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Home My WebLink About10-2606Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 E?LED- r i-,- _ n 'r- it 2010 APR 21 Pik 12: 33 CARYL E. YOHE, Plaintiff V. THOMAS E. YOHE, Defendant IN THE COURT PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10 _?-b 6 6 c Nf? l CIVIL ACTION -LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT, if you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody and visitation of your children. When the grounds for a divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Domestic Relations Office at the County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 CARYL E. YOHE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. jQ-(opG Gam, j ?e? THOMAS E. YOHE, CIVIL ACTION -LAW Defendant IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is Caryl E. Yohe, an adult individual residing at 403 Woodland Avenue, New Cumberland, Cumberland County, Pennsylvania 17070. 2. Defendant is Thomas E. Yohe, an adult individual residing at 711 Lewisberry Road, New Cumberland, York County, Pennsylvania 17070. 3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months prior to filing this complaint. 4. The Plaintiff and Defendant were married on May 19, 1979 in York, Pennsylvania. 5. There are no minor children born of this marriage. 6. There have been no prior actions for divorce or annulment between the parties. 7. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 8. Plaintiff has been advised that counseling is available and that Plaintiff has the right to request that the court require the parties to participate in counseling. COUNT I - DIVORCE NO FAULT 9. The averments in paragraphs 1 through 8 of Plaintiffs Complaint are incorporated herein by reference thereto. 10. The marriage is irretrievably broken and no possibility of reconciliation exists. WHEREFORE, Plaintiff requests entry of a divorce decree in her favor in accordance with §3301 of the Pennsylvania Divorce Code. WHEREFORE, Plaintiff, Caryl E. Yohe, prays this Honorable Court to enter judgment: A. Awarding Plaintiff a decree in divorce; and B. Awarding other relief as the Court deems just and Dated: April 20, 2010 Barbara Sumple-Sullivan, Esquire Attorney for Plaintiff 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 CARYL E. YORE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. THOMAS E. YOHE, CIVIL ACTION -LAW Defendant IN DIVORCE AFFIDAVIT REGARDING COUNSELING 1. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 2. I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 3. Being so advised, I do not require 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.A Section 4904 relating to unsworn falsification to authorities. Dated: April 20 , 2010 &"/ g ///, L CARYL E. YO E 6/ 0 • Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 CARYL E. YORE, : IN THE COURT OF COMMON PLEAS Plaintiff V. THOMAS E. YOHE, Defendant CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW IN DIVORCE VERIFICATION I, Caryl E. Yohe, hereby certify that the facts set forth in the foregoing Pleading are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C. S.A. Section 4904 relating to unsworn falsification to authorities. Dated: April 20 , 2010 CARYL E. OH CARYL E. YORE VS. THOMAS E. YOHE Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2606 2010 Defendant MOTION FOR APPOINTMENT OF MASTER Caryl E. Yohe Plaintiff , moves the court to appoint a master with respect to the following claims: ?X Divorce ?X Distribution of Property ? Annulment ?X Support ?X Alimony ?X Counsel Fees ?X Alimony Pendente Lite X? Costs and Expenses and in support of the motion states: C"s 1. Discovery is complete as to the claims (s) for which the appointment of a master is regt},est}. ° 2. The defendant has appeared in the action (personally) ( mqp cn° 3. The staturory ground (s) for divorce are co 3301(c), 3301(d) b? -? X c":) CD 4. Delete the inapplicable paragraph (s): A 9 B(9 CE] 5c: c.a a. The action is not contested. __q b. An aereement has been reached with respect to the followin¢ claims: _< C. The action is contested with respect to the following claims: Divorce, distribution of property, support, alimony, APL, counsel fees, costs and expenses. 5. The action does not involve complex issues of la fact. 6. The hearing is expected to take One (1) ays 7. Additional information, if any, relevant to the moti . / None. l Date: a / / (] Z Attorney for Barbara Sumple-Sullivan, Esquire Print Name ORDER APPOINTING MASTER AND NOW , 20 is appointed master with respect to the following claims: Esquire, By the Court, e --t 1.7't?3 J. 4 7 F-1LEpD=0 F F'Ct'-Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 CARYL E. YOHE, Plaintiff V. THOMAS E. YORE, Defendant 10 DEC -$ Phi 3: 25 CUMBERLAND COUINT`t. PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-2606 CIVIL ACTION -LAW IN DIVORCE PETITION RAISING MARITAL CLAIMS UNDER THE DIVORCE CODE OF 1980 AND NOW, this 7'h day of December, 2010, comes Plaintiff, Caryl E. Yohe (hereinafter referred to as "PETITIONER"), by and through her attorney, Barbara Sumple-Sullivan, Esquire and files this Petition Raising Marital Claims Under the Divorce Code of 1980 and in support thereof states as follows: 1. A Complaint in Divorce was filed on April 21, 2010. 2. Petitioner is the Plaintiff in the above action. 3. Respondent is the Defendant in the above action. 4. Petitioner requests your Honorable Court to equitably divide, distribute or assign the marital property and debts between the parties in such proportions as the Court deems just pursuant to Section 3501 through Section 3508 of the Divorce Code of 1980, together with any amendments thereto. 5. Petitioner lacks sufficient assets to provide for her reasonable needs and is unable to O support herself fully through appropriate employment. 6. Respondent has sufficient assets to provide continuing support, alimony pendente lite and -spa' alimony for Petitioner. 7. Petitioner requests the Court to enter an order granting support, alimony pendente lite and alimony to your Petitioner as the Court deems reasonable pursuant to Sections 3701 and 3702 of the Divorce Code of 1980, together with any amendments thereto. 8. Petitioner is unable to sustain herself during the course of this litigation and has employed Barbara Sumple-Sullivan, Esquire as counsel, but is unable to pay the necessary and reasonable attorney's fees for said counsel, and the necessary and reasonable costs and expenses. 9. Petitioner requests the Court to enter an award of counsel's fees and expenses. WHEREFORE, Petitioner requests this Honorable Court enter an order: 1. Awarding Plaintiff a Decree in Divorce; 2. Equitably dividing the marital property in accordance with Section 3501 et. seq. of the Divorce Code; 3. For an award of alimony pendente lite and/or spousal support, until final hearing, and thereupon enter an award of alimony; 4. For an award of counsel's fees and costs. DATE: December 7, 2010 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 Attorney for Plaintiff 2 s Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 CARYL E. YOHE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 10-2606 THOMAS E. YORE, Defendant CIVIL ACTION -LAW IN DIVORCE VERIFICATION I, Caryl E. Yohe, hereby certify that the facts set forth in the foregoing PETITION RAISING MARITAL CLAIMS are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. DATED: CARYL E. Y HE 4 r Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 CARYL E. YOHE, Plaintiff V. THOMAS E. YOHE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-2606 CIVIL ACTION -LAW IN DIVORCE CERTIFICATE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I served a true and correct copy of the foregoing PETITION RAISING MARITAL CLAIMS in the above-captioned matter upon the following individual(s) by first class mail, postage prepaid, addressed as follows: Mr. Thomas E. Yohe 711 Lewisberry Road New Cumberland, PA 17070 DATED: December 7, 2010 BaAbara Sumple-Sullivan, Esquire Attorney for Plaintiff 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 3 oEcoszaio CARYL E. YOHE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. THOMAS E. YOHE NO. 2606 2010 Defendant MOTION FOR APPOINTMENT OF MASTER Caryl E. Yohe Plaintiff , moves the court to appoint a master with respect to the following claims: ? Divorce ?X Distribution of Property ? Annulment X? Support Q Alimony X? Counsel Fees 7X Alimony Pendente Lite X] Costs and Expenses and in support of the motion states: 1. Discovery is complete as to the claims (s) for which the appointment of a master is request. o 2. The defendant has appeared in the action (personally) (JqddKzWXXW ED CC p 3. The staturory ground (s) for divorce are 3301(c), 3301(d) c-, 4. Delete the inapplicable paragraph (s): A ® B ® CE] a. The action is not contested. b. An agreement has been reached with resnect to the following claims: c. The action is contested with respect to the following claims: GD GJ Divorce, distribution of property, support, alimony, APL, counsel fees, costs and expenses. 