HomeMy WebLinkAbout04-3466JOSEPH P. ESPOSITO,
PLAINTIFF
V.
LYNNE A. ESPOSITO,
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. a('0y- 3y(c. , ," I
CIVIL ACTION - DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in
the following pages, you must take prompt action. You are warned that if you fail to do so, the case may
proceed without you and a decree of divorce or annulment may be entered against you for any other
claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights
important to you, including custody or visitation of your children.
When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you
may request marriage counseling. A list of marriage counselors is available in the Office of the
Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania, 17013.
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
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717) 249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable
accommodations available to disabled individuals having business before the Court, please contact our
office. All arrangements must be made at least 72 hours prior to any hearing of business before the
Court.
JOSEPH P. ESPOSITO,
PLAINTIFF
V.
LYNNE A. ESPOSITO,
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. G) ^/ -- ,3 4/6 6
CIVIL ACTION - DIVORCE
COMPLAINT UNDER SECTION 3301(c) OR 3301(d)
OF THE DIVORCE CODE
TO THE HONORABLE, THE JUDGES OF SAID COURT:
AND NOW, comes Plaintiff, Joseph P. Esposito, by and through his attorneys, SMIGEL,
ANDERSON & SACKS, and represents as follows:
DIVORCE UNDER SECTION 3301(c) OR 3301(d)
OF THE DIVORCE CODE
1. Plaintiff is Joseph P. Esposito, who currently resides at 1429 Apple Drive, Apt 158,
Mechanicsburg, Cumberland County, Pennsylvania and has resided there since on or about June 2004.
2. Plaintiffs Social Security No. is 184-44-6170.
3. Defendant is Lynne A. Esposito, who currently resides at 2012 Mountain Pine Drive,
Mechanicsburg, Cumberland County, Pennsylvania and has resided there since on or about January
1995.
4. Defendant's Social Security No. is 178-42-6250.
5. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least
six (6) months immediately previous to the filing of this Complaint.
6. The Plaintiff and Defendant were married on March 21, 1981, at New Cumberland,
Cumberland County, Pennsylvania.
7. There have been no prior actions of divorce or for annulment between the parties.
8. The marriage is irretrievably broken.
9. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to
request that the Court require the parties to participate in counseling.
10. Plaintiff avers that there are children of the parties under the age of 18, namely:
John Esposito and Elizabeth Esposito.
WHEREFORE, Plaintiff requests the court to enter a decree of divorce.
COUNT 11
FQTJTTART,F DISTRIBUTION
11. Plaintiff repeats and realleges the averments of paragraphs 1 through 10 which are
incorporated by reference herein.
12. Plaintiff and Defendant possess various items of both real and personal marital property
which are subject to equitable distribution by this Court.
WHEREFORE, Plaintiff requests this Court to equitably distribute the marital property after an
inventory and appraisement has been filed by the parties.
SMIGEL, ANDERSON & SACKS
Date:
By: _ e l/ XD
LeRoy Smigel, Esquire ID #09617
Ann V. Levin, Esquire ID #70259
4431 North Front Street, 3rd Fir.
Harrisburg, PA 17110-1709
(717) 234-2401
Attorneys for Plaintiff
WRIFTCATION
I verify that the statements made in the foregoing document 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
unworn falsification to authorities.
Date:do/,y 1[o,24Z4
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JOSEPH P. ESPOSITO, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. : NO. 04-3466 CIVIL
LYNNE A. ESPOSITO, CIVIL ACTION -LAW
Defendant : IN DIVORCE
NOTICE
You are hereby notified to file a written response to the enclosed Counterclaims within
twenty (20) days from service hereof or a judgment ma be entered against you.
MAX J. SMITH, J' Esquire
Attorney for DeAdant
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
JOSEPH P. ESPOSITO,
Plaintiff
VS.
LYNNE A. ESPOSITO,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 04-3466 CIVIL
CIVIL ACTION - LAW
IN DIVORCE
DEFENDANT'S ANSWER AND COUNTERCLAIMS
TO COMPLAINT IN DIVORCE
AND NOW comes the Defendant, LYNNE A. ESPOSITO, by her attorney, MAX J.
SMITH, JR., Esquire, and respectfully Answers the above-referenced Complaint in Divorce as
follows:
L-7. Admitted.
8. Denied. While the marriage of the parties may be "irretrievably broken", the
actual cause of the dissolution of the marriage is Plaintiff having committed adultery under
Section 3301(a)(2) of the Divorce Code, as well as indignities pw-suant to and 3301(a)(6) of the
Divorce Code.
9.-10. Admitted.
COUNT II
EQUITABLE DISTRIBUTION OF PROPERTY
11. Paragraphs one (1) through ten (10) are incorporated herein by reference as though
set forth in full.
12. It is admitted that the properties possess marital assets that are subject to being
equitably divided by the court at such time as a divorce decree is issued.
COUNTERCLAIM
COUNT III
ONY
ALIM
13. Paragraphs one (1) through twelve (12) are incorporated herein by reference as
though set forth in full.
14. Defendant lacks sufficient property to provide for her reasonable means and is
unable to support herself through appropriate employment.
15. Defendant requires reasonable support to adequately maintain herself in
accordance with the standard of living established during the marriage.
16. Plaintiff earns substantially more income per year than Defendant and has
substantial assets.
17. Defendant requests the Court to enter an award of reasonable temporary alimony
and additional sums as they may become necessary from time to time hereafter until final hearing
and permanently thereafter.
COUNT IV
ALIMONY PENDENTE LITE ATTORNEY FEES COSTS AND EXPENSES
18. Paragraphs one (1) through seventeen (17) are incorporated herein by reference as
though set forth in full.
19. By reason of this action, Defendant will be put to considerable expense in the
preparation of her case, in the employment of counsel and payment of costs and expenses.
20. Defendant is without sufficient means to support :herself and to meet the costs and
expenses of this litigation, and is unable to appropriately maintain herself during the pendency of
this action.
21. Defendant does not have adequate income to provide for her reasonable needs and
pay her counsel fees and the costs and expenses of this proceeding.
22. Plaintiff has adequate earnings to provide for the support of Defendant during the
pendency of this litigation and to pay her attorney fees, costs and expenses; and therefore
Defendant demands counsel fees and expenses under Section 3702 of the Divorce Code.
WHEREFORE, Defendant prays this Honorable Court to:
(a) grant Defendant's request for a divorce pursuant to eil:her Section 3301(a)(2) or
3301(a)(6) of the Pennsylvania Divorce Code;
(b) equitably divide the marital property remaining between the parties when
appropriate;
(c) order the Plaintiff to pay alimony to the Defendant;
(d) award Defendant alimony pendente lite, reasonable attorney fees, costs and expenses;
and
(e) order such further relief as the Court may determine equitable and just.
Respectfully submitted,
Date: July 27 , 2004
MAX J. SMITH, JR., E uire
I.D. No. 32114
JARAD W. HANDELMAN, Esquire
I.D. No. 82629
James, Smith, Dietterick & Connelly LLP
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
I verify that the statements made in this Answer and Counterclaim 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 unworn falsification to authorities.
LYNNE A. ESP [TO
JOSEPH P. ESPOSITO, : IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND, COUNTY, PENNSYLVANIA
VS. : NO. 04-3466 CIVIL
LYNNE A. ESPOSITO, CIVIL ACTION -LAW
Defendant IN DIVORCE
CERTIFICATE OF SERVICE
AND NOW, this ? day of July, 2004, I, MAX J. SMITH, JR., Esquire, Attorney
for Defendant, hereby certify that I have this day sent a copy of Defendant's Answer to
Complaint in Divorce by depositing a certified copy of the same in the United States mail,
postage prepaid, at Hershey, Pennsylvania, addressed to:
Smigel, Anderson & Sacks
Attn: LeRoy Smigel, Esquire
4431 North Front Street
Harrisburg, PA 17110-1709
MAX J. SMITH, JR*Esqre
I.D. No. 32114
JARAD W. HANDE,LMAN, Esquire
I.D. No. 82629
James, Smith, Dietterick & Connelly LLP
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
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JOSEPH P. ESPOSITO,
Plaintiff/Respondent
V.
LYNNE A. ESPOSITO,
Defendant/Petitioner
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 04-3466 CIVIL
CIVIL ACTION - LAW
IN DIVORCE
EMERGENCY PETITION FOR SPECIAL RELIEF
AND NOW, comes the Defendant, Lynne A. Esposito, by and through her
attorneys, James, Smith, Dietterick & Connelly, LLP, and petitions this Honorable Court
for special relief. In support thereof, Defendant avers as follows:
1. The parties were married on March 21, 1981 in New Cumberland,
Pennsylvania.
2. On or about July 16, 2004, Plaintiff initiated this divorce action by way of
Complaint pursuant to Sections 3301(c) or 3301(d) of the Divorce Code.
3. On July 28, 2004, Defendant filed an Answer with Counterclaims to
Plaintiff's Complaint.
4. The parties' marital residence located at 2012 Mountain Pine Drive,
Mechanicsburg, Pennsylvania, is subject to an Agreement of Sale, settlement having been
scheduled for December 15, 2004.
5. The parties had agreed that Defendant would vacate the marital residence
and purchase her parents' home in the Westover Development in Mechanicsburg.
6. On August 26, 2004, Defendant's counsel advised Plaintiff's counsel that
Defendant had agreed to the sale of the marital residence; however, she needed the
proceeds of sale from the marital residence to complete purchase of the home into which
she intended to relocate. A true and correct copy of Defendant's counsel's August 26,
2004 correspondence is attached hereto as Exhibit "A" and incorporated herein by
reference as if set forth in full.
7. On October 20, 2004, Defendant's counsel was informed by Plaintiff's
counsel that the marital residence had sold for the price of $646,000.00. The sale of the
residence rendered a previously drafted settlement proposal obsolete and thus a new
settlement proposal was required in order to attempt to bring the divorce to a conclusion.
A true and correct copy of a transcription of Attorney James R. Demmel's voice mail of
October 20, 2004 is attached hereto as Exhibit "B" and incorporated herein by reference
as if set forth in full.
8. On November 8, 2004, Defendant's counsel wrote to Plaintiff's counsel
and advised that, despite the assurance in Attorney Demmel's voice mail of October 20,
2004, no revised settlement proposal had yet been received. Defendant's counsel again
noted Defendant's intention to vacate the marital home and the fact that she would be
purchasing her parents' home, a purchase that was contingent upon receipt of the entire
proceeds of sale of the marital residence. A true and correct copy of Defendant's
counsel's November 8, 2004 correspondence is attached hereto as Exhibit "C" and
incorporated herein by reference as if set forth in full.
9. On November 19, 2004, Plaintiff's counsel advised Defendant's counsel
that the settlement on the marital residence was scheduled for December 15, 2004.
Counsel's correspondence acknowledged that Plaintiff was aware that Defendant "wants
to purchase her father's home, the price of which I believe is approximately $300,000.
As part of an overall settlement, [Plaintiff] will agree to have [Defendant] use the net
proceeds from the sale of the marital home to buy her father's house. These proceeds
will be part of the equitable distribution to [Defendant]." A true and correct copy of
Defendant's counsel's November 19, 2004 correspondence is attached hereto as Exhibit
"D" and incorporated herein by reference as if set forth in full.
10. On November 22, 2004, Defendant's counsel wrote to Plaintiff's counsel
and advised that an indispensable component of the comprehensive settlement agreement,
specifically Defendant's claim for indefinite alimony, was omitted from the settlement
proposal and thus no settlement could be reached as proposed by Plaintiff. A true and
correct copy of Defendant's counsel's November 22, 2004 correspondence is attached
hereto as Exhibit "E" and incorporated herein by reference as if set forth in full.
11. In addition, Defendant's counsel advised Plaintiff's counsel on November
22, 2004 that the impending settlement on the marital residence was of imminent concern
and requested Plaintiff s agreement to permit Defendant to utilize the proceeds of the
marital residence to purchase her father's home, regardless of whether a settlement had
been reached. See Exhibit "E".
12. Following Defendant's counsel's letter, Plaintiff's counsel made it clear
that Plaintiff would not agree to any distribution of the proceeds of the marital residence
to Defendant without her agreement to a comprehensive settlement of the case as he had
proposed.
13. Defendant's purchase of the home she intends to buy is jeopardized by
Plaintiff's refusal to distribute the proceeds of sale of the marital residence to her,
particularly in light of Defendant's inability to qualify for mortgage financing because
she has no income and is not employed.
14. Defendant has agreed that the distribution of the net proceeds of sale of
the marital residence to her will count as a credit against her eventual share of the
equitable distribution of marital property in the parties' divorce.
15. Plaintiff has no need for the proceeds of sale of the marital residence and
is withholding his consent to distribution of such proceeds to Defendant merely to
frustrate her efforts to secure housing and to "strong-arm" her into agreeing to a divorce
settlement which is inequitable.
16. The net marital assets subject to equitable distribution according to
Plaintiff's calculations, including the proceeds of sale of the marital residence, are
$1,171,486.82. See Plaintiff's marital asset calculations attached hereto as Exhibit "F"
and incorporated herein by reference as of set forth in full.
17. Were the marital assets to be distributed in equal proportion between the
parties, Defendant's share of the marital assets, pursuant to said calculations, would be
$585,743.41. See Exhibit "F"
18. Distribution of the net proceeds of the sale of the marital residence to
Defendant would result in a substantial credit against the marital assets to be distributed
to Defendant in the overall equitable distribution; however, according to Plaintiff's own
calculations, Defendant would still be owed in excess of $250,000.00 above the proceeds
of sale of the marital residence in order to accomplish a 50150 division of the marital
assets. See Exhibit "F".
19. Defendant has made a claim for a disproportionate share of the marital
assets and may be entitled to more than 50% of the marital estate, pursuant to the factors
listed in §3502 of the Pennsylvania Divorce Code.
20. Plaintiff is not prejudiced in any manner by the distribution of the
proceeds of sale of the marital residence to Defendant, as there are more than sufficient
marital assets remaining to accomplish an equitable division of the marital estate.
21. This Honorable Court has broad equitable powers to effectuate economic
justice and as such is empowered to order the distribution of the net proceeds of the
marital residence to Defendant as requested herein with appropriate credit against any
further equitable distribution Defendant would be entitled to receive.
22. Moreover, Senate Bill 95, signed into law on November 30, 2004 and
effective in sixty (60) days from the date of signing, amends the Divorce Code
specifically to permit interim partial distributions or assignments of marital property such
as that requested herein by Defendant. The amendments in Senate Bill 95 are effective as
to all equitable distribution proceedings irrespective of whether the proceeding was
commenced before, on or after the effective date of the amendments.
WHEREFORE, Defendant, Lynne A. Esposito, respectfully requests that this
Honorable Court award the entire net proceeds of the sale of the marital residence located
at 2012 Mountain Pine Drive, Mechanicsburg, Pennsylvania to Defendant, and further
that she shall be credited with the amount of said proceeds in the eventual overall
equitable distribution in the pending divorce action.
