportions as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff respectfully requests the Court to enter an Order of equitable distribution of marital property and marital debts. Submitted, Date: 1 Locust Street . O. Box 11489 arnsburg, PA 17108-1489 (717) 232-6600 Attorney For Plaintiff 3 ROBERT D. BOYLE : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. CIVIL ACTION - LAW DIANA L. MARSHALL-BOYLE : IN DIVORCE Defendant AFFIDAVIT ROBERT D. BOYLE, being duly sworn according to law, deposes and says: I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. I understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a Divorce Decree being handed down by the Court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4909 relating to VERIFICATION Upon my personal knowledge or information and belief, I hereby verify that the facts averred in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein made are subject to the criminal penalties of 18 Pa.C.S. § 4904, relating to unworn falsification to authorities. Date: 2(0 - I I verify that I have reviewed this form with my client and to the best of my knowledge the allegations herein are true and correct. Date: Attorney For Plaintiff P. O. Box 11489 Harrisburg, PA 17108-1489 (717) 232-6600 ?r ? ? o c oz-) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT D. BOYLE, Plaintiff V. DIANA L. MARSHALL-BOYLE, Defendant NO. 2004-2538 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PETITION RAISING MARITAL CLAIMS AND NOW, Defendant Diana L. Marshall-Boyle, by and through her attorney, Howett, Kissinger & Conley, P.C., files a Petition Raising Marital Claims, and in support thereof, avers the following: Plaintiff is Robert D. Boyle, an adult individual who currently resides at 812 West Main Street, Apartment 4, Ephrata, Lancaster County, Pennsylvania, 17522-1673. 2. Defendant is Diana L. Marshall-Boyle, an adult individual who currently resides at 1003-13 Nanroc Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055- 4480. 3. Plaintiff and Defendant were married on August 30, 1995. 4• A Complaint for Divorce was filed by Plaintiff on June 4, 2004 in Cumberland County, Pennsylvania. 5. Defendant hereby raises the following marital claims: 6. The foregoing paragraphs of this Petition are incorporated herein as if set forth at length. 7. Defendant lacks sufficient property to provide for her reasonable means and is unable to support herself through appropriate employment and requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. 8. Defendant is unable to sustain herself dining the course of this litigation. WHEREFORE, Defendant requests the Court to enter an award of reasonable temporary spousal support and alimony until final hearing and permanently thereafter. COUNT I1- COUNSEL FEES EXPENSES AND COSTS OF SUIT 9. The foregoing paragraphs of this Petition are incorporated herein as if set forth at length. 10. Defendant has retained an attorney to defend her in this action and has agreed to pay her a reasonable fee. 11. Defendant has incurred and will incur costs and expenses in defending this action. 12. Defendant is not financially able to meet either the expenses and costs of defending this action or the fees to which her attorney will be entitled in this case. WHEREFORE, Defendant requests the Court to enter an award of interim counsel fees, costs and expenses until final hearing and thereupon award such additional counsel fees, costs and expenses as deemed appropriate. COUNT III - REQUEST FOR CUSTODY AWARD UNDER §3104(aa)(2) AND §3323(b) OF THE DIVORCE CODE 13. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 14. The parties are the parents of the following unemancipated children who reside with Defendant at 1003-13 Nanroc Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055-4480: Name Date of Birth Victoria Lynne Boyle Alexa Boyle December 1, 1997 February 21, 2000 15. During the past several years, the children have resided with the parties and at the addresses herein indicated: With Whom Addresses Mother 1003-13 Nanroc Drive Mechanicsburg, PA Dates May 2003-present Mother & Father 1003-13 Nanroc Drive Prior to May 2003 Mechanicsburg, PA 16. Defendant has not participated in any other litigation concerning the children in this or any other state. 17. There are no other proceedings pending involving custody of the children in this or in any other state. 18. Defendant knows of no person not a party to these proceedings who has physical custody of the children or who claims to have custody, partial custody or visitation rights with respect to the children. 19. The best interests of the children require that Defendant be awarded majority physical custody and shared legal custody. WHEREFORE, Defendant Diana L. Marshall-Boyle respectfully requests that this Honorable Court enter an Order granting her majority physical and shared legal custody of the children. Respectfully subrnitted, Date: Cindy S. Conley, quire HOWETT, KISSIIVGER & CONLE Y l 130 Walnut Street, P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff Diana L. Marshall-Boyle IF VERIFICATION I, Diana L. Marshall-Boyle, hereby swear and affirm that the facts contained in the foregoing Petition Raising Marital Claims are true and correct to the best of my knowledge, information and belief and are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. Date: June 16, 2004 iana L. M4aall- Boy le IN THE COURT OF COMMON PLEAS ROBERT D. BOYLE, Plaintiff V. DIANA L. MARSHALL-BOYLE, Defendant CERTIFICATE OF SERVICE I, Cindy S. Conley, Esquire, counsel for Diana L. Marshall-Boyle, Defendant in the above-captioned action, hereby certify that a true and correct copy of the foregoing Petition Raising Marital Claims was served upon Jay R. Braderman, Esquire, counsel for Plaintiff Robert D. Boyle, by depositing same in the United States mail, first class, on June 16, 2004, addressed as follows: OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-2538 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE Jay R. Braderman, Esquire 126 Locust Street P.O. Box 11489 Harrisburg, PA 17108-1489 Date: & ?k s -2-c Cindy S. Conte r- y> quire HOWETT, KIS GER & 130 Walnut Street, P.O. Box Harrisburg, PA 17108 P.C. Telephone: (717) 234-2616 Counsel for Plaintiff Diana L. Marshall-Boyle c cc c G 1 V' n G- L .? p -S ROBERT D. BOYLE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 04-2538 CIVIL ACTION LAW DIANA L. MARSHALL-BOYLE IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday June 22, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy Esq. the conciliator, at 301 Market Street Lemoyne PA 17043 on Thursday, July 29, 2004 at 1:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT', By: /s/ Melissa P reev+y EW mnc Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 4-"V S o 1w EZ' (hNl J;iD -IHI (s AUG 1 1 2004 f ROBERT D. BOYLE, Plaintiff V. DIANA L. MARSHALL-BOYLE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-2538 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this ` day of August, 2004, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Robert D. Boyle and Diana L. Marshall-Boyle, shall have shared legal custody of the minor children, Victoria Lynne Boyle, born December 1, 1997, and Alexa Boyle, born February 21, 2000. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody. Mother shall have primary physical custody subject to Father's rights of partial custody which shall be arranged as follows: A. Commencing August 6, 2004, on alternating weekends from Friday at 6:00 p.m. until Sunday at 8:00 p.m. During the school year, the weekend return time shall be 6:00 p.m. on Sunday. However, during the summer school recess, the Sunday return time shall be at 8:00 p.m. B. At such other times as the parties may agree. 3. Transportation. Father shall provide transportation instant to custodial exchanges NO. 04-2538 CIVIL TERM 4. Holidays. The following holiday schedule shall take precedence over the regular schedule: A. Mother's Day and Father's Day. The custodial period for Mother's Day and Father's Day shall be from 9:00 a.m. until 6:00 p.m. Mother shall have custody for Mother's Day and Father shall have custody for Father's Day. B. Alternating Holidays. The following holidays shall be alternated between the parties beginning with Father having custody for Labor Day 2004: Easter, Memorial Day, Independence Day and Thanksgiving. The custodial time for the Thanksgiving shall be defined as Wednesday at 6:00 p.m. until the Monday following Thanksgiving at 6:00 p.m. C. Christmas. The parties shall have Segment A/B Christmas schedule. Segment A shall be from December 24th at 8:00 a.m. until December 24th at 8:00 p.m. Segment B shall be from December 24th at 8:00 p.m. until December 26th at noon. In even numbered years, Mother shall have Segment A and Father shall have Segment B. In odd numbered years, Father shall have Segment A and Mother shall have Segment B. D. When the children have more than two days off school, consecutively or split between the weekend, the parties will share as equally as possible that school break. This is likely to occur over the Christmas, Easter and Spring breaks. 