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HomeMy WebLinkAbout04-3474 v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA ~ NO. 04 -.J47l.j CiUll '7-~ : CIVIL ACTION - LAW CHRISTINE A. PEARSON, Plaintiff JAMES E. PEARSON, Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. rfyou wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request man"iage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, One Courthouse Square, 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 0 NE, GO TOO R TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Ave. Carlisle, PA 17013 (717) 249-3166 v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA C(.)~L~&",\ CHRISTINE A. PEARSON, Plaintiff : NO. O~ - .3'-1'1'i : CNIL ACTION - LAW JAMES E. PEARSON, Defendant : IN DNORCE COMPLAINT IN DIVORCE UNDER SECTION 3301 (C) OR 3301(0) OF THE DIVORCE CODE AND NOW COMES the above named Plaintiff by her attorney, Gary L. Rothschild, Esquire, and seeks to obtain a decree in Divorce from the above-named Defendant, upon the grounds hereinafter more fully set forth: COUNT I DIVORCE 1. Plaintiff is Christine A. Pearson, who currently resides at 1927 Kent Drive, Camp Hill, Cumberland County, Pennsylvania 17011, having so resided since 1992. 2. Defendant is James E. Pearson, who currently resides at 1927 Kent Drive, Camp Hill, Cumberland County, Pennsylvania 17011, having so resided since 1992. 3. Plaintiff and Defendant have both been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on June 28,1984 in West Palm Beach, Palm Beach County, Florida. 5. The Plaintiff has been advised ofthe availability of counseling and that she may have the right to request that the court require the parties to participate in counseling. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8. The Defendant is not a member ofthe Armed Services ofthe United States or any of its aIlies. 9. The Plaintiff and Defendant are both citizens of the United States. 10. Plaintiff avers that there is one minor child ofthe parties, namely Lacy N. Pearson, date of birth May 26, 1987. WHEREFORE, the Plaintiff prays your Honorable Court to: a) enter a Decree in Divorce from the bonds of matrimony, and b) such other relief as the Court may deem equitable and just. COUNT II EQUITABLE DISTRIBUTION 11. Paragraphs one (I) through ten (I 0) are hereby incorporated by reference herein as if fuIly set forth. 12. Plaintiff and Defendant possess various items of both real and personal marital property which are subject to equitable distribution by the Court. 13. Plaintiff requests equitable distribution ofthe parties' real and personal property. WHEREFORE, Plaintiff prays that Your Honorable Court: Date: (a) Equitab]y divide and distribute all property, persona] and rea] owned by the parties; and (b) Grant such further relief as the Court may deem equitable and just. 7hdo'l Respectfully submitted, By: 4'0' ~hiW.&ieA Supreme Court 1.D. No. 62041 2215 Forest Hills Drive, Suite 35 Northwood Office Center Harrisburg,PA ]7112 (7] 7) 540-3510 Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing Complaint in Divorce are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S 4904 relating to unsworn falsification to authorities. (-lfr -n'-l Date Q~cl.A r~~ ~ Christine A. Pearson -p0 "f~ B t w __ IN ~ r ~ -lq. lJ _ - tJ .c DO\) . . "1 C Crt C' c 0 I I ~;; ~R: --:t:-r G , }c \~... rr: '.I) "'," ~ ::-'~ " -, -, <-: CHRISTINE PEARSON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 04-3474 Civil Term JAMES PEARSON, Defendant : CIVIL ACTION - : AT LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you, and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you tbr any other claim or relief requested in these papers by the Defendant. You may lose money or property or other rights important 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 c~unselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Harrisburg, Pennsylvania. IF YOU DO NOT FllE A CLAIM FOR ALIMONY, DMSION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LmERTY AVENUE CARLISLE. PENNSYLVANIA 17013 (800) 990-910:8 CHRISTINE PEARSON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 04-3474 Civil Term JAMES PEARSON, Defendant : CIVIL ACTION - : AT LAW IN DIVORCE ANSWER AND COUNTERCLAIM ANSWER TO COMPLAINT IN DIVORCE Paragraphs one (l) through thirteen (13). PursUlmt to Pennsylvania Rule of Civil Procedure 1920.14, an answer to the allegations of an action for divorce is not required, and such allegations are deemed denied. COUNTERCLj~ COUNT ill - REOUEST FOR ALIMONY PENDENTE LITE AND ALIMONY UNDER SECTIONS 3701lAl AND 3702 OF THE DIVORCE CODE 14. The prior paragraphs, one (1) through thirteen (13) of this Answer and Counterclaim are incorporated herein by reference thereto. 15. Defendant is unable to sustain himself during the course of litigation. 16. Defendant lacks sufficient property to provide for his reasonable needs and is unable to sustain himself through appropriate employment. 17. Defendant requests the Court to enter an award of alimony pendente lite until final hearing and thereupon to enter an order of alimony in his favor pursuant to Sections 370I(a) and 3702 of the Divorce Code. WHEREFORE, Defendant respectfully requests the Court to enter an award of alimony pendente lite until final hearing and thereupon to enter an order of alimony in his favor pursuant to Sections 370I(a) and 3702 of the Divorce Code. COUNT IV - REOUEST FOR COUNSEL FEES. COSTS AND EXPENSES UNDER SECTIONS 3104(A)(1). 3323(B). 3702. AND 4351(A) OF THE DIVORCE CODE 18. The prior paragraphs, one (1) through seventeen (17) of this Complaint are incorporated herein by reference thereto. i' , 19. Defendant has employed the Law Offices of Patrick F. Lauer, Jr., L.L.C. to represent him in this matrimonial cause. 20. Defendant is unable to pay his counsel fees, cOsts and expenses and Plaintiff is more than able to pay them. i ,: 21. Plaintiff is employed and has the ability to pay Defendant's counsel fees, costs and expenses. , J 22. Reserving the right to apply to the Court for temporary counsel fees, costs and expenses prior to final hearing, Defendant requests that, after final hearing, the Court order Plaintiff to pay Defendant's reasonable counsel fees, costs and expenses. WHEREFORE, Defendant respectfully requests that, pursuant to Sections 3104(a)(I), 3323 (b), 3702, and 4351 ( a) of the Divorce Code, the Court enter an order directing Plaintiff to pay Defendant's reasonable counsel fees, costs, and expenses. COUNT V - COMPLAINT FOR CUSTODY The Defendant, through his attorney's, seeks to obtain custody of his minor child and makes the following averments in support thereof: 23. Paragraphs one (1) through twenty-two (22) are incorporated herein through reference. 24. Defendant is "Father," an adult individual, who currently resides at 12 Richland Lane, Apt T -7, Camp Hill, Cumberland County, and State of Pennsylvania. II 25. Plaintiff is "Mother," an adult individual, who currently resides at 502 Porsche Terrace, Camp Hill, Cumberland County, and State of Pennsylvania. 26. Defendant seeks custody of the following minor child: Name: Address: Age: Lacy Pearson 12 Richland Lanl~, Apt T-7 Camp Hill, PA 17011 17 years 27. The child was not born out of wedlock. 28. The child is presently in the custody ofI'ather, whose address is 12 RicWand Lane, Apt T -7, Camp Hill, Cumberland County, and State ofl'ennsylvania. 29. During the past five years, the child has resided with the following persons at the following address: Persons: Address: Dates James Pearson Christine Pearson 1927 Kent Drive Camp Hill, PA 17011 September 1999- September 10,2004 James Pearson 12 RicWand Lane, Apt T-7 Camp Hill, PA 17011 September 10,2004- Present 30. The Father of the child is James Pearson, who currently resides 12 RicWand Lane, Apt T -7, Camp Hill, Cumberland County, and State ofPlmtlsylvania. He is Manied. 31. The Mother of the child is Christine Pearson, who currently resides at 502 Porsche Terrace, Camp Hill, Cumberland County, and State of Pennsylvania. She is Manied. 32. The relationship of Defendant to the child is that of Father. Defendant currently resides with the following people: Names: Relationship: II ,. Jason Pearson Son 33. The relationship of Plaintiff to the child is that of Mother. Plaintiff currently resides alone. 34. Defendant has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or alllother court. 35. Defendant has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 36. Defendant does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child 37. The best interests and permanent welfam of the child will be served by granting the relief requested because Defendant is in a better position to take care of the child as both father and Primary Caregiver for the child's entire life, and the child has made a decision to remain with the Defendant. 38. Each parent whose parental rights to the child has not been terminated and the person who has physical custody of the child have been named as parties to this action. granting him custody of the child. . Caraciolo, Esquire 08 arkllt Street, Aztec Building amp Hill, Pennsylvania 17011-4706 ID# 90919 Tel. (717)763-1800 Date: (C/ /oi 01 ( II CHRISTINE PEARSON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAl'1D COUNTY, PENNSYL VANIA vs. : No. 04-3474 Civil Term JAMES PEARSON, Defendant : CIVIL ACTION - : AT LAW IN DIVORCE VERlFICA nON I verif'y that the statements made in the for,egoing document 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. -1*;- Signature: ~t-- James Pearson II i CHRISTINE PEARSON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 04-3474 Civil Term JAMES PEARSON, Defendant : CIVIL ACTION - : AT LAW IN DIVORCE CERTIFICATE OF SERVICE I hereby certifY that I am this day serving a copy of the foregoing Complaint for Divorce and Custody upon the person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by mailing a copy of the same, certified mail, return receipt requested, to the person named as follows: The Law Offices of Gary L. Rothschild 2215 Forest Hills Drive Suite 35 Northwood Office Center Harrisburg, PA 17112 Date: 10 /e; 7101 { '( e D. Caraciolo, Esquire 08 Markt:t Street, Aztec Building amp Hill, Pennsylvania 17011-4706 10# 90919 Tel. (717) 763-1800 ~./. . _." ~~ )>. u:: ~ '" .;:::: .... w '" ..... \... "- w ...s '<> I .. "- -- <> a ~ ~ :r '" ::>1 ~ ~ ~) g ~ ~ ~(J r ~ r ~ .. () c:: r~::!