Respectfully submitted,
JAMES, S TH, DIETTERICK & CONNELLY, LLP
Date: December 7, 2004
MAX J. SMITH, JR., QUIRE
I.D. No. 32114
JARAD W. HANDELMAN, ESQUIRE
I.D. No. 82629
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
Attorneys for Defendant/Petitioner, Lynne A. Esposito
JAMES SMITH Dl>?TrEJ21cK & CONNELLY LLP
Max J. Smith, Jr.
Email: mjsfibisdc.com
FAX 717.533.2745
August 26, 2004
Smigel, Anderson & Sacks
Attn: LeRoy Smigel, Esquire
4431 North Front Street
Harrisburg, PA 17110-1709
In re: Esposito v. Esposito
No. 04-3466 Civil
In Divorce
Dear Lee:
In my letter to you dated August 4, 2004, I had expressed concern about interim financial
arrangements, as Lynne was having difficulty convincing Joe of the amount that is required
on a monthly basis to meet expenses. Unfortunately, since that date Lynne has not been
successful in her ongoing conversations with Joe about the money that is needed to pay such
expenses.
Thank you for forwarding a copy of the 2003 joint Federal Income Tax Return. We also look
forward to receiving the responses to Interrogatories, which you indicated would be
forthcoming shortly. A support guideline computation for wife and two children is in the
range of $5,500 per month, and I have enclosed a copy of my computation for your review.
As you know, Joe continues to pay about $4,000 per month, which is significantly less than
the guidelines suggest.
Lynne is willing to list the marital home for sale, and needs the proceeds of sale to purchase
her parents residence in the Westover development. It is assumed that the parties will
execute a listing agreement shortly, and that they shall be guided by their realtor in
determining all aspects of the sale. In the meantime, we ask that Joe pay monthly support of
55,000, plus the mortgage payment of $1,700 per month. Such payments shall be on an
interim basis only, until settlement of the house occurs, after which he shall pay guideline
support, unless we have reached a comprehensive settlement agreement by that time.
I assure you that Lynne has no intention of prolonging these proceedings, and as soon as I am
confident that the marital assets have been properly identified and valued, we shall submit a
proposal for your review. However, in the meantime we need your client's cooperation in
making sure that the bills are paid and the children and Lynne are sufficiently provided for.
Surelv, Joe knows what the expenses are, and that what is being requested herein is not in
any way meant to gauge him and only to resolve economic issues on a temporary basis until
the house has been sold.
P.0 BOX 650
HERSHEY, PA 17033
Ccuiiu Address
SIPE AVENUE
HUMMELSTOWN. PA 1703F,
TEL 717.533 3280
WV4W.JSU-'.COM
GARY L JAMES
MAX J SMITH. JR.
JOHN J. CONNELLY, JR
SCOTT A. DIETTERICK
JAMES F SPADE
MATTHEW CHABAL, III
GREGORY K. RICHARDS
SUSAN M. KADEL
JARAD W. HANDELMAN
DONNA M. MULLIN
EDWARD P. SEEBER
(VEIL W YAHN
COURTNEY L KISHEL
KIMBERLY A. DEW T-i
OF COUNSEL:
MANLEY DEAS &
KOCHALSKI, LLC
COLUMBUS, OH
BERNARD A RYAN, JR.
HERSHEY, PA
LeRoy Smigel,
August 26, 2004
Page 2 of 2
We do not want this to become a situation in which Lynne files for spousal and child support
through DRO and obtains a court Order, but is still unable to pay the house-related bills that
are the parties' joint responsibility. That will only lead to the bills not being paid, and both
of our clients' credit being impaired.
Please allow me to hear from you at your earliest opportunity regarding our request. Thank
you for your attention.
Very truly yours,
JAMES, SMITH, DIETTERICK & CONNELLY LLP
Max J. Smith, Jr.
MJS,Jr.:ams
Enclosure
cc: Lynne A. Esposito
Jim Demmel re: Esposito
234-2401
October 20, 2004
Lee and I talked to Dr. Esposito yesterday afternoon. He said the house had sold in one day, the
sale price apparently was $646,000; they had listed it at $650,000. I also just had a copy of your
letter to Lee dated yesterday arrive on my desk. Wanted to let you know if you weren't already
aware, that the house had sold, and we had a draft of a settlement proposal that now is obsolete
since the house has sold, because it included some provisions for, ya know, if it doesn't sell in
time and all that kind of stuff. So, I will be revising that and getting it out to you probably the
beginning of next week. I can't tell you it'll go out this week, but it should be the beginning of
next week and hopefully we can get the whole thing resolved; settlement on the house is
supposed to be December 15. Hopefully we can resolve the whole thing by that time and she can
buy her dad's house and you can call me back if you want to discuss it, you don't...
JAMES SMITH DIErrmcK & CONNELLY LLP
Max J. Smith, Jr.
Email: mis n,jsdc.com
FAX 717.533.2795
P.O. BOX 650
HERSHEY, PA 17033
Courser Address
134 SIPE AVENUE
HUMMELSTOWN, PA 17036
TEL. 717 533 3280
November 8, 2004 WWW.JSOC.COM
FAX TRANSMISSION
Smigel, Anderson & Sacks
Attn: James R. Demmel, Esquire
4431 North Front Street
Harrisburg, PA 17110-1709
re: Esposito v
Esposito GARY L JAMES
.
No. 04-3466 Civil MAX J. SMITH, JR.
JOHN J. CONNELLY, JR.
In Divorce SCOTT A. DIETTERICK
JAMES F. SPADE
MATTHEW CHABAL, III
GREGORY K. RICHARDS
Dear Jim. SUSAN M. KADEL
JARAD W. HANDELMAN
DONNA M. MULLIN
In your voice mail to me dated October 20, 2004, ou indicated that you would be revisin
7 f y Y g EDWARD P. SEEBER
NEIL W. YARN
your client's settlement proposal and would be sending it to me during the week of October
25. I have not received it to date. COURTNEY L. KISHEL
KIMBERLY A. DEWITT
OF COUNSEL:
MANLEY IDEAS &
Meanwhile I believe you know that Lynn is set to vacate the marital home on December 13
> >
COLUM U LLC
KOCHALSKI
COLUMBUS, OH
and will move into her father's home. As you might expect, she needs to arrange financing BERNARD A. RYAN, JR.
of the purchase of that house, and time is becoming critical. HERSHEY, PA
Please allow me to hear from you at your very earliest opportunity. Thank you.
Very truly yours,
JAMES, SMITH, DIETTERICK & CONNELLY LLP
Max J. Smith, Jr.
MJS,Jr.:ams
cc: Lynne A. Esposito
SMIGEL, ANDERSON
& SACKS LLP
ATTORNEYS AT LAW
November 19, 2004
TRANSMITTED VIA FACSIMILE- 717-533-2795
Max J. Smith, Jr., Esquire
James, Smith, Dietterick & Connelly, LLP
P.O. Box 650
Hershey, PA 17033
Re: Esposito
Dear Max:
LEROY SMIGEL, ESQUIRE
PHONE: (717) 234-2401
TOLL FREE: 1-800-822-9757
FACSIMILE (717) 234-3611
EMAIL: Ismigel@sasllp.com
www.sasilp.com
File No.
7731-1-4
Dr. and Mrs. Esposito have entered into an Agreement of Sale for the marital home. The
sale price is $646,000 and settlement is scheduled for December 15, 2004. The estimated
settlement costs are $46,000. Dr. Esposito hopes that the parties can reach a comprehensive
settlement agreement regarding the divorce and surrounding economic issues prior to the date of
the real estate settlement. He understands that Mrs. Esposito wants to purchase her father's
home, the price of which I believe is approximately $300,000. As part of an overall settlement,
Dr. Esposito will agree to have Mrs. Esposito use the net proceeds from the sale of the marital
home to buy her father's house. These proceeds will be part of the equitable distribution to Mrs.
Esposito. Dr. Esposito will receive $20,00 from the excess proceeds and Mrs. Esposito will keep
the remaining proceeds. If the parties have not reached a settlement by December 15, 2004, the
proceeds will need to go into a joint escrow account.
I have enclosed a copy of the Amended Partnership Agreement for SusqueProperties with
the hard copy of this letter. As you will observe when you review the Agreement, Dr. Esposito's
interest in the partnership is valued as one-ninth of the net value for the entire partnership. At
this time I believe the net value of the partnership is near zero since the liabilities are
approximately equal to the assets. I have also enclosed the balance sheets and lease agreement
for the partnership. We can provide more accurate information regarding the value of his
interest, if necessary, after consulting with the accountant for the partnership.
You also indicated some concern about the value of Dr. Esposito's interest in the
Heritage Medical Group. I have enclosed a copy of the Partnership Agreement for Heritage
4431 North Front Street, Harrisburg, Pennsvlvania 17110-1778
A PENNSYLVANIA LIMITED LIABILITY PARTNERSHIP
Max J. Smith, Jr., Esquire
Page 2
November 17, 2004
Medical Group for your review. The only value of Dr. Esposito's interest in the Heritage
Medical Group is his income distributions, which distributions are his actual income from the
practice. Heritage Medical Group has no value as an asset.
In an effort to reach a fair and amicable settlement of economic issues, Dr. Esposito is
making the following settlement proposal. The parties will divide the marital assets 50150. The
parties have already decided how the personal property will be distributed and I have included
that division on the enclosed proposed distribution spreadsheet. Dr. Esposito recently learned of
a second 401(k) account through Invesmart. I have enclosed an account statement and included
that account on the enclosed spreadsheet.
Dr. Esposito is willing to make up the difference in the division of assets by transferring
funds from his IRA to Mrs. Esposito's IRA. I believe this would be beneficial to Mrs. Esposito
since it would provide a significant retirement benefit for her. The parties have already divided
the Fidelity brokerage account, as reflected on the enclosed spreadsheet. Mrs. Esposito has
borrowed approximately $20,000 on the home equity line of credit since separation. I have
included that post-separation debt, which will be satisfied when the marital home is sold, on the
enclosed spreadsheet as an advance to Mrs. Esposito for equitable distribution. Obviously, the
final amount of equity from the marital home will be determined as of the time of the real estate
settlement.
Dr. Esposito has made numerous payments to or on behalf of Mrs. Esposito for which he
could seek credit in equitable distribution. At this point, he is willing to effectuate the equitable
distribution according to the enclosed spreadsheet as an act of good faith, without seeking credit
for those additional payments.
Dr. Esposito will pay monthly family support to Mrs. Esposito in the amount of $4,000
for a period of five (5) years. The entire amount paid will be taxable as income to Mrs. Esposito
and deductible from Dr. Esposito's income. The five years will cover the time for the parties'
youngest child to graduate from high school, plus two additional years for Mrs. Esposito to
become financially independent. Dr. Esposito will claim the exemptions for the parties' children
on his tax return.
Please review this proposal with your client and respond to me at your earliest
convenience.
Sincerely,
LeRoy Smigel
LRS:vlf
Enclosures
JAMES SMITH DmTrmicl< & CONNELLY up
Max J. Smith, Jr.
Email: misrjsdc.eom
FAX 717.533.2795
November 22, 2004
Smigel, Anderson & Sacks
Attn: LeRoy Smigel, Esquire
4431 North Front Street
Harrisburg, PA 17110-1709
In re: Esposito v. Esposito
No. 04-3466 Civil
In Divorce
Dear Lee:
I briefly reviewed your letter dated November 19, 2004, and have transmitted a copy of same
to my client. I can tell you that it is far from acceptable, but will be in touch with you after
discussion with my client and further review of the documents that were supplied with your
letter.
In my past discussions with you and in my letter to you dated October 1, 2004, I mentioned
that indefinite alimony is an indispensable component of a comprehensive agreement. That
statement was not posturing, and we will continue to insist upon that provision in any
agreement. Moreover, under the circumstances we do not believe that an equal division of
assets is appropriate.
Of imminent concern, of course, is the upcoming settlement of the marital home and Lynne's
purchase of her father's house. Regardless of whether we have a comprehensive agreement
by December 15, we need to know that the sale proceeds will be available for Lynne to use.
You indicate instead that the funds must be escrowed if there is not an overall agreement.
Please reconsider. Otherwise, I expect that we will need to petition the court for special
relief.
Thank you for your attention.
Very truly yours,
JAMES, SMITH, DIETTERICK & CONNELLY LLP
Max J. Smith, Jr.
MJS,Jr.: ams
cc: Lynne A. Esposito
P 0. BOX 650
HERSHEY, PA 17033
Courier Address:
134 SIPE AVENUE
HUMMELSTOWN. P4 17036
TEL. 717 533 3280
WVWV.JSDC.COM
GARY L. JAMES
MAX J. SMITH, JR.
JOHN J. CONNELLY, JR.
SCOTT A. DIETTERICK
JAMES F. SPADE
MATTHEW CHABAL, III
GREGORY K. RICHARDS
SUSAN M. KADEL
JARAD W. HANDELMAN
DONNA M. MULLIN
EDWARD P. SEEBER
NEIL W. YAHN
COURTNEY L. KISHEL
KIMBERLY A. DEWITT
OF COUNSEL:
MANLEY DEAs &
KOCHALSKI, LLC
COLUMBUS, OH
BERNARD A. RYAN, JR.
HERSHEY, PA
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JOSEPH P. ESPOSITO,
Plaintiff/Respondent
VS.
LYNNE A. ESPOSITO,
Defendant/Petitioner
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 04-3466 CIVIL
CIVIL ACTION -LAW
IN DIVORCE
CERTIFICATE OF SERVICE
AND NOW, this 7th day of December, 2004, I, MAX J. SMITH, JR., Esquire, Attorney
for Defendant/Petitioner, hereby certify that I have this day faxed a copy of Emergency Petition
for Special Relief and by depositing a certified copy of the same in the United States mail, post-
age prepaid, at Hershey, Pennsylvania, addressed to:
Smigel, Anderson & Sacks
Attn: LeRoy Smigel, Esquire
4431 North Front Street
Harrisburg, PA 17110-1709
I.D. No. 32114
JARAD W. HANDELMAN, Esquire
I.D. No. 82629
James, Smith, Dietterick & Connelly LLP
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
MAX J. SMITH, JR., E uire
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C'4
JOSEPH P. ESPOSITO, IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
LYNN A. ESPOSITO,
DEFENDANT 04-3466 CIVIL TERM
ORDER OF COURT
AND NOW, this I !A day of December, 2004, following a hearing on
a petition for special relief, IT IS ORDERED:
(1) The net proceeds from the sale of the marital home now scheduled for
December 15, 2004, shall, at settlement, be distributed two-thirds to wife and one-third
to husband.
(2) These distributions of cash to both wife and husband are an advance of the
ultimate distribution of marital property to each of them.
(3) These advances shall not prejudice either party's claim to a percentage of
the distribution of marital property that shall ultimately be determip.ed-:
By the.0burt,
?F
Edgar-11. Bayley, J.
