Loading...
HomeMy WebLinkAbout02-0789HERBERT C. SWANSON, JR., Plaintiff CHARLENE J. SWANSON, Defendant : IN THlli COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2002- 7~ CIVIL TERM . : CIVIL ACTION - LAW : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Prothonotary's Office at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES, BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 HERBERT C. SWANSON, JR., Plaintiff Vo CHARLENE J. SWANSON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2002- ~oC~ CIVIL TERM : : : CIVIL ACTION o LAW : IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE The Plaintiff, Herbert C. Swanson, Jr., through his attorney, Thomas S. Diehl, makes the following Complaint in Divorce, and, in support thereof, avers as follows: 1. The Plaintiff, Herbert C. Swanson, Jr., is an adult individual who currently resides at 20 Brian Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant, Charlene J. Swanson, is an adult individual who is currently incarcerated in the Cumberland County Prison, located at 1101 Claremont Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. The Defendant and the Plaintiff have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on July 26, 1991 in Gulfport, Harrison County, Mississippi. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The Defendant is not a member of the Armed Forces of the United States of America or its Allies. 7. The Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, Plaintiff does not desire that the Court require the parties to participate in counseling. 8. Plaintiff and Defendant are citizens of the United States of America. 9. The parties' marriage is irretrievably broken. WHEREFORE, the Plaintiff, Herbert C. Swanson, Jr., respectfully requests your Honorable Court to enter a decree in divorce pursuant to 23 P.S. § 3301(c) or 3301(d) of the Divorce Code. Date: Febmary 11, 2002 Thomas S. Diehl Attomey for the Plaimiff One West High Street, Suite 208 Post Office Box 1290 Carlisle, Pennsylvania 17013 (717) 240-0833 (717) 240-0893 - FAX VERIFICATION I verify that the statements made in this Complaint are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. LAW OFFICES OF IV~ISLITSKY AND DIEHL ONE WEST HIGH STREET, SUITE 208 CARLISLE, PENNSYLVANIA 170! 3 HERBERT C. SWANSON, JR., Plaintiff CHARLENE J. SWANSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2002-789 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE I, Kimberly L. Hough, an adult individual, hereby certify that a Complaint in Divorce was served upon the above-captioned Defendant, Charlene J. Swanson, by hand delivering a copy of the same to the front desk officer at the Cumberland County Prison, 1101 Claremont Drive, Carlisle, Pennsylvania on February 14, 2002 at approximately 10:30 a.m. in accordance with Pa.R.C.P. 1930.4(2)(ii). DATE:February 14, 2002 One West High Street, Suite 208 Post Office Box 1290 Carlisle, Pennsylvania 17013 (717) 240-0833 HERBERT C. SWANSON, Plaintiff CHARLENE J. SWANSON Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : :CIVIL ACTION - LAW :IN DIVORCE : :NO. 02.789 CIVIL TERM : PRAECIPE TO ENTER APPEARANCE To the Prothonotary: Please enter the appearance of the Family Law Clinic on behalf of Charlene J. Swanson, the Defendant, in the above captioned matter. Date: ~tified Legal Intern Thoma~d.~lace Robert E. Rains Lucy Johnston-Walsh SUPERVISING ATTORNEYS FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 HERBERT C. SWANSON, Plaintiff CHARLENE J. SWANSON Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION. LAW :IN DIVORCE :NO. 02-789 CIVIL TERM CERTIFICATE OF SERVICE I, Bryon R. Kaster, Family Law Clinic, hereby certify that I am serving a true and correct copy of the Praecipe to Enter Appearance on Thomas S. Diehl, Esquire, at One West High Street, Suite 208, Post Office Box 1290, Carlisle, Pennsylvania, 17013, by depositing a copy of the same in the United States marl, first class, postage prepaid, this Z.q *~ day of May, 2002. Date: 5"/~/,, ~ Bi'y~R. Kaster C~tified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 HERBERT C. SWANSON, Plaintiff Ve CHARLENE J. SWANSON Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW :IN DIVORCE : :NO. 02-789 CIVIL TERM CERTIFICATE OF SERVICE I, Michael Parker, Family Law Clinic, hereby certify that I am serving a tree and correct copy of the Petition for Alimony Pendente Lite on Thomas S. Diehl, Esquire, at One West High Street, Suite 208, Post Office Box 1290, Carlisle, Pennsylvania, 17013, by depositing a copy of the same in the United States mail, first class, postage prepaid, this /A~/ day of March, 2003. Michael Parker Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 HERBERT C. SWANSON, Plaintiff CHARLENE J. SWANSON Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW :IN DIVORCE :NO. 02-789 CIVIL TERM ORDER OF COURT And now, this day of attached petition for Alimony Pendente Lite, it is hereby directed that the parties and their respective counsel appear before on for a conference, after which conference officer may recommend that an order for Alimony Pendente Lite be entered. You are further ordered to bring to the conference: ,2003, upon consideration of the A copy of your most recent Federal Income Tax Return, including W-2's as filed. Your pay stubs for the preceding six (6) months. The Income and Expense Statement attached to this order, completed as required by Rule 1910.11 (c). Proof of medical coverage which you may have, or may have available to you. If you fail to appear for the conference or to bring the required documents, the court may issue a warrant for your arrest. By the Court, 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 WITH DISABILITIES ACT 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the American 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. You must attend the scheduled conference or hearing. HERBERT C. SWANSON, Plaintiff/Respondent Ye CHARLENE J. SWANSON Defendant/Petitioner :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW :IN DIVORCE : :NO. 02-789 CIVIL TERM AMENDED PETITION FOR ALIMONY PENDENTE LITE NOW COMES, Defendant/Petitioner, Charlene J. Swanson, hereinafter "wife," by and through her counsel, the Family Law Clinic, and files this Amended Petition for Alimony Pendente Lite, pursuant to Pa.R.C.P. Section 1920.15 (b) against Plaintiff/Respondent Herbert C. Swanson, hereinafter "husband," and in support thereof respectfully represents the following: 1. Wife's date of birth is July 24, 1952. 2. Wife's social security number is 587-80-1409. 3. Husband's date of birth is May 2, 1943. 4. Husband's social security number is 155-32-1786. 5. The parties were married on July 26, 1991 in Gulfport, Harrison County, Mississippi. The parties separated in February of 2002. 6. The marriage lasted approximately ten (10) years from the date of marriage until final separation, during which time Husband was the primary wage-earner and Wife was primarily the homemaker and primary caretaker for Husband's child from another marriage. 7. On February 13, 2002, Husband filed a Complaint for Divorce against Wife. 10. 11. 12. Wife lacks sufficient property to provide for her reasonable needs and is currently unable to sustain herself on an equal basis as Husband during the litigation. Wife is employed at N.B. Liebman's Furniture on the Carlisle Pike in Mechanicsburg. Wife works full-time, but makes only $7.50 per hour. Wife is unable to maintain the standard of living enjoyed during the marriage. Wife's opportunities for employment at a higher wage are limited due to her sporadic employment during the marriage caused by her primary role as homemaker and caretaker of Husband's child. Wife is in need of the award of alimony pendente lite to adequately maintain herself and remain on equal footing with Husband during the divorce proceeding. Husband is employed and financially able to provide for the reasonable needs of the Wife. Husband's gross pay per bi-weekly pay period is $3230.72. WHEREFORE, Defendant requests that his Honorable Court enter an award for her of reasonable alimony pendente lite. Respectfully submitted, Michael Parker Certified Legal Intern Robert E. Rains Lucy Johnston-Walsh SUPERVISING ATTORNEYS FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 VERIFICATION I hereby verify that the statements made in the foregoing Petition for Alimony Pendente Lite are true and correct, to the best of my knowledge, information and belief. I understand making a false statement would subject me to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsification authorities. Date: Charlene Swanson HERBERT C. SWANSON, Plaintiff CHARLENE J. SWANSON Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : :CIVIL ACTION - LAW :IN DIVORCE : :NO. 02-789 CIVIL TERM CERTIFICATE OF SERVICE I, Michael Parker, Family Law Clinic, hereby certify that I am serving a true and correct copy of the Petition for Alimony Pendente Lite on Thomas S. Diehl, Esquire, at One West High Street, Suite 208, Post Office Box 1290, Carlisle, Pennsylvania, 17013, by depositing a copy of the same in the United States mail, first class, postage prepaid, this ~ day of April, 2003. Michael Parker Certified Legal Intem FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 I,.,TM HERBERT C. SWANSON, Plaintiff/Respondent CHARLENE J. SWANSON Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION'- LAW IN DIVORCE NO. 02-789 CI¥'IL TERM PETITION FOR ALIMONY AND EQUITABLE DISTRIBUTION NOW COMES, Charlene J. Swanson, Defendant/Petitioner hereinafter "Wife," in the above captioned matter by and through her counsel, the Family Law Clinic, and files this Petition for Alimony and Equitable Distribution, pursuant to Pa.R.C.P. Section 1920.15 (b), and in support thereof respectfully represents the following: ALIMONY 1. The parties were married on July 26, 1991 in Gulfport, Harrison County, Mississippi. 2. The marriage lasted ten (10) years from the date of marriage until final separation during which time Plaintiff, Herbert Swanson, hereinafter, "Husband," was the primary wage-earner and Wife was primarily the homemaker and primary caretaker for Husband's child, which was in accordance with the Husband's wishes. 3. Wife lacks sufficient property to provide for her reasonable needs. 4. Wife is fifty-one (51) years old. makes only $7.50 per hour. With this salary, Wife is unable to support herself adequately. 6. Until current employment, which began in December of 2002, Wife was unemployed and had no earned income since 2000. She previously worked in at Digital Inc., Dillsburg, PA, from 1998 till 2000, prior to this employment Wife's last employment was in 1991. 7. Wife does not have a college education or any other post-high school training. 8. Wife requires the award of alimony to adequately maintain herself in accordance with the standard of living established during the marriage. 9. Husband is employed and financially able to provide for the reasonable needs of the defendant. Husband's gross pay bi-weekly is $3230.72. WHEREFORE, Wife requests that his Honorable Court enter an award for her of reasonable alimony, and such other relief as the Court deems just. EQUITABLE DISTRIBUTION 10. The parties have acquired marital assets and debts subject to equitable distribution under the Divorce Code, including, but not limited to the following: a) Husband's 2001 tax refund; b) Husband's retirement savings; c) Savings acquired during the marriage; and d) Various items of personal property, including but not limited to computers, stereo equipment, and. televisions. WHEREFORE, Wife requests that this Honorable Court equitably distribute the marital property between the parties and grant other such relief as the Court deems appropriate. Respectfully submitted, Michael Parker Certified Legal Intern Thom~l~/M. Robert E. Rains Lucy Johnston-Walsh SUPERVISING ATTORNEYS FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 HERBERT C. SWANSON, Plaintiff Ve CHARLENE J. SWANSON Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW :IN DIVORCE : :NO. 02-789 CIVIL TERM VERIFICATION I verify that the statements made in this Petition for Alimony and Equitable Distribution are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to penalties of 18 iPa. C.S. Section 4904, relating to unswom falsification to authorities. Charlene J. Swanson,"--~ ~ Defendant/ Petitioner HERBERT C. SWANSON, Plaintiff, Respondent CHARLENE J. SWANSON Defendant, Petitioner :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW :IN DIVORCE : :NO. 02-789 CIVIL TERM CERTIFICATE OF SERVICE I, Michael Parker, Family Law Clinic, hereby certify that I am serving a tree and correct copy of the Petition for Alimony and Equitable Distribution on Thomas S. Diehl, Esquire, at One West High Street, Suite 208, Post Office Box 1290, Carlisle, Pennsylvania, 17013,~.j~ depositing a copy of the same in the United States mail, first class, postage prepaid, this ~- day of April, 2003. Date: Michael Parker Ce~Xified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 HERBERT C. SWANSON, Plaintiff/Respondent VS. CHARLENE J. SWANSON, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 2002-789 CIVIL TERM IN DIVORCE Pacses# 046105310 ORDER OF COURT AND NOW, this 1st day of May, 2003, 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. Shadda¥ on Ma}; 2 7~ 2003 at 10:30 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, 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© (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, George E. Hoffer, President Judge Mail copies on 5-1-03 to: Petitioner Respondent Lucy Johnston-Walsh, Esquire Thomas Diehl, Esquire Date of Order: May 1, 2003 ilaR. J~had~a~~-' ~ffic~er-~' ~ 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 HERBERT C. SWANSON, Plaintiff/Respondent CHARLENE J. SWANSON Defendant/Petitioner :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : :CIVIL ACTION - LAW :IN DIVORCE : :NO. 02-789 CIVIL TERM PETITION FOR ALIMONY PENDENTE LITE NOW COMES, Defendant/Petitioner, Charlene J. Swanson, hereinafter "wife," by and through her counsel, the Family Law Clinic, and files this Petition for Alimony Pendente Lite, pursuant to Pa.R.C.P. Section 1920.15 (b) against Plaintiff/Respondent Herbert C. Swanson, hereinafter "husband," and in support thereof respectfully represents the following: 1. Wife's date of birth is July 24, 1952. 