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HomeMy WebLinkAbout01-3282 - GOLDBERG, KAUMAN 6. SHIPMAN. P.C. PAUL oJ. ESPOSITO - I.D. #25454 A nORNEYS FOR PLAINTIFF 320 MARKET STREET STRAWBERRY SQUARE P.O. Box I 268 HARRISBURG. PA I 7 I oa- I Z6e 1717) 234-4161 ..JOHN ..J. WELLS, ..JR., PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNlY, PENNSYLVANIA V. CIVIL ACTION - LAW DEFENDANT NO. 01- J;.pJ..... IN DIVORCE C?1.t.>~lc,-~ LINDA L. WELLS, NOTICE TO DEFEND AND CLAIM RIGHTS You HAVE BEEN SUED IN COURT IF YOu WISH TO DEFEND AOAlNST THE CLAIMS SET FORTH IN THE FOL.LOWING PAOES, YOU MUST TAKE PROMPT ACTION. You ARE WARNED THAT IF YOU FAIL TO DO SO, THE CASE MAY PROCEED WITHOUT YOU AND A DECREE OF DIVORCE OR ANNUL.MENT MAY BE ENTERED AOAINST YOU BY THE COURT. A .JUDOMENT 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 DIVORCE IS INDIGNITIES OR IRRETRIEVABLE BREAKDOWN OF THE MARRIAOE. YOU MAY REQUEST MARRIAOE COUNSELING. A LIST OF MARRlAOE COUNSELORS IS AVAILABLE IN THE OFFICE OF THE PROTHONOTARY AT THE CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PENNSYLVANIA. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE. PA 170 13 (7 17) 249-3 I 66 GOLDBERG, KAlZMAN l!. SHIPMAN, P.C. PAUL.I. EsPOSITO - I.D. #Z54S4 ATTORNnS I""OR PLAINTIFF 3Z0 MARKET ST.. P.O. Box I Z6e HARRISBURG, PA I 7 I oe- I Z6e 17171 Z34-416 I JOHN J. WELLS, JR., PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. DEFENDANT CIVIL ACTION - LAW NO. 0/.3..d';L &;J r~ IN DIVORCE LINDA L. WELLS, NOTICE IF YOU WISH TO DENY ANY OF THE STATEMEI'lTS SET FORTH IN THIS AFFIDAVIT, YOU MUST FILE A COUNTER-AFFIDAVIT WITHIN lWENTY DAYS AFTER THIS AFFIDAVIT HAS BEEN SERVED ON YOU OR THE STATEMENTS WILL BE ADMITTED. AFFIDAVIT UNDER SECTION 330 I (DJ OF THE DIVORCE CODE I . THE PARTIES TO THIS ACTION SEPARATED ON OR ABOUT JUNE 20, I 996, AND HAVE CONTINUED TO LIVE SEPARATE AND APART FOR A PERIOD OF AT LEAST lWO YEARS. 2. THE MARRIAGE IS IRRETRIEVABLY BROKEN. 3. I UNDERSTAND THAT I MAY LOSE RIGHTS CONCERNING ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES IF I DO NOT CLAIM THEM BEFORE A DIVORCE IS GRANTED. I VERIFY THAT THE STATEMENTS MADE IN THIS AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUB.JECT TO THE PENALTIES OF 16 PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: bhlol ~~~~ GOLDBERG. KA12MAN 15. SHIPMAN. P.C. PAUL.... ESPOSITO - 1.0. #25454 ATTORNEYS FOR PLAINTIFF 320E MARKET STREET STRAWBERRY SQUARE P.O. Box I 268 HARRISBURG. PA I 7 108-1268 17 I 7> 234-416 I ..JOHN ..J. WELLS, ..JR.. PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNlY. PENNSYLVANIA V. DEFENDANT CIVIL ACTION - LAW NO. 01- 32 fool. f!..w...t I~ IN DIVORCE LINDA L. WELLS, COMPLAINT IN DIVORCE I. ..JOHN ..J. WELLS, ..JR" IS AN ADULT INDIVIDUAL, WHO CURRENTLY RESIDES AT 98-09 65'" ROAD. APARTMENT I -0, REGO PARK, NEW YORK. 2. DEFENDANT, LINDA L. WELLS, IS AN ADULT INDIVIDUAL WHO CURRENTLY RESIDES AT 1004 NORTHFIELD DRIVE, CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA. 3. PLAINTIFF AVERS THAT DEFENDANT HAS BEEN A BONA FIDE RESIDENT IN THE COMMONWEAl...TH OF PENNSYLVANIA FOR A PERIOD OF AT LEAST SIX (6) MONTHS PREVIOUS TO THE FILING OF THIS COMPLAINT. 4. THE PARTIES WERE MARRIED ON MARCH I, 1978, IN CUYAHOGA COUNTY, OHIO. 5. THERE HAVE BEEN NO PRIOR ACTIONS OF" DIVORCE OR ANNULMENT F"ILED BY EITHER OF" THE PARTIES HERETO, WITH THE EXCEPTION OF" AN ACTION IN DIVORCE F"ILED ON SEPTEMBER 25, 1996, TO No. 96-5319 IN THE COURT OF" COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA. SAID ACTION WAS DISMISSED PURSUANT TO PA.R..J.S. NO. r 90 I CC) BY ORDER OF" THE HONORABLE.J. WESLEY OLER, .JR.. ON NOVEMBER B, 2000. 6. PLAlNTlF"F" HAS BEEN ADVISED OF" THE AVAILABILITY OF" COUNSELING AND THAT PLAINTIF"F" HAS THE RIGHT TO REQUEST THAT THE COURT REQUIRE THE PARTIES TO PARTICIPATE IN COUNSELING. 7. THE DEF"ENDANT IN THIS ACTION IS NOT PRESENTLY A MEMBER OF" THE UNITED STATES ARMED FORCES OR OF" ANY OF" ITS ALLIES B. PLAINTIF"F" REQUESTS THE COURT TO ENTER A DECREE OF" DIVORCE. COUNT I 9. THE AVERMENTS OF" PARAGRAPHS THROUGH B HEREIN ARE HEREBY INCORPORATED BY REF"ERENCE THERETO. 10. THE MARRIAGE IS IRRETRIEVABLY BROKEN. COUNT II I I. THE AVERMENTS OF PARAORAPHS I THROUOH I 0 HEREIN ARE HEREBY INCORPORATED BY REF"ERENCE THERETO. 12. THE PARTIES HAVE L.IVED SEPARATE AND APART FOR A PERIOD IN EXCESS OF "TWO YEARS. COUNT III I 3. THE AVERMENTS OF PARAGRAPHS I THROUGH I 2 HEREIN ARE HEREBY INCORPORATED BY REFERENCE THERETO. 14. PLAINTIFF AND DEFENDANT HAVE ACQUIRED PROPERTY, DURING THEIR MARRIAGE UNTIL THE DATE OF THEIR SEPARATION, WHICH PROPERTY IS MARITAL.. 15. PLAINTIFF REQUESTS THIS COURT TO PRESERVE HER RIGHT TO HAVE AL.L. MARITAL. PROPERTY OF THE PARTIES EQUITABL.Y DISTRIBUTED. WHEREFORE, PLAINTIFF PRAYS YOUR HONORABL.E COURT TO: (AI ENTER A DECREE IN DIVORCE, DIVORCING THE PLAINTIFF FROM THE BONDS OF MATRIMONY HERETOFORE EXISTING BETWEEN PLAINTIFF AND DEFENDANT; (8) ORDER EQUITABL.E DISTRIBUTION OF MARITAL PROPERTY; AND ee> ORDER SUCH OTHER RELIEF AS THE COURT DEEMS ..JUST AND REASONABLE. RESPECTFUL.L.Y SUBMITTED. GOLDBERG, KAlZMAN & SHIPMAN, P.C. By PAUL . E SITO, ESQUIRE 320 MARKET STREET POST OFFICE Box I 266 HARRISBURG. PA I 70 16-1 266 SUPREME COURT 10 #25454 ATTORNEYS FOR PLAINTIFF VERIFICATION I VERIFY THAT THE STATEMENTS CONTAINED IN THE FOREGOING COMPLAINT IN DIVORCE ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. INFORMATION AND BELIEF. I UNDERSTAND THAT FALSE STATEMENTS CONTAINED HEREIN ARE MADE SUB.JECT TO THE PENALTIES OF Ie PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: Sf! "J /AOtJ! ~!.!~b- n V"- ~ 11- ........ ...... - ", i -() -"'I;) ....) () - ~ \.... ..- ~ ,., D Crt -... . - . (3 B Q If) !'. :. ~ . . ~ d :" I t...:.... 0 0 ' , ...... - . ...... ~ I '- t-> I ~ .- : B C> ~ .. ~ .-. -- t.., .'. t ~ ,....... "" ~ .. Hloa.I57AEY.!H7 COMYDfMIEAL TH OF PEMeYLYANIA DEPAAlUENTOF tEALTH VlTALRECOfIIDS . STATE FLE NUMBER RECORD OF DIVORCE OR ANNULMENT COlMY Cumberland STATE FILE DATE [j (CHECK ONE) o 1. NAME 55 272-64-6314 (FftfJ John SlnMtOl'RD. HUSBAND IL_ Wells - Jr. 3. RESIDENCE 98-09 65th Rd. 5. NlUIER OF THIS -.RRIAOE 55 8. MAI)EN NAME 10. RESI)ENCE - Jacob 1>ll'......"'7\oJ>. """"'" R 0 Park 2. DATE 1_ (Do1I OF """" October 6 1958 . PLACE _"'_CluIoy) OF 11374 BIR1H Ohio 7. USUAL OCCUPATION (Y.., 1 296-66-5790 (RmJ Linda S""'QI'R.D. Production Mana er WIFE -I ""'""'" (Lost) Curtis 51... 9. DATE ~ (Day) OF IlIRTH June 6 1960 11. PLACE (S."QI'AniJn~ OF Cumberland Co., PA BIRTH Ohio 14. USUAl. OCCUPATION (Yom) Dr., Lee Q"fy. Sara. tJl'TlIp. Carlisle, 3. RACE WHITE 1004 Rorthfield 12. NUMilER OF THIS "''''''''''E 15. PLACE OF THIS .........E 17A. M.UBEROF CHLDREN THIS MARRIAGE 20. NUMBER OF CHILDREN TO CUSTODY OF 22. DATEOFDECREE 24. SIGNATUREOf' TRANSCRlBINB a.EFIK OTHER ("-'11 o 1 Resources 18. DATE OF (Month} THIS ......R....E March 9. DECREE GRANTED TO HUSB..., lil (0<'1 1, 1978 (Yom) Ohio 18. PLAINTIFF HUS...., WIFE o OTHER 1Speatr) o WIFE o o 1- WIFE o (Ooy) I'''' SPUT aJSTODY OTHER (St:lealy) 21. LEOAl. OFKXNJS FOR DIVCIICE oe ANNULlIEfiT o RIA Irretr1evan~e 23. DATE REPORT SENT ~ TO vrrAL RECORDS o (y..,) breakdown 100y1 ..JOHN ..J. WELLS, ..JR., PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW DEFENDANT NO. 01- ')2l?.;I l.';' I IN DIVORCE LINDA L. WELLS. WAIVER OF COUNSELING ..JOHN ..J. WELLS, ..JR.. BEING DUL.Y SWORN ACCORDING TO LAW. DEPOSES AND SAYS: I . I HAVE BEEN ADVISED OF THE AVAILABIL.ITY OF MARRIAGE COUNSEL.ING AND UNDERSTAND THAT I MAY REQUEST THAT THE COURT REQUIRE MY SPOUSE AND I TO PARTICIPATE IN COUNSELING. 2. I UNDERSTAND THAT THE COURT MAINTAINS A LIST OF MARRIAGE COUNSEL-ORS IN THE OFFICE OF THE PROTHONOTARY, WHICH L.IST IS AVAlLABL.E TO ME UPON REQUEST. 3. BEING SO ADVISED. I DO NOT REQUEST THAT THE COURT REQUIRE THAT MY SPOUSE AND I PARTICIPA.TE IN COUNSELING PRIOR TO A DIVORC~ DECREE BEING HANDED DOWN BY THE COURT. I VERIFY THAT THE STATEMENTS MADE IN THIS WAIVER ARE mUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUB.JECT TO THE PENAL.TIES OF Ie PA.C.S. SECTION 4904 RELATING TO UNSWORN FAL.SIFICATION TO AUTHORITIES. DATE: f /~ 7 /~t'lL/ I f \ ..J. WE(LS, ..JR. " ~ _Lu~(C.J.J e 0 0 ." ;:: <- .., ~g] c:: -r:- -I"; :z: ..;j::: I 11!fl ~~ .- ."0 ..... I 1~:-lC} c: .." fS~ ~ ::II: 5>~ If.? OrTl ~ ~ G!Jldb~g. Katzman at ,shipman. P.C. Paul J. EIpoIito. Esquire -1.0. 112S4,4 320 Mar~l SII'cd. Pulil Olli~ Box 126X HalTLllburg, PA 171OH-126H ..\l1tJnI!:Ys IUr PlaldllU. JOHN 1. WELLS, JR., Plaintiff v. LINDA L. WELLS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA NO. 01-3282 Civil Term CIVIL ACTION - LAW IN DIVORCE AFFIDA VIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN ) ) ) SS: Personally appeared before me, a Notary Public, in and for said Commonwealth and County, PAUL J. ESPOSITO, ESQUIRE, who being duly sworn according to law deposes and says that on June I, 200 I, he sent a cenified copy of a Complaint in Divorce by cenified mail, return receipt requested, restricted delivery, to Linda L. Wells, 1004 Nonhfield Drive, Carlisle, PA 17013, and the return receipt card signed by Linda L. Wells, and shown as being delivered June 11,2001, is attached hereto and made a pan hereof Sworn to and subscribed before me this 18th Notary Pub I My Commission E ires: Notarial Seal Victoria Y. ChIImbers, NOIBry Public Harrisburg, OBuPhln County My Commission Expll1ls Apr. 7, 2003 - . Camplllle Items 1. 2, ond 3. AIIo compIeIe . "-" 4 W Reeb1cled Delivery Ie deeiled. . Prtnt your name end eddlll88 on the Ill\IllnIll 10 thai we con IlIb.m the cerd to you. . Allach II1le cerd to the beck of the mellplece, or on the front W epece permits. 1.~IO: ns.,l.J~ L. \;JO.\S I \~ ~r~oel~ ~r. ~\c. ~ 11013 ___1710Yeo doIlvery_ _: 0 No 3. _co Type .~ CIrlIIIed Moll 0 ElcpI8lI8 Moll o Rog_ 0 ReIurn_ptIorMol__ o Inlllnd Mall 0 C.O.D. 4. _llIIlvery'/ /&InI Fee) 2. --fC"P1--1obII) l. ~~-U::O;;).~ c;Jt)qt)- /"}J PS Form 3811, July 11l8l1 ~ -. RocoIpI 10251500 flI_ - . ~- e :;::: ""t'1('!'".! 1"'1..' -, I ~~,?:. r-~0 "1";0 -"=c) :;S-.c.:. z ~ ( ~ - - P3ul J. Esposilo. Esquire I.D.II;ZS4S4 GOLDBERG. KATZMAN &: SHlPMAN. P C. J20~13rkcISlrect P. O. Boll. 12M Harrisburg. PA 17108-12b8 (117) 2J4-11b1; (717) 234-4161 (flC'similci Crm'IJ~1 for PI.intiff JOHN J. WELLS, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW Defendant NO. 01-3282 Civil Term IN DIVORCE LINDA L. WELLS. RULE TO SHOW CAUSE -, AND NOW, this ~day of ~, 2003, upon consideration of Plaintiffs Petition for Bifurcation, a Rule is hereby entered upon the Respondent, to show cause why the relief requested should not be granted. - RULE RETURNABLE ~ DAYS FROM SERVICE HEREOF. ~/ BY THE COURT: /.' . , 0~/J. , I Date: / C. RK3 09 -1.5-03 '..'.':>:!0.!:'~~{; .' .. ,.... , ' :;, 7\ ~ \ ., ~ " ,..... ':"IA '.'::'.!",0.'J ...,.1....' \ \S;l.,) ,.:j )') Paul J. Esposito. Esquire 1.0."25454 GOLDBERG. K..a.TZMAN & SHIPMAN. P.e. 120 Mal'kcl SIrtCl P. O. Bo~ 12b8 Harrisburg. PA 1'7108-12(:18 {7171 234-4161; (717) 234-4lbl iracsimilc. Counsel (or Plai"tiff JOHN J. WELLS, JR., Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW LINDA L. WELLS, Defendant NO. 01-3282 Civil Tenn IN DIVORCE PETITION FOR BIFURCATION Petitioner, John J. Wells, Jr., by and through his counsel, Goldberg, Katzman & Shipman, P.c., and Paul J. Esposito, Esquire, respectfully requests that this Honorable Court grant his Petition for Bifurcation, and in support thereof avers as follows: \. 2. 3. Ohio. 4. 5. Petitioner is John J. Wells, Jr., Plaintiff in the above-captioned divorce action. Respondent is Linda L. Wells, Defendant in the above-captioned divorce action. Petitioner and Respondent were married on March 1, 1978, at Cuyahoga County, The parties have one child, Timothy Lee Wells, born January I, 1978. On May 30,2001, Petitioner commenced a divorce action by filing a Complaint in Divorce to the above docket number seeking a dissolution of the parties' marriage and the equitable distribution of their marital property. Petitioner also filed an Affidavit Under Section 3301(d) ofthe Divorce Code alleging, inter alia, that the parties separated on or about June 20, 1996, have continued to live separate and apart for at least two (2) years and the marriage is irretrievably broken. 