Roy Smigel, Esquire
For Plaintiff
v,-Max J. Smith, Jr., Esquire
For Defendant
sal
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7 {. 'f r 1 fY066 71
JOSEPH P. ESPOSITO, IN THE COURT OF COMMON PLEAS
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 04-3466 CIVIL
LYNNE A. ESPOSITO, :
DEFENDANT CIVIL ACTION -DIVORCE
I, James R. Demmel, Esquire, counsel for Plaintiff in the above-captioned matter, do
hereby certify that I served an original and one (1) copy of the foregoing Plaintiff's
Interrogatories to Defendant on counsel for Defendant by depositing same in the U.S. Mail, first
class, postage prepaid, on the '5 day of June, 2005, addressed as follows:
MAX J. SMITH, JR., ESQUIRE
JAMES, SMITH, DIETTERICK & CONNELLY
P.O. BOX 650
HERSHEY, PA 17033
SMIGEL, ANDERSON & SACKS, LLP
oy Smigel, Esquire I.D. #: 09617
James R. Demmel, Esquire I.D. #: 90918
4431 North Front Street
Harrisburg, PA 17110
(717) 234-2401
Attorneys for Plaintiff
By:
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JOSEPH P. ESPOSITO, IN THE COURT OF COMMON PLEAS
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 04-3466 CIVIL
LYNNE A. ESPOSITO,
DEFENDANT CIVIL ACTION -DIVORCE
I, James R. Demmel, Esquire, counsel for Plaintiff in the above-captioned matter, do
hereby certify that I served an original and one (1) copy of the foregoing Plaintiff's First Request
for Production of Documents on counsel for Defendant by depositing same in the U.S. Mail, first
class, postage prepaid, on the 3 day of June, 2005, addressed as follows:
MAX J. SMITH, JR., ESQUIRE
JAMES, SMITH, DIETTERICK & CONNELLY
P.O. BOX 650
HERSHEY, PA 17033
SMIGEL, ANDERSON & SACKS, LLP
By: Wid
LeRoy SmigeUEsquire j.IS. #: 09617
James R. Demmel, Esquire I.D. #: 90918
4431 North Front Street
Harrisburg, PA 17110
(717) 234-2401
Attorneys for Plaintiff
c.. C-n
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/A V UsmmONovember 21, 2005 240 1'M
JOSEPH P. ESPOSITO,
PLAINTIFF
V.
LYNNE A. ESPOSITO,
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 04-3466 CIVIL
CIVIL ACTION - DIVORCE
MOTION FOR APPOINTMENT OF MASTER
Joseph P. Esposito, Plaintiff, moves the court to appoint a master with respect to the
following claims:
(X) Divorce (X) Distribution of Property
( ) Annulment ( ) Support
(X) Alimony (X) Counsel Fees
(X) Alimony Pendente Lite (X) Costs and Expenses
and in support of the motion states:
1. Discovery is complete as to the claims for which the appointment of a master is
requested.
2. The non-moving party has appeared in the action by her attorney, Max J. Smith, Jr.,
Esquire.
3. The statutory ground(s) for divorce are 3301(c) and 3301(d).
4. The action is contested with respect to the following claims: divorce, alimony,
alimony pendente lite, distribution of property, and counsel fees, costs and expenses.
5. The action does not involve complex issues of law or fact.
6. The hearing is expected to take I day.
ii 7731-1-4
7. Additional information, if any, relevant to the motion: None.
Date: ?I- zz - o
SMIGEL, ANDERSON & SACKS, LLP
By:
eR y LSmipEsquire LD. #09617
Ann V. Levin, Esquire I.D. #70259
4431 North Front Street
Harrisburg, PA 17110-1709
-2401
for Plaintiff
7731-1-4
JOSEPH P. ESPOSITO,
PLAINTIFF
V.
LYNNE A. ESPOSITO,
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 04-3466 CIVIL
CIVIL ACTION - DIVORCE
CERTIFICATE OF SERVICE
I, Ann V. Levin, Esquire, counsel for Plaintiff in the above-captioned matter, do hereby
certify that I served and true and correct copy of the foregoing Income and Expense Statement of
Plaintiff Joseph P. Esposito on counsel for the Defendant by placing same in the U.S. Mail, first
class, postage paid on the ?), I_ day of November, 2005 addressed as follows:
Max J. Smith, Jr., Esquire
James, Smith, Dietterick & Connelly
P.O. Box 650
Hershey, PA 17033
SMIGEL, ANDERSON & SACKS, LLP
LeRdy Smigel, Esquire I.D. #: 09617
Ann V. Levin, Esquire I.D. #: 70259
4431 North Front Street
Harrisburg, PA 17110
(717) 234-2401
Attorneys for Plaintiff
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JOSEPH P. ESPOSITO, IN THE COURT OF COMMON PLEAS
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
v. NO. 04-3466 CIVIL
LYNNE A. ESPOSITO,
DEFENDANT CIVIL ACTION - DIVORCE
INVENTORY OF PLAINTIFF
JOSEPH P. ESPOSITO
ASSETS OF PARTIES
Plaintiff marks on the list below those items applicable to the case at bar and itemizes the
assets on the following pages.
O L Real property
(X) 2. Motor vehicles
(X) 3. Stocks, bonds, securities and options
O 4. Certificates of deposit
(X) 5. Checking accounts, cash
(X) 6. Savings accounts, money market and savings certificates
O 7. Contents of safe deposit boxes
O 8. Trusts
(X) 9. Life Insurance policies (indicate face value and current beneficiaries
O 10. Annuities
O 11. Gifts
O 12. Inheritances
O 13. Patents, copyrights, inventions, royalties
O 14. Personal property outside the home
(X) 15. Businesses (list all owners, including percentage of ownership, and officer/director
positions held by a party with company.)
O 16. Employment termination benefits - severance pay, workman's compensation
claim/award
O 17. Profit sharing plans
O 18. Pension plans (indicate employee contribution and date plan vests)
(X) 19. Retirement plans, Individual Retirement Accounts
O 20. Disability payments
O 21. Litigation claims (matured and unmatured)
O 22. Military/V.A. benefits
O 23. Education benefits
O 24. Debts due, including loans, mortgages held
(X) 25. Household furnishings and personalty (include as a total category and attach itemized
list if distribution of such assets is in dispute
O 26. Other
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LIABILITIES OF PARTIES
Plaintiff marks on the list below those items applicable to the case at bar and itemizes the
liabilities on the following pages
SECURED
O L Mortgages
() 2. Judgments
O 3. Liens
O 4. Other secured liabilities
UNSECURED
O 5. Credit card balances
O 6. Purchases
O 7. Loan payments
O 8. Notes payable
O 9. Other unsecured liabilities
CONTINGENT OR DEFERRED
O 10. Contracts or Agreements
O 11. Promissory notes
(X) 12. Lawsuits
O 13. Options
O 14. Taxes
O 15. Other contingent or deferred liabilities
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I verify that the statements made in the foregoing document are true and correct. I understand
that false statements herein are made subject to the penalties of IS Pa.C.S. Section 4904, relating to
unsworn falsification to authorities.
Date:
iJose? .Esposito
JOSEPH P. ESPOSITO, IN THE COURT OF COMMON PLEAS
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 04-3466 CIVIL
LYNNE A. ESPOSITO,
DEFENDANT CIVIL ACTION - DIVORCE
CERTIFICATE OF SERVICE
I, James R. Demmel, Esquire, counsel for Plaintiff in the above-captioned matter, do hereby
certify that I served and true and correct copy of the foregoing Inventory of Plaintiff Joseph P. Esposito
on counsel for the Defendant by placing same in the U.S. Mail, first class, postage paid on the
day of November, 2005 addressed as follows:
Max J. Smith, Jr., Esquire
James, Smith, Dietterick & Connelly
P.O. Box 650
Hershey, PA 17033
SMIGEL, ANDERSON & SACKS, LLP
By: 'L_ -, 0 ZL)
LeR Smigel, Esquire I.D. #: 09617
James R. Dc=el, Esquire Ld. #: 90918
4431 North Front Street
Harrisburg, PA 17110
(717) 234-2401
Attorneys for Plaintiff
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JOSEPH P. ESPOSITO,
PLAINTIFF
v.
LYNNE A. ESPOSITO,
DEFENDANT
IN THE COURT 01, COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 04-3466 CIVIL.
CIVIL ACTION - DIVORCE
INCOME AND EXPENSE STATEMENT
OF PLAINTIFF JOSEPH P. ESPOSITO
INCOME STATEMENT OF
JOSEPH P. ESPOSITO
Heritage Medical Group, LLP
Type of Work: Surgeon
Pay Period: Bi-weekly
Gross Pay per period $6,825
2. Susque Properties
(Approximate) Gross Pay per year $5,000
3. Capital Blue Cross Medical Advisory Board
Varies; not permanent
(Approximate) Gross Pay per year $5,800
EXPENSES
?I
Item Weekly Monthly Yearly
--- --? it -- - -
HOME
Mortgage - $ 361.73 $ 1,567.50 $ ] 8,810.00
Maintenance $ 21.88 $ 94.83 S 1,138.00
Electricity, Gas S
Cable & Internet ISP $
Telephone $
Water -- --- I $
Sewer, Trash $
EMPLOYMENT
Lunches $
TAXES
Self-Employment, Federal Income Tax $
Pennsylvania Income Tax $
Local Income Tax $
Real Estate, Personal Property Taxes- - ?$
INSURANCE
Homeowners Insurance $
Automobile Insurance $
Life Insurance $
Accident Insurance $
Health Insurance (family) $
AUTOMOBILE
Automobile Fuel $
Automobile Repairs $
MEDICAL
Doctor, Dentist $
PERSONAL
53.65 S 232.50 $ 2,790.00
13.62 $ 59.00 $ 708.00
21.35 $ 92.50 $ 1,110.00
4.31 $ 18.67 $ 224.00
7.19 $ 31.17 $ 374.00
18.85 $ 8167 $ 980.00
1,263.07 $
,473
-.5,473.
33
33-
S
65,680
.00
156.15 $ 676. 66 $ 8,120. 00
49.61 $ 215 00 $ 2,580 .00
92.85 $
- 402. 33 $ 4,828. 00
12 .52 $ 54. 25 $ 651. 00
15 .08 $ 65. 33 $ 784. 00
13 .65 $ 59. 17 $ 710. 00
80. 83 $ 345. 33 $ 4,144. 00
61. 92 $ 1,135 00 S 13,620. 00
40. 21 $ 174. 25 $ 2,091. 00
66. 87 S 289. 75 $ 3,477. 00
$ 67 67 S 812.00
$ 50.75 $ 609.00
$ 208.33 $ 2,500.00
undry/Dry Cleaning $ 5.83 $ 25.25 $ 303.00
od $ 62.31 $ 270.00 $ 3,240.00
rber/Hairdresser 1 $ 2.04 $ 8.83 $ 106.00
SCELLANEOUS
)ers/Books/Magazines $ 3.92 $ 17.00 $ 204.00
ertainment $ 16.48 $ 71.42 I S 857.00
ations $ 96.15 $ 416.67 $ 5,000.00
Is S 56.54 S 245.00 $ 2,940.00
Accounting Fees $ 12.60 $ 54.58 $ 655.00
Church & Charitable Contributions $ 44.92 $ 194.67 $ 2,336.00
Spousal & Child Support $ 1,269.23 $ .5,500.00 S 66,000.00
Business Expenses $ 84.46 $ 366.00 $ 4,392.00
Dining Expenses $ 54.06 $ 234.25 $ 2,811.00
Furniture $ 144.23 $ 625.00 $ 7,500.00
Household $ 152.60 $ 661.25 $ 7,935.00
Legal Fees $ 961.54 $ 4,166.67 $ 50,000.00
Miscellaneous $ 36.06 $ 156.25 S 1,875.00
Total Expenses $ 5,633.72 $ 24,407.83 $ 292,894.00
VERIFICATION
I, Joseph P. Esposito, verify that the statements contained in the foregoing pleading are
true and correct to the best of my knowledge, information and belief. I understand that false
statements therein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn
falsification to authorities.
Date: 5 O(9
JOSEPH P. ESPOSITO, IN THE COURT OF COMMON PLEAS
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 04-3466 CIVIL,
LYNNE A. ESPOSITO,
DEFENDANT CIVIL ACTION - DIVORCE
CERTIFICATE OF SERVICE
I, Ann V. Levin, Esquire, counsel for Plaintiff in the above-captioned matter, do hereby
certify that I served and true and correct copy of the foregoing Income and Expense Statement of
Plaintiff Joseph P. Esposito on counsel for the Defendant by placing .same in the U.S. Mail, first
class, postage paid on the S day of January, 2006 addressed as follows:
Max J. Smith, Jr., Esquire
James, Smith, Dietterick & Connelly
P.O. Box 650
Hershey, PA 17033
SMIGEL, ANDERSON & SACKS, LLP
BY ? U'/ Z::??
?
LeRoy Smigel, Esquire I.D. 09617
Ann V. Lewin, Esquire I.D. 70259
4431 North Front Street
Harrisburg, PA 17110
(717) 234-2401
Attorneys ]or Plaintiff
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Li, ^:
7731-1-4
JOSEPH P. ESPOSITO,
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
LYNNE A. ESPOSITO,
DEFENDANT
NO. 04-3466 CIVIL
CIVIL ACTION - DIVORCE
ORDER APPOINTING MASTER
AND NOW, (/ ?3 20Z)4 L', )JZ,"C "
Esquire, is appointed master with respect to the following claims: divorce, distribution of
property, alimony, alimony pendente lite, counsel fees, costs and expenses.
i
MOVING PARTY
Joseph P. Esposito
Smigel, Anderson & Sacks, LLP
LeRoy Smigel, Esquire I.D. # 09617
Ann V. Levin, Esquire I.D. # 70259
4431 North Front Street
Harrisburg, PA 17110
(717) 234-2401
1sini(qel(a)sasllp.com
a1evin(d&1 ll P? aom
Attorneys for Plaintiff
NON-MOVING PARTY
Lynne A. Esposito
James, Smith, Dietterick & Connelly
Max J. Smith, Jr., Esquire
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
Attorney for Defendant
PE
7731-1-4/Plf's Petition to Bifurcate/AVUmej 10/25/2006 2:25:26 PM
14
SMIGEL, ANDERSON & SACKS, LLP
LeRoy Smigel, Esquire ID# 09617
Ann V. Levin, Esquire ID# 70259
4431 North Front Street, 3rd FIT.
Harrisburg, PA 17110-1778
(717) 234-2401
]smigelti !saslip.om
alev in (ii sas l lp.com
Attorneys for Plaintiff
JOSEPH P. ESPOSITO,
PLAINTIFF
V.
LYNNE A. ESPOSITO,
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 04-3466 CIVIL
CIVIL ACTION - DIVORCE
PLAINTIFF'S PETITION FOR BIFURCATION
AND NOW COMES, Plaintiff, Joseph P. Esposito, by and through his attorneys, Smigel,
Anderson, & Sacks, LLP, and moves the court to bifurcate these proceedings and enter a final decree
in divorce, based upon the following:
1. The Petitioner herein is the Plaintiff, Joseph P. Esposito.
2. The Respondent herein is the Defendant, Lynne A. Esposito.
3. The parties have been separated for more than two years and a divorce complaint was
filed by Plaintiff on July 19, 2004.