2. Wife's social security number is 587-80-1409. 3. Husband's date of birth is May 2, 1943. 4. Husband's social security number is 155-32-1786. 5. The parties were married on July 26, 1991 in Gulfport, Harrison County, Mississippi. Thc parties separated in February of 2001. 6. Thc marriage lasted approximately ten (10) years from the date of marriage until final separation, during which time Husband was the primary wage-earner and Wife was primarily the homemaker and primary caretaker for Husband's child from another marriage. 10. 11. 12. On February 13, 2002, Husband filed a Complaint for Divorce against Wife. Wife lacks sufficient property to provide for her reasonable needs and is currently unable to sustain herself on an equal basis as Husband during the litigation. Wife is employed at N.B. Liebman's Furniture on the Carlisle Pike in Mechanicsburg. Wife works full-time, but makes only $7.50 per hour. Wife is unable to maintain the standard of living enjoyed during the marriage. Wife's opportunities for employment at a higher wage are limited due to her sporadic employment during the marriage caused by her primary role as homemaker and caretaker of Husband's child. Wife is in need of the award of alimony pendente lite to adequately maintain herself and remain on equal footing with Husband during the divorce proceeding. Husband is employed and financially able to provide for the reasonable needs of the Wife. Husband's gross pay per bi-weekly pay period is $3230.72. WHEREFORE, Defendant requests that his Honorable Court enter an award for her of reasonable alimony pendente lite. Oat : Respectfully submitted, Michael Parker Certified Legal Intern Robert E. Rains Lucy Johnston-Walsh SUPERVISING ATTORNEYS FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 VERIFICATION I hereby verify that the statements made in the foregoing __ are tree and correct, to the best of my knowledge, information and belief. I understand making a false statement would subject me to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification authorities. Charlene S~anson t HERBERT C. SWANSON, JR., Plaintiff/Respondent VS. CHARLENE J. SWANSON, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 2002-789 CIVIL TERM IN DIVORCE Pacses# 046105310 ORDER OF COURT AND NOW, this 27th day of May, 2003, based upon the Court's determination that Petitioner's monthly net income/earning capacity is $1,132.70 and Respondent's monthly net income/earning capacity is $4,881.17, it is hereby Ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit, $1,499.00 per month payable bi-weekly as follows; $691.85 for alimony pendente lite and $0.00 on arrears. First payment due next pay date. Arrears set at $2,998.00 as of May 27, 2003. The effective date of the order is April 22, 2003. Collection of the retroactive arrears will be held in abeyance. 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: Charlene J. Swanson. 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. Unreimbursed medical expenses that exceed $250.00 annually are to be paid 0% by the respondent and 100% by petitioner. The petitioner is responsible to pay the first $250.00 annually in unreimbursed medical expenses. Respondent to provide medical insurance coverage. Within thirty (30) days after the entry of this order, the Respondent shall submit written proof that medical insurance coverage has been obtained or that application for coverage has been made. Proof of coverage shall consist, at a minimum, off 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 Mailed copies on /o-A-~3 to: < Petitioner Respondent Lucy Johnston Walsh, Esquire Thomas Diehl, Esquire BY THE COURT, J. ~1~sley Oler, Jr(,fl Jo ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 05/27/03 Tribunal/Case Number (See Addendum for case summary) RE: SWANSON, EmployerANithholder's Federal EIN Number ~ETEK MOTORS HOLDING & CO 1051 SHEFFLER DR CHAMBERSBURG PA 17201-4842 HERBERT C. Original Order/Notice Amended Order/Notice OTerminate Order/Notice Employee/Obligor's Name (Last, First, MI) 155-32-1786 Employee/Obligor's Social Security Number 1421101084 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. $ 1,499. oo per month in current support $ o. oo per month in past-due support Arrears 12 weeks or greater? C) yes (~) no $ o. 00 per month in medical support $ o. oo per month for genetic test costs $ per month in other (specify) for a total of $ 1,499.00 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: $ 345.92 per weekly pay period. $ 691.85 per biweekly pay period (every two weeks). $ 749.50 per semimonthly pay period (twice a month). $ 1,499.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #10 on pg. 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PA YMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case~{Ide~ntif~r~eC~ S~ ~SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CAS. er MAIL. :~ BY3HE COURT: .,~ ..~ Date of Order: ~i¥ ~' 8 ~ EN-028 omb No.: o97o-o~ s4,,' Worker I D $ IATT Service Type M - ' ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS [] . ir to rovide a cody of this form to your emoloyee f your employee works in a state that is f becked you are requ' ed. p . __ · ' Io ee even if the box is not checked. di~erent from the state that ~ssued th s order, a copy must be provmded to your emp y t. We appreciate the voluntary compliance of Federally recognized Indian tribes, tribally-owned businesses, and Indian-owned businesses located on a reservation that choose to withhold in accordance with this notice. 2. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 3. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. ~,,~,~,,~,,~o,~ ,, ......... ,, ..... ~ ~s ,,,~ .................... ,~ ................ - ,," ...... ~ .... ~'"~ ~ wa§es. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 5.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #10 below) 6. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. WITHHOLDER'S ID: 5104091610 EMPLOYEE'S/OBLIGOR'SNAME: SWANSON, HERBERT C. JR EMPLOYEE'S CASE IDENTIFIER: 1421101084 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 7. 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. 8. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 10.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.C. §1673 (b)l; 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. 1 1. 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. 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 ~ or by i ntemet www.childsupport.state.pa.us Service Type M Page 2 of 2 OMB NO.: 0970q]154 Form EN-028 Worker ID $IATT Defendant/Obligor: ADDENDUM Summary of Cases on Attachment SWANSON, HERBERT C. JR PACSES Case Number 046105310 Plaintiff Name CHARLENE J. SWANSON Docket Attachment Amount 02-789 CIVIL $ 1,499.00 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 $ o.oo 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 $ o.oo 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 $ o.oo 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 $ o.oo Child(ren)'s Name(s): OOB [] 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 Addendum OMB NO.: 0970-0154 Form EN-028 Worker ID $IATT HERBERT C. SWANSON, JR., Plaintiff CHARLENE J. SWANSON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2002-789 CIVIL TERM : : CIVIL ACTION .- LAW : IN D1VORCE : PACSES NO. 046105310 NOTICE OF APPEAL AND NOW, comes the Plaintiff/Respondent, Herbert C. Swanson, who requests a hearing de novo from the APL Order enter on May 27, 2003 for the following reasons: (1) Wife has requested receipt of APL without pursuing properly litigation; rather has frustrated the case from proceeding in an attempt to prolong benefits; and (2) Wife's award of APL would unjustly enrich her given the nominal net value of the parties' marital estate. Date: May 28, 2003 Respectfully submitted, Thomas%~. Dieh], Esquire Attorney for Plaintiff/Respondent One West I:[igh Street, Suite 208 Post Office Box 1290 Carlisle, Pe~msylvania 17013 (717) 240-0833 CERTIFICATE OF SERVICE I hereby certify this day of Mey 2003, that a true and correct copy of the foregoing docmnent was served on the following individual via first-class mail, postage prepaid: Michael Parker Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 Thc~s SfDi~hl, Esquire In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION CHARLENE J. SWANSON Plaintiff VS. HERBERT C. SWANSON JR Defendant ) Docket Number ) ) PACSES Case Number ) ) Other State ID Number 02-789 CIVIL 046105310 ORDER OF COURT You, C~nE~rS JOY SWANSON plaimiff/defendant of C/O FAMILY LAW CI.INIC, 45 N PITT ST, CARLISLE, PA. 17013-2943-45 are ordered to appear mDOMESTiC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HA/qOVER ST, CARLISLE, PA. 17013-3014-13 before a hearing officer of the Domestic Relations Section, on the JULY 10, 2003 at X0:30AM for a hearing. You are further required to bring to the hearing: t. a tree 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: Form CM-509 Service Type M Worker ID 21204 SWANSON v. SWANSON PACSES Case Number: 046105310 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. Date of Order: BY THE COURT: JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING 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: 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 CU}qBERraU~D Cotmty 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) 240-6:!25 . All arrangements must be made at least 72 hours prior to any bearing or business before the court. You must attend the scheduled hearing. Page 2 of 2 Form CM-509 Service Type M Worker ID 21204 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION CHARLENE J. SWANSON Plaimiff VS. HERBERT C. SWANSON JR Defendant ) Docket Number ) ) PACSES Case Number ) ) Other State ID Number 02-789 CIVIL 046105310 ORDER OF COURT You, HERBERT C. SWANSON JR 20 BRIAN DR, CARLISLE, PA. 17013-4300-20 plaimiff/defendant of are ordered to appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N ~ANOVER ST, CARLISLE, PA. 17013-3014-13 before a hearing officer of the Domestic Relations Section, on the O%/~Y 10, 2003 at lO:3OAN 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: Form CM-509 Service Type M Worker ID 21204 SWANSON v. SWANSON PACSES Case Number: 046105310 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 :tour 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. Date of Order: BY THE COURT: 3~/~es ley 01e ,~0'¢'., JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING 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: 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) 24o-~225 · 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 21204 HERBERT C. SWANSON, Plaintiff CHARLENE J. SWANSON, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 2002-789 INVENTORY OF CHARLENE J. SWANSON Defendant files the following inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. Defendant verifies that the statements made in this inventory are true and correct, to the best of his/her knowledge, information, and belief. Plaintiff/Defendant understands that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Defendant reserves the right to correct and/or supplement this Inventory to the extent that he/she acquires additional information regarding assets and/or liabilities. CHARLENE SWANSON Defendant ASSETS OF PARTIES Plaintiff/Defendant marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. ( ) 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 ( X ) 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, inventories, royalties ) 14. Personal property outside the home ) 15. Business (list all owners, including percentage of ownership, and officer/director positions held by a party with company) ) 16. Employment termination benefits - severance pay, worker'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 MARITAL PROPERTY Defendant lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced: Item Number 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. Description Names of Of Property All Owners Refrigerator Herbert & Charlene Swanson Freezer " " Washer & Dryer .... Lawn Equip. " " Tools " " China .... Silverware " " 2 television sets .... Stereo " " DVD player .... Sound system " VHS Movies .... DVD Movies .... Movie/DVD Holder .... 2 Computers .... 2 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. Printer Herbert & Charlene Swanson DVD Burner .... Camera " " Video Camera .... Quilt on Bed .... Electric Heater .... Triple Mesh Clothes Container .... Pictures .... Charlies' Furniture .... Futon " " Vacuums " " Pots & Pans .... 4 dolls (collectors items) .... Sheets " " Towels " " Face Cloths " " Blankets .... Comforter .... Electric Body Massager .... Holiday decorations .... Pension: Mr. Swanson has an Interest in a pension plan acquired During the marriage. 1998 Ford Contour 1998 Nissan Pulsar Herbert C. Swanson Herbert C. Swanson Herbert C. Swanson NONMARITAL PROPERTY Plaintiff/Defendant lists all property in which a spouse has a legal or equitable interest which is claimed to be excluded from marital property: Item Description Reason for Number of Property Owner(s) Exclusion 1. Sectional sofa Charlene Swanson Separate prop. 2. End table ........ 3. Coffee table ........ 4. Sofa table ........ 5. 2 lamps ........ 6. Rocking horse quilt ........ 7. Standing lamp .... " " 8. Magnolia picture ........ 9. Craft Shelves ........ 10. Craft bench ...... 11. Heart table ........ 12. Collection of Angels ........ 13. Book Collection ........ 14. Daughter's senior pics. ' ....... 15. Assorted Crafts ........ 16. Wooden Mag. Holder ........ 17. 4 Ottomans ........ 18. TV set " " .... 19. VCR ........ 