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Home My WebLink About04-4962SHARON N. SPEARS, Plaintiff VS. JAMES V. SPEARS, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW N0. py ?/9Ga IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the foregoing pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree in divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at: Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 SHARON N. SPEARS, Plaintiff VS. JAMES V. SPEARS, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 090. 9094.7, IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302 (d) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. SHARON N. SPEARS, Plaintiff VS. JAMES V. SPEARS, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. oy-y96.L IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes the above-named Plaintiff, SHARON N. SPEARS, by her attorney, Samuel L. Andes, and makes the following Complaint in Divorce: 1. The Plaintiff is SHARON N. SPEARS, an adult individual who currently resides at 1460 Ryland Drive in Mechanicsburg, Cumberland County, Pennsylvania. 2. The Defendant is JAMES V. SPEARS, JR., whose current address is 9218 May Day court in Columbia, Maryland 21045. 3. The Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on 21 September 1985 in Lutherville, Maryland. 5. There have been no prior actions of divorce or annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of marriage counseling and the Plaintiff may have the right to request that the Court require the parties to participate in counseling. 8. The Plaintiff requests this Court to enter a Decree in Divorce. WHEREFORE, Plaintiff requests this Court to enter a Decree in Divorce pursuant to the Divorce Code of Pennsylvania. Salni?el L. Andes Attorney for Plaintiff Supreme Court ID # 17225 525 North 12' Street Lemoyne, Pa 17043 (717) 761-5361 I verify that the statements made in this Complaint are true and correct. I understand that any false statements in this Complaint are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: SHARON N. PEARS r\ Ilk, ? W r, THE LAW OFFICES OF SHANE B. KOPE BY: SHANE B. KOPE, ESQ. ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkopeolcomcast.net Attorney for Plaintiff JAMES SPEARS : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PA vs. : NO. 04-4962 SHARON SPEARS, : CIVIL ACTION - LAW Defendant. : IN CUSTODY CUSTODY COMPLAINT 1. The Plaintiff is James Spears residing at 18254 Rolling Meadow Way, Olney, Maryland. 1 The Defendant is Sharon Spears currently residing at 1460 Ryland Drive, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff seeks visitation rights with the following children: NAME PRESENT RESIDENCE AGE Benjamin Spears 1460 Ryland Drive, 17 1/2 years Mechanicsburg, PA D.O.B. 8/16/88 Mitchell Spears 1460 Ryland Drive 15 years Mechanicsburg, PA D.O.B. 11/28/90 Madeleine Spears 1460 Ryland Drive 10'%years Mechanicsburg, PA D.O.B. 7/6/95 Samuel Spears 1460 Ryland Drive 6 '/2 years Mechanicsburg, PA D.O.B. 9/22/99 4. Benjamin, Mitchell, Madeleine and Samuel Spears (hereinafter "children") were born in wedlock. 5. The children are presently residing with the Defendant. 6. During the past five years, the children have resided with the following persons and at the following addresses: PERSONS ADDRESSES DATES Sharon Spears 1460 Ryland Drive, January 1, 2004 - Present Mechanicsburg, PA Sharon Spears 1460 Ryland Drive, 1992-December 31, 2003 James Spears Mechanicsburg, PA 7. The mother of the children is Sharon Spears, currently residing at 1460 Ryland Drive, Mechanicsburg, Cumberland County, Mechanicsburg Pennsylvania. She is married. 8. The father of the children is James Spears currently residing at 18254 Rolling Meadow Way, Olney, Maryland. He is married. 9. The relationship of Plaintiff to the children is that of Father. The Plaintiff currently resides with the following persons: NAME RELATIONSHIP Fanny Gabela Girlfriend Andrea Gabela Fanny's Daughter (minor) 10. The relationship of Defendant to the children is that of Mother. The Defendant is currently residing with the following person: NAME RELATIONSHIP Benjamin Spears Son Mitchell Spears Son Madeleine Spears Daughter Samuel Spears Son 10. Plaintiff has not participated as a party in previous litigation concerning the custody of the children. 11. Plaintiff does not know of a person not a party to the proceeding who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 12. Plaintiff is requesting visitation rights to the children as follows: a) Saturday overnights two weekends a month starting Saturday morning and continuing until Sunday evening. Times will be agreed upon by both parties b) Two vacation weeks a year as agreed upon by both parties. c) Shared transportation for the weekend visits to consist of each parent driving halfway between residences to pick up and drop off children. 13. The best interest and permanent welfare of the children will be served by the granting relief requested because: (a) The minor children's emotional and physical well-being will be continued if they maintain a loving and consistent relationship with the Plaintiff. (b) Plaintiff is able to provide a stable home and emotional environment for the children during the weekend and week long visits; and (d) Plaintiff has the facilities to provide for the care, comfort and control of the children, as well as the intention and desire to do so. 14. Each parent whose parental rights to the children have not been terminated and the persons who have physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff requests that this Honorable Court grant the following relief: (a) Award Plaintiff visitation rights to the children as outlined above. Respectfully Submitted, THE L F 7HANE. KOPE h By: B e, Esq. Dated: February 3, 2006 02101/2006 00:41 7177617672 KQPE LAW PAC£ 0a VERIFICATION I, James Spears, verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. 5. f 4904 relating to unworn falsification to authorities. Dated: Fe-brva.r y i, 200 6 110 3Cvd James Spa W Plaintiff/ a=?w 0 :?r ?00Z/7,0/70 C> ?- r ^' =r, - ?? ? .l ?i -' .._. ? ? •-- ? ? `'? 6' ? .- _ c ?, _c-- THE LAW OFFICES OF SHANE B. KOPE BY: SHANE B. KOPE, ESQ. ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope(&comcast. net SHARON SPEARS Plaintiff, vs. JAMES SPEARS, Defendant. Attorney for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 04-4962 CIVIL ACTION - LAW IN DIVORCE & CUSTODY PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Shane B. Kope, Esquire, 4660 Trindle Road, Suite 201, Camp Hill, Pennsylvania 17011, on behalf of the Defendant, James Spears, in connection with the above-captioned divorce and custody action. Respectfully Submitted, 1 . -Shane-a:-no?, Esquire ID# 92207 4660 Trindle Road Suite 201 Camp Hill, PA 17011 (717) 761-7573 Date: February 14, 2006 THE LAW OFFICES OF SHANE B. KOPE BY: SHANE B. KOPE, ESQ. ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope@)comcast.net Attorney for Defendant SHARON SPEARS : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PA vs. : NO. 04-4962 JAMES SPEARS, : CIVIL ACTION - LAW Defendant. : IN DIVORCE & CUSTODY CERTIFICATE OF SERVICE I, Shane B. Kope, do hereby certify that on this 14th day of February, 2006, I served a true and correct copy of the foregoing Praecipe to Enter Appearance via regular U.S. First Class mail, postage prepaid, addressed as follows: David Tamanini 4800 Linglestown Road Suite 309 Harrisburg, PA 17112 B. KOPE By: B. Kopf, Esq. I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 (Attorney for Defendant) JAMES SPEARS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. SHARON SPEARS DEFENDANT 04-4962 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, February 17, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. the conciliator, at MDJ Manlove's, 1901 State St. Camp Hill, PA 17011 on Friday, March 24, 2006 _ at 11:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, Melissa P. Greevy Esq. Custody Conciliator The Court of Compton Pleas of Cumberland County is required by law to comply with the Americans with Disabdites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 f 4 a pit ? . t THE LAW OFFICES OF SHANE B. KOPE BY: SHANE B. KOPE, ESQ. ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkopeocomcast.net Attorney for Defendant SHARON SPEARS : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PA vs. : NO. 04-4962 JAMES SPEARS, : CIVIL ACTION - LAW Defendant. : IN DIVORCE & CUSTODY CERTIFICATE OF SERVICE I, Shane B. Kope, do hereby certify that on this the 27th day of February, 2006, 1 served a true and correct copy of the foregoing Custody Complaint and Order via regular U.S. First Class mail, postage prepaid, addressed as follows: David Tamanini 4800 Linglestown Road Suite 309 Harrisburg, PA 17112 THE LAW OFFICES OF SHANE B. KOPE B. Kope,) Esq. I. D.-P2207' 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 (Attorney for Defendant) KOPE & ASSOCIATES BY: SHANE B. KOPE, ESQ. ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkoaeCo-)comcast.net SHARON SPEARS Plaintiff, vs. JAMES SPEARS, Defendant. Attorney for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA DOMESTIC RELATOINS SECTION PACSES NO. 580107953 DOCKET NO. A4- 4gloa, EXCEPTIONS TO THE SUPPORT MASTER'S REPORT AND RECOMMENDATION 1. The Master erred in finding that the Plaintiff has no earning based upon her psychological disorder and parenting responsibilities. 2. The Master erred in utilizing the nurturing parent doctrine to support his finding that the Plaintiff has no earning capacity. 3. The Master failed to give Defendant credit for direct support payments to the Plaintiff totaling $3669.33. Respectfully Submitted, KOPE By: ane B. Kope Dated: April 10, 2006 KOPE & ASSOCIATES BY: SHANE B. KOPE, ESQ. ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope(&comcast.net Attorney for Defendant SHARON SPEARS : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PA vs. : NO. 04-4962 JAMES SPEARS, : CIVIL ACTION - LAW Defendant. : IN DIVORCE & CUSTODY CERTIFICATE OF SERVICE I, Shane B. Kope, do hereby certify that on this the 10th day of April, 2006, 1 served a true and correct copy of the foregoing Exceptions to the Support Master's Report and Recommendation via regular U.S. First Class mail, postage prepaid, addressed as follows: David Tamanini 4800 Linglestown Road Suite 309 Harrisburg, PA 17112 KOPE & ASSOCIATES ane B.Kope, sq. I.D. 9 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 (Attorney for Defendant) JAMES SPEARS, Plaintiff V. SHARON SPEARS, y (APR t! 7 pp .BY- IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA NO. 04-4962 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY Defendant TEMPORARY ORDER OF COURT AND NOW, this J( l,L day of April, 2006, upon consideration of the attached Custody Conciliation Summary YReport, it is hereby ordered and directed as follows: 1. The parents, James Spears and Sharon Spears, shall have shared legal custody of the minor children, Benjamin Spears, born August 16, 1988; Mitchell Spears, born November 28, 1990; Madeleine Spears, born July 9, 1995; and Samuel Spears, born September 22, 1999. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational records, attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, IEP meetings, extracurricular activities, children's parties, musical presentations, back-to-school night, and the like. 2. Physical Custody. Mother shall have primary physical custody of the children subject to Father's rights of partial custody which shall be arranged as follows: A) Effective April 8, 2006, on alternating weekends from, Saturday:-yntil Sunday. Father will do the driving on Saturdaykrmprnings and lh, e? parties will meet halfway on Sundays. In the event thata Monday rwj'ur: ??,1 ciao - ; 1? .;C NO. 04-4962 CIVIL TERM holiday falls adjacent to Father's custodial weekend, Father's weekend shall be extended and the Sunday return time will occur at the same time on the Monday holiday. B) One time per month, Father will have custody of the children in the Harrisburg area, which weekends will be arranged by mutual agreement of the parties. Father will give not less than one week, but preferably two or more week's notice, of the week which he selects for the Harrisburg visit. C) Father will facilitate the opportunity for Fanny to meet with Rayni Anderson to discuss the parties' children's unique needs, especially in the time of this transition of the children beginning to have visits in Father's home. 3. Holidays. A) Commencing 2007, Father will make every effort to have the children for the Thanksgiving Holiday. Parents will cooperate if Father is unable to obtain more than one day off during the long weekend for this holiday period. B) For Christmas 2006, Mother will have custody from the time of school dismissal until December 26, 2006. Father will have custody from December 26, 2006 through noon on December 31, 2006. C) The parties will alternate the New Year's Eve/New Year's Day holiday. Mother will have New Year's Eve 2006 and New Year's Day 2007. Father will have custody New Year's Eve 2007 and New Year's Day 2008. The parties will continue to alternate the schedule in this fashion in subsequent years. D) The Easter holiday will be alternated, and shall be defined to include Good Friday and Easter Monday. In even-numbered years, Mother will have custody for the Easter holiday and odd-numbered years, Father will have custody for the Easter holiday. E) Mother will have custody of the children for Mother's Day weekend. Commencing Father's Day 2007, Father will have custody for Father's Day weekend. 4. Vacation. Each parent shall be entitled to two weeks of custody for purposes of summer vacation which may be consecutive or non-consecutive. In even-numbered 04-4962 CIVIL TERM years, Father will have first choice of the vacation weeks. In odd-numbered years, Mother will have first choice of vacation weeks. The parent with first choice of vacation weeks, shall notify the other parent at least eight (8) weeks prior to June 1St of each year. The parent with second choice should give at least four (4) weeks notice prior to June 1St of each year. All summer vacation plans should be, to the extent reasonably possible, arranged around the children's summer activities including therapeutic summer camp. 5. Father shall have custody of the children from Monday, July 10, 2006 through Friday, July 14, 2006, the weekend of July 1, 2006 and the weekend of July 22, 2006. 6. The Custody Conciliation Conference shall reconvene on June 23, 2006 at 8:30 a.m. at the office of the Custody Conciliator, Melissa Peel Greevy, Esquire, 1901 State Street, Camp Hill, PA 17011. Dist Suit/201, Camp Hill, PA 17011 KavlndeF. B. Kope, Esquire, 4660 Trindle Road, 00 Tamanini, Esquire, 4800 Linglestown Road, Suite 309, Harrisburg, PA 17113 00 J V 0,11,0 RY THE COURT JAMES SPEARS, Plaintiff V. SHARON SPEARS, IN CUSTODY Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: ^FR X17 mb/ f,y __?. ' - -- Y _? IN THE COURT OF CO f 13MVLI liS F CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-4962 CIVIL TERM CIVIL ACTION - LAW 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Benjamin Spears Mitchell Spears Madeleine Spears Samuel Spears August 16, 1988 November 28, 1990 July 9, 1995 September 22, 1999 Mother Mother Mother Mother 2. Father filed a Complaint in Custody to the Divorce docket on or about February 7, 2006. The parties have been separated since December 31, 2003. The Custody Conciliation Conference was scheduled for March 24, 2006. Attending the conference were: the Father, James Spears, and his counsel, Shane B. Kope, Esquire; the Mother, Sharon Spears, and her counsel, David Tamanini, Esquire. The parties reached an agreement as to a Temporary Order which agreement also included a return to the Custody Conciliation Conference in approximately three months to assess how the plan is working for the children. Counsel in this matter were exceedingly patient and demonstrated high levels of civility and professionalism in a difficult circumstance. 3. The Conciliator notes that the parties' children have various challenges and all are receiving individualized educational plans in their local school district. It is understood that the children are challenged by autism spectrum disorders, among other challenges which require intensive mental health care, wrap-around services, and in-home care. Some of the children also are challenged by expressive language impairments. Accordingly, the Custody Conciliator strongly recommends that adults who are likely to have significant present and continuing contact in the children's lives, take advantage of the opportunity to meet with Rayni Anderson of Northwestern Human Services Program as it is understood NO. 04-4962 CIVIL TERM that Ms. Anderson is willing to meet with thi and that she has extended this opportunity to -1 Dat adults regarding the children's unique needs include weekend tings. Q Melissa Peel Greevy, Esquire Custody Conciliator :272551 KOPE & ASSOCIATES BY: SHANE B. KOPE, ESQ. ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkopeftomcast.net Attorney for Defendant SHARON SPEARS : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PA vs. : NO. 04-4962 JAMES V SPEARS, JR. : CIVIL ACTION - LAW Defendant. : IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301 (c) of the Divorce Code was filed on October 1, 2004. 2. The Complaint was served on Defendant by letter dated October 4, 2004. 3. The marriage of plaintiff and defendant is irretrievably broken and at least ninety (90) days have elapsed from the date of filing and service of the complaint. 4. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Date: l-!11 es?7V. Spears, . CJL-5 _L ? _J Social Security Number KOPE & ASSOCIATES BY: SHANE B. KOPE, ESQ. ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkopeAcomcast. net SHARON SPEARS Plaintiff, vs. JAMES V SPEARS, JR. Defendant. Attorney for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 04-4962 CIVIL ACTION - LAW IN DIVORCE & CUSTODY WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Date: r AA )! rt J es V. Spears, Jr. r 02 5 -5y -t412?7 Social Security Number I 4 An JAMES SI V. SHARON RECEIV ED 1UL 1 I ?M5 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 04-4962 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY Defendant TEMPORARY ORDER OF COURT Custody 1 follows: NOW, this V? I-L _ day of July, 2006, upon consideration of the attached ciliation Summary Report, it is hereby ordered and directed as follows: Paragraph 2 of this Court's Order of April I/ , 2006, shall be modified as A. Father shall have custody of Benjamin and Madeleine from July 15, 2006 through July 30, 2006. B. Father shall have custody of all of the children for the weekend of July 22, 2006, which shall be a "short" custodial weekend. For purposes of this Order, a "short" custodial weekend shall be from 9:00 a.m. on Saturday until 7:00 p.m. on Sunday. Short custodial weekends shall occur one time per month. With regard to transportation for "short" weekends, the parties will meet half-way at the Thurmont McDonald's. C. Father shall have custody of all four children from July 9, 2006 through July 15, 2006. For this period of custody, the custodial exchanges shall occur at 7:00 p.m. at the Thurmont McDonald's. D. Father will have custody of all four children for the weekend of July 28, 2006 for a "regular' custodial weekend. For purposes of this Order, a "regular' custodial weekend shall commence at 7:00 p. m. on Friday when Mother delivers the children to Father and continue until 7:00 p.m. on Sunday when Father returns the children to Mother. Father shall have a "regular" custodial weekend one time per month. E. Father shall have custody for a "short" custodial weekend commencing on August 19, 2006. Father shall have custody for Labor Day weekend, commencing at 7:00 p.m. on September 1, 2006 through 7:00 p.m, on September 3, 2006, a "regular' custodial weekend. 