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HomeMy WebLinkAbout05-29201XIient Directory\Cox-R\Pleadings\Divorce Pleadings\Divorce Connplaintwpd June 1, 2005 MARIA P. COGNETTI & ASSOCIATES KRISTOPHER T. SMULL, ESQUIRE Attorney I.D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff RHONDA A. COX, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. US-a9?U l?lui(?v? JIMMY E. COX, : CIVIL ACTION - LAW Defendant : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the 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. 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 office of the Prothonotary at the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 1AClient Directory\Cox-R\Pleadings\Divorce Pleadings\Divorce Complaint.wpd June I, 2005 MARIA P. COGNETTI & ASSOCIATES KRISTOPHER T. SMULL, ESQUIRE Attorney I.D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff RHONDA A. COX, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. ?s - a92d (21-U JIMMY E. COX, : CIVIL ACTION - LAW Defendant : IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, Rhonda A. Cox, by and through her attorney, Kristopher T. Small, Esquire, and with him Maria P. Cognetti & Associates, with this Complaint in Divorce, of which the following is a statement: Plaintiff is Rhonda A. Cox, an adult individual, who has resided at 81 Appalachian Drive, Carlisle, Cumberland County, Pennsylvania 17013, since 2000. 2. Defendant is Jimmy E. Cox, an adult individual, who has resided at 81 Appalachian Drive, Carlisle, Cumberland County, Pennsylvania 17013, since 2000. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on December 29, 2000 at the Cumberland County Courthouse in Carlisle, Pennsylvania. I:\Client Directory\Cox-R\Pleadings\Divorce Pleadings\Divorce Complaint.wpd June I, 2005 There have been no prior actions of divorce or for annulment between the parties. Neither of the parties in this action is presently a member of the Armed Forces. The Plaintiff and Defendant are both citizens of the United States. 8. Plaintiff has been advised of the availability of marriage counseling and that she may have the right to request the Court to require the parties to participate in such counseling. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a divorce decree being handed down by the Court. 9. Plaintiff avers that there are no children of the parties under the age of eighteen (18). COUNT I - DIVORCE 10. The Plaintiff avers that the grounds on which the action is based are as follows: That the marriage is irretrievably broken. COUNT II - EQUITABLE DISTRIBUTION 11. During the marriage, Plaintiff and Defendant have acquired various items of marital property, both real and personal, which are subject to equitable distribution under Chapter 35 of the Divorce Code. 1XIient Directory\Cox-R\Pleadings\Divorce Pleadings\Divorce Complanumi l COUNT III - ALIMONY ALIMONY PENDENTE LITE ATTORNEY'S FEES AND COSTS 12. Plaintiff lacks sufficient property to provide for her reasonable needs. 13. Plaintiff is unable to sufficiently support herself through appropriate employment. June 1, 2005 14. Defendant has sufficient income and assets to provide continuing support for the Plaintiff. 15. By reason of this action, Plaintiff will be put to considerable expense in the preparation of her case in the employment of counsel and the payment of costs. 16. The Plaintiff is without sufficient funds to support herself and to meet the costs and expenses of this litigation and is unable to appropriately maintain herself during the pendency of this action. 17. Plaintiffs income is not sufficient to provide for her reasonable needs and pay her attorney's fees and the costs of this litigation. 18. Defendant has adequate earnings to provide for the Plaintiffs support and to pay her counsel fees, costs and expenses. WHEREFORE, Plaintiff requests this Honorable Court: (a) Enter a Decree in Divorce; (b) Equitably distribute all property, both personal and real, owned by the parties; (c) Compel the Defendant to pay alimony pendente lite to Plaintiff, (d) Grant Plaintiff attorney's fees and costs; C\Client Directory\Cox-R\Pleadings\Divorce Pleadings\Divorce Complaint.wpd June 1, 2005 (e) Compel the Defendant to pay post-divorce alimony to the Plaintiff, and (fl Grant such further relief as the Court may deem equitable and just. Respectfully Submitted: Date: June 1, 2005 MARIA P. COGNETTI & ASSOCIATES By: KRI TO R aTSMULL, 4QUIRE Attorney I.D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff VERIFICATION I, Rhonda A. Cox, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn verification to authorities. Date: 6N6 Rhonda A. Co -a Q Q Q jz? Cn r.,. -'.J n CJ 'ls ?-' N J m co .`X7 !IV I:\Client Directory\Co%-R\Pleadings\Divorce Pleadings\aff of servicempd MARIA P. COGNETTI & ASSOCIATES KRISTOPHER T. SMULL, ESQUIRE Attorney I.D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 June 23, 2005 Attorneys for Plaintiff RHONDA A. COX, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 05-2920 CIVIL TERM JIMMY E. COX, : CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF SERVICE I, KRISTOPHER T. SMULL, ESQUIRE, do hereby certify that a true and correct copy of the Divorce Complaint was served upon the Defendant by certified mail, restricted delivery, return receipt requested, on the 21st day of June, 2005. The original signed return receipt, number 7002 0510 0000 5688 3359, is attached hereto and made a part hereof. Respectfully Submitted: MARIA P. CO ?ETTI & ASSOCIATES c Date: June 23, 2005 By: KRIS OP . S LL, ESQUIRE Attorney I.D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff SENDER: • Complete items 7 and/or 2 for ar)tlitlonal services. I also wish to receive the • • Complete hems 3, 4a, and 4b. following services (for an • Print your name and address on the reverse of this form so that we can return this extra fee): card to yyou. • Attach ttlis form to the front of the mailpieca, or on the back it space does nor 1. ? Addressee's Address ppamen. • Wlhe Wer R on the le below the arn 2 ?eStrlCted Delivery Z e Receipt • The Return Receipt will show show t to whom the article Was delivered and d the date the date delivered. Consult postmaster for fee. S, 3. Article Addressed to: - n? Aainlc N nmhcr ' Yy --- //?- ?/•y?? 7002 0510 013013 5688 3359 4b. Service Type ? J?m rE +I? m [r • ? ? e L 8 Registered CertNled r 1 /Y{?{?L iUC %11 (J( ress Mail ? Insured g eturn Receipt for Merchandise ? COD ?.C.??l,f le! A 7. Date of -Delivery C a 5. Received B r t )Vame) 8. Addre sae's Address (Only N requested - Y and fee is pain) 8. Signature: ( dressee orAgent) X 2 PS Form 3811, December 1994 102595-9e-e-0229 Domestic Return Receint CERTIFICATE OF SERVICE I, Kristopher T. Smull, Esquire, Attorney for Plaintiff herein, do hereby certify that on this date I served the foregoing document by depositing a true and exact copy thereof in the United States mail, first class, postage prepaid, addressed as follows: Mr. Jimmy E. Cox 81 Appalachian Drive Carlisle, PA 17013 Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES Date: June 23, 2005 By: A - ?6 A J) KRIS PHER SMULL, ESQUIRE Attorney I.D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff c? n :? -,? 4 ? .-1 'V ll% n ?f? i? __ C?i r {rJ r, C?-' ---_? • } ?. y G t -? ?,? RHONDA A. COX, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 2005 - 2920 CIVIL TERM JIMMY E. COX, IN DIVORCE Defendant/Respondent PACSES# 789107591 ORDER OF COURT AND NOW, this 8th day of September, 2005, based upon the Court's determination that Petitioner's monthly net income/earning capacity is $1333.93 and Respondent's monthly net income/earning capacity is $3460.97, it is hereby Ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit, $741.33 per month payable monthly as follows; $556.00 for alimony pendente lite and $185.33 on arrears. First payment due next pay date. Arrears set at $2224.00 as of September 8, 2005 . The effective date of the order is June 7, 2005. 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:. 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. cc360 Unreimbursed medical expenses that exceed $250.00 annually are to be paid as follows: 0% by Respondent and 100% by Petitioner. The Petitioner is responsible to pay the first $250.00 annually in unreimbursed medical expenses. Respondent to provide medical insurance coverage. Within thirty (30) days after the entry of this Order, the Respondent shall submit to Petitioner written proof that medical insurance coverage has been obtained or that application for coverage has been made. Proof of coverage shall consist, at minimum, of. 1) the name of the health care coverage provider(s); 2) any applicable identification numbers; 3) any cards evidencing coverage; 4) the address to which claims should be made; 5) a description of any restrictions on usage, such as prior approval for hospital admissions, and the manner of obtaining approval; 6) a copy of the benefit booklet or coverage contract; 7) a description of all deductibles and co-payments; and 8) five copies of any claim forms. This Order 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. This order considers that the defendant has a child support obligation of $600.00 per month, mortgage expenses on the marital home and the length of marriage. Consented: Petitioner Respondent Petitioner's Attorney Respondent's Attorney BY TH URT, Edward E. Gudio, Judge DRO: R. J. Shadday Mailed copies on: Petitioner September S, 2005 Respondent Kristopher Smell, Esq. ?, ? ?? - } c "' ,;: . 4 -? ?' ,.. _'? ?: ?J, . l 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 Defendant Name: JIMMY E. Cox Member ID Number: 3564100635 Please note: All correspondence must include the Member In Nmnber. MODIFIED ORDER OF ATTACHMENT OF UNEMPLOYMENT BENEFITS Financial Break Down of Multip le Cases on Attachment PACSFS Plaintiff Name Case Number Docket Number Attachment AmounUFreouencv BARBARA A. COX 310102724 00885 S 2000 $ 700.00 /MONTH RHONDA A. COX 789107591 05-2920 CIVIL $ 741.33 ZMONrH / J TOTAL ATTACHMENT AMOUNT: $ 1,441.33 Now, by Order of this Court, the Department of Labor and Industry, Bureau of Unemployment Compensation Benefits and Allowances (BUCBA), is hereby directed to attach the lesser of $ 332.61 per week, or 55.0 %, of the Unemployment Compensation benefits otherwise payable to the Defendant, JIMMY E. COX Social Security Number 226-23-7507 , Member ID Number 3564100635 . BUCBA is ordered to remit the amount attached to the Department of Public Welfare (DPW). DPW shall forward the amount received from BUCBA to the Domestic Relations Section of this Court for support and/or support arrearages. If the Defendant's Unemployment Compensation benefits are attached by another Court or Courts for support and/or support arrearage, DPW may reduce the amount attached under this Order so that the total amount attached does not exceed the maximum amount subject to garnishment pursuant to 15 U.S.C. § 1673(b)(2) and 23 Pa. C.S. § 4348(g). This Order shall be effective upon receipt of the notice of the Order by the BUCBA and shall remain in effect until the Defendant's entitlement to Unemployment Compensation benefits, under the Application for Benefits dated DECEMBER 5, 2004 is exhausted, expired or deferred. BUCBA shall comply with this Order, unless it is amended or vacated by subsequent Order of this Court. All questions, challenges or obligations to this Order shall be directed to the Domestic Relations Section of this Court. BY THE COURT Date of Order: SEf 0 0 2305 Service Type M JUDGE Form EN-034 Worker ID $IATT J'A 7A J? d ?I ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dirt, of CUMBERLAND Date of Order/Notice 09/08/05 Case Number (See Addendum for case summary) EmployeUWithholder's Federal EIN Number ROADWAY EXPRESS INC* PO BOX 471 AKRON OH 44309-0471 226-23-7507 Employee/Obligor's Social Security Number 3564100635 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, Mp 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, 156.00 per month in current support $ 285.33 per month in past-due support Arrears 12 weeks or greater? ®yes Q no $ 0.00 per month in current and past-due medical support $ 0.00 per month for genetic test costs $ per month in other (specify) for a total of $ 1, 441.33 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: $ 332.61 per weekly pay period. $ 665.23 per biweekly pay period (every two weeks). $ 720.67 per semimonthly pay period (twice a month), $ 1.441.33 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. Date of Order: SEP 0 u 2005 Service Type m ,3101 U : -7,?4 8W5 5 G'U 7817 I C7 l o5 - ? <I, 20 Ct/ O Original Order/Notice O Amended Order/Notice O Terminate Order/Notice RE: COX, JIMMY E. Employee/Obligor's Name (Last, First, MI) BY THE COURT: ?,.•??- Form EN-028 OMB N0.: D970 07 54 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? If hecked you are required to provide a Gopy of this form to your employee. If yo r employee works in a state that is di rent from the state that issued this order, a copy must be provioeo to your employee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.*-Reportingthe aydate/?withholclmg -Th is rova }ogee`s-wager. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 3404926700 EMPLOYEE'S/OBLIGOR'S NAME: COX, JIMMY E. EMPLOYEE'S CASE IDENTIFIER: 3564100635 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6, Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Antidiscrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Ad (15 U.S.C. §1673 (b)1; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. For tribal orders, you may not withhold more than the amounts allowed under the law of the issuing tribe. For tribal employers who receive a state order, you may not withhold more than the amounts allowed under the law of the state that issued the order. 10. Additional Info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. I (.Submitted By: If you or your employee/obligor have any questions, DOMESTIC RELATIONS SECTION contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST by telephone at (717) 240-6225 or P.O. BOX 320 by FAX at (717) 240-6248 or CARLISLE PA 17013 by internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Service Type M oMBNo.:0970-0154 Worker lD $1ATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: Cox, JIMMY E. PACSES Case Number 310102724 Plaintiff Name BARBARA A. COX Docket Attachment Amount 00885 S 2000 $ 700.00 Child(ren)'s Name(s): DOB JONATHAN Z. COX 05./.02/91 PACSES Case Number 789107591 Plaintiff Name RHONDA A. COX Docket Attachment Amount 05-2920 CIVIL$ 741.33 Child(ren)> Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ?lf checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. ? If checked, you are required to enroll the child(ren) ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available identified above in any health insurance coverage available through the employee's/obligor's employment. through the employee's/obligor's employment. Addendum Form EN-028 Worker ID $IATT Service Type M OMB No.: 09)0.0154 ??'???' 1`Y L J ? ??? Kl ? ? -Tl ? ? ? r l ? ? `U ' ?C5-C...i Y ?fl q?,?, __ ? - (,??:? . ,.. ..:15"1 f -1 .? © ".a: .-?' 1XIient Directory\Cox-R\Pleadings\Suppon Pleadings\Suppon Appealmpd September 14, 2005 MARIA P. COGNETTI & ASSOCIATES KRISTOPHER T. SMULL, ESQUIRE Attorney I.D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff/Petitioner RHONDA A. COX Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. JIMMY E. COX, Defendant/Respondent CIVIL ACTION - DIVORCE NO. 2005-2920 CIVIL TERM IN DIVORCE PACSES# 789107591 DEMAND FOR HEARING DATE OF ORDER: September 8, 2005 AMOUNT: $741.33 ($556.00 basic and $185.33 on arrears) FOR: Alimony Pendente Lite REASON(S): 1. Hearing Officer erred in her calculation of Husband's net monthly income. 2. Hearing Officer erred in failing to attribute to Husband any additional income. 3. Hearing Officer erred in the granting of a deviation to Husband from the guideline amount and in her reasons for said deviation. PARTY FILING DEMAND FOR HEARING PLAINTIFF/PETITIONER Date: September 14, 2005 KRISTO R T. SMULL, QUIRE Attorney I.D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff/Petitioner D 0 C p C G w C .) of G In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION RHONDA A. COX Docket Number 05-2920 CIVIL Plaintiff ) VS. ) PACSES Case Number 789107591 JIMMY E. COX Defendant ) Other State ID Number ORDER OF COURT You, RHONDA A. COX plaintiff/defendant of are ordered to appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA, 17013-3014-13 before a hearing officer of the Domestic Relations Section, on the OCTOBER 12, 2005 at 1:30PM for a hearing. You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2, your pay stubs for the preceding six (6) months, 3. verification of child care expenses, and 4, proof of medical coverage which you may have, or may have available to you 5, information relating to professional licenses 6. other: Form CM-509 Service Type M Worker ID 21302 Cox V. Cox PACSES Case Number: 789107591 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest or enter an order in your absence. If paternity is an issue, the court may enter an order establishing paternity. The appropriate court officer may enter an order against either party based upon the evidence presented without regard to which party initiated the support action. BY THE COURT: Date of Order: ?- S v 1 JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 240-622-9 . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Page 2 of 2 Form CM-509 Service Type M Worker ID 21302 m E s J w°- a I`i ? LLJ t, N In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION RHONDA A. COX ) Docket Number 05-2920 CIVIL Plaintiff ) vs. ) PACSES Case Number 789107591 JIMMY E. COX ) Defendant ) Other State ID Number ORDER OF COURT You, JIMMY E. COX plaintiff/defendant of 81 APPALACHIAN DR, CARLISLE, PA. 17013-8515-81 are ordered to appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 before a hearing officer of the Domestic Relations Section, on the OCTOBER 12, 2005 at 1:30PM for a hearing. You are further required to bring to the hearing: I . 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 21302 Cox V. Cox PACSES Case Number: 789107591 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: 16 ` oS BY THE COURT: Q M?C L, JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 240-6225 . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Page 2 of 2 Form CM-509 Service Type M Worker ID 21302 RHONDA A. COX, Plaintiff/Petitioner V. JIMMY E. COX., Defend ant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION PACSES NO. 789107591 DOCKET NO. 05-2920 CIVIL INTERIM ORDER OF COURT AND NOW, this 13th day of October, 2005, upon consideration of the Support Master's Report and Recommendation, a copy of which is attached hereto as Exhibit "A", it is ordered and decreed as follows: A. The Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit for transmission to the Plaintiff as alimony pendente lite the sum of $753.00 per month. B. The Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit the additional sum of $47.00 per month on arrearages. C. The effective date of the order is July 5, 2005. IMPORTANT LEGAL NOTICE PARTIES MUST WITHIN SEVEN DAYS INFORM THE DOMESTIC RELATIONS SECTION AND THE OTHER PARTIES, IN WRITING, OF ANY MATERIAL CHANGE IN CIRCUMSTANCES RELEVANT TO THE LEVEL OF SUPPORT OR THE ADMINISTRATION OF THE SUPPORT ORDER, INCLUDING, BUT NOT LIMITED TO, LOSS OR CHANGE OF INCOME OR EMPLOYMENT AND CHANGE OF PERSONAL ADDRESS OR CHANGE OF ADDRESS OF ANY CHILD RECEIVING SUPPORT. A PARTY WHO WILLFULLY FAILS TO REPORT A MATERIAL CHANGE IN CIRCUMSTANCES MAY BE ADJUDGED IN CONTEMPT OF COURT AND MAY BE FINED OR IMPRISONED. PENNSYLVANIA LAW PROVIDES THAT ALL SUPPORT ORDERS SHALL BE REVIEWED AT LEAST THREE (3) YEARS IF SUCH A REVIEW IS REQUESTED BY ONE OF THE PARTIES. A MANDATORY INCOME ATTACHMENT WILL ISSUE UNLESS THE DEFENDANT IS NOT IN ARREARS IN PAYMENT IN AN AMOUNT EQUAL TO OR GREATER THAN ONE MONTH'S SUPPORT OBLIGATION AND (1) THE COURT FINDS THAT THERE IS GOOD CAUSE NOT TO REQUIRE IMMEDIATE INCOME WITHHOLDING; OR (2) A WRITTEN AGREEMENT IS jr i REACHED BETWEEN THE PARTIES WHICH PROVIDES FOR AN ALTERNATE ARRANGEMENT. DELINQUENT ARREARAGE BALANCES MAY BE REPORTED TO CREDIT AGENCIES. ON AND AFTER THE DATE IT IS DUE, EACH UNPAID SUPPORT PAYMENT SHALL CONSTITUTE A JUDGMENT AGAINST YOU. IT IS FURTHER ORDERED THAT, UPON PAYOR'S FAILURE TO COMPLY WITH THIS ORDER, PAYOR MAY BE ARRESTED AND BROUGHT BEFORE THE COURT FOR A CONTEMPT HEARING; PAYOR'S WAGES, SALARY, COMMISSION, AND/OR INCOME MAY BE ATTACHED IN ACCORDANCE WITH LAW. The parties are hereby advised that they may file written exceptions to the Support Master's Report and Recommendation within ten (10) days of this order. Exceptions shall conform with the requirements of Rule 1910.12(f), Pa. R.C.P. If written exceptions are filed by any party, the other party may file exceptions within ten (10) days of the date of service of the original exceptions. If no exceptions are filed within ten (10) days of this interim order, this order shall then constitute a final order. Qy C ? t C& Edgar B. Bayley Cc: Rhonda A. Cox Jimmy E. Cox Kristopher T. Smull, Esquire For the Plaintiff DRO RHONDA A. COX, Plaintiff/Petitioner V. JIMMY E. COX., Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION PACSES NO. 789107591 DOCKET NO. 05-2920 CIVIL SUPPORT MASTER'S REPORT AND RECOMMENDATION Following a hearing held before the undersigned Support Master on October 12, 2005 the following report and recommendation are made: FINDINGS OF FACT 1. The Plaintiff is Rhonda A. Cox, who resides in the State of Florida. 2. The Defendant is Jimmy E. Cox, who resides at 81 Appalachian Drive, Carlisle, Pennsylvania. 3. The parties were married on December 29, 2000. 4. The parties separated in early May, 2005. 5. The Plaintiff filed a complaint in divorce on June 7, 2005 which complaint contained a claim for alimony pendente lite. 6. On July 5, 2005 the Plaintiff requested a conference on her alimony pendente lite claim with the Domestic Relations Section. 7. The Plaintiff moved to Florida following the separation. 8. The Plaintiff resides with her two adult children from a prior relationship in a rented apartment. 9. The Plaintiff is employed by the Florida Department of Revenue and has a gross monthly income of $1,756.00. 10. The Plaintiff will file her 2005 federal income tax return as head of household and will claim her daughter as a dependency exemption. 11. The Defendant is employed as a truck driver for Roadway Express. 12. The Defendant has gross weekly income of $1,333.63. EXHIBIT "A" DES ? 13. The Defendant pays union dues of $54.00 per month. 14. The Defendant has a 14 year old son to a prior relationship for whom he pays $600.00 per month in child support. 15. The Defendant will file his 2005 federal income tax return as married/separate. 16.The Defendant is residing in the marital residence and paying a total of $1,454.55 per month on three mortgage liens.' 17. During the marriage the Defendant bought and sold various items through the internet, at swap meets, and at flea markets. 18. The Defendant also sold his personal collection of motorcycle parts, clothing and other personal items through the internet. 19. While the Defendant viewed this practice more as a hobby than as an occupation, for the period of June, 2004 through June, 2005 the Defendant had profit of $1,500.00. 