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HomeMy WebLinkAbout04-5578BRENDA A. WYLIE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY/,, PENNA V. : NO. c)q^ s?'700 RICHARD D. WYLIE, Defendant CIVIL ACTION - LAW IN DIVORCE NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following papers, 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 the Cumberland County Court House, One Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Phone: (7 BRENDA A. WYLIE, Plaintiff V. RICHARD D. WYLIE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA .NO. CIVIL ACTION - LAW IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING To the Within Named Defendant: You have been named as the Defendant 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 decree being handed down by the Court. A list of professional marriage counselors is available at the Office of the Prothonotary, One Courthouse Square, 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 (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. Prothonotary BRENDA A. WYLIE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENN?A V. :NO. C Y4 .S SM? GO RICHARD D. WYLIE, : CIVIL ACTION - LAW Defendant : IN DIVORCE COMPLAINT UNDER SECTION 3301 OF THE DIVORCE CODE 1. Plaintiff is Brenda A. Wylie, social security no. 162-46-7227, who currently resides at 801 Bridge Street, Apartment B, New Cumberland, Cumberland County, Pennsylvania 17070. 2. Defendant is Richard D. Wylie, social security no. 167-40-0002, who currently resides at 304 Thorley Road, New Cumberland, York County, Pennsylvania 17070. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on September 26, 1979, in Lower Allen Township, Pennsylvania. 5. There have been no prior actions for divorce or annulment between the parties. 6. The Plaintiff is a citizen of the United States of America. 7. The Defendant is not a member of the Armed Services of the United States of America or its Allies. 8. The marriage is irretrievably broken. 9. The Plaintiff has been advised of the availability of counseling and that the Plaintiff may have the right to request that the Court require the parties to participate in counseling. The parties to this action have been separated since June 30, 2004. 10. Plaintiff requests the Court to enter a Decree in Divorce. 11. This action is not collusive. COUNT II CLAIM FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3502 OF THE DIVORCE CODE 12. Plaintiff and Defendant are the owners of various real and personal property, motor vehicles, bank accounts and insurance policies acquired during their marriage which are subject to equitable distribution by this Court. COUNT III CLAIM FOR ALIMONY UNDER SECTION 3701 OF THE DIVORCE CODE 13. Plaintiff is unable to support herself through appropriate employment. 14. Plaintiff lacks sufficient property and income to provide for her/his reasonable needs. COUNT IV CLAIM FOR ALIMONY PENDENTE LITE, COUNSEL FEES AND EXPENSES UNDER SECTION 3702 OF THE DIVORCE CODE 15. Plaintiff does not have sufficient funds to support herself and pay the counsel fees and expenses incidental to this action. 16. Defendant is full and well able to pay Plaintiff alimony pendente lite, counsel fees and expenses incidental to this divorce action. WHEREFORE, the Plaintiff requests the Court to enter a Decree: a. dissolving the marriage between the Plaintiff and Defendant; b. equitably distributing all property owned by the parties hereto; C. directing the Defendant to pay alimony to Plaintiff; d. directing the Defendant to pay alimony pendente lite, Plaintiffs counsel fees and the cost of this suit; and e. for such further relief as the Court may determine equitable and just. JAMES, SMITH, DIETTERRICK & CONNELLY Date rQ_ c7q-Uq Iffice o ell Jr., Esquire fo ntiff Box 650 Hershey, PA 17033 (717) 533-3280 PA I.D. No. 15615 VERIFICATION I verify that the statements made in this Pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities. Date: t v ` -494 r, SL, 0 0 0 Li a r 4 1-1 c C.rl ,11' 04- 5V8 C--.V-.l 1)10N.nno2Q S 2004 BRENDA A, WYLIE PLAINTIFF : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V CIVIL ACTION RICHARD D. WYLIE, DEFENDANT: ORDER OF COURT And now, this day of 2005 , upon consideration of the attached petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J. Shadday on at for a conference, after which the conference officer may recommend that an order for Alimony Pendente Lite be entered. You are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed. (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11(c) (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you If you fail to appear for the conference of to/bring the required documents, the court may issue a warrant for you arrest. BY THE COURT, Harold E. Sheely, President Judge Date of Order: Conference Officer YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. Court Administrator Fourth Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 (717) 240-6200 AMERICANS \VITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court Ydu must attend the scheduled conference or hearing. BRENDA A. WYLIE, : COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNA V. : NO. 04 - 5578 CIVIL TERM RICHARD D. WYLIE, CIVIL ACTION - LAW Defendant : IN DIVORCE PETITION FOR ALIMONY PENDENTE LITE AND COUNSEL FEES AND EXPENSES AND NOW, comes the Plaintiff, Brenda A. Wylie, by her attorney, John J. Connelly, Jr., Esquire, and petitions this Honorable Court for alimony pendente lite, counsel fees and expenses relevant to her Complaint in Divorce, and in support thereof, respectfully represents as follows: The Plaintiff filed a Divorce Complaint in the above-captioned matter on November 5, 2004 in which a claim for Alimony Pendente Lite was raised. 2. By reason of this action, Plaintiff has incurred considerable expense in the preparation of her case and the employment of counsel and the payment of costs. 3. The Plaintiff is without sufficient funds to support herself and to meet the costs and expenses of this litigation. 4. Plaintiffs income is not sufficient to provide for her reasonable needs and to pay her attorneys' fees and the cost of this litigation and she is unable to appropriately maintain herself during the pendency of this action. 5. Defendant has adequate earnings to provide for the Plaintiffs support and to pay her counsel fees, costs and expenses. WHEREFORE, Plaintiff prays this Honorable court enter an Order awarding her alimony pendente lite, counsel fees, costs and expenses. Respectfully submitted, JAMES, SMITH, DIETTERICK & CONNELLY Date: _-? By: Jol y e Plaintiff Jr., e Plai aintiff Post Office Box 650 Hershey, PA 171033 (717) 533-3280 PA I.D. No. 15615 VERIFICATION I verify that the statements made in this Pleading 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: O 6 ? -&x(L (kpwy?L Brenda A. Wylie, Plaintiff 'J?? BRENDA A. WYLIE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNA V. : NO. 04 - 5578 CIVIL TERM RICHARD D. WYLIE, CIVIL ACTION - LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE I, John J. Connelly, Jr., Esquire, of James, Smith, Dietterick & Connelly, LLP attorney for the Plaintiff, Brenda A. Wylie, hereby certify that I have served a copy of the foregoing Petition for Alimony Pendente Lite and Counsel Fees and Expenses on the following on the date and in the manner indicated below: VIA FACSIMILE AND U.S MAIL FIRST CLASS, PRE-PAID James G. Keenan, Esquire Hoffineyer & Semmelman 30 North George Street York, PA 17401 Facsimile 717-852-8780 Attt4rney for amtif Post Office ox 650 Hershey, PA 17033 (717) 533-3280 PA I.D. No. 15615 Date: ` U s JAMES, SMITH, DIETTERICK & CONNELLY LLP By: L' J. CpnndJly, Jr., BRENDA A. WYLIE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 04 -5578 RICHARD D. WYLIE, CIVIL ACTION- LAW Defendant IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN ss. AND NOW, this 22nd day of November, 2004, personally appeared before me, a Notary Public in and for the State and County aforementioned, John J. Connelly, Jr., Esquire, who, being duly sworn according to law, deposes and says that a copy of the Divorce Complaint was served on the Defendant, Richard D. Wylie, on November 18, 2004, by certified mail number 7002 0860 0004 2142 0297, as evidenced by the return receipt card attached hereto and made a part hereof. Sworn to and subscribed before me this day of lbt-i 2005. Notary Public SYLVANIA Ntltafol seal {eiifi i- kfimr, ublic Notary P l?Ry f* p., 41aiphin County ?4y E:W0R6thW Expires Mar. 3, 2008 n?6®?- svtr?eaca As406"w of Notaries ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 7. Article Addressed to: kIOHH(-[) b. OL(E Nth) C1um6c c o l Vid A. X Received by Is delivery address different from item 1? If YES, enter delivery address below: 0 Agent 3. Service Type Xertified Mail 0 Express Mail 0 Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) Yes 2. Number (Transfer (rrom am service label) 7002 0860 0004 2142 0297 PS Form 3811, August 2001 Domestic Return Receipt 102595-02-M-1035 BRENDA A. WYLIE, Plaintiff/Petitioner VS. RICHARD D. WYLIE, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 2004-5578 CIVIL TERM IN DIVORCE PACSES# 482107213 ORDER OF COURT AND NOW, this 15`h day of April, 2005, based upon the Court's determination that Petitioner's monthly net income/earning capacity is $1,583.28 and Respondent's monthly net income/earning capacity is $3,343.80, it is hereby Ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit, $704.00 per month payable monthly as follows; $704.00 for alimony pendente lite and $0.00 on arrears. First payment due next pay date. Arrears set at $704.00 as of April 15, 2005. The effective date of the order is March 18, 2005. Husband is to pay the retroactive arrears of $704.00, directly to his wife, and she shall report to the Domestic Relations Section the amount that she was paid to her in order that the account can be credited. There is a deviation of the support guideline amount pursuant to the respondent commuting to Philadelphia for employment and having travel expenses. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa.C.S.§ 3703. Further, if the Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and its discretion make an appropriate Order, including, but not limited to, commitment of the Respondent to prison for a period not to exceed six months. Said money to be turned over by the PA SCDU to: Brenda A. Wylie. Payments must be made by check or money order. All checks and money orders must be made payable to PA SCDU and mailed to: PA SCDU P.O. Box 69110 Harrisburg, PA 17106-9110 Payments must include the defendant's PACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. F 1 Unreimbursed medical expenses that exceed $250.00 annually are to be paid as follows: 0% by Respondent and 100% by Petitioner. The Petitioner is responsible to pay the first $250.00 annually in unreimbursed medical expenses. Respondent and Petitioner to provide medical insurance coverage. Within thirty (30) days after the entry of this Order, the Respondnet and Petitioner shall submit written proof that medical insurance coverage has been obtained or that application for coverage has been made. Proof of coverage shall consist, at minimum, of. 1) the name of the health care coverage provider(s); 2) any applicable identification numbers; 3) any cards evidencing coverage; 4) the address to which claims should be made; 5) a description of any restrictions on usage, such as prior approval for hospital admissions, and the manner of obtaining approval; 6) a copy of the benefit booklet or coverage contract; 7) a description of all deductibles and co-payments; and 8) five copies of any claim forms. This Order shall become final ten days after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Prothonotary for a hearing de novo before the Court. DRO: R. J. Shadday BY THE COURT, Mailed topics on Petitioner 4-18-05: < Respondent John Connelly, Jr., Esquire James Keenan, Esquire Edgar C&I ]_ <--. ?? - ;; -? _: ;,_-, , _ -, ? ?, ?;'.:; ! ?,> , ?:> ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dirt. of CUMBERLAND Date of Order/Notice 04/15/05 Case Number (See Addendum for case summary) Employer/Withholder's Federal FIN Number 0 Original Order/Notice O Amended Order/Notice O Terminate Order/Notice RE: WYLIE. RICHARD D. VANE LINE BUNKERING INC 2100 FRANKFURST AVE ry BALTIMORE MD 21226-1026 ZQpy?7s ell a11dsis f hl,. )7. -r'3 Employee/Obligor's Name (Last, First, MI) 167-40-0002 Employee/Obligor's Social Security Number 2845101405 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 704. oo per month in current support $ o . 00 per month in past-due support Arrears 12 weeks or greater? Q yes \(-D/ no $ 0. oo per month in current and past-due medical support $ 0.00 per month for genetic test costs $ per month in other (specify) for a total of $ 704.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 162 .46 per weekly pay period. $ 324.92 per biweekly pay period (every two weeks). $ 352. oo per semimonthly pay period (twice a month). $ 704. oo per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, 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. Date of Order: BY THVURT:101V 7oo1 F EN-028 Service Type M OMB No.: 0970-0154 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? Ifheckefl you are required to provide a copy of this form to your mployee. If yo r employee works in a state that is di erent frrom the state that issued this order, a copy must be provi?ed to your employee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employeelobligor. 3.* . -The- paydat?'date of withholding is the date on which-arnount vvw withheld front You must comply with the law ofthe state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 5215726740 EMPLOYEE'S/OBLIGOR'S NAME: WYLIE, RICHARD D. EMPLOYEE'S CASE IDENTIFIER: 2845101405 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Antidiscrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.C. §1673 (b)1; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. For tribal orders, you may not withhold more than the amounts allowed under the law of the issuing tribe. For tribal employers who receive a state order, you may not withhold more than the amounts allowed under the law of the state that issued the order. 10. Additional Info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Submitted By: If you or your employee/obligor have any questions, DOMESTIC RELATIONS SECTION contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST by telephone at (717) 240-6225 or P.O. BOX 320 by FAX at (717) 240-6248 or CARLISLE PA 17013 by internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Service Type M OMB N., 0970-0154 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/obligor.. WYLIE, RICHARD D. PACKS Case Number 482107213 PACKS Case Number Plaintiff Name Plaintiff Name BRENDA A. WYLIE Docket Attachment Amount Docket Attachment Amount 04-5578 CIVIL$ 704.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB ® If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. ? If checked, you are required to enroll the child(reN ?ffchecked, you are required to enroll the child(ren) identified above in any health insurance coverage available identified above in any health insurance coverage available through the employee's/obligor's employment. through the employee's/obligor's employment. Addendum Form EN-028 Service Type r4 Worker ID $IATT OMB No. 69J0-0154 t 1 r,_r n ORDER OF COURT You, BRENDA ALEXANDER WYLIE plaintiff/defendant of APT B, 801 BRIDGE ST, NEW CUMBERLAND, PA. 17070-1626-01 are ordered to appear at DOMESTIC RELATIONS HEARING RM In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION BRENDA A. WYLIE ) Docket Number 04-5578 CIVIL Plaintiff ) vs. ) PACSES Case Number 482107213 RICHARD D. WYLIE ) Defendant ) Other State 1D Number DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 before a hearing officer of the Domestic Relations Section, on the MAY 23, 2005 at 9 : ooAM for a hearing. You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. verification of child care expenses, and 4. proof of medical coverage which you may have, or may have available to you 5. information relating to professional licenses 6. other: Service Type M Form CM-509 Worker ID 21302 WYLIE V. WYLIE PACSES Case Number: 482107213 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest or enter an order in your absence. If paternity is an issue, the court may enter an order establishing paternity. The appropriate court officer may enter an order against either party based upon the evidence presented without regard to which party initiated the support action. BY THE COURT: Date of Order: y- JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 240-6225 . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Page 2 of 2 Form CM-509 Service Type M Worker ID 21302 _i1 as ?`.:.-. 17, :-? In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION BRENDA A. WYLIE ) Docket Number 04-5578 CIVIL Plaintiff ) vs. ) PACSES Case Number 482107213 RICHARD D. WYLIE ) Defendant ) Other State ID Number ORDER OF COURT You, RICHARD DAVID WYLIE plaintiff/defendant. of 304 THORLEY RD, NEW CUMBERLAND, PA. 17070-3132-04 are ordered to appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 before a hearing officer of the Domestic Relations Section, on the MAY 23, 2005 at 9: ooAM for a hearing. You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. verification of child care expenses, and 4, proof of medical coverage which you may have, or may have available to you 5, information relating to professional licenses 6, other: Service Type M Form CM-509 Worker ID 21302 WYLIE If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest or enter an order in your absence. If paternity is an issue, the court may enter an order establishing paternity. The appropriate court officer may enter an order against either party based upon the evidence presented without regard to which party initiated the support action. BY THE COURT: Date of Order: L) 7\0? JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. V. WYLIE CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 PACSES Case Number: 482107213 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 240-6225 . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Service Type M Page 2 of 2 Form CM-509 Worker ID 21302 ra ? _? ..ii 11 . y, ._{ ^? ill n» 1 "' !_, BRENDA A. WYLIE, Plaintiff V. RICHARD D. WYLIE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 2004-5578 CIVIL TERM IN DIVORCE PACSES #482107213 NOTICE OF APPEAL AND DEMAND FOR HEARING Brenda A. Wylie, Plaintiff, in the above-captioned matter, by her attorneys, James, Smith, Dietterick & Connelly, LLP, hereby appeals from the Order of Alimony Pendente Lite dated April 15, 2005. This Notice will serve as Plaintiff's demand for a hearing before this Honorable Court. Dated: a?? OS By: Respectfully submitted, JAMES, SMITH, DIETTERICK & CONNELLY,LLP 4ohn o Ily, Jr. A`tt ID 15615 P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 Attorneys for Plaintiff BRENDA A. WYLIE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - DIVORCE NO. 2004-5578 CIVIL TERM RICHARD D. WYLIE, IN DIVORCE Defendant PACSES #482107213 CERTIFICATE OF SERVICE I, John J. Connelly, Jr., Esquire, of James, Smith, Dietterick & Connelly, LLP, attorney for the Plaintiff, Brenda A. Wylie, hereby certify that I have served a copy of the foregoing Notice of Appeal and Demand for Hearing on the following on the date and in the manner indicated below: U.S MAIL, FIRST CLASS, PRE-PAID James G. Keenan, Esquire Hoffineyer & Semmelman 30 North George Street York, PA 17401 JAMES, SMITH, DIETTERICK & CONNELLY, LLP v Dated: 2 S By: J C elly, Jr. o v I. . #1561 P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 t~ V M1? V1 c7. V r.o ..? - cn Tf ro :: In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION BRENDA A. WYLIE ) Docket Number 04-5578 CIVIL Plaintiff ) vs. ) PACSES Case Number 482107213 RICHARD D. WYLIE ) Defendant ) Other State ID Number ORDER OF COURT - RESCHEDULE A HEARING You, RICHARD DAVID WYLIE 304 THORLEY RD, NEW CUMBERLAND, PA. 17070-3132-04 are ordered to appear at DOMESTIC RELATIONS HEARING RM of DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 on the 13TH DAY OF JUNE, 2005 the prior hearing date of MAY 23 , 2005 at y : o oAM fora hearing. This date replaces You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income and Expense Statement attached to this order as required by Rule 1910.11 (c). 4. verification of child care expenses, and 5. proof of medical coverage which you may have, or may have available to you 6. information relating to professional licenses 7. other: Service Type M Form CM-514 WorkerlD 21302 WYLIE V. WYLIE PACSES Case Number: 482107213 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest or enter an order in your absence. If paternity is an issue, the court may enter an order establishing paternity. The appropriate court officer may enter an order against either party based upon the evidence presented without regard to which party initiated the support action. BY THE COURT: Date of Order: ?-j -7-o j (i ?r, 1 )C" JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 240-6225 . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Page 2 of 2 Form CM-514 Service Type M Worker ID 21302 Y"" -.. ?.? In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION BRENDA A. WYLIE ) Docket Number 04-5578 CIVIL Plaintiff ) vs. ) PACSES Case Number 482107213 RICHARD D. WYLIE Defendant ) Other State ID Number ORDER OF COURT - RESCHEDULE A HEARING You, BRENDA ALEXANDER WYLIE Of APT B, 801 BRIDGE ST, NEW CUMBERLAND, PA. 17070-1626-01 are ordered to appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 On the 13TH DAY OF JUNE, 2005 at 9: ooAM fora hearing. This date replaces the prior hearing date of MAY 23 , 2005 You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income and Expense Statement attached to this order as required by Rule 1910.11 (c). 4. verification of child care expenses, and 5. proof of medical coverage which you may have, or may have available to you 6. information relating to professional licenses 7. other: Service Type M Form CM-514 WorkerlD 21302 ti WYLIE V. WYLIE PACSES Case Number: 482107213 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest or enter an order in your absence. If paternity is an issue, the court may enter an order establishing paternity. The appropriate court officer may enter an order against either party based upon the evidence presented without regard to which party initiated the support action. BY THE COURT: Date of Order: JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBER comply with the Americans with Disabilities Act of I facilities and reasonable accommodations available to before the court, please contact our office at: (717) made at least 72 hours prior to any hearing or business scheduled hearing. LAND County is required by law to 990. For information about accessible disabled individuals having business 240-6225 . All arrangements must be before the court. You must attend the Page 2 of 2 Form CM-514 Service Type M Worker ID 21302 ?? r 5 (. _1 CT BRENDA A. WYLIE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION RICHARD D. WYLIE, PACSES NO. 952106811 Defendant DOCKET NO. 929 SUPPORT 2004 BRENDA A. WYLIE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION RICHARD D. WYLIE, PACSES NO. 482107213 Defendant DOCKET NO. 04-5578 CIVIL INDEX OF EXHIBITS Plaintiff's Exhibit No. 1 - Earnings statement Plaintiff's Exhibit No. 2 - Income and expense statement Defendant's Exhibit No. 1 - Earnings statements Defendant's Exhibit No. 2 - 2004 federal income tax return ? ti _ ? o u ? -.,?, :v -,?€; ? ? ?-? ,- ?? • ?? _,. ;__? JCi f ? BRENDA A. WYLIE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY. PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION RICHARD D. WYLIE, PACSES NO. 952106811 Defendant DOCKET NO. 929 SUPPORT 2004 BRENDA A. WYLIE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION RICHARD D. WYLIE, PACSES NO. 482107213 Defendant DOCKET NO. 04-5578 CIVIL INTERIM ORDER OF COURT AND NOW, this 22nd day of June, 2005, 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. The Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit as alimony pendente lite the sum of $804.00 per month. B. The Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit the additional sum of $100.00 per month on arrearages. C. The effective date of this order is March 18, 2005. D. The Plaintiff's complaint for spousal support is dismissed. 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 Master's 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 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. ,. \ 1c, Q Edgar B. Bayley, J. Cc: Brenda A. Wylie Richard D. Wylie John J. Connelly, Jr., Esquire For the Plaintiff James G. Keenan, Esquire For the Defendant DRO BRENDA A. WYLIE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION RICHARD D. WYLIE, PACSES NO. 952106811 Defendant DOCKET NO. 929 SUPPORT 2004 BRENDA A. WYLIE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION RICHARD D. WYLIE, PACSES NO. 482107213 Defendant DOCKET NO. 04-5578 CIVIL SUPPORT MASTER'S REPORT AND RECOMMENDATION Following a hearing held before the undersigned Support Master on June 13, 2005 the following report and recommendation are made: FINDINGS OF FACT 1. The Plaintiff in both actions is Brenda A. Wylie, who resides at 801 Bridge Street, Apartment B, New Cumberland, Pennsylvania. 