'Y 1 I F. Father shall have custody for a "regular' custodial weekend September 16, 2006. G. Father shall have custody of the children from Friday until Monday for the weekend of October 6, 2006 through October 9, 2006. This custodial weekend shall begin at 7:00 p.m. on Friday. 2. The parties will consult with the School District calendar regarding Monday holidays for the upcoming school year, and shall trade and adjust the weekend schedule as needed w th a view of alternating the Monday holiday weekends between each other. 3. For 2007, the parties will consult within thirty (30) days after the initial publication of the following school year calendar in order to arrange the custodial schedule in a fashi n consistent with the terms delineated above. BY THE COURT: (/(/ c, d J. Dist: She a B. Kope, Esquire, 4660 Trindle Road, Suite 201, Camp Hill, PA 17011 y,0 L Dav d F. Tamanini, Esquire, 4800 Linglestown Road, Suite 309, Harrisburg, PA 17113?*' JAMES SPEARS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-4962 CIVIL TERM V. SHARW Defendant CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN } 1915.3-8, 1 litigation :ORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE undersigned Custody Conciliator submits the following report: The pertinent information concerning the child who is the subject of this as follows: DATE OF BIRTH Benjamin Mitchell 5 Samuel >pears August 16, 1988 ears November 28, 1990 Spears July 9, 1995 ears September 22, 1999 CURRENTLY IN THE CUSTODY OF Mother Mother Mother Mother 2. The parties returned for a follow-up Custody Conciliation Conference on June 30, 2006, as was contemplated following the original Conference on March 24, 2006. Attending the Conference were: the Father, James Spears, and his counsel, Shane B. Kope, Es uire; the Mother, Sharon Spears, and her counsel, David Tamaninni, Esquire. T 3. l The parties reached an agreement in the form of Order as attached. Melissa Peel Greevy, quire Custody Conciliator :278820 KOPE & ASSOCIATES, LLC BY: SHANE B. KOPE, ESQ. ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope -kopelaw.com SHARON SPEARS Plaintiff, vs. JAMES SPEARS, Defendant. Attorney for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 04-4962 CIVIL ACTION - LAW IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Defendant, JAMES SPEARS, moves this court to appoint a Master with respect to the following claims: Equitable Distribution of Marital Property and in support of his motion states: 1. Discovery is complete as to the claims for which the appointment of a Master is requested. 2. Plaintiff, Sharon Spears, is represented by counsel in this action. Her counsel is David F. Tamanini of Tamanini Law Office, 4800 Linglestown Road, Harrisburg, PA 17112. 3. The statutory grounds for divorce in this matter are those set forth in section 3301 (C) of the Divorce Code. 4. The action is contested with respect to Defendant's claims for equitable distribution of the parties' marital property. 41. 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take one (1) day. WHEREFORE, Defendant, James Spears, respectfully requests that the court appoint a master with respect to his claim for Equitable Distribution of Marital Property. Respectfully Submitted, KOPE & ASSOCIATES, LLC Shane B. Ko e, Esquire Attorney efendant Dated: I&// F/L om? .-'10/16/2006 12:28 3014022147 MCSB PAGE 09 VERIFICATION I, James Spears, the Defendant in this matter, have read the foregoing Motion for Appointment of a Master. I verify that my averments in this Motion are true and correct and based upon my personal knowledge. I understand that any false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsifications to authorities. Dated: !O f ? Z2 00 J es Spears r CERTIFICATE OF SERVICE I, Shane B. Kope, Esquire do hereby certify that on this 16th day of October, KOPE & ASSOCIATES, LLC BY: SHANE B. KOPE, ESQ. ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope(&-kopelaw.com Attorney for Defendant SHARON SPEARS : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PA vs. : NO. 04-4962 JAMES SPEARS, : CIVIL ACTION - LAW Defendant. : IN DIVORCE 2006, 1 served a true and correct copy of the foregoing Motion to Appoint a Master via regular U.S. First Class mail, postage prepaid, addressed as follows: David F. Tamanini, Esquire Tamanini Law Office 4800 Linglestown Road Harrisburg, PA 17112 KOPE & ASSOCIATES, LLC By: S ane B. Kopy, Esq. I.D. 207- 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 " r; ; l yy .J `l 4 OCT 2 4 2008 KOPE & ASSOCIATES, LLC BY: SHANE B. KOPE, ESQ. ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope(a kopelaw.com SHARON SPEARS Plaintiff, vs. JAMES SPEARS, Defendant. Attorney for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 04-4962 CIVIL ACTION - LAW IN DIVORCE ORDER AND NOW, this z Y ` day of O&h i1" 2006, -Yea 6w'' 611& fcv Z: , Esquire, is appointed mater with respect to the following claims: Equitable Distribution. By the Court: 0 A? 0•Oti° VINN 1A J1 `dl ]d ,U.NInI O", tY o q0 -h Wd ?z 130 9901 3Hi JO Y KOPE & ASSOCIATES, LLC BY: SHANE B. KOPE, ESQ. ATTORNEY I.D. 92207, 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope ? kopelaw.com SHARON SPEARS Plaintiff, vs. JAMES SPEARS, Defendant. Attorney for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 04-4962 CIVIL ACTION - LAW IN DIVORCE INCOME AND EXPENSE STATEMENT OF JAMES SPEARS PART I. INCOME A. EMPLOYMENT INFORMATION EMPLOYER NATIONAL INSTITUTES OF HEALTH. ADDRESS 900 ROCKVILLE PIKE, BETHESDA, MD 20892 POSITION MANAGEMENT PAY PERIOD BI-WEEKLY V B. EMPLOYMENT INCOME: DESCRIPTION HUSBAND Monthly WIFE Gross Pa Per Pa Period $3,459.20 FICA $0.00 Medicare $48.20 Federal Tax $487.09 State Tax $228.76 Local Tax $0.00 PA Unemployment Mandator Retirement $242.14 SUBTOTAL Dependant Life Enhanced Medical $135.59 Pre Tax Dental Pre Tax Vision Supplemental Life $16.95 Group Term Life Charity $9.00 NET INCOME PER PAY PERIOD NET PAY PER MONTH $2,291.47 r C. EXPENSES: r DESCRIPTION HUSBAND WIFE Automobile Insurance $137.00 Accident Insurance Health Insurance Prescription Benefit AUTOMOBILE EXPENSES Payments $101.00 Fuel $100.00 Maintenance and Repair $100.00 License and Registration $3.08 MEDICAL EXPENSES NOT REIMBURSED BY INSURANCE Doctor $30.00 Optical $16.67 lasses Dental $10.00 Orthodontic Hospital Medicine Special Needs/Therapy $120.00 (counseling) . EDUCATIONAL EXPENSES Private School Parochial School College/Vocational Religious Training or Education DESCRIPTION HUSBAND WIFE PERSSONAL EXPENSES Clothing $250.00 Food $250.00 Barber/Hairdresser $40.00 Memberships $30.00 Credit Card $560.00 MISCELLANEOUS EXPENSES Household Help Child Care Newspaper/Magazine/Books Entertainment $150.00 Pa TV $20.00 Vacations $41.67 Gifts $41.67 Le al Fees $300.00 Charitable Contributions $20.00 Daughter's Dance Lessons Other Spousal Support Other Laundry TOTAL EXPENSES $3,580.09 0/16/2006 12:28 3014022147 MCSB PAGE 07 VERIFICATION I, James Spears, the Defendant in this matter, have read the foregoing Income and Expense Statement. I verify that my statements are true and correct and based upon my personal knowledge. I understand that any false statements herein are made subject to the penalties of 18 Pa. C_S. 4904 relating to unswom falsifications to authorities. Dated: O /? d Ja Spears David F. Tamanini, Esquire Attorney I.D. No. 27775 TAMANINI LAW OFFICE Telephone (717) 541-1805 4800 LINGLESTOWN ROAD, SUITE 309 dit@TamaniniLaw.com HARRISBURG, PENNSYLVANIA 17112-9507 Attorney for Plaintiff, Sharon Spears SHARON N. SPEARS Plaintiff V. JAMES V. SPEARS, JR. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-4962 CV CIVIL ACTION - LAW IN DIVORCE COUNTS FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY, ALIMONY PENDENTE LITE, COUNSEL FEES, COSTS AND EXPENSES, AND ALIMONY 1. The Plaintiff filed of record a Complaint in Divorce. COUNT II - EQUITABLE DISTRIBUTION OF PROPERTY 2. The Plaintiff incorporates by reference Paragraphs 1 through 8 of the Complaint as though more fully set forth herein. 3. The parties own marital property as that term is defined in Section 3501 of the Divorce Code. WHEREFORE, pursuant to Section 3502 of the Divorce Code, Plaintiff requests this Honorable Court to equitably divide, distribute or assign the marital property between the parties, and pursuant to Section 3505 of the Divorce Code, Plaintiff requests this Honorable Court to enjoin the Defendant from conveying any asset or assets with a fair market value of five hundred dollars ($500.00) or more during the pendency of this action. COUNT III -COUNSEL FEES. COSTS AND EXPENSES 4. The Plaintiff incorporates by reference Paragraphs 1 through 8 of the Complaint and 1 through 3 of this pleading, as though fully set forth herein. 5. Plaintiff has retained the services of David F. Tamanini, Esquire, and the counsel fees, costs and expenses for representation in this action are and will be substantial and continuing. 6. The Plaintiff is without such sufficient funds, income or assets to pay such counsel fees, costs and expenses. 7. Defendant is currently paying spousal support for the Plaintiff. 8. The Plaintiff is without such sufficient funds to provide for her reasonable needs and is unable to support herself through employment. 9. The Plaintiff may need to retain the services of an appraiser and other experts with regards to this action. WHEREFORE, Plaintiff prays that this Honorable Court enter an award for counsel fees, costs and expenses. COUNT IV - ALIMONY 10. The Plaintiff incorporates by reference Paragraphs 1 through 8 of the Complaint and Paragraphs 1 through 10 of this pleading, as though fully set forth herein. 11. Plaintiff lacks sufficient assets to provide for her reasonable needs and is unable to support herself through employment. 2 12. Defendant has sufficient assets and income to provide continuing support for Plaintiff. WHEREFORE, Plaintiff requests that this Honorable Court to enter an Order granting alimony. Respectfully submitted, TAMANINI LAW OFFICE Dated: f ?-2.3 -- ?- 006 David F. Tamanini, Esquire Attorney ID No. 27775 4800 Linglestown Road, Suite 309 Harrisburg, PA 17112 (717) 541-1805 Attorney for Plaintiff, Sharon Spears 3 VERIFICATION I verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: I 0 - 0 < SHARON N. SPEAR SHARON N. SPEARS IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2004-4962 CV JAMES V. SPEARS, JR. CIVIL ACTION - LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE I, David F. Tamanini, Esquire, attorney for the Plaintiff, hereby certify that I, on this day served a copy of the foregoing document on the following person at the address below by first class mail, postage prepaid: Shane B. Kope, Esquire KOPE & ASSOCIATES 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 Respectfully, Dated: /0 2,-"- 2- 0 U6 TAMANINI LAW OFFICE avid F. Tam ini, Esquire Attorney ID No. 27775 4800 Linglestown Road, Suite 309 Harrisburg, PA 17112 (717) 541-1805 Attorney for Plaintiff, Sharon Spears "b . d C Y ,' jr 4::,.y p P? . 7 f?) c-? Vr+ 14 M r. a a David F. Tamanini, Esquire Telephone (717) 541-1805 Attorney I.D. No. 27775 dft@TamaniniLaw.com TAMANINI LAW OFFICE Attorney for Plaintiff, Sharon N. Spears 4800 LINGLESTOWN ROAD, SUITE 309 HARRISBURG, PENNSYLVANIA 17112-9507 SHARON N. SPEARS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. JAMES V. SPEARS, JR., Defendant NO. 2004-4962 CV CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S MOTION FOR PROTECTIVE ORDER AND MOTION IN LIMINE Sharon N. Spears, Plaintiff, by and through her attorney, David F. Tamanini, Esquire, files the following request for a protective order and issue preclusion based on res judicata and/or collateral estoppel. 1. The above-captioned matter has been assigned to Divorce Master E. Robert Elicker, II. 2. The master's appointment was sought by Defendant, and discovery was certified closed by the Defendant on April 19, 2007. (See attached Certification, marked Exhibit 1.) 3. The Divorce Master set a date for hearing expert testimony for October 1, 2007, and for other issues on November 15, 2007. (See attached Orders, marked Exhibit 2.) 4. The expert hearing was necessitated by an alimony claim and an earning capacity defense by Defendant. I r 5. On September 28, 2007, Defendant requested a continuance of the October 1 st hearing, with objection by Plaintiff to the continuance. 6. The Divorce Master granted a continuance of the expert testimony hearing to November 15, 2007. 7. Plaintiff requested a 3-party phone conference among the parties and the Divorce Master which was held on October 12, 2007. 8. During the phone conference, the Plaintiff objected to the Defendant's request to have the Plaintiff evaluated by Defendant's experts (Melinda Eash of Riegler Shienvold Associates for the children and parents, as well as by a separate vocational counselor and evaluation plus psychological testing by Kasey Shienvold, Psy.D.) on the grounds that discovery was closed and the evaluations requested should have been obtained while discovery was available. 9. The Defendant's requested evaluations and possibly testing of both the children and Plaintiff are related to the contra position of the Defendant on the Plaintiffs alimony request. Evidence on these issues is barred by res judicata and/or collateral estoppel. Please see below. 10. The Defendant seeks to disprove autism spectrum disorders of the children and the Plaintiffs mental health issues with his expert testimony. 11. During the phone conference, it became apparent that the Defendant had never requested expert interrogatories under Pa.R.C.P. 4001 et seq. from the Plaintiff. 12. The Divorce Master required that the Plaintiff, who intended to present evidence from the children's pediatrician, the Director of the special education programs at Cumberland Valley School District regarding programs for the children at school, the Director of Behavioral Health Rehabilitation Services at Stevens Mental Health Center 2 I `% (regarding the children's in-home services) and the mental health counselor of the Plaintiff, all must now provide expert reports, over the objection of Plaintiff. 13. The Plaintiff and Defendant had identified to each other the expert witnesses they were going to call, long before the October 1 hearing date. 14. The matters being inquired into by the Defendant through his experts, if permitted would lead to inadmissible testimony under the legal doctrines and principles of res judicata and/or collateral estoppel as these matters and issues had been decided after a full record hearing before Support Master Michael R. Rundle, Esq., on Plaintiffs entitlement to spousal support and her earning capacity. (See attached Order and Report and Recommendation dated March 29, 2006, to which exceptions were filed by the Defendant, but subsequently withdrawn, marked Exhibit 3) 15. Discovery should not have been opened and evaluations should have been denied by the Divorce Master, and therefore the court should prohibit the Defendant from obtaining and using any evaluations of the children and Mrs. Spears. 16. The requirement of providing written reports by Plaintiffs experts, when no expert interrogatories were sent, and discovery was certified closed by the Defendant should be overruled, and Plaintiff should be relieved of the responsibility of obtaining reports. 17. The Defendant's counsel was provided a full text copy of these motions prior to filing via fax. It is anticipated that he will object to all aspects of these motions. 18. The Defendant has indicated that he will continue the evaluations of the children until ordered to cease by the court. WHEREFORE, the Plaintiff requests this Honorable Court to enter an order granting the Plaintiff relief from submitting herself for evaluation by Defendant's experts, 3 A prohibiting the presentation of expert testimony on the grounds of res judicata and/or collateral estoppel, relieving Plaintiff of the obligation to provide expert reports, and suspending further testing or evaluations of the children of the marriage until notice by the Court's disposition of these motions. U 1i- t?7 Dated: 10-1i- Respectfully submitted, Respectfully TAMANINI LAW OFFICE David F. m nini, Esquire Attorney ID No. 27775 4800 Linglestown Road, Suite 309 Harrisburg, PA 17112 (717) 541-1805 Attorney for Plaintiff 4 I VERIFICATION I verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: do (5-1 SHARON N. SPEARS I SHARON N. SPEARS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2004-4962 CV JAMES V. SPEARS, JR., CIVIL ACTION - LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Marie K. Zeigler, Assistant to David F. Tamanini, Esquire, hereby certify that on this day I served a true and correct copy of the foregoing document on the following persons at the addresses below by first-class mail, postage prepaid: Shane B. Kope, Esquire KOPE & ASSOCIATES LAW OFFICES, LLC 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 E. Robert Elicker, II, Esq., Divorce Master Office of the Divorce Master Cumberland County Court of Common Pleas 9 North Hanover Street Carlisle, PA 17013 Dated: TAMANINI LAW OFFICE Marie K. ZeigleruAsp(sta to David F. Tamanini, Es ire Attorney ID No. 27775 4800 Linglestown Road, Suite 309 Harrisburg, PA 17112 (717) 541-1805 /? KOPE & ASSOCIATES, LLC BY: SHANE B. KOPE, ESQ. ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope(ab-kopelaw.com SHARON SPEARS Plaintiff, vs. JAMES SPEARS, Defendant. Attorney for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA : NO. 04-4962 CIVIL ACTION - LAW IN DIVORCE Certification [ X ] I certify that discovery is complete as to the claims for which the Master has been appointed. Supplemental Discovery has been sent to Attorney for Plaintiff as requested on April 18, 2007. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. V Z16 11 D'at jCounsel for Plain ) unsel for Defenda t NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. j , r IN THE COURT OF COMMON PLEAS OF SHARON SPEARS CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW NO. 04 - 4962 JAMES SPEARS IN DIVORCE ORDER AND NOTICE SETTING HEARING TO: Sharon Spears , Plaintiff David F. Tamanini James Spears , Counsel for Plaintiff , Defendant Shane B. Kope , Counsel for Defendant, You are directed to appear for a hearing to take testi ony on the outstanding issues in the above captioned divorce proceedings at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 1 St day of October 2007 at 9:00 a.m., at which place and time you will be given the opportunity to present witnesses and exhibits in support of your case. By the Court, C,', Edgar B. Bayley, Presllit Jud Date of Order and Notice: 7/20/07 By: Divorce Master IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET, CARLISLE, PA 17013 * TELEPHONE (717 249-3166 STIMONY WILL BE LIMITED TO THEEXPERT'S TESTIMONY. 4-010-0 a, 0 2-- I f • IN THE COURT OF COMMON PLEAS OF SHARON SPEARS : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW NO. 04 - 4962 JAMES SPEARS IN DIVORCE ORDER AND NOTICE SETTING HEARING Sharon Spears TO: David F. Tamanini James Spears Shane B. Kope You are directed to appear for a hearing to take testimony on the outstanding issues in the above captioned divorce proceedings at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 15th day of November 2007 at 9:00 , Plaintiff , Counsel for Plaintiff , Defendant , Counsel for Defendant a.m., at which place and time you will be given the opportunity to present witnesses and exhibits in support of your case. By the Court, ,. 