5. The action does not involve complex issues of la fact. 6. The hearing is expected to take One (1) ays 7. Additional information, if any, relevant to the None. l l] Date: -711 Attorney for Barbara Sumple-Sullivan, Esquire Print Name >- ORDER APPOINTING MASTER titO AND NOW 20/d ?Q t ?i Q.t Esquire, tL o KI: pointed master with respect to the following claims: 0 0 0 - --- p Cr- By the Court, L0 tU. c £ t [r ? C) let / -77" l / !D? l0 t-a rs? _ CD -? -CD 51 CARYL E. YORE, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 10 - 2606 CIVIL THOMAS E. YOHE, Defendant IN DIVORCE ORDER OF COURT 44 14 AND NOW, this C d day of , 2011, the economic claims raised in the proceedings having been resolved in accordance with a marital settlement agreement dated January 26, 2011, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, Kevi A. Hess, P.J. cc: 'Barbara Sumple-Sullivan Attorney for Plaintiff MW = ? Thomas E. Yohe a- rnF Om Defendant OOP?G9r w o? "cam -0 +n-n C)Cj CARYL E. YOHE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. THOMAS E. YOHE CIVIL DIVISION NO. 10-2606 CIVIL TERM CD PRAECIPE TO TRANSMIT RECORD To the Prothonotary: -- G-n Transmit the record, together with the following information, to the court for entry of a dtv44---l decree: --4 1. Ground for divorce: Irretrievable breakdown under § (3301(c)) and § ( >( (#of the Divorce Code. (Strike out inapplicable section.) 2. Date and manner of service of the complaint: Acceptance of Service signed by Defendant on April 23, 2010. 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by § 3301(c) of the Divorce code: by plaintiffJanuary 26, 2011 ; by defendant January 26, 2011 (b) (1) Date of execution of the affidavit required by § 3301(d) of the Divorce Code: (2) Date of filing and service of the plaintiffs § 3301(d) affidavit upon the respondent opposing party: 4. Related claims pending: None. All claims have been resolved by the parties' Marital Settlement Agreement dated January 26, 2011. 5. Complete either (a) or (b) (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date plaintiffs Waiver of Notice January 27, 2011 was filed with the Prothonotary: Date defendant's Waiver of Notice was /d with the Prothonotary: January 27, 2011 Afforney for Plaintiff/art Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 Supreme Court ID No. 32317 CARYL E. YOHE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. THOMAS E. YOHE NO. 2010-2606 DIVORCE DECREE a 1 ? 1"OSP'AA- AND NOW, ?« it is ordered and decreed that CARYL E. YOHE plaintiff, and THOMAS E. YOHE , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") None. All claims have been resolved pursuant to the parties' Marital Settlement Agreement dated January 26, 2011. Said Agreement shall be incorporated but not merged into this Divorce Decree. 4-6- Ll Prot notary o1?r/fir_ Oert. 04Dpy mailed at y Zump/c-&!livan Nobbe * Cry hmaikd lo def f 3 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 CARYL E. YOHE, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. THOMAS E. YOHE, Defendant : NO. 10-2606 CIVIL ACTION - LAW IN DIVORCE ORDER AND NOW, this eday of , 2012 upon consideration of Plaintiff s Petition for Enforcement, it is hereby O EKED and DECREED as follows: 1. Defendant is required to execute all forms required to complete the pension distribution process to allow for Petitioner to receive the lump sum payment and monthly pension payments pursuant to the Marital Settlement Agreement, including but not limited to the opening of the joint account immediately; -2. DR -4--a- i is 1'e1iiire to P" to pit if044 =^ 9@40 1 00 6W fQ' attn rn cu TPP- as . f$ nt 0-44he smie "t Ate., om°i4 wishiff +o (W) a. _ ok h@ d"`o .+f o" llrdor T111$ > but is not iiiii4ed to, r.a BY THE COURT: a - y-., . ? { ,- +?" ? yam w ? J ?a?hrc,- 5ur"'P/e Su ll, va ??= '? TI1Q?s ? . /,?l?t Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 CARYL E. YOHE, Plaintiff V. THOMAS E. YOHE, Defendant la t JIN L URT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-2606 CIVIL ACTION - LAW IN DIVORCE MOTION FOR CONTEMPT AND SANCTIONS 1. Petitioner is Caryl E. Yohe, an adult individual residing at 403 Woodland Avenue, New Cumberland, Cumberland County, PA 17070. 2. Respondent is Thomas E. Yohe, an adult individual whose mailing address is 711 Lewisberry Road, New Cumberland, Cumberland County, PA 17070. Respondent has been having rehabilitative services at Manor Care Nursing Home, 1700 Market Street, Camp Hill, PA 17011. 3. On January 26, 2011, Petitioner and Respondent entered into a Marital Settlement Agreement which, by its terms, resolved all issues surrounding the parties' divorcee This Agreement was incorporated, but not merged into the Decree in Divorce entered on February 1, 2011. 4. On February 16, 2011, a Qualified Domestic Relations Order was entered by the Court which provided for distribution of Respondent's pension due and payable from Lower Allen Township and held by the Principal Financial Group. 5. On March 28, 2012, Petitioner filed a Petition for Enforcement seeking the Court's enforcement of the Marital Settlement Agreement as Respondent failed to execute all forms required to complete the pension distribution process and allow for release of the lump sum and monthly payments necessary to satisfy Respondent's obligations pursuant to Section II, Paragraphs 1) B and E and Section 11, Paragraph 2) of the Marital Settlement Agreement, which debts were being paid for by Petitioner. 6. Petitioner's Petition for Enforcement also sought reimbursement of counsel fees incurred arising from Respondent's breach of the Marital Settlement Agreement. 7. On April 2, 2012, the Honorable Judge Guido entered an Order requiring Defendant to complete the pension distribution process to allow for Petitioner to receive the lump sum payment and monthly pension payments pursuant to the Marital Settlement Agreement, including but not limited to the opening of a joint account held by Petitioner and Respondent. This was to be completed immediately. A true and correct copy of same is attached hereto as Exhibit A. 8. The April 2, 2012 Order did not award any counsel fees to Petitioner. 9. By letter dated April 5, 2012, Respondent was served Judge Guido's Order via Delivery Confirmation at Manor Care Nursing Home and at his prior mailing address of 711 Lewisberry Road, New Cumberland, PA 17070. A true and correct copy of same is attached hereto as Exhibit B. 10. In an effort to assist Respondent in the completion of this process, the April 5, 2012 letter included the executed bank account form to allow for processing of the joint account necessary to receive the payments. 11. No action has been taken by Respondent to complete the process required by the Marital Settlement Agreement and the Order of Court dated April 2, 2012. 12. Counsel for Petitioner received a phone call from Steven Howell, Esquire on or about April 23, 2012 indicating that he is now representing Respondent and requesting confirmation of the forms that needed to be executed by Respondent. 13. The form was provided to Attorney Howell by letter dated April 27, 2012. A true and correct copy of same is attached hereto as Exhibit C. 14. After no contact from counsel for Respondent for over three weeks, counsel for Petitioner e}mailed counsel for Respondent on May 15, 2012 to advise if the paperwork had been processed for the joint account. E-mails from Respondent's counsel challenged the calculation of monies owed and requested confirmation that Petitioner did not increase the line of credit on the home after Respondent's last withdrawal in 2008. 15. Counsel for Petitioner confirmed that no monies were ever taken by Petitioner and the basis of the calculation. 16. It was believed that Respondent and counsel for Respondent were going to cooperate in finalizing the last outstanding issue of this divorce proceeding. 17. However, Attorney Howell now indicates to Petitioner's counsel and to Domestic Relations that Respondent will be making a bankruptcy filing and will be seeking a bankruptcy attorney. 18. Respondent was required to complete the process set forth in the Marital Settlement Agreementdated January 26, 2011. He has failed to do so even after the entry of the April 2, 2012 Order requiring him to do so immediately. 19. Petitioner requests this Honorable Court find Respondent is in contempt of the April 2, 2012 Order pursuant to 23 Pa. C.S.A. §3502(e)(9). 20. Petitioner requests an Order directing Principal Financial Group to commence payment of the benefits in accordance with the Qualified Domestic Relations Order for Lower Allen Township Authority Retirement Plan, Annuity Contract No. 4-44091 immediately and to pay same satisfied. 21. Further, Respondent shall continue to be required to execute all forms and take all actions required to complete this distribution process within three (3) days of the date of this Order. 22. Petitioner requests an award of counsel fees and costs pursuant to the Settlement Agreement and 23 Pa. C.S.A. §3502(e)(7). 23. Petitioner requests this Honorable Court require Respondent to pay all counsel fees incurred by Petitioner as a result of the current and past Petitions, which fees are in the amount of One Thousand Two Hundred Fifty Dollars ($1,250.00). 24. Counsel for Respondent has not provided concurrence with the filing of this Motion. 