4. The marriage is irretrievably broken, as evidenced by the separation of the parties.
7731-14/Plf's Petition to Bifurcate/AVUmej 10/25/2006 2:25:26 PM
5. There are economic issues pending in this case and the Plaintiff moved for the
appointment of the divorce master on or about November 21, 2005. Defendant is not willing to
move forward with the master's hearing pending the completion of a business valuation which has
not yet occurred.
6. The pending economic issues and Defendant's position with regard to those economic
issues will not be adversely affected by a bifurcation of these proceedings and the entry of a final
decree in divorce at this time.
7. All economic issues can be preserved by an Order of this Court.
8. Neither party will be prejudiced by the bifurcation of these proceedings and the entry
of a final decree in divorce at this time provided the economic issues are reserved for later
determination.
9. Petitioner believes and therefore avers that the advantages of bifurcation in this
divorce action are substantially greater than any potential disadvantages for the following reasons:
a. A speedy resolution of the divorce claim will allow the parties to restructure
their personal lives after a separation of over two years;
b. The litigation between the parties will be simplified and the stress minimized
by the granting of the bifurcation in these circumstances;
C. Bifurcation of this divorce action will assure that each party's personal life is
not held hostage to economic claims; and
d. Bifurcation will in no way prejudice, diminish or impair Respondent's
economic circumstances or claims under the Divorce Code.
7731-14/Plf's Petition to Bifurcate/AVUmej 10/25/2006 2:25:26 PM
WHEREFORE, Petitioner respectfully requests that this Court bifurcate these proceedings
and enter a final decree in divorce, reserving the economic issues which have been raised to be
decided at a later date if the parties cannot resolve them by agreement.
Respectfully Submitted,
SMIGEL, ANDERSON & SACKS, LLP
.'L
By:
LeRoy Smigel, Esquire I.D.#: 09617
Ann V. Levin, Esquire I.D.#: 70259
4431 North Front Street
Harrisburg, PA 17110
(717) 234-2401
Attorneys for Plaintiff
VERIFICATION
I, Joseph P. Esposito, verify that the statements contained in the foregoing pleading are true and
correct to the best of my knowledge, information and belief. I understand that false statements therein
are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities.
Date: V 5?CA
o e h . Esposito
7731-1-4/Plf's Petition to Bifurcate/AVUmej 10/25/2006 2:25:26 PM
1
SMIGEL, ANDERSON & SACKS, LLP
LeRoy Smigel, Esquire ID# 09617
Ann V. Levin, Esquire ID# 70259
4431 North Front Street, 3'd Flr.
Harrisburg, PA 17110-1778
(717) 234-2401
Ismi ge1(ti)sasllp.ccnn
Wg jii.;',u!sasll.p:ccmi
Attorneys for Plaintiff
JOSEPH P. ESPOSITO,
PLAINTIFF
V.
LYNNE A. ESPOSITO,
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 04-3466 CIVIL
: CIVIL ACTION -DIVORCE
CERTIFICATE OF SERVICE
I, Ann V. Levin, Esquire, counsel for Plaintiff in the above captioned matter, do hereby
certify that I served a true and correct copy of the foregoing Petition to Bifurcate on counsel for the
Defendant by depositing same in the U.S. Mail, first class, postage paid on the day of
1
2006, addressed as follows:
MAX J. SMITH, ESQUIRE
JAMES, SMITH, DIETTERICK & CONNELLY, LLP
P.O. BOX 650
HERSHEY, PA 17033
SMIGEL, ANDERSON & SACKS, LLP
By: , /,,c,
Le o Smigel, Esquire I.D. 09617
Ann V. Levin, Esquire I.D. 70259
4431 North Front Street
Harrisburg, PA 17110
(717) 234-2401
Attorneys for Plaintiff
?' ra
~n
TIJ
7731-1-4/Plfs Petition to Bifurcate/AVUmej 10/25/2006 2:25:26 PM
SMIGEL, ANDERSON & SACKS, LLP
LeRoy Smigel, Esquire ID# 09617
Ann V. Levin, Esquire ID# 70259
4431 North Front Street, 3rd Flr.
Harrisburg, PA 17110-1778
(717) 234-2401
Itimigetr.?isasllo.com
alevinGc Sasllo.com
Attorneys for Plaintiff
OCT p tuue
JOSEPH P. ESPOSITO, IN THE COURT OF COMMON PLEAS
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 04-3466 CIVIL
LYNNE A. ESPOSITO,
DEFENDANT CIVIL ACTION -DIVORCE
RULE TO SHOW CAUSE
AND NOW, this A day of `? ?Z-`??r?1-?,"-?^- , 2006, upon consideration of the
Petition to Bifurcate, a Rule is issued upon Defendant, Lynne A. Esposito, to show cause as to why
Plaintiff's Petition should not be granted.
-or-
This Rule shall be returnable at a hearin on the ?76Lday of 92006,
at in Courtroom , Dori County Courthouse, ts,
Distribution:
V. Levin, Esquire, 4431 N. Front St., Harrisburg, PA 17110
VKOn x J. Smith, Esquire, P.O. 650, Hershey, PA 17033
_1r
ra
ILI,
JOSEPH P. ESPOSITO,
Plaintiff
VS.
LYNNE A. ESPOSITO,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 04-3466 CIVIL
CIVIL ACTION -LAW
IN DIVORCE
DEFENDANT'S ANSWER WITH NEW MATTER TO PLAINTIFF'S
PETITION FOR BIFURCATION
AND NOW, comes the Defendant, Lynne A. Esposito, to answer the Petition for
Bifurcation filed by Plaintiff, Joseph P. Esposito, and to show cause why said Petition should not
be granted. In opposition to the Petition for Bifurcation, Defendant avers as follows:
1. Admitted.
2. Admitted.
3. Admitted in part; denied in part. It is admitted only that the parties were
separated for two years in June 2006 and that Plaintiff filed for divorce in July 2004. To the
extent the averments of paragraph three (3) are offered to support Plaintiff s request for
bifurcation, same are specifically denied. By way of further answer, the parties' two year
separation date passed only six (6) months ago and a Divorce Master has already been appointed
to hear the case. The Divorce Master recently conducted a Pre-Trial Conference at which it was
determined that discovery concerning a medical partnership in which Plaintiff practices is still
pending and a deposition of a financial representative of Plaintiff s medical practice is scheduled
for January 10, 2007. In addition, Plaintiff's counsel provided additional discovery for valuation
of a real estate partnership in which Plaintiff is involved in November 2006 and the valuation of
the real estate partnership is expected to be completed in January 2007. Moreover, Plaintiff filed
for the appointment of the Divorce Master prematurely, prior to the two year separation date;
however, Defendant did not object to such appointment provided the remaining discovery and
preparation for trial was permitted.
4. Denied. The averments of paragraph four (4) are conclusions of law to which no
responsive pleading is required and strict proof thereof is demanded at trial.
5. Admitted in part; denied in part. It is admitted only that there are economic issues
pending in this case. By way of further answer, the pendency of such economic issues and the
appointment of the Divorce Master weigh heavily against granting the bifurcation requested by
Plaintiff. The remaining averments of paragraph five (5) and the suggestion that such averments
support bifurcation as requested by Plaintiff are specifically denied. Defendant's Motion to
appoint the Divorce Master in November. 2005 was grossly premature as the parties were only
separated for just over one (1) year at the time of the Motion. Notwithstanding Plaintiff's
improper attempts to appoint the Divorce Master prematurely, Defendant did not move to
dismiss the Motion, instead opting to allow the Divorce Master to be appointed provided that all
discovery and financial information was provided by Plaintiff so as to allow valuation of the
marital assets at issue in the case, including the medical and real estate partnerships in which
Plaintiff is a participant.
By way of further answer, Plaintiff s failure to provide relevant and discoverable
information regarding the valuation of the marital assets is the reason any business valuations
being conducted in the case have not yet been completed. Defendant has diligently attempted to
advance the business valuations; however, Plaintiff's lack of cooperation in advancing such
valuations has frustrated Defendant's efforts as evidenced by the following chronology:
• March 28.2006: Defendant's counsel wrote to Plaintiff s counsel advising that
Defendant intended to have the real estate partnership and Defendant's medical practice
appraised and that appraisers had been selected for such valuations. The letter informed
counsel that additional discovery was required, beginning with the deposition of
Plaintiff. Counsel provided Plaintiff s counsel with ten (10) dates in April, 2006 for the
deposition of Plaintiff.
• March 28, 2006 to MU 17, 2006: There was no written response from Plaintiffs
counsel to the letter of March 28, 2006; however, Plaintiffs counsel left a voicemail
advising that rather than deposing Plaintiff, the deposition of Plaintiffs accountant was
more appropriate.
• May 17, 2006: Defendant's counsel wrote to Plaintiffs counsel and advised that the
deposition of Plaintiff s accountant was acceptable in order to advance the valuations of
the real estate partnership and the medical practice; however, Defendant's counsel
indicated that the deposition of Plaintiff was still required. Valuation of both the real
estate partnership and the medical practice were referenced as requiring additional
information.
June 12, 2006: Defendant's counsel conducted the deposition of Plaintiff's accountant.
The accountant essentially had no information regarding Plaintiff's medical practice,
although he did provide information concerning the real estate partnership. The
accountant was to provide a letter detailing rental amounts received by the real estate
partnership which he did not have at the time of his deposition.
• July 26, 2006: Defendant's counsel wrote to Plaintiff s counsel and advised that the
transcript of the accountant's deposition had been received. As of the date of the letter,
the additional rental information from the accountant had not yet been received.
September 1, 2006: Plaintiffs counsel wrote to Defendant's counsel and acknowledged
receipt of the July 26, 2006 correspondence. The letter also finally provided the letter
from the accountant detailing rental income received by the real estate partnership. The
letter from the accountant provided by Plaintiff s counsel was marked "received" July
14, 2006, two (2) days after the deposition of the accountant was concluded, but one and
a half (1 '/2) months before Plaintiff's counsel sent it to Defendant's counsel.
• October 24.2006: Defendant's counsel wrote to Plaintiff s counsel and advised that the
real estate appraiser performing appraisals of the properties owned by the real estate
partnership had requested the leases to the properties. In addition, the letter requested
deposition dates of the medical group representative identified by Plaintiff s counsel as
the appropriate person to depose for purposes of valuing the medical practice (believed
to be CFO, Shelley Lentz). As of the date of the letter, neither Plaintiff nor Lentz had
been made available and no dates for such deposition had been offered by Plaintiff s
counsel.
• November 14, 2006: Plaintiff's counsel provided the leases requested by Defendant's
counsel and indicated that a date for the deposition of Ms. Lentz would be coordinated.
January 10, 2007: Deposition of Shelly Lentz will occur regarding Plaintiff's medical
practice. No date for deposition of Plaintiff has yet been provided by counsel.
6. Denied. The averments of paragraph six (6) are conclusions of law to which no
responsive pleading is required and strict proof thereof is demanded at trial. To the extent an
answer is deemed necessary, it is specifically denied that Defendant will not be adversely
affected by the requested bifurcation. To the contrary, the parties' financial circumstances are
vastly disparate and a divorce prior to the resolution of all economic issues will cause further
financial hardship to Defendant. Defendant's sole source of medical insurance is through
Plaintiff's employment-provided healthcare, which shall terminate upon the issuance of a divorce
decree; a portion of the support paid by Plaintiff to Defendant, which is the sole source of
income for Defendant, would terminate upon the issuance of a divorce decree; any retirement
benefit, life insurance, or similar asset on which Defendant is a named beneficiary would be
changed upon the issuance of a divorce decree by Plaintiff, leaving Defendant with no retirement
or life insurance benefits in the event of Plaintiff's death prior to the resolution of all economic
claims in the divorce. Accordingly, it is specifically denied that Defendant would suffer no
detriment as a result of bifurcation.
By way of further answer, the averments of paragraph six (6) ignore the provisions of 23
Pa.C.S. §3323(C. 1)(2)(i) that requires that the moving party requesting bifurcation demonstrate
that "compelling circumstances exist for the entry of the decree of divorce or annulment." 23
Pa.C.S. §3323(C. 1)(2)(i). Plaintiffs focus on any detriment to Defendant ignores the first
requirement that there first be compelling circumstances demonstrated for the bifurcation. In the
present case, Plaintiff has offered no reason, let alone a compelling one, as to why bifurcation is
appropriate. Plaintiff's Petition merely quotes dicta from appellate cases written prior to the
amendment of 23 Pa.C.S. §3323 as benefits of bifurcation. Since the time that such appellate
opinions were written, the Divorce Code was amended to require "compelling circumstances" to
warrant bifurcation. Thus, justification more than "allowing the parties to move on with their
lives" should be required in light of the recent amendments to the Code and the requirement of
"compelling circumstances". In addition, the parties have been separated for just more than two
(2) years and therefore this case is not analogous to other cases in which bifurcation may have
been appropriate because of the passage of an exorbitant amount of time between separation and
divorce.
7. Denied. The averments of paragraph seven (7) are conclusions of law to which
no responsive pleading is required and strict proof thereof is demanded. To the extent an answer
is deemed necessary, the preservation of economic issues is unnecessary as such issues are
preserved by denying the request for bifurcation and allowing the parties' divorce to proceed in
due course.
Denied. The averments of paragraph eight (8) are conclusions of law to which no
responsive pleading is required and strict proof thereof is demanded. By way of further answer,
the responsive averments of paragraph six (6) are incorporated herein by reference as if set forth
in full in denial of the averments of this paragraph.
9. Denied. The averments of paragraph nine (9) are conclusions of law to which no
responsive pleading is required and strict proof thereof is demanded. To the extent an answer is
deemed necessary, it is specifically denied that there is any advantage to bifurcation in this case:
(a) Denied. It is specifically denied that a speedy resolution of the divorce would be
accomplished by bifurcation. To the contrary, the parties were separated for two (2) years as of
June, 2006. Accordingly, the parties have currently been separated for two and a half (2 %2)
years. A Divorce Master has already been appointed and a Master's Hearing is expected to
occur in Spring 2007. By way of further answer, Defendant has diligently attempted to advance
the business valuations in the case; however, Plaintiff s lack of cooperation in advancing such
valuations has frustrated Defendant's efforts as evidenced by the chronology set forth above in
paragraph five (5).
(b) Denied. It is specifically denied that the litigation between the parties will be
simplified or stress minimized as a result of bifurcation. To the contrary, Plaintiff has already
demonstrated a lack of cooperation which has delayed the divorce process as averred above in
paragraph five (5). Accordingly, it is believed and therefore averred that bifurcation will only
serve to further Plaintiff s lack of cooperation and further delay the divorce proceedings.