5. Summer Vacation. Each party shall be entitled to two weeks of summer vacation with the children. Those weeks shall not run consecutively until the oldest child is ten years of age. After the oldest child is ten years of age, the parties may choose to have their two weeks of vacation run consecutively. The parties will provide each other with forty- five days written notice of their intended vacation plans for purposes of avoiding scheduling conflicts. In the event the parties learn that they have scheduled overlapping or conflicting vacations, the party first providing written notice shall have the choice of vacation time. The parties will include their regular custodial weekend during their vacation time. 6. First Right of Refusal. In the event that either party is unavailable for a period of custody which takes then away from the children overnight, the option of caring for the children will be made to the other parent prior to arranging for a third party caregiver. In any event, however, the parties will provide each other with written notice of any other babysitter or caregiver which will include the name, address and telephone number of the adult caring for the children. NO. 04-2538 CIVIL TERM 7. The parties have reserved the issues of childhood immunizations and the choice of either the Waldorf School or Donegal School District. In the event that the parties have not resolved these two issues by August 18, 2004, upon request a hearing on the limited issues of immunization and school will be scheduled with the Court. The parties need not return to Conciliation prior to attending the hearings. BY J. Dist: Z ay Braderman, Esquire, 126 Locust Street, P.O. Box 11489, Harrisburg, PA 17108-1489 indy S. Conley, Esquire, 130 Walnut Street, P.O. Box 810, Harrisburg, PA 17108 V ?. AUG 1 1 2004 ROBERT D. BOYLE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-2538 CIVIL TERM V. DIANA L. MARSHALL-BOYLE, Defendant CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Victoria Lynne Boyle December 1, 1997 Mother Alexa Boyle February 21, 2000 Mother 2. A Custody Conciliation Conference was held on July 29, 2004 in response to the filing of Mother's Petition raising marital claims of which custody was one count. The Petition was filed on June 17, 2004. Present for the conference were: the Father, Robert D. Boyle, and his counsel, Jay Braderman, Esquire; the Mother, Diana L. Marshall-Boyle, and her counsel, Cindy S. Conley, Esquire. 3. The parties reached an agreement in the form of an Order as attached with the exception of two issues. The two issues unresolved were the immunization of the children and the choice of school for the children. However, neither party requested a hearing. The parties will do research regarding the choices of schools the children may attend and the grounds upon which parents may refuse to immunize their children. They will attempt to resolve their differences by August 18, 2004. In the event that they are not able to do so by August 18, 2004, the parties may petition the court for hearing on these limited issues without the need to return to conciliation prior to the hearing. 4. The unresolved issues. A. Childhood Immunization. (1) Mother's Position. Mother's position is that the parties agreed during the marriage that the children would riot be immunized. However, she stated that she would immunize the children for rubella at age eight. It is her NO. 04-2538 CIVIL TERM belief that prior to that time the children's immune system would be too underdeveloped to handle the vaccine. Mother expressed her belief that the illness for which children are immunized are treatable illnesses. She further indicated that she had already signed forms that would be necessary for children attending school to not be immunized. (2) Father's Position. Father supports traditional immunizations as might be recommended by a pediatrician. B. School Choice. (1) Mother's Position. Mother prefers that the children attend the Waldorf School. They had investigated this school prior to moving to Central Pennsylvania. Mother also points out that the oldest child attended this school for the 2003/2004 year and was happy and successful there. (2) Father's Position. Father objects to the children attending the Waldorf School. Father reports that both and he and Mother were products of public school educations. He expresses concern about an article that he read which reports that the Waldorf School teach based on Steiner's theory of child development. Q at ssa Peel Greevy, Esquire Custody Conciliator :233079 ROBERT D. BOYLE, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. DIANA L. MARSHALL-BOYLE, DOCKET NO. 04-2538 CIVIL TERM CIVIL ACTION -- LAW : IN DIVORCE Defendant MOTION FOR APPOINTMENT OF MASTER ROBERT D. BOYLE, Plaintiff, moves the Court to appoint a Master with respect to the following claims: XX Divorce ? Annulment ? Alimony ? Alimony Pendente Lite XX Distribution of Property o Support ? Counsel Fees ? 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 Defendant had previously appeared in the action by her attorney, Cindy Conley, Esquire. (3) The statutory ground(s) for divorce are 3301(c) and 3301 (d). (4) The action is not contested. (4) This action does not involve complex issues of law or fact. (5) The hearing is expected to take one-half day. (6) Additional information, if any, relevant to the motion: N/A Date: l Q L 0 ?a A ? . ? WJ " Ci?i - JAY . GRADER AN„ESQUIRE Attorney for Plaintiff C = d :x C 2f c - t r ?. ?' ROBERT D. BOYLE, Plaintiff V. DIANA L. MARSHALL-BOYLE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 04-2538 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE ORDER AND NOW, W cr1V , 2007, Esquire is appointed Master with respect to the claims raised in this case. BY CO MOVING PARTY NON-MOVING PARTY Ro ert D. Boyle Diana L. Marshall-Boyle y R. Braderman, Esq. ndy Conley, Esq. 126 Locust Street Howett, Kissinger & Conley, P.C. P. O. Box 11489 130 Walnut Street Harrisburg, PA 17108-1489 Post Office Box 810 (717) 232-6600 Harrisburg, PA 17108 Attorney ID No. 07047 (717) 234-2616 .o ?? 00 v. Y VjqASM'v3d 90 :Z Wd 8Z NAr LOU ZOIJ-40-T311A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT D. BOYLE, Plaintiff ) NO. 2004-2538 CIVIL TERM V. ) DIANA L. MARSHALL-BOYLE, ) CIVIL ACTION - LAW Defendant ) IN DIVORCE PETITION TO WITHDRAW AS COUNSEL AND NOW, comes the undersigned, presently counsel for Defendant, Diana L. Marshall- Boyle, who hereby files the instant Petition to Withdraw as Counsel and in support thereof avers as follows: 1. Plaintiff initiated the above-captioned divorce action in 2004 requesting, inter alia, a divorce and equitable distribution of the marital estate. 2. Defendant retained the services of the law firm of the undersigned counsel by executing a fee agreement contract dated September 17, 2003. 3. The law firm of the undersigned has continued to represent Defendant since the execution of the fee agreement contract. 4. Defendant resides at 1475 Mount Pleasant Road, Columbia, Pennsylvania, 17512-8725. 5. Plaintiff is represented by Jay R. Braderman, Esquire. 6. E. Robert Elicker, II, Esquire, was appointed divorce master on June 28, 2007. 7. Defendant has not responded to numerous attempts to reach her both by phone and correspondence. 8. This non-responsiveness hinders the law firm of the undersigned's ability to continue effective representation of Defendant's interests in the above-referenced matter. 9. Opposing counsel, Jay R. Braderman, Esquire, has been apprised of the undersign's intention to file the instant Petition to Withdraw as Counsel, as he has no objection to counsel's withdrawal. WHEREFORE, the undersign respectfully requests this Honorable Court enter an Order permitting counsel to withdraw as counsel of record on Defendant's behalf. Respectfully submitted, Date: 7 71e r; Donald T. Kissinger, Esquire HOWETT, KISSINGER & HO ST, P.C. 130 Walnut Street, P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Defendant Diana L. Marshall-Boyle IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT D. BOYLE, Plaintiff NO. 2004-2538 CIVIL TERM V. DIANA L. MARSHALL-BOYLE, Defendant CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Donald T. Kissinger, Esquire, counsel for Diana L. Marshall-Boyle, Defendant in the above-captioned action, hereby certify that a true and correct copy of the foregoing Petition to Withdraw as Counsel was served upon Jay R. Braderman, Esquire, counsel for the Plaintiff Robert D. Boyle, and also upon the Defendant, Diana L. Marshall-Boyle, and the Divorce Master E. Robert Elicker, II, Esquire, by depositing same in the United States mail, first class, on July 27, 2007, addressed as follows: Jay R. Braderman, Esquire 126 Locust Street P.O. Box 11489 Harrisburg, PA 17108-1489 Ms. Diana L. Marshall-Boyle 1475 Mount Pleasant Road Columbia, PA 17512-8725 E. Robert Elicker, II, Esquire Office of Divorce Master 9 North Hanover Street Carlisle, PA 17013 ?- Date: ?7 /0'7 Donald T. Kissinger, Esquire HOWETT KISSINGER& HOLST, P.C. 130 Walnut Street, P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Defendant Diana L. Marshall-Boyle ?? W W O rN 3 ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT D. BOYLE, ) Plaintiff ) V. ) DIANA L. MARSHALL-BOYLE, ) Defendant ) NO. 2004-2538 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE RULE TO SHOW CAUSE AND NOW, this 310-day of A_A?t_ , 2007, upon consideration of the attached Petition to Withdraw as Counsel, a Rule is issued upon Defendant to show cause, if any, why the relief requested therein should not be granted. Said Rule is returnable no later than ? 