{/; "-0 c-, c'~ :;.. -<- c::o C') ~-.} I G::> <;;:) . /~;~ c' f...() 5f? :-;:.' /i,'€:i -", ~-'\ ;', .', , , '1 CHRISTINE PEARSON PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v, 04-3474 CIVIL ACTION LAW JAMES PEARSON DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, October 20, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 301 Market Street, Lemoyne, P A 17043 on Thursday, November 11, 2004 at 1 :00 PM for a Pre-Hearing Custody Conference, At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order, All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearin!!:. FOR THE COURT. By: Isl Melissa P. Greevv. Esq. Custody Conciliator mhc The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990, For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the COUlt, You must attend the scheduled conference or hearing. YOU SHOULD TAKE TillS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3] 66 ~.~ ~ ~ ~t? ~Cl.t;?c.~/ ~c7 fp ~ ~ ~ .hO.or.OI J.7nV;f fJ:P ~ ~ ~.P'fJ /1Cl' (lea 01 !.S~?I 0:'L"" u' i I n'>'Z '-' . '- '- 11.11) CHRISTINE A. PEARSON, Plaintiff/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE JAMES E. PEARSON, DefendantJPetitioner NO. 2004-3474 CIVIL TERM IN DIVORCE Pacses# 711106841 ORDER OF COURT AND NOW, this 20th day of October, 2004, based upon the Court's determination that Petitioner's monthly net income/earning capacity is $N/A and Respondent's monthly net income/earning capacity is $N/ A, it is hereby Ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit, $150.00 per month payable monthly as follows; $150.00 for alimony pendente lite and $0.00 on arrears. First payment due next pay date. Arrears set at $300.00 as of October 20, 2004. The effective date ofthe order is September 15, 2004. This Order is based upon an agreement of the parties. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa.C.S.s 3703. Further, if the Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and its discretion make an appropriate Order, including, but not limited to, commitment of the Respondent to prison for a period not to exceed six months. Said money to be turned over by the P A SCDU to: James Pearson. Payments must be made by check or money order. All checks and money orders must be made payable to P A SCDU and mailed to: PA SCDU P.O. Box 69110 Harrisburg, PAl 7106-911 0 Payments must include the defendant's P ACSES Member Numbe:r or Social Security Number in order to be processed. Do not send cash by mail. C') C1 r,,J ,;:;'~ ": '.~'" ,." ~. "" ~:~~ -c- o C'") "') ~i'i -; f'., ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 10/20/04 Tribunal/Case Number (See Addendum for case summary) o Original Order/Notice o Amended Order/Notice o Terminate Order/Notice ';YI 02M'I-3'i7'/ ('/I/L PiIeSES 7 III t) {p ~ </1 y;; 83<1.$ .;zoO'>~ fJIKSi!; 7'1;V 0 {p 7 yb RE, PEARSON, CHRISTINE A. Employee/Obligor's Name (Last, First, Mil 507-86-1970 Employee/Obligor's Social Security Number 4172101393 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, Mil EmpJoyerMlithholder's Federal EIN Number SYNERTECH HEALTH SYSTEMS PO BOX 69300 HARRISBURG PA 17106-9300 SOLUT See Addendum for dependent names and birth dates associatl~ with cases on attachment. ORDER INFORMA TlON: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 775.01 per month in current support $ 21. 67 per month in past-due support Arrears 12 weeks or greater? Oyes @ no $ 0.00 per month in medical support $ 0 . 00 per month for genetic test costs $ per month in other (specify) for a total of $ 796.68 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: $ 183.85 per weekly pay period. $ 367.70 per biweekly pay period (every two weeks). $ 398.34 per semimonthly pay period (twice a month). $ 796.68 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's! obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #10 on pg. 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at1-B77-676-95BO for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PA YMENTS MUST INCLUDE THE DEf,MipANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor'S.G1~/It.,,'I"HAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. ~':.J.I';' . -~"r - ~) _ JO.Cl./-O BYTHE URT: ~ Date of Order: OCT 2 1 2nO. ~v '.f \(6.~ (3"(){;1'f1e ,d.~ Vt'EY ..J 'IX.~ Form EN-02B Service Type M OMB No.: 0970-0154 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS o If ,hecked you are required to provide a copy of this form to your employee. If your empioyee works in a state that is ditterent from the state that issued this order, a copy must be provided to your employee even if the box is not checked. 1. We appreciate the voluntary compliance of Federally recognized Indian tribes, tribally-owned businesses, and Indian-owned businesses located on a reservation that choose to withhold in accordance with this notice. 2. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 3. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 4. '-Reportil,g tl,e Payd.te/Oate of Witl ,I ,aiding. \'6" ,",u,t "'pM the p'ydate/date-t>fwithholdi"g ..he" ,e"di',g lhe p.yn,e"t. fhe- paydatc,'Jate of nitl,l,oldihg i3 ti,e dare 011 nll;d, arlloUllt mH nitl.Lc.I(i (10111 tI,e: el"ploy,~e's ndges. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 5.' Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #10 below) 6. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. WITHHOLDER'S ID: 2324238020 EMPLOYEE'S/OBLlGOR'S NAME: EMPLOYEE'S CASE IDENTIFIER: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: PEARSON. CHRISTINE A. 4172101393 DATE OF SEPARATION: 7. Lump Sum Payments: You may be required to report and withhold from lump sum pcJiyments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. B. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 10.' Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.5.c. 91673 (bI1; or 21 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 (AOWE). AOWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. 11. Additional Info: 'NOTE: If you or your agent are served with a copy of this order in the state thalt issued the order, you are to follow the law of the state that issued this order with respect to these items. Submitted By: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (7171 240-6225 or by FAX at fZ1ZL240-6248 or by internet www.childsupport.state.pa.us Service Type M Page 2 of 2 Form EN-02B Worker ID $IATT OMB No.: 0970-0154 ADDENDUM Summary of Cases on Attachment Defendant/Obligor: PEARSON, CHRISTINE A. PACSES Case Number 711106841 Plaintiff Name JAMES E. PEARSON Docket Attachment Amount 04-3474 CIVIL$ 150.00 Child!ren)"s Name!s): DOB PACSES Case r,umber 742106740 Plaintiff Name JAMES E. P:!:ARSON Docket Attachment Amount 00834 S 2004 $ 646.68 Child!ren)"s r,ame(s): DOB o If checked, you are required to enroll the child!ren) identified above in any health insurance coverage available through the employee's/obligor's employment. o If checked, you are required to enroll the child!ren) identified above in any health insurance coverage available through the employee's/obligor's employment. 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 o If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. o If checked, you are required to enroll the child!ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name PACSES Case Number Plaintiff Naml~ Docket Attachment Amount $ 0.00 Child(ren)"s Name(s): DOB Docket Attachment Amount $ 0.00 Child!ren)"s Name(s): DOB o If checked, you are required to enroll the child!ren) identified above in any health insurance coverage available through the employee's/obligor's employment. o If checked, you are required to enroll the child!ren) identified above in any health insurance coverage available through the employee's/obligor's employment. Addendum Form E N-028 Worker ID $IATT Service Type M OMBNo,;0970-0154 en (.:'j ~,{c:_. ~'mnrrttffi'v:t'i ~" c';,'-, c::.' ~ ::j-~ C-l :"') -,'" f'\) II CHRISTINE PEARSON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 04-3474 Civil Term JAMES PEARSON, Defendant : CIVIL ACTION - : AT LAW IN DIVORCE PRAECIPE WITHDRAWING CUSTODY COMPLAINT To Prothonotary: Kindly withdraw the Complaint for Custody for the above captioned civil action on behalf of my client, James Pearson. Date: 10/:>-5/0 r t { CC: Attorney Rothschild Attorney Greevey h D. Caraciolo, Esquire I 8 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID#90919 Tel.(717)763-1800 r--' 0,;:::,,;' c:::> .f-- a C) ...... N -..I ::-:j -<. ::if 1;? c.:> t..J o ., ::;:l ;::.,-:;,::D ,- _:,1"'11 s5; ':;.IC -~.-~'~ ,,".)0\ ., ~'~ NOV 0 1 2004 ~/ Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-3474 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CHRISTINE PEARSON, v. JAMES PEARSON, Defendant ORDER TO RELINQUISH JURIStllCTION AND NO~ this 2th day of October, 2004, counsel for thE~ Defendant having filed a Praecipe Withdrawing Custody Complaint in this action, the Conciliator hereby relinquishes jurisdiction of the above captioned matter. FOR THE ~ B~:ft Ie/~ Melissa Peel Greevy, Esquire Custody Conciliator :238191 V\~ ~.i'7/t\~\ll.:S~ ~,!t ~3(J I ll\jn:-'-' r'~.' ,."" ,~O,": ','r' " i\JJ~1 k.).