6. Respondent has not filed a Counter Affidavit challenging Petitioner's allegations regarding the date of separation or the irretrievable breakdown of the parties' marriage. 7. On September 24, 1996, Respondent filed a Complaint against Petitioner seeking spousal support. 8. Pursuant to Respondent's filing, an Order for spousal support was issued by the Court of Common Pleas of Cumberland County on December 13, 1996, which Order was modified by subsequent Order dated July 12,2001. The latter Order remains in full force and effect. 9. The spousal support Order of July 12, 2001, provides, illler alia, that Petitioner pay to Respondent the sum of$388 per month, plus $100 per month on arrears. 10. The parties file separate tax returns. 11. The parties have their own separate health insurance coverage. 12. The parties have maintained an economic status quo during their separation that Petitioner has no intention of disturbing. 13. Bifurcation would not disturb that economic status quo. 14. Petitioner believes and avers that the advantages ofbifurcation of this divorce action are substantially greater than any disadvantages for the following reasons: a. A speedy resolution of the divorce issue would allow the parties to restructure their personal lives; b. Bifurcation will accelerate the dissolution of the parties' marriage, which has been acknowledged by both parties to be irretrievably broken; c. Bifurcation will further the policy underlying Pennsylvania's Divorce Code in making the legal dissolution of marriage effective for dealing with the reality of matrimonial experience; : :ODMAIPCDOCSIDOCSI997041/ 2 d. Bifurcation of this divorce action will separate the dissolution of the marriage from the distribution of property so that the marriage and each party's personal lives are not held hostage to economic demands; e. Bifurcation of this divorce action will in no way prejudice, diminish or impair Respondent's economic claims under the Divorce Code. WHEREFORE, Petitioner respectfully requests that this Court grant his Petition for Bifurcation, reserving jurisdiction on the economic claims raised by the parties. Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. /) . i// rt/' ,jitu.i!/ t/tl-r/.:: Paul J. E~sit(l' Attorney I.D.' #25454 Goldberg, Katzman & Shipman 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 (717) 234-6808 (facsimile) Date:./x.p bir~.II .3, d? 003 Attorney for Petitioner .. ,ODM.4 IPCDOCSlDOCSI997041/ 3 VERIFICATION I verify that the statements contained in the foregoing PETITION FOR BlFURCA TION are true and correct to the best of my knowledge, infonnation and belief. I understand that false statements contained herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: iJ~::j , ~ q . 2003 . . (,)f ( (J S,JR. .... CERTIFICATE OF SERVICE On this .!;Jrol.. day of September 2003, I certify that the original and one copy of the foregoing was served upon the following counsel of record for Plaintiff by placing the same in the United States mail, first class, postage prepaid, addressed as follows: Ms. Linda L. Wells 1004 Northfield Drive Carlisle, PA 17013 GOLDBERG, KATZMAN & SHIPMAN, P.C. )~ ~. lid) . ~tQ PauIJ.~po. 0 Supreme Ct1urt ill #25454 Attorneysfor Defendant Paul J. Esposito, Esquire 1.D.#25454 GOLDBERG KATZMAN, P.c. 320 Market Street P.O Box 1268 Harrisburg, PA 17108-1268 (717)234-4161;(717)234-4161 (facsimile) Counsel (or Plaintiff JOHN J. WELLS, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW LINDA 1. WELLS, Defendant NO. 01-3282 Civil Term IN DIVORCE PRE-TRIAL STATEMENT AND NOW COMES Plaintiff, JOHN J. WELLS, JR., by his attorneys, Goldberg Katzman, P.C., and Paul J. Esposito, Esquire, and files the following Pre-Trial Statement pursuant to Pennsylvania Rule of Civil Procedure 1 920.33(a) and (b): 1. LIST OF MARITAL AND NON-MARITAL ASSETS. - See attached compilation of Marital Property of Plaintiff. 2. EXPERT WITNESSES. - None anticipated. 3. OTHER WITNESSES. - Plaintiff anticipates no witnesses other than himself. 4. EXHIBITS - To be determined. 5. INCOME STATEMENT. - Neither party has raised a claim for alimony, alimony pendente lite or counsel fees, costs and expenses, and therefore no Income and Expense Statement has been prepared or filed. 6. EXPENSE STATEMENT. - Neither party has raised a claim for alimony, alimony pendente lite or counsel fees, costs and expenses, and therefore no Income and Expense Statement has been prepared or filed. 7. PENSIONS. - Plaintiff has military retirement benefits, which are in pay status. His retirement has both marital and non-marital components. Plaintiff's retirement includes a survivor benefit. To the best of Plaintiff's knowledge, Defendant has a retirement benefit and 40lk plan through her employment. 8. COUNSEL FEES. - No claim has been made by either party. 9. DISPUTED PERSONAL PROPERTY. - None anticipated, however Plaintiff does wish to retrieve certain items of personal property from the former marital residence. This will require a "walk-through" inasmuch as Plaintiff has not been in the home since 1996. I O. MARITAL DEBTS. - There is a mortgage against the former marital residence with a balance of$70,194.75 as ofJanuary, 2005. II. RESOLUTION OF THE ECONOMIC ISSUES. -- (a) The former marital residence shall be sold. Plaintiff shall be entitled to a portion of the net proceeds and the fair rental value of the home since separation in 1996. (b) Defendant shall retain the bulk of the household contents/personal property, savings bonds, her pension and 40lK plan and Plaintiff will make no claim for the funds she retained timm the parties' PNC checking account. (c) Plaintiff shall retain his military retirement and recover certain items of personal property from the marital residen'~e, after inspection. (d) Defendant shall relinquish her claim to the survivor benefit component of Plaintiff's retirement. .. ..ODMA IPCDOCSlDOCSII 0 1721 I I 2 (e) The parties shall waive and relinquish any claims either may have to alimony, alimony pendente lite, counsel fees, costs and expenses. (f) The spousal support order presently in effect shall be terminated as ofthe date of the issuance of a final Decree in Divorce. (g) The parties shall be divorced pursuant to 9330 I ( c) or, in the alternative, 3301(d) of the Divorce Code, as amended. Respectfully submitted, GOLDBERG KATZMAN, P.C. ild ..~~ JI Paul 1. po. 0 Attorney 1. . #25454 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 (717) 234-6808 (facsimile) Date: .;<) q 105 Attorney for Plaintiff ,.DDMA IPCDOCSIDOCSII 01721 II 3 " ... '" " " -0 .~ "Q,..l ~ ;.- ~ ... =- ~ =- ::2 ,... ; < ~ o Q ,:;J.'C c" ~~ c ~ .~ .~ ,..l ';>'" " " \::: " ",'; ~ '" 0, N N = " ~ ... " " ... S '" z ~ ~ 1:: ~ -< :> ... " ~ '" '" " ::l .~ ",..l ~ '" t"- .,; 0, - 6 t"- V> "-0 .E " "'~ :> II =:a e~ ... '" ::l<. U B'"' 1;; g~ 0,0 ","0 0,0 V>N o ;;;; ... " " ~ '" ~ E = .,; o .~ " .- .E~ ~< ';;; " U = .s ~ .;;: .; a .... <. ... " ~ " ~ ~ '" ... ... " " '" '" e~ " z ~ '" <= " <= '" <= -;;;- ~ ~ ~ " ~ o o o M 00 V> "" .s ~ M ..a. (j) 0, ~ ~ <3 ~.~ r2 cO ~ :: 9 e ... .S ~ ~ ~ ;I: t " '" " ... ~ ... o " .s ~ .S" ... " '" " ~ 2: ~ 'ia U " .:= is "" -;; '" '€ o z "'" g-< -"" ~~ '" <= '" '" <=<= '" '" <=<= '" '" <=<= <= ~ '" <= '" '" '1:c " .~B !!, ,,_ 'ia a 5 c: .- s g..g \a ~ v ~ e 0'" \j! .. ..c:..g !;t ~ OJ:) <Il ~ .- ~ "d ~ "" ~ .;a cd: ...... ,... ;I: ....; ;I:~ " " S lO ~ i ~ " ~ ... " ;> o U "z- ~ c ~ " _ S '" " g.;3 ~~ ~ li "i ~6 ~ ~. ~<= '" '" <=<= '" '" <=<= '" t: ~ 0'<> ",0, ",- ~o eel:" t"-"" - c[ --:--qg c: ~ ~.g o..~ e ","'" !! '" '- " ~o" o '" - g; "'", - V> '" <= ~ '" .c 'ia ~ .s ':i o '" '" <=<= ~ t: '" t: '" t: '" t: .~ .~ \a \a ~ ~ .S .5 ~ ~ 00 ~~ ;I: j ~ -" - <:> "'" ,,; '" t: ~ .~ ~ .s :3 ~ d6 ~ '" " " '" ~ " eo '" " ~ " u "'" ]B' ~ ~ ::l 8 o ... ;I:,," t"- M 00 M '" - <:> '" ... "'" - c '" " "" (0 .os >fl. ::l ~ 8 .- Q 1; -< Vl u . z'" "";::) .~I ...: 00 CERTIFICATE OF SERVICE Or-!. On this ~ day of February, 2005, I certify that the original and one copy of the foregoing was served upon the following counsel of record for Plaintiff by placing the same in the United States mail, first class, postage prepaid, addressed as follows: Ms. Linda L. Wells 1004 Northfield Drive Carlisle, P A 17013 GOLDBERG KATZMAN, P.C. .Mtfl --j JOHN J. WELLS, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW LINDA L. WELLS, NO. 2001 - 3282 CIVIL Defendant IN DIVORCE PETITION FOR ALIMONY PENDENTE LITE. ATTORNEY'S FEES AND AWARD OF ALIMONY SUBSEQUENT TO THE DIVORCE ACTION 1. Petitioner is Linda L. Wells, the Defendant in the above-captioned divorce action. 2. Respondent is John J. Wells, Jr., the Plaintiff in the above-captioned divorce action. 3. Respondent filed the divorce action on or about May 30, 2001. 4. This divorce matter has been referred to the Cumberland County Divorce Master for disposition. 5. Petitioner requests that her claims for alimony pendente lite, permanent alimony and attorney's fees be considered by the court in conjunction with the granting of the divorce 'II action. II II I I WHEREFORE, Petitioner respectfully requests that claims in reference to alimony, alimony pendente lite and attorney's fees be considered in conjunction with the granting of divorce in this action. Respectfully submitted, O'BRIEN, BARIC & SCHERER , By: ~(2.,~ Robert L. O'Brien, Esquire Attorney for Petitioner 1.0. # 28351 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 iI I: JOHN J. WELLS, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. LINDA L. WELLS, NO. 2001 - 3282 CIVIL Defendant IN DIVORCE VERIFICATION I i I I verify that the statements made in the foregoing Petition For Alimony Pendente Lite, II Attorney's Fees and Award of Alimony Subsequent To The Divorce Action are true and I correct. I understand that false statements herein are made subject to the penalties of 18 Pa. II C.S. Section 4904, relating to unsworn falsification to authorities. I I I I II " I' II I' .1 " II I' ;! I' I I , \' March 3-, 2005 ~{JA~ ,I . I JOHN J. WELLS, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. LINDA L. WELLS, NO. 2001 - 3282 CIVIL Defendant IN DIVORCE CERTIFICATE OF SERVICE ~ I hereby certify that on March I '-( , 2005, I, Robert L. O'Brien, Esquire of O'Brien, Baric & Scherer, did serve a copy of the Petition For Alimony Pendente Lite, Attorney's Fees I And Award Of Alimony Subsequent To The Divorce Action, by first class U.S. mail, postage I I II II II I i II I prepaid, to the party listed below, as follows: Paul J. Esposito, Esquire 320 Market Street Strawberry Square P.O. Box 1268 Harrisburg, Pennsylvania 17108 - 1268 j:?o6~ Robert L. O'Brien, Esquire Ii') ;;-' ", (~~ --.- -:2 V C. ~ cD \[) \"-- 8 :::; Q~ -- ..~~ g ~ .. .;: Yg ~ - -6~~ Ci JOHN J. WELLS, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW LINDA L. WELLS, NO. 2001 - 3282 CIVIL Defendant IN DIVORCE MOTION TO WITHDRAW AS COUNSEL 1. Movant is Robert L. O'Brien, Esquire, counsel of record for the Defendant, Linda L. Wells. 2. The client is refusing to communicate with Movant. 3. The client's refusal to communicate precludes Movant from continuing his representation. WHEREFORE, Movant respectfully requests that he be permitted to withdraw as counsel. Respectfully submitted, O'BRIEN, BARIC & SCHERER r-2~ Robert L. O'Brien, Esquire Attorney for Defendant I.D. # 28351 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 rlo.dir/dom/wells/withdraw.mot CERTIFICATE OF SERVICE I hereby certify that on October S- , 2005, I, Robert L. O'Brien, Esquire of O'Brien, Baric & Scherer, did serve a copy of the Motion To Withdraw As Counsel, by first class u.s. mail, postage prepaid, to the parties listed below, as follows: Goldberg Katzman Paul J. Esposito, Esquire 320 Market Street PO Box 1268 Harrisburg, PA 17108-1268 Linda L. Wells 1004 Northfield Drive Carlisle, PA 17013 \ r~~ Robert L. O'Brien, Esquire (") c .-' ~ ~;;:;:::> cf' o ('7, ~ \ 0' o ....' ::(.-<' r\~('f.: -,1.~ ~~., ,-_.J ;2:), ~1~} --~2-i~ ';':"-Sfn '::~-\ -~0 :'4 ~-:' ' ::;-3'. :- .- -- ~.) cP ----- - RECEIVED OCT 06 Z005 ?- rr JOHN J. WELLS, JR., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW LINDA L. WELLS, NO. 2001 - 3282 CIVIL Defendant IN DIVORCE RULE TO SHOW CAUSE AND NOW, this \ '1 day of --Or :frJ. 0 .,..2005, upon consideration of the Motion To Withdraw As Counsel, a rule is issued upon Plaintiff and Defendant to show cause, if any there be, why the relief requested in the Motion should not be granted. Rule returnable ( days from service. BY THE COURT, . . ,-. ,-. c." ',- r.:..