25. The Honorable Judge Edward E. Guido was previously assigned to this matter. WHEREFORE, Petitioner requests this Honorable Court enter an Order as follows: 1. Respondent is held in contempt of the Order of Court dated April 2, 2012; 2. Respondent shall pay sanctions to Petitioner in the amount of One Thousand Two Hundred Fifty Dollars ($1,250.00) in attorney's fees in ten (10) days of the date of this Order; Principal Financial shall be directed to pay the lump sum and such monthly payments due and owing on the Lower Allen Township Retirement Plan, Contract No. 4-44091 as are required to satisfy Respondent's payment pursuant to the Marital Settlement Agreement directly to Petitioner; and 4. Respondent shall be required to execute all forms and take all actions required to complete the pension distribution process and to deliver same to Petitioner's counsel within three (3) days of the date of an Order. Respectfully submitted DATE: Q l Z Barbara Sumple-Sullivan, Esquire Attorney for Petitioner 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 Exhibit A Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 BridCre Street New Cumberland, PA 17070 (717) 774-1445 4 ° CARYL E. YOHE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. THOMAS E. YORE, Defendant NO. 10-2606 CIVIL ACTION -LAW IN DIVORCE ORDER •AND NOW, this e day of_ , 2012 upon consideration of Plaintiff s Petition for Enforcement, it is hereby O EKED and DECREED as follows: 1. Defendant is required to execute all forms required to complete the pension distribution process to allow for Petitioner to receive the lump sum payment and monthly pension payments pursuant to the Marital Settlement Agreement, including but not limited to the opening of the joint account immediately; s _- ---- '-•__" `'••• ?+ w vvlul+ll 1 Kill nt b S i*@4tides, but 1 1) d In Testimony whereof, I here unto sei ,y hand and the seal of said Court at Carlisle. Pa. This day of 20 /-_;? Prothonotary J Exhibit B • *N LAW OFFICES BARBARA SUMPLE-SULLIVAN 549 BRIDGE STREET NEW CUMBERLAND, PENNSYLVANIA 17070-1931 PHONE (717) 774-1445 FAX (717) 774-7059 Apri 1 5, 2012 Delivery Confirmation 03110820000083963925 Mr. Thomas Yohe C/o Manor Care Nursing Home 1700 Market Street Camp Hill, PA 17011 Re: Yohe v. Yohe Dear Thomas: Delivery Confirmation 03110820000083963918 Mr. Thomas Yohe 711 Lewisberry Road New Cumberland, PA 17070 Enclosed please find an Order of Court dated April 2, 2012 which requires you complete the pension distribution process. BY ORDER OF COURT, YOU ARE REQUIRED TO OPEN THE JOINT ACCOUNT IMMEDIATELY. To assist you, I am enclosing the originally executed bank account form which was originally executed by you but allegedly stopped by your power of attorney. The form originally indicated Member's First; however, I understand that you now desire the account to be opened at Susquehanna Valley Federal Credit Union. Please modify the designation of "Financial Institution" on the Principal Financial Group authorization for direct deposit to reflect Susquehanna Valley Federal Credit Union, if that is the depository you desire. Please secure the processing of the joint account. I am including the originally executed document to assist you in the process. By copy of this letter, I am providing the Court's April 2, 2012 Order to Susquehanna Valley Federal Credit Union so that this transaction can be immediately completed in accordance with the Court O-Aer. An envelope addressed to the Credit Union, in addition to its letter to Caryl dat-11 December 16, 2011, are included for ease of your reference. 0 9 ' . Mi. Thomas E. Yohe April 5, 2012 Page 2 I am sending a copy of this Order to Gail Luckenbaugh. If she is your power of attorney, she should assist you in the processing. The court did not presently award fees against you; however, we will file andther petition for reimbursement of costs if this is not immediately implemented. We expect the joint account to be established no later than seven (7) days of the date of this letter. Sincerelyjours„ i L 'Barbara Sumple-Sullivan BSS/jrb Enclosures cc: Susquehanna Valley Federal Credit Union (w/encl) Ms. Gail Luckenbaugh (w/encl) Ms. Caryl Yohe (w/encl) bill, c { U1 -, ru m mm --- -0 C3 o o a ru ?j o a m O 43 a 17- M -D U- m b r7 0 0 0 0 rv m r3 r-q a M O U.S. Postal Service Delivery Confirmation Receipt Ln Postage and Delivery Confirmation fees must be paid before mailing. ru Q- Article Sent To: (to be completed by maibai m Thomas rnaxt D h ? °p -n ft.»~c z m /700 Indlik-e-f vrs G-X C3° POSTAL CUSTOMER: U C3 Postmark Keep this receipt. For Inquiries: Here Access intemet web site at o www.usps.com n or call 1-800-222-1811 C CHECK ONE (POSTAL USE ONLY) rq a ?priority Mall Service M ?First-Class Maifparcel ?Package Services parcel PS Form 152, May 2002 (See Reverse) U.S. Postal Service Delivery Confirmation Receipt m Postage and Delivery Confirmation fees must be paid before mailing. Er Article Sent To: (;to be completed by mailer) rr' _n ftma"7"* m { ?f `a i? r%. i I .l 'v 1, '1 C3 POSTAL CUSTOMER: _z- C3 C3 Postmark Keep this receipt. For Inquiries: Access intemet web site at 'x Here o www.usps.com ru or call 1-800-222-1811 c CHECK ONE (POSTAL USE ONLY) a ,a ?Priority Mali-Service o ?Frst-Class MsIP parcel ? Package Services parcel PS Form 152, May 2002 (See Reverse) 5 USQUEHA A ALLEY F E D E R A L C R E D I T U N I O N December 16, 2011 Caryl E. Yohe Kelly Shoemaker, POA 69 Pleasant View Terrace New Cumberland, PA 17070 Dear Ms. Yohe & Ms. Shoemaker: 385*rtzdale Dr. Camp Hill, PA 17011-7809 339 ast Park Dr. Harrisburg, PA 17111-2730 Local: 717-737-4152 Toll Free: 800-948-1454 Fax: 717-737-0589 On December 15th, an application was received for a new account in the names of Caryl and Thomas Yohe. Account number 17437 was assigned. As Thomas' signature on the application did not match the signature on file, SVFCU contacted Ms. Luckenbaugh, POA. She indicated that Thomas had not signed the form. Therefore, the assigned account number 17437 has been closed. We apologize for any inconvenience, however, in order to open an account in the names of Caryl or Thomas Yohe, the Yohes or their respective POAs will need to have their signatures Notarized or sign the application at the credit union office. Please call if you have any questions regarding this matter. Sincerely, Membership Processing Dept. CC: Thomas Yohe, Gail Luckenbaugh POA 711 Lewisberry Rd., New Cumberland, PA 17070 www. SVFCU. org 11/1.5/ 2011 11: 57 717291 L A T A PAGE 02 .% 6 • PO Box 9394 ?iR911frial Des Moines, to 50306-9394 Principal Life Authorization For Group FAX: (866) 704-3481 Insurance Company Direct Deposit ADVANTAGES . . DIRECTIONS We are pleased to offer you a new payment option - Direct Deposit. Direct Deposit is safe, convenient and easy. To take advantage of Now you can have your distribution automatically deposited into this service, please complete the authorization agreement at the your checking or savings account bottom of this page and return 4 with the distribution form. (Direct Deposit is available for rash distributions and loans only.) Direct Deposit has (many benefits. All you need to do is complete the distribution form and then: 1. The benefit payment is deposited more timely - no mail Nme 1. Fill in the following information below. involved, a Your name 2. It eliminates the possibility of a lost, stolen or forged check. 3. The benefit payment is deposited to your checking or savings account even if you're on vacation, away on business, or ill. 4, It saves you a trip to your financial institution. Once you have sent check the status and your personal rsttren calling our TeleTouch Once the distribution deposit with your final Questions? If you hE please call our Client cur distribution request form to us, you can twits of the benefit payment by logging in to nt plan information at principal.com, or by voice response system at 1-800-547-7754. ias been processed, you can confirm the ial institution. any questions on completing this form, intact Center at 14800-547-7754. b. Social security number c. Your phone number d, Financial institution name, address, and account name e. Routing (transit number and account number). 2. Mark the box to indicate the type of account in which the benefit payment will be deposited. 3. If you are requesting that the distribution be deposited into your checking account, attach a voided check for verification of all financial institution information. If you would like to deposit the distribution into your sw4nos account, please contact your bank for the correct Routing/Transit Number and your Account Number. 4. Sign and date the form to authorize the Principal Life Insurance Company (Principal Life) to deposit the funds into your checking or savings account. 5. Retum this form along with the distribution form. How to find the Routing/Transit Number. You can usually find the routing?transit number at the bottom left- hand comer of the checks issued to you by your financial institution. The numbers are usually 9 digits long. Mean dd60989ti3 ?l44 98ti 1435 Nunt N tuber t-miancrai 1rWX A M Iittforie•Nif ":: Pl/e-BSS enckisse a vnbbd diedk rjfgqpke? silty campkft ti?re irrlorrrlebrin, Your Nantr; D m a s? Social SecurV/TwPvyer ID No. Phone Number h o 19 -1 l-f a 1-717,,,?