} ... '", ,_'.;.,::-.!H \v ., \ :t: Hd Z - 'IQN ~GUZ J-H'ilONOH10dd 3\-11:10 3:)1~::lO-{J31\j - CHRISTINE PEARSON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 04-3474 JAMES PEARSON Defendant CIVIL ACTION: LAW IN DIVORCE PRAECIPE FOR ENTRY WITHOUT LEAVE OF COURT (Rule 1012 (b) (2) (ii) To The Prothonotary: Enter my appearance on behalf of the Plaintiff, Christine Pearson. Robert A. Berry, Esq. has entered his appearance for the aforementioned party. I hereby certifY that this change is not intended to nor will it, delay this proceeding to the best of my knowledge, information or belief. Papers may be served at the address set forth below. Date: ~ Robert A. Berry, Esq. Law Offices of Robert P. O. Box 929 Harrisburg, Pa. 17108 (717) 232-6768 (717) 232-5506 RABerry99@aol.com Attorney For Plaintiff #39197 ------- ,-) -n i..-, 01 CHRISTINE PEARSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 04-3474 Civil Term JAMES PEARSON, Defendant : CIVIL ACTION : AT LAW IN DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE To the Prothonotary: Please enter the appearance ofthe undersigned as counsel for the Plaintiff in the above-captioned matter. Date: ~.;s. ~~ Robert A. Berry, Esquire Sup. Ct. LD. No. 39197 P.O. Box 929 Harrisburg, P A 17108-0929 (717) 232-6768 ----- PRAECIPE FOR WITHDRAWAL OF APPEARANCE To the Prothonotary: Please withdraw the appearance of the undersigned as counsel for the Plaintiff in the above-captioned matter. Date: '-1,/ ' '/13);5 4~#' Gary . Rothschild, EsqUire Sup. Ct. J.D. No. 62041 2215 Forest Hills Drive, Suite 35 Harrisburg, P A 17112 (717) 540-3510 .-.... '" ..--- t.:i ,:",'1 - _.' - - --- '- In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION JAMES E. PEARSON ) Docket Number 04-3474 CIVIL Plaintiff ) VS. ) PACSES Case Number 711106841 CHRISTINE A. PEARSON ) Defendant ) Other State ID Number PETITION FOR MODIFICATION OF AN EXISTING SUPPORT ORDER 1. The petition of JAMES E. PEARSON respectfully represents that on OCTOBER 20, 2004 , an Order of Court was entered for the support of JAMES E. PEARSON A true and correct copy of the order is attached to this petition. Service Type M Form OM-50 I Worker ID 21502 " , PEARSON V. PEARSON 2. Petitioner is entitled to ~ease PACSES Case Number: 711106841 o decrease 0 termination 0 reinstatement o other of this Order because of the following material and substantial change(s) in circumstance: (J-ffL;O SvfloKi ,.,/ 'I <:'1 U,~I /J // ~/~ . -:-~ 1.I"-!!.~ CLn z /'7.-:~ V;f;.J14lJ.JA-I-=;:;..-. WHEREFORE, Petitioner requests that the Court modify the existing order for support. Petitioner . Attorney for Petitioner I verify that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~ 4904 relating to unsworn falsification to authorities. G/;fj~ Dite ~ Service Type M Page 2 of2 Form OM-50 I Worker ID 21502 n ("'.' -';.: r-' = ~-;r .,;;, <- ~:~, .- - U1 -0 ::h - ":"? o -n :(.,-, rn r-: ___ (T'I ti~is\ s~~ ':1:1 :c,;: - o - RECEIVED JUN 16 ZOO5i~J In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION JAMES E. PEARSON ) Docket Number 04-3474 CIVIL Plaintiff ) VS. ) PACSES Case Number 711106841 CHRISTINE A. PEARSON ) Defendant ) Other State ID Number PETITION FOR MODIFICATION OF AN EXISTING SUPPORT ORDER 1. The petition of JAMES E. PEARSON respectfully represents that on OCTOBER 20, 2004 , an Order of Court was entered for ' A.EL 1M JAMES E. PEARSON A true and correct copy of the order is attached to this petition. Service Type M Form OM-50 I Worker ID 21502 . PEARSON v. PEARSON 2. Petitioner is entitled to ~rease IPACSES Case Number: 711106841 o decrease 0 termination 0 reinstatement o other of this Order because of the following material and substantial change(s) in circumstance: CHIG7) Svflod o!.-yc:.,c !IriS. PA~3-; r&J14. '1.')/fT~ WHEREFORE, Petitioner requests that the Court modify the existing order for support. Petitioner Attorney for Petitioner I verify that the statements made in this complaint are tme 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. tLflo5 Dite (~ Service Type M Page 2 of 2 Form OM-50 I Worker ID 21502 C) c:, ~ '5'- <- c;: -- ~ ~',: l:-. ";%, :< q, :1..,., -n-:.;;:. \: \r0 ~9,y ":'~j I!:.:> -.-\ -n .,-'~:0 (" C~ 'J.:.f' 7--, ~.:::'.I -~'f1 ',"" -c~ :;..... '"" .' (~, '-'" ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 07/05/05 Case Number (See Addendum for case summary) o Original Order/Notice o Amended Order/Notice o Terminate Order/Notice JJl/ I~ 0/00</ -,5'17'1 (~tI!'- 7//16(, ~<l1 RE: PEARSON, CHRISTINE A. Employee/Obligor's Name (Last, First, Mil 507-86-1970 Employee/Obligor's Social Security Number 4172101393 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on atfachm(>nt) Custodial Parent's Name (Last, First, Mil EmployerANithholder's Federal EtN Number SYNERTECH HEALTH SYSTEMS PO BOX 69300 HARRISBURG PA 17106-9300 SOLUT See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMA TlON: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 150.00 per month in current support $ 0 . 00 per month in past-due support Arrears 12 weeks or greater? 0 yes @ no $ 0 . 00 per month in current and past-due medical support $ 0 . 00 per month for genetic test costs $ per month in other (specify) for a total of $ 150.00 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: $ 34.62 per weekly pay period. $ 69.23 per biweekly pay period (every two weeks). $ 75.00 per semimonthly pay period (twice a month). $ 150.00 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 paydateldate of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PA YMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as Ihe Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. ..... '] :~) ~; )'J!..2 ~'e 0' Do'" JUL - 6 1005- ' -.. "-7:t:$ " '"' ~ 1 d'1 {;:6bl'/1e e. ~yL?Y ~" Form EN-028 Service Type M OMBNo.:n970-01S4 Worker 10 $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OlrHER WITHHOLDERS D If checked you are required to provide a copy of this form to your employee. If your employee works in a state that is different from the state that issued this order, a copy must be provided to your employee even if the box is not checked. 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 empl:oyee/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. * Rt::J-'vd;1I5lln:: rClyJdkfDak v('N;L1llluIJ;r'5' Yvumnst.C:j.Ju,t lln:::J-'<1yJCJtclJ<lk uf vv;ll,l,uIJ;"5 vvln::1l send-ingthe-\JaYIlIt::III.- -The-- paydate!date ofwithtmlding~;~thed_on whichamountw",,,itl,I,eIJ fromthe~empioy<""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 fOlWard 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. ISee #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 2324238020 EMPLOYEE'S/OBlIGOR'S NAME: PEARSON, CHRISTINE A. EMPLOYEE'S CASE IDENTIFIER: 4172101393 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.' Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.s.c. 91673 Ib)1; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings IADWEI. ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxesi Social Security taxesi 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. Additionallnlo: 'NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Submitted By: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at lZlZl.. 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Worker ID $IATT Service Type M OMB No.' OQ7Q-Ql.'i4 ADDENDUM Summary of Cases on Attachment Defendant/Obligor: PEARSON, CHRISTINE A. PACSES Case Number 711106841 Plaintiff Name JAMES E. PEARSON Docket Attachment Amount 04-3474 CIVIL$ 150.00 Child(ren)'s Name(s): PACSES Case Number Plaintiff NamE~ DOB Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB o If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. o If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name PACSES Case Number Plaintiff NamE: Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB o If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. Olf checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the ernployee's/obligor's employment. PACSES Case Number Plaintiff Name PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Docket Attachment Amount $ 0.00 Child(ren)'s I,ame(s): DOB o If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. o If checked,. you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. Addendum Form EN-028 Worker ID $IATT Service Type M OMS No.: 0970-0154 ,:] r'''j r'j f_~ C (") "-> c:; = ~ = <.n .'[ <- :e-" ;'j c:: e- m- I -0 hi ..., :og 0 -., J -n ~l= =r; C :t\: 0- ;7(") C'':'- W (jrn :os 'i"' -< e..) :D CO -< CHRISTINE PEARSON, Plaintiff/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - mVORCE JAMES PEARSON, Defendant/Petitioner NO. 2004-3474 CIVIL TERM IN DIVORCE PACSES #7\1106841 ORDER OF COURT AND NOW, this 3" day of August, 2005, a petition has been filed against you, Christine Pearson, to increase an existing Alimony Pendente Lite Order. Y Oll are ordered to appear in person at the Domestic Relations Section, 13 North Hanover Street, Carlisle, Pennsylvania, on September 2, 2005 all 0:30 A.M. for a conference and to remain until dismissed by the Court. If you fail to appear as provided in this Order. an Order of Court may be entered against you. You are further ordered to bring to the conference: (I) a true copy of your most recent Federal Income Tax Return., including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by the Rule 1910.11. (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, George E. Hoffer, President Judge Copies mailed 8-4-05 to:< Petitioner Respondent Joseph Caraciolo, Esquire Robert Berry, Esquire 11' ;JLJ~ Date of Order: August 3. 