-:: u_ C) o J.::::> C:'::,-' c:;:. c""-' - . ,- RECEIVED OCT 06 Z005 ?- ~ '7 It JOHN J. WELLS, JR., Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW LINDA L. WELLS, NO. 2001 - 3282 CIVIL Defendant IN DIVORCE RULE TO SHOW CAUSE AND NOW, this \ '1 day of --Oc ~~2005, upon consideration of the Motion To Withdraw As Counsel, a rule is issued upon Plaintiff and Defendant to show cause, if any there be, why the relief requested in the Motion should not be granted. Rule returnable ( days from service. BY THE COURT, )-;/>/ ".i~ .J;r' j' 1J#' . . '.~';.,/ ''<6k~// .. J. ( ) !""-- ------.. . 6 ~\,\l Paul J. Esposito, Esquire J.D. #25454 GOLDBERG, KATZMAN & SHIPMAN, P.c. 320 Market Street P.O Box 1268 Harrisburg, PA ]7108-]268 (717) 234.4161; (7J7)234--4J61 (facsimile) Counsel tilT I'laimitr JOHN J. WELLS, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW LINDA L. WELLS, Defendant NO. 01-3282 Civil Term IN DIVORCE PETITION FOR SPECIAL RELIEF AS TO THE SALE OF MARITAL RESIDENCE TO PREVENT FORECLOSURE Petitioner, John J. Wells, Jr., by and through his counsel, Goldberg Katzman, P.C., and Paul J. Esposito, Esquire, respectfully requests that this Honorable Court grant his Petition for Special Relief as to the Sale of Marital Residence to Prevent Foreclosure, and in support thereof avers as follows: 1. Petitioner is John J. Wells, Jr., Plaintiff in the above-captioned divorce action. 2. Respondent is Linda L. Wells, Defendant in the above-captioned divorce action. 3. The parties were married on March 1, 1978; and separated in 1996. 4. On November 30, 1992, the parties acquired a residence at 1004 Northfield Drive, Carlisle, Cumberland County, Pennsylvania. 5. Since separation, Respondent has occupied and had exclusive possession of the former marital residence. '.DDMA IPCDOCSIDOCSI1 2801 411 2 # 6. A series of Support Orders have been entered between the parties wherein Petitioner has made contributions to the mortgage on the residence as a component of most of those Orders. 7. Respondent, despite being employed full time and earning in excess of$30,000 per year, and the support Petitioner has provided, has failed to make the mortgage payments in a full and timely manner. 8. As a result, the mortgage is in default. 9. On August 11,2005, a Complaint in Foreclosure was filed in the Court of Common Pleas of Cumberland County, Pennsylvania against the parties. Said Complaint was reinstated on September 9, 2005. 10. According to the aforementioned Complaint, the mortgage is in default because monthly payments of principal and interest due March I, 2005 and each month thereafter, are due and unpaid. II. The Divorce Master has been appointed in this case, however, Petitioner does not believe that a final order of equitable distribution will be entered so as to avoid foreclosure and Sheriff Sale of the residence. 12. The residence is a significant marital asset of the parties and, in order to protect the marital estate, the residence must be sold before foreclosure occurs. 13. The marital residence should be listed for sale immediately with the parties being directed to extend their full and immediate cooperation to accomplish the sale as promptly as possible. . .DDMA IPCDOCSlDOCSII 280 I 411 3 14. The net proceeds of the sale should be placed in escrow pending the final equitable distribution ofthe parties' marital assets. 15. There are various items of personal property located in the marital residence which Plaintiff wishes to recover without prejudice to the claims of either party in the final equitable distribution of their marital assets. 16. This Court is authorized to grant the relief sought herein by virtue of23 P.S. ~~3323(f) and 3502(f) of the Divorce Code, as amended. 17. Section 3502(f), which was made effective January 28, 2005, specifically authorizes the Court to enter an order providing for an interim partial distribution of marital property at any stage of the proceedings. WHEREFORE, Petitioner respectfully requests that this Honorable Court enter an order granting the relief sought herein, specifically directing that the marital residence of the parties be immediately listed for sale in order to avoid the imminent foreclosure and loss of this significant marital asset. Respectfully submitted, GOLDBERG KATZMAN, P.c. /? / / t:.'4LftlfllUc# Paul J. po~o Attorney J.D. #25454 Goldberg, Katzman & Shipman 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 (717) 234-6808 (facsimile) Date: 7!4-tr>. /5. a 00 :;- I Attorney for Petitioner ODMAIPCDOCSIDOCSI/280/41/ 4 , VERIFICATION I verify that the statements contained in the foregoing PETITION FOR SPECIAL RELIEF AS TO THE SALE OF MARITAL RESIDENCE TO PREVENT FORECLOSURE are true and correct to the best of my knowledge, information and belief. I understand that false statements contained herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: II /00,2005 ~df<'kG-j( ,10 J. S, JR. .. CERTIFICATE OF SERVICE 114 On this ~ day of November, 2005, I certify that a copy of the foregoing was served upon the following party of record by delivering same in the manner indicated, addressed as follows: VIA FIRST CLASS MAIL Ms. Linda L. Wells 1004 Northfield Drive Carlisle, P A 17013 Defendant Robert L. O'Brien, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, P A 17013 Counsel for Defendant t=-:: ----) ~n wj ~L I'll C,,-' .';:' .', Pallll, Esposito, Esquire 1.0.#25454 GOLDBERG KATZMAN, P.c. 320 Market Street P. O. Box 1.268 Harrisburg, PAl 71 08-1268 (717)234_4161,(717)234_4161 (facsimile) Coun.\'Id lor Plaintiff JOHN J. WELLS, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LA W Defendant NO. 01-3282 Civil Term IN DIVORCE LINDA L. WELLS, PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE AND NOW, comes the Plaintiff, John J. Wells, Jr., by his attorneys, Paul J. Esposito, Esquire, and Goldberg Katzman, P.C., and states the following: 1. By Order of the Honorable, Edgar B. Bayley, of September 11, 2003, a Rule was issued directing Defendant to show cause why Plaintiffs Petition for Bifurcation should not be granted. A copy of said Petition for Bifurcation is attached hereto, made a part hereof and marked Exhibit "A." 2. Said Rule was returnable fifteen (15) days from the date of service. A copy of said Rule is attached hereto, made a part hereof and marked Exhibit "B." 3. The Rule was served on Defendant, who was not represented by counsel at that time, via personal service on November 3,2003. 4. Defendant did not file an answer to the Rule but did respond in the form of a letter to Plaintiffs counsel dated November 11,2003. A copy of said letter is attached hereto, made a part hereof and marked Exhibit "C." 5. On February 11,2005, E. Robert Elicker, Esquire, was appointed Master with respect to the claims raised by the parties, namely, equitable distribution of marital property, alimony pendent lite, attorney's fees and alimony. 6. On August 31, 2005, a Pre-hearing Conference was held. In attendance were the Divorce Master and counsel for the parties. 7. The issue of Defendant's delinquency with respect to the mortgage payments on the parties' former marital residence was discussed at the Pre-hearing Conference. As a result of those discussions, the Divorce Master issued a directive to Defendant's counsel to respond, within one (I) week, with an indication of Defendant's intentions regarding the house and mortgage. 8. On October 4,2005, Defendant's attorney, Robert L. O'Brien, Esquire, informed the undersigned that his client had failed to respond to his communications and he intended to seek the withdrawal of his appearance in Defendant's behalf. 9. Attorney O'Brien has filed a Motion to Withdraw as Counsel which remains pending at this time. 10. The Divorce Master has scheduled another conference with counsel and the parties for December 20,2005. II. The final resolution of the economic issues in this matter is not likely to occur for several more months and, given Defendant's lack of responsiveness and the amount of time which has already passed since the filing ofthe Petition for Bifurcation, it is reasonable to request that the Rule issued on September 11,2003, be made absolute and that Plaintiff be permitted to immediately seek the dissolution ofthe parties' marriage. : .ODMAIPCDOCSIDOCS\12801 J\/ 2 WHEREFORE, Plaintiff requests that this Honorable Court enter an Order making the Rule issued on September 11,2003, absolute. GOJBER?).ATZ~~N. P.C. / it t<c/'>Ju1' Paul J. sp to Attorney 1. . #25454 320 Market Street P.O. Box 1268 Harrisburg, P A 17108-1268 (717) 234-4161 Date: -lJ-1~I1{l<N I ~ ,"to rJ S Attorney for Plaintiff .. .'ODMA IPCDOCSIDOCSI/280121/ 3 '\I'\>ccw@ C fl~,blt it v Paul J.. Esposito. Esquire LD. #25454 GOLDBERG, KATZMAN & SHIPMAN. P.C. 320 MarketSlreel P_ O. Box 1268 Harrisburg, PA 17108-1268 (717) 214-4t61; (711) 234-416\ (facsimile) Counsel (or Pfai,,'iff JOHN J. WELLS, JR., Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA CIVIL ACTION - LAW LINDA 1. WELLS, Defendant NO. 01-3282 Civil Term IN DIVORCE PETITION FOR BIFURCATION Petitioner, Jolm J. Wells, Jr., by and through his counsel, Goldberg, Katzman & Shipman, P.C., and Paul J. Esposito, Esquire, respectfully requests that this Honorable Court grant his Petition for Bifurcation, and in support thereof avers as follows: 1. 2. 3. Ohio. 4. 5. Petitioner is Jolm J. Wells, Jr., Plaintiff in the above-captioned divorce action. Respondent is Linda 1. Wells, Defendant in the above-captioned divorce action. Petitioner and Respondent were married on March 1, 1978, at Cuyahoga County, The parties have one child, Timothy Lee Wells, born January 1, 1978. On May 30,2001, Petitioner commenced a divorce action by tiling a Complaint in Divorce to the above docket number seeking a dissolution of the parties' marriage and the equitable distribution of their marital property. Petitioner also tiled an Affidavit Under Section 3301(d) of the Divorce Code alleging, inter alia, that the parties separated on or about June 20, 1996, have continued to live separate and apart for at least two (2) years and the marriage is irretrievably broken. 6. Respondent has not filed a Counter Affidavit challenging Petitioner's allegations regarding the date of separation or the irretrievable breakdown of the parties' maniage. 7. On September 24, 1996, Respondent filed a Complaint against Petitioner seeking spousal support. 8. Pursuant to Respondent's filing, an Order for spousal support was issued by the Court of Common Pleas of Cumberland County on December 13, 1996, which Order was modified by subsequent Order dated July 12, 2001. The latter Order remains in full force and effect. 9. The spousal support Order ofJuly 12, 2001, provides, inter alia, that Petitioner pay to Respondent the sum of $388 per month, plus $100 per month on arrears. 10. The parties file separate tax returns. II. The parties have their own separate health insurance coverage. 12. The parties have maintained an economic status quo during their separation that Petitioner has no intention of disturbing. 13. Bifurcation would not disturb that economic status quo. 14. Petitioner believes and avers that the advantages of bifurcation of this divorce action are substantially greater than any disadvantages for the following reasons: a. A speedy resolution of the divorce issue would allow the parties to restructure their personal lives; b. Bifurcation will accelerate the dissolution ofthe parties' maniage, which has been acknowledged by both parties to be irretrievably broken; c. Bifurcation will further the policy underlying Pennsylvania's Divorce Code in making the legal dissolution of marriage effective for dealing with the reality of matrimonial experience; ODMA \flCDOCS\DOCSW970411 " d. Bifurcation of this divorce action will separate the dissolution of the marriage from the distribution of property so that the marriage and each party's personal lives are not held hostage to economic demands; e. Bifurcation of this divorce action will in no way prejudice, diminish or impair Respondent's economic claims under the Divorce Code. WHEREFORE, Petitioner respectfully requests that this Court grant his Petition for Bifurcation, reserving jurisdiction on the economic claims raised by the parties. Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. /) // ,/ Iv ;;J!/: c:d' if tLib'lt/-t'f-r/i/I" Paul J. Esp6sitp'! Attorney LD.i#25454 Goldberg, Katzman & Shipman 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 (717) 234-6808 (facsimile) Date: ,Jr:..p Lt-1-X>>UL 3. ~ ()Q3 Attorney for Petitioner ,: OD~H A. \PCDQCS\DOCSI99 704\ J 3 VERIFICATION I verify that the statements contained in the foregoing PETITION FOR BIFURCATION are true and correct to the best of my knowledge, infonnation and belief. I understand that false statements contained herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: ,{l//,;) >1 .j ci q , 2003 ;" . / IY- !- [,jjJ- Lj J. WM S, JR. (J JO I \...._/ CERTIFICATE OF SERVICE On this .!:/a day of September 2003, I certify that the original and one copy of the foregoing was served upon the following counsel of record for Plaintiffby placing the same in the United States mail, first class, postage prepaid, addressed as follows: Ms. Linda L. Wells 1004 Northfield Drive Carlisle, P A 17013 GOLDBERG, KATZMAN & SHIPMAN, P.C. // ~" 7/';' l "at, / tM: , ~" PauIJ.Erspos.o ,..' // Supreme Court ill #25454 Attorneys for Defendant '<[cYClED f,><:h) h'+ 13 Paull. Esposito. Esquire I.D. #15<\.54 GOLDBERG. KATZMAN & SHfPMAN. P.C. 320 Mnrket Street P. O. Box 1268 Harrisblll"g, PA 17108.1268 (717) 234-4161; (1\7) 234-416\ (facsimile) COUlue/ (or Plai/lfi(f JOHN J. WELLS, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA v. CNIL ACTION - LAW LINDA 1. WELLS, Defendant NO. 01-3282 Civil Tenn INDNORCE RULE TO SHOW CAUSE AND NOW, this ./1 fh day o~'pJ7.rmJJt'.Jz003' upon consideration of Plaintiffs Petition for Bifurcation, a Rule is hereby entered upon the Respondent, to show cause why the relief requested should not be granted. /.5 RULE RETURNABLE DAYS FROM SERVICE HEREOF. BY THE COURT: Date: TRUE COPY FROM RECORD ~n Te imony whereof I here unto set ~~' hand and seal of said 0' at rllsl Pa. Th~m. J. ,1 . ~1 ..r'J:Uk........ ....... . , onotary (i<h\b(r C II November 2003 Goldberg, Katzman & Shipman, PC Attn: Paul 1. Esposito 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Re: Wells v. Wells Cumberland County Docket No. 01-3282 Mr. Esposito, I write to acknowledge that I received Petition for Bifurcation on 3 November 2003. I have no objections to the terms ofthe petition other then any that may involve my current financial status. Sincerely, ~~f/tV ~ M1tJ 'Linda Lee Wells CERTIFICATE OF SERVICE On this ul~ day of November, 2005, I certify that a copy of the foregoing was served upon the fol1owing party of record by delivering same in the manner indicated, addressed as fol1ows: VIA FIRST CLASS MAIL Ms. Linda L. Wells 1004 Northfield Drive Carlisle, PA 17013 Defendant Robert L. O'Brien, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, P A 17013 Counselfor Defendant . , , ::;1 i "~ (.-" " C./). 0...:..) /----- . V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JOHN J. WELLS, JR., Plaintiff LINDA L. WELLS, NO. 2001 - 3282 CIVIL Defendant IN DIVORCE MOTION TO MAKE RULE ABSOLUTE 1. Movant is Robert L. O'Brien, Esquire. Movant had filed a request to withdraw as counsel. The Rule to Show Cause issued by the court has not been responded to by the Plaintiff or Defendant. 2. Movant requests that the Court issue an Order allowing his withdrawal as counsel in the above captioned action. Respectfully submitted, O'BRIEN, BARIC & SCHERER ..~ C",,0I ~CJt..::::::J!J.../'-- Robert L. O'Brien, Esquire Attorney for Defendant I.D. # 28351 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 . .; CERTIFICATE OF SERVICE I hereby certify that on November_, 2005, I, Robert L. O'Brien, Esquire of O'Brien, Baric & Scherer, did serve a copy of the Motion To Make Rule Absolute, by first class U.S. mail, postage prepaid, to the persons listed below, as follows: Goldberg Katzman Paul J. Esposito, Esquire 320 Market Street PO Box 1268 Harrisburg, PA 17108-1268 Linda L. Wells 1004 Northfield Drive Carlisle, PA 17013 '~r:l/2 t-CI.I-)M' Robert L. O'Brien, Esquire :......) .=::> () r::,.!'\ "'-' -...1 C ." ....c_ c::: (;-~ oJ iJ", , D u- r I:C~~?"<'r~~~\l r~: -)"1 i ~W NOV~7;5 J JOHN J. WELLS, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW Defendant NO. 01-3282 Civil Term IN DIVORCE LINDA L. WELLS, AND NOW, this RULE TO SHOW CAUSE .?-Z-- day of V~005, upon consideration of the within Petition, a Rule is hereby entered upon the Respondent, to show cause, if any she has, why the relief requested should not be granted. r- RULE RETURNABLE L '::> DAYS FROM SERVICE HEREOF. BY THE COURT: ;};. ,;::/ ~~. /// ~ J. ) /i-~!-O) ~.~ jUs' ,," \' .\ -,<7 C{.. Paull. Esposito, Esquire 10.#25454 GOLDBERG, KATZMAN & SHlPMAN, P,C 320 Market Street P.o. Box 1268 Harrisburg, PA 17108-1268 (717) 234.4161; (717) 234-4161 (facsimile) Counsel for Plain/iff JOHN J. WELLS, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LA W Defendant NO. 01-3282 Civil Term IN DIVORCE LINDA L. WELLS, PETITION FOR SPECIAL RELIEF AS TO THE SALE OF MARITAL RESIDENCE TO PREVENT FORECLOSURE Petitioner, John 1. Wells, Jr., by and through his counsel, Goldberg Katzman, P.c., and Paul 1. Esposito, Esquire, respectfully requests that this Honorable Court grant his Petition for Special Relief as to the Sale of Marital Residence to Prevent Foreclosure, and in support thereof avers as follows: 1. Petitioner is John J. Wells, Jr., Plaintiff in the above-captioned divorce action. 2. Respondent is Linda L. Wells, Defendant in the above-captioned divorce action. 3. The parties were married on March I, 1978; and separated in 1996. 4. On November 30, 1992, the parties acquired a residence at 1004 Northfield Drive, Carlisle, Cumberland County, Pennsylvania. 5. Since separation, Respondent has occupied and had exclusive possession of the former marital residence. : :ODMA \PCDOCS\DOCS\ /280/4\/ 2 - 6. A series of Support Orders have been entered between the parties wherein Petitioner has made contributions to the mortgage on the residence as a component of most of those Orders. 7. Respondent, despite being employed full time and earning in excess of $30,000 per year, and the support Petitioner has provided, has failed to make the mortgage payments in a full and timely manner. 8. As a result, the mortgage is in default. 9. On August 11,2005, a Complaint in Foreclosure was filed in the Court of Common Pleas of Cumberland County, Pennsylvania against the parties. Said Complaint was reinstated on September 9,2005. 10. According to the aforementioned Complaint, the mortgage is in default because monthly payments of principal and interest due March I, 2005 and each month thereafter, are due and unpaid. II. The Divorce Master has been appointed in this case, however, Petitioner does not believe that a final order of equitable distribution will be entered so as to avoid foreclosure and Sheriff Sale of the residence. 12. The residence is a significant marital asset of the parties and, in order to protect the marital estate, the residence must be sold before foreclosure occurs. 13. The marital residence should be listed for sale immediately with the parties being directed to extend their full and immediate cooperation to accomplish the sale as promptly as possible. . :ODMA \PCDOCS\DOCSI1280 14\/ 3 14. The net proceeds of the sale should be placed in escrow pending the final equitable distribution of the parties' marital assets. 15. There are various items of personal property located in the marital residence which Plaintiff wishes to recover without prejudice to the claims of either party in the final equitable distribution of their marital assets. 16. This Court is authorized to grant the relief sought herein by virtue of 23 P. S. ~~3323(f) and 3502(f) of the Divorce Code, as amended. 17. Section 3502(f), which was made effective January 28, 2005, specifically authorizes the Court to enter an order providing for an interim partial distribution of marital property at any stage of the proceedings. WHEREFORE, Petitioner respectfully requests that this Honorable Court enter an order granting the relief sought herein, specifically directing that the marital residence of the parties be immediately listed for sale in order to avoid the imminent foreclosure and loss of this significant marital asset. Respectfully submitted, GOLDBERG KATZMAN, P.C. // ;'/ d f(~fto/J!mf Paul J. po~o Attorney LD. #25454 Goldberg, Katzman & Shipman 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 (717) 234-6808 (facsimile) Date: .MF'. /5. aOO~ I Attorney for Petitioner .' .'ODMA IPCDOCSIDOCSl1280 1411 4 , VERIFICATION I verify that the statements contained in the foregoing PETITION FOR SPECIAL RELIEF AS TO THE SALE OF MARITAL RESIDENCE TO PREVENT FORECLOSURE are true and correct to the best of my knowledge, information and belief. I understand that false statements contained herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: II lore" 2005 ~~~~ Je \ JO J. S, JR. 0 ~ CERTIFICATE OF SERVICE I ..14 On this ~ day of November, 2005, I certify that a copy of the foregoing was served upon the following party of record by delivering same in the manner indicated, addressed as follows: VIA FIRST CLASS MAIL Ms. Linda L. Wells 1004 Northfield Drive Carlisle, P A 17013 Defendant Robert L. O'Brien, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, P A 17013 Counsel for Defendant t-~? r) ::-eh c"~; c, , :< Paull. Esposito, Esquire 1.0.#25454 GOLDBERG KATZMAN, P.C 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161; (717) 234-4161 (facsimile) Counsel f(Jr Plaintif! JOHN 1. WELLS, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW LINDA 1. WELLS, Defendant NO. 01-3282 Civil Term IN DIVORCE PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE AND NOW, comes the Plaintiff, John J. Wells, Jr., by his attorneys, Paul J. Esposito, Esquire, and Goldberg Katzman, P.c., and states the following: 1. By Order of the Honorable, Edgar B. Bayley, of September 11,2003, a Rule was issued directing Defendant to show cause why Plaintiffs Petition for Bifurcation should not be granted. A copy of said Petition for Bifurcation is attached hereto, made a part hereof and marked Exhibit "A." 2. Said Rule was returnable fifteen (15) days from the date of service. A copy of said Rule is attached hereto, made a part hereof and marked Exhibit "B." 3. The Rule was served on Defendant, who was not represented by counsel at that time, via personal service on November 3, 2003. 4. Defendant did not file an answer to the Rule but did respond in the form of a letter to Plaintiffs counsel dated November 11,2003. A copy of said letter is attached hereto, made a part hereof and marked Exhibit "C." 5. On February 11,2005, E. Robert Elicker, Esquire, was appointed Master with respect to the claims raised by the parties, namely, equitable distribution of marital property, alimony pendent lite, attorney's fees and alimony. 6. On August 31, 2005, a Pre-hearing Conference was held. In attendance were the Divorce Master and counsel for the parties. 7. The issue of Defendant's delinquency with respect to the mortgage payments on the parties' former marital residence was discussed at the Pre-hearing Conference. As a result of those discussions, the Divorce Master issued a directive to Defendant's counsel to respond, within one (1) week, with an indication of Defendant's intentions regarding the house and mortgage. 8. On October 4,2005, Defendant's attorney, Robert L. O'Brien, Esquire, informed the undersigned that his client had failed to respond to his communications and he intended to seek the withdrawal of his appearance in Defendant's behalf. 9. Attorney O'Brien has filed a Motion to Withdraw as Counsel which remains pending at this time. 10. The Divorce Master has scheduled another conference with counsel and the parties for December 20,2005. II. The final resolution ofthe economic issues in this matter is not likely to occur for several more months and, given Defendant's lack of responsiveness and the amount of time which has already passed since the filing of the Petition for Bifurcation, it is reasonable to request that the Rule issued on September II, 2003, be made absolute and that Plaintiff be permitted to immediately seek the dissolution ofthe parties' marriage. .'ODMA IPC DOCSlDOCSII 280 1 211 2 .. WHEREFORE, Plaintiff requests that this Honorable Court enter an Order making the Rule issued on September 11, 2003, absolute. GOWBER?