20. The Defendant ceased selling items through the internet in June, 2005. DISCUSSION In Clouse v. Clouse, 50 Cumberland L.J. 167, 170 (2001) the Honorable J. Wesley Oler discussed the law of Pennsylvania as it relates to the subject of alimony pendente lite wherein he stated: The determination of whether to award alimony pendente lite has traditionally been a matter within the sound discretion of the trial court. Litmans v. Litmans, 449 Pa. Superior Ct. 209, 222, 673 A.2d 382, 388 (1996) (citing Murphy v. Murphy, 410 Pa. Superior Ct. 146, 599 A.2d 647 (1991), appeal denied, 530 Pa. 633, 606 A.2d 902 (1992), cert. denied, 506 U.S. 868, 113 S.Ct. 196, 121 L.Ed. 2d 139 (1992)). APL is based on the need of one spouse to have the financial resources to pursue or defend a divorce action. Litmans, supra at 222, 763 A.2d at 388. The claimant must show that APL is needed to adequately preserve his or her rights in the litigation. Sutliff v. Sutliff, 326 Pa. Superior Ct. 496, 500, 474 A.2d 599, 600 (1984), overruled on other grounds, Rosen v. Rosen, 520 Pa. 19, 549 A.2d 561 (1988). In this regard, the Pennsylvania Superior Court has stated that "a spouse seeking alimony pendente lite who has sufficient assets to meet the needs of the pending litigation and who is equally situated with the other spouse to maintain or defend the action, will not be awarded i The home is encumbered by first and second mortgages and a home equity line of credit. alimony pendente lite." Powers v. Powers, 419 Pa. Superior Ct. 464, 467, 615 A.2d 459, 460 (1992). In adjudicating a claim for alimony pendente lite, a court should consider the following factors: "the ability of the other party to pay; the separate estate and income of the petitioning party; and the character, situation, and surroundings of the parties." Litmans, supra. at 224, 673 A.2d at 389. Once entitlement to an award of alimony pendente lite is established, the calculation of the amount of the award is made pursuant to the support guidelines. Little v. Little, 47 Cumberland L.J. 131 (1998). In this case the Plaintiff has demonstrated a need for alimony pendente lite and the ability of the Defendant to pay it. A guideline calculation will be performed. The Plaintiff has gross monthly earnings of $1,756.00. Filing her 2005 federal income tax return as head of household and claiming her daughter as a dependency exemption, she has net monthly income for support purposes of $1,560.00.2 There was considerable testimony concerning the Defendant's selling of property through the internet. The Plaintiff argues that money received from this source should be included as income for support purposes. "Income" is defined in 23 Pa. C.S.A. Section 4302 as follows: "Income." Includes compensation for services, including, but not limited to, wages, salaries, bonuses, fees, compensation in kind, commissions and similar items; income derived from business; gains derived from dealings in properties; interest; rents; royalties; dividends; annuities; income from life insurance and endowment contracts; all forms of retirement; pensions; income from discharge of indebtedness; distributive share of partnership gross income; income in respect of a decedent; income from an interest in an estate or trust; military retirement benefits; railroad employment retirement benefits; social security benefits; temporary and permanent disability benefits; worker's compensation; unemployment compensation; other entitlements to money or lump sum awards, without regard to source, including lottery winnings; income tax refunds; insurance compensation or settlements; awards or verdicts; and any form of payment due to or collectable by an individual regardless of source. The profits the Defendant derived from internet sales could qualify as "income" for support purposes as either "income derived from business" or "gains derived from dealings in property." The total proceeds received from sales would not, however.. constitute income. Nor would proceeds from sales of the Defendant's personal property. However, if the Defendant purchased property, for example, at flea 2 See Exhibit "A" for the tax deductions from gross income. Florida has no state or local income tax. markets for the express purpose of selling those items, profit on the sale would qualify as income. The Defendant estimated that for the period of June, 2004 through June, 2005 he had such profits totaling approximately $1,500.00. The Defendant testified, however, that because of the demands of his primary employment and time devoted to maintaining the marital residence, he has not engaged in internet sales since June, 2005. In Coburn v. Gonzales, 53 Cumberland L.J. 163 (2004) the Honorable Edgar B. Bayley, in discussing the issue of overtime, stated that "[wje do not believe that an obligor working full-time must work overtime and be subjected to a calculation of income based on earning capacity if such overtime is rejected." The same rationale could apply to the working of a part-time second job, or as in this case, part-time self-employment. The Defendant, who is working a full-time job, has chosen to forego the additional income from his internet sales. Because he has had no such income since June, no additional earning capacity based upon his prior sales will be imputed to him. The Defendant has gross weekly earnings of $1,334.00, or $5,779.00 per month from his employment as a driver. Filing his federal income tax return as married/separate, and deducting his union dues from his gross income ,3 he has net monthly income for support purposes of $4,044.00.4 The Defendant is also subject to a child support obligation of $600.00 per month. In calculating his alimony pendente lite obligation to the Plaintiff this amount must be deducted from his net monthly income.5 With net monthly income for the Defendant of $4,044.00 and for the Plaintiff of $1,560.00, and with the Defendant having a child support obligation of $600.00 per month, the Defendant's obligation for alimony pendente lite calculated under the support guidelines is $753.00 per month.6 The effective date of the alimony pendente lite obligation is July 5, 2005, the date the Plaintiffs request for a conference on APL was received by the Domestic Relations Section. RECOMMENDATION A. The Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit for transmission to the Plaintiff as alimony pendente lite the sum of $753.00 per month. ' See Pa. R.C.P. 1910.16-2(c)(1). a See Exhibit "A" for deductions from gross income. See Pa. R.C.P. 1910.16-2(c)(2). See Exhibit "B" for the calculation. 4 B. The Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit the additional sum of $47.00 per month on arrearages. C. The effective date of the order is July 5, 2005. Date Michael R. Rundle Support Master In the Court of Common Pleas of Cumberland County, Pennsylvania Tax Detail Report Plaintiff Name: Rhonda A. Cox Defendant Name: Jimmy E. Cox Docket Number: 05-2920 Civil PACSES Case Number: 789107591 Other State ID Number: Tax Year: Current: 2005 Defendant Plaintiff 1. Tax Method 1040 ES Manual 2. Fling Status Married Filing Se aratel Head of Household 3. Who Claims the Exemptions Customize 4. Number of Exemptions 1 2 5. Monthly Taxable Income $5,779.06 $1,756.00 6. Deductions Method 7. Deduction Amount $416.67 $608.33 8. Exemption Amount $266.67 $533.34 9. Income MINUS Deductions and Exem ptions $5,095.72 $614.33 10 . Tax on Income $998.94 $61.43 11 . Child Tax Credit _ - 12 . Manual Adjustments to Taxes _ 13 . Federal Income Taxes $998.94 $61.43 13 a. Earned Income Credit _ 14 . State Income Taxes $182.62 15. FICA Payments $442.10 $134.33 16. City Where Taxes Apply --Select-- 17. Local Income Taxes $57.79 TOTAL Taxes $1,681.45 $195.76 SupportCak 2005 EXHIBIT "A" In the Court of Common Pleas of Cumberland County, Pennsylvania Spousal Support Calculation„ RuIe 194:0.16 (PACSI5S PdRMAT) Plaintiff Name: Rhonda A. Cox Defendant Name: Jimmy E. Cox Docket Number: 05-2920 Civil PACSES Case Number: 789107591 Other State ID Number: 1. Obligor's Monthly Net Income $4,043.61 2. Less All Other Support $600.00 3. Less Obligee's Monthly Net Income $1,560.24 4. Difference $1,883.37 5. Less Child Support Obligation for Current Case 6. Difference $1,883.37 7. Multiply b 30%or40% 40.00% 8. Income Available for Spousal Support $753.35 9. Adjustment for Other Expenses - 10. AMOUNT OF MONTHLY SPOUSAL SUPPORT OR APL $753.35 Prepared b : mrr Date: 10/12/2005 SupportCak 2005 EXHIBIT "B" r? ^' V? c --+ _ ;.??,,; ?_ L` ?j __ "'? )R1 .. 4 ?, to ?? ..? RHONDA A. COX, Plaintiff/Petitioner V. JIMMY E. COX., Defend ant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION PACSES NO. 789107591 DOCKET NO. 05-2920 CIVIL INDEX OF EXHIBITS Plaintiff's Exhibit No. 1 - Ebay Papal summary ti I U. m U N 7 <? c.^ ?{ (7 'i , ?? «? "r` T? .. :. ;,s i -ii r-...':.. -rt C?? C. 7 _. ;= (;1 i' t?;. ?D 4? -? d?_ 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 Defendant Name: JIMMY E. COX Member ID Number: 3564100635 Please note: All correspondence must include the Member ID Number. MODIFIED ORDER OF ATTACHMENT OF UNEMPLOYMENT BENEFITS Financial Break Down of Multiple Cases on Attachment Plaintiff Name BARBARA A. COX RHONDA A. COX PACSES Docket Case Number Number 310102724 00885 S 2000 789107591 05-2920 CIVIL TOTAL ATTACHMENT AMOUNT: $ 1,500.00 Attachment Amount/Freauenc $ 700.00 /MONTH $ 800.00 /MONTH J / Now, by Order of this Court, the Department of Labor and Industry, Bureau of Unemployment Compensation Benefits and Allowances (BUCBA), is hereby directed to attach the lesser of $ 346.15 per week, or 55.0 %, of the Unemployment Compensation benefits otherwise payable to the Defendant, JIMMY E. COX Social Security Number 226-23-7507 , Member ID Number 3564100635 . BUCBA is ordered to remit the amount attached to the Department of Public Welfare (DPW). DPW shall forward the amount received from BUCBA to the Domestic Relations Section of this Court for support and/or support arrearages. If the Defendant's Unemployment Compensation benefits are attached by another Court or Courts for support and/or support arrearage, DPW may reduce the amount attached under this Order so that the total amount attached does not exceed the maximum amount subject to garnishment pursuant to 15 U.S.C. § 1673(b)(2) and 23 Pa. C.S. § 4348(g). This Order shall be effective upon receipt of the notice of the Order by the BUCBA and shall remain in effect until the Defendant's entitlement to Unemployment Compensation benefits, under the Application for Benefits dated DECEMBER 5, 2004 is exhausted, expired or deferred. BUCBA shall comply with this Order, unless it is amended or vacated by subsequent Order of this Court. All questions, challenges or obligations to this Order shall be directed to the Domestic Relations Section of this Court. Date of Order: OC 11, 2C-0 RRO: f.J'MShadddy BY THE COURT ?_ .. G )OEdgar B. Bdyley, JUDGE Form EN-034 Worker ID $IATT ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 10/13/05 Case Number (See Addendum for case summary) Employer/Withholde-r's Federal EIN Number ROADWAY EXPRESS INC* PO BOX 471 AKRON OH 44309-0471 226-23-7507 Employee/Obligor's Social Security Number 3564100635 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, 353 .Oo per month in current support $ 147. 00 per month in past-due support Arrears 12 weeks or greater? ®yes Q no $ o. oo per month in current and past-due medical support $ 0 . 00 per month for genetic test costs $ per month in other (speci(y) for a total of $ 1, 500.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 346.15 per weekly pay period. $ 692.31 per biweekly pay period (every two weeks). $ 750. oo per semimonthly pay period (twice a month). $ 1. 5oo . oo per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. Date of Order: GCT 1 '1 2,u 5 DRO: R.J. Shadday Service Type M 310102724 885 S 2000 789107591 05-2920 CIVIL O Original Order/Notice O Amended Order/Notice O Terminate Order/Notice RE: COX, JIMMY E. Employee/Obligor's Name (Last, First, MI) BY THE VRT: Edgar B. Bayley, Judge Form EN-028 OMBNu.0970-0154 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? If checked you are required to provide a Copy of this form to your mployee. If yo r employee works in a state that is different from the state that issued this order, a copy must be provi?ed to your employee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.*1Reporting-[ PaydatefBate-of-Withhold mg.- Yoorrust-Teproit the paydafekFateb withholding-is the-date on-vvI -amountww v thheldfrom-theee's- a .. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 3404926700 EMPLOYEE'S/OBLIGOR'S NAME: COX, JIMMY E. EMPLOYEE'S CASE IDENTIFIER: 3564100635 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employeelobligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.C. § 1673 Ib)1; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. For tribal orders, you may not withhold more than the amounts allowed under the law of the issuing tribe. For tribal employers who receive a state order, you may not withhold more than the amounts allowed under the law of the state that issued the order. 10. Additional Info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Submitted By: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 Service Type M If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 OMB No.: 0970.0154 Form EN-028 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: Cox, JIMMY E. PACSES Case Number 310102724 Plaintiff Name BARBARA A. COX Docket Attachment Amount 00885 S 2000 $ 700.00 Child(ren)'s Name(s): DOB JONATHAN Z. COX 05/02/91 PACSES Case Number 789107591 Plaintiff Name RHONDA A. COX Docket Attachment Amount 05-2920 CIVIL$ 800.00 Child(ren)'s Name(s): DOB ?lf checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PAGES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available identified above in any health insurance coverage available through the employee's/obligor's employment. through the employee's/obligor's employment. Addendum Form EN-028 Service Type M Worker ID $IATT OMB No.: 09J0-0154 ra `-" .-1 ? -?` ? ? ? _!, _ r- {Tr _. ?.u In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION 13 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA. 17013 Defendant Name: Jimmy E. Cox Member ID Number: 3564100635 Please note: All correspondence must include the Member ID Number. ORDER OF ATTACHMENT OF UNEMPLOYMENT COMPENSATION BENEFITS Financial Break Down of Multiple Cases on Attachment Plaintiff Name BARBARA A. COX RHONDA A. COX PACSES Docket Case Number Number 310102724 00885 S 2000 789107591 05-2920 CIVIL TOTAL ATTACHMENT AMOUNT: $ 1,400.00 Attachment Amount/Frequency $ 600.00 /MONTH $ 800.00 MONTH Now, by Order of this Court, the Department of Labor and Industry, Bureau of Unemployment Compensation Benefits and Allowances (BUCBA), is hereby directed to attach the lesser of $ 323 .0 B per week, or 55 of the Unemployment Compensation benefits otherwise payable to the Defendant, JIMMY E. COX Social Security Number 226-23-7507 , Member ID Number 3564100635 . BUCBA is ordered to remit the amount attached to the Department of Public Welfare (DPW). DPW shall forward the amount received from BUCBA to the Domestic Relations Section of this Court for support and/or support arrearages. If the Defendant's Unemployment Compensation benefits are attached by another Court or Courts for support and/or support arrearages, DPW may reduce the amount attached under this Order so that the total amount attached does not exceed the maximum amount subject to garnishment pursuant to 15 U.S.C. § 1673 (b)(2) and 23 Pa. C.S.A. § 4348 (g). This Order shall be effective upon receipt of the notice of the Order by the BUCBA and shall remain in effect until the Defendant's entitlement to Unemployment Compensation benefits, under the Application for Benefits dated DECEMBER 4, 2005 is exhausted, expired or deferred. BUCBA shall comply with this Order, unless it is amended or vacated by subsequent Order of this Court. All questions, challenges or obligations to this Order shall be directed to the Domestic Relations Section of this Court. BY THE COURT Cr. Date of Order: OEC 7 7 7005 JUDGE Form EN-530 Service Type M Worker ID $IATT N a , -71 ,_. ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 01/02/06 Case Number (See Addendum for case summary) 310102724 885 S 2000 789107591 05-2920 CIVIL O Original Order/Notice O Amended Order/Notice O Terminate Order/Notice Employer/Withholder's Federal EIN Number ROADWAY EXPRESS INC* PO BOX 471 AKRON OH 44309-0471 226-23-7507 Employee/Obligor's Social Security Number 3564100635 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, 353 . 00 per month in current support $ 147.00 per month in past-due support Arrears 12 weeks or greater? Oyes Q no $ o.00 per month in current and past-due medical support $ 0. oo per month for genetic test costs $ per month in other (specify) for a total of $ 1, 500.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 346.15 per weekly pay period. $ 692.31 per biweekly pay period (every two weeks). $ 750. o0 per semimonthly pay period (twice a month). $ 1.500. 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/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT- Date of Order: JAN 0 ^y 20116 Edward E. Guido, Judge DRO: R.J. Shadday Form EN-028 Service Type M OMB Nn_09]0-ou4 WOrkerlD $IATT RE: COX, JIMMY E. Employee/Obligor's Name (Last, First, MI) ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? if?hecked you are required to provide aSopy of this form to your employee. If your employee works in a state that is di erent from the state that issued this or er, a copy must be provided to your employee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3. paydaWdate ol mithlrolding is tire date u.. Much a ... ount w. "ithheld from the enilployee's wages.- You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 3404926700 EMPLOYEE'S/OBLIGOR'S NAME: COX, JIMMY E. EMPLOYEE'S CASE IDENTIFIER: 3564100635 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Antidiscrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.C. §1673 (b)1; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. For tribal orders, you may not withhold more than the amounts allowed under the law of the issuing tribe. For tribal employers who receive a state order, you may not withhold more than the amounts allowed under the law of the state that issued the order. 10. Additional Info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. I l.Submitted By: If you or your employee/obligor have any questions, DOMESTIC RELATIONS SECTION contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST by telephone at (717) 240-6225 or P.O. BOX 320 by FAX at (717) 240-6248 or CARLISLE PA 17013 by internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Service Type M oMBNa.:OWW54 WOrkerlD $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: cox, jimmy E. PACSES Case Number 310102724 Plaintiff Name BARBARA A. COX Docket Attachment Amount 00885 s 2000 $ 700.00 Child(reN's Name(s): DOB JONATHAN Z. COX 0.5.02/91 PACSES Case Number 789107591 Plaintiff Name RHONDA A. COX Docket Attachment Amount 05-2920 CIVIL$ 800.00 Child(ren)'s Name(s): DOB ?If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(rem's Name(s): DOB ?lf checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(reN's Name(s): DOB ? If checked, you are required to enroll the child(ren) ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available identified above in any health insurance coverage available through the employee's/obligor's employment. through the employee's/obligor's employment. Addendum Form EN-028 Service Type M Worker ID $IATT Dona No, osio-visa '' C (i -i i - _? . . C_.? .. _ -r? [['t?'- 4J N 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 Defendant Name: JIDM7Y E. Cox Member ID Number: 3564100635 Please note: All correspondence most include the Member ID Number. MODIFIED ORDER OF ATTACHMENT OF UNEMPLOYMENT BENEFITS Financial Break Down of Multi ple Cases on Attachment PACSES Docket Plaintiff Name Case Number Number Attachment Amount/Frequency BARBARA A. COX 310102724 00885 S 2000 $ 700.00 /MONTH RHONDA A. COX 789107591 05-2920 CIVIL $ 800.00 MONTH TOTAL ATTACHMENT AMOUNT: $ 1.500.00 Now, by Order of this Court, the Department of Labor and Industry, Bureau of Unemployment Compensation Benefits and Allowances (BUCBA), is hereby directed to attach the lesser of $ 346.15 per week, or 55. o %, of the Unemployment Compensation benefits otherwise payable to the Defendant, JIMMY E. Cox Social Security Number 226-23-7507 , Member ID Number 3564100635 . BUCBA is ordered to remit the amount attached to the Department of Public Welfare (DPW). DPW shall forward the amount received from BUCBA to the Domestic Relations Section of this Court for support and/or support arrearages. If the Defendant's Unemployment Compensation benefits are attached by another Court or Courts for support and/or support arrearage, DPW may reduce the amount attached under this Order so that the total amount attached does not exceed the maximum amount subject to garnishment pursuant to 15 U.S.C. § 1673(b)(2) and 23 Pa. C.S. § 4348(g). This Order shall be effective upon receipt of the notice of the Order by the BUCBA and shall remain in effect until the Defendant's entitlement to Unemployment Compensation benefits, under the Application for Benefits dated DECEMBER 4, 2005 is exhausted, expired or deferred. BUCBA shall comply with this Order, unless it is amended or vacated by subsequent Order of this Court. All questions, challenges or obligations to this Order shall be directed to the Domestic Relations Section of this Court. BY THE COURT Date of Order: JAN 0 0 2606 DRO: R.J. Shadday Service Type m S Edward E. Guido, JUDGE Form EN-034 Worker ID $IATT RHONDA A. COX, Plaintiff vs. JIMMY E. COX, Defendant To the Prothonotary: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 05-2920 CIVIL ACTION - LAW DIVORCE PRAECIPE TO ENTER APPEARANCE Please enter the appearance of Jeann6 B. Costopoulos, Esquire, as attorney for the Defendant, Jimmy E. Cox. DATE: l t7? BY: Jeanne B. Costopoulos, Esquir 3803 Gettysburg Road Camp Hill, PA 17011 Phone: (717) 920-2500 PA Supreme Ct. ID No. 68735 RHONDA A. COX, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : No. 05-2920 JIMMY E. COX, CIVIL ACTION -LAW Defendant DIVORCE CERTIFICATE OF SERVICE I, Jeanne B. Costopoulos, Esquire, hereby certify that this day I served a copy of the foregoing document upon the person(s), and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Camp Hill, Pennsylvania, through first class mail, prepaid, and addressed as follows: Kristopher T. Smull, Esquire Maria P. Cognetti & Associates 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 BY DATE: Avgnne B. Costopoulos, Esquire 3803 Gettysburg Road Camp Hill, PA 17011 Phone: (717) 920-2500 PA Supreme Ct. ID No. 68735 f' .'. :.: -: n ._.? I:\Client Directory\Cux-R\Plcadings,Divorce PleadingsTention for Special Relief.wpd MARIA P. COGNETTI & ASSOCIATES KRISTOPHER T. SMULL, ESQUIRE Attorney I.D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff RHONDA A. COX, Plaintiff V. JIMMY E. COX, Defendant April 20, 2006 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2920 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PETITION FOR SPECIAL RELIEF SEEKING IMMEDIATE SALE OF THE MARITAL RESIDENCE PURSUANT TO PA.C.S.A 0323(F) AND NOW, comes the Plaintiff, Rhonda A. Cox, by and through her attorney, Kristopher T. Smull, Esquire, and files the following Petition for Special Relief, and in support thereof avers as follows: Petitioner is Rhonda A. Cox (hereinafter "Wife"), an adult individual, currently residing at 12750 Equestrian Drive, Apartment 3008, Fort Myers, Florida 33907. 2. Respondent is Jimmy E. Cox (hereinafter "Husband"), an adult individual, currently residing at 81 Appalachian Drive, Carlisle, Cumberland County, Pennsylvania 17013. The parties are the owners, as tenants by the entireties, of the real estate situated at 81 Appalachian Drive, Carlisle, Cumberland County, Pennsylvania ("the Marital Residence"). 4. The parties were married on December 29, 2000 and separated on or about May 11, 2005 when Wife left the marital home. I:\Client Directory\Cox-R\Pleadings\Divorce Pleadings\Petition for Special Relief wpd April 20, 2006 Wife filed a Complaint in Divorce to the above term and number on June 7, 2005 seeking Divorce, Equitable Distribution, Alimony Pendente Lite, Alimony and Counsel Fees and Costs. 6. Wife relocated to Florida in June of 2005 and continues to reside there. Since Wife's departure from the property in May 2005, Husband has been in sole and exclusive control of the Marital Residence. 8. On or about March 31, 2006 Wife was served with a Complaint in Mortgage Foreclosure for the Marital Residence filed on behalf of the primary mortgage holder, M&T Mortgage Corporation. A true and correct copy of said Complaint is attached hereto, made a part hereof and marked Exhibit "A." 9. Pursuant to said Complaint Husband has not made a mortgage payment since September 2005 and owes a total of $7,600.17 in interest, fees and penalties. 10. Until service of said Complaint Wife was unaware that the monthly mortgage payments were not being made on the Marital Residence. 11. The Marital Residence is the primary marital asset available for distribution and Husband's failure to make the monthly mortgage payments has put the property at risk of being lost. 12. Wife seeks an Order of Court requiring that the property be immediately listed for sale and ordering that all interests, penalties and fees be the sole responsibility of Husband. h\Client Directory\Coz-R\Pleadings\Divorce Pleadings',Petition for Special Relief.wpd April 20, 2006 13. Section 3323(f) of the Divorce Code states that: In all matrimonial causes, the court shall have full equity power and jurisdiction and may issue injunctions or other orders which are necessary to protect the interest of the parties or to effectuate the purposes of this part and may grant such other relief or remedy as equity and justice requires against either party or against any third person over whom the court has jurisdiction and who is involved in or concerned with the disposition of the cause. WHEREFORE, Plaintiff requests this Honorable Court: (a) Order that the Marital Residence be immediately listed for sale with a realtor of Wife's choosing and at a price recommended by said realtor; (b) Order Husband to be solely responsible for all interests, penalties and fees accrued due to his failure to make the monthly mortgage payment on the Marital Residence; (c) Order Husband to cooperate fully with the realtor in showing the Marital Residence; (d) Order that no reasonable offer, within 10% of the listing price, be rejected by either party; (e) Order that Husband pay Wife's reasonable counsel fees of $1,000.00 for the preparation and presentation of this Petition; and (f) Any other relief that the Court shall deem just and proper. Respectfully Submitted: Date: MARWP.OGNETTI & ASSOCIATES By KRIS A HER T. SMULL, ESQUIRE Attorney I.D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff VERIFICATION I, Rhonda A. Cox, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn verification to authorities. J / % f? Date: Rhonda A. Coy PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, pA 19103 (215) 563-7G00 M&T MORTGAGE CORPORATION ONE FOUNTAIN PLAZA 7TH FLOOR - DEFAULT BUFFALO, NY 14203 V. Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. O(o - /49k CUMBERLAND COUNTY JIMMY E. COX 17 7 r7T-, 7FLD bi) I n G RHONDAA. CALDERON T- - -7--.-TED pbn A/K/A RHONDA A COX S- D LY d s 81 APPALACHIAN DRIVE S= _.`_'U3 CARLISLE, PA 17013 L---: C Ui Y SI1? IFF APPOINTE13h o S- I- „OCESS SERVER ca O m,s /aC. -- - e? 3 Defendants - - T o n CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE rn __ r?r e NOTICE - a ? You have been sued in court If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9I08 NO hereby Gwbfy me Within try b* ? i ?;)rrgcf .u 0 and ? iQlfa a 7f PY Of the '0 ore File #: 130,094 ? ? : a' PHEI AN HALI INAN'& SCHMIBG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SMITE 1400 PHILADELPHIA; PA 19103 (215) 563-7000 M&T MORTGAGE CORPORATION ONE FOUNTAIN PLAZA. 