(c) Denied. This averment mirrors language in pre-Divorce Code amendment cases
that supported bifurcation before the requirement that "compelling circumstances" be
demonstrated in order to justify bifurcation. The parties have only been separated for two and a
half (2 %2) years and a Master's Hearing is expected in or about April 2007. Neither party is held
hostage by the divorce proceedings and the divorce will be concluded in due course provided
Plaintiff cooperates.
(d) Denied. The averments of paragraph nine (9)(d) are conclusions of law to which
no responsive pleading is required and strict proof thereof is demanded. By way of further
answer, the responsive averments of paragraph six (6) are incorporated herein by reference as if
set forth in full in denial of the averments of this paragraph.
WHEREFORE, Defendant, Lynne A. Esposito, respectfully requests that this Honorable
Court deny Plaintiff's Petition for Bifurcation.
NEW MATTER
10. The responsive averments of paragraph ten (10) are incorporated herein by
reference as if set forth in full.
11. 23 Pa.C.S. §3323(C.1) governing bifurcation was recently amended and now
provides that in the absence of consent of both parties, the court may enter a decree of divorce
prior to the final determination and disposition of the economic issues in the case if... "the
moving party has demonstrated that: (i) compelling circumstances exist for the entry of the
decree of divorce; and (ii) sufficient economic protections have been provided for the other party
during the pendency of the disposition of the matters provided for in subsection (b)." 23 Pa.C.S.
§3323(C.1)(2).
12. Plaintiff has failed to demonstrate any compelling circumstance warranting
bifurcation.
13. Plaintiff has failed to allege any economic protections for Defendant in the event
of bifurcation.
14. The parties' financial circumstances are vastly disparate and a divorce prior to the
resolution of all economic issues will cause further financial hardship to Defendant.
15. Defendant's sole source of medical insurance is through Plaintiff's employment-
provided healthcare, which shall terminate upon the issuance of a divorce decree; a portion of the
support paid by Plaintiff to Defendant, which is the sole source of income for Defendant, would
terminate upon the issuance of a divorce decree; any retirement benefit, life insurance, or similar
asset on which Defendant is a named beneficiary would be changed upon the issuance of a
divorce decree by Plaintiff, leaving Defendant with no retirement or life insurance benefits in the
event of Plaintiff's death prior to the resolution of all economic claims in the divorce.
16. The parties have been separated for just over two (2) years and a Divorce Master
has already been appointed and a Master's Hearing is expected to occur in or about April 2007.
17. There has been no delay in advancing the case attributable to Defendant. To the
contrary, Plaintiff s lack of cooperation in the completion of business valuations has already
delayed the progress of the case and, should this Honorable Court grant bifurcation, it is believed
Plaintiff will lose all incentive to cooperate in such valuations.
18. Plaintiff has failed to satisfy the requirements of 23 Pa.C.S. §3323(C.1) in
requesting bifurcation.
WHEREFORE, Defendant, Lynne A. Esposito, respectfully requests that this Honorable
Court deny Plaintiff s Petition for Bifurcation.
Respectfully submitted,
Date: December 26, 2006 ?'ZI
MAX J. SMITH, JRL/Esquire
I.D. No. 32114
JARAD W. HANDELMAN, Esquire
I.D. No. 82629
James, Smith, Dietterick & Connelly LLP
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
JOSEPH P. ESPOSITO, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. NO. 04-3466 CIVIL
LYNNE A. ESPOSITO, CIVIL ACTION -LAW
Defendant IN DIVORCE
CERTIFICATE OF SERVICE
AND NOW, this U day of December, 2006, I, MAX J. SMITH, JR., Esquire,
Attorney for Defendant, hereby certify that I have this day sent a copy of Defendant's Answer
with New Matter to Plaintiff's Petition for Bifurcation by depositing a certified copy of the same
in the United States mail, postage prepaid, at Hummelstown, Pennsylvania, addressed to:
Smigel, Anderson & Sacks
Attn: Ann V. Levin, Esquire
4431 North Front Street
Harrisburg, PA 17110-1709
3 Q)
6
, V ;
MAX J. SMITH, JR., (quire
I.D. No. 32114
JARAD W. HANDELMAN, Esquire
I.D. No. 82629
James, Smith, Dietterick & Connelly LLP
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
CD ?
JOSEPH P. ESPOSITO,
PLAINTIFF
V.
LYNNE A. ESPOSITO,
DEFENDANT
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 04-3466 CIVIL
: CIVIL ACTION -DIVORCE
NOTICE
If you wish to deny any of the statements set forth in this affidavit, you must file a
counter-affidavit within twenty (20) days after this affidavit has been served on you or the
statements will be admitted.
AFFIDAVIT UNDER SECTION 3301(d)
OF THE DIVORCE CODE
1. The parties to this action separated on June 8, 2004 and have continued to live
separate and apart for a period of at least two (2) years.
2. The marriage is irretrievably broken.
3. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if I do not claim them before a divorce is granted.
I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn
falsification to authorities.
Date:'
SMIGEL, ANDERSON & SACKS, LLP
LeRoy Smigel, Esquire ID# 09617
Ann V. Levin, Esquire ID# 70259
4431 North Front Street, 3rd Flr.
Harrisburg, PA 17110-1778
(717) 234-2401
Ismieel(;asllp.com
alz?.ili_(u;sasll.p..4g
Attorneys for Plaintiff
JOSEPH P. ESPOSITO,
PLAINTIFF
V.
LYNNE A. ESPOSITO,
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 04-3466 CIVIL
: CIVIL ACTION -DIVORCE
CERTIFICATE OF SERVICE
I, Ann V. Levin, Esquire, counsel for Plaintiff in the above-captioned matter, do hereby
certify that I served a true and correct copy of the foregoing Affidavit Under Section 3301(d) of
the Divorce Code by depositing same in the U.S. Mail, first class, postage prepaid, on the oZ.Z
day of December, 2006, addressed as follows:
MAX J. SMITH, JR., ESQUIRE
JAMES, SMITH, DIETTERICK & CONNELLY
P.O. BOX 650
HERSHEY, PA 17033
SMIGEL, DERSON& SACKS, LLP
By: 7T
LeRoy Smigel, Esquire I.D.#: 09617
Ann V. Levin, Esquire I.D.#: 70259
4431 North Front Street
Harrisburg, PA 17110
(717) 234-2401
Attorneys for Plaintiff
C`7 c i c?`)
u?
rv
JOSEPH P. ESPOSITO, IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V. ;
LYNNE A. ESPOSITO,
DEFENDANT 04-3466 CIVIL TERM
ORDER OF COURT
AND NOW, this day of December, 2006, following a hearing,
the petition of Joseph P. Esposito for the entry of a bifurcated decree in divorce, IS
DENIED.
L,.A(nn V. Levin, Esquire
For Joseph P. Esposito
u
LA ax Smith, Esquire
For Lynne A. Esposito
sal
J
cagar B. Bayley, J.
?
L(. 3 L j
;
? i
-
JOSEPH P. ESPOSITO, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. 04-3466 CIVIL
LYNNE A. ESPOSITO, CIVIL ACTION -LAW
Defendant IN DIVORCE
DEFENDANT'S COUNTER-AFFIDAVIT
UNDER SECTION 3301(d) OF THE DIVORCE CODE
1. Check either (a) or (b):
(a) I do not oppose the entry of a divorce decree
(b) I oppose the entry of a divorce decree because
(Check (i), (ii) or both):
(i) The parties to this action have not lived separate and apart for a period
of at least two years.
(ii) The marriage is not irretrievably broken.
2. Check either (a) or (b):
(a) I do not wish to make any claims for economic relief. I understand that I
may lose rights concerning alimony, division of property, lawyer's fees or
expenses if I do not claim them before a divorce is granted.
(b) I wish to claim economic relief which may include alimony, division of
property, lawyer's fees or expenses or other important rights.
I verify that the statements made in this counteraffidavit 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: 200
LYNNE . ESPOSITO
NOTICE: If you do not wish to oppose the entry of a divorce decree and you do not wish to
make any claim for economic relief, you need not file this counteraffidavit.
co v
^v
^? X7
JOSEPH P. ESPOSITO, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY PENNSYLVANIA
V. NO. 04-3466
LYNNE A. ESPOSITO, CIVIL ACTION - LAW
Defendant IN DIVORCE
PRE-TRIAL STATEMENT
OF DEFENDANT, LYNNE A. ESPOSITO
I. ASSETS
A. MARITAL ASSETS
ASSET VALUE DATE OF NON-MARITAL LIEN
VALUATION PORTION
Marital Net Proceeds: Present No No. Liens
Residence - $353,801.08 satisfied upon
Proceeds from sale of home.
Sale Wife Received: Net proceeds
$235,867.39 distributed.
Husband
Received:
$117,933.69
2001 BMW 540 KBB Value to be Present No No
provided
1990 Volvo XC KBB Value to be July 2004 (traded No No
provided in on another
vehicle)
Fidelity Funds TBD (already Present No No
#7117 & Fidelity distributed
Brokerage between the
#1465 parties)
Vanguard Index $38,679.00 August 26, 2004 No No
and Money
Market #8573)
A. MARITAL ASSETS (CONTINUED)
ASSET VALUE DATE OF NON-MARITAL LIEN
VALUATION PORTION
New York Life $29,977.00 12/28/06 No No
Nationwide $24,904.00 2/2/07 No No
Provident
Variable
Susque Net value of 3/06 No Yes (calculation
Properties three parcels of (updated of Husband's
(12.5% Interest) real estate: mortgage balance interest is
$467,105.40 needed) assessment of
the net value of
Husband's the real estate)
Interest:
$58,388.18
Heritage TBD (calculation Present No No
Medical Group of Husband's
capital account
needed)
Hennessy IRA $136.70 3/31/04 No No
#7185
Fidelity IRA $550,177.00 1/31/07 No No
#7199
Fidelity 401(k) $102,616.00 1/31/07 No No
#0701
Household TBD Present No No
Furnishings
Advance on $20,000.00 Present No No
Equitable
Distribution to
Wife
B. NON-MARITAL ASSETS
ASSET VALUE DATE OF LIEN
VAL UATION
Real Estate TBD (if necessary) Present Yes
Acquired Post-
Separation (by
both parties)
Financial TBD (if necessary) Present No
Accounts
Acquired Post-
Separation (by
both parties)
Vehicles TBD (if necessary) Present No
Purchased for
Parties' Children
II. EXPERT WITNESSES
Defendant does not anticipate calling any expert witness, but reserves the right to
call an expert witness regarding the valuation of Plaintiff's interest in the Heritage
Medical Group if necessary.
III. LIST OF WITNESSES
Defendant anticipates calling the parties as witnesses, assuming the parties will
reach a stipulation regarding the acknowledged marital misconduct of Plaintiff
concerning his extra-marital relationship commenced prior to separation. Should
the parties be unable to reach such a stipulation, Defendant will also call
Plaintiff's paramour as a witness at trial, as well as other witnesses pertaining to
Plaintiff's misconduct.
IV. LIST OF EXHIBITS
1. Account statements for all assets listed in Part I. (A).
2. Tax returns and other wage information for Plaintiff.
3. Documentation relating to Plaintiff's interest in Susque Properties and the
Heritage Medical Group, if necessary.
4. Parties' Income and Expense Statements.
V. PARTIES' INCOMES
See Plaintiff's and Defendant's Income and Expense Statements.
VI. PARTIES' EXPENSES
See Plaintiff's and Defendant's Income and Expense Statements.
VII. VALUATION OF PENSION OR RETIREMENT BENEFITS
Plaintiff's retirement assets are listed in Part I. (A). above. The values of the
accounts are evidenced by the statements of the respective accounts as listed.
There is no need for expert valuation of any of the retirement assets owned by
Plaintiff.
VIII. COUNSEL FEES
Defendant has made a claim for counsel fees. Defendant is a homemaker.
Plaintiff is a doctor. The parties' incomes are grossly disproportionate. An award
of counsel fees to Defendant is appropriate.
IX. PERSONAL PROPERTY
Plaintiff has presented a listing of personal property and corresponding values,
including items in Defendant's possession. Defendant is reviewing the list
prepared by Plaintiff and will be prepared to discuss the disposition and/or
valuation of such personalty at the Settlement Conference scheduled for march
28, 2007.
4
X. MARITAL DEBTS
None.
XI. PROPOSED ECONOMIC RESOLUTION
Calculation of Plaintiff's interest in the Heritage Medical Group is required before
proposed economic resolution of the case can be formulated. It is anticipated that such
calculation, assuming provision of Plaintiff's capital account information is forthcoming,
will be completed prior to the Settlement Conference scheduled for March 28, 2007. At
the time of the Settlement Conference, Defendant will present a detailed proposal for the
economic resolution of the case.
Respectfully submitted,
JAMES, SMITH, DIETTERICK & CONNELLY LLP
Date: March 21, 2007
By:
MAX J. SMITH, JR., ESQUIRE
I.D. No. 32114
JARAD W. HANDELMAN, ESQUIRE
T.D. No. 82629
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
Attorneys for Defendant, Lynne A. Esposito
5
JOSEPH P. ESPOSITO, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. . NO. 04-3466 CIVIL
LYNNE A. ESPOSITO, CIVIL ACTION -LAW
Defendant IN DIVORCE
CERTIFICATE OF SERVICE
AND NOW, this d 1 At day of March, 2007, I, MAX J. SMITH, JR., Esquire, Attorney
for Defendant, hereby certify that I have this day sent a copy of Defendant's Pre-Trial Statement
by depositing a certified copy of the same in the United States mail, postage prepaid, at Hershey,
Pennsylvania, addressed to:
Smigel, Anderson & Sacks
Attn: Ann V. Levin, Esquire
4431 North Front Street
Harrisburg, PA 17110-1709
Office of Divorce Master
Attn: E. Robert Elicker, II, Esquire
9 North Hanover Street
Carlisle, PA 17013-3014
MAX J. SMITH, JR., Esquire
I.D. No. 32114
JARAD W. HANDELMAN, Esquire
I.D. No. 82629
James, Smith, Dietterick & Connelly LLP
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
Zp.7 mr?T?
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;ell
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 04-3466
CIVIL ACTION - LAW
IN DIVORCE
INCOME AND EXPENSE STATEMENT
OF
LYNNE A. ESPOSITO
Plaintiff files the following income and Expense Statement and verifies that the statements
made herein are true and correct. Plaintiff understands that false statements herein are
made subject to the penalties of 18 Pa. C. S. Section 4904 ore=17 falsification
to authorities. c1
Jarad W. Handelman, Esquire, Attorney for Defendant
INCOME:
Homemaker
Type of Work:
Payroll Number:
Pay Period (Weekly, Biweekly, etc.):
Gross Pay Per Pay Period:
Itemized Payroll Deductions:
Federal Withholding:
Social Security
State Income Tax
Local Wage Tax
Medicare
Retirement
Savings Bonds
Credit Union
Life Insurance
Health Insurance
Other (specify):
Unemployment
NET PAY PER PAY PERIOD
JOSEPH P. ESPOSITO,
Plaintiff
V.