0 days from service hereof. J. ffil ?? 4?? 45 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT D. BOYLE, Plaintiff V. DIANE L. MARSHALL-BOYLE Defendant No. 04-2538 CIVIL CIVIL ACTION - LAW ACTION IN DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE To the Prothonotary: Please enter my appearance in the above-captioned matter. --t.- ?,1 Date: )/,-Jo _'2007 CGA Law Firm By: Michelle Pokrifka, Esquire Supreme Court No. 66654 135 North George Street York, PA 17401 Tel: (717) 848-4900 • CERTIFICATE OF SERVICE I hereby certify that on this date a copy of the foregoing Praecipe for Entry of Appearance was served on the following individual in the manner indicated below: FIRST-CLASS MAIL ADDRESSED AS-FOLLOWS: Jay R. Braderman, Esquire 126 Locust Street PO Box 11489 Harrisburg, PA 17108-1489 Dated: f D , 2007 CGA Law Firm, P.C. By: Michelle Prokrifka, Esquire a o O e?.l N DIANA L. MARSHALL-BOYLE : IN THE COURT OF COMMON PLEAS Petitioner : CUMBERLAND COUNTY, PA V. Docket No. 04-2538 ROBERT D. BOYLE Respondent ACTION TO DETERMINE APL PETITION FOR ALIMONY PENDENTE LITE TO THE HONORABLE, THE JUDGES OF SAID COURT: The Petitioner respectfully represents: That Petitioner, Diana L. Marshall-Boyle, is an adult individual residing at 785 Karnes Hill Road, Columbia, PA 17512, is the Defendant in the underlying Divorce action, and pleaded the issue of alimony pendente lite in her Petition for Related Claims filed with the Prothonotary on June 17, 2004. 2. That Respondent, Robert D. Boyle, is an adult individual residing 381 Creekside Lane, Lititz PA 17543, and is the Plaintiff in the underlying divorce action. That Petitioner and Respondent were married on August 30, 1995, in Snow Hill, Maryland and separated in May 2003. 4. That Respondent has not sufficiently provided support for Petitioner. That Respondent is believed to be employed by Ciesco, Inc., P.O. Box 5099, Harrisburg, PA 17110, and earns approximately $10,000.00 gross per month. Respondent's Social Security number is 155-68-2865. 6. That Petitioner is employed at Lancaster School of Cosmetology, 1475 Mt. Pleasant Road, Columbia, PA 17512, and earns approximately $1,350.00 net per month. Petitioner's Social Security number is 159-62-8218. 7. That Petitioner is not receiving public assistance. 8. That the amount asked by the Petitioner for APL is: the maximum amount permitted by law. WHEREFORE, Petitioner prays that the Court enter an Order of Alimony Pendente Lite against Respondent, as well as require Respondent to provide medical support for Petitioner, if appropriate. I verify that the statements made in this Petition, and attached exhibits if any, 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 falsificatio to authorities. Date: c3liSll>? Michelle Pokrifka, Esquire, Attorney for Petitioner .-. _. DIANA L. MARSHALL-BOYLE : IN THE COURT OF COMMON PLEAS Petitioner : CUMBERLAND COUNTY, PA V. Docket No. 04-2538 ROBERT D. BOYLE Respondent ACTION TO DETERMINE APL CERTIFICATE OF SERVICE I hereby certify that on this date that a copy of the foregoing Petition for Alimony Pendente Lite was served on the following individual in the manner indicated below: FIRST-CLASS MAIL ADDRESSED AS FOLLOWS: Jay R. Braderman, Esquire 126 Locust Street PO Box 11489 Harrisburg, PA 17108-1489 CGA Law Firm, P.C. j y:- ichelle ro ifka, Esquire Dated: a // . , 2008 l /ivy t G DIANA L. MARSHALL-BOYLE, : THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 04-2538 CIVIL TERM ROBERT D. BOYLE, IN DIVORCE Defendant/Respondent : PACSES CASE NO: 075109824 ORDER OF COURT AND NOW, this 19th day of February, 2008, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R. J. Shadday on March 10, 2008 at 1:30 P.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11© (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you. If you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, Edgar B. Bayley, President Judge Copies mailed to: Petitioner Respondent Michelle Pokrifka, Esq. Jay R. Braderman, Esq. Date of Order: February 19, 2008 Al I- J. S dday, Conference Officer YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 r*Q e _ z ROBERT D. BOYLE, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 04-2538 CIVIL TERM DIANE L. MARSHALL-BOYLE, IN DIVORCE Defendant/Petitioner PACSES Case Number: 075109824 ORDER OF COURT - RESCHEDULE A CONFERENCE AND NOW, this 28th day of February 2008, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J. Shadday on Thursday, March 13, 2008 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. This date replaces the prior conference date of March 10, 2008. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.110 (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you (6) IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, Edgar B. Bayley, President Judge Date of Order: February 28, 2008 Copies mailed to: Petitioner Respondent Jay R. Braderman, Esq. Michelle Pokriflca, Esq. JV J. Sha ay, C ference Officer / 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 71 ROBERT D. BOYLE, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 04-2538 CIVIL TERM DIANA L. MARSHALL-BOYLE, : IN DIVORCE Defendant/Petitioner PACSES CASE ID: 075109824 ORDER OF COURT AND NOW, this 13th day of March 2008, based upon the Court's determination that Petitioner's monthly net income/earning capacity is $1,515.29 and Respondent's monthly net income/earning capacity is $6,745.97, it is hereby ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit One Thousand One Hundred Thirty One and 00/100 Dollars ($1,131.00) per month payable as follows: $1,131.00 per month for Alimony Pendente Lite and $0.00 per month on arrears. First payment due: first pay in April, 2008. The effective date of the order is February 19, 2008. Credit set at -$122.35 as of March 13, 2008. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa.C.S.§ 3703. Further, if the Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and, at its discretion, make an appropriate Order, including, but not limited to, commitment of the Respondent to prison for a period not to exceed six months. Said money to be turned over by the PA SCDU to: Diana L. Marshall-Boyle. Payments must be made by check or money order. All checks and money orders must be made payable to PA SCDU and mailed to: PA SCDU P.O. Box 69110 Harrisburg, PA 17106-9110 Payments must include the Respondent's PACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. cc360 The monthly obligation includes cash medical obligation in the amount of $250 annually for unreimbursed medical expenses incurred for the spouse. Unreimbursed medical expenses of the oblige that exceed $250 annually shall be allocated between the parties. The party seeking allocation of unreimbursed medical expenses must provide documentation of expenses to the other party no later than March 31St of the year following the calendar year in which the final medical bill to be allocated was received. The unreimbursed medical expenses are to be paid as follows: 0% by the Respondent and 100% by the Petitioner. [X] Respondent [] Petitioner [] Neither party to provide medical insurance coverage. Within thirty (30) days after the entry of this order, the [] Petitioner [X] Respondent shall submit to the other party written proof that medical insurance coverage has been obtained or that application for coverage has been made. Proof of coverage shall consist, at a minimum, of. 1) the name of the health care coverage provider(s); 2) any applicable identification numbers; 3) any cards evidencing coverage; 4) the address to which claims should be made; 5) a description of any restrictions on usage, such as prior approval for hospital admissions, and the manner of obtaining approval; 6) a copy o the benefits booklet or coverage contract; 7) a description of all deductibles and co-payments; and 8) five copies of any claim forms. The Respondent is given credit in the amount of $1,662.37 from the spousal support account under PACSES Case #835105827 in Lancaster County, pursuant to an agreement of the parties. This Order considers that the Respondent has a child support obligation for the parties' two children in Lancaster County under PACSES Case #835105827. This Order shall become final twenty (20) after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Prothonotary for a hearing de novo before the Court. Consented: Petitioner Respondent MAR 17 2008 Mailed copies on: to: Petitioner Respondent Michelle Pokrilka, Esq. Jay R. Braderman, Esq. DRO: R.J. Shadday Petitioner's Attorney Respondent's Attorney BY THE COURT, 0 c'. rn fD ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 03/13/08 Case Number (See Addendum for case summary) EmployerM/ithholder's Federal EIN Number CIESCO INC 1441 STONERIDGE DR MIDDLETOWN PA 17057-5977 155-68-2865 Employee/Obligor's Social Security Number 2224101223 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, Ml) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 1, 131.00 per month in current support $ o . oo per month in past-due support Arrears 12 weeks or greater? Oyes ® no $ o . 