/.'5 300S' FinanoiaIlnstitutionName C ?? Y??e as Shovwn on te ?t WAA Be an ft??h? (y, J I 7homa s uo h.e Financi Ins ' Add s (street number 8 na 8, must be located in the U.S.) City 5tafe& Zip Code d0-/ 1 Routh ransit Number ( digits) Your Account Number 1 - ,, (up to 21_ igits) Account TVDa: i I Hereby Authorize: • Principal Life to initiate credit entries to my checking or savings account at the financial institution named above. • Principal Life, if necessary, to initiate debit entries and adjustments to correct any credit entries made in error. • The financial in on to credit and/or debit entries to my checking or savings account. This Authorization: • Applies to any yments that hereafter become due and payable to me under the provisions of the plan(s) identified by the above Social S rity Number. • Is to remain in ful force until I notify Principal Life in writing at its Home Office that the agreement is no longer effective, • This election will Opdate any Direct Deposit authorization agreement on file. PG 4141-07 0312011 m N CP V OD W &J? T l` O O V J G U C UM ?Q U a Ln x ru ba GL U rf1 ryl rv ? U n Exhibit C LAw OFFICES BARBARA SUMPLE-SULLIVAN 549 BRIDGE STREET NEW CUMBERLAND, PENNSYLVANIA 17070-1931 PHONE (717) 774-1445 FAX (717) 774-7059 April 27, 2012 Steven Howell, Esquire 619 Bridge Street New Cumberland, PA 17070 Re: Caryl E. Yohe v. Thomas E. Yohe Docket No. 10 - 2602 (Divorce) / Cumberland County Dear Steve: I received your message that you are representing Mr. Yohe (or his power of attorney) mi the above captioned matter. You asked what needed to be signed. The form is to open a jointly titled bank account at Member's 1St, New Cumberland Giant Branch, 130 Old York Rd., New Cumberland, PA 17070, to allow for deposit of the pension distribution. Please have your client complete and execute the enclosed form for creation of a joint account and return as soon as possible so this matter can be concluded. I will then co-ordinate this with the pension holder. Thank you. BSS/rs Enclosure Very truly1yau:rs, Barbara Sumple-Sullivan cc: Ms. Caryl Yohe (via email) Sthi,,; hhr hd7nu??bn?F, I41 Illlii MEMBERS1 Membership Application Account Number Account Name Last - First j Middle-fnitial Suffix SSN/EIN ; (Y Address Date of Birth Home Phone Number I ° " ? ? r ? G ?'--? ! / Y-'(,L, ?? Ll {W /IJ t r (" y IC' " (.e ?l -77 City f State Zi Code P 2 Email Address Employer Work Phone Number Extension Cell Phone Number Joint Owner Last __,-,, First Middle Initial Suffix SSN/EIN ! , Pl ? i hc???r S Address 7 Date of Birth Home Phone Number City State Zip Code Email Address Employer Work Phone Number Extension Cell Phone Number Eligibility Type "Name of Family Member 'On the line above, lease indicate the name of the Family Member, if applicable. W-9 Certific tion of Taxpayer Identification Number (social security Number) By signing below, under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number, and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IFS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. 1 am a U.S. citizen' or other U.S. person. ary Pri Member 1 I am a U.S. Citizen or Resident ? I am not a U. S. Citizen or Resident (Complete W-8 Form) ? I have been notill?ied by the Internal Revenue Service (IRS) that I am subject to backup withholding. X J 4 y '71 0 Joint Owner Prim afy Signat re ate ? 1 am a U.S. Citizen or Resident ? I am not a U. S. Citizen or Resident (Complete W-8 Form) ? I have been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding. `X Joint Owner Signature Date ]/AWvAV/e hereby make application for membership to Members 1st FCU. I/We agree to conform to its bylaws and amendments thereof and maintain , t least a $5 minimums balance. Members 1 st FCU is hereby authorized to recognize any of the signatures subscribed hereto in the payment of o [ nds or the transacti n of any business for this account and all sub-accounts. IM/e acknowledge receipt of the Membership Booklet which ontains all relevant contractual obligations for this account and all sub-accounts. I/We have read and agree to the terms and conditions of the embership Booklet, the Members 1st FCU Debit Card, EZ Call and/or Members 1st Online terms and conditions, and hereby accept and confirm hat all shares and accounts held by me/us are subject to Members 1st's Federal Statutory Lien/Pledge. I/We agree that the information above is true and complete and authorize Members 1st FCU to obtain any information necessary to this application. X I<I ' _ ?Igx?ature 4, ID Type? 1 l? ID Number Issue Date Exp Date ` x1 Signature ID Type ID Number Issue Date Exp Date 1$thild Lnaik• 1)ii V Rleen icsMvg, Pd 1705; (xUU) h -k?-4,1?4 MEK ER5U'' Membership Application ACCOUNT SERVICES Account Number Regular Savings ? Kids 1" Club ? Wember ? Savings I Checking (( \ Overdraft Protection Source Savings ? Checking ? Money Mgmt ? Supplemental ? PSL ? Personal LOC ? HELOC ? ELOC Signature Account ID ? Money Management ? Holiday Club Maturity Post Code To Acct Transfer Type: ID ? Vacation Club Maturity Post Code ? Supplemental Savings ? Certificate Maturity Post Code ? IRA Savings ? IRA Certificate Type Maturity Post Code To Acct Transfer Type: ID Transfer Type: ID ? VISA Debit Card' (Checking account required) ? Primary ? Joint ? ATM Card (fee applicable) ? Primary ? Joint ? ATM Accessibility ? Savings ? Checking ? Money Mgmt ? Supplemental ? PSL ? Personal LOC ? HELOC Electronic Services Telephone PIN (Includes Members 1" Online & EZ Call) Bill Payer eStatements I eNptices E-mail Address ?1O[ ? l-6 ??// (,irk, Z , 7 (Electronic Serviaps/E-Mail Address Required) ? VISA Credit Card ? Loans Signature Date To Acct Transfer Type: ID Type To Acct Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 CARYL E, YOHE, Plaintiff V. THOMAS E. YOHE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-2606 CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, BARBARA SUMPLE-SULLIVAN, ESQUIRE, do hereby certify that on this date, I served a true and correct copy of the MOTION FOR CONTEMPT AND SANCTIONS, in the above-captioned matter upon the following individual, by United States first-class mail, postage prepaid, addressed as follows: DATE: '5-1- 0/? 'Z_ Steven Howell, Esquire 619 Bridge Street New Cumberland, PA 170 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 Attorney for Petitioner CARYL E. YOHE, IN THE COURT OF COMMON PLf??S ?-; -, Plaintiff OF CUMBERLAND COUNTY, - - ;a - PENNSYLVANIA vs. NO. 2010-2606 r THOMAS E. YORE , Defendant CIVIL ACTION - LAW (DIVORCT- _T PRAECIPE PROVIDING NOTICE OF CHAPTER 13 BANKRUPTCY FILING TO THE PROTHONOTARY: Please note that on May 31, 2012 as shown on Exhibit "A" a Chapter 13 Bankruptcy Petition was filed in the Middle District of Pennsylvania to Case No. 12-bk-03317. Any actions subsequent to the filing date may violate the terms of the automatic stay subjecting any and all offending parties to sanctions and an award of legal fees to the Debtor. Respectfully submitted, By: St en Howe Esquire 41owell Law Firm 619 Bridge Street New Cumberland, PA 17070 Supreme Court I.D. 62063 (717) 770-1277 Certificate of Service I hereby certify that on the date set forth below a true and correct copy of the foregoing document was served upon the party/parties set forth below by postage prepaid, first class United States Mail addressed as follows: Barbara Sumple-Sullivan, Esquire (Via Fax 774-7059) 549 Bridge Street New Cumberland, PA 17070 By: Date: June 1, 2012 1% (Official Form 1) (12/11) United States Bankruptcy Court Middle District of Pennsylvania Voluntary Petition Name of Debtor (if individual, enter Last, First, Middle): Name of Joint Debtor (Spouse) (Last, First, Middle): Yohe, Thomas E. All Other Names used by the Debtor in the last 8 years All Other Names used by the Joint Debtor in the last 8 years (include married, maiden, and trade names): (include married, maiden, and trade names): Last four digits of Soc. Sec. or Individual-Taxpayer I. D. (ITIN) /Complete EIN Last four digits of Soc. Sec. or Individual-Taxpayer 1. D. (ITIN) /Complete EIN (if more than one, state all): 8773 (if more than one, state all): Street Address of Debtor (No. & Street, City, State & Zip Code): Street Address of Joint Debtor (No. & Street, City, State & Zip Code): CIO Manor Care Nursing Home 1700 Market Street, Room 218 Camp Hill, PA ZIPCODE 17011 ZIPCODE County of Residence or of the Principal Place of Business: County of Residence or of the Principal Place of Business: Cumberland Mailing Address of Debtor (if different from street address) Mailing Address of Joint Debtor (if different from street address): ZIPCODE ZIPCODE Location of Principal Assets of Business Debtor (if different from street address above): ZIPCODE Type of Debtor Nature of Business Chapter of Bankruptcy Code Under Which (Form of Organization) (Check one box.) the Petition is Filed (Check one box.) (Check one box.) (Individual (includes Joint Debtors) ? Health Care Business ? Single Asset Real Estate as defined in 11 E] Chapter 7 ? Chapter 15 Petition for ? Cha ter 9 R i i See Exhibit D on page 2 of this form. U.S.C. § 101(51B) p ecogn t on of a Foreign ? Chapter 11 Main Proceeding ? Corporation (includes LLC and LLP) ? Partnershi ? Railroad ? Chapter 12 ? Chapter 15 Petition for p ? Other (If debtor is not one of the above entities ? Stockbroker ? Commodity Broker [Chapter 13 Recognition of a Foreign , check this box and state type of entit below ) ? Cl i B k Nonmain Proceeding - y . ear ng an ? Other Nature of Debts Chapter 15 Debtor Countr f d bt ' f i (Check one box.) Debts are primarily consumer ? Debts are rima il y o e or s center o ma n interests: Tax-Exempt Entity _ p r y debts, defined in 1 1 U.S.C. business debts. Each country in which a foreign proceeding by, di (Check box, if applicable.) ? Debtor is a tax-exempt organization under § 101(8) as "incurred by an individual primaril for a regar ng, or against debtor is pending: Title 26 of the United States Code (the y personal, family, or house- Internal Revenue Code). hold purpose." Filing Fee (Check one box) Chapter 11 Debtors RrFull Filing Fee attached Check one box: ? Debtor is a small business debtor as defined in 11 U.S.C. § 101(51 D). ? Filing Fee to be paid in installments (Applicable to individuals ? Debtor is not a small business debtor as defined in II U. S.C. § 101(51 D). only). Must attach signed application for the court's Check if: consideration certifying that the debtor is unable to pay fee ? Debtor's aggregate noncontingent liquidated debts (excluding debts owed to insiders or affiliates) are less except in installments. Rule 1006(b). See Official Form 3A. than $2,343,300 (amount subject to adjustment on 410/13 and every three years thereafter). ------------ ? Filing Fee waiver requested (Applicable to chapter 7 individuals ---------------------------------------------------- Check all applicable boxes: only). Must attach signed application for the court's ? A plan is being filed with this petition consideration. See Official Form 3B. ? Acceptances of the plan were solicited prepetition from one or more classes of creditors, in accordance with 11 U.S.C. § 1 126(b). Statistical/Administrative Information THIS SPACE IS FOR ? Debtor estimates that funds will be available for distribution to unsecured creditors. [D bt ti h f COURT USE ONLY e or es mates t at, a ter any exempt property is excluded and administrative expenses paid, there will be no funds available for distribution to unsecured creditors. Estimated Number of Creditors V ? ? ? ? ? ? ? ? ? 