20. Stereo system ........ 21. Entertainment Center ........ 22. Movies .... " " 23. Cassettes (music) ........ 24. Vacuum cleaner ........ 25. Wooden Garbage can 26. Storage container ...... 27. Cast iron frying pan 28. Bowls .... " " 29. Dining room table .... ' " 30. 6 arm chairs ........ 31. 2 side chairs ...... 32. 2 plant stands ........ 33. Table Cloths and mat ........ 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. 52. 53. 54. 55. 56. 57. 58. 59. 60. 61. 62. 63. 64. 65. 66. 67. 68. 69. 70. 71. 72. 73. Pictures of Daughters Charlene Swanson Flower arrangements .... Microwave oven " " Coffee maker " " Toaster oven Dishes .... Pots " " Silverware .... Assorted Kitchen Utensils .... Can opener " " Blender .... Hand mixer " " Crystal ice bucket .... Crock pot " Headboard .... Mattress " " Box spring .... End table " " Glass top table .... Clothes holder .... Pictures " " Black headboard Mindy Lamp Charlene Swanson Jewelry .... Jewelry box .... Boxes of stationary .... Shoes " Coats " " Clothing .... Lane Cedar Chest " " Pictures " " Sheets " " Blankets .... Ironing Board .... Quilts .... Face cloths .... Bread maker .... Iron " " Canisters " " Father's American Flag .... Separate Prop. Separate Prop. PROPERTY TRANSFERRED Item Number Description of Property Date of Consid- Transfer eration Person to whom Transferred LIABILITIES Item Number 1. 2. 3. 4. Description of Property $891.00 $787.OO $2,564.00 $861.00 Names of All Creditors Orchard Bank Capital one Providian Household Names of All Debtors Charlene Swanson Charlene Swanson Charlene Swanson Charlene Swanson Date: June 20, 2003 6 HERBERT C. SWANSON, Plaintiff CHARLENE J. SWANSON Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW :IN DIVORCE :NO. 02-789 CIVIL TERM VERIFICATION I verify that the statements made in this Inventory are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to penalties of 18 Pa.C.S. Section 4904, relating to unswom falsification to authorities. Date: Defendant/Petitioner HERBERT C. SWANSON, Plaintiff CHARLENE J. SWANSON Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA _. :CIVIL ACTION - LAW :IN DIVORCE : :NO. 02-789 CIVIL TERM .. CERTIFICATE OF SERVICE I, Nicholas Aloia, certif~ that on this date I am serving a true and correct copy of Inventory of Charlene J. Swanson on Thomas S. DieM, Esq., ()ne West High Street, P.O. Box 1290, Carlisle, PA, 17013, by placing the same in the United States mail, first class, postage prepaid. Date: Nicholas Aloia HERBERT C. SWANSON, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent: CUMBERLAND COUNTY, PENNSYLVANIA : DOMESTIC RELATIONS SECTION CHARLENE J. SWANSON, ' PACSES NO. 046105310 DefendantJPetitioner: No. 02-789 CIVIL INTERIM ORDER OF COURT AND NOW, this 14th day of July, 2003, 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: The Husband shall pay to the State Collection and Disbursement Unit for transmission to the Wife the sum of $500.00 per month as alimony pendente lite. B. The Husband shall pay to the State Collection and Disbursement Unit the additional sum of $50.00 per month on arrearages until paid in full. C. The effective date of this order is April 22, 2003. D. Except as modified herein, the interim order of May 27, 2003 shall remain in full force and effect. 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(0, 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. By the Court, d.ifV~e~ley Oler, Jill. ~'1~ o V Cc: Herbert C. Swanson Charlene J. Swanson Robert E. Rains, Esquire Supervising Attorney Family Law Clinic For the Respondent Michael Parker Certified Legal Intern Family Law Clinic For the Respondent Thomas S. Diehl, Esquire For the Petitioner DRO In the Court of Common Pleas of Cumberland County, Pennsylvania Plaintiff Name: Defendant Name: Docket Number: PACSES Case Number: Other State ID Number: Tax Year: Charlene J. Swanson Herbert C. Swanson Jr. 02-789 Civil O461O531O 1. Fling Status Head of Married Filing Household Separately 2. Who Claims the Exemptions Customize 3. Number of Exemptions 2 1 4. Monthly Taxable Income $7,394.00 $1,684.33 5. Deductions Method 6. Deduction Amount $583.33 $331.25 7. Exemption Amount $508.34 $254.17 8. Income MINUS Deductions and Exemptions $6,302.33 $1,098.91 9. Tax on Income $1,279.46 $139.84 10. Child Tax Credit 11. Manual Adjustments to Taxes 12. Federal Income Taxes $1,279.46 $139.84 12 a. Earned Income Credit 13. State Income Taxes $207.03 $47.16 14. FICA Payments $556.71 15. City Where Taxes Apply $128.85 --Select-- 16. Local Income Taxes $73.94 $16.84 TOTAL Taxes $2,117.14 $332.69 SupportCalc 2003 EXHIBIT "A" AMETEK SPECIAL TY MOTORS DIVI$/ON ' ,~l~K 1051SHEFFLER DRIVE CHAMBERSBURG, PA 17201 Earni: s Statement Period Ending: 05/04/2003 Pay Date: 05/09/2003 Eaminfls Regular Vacation Taxable Mar~al Status; Single Exemptmns/At!owances: Federal: I PA: N/A Chambersburg: Social Sacu rr~'y Number; 155-32-1786 rote I~m this peH(~ 80.00 3,230.72 Deductions Statutory Federal Income Tax -574.82 Social Security Tax -191.84 Medicare Tax -44.87 PA State Income Tax -84.91 Chambersburg Income Tax - 30.33 PA SUI/SDI Tax -0.65 Other Checking - 1,594.81 yaarma-te 31,014.92 1,292.28 32,307.20 5,401.02 1,918.36 448.65 849.10 316.68 6.51 Flex Ad&D -5.82* 58.20 Flex Basic life -70.95* 709.50 Flex Child !.Jfe Flex Dental ~ 203.70 Flex Ltd Pst Tx -23.91 Flex Medical ~ 706.20 Flex Vision ~ 51.70 Fix Spouse Life Gtl -61.53 615.30 Hcra -50.00' 500.00 401 K - Plan2- Cost - 193.84* 1,938.40 401 K- Plan2- Loan - 108.93 I, 089.30 401 K - Ptan2 - Loan - 181.62 1,816.20 Opt Tax 10.00 HERBERT SWANSON 20 BRIAN DRIVE CARLISLE, PA 17013 Adjustment this period Flex Credits +24.81 GtJ Offset +61.53 * Excluded from federal taxable wages Your federal taxable wages this pedod are ~2,838.76 year to date .U IETEKAMETEK SPECIALTY MOTORS DIVISION Advice number: 1051 SHEFFLER DRIVE Pay date: CHAMBERSBURG, PA 17201 --- ~ ~--I~cc~unt number Deposited to the account of ~ ~ 1010071397427 HERBERT SWANSON _ ----'=-~ OO0O019O0O9 05/09/2003 transit ABA amount 0310 0050 $1,594.81 AMETEK SPECIALTY MOTORS DIVISION 1051 SHEFFLER DRIVE CHAMBERSBURG, PA 17201 Earni('. s Statement P,sriod Ending: 04/20/2003 Pay Date: 04/25/2003 Earnings Taxable Martial Status: Single Exemptmns/Ailowances: Federal: PA: N/A Chambersburg: Social Secur~y Number: 155-32-1786 rate ho~m thia pe~ed Regular Vacation 80.00 3,230.72 Deductions year to date 27,784.20 1,292.28 29,076.48 Statutory Federal Income Tax -574.82 4,826.20 Social Secunty Tax -191.83 1,726.52 Medicare Tax -44.86 403.78 PA State Income Tax -84.91 764.19 Chambersburg Income Tax -30.33 286.35 PA SUI/SDI Tax -0,65 5.86 Other Checking - 1,594.83 Flex Ad&D -5.82' 52.38 Flex Basic Life -70.95' 638.55 Flex Child Life -0.69 Flax Dental -20.37* 183.33 Flex Ltd Pst Tx -23.91 Flex Medical -70.62* 635.58 Flex Vision -5,17' 46.53 Fix Spouse Life -1.38 Gtl -61.53 553.77 Hcra -50,00' 450.00 401 K- Plan2 - Cont - 193.84* 1,744.56 401 K - Plan2 - Loan - 108.93 980.37 401 K - Plan2 - Loan - 181.82 I, 634.58 Opt Tax 10.00 HERBERT SWANSON 20 BRIAN DRIVE CARLISLE, PA 17013 Adjustment th~ period Flex Credits +24.81 Gtl Offset +61.53 * Excluded from federal taxable wages Your federal taxable wages this period are $2,838.76 AMETEK SPECIALTY MOTORS DIVISION Advice number: 00000170009 1051 SHEFFLER DRIVE Pay date: ~ 04/25/2003 CHAMBERSBURG, PA 17201 -~-- Deposited to the account of HERBERT SWANSON ~ ; -~- _ ',5 ~' F~~ ~l~'Ne account number 1010071397427 transit ABA amount 0310 0050 $1,594.83 NON-NEGOTIABLE In the Court of Common Pleas of ~ERLAND County, pPnnnylvania DOME.,~IC RgI~.YION$ SECTION 13 N. HANOVER s'r, P.O. BOX 320, CA.RI.t~..E, PA. 17013 .. Fax: (717) Phone: (717) 240-6225 ~02 Plaintiff Name: Defeadant Name: m~T ¢. Docket Number: PACSES Case Number: ~,~_~o,' Other State ID N'uraber: (i:you ~.e.:f~=p~oy~ or i:yo. ~,,"~ed by~ ~,o ~ o~ ~e S~pp~e=~ t=o= S~=e~ w~i~ ~,~ statement.) / /O /" --r- LNCOME STATEMENT OF //--/'~-~ ~F Section I: _Income and Insurance Employer Pay Period (wkly., bi-wkly., em.) ~/--~,,///~/ ~/ Itemized Pa)roll Deductions: OTHER (Fill in Appropriate C:lumn) O',vuershi[ * INCOME WEEK t MONTH YEAR PROPERTY Interest $ [ $ OWN'ED DESC~r-'!/. ON VAZ.LrE H [ W J Aantuv/ Savings Accounts ---- Oif~z R~I E~atm ..--- T~ mCO~ S ~ - P~I~IFF EXHIBIT F¢ Servi~Type M W["%'Oa h income and Expense Statem~t ~ "PACSES Case Number 127105062 INSURANCE COMPANY~ ~ POLICY# H IW lC Ocher * H=Hv. sband; W=Wife; C=Child Sect/on H: Supplemental Income Stat..,~nent This form is to be fried out by a person [] (I) who operates a businc~ or pr-acticcs a profos~ion, or [] (2) who is a member of · parmcrship or joim venture, or [] (3) who is a shareholder in and is salaried by a closed corporation or siz:~ entity.. Amch to chis stamment a copy of che following documents relating to the l:rarm~ joint v~ntur~, business, profession, (1) ch~ most recent Federal Incom~ T~x P.~m, ~ (2) the most r~c~nt Profit and Loss $~atoment Nam~ of business: Nature of business (check one) [] (2) joint venmr~ [] (3) profession [] (4) :~d (5) omer N~ of a~o~ ~n~oHer or oaer ~n ~ ~e of ~c~ ~r~: ~ ~o~ ~m b~ess: (I) How o~n ~ ~me Gm~ ~come ~r pay Ne~ ~ ~r ~y (4) S~ ~. if ~y: Page 2 of 3 Form IN-008 Se. rv~e T~'pe M Worker ID 21205 Income ani~ Exp~nse Statement Section PACSF, S Cas~ Numbe~ ~271o5o~2 Instructions: Only show extraor4~"arY expeme$ in this section unless you filled out Section H on page two. The categories in BOLD FONT are ezpecially important for calculating child support..Lf you are requesting Spousal Support/APL or if you asse~ your case cannot be determined according to th~ guideLine grids or formula, this section must be fully completed. (Fill in Appropriate Coltumn) EXPENSES WEEK 1 MONTH Home Mot:gage/Rent $ U~ifies O~ Te~pnone //~ ~ T~ $ $ Taxes R~ c~ $ $ ~ $ Aummobde M~ca ~tor ~, b~, ] Total WEEK (Fill in Appropriate Column) EXPENSES (continued) WEEK MONWH YEAR Education P:flvate ~.hool $ $ ~ $ Parochial School [ Coliege Religious Personal Clomin$ s $/~: Credk Payment~ MelnberflliD$ Loans C~dit Union $ I $ ~ $ Household Help $ $ ~ $ Child care l~ntermaraent ~onm~ufion~ MONTH I verif~ mt the slatement~ alade ill ti~ I~ome and Ext:~use S"~ ~ ~e a~d c~C[. I ~ p~o~rifie~ ~..lqlzg~ . ~~ ~~ ~ ~ ge 3 of ~ ~pPO program swANSON HERBERT QCB155321786 86953R PCP $15 SPEC $20 AMETEK ICE .MI IETEK GENERIC $5 BRAND $10 NON-FORMULaRY $25 NATIONAL PRESCRIPTION ADMINISTRATORS s~so., ~e155-,32-1786 ~wA. N~ 02 CHAR~ NPAS NPAS NPA 3D RULES G°VERNING USE OF THIS CARD 1. This card may be used to ~th entered into an agreement participating pharmacies ha g v, qth NPA · ro of NPA. 2. This card is not transferab e and rema ns the p petty 3. improper or fraudulent ~se of this card to obtain prescription drugs is punishat~le By taw. 4. This card is void when your eligthility terminates. 5. The loss of this card should be reported tmn~diatalY to your sponsorfng group. 1 O-May-02 Amount Due Balance 12.88% Gulf Coast Community FCU $ 140.00 $ 5,524.56 16.90% Providian Visa $ 15.00 $ 563.56 Capital One $ $ 18.05% Capital One $ $ 13.99% Fimt Union Visa $ 150.00 $11,609.06 14.99% Citi Bank AA Mastercard $ 100.00 $ 3,912.53 9.90% Chase Mastercard $ 80.00 $ 2,691.52 9.57% First USA Visa $ 150.00 $ 6,961.74 14.97% Amedcan Express $ 250.00 $ 6,004.04 Total $ 885.00 $37,267.01 L EXHIBIT 17-/0 0 0 .g m~ o@ O0 0 ~ < 0 ~ O~o =>~= o-~ m '~- C Itl -<< ZC .H 0 m 0 0 m~> '% '::- "r' 0 > m ~>z;~ ('>oz ~ X C~ ~-. 0 = Z ~ © m m~ >z~ 0 m° 0~ 0 + 0 mc} i'TMmO= -~ >~ ..<< C Z m 0 C m © Z o :~ 0 rn ..q>x ..q m>.~- ~0~_. 7 "r' 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 .... ~ ~ 0 x - > ~ Z -H m m 0 0 oooooooooooooooooooooooooo 8 q HERBERT C. SWANSON, Plaintiff CHARLENE J. SWANSON_, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 2002-789 INVENTORY OF CHARLENE J. SWANSON Defendant files the following inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. Defendant verifies that the statements made in this inventory are true and correct, to the best of hisPaer knowledge, information, and belief. Plaintiff/Defendant understands that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Defendant reserves the right to correct and/or supplement this Inventory to the extent that he/she acquires additional information regarding assets and/or liabilities. CHARLENE SWANSON_ Defendant ASSETS OF PARTIES '~"~- t - ~ ;' ~ Plaintiff/Defendant marks on the list below those items applicable to the ~e a bar and,,7 itemizes the assets on the following pages. ,~. :,~ -~ ( ) 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 ( X ) 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, inventories, royalties ~ 14. Personal property outside the home 15. Business (list all owners, including percentage of ownership, and officer/director positions held by a party with company) ( 16. Employment termination benefits - severance pay, worker'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 tmmatured) ( ) 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 MARITAL PROPERTY Defendant lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced: Item Number 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. Names of Description All Owner.s. Of Propert~ Refrigerator Herbert & Charlene Swanson Freezer ,, ,, Washer & Dryer .... Lawn Equip. ,, ,, Tools ,, ,, China .... Silverware .... 2 television sets .... Stereo ,, DVD player .... Sound system .... VHS Movies .... DVD Movies .... Movie/DVD Holder ,, 2 Computers 2 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. Herbert & Charlene Swanson Printer ,, ,, DVD Burner ,, ,, Camera ,, ,, Video Camera ,, ,, Quilt on Bed ,, ,, Electric Heater ,, ,, Triple Mesh Clothes Container .... Pictures ,, ,, Charlies' Furniture ,, ,, Futon ,, ,, VacuUiTIS . ,, Pots & Pans ,, ,, 4 dolls (collectors items) ,, ,, Sheets ,, ,, Towels ,, ,, Face Cloths ,, ,, Blankets ,, ,, Comforter ,, ,, Electric Body Massager ,, ,, Holiday decorations Pension: Mr. Swanson has an Interest in a pension plan acquired During the marriage. 