7TH FLOOR - DEFAULT BUFFALO, NY 14203 Plaintiff V. JIMMY E. COX RHONDA A. CALDERON A1FJA RHONDA A COX 81 APPALACHIAN DRIVE CARLISLE, PA 17013 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. CUMBERLAND COUNTY CPAL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT nlRING A LAWYER IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Ctunberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 130084 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. F 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVEDTHIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File#= MGM 2. The name(s) and last )mown address(es) of the Defendant(s) are: JIMMY E. COX RHONDA A. CALDERON AIKIA RHONDA A COX 81 APPALACHIAN DRIVE CARLISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 10123/2000 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAHNnW which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No_ 1647, Page: 203. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 10/01/2005 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 130084 6. The following amounts are due on the mortgage: Principal Balance $114,388.82 Interest 5,016.84 09/01/2005 through 03/13/2006 (Per Diem $25.86) Attorney's Fees 1,225.00 Cumulative Late Charges 502.64 10123/2000 to 03113/2006 Cost of Suit and Title Search $ 550.00 Subtotal $ 121,683.30 Escrow Credit 0.00 Deficit 305.69 Subtotal 305.69 TOTAL $ 121,988.99 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowners Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 121,988.99, together with interest from 03/13/2006 at the rate of $25.86 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELANHAIAINAN & SCHMIEG, LLP By /s/Francis S. Halligan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. Hai r naAN, ESQUIRE Attorneys for Plaintiff File #: 130084 LEGAL DESCRIMON ALL that Gain .,.C., of ground with upd.'v+ ..cueret5 there,n, emvled ta suete 'L'S_ sst 'Cr--e c n - pa_fly u! st e x e:v_ ES.r an vai uy an Si:"e , Sap-nug-r owZ -mp, i luri erfa d County, Pi rai-y':Vania, bounded' and described in ....co-dance with a c- :-Fina'l tubdivision Plan fbr Scott A. D;Vcn b y - ? z : v CNN- .',Lai.::'ino ASSv^-^,3atc5, rarr.., dated Julyy it'.; 1>`a?6' , as Tc'r'ised September 271 K,v vvia o ya_,. f `? ne r;, a copy ^whif ti was recorded .?s 3 on lY r 1 } copy v1aui?vetii„er :D, 19E`9 at the Office of the rSECO:'det' of DeC:2S in =.q Tor Cumberland erland County, ^. R.an Bcck 1 at l a and is incorporated h i_ r. e 106. an ncorporated h eir,i by rescs?ricd, a- f.^,11o4,'S, B iz'!Li`:f.( iG at a^. non pin set in a III Teel -midc private my-hit of way 130 ggr common w,iih lands now or form eriy ..L. -- OI i.,,,.:--,1 a,'_ l,ot i:.^,, i end L_ t itio. 2 - the »f('SrtileY IILnC.i»bdi.:^gInn ..,,a31, ..^.d la^d5 n..,: or <urm.°,riV of ;un ,Ce».. by 1 '-'-ds r:d e L d- 33 zn all a; s -n or ......,,..v o, . . unn . > South de.ces f 1 ininui P. seconds 't, 723 _ Zvi ?n non pin sei on, t e westerly r ght ofway'Me ! f ?n a?a bt {; , r} enre ?ogg o P ie3 fe t .; ;de i= > ngnt :'3V and 7oa , 3y of Apo f alachian th ive 1-573 al_ .3a 4h. _ex ri ex s? ? i v__ T c_,nc'S"r_ill hilll i'i South 3; . 1 14i 3"1 _ _? eiC, _ :1e;°ei 0, it:3;iuiy3 iiySc?; ?;zids s?".e181 h4 Seet tt! an SrC;ii ;let (:;i iht C.3. i>.1 g' _-_Tay ,.,°. or- " _ _ 5. '_ y r+ ht 3.sale Appaiacnian DT2'o at .= °_ of l`^ `i?G" or t?r"'ss.erly a i..`:en b' -w CT fvrmc'Stephen 1V of +sa 01J _s__ :.:. a ' o of 3'tenhen Sunday_ ..Ce Y lands n.; +.r+'?".y: ? i th 33 _ dc-zrees 01 minutes 30 seconds'--- ast; 102.50 feet to an iron pin set at line of lands now or formerly of Roland D. Fenton; thence by lands now or formerly of Roland D. Fenton, South 52 degrees 05 minutes 50 seconds West, 135.00 feet to an iron pin set at the northerly side of the right of way of the Pennsylvania Turnpike, Interstate 76; thence by said right of way line of the Pennsylvania Turnpike, North 60 degrees 29 minutes 50 seconds West, 42.16 feet to an iron pin set at the easterly right of way line of Appalachian Drive (T-573); thence crossing the dedicated 50 feet wide right of way and roadway of said Appalachian Drive, and the Silver Spring Middlesex Township line, North 60 degrees 29 minutes 50 seconds West, 50.01 feet to an iron pin set on the westerly right of way line of Appalachian Drive (T-573); thence continuing by the northerly side of the right of way line of the Pennsylvania Turnpike, North 60 degrees 29 minutes 50 seconds West, 322.18 feet to an iron pipe at lime of lands now or formerly of Fred L. Wilson; thence by lands now or formerly of Fred L. Wilson, North 35 degrees 18 minutes East, 100.00 feet to an iron pin set at the dividing line between Lot No. 1 and Lot No. 2 of aforesaid subdivision plan; thence along the dividing line between said Lot No. I and Lot No. 2, South 60 degrees 29 minutes 50 seconds East, 21228 feet to an iron pin set in the 25 feet wide private right of way between aforementioned Lot No. 1 and Lot No. 2; thence in and along said 25 feet wide private right of way, North 45 degrees 55 minutes 45 seconds East, 13735 feet to an 'son pin set at line of lands now or formerly of E.L. Sunday, the point and place of BEGINNING. CONTAINING 52,043 square feet, more or less. BEING all of Lot No_ 2 on the Final Subdivision Plan for Scott A. Diven recorded as aforesaid. BEING improved with a two story block dwelling known and numbered as 81 Appalachian Drive, Carlisle, Pennsylvania 17013. BEING that same real estate that Scott A. Diven and Robyn A. Diven, husband and wife, by their deed dated July 30, 1991 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 'F', Volume 35 at Page 1184, conveyed to William E. Mating and Lisa Maring, husband and wife, Grantors herein. File fi: 130084 FRANCIS S. HAI LINAN, ESQUIRE hmby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction ofthe court and or the Verification coutd not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. IL C. P. 1024 ( c ) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plamt ffand are true and correct to the best of his knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel . The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. ,-' ! J FRANCIS S. HALLINAN, ESQUIRE Attomey for Plaintiff DATE: ? k,5? I:\Client Directory\Cox-R\Pleadings\Divorce Pleadings\Pention for Special Relief wind CERTIFICATE OF SERVICE April 20, 2006 I, Kristopher T. Smull, Esquire, Attorney for the Plaintiff herein, do hereby certify that on this date I served the foregoing Petition for Enforcement for Special Relief by depositing a true and exact copy thereof in the United States mail, first class, postage prepaid, addressed as follows: Jeanne B. Costopoulos, Esquire 3803 Gettysburg Road Camp Hill, PA 17011 MARIA P. COGNETTI & ASSOCIATES Date: ??(/O By: uL j - KW T _fiPftEii T. SMULL, ESQUIRE Attorney I.D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff ,, ?? 2-- APR 2 6 2006 „ RHONDA A. COX, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 05-2920 CIVIL TERM JIMMY E. COX, : CIVIL ACTION - LAW Defendant : IN DIVORCE RULE TO SHOW CAUSE AND NOW, to wit, this k'- day of 2006, upon > consideration of Plaintiff's Petition for Special Relief, a Rule is hereby issued upon the Defendant to show cause, if any, why the relief requested should not be granted. RULE RETURNABLE DAYS FROM SERVICE. Dated: 0 4?t? 6 05' 0,0 r-' ?? d `? ? ? -, r'i -- ,.-- ..,-- u? :?-- lL'- ?1?;' ? f _ ^„? i tz? • ? z.- ?,- 1.1.- ? .rr?``-?t? `''7 V G? c MARIA P. COGNETTI & ASSOCIATES KRISTOPHER T. SMULL, ESQUIRE Attorney I.D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff/Petitioner RHONDA A. COX, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. JIMMY E. COX, Defendant/Respondent : NO. 05-2920 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE MOTION TO MAKE RULE ABSOLUTE AND NOW comes Petitioner, Rhonda A. Cox, by and through her attorney, Kristopher T. Smull, Esquire, and in support of her Motion to Make Rule Absolute, respectfully represents as follows: 1. On April, 25, 2006, Petitioner filed a Petition for Special Relief seeking the immediate sale of the marital residence. 2. On May 1, 2006, the Court entered a Rule to Show Cause against Respondent directing him to show cause why Petitioner's requested relief should not be granted. Said Rule was returnable for ten (10) days after service thereof. 3. Service of said Rule was made on attorney for Respondent, Jeanne B. Costopoulos, Esquire, by way of letter dated May 3, 2006. A true and correct copy of said letter is attached hereto, made a part hereof and marked Exhibit "A." 4. More than ten (10) days have elapsed since the service of the aforesaid Rule to Show Cause. 5. To date no responsive pleading has been filed by Respondent. WHEREFORE, Petitioner respectfully requests that this Honorable Court enter an order making its Rule Absolute, and grant the relief requested in Petitioner's Petition of April 25, 2006. Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES Date: May 25, 2006 By: VA W TKRi?TdFlikk T. SMULL, ESQUIRE Attorney I.D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff VERIFICATION I, Rhonda A. Cox, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn verification to authorities. Date: 51;- 51ol, Rhonda A. Cox CERTIFICATE OF SERVICE I, Kristopher T. Smull, Esquire, Attorney for the Plaintiff, Rhonda A. Cox herein, do hereby certify that on this date I served the foregoing Motion to Make Rule Absolute by depositing a true and exact copy thereof in the United States mail, first class, postage prepaid, addressed as follows: Jeanne B. Costopoulos, Esquire 3803 Gettysburg Road Camp Hill, PA 17011 MARIA P. COGNETTI & ASSOCIATES Date: May 25, 2006 By: KRISTOPHER T. SMULL, ESQUIRE Attorney I.D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff C? C=) ? 11 1 'O C? . ) -Ti ? =.? f J7 J- ._ -ry JTp ,(Lt -rj 7 ? = ? "f ,ry r '1 -71 JUN 0 ti ZU06 RHONDA A. COX, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 05-2920 CIVIL TERM JIMMY E. COX, : CIVIL ACTION - LAW Defendant : IN DIVORCE ORDER OF COURT AND NOW, to wit, this -?ay of V VIV'k , 2006, upon consideration of the attached Petition for Special Relief, it is hereby ORDERED and DECREED as follows: (a) The Marital Residence shall be immediately listed for sale with a realtor of Plaintiff's choosing and at a price recommended by said realtor; (b) Defendant shall be solely responsible for all interest, penalties and fees accrued due to his failure to make the monthly mortgage payment on the Marital Residence; (c) Defendant shall cooperate fully with the realtor in showing the Marital Residence; (d) No reasonable offer for the sale of the Marital Residence, within 10% of the listing price, shall be rejected by either party; J. rl N uic-I ll. 't L:J t..jLt-. Q vb N U L r ?t r^ d `J a m RHONDA A. COX, Plaintiff vs. JIMMY E. COX, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 05-2920 CIVIL TERM CIVIL ACTION -LAW DIVORCE PETITION TO WITHDRAW AS COUNSEL FOR DEFENDANT AND NOW, comes Jeanne B. Costopoulos, Esquire, attorney of record for Defendant, Joey Vincent Sullenberger, and respectfully represents the following in support of this petition: 1. Petitioner is undersigned counsel, Jeanne B. Costopoulos, Esquire, attorney of record for Defendant, Jimmy E. Cox, in the above captioned divorce case. 2. Undersigned counsel has accepted a position of employment with the law office of Maria P. Cognetti & Associates, which shall begin October 2, 2006. 3. Plaintiffs counsel, Kristopher T. Smull, Esquire, is also employed with the law office of Maria P. Cognetti & Associates. 4. It is a conflict for the parties to be represented by counsel within the same law firm. WHEREFORE, Petitioner Jeanne B. Costopoulos, Esquire, respectfully requests this Honorable Court to permit her to withdraw as counsel from Defendant's case. DATED: ? /,?.0/& Respectfully submitted by: Jeanne B. Costopoulos, Esqui PA S.Ct. I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone: (717) 790-9546 RHONDA A. COX, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : No. 05-2920 CIVIL TERM JIMMY E. COX, CIVIL ACTION -LAW Defendant DIVORCE VERIFICATION I, Jeanne B. Costopoulos, hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: 6 Zd7Y Signature: eanne B. Costopoulos, Esquir RHONDA A. COX, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 05-2920 CIVIL TERM JIMMY E. COX, CIVIL ACTION -LAW Defendant DIVORCE CERTIFICATE OF SERVICE I, Jeanne B. Costopoulos, Esquire, hereby certify that I am this day depositing copies of the foregoing document in the United States Mail, at Camp Hill, Pennsylvania, postage prepaid and addressed as follows: Jimmy E. Cox 81 Appalachian Drive Carlisle, PA 17013 Rhonda A. Cox 12750 Equestrian Drive, Apt. 3008 Fort Myers, FL 33907 Kristopher T. Smull, Esquire Maria P. Cognetti & Associates 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 BY: DATED: /Z0llx0 Jeanne B. Costopoulos, Esquire PA S.Ct. I.D. No. 68735 3803 Gettysburg Road Camp Hill, PA 17011 Phone: (717) 221-0900 r - F-q y V O --C 4 d ' SEP 2 5 2006 RHONDA A. COX, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 05-2920 CIVIL TERM JIMMY E. COX, CIVIL ACTION -LAW Defendant DIVORCE ORDER OF COURT AND NOW this _?_ day of , 2006, a rule is hereby issued on both parties to show cause why the attached Petition to Withdraw as Counsel should not be granted. Rule returnable 77 days from service. c VO ,O21 a l J. FILED-04 -,FEjd - OF THE IM"' -'liN`'w;?IARY 2096 OCT -2 Ail { 1 : 2 o CU r: :i`? ?, In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION RHONDA A. COX ) Docket Number 05-2920 CIVIL Plaintiff ) vs. ) PACSES Case Number 789107591 JIMMY E. COX ) Defendant ) Other State ID Number PETITION FOR MODIFICATION OF AN EXISTING SUPPORT ORDER 1. The petition of JIMMY E. COX respectfully represents that on OCTOBER 13, 2005 , an Order of Court was entered for RHONDA A. COX A true and correct copy of the order is attached to this petition. Service Type M Form OM-501 Worker ID 21502 Cox V. Cox PACSES Case Number: 7 8 910 7 5 91 2. Petitioner is entitled to O increase O decrease Xtermination O reinstatement 0. other of this Order because of the following material and substantial change(s) in circumstance: eti 6L- a- 'oner Attorney for Petitioner 5 ' 1-0? 40 0 0 0 * 4A""@P I verify that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. /0-/Z- oe Date Service Type m Petitioner Page 2 of 2 Form OM-501 Worker ID 21502 - P-Ae% "? OL-Z4y &---C eo -"- . V 4L4,A r ? ? -evf-? 0-rUL A yr WHEREFORE, Petitioner requests that the Court modify the existing order ra ,? C-: i`S7 N ?:. RHONDA A. COX, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION V. PACSES# 789107591 JIMMY E. COX, NO. 05-2920 CIVIL Defendant PRAECIPE FOR WITHDRAWAL/ENTRY OF APPEARANCE TO THE DOMESTIC RELATIONS OFFICE: Kindly withdraw my appearance on behalf of Rhonda A. Cox, the Plaintiff in the above-captioned matter. MARIA P. C GNETTI & ASSOCIATES Date: k1171 0 6 By: KRISTOPH R T. SMULL, ESQUIRE Attorney I.D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff TO THE DOMESTIC RELATIONS OFFICE: Kindly enter my appearance on behalf of Rhonda A. Cox, the Plaintiff in the above-captioned matter. Date: By: Rhonda A Cox I- - t n CO RHONDA A. COX, Plaintiff V. JIMMY E. COX, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05-2920 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PRAECIPE FOR WITHDRAWALIENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw my appearance on behalf of Rhonda A. Cox, the Plaintiff in the above-captioned matter. Date: IONV? MARIA P. COGNETTI & ASSOCIATES By: I - ?_jb S R T. SMULL, ESQUIRE Attorney I.D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Rhonda A. Cox, the Plaintiff in the above-captioned matter. Date: By. Rhonda A Cox ! '. i. RHONDA A. COX, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 05-2920 CIVIL TERM JIMMY E. COX, IN DIVORCE Defendant/Petitioner PACSES # 789107591 ORDER OF COURT AND NOW, this 13th day of October 2006, a petition has been filed against you, Rhonda A. Cox, to modify an existing Alimony Pendente Lite Order. You are ordered to appear in person at the Domestic Relations Section, 13 North Hanover Street, Carlisle, Pennsylvania, on November 7, 2006 at 1:30 P.M. for a conference and to remain until dismissed by the Court. If you fail to appear as provided in this Order, an Order of Court may be entered against you. You are further ordered to bring to the conference: (1) 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 the Rule 1910.11. (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, Edgar B. Bayley, President Judge Copies mailed to: Petitioner Respondent f Date of Order: October 13, 2006 / fk?J. Sh day, onference 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 w? 1 'i :m n a %: RHONDA A. COX, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY PENNSYLVANIA V. NO. 05-2920 CIVIL TERM JIMMY E. COX, Defendant CIVIL ACTION -LAW IN DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of the Plaintiff, Rhonda A. Cox, in the above captioned matter. Date: ti;? - .a o u lr T Hannah Herman-Snyder, Esqui e Attorney for Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 ? ? d -? J? ? 5 ? -.. - ; _.. ?.ir - { 1?_: y -' i"P'i ? WJ e ... w`- A J. RHONDA A. COX, Plaintiff VS. JIMMY E. COX, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 05-2920 CIVIL TERM CIVIL ACTION -LAW DIVORCE TO THE HONORABLE EDGAR B. BAYLEY, JUDGE OF SAID COURT: MOTION TO MAKE RULE ABSOLUTE AND NOW, the Petitioner, Jeanne B. Costopoulos, Esquire, makes the following Motion to Make Rule Absolute: 1. Petitioner, Jeanne B. Costopoulos, Esquire, filed a Petition to Withdraw as Counsel for Defendant on September 22, 2006. 2. On September 29, 2006, a rule was issued on both parties to show cause why the Petition should not be granted. The Rule was returnable 7 days from service. 3. Petitioner served both the Petition and Rule on Defendant, Jimmy E. Cox, by sending via restricted delivery, certified mail. (See attached Exhibit A - Affidavit of Service). 4. Petitioner hand-served served both the Petition and Rule on Plaintiff's counsel, Kristopher T. Smull, on October 11, 2006. (See attached Exhibit B - Affidavit of Service) 5. Neither party has filed response to the Petition to Withdraw as Counsel for Defendant and more than 7 days have elapsed since service of the Petition and Rule upon both parties. WHEREFORE, the undersigned respectfully requests this Honorable Court to grant her leave to withdraw as counsel for Defendant, Jimmy E. Cox. Respectfully submitted, BY: ! J e B. Costopoulos, Esquire PA S.Ct. I.D. No. 68735 MARIA P. COGNETTI & ASSOCIATES 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Phone: (717) 909-4060 DATED: lD ? S"? iJ 4 ? RHONDA A. COX, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 05-2920 CIVIL TERM JIMMY E. COX, CIVIL ACTION -LAW Defendant DIVORCE CERTIFICATE OF SERVICE I, Jeanne B. Costopoulos, Esquire, hereby certify that I am this day serving a copy of the foregoing document upon the persons, and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Camp Hill, Pennsylvania, first class mail, prepaid, and addressed as follows: Jimmy E. Cox 81 Appalachian Drive Carlisle, PA 17013 Rhonda A. Cox 12750 Equestrian Drive, Apt. 3008 Fort Myers, FL 33907 BY: Jeanne B. Costopoulos, Esquire PA S.Ct. I.D. No. 68735 MARIA P. COGNETTI & ASSOCIATES 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Phone: (717) 909-4060 DATED: Z7/Zc'lf? RHONDA A. COX, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 05-2920 CIVIL TERM JIMMY E. COX, CIVIL ACTION -LAW Defendant DIVORCE AFFIDAVIT OF SERVICE I, Jeanne B. Costopoulos, Esquire, verify that the Petition to Withdraw as Counsel for Defendant and Rule to Show Cause were both upon the Defendant indicated above via certified, restricted deliver mail no. 7005 0390 0005 2244 2078. I verify that the statements made herein are true and correct and I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. ¦ bomplete items 1, 2, and 3. Also complete item 4 if Restricted Delivery Is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on tent if space permits. 1. Article Abossed to: Jam; COX a (u r itn ff s J-e, Ctrl?sk-t 1?- Minis ?S+S a x Agent 13 l i 0 Addreesss B. by ( ft.iZ P G: Date of Delivery D. Is delivery i?iwrn?t 13 If YES, r 3. v?Maii 0 Express Mall 0 Registered 0 Return Receipt for Madmnalee 0 inumid Mall 0 C.O.D. 4. Resbkled Delivery? (Extra Fee) 0 Yes L ft Mr2eP#"" w 7005 0390 0005 2244 2078 (lhnrelir ftm sends AmW ft Form 3811, Fsbnmy 2004 Domestic Pab".ReoW 109586.0244-1540 DATED. (° BY: Jeanne B. Costopoulos, Esquir EXHIBIT A RHONDA A. COX, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 05-2920 CIVIL TERM JIMMY E. COX, CIVIL ACTION -LAW Defendant DIVORCE AFFIDAVIT OF SERVICE I, Jeann6 B. Costopoulos, Esquire, verify that the Petition to Withdraw as Counsel for Defendant and Rule to Show Cause were both hand served upon counsel for Plaintiff on October 11, 2006. BY: J ann6 B. Costopoulos, Esquire PA S.Ct. I.D. No. 68735 MARIA P. COGNETTI & ASSOCIATES 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Phone: (717) 909-4060 DATED: a /2 ?z J EXHIBIT B ?:-? ?? -n ? ??? t.:.? :'? ?il ( r ? f. ? ? ?. ?? .. ?n? r _ ?`?? .c ; - t? 1,.,.. .. f ?G OCT 30 100 RHONDA A. COX, Plaintiff VS. JIMMY E. COX, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 05-2920 CIVIL TERM CIVIL ACTION -LAW DIVORCE ORDER OF COURT AND NOW, this of , 2006, upon consideration of Jeann6 B. Costopoulos' Petition to Withdraw as Counsel for Defendan d Motion to Make Rule Absolute, it is hereby Ordered that Jeann& B. Costopoulos Esquire, is granted leave to withdraw as counsel for Defendant, Jimmy E. Cox. .^9 V 1. d RHONDA A. COX, Plaintiff/Respondent VS. JIMMY E. COX, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 05-2920 CIVIL TERM IN DIVORCE PACSES # 789107591 ORDER OF COURT AND NOW, this 7th day of November, 2006, based upon the Court's determination that Petitioner's monthly net income/earning capacity is $1949.19 and Respondent's monthly net income/earning capacity is $2805.28, it is hereby Ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit, $517.00 per month payable as follows: $342.00 per month for alimony pendente lite and $175.00 per month on arrears. First payment due next modified wage attached payment. Arrears set at $2100.65 as of November 7, 2006. The effective date of the order is October 12, 2006. 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: Rhonda A. Cox. Payments must be made by check or money order. All checks and money orders must be made payable to PA SCDU and mailed to: PA SCDU P.O. Box 69110 Harrisburg, PA 17106-9110 Payments must include the Respondent's PACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. cc360 -. The Plaintiff/Respondent is to maintain her own medical insurance. 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. Consented: Petitioner Respondent Petitioner's Attorney Respondent's Attorney BY THE COURT Edwafdt. Gui , J. Mailed copies on: November 8, 2006 to: Petitioner Respondent Hannah Herman-Snyder, Esq. DRO: R.J. Shadday rj ?4't c='? ?' ? "?"? ? l?t t ? ` _ . ?? / ?, /} V ?t -? , % ? ? ? ? r'} ^' ?? Y ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT O Original Order/Notice State Commonwealth of Pennsylvania J Co./City/Dirt. of CUMBERLAND grJ S UC) V 0 Amended Order/Notice Date of Order/Notice 11/07/06 Q Terminate Order/Notice Case Number (See Addendum for case summary) RE: COX, JIMMY E. E mp loyer/With holder's Federal EIN Number Employee/Obligor's Name (Last, First, MI) 226-23-7507 Employee/Obligor's Social Security Number ROADWAY EXPRESS INC* 3564100635 PO BOX. 471 Employee/Obligor's Case Identifier AKRON OH 44309-0471 (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. $ 942.00 per month in current support $ 175. oo per month in past-due support Arrears 12 weeks or greater? (9) Yes Q no $ o. oo per month in current and past-due medical support $ 0.00 per month for genetic test costs $ per month in other (specify) for a total of $ 1,117.00 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: $ 257.77 per weekly pay period. $ 515.54 per biweekly pay period (every two weeks). $ 558 .50 per semimonthly pay period (twice a month). $ 1,117. o0 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws. governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If required by Pennsylvania law (23 PA C.S. § 4374(b)) to remit by electronic payment method, please call Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. Date of Order: NO Q ` 200b BY THE COURT: ow JI Form EN-028 Rev. ' Service Type M OMS No.: 097"154 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? If hecketl you are required to provide a ppy of this form to your mployee. If yoYr employee orks in a state that is di Brent from the state that issu this order , a copy must be provi3ed to your employee even if tie box is not chec ed. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* Reporting the Paydate/Date of Withholding. You must report the paydate/date of withholding when sending the payment. paydate/date of withholding is the date on which arn0U11t WaS Withheld fion, the employee's Yvages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 3404926700 EMPLOYEE'S/OBLIGOR'S NAME: COX, JIMMY E. EMPLOYEE'S CASE IDENTIFIER: 3564100635 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act 0 5 U.S.C. §1673 (b)1; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. For tribal orders, you may not withhold more than the amounts allowed under the law of the issuing tribe. For tribal employers who receive a state order, you may not withhold more than the amounts allowed under the law of the state that issued the order. 10. Additional Info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11.Submitted By: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 Service Type M If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 OMB No.: 0970-0154 Form EN-028 Rev. 1 Worker ID $ IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: Cox, JIMMY E. PACSES Case Number 310102724 Plaintiff Name BARBARA A. COX Docket Attachment Amount 00885 S 2000 $ 600.00 Child(ren)'s Name(s): DOB JONATHAN Z. COX ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. Service Type M PACKS Case Number 789107591 Plaintiff Name RHONDA A. COX Docket Attachment Amount 05-2920 CIVIL$ 517.00 Child(ren)'s Name(s): DOB ® If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? if checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. Addendum OMB No.: 0970-0154 Form EN-028 Rev. 1 Worker ID $IATT .. ..? -n ,'i' ?... _ ?"7 ? ?z, ?: ; 1-,C?