1 Edgar B. Bayley, Presidet e Date of Order and Notice: 7/20/07 By: Divorce Master IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET, CARLISLE, PA 17013 TELEPHONE (717) 249-3166 I t -3 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION 13 N. HANOVER Sr, P.O. BOX 320, CARLISLE, PA. 17013 Phone: (717) 240-6225 MARCH 29, 2006 DAVID TAMANINI STE 309 4800 LINGLESTOWN RD HARRISBURG PA 17112-9507 Distribution Cover Letter Fax: (717) 240-6248 Plaintiff Name: SHARON N. SPEARS Defendant Name: NAMES v. SPEARS JR PACSES Case Number: 580107953 Please note: All correspondence must include the PACSES Case Number. Dear DAVID TAMANINI Please note the attached document and/or correspondence. This information is being sent to update you on the above captioned case. Sincerely, TODD A. MOUL ?144'3 Service Type M Form CM-520 Worker ID 21302 A - . SHARON N. SPEARS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION JAMES V. SPEARS, JR., PACSES NO. 580107953 Defendant DOCKET NO. 25 SUPPORT 2006 INTERIM ORDER OF COURT AND NOW, this )a!? day of March, 2006, upon consideration of the Support Master's Report and Recommendation, a copy of which is attached hereto as Exhibit "A". it is ordered and decreed as follows: A. For the period of January 10, 2006 through January 26, 2006, the Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit as support for his children, Benjamin J. Spears, born August 16, 1988, Mitchell B. Spears, born November 28, 1990, Madeleine R. Spears, born July 6, 1995, and Samuel R. Spears, born September 22, 1999, the sum of $1,599.00 per month. B. For the period of January 10, 2006 through January 26, 2006, the Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit as spousal support the sum of $1,175.00 per month. C. Effective January 27, 2006, the Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit as support for said children the sum of $1,531.00 per month. D. Effective January 27, 2006, the Defendant shall pay to the Pennsylvania State Collection and Disbursement Unitas spousal supportsum ial „$1,209.00 per month. E. The Defendant shall provide health insurance coverage for gene of said children and his wife as provided through his employmj??r other group coverage at a reasonable cost. z Dr,, -4o F. The Defendant shall pay the unreimbursed medical expenses to in&Wde psychiatric and psychological expenses incurred by his wife and sad children as that term is defined in Pa. R.C.P. 1910.16-6(c); provided, however, that an annual limitation on psychiatric and psychological expenses paid by the Defendant is set at $1,000.00. G. Effective with tax year 2005 the Defendant shall be entitled to claim said children as dependency exemptions for federal income tax purposes, and i ' ` S the Plaintiff shall execute and deliver to him any and all documentation required by the Internal Revenue Code to effectuate said exemptions. IMPORTANT LEGAL NOTICE PARTIES MUST WITHIN SEVEN DAYS INFORM THE DOMESTIC RELATIONS SECTION AND THE OTHER PARTIES, IN WRITING, OF ANY MATERIAL CHANGE IN CIRCUMSTANCES RELEVANT TO THE LEVEL OF SUPPORT OR THE ADMINISTRATION OF THE SUPPORT ORDER, INCLUDING, BUT NOT LIMITED TO, LOSS OR CHANGE OF INCOME OR EMPLOYMENT AND CHANGE OF PERSONAL ADDRESS OR CHANGE OF ADDRESS OF ANY CHILD RECEIVING SUPPORT. A PARTY WHO WILLFULLY FAILS TO REPORT A MATERIAL CHANGE IN CIRCUMSTANCES MAY BE ADJUDGED IN CONTEMPT OF COURT AND MAY BE FINED OR IMPRISONED. PENNSYLVANIA LAW PROVIDES THAT ALL SUPPORT ORDERS SHALL BE REVIEWED AT LEAST THREE (3) YEARS IF SUCH A REVIEW IS REQUESTED BY ONE OF THE PARTIES. A MANDATORY INCOME ATTACHMENT WILL ISSUE UNLESS THE DEFENDANT IS NOT IN ARREARS IN PAYMENT IN AN AMOUNT EQUAL TO OR GREATER THAN ONE MONTH'S SUPPORT OBLIGATION AND (1) THE COURT FINDS THAT THERE IS GOOD CAUSE NOT TO REQUIRE IMMEDIATE INCOME WITHHOLDING; OR (2) A WRITTEN AGREEMENT IS REACHED BETWEEN THE PARTIES WHICH PROVIDES FOR AN ALTERNATE ARRANGEMENT. DELINQUENT ARREARAGE BALANCES MAY BE REPORTED TO CREDIT AGENCIES. ON AND AFTER THE DATE IT IS DUE, EACH UNPAID SUPPORT PAYMENT SHALL CONSTITUTE A JUDGMENT AGAINST YOU. IT IS FURTHER ORDERED THAT, UPON PAYOR'S FAILURE TO COMPLY WITH THIS ORDER, PAYOR MAY BE ARRESTED AND BROUGHT BEFORE THE COURT FOR A CONTEMPT HEARING; PAYOR'S WAGES, SALARY, COMMISSION, AND/OR INCOME MAY BE ATTACHED IN ACCORDANCE WITH LAW. The parties are hereby advised that they may file written exceptions to the Support Masters Report and Recommendation within ten (10) days of this order. Exceptions shall conform with the requirements of Rule 1910.12(f), Pa. R.C.P. If written exceptions are filed by any party, the other party may file exceptions lift within ten (10) days of the date of service of the original exceptions. If no exceptions are filed within ten (10) days of this interim order, this order shall then constitute a final order. Cc: Sharon N. Spears James V. Spears, Jr. David F. Tamanini, Esquire For the Plaintiff Shane B. Kope, Esquire For the Defendant DRO By the Court, . 1 ..d SHARON N. SPEARS, Plaintiff V. JAMES V. SPEARS, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : DOMESTIC RELATIONS SECTION PACSES NO. 580107953 DOCKET NO. 25 SUPPORT 2006 SUPPORT MASTER'S REPORT AND RECOMMENDATION Following a hearing held before the undersigned Support Master on March 22, 2006, the following report and recommendation are made: FINDINGS OF FACT 1. The Plai tiff is Sharon N. Spears, who resides at 1460 Ryland Drive, Mechani sburg, Pennsylvania. 2. The Defendant is James V. Spears, Jr., who resides at 18254 Rolling Meadow Way, Olney, Maryland. 3. The parties were married on September 21, 1985, but currently live separate and apa 4. The parti s are the parents of four (4) minor children, Benjamin J. Spears, born Au ust 16, 1988, Mitchell B. Spears, born November 28, 1990, Madelei a R. Spears, born July 6, 1995, and Samuel R. Spears, born Septem er 22, 1999, all of whom reside with the Plaintiff. 5. On January 10, 2006, the Plaintiff filed a complaint for spousal support and child support. CD co 0 6. The Plaintiff is not gainfully employed outside the home. rn A ?? gym, 7. The Plaintiff was last employed in early November, 2005 part9C"§ by tCP Central Pa., a non-profit agency. °?° CP:7 -0 D n =>-r" 8. The Plaintiff was hired on February 28, 2005, to work a flexib 5 hoLW bi-weekly schedule at $9.15 per hour performing family servic66., 9. The Plaintiff was involuntarily terminated on November 3, 2005, for her failure to work the required number of hours. 10. Ali of the children are neurologically handicapped, each suffering from some degree of autism. EXHIBIT "A" 11. The oldest child, Benjamin, has been diagnosed as suffering from oppositional defiance disorder and undergoes counseling. 12. The Plaintiff has been diagnosed as suffering from anxiety, depression, and most recently attention deficit/hyperactivity disorder. 13. The Plaintiff takes prescribed medication for her condition and undergoes counseling on a weekly basis. 14. The children receive behavioral health and rehabilitative services from NHS Human Services. 15. The three younger children have one-to-one interventions with case workers from NHS on a daily basis, Monday through Friday, generally from 3:00 p.m. to 7:00 p.m. 16. The Plaintiff's presence is required for the intervention services. 17. The children are generally being treated for aggression issues and tantrum behavior. 18. The children require supervision to prepare for their school day. 19.The last child leaves the home for school at 8:10 a.m. 20. The first child gets home from school at 3:10 p.m. 21.The Plaintiff must periodically participate in IEP (Individual Educational Plan) meetings with teachers and psychiatric appointments for the children. 22. The Plaintiff s frequent absenteeism at work was due to child-related issues. 23. The. Plaintiff desires to remain available for the children in lieu of obtaining employment. 24. The Defendant is employed by the National Institute of Health in Bethesda, Maryland. 25. The Defendant has gross monthly income of $7,280.00. 26. The Defendant has a mandatory retirement contribution of $235.20 bi-weekly. 27.The Defendant pays $135.69 bi-weekly for health insurance coverage on the family. 2 28. The Defendant's tax filing status is married/separate. 29. The Plaintiff resides in the marital residence with mortgage payments, including taxes and insurance, of $1,240.00 per month. 30. The Defendant has made direct payments to the Plaintiff totaling $3,669.33 since the filing of the complaint. 31. The Defendant resides in Maryland with his girlfriend and her daughter. 32. The Defendant's girlfriend shares common living expenses with him. DISCUSSION The Defendant has not contested liability to pay spousal support. This case is a guideline support case for children and spouse. Both parents must contribute to the support of their children in accordance with their relative incomes and ability to pay. Depp v. Holland, 636 A.2d 204 (Pa. Super. 1994). In determining a parent's ability to support his or her children, the focus is on earning capacity, not on actual earnings. Mooney v. Doutt, 766 A.2d 1271 (Pa. Super. 2001). A parent's earning capacity is that amount he or she can realistically be expected to earn under the circumstances considering his or her age, health, physical and mental condition and training. Riley v. Foley, 783 A.2d 807 (Pa. Super. 2001). An exception to this general rule, however, is the "nurturing parent doctrine" which provides that a parent who remains at home to care for minor children will be excused from working to his or her earning capacity. Hesidenz v. Carbin, 512 A.2d 707 (Pa. Super. 1986). The court must balance such factors as the age and maturity of the children, the availability of others who might assist the parent, and the adequacy of the available financial resources if the parent chooses not to be employed. Doherty v. Doherty, 859 A.2d 811 (Pa. Super. 2004). Generally the "nurturing parent doctrine" is applied in cases of pre-school aged children. Samii v. Samii, 847 A.2d 691 (Pa. Super. 2004). However, in the present case the four children attend school, but clearly are not what may be considered normal school-aged children. All suffer from neurological disorders related to autism. The Plaintiffs presence in the home until all are off to school is required to provide adequate supervision. The Plaintiffs presence in the home is required after school when the children are involved in intervention provided by case workers from NHS Human Services. Full-time employment is clearly out of the question. The Plaintiff does have some hours after the children get on the school bus until they return from school to engage in part-time employment. She did, in fact, make a good faith effort at doing so in 2005 when she obtained employment with a non-profit agency. She was permitted to work a flexible 45 hour bi-weekly schedule. However, because of requirements to attend to such functions as the children's psychiatric appointments, IEP meetings, and routine sicknesses, she was 4 ) ) unable to work the required number of hours and was involuntarily terminated. The Plaintiff herself has been diagnosed as suffering from anxiety, depression and most recently attention deficit/hyperactivity disorder. She is undergoing counseling and is taking prescribed medication for her condition. Her counselor opined that because of her condition she is unable to perform either full-time or part-time employment. Taking all things into consideration, particularly the rigors of parenting four children with special needs while herself suffering from a psychological disorder, no earning capacity will be imputed to the Plaintiff. The Defendant has gross monthly income of $7,280.00. Filing his federal income tax return as married/separate and claiming the four children as dependency exemptions, he has net monthly income for support purposes of $4,474.00.' With combined net monthly income of $4,474.00, the basic requirement for support for four children on the date of filing the complaint was $1,599.00.2 This is the Defendant's support obligation for the four children. His spousal support obligation is $862.00 per month.3 An adjustment for the mortgages on the marital home increases the monthly support obligation by $312.00.4 This will be added to the spousal support obligation. The Defendant's total monthly support obligation effective January 10, 2006 is $2,774.00.5 This is reduced to $2,740.00 effective January 27, 2006 because of amendments to the guidelines.s All of the children are treated by a psychologist, Doctor Morales, and Benjamin receives counseling by Edward Horan for oppositional defiance disorder. Expenses for these services shall be included as medical expenses under Pa. R.C.P. 1910.16-6(c). The court may require an obligor to pay a designated percentage of a spouse's reasonable and necessary health care expenses in addition to the regular periodic support payments. Psychiatric and psychological expenses, however, are not generally included as medical expenses unless specifically found to be so by the court .8 The Plaintiff is undergoing weekly counseling by a pastoral counselor. She was undergoing counseling well before the break-up of the marriage. A recommendation is made that the counseling expenses of both the children and the Plaintiff be included as medical expenses. An annual limitation may be imposed, however, on the obligor's payment of unreimbursed medical expenses when the ' See Exhibit "A" for the tax deductions. State and local rates for Maryland have been utilized. The Defendant's non-voluntary retirement contribution has been deducted from his gross income. Pa. R.C.P. 1910.16-2(c)(1). Because the Defendant is the only parent with income, his health insurance premiums for the family have also been deducted from his gross income. Pa. R.C.P. 1910.16-6(b)(4). 2 See Pa. R.C.P. 1910.16-3 in effect prior to the January 27, 2006 amendments to the support guidelines. 3 See Exhibit "B" for the spousal support calculation. 4 Pa. R.C.P. 1910.16-6(e). 5 See Exhibit "C" for the guideline calculation. 6 See Exhibit "D." 23 Pa. C. S. Section 4324. s Pa. R.C.P. 1910.16-6(c)(1). 4 , ` F burden on the obligor would otherwise be excessive.9 A recommendation is made that an annual limitation on counseling fees for the family paid by the Defendant be set at $1,000.00. RECOMMENDATION A. For the period of January 10, 2006 through January 26, 2006, the Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit as support for his children, Benjamin J. Spears, born August 16, 1988, Mitchell B. Spears, born November 28, 1990, Madeleine R. Spears, born July 6, 1995, and Samuel R. Spears, born September 22, 1999, the sum of $1,599.00 per month. B. For the period of January 10, 2006 through January 26, 2006, the Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit as spousal support the sum of $1,175.00 per month. C. Effective January 27, 2006, the Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit as support for said children the sum of $1,531.00 per month. D. Effective January 27, 2006, the Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit as spousal support the sum of $1,209.00 per month. E. The Defendant shall provide health insurance coverage for the benefit of said children and his wife as provided through his employment or other group coverage at a reasonable cost. F. The Defendant shall pay the unreimbursed medical expenses, to include psychiatric and psychological expenses incurred by his wife and said children as that term is defined in Pa. R.C.P. 1910.16-6(c); provided, however, that an annual limitation on psychiatric and psychological expenses paid by the Defendant is set at $1,000.00. G. Effective with tax year 2005 the Defendant shall be entitled to claim said children as dependency exemptions for federal income tax purposes, and the 9 Pa. R.C.P. 1910.16-6(c)(2). S P Plaintiff shall execute and deliver to him any and all documentation required by the Internal Revenue Code to effectuate said exemptions. Date Michael R. Rundle Support Master 6 v x.- In the Court of Common Pleas of Cumberland County, Pennsylvania Plaintiff Name: Sharon N. Spears Defendant Name: James V. Spears, Jr. Docket Number: 25 S 2006 PACSES Case Number: 580107953 Other State ID Number: Tax Year: Defaulted to: 2005 1. Tax Method Manual 1040 ES 2. Fling Status Married Filing Separately Single 3. Who Claims the Exemptions Obl i or 4. Number of Exemptions 5 1 5. Monthly Taxable Income $7,280.00 - 6. Deductions Method 7. Deduction Amount $416.67 $416.67 8. Exemption Amount $1,333.35 $266.67 9. Income MINUS Deductions and Exemptions $5,529.98 -$683.34 10. Tax on Income $1,120.54 - 11. Child Tax Credit $249.99 - 12. Manual Adjustments to Taxes - - 13. Federal Income Taxes $870.55 - 13 a. Earned Income Credit - - 14. State Income Taxes $342.16 - 15. FICA Payments $556.92 - 16. City Where Taxes Apply --Select-- 17. Local Income Taxes $232.96 - TOTAL Taxes $2,002.59 - SupportCak 2005 EXHIBIT "A" SuppodCak 2005 EXHIBIT "f?" In the Court of Common Pleas of Cumberland County, Pennsylvania LtR? In the Court of Common Pleas of Cumberland County, Pennsylvania Defendant Name: James V. Spears, Jr. Plaintiff Name: Sharon N. Spears Docket Number: 25 S 2006 PACSES Case Number: 580107953 Other Case ID Number: 1. Number of Dependents In this Case 4 2. Total Gross Month/ Income $7,280.00 - 3. Less Monthly Deductions $2,806.19 - 4. Monthly Net Income $4 473.81 Line 2 minus Line 3 - 5. Combined Total Monthly Net Income $4,473.81 Amounts on Line 4 Combined 6. Plus Child's Monthly Soc. Sec. Retirement or Disability Derivative Benefit. - 7. Adjusted Combined Total Monthly Net Income - 8. PRELIMINARY Child Support Obligation based on Adjusted Income Line 7 - 9. Less Child's Monthly Social Security Retirement or Disability Derivative (-? Benefit Line 6 - 10. Basic Child Support Obligation $1,599.00 From Rule 1910.16-3 Basic Child Support Schedule 11. Net Income as a Percentage of Combined Amount 100.00 - 12. Each Parent's Monthly Share of the Child Support Obligation $1,599.00 - 13. Adjustment for Shared Custody Rule 1910.16-4 c # of Overnights: - - 14. Adjustment for Child Care Expenses Rule 1910.16-6 a - 15. Adjustment for Health Insurance Premiums Rule 1910.16-6 b - 16. Adjustment for Unreimbursed Medical Expenses Rule 1910.16-6 c - 17. Adjustment for Additional Expenses Rule 1910.16-6 d - 18. Total Obligation with Adjustments Line 8 minus Line 9, plus Lines 10, $1,599.00 19. Less Split Custody Counterclaim Rule 1910.16-4 d - 20. Obligor's Support Obligation Line 14 minus Line 15 $1,599.00 Prepared bv: mrr Date: 3/24/2006 S1. PACSES Multiple Family Adjustment S2. Spousal Support Award $862.44 S3. Adjustment for Excess Mortgage Payments (If Applicable) $312.32 S4. Custodial Parent Spousal Support Obligation (if Applicable) (-) S5. Adjusted Support Obligation Monthly: Weekly: Line 16 (or S1, if applicable) plus Line S2 and S3 minus S4 (if applicable) $2,773.76 $638.38 mx? TAX INFORMATION Tax Method Filing Status Exemptions S6. Defendant Manual Single 5 S7. Plaintiff 1040 ES Single 1 Monthly: Weekly: S8. Total Support Amount if Deviating from Guidelines Calculation - S9. Justification for Deviating from Guidelines Calculation and/or Other Case Comments: SupportCak 2005 EXHIBIT "C" ,.,? It K1 In the Court of Common Pleas of Cumberland County, Pennsylvania SuppOrt???ru 04% Rules ` . . i5, 9 -V s 006 Defendant Name: James V. Spears, Jr. Docket Number: 25S2 Plaintiff Name: Sharon N. Spears PACSES Case Number: 580107953 Other Case ID Number: 1. Number of Dependents in this Case 4 2. Total Gross Monthly Income $7,280.00 - 3. Less Monthly Deductions $2,777.39 - 4. Monthly Net Income Line 2 minus Line 3 $4,502.61 ' 5. Combined Total Monthly Net Income Amounts on Line 4 Combined f fps°' '? $4,502.61 6. Plus Child's Monthly Soc. Sec. Retirement or Disability Derivative Benefit. - 7. Adjusted Combined Total Month{ Net income f - _ 8. PRELIMINARY Child Support Obligation based on Adjusted Income Line 7 - 9. Less Child's Monthly Social Security Retirement or Disability Derivative Benefit Line 6 10. Basic Child Support Obligation From Rule 1910.16-3 Basic Child Support Schedule Table Rev. 112006 ,. ; $1,531.00 11. Net Income as a Percentage of Combined Amount 100.00 - 12. Each Parent's Monthly Share of the Child Support Obligation $1,531.00 - 13. Adjustment for Shared Custody Rule 1910.16-4 c # of Overnights: - - 14. Adjustment for Child Care Expenses Rule 1910.16-6 a - 15. Adjustment for Health Insurance Premiums Rule 1910.16-6 b - 16. Adjustment for Unreimbursed Medical Expenses Rule 1910.16-6 c - 17. Adjustment for Additional Expenses Rule 1910.16-6 d - 18. Total Obligation with Adjustments Line 8 minus Line 9, plus Lines 10, $1,531.00 19. Less Split Custody Counterclaim Rule 1910.16-4 d - 20. Obligor's Support Obligation Line 14 minus Line 15 $1,531.00 Prepared by: mrr Date: 3/24/2006 ------ ---,, Via: rt yam' S1. PACSES Multiple Family Adjustment - S2. Spousal Support Award $891.48 S3. Adjustment for Excess Mortgage Payments (If Applicable) $317.19 S4. Custodial Parent Spousal Support Obligation (if Applicable) (-) S5. Adjusted Support Obligation Monthly: Weekly: Line 16 (or S1, if applicable) plus Line S2 and S3 minus S4 (if applicable) $2,739.67 $630.53 TAX INFORMATION Tax Method Filing Status Exem tions S6. Defendant Manual Single 5 1 S7. Plaintiff 1040 ES Single Monthly: Weekly: S8. Total Support Amount if Deviating from Guidelines Calculation S9. Justification for Deviating from Guidelines Calculation and/or Other Case Comments: SupportCak 2006 K.