1998 Ford Contour 1998 Nissan Pulsar Herbert C. Swanson Herbert C. Swanson Herbert C. Swanson 3 NO_NMARITAL PROPERTY_ Plaintiff/Defendant lists all property in which a spouse has a legal or equitable interest which is claimed to be excluded from marital property: ~tem Number_ 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. Description 9wner(sl of P~ertz Sectional sofa Charlene Swanson End table ,, ,, Coffee table Sofa table ,, .,, 2 lamps , ,, Rocking horse quilt .... Standing lamp .... Magnolia picture .... Craft Shelves Craft bench .... Heart table .... Collection of Angels Book Collection Daughter's senior pics. ,, ,, Assorted Crafts Wooden Mag. Holder 4 Ottomans TV set ,, ,, VCR .... Stereo system Entertainment Center Movies ,, Cassettes (music)' Vacuum cleaner Wooden Garbage can Storage container .... Cast iron frying pan ,, Bowls ,, ,, Dining room table 6 arm chairs .... 2 side chairs 2 plant stands .... Table Cloths and mat Reason for E.~xclusion. Separate prop. 4 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. 52. 53. 54. 55. 56. 57. 58. 59. 60. 61. 62. 63. 64. 65. 66. 67. 68. 69. 70. 71. 72. 73. Charlene Swanson Pictures of Daughters , ,, Flower arrangements ,, ,, Microwave oven Coffee maker Toaster oven ,, ,, Dishes ,, Pots ,, ,, Silverware ,, ,, Assorted Kitchen Utensils .... Can opener ,, ,, Blender ,, ,, Hand mixer ,, Crystal ice bucket Crock pot .... Headboard ,, ,, Mattress ,, ,, Box spring , ,, End table .... Glass top table Clothes holder Pictures Black headboard Mindy Charlene Swanson Lamp .... Jewelry .... Jewelry box .... Boxes of stationary Shoes ,, ,, Coats ,, ,, Clothing ,, ,, Lane Cedar Chest Pictures ,, ,, Sheets ,, ,, Blankets .... Ironing Board Quilts ,, ,, Face cloths .... Bread maker ,, ,, Iron ,, ,, Canisters ,, ,, Father's American Flag Separate Prop. Separate Prop. 5 Item Number PROPERTY TRANSFERRED Description Date of Consid- of Property Transfer eration Person to whom Transferred Item Number 1. 2. 3. 4. Description of Property $891.00 $787.O0 $2,564.O0 $861.00 LIABILITIES Names of All Creditor .s. Orchard Bank Capital one Providian Household Names of All Debtors Charlene Swanson Charlene Swanson Charlene Swanson Charlene Swanson Date: June 20, 2003 6 HERBERT C. SWANSON, Plaintiff CHARLENE J. SWANSON Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW :IN DIVORCE : :NO. 02-789 CIVIL TERM VERIFICATION ! verify that the statements made in this Inventory are true and correct to the best of my personal knowledge, information and belief. ! understand that false statements herein are made subject to penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: Charlehe J. Swar;sml~- Defendant/Petitioner HERBERT C. SWANSON, Plaintiff CHARLENE J. SWANSON Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA _. :CIVIL ACTION - LAW :IN DIVORCE : :NO. 02-789 CIVIL TERM ; .. ., CERTIFICATE OF SERVICE I, Nicholas Aloia, certify that on this date I am serving a true and correct copy of Inventory of Charlene J. Swanson on Thomas S. Diehl, Esq., One West High Street, P.O. Box 1290, Carlisle, PA, 17013, by placing the same in the United States mail, fii'st class, postage prepaid. Date: Nicholas Aloia HERBERT C. SWANSON, Plaintiff/Respondent :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, DOMESTIC :RELATIONS SECTION : :CIVIL ACTION - LAW :IN DIVORCE CHARLENE J. SWANSON Defendant/Petitioner :NO. 02-789 CIVIL TERM CONSENT AND APPROVAL FOR APPEARANCE UNDER Pa.B.A.R. 322 I hereby consent to the appearance of Michael Parker, a Certified Legal Intern under the supervision of an attorney, in the Alimony Pendente Lite hearing before the Honorable Michael Rundle on July 10, 2003 at 10:30 am. Date: July 10,2003 As the supervising attomey for Michael Parker, certified under Pa.B.A.R. 322, I approve of his appearance on behalf of the above-named client in the above-named proceeding. Date: July 10, 2003 t[ob~ert E. Rains Thomas M. Place Supervising Attorneys Lucy Johnston-Walsh Staff Attorney FAMILY [AW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-:!968 Il.lO-oS John A. Vaskov, Esq. Deputy Prothonotaxy Patficla A. Nicola CNef Clerk Thomas M. Place, Esq. Supreme Court of Pennsylvania Western District January 21, 2003 Dickinson School of Law, Family Law Clinic 45 N. Pitt Street Carlisle, PA 17013 801 City-County Build'ne Pittsburgh, PA 15219 412-565-2816 xvww.aopc.org RE: Michael Parker No. 55 INT 2003 Dear Attorney Place: The above-named law student has been approved and certified under Pa. B.A.R. 321 and 322 by: Dickinson School of Law Harvey A Feldman Associate Dean as a duly enrolled law student who has completed at least three (3) semesters of legal studies, or the equivalent thereof, as being of good character and competent legal ability, and as being adequately trained to perform as a legal intern as of January 21, 2003. Pursuant to such certification and in accordance with and subject to the provisions of Pa. B.A.R. 321 and 322, the above-named student has been certified as a legal intern and you have been approved to perform the duties of supervising attorney. WITNESS my signature and the seal of this Court, January 2'1, 2003 /alf CC: Mr. Harvey A Feldman Associate Dean Very truly yours, .\.. jDeputy Prothonetary In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION 13 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA. 17013 Phone: (717) 240-6225 Fax: (717) 240-6248 Plaintiff Name: Defendant Name: Docket Number: PACSES Case Number: Other State ID Number: Hease note: AIl correspondence must Include the PACSES Case Nmnber. Income and Expense Statement THIS FORM MUST BE FILLED OUT (If you are self-employed or if you are salaried by a business of which you are owner in whole or part, you must also fill out the Supplemental Income Statement which appears on page two of this income and expense statement.) INCOME STATEMENT OF ~ ~-~' ~ Section I: Income and l_~..~_~uranee INCOME: Employer Ad.ss Type of Work Payroll bio. ~ Gross Pay per Pay Period $ Pay Period (wkiy.. bi-wkly., etc.} Itemized Payroll Deductions: F~er,I Wi~holdi.g S 3Z. ~'ql so;ia~ S~ud, I$ Local Wage Tax ~ q. gq I State Income Tax $ ~ .~.~ I Retire~nt $ Sav~gs ~nds ~UMon $ Life I~ I si. ti H~ l~m~ $~. t~ ~ OTHER (Fill in Appropriate Column) Ownership * INCOME WEEK MONTH YEAR PROPERTY OWNED Interest $ $ $ DESCRIPTION VALUE H W J Dividends Checking Accounts $ 7_ Pension Annuity S~vings Accounts Social ~urity Credit Union Ro~'alfies $~ks/Bonds Exl~nse Account Real Estate Gifts i Unemployment O0acr O~er L TOTAL Olhcr TOTAL $ $ $ * ti=Husband; W--Wife; Service Type Income and Expense Statement PACSES Case Number Coverage * INSURANCE COMPANY POLICY # H W C Hosoital ~aO4 ~ Other '~ ~ Blue Shield - Other Health/Accident Other * H=Husband: W--Wife: C--Child ~t~ .~¥~ , OQT. ]'7 ~DJ~. ~-~ Section H: Supplemental Income Statement ~ '~ ]° ] I ~'60 t~,R. hi, fo is hefill douthyaperao [] (1) who operates a business or practices a profession, or L..~' ~{. 'T_.~ ~'t- 14 bO~ --~ $ 14. /4/4 [] (2) who i,a m~mher ora par~ership or~ointventore, or --3--64OC. 113-1 a- [] (3) who is a shareholder in and is salaried by a closed corporation or similar entity. Attach to this statement a copy of the following documents relating to the partnership, joint ventore, business, profession, ~ ~tO corporation or similar entity: (1) the most recent Federal Income Tax Retom, and (2) the most recent Profit and Loss Statement ¢. Name of business: Nature of business (check one) [] (1) partnership [] (2) joint venture [] (3) profession [] (4) closed corporation [] (5) other Name of accountant, controller or other person in charge of financial records: f. Annual income from business: (1) How of~n is income received? (2) Gross income per pay period: (3) Net income per pay period: (4) Specified deductions, if any: Page 2 of 3 Form IN-008 Service Type Worker ID Income and Expense Statement PACSES Case Number Section m: Expenses Instructions: Only show extraordinary expenses in this section unless you filled out Section II on page two. The categories in BOLD FONT are especially important for calculating child support. If you are requesting Spousal Support/APL or if you assert your case cannot be determined according to the guideline grids or formula, this section must be fully completed. (Fill in Appwpriate Column) EXPENSES WEEK MONTH YEAR : Home Mortgage/Rent $ $ I~,.~,[M~ $ Maintenance Utilities Electric $ $ ~.t~t~ $ Oas Oil Telephone ]~, O0 Water Sewer Employment Public Transport. $ $ ! $ Lunch Taxes Real estate $ $ $ Personal Property Homeowner's $ $ $ Automobile Life Accident Health Automobfle-'~--~ Payments $ $ $ Fue, q0/~o 17~l.Y0 Repairs Medical Doctor $ $ ~,t~O $ Dentist Orthodontist Medicine Special needs (glass~, braces, ortho*oedic devices Total WEEK Expenses: $ (Fill in Appropriate Column) EXPENSES (continued) WEEK MONTH YEAR Education Private School $ $ $ Parochial School College Religious Personal Clothing $ $ It~o .bb $ Food Barber/ Hairdresser Credit Payments Credit Card Charge ' Memberships Loans Credit Union $ $ $ Miscellaneous Household Help $ $ $ Child care Papersfoook.~ Maeazines Enteminment Pay TV Vacation Gifts Legal fees Charitable Contributions Other Child Altmony Other $ $ $ MONTH .. YEAR I verify that the statements made in this Income and Expense Statement are tree and correct. I understand that false statements herein are subject to the criminal penalties of 18 Pa~S\§ 4904, relating to ~lI~worn falsification to authorities. Date Plaintiffor~efen~tant- '~ [ Page 3 of 3 Form IN-008 Service Type Worker ID STATEMENT O: EARNINGS N.B. LIEBIVIAN & COIVlPANY, INC. !,lA._ CAFt{; 27.i!7 EARN J0106, :,~. ,~00 FiCA 771. .~9t .]00 SWT 282. ,~00 LOC'Al 26.i .: : ', . ~0 { PERIOD ENDJ : ,~ ~ ~,/~7.,' ;~S DEDUg ]~ N~T PAY DETACH S%ATEMENTOFEARNINGS BEFORE DE,OS,T, NG N.B. LIEBMAN & COMPANY, INC. <)/~ 18.00 226,~0 CO~. ,00 ,?( :VI'ATF, 25 .~0:t ,[00 FI¢,A 720. SICK .00 ,?( :",D~ ,~0t ,~00 SWT 2e, 3, HOL. . O~ BO~lf . O0 .:of .:0( : " 6/13/ DETACH STATEMENTOFrEARNINGS BEFORE oEPOS,TI,~ N.B. LIEBMAN & COMPANY, INC. R..,L zj0.o0 320.~0(' F~T ~2':;-',9~ .,Or ~A~ 8882. ~':~,/T 39.00 ~68.',0t FIC~ 60.~2': .',0f FWT 2047. r ";K ,00 .JOt' ,:,D, .:~ ,.0~ o~T 248. , bU .1( [ ' , .:OC " ,' . :0 ( PERIOD END ' ¢,/06/ ) RATE E RNINGS TAXES DEDUCTIONS NET PAY ~88 .:00 2;4 .;9~J .:0(7 562. VAC HRS ~VAILABLE J0.58 YTD .{H;} YTD ~,763.1 DETACH 8TATEMENTOFEARNtNGS BEFORE DEPOSIT,ND N.B. LIEBMAN & COMPANY, INC. P.E~.:} 40.00 320.',00 FWT 65.[30 .::00 EARN 7440.? O/T 17.00 204.i00 Fl'('.'/% 49.!09 .[Or] FWT 823.? C(.q~M. ,00 .:0( STATE J4.~67 ,[00 FICA 569.j; S/CF .00 .~()( SD/ .:0( ,j00 SWT 208.~: HOL. .00 .[()~' LOChL a.b, .~00 SDI .[: V~C,. .00 ,10[ : ,~00 LOCAL 119,:t E~O~JS . OD .~0C : ,:00 ' : .:00 : '~ · J0 0 PERIOD : ,, : : : : RATE EARNINGS mAXES DEDUCTIONS NET PAY 524 .;0C 328 .;44 .',0(' 395 ,:~ ifA(' I-fRo JIV.I\II,ABLE 9. e YTD ,00 YTD 57[18.ff cid 0 ~ HERBERT C SWANSON JR 20 BRIAN DR CARLISLE PA 1701)-q300 AM£TC'K, INC. October 01, 2001 - D¢ccmbcr 31, 2001 For in£ormation calh Vanguard Participant Services (800) 523-1188 Or via thc inrcrnct at: www. vanguard, com Page 1 o THE AMETEK '~)I(K) PLAN FOR ACQ_U] RED B US1N F-.SSES Plan No.: 092646 Soc. Sec. No.: 155-32-1756 Balance including outstanding loans Birth Date: 05/02/1943 $ 49,185.3~ Opening balance $ 30,546.09 Contributions EMPLOYEE CONTRI BUilONS $ 3,075.6~ EMPLOYER MATCH CONTFUBUllONS 1,318.17 Earnings Dividends/capital gains $ i ,041.64 Unrealized gain/loss 1,347.16 Other transactJons Loan interest $ 222.91 Transfers/rellovers in 11,633.73 Closing balance $ 49,185.36 Outstanding loan balance $ 8,947.09 Closing balance minus outstanding loans $ 40,238.27 T H EVa.~.I~RO U P, This section provides you with general information about your individual plan account. Any information labeled as Year-to-Date represents activity since January I of the current calendar year Contributions shown here represent money that was received during the statement period shown above. Earnings are defined as the net change /n your account value due to the reinvestment of dividends and/or interest as well as the change in Fund prices, Dividends paid by a Fund may cause a drop in the ~und price. This change may cause an unrealized loss in your Fund account, but it is offset by the dividend amount added to your account. 0001 7-1o-o3 AMETEK, INC. January Ol, 2003 - March 31, 2003 For int~2rmation call: Vanguard Participant Services (800) 523-1188 Or via thc internst ar: www. vanguard, com Page 1 off HERBERT C SWANSON JR 20 BRIAN OR CARLISLE PA 17015-4500 THE .~M ETEK 401(K) PLAN FOR ACQUIRED BUSINESSES Plan No.: 092646 Balance $ 68,734.36 Please check this statement for accuracy and notify Vanguard Participant Services of any discrepancies within 60 days, Opening balance $ 66,737.84 Contributions EMPLOYEE CONTRI BU~ONS $1,163.04 EMPLOYER MATCH CONTRIBUTIONS 1,163.04 Earnings Dividends/capital gains $ 378.1~ Unrealized gain/loss - 1,114.83 Other transactions Exchanges in $ 26,552.2~ Exchanges out - 26,552.23 Loan interest 407.15 Closing balance $ 68,734.36 Outstanding loan balance $ 24,324.13 Closing balance minus outstanding loans $ 44,410.23 This section provides you with general information about your individual plan account Any information labeled as Year-to-Date represents activity since January 1 of the current calendar year. Contributions shown here represent money that was received during the statement period shown above, Earnings are defined as the net change in your account value due to the reinvestment of dividends and/or interest as well as the change in Fund prices Dividends pa¢d by a Fund may cause a drop in the Fund price, This change may cause an unrealized loss in your Fund account, but it is offset by the dividend amount added to your account. THEVaY'I~,,,la.rdGRo[JP 15289 10-May-02 Amount Due Balance 12.88% Gulf Coast Community FCU $ 140.00 $ 5,524.56 16.90% Providian Visa $ 15.00 $ 563.56 Capital One $ $ 18.05% Capital One $ $ 13.99% First Union Visa $ 150.00 $11,609.06 14.99% Citi Bank AA Mastercard $ 100.00 $ 3,912.53 9.90% Chase Mastercard $ 80.00 $ 2,691.52 9.57% First USAVisa $ 150.00 $ 6,961.74 14.97% American Express $ 250.00 $ 6,004.04 Total $ 885.00 $ 37,267.01 ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co.