` . ,- ? i A r C ` C _ '?s .? ?:? ?: ? 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 Defendant Name: JIMMY E. COX Member ID Number: 3564100635 Please note: All correspondence must include the Member ID Number. MODIFIED ORDER OF ATTACHMENT OF UNEMPLOYMENT BENEFITS Financial Break Down of Multip le Cases on Attachment PACSES Docket Plaintiff Name Case e Number Number Attachment Amount/Freguency BARBARA A. COX 310102724 00885 S 2000 $ 600.00 /MONTH RHONDA A. COX 789107591 05-2920 CIVIL $ 517.00 MONTH / TOTAL ATTACHMENT AMOUNT: $ 1,117.00 Now, by Order of this Court, the Department of Labor and Industry, Bureau of Unemployment Compensation Benefits and Allowances (BUCBA), is hereby directed to attach the lesser of $ 2 5 7.7 7 per week, or 55.0 %, of the Unemployment Compensation benefits otherwise payable to the Defendant, JIMMY E. COX Social Security Number 2 2 6- 2 3- 7 5 0 7, Member ID Number 3 5 6 410 0 6 3 5 . BUCBA is ordered to remit the amount attached to the Department of Public Welfare (DPW). DPW shall forward the amount received from BUCBA to the Domestic Relations Section of this Court for support and/or support arrearages. If the Defendant's Unemployment Compensation benefits are attached by another Court or Courts for support and/or support arrearage, DPW may reduce the amount attached under this Order so that the total amount attached does not exceed the maximum amount subject to garnishment pursuant to 15 U.S.C. § 1673(b)(2) and 23 Pa. C.S. § 4348(g). This Order shall be effective upon receipt of the notice of the Order by the BUCBA and shall remain in effect until the Defendant's entitlement to Unemployment Compensation benefits, under the Application for Benefits dated DECEMBER 4, 2 0 0 5 is exhausted, expired or deferred. BUCBA shall comply with this Order, unless it is amended or vacated by subsequent Order of this Court. All questions, challenges or obligations to this Order shall be directed to the Domestic Relations Section of this Court. BY THE COURT Date of Order: NOV 0 6 200 JUDGE Form EN-034 Service Type M Worker ID $ IATT ?y fi ' ;r7 m A r`-- ? •-"? ? ?"C+ r : ? - ? C _; ? Rl7.. ? fv - ? +_ 's `~ ? ? ? < ,:': t ? -G • ;, :?, . {,. RHONDA A. COX, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -DIVORCE NO. 2005-2920 CIVIL TERM JIMMY E. COX, Defendant/Respondent PACSES CASE NO. 789107591 DEMAND FOR HEARING DATE OF ORDER: November 7, 2006 AMOUNT: $517.00 per month ($342.00 basic and $175.00 per month on arrears) FOR: Alimony Pendente Lite REASONS: 1. Hearing Officer erred in her calculations of Husband's net monthly income. 2. Hearing Officer erred in not holding Husband to a minimum of his earning capacity as determined by the Support Master on October 13, 2005. PARTY FILING DEMAND FOR HEARING: PLAINTIFF/PETITIONER Date: November 275 2006 ?61 r,.h ' W, r, rx U10 1\ - S,3 ca, A % ,1 HANNAH HERMAN-SNYDER, ESQUIRE Griffie and Associates 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 Attorney for Plaintiff/Petitioner r 4 i -TI lp? 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 Defendant Name: JIMMY E. cox Member ID Number: 3564100635 PACSES Docket Case Number Number 789107591 05-2920 CIVIL Please note: All correspondence must include the Member ID Number. MODIFIED ORDER OF ATTACHMENT OF UNEMPLOYMENT BENEFITS Financial Break Down of Multiple Cases on Attachment Plaintiff Name RHONDA A. COX Fax: (717) 240-6248 Attachment Amount/Freauenc $ 342.00 MONTH $ 1 $ 1 TOTAL ATTACHMENT AMOUNT: $ 342.00 Now, by Order of this Court, the Department of Labor and Industry, Bureau of Unemployment Compensation Benefits and Allowances (BUCBA), is hereby directed to attach the lesser of $ 7 8.9 2 per week, or 50.0 %, of the Unemployment Compensation benefits otherwise payable to the Defendant, JIMMY E. COX Social Security Number 2 2 6- 2 3- 7 5 0 7, Member ID Number 3 5 6 410 0 6 3 5 . BUCBA is ordered to remit the amount attached to the Department of Public Welfare (DPW). DPW shall forward the amount received from BUCBA to the Domestic Relations Section of this Court for support and/or support arrearages. If the Defendant's Unemployment Compensation benefits are attached by another Court or Courts for support and/or support arrearage, DPW may reduce the amount attached under this Order so that the total amount attached does not exceed the maximum amount subject to garnishment pursuant to 15 U.S.C. § 1673(b)(2) and 23 Pa. C.S. § 4348(g). This Order shall be effective upon receipt of the notice of the Order by the BUCBA and shall remain in effect until the Defendant's entitlement to Unemployment Compensation benefits, under the Application for Benefits dated DECEMBER 5, 2 0 04 is exhausted, expired or deferred. BUCBA shall comply with this Order, unless it is amended or vacated by subsequent Order of this Court. All questions, challenges or obligations to this Order shall be directed to the Domestic Relations Section of this Court. BY THE COURT Date of Order: NOV 2 7 2006 Service Type M C:? s+• JUDGE Form EN-034 Worker ID $ IATT Y _ -? Cir-t t ,--; ?f??ti ??? - _ ?'? ...- - t 1?Yi - ? , w, . t? ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania 3 / D / d A724 Co./City/Dist. of CUMBERLAND 7$S S 02000 Date of Order/Notice 11/24/06 Case Number (See Addendum for case summary) RE: COX, JIMMY E. EmployerMithholder's Federal EIN Number ROADWAY EXPRESS INC* PO BOX 471 AKRON OH 44309-0471 7P l 0 759 / 05-a9,2o 610 O Original Order/Notice O Amended Order/Notice O Terminate Order/Notice Employee/Obligor's Name (Last, First, MI) 226-23-7507 Employee/Obligor's Social Security Number 3564100635 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. $ 942.00 per month in current support $ o. oo per month in past-due support Arrears 12 weeks or greater? Oyes ® no $ 0.00 per month in current and past-due medical support $ o . 00 per month for genetic test costs $ per month in other (specify) for a total of $ 942.00 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: $ 217.3 s per weekly pay period. $ 434.77 per biweekly pay period (every two weeks). $ 471. oo per semimonthly pay period (twice a month). $ 942. oo per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If required by Pennsylvania law (23 PA C.S. § 4374(b)) to remit by electronic payment method, please call Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. Date of Order: NOV 2 7 2006 BY THE COURT: Form EN-028 Rev. 1 Service Type M OMB No.: 0970-0154 Worker I D $ IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? If hecke? you are required to provide a opy of this form to yourem to your emo r employee vorks in a state tha, is dii?ferent from the state that issued this order, a copy must be provi ployee even if t e box is not chec ed. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* You must comply with the law of the paydate/date Le u, , w! i6cl , an ow it was wit! iheld 'l-- -- the emp!U--YV- -'s wag . state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 3404926700 EMPLOYEE'S/OBLIGOR'S NAME: COX JIMMY E. EMPLOYEE'S CASE IDENTIFIER: 3564100635 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act 0 5 U.S.C. §1673 (b) 1; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. For tribal orders, you may not withhold more than the amounts allowed under the law of the issuing tribe. For tribal employers who receive a state order, you may not withhold more than the amounts allowed under the law of the state that issued the order. 10. Additional Info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Submitted By: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 Service Type M if you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.chiIdsupport.state.pa.us Page 2 of 2 OMB No.: 0970-0154 Form EN-028 Rev. 1 Worker ID $ IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: cox, JIMMY E. PACSES Case Number 310102724 Plaintiff Name BARBARA A. COX Docket Attachment Amount 00885 S 2000 $ 600.00 Child(ren)'s Name(s): DOB JONATHAN Z. COX _.._ __ 05/02/91 PACKS Case Number 789107591 Plaintiff Name RHONDA A. COX Docket Attachment Amount 05-2920 CIVIL$ 342.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 ?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 ® 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 ?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 ? If checked, you are required to enroll the child(ren) ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available identified above in any health insurance coverage available through the employee's/obligor's employment. through the employee's/obligor's employment. Addendum Form EN-028 Rev. 1 Service Type M Worker I D $ IATT OMB No.: 0970-0154 A In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION RHONDA A. COX ) Docket Number 05-2920 CIVIL Plaintiff ) VS. ) PACSES Case Number 789107591 JIMMY E. COX ) Defendant ) Other State ID Number ORDER OF COURT You, RHONDA A. COX plaintiff/defendant of are ordered to appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 before a hearing officer of the Domestic Relations Section, on the JANUARY 4, 2007 at 8: 3 OAM for a hearing. You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. verification of child care expenses, and 4. proof of medical coverage which you may have, or may have available to you 5. information relating to professional licenses 6. other: Service Type M Form CM-509 Worker ID 21302 COX V. COX PACSES Case Number: 789107591 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest or enter an order in your absence. If paternity is an issue, the court may enter an order establishing paternity. The appropriate court officer may enter an order against either party based upon the evidence presented without regard to which party initiated the support action. BY THE COURT: Date of Order: l 1- )- `o JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 240-6225 . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Page 2 of 2 Form CM-509 Service Type M Worker ID 21302 `? °+ ?e ?? N ?'_' ? -tr ??? ? ? ? ? ?? ? '? .-c .?'" In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION RHONDA A. COX ) Docket Number 05-2920 CIVIL Plaintiff ) VS. ) PACSES Case Number 789107591 JIMMY E. COX ) Defendant ) Other State ID Number ORDER OF COURT You, JIMMY E. Cox plaintiff/defendant of 12 N OLD STONEHOUSE RD, CARLISLE, PA. 17015-9773-12 are ordered to appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 before a hearing officer of the Domestic Relations Section, on the JANUARY 4, 2007 at 8.3 OAM for a hearing. You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. verification of child care expenses, and 4. proof of medical coverage which you may have, or may have available to you 5. information relating to professional licenses 6. other: Service Type M Form CM-509 Worker ID 21302 COX PACSES Case Number: 789107591 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest or enter an order in your absence. If paternity is an issue, the court may enter an order establishing paternity. The appropriate court officer may enter an order against either party based upon the evidence presented without regard to which party initiated the support action. BY THE COURT: Date of Order: l?- ?- -,7--o (o JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. v• COX CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 240-6225 . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Service Type M Page 2 of 2 Form CM-509 Worker ID 21302 7AY co Mal p y" 717-243-6486 SAIDIS SHUFF FLOWER 360 P02 NOV 13 '06 11:31 NOV-13-06 10:2& FROM-Lunberlurw t.ountY uuneem. mawLi win " ,... _. Na , ?s - Sao C• via 1 4 CUMBERLAND COUNT'' DOMESTIC RELATIONS Date of Application: f ???s ?o(o Request for Support Record Search Nance:: ?l- Address: / AC /9 Lr_ A I 70y3 Social Security Number .2,26 ,23 74-0 7 ,O.B.: -- Domestic Relations Case Number if Known: '/ /G? J d- . ??!p ?.7 y Party Requesting Information: Cdr s_,elv _. ?? , i.;d WAng (Prmt Name of Firm Name) (t' Number) ( ) (Fax Number) - ?S12 A Twvaty Dollar (Sa0.00) Fee is Due per Social Security Number Make check or moM order payable to: DRSILiea Search -C . INXTL4L REQUEST Has no Record in Domestic Relations as of. _ Support Arrears as of End of Month Prior to Date of Application: S ? 00 c?)5 - Monthly Total Support Obligation: S a . ©O /,n_o n?F, The Amount dump above is reflected in the Domestic Relations Section Office of Cumberland County, Pennsylvania. M cm b tr ;W _;510 q 10,0 & 35 Domestic Relations Case Number- Pa C5 ¢.S --W- '1 ? 910 -7591 Signed: GA& ^ (Lien Searct? CoorcLnatar) (pare) BRING-DOWN REQUEST Support Arrears: $ As Of Signed: akn Camrdimar) (Date) (1DaCe) ?` * * Lien Satisfisfaction Receipt Available Upon Request* * * CC720 ?C, Jf i"S [t en SpGyrCk -"\anV5 _ a Q? 2 ? 3, ? ' RHONDA A. COX, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION JIMMY E. COX, PACSES NO. 789107591 Defendant DOCKET NO. 05-2920 CIVIL INTERIM ORDER OF COURT AND NOW, this 4th day of January, 2007, 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 interim order of November 7, 2006 is affirmed as a final order. IMPORTANT LEGAL NOTICE PARTIES MUST WITHIN SEVEN DAYS INFORM THE DOMESTIC RELATIONS SECTION AND THE OTHER PARTIES, IN WRITING, OF ANY MATERIAL CHANGE IN CIRCUMSTANCES RELEVANT TO THE LEVEL OF SUPPORT OR THE ADMINISTRATION OF THE SUPPORT ORDER, INCLUDING, BUT NOT LIMITED TO, LOSS OR CHANGE OF INCOME OR EMPLOYMENT AND CHANGE OF PERSONAL ADDRESS OR CHANGE OF ADDRESS OF ANY CHILD RECEIVING SUPPORT. A PARTY WHO WILLFULLY FAILS TO REPORT A MATERIAL CHANGE IN CIRCUMSTANCES MAY BE ADJUDGED IN CONTEMPT OF COURT AND MAY BE FINED OR IMPRISONED. PENNSYLVANIA LAW PROVIDES THAT ALL SUPPORT ORDERS SHALL BE REVIEWED AT LEAST THREE (3) YEARS IF SUCH A REVIEW IS REQUESTED BY ONE OF THE PARTIES. A MANDATORY INCOME ATTACHMENT WILL ISSUE UNLESS THE DEFENDANT IS NOT IN ARREARS IN PAYMENT IN AN AMOUNT EQUAL TO OR GREATER THAN ONE MONTH'S SUPPORT OBLIGATION AND (1) THE COURT FINDS THAT THERE IS GOOD CAUSE NOT TO REQUIRE IMMEDIATE INCOME WITHHOLDING; OR (2) A WRITTEN AGREEMENT IS REACHED BETWEEN THE PARTIES WHICH PROVIDES FOR AN ALTERNATE ARRANGEMENT. DELINQUENT ARREARAGE BALANCES MAY BE REPORTED TO CREDIT AGENCIES. ON AND AFTER THE DATE IT IS DUE, EACH UNPAID SUPPORT PAYMENT SHALL CONSTITUTE A JUDGMENT AGAINST YOU. IT IS FURTHER ORDERED THAT, UPON PAYOR'S FAILURE TO COMPLY WITH THIS ORDER, PAYOR MAY BE ARRESTED AND BROUGHT BEFORE THE COURT FOR A CONTEMPT HEARING; PAYOR'S WAGES, SALARY, COMMISSION, AND/OR INCOME MAY BE ATTACHED IN ACCORDANCE WITH LAW. The parties are hereby advised that they may file written exceptions to the Support Master's Report and Recommendation within twenty (20) days of this order. Exceptions shall conform with the requirements of Rule 1910.12(f), Pa. R.C.P. If written exceptions are filed by any party, the other party may file exceptions within twenty (20) days of the date of service of the original exceptions. If no exceptions are filed within twenty (20) days of this interim order, this order shall then constitute a final order. By the Court, <? -- ?? Edwdrd.E. G *&, J Cc: Rhonda A. Cox Jimmy E. Cox Hannah Herman-Snyder, Esquire For the Plaintiff DRO RHONDA A. COX, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOMESTIC RELATIONS SECTION JIMMY E. COX, PACSES NO. 789107591 Defendant DOCKET NO. 05-2920 CIVIL SUPPORT MASTER'S REPORT AND RECOMMENDATION Following a hearing held before the undersigned Support Master on January 4, 2007, the following report and recommendation are made: FINDINGS OF FACT 1. The Plaintiff is Rhonda A. Cox, who resides at 2249 Kathrine Street, Ft. Myers, Florida. 2. The Defendant is Jimmy E. Cox, who resides at 12 Old Stonehouse Road, Carlisle, Pennsylvania. 3. The parties are in the process of divorce. 4. By order dated October 13, 2005 the Defendant was found to have an obligation to pay the Plaintiff the sum of $753.00 per month in alimony pendente lite! 5. On October 12, 2006 the Defendant filed a petition to modify said order. 6. The Defendant continues to be employed as a driver by Roadway Express. 7. The Defendant has earned $54,233.93 through the pay period ending December 16, 2006. 8. The Defendant continues to have a child support obligation of $600.00 per month. 9. The Defendant continues to pay union dues of $54.00 per month. 10. The Defendant files his federal income tax return as married/separate. 11. The Defendant no longer resides in the marital residence because it was sold in November, 2006. 12. The Plaintiff continues to be employed by the State of Florida. ' Said order was based upon the Defendant having a net monthly income at that time of $4,043.61 and the Plaintiff having a net monthly income of $1,560.24. EXHIBIT "A" 13. The Plaintiff has received a promotion and pay raises since the entry of the order in October, 2005. 14. Since October, 2006 the Plaintiff has earned a monthly salary of $2,233.38. 15. The Plaintiff s college-aged daughter resides with her on a part-time basis. 16. The Plaintiff files her federal tax return as head of household and claims her daughter as a dependency exemption. DISCUSSION A party seeking to modify a support order has the burden of demonstrating that a material and substantial change of circumstances has occurred since the entry of the order to justify a modification. Samii v. Samii, 847 A.2d 691 (Pa. Super. 2004). The testimony revealed both an increase in the Plaintiffs income and a decrease in the Defendant's income. A modification of the order is justified. The Plaintiff because of pay raises and a promotion has had a monthly salary of $2,233.38 since October 2006, the month in which the petition for modification was filed. With a tax filing status as head of household with one child claimed as a dependency exemption, the Plaintiff has a net monthly income now of $1,949.00.2 The Defendant's gross income in 2006 has averaged $4,700.00 per month. Filing his federal tax return as married/separate, the Defendant has net monthly income for support purposes of $3,378.00.3 With net monthly income for the Defendant of $3,378.00 and for the Plaintiff of $1,949.00, and with the Defendant having a child support obligation of $600.00 per month, the Defendant's obligation for alimony pendente lite calculated pursuant to the guidelines is $332.00 per month.4 This is a nominal difference from the amount set in the interim order entered on November 7, 2006. Consequently a recommendation is made that the interim order of November 7, 2006 be affirmed as a final order. z See Exhibit "A" for tax deductions. Florida has no state or local income tax. s See Exhibit "A" for tax deductions from gross income. a See Exhibit "B" for the guideline calculation. 2 RECOMMENDATION The interim order of November 7, 2006 is affirmed as a final order. ? ? GUS to Michael R. Rundle Support Master In the Court of Common Pleas of Cumberland County, Pennsylvania Tax Detail Report Plaintiff Name: Rhonda A. Cox Defendant Name: Jimmy E. Cox Docket Number: 05-2920 Civil PACSES Case Number: 789107591 Other State ID Number: Tax Year: Current: 2006 Defendant Plaintiff 1. Tax Method 1040 ES Manual 2. Fling Status Married Filing Separately Head of Household 3. Who Claims the Exemptions Customize 4. Number of Exemptions 1 2 5. Monthly Taxable Income $4,700.30 $2,233.38 6. Deductions Method 7. Deduction Amount $429.17 $629.17 8. Exemption Amount $275.00 $550.00 9. Income MINUS Deductions and Exemptions $3,996.13 $1,054.21 10. Tax on Income $712.16 $113.34 11. Child Tax Credit - - 12. Manual Adjustments to Taxes - - 13. Federal Income Taxes $712.16 $113.34 13 a. Earned Income Credit - $114.42 14. State Income Taxes $148.53 - 15. FICA Payments $359.57 $170.85 16. City Where Taxes Apply --Select-- Local Income Taxes $47.00 - TOTAL Taxes $1,267.26 $284.19 SuppodCak 2006 EXHIBIT "A" In the Court of Common Pleas of Cumberland County, Pennsylvania Spousal Support Calculation Rule 1910.16 (PACSES FORMAT) Plaintiff Name: Rhonda A. Cox Defendant Name: Jimmy E. Cox Docket Number: 05-2920 Civil PACSES Case Number: 789107591 Other State ID Number: 1. Obligor's Monthly Net Income 2. Less All Other Support 3. Less Obligee's Monthly Net Income 4. Difference 5. Less Child Support Obligation for Current Case 6. Difference 7. Multiply by 30% or 40% 8. Income Available for Spousal Support 9. Adjustment for Other Expenses 10. AMOUNT OF MONTHLY SPOUSAL SUPPORT OR APL Prepared bv: mrr supportCak 2006 $3,378.04 $600.00 $1,949.19 $828.85 $828.85 40.00% $331.54 1.54 Date: 1/4/2007 EXHIBIT "B" D %'- Co RHONDA A. COX, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOMESTIC RELATIONS SECTION JIMMY E. COX, PACSES NO. 789107591 Defendant DOCKET NO. 05-2920 CIVIL INDEX OF EXHIBITS Plaintiff s Exhibit No. I - Petition for Special Relief Plaintiff's Exhibit No. 2 - Earnings statement Plaintiff's Exhibit No. 3 - 2005 federal tax return Plaintiff's Exhibit No. 4 - Order of Court Defendant's Exhibit No. I - Earnings statement RHONDA A. COX, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 05-2920 CIVIL TERM JIMMY E. COX, : CIVIL, ACTION - LAW Defendant : IN DIVORCE RULE TO SHOW CAUSE AND NOW, to wit, this day of , 2006, upon consideration of Plaintiff's Petition for Special Relief, a Rule is by issued upon the Defendant to show cause, if any, why the relief requested should not be granted. RULE RETURNABLE DAYS FROM SERVICE. BY THE COURT: Dated: J TRUE COPS tin Testimony v,-1'c e0- and t //seal of S?ay Thi l.l........ PLAINTIFF'S EXHIBIT v ? E h- t , u lto set my hand L\Client Directory\Cox-R\Pleadings\L_. rce Pleadings\Petition for Special Relief.wpd MARIA P. COGNETTI & ASSOCIATES E RISTOPHER T. SMULL, ESQUIRE Attorney I.D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff RHONDA A. COX, Plaintiff V. JIMMY E. COX, Defendant April 20, 2006 .. i-a IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2920 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PETITION FOR SPECIAL RELIEF SEEKING IMMEDIATE SALE OF THE MARITAL RESIDENCE PURSUANT TO PA.C.S.A &3323(F) AND NOW, comes the Plaintiff, Rhonda A. Cox, by and through her attorney, Kristopher T. Smull, Esquire, and files the following Petition for Special Relief, and in support thereof avers as follows: 1. Petitioner is Rhonda A. Cox (hereinafter "Wife"), an adult individual, currently residing at 12750 Equestrian Drive, Apartment 3008, Fort Myers, Florida 33907. 2. Respondent is Jimmy E. Cox (hereinafter "Husband"), an adult individual, currently residing at 81 Appalachian Drive, Carlisle, Cumberland County, Pennsylvania 17013. 3. The parties are the owners, as tenants by the entireties, of the real estate situated at 81 Appalachian Drive, Carlisle, Cumberland County, Pennsylvania ("the Marital Residence") 4. The parties were married on December 29, 2000 and separated on or about May 11, 2005 when Wife left the marital home. 1:\ClientDirectory\Cox-R\Pleadings\I,.,orce PleadingsTetition for Special Relie£wpd April 20, 2006 5. Wife filed a Complaint in Divorce to the above term and number on June 7, 2005 seeking Divorce, Equitable Distribution, Alimony Pendente Lite, Alimony and Counsel Fees and Costs. 6. Wife relocated to Florida in June of 2005 and continues to reside there. 7. Since Wife's departure from the property in May 2005, Husband has been in sole and exclusive control of the Marital Residence. 8. On or about March 31, 2006 Wife was served with a Complaint in Mortgage Foreclosure for the Marital Residence filed on behalf of the primary mortgage holder, M&T Mortgage Corporation. A true and correct copy of said Complaint is attached hereto, made a part hereof and marked Exhibit "A." 9. Pursuant to said Complaint Husband has not made a mortgage payment since September 2005 and owes a total of $7,600.17 in interest, fees and penalties. 10. Until service of said Complaint Wife was unaware that the monthly mortgage payments were not being made on the Marital Residence. 11. The Marital Residence is the primary marital asset available for distribution and Husband's failure to make the monthly mortgage payments has put the property at risk of being lost. 12. Wife seeks an Order of Court requiring that the property be immediately listed for sale and ordering that all interests, penalties and fees be the sole responsibility of Husband. MClient Directory\Cox-R\Pleadings\L..,rce PleadingsTetition for Special Relief.wpd April 20, 2006 13. Section 3323(f) of the Divorce Code states that: In all matrimonial causes, the court shall have full equity power and jurisdiction and may issue injunctions or other orders which are necessary to protect the interest of the parties or to effectuate the purposes of this part and may grant such other relief or remedy as equity and justice requires against either party or against any third person over whom the court has jurisdiction and who is involved in or concerned with the disposition of the cause. WHEREFORE, Plaintiff requests this Honorable Court: (a) Order that the Marital Residence be immediately listed for sale with a realtor of Wife's choosing and at a price recommended by said realtor; (b) Order Husband to be solely responsible for all interests, penalties and fees accrued due to his failure to make the monthly mortgage payment on the Marital Residence; (c) Order Husband to cooperate fully with the realtor in showing the Marital Residence; (d) Order that no reasonable offer, within 10% of the listing price, be rejected by either party; (e) Order that Husband pay Wife's reasonable counsel fees of $1,000.00 for the preparation and presentation of this Petition; and (fl Any other relief that the Court shall deem just and proper. Respectfully Submitted: Date: I (-?Ojcl6 MARIA P. OGNETTI & ASSOCIATES By: KPd.S ' 9PPHER T. SMULL, ESQUIRE Attorney I.D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff VERIFICATION I, Rhonda A. Cox, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn verification to authorities. Date: ?Jfl ?b Rhonda A. Co PHELAN HALLINAN & SCB IIEG; LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS -S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER. PLAZA, SUITE 1400 PHII,;ADELPHIA_,?