LYNNE A. ESPOSITO
Employer:
Address
P
Other Income:
Interest
Dividends
Pension
Annuity
Social Security
Rents
Royalties
Expense Account
Gifts
Unemployment Comp.
Workmen's Comp.
Spousal Support
Child Support
TOTAL
EXPENSES
HOME
Mortgage/Rent
Maintenance
Repairs
UTILITIES
Electric
Gas
Oil
Telephone
Water
Sewer
Trash
EMPLOYMENT
Public Transportation
Lunch
TAXES
School
Real Estate
Personal Property
Income
Week Month Year
(Fill in Appropriate Column)
$4,798.00
$4,798.00
Week Month
$1,000.00
$333.33
$189.00
$194.58
$48.25
$41.67
$289.17
$0.83
$941.36
$3,038.19
$57,576.00
$57,576.00
Year
$12,000.00
$4,000.00
$2,268.00
$2,335.00
$579.00
$500.00
$3,470.00
$10.00
$11,296.28
$36,458.28
EXPENSES Week Month Year
(Fill in Appropriate Column)
INSURANCE
Homeowners $63.17 $758.00
Automobile $310.67 $3,728.00
Life
Accident
Health $833.33 $10,000.00
Renters
AUTOMOBILE
Payments $130.00 $1,560.00
Fuel $346.67 $4,160.00
Repairs $104.92 $1,259.00
Maintenance
Licenses
Registration
Auto Club
MEDICAL
Doctor $98.75 $1,185.00
Dentist $88.25 $1,059.00
Optometrist . $25.08 $301.00
Hospital
Medicine $114.17 $1,370.00
Special needs (glasses,
braces, orthopedic devices
EDUCATION
Private/Parochial School $50.00 $600.00
College
Religious
School lunches
Books/misc.
PERSONAL
Clothing $583.33 $7,000.00
Food $800.00 $9,600.00
Barber/Hairdresser $83.33 $1,000.00
Personal Care
Laundry/Dry Cleaning
Hobbies
Credit Cards $250.00 $3,000.00
Memberships $10.83 $130.00
$3,892.50 $46,710.00
EXPENSES
LOANS
Credit Union
MISCELLANEOUS
Household Help
Child Care
Papers/Books/Magazines
Entertainment
Pay TV
Vacation
Gifts
Legal Fees
Charitable Contributions
Pet Expense
Lessons for Children
Cell Phone
Other Support
Alimony Payments
OTHER
Cleaners, Misc.
WalmardKmart
TOTAL EXPENSES
Week Month Year
(Fill in Appropriate Column)
$59.00
$250.00
$76.42
$89.58
# $125.00
$625.00
$20.83
$41.67
$150.92
$1,438.42
$8,369.11
$708.00
$3,000.00
$917.00
$1,075.00
$1,500.00
$7,500.00
$250.00
$500.00
$1,811.00
$17,261.00
$100,429.28
i
JOSEPH P. ESPOSITO, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. : NO. 04-3466 CIVIL
LYNNE A. ESPOSITO, CIVIL ACTION -LAW
Defendant : IN DIVORCE
CERTIFICATE OF SERVICE
AND NOW, this Z 1 *-:?- day of March, 2007, I, MAX J. SMITH, JR., Esquire, Attorney
for Defendant, hereby certify that I have this day sent a copy of Income and Expense Statement
by depositing a certified copy of the same in the United States mail, postage prepaid, at Hershey,
Pennsylvania, addressed to:
Smigel, Anderson & Sacks
Attn: Ann V. Levin, Esquire
4431 North Front Street
Harrisburg, PA 17110-1709
Office of Divorce Master
Attn: E. Robert Elicker, II, Esquire
9 North Hanover Street
Carlisle, PA 17013-3014
'F-, MAX J. SMITH, JR., Esquire
I.D. No. 32114
JARAD W. HANDELMAN, Esquire
I.D. No. 82629
James, Smith, Dietterick & Connelly LLP
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
4r
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G
1-a
JOSEPH P. ESPOSITO,
PLAINTIFF
V.
LYNNE A. ESPOSITO,
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 04-3466 CIVIL
: CIVIL ACTION - DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on July 19, 2004.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have
elapsed from the date of filing and service of the Complaint.
3. I consent to the entry of a final Decree of Divorce after service of notice of intention to
request entry of the decree.
I verify that the statements made in this Affidavit are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification
to authorities.
Date: 3)2401
ose h Esposito, Plai f
y I
CD
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LIJ `-
Ci
N
/AVL/smt//March 27.2007 2:14 PM
JOSEPH P. ESPOSITO,
PLAINTIFF
V.
LYNNE A. ESPOSITO,
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 04-3466 CIVIL
: CIVIL ACTION -DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF
A DIVORCE DECREE UNDER 43301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if I do not claim them before a divorce is granted.
I understand that I will not be divorced until a divorce decree is entered by the
Court and that a copy of the decree will be sent to me immediately after it is filed with the
Prothonotary.
I verify that the statements made in this Affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn
falsification to authorities.
Date: y7 ?C?
os p . Esposito, Pla iff
'C'"'+ '
7
?J
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?w .
MAR-28-2007 07:47 P.04
JOSEPH P, ESPOSITO, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. : NO. 04-3466 CIVIL
LYNNE A. ESPOSITO, : CIVIL ACTION -LAW
Defendant : IN DIVORCE
AFFIDAVIT OF CONSENT AND
WAIVER OF COUNSELING
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
July 19, 2004,
2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety days
have elapsed since the date of filing and service of the Complaint.
3. I consent to the entry of a Final Decree of Divorce after service of notice of
intention to request entry of the decree.
4. 1 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 further
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 decree being handed down by
the Court.
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: 114A t 24
_,2007 LYNN: . ESPOSITO
C12
?
?
N .
MAR-28-2007 07.47
JOSEPH P. ESPOSITO,
Plaintiff
VS.
LYNNE A. ESPOSITO,
Defendant
P.05
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 04-3466 CIVIL
CIVIL ACTION -'LAW
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
43301(c) OF TIDE DIVORCE CODE
1. I consent to the entry of a Final Decree of Divorce without further notice.
2. I understand that 1 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. I understand that I will not be divorced until a divorce decree is entered by the
Court and that a copy of the decree will be sent to me immediately after it is filed with the
Prothonotary.
I verify that the statements made in this Affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to
unsworn falsification to authorities.
Date: MAR Zk , 2007
LY A. ESpOSTTO
TOTAL P.05
ril -
T-i
CZ)
JOSEPH P. ESPOSITO,
Plaintiff
VS.
LYNNE A. ESPOSITO,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 04 - 3466 CIVIL
IN DIVORCE
ORDER OF COURT
AND NOW, this lr?k day of
2007, the economic claims raised in the proceedings having been
resolved in accordance with a marriage settlement agreement
dated December 6, 2007, 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,
?l 00
Edgar B. Bayley, P.J.'
cc: V'nn V. Levin
Attorney for Plaintiff
/ax J. Smith, Jr.
Attorney for Defendant
J ? _c?
N \00
:t
C -?'~
C
r
MARRIAGE SETTLEMENT AGREEMENT
AGREEMENT MADE this 0- day of 2007, by and
>
between LynneA. Esposito ("Wife") - A N D - Joseph P. Esposito ("Husband"), at Harrisburg,
Pennsylvania.
WHEREAS, the parties hereto are husband and wife having been married on March 21, 1981 at
New Cumberland, Pennsylvania;
WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the
parties and it is the intention of Wife and Husband to live separate and apart for the rest of their natural
lives, and the parties desire to settle fully and finally their respective financial and property rights and
obligations as between each other including, without limitation by specification: settling of all matters
between them relating to the ownership and equitable distribution of real and personal property; settling
of all matters between them relating to the past, present and future support, alimony and/or maintenance
of Wife by Husband or of Husband by Wife; and in general, the settling of any and all claims and
possible claims by one against the other or against their respective estates.
NOW, THEREFORE, in consideration of the foregoing premises and of the mutual promises,
covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt
of which is hereby acknowledged by each of the parties, Wife and Husband, each intending to be legally
bound hereby, covenant and agree as follows:
1. Divorce and Separation. The parties agree to the entry of a decree in divorce pursuant
to Section 3301(c) of the Divorce Code of 1980. Husband and Wife shall at all times hereafter have the
right to live separate and apart from each other and to reside from time to time at such place or places as
they shall respectively deem fit, free from any control, restraint, or interference whatsoever by the other.
Neither party shall molest the other or endeavor to compel the other to cohabit or dwell with him or her
by any legal or other proceedings. The foregoing provision shall not be taken to be an admission on the
part of either Husband or Wife of the lawfulness or unlawfulness of the causes leading to their living
apart.
The parties acknowledge that a divorce action has been filed in the Court of Common Pleas of
Cumberland County, Pennsylvania at docket number 04-3466 Civil Term. Counsel for Plaintiff shall
file the Praecipe to Transmit Record and obtain a divorce decree.
2. Division of Property. Husband and Wife agree that the division of assets set forth on the
attached Exhibit A constitutes an equitable distribution of the marital property, such that
Wife is receiving 60% and Husband is receiving 40% of same. Exhibit A references a
roll-over to Wife. In order to effectuate the roll-over from Husband's Fidelity IRA the
parties shall cooperate in signing the necessary documentation on or before February 15,
2008. Counsel for Wife shall prepare a Qualified Domestic Relations Order if one is
required.
In the event Husband provides Wife with a cash payment on or before February 15, 2008,
then the amount to be rolled over to Wife from Husband's Fidelity IRA shall be reduced dollar for dollar
2
by the amount of cash paid to Wife.
Husband shall make arrangements to retrieve the Howard Miller Grandfather Clock and
the Ships Painting from Wife's residence within 45 days of the date of this Agreement.
Wife shall make available to Husband photos taken during the marriage. Husband shall
make copies or duplicate them and the return the originals to Wife within 30 days of receipt.
Husband and Wife hereby acknowledge that they have divided, to their mutual
satisfaction, all of their marital and non-marital assets, including but without limitation, business
interests, partnerships, inheritances, jewelry, clothing, pensions, brokerage accounts, stocks, bonds, life
insurance policies or other securities, individual retirement accounts, 401(k), employment benefits,
checking and savings accounts, mutual funds and other assets, whether real, personal or mixed, tangible
or intangible.
3. Taxes. Wife shall file tax returns for the years 2005 and 2006 and claim the support
deducted by Husband on his 2005 and 2006 tax returns. Wife shall be responsible for payment of sums
due as a result of filing these returns.
4. Additional Documentation. The parties agree to execute any deeds, assignments, titles
or other instruments necessary and appropriate to accomplish the aforesaid division of property.
5. Transfers Subiect to Existing Liens. Notwithstanding any other provisions in this
document all property transferred hereunder is subject to the existing lien or liens set forth above. The
respective transferee of such property agrees to indemnify and save harmless the other party from any
claim or liability that such other party may suffer or may be required to pay on account of such lien or
encumbrance.
3
6. Representations and Warranties. The parties represent and warrant to each other that
the property described in this Agreement represents all of the property in which they have any right, title
and interest, and that such property is subject to no mortgage, pledge, lien, security interest,
encumbrance or charge except those which are disclosed herein.
7. Equitable Division. By this Agreement the parties have intended to effect an equitable
division of their jointly owned property. The parties have determined that an equitable division of such
property conforms to a just and right standard, with due regard to the rights of each party. The division
of existing marital property is not intended by the parties to constitute in any way a sale or exchange of
assets, and the division is being effected without the introduction of outside funds or other property not
constituting a part of the marital estate. It is the intention of the parties to treat all transfers herein as
non-taxable.
8. Relinquishment of Rights. Except as expressly provided herein, Husband forever
relinquishes any right, title or interest he may now or hereafter have in any tangible or intangible assets
now belonging to Wife, and Wife forever relinquishes any right, title or interest she may now or
hereafter have in any tangible or intangible assets now belonging to Husband.
9. After-Acquired Property. Each of the parties shall hereafter own and enjoy
independently of any claim or right of the other, all items of property, be they real, personal or mixed,
tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to
dispose of the same as fully and effectively, in all respects and for all purposes as though he or she were
unmarried.
10. Debts. Husband and Wife shall each be solely responsible for all debts in their respective
4
names, including but not limited to personal loans, charge accounts and credit cards. Both parties
represent and warrant to the other that as of the date of this Agreement they have not incurred, and in the
future will not contract or incur, any debt or liability for which the other or the estate of the other might
be responsible.
11. Liabilities. All debts, contracts, obligations or liabilities incurred at any time in the past
or future by either party will be paid promptly by said party, unless and except as otherwise specifically
set forth in this Agreement; and each of the parties hereto further promises, covenants and agrees that
each will now and at all times hereafter save harmless and keep the other or his or her estate indemnified
and save harmless from all debts or liabilities incurred by him or her, as the case may be, and from all
actions, claims and demands whatsoever with respect thereto, and from all costs, legal or otherwise, and
counsel fees whatsoever pertaining to such actions, claims and demands. Neither party shall, as of the
date of this Agreement, contract nor incur any debt or liability for which the other or his or her property
may be responsible, and shall indemnify and save harmless the other from any and all claims or demands
made against him or her by reason of debts or obligations incurred by him or her and from all expenses,
legal costs, and counsel fees unless provided to the contrary herein.
12. Counsel Fees. Costs and Expenses. Each party shall be responsible for his or her own
legal fees, costs and expenses incurred in connection with their separation and/or the dissolution of their
marriage.
13. Alimony. Effective January 1, 2008, Husband shall pay to Wife the sum of Four
Thousand ($4,000) Dollars per month for her separate support and maintenance until his death, her death
or remarriage whichever shall first occur. It is the intention of the parties that Wife's cohabitation with
5
an adult non-relative with whom she is involved in a romantic relationship shall be the equivalent of her
remarriage for purposes of this paragraph. Alimony shall be paid through the Domestic Relations
Office. The current order through Domestic Relations shall terminate effective the date of the divorce
decree.
14. Tax Ramifications of Alimony. The parties agree that the entire amount being paid to
Wife pursuant to this paragraph is a separate maintenance periodic payment, included and intended to be
included with the income of Wife within the meaning and intent of Section 71 of the United States
Internal Revenue Code of 1954 and deductible from the Husband's gross income pursuant to the
provisions of Section 215 of the United States Internal Revenue Code of 1954. Wife agrees that all said
payments shall be included as income to the Wife in her applicable tax returns and that she shall pay
such taxes as may be required by reason of such inclusion.
15. Modification of Alimony. The alimony provided to Wife herein shall be modifiable
pursuant to the terms of the Divorce Code in effect at the time of the signing of this Agreement.
16. Life Insurance. Husband shall take all steps necessary to assign and transfer ownership
of the New York Life Insurance policy and the Nationwide/Provident Insurance policy to Wife to fulfill
the distribution to Wife as set forth in the attached Exhibit A. Wife shall be the owner of these policies.
In the event Husband's alimony to Wife terminates, Wife shall be required to cash these policies.