2. The Defendant is Richard D. Wylie, who resides at 304 Thorley Road, New Cumberland, Pennsylvania. 3. The parties were married on September 29, 1979. 4. The parties have two children ages 22 and 19. 5. The Plaintiff moved from the marital residence on October 1, 2004.' 6. On October 11, 2004 the Plaintiff filed a complaint for spousal support. 7. On November 5, 2004 the Plaintiff filed a complaint in divorce which contained a claim for alimony pendente lite. 8. On March 18, 2005 the Plaintiff requested a hearing on the issue of alimony pendente lite. i Prior to her departure from the residence the Plaintiff had stopped sharing a bedroom with her husband. EXHIBIT "A" i1G(l)1 9. During the summer of 2004 the Plaintiff advised the Defendant that she wanted to end the marriage, and the parties discussed property settlement issues. 10. The Plaintiff had been growing increasingly unhappy in the marriage over the past several years. 11. The Defendant is a merchant mariner who generally was at sea for two weeks and at home for two weeks. 12. Many of the arguments which occurred between the parties was the result of the Defendant's expressed dissatisfaction with the failure of the parties' sons to properly perform chores during the two weeks the Defendant was at sea. 13. The Plaintiff also expressed displeasure that the Defendant took several motorcycle-related vacations during the year. 14.The Plaintiff moved from the marital residence during a period of time when the Defendant was at sea and gave the Defendant no advance notice of her intention to do so. 15. The Plaintiff suffers from irritable bowel syndrome. 16.The Plaintiff's condition generally worsened when the parties argued. 17. The Plaintiff is employed by the West Shore School District. 18. Prior to November, 2004 the Plaintiff worked only during the school year as a secretary in the special education department. 19. In November, 2004 the Plaintiff was promoted to her present position which is a full-time year round position in the special education department. 20. The Plaintiff earns a bi-weekly salary of $1,000.59. 21.The Plaintiff has a non-voluntary retirement deduction of $75.04 bi-weekly. 22. The Plaintiff will file her federal income tax return for 2005 as married/separate. 23. The Defendant is employed as a merchant mariner by Vane Line Bunkering, Inc. 24. The Defendant is paid $333.51 per day for each day at sea and receives his pay every four weeks. 2 25. The Defendant's gross pay for a 28 day cycle is $4,669.14. 26. The Defendant will file his federal income tax return as married/separate for 2005. 27. The parties' younger son is a college student. 28. The parties have no agreement with respect to which party will claim their son as a dependency exemption. DISCUSSION A dependent spouse is entitled to support until it is proven that conduct on the part of the dependent spouse constitutes grounds for a fault divorce. Crawford v. Crawford, 633 A.2d. 155 (Pa. Super. 1993). However, when a dependent spouse vacates the marital residence voluntarily and without the consent of his or her spouse, the dependent spouse bears the burden of proving that he or she had adequate legal cause to depart the home to establish entitlement to an order of spousal support. McKolanis v. McKolanis, 644 A2d. 1256 (Pa. Super. 2004). The term "adequate legal cause" for leaving the home is not subject to an exact definition but rather must be determined by the facts on a case-by-case basis. Glendenning v. Glendenning, 572 A.2d. 18 (Pa. Super. 1990). The conduct must be more than a mere allegation that the offending spouse has made the claimant's life unbearable without providing support facts, Martin v. Martin, 423 A.2d. 6 (Pa. Super. 1980), but the conduct need not rise to the same level as required to constitute grounds for a fault divorce. Rock v. Rock, 560 A.2d. 199 (Pa. Super. 1989). In the present case the Plaintiff testified that the marital relationship had deteriorated over the past several years because the Defendant complained that the Plaintiff was not adequately supervising their sons in performance of chores while he was away from home on his job as a merchant mariner. She alleged that he called her "dumb" and "stupid," that he raised his voice, that he would curse on occasion, and that she felt "belittled." She testified further that she no longer loved her husband, that she told her husband she wanted to end the marriage, that her medical problem, irritable bowel syndrome, worsened when the parties argued, and that she felt the atmosphere in the home was too "unhealthy" for her sons. The Defendant frankly admitted that it upset him when his sons failed to perform chores when he was away and occasionally raised his voice with his wife, but strongly denied calling her "dumb" or "stupid" or cursing at her. He testified further that he was shocked when she moved from the home when he was at sea and that he lost considerable weight and began grinding his teeth after being informed by his wife that she wanted a divorce. The Plaintiff called a social worker as a witness who testified that the Plaintiff had complained about the Defendant's conduct to her, but this witness, who was also a social acquaintance of the parties, had never observed the Defendant commit any of the conduct of which the Plaintiff complained. While it is true that "a spouse who over a period of time suffers psychological oppression may be harmed as much as a spouse who suffers physical injury," Clendenninq v. Clendenninq, supra. at 21, in the opinion of this Master, the Plaintiff has not met her burden of establishing adequate legal cause to vacate the marital residence. While the Defendant's conduct with his wife may not have been conducive to wedded bliss, it fell far short of "psychological oppression." Consequently the Plaintiff is not entitled to an order of spousal support. Alimony pendente lite enables a dependent spouse to prosecute or defend a divorce action. Litmanns v. Litmanns, 673 A.2d. 382 (Pa. Super. 1996). While the purpose of spousal support is to assure a reasonable living allowance to a dependent spouse, APL is awarded to sustain the dependent spouse on a basis of equality with the other spouse during the divorce proceedings. Krakovsky v. Krakovsky, 583 A.2d. 485 (Pa. Super. 1990). Factors to consider in determining entitlement to an award of APL include the separate estate and income of the claimants, the ability of the other party to pay, and the character, situation and surroundings of the parties. Litmanns v. Litmanns, supra. In the present case the Plaintiff earns less than half her husband's income. She has no separate estate. Payment of APL would not pose a financial hardship on the Defendant. Consequently, an order of alimony pendente lite will be recommended. The Plaintiff earns gross monthly income of $2,168.00. Filing her federal income tax return as married/separate and deducting her non-voluntary retirement contribution from her gross income, the Plaintiff has net monthly income for support purposes of $1,635.00 2 The Defendant has gross monthly income of $5,058.00. Filing his federal income tax return as married/separate, he has net monthly income for support purposes of $3,645.00.3 With net monthly income for the Defendant of $3,645.00 and for the Plaintiff of $1,635.00, the Defendant's APL obligation under the guidelines is $804.00 per month a An order of alimony pendente lite is made retroactive to the date of written demand for hearing.5 In this case that date is March 18, 2005. Although the Plaintiff filed her claim for spousal support on October 11, 2004, that claim is a separate and distinct action. The divorce action itself was not commenced until November 5, 2004 See Exhibit "A" for the tax deductions from gross income. a See Exhibit "A" for deductions from gross income. Although the Defendant itemizes his deductions and claims various unreimbursed employee expenses to reduce his tax obligation, the testimony revealed that not all of the claimed expenses constituted actual out-of-pocket costs. The standard deduction will be utilized to compute the support obligation in this case. a See Exhibit "B" for the calculation. ' See Pa. R.C.P. t920.31(a)(3). 4 with the filing of the divorce complaint. Although the complaint contained a claim for alimony pendente lite, no request for hearing was made therein at the time of filing. RECOMMENDATION A. The Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit as alimony pendente lite the sum of $804.00 per month. B. The Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit the additional sum of $100.00 per month on arrearages. C. The effective date of this order is March 18, 2005. D. The Plaintiff's complaint for spousal support is dismissed. 3u."k 7--Z, 206,; S Date Michael R. Rundle Support Master SupportCa/c 2005 EXHIBIT "A" In the Court of Common Pleas of Cumberland County, Pennsylvania SupportCalc 2005 EXHIBIT "B" In the Court of Common Pleas of Cumberland County, Pennsylvania c? ^? o - o T S-c --{ T rl) ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania 0Original Order/Notice Co./City/Disc. of CUMBERLAND O Amended Order/Notice Date of Order/Notice 06/22/05 0Terminate Order/Notice Case Number (See Addendum for case summary) RE: WYLIE, RICE(ARD D. EmployerM/ithholder's Federal EIN Number Employee/Obl igor's Name (Last, First, MO 167-40-0002 Employee/Obligor's Social Security Number VANE LINE BUNKERING INC 2845101405 2100 FRANKFURST AVE Employee/Obligor's Case Identifier BALTIMORE MD 21226-1026 Lr,/ (See Addendum for plaintiff names /q??nt y7 associated with cases on attachment) YOr»GS,?? (?3 Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. Ely law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 804. oo per month in current support $ 100. oo per month in past-due support Arrears 12 weeks or greater? Qyes ® no $ 0.00 per month in current and past-due medical support $ o , o o per month for genetic test costs $ per month in other (specify) for a total of $ 904.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 208.62 per weekly pay period. $ 417.23 per biweekly pay period (every two weeks). $ 452. oo per semimonthly pay period (twice a month). $ 904. oo per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, 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.e ?- BY THE CO Date of Order: f UAI 2 nc Form EN-028 Service Type m OMBNo.:0970-0154 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? If hecke? you are required to provide a Copy of this form to your employee. If yoUr employee orks in a state that is N Brent rom the state that issu this order, a copy must be provided to your employee even if t e box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* e's-wages- You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Hollings: If there is more than one Order/Notice to Withhold Income for Support against this employeelobligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 5215725740 EMPLOYEE'S/OBLIGOR'S NAME: WYLIE, RICHARD D. EMPLOYEE'S CASE IDENTIFIER: 2845101405 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employeelobligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Antidiscrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employeelobligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.C. §1673 (b)1; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. For tribal orders, you may not withhold more than the amounts allowed under the law of the issuing tribe. For tribal employers who receive a state order, you may not withhold more than the amounts allowed under the law of the state that issued the order. 10. Additional Info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Submitted By: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at 717) 240-6225 or by FAX at (717) 24 06248 or by internet www.childsupport.state.pa.us Service Type M Page 2 of 2 OMB No.: 0970-0154 Form EN-028 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: WYLIE, RICHARD D PACSES Case Number 482107213 PACKS Case Number Plaintiff Name Plaintiff Name BRENDA A. WYLIE Docket Attachment Amount Docket Attachment Amount 04-5578 CIVIL$ 904.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB [Elf checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket AttachmentAmount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. ?If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. ?If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the emp(oyee's/obligor's employment. ?lf checked, you are required to enroll the child(ren) ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available identified above in any health insurance coverage available through the employee's/obligor's employment. through the employee's/obligor's employment. Addendum Form EN-028 Service Type M Worker ID $IATT OMB No.: 09]0-0154 `; x• ...1 C ? •-? Gv ?,.- ,- rn -- -t'?? era ? x $ .??C> ^1 r' ;fin .?? _. -? y 7Y ? J "-l =y Cn? '? ??, r 9/16/05=9:29 AM=rsm=Wylie/appmstr-Dl IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE BRENDA A. WYLIE, NO. 045578 - Civil Term PLAINTIFF V. RICHARD D. WYLIE, DEFENDANT CIVIL ACTION -LAW IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Richard D. Wylie, Defendant, moves the Court to appoint a Master with respect to the following claims: ? Divorce ? Annulment ? ? Alimony ? ? Alimony Pendente Lite ? Distribution of Property Support Counsel Fees Costs and Expenses (1) Discovery is complete as to the claim(s) for which the appointment of a Master is requested. (2) The Defendant has appeared in the action by his attorney, James G. Keenan, Esquire. (3) The statutory grounds for divorce are irretrievable breakdown: (4) Check the applicable paragraphs(s): ( ) The action is not contested. ( ) An agreement has been reached with respect to the following claims: ( X) The action is contested with respect to the following claims: Equitable Distribution (5) The action involves complex issues of law or fact. (6) The hearing is expected to take 1 day. 9J16705-9:29 AM-rs wylidappWMT cumb--DI (7) Additional information, if any, relevant to the motion: none at this time. Respectfully submitted, HOFFMEYER & SEMMELMAN, LLP y7\" J. C BY. l James G eerlan, Esquire Attorney for Defendant 30 North George Street York, Pennsylvania 17401 Telephone #: ('117) 846-8846 Supreme Court. #: 58287 2 9/16/05=211 PM=rsm=Wylie/apptmast cumb=D1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRENDA A. WYLIE, PLAINTIFF NO. 045578 - Civil Term V. RICHARD D. WYLIE, DEFENDANT CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that I have on this date served the Motion for Appointment of Master on the person and in the manner indicated below, which satisfies the requirements of Pa.R.C.P. 440. Service by first class, postage pre-paid, United States mail as follows: John J. Connelly, Jr., Esquire James, Smith, Durkin, & Connelly, LLP 134 Sipe Avenue Hummelstown, Pennsylvania 17036 DATE: ys?M1?L01 ?, o?U06 James :K an, Esquire Atto Defendant 30 North George Street York, Pennsylvania 17401 Telephone #: (717) 846-8846 Supreme Court 4: 58287 c-3 o ` ?, n= , ' °? ?,? ? ?, ? ? - ? a ? C1 v :? a- ? N 9/16/05=2:12P -rsm=Wylie/apptm tcumb=D1 1 RECEIVED SEP 20 2005 / IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRENDA A. WYLIE, PLAINTIFF NO. 045578 -Civil Term V. RICHARD D. WYLIE, DEFENDANT CIVIL ACTION - LAW ORDER c' ?t?P?c ?D? cc c t l ON THIS Z day of'dAw-14, 120 is appointed Master with respects to the claims raised in this case. BY THE COURT d9 Judge 4on U9 C 1 :01 WV £Z d3S SUR ht?F?10;'vvNiOhd 3HL J0 30f2dCKRIIJ 8/31/05=9:42 AM=1d=wylie doc re.doc=F#I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRENDA A. WYLIE, NO. 04-5578-Civil Term PLAINTIFF V. RICHARD D. WYLIE, CIVIL ACTION - LAW DIVORCE CERTIFICATE OF SERVICE I hereby certify that I have on this date served the DEFENDANT'S FIRST SET OF REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO PLAINTIFF on the person and in the manner indicated below, which satisfies the requirements of Pa.R.C.P. 440. Service by first class, postage pre-paid, United States mail as follows: John J. Connelly, Jr., Esquire James, Smith, Durkin & Connelly, LLP P.O. Box 650 Hershey, Pennsylvania 17033-0650 / /rN?fj/VIy DATE: ?' D 5 BY.` UA Jam " Keenan, Esquire + °. Atto ey for Defendant 30 North George Street York, Pennsylvania 17401 Telephone #: (717) 846-8846 Supreme Court#: 58287 DEFENDANT ?? ?- ,- _ :. ?. „? -, : ? -?-, - . :; _,'_ ;;? ,, __; .. ?; -... BRENDA. WYLIE, :NO. 04-5578-Civil Term PLAINTIFF V. RICHARD D. WYLIE, DEFENDANT CIVIL ACTION - LAW DIVORCE 1. A Complaint in Divorce under. 3301(c) of the Divorce Code was filed on November 5, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree of Divorce after service of notice of intention to request entry ofthe 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 unworn falsification to authorities. DATE: y d9 0? ` ` ??ira? ?' Richard D. Wylie) endant ?-, -' , BRENDA A. WYLIE, V. RICHARD D. WYLIE, PLAINTIFF DEFENDANT NO. 04-5578-Civil Term CIVIL ACTION - LAW DIVORCE WAIVER OF NOTICE. OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (C) OF THE DIVORCE-CODE 1 2. I consent to the entry of a final decree of divorce without notice. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. DATE: ) ej -,-? 4.22t4i Richard D. Wylie, D t-; 5/23105=4:36 PM=db=wylie answecdoc=f#I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRENDA A. WYLIE, PLAINTIFF NO. 045578 V. RICHARD D. WYLIE, DEFENDANT Notice YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CIVIL ACTION - LAW Aviso USTED HA SIDO DEMANDADO/A EN LA CORTE. Si usted desea defender conta la demanda puestas en las siguientes paginas, usted tienen que tomar accio dentro veinte (20) dias despud que esta Demanda y Aviso es ervido, con entrando por escrito una aparencia personalmente o por un abogado y archivando por escrito con la Corte sus defenses o objeciones a las demandas puestas en esta contra usted. Usted es advertido ue si falla de hacerlo el caso puedo proceder sin usted y un jazgamiento puede ser entrado contra usted por la Corte sin mas aviso por cualquier dinero reclamado en la Demanda o por cualquier otro reclamo o alivio solicitado por Demandante. Usted puede perder dinero o propiedad o ostros derechos importante para usted. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA, SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POIR TELEFONO LA OFICINA FIJADA AQUI ABAJO, ESTA OFICINA PUEDE PROVEERE CON INFORMACION. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDED PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. 5/23.05=4:39 PM=db=wylie answer.doc=f#l AMERICANS WITH DISABILITIES ACT OF 1990 THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY IS REQUIRED LAWYER REFERRAL SERVICE OF BY LAW TO COMPLY WITH THE THE CUMBERLAND COUNTY BAR AMERICANS WITH DISABILITIES ACT OF ASSOCIATION 1990. FOR INFORMATION ABOUT CUMBERLAND COUNTY BAR CENTER ACCESSIBLE FACILITIES AND 32 SOUTH BEDFORD STREET REASONABLE ACCOMMODATIONS CARLISLE, PENNSYLVANIA 17013 AVAILABLE TO DISABLED INDIVIDUALS (717) 249-3166 HAVING BUSINESS BEFORE THE COURT, PLEASE CONTACT THE COUNTY AT (717) 249-3166. FOR THE COURT: TARYN DIXON DISTRICT COURT ADMINISTRATOR 6/1Od05=2:26 PWdb=wylie answer.doc=f#I IN THE COURT OF COMMON PLEAS OF CUMBLERLAND COUNTY PENNSYLVANIA BRENDA A. WYLIE, NO. 045578 PLAINTIFF V. CIVIL ACTION - LAW RICHARD D. WYLIE, DEFENDANT DEFENDANT'S ANSWER AND NEW MATTER ON THIS `day of June, 2005, comes Defendant, Richard D. Wylie, by and through his attorney, Hoffineyer & Semmelman, LLP and James G. Keenan, Esquire, and files the following Defendant's Answer and New Matter, and in support thereof avers as follows: ANSWER 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 5/23605=4:36 PM=db=wylie answer.doc=f#1 8. Denied. Wife voluntarily vacated the marital residence without cause. 9. Defendant is without knowledge to admit or deny this allegation. It is denied that the parties have been separated since June 30, 2004. 10. This is a conclusion to which no responsive pleading is required. 11. This is a conclusion to which no responsive pleading is required. 12. Admitted. 13. Denied. Plaintiff is able to support herself through appropriate employment and is employed through the West York School District. 14. Denied. Plaintiff has sufficient property and income to provide for her reasonable needs. When Plaintiff voluntarily vacated the marital residence, she withdrew significant sums of money from joint accounts held by the parties and removed personal property from the marital residence. 15. Denied. Plaintiff has sufficient funds to support herself and pay counsel fees and expenses incidental to this action. 2 6/10/05=8:29 AM=db=wylie answer.doc=f#I 16. Denied. Defendant is not able to pay both his and Plaintiff's counsel fees and expenses as well as alimony pendente lite to Plaintiff incidental to this divorce action. NEW MATTER 17. Defendant hereby incorporates the averments in Plaintiff's Complaint and his responses thereto for Paragraphs 1 through 16 of this Answer. 18. Defendant avers that Wife abandoned and deserted Husband as evidenced by her departure from the marital residence without cause of necessitous and compelling circumstances. 19. Defendant avers that the Plaintiff has offered such indignities to the Defendant as to render Defendant's condition intolerable and Defendant's life burdensome, pursuant to 23 Pa. C.S.A. § 3301(a)(1) and (6). 20. Defendant avers that Plaintiff has the financial means to support herself. 21. Plaintiff and Defendant have acquired property, both real and personal during their marriage and until the date of separation. 22. Plaintiff and Defendant have been unable to agree as to an equitable division of the property. 3 5/23/05=4:36 PM=db=wylie answendoc=f# I WHEREFORE, Defendant requests your Honorable Court equitably divide all marital property and to enter a Final Decree of Divorce. Respectfully submitted, HOFFMEYER & SEMMELMAN, LLP By. James G. Ke nan, Esquire Attorney efendant 30 North George Street York, Pennsylvania 17401 Telephone #: (717) 846-8846 Supreme Court #: 58287 4 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND The foregoing Defendant's Answer and Counterclaim is based upon information which has been gathered by me and counsel. The actual language contained in the pleading is that of counsel and not my own. I have read the Defendant's Answer and Counterclaim and to the extent that the document is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. This statement and verification are made subject to the penalties of Pa.C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I knowingly make false averments, I may be subject to criminal penalties. Date: 62 a. RICHARD D. WYLIE ACKNOWLEDGEMENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this, the day of ? ]I > 2005 before me, the undersigned officer, personally appeared RICHARD D. WYLIE, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. I? (SEAL) Notary Public MCE: COMMONWEALTH OF PENNSYLVANIA NOTA P.?AI_ SEAL Louise C Over rnilier. Notary Public City o! York, ,wk county My Comrnissir o> sP,ICI SePt 9, 2007 ACKNOWLEDGEMENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this, the day of 2005, before me, the undersigned officer, personally appeared , known to me (or satisfactorily proven) to be a member of the bar of the highest court, Supreme Court ID 9 of said state and a subscribing witness to the within instrument and certified that he was personally present when RICHARD D. WYLIE, whose name is subscribed to the within instrument executed the same, and that said person acknowledge that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. (SEAL) Notary Public MCE: 11/3/05=10:02•AM=db=wylie answer.doc=f41 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRENDA A. WYLIE, PLAINTIFF NO. 045578 V. RICHARD D. WYLIE, DEFENDANT CIVIL ACTION - LAW CERTIFICATE OF SERVICE I hereby certify that I have on this date served the Defendant's Answer and Counterclaim on the person and in the manner indicated below, which satisfies the requirements of Pa.R.C.P. 440. Service by first class mail, postage pre-paid, United States mail as follows: John J. Connelly, Jr., Esquire James, Smith, Durkin & Connelly, LLP 134 Sipe Avenue Hummelstown, Pennsylvania 17036 DATE:` ?n?Pr ?CiCS BY( James G. Heenan, Esquire Attomoe for Defendant 30 North George Street York, Pennsylvania 17401 Telephone #: (717) 846-8846 Supreme Court #: 58287 r> ?7 _ ? ? ?? =Ti C- ..-1 _ _?.? ? ?: ?1. f ?' } r ':. il' X1 ?f ? 