-A 19103 Q IQ 563-7600 M&T MORTGAGE CORPORATION ONE FOUNTAIN PLAZA 7TH FLOOR - DEFAULT BUFFALO, NY 14203 V. Plaintiff ATTORNEY FOR PLAIAITIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. d( -A9k CUMBERLAND COUNTY JIlVIMY E. COX F-77VED A 44-i RHONDA A. CALDERON g .trD Prn A/K/A RHONDA A COX £- DY r dd L _? 81.APPALACIiIAN DRIVE S= _ _F _ LT_ ? ??.a'tJ d ate' CARLISLE, PA 17013 2z. C. :i -4. Ty el?, IFF APPOINTED-j t] SERVER _ Defendants r CrM ACTION - LAW - U ; COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money, claimed in the complaint or for any other claim or relief requested by the plaintiff You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE_ IF YOU DO NOT T_-IAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU W= INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 -lie hereby within 'to . a tie and = ti fi 0 11100y Of the File #: 130084 `4" PI3ELAN HALLINAN" & SCFIl1lF?G; LT.P LAWRENCE T_ PHELAN, ESQ., Id. No. 32227 -FRANCIS S. E ALL NAN, ESQ., Id. No: 62695 ONE PENN-CENTER PLAZA, SUITE 1400 PHRADE PIRA; PA 19103 .4215) 563-700.0 M&T MORTGAGE CORPORATION ONE FOUNTAIN PLAZA 7TH FLOOR - DEFAULT BUFFALO, NY 14203 Plaintiff V. JIMMY E. COX RHONDA A. CALDERON ATJA RHONDAA COX 81 APPALACHIAN DRIVE CARLISLE, PA- 17013 Defendants- ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth. against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW_ THIS OFFICE CAN PROVIDE YOU, WITH INFORMATION ABOUT HIRING A LAWYER IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES TART MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 Fite.#: -130084 IF THIS IS THE FIRST-NOTICE THAT YOU HAVE RECEIVED FROM TMS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBTCOLLECTION . PRACTICES ACT, 15 U.S.C. § 1692 et se q__ (1977), DEFENDANT(S)MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WlTH rrlM VACATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE,-IF REQUESTED WITHIN 'I IRTV (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLA]NVTTFF'WILL SEND DEFENDANT(S) . THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVF_ THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE - SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. I.M RTHERMORE, NO REQUEST WELL BE MADE TO THE-COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED-THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD -THAT BEGINS 'UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US. TO_ CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A THEN ON REAL ESTATE. File #: 130094 2. The name(s) and last known address(es) of the Defendant(s) are: JAR" E. COX RHONDA A. CALDERON A/R/A RHONDA A COX 81 APPALACHIANDRIVE CARLISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 10/23/2000 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No_ 1647, Page: 203. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon- said mortgage due 10/01/2005 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are- collectible forthwith. File #: 130084 6. The following amounts are due on the mortgage: Principal Balance' $114,388-82- Interest 5,016:$4 09101/2005 through 03/1312006 (Per Diem $25.86) Attorney's Fees 1,225.00 Cumulative Late Charges 502.64 10123/2000 to 03/1312006 Cost of Sint and Title Search $.550.00 Subtotal $121,683.30 Escrow Credit 0.00 Deficit 305.69 Subtotal $ 305.69 TOTAL $121,988.99 7. Tlae attcmey?s fees set faath above are in conformity with the mortgage documexits and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the-Mortgage is reinstated prior to the Sale, reasonable attorneys fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) :set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency- 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. SORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 121,988.99, together with interest from 03/13/2006 at the rate of$25.86 per diem to the date of - Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHE .AN 11 ?NAN & SCEAMG, LLP By: /s/Ftmcis S. Hallinau LAWRENCE T. PHELAN, ESQUIRE FRANCES S. HA7 T 7NAN, ESQUIRE Attorneys for Plaintiff File #: 130094 LEGAL DD+ SC RIMON TE-? ive+Ynra:iu+xaa"{-n rF. q,+-,O? .y! ...F .E ?.f..L Fi 1--.y? Fti S.'? ? wtasr iivve of ero]Tn T4x" i _ F _ -Y•ii ]Y14IL itiiYVYLit1L3Et? t_e-reon-- erec?.?+ir?. sitnE_ E'Ff?i I.FV i?tF EYES4jSfi y]j. A E2SS-11 C-f h¢.[ie z vt?i7E.,.-.i7 etl3.]. rctt..eP..et.? .slid. .?sesv •ivvic M. 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DIa?.•?:., and d .•. i c`TS "ti"visr o-. rvi;.•fcl iy vi ix'1.L-. S_ a _ .1 are..: now or foftn.,;iy o`z E.L. .sESttd t3:,u,.:133 riCgre;.is Ol if3ii°5ute iv S€csi3sds East, 72-TO fit tor. mme PAZ 4r.G t ]--fight y ke f -isi?T]-_a1T`_?>_'} ?,?° ..i' T'. a' 's ?Y3 --T rn a 1r0i3 PAZ Set 0a. the k='i..'?i-_miy or way ? 0 s Mi Tzgzt of way s`sxrw ?y. ri^2r vi :s ?*uvi?t's rA +..•* i 3- J 3 and ?y4 !v iAA1--- - S'??; To?1i'``3.,. e S uth tj'= VUL 0 ?il -..,.•tl in e EJorii .1' dte ees Jl 1S3"ia3U 3 3 se to S East, 5.9-4 feet r`wt an irk: u s& on the ecastaer-3v_ rim -f-way t3'F of said Appal?- l p of line yr :[";."-°-'-s nor::, or for of q--? tr--?,?en &m the - l- f d2? ,Efsvti .raY ; is.rrriis?`.a°. by 1 t?rnds now ???-"'I"4;eilj o.x Stephen :al£? Siisvy, South 33 degrees 01 minxuGrs 30 seconds Easst 11022, _50. Red to . an -iron pin set at line of lands now o f?of Roland', D. Psal=m; thence by lands now or formerly of Roland D. Fenton, South 52 degrees 05 minutes 50 swords West,135MI feet to an iron pin set at the northerly side of the right of way of the Pennsylvania Turnpilie, Interstate 76; thence by said right of way line of the Pennsylvania Turnpile, North 60 degrees 29 minutes 50 seconds West, 42.16 feet to an iron pin set at the easterly right of way line of Appalachian Drive (T-573); thence crossing the dedicated 50 feet wide right of way and roadway of said Appalachian Drive, and the Silver Spring-Middlesex Township line,Nortli 60 degrees 29 minutes 50 seconds West, 50.01 feet to an iron pin set on the westerly right of way line of Appalachian Drive (T-573); thened eantinuingby ftn edyside of #henght of way e of the Pennsylvania T pike, North 60 degrees 29-minutes 50 seconds West, 322.18 feet to an iron pipe at line of Winds -now or formerly of Fred L. Wilson; thence by lauds now or formerly of Fred L. Wilson, North 35 degrees 18 minutes East, 100.00 feet to an iron pin set at the dividing line between Lot No. 1 and Lot No. 2 of aforesaid subdivision plan; thence along the dividing line between said Lot No. 1 and Lot No. 2, South 60 degrees 29 mutes 50 seconds East, 21228 feet to an iron pin set in the 25 feet wide private right of way between aforementioned Lot No. 1 and Lot No. 2; thence in and along said 25 feet wide private right of way, North 45 degrees 55 minutes 45 seconds East, 13735 feet to an iron pin set at line of lands now or formerly of Es.. Sunday, the point and place of BEGINNING. CONTAINING 52,043 square feet; more or less. BEING all of Lot No. 2 on the Final Subdivision Plan for Scott A. Diven recorded as aforesaid. BEING improved with a two story block dwelling known and numbered as 81 Appalachian Drive, Carlisle, Pennsylvania 17013. BEING that same real estate that Scott A. Diven and Robyn A. Diven, husband and wife, by their deed dated July 30, 1991 and recorded-in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book T', Volume 35 at Page 1184, conveyed to William E. Maring and Lisa Maring; husband and wife, Grantors herein. File #: 130084 HUNM S. HMt N, ESQUWE her6by states the is fey for PyAit+l'i f in this matter, that Plaintiff is outside the jmisdiction ofthe court and or the Verification could not be obtained the time allowed for the filing on the pleading, that he is autborized to mare -this verification pmsuantto Pa. R C_ P.1024 ( e ) and that the statements made in the foregoing Civil Action hi mortgage Foreclosare are based upon infvmiation supplied by Plaintiff and are true, and correct to the best of bis knowledge, information and belief Furthermore, it is counsel's ntention- to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to. unworn falsification to authorities_ J Jee _- FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: y M IAClient Directory\Cox-R\Pleadings\t,,.orce Pleadings\Petition for Special Relief.wpd CERTIFICATE OF SERVICE Apr-i120, 2006 I, Kristopher T. Smull, Esquire, Attorney for the Plaintiff herein, do hereby certify that on this date I served the foregoing Petition for Enforcement for Special Relief by depositing a true and exact copy thereof in the United States mail, first class, postage prepaid, addressed as follows: Jeanne B. Costopoulos, Esquire 3803 Gettysburg Road Camp Hill, PA 17011 MARIA P. COGNETTI & ASSOCIATES Date: By: I / KRI T P ER T. SMULL, ESQUIRE Attorney I.D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff Nov 07 06 04:15p RHONDA A COX 4 Earnings Statement. State of Florida Employee Information Center STATE OF FLORIDA DEPARTMENT OF REVENUE EMPLOYEE EARNINGS STATEMENT (239)275-3998 p.12 rage 1 ui i RHONDA COX Id Number = XXX - XX - 3356 Pay Period = 711/2006 - 713112006 EFT No. = 0278361 Pay Date = 7/31/2006 THIS PAYMENT YTD PAYMENTS REGULAR WAGES 2,168.33 13,664.60 OTHER AMOUNTS: OVERTIME .00 135.96 TOTAL INCOME 2,168.33 13,800.56 LESS: MEDICARE TAX 29.73 190.41 SOCIAL SECURITY 127.14 614.17 WITHHOLDING TAX 243.85 1,529.62 OTHER DEDUCTIONS 117.69 822.87 NET PAY: $1,549.92 $10,443.49 STATE HEALTH INS--EMPLOYER CONTRIO 346.16 2,423.12 STATE UFE INS-EMPLOYER CONTRIS 4.85 29.09 DEDUCTIONS: 44 PTO ST LIFE INS-FT EMP'E CTRS 1.69 6.76*" 49 PTB STATE HEL INS-FT EMP'E CTRS 50.00 200.00"* 102 PTB CANCER WS 37.50 262.50*** 106 PTB STATE ENDORSED DENTAL PLAN 28.50 199.50"* 790 ST LIFE INS-FT EMP'E CTRS .00 4.11 799 STATE HEL IN-FT EMPE CTRS _00 150.00 * Employer Not Required to Withhold Tax ' Items Not in Net Pay *** Tax Sheltered https-., /apps.fldfs.com/EIGEmployeelnfoCenterlEarningsStatement.aspx?WarrantDate=7/... I 117/2006 Nov 07 06 04:15p RHONDA A COX . Eamings Statement, State of Florida Employee Information Center STATE OF FLORIDA DEPARTMENT OF REVENUE EMPLOYEE EARNINGS STATEMENT (239)275-3998 p.11 Page i oz i RHONDA COX Id Number = XXX - XX - 3366 Pay Period = 81112006 - 813112006 EFT No. = 0589944 Pay Date = N3112006 THIS PAYMENT YTD PAYMENTS REGULAR WAGES 2,168.33 15,832.93 OTHER AMOUNTS: OVERTIME TOTAL INCOME LESS: .00 2,158.33 135.96 15,968.89 MEDICARE TAX 29.74 220.15 SOCIAL SECURITY 127.14 941.31 VWTHHOLDING TAX 243.85 1,773.47 OTHER DEDUCTIONS 117.69 940.56 NET PAY' $1,649.91 $12,093.40 STATE HEALTH INS-EMPLOYER CONTRIB 348.16 2,769.28 STATE LIFE INS-EMPLOYER CONTRIB 4.65 33.94 DEDUCTIONS: 44 PTB ST LIFE INS-FT EMP'E CTRS 1.69 8.45"" 49 PTB STATE HEL INS-FT EMP'E CTRS 50.00 250.00'** 102 PTB CANCER WS 37.50 300.00'"* 106 PTB STATE ENDORSED DENTAL PLAN 28.50 228.00"" 790 ST LIFE INSET EMP'E CTRS .00 4.11 799 STATE HEL IN-FT EMP'E CTRB .00 150.00 " Employer Not Required to Withhold Tax " Items Not in Net Pay "* Tax Sheltered https:!!apps.Rdfs.comlEIClEmployeelnfoCenter/Earnings8tatement. aspx?WarrantDate=8/... 1117/2006 Nov 07 06 04:15p RHONDA A COX Earnings Statement, State of Florida Employee Information Center STATE OF FLORIDA DEPARTMENT OF REVENUE EMPLOYEE EARNINGS STATEMENT (239)275-3998 p.10 rage i of i RHONDA COX Id Number = XXX - XX - 3366 Pay Period = 9/11/2006 - 9/302006 EFT No. = 0885759 Pay Date = 9/2912006 THIS PAYMENT YTD PAYMENTS REGULAR WAGES 2,168.33 18,001.26 OTHER AMOUNTS: OVERTIME TOTAL INCOME LESS: .00 454.98 2,168.33 18,456.24 MEDICARE TAX 29.74 254.51 SOCIAL SECURITY 127.14 1,086.23 WITHHOLDING TAX 243.85 2,065.17 OTHER DEDUCTIONS 117.69 1,058.25 NET PAY: $1,649.91 $13,890.08 STATE HEALTH INS-EMPLOYER CONTRIS 346.16 3,115.44 STATE LIFE INS-EMPLOYER CONTRIB 4.85 38.79 DEDUCTIONS: 44 PTB ST LIFE INS-FT EMP'E CTRB 1.69 10.14' 49 PTB STATE HEL INS-FT EMP'E CTRS 50.0D 300.00' 102 PTB CANCER INS 37.50 337.50*" 106 PTB STATE ENDORSED DENTAL PLAN 28.50 256.50"" 790 ST UFE INS-FT EMP'E CTRB .00 4.11 799 STATE HEL IN-FT EMP'E CTRS .00 150.00 ' Employer Not Required to Withhold Tax ** Items Not in Net Pay '"' Tax Sheltered https:l/apps.fldfs.comlElClE nployeelnf6CenterlEamingsStatement.aspx9WarrantDate=9l... 1117n006 Nov 07 OF 04:14p RHONDA A COX Earnings Statement, State of Florida Employee Information Center STATE OF FLORIDA DEPARTMENT OF REVENUE EMPLOYEE EARNINGS STATEMENT (239)275-3998 P.9 Page i or i RHONDA COX Id Number = XXX - XX - 3366 Pay Period = 1011/2006 - 1013112006 EFT No. = 1292265 Pay Date = 10/3112006 THIS PAYMENT YTD PAYMENTS REGULAR WAGES 2.23138 20,234-64 OTHER AMOUNTS: OVERTIME 00 567.57 TOTAL INCOME 2,233.38 20,802.21 LESS: MEDICARE TAX 30.67 286.81 SOCIAL SECURITY 131.17 1,226.38 WITHHOLDING TAX 253.60 2,335.65 OTHER DEDUCTIONS 117.74 1,175.99 NET PAY: $1,700.20 $15,777.38 STATE HEALTH INS-EMPLOYER CONTRIB 346.16 3,461.60 STATE LIFE INS-EMPLOYER CONTRIB 5.00 43.79 DEDUCTIONS: 44 PTB ST LIFE INS-FT EMP'E CTRB 1.74 11.88'*" 49 PTB STATE HEL INS-FT EMP'E CTRB 50.00 350.00" 102 PTB CANCER INS 37.50 375.00*" 106 PTB STATE ENDORSED DENTAL PLAN 28.50 285.00"`" 790 ST LIFE INS-FT EMP'E CTRB .00 4.11 799 STATE HEL IN-FT EMP'E CTRB •00 150.00 " Employer Not Required to Withhold Tax - items Not in Net Pay "" Tax Sheltered https://apps.fldfs.com/EIC/EmployeeInfoCenter/EarningsStatement_aspx?wanr ntDate=10... 11/7,"2006 Earnings Statement, State of Florida Employee Information Center Page Iof I STATE OF FLORIDA DEPARTMENT OF REVENUE EMPLOYEE EARNINGS STATEMENT RHONDA COX Id Number = XXX - XX - 3366 Pay Period = 111112006 - 11/30/2006 EFT No. = 1589032 Pay Date = 11/30/2006 THIS PAYMENT YTD PAYMENTS REGULAR WAGES 2,233.38 22,468.02 OTHER AMOUNTS: OVERTIME .00 567.57 TOTAL INCOME 2,233.38 23,035.59 LESS: MEDICARE TAX 30.68 317.49 SOCIAL SECURITY 131.17 1,357.55 WITHHOLDING TAX 253.60 2,589.25 OTHER DEDUCTIONS 117.74 1,293.73 NET PAY: $1,700.19 $17,477.57 STATE HEALTH INS-EMPLOYER CONTRIB 346.16 3,807.76 STATE LIFE INS-EMPLOYER CONTRIB 5.00 46.79 DEDUCTIONS: 44 PTO ST LIFE INS-FT EMP'E CTRB 1.74 13.62""` 49 PTO STATE HEL INS-FT EMRE CTRB 50.00 400.00*** 102 PTO CANCER INS 37.50 412.50*** 106 PTO STATE ENDORSED DENTAL PLAN 28.50 313.50'' 790 ST LIFE INS-FT EMP'E CTRB 00 4.11 799 STATE HEL IN-FT EMP'E CTRB .00 150.00 * Employer Not Required to Withhold Tax ** Items Not in Net Pay *** Tax Sheltered https:llapps.fldfs.conyEIClEmployeeinfoCenter/EarningsStatement.aspx? WarrantDate=11/ gd 966£-9LZ(6£Z) XOO V VONOHIJ 113=07 B"10 LO 170 uer Earnings Statement, State of Florida Employee Information Center Page 1 of 1 STATE OF FLORIDA DEPARTMENT OF REVENUE EMPLOYEE EARNINGS STATEMENT RHONDA COX Id Number = XXX - XX - 3366 Pay Period = 1211/2006 - 12/3112006 EFT No. = 1914212 Pay Date = 12129/2006 THIS PAYMENT YTD PAYMENTS REGULAR WAGES 2,233.38 24,701.40 OTHER AMOUNTS: OVERTIME .00 644.85 TOTAL INCOME 2,233.38 25,346.25 LESS: MEDICARE TAX 31.11 349.72 SOCIAL SECURITY 133.01 1,495.35 WITHHOLDING TAX 258,05 2,858.89 OTHER DEDUCTIONS 88.06 1,381.79 NET PAY: $1,723.15 $19,260.50 STATE HEALTH INS-EMPLOYER CONTRIS 346.16 4,153.92 STATE LIFE INS-EMPLOYER CONTRIS 5.00 53.79 DEDUCTIONS: 44 PTB ST LIFE INS-FT EMP'E CTRB 1.74 15.36'' 49 PTB STATE HEL INS-FT EMP'E CTRB 50.00 450.00'"* 102 PTB CANCER INS 00 412.50*" 106 PTB STATE ENDORSED DENTAL PLAN 29.36 342.86" 107 PTB STATE ENDORSED VISION PLAN 6.96 6.96"" 790 ST LIFE INS-FT EMP'E CTRB .00 4,11 799 STATE HEL IN-FT EMP'E CTRB .00 150.00 ` Employer Not Required to Withhold Tax `* Items Not in Net Pay " * Tax Sheltered https:llapps.fldfs.comUC lEmployecJnfoCenterlEmingsStatement.aspx?WarrantDate=l21.. 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P6tid ?+pNrNx , Daft cw*--v W "wpm -pr43pt us; Q* ........?. , Self 1? ywefaarw- no. s tror+4 8Z 39id *:M Sd3M lJ 99dL8LZ6£Z £O:eT SSGZ/L8/TT SO-S M874 Statt of Fkxido Tom G&%Qhw. CNN Frwan W Off am 200 E Gakm Shoo TaYahau". Florida 32398 -- 0356 =ON" cu 12750 ZOOM IEM CYl 30[ a FT KTMLS, FL 33907-750 B w-j WAGE AND TAX "' dd1?5 SYATEN ff CAM B To Yo F*d VAb Sm OwAWs FEDUW T. It b. TAM" illlt"1m11a11CN 1. WHO br6b%W b 04 1111• r%l ftV&Ko SNMie• 59 -SM874 Stale of Florida Tom Golootw, Chief Financial OMO 200 E Gaines Street TalshaSSee. Florida 32399 - 0.°l5tf RROMM Cox 1275 PT MYER?3390?17582OCM 3, ?T • 99 397.19 wyn dd "ON* mmmr WIMda s.,aa1.99 327.48 S,Z81.99 76.59 123 235.50 O Mi m0150-ow Dept. of the Trosswy - k *WW RCVWc Service wA3E ANO TAX 2005 Cmm4n16.,s.f W-am S?'AT?IT ?ws+rrl..amnlsm•r1m..iuMerlsrrwrwr.wanrm• rrsr FortS1Pl01fEE'86 wwpi•/bmiram.ww•uMnme•ar.rr?amn?••••mm•.w R.•Mr/o? v ?•?bMw6amerdCa?4 Mw?..?iwfwM?lrsslsirrm?f+rlmaal?mnt Cdl7C wk a>?+prai DGK of tNe Tam" - ln%mW R8Vt4ttttt3 Son*m £Z 39id 3SO Sd3AW ld 990LBLZ6£Z £0:0T 900Z/L8/TT RHONDA A. COX, Plaintiff V. JIMMY E. COX, Defendant .??;? ? ??. 206 _i IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2920 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE ORDER OF COURT AND NOW, to wit, this 7 ?-' day of -Qui4? , 2006, upon consideration of the attached Petition for Special Relief, it is hereby ORDERED and DECREED as follows: (a) The Marital Residence shall be immediately listed for sale with a realtor of Plaintiff's choosing and at a price recommended by said realtor; (b) Defendant shall be solely responsible for all interest, penalties and fees accrued due to his failure to make the monthly mortgage payment on the Marital Residence; (c) Defendant shall cooperate fully with the realtor in showing the Marital Residence; (d) No reasonable offer for the sale of the Marital Residence, within 10% of the listing price, shall be rejected by either party; the pfspafat4en.-md -126-4-4-ion. PLAIWTIFF'S EXHIBIT BY THE COURT: N TRUE COPY FROM RECORD is Todkwq whered. I We unto mg ttty hand and the d N said at Carusie, PL pie PreIhono { t J. MARIA P. COGNETTI & ASSOCIATES KRISTOPHER T. SMULL, ESQUIRE Attorney I.D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff/Petitioner RHONDA A. COX, Plaintiff/Petitioner v. n ^? c 71 = PQ 7D ' sv IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2920 CIVIL TERM JIMMY E. COX, : CIVIL ACTION - LAW Defendant/Respondent : IN DIVORCE MOTION TO MARE RULE ABSOLUTE AND NOW comes Petitioner, Rhonda A. Cox, by and through her attorney, Kristopher T. Smull, Esquire, and in support of her Motion to Make Rule Absolute, respectfully represents as follows: 1. On April, 25, 2006, Petitioner filed a Petition for Special Relief seeking the immediate sale of the marital residence. 2. On May 1, 2006, the Court entered a Rule to Show Cause against Respondent directing him to show cause why Petitioner's requested relief should not be granted. Said Rule was returnable for ten (10) days after service thereof. 3. Service of said Rule was made on attorney for Respondent, Jeanne B. Costopoulos, Esquire, by way of letter dated May 3, 2006. A true and correct copy of said letter is attached hereto, made a part hereof and marked Exhibit "A." 4. More than ten (10) days have elapsed since the service of the aforesaid Rule to Show Cause. 5. To date no responsive pleading has been filed by Respondent. WHEREFORE, Petitioner respectfully requests that this Honorable Court enter an order making its Rule Absolute, and grant the relief requested in Petitioner's Petition of April 25, 2006. Respectfully Submitted: Date: May 25, 2006 MARIA P. COGNETTI & ASSOCIATES By: VA AM STO ER T. SMULL, ESQUIRE Attorney I.D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff VERIFICATION I, Rhonda A. Cox, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn verification to authorities. Date: 51,,;L 51o?o Rhonda A. Cox CERTIFICATE OF SERVICE I, Kristopher T. Smull, Esquire, Attorney for the Plaintiff, Rhonda A. Cox herein, do hereby certify that on this date I served the foregoing Motion to Make Rule Absolute by depositing a true and exact copy thereof in the United States mail, first class, postage prepaid, addressed as follows: Jeanne B. Costopoulos, Esquire 3803 Gettysburg Road Camp Hill, PA 17011 MARIA P. ,OGNETTI & ASSOCIATES Date: May 25, 2006 By: I KRISTOPHER T SMULL, ESQUIRE Attorney I.D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff ?Yujlrl W r v 0 ?x Q. Who M 5 c bc?° A o O• A M fD eD ?D A N - M .v M q A N .N-? N ? N C ? rnc ? ?O ? m0 A F C J ° m O ° N V Fr !Sc p,, a. X N N o N ? A rn ? A N w ? ?3 W W W G X X 4 O m ? U A [ ? W W W v N y , : m ? O a A ? U F .r m vv+y m .? g m m m a a a i tiNMa ----N na?' - ?ti N ? m a 4 m W in m m n? m o ? A r? O 10 1? ?D t0 A. tp. ?O ? rn A v 0 d? N fD N Oi.. ? IXl - rn M M H ?Yy, N ? . , V N. m N N ? A a a ? O O O O I ? 1 x O O O O .-? v ry p p ? M to ^i 4 ? M N M I 1 J . 0. u A v ?M x ro u E- ?! O x o ? m A IWO ? F [a : ra ro .Y ? W ..r U .-i 'O I C T i-a m 6 V H ro N O O .y A ? ? ? C ¢ Z H G1 0. Z ?+ ro s , C. T> Y, T T c W e v ? u T C. ro ti ro • .J r • ?", k. C-n In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION 13 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA. 17013 Defendant Name: JIMMY E. Cox Member ID Number: 3564100635 Please note: All correspondence must include the Member ID Number. ORDER OF ATTACHMENT OF UNEMPLOYMENT COMPENSATION BENEFITS Financial Break Down of Multiple Cases on Attachment Plaintiff Name BARBARA A. COX RHONDA A. COX PACSES Docket Case Number Number 310102724 00885 S 2000 789107591 05-2920 CIVIL Attachment Amount/Freauenc $ 600.00 /MONTH $$$ 342.00 MONTH / / S I TOTAL ATTACHMENT AMOUNT: $ 942.00 Now, by Order of this Court, the Department of Labor and Industry, Bureau of Unemployment Compensation Benefits and Allowances (BUCBA), is hereby directed to attach the lesser of $ 217.3 8 per week, or 5 0 %, of the Unemployment Compensation benefits otherwise payable to the Defendant, JIMMY E. COX Social Security Number 2 2 6- 2 3- 7 5 0 7, Member ID Number 3564100635 . BUCBA is ordered to remit the amount attached to the Department of Public Welfare (DPW). DPW shall forward the amount received from BUCBA to the Domestic Relations Section of this Court for support and/or support arrearages. If the Defendant's Unemployment Compensation benefits are attached by another Court or Courts for support and/or support arrearages, DPW may reduce the amount attached under this Order so that the total amount attached does not exceed the maximum amount subject to garnishment pursuant to 15 U. S. C. § 1673 (b)(2) and 23 Pa. C.S.A. § 4348 (g). This Order shall be effective upon receipt of the notice of the Order by the BUCBA and shall remain in effect until the Defendant's entitlement to Unemployment Compensation benefits, under the Application for Benefits dated JANUARY 2 8, 2 0 0 7 is exhausted, expired or deferred. BUCBA shall comply with this Order, unless it is amended or vacated by subsequent Order of this Court. All questions, challenges or obligations to this Order shall be directed to the Domestic Relations Section of this Court. Date of Order: MAR 0 6.2007 BY THE COURT JUDGE Service Type M Form EN-530 Worker ID $ IATT ? ? ? <'r __.: ?.?. ? -c, ???; ? ? ? "?' L?? ..' j' ". '_ ?"iaa y?;'? r?, r ? ?1 ? ? - s 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 Defendant Name: JIMMY E. COX Member ID Number: 3564100635 Please note: AR correspondence mast include the Member ID Number. MODIFIED ORDER OF ATTACHMENT OF UNEMPLOYMENT BENEFITS Financial Break Down of Multiple Cases on Attachment Plaintiff Name BARBARA A. COX RHONDA A. COX PACSES Docket Case Number Number 310102724 00885 S 2000 789107591 05-2920 CIVIL Attachment Amount/Frequency $ 600.00 /MONTH $$$ 342.00 MONTH / / TOTAL ATTACHMENT AMOUNT: $ 942.00 Now, by Order of this Court, the Department of Labor and Industry, Bureau of Unemployment Compensation Benefits and Allowances (BUCBA), is hereby directed to attach the lesser of $ 217.3 8 per week, or 5 0.0 %, of the Unemployment Compensation benefits otherwise payable to the Defendant, JIMMY E. COX Social Security Number 2 2 6- 2 3- 7 5 0 7, Member ID Number 3564100635 . BUCBA is ordered to remit the amount attached to the Department of Public Welfare (DPW). DPW shall forward the amount received from BUCBA to the Domestic Relations Section of this Court for support and/or support arrearages. If the Defendant's Unemployment Compensation benefits are attached by another Court or Courts for support and/or support arrearage, DPW may reduce the amount attached under this Order so that the total amount attached does not exceed the maximum amount subject to garnishment pursuant to 15 U.S.C. § 1673(b)(2) and 23 Pa. C.S. § 4348(g). This Order shall be effective upon receipt of the notice of the Order by the BUCBA and shall remain in effect until the Defendant's entitlement to Unemployment Compensation benefits, under the Application for Benefits dated JANUARY 2 8, 2 0 0 7 is exhausted, expired or deferred. BUCBA shall comply with this Order, unless it is amended or vacated by subsequent Order of this Court. All questions, challenges or obligations to this Order shall be directed to the Domestic Relations Section of this Court. BY THE COURT Date of Order: MAR 2 9 2007 DRO: R.J. Shadday Service Type M Edward E. GUido, JUDGE Form EN-034 Worker ID $ IATT T c ° - rs 1 7, - r? -G c"D ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania- Co./City/Dist. of CUMBERLAND Date of Order/Notice 03/28/07 Case Number (See Addendum for case summary) E mployer/With holder's Federal EIN Number ROADWAY EXPRESS INC* PO BOX 471 AKRON OH 44309-0471 310102724 Q Original Order/Notice 885 S 2000 O Amended Order/Notice 789107591 Q Terminate Order/Notice 05-2920 CIVIL RE: COX, JIMMY E. Employee/Obligor's Name (Last, First, MI) 226-23-7507 Employee/Obligor's Social Security Number 3564100635 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. $ 942 . oo per month in current support $ o . oo per month in past-due support Arrears 12 weeks or greater? Qyes ® no $ 0.00 per month in current and past-due medical support $ o . 