2005 R. J. Sl adday, Conference Officer YOU HAVE THE RIGHT TO A LAWYER, WHO MA Y ATTEND THE CONFERENCE AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CA:-lNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 g ~ ~ :c ~Qj ~ \~ I!Jr'- Z.:\ G"> zr , dJ. J. ~I c.Jl -0 ~a :zc, $ :pL) c.? c: "'I ~ v> ~ 0:> II 1 CHRISTINE PEARSON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 04-3474 Civil Term JAMES PEARSON, Defendant : CIVIL ACTION - : AT LAW IN DIVORCE DEFENDANT'S MOTION FOR AN ORDER TO COMPEL PLAINTIFF. CHRISTINE PEARSON. TO ANSWER INTERROGATORIES AND NOW, comes the Defendant, James Pearson, by and through his attorneys, the Law Offices of Patrick Lauer, Jr., LLC, and petitions this court to enter an Order pursuant to Pa. R.C.P. 1930.5(b) and 40 1 9(a)(l)(i) for failure of Plaintiff, Christine Pearson, to answer Interrogatories, and in support thereof, avers the following: 1. The Petitioner is James Pearson, an adult individual who is named the Defendant in the above captioned matter. 2. The Respondent is Christine Pearson, an adult individual, who is the named Plaintiff in the above captioned matter. 3. On July 19,2004, Plaintiff filed a Complaint in Divorce under 3301(c) or 3301(d) of the divorce code and included a count for equitable distribution. (See attached exhibit "A"). 4. Interrogatories were served on Plaintiff on April 20, 2005, in order to determine the marital assets and debts for the count for equitable distribution (See attached exhibit "B"). 5. Plaintiff's verified answers to such Interrogatories were due on or before May 20, 2005. II 6. Defendant has not received any verified answers to the Interrogatories on or before May 20, 2005. 7. Defendant is entitled to answers to his Interrogatories because the information is relevant to the count for equitable distribution in dividing the marital assts and marital debts. 8. Defendant's counsel has contacted Plaintiff's counsel by telephone on nwnerous occasions in a good faith effort to resolve this discovery dispute. 9. On June 14,2005 Defendant's counsel spoke with Plaintiff's counsel and was informed that the interrogatories were being finalized and would be forwarded to Defendant. 10. On June 30, 2005, Defendant's counsel sent a letter to Plaintiff's counsel indicating that the answers to the Interrogatories have not been received. (See attached Exhibit "C" and altered to avoid publication of settlement negotiations). II. Plaintiff's verified answers to Interrogatories have not been received. WHEREFORE, the Defendant respectfully requests this Honorable Court to order Plaintiff to provide verified answers to the Interrogatories more fully set forth in Exhibit "B" within twenty (20) days. ./) Date:01r/o,!ur ( ( h D. Caraciolo, squire 8 Markt:t Street, Aztec Building p Hill, Pennsylvania 17011-4706 # 90919 Tel. (717) 763-1800 II CHRISTINE PEARSON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 04-3474 Civil Term JAMES PEARSON, Defendant : CIVIL ACTION- : AT LAW IN DIVORCE ATTORNEY VERIFICATION The undersigned, Joseph D. Caraciolo, Esquire, hereby verifies and states that: I. He is the attorney for the Defendant James Pearson; 2. He is authorized to make this verification on his b~half; 3. The facts set forth in the foregoing Motion are known to him and not necessarily to his client; 4. The facts set forth in the foregoing Motion are true and correct to the best of his knowledge, information and belief; and 5. He is aware that false statements herein are made subject to the penalties of 18 Pa. C.S. , Date:O~~)~S ( ( 4904, relating to unsworn falsification to aUthOrities... / // / R~/l~U ph D. Caraciolo, Esquire 08 Markt:t Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 90919 Tel. (717) 763-1800 II CHRISTINE PEARSON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 04-3474 Civil Term JAMES PEARSON, Defendant : CIVIL ACTION- : AT LAW IN DIVORCE CERTIFICATE OF SERVICE I hereby certifY that I am this day serving a (:opy of the foregoing DEFENDANT'S MOTION FOR AN ORDER TO COMPEL PLATI'ITIFF, CHRISTINE PEARSON, TO ANSWER INTERROGATORIES upon the person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rulles of Civil Procedure, by mailing a copy of the same, certified mail, return receipt requested, to the person named as follows: Robert A. Berry, Esq. P.O. Box 929 Harrisburg, P A 17108-0929 (Attorney for Plaintiff) "} !Date:ox-f5'/;r ( Respectfull;;tfbm7d, if. / ../ //?t- L/~ Jos D. Caraciolo, Esquire 2 8 Markd Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 90919 Tel. (717) 763-1800 EXHIBIT A f r CHRISTINE A. PEARSON, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CI~~L~€R--Y1 : NO. 04 -- 3l.f7LJ : CIVIL ACTION - LA. W JAMES E. PEARSON, Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are: warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or ilTetrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, One Courthouse Square, 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 AllfFORD 0 NE, GO TOO R TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Ave. Carlisle, PA 17013 (717) 249-3166 ,; TR!~E COpy FROM RECORD In Testlillooy whereof, I here unto set my hand ar.~ the S6 I of said COil a Carlisle. Pa. fhls day 01 ---- CHRISTINE A. PEARSON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. CNIL ACTION - LAW JAMES E. PEARSON, Defendant IN DNORCE COMPLAINT IN DIVORC]~ UNDER SECTION 3301 (C) OR 3301(D) OF THE DIVORCE CODE AND NOW COMES the above named Plaintiff by her attorney, Gary L. Rothschild, Esquire, and seeks to obtain a decree in Divorce from the above-named Defendant, upon the grounds hereinafter more fully set forth: COUNT I DIVORCE 1. Plaintiff is Christine A. Pearson, who currently resides at 1927 Kent Drive, Camp Hill, Cumberland County, Pennsylvania 17011, having so resided since 1992. 2. Defendant is James E. Pearson, who currently resides at 1927 Kent Drive, Camp Hill, Cumberland County, Pennsylvania 17011, having so resided since 1992. 3. Plaintiff and Defendant have both been bona fide n:sidents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on June 28,1984 in West Palm Beach, Palm Beach County, Florida. Date: (a) Equitably divide and distribute all property, personal and real owned by the parties; and (b) Grant such further relief as the Court may deem equitable and just. //;~/o'-/ Respectfully submitted, By: () Gary _ . Ro sehild, Esquire Supreme COUl1t LD. No. 62041 2215 Forest Hills Drive, Suite 35 Northwood Office Center Harrisburg,PA 17112 (717) 540-3510 Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing Complaint in Divorce are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 9 4904 relating to unsworn falsification to authorities. t- \~. -n~ Date ~\ (\ Lc I, sl,-- A- ro c....v-<-.- Christine A. Pearson . EXHIBIT B / CHRISTINE PEARSON, Plaintiff IN THEcCOURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. No_ 04-3474 Civil Term JAMES PEARSON, Defendant CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S FIRST SET OF INTERROGATORIES TO PLAINTIFF TO: Christine Pearson C/O Robert A. Berry, Esq. P.O. Box 929 Harrisburg, PA 17108-0929 f;] filE COPY PLEASE TAKE NOTICE that you are hereby required pursuant to Pennsylvania Rules of Civil Procedure No. 1930.5 and No. 4001, et seq., to serve upon the undersigned, within thirty (30) days after service of this. Notice, your Answers ih writing 'uhderoath to the following Interrogatories. ?(/~ Date: 0 '1/ ).g1(J~~ . ( BY: Jo eph D. Caraciolo, Esquire 2 08 Market Street, Aztec Building amp Hill, Pennsylvania 17011-4706 ID# 90919 Tel. (717) 763-1800 Attorney for Defendant DEFINITIONS AND INSTRUCTIONS Answer every Interrogatory. No question is to be left blank. If the answer to an Interrogatory is "none" or "unknown", that must be written in the answer Whenever a date, - amount or other computation or figure is requested, the exact date, amount, computation or figure is to be given unless it is unknown. If so, give the best estimate., .or approximation thereof and note that :;;uch answer is an estimate or approximation. A. Whenever the term "document" is used herein, it includes (whether or not specifically called for) aLL printed, typewritten, handwritten, graphic or recorded matter, however produced or reproduced and 'however formal or informal. In lieu of identifying documents, you may supply the documents or true and correct copies thereof. B. "Identify," when used in reference to a persoh, means to state in the answer in each instance her/his full name, present or last known residence address and telephone number of his/her present employer and position, if known. C.. "Identify" when' used in reference to a writing or document, means to state in the answer in each instance whether or not. such document is known to be in existence at the time of making the answer, and (i) the date of the document; (ii) the type of document, e. g., letter, memorandum; (iii) the presept or last known .location (s) and custodian (s) o.f the document and all of its copies; ('\(i). the name, address, 'employer and position of each person who signed and/or prepared the document; (v) the document was sent; and (vi) a brief statement of th~ subject matter of each documl"J;lt. If any such document - is . no longer in c\:ispositioI). WaEi made of it, the date, aI)d the identity of the person or persons responsibl<O! fol;' such disposition and policy, rule, order 'or ,other authority by which such disposition was made, D, When<O!ver you are asked. to "identify" an oral communication, the following information. should be given as to each oral communication.of which you are aware, whether or not you or others were present or participated therein: 1. State you name, age, date of birth, residence address, telephone number, social security number, and any:;other namE::ls by which you. have been known, identifying the times and places during which you were known by other names. ANSWER: 2. Are you employed? If so, for each employment that you hold, state: .a. Name and_address of employer b. Date of Commencement of employment; c, Name, title and address of your immediate supervisor; d. Your job title and description of duties; e. Your.hours and rate of pay on ear-nings; specifying gross average weekly salary, wages, commissions, overtime pay and bonuses, . etc.; f.. Expense and drawing accounts and allowances for transportation and other accommodations and expenses; ANSWER: 3. Are you unemployed? If $0, please list each employer you have held .within the previous ten years along with: a. Name and address of employer . b. Date of Commencement of employment; c. Date of Termination of employment; d. Reason for Termination ofemployrr.ent; e. Name,title <;tnd address of your immediate supervisor; f. Your job title and description of duties; g. Your hours and r<;tte of pay on earnings, specifying gross aver<;tge weekly salary,. wages, co!llIllissions, overtime pay and bonuses, etc.; h. Any property offer made to you in direct response to, or anticipation of, your unemployment. 