~City~Dist. of CUMBERkCND Date of Order/Notice 07/16/03 Tribunal/Case Number (See Addendum for case summary) C) Original Order/Notice (~ Amended Order/Notice C) Terminate Order/Notice £mployer/Withbolder's Federal EIN Number AMETEK MOTORS HOLDING & CO 1051 SHEFFLER DR CHAMBERSBURG PA 17201-4842 RE: SWANSON, HERBERT C. JR Emp[oyee/Obligor's Name (Last, First, MI) 155-32-1786 Employee/Obligor's Social Security Number 1421101084 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. $ 500. oo per month in current support $ 50.00 per month in past-due support Arrears 12 weeks or greater? Oyes (~) no $ o. oo per month in medical support $ 0.00 per month for genetic test costs $ per month in other (specify) for a total of $ 550. O0 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: $__:126.92 per weekly pay period. $ 253.85 per biweekly pay period (every two weeks). $ 275. oo per semimonthly pay period (twice a month). $ 55o. 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 #10 on pg. 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 fmployee/Obligor's Case I~.R~. SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MALL. .._~ 7 ' ,a~/'O"~ BY THE CURT: /~ ,/~ Date of Order: 'JUL' ~' ' ~r~ t t~/_..~ Y~ M I/ ~ Form EN-028 Service Type M o 8No.:0970-0,S~/ Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOEDERS rowde a o of this form to your ~mployee If yo~)r employee works in a state tha~ is [] I.f. checke.d you. are reqt))rqd, to p~ .L:- _.~C~(~y~ ,~,~nv must be nrovicled to your em ployee even ~f the nox is not checked. 1. We appreciate the voluntary compliance of Federally recognized Indian tribes, tribally-owned businesses, and Indian-owned businesses located on a reservation that choose to withhold in accordance with this notice. 2. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 3. Combining Payments: You can combine withheld amounts from more than one employee/obiigor'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. R=~'~,,t,,,~ ,,,~ ' '~y''''~' ~'~'= '~' ' ' ''' '' '~'''~ '' '~' .~L- ~ .... ~ .... '~--~ ..... You must comply with the law of the pa~,~,,~,,~,,,~ ~,, ,,,~,,,,,~,,~,, ,~ ,* ~,,= '"~ ~"' '" '"~" "'"~'~' '~ "~* "'""'~"~ "~"" "'~ ~ 'P"~Y~': * w,,~. implement the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must withholding order and forward the suppor~ payments. 5.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #10 below) 6. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. WITHHOLDER'S ID: 5104091610 EMPLOYEE'S/OBLIGOR'S NAME: SWANSON, HERBERT C. JR EMPLOYEE'S CASE IDENTIFIER: ~.~2:1,10108~ DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 7. 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. §. Liabili~: If you fail to withhold income as the Order/Notice directs, you am 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 urdess the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9. Anti-discrimination: You am subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 10.* Withholding Limits: You may not withhold more than the lesser of: 1 ) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.C. §1673 (b)l; 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. 11. 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. Submitted By: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 1 7013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at ~or by internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Worker ID STATT Service Type ~ OM8 No.: 0970-O1S4 ADDENDUM Summary of Cases on Attachment Defendant/Obligor: SWANSON, HERBERT C. JR PACSES Case Number 046105310 Plaintiff Name C]-L%RLENE J. SWANSON Docket Attachment Amount 02-789 CIVIL $ 550.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.o0 Child(ren)'s Name(s): DOB I--Jif checked you are required to enroll the child(ren) identified above in any hea th nsurance coverage available through the employee's/obligor's employment. [] If checked, you are required to enroll the child(mn) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.0o Child(ren)'s Name(s): DOB [] If checked, you are required to enroll the child(mn) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.0o Child(ren)'s Name(s): DOB : [] If checked, you are required to enroll the child(ten) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.o0 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 [] f checked you are required to enroll the child(ten) identified above in any health insurance coverage ava lab e through the employee's/obligor's employment. Addendum Form EN-028 WorkerlD $IA?T Se~ice Type M OMBNo.;0970~i$4 ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT C) Original Order/Notice (~) Amended Order/Notice C) Terminate Order/Notice State ~ommonwealth of Pennsylvania Co./City/Dist. of cUMBERLAND~ Date of Order/Notice 07/25/03 Tribunal/Case Number (See Addendum for case summary) RE: SWANSON, HERBERT C. JR Employee/Obligor's Name (Last, First, MI) E mployer/%Nithholde r's Federa~ EIN Number 15 5 - 3 2 - 1'/8 8 Emp]oyee/Ob%igor's Social Security Number 1421101084 AMETEK MOTORS HOLDING & CO ~mp~oyee/Obligor'sCase ~dentifier 1051 SHEFFLER DR (See Addendum for plaintiff names CHAMBERSBURG PA 17201-4842 associated with cases on attachment) g// ~Dol _ 7/~ c~ / p/~. CustodialParent'sName(Last, First, M~) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATI©N: This is an Order/Notice to Withhotd income for Support based upon an order for support from CUMBERLAigD County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the abovemamed employee's/obligor's income untii further notice even if the Order/Notice is not issued by your State. $ 500.00__ per month in current support $ 0.00 per month in past-due support Arrears 12 weeks or greater? C) yes (~) no $ 0. oo per month in medical support $ 0. ooPer 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 withho[d: $ __ 115.38 per weekly pay period. $ _ 23 o. ?7.per biweekly pay period (every two weeks). $ 250.00 per semimonthly pay period (twice a month). $ 500. 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/obl'gor s aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #10 on pg. 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service 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. CASH BV MAIL.~ ~ W~ DO NOT SEND j~jL , 8 2~~: i BY THE COURT: / / Date of Order: ~/]///--~----~ ~ Form EN-0'8 Worker ID SZATT Service Type M OMB N°'t 0970'01SdV ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WlTHHOLDERS ou are re u~red to provide a copy of this form to youremployee. If your emp oyee works in a state that is []If hecke y q ' · - · ' rem Io eeeven ftheboxisnotchecked. di~erent ~om the state that ~ssued th~s order, a copy must be prowded to you p y 1. We appreciate the voluntary compliance of Federally recognized Indian tribes, tribally-owned businesses, and lndiamowned businesses located on a reservation that choose to withhold in accordance with this notice. 2. Priority: Withholding under this OrdedNotice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 3. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. ........................................................................ s You must compJy with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 5.* Employee/Obligor with Multiple Support Holdings: if there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment You must honor all Orders/Notices to the greatest extent possible. (See #10 below) 6. Termination Notification; You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. WITHHOLDER'S ID: 5104091610 EMPLOYEE'S/OBLIGOR'SNAME: SW2~'~TSON, HERBERT C. ~ EMPLOYEE'S CASE IDENTIFIER: 1421101084 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 7. 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. 8. 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 empioyee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 10.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.C. § 1673 (b)l; 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. 11, 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. Submitted By: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 1 7013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (71 7) 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Service Type M OMSNO.:0970~154 WorkerlD $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: SWANSON, HERBERT C. JR PACSES Case Number 046105310 Plaintiff Name Docket AItachment Amount 02-789 CIVIL $ 500.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.0o Child(ren)'s Name(s): DOB [] f checked you are requ red to enroll the child(ren) identified above in any hea th nsurance coverage available through the employee's/obligor's employment. [] if checked, you are required to enroll the child(ten) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Atlachment Amount $ 0.0o 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(ten) ident f ed above in any health insurance coverage available through the employee's/obligor's emp oyment. PACSES Case Number Plaintiff Name. Docket Attachment Amount $ o.0o Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.o0 Child(ren)'s Name(s): DOB [] If checked, you am 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(ten) identified above in any health insurance coverage available through the employee's/obligor's employment. Addendum Form EN-028 Worker ID STATT Service Type M OMB No.: 0970~0154 HERBERT C. SWANSON, Plaintiff/Respondent :IN THE COURT OF COMMON~'I'~O~F~_~_3 :CUMBERLAND COUNTY, PENNSY*LVANIA : :CIVIL ACTION - LAW :IN DIVORCE CHARLENE J. SWANSON Defendant/Petitioner :NO. 02-789 CIVIL TERM ORDER AND NOW, this ~ day of ~ 2003, upon consideration of the foregoing Petition for Rule to Show Cause to Compel the Ac~:o~ting of and the Return of Non-Marital Property and Make Restitution For Any Items that Respondent Has Disposed of or Diminished in Value, it is hereby Ordered that: 1.) A rule is issued upon the respondent, Herbert C. Swanson, to show cause why the petitioner is not entitled to the relief requested; 2.) The respondent shall file an answer to the petition within twenty days of service upon the respondent; 3,) The petition shall be decided under Pa.R.C.P. No. 206.7; 4.) An evidentiary hearing on disputed issues of material fact shall be held on ~ / 7 .2ao3in courtroom__ ] of the Cumberland County Courthouse; ~ ~' ..~:t)b ~,/lq ? 5) Notice of the entry of this order shall be provided to all parties by the petitioner. BY THE COURT:: HERBERT C. SWANSON, Plaintiff CHARLENE J. SWANSON Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE : NO. 02-789 CIVIL TERM CERTIFICATE OF SERVICE I, Michael Parker, Family Law Clinic, hereby certify that I am serving a true and correct copy of the October 6, 2003, Order of Court setting a hearing date of December 17, 2003 at 3:00 p.m. in front of Judge Oler for the Petition for Rule to Show Cause to Compel the Accounting of and the Return of Non-Marital Property and Make Restitution For Any Items that Respondent Has Disposed of or Diminished in Value on Thomas S. Diehl, Esquire, at One West High Street, Suite 208, Post Office Box 1290, Carlisle, Pennsylvania, 17013, by depositing a copy of the same in the United States mail, first class, postage prepaid, this /0~e'/ day of October, 2003. Michael Parker Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 HERBERT C. SWANSON, Plaintiff/Respondent : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, DOMESTIC : RELATIONS SECTION : CIVIL ACTION - LAW IN DWORCE CHARLENE J. SWAN Defenda PETITION FOB NOW COMES, Defem SON ~t/Petitioner : NO. 02-789 CIVIL TERM dODIFICATION OF EXISTING ALIMONY PENDENTE LITE ORDER .nt/Petitioner, Charlene J. Swanson (hereinafter "Wife"), by and through her counsel, the Famil~ Law Clinic, and files this Petition for Alimony Pendente Lite, pursuant to Pa.R.C.P. Section 1914' 19, and in support thereof respectfully represents the following: b3 and through her counsel, the Family Law Clinic, filed a petition for 1. Wife, Alimon~ Pendente Lite with the Cumberland County Courthouse on March 7, 2003. I 2. On Jul~ 16, 2003, Support Master Michael Rundle entered order granting Wife an Alimon 3. The Jul continu 4. In addi monthl includi 5. Since the , Pendente Lite in the amount of $500.00 per month. 16, 2003 order was based in part on the reasoning that Husband would : to pay $60.00 per month for Wife's automobile insurance. ion, the July 16, 2003 order was based in part on Wife having a net income of $1,684.00 and living expenses of $1,218.00 per month rent of $425.00 per month. date of entry of the Alimony Pendente Lite Order of July 16, 2003, Husband has ceased to pay the $60 per month for Wife's automobile insurance. Wife no longer receives overtime pay at her place of employment, N.B. Liebman!s furniture. Therefore, her net monthly income is substantially lower than it was at the time the July 16, 2003 Alimony Pendente Lite Order was entered. Pursuanl contacte petition. intern le him to r, no respt Husban, to Cumberland County Rule 206.2, the u.ndersigned certified legal intern Husband's counsel by telephone on October 29, 2003, to discuss this Husband's counsel was unavailable. The undersigned certified legal ~t a message which informed Husband's counsel of this petition and asked ~spond as to whether he concurs with the petition. To date there has been nse. The Family Law Clinic takes the lack of response to mean that l's counsel does not concur with the petition. WHEREFORE, Wife seeks an increase in the amount of Alimony Pendente Lite that was granted to her in the July 16, 2003 Alimony Pendente Lite Order. Respectfully submitted, Date: Certified Legal Intern T~omas M. Place Robert E. Rains Lucy Johnston-Walsh Anne MacDonld-Fox SUPERVISING ATTORNEYS FAIVlILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 HERBERT C. SWANSON, Plaintiff CHARLENE J. SWANSON Defendant I verify that the Alimony Pendente Lite information and belief 18 Pa.C.S. Section 49( :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW :IN DIVORCE :NO. 02-789 CIVIL TERM VERIFICATION statements made in this Petition for a modification of an Existing Order are true and correct to the best of my personal knowledge, I understand that false statements herein are made subject to penalties of 4, relating to unsworn falsification to authorities. anson~ Defendant/Petitioner HERBERT C. SWANSON, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : :CIVIL ACTION - LAW :IN DIVORCE CHARLENE J.' SWANSON Defendant I, Michael Park copy of the Petition fo~ S. Diehl, Esquire, at O~ Pennsylvania, 17013, ~c postage prepaid, this :NO. 02-789 CIVIl, TERM CERTIFICATE OF SERVICE .