00 per month for genetic test costs $ per month in other (specify) for a total of $ 942.00 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: $ 217.38 per weekly pay period. $ 434.77 per biweekly pay period (every two weeks). $ 471.01 per semimonthly pay period (twice a month). $ 942. oo per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If required by Pennsylvania law (23 PA C.S. § 4374(b)) to remit by electronic payment method, please call Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COU Date of Order: MAR 2 9 2ppj w Edward E. Guido, Judge DRO: R.J. Shadday Form EN-028 Rev. 1 Service Type M OMB No.: 0970-0154 Worker ID $IATT F1 -t ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? If shecked you are required to provide a copy of this form to your mployee. If yo r employee works in a state that is different from the state that issued this order, a copy must be provi?ed to your employee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* V7 wilrnwIuIng vvncn 3cnuu15 U- Nar.... . You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 3404926700 EMPLOYEE'S/OBLIGOR'S NAME: COX. JIMMY E. EMPLOYEE'S CASE IDENTIFIER: 3564100635 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Antidiscrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act 0 5 U.S.C. §1673 (b)1; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. For tribal orders, you may not withhold more than the amounts allowed under the law of the issuing tribe. For tribal employers who receive a state order, you may not withhold more than the amounts allowed under the law of the state that issued the order. 10. Additional Info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Submitted By: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 Service Type M OMB No.: 0970-0154 Form EN-028 Rev. 1 Worker I D $ IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: COX, JIMMY E. PACSES Case Number 310102724 Plaintiff Name BARBARA A. COX Docket Attachment Amount 00885 S 2000 $ 600.00 Child(ren)'s Name(s): DOB JONATHAN Z. COX 05/02/91 ?If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACKS Case Number 789107591 Plaintiff Name RHONDA A. COX Docket Attachment Amount 05-2920 CIVIL$ 342.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ?if checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available identified above in any health insurance coverage available through the employee's/obligor's employment. through the employee's/obligor's employment. Addendum Form EN-028 Rev. 1 Service Type M Worker ID $IATT OMB No.: 0970-0154 C? r.a ?? ? `' -r, . ? =?- , r « -? n? ? i2 ? ` ° ? ? , Y ' ? __? ? ? ??7 CJ -1 ti • F FILESGeneralCunem :oxinouon Created 9-_0 04 0 06PM Raised 6.6.07 14PNI RHONDA COX, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v NO. 2005 - 2920 CIVIL ACTION - LAW JIM COX, Defendant IN DIVORCE PETITION FOR SPECIAL RELIEF AND NOW, comes Defendant Jim Cox, by and through his attorneys MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and hereby Petitions this Court for an Order enjoining Plaintiff from liquidating Subject Property, seizing said Subject Property and scheduling a hearing on the issue of replevin, and in support thereof avers as follows. 1. Jim Cox, Defendant, is an adult individual residing at 12 Old Stone House Road, Carlisle, Cumberland County, PA 17015. 2. Rhonda Cox, Plaintiff, is an adult individual residing at Apt. 3008, 12750 Equestrian Circle, Fort Myers, Lee County, Florida 33907. Plaintiff is represented by Hannah Herman-Snyder, Esquire at Griffie & Associates at 200 North Hanover Street, Carlisle, Cumberland County, PA 17013. 3. The parties are currently married and are in the process of divorcing. 4. Economic issues in the divorce include equitable distribution and APL. 5. Defendant owns a 2000 FLHTCI Harley Davidson, VIN # 1 HD 1 FF W 12YY650367 which he uses for transportation purposes, including driving to and from work. A copy of the title is attached hereto as "Exhibit A." 6. On or about June 2, 2007, Defendant noticed the Harley Davidson was missing. 7. Defendant was notified that a repossession service in Florida seized the Harley. 8. Defendant knows of no active liens on the Harley Davidson. 9. Defendant received no notice of repossession or execution. 10. It is believed and therefor averred that Plaintiff ordered the vehicle seized in an attempt to liquidate a marital asset. However, to Defendant's knowledge no court order or marital settlement agreement with respect to equitable distribution exists. IL . It is believed and therefore averred that Plaintiff has physical possession of the Harley Davidson. ti 12. Defendant desperately needs this vehicle back because he depends on it for transportation. 13. In addition to the missing Harley Davidson, Defendant and his girlfriend had a number of items seized along with the bike, which were being stored on the bike. 14. These items include, but are not limited to: (A) A $500.00 tax refund check; (B) Defendant's girlfriend's credit cards, check books; (C) Defendant's girlfriend's $70.00 jacket with multiple sentimental patches; (D) A $400.00 FXRG cold weather jacket, owned by Defendant; (E) A $200.00 leather jacket; (F) $160.00 leather chaps; (G) Two sets of Harley rain gear, $200.00; (H) A leather travel pouch, $55.00; (I) $225 of CDs; and (J) Miscellaneous items like hats, pictures, etc. 15. The total estimated market value of these items is $1,810.00. However, some of the items carry sentimental value and cannot be easy replaced. 16. Additionally, the estimated market value of the Harley Davidson is about $11,000.00. 17. Defendant also made improvements to the motorcycle of about $7,000.00. 18. The Harley Davidson and missing items are collectively referred to in this Petition as "Subject Property." 19. Defendant has been faithfully paying support. Defendant is unaware of any arrearages with respect to APL. 20. Even if Plaintiff has a claim to the Harley Davidson, resorting to "self-help" seizure is improper and violates Defendant's due process rights. 21. The Honorable Edward E. Guido has been previously involved in this action. 22. On June 6, 2007, the undersigned counsel gave Griffie & Associates a call to determine if Ms. Snyder would concur with the above motion. Counsel was informed that Ms. Synder is on vacation until Monday, June 11, 2007. Thus she was unable to indicate her concurrence. 23. Because the 1-Farley Davidson, Defendant's only means of transportation, may be liquidated by Plaintiff before then, it is believed and therefore averred that the vehicle must be seized before then. ti WHEREFORE, Defendant requests the following forms of relief: (A) Issue a temporary restraining order enjoining Plaintiff or entities associated with Plaintiff from selling the Subject Property; (B) Issue an order seizing the Subject Property subject to the posting of a reasonable bond; (C) Hold a hearing within 48 hours in the issue of seizure; (D Declare that this emergency petition can be hand-delivered by counsel or one of counsel's agents to Griffie & Associates; (E) Schedule a hearing within 20 days on the issue of replevin. OR - if it is determined that the Subject Property has been sold: (A) Issue an order scheduling a hearing on damages; (B) Enter a judgment in the amount of $19,810.00, which represents the fair market value of the Subject Property; (C) Enter a judgment in the amount of $5,000.00, to compensate Defendant and his girlfriend for the loss of sentimental personal items. (D) Reasonable attorneys fees incurred in securing these judgments. Respectfully Submitted, MARTSON LAW OFFICES By Michael J. Collins, Esquir I.D. No. 200427 Ten Fast High Street Carlisle, PA 17013 (717) 243-3341 June 06, 2007 EXHIBIT A ?v IIl. •t 5 ? s t o / Vf -_j U l co -PN N 1 CERTIFICATE OF TITLE FOR A VEHICLE 11,400 002031312000367-001 1H01FFWj21(Y6S036740• (. 20001 HARLEY DAVID S4958008401 CO vEHI d irEMTIFIC?ArbA NCIIi YEAR MAKE OF VEHICLE Ti rLE NUMBER MC n , '. ` 7/21/00 o000n8} 0 BOOT THE UUP SEAT CAP PRIOR TITLE STATE ODOM. PROCD. DATE CDOM. Mu_ES CDGM STATUS 7/21/00 7/21/00 DATE PA TITLED DATE OF ISSUE UNLADEN WEIGHT ` GVWR GGWR TITLE BRANDS OUCMETFR STATUS 1 A•"TUAI_ MILEACIE t MY EA.-,E EXCEEDS rl F MECHANICAt. L KITS W)T'HE ACTUAL MhEAGE 3 NOT THE ACTUAL MlLfAGE 000METER AMPERiW, VEHIF?FD b E(EMPT FPOM OOCAIETER O+f?CLO' URE TITLE SPANOS CL.I?:yIC "EHICLF R - CI LLECTIeLE', EHICLE r CUT OF COUNTRf rmraN.ILY MFRD Flip NONA) e CISTRIBUTION H A';RICULrURAL VEHICLE L LOGGING VFHICLF. P _ I`•.WAS A POLICE VEHICLE P : RFCCNSTPUCTED 5 =',TREET MD T + RECOVERED THEFT VF.Htr`IE V VEHICLE CONTAINS REISSUED VIN W - FLL?6D VEHICLE X - I; -WAS A TAXI rte second Lenhnlder is J,led upon =.litsf;iction nt the usl lien, the lint enholder must Intward this Tile to the Bureau of Motor vehlclos HAh the FIRST LIEN RELEASE ' apprepnete loom and fee. -'?61 t AD 5 V U BY SECOND LIEN RELEASED REPRE ATPlE DATE MAtLIlvo ADDRESS eV AUTHORIZED REFRESENTATIVE t , REGISTERED OWNERts) 0% 0\ ?r JIM E COX G RHOND'11A??A'""rI•H?u••t f.nrs,,••PrRfiArr. }?, CALDERON 106 W FIRST St P 0 BOX S42 BOILING SPGS PA 17007 FIRST LIEN FAVOR OF: SECOND LIEN FAVOR OF: HARLEY DA%%S0B CREDIT HARLE,Y DAVIDSON CREDIT 4150 TGECHNOLOGY NAY CARSON CITY NV 84706 I r «r I c*" ee or fns date of lases. IM uflWisi records at the Pennsylvanal DeP110111"erlr W TranAportatien reflect ttult the persortls) cr comp" namsd herein Is the lawful owner ol the wd vehicM. SUBSCRIBED AND SWORN TO MICAS Iii, .. .. + . .-r.:•.s _ a r.. , ? -. ,.? ,., ... '?NAI':FE ;F -r .a-" 1-M.' "I- `F .EI) "P&R BRADLEY L MALLORY Stcrrlary o 't'ransportation It a co-purchaser other than your spouse is iisled and you want the title to be listed as "Joint Tennis With Riyhl of Survivorship" (On death of one owner, title goes to surviving cwrer.) CHECK HERE C7. Otherwise, the title will be issued as "Te.nants m Common" (On death of one cWner, interest of deceased a'wrer goes to his,hpr heirs or e,fate'' IT LIEN QATE. ? ;F ^),] ?.;EN...,HEI:K ' ?3TLIENHOUIER i STPEET UIrY ZP .I 3 1 f:'JANC AL ,N3TIT''.T,QN NUMBER ,FrD L.EN DATE ? F •I,! L,EN. GI'F =K i Z"IDLENHO'.CER I I ?7IFFT f ;try TA'E F F;NANC'?L:LSTI P, :N 1 • I'ri'?f"r '?elr:nr•.• ? . ,, ?-.-.?r,.:, li ... 10 VERIFICATION The foregoing Petition for Special Relief is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the Petition and to the extent that the document is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. 4L Jim Cox CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Petition was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Hannah Herman-Snyder, Esquire GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 MARTSON LAW OFFICES M. Price R6 East High Street Carlisle, PA 17013 (717) 243-3341 Dated: (? p ^ ? r CT'+ ? ? J_ 5 T F:\FILES\General\Current\pra.eox Michael J. Collins, Esquire I.D. Number 200427 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff RHONDA COX, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JIM COX, V. Defendant NO. 2005 - 2920 CIVIL TERM : IN DIVORCE PRAECIPE TO THE PROTHONOTARY: Please enter the appearance of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER on behalf of the Defendant, Jim Cox, for the limited issue of a Petition for Special Relief. MARTSON LAW OFFICES By Michael J. Collins Attorney I.D. No. 20042 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: _ /(07:7- ?, I CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Hannah Herman-Snyder, Esquire GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 MARTSON LAW OFFICES By f ` a M. Price Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: gQ ,? ) 07 - c ? 1- ?„ c_ ?; -? c r -?, r? ?.r i C t.- ?C,r ? f? ? ; ` 4 {Y ? N -? ?f ? ? i AW --% In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION RHONDA A. COX ) Docket Number 05-2920 CIVIL Plaintiff ) vs. ) PACSES Case Number 789107591 JIMMY E. COX ) Defendant ) Other State ID Number PETITION FOR MODIFICATION OF AN EXISTING SUPPORT ORDER 1. The petition of JIMMY E. COX respectfully represents that on NOVEMBER 7, 2006 , an Order of Court was entered for RHONDA A. COX A true and correct copy of the order is attached to this petition. Service Type M Form OM-501 Worker ID 21205 AW COX V. Cox PACSES Case Number: 789107591 2. Petitioner is entitled to 0 increase 0 decrease ,termination 0 reinstatement 0 other of this Order because of the following material and substantial change(s) in circumstance: O ?• (, Zoot .?++4 •r?1e ?'?''?"? 1 . o? • a e,00-7 wj4aj '*7 11 / o.? c?.,,,c Ro•?o l1- /3 d?Z /,?r .L,&? 04- !t - o.v? ..v?/ J?a •?`.a-ea+?o( ?- ?OL?"?' 01- °? /,/ Doi WHEREFOff, Petitioner re uest?the Court modify t existing order a?tt Petitioner Attorney for Petitioner I verify that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsification to authorities. Aks- Wo 7 Da Petitioner Page 2 of 2 Form OM-501 Service Type M Worker ID 21205 1 y. co _n RHONDA A. COX, THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 05-2920 CIVIL TERM JIMMY E. COX, IN DIVORCE Defendant/Petitioner PACSES CASE NO: 789107591 ORDER OF COURT AND NOW, this 6th day of June, 2007, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J. Shadday on July 24.2007 at 9:00 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, Edgar B. Bayley, President Judge Copies mailed to: Petitioner Respondent Hannah Herman-Snyder, Esq. Date of Order: June 6, 2007 i '-fi "? 4t Sh day, nference Officer / l , 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 cc361 3 ?' - C ?" ?;, -? st 3 .' ....i '?, ?-) }.,, T ? ?? ? ? ?? , S .-J . RHONDA COX, PLAINTIFF V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 05-2920 CIVIL TERM ORDER OF COURT AND NOW, this 3 day of June, 2007, IT IS ORDERED: (1) Plaintiff, Rhonda Cox, is temporarily enjoined from disposing and liquidating JIM COX, DEFENDANT the property described in the within petition. (2) Defendant shall post security in the amount of $1.00 with the Prothonotary. (3) A hearing on the issue of the lawfulness of the seizure shall be conducted in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania at 3:30 p.m., Wednesday, June 13, 2007. (4) Service of the petition may be made on defendant's counsel, Griffie & Associates. By the Co Edgar B. Saylf y, J. ,ISnnah Herman-Snyder, Esquire / For Plaintiff ichael J. Collins, Esquire For Defendant :sal co 6f LL) t ?? v F:\F I LE S\General \Curren t\coxmot is n Created: 9/20/04 006PM ` Revised: 6/6/07 2. 14PM RHONDA COX, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v NO. 2005 - 2920 CIVIL ACTION - LAW JIM COX, c' Defendant IN DIVORCE r1 Tim PETITION FOR SPECIAL RELIEF AND NOW, comes Defendant Jim Cox, by and through his attorneys '1VIART ON ate; DEARDORFF WILLIAMS OTTO GILROY & FALLER, and hereby Petitions this CdUrt for an Order enjoining Plaintiff from liquidating Subject Property, seizing said Subject Property and scheduling a hearing on the issue of replevin, and in support thereof avers as follows. Jim Cox, Defendant, is an adult individual residing at 12 Old Stone House Road, Carlisle, Cumberland County, PA 17015. 2. Rhonda Cox, Plaintiff, is an adult individual residing at Apt. 3008,12750 Equestrian Circle, Fort Myers, Lee County, Florida 33907. Plaintiff is represented by Hannah Herman-Snyder, Esquire at Griffie & Associates at 200 North Hanover Street, Carlisle, Cumberland County, PA 17013. 3. The parties are currently married and are in the process of divorcing. 4. Economic issues in the divorce include equitable distribution and APL. 5. Defendant owns a 2000 FLHTCI Harley Davidson, VIN 41 HD 1 FFW 12YY650367 which he uses for transportation purposes, including driving to and from work. A copy of the title is attached hereto as "Exhibit A." 6. On or about June 2, 2007, Defendant noticed the Harley Davidson was missing. 7. Defendant was notified that a repossession service in Florida seized the Harley. 8. Defendant knows of no active liens on the Harley Davidson. 9. Defendant received no notice of repossession or execution. 10. It is believed and therefor averred that Plaintiff ordered the vehicle seized in an attempt to liquidate a marital asset. However, to Defendant's knowledge no court order or marital settlement agreement with respect to equitable distribution exists. 11. It is believed and therefore averred that Plaintiff has physical possession of the Harley Davidson. 12. Defendant desperately needs this vehicle back because he depends on it for transportation. 13. In addition to the missing Harley Davidson, Defendant and his girlfriend had a number of items seized along with the bike, which were being stored on the bike. 14. These items include, but are not limited to: (A) A $500.00 tax refund check; (B) Defendant's girlfriend's credit cards, check books; (C) Defendant's girlfriend's $70.00 jacket with multiple sentimental patches; (D) A $400.00 FXRG cold weather jacket, owned by Defendant; (E) A $200.00 leather jacket; (F) $160.00 leather chaps; (G) Two sets of Harley rain gear, $200.00; (H) A leather travel pouch, $55.00; (I) $225 of CDs; and (J) Miscellaneous items like hats, pictures, etc. 15. The total estimated market value of these items is $1,810.00. However, some of the items carry sentimental value and cannot be easy replaced. 16. Additionally, the estimated market value of the Harley Davidson is about $11,000.00. 17. Defendant also made improvements to the motorcycle of about $7,000.00. 18. The Harley Davidson and missing items are collectively referred to in this Petition as "Subject Property." 19. Defendant has been faithfully paying support. Defendant is unaware of any arrearages with respect to APL. 20. Even if Plaintiff has a claim to the Harley Davidson, resorting to "self-help" seizure is improper and violates Defendant's due process rights. 21. The Honorable Edward E. Guido has been previously involved in this action. 22. On June 6, 2007, the undersigned counsel gave Griffie & Associates a call to determine if Ms. Snyder would concur with the above motion. Counsel was informed that Ms. Synder is on vacation until Monday, June 11, 2007. Thus she was unable to indicate her concurrence. 23. Because the Harley Davidson, Defendant's only means of transportation, may be liquidated by Plaintiff before then, it is believed and therefore averred that the vehicle must be seized before then. WHEREFORE, Defendant requests the following forms of relief: (A) Issue a temporary restraining order enjoining Plaintiff or entities associated with Plaintiff from selling the Subject Property; (B) Issue an order seizing the Subject Property subject to the posting of a reasonable bond; (C) Hold a hearing within 48 hours in the issue of seizure; (D Declare that this emergency petition can be hand-delivered by counsel or one of counsel's agents to Griffie & Associates; (E) Schedule a hearing within 20 days on the issue of replevin. OR - if it is determined that the Subject Property has been sold: (A) Issue an order scheduling a hearing on damages; (B) Enter a judgment in the amount of $19,810.00, which represents the fair market value of the Subject Property; (C) Enter a judgment in the amount of $5,000.00, to compensate Defendant and his girlfriend for the loss of sentimental personal items. (D) Reasonable attorneys fees incurred in securing these judgments. Respectfully Submitted, MARTSON LAW OFFICES _W? y4k By Michael J. Collins, Esquir I.D. No. 200427 Ten East High Street Carlisle, PA 17013 (717) 243-3341 June 06, 2007 v XxIBIT A h tr- V CERTIFICATE OF TITLE FOR A VEHICLE 11,400 002031312000367-0.01 1HOIFFW112XY6S0367 2000 I HA,RLEY DAVID VEHICLE IDERTIFICA&A NUIl s YEAR MAKE OF VEHICLE (??I MC l 7/21/001 BODY TYPE 1 DUP l SEAT CAP 1 PRIOR TITLE STATE ODOM. PROCO. DATE 7/21/00 1 7/211/00 DATE PA TITLED DATE OF ISSUE UNLADEN WEIGHT 1 GVWR e? ' FIRST LIEN FAVOR OF: HARLEY DA%%eY-S0 CREDIT ?avids in Credit f-,-) CA FIRST LIEN RELEASE 01, BV \i NIPMR12ku, REFIRE ATIVE MAILING ADDRE88 HARLI«Y DAVIDSON CREDIT 4150 TGECHNOLOGY NAY CARSON CITY NV 81706 i I tartly as of the dab of Issue. the official records of the Perm"area Depatmem t of Transportation n~ In" the personls) or company named herein Is the IawIW owner ` . of 0% said vehicle. SUBSCRIBED AND SWORN TO BEFORE ME: ODOMETER STATUS o - ACTUAL MILEAGE I - MILEAGE EXCEEDS THE MECHANICAL LIMITS 2 . NOT THE ACTUAL MILEAGE 3 NOT THE ACTUAL MRIif1GE-000METER TAMPERING VERIFIED J - EXEMPT FROM ODOMETER DISCLO%nE TITLE BRANDS A - ANTIOUE FHK'LF C - CLASSIC VEHICLE' D COLLECTIBLE VEHICLE F OUT OF Ol1NTRV iR1rfNAI CV MFOD. FOR NON-U B I, STRIBUTION H - AGRICULTURAL VEHICLE L LOGGING VFHICLE P = IS ,WAS A POUCE VEHICLE R RECONSTRUCTED S . STREET ROD T RECOVERED THEFT VEHICLE V = VEHICLE CONTAINS REISSUED VIN W - FLOOD VEHICLE X - I51WAS A TAXI II a second penholder 1s lisled upon sat1q,,chon of the first Ion, the Will lienholder mull Irmil this Title to the Bureau of Motor Vehicles wah the appropriate form and fee. SECOND LIEN RELEASED TAM ki I F! S49S80C8401 CO TITLE NUMBER ooaan8l 0 ,:)DOM. MILES ODIUM STATUS GCWR I TITLE BRANDS DATE BY AUTHORIZED REPRESENTATIVE BRADLEY L MALLORY Secretary of Transpor'talisn 11 a co-purchaser other than your spouse is listed and you want the title to be listed as "Joint Tenants With Right of Survivorship" (On death of one owner, tilts goes to surviving owner.) CHECK HERE D. Otherwise, the title will be issued as "Tenants in Common" (On death DI one owner, interest of deceased owner goes to hisiher heirs or estate). 1ST LIEN DATE: -? IF NO LIEN. CHECK 0 1ST LIENHOLOER STREET •..n ..Irr Inlf ?,rNy mx.s .Ir..r,> I„ ,T. r.I ? ,r4 v, n. ,rerun »ucr.<a co ? ??iNAT',? E OF +nol'?: 4Ni ,;R M!TVOe17Cn '..?iNER T V N ''+GNA rUPE OF 1114111ANT IIIE W AUT' 7ED SI0MER SECOND LIEN FAVOR OF: ?Yl ?,. 2 Z? .0 7 REGISTERED OWNERS) fiQ1i''' l7Ariarr n ?sF rdfYnnop ,rGrt7An; JIM E COX S RHONOt4"A CALDERON 106 W FIRST ST P 0 BOX S42 BOILING SPGS PA 17007 CITY FINANCIAL INSTITUTION NUMBER 2NO LIEN DATE. 2NO UENHOLCER STREET CITY FINANCIAL INSTITUTION NUMEFR STATE ZIP IF NO LIEN, C14FCK ? ,TATE Zip VERIFICATION The foregoing Petition for Special Relief is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the Petition and to the extent that the document is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Jim Cox CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Petition was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Hannah Herman-Snyder, Esquire GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 MARTSON LAW OFFICES By 05? M. Price T fthast High Street Carlisle, PA 17013 (717) 243-3341 Dated: C/(' / RHONDA COX, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JIM COX, DEFENDANT 05-2920 CIVIL TERM ORDER OF COURT AND NOW, this day of June, 2007, following a hearing on the within petition for special relief, IT IS ORDERED: (1) Rhonda Cox shall within 14 days return to Jim Cox the Harley Davidson motorcycle that is now titled in her name, and all of the other items taken at the time the motorcycle was removed from the possession of Jim Cox. (2) It appearing that, notwithstanding the current title to the motorcycle, that it is marital property, both parties are enjoined from selling of disposing or otherwise liquidating the motorcycle absent a written agreement or further order of court. Hannah Herman-Snyder, Esquire For Plaintiff Michael J. Collins, Esquire For Defendant By the Co Edgar G- IY-0 7 ? :sal r `o - - 5 -: . o C=Z) v N F:\FILES1General\Current\12642\coxmotion2 Created: 9/20104 0:06PM Revised: 6/29/07 9:04AM RHONDA COX, JIM COX, v Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005 - 2920 CIVIL ACTION - LAW IN DIVORCE MOTION TO COMPEL AND NOW, comes Defendant Jim Cox, by and through his attorneys MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and hereby moves this Court to compel Plaintiff Rhonda Cox to comply with the Order of Court dated June 14, 2007, and in support thereof avers as follows. 1. Jim Cox, Defendant, and Rhonda Cox, Plaintiff, are parties in this divorce action. 2. On June 14, 2007, this Court entered an Order requiring Plaintiff to return Defendant's Harley Davidson to him. A true and accurate copy of that Order is attached hereto as Exhibit A. 3. As of June 29, 2007, Defendant still has not received his Harley; Plaintiff is in noncompliance with the Court Order. 4. Plaintiff refuses to transfer title of the vehicle to Defendant, allegedly because of a lien created by Plaintiff s son. 5. Without title, Defendant is unable to register or insure his vehicle. Thus, even if he ultimately gets physical possession of his vehicle, he will be unable to ride it. 6. Defendant uses the Harley for transportation and rides and works on the vehicle as a hobby. 7. Defendant understands that the Harley is marital property and is subject to ultimate distribution either by agreement of the parties or by judgment of the Divorce Master, but until then, Defendant wishes to be able to use the vehicle. 8. In addition to the missing Harley, Defendant still has not received the Property described in his Motion for Special Relief, which includes but is not limited to: (A) A $500.00 tax refund check; (B) Defendant's girlfriend's credit cards, check books; (C) Defendant's girlfriend's $70.00 jacket with multiple sentimental patches; (D) A $400.00 FXRG cold weather jacket, owned by Defendant; (E) A $200.00 leather jacket; (F) $160.00 leather chaps; (G) Two sets of Harley rain gear, $200.00; (H) A leather travel pouch, $55.00; (I) $225 of CDs; and (J) Miscellaneous items like hats, pictures, etc. 9. Defendant has suffered inconvenience from Plaintiff's failure to return the Harley and the Property. For example, Defendant has had to cancel trips, reapply for credit cards, order a new driver's license, etc. 10. The Honorable Edgar B. Bayley has been previously involved in this action. 