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HomeMy WebLinkAbout04-4040TERESA ANN MEDELLIN, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01/- VOW ez;Aj 1 i:L RAMIRO R. MEDELLIN, 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 foregoing 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 in 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 marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at: Office of the Prothonotary Cumberland County Court House 1 Courthouse Square Carlisle, Pennsylvania 17013 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S =EES 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 4 LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH 3ELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 1 TERESA ANN MEDELLIN, Plaintiff vs. RAMIRO R. MEDELLIN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 0 4 . qo*& CtZ7j 7;.- IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302(d) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. 2 TERESA ANN MEDELLIN, Plaintiff VS. RAMIRO R. MEDELLIN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes the above-named Plaintiff, TERESA ANN MEDELLIN, by her attorney, Samuel L. Andes, and makes the following Complaint in Divorce: 1. The Plaintiff is TERESA ANN MEDELLIN, an adult individual who currently resides at 512 Bridge Street, New Cumberland, Cumberland County, Pennsylvania. 2. The Defendant is RAMIRO R. MEDELLIN, an adult individual who currently resides at 341 Lamp Post Lane, Etters, York County, Pennsylvania. 3. Both the Plaintiff and Defendant have been bona fide residents of the Common- wealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on 21 March 1992 in Mechanicsburg, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties. 6. This marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of marriage counseling and the Plaintiff may have the right to request that the Court require the parties to participate in counseling. 3 14. Defendant enjoys a substantial income and is well able to contribute to the support and maintenance of Plaintiff during the course of this action. WHEREFORE, Plaintiff prays this Honorable Court to order Defendant to pay her reasonable alimony pendente lite during the pendency of this action. COUNT V - COUNSEL FEES AND EXPENSES 15. Plaintiff is without sufficient funds to retain counsel to represent her in this matter. 16. Without competent counsel, Plaintiff cannot adequately prosecute her claims against Defendant and cannot adequately litigate her rights in this matter. 17. Defendant enjoys a substantial income and is well able to bear the expense of Plaintiff's attorney and the expenses of this litigation. WHEREFORE, Plaintiff prays this Honorable Court to order Defendant to pay the legal fees and expenses incurred by Plaintiff in the litigation of this action. a "t. . Andes Attorney for Plaintiff Supreme Court ID 17225 525 North 12th Street Lemoyne, PA 17043 I verify that the statements made in this Complaint are true and correct. I understand that any false statements in this Complaint are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). DATE: + h. q4;l TERESA ANN MEDELLIN 5 ((?? ? y '' `9 y Y 1 V V,i .t jJ 7 n Q ?= v t ?` `: ? a ?+: j 4?. ?? A?.. ?y F ,; TERESA ANN MEDELLIN, Plaintiff ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND 1 COUNTY, PENNSYLVANIA vs. ) CIVIL ACTION - LAW 1 RAMIRO R. MEDELLIN, ) N0. 04-4040 CIVIL TERM Defendant ) 1 IN DIVORCE PRAM TO THE PROTHONOTARY: Please reinstate the Complaint in the above matter. 20 September 2004 Sbphuel L. An s r Attorney for Plaintiff Supreme Court ID # 17225 525 North 12`h Street Lemoyne, Pa 17043 (717) 761-5361 r, ? <_; =?- ._, v> - _?_-r: : s - ? }?? - _,-, . ?? \ ._ <?? ,.,. , `_ / y ;-.::: ?.?, ..x SHE'RIFF'S RETURN - NOT SERVED CASE NO: 2004-04040 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MEDELLIN TERESA ANN VS MEDELLIN RAMIRO R R. Thomas Kline , Sheriff , who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT , to wit: MEDELLIN RAMIRO R unable to locate Him in his bailiwick COMPLAINT - DIVORCE but was He therefore returns the NOT SERVED , as to the within named DEFENDANT 341 LAMP POST LANE ETTERS, PA 17319 , MEDELLIN RAMIRO R SERVICE STOPPED PER FAX FROM ATTORNEY. Sheriff's Costs: Docketing 18.00 Service .00 Out of County 9.00 Surcharge 10.00 .00 37.00 So answer R. Thomas Kline ' Sheriff of Cumberland County SAMUEL ANDES 09/29/2004 Sworn and subscribed to before me this y &- day of(2)eV, A. D. Prothonotary TERESA ANN MEDELLIN, Plaintiff VS. RAMIRO R. MEDELLIN, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-4040 CIVIL TERM IN DIVORCE PRAECI PE Please reinstate the Complaint in the above matter. Tel Sam.u. I L. An Attorney for Plaintiff Supreme Court ID # 17225 525 N. 12th Street Lemoyne, PA 17043 (717) 761-5361 ?? AJ tiJ 0 Fil • t ?g ^„s ?I I ?l ? 1v 1 TERESA ANN MEDELLIN, PLAINTIFF vs. RAMIRO R. MEDELLIN, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2004-4040 CIVIL TERM IN DIVORCE ACCEPTANCE OF SERVICE I, RAMIRO R. MEDELLIN, hereby accept service of the original Complaint in Divorce and acknowledge receipt of a copy of the Complaint. 6&'44 ,c7 '?3 VLA:6E-' Date: 01, 4 7 RA IRO R. MEDELL N TERESA ANN MEDELLIN, ) Plaintiff ) ) VS. ) ) RAMIRO R. MEDELLIN, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. oq- 46110 IN DIVORCE MOTION FOR ALIMONY PENDENTE LITE HEARING OR CONFERENCE AND NOW comes the above-named Plaintiff, by her attorney, Samuel L. Andes, and I moves the Court and the Domestic Relations Office to schedule a conference and, if necessary, a hearing on Plaintiff's request for alimony pendente lite first raised in her divorce complaint, a copy of which is attache hereto. I L. Andes Attorney for Plaintiff 525 N. 121h Street Lemoyne, PA 17043 (717) 761-5361 1 TERESA ANN MEDELLIN, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. RAMIRO R. MEDELLIN, 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 foregoing pages, you must take prompt action. You are warned that if you fail to do so, the 3ase may proceed without you and a decree in 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 ,equested in these papers by the plaintiff. You may lose money or property or other rights mportant to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, u may request marriage counseling. A list of marriage counselors is available in the Office the Prothonotary at: Office of the Prothonotary Cumberland County Court House 1 Courthouse Square Carlisle, Pennsylvania 17013 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S ES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE HE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH ELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. ?I Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 1 TERESA ANN MEDELLIN, Plaintiff VS. RAMIRO R. MEDELLIN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 1 CIVIL ACTION - LAW NO. IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING ITO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in ie Court of Common Pleas of Cumberland County. This notice is to advise you that in :cordance with Section 3302(d) of the Divorce Code, you may request that the court ;quire you and your spouse to attend marriage counseling prior to a divorce being handed awn by the court. A list of professional marriage counselors is available at the Domestic elations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this ist is kept as a convenience to you and you are not bound to choose a counselor from this ist. All necessary arrangements and the cost of counseling sessions are to be borne by you nd your spouse. If you desire to pursue counseling, you must make your request for counseling within wenty days of the date on which you receive this notice. Failure to do so will constitute a vaiver of your right to request counseling. 2 TERESA ANN MEDELLIN, ) Plaintiff ) vs. ) ) ) RAMIRO R. MEDELLIN, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes the above-named Plaintiff, TERESA ANN MEDELLIN, by her :torney, Samuel L. Andes, and makes the following Complaint in Divorce: 1. The Plaintiff is TERESA ANN MEDELLIN, an adult individual who currently resides 512 Bridge Street, New Cumberland, Cumberland County, Pennsylvania. 2. The Defendant is RAMIRO R. MEDELLIN, an adult individual who currently resides 341 Lamp Post Lane, Etters, York County, Pennsylvania. 3. Both the Plaintiff and Defendant have been bona fide residents of the Common- ,ealth of Pennsylvania for at least six months immediately previous to the filing of this omplaint. 4. The Plaintiff and Defendant were married on 21 March 1992 in Mechanicsburg, nnsylvania. 5. There have been no prior actions of divorce or annulment between the parties. 6. This marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of marriage counseling and the Plaintiff ay have the right to request that the Court require the parties to participate in counseling. 3 COUNTI 8. The Plaintiff requests this Court to enter a Decree of Divorce. WHEREFORE, Plaintiff requests this Court to enter a decree in divorce pursuant to the Divorce Code of Pennsylvania. COUNT II - EQUITABLE DISTRIBUTION 9. During the course of the marriage, the parties have acquired numerous items of property, both real and personal, which are held in joint names and in the individual names of each of the parties hereto. WHEREFORE, Plaintiff prays this Honorable Court, after requiring full disclosure by the (Defendant, to equitably divide the property, both real and personal, owned by the parties thereto as marital property. COUNT III - ALIMONY 10. Plaintiff lacks sufficient property to provide for her reasonable needs in +accordance with the standard of living of the parties established during the marriage. 11. Plaintiff is unable to support herself in accordance with the standard of living of he parties established during the marriage through appropriate employment. 12. The Defendant is employed and enjoys a substantial income from which he is to contribute to the support and maintenance of Plaintiff and to pay her alimony in rdance with the Divorce Code of Pennsylvania. WHEREFORE, Plaintiff prays this Honorable Court to enter an Order awarding Plaintiff m Defendant permanent alimony in such sums as are reasonable and adequate to support maintain Plaintiff in the station of life to which she has become accustomed during the arriage. COUNT IV - ALIMONY PENDENTE LITE 13. Plaintiff is without sufficient income to support and maintain herself during the pendency of this action. 4 14. Defendant enjoys a substantial income and is well able to contribute to the support and maintenance of Plaintiff during the course of this action. WHEREFORE, Plaintiff prays this Honorable Court to order Defendant to pay her reasonable alimony pendente lite during the pendency of this action. COUNT V - COUNSEL FEES AND EXPENSES 15. Plaintiff is without sufficient funds to retain counsel to represent her in this matter. 16. Without competent counsel, Plaintiff cannot adequately prosecute her claims ainst Defendant and cannot adequately litigate her rights in this matter. 