}A TZ~N, P.C. t ~ f;t//U-tl!' Paul J. sp to Attorney 1. . #25454 320 Market Street P.O. Box 1268 Harrisburg, P A 17108-1268 (717) 234-4161 Date: -lff1lt}~f /5 .io ()~ I Attorney for Plaintiff : :ODMA IPCDOCS\DOCS\128012\1 3 RECYCL<D@ G:fi-x;bit A- Paul J. Esposito, Esquire 1.0.#25454 GOLDBERG, KATZMAN & SHIPMAN, P.c. 320 Ma.rketStreet P. O. Box 1268 Harrisburg, PA 17108-J268 (717)234-41Gl; (717) 234-4161 (facsimile) Coullsel for PfniJiliff JOHN J. WELLS, JR., Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW LINDA L. WELLS, Defendant NO. 01-3282 Civil Term IN DIVORCE PETITION FOR BIFURCATION Petitioner, John J. Wells, Jr., by and through his counsel, Goldberg, Katzman & Shipman, P.C., and Paul J. Esposito, Esquire, respectfully requests that this Honorable Court grant his Petition for Bifurcation, and in support thereof avers as follows: l. 2. 3. Ohio. 4. 5. Petitioner is John J. Wells, Jr., Plaintiff in the above-captioned divorce action. Respondent is Linda L. Wells, Defendant in the above-captioned divorce action. Petitioner and Respondent were married on March I, 1978, at Cuyahoga County, The parties have one child, Timothy Lee Wells, born January I, 1978. On May 30,2001, Petitioner commenced a divorce action by tiling a Complaint in Divorce to the above docket number seeking a dissolution of the parties' marriage and the equitable distribution oftheir marital property. Petitioner also filed an Affidavit Under Section 3301(d) of the Divorce Code alleging, inter alia, that the parties separated on or about June 20, [996, have continued to live separate and apart for at least two (2) years and the marriage is irretrievably broken. 6. Respondent has not filed a Counter Affidavit challenging petitioner's allegations regarding the date of separation or the irretrievable breakdown of the parties' marriage. 7. On September 24, 1996, Respondent filed a Complaint against Petitioner seeking spousal support. 8. Pursuant to Respondent's filing, an Order for spousal support was issued by the Court of Common Pleas of Cumberland County on December 13, 1996, which Order was modified by subsequent Order dated July 12, 2001. The latter Order remains in full force and effect. 9. The spousal support Order ofJuly 12, 2001, provides, inter alia, that Petitioner pay to Respondent the sum of$388 per month, plus $100 per month on arrears. 10. The parties file separate tax returns. II. The parties have their own separate health insurance coverage. 12. The parties have maintained an economic status quo during their separation that Petitioner has no intention of disturbing. 13. Bifurcation would not disturb that economic status quo. 14. Petitioner believes and avers that the advantages of bifurcation of this divorce action are substantially greater than any disadvantages for the following reasons: a. A speedy resolution of the divorce issue would allow the parties to restructure their personal Ii ves; b. Bifurcation will accelerate the dissolution ofthe parties' marriage, which has been acknowledged by both parties to be irretrievably broken; c. Bifurcation will further the policy underlying Pennsylvania's Divorce Code in making the legal dissolution of marriage effective for dealing with the reality of matrimonial experience; .- ODMA i,PCDOCS!DOCS19970411 o d. Bifurcation of this divorce action will separate the dissolution of the marriage from the distribution of property so that the marriage and each party's personal lives are not held hostage to economic demands; e. Bifurcation ofthis divorce action will in no way prejudice, diminish or impair Respondent's economic claims under the Divorce Code. WHEREFORE, Petitioner respectfully requests that this Court grant his Petition for Bifurcation, reserving jurisdiction on the economic claims raised by the parties. Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.c. /) .-' I / liP cL" /)tiajl~"''tf-r!7I'' Paul J. Espbsiti Attorney LD.'"#25454 Goldberg, Katzman & Shipman 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 (717) 234-6808 (facsimile) Date:Je..ptz1~JL 3. ~oD3 Attorney for Petitioner : ODlvfA1PCDOCSI.DOCS\99 7041 J 3 VERIFICATION r verify that the statements contained in the foregoing PETITION FOR BIFURCATION are true and correct to the best of my knowledge, information and belief. I understand that false statements contained herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: lJl ~j 0Z q ,2003 , I . / ( / J " (I {!;.. '- ,~_ .,./t.../../(~, ~.I___::.J J. ~ S,JR. ,J JO I ',,-_/ CERTIFICATE OF SERVICE On this .3':':-{ day of September 2003, I certify that the original and one copy of the foregoing was served upon the following counsel of record for Plaintiff by placing the same in the United States mail, first class, postage prepaid, addressed as follows: Ms. Linda L. Wells 1004 Northfield Drive Carlisle, PA 17013 GOLDBERG, KATZMAN & SHIPMAN, P.C. /.7 171/ d IILLLfJr,ri Paul J. Espos' 0 v. // Supreme Cl:lurt ID #25454 Attorneys for Defendant "fC,ClED fih)bl-t 13 P:lul J. Esposito, Esquire J.D. #25454 GOLDBERG. K.A TZMAN & SHIPMAN, P.C. .120 Marke.l StTe.e.1 P. O. Box 1268 H:lrrisburg, PA 11108-1268 (717}234-4161; (717) 234-4161 (facsimile) COIllUel (or Pfninriff JOHN J. WELLS, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW Defendant NO. 01-3282 Civil Term IN DIVORCE LINDA L. WELLS, RULE TO SHOW CAUSE AND NOW, this J / M day 0~1 p)-;rmY:re.J.003, upon consideration of Plaintiffs Petition for Bifurcation, a Rule is hereby entered upon the Respondent, to show cause why the relief requested should not be granted. IJ RULE RETURNABLE DAYS FROM SERVICE HEREOF. BY THE COURT: Date: TRUE COpy FROM RECORD ~Te imony whereof I here unto set ~~' hand and seal of said o' at rlisl. Pa. Th .....L2.... J.; 1 , ~ - r/l1Jid..... ''',' Pro onota;y.... , fiZh\ b \t L \ II November 2003 Goldberg, Katzman & Shipman, PC Attn: Paul J. Esposito 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Re: Wells v. Wells Cumberland County Docket No. 01-3282 Mr. Esposito, I write to acknowledge that I received Petition for Bifurcation on 3 November 2003. I have no objections to the terms of the petition other then any that may involve my current financial status. Sincerely, >futtu ~ ;ddtJ . Linda Lee Wells CERTIFICATE OF SERVICE On this u1~ day of November, 2005, I certify that a copy of the foregoing was served upon the following party of record by delivering same in the manner indicated, addressed as follows: VIA FIRST CLASS MAIL Ms. Linda L. Wells 1004 Northfield Drive Carlisle, P A 17013 Defendant Robert L. O'Brien, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, PA 17013 Counselfor Defendant GOLDBERG KATZMAN, P.C. -'f ! .1/- i- i -ta,vL/ ,/' :,j./I l; l / Paul J. spo*o Supreme Court 1D #25454 Attorneys for Plaintiff .-~\ I'" Ci" <-,1 ~ " , :.;j I" ,11 V. 'J.- I'lOV 2 2 2005~rr IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW .....,..- .6.. JOHN J. WELLS, JR., Plaintiff LINDA L. WELLS, NO. 2001 - 3282 CIVIL Defendant IN DIVORCE ORDER And now this ~ day of November, 2005, upon application of Robert L. O'Brien, Esquire to withdraw as counsel, the same is approved and the Prothonotary is directed to remove Robert L. O'Brien, Esquire as counsel of record and to note that the Defendant, Linda L. Wells, appears Pro Se. -./ "," ./.... J. - Ll ,\9 ~~\) <"") u"') r..~j 0-:> C>,.j :,11 r-:: u~ (~ ~~ l...~:' '.-.' ,;,,:,;,,:, ''''' Paull, Esposito, Esquire 1.0.#25454 GOLDBERG KA TZ!v1AN, P.c. 320 Market Street P_ O. Box ]268 Harrisburg,PA 17108-1268 (717)234-4161;(717)234-4161 (facsimile) Counsel fiJr Pluintiff JOHN J. WELLS, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LA W LINDA L. WELLS, Defendant NO. 01-3282 Civil Term IN DIVORCE PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE AND NOW, comes the Plaintiff, John J. Wells, Jr., by his attorneys, Paul J. Esposito, Esquire, and Goldberg Katzman, P.C., and states the following: I. By Order of the Honorable, Edgar B. Bayley, dated November 22, 2005, a Rule to Show Cause was issued directing Defendant to show cause why Plaintiffs Petition for Special Relief as to the Sale of Marital Residence to Prevent Foreclosure should not be granted. A copy of said Petition is attached hereto, made a part hereof and marked Exhibit "A." 2. Said Rule was made returnable fifteen (15) days from the date of service. A copy of said Rule is attached hereto, made a part hereof and marked Exhibit "B." 3. The Petition and Rule were sent to Defendant by the Prothonotary's office on or about November 22,2005. 4. Defendant has not filed any response to the Rule to Show Cause. 5. Since the issuance of the Rule to Show Cause, Plaintiff has received notice that judgment has been entered against the property as a part of the foreclosure action. WHEREFORE, Plaintiff requests that this Honorable Court enter an Order making the Rule issued on November 22, 2005, absolute and granting the relief sought in the Petition for Special Relief. GOWBERGfATZM:\N, P.C. 10',,',1;(, ,. ,0 v&<-<-(, l-.,r? ...</ ,. Paul J" sp 'ito Attorney l.D. #25454 320 Market Street P.O. Box 1268 Harrisburg, P A 17108-1268 (717) 234-4161 Date: -~\ I '/,' I/L-C I I 3 a()O~ / Attorney for Plaintiff : :ODMA \PCDOCS\DOCS!J 28012',2 2 ~LCYCL<il {>:~l b (I' A Paul J. Esposito, Esquire 1.0. #25454 GOLDBERG, KATZMAN & SHIPMAN, P.c. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108.1268 (717) 234-4161; (717) 234-4161 (filcsimile) Counsel for Plaintiff JOHN J. WELLS, JR., Plaintiff 9 ~_::: -:'":i";'] r....-. ...., = = ~"' - ~"'- ~2 0' ,-< 0' ~=: '<'.' " . -- IN THE COURT OF COMMON PLEAS oF<:? CUMBERLAND COUNTY, PENNSYtY A~ v. CIVIL ACTION - LAW LINDA L. WELLS, NO. 01-3282 Civil Term IN DIVORCE Defendant PETITION FOR SPECIAL RELIEF AS TO THE SALE OF MARITAL RESIDENCE TO PREVENT FORECLOSURE Petitioner, John J. Wells, Jr., by and through his counsel, Goldberg Katzman, P.C., and Paul J. Esposito, Esquire, respectfully requests that this Honorable Court grant his Petition for Special Relief as to the Sale of Marital Residence to Prevent Foreclosure, and in support thereof avers as follows: 1. Petitioner is John J. Wells, Jr., Plaintiff in the above-captioned divorce action. 2. Respondent is Linda 1. Wells, Defendant in the above-captioned divorce action. 3. The parties were married on March I, 1978; and separated in 1996. 4. On November 30, 1992, the parties acquired a residence at 1004 Northfield Drive, Carlisle, Cumberland County, Pennsylvania. 5. Since separation, Respondent has occupied and had exclusive possession of the former marital residence. :-ODMA IPCDOCINJOCS1] 280] 4\] 2 ~ o -11 -l ::r:-n rnp -oj1i. ~~~ ~~) ~~ cy-n -1 '> 4-. _w .< 6. A series of Support Orders have been entered between the parties wherein Petitioner has made contributions to the mortgage on the residence as a component of most of those Orders. 7. Respondent, despite being employed full time and earning in excess of $30,000 per year, and the support Petitioner has provided, has failed to make the mortgage payments in a full and timely manner. 8. As a result, the mortgage is in default. 9. On August 11,2005, a Complaint in Foreclosure was filed in the Court of Common Pleas of Cumberland County, Pennsylvania against the parties. Said Complaint was reinstated on September 9, 2005. 10. According to the aforementioned Complaint, the mortgage is in default because monthly payments of principal and interest due March I, 2005 and each month thereafter, are due and unpaid. 11. The Divorce Master has been appointed in this case, however, Petitioner does not believe that a final order of equitable distribution will be entered so as to avoid foreclosure and Sheriff Sale of the residence. 12. The residence is a significant marital asset of the parties and, in order to protect the marital estate, the residence must be sold before foreclosure occurs. 13. The marital residence should be listed for sale immediately with the parties being directed to extend their full and immediate cooperation to accomplish the sale as promptly as possible. ...DDMAIPCDOCSIDOCSI/280/4\/ 3 14. The net proceeds of the sale should be placed in escrow pending the final equitable distribution of the parties' marital assets. 