1-49 50-99 100-199 200-999 1,000- 5,001- 10,001- 25,001- 50,001- Over 5,000 10,000 25,000 50,000 100,000 100,000 Estimated Assets 62 ? ? ? ? ? ? ? ? ? $0 to $50,001 to $100,001 to $500,001 to $1,000,001 to $10,000,001 $50,000,001 to $100,000,001 $500 000 001 More than , , $50,000 $100,000 $500,000 $1 million $10 million to $50 million $100 million to $500 million to $1 billion $1 billion Estimated Liabilities 9 ? ? ? ? ? ? ? ? ? $0 to $50,001 to $100,001 to $500,001 to $1,000,001 to $10,000,001 $50,000,001 to $100,000,001 $500 000 001 More than , , $50,000 $100,000 $500,000 $1 million $10 million to $50 million $100 million to $500 million to $1 billion $1 billion T 0 v 0 rn v v N m rn 0 m c l1 N W 0 rn m Case 1:12-bk-03317-RNO Doc 1 Filed 05/31/12 Entered 05/31/12 16:11:45 Desc Main Document Page 1 of 4 bf (Official Form 1) (12/11) Voluntary Petition l rage Name of Debtor(s): (This page must be completed and filed in every case) Yohe, Thomas E. All Prior Bankruptcy Case Filed Within Las t 8 Years (If more than two, attach additional sheet) Location Case Number: Date Filed: Where Filed:None Location Where Filed: Case Number: Date Filed: Pending Bankruptcy Case Filed by any Spouse, Partner or Affiliate of this Debtor (If more than one, attach additional sheet) Name of Debtor: Case Number: Date Filed: None District: Relationship: Judge: Exhibit A Exhibit B (To be completed if debtor is required to file periodic reports (e.g., forms (To be completed if debtor is an individual I OK and I OQ) with the Securities and Exchange Commission pursuant to whose debts are primarily consumer debts.) Section 13 or 15(d) of the Securities Exchange Act of 1934 and is i I, the attorney for the petitioner named in the foregoing petition declare request ng relief under chapter 11.) , that I have informed the petitioner that [he or she] may proceed under ? Exhibit A is attached and made a part of this petition. chapter 7, 11, 12, or 13 of title 11, United States Code, and have explained the relief available under each such chapter. I further certify that I delivered to the debtor the notice required by 11 U.S.C. § 342(b). X /s/ Lawrence G. Frank, Esquire 5/31112 Signature of Attomey for Debtor(s) Date Exhibit C Does the debtor own or have possession of any property that poses or is alleged to pose a threat of imminent and identifiable harm to public health or safety? ? Yes, and Exhibit C is attached and made a part of this petition. [J? No Exhibit D (To be completed by every individual debtor. If a joint petition is filed, each spouse must complete and attach a separate Exhibit D.) EK Exhibit D completed and signed by the debtor is attached and made a part of this petition. If this is a joint petition: ? Exhibit D also completed and signed by the joint debtor is attached a made apart of this petition. Information Regarding the Debtor - Venue (Check any applicable box.) 5K Debtor has been domiciled or has had a residence principal place of business or princi al assets in this Di t i t f 180 d i , , p s r c or ays mmediately preceding the date of this petition or for a longer part of such 180 days than in any other District. ? There is a bankruptcy case concerning debtor's affiliate, general partner, or partnership pending in this District. ? Debtor is a debtor in a foreign proceeding and has its principal place of business or principal assets in the United States in this District , or has no principal place of business or assets in the United States but is a defendant in an action or proceeding [in a federal or state court] in this District, or the interests of the parties will be served in regard to the relief sought in this District. Certification by a Debtor Who Resides as a Tenant of Residential Property (Check all applicable boxes.) ? Landlord has a judgment against the debtor for possession of debtor's residence. (If box checked, complete the following.) (Name of landlord that obtained judgment) (Address of landlord) ? Debtor claims that under applicable nonbankruptcy law, there are circumstances under which the debtor would be permitted to cure the entire monetary default that gave rise to the judgment for possession, after the judgment for possession was entered, and ? Debtor has included in this petition the deposit with the court of any rent that would become due during the 30-day period after the filing of the petition. ? Debtor certifies that he/she has served the Landlord with this certification. (11 U.S.C. § 362(1)). a 0 d A N 0 LL V N 00 0 14 U C 01 N W 0 m Case 1:12-bk-03317-RNO Doc 1 Filed 05/31/12 Entered 05/31/12 16:11:45 Desc Main Document Page 2 of 4 al (Official Form 11 (12/11) Voluntary Petition r e3 Name of Debtor(s): (This page must be completed and filed in everycase) Yohe, Thomas E. Signatures Signature(s) of Debtor(s) (Individual/Joint) Signature of a Foreign Representative I declare under penalty of perjury that the information provided in this I declare under penalty of perjury that the information provided in this petition is true and correct. petition is true and correct, that I am the foreign representative of a debtor [If petitioner is an individual whose debts are primarily consumer debts in a foreign proceeding, and that I am authorized to file this petition. and has chosen to file under Chapter 7] I am aware that I may proceed (Check only one box ) under chapter 7, 11, 12 or 13 of title 11, United States Code understand . , the relief available under each such chapter, and choose to proceed under I request relief in accordance with chapter I S title 11, United chapter 7. ui States Code. Certified copies of the documents required by 11 U.S.C. [If no attorney represents me and no bankruptcy petition preparer signs § 1515 are attached. the petition] I have obtained and read the notice required by 11 U.S.C. § ? Pursuant to I I U.S.C. § 1511, I request relief in accordance with the 342(b). chapter of title 1 l specified in this petition. A certified copy of the I request relief in accordance with the chapter of title 11, United States order granting recognition ofthe foreign main proceeding is attached. Code, specified in this petition. / Th X / X s omas E. Yohe Signature of Foreign Representative _ S,gnature of Debw Thomas E. Yohe X __.....__._.._._..._.__................. __......_.... ......... ....... ._.___....___.__.__..........._.....__...._...__...._....__..__.____._.......__. Printed Name of Foreign Re resentative Signature of Joint Debtor p ............._....._..__.._._............. ...__._...------ .......... __.._._....... ........_......_................ _...._......_ Telephone Number (If not represented by attorney) Date May 31, 2012 _ Date Signature of Attorney* Signature of Non-Attorney Petition Preparer X /s/Lawren G F k E I declare under penalty of perjury that: 1) 1 am a bankruptcy petition ce . ran , squire preparer as defined in 11 U S C § 110; 2) I re ared this d t f Signature of Attorney for Debtor(s) . . . p p ocumen or compensation and have provided the debtor with a copy ofthis document Lawrence G. Frank Esquire 15619 and the notices and information required under I1 U.S.C. §§ 110(b), , Lawrence G Frank 110(h) and 342(b); and 3) if rules or guidelines have been promulgated . Thomas Long Niesen & Kennard pursuant to 11 U.S.C. § I10(h) setting a maximum fee for services chargeable by bankruptcy petition preparers, I have given the debtor 212 Locust Street, Suite 500 Harrisburg PA 17101 notice ofthe maximum amount before preparing any document for filing , for a debtor or accepting any fee from the debtor, as required in that (717) 234-7475 Fax: (717) 236-8278 section. Official Form 19 is attached. lawrencefrank@earthlink.net .____....___.__-.__.__....._......_......._.?._._...e._.__.._._........ ,__._..... _..___._.