11. On June 6, 2007, the undersigned counsel gave Griffie & Associates a call to determine if Ms. Snyder would concur with the above motion. Counsel declined to concur with the same. 12. As of the filing of this motion, Defendant is proceeding pro Se. All motions, answers, and Orders should be directed to Defendant. WHEREFORE, Defendant requests the following forms of relief (A) Issue an Order compelling Plaintiff to deliver the Harley and Property to Defendant within ten (10) days or suffer sanctions; (B) Declare that the alleged lien on the title of the Harley is invalid; (C) Direct Plaintiff to transfer title to Defendant so he may insure the vehicle; (D And provide any additional relief the Court deems just under the circumstances. Respectfully Submitted, MARTSON LAW OFFICES -71?LU By Michael J. Collins, Esquire I.D. No. 200427 Ten East High Street Carlisle, PA 17013 (717) 243-3341 June 29, 2007 C141BIT A RHONDA COX, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JIM COX, DEFENDANT 05-2920 CIVIL TERM ORDER OF COURT AND NOW, this day of June, 2007, following a hearing on the within petition for special relief, IT IS ORDERED: (1) Rhonda Cox shall within 14 days return to Jim Cox the Harley Davidson motorcycle that is now titled in her name, and all of the other items taken at the time the motorcycle was removed from the possession of Jim Cox. (2) It appearing that, notwithstanding the current title to the motorcycle, that it is marital property, both parties are enjoined from selling of disposing or otherwise liquidating the motorcycle absent a written agreement or further order of court. By the C Hannah Herman-Snyder, Esquire For Plaintiff Michael J. Collins, Esquire For Defendant :sal rmdww wheW, I here unto set MY hark 11 ft u. Puq at t of :mod' Ca11",. Edgar VERIFICATION I verify that the statements contained in the herein Motion to Compel are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. Dated: ?? CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Motion to Compel was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Hannah Herman-Snyder, Esquire GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 MARTSON LAW OFFICES B ? ? ti L f Y Mary rice Ten Eat High Street Carlisle, PA 17013 (717) 243-3341 Dated: 02 T' C? - ? ? -. _ . _ ?? ? p 1. ? ? ;.. ?{ t.r `? ? ?-; 3• ? ?? l Y . r r ? "'" 3 W F:\FILES\General\Current\12642\12642. Lpra Created: 9/20/04 0:06PM Revised: 6128/07 8:26AM RHONDA COX, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V NO. 2005 - 2920 CIVIL ACTION - LAW JIM COX, Defendant IN DIVORCE PRAECIPE To the Prothonotary: Pursuant to the attached consent of, please withdraw the appearance of Martson Deardorff Williams Otto Gilroy & Faller as attorneys for Defendant Jim Cox. Respectfully Submitted, MARTSON LAW OFFICES By Michael J. Collins, Es ire I.D. No. 200427 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: 0O12-11, 7- CONSENT I, Jimmy E. Cox, acknowledge that I retained Michael J. Collins of the Martson Law Offices to assist and advise me in my divorce until June 29, 2007. I consent to have him withdraw as counsel at this time and am proceeding pro se after being advised to seek other legal representation. Jimmy . Cox Sworn to d subscribed before me this sew day of June, 2007. VL44) P ' I G?)? ?otary Public TH OF PENNLVANIA =-A al tary Public rland County s Aug. 18, 2007 Member. PenrsVNan a Association of Notaries CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Hannah Herman-Snyder, Esquire GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 MARTSON LAW OFFICES By All C Mary rice Ten Eas High Street Carlisle, PA 17013 (717) 243-3341 Dated: 61w, 04 ? ? ? :?$ ? c._. c.? ?? jV 1k i -r. -_ F P't yy ?? r? ..? RHONDA COX, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v NO. 2005 - 2920 CIVIL ACTION - LAW JIM COX, Defendant : IN DIVORCE RULE TO SHOW CAUSE )ulK AND NOW, on this __S ay of .hme, 2007, upon consideration of Defendant's Motion to Compel, a rule is hereby issued against Plaintiff to show cause, if any she has, why the relief requested in the Motion should not be granted. Rule returnable in rl days.^"t-9 Copies to: ,,4nnah Snyder Counsel for Plaintiff cdfm Cox Defendant, pro Se w .: Ln Gu a F:\FILES\Generel\Current\ I 2642\coxmoti0n2 Created: 9/20/04 0:06PM Revised: 6129/07 9:04AM RHONDA COX, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v JIM COX, Defendant NO. 2005 - 2920 CIVIL ACTION - LAW IN DIVORCE MOTION TO COMPEL AND NOW, comes Defendant Jim Cox, by and through his attorneys MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and hereby moves this Court to compel Plaintiff Rhonda Cox to comply with the Order of Court dated June 14, 2007, and in support thereof avers as follows. 1. Jim Cox, Defendant, and Rhonda Cox, Plaintiff, are parties in this divorce action. 2. On June 14, 2007, this Court entered an Order requiring Plaintiff to return Defendant's Harley Davidson to him. A true and accurate copy of that Order is attached hereto as Exhibit A. 3. As of June 29, 2007, Defendant still has not received his Harley; Plaintiff is in noncompliance with the Court Order. 4. Plaintiff refuses to transfer title of the vehicle to Defendant, allegedly because of a lien created by Plaintiff's son. 5. Without title, Defendant is unable to register or insure his vehicle. Thus, even if he ultimately gets physical possession of his vehicle, he will be unable to ride it. 6. Defendant uses the Harley for transportation and rides and works on the vehicle as a hobby. 7. Defendant understands that the Harley is marital property and is subject to ultimate distribution either by agreement of the parties or by judgment of the Divorce Master, but until then, Defendant wishes to be able to use the vehicle. 8. In addition to the missing Harley, Defendant still has not received the Property described in his Motion for Special Relief, which includes but is not limited to: (A) A $500.00 tax refund check; (B) Defendant's girlfriend's credit cards, check books; (C) Defendant's girlfriend's $70.00 jacket with multiple sentimental patches; (D) A $400.00 FXRG cold weather jacket, owned by Defendant; (E) A $200.00 leather jacket; (F) $160.00 leather chaps; (G) Two sets of Harley rain gear, $200.00; (H) A leather travel pouch, $55.00; (I) $225 of CDs; and (J) Miscellaneous items like hats, pictures, etc. 9. Defendant has suffered inconvenience from Plaintiff's failure to return the Harley and the Property. For example, Defendant has had to cancel trips, reapply for credit cards, order a new driver's license, etc. 10. The Honorable Edgar B. Bayley has been previously involved in this action. 11. On June 6, 2007, the undersigned counsel gave Griffie & Associates a call to determine if Ms. Snyder would concur with the above motion. Counsel declined to concur with the same. 12. As of the filing of this motion, Defendant is proceeding pro Se. All motions, answers, and Orders should be directed to Defendant. WHEREFORE, Defendant requests the following forms of relief (A) Issue an Order compelling Plaintiff to deliver the Harley and Property to Defendant within ten (10) days or suffer sanctions; (B) Declare that the alleged lien on the title of the Harley is invalid; (C) Direct Plaintiff to transfer title to Defendant so he may insure the vehicle; (D And provide any additional relief the Court deems just under the circumstances. Respectfully Submitted, MARTSON LAW OFFICES -VA?? U By Michael J. Collins, E uire I.D. No. 200427 Ten East High Street Carlisle, PA 17013 (717) 243-3341 June 29, 2007 v XHIBIT A RHONDA COX, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JIM COX, DEFENDANT 05-2920 CIVIL TERM ORDER OF COURT AND NOW, this day of June, 2007, following a hearing on the within petition for special relief, IT IS ORDERED: (1) Rhonda Cox shall within 14 days return to Jim Cox the Harley Davidson motorcycle that is now titled in her name, and all of the other items taken at the time the motorcycle was removed from the possession of Jim Cox. (2) It appearing that, notwithstanding the current title to the motorcycle, that it is marital property, both parties are enjoined from selling of disposing or otherwise liquidating the motorcycle absent a written agreement or further order of court. Hannah Herman-Snyder, Esquire For Plaintiff Michael J. Collins, Esquire For Defendant sal rmE copy t=ROM Rte` Tropy WW W, I here ura set a W ham J I? of mid Crs car", a. lwoamlftv VERIFICATION I verify that the statements contained in the herein Motion to Compel are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. Dated: 2 ?? CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Motion to Compel was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Hannah Herman-Snyder, Esquire GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 MARTSON LAW OFFICES By Mary rice Ten Eat High Street Carlisle, PA 17013 (717) 243-3341 Dated: ?/02 Vo -/ n ? C7 ?a ?7 ?f L1 ILD In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION RHONDA A. COX ) Docket Number 05-2920 CIVIL Plaintiff ) VS. ) PACSES Case Number 789107591 JIMMY E. COX ) Defendant ) Other State ID Number ORDER AND NOW, to wit on this 24TH DAY OF JULY, 2007 IT IS HEREBY ORDERED that the Q Complaint for Support or ® Petition to Modify or Q Other filed on JUNE 6, 2007 in the above captioned matter is dismissed without prejudice due to: NO SUBSTANTIAL CHANGE IN CIRCUMSTANCES AT THIS TIME. Q The Complaint or Petition may be reinstated upon written application of the plaintiff petitioner. BY THE C EDWARD E. GUIDO, 'k T JUDGE gRO: J? J. SHADDAY Form 0E-506 xice ype M Worker ID 21005 > '? r'v7 _: ,:a ?._ f::? -? -- i .. _ ' . A l ?,.' .. f C,?,R _ . ? ? ?,... ., - •? d _. ._.: t r, •- CERTIFICATE OF SERVICE I, Jim Cox, hereby certify that a copy of the foregoing Motion for the Appointment of a Divorce Master was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Hannah Herman-Snyder, Esquire GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 MARTSON LAW OFFICES Respectfully Submitted, By Ji ox, pro Se 12 Old Stonehouse Road Carlisle, PA 17013 (717)557-4237 Dated: Au, 30 / Z 00 7 r" . N 7 d rte, ?, RHONDA COX, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V NO. 2005 - 2920 CIVIL ACTION - LAW JIM COX, Defendant IN DIVORCE PETITION TO OPEN JUDGMENT AND NOW, comes Defendant Jim Cox, pro Se, and hereby moves this Court to open the June 7, 2006 judgment, and in support thereof avers as follows. 1. Jim Cox, Defendant, and Rhonda Cox, Plaintiff, are parties in this divorce action. 2. On June 6, 2006, this Court entered an Order declaring that Defendant was solely responsible for all interest, penalties and fees accrued due to his failure to make monthly mortgage payments. A true and accurate copy of that Order is attached as Exhibit A. 3. That Order was entered because Defendant failed to answer the Petition of Plaintiff which was filed on or about May 26, 2006. 4. Because Defendant was pro Se, Defendant did not understand that failure to answer the Petition resulted in a default judgment against him for those amounts. 5. Defendant believes and therefore avers that he has a legitimate position for not being responsible for those amounts. 6. Defendant requests an opportunity to answer said Plaintiff s Petition now. 7. Attached, as Exhibit B, is Defendant's answer to Plaintiff's Petition. WHEREFORE, Defendant a hearing on the issue of opening the judgment and holding Defendant responsible for the late mortgage payments. Respectfully Submitted, By Cox, pro Se 12 Old Stonehouse Road Carlisle, PA 17013 (717)557-4237 4,3 0 1 2007 EXHIBIT A I T' 4y x/ ?? JUN 0 1 7006 i by.` - - RHONDA A. COX, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 05-2920 CIVIL TERM JRvMiY E. COX, : CIVIL ACTION.- LAW Defendant : IN DIVORCE ORDER OF COURT AND NOW, to wit, this 7 4-' day of 2006, upon consideration of the attached Petition for Special Relief, it is hereby ORDERED and DECREED as follows: (a) The Marital Residence shall be immediately listed for sale with a realtor of Plaintiff's choosing and at a price recommended by said realtor; (b) Defendant shall be solely responsible for all interest, penalties and fees accrued due to his failure to make the monthly mortgage payment on the Marital Residence; (c) Defendant shall cooperate fully with the realtor in showing the Marital Residence; (d) No reasonable offer for the sale of the Marital Residence, within 10% of the listing price, shall be rejected by either party; BY THE COURT: TRUE COPY FROM RECORD lA TN*WW YIl101d, 1 hers unto $A my aic tie a MW at ewas e, Pa. Prethonowi A/ J. EXHIBIT B RHONDA COX, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v NO. 2005 - 2920 CIVIL ACTION - LAW JIM COX, Defendant IN DIVORCE ANSWER TO PETITION FOR SPECIAL RELIEF SEEKING IMMEDIATE SALE OF THE MARITAL RESIDENCE PURSUANT TO PA.C.S.A. &3323(F) AND NOW, comes Defendant Jim Cox, pro Se, and answers Plaintiffs Petition for Special Relief and in support thereof avers as follows: I. Admitted. 2. Denied. Defendant Jim Cox lives at 12 Old Stonehouse Road, Carlisle, Pennsylvania. At the original time of the above motion, Defendant was living at the address averred in the Petition. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted with clarification. Pursuant to Court Order of June 6, 2006, Marital Residence was sold. He no longer lives there. 8. Admitted. 9. Denied. It is Defendant's position that he was unable to make mortgage payments because of Plaintiff s conduct. Plaintiff put up many roadblocks to selling the house. 10. Denied. On numerous occasions, Defendant contacted Plaintiff regarding making mortgage payments and settling their marital dispute. 11. Denied. There were many liens on the property and very little equity in it. Risk of foreclosure was due to the parties disagreements and not unilateral failure to pay by Defendant. 12. No response is required. 13. No response is required. WHEREFORE, Defendant requests a hearing on the issue of who should be responsible for the interest and penalties due to the mortgage company. Respectfully Submitted, By Cox, pro e 12 Old Stonehouse Road Carlisle, PA 17013 (717)557-4237 VERIFICATION The foregoing Answer is true and correct to the best of my knowledge, information and belief. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Jim 9 CERTIFICATE OF SERVICE I, Jim Cox, hereby certify that a copy of the foregoing Answer was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Hannah Herman-Snyder, Esquire GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 MARTSON LAW OFFICES Respectfully Submitted, By Jim CO /I pro Se 12 Old Stonehouse Road Carlisle, PA 17013 (717)557-4237 Dated: c. ?.3e ? 200 7 VERIFICATION The foregoing Petition is true and correct to the best of my knowledge, information and belief. This statement and verification are made subject to the penalties of 18 Pa. C. S. Section 4904 relating to unworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. ti Jim Co CERTIFICATE OF SERVICE I, Jim Cox, hereby certify that a copy of the foregoing Petition to Open was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Hannah Herman-Snyder, Esquire GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 MARTSON LAW OFFICES Respectfully Submitted, By ii Cox, pro e 12 Old Stonehouse Road Carlisle, PA 17013 (717)557-4237 Dated: 4tts,3o 7.00 7 ? ? : .. Y \' r' ?, G ? /{?? `r y , ?? .. ?.'a` F? ?, 4'J ?` ? % ? t Al 81 zoos , , . 9 4 20071 eRHONDA COX, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v NO. 2005 - 2920 CIVIL ACTION - LAW JIM COX, Defendant IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Jim Cox, Defendant, moves the Court to appoint a Master with respect to the following claims: 1) Divorce; 2) Equitable Distribution; 3) Alimony; 4) Alimony lendente Lite; 5) Attorney's Fees and Costs, and in support of the Motion the Defendant states: 1. Discovery is complete as to the claims for which the appointment of a Master is requested. 2. The Plaintiff has appeared in the action by her attorney, Ms. Hannah Herman-Snyder, Esquire. 3. The statutory ground for the divorce is: 3301(d). 4. The action is contested with respect to the following claims: Equitable Distribution; Alimony; Alimony Pendente Lite; Attorney's Fees and Costs 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take one day. DATE A9.30 ZOO 7 , Jimmy E. Cox Pro Se a40 9 ORDER AND NOWy?( 2.6%, d-tai 44, squire, is appointed Master with respect to the following claims: BY E CO , J. w Q f ?. Lu r} tj? tt i ?e l ? d Q 1 RHONDA A. COX, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY PENNSYLVANIA V. NO. 05-2920 CIVIL TERM JIMMY E. COX, IN DIVORCE Defendant CIVIL ACTION -LAW INVENTORY AND APPRAISEMENT OF PLAINTIFF RHONDA A. COX Rhonda A. Cox, Plaintiff, files this 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. Rhonda A. Cox, Plaintiff, verifies that the statements made in this inventory are true and correct. Plaintiff further understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. ONDA A. C X aintiff ASSETS OF PARTIES Rhonda A. Cox, marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. ( ) L Real property (X) 2. Motor vehicles ( ) 3. Stocks, bond, securities and options ( ) 4. Certificates of deposit ( ) 5. Checking accounts, cash ( ) 6. Savings accounts, money market and savings certificates ( ) 7. Contents of safe deposit boxes ( ) 8. Trusts ( ) 9. Life insurance policies (indicate face value, cash surrender value and current beneficiaries) ( ) 10. Annuities ( ) 11. Gifts ( ) 12. Inheritances ( ) 13. Patents, copyrights, invention, 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 (X) 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 (X) 21. Litigation claims (matured and unmatured) ( ) 22. MilitaryN.A. benefits ( ) 23. Education benefits ( ) 24. Debts due, including loans, mortgage held (X) 25. Household furnishings and personalty (include as a total category and attach itemized list of distribution of such assets is in dispute) ( ) 26. Other LIABILITIES OF PARTIES Rhonda A. Cox, Plaintiff, marks on the list below those items applicable to the case at bar and itemizes the liabilities on the following pages. SECURED ( ) 1. Mortgages ( ) 2. Judgments ( ) 3. Liens ( ) 4. Other Secured Liabilities UNSECURED (X) 5. Credit Card Balances ( ) 6. Purchases ( ) 7. Loan Payments ( ) 8. Notes Payable (X) 9. Other Unsecured Liabilities CONTINGENT OR DEFERRED ( ) 10. Contract or Agreements ( ) 11. Promissory Notes ( ) 12. Lawsuits ( } 13. Options (X) 14. Taxes ( ) 15. Other Contingent or Deferred Liabilities ' l9 Vl ?O 00 J FL n CT w O N N _ A E3 : :7, o =r N x c CD w CD w CD w - CD 0) a o O cl, ? o? w CD n (D w v v n < - n =r S ? p p LA O q N Un w ? Gn Ln O O cr a" a, O A 23 ?D C]. f].. p. Cl. Ln y d d d Q d d d d ? u. ro c s u s v a w q a Y ?, 2 El y o '? -3 A w .fl m dQ OQ (1Q m m UQ a' CD CD CD 0 CD CD CD n 0 ? ra 0 0 N c c cis O O O O O O O C ? 00 ? ? ? O 00 O O CD C n CD n C) n n w CD CD CD n N y o 0 ? t.A r? 0 3 o• r? b 11- O. A CS Sy dr P> O " n n n d C M O C C C C (D (D CD G C a a . a. L 3 ? r r C" r C7 n o C C' c a C ° - r ' L r CL 0 CD b P) 0 Ln 0 IV L N n = o CD (D ci ,.. ?D C n E3 O a ?. co d vO .. f7 v' .-• (? ^* O P C cr 69 N ?E - ?kA to N 00 N W N A7 d 00 ? W tr O? 00 W w th ? O W N W R O O i p 0 ? ?p O N C:) 6 M O 0 0 J 6?9 t ro c) A O? A7 W O ? ?ro 0 y co? O b y r Inventory List Black imitation leather sofa/loveseat set $500 Green sofa/love seat set $750 Broyhill multi-color sofa/love seat set $1000 Beige sleeper sofa $200 Two beige recliners $200 Wood coffee table, two end tables $150 Desk $100 Deluxe Executive leather/wood office chair $350 Computer with monitor $450 Computer accessories $125 Digital Camera w/memory chips and hardware to upload to computer files $250 Large stereo speakers (pictures) $250 200 CD player $350 Turntable $75 Tuner $50 Aux/Amp $125 200+ CD's $1500 Over 100 records, many collectibles $1000 Stereo Cabinet, wood and glass, approx 6 feet (pictures) $400 4 Satellite Receivers $400 Very large television (basement) $500 Large television (living room) $350 Television (kitchen) $50 Television (bedroom) $75 DVD players, two $125 Old stereo/8-track player, floor model $450 Large `sectional' mirror for wall $250 German wall schrunk sectional (two center pieces, one is a minibar, the other is a china cabinet, and the two corner sections, total length about 8 feet) $2500 Dishwasher $600 Flat top range $500 Dishes $75 Pots/Pans $300 Small appliances (toaster, microwave, coffee maker, etc) $350 6-8 Person Dining table/chairs $750 Washer $250 Dryer $250 King size mattress/box spring set w/frame $700 Queen size mattressibox spring set w/frame $500 Dresser w/mirror $200 Bureau (tallboy) $150 Linens/Comforters $400 Bath towels, hand towels, wash towels $300 Weight/gym set (picture) $500 a W J W Q y Q Official size pool table $1100 4 white bar stools $350 6 black bar stools $400 Pool sticks, balls, etc $150 Christmas tree and several years of irreplaceable decorations $800 Picnic table 6 ft $250 Gas grill $300 Riding lawn mower (picture) $600 Lawnboy push mower $250 Leaf blower $125 Weed Eater $75 Chainsaw $150 Ax $50 Miscellaneous other lawn care (rakes, shovels, etc) $50 Several power tools $1500 Several specialty tools for motorcycle $650 Full range of hand tools for both motorcycle and vehicles $500 Heavy duty Workbench, solid wood 6-8 feet long $1500 Swimming pool toys, chairs, chemicals, cleaning tools, supplies $250 Collectibles and memorabilia in recreation room $500 Pictures, wall decorations $500 Total: $28,900 ' ' i i ? ) Fn RHONDA A. COX, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY PENNSYLVANIA V. NO. 05-2920 CIVIL TERM JIMMY E. COX, IN DIVORCE Defendant CIVIL ACTION -LAW AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301 (c) of the Divorce Code was filed on June 7, 2005 and served on June 21, 2007 by certified mail, return receipt requested, as indicated in the Affidavit of Service. 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: Lo _ _3zz?? JIM E. COX cr' L ELI K Lj- (D cv CJ V RHONDA A. COX, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY PENNSYLVANIA V. : NO. 05-2920 CIVIL TERM JIMMY E. COX, IN DIVORCE Defendant CIVIL ACTION -LAW WAIVER OF NOTICE OF INTENTION TO REQUEST THE ENTRY OF A DIVORCE DECREE UNDER 0301(c) OF THE DIVORCE CODE I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE, STATEMENTS HEREIN ARE MADE SUBJECT TO TIIE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: / O f JIMMY OX 7 CJ? ? ? _ y ?' J? _ ` a C? ? - q +' va ? _ ???? ? _ ? ? .CC 7 v "L ? a??`??... . ?. - Lj ? ' RHONDA A. COX, IN THE, COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY PENNSYLVANIA V. : NO. 05-2920 CIVIL TERM JIMMY E. COX, IN DIVORCE Defendant CIVIL ACTION -LAW AFFIDAVIT OF CONSENT 2. A Complaint in Divorce under §3301 (c) of the Divorce Code ? as tiled on June 7, 2005 and served on June 21, 2007 by certified mail, return receipt requested, as indicated in the Affidavit of Service. 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 ",ITIDA.VIT ARE. TRIT A? D CORUCT. I IRI ?I?TRSTAND .j .',AT E STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: ri I AE Si?/ MY COMMISSION #DD714697 f EXPIRES: SEP 13, 2011 ° i 9?n? thmugh 1st State Insurance 0 +v ° y? rr, c U y `4 0 C1D ? RHONDA A. COX, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY PENNSYLVANIA V. : NO. 05-2920 CIVIL. 'PERM JIMMY E. COX, : IN DIVORCE Defendant CIVIL ACTION - LAW WAIVER OF NOTICE OF INTENTION TO REQUEST THE ENTRY OF A DIVORCE DECREE UNDER &3301(0) OF THE DIVORCE CODE L I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. 1 VERIFY THAT THF?. STATEMENTS MADE IN' THY FOR.EGOiT.G 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: f*V RHONDA ' ?. _. 11:h1YC J 1 EJSKAL :° a `• MY COMMISSIN #00714697 EXPIRES; SEP 13, 2011 " Bonded through 1st State Insurance A. ? ? ? ?` ?`? ? r? . 3. `!J :?',`,' ? - ?j :?'? .c tt> RHONDA A. COX, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY PENNSYLVANIA V. NO. 05-2920 CIVIL TERM JIMMY E. COX, IN DIVORCE Defendant CIVIL ACTION -LAW NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff in the above matter hereby elects to retake and hereafter use her previous name of RHONDA A. STEPHENS. STATE OF FLORIDA COUNTY OF LEC RHONDA A. CO R ONDA AI SS III? S SS Chl WIN / s uay of ;i,n, 't,ei'ole i,Ie, tl?e urtae1-sibr1eci oi personally appeared Rhonda A. Cox, now known as Rhonda A. Stephens, known to me (or satisfactory proven) to be the person whose name is subscribed to the within document and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary MY SION #E00714697 EXPIRES: SEP 13, 2011 " Bonded through 1st State insurance fi N< A.. n RHONDA A. COX, Plaintiff VS. JIMMY E. COX, , Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05 - 2920 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this Sit day of C" , 2008, counsel and the parties having entered i o an agreement and stipulation resolving the economic issues on March 14, 2008, the date set for a conference with counsel and the parties, the agreement and stipulation having been transcribed, the appointment of the Master is vacated and counsel can conclude the proceedings by the filing of a praecipe to transmit the record with the affidavits of consent of the parties so that a final decree in divorce can be entered. cc: Hannah Herman-Snyder /Attorney for Plaintiff Jimmy E. Cox Defendant (20 , 'Es on tt LL G.?i.? f og BY THE OURT, G11 ?t\ Edgar B. Bayley, P.J. LLJ C? CZ), RHONDA A. COX, Plaintiff VS. JIMMY E. COX, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05 - 2920 CIVIL IN DIVORCE THE MASTER: Today is Friday, March 14, 2008. This is the date set for a conference in the above-captioned divorce proceedings. Rhonda A. Cox, the Plaintiff, is not present today, as she resides in Florida; however, her attorney Hannah Herman-Snyder is present on her behalf. Mr. Cox is present also but he is not represented by counsel. This action was commenced by the filing of a complaint in divorce on June 7, 2005, raising grounds for divorce of irretrievable breakdown of the marriage. The Defendant, Mr. Cox, has provided the Master with an affidavit of consent and a waiver of notice of intention to request entry of divorce decree dated today. His affidavit and waiver will be filed by the Master office's with the Prothonotary's office. Attorney Herman-Snyder has indicated that she will immediately have an affidavit and waiver signed by her client and file those documents within seven to ten days with the Prothonotary's office. Therefore, the divorce can conclude under Section 3301(c) of the Domestic Relations Code. The complaint also raised economic claims of equitable distribution, alimony, alimony pendente lite and 1 attorney fees and costs. The parties were married on December 29, 2000, and separated May 12, 2005. There are no children of this marriage. Attorney Herman-Snyder and Mr. Cox have spent considerable time negotiating a resolution of the economic claims. The Master has been advised that the claims for alimony by wife and wife's attorney fees and costs are going to be withdrawn and attorney Herman-Snyder will reflect that understanding in the agreement. Therefore, we are left with the remaining economic issue of equitable distribution which will be addressed in the content of the settlement agreement, which is going to be placed on the record in the presence of Mr. Cox and attorney Herman-Snyder. The agreement is going to be sent to counsel for the Plaintiff and to Mr. Cox. Both parties to the action will be requested to affix their signature to the agreement and return it to the Master. Upon receipt by the Master of a completed agreement, the Master will prepare an order vacating his appointment and counsel can then file a praecipe transmitting the record to the Court requesting a final decree in divorce. Ms. Herman-Snyder. MS. HERMAN-SNYDER: 1. Each of the parties shall pay the debts in his or her own name and in his or her own possession. Each party will 2 indemnify the other party on account of any of the debt that they are assuming free of any claims by the creditors against the other party. Any debts incurred since the time of the separation are the individual debts of the party who incurred the debt herein. 