17. Defendant enjoys a substantial income and is well able to bear the expense of ntiff's attorney and the expenses of this litigation. WHEREFORE, Plaintiff prays this Honorable Court to order Defendant to pay the legal s and expenses incurred by Plaintiff in the litigation of this action. Andes Attorney for Plaintiff Supreme Court ID 17225 525 North 12th Street Lemoyne, PA 17043 I verify that the statements made in this Complaint are true and correct. I understand hat any false statements in this Complaint are subject to the penalties of 18 Pa. C.S. 4904 unsworn falsification to authorities). ATE: ( ??p ?6 ?? CCU{ TERESA ANN MEDELLIN ?+- lJa 4 ?'' Q c? ? c'L ? ? ?' r ??'?; . t?• ? ? ? _ .. ? = TM- p t i N ??i ?? .. ?? -- : '"" 7 tt.7 -C TERESA ANN MEDELLIN, Plaintiff vs. RAMIRO R. MEDELLIN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. c tl( ) IN DIVORCE MOTION FOR CONFERENCE OR HEARING ON ALIMONY PENDENTE LITE AND NOW comes the above-named Plaintiff, by her attorney, Samuel L. Andes, and moves the Court to schedule a conference at the Domestic Relations Office or, if necessary, a hearing, on Plaintiff's request for alimony pendente lite, first raised in her complaint in this matter, a copy of which is attached hereto. 1: ? ?: t5 P?' I Samuel L. An es Attorney for Plaintiff 525 N. 12th Street P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 FILED-,;HCE: OF THE R"Of HONMARY 2009 APR -6 PM 2: 47 4P",IYll-VAN iA TERESA A. MEDELLIN, THE COURT OF COMMON PLEAS OF Plaintiff/Petit?oner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 044040 CIVIL TERM RAMIRO R. MEDELLIN IN DIVORCE PACSES NO: 647107543 ORDER OF COURT AND NOW, this 13th day of April, 2009, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R. J. Shadday on May 4.2009 at 10:30 A.M. for conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an der for Alimony Pendente Lite be entered. YOU are further ordered1to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for th preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11© (4) verification of child are expenses (5) proof of medical coverage which you may have, or may have available to you. If you fail to appear for a conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, Edgar B. Bayley, President Judge Copies mailed to: Petitioner Respondent Samuel L. And s, Esq. Date of Order: April 13, 2009 V. . . Sh TFyA LCoordinator YOU HAVE THE RIGHT TO LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. IF YOU NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICES T FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. BERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 E TART Z APR 13 PM 3:22 TERESA ANN MEDELLIN, Plaintiff/Petitioner VS. RAMIRO R. MEDELLIN, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 04-4040 CIVIL TERM IN DIVORCE PACSES CASE: 647107543 ORDER OF COURT AND NOW to wit, this 6th day of January, 2010, it is hereby Ordered that the N _O O r -.j N N t? l j rn -C attached captioned Order for Alimony Pendente Lite of May 4, 2009 under Civil docket 05-3781 is merged with the divorce docket 04-4040. This Order shall become final twenty (20) after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Prothonotary's Office for a hearing de novo before the Court. BY THE COURT: Edward ff(uido, J. DRO: R.J. Shadday xc: Petitioner Respondent Samuel L. Andes, Esq. Form OE-001 Service Type: M Worker: 21005 TERESA ANN MEDELLIN, Plaintiff/Petitioner VS. RAMIRO R. MEDELLIN, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 05-3781 CIVIL TERM IN DIVORCE PACSES Case No: 647107543 ORDER OF COURT AND NOW, this 4th day of May 2009, based upon the Court's determination that the Petitioner's monthly net income/earning capacity is $ 1,044.61 and the Respondent's monthly net income/earning capacity is $ 6,508.93, it is hereby ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit One Thousand Eight Hundred Ninety-three and 00/100 Dollars ($ 1,893.00) per month payable bi-weekly as follows: $ 1,893.00 per month for Alimony Pendente Lite and $ 0.00 per month on arrears. First payment due: on or before May 15, 2009 and on or before the 15`}' day of each month thereafter. The effective date of the order is April 1, 2009. Arrears set at $ 1,893.00 as of May 4, 2009. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa.C.S.§ 3703. Further, if the Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and, at its discretion, make an appropriate Order, including, but not limited to, commitment of the Respondent to prison for a period not to exceed six months. Said money to be turned over by the PA SCDU to: Teresa Ann Medellin. Payments must be made by check or money order. All checks and money orders must be made payable to PA SCDU and mailed to: PA SCDU P.O. Box 69110 Harrisburg, PA 17106-9110 Payments must include the Respondent's name with their PACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. cc360 The monthly support obligation includes cash medical support in the amount of $250 annually for unreimbursed medical expenses incurred for the obligee. Unreimbursed medical expenses of the obligee that exceed $250 annually shall be allocated between the parties. The party seeking allocation of unreimbursed medical expenses must provide documentation of expenses to the other no later than March 31 st of the year following the calendar year in which the final medical bill to be allocated was received. The unreimbursed medical expenses are to be paid as follows: 0 % by the Respondent and 100% by the Petitioner. [X] Respondent [] Petitioner to provide medical insurance coverage. Within thirty (30) days after the entry of this order, the [] Petitioner [X] Respondent shall submit written proof that the medical insurance coverage has been obtained or that application for coverage has been made. Proof of coverage shall consist of, at a minimum of. 1) the name of the health care coverage provide(s); 2) any applicable identification numbers; 3) any cards evidencing coverage; 4) the address to which claims should be made; 5) a description of any restrictions on usage, such as prior approval for hospital admissions, and the manner of obtaining approval; 6) a copy of the benefit booklet or coverage contract; 7) a description of all deductibles and co-payments; and 8) five copies of any claim forms. The Respondent is given credit in the amount of $1893.00 for direct payment to the Petitioner. This Order is based upon an agreement of the Petitioner. The Petitioner waives the mandatory wage attachment. This Order shall become final twenty (20) after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Prothonotary for a hearing de novo before the Court. Consented: Petitioner Respondent Mailed copies on: May 4.2009 to: Petitioner Respondent Samuel L. Andes, Esq. Petitioner's Attorney Respondent's Attorney BY THE COURT, 6?w Edward E. Guido, J. DRO: R.J. Shadday 13~,THEL~ OTEiON TARY 2~l0 ~~'~°! -~ PSI 2: 3g ~E/ ,~~&&t~.~~~/~C1~,, COE}~TY ~~3 icf1~ (~'y}~,!''aEA Law Office of Theresa Barrett Male Theresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101-1058 (717} 233-3220 tbm a tbmespuire.com Attorneys for Defendant COURT OF COMMON OF PLEAS CUMBERLAND COUNTY, PENNSYLVANIA TERESA ANN MEDELLIN Plaintiff/Respondent NO. 04-4040 Civil Term v. PACSES NO. 647107543 RAMIRO R. MEDELLIN Defendant/Petitioner CIVIL ACTION -DIVORCE DEFENDANT'S PETITION TO VACATE ORDER AWARDING ALIMONY PENDENTE LITE 1. Plaintiff/Respondent Teresa Ann Medellin ("Wife") and Defendant Ramiro R. Medellin ("Husband") were married on 03/21/02. 2. On August 14, 2004, Wife filed a divorce complaint which was docketed to this term and number. 3. On July 26, 2005, Wife filed another complaint in divorce which was docketed to No. 05-3781 Civil Term. 4. With the exception of filing for apl, Wife has not advanced either divorce action. 5. Wife filed her most recent apl request on April 6, 2009, to this docket. 6. On May 4, 2009, an order for apl issued, but was incorrectly filed to the No. 05-3781 Civil Term. 7. By order dated January 6, 2010, the Honorable Edward E. Guido merged to this docket the May 4, 2009 apl order originally docketed to No. 05-3781 Civil Term. 8. With the exception of the January 6 order, there has been no activity in this case since 2004. 9. With the exception of the May 4, 2009 apl order incorrectly docketed to No. 05-3781 Civil Term, there has been no activity in that case since 2007. 10. Husband has made many efforts to resolve the economic issues outside court, as evidenced in part by the following: a. He has made several cash payments to Wife during the pendency of both actions. b. On January 7, 2010, his counsel sent a settlement agreement incorporating the parties' private discussions to Wife's counsel. c. Wife then requested additional information on Husband's retirement intentions and his 401 (k) plan, which Husband promptly provided. d. Wife then expressed additional "concerns" and asked Husband to wait until August or September to finalize this divorce action. e. Husband revised the settlement agreement to confirm that the divorce action 2 would not be finalized until September 15, 2010, but Wife still refused to execute the agreement. f. On September 15, 2010, Husband's counsel asked Wife's counsel to confirm his client's intentions to conclude this proceeding. g. On September 28, 2010, Wife again asked for information on Husband's retirement plans and his 401(k), which Husband provided on October 1, 2010. 11. On October 5, 2010, Husband notified Wife that he intended to file this petition and asked if she concurred. 12. By letter dated October 8, 2010, Wife advised that she did not concur and that Husband had not requested her execution of an affidavit of consent. 13. On October 11, 2010, Husband advised Wife that he would forego filing this petition if he received time-stamped copies of Wife's affidavit of consent and waiver of notice. 14. On October 26, Wife's counsel advised that Wife had signed the documents. 15. On November 1, 2010, Husband advised Wife's counsel that, absent her receipt of time-stamped copies by November 4 at 4:00 p.m., Husband would file this petition. 16. Wife has not provided the time-stamped documents. 17. Husband has incurred additional legal fees as a result of Wife's dilatory conduct and failure to advance the divorce action. 3 18. Militating in support of this petition is Rueckert v. Rueckert, 20 Pa. D.&C. 3d 191 (1981) and its progeny. 19. Samuel L. Andes, Esquire, counsel for plaintiff, does not concur in this motion. 20. The Honorable Edward E. Guido has signed several apl orders, and issued the January 6, 2010 order referenced in paragraph 7, supra. Wherefore, Defendant requests the Court to enter an order vacating the May 4, 2009 order awarding Plaintiff alimony pendente lite. Law Office of Theresa Barrett Male T e sa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, Pennsylvania 17101-1058 (717) 233-3220 Attorneys for Defendant Date: November 5, 2010 4 PROOF OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the persons and in the manner indicated below which service satisfies the requirements of Pa. R.C.P. 440: Service by first-class mail addressed as follows: Samuel L. Andes, Esquire P.O. Box 168 Lemoyne, PA 17043 Attorney for Plaintiff Service by hand-delivery addressed as follows: R.J. Shadday, DRS Conference Officer Cumberland County Domestic Relations Section 13 North Hanover Street Carlisle, PA 17013 Law Office of Theresa Barrett Male T e esa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Attorneys for Defendant Date: November 5, 2010 r? "r TERESA ANN MEDELI?. ,' E , Plaintiff VS. RAMIRO R. MEDELLIN, Defendant IN THE COURT OF COMMON PLEAS Of CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2004-4040 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce) Code was filed on 16 August 2004 and served upon the Defendant within thirty days thereafter. 