4. FOr each employment that you hold or have held in the past, state whether you participate; .or have a right to participate, or have in the past participated in any the following e~ployment related benefits: a, . Defined Benefit retirement plan; b. [)efined, contribution plan; c. Money purchase pension plan; d. Any other ,type of employee pension plan;, e. Sq.vingsor thrift plan; f. Cash or deferre.d plan (401) (k); .. g. ProUt, $haring plan: . h, Employee stock ownership (includinq tax credit or payroll tax credit employee stick ownership plan); i. Stock.bonus pLan: j. Tax deferred, 403 (b) annuities; k. Non~qualified, deferred compensation plans, including exce$S benefit plans, whether or not refunded; 1. Executive stock option plans, including incentive stock option plans; m. Welfare or insurance plans including group term life insurance and medical insurance; n. Voluntary employee's beneficiary association (VEBA); o. Any other employment related benefit not disclosed in your Answers to these Interrogatories. For each benefit identified above in which ,you participate,or hq.ve..pq.rticipated, state..thebenefit or a~Qunt you receive; identify the administrator of sUGh l;>en\=fit by name, address; title; and the current value of the benefit. ANSWER: 5. List and identIfy all sources of income you have, including employment, rents,.dividends, interest, annuities; trusts, etc., stating the amount received from each by you for the last three years, ANSWER: 6. As of the date of your separation, please provide a complete listing of all'p.roperty you removed from the marital residence, haveih your possession, or have taken as separate property, a monetary value for'the property, and .the manner in which you. calculated the value and its current locations and .custodian. ANSWER: 7. A$.to the items identified in answer t:o the preceding interrogatory, indicate wJ:lether tho$~'-ci tems_~Q.r~,_..inyour opinion, marita~ or non-marit~l assets and the pasis of which you have made such determination. ANSWER: 8. Have any of the items identified in answers to the two preceding interrogatories been sold, or otherwise disposed of, since the date of separation? If so, please identify: a. ~ach and every item that has been sold or disposed of; b. Tne date each item was sold or disposed of; c.. The person each item was sold to; d. The means by which each item was disposed of; e. The amount each item was sold for; f. The receipt for the sale of each item; g. The disposition of anyfuhds received for the sale of such items; ANSW~R: 9. Have any.of tjle items identified in answers to thE) three preceging interrogatqries been stolen, misplaced, or otheiwise removed from your possession since the date of separation? If so, please identify: a. ,Each and every :item that has, been stoJ,en, misplaced, or other~ise removed from your possession; b. .The date each item was stolen, misplace<:i, or otherwise removed from your possession; c. .. The va,lue of each,itemstqlen, mispla,ced, or otherwise removed from your possession; d.. The means by which each item was stolen, misplaced, or otherwise removed from your possession; e. Any amount received as compensation paid, replacement cost, punitive damages, or any other value, for each item stolen, misplaced, or otherwise removed from your possession;, f. The names, address, and. any correspondence with any investigating officer, or other law enforcement agent, associated with any item stolen, misplaced, or otherwise removed from your possession; ANSWER: ;,:' ,. 10. Please provide information regarding ':he investigation of such stolen property, including any statements given to police, and any updates, o,r cotnmy.nicatioT\s, from police regardin<;) the search, "Include within this answer" all names and, address' of ag.encie;; contacted regarding' tri.e property, or aIJ.Y and all third party outlet centers contacted regarding the property. ANSWER: 11. As of the date of separation, please provide the names and addresses of, all people who had access to your residence; or other place that you, have lived or slept. Include any person who may have had i'l,ccess, by key or otherwise, either with permission or witri.Qut. ANSWER: 12. For the past five years, list all insurance policies that you own, that insure you or your property or in which you ,are, beneficiary, identifying the same by type of, insurance, company policy Dumber, coverage or amouDt; ideDtify, includiDg Dame" address aDd relation~hip of custodian insured and beDeficiary, premium paid and'casri. value. AIilSWER: ,.; 13. As of the date of separation, please identify by account number, and bank name or, financial, institution, each and !=.very bank accQunt,wlwther savings, share or checkinsr,tl}at you had an interest, in including the names of, the institution and office, the account nuIDbet, the current balance of, the account, and the names, addressed and rei~tioilshipof all owners or authcitiz~d users of the account. ,,' " ANSWER: 1'1., With regard to the accounts identified,in answer to the'prior interrQgatories, identi~y the amounts in each, as of the date of separation ailddescribe any transactions in the ,accounts since the date of separation: ANSWER 15. Identify all assets owned by you or titled in your name, including, but not limited to, real estate, stocks, bond,s, CD's, securities, mutual funds, automobiles, trucks, intangible;;, trailers,boat;;, airplanes, ,mobile, homes, or other vehicles, identifying the Same by name, model, serial number, purchase price and date, current" value, location and custodian. ANSWER: 16. Identify all debts, liabilities, char<;res, bills or claims, contingent or liquidated, secured or unsecured, against you, identify the same; iJ.1cluding account, thecollr;;e of the same, the date the, same was accruec:!" security, i;; any, the name address and relationship, of, the'creditor, the amount, payment schedule and history of payment; if any, for each. ' , ANSWER: 17. Identify any safe 'deposit 'box or similar depository that you have or are utilizing including the location of the same,the owners or custodians of the same, the registered owners and 'renters of the same, the'nUmberar-acquisTtion and value 'and the identity of all persons with access thereto. ANSWER: 18. Do you have an Individual Retirement l',ccount (IRA), SEP, or, other similarnQn-Pension retirement? List institutions hOldinC)' the account, any and 'all account nUrobers, the current ~mount in Elach. accoun1:r. and the ,amount' i'n each aCCount on the date of separation. ANSWER; 19. As of the date of separation, plElase provide a ),isting,of all real estate in ,which you hav~any ownership interest, along with its location and its most rElCent assessed value. ANSWER: 20. State the make, model and year of the car(s) you drive or own, ,State the name and address of the person or entity in whose name this car(;;}i~titled. State the amo~mt of monthly payments, if. any,which,a~e IJ1adeqn tl:lis ,car" specifying,whether such payments are lease:payments or lean paymerit:;;, and state the name and address of the person or entity that makes such payments. ANSWER: c ' CHRISTINE PEARSON" "I?laintiff IN THE COURT OF COMMON PLEAS OF .' CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 04~3474 Civ:il Term "., . :JAMES PEARSON,' Defendant .' CIVlL }\C,TION - LAW IN DIVORCE ACCEPTANCE OF SERVICe: I, Robert A. Be,rry, Esquire, attorney for the Plaintiff in the above-captioned. matter, accept service of the DEFENDANT'S FIRST SET OF INTERROGATORIES TO PLAINTIFF pursuant to Pennsylvania Rule of Civil Procedure, Rule 1930.4 (d) . I certify that I am authorized to accept service on behalf of the Plaintiff. Date: RobertA.' Berry, Esq. P.O. Box, 929 Harrisburg, 'E'A 17ioe-Q929 , ' CHRISTINE PEARSON, Plaintiff, . IN 7HE COURT OF COMMON PLEAS OF CUMBERLAND COUN',!'Y,. PEpN?YLVANIA vs. NQ. 04-3474 Civil Term JAMES PEARSON, , Defendant CIVIL ACTION - LAW' IN DJ;VORCE CERTIFICATE OF SERVICE I, Joseph D. Caraciolo, Esquire, hereby certify that on the below-noted date, 'served a true and correct copy of the foregoing DEFENDANT'S FIRST SET OF INTERROGATORI&S TO PLAINTIFF upon the foilowing named counsel, by depositing same, postage prepaid, in the United States'Mail, addressed as follows: Robert A. Berry, Esq. P.O. Box 929 Harrisburg, PA 17108-0929 BY: Date: O'1!M/oY I t s phD.Caraciolo, Esquire 21 8 Market Street, Aztec Building C f' Hill, Pennsylvania 17011-4706 I # 90919 TeL (7+7)' 7.63-1800 Attorney for Defendant ,. ," CHRISTINE PEARSON, " " plain.tiff " IN THE COURT OF COMMON PLEAS OF CUMBERLAN.Il-.GQ.tE;:l'rY,~ PENNSYLVANIA ..,~-- -"~~"'N€r.~-()'4-44-1.4,-C~v:iL'I'etrrL JAMES PEARSON" Defendant CIVIL ACTION- LAW IN PIVORCE VERIFICATION I, Christine Pearson, verify that t:he statements made in the, foregoing' Plaintiff's Answers to Defendant' $ First, Set,: Of Interrogatories':, To ,Plaintiff 'are true' ano correct'. iunderstand that false statemEints. herein ar;" made subj ect' to penalties Of 18 Pa. C. S. Section, 4,9-04, relating to unsworn falsification to authorities. , Date: " Christine Pearson EXHlsrr c r " . Patrick F. Lauer, Jr., Esq.- Marlin L. Markley, Esq.** Joseph D. Caraclolo, Esq. 1-800-822-4-LAW ..._____'___..