~r, Family Law Clinic, hereby certify that I am serving a true and correct a Modification of an Existing Alimony Pendente Lite Order on Thomas te West High Street, Suite 208, Post Office Box 1290, Carlisle, y del?ositing a copy of the same in the Urdted States mail, first class, ~ [~St' day of October, 2003. Date:/fi-' 8/- ~--~ Michael Parker Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 HERBERT C. SWANSON, Plaintiff CHARLENE J. SWANSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COIJlqTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 02-0789 CIVIL TERM ORDER OF COURT AND NOW, this 12th day of November, 2003, upon consideration of Defendant's Petition for Modification of Existing Alimony Pendente Lite Order, this matter is referred to Rickie Shadday, Domestic Relations Conference Officer, and she is requested to schedule a conference in the matter. ~onOmas S. Diehl, Esq. e West High Street Suite 208 P.O. Box 1290 Carlisle, PA 17013 Attorney for Plaintiff Michael Parker Certified Legal Intern Thomas M. Place, Esq. Robert E. Rains, Esq. Lucy Johnston-Walsh, Esq. Anne MacDonald-Fox, Esq. ,upervising Attorneys amily Law Clinic 45 North Pitt Street Carlisle, PA 17013 Attorneys for Defendant BY THE COURT, /Wesley Oler, Jr., 'J. irc HERBERT C. SWANSON, JR., Plaintiff CHARLENE J. SWANSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-789 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE INVENTORY OF PLAINTIFF PURSUANT TO Pa.R.C.P. 1920.33(a) 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 years. Plaintiff verifies that the statements made in this inventory are true and correct. Plaintiff understands that false statements herein made are subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: lt~itted, ~Tl~mhs S. Diehl, L~squire Attorney for the Plaintiff One West High Street, Suite 208 Post Office Box 1290 Carlisle, Pennsylvania 17013 I.D. Number 78942 (717) 240-0833 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: [] 1. [] 2. [] 3. [] 4. [] 5. [] 6. [] 7. [] 8. [] 9. [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. Real property Motor vehicle Stocks, bonds, securities and options Certificates of deposit Checking accounts, cash Savings accounts, money market and savings certificates Contents of safe deposit boxes Trusts Life insurance policies (indicate face value, cash surrender value and current beneficiaries) Annuities Gifts Inheritances Patents, copyrights, inventions, royalties Personal property outside the home Businesses (list all owners, including percentage of ownership, and officer/director positions held by a party with company) Employment termination benefits-severance pay, workman compensation claim/award Profit-sharing plans Pension plans (indicate employee contribution and date plan vests) Retirement plans, Individual Retirement Accounts Disability payments Litigation claims (matured and un-matured) Military/VA benefits Education benefits Debts due, including loans, mortgages held Household furnishings and personalty (including as a total category and attach itemized list if distribution of such assets is in dispute) Other I. MARITAL PROPERTY Plaintiff lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced: ITEM DESCRIPTION OF VALUE VALUE TO VALUE TO NUMBER PROPERTY OR HUSBAND WIFE LIABILITY A. 1998 Ford Contour $5,880.00 100% B. 1998 Nissan Pulsar $1,995.00 100% A. AMETEK retirement $40,238.00 100% A. American Express card $4,451.00 Joint Debt Joint Debt Chase, NA credit card $2,606.00 Joint Debt Joint Debt Citi Cards credit card $1,214.00 Joint Debt Joint Debt First USA Bank credit card $7,339.00 Joint Debt Joint Debt Gulfport VA credit card $2,313.00 Joint Debt Joint Debt MBNA America credit card $11,974.00 Joint Debt Joint Debt Medical Bills $1,000.00 Joint Debt Joint Debt A. Household Goods (See (See Attached) $850.00 $1,280.00 attached list) $2,185.00 Total Marital Property II. LISTING OF HOUSEHOLD GOODS AND CONTENTS VALUED IN SECTION I, ITEM NO. 25, ABOVE** MARITAL PROPERTY Freezer $200.00 Tools $100.00 China $50.00 Silverware $50.00 Television sets (5) $300.00 $50.00 Son's Stereo (2) $100.00 DVD Player (2) $60.00 VCR (2) $40.00 VHS movies $100.00 Music cassettes $10.00 Computers (2) $200.00 Printer (2) $50.00 Camera (4) $60.00 Video Camera $50.00 Quilts (5) $5.00 Electric Heater $50.00 Pictures $200.00 Futon Sold Vacuums (2) $40.00 Pots & Pans $50.00 Dolls (4) $100.00 Linens $50.00 Electric Body Massager $10.00 (2) Holiday Decorations $200.00 Sectional Sofa $100.00 Standing Lamp $10.00 **See Attached Exhibits "A" and "B" for breakdown of marital property and property in storage. NON-MARITALPROPERTY Sound System $100.00 , Husband post-separation Husband's Retirement $12,987.00 Post-separation Plan contributions since 12/31/01 Son' s Furniture $200.00 III. PROPERTY TRANSFERRED Plaintiff lists all marital property which was transferred within 3 years of the date of commencement of this action or was transferred since the date of separation: Refrigerator Approximately $200.00 Sue Diehl 6 months after separation Washer & Dryer Approximately $250.00 Yard Sale 6 months after separation Lawn Equipment Approximately $50.00 Yard Sale & 6 months after Trash separation Triple Mesh Clothes Approximately Trash Container 6 months after separation Bread maker Approximately $10.00 Yard Sale 6 months after separation Marital Property Item Quantity Freezer 1 Tools Various China Various Silverware Various Television Sets 5 Stereo's 2 DVD Player 2 VCR's 2 VHS Movies Various Music Cassettes Various Computers 2 Pdnter 2 Cameras 4 Video Camera 1 Quilts 5 Electric Heater 1 Pictures Vadous Futon 1 Vacuums 2 Pots and Pans Vadous Linens Various Electric Body Massager 2 Holiday Decorations Various Dolls 4 Sectional Sofa 1 Standing Lamp 1 Value Charfane's Herb's Charlie's 200.00 $ 200.00 $ 100.00 $ $100.00 50.00 $ 25.00 $ 25.00 50.00 $ 25.00 $ 25.00 300.00 $ 100.00 $100.00 $ 50.00 100.00 $ 50.00 $ 50.00 60.00 $ 30.00 $ 30.00 40.00 $ 20.00 $ 20.00 100.00 $ 50.00 $ 50.00 10.00 $ 10.00 $ 200.00 $ 100.00 $100.00 50.00 $ 25.00 $ 25.00 60.00 $ 30.00 $ 30.00 50.00 $ $ 50.00 5.00 $ 40.00 $ 10.00 50.00 $ 50.00 $ 200.00 $ 150.00 $ 50.00 $ $ Sold 40.00 $ 20.00 $ 20.00 50.00 $ 25.00 $ 25.00 50.00 $ 25.00 $ 25.00 10.00 $ 5.00 $ 5.00 200.00 $ 200.00 $ 100.00 $ 100.00 $ 100.00 $ $100.00 10.00 $ $ 10.00 2,185.00 $ 1,280.00 $850.00 $ 50.00 pLAINTIFF'S EXHIBIT Item Quantity Bedroom Sets 2 Mattresses and Box Spdngs Frames Dressers Entertainment Center Night Table Mirror Dining Room Table and Chairs 1 End Table 1 Coffee Table 1 Lamps Vadous Arts and Crofts All Pictures Her's Decorations All Christmas All Holloween All Mardie Gms All Easter All Lap Top Computer 1 Printer 1 Freezer 1 Televisions 2 VCR 1 DVD Player 1 Videos Various Cassette Tapes Various Linens Various Sheets Various Towels Various Quilts Various MicroWave 1 Pots and Pans Various Dishes Various Knives and Forks Various Tools Various Coffee Pot 1 Toaster 1 Toaster Oven 1 Crock Pot 1 Vacuum Cleaner 1 Bold is Joint Marital Property Property in Storage Value Chartene's $ $ VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4909 relating to unsworn falsification to authorities. Herbert C. Swanson, Jr., Plaintiff HERBERT C. SWANSON, Plaintiff VS. CHARLENE J. SWANSON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : 1N DIVORCE : : NO. 02-789 CIVIL TERM ORDER OF COURT AND NOW this ~_~day of~, 2003, upon presentation and consideration of the within Motion for Continuance, the hearing previously scheduled in this matter for Wednesday, December 17, 2003, at 3:00 p.m. is hereby continued to ~7',/b~,J.~ , the ~Robert E. Rains, Esquire Attorney for Defendant O'~rian C. Bornman, Esquire Attorney for Plaintiff Cc~ BY THE COURT, HERBERT C. SWANSON, Plaintiff VS. CHARLENE J. SWANSON, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : IN DIVORCE : : NO. 02-789 CIVIL TERM MOTION FOR CONTINUANCE AND NOW, comes Respondent, Herbert Swanson, by and through his counsel, Brian C. Bomman, Esquire, and petitions the Court as follows: 1. On October 6, 2003, Defendant in the above-captioned case filed a Petition under §3323(f) of the Divorce Code and Pennsylvania Rules of Civil Procedure 1920.43 for a Rule to Show Cause why Respondent should not be compelled to account for and return Petitioner's non-marital personal property and make restitution for any items that Respondent has disposed or diminished in value. 2. On or about November 30, 2003, Plaintiff received notice from Attorney Thomas S. Diehl that he was leaving the private practice of law and that Plaintiff would need to seek other counsel. 3. On or about December 12, 2003, Plaintiff had a conference with Griffie & Associates, and at that time retained this firm to represent him. 4. On or about December 12, 2003, Attorney Brian C. Bornman of Griffie & Associates contacted Robert E. Rains, Esquire and Michael Parker, Certified Legal Intern of the Family Law Clinic, counsel for Defendant. At that time, Attorney Rains concurred with the granting of a Motion for Continuance of this matter provided that Plaintiff provides access to Defendant of a storage unit rented in Plaintiff's name containing certain items of personal property from the marriage. 5. Plaintiff has authorized Griffie & Associates to provide such permission as is necessary to allow Defendant to access the above-mentioned storage unit. 6. Attorney Brian C. Bornman of Griffie & Associates was previously scheduled for a hearing before the Honorable Judge Edward E. Guido on December 17, 2003, and that hearing shall conflict with the hearing scheduled in this matter. 7. Attorney Rains of the Family Law Clinic advised that, as the law students working on this matter will be away from the law school over winter recess, rescheduling this hearing to Mid-January would be most convenient for the Family Law Clinic. WHEREFORE, Respondent requests that this Honorable Court continue the hearing scheduled for December 17, 2003, at 3:00 p.m. until some time in mid-January, 2004. Respectfully submitted, Da~e Brian C. Bornman, Esquire Attorney for Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document 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 falsifications to authorities. DATE: HERBERT C. SWANSON, Plaintiff VS, CHARLENE J. SWANSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : IN DIVORCE : : NO. 02-789 CIVIL TERM ,CERTIFICATE OF SERVICE I, Brian C. Bornman, Esquire, hereby certify that I did, the /~fday of December, 2003, cause a copy of Plaintiff's Motion for Continuance to be served upon Defendant's attorney of record by facsimile and first class mail, postage prepaid at the following addresses: Robert E. Rains, Esquire Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 DATE: B~an C Bornman, Esquire Attorney for Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717)243 -5551 (800)347-5552 HERBERT C. SWANSON, Plaimiff VS. CHARLENE J. SWANSON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 02-789 CIVIL TERM : : IN DIVORCE PRAECIPE TO THE PROTHONOTARY: Please withdraw my appearance on behalf of the above captioned Plaintiff, Herbert C. Swanson. DATE: Thomas S O~ehl, Esquire Please enter my appearance on behalf of the above captioned Plaintiff, Herbert C. Swanson. DATE: Briafi~. B~rrmian, Esqmre GRIFFIE & ASSOCIATES 200 N. Hanover Street Carlisle, PA 17013 (717) 243-5551 HERBERT C. SWANSON, Plaintiff CHARLENE J. SWANSON, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 02-789 CIVIL TERM : IN DIVORCE CERTIFICATE OF SERVICE I, Brian C. Bomman, Esquire, hereby certify that I did, the / .fi~.~ day of December, 2003, cause a copy of the Praecipe to Withdraw and Enter Appearance to be served upon Defendant's attorney of record by first class mail, postage prepaid at the following address: Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 DATE: Brian C. Bomman, Esquire Attorney for Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717)243-5551 (800)347-5552 HERBERT C. SWANSON, Plaintiff VS. CHARLENE J. SWANSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, DOMESTIC RELATIONS SECTION DOCKET NO. 02-789 CIVIL : PACSES NO. 046105310 : IN SUPPORT PRAECIPE TO THE PROTHONOTARY: Please withdraw my appearance on behalf of the above captioned Plaintiff, Herbert C. Swanson. Ttr6mas SJDiehl, Esquire Please enter my appearance on behalf of the above captioned Plaintiff, Herbert C. Swanson. DATE: GRIFFIE & ASSOCIATES 200 N. Hanover Street Carlisle, PA 17013 (717) 243-5551 HERBERT C. SWANSON, Plaintiff V. CHARLENE J. SWANSON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : DOMESTIC R-ELATIONS SECTION : : DOCKET #: 021-789 CIVIL : PACSES CASE #: 046105310 : IN SUPPORT CERTIFICATE OF SERVICE I, Brian C. Bomman, Esquire, hereby certify that I did, the [7 day of December, 2003, cause a copy of the Praecipe to Withdraw and Enter Appearance to be served upon Defendant's attorney of record by first class mail, postage prepaid at the following address: Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 DATE: Brian C. Bomman, Esquire .4ttorney for Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717)243-5551 (800)347-5552 HERBERT C. SWANSON, JR., Plaintiff/Respondent VS. CHARLENE J- SWANSON, Defendant/Petitioner : CIVIL ACTION - IHVORCE : NO. 2002-789 CIVIL TERM : IN DIVORCE : Pacses# 046105310 IN THE COURT OF coMMON PLEAS OF cUMBERLAND cOUNTY, PENNSYLVANIA ORDER OF COURT. AND NOW, this 27th day of January, 2004, 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. Shaddav on Februar~ 17~ 2004 at 10:30 A.M.. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, 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: - 's as filed (1) a true copy of your most recent Federal Income Tax Return, mcludmg W 2 (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© (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, George E. Hoffer, President Judge Mail copies on Petitioner 1-29-04 to: <Respondent Ann MacDonald-Fox, Esquire Date of Order: January 27, 2004 $' ~i Confe~er 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 170 l 3 (717) 249-3166 CC361 HERBERT C. SWANSON, Plaintiff CHARLENE J. SWANSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION- LAW : NO. 02-0789 CIVIL TERM 1N RE: PETITION UNDER §3323(f) OF THE DIVORCE CODE AND PA. R.C.P. 1920.43 ORDER OF COURT AND NOW, this 2nd day of March, 2004, upon consideration of the attached letter from the Family Law Clinic, attorney for Defendant, the hearing previously scheduled for March 4, 2004, is cancelled. Brian Bomman, Esq. 714 Bridge Street New Cmberland, PA 17070 Attorney for Plaintiff BY THE COURT, Christine M. Olexa Certified Legal Intern Thomas M. Place, Esq. Robert E. Rains, Esq. Lucy Johnston-Walsh, Esq. Anne MacDonald-Fox, Esq. Supervising Attorneys Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 Attorneys for Defendant .5~_ d3 o'-/ :rc ID: MRR 01'04 FAMILY ] ,AW CLINIC A ~o~vio010 file c~mmlltlily ~ alu~enl~ from Thy Di~:kimon ~l~hoo! of Law orThc Penmylvani~ grate Univer~ity 17:47 No.OO9 P.02 45 Not~ Pi~ (TF/) 24~-2~a M~,~ch 1, 2004 VIA FACSIMILE "lac Honorable J. Wesley Oler, Jr. Cumberland County Courthouse I Courthouse Square Carlisle, PA 17013 Re: Swanson v. Swanson 02-789 Civil Term Dear Judge Olcr: I am writing m confirm that in the case listed above, Brian Bomman, Esquire, counsel for Herbert Swanson and thc Family Law Clinic, counsel for Charlene Swanson, agree to the cancellation of the hearing fur Rule tv Shuw Cause, which is scheduled for Thursday, March 4, 2004 at 9:30 a.m. before you. The parties are in the process of executing a divorce settlement agreement. Thank you. Sincerely, Christine M. Olexa Certified Legal lntem cc. Charlene Swanson Brian Bomman, Esquire The Dickinson School of Law n. ~..t o~.,my u.i,~,i,y HERBERT C. SWANSON, Plaintiff VS. CHARLENE J. SWANSON, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : IN DIVORCE : : NO. 02-789 CIV1L TERM AFFIDAVIT OF CONSENT,. 1. A Complaint in Divorce under §3301 (c) of the Divorce Code was filed on February 13, 2002, and served on February 14, 2002. 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 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. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. CHA*RLENE J. SW~lqSON, Defendant HERBERT C. SWANSON, Plaintiff VS. CHARLENE J. SWANSON, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : IN DIVORCE : : NO. 02-789 CIVIL TERM WAIVER OF NOTICE OF INTENTION TO REQUEST THE ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI 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 THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. CHPtl3,LENE j. SWAlq't3ON, Defendant HERBERT C. SWANSON, : Plaintiff : CHARLENE J. SWANSON, : Defendant : THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02 789 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this ~3/~ day of ~~ , 2003, the economic claims raised in the proceedings having been resolved in accordance with a separation and property settlement agreement dated March 11, 2004, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, CC: Brian C. Bornman Attorney for Plaintiff Family Law Clinic Attorney for Defendant SEPARATION AND PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this 1] 7'~ day of / ~rr ]~ ,2004, by and between HERBERT C. SWANSON, of Ohio, party of the first part, hereinafter referred to as"Husban&" AND CHARLENE J. SWANSON, of Georgia, party of the second part, hereinafter referred to as "~//fe," WITNESSETH: WHEREAS, the parties hereto are husband and wife, having been married on July 26, 1991, in Gulfport, Harrison County, Mississippi. WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart, and the parties hereto are desirous of settling their respective financial rights and obligations as between each other, and to finally and for all time to settle and determine their respective property and other fights growing out of their marital relations; and wish to enter into this Separation and Property Settlement Agreement; WHEREAS, both and each of the parties hereto have had the opportunity to be advised of their legal rights and the implications of this Agreement and the legal consequences which may and will ensue from the execution hereof; WHEREAS, Wife aclmowledges that she has had the opportunity to be thoroughly conversant with and know accurately the size, degree, and extent of the estate and income of --Page 1 of J5-- Husband and Husband acknowledges that he has had the opportunity to be thoroughly conversaut with and lmo~'accurately the size, degree, and extent of the estate and income of Wife; and NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth which are hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenants and agree as follows: Advise of Counsel: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Brian C. Bornman, Esquire, for Husband and Dickinson Family Law Clinic for Wife. The parties acknowledge that they have received independent legal advice from counsel of their own selection and that they fully understand the facts and have been fully informed as to their legal rights and obligations and they acknowledge and accept that this Agreement is, in the circumstance, fair and equitabl~ and that it is being entered into freely and voluntarily after having received such advice and with such knowledge that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements and the parties hereto state that he/she, in the procurement and execution of this Agreement, has not been subject to any fraud, concealment, overreaching, imposition, coercion, of other unfair dealing on the part of the other, or on the part of the other's counsel. l;garranty of Disclosure: The parties warrant and represent that they have made a --Page 2 of 15-- full disclosure of all assets and their valuation prior to the execution of this Agreement. This disclosure was in the form of aninformal exchange of information by the parties but also reflects the fact that the parties had personal knowledge before their separation of their various assets and debts all of which for the basis of this Agreement between the parties. Personal Rights and Separation: Wife and Husband may and shall, at all times hereafter, live separate and part. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as if they were unmarried. They may reside at such place or places as they may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Wife and Husband shall not molest, harass, disturb, nor malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit nor dwell by any means or in any manner whatsoever with him or her. Agreement not a Bar to Divorce Proceedings: This Agreement shall not be considered to affect or bar the right of Wife or Husband to a limited or absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the party of the other party which may have occasioned the disputes or unhappy differences which have occurred prior to or --Page 3 of lS-- which may occur subsequent to the date hereof. The parties intend to secure a mutual consent, no-fault divorce pursuant to the terms of §3301(c) of the Divorce Code of 1980. Agreement to be Incorporated in Divorce Decree: The parties agree that the terms of this Agreement may be incorporated into any divorce decree which may be entered with respect to them. Notwithstanding such incorporation, this Agreement shall not be merged in the decree, but shall survive the same and shall be binding and conclusive on the parties for all time. Date o£Execution: The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. Personal Property: Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and other personal property. Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever abandon --Page 4 of 15-- whatever claims, if any, he or she may have with respect to the above items which shall become the sole and separate property of the other, with full power to him or her to dispose of the san~e as fully and effectually, as though he or she were unmarried. Marital Debt: Each party hereby con~l-nls that they have not incurred any additional debt since their separation that has in any way obligated the other party. Neither party Will take any action to incur additional debt of any nature whatsoever in the other party's name from the date of execution of this Agreement forward. In addition, though, the parties are joint obligors on various credit card debts and medical bills as set forth hereinafter: American Express card Chase NA credit card Citi Card credit card First USA Bank credit card Golfport VA credit card MBNA American credit card medical bills $4,451.00 $2,606.00 $1,214.00 $7,339.00 $2,313.00 $11,974.00 $1,000.00 The above debts were marital debts as of the time of separation. Husband shall be solely and exclusively responsible and liable for repayment of the above referenced debts and shall indenmify and hold Wife harmless from and against any and all demands for payment or collection activity. Bank Accounts: For the mutual promises and covenants contained in this Agreement, Husband and Wife hereby waive all right, title, claim or interest they may have by equitable distribution in their respective bank accounts, checking or --Page 5 of J5-- 10. 11. a.) b.) 12. savings, if any, and each party waives against the other any duty of accounting for disposition of any jointly held funds~ After-Acquired Personal PropertF: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible or intangible, hereafter acquired by him or her, with full power, in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. Motor Vehicles: With respect to the motor vehicles owned by one or both parties, the parties agree as follows: At the time of execution of this Agreement, it is acknowledged that Wife is in possession of the parties' 1998 Ford Contor, which is titled in Husband's name. Husband shall execute a limited Power of Attorney in favor of Wife's counsel, which will permit her counsel to transfer the title to Wife's name. Wife, through counsel, shall immediately, upon receipt, transfer the title from Husband's name and to Wife's name individually, or with any third parties Wife may choose, exclusive of Husband. Wife hereby waives and right to any vehicles title or in possession of Husband with the exception of the 1998 Ford Contour noted in the above paragraph. All vehicles titled or possessed by Husband shall remain his sole property. Husband shall make a lump sum payout on the amount of TEN THOUSAND AND --Page 6 of 15-- 13. 14. XX/]O0 ($10,000.00) DOLLARS to Wife within sixty (60) days of the execution of this Agreement by Wife. The ~grties acknowledge that Husband shall obtain the funds for this payout from his retirement account and he shall initiate this withdraw immediately upon the execution of this Agreement. Upon receipt of the withdraw from his retirement account in tbe amount of $10,000.00, Husband shall immediately forward this payment through counsel, which shall not occur no later than sixty (60) days from the execution of this Agreement, by Wife, but may occur earlier based upon how quickly the retirement account will disburse the funds. Reciprocal Waivers o£Pension Interests: Husband and Wife agree to waive any and all fight, title, or interest in the other party's Individual Retirement Account(s), Pension(s), Annuities, profit-sharing plans, or other retirement accounts or plans. Warrant~ as to Post Separation and Future OblSzations: Husband and Wife each covenant, warrant, represent and agree that each will now and at all times hereafter save harmless and keep the other party indemnified from all debts, charges and liabilities incurred by the Husband or Wife, respectively. 15. Spousal Support, Alimony, Alimony Pendente Lite, and Spousal Maintenance: a,) Husband hereby waives any right or claims of any nature whatsoever relative to alimony, alimony pendente lite, spousal support, spousal maintenance, counsel fees and expenses against Wife. --Page 7 of 15-- 16. b.) Wife hereby waives any right or claim of any nature whatsoever relative to alimony, aliinony pendente lite, spousal support, spousal maintenance; counsel fees and expenses against Husband. Wife hereby agrees that any Order for alimony pendente lite, spousal support, spousal maintenance, counsel fees or expenses shall inunediately terminate upon the execution of this document. Mutual Releases: Husband and Wife each do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of such other, for all times to come and for all purposes whatsoever, of and from any and all right, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other, or any part thereof, whether arising out of any former acts, contracts, engagements, or liabilities of such other as by way of dower or curtesy, or claims in the nature of dower or curtesy or 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 (a) Pennsylvania, (b) any state, commonwealth or territory of the United States, or (c) any other country, or any rights which either party may have or at any time hereafter have for past, present, or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as --Page 8 of 15-- 17. a,) b.) a result of the marital relation or otherwise, except and only except, ail rights and agreemen~ a~d obligations of whatsoever nature arising or which may hrise under this Agreement or for the breach of any thereo£ It is the intention of Husband and Wife to give to each other by execution of this Agreement a full, complete, and general release with respect to any and all property of any kind or nature, real or personal, or mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. Divorce: Husband has conm~enced an action for divorce against Wife pursuant to §3301(c) of the Divorce Code of Pennsylvania by filing a Complaint in Divorce docketed to No. 2002-789 Civil Term, in the Court of Cornn~on Pleas of Cumberland Cnnnty, Pennsylvania. Both parties shall, at the time of execution of this Agreement, furnish Husband's counsel with signed Affidavits of Consent and a Waivers of Notice of Intention to request the Entry of a Decree in Divorce. It is understood and agreed that the Decree in Divorce issuing from this matter shall incorporate this Agreement. This Agreement represents a complete and final agreement as to their respective property rights which arose from the marital relation and therefore mutually waive any and all rights tbey may have under {}3502, et. of the Pennsylvania Code, Act. No 1980-26. This Agreement may be offered in evidence in the action for divorce and may --Page 9 of 15-- I8. 