2. The marriage of Plaintiff and Defendant is irretrievably brokein and ninety (90) days have elapsed from the date of both the filing and service of the complaint. 3. I consent to the entry of a final decree in divorce after service of a Notice of Intention to Request Entry of the Decree. 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. z ? (??ZIAW ? Dated: TERESA ANN M DELL TERESA ANN MEDELLIN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 04-4040 CIVIL TERM RAMIRO R. MEDELLIN, IN DIVORCE Defendant PACSES CASE: 647107543 ORDER OF COURT AND NOW, this 8th day of November 2010, a petition has been filed against you, Teresa Ann Medellin, to modify an existing Alimony Pendente Lite Order. You are ordered to appear in person at the Domestic Relations Section, 13 North Hanover Street, Carlisle, Pennsylvania, on December t, 2010 at 9':00 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: (1) atrue 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, theCourt may issue a warrant for your arrest. Copies mailed to: Petitioner BY THE COURT. Respondent Samuel L. Andes, Esq. Theresa Barrett Male, Esq, p Date of Order: November 8, 2010 Edward E. Guido, J100C YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT ? YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TFIE 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 cc36I TERESA ANN MEDELLIN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. RAMIRO R. MEDELLIN, NO. 2004 - 4040 CIVIL TERM Defendant ORDER OF COURT AND NOW, this 15TH day of NOVEMBER, 2010, a hearing on Defendant's Petition to Terminate APL is scheduled for WEDNESDAY, JANUARY 5, 2011 at 9:30 a.m. in Courtroom # 3. By , Edward E. Guido, J. amuel L. Andes, Esquire P.O. Box 168 Lemoyne, Pa. 17043 heresa Barrett Male, Esquire 513 North Second Street Harrisburg, Pa 17101-1058 -,--I)-o-mestic Relations Office -? R.J. Shadday r- _ 0 :sld v, ?c? a.-n c? (26 L £S D 1 IN THE COURT OF COMMON PLEAS OF TERESA ANN MEDELLIN, CUMBERLAND COUNTY, PENNSYLVANI A Plaintiff/Petitioner CIVIL ACTION - DIVORCE VS. . NO. 04-4040 CIVIL TERM RAMIRO R. MEDELLIN, IN DIVORCE PACSES CASE: 647107543 ts3 == .-.i Defendant/Respondent rn Co ORDER OF COURT cn rri -? -n this 13th day of December, 2010, it is hereby Ordered Ath AND NOW to wit C , r-n te Lite is denied and the d P en en Defendant's Petition to Vacate Order Awarding Alimony Petition is dismissed, without prejudice. The Order of May 4, 2009 remains in its entirety until further Order of Court. This Order shall become final twenty (20) days after the mailing of the notices of the entry of the Order to the parties unless either party files a written demand with the Office of the Prothonotary for a hearing de novo before the Court. DRO: R.J. Shadday xc: Petitioner Respondent Samuel L. Andes, Esq. Theresa Barrett Male, Esq. Form OE-001 Worker: 21005 Service Type: M Edward E. Guido, J i''ILED-OFFICE C . E'V'E Pr?OT.4040 TAR Y DEC 17 PM 1: C-Ut" OERLANO COU?q { `,' PENNSYLVANIA TERESA ANN MEDELLIN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. RAM[IRO R. MEDELLIN, Defendant NOTICE TO DEFENDANT NAMED HEREIN: CIVIL ACTION - LAW NO. 04-4040 Civil Term IN DIVORCE YOU ARE HEREBY NOTIFIED TO RESPOND TO THE ENCLOSED ANSWER AND NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. Date: IQ- I (D I C) -Swnuil L. Andes Attorney for Defendant Supreme Court ID 17225 525 North 12th Street P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 N TERESA ANN MEDELLIN, Plaintiff VS. RANIIRO R. MEDELLIN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-4040 Civil Term IN DIVORCE PLAINTIFF'S ANSWER TO DEFENDANT'S PETITION TO VACATE AND NOW comes the above-named Plaintiff, by her attorney, Samuel L. Andes, and makes the following Answer to Defendant's Petition: 1 through 3. Admitted. 4. Denied. To the contrary, since the parties most recent separation, in September of 2008, Plaintiff has engaged in discovery, both formal and informal, with Defendant and has engaged in discussions with Defendant, both directly and through counsel, regarding potential settlement of the case. 5. Admitted. By way of further answer, Plaintiff states that there were other orders for APL which had been canceled by the parties when they reconciled and resumed cohabitation. 6. Admitted. 7. Admitted. 8. Denied. There has been activity in the case between the parties and their counsel, although much of that activity has not been reflected on the docket. Moreover, between 2004 and 2010, the parties reconciled on at least two occasions, for lengthy periods of time, and suspended their efforts to conclude the divorce. 9. Denied for the reasons set forth in the Answer to Paragraph 8 above. 10. Denied as stated. It is acknowledged that Husband has provided information to Wife her and her attorney and has made various proposals for settlement, but it is denied that his efforts have been genuinely intended or designed to settle the case. By way of further answer, Plaintiff states: a. It is acknowledged that, by agreement of the parties, Defendant made cash advances to Plaintiff to assist her in purchasing a home. b. It is admitted that Defendant's counsel sent a settlement proposal to Plaintiff's counsel in January of 2010 but stated that the proposal was not satisfactory because it contained an unrealistic and restrictive proposal regarding alimony and alimony pendente lite. c. It is admitted that Plaintiff, through her counsel, requested additional information from Defendant regarding the marital assets. d. Admitted. By way of further answer, Plaintiff states that the "concerns" she raised related to whether Defendant would, in fact, retire in September of 2010 as he advised Plaintiff he would. Defendant's retirement would have a significant and direct effect upon the arrangements for alimony between the parties. e. Admitted in part and denied in part. It is admitted that Defendant revised the proposed agreement but denied that he addressed all of Plaintiff s concerns, particularly the concerns regarding his planned retirement. f. It is admitted that Defendant's attorney requested Wife to sign and file an Affidavit of Consent. By way of further answer, Plaintiff states this was the first time that Defendant had made such request. g. Admitted. 11. Admitted. 12. Admitted. 13. Admitted. 14. Admitted. By way of further answer, Plaintiff states that her Affidavit of Consent was filed on 4 November 2010. 15. By way of further answer, Plaintiff states that her Affidavit of Consent was filed with the court before 4:00 p.m. on 4 November 2010 but that her attorney was unable to provide a copy of the Consent to Defendant's attorney by the deadline she set. 16. Denied. A copy of the time-stamped consent was provided to Defendant's counsel, although it was provided after the date Defendant filed this Petition. 17. Denied. Whether the divorce case proceeds now or later will not cause Defendant any greater attorneys fees or costs. The averments set out in Plaintiff s New Matter are incorporated herein by reference. 18. Denied. The Rueckert case its progeny are not controlling in this matter. To the contrary, the controlling case law is provided by the Superior Court decision in Hoffman vs. Hoffman, 504 A2d 356 (Pa Super; 1986) which held that the appropriate remedy for a party refusing to proceed with the divorce action while receiving alimony pendente lite is the dismissal of the divorce action. The Superior Court further held, in Hoffman, that the divorce action could not be terminated without the court giving the Plaintiff thirty days notice and the opportunity to file a consent. 19. Admitted. 20. Admitted. WHEREFORE, Plaintiff prays this court to dismiss Defendant's Petition. NEW MATTER By way of further Answer, Plaintiff sets forth the following New Matter: 21. Although this divorce action was commenced in 2004, and an order for alimony pendente lite was entered shortly thereafter, neither party pressed to conclude the divorce until 2010. 22. The parties did not press to conclude the divorce because they were considering reconciliation and efforts to salvage the marriage. 23. In fact, on at least two occasions between 2004 and 2008, the parties reconciled. At one point they purchased a home together and lived in that home for approximately a year. 24. The parties only finally separated in September 2008. 25. Each party had counsel and counsel exchanged information in an effort to assist the parties in reaching a financial settlement. 26. The settlement of the financial claims in the case is complicated by several factors. The first is that Husband had liquidated one of the most valuable marital assets and it was not clear what disposition he made with the proceeds of that sale. Another factor was that his retirement account was created prior to the date of marriage and the parties were not able to obtain records to confirm the value of that account at the time of marriage, which was information they needed to calculate the value of the marital portion of that account. 27. In September of 2010, the parties had been separated for two years. At that point, either party was free to proceed with the divorce action under the provisions of Section 3301 (d) of the Divorce Code. 28. Defendant has not filed an Affidavit of Consent, filed an Affidavit under Section 3301 (d) of the Divorce Code, or moved the court for appointment of the Master. 29. Defendant has done nothing himself to advance this case since the parties separation in 2008. His goal is not to conclude the divorce, but to avoid payment of alimony pendente lite to Plaintiff. 30. The resolution of this case is controlled by the Superior Court's decision in Hoffinan, ib id. WHEREFORE, Plaintiff prays this court to deny Defendant's Petition to Dismiss the Order for Alimony Pendente Lite. Samuel L. An es Attorney for Plaintiff I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: '1? I O zz&,o l? 4,W-A, THERESA ANN HOLMAN CERTIFICATE OF SERVICE I hereby certify that I served an original of the foregoing document upon counsel for the Defendant herein by regular mail, postage prepaid, addressed as follows: 513 q e Cad Stak-L- PO l-?I o/ Date: el - \0 Amy ".kips Secretary for Samuel L. Andes FILtD-OFFICE CU C?pA Ry Z[I!0 PEC 20 AM 9: t :a M'JiklBERLA D COUt,t T ?EHNSYL.W, 1, Law Office of Theresa Barrett Male Theresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101-1058 (717) 233-3220 tbm tbmesquire.com Attorneys for Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TERESA ANN MEDELLIN Plaintiff V. NO. 04-4040 Civil Term RAMIRO R. MEDELLIN Defendant CIVIL ACTION - DIVORCE MOTION FOR APPOINTMENT OF MASTER Ramiro R. Medellin, Defendant, moves the court to appoint a master with respect to the following claims: x Divorce Annulment x Alimony Alimony Pendente Lite and in support of the motion states: x Distribution of Property Support x Counsel Fees x Costs and Expenses (1) Discovery is complete as to the claims for which the appointment of a master is requested. 