- 3 /"V In the Court of Common Pleas of Cumberland County, Pennsylvania Sup -v rt GUide fW .,r hee Rule, 19101 ?t, et e - Defendant Name: James V. Spears, Jr. Docket Number: 25 S 2006 Plaintiff Name: Sharon N. Spears PACSES Case Number: 580107953 _ Other Case ID Number: t 1. Number of De endents in this Case 4 2. Total Gross Month/ Income $7,280.00 - 3. Less Month/ Deductions $2,777.39 - 4. Monthly Net Income Line 2 minus Line 3 $4,502.61 - 5. Combined Total Monthly Net Income Amounts on Line 4 Combined $4,502.61 6. Plus Child's Month) Soc. Sec. Retirement or Disability Derivative Benefit. - 7. Adjusted Combined Total Month/ Net Income - 8. PRELIMINARY Child Support Obligation based on Adjusted Income Line 7 9. Less Child's Monthly Social Security Retirement or Disability Derivative Benefit Line 6 {?} <? - { 10. Basic Child Support Obligation From Rule 1910,16-3 Basic Child Su on` Schedule Table Rev. 112006 $1,531.00 11. Net Income as a Percentage of Combined Amount 100.00 - 12. Each Parent's Monthly Share of the Child Support Obligation $1,531.00 - - 13. Adjustment for Shared Custody Rule 1910,16-4 c # of Overnights: - 14. Adjustment for Child Care Expenses Rule 1910.16-6 a - 15. Adjustment for Health Insurance Premiums Rule 1910.16-6 b - 16. Adjustment for Unreimbursed Medical Expenses Rule 1910.16-6 c - 17. Adjustment for Additional Expenses Rule 1910.16-6 d - 18. Total Obligation with Adjustments Line 8 minus Line 9, lus Lines 10, $1,531.00 19. Less Split Custody Counterclaim Rule 1910.16-4 d - 20. Obligor's Support Obligation Line 14 minus Line 15 $17531.00 PrAnnrari by mrr Date: 3/24/2006 -- `- - - hA? ... , S1. PACSES Multiple Family Adjustment - S2. Spousal Support Award $891.48 S3. Adjustment for Excess Mortgage Payments (If Applicable) $317.19 S4. Custodial Parent Spousal Support Obligation (if Applicable} {-} - Monthly: Weekly: S5, Adjusted Support Obligation Line 16 (or S1, if applicable) plus Line S2 and S3 minus S4 (if applicable) $2,739.67 $630.53 TAX INFORMATION Tax Method Filin Status Exem ptions 5 S6. Defendant Manual Single 1 S7. Plaintiff 1040 ES Single Monthly: Weekly: S8. Total Support Amount if Deviating from Guidelines Calculation :-6.-- f-r" fl-odrlaiinPS Calculation and/or Other Case comments: J?..?uaan wauvn . •? - upportcalc 2006 -- r- ? ? ? ? c`'? ^? -: ? i? ..... .. S. ter. 1 ? - y ` ` ' _' s'- , E . ? ,` - _. 1 ?? i ?? LL ? 1 i / f._.. ? 4 .?C ? SHARON N. SPEARS, Plaintiff V. JAMES V. SPEARS, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-4962 CIVIL TERM ORDER OF COURT AND NOW, this 24th day of October, 2007, upon consideration of Plaintiff's Motion for Protective Order and Motion in Limine, a Rule is hereby issued upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 7 days of service. THIS MATTER is referred to the Divorce Master for a brief report and recommendation as to an order to be entered. ,,Vavid F. Tamanini, Esq. 4800 Linglestown Road Suite 309 Harrisburg, PA 17112-9507 Attorney for Plaintiff Xane B. Kope, Esq. 4660 Trindle Road Suite 201 Camp Hill, PA 17011 Attorney for Defendant BY THE COURT, 1? :rc J. esley Oler, ., . VINVII ,UNr - ?F ,D :C ' Z 130 LDOZ ?C]V1l:l'rl s l i v t 3Hi ?O KOPE & ASSOCIATES, LLC BY: SHANE B. KOPE, ESQ. ATTORNEY ID 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope@kopelaw.com SHARON SPEARS Plaintiff, vs. JAMES SPEARS, Defendant. Attorney for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 04-4962 CIVIL ACTION - LAW IN DIVORCE REPLY TO PLAINTIFF'S MOTION FOR PROTECTIVE ORDER AND MOTION IN LIMINE AND NOW comes Defendant, JAMES SPEARS, by and through his attorney, SHANE B. KOPE, Esquire, and files the following Answer and New Matter to Plaintiff's Motion for Protective Order and Motion in Limine, as well as the Petition against Plaintiff for Attorney's fee and costs: 1. Admitted. 2. Admitted in part and denied in part. While it is true that Defendant sought the appointment of the divorce master, it is denied that discovery was certified as closed in this matter. The Divorce Master requires that both parties certify discovery is complete before he will schedule hearings on equitable distribution. Both parties here never certified that discovery was complete, which, ironically, led to the Divorce Master's decision to allow expert testimony. After the Defendant filed the Certification attached at Exhibit one (1), the Plaintiff not only refused to give her consent to certify discovery closed, but also objected when Defendant filed a certificate certifying the same. Consequently, a discovery conference was held before the Divorce Master whereby he allowed both parties the opportunity to acquire experts and set a date for expert hearing, which, as stated, was for October 1, 2007. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Denied. Please refer to paragraphs fourteen (14) to sixteen (16) below, which are incorporated herein by reference. 10. Denied. The Plaintiff seeks to disprove autism spectrum disorder and Plaintiff's mental health issues as diagnosed by a school and church counselor. By way of further answer, the Defendant also intends to establish an earning capacity for Plaintiff by use of expert testimony. 11. Admitted. 12. Admitted. 13. Admitted. 14. Denied. The Plaintiffs position here is severally misplaced. Collateral estoppel cannot be invoked unless the party asserting issue preclusion satisfies five minimal requirements: (1) the issue presented in the subsequent action must be "identical" to the issue that was actually litigated and determined in the previous action; (2) there must be a full and final judgment on the meritsin the previous action; (3) the party against whom the defense of collateral estoppel is invoked must be a party to or in privity with a party in the first action; (4) the party against whom estoppel is asserted must have had a full and fair opportunity to litigate the issue on its merits in the prior action; and (5) the determination of the issue in the prior proceeding must have been necessary" and "essential to the judgment in that proceeding. Plaintiff failed to satisfy at least three of these five prerequisites for collateral estoppel. Plaintiff cannot establish that the issue of earning capacity in the support proceeding is or will be identical to the issue of earning capacity in the divorce proceeding; said proceedings are vastly different, operating under different guidelines and ruled over by different masters. Simply put, spousal support and alimony are not the same doctrines. The amount of spousal support/APL is determined by a mathematical calculation provided in the Pennsylvania Support Guidelines and is based upon the parties' monthly net income and child support obligations. There is little court discretion concerning spousal support. Moreover, the duty to pay spousal support ends when the marriage ends. The amount and duration of alimony, however, is a part of the equitable distribution of the marital estate and, therefore, does not begin until the divorce decree is entered. The amount of alimony is based on a list of factors delineated in the Pennsylvania Divorce Code and is discretionary with the court. Alimony, therefore, is based on an entirely separate set of factors than spousal support. So, unlike spousal support, alimony is a secondary remedy and is available only where economic justice and the reasonable needs of the parties cannot be achieved by way of an equitable distribution award and development of an appropriate skill. It is also worth noting that if we follow Plaintiffs reasoning here, the Divorce Master would be bound to decisions made by the Support Master, at least in part, when determining the equitable distribution of all marital estates. It is for these same reasons that Plaintiff cannot establish that there was a full and final judgment on the merits in the previous action and that Defendant had a full and fair opportunity to litigate the issue on its merits. Essentially, there was never litigation or a determination on Plaintiffs earning capacity as it relates to an award of alimony. Finally, it is important to note that Plaintiff is intending to present new experts to establish an issue that she alleges was already decided by the Support Master. 15. Denied. The reopening of discovery is strictly an act of discretion by the presiding judge or officer. An officer does not abuse its discretion if s/he exercises his or her discretion in a reasonable and equitable manner. By allowing both parties the reasonable opportunity to acquire experts, the Divorce Master was being fair and equitable in a manner that did not unduly delay the proceedings. 16. Whether or not to require both parties to submit expert reports in anticipation of trial is a matter of discretion by the presiding judge or officer. Rule 4003.5 of the Pennsylvania Rules of Civil Procedure clearly allow the Divorce Master this discretion. By requiring expert reports, the Divorce Master was clearly avoiding the prejudice of surprise. It is a fundamental, and often required practice to require expert reports in an adversarial proceeding in that it gives all parties the opportunity to adequately prepare for that proceeding. 17. Admitted. 18. Admitted. NEW MATTER 19. The Defendant incorporates the preceding paragraphs of this Reply as if fully set forth at length again herein. 20. Since the filing of this Motion, the Plaintiff has refused to give her consent to have the parties' children evaluated by Defendant's experts, which has, in turn, prevented Defendant's expert from completing her evaluation of the children. 21. Since the filing of this Motion, the Plaintiff is refusing to make herself available to the Defendant's mental health or vocational expert. 22. The filing of this Motion, along with Plaintiffs refusal to cooperate, will further postpone the expert hearing that was scheduled to occur on November 15, 2007; in fact, Plaintiffs refusal to cooperate is causing more delay than Defendant has in this matter, which, in turn, is causing Defendant to spend a significant and unnecessary amount of attorney's fees and costs. WHEREFORE, the Defendant requests that this Honorable Court enter an order denying the Plaintiffs Motion for Protective Order and Motion in Limine and further direct that Plaintiff (1) immediately provide to Defendant's expert consent to conduct all necessary evaluations of the parties' children, and (2) immediately make herself available for evaluation by the Defendant's experts. PETITION FOR ATTORNEYS' FEES AND COSTS 23. The Defendant incorporates the preceding paragraphs of this Reply as if fully set forth at length again herein. 24. For the reasons set forth above, this motion is patently unmeritorious, utterly frivolous and for the purpose of harassment. 25. Consequently, the Defendant will prevail on its merits. 26. Furthermore, the Defendant is entitled to attorney's fees and costs associated with defending this motion. 27. The Supreme Court of Pennsylvania has held that a trial court may award reasonable counsel fees to a litigant when the "litigant's opponent initiated the action arbitrarily, vexatiously, or in bad faith." Thunderberg v. Strause, 545 Pa. 607, 615, 682 A.2d 295, 299 (1996). 28. The Pennsylvania Supreme Court stated that, "an opponent... can be deemed to have brought suit 'vexatiously' if he filed the suit without sufficient grounds in either law or in fact and if the suit served the sole purpose of causing annoyance." Id.; see also Bykowski v. Chesed, Co., 425 Pa. Super. 595, 600, 625 A.2d 1256, 1259 (1993). WHEREFORE, the Defendant respectfully requests this Honorable Court to award him attorney's fees and costs against the Plaintiff. Respectfully Submitted, KOPE AND ASSOCIATES, LLC SH Date: October 31, 2007 MCSB ' 10/31/2007 12:58 3014022147 KOPE & A55CCATES 18/31/2907 13:59 717-751-7572 VERIFICATION PAGE 01 PAGE 10111 1, James Spears, the Defendant in this matter, have read the foregoing Reply to Plaintiff's Motion for Protective Order and Motion in Limine. I verity that the averments contained therein are true and c omect and based upon my personal knowledge. I understand that any false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unswom falsific ol-ons to authorities. Dated: 0/3 I Z0 0 9 ", , . ). J es Spears '7.s'7 7- CERTIFICATE OF SERVICE I, Shane B. Kope, Esquire, do hereby certify that on October 31, 2007, 1 served a true and correct copy of the foregoing Reply to Plaintiffs Motion for Protective Order and Motion in Limine via first class mail, postage prepaid, addressed as follows: David Tamanini, Esq. 4800 Linglestown Road Suite 309 Harrisburg, PA 17112 KOPE & ASSOCIATES, LLC S e& Kope, Es 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 ID 92207 ?a t f . .? ,. ? ."'? f ..- i SHARON N. SPEARS, Plaintiff V. JAMES V. SPEARS, JR., Defendant IN THE COURT OF COMM PLEAS OF CUMBERLAND COUNTY, EP, NNSYLVANIA CIVIL ACTION - LAW NO. 04-4962 CIVIL TERM IN RE: PLAINTIFF'S MOTION FO PROTECTIVE ORDER AND MOTION IN BEFORE OLER, J. ORDER OF COURT AND NOW, this 61h day of November, 2007, upon cod Motion for Protective Order and Motion in Limine, of Defend of the attached report of Robert Elicker, Divorce Master, indict Plaintiff's Motion for Protective Order and Motion in Limine a?1 BY THE sideration of Plaintiffs is response thereto, and ing his recommendation, denied. COURT, Wesley O Yavid F. Tamanini, Esq. 4800 Linglestown Road Suite 309 Harrisburg, PA 17112-9507 Attorney for Plaintiff Xane B. Kope, Esq. J 4660 Trindle Road Suite 201 Camp Hill, PA 17011 Attorney for Defendant T :rc (()??i ii?\ IF f -'/'° ! ? •t,I "1 l±t , , i; _ ? F? r?F ? `,- ; _; ; SHARON N. SPEARS, Plaintiff IN THE COURT OF COMMON PLEAS OF . CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW JAMES V. SPEARS, JR., : Defendant NO. 04-4962 CIVIL TERM IN RE: PLAINTIFF'S MOTION FOR PROTECTIVE ORDER AND MOTION IN LIMINE BEFORE OLER, J. AMENDED ORDER OF COURT AND NOW, this 29th day of November, 2007, November 6, 2007, and filed in the 07? the prior order of court dated above matter is hereby amended to reflect th additional relief requested by the parties with re at any spect to Plaintiff's motions are denied. avid F. Tamanini, Esq. 4800 Linglestown Road Suite 309 Harrisburg, PA 17112-9507 Attorney for Plaintiff e B. Kope, Esq. ean 4660 Trindle Road Suite 201 Camp Hill, PA 17011 Attorney for Defendant BY THE COURT, J esley Ol Jr. :rc ? P`i ?? . i ft's .•g. j , KOPE & ASSOCIATES, LLC JULIE WEHNERT, ESQ. Attorney ID 307900 395 Saint Johns Church Road, Suite 101 Camp Hill, PA 17011 (717) 761-7573 jwehnert@kopelaw.com Attorney for Defendant SHARON SPEARS : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PA vs. : NO. 04-4962 JAMES SPEARS, : CIVIL ACTION - LAW Defendant. : IN DIVORCE & CUSTODY PRAECIPE TO ENTER APPEARANCE Please enter my appearance on behalf of James Spears, Defendant, in the above-captioned divorce matter. It /c) DATE JU E WEHNERT, ES UIRE 3 St. Johns Church Road Camp Hill, PA 17011 Supreme Court ID# 307900 CERTIFICATE OF SERVICE I, Julie Wehnert, Esquire do hereby certify that on this 9th day of November, 2009, 1 served a true and correct copy of the foregoing Praecipe for Entry of Appearance via regular U.S. First Class mail, postage prepaid, addressed as follows: David Tamanini 4800 Linglestown Road Suite 309 Harrisburg, PA 17112 KOPE & ASSOCIATES, LLC B 4.MelWehnert, Esq307900 395 St. Johns Church Road Camp Hill, PA 17011 (717) 761-7573 Attorney for Defendant L r7 David F. Tamanini, Esquire Attorney I.D. No. 27775 TAMANINI LAW OFFICE Telephone (717) 541-1805 4800 LINGLESTOWN ROAD, SUITE 309 dft@TamaniniLaw.com HARRISBURG, PENNSYLVANIA 17112-9507 Attorney for Plaintiff, Sharon N. Spears SHARON N. SPEARS, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA VS. NO: 04-4962 CIVIL TERM JAMES V. SPEARS, JR., CIVIL ACTION - LAW DEFENDANT IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on October 1, 2004. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Dated: q? 2 U? -"? 2? cw__O? SHARON N. SPEAR Plaintiff FILE0--ris':l,"DEE OF T? is 2009 0 30 Fi-i 1: 03 4'x_1 ?!.Lr 0 David F. Tamanini, Esquire Attorney I.D. No. 27775 TAMANINI LAW OFFICE Telephone (717) 541-1805 4800 LINGLESTOWN ROAD, SUITE 309 dft@TamaniniLaw.com HARRISBURG, PENNSYLVANIA 17112-9507 Attorney for Plaintiff Sharon N Spears SHARON N. SPEARS, PLAINTIFF VS. JAMES V. SPEARS, JR., DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO: 04-4962 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Dated: ?? ?? 0200 22 SHARON N. SP RS Plaintiff TARY ZQP?? "04 30 P:'. " ; P. tJ s`?? ,' SHARON N. SPEARS, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 04-4962 CIVIL TERM JAMES V. SPEARS, JR., IN DIVORCE Defendant/Respondent PACSES CASE: 866111728 ORDER OF COURT - s°ri - c-) rv CD AND NOW to wit, this 16t1i day of September, 2010, it is hereby Ordered thd' bC7 rn co W Petition for Alimony Pendente Lite is dismissed, without prejudice, pursuant to a Spousal Support obligation being affirmed by an Order of Court dated September 10, 2010. This Order shall become final twenty (20) days after the mailing of the notices of the entry of the Order to the parties unless either party files a written demand with the Office of the Prothonotary for a hearing de novo before the Court. BY THE COURT: DRO: R.J. Shadday xc: Petitioner Respondent David F. Tamanini, Esq. Julie A. Wehnert, Esq.. Form OE-001 Service Type: N1 Worker: 21005 SHARON SPEARS, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 04 - 4962 CIVIL JAMES SPEARS, . Defendant IN DIVORCE ORDER OF COURT AND NOW, this day of 2011, the economic claims raised in the proceedings having been resolved in accordance with a marital settlement agreement dated February 5, 2011, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, cc: ? David F. Tamanini Attorney for Plaintiff Shane B. Kope Attorney for Defendant &Pples tha t ec( /,4., Kevin Hess, P. J. U7 7-,Z fcE!"'