00 per month in current and past-due medical support $ 0.00 per month for genetic test costs $ 0, oo per month in other (specify) for a total of $ 1,131.00 per month to be orwar to payee below-. You do not have to vary your pay cycle to be in compliance with the support order. If you the ordered support payment cycle, use the following to determine how much to withhold: $ 261.00. per weekly pay period. $ 522.00 per biweekly pay period (every two weeks). $ 565.50 per semimonthly pay period (twice a month). ter` $ 1.131.00 per monthly pay period. -+o REMITTANCE INFORMATION: r- ? C) 3 _n @;es not match J _<Z: cn to W 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 required by Pennsylvania law (23 PA C.S. § 4374(b)) to remit by electronic payment method, please call Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. Date of Order: DRO: R.J. SHADDAY Service Type M BY THE COURT: 2 0,O J. OLER, J JUDGE Form EN-028 Rev OMB No.: 0970-0154 04-2538 CIVIL O Original Order/Notice O Amended Order/Notice O Terminate Order/Notice RE:BOYLE, ROBERT D. Employee/Obligor's Name (Last, First, Mt) Worker ID $IATT + 5 *% 261 oo.* 004 ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? If#hecke?l you are required to provide a?opy of this form to your3mployee. If yoyr employee works in a state that is di Brent irom the state copy must be provi edd to your employee even if the box is not chec that issued this or er, a ked. 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 employeelobligor. 3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 2324723380 EMPLOYEE'S/OBLIGOR'S NAME: BOYLE. ROBERT D. EMPLOYEE'S CASE IDENTIFIER: 2224101223 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.C. §1673 (b)1; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. For tribal orders, you may not withhold more than the amounts allowed under the law of the issuing tribe. For tribal employers who receive a state order, you may not withhold more than the amounts allowed under the law of the state that issued the order. 10. Additional Info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Submitted By: If you or your employee/obligor have any questions, DOMESTIC RELATIONS SECTION contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST by telephone at (717) 240-6225 or P.O. BOX 320 by FAX at (717) 240-6248 or CARLISLE PA 17013 by internet www.childsupport.state.pa.us Page 2 of 2 Service Type M OMB No.: 097"154 Form EN-028 Rev. 1 Worker ID $zATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: BOYLE, ROBERT D. PACSES Case Number 075109824 Plaintiff Name DIANA L. MARSHALL-BOYLE Docket Attachment Amount 04-2538 CIVIL$ 1,131.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. ? 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. PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 ? 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) ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available identified above in any health insurance coverage available through the employee's/obligor's employment. through the employee's/obligor's employment. Addendum Form EN-028 Rev. 1 Service Type M OMB No.:0970At54 Worker ID $IATT r..y ? ROBERT D. BOYLE, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff DOCKET NO. 04-2538 CIVIL TERM V. CIVIL ACTION -LAW DIANA L. MARSHALL-BOYLE, IN DIVORCE Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on June 4, 2004 2. The marriage between Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final decree in divorce after service of Notice of Intention to Request Entry of the Decree. 4. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees and 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. Section 4904, relating to unsworn falsification to authorities. Date: ?l rag '1 • r • i 1 ROBERT D. BOYLE, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff DOCKET NO. 04-2538 CIVIL TERM V. : CIVIL ACTION -LAW DIANA L. MARSHALL-BOYLE, : IN DIVORCE Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 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 understand that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. §4904 relating to unsworn falsification to authorities. Date: (- 'I ZVI {` _ ROBERT D. BOYLE, V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff DIANA L. MARSHALL-BOYLE, Defendant : DOCKET NO. 04-2538 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on June 4, 2004 2. The marriage between Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final decree in divorce after service of Notice of Intention to Request Entry of the Decree. 4. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees and 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. Section 4904, relating to unsworn falsification to authoritje, r Date: '"1 1 (.03 NA L. M RSHA -BO LE IN/ ? .rte ...+ t.. ? [ i•t cr? ROBERT D. BOYLE, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. DOCKET NO. 04-2538 CIVIL TERM CIVIL ACTION -LAW DIANA L. MARSHALL-BOYLE, : IN DIVORCE Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 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 understand that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. §4904 relating to unsworn falsification to authorities. Date: A' I ( ?l lANA L. MA SHALL-BOYLE C7 a to w= ` t .?' t? ?, " ^. l rn POSTNUPTIAL AGREEMENT ,i THI AGREEMENT, made and entered into at York Pennsylvania, this day of '2008 and between DIANA L. MARSHALL-BOYLE, of 795 Kames Hill Roa , C umbia, Lancaster County, Pennsylvania 17512 (hereinafter referred to as the "Wife"), and ROBERT D. BOYLE, of 381 Creekside Lane, Lititz, Lancaster County, Pennsylvania 17110 (hereinafter referred to as the "Husband"). WITNESETH: WHEREAS, the parties hereto were duly married to each other in Snow Hill, Maryland, on August 30,1995; and WHEREAS, certain unhappy and irreconcilable differences have arisen between the parties, in consequence of which, they have in past separated and may in the future decide to continue to live separate and apart for the remainder of their lives; and WHEREAS, the Plaintiff instituted a no-fault divorce action in the Court of Common Pleas of Cumberland County, Pennsylvania by filing a complaint on June 4, 2004; and WHEREAS, it is the intention and desire of the parties to enter into an agreement resolving all of their respective financial and property rights, and all other respective rights, remedies, privileges and obligations arising out of the marital relationship or otherwise in the event of an eventual final separation and divorce of the parties; and WHEREAS, the provisions of this Agreement and their legal effect have been fully explained to the Defendant, Diana L. Marshall-Boyle, by her respective counsel, Michelle Pokrifka, and to the Plaintiff, Husband, Robert D. Boyle, by his respective counsel, Jay R. Braderman, Esquire. The parties acknowledge that they have had the opportunity to receive independent legal advice from counsel of their selection and that they fully understand the facts 1382082.1 and have been fully informed as to their legal rights and obligations and they acknowledge and accept that this Agreement is, in the circumstances, fair and equitable and that it is being entered into freely and voluntarily, and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements and the parties hereto state that he or she, in the procurement and execution of this Agreement, has not been subjected to any fraud, concealment, overreaching, imposition, coercion, or other unfair dealing on the part of the other, or on the part of the other's counsel; and WHEREAS, both parties have had the opportunity and have made independent inquiry and investigation with respect to their respective legal rights, remedies, privileges and obligations arising out of marriage or otherwise and each has been fully informed of each other's assets, properties, property holdings, income and prospects; and WHEREAS, each party hereto warrants and represents to the other that he or she fully understands all of the terms, covenants, conditions, provisions and obligations incumbent upon each of them by virtue of this Agreement, to be performed by each of them hereunder, and each believes the Agreement to be fair, just, reasonable and in the respective individual best interest of each and not the result of any fraud, duress, or undue influence exercised by either party upon the other party or by any other person or persons upon either. NOW, THEREFORE, in consideration of the promises contained herein, intending to be legally bound, the parties hereto agree as follows: I. INCORPORATION OF PREAMBLE The recitals set forth in the preamble to this Agreement are incorporated herein and made a part hereof as if fully set forth in the body of the Agreement. 