1 ? ? ? ?l ? .' I 1 11/7/05=8:17 AM=rm=wylie interrogatories=F#1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRENDA A. WYLIE, PLAINTIFF NO. 04-5578-Civil Term V. RICHARD D. WYLIE, DEFENDANT CIVIL ACTION - LAW DIVORCE CERTIFICATE OF SERVICE I hereby certify that I have on this date served the DEFENDANT'S FIRST SET OF INTERROGATORIES DIRECTED TO PLAINTIFF on the person and in the manner indicated below, which satisfies the requirements of Pa.R.C.P. 440. Service by first class mail, postage pre-paid, United States mail as follows: John J. Connelly, Jr., Esquire James, Smith, Durkin & Connelly, LLP P.O. Box 650 Hershey, Pennsylvania 17033-0650 DATE: 441ke#1&.e 64J` B J Jam Keenan, Esquire Atto for Defendant 30 North George Street York, Pennsylvania 17401 Telephone #: (717) 846-8846 Supreme Court #: 58287 CP 'tC ._. G ? BRENDA A. WYLIE, Plaintiff VS. RICHARD D. WYLIE, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04 - 5578 CIVIL IN DIVORCE TO: John J. Connelly, Jr James G. Keenan Attorney for Plaintiff Attorney for Defendant DATE: Wednesday, October 5, 2005 CERTIFICATION [ -'] I certify that discovery is complete as to the claims for which the Master has been appointed. 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. 1 DATE Q?YfJNSEL FOR PLAINTIFF COUNSEL FOR DEFENDANT (?)" 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. hJ ? ? _? - - t7 _-! a. _ r' _ `rl <.`l ? ). Y'. _ __4 r..J ?? N5. O q- s s 7s C, V i I ULt, z v g.il45 DEC 2 OCLlik1•BERLAND COUNTY DOMESTIC RELATIONS Date of Application: [CuUoO?? Request for Support Record Search Name: W h¢ P I'C h a rd f). (Last) (First) (MI) Address: 'oy )c)rle d. New Curnberlaod PA 17U iD Social Security Number: /?-7 - yo -aoat D.O.B.: -? 5 3 Domestic Relations Case Number if Known: Party Requesting Information:5 Fc?ne L0.n??raV s?e (Print Name of Firm Name) 7/7- 731- y,?oo (Telephone Number) °717 --731-179y (Fax Number) 3yai maqk¢+ Si. Camp N I? PR hell (Address) (Signature) A Twenty Dollar ($20.00) Fee is Due per Social Security Number Make check or money order payable to: DRS/Lien Search X INITIAL REQUEST Has no Record in Domestic Relations as or. (Date) Support Arrears as of End of Month Prior to Date of Application: $ 130"S' 00 Monthly Total Support Obligation: $ 0 ?, ool m o r]4\ The Amount shown above is reflected in the Domestic Relations Section Office of Cumberland County, Pennsylvania. rn e"h Q r #t ?g y5 / 0 / y0S Domestic Relations Case Number: PacS e5 ? ??'? I 0 7 Z ? 3 e, /f 7 '/J,(-; / Z/ 27/o s- Signed: as (Lien Search Coordinator) (Date) BRING-DOWN REQUEST Support Arrears: S As Of: Signed: (Lien Coordinator) (Date) (Date) *** Lien Satisfisfaction Receipt Available Upon Request' CC720 o «. ., .`{ ?`? ?, t 7 ? f ? 1 l ? -7 ?-z y4 _ r C7 y-j ?'1 ??C. ?: 'r ?- . Li1 L, °. a t --; C;T { f?7 12/23/05=9:13AM=1d=wy1ie answers to discovery=F# 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRENDA A. WYLIE, PLAINTIFF NO. 04-5578 V. RICHARD D. WYLIE, DEFENDANT CIVIL ACTION - LAW CERTIFICATE OF SERVICE I hereby certify that I have on this date served the DEFENDANT'S ANSWERS TO PLAINTIFF'S FIRST SET OF INTERROGATORIES DIRECTED TO DEFENDANT on the person and in the manner indicated below, which satisfies the requirements of Pa.R.C.P. 440. Service by first class mail, postage pre-paid, United States mail as follows: John J. Connelly, Jr., Esquire James, Smith, Durkin & Connelly, LLP 134 Sipe Avenue Ilummelstown, Pennsylvania 17036 DATE: ? a L ' t-Lai B 7E': 1, f J Jame'e. G. Keenan, Esquire Attoin6y or Defendant 30 North George Street York, Pennsylvania 17401 Telephone #: (717) 846-8846 Supreme Court #: 58287 - - cu, c7 r -7ITt C? CJ -1rf Ca `? CJ '? ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 12/30/05 Case Number (See Addendum or case summary) Employer/Withholder's Federal LIN Number VANE LINE BUNKERING INC 2100 FRANKFURST AVE BALTIMORE MD 21226-1026 167-40-0002 Employee/Obligor's Social Security Number 2845101405 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MU See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 804. 00 per month in current support $ 0 .00 per month in past-due support Arrears 12 weeks or greater? Dyes ® no $ 0. 00 per month in current and past-due medical support $ o . 0 o per month for genetic test costs $ per month in other (specify) for a total of $ 804.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 185. 54 per weekly pay period. $ 371. o8 per biweekly pay period (every two weeks). $ 402. Lo per semimonthly pay period (twice a month). $ 8o4. o0 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information i needed (See #9 on page 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, 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. Date of Order: JAN G 3 2006 DRO: R.J. Shadday Service Type M 482107213 0 Original Order/Notice 04-5578 CIVIL Q Amended OrderlNouce O Terminate Order/Notice RE: WYLIE, RICHARD D. Employee/Obligor's Name (Last, First, MI) BY ,COURT: -C .? Y 1 Cav Edgar B. Bayley, Judge Form EN-028 OMB No, 0970-0154 $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? If checked you are required to provide a copy of this form to your employee. If yo r employee works in a state that is different from the state that issued this order, a copy must be provided to your employee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. Reporting-th?PagdatefBatrafbVithhofding:-You-must-report[hepagdateldateotwitfThelding-vvfren-sernfing-the-PaY^Tent?he- 3.* paydatefdateot-vvithhotdingisthe-date-an-which-amourtt?empfayee'swage? You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 5215726740 EMPLOYEE'S/OBLIGOR'S NAME: WYLIE, RICHARD D. EMPLOYEE'S CASE IDENTIFIER: 2845101405 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.C. §1673 (b)1; or 2) the amounts allowed by the State of the employee'slobhgor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. For tribal orders, you may not withhold more than the amounts allowed under the law of the issuing tribe. For tribal employers who receive a state order, you may not withhold more than the amounts allowed under the law of the state that issued the order. 10. Additional Info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. Ii.Submitted By: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 Service Type M If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 OMB No.: 0970-0154 Form EN-028 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: WYLIE, RICHARD D PACSES Case Number 482107213 PACSES Case Number Plaintiff Name Plaintiff Name BRENDA A. WYLIE Docket Attachment Amount Docket Attachment Amount 04-5578 CIVIL$ 804.00 $ 0.00 Child(reN's Name(s): DOB Child(reN's Name(s): DOB 0If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available identified above in any health insurance coverage available through the employee's/obligor's employment. through the employee's/obligor's employment. Addendum Form EN-028 Service Type M Worker ID $IATT OMB No.: 09700154 f' ? y? ? ' "1! C? c? ?. .-q C? ?-ri -_ 1 W ' 1 • ? . LIEN SATISFACTION Name: Richard Wylie Member Number: 2845101405 Judgment Lien Satisfied as of: 12/26/05 Amount Paid: $ 1308.00 Signed: `)j, zltz. (Lien Coordinator) Pacses# 482107213 No. 04-5578 CV DR# JAN 1 3 2006 (Date) CC722 02/23/06r-1:53PM-Wwy1ie motion to compel=F#I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA BRENDA A. WYLIE, NO. 04-5578 PLAINTIFF V. CIVIL ACTION - LAW RICHARD D. WYLIE, DEFENDANT DEFENDANT'S MOTION TO COMPEL ANSWERS TO DEFENDANT'S FIRST SET OF INTERROGATORIES DIRECTED TO PLAINTIFF On this 9Z yT L day of Lciu ?, 2006, comes Defendant, Richard D. Wylie, by and through his attorney, Hoffineyer & Semmlelman, LLP and James G. Keenan, Esquire, and presents this Motion to Compel Answers to Defendant's First Set of Interrogatories Directed to Plaintiff and, in support of such Motion, states as follows: 1. The Petitioner, Richard D. Wylie, is the Defendant in the above-captioned divorce action. 2a. The Respondent to this Motion, Orenda A. Wylie, is the Plaintiff concerning a divorce action filed with the Court of Common Pleas of (Cumberland County, Pennsylvania. 3. There was a Motion for Appointment of Master filed on September 19, 2005 by Petitioner. 4. Petitioner sent a Request for Production of Documents, and served Respondent's legal counsel by first class mail on September 1, 2005.! 5. Petitioner's counsel received Respondent's response to the Request for Production of Documents on October 13, 2005, which was more than 30 days since Petitioner served the Request for Production of Documents upon Respondent's legal counsel. 02/24/06=8:35AM=1d=wy1ie motion to compel=F# 1 6. Respondent's Response to Petitioner's Request for Production of Documents was inadequate, and additional information was requested by Petitioner's legal counsel on November 2, 2005 requesting that this information be provided by November 12, 2005. 7. Respondent has not provided the requested documentation as of February 15, 2006. 8. Petitioner then served Respondent with Interrogatories on November 7, 2005 which Respondent has still not answered after more than th?ee months. No reason ha been given for the respondent's failure to answer the Interrogatories. 9. Petitioner believes and therefore avers that the Respondent's failure to respond to the discovery in a timely manner has not only caused 1the Petitioner to expend sums of money to seek the information necessary to bring this case before the Divorce Master who was appointed on September 23, 2005, but Respondent's failure to answer the discovery has served to only extend the time that it takes to bring this case to a close, thereby benefiting the Respondent through continued receipt of APL. WHEREFORE, Petitioner/Husband respectfully requests this court enter an Order compelling Respondent/Wife to answer the so Interrogatories within 7 days after the entry of an Order to do Respectfully submitted, HOFFMEYER & SeEMMELMAN, LLP BY- Ll? James G. Keenan, Esquire Attopfiiey for Defendant/Petitioner 30 North George Street York, Pennsylvania 17401 Telephone #: (717) 846-8846 Supreme Court #: 58287 2 02/24/06=8:2:3AM=1d=wylie motion to compel=F#1 VERIFICATION 1, James G. Keenan, Esquire verify that I am the attorney of record for Richard D. Wylie in the foregoing matter and that he is unavailable to sign this Verification; that I am duly authorized to sign the same on his behalf; and that the statements made in the foregoing Defendant's Petition for Termination of Alimony Pendente Lite are true and 7rrect to the best of my knowledge, information and belief. I understand that false stae made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unworn falsification to authori 'es. BY Y14C>-'f James`G. Keenan, Esquire Att9fney for Defendant/Petitioner 30 North George Street York, Pennsylvania 17401 Telephone #: (717) 846-8846 Supreme Court #: 58287 07123/06=1:53PWId-wylie'motion to compel=F#1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRENDA A. WYLIE, PLAINTIFF V. RICHARD D. WYLIE, DEFENDANT I hereby certify that I have on Defendant's First Set of Interrogatories below, which satisfies the requirements of Service by first class mail, DATE: _ C L/ - L, NO. 04-5578 CIVIL ACTION - LAW date served the Defendant's Motion to Compel Answers to to Plaintiff on the person and in the manner indicated 440. pre-paid, United States mail as follows: J. Connelly, Jr., Esquire 134 Sipe Avenue town, Pennsylvania 17036 BY: C?- James;G. eenan, Esquire Attoniey for Defendant/Petitioner 30 North George Street York, Pennsylvania 17401 Telephone #: (717) 846-8846 Supreme Court #: 58287 l±a 02/23/06r2:03PM=1d=wy1iepeti6on for termination of APL=F#I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA BRENDA A. WYLIE, PACSES NO. 482107213 PLAINTIFF DOCKET NO. 04-55787 V. CIVIL ACTION - LAW RICHARD D. WYLIE, m DEFENDANT DEFENDANT'S PETITION FOR TERMINATIO l OF ALIMONY PENDENTE LITE On this Ll day of _ t f v 2006, comes Defendant, Richard D. Wylie, by and through his attorney, Hoffineyer & S elman, LLP and James G. Keenan, Esquire, and files the following Petition for Termination of Ali ony Pendente Lite and, in support thereof, avers as follows: 1. Plaintiff, Brenda A. Wylie (he> einafter refereed to as "Wife") is an adult individual who currently resides at 801 Bridge Stri et, Apartment B, New Cumberland, Cumberland County, Pennsylvania, 17070. 2a. Defendant, Richard D. Wylie (hereinafter referred to as "Husband") is an adult individual who currently resides at 304 Thorley Road, New Cumberland, Cumberland County, Pennsylvania, 17070. 3. Husband and Wife were marrie on September 26, 1970 and separated on or about July 25, 2004. On October 11, 2004, Wife file a Complaint for Spousal Support., followed by a Complaint in Divorce on November 5, 2004. The Spousal Support Complaint was dismissed after a hearing. 4. On March 18, 2005, Wife requested a hearing on the issue of alimony pendente lite for which a hearing was held before the Support Master on June 13, 2005. A 02/23/06=2:03PWId=wytie petition for termination of APL=F# 1 5. On June 22, 2005, an Interim Order of Court was entered awarding Wife alimony pendente lite in the sum of $804.00 per month and an additional $100.00 per month on arrearages, with an effective date of the Order as March 18, 2005. Thd Order also dismissed Wife's Complaint for Spousal Support. 6. On September 19, 2005, Husband filed a Motion for Appointment of Master regarding equitable distribution. On September 23, 2005, 0 Order was entered appointing E. Robert Elicker, II, Esquire as the Master. 7. On September 1, 2005, Wife to which she responded on then sent the First Set of filed a response. sent the First Request for Production of Documents Directed to 12, 2005. Due to the inadequacy of Wife's responses, Husband Directed to Wife on November '7, 2005 to which Wife has not 8. Wife, through her counsel, answered Wife's Interrogatories. 2005. to certify the completion of discovery as soon as Husband filed his answers to Wife's Interrogatories on December 28, 9. Wife has never yet certified completion of discovery. Only after Husband's counsel notified Wife's attorney that we were moving to suspend the alimony pendente lite and compel discovery did Wife authorize Interrogatories to be served on Husband for the second time on February 13, 2006. 10- On October 31, 2005, Husban filed his Affidavit of Consent and Waiver of Notice of Intention to Request Entry of a Divorce Decree Under §3301(c) of the Divorce Code. 2 02/23/06=2:03PM=1d-wy1ir. petition for termination of APL=F# 1 11. Wife has not filed her Affidavit of Consent nor her Waiver of Notice of Intention to Request Entry of a Divorce Decree. 12. Husband requests that Wife's suspended. for alimony pendente lite be terminated or at least 13. Husband believes and, Waiver of Notice, is in effect an period for collection of alimony funds to litigate due to the fact that Wife is expected to receive at least half WHEREFORE, Husband Wife's alimony pendente lite. avers that Wife's failure to sign her Affidavit of Consent and to postpone the entry of a Divorce Decree resulting in a longer lite. Husband also avers that Wife does not have need for is approximately $189,000.00 in an escrow account of which that amount, free to tax and penalties. requests this Honor Court enter an Order terminating Respectfully submitted, HOFFMEYER & SEMMELMAN, LLP BY: f y? ti _¢ I ` ?.f iy? James 9-)Keenan, Esquire Attorney for Defendant/Petitioner 30 North George Street York, Pennsylvania 17401 Telephone #:(717) 846-8846 Supreme Court #: 58287 3 I 02/24/06=8:22AM=IdwyIiq petition for termination of APL=F# 1 VERIFICATION I 1, James G. Keenan, Esquire veriy that I am the attorney of record for Richard D. Wylie in the foregoing matter and that he is unavailable to sign this Verification; that I am duly authorized to sign the same on his behalf; and that the statemen s made in the foregoing Defendant's Motion to Compel Answer to Defendant's First Set of Interrogatori s Directed to Plaintiff are true and correct to the best of my knowledge, information and belief. I u derstand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904, r ating to unswom falsification to authorities. BY:?: ?wLti James . Keenan, Esquire Attorney for Defendant/Petitioner 30 North George Street York, Pennsylvania 17401 Telephone #: (717) 846-8846 Supreme Court #: 58287 02/23/06=2:03PW1d=wy1ie petition for termination of APL=F#1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRENDA A. WYLIE, V. PLAINTIFF RICHARD D. WYLIE, DEFENDANT I hereby certify that I have on this Pendente Lite on the person and in the Pa.R.C.P. 440, Service by first class mail, DATE: A ,, t,I -' PACSES NO. 482107213 DOCKET NO. 04-5578 CIVIL ACTION - LAW served the Defendant's Petition for Termination of Alimony indicated below, which satisfies the requirements of pre-paid, United States mail as follows: J. Connelly, Jr., Esquire 134 Sipe Avenue town, Pennsylvania 17036 BY: James G. eenan, Esquire Attome}l-fbr Defendant'Petitioner 30 North George Street York, Pennsylvania 17401 Telephone #: (717) 846-8846 Supreme Court #: 58287 ,a BRENDA A. WYLIE, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. RICHARD D. WYLIE, DEFENDANT 04-5578 CIVIL TERM ORDER OF COURT AND NOW, this day of March, 2006, a hearing on the within petition to terminate alimony shall commence at 1:30 p.m., Monday, April 3, 2006, in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court: Edgar . John J. Connelly, Jr., Esquire For Plaintiff James G. Keenan, Esquire For Defendant J? :sal 02/23/06=1:53PM=ld=wy1ie motiop to compo1=F#1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRENDA A. WYLIE, NO. 04-5578 PLAINTIFF V. CIVIL ACTION - LAW RICHARD D. WYLIE, DEFENDANT DEFENDANT'S MOTION TO COMPEL ANSWERS TO DEFENDANT'S FIRST SET OF INTERROGATORIES DIRECTED TO PLAINTIFF 11 1 On this ? day of u? c. Y 2006, comes Defendant, Richard D. Wylie, by and through his attorney, Hoffineyer & Semmelman, LLP and James G. Keenan, Esquire, and presents this Motion to Compel Answers to Defendant's First Set of Interrogatories Directed to Plaintiff and, in support of such Motion, states as follows: The Petitioner, Richard D. Wylie, is the Defendant in the above-captioned divorce action. 2a. The Respondent to this Motion, Brenda A. Wylie, is the Plaintiff concerning a divorce action filed with the Court of Common Pleas of Cumberland County, Pennsylvania. 3. There was a Motion for Appointment of Master filed on September 19, 2005 by Petitioner. 4. Petitioner sent a Request for Production of Documents, and served Respondent's legal counsel by first class mail on September 1, 2005. 5. Petitioner's counsel received Respondent's response to the Request for Production of Documents on October 13, 2005, which was more than 30 days since Petitioner served the Request for Production of Documents upon Respondent's legal counsel. 02/24/06AMAM=id.w lie motion to compel=F#1 6. Respondent's Response to Petitioner's Request for Production of Documents was inadequate, and additional information was requested by Petitioner's legal counsel on November 2, 2005 requesting that this information be provided by November 12, 2005. 7. Respondent has not provided the requested documentation as of February 15, 2006. 8. Petitioner then served Respondent with Interrogatories on November 7, 2005 which Respondent has still not answered after more than three months. No reason ha been given for the respondent's failure to answer the Interrogatories. 9. Petitioner believes and therefore avers that the Respondent's failure to respond to the discovery in a timely manner has not only caused the Petitioner to expend sums of money to seek the information necessary to bring this case before the Divorce Master who was appointed on September 23, 2005, but Respondent's failure to answer the discovery has served to only extend the time that it takes to bring this case to a close, thereby benefiting the Respondent through continued receipt of APL. WHEREFORE, Petitioner/Husband respectfully requests this court enter an Order compelling Respondent/Wife to answer the pending Interrogatories within 7 days after the entry of an Order to do so. Respectfully submitted, HOFFMEYER & SEMMELMAN, LLP BY: James Ci. Keenan, Esquire Attoptiey for Defendant/Petitioner 30 North George Street York, Pennsylvania 17401 Telephone #: (717) 846-8846 Supreme Court #: 58287 2 02/24/06--8:23AMAd?yiie motion to compel=F#1 VERIFICATION I, James G. Keenan, Esquire verify that I am the attorney of record for Richard D. Wylie in the foregoing matter and that he is unavailable to sign this Verification; that I am duly authorized to sign the same on his behalf, and that the statements made in the foregoing Defendant's Petition for Termination of Alimony Pendente Lite 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.A. Section 4904, relating to unswom falsification to authorities. i BY: James'G. Keenan, Esquire At*ney for Defendant/Petitioner 30 North George Street York, Pennsylvania 17401 Telephone #: (717) 846-8846 Supreme Court #: 59287 02/23/06-1:53PM=1d=w?ie'motioa to compel-F#1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA BRENDA A. WYLIE, PLAINTIFF V. RICHARD D. WYLIE, DEFENDANT NO. 04-5578 CIVIL ACTION - LAW CERTIFICATE OF SERVICE I hereby certify that I have on this date served the Defendant's Motion to Compel Answers to Defendant's First Set of Interrogatories Directed to Plaintiff on the person and in the manner indicated below, which satisfies the requirements of Pa.R.C.P. 440. Service by first class mail, postage pre-paid, United States mail as follows: John J. Connelly, Jr., Esquire James, Smith, Durkin & Connelly LLP 134 Sipe Avenue Hummelstown, Pennsylvania 17036 DATE: „ L/ - c' BY: ? (tq lL` f James;G. eenan, Esquire Atto for Defendant/Petitioner 30 North George Street York, Pennsylvania 17401 Telephone #: (717) 846-8846 Supreme Court #: 58287 _. BRENDA A. WYLIE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW RICHARD D. WYLIE, . Defendant NO. 04-5578 CIVIL TERM ORDER OF COURT AND NOW, this 3rd day of March, 2006, upon consideration of Defendant's Motion To Compel Answers to Defendant's First Set of Interrogatories Directed to Plaintiff, a Rule is hereby issued upon Plaintiff to show cause why the relief requested should not be granted. RULE RETURNABLE within 10 days of service. BY THE COURT, John J. Connelly, Jr., Esq. 134 Sipe Avenue Hummelstown, PA 17036 Attorney for Plaintiff James G. Keenan, Esq. 30 North George Street York, PA 17401 Attorney for Defendant :rc (;', , ?. .: BRENDA A. WYLIE, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. RICHARD D. WYLIE, DEFENDANT 04-5578 CIVIL TERM ORDER OF COURT AND NOW, this day of March, 2006, the hearing scheduled before this judge on April 13, 2006, is vacated as improvidently granted.' The petition to terminate alimony pendente lite is assigned to the Support Master. 1'Qnn J. Connelly, Jr., Esquire i/ For Plaintiff ,,?ames G. Keenan, Esquire For Defendant Michael Rundle, Esquire Support Master RO C???e) :sal ?y Edgar 'The order of March 3, 2006, set a hearing on a "Petition to terminate alimony" when the petition is actually to terminate alimony pendente lite. D. DdYIUY, J. „-. ,.. _.. 1 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION BRENDA A. WYLIE ) Docket Number 04-5578 CIVIL Plaintiff ) vs. ) PACSES Case Number 482107213 RICHARD D. WYLIE ) Defendant ) Other State ID Number ORDER OF COURT You, RICHARD D. WYLIE plaintiff/defendant of 304 THORLEY RD, NEW CUMBERLAND, PA. 17070-3132-04 are ordered to appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 before a hearing officer of the Domestic Relations Section, on the APRIL 17, 2006 at 1: 3 OPM for a hearing. You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. verification of child care expenses, and 4. proof of medical coverage which you may have, or may have available to you 5. information relating to professional licenses 6. other: Service Type M Form CM-509 Worker ID 21302 WYLIE V. WYLIE PACSES Case Number: 482107213 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest or enter an order in your absence. If paternity is an issue, the court may enter an order establishing paternity. The appropriate court officer may enter an order against either party based upon the evidence presented without regard to which party initiated the support action. BY THE COURT: Date of Order: (.? JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 240-622s . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Page 2 of 2 Form CM-509 Service Type M Worker ID 21.302 t In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION BRENDA A. WYLIE ) Docket Number 04-5578 CIVIL Plaintiff ) VS. ) PACSES Case Number 482107213 RICHARD D. WYLIE ) Defendant ) Other State ID Number ORDER OF COURT You, BRENDA A. WYLIE plaintiff/defendant of APT B, 801 BRIDGE ST, NEW CUMBERLAND, PA. 17070-1626-01 are ordered to appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 before a hearing officer of the Domestic Relations Section, on the APRIL 17, 2006 at 1 :30PM for a hearing. You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2, your pay stubs for the preceding six (6) months, 3. verification of child care expenses, and 4. proof of medical coverage which you may have, or may have available to you 5. information relating to professional licenses 6. other: Service Type M Form CM-509 Worker ID 21302 WYLIE V. WYLIE PACSES Case Number: 482107213 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest or enter an order in your absence. If paternity is an issue, the court may enter an order establishing paternity. The appropriate court officer may enter an order against either party based upon the evidence presented without regard to which party initiated the support action. BY THE COURT: Date of Order: j -? [ t ` NDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 240-6225 . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Page 2 of 2 Form CM-509 Service Type M Worker ID 21302 ?- BRENDA A. WYLIE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 04-5578 RICHARD D. WYLIE, : CIVIL ACTION - LAW Defendant : IN DIVORCE PLAINTIFF'S ANSWER TO DEFENDANT'S PETITION FOR TERMINATION OF ALIMONY PENDENTE LITE AND NOW, this day of March, 2006, comes the Plaintiff, Brenda A. Wylie, by and through her attorney, John J. Connelly, Jr., Esquire and the law firm of James, Smith, Dietterick & Connelly, LLP, and files this Answer to Defendant's Petition for Termination of Alimony Pendente Lite as follows: 1. Admitted. 2.(a) Admitted. 3. Admitted in part; denied in part. It is denied that Husband and Wife were married on September 26, 1970. They were married on September 26, 1979. It is further denied that the parties separated on July 25, 2004. The parties separated on June 30, 2004. It is admitted that Plaintiff filed a Complaint in Divorce on November 5, 2004; however, in that Complaint, Plaintiff raised a claim for alimony pendente lite, counsel fees and expenses. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted in part; denied in part. It is admitted that Defendant sent the First Request for Production of Documents on October 12, 2005. It is specifically denied that Wife's responses to Defendant's First Request for Production of Documents were inadequate. 8. Admitted with clarification. It is admitted that Wife, through her attorney, agreed to certify completion of discovery after Husband answered Wife's Interrogatories. Plaintiff's Interrogatories were forwarded to counsel for Husband on November 14, 2005. Although Husband filed his answers to Wife's Interrogatories on December 28, 2005, they were not certified with a signed verification by Plaintiff until January 28, 2006. Wife's counsel did not receive these Answers to Interrogatories until the beginning of January, 2006. The answers Defendant supplied were inadequate, requiring Plaintiff to send a second set of discovery requests to Defendant. Plaintiff's Second Set of Interrogatories to Defendant were sent February 13, 2006. 9. Admitted in part; denied in part. It is admitted that Wife has not certified that the discovery is complete. In fact, discovery is not complete, and Plaintiff has submitted the certification to the Divorce Master advising that discovery is not complete. As previously stated, Defendant's Answers to Plaintiff's First Set of Interrogatories received in early January were inadequate, requiring Plaintiff to submitted Plaintiffs Second Set of Interrogatories. It is admitted that Wife served Husband through counsel a second set of Interrogatories on February 13, 2006; however, it is denied that this was done because Husband was moving to suspend alimony pendente lite. Rather, Plaintiff's Second Set of Interrogatories was submitted to Defendant approximately one (1) month after receiving Defendant's Answers to Plaintiffs First Set of Interrogatories, and was done only after determining that the Defendant's responses to the discovery requests were wholly inadequate. Moreover, the implication that Plaintiff has been dilatory in discovery process is erroneous. 10. Admitted. 11. Admitted. 12. Denied. Wife has previously established the need for alimony pendente lite pending the completion of this divorce action. Husband is not entitled to terminate alimony pendente lite when the discovery process is ongoing and the divorce action has not concluded. A Divorce Master has been assigned to this case, and the process will move to conclusion after discovery is complete. It is likely this action will conclude around the time of the marking of the parties' two year separation period. 13. Denied. Plaintiff has not signed an Affidavit of Consent and Waiver of Notice form because discovery is not complete. Plaintiff will supply the Divorce Master her Affidavit of Consent and Waiver of Notice when the discovery process is complete, and the matter is scheduled for a hearing. Plaintiff by no means is attempting to prolong this matter any longer than necessary; however, she is in no way willing to compromise her rights under the Divorce Code, and it's amendments, so that Defendant does not have to pay alimony pendent elite. Moreover, Defendant's suggestion that Plaintiff has access to the funds in the escrow account to pay for her legal fees is preposterous. Plaintiff does not have access to the funds at this time, as they are being held in escrow by Defendant's counsel. Distribution of the escrow will occur when the marital assets and their respective values have been determined. Respectfully submitted, JAMES, SMITH, DIETTERICK & CONNELLY,LLP Dated: lV By. _ o elly, Jr. P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 Attorneys for Plaintiff BRENDA A. WYLIE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 04-5578 RICHARD D. WYLIE, : CIVIL ACTION - LAW Defendant : IN DIVORCE CERTIFICATE OF SERVICE I, John J. Connelly, Jr., Esquire, of James, Smith, Dietterick & Connelly, LLP, attorney for the Plaintiff, Brenda A. Wylie, hereby certify that I have served a copy of the foregoing Answer to Defendant's Petition for Termination of Alimony Pendente Lite on the following on the date and in the manner indicated below: VIA U.S MAIL, FIRST CLASS, PRE-PAID James G. Keenan, Esquire Hoffrneyer & Semmelman, LLP 30 N. George Street York, PA 17401 Dated: JAMES, SMITH, DIETTERICK & CONNELLY, LLP By. JmJOJ2.Con?elly, Jr. I. . #15615 P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 Attorneys for Plaintiff W' A In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION BRENDA A. WYLIE ) Docket Number 04-5578 CIVIL Plaintiff ) vs. ) PACSES Case Number 482107213 RICHARD D. WYLIE Defendant ) Other State ID Number ORDER OF COURT - RESCHEDULE A HEARING You, BRENDA A. WYLIE Of APT B, 801 BRIDGE ST, NEW CUMBERLAND, PA. 17070-1626-01 are ordered to appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 on the 20TH DAY OF APRIL, 2006 at 9,ooAM fora hearing. This date replaces the prior hearing date of APRIL 17, 2006 You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3, the Income and Expense Statement attached to this order as required by Rule 1910.11 (c). 4. verification of child care expenses, and 5. proof of medical coverage which you may have, or may have available to you 6. information relating to professional licenses 7. other: Service Type M Form CM-514 WorkerlD 21302 WYLIE V. WYLIE PACSES Case Number: 482107213 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest or enter an order in your absence. If paternity is an issue, the court may enter an order establishing paternity. The appropriate court officer may enter an order against either party based upon the evidence presented without regard to which party initiated the support action. BY THE COURT: G Date of Order: JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 240-6225 . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Page 2 of 2 Form CM-514 Service Type M Worker ID 23302 f) ? Q '?: n 1 Z _r7 : ? i t t"i Jc- Ga r In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION BRENDA A. WYLIE ) Docket Number 04-5578 CIVIL Plaintiff ) vs. ) PACSES Case Number 482107213 RICHARD D. WYLIE ) Defendant ) Other State ID Number ORDER OF COURT - RESCHEDULE A HEARING You, RICHARD D. WYLIE 304 THORLEY RD, NEW CUMBERLAND, PA. 17070-3132-04 are ordered to appear at DOMESTIC RELATIONS HEARING RM of DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 on the 20TH DAY OF APRIL, 2006 the prior hearing date of APRIL 17, 2006 at 9: ooAM for a hearing. This date replaces You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income and Expense Statement attached to this order as required by Rule 1910.11 (c)_ 4. verification of child care expenses, and 5. proof of medical coverage which you may have, or may have available to you 6. information relating to professional licenses 7. other: Service Type M Form CM-514 Worker ID 21302 -, WYLIE V. WYLIE PACSES Case Number: 492107213 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest or enter an order in your absence. If paternity is an issue, the court may enter an order establishing paternity. The appropriate court officer may enter an order against either party based upon the evidence presented without regard to which party initiated the support action. BY THE COURT: Date of Order: -( y - Q b JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 240-6225 . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Page 2 of 2 Form CM-514 Service Type M Worker ID 21302 e-n V. In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION BRENDA A. WYLIE Docket Number 04-5578 CIVIL Plaintiff ) vs. ) PACSES Case Number 482107213 RICHARD D. WYLIE ) Defendant ) Other State ID Number ORDER OF COURT - RESCHEDULE A HEARING You, RICHARD D. WYLIE 304 THORLEY RD, NEW CUMBERLAND, PA. 17070-3132-04 of are ordered to appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 on the 1ST DAY OF MAY, 2006 the prior hearing date of APRIL 20, 2006 at 9 : ooAM fora hearing. This date replaces You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income and Expense Statement attached to this order as required by Rule 1910.11 (c). 4. verification of child care expenses, and 5. proof of medical coverage which you may have, or may have available to you 6. information relating to professional licenses 7. other: Service Type M Form CM-514 Worker ID 21302 WYLIE V. WYLIE PACSES Case Number: 482107213 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest or enter an order in your absence. If paternity is an issue, the court may enter an order establishing paternity. The appropriate court officer may enter an order against either party based upon the evidence presented without regard to which party initiated the support action. BY THE COURT: -IS-04 .Y? C, Date of Order: JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 240-6225 . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Page 2 of 2 Form CM-514 Service Type M Worker ID 21302 h ? M DI n To U l L. Cl) '?1 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION BRENDA A. WYLIE ) Docket Number 04-5578 CIVIL Plaintiff ) VS. ) PACSES Case Number 482107213 RICHARD D. WYLIE ) Defendant ) Other State ID Number ORDER OF COURT - RESCHEDULE A HEARING You, BRENDA A. WYLIE APT B, 801 BRIDGE ST, NEW CUMBERLAND, PA. 17070-1626-01 of are ordered to appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 on the 1ST DAY OF MAY, 2006 the prior hearing date of APRIL 20, 2006 at 9: ooAM for a hearing. This date replaces You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income and Expense Statement attached to this order as required by Rule 1910.11 (c). 4. verification of child care expenses, and 5. proof of medical coverage which you may have, or may have available to you 6. information relating to professional licenses 7, other: Service Type M Form CM-514 Worker ID 21302 i - WYLIE PACSES Case Number: 482107213 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest or enter an order in your absence. If paternity is an issue, the court may enter an order establishing paternity. The appropriate court officer may enter an order against either party based upon the evidence presented without regard to which party initiated the support action. BY THE COURT: Date of Order: S -Uj "?\ JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. V. WYLIE CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 240-6225 . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Service Type M Page 2 of 2 Form CM-514 Worker ID 21302 hJ C:J cw _,. r'> ? ?? 43 G' ? ? T_ T (1y1{.-•. ? . Tt1? ?.-` . T1 z7Q Uy ,,. _ __ ?? Ui . '? l t , ( .1 _ { -r+'f. ? C l ^ '` ".. f? i x'? . t ..(ti 3/15/06=8:59 AM=rm=wylie answer 2.doc-F#1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRENDA A. WYLIE, PLAINTIFF NO. 045578 V. RICHARD D. WYLIE, DEFENDANT CIVIL ACTION - LAW CERTIFICATE OF SERVICE I hereby certify that I have on this date served the Defendant's Answers to Plaintiffs Second Set of Interrogatories Directed to Defendant on the person and in the manner indicated below, which satisfies the requirements of Pa.R.C.P. 440. Service by first class mail, postage pre-paid, United States mail as follows: John J. Connelly, Jr., Esquire James, Smith, Durkin & Connelly, LLP 134 Sipe Avenue Hummelstown, Pennsylvania 17036 DATE: BY` W ? Q - I . 4, 04--, JamejGe enan, Esquire AttoDefenda nt 30 North George Street York, Pennsylvania 17401 Telephone #: (717) 846-8846 Supreme Court #: 58287 f? j ? .? ?- T ? ? '_ ? ' SCT _n Tt i? ? N , ." r° _? :.? `_a ' .'::.-y c.1 ?:. C John J. Connelly, Jr., Esquire Attorney I.D. No. 15615 James Smith Dietterick & Connelly, UP P.O. Box 650 Hershey, PA 17033 Attorneys for Plaintiff BRENDA A. WYLIE, Plaintiff V. RICHARD D. WYLIE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5578 CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S ANSWER TO DEFENDANT'S MOTION TO COMPEL ANSWERS TO DEFENDANT'S FIRST SET OF INTERROGATORIES DIRECTED TO PLAINTIFF Admitted. Admitted. Admitted, with clarification. It is admitted that a Motion for Appointment of Master was filed on September 19, 2005 by Petitioner/Defendant. However, this filing was premature, because discovery was not complete for either Plaintiff or Defendant. 4. Admitted. 5. Neither admitted nor denied, as Respondent does not know when Petitioner's counsel received the answers to Defendant's Request for Production of Documents. However, Plaintiff's counsel received the discovery requests on or about September 4, 2005, and the answers to said discovery requests were sent via U.S. mail on October 12, 2005. Denied. It is specifically denied that Respondent/Plaintiff s discovery responses were inadequate; however, it is admitted that Petitioner/Defendant requested additional 1 -2 information in a letter dated November 2, 2005. However, the documents he requested were bank records that were two years prior to the date of separation. 7. Denied. Respondent/Plaintiff submitted answers to Petitioner/Defendant on April 25, 2006. 8. Admitted in part. It is admitted that Petitioner set Interrogatories to Respondent's counsel on November 7, 2005. The answers to these Interrogatories were provided on April 25, 2006. 9. Denied. It is specifically denied that Petitioner/Defendant has incurred sums of money to seek the information necessary to move the case before a Master, especially since Petitioner/Defendant petitioned for a Master on September 19, 2005, but discovery was not complete for either Respondent/Plaintiff or Petitioner/Defendant. Petitioner/Defendant's request for a master was premature. He submitted discovery requests as late as November, two months after he requested the Master appointment, and after he certified that discovery was complete. Respectfully submitted, JAMES, SMITH, DIETTE RICK & CONNELLY,LLP Dated: 1 ' ?O - (J u By: _ L Jo J. Co ly, Jr. Att niev I.D. 5615 Hershey, PA 17033-0650 (717) 533-3280 Attorneys for Plaintiff Brenda A. Wylie BRENDA A. WYLIE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 04-5578 RICHARD D. WYLIE, : CIVIL ACTION - LAW Defendant : IN DIVORCE I, John J. Connelly, Jr., Esquire, of James, Smith, Dietterick & Connelly, LLP attorney for the Plaintiff, Brenda A. Wylie, hereby certify that I have served a copy of the foregoing Answer to Defendant's Motion to Compel Answers to Defendant's First Set of Interrogatories Directed to Plaintiff on the following on the date and in the manner indicated below: VIA FACSIMILE (717) 852-8780 AND U.S. MAIL, FIRST CLASS PRE-PAID James G. Keenan, Esquire Hoffineyer & Semmelman 30 North George Street York, PA 17401 Facsimile 717-852-8780 Date: Y- a & -6 & JAMES, SMITH, WETTERICK & CONNELLY LLP By: , Jr., Esquire Hershey, PA 17033 (717) 533-3280 PA I.D. No. 15615 Post Office Box 650 -? i`, BRENDA A. WYLIE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION RICHAD D. WYLIE, PACSES NO. 482107213 Defendant DOCKET NO. 04-5578 CIVIL TERM ORDER OF COURT AND NOW, this 1st day of May, 2006, this matter having been scheduled for a hearing de novo this date before the Support Master, by agreement of the parties it is ordered and decreed as follows: 1. Said hearing is continued generally to be rescheduled upon the call of the Defendant. 2. Within ten (10) days of today's date the Plaintiff shall take the following action: a. Plaintiff shall produce and deliver to the Defendant copies of her bank account statements for the period of July, 2004 through November, 2004 inclusive. b. Plaintiff shall produce and deliver to the Defendant copies of statements on her mother's account with New Cumberland Federal Credit Union upon which the Plaintiff has signature authority for the period of January 1, 2001 through September, 2004 inclusive. In the event the Plaintiff does not have in her possession all of said records, the Plaintiff will waive the twenty (20) day period in which to object to a subpoena duces tecum submitted by the Defendant to said credit union to produce said records. c. The Plaintiff shall this date sign the Affidavit of Consent for the divorce and deliver same to Defendant. The Defendant shall file said Affidavit with the Prothonotary. d. The parties will take all reasonable steps to move the divorce litigation through in a timely fashion. Court ,, 1 G Edgar B. Bayley, J. Cc: Brenda A. Wylie Richard D. Wylie John J. Connelly, Jr., Esquire For the Plaintiff James G. Keenan, Esquire For the Defendant DRO C? -a l T {_ 4 ' `?' T _ _,' ?,.} `fie (?.F1 °? r fir; BRENDA A. WYLIE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 04 - 5578 CIVIL RICHARD D. WYLIE, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on November 5, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of the final Decree in Divorce after service of notice of intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORTIES. !? ), /r' (' DATE: BRENDA A. WYLIB r? ? ?? -r, - r, ;- -a _ - y r.. ,;? _ ? -';,?- ? ,, ^-?3 _ _ 1? _- .. ,_?'??t - -3 ?;. BRENDA A. WYLIE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 04-5578 RICHARD D. WYLIE, : CIVIL ACTION - LAW Defendant : IN DIVORCE INCOME AND EXPENSE STATEMENT OF PLAINTIFF, BRENDA A. WYLIE INCOME Employer: Address: Type of Work: Payroll Number: Pay Period (weekly, biweekly, etc.) Gross Pay per Pay Period: Itemized Payroll Deductions: Federal Withholding Social Security Local Wage Tax State Income Tax Retirement Savings Bonds Credit Union Life Insurance Health Insurance Unemployment Tax Other - Medicare Net Pay per Pay Period: West Shore School District 507 Fishing Creek Road, Lewisberry, PA 17339 Secretarial n/a bi-monthly $1,006.39 $61.54 $59.89 $14.01 $29.66 $75.48 n/a n/a n/a $40.39 $0.91 $14.01 $710.50 MONTHLY YEARLY (Fill in appropriate column) OTHER INCOME Interest Dividends Pension Annuity Social Security Rents Royalties Expense Accounts Gifts Unemployment Comp. Worker's Comp. Alimony Child Support TOTAL NET INCOME Home $804.00 $804.00 $9,648.00 Mortgage/Rent $550.00 $6,600.00 Maintenance Utilities Electric Gas Oil Telephone Water Sewer $98.00 $1,176.00 $105.00 $1,260.00 MONTHLY YEARLY (Fill in appropriate column) Employment Public Transportation Lunch $65.00 $780.00 Taxes Real Estate Personal Property Income Insurance Homeowners $11.58 $139.00 Automobile $199.95 $2,399.40 Life Accident Health Other Automobile Payments Fuel $120.00 $1,440.00 Repairs $83.33 $1,000.00 AAA $5.75 $69.00 Medical Doctor $16.67 $200.00 Dentist Orthodontist Hospital Medicine $20.00 $240.00 Special Needs (glasses, contacts, $16.67 $200.00 braces, orthopedic devices) MONTHLY YEARLY (Fill in appropriate column) Education Private School Parochial School College $88.06 $1,056.72 Religious Personal Clothing $75.00 $900.00 Food $450.00 $5,400.00 Barber/Hairdresser $60.00 $720.00 Credit Payments Charge Accounts $300.00 $3,600.00 Memberships $19.95 $239.40 Laundry $60.00 $720.00 Loans Credit Union $139.07 $1,668.84 Miscellaneous Household Help Child Care PaperBooks/Magazines $6.80 $81.60 Entertainment Pay TV $47.68 $572.16 Vacation Gifts $50.00 $600.00 Legal Fees Charitable Contributions Alimony Payments TOTAL EXPENSES $2,588.51 $31,062.12 VERIFICATION I, Brenda A. Wylie, verify that the statements made in this Income and Expense Statement are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa.C.S. Section 4904, relating to unworn falsification to authorities. Date: aAA Brenda A. Wylie, Plaintiff y.. Y? 20 LI) John J. Connelly, Jr., Esquire PA I.D.No. 15615 James, Smith, Dietterick & Connelly LLP P.O. Box 650 Hershey, PA 17033 BRENDA A. WYLIE, Plaintiff V. RICHARD D. WYLIE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04 - 5578 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE INVENTORY OF PLAINTIFF Plaintiff files the following inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three (3) years. Plaintiff verifies that the statements made in this inventory are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: 5 l co bX BRENDA WYLIE, PLAINTIFF ASSETS OF PARTIES Plaintiff marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. If an item has been appraised, a copy of the appraisal report is attached. (x) 1. Real property (x) 2. Motor vehicles () 3. Stocks, bonds, securities and options () 4. Certificates of Deposit (x) 5. Checking accounts, cash (x) 6. Savings accounts, money market () 7. Contents of safe deposit boxes () 8. Trusts () 9. Life insurance policies (indicate face value, cash surrender value and current beneficiaries) O 10. Annuities () 11. Gifts () 12. Inheritances () 13. Patents, copyrights, inventions, royalties (X) 14. Personal property outside the home () 15. Businesses (list all owners, including percentage of ownership, and officer/director positions held by a party with a company) () 16. Employment termination benefits - severance pay, workman's compensation claim/award () 17. Profit sharing plans (x) 18. Pension plans (indicate employee contribution and date plan vests) (x) 19. Retirement plans, Individual Retirement Accounts () 20. Disability payments () 21. Litigation claims (matured and unmatured) () 22. Military/V.A. benefits () 23. Education benefits () 24. Debts due, including loans, mortgages held () 25. Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute) () 26. Other Plaintiff lists all marital property in which either or both spouses have a legal or equitable interest individually or with any person as of the date this action was commenced. ITEM NUMBER DESCRIPTION OF PROPERTY NAMES OF ALL OWNERS Marital Residence: In Brenda & Richard Wylie 1. Real Property December, 2005, the parties sold the marital residence. The proceeds to the sale are in escrow held by Defendant's counsel and are approximately $187,000.00 a. 1999 Saturn SL: a. Brenda & Richard Wylie 2. Motor Vehicles': Valued at approximately $1,275.00. b. 1996 Chevy Blazer: Valued at approximately b. Brenda & Richard Wylie $1,940.00. C. 1992 Chevy C150: c. Brenda & Richard Wylie Valued at approximately $1,765.00. d. 1988 Kawasaki KL d. Richard Wylie 650-A2 KLR: Valued at approximately $700.00. 'All values on vehicles are pursuant to Kelley Blue Book. e. 1987 Kawasaki KL 260-D4 KLR: Valued at approximately $590.00. f. 1992 Kawasaki ZG 1000-A7: Valued at approximately $1,900.00. g. 2000 Parolis 500 cc (2h Valued at approximately $2,700.00 each. e. Richard Wylie . Richard Wylie . Richard Wylie (for each) a. Wife's SVFCU a. Brenda Wylie 5. Checking Accounts Checking Account: Valued at approximately $380.84 at the time of separation. b. Husband's PA b. Richard Wylie Central FCU Account: Valued at $408.78 at the time of separation. C. NCFCU Joint c. Brenda & Richard Wylie Checking Account: Valued at $450.43 on 7/1/04. 6. Savings Accounts: a. Wife's SVFCS a. Brenda Wylie Savings Account: Valued at $190.42 at the time of separation. b. Husband's PA Central FCU Savings b. Richard Wylie account: Valued at $1,269.16 at the time of separation. C. NCFCU Joint Savings Account: Valued at $66.28 c. Brenda & Richard Wylie as of 7/1/04. d. NCFCU Joint Money Market Account: Valued at d. Brenda & Richard Wylie $5,112.60 as of separation. At the time of separation, Wife withdrew $1,000.00 from the account. 14. Personal Property: a. Longaberger Baskets: a. Brenda Wylie Valued at approximately $762.00. b. Husband's Gun b. Richard Wylie collection: Value unknown. C. Husband's Coin c. Richard Wylie Collection: Valued at approximately $17,525.00. 18.81 19. Pension a. Wife's PSERS account: a. Brenda Wylie Plans/Retirement Accounts. Valued at $19,584.21 at the time of separation. b. Wife's PHFA pension: Valued at approximately b. Brenda Wylie $13,000.00. c. Husband's Maritrans Pension: Valued at c. Richard Wylie approximately $70,182.45 2 as of 5/05. d. Husband's Gateway Retirement Plan: Valued d. Richard Wylie at approximately $30,649.08. 