0 (2) The non-moving party has appeared in this action by her attorney, Samuel L. Andes, Esquire. (3) The statutory ground for divorce is section 3301 (c) of the Divorce Code. (4) Delete the inapplicable paragraph(s): (a) The action is uncontested. (b) An agFeement has been Fearhed with FesperA te the fell Glalms: (c) The action is contested with respect to the following claims: equitable distribution, alimony, counsel fees, costs and expenses. (5) The action involves complex issues of law and fact. (6) The hearing is expected to take 1 day. (7) Additional information, if y, relevan o the mof n: None. Date: December 17, 2010 Attorney for Defendant AND NOW, December , 2010, E. Robert Elicker, II, Esquire is appointed master with respect to the following claims: equitable distribution, alimony, counsel fees, costs and expenses. BY THE COURT: J. MOVING PARTY Ramiro R. Medellin, Defendant NON-MOVING PARTY Teresa Ann Medellin, Plaintiff Attorney's Information Theresa Barrett Male, Esquire 513 North Second Street Harrisburg, PA 1710-1058 717-233-3220 tbm tbmesguire.com Attorney's Information Samuel L. Andes, Esquire P. O. Box 168 Lemoyne, PA 17043 717-761-5361 LawAndes@aol.com 2 ./ PROOF OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the persons and in the manner indicated below which service satisfies the requirements of Pa. R.C.P. 440: Service by first-class mail addressed as follows: Samuel L. Andes, Esquire P.O. Box 168 Lemoyne, PA 17043 Attorney for Plaintiff Service by hand-delivery addressed as follows: E. Robert Elicker, II, Esquire Cumberland County Divorce Master 9 North Hanover Street Carlisle, PA 17013 Law Office of Theresa Barrett Male T eresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Attorneys for Defendant Date: December 20, 2010 Law Office of Theresa Barrett Male Theresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101-1058 (717) 233-3220 tbm tbmesauire.com Attorneys for Plaintiff _ FILED-OFFICE 1 THE P?OTIIOVOT/ R 7010 DEC 20 AM 9: r"UMBEPLAND COUNTY, PENNSYLVANIA COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TERESA ANN MEDELLIN : Plaintiff V. : NO. 04-4040 RAMIRO R. MEDELLIN Defendant CIVIL ACTION - DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on August 16, 2004. 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. 1 consent to the entry of a final decree of divorce after service of notice of U intention to request entry of the decree. 0 • 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 unswom falsification to authorities. " A? 21Lk?? Ramiro R. Medellin Date: 2 FILED-OFFICE itlE PRO TI^IHO P,I t` ZQ10 DEC 20 Aft 0a: t, 55 r:IJMBERLAND COIJtff Y PEWISYLVANIA Law Office of Theresa Barrett Male Theresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101-1058 (717) 233-3220 tbm(&-tbmesauire.com Attorneys for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TERESA ANN MEDELLIN Plaintiff V. : NO. 04-4040 RAMIRO R. MEDELLIN Defendant CIVIL ACTION - DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. r1 ?J 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 unswom falsification to authorities. Date: /;LN r ? Ra iro . Medellin 2 ¦ F1LF?? Ea-?-tl;?r c1414':i, E `? Law Office of Theresa Barrett Male Theresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101-1058 (717) 233-3220 tbm antbmesQuire.com Attorneys for Defendant COURT OF COMMON OF PLEAS CUMBERLAND COUNTY, PENNSYLVANIA TERESA ANN MEDELLIN Plaintiff V. NO. 04-4040 Civil Term RAMIRO R. MEDELLIN Defendant CIVIL ACTION - DIVORCE INCOME AND EXPENSE STATEMENT OF DEFENDANT I verify that the statements made in this Income and Expense Statement 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. rlx'o 2/1L Defendant I MOTOR TFaCH OLO Y, INC, SHIFT: 1 DEPT: 6001 WEEKENDING: 2./20/1 RAMIRO R MEDELLIN ***-**-7439 129137 HOURS CURRENT YTD TOTALS CURRENT YTD, TOTL REGULAR 40.00 1327.85 9294.95 MEDICAL INSURA 86.81 607.67 AFTER TAX INSU 8.00 56.00 DISABILITY I 11.02 FEDERAL TAX 212.93 - 2398.38 FICA TAX 51.66 520.60 401K DEDUCTED 39.84 MEDICARE TX 17.84 179.77 STATE TAX 37.76 380.53 VAC. HRS AVAIL. 128.00 BNS. HRS_-AVAIL. .00 PA UE TAX 1.06 CURRENT GROSS PAY DEDUCTNS NET PAY YTD GROSS PAY DEDUCTNS TOTALS 1327.85 ' 466.92 860.93 TOTALS 13080.15 4622 98 dACKPSI t6C1 HIGHER INFORMATION GROUP 717-652-3310 a %M-16 (REV 5.001 . 77.14 392.44 NET PAY 8457.17 PRINTED IN U.S.A Expense Statement of Defendant Ramiro R. Medellin EXPENSES WEEK MONTH YEAR EXPENSES WEEK MONTH - YEAR Home Education Mortgage $ 532.09 Private School - - Mortgage Rent $ 653.00 Maintenance ' Parochial School Utilities College Electric Gas Oil $ 39.00 Religious Personal Clothing -- _ ? Cell phone / land line $ 134.29 Food $_ 450.00 - Water Barber/hairdresser _ Sewer Credit Payments _ Employment Credit Card $ 452.75 Public Transportation Charge Lunch Taxes Real Estate Personal Property Insurance Homeowners Automobile Life _ Accident Health Other $ 160.00 $ 2.50 $ 32.25 $ 41.50 ' Memberships Loans _ Credit Union iscellaneous Household Help Child Care Papers/books/mag Entertainment _ _ Automobile Pay TV Payments Vacation Fuel Gifts _ Repairs Legal fees $ 1,500.00 Medical Tithe $ 1,235.50 _ Doctor $ 67.63 Other child support Dentist $ 1.67 Apl $ 1,893.00 Orthodontist Other Hospital Medicine $ 10.00 Special Needs Glasses _ Braces Orthopedic devices Subtotal $ 1,673.93 Subtotal $__5,531.25 Total Monthly $ 7,205.18 PROOF OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the persons and in the manner indicated below which service satisfies the requirements of Pa. R.C.P. 440: Service by first-class mail addressed as follows: Samuel L. Andes, Esquire P.O. Box 168 Lemoyne, PA 17043 Attorney for Plaintiff Service by hand-delivery addressed as follows: E. Robert Elicker, II, Esquire Cumberland County Divorce Master 9 North Hanover Street Carlisle, PA 17013 Law Office of Theresa Barrett Male Theresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Attorneys for Defendant Date: March 7, 2011 a? . L Law Office of Theresa Barrett Male Theresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101-1058 (717) 233-3220 tbma-tbmesquire.com Attorneys for Defendant COURT OF COMMON OF PLEAS CUMBERLAND COUNTY, PENNSYLVANIA TERESA ANN MEDELLIN Plaintiff V. : NO. 04-4040 Civil Term RAMIRO R. MEDELLIN Defendant CIVIL ACTION - DIVORCE INVENTORY OF DEFENDANT Defendant files the following inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. Defendant verifies that the statements made in this inventory are true and correct. Defendant understands that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. L:7 Defendant In the Court of Common Pleas of Cumberland County, Pennsylvania Teresa Medellin ) Docket Number: 04-4040 Plaintiff ) vs. ) PACSES Case Number: 647107543 Ramiro Medellin ) Defendant ) Other State ID Number: Please note: All correspondence must include the PACSES Case Number Inventory MARITAL ASSETS 1 2 3 4 5 6 7 8 9 10 11 3f7/2011 Description of Property Title Separation Current Marital Exhibit Value Value Equity (Val. Date) (Val. Date) 1102 Market St Unit 13 J 139,900 139,900 49,900 New Cumberland, PA 17070-1675 $139,900 less mortgage of $90,000 Motor Tech Stock Redemp H 88,994 88,994 Integrity Bank checking J 0 0 #3886 Integrity Bank W 0 #8560 Members' 1st FCU W 0 #4729 Sebring convertible W 0 000 Pontiac H 700 700 otor Technology Inc 401 (k) H 287,740 361,598 192,852 (09/30/2008) (12131/2010) State Farm W 3,301 3,301 #1404 State Farm W 1,485 1,485 #5540 Colonial Life H 0 #8700 TOTALS 489,877 595,978 337,232 (1) (2) (3) (4) (5) (5) (7) Law Office of Theresa Barrett Male Prepared by Ms. Theresa Barrett Male, JD (c) Family Law Software, Inc. v 13.01 3/7/2011 11:30am Ramiro Medellin & Teresa Medellin Page 1 3172011 Notes: (1) Motor Tech Stock Redemp - Amount of payments H received after October 1, 2008 (dos). (2) Integrity Bank -Checking account /Wadded sons Timothy J. Donnelly & Michael J. Donnelly in July 2007 (3) Members' 1 st FCU -Coffee Cup Verses (4) Sebring convertible - W traded in on 2008 Mustang convertible after parties separated - H does not know how much she received. (5) 2000 Pontiac - H traded in on Honda Accord - $700 trade-in allowance (6) State Farm - Balance as of 12/14/08 (7) State Farm - $10k whole life policy/ CV as of 06/27/10 Law Office of Theresa Barrett Male Prepared by Ms. Theresa Barrett Male, JD (c) Family Law Software, Inc. v 13.01 317/2011 11:30am Ramiro Medellin & Teresa Medellin Page 2 3/7/2011 In the Court of Common Pleas of Cumberland County, Pennsylvania Teresa Medellin ) Docket Number: 04-4040 Plaintiff ) vs. ) PACSES Case Number: Ramiro Medellin ) Defendant ) Other State ID Number: 647107543 Please note: All correspondence must include the PACSES Case Number Inventory MARITAL LIABILITIES 1 Description of Property Title Separation Current Marital Exhibit Value Value Debt (Val. Date) Sovereign Bank J 90,000 90,000 TOTALS Notes: (1) Sovereign Bank - mortgage on condo 0 90,000 90,000 (1) Law Office of Theresa Barrett Male Prepared by Ms. Theresa Barrett Male, JD (c) Family Law Software, Inc. v 13.01 31712011 11:30am Ramiro Medellin 8 Teresa Medellin Page 3 In the Court of Common Pleas of Cumberland Teresa Medellin vs. Ramiro Medellin Plaintiff County, Pennsylvania Docket Number: 04-4040 PACSES Case Number: 647107543 Other State ID Number: Defendant Please note: All correspondence must include the PACSES Case Number Inventory NON-MARITAL ASSETS - Ramiro Medellin 1 2 3 4 317/2011 Description of Property Title Date Current Exhibit Acquired Value 525 Barkley Lane H 29,000 Harrisburg, PA 17104 $64,000 less mortgage of $35,000 &T Bank account H 0 #0051 &T Bank Market Adv H 0 #6730 Motor Technology Inc 401(k) H 12/31/2010 168,746 TOTALS 197,746 Law Office of Theresa Barrett Male Prepared by Ms. Theresa Barrett Male, JD (c) Family Law Software, Inc. v 13.01 3n/2011 11:30am Ramiro Medellin & Teresa Medellin Page 4 3m2011 In the Court of Common Pleas of Cumberland County, Pennsylvania Teresa Medellin ) Docket Number: 04-4040 Plaintiff ) vs. ) PACSES Case Number: 647107543 Ramiro Medellin ) Defendant ) Other State ID Number: Please note: All correspondence must include the PACSES Case Number Inventory NON-MARITAL ASSETS - Teresa Medellin 1 2 3 4 Description of Property Title Date Acquired Current Value Exhibit embers' 1st FCU #7242 W 0 Members' 1st FCU #2242 W 0 Coffee Cup Verse W 0 Wonder-Full Children's Books W 0 TOTALS Notes: (1) Members' 1st FCU - Checking & savings (2) Members' 1st FCU - Wonder-full Children's Books/ checking & savings 0 (1) (2) Law Office of Theresa Barrett Male Prepared by Ms. Theresa Barrett Male, JD (c) Family Law Software, Inc. v 13.01 317/2011 11:30am Ramiro Medellin & Teresa Medellin Page 5 lr the Court of Common Pleas of Cumberland County, Pennsylvania Teresa Medellin ) Docket Number: 04-4040 Plaintiff ) vs. ) PACKS Case Number: Ramiro Medellin ) Defendant ) Other State ID Number: 647107543 Please note: All correspondence must include the PACSES Case Number Inventory NON-MARITAL LIAIBILITIES - Ramiro Medellin 1 2 3 4 3/7/2011 Description of Property Title Date Current Exhibit Inccured Value ti MasterCard ii H 0 2107 hase VISA H 0 7433 hase MasterCard H 0 7590 apital One VISA H 0 457 TOTALS Prepared By: Theresa Barrett Male &tree- 15ignature Title: JD 0 C Ze -/ L11 Date Law Office of Theresa Barrett Male Prepared by Ms. Theresa Barrett Male, JD (c) Family Law Software, Inc. v 13.01 3/7/2011 11:30am Ramiro Medellin 6 Teresa Medellin Page 6 PROOF OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the persons and in the manner indicated below which service satisfies the requirements of Pa. R.C.P. 440: Service by first-class mail addressed as follows: Samuel L. Andes, Esquire P.O. Box 168 Lemoyne, PA 17043 Attorney for Plaintiff Service by hand-delivery addressed as follows: E. Robert Elicker, II, Esquire Cumberland County Divorce Master 9 North Hanover Street Carlisle, PA 17013 Law Office of Theresa Barrett Male Theresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Attorneys for Defendant Date: March 7, 2011 TERESA A. MEDELLIN, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE c -n NO. 04-4040 CIVIL TERM z rqG0 C- rn F RAMIRO R. MEDELLIN, IN DIVORCE ter- =? Defendant/Respondent PACSES CASE: 647107543 <3> ° C)l y n c? ORDER OF COURT ? AND NOW, this 30th day of June, 2011, based upon the Court's determination that the Petitioner's monthly net income/earning capacity is $ n/a and the 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 One Thousand Eighteen and 00/100 Dollars ($ 1,018.00) per month payable monthly as follows: $ 1,018.00 per month for Alimony Pendente Lite and $ 0.00 per month on arrears. First payment due July 15, 2011 and on or before the 15th of each month thereafter. The effective date of the order is July 1, 2011. Arrears set at $ 0.00 as of June 30, 2011. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa.C.S.§ 3703. Further, if the Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and, at its discretion, make an appropriate Order, including, but not limited to, commitment of the Respondent to prison for a period not to exceed six months. Said money to be turned over by the PA SCDU to: Teresa Ann Medellin. Payments must be made by check or money order. All checks and money orders must be made payable to PA SCDU and mailed to: PA SCDU P.O. Box 69110 Harrisburg, PA 17106-9110 Payments must include the Respondent's name with their PACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. cc360 The monthly support obligation includes cash medical support in the amount of $250 annually for unreimbursed medical expenses incurred for the spouse. Unreimbursed medical expenses of the spouse that exceed $250 annually shall be allocated between the parties. The party seeking allocation of unreimbursed medical expenses must provide documentation of expenses to the other party no later than March 31" of the year following the calendar year in which the final medical bill to be allocated was received. The unreimbursed medical expenses are to be paid as follows: 0 % by Respondent and 100 % by Petitioner. [X] Respondent [] Petitioner [] Neither party to provide medical insurance coverage. Within thirty (30) days after the entry of this order, the [] Petitioner [X] Respondent shall submit written proof that medical insurance coverage has been obtained or that application for coverage has been made. Proof of coverage shall consist, at a minimum, of: 1) the name of the health care coverage provider(s); 2) any applicable identification numbers; 3) any cards evidencing coverage; 4) the address to which claims should be made; 5) a description of any restrictions on usage, such as prior approval for hospital admissions, and the manner of obtaining approval; 6) a copy of the benefit booklet or coverage contract; 7) a description of all deductibles and co-payments; and 8) five copies of any claim forms. Other conditions: This Order is based upon an agreement of the parties through their counsel on this date and considers that the Respondent will pay the mortgage, in the amount of $875.00 per month, on the jointly owned New Cumberland property that the Petitioner resides in, commencing with the mortgage payment of July 1, 2011. This Order shall become final twenty (20) after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Office of the Prothonotary for a hearing de novo before the Court. Mailed copies on: June 30, 2011 BY THE COURT P Edward E. Guido, J. Petitioner Respondent Teresa Barrett Male, Esq. Samuel L. Andes Esq. DRO: R.J. Shadday TERESA ANN MEDELLIN, Plaintiff VS. RAMIRO R. MEDELLIN, - Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04 - 4040 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this -11?- day of S CT V ke.L 2011, the economic claims raised in the proceedings having been resolved in accordance with a marital settlement agreement dated October 5, 2011, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, Kevi A. Hess, P.J. cc: 'Samuel L. Andes Attorney for Plaintiff Mal ? 1 Theresa Barrett Male ` JD16 flXg Attorney for Defendant . ?06er+ 8(CkjLk,?. &cL. -?n b,Ie- Ali ou to MARITAL SETTLEMENT AGREEMENT r This Agreement is entered into on October `? 2011 between Ramiro R. Medellin ("Husband") and Teresa Ann Medellin, aka Teresa Ann Holman ("Wife") RECITALS WHEREAS, Husband and Wife were married on March 21, 1992 in Mechanicsburg, Pennsylvania, and WHEREAS, no children were born of this marriage; and WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties, who intend to live separate and apart forthe rest of their natural lives, and WHEREAS, on August 16, 2004, Wife filed a Complaint in Divorce in the Cumberland County Court of Common Pleas docketed to # 04-4040, which she thereafter reinstated on January 17, 2007; and WHEREAS, on July 26, 2005, Wife filed a Complaint in Divorce in the Cumberland County Court of Common Pleas docketed to # 05-3781, which she discontinued on December 11, 2007, and WHEREAS, the parties desire to settle fully and finally their respective financial and property rights and obligations as between each other, including but not limited to the ownership and equitable distribution of real and personal property; past, present and future support, alimony and/or maintenance; child custody and child support, if applicable; and any and all claims which either party has, or may have, against the other orthe other's estate. ,f In consideration of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which the parties acknowledge, the parties, each intending to be legally bound, hereby covenant and agree to the terms set forth in this Agreement. 1. ADVICE OF COUNSEL Wife has been represented by Samuel L. Andes, Esquire, and Husband has been represented by Theresa Barrett Male, Esquire. Each party acknowledges receiving independent legal advice from counsel, including all rights under the Divorce Code and other applicable laws. Additionally, each party's counsel has explained fully the provisions of this Agreement and their legal effect. 2. SEPARATION Each party shall have the right to live separate and apart from the other party, free from the other party's interference, authority and control. Neither party shall harass the other or attempt to harass the other, nor compel the parties' cohabitation 3. WAIVER OF RIGHTS AND MUTUAL RELEASES Except as provided in this Agreement, both parties absolutely and unconditionally release and forever discharge each other and their heirs, executors, administrators, assigns, property and estates from any and all rights, claims demands or obligations arising out of or by virtue of the marital relationship, whether such claims exist now or arise in the future. This release shall be effective regardless of whether such claims arise out of former or future acts, contracts, Page 2 of 14 engagements or liabilities of the parties or by way of dower, curtesy, widow's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or other country. Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations of the parties contained in this Agreement, each party gives to the other an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever, in law or in equity, which either party ever had or now has against the other, including but not limited to alimony, alimony pendente lite, equitable distribution of marital property, counsel fees or expenses. 4. EFFECT OF DIVORCE DECREE ON AGREEMENT Either party may enforce this Agreement as provided in section 3io5(a) of the Divorce Code. As provided in section 33.05(c), provisions of this Agreement regarding equitable distribution, alimony, alimony pendente lite, counsel fees or expenses shall not be subject to modification by the court. S. EXECUTION OF AFFIDAVITS AND WAIVERS Prior to signing this Agreement, the parties executed and filed affidavits consenting to the divorce, and waivers of notice of intent to request entry of the divorce decree. Husband shall Page 3 of 14 assume responsibility for finalizing the divorce action by September 30, zoii, and for processing the qualified domestic relations order identified in paragraph 2o.B. 6. DATE OF EXECUTION The "date of execution" or "execution date" of this Agreement is the date upon which it is signed by the parties if they sign the Agreement on the same date. Otherwise, the "date of execution" or "execution date" shall be the date on which the last party signed this Agreement. 7. HEADINGS NOT PART OF AGREEMENT The descriptive headings preceding the paragraphs are for convenience and shall not affect the meaning, construction or effect of this Agreement. 8. SEVERABILITY AND INDEPENDENT AND SEPARATE COVENANTS Each separate obligation shall be deemed to be a separate and independent covenant and agreement. If a court declares any term, condition, clause or provision of this Agreement void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken. In all other respects, this Agreement shall be valid and continue in full force, effect and operation. 9. ADDITIONAL INSTRUMENTS Within ten (so) days after a request to do so, each party shall execute, acknowledge and deliver to the other any and all instruments, assignments, releases, satisfactions, deeds, notes, ERISA waivers, or other writings that may be necessary to give full force and effect to this Agreement. Pager, of 14 10. AGREEMENT BINDING ON HEIRS This Agreement shall be binding on and shall inure to the benefit of the parties and their respective heirs, executors, administrators, successors and assigns. 11. 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, warranties, covenants or promises otherthan those expressly set forth in this Agreement. 12. MODIFICATION OR WAIVER TO BE IN WRITING No modification or waiver of any term of this Agreement shall be valid unless in writing and signed by both parties. 13. NO WAIVER OF DEFAULT Either party's failure to insist upon strict performance of any term of this Agreement shall in no way affect the right of that party to enforce the term. 14. APPLICABLE LAW This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 15. VOUNTARY EXECUTION Each party understands the terms and conditions of this Agreement and acknowledges that the Agreement is fair and equitable. The parties have reached this Agreement freely and voluntarily, without any duress, undue influence, collusion or improper or illegal agreements. Page 5 of 14 16. ENFORCEMENT The breaching or defaulting party shall pay all legal fees, costs, expenses, and all other damages incurred by the other party in enforcing this Agreement whether through court, mediation, private contact between the parties and/or counsel, or other dispute resolution processes. 