___~----,---------,_,_________.. THE LAW OFFICES OF PATRICK F. LAUER, JR.,[~k.mE COpy , 2108 MARKET STREET, AZTEC BUILDING ~ r!L CAMPHILL,PENNSYLVANIA 1'7011 (717) 763-1800 FAX (717) 763..4247 Reply to Camp Hill Address Satellite Office: 8 S. Hanover Street Carlisle, PA 17013 _rfnf.p!!Il,..n't'n June 30, 2005 Robert A. Berry, Esq. P,O. Box 929 Harrisburg, P A 17108-0929 RE: Pearson v. Pearson Cumberland County Docket No.: 04-3474 Dear Attorney Berry: Enclosed, please find the Defendant's answers to Inten:ogatories along with all relevant attachments.~'l" -',", .... "e. ."_ o ", U ~.... T -.'; . RIf . ... . .. , .. -. ' ,. I . . . Defendant's interrogatories to Plaintiff were served on April 20, 2005. Please forward the answers to those interrogatories at the address captioned abo'rthin ~e n,# days. Very 1rul ours, / IDC/ Cc: file J. Pearson *@BoardCertifiedasaCriminaITriaIAdvocate by the National Board a/Trial Advocacy. *~{{JJ)Member: National Association ofCnininal Deftnse Lawyers o '-~ ,.., ~ ~ en o (. L. L ...:~ -<: Q. -0 ::w;. ~:!) j3~ 06 ~~i (')- '70. (Y" .'-\ ~ <.f? o - II RECEIVED AUG 11 ZOOt '~ CHRISTINE PEARSON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs, : No, 04-3474 Civil Term JAMES PEARSON, Defendant : CIVIL ACTION - : AT LAW IN DIVORCE ORDER OF COURT AND NOW, this /5)'" day of (~....v 2005, upon consideration of the attached motion, Plaintiff is hereby directed to provide verified answers to Defendant's , .,.j -<1:".... vv.A.a.r . Interrogatories within twenty (20) days oftfiis alite. s~, ~ .-I ---.--- /1i J, , Distribution: -Joseph D, Caraciolo, Esquire (Attorney for Defendant) ~ 08 Market Street, Camp Hill, Pennsylvania, 17011 vKobert A Berry, Esquire (Attorney for Plaintiff) P,O. Box 929, Harrisburg, Pennsylvania, 17108-0929 C") ~ ~ C") I- N ~~~~ ..../0 :c ~- "')3 go 0- ~~ If) ;"'.&; '0 (i -z. - ,~ \ UJ.2: (.!) ~~-~) (w ~~ ~ on.. ~ :;g ::::> '6 ~ u CHRISTINE A. PEARSON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs, No, 04-3474 JAMES E. PEARSON Defendant CIVIL ACTION: LAW IN DIVORCE MARITAL SETTLEMENT AGREEMENT AGREEMENT made this 1s1~y of September 2005 by and between CHRISTINE A. PEARSON ("WIFE") and JAMES E, PEARSON ("HUSBAND"), at Lemoyne, Pa, WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on June 18, 1984, West Palm Beach, Florida, There are two children born of the parties, said children being Jason Pearson, born July 19, 1984 and Lacy N. Pearson, born May 26,1987, WHEREAS, diverse unhappy differences have arisen between the parties, giving rise to Wife seeking a divorce, and it is the intention of Husband and Wife to continue to live separate and apart as they have been since September 10, 2004 for the rest of their natural lives, and parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification; the settling of all matters between them relating to the past, present and future support of maintenance of Husband by Wife or of Wife by Husband; in general, the settling of any and all claims by one against the other or against their respective estates NOW THEREFORE, in consideration of the promises and of the mutual promises, covenants and undertakings hereinafter set forth and for good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1, AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS.. This agreement shall not be considered to affect or bar the right of Wife or Husband to a divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. 2, EFFECT OF DIVORCE DECREE: The parties agree that, unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final decree in divorce may be entered with respect to the parties, It is the intent of the parties hereto that this Agreement shall create contractual rights and obligations entirely independent of any Court Order and that this Agreement may be enforced by contract remedies in addition to any other remedies which may be available pursuant to the terms of this Agreement or otherwise under law or equity, 3, AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE: The parties agree that the terms of this Agreement shall be incorporated, but not merged, into any divorce decree, which may be entered with respect to them. The parties further agree that the Court of Common Pleas, which may enter such divorce decree, shall retain continuing jurisdiction over the parties and the subject matter of the Agreement for the purpose of enforcement of any provision thereof. 4, DATE OF EXECUTION: The "date" of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 5. DISTRIBUTION DATE: For purposes of this Agreement the term "distribution date" shall defined as the date of execution of this Agreement unless otherwise specified herein, 6. UNDERSTANDING: The provisions of this Agreement and their legal effect have been fully explained to the parties. The parties acknowledge that they fully understand the facts and have been informed as to their legal rights and obligations, and they acknowledge and accept that this Agreement is, in the circumstances, fair and equitable and that it is being entered into freely and voluntarily, and 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. The parties further acknowledge that they have each made to the other full and complete disclosure of the respected assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purposes of this Agreement. Each party agrees that he and she shall not, at any future time, raise as a defense or otherwise, a lack of such disclosure in any legal proceeding 2 involving this Agreement, with the exception of disclosure that may have been fraudulently withheld. 7, PERSONAL RIGHTS: Wife and Husband may and shall, at all times hereafter, live separate and apart, They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried, They may reside at such place or places as they may select. Each may, for his or her separate benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Wife and Husband shall not molest, harass, disturb or malign each other or the respective families of each other nor compel the other to cohabit or dwell, by any means or in any manner whatsoever, with him or her. 8, MUTUAL RELEASES: Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interests, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature or wherever situate, which he or she now has or at any time hereafter may have against the other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such nature of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widow's rights, family exemption or similar allowance, or under the in testate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any other counlIy, or any rights which either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, property division, costs or expenses, whether arising as a result of the marital relationship or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof, It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this agreement or for the breach of any provision thereof, It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable distribution of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any jurisdiction or under any other laws, 9, PERSONAL PROPERTY: a) Husband hereby assigns conveys and transfers all of Wife's right, title and interest in and to items of personal property currently in Wife's possession as agreed to by the parties to become the sole and exclusive property 3 of Wife, By these presents each of the parties hereby specifically waives, releases, renounces and forever abandons whatever claim he or she may have with respect to any of the personal property items which shall become the sole and separate property of other from the date ofthe execution hereof. Notwithstanding the preceding, in the event that the diamonds rings which were stolen in October of 2004 are ever recovered or Wife receives compensation for their value, Wife agree to distribute fifty per cent (50%) of that value to Husband. (b) Wife hereby assigns conveys and transfers all of Husband's right, title and interest in and to items of personal property currently in Husbands possession as agreed to by the parties to become the sole and exclusive property of Husband, By these presents each of the parties hereby specifically waives, releases, renounces and forever abandons whatever claim he or she may have with respect to any of the personal property items which shall become the sole and separate property of other from the date of the execution hereof. 10, PENSION PLANS AND LIFE INSURANCE POLICIES: With respect to the pension plans owned by the parties, the parties agree that Husband shall be the owner of Husband's pension plans with Husband's employer. Wife shall be the owner of Wife's pension plan with Wife's employer. The parties waive any interest in the respective pension plans of the other party. With respect to any life insurance policies, the parties agree that they shall be the owner of the respective policies and waive interest in the other's policies, 11. ALIMONY AND LEGAL FEES: Each party hereby waives any right to alimony and each party agrees to be responsible for her or his own legal fees and expenses, With respect to the existing alimony pendente lite Husband agrees to immediately execute and file the necessary documentation terminating the alimony pendente lite contemporaneously with the execution of this Agreement. 12, RELEASE OF SUPPORT-ACKNOWLEDGEMENT OF ADEOUACY: The parties herein acknowledge that, by this Agreement, they have respectively secured and maintained a substantial and adequate fund with which to provide for themselves sufficient financial resources to provide for themselves resources to provide for their comfort, maintenance and support in the station oflife to which they have become accustomed, Wife and Husband do hereby waive, release and give up any rights they may respectively have against the other for alimony, support or maintenance. It shall be from the execution of this Agreement, the sole responsibility of each of the respective parties to sustain themselves without seeking any support from the other party, 13, 2004 INCOME TAX RETURN Husband agrees to provide Wife with a copy of the 2004 Income tax returns and provide her with fifty percent (50%) of the refund amount. 