2 See Pension Appraisers Analysis Report. NOWMARITAL PROPERTY Plaintiff lists all property in which a spouse has a legal or equitable interest which is claimed to be excluded from marital property. ITEM NUMBER DESCRIPTION OF PROPERTY REASON FOR EXCLUSION 19. Retirement Accounts Husband's Retirement Account with Vane Line Bunkering, Inc. Husband's participation in the plan began after date of separation (6/04). PROPERTY TRANSFERRED ITEM DESCRIPTION DATE OF CONSIDERATION TRANSFEREE NUMBER TRANSFER 1. Real Marital December, 2005 $186,624.28 Sold. Pro a Residence a. 1999 Saturn a. Spring, 2005 a. $1.00. a. Brenda Wylie 2. Motor SL vehicles b. 1996 Chevy b. Spring, 2005 b. $1.00. b. Brenda Wylie Blazer c. 1992 Chew c. Spring, 2005 c. $1.00. Later c. Richard Wylie C 150 between the traded in by later traded in. parties. Vehicle Defendant for was later traded unknown value. by Defendant but date is unknown. a. NCFCU Joint a. July, 2004 a. $450.43 a. Richard Wylie. 5. Checking checking Brenda Wylie Account account. received $1,000. Richard Wylie received the rest of the money in the joint accounts. 6. Savings a. NCFCU Joint a. July, 2004 a. $66.28 as of a. Richard Wylie Account vin s 7/1/04. Money Markets b. NCFCU Joint b. July, 2004 b. $5,112.60 b. Richard Wylie Money Market received $4 112 60 , . ; Account. Brenda Wylie received $i 000.00 LIABILITIES Plaintiff does not believe there are any marital liabilities. ITEM NUMBER I DESCRIPTION , CREDITORS DEBTORS N ? FT, John J. Connelly, Jr., Esquire PA I.D.No. 15615 James, Smith, Dietterick & Connelly LLP P.O. Box 650 Hershey, PA 17033 BRENDA A. WYLIE, Plaintiff V. RICHARD D. WYLIE, Defendant Date of Marriage: Date of Separation: Divorce Complaint filing date: PLAINTIFF'S PRE-TRIAL STATEMENT 1. ASSETS A. Marital Property B. Non-marital Property 2. EXPERT WITNESSES ORIGINAL IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04 - 5578 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE September 26, 1979 June 30, 2004 November 5, 2004 See Exhibit "A" See Exhibit "A" Plaintiff knows of no expert witnesses at this time. However, Plaintiff reserves the right to supplement this answer should such become available. 3. NON-EXPERT WITNESSES Plaintiff knows of no non-expert witness at this time with exception to the parties. However, Plaintiff reserves the right to supplement this answer should such become available. 4. EXHIBITS (a). Plaintiffs Inventory (Exhibit "A"). (b). Plaintiffs Income and Expense Statement (Exhibit "B"). 5. GROSS INCOME/NET INCOME A. Plaintiff- See Income and Expense Statement. (Exhibit "B"). B. Defendant - See Defendant's Income and Expense Statement. 6. EXPENSES A. Plaintiff - See Income and Expense Statement. (Exhibit "B"). B. Defendant - See Defendant's Income and Expense Statement. 7. PENSIONS/RETIREMENT A. Plaintiff- See Exhibit "A" B. Defendant - See Exhibit "A" 8. COUNSEL FEES A. Plaintiff- Plaintiff has incurred counsel fees and expenses in this action. Itemized list of fees and expenses will be produced at trial. B. Defendant - See Defendant's Pre-Trial Statement. 9. PERSONAL PROPERTY DISPUTE: Plaintiff believes and therefore avers that the parties have distributed the personal property to their mutual satisfaction. 10. MARITAL DEBTS- See Exhibit "A" 11. PROPOSED RESOLUTION: Plaintiff requests this Court distribute the marital assets 60%-40% in favor of Plaintiff and order an award of indefinite alimony in the amount of $800.00 per month. Respectfully submitted, JAMES, SMITH, DIETTERICK & CONNELLY i Date: Ao By: John J. Connelly squir Attorney I.D. #15615 Courtney L. Kishel, Esquire Attorney I.D. #81509 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Attorneys for Plaintiff Brenda A. Wylie IXHIBIT A John J. Connelly, Jr., Esquire PA I.D.No. 15615 James, Smith, Dieuerick & Connelly LLP P.O. Box 650 Hershey, PA 17033 BRENDA A. WYLIE, Plaintiff V. RICHARD D. WYLIE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04 - 5578 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE INVENTORY OF PLAINTIFF Plaintiff files the following inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three (3) years. Plaintiff verifies that the statements made in this inventory are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. Date: 6-h l )0(? BRENDA WYLIE, PLAINTIFF ASSETS OF PARTIES Plaintiff marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. If an item has been appraised, a copy of the appraisal report is attached. (x) 1. Real property (x) 2. Motor vehicles () 3. Stocks, bonds, securities and options () 4. Certificates of Deposit (x) 5. Checking accounts, cash (x) 6. Savings accounts, money market () 7. Contents of safe deposit boxes () 8. Trusts () 9. Life insurance policies (indicate face value, cash surrender value and current beneficiaries) () 10. Annuities () 11. Gifts () 12. Inheritances () 13. Patents, copyrights, inventions, royalties (X) 14. Personal property outside the home () 15. Businesses (list all owners, including percentage of ownership, and officer/director positions held by a party with a company) () 16. Employment termination benefits - severance pay, workman's compensation claim/award () 17. Profit sharing plans (x) 18. Pension plans (indicate employee contribution and date plan vests) (x) 19. Retirement plans, Individual Retirement Accounts () 20. Disability payments () 21. Litigation claims (matured and unmatured) () 22. Military/V.A. benefits () 23. Education benefits () 24. Debts due, including loans, mortgages held () 25. Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute) () 26. Other MARITAL PROPERTY Plaintiff lists all marital property in which either or both spouses have a legal or equitable interest individually or with any person as of the date this action was commenced. ITEM NUMBER DESCRIPTION OF PROPERTY NAMES OF ALL OWNERS Marital Residence: In Brenda & Richard Wylie 1. Real Property December, 2005, the parties sold the marital residence. The proceeds to the sale are in escrow held by Defendant's counsel and are approximately $187,000.00 a. 1999 Saturn SL: a. Brenda & Richard Wylie 2. Motor Vehicles': Valued at approximately $1,275.00. b. 1996 Chevy Blazer: Valued at approximately b. Brenda & Richard Wylie $1,940.00. C. 1992 Chevy C150: c. Brenda & Richard Wylie Valued at approximately $1,765.00. d. 1988 Kawasaki KL d. Richard Wylie 650-A2 KLR: Valued at approximately $700.00. i All values on vehicles are pursuant to Kelley Blue Book. e. 1987 Kawasaki KL 260-134 KLR: Valued at approximately $590.00. f. 1992 Kawasaki ZG 1000-A7: Valued at approximately $1,900.00. g. 2000 Parolis 500 cc (Zh Valued at approximately $2,700.00 each. e. Richard Wylie . Richard Wylie . Richard Wylie (for each) a. Wife's SVFCU a. Brenda Wylie 5. Checking Accounts Checking Account: Valued at approximately $380.84 at the time of separation. b. Husband's PA b. Richard Wylie Central FCU Account: Valued at $408.78 at the time of separation. C. NCFCU Joint c. Brenda & Richard Wylie Checking Account: Valued at $450.43 on 7/1/04. 6. Savings Accounts: a. Wife's SVFCS a. Brenda Wylie Savings Account: Valued at $190.42 at the time of separation. b. Husband's PA Central FCU Savings b. Richard Wylie account: Valued at $1,269.16 at the time of separation. C. NCFCU Joint Savings Account: Valued at $66.28 c. Brenda & Richard Wylie as of 7/1/04. d. NCFCU Joint Money Market Account: Valued at d. Brenda & Richard Wylie $5,112.60 as of separation. At the time of separation, Wife withdrew $1,000.00 from the account. Personal Property: 14 a. Longaberger Baskets: a. Brenda Wylie . Valued at approximately $762.00. b. Husband's Gun b. Richard Wylie collection: Value unknown. C. Husband's Coin c. Richard Wylie Collection: Valued at approximately $17,525.00. 18.& 19. Pension a. Wife's PSERS account: a. Brenda Wylie Plans/Retirement Accounts. Valued at $19,584.21 at the time of separation. b. Wife's PHFA pension: Valued at approximately b. Brenda Wylie $13,000.00. c. Husband's Maritrans Pension: Valued at c. Richard Wylie approximately $70,182.45 2 as of 5/05. d. Husband's Gateway Retirement Plan: Valued d. Richard Wylie at approximately $30,649.08. 2 See Pension Appraisers Analysis Report. NON-MARITAL PROPERTY Plaintiff lists all property in which a spouse has a legal or equitable interest which is claimed to be excluded from marital property. ITEM NUMBER DESCRIPTION OF PROPERTY REASON FOR EXCLUSION 19. Retirement Accounts Husband's Retirement Account with Vane Line Bunkering, Inc. Husband's participation in the plan began after date of separation (6/04). ITEM DESCRIPTION DATE OF CONSIDERATION TRANSFEREE NUMBER TRANSFER 1. Real Marital December, 2005 $186,624.28 Sold. Pro a Residence a. 1999 Saturn a. Spring, 2005 a. $1.00. a. Brenda Wylie 2. Motor SL vehicles b. 1996 Chew b. Spring, 2005 b. $1.00. b. Brenda Wylie Blazer c. 1992 Chew c. Spring, 2005 c. $1.00. Later c. Richard Wylie C 150 between the traded in by later traded in. parties. Vehicle Defendant for was later traded unknown value. by Defendant but date is unknown, a. NCFCU Joint a. July, 2004 a. $450.43 a. Richard Wylie. 5. Checking checking Brenda Wylie Account account. received $1,000. Richard Wylie received the rest of the money in the 'oint accounts. 6. Savings a. NCFCU Joint a. July, 2004 a. $66.28 as of a. Richard Wylie Account & Savings 7/1/04. Money Markets b. NCFCU Joint b. July, 2004 b. $5,112.60 b. Richard Wylie Money Market received $4,112.60; Account. Brenda Wylie received $1,000.00 LIABILITIES Plaintiff does not believe there are any marital liabilities. ITEM NUMBER I DESCRIPTION I CREDITORS I DEBTORS EXHIBIT B BRENDA A. WYLIE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 04-5578 RICHARD D. WYLIE, : CIVIL ACTION - LAW Defendant : IN DIVORCE INCOME AND EXPENSE STATEMENT OF PLAINTIFF, BRENDA A. WYLIE INCOME Employer: Address: Type of Work: Payroll Number: Pay Period (weekly, biweekly, etc.): Gross Pay per Pay Period: Itemized Payroll Deductions: Federal Withholding Social Security Local Wage Tax State Income Tax Retirement Savings Bonds Credit Union Life Insurance Health Insurance Unemployment Tax Other - Medicare Net Pay per Pay Period: West Shore School District 507 Fishing Creek Road, Lewisberry, PA 17339 Secretarial n/a bi-monthly $1,006.39 $61.54 $59.89 $14.01 $29.66 $75.48 n/a n/a n/a $40.39 $0.91 $14.01 $710.50 MONTHLY YEARLY (Fill in appropriate column) OTHER INCOME Interest Dividends Pension Annuity Social Security Rents Royalties Expense Accounts Gifts Unemployment Comp. Worker's Comp. Alimony Child Support TOTAL NET INCOME Home $804.00 $804.00 $9,648.00 Mortgage/Rent $550.00 $6,600.00 Maintenance Utilities Electric Gas Oil Telephone Water Sewer $98.00 $1,176.00 $105.00 $1,260.00 MONTHLY YEARLY (Fill in appropriate column) Employment Public Transportation Lunch $65.00 Taxes Real Estate Personal Property Income Insurance Homeowners $11.58 Automobile $199.95 Life Accident Health Other Automobile Payments Fuel $120.00 Repairs $83.33 AAA $5.75 Medical Doctor $16.67 Dentist Orthodontist Hospital Medicine $20.00 Special Needs (glasses, contacts, $16.67 braces, orthopedic devices) $780.00 $139.00 $2,399.40 $1,440.00 $1,000.00 $69.00 $200.00 $240.00 $200.00 MONTHLY YEARLY (Fill in appropriate column) Education Private School Parochial School College $88.06 $1,056.72 Religious Personal Clothing $75.00 $900.00 Food $450.00 $5,400.00 Barber/Hairdresser $60.00 $720.00 Credit Payments Charge Accounts $300.00 $3,600.00 Memberships $19.95 $239.40 Laundry $60.00 $720.00 Loans Credit Union $139.07 $1,668.84 Miscellaneous Household Help Child Care Paper/Books/Magazines $6.80 $81.60 Entertainment Pay TV $47.68 $572.16 Vacation Gifts $50.00 $600.00 Legal Fees Charitable Contributions Alimony Payments TOTAL EXPENSES $2,588.51 $31,062.12 VERIFICATION I, Brenda A. Wylie, verify that the statements made in this Income and Expense Statement are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsification to authorities. Date: Brenda A. Wylie, Plaintiff VERIFICATION I verify that the statements made in this Pre-Trial Statement are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unworn falsification to authori ties. Date:_ '51q )OG tl t ?J / ` Brenda Wylie, Plaintiff' << T ?i ? ??? i ? ?. "U !3 ?' ??`??, r . - -o '.7?i ?, '' C?CCA `.{ ? ? L. 5/18/06=12:01 PM=mr-wylie pre-trial=92 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRENDA A. WYLIE, PLAINTIFF NO. 04-5578 V. RICHARD D. WYLIE, DEFENDANT CIVIL TERM ACTION IN DIVORCE PRE-TRIAL STATEMENT OF DEFENDANT ON THIS day of , 2006, Defendant, Richard D. Wylie, by and through his counsel, James G. Keenan, Es 're, files this Pre-Trial Statement pursuant to Pennsylvania Rule of Civil Procedure 1920.33(b), the following is the pretrial statement. 1. Marital/non-marital assets. A complete list of all marital and non-marital assets, their value and all other information is contained within the Inventory and Appralsement of Defendant, Richard D. Wylie (see attached as Exhibit "A"). 2. Expert Witnesses. None at this time. However, Defendant specifically reserves the right to identify expert witnesses as the need may arise prior to trial with appropriate notice to counsel. Defendant reserves the right to amend this response upon review of Plaintiffs pre-trial statement. 3. Lay Witnesses. The witnesses are as follows: a. Defendant, Richard D. Wylie. b. Plaintiff, Brenda A. Wylie (as on cross). C. Rebuttal witnesses are reserved. d. Defendant reserves the right to amend this response upon his final review of the Inventory and Appraisement and Pre-Trial Statement when Defendant returns from his current tour at sea. 4. Exhibits. The following list represents the attached Exhibits which shall be used at the time of the hearing: a. Defendant's Inventory and Appraisement with accompanying supporting documentation (see Exhibit "A"). b. Defendant's Income and Expenses Statement (see attached Exhibit `B"). 5. Income. A copy of Defendant's paystub is attached to the Income and Expenses Statement labeled as Exhibit "B". f f 5/18/06=12:01 PM=Tn=vylie pre-trial=f#2 6. Expenses. The income and expenses are as stated on Defendant's Income and Expense Statement (see attached Exhibit `B"). 7. Pension. The value of the pension and/or retirement benefits have been included in the inventory and Appraisement (see attached Exhibit "A"). 8. Counsel fees. Husband will present the basis in support of the claim for counsel fees at the hearing. 9. Personalty. All assets are included on Defendant's Inventory and Appraisement (see attached Exhibit «A,9 10. Marital debts. Marital debts are listed on the Defendant's Inventory and Appraisement (see attached Exhibit "A"). 11. Proposal. a. Defendant requests this Court distribute the marital assets equally between the parties and to deny Wife's claim for alimony due to lack of need for financial maintenance vocational rehabilitation. Respectfully submitted, HOFFMEYER & SEMMELMAN, LLP BY: Jame G. eenan, Esquire Attorney for Defendant 30 North George Street York, Pennsylvania 17401 Telephone #: (717) 846-8846 Supreme Court #: 58287 i d 5/18/06=3:47 PM?m=wylie pre-trial=f#2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA BRENDA A. WYLIE, NO. 04-5578 PLAINTIFF V. CIVIL TERM RICHARD D. WYLIE, DEFENDANT ACTION IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that I have on this date served the Pre-Trial Statement of Defendant on the person and in the manner indicated below, which satisfies the requirements of Pa.R.C.P. 440. Service by Federal Express, as follows: E. Robert Elicker, II, Esquire Divorce Master Divorce Masters Office 9 North Hanover Street Carlisle, Pennsylvania 17013 Service by first class, postage paid, United States mail addressed as follows: John J. Connelly, Jr., Esquire James, Smith, Durkin & Connelly, LLP 134 Sipe Avenue Hummelstown, Pennsylvania 17036 DATE: `p1 U 61 BY: ?. Jame Keenan, Esquire Atto for Defendant 30 North George Street York, Pennsylvania 17401 Telephone #: (717) 846-8846 Supreme Court #: 58287 1 N O T r7l 3 5/18/06=1:39 PM=rsm=wylie invandapp=F#1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA BRENDA A. WYLIE, PLAINTIFF NO. 04-5578 CIVIL TERM v RICHARD D. WYLIE, DEFENDANT CIVIL ACTION - LAW IN DIVORCE c/o Kay Shaffer 10 Springs House Circle (Plaintiffs Street Address) Etters, Pennsylvania 17319 (City, State, Zip Code) James G. Keenan, Esquire (Attorney for Defendant) 30 North George Street (Street Address) York, Pennsylvania 17401 (City, State, Zip Code) (717) 846-8846 (Area Code) (Telephone Number) 801 Bridge Street Apt B (Plaintiffs Street Address) New Cumberland, Pennsylvania 17070 (City, State, Zip Code) John J. Connelley, Jr., Esquire (Attorney for Plaintiff) 134 Sipe Avenue (Street Address) Hummelstown, Pennsylvania 17036 (City, State, Zip Code) (717) 533-3280 (Area Code) (Telephone Number) INVENTORY AND APPRAISEMENT OF RICHARD D. WYLIE Defendant files the following Inventory and Appraisement of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. Defendant verifies that the statements made in this Inventory and Appraisement are true and correct. Defendant understands that false statements are herein made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Richard D. Wylie, Defendant c1 L? 5/18/06=1:39 PM=rsm=wyhe invandapp=F#1 ASSETS OF PARTIES Defendant marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. If an item has been appraised, a copy of the appraisal report is attached. (X) 1. Real property (X) 2. Motor Vehicles ( ) 3. Stocks, bonds, securities and options ( ) 4. Certificates of deposit (X) 5. Checking accounts, cash (X) 6. Savings accounts, money market and savings certificates ( ) 7. Contents of safe deposit boxes ( ) 8. Trusts ( ) 9. Life insurance policies (indicate face value, cash surrender value and current beneficiaries) ( ) 10. Annuities ( ) 11. Gifts ( ) 12. Inheritances ( ) 13. Patents, copyrights, inventions, royalties ( ) 14. Personal property outside the home ( ) 15. Businesses (list all owners, including percentage of ownership, and officer/director positions held by a party with company) ( ) 16. Employment termination benefits - severance pay, workman's compensation claim/award ( ) 17 Profit sharing plans (X) 18. Pension plans (indicate employee contribution and date plan vests) (X) 19. Retirement plans, Individual Retirement Accounts ( ) 20. Disability payments ( ) 21. Litigation claims (matured and unmatured) ( ) 22. Military/V.A. benefits ( ) 23. Education benefits (X) 24. Debts due, including loans, mortgages held (X) 25. Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute) ( ) 26. Other 2 5/18/06=1:39 PM=rsm=wyhe invandapp=F#1 MARITAL PROPERTY LIST • Defendant lists all property in which either or both spouses have a legal or equitable interest, individually or with any other person, as of the following dates. NOTE: Liens are referenced behind each item on this list, with more specific detail itemized on the list entitled "Liabilities". Item Description Names of No. Of Property All Owners Value Comments 1. Marital Resisdence: Joint 187,000 Proceeds from sale of residence 304 Thorley Rd. in escrow account with New Cumberland, PA. Commerce Bank Account # 7760029886 2.a. 1992 Chevy 1500 Truck Joint 1140.00 Kelly Blue Book approximate present trade in value. Property transferred to Husband 2.b. 1996 Chevy Blazer Joint 1720.00 Kelley Blue Book approximate present trade in value. Property transferred toWife 2.c. 1999 Saturn SL Joint 1605.00 Kelley Blue Book approximate present trade in value. Property transferred to Wife 2.d. 1992 Kawasaki ZG1000-A7 Husband 1710.00 Kelley Blue Book approximate Concours present trade in value 2.e. 1988 Kawasaki KL650-A2 Husband 675.00 Kelley Blue Book approximate KLR present trade in value 2.f. 1987 Kawasaki KL250-D4 Husband 565.00 Kelley Blue Book approximate KLR present trade in value 2.g. 2 each 2000 Polaris Magnum Husband 4440.00 Kelley Blue Book approximate 500 4 wheel ATV present trade in value @ 2,220 each 5.a. Susquehanna Valley F.C.U Wife 380.84 DOS Statement value 6/30/04 Checking # 1151740 5.b. Pennsylvania Central F.C.U. Husband 269.39 Balance from 6/30/04 statement Checking #15146-014 5.c. New Cumberland Joint 450.43 Balance from 7/1/04 statement F.C.U.Checking # 068751 S4 6.a. Susquehana Valley F.C.U. Wife 190.42 Balance from 6/30%04 statement Savings #11517-00 6.b. Pennsylvania Central Husband 1171.40 Balance from 6/30/04 statement F.C.U.Savings #15146-014- 074 6.c. New Cumberland FCU Joint 66.28 Balance from 7/1/04 statement Savings #068751-S-1 6.d. New Cumberland F.C.U. Joint 2014.42 Balance from 7/31/04 statement Money Market #068751 S3 18.a. PSERS Pension Wife 19584.21 DOS present value per option 1 18.b. Maritrans Pension Husband 70182.45 Pension Appraisers Valuation 3 5/18/06=1:39 PM=rsm=wyhe invandapp=F#1 19.a. PHFA Retirement Plan 19.b. Gateway 401k 24.a. Susquehanna Valley F.C.U Loan #1 24.b. New Cumberland F.C.U. #068751-L-4 Loan 24.c. Real Estate Taxes for Marital Residence 304 Thorley Road 25.a. Coin Collection 25.b. Longaberger Basket Collection 25.c. Jewelry 25.d. Gun collection as of 5/05 Wife 9024.53 As per D. McGarry on 12/1/04 Husband 27640.21 DOS balance from statement ending 6/30/04 Wife 3101.07 From 6/30/04 statement Joint 12627.11 Balance from 7/31/04 statement H paid 6211.00 post DOS. Balance of 6416.00 paid when marital residence was sold. Joint 2854.00 school Tax paid by H post DOS from 1338.000ty/Mun non-marital income. Husband 17525.00 Appraisal By Dennis R. Eckenrode on 2/28/06 Wife 1217.00 low estimate of value from 1903.00 high 2005/2006 Bentley Collection Guide Wife 3254.00 Purchase an appraisal values of jewelry in Wife's possession Husband Unknown Husband to keep in his possession 4 5/18/06=1:39 PM=rsm=wyhe invandapp=F#1 NON-MARITAL PROPERY LIST Plaintiff lists all non-marital property in which one spouses has a legal or equitable interest, individually or with any other person, as of the following dates. Item Description Names of No. Of Property All Owners Value Comments 1. Vane Line Bunkering Husband 1,236.72 Balance on 12/31/04 401k Non-marital account. Participation post- separation. Husband eligible to participate as of 10/1/04 5 VERIFICATION I, James G. Keenan, Esquire, verify that I am the attorney for Defendant, Richard D. Wiley in the foregoing matter and that he is unavailable to sign this Verification; that I am duly authorized to sign the same on his behalf; and that the statements made in the foregoing Inventory and Appraisement of Richard D. Wiley 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.A. Section 4904, relating to unworn falsification to authorities. Respectfully submitted, HOFFMEYER & SEMMELMAN, LLP B J Oome enan, Esquire A Defendant 3orge Street York, Pennsylvania 17401 Telephone #: (717) 846-8846 Supreme Court #: 58287 12:15:18 PM=5/18/2006=rsm=wy1ie I&A certserv IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA BRENDA A. WYLIE, NO. 04-5578 CIVIL TERM PLAINTIFF : V. CIVIL ACTION - LAW RICHARD D. WYLIE, DEFENDANT IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that I have on this date served the Inventory and Appraisement of Richard D. Wylie on the person and in the manner indicated below, which satisfies the requirements of Pa.R.C.P. 440. Service by Federal Express, next day service as follows: Divorce Master E. Robert Elicker, II Office of Divorce Master Court of Common Pleas 9 North Hanover Street Carlisle, Pennsylvania 17013 Service by first class mail, postage pre-paid, United States mail as follows: John J. Connelly, Jr. Esquire P.O. Box 650 Hershey, Pennsylvania 1733-0650 DATE: A . jy for Defendant 30 North George Street York, Pennsylvania 17401 Telephone #: (717) 846-8846 Supreme Court #: 58287 n -Tj rnF= t.0 9 d FrI a w. C`.Ol,?21 Cwt W u PLF4S OF CJAA-06 J Ak1b Ccx ctiTy WVu E, A10: Oq- 557$' L 1 V1 L 1 C9K L?? ?(LI C? X 1V I Voce (????nd??? oME ?NLZEXPE}?iSE ATEMENT OF SSN /9,7- 5/0 -ooot DR(#, 1 (/(f DATE 9 0? THIS STATEMENT MUST BE FILLED (If you are self-employed or if you are salaried by a business of which you are owner in whole or in part, you must also fill out the Supplemental Income Statement which appears on the last page of this Income and Expense Statement.) INCOME (a) WageslSalary _ Empioyer & Address job Title/Description /. ;0'! ' /•i '14 Pay Period (weekly, bi-weekly on Gross Pay per Pay Period .................................................. Payroll Deductions: Federal Withholding ..............4, 711, ? Social Security .................. .$ .?fr5 - 5 Locai Wage Tax ......1r-Y .7-.$ G e) State Income Tax .............. $ / ?3 - f G Retirement .............. $ Health Insurance......... $ _ Other (specify) .... ..fr? ....$ L.!. ......$ 3 a? ..' ..rA ..........$ 1?-2 ZZ Net Pay per Pay Period ........................................... (b) Other Income Week InterestlDividends ...................... $ Pension/Annuity ........................ $ Social Security ............................. $ Rents/Royalties ........................... $ Expense Account ......................... $ Gifts .............................................. $ Unemployment Compensation . $ Workmen's Compensation......... $ Total, Other Income ............................ $ ,. s 074........................ $ ` / ......................................... $_-1'?1-' / Month Year $ $ $ $ $ $ $ $ INCOME AND EXPENSE STATEMENT OF 'Rlchard b. ()lie I verify that the statements made in this Income and Expense Statement are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa .S. 4904 r "atin t worn falsif' on s.1 on es Date: Plaintiff or 12:14:45 PM=5/18/2006=rsm=wylie 1&E certserv IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA BRENDA A. WYLIE, V. PLAINTIFF CIVIL ACTION - LAW RICHARD D. WYLIE, DEFENDANT IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that I have on this date served the Income and Expense Statement of Richard D. Wylie on the person and in the manner indicated below, which satisfies the requirements of Pa.R.C.P. 440. Service by Federal Express, next day service as follows: Divorce Master E. Robert Elicker, H Office of Divorce Master Court of Common Pleas 9 North Hanover Street Carlisle, Pennsylvania 17013 Service by first class mail, postage pre-paid, United States mail as follows: John J. Connelly, Jr. Esquire P.O. Box 650 Hershey, Pennsylvania 1733-0650 DATE: -5-ly?