_ -''r f 02/20/2011 17:52 717-761-7572 KOPE 9 ASSOCATES PAGE 03/19 MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this _ day of Fi2ad4id , 2011, by and between SHARON N. SPEARS, of Cumberland County, Pennsylvania (hereinafter referred to as "Wife"), and JAMES V. SPEARS, JR., of Montgomery County, Maryland (hereinafter referred to as "Husband"). WITNESSETH: WHEREAS, Husband and Wife were lawfully married on September 21, 1985; and WHEREAS, four children have been born of this marriage: Benjamin J. Spears, born on August 16, 1988; Mitchell B. Spears, born on November 28, 1990; Madeleine R. Spears, born on July 6, 1995; and Samuel R. Spears, born on September 22, 1999; and WHEREAS, differences have arisen between Husband and Wife in consequence of which they intend to live apart; and WHEREAS, Husband and Wife desire to settle and determine their rights and certain obligations, and the support and maintenance of the Wife by Husband. NOW, THEREFORE, in consideration of the premises and the mutual promises, covenants and undertakings hereinafter set forth, and for other good and valuable considerations, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. Seosratfon It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place as he or she may from time to time choose or deem 02/20/2011 17:52 717-761-7572 KOPE & ASSOWES PAGE 04/19 fit. The foregoing provisions shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. 2. Interference Each party shall be free from interference, authority, and contact by the other, as fully as if he or she were single and unmarried except as may be necessary to carry out the provisions of the Agreement. Neither party shall in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other, and each of the parties hereto completely understand and agree that neither shall do or say anything to the children of the parties at any time, nor permit others to do so, which might in any way influence the children adversely against the other party. 3. Effect of Divorce Decree The parties agree that, unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. It is the intent of the parties hereto that this agreement shall create contractual rights and obligations entirely independent of any court order and that this Agreement may be enforced by contract remedies in addition to any other remedies which may be available pursuant to the terms of this Agreement or otherwise under law or equity. 4. Oats of Execution The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of 2 02/20/2011 17:52 717-761-7572 KOPE & ASSOCATES PAGE 05/19 this Agreement shall be defined as the date of execution by the party last executing this Agreement. 5. Representation Each party acknowledges that this Agreement has been entered into freely and voluntarily with full knowledge of the facts and full information as to the legal rights and legal liabilities of each, and that each hereby certifies that he and she has fully read this Agreement and understands the same and believes the same to be reasonable under the circumstances- Wife retained as her legal counsel David F. Tamanini, Esquire, and Husband retained Shane B. Kope, Esquire, as his legal counsel. Each party acknowledges receiving independent legal advice from counsel, including rights under the Divorce Code and other applicable laws. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel. 6. Disclosure and Waiver of Procedural Riahts Each party understands that he or she has the right to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or had owned as of the date of separation and that each party has the right to have all such property valued by means of appraisals or otherwise. Each party hereby acknowledges that this Agreement is fair and equitable, and that it adequately provides for his or her needs and is in his or her best interests, and that the Agreement is not the result of any fraud, duress or undue influence exercised by either party upon the other or by any other person or persons upon either party. 3 02/20/2011 17:52 717-761-7572 KOPE & ASSOCATES PAGE 06/19 7. Full Disclosure Husband and Wife each represent and warrant to the other that he or she has made a full and complete disclosure to the other of all assets and income of any nature whatsoever in which such party has an interest, and all other facts relating to the subject matter of this Agreement. Both parties hereby waive the procedural right to have the court decide any other rights, remedies, privileges or obligations covered by this Agreement and/or arising out of the marital relationship, including but not limited to possible claims for spousal support, alimony, alimony pendente lite, equitable distribution, debt allocation, and counsel fees, costs and expenses. 8. Wife's Debts Wife represents and warrants to Husband that she will not contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save harmless Husband from any and all claims or demands made against him by reason of debts or obligations incurred by her. 9. Husband's Debts Husband represents and warrants to Wife that he will not contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save harmless Wife from any and all claims or demands made against her by reason of debts or obligations incurred by him. 10. Outstanding Joint Debts There are no outstanding debts except for the following credit cards which are jointly held but being paid off completely by the designated person by being deducted 4 02/20/2011 17:52 717-761-7572 KOPE & ASSOCATES PAGE 07/19 from the cash distribution under this Agreement: Chase Freedom account ending in #1748 used by Wife, and Chase Visa account ending in #7225 used by Husband. The accounts must be closed upon payment. Neither party is liable on the above account of the other. The payments will be made on Husband's account within seven (7) days of this Agreement, and Wife's account shall be paid within six (6) months. Each party must produce the payoff amount and a letter closing the account. Payoffs will be made by David F. Tamanini, Esquire, from the cash proceeds held in escrow. All further debts incurred by the parties shall be their individual responsibility. 11. Mutual Release Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights or demands whatsoever, in law or equity, which either of the parties ever had or now has against the other, except the termination of the marriage by divorce, and except any or all causes of action for breach of any provisions of this Agreement. 12. Personal Effects. Household Goods and Furnishings The parties have divided or do divide between them, to their mutual satisfaction, personal effects, household goods and fumishings and all other articles of personal property which have heretofore been used in common by them. 13. Automobiles Husband and Wife acknowledge that they are the owners of automobiles titled in their own names, and they shall retain sole title to the vehicles, and each will be 5 02/20/2011 17:52 717-761-7572 KOPE & ASSOCATES PAGE 06/19 responsible for all insurance, licensing and maintenance costs from the date of execution of this Agreement. 14. Marital Residence The Marital Residence was sold, and the net proceeds were $58,380.00. The proceeds shall be divided as follows: 42.5% to Husband and 57.5% to Wife within seven (7) days of execution of this Agreement- 15. 529 Plans Husband and Wife agree to split the net proceeds of the 529 Plans currently held by Adam Nowotarski in a ratio of 57.5% to Wife and 42.5% to Husband. The current net value is approximately $7,087. 16. Retirement Accounts and Pension Plans Husband acknowledges that as a result of his employment during the marriage with the United States Government he is the title owner of Civil Service Retirement System (CSRS) retirement benefits. Husband has represented to Wife that he will retire at age 65 and go into pay status from his CSRS retirement plan. An actuarial report was prepared which took into account Husband's monthly retirement income, and the coverture fraction, based upon then current earnings in 2010. Husband and Wife agree that Wife shall receive spousal annuity benefits in the sum of $1,500. (One Thousand Five Hundred Dollars) per month along with any awarded cost-of-living increases on her monthly sum under the above annuity retirement benefit plan. Wife shall be responsible for all applicable income taxes on the portion of the funds that she receives. Said payments shall begin as soon as Husband goes into pay status under the CSRS retirement plan. All payments to Wife shall remain in effect and continue for the 6 02/20/2011 17:52 717-761-7572 KOPE & ASSOCATES PAGE 09/19 remainder of Husband's natural life. Husband shall also maintain, at his own expense, survivor annuity benefits for Wife to assure that Wife receives not less than $1,600. (One Thousand Six Hundred Dollars) per month in the event that Husband shall predeoease Wife. Wife shall receive her annuity first from any funds before other survivor annuitants. In the event that Wife should predecease Husband, Wife's benefits shall revert to her estate or her children, whichever is permitted by regulation or law and selected by Wife in her sole discretion. It is intended by the parties that this provision for transfer of retirement benefits shall be approved by the court as a separate order, which shall conform to the United States Office of Personnel Management (OPM) requirements. Said Order shall be prepared by Jonathan Cramer of Conrad Siegel Actuaries. The costs of preparation of the Order shall be shared equally by the parties. Husband and Wife shall each make payment to Conrad Siegel upon request. Both parties agree to execute all documents necessary to effectuate the above- referenced transfer upon request, including a Stipulation and/or the Order pursuant to the governing federal requirements or any similar Act that may be required from time to time to accomplish the purpose of this paragraph after the date of execution of this Agreement but before the entry of a Decree in Divorce. Except as specifically provided for in this Agreement, Wife hereby releases and waives any and all interest, claim or right that she may have to any and all CSRS retirement benefits. Husband and Wife agree that each shall execute any documents pursuant to the Requirement Equity Act or any similar Act that may be required from time to time to 7 02/20/2011 17:52 717-761-7572 KOPE & ASSOCATES PAGE 10/19 accomplish the purposes of this paragraph. Both parties shall also provide any change of address to the other, and Husband shall notify Wife of his intention to retire at least ninety (90) days prior to applying for CSRS retirement benefits. A. Retirement After Husband's Ace 65 If Husband elects to retire later than upon attaining the age of 65, then Husband shall pay $1,500. (One Thousand Five Hundred Dollars) per month to Wife plus the yearly cost-of-living adjustment that would be payable under the CSRS spousal survival annuity pension to Wife in the form of alimony. The alimony payments shall be governed by the same terms and conditions as found in Paragraph 20 herein and shall cease upon Wife obtaining her CSRS pension benefits. Any overlap in alimony payments received concurrently with CSRS benefits by Wife shall be reimbursed to Husband. 17. Thrift Savinas Plan The parties acknowledge that Husband currently has a Thrift Savings Plan through his employment with a vested account balance of approximately $35,853.98 as of August 25, 2010. The Husband agrees to transfer funds to Wife pending any required approval of a certified Retirement Benefits Court Order by the U.S. Office of Personnel Management or other approving office, and Husband shall also receive certain funds under the same Order_ The distribution will be calculated as follows: $891.00. shall be retained in the TSA account. Of the remaining balance, 57.5% shall be distributed to Wife, and 42.5% shall be distributed to Husband. The parties will execute any documents necessary to obtain the required Retirement Benefits Court 8 02/20/2011 17:52 717-761-7572 KOPE & ASSOCATES PAGE 11/19 Order. The amount payable to each party shall include interest and/or earnings calculated up to the date of disbursement or transfer of funds. Husband shall guarantee that wife shall receive the above amount independently of the Retirement Benefits Court Order and will immediately make the appropriate beneficiary change to the TSP funds, in the most expeditious manner to the TSP account, pending the acceptance of the Retirement Benefits Court Order. Proof of his changes and actions toward making the changes shall be provided request of Wife. The appropriate Court Order shall be prepared by Jonathan Cramer of Conrad Siegel Actuaries, and the parties shall equally share the costs of preparation. 18. Miscollaneous Property As of the execution date of this Agreement, any and all property not specifically addressed herein shall be owned by the party to whom the property is titled; and if untitled, the party in possession. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from each to the other. 19. Applicability of Tax Law to Property Transfers The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act"), specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfers and subject to the carry- over basis provisions of the said Act. 9 02/20/2011 17:52 717-761-7572 KOPE $ ASSOCATES PAGE 12/19 20. Spousal Suouort. Alimony A. Spousal Support The parties agree that Husband shall pay spousal support, and subsequently alimony, to Wife each month in the non-modifiable amounts and the following schedule: $1,000. per month for the following 8.8 years. Payments shall be payable for the next month following the day of execution of this Agreement. All payments for alimony and spousal support under this Agreement shall be made through the Cumberland County Domestic Relations Office effective with the first payment of 2011. The spousal support obligation shall convert to an alimony obligation upon the entry of a Decree in Divorce. The parties shall sign any stipulation required to have payments continue to be made through the wage attachment program of the Cumberland County, Pennsylvania, Domestic Relations Office, whether such payments are for spousal support or alimony. B. Alimony Except as specifically provided to the contrary in this Agreement, Husband and Wife agree that Husband shall pay to Wife alimony at the non-modifiable rate as established in the preceding paragraph for any remaining period following the entry of a Decree in Divorce. Husband and Wife acknowledge and agree that the Court of Common Pleas of Cumberland County, Pennsylvania, shall have and retain jurisdiction regarding this paragraph. Jurisdiction is limited to collection and enforcement only consistent with Paragraphs 16 A and 20 herein. Husband and Wife further acknowledge and agree that the alimony shall be subject to termination upon Wife's cohabitation with a member of 10 02/20/2011 17:52 717-761-7572 KOPE & ASSOCATES PAGE 13/19 the opposite sex, Wife's remarriage or death, or upon Husband's death, whichever occurs first. Cohabitation shall be defined as Wife sharing the same residence with an adult male other than a member of her own family within degrees of consanguinity set forth in Pennsylvania law as of the date of any cohabitation. The parties agree that Wife's spousal support and alimony payments shall not be taken into account as income to her if there is a modification of child support for any eligible child of this marriage. Husband also acknowledges that he waives any claim that he may have had or will have to alimony, alimony pendente lite, and/or spousal support payments from Wife as permitted by the laws of Pennsylvania or any other jurisdiction as they now exist or as they my exist in the future. C. Tax Consequences It is the intention of the parties that all payments made by Husband to Wife pursuant to this Paragraph shall qualify as spousal support or alimony within the meaning of Section 71 of the Internal Revenue Code and are intended to be includable in the gross income of Wife under Section 71 of the Code and deductible by Husband under Section 215 of the Code. Wife must report payments received under this Paragraph in her gross income for Federal and, if applicable, state and local income tax purposes. Wife shall be solely responsible for income taxes with respect to said payments. If Wife should fail to report these payments on her tax returns as required by this Paragraph, Wife shall exonerate and indemnify Husband against and hold Husband harmless from any expenses and/or liability, including any tax Husband is required to pay as a result of Wife's failure to report said payments on her tax returns and 11 02/20/2011 17:52 717-761-7572 KOPE & ASSOCATES PAGE 14/19 reasonable counsel and accountants' fees arising from said failure. Any such payments required by Husband in this Paragraph above shall be considered as alimony payments until such time as Husband, by virtue of this Agreement, is no longer obligated to make such payments to Wife. 21. Life Insurance Husband shall immediately name and maintain Wife as a beneficiary on a life insurance policy in an initial amount of $125,616 to insure the spousal support and alimony payments due to Wife under this Agreement if Husband dies prior to completing the same. And to insure Wife's interest in the share of the TSP account referred to in paragraph 17. This amount can be adjusted downwards by Husband each year to an amount equal to the remaining amount of spousal support and/or alimony payments due Wife under this Agreement and on account of Wife's receipt of funds from the TSP account. Husband shall provide proof of the continued coverage and any modification in the total coverage for Wife as he makes such changes. Wife may request proof of coverage in writing from Husband and he shall supply it within at least ten (10) days after demand therefore. 22. Waiver of Alimony, Alimony Pendente Uttar, spousal Support Except as stated above, Husband and Wife each hereby expressly waives, discharges and releases any and all rights and claims which he or she may have now or hereafter by reason of the parties' marriage to alimony, alimony pend6nte lite, spousal support and/or maintenance or other like benefits resulting from the parties' status as Husband and Wife. The parties further release and waive any rights they may have to seek modification of the terms of this paragraph in a court of law or equity, it being 12 02/20/2011 17:52 717-761-7572 KOPE & ASSOCATES PAGE 15/19 understood that the foregoing constitutes a final determination for all time of either party's obligation to contribute to the support and maintenance of the other. 23. Health Insurance Husband shall continue to provide for Wife all health care insurance provided through his employer during the calendar year 2011, under the Federal Employees Healthcare Benefit plans, including dental coverage, until March 1, 2012. 24. Waiver of Claims Against Estates Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights she or he may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. 