Husband shall name Wife as irrevocable beneficiary of an additional policy in an amount equal
to $280,000. Said policy shall remain in effect as long as Husband's alimony obligation exists. Proof of
premium payment and beneficiary designation shall be provided from Husband to Wife annually upon
her request.
6
17. Full Disclosure. The respective parties do hereby warrant, represent and declare and do
acknowledge and agree that each is and has been fully and completely informed of and is familiar with
and cognizant of the wealth, real and/or personal property, estate and assets, earnings and income of the
other and that each has made a full and complete disclosure to the other of his or her entire assets and
liabilities and any further enumeration or statement thereof in this Agreement is specifically waived.
18. Releases. Each party does hereby remise, release, quitclaim and forever discharge the
other and the estate of the other from any and every claim that each other may now have, or hereafter
have or can have at any time, against the other, or in and to or against the other's estate, or any part
thereof, whether arising out of any former contracts, engagements or liabilities of the other, or by way of
dower or claim in the nature of dower, widow's rights, or under the intestate laws, or the right to take
against each other's will, or for support or maintenance, or of any other nature whatsoever, except any
rights accruing under this Agreement.
19. Indemnification. Each party represents and warrants to the other that he or she has not
incurred any debt, obligation, or other liability, other than described in this Agreement, on which the
other party is or may be liable. Each party covenants and agrees that if any claim, action or proceeding
is hereinafter initiated seeking to hold the other party liable for any other debts, obligations, liability, act
or omission of such party, such party will at his or her sole expense, defend the other against any such
claim or demand, whether or not well-founded, and that he or she will indemnify and hold harmless the
other party in respect of all damages as resulting therefrom. Damages as used herein shall include any
claim, action, demand, loss, cost, expense, penalty, and other damage, including without limitation,
counsel fees and other costs and expenses reasonably incurred in investigating or attempting to avoid
7
same or in opposing the imposition thereof or enforcing this indemnity, resulting to Husband or Wife
from any inaccurate representation made by or on behalf of either Husband or Wife to the other in this
Agreement, any breach of any of the warranties made by Husband or Wife in this Agreement, or breach
or default in performance by Husband or Wife of any of the obligations to be performed by such party
hereunder. The Husband or Wife agrees to give the other prompt written notice of any litigation
threatened or instituted against either party which might constitute the basis for a claim for indemnity
pursuant to the terms of this Agreement.
20. General Provisions. This Agreement constitutes the entire understanding of the parties
and supersedes any and all prior agreements and negotiations between them. There are no
representations or warranties other than those expressly set forth herein.
21. Fair and Equitable Contents. The provisions of this Agreement and their legal effect
have been fully explained to the parties by their respective counsel. Each party acknowledges that he or
she has received independent legal advice from counsel of his or her selection and that each fully
understands the facts and has been fully informed as to his or her legal rights and obligations. Each
party acknowledges and accepts that this Agreement is, under the circumstances, fair and equitable, and
that it is being entered into freely and voluntarily after having received such advice and with such
knowledge, 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.
22. Breach. It is expressly stipulated that if either party fails in the due performance of any
of his or her material obligations under this Agreement, the other party shall have the right, at his or her
8
election, to sue for damages for breach thereof, to sue for specific performance, or to seek any other legal
remedies as may be available, and the defaulting party shall pay the reasonable legal fees for any services
rendered by the non-defaulting party's attorney in any action or proceeding to compel performance
hereunder.
23. Execution of Documents. Each party shall on demand execute any other documents that
may be necessary or advisable to carry out the provisions of this Agreement.
24. Modification. No modification, rescission or amendment to this Agreement shall be
effective unless in writing signed by each of the parties hereto.
25. Severability. If any provision of this Agreement is held by a Court of competent
jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless
survive and continue in full force and effect without being impaired or invalidated in any way.
26. Applicable Law. This Agreement shall be construed under the laws of the
Commonwealth of Pennsylvania.
27. Agreement Not to be Merged. This Agreement may be filed with the Court for
incorporation into the Decree of Divorce for purposes of enforcement only, but otherwise shall not be
merged into said Decree. The parties shall have the right to enforce this Agreement under the Divorce
Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this
Agreement as an independent contract. Such remedies in law or equity are specifically not waived or
released.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year
first above written.
9
Witness:
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?D
JOSEPH P. ESPOSITO, IN THE COURT OF COMMON PLEAS
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 04-3466 CIVIL
LYNNE A. ESPOSITO,
DEFENDANT CIVIL ACTION -DIVORCE
AFFIDAVIT OF SERVICE
I, Ann V. Levin, Esquire, attorney for Plaintiff in the above-captioned matter, do hereby
certify that I served a true and correct copy of the Complaint in Divorce Under Section 3301(c) or
3301(d) of the Divorce Code on Defendant by delivering same by U.S. Certified Mail, return receipt
requested, Article Number 7003 1680 0007 0836 3424, postage prepaid, on July 19, 2004, addressed
as follows:
Lynne A. Esposito
2012 Mountain Pine Drive
Mechanicsburg, PA 17050
Defendant personally received said documents on July 22, 2004, as evidenced by her
signature on the certified mail return receipt card which is attached hereto.
I verify that the statements in the foregoing 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.
SMIGEL, ANDERSON & SACKS, LLP
Date: o-7 By:
LLeRoy Smigel, Esquire I.D.#: 09617
Ann V. Levin, Esquire I.D. #: 70259
4431 North Front Street
Harrisburg, PA 17110
(717) 234-2401
Attorney for Plaintiff
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JOSEPH P. ESPOSITO, IN THE COURT OF COMMON PLEAS
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 04-3466 CIVIL
LYNNE A. ESPOSITO,
DEFENDANT CIVIL ACTION - DIVORCE
PRAECIPE TO TRANSMIT RECORD
TO THE PROTHONOTARY:
Transmit the record, together with the following information, to the court for entry of a
divorce decree:
1. Ground for divorce: Irretrievable breakdown under §3301(c) of the Divorce Code.
2. Date and manner of service of the Complaint: The Complaint was served via certified
mail on the Defendant on July 22, 2004.
3. (a) Date of execution of the Affidavit of Consent required by §3301(c) of the Divorce
Code: by Plaintiff on March 28, 2007; and by Defendant on March 28, 2007.
(b) (1) Date of execution of the Affidavit required by §3301(d) of the Divorce Code:
Not applicable.
(2) Date of filing and service of the Affidavit upon the Respondent: Not
applicable.
4. Related claims pending: None.
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: Not applicable.
(b) Date Plaintiff s Waiver of Notice in §3301(c) Divorce was filed with the
Prothonotary: March 30, 2007.
Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the
Prothonotary: March 30, 2007.
SMIGEL, ANDERSON & SACKS, LLP
Date: /L? ?d2 - O By: (i ' Z--::)
LeRoy Smigel, Esquire I.D.#: 09617
Ann V. Levin, Esquire I.D.#: 70259
4431 North Front Street
Harrisburg, PA 17110
(717) 234-2401
Attorneys for Plaintiff
d
Jlr
IN THE COURT OF COMMON PLEAS
JOSEPH P. ESPOS170
VERSUS
IMM A. FSPOSTM
No. 04-3466 C 74M
DECREE IN
DIVORCE
AND NOW, \/ 49 ft#4- 1
-3 -
,ZW / IT IS ORDERED AND
DECREED THAT Joseph P. Esposito , PLAINTIFF,
AND Lynne A. Esposito DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD cowz-
YET BEEN ENTERED; is further ORDERED and DECREED that the Marriage Settlement Agreement
It INTHIS ACTION FOR WHICH A FINAL ORDER HAS NOT
executed by and between the parties, dated Decemb 6, 20 7, is
incorporated by reference into this Decree? s of enforcement,
but shall NOT be deemed to have been
L)ecree.
BY THE couw : U//
ATTEST: J
PROTHONOTARY
OF CUMBERLAND COUNTY
STATE OF PENNA.
???''? ??' ? ??-? ?'? ?? ? ? ice- ??
,.
ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT
State Commonwealth of Pennsylvania 010108840
Co./City/Dist. of CUMBERLAND 1086 S 2006
Date of Order/Notice 01/11/08
Case Number (See Addendum for case summary)
Employer/Withholder's Federal EIN Number
HERITAGE MEDICAL GROUP
STE 206
3 WALNUT ST
LEMOYNE PA 17043-1169
04-3466 CIVIL
O Original Order/Notice
O Amended Order/Notice
O Terminate Order/Notice
RE: ESPOSITO, JOSEPH P.
Employee/Obligor's Name (Last, First, MI)
184-44-6170
Employee/Obligor's Social Security Number
2687101767
Employee/Obligor's Case Identifier
(See Addendum for plaintiff names
associated with cases on attachment)
Custodial Parent's Name (Last, First, MI)
See Addendum for dependent names and birth dates associated with cases on attachment.
ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support
from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these
amounts from the above-named employee'slobligor's income until further notice even if the Order/Notice is not
issued by your State.
$ _ 4, 000.00 per month in current support
$ o. oo per month in past-due support Arrears 12 weeks or greater? Oyes ® no
$ 0.00 per month in current and past-due medical support
$ _ 0.00 per month for genetic test costs
$ 0.00 per month in other (specify)
for a total of $ 4, 000.00 per month to be forwarded to payee below.
You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match
the ordered support payment cycle, use the following to determine how much to withhold:
$ 923.08 per weekly pay period.
$ 1846.15 _per biweekly pay period (every two weeks).
$ 2, goo. oo per semimonthly pay period (twice a month).
$ 4. goo. oo per monthly pay period.
REMITTANCE INFORMATION:
You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this
Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to
deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the
allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's
aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is
needed (See #9 on page 2).
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.
BY THE COURT:
Date of order: JAN 14 2008
DRO: R.J. SHADDAY
Service Type M
/f' )44
KEVIN A. S, JUDGE
Form EN-028 Rev.
OMB No.: 097"154 Worker I D $ IATT
ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS
? If heck you are required, to provide a opy of this form to your m loyee. If yor employee works in a state that is
di?ferent from the state that issued this or?er, a copy must be provic?ecipto your emp?oyee even if the box is not checked.
1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income.
Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting
agency listed below.
2. Combining Payments: You can combine withheld amounts from more than one employee/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.* Reportingthe Payddt&E)atz of With ioldings You must repoitthe paydateldate of withholding when sending the payment. The
You must comply with the law of the
paydate/date of vvithholding is the date on w iich amount was withheld hoin the empIvyet:1b wage, 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%bligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow
the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent
possible. (See #9 below)
5. Termination Notification: You must promptly notify the Requesting Agency when the employeelobligor is no longer working for you.
Please provide the information requested and return a copy of this Order/Notice to the Agency identified below.
THE EMPLOYEEIOBLIGOR NO LONGER WORKS FOR: 2329330750
EMPLOYEE'S/OBLIGOR'S NAME: ESPOSITO JOSEPH P.
EMPLOYEE'S CASE IDENTIFIER: 2687101767 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 0 5 U.S.C. §1673 01; 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.: 0970-0154
Form EN-028 Rev. 1
Worker ID $ IATT
ADDENDUM
Summary of Cases on Attachment
Defendant/Obligor: ESPOSITO, JOSEPH P.
PACSES Case Number 010108840 PACKS Case Number
Plaintiff Name Plaintiff Name
LYNNE A. ESPOSITO
Docket Attachment Amount Docket Attachment Amount
04-3466 CIVIL$ 4,000.00 $ 0.00
Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB
? If checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s): DOB
? If checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s): DOB
? If checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s): DOB
? If checked, you are required to enroll the child(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
Child(ren)'s Name(s): DOB
? 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'stobligor's employment. through the employee's/obligor's employment.
Addendum Form EN-028 Rev.
Service Type M Worker ID $IATT
OMB No.: 0970-0154
P? r
r
f-n
?
ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT
State Commonwealth of Pennsylvania
Co./City/Dist. of CUMBERLAND
Date of Order/Notice 03/31/10
Case Number (See Addendum for case summary)
Employer/Withholder's Federal EIN Number
PINNACLE HEALTH NURSING & SERV
C/O PAYROLL
PO BOX 8700
HARRISBURG PA 17105-8700
184-44-6170
Employee/Obligor's Social Security Number
2687101767
Employee/Obligor's Case Identifier
(See Addendum for plaintiff names
associated with cases on attachment)
Custodial Parent's Name (Last, First, MI)
See Addendum for dependent names and birth dates associated with cases on attachment.
ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support
from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these
amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not
issued by your State.
$ o. oo per month in current child support
$ o. oo per month in past-due child support Arrears 12 weeks or greater? Oyes ® no
$ 0.00 per month in current medical support
$ 0. oo per month in past-due medical support
$ 4,000.00 per month in current spousal support
$ o . o o per month in past-due spousal support
n
$ 0.00 per month for genetic test costs _
$ o . o o per month in other (specify)=' -1-1 17
$ one-time lump sum payment
for a total of $ 4,000.00 per month to be forwarded to payee below. -
You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle-,does nienatc4?
the ordered support payment cycle, use the following to determine how much to withhold:
$ 923.08 per weekly pay period. $ 2, 000.00 per semimonthly pay?eri4,
(twice a month) ec?
$ 1846.15 per biweekly pay period (every two weeks) $ 4, 000.00 per monthly pay period.
REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10)
working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of
withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work
state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of
the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding,
the following information is needed (See #9 on page 2).
Pennsylvania law (23 PA C.S. § 4374(b)) requires remittance by an electronic payment method if an employer is
ordered to withhold income from more than one employee and employs 15 or more persons, or if an employer has
a history of two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections
and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE
42 000 00
Make Remittance Payable to: PA SCDU
Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112
IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown
above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED.
DO NOT SEND CASH BY MAIL.
BY THE COURT:
DRO: R. J. Shadday
Service Type m
04-3466 CIVIL
OOriginal Order/Notice
OAmended Order/Notice
OTerminate Order/Notice
OOne-Time Lump Sum/Notice
RE:ESPOSITO, JOSEPH P.
Employee/Obligor's Name (Last, First, MI)
Albert H. Masland, Judgo
OMB No.: 0970-0154
Form EN-028 Rev.5
Worker ID $IATT
ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS
If yo r employee works in a state that is
If hecke? you are required to provide a copy of this form to your g
di4enrent from the state that issued this order, a copy must be provi?ed to your employee even if the box is not checed.
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. 2322695080
THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : ED THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 0
EMPLOYEE'S/OBLIGOR'S NAME:ESPOSITO, JOSEPH P.
EMPLOYEE'S CASE IDENTIFIER: 2687101767 DATE OF SEPARATION:
LAST KNOWN HOME ADDRESS:
LAST KNOWN PHONE NUMBER:
NEW EMPLOYER'S NAME/ADDRE
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) 0 5 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of
employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social
Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is
supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is
increased to 55% and that 60% limit is increased to 651% 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
CARLISLE PA 17013 by FAX at (717) 240-6248 or
by internet www.childsupport.state.pa.us
Page 2 of 2 Form EN-028 Rev.5
Service Type M OMB No.: 0970-0154 Worker ID $IATT
ADDENDUM
Summary of Cases on Attachment
Defendant/Obligor: ESPOSITO, JOSEPH P.