15. There are various items of personal property located in the marital residence which Plaintiff wishes to recover without prejudice to the claims of either party in the final equitable distribution of their marital assets. 16. This Court is authorized to grant the relief sought herein by virtue of 23 P. S. SS3323(f) and 3502(f) of the Divorce Code, as amended. 17. Section 3502(f), which was made effective January 28, 2005, specifically authorizes the Court to enter an order providing for an interim partial distribution of marital property at any stage ofthe proceedings. WHEREFORE, Petitioner respectfully requests that this Honorable Court enter an order granting the relief sought herein, specifically directing that the marital residence of the parties be immediately listed for sale in order to avoid the imminent foreclosure and loss of this significant marital asset. Respectfully submitted, GOLDBERG KATZMAN, P.C. ~ Paul J. poiji'fo Attorney LD. #25454 Goldberg, Katzman & Shipman 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 (717) 234-6808 (facsimile) Date: 7L&tr. / s: (;? 00:;- / Attorney for Petitioner ::ODMA IPCDOCSIDOCSlI 2801 4\1 4 VERIFICATION I verify that the statements contained in the foregoing PETITION FOR SPECIAL RELIEF AS TO THE SALE OF MARITAL RESIDENCE TO PREVENT FORECLOSURE are true and correct to the best of my knowledge, information and belief. I understand that false statements contained herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: II /00,2005 ~~d;J( . JO J. S, JR. {j CERTIFICATE OF SERVICE On this /514 day of November, 2005, I certify that a copy of the foregoing was served upon the following party of record by delivering same in the manner indicated, addressed as follows: VIA FIRST CLASS MAIL Ms. LindaL. Wells 1004 Northfield Drive Carlisle, P A 17013 Defendant Robert L. O'Brien, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, P A 17013 Counsel for Defendant GOLDBERG KATZMAN, P.C. /) l/ i // 1 (/ 7 rjfwlt !till Paul J. tsp~ito Supreme Court ill #25454 Attorneys for Defendant 4;.'>.;"'.() tIJ\\b If B --'-'- --,. ;- r~ui~t7t~'};~:;:'~'~ 1'. '\/ NO~ ~ , zoos \J3Y:~--=-- JOHN J. WELLS, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW LINDA L. WELLS, Defendant NO. 01-3282 Civil Term IN DIVORCE RULE TO SHOW CAUSE AND NOW, this J J- dayof" Jrfl..it.AvI,~--r , 2005, upon consideration of the within Petition, a Rule is hereby entered upon the Respondent, to show cause, if any she has, why the relief requested should not be granted. RULE RETURNABLE It:( DAYS FROM SERVICE HEREOF. BY THE COURT: 12f'1J'^- ~ ~ TRue <"'OFl" FROM RECORD '" T~1wliaraol. I hereunto set my_, BIll;t t~ seal of s.aJO Court Carlisle. Pa. . .l- 61 _ d-l'lG); / CERTIFICATE OF SERVICE On this 1:5 if: day of December, 2005, I certify that a copy of the foregoing was served upon the following party of record by delivering same in the manner indicated, addressed as follows: VIA FIRST CLASS MAIL Ms. Linda L. Wells 1004 Northfield Drive Carlisle, P A 17013 Defendant GOLDBERG KATZMAN, P.C. /j .,,/ i / l' . ," !}[LaJ,/'t /c,.J 1_,,(',,;7 PaulJ. . posijO Supreme Court ID #25454 Attorneysfor Plaintiff DEe 1 6 2005 ,,)(\ JOHN J. WELLS, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LA W Defendant NO. 01-3282 Civil Term IN DIVORCE LINDA L. WELLS, ORDER AND NOW, this -?'O day 0~~_,2005, upon consideration of the within Motion, the Rule issued on November 22, 2005, is hereby made Absolute. It is further ORDERED that the real estate known as 1004 Northfield Drive, Carlisle, Cumberland County, Pennsylvania shall be immediately listed for sale and the parties are directed to extend their full cooperation in order to achieve a prompt sale ~roperty. , . BAYLEY, J. ~,~,/) /fl- - '\ \~cP \1)-: I'- >c: ~( 1:..-:: ~> UJ ...~ .-:dtu CL:r:: ...... ~ <:0 <'-.J co ~C'_ ;;a N U 'w b ,..;'"~ C..":') cs c-.J "5 D JOHN J. WELLS, JR., PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. LINDA L. WELLS, DEFENDANT 01-3282 CIVIL TERM AND NOW, this ORDER OF COURT ~ day of January, 2006, plaintiff's motion to make a Rule absolute issued to show cause why a bifurcated decree in divorce should not be entered, IS MADE ABSOLUTE. Upon presentation of the required documents, a bifurcated decree in divorce will be entered. ." ~aul J. Esposito, Esquire For Plaintiff " ,ft.inda L. Wells, Pro se 1004 Northfield Drive Carlisle, PA 17013 :sal .-1~o\abt::.\~% ~0-\L\,\~J .jy/~ ';'GZ.~c / C'Z~~,\Y V ( ,\C"' I (j' I / ". 1.1' , ~--: lI_ e) t'"- ~'" ;;--" C.J -<--) '_C, ..:~ C'0 -- Paull. Esposito, Esquire ID, #25454 GOLDBERG KATZMAN, PT. 320 Market Strecl P. O. Box 1268 Harrisburg, PA 17108-1268 (717)234-4161, (717)234-4161 (facsimile) Coun.\"elfiJrPlaintill JOHN J. WELLS, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LA W LINDA L. WELLS, NO. 01-3282 Civil Term IN DIVORCE Defendant PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under S 3301(d) of the Divorce Code. 2. Date and manner of service of the Complaint: June 11.2001. via certified mail- return recei t si ned for b Defendant. Affidavit of Service filed June 22 2001. 3. (a) Date of execution of the affidavit of consent required by S 3301(c) of the Divorce Code: by Plaintiff on ; by Defendant on (b) (I) Date of execution of the Affidavit required by S 3301(d) of the Divorce Code: Mav 7, 2001 (2) Date of filing and service of Plaintiffs Affidavit upon the Defendant: Filed. Mav 30 2001' Served on Defendant June 11 2001 via certified mail return recei t. 4. Related claims pending: E uitable distribution of marital ro er lite. attorney's fees and alimonv. endente 5. (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date Plaintiffs Waiver of Notice in S 3301(c) Divorce was filed with the prothonotary: Date Defendant's Waiver of Notice in S 3301(c) Divorce was filed with the prothonotary: JOHN J. WELLS, JR., PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. LINDA L. WELLS, DEFENDANT 01-3282 CIVIL TERM ORDER OF COURT AND NOW, this 7L day of March, 2006, the request for the entry of a decree in divorce at this time, IS DENIED.1 By t~eCourt, ~aul J. Esposito, Esquire For Plaintiff :sal ,OV O~ 0:) )?nda L. Wells, Pro se 1004 Northfield Drive ~ Carlisle, PA 17013 I The complaint and 3301 (d) affidavit were filed on May 30, 2001, and served on defendant on June 11,2001. On January 9,2006, a Rule was made absolute providing that, "Upon presentation of the required documents, a bifurcated decree in divorce will be entered." On March 2, 2006, plaintiff filed a praecipe to transmit the record for the entry of a bifurcated decree on the ground of irretrievable break down under Section 3301 (d) of the Divorce Code. Plaintiff, however, has not filed proof of service on defendant of a notice of intention to transmit the record for the entry of such a decree. That is a required document before this bifurcated decree can be entered. ""J ,d Paull Esposito, Esquire 1.0,#25454 GOLDBERG KATZMAN, P.C. 320 MarketSlreet p, 0, Box 1268 Harrisburg, PA 17108-1268 (717)234-4161, (717) 234-4161 (facsimile) ('ounselfiJrP/mnliff JOHN J. WELLS, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LA W Defendant NO. 01-3282 Civil Term IN DIVORCE LINDA L. WELLS, PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under S 3301(d) of the Divorce Code. 2. Date and manner of service of the Complaint: June 11, 2001, via certified mail- return receipt siened for bv Defendant: Affidavit of Service filed June 22, 2001. 3. (a) Date of execution of the affidavit of consent required by S 3301(c) of the Divorce Code: by Plaintiff on ; by Defendant on (b) (I) Date of execution of the Affidavit required by S 3301(d) of the Divorce Code: Mav 7, 2001 (2) Date of filing and service of Plaintiff's Affidavit upon the Defendant: Filed, Mav 30, 2001: Served on Defendant June 11, 2001, via certified mail, return receipt. 4. Related claims pending: Equitable distribution of mar ita I property, alimonv oendente lite, attorney's fees and alimonv. 5. (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: Januarv 24, 2006, via first class mail. (b) Date Plaintiff's Waiver of Notice in S 3301(c) Divorce was filed with the prothonotary: Date Defendant's Waiver of Notice in S 3301(c) Divorce was filed with the prothonotary: ,/ ~w , ("1 ( ~~t. ct\\ ~'? ......, '~; c ..-r,. ~.~ ';C .- 6' ~:.:- '(}:. ~'. '4~:., a '" .---",.....,-.., -:S;-f': <<", -'0\..'-; ~;:i:~~~/ .-0 ~ ~. <, '., .~\~'i.. ""'.'" r"e:", '::4 ~, r... C:P , Paul J. Esposito 1.0, #25454 Goldberg Katzman, P.C. 320 Ma.rket Street, Strawbeny Square Post Office Box 1268 Harrisburg, P A 17108-1268 (717) 234-4161 Allorneji.\" fiJr Defimdnnt JOHN J. WELLS, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COU~TY, PENNSYL VANIA v. CIVIL ACTION - LAW LINDA L. WELLS, Defendant NO. 01-3282 Civil Term IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) ) ) ss. COUNTY OF CUMBERLAND Personally appeared before me, a Notary Public, in and for said Commonwealth and County, PAUL J. ESPOSITO, ESQUIRE, who being duly sworn according to law deposes and says that on January 24,2006, he sent a copy of the Notice oflntention to Request Entry of ~3301(D) Divorce Decree by first class mail to Linda L. Wells, at 1004 Northfield Drive, Carlisle, Pennsylvania 17013, a copy of said mailing is attached hereto and made a part hereof. , Sworn to and subscribed before me this f.5'tLday of "711 il N J... / , 2006. ,.ODMA IPCDOCSIDOCS\9793813 Arthur L. Goldberg (1 Y51-~OOO) Harry B. Goldberg { 1961-19CJRI Ronald M. Ki1tzman Paul I. Esposito Neil E. Hendershot T. Jay Cooper Thomas E. Brenner April L. Strang-Kutay Guy H. Brooks Jerry J. Russo Michael J. Crocenzi Thomas J. Weber Steven E. Grubb John DeLorenzo Royce L. Morris David M. Steckel Joseph M. Sembrot Heather L Paterno Carly J. \,Vismer Michael F. Socha COFNSEI. Joshua D. Lock Arnold B. Kogan Ms. Linda L. Wells 1004 Northfield Drive Carlisle, P A 17013 n Goldberg Katzman C~fPr A full-service law firm. January 24, 2006 Re: Wells v. Wells Cumberland County Docket No. 01-3282 Enclosed for service upon you is Notice of Intention to Request Entry of g330 1 (d) Divorce Decree in the above-referenced divorce proceeding. ::ODMA IPCDOCSlDOCSI/ 0074215 320 M<lrkct 51 reel, 51 rawberry Square I P.O. Box 12681 Harrisburg, PA 17] 08-12681 717-234-4161 I 7] 7-234-6808 ({,n) J1.'Hl11',goldhergka tZlIld 1/. co 111 Dear Ms. Wells: P JE/sarn Enclosure cc: John J. Wells, Jr. '\ij' \.~1i ~ :J Paul 1. Esposito, Esquire LO. #25454 GOLDBERG KATZMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717)234-4161;(717)234-4161 (facsimile) Counsel (or Plaintiff JOHN 1. WELLS, JR., Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBE~ COUNTY, PENNSYLVANIA :::l:28J?t!'lr IN DIVORCE v. LINDA L. WELLS, NOTICE OF INTENTION TO REQUEST ENTRY OF Ii 3301(d) DIVORCE DECREE TO: LINDA L. WELLS, DEFENDANT You have been sued in an action for divorce. You have failed to answer the complaint or file a counter-affidavit to the 9 3301(d) affidavit. Therefore, on or after Februarv 20.2006, the other party can request the court to enter a final decree in divorce. If you do not file with the Prothonotary of the court an answer with your signature notarized or verified or a counter-affidavit by the above date, the court can enter a final decree in divorce. A counter-affidavit which you may file with the Prothonotary of the court is attached to this notice. Unless you have already filed with the court a written claim for economic relief, you must do so by the above date or the court may grant the divorce and you will lose forever the right to ask for economic relief. The filing of the form counter-affidavit alone does not protect your economic claims. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. PENNSYL VANIA LAWYER REFERRAL SERVICE Pennsylvania Bar Association P.O. Box 186 Harrisburg, P A 17108 Telephone: (800) 692-7375 JOHN J. WELLS, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA Defendant ,~~ION-LAW ~~lD1l~ IN DIVOR~l [rm v. LINDA L. WELLS, COUNTER AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. Check either (a) or (b): (a) I do not oppose the entry of a divorce decree. (b) I oppose the entry of a divorce decree because: (Check (i), (ii), or both): (i) The parties to this action have not lived separate and apart for a period of at least two years. (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): (a) I do not wish to make any claims for economic relief.. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the Prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims. . . I verify that the statements made in this Counter-affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S4904 relating to unsworn falsification to authorities. Date: Defendant NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU SHOULD NOT FILE TillS COUNTER-AFFIDAVIT. "ODMA IPCDOCSlDOCSI1 3063311 2 0 r-) 0 tc:? (.~. = -'I (:~7"" -r)t::C; ::u: %:1'] F \'( :P" .;, 7'" .r:f~ C ,<~ ~\ -,! '-' 0; 0.... ,-, C " ~:- j.;" ..,., i/ '"Ii ':?; , -:,"..... t;~) P. \.~) tSl C) en {".. .,...\ ~:':-- ~ ,-I C'! ~ -< 0' .' . . . . . . . :+:+::f.;+: ~:+;+:+.+.+.+++++++ +++++++++ +++++++ +++++.+++++.+++++++++++++++++++++++++++~ . . IN THE COURT OF COMMON PLEAS : . OFCUMBERLANDCOUNTY : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PEN NA. JOHN J. WELLS, JR., . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . +++++++++++++++++++++++++++++++++++++++++? STATE OF No. 01-3282 IN DIVORCE Civil Plaintiff VERSUS LINDA L. WELLS, Defendant DECREE IN DIVORCE t ~ lb ~, IT IS ORDERED AND AND NOW, + . + . + . + + . . + . . + . . + + + + + + + + + + + . . . + . . + . + + . . . JOHN J. WELLS, JR. , PLAINTIFF, DECREED THAT LINDA L. WELLS , DEFENDANT, AND ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; Equitable distribution of marital property. alimony pendente lite. attorney's The Spousal Support Order docketed to #1056-S-96, shall be converted to alimony pendente lite. B'THEC~ PACSES fees Case ATTES~ ~ L-~~ ----- J. ),;I'f;/::;2 ~n/ ~'?u, '?i?!.../. r ~ 7? 4,17?1fi<. ~ /~- -Mp.., P{J 'Jt Ij. >: .. JOHN J. WELLS, JR., Plaintiff/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE LINDA L. WELLS, Defendant/Petitioner NO. 01-3282 CIVIL TERM IN DIVORCE PACSES # 069108131 ORDER OF COURT AND NOW, this 23'" day of March, 2006, based upon the COUl1's determination that Petitioner's monthly net income/earning capacity is $0.00 and Respondent's monthly net income/earning capacity is $0.00, it is hereby Ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit, $657.00 per month payable as follows: $657.00 t(lr alimony pendente lite and $0.00 on arrears. First payment due next pay date. Arrears set at $657.00 as of March 23, 2006. The effective date of the order is March 16,2006. Failure to make each payment on time and in full will cause all arrears to becomc subject to immediate collection by all ofthe means as provided by 23 Pa.C .S.~ 3703. Further, if the Court tinds, after hcaring, that the Respondent has willfully failed to comply with this Order, it may declare thc Respondent in civil contempt of Court and its discretion make an appropriate Order, including, but not limited to, commitment of the Respondent to prison for a period not to exceed six months. Said money to be turned over by the P A SCDU to: Linda L. Wells. Payments must be made by check or money order. All checks and money orders must be made payable to P A SCDU and mailed to: PA SCDU P.O. Box 69\10 Harrisburg, P A 17106-91 J 0 Payments must include the Respondent's P ACSES Member Number or Social Sccurity Number in order to be processed. Do not send cash by mail. cc360 ... Unreimbursed medical expenses that exceed $250.00 annually are to be paid as follows 0% by Respondent and 100% by Petitioner. The Petitioner is responsible to pay the first $250.00 annually in unreimbursed medical expenses. Petitioner is to provide medical insurance coverage. Within thirty (30) days after the entry of this Order, the Respondent shall submit to Petitioner written proof that medical insurance coverage has been obtained or that application for coverage has been made. Proof of coverage shall consist, at 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. This Order is based upon the parties' agreement and the Divorce Order of March 16, 2006. Petitioner will maintain her own medical insurance. This Order shall become final tcn days 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 beforc the Court. Consented: Petitioner Petitioner's Attorney Respondent's Attorney Respondent DRO: R. .r. Shadday \1ailcd copies on: \1arch 23, 2006 Petitioner Respondent Rohcrt L O'Bricn, Esq. Pnul Esposito, Esq. BY THE COURT, Q~1~ Edgar B. Bayley, \ J. C) c~ (',../') r-;::;l ,.",", (") ;en h) (..) ':? u,) "' Slale Commonwealth of Pennsvlvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 03/23/06 Case Number (S.... Add..ndum for case summary) ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT 069108131 01-3282 CIVIL EmployerMlithholder's federal [IN Number 771000028 1056 S 96 RE: WELLS, JOHN J. o Original Order/Notice @ Amended OrderlNotice o Terminate Order/Notice Employee/Obligor',; Name (Last, FIrst, Ml) 272-64-6314 Employee/Obligor's Social Security Number 6160000025 Employee/Obligor's Case Identifier (See Addendum for plaintiff names iJssociated with cases on attachment) Custodial Parent's Name (Last, First, Ml) DEFENSE FINANCE & ACCOUNTING CLEVELAND CENTER CODE L PO BOX 998002 CLEVELAND OH 44199-8002 See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMA TlON: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 657.00 per month in current support $ 100.00 per month in past-due support Arrears 12 weeks or greater? @yes 0 no $ 0.00 per month in current and past-due medical support $ 0 . 00 per month for genetic test costs $ per month in other (specify) for a lolal of $ 757.00 per monlh 10 be forwarded 10 payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 174.69 per weekly pay period. $ 349.38 per biweekly pay period (every two weeks). $ 378.50 per semimonthly pay period (twice a month). $ 757.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SeDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCOU Send check to: Pennsylvania SCOU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PA YMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown abov.. as th.. Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. ~ BY THE URT: ~ Date of Order: MAR 2 4 2006 ~ .\ . ~p'v '..- \, C''1 'o~\ Edgar B. Bayley, Ju:lge Form EN-028 Worker ID $OINC DRO: R.J. Shadday Service Type M OMB No.; 0970-01-"4 .... ADDITIONAL INfORMATION TO EMPLOYERS AND OTHER WITHHOLDERS o If checked you are required to provide a copy of this form to your employee. If your employee works in a state that is different from the state that issued this order, a copy must be provided to your employee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3. *-Reporting-thef'aydatefEJate of Withholding:- -Yott-mmtreporHh"l'aydate/date-ofwithhotdirtg wnm sending-the-pdyl' ,el ,I. the-- paydate!dateof-withholdingisthe<iate orrwhichamOtJ11twaswithhetd from-the-employee's wage>. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forvvard the support payments. 4. * Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits. you must follow the law of the state of emp[oyee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the "Information requested and return a copy of this Order/Notice to the Agency identified below. THE EMPLOYEE/OBLIGOR NO lONGER WORKS FOR: 5483100093 EMPlOYEE'S/OBlIGOR'S NAME: WELLS , JOHN J. EMPLOYEE'S CASE IDENTIFIER: 6160000025 DATE OF SEPARATION: lAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti..discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act 115 U.S.c. 91673 (b)1; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. For tribal orders, you may not withhold more than the amounts allowed under the law of the issuing tribe, For tribal employers who receive a state order, you may not withhold more than the amounts allowed under the law of the state that issued the order. 10. Additional Info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Submitted By: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by fAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Worker ID $OINC Service Type M OMBNo:0<170-1l154 - ADDENDUM Summary of Cases on Attachment Defendant/Obligor: WELLS, JOHN J. PACSES Case Number 069108131 Plaintiff Name LINDA L. WELLS Docket Attachment Amount 01=3282 crvrL$ 657.00 Child(ren)'s Name(s): DOB PACSES Case Number 771000028 Plaintiff Name LINDA L. WELLS Docket Attachment Amount 10s.s-s-96 $ 100.00 Child!ren)'s Name(s): DOB o If checked, you are required to enroll the child!ren) identified above in any health insurance coverage available through the employee's/obJigor's employment. o If checked, you are required to enroll the child!ren) identified above in any health insurance coverage available through the emp\oyee's/obligor's employment. PACSES Case Number Plaintiff Name P ACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name!s): DOB Docket Attachment Amount $ 0.00 Child(ren)'s Name!s): DOB o If checked. you are required to enroll the child!ren) identified above in any health insurance coverage available through the employee's/obligor's employment. Olf checked, you are required to enroll the child!ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child!ren)'s Name(s): DOB Docket Attachment Amount $ 0.00 Child!ren)'s Name(s): DOB o If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. Olf checked. you are required to enroll the child!ren) identified above in any health insurance coverage available through the employee's/obligor's employment. Addendum Form EN-02B Worker ID $OINC Service Type M OMB No,: 0970_0154 ~. q, '.:t-n f~~,~r;.~ .-..> 'C:C} r3'~ ...... ::-;;) t'j. , _-\l..-} (;-? '-;C) :;;11-\\ .-::\ - ~,. ".2. -' --..:. (-1;) .,") ....,.,- ------- -- JOHN J. WELLS, JR. Plaintiff Vs. LINDA L. WELLS, Defendant AND NOW, this IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01 - 3282 CIVIL IN DIVORCE ORDER OF COURT (\U- I.f. day of ~J..j 2006, the parties having previously been divorced by decree entered March 16, 2006, and the parties and counsel having entered into an agreement and stipulation resolving the economic issues on April 11, 2006, the date set for a Master's hearing, the agreement and stipulation having been transcribed and subsequently signed by the parties and counsel, the appointment of the Master is vacated. BY Tj,l&-"CI5\lR T , .'.. )(-;:;; ~~~V ! ~~~ Edgar B. Bayley, P.J. ~l J. Esposito Attorney for Plaintiff ..Klnda L. Wells Defendant cc: '-l J) ;:-"'J tL () JOHN J. WELLS, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 01 - 3282 CIVIL LINDA L. WELLS, Defendant IN DIVORCE THE MASTER: Today is Tuesday, April 11, 2006. This is the date set for a hearing in the above-captioned divorce proceedings. We previously had a conference on December 20, 2005, with the Plaintiff's attorney and the Defendant present. A memo was placed on the record at that time. Present today are the Plaintiff, John J. Wells, Jr., and his counsel Paul J. Esposito, and the Defendant, Linda L. Wells, who is not represented by counsel. A decree in divorce was entered by Judge Bayley on March 16, 2006. The decree specifically preserved for further consideration the claims of equitable distribution, alimony, alimony pendente lite, and counsel fees. The spousal support order entered in the Cumberland County Domestic Relation's Office was converted to an alimony pendente lite order. The Master has been advised that after considerable discussion, the parties have reached an agreement with respect to the outstanding economic issues. 