25. Subsequent Divorce Delayed A divorce action has been filed in the Court of Common Pleas of Cumberland County, Pennsylvania, under Docket No. 04-4962 Civil Term. The parties agree that their marriage is irretrievably broken and that they do not desire marital counseling, and that they both consent to the entry of a Divorce Decree pursuant to Section 3301(c) of 13 02/20/2011 17:52 717-761-7572 KOPE & ASSOCATES PAGE 16/19 the Pennsylvania Divorce Code as amended, and they both will sign any documents to obtain a divorce. PROVIDED that no decree shall be requested by either party before March 1, 2012, unless the parties agree in writing before that date. 26. Breach If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or to require specific performance. The party breaching this Agreement shall be responsible for payment of legal fees and costs incurred by the other in enforcing her or his rights under this Agreement or for seeking such other remedies or relief as may be available to her or him. 27. Bankruptcy and/or Reorganization This Agreement is intended by the parties to be a fair and equitable resolution of their claims and needs for financial resources, including resources for support and maintenance. The characterizations of the rights and obligations in this Agreement, and the payment terms, have been negotiated to reflect the financial circumstances of the parties. Regardless of the terminology used to describe the rights and obligations herein, the parties agree that they may not be modified or discharged by order of court, since discharge or modification of one party's obligations would have the effect of unjustly depriving the other party of, inter alia, resources for spousal support bargained for in this Agreement. If either party, notwithstanding the foregoing, seeks and obtains discharge of any obligation for payment or transfer of property, the non-breaching party shall be entitled, at his or her option, to seek modification of the terms of this Agreement so that the 14 02/20/2011 17:52 717-761-7572 KOPE & ASSOCATES PAGE 17/19 economic benefit to the non-breaching party shall remain substantially as agreed to herein. Without limiting the foregoing, the non-breaching party shall be entitled to a monetary award, an award of alimony pendente lite or alimony, or modification of any provision for alimony pendente lite or alimony. 28. Additional Instruments Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of the Agreement. 29. Voluntary Agreement The provisions of this Agreement are fully understood by both parties, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. 30. Entire Agreement This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertaking other than those expressly set forth herein. 31. Modification or Waiver A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same of similar nature. 15 02/20/2011 17:52 717-761-7572 KOPE $ ASSOCATES PAGE 18/19 32. Mutual Cooperation Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement (and within at least ten (10) days after demand therefore). 33. Laws Of Pennsylvania Applicable This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement. 34. No Waiver Of Default This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any default or breach of any; provision hereof be construed as a waiver of any subsequent default or breach of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 35. Severabilitv If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, 16 02/20/2011 17:52 717-761-7572 KOPE & ASSOCATES PAGE 19/19 clause or provision shall be stricken from this Agreement, and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet her or his obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of any conditions precedent, shall in no way void or alter the remaining obligation of the parties. 36. Preparation of Agreement The parties acknowledge that this Agreement has been prepared by counsel for Wife as a convenience to the parties, and it shall not be construed against either party as the maker thereof. 37. Incorporation in Decree of Divorce This Agreement may be incorporated for the purposes of enforcement only, but not merged, into any decree of Divorce. The court on entry of the decree of Divorce shall retain the right to enforce the provisions and terms of the Agreement. 38. Headings Not Part of Agre ment Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement, nor shall they affect its meaning, construction or effect. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. Witness: ."-? -/"//, c? SHARON N. SPEARS POES V. SPEARS, 17 0 FILED-OFFICE OF THE PROTHONOTARY 2011 APR 15 AM 11: 5 7 CUMBERLAND COUNTY PENNSYLVANIA SHARON N. SPEARS, : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO: 04-4962 CIVIL TERM JAMES V. SPEARS, JR., : CIVIL ACTION - LAW DEFENDANT : IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on October 1, 2004. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Dated: `0 2. U zzz'e? ', J ES V. SP RS JR. 06fendant FILED-OFFICE OF THE PROTHONOTARY j i 2011 APR 15 AM it: 5 7 CUMBERLAND COUNTY PENNSYLVANIA SHARON N. SPEARS, : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO: 04-4962 CIVIL TERM JAMES V. SPEARS, JR., : CIVIL ACTION - LAW DEFENDANT : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, IawyerOs fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Dated:0ee 4 I MESS L/yr"f.A & 'e?L&AA L V. SPEARS JR. fendant T Sharon N. Spears IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSY%&VA*IA 3 VS. gs°D+? v Mr- ter-- ? o James V. Shears NO. 04-4962_CIVIL __ o Defendant .C C) -0 = C-)3 =C) :r- J DOMESTIC RELATIONS ORDER C 70 1. This Domestic Relations Order ("DRO") creates and recognizes the existence of he Alternate Payee's right to receive a portion of the benefits payable with respect to the Participant. It is intended to constitute a Qualifying Retirement Benefits Court Order by the Federal Retirement Thrift Investment Board ("Board"). 2. This DRO is entered pursuant to authority granted under the applicable domestic relations laws of the State of Pennsylvania. 3. This DRO relates to the provision of marital property rights to the Alternate Payee. 4. This DRO applies to the Thrift Savings Plan ("Plan") and any successor thereto. James V. Spears ("Participant") is a Participant in the Plan. Sharon N. Spears ("Alternate Payee"), the former spouse, is the Alternate Payee for the purposes of this DRO. 5. The Participant's name, mailing address, Social Security number and date of birth are: James V. Spears 18254 Rolling Meadow Way Olney, MD 20832-1762 Social Security No.: See Addendum TSP Account No.: See Addendum Date of Birth: See Addendum 6. The Alternate Payee's name, mailing address, Social Security number and date of birth are: Sharon N. Spears 1437 Apple Circle, Apt. 187 Mechanicsburg, PA 17055 Social Security No.: See Addendum Date of Birth: See Addendum It is the responsibility of the Alternate Payee to keep a current mailing address on file with the Plan at all times. 7. This Order assigns to Alternate Payee an amount equal to $20,148.16 of the Participant's total account balance accumulated under the Plan as of December 31, 2010. The Alternate Payee's award shall be increased for earnings from December 31, 2010, to the date of distribution using the rate of earnings on the G Fund administered by the Thrift Savings Plan for the period December 31, 2010, until the date of distribution. In no event shall the Alternate Payee receive more than the Participant's vested account balance on the date of distribution. 8. The Alternate Payee shall be paid benefits as soon as administratively feasible following the date this Order is approved as a Qualifying Retirement Benefits Court Order by the Board. 9. Benefits are to be payable to the Alternate Payee in the form of a lump sum cash, payment (in the form of a tax-deferred rollover to an IRA or eligible retirement plan, if so elected by the Alternate Payee on forms supplied by the Thrift Savings Plan Administrator). 10. All payments made pursuant to this order shall be conditioned on the certification by the Alternate Payee and the Participant to the Board of such information as the Board may reasonably require from such parties. 11. This DRO does not require the Plan to provide any type or form of benefit the Plan does not otherwise provide. 12. This DRO does not require the Plan to provide increased benefits. 13. This DRO does not require the Plan to pay any benefits which another order previously determined to be a qualified domestic relations order requires the Plan to pay to another alternate payee. 14. In the event that the Plan inadvertently pays to the Participant any benefits that are assigned to the Alternate Payee pursuant to the terms of this order, the Participant shall immediately reimburse the Alternate Payee to the extent that he has received such benefit payments and shall forthwith pay such amounts so received directly to the Alternate Payee within ten (10) days of receipt. In the event the Plan inadvertently pays to the Alternate Payee any benefits that are assigned to the Participant pursuant to the terms of this order, the Alternate Payee shall immediately reimburse the Participant to the extent that she has received such benefit payments and shall forthwith pay such amount so received directly to the Participant within ten (10) days of receipt. 15. After payment of the amount required by this DRO, the Alternate Payee shall have no further claim against the Participant's interest in the Plan. 16. The Alternate Payee assumes sole responsibility for the tax consequences of any payments made to her under this DRO. 17. In the event the Participant predeceases the Alternate Payee before she receives her distribution, his death shall have no effect on her assigned portion of the benefits, as stipulated herein. If applicable, the Alternate Payee shall be treated as the beneficiary of the Participant to the extent of her assigned interest hereunder. 18. If the Participant takes any action that prevents, decreases or limits the collection by Alternate Payee of the sums to be paid hereunder, he shall make payments to Alternate Payee directly in an amount sufficient to neutralize, as to Alternate Payee, the effects of the actions taken by Participant. 19. The Court of Common Pleas of Cumberland County, Pennsylvania shall retain jurisdiction to amend this Order, but only for the purpose of establishing it or maintaining it as a Domestic Relations Order, provided, however, that no such amendment shall require the Plan to provide any form of benefit or any option not otherwise provided by the Plan, and further provide that no such amendment or right of the Court to so amend will invalidate this Order. ll EXECUTED this `3 day of 2-0Y. CONSENT TO ORDER: '?? - QUO 3/ 17/JD l Plaintiff/Alternate ayee Date 0l Attorney for laintiff/ *te Attorney o endantl Date Alternate Payee v Dc?rrdTaMan«,i ? Koper lkam. C4114if o BY THE COURT Sharon N. Shears Plaintiff vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA James V. Spears NO. 04-4962 CIVIL Defendant DOMESTIC RELATIONS ORDER 1. This Domestic Relations Order ("DRO") creates and recognizes the existence of the Alternate Payee's right to receive a portion of the benefits payable with respect to the Participant. It is intended to constitute a Qualifying Retirement Benefits Court Order by the Federal Retirement Thrift Investment Board ("Board"). This Order supersedes a prior Order dated April 13, 2011, which had previously been entered by the Court, but which the Thrift Savings Plan did not honor. 2. This DRO is entered pursuant to authority granted under the applicable domestic relations laws of the State of Pennsylvania. 3. This DRO relates to the provision of marital property rights to the Alternate Payee. 4. This DRO applies to the Thrift Savings Plan ("Plan") and any successor thereto. James V. Spears ("Participant") is a Participant in the Plan. Sharon N. Spears ("Alternate Payee"), the former spouse, is the Alternate Payee for the purposes of this DRO. 5. The Participant's name, mailing address, Social Security number and date of birth are: James V. Spears 18254 Rolling Meadow Way Olney, MD 20832-1762 Social Security No.: See Addendum TSP Account No.: See Addendum Date of Birth: See Addendum 6. The Alternate Payee's name, mailing address, Social Security number and date of birth are: Sharon N. Spears 1437 Apple Circle, Apt. 187 Mechanicsburg, PA 17055 Social Security No.: See Addendum Date of Birth: See Addendum It is the responsibility of the Alternate Payee to keep a current mailing address on file with the Plan at all times. 7. This Order assigns to Alternate Payee an amount equal to $20,148.16 of the Participant's total account balance accumulated under the Plan as of December 31, 2010. The Alternate Payee's award shall be increased for earnings, gains or losses from December 31, 2010, to the date of distribution using the actual rate of earnings experienced by the Participant's Thrift Savings Plan account from December 31, 2010, until the date of distribution. In no event shall the Alternate Payee receive more than the Participant's vested account balance on the date of distribution. 8. The Alternate Payee shall be paid benefits as soon as administratively feasible following the date this Order is approved as a Qualifying Retirement Benefits Court Order by the Board. 9. Benefits are to be payable to the Alternate Payee in the form of a lump sum cash payment (in the form of a tax-deferred rollover to an IRA or eligible retirement plan, if so elected by the Alternate Payee on forms supplied by the Thrift Savings Plan Administrator). 10. All payments made pursuant to this order shall be conditioned on the certification by the Alternate Payee and the Participant to the Board of such information as the Board may reasonably require from such parties. 11. This DRO does not require the Plan to provide any type or form of benefit the Plan does not otherwise provide. 12. This DRO does not require the Plan to provide increased benefits. 13. This DRO does not require the Plan to pay any benefits which another order previously determined to be a qualified domestic relations order requires the Plan to pay to another alternate payee. 14. In the event that the Plan inadvertently pays to the Participant any benefits that are assigned to the Alternate Payee pursuant to the terms of this order, the Participant shall immediately reimburse the Alternate Payee to the extent that he has received such benefit payments and shall forthwith pay such amounts so received directly to the Alternate Payee within ten (10) days of receipt. In the event the Plan inadvertently pays to the Alternate Payee any benefits that are assigned to the Participant pursuant to the terms of this order, the Alternate Payee shall immediately reimburse the Participant to the extent that she has received such benefit payments and shall forthwith pay such amount so received directly to the Participant within ten (10) days of receipt. 15. After payment of the amount required by this DRO, the Alternate Payee shall have no further claim against the Participant's interest in the Plan. 16. The Alternate Payee assumes sole responsibility for the tax consequences of any payments made to her under this DRO. 17. In the event the Participant predeceases the Alternate Payee before she receives her distribution, his death shall have no effect on her assigned portion of the benefits, as stipulated herein. If applicable, the Alternate Payee shall be treated as the beneficiary of the Participant to the extent of her assigned interest hereunder. 18. If the Participant takes any action that prevents, decreases or limits the collection by Alternate Payee of the sums to be paid hereunder, he shall make payments to Alternate Payee directly in an amount sufficient to neutralize, as to Alternate Payee, the effects of the actions taken by Participant. 19. The Court of Common Pleas of Cumberland County, Pennsylvania shall retain jurisdiction to amend this Order, but only for the purpose of establishing it or maintaining it as a Domestic Relations Order, provided, however, that no such amendment shall require the Plan to provide any form of benefit or any option not otherwise provided by the Plan, and further provide that no such amendment or right of the Court to so amend will invalidate this Order. EXECUTED this day of Jut 2 D (( . CONSENT TO ORDER: SIG ?o?? Plaintiff/Altern to P yee Date D ndant/Participant Date t/ Attorney for Plaintiff/ Date Alternate Payee eop; es W" W -)113111 jl ,, /zoo Atto or endant/ Date P icipant 3 =rn c ? m z= r -am -? w o , Cn RV muT. OnTTOrP IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHARON N. SPEARS V. JAMES V. SPEARS. JR. NO. 04-4962 CIVIL TERM DIVORCE DECREE AND NOW, 15 hh, A ?Qrz, , it is ordered and decreed that SHARON N. SPEARS plaintiff, and JAMES V. SPEARS, JR. , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") All claims have been resolved by the Marital Settlement Agreement. Therefore it is further ordered that the Marital Settlement Agreement dated February 5, 2011 and filed of record, is incorporated herein by reference, but shall not merge herewith. lesft nopn SA. Macey i. Como Pleas Judge, A?4- e% /op?`ce 't Eoly 3'/ /IV ieo 'o?, ?of E Sharon N. Spears IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. M W N ?M James V. Spears NO. 04-4962 CIVIL cnr- Defendant ?-<-z 'r- DOMESTIC RELATIONS ORDER 1. This Domestic Relations Order ("DRO") creates and recognizes the existence of the Alternate Payee's right to receive a portion of the benefits payable with respect to the Employee. It is intended to constitute a Court Order Acceptable for Processing ("COAP") under final regulations issued by the United States Office of Personnel Management ("OPM"). This DRO applies to the Civil Service Retirement System ("CSRS") and any successor thereto. The court has considered the requirements and standard terminology in Part 838 of Title 5, Code of Federal Regulations. The terminology used in the provisions of this Order that concern benefits under the Civil. Service Retirement System are governed by the standard conventions established in that part;. 2. This DRO is entered pursuant to authority granted under the applicable domestic relations laws of the State of Pennsylvania and in accordance with Part 838 of Title 5, Code of Federal Regulations. 3. This DRO relates to the provision of marital property rights to the Alternate Payee. 4. James V. Spears ("Employee") is a Member of CSRS. Sharon N. Spears ("Alternate Payee"), the former spouse, is the Alternate Payee for the purposes of this DRO. 5. The Employee's name, mailing address, Social Security number and date of birth are: James V. Spears 18254 Rolling Meadow Way Olney, MD 20832-1762 Social Security No.: See Addendum Date of Birth: See Addendum 6. The Alternate Payee's name, mailing address, Social Security number and date of birth r-' C -s0 are: Sharon N. Spears 1437 Apple Circle, Apt. 187 Mechanicsburg, PA 17055 Social Security No.: See Addendum Date of Birth: See Addendum It is the responsibility of the Alternate Payee to keep a current mailing address on file with the OPM at all times. 7. The Employee is or will be eligible for retirement benefits under the CSRS based on his employment with the United State Government. The Alternate Payee is entitled to a portion of the Employee's monthly annuity under the CSRS as set forth below. 8. This DRO assigns to Alternate Payee $1,500.00 per month of the Employee's self-only monthly annuity payable by the CSRS. When Cost-of-Living Adjustments ("COLA") are applied to Employee's retirement benefits post-retirement, the same post-retirement COLA shall apply to the Alternate Payee's share. The OPM is hereby directed to pay Alternate Payee's share directly to Alternate Payee. 9. If the Employee becomes disabled and commences a disability annuity under CSRS, then the Alternate Payee is entitled to the award as defined in Section 8, with no early retirement reduction, computed as though Employee had retired on an immediate, nondisabiiity annuity on the commencement date of Employee's disability annuity. 10. Payments to Alternate Payee shall commence on the date payments commence to the Employee. Employee agrees to arrange or to execute all forms necessary for the OPM to commence payments to the Alternate Payee in accordance with the terms of the DRO. 11. Payments shall continue to Alternate Payee for the remainder of the Employee's lifetime. If the Alternate Payee dies before the Employee, the Alternate Payee's share of the Employee's annuity shall be paid to the Alternate Payee's estate for the remainder of Employee's lifetime. 12. If Employee leaves Federal service before retirement and applies for a refund of employee contributions under the CSRS, the OPM is directed not to pay the Employee a refund of such employee contributions. 