17. DISCLOSURE OF ASSETS Each party has had an opportunity to discuss with counsel the concept of marital property under Pennsylvania law, the right to seek discovery under the Divorce Code and the rules of civil procedure; and the right to have the other party's real estate, personal property, estate and assets, earnings and income assessed or evaluated by the courts of this Commonwealth. Each party understands that he/she had the right to obtain from the other a complete inventory or list of all property that either or both parties owned at the time of separation or currently, and that each party had the right to have all property valued by means of appraisals or otherwise. The parties waive all rights to additional disclosure, valuation, enumeration or statement of the other party's income, assets or liabilities. Neither party desires to make or append to this Agreement any additional enumeration or statement. Neither party shall sue the other party or that party's heirs, executors, administrators or assigns, alleging denial of any right to full disclosure, or fraud, duress, undue influence or failure to have available full, proper and independent representation by legal counsel. Page 6 of 14 The parties acknowledge that, other than inspecting the documents provided by the parties, their attorneys have not made any independent investigation of the character, value, or extent of the parties' assets, debts or income. In entering into this Agreement, the parties are relying on their disclosures to each other and not on independent verification by their attorneys of the accuracy or completeness of the parties' disclosures. 18. WIFE'S AND HUSBAND'S DEBTS Except as otherwise set forth in this Agreement, the parties represent and warrant to each other that they have not incurred and will not contract or incur any debt or liability for which the other or the other's estate might be responsible. Each party shall indemnify and save harmless the other from any and all claims or demands made against the other by reason of debts or obligations incurred by that party. 19. EFFECT OF RECONCILIATION OR COHABITATION The parties' reconciliation, attempt to reconcile, or cohabitation as husband and wife, shall not abrogate the terms of this Agreement. This Agreement shall remain in full force and effect unless the parties modify the Agreement as provided in paragraph 12 or execute a notarized statement declaring this Agreement and all its provisions null and void. 20. EQUITABLE DISTRIBUTION A. Real Estate Prior to executing this Agreement, the parties sold the former marital residence located at 1027 Drexel Hills Boulevard, New Cumberland, Cumberland County, Pennsylvania and divided the Page 7 Of 14 net proceeds. Each party waives and relinquishes all claims in and to any proceeds which the other received, and neither will seek any contribution from the other for deficiencies or losses, if any, related to the sale. The parties hold title to Wife's condo located at 1102 Market Street, New Cumberland, Cumberland County, Pennsylvania as joint tenants by the entireties. Concurrently with signing this Agreement, Wife shall execute and deliver to Husband a deed transferring to Husband her right, title and interest in and to the property, under and subject to the mortgage and the encumbrances of record. From and after that date, Husband shall be solely responsible for the mortgage, and shall indemnify and hold harmless Wife from all efforts by the mortgagor to enforce this obligation against her. As of the execution date of this Agreement, any and all title policies and any other policies of insurance with respect to this property shall be endorsed to reflect Husband as the sole owner. Wife shall be entitled to remain in the condo until September 30, 2012, during which time she shall pay timely the condominium fee, all utilities, and all other expenses associated with her occupancy of the property. Wife shall maintain the property in good repair and shall not undertake any action to impair Husband's interest in the property. If Wife fails to pay timely the fees and expenses, or fails to maintain the property in good repair, Husband shall be entitled to deduct from Wife's alimony payments, as more particularly identified in paragraph 22, the fees, expenses and repair costs he incurs. If Wife fails to vacate the condo by September 30, 2012, then, beginning October 1, 2012, she shall pay Husband the sum of $875.00 per month in Page 8 of 14 rent for each month in which Wife has any property in the condo after September 30, 2012. The rent shall not be pro-rated for portions of a month in which Wife or her property remains in the condo. Additionally, the rental payment excludes Wife's responsibility for the fees and expenses identified in this paragraph. B. Pension and Retirement Benefits Pursuant to a qualified domestic relations order ("gdro") to be prepared by Jonathan D. Cramer, F.S.A., Wife shall receive from Husband's Motor Technology 40i(k) plan the sum of $148,607.00, subject to investment gains and losses to the date of distribution. The parties shall share the actuary's fee for preparing the gdro. Wife shall not be entitled to any additional distribution from the 401(k) plan, the balance of which shall be Husband's sole and separate asset. Both parties timely shall execute any waivers, including ERISA waivers, which the other may request after entry of the divorce decree. C. Accounts and Investments Wife shall retain all accounts and investments, including but not limited to bank accounts, brokerage accounts, and shares of stock, titled in her name. Husband shall retain all accounts, including but not limited to bank accounts, brokerage accounts, and shares of stock, titled in his name. Neither party shall be entitled to raise a claim to any of the accounts which the other is retaining pursuant to this paragraph. Page 9 of 14 D. Life Insurance Policies Each party represents and warrants to the other that neither has acquired any life insurance policy during the marriage with a cash or surrender value. From and after the date of this agreement, both parties shall be entitled to designate a beneficiary of any term policy which either may have acquired during the marriage. E. Tangible Personal Property Husband shall retain all personal property currently in his possession or control. Wife shall retain all personal property currently in her possession or control. Each party waives and relinquishes all claims in and to the property which the other is retaining. F. Employment Benefits Each party shall retain all employee benefits, including but not limited to stock options, profit sharing plan, vacation pay, and sick pay which that party has or may have acquired as a result of his/her employment with any employer, whether before or after the date of marriage. Each party waives and relinquishes all claims in and to such benefits retained by the other party. Husband shall retain all payments which he received pursuant to the Motor Technology Stock Redemption Agreement after the parties separated. Wife waives and relinquishes all claims in and to the marital portion, if any, of those payments. 21. CASH PAYMENT Concurrently with Wife's execution of this Agreement and the deed referenced in paragraph 2o, Husband shall pay Wife $20,000.00. This payment is in the nature of equitable Page 10 of 14 distribution of assets and shall not be considered as alimony for federal income tax purposes. Additionally, Wife acknowledges that this payment is in addition to previous payments which Husband made to Wife as an advance on equitable distribution. 22. SPOUSAL SUPPORT ALIMONY PENDENTE LITE AND ALIMONY Alimony Pendente Lite Capl") Pursuant to a consent order dated June 30, 20-11., Husband has been paying Wife si,o3.8.oo per month as apl. Additionally, Husband is paying the condo mortgage payment of $875.0o per month, which also is being treated as apl. Husband's apl obligation shall terminate upon entry of the divorce decree, and all wage attachment orders shall be vacated effective that date. All overpayments shall be refunded to Husband. Wife shall report apl payments of s1,893.00 per month on her federal income tax returns for 20-11. and shall provide copies of her returns, as filed, within ten (1.o) days of Husband's request. Alimony Beginning on the date of the entry of the divorce decree, Husband shall pay Wife alimony in the amount of $1.,o-18 per month. Husband shall make these payments directly to Wife by regular mail. Wife shall negotiate the checks by the fifteenth (-15th) day of each month. Husband will pay this sum as alimony until September 30, 2012, after which Husband shall not have any additional alimony obligation to Wife. Husband shall continue to pay the condo mortgage of $875.00 per month, which also shall be treated as alimony to Wife, until September 30, 2012. The alimony payments totaling $-1,893.00 per month shall be deductible by Husband and shall be Page ii of 14 includible income to Wife. Revisions to the Internal Revenue Code sections on alimony shall not affect the tax consequences of the alimony payments as agreed to by the parties in this paragraph. Wife shall report alimony payments of $i,893.00 per month on her income tax returns and shall provide copies of her returns, as filed, within ten (10) days of Husband's request. The payments shall terminate upon the death of either party, or upon Wife's remarriage or cohabitation. 23. LEGAL FEES, COSTS AND EXPENSES With the exception of the actuary's fees identified in paragraph 20.B., neither party shall seek reimbursement or contribution from the other for payment of legal fees, costs, or any other expenses incurred in connection with this Agreement orthe divorce action 24. TAX CONSEQUENCES OF PROPERTY TRANSFER The parties have negotiated this Agreement with the understanding that the property transfers described in this Agreement fall within the provisions of section 1041 of the Internal Revenue Code, and as such will not result in the recognition of any gain or loss upon the transfer by the transferor. Joint Tax Returns If any deficiency in the parties' income tax is proposed as a result of any tax year in which the parties filed joint returns, or any assessment of any such tax is made against the parties, then, prior to settling or contesting any such claims, the parties shall pay the tax, interest, penalty or expense assessed or proposed to be assessed against them on a pro-rata share according to their Page 12 of 14 N respective income levels. The parties also will pay all costs and expenses for defending any tax audits relating to the parties' tax returns and tax liabilities on the same pro-rata basis. If such audit reveals that either party was responsible for misrepresentations, errors, failures to disclose, and/or omissions in the reporting of that party's income, expenses, deductions, interest, etc., then that party shall assume solely and entirely all tax liabilities, including the payment of interest and penalties, which are assessed against the parties as a result. In that event, the responsible party shall indemnify and hold the other harmless from and against any loss or liability for all such tax deficiencies, including but not limited to reasonable legal and accounting fees and costs. Tax Notices Within five (5) calendar days of either party's receipt of any deficiency notice or other correspondence from the Internal Revenue Service, the Pennsylvania Department of Revenue, or the local taxing authority, the receiving party shall provide the other with a copy of such notice and/or correspondence. 