4 14 PAYMENT TO WIFE In addition to the full performance of the other provisions of this Agreement which relate to the division, distribution, assignment and allocation of marital property and liabilities between the parties, Husband shall pay to Wife in settlement and satisfaction of all marital claims of equitable distribution $325.00 plus fifty per cent of the escrowed funds ($7,751.53) from the sale of the marital home minus $1,500.00. Said fifteen hundred dollars to be disbursed in an equal amounts ($500.00) to Jason, Jeremy and Lacy Pearson, 15, MUTUAL CONSENT DIVORCE CODE: The parties agree and acknowledge that their marriage is irretrievably broken and that they both consent to the entry of a decree in divorce pursuant to ~ 3301 (c) of the Pennsylvania Divorce Code, Accordingly, both parties agree to forthwith execute such consents, affidavits, or other documents and to forthwith file such consents, affidavits, or other documents as may be necessary to promptly proceed to obtain a divorce pursuant to ~ 3301 (c) of the Code. Upon request, to the extent permitted by the law and the applicable Rules of Civil Procedure, the named Defendant in such divorce action shall execute any waivers of notice or other waivers necessary to expedite such divorce. 16, WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligations for which the estate of the other party may be responsible or liable, except as may be provided for in this Agreement. Each party agrees to indemnifY and hold the other party harmless for and against any all such debts, liabilities or obligations of every kind, which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement, 17. WARRANTY AS TO FUTURE OBLIGATIONS: Wife and Husband each covenant, warrant, represent and agree that, with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable, Each party shall indemnifY and hold harmless the other party for and against all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except that may be otherwise specifically provided for and by the terms of this Agreement. 18, NO MOLESTATION: Husband and Wife shall not molest or interfere with each other, nor shall either of them attempt to compel the other to cohabit or dwell with him or her, by any means whatsoever. 19, WAIVER OR MODIFICATION TO BE IN WRITING: No modification or waiver of any of the terms hereof shall be valid unless in writing signed by both parties, and no waiver or any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature, 20, MUTUAL COOPERATION: Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other 5 party any and all further instnunents or documents that the other party may reasonably require for purposes of giving full force and effect to the provisions of this Agreement. 21, LAWS OF PENNSYL VCANIA APPLICABLE: This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of the execution of this Agreement. 22. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 23, INTEGRATION: 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, 24, NO WAIVER OR DEFAULT: This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any default or breach of any provision hereof be construed as a waiver of any subsequent default or breach of the same or similar nature, nor shall it be construed as a waiver of strict performance of any obligations herein. 25, ENFORCEMENT: It is expressly understood and agreed by and between the parties hereto that this Agreement may be specifically enforced by either Husband or Wife utilizing any remedy or sanction set forth in the Pennsylvania Divorce Code, as amended, or in the Court of Equity. The parties hereto further agree that if an action to enforce this Agreement is brought in Equity by either party, the other party will make no objection on the alleged ground oflack of jurisdiction of said Court on the ground that there is an adequate remedy oflaw, The parties do not intend or purport hereby to improperly confer jurisdiction on a Court in Equity by their Agreement, but they agree as provided herein for the forum of equity in mutual recognition of the present state of the law and in recognition of the general jurisdiction of Courts in Equity over agreements such as this one, 26. ADDRESS OF PARTIES: As long as obligations remain to be performed pursuant to the provisions of this Agreement, each party shall have the affirmative obligation to keep the other informed of his or her residence address, and shall promptly notifY the other in writing of any change of address by providing the new residence address. 27. SOCIAL SECURITY NUMBERS: Husband hereby warrants that his Social Security Number is 420-74-8049, Wife hereby warrants that her Social Security Number is 507-86-1970, 6 28. LEGAL REPRESENTATION: Wife was represented in this matter by Robert A. Berry, Esquire ofP. 0, Box 929,1419 North Second Street, Suite 2 Harrisburg, Pa. Husband was represented in this matter by Joseph D, Caraciolo, Esquire of2108 Market Street, Camp Hill, Pa. The ,arties hern have executed this Agreement the day and year first written above, c hristine A. Pearso Plaintiff 7 0 "', c r.;;:~ 0 "0" = "'" ." 1,,;-; (/) -i ", ::r:." -u nlp. r>, "TIm N :00 !,'?<S 'L> Q~~ (-" ~ .. ry " ,;' Om --:j :~ .--1 ,~~' 0 .f"> ,1] CD -< CHRISTINE A. PEARSON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs, No. 04-3474 JAMES E, PEARSON Defendant CIVIL ACTION: LAW IN DIVORCE AFFIDAVIT OF CONSENT lie. ~V1Iy' 1'1 'I' A complaint in divorce under ~ 3301 (c) was filed on /ltllell! 8,2004. 1. 2, The marriage of plaintiff and defendant is irretrievably broken and ninety 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 the 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: QjJ '5/0e; ~l J B lu v{ L ' f1/~J,- Christine A, PearSon, Plaintiff (') c "," ~~.~; .7:-i' ~:) ,~, r:r - :,,<: ,-. #f~~- ,.Y C~ ~ ...., r.=,;. = c..n U) ~ -0 N N (') ." .-\ ::C." m~'- "FTi :nO C),L ---I C) ~:i:: ::r i (";)~J :7() (51"n ;:; :n .< -0 ::x: N o CO CHRISTINE A. PEARSON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No, 04-3474 JAMES E, PEARSON Defendant CIVIL ACTION: LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF DIVORCE DECREE UNDER ~ 3301 (e) AND 3301 (d) OF THE DIVORCE CODE 1. I consent to the entry of a final decree 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 in do not claim them before the 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 ofthe 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. 9 4904 relating to unsworn falsification to authorities Date: q/l<J!o s ~ ~ l ~~L A (1.A.tL. Christine A. Pearson o r; ~ -uii:: rT1i; Z::) 2:. (n,- -< c: ~;( .(~C )> C:~ Z -" -< '" = = c.n (/.l r'1 "1J N N o -n --l :I., rnp -om -1)0 06 ~-~ =fi Oc") :~:rn U -'. :!Q '< "":J ~ -- ~ o -.I II CHRISTINE PEARSON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs, : No, 04-3474 JAMES PEARSON, Defendant : CIVIL ACTION - LAW : IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on July 19, 2004, 2, The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety days have elapsed from the date of the 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, 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: q/lo/Oj- I ' i ! ~' Signature: (") c <"" q~ ~~~ '7 ~~! ~c -.; 51: :r:;;~ =< -< r-> = = "" (/) 1"'1 -0 N N ~ :I!:!] n1r -OfT! :00 C) J.. ,_.0 ..........l.'" ;l)....d ~j~ ._,~ ?E -< -0 ~, ~ ':':> o -J 11 CHRISTINE PEARSON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs, : No, 04.3474 JAMES PEARSON, Defendant : CIVIL ACTION. LAW : IN DIVORCE DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE I, I consent to the entry of a final decree of divorce without notice, 2, I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if! do not claim them before a divorce is 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, 4, 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, Dille 1 w/o>/ Signature: James Pearson () "'" c = 0 -:,-;,.: = '\";1:-. en " :~"., .~, (/) -l 1{ rr. I;g -u ;,~ (ll N ...' N <- C) ~:~ ~ ~-' -0 :yJ " ::1: ;;-j-d Pc ?C"5 N c-":;;m Z 'J =-' =< C) ,1> :D -.I -< CHRISTINE A PEARSON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, : NO, 04 - 3474 CIVIL TERM CIVIL ACTION - LAW JAMES E. PEARSON, Defendant IN DIVORCE ACCEPTANCE OF SERVICE I accept service of the Complaint In Divorce, on behalf of Defendant, James E, Pearson, and certify that I am authorized to do so as counsel to Defendant, James E, Pearson, Date:( a(o,!o '1 LAW OFFICES OF PATRICK F. LAUER, JR. 2108 Market Street Camp Hill, P A ] 7011 ~JF' "~ (q .:,' ~~:_" ~~~: -< ::( (') ~:; ..., = = en (/) f'T1 -u N N ~ ~::!J rnr "t)m -"9 ~1~ go .:(.,.m U --, ~ '< -v ~. - ~ Cl 0:> II CHRISTINE A. PEARSON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs, : NO,: 04-3474 JAMES E. PEARSON, Defendant : CIVIL ACTION - LAW : IN DIVORCE PRAFCIPF TO TRANSMIT RFCORn To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a divorce decree: L Ground for Divorce: Irretrievable breakdown under S 3301(c) S JJ01(J)(l) of the Divorce Code, (Strike out inapplicable section) 2, Date and Manner of service of the Complaint: Service accepted by Defendant's counsel on August 5, 2004, See attached Acceptance of Service, 3, (Complete either paragraph (a) or (b)) (a) Date of execution of the affidavit of consent required by S 3301(c) of the Divorce Code: by the Plaintiff Sp.ptp.mhp.r 1~, ?OO~ by the Defendant Sp.ptp.mhp.r?O ?OO~ (b) Date of execution of the affidavit required by !l 3301(d) of the Divorce Code: Date of filing of the Plaintiff's affidavit upon the respondent: Date of service of the Plaintiff's affidavit upon the respondent: -' 4, Related claims pending: Plp.H.p. incOl:porHtp., withollt mp.rging thp. HttHchp.cl Mantal S~ttlp.mp.nt Aerpp.mpnt ofthp. r;:J.rtip.