/OS. NO. 04-5578 CIVIL TERM B*_w J es G. eenan, Esquire Att for Defendant 30 North George Street York, Pennsylvania 17401 Telephone #: (717) 846-8846 Supreme Court #: 58287 "" in T7 _i -?f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRENDA. WYLIE, V. RICHARD D. WYLIE, BRENDA. WYLIE, PLAINTIFF DEFENDANT PLAINTIFF V. RICHARD D. WYLIE, DEFENDANT :NO. 04-5578 CIVIL ACTION - LAW IN DIVORCE :NO. 04-5578 C3-_^ '" w PACSES NO. 49210721 , z CIVIL ACTION - LAW ?? D v+`n cr = o 0 • -t z PRAECIPE TO WITHDRAW APPEARANCE TO DOMESTIC RELATIONS SECTION: Please withdraw my appearance as counsel for Defendant, Richard D. Wylie, in the above-captioned actions. DATE: D Oo(, By. ?? Jame G Ceen , Esquire Attofor Defendant 30 North George Street York, Pennsylvania 17401 Telephone #: (717) 846-8846 Supreme Court #: 58287 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRENDA. WYLIE, V. RICHARD D. WYLIE, BRENDA. WYLIE, V. RICHARD D. WYLIE, PLAINTIFF CIVIL ACTION - LAW DEFENDANT : IN DIVORCE PLAINTIFF DEFENDANT CIVIL ACTION - LAW CERTIFICATE OF SERVICE I hereby certify that I have on this date served the Praecipe to Withdraw as Counsel on the person and in the manner indicated below, which satisfies the requirements of Pa.R.C.P. 440. Service by first class mail, postage pre-paid, United States mail as follows: John J. Connelly, Jr., Esquire James, Smith, Durkin & Connelly, LLP 134 Sipe Avenue Hummelstown, Pennsylvania 17036 DATE: 30, 2-006 BY: Jam NO. 04-5578 NO. 04-5578 PACSES NO. 482107213 Atto*'ey for Defendant 30 North George Street York, Pennsylvania 17401 Telephone #: (717) 846-8846 Supreme Court #: 58287 ?--? o c ' `? ? ?' m n;??`.": ?o -ca a ; F ?. ,. < , ;. ti, f ?. -v .- ? t-, ?; Qrn ?,`_ W ' r C; p ,?,? p < ? ? 9/14/20068:19 AM=1d=wylie withdraw=D#1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRENDA A. WYLIE, NO. 04-5578 PLAINTIFF V. CIVIL ACTION - LAW RICHARD D. WYLIE, : DEFENDANT DIVORCE BRENDA A. WYLIE, NO. 04-5578 PLAINTIFF PACSES NO. 482107213 V. CIVIL ACTION - LAW RICHARD D. WYLIE, : DEFENDANT PRAECIPE TO WITHDRAW AND ENTER APPEARANCE TO THE PROTHONOTARY: Please withdraw the appearance of James G. Keenan, Esquire on behalf of Defendant, Richard D. Wylie, in the above captioned matters. n r' Jamb G eenan, Esquire Attorney for Defendant 30 North George Street York, Pennsylvania 17401 Telephone #: (717) 846-8846 Supreme Court #: 58287 Please enter the appearance of Barbara Sumple-SuWY)NAl?Mdant, Richard D. Wylie, in the above-captioned matters. B Attorney for Defendant 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 Supreme Court #32317 °' tai c C c:a MARITAL SETTLEMENT AGREEMENT BY AND BETWEEN BRENDA A. WYLIE AND RICHARD D. WYLIE John J. Connelly, Jr., Esquire JAMES, SMITH, DIETTERICK & CONNELLY LLP P.O. Box 650 Hershey, PA 17033 Telephone: (717) 533-3280 Counsel for Brenda A. Wylie Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 Telephone: (717) 774-1445 Counsel for Richard D. Wylie MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this day of December, 2006 by and between BRENDA A. WYLIE, of York County, Pennsylvania, and RICHARD D. WYLIE, of York County, Pennsylvania. WITNESSETH: WHEREAS, Richard D. Wylie (hereinafter called "Husband") currently resides at 476 Spruce Road, New Cumberland, York County, Pennsylvania 17070; WHEREAS, Brenda A. Wylie (hereinafter called "Wife") currently resides at 712 Quaker Circle, Apartment 6, Lewisberry, York County Pennsylvania 17339; WHEREAS, the parties hereto are husband and wife, having been lawfully married on September 29, 1979; WHEREAS, the parties have lived separate and apart since on or about June 30, 2004; WHEREAS, two children were born of the marriage between the parties, namely, Ian D. Wylie, born February 8,1983; and Travis M. Wylie, born December 27,1985; WHEREAS, the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership of real and personal property, the support and maintenance of one another and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW THEREFORE, in consideration of these premises, and of the mutual promises, covenants and undertakings hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. PERSONAL RIGHTS. Husband and Wife may, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference and authority, direct or indirect by the other. Each may reside at such place or places as he or she may select. Each may, for his or her separate use or benefit, conduct, carry on or engage in any business, occupation, 1 profession or employment which to him or her may seem advisable. Husband and Wife shall not molest, harass, disturb or malign each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereafter acquired by the other. 2. ADVICE OF COUNSEL. Each party acknowledges that he or she has had the opportunity to receive independent legal advice from counsel of his or her selection. Husband has secured legal advice from Barbara Sumple-Sullivan, Esquire, his counsel, and Wife has secured legal advice from John J. Connelly, Jr., Esquire, her counsel. Each party fully understands the facts and his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, and that the execution of this Agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. In addition, each party understands the impact of the Pennsylvania Divorce Code, whereby the court has the right and duty to determine all marital rights of the parties including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same, each party hereto still desires to execute this Agreement acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his and her respective right to have the Court of Common Pleas of Cumberland County, or any other court of competent jurisdiction, make any determination or order affecting the respective parties' rights to alimony, alimony pendente lite, support and maintenance, equitable distribution, counsel fees and costs of litigation. 3. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges that he or she is aware of his or her right to seek discovery including, but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or she has 2 had the opportunity to discuss with counsel the concept of marital property under Pennsylvania law and each is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the courts of this Commonwealth or any other court of competent jurisdiction. The parties do hereby acknowledge that there has been full and fair disclosure to the other of his or her respective income, assets and liabilities, whether such are held jointly, in the name of one party alone or in the name of one of the parties and another individual or individuals. Each party agrees that any right to further disclosure, valuation, appraisal or enumeration or statement thereof in this Agreement is hereby specifically waived, and the parties do not wish to make or append hereto any further enumeration or statement. Specifically, each party waives the need for copies of bank statements, insurance policies, retirement plan statements or any other documentation. Each party warrants that he or she is not aware of any marital asset that is not identified in this Agreement. The parties hereby acknowledge and agree that the division of assets as set forth in this Agreement is fair, reasonable and equitable, and is satisfactory to them. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators or assigns in any action of contention, direct or indirect, and allege therein that there was a denial of any rights to full disclosure, or that there was any fraud, duress, undue influence or that there was a failure to have available full, proper and independent representation by legal counsel. 4. MUTUAL CONSENT DIVORCE. It is the intention of the parties, and the parties agree, that by this Agreement they have resolved all ancillary economic issues related to the dissolution of their marriage and thus any divorce action with respect to these parties shall be limited to a claim for divorce only. Wife acknowledges that she has filed a Divorce Complaint in the Court of Common Pleas Cumberland County, Pennsylvania, Docket No. 04-5578. The parties agree that, at the time of the execution of this Agreement, they will each execute an Affidavit of Consent and Waiver of Notice of Intention to Request Entry of Divorce Decree in order that counsel for Wife may finalize the divorce action promptly. Upon completion of the divorce action, counsel for Wife shall supply counsel for Husband with a copy of the Decree. 3 5. EQUITABLE DISTRIBUTION. A. Real Estate. The parties sold their marital residence located at 304 Thorley Road, New Cumberland, York County, Pennsylvania 17070. There is currently being held in escrow with James G. Keenan, Esquire, Hoffineyer & Semmelman, LLP, 30 North George Street, York, Pennsylvania 17401, former counsel for Husband, approximately $187,000.00. The parties agree that in addition to the provisions set forth herein, in order to effectuate equitable distribution, Wife shall receive the sum of $117,500.00 and Husband shall receive the sum of $69,500.00 of the total $187,000.00 currently being held. After the escrow account is closed, any proceeds over and above $187,000.00 shall be divided 55% to Wife and 45% to Husband. After the total amount distributed is identified, each party shall pay the tax liability on the interest generated from the said escrow account in the tax year 2006 in the same proportion that they receive in the distribution of the proceeds. For example, should no amount be distributed above $187,000.00, Wife would report 62.8% of the interest generated in 2006 on her Income Tax Return and Husband would report 37.2% of the interest generated on his Income Tax Return for the tax year 2006. Since it is anticipated there will be additional distribution over and above the $187,000.00, the final determination of each party's responsibility cannot be completed until the final distribution of all of the funds. B. Furnishings and Personalty. The parties agree that they have divided by agreement between themselves all furnishings and personalty located in the Marital Residence, including all furniture, furnishings, antiques, jewelry, rugs, carpets, household appliances and equipment. Accordingly, Husband shall retain sole and exclusive ownership of all furnishings and personalty currently in his possession, free and clear of any right, title, claim and/or interest of Wife and Wife shall retain all items of furnishings and personal property currently in her possession as her sole and separate property free and clear of any right, title, claim and/or interest of Husband. 4 C. Motor Vehicles. (1) Husband shall retain has his sole and separate property the 1992 Chevy C1500, 1988 Kawasaki KL650-A2 KLR, 1987 Kawasaki KL250-D4 KLR, 1992 Kawasaki ZG1000-A7, 2000 Parolis 500 cc (2) or the proceeds from the sale thereof. (2) Wife shall retain as her sole and separate property the 1999 Saturn SL and the 1996 Chevy Blazer or the proceeds from the sale thereof. (3) The parties agree that they will cooperate in effectuating the transfer of titles and insurance to accomplish the purposes of this subparagraph. D. Life Insurance. Each party shall retain any life insurance policies in their individual names, provided, however, that Husband shall name Wife as beneficiary on an insurance policy owned by him in an amount that will cover any existing balance of his alimony obligation in the event of Husband's death. This amount totals $30,000.00 at the beginning of the alimony payments as set forth herein. Husband shall supply Wife with written documentation of the beneficiary designation provided herein within thirty (30) days of the date of the execution of this Agreement. E. Pension and Retirement Benefits. (1) Wife shall retain as her sole and separate property her Pennsylvania School Employees' Retirement Pension and her PHFA retirement plan. (2) Husband shall retain as his sole and separate property his Gateway Retirement Plan. (3) The parties agree that they shall divide equally pursuant to a Qualified Domestic Relations Order the Maritrans Retirement Plan currently in Husband's name. The parties shall have Harry M. Leister, Jr., F.S.A., of Conrad Siegel Actuaries, prepare the Qualified Domestic Relations Order and shall share equally the cost of preparation. F. Bank Accounts. With the exception of the escrow account set forth in paragraph 5(a) hereof, each party shall retain the said bank accounts as set forth below: 5 (1) Husband shall retain the Pennsylvania Central Federal Credit Union Checking and Savings Accounts and the New Cumberland Federal Credit Union Savings Account and Joint Checking Account. (2) Wife shall retain the Susquehanna Valley Federal Credit Union Checking and Savings Accounts and the New Cumberland Federal Credit Union Account. (3) The parties have previously divided to their mutual satisfaction the New Cumberland Federal Credit Union Joint Money Market Account. G. Miscellaneous 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. H. Property to Wife. The parties agree that Wife shall own, possess, and enjoy, free from any claim of husband, the property awarded to her by the terms of this Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife. 1. Property to Husband. The parties agree that Husband shall own, possess, and enjoy, free from any claim of Wife, the property awarded to him by the terms of this Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband. J. Marital Debt. There is no marital debt of the parties; however, each parry retains any debt in their individual names that existed at the time of the parties' separation or 6 thereafter. All marital debts have been addressed in the equitable distribution of marital property. K. Liability not Listed. Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than those described in this Agreement, on which the other parry is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and such party agrees to pay it as the same shall become due, and to indemnify and hold the other parry and his or her property harmless from any and all debts, obligations and liabilities. L. Indemnification of Wife. If any claim, action or proceeding is hereafter initiated seeking to hold Wife liable for the debts or obligations assumed by Husband under this Agreement, Husband will, at his sole expense, defend Wife against any such claim, action or proceeding, whether or not well-founded, and indemnify her and her property against any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorney's fees incurred by Wife in connection therewith. M. Indemnification of Husband. If any claim, action or proceeding is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife under this Agreement, Wife will, at her sole expense, defend Husband against any such claim, action or proceeding, whether or not well-founded, and indemnify him and his property against any damages or loss resulting therefrom, including, but not limited to costs of court and actual attorney's fees incurred by Husband in connection therewith. N. Warranty as to Future Obligations. Husband and Wife each represents and warrants to the other that he or she will not at any time in the future incur or contract any debt, charge or liability for which the other, the other's legal representatives, property or estate may be responsible. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. Each party hereby agrees to indemnify, save and hold the other and his or her property harmless from any liability, 7 loss, cost or expense whatsoever, including actual attorneys fees, incurred in the event of breach hereof. 6. INCOME TAX. The parties have heretofore filed joint federal and state tax returns. Both parties agree that, in the event any deficiency in federal, state or local income tax is proposed or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 7. ALIMONY, ALIMONY PENDENTE LITE, SPOUSAL SUPPORT. Except as provided herein, Husband and Wife hereby expressly waive, discharge and release any and all rights and claims which he or she may have now or hereafter by reason of the parties' marriage to alimony, alimony pendente lite, spousal support and/or maintenance or other like benefits resulting from the parties' status as husband and wife. Except as provided herein, 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 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. There is currently in existence in the Court of Common Pleas, Cumberland County, Pennsylvania, Domestic Relations Division, Docket No. 04-5578, PACSES Case No. 482107213, an Order for alimony pendente lite in the amount of $804.00 per month. The said Order shall continue in effect until the entry of a Decree in Divorce at which time the payment shall convert to alimony as specifically set forth herein. Any arrearage due and owing on the said alimony pendente lite order shall be paid in full by Husband at the time of the termination of said Order. Any credit due and owing on the APL shall be paid by Domestic Relations to Husband at the time of termination of the Order. Thereafter, Husband shall pay to Wife in the form of alimony the sum of $500.00 per month for a period of five years (60 months) beginning on the first of the month following the 8 issuance of the Decree in Divorce. At the end of the month in which the Decree in Divorce is issued, the above-referenced alimony pendenete lite order shall terminate and shall be replaced by the alimony provisions set forth above. For example, in the event the Decree in Divorce is issued in the month of December 2006, the alimony payments shall begin on January 1, 2007. The said payment shall be non-modifiable as to duration or amount and shall terminate upon the first to occur of the following: (1) The expiration of the alimony term; (2) Death of Husband; (3) Death of Wife; or (4) Wife's remarriage or cohabitation. All such payments by Husband to Wife shall be deemed alimony, as defined in Section 71 (b) (1) (A) of the Internal Revenue Code as amended, and as said Section is amplified by the provisions of the Tax Reform Act of 1984 and Tax Reform Act of 1986, and any future laws or regulations related thereto. Payments from Husband, when received by Wife, shall be deductible in the year of payment by Husband pursuant to Section 215 of the Internal Revenue Code, as amended, or any similar future laws or regulations thereto, and shall be includable in the year of receipt in the gross income of Wife pursuant to Section 71 (b) (1) (A) of the Internal Revenue Code, as amended or any similar future laws or regulations thereto. 8. WAIVER OF INHERITANCE RIGHTS. Unless otherwise specifically provided in this Agreement, as of the execution date of this Agreement, Husband and Wife each waive all rights of inheritance in the estate of the other, any right to elect to take against the will or any trust of the other or in which the other has an interest, and each of the parties waives any additional rights which said party has or may have by reason of their marriage, except the rights saved or created by the terms of this Agreement. This waiver shall be construed generally and shall include, but not be limited to, a waiver of all rights provided under the laws of Pennsylvania, or any other jurisdiction. 9. WAIVER OF BENEFICIARY DESIGNATION. Unless otherwise specifically set forth in this Agreement, each party hereto specifically waives any and all beneficiary rights 9 and any and all rights as a surviving spouse in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final pay checks or any other post-death distribution scheme, and each party expressly states that it is his and her intention to revoke by the terms of this Agreement any beneficiary designations naming the other which are in effect as of the date of execution of this Agreement. If and in the event the other party continues to be named as beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party. 10. RELEASE OF CLAIMS. A. Wife and Husband acknowledge and agree that the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to §3502 of the Divorce Code, and Wife and Husband hereby waive any right to division of their property except as provided for in this Agreement. Furthermore, except as otherwise provided for in this Agreement, each of the parties hereby specifically waives, releases, renounces and forever abandons any claim, right, title or interest whatsoever he or she may have in property transferred to the other party pursuant to this Agreement or identified in this Agreement as belonging to the other party, and each party agrees never to assert any claim to said property or proceeds in the future. The parties have divided between them to their mutual satisfaction, personal effects, household goods and furnishings and all other articles of personal property which have heretofore been used in common by them, and neither party will make any claim to any such items which are now in the possession or under the control of the other. Should it become necessary, each party agrees to sign any title or documents necessary to give effect to this paragraph, upon request. However, neither party is released or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. Husband and Wife shall hereafter own and enjoy independently of any claim or right of the other, all items of personal property, tangible or intangible, acquired by him or her from the execution 10 date of this Agreement with full power in him or her to dispose of the same fully and effectively for all purposes. B. Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either party may have or at any time hereafter has for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses, and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights and obligations arising under this Agreement or for the breach of any of its provisions. Neither party shall have any obligation to the other not expressly set forth herein. C. Except as set forth in this Agreement, each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, curtesy, widow's or widower's rights, family exemption or similar allowance, or under the intestate laws or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country. D. Except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever in law or in equity, which either party ever had or now has against the other. 11 11. PRESERVATION OF RECORDS. Each party will keep and preserve for a period of four (4) years from the date of their divorce decree all financial records relating to the marital estate, and each parry will allow the other party access to those records in the event of tax audits. 12. MODIFICATION. No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 13. SEVERABILITY. If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 14. BREACH. If either party hereto breaches any provision hereof, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her. The non-breaching party shall be entitled to recover from the breaching party all costs, expenses and legal fees actually incurred in the enforcement of the rights of the non-breaching party. 15. WAIVER OF BREACH. The waiver by one party of any breach of this Agreement by the other party will not be deemed a waiver of any other breach or any provision of this Agreement. 16. NOTICE. Any notice to be given under this Agreement by either party to the other shall be in writing and may be effected by registered or certified mail, return receipt requested. Notice to Husband will be sufficient if made or addressed to the following: Richard D. Wylie 476 Spruce Road New Cumberland, PA 17070 and to Wife, if made or addressed to the following: Brenda A. Wylie 712 Quaker Circle Apartment 6 Lewisberry, PA 17339 12 Notice shall be deemed to have occurred upon the date received by the recipient. Each party may change the address for notice to him or her by giving notice of that change in accordance with the provisions of this paragraph. 17. APPLICABLE LAW. All acts contemplated by this Agreement shall be construed and enforced under the substantive laws of the Commonwealth of Pennsylvania (without regard to the conflict of law rules applicable in Pennsylvania) in effect as of the date of execution of this Agreement. 18. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they do so on the same date, or if not on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. 19. EFFECTIVE DATE. This Agreement shall become effective and binding upon both parties on the execution date. 20. EFFECT OF RECONCILIATION, COHABITATION OR DIVORCE. This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect a reconciliation, cohabit as husband and wife or attempt to effect a reconciliation. This Agreement also shall continue in full force and effect in the event of the parties' divorce. There shall be no modification or waiver of any of the terms hereof unless the parties in writing execute a statement declaring this Agreement or any term of this Agreement to be null and void. 21. HEADINGS NOT PART OF AGREEMENT. 