2 H. NO MOLESTATION Neither party shall in any way molest, disturb, or trouble the other or interfere with the peace and comfort of the other or compel or seek to compel the other to associate, cohabit, or dwell with him or her by any action or proceeding for restoration of conjugal rights or by any means whatsoever after final separation of the parties. III. SEPARATE RESIDENCE It is, and shall be, lawful for the parties hereto at all times to choose to live separate and apart from each other and to reside from time to time at such place or places as each may see fit, and to contract, carry on and engage in any employment, business or trade, which either may deem fit, free from control, restraint, or interference, direct or indirect, by the other in all respects. IV. DISTRIBUTION OF MARITAL AND EQUITABLE DISTRIBUTION A. Individual Property. Subject to and except as provided in this Agreement, each party shall own, free of any claim or right of the other, all of the items of property, real, personal, and mixed, of any kind, nature, or description and wheresoever situate, which are now owned by him or her, or which are in the possession of him or her, or which are now in his or her name, or to which he or she is, or may be, beneficially entitled or which may hereafter belong to or come to him or her with full power to him or to her to dispose of the same as fully and effectually in all respects and for all purposes as if he or she were unmarried. The parties stipulate and agree that all items or personal property have been distributed between them except as outlined herein. Each stipulate and agree to indemnify or hold the other harmless for any debt associated with the property retained and/or awarded to them individually. The parties stipulate and agree that all items of personal property have been distributed between them and each has disclosed to the other those items that they will retain in the event of a final separation of the parties. 3 Husband hereby expressly waives any right or interest he might have or might acquire in or to any assets of the Wife not specifically mentioned in this Agreement, including but not limited to automobiles, bank accounts, brokerage accounts, jewelry, furs, musical instruments, individual retirement accounts, stocks, bonds, options, pension plans, life insurance and causes of action. Wife hereby expressly waives any right or interest she might have or might acquire in or to any assets of the Husband not specifically mentioned in this Agreement, including but not limited to automobiles, bank accounts, brokerage accounts, jewelry, furs, musical instruments, individual retirement accounts, stocks, bonds, options, pension plans, life insurance and causes of action. B. Bank or Brokerage Accounts, Stocks and Bonds and Individual Retirement Accounts. The parties stipulate and agree that each party shall retain as his or her sole property any bank or brokerage accounts, investment plans, mutual fund accounts, stocks or bonds, certificates of deposit or individual retirement accounts titled in his or her sole name. Each party shall be solely responsible for any fees, taxes, penalties or other charges incurred as a result of any receipt or distribution from any bank, brokerage, investment or other accounts and monies received by them. C. Pensions. The parties stipulate and agree that each shall waive all right, title and interest in any pension plan, 401(k), mutual fund, investment plan and any other employee benefits obtained by the other through employment. Both parties hereto waive and release all interest either might have by virtue of the marriage as spouse of participant, or beneficiary in any and all plans. Concurrently with the execution of this Agreement, or within a reasonable time thereafter, each party shall execute and deliver to the other any documents requested by the other party releasing rights in said plans. Each party shall be solely responsible for any fees, taxes, penalties or other 4 charges incurred as a result of any receipt or distribution from any bank, brokerage, investment or other employment benefit accounts and monies received by them. Husband shall retain his interest in the Novinger Deferred Compensation Plan which is administered through Charon Planning. Husband shall also retain his interest in the Novinger Profit Sharing or 401(k) Plan which is administered through Invesmart. The parties stipulate and agree that Wife shall retain from the Novinger Profit Sharing or 401(k) Plan through Invesmart, the amount of $107,600.00. Such funds shall be rolled over into a qualified plan from the Invesmart profit sharing/401(k) plan, which is presently in Husband's name. The roll over of such portion of the Plan into Wife's name alone, shall not be a taxable event to either parry. The transfer of these funds into a qualified account into Wife's name has taken into consideration that the funds rolled over into Wife's name include funds for taxes and penalties on a withdrawal amount of $20,000.00. Any further withdrawal from that roll over account shall be Wife's responsibility to pay for any fees, taxes, penalties or other charges incurred. The remaining balance in the Invesmart account shall remain Husband's separate property. The parties stipulate and agree that Wife is entitled to the amount of $20,000.00 for bonuses not paid to her from 2004 through 2007. The parties' settlement has taken into consideration that the payment of these bonuses shall come from the profit sharing or 401(k) plan and that penalty and interest associated with the withdrawal of such bonus has further been taken into consideration in the overall distribution as described herein. D. Vehicles. Parties stipulate and agree that the vehicles of the parties have been distributed between them and each party waives all rights to the vehicle retained by the other spouse. Husband did retain the 2000 Suburban C250OLS van. Wife has already executed and provided to Husband the title of such vehicle. The parties further agree to cooperate to execute all 5 necessary documentation to have such vehicles, if necessary, transferred into the other spouse's name pursuant to this agreement. The parties further stipulate and agree that they previously discussed and have agreed to divide between themselves any and all other items of marital and personal property, not specifically mentioned above upon the final separation of the parties. Each party shall pay any taxes, expenses, loan payments, and insurance associated with all of the personal property awarded to him or her pursuant to this Agreement, unless otherwise provided in this Agreement. Each party shall indemnify and hold harmless the other from all debt related to the property awarded to them. The parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any he or she may have, with respect to the above items, which shall become the sole and separate property of the other. E. Health, Accident, Hospitalization and Major Medical Insurance. The parties stipulate and agree that Wife shall be provided the necessary information and Husband shall cooperate to enable Wife to obtain COBRA benefits through Husband's employer, Ciesco, Inc. Such benefits shall be in place as of the entry of the Divorce Decree. Wife shall retain the COBRA benefits for as long as they are available through Husband's employer. Husband hereby agrees to cooperate should Wife choose to obtain the COBRA benefits. F. Real Estate. The parties stipulate and agree that Wife shall retain the premarital real estate located at 1003-13 Nanroc Drive, Mechanicsburg, Pennsylvania. Husband hereby agrees to sign any and all documents necessary to evidence this real estate as Wife's premarital and sole property. 6 Husband agrees to transfer any and all right, title and interest in and to the above mentioned real estate and to execute all deeds, documents or other papers necessary to transfer such property into Wife's name alone concurrent with the execution of this Agreement, or within a reasonable time after presentation of such documents. Husband further acknowledges that at the time of the signing of this Agreement he is waiving all interest, ownership or otherwise in such residence, as well as any increase in value of such property and that he has no further claim, right, interest, or title whatsoever in said property. V. RESPONSIBILITY FOR DEBTS The parties stipulate and agree that they will be responsible for whatever debts they had in their own name and possession at the time of separation. Each party covenants and represents that he or she has not heretofore incurred or contracted, nor will he or she hereafter incur or contract any debt, charge or liability whatsoever for which the other spouse or his or her legal representatives or his or her property or estate may become liable. Husband and Wife each agree to pay in full his or her own individual debts and to keep the other party free, harmless and indemnified of and from any of his or her individual debts. Parties have stipulated and agreed that each has retained individual debt, for which they are solely liable. Each party agrees to pay in full his or her own individual debt and to keep the other party free, harmless and indemnified from any of his or her individual debts. Should there be any other debt outstanding, held in joint names, or in which either party has placed the other's name as a debtor, authorized user, or liable party without the knowledge or authorization of the party, that party shall be responsible for the payment of such debt and they shall take all action necessary to transfer such debt into their own name or to have the other party's name removed