2. Husband shall provide to wife a roll over of his Teamsters Retirement Income Plan 1987 in the amount of $60,000.00, with wife's counsel preparing the QDRO. The $60,000.00 shall be distributed in two distinct portions. First, $30,000.00 shall include the earnings or losses from the date of separation, May 12, 2005, to the date of implementation of the QDRO. Second, $30,000.00 shall not relect earnings or losses until the implementation of the QDRO. 3. Husband shall transfer to wife one-half of the marital portion of his Teamsters Defined Benefit Plan, with wife's counsel preparing the QDRO. Specifically, however, the percentage of the distribution will be one-half and the QDRO will reflect wife receiving a share of the marital portion of the pension only. 4. Wife shall sign over to husband titles for the following marital vehicles: 2000 Harley Davidson FLHTC motorcycle; 1993 Ford Aerostar; and the 1994 Dodge Ram. Wife shall take full responsibility for removing the lien on the 2000 Harley Davidson motorcycle at the time of the transfer in favor of her son. 5. Husband's girlfriend has a judgment against wife and husband will take whatever action he can do to accomplish a removal of that judgment against wife. 6. Wife agrees to withdraw her claim for attorney fees and alimony. 7. With respect to the household tangible personal property, each party retains possession of the property presently in his or her possession free of any claims of the other party. 8. It is understood that the roll over/QDRO of the Income Plan and Benefit Plan may not be completed until after the 3 divorce decree and transfer of the vehicle titles. Husband agrees to cooperate wiht the Plan and Benefit documents when presented to him. 9. In the event that Mr. Cox creates a delay or problem with signing the Qualified Domestic Relations Orders, he will be responsible for any attorney fees that have been incurred in order to get him to sign the documents necessary to effectuate the equitable distribution relating to the roll over of the Teamsters Retirement Income Plan 1987 and the Teamsters Defined Benefit Plan. 10. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. THE MASTER: Mr. Cox, we have had some discussion here today; we have been here previously, are you satisfied that this agreement that has been stated on the record reflects your understanding of the settlement? MR. COX: Yeah. I understand the settlement but I still have a great fear of the fact that this $12,000.00 motorcycle -- that her son is a lien holder on that. THE MASTER: Well, she has agreed to get that removed and that is her responsibility and that is in the agreement, and if she doesn't, then you have the right to 4 enforce the agreement. MR. COX: Right. I just hope we can avoid any further Court issues. THE MASTER: Well, that is the intention. MS. HERMAN-SNYDER: Me too. THE MASTER: I know you have some concern about this, but otherwise, do you understand and agree to this agreement that is placed on the record as a final resolution of the economic issues in the divorce case. MR. COX: Yes. I have one question. THE MASTER: Off the record. (A discussion was held off the record.) AFTER DISCUSSION OFF THE RECORD THE MASTER: Upon the entry of a divorce decree, the alimony pendente lite order in the Cumberland County Domestic Relations Office will terminate, and Mr. Cox would only be responsible for any arrearages which might have developed on that order since its inception to its termination. Do you understand that? MR. COX: Yes. (A discussion was held off the record.) AFTER DISCUSSION OFF THE RECORD. THE MASTER: It is understood that the QDRO as reflected in this agreement to conclude the equitable 5 distribution settlement may not be completed before the entry of a divorce decree; however, upon the completion of the QDROs they will be presented to the Court for signature and will then be entered as an order finalizing the agreement with regard to those pension issues. (A discussion was held off the record.) AFTER DISCUSSION OFF THE RECORD. THE MASTER: In the event that Mr. Cox creates a delay or problem with be responsible for any attorney in order to get him to sign the effectuate the equitable distri over of the Teamster Retirement Teamster Defined Benefit Plan. signing the QDROs, he will fees that have been incurred documents necessary to oution relating to the roll Income Plan 1987 and the (A discussion was held off the record.) THE MASTER: Thank you. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to 6 the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: '?lJ_aw wh S1 /?- C7/ Hannah Herman Snyd r Attorney for Plaintiff DATE: 3?- 2- R onda .,Zox A J' y E. ox 7 05-2920 CIVIL ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT 310102724 State Commonwealth of Pennsylvania 885 S 2000 Co./City/Disc. of CUMBERLAND Date of Order/Notice 06/26/08 Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number ROADWAY EXPRESS INC* PO BOX 471 AKRON OH 44309-0471 RE: COX, JIMMY E. OOrig,inal Order/Notice OAmended Order/Notice OTerminate Order/Notice 00ne-1 ime Lump Sum/Notice Employee/Obligor's Name (Last, First, MI) 226-23-7507 Employee/Obligor's Social Security Number 3564100635 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. $ boo. oo per month in current child support $ 0.. G0 per month in past-due child support Arrears 12 weeks or greater? Oyes © no $ o.oo per month in current medical support $ o. oo per month in past-due medical support $ 342. 00 per month in current spousal support $ o . oo per month in past-due spousal support $ o . o o per month for genetic test costs $ o . oo per month in other (specify) $ one-time lump sum payment for a total of $ 942.00 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: $ 217.38 per weekly pay period. $ 471. oo per semimonthly pay period (twice a month) $ 43477 per biweekly pay period (every two weeks) $ 942 .00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If required by Pennsylvania law (23 PA C.S. § 4374(b)) to remit by electronic payment method, please call Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURI Y ER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. .? BY THE COURT: END E.VUIDO, JUDGE Form EN-028 Rev. 3 Service Type M o,1,AsNo.i0970-0154 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS EJ If checked you are required to provide a copy of this form to your employee. If your employee works in a state that is different from the state that issued this order, a copy must be provided to your employee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 3404926700 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : 0 THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 0 EMPLOYEE'S/OBLIGOR'S NAME: COX, JIMMY F_ EMPLOYEE'S CASE IDENTIFIER: 3564100635 DATE OF SEPARATION LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: FINAL PAYMENT AMOUNT. NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) (15 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks : If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: - *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 1 1 . Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 by telephone at (717) 240-6225 or by FAX at (717) 240-6248_ or by internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Rev. 3 Service Type M oM6 No.:0970-0154 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: Cox, JIMMY E. PAGES Case Number 310102724 Plaintiff Name PACSES Case Number 789107591. BARBARA A. COX Plaintiff Name Docket Attachment Amount RHONDA A. COX 008i85 Docket 2000 $ Amo Docket Attachment Amount 600.00 Chd(ren)'s Name(s): 05-2920 CIVIL$ 342.00 DOB Child(ren)'s Name(s): JONATHAN Z. COX 05/02/91 ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ?If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ?If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ?If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's obligor's employment. Service Type M Addendum Form EN-028 Rev. 3 OMB No.: 0970-0154 Worker ID $IATT RHONDA A. COX, Plaintiff V. JIMMY E. COX, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA : NO. 05-2920 CIVIL TERM IN DIVORCE CIVIL ACTION -LAW PRAECIPE TO TRANSMIT RECORD 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: by certified mail, restricted delivery on June 21, 2005. 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: April 1, 2008 by Defendant: March 14, 2008 (b) (1) Date of execution of the affidavit required by §3301 (d) of the Divorce Code: (2) Date of filing and service of the plaintiff's affidavit upon the respondent: 4. Related claims pending: Plaintiff's claim for alimony, alimony pendente lite, counsel fees, expenses and costs; Defendant's claim for equitable distribution. 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: April 7, 2008 Date defendant's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: March 14, 2008 Hannah Herman-Snyder, Esquire 4 GRIFFIE & ASSOCIATES Attorney for Plaintiff r-a t c_. :jj 77 C22 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. Rhonda A. Cox Plaintiff NO. 2005-2920 VERSUS Jimmy E. Cox, Defendant DECREE IN DIVORCE AND NOW, v? IT IS ORDERED AND DECREED THAT Rhonda A. Cox PLAINTIFF, AND Jimmy E. Cox DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; ROTHONOTARY ? Ile RHONDA A. COX, Plaintiff/Petitioner VS. JIMMY E COX, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 05-2920 CIVIL TERM IN DIVORCE PACSES Case No: 789107591 ORDER OF COURT AND NOW to wit, this 30th day of July 2008, it is hereby Ordered that the Order for Alimony Pendente Lite is terminated, effective July 22, 2008, pursuant to the Decree in Divorce entered. There is a remaining balance of $173.54 owed to the Petitioner and will be paid off with the current wage attachment. This Order shall become final twenty (20) 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 Domestic Relations Section for a hearing de novo before the Court. BY THE C Edward E. Guido, J. DRO: R.J. Shadday xc: Petitioner Respondent Hannah Herman-Snyder, Esq. Form OE-001 Service Type: M Worker: 21005 r- ,?-= ?„ _, --?- ?? ?., i` p ;???t _ -.,.., .t ?? j r'' ::? ,..?? ::tea ..... 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 Defendant Name: JIMMY E. COX Member ID Number: 3564100635 Please note: All correspondence must include the Member ID Number. ORDER TO VACATE ATTACHMENT OF UNEMPLOYMENT BENEFITS Financial Break Down of Multiple Cases on Attachment PACSES Docket Plaintiff Name Case Number Number Att achment Amount/Frequency RHONDA A. COX 789107591 05-2920 CIVIL $ 175.00 MONTH / TOTAL ATTACHMENT AMOUNT: $ 175.00 The prior Order of this Court directing the Department of Labor and Industry, Bureau of Unemployment Compensation Benefits and Allowances (BUCBA), to attach $ 40.27 or 5 0 % per week of the Unemployment Compensation benefits of JIMMY E. COX ,Social Security Number XXX-XX-7507 , Member ID Number 3564100635 is hereby vacated. This Order to Vacate shall be effective upon receipt of the notice of the Order by the Department and shall remain in effect until a further Order of the Court is filed. Date of Order: 28/04 /08 DRO: R. J. SHADDAY Service Type M BY THE COURT EDWARD E. GUI JUDGE Form EN-035 Rev. I Worker ID $ IATT r..a C? t -" JUL 9 1 2008 RHONDA A. COX, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY PENNSYLVANIA V. NO. 05-2920 CIVIL TERM JIMMY E. COX, IN DIVORCE Defendant CIVIL ACTION - LAW QUALIFIED DOMESTIC RELATIONS ORDER WHEREAS, JIMMY E. COX, (hereinafter referred to as "Participant") and RHONDA A. COX (hereinafter referred to as "Alternate Payee") have agreed to a division of marital property, which Agreement includes provision for a distribution from Participant's account in the Central Pennsylvania Teamsters Retirement Income Plan 1987 (hereinafter "Plan"); and WHEREAS, this Qualified Domestic Relations Order (hereinafter the "Order") provides for the division and disposition of the marital components of the Participant's account in the Plan, which is a defined contribution plan provided by the Central Pennsylvania Teamsters Union, of 1055 Spring Street, Wyomissing, Pennsylvania 19610 WHEREAS, Participant intends to grant the Alternate Payee, rights to such benefits ire such amounts on the terms and conditions prescribed hereinafter as proy,idc for in the Plan: and WHEREAS, this Order is intended to be a Qualified Domestic Relations Order (hereinafter referred to as "QDRO"), as that term is defined in Section 414(p) of the Internal Revenue Code and Section 206(d)(3) ofERISA. o1- NOW THEREFORE, IT IS STIPULATED AND ORDERED AS FOLLOWS: 1. The parties intend for this Order to constitute a "Qualified Domestic Relations Order" as defined in Section 414(p) of the Internal Revenue Code of 1986, as amended. 2. This Order applies to the following qualified retirement plan: The Central Pennsylvania Teamsters Retirement Income Plan 1987 (hereinafter referred to as the "Plan") 3. Participant's Social Security Number is xxx-xx-7507, and at present Participant is an inactive participant in the Plan. 4. Alternate Payee's Social Security Number is xxx-xx-3366. 5. Participant's date of birth is March 3, 1965, and his last known mailing address is 1307 Ritner Highway, Carlisle, PA 17015. 6. Alternate Payee's date of birth is April 15, 1966, and her last known mailing address is P.O. Box 6489, Fort Myers, FL, 33901. 7. Participant's interest in the Plan is marital property subject to segregation by this Court. This Order assigns to the Alternate Payee a portion of Participant's account balance under the Plan in an amount equal to Sixty Thousand Dollars ($60,000.00). As soon as administratively practical after the Plan Administrator determines this Order to be a Qualified Domestic Relations Order, the Alternate Payee's share of the Participant's account balance shall be segregated and held separately in an account for the Alternate Payee. The Plan Administrator will credit (i) Thirty Thousand Dollars ($30,000.00) with a pro rate portion of plan gains, losses and expenses from May 12, 2005 to the plan valuation date closest to the date of the Alternate Payee receives her benefit; and (ii) Thirty Thousand Dollars ($30,000.00) with a pro rata portion of plan gains, losses and expenses from the date the Order is determined to be a Qualified Domestic Relations Order by the Fund to the date the Alternate Payee receives her benefit. Payment of benefits to the Alternate Payee can commence when the Participant reaches his "earliest retirement age" as that term is defined in Section 206(d)(3)(E) of ERISA and Section 414(p)(4) of the IRC. 8. This Order does not require the Plan to provide any type of form of benefit, or option not otherwise provide under the Plan, nor require the payment of any benefits for the Alternate Payee which are required to be paid to another Alternate Payee under another Order previously determined to be a Qualified Domestic Relations Order, nor require the Plan to provide increased benefits which result from future contributions to the Plan. Any provisions of this Order which appear to be otherwise, shall be null and void and have no effect. 9. In no event shall the Alternate Payee have a greater right than those which are available to the Participant. 10. Any reasonable cost incurred by the Plan Administrator to effectuate the terms and provisions of this Order may be assessed against that party requiring the servitudes of the Plan Administrator. In the event both parties require services of the Plan Administrator, such expenses shall be divided equally between them. 11. The parties shall promptly submit this Order to the Plan Administrator for determination and approval of this document as a Qualified Domestic Relations Order. The Plan Administrator is the Central Pennsylvania Teamsters Union of P.O. Box 15223, Reading, Pennsylvania 19612-5223. 12. A copy of this Order shall be mailed promptly, return receipt requested, to the Plan Administrator. The Plan Administrator shall within a reasonable time after the receipt of this Order, determine whether this Order is a Qualified Domestic Relations Order, and notify both the Participant and the Alternate Payee of such a determination. Until such time as a determination has been made, the Finance Committee shall comply with all requirements imposed upon him by Section 404(p)(7) of the Code and Section 206(d)(3)(h) of ERISA. If the Finance Committee determines that this Order is not a Qualified Domestic Relations Order, then it shall notify the Participant and Alternate Payee of such determination and reason therefore. 13. This Court shall retain jurisdiction for enforcement purposes and to make any changes in this Order to the extent required to carry out the intent of the parties as evidenced by their affirmations in their Separation and Property Settlement Agreement. IT IS INTENDED THAT THIS ORDER SHALL QUALIFY AS A QUALIFIED DOMESTIC RELATIONS ORDER AS SUCH IS DEFINED UNDER SECTION 414(p) INTERNAL REVENUE CODE OF 1986 AS AMENDED. The Court retains jurisdiction to amend this Order as might be necessary to establish or maintain its status as a Qualified Domestic Relations Order. WITNESS: d County, J. 10- STATE OF FLORIDA COUNTY OF ' On this 61?? day of 6)ri 2008, before me, the undersigned officer, personally appeared RHONDA A. COX, 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. MY COMMISSION #?D&14697 EXPIRES: SEP 13, 2011 Bonded through 1st State Insurance COMMONWEALTH OF PENNSYLVANIA COUNTY OF 6SS?&k r / l" On this 1 2008, before me, the -3d day of /?,?,(/ undersigned officer, personally appeared JIMMY E. COX, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. r Rem IV JUL 212008 ?RHONDA A. COX, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY PENNSYLVANIA V. : NO. 05-2920 CIVIL TERM JIMMY E. COX, IN DIVORCE Defendant CIVIL ACTION - LAW QUALIFIED DOMESTIC RELATIONS ORDER WHEREAS, JIMMY E. COX, (hereinafter referred to as "Participant") and RHONDA A. COX (hereinafter referred to as "Alternate Payee") have agreed to a division of marital property, which Agreement includes provision for a distribution from Participant's account in the Central Pennsylvania Teamsters Defined Benefit Plan (hereinafter referred to as the "Plan"); and WHEREAS., this Qualified Domestic Relations Order (hereinafter the "Order") provides for the division and disposition of the marital components of the Participant's account in the Plan, which is a defined benefit plan provided by the Central Pennsylvania Teamsters Union, of 1055 Spring Street. Wyomissing, Pennsylvania 19610. WHEREAS, Participant intends to grant the Alternate Payee, rights to such benefits in such amounts on the terms and conditions prescribed hereinafter as provide for in the Plan; and WHEREAS, this Order is intended to be a Qualified Domestic Relations Order (hereinafter referred to as "QDRO" i, as that term is defined in Section 414(p) of the Internal Revenue Code and Section 206(d)(3) of ERiSA. NOW THEREFORE, IT IS STIPULATED AND ORDERED AS FOLLOWS: 1. The parties intend for this Order to constitute a "Qualified Domestic Relations Order" as defined in Section 414(p) of the Internal Revenue Code of 1986, as amended. 2. This Order applies to the following qualified retirement plan: The Central Pennsylvania Teamsters Defined Benefit Plan (hereinafter referred to as the "plan"). 3. Participant's Social Security Number is xxx-xx-7507, and at present Participant is an active participant in the Plan. 4. Alternate Payee's Social Security Number is xxx-xx-3366. 5. Participant's date of birth is March 3, 1965 and his last known mailing address is 1307 Ritner Highway, Carlisle, PA 17013. 6. Alternate Payee's date of birth is April 15, 1966, and her last known mailing address is P.O. Box 6489, Fort Myers, FL, 33901. 7. Participant's interest in the Plan is marital property subject to segregation by this Court. This Order assigns to the Alternate Payee one-half of the marital portion of the Participant's account balance under the DB Plan. The marital portion of the Participant's account shall be the benefit the Participant accrued under the DB Plan between December 29, 2000, the date of marriage, and May 12, 2005, the date of separation. The Alternative Payee's benefit shall be payable to her as a separate life annuity. . . I . In addition, the Alternate Payee is entitled to any increase in the value of the marital portion of the Participant's account due to any payment selection made by the Participant or change in the DB Plan. Payment of benefits to the Alternate Payee can commence when the Participant reaches his "earliest retirement age" as that term is defined in Section 206(d)(3)(E) of ERISA and Section 414(p)(4) of the IRC. 8. This Order does not require the Plan to provide any type of form of benefit, or option not otherwise provide under the Plan, nor require the payment of any benefits for the Alternate Payee which are required to be paid to another Alternate Payee under another Order previously determined to be a Qualified Domestic Relations Order, nor require the Plan to provide increased benefits which result from future contributions to the Plan. Any provisions of this Order which appear to be otherwise, shall be null and void and have no effect. 9. In no event shall the Alternate Payee have a greater right than those which are available to the Participant. 10. Any reasonable cost incurred by the Plan Administrator to effectuate the terms and provisions of this Order may be assessed against that party requiring the servitudes of the Plan Administrator. In the event both parties require services of the Plan Administrator, such expenses shall be divided equally between them. _. 11. The parties shall promptly submit this Order to the Plan Administrator for determination and approval of this document as a Qualified Domestic Relations Order. The Plan Administrator is the Central Pennsylvania Teamsters Union of P.O. Box 15223, Reading, Pennsylvania 19612-5223. 12. A copy of this Order shall be mailed promptly, return receipt requested, to the Plan Administrator. The Plan Administrator shall within a reasonable time after the receipt of this Order, determine whether this Order is a Qualified Domestic Relations Order, and notify both the Participant and the Alternate Payee of such a determination. Until such time as a determination has been made, the Finance Committee shall comply with all requirements imposed upon him by Section 404(p)(7) of the Code and Section 206(d)(3)(h) of ERISA. If the Finance Committee determines that this Order is not a Qualified Domestic Relations Order, then it shall notify the Participant and Alternate Payee of such determination and reason therefore. 13. This Court shall retain jurisdiction for enforcement purposes and to make any changes in this Order to the extent required to carry out the intent of the parties as evidenced by their affirmations in their Separation and Property Settlement Agreement. IT IS INTENDED THAT THIS ORDER SHALL QUALIFY AS A QUALIFIED DOMESTIC RELATIONS ORDER AS SUCH IS DEFINED UNDER SECTION 414(p) INTERNAL REVENUE CODE OF 1986 AS AMENDED. The Court retains jurisdiction to amend this Order as might be necessary to establish or maintain its status as a Qualified Domestic Relations Order. WITNESS: er, Esquire c, ?1,,"IC a Dated and approved by Pennsylvania, this Ji y E. C? --- rt of Common Pleas of Cumberland County, t 2008. -? '- -_- ? BY THE COUR J. Date Rhonda A. Cox )Gfi pore -hQ--3Q STATE OF FLORIDA COUNTY OF 2008, before me, the On this ?,1rLy of undersigned officer, personally appeared RHONDA A. COX, 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. iis- s: s& ts, 2QW Bonded 0nugh 1stStye h JW COMMONWEALTH OF PENNSYLVANIA COUNTY OF Cy On this 3; 'day of M 2008, before me, the j undersigned officer, personally appeared JIMMY E. COX, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ?I?MrI?