13. Under Section 8341(h)(1) of Title 5, United States Code, the Alternate Payee is awarded a former spouse survivor annuity. If the Employee dies before or after his benefits commence, the amount of the survivor annuity payable to the Alternate Payee shall be calculated such that she receives $1,500.00 per month as a survivor annuity. Such survivor annuity shall be increased with COLAs from the Employee's date of retirement or death as applicable. The costs associated with providing this former spouse survivor annuity coverage shall be deducted from the Employee's portion of the monthly annuity. Employee agrees to take all necessary steps to elect Alternate Payee as designated beneficiary for the purposes of establishing and sustaining such former spouse survivor annuity for Alternate Payee. 14. In no event shall the Alternate Payee have greater benefits or rights other than those which are available to the Employee. The Alternate Payee is not entitled to any benefit not otherwise provided by the CSRS. The Alternate Payee is only entitled to the specific benefits offered by the CSRS as provided in this Order. All other rights, privileges and options offered by the CSRS not granted to Alternate Payee are preserved for the Employee. 15. The OPIVI shall issue individual tax forms to the Employee and Alternate Payee for amounts paid to each such person. 16. In the event that OPM inadvertently pays to the Employee any benefits that are assigned to the Alternate Payee pursuant to the terms of this DRO, the Employee shall immediately reimburse the Alternate Payee to the extent that he has received such benefit payments, and shall forthwith pay such amounts so received directly to the Alternate Payee within ten (10) days of receipt. In the event OPM inadvertently pays to the Alternate Payee any benefits that are not assigned to her pursuant to the terms of this DRO, the Alternate Payee shall immediately reimburse the Employee to the extent she has received such benefit payments and shall forthwith pay such amounts so received directly to the Employee within ten (10) days of receipt. 17. In the event the Employee makes a one-time irrevocable election to transfer into the Federal Employees Retirement System ("FERS") before his retirement, then Alternate Payee shall be entitled to a portion of the Employee's Basic Annuity and/or a Refund of employee contributions under FERS calculated in a manner similar to that which is enumerated in Sections 8 through 12 above for the annuity and refund, respectively, and payable directly from FERS. Additionally, Alternate Payee shall be entitled to a former spouse survivor annuity payable under FERS and determined in a similar manner to the survivor benefits set forth under Section 13 above. Further, such former spouse survivor annuity shall be payable directly from FERS. 18. If Employee takes any action that prevents, decreases, or limits the collection by Alternate Payee of the sums to be paid hereunder, he shall make payments to Alternate Payee directly in an amount sufficient to neutralize, as to Alternate Payee, the effects of the actions taken by Employee. 19. The OPM shall notify the Alternate Payee and her legal representative when the Employee makes an application for any benefit payments or withdrawals from the CSRS. 20. The Court of Common Pleas of Cumberland County, Pennsylvania shall retain jurisdiction to amend this Order, but only for the purpose of establishing it or maintaining it as a Domestic Relations Order, provided, however, that no such amendment shall require the CSRS to provide any form of benefit or any option not otherwise provided by the CSRS, and further provide that no such amendment or right of the Court to so amend will invalidate this Order. Accepted and Ordered this 06 day of k44-- 706 BY Judge Thomas A. CONSENT TO ORDER: gwo -Nz--A? IV &ai?e Plaintiff / Alter e Pay Date 'C? I V r4,.A, 5-?1 xb/l Attorney for Plaintiff / D to Common Pleas Judge 1 for Defen'nt / Alternate Payee Employee . wvId -f- -7-e Mdn1171 es a?Geo? • shine ?. trope 311. 12 ?r ?? Zvil Date ?/Z0 Date INCOME WITHHOLDING FOR SUPPORT O ORIGINAL INCOME WITHHOLDING ORDERMOTICE FOR SUPPORT (IWO) Q ! D -7 G S 7 Q AMENDED IWO O ONE-TIMEORDER/NOTICE FOR LUMP SUM PAYMENT Q TERMINATION OF IWO `R to L, 1 1 1-7 1ZC/1 UPI -?C1(v hlui Date: 04/27/12 ? Child Support Enforcement (CSE) Agency N Court ? Attorney ? Private Individual/Entity (Check One) NOTE: This IWO must be regular on its face. Under certain circumstances you must reject this IWO and return it to the sender (see IWO instructions http://www.acf.hhs,aov/programs/cse/newhire/employer/publication/publication.htm - forms). If you receive this document from someone other than a State or Tribal CSE agency or a Court, a copy of the underlying order must be attached. State/Tribe/Territory Commonwealth of Pennsylvania Remittance Identifier (include w/payment): 6290101613 City/County/Dist./Tribe CUMBERLAND Order Identifier: (See Addendum for order/docket informaiton) Private Individual/Entity _ CSE Agency Case Identifier: (See Addendum for case summary) RE: SPEARS, JAMES V. JR Employee/Obligor's Name (Last, First, Middle) 025-54-4125 Employer/Income Withholder's FEIN 530196960 Child(ren)'s Name(s) (Last, First, Middle) Child(ren)'s Birth Date(s) Employee/Obligor's Social Security Number (See Addendum for plaintiff names associated with cases on attachment) Custodial Party/Obligee's Name (Last, First, Middle) NOTE: This IWO must be regular on its face. Under certain circumstances you must reject this IWO and return it to the sender (see IWO instructions / http://www.acf.hhs.aov/programs`/-cse/newhire employer/publication/publication.htm - forms). If you receive this document from someone other than a State or Tribal CSE agency or a Court, a copy of the underlying order must be attached. 5301969600 See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This document is based on the support or withholding order from CUMBERLAND County, Commonwealth of Pennsylvania (State/Tribe). You are required by law to deduct these amounts from the employee/ obligor's income until further notice. $ 995.00 permonth in current child support $ 0.00 per month in past-due child support - Arrears 12 weeks or greater? O yes O no $ 0.00 per month in current cash medical support $ 0.00 permonth in past-due cash medical support $ 1,000.00 per month in current spousal support ?- $ 0.00 per month in past-due spousal support - ,y $ 0.00 permonth in other (must specify) r1 Di for a Total Amount to Withhold of $ 1,995.00 per month. AMOUNTS TO WITHHOLD: You do not have to vary your pay cycle to be in compliance with th der nforrr?i4n. If your pay cycle does not match the ordered payment cycle, withhold one of the following amours c-> ° Co $ 459.12 per weekly pay period. $ 997.50 per semimonthly paj od k, vic" month) $ 918.25 per biweekly pay period (every two weeks) $ 1,995.00 per monthly pay period-.Z -ar -t c ?... $ Lump Sum Payment: Do not stop any existing IWO unless you receive a terminatiworden REMITTANCE INFORMATION: If the employee/obligor's principal place of employment is CUMBERLAND County, Commonwealth of Pennsylvania (State/Tribe), you must begin withholding no later than the first pay period that occurs ten (10) working days after the date of this Order/Notice. Send payment within seven 7 working days of the pay date. If you cannot withhold the full amount of support for any or all orders for this employee/obligor, withhold up to 55% of disposable income for all orders. If the employee/obligor's principal place of employment is not CUMBERLAND County, Commonwealth of Pennsylvania (State/Tribe), obtain withholding limitations, time requirements, and any allowable employer fees at http://www.acf.hhs.gov/programs/cse/newhire/employer/contacts/ contact_map.htm for the employee/obligor's principal place of employment. Document Tracking Identifier OMB No.: 0970-0154 Form EN-428 01/12 Service Type M Worker ID $IATT ? Return to Sender [Completed by Employer/Income Withholder]. Payment must be directed to an SDU in accordance with 42 USC §666(b)(5) and (b)(6) or Tribal Payee (see Payments to SDU below). If payment is not directed to an SDU/Tribal Payee or this IWO is not regular on its face, you must check this box and return the IWO to the sender. Signature of Judge/Issuing Official (if required by State or Tribal law): ., KEVIN A HESS i„ Print Name of Judge/Issuing Official: _ Title of Judge/Issuing Official: Date of Signature: APRIL 27, 2012 If the employee/obligor works in a State or for a Tribe that is different from the State or Tribe that issued this order, a copy of this IWO must be provided to the employee/obligor. ? If checked, the employer/income withholder must provide a copy of this form to the employee/obligor. ADDITIONAL INFORMATION FOR EMPLOYERS/INCOME WITHHOLDERS Pennsylvania law (23 PA C.S. § 4374(b)) requires remittance by an electronic payment method if an employer is ordered to withhold income from more than one employee and employs 15 or more persons, or if an employer has a history of two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676.9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. State-specific contact and withholding information can be found on the Federal Employer Services website located at: http://www act hhs aov/prourams/cse/newhire/employer/contacts/contact map htm Priority: Withholding for support has priority over any other legal process under State law against the same income (USC 42 §666(b)(7)). If a Federal tax levy is in effect, please notify the sender. Combining Payments: When remitting payments to an SDU or Tribal CSE agency, you may combine withheld amounts from more than one employee/obligor's income in a single payment. You must, however, separately identify each employee/ obligor's portion of the payment. Payments To SDU: You must send child support payments payable by income withholding to the appropriate SDU or to a Tribal CSE agency. If this IWO instructs you to send a payment to an entity other than an SDU (e.g., payable to the custodial party, court, or attorney), you must check the box above and return this notice to the sender. Exception: If this IWO was sent by a Court, Attorney, or Private Individual/Entity and the initial order was entered before January 1, 1994 or the order was issued by a Tribal CSE agency, you must follow the "Remit payment to" instructions on this form. Reporting the Pay Date: You must report the pay date when sending the payment. The pay date is the date on which the amount was withheld from the employee/obligor's wages. You must comply with the law of the State (or Tribal law if applicable) of the employee/obligor's principal place of employment regarding time periods within which you must implement the withholding and forward the support payments. Multiple IWOs: If there is more than one IWO against this employee/obligor and you are unable to fully honor all IWOs due to Federal, State, or Tribal withholding limits, you must honor all IWOs to the greatest extent possible, giving priority to current support before payment of any past-due support. Follow the State or Tribal law/procedure of the employee/obligor's principal place of employment to determine the appropriate allocation method. Lump Sum Payments: You may be required to notify a State or Tribal CSE agency of upcoming lump sum payments to this employee/obligor such as bonuses, commissions, or severance pay. Contact the sender to determine if you are required to report and/or withhold lump sum payments. Liability: If you have any doubts about the validity of this IWO, contact the sender. If you fail to withhold income from the employee/obligor's income as the IWO directs, you are liable for both the accumulated amount you should have withheld and any penalties set by State or Tribal law/procedure. Anti-discrimination: You are subject to a fine determined under State or Tribal law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against an employee/obligor because of this IWO. OMB Expiration Date - 05/31/2014. The OMB Expiration Date has no bearing on the termination date of the IWO, it identifies the version of the form currently in use. Form EN-428 01/12 Service Tvne M Pace 2 of 3 Worker ID SIATT Employer's Name: DEPT HEALTH & HUMAN SERVICE Employer FEIN: 530196960 Employee/Obligor's Name: SPEARS, JAMES V. JR 6290101613 CSE Agency Case Identifier: (,See Addendum for case summary) Order Identifier: (See Addendum for order/docket information) Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) (15 U.S.C. 1673(b)); or 2) the amounts allowed by the State or Tribe of the employee/obligor's principal place of employment (see REMITTANCE INFORMATION). Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; statutory pension contributions; and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family. However, those limits increase 5% - to 55% and 65% - if the arrears are greater than 12 weeks. If permitted by the State or Tribe, you may deduct a fee for administrative costs. The combined support amount and fee may not exceed the limit indicated in this section. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers/income withholders who receive a State IWO, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer/income withholder is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State or Tribal law, you may need to also consider the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. Arrears greater than 12 weeks? If the Order Information does not indicate that the arrears are greater than 12 weeks, then the Employer should calculate the CCPA limit using the lower percentage. Additional Information: NOTIFICATION OF EMPLOYMENT TERMINATION OR INCOME STATUS: If this employee/obligor never worked for you or you a no longer withholding income for this employee/obligor, an employer must promptly notify the CSE agency and/or the sender by returning this form to the address listed in the Contact Information below: 5301969600 Q This person has never worked for this employer nor received periodic income. Q This person no longer works for this employer nor receives periodic income. Please provide the following information for the employee/obligor: Termination date: Last known address: Last known phone number: Final Payment Date To SDU/Tribal Payee: New Employer's Name: New Employer's Address: Final Payment Amount: CONTACT INFORMATION: To Employer/Income Withholder: If you have any questions, contact WAGE ATTACHMENT UNIT (Issuer name) by phone at (717) 240-6225, by fax at (717) 240-6248, by email or website at: www.childsupport.state.pa.us. Send termination/income status notice and other correspondence to: DOMESTIC RELATIONS SECTION, 13 N. HANOVER ST. P.O. BOX 320, CARLISLE. PA. 17013 (Issuer address). To Employee/Obligor: If the employee/obligor has questions, contact WAGE ATTACHMENT UNIT (Issuer name) by phone at 717 240-6225, by fax at (717) 240-6248, by email or website at www.childsupport.state.pa.us. IMPORTANT: The person completing this form is advised that the information may be shared with the employee/obligor. OMB No.: 0970.0154 Service Type M Page 3 of 3 Form EN-428 01/12 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: SPEARS, JAMES V. JR PACKS Case Number 580107953 SHARON N. SPEARS Docket Attachment Amount 00025 S 2006 $ 995.00 Child(ren)'s Name(s): DOB SAMUEL R. SPEARS 09/22/99 PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number 866111728 Plaintiff Name SHARON N. SPEARS Docket Attachment Amount 04-4962 CIVIL $ 1,000.00 Child(ren)'s Name(s): DOB PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Addendum Form EN-428 01/12 Service Tvae M OMB No.: 0970-0154 Worker ID $IATT INCOME WITHHOLDING FOR SUPPORT Q ORIGINAL INCOME WITHHOLDING ORDERMOTICE FOR SUPPORT (IWO) O CJ 1 bl 9'53 Q AMENDEDIWO 0 Q ONE-TIMEORDER/NOTICE FOR LUMP SUM PAYMENT S r) TERMINATION OF IWO 41 ? I I ?_? as C)4 -L+gta Gill Date: 06/01/12 ? Child Support Enforcement (CSE) Agency ® Court ? Attorney ? Private Individual/Entity (Check One) NOTE: This IWO must be regular on its face. Under certain circumstances you must reject this IWO and return it to the sender (see IWO instructions httD //www acf hhs gov/proarams/-cse/newhire/employer/publication/publication htm - forms). If you receive this document from someone other than a State or Tribal CSE agency or a Court, a copy of the underlying order must be attached. StaterTribelTerritory Commonwealth of Pennsylvania Remittance laentnier tmcwae wipaymeny: vaav, V g u iJ City/County/Dist.rTribe CUMBERLAND Order Identifier: (See Addendum for order/docket lnformalton) Private Individual/Entity CSE Agency Case Identifier: (See Addendum for case summary) DEPT HEALTH & HUMAN SERVICE Sent Electronically DO NOT MAIL Employer/Income Withholder's FEIN 530196960 Child(ren)'s Name(s) (Last, First, Middle) Child(ren)'s Birth Date(s) RE: SPEARS JAMES V. JR Employee/Obligor's Name (Last, First, Middle) 025-54-4125 Employee/Obligor's Social Security Number (See Addendum for plaintiff names associated with cases on attachment) Custodial Party/Obligee's Name (Last, First, Middle) NOTE: This IWO must be regular on its face. Under certain circumstances you must reject this IWO and return it to the sender (see IWO instructions re! http://www.agf,bbs.oov proarams/cse/newhi employer/publication/publication.htm - form . If you receive this document from someone other than a State or Tribal CSE agency or a Court, a copy of the underlying order must be attached. 5301969600 See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This document is based on the support or withholding order from M D Gounty, commo nwealth of Pennsylvania (State/Tribe). You are required by law to deduct these amount" th@?mj31?1iee/ . obligor's income until further notice. , ' " ' -.; $ 995.00 permonth in current child support - G- $ 145.50 per month in past-due child support - Arrears 12 weeks or greater? O y ry;p no -, $ 0.00 per month in current cash medical support = $ 0.00 permonth in past-due cash medical support = rv $ 1,000.00 per month in current spousal support $ 0.00 per month in past-due spousal support $ 0.00 per month in other (must specify) for a Total Amount to Withhold of $ 2,140.50 per month. AMOUNTS TO WITHHOLD: You do not have to vary your pay cycle to be in compliance with the Order Information. If your pay cycle does not match the ordered payment cycle, withhold one of the following amount: $ 492.61 per weekly pay period. $ 1,070.25 per semimonthly pay period (twice a month) $ 985.22 per biweekly pay period (every two weeks) $ 2,140.50 per monthly pay period. $ Lump Sum Payment: Do not stop any existing IWO unless you receive a termination order. REMITTANCE INFORMATION: If the employee/obligor's principal place of employment is within the Commonwealth of Pennsylvania (State/Tribe), you must begin withholding no later than the first pay period that occurs n 10 working days after the date of this Order/Notice. Send payment within seven 7 working days of the pay date. If you cannot withhold the full amount of support for any or all orders for this employee/obligor, withhold up to 551/6 of disposable income for all orders. If the employee/obligor's principal place of employment is not within the Commonwealth of Pennsylvania (State/Tribe), the employer can obtain withholding limitations, time requirements, and any allowable employer fees at http://www acf hhs_.gov/programs/cse/newhire/emFoyer/contacts/contact map. htm for the employee/obligor's principal place of employment. Document Tracking Identifier Service Type M OMB No.: 0970-0154 Form EN-428 06/12 Worker ID $IATT ? Return to Sender [Completed by Employer/Income Withholder]. Payment must be directed to an SDU in accordance with 42 USC §666(b)(5) and (b)(6) or Tribal Payee (see Payments to SDU below). If payment is not directed to an SDU/Tribal Payee or this IWO is not regular on its face, you must check this box and return the IWO to the sender. Signature of Judge/Issuing Official (if required by State or Tribal law): Print Name of Judge/Issuing Official: Title of Judge/Issuing Official: Date of Signature: JUNE 1 2012 If the employee/obligor works in a State or for a Tribe that is different from the State or Tribe that issued this order, a copy of this IWO must be provided to the employee/obligor. ? If checked, the employer/income withholder must provide a copy of this form to the employee/obligor. ADDITIONAL INFORMATION FOR EMPLOYERSIINCOME WITHHOLDERS Pennsylvania law (23 PA C.S. § 4374(b)) requires remittance by an electronic 12ayment method if an employer is ordered to withhold income from more than one employee and employs 15 or more persons, or if an employer has a history of two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA TIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Emp/oyse/OWOgor's Case Idendfler) OR SOCIAL SECURITY NUhMER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. State-specific contact and withholding information can be found on the Federal Employer Services website located at: http:Hwww,acf.hhs.oov/12rQgrams/cc9/newhirelemployer/contacts/contarA mal2.htm Priority: Withholding for support has priority over any other legal process under State law against the same income (USC 42 §666(b)(7)). If a Federal tax levy is in effect, please notify the sender. Combining Payments: When remitting payments to an SDU or Tribal CSE agency, you may combine withheld amounts from more than one employee/obligor's income in a single payment. You must, however, separately identify each employee/ obligor's portion of the payment. Payments To SDU: You must send child support payments payable by income withholding to the appropriate SDU or to a Tribal CSE agency. If this IWO instructs you to send a payment to an entity other than an SDU (e.g., payable to the custodial party, court, or attorney), you must check the box above and return this notice to the sender. Exception: If this IWO was sent by a Court, Attorney, or Private Individual/Entity and the initial order was entered before January 1, 1994 or the order was issued by a Tribal CSE agency, you must follow the "Remit payment to" instructions on this form. Reporting the Pay Date: You must report the pay date when sending the payment. The pay date is the date on which the amount was withheld from the employee/obligor's wages. You must comply with the law of the State (or Tribal law if applicable) of the employee/obligor's principal place of employment regarding time periods within which you must implement the withholding and forward the support payments. Multiple IWOs: If there is more than one IWO against this employee/obligor and you are unable to fully honor all IWOs due to Federal, State, or Tribal withholding limits, you must honor all IWOs to the greatest extent possible, giving priority to current support before payment of any past-due support. Follow the State or Tribal law/procedure of the employee/obligor's principal place of employment to determine the appropriate allocation method. Lump Sum Payments: You may be required to notify a State or Tribal CSE agency of upcoming lump sum payments to this employee/obligor such as bonuses, commissions, or severance pay. Contact the sender to determine if you are required to report and/or withhold lump sum payments. Liability: If you have any doubts about the validity of this IWO, contact the sender. If you fail to withhold income from the employee/obligor's income as the IWO directs, you are liable for both the accumulated amount you should have withheld and any penalties set by State or Tribal law/procedure. Anti-discrimination: You are subject to a fine determined under State or Tribal law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against an employee/obligor because of this IWO. OMB Expiration Date - 05/31/2014. The OMB Expiration Date has no bearing on the termination date of the IWO; it identifies the version of the form currently in use. Form EN-428 06/12 Service Type M Paae 2 of 3 \A/nrleor Ir) @IATT KEVIN A HESS Employer's Name: DEPT HEALTH & HUMAN SERVICE Employer FEIN: 530196960 Employee/Obligor's Name: SPEARS JAMES V. JR 6290101613 CSE Agency Case Identifier: (See Addendum for case summary) Order Identifier: (See Addendum for order/docket Information) Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) (15 U.S.C. 1673(b)); or 2) the amounts allowed by the State or Tribe of the employee/obligor's principal place of employment (see REMITTANCE INFORMATION). Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; statutory pension contributions; and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family. However, those limits increase 5% - to 55% and 65% - if the arrears are greater than 12 weeks. If permitted by the State or Tribe, you may deduct a fee for administrative costs. The combined support amount and fee may not exceed the limit indicated in this section. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers/income withholders who receive a State IWO, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer/income withholder is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State or Tribal law, you may need to also consider the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. Arrears greater than 12 weeks? If the Order Information does not indicate that the arrears are greater than 12 weeks, then the Employer should calculate the CCPA limit using the lower percentage. Additional Information: NOTIFICATION OF EMPLOYMENT TERMINATION OR INCOME STATUS: If this employee/obligor never worked for you or you a no longer withholding income for this employee/obligor, an employer must promptly notify the CSE agency and/or the sender by returning this form to the address listed in the Contact Information below: 5301969600 Q This person has never worked for this employer nor received periodic income. O This person no longer works for this employer nor receives periodic income. Please provide the following information for the employee/obligor: Termination date: Last known address: Last known phone number: Final Payment Date To SDU/Tribal Payee: New Employer's Name: New Employer's Address: Final Payment Amount: CONTACT INFORMATION: To Employ2dincome Withholder: If you have any questions, contact WAGE ATTACHMENT UNIT (Issuer name) by phone at (717) 240-6225, by fax at (717) 240-6248, by email or website at: www childsuooort.state.pa.us. Send termination/income status notice and other correspondence to: DOMESTI RELATIONS SECTIQN, 13 N HANOVER ST. P O BOX 320, CARLISLE- PA. 17013 (Issuer address). To Employee/Obligor: If the employee/obligor has questions, contact WAGE ATTACHMENT UNIT (Issuer name) by phone at (717) 240-6225, by fax at (717) 240-6248, by email or website at www.childaupport.state.pa.us. IMPORTANT: The person completing this form is advised that the information may be shared with the employee/obligor. Service Type M OMB No.: 0970-0154 Page 3 of 3 Form EN-428 06/12 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: SPEARS, JAMES V. JR 580107953 SHARON N. SPEARS Docket Attachment Amount 00025 S 2006 $ 1,140.50 Child(ren)'s Name(s): DOB SAMUEL R. SPEARS 09/22/99 Docket Attachment mount $ 0.00 Child(ren)'s Name(s): DOB Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number 866111728 Plaintiff Name SHARON N. SPEARS Docket Attachment Amount 04-4962 CIVIL $ 1,000.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Addendum Form EN-428 06/12 Service Type M OMB No.: 0970-0154 Workar in ?IATT 4l 1111,,E 04-491Pa CIV?I Date: 06/12/12 r INCOME WITHHOLDING FOR SUPPORT O ORIGINAL INCOME WITHHOLDING ORDERINOTICE FOR SUPPORT (IWO) ?po I D -7 S3 Q AMENDEDIWO O J O ONE-TIMEORDERINOTICE FOR LUMP SUM PAYMENT Q TERMINATION OF IWO ? Child Support Enforcement (CSE) Agency ® Court ? Attorney ? Private Individual/Entity (Check One) NOTE: This IWO must be regular on its face. Under certain circumstances you must reject this IWO and return it to the sender (see IWO instructions hfp•//www acf hhs 94y/`r)mgrams/cse/newhire/employer/publication/publication htm - forms). If you receive this document from someone other than a State or Tribal CSE agency or a Court, a copy of the underlying order must be attached. Staterrriberrerritory Commonwealth of Pennsylvania Remittance Identifier (include w/payment): 6290101613 City/County/Dist./Tribe CUMBERLAND Order Identifier: (See Addendum for order/docket infwmalton) Private Individual/Entity CSE Agency Case Identifier: (See Addendum for case summary) DEPT HEALTH & HUMAN SERVICE Sent Electronically DO NOT MAIL Employer/Income Withholder's FEIN 530196960 Child(ren)'s Name(s) (Last, First, Middle) Child(ren)'s Birth Date(s) RE: SPEARS. JAMES V. JR Employee/Obligor's Name (Last, First, Middle) 025-54-4125 Employee/Obligor's Social Security Number (See Addendum for plaintiff names associated with cases on attachment) Custodial Party/Obligee's Name (Last, First, Middle) NOTE: This IWO must be regular on its face. Under certain circumstances you must reject this IWO and return it to the sender (see IWO instructions http:acf.hhs.goviprograms/cse/newhire/ employer/publication/nublication.htm - form . If you receive this document from someone other than a State or Tribal CSE agency or a Court, a copy of the underlying order must be attached. 5301969600 See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This document is based on the support or withholding order from CUMBERLAND County, Commonwealth of Pennsylvania (State/Tribe). You are required by law to deduct these amounts froRthpAmptpyee/ obligor's income until further notice. (,-- :7, $ 995.00 per month in current child support $ 0.00 per month in past-due child support - Arrears 12 weeks or greater? O ye ?j cn l? -- $ 0.00 per month in current cash medical support C ) -t , _,. $ 0.00 per month in past-due cash medical support c A $ 1,000.00 per month in current spousal support $ 0.00 per month in past-due spousal support ""-CD ' $ 0.00 permonth in other (must specify) _r f for a Total Amount to Withhold of $ 1,995.00 per month. AMOUNTS TO WITHHOLD: You do not have to vary your pay cycle to be in compliance with the Order Information. If your pay cycle does not match the ordered payment cycle, withhold one of the following amount: $ 459.12 per weekly pay period. $ 997.50 per semimonthly pay period (twice a month) $ 918.25 per biweekly pay period (every two weeks) $ 1,995.00 per monthly pay period. $ Lump Sum Payment: Do not stop any existing IWO unless you receive a termination order. REMITTANCE INFORMATION: If the employee/obligor's principal place of employment is within the Commonwealth of Pennsylvania (State/Tribe), you must begin withholding no later than the first pay period that occurs n 10 working days after the date of this Order/Notice. Send payment within seven working days of the pay date. If you cannot withhold the full amount of support for any or all orders for this employee/obligor, withhold up to 5% of disposable income for all orders. If the employee/obligor's principal place of employment is not within the Commonwealth of Pennsylvania (State/Tribe), the employer can obtain withholding limitations, time requirements, and any allowable employer fees at http://www,acf.hhs,gov/programs/cse/newhire/emFoyer/contacts/contact map hhm for the employee/obligor's principal place of employment. Document Tracking Identifier OMB No.: 0970-0154 Form EN-428 06/12 Service Type M Worker ID $IATT ? Return to Sender [Completed by Employer/Income Withholder]. Payment must be directed to an SDU in accordance with 42 USC §666(b)(5) and (b)(6) or Tribal Payee (see Payments to SDU below). If payment is not directed to an SDU/Tribal Payee or this IWO is not regular on its face, you must check this box and return the IWO to the sender. Signature of Judge/Issuing Official (if required by State or Tribal law): KEVIN A MESS Print Name of Judge/Issuing Official: Title of Judge/Issuing Official: Date of Signature: JUNE 12, 2012 If the employee/obligor works in a State or for a Tribe that is different from the State or Tribe that issued this order, a copy of this IWO must be provided to the employee/obligor. ? If checked, the employer/income withholder must provide a copy of this form to the employee/obligor. ADDITIONAL INFORMATION FOR EMPLOYERVINCOME WITHHOLDERS Pennsylvania law (23 PA C.S. § 4374(b)) requires remittance by an eiactronic payment method If an employer is ordered to withhold Income from more than one employee and amp" 15 or more persons, or if an employer has a history of two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877.676458Q for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCQU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER /D (shown above as the E loyesICIWIgoes Case /dentltler) OR SOCIAL SECURITY NUIi R IN ORDER TO BE PROCESSED. 00 NOT SEN>fl CASH BY MAIL. State-specific contact and withholding information can be found on the Federal Employer Services website located at: hit :/? .acf.hhs.goy/pMMmalose/newhire/employrer/contac contacct map htm Priority: Withholding for support has priority over any other legal process under State law against the same income (USC 42 §666(b)(7)). If a Federal tax levy is in effect, please notify the sender. Combining Payanenft: When remitting payments to an SDU or Tribal CSE agency, you may combine withheld amounts from more than one employee/obligor's income in a single payment. You must; however, separately identify each employee/ obligor's portion of the payment. Payments To SDU: You must send child support payments payable by income withholding to the appropriate SDU or to a Tribal CSE agency. If this IWO instructs you to send a payment to an entity other than an SDU (e.g., payable to the custodial party, court, or attorney), you must check the box above and return this notice to the sender. Exoeption: If this IWO was sent by a Court, Attorney, or Private Individual/Entity and the initial order was entered before January 1, 1994 or the order was issued by a Tribal CSE agency, you must follow the "Remit payment to" instructions on this form. Reporting the Pay Date: You must report the pay date when sending the payment. The pay date is the date on which the amount was withheld from the employee/obligor's wages. You must comply with the law of the State (or Tribal law if applicable) of the employee/obligor's principal place of employment regarding time periods within which you must implement the withholding and forward the support payments. Multiple IWO*: If there is more than one IWO against this employee/obligor and you are unable to fully honor all IWOs due to Federal, State, or Tribal withholding limits, you must honor all IWOs to the greatest extent possible, giving priority to current support before payment of any past-due support. Follow the State or Tribal law/procedure of the employee/obligor's principal place of employment to determine the appropriate a location method. Lump Sum Payments: You may be required to notify a State or Tribal CSE agency of upcoming lump sum payments to this employee/obligor such as bonuses, commissions, or severance pay. Contact the sender to determine if you are required to report and/or withhold lump sum payments. Liability: If you have any doubts about the validity of this IWO, contact the sender. If you fail to withhold income from the employee/obligor's income as the IWO directs, you are liable for troth the accumulated amount you should have withheld and any penalties set by State or Tribal law/procedure. Anti-discrimination: You are subject to a fine determined under State or Tribal law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against an employee/obligor because of this IWO. OMB Expiration Date - 05/31/2014. The OMB Expiration Date has no hearing on the termination elate of the IWO; it identifies the version of the form currentty in use. Form EN-428 06/12 Service Type M Page 2 of 3 Worker ID $IATT 91 Employer's Name: DEPT HEALTH & HUMAN SERVICE Employer FEIN: 530196960 Employee/Obligor's Name: SPEARS, JAMES V. JR 6290101613 CSE Agency Case Identifier: (See Addendum for case summary) Order Identifier: (See Addendum for order/docket information) Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) (15 U.S.C. 1673(b)); or 2) the amounts allowed by the State or Tribe of the employee/obligor's principal place of employment (see REMITTANCE INFORMATION). Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; statutory pension contributions; and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family. However, those limits increase 5% - to 55% and 65% - if the arrears are greater than 12 weeks. If permitted by the State or Tribe, you may deduct a fee for administrative costs. The combined support amount and fee may not exceed the limit indicated in this section. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers/income withholders who receive a State IWO, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer/income withholder is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State or Tribal law, you may need to also consider the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. Arrears greater than 12 weeks? If the Order Information does not indicate that the arrears are greater than 12 weeks, then the Employer should calculate the CCPA limit using the lower percentage. Additional Information: NOTIFICATION OF EMPLOYMENT TERMINATION OR INCOME STATUS: If this employee/obligor never worked for you or you no longer withholding income for this employee/obligor, an employer must promptly notify the CSE agency and/or the sender by returning this form to the address listed in the Contact Information below: 5301969600 Q This person has never worked for this employer nor received periodic income. O This person no longer works for this employer nor receives periodic income. Please provide the following information for the employee/obligor: Termination date: Last known phone number: Last known address: Final Payment Date To SDU/Tribal Payee: New Employer's Name: Final Payment Amount: New Employer's Address: CONTACT INFORMATION: To Em looyerAncome Withholder: If you have any questions, contact WAGE ATTACHMENT UNIT (Issuer name) by phone at (717) 240-6225, by fax at (717) 240-6248, by email or website at: www.childsupport.state.pa.us. Send termination/income status notice and other correspondence to: DOMESTIC RELATIONS SECTION, 13 N. HAN VIER ST. P.O. BOX 320, CARLISLE PA 17013 (Issuer address). To Employee/Obligor: If the employee/obligor has questions, contact WAGE ATTACHMENT UNIT (Issuer name) by phone at (717) 240-6225, by fax at (717) 240-6248, by email or website at www childsupportstate a us. IMPORTANT: The person completing this form is advised that the information may be shared with the employee/obligor. Service Type M OMB No.: 0970-0154 Page 3 of 3 Form EN-428 06/12 Worker ID $IATT ADDENDUM Summary of Cases on Attac awnt Defondant/Obl gor: SPEARS, JAMES V. JR 580107953 SHARON N.' SPEARS Docket 00025 S 2006 $ 995100 Child(ren)'s Name(s): DOB SAMUEL R. SPEARS 09122/99 PACSES Case Number 866111728 Plaintiff Nam SHARON N. SPEARS Docket A=hmeat Amojjnt 04-4962 CIVIL $ 1,000.00 Child(ren)'s Name(s): DOB PACSES Case Number PACSES Case Number Plaintiff Name Plainfiff Name Docks Attachment Amount Aftachmant A=n $ 0.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB PACSES Case Number PACSES Camber Plaintiff Name Plaintiff Name Docket Attachment Amount Docket Attachment Amoun# $ 0.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB Service Type M Addendum OMB No.: 0970-0154 Form EN-428 06112 Worker ID $IATT