__.._...._..._____...._..... _ Printed Name and title, if any, of Bankruptcy Petition Preparer Social Security Number (lf the bankruptcy petition preparer is not an individual, state the Social Security number of the officer, principal, responsible person or partner of the May 31, 2012- bankruptcy petition preparer.) (Required by I I U.S.C. § 110.) Date _ In a case in which § 707(b)(4)(D) applies, this signature also constitutes a Addresses __ _ - certification that the attorney has no knowledge after an inquiry that the information in the schedules is incorrect. Signature of Debtor (Corporation/Partnership) I declare under penalty of perjury that the information provided in this _ petition is true and correct, and that I have been authorized to file this Signature _ _ petition on behalf of the debtor. The debtor requests relief in accordance with the chapter of title 11, Signature of Bankruptcy Petition Preparer or officer, principal responsible United States Code, specified in this petition. , person, or partner whose social security number is provided above. X Names and Social-Security numbers of all other individuals who prepared or assisted in preparing this document unless the bankru tc etition re i Signature of Authorized Individual p y p p parer s not an individual: Printed Name of Authorized Individual If more than one person prepared this document, attach additional sheets conforming to the appropriate official form for each person. - - - - Title of Authorized Individual A bankruptcy petition preparer's failure to comply with the provisions oftitle 11 and the Federal Rules o.fBankruptcy Procedure may result in fines or imprisonment or both II U.S.C. § 110; 18 U.SC. § 156. Date T C 0 `m 0 i' 0 u_ N N m N W 0 N rn Case 1:12-bk-03317-RNO Doc 1 Filed 05/31/12 Entered 05/31/12 16:11:45 Desc Main Document Page 3 of 4 AiD (Official Form 1, Exhibit D) (12/09) United States Bankruptcy Court Middle District of Pennsylvania IN RE: Case No. Yohe, Thomas E. Chapter Debtor(s) EXHIBIT D - INDIVIDUAL DEBTOR'S STATEMENT OF COMPLIANCE CREDIT COUNSELING REQUIREMENT Warning: You must be able to check truthfully one of the five statements regarding credit counseling listed below. If you cannot do so, you are not eligible to file a bankruptcy case, and the court can dismiss 'any case you do file. If that happens, you will lose whatever filing fee you paid, and your creditors will be able to resume collection activities against you. If your case is dismissed and you file another bankruptcy case later, you may be required to pay a second filing fee and you may have to take extra steps to stop creditors' collection activities. Every individual debtor must file this Exhibit D. If a joint petition is filed, each spouse must complete and file a separate Exhibit D. Check one of the five statements below and attach any documents as directed. Z 1. Within the 180 days before the filing of my bankruptcy case, I received a briefing from a credit counseling agency approved by the United States trustee or bankruptcy administrator that outlined the opportunities for available credit counseling and assisted me in performing a related budget analysis, and I have a certificate from the agency describing the services provided to me. Attach a copy of the certificate and a copy of any debt repayment plan developed through the agency. ? 2. Within the 180 days before the filing of my bankruptcy case, I received a briefing from a credit counseling agency approved by the United States trustee or bankruptcy administrator that outlined the opportunities for available credit counseling and assisted me in performing a related budget analysis, but I do not have a certificate from the agency describing the services provided to me. You mustffle a copy of a certificate from the agency describing the services provided to you and a copy of any debt repayment plan developed through the agency no later than 14 days after your bankruptcy case is filed. ? 3. I certify that I requested credit counseling services from an approved agency but was unable to obtain the services during the seven days from the time I made my request, and the following exigent circumstances merit a temporary waiver of the credit counseling requirement so I can file my bankruptcy case now. [Summarize exigent circumstances here.] o` E a N 0 U C Oi C LL N W O N M If your certification is satisfactory to the court, you must still obtain the credit counseling briefing within the first 30 days after you file your bankruptcy petition and promptly file a certificate from the agency that provided the counseling, together with a copy of any debt management plan developed through the agency. Failure to fulfill these requirements may result in dismissal of your case. Any extension of the 30-day deadline can be granted only for cause and is limited to a maximum of 15 days. Your case may also be dismissed if the court is not satisfied with your reasons for filing your bankruptcy case without first receiving a credit counseling briefing. ? 4. I am not required to receive a credit counseling briefing because of. [Check the applicable statement.] [Must be accompanied by a motion for determination by the court.] ? Incapacity. (Defined in 1 I U.S.C. § 109(h)(4) as impaired by reason of mental illness or mental deficiency so as to be incapable of realizing and making rational decisions with respect to financial responsibilities.); ? Disability. (Defined in 11 U.S.C. § 109(h)(4) as physically impaired to the extent of being unable, after reasonable effort, to participate in a credit counseling briefing in person, by telephone, or through the Internet.); ? Active military duty in a military combat zone. ? 5. The United States trustee or bankruptcy administrator has determined that the credit counseling requirement of 11 U.S.C. § 109(h) does not apply in this district. W I certify under penalty of perjury that the information provided above is true and correct. Signature of Debtor: /s/ Thomas E. Yohe Date: M_y 312012 Case 1:12-bk-03317-RNO Doc l Filed 05/31 /12 Entered 05/31/12 16:11:45 Desc Main Document Page 4 of 4 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 CARYL E. YOHE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 10-2606 _ THOMAS E. YOHE, .' CIVIL ACTION -LAW Defendant { IN DIVORCE ; n F RUE c? AND NOW, this J day of Qw-0- 2012 on consideration of Plaintiff s Motion for Contempt and Sanctions, a RULE is issued on Defendant to show cause, if any, why the Court should not grant the relief requested. The Rule is returnable within days from the date of service hereof. BY T: J. V/ 1 ?C.ir"rxtllGc JfA?ur??t° ;?U /?J11 n , ?"4". t/ S-I-PVeh Howe_1C, " *, ar, es YvLa, bad L? fSJ?d CARYL E. YOHE, Plaintiff vs. r,-rEpe { t 11F. tt Gtit?Jy?? THOMAS E. YOHE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010-2606 CIVIL ACTION - LAW (DIVORCE) ANSWER TO RULE TO SHOW CAUSE 1-25. NO ANSWER REQUIRED. Defendant incorporated by reference his New Matter as though fully set forth. NEW MATTER 26. On May 31, 2012 Defendant filed a Chapter 13 Bankruptcy Petition in the Middle District of Pennsylvania to Case No. 12-bk-03317. 27. This Chapter 13 was filed because the Defendant lives on S46.00 per month after the Commonwealth appropriates all his available income since he is a resident of a nursing home. 28. On June 1, 2012 the Praecipe and Exhibit "A" was faxed to Attorney Barbara Sumple-Sullivan and Attorney Howell placed a telephone call to chambers advising the Court of the Docket Number for the Chapter 13. See Exhibit "B,. 29. On June 4, 2012 the Praecipe notifying the Court of the Chapter 13 was time stamped by the Prothonotary. 30. On June 5, 2012 the Court issued a Rule to Show Cause. 31. On June 6, 2012, June 8, 2012 and June 10, 2012 Attorney Sullivan was advised in three (3) letters from Attorney Howell and/or Attorney Lawrence Frank that the automatic stay imposed by the Chapter 13 Bankruptcy Petition required her to discontinue any state court action. Attorney Frank's letter of June 10rh provided a deadline to discontinue the action by June 15tH 32. As of June 18, 2012 at 9:00 AM the Prothonotary of Cumberland County has no record of any discontinuance of the motion for contempt or a withdrawal of the Rule to Show Cause. 33. The rule to show cause must be answered on or before June 25, 2012. 34. The Bankruptcy Court for the Middle District of Pennsylvania has sole and exclusive jurisdiction over all property of the Debtor and this state court action violates the automatic stay. Respectfully submitted, By: l ,..? Steven' Hower, Esquire Howell Law Firm 619 Bridge Street New Cumberland, PA 17070 Supreme Court I.D. 62063 (717) 770-1277 Certificate of Service I hereby certify that on the date set forth below a true and correct copy of the foregoing document was served upon the party/parties set forth below by postage prepaid, first class United States Mail addressed as follows: Barbara Sumple-Sullivan, Esquire (Via Fax 774-7059) 549 Bridge Street New Cumberland, PA 17070 Lawrence G. Frank, Esquire (Via Fax 236-8278) Thomas, Long, Niesen & Kennar Suite 500, 212 Locust Street Harrisburg, PA 17108-9500 By: Ste n Howell, Esquire Date: June 18, 2012 C4 Py _ CARYL E. YORE, IN THE COURT OF COMMON PAS ; Plaintiff OF CUMBERLAND COUNTY,, n PENNSYLVANIA - vs. NO. 2010-2606 rya t_ THOMAS E. YORE, Defendant CIVIL ACTION - LAW (DIVORCE) PRAECIPE PROVIDING NOTICE OF CHAPTER 13 BANKRUPTCY FILING TO THE PROTHONOTARY: Please note that on May 31, 2012 as shown on Exhibit "A" a Chapter 13 Bankruptcy Petition was filed in the Middle District of Pennsylvania to Case No. 12-bk-03317. Any actions subsequent to the filing date may violate the terms of the automatic stay subjecting any and all offending parties to sanctions and an award of legal fees to the Debtor. Respectfully submitted, By: St en How,0,, Esquire owell Law Firm 619 Bridge Street New Cumberland, PA 17070 Supreme Court I.D. 62063 (717) 770-1277 