PACKS Case Number 010108840 PACSES Case Number
Plaintiff Name Plaintiff Name
LYNNE A. ESPOSITO
Docket Attachment Amount Docket Attachment Amount
04-3466 CIVIL$ 4,000.00 $ 0.00
Child(ren)'s Name(s): DOB Child(ren)'s Name(s):
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s): DOB
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s): DOB
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DOB
DOB
DOB
Addendum Form EN-028 Rev.5
Service Type M OMB No.: 0970-0154 Worker I D $ IATT
ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT
State Commonwealth of Pennsylvania 010108840
Co./City/Dist. of CUMBERLAND 04-3466 CIVIL
Date of Order/Notice 03/31/10
Case Number (See Addendum for case summary)
Employer/Withholder's Federal EIN Number
HERITAGE MEDICAL GROUP
STE 206
3 WALNUT ST
LEMOYNE PA 17043-1169
RE:ESPOSITO, JOSEPH P.
0original Order/Notice
OAmended Order/Notice
(DTerminate Order/Notice
OOne-Time Lump Sum/Notice
Employee/Obligor's Name (Last, First, MI)
184-44-6170
Employee/Obligor's Social Security Number
2687101767
Employee/Obligor's Case Identifier
(See Addendum for plaintiff names
associated with cases on attachment)
Custodial Parent's Name (Last, First, MI)
See Addendum for dependent names and birth dates associated with cases on attachment.
ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support
from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these
amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not
issued by your State.
$ o. oo per month in current child support
$ 0.00 per month in past-due child support Arrears 12 weeks or greater? Oyes & no
$ 0.00 per month in current medical support
N i
$ o . oo per month in past-due medical support F,
$ o. oo per month in current spousal support `'`
$ o . oo per month in past-due spousal support -- -r.
$ 0.00 per month for genetic test costs `j"
$ o . oo per month in other (specify)
$ one-time lump sum payment -"
C-) 01 for a total of $ 0.00 per month to be forwarded to payee below.
_G
co
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)
$ o . 00 per biweekly pay period (every two weeks) $ 0.00 per monthly pay period.
REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10)
working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of
withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work
state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of
the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding,
the following information is needed (See #9 on page 2).
Pennsylvania law (23 PA C.S. § 4374(b)) requires remittance by an electronic payment method if an employer is
ordered to withhold income from more than one employee and employs 15 or more persons, or if an employer has
a history of two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections
and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE
42 000 00
Make Remittance Payable to: PA SCDU
Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112
IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown
above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED.
DO NOT SEND CASH BY MAIL. /
BY THE COURT:
Albert H. Masland, Judge
DRO: R. J. Shadday Form EN-028 Rev.5
Service Type M OMB No.: 0970-0154 Worker ID $IATT
ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS
If4heckefl you are required to provide a copy of this form to your ?mployee. If yo?r employee works in a state that is
di Brent from the state that issued this order, a copy must be provi edd to your employee even if the box is not checked.
1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income.
Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting
agency listed below.
2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to
each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each
employee/obligor.
3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The
paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the
state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the
withholding order and forward the support payments.
4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against
this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow
the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent
possible. (See #9 below)
5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you.
Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 2329330750
THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : 0 THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 0
EMPLOYEE'S/OBLIGOR'S NAME:ESPOSITO, JOSEPH P.
EMPLOYEE'S CASE IDENTIFIER: 2687101767 DATE OF SEPARATION:
LAST KNOWN HOME ADDRESS:
LAST KNOWN PHONE NUMBER:
FINAL PAYMENT AMOUNT.
NEW EMPLOYER'S NAME/ADDRESS:
6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or
severance pay. If you have any questions about lump sum payments, contact the person or authority below.
7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have
withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless
the obligor is employed in another State, in which case the law of the State in which he or she is employed governs.
8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment,
refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law
governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs.
9. * Withholding Limits: You may not withhold more than the lesser of. 1) the amounts allowed by the Federal Consumer Credit
Protection Act (CCPA) (15 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of
employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social
Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is
supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is
increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may
deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section.
Arrears greater than 12 weeks : If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the
employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts
allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of
the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the
CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health
care premiums in determining disposable income and applying appropriate withholding limits.
10. Additional info:
*NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state
that issued this order with respect to these items.
11. Send Termination Notice and
other correspondence to:
DOMESTIC RELATIONS SECTION
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
CARLISLE PA 17013 by FAX at (717) 240-6248 or
by internet www.childsupport.state.pa.us
Page 2 of 2 Form EN-028 Rev.5
Service T e M OMB No.: 0970-0154
YP Worker ID $IATT
ADDENDUM
Summary of Cases on Attachment
Defendant/Obligor: ESPOSITO, JOSEPH P.
PACSES Case Number 010108840 PACSES Case Number
Plaintiff Name Plaintiff Name
LYNNE A. ESPOSITO
Docket Attachment Amount Docket Attachment Amount
04-3466 CIVIL$ 0.00 $ 0.00
Child(ren)'s Name(s): DOB Child(ren)'s Name(s):
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DOB
PACKS Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s): DOB
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DOB
DOB
DOB
Addendum Form EN-028 Rev.5
Service Type M Worker I D
OMB No.: o97aoisa $ IATT
ORDERMOTICE TO WITHHOLD INCOME FOR SUPPORT
OOriginal Order/Notice
State Commonwealth of Pennsylvania 010108840 Amended Order/Notice
Co./City/Dist. of CUMBERLAND 04-3466 CIVIL
Date of Order/Notice 04/19/10 0Terminate Order/Notice
Case Number (See Addendum for case summary) (Done-Time Lump Sum/Notice
RE:ESPOSITO, JOSEPH P.
Employer/Withholder's Federal EIN Number Employee/Obligor's Name (Last, First, MI)
184-44-6170
Employee/Obligor's Social Security Number
PINNACLE HEALTH 2687101767
PO BOX 8700 Employee/Obligor's Case Identifier
HARRISBURG PA 17105-8700 (See Addendum for plaintiff names
associated with cases on attachment)
Custodial Parent's Name (Last, First, MI)
See Addendum for dependent names and birth dates associated with cases on attachment.
ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support
from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these
amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not
issued by your State.
$ 0.00 per month in current child support
$ o. oo per month in past-due child support Arrears 12 weeks or greater? Dyes ® no
$ 0.00 per month in current medical support
a
$ 0.00 per month in past-due medical support
$ 4,000.00 per month in current spousal support lfZ ca
$ o . o o per month in past-due spousal support ? Eli M
$ 0.00 per month for genetic test costs
$ 0.00 per month in other (specify) o
$ one-time lump sum payment _'
P
for a total of $ 4,000.00 per month to be forwarded to payee below. ' C rv _-4
L
You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle Aes nptb matik
the ordered support payment cycle, use the following to determine how much to withhold:
$ per weekly pay period. $ 2,000.00 per semimonthly pay period
(twice a month)
$ - per biweekly pay period (every two weeks) $ 4,000.00 per monthly pay period.
REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10)
working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of
withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work
state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of
the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding,
the following information is needed (See #9 on page 2).
Pennsylvania law (23 PA C.S. § 4374(b)) requires remittance by an electronic payment method if an employer is
ordered to withhold income from more than one employee and employs 15 or more persons, or if an employer has
a history of two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections
and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE
42 000 00
Make Remittance Payable to: PA SCDU
Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112
IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER 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. -.02.0 _A00 AOWI%
BY THE COURT:
DRO: R. J. Shadday
Service Type M OMB No.: 0970-0154
Form EN-028 Rev.5
Worker I D $ IATT
ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS
If4hecke?l you are required to vide a?opy of this form to yourgewloyee. If yoyr employee orks in a state that is
di ssuprthis o er, a copy must be provi to your employee even if tie box is not checked
Brent rrom the state that i
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 employeelobligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow
the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent
possible. (See #9 below)
5. Termination Notification: You must promptly notify the Requesting Agency when the employeelobligor is no longer working for you.
Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 2517786440
THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : O THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 0
EMPLOYEE'S/OBLIGOR'S NAME: ESPOSITO, JOSEPH P.
EMPLOYEE'S CASE IDENTIFIER: 2687101767 DATE OF SEPARATION:
LAST KNOWN HOME ADDRESS:
LAST KNOWN PHONE NUMBER:
FINAL PAYMENT AMOUNT.
NEW EMPLOYER'S NAME/ADDRESS:
6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or
severance pay. If you have any questions about lump sum payments, contact the person or authority below.
7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have
withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless
the obligor is employed in another State, in which case the law of the State in which he or she is employed governs.
8. Antidiscrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment,
refusing to employ, or taking disciplinary action against any employeelobligor because of a support withholding. Pennsylvania State law
governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs.
9.* Withholding Limits: You may not withhold more than the lesser of. 1) the amounts allowed by the Federal Consumer Credit
Protection Act (CCPA) 0 5 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of
employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social
Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is
supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is
increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may
deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section.
Arrears greater than 12 weeks : If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the
employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts
allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of
the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the
CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health
care premiums in determining disposable income and applying appropriate withholding limits.
10. Additional info:
*NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state
that issued this order with respect to these items.
11. Send Termination Notice and
other correspondence to:
DOMESTIC RELATIONS SECTION
13 N. HANOVER ST
P.O. BOX 320
CARLISLE PA 17013
If you or your employee/obligor have any questions,
contact WAGE ATTACHMENT UNIT
by telephone at (717) 240-6225 or
by FAX at (717) 240-6248 or
by internet www.childsupport.state.pa.us
Page 2 of 2
Service Type M OMB No.: 0970-0154
Form EN-028 Rev.5
Worker I D $ IATT
ADDENDUM
Summary of Cases on Attachment
Defendant/Obligor: ESPOSITO, JOSEPH P.
PACSES Case Number 010108840
Plaintiff Name
LYNNE A. ESPOSITO
Docket Attachment Amount
04-3466 CIVIL$ 4,000.00
Child(ren)'s Name(s): DOB
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s): DOB
PACKS Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s): DOB
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
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s): DOB
Addendum Form EN-028 Rev.5
Service Type M OMB No.: 0970-0154 Worker ID $IATT
ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT
State Commonwealth of Pennsylvania
Co./City/Dist. of CUMBERLAND
Date of Order/Notice 04/20/10
Case Number (See Addendum for case summary)
Employer/Withholder's Federal EIN Number
PINNACLE HEALTH NURSING & SERV
C/O PAYROLL
PO BOX 8700
HARRISBURG PA 17105-8700
Employee/Obligor's Name (Last, First, MI)
184-44-6170
Employee/Obligor's Social Security Number
2687101767
Employee/Obligor's Case Identifier
(See Addendum for plaintiff names
associated with cases on attachment)
Custodial Parent's Name (Last, First, MI)
See Addendum for dependent names and birth dates associated with cases on attachment.
ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support
from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these
amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not
issued by your State.
$ 0.00 per month in current child support
$ o . oo per month in past-due child support Arrears 12 weeks or greater? s n"
$ 0.00 per month in current medical support C
$ o.oo per month in past-due medical support
n?rr: n? -
tv ? rn
$ o . oo per month in current spousal support
$ o. oo per month in past-due spousal support
$ 0.00 per month for genetic test costs
$ o. oo per month in other (specify)- A- r
$ one-time lump sum payment
for a total of $ 0 . oo per month to be forwarded to payee below. tv
You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match
the ordered support payment cycle, use the following to determine how much to withhold:
$ 0.00 per weekly pay period. $ 0. 00 per semimonthly pay period
(twice a month)
$ 0. 00 per biweekly pay period (every two weeks) $ 0. oo per monthly pay period.
REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10)
working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of
withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work
state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of
the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding,
the following information is needed (See #9 on page 2).
Pennsylvania law (23 PA C.S. § 4374(b)) requires remittance by an electronic payment method if an employer is
ordered to withhold income from more than one employee and employs 15 or more persons, or if an employer has
a history of two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections
and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE
42 000 00
Make Remittance Payable to: PA SCDU
Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112
IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown
above as the Employee/Obligor's Case Identifier) OR SOCIE OR O BE PROCESSED.
DO NOT SEND CASH BY MAIL.
BY THE COURT:
DRO: R.J. Shadday
OOriginal Order/Notice
010108840 OAmended Order/Notice
04-3466 CIVIL @TerminateOrder/Notice
OOne-Time Lump Sum/Notice
RE:ESPOSITO, JOSEPH P.
Albert H. Masland, Judge
Service Type M OMB No.: 0970-0154
Form EN-028 Rev.5
Worker I D $ IATT
ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS
If heck you are required to provide aopy of this form to your m loyee. If yo r employee vyorks in a state that is
diferent from the state that issued this order, a copy must be provi?edpto 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 employeelobligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow
the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent
possible. (See #9 below)
5. Termination Notification: You must promptly notify the Requesting Agency when the 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. 2322695080
THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : D THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: D
EMPLOYEE'S/OBLIGOR'S NAME:ESPOSITO, JOSEPH P.
LAST KNOWN HOME ADDRESS:.
LAST KNOWN PHONE NUMBER:
FINAL PAYMENT AMOUNT-
NEW EMPLOYER'S NAME/ADDRESS:
6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or
severance pay. If you have any questions about lump sum payments, contact the person or authority below.
7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have
withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless
the obligor is employed in another State, in which case the law of the State in which he or she is employed governs.
8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment,
refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law
governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs.
9.* Withholding Limits: You may not withhold more than the lesser of. 1) the amounts allowed by the Federal Consumer Credit
Protection Act (CCPA) 0 5 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of
employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social
Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is
supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is
increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may
deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section.
Arrears greater than 12 weeks : If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the
employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts
allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of
the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the
CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health
care premiums in determining disposable income and applying appropriate withholding limits.
10. Additional info:
*NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state
that issued this order with respect to these items.
11. Send Termination Notice and
other correspondence to:
DOMESTIC RELATIONS SECTION
13 N. HANOVER ST
P.O. BOX 320
CARLISLE PA 17013
EMPLOYEE'S CASE IDENTIFIER: 2687101767 DATE OF SEPARATION:
If you or your employee/obligor have any questions,
contact WAGE ATTACHMENT UNIT
by telephone at (717) 240-6225 or
by FAX at (717) 240-6248 or
by internet www.childsupport.state.pa.us
Page 2 of 2 Form EN-028 Rev.5
Service Type M OMB No.: 0970-0154 Worker ID $IATT
ADDENDUM
Summary of Cases on Attachment
Defendant/obligor: ESPOSITO, JOSEPH P.
PACSES Case Number 010108840
Plaintiff Name
LYNNE A. ESPOSITO
Docket Attachment Amount
04-3466 CIVIL$ 0.00
Child(ren)'s Name(s): DOB
PACKS Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s): DOB
f
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s): DOB
Service Type M
Addendum
OMB No.: 0970-0154
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s): DOB
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s): DOB
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s): DOB
Form EN-028 Rev.5
Worker ID $IATT