25. INDEMNIFICATION If either party initiates any claim, action or proceeding to hold the other party liable for any other debts, obligations, liability, act or omission of the other party, the defending party, at his or her sole expense, shall defend the other against any such claim or demand, whether or not well-founded, and shall indemnify and hold harmless the other party from all damages. "Damages" shall include any claim, action, demand, loss, cost, expense, penalty, and other damage, including without limitation, counsel fees and other costs and expenses reasonably Page 13 of 14 incurred in investigating, attempting to avoid, or opposing the imposition of damages, or in enforcing this provision against inaccurate representations made by or on behalf of either party to the other, any breach of the warranties made by the parties in this Agreement, or breach or default in performance by either party of any obligations to be performed by such party under the terms of this Agreement. Husband and Wife shall notify the other in writing within five (5) days of service or other notice that any litigation has been threatened or instituted against either party which might constitute the basis for a claim for indemnity pursuant to the terms of this Agreement. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first written above. Witness z1zo,?&a;e heresa Barrett Male, Esquire a uel L. Andes, Esquire -tj -y) r? 1 fiflM.tti?? / ?? (J?? Ramiro R. Medellin /ails D &ix Teresa Ann Medellin I? L " GI?X / Teresa Ann Holman Page 14 of 14 TERESA ANN MEDELLIN V. RAMIRO R. MEDELLIN DIVORCE DECREE Ox ?1 9-- 0?3•-t 0P.M . AND NOW, _ _ ?, O.-Of , it is ordered and decreed that TERESA ANN MEDELLIN , plaintiff, and RAMIRO R. MEDELLIN , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") All claims are resolved by the Marital Settlement Agreement dated 10/05/11, a copy of which is attached as Exhibit 1. By th , Attest: J. Prothonotary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-4040 CIVIL ACTION to ao ??/'? Col lI7adeol 7?P Noh7 ° 4 Copy '? l 'J Ades ?wze Exhibit 1 MARITAL SETTLEMENT AGREEMENT This Agreement is entered into on October 2011 between Ramiro R. Medellin ("Husband") and Teresa Ann Medellin, aka Teresa Ann Holman ("Wife"). RECITALS WHEREAS, Husband and Wife were married on March 21, 1992 in Mechanicsburg, Pennsylvania; and WHEREAS, no children were born of this marriage; and WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties, who intend to live separate and apart for the rest of their natural lives, and WHEREAS, on August 16, 2004, Wife filed a Complaint in Divorce in the Cumberland County Court of Common Pleas docketed to # 04-4040, which she thereafter reinstated on January 17, 2007, and WHEREAS, on July 26, 2005, Wife filed a Complaint in Divorce in the Cumberland County Court of Common Pleas docketed to # 05-3781, which she discontinued on December 11, 2007; and WHEREAS, the parties desire to settle fully and finally their respective financial and property rights and obligations as between each other, including but not limited to the ownership and equitable distribution of real and personal property; past, present and future support, alimony and/or maintenance, child custody and child support, if applicable; and any and all claims which either party has, or may have, against the other orthe other's estate. In consideration of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which the parties acknowledge, the parties, each intending to be legally bound, hereby covenant and agree to the terms set forth in this Agreement. 1. ADVICE OF COUNSEL Wife has been represented by Samuel L. Andes, Esquire, and Husband has been represented by Theresa Barrett Male, Esquire. Each party acknowledges receiving independent legal advice from counsel, including all rights under the Divorce Code and other applicable laws. Additionally, each party's counsel has explained fully the provisions of this Agreement and their legal effect. 2. SEPARATION Each party shall have the right to live separate and apart from the other party, free from the other party's interference, authority and control. Neither party shall harass the other or attempt to harass the other, nor compel the parties' cohabitation 3. WAIVER OF RIGHTS AND MUTUAL RELEASES Except as provided in this Agreement, both parties absolutely and unconditionally release and forever discharge each other and their heirs, executors, administrators, assigns, property and estates from any and all rights, claims demands or obligations arising out of or by virtue of the marital relationship, whether such claims exist now or arise in the future. This release shall be effective regardless of whether such claims arise out of former or future acts, contracts, Page 2 of 14 engagements or liabilities of the parties or by way of dower, curtesy, widow's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or other country. Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations of the parties contained in this Agreement, each party gives to the other an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever, in law or in equity, which either party ever had or now has against the other, including but not limited to alimony, alimony pendente lite, equitable distribution of marital property, counsel fees or expenses. 4. EFFECT OF DIVORCE DECREE ON AGREEMENT Either party may enforce this Agreement as provided in section 3105(a) of the Divorce Code. As provided in section 33-05(c), provisions of this Agreement regarding equitable distribution, alimony, alimony pendente lite, counsel fees or expenses shall not be subject to modification bythe court. 5. EXECUTION OF AFFIDAVITS AND WAIVERS Prior to signing this Agreement, the parties executed and filed affidavits consenting to the divorce, and waivers of notice of intent to request entry of the divorce decree. Husband shall Page 3 of 14 assume responsibility for finalizing the divorce action by September 30, zozi, and for processing the qualified domestic relations order identified in paragraph zo.B. 6. DATE OF EXECUTION The "date of execution" or "execution date" of this Agreement is the date upon which it is signed by the parties if they sign the Agreement on the same date. Otherwise, the "date of execution" or "execution date" shall be the date on which the last party signed this Agreement. 7. HEADINGS NOT PART OF AGREEMENT The descriptive headings preceding the paragraphs are for convenience and shall not affect the meaning, construction or effect of this Agreement. 8. SEVERABILITY AND INDEPENDENT AND SEPARATE COVENANTS Each separate obligation shall be deemed to be a separate and independent covenant and agreement. If a court declares any term, condition, clause or provision of this Agreement void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken. In all other respects, this Agreement shall be valid and continue in full force, effect and operation. g. ADDITIONAL INSTRUMENTS Within ten (io) days after a request to do so, each party shall execute, acknowledge and deliver to the other any and all instruments, assignments, releases, satisfactions, deeds, notes, ERISA waivers, or other writings that may be necessary to give full force and effect to this Agreement. Page 4 of 14 10. AGREEMENT BINDING ON HEIRS This Agreement shall be binding on and shall inure to the benefit of the parties and their respective heirs, executors, administrators, successors and assigns. 11. 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, warranties, covenants or promises other than those expressly set forth in this Agreement. 12. MODIFICATION OR WAIVER TO BE IN WRITING No modification or waiver of any term of this Agreement shall be valid unless in writing and signed by both parties. 13. NO WAIVER OF DEFAULT Either party's failure to insist upon strict performance of any term of this Agreement shall in no way affect the right of that party to enforce the term. 14. APPLICABLE LAW This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 15. VOUNTARY EXECUTION Each party understands the terms and conditions of this Agreement and acknowledges that the Agreement is fair and equitable. The parties have reached this Agreement freely and voluntarily, without any duress, undue influence, collusion or improper or illegal agreements. Page 5 of 14 3.6. ENFORCEMENT The breaching or defaulting party shall pay all legal fees, costs, expenses, and all other damages incurred by the other party in enforcing this Agreement whether through court, mediation, private contact between the parties and/or counsel, or other dispute resolution processes. 3.7. DISCLOSURE OF ASSETS Each party has had an opportunity to discuss with counsel the concept of marital property under Pennsylvania law, the right to seek discovery under the Divorce Code and the rules of civil procedure; and the right to have the other party's real estate, personal property, estate and assets, earnings and income assessed or evaluated by the courts of this Commonwealth. Each party understands that he/she had the right to obtain from the other a complete inventory or list of all property that either or both parties owned at the time of separation or currently, and that each party had the right to have all property valued by means of appraisals or otherwise. The parties waive all rights to additional disclosure, valuation, enumeration or statement of the other party's income, assets or liabilities. Neither party desires to make or append to this Agreement any additional enumeration or statement. Neither party shall sue the other party or that party's heirs, executors, administrators or assigns, alleging denial of any right to full disclosure, or fraud, duress, undue influence or failure to have available full, proper and independent representation by legal counsel. Page 6 of 14 The parties acknowledge that, other than inspecting the documents provided by the parties, their attorneys have not made any independent investigation of the character, value, or extent of the parties' assets, debts or income. In entering into this Agreement, the parties are relying on their disclosures to each other and not on independent verification by their attorneys of the accuracy or completeness of the parties' disclosures. 18. WIFE'S AND HUSBAND'S DEBTS Except as otherwise set forth in this Agreement, the parties represent and warrant to each other that they have not incurred and will not contract or incur any debt or liability for which the other or the other's estate might be responsible. Each party shall indemnify and save harmless the other from any and all claims or demands made against the other by reason of debts or obligations incurred by that party. 