Certificate of Service I hereby certify that on the date set forth below a true and correct copy of the foregoing document was served upon the party/parties set forth below by postage prepaid, first class United States Mail addressed as follows: Barbara Sumple-Sullivan, Esquire (Via Fax 774-7059) 549 Bridge Street New Cumberland, PA 17070 By: Date: June 1, 2012 CZD CARYL E. YORE, : IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2010-2606 THOMAS E. YOHE, Defendant : CIVIL ACTION - LAW (DIVORCE) PRAECIPE PROVIDING NOTICE OF CHAPTER 13 BANKRUPTCY FILING TO THE PROTHONOTARY: Please note that on May 31, 2012 as shown on Exhibit "A" a Chapter 13 Bankruptcy Petition was filed in the Middle District of Pennsylvania to Case No. 12-bk-03317. Any actions subsequent to the filing date may violate the terms of the automatic stay subjecting any and all offending parties to sanctions and an award of legal fees to the Debtor. Respectfully submitted, By: St en HoweK,, Esquire owell Law Firm 619 Bridge Street New Cumberland, PA 17070 Supreme Court I.D. 62063 (717) 770-1277 Certificate of Service I hereby certify that on the date set forth below a true and correct copy of the foregoing document was served upon the party/parties set forth below by postage prepaid, first class United States Mail addressed as follows: Barbara Sumple-Sullivan, Esquire (Via Fax 774-7059) 549 Bridge Street New Cumberland, PA 17070 By: Date: June 1, 2012 TRANSMISSION VERIFICATION REPORT TIME 06/01/2012 08:58 NAME HOWELL LAW FIRM FAX 7177701278 TEL SER.# 000AGJ528632 DATE DIME 06/01 08:56 FAX N0./NAME 7747059 DURATION 00:02:12 PAGE(S) 05 RESULT OK MODE STANDARD ECM n1 inL'C.?;..1 T.....». 11 /11/111 United States Bankruptcy Court Middle District of Pennsylvania Name of Debtor (if individual, enter Last, First, Middle): Name of Joint Debtor (Spouse) (Last, First, Middle): Yohe, Thomas E. All Other Names used by the Debtor in the last 8 years All Other Names used by the Joint Debtor in the last 8 years (include married, maiden, and trade names) (include married, maiden, and trade names): Last four digits of Soc. Sec. or Individual-Taxpayer I.D. (ITIN) /Complete EIN Last four digits of Soc. Sec, or Individual-Taxpayer I.D. (ITIN) /Complete EIN (if more than one, state all): 8773 (if more than one, state all): Street Address of Debtor (No. & Street, City, State & Zip Code): Street Address of Joint Debtor (No. & Street, City, State & Zip Code): CIO Manor Care Nursing Home 1700 Market Street, Room 218 Camp Hill, PA ZIPCODE 17011 ZIPCODE County of Residence or of the Principal Place of Business: County of Residence or of the Principal Place of Business: Cumberland Mailing Address of Debtor (if different from street address) Mailing Address of Joint Debtor (if different from street address): ZIPCODE Fz Hip CODE Location of Principal Assets of Business Debtor (if different from street address above): ZIPCODE Type of Debtor Nature of Business Chapter of Bankruptcy Code Under Which (Form of Organization) (Check one box.) the Petition is Filed (Check one box.) (Check one box ) ? Health Care Business ? Chapter 7 ? Chapter 15 Petition for (Individual (includes Joint Debtors) ? Single Asset Real Estate as defined in 1 I ? Chapter 9 Recogn ition of a Foreign See Exhibit D on page 2 of this form. U.S.C. § 101(51 B) Q Chapter 1 I Main Proceeding ? Corporation (includes LLC and LLP) ? Railroad ? Chapter 12 ? Chapter 15 Petition for ? Partnership Q Stockbroker Chapter 13 Recognition of a Foreign ? Other (If debtor is not one of the above entities, ? Commodity Broker Nonmain Proceeding check this box and state type of entity below.) ? Clearing Bank _ Nature of Debts ?___ ? Other (Check one box ) Chapter 1 Debtor . Debts are primarily consumer E] Debts are primarily Country of debtor's center o of main interests: Tax-Exempt Entity debts, defined in 1 1 U.S.C. business debts. (Check box if applicable ) § 101(8) as "incurred by an Each country in which a foreign proceeding by, , . ? Debtor is a tax-exempt organization under individual primarily for a regarding, or against debtor is pending: Title 26 of the United States Code (the personal, family, or house- Internal Revenue Code) hold purpose " . . Filing Fee (Check one box) Chapter 11 Debtors [Full Filing Fee attached Check one box: ? Debtor is a small business debtor as defined in 1 1 U.S C. § 101(51 D). ? Filing Fee to be paid in installments (Applicable to individuals ? Debtor is not a small business debtor as defined in I 1 U.S C § 101(51 D). only), Must attach signed application for the court's Check if. consideration certifying that the debtor is unable to pay fee ? Debtor's aggregate noncontingent liquidated debts (excluding debts owed to insiders or affiliates) are less except in installments. Rule 1006(b). See Official Form 3A. than $2,343,300 (amount subject to adjustment on 4101113 and every three years thereafter). ---------------------------------------------------------------- [] Filing Fee waiver requested (Applicable to chapter 7 individuals Check all applicable boxes: only) Must attach signed application for the court's ? A plan is being filed with this petition consideration See Official Form 3B. ? Acceptances of the plan were solicited prepetition from one or more classes of creditors,. in accordance with 1 I U.S C. § 1126(6). Statistical/Administrative Information THIS SPACE IS FOR ? Debtor estimates that funds will be available for distribution to unsecured creditors. COURT USE ONLY [Debtor estimates that, after any exempt property is excluded and administrative expenses paid, there will be no funds available for distribution to unsecured creditors. Estimated Number of Creditors 1-49 50-99 100-199 200-999 1,000- 5,001- 10,001- 25,001- 50,001- Over 5,000 10,000 25,000 50,000 100,000 100,000 Estimated Assets 9 ? ? ? ? ? ? ? ? ? $0 to $50,001 to $100,001 to $500,001 to $1,000,001 to $10,000,001 $50,000,001 to $100,000,001 $500,000,001 More than $50,000 $100,000 $500,000 $1 million $10 million to $50 million $100 million to $500 million to $1 billion $1 billion Estimated Liabilities $0 to $50,001 to $100,001 to $500,001 to $1,000,001 to $10,000,001 $50,000,001 to $100,000,001 $500,000,001 More than $50,000 $100,000 $500,000 $1 million $10 million to $50 million $100 million to $500 million to $1 billion $1 billion Case 1;12-bk-03317-RNO Doc 1 Filed 05/31/12 Entered 05/31/12 16:11:45 Desc Main Document Page 1 of 4 R1 (Of iriAI Fnrm 11 (19/11) Page 2 Voluntary Petition Name of Debtor(s): (This page must be completed and filed in every case) Yohe, Thomas E. All Prior Bankruptcy Case Filed Within Last 8 Years (If more than two, attac h additional sheet) Location Case Number: Date Filed: Where Filed:None Location Case Number:. Date Filed: Where Filed: Pending Bankruptcy Case Filed by any Spouse, Partner or Affiliate of this Debtor (If more than one, attach additional sheet) Name of Debtor: Case Number: Date Filed: None District: Relationship: Judge: Exhibit A Exhibit B (To be completed if debtor is required to file periodic reports (e.g., forms (To be completed if debtor is an individual I OK and 10Q) with the Securities and Exchange Commission pursuant to whose debts are primarily consumer debts.) Section 13 or 15(d) of the Securities Exchange Act of 1934 and is I, the attorney for the petitioner named in the foregoing petition, declare requesting relief under chapter 11.) that I have informed the petitioner that [he or she] may proceed tinder chapter 7, 11, 12, or 13 of title 11, United States Code, and have ? Exhibit A is attached and made a part of this petition. explained the relief available under each such chapter. I further certify that I delivered to the debtor the notice required by 1 I U.S.C. § 342(b). X Is/ Lawrence G. Frank, Esquire 6/31/12 Signature of Attomey for Debtor(s) Date Exhibit C Does the debtor own or have possession of any property that poses or is alleged to pose a threat of imminent and identifiable harm to public health or safety? ? Yes, and Exhibit C is attached and made a part of this petition. d No Exhibit D (To be completed by every individual debtor. If a joint petition is filed, each spouse must complete and attach a separate Exhibit D.) [K Exhibit D completed and signed by the debtor is attached and made a part of this petition. If this is a joint petition: ? Exhibit D also completed and signed by the joint debtor is attached a made a part of this petition. Information Regarding the Debtor - Venue (Check any applicable box.) Ef Debtor has been domiciled or has had a residence, principal place of business, or principal assets in this District for 180 days immediately preceding the date of this petition or for a longer part of such 180 days than in any other District. ? There is a bankruptcy case concerning debtor's affiliate, general partner, or partnership pending in this District. ? Debtor is a debtor in a foreign proceeding and has its principal place of business or principal assets in the United States in this District, or has no principal place of business or assets in the United States but is a defendant in an action or proceeding [in a federal or state court] in this District, or the interests of the parties will be served in regard to the relief sought in this District. Certification by a Debtor Who Resides as a Tenant of Residential Property (Check all applicable boxes.) ? Landlord has a judgment against the debtor for possession of debtor's residence. (If box checked, complete the following.) _ (Name