1 The agreement is going to be placed on the record in the presence of the parties. Mr. Esposito is going to outline the agreement and the agreement will be transcribed. The agreement as stated on the record will be considered the substantive agreement of the parties not subject to any changes or modifications except for correction of typographical errors which may be made during the transcription. The parties and counsel for husband are going to return later this morning to review the draft, make any corrections of typographical errors as necessary, and then affirm the agreement by affixing their signatures. It is specifically understood that the agreement will be binding on the parties when the parties leave the hearing room whether or not it is signed later today. Upon receipt by the Master of the completed agreement, the Master will prepare an order vacating his appointment. The vacation of the Master's appointment and the completion of the agreement will resolve all outstanding issues in this case pending before the Court. It is specifically noted, however, that there are certain terms of the agreement which are going to be prospective in nature and will have to be carried out following today's date. The parties are bound to complete the terms of the agreement that are to be carried out in accordance with the agreement following the statement of the 2 agreement on the record in accordance with the time frame set in the agreement. Mr. Esposito. MR. ESPOSITO: 1. The marital real estate located at 1004 Northfield Drive, Carlisle, Pennsylvania, is presently under contract for sale with closing scheduled for May 26, 2006. The parties agree that the property shall be sold pursuant to the aforementioned contract. The net proceeds shall be divided equally; however, Plaintiff shall be reimbursed from Defendant's share of the proceeds the sum of $5,228.19 and one-half of the marital portion of the Defendant's 40l(k) account and retirement less the arrears owed on the alimony pendente lite order as of May 26, 2006. The parties acknowledge that the marital portion of Defendant's 40l(k) account and retirement will be increased by an interest factor post-separation compounded annually but not to include any post-separation contributions. Defendant shall promptly provide the information regarding the return on the investment for the 40l(k) account and current information regarding her pension in order to have the actuary calculate the marital portion so the aforementioned offset can be made. Defendant shall provide this information so that the calculations can be performed prior to May 26, 2006, and all adjustments to wife's portion of the proceeds from the sale of the house will be made at the time of settlement of the house so that each party will receive the appropriate net proceeds in accordance with the computations set forth in this agreement. 2. Defendant shall receive one-half of the marital portion of Plaintiff's disposable retired pay. 3. Defendant shall pay the premium for the survivor benefit component of Plaintiff's military retirement. Defendant shall be entitled to any cost of living increases to the pension following today's date. 4. The parties shall retain as their sole and separate property any other assets in their respective possession with the exception that Plaintiff or his designee shall on May 26, 2006, retrieve any of Plaintiff's personal property still at the marital residence. 5. Effective May 26, 2006, Plaintiff shall pay to Defendant as indefinite alimony the sum of $200.00 per 3 month. The amount of alimony shall not be subject to modification by way of increase or decrease. In any event, Plaintiff's obligation to pay alimony to Defendant shall terminate upon the first to occur of any of the following: the death of either party, Defendant's co-habitation with an unrelated male, or Defendant's remarriage. Defendant shall have the duty to inform Plaintiff or his attorney when she has either remarried or commenced co-habitation. The alimony pendente lite order presently in effect shall terminate May 26, 2006. Payments following thereafter shall continue to be paid through the Cumberland County Domestic Relations Office by way of attachment of Plaintiff's military retirement pay. 6. The fees of the actuary incurred for the calculation of the marital portion of Defendant's 40l(k) and retirement and the preparation of any orders distributing Plaintiff's military retirement shall be paid equally by the parties from the proceeds from the marital residence. 7. The parties hereby waive and relinquish any claims either may have against the other arising out of their marriage or otherwise except any action which may be necessary to enforce the terms of this agreement. 8. Any claims raised in these proceedings for counsel fees are withdrawn and waived. THE MASTER: Mrs. Wells, have you heard the statement of the agreement on the record? MS. WELLS: Yes, I have. THE MASTER: Do you understand it? MS. WELLS: Yes, I do. THE MASTER: And are you in agreement to accept those terms as a final resolution of all the economic claims in the divorce proceedings? MS. WELLS: I am. MR. ESPOSITO: Mr. Wells, have you heard me 4 recite the terms of the agreement? MR. WELLS: Yes. MR. ESPOSITO: Have you heard the additions or modifications that were made by Mr. Elicker? MR. WELLS: Yes. MR. ESPOSITO: Do you understand everything that you heard? MR. WELLS: Yes. MR. ESPOSITO: Is it your intention to agree to all of the terms as recited? MR. WELLS: Yes. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: DATE: /) /dai! c-- / I tif:;~ o&. / 1 '/J/J L (<-U-U!,../ ~ .' John 5 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION Defendant /Pet it ioner ) Docket Number 01-3282 CIVIL ) ) PACSES Case Number 069108131 ) ) Other State ID Number JOHN J. WELLS Plaintiff / Respondent vs. LINDA L. WELLS ORDER AND NOW, to wit, on this 17TH DAY OF MAY, 2006 IT IS HEREBY ORDERED that the APL. order in this case be 0 Vacated or o Suspended or (i) Terminated without prejudice or 0 Terminated and Vacated, effective MAY 26, 2006 , due to: THE PARTIES' SETTLEMENT AGREEMENT AS ENTERED BEFORE THE DIVORCE MASTER ON APRIL 11, 2006 AND THAT AN ALIMONY AWARD WILL COMMENCE ON MAY 26, 2006. THE REMAINING BALANCE ON THE ALIMONY PENDENTE LITE ACCOUNT WILL BE SATISFIED AT THE CLOSING ON THE SALE OF THE PARTIES' FORMER MARITAL RESIDENCE. By~!"J1~ Edgar B. Bayley, JUDGE DRO: R.J. Shadday Service Type M Form OE-504 Worker ID 21005 r--.:t c::;) = 0" ::llI: :3> -< ~ ~ n,:D -0 hi --19 Gel ;:J-r- os-n ~o -m ~ ?E -< --J -0 :1t <a .;:- o OS/25/2008 14:24 FAX 717 234 8808 GOLDBERG KATZMAN lIAr-II-a. 12:03 '&ClIIIbarliRd CouRtl Pcu.tlc R.latlon. +17172408241 ~ 003/003 T-a2e p.aO!lOOI F-183 ~ 31/-:r& (N.pb_ N\JmIlm) ().., '-/ ~ rP8'O! (Pax Number) A TweDt;)' Dou.r (S2O.00) Fee is Due per SociIl Make clleek 011' DlO order ble to; D No. 01- 32.~2. Ci CUMBJtRLAND COUNTY nll* of Application:-!!J A.~ J-6~ up(, Request for Sup NIDIC: --1U t II s (J.as!) . 'If' I Address; f.J" Social SccumyNumber: ;;. -I) - (,'1 ~ 31Y Domestic :a.Iltions Cue Number ifKDowu: Pany :a.q'.<Ig 1Df'omIaIion: .i~htl:-. f . X INITIAL REQUEST Has no 'lecord in Domc:atie :&elations as or. SlIppQlt Arrears u ofEDd. ofMcml:h Prior to Date of Appli Mombly TotII Support ObUptiol1: S The AJnoulltlhown above is reftectecl in tbt: Domeetic Relatio s Section ot1ke of Cumberland Cotmty. pamsylvaDia. f'I\ lj;\ b e.r :!l:: 01 0 oooo~~- DOlll8Ric Relations Case Number: ~ 0 ftJ q I g I 3 I SiallCd: CJd - 'Yh J?.. - - $ /d S/d0 o ~Scmtl'eo.:~ co.) (DIle) : $ 355. 30 .' BRING-DOWN REQUEST Suppon Arreara: S AsOt. (D;III) Siped: (Lien ColIrlIiDuor) (D8Ia) ..... Lien Satis:fisfaction RCQcipt Availablo Requost... CC720 "'" = = a" c..... c::: :;;e; c. c: ~.";" ::;! -0 :;!; Cf! r (J', ~ ~~ 'vp:j -n"j ;~:~s~ .~;?:~~ ::;:> --l ..",.. 'n '< , ... ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of pennsylvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 06/07/06 Case Number (See Addendum for case summary) 069108131 01-3282 CIVIL o Original Order/Notice o Amended Order/Notice o Terminate Order/Notice RE: WELLS, JOHN J. Employee/Obligor's Name (Last, First, MI) 272-64-6314 Employee/Obligor's Social Security Number 6160000025 Employee/Obligor's Case Identifier (See Ath:/@ndum for plaintiH nam@s associated with cases on attachment) Custodial Parent's Name (last, First, Mil ErnployerlWithholder's Federal EIN Number DEFENSE FINANCE & ACCOUNTING CLEVELAND CENTER CODE L PO BOX 998002 CLEVELAND OH 44199-8002 See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMA TlON: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee'sfobligor's income until further notice even if the Order/Notice is not issued by your State. $ 200.00 per month in current support $ 0.00 per month in past-due support Arrears 12 weeks or greater? Oyes @ no $ 0.00 per month in current and past-due medical support $ 0 . 00 per month for genetic test costs $ per month in other (specify) for a total of $ 200.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 46.15 per weekly pay period. $ 92.31 per biweekly pay period (every two weeks). $ 100.00 per semimonthly pay period (twice a month). $ 200.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee'sf obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PA YMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. ~ BYTHE 0 RT: ~ Date of Order: cIDN 08 2006 _;,p-v V \(&1 ~ Edgar B. Bayley, Ju:lge Form EN-028 Worker 10 $IATT 000: R.J. Shadday Service Type M OMS No.: 097()..()154 { ... ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS o If.~hecked you are required. to prpvi(le a (:opy of this form to your. employee. Ifyo~r employee works in.a state that is ditterent from the state that ISSUed thIS order, a copy must be provided to your employee even If the box IS not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effed before receipt of this order have priority. If there are Federal tax levies in effed please contad the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3. * R'C....V,t;tf511Ic r~yddldDCltt vf ',fI;U.IIVld:lIg. YOu IIIU;Jll1::J.lOlt tile payJateld.!.ttt- of vv:LIILvld;lIg vvlle.. :)efIJ:H5 lL'C I-'oyI 1I'C1lt. Tilt:: paydateldatt v{ vv;tl.llvld;1I5 ;;:, 1I1e date 0.. vvl.;",I. (lIIIVUlll no;) vvaLI u;::;ld flV11l tile; 'CIIIJJluy'Ce'~ vvage;:,. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.' Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 5483100093 EMPLOYEE'S/OBLlGOR'S NAME: WELLS , JOHN J. EMPLOYEE'S CASE IDENTIFIER: 6160000025 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed govems. 9.' Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Ad (15 U.S.c. 91673 (b)1; or 2) the amounts allowed by the State of the employee's1obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory dedudions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. For tribal orders, you may not withhold more than the amounts allowed under the law of the issuing tribe. For tribal employers who receive a state order, you may not withhold more than the amounts allowed under the law of the state that issued the order. 10. Additional Info: 'NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Submitted By: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Worker ID $IATT Service Type M OMB No.: 0970-0154 I . , ADDENDUM Summary of Cases on Attachment Defendant/Obligor: WELLS, JOlIN J. PACSES Case Number 069108131 Plaintiff Name LrNDA L. WELLS Docket Attachment Amount 01-3282 CIVIL$ 200.00 Child(ren)'s Name(s): PACSES Case Number Plaintiff Name DaB Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DaB you are required to enroll the child(ren) in any health insurance coverage available through the employee'sJobligor's employment. you are required to enroll the child(ren) in any health insurance coverage available employee'sJobligor's employment. PACSES Case Number Plaintiff Name PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DaB Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DaB you are required to enroll the child(ren) in any health insurance coverage available employee's/obligor's employment. you are required to enroll the child(ren) in any health insurance coverage available employee's/obligor's employment. PACSES Case Number Plaintiff Name PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DaB Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DaB you are required to enroll the child(ren) in any health insurance coverage available employee'sJobligor's employment. you are required to enroll the child(ren) in any health insurance coverage available employee'sJobligor's employment. Addendum Form E N-028 Worker ID $IATT Service Type M OMB No.: 0970-0154 c2/~ () ,- ~c; :-..';- ( #1 5;?;;l. \ "'" C:::J C,::) "n t_ s;.; ~ :I! rl1:!J r- -am ~C'O .?cl. : _J '-T: ~:r~ ) __c >-0 C~)nl -I ---::> ~.o -< I co -0 3: co> .<.- N bC;/,O LIEN SATISFACTION Pacses# 069108131 No. 01-3282 CV DR# Name: John Wells Member Number: 6160000025 Judgment Lien Satisfied as of: June 5, 2006 Amount Paid: $ $355.30 Signed: 9u ilL;?h <.6 ~ (Lien Coordinator) JUN 2 8 2lIlI1 (Date) CC722 , ~.. ',~ <l c_ l~'__ f"',) c;"~ P.,) f'-..)