from such debt within thirty (30) days of the signing of this Agreement. The parties further stipulate and agree to completely 7 indemnify and hold harmless each other for all such individual debt or joint debt incurred without the other party's knowledge or authorization. VI. SPOUSAL SUPPORT, ALIMONY PENDENTE LITE, ALIMONY As of the date of the entry of the Divorce Decree, the parties stipulate and agree that Wife's Alimony Pendente Lite shall be terminated. VII. TAX RETURN The parties stipulate and agree to file separate income tax returns for the year 2008 and every year thereafter that they remain separated. Each agrees to make available to the other any and all documents necessary to allow him or her to timely file such tax returns should such documents be in the possession of the other party. It is stipulated and agreed that each party is solely responsible for any and all taxes incurred for the award, receipt or distribution of marital assets or individual assets which they had retained in their possession or which have come into their possession. Unless otherwise agreed upon by the parties. VIII. LIFE INSURANCE The parties stipulate and agree that each shall be responsible for providing their own life insurance for themselves and shall hold the other spouse harmless for the provision of such insurance. As of the date of signing of this Agreement, each may change any beneficiary designation on their own insurance. VIX. SUBSEQUENT DIVORCE There is pending between the parties an action for divorce instituted in the Court of Common Pleas of Cumberland County, Pennsylvania, docketed at 2004-2538. The parties acknowledge that they may separate in the future and fifteen days after such final separation date the parties shall stipulate and agree that their marriage is irretrievably broken and agree to the 8 dissolution of the marriage in accordance with Section 3301(c) of the Divorce Code. The parties, therefore, agree as follows: A. Not later than seven (7) days following the 9e day, or the signing of this Agreement, or fifteen days after the date of final separation of the parties, whichever is later, both Husband and Wife shall sign, for filing with said Court, an Affidavit of Consent agreeing to the entry of a final decree in divorce as well as a Waiver of Notice of Intention to Request Entry of a Divorce Decree under Section 3301(c) of the Divorce Code. B. Unless either party shall have requested counseling prior to the filing of said affidavit of consent, the right to request such counseling shall be deemed waived. C. The provisions of this Agreement shall be incorporated and made a part of the decree of divorce granted in the above-mentioned action, and the Court of Common Pleas of York County, Pennsylvania, shall have jurisdiction over the parties to enforce this Agreement; but, notwithstanding such incorporation, this Agreement shall not be merged in such decree, but shall in all respects survive the same and be forever binding and conclusive upon the parties and enforceable by the parties in accordance with its terms. X. MUTUAL RELEASE AND DISCHARGE OF GENERAL CLAIMS Subject to the provisions of this Agreement, upon the final separation of the parties each party shall remise, release, and forever discharge, and by these presents does for himself or herself, and his or her heirs, legal representatives, executors, administrators, and assigns, remise, release, and forever discharge the other of and from all causes of action, claims, rights, or demands, whatsoever, in law or in equity, which either of the parties hereto ever had, or may have against the other, except any and all cause or causes of action for divorce. 9 XI. MUTUAL RELEASE AND DISCHARGE OF CLAIMS IN ESTATES Upon the final separation of the parties each party shall release, waive and relinquish any and all rights which he or she may have, or may hereafter have as the other party's spouse under the present or future laws of any jurisdiction (a) to share in the estate of the other party upon the latter's death; and (b) to act as executor, executrix, administrator or administratrix of the other parry's estate. Upon final separation of the parties this provision is intended to, and shall, constitute a mutual waiver by the parties to take against each other's wills, now or hereafter in force, under the present or future laws of any jurisdiction whatsoever. The consideration for each party's waiver and release is the other parry's reciprocal waiver and release. The parties intend, by the aforedescribed waiver and release, to relinquish any and all rights in and to each other's estate, including the rights of set-off, any and all distributive shares, and all rights of election presently provided for in any statute of this or any other jurisdiction upon the final separation of the parties. XII. COUNSEL FEES AND COURT COSTS The parties stipulate and agree that they each be responsible for their own attorney's fees, costs and expenses and no contribution shall be required by the other. XIII. CHANGE OF ADDRESS Upon the final separation of the parties and until all obligations under this Agreement have been completely performed, each party shall notify the other in writing of any change of residential address and/or telephone number within ten (10) days of the date of such change. XIV. BANKRUPTCY The parties stipulate and agree that there are no proceedings pursuant to the bankruptcy laws pending with respect to them, joint or individually, initiated by themselves or others. The parties further stipulate and agree that all obligations herein shall not be avoided or otherwise 10 unenforceable as a result of the filing of bankruptcy petition or the entry of a discharge order. The parties stipulate and agree that all obligations hereunder are not dischargeable in bankruptcy, and such obligations shall be affirmed and/or ratified in any bankruptcy filing or excluded from such filing to allow for continued obligation and enforcement. XV. ADDITIONAL INSTRUMENTS Husband and Wife shall, at any and all times, upon request by the other party or his or her legal representatives, make, execute, and deliver to the other party any and all such other and further instruments as may be necessary or desirable for the purpose of giving full force and effect to the provisions of this Agreement without charge therefor. XVI. SEPARABILITY In case any provision of this Agreement is held to be contrary to, or invalid under, the law of any country, state, or other jurisdiction that is applicable to this Agreement, such illegality or invalidity shall not affect in any way any other provisions hereto, all of which shall continue, nevertheless, in full force and effect under the law of the country, state, or other jurisdiction that is applicable to this Agreement. XVII. CONSTRUCTION This Agreement shall not be construed against either party as the party preparing it, in that both parties have participated fully in the preparation of this Agreement. XVIIL HEADINGS The headings used in this Agreement are for convenience only and are not to be used in interpreting the Agreement. II XIX. GOVERNING LAW AND JURISDICTION All matters affecting the interpretations of this Agreement and the rights of the parties hereto shall be governed by the laws of the Commonwealth of Pennsylvania. The Courts of the Commonwealth of Pennsylvania shall have jurisdiction over the parties hereto as to any disputes arising under this Agreement. The parties stipulate and agree that York County, Pennsylvania, does presently have and shall retain jurisdiction over the parties and this matter and both parties agree to submit to the laws of the Court of Common Pleas of York County, Pennsylvania. XX. MODIFICATION AND WAIVER Neither this Agreement nor any provision thereof shall be amended or modified or deemed amended or modified except by an Agreement in writing duly subscribed and acknowledged with the same formality as this Agreement. Any waiver by either party of any provision of this Agreement or any right or option hereunder shall not be controlling, nor shall it prevent or estop such party from thereafter enforcing such provision, right, or option, and the failure of either party to insist in any one or more instances upon the strict performance of any of the terms or provisions of this Agreement by the other party shall not be construed as a waiver or relinquishment for the future of any term or provision, but the same shall continue in full force and effect. XXI. INDEMNIFICATION UPON BREACH If for any reason either Husband or Wife fails to perform his or her obligations hereunder to the other spouse, and the other spouse incurs any expense thereby (including but not limited to legal fees) in enforcing his or her rights, the spouse who failed to perform the obligations shall indemnify the other spouse and hold him or her harmless for any and all such expenses. 12 XXII. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS Each party understands that he or she has the right to obtain from the other parry a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of final separation, and that each party has the right to have all such property valued by means of appraisals or otherwise. Both parties understand they have the right to have a court hold hearings and make decisions on the matters covered by this Agreement. Both parties understand that a court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Each party hereby acknowledges that this Agreement is fair and equitable, that it adequately provides for his or her needs and is in his or her best interests, and that the Agreement is not the result of any fraud, duress, or undue influence exercised by either party upon the other or by any other person or persons upon either party. Upon final separation both parties hereby waive the following procedural rights: A. The right to obtain an inventory and appraisement of all marital and separate property as defined by the Pennsylvania Divorce Code. B. The right to obtain an income and expense statement of the other party as provided by the Pennsylvania Divorce Code. C. The right to have the court determine which property is marital and which is non-marital, and equitably distribute between the parties that property which the court determines to be marital. D. The right to have the court decide any other rights, remedies, privileges, or obligations covered by this Agreement, including but not limited to possible claims for divorce, 13 child or spousal support, alimony, alimony pendente lite (temporary alimony), custody, visitation, and counsel fees, costs and expenses. XXIII. ENTIRE UNDERSTANDING This Agreement contains the entire understanding of the parties, who hereby acknowledge that there have been and are no representations, warranties, covenants, or understandings other than those expressly set forth herein. BY SIGNING THIS AGREEMENT, EACH PARTY ACKNOWLEDGES HAVING READ AND UNDERSTOOD THE ENTIRE AGREEMENT, AND EACH PARTY ACKNOWLEDGES THAT PROVISIONS OF THIS AGREE- MENT SHALL BE AS BINDING UPON THE PARTIES AS IF THEY WERE ORDERED BY THE COURT AFTER A FULL HEARING. IN WITNESS WHEREOF, the parties hereto have hereunto set their respective hands the day and year first above written and they hereby acknowledge and agree that the provisions of this Agreement shall be binding upon their respective heirs, executors, and administrators. 10223393/ 1 14 ? C? c? -? ?? ? ?"7' ? i ? C"t'1 .r,, . _ : ?= ? }. -_, T . '` ?"j ? ?.? ` . N '? ? ? tJJ ROBERT D. BOYLE : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 04-2538 Civil Term V. CIVIL ACTION -LAW DIANA L. MARSHALL-BOYLE : IN DIVORCE Defendant ACCEPTANCE OF SERVICE I accept service of the Complaint in Divorce on behalf of Defendant, Diana L. Marshall-Boyle and certify that I am authorized to do so. Date: C? 1"i U Cindy S. Conlo, Esquire Howett, Kissinger & Conley, P.C. 130 Walnut Street Post Office Box 810 Harrisburg, PA 17108 (717) 234-5402 ,? cam -n rrt --a rm CD O Jay R. Braderman, Esquire Attorney I.D. No.: 07047 Lavery, Faherty, Young & Patterson, P.C. 225 Market Street, Suite 304 P.O. Box 1245 Harrisburg, PA 17108-1245 Tel: (717) 233-6633 Fax: (717) 233-7003 E-mail: jbraderman@laverylaw.com Attorney for Plaintiff ROBERT D. BOYLE, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff DOCKET NO. 04-2538 CIVIL TERM V. CIVIL ACTION - LAW DIANA L. MARSHALL-BOYLE, IN DIVORCE Defendant PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a Divorce Decree: 1. Grounds for divorce: Irretrievable breakdown under Section 3301(c) or Section 3301 (d) of the Divorce Code. 2. Date and manner of service of the original Complaint: Service of the original Complaint in Divorce was made upon Cindy S. Conley, Esquire, then-counsel for Defendant. The original Acceptance of Service, dated June 9, 2004, is attached hereto. 3. Date of execution of the Affidavit required by Section 3301(c) of the Divorce Code: April 11, 2008, by Plaintiff. By Defendant: April 11, 2008. Plaintiffs Affidavit was filed with the Prothonotary on April 11, 2008. Defendant's Affidavit was filed with the Prothonotary on April 11, 2008. 4. There are no related claims pending. 5. Indicate date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, and attach a copy of said Notice under Sections 3301(c) or 3301(d)(1)(i) of the Divorce Code: Plaintiffs Waiver was executed on April 11, 2008. Defendant's Waiver was executed on April 11, 2008. Plaintiffs Waiver was filed with the Prothonotary on April 11, 2008. Defendant's Waiver was filed with the Prothonotary on April 11, 2008. Date: Respectfully submitted, Jay rdg?oag, Esquire D. o.: 07047 La ry, Fa rty, Young & Patterson, P.C. 2215 Market Street, Suite 304 P.O. Box 1245 Harrisburg, PA 17108-1245 Tel: (717) 233-6633 Fax: (717) 233-7003 E-mail: jbraderman@laverylaw.com Attorney for Plaintiff ROBERT D. BOYLE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 04 - 2538 CIVIL DIANE L. MARSHALL-BOYLE, Defendant IN DIVORCE ORDER OF COURT r1 n AND NOW, this a day of , 2008, the economic claims raised in the proceed'ngs aving been resolved in accordance with a postnuptial agreement dated May 30, 2008, 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 ztxx Gv? cc: Jay R. Braderman Attorney for Plaintiff Zmichelle Pokrifka Attorney for Defendant OTES r %?L 7/;ZA/d fJ 0 -n caa t`s? t? te - Cf:.` r . € nrt ?.. J r n IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. ROBERT D. BOYLE PLAINTIFF VERSUS DIANA L. MARSHALL-BOYLE DEFENDANT NO. 04-2538 CIVIL TERM DECREE IN DIVORCE AND NOW, 0 02 , IT IS ORDERED AND DECREED THAT ROBERT D. BOYLE PLAINTIFF, AND DIANA L. MARSHALL-BOYLE ARE DIVORCED FROM THE BONDS OF MATRIMONY. ,DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECO?? THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; .I, p-- POSTNUPTIAL AGREEMENT DATED MAY 30, 2008 IS INCORPORATED WITH BUT NOT MERGED INTO THIS DIVOR BY TH ATTEST: J PROTHONOTARY y a p ? ? ?"'?"' ?-"?? ?o n£ L ? ,, ? '?. TIT ? ? 200%11 Robert D. Boyle, PLAINTIFF VS. Diana L. Marshall-Boyle, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY : PENNSYLVANIA : CIVIL ACTION - DIVORCE : NO. 04-2538 CIVIL TERM QUALIFIED DOMESTIC RELATIONS ORDER 1. Recitals 1. The parties to this action have entered into a Property Settlement Agreement dated May 30. 2008. The Court incorporated the Property Settlement Agreement into its Decree of Dissolution of Marriage dated 1`u 14A 0 , 2. This Order creates and recognizes the existence of an Alternate Payee's right to receive a portion of the Participant's benefits payable under an employer sponsored defined contribution plan which is intended to be qualified under Internal Revenue Code of 1986 ("Code") §401(a). The Court intends this order to be a Qualified Domestic Relations Order ("QDRO") within the meaning of Code §414(p). II. Statements of Fact Pursuant to Code §414(p) 3. This QDRO applies to the Novinger Group, Inc. 401(k) Profit Sharing Plan ("Plan"). Further, this Order shall apply to any successor plan to the Plan or any other plan(s) to which liability for provision of the Participant's benefits described below is incurred. Any benefits accrued by the Participant under a predecessor plan of the employer or any other defined contribution plan sponsored by the Participant's employer, whereby liability for benefits accrued under such predecessor plan or other defined contribution plan has been transferred to the Plan, shall also be subject to the terms of this Order. Any changes in Plan Administrator, Plan sponsor, or name of the Plan shall not affect Alternate Payee's rights as stipulated under this Order. 4. Robert D. Boyle ("Participant") is a participant in the Plan. Diana L. Marshall-Boyle ("Alternate Payee") is the alternate payee for purposes of this QDRO. 5. The Participant's name, mailing address, social security number, and date of birth are: Name: Robert D. Boyle Home Address: 381 Creekside Lane Lititz. PA 17543 SS#: 155-68-2865 DOB: 1/24/1965 6. The Alternate Payee's name, mailing address, social security number, and date of birth are: w Name: Diana L. Marshall-Boyle Home Address: 795 Karnes Hill Road Columbia. PA 17512 SS#: 159-62-8218 DOB: 6/03/1966 The Alternate Payee shall have the duty to notify the Plan Administrator in writing of any changes in this mailing address subsequent to the entry of this Order. 7. The portion of the Participant's plan benefits payable to the Alternate Payee under this QDRO is: only a lump sum payment by rollover of $107,600.00. The Alternate Payee's portion of the benefits described above shall be segregated and separately maintained in account(s) established on his/her behalf and shall be maintained until distributed to the Alternate Payee's designated Qualified Retirement Account or IRA. Distribution on behalf of the Alternate Payee should be done within 60 days of the date of this Order. III. Recitals Pursuant to Code §414(p)(3) 8. This QDRO does not require the Plan to provide any type or form of benefit the Plan does not otherwise provide. 9. This QDRO does not require the Plan to provide increased benefits. 10. This QDRO does not require the Plan to pay any benefits which another order previously determined to be a qualified domestic relations order requires the Plan to pay to another alternate payee. IV. Time and Manner of Payment 11. If the Alternate Payee so elects and the Plan permits an immediate distribution, the Plan shall distribute the amount designated in paragraph 7 of this QDRO as soon as administratively feasible following the Plan Administrator's approval of this Order. 