19. EFFECT OF RECONCILIATION OR COHABITATION The parties' reconciliation, attempt to reconcile, or cohabitation as husband and wife, shall not abrogate the terms of this Agreement. This Agreement shall remain in full force and effect unless the parties modify the Agreement as provided in paragraph 12 or execute a notarized statement declaring this Agreement and all its provisions null and void. 20. EQUITABLE DISTRIBUTION A. Real Estate Prior to executing this Agreement, the parties sold the former marital residence located at 1027 Drexel Hills Boulevard, New Cumberland, Cumberland County, Pennsylvania and divided the Page 7 of 14 net proceeds. Each party waives and relinquishes all claims in and to any proceeds which the other received, and neither will seek. any contribution from the other for deficiencies or losses, if any, related to the sale. The parties hold title to Wife's condo located at 1102 Market Street, New Cumberland, Cumberland County, Pennsylvania as joint tenants by the entireties. Concurrently with signing this Agreement, Wife shall execute and deliver to Husband a deed transferring to Husband her right, title and interest in and to the property, under and subject to the mortgage and the encumbrances of record. From and after that date, Husband shall be solely responsible for the mortgage, and shall indemnify and hold harmless Wife from all efforts by the mortgagor to enforce this obligation against her. As of the execution date of this Agreement, any and all title policies and any other policies of insurance with respect to this property shall be endorsed to reflect Husband as the sole owner. Wife shall be entitled to remain in the condo until September 30, 2012, during which time she shall pay timely the condominium fee, all utilities, and all other expenses associated with her occupancy of the property. Wife shall maintain the property in good repair and shall not undertake any action to impair Husband's interest in the property. If Wife fails to pay timely the fees and expenses, or fails to maintain the property in good repair, Husband shall be entitled to deduct from Wife's alimony payments, as more particularly identified in paragraph 22, the fees, expenses and repair costs he incurs. If Wife fails to vacate the condo by September 30, 2012, then, beginning October 1, 2012, she shall pay Husband the sum of $875.00 per month in Page 8 of 14 rent for each month in which Wife has any property in the condo after September 30, 2012. The rent shall not be pro-rated for portions of a month in which Wife or her property remains in the condo. Additionally, the rental payment excludes Wife's responsibility for the fees and expenses identified in this paragraph. B. Pension and Retirement Benefits Pursuant to a qualified domestic relations order ("gdro") to be prepared by Jonathan D. Cramer, F.S.A., Wife shall receive from Husband's Motor Technology 4o1(k) plan the sum of $3.48,607.00, subject to investment gains and losses to the date of distribution. The parties shall share the actuary's fee for preparing the qdro. Wife shall not be entitled to any additional distribution from the 401(k) plan, the balance of which shall be Husband's sole and separate asset. Both parties timely shall execute any waivers, including ERISA waivers, which the other may request after entry of the divorce decree. C. Accounts and Investments Wife shall retain all accounts and investments, including but not limited to bank accounts, brokerage accounts, and shares of stock, titled in her name. Husband shall retain all accounts, including but not limited to bank accounts, brokerage accounts, and shares of stock, titled in his name. Neither party shall be entitled to raise a claim to any of the accounts which the other is retaining pursuant to this paragraph. Page 9 of 3.4 D. Life Insurance Policies Each party represents and warrants to the other that neither has acquired any life insurance policy during the marriage with a cash or surrender value. From and after the date of this agreement, both parties shall be entitled to designate a beneficiary of any term policy which either may have acquired during the marriage. E. Tangible Personal Property Husband shall retain all personal property currently in his possession or control. Wife shall retain all personal property currently in her possession or control. Each party waives and relinquishes all claims in and to the propertywhich the other is retaining. F. Employment Benefits Each party shall retain all employee benefits, including but not limited to stock options, profit sharing plan, vacation pay, and sick pay which that party has or may have acquired as a result of his/her employment with any employer, whether before or after the date of marriage. Each party waives and relinquishes all claims in and to such benefits retained by the other party. Husband shall retain all payments which he received pursuant to the Motor Technology Stock Redemption Agreement after the parties separated. Wife waives and relinquishes all claims in and to the marital portion, if any, of those payments. 21. CASH PAYMENT Concurrently with Wife's execution of this Agreement and the deed referenced in paragraph zo, Husband shall pay Wife $zo,ooo.oo. This payment is in the nature of equitable Page 10 of 14 distribution of assets and shall not be considered as alimony for federal income tax purposes. Additionally, Wife acknowledges that this payment is in addition to previous payments which Husband made to Wife as an advance on equitable distribution. 22. SPOUSAL SUPPORT, ALIMONY PENDENTE LITE AND ALIMONY Alimony Pendente Lite Cal") Pursuant to a consent order dated June 30, 2011, Husband has been paying Wife $1,018.00 per month as apl. Additionally, Husband is paying the condo mortgage payment of $875.00 per month, which also is being treated as apl. Husband's apl obligation shall terminate upon entry of the divorce decree, and all wage attachment orders shall be vacated effective that date. All overpayments shall be refunded to Husband. Wife shall report apl payments of $1,893.00 per month on her federal income tax returns for 2011 and shall provide copies of her returns, as filed, within ten (10) days of Husband's request. Alimony Beginning on the date of the entry of the divorce decree, Husband shall pay Wife alimony in the amount of $1,018 per month. Husband shall make these payments directly to Wife by regular mail. Wife shall negotiate the checks by the fifteenth (15th) day of each month. Husband will pay this sum as alimony until September 30, 2012, after which Husband shall not have any additional alimony obligation to Wife. Husband shall continue to pay the condo mortgage of $875.00 per month, which also shall be treated as alimonyto Wife, until September 30, 2012. The alimony payments totaling s1,893.00 per month shall be deductible by Husband and shall be Page 11 of 14 includible income to Wife. Revisions to the Internal Revenue Code sections on alimony shall not affect the tax consequences of the alimony payments as agreed to by the parties in this paragraph. Wife shall report alimony payments of $1,893.00 per month on her income tax returns and shall provide copies of her returns, as filed, within ten (10) days of Husband's request. The payments shall terminate upon the death of either party, or upon Wife's remarriage or cohabitation. 23. LEGAL FEES COSTS AND EXPENSES With the exception of the actuary's fees identified in paragraph 2o.B., neither party shall seek reimbursement or contribution from the other for payment of legal fees, costs, or any other expenses incurred in connection with this Agreement or the divorce action. 24. TAX CONSEQUENCES OF PROPERTY TRANSFER The parties have negotiated this Agreement with the understanding that the property transfers described in this Agreement fall within the provisions of section 1041. of the Internal Revenue Code, and as such will not result in the recognition of any gain or loss upon the transfer by the transferor. Joint Tax Returns If any deficiency in the parties' income tax is proposed as a result of any tax year in which the parties filed joint returns, or any assessment of any such tax is made against the parties, then, prior to settling or contesting any such claims, the parties shall pay the tax, interest, penalty or expense assessed or proposed to be assessed against them on a pro-rata share according to their Page 12 of 14 respective income levels. The parties also will pay all costs and expenses for defending any tax audits relating to the parties' tax returns and tax liabilities on the same pro-rata basis. if such audit reveals that either party was responsible for misrepresentations, errors, failures to disclose, and/or omissions in the reporting of that party's income, expenses, deductions, interest, etc., then that party shall assume solely and entirely all tax liabilities, including the payment of interest and penalties, which are assessed against the parties as a result. In that event, the responsible party shall indemnify and hold the other harmless from and against any loss or liability for all such tax deficiencies, including but not limited to reasonable legal and accounting fees and costs. Tax Notices Within five (5) calendar days of either party's receipt of any deficiency notice or other correspondence from the internal Revenue Service, the Pennsylvania Department of Revenue, or the local taxing authority, the receiving party shall provide the other with a copy of such notice and/or correspondence. 25. INDEMNIFICATION If either party initiates any claim, action or proceeding to hold the other party liable for any other debts, obligations, liability, act or omission of the other party, the defending party, at his or her sole expense, shall defend the other against any such claim or demand, whether or not well-founded, and shall indemnify and hold harmless the other party from all damages. "Damages" shall include any claim, action, demand, loss, cost, expense, penalty, and other damage, including without limitation, counsel fees and other costs and expenses reasonably Page 13 of 14 incurred in investigating, attempting to avoid, or opposing the imposition of damages, or in enforcing this provision against inaccurate representations made by or on behalf of either party to the other, any breach of the warranties made by the parties in this Agreement, or breach or default in performance by either party of any obligations to be performed by such party under the terms of this Agreement. Husband and Wife shall notify the other in writing within five (S) days of service or other notice that any litigation has been threatened or instituted against either party which might constitute the basis for a claim for indemnity pursuant to the terms of this Agreement. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first written above. Witness heresa Barrett Male, Esquire a uel L. Andes, Esquire Ramiro R. Medellin qL ,'A `-)W faw?ir Teresa Ann Medellin Teresa Ann Holman Page 14 of 14 TERESA ANN MEDELLIN, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA ;A r - 2 _ VS CIVIL ACTION - DIVORCE . M F-5 NO. 04-4040 CIVIL TERM ' -77 L}r- RAMIRO R. MEDELLIN, IN DIVORCE -' ` Cn - Defendant/Respondent PACSES Case No: 647107543 -a = c?p ORDER OF COURT AND NOW to wit, this 25th day of October 2011, it is hereby Ordered that Order for Alimony Pendente Lite is terminated, effective October 18, 2011, pursuant to the parties' Marital Settlement Agreement of October 5, 2011 and the Divorce Decree of October 18, 2011. The Alimony Pendente Lite account is closed with a credit/overpayment of $449.04. This Order shall become final twenty (20) days after the mailing of the notices of the entry of the Order to the parties unless either party files a written demand with the Office of the Prothonotary for a hearing de novo before the Court. BY THE CO Edward E. Guido, J. DRO: R.J. Shadday xc: Petitioner Respondent Theresa Barrett Male, Esq. Samuel L. Andes, Esq. Form OE-001 Service Type: M Worker: 21005 LIEN SATISFACTION Name: Ramiro Medellin Member Number: M#0397101534 Judgment Lien Satisfied as of: 10/2511 Amount Paid: $ Closed Signed: o,&- -kh - ,_, (Lien Coordinator) Pacses# 647107543 No. 04-4040 Civil DR# rqw c- -, =M - -UM wl -<> p ;?Q= C) I x c:) --, -- C t) CC722