of landlord that obtained judgment) v (Address of landlord) ? Debtor claims that under applicable nonbankruptcy law, there are circumstances under which the debtor would be permitted to cure the entire monetary default that gave rise to the judgment for possession, after the judgment for possession was entered, and ? Debtor has included in this petition the deposit with the court of any rent that would become due during the 30-day period after the filing of the petition. ? Debtor certifies that he/she has served the Landlord with this certification. (11 U.S.C. § 362(1)). a 0 0 e CN C e N N U C s Case 1:12-bk-03317-RNO Doc l Filed 05/31/12 Entered 05/31/12 16:11:45 Desc Main Document Page 2 of 4 B1 Official Form 1 12/11 rage s Voluntary Petition 7 Name of Debtor(s): (This page must be completed and filed in every case) Yohe, Thomas E. Signatures Signature(s) of Debtor(s) (Individual/Joint) I declare under penalty of perjury that the information provided in this petition is true and correct. [If petitioner is an individual whose debts are primarily consumer debts and has chosen to file under Chapter 7] I am aware that I may proceed under chapter 7, 11, 12 or 13 of title 11, United States Code, understand the relief available under each such chapter, and choose to proceed under chapter 7. [If no attorney represents me and no bankruptcy petition preparer signs the petition] I have obtained and read the notice required by 11 U.S.C. § 342(b). I request relief in accordance with the chapter of title 11, United States Code, specified in this petition. X /s/ Thomas E. Yohe Signature of Debtor Thomas E. Yohe X Signature of Joint Debtor ------ - - ----..._ -----------------. -._.---- - --- - Tdephone Number (If not represented b by attorney) May 31 2012 Date - Signature of Attorney* X /s/ Lawrence G. Frank, Esquire Signature of Attorney for Debtor(s) Lawrence G. Frank, Esquire 15619 Lawrence G. Frank Thomas Long Niesen & Kennard 212 Locust Street, Suite 600 Harrisburg, PA 17101 (717) 234-7476 Fax: (717) 236-8278 lawrencefrank@earthlink.net Mav 31. 2012 Date *In a case in which § 707(b)(4)(D) applies, this signature also constitutes a certification that the attorney has no knowledge after an inquiry that the information in the schedules is incorrect. Signature of Debtor (Corporation/Partnership) I declare under penalty of perjury that the information provided in this petition is true and correct, and that I have been authorized to file this petition on behalf of the debtor. The debtor requests relief in accordance with the chapter of title 11, United States Code, specified in this petition. X Signature of Authorized Individual Printed Name of Authorized Individual Title of Authorized Individual Date Signature of a Foreign Representative I declare under penalty of perjury that the information provided in this petition is true and correct, that I am the foreign representative of a debtor in a foreign proceeding, and that I am authorized to file this petition. (Check only one box.) ? I request relief in accordance with chapter 15 of title 11, United States Code. Certified copies of the documents required by 1 I U.S.C. § 1515 are attached. ? Pursuant to 11 U.S.C. § 1511, I request relief in accordance with the chapter of title 11 specified in this petition. A certified copy of the order granting recognition of the foreign main proceedingis attached. X Signature of Foreign Representative Printed Name of Foreign Representative Date Signature of Non-Attorney Petition Preparer I declare under penalty of perjury that: 1) I am a bankruptcy petition preparer as defined in 11 U.S.C. § 110; 2) I prepared this document for compensation and have provided the debtor with a copy of this document and the notices and information required under 11 U.S.C. §§ 110(b), 110(h) and 342(b); and 3) if rules or guidelines have been promulgated pursuant to 11 U.S.C. § 110(h) setting a maximum fee for services chargeable by bankruptcy petition preparers, I have given the debtor notice of the maximum amount before preparing any document for filing for a debtor or accepting any fee from the debtor, as required in that section. Official Form 19 is attached. Printed Name and title, if any, of Bankruptcy Petition Preparer Social Security Number (If the bankruptcy petition preparer is not an individual, state the Social Security number of the officer, principal, responsible person or partner of the bankruptcy petition preparer.) (Required by l l U.S.C. § 110.) Address X Signature Date Signature of Bankruptcy Petition Preparer or officer, principal, responsible person, or partner whose social security number is provided above. Names and Social-Security numbers of all other individuals who prepared or assisted in preparing this document unless the bankruptcy petition preparer is not an individual: If more than one person prepared this document, attach additional sheets conforming to the appropriate official form for each person. A bankruptcy petition preparer's failure to comply with the provisions of title 11 and the Federal Rules of Bankruptcy Procedure may result in fines or imprisonment or both 11 U.S.C. § 110, 18 U.S.C. § 156. Case 1:12-bk-03317-RNO Doc 1 Filed 05/31/12 Entered 05/31/12 16:11:45 Desc Main Document Page 3 of 4 BID (Official Form 1, Exhibit D) (12/09) United States Bankruptcy Court Middle District of Pennsylvania IN RE: Case No. Yohe Thomas E. Chapter 13 Debtor(s) EXHIBIT D - INDIVIDUAL DEBTOR'S STATEMENT OF COMPLIANCE CREDIT COUNSELING REQUIREMENT Warning: You must be able to check truthfully one of the five statements regarding credit counseling listed below. If you cannot do so, you are not eligible to file a bankruptcy case, and the court can dismiss 'any case you do file. If that happens, you will lose whatever filing fee you paid, and your creditors will be able to resume collection activities against you. If your case is dismissed and you file another bankruptcy case later, you may be required to pay a second filing fee and you may have to take extra steps to stop creditors' collection activities. Every individual debtor must file this Exhibit D. If a joint petition is filed, each spouse must complete andfile a separate Exhibit D. Check one of the five statements below and attach any documents as directed. [f 1. Within the 180 days before the filing of my bankruptcy case, I received a briefing from a credit counseling agency approved by the United States trustee or bankruptcy administrator that outlined the opportunities for available credit counseling and assisted me in performing a related budget analysis, and I have a certificate from the agency describing the services provided to me. Attach a copy of the certificate and a copy of any debt repayment plan developed through the agency. ? 2. Within the 180 days before the filing of my bankruptcy case, I received a briefing from a credit counseling agency approved by the United States trustee or bankruptcy administrator that outlined the opportunities for available credit counseling and assisted me in performing a related budget analysis, but I do not have a certificate from the agency describing the services provided to me. You must file a copy of a certificate from the agency describing the services provided to you and a copy of any debt repayment plan developed through the agency no later than 14 days after your bankruptcy case is filed. ? 3. I certify that I requested credit counseling services from an approved agency but was unable to obtain the services during the seven days from the time I made my request, and the following exigent circumstances merit a temporary waiver of the credit counseling requirement so I can file my bankruptcy case now. [Summarize exigent circumstances here.] If your certification is satisfactory to the court, you must still obtain the credit counseling briefing within the first 30 days after you file your bankruptcy petition and promptly file a certificate from the agency that provided the counseling, together with a copy of any debt management plan developed through the agency. Failure to fulfill these requirements may result in dismissal of your case. Any extension of the 30-day deadline can be granted only for cause and is limited to a maximum of 15 days. Your case may also be dismissed if the court is not satisfied with your reasons for filing your bankruptcy case without first receiving a credit counseling briefing. ? 4. I am not required to receive a credit counseling briefing because of. [Check the applicable statement.] [Must be accompanied by a motion for determination by the court.] ? Incapacity. (Defined in 11 U.S.C. § 109(h)(4) as impaired by reason of mental illness or mental deficiency so as to be incapable of realizing and making rational decisions with respect to financial responsibilities.); ? Disability. (Defined in 11 U.S.C. § 109(h)(4) as physically impaired to the extent of being unable, after reasonable effort, to participate in a credit counseling briefing in person, by telephone, or through the Internet.); ? Active military duty in a military combat zone. ? 5. The United States trustee or bankruptcy administrator has determined that the credit counseling requirement of 11 U.S.C. § 109(h) does not apply in this district. I certify under penalty of perjury that the information provided above is true and correct. Signature of Debtor: Is/ Thomas E. Yohe Date: May 31, 2012 Case 1:12-bk-03317-RNO Doc 1 Filed 05/31/12 Entered 05/31/12 16:11:45 Desc Main Document Page 4 of 4