12. If permitted by applicable law and approved by the Plan Administrator, the Alternate Payee shall be entitled to receive a lump sum distribution of the amount specified in Paragraph 7 in any form or permissible option otherwise available to the Participant and Alternative Payee under the terms of the Plan, including, but not limited to, a lump sum cash payment. 13. On and after the date that this Order is deemed to be a QDRO, but before the Alternate Payee receives his/her distribution under the Plan, the Alternate Payee shall be entitled to all of the rights and election privileges that are afforded to active participants, including, but not limited to, the rules regarding withdrawals and distributions. 14. All payments made pursuant to this Order shall be conditioned on the certification by the Alternate Payee and the Participant to the Plan Administrator of such information as the Plan Administrator may reasonably require from such parties. 2 ! 4L 15. It is the intention of the parties that this QDRO continue to qualify as a QDRO under Code §414(p), as it may be amended from time to time, and that the Plan Administrator shall reserve the right to reconfirm the qualified status of the Order at the time benefits become payable hereunder. 16. In the event that the Plan inadvertently pays to the Participant any benefits that are assigned to the Alternate Payee pursuant to the terms of this Order, the Participant shall immediately reimburse the Alternate Payee to the extent that he/she has received such benefit payments and shall forthwith pay such amount so received directly to the Alternate Payee within ten (10) days of receipt. In the event that the Plan inadvertently pays to the Alternate Payee any benefits that are assigned to the Participant pursuant to the terms of this Order, the Alternate Payee shall immediately reimburse the Participant to the extent that he/she has received such benefit payments and shall forthwith pay such amount so received directly to the Participant within ten (10) days of receipt. 17. In the event that the Participant's benefits, or any portion thereof, become payable to the Participant as a result of termination or partial termination, then the Alternate Payee shall be entitled to commence his/her benefits immediately in accordance with the terms of this QDRO and in accordance with the termination procedures of the Plan. 18. After payment of the amount required by this QDRO, the Alternate Payee shall have no further claim against the Participant's interest in the Plan. 19. The Alternate Payee assumes sole responsibility for the tax consequences of the distribution under this QDRO. 20. Until the Plan completes payment of all benefits pursuant to this QDRO, the Plan shall treat the Alternate Payee as a surviving spouse for purposes of Code §§401(a)(11) and 417, but the Alternate Payee shall receive, as surviving spouse, only the amount described in Paragraph 7 of this QDRO. The sole purpose of this Paragraph 20 is to ensure payment to the Alternate Payee in the event of Participant's death prior to payment by the Plan of the amount described in Paragraph 7 of this QDRO. The Plan shall pay the remaining benefits under this QDRO to any beneficiary or beneficiaries to receive the balance of the benefit. Moreover, the death of the Alternate Payee prior to the determination of this Order, constitutes a Qualified Domestic Relations Order and shall not alter the obligation hereunder to distribute the benefits granted to the Alternate Payee to the named beneficiary. For purposes of this Order, the term "Beneficiary" shall mean only an individual that qualifies©an Alternate Payee under the Code who is named by the Alternate Payee in a written notice to the Plan Administrator or, if permitted by the provisions of the Plan, in the absence of any such notice, the estate of the Alternate Payee. All distributions to the Alternate Payee and/or her beneficiary shall be made pursuant to the provisions of 401 (a) (9) of the Code. V. Procedure for Processing this QDRO 21. The Plan shall treat this QDRO in accordance with Code §414(p)(7). While the Plan is determining whether this Order is a qualified domestic relations order, the Plan Administrator shall separately account for the amounts which would have been a payable to the Alternate Payee while the Plan is determining the qualified status of this QDRO. 22. The Plan Administrator promptly shall notify the Participant and the Alternate Payee of the receipt of this QDRO and shall notify the Participant and the Alternate Payee of the Plan's procedures for determining the qualified status of this QDRO. The Plan Administrator shall determine the qualified status of the QDRO and shall notify the Participant and the Alternate Payee of the determination within a reasonable period of time after receipt of this QDRO. 23. The Court shall retain jurisdiction with respect to this Order to the extent required to maintain its qualified status and the original intent of the parties as stipulated herein. 1% 111.01 4 w.w 7?? J f} {3- C'"`3 C C-A U 100 ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT 04-2538 CIVIL OOriginal Order/Notice State Commonwealth of Pennsylvania Co./City/Dirt. of CUMBERLAND OAmended Order/Notice Date of Order/Notice 09/01/09 XOTerminate Order/Notice Case Number (See Addendum for case summary) (Done-Time Lump Sum/Notice RE:BOYLE, ROBERT D. Employer/Withholder's Federal EIN Number Employee/Obligor's Name (Last, First, MI) 155-68-2865 Employee/Obligor's Social Security Number CIESCO INC 2224101223 1441 STONERIDGE DR Employee/Obligor's Case Identifier MIDDLETOWN PA 17057-5977 (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ o . oo per month in current child support $ 0.00 per month in past-due child support Arrears 12 weeks or greater? Dyes ® no $ 0.00 per month in current medical support $ 0.00 per month in past-due medical support $ o . oo per month in current spousal support $ o . oo per month in past-due spousal support $ o . o o per month for genetic test costs $ o. oo per month in other (specify) $ one-time lump sum payment for a total of $ o. o o 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 semimonthly pay period (twice a month) $ 0 . oo per biweekly pay period (every two weeks) $ o . 00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). Pennsylvania law (23 PA C.S. § 4374(b)) requires remittance by an electronic payment method if an employer is ordered to withhold income from more than one employee and employs 15 or more persons, or if an employer has a history of two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFEN ANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Idef'tier) OR S IAL SEC ITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. . / / / r BY THE COURT: S a J. -Wesley Oler, Jr., JuWe DRO: R.J. Shadday L - Form EN-028 Rev.5 Service Type M OMB No.: 0970-0154 Worker I D $ IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS E] If hecked you are required to provide a opy of this form to your m loyee. If yo?1 r employee works in a state that is di erent from the state that issued this or?er, a copy must be provideedpto your employee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 2324723380 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : O THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 0 EMPLOYEE'S/OBLIGOR'S NAME: BOYLE, ROBERT D. EMPLOYEE'S CASE IDENTIFIER: 2224101223 LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER:- NEW EMPLOYER'S NAME/ADDRESS: DATE OF SEPARATION: FINAL PAYMENT AMOUNT. 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) (15 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks : If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST by telephone at (717) 240-6225 or P.O. BOX 320 by FAX at (717) 240-6248 or CARLISLE PA 17013 by intemet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Rev.5 Service Type M OMB No.: 0970-0154 Worker ID $IATT • r ADDENDUM Summary of Cases on Attachment Defendant/Obligor: BOYLE, ROBERT D. PACSES Case Number 075109824 PACSES Case Number Plaintiff Name Plaintiff Name DIANA L. MARSHALL-BOYLE Docket Attachment Amount Docket Attachment Amount 04-2538 CIVIL$ 0.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Service Type M Addendum OMB No.: 0970-0154 PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Form EN-028 Rev.5 Worker ID $ IATT BLED-OFACE OF Tart fl -MTARY 2409 SEP -8 P8 2: 41 ROBERT D. BOYLE, Plaintiff/Respondent VS. . DIANA L. MARSHALL-BOYLE, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 04-2538 CIVIL TERM IN DIVORCE PACSES CASE: 075109824 ORDER OF COURT AND NOW to wit, this 1 st day of September, 2009, it is hereby Ordered that pursuant to the parties' Postnuptial Agreement of May 30, 2008 and the Divorce Decree of July 30, 2008, the Alimony Pendente Lite Order is terminated, effective July 30, 2008. The Alimony Pendente Lite matter is terminated with a credit balance of -$10,747.79. DRO: R.J. Shadday xc: Petitioner Respondent Michele Pokrifka, Esq. Jay R. Baderman, Esq. Form OE-001 Service Type: M Worker: 21005 BY THE COURT: gLED-01TICE OF THE f 'l? 0 'ARY 209 SEP -8 PM 2: 41 PE.NINSYlV911A