19. 20. 21. be incorporated by reference in the decree to be granted therein. Notwithstanding such incorporation, this Agreemen~ 5hall riot be merged in the decree, but shall survive the same and shall be binding and conclusive to the rights of all parties. Le,~al Fees: In the review and preparation of this Agreement each party shall bear his or her own legal fees. RemedF /'or Breach: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, either to sue for damages for such breach, in which event the breaching party shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights hereunder, whether through formal court action or negotiations, or to seek such other remedies or relief as may be available to him or her. Equitable Distribution: It is specifically understood and agreed that this Agreement constitutes and equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife or either of them during the marriage as contemplated by The Act of April 2, 1980 (P.L. No. 63, No. 26) known as "The Divorce Code," 23 P.S. 101 et seq. of the Commonwealth of Pennsylvania, and as amended. SummarF o£Effect of Agreement: It is specifically understood and agreed by and between the parties hereto, and each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of the said parties' --Page 10 of 15-- 22. 23. 24. rights against the other for any past, present and future clams on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of each party, including all claims raised by them in the divorce action pending between the parties. Tax Consequences: By this Agreement, the parties have imended to effectuate and by this Agreement have equally divided their marital property. The parties have determined that such equal division conforms to a right and just standard with regard to the rights of each party. The division of existing marital property is not, except as may be otherwise expressly provided herein, intended by the parties to institute or constitute in any way a sale or exchange of assets and the division is being effected without the introduction of outside funds or other property not constituting a party of the marital estate. Mutual Cooperation/Duty to Effectuate Agreement: Each party shall at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. Reconciliation: The parties shall only effectuate a legal reconciliation which supersedes this Agreement by their signed agreement containing a specific statement that they have reconciled and that this Agreement shall be null and void; --Page 11 of 15-- 25. 26. 27. otherwise, this Agreement shall remain in full force and effect. Further, the parties may attempt a reconciliation, which action~ if~mt consummated by the aforesaid agreement, shall not affect in any way the legal affect of this agreement or cause any new marital rights or obligations to accrue. Severability: If any term, condition, clause or provision of this Agreement shall be dete~Tnined or declared to be void or invalid in law or otherwise, then only that term condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect, and operation. Likewise, the failure of any party to meet her or his obligations under any one or more of the paragraphs herein, with exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the parties. No Waiver of Default: This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. Integration: This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. --Page 12 of lS-- 28. 29. 30. 31. a.) b.) There are no representations or warranties other than those expressly set forth herein. This Agreement shall survi~ve integration by any court into afiy judgment for divorce and shall continue to have independent legal significance as a written contract separate from such judgment for divorce and may be enforced as an independent contract. Effect of Divorce Decree: The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. Notices: Any and all notices given hereunder shall be in writing and shall be sent registered mail, return receipt requested: To Husband in care of Griffie & Associates, 200 North Hanover Street, Carlisle, PA 17013. To Wife in care of Dickinson Family Law Clinic, 45 North Pitt Street, Carlisle, PA 17013. Waiver or Modification to be in Writing: No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. Captions: The captions of this Agreement are inserted only as a matter of convenience and for reference and in no way defied, limit or describe the scope and intent of this Agreement, nor in any way effect this Agreement. --Page 13 of ]5-- 32. ~tgreement 3indi~g on Heirs: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executor, administrators, successors and assigns. 33. Governing Law: This Agreements shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 34. Bankrztptv: No obligation created by this Agreement shall be discharged or dischargeable, regardless of federal or state law to the contrary, and each party waives any and all right to assert that any obligation hereunder is discharged or dischargeable. 1N WITNESS WHEREOF, the parties have set forth their hands and seals to two counterparts of this Agreement, each of which shall constitute an original, the day and year first above written. WITNESSES: Date HERBERT,. SWANSON Date CHAltL~NE J. SWANSdI.~[ --Page 14 of 15-- STATE OF OHIO COUNTY OF ~ ~///j?/?~ 7/ ..... On this///~/'4 day of /~)//£d,/~ 2004, before me, the undersigned officer, personally appeared HERBERT C. SWANSON, lmown to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and ackmowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. TERRI MOCI~S Notary Public My Commission E~ims Aug. 5, 2O08 Notary Public STATE OF GEORGIA OU TYO On this ___/Z~ day of .~,~t~./J~/---~ , 2004, before me, the undersigned officer, personally appeared CHARLENE J. SWANSON, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~ N°~.~public --Page 15 of 15-- HERBERT C. SWANSON, Plaintiff VS. CHARLENE J. SWANSON, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 1N DIVORCE NO. 02-789 CIVIL TERM AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301 (c) of the Divorce Code was filed on February 13, 2002, and served on February 14, 2002. 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 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. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: CHA~RLENE J. SW~lqffON, Defendant HERBERT C. SWANSON, Plaintiff VS. CHARLENE J. SWANSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE NO. 02-789 CIVIL TERM .AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under {}3301 (c) of the Divorce Code was filed on February 13, 2002, and served on February 14, 2002. 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 aider service of notice of intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE 1N THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. ERBERT C. SWANSON, Plaintiff HERBERT C. SWANSON, Plaintiff VS. CHARLENE J. SWANSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE NO. 02-789 CIVIL TERM WAIVER OF NOTICE OF INTENTION TO REQUEST '.I'HE ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI 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 THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. HERBERT C SWANSON, Plmnt~ff HERBERT C. SWANSON, Plaintiff CHARLENE J. SWANSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 02-789 CIVIL TERM : 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(c) (Strike out inapplicable section). 2. Date and manner of service of the Complaint: Hand delivery sworn to with an Affidavit of Service on February 14, 2002. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent required by §3301 (c) of the Divorce Code: by Plaintiff: March 11, 2004 by Defendant: March 4, 2004 (b) (1) Date of execution of the affidavit required by §3301 (d) of the Divome Code: (2) Date °f filing and service of the plaintiW s affidavit upon the respondent: 4. Related claims pending: none 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file Praecipe to Transmit record, a copy of which is attached: (b) Date of plaintiff's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: March 19, 2004 Date defendant's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: March 12, 2004 Brian C. Bornman,'L~s'qui~-e GRIFFIE & ASSOCIATES Attorney for Plaintiff IN THE COURT Of COMMON PLEAS STATE OF HERBERT C. SWANSONt OF CUMBERLAND COUNTY ~~ PENNA. Plaintiff VERSUS CHARLENE J. SWANSONr Defendant NO. 02-789 CIVIL TERM DECREE IN DIVORCE AND NOW, DECreed THAT Herbert C. Charlene J. Swanson AND Swanson ,PLAINTIFF, ,DEFENDANT, ARE DIVORCED FROM The BONDS OF MATRIMONY, THE COURT RETAINSJURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YeT BEEN ENTERED; The parties' Separation~and Property Settlement Agreement dated March 11, 2004 is incorporated herein, but not merged. BY THE COURT: ~ ..~/ ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERgAND Date of Order/Notice 04/19/04 Tribunal/Case Number (See Addendum for case summary) Original Order/Notice C) Amended Order/Notice (~ Terminate Order/Notice Employer/Withholder's Federal EIN Number AMETEK SPECIALTY MOTORS 627 LAKE ST KENT OH 44240-2646 RE: SWANSON, ]~ERBERT C. JR Employee/Obligor's Name (Last, First, MI) lS5-32-1786 Employee/Obligor's Social Security Number 1421101084 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 COMBER~i~TD County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 0.00 per month in current support $ 0.00 per month in past-due support Arrears 12 weeks or greater? C) yes (~ no $ 0.00 per month in medical support $ 0.00 per month for genetic test costs $ per month in other (specify) for a total of $ 0. O0 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, oo per weekly pay period. $ 0.00 per biweekly pay period (every two weeks). $ o. Qo per semimonthly pay period (twice a month). $ o. 00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #10 on pg. 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PA YMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obllgor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. ~HE COUJ~T: /~ Date of Order:~,~)~ ~-~'~'~/ /./~ Service Type M Form EN-028 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDER [] I,f. heck you are requ red. topr videa opyofthisformto ~ S d~l~enren~e~lr~m the state that rssuPe~l°this o~lC~r, a cony must be ~Yr°(U(~?~!~°Yl'e' If yo r employe~ works in.a state tha is ,-, ~, ovl ..... your employee even ff the box is not ch~e~tked. 1. We appreciate the voluntary compliance of Federally recognized indian tribes, triballly-owned businesses, and Indian-owned businesses located on a reservation that choose to withhold in accordance with this notice. 2. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 3. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligoc 4 .... ~, ...... ~ ...... r,,a~,,~,a,e c., ,;' ~,,ho',diF, · ;'c.u state of the employee's/obligor's .......... ea~plo~'s wag~,~r You must comply with the law of the principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. .5.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #10 below) 6. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. WITHHOLDER'S ID: 5104091610 EMPLOYEE'S/OBLIGOR'SNAME: SWANSON~ H~R~RT C. JR EMPLOYEE'S CASE IDENTIFIER: '1 ~21 10't 08~ DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 7. 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. §. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action aga nst any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 10.* Withholding Limits: You may not withhold more than the lesser of: ~) the amounts allowed by the Federal Consumer Credit Protection Act (1 $ U.S.C. §1673 (b)l; 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. 11. 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. Submitted By: DOMESTIC RELATIONS SECTION '1,3 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 .(Z17) 240-6225 or by FAX at -~;~._4..~ or by intemet www.ohildsupport.state.pa.us Service Type M Page 2 of 2 Form EN-028 OMB No.: 0970.0154 Worker ID $IATT In the Court of Common Pleas of CUMBERLANO County, Pennsylvania DOMESTIC RELATIONS SECTION CHARLENE J. SWANSON Plaintiff vs. HERBERT C. SWANSON JR Defendant ) Docket Number ) ) PACSF~I Case Number ) ) Other State ID Number 02-789 CIVIL 046105310 ORDER AND NOW, to wit, on this 19TH DAY OF APRIL, 2004 IT IS HEREBY ORDERED that the APL order in this case be O Vacated or O Suspended or 1~) Terminated without prejudice or O Terminated and Vacated, effective MARCH 11, 20O4 , due to: THE PARTIES' SEPARATION AND PROPERTY SETTLEMENT AGREEMENT OF MARCH 11, 2004. THE APL ACCOUNT IS CLOSED WITH A CREDIT OF $1172 '~ DRO: RJ Shadday xc: plaintiff defendant Anne MacDonald Fox, Esquire Bradley Griffie, Esquire Service Type M BY THE cgURT: ,/ J ~e~le~y 91er,~-G~. ~ JUDGE Form OE-504 Worker ID 21005