~ inti) thp. Divnrr.p. Dp.r.rp.p. 5, (Complete either paragraph (a) or (b)) (a) Date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, a copy of which is attached, (b) Date Plaintiff's Waiver of Notice in !l3301(c) Divorce was filed with the prothonotary: filp.cl .imllltHnp.oll.ly w/Pmp.cipp. Date Defendant's Waiver of Notice in!l 3301(c) Divorce was filed with the prothonotary: filp.cl .imllltHnp.oll.ly w/PrHp.cipp. Date: 0",// d../ / or:;- t I seph D, Caraciolo, Esquire aw Offices of Patrick F, Lauer, Jr., LLC 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 90919 Tel. (717) 763-1800 o s; <:, -uv~ 0:: (",J j /.~" (,t; -< ~ ;}::c, 'c-c-, $(0: 2: =< ...... = = en en r'1 -U N N -0 :x ~ o -n :r-n 1'11F -om ")0 ~\ T ::'<9 2~ o 'jj 'Il '< c:> (Xl CHRISTINE PEARSON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 04-3474 JAMES PEARSON Defendant CIVIL ACTION: LAW IN DIVORCE NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff Christine PeaI'SOn in the above matter, prior to the entry of a Final Decree in Divorce, hereby elects to resume the prior surname of CLEVELAND and gives this written notice avowing her intention pursuant to the provisions of 54 P. S. ~ 704. Date: Z'/fo-{f5 ! cL-,-rp~<7I>-- . ature f\ (~.AL ( M 0-<- J_ Signature of name being resumed hristine Cleveland) COMMONWEALTH OF PENNSYLVANIA: ji;..A <.U::'HI t-J COUNTY OF MBI:1tLANIY. 'fI-- On this I r., day of August, 2005, before me, the Prothonotary or a Notary Public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that she executed the foregoing for the purpose therein contained, NOTAFtlAL SEAl OIANE A, McNEAl, NOTARY PUBUC SllSQUEl-lANNA TWP.. COUNlY OF IlAUP/llN M'I' COIolt/lSSlOO EXPIRES FBlRIWlY 5. 2U11 In Witness whereof, I have hereunto set my hand and offici ~r~, Prothonotary o~o {() \- - ~ ~ ~ ~ o ~ ..... r- I () w ..c:. ....J -.(j --lO. ~ C) () f! -rJ ~ r-.> 's 01 </') \~"'1 -0 1 -.J o -n :(C! n1r-- 'TJpJ -J-}"-/ ~~:2 ~f~l ~'~l~;~ t:': '}::>- "n o :< CJ" ;t;;t; '" ~;t;~"'~~~"'~~~~~~~"'~"''''~''''''~''''''~'''~~~''''''~;t;''';t;;t;'''''''''''''''''''''''''''''''''''''''''''''''''''"''''~''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''~ IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF CHRISTINE A. PEARSON Plaintiff VERSUS JAMES E. PEARSON Defendant PENNA. No. 04-3474 DECREE IN DIVORCE AND NOW, -+r-.J,v 10.... , 2..=>o~~ , IT IS ORDERED AND DECREED THAT Christine A. Pearson , PLAINTI FF, AND James E. Pearson , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN TH IS ACTION FOR WH ICH A FI NAL ORDER HAS NOT YET BEEN ENTERED; The attached Marital Settlement Agreement dated September 15, 2005, without merqer, herein. B~E C07;'l J. ROTHONOTARY 4107 fr' t /fI'''': ?M Yl rJ[ . P ~-P,} ~!I ~:/Hl P{J5hC/J .,." . , :. .', , .. II CHRISTINE A PEARSON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs, : No, 04-3474 JAMES E, PEARSON, Defendant : CIVIL ACTION - LAW : IN DIVORCE PRAF,CTPF TO WTTHnRA W rOTlNTS TO THE PROTHONOTARY: Kindly withdraw Count III - Alimony Pendente Lite, Count IV - Counsel Fees, Costs, and Expenses, and Court V - Custody in the above-referenced divorce as the issues have been settled, Respec lly, Ubm~'" ./ l Date: 0'1 ( 'J..;;.. / (/5 1 tph D. Car '010, Esquire W Offices of Patrick F, Lauer, Jr" LLC 08 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 90919 Tel. (717) 763-1800 o ~i:' ...., g en v> ["'1 -0 N W ~ :e n'~ -nm :,09 g9, ~ :::5i5 ~ :z: rn S ?E o .< W , (- -;7 :''1 -<. r- .. ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsvlvania CoJCity/Dist. of CUMBERLAND Date of Order/Notice 10/26/05 Case Number (See Addendum for case summary) 711106841 04-3474 CIVIL o Original Order/Notice o Amended Order/Notice @ Terminate Order/Notice SYNERTECH HEALTH SYSTEMS SOLUT PO BOX 69300 HARRISBURG PA 17106-9300 RE: PEARSON, CHRISTINE A, Employee/Obligor's Name (Last, First, Mil 507-86-1970 Employee/Obligor's Social Security Number 4172101393 Employee/Obligor's Case Identjfjer (SeE' Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name {Last, First, MI} EmployerJVVithholder's Federal EIN Number See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMA TlON: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania, By law, you are required to deduct these amounts from the above,named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State, $ 0.00 per month in current support $ 0,00 per month in past,due support Arrears 12 weeks or greater? Oyes (Xl no $ 0,00 per month in current and past,due medical support $ 0,00 per month for genetic test costs $ per month in other (specify) for a total of $ 0 .00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order, If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 0.00 per weekly pay period, $ 0.00 per biweekly pay period (every two weeks), $ 0.00 per semimonthly pay period (twice a month), $ 0.00 per monthly pay period, REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice, Send payment within seven (7) working days of the paydate/date of withholding, You are entitled to deduct a fee to defray the cost of withholding, Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings, For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2), If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1,877,676,9580 for instructions, Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PA YMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. Date of Order: OCT 2 'I ZQD5 Jill Form EN,028 Worker ID $IATT Edgar B. Bayley, DRO: R.J. Shadday Service Type M OMBNo.:0970-0154 ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS o If ~hecked you are required to provide a copy of this form to your, employee, If your employee works in,a state that is ditterent from the state that issued this order, a copy must be proVIded to your employee even If the box IS not checked. 1, Priority: Withholding under this Order/Notice has priority over any other legal 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. * Rt;::tJu,t;1l5llu= r aydalelOak uf 'N;tlllluIJ;"g. YOu IIlu~L Il::fJUlt tIle tJclyJatelda.te of vv;tl.l,uIJ;1I5 \'\'1.61 ::.eIlJ;1I5 lilt:: jJaYllIclIl. Tile pctyJdlt::fJdlt:: vf vv;lIlI10IJ;'15 ;~ lilt:: Jalc: VII vvl,;d, (lIlIVUlll no:. vv;tlllu:::IJ flOll1 tile l;::1l1f-'llJYl;::l;::'~ vvage~. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments, 4, * Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible, (See #9 below) 5, Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you, Please provide the information requested and return a copy of this Order/Notice to the Agency identified below, THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 2324238020 EMPLOYEE'S/OBlIGOR'S NAME: PEARSON, CHRISTINE A, EMPLOYEE'S CASE IDENTIFIER: 41721013 9 3 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7, liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8, Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding, Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9, * Withholding limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.s,c. '31673 (b)1; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE), ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxesi Social Security taxesi 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 underthe law of the state that issued the order. 10, Additional Info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items, 11, Submitted By: DOMESTIC RELATIONS SECTION 13 N, HANOVER ST P,O, BOX 320 CARLISLE PA 17013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 24(),6225 or by FAX at 17171 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Worker 10 $IATT Service Type M OMS No.: 0970-0154 ADDENDUM Summary of Cases on Attachment Defendant/Obligor: PEARSON, CHRISTINE A, PACSES Case Number 711106841 Plaintiff Name JAMES E. PEARSON Docket Attachment Amount 04,3474 CIVIL$ 0.00 Child!ren)'s Name!s): PACSES Case Number Plaintiff Name DaB Docket Attachment Amount $ 0,00 Child!ren)'s Name!s): DaB you are required to enroll the child!ren) in any health insurance coverage available employee's/obligor's employment. If you are required to enroll the child!ren) in any health insurance coverage available employee's/obligor's employment. PACSES Case Number Plaintiff Name PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0,00 Child!ren)'s Name!s): DaB Docket Attachment Amount $ 0,00 Child!ren)'s Name!s): DaB If checked, you are required to enroll the child!ren) in any health insurance coverage available employee's/obligor's employment. you are required to enroll the child!ren) in any health insurance coverage available employee's/obligor's employment. PACSES Case Number Plaintiff Name PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child!ren)'s Name!s): DaB Docket Attachment Amount $ 0,00 Child!ren)'s Name!s): DaB If checked, you are required to enroll the child!ren) in any health insurance coverage available employee's/obligor's employment. you are required to enroll the child!ren) in any health insurance coverage available employee's/obligor's employment. Addendum Form E N-028 Worker ID $IATT Service Type M OMB No.: 0970-0154 r't' [) <2'J -,' .ii ,-'- .) c --. "/ (vI;";' ~~ In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION JAMES E, PEARSON ) Docket Number 04,3474 CIVIL Plaintiff ) vs, ) PACSES Case Number 711106841 CHRISTINE A. PEARSON ) Defendant ) Other State ID Number Order AND NOW to wit, this OCTOBER 26, 2005 it is hereby Ordered that: THE ALIMONY PENDENTE LITE ORDER IS TERMINATED, EFFECTIVE SEPTEMBER 30, 2005, PURSUANT TO THE PARTIES' DECREE IN DIVORCE AND THE MARITAL SETTLEMENT AGREEMENT OF SEPTEMBER 15, 2005. THE ACCOUNT IS CLOSED WITH A CREDIT OF $144.98, BY THE COURT: JUDGE Service Type M Form OE,520 Worker ID 21005 c