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. 22. AGREEMENT BINDING ON PARTIES AND HEIRS. This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties. 23. ENTIRE AGREEMENT. Each party acknowledges that he or she has carefully read this Agreement; that he or she has discussed its provisions with an attorney of his or her 13 own choice, and has executed it voluntarily and in reliance upon his or her own attorney; and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover and supersedes any and all prior agreements between the parties. This Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties. 24. MUTUAL COOPERATION. Each party shall, on demand, execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiary designations, tax returns, and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on demand to comply with these provisions, that party shall pay to the other party all attorney's fees, costs, and other expenses actually incurred as a result of such failure. 25. AGREEMENT NOT TO BE MERGED. This Agreement may be incorporated into a decree of divorce for purposes of enforcement only, but otherwise shall not be merged into said decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or released. IN WITNESS WHEREOF, the parties hereto set their hands and seals on the dates of their ac owledpents. John J. Connelly, Jr., Esquire Attorney for Wife --) ___...... . 1 Barbara 'ump e-Sullivan, Esquire Attorney for Husband Brenda A. Wylie Richard D. Wylie 14 'r-3 C s' 'j!1 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 BRENDA A. WYLIE, IN THE COURT OF COMMON PLEAS Plaintiff V. RICHARD D. WYLIE, Defendant : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-5578 CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on November 5, 2004. 2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I 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. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. DATE: BRENDA A. WYLIE ?. { ???? > t -? t' .S ;,- _. ? - t--^' ?C'.... .,- ?' L.? S_ ? ? "r.. ?-?-' ?.- k?" •-, u- C ,-?? ,?.?: Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 BRENDA A. WYLIE, : IN THE COURT OF COMMON PLEAS Plaintiff V. RICHARD D. WYLIE, : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-5578 : 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 November 5, 2004. 2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I 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. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unworn falsification to authorities. ?r DATE: P" 4) RICHARD D. WYL :-; (.. t:> -? ? . t?? C? r ' {?`_ {i- r>ti,:: r C .-r- ?..i t "` t ..J 'J ?tiES „ ?? ? t? f? c^-' Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 BRENDA A. WYLIE, : IN THE COURT OF COMMON PLEAS Plaintiff V. RICHARD D. WYLIE, Defendant : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-5578 CIVIL ACTION -LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 33301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statement herein are made subject to the penalties of 18 Pa.C.S. 34904 relating to unsworn falsification to authorities. DATE: I ° ? ? b C? -, at-0 BRENDA A. WYLIE r`'f' f y IT C5 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 BRENDA A. WYLIE, IN THE COURT OF COMMON PLEAS Plaintiff V. RICHARD D. WYLIE, Defendant : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-5578 CIVIL ACTION -LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 33301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statement herein are made subject to the penalties of 18 Pa.C.S. 34904 relating to unsworn falsification to authorities. DATE: , RICHARD D. WYLI ;., r:: ...,, c? ? ,C'• -= r 'y t:? ?.1 1? n =? ?. 1 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 BRENDA A. WYLIE, : IN THE COURT OF COMMON PLEAS Plaintiff V. RICHARD D. WYLIE, Defendant : CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5578 CIVIL ACTION -LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under §3301 of the Divorce Code. 2. Date and manner of service of the complaint: United States Mail, Certified Mail, Restricted Delivery on November 18, 2004. 3. Date of execution of the Affidavit of Consent required by § 3301(c) of the Divorce Code: by Plaintiff: December 8, 2006; by Defendant: December 8, 2006. 4. Related claims pending: All matters have been resolved pursuant to the Marital Settlement Agreement reached by the parties dated December 8, 2006 and incorporated, but not merged, into the Decree. See paragraph 25, page 14 of the Agreement. 5. Date Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with Prothonotary: December 8, 2006. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with Prothonotary: December 8, 2006. F? Dated: December S7?, 2006 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717)-774-1445 Supreme Court ID #32317 Attorney for Defendant Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 BRENDA A. WYLIE, : IN THE COURT OF COMMON PLEAS Plaintiff V. RICHARD D. WYLIE, Defendant : CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5578 CIVIL ACTION -LAW IN DIVORCE CERTIFICATE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I served a true and correct copy of the foregoing Plaintiffs Praecipe to Transmit Record, in the above-captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: John J. Connelly, Jr., Esquire James Smith Dietterick & Connelly, LLP 134 Sipe Avenue Hummelstown, PA 17036 DATED: December f, 2006 Ba-r-Fa-ra Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 Supreme Court I.D. No. 32317 Attorney for Defendant ?? ?? ?? ?-- ---? r?? ;-,-? - ?? ./wA'. ?h f f'' c? -sl .-a ??; T ? ? ? ,=- -r7 %-, - ; ?,_I ?? i.~ 4 rc; S7 _f? ?.? BRENDA A. WYLIE, Plaintiff VS. RICHARD D. WYLIE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04 - 5578 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this day of 2006, the economic claims raised in the proceedings having been resolved in accordance with a marital settlement agreement dated December 8, 2006, 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, Q"' ? GLI Edgar B. Bayley, P.J. cc: ohn J. Connelly, Jr. Attorney for Plaintiff .Ararbara Sumple-Sullivan Attorney for Defendant A '?A'.te C'J ?v O , , ` F a ? t r j ?:??, ?;„ _ ? } =? ?a ? ? ... ?" r -?%7 C -- ? ? 3 ' . ' -? ?,? ? CYt ..r4 MARITAL SETTLEMENT AGREEMENT BY AND BETWEEN BRENDA A. WYLIE AND RICHARD D. WYLIE John J. Connelly, Jr., Esquire JAMES, SMITH, DIETTERICK & CONNELLY LLP P.O. Box 650 Hershey, PA 17033 Telephone: (717) 533-3280 Counsel for Brenda A. Wylie Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 Telephone: (717) 774-1445 Counsel for Richard D. Wylie MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT made this day of December, 2006 by and between BRENDA A. WYLIE, of York County, Pennsylvania, and RICHARD D. WYLIE, of York County, Pennsylvania. WITNESSETH: WHEREAS, Richard D. Wylie (hereinafter called "Husband") currently resides at 476 Spruce Road, New Cumberland, York County, Pennsylvania 17070; WHEREAS, Brenda A. Wylie (hereinafter called "Wife") currently resides at 712 Quaker Circle, Apartment 6, L.ewisberry, York County Pennsylvania 17339; WHEREAS, the parties hereto are husband and wife, having been lawfully married on September 29,1979; WHEREAS, the parties have lived separate and apart since on or about June 30, 2004; WHEREAS, two children were born of the marriage between the parties, namely, Ian D. Wylie, born February 8,1983; and Travis M. Wylie, born December 27,1985; WHEREAS, the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership of real and personal property, the support and maintenance of one another and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW THEREFORE, in consideration of these premises, and of the mutual promises, covenants and undertakings hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. PERSONAL RIGHTS. Husband and Wife may, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference and authority, direct or indirect by the other. Each may reside at such place or places as he or she may select. Each may, for his or her separate use or benefit, conduct, carry on or engage in any business, occupation, 1 profession or employment which to him or her may seem advisable. Husband and Wife shall not molest, harass, disturb or malign each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereafter acquired by the other. 2. ADVICE OF COUNSEL. Each parry acknowledges that he or she has had the opportunity to receive independent legal advice from counsel of his or her selection. Husband has secured legal advice from Barbara Sample-Sullivan, Esquire, his counsel, and Wife has secured legal advice from John J. Connelly, Jr., Esquire, her counsel. Each party fully understands the facts and his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, and that the execution of this Agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. In addition, each party understands the impact of the Pennsylvania Divorce Code, whereby the court has the right and duty to determine all marital rights of the parties including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same, each party hereto still desires to execute this Agreement acknowledging that the terns and conditions set forth herein are fair, just and equitable to each of the parties, and waives his and her respective right to have the Court of Common Pleas of Cumberland County, or any other court of competent jurisdiction, make any determination or order affecting the respective parties' rights to alimony, alimony pendente lite, support and maintenance, equitable distribution, counsel fees and costs of litigation. 3. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges that he or she is aware of his or her right to seek discovery including, but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or she has 2 had the opportunity to discuss with counsel the concept of marital property under Pennsylvania law and each is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the courts of this Commonwealth or any other court of competent jurisdiction. The parties do hereby acknowledge that there has been full and fair disclosure to the other of his or her respective income, assets and liabilities, whether such are held jointly, in the name of one party alone or in the name of one of the parties and another individual or individuals. Each party agrees that any right to further disclosure, valuation, appraisal or enumeration or statement thereof in this Agreement is hereby specifically waived, and the parties do not wish to make or append hereto any further enumeration or statement. Specifically, each party waives the need for copies of bank statements, insurance policies, retirement plan statements or any other documentation. Each party warrants that he or she is not aware of any marital asset that is not identified in this Agreement. The parties hereby acknowledge and agree that the division of assets as set forth in this Agreement is fair, reasonable and equitable, and is satisfactory to them. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators or assigns in any action of contention, direct or indirect, and allege therein that there was a denial of any rights to full. disclosure, or that there was any fraud, duress, undue influence or that there was a failure to have available full, proper and independent representation by legal counsel. 4. MUTUAL CONSENT DIVORCE. It is the intention of the parties, and the parties agree, that by this Agreement they have resolved all ancillary economic issues related to the dissolution of their marriage and thus any divorce action with respect to these parties shall be limited to a claim for divorce only. Wife acknowledges that she has filed a Divorce Complaint in the Court of Common Pleas Cumberland County, Pennsylvania, Docket No. 04-5578. The parties agree that, at the time of the execution of this Agreement, they will each execute an Affidavit of Consent and Waiver of Notice of Intention to Request Entry of Divorce Decree in order that counsel for Wife may finalize the divorce action promptly. Upon completion of the divorce action, counsel for Wife shall supply counsel for Husband with a copy of the Decree. 3 5. EQUITABLE DISTRIBUTION. A. Real Estate. The parties sold their marital residence located at 304 Thorley Road, New Cumberland, York County, Pennsylvania 17070. There is currently being held in escrow with James G. Keenan, Esquire, Hoffmeyer & Semmelman, LLP, 30 North George Street, York, Pennsylvania 17401, former counsel for Husband, approximately $187,000.00. The parties agree that in addition to the provisions set forth herein, in order to effectuate equitable distribution, Wife shall receive the sum of $117,500.00 and Husband shall receive the sum of $69,500.00 of the total $187,000.00 currently being held. After the escrow account is closed, any proceeds over and above $187,000.00 shall be divided 55% to Wife and 45% to Husband. After the total amount distributed is identified, each party shall pay the tax liability on the interest generated from the said escrow account in the tax year 2006 in the same proportion that they receive in the distribution of the proceeds. For example, should no amount be distributed above $187,000.00, Wife would report 62.8% of the interest generated in 2006 on her Income Tax Return and Husband would report 37.2% of the interest generated on his Income Tax Return for the tax year 2006. Since it is anticipated there will be additional distribution over and above the $187,000.00, the final determination of each party's responsibility cannot be completed until the final distribution of all of the funds. B. Furnishings and Personalty. The parties agree that they have divided by agreement between themselves all furnishings and personalty located in the Marital Residence, including all furniture, furnishings, antiques, jewelry, rugs, carpets, household appliances and equipment. Accordingly, Husband shall retain sole and exclusive ownership of all furnishings and personalty currently in his possession, free and clear of any right, title, claim and/or interest of Wife and Wife shall retain all items of furnishings and personal property currently in her possession as her sole and separate property free and clear of any right, title, claim and/or interest of Husband. 4 C. Motor Vehicles. (1) Husband shall retain has his sole and separate property the 1992 Chevy C1500, 1988 Kawasaki KL650-A2 KLR, 1987 Kawasaki KL250-D4 KM 1992 Kawasaki ZG1000-A7, 2000 Parolis 500 cc (2) or the proceeds from the sale thereof. (2) Wife shall retain as her sole and separate property the 1999 Saturn SL and the 1996 Chevy Blazer or the proceeds from the sale thereof. (3) The parties agree that they will cooperate in effectuating the transfer of titles and insurance to accomplish the purposes of this subparagraph. D. Life Insurance. Each parry shall retain any life insurance policies in their individual names, provided, however, that Husband shall name Wife as beneficiary on an insurance policy owned by him in an amount that will cover any existing balance of his alimony obligation in the event of Husband's death. This amount totals $30,000.00 at the beginning of the alimony payments as set forth herein. Husband shall supply Wife with written documentation of the beneficiary designation provided herein within thirty (30) days of the date of the execution of this Agreement. E. Pension and Retirement Benefits. (1) Wife shall retain as her sole and separate property her Pennsylvania School Employees' Retirement Pension and her PHFA retirement plan. (2) Husband shall retain as his sole and separate property his Gateway Retirement Plan. (3) The parties agree that they shall divide equally pursuant to a Qualified Domestic Relations Order the Maritrans Retirement Plan currently in Husband's name. The parties shall have Harry M. Leister, Jr., F.S.A., of Conrad Siegel Actuaries, prepare the Qualified Domestic Relations Order and shall share equally the cost of preparation. F. Bank Accounts. With the exception of the escrow account set forth in paragraph 5(a) hereof, each party shall retain the said bank accounts as set forth below: 5 (1) Husband shall retain the Pennsylvania Central Federal Credit Union Checking and Savings Accounts and the New Cumberland Federal Credit Union Savings Account and Joint Checking Account. (2) Wife shall retain the Susquehanna Valley Federal Credit Union Checking and Savings Accounts and the New Cumberland Federal Credit Union Account. (3) The parties have previously divided to their mutual satisfaction the New Cumberland Federal Credit Union Joint Money Market Account. G. Miscellaneous Proyerty. 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. H. Property to Wife. The parties agree that Wife shall own, possess, and enjoy, free from any claim of husband, the property awarded to her by the terms of this Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife. 1. Proyerty to Husband. The parties agree that Husband shall own, possess, and enjoy, free from any claim of Wife, the property awarded to him by the terms of this Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband. J. Marital Debt. There is no marital debt of the parties; however, each party retains any debt in their individual names that existed at the time of the parties' separation or 6 thereafter. All marital debts have been addressed in the equitable distribution of marital property. K. Liability not Listed Each parry represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than those described in this Agreement, on which the other party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and such party agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all debts, obligations and liabilities. L. Indemnification of Wife. If any claim, action or proceeding is hereafter initiated seeking to hold Wife liable for the debts or obligations assumed by Husband under this Agreement, Husband will, at his sole expense, defend Wife against any such claim, action or proceeding, whether or not well-founded, and indemnify her and her property against any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorney's fees incurred by Wife in connection therewith. M. Indemnification of Husband If any claim, action or proceeding is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife under this Agreement, Wife will, at her sole expense, defend Husband against any such claim, action or proceeding, whether or not well-founded, and indemnify him and his property against any damages or loss resulting therefrom, including, but not limited to costs of court and actual attorney's fees incurred by Husband in connection therewith. N. Warranty as to Future Obligations. Husband and Wife each represents and warrants to the other that he or she will not at any time in the future incur or contract any debt, charge or liability for which the other, the other's legal representatives, property or estate may be responsible. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. Each party hereby agrees to indemnify, save and hold the other and his or her property harmless from any liability, 7 loss, cost or expense whatsoever, including actual attorneys fees, incurred in the event of breach hereof. 6. INCOME TAX. The parties have heretofore filed joint federal and state tax returns. Both parties agree that, in the event any deficiency in federal, state or local income tax is proposed or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 7. ALIMONY, ALIMONY PENDENTE LITE, SPOUSAL SUPPORT. Except as provided herein, Husband and Wife hereby expressly waive, discharge and release any and all rights and claims which he or she may have now or hereafter by reason of the parties' marriage to alimony, alimony pendente lite, spousal support and/or maintenance or other like benefits resulting from the parties' status as husband and wife. Except as provided herein, 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 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. There is currently in existence in the Court of Common Pleas, Cumberland County, Pennsylvania, Domestic Relations Division, Docket No. 04-5578, PACSES Case No. 482107213, an Order for alimony pendente late in the amount of $804.00 per month. The said Order shall continue in effect until the entry of a Decree in Divorce at which time the payment shall convert to alimony as specifically set forth herein. Any arrearage due and owing on the said alimony pendente lite order shall be paid in full by Husband at the time of the termination of said Order. Any credit due and owing on the APL shall be paid by Domestic Relations to Husband at the time of termination of the Order. Thereafter, Husband shall pay to Wife in the form of alimony the sum of $500.00 per month for a period of five years (60 months) beginning on the first of the month following the 8 issuance of the Decree in Divorce. At the end of the month in which the Decree in Divorce is issued, the above-referenced alimony pendenete lite order shall terminate and shall be replaced by the alimony provisions set forth above. For example, in the event the Decree in Divorce is issued in the month of December 2006, the alimony payments shall begin on January 1, 2007. The said payment shall be non-modifiable as to duration or amount and shall terminate upon the first to occur of the following: (1) (2) (3) (4) The expiration of the alimony term; Death of Husband; Death of Wife; or Wife's remarriage or cohabitation. All such payments by Husband to Wife shall be deemed alimony, as defined in Section 71 (b) (1) (A) of the Internal Revenue Code as amended, and as said Section is amplified by the provisions of the Tax Reform Act of 1984 and Tax Reform Act of 1986, and any future laws or regulations related thereto. Payments from Husband, when received by Wife, shall be deductible in the year of payment by Husband pursuant to Section 215 of the Internal Revenue Code, as amended, or any similar future laws or regulations thereto, and shall be includable in the year of receipt in the gross income of Wife pursuant to Section 71 (b) (1) (A) of the Internal Revenue Code, as amended or any similar future laws or regulations thereto. 8. WAIVER OF INHERITANCE RIGHTS. Unless otherwise specifically provided in this Agreement, as of the execution date of this Agreement, Husband and Wife each waive all rights of inheritance in the estate of the other, any right to elect to take against the will or any trust of the other or in which the other has an interest, and each of the parties waives any additional rights which said party has or may have by reason of their marriage, except the rights saved or created by the terms of this Agreement. This waiver shall be construed generally and shall include, but not be limited to, a waiver of all rights provided under the laws of Pennsylvania, or any other jurisdiction. 9. WAIVER OF BENEFICIARY DESIGNATION. Unless otherwise specifically set forth in this Agreement, each party hereto specifically waives any and all beneficiary rights 9 and any and all rights as a surviving spouse in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other parry under the terms of this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final pay checks or any other post-death distribution scheme, and each party expressly states that it is his and her intention to revoke by the terms of this Agreement any beneficiary designations naming the other which are in effect as of the date of execution of this Agreement. If and in the event the other parry continues to be named as beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased parry. 10. RELEASE OF CLAIMS. A. Wife and Husband acknowledge and agree that the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to §3502 of the Divorce Code, and Wife and Husband hereby waive any right to division of their property except as provided for in this Agreement. Furthermore, except as otherwise provided for in this Agreement, each of the parties hereby specifically waives, releases, renounces and forever abandons any claim, right, title or interest whatsoever he or she may have in property transferred to the other party pursuant to this Agreement or identified in this Agreement as belonging to the other party, and each party agrees never to assert any claim to said property or proceeds in the future. The parties have divided between them to their mutual satisfaction, personal effects, household goods and finnishings and all other articles of personal property which have heretofore been used in common by them, and neither party will make any claim to any such items which are now in the possession or under the control of the other. Should it become necessary, each party agrees to sign any title or documents necessary to give effect to this paragraph, upon request. However, neither party is released or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. Husband and Wife shall hereafter own and enjoy independently of any claim or right of the other, all items of personal property, tangible or intangible, acquired by him or her from the execution 10 date of this Agreement with full power in him or her to dispose of the same fully and effectively for all purposes. B. Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either party may have or at any time hereafter has for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses, and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights and obligations arising under this Agreement or for the breach of any of its provisions. Neither party shall have any obligation to the other not expressly set forth herein. C. Except as set forth in this Agreement, each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, curtesy, widow's or widower's rights, family exemption or similar allowance, or under the intestate laws or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country. D. Except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever in law or in equity, which either party ever had or now has against the other. 11 11. PRESERVATION OF RECORDS. Each parry will keep and preserve for a period of four (4) years from the date of their divorce decree all financial records relating to the marital estate, and each party will allow the other party access to those records in the event of tax audits. 12. MODIFICATION. No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 13. SEVERABILITY. If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 14. BREACH. If either party hereto breaches any provision hereof, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her. The non-breaching party shall be entitled to recover from the breaching party all costs, expenses and legal fees actually incurred in the enforcement of the rights of the non-breaching party. 15. WAIVER OF BREACH. The waiver by one party of any breach of this Agreement by the other party will not be deemed a waiver of any other breach or any provision of this Agreement. 16. NOTICE. Any notice to be given under this Agreement by either party to the other shall be in writing and may be effected by registered or certified mail, return receipt requested. Notice to Husband will be sufficient if made or addressed to the following: Richard D. Wylie 476 Spruce Road New Cumberland, PA 17070 and to Wife, if made or addressed to the following: Brenda A. Wylie 712 Quaker Circle Apartment 6 Lewisberry, PA 17339 12 Notice shall be deemed to have occurred upon the date received by the recipient. Each party may change the address for notice to him or her by giving notice of that change in accordance with the provisions of this paragraph. 17. APPLICABLE LAW. All acts contemplated by this Agreement shall be construed and enforced under the substantive laws of the Commonwealth of Pennsylvania (without regard to the conflict of law rules applicable in Pennsylvania) in effect as of the date of execution of this Agreement. 18. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they do so on the same date, or if not on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. 19. EFFECTIVE DATE. This Agreement shall become effective and binding upon both parties on the execution date. 20. EFFECT OF RECONCILIATION. COHABITATION OR DIVORCE. This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect a reconciliation, cohabit as husband and wife or attempt to effect a reconciliation. This Agreement also shall continue in full force and effect in the event of the parties' divorce. There shall be no modification or waiver of any of the terms hereof unless the parties in writing execute a statement declaring this Agreement or any term of this Agreement to be null and void. 21. HEADINGS NOT PART OF AGREEMENT. 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. 22. AGREEMENT BINDING ON PARTIES AND HEIRS. This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties. 23. ENTIRE AGREEMENT. Each party acknowledges that he or she has carefully read this Agreement; that he or she has discussed its provisions with an attorney of his or her 13 own choice, and has executed it voluntarily and in reliance upon his or her own attorney; and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover and supersedes any and all prior agreements between the parties. This Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties. 24. MUTUAL COOPERATION. Each party shall, on demand, execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiary designations, tax returns, and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on demand to comply with these provisions, that party shall pay to the other party all attorney's fees, costs, and other expenses actually incurred as a result of such failure. 25. AGREEMENT NOT TO BE MERGED. This Agreement may be incorporated into a decree of divorce for purposes of enforcement only, but otherwise shall not be merged into said decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or released. IN WITNESS WHEREOF, the parties hereto set their hands and seals on the dates of their acknowledgments. John J. Connelly, Jr., Esquire Attorney f Wife Brenda A. Wylie Barbara Sumple-Sullivan, Esquire Richard D. Wylie Attorney for Husband 14 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. BRENDA A. WYLIE, . n"W"' Plaintiff VERSUS RICHARD D. WYLIE, Defendant No. 04 - 5578 DECREE IN DIVORCE '2001 IT IS ORDERED AND AND NOW, I DECREED THAT AND RICHARD D. WYLIE ARE DIVORCED FROM THE BONDS OF MATRIMONY. , PLAINTIFF, , DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECCkRq) IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT Ov? YET BEEN ENTERED; All matters have been resolved pursuant to the Marital Settlement Agreement reached by the parties dated December 8, 2006 and incorporated, but not merged, into the Decree. BY TIC COURT: ATTEST: J PROTHONOTARY BRENDA A. WYLIE w g c In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION BRENDA A. WYLIE ) Docket Number 04-5578 CIVIL Plaintiff ) VS. ) PACSES Case Number 482107213 RICHARD D. WYLIE ) Defendant ) Other State ID Number CONSENT ORDER AND NOW, to wit, on this 21ST DAY OF DECEMBER, 2006 IT IS HEREBY ORDERED that the support order in this case be Q Vacated or Q Suspended or ® Terminated without prejudice or Q Terminated and Vacated, effective JANUARY 1, 2007 , due to: THE PARTIES' MARITAL SETTLEMENT AGREEMENT DECEMBER 8, 2006. THERE IS NO BALANCE DUE THE PLAINTIFF. BY CO ,.1 G JUDGE /.Z/a2i/DG Date Form OE-503 Service Type M Worker ID 21005 tC4r-- ?y _ : JYi ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania CO./City/Dist. of CUMBERLAND Date of Order/Notice 01/02/07 Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number 4-'902 / D-U13 F ! 4lr O Original Order/Notice O Amended Order/Notice Q Terminate Order/Notice RE: WYLIE, RICHARD D. Employee/Obligor's Name (Last, First, MI) 167-40-0002 Employee/Obligor's Social Security Number VANE LINE BUNKERING INC 2845101405 2100 FRANKFURST AVE Employee/Obligor's Case Identifier BALTIMORE MD 21226-1026 (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 500.00 per month in current support $ 0. oo per month in past-due support Arrears 12 weeks or greater? Dyes ® no $ 0. 00 per month in current and past-due medical support $ 0.00 per month for genetic test costs $ per month in other (specify) for a total of $ 500.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 115.38 per weekly pay period. $ 230.77 per biweekly pay period (every two weeks). $ 250.00 per semimonthly pay period (twice a month). $ Soo. o0 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten 00) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ Obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If required by Pennsylvania law (23 PA C.S. § 4374(b)) to remit by electronic payment method, please call Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown " above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH' BY MAIL. BY THE C RT: Date of Order: JAN 0 3 2001 ch Service Type M OMB No.: 0970-0154 Form EN-028 Rev. 1 Worker ID $IATT ? T-31 A% ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? If hecke? you are required to provide a copy of this form to your m loyee. If your employee works in a state tha is diferent from the state that issued this order, a copy must be provic?edpto your employee even if the box is not checed. 1. Priority: Withholding under this Order/Notice has priority over any other legal process.under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employeelobligor. .,. You must report the paydate/date of withholding when sending the payment. The 3.* paydate/date of withholding is the date on whisch amountwas withlield from tie employee's . You must comply with the law of the state of the employee'slobligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 5215726740 EMPLOYEE'S/OBLIGOR'S NAME: WYLIE RICHARD D. EMPLOYEE'S CASE IDENTIFIER: 2845101405 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have ;,withheld from the employeelobligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. AnYMliscrimination: You are subject to a fine determined under State law for discharging an employeelobligor from employment, refusing to employ, or taking disciplinary action against any employeelobligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.C. §1673 01; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. For tribal orders, you may not withhold more s than the amounts allowed under the law of the issuing tribe. For tribal employers who receive a state order, you may not withhold more than the amounts allowed under the law of the state that issued the order. 10. Additional Info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11.Submitted By: If you or your employee/obligor have any questions, DOMESTIC RELATIONS SECTION_ contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST by telephone at (717) 240-6225 or P.O. SOX 320 by FAX at (717) 240-6248 or CARLISLE PA 17013 by internet www.childsuppon.state.pa.us Service Type M Page 2 of 2 Form EN-028 Rev. 1 Worker I D $ IATT OMB No.: 0970-0154 ADDENDUM Summary of Cases on Attachment DefendanVObligor: WYLIE, RICHARD D. PACSES Case Number 482107213 PACSES Case Number - Plaintiff Name Plaintiff Name BRENDA A. WYLIE Docket Attachment Amount Docket Attachment Amount 04-5578 CIVIL$ 500.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB ® If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB .................... ?Ifchecked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. Service Type M ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Form EN-028 Rev. 1 Worker ID $IATT Addendum OMB No.: 0970-0154 C- p cn C3 "< 42 , IL, 7 -13 ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT 55 7F v State Commonwealth of Pennsyl ania 0 Original Order/Notice Co./City/Dist. of CUMBERLAND O Amended Order/Notice Date of Order/Notice 01/08/07 XO Terminate Order/Notice Case Number (See Addendum for case summary) RE:WYLIE, RICHARD D. Employer/withholder's Federal EIN Number Employee/Obligor's Name (Last, First, MI) VANE LINE BUNKERING INC 2100 FRANKFURST AVE BALTIMORE MD 21226-1026 167-40-0002 Employee/Obligor's Social Security Number 2845101405 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 0.00 per month in current support $ o. oo per month in past-due support Arrears 12 weeks or greater? Dyes ® no $ 0.00 per month in current and past-due medical support $ 0.00 per month for genetic test costs $ per month in other (specify) for a total of $ 0.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ o . o o per weekly pay period. $ 0.0o per biweekly pay period (every two weeks). $ o . oo per semimonthly pay period (twice a month). $ 0. oo per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten 00) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If required by Pennsylvania law (23 PA C.S. § 4374(b)) to remit by electronic payment method, please call Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE RT: Date of Order: I . 9 . d7 1 G Form EN-028 Rev. 1 Service Type M OMB No.: 0970-0154 Worker 10 $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? If ?hecke you are required to provide aopy of this form to your3gloyee. If your employee works in a state that is di erent from the state that issued this o er, a copy must be provi eecctt to your employee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* . paydate/date of withholding On, the date on w dch amount wan. with eld fi-oin the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee%bligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employeelobligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 5215726740 EMPLOYEE'S/OBLIGOR'S NAME: WYLIE, RICHARD D. EMPLOYEE'S CASE IDENTIFIER: 2845101405 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. AntWiscrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.C. §1673 (b)1; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. For tribal orders, you may not withhold more than the amounts allowed under the law of the issuing tribe. For tribal employers who receive a state order, you may not withhold more than the amounts allowed under the law of the state that issued the order. 10. Additional Info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11 Submitted By: If you or your employee/obligor have any questions, .DOMESTIC RELATIONS SECTION contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST by telephone at (717) 240-6225 or P.O. BOX 320 by FAX at (717) 240-6248 or CARLISLE PA 17013 by internet www.childsupport.state.pa.us Service Type M Page 2 of 2 Form EN-028 Rev. 1 Worker ID $IATT OMB No.: 0970-0154 L ADDENDUM Summary of Cases on Attachment Defendant/Obligor: WYLIE, RICHARD D. PACSES Case Number 482107213 Plaintiff Name BRENDA A. WYLIE Docket Attachment Amount 04-5578 CIVIL$ 0.00 Child(ren)'s Name(s): DOB ® If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. -Service Type M PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? if checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. Addendum OMB No.: 0970-0154 Form EN-028 Rev. 1 Worker I D $ IATT - t ? ?, r ...r .,,? -c.? ?:: ? n? r- 4?. ? r_ ? 't5? y: ? z}? - ??> ' . ? _r -n "? ::? C"3 . •t •! Brenda A. Wylie Plaintiff VS. SEP 112007k IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DIVORCE Richard D. Wylie Defendant NO.. 04-5578 QUALIFIED DOMESTIC RELATIONS ORDER 1. This Order relates to the provision of.marital property rights to the Alternate Payee.. 2. This Order creates and recognizes the existence of an Alternate Payee's light to receive a portion of the Participant's benefits payable under an employer sponsored defined benefit plan which is intended to be qualified under Internal Revenue Code of 1986 ("Code") §401(a). The court intends this order- to be a Qualified Domestic Relations Order ("QDRO") within the meaning of Code §414(p).. The Court enters this QDRO pursuant to its authority under the 23 Pa.C.S..A. §3502. 3. This QDRO applies to the Retirement Plan of Maritrans, Inc.. ("Plan"). Further, this Order shall apply to any successor plan to the Plan or any other- plan(s) to which liability fox, provision of the Participant's benefits described below is inemTed. Any benefits accrued by the Participant under- a predecessor plan of the employer- or any other defined benefit plan sponsored by the Participant's employer, whereby liability fbr benefits accrued under- such predecessor plan or other defined benefit plan has been transferred to the Plan, shall also be subject to the terms of this order.. Any changes in Plan Administrator, Plan sponsor, or name of the Plan shall not affect Alternate Payee's rights as stipulated under this Order. 4. Richard D. Wylie ("Participant") is a participant in the Plarx. Brenda A. Wylie ("Alternate Payee"), the fbrmer spouse, is the alternate payee fbr purposes of this QDRO.. 5.. The Participant's name, mailing address, social security number and date of birth are: Richard D. Wylie 476 Spruce Road New Cumberland, PA 17070 Social Security #: 167-40-0002 Date of Birth June 26, 1953 6. The Alternate Payee's name, mailing address, social security number- and date of birth are: Brenda A. Wylie 712 Quaker Circle, Apt. 6 Lewisberzy, PA 17339 Social Security #: 162-46-7227 Date of Birth: May 10, 1956 I. 0! QDRO Page 2 The Alternate Payee shall have the duty to notify the Plan Administrator in writing of any changes in this mailing address subsequent to the entry of this Order. 7. This Order assigns to Alternatd Payee an amount equal to the actuarial equivalent of 500 of the Participant's accrued benefit under the Plan. In addition to the above, the Alternate Payee shallreceive a pro rata share of any postr•etirement cost-of-living adjustments or other economic improvements made to the Participant's benefits on or after, the date of his retirement . Such pro rata share shall be calculated in the same manner as the Alternate Payee's share of the Participant's retirement benefits is calculated pursuant to this Section 7. Notwithstanding the language set forth in this Section 7, in the event that. the Alternate Payee becomes entitled to a qualified prer•etirement survivor annuity under Section 9 of this Order, then the Alternate Payee's right to a share of the Participant's benefits as called for under this Section 7 shall be terminated as of the date of the Participant's death, and such preretirement death benefit shall be payable to the Alternate Payee in lieu of any other benefits to which she may be entitled under- the terms of this Order. 8. The Alternate Payee may elect to commence her, benefits under the Plan at any time on or after the date the Participant attains the earliest retirement age as defined by Code $414(p)(4)(B).. Further, in the event the Participant becomes eligible to commence benefits at an earlier date as the result of a disability retirement, the Alternate Payee shall also be entitled to commence her share of the benefits at such earlier date. Notwithstanding the above, the Alternate Payee shall commence her share of the benefits no later than the Participant's actual date of benefit commencement. The Plan Administrator is instructed to provide any required notice and election forms in a timely manner to the Alternate Payee before such date of benefit commencement. The Alternate Payee shall be entitled to receive her, benefits in any form available under the terms and provisions of•the Plan, other than a qualified joint and survivor annuity with her, current spouse as the survivor annuitant The Alternate Payee shall execute any forms required by the Plan Administrator,.. The form of•benefits paid to the Alternate Payee shall be based on the life expectancy of the Alternate Payee- Any actuarial adjustment (reduction or increase) to base the Alternate Payee's benefits on her lifetime shall be borne by the Alternate Payee. Further,, should any early commencement reduction be necessary in the event that the Alternate Payee commences her benefits prior- to Participant's Normal Retirement Date, then such reduction shall be applied to Alternate Payee's benefits- The Alternate Payee shall be entitled to a pro rata share of any early retirement subsidy (including any temporary or supplemental benefits) provided under, the Plan to the Participant on the date of his retirement, and in the event the Alternate Payee has already commenced her share of the benefits on the date of'the Participant's retirement, then the amounts payable to the Alternate Payee shall be recalculated in accordance with the Plan Administrator's practices and the Plan's actuarial principles in order to provide the Alternate Payee with the pro rata share of such early retirement subsidy. Such pro rata share shall be calculated in the same QDRO Page 3 manner as the Alternate Payee's share of the Participant's retirement benefits is calculated pursuant to Section 7 of this Order. 9. In the event the Participant predeceases the Alternate Payee, and neither the Participant nor the Alternate Payee has commenced their benefits under the Plan, the Alternate Payee shall be designated as the surviving spouse of the Participant for the purposes of establishing the Alternate Payee's entitlement to receipt of the pr•er•etirement survivor annuity. For purposes of determining the eligibility for such surviving spouse benefit, the Alternate Payee and the Participant have satisfied the one (1) year marriage requirement as enumerated in Code §§401(a)(11) and 417(d) and as may be required under the provisions of the Plan. This designation applies to the Participant's accrued benefit under the Plan. 10 If Alternate Payee predeceases Participant before her benefit commencement date, her assigned share of the benefits shall revert to the Participant Should the Alternate Payee predecease the Participant after her benefit commencement date, then such remaining benefits, if' any, will be paid in accordance with the form of'benefit elected by such Alternate Payee. 11. On and after the date that this order is deemed to be a QDRO, but before the Alternate Payee receives her distribution under the Plan, the Alternate Payee shall be entitled to all of the rights and election privileges that axe afforded to active participants except a.joint and survivor annuity to a subsequent spouse. 12. All payments made pursuant to this order- shall be conditioned on the certification by the Alternate Payee and the Participant to the Plan Administrator of such information as the Plan Administrator may reasonably require from such parties, including the information the Plan Administrator requires to make the necessary calculation of' the benefit amounts contained herein . 13.. It is the intention of the parties that this Order continue to qualify as a QDRO under Code §414(p), as it may be amended from. time to time, and that the Plan Administrator- shall reserve the right to reconfirm the qualified status of the order, at the time benefits become payable hereunder.. 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 amount so received directly to the Alternate Payee within ten (10) days of'receipt. In the event that 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. The Participant shall not take any actions, affirmative or otherwise, that can circumvent the terms and provisions of this QDRO, or that could diminish or extinguish the rights and entitlements of the Alternate Payee as set forth herein.. Should the Participant take any QDRO Page 4 action or inaction to the detriment of the Alternate Payee, he shall be required to make sufficient payments directly to the Alternate Payee to the extent necessary to neutralize the effeets of his actions or inactions and to the extent of the Alternate Payee's full entitlements hereunder . 16.. In the event that the Participant's benefits, or any portion thereof, become payable to the Participant as a result of termination or partial termination, then the Alternate Payee shall be entitled to commence her benefits immediately in accordance with the terms of this QDRO and in accordance with the termination procedures of the Plan and the Pension Benefit Guaranty Corporation ("MC). Further, should the Participant's benefits be reduced as a result of'such termination or, partial termination, then the amounts otherwise payable to the Alternate Payee under this QDR.O shall be reduced to the same extent and in the same ratio as the Participant's benefits are reduced. 17. After payment of* the amount required by this QDRO, the Alternate Payee shall have no further claim against the Participant's interest in the Plan.. 18.. The Alternate Payee assumes sole responsibility for the tax consequences of the distribution under this QDRO. 19. This QDRO does not require the Plan to provide any type or form of benefit the Plan does not otherwise provide„ 20. This QDRO does not require the Plan to provide increased benefits determined on the basis of actuazial value. 21. This QDRO 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- 22. . The Plan Administrator promptly shall notify the Participant and the Alternate Payee of the receipt of this QDRO and shall notify the Participant and the Alternate Payee of the Plan's procedures for determining the qualified status of this QDRO.. The Plan Administrator shall determine the qualified status of the QDRO and shall notify the Participant and the Alternate Payee of' the determination within a reasonable period of time after receipt of this QDRO. 23. In the event that the Plan Administrator determines that an overpayment has been made to the Participant and/or the Alternate Payee for any reason, and the parties cannot come to an agreement regarding their respective liability toward the Plan's reeoupment of'sueh overpayments, the Court shall retain jurisdiction regarding the allocation of such repayments to the Plan between the Participant and the Alternate Payee_ 1• .. . aI ODR.O Page 5 24. The Court shall retain jurisdiction with respect to this Order to the extent required to maintain its qualified status and the original intent o e par v as ipulated herein. ACCEPTED AND ORDERED this day of 144f Troory ?"06 CONSENT TO ORDER: qDU *1 Plaintiff/Alternate P yee Date Defend Brenda A. Wylie Richa 01 r., Esquire D. tttorney for• Participant 14 Nth 7002 Date 6-1q-V7 Date Barbara Sumple-Sullivan, Esquire D4tribution: wdojxi J. Connelly, Jr., Esquire, P.O. Box 650, Hershey, PA 17033 rbara Sumple-Sullivan, Esquire, 549